HomeMy WebLinkAbout952619.tiffNOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of Trustees of the Town of Frederick will hold a
Public Hearing commencing at 7:30 o'clock p.m., March 9, 1995, at the Frederick Town Hall,
Frederick, Colorado 80530.
The purpose of the Public Hearing will be to determine whether certain properties for
which an annexation petition have been filed meet the applicable requirements of the statutes of the
State of Colorado and are eligible for annexation to the Town of Frederick.
Any person may appear at the hearing and present evidence upon any matter to be
considered by the Board of Trustees.
The Resolution adopted by the Board of Trustees for such purpose is as follows:
TOWN OF FREDERICK, COLORADO
RESOLUTION NO. 95-R-1
WHEREAS, five petitions for annexation of certain properties has been filed with the
Board of Trustees of the Town of Frederick; and
WHEREAS, the Board of Trustees has reviewed the petitions; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and for zoning, if requested in the petitions; and
WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by
Resolution its findings in regard to the petitions;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FREDERICK, COLORADO, AS FOLLOWS:
1. The petitions, whose legal descriptions are attached hereto as Exhibits A, B, C,
D and E and incorporated by reference herein, are in substantial compliance with the applicable
laws of the State of Colorado.
in the petition.
2. No election is required under C.R.S. §31-12-107(2).
3. No additional terms and conditions are to be imposed except those provided for
4. The Board of Trustees will hold a public hearing for the purpose of determining
if the proposed annexations comply with C.R.S. §31-12-104, and with C.R.S. §31-12-105, and
to determine the appropriate zoning of the subject properties if requested in the petitions, at the
Frederick Town Hall, Frederick, Colorado 80530, at the following time and date:
7:30 P.M.
March 9, 1995
5. Any person may appear at such hearing and present evidence relative to the
proposed annexations or the proposed zoning.
c e c 1 S
6. Upon completion of the hearing, the Board of Trustees shall set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed
annexations, and whether the statutory requirements for the proposed annexations have been met,
and further, will determine the appropriate zoning of the subject property if requested in the
petition.
7. If the Board of Trustees concludes, by resolution, that all statutory requirements
have been met and that the proposed annexations are proper under the laws of the State of
Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property
to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if
requested in the petitions.
INTRODUCED, READ, SIGNED AND APPROVED this 26TH DAY OF
JANUARY 1995.
ATTEST:
e K. Barnett, Town Clerk
lication Dates: 2/1/95
2/8/95
2/15/95
222/95
STROMQUIST ANNEXATION NO. 1
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE
6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 WHENCE THE
SOUTHWEST CORNER OF SECTION 22 BEARS SOUTH 89°54'46" WEST 2643.69 FEET;
THENCE SOUTH 00°04'32' WEST 30.00 FEET; THENCE SOUTH 89°54'46" WEST 1.00
FEET; THENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE SOUTH 89°54'46" WEST
119.00 FEET; THENCE NORTH 00°04'32" EAST 58.00 FEET; THENCE NORTH 89°54'46"
EAST 119.00 FEET; THENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE NORTH
89°54'46" EAST 1.00 FEET; THENCE SOUTH 00°04'32" WEST 30.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.160 ACRES MORE OR LESS.
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EXHIBIT
A
STROMQUIST ANNEXATION NO. 2
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE
6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 22, WHENCE THE SOUTH
QUARTER CORNER THEREOF BEARS NORTH 89°54'46" EAST 120.00 FEET; THENCE SOUTH
00°04'32" WEST 29.00 FEET; THENCE NORTH 89°54'46" EAST 119.00 FEET; THENCE
SOUTH 00°04'32" WEST 1.00 FEET; THENCE SOUTH 89°54'46" WEST 124.00 FEET;
THENCE NORTH 00°04'3T EAST 1.00 FEET; THENCE SOUTH 89°54'46" WEST 591.00
FEET; THENCE NORTH 00°04'32" EAST 58.00 FEET; THENCE NORTH 89°54'46" EAST
591.00 FEET; THENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE NORTH 89°54'46"
EAST 124.00 FEET; THENCE SOUTH 00°04'32" WEST 1.00 FEET; THENCE SOUTH
89°54'46" WEST 119.00 FEET; THENCE SOUTH 00°04'32" WEST 29.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.799 ACRES MORE OR LESS.
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EXHIBIT
B
STROMQUIST ANNEXATION NO. 3
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22, THE
NORTHWEST QUARTER OF SECTION 27, THE SOUTHEAST QUARTER OF SECTION 21, AND
THE NORTHEAST QUARTER OF SECTION 28 ALL IN TOWNSHIP 2 NORTH, RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH UNE OF SAID SECTION 22, WHENCE THE
SOUTH QUARTER CORNER THEREOF BEARS SOUTH 89°54'46" WEST 716.00 FEET;
THENCE SOUTH 00°04'32" WEST 29.00 FEET; THENCE NORTH 89°54'46 EAST 591.00
FEET; THENCE SOUTH 00°04'32" WEST 1.00 FEET; THENCE SOUTH 89°54'46"
WEST 596.00 FEET; THENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE SOUTH
2°°54'46" WEST 1,922.62 FEET, WHENCE THE SOUTHEAST CORNER OF SAID
SECTION 21 BEARS NORTH 00°03'19" WEST 29.00 FEET; THENCE SOUTH
89°51'08" WEST 556.31 FEET; THENCE NORTH 00°03'19" WEST 58.00 FEET;
THENCE NORTH 89°51'08" EAST 556.31 FEET. WHENCE THE SOUTHEAST CORNER OF.
SAID SECTION 21 BEARS SOUTH 00°03'19" EAST 29.00 FEET; THENCE NORTH
89°54'46" EAST 1,922.76 FEET; THENCE NORTH 00°04'32" EAST 1.00 FEET;
THENCE NORTH 89°54'46" EAST 596.00 FEET; THENCE SOUTH 00°04'32" WEST
1.00 FEET; THENCE SOUTH 89°54'46" WEST 591.00 FEET; THENCE SOUTH
00°04'32" WEST 29.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3.335
ACRES MORE OR LESS.
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EXHIBIT
C a
STROMQUIST ANNEXATION NO. 4
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22. THE
NORTHWEST QUARTER OF SECTION 27, A PORTION OF SECTION 21, THE NORTHEAST
QUARTER OF SECTION 28, AND THE NORTHEAST QUARTER OF SECTION 20 ALL IN
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY,
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 21, WHENCE THE
SOUTHEAST CORNER BEARS NORTH 89°51'08" EAST 556.31 FEET; THENCE SOUTH
00°03'19" EAST 29.00 FEET; THENCE NORTH 89°51'08" EAST 556.31 FEET TO A POINT
WHENCE THE SOUTHEAST CORNER OF SAID SECTION 21 BEARS NORTH 00°03'19" WEST
29.00 FEET; THENCE NORTH 89°54'46" EAST 1,922.62 FEET; THENCE SOUTH 00°04'32"
WEST 1.00 FEET; THENCE SOUTH 89°54'46" WEST 1,922.62 FEET WHENCE THE
SOUTHEAST CORNER OF SAID SECTION 21 BEARS NORTH 00°03'19" WEST 30.00 FEET;
THENCE SOUTH 89°51'08" WEST 561.31 FEET; THENCE NORTH 00°03'19" WEST 1.00
FEET; THENCE SOUTH 89°51'08" WEST 1,651.94 FEET; THENCE NORTH 87°17'40" WEST
54.57 FEET; THENCE NORTH 82°38'50" WEST 61.10 FEET; THENCE NORTH 69°09'55"
WEST 87.54 FEET; THENCE NORTH 44°16'05" WEST 91.13 FEET; THENCE NORTH •
32°52'53" WEST 64.67 FEET; THENCE NORTH 31°37'03" WEST 254.69 FEET TO A POINT
ON THE NORTH -SOUTH CENTERUNE OF SAID SECTION 21 WHENCE THE SOUTH QUARTER
CORNER BEARS SOUTH 00°04'06" EAST 350.09 FEET; THENCE CONTINUING NORTH
31°37'03" WEST 140.76 FEET; THENCE NORTH 32°04'06" WEST 4933 FEET; THENCE
NORTH 00°04'06" WEST 2,143.53 FEET TO A POINT ON THE EAST -WEST CENTERUNE OF
SAID SECTION 21, WHENCE THE CENTER QUARTER CORNER BEARS NORTH 89°43'31"
EAST 100.00 FEET; THENCE SOUTH 89°43'31" WEST 2,551.27 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 44°54'26" WEST 1,881.50 FEET
TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 20; THENCE SOUTH 89°47'39" EAST 1,330.57 FEET TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 20; THENCE NORTH 89°40'5T EAST 2,647.36 FEET TO THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
21; THENCE NORTH 89°41'08" EAST 448.80 FEET; THENCE SOUTH 32°54'46" WEST
249.27 FEET; THENCE SOUTH 33°18'22" WEST 569.13 FEET TO A POINT ON THE
NORTH -SOUTH CENTERUNE OF SECTION 21; THENCE SOUTH 00°04'13" EAST 647.31
FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 21; THENCE SOUTH 00°04'06"
EAST 1,328.06 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 21; THENCE CONTINUING SOUTH 00°04'06"
EAST 700.23 FEET; THENCE LEAVING THE NORTH -SOUTH CENTERUNE OF SAID SECTION
21, SOUTH 76°36'15" WEST 91.91 FEET; THENCE SOUTH 32°04'06" EAST 124.42 FEET;
THENCE NORTH 82°55'54" EAST 23.67 FEET; THENCE SOUTH 00°04'06" EAST 41.16 FEET
TO A POINT ON THE NORTH -SOUTH CENTERUNE OF SAID SECTION 21 WHENCE THE
SOUTH QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 00°04'06' EAST 462.84
FEET; THENCE SOUTH 31°37'02" EAST 349.96 FEET; THENCE SOUTH 32°52'53" EAST
58.31 FEET; THENCE SOUTH 44°16'05" EAST 72.22 FEET; THENCE SOUTH 69°09'55"
EAST 67.54 FEET; THENCE SOUTH 82°38'50" EAST 51.73 FEET; THENCE SOUTH
87°17'40" EAST 50.70 FEET; THENCE NORTH 89°51'08" EAST 2.211.88 FEET TO A POINT
WHENCE THE SOUTHEAST CORNER OF SAID SECTION 21 BEARS SOUTH 00°03'19" EAST
30.00 FEET; THENCE NORTH 89°54'46" EAST 1,922.76 FEET; THENCE SOUTH 00°04'32"
WEST 1.00 FEET; THENCE SOUTH 89°54'46" WEST 1,922.76 FEET; THENCE SOUTH
89°51'08" WEST 556.31 FEET; THENCE SOUTH 00°03'19" EAST 29.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 112.784 ACRES MORE OR LESS.
EXHIBIT
°:'stram4. ieq, 3.0o
STROMQUIST ANNEXATION NO. 5
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, THE SOUTH
HALF OF SECTION 21, THE EAST HALF OF SECTION 20, AND THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 2 NORTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 21, WHENCE THE
SOUTHEAST CORNER BEARS NORTH 89°51'08' EAST 561.31 FEET; THENCE SOUTH
00°03'19' EAST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°51'08"
WEST 1,651.96 FEET; THENCE NORTH 87°17'40" WEST 54.63 FEET; THENCE NORTH
82°38'50" WEST 61.26 FEET; THENCE NORTH 69°09'55" WEST 53.86 FEET TO A POINT
ON THE SOUTH LINE OF SECTION 21; THENCE ALONG SAID SOUTH LINE, SOUTH
89°51'08" WEST 263.06 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 21;
THENCE SOUTH 89°43'17" WEST 2,601.25 FEET TO A POINT ON THE WEST RIGHT-OF-
WAY LINE OF WELD COUNTY ROAD 5, WHENCE THE SOUTHWEST CORNER OF SAID
SECTION 21 BEARS SOUTH 89°43'17" WEST 58.21 FEET; THENCE ALONG SAID RIGHT-OF-
WAY LINE, SOUTH 34°50'06" WEST 59.64 FEET; THENCE SOUTH 29°29'16" WEST 64.41
FEET; THENCE SOUTH 19°27'36" WEST 67.23 FEET; THENCE LEAVING SAID RIGHT-OF-
WAY LINE ALONG THE CENTERLINE OF AN EXISTING ROAD, SOUTH 65°59'17" WEST
97.01 FEET; THENCE SOUTH 62°18'47" WEST 87.40 FEET; THENCE SOUTH 57°08'53"
WEST 77.02 FEET; THENCE SOUTH 66°26'09" WEST 20.54 FEET TO THE EAST RIGHT-OF-
WAY LINE OF THE C,B&Q RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH
34°54'49" EAST 363.31 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 20, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 20
BEARS NORTH 89°46'31" EAST 71.56 FEET; THENCE ALONG SAID SOUTH LINE, SOUTH
89°46'31" WEST 122.28 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE C,B&Q
RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 34°54'49" EAST 1,624.92
FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 89°43'24" WEST 733.67 FEET
TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 20; THENCE SOUTH 89°52'18" WEST 1,331.16 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 20; THENCE NORTH 00°06'58" EAST 1,330.39 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
20; THENCE NORTH 00°06'58" EAST 1,333.33 FEET TO THE NORTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE
SOUTH 44°54'26" EAST 1,881.50 FEET TO THE WEST QUARTER CORNER OF SAID
SECTION 21; THENCE NORTH 89°43'31" EAST 2,551.28 FEET TO A POINT ON THE EAST -
WEST CENTERLINE OF SAID SECTION 21, WHENCE THE CENTER QUARTER CORNER OF
SECTION 21 BEARS NORTH 89°43'31" EAST 100.00 FEET; THENCE SOUTH 00°04'06"
EAST 2,143.53 FEET; THENCE SOUTH 32°04'06" EAST 49.73 FEET; THENCE SOUTH
31°37'03" EAST 140.76 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID
SECTION 21, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH
00°04'06" EAST 350.09 FEET; THENCE CONTINUING SOUTH 31°37'03" EAST 254.69
FEET; THENCE SOUTH 32°52'53" EAST 64.67 FEET; THENCE SOUTH 44°16'05" EAST
91.13 FEET; THENCE SOUTH 69°09'55" EAST 87.54 FEET; THENCE SOUTH 82°38'50"
EAST 61.10 FEET; THENCE SOUTH 87°17'40" EAST 54.57 FEET; THENCE NORTH
89°51'08" EAST 1,651.94 FEET; THENCE SOUTH 00°03'19" EAST 1.00 FOOT TO THE
POINT OF BEGINNING, CONTAINING 211.254 ACRES MORE OR LESS.
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EXr...HIBIT
TOWN OF FREDERICK, COLORADO
RESOLUTION NO. 95-R-1
WHEREAS, five petitions for annexation of certain properties has been filed with the
Board of Trustees of the Town of Frederick; and
WHEREAS, the Board of Trustees has reviewed the petitions; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
_subject property for annexation and for zoning, if requested in the petitions; and
WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by
Resolution its findings in regard to the petitions;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FREDERICK, COLORADO, AS FOLLOWS:
1. The petitions, whose legal descriptions are attached hereto as Exhibits A, B, C,
D and E and incorporated by reference herein, are in substantial compliance with the applicable
laws of the State of Colorado.
in the petition.
2. No election is required under C.R.S. §31-12-107(2).
3. No additional terms and conditions are to be imposed except those provided for
4. The Board of Trustees will hold a public hearing for the purpose of determining
if the proposed annexations comply with C.R.S. §31-12-104, and with C.R.S. §31-12-105, and
lo determine the appropriate zoning of the subject properties if requested in the petitions, at the
Frederick Town Hall, Frederick, Colorado 80530, at the following time and date:
7:30 P.M.
March 9, 1995
5. Any person may appear at such hearing and present evidence relative to the
proposed annexations or the proposed zoning.
6. Upon completion of the hearing, the Board of Trustees shall set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed
annexations, and whether the statutory requirements for the proposed annexations have been met,
and further, will determine the appropriate zoning of the subject property if requested in the
petition.
7. If the Board of Trustees concludes, by resolution, that all statutory requirements
have been met and that the proposed annexations are proper under the laws of the State of
Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property
to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if
requested in the petitions.
INTRODUCED, READ, SIGNED AND APPROVED this 26TH DAY OF
JANUARY 1995.
ATTEST:
e K. Barnett, Town Clerk
TOWN OF FREDERICK
B r
umit
Edward J. Taal
PETITION FOR ANNEXATION
TO: Board Of Trustees Of The Town Of Frederick, Colorado
TROM: Petition Known As:
The undersigned landowners, in accordance with the provisions of
Sections 31-12-101, et seq., 12B, C.R.S. and known as the Municipal
Annexation Act of 1965, as amended, hereby petition the Board of
Trustees of the Town of Frederick for annexation to the Town of
Frederick the following -described unincorporated area situated and
being in the County of Weld, and State of Colorado, to -wit:
(See Exhibit A attached hereto and
incorporated herein by reference.)
Your petitioners further state to the Board of Trustees of the Town
of Frederick, Colorado, as follows:
1. That it is desirable and necessary that such area be
annexed to the Town of Frederick, Colorado.
2. That the area sought to be annexed to the Town of
Frederick meets the requirements of Section 31-12-104 and
105, as amended, of the Municipal Annexation Act of 1965,
in that:
a. -Not less than one -sixth (1/6) of the perimeter of
the area proposed to be annexed will be contiguous
-with the existing boundaries of the Town of
Frederick, Colorado.
b. A community of interest exists between the area
proposed to be annexed and the Town of Frederick,
Colorado.
c. The area proposed to be annexed is urban or will be
urbanized in the near future and said area is
integrated or is capable of being integrated with
the Town of Frederick, Colorado.
xi. No land held in identical ownership, whether
consisting of one tract or parcel of real estate or
two or more contiguous tracts or parcels of real
estate:
(1) is divided into separate parts or parcels
without the written consent of the landowner
or landowners thereof, unless such tracts or
parcels are separated by a dedicated street,
road, or other public way.
1
together with the buildings and improvements
situated thereon, has a valuation for
assessment in excess of -$200,000.00 for ad
valorem tax purposes for the year -next
preceding the annexation is included within
the area proposed to be annexed without the
written consent of the landowner or
landowners.
-e. No annexation proceedings have been commenced for
the annexation to another municipality of part or
all of the territory proposed to be annexed.
f. The annexation of the area proposed to be annexed
will not result in the detachment of area from any
school district and the attachment of same to
another school district.
-g•
The annexation of the area proposed to be annexed
will not have the effect of extending the boundary
of the Town of Frederick more than three miles in
any direction from any point of the Town's boundary
in any one year.
h. If a portion of a platted street or alley is to be
annexed, the entire width of said street or alley
is included within the area to be annexed.
i. Reasonable access shall not be denied to
landowners, owners of easements, or the owners of
franchises, adjoining any platted street or alley
to be annexed that will not be bordered on both
sides by the Town of Frederick.
j. The area proposed to be annexed comprises (MORE
THAN TEN ACRES AND THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY HAS AGREED TO WAIVE
THE REQUIREMENT OF AN IMPACT REPORT AS PROVIDED FOR
IN SECTION 31-12-105.5, CRS, AS AMENDED.) (MORE
THAN TEN ACRES AND AN INPACT REPORT AS PROVIDED FOR
IN IN SECTION 31-12-105.5, CRS, AS AMENDED, IS
REQUIRED.) (TEN ACRES OR FEWER AND AN IMPACT
REPORT AS PROVIDED FOR IN SECTION 31-12-105.5, CRS,
AS AMENDED, IS NOT REQUIRED.)
k. The area proposed to be annexed is located within
Weld County, (LIST ALL OTHER SPECIAL DISTRICTS) and
no others;
description of the land owned by each signer and
the date of signing of each signature are all shown
on this Petition;
3. That attached hereto and incorporated herein by reference
are two (2) mylars and four (4) prints of the annexation
map, containing the following information:
a. A written legal description of the boundaries of
the area proposed to be annexed;
b. A map showing the boundary of the area proposed to
be annexed, such map prepared and containing the
seal of a registered engineer or land surveyor.
c. Within the annexation boundary map, a showing of
the location of each ownership tract of unplatted
land, and, with respect to any area which is
platted, the boundaries and the plat numbers of
plots or lots and blocks;
d. Next to the boundary of the area proposed to be
annexed a drawing of the contiguous boundary of the
Town of Frederick and the contiguous boundary of
any other municipality abutting the area proposed
to be annexed.
e. The dimensions of the contiguous boundaries are
shown on the map.
• 4. That the petitioners are the landowners of more than
fifty percent (50%) of the area sought to be annexed,
exclusive of streets and alleys.
5. That all of the petitioners signed this Petition for
Annexation no more than 180 days prior to the date of the
filing of this Petition for Annexation.
6. That this Petition for Annexation satisfies the
requirements of Article II, Section 30, of the
constitution of Colorado in that it is signed by persons
comprising more than fifty percent (50%) of the
landowners in the area proposed to be annexed who own
more than fifty percent (50%) of said area, excluding
public streets and alleys and any land owned by the Town
of Frederick.
7. That upon the Annexation Ordinance becoming effective,
all lands within the area sought to be annexed shall
become subject to all ordinances, resolutions, rules and
regulations of the Town of Frederick, except for general
property taxes of the Town of Frederick which shall
become effective on January 1 of the next succeeding year
following passage of the Annexation Ordinance.
effective date of the Annexation Ordinance, the
petitioners will request that zoning be granted by the
Town of Frederick.
9. That in the event an Annexation Agreement satisfactory to
both the petitioners and the Town of Frederick, Colorado,
is not entered into and fully executed on or before the
date of adoption of the Ordinance to effectuate the
annexation contemplated in this Petition for Annexation,
the petitioners may withdraw their signatures from this
Petition for Annexation, the effect of which shall be as
if no petition had ever been executed and filed with the
Town of Frederick.
Therefore, your petitioners respectfully request that the Board of
-Trustees of the Town of Frederick, Colorado, approve the annexation
of the area proposed to be annexed.
Whenever from the context it appears appropriate, each term stated
in either the singular or plural will include the other, and
pronouns stated in either the masculine, feminine or the neuter
gender will include each of the other genders.
4
Name Stromquist Farms. A Colorado Partnership
Address 12189 Oxford Road, Longmont, Colorado 80501
Legal Description See Exhibit A
STATE OF COLORADO,
COUNTY OF WELD.
by
ss.
S//bM 4l%
Cyr
•�i✓fL A.D
Subscribed and sworn to before me this I t day of 191.
LLiLA -41A
&A ‘5 nr C,u /4.
Witness my hand and official seal. I
My commission expires: I I M
STATE OF COLORADO,
) ss.
COUNTY OF WELD.
The undersigned, being first duly sworn upon his/her oath, states: that he/she was the
circulator of the attached petition for annexation, and that each signature therein is the signature of the
person whom it purports to be.
by
annt& ../Aam
Subscribed 4nd sworn to before me this I4'*day of l e efAittan A.D. 19 a q,
RE ftnati,. / .04„
Witness my hand and official seal.
My commission expires:
a:Vredenc.anxV8. Op
THIS AGREEMENT, made and entered into this
January , 1-9 qq , by and between the TOWN OF
municipal corporation, hereafter referred to
Stromquist Farms , or their successo
hereafter referred to as ANNEXORS.
WITNESSETH:
12 day of
FREDERICK, a
as TOWN, and
rs or assigns,
WHEREAS, ANNEXORS have applied to TOWN for annexation of
certain zeal property owned by ANNEXORS, to wit:
See legal description in Exhibit A attached hereto and
made a part hereof, and
-WHEREAS, the TOWN wishes to control its growth in a planned
-and orderly fashion, maintaining and improving quality of life and
the TOWN's ability to provide and enhance environmental amenities,
services and local opportunity for its citizens; and,
%WHEREAS, ANNEXORS wish to develop the subject property for
nses compatible with its objectives and those of TOWN; and
-WHEREAS, the parties mutually recognize and agree that it. is
necessary and desirable for orderly development that the TOWN be
the source of necessary urban services for property to be
-developed, such as police protection, and local government
administration, and further agree that it is in the public interest
of the parties hereto to enter into a written agreement as to the
-overall plan of development, including location and dedication of
-public ways and public areas, zoning, dedication of water rights,
and location and payment regarding roads, utilities and other
improvements;
NOW, THEREFORE, in consideration of the foregoing covenants,
promises and agreements of each of the parties hereto, to be kept
and performed by each of. them, it is hereby declared:
1. BASIC INTENT. The intent of this agreement is to set
forth the basic requirements for annexation and development. of the
property described above. This agreement shall be binding upon the
parties and may not be modified except by further written
agreement.
2. DEVELOPMENT. The property annexed shall be developed in
general conformity with TOWN subdivision regulations, building
codes and other applicable statutory and local requirements.
3. MUNICIPAL SERVICES. As a result of the annexation of the
subject property, TOWN agrees to provide the property with the
usual municipal services in accordance with this agreement, and the
ordinances and policies of the TOWN, and the development plans for
the property, which services shall include, but are not limited to,
police protection, and all other services customarily and currently
provided by the TOWN. TOWN does not provide sanitation services or
fire protection services, not at this time does it provide water
utility, electrical or natural gas service to the area to be
annexed.
10
3._ The _0w; ac:ees that use of munlcioa_ serTces in
outlying areas is not always economically feasible. Therefore, the
TOWN agrees to allow and to assist ANNEXORS in obtaining service
from other entities in such outlying areas. Such non -municipal
entities include United Power and Left Hand Water district. The
TOWN also agrees to allow the formation of a special district or
special districts affe
cting all or part of the property as well as
other properties, as a means of financing the construction and
installation of infrastructure, and TOWN shall take any action
reasonably necessary to assist and cooperate in the formation of
such districts. TOWN agrees that ANNEXORS may use septic systems
approved by the Weld County Health Department until sewer lines for
the St. Vrain Sanitation District are within 400 feet of the septic
system user's building.
3.2 ANNEXORS acknowledge that an Intergovernmental
Agreement exists between the TOWN and the Frederick Area Fire
Protection District. ANNEXORS agree that upon annexation to the
TOWN they will immediately petition the Mountain View Fire
Protection District to be excluded from that district and upon such
exclusion will immediately petition the Frederick Area Fire
Protection District to be included in that district.
4. PUBLIC IMPROVEMENTS. All public improvements, including
but not limited to water distribution, sewage collection, gas and
electric service, storm drainage, streets and sidewalks, street
lights, street signs, and fire hydrants, shall be constructed to
-TOWN standards or, where applicable, to the standards of the
utility providing the service. Water, sewer and electric lines
shall be sized to provide for development of the property and
ANNEXORS may be required to contribute to the cost of reasonable
over sizing for future development subject to reimbursement by
TOWN, future developers and/or users.
5. COSTS. ANNEXORS agree to pay to TOWN $ 500.00 as an
annexation fee and to reimburse the TOWN for any professional fees
or publication costs in excess of the $ 500.00
Z. WATER. Pursuant to Section 15-6 of the Frederick
-Municipal Code, the ANNEXORS shall deed and transfer to TOWN at the
time building permits are issued, the required raw water, and/or
pay the TOWN in lieu thereof the cash equivalent for the parcel for
which the building permit is issued. The TOWN agrees that the
water requirement can include water that will not be treated but
will be used for irrigation of open space and landscaping. The
ANNEXORS agree that the raw water provided to TOWN shall be
Colorado Big Thompson water.
6.1 If a water supply other than the water supply
provided by the TOWN is used, then the ANNEXORS shall comply at the
time of development with that water supplier's requirements
instead. No raw water or cash -in -lieu shall be required for any
lands dedicated for public use or open space.
7. LAND DEDICATION. The ANNEXOR shall deed to the TOWN a
maximum of twelve per cent (12%) of the gross land annexed for
public sites, or pay an equivalent fee in lieu of land if the TOWN
determines there is no need for land for public purpose within the
11
area _ '. annexed, or a combination of both. The amount and
location of lands to be conveyed shall be mutually agreed upon.
Since public sites are chiefly necessary to provide amenities and
-services to residential areas, the TOWN may conduct special review
-of areas to be annexed for business and industrial use, and reduce
or waive land or cash donation requirements for those
nonresidential areas to the extent the Board of Trustees determines
appropriate.
The ANNEXOR further shall reserve and dedicate to the TOWN all land
necessary to provide utility easements, drainage, and streets and
roads to assure adequate circulation of vehicles and pedestrians,
and to assure conformance with existing and proposed streets and
roads.
-The time for payment of land dedication fees or the transfer of
land to the TOWN will usually be required at the time of final plat
approval. The TOWN, however, reserves the right to require that
land dedication fees or transfer of land be made before final plat
approval in order to facilitate capital improvement projects that
the TOWN or any of its cooperating service districts may undertake
in the annexing area.
7 1 LANDSCAPING. ANNEXORS further agree that a
landscaping plan meeting TOWN specifications shall be included as
part of any subdivision final plat.
8. ZONING. Within 90 days of the effective date of the
annexation ordinance, the TOWN will commence public hearings to
establish zoning for the property.
9. BREACH. If at any time the TOWN or ANNEXORS breach this
agreement, the aggrieved party may seek any available remedy at law
or equity and the prevailing party shall be entitled to recover its
reasonable attorney's fees.
10. COOPERATION. Each of the parties hereto does agree to
take such steps and execute such documents as may be necessary to
effectuate the spirit and terms and performances called for under
this agreement.
11. BINDING. It is understood and agreed between the parties
hereto that this agreement and the terms and conditions herein are
hereby incorporated and made a part of the Annexation Ordinance and
shall be binding upon the heirs and assigns of the ANNEXORS and any
third person acquiring any interest in the subject property, and
shall run with that land until all of said land has Final Plats
approved and recorded and all conditions of this contract have been
met to the satisfaction of the TOWN. ANNEXOR's responsibilities
shall end with respect to all or any portion of the property sold
by ANNEXORS at such time as the purchaser affirms in writing in the
purchase contract or in a separate instrument its agreement to
perform those responsibilities. In the alternative, purchaser's
acceptance of a deed specifically made subject to this Annexation
Agreement shall constitute affirmation by the purchaser.
12
12. RECORDING. This agreement shall be recorded by the TOWN
in the office of the Clerk and Recorder of Weld County, Colorado.
1NNEXORS "TOWN OF FREDERICK
Mayor
ATTEST:
Town Clerk
13
Exhibit A
STROMQLIIST ANNEXATION -ND. 2
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE
NORTHWEST IIUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE
6TH PRINCIP-AL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED -AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 22, WHENCE THE SOUTH
QUARTER CORNER THEREOF BEARS NORTH 8954'46" EAST 120.00 FEET; THENCE SOUTH
00°04'32" WEST 29.00 FEET; THENC-E NORTH 89°54'46" EAST 119.OOREET; THENCE
SOUTH 00°04'32" WEST 1.-00 FEET; THENCE SOUTH 89°54'46" WEST124.00 FEET;
THENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE SOUTH 89°54'46" WEST 591.00
FEET; THENCE NORTH 00°04'32" EAST58.00 FEET; THENCE NORTH 89°54'46" EAST
591.-00 FEET; THENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE NORTH 89°54'46"
EAST 124.00 FEET; THENCE SOUTH 00°04'32" WEST 1.00 -FEET; THENCE SOUTH
S9°54'46" WEST 119.00 FEET; THENCE SOUTH 00°04'32" WEST 29.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.799 ACRES MORE OR LESS.
°:\sirom2.leg\1.°p
LEGAL DESCRIPTION
A tract of land situated, lying and being in the -Counts of
Weld, in the State of Colorado, described as follows:
STROMQUIST-ANNEXATION NO. 2
LEGAL DESCRIPTION
ATRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22 AND THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 68 WEST OFTHE
6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT -A POINT ON THE SOUTH LINE OF SAID SECTION 22, WHENCETHE SOUTH
QUARTER CORNER THEREOF BEARS NORTH 89°54'46" EAST 120.00 FEET; THENCE SOUTH
00°04'32" WEST 29.00 FEET; THENCE NORTH 89°54'46" EAST 119.00 FEET; THENCE
SOUTH 00°04'32" WEST 1.00 -FEET; THENCE SOUTH 89°54'45" WEST 124.00 FEET;
T -HENCE NORTH 00°04'32" EAST 1.00 FEET; THENCE SOUTH 89°54'46" WEST 591.00
FEET; THENCE NORTH 00°04'32" EAST 58.00 FEET; THENCE NORTH 89°54'4B"EAST
591.-00 FEET; T -HENCE NORTH 00°0432" EAST 1.00 FEET; THENCE NORTH 89°54'46"
EAST 114.00 FEET; THENCE SOUTH 00°04'32" WEST 1.00 FEET; THENCE SOUTH
89°54'46" WEST 119.00 FEET; THENCE SOUTH 06°04'22" WEST 28.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.799 ACRES MORE OR LESS.
14
ANNEXATION IMPACT -REPORT
Stromquist Annexation
(A) Please see the attached Concept Plan Map for the following information:
Present and proposed boundaries -of the municipality in the vicinity -of theiproposed
annexation.
' The present streets, major trunk water mains, sewer interceptorsandsutfalls, other
utility lines and ditches, and the proposed extension of such -streets and utility lines in
the vicinity of the proposed annexation.
The existing and proposed land use pattern in theareas to be -annexed.
(B) A copy of the annexationagreement will be forwarded upon Teview by the Town.
(C) The Town 'of Frederick will not be providing the -Stromquist Annexation with utilities. Left Hand
Water District will provide the -water taps, there will be septic sewersystems, it will teserved
by Mountain View Fire ProtectionDistrict, U.S. West will provide phone service, United Power
will provide -electric andT'ublic Service Company will provide gas service (see -attached
correspondence from Left Hand Water District).
(D) The financing of all utility extensions will be the responsibility of the -developer.
(E) The Stromquist Annexation is within the following districts:
Northern Colorado Watertonservancytistrict (see attached letter)
Saint Vrain Sanitation District (see attached letter)
Left -Hand Water District (seeattached letter)
Mountain View Fire Protection District
(F) Depending on the density at which the Stromquist Annexation is developed, there will be
between 60 and 250 single family dwelling units. Based on these numbers, the Saint a /rain
School District may be impacted by the following number of students:
(.350) K -through 5th
(.140) Middle School
(.170) Sr. High School
= 21— 88 students
= 9 -35 students
= 11 - 43 students
(.650) Total Children = 39 - 163 students
•b npclmt.spnl9.Op
December 5, 1994
LEFT BAND WATER DISTRICT
Mr. Luke Stromquist
•Stromquist Farms
12189 Oxford Road
Longmont, CO 10501
Re: SW; AA Sec 21 and £'d Sec 20, 12N, t69W
Dear Mr.'stromquist
This letter is in reply to your tap request ni 39S,
dated November 18, 1994, for water service to be plazti4e
by Left Hand Water District.
Your tap request has been reviewed by our engineer. The
findings are as _follows:
One mile of 13" upgrade on WCR 7 from WCR S to WCR 1a is
necessary for full buildoutof 250 taps or completion of
the trunk line planned by District on.Righway 32 tram
S3th St. -to 115th St. DR for b0 taps without upgrade
once proposed WCR 7 water linc is complete (this must be
done for 250 taps, also) .
A fire flow of 10_00 gpm @ 20 psi residual pressure is
awed -labia.
Thank you for your interest In Left Hand Water District.
If you need any -further intonation, -please contact us
and we will be happy to help you.
Sincerely,
Jamesid. Dickey
General -Manager
P.O. Box 210 • Niwot CO • S0544 • (303) 5304200 Fax (303) 330-5252
NORTHERN COLORADO WATER CONSERVANCY _DISTRICT
P.O. Box 679 Lowland. Colorado 80539-0679 1250 North Wilson
Phonc (303) 667-2437 FAX (303) 663-6907
DIRECTORS
BOULDER COUNTY
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La R5B....
LaatEA COUNTY
MileApOri
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WELD COUNTY
Ras E B.Y1.L.
Ems Beal
W A -Fey
WASHINGTON AND
MORGAN COUNTIES
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LOGAN COUNTY
SEDGWTOC COUNTY
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OFFICERS
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Pddau
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Kw Peden.
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Sean
D..iD. ZJ++Ie -a
Insure
a..' Engines.
LEGAL COUNSEL
Hebb.. ism N Raley. TG
Ins Shaman Stan
Sin 1300
Dana. Gigantic 80203
CONSULTANT
/ IL Saida
December 1.1994
Ms. PamelaFranch
Planning Technician
Rocky Mountain Consultantc, Inc.
70 -Florida Avenue
Longmont. _Colorado 80501
Dear Ms.Franch:
As requested. this letter is -written confirmation that -the legalidescription you
have submitted Tor the Stromquist annexation to the Town ofFsederickls within
the boundaries of the Northern Colorado WaterionservancyDistrict.
If further information is needed. please let me know.
Yours very truly,
99104.)
Marilyn_L. Conley
Head, Allotment ContractsDepartment
cpa
(303) 776-9570
cSE. gzair cSarziiaEiorz �< Ltid
(Saink -S-an)
December 20, 1994
Ms. Pam Frank
Rocky Mountain Consultants, Inc.
700 Florida Avenue
Longmont, _Colorado £0501
515 Kimbark Street
Suite 109
P •cgmartt. CC,` Sc o,
J
Re: Sewer Service to Stromquist Property located in Sections 20 and 21,
Township 2 North, Range 68 -West of the ah _Prime Meridian, Weld
County, Colorado
Dear Ms. Frank:
Referenced property is within fit. Vrain Sanitation District, but sewer •
service has not been extended -to this property at -this time. In order to
serve, the owner or developer -would have to enter into a line _extension
agreement wherein he would extend the line, and would be partially or
completely paid back over tine as others develop or 'connect, including the
cost of any -over-sizing that might -be required.
There are two routes that should -be consideredss shown on Attachment No.
1. The _first runs two -miles south along WCR-7 ar3 Wal-20, then approxi-
mately onehalf mile southwest to the Stranquist property. There has been,
and is, sane development interest along this route, but it has -not been of
a magnitude to finance this line extension to -date.
The -second route -follows boulder Creek. -There is strong development
interest along the -south side of St. Vs-ain Creek, subject to ongoing effort
to expand the Weld 'County I-25 Mixed Use tevelopment Area to accommodate
the development planned in various gravel mining reclamation plans as well
ascontiguous development. This route offers the opportunity, again subject
to Weld County approval of expansion of the I-25 Mixed Use Development Area
in its Comprehensive Plan, to jointly _finance at least one-half of this
route.
In order to pursue either of these options, I will need to know:
a. When development is -wanted -- earliest n latest date.
b. Type and -magnitude of development.
c. Whether Stranquists will commit to the _financial obligations of
the best line extension -plan I can put together. This could cost
anywhere from 5200 - 400,000, depending upon whether other
developers are ready to proceed within the same time period and
the portion of the route -that benefits other developer(s).
Ms. -Pam Frank
_December 20, 1994
_Page 2
d. Whether Strarquists are ready to eamit the planning funds
mired by the District to undertake this -effort, estimated at
$1,000.
I hope this meets your needs. Please give me a call if you have any
questions.
Very truly yours,
ST. VRAIN -SANITATION DISTRICT
By J►. 7l. / 44c—
. D. Lawson, P.E.
Manager
LDL:mcj
Attachments:
(1) Line Ext-ension -touting alternative
TRANSAMERICA TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No.: 8034941
1. Effective Date: August 15, 1994 at 7:00 A.M.
2. policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy
Proposed Insured:
Stromquist Farms, a Colorado Partnership
B. ALTA Loan Policy
Proposed Insured:
$ 500,000.00 $1,194.75
3. -The estate or interest in the land described or referred to in this
commitment and covered herein is fee simple and title thereto is at
the effective date hereof vested in:
Stromquist Farms, a Colorado Partnership
4. The land referred to in this commitment is described as follows:
WLC/JYS/j-d
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
_TRANSAMERICA TITLE INSURANCE COMPANY
By Wanda L. Calhoon
Authorized Signature
_Issued: August 25, 1-994
TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.: Ea034S41
SCHEDULE A — Continued
_LEGAL DESCRIPTION
That part of the SW1/4 of the NE1/4 of Section 21 lying West -of the
County Road;
A triangular tract of land in the Southwest corner of the SW1/4SE1/4 of
Section 21, being all that part of the SW1/4 of the SE1/4 of said Section
21 lying West of the County road.
The S1/2 of the NW1/4 of Section 21;
The SW1/4 of Section 21;
EXCEPT that part lying West of the County Road which suns in a
Northeasterly Southwesterly direction and parallel to the railroad,
AND EXCEPT that tract conveyed to School District No. RE -17 in Deed
• _recorded in Book 553 as Reception No. 1474774;
The SE1/4 of the NE1/4 of Section 20;
The NE1/4 of the SE1/4 of Section 20;
all in Township 2 North of Range -68 West of the 6th R.M., County of Wald,
State of Colorado.
P -age 2
TRANSAMERICA-TITLE INSURANCE COMPANY
Commitment No.: $x34941
SCHEDULE -A - Continued
REQUIREMENTS
The following ere the requirements to to complied with prior to the
issuance of said policy :r policies. Any other instrument recorded
subsequent to the date hereof may appear as an exception under schedule B
of the policy to be issued. Unless atherwise noted, all -documents must
to recorded an the office cf the clerk and recorder of the county in
which said property is lccat-ed.
NOTE:
PURSUANT TO SENATE BILL 91-14 (CRS 1D-11-122) THE COMPANY MILL NOT
-ISSUE -ITS POLICY DR POLICIES OF -TITLE INSURANCE CONTEMPLATED BY THIS
COMMITMENT UNTIL IT HAS-BEEN PROVIDED A CERTIFICATE OF TAXES DUE DR
OTHER EQUIVALENT DOCUMENTATION FROM SH£ COUNTY TREASURER -OR THE
COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED -INSURED
HAS NOTIFIED DR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
Page 3
TRANSAMERICA TITLE INSDRANCE COMPANY
Commitment No.: 51134941
SCHEDULE £
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are -disposed of to the satisfaction of the
Company_:
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims o₹ easements, not shown by the public
records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which -a correct survey and inspection
of the premises would disclose and which are not shown bytthe
public records.
4. Any lien, -or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water -0r sewer service, or for any other special
taxing district.
INote-
PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) NOTICE IS -HEREBY GIVEN
THAT -
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING
DISTRICT;
(B) A CERTIFICATE OF TAXES DUE 'LISTING EACH TAXING JURISDICTION
SHALL R£ OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY
TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF
SUCH DISTRICTS MAY BE OBTAINED FROM THE -BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK AND RECORDER, DR THE COUNTX
ASSESSOR.
Page 4
TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.: 6034-941
SCHEDULE H - Continued
EXCEPTIONS
7. oil and gas lase betweren Milton H. Nelson and Helen C. Nelson and
The Anschutz Corporation, Inc., recorded November Ti, 1970 in Book
636 as Reception No. 1558072, and any interests therein or rights
thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS J8-42-106, by Amoco
Production Company, recorded November 21, 1977 in Book
814 as -Reception No. 1736476.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS J8-42-106, by Amoco
Production Company, recorded December 2, 1977 in Book
815 as Reception No. 1737474.
-8. might of way for telephone and telegraph lines as granted to
Mountain States Telephone and Telegraph Company by instrument
recorded May 7, 1930 in Book 894 at Rage 188, said right of way
being of an indeterminate width upon and along all roads, streets
or highways in the SE1/4 of the NW1/4 and the NEl/4 of the SE1/4
of said Section 21.
9. Easements and/or rights of way as granted in instrument recorded
February 29, 1928 in Book 818 at Page 3-08, the location of which
is more particularly described therein.
10. Easements and/or sights of way as granted to Rural Ditch Company
in instrument recorded _June 8, 1922 in Book 672 at Page 366, the
location of which is more particularly described therein.
11. Easements and/or rights of way as granted to Rural Ditch Company
in instrument recorded _June S, 1922 in Book 672 at Page 366, the
location of which is more particularly described therein.
12. Right of way for railroad as conveyed by deeds recorded in Book B6
at page 130 and 13-6, said right of way to be 100 -feet wide with
the further right to erect and maintain snow fences within ID0
feet of said right of may, said right as contained in the deeds
above cited.
13. The Delehant Ditch and rights of way therefor, as evidenced by
various instruments of record.
Page 5
TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.: 8034941
SCHEDULE B - Continued
EXCEPTIONS
14. Any question, dispute cr adverse claims -as to any lass or -gain of
land as a result of any _change in the river bed location by other
than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, tank, channel or flow of
waters in the Idaho Creek lying within subject Land; and any
question as to the location of such center thread, bed, bank or
channel as a legal description monument or marker for purposes of
describing or locating subject lands.
NOTE: There are no documents in the land records of the office
of the Clerk and Recorder of County of Weld, accurately
locating past or present location(s) of the center
thread, bank, bed or channel of the above Idaho Creek or
indicating any alterations of the same as from time to
time may have occurred.
as. Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, the United States of America, or the
general Public, which exist, have existed, or are claimed to exist
in -and over the waters and present and past bed and banks of Idaho
Creek.
16. Entire grantors interest in all oil, gas -and other mineral rights,
as reserved by The -Great Western Sugar Company in the Deed to
Stromquist Farms, a partnership recorded October 30, 1978 in Book
849 as Reception No. 1771297, and any interest therein or rights
thereunder.
(Affects Part of N1/2SW1/4 of Section 21)
17. Entire grantors interest in all oil, gas and other mineral rights;
as reserved by Edith Ann Jillson, Charla Rae Jillson, Muriel Ann
Jillson Hardy, individually and Guardian of the EstateofTammy
Lynn Jillson, a minor in the Deed to Arthur Stromquist, Lucy
Stromquist and Luther Stromquist recorded July 26, 1916 in Book
772 as Reception No. 1694447, and any interest therein cr rights
thereunder.
(Affects SW1/4SE1/4 of Section 21, lying West of the County Road)
18. Terms, agreements, provisions, conditions and obligations as
contained in Surface -Facility Grant by and between Stromquist
Farms, a partnership and -Basin -Exploration, Inc. and Basin
Operating Company recorded September 21, 1992 in Book 1351 as
Reception No. 02304155.
(Affects SW1/4NW1/4 of Section 21)
Page 5
TRANSAMERICA-TITUE INSURANCE COMPANY
_Commitment No._: 8034941
SCHEDULE B - Continued
EXCEPTIONS
19. Easements and/or sights of way as granted to Associated Natural
Gas, Inc., a Colorado Corporation in instrument recorded December
17, 1992 in Book 1363 as Reception No. 02314934, the location of
which is more particularly described therein.
20. Easements and/or rights of way as -granted to Vessels Oil and Gas
Company, in instrument recorded April 25, 19B5 in Book 10-66 as
Reception No. 02007201 the location of which is more particularly
described therein.
(Affects Section 21)
21. Terms, agreements, provisions, conditions and obligations as
contained in Agreement regarding Sand and gavel Mining and
Augmentation Plan pertaining thereto recorded April 7, 1983 in
Book 993 as Reception No. 1922-828.
22. Terms, agreements, provisions, conditions and obligations•as
contained in Notice of lease -by and between Stromquist farms, a
Colorado General Partnership and Fronti-er Materials, Inc., a
Colorado corporation recorded April 1, 19-82 in Book 954 as
Reception No. 188747-4.
23. Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of plat Site Lease tilt and between Arthur
Stromquist, Lucy Stromquist, and -Luther Stromquist and Frontier
Sand & Gravel Inc., a/k/a Frontier Sand & Gravel to., a Colorado
corporation recorded June 10, 1991 in Book 13'01 as ReceptionSio.
02252755.
24. Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Sand and Gravel tease and _Option to
Purchase by and _between Arthur Stromquist, Lucy Stromquist and
Luther Stromquist and Frontier Materials, Inc., a Colorado
corporation recorded June 14, 1991 in Book 1301 as Reception No.
02253325.
25. Terms, agreements, provisions, conditions and obligations as
contained in Map recorded October 12, 1983 in Book 10110 as
Reception No. 1943296.
26. Mortgage, Deed -of Trust, Assignment of Rents, Royalties,
Production, Security Agreement and Financing Statement, recorded
June 13, 1986 in Book 111-6 as Reception No. _02_057163.
P -age 7
TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.: 8034941
SCHEDULI B - Continued
EXCEPTIONS
27. Deed of Trust from Stromquist Farms, a partnership and Arthur
Stromquist and Lucy Stromquist and Luther Stromquist to the Public
Trustee of the County of Weld for the use of The Federal Land Bank
of Wichita to secure $1,300,000.00 dated July 27, 1981, recorded
September 14, 1961 in Bock 947 as Reception No. 1866852.
NOTE: Reamortization Agreement recorded February 25, 1988 in
Book 1185 as :Reception No. 02132019, given in connection
with the above Deed of -Trust.
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are -general and do not necessarily
give notice -0f underground facilities within the property.•
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 187D7105.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 19-89 in Book
1229 as Reception No. 2175917.
(d) -Western Slope Gas Company, recorded March 9, 1983 in Book 990
as Reception No. 1919757.
(e) Panhandle Eastern pipe Line Company, recorded June 26, 198-6
in Book 1117 as Reception No. 205-8722.
(f) United Power, Inc., formerly Union -Rural Electric
Association, Inc., recorded January 24, 19-91 in Book 1288 as
Reception No. 02239296.
Page 8
Transamerica Title Insurance Company
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TRANSAMERICA
TITLE INSURANCE
CONDITIONS AND STIPULATIONS
Please read xarefully
I. This is a Commitment to issue one in more policies of title insurance in-ourStandard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any changes in -the transaction, order an
amendment from us.
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should -be ordered from us if they are
needed.
FORM N0.C-5000-1
- FOR USE WITH COLOR NCO REC.:CN AMERICAN LAND TITLE ASSOCIATION OWNER -5 PDLICY-FORM e- 1970 (AMENDED 10.17-701
SCHEDULE A
Amount of Insurance S 1-4 ,250.00
Date of Policy April 23, 1975
8:00 J.M.
Policy No. 25,003,994-0
Order No.
1. Name of Insured:
ARTHUR -STROMQUIST AND LUCY STROMQUIST, AND LUTHER -STROMQUIST
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of -Policy vested in:
ARTHUR STROMQUIST, LUCY STROMQUIST AND LUTHER STROMQUIST, in fee
simple, as tenants in common.
Steet 1 of 3
FORM NO. C-6000-2
COR USE WITH COLORADO RECION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 IAM S7CD '0.17/70)
FOR USE WITH COLOrADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM 6-1970 (AMENDED 10-17.701
SCHEDULE A —Continued
Policy No. 25,003,994-0
Order No.
The land referred to in this policy is situated in the State of Colorado, County of
, and is described as follows:
Weld
PARCEL 1
All that portion of the Si of the SWk, Section 21
North, Range 68 West of the 6th P.M., WELD COUNTY
East of the West right-of-way of the C. B. & Q Ra
West of the East -right-of-way of the County Road;
East line of said Section.
PARCEL 2
, Township 2
, COLORADO,
iiroad and,
along the
All that portion of the NE} of the NEi-ofSection 29, Township
2 North, Range 68 West of the 6th P.M., WELD COUNTY, COLORADO,
in the NE corner lying East of said railroad right-of-way, West
of said County Road, and -North of the centerline of the lane
leading into the farm.
PARCEL 3
A tract of land in the Southeast corner of Section 20,
Township 2 North, Range 68 West of the 6th_P.M., WELD COUNTY
COLORADO, being all of that portion of the SEi of the SEs of
said Section 20 lying East of the East right-of-way of the C.B.&
Q Railroad.
FORM NO. C-5000-3
fOR USE WITH COLORADO REGION AMERICAN LANOTITLE ASSOCIATION OWNER "S POLICY -FORM 6- 1970 ;AMENDED 10.17.701
SCHEDULE B
Policy No. 2B ,D 03 , 9-94-0
Order No.
This Policy does not insure against loss or damage.y reason of the following:
1. nights or claims»f parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor•
rect survey and inspectionxif thepremises would disclose and whichare not shown -by the public records.
4. Any lien, orright to a lien, for services, labor, or material heretoforextr hereafter furnished, imposed by
law and not shown by the public records.
S. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
C. Rights of way for county roads 30 feet wide on either side of section
and township lines, as established by Order of the Board of County
Commissioners for Weld County, recorded October 14, 1S89 in Book €6
at Page 273, Weld County Records.
7. The _Farmers No. 3 Reservoir and a right of way therefore as evidenced
by Map riled June 1, 1910 under Reception No. 1-5-7.40, Meld County ,Record
8. The right, _privilege and authority to construct, operate and maintain
lines of telephone and telegraph as granted to the Mountain States
Telephone and Telegraph Company by instrument recorded April 21, 1930
in Book 894 at Page 383, Weld County Records.
NOTE: Exact location is not disclosed of record. (Affects Sec. 21)
9. The DeLeHant Ditch and a right of ivay therefore as evidenced by instru—
ment recorded September 17, 1934 in Book 9-65 at _Page 485, Weld County
Records_,
10. An undivided 1 of all minerals and nineral rights in, upon and under
said lands for a period of 25 years from and after May 12, 1-944, and
as long thereafter as there is production or the premises are being
operated or developed as reserved by Yederal :Farm Mortgage Corporation
in the Deed record-ed September 125, 1944 in Book 11-41 at Page 367, Weld
County itecords, and any and all assignments thereof or interest therein.
11•. Right of -way for ditches or canals constructed by the authority of the
United States as reserved in the Patent recorded May 15, 196B in Book
•594 under -Reception No. 1516485, Weld County Records..
12. Oil and Das S, -ease dated August 15, 1970 between Milton H. _Nelson and
Helen C. N-elson, lessors, and the Anschutz Corporation, lessee, for a
primary term of 10 years, recorded November 27, 1970 in Book 696 under
Reception No. 1-553072, Weld County Records, and -any and 211 assignments
thereof or interest therein.
1-3. Existing railroads and a right of way therefore.
FORM NO. 2-6000-2
FOR USE WITH COLORADO REGION AMERICAN LAND -TITLE AssCC>RI.OH LOAN POLICY 1970 (AMENDED 10-17-TO1
FOR USE WITH COLOR -WO REGION AMERICAN LAND TITLEaSSOCIATIONtWNERS POLICY -FORM B-1970 (-AMENDED 10-17.701
Policy No. 25,003,994--0
Order No.
SCHEDULE -8--Continued
14. An undivided 1/2 interest in and to all oil, -gas and other
hydrocarbons underlying said premises for a period of 15 years
from this date, and in the event there is commercial production
of ocil, gas or other hydrocarbons at the expiration of said 15 -
year period, such reservations shall continue until the end of
such commercial production.
15. weed of Trust from Arthur Stromquist, Lucy Stromquist, and Luther
Stromquist to the Public Trustee of Weld County f -or the use of
-Hilton H. Nelson and Helen C. Nelson to secure 510,120.OD dated
April 7, 1975, recorded April 17, 197Z in look 738 as R-eception
No. 1658352. Has been released
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