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HomeMy WebLinkAbout981936.tiff CLANAHAN, TANNER,DOWNING AND KNOWLTON„P.G. ;., . .. ATTORNEYS AT LAW 1600 Broadway, Suite 2400. "' ' I 7 ' ^' ' `) Denver,Colroado 80202-4924 fames R.Waite Telephone: (303)830-9111 Facsimile: (303)830-0299 TO Ti ' June 15, 1998 Via Registered Mail To the Persons and Entities on the Attached Distribution List Re: Annexation by the Town of Lochbuie of Two Portions of Section 35, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado Ladies and Gentlemen: Enclosed please find the documentation required under statute to be delivered in connection with the above referenced annexation. Please feel free to contact me at the number listed above with any questions or comments you may have. Yours Very Truly, ames R. Wait Enclosures n C.fl cm , 301 /-/Lap 981936 Distribution List Board of County Commissioners Brighton Fire Protection District of Weld County, Colorado Business Office 915 10th Street, 425 South Main Street, Greeley, Colorado 80632 Brighton, Colorado 80601 County Attorney Aims Junior College District for Weld County, Colorado 5401 West 20th Street, 915 10th Street, Greeley, Colorado 80632 Greeley, Colorado 80632 Hudson Fire Protection District Weld County School District RE3J 310 Lilac Drive, 95 West Broadway, Brighton, Colorado 80601 Keensburg, Colorado 80643 Beebe Draw Water District Central Colorado Water District 1528 Wazee Street, 3209 West 28th Street, Denver, Colorado 80206 Greeley, Colorado 80631 Weld County Library District Administrative Office 2227 23rd Ave., Greeley, Colorado 80631 M11110 NEARING NO11Ci • Notice is tie ebv q'ren that the • ` tome Of bustoet 01 mo town of s - loanbule, 00101000. Pasted Inc lolowmq awluibn lc ping o hoonn0 to contuse. the annexe nn 04 mortal • tnown as 'Wet teat. Annexation Pare,'•I': I RtSOWit011 NO,r loot I1 t:a 1 WHEREAS.apeRNntorAmese00n I r Of celtCan DtOD*,p Mason'Paneon' 'k • hot00onaodwilnmevaoidolTrunoes of its town of Locnoue.and '• WNERFAS.Ine loold*,timM.tea levlewod me Petition:one WHEREAS. the eoord of autloel • wet to poem',m M e Claadion Of 1'y he Ila fueled 000elfvfolanne;OWnand i t WNfREAS.Ina Boole oltmoaetnet roNOwed the Pelmets and domes to ' wool by ROsdutlon Ilk Plana'wan zXel61. 'A' �' IeQal0 he 101 Volition, s NOW.THEREFORE.Do 0 raolvedbY Legs] Del CilpLiOn • 4�3 Me Doom Ut Thel001 a the fawn 01 ,' Looney*.Colaedo as lolowx IAnnenatl on Par o•1 No. 1) i,5 I. The bad ooscrlptloh of the { ploptM sought to be anheeod la the ¢ • lownaltoChbual:Oft0Chodhel0IOca r CAWA and ncotpotaled haw by t! Ietelence. `! 1 Ma Penton rot Annoialan.the J:: reelect of which 4 the gospels? LEGAL OESCRIPTPQN OF M1ya TO BE ANNEXED: Fuel' a IP the litIghtc OesctO Mwue Emma A.it in tYbslpnttm $Lend d ladOJuneb 1 S.l comolance wen C.R 6 cai.lt•IOtp). I ' That port of Section 35. Township 1 North, Range 66 West of the tlr.Wilt666 • 3.The toad of fiudoot wallow o I Sinn Pfinatpal Merrolan, W010 County Colorado described as: purest heating for me outpost or Beginning_of ms East one—Duoner Corner said Section 35, thence ;I, 00pmo nn0Nn 431.11104o at and SOO'I6!29-W along the Cost has Southeast one—quanta' said : ea.S.tameless with lC.C.R.S.5. 3ublic hatingid Section JS 0 Valance Ot 210.00 beet to the Try, point of :s wile.conaucfed atht5PPOWaiOlmr. Beginning, said Welt being. on the Town Limits he • of LOcNit, toeholds. c000de 10001. 01 the !hence continuing S00'1$'2SYW [Nona said Cost line and clang 1s ti btownp late and solo: said Town Limit,•of Iachbure 0 citric* of 1196.08 feet.,thence " • haaay.JMy F,1000.at 100 Pew. N$0'OO100•w porous; with the South lint Said Southeast one— 4.Any poison mere 00000101 Men. auoner o distance at 1,00 lest. thence N00'16'2P-E parallel • hooting onornesom evidence telae+e l with the COAL line sold Seutneest Ont—quarter 0 distant Of t" to me oi000:oa onnatafwn. '197.05 feet to o point 1,00 foot South of the Public Service 6 Uponcompbhon atlhenoOItp, 9 Company Right-ely;� the soaid at hwtoet Enaa;el lam byy. (hence Ner4T49'W Parallel with said 0. resolution Its Winos and concwfant I *19111—qf^way 0 0ia:ones of 210.00 feel to a point 1,00 foot West with braenco to the etplDtnv or the Of the Pupae Service Comounr Right-Of—way, thence N00.16'2rE Er; property defalbod In EATON?A tor puteNel with said Right-0i.-war0 alnDnCI of 211.00 feet to a •4 annexation,one whom*,me statutory poem on the South fine Northeast ant—auoner said 5ecbon 35, Roux emeriti' tot the ;Imposed . thence N0016'4rE PQ Qbr with laid Right-of—wayarta Parallel anna,allon nave boon mef. with TM Eett line Sald NoflheCel One-. ea IM00add ncntbaconcluonauoner of 1.00 feet at by Retolullon. that all slotutpiv 1974,27 feet, maxc 559'4319"CCompany o Right— 1.00 to p Ivouie't* Il navo Coen met oDd mot Paint on the Pupl•c Service Right—el—may, said Point Ins oio0ossa annm0non b pee*, being 210.00 feet west of Int SOSO line Northeast One—Quarter UndelmelawtofthtSleboOCda0do. .Said Section 35, mints S0016'41.W along sold Right—of—troyand the Beate Or lwtlou"lay P0O wheel parallel with the Cost lint foie Northeast one—cavorter a distance .45 Maleotauwneet mnetne MaetlaCl of 1974,27 feet to o pore: on the South Me sold Northeast Dm- ptopenrtotnelawnpltOcnpuw. Queries, thence S00'ta'29-w twang told Slight f way and 'It- 1. This doctan of ms bole of 9 9 O— TNnewtopmmmesut$CIWOPWlry •parallelOicta wan tit SCSI tine Southeast one-gumner said Section 33 1 ws:: ...:..ai;,aP. •w a-nawn of 0 Pistons at 71000 lett. intact S5742'4907 slang said R•ghl— p; the PT^'•flu••^^• ' -odoOhm of Of-way lint 0 aiP10n00 ol 'e110.00 fact to ins True Point M. • this Rosolu+lon cue. not Gaming Beginning. S loenbula la onnnt Me plopedr d 1, eK,budint,nlbe mp A.bulla .Hlntes Contains 0.06 Aor!S lucre a Pest tem moetN m b mai wt piew00a oats las ev exaction of the plepnten Basle Of Reorurgs: In, 5.44.40. one Southeast one-ouontef Section • annmofan 35. Tor mahl 1 Norm. Norge 66 Weal is assumed to Dew I' B. Mee artisan o+ the load el P wing to ohne.ma wait al womanN900P'00'w that DO tutted' to i00Otvo. %#the 001 entertain and cHv*,Y to the rat-n 01 an antO,anen optoo eni conlannq wen mires and conwlonl Cl are IOOYeea Dv the Town in In SCSI end abteule cicrelOn READ. MOVED. SECONDCD ANO AIrtlOVE01nc2nd dor or June.POOR TOWN Of LOCt40VR by:Gann000 Evwne.May*, AITESt: by Ronne Haildoy.Town Clips Anypoaonmay0000aof NKhhufrbip and p,otcnt owae0Ce upon any mails le DO dtiosmmud by the goy*,tiny Cady RESOLUTION NO, 978 SILVER PEAKS - ANNEXATION PARCEL #1 WHEREAS, a Petition for Annexation of certain property (herein "Petition") has been filed with the Board of Trustees of the Town of Lochbuie; and WHEREAS, the Board of Trustees has reviewed the Petition; and WHEREAS, the Board of Trustees wishes to permit the consideration of the subject property for annexation; and WHEREAS. the Board of Trustees has reviewed the Petition and desires to adopt by Resolution its findings with regard to the Petition. NOW. TIIF_REFORE, be it resolved by the Board of Trustees of the Town of Lochbuie, Colorado as follows: 1. The legal description of the property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A and incorporated herein by reference. 2. The Petition For Annexation, the subject of which is the property described in Exhibit A, is in substantial compliance with C.R.S. § 31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. § 31-12-104, and C.R.S.ys 31-12- 1O5. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado 80601, at the following time and date: Tuesday, July 7, 1998, at 7:00 p.m. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. 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 property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution. that all statutory requirements have been met and that the proposed annexation is proper under the laws of the 52822%016'A0010 9fi 9.�C aC6..«r/`v 44. -y- /999 EXHIBIT "A" Legal Description (Annexation Parcel No . 1) LEGAL DESCRIPTION OF AREA TO BE ANNEXED: That part of Section 35, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado described as: Beginning at the East one—quarter Corner said Section 35, thence 500' 16'29"W along the East line Southeast one—quarter said Section 35 a distance of 210.00 feet to the True point of Beginning, said point being. on the Town Limits of Lochbuie, thence continuing S00' 16'29"W along said East line and along said Town Limits of Lochbuie a distance of 1198.08 feet, thence N90'00'00"W parallel with the South line said Southeast one— quarter a distance of 1 .00 feet, thence N00'16'29" E parallel with the East line said Southeast one—quarter a distance of 1197.08 feet to a point 1 .00 foot South of the Public Service Company Right—of--way, thence N89'47'49"W parallel with said Right—of—way a distance of 210.00 feet to a point 1 .00 foot West of the Public Service Company Right—of—way, thence N00' 16'29" E parallel with said Right—of—way a distance of 211 .00 feet to a point on the South line Northeast one—quarter said Section 35, thence N00' 16'41" E parallel with said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet, thence S89'43' 19" E a distance of 1 .00 feet to a point on the Public Service Company Right—of—way, said point being 210.00 feet West of the East line Northeast one—quarter said Section 35, thence 500' 16'41"W along said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet to a point on the South line said Northeast one— quarter, thence 500' 16'29"W along said Right—of—way and parallel with the East line Southeast one—quarter said Section 35 a distance of 210.00 feet, thence 589'47'49" E along said Right— of—way line a distance of 210.00 feet to the True Point of Beginning. Contains 0.08 Acres more or less. Basis of Bearings: The South line Southeast one—quarter Section 35, Township 1 North, Range 66 West is assumed to bear N90'00'00"W. 9g/9.3' State of Colorado, the Board of Trustees may pass one or nor.: ordinances annexing the subject property to the Town of Lochbuic. 7. The decision of the Board of Trustees to annex the subject property will be entirely within the discretion of the Board of Trustees_ The adoption of this Resolution does not commit l.ochbuie to annex the property described in Exhibit A, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the subject property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 4 day of Cone , 1998. TOWN OF LOCHBUIE BY: b I94( 1. John Mattes, Town Manager 52822\016\00010 PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO, TO THE TOWN OF LOCHBUIE, STATE OF COLORADO (100% OF LANDOWNERS) TO THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF LOCHBUIE, COLORADO: The undersigned, in accordance with the Municipal Annexation Act of 1965. Chapter 31, Article 12, of the Colorado Revised Statutes, 1973, hereby petition the Town Council of the Town of Lochbuie for annexation to the Town of Lochbuie of the following described unincorporated territory located in the County of Weld. State of Colorado, to wit: SEE EXHIBIT A (Annexation Parcel No. 1) And in support of the said Petition, your Petitioner(s) alleges that: 1. It is desirable and necessary that the above-described territory be annexed to the Town of Lochbuie. 2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Lochbuie. 3. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie. 4. The territory to be annexed is urban or will be urbanized in the near future. 5. The territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie. 6. No land is 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 is divided into separate tracts or parcels without the written consent of the landowner(s) thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way. Signing this Petition shall constitute written consent by the landowner(s) to divide their property into separate parts or parcels. 7. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the Town boundary in any one year. 84504 2 969340 8. The entire width of any street or alley to be annexed is included within the annexation. 9. All requirements of C.R.S. § 31-12-104, as amended, and C.R.S. § 31-12-105, as amended, have been met. 10. The signers of the Petition comprise one hundred percent of the landowners in the area and own one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and of any land owned by the Town. 11. The mailing address of each signer, the legal description of the land owned by each signer, and the date of signing of each signature are all shown on this Petition. 12. Attached to this Petition is the Affidavit of the circulator of this Petition that each signature hereon is the signature of the person whose name it purports to be. 13. Accompanying this Petition are four prints of an 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. (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area be platted, then the boundaries and the plat number of plots and blocks are shown. (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Lochbuie and the contiguous boundary of the other municipalities abutting the area proposed to be annexed, if any. (e) The dimensions of the contiguous boundaries are shown on the map. Petitioner(s) hereby request(s) that the Town of Lochbuie approve the annexation of the area proposed to be annexed. PETITIONERS hereby constitute and appoint Karl Kasch our true and lawful attorney-in- fact on our behalf and in our names in all matters lawfully arising out of this Petition and in respect of any and all proceedings conducted in connection herewith by or before the Town Council of the Town of Lochbuie, County of Weld. 84504 2 9Yi93(.0 PETITION FOR ANNEXATION SILVER PEAKS HOLDINGS, LLC Y: Mariano DeCola, Manager MAILING ADDRESS: 790 Washington Street Suite 1401 Denver, Colorado 80203 DATE: May 28, 1998 &501.2 ggi936 EXHIBIT TO PETITION FOR ANNEXATION AFFIDAVIT OF CIRCULATOR IN RE THE PROPOSED ANNEXATION OF A PARCEL OF LAND DESCRIBED IN THE ATTACHED EXHIBIT A (ANNEXATION PARCEL NO. 1), LOCATED IN WELD COUNTY, COLORADO INTO THE TOWN OF LOCHBUIE, COLORADO I. MARIANO DECOLA, BEING FIRST DULY SWORN ON OATH AND DEPOSED, STATE AS FOLLOWS: That I am one of the Managers of the Petitioner named in the Petition regarding the proposed annexation of territory into the Town of Lochbuie; that I have read the Petition and know the contents thereof and that the same is true to the best of my knowledge, information and belief. Affiant further states that I know the persons whose names are subscribed to the Petition, that I have circulated the Petition, that each signature thereon is true, genuine, and a correct signature of the person it purports to be. Affiant further states that to the best of my knowledge and belief the persons whose names are subscribed to the Petition are persons who are qualified to vote in an election for the annexation of the proposed territory and who own taxable real or personal property within the area to be annexed. (IZriano DeCola Subscribed and sworn to before me this day o , 199/. My commission expires (j/2r?4.it )D4 PzfiC (3$18MOHNSTON i Notary Public r. I OFeO\-- 9k/e136, EXHIBIT "A" Legal Description (Annexation Parcel No . 1 ) LEGAL DESCRIPTION OF AREA TO BE ANNEXED: That part of Section 35, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado described as: Beginning at the East one—quarter Corner said Section 35, thence 500' 16'29"W along the East line Southeast one—quarter said Section 35 a distance of 210.00 feet to the True point of Beginning, said point being. on the Town Limits of Lochbuie, thence continuing 500' 16'29"W along said East line and along said Town Limits of Lochbuie a distance of 1198.08 feet, thence N90'00.00"W parallel with the South line said Southeast one— quarter a distance of 1 .00 feet, thence NOD' 1 6'29" E parallel with the East line said Southeast one—quarter a distance of 1197.08 feet to a point 1 .00 foot South of the Public Service Company Right—of- way, thence N89'47'49"W parallel with sold Right—of—way a distance of 210.00 feet to a point 1 .00 foot West of the Public Service Company Right—of—way, thence NOO' 1 6'29" E parallel with said Right—of—way a distance of 211 .00 feet to a point on the South line Northeast one—quarter said Section 35, thence N00' 16'41" E parallel with said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet, thence S89'43' 19" E a distance of 1 .00 feet to a point on the Public Service Company Right—of—way, said point being 210.00 feet West of the East line Northeast one—quarter said Section 35, thence 500' 16'41"W along said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet to a point on the South line said Northeast one— quarter, thence S00" 16'29"W along said Right—of—way and parallel with the East line Southeast one—quarter said Section 35 a distance of 210.00 feet, thence 589"47'49" E along said Right— of—way line a distance of 210.00 feet to the True Point of Beginning. Contains 0.08 Acres more or less. Basis of Bearings: The South line Southeast one—quarter Section 35, Township 1 North, Range 66 West is assumed to bear N90'00'00"W. 9Si936 • 3 f5 U 0 ! - r 0 i:iis €3?�j�i°s11s-ij.i;it& i.s 1 s I. f,' 11 IHIl S8i- i .d2S7i i 3z' s:iZ .8- itts;.+ is , I t _? hill O }'31T:3 53,.. ., ;? ?:3;' 3( } S I I iii,'1 s !.• ± r I i I-- e t _iii-,;4s>elsna iit 33,i_1 i, 'ii ? r {InUt 1 ₹I! s --11u sssl W d i!iiiiii3+ —Z j t._x, ]: i - 33 ti d i 3e !>rb = e '] - t t3 !8;'. ?3•i.;It , 3, ,i3 ,i '{ts;, •:i io= �I ti- gd� ] _T t f1 i8 s .e a 3ii s q I I.;'tl H - r-,,11t15 Si-i' 1111, gt12 r^ s > i> ; 3: i{153t ?3 1:.14 g-3 YI_:I_'�, p i M:- 112]Bt,i'ill 12'.0.1. a₹ is1 c iireit It Id!: .3t 1li,:i31 - s�. ... psi...... H n "i-r• $'i1+?i:'1.�3d?•.1,21 7;!:: s ?+ g3s `. ? ,ss ' ., 1 i][,is vi l CL 3 s 1;?1-si3si.a:]'fi2iats7d,, o i. '� i^ " il ls.l Y • a . ;3.i Iii i ti,it _ -._,_I=i Q i •ice., ? 341£ 'dd,ji.,1 3 i;8 a si 1 1 'U i YYV 3 ¢ "'.111.3 rl. 'lifil hilt Z I [ 18,dgtills.d-11 1 ?T.3 I on ; 3 iti 21i 3 : - °1: ?wt�l3ii�lie SSs tt#35133 l:1l.ii I fa: � 3i? f ?s,;` if 0 i- < x w z g i I__� - I I• L_ li - _ — I'Is•If•II . �.1,.-.....� - - - ..... ' :NFC's. ^ ,� 1.<.am -II <_ _ ci .I .o. n ..\ C I� (II III rsosi .., , :....ao, I 8 I!I �11 I .I o ` 4{i, I rl atIil z ilI. l' 11.3 ,- ''�4 `II s 3 Fl\\ :- : II I' I 3. .8I - ---- 3.I \ I' 8' 31I . II I, l_ ill 3 IreII: I = I NI 'II III . I I zll 3I I : I 1 tei 1,1 Z I 811 I I : I ?,I III 'II ___s__ —� ^— — �- — - - - -I— — — — — ill I:I II _ ;I III /III !Ls :%' I lil I sl b 1 d 1 ^ - iil 1 ,III I r Se / ' - '.\ I C . I. I ,"'IL h Qi 31 = i ill; lz n• .1 -i Iii I 7B Z- II I s' I : \ illI-al • j \ ! —\- C Mot. , ..).,2351- T ill q' !I \-a ., n ---.Z - ill - z III • NAM HEARING NOTICE • Notice 4 noway given In01 the Ioard of flusters* of Ina town el ' LOchbule. Colated°. pastaa ma Meowing tesouton'eningan.Qnngto FFEO8IT A contras Ina annexation el pwpNN Mown co 'Inc Foote• Ann ul:Mon LEGAL OGtf'RIPTIOEL • Parcel 12•• Wrothaie Lion Parcel N0. 2) . ' RESOLUTION NO. 5.1906 • ' WHIREAE a ratniOnIQI Annotation 1 '01 cumin properly(ndtaal'Peelan') • nmbeon Nato"Attune lOOrdalTwt1ON ALL gySEOTr5M is TOYwNSMIP1NCRtn AAMSF e4 roc ET Oe THE ITN WiWCWAE M[RIOWI,COUNTY OP v the town of LOChbWe.and 1egsD.614TE of COLORADO Wile(At maeeoiool trustees nos rov4wod In.Penton:one P CEDtPtt rNrnnFA0A1 A PARCEL 01 Urq tp01W EKo To PIN M SETWICE COw+MfrOP COLORAEO EN WHEMO.Ina Bond el ?whom0L'CO RECORUF.O tgyEM e49 Oda 0 1IN iS BOON Al DAGL all U6TSGIa1FD •1 * 0.,•t«LLows THi NORTH 210 } wont,.to panne Ina et frocluotion of FEET Of section's TOWTNA1xx I NORM RANGE 01 flST Of TIC 0TH Pfl NC I'A\MWaDUw P me5Jbwa1p0DDMIaaMOIOTi land 1_ WHEREAS.Ino 60oraol Tluilaelnm EXCEPTING 1TIEPEFAOM*PARCELS 0 (ANO CONVEYED 1O mac SCgVICE COMPANY OP COl0f1A00 or farrowed the Pennon Oro e0wes t0 , REOLMAOEO rcgoms°6 Hoe IN 80on oat Al PAGE 579 DESCRA00 AS coup YS THE is r21a is 0000? by RmmNwn m MONO with P6tT051113 WJAT HEAPONEGUARTEnOr Wei ON 76.TOM16MPI NORTH RAKEUEWEST OPTMRN legend to the Portion. PI1Y'1LleM.MFA10laN . NOW.THEREFORE.be II resolved by a Inv load 011 1lusleel 01 Me town of APO 1 . locnoule.COb100e at tallowy 1. IM legal aasalPllon of the APAACE.Of LVC IN MEPCRTHCAST W Of 1144 hORTMgAS1 IN ON THE SOU'MEAST IM OOSECT"SST ` 11 T wpnlly wham to be onneito w 1M TOnnslTP I heath TOME%WEST OP TMF SIN PAPICIPA.M3RIOIAN • . TNORE PARTTCL ARLT ESI01NE0 AS }own s totnaula a al lOCnYO h*.QTO 6 Winn A anti Inc0lpmalad Pelee by PDILOWS PECoansf3 5AV'S ATTh6 EAT 1M COANET 5A0 SCCT1ON05;THENCE g017fnLS.T AL iNE FAST .k Ielpenc.. CENTTPfl OP SSliDZt ION 35210 Kr TO A DONS MENGE WESTERLY PARALEC.TO MESAS F 1 2.the Pennon rm Annotation.me 9 LW Rube Olt LID SECTION 35.210113El TO A PTllT Ceti :JORTNEN.T,PARALLEL;1;1;071 /uDlert QI which is Ina PIOPY1'y 90LNDAEAST SAW:MTION:5210TER 10 A POO ON Intl EJST•W'EST CENTERLINE 0 eprcln.etl In Unroll A.A N rvtx pnn0. THENCE EASTERLY.&CNC BAIe CENTERLINE.Ot0Pla Wel OA LESS TO THE POINT OF OEGINN/0 11 Comprance win CR S.S31.12.101(1). • 3.Ina doted olthiltees will hole 0 , AIO=GET public nooring lot the Du'DOW 01 A*ACT or LANG LCCATEO W Tilt SetinT5ASTOLiaa1EY1 OFSECTIONOS.TOWNSHIP I NORTH RANGE% ii• ' aoie,nnnaPmepopmoaonnaim Mir T or @ Ont.M WTY.wEl.0 OO COLORAOOPNDOENO MORE PaamCWRLYDESCRISED AS ^i cross. with C.R.S. 131 12.101 and PD,LQws°eEONNNO AT THE SSIiTMEAST CORNER Or SAID SECTION 0$NC CONSIDERING E SOUTH WC S Clot 114.12105. The goat hearing SAO sOUlHEAST OUMTERTO OCAA SOUtM Kr drOr'WEST WITH ALL°C.LRINOSCONTAAED fIERE'W wuIbgulf.. olorac016OPepat 51100!. REVINt1MERE'O.TNRMia SOUTH Par 00'OO WEST lilt SS1,ELT ALONG ENO SOON LINE.TNEJKE • '� tocnOWo. Galarac0 60601. 01 the NORM COST'CO'EAST.Ian 01 PELT TNENCI MYTH o0.0000•EAT.175652 FEET I17001pPEETI TWINE -i le4ewnp rune ono down FAST tn1R OF SAID SOUKS AST OIMRT6111 EMNII Orly At'WEST!SOUTH 00•16'3 P'WEST) Tuesday,JVW 7.1993.e1 7:00 O.M. 4.Any parson nay a0P00r CI such 112231 AVEr 1122202 FEF.TI ALONG SAW EAST I tit TO'He SOUTHEAST CORNEROFSAID SECTIONS%AND 1 i hooting ono Olesenr otidOnce telbthe THE PONT Of DEGedyAS .• • ' to Inc pfop0wa dnnesaan S.UpencOmmollon of the nearing. ASo CACEPTZNG aor.sA2COH rAR:'FL cm, . eA nil;oval the 6Gvd 01!vulvas Mall wt lain DY wwvlion IT'MOND One conclusions That part o1 Section 35. To.r..n,v I Hann, Range 66 West 02 the well relefenee o me.Iglu al the Senn PVApl0Q1 Mandan, MAI Luta I) courage de:Unted es. mean, de:cared Il EMein A fa Beginning of the LOIN ant—Quart.• Caine' 00,0 Seaton 35. thence 1.ia, S1onne.mwn.artawnalhor me slatuo '2iW ry S0O16 along the Lori i.e. Eculneost one—Milner sold .eoullemants for the pl000mC Section 35 a dinonot el 21(`00 ,l.' 1P Ine 7fu1 DO.M of t crones lonnave boon Tot' Beginning, p dmnt being c he tnt n t Town UMns Of LOchb , 1 e.umeBovaabudeeleoncAWe+ la thence continuing soy IS'78"w airs ulna d Cosi line one of $ by OOs01Vfion, hId all 110•uimY saw town L,m,s Of LOC'LWe 0 n!Menet Of 1196.0E feet. thence iocoiomnms nova corm mot and Ins N9tT00'OO"W pbraue, with the ku•n •rte 504 SOutheesl on ' Inc plopOTpe onnero40n 0 p lbei el unaelmoiowla the 5latoO'Ce:o'a00 Quartet 0 distant. of 1.00 reel. I menet crier 29is Dorehel 1 Ih0 food al lnidnot may pow ono o with the feet line sad $ouV<oel ern-ch Her o dalOnet 01 �; more oioemncee annoying In,100100+ 1187,08 feel to 0 Point • 00 rpRt SOuln o1 Ina Puaie Strri[e ill pIOp'flyt0 the Town el laclibuid. Comeony9 Right-or-wOY. thnnce NSg't2'a9"W 001011.1 TriN iota ,0.f I. mO cocoon a me 900.0 of Right-o/-w0y 0 dlstence 01 210:0 'eel to a print 1.00 Igoe Weil y1 nubom to annos trHrvmeel0f0Denr 01 the Pam* Stre.ce CPnpo.+2 Pint-of-way. thence NOD'16'291 ..Hai wt,be*net*rah,the O,CnnOrt Of ',velum Wen laid Right-of--e, a o,eian;e el 211.00 feet to a It, • ml timid oflm:loas Me 000DWnof Pahl on (he Styli, line Ne•1neop uPe-Quarter zero Section 35. "t this Ile:elution ooei not commit truing, M30'16'41'E curette y"A sad Purl-oi-Nay and *orally '3 trichina to annex the .MOONY elm the ECU: lint s0^ Nert near 'nt-loaner 0 "{tenet ON a.BGhealnC+mmnA.bulramu•Hmaer 1974.27 feet. Ounce S8943'rp'I e Pstoncs of IOD Tett TO 0 tiMmoCOou,etnal wit n,o ICIOThoDo:s poi nton the Puavt $,n eg Ccn'D:h a,gnt_o5-T fel suave tlon 0f the Plebe:etl ay, soil point anne.aan. beteg 210.00 lest West or in. Cost Iota NOn <iae( O' -Quarter 6. the declnon of amBoard a Safe Suction 35, thence SOC 1 E'1','W along said Right-of-toy and • mime&to eMaY lee bible&010DOm parallel with the East line mg NM{neoel one—garter a castanet '4 rues be wow' to mu m0paolon Of 1974.22 lea: to O bard on Ine South IM. sold Worthier% ant- tl . wieculon one mMmiy 10 the tote of Winer. thence $00-115•21r* Orono 50.0 Rlghl-0l-wgy end an annownen clammier calanng Detellel with inn Eon rime Soulhrest one-cuone. told Seaton 35 tun items and condition. as au 0 delone. at 21000 feet. Ineevt Se8'6T'49"E along Said Right- ' leafed by the lawn n Ili wee Cr., 01-way line a distance c! 21U CO feet to the True Pant of aDacMe beyond. Be•nn.ng CORTAEN6 Sta.?' AcrlL item M. 5.1.53 ACAD. MOYED. SECONDED AND APPROVEOIN.2n0 Oay of June_tool TOWN O.IOCNELTE eub.tnw in the tutu.:tin (fa•OY0 time MOO LL N.P.Ma bA Glanville Evans Mary ATTEST: by:Ronne Ilad0Y.Town Ciat Amy poison mar ae>em al luc h hovng ,TOpwionteyldnnco upmlaflymtir ,a be determined Dy Ine govefnn beet i 981936 RESOLUTION NO. 5'/WS SILVER PEAKS - ANNEXATION PARCEL #2 WHEREAS, a Petition for Annexation of certain property (herein "Petition") has been filed with the Board of Trustees of the Town of Lochbuic: and WHEREAS, the Board of Trustees has reviewed the Petition; and WHEREAS, the Board of Trustees wishes to permit the consideration of the subject property for annexation: and WHEREAS, the Board of Trustees has reviewed the Petition and desires to adopt by Resolution its findings with regard to the Petition. NOW; THEREFORE, be it resolved by the Board of Trustees of the Town of Lochbuie, Colorado as follows: 1. The legal description of the property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit .A and incorporated herein by reference. 2. The Petition For Annexation, the subject of which is the property described in Exhibit A, is in substantial compliance with C.R.S. § 31.1?-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed anmexation complies with C.R.S. § 31-1'2-104, and C.R.S.§ 31-12- 105. The public hearing will he conducted at the Lochbuic Town Hall, 0152 Poplar Street, Lochbuie, Colorado 80601. at the following time and date: Tuesday, July 7, 1998, at 7:00 p.m. 4. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. 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 property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the 12S2''UIC.000I6 9c-iq3? • State of Colorado, the Board of Trustees ntav pass one or more ordinances annexing the subject property to the Town ofT.ochbuic. 7- The decision of the Board of Trustees to annex the subject property will be entirely within the discretion of the Board of Trustees. The adoption of this Resolution does not commit Lochbuie ro annex the property described in Exhibit A, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the subject property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 3. A day of CSunt , 1998. TOWN OF LOCI-1BUIE BY: � & 111/4,4e-: John anee, Town Manager • 52822\016100016 95j93o :S6/1i7, /(1O. S- /99P • EXHIBIT A LEGAL DESCRIPTION (Annexation Parcel No. 2) ALL OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OE COLORADO. EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 3. 1959 IN BOOK 1 543 AT PAGE 523. DESCRIBED AS FOLLOWS THE NORTH 210 FEET OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN EXCEPTING THEREFROM 2 PARCELS OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 3, 1959 IN BOOK 1543 AT PAGE 525, DESCRIBED AS FOLLOWS. THE EAST 210 FEET OF THE NORTHEAST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN. AND A PARCEL OF LAND IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE EAST 1/4 CORNER SAID SECTION 35; THENCE SOUTHERLY, ALONG THE EAST BOUNDARY OF SAID SECTION 35, 210 FEET TO A POINT, THENCE WESTERLY PARALLEL TO THE EAST-WEST CENTERLINE OF SAID SECTION 35, 210 FEET TO A POINT; THENCE NORTHERLY, PARALLEL TO THE EAST BOUNDARY OF SAID SECTION 35, 210 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 35; THENCE EASTERLY, ALONG SAID CENTERLINE, 210 FEET MORE OR LESS TO THE POINT OF BEGINNING AND EXCEPT A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35 AND CONSIDERING THE SOUTH LINE SAID SOUTHEAST QUARTER TO BEAR SOUTH 90`00'00" WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 90°00'00" WEST, 1782.65 FEET ALONG SAID SOUTH LINE, THENCE NORTH 00°Si' 00" EAST, 1227.67 FEET; THENCE NORTH 90°00' 00" EAST, 1766.82 FEET (1768.18 FEET) TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00° 12' 41"WEST (SOUTH 00° 16'29"WEST), 1227.51 FEET (1227.52 FEET) ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID SECTION 35 AND THE POINT OF BEGINNING. AND EXCEPTING ANNEXATION PARCEL NO. 1 as follows : That part of Section 35, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado described os: Beginning at the East one—quarter Corner said Section 35, thence SOO' 16.29"W along the East line Southeast one—quarter said Section 35 a distance of 210.00 feet to the True point of Beginning, said point being on the Town Limits of Lochbuie, thence continuing S00'16'29"W along said East line and along said Town Limits of Lochbuie a distance of 1198.08 feet, thence N90'00'00"W parallel with the South line said Southeast one— quarter a distance of 1 .00 feet, thence NOD' 16'29"E parallel with the East line said Southeast one—quarter a distance of 1197.08 feet to a point 1 .00 foot South of the Public Service Company Right—of—way, thence N89.47'49"W parallel with said Right—of—way a distance of 210.00 feet to a point 1 .00 foot West of the Public Service Company Right—of—way, thence N00'16'29"E parallel with said Right—of—way a distance of 211 .00 feet to a point on the South line Northeast one—quarter said Section 35, thence NOO'16'41"E parallel with said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet, thence S89'43' 19"E a distance of 1 .00 feet to a point on the Public Service Company Right—of—way, said point being 210.00 feet West of the East line Northeast one—quarter said Section 35, thence 500' 16'41"W along said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet to a point on the South line said Northeast one— quarter, thence 500'16'29"W along said Right—of—way and parallel with the East line Southeast one—quarter said Section 35 a distance of 210.00 feet, thence 589'47'49" E along said Right— of—way line a distance of 210.00 feet to the True Point of Beginning. CONTAINS 554 . 77 ACRES MORE OR LESS . 9Y/93(o PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO, TO THE TOWN OF LOCHBUIE, STATE OF COLORADO (100% OF LANDOWNERS) TO THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF LOCHBUIE, COLORADO: The undersigned, in accordance with the Municipal Annexation Act of 1965, Chapter 31. Article 12, of the Colorado Revised Statutes, 1973, hereby petition the Town Council of the Town of Lochbuie for annexation to the Town of Lochbuie of the following described unincorporated territory located in the County of Weld. State of Colorado, to wit: SEE EXHIBIT A (Annexation Parcel No. 2) a And in support of the said Petition, your Petitioner(s) alleges that: 1. It is desirable and necessary that the above-described territory be annexed to the Town of Lochbuie. 2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Lochbuie. 3. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie. 4. The territory to be annexed is urban or will be urbanized in the near future. 5. The territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie. 6. No land is 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 is divided into separate tracts or parcels without the written consent of the landowner(s) thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way. Signing this Petition shall constitute written consent by the landowner(s) to divide their property into separate parts or parcels. 7. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the Town boundary in any one year. 84506.3 98/9.3 8. The entire width of any street or alley to be annexed is included within the annexation. 9. All requirements of C.R.S. § 31-12-104, as amended, and C.R.S. § 31-12-105, as amended, have been met. 10. The signers of the Petition comprise one hundred percent of the landowners in the area and own one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and of any land owned by the Town. 11. The mailing address of each signer, the legal description of the land owned by each signer, and the date of signing of each signature are all shown on this Petition. 12. Attached to this Petition is the Affidavit of the circulator of this Petition that each signature hereon is the signature of the person whose name it purports to be. 13. Accompanying this Petition are four prints of an 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. (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area be platted, then the boundaries and the plat number of plots and blocks are shown. (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Lochbuie and the contiguous boundary of the other municipalities abutting the area proposed to be annexed, if any. (e) The dimensions of the contiguous boundaries are shown on the map. Petitioner(s) hereby request(s) that the Town of Lochbuie approve the annexation of the area proposed to be annexed. PETITIONERS hereby constitute and appoint Karl Kasch our true and lawful attorney-in- fact on our behalf and in our names in all matters lawfully arising out of this Petition and in respect of any and all proceedings conducted in connection herewith by or before the Town Council of the Town of Lochbuie, County of Weld. 84506.7 PETITION FOR ANNEXATION SILVER PEAKS HOLDINGS, LLC 713Y: Mariano DeCola, Manager MAILING ADDRESS: 790 Washington Street Suite 1401 Denver, Colorado 80203 DATE: May 28, 1998 84501.2 q,1/93& EXHIBIT TO PETITION FOR ANNEXATION AFFIDAVIT OF CIRCULATOR IN RE THE PROPOSED ANNEXATION OF A PARCEL OF LAND DESCRIBED IN THE ATTACHED EXHIBIT A (ANNEXATION PARCEL NO. 2), LOCATED IN WELD COUNTY, COLORADO INTO THE TOWN OF LOCHBUIE, COLORADO I, MARIANO DECOLA, BEING FIRST DULY SWORN ON OATH AND DEPOSED. STATE AS FOLLOWS: That I am one of the Managers of the Petitioner named in the Petition regarding the proposed annexation of territory into the Town of Lochbuie; that I have read the Petition and know the contents thereof and that the same is true to the best of my knowledge, information and belief. Affiant further states that I know the persons whose names are subscribed to the Petition, that I have circulated the Petition, that each signature thereon is true, genuine, and a correct signature of the person it purports to be. Affiant further states that to the best of my knowledge and belief the persons whose names are subscribed to the Petition are persons who are qualified to vote in an election for the annexation of the proposed territory and who own taxable real or personal property within the area to be annexed. 264/ iano DeCola Subscribed and sworn to before me this/ ,---2_ day o / _ , 1997. My commission expires )72l�I,,,/l / %0G.5' cihb i o 9y,93& • EXHIBIT A LEGAL DESCRIPTION (Annexation Parcel No . 2) ALL OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE-6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 3. 1959 IN BOOK 1543 AT PAGE 523. DESCRIBED AS FOLLOWS. THE NORTH 210 FEET OF SECTION 35. TOWNSHIP I NORTH, RANGE 6G WEST OF THE 6TH PRINCIPAL MERIDIAN EXCEPTING THEREFROM 2 PARCELS OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 3, 1959 IN BOOK 1543 AT PAGE 525. DESCRIBED AS FOLLOWS THE EAST 210 FEET OF THE NORTHEAST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN. AND A PARCEL OF LAND IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE EAST 1/4 CORNER SAID SECTION 35; THENCE SOUTHERLY, ALONG THE EAST BOUNDARY OF SAID SECTION 35, 210 FEET TO A POINT, THENCE WESTERLY PARALLEL TO THE EAST-WEST CENTERLINE OF SAID SECTION 35, 210 FEET TO A POINT; THENCE NORTHERLY. PARALLEL TO THE EAST BOUNDARY OF SAID SECTION 35, 210 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 35, THENCE EASTERLY, ALONG SAID CENTERLINE, 210 FEET MORE OR LESS TO THE POINT OF BEGINNING AND EXCEPT A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35 AND CONSIDERING THE SOUTH LINE SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00'00"WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 90°00' 00" WEST, 1782.65 FEET ALONG SAID SOUTH LINE, THENCE NORTH 00°5i 00" EAST, 1227.67 FEET; THENCE NORTH 90°00' 00" EAST, 1766.82 FEET (1768.18 FEET) TO THE EAST LINE OF SAID SOUTHEAST QUARTER;THENCE SOUTH 00° 12' 41"WEST(SOUTH 00° 16' 29"WEST). 1227.51 FEET (1227.52 FEET) ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID SECTION 35 AND THE POINT OF BEGINNING. AND EXCEPTING ANNEXATION PARCEL NO . 1 as follows : That part of Section 35, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado described as: Beginning at the East one—quarter Corner said Section 35, thence 500' 16'29"W along the East line Southeast one—quarter said Section 35 a distance of 210.00 feet to the True point of Beginning, said point being on the Town Limits of Lochbuie, thence continuing SOO' 16'29"W along said East line and along said Town Limits of Lochbuie a distance of 1198.08 feet, thence N90'00'00"W parallel with the South line said Southeast one— quarter a distance of 1 .00 feet, thence NOB' 1 6129" E parallel with the East line said Southeast one—quarter a distance of 1197.08 feet to a point 1 ,00 foot South of the Public Service Company Right—of—way, thence N89'47'49"W parallel with said Right—of—way a distance of 210.00 feet to a point 1 .00 foot West of the Public Service Company Right—of—way, thence NOO' 16'29" E parallel with said Right—of—way a distance of 211 .00 feet to a point on the South line Northeast one—quarter said Section 35, thence NCO-16'41" E parallel with said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet, thence 589'43' 19"E a distance of 1 .00 feet to a point on the Public Service Company Right—of—way, said point being 210.00 feet West of the East line Northeast one—quarter said Section 35, thence SOB' 16'41"W along said Right—of—way and parallel with the East line said Northeast one—quarter a distance of 1974.27 feet to a point on the South line said Northeast one— quarter, thence 500'16'29"W along said Right—of—way and parallel with the East line Southeast one—quarter said Section 35 a distance of 210.00 feet, thence 589'47'49" E along said Right— of—way line a distance of 210.00 feet to the True Point of Beginning. CONTAINS 554 . 77 ACRES MORE OR LESS . 9g/936 • 1 U O J I 1 w 1 • , 1 !,'a lI 1. ill ! , I • I. 1, 1.11 O , 4;1, 18 [ 1 III 1 +l i1 a fit-. 1 ',ill Ii Z i`:1` ftl-1a.ils.f l ll.jli-i.- i!LL; +1 112 i l tti II 3 =III I t; , lil'il =1 pil-1 i,11s`11 , 1t I It - 11; ; tit'l t t t : O ; �' l�'L• I:1ii i'i,''`.�i; �itii:sj�z;{9'i j lit I tji._ ( ljiI it 1 1IJ• x I. , 411 !i I + ' I ifi I Ili-, s.1 w Ii; i.,1`1,-,. .z! I':l' .i.':l t,.,li. �' i+ i It 1iit 1 I I i 1 iii _ ; _ _1114..i t- 1111 }{ Il:;i111. +iti`'111 at l 1'i , .1 i il" ° 1111 i• I— ; ;11 7 II! I it s ii I ial: 11 ,i7i 11 1 I .; t+t. Ir1.: r- i fill' lltls�}1...4141113 11. . r 111 i+ lZ1:Ii lii I .tl -2i O i 11 11-7111 .�• liel , ill Si.:.. t i , e I - lilt. l3 1_t!, 4111 1 (, iii' 1 I Lit^,it Iii l '4O" 1r ' a 7111 2iiit4 1111!°!It !°1.1,2114+Y,21a I . w li+ t .; ' "p 1. 1 11;1 13 1811.0Itc:iP,-.11 4;1f11:ItY ,li' j1. I. 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III I •� — l i1 — I u — • 95/ 936 . TOWN OF I .O( .11B 1I1H: Phone: (3(13) 655!)3118 FAN: (3(13) (.59-9312 — LAND USE APPLICATION DATE: Sgnanher 5, 1997 NAME OF PROJECT: _ Silver Peaks r.U.D ADDRESS IGENERAL LOCAITON(R:I'IU(IIECF 555 Acres on Weld Counts. Road No. 2, I mile west of 1Alchbuie, CO I.I,G:U.DESCRIPTION,ION, all of Sect ion 35, Township I north, Range 66 West of the 6ih P.M., County of Weld, State of Colorado, less approx. SO acres in SE 'G and less applicable rights of way PLEASE CHECK'Atli AI'PROl'It6VIT:ITEMS) Concept Plot __ Rezoning(map amendment) _XP U.D. (Concept) Prdiminar v Plat 7 . g Language Amendment )( P.U.U./Zoning Find Plat Zoning Variance PD Site Plan Combined Plat Use By Special Review PD Minor Modification Minor Plat/Repko A il nnevation(2) I'D Major Modification Subdivision Variance Other Praan Zoning:_Nonc/not incorporated Area in Acres: 554.85 aces Proposal Zoning_P.U.I). Present Use: Agricultural Proposed No.of Lots(if Appliable)__2300 urd.ME__ Proposed No.of Dwelling Units: 12300 Proposal crow Floor Area(if Applirahle)_250 000 SF Minimum In size:_4500_S.F. Average: _S.F. PROPERTY OWNER: APPLICANT REPRESENTATIVE: NAME: SILVER PEAKS.LI,C NAME: 0.KARL KASCU (an individual) . Address:_ 740 Washinpen S7.,Suite 1401 _____ __ Rusin¢Name_Cimarron Cimarron Consultants.Inc._ Dana.CO %0203 Addr s: 6551 S.Revere Parkway....Sudc 265 Tclq,hone _k7R1-1663 .__ En&evuud.CO 80111 ___-.-.. Tekrlienr Nu.: 003) 790-4845 V FAX No. (303) 7904035 Partner 725:97 In lc Darr IF mimic A i ION is W m .\I'I ,At II5\'1'51.I.MOIrI'A(1:\(Iii II(rl i)I'ItS \II.SI SI(IV 111(1 o\\' I/We.had,V adm,a lni.•,•u,c'.nu 1611 alas&,((,,,(,s n6 ihe al.,C,at9.I.a nno 1„rur I.ic,..v6al In Ike rem of I.VI hinC I,, the pu.,w,id.111111 d 5l1' aIc(L,horC N/A _-. - N/A Nall e(Please Plum) SIONA Il 11(F EXHIBIT A I,h:(;AI, DI':SCKII''1'ION AI I OI SI C I ION 35. [OWNS'ill' I MAID'', I IANG! 66 WEST OE THE (i(I l PRINCIPAL MI.RIUTAN, COIJNI Y GE WI I I) Si All ()I COI ()HALLO I X.CI PI INC !Hi II III I I 3O1 A I'AI I(,1 I GI I ANI) CONVI YI I) 1O PUNIC SI HVICI COMPANY OI (;O1O11A11O BY DI I I) HI (;UIII)1 I) NOVI MITI II 3 1!)54 IN 13OOK 1543 AI PAGE 523. DI SCRIRLD A:; loll ()WS WI NOM H 210 III I OI SI CI ION 35. IOWN:iI III' 1 N( )I(l 11. RANGE 66 WG5I O1 1111 6111 I'I IINCII'M MI 111DIAN I-XCI_I'I INC 1111 RI-I11GM 2 I'Al ICI I S (TI I AND CONVEYED TO PU131.IC SERVICE COMPANY O1 OO1 O11ADO BY I)I-.1 I) III-CORM_I) NOVI MI31 II 3. 1')50 IN ROOK 1543 AT PACE 52.1. DI C:III(31-1) AS FOLLOWS OWS THI FAST 210 EE1-T GI T II. NOR11LI.ASTONI OHARILHO1 SIC1 ION 35. TOWN:iIM) I NORTH, RANGE 66 WI-SI O1- 1ILE6TH PRINCIPAL MERIDIAN AND A PARCEL OF LAND IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED A FOLLOWS:BEGINNING AT THE EAST 1/4 CORNER SAID SECTION 35;THENCE SOUTHERLY, ALONG THE EAST BOUNDARY OF SAID SECTION 35, 210 FEET TO A POINT,THENCE WESTERLY PARALLEL TO THE EAST-WEST CENTERLINE OF SAID SECTION 35, 210 FEET TO A POINT;THENCE NORTHERLY, PARALLEL TO TILE EAST BOUNDARY OF SAID SECTION 35, 210 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 35; THENCE EASTERLY. ALONG SAID CENTERLINE, 210 FEET MORE OR LESS TO THE POINT OF BEGINNING. • AND EXCEPT A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6TH P.M.. WELD COUNTY. COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35 AND CONSIDERING THE SOUTH LINE SAID SOUTHEAST QUARTER TO BEAR SOUTH 90°00'00"WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOL/111 90'00' 00"WEST, 1782.65 FEET ALONG SAID SOUTH LINE;THENCEO TEL NORTH 00"57 00" EAST, 1227.67 FEET: THENCE NORTH 90'00'00" EAST, 1766.82 FEET(1768.18 FEET) EAST LINE OF SAID SOUTHEAST QUARTER;THENCE SOUTH 00'12'41"WEST(SOUTH 00° 16'29"WEST), 1227.51 FEET(1227.52 FEET) ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID SECTION 35 AND THE POINT OF BEGINNING. CONTAINS 55485 ACRES MORE OR LESS. qS/936 Hello