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HomeMy WebLinkAbout982644.tiff e• r. � f) fl,,' . uti City of Dac,o ,o,, ,Gogado •ra•D�y` CLEF: TO TI T July 14, 1998 Clerk of Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Re: Sharpe Project Plat To Whom It May Concern: In Compliance with the provisions for the Dacono Municipal Code, enclosed is a copy of the Notice of Public Hearing, legal description and preliminary plat for the above named property. Please send any comments you may have by August 5, 1998. Sincerely, l Beth Langmacher Administrative Assistant • /My (t)(- kJ 0L 0A ; L('T- tyJ 512 Cherry Street • Post Office Box 186 • Dacono, Colorado 80514 Local—(303) 833-2319 • Metro-(303) 825-1256 • FAX—(303) 572- (� 982644 CITY OF DACONO, COLORADO NOTICE OF PUBIC HEARINGS BEFORE THE PLANNING COMMISSION AND CITY COUNCIL ON AN ANNEXATION AND ZONING CHANGE REQUEST FOR THE PROPOSED SHARPE FIRST AND SHARP SECOND ANNEXATION Notice is hereby given that the Planning Commission of the City of Dacono will hold a Public Hearing commencing at 6:00pm, Tuesday, August 11, 1998, at Dacono City Hall, 512 Cherry, Dacono, Colorado 80514. The purpose of the Public Hearing is to consider a request of Annexation and Zoning Change of the proposed Sharpe First, and Sharpe Second Annexation. Further Notice is hereby given that the City Council of the City of Dacono will hold a Public Hearing commencing at 7:00pm, Monday, August 24, 1998, at the Dacono City Hall, 512 Cherry, Dacono, CO 80514. The purpose of the Public Hearing is to consider such request for approval of an Annexation and Zoning Change of the proposed Sharpe First, and Sharpe Second Annexation. Any person may appear at the Public Hearings and be heard regarding the matters under consideration. The approximate location of the proposed Annexation is the property located to the south of State Highway #52, between WCR's 13 & 11. Copies of the petition for Annexation and Zoning Change are on file and available for public inspection in the office of the Dacono City Hall, 512 Cherry, Dacono, Co., 80514 during regular business hours. Dated this 17th day of July, 1998. CITY OF DACONO, COLORADO Nancy Elliott City Clerk To be advertised in the Farmer and Miner on: July 22nd and 29th, August 5th and 12th. ,)&1?010*1 cc : pit, ew, CA; c-vri; Sv; tit (EP) RESOLUTION NO. 98- 13 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR ANNEXATION PETITIONS FILED WITH THE CITY OF DACONO, FOR PROPERTY TO BE KNOWN AS THE SHARPEANNEXATION TO THE CITY OF DACONO, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, petitions for annexation of certain properties, to be known as the Sharpe Annexation, have been filed with the City Council of the City of Dacono; and WHEREAS, the City Council has reviewed the petitions ; and WHEREAS, the City Council wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions ; and WHEREAS, the City Council has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL DP" THE CITY OF DACONO, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A, are in substantial compliance with the applicable laws of the State of Colorado. Section 2 . No election is required under § 21-12-107 (2 ) , C.R.S. Section 3 . No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4 . The City Council will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104 , C.R.S . and with §31-12-105 , C.R. S . , and -Jill hold a public hearing to determine the appropriate zoning of the subject Properties if requested in the petitions, at the Dacono City Hall , 512 Cherry St get, Dacono, Colorado 30514 , at the following date and time: (0..;cam;,;- at , 1998 , at 7 : 00 o. m. Section 5 . 0Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions . Section 6. Upon completion of the hearing, the City Council will 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 1 b •d i �or_oco rent., have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. section 7 . If the City Council 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 City Council will pass one or more ordinances annexing the subject properties to the City of Dacono, and will pass one or more ordinances zoning the subject properties if requested in the petition. � INTRODUCED, READ, SIGNED AND APPROVED this � � day of •11 , 1998 . 1 CITY OF DACONC, C_OLORADO —7 /'r° - By: , Mayor ATTEST: 4 B_y: - lrrr ,A i11C.1. City' Cleric 070998/1512 Ctatld:dacono\annexation\sharpcom.res 2 .,lH'v es lsse :e9 41 �.. ,- Al RFRTStlA _ _ PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF BACON), COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County o_f Weld and the State of Colorado, and to be known as the Sharpe First Annexation to the City cf Daconc . As part of this petition, your - ioner_ _ C `_ p..___ _.,._,._s ___ -:Br 9ta� to o I: is desirable and necessary that t:e described in Exhibit A _ annexed to the City of Zacono . 2 . The racuireme.is of Sections and r _ C . R as amended, exist or Have been mett in that : a . Nct less than one-sixth of the perimeter cf the area proposed to be annexed_ is ocnticaous with the City of bacon_ or will be contiguous with the Citycf Dacono within ._n such time as -<-.< -ed _,• Section 21-12 -104 . • A community of interest exists between the area reposed to be a_n e::ed and the City of Dacono . c . The area proposed to be annexed is urban or will be _rbanized _n the near future . ▪ The area r_..- .,sed to be annexed is integrated with cr is capable of being integrated with the City of LcCO_^_O . - . No land within the boundary of the te"-' `^ v proposed to be annexed which is held in identical ownership, whether consisting of one tract cr carcel cf real estate or two or more contiguous tracts or parcels cf real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts cr parcels were separated by a dedicated street, road, or other public way. f . No land within the boundary of the area proposed to be annexed which 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, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess 1 _ SUN-10-1998 14:52 ALBERTSON CLARK ASSOC 19702237144 P.01 of two hundred thousand dollars ($200 , 000 . 00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners . No annexation ^receecr__cs have been commenced for any portion of :he territory proposed to be annexed for the annexation of such territory to another n c; T.L _ pa__t'J. __. The annexation o= the -e'"`-• 'c"y pr posed to _^.e annexed will net result in the detachment of area from any school ^ic The annexation of the 7.e — ^-v Proposed to be annexed will not have the eater-- of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary = of the City c_ Dacono in any one year. The territory :ro.pcsed to be annexed is 99 49 acres in total area . k. Prior to comp=etien of the ar 1exat- _ of the area proposed to be annexed, a plan will be in place, tursuant to Section 31-12-105 (1) (e) , C.R. S . , whieh generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks , aviation fields, other public ways, crcunds, open spaces, public utilities, and terminals for , water, light, sanitation, transportation, and tower to be previded by the City of Dacono; and the proposed oposed land uses for the area; such plan be Updated at least once annually. i . In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108 .5, C.R.S. 3 . The. owners:of more that fifty percent of their, ink and alleys, and comprising more than fifty percent of the landowners of the area proposed to be annexed, have signed this petition and hereby petition for annexation of such territory. 4 . Accompanying this petition are four copies 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 prc=osed to be annexed, said map prepared by and containing the seal of a registered ezc=neer; c . Within the annexation boundary map, a showing of the location of each ownership tract _ un^l at--la _ l hn b and, _isifpart or al of the area is '_atte_ and the plat numbers of ^lots or o_ lots and blocks; d. Next to the boundary of the area proposed_ - -p to be annexed , a draw=:C of the CCn_iC3Cta boundary C= the City of Dacono and the CCntigl.0us boll nda=?7 o_ any other municipality � pa__._y abutting the area proposed to be annexed, nand a showing of the dimensions of such contiguous boundaries . - . -pan the annexation ordinance=nce betonInc effective all lands within the area proposed tobannexed i e w___ become subject to all ordinances, resolutions, rules, and rectlations of the City of Caton°, excel= for genera l trorderty taxes of the City of Dacono, which shall be come effective as of the January next ensuin g. .^.g. G . The zoning clas -' ^--' or recested for the area .: oDosed to he annexed is ('nmmerrt at 7 . Cf required by the City, an annexation acreement has been or Will be executed by the petitioners herein and the City of Dacono relating to this annexation and the petitioners hereby expressly consent to the terms and conditions sec forth in the annexation agreement . 8 . The petitioners agree to the following terms and conditions, which shall be covenants running with the land: WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: 3 - Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says : That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Daccno, Colorado, ccnsistinc of 5 pages, including :.his page, and that each signature thereon was witnessed by your affiant and is the true signature the person whose name it purports to be . Circulator lamo„r STATE OF COLOLa.DC } ) 0,3 CC '�VT Y O�J� e above and �c �a�% cuL itcr was suhsc-1 ^Cr+ and sworn to. before m_ :...ts day of , 1997 by w_:n ess my hand and c'.44 ," --,7 sea_ . My commission expires cn: � _) Nczar, Public 4 • .0:1 31 334 a! W W 0 .a -4 ,C 1 -C • 0 TS 0 N m tJ G7 .•-1 al aal UDC '. 0 f0 3 •� W -1-i irk jai 0 La 0 L ,0 a 0 W m -.i ��„" M Uis C C •.4 a) 1C s. ro ... C] al C U Sa a .0 I r M C '0 'O 'Q 0Cma) a) C m W X — r+ . 1 0 v 0 ro a - z W 0 C C O + m m ai3a) 0 ¢ k 0 m — • - m m cr..) • aroi• J m C 0 m 7 oa) C 0 aJ " 4 o = '^ ,C !.' 0 >! z a7 v CS.-; C 2.1 O C r N C N W O a _— Gw a S•i v Cj '0 Q7 -C co.7 $.4 0 C 'O 0 CO 0 U • Z cro Ira ro W v CV • Cir M Z w m C 0 •r4 mm a = �a c .j r 01 m •.a W •n • CO 0 C] C C ' 0 •n :J 0 N y• ro ro § rno Ce C • • Shctrpe,� F_i rv""t" LEGAL DESCRIPTION OF LAND TO BE ANNEXED: THAT PART OF THE NORTHEAST ONE-QUARTER SECTII 1 , TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER SAID SECTION 1 , SAID CORNER BEING ON THE EXISTING CITY OF DACONO CITY LIMITS; THENCE N89'25' 10"E ALONG THE NORTH LINE NORTHWEST ONE-QUARTER SECTION 6, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND ALONG SAID CITY LIMITS A DISTANCE OF 193.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE ABANDONED UNION PACIFIC RAILROAD, SAID POINT BEING ON A CURVE TO THE RIGHT, THE DELTA OF SAID CURVE IS 10'16'14", THE RADIUS OF SAID CURVE IS 3905.93 FEET, THE CHORD OF SAID CURVE BEARS S13'50'53"W 699.22 • FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT- OF-WAY LINE AND ALONG SAID CITY LIMITS A DISTANCE OF 700.16 FEET TO THE END OF SAID CURVE; THENCE S 18'59'00"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG SAID CITY LIMITS A DISTANCE OF 81 .29 FEET TO A POINT ON THE EAST LINE NORTHEAST ONE-QUARTER SAID SECTION 1 ; THENCE N71'01 'OO"W A DISTANCE OF 250.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE ABANDONED UNION PACIFIC RAILROAD; THENCE N18'59'00"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 81 .29 FEET: THENCE N90'OO'00"W A DISTANCE OF 1728.01 FEET; THENCE N00'06'46"E PARALLEL WITH THE WEST LINE NORTHEAST ONE-QUARTER SAID SECTION 1 A DISTANCE OF 525.68 FEET TO A POINT ON T SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. .. THENCE S89'S1 '00"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 757.74 FEET; THENCE N86'23'00"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 316.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE DELTA OF SAID CURVE 03'50'05", THE RADIUS OF SAID CURVE IS 11360.00 FEET, THE CHORD OF SAID CURVE BEARS N88'19'21 "E 760. 15 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 760.29 FEET TO A POINT; THENCE S89'51 '00"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 39.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE ABANDONED UNION PACIFIC RAILROAD, SAID POINT BEIING ON A CURVE TO THE LEFT. THE DELTA OF SAID CURVE IS 00'28'36", THE RADIUS OF SAID CURVE IS 3655.93 . FEET, THE CHORD OF SAID CURVE BEARS N09'34'51 "E 30.41 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY RIGHT- OF-WAY LINE A DISTANCE OF 30.41 FEET TO A POINT ON THE NORTH LINE NORTHEAST ONE-QUARTER SAID SECTION 1; THENCE 389-51 '00"E ALONG SAID NORTH LINE A DISTANCE OF 59.62 FEET TO THE POINT OF BEGINNING EXCEPT ANY PORTION THEREOF LYING WITHIN THE ABANDONED UNION PACIFIC RAILROAD RIGHT-OF-WAY OR ANY PORTION THEREOF LYING WITHIN THE COLORADO STATE HIGHWAY NO. 52 RIGHT-OF- WAY. w a cx : s JLN-10-1336 14:52 ALBEPTSCN C.ARK ASSOC 13702237144 P.01 of two hundred thousand dollars ($200 , 000 . 00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to he annexed without the r4 `r=n consent cf the landowner cr landowners . a . No annexation _p---a=="- as have been commenced for any portion o= the tell-co- _ sed to �be annexed for the annexation of such -a--4 -ory to another munic1:a__t'. n. The anrexa' the a '.. - .... 0 c=_ annexed will not result in the detachment of area from any school -riot . L . -=e an••=:cation _f t.e - -^ry --posed to he annexed will not have the a"a^- cf er_endinc the boundary of the City of Dacono more than three r..-les in any dinar- on from any point of the boundary cf the City of Da-onc in any one year. r4e r ram.: � ...✓ --poe_ ..e ar exec s is QS.nR acres in total area . to corn C_ the annexationof thearea -posed to be annexed, a plan will he in ;lace tursuant to Section 21-12-133 (_) lei , C.R. S . , which generally describes he location, character, and extent cf s`-===s , a"-ways, . -es, waterway=, wa`a .•ts, tarkways , c avzround5 squares, parks aviation fields, other public ways, crot•.'_ds , open spaces , p'ub-_- " 4 - aa , and terminals fcr , water, 7 4 --t, sanitat_o., _-a==ncrtat-or., and cower to be orovided by the City of Dacono; an= _he - _ vse_ Land uses for the area; such _an to be undated at least once annually. _ . In establishinc :he boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adeininc any platted street or alley which is to be annexed to the City of Dacono but is net bounded on both sides by the City of Daccnc. m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108 .5, C.R.S. 3 . The cwaers of : more than fifty percent :_o£ - the area v..,..,........Jt"i. }. .`•' n� -A +�vnl..a��sr ..F '.i .iJ:.yw - _..___,._ 'and alleys, and comprising more than fifty percent of the landowners of the area proposed to be annexed, have signed this petition and hereby petition for annexation of such territory. 4 . Accompanying this petition are four copies of an annexation map containing the follow'-ng information: a. A written lecal description of the boundaries of the area proposed to be annexed; b. A map show_nc the boundary of the area nosed to be annexed, said man prepared by and contai in g he e eyed seal cf a rc� enc_zeer-; y _stir _ Within the annexation boundary map, a sh cw_nc of the location of each owners. tract In 7=.7.-° =r— a -- the^boundaries and the plat mu-Hers o= plots or of lots and blocks/ d . Next to the boundary cf _he area d- -- _s e to He annexed, a dr-ainc of -:e co_riotous boundary cf_ theDacCand `thepus City of ao cor_tic„ boundary o= any other mu-___^-oarizy abutting the area proposed to be annexed, and a showinc o' the dimensions s_ch co._ ^'^L•s bcun da_ies . Upc__ the annex aria' _-__c__:_ bets - _...—__ ====^ ve __ l lands with_ the area pr osed to be annexed will become subject to all ordinances, resolutions , __'_es and rec_lat_ors cf the City cf :anonc, exce;: for genera_ ors-tarty taxes of the City of Daccno, wh_o: shall be come ====r- ' e as of the Januar;. I next ensuing. The zone class' = =- n r=e_ested for the area t-noosed to be a__exed _s Commercial/Indus trial . i -•=rune —ore by the City, annexation act-semen:aceeme-t has bee or wil . .be :ecu- th= oez' t' onnrs _ J t. City of Dacono relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth _._ the a nn_:Ca__.,_. =r -==^..a._ . 8 . The petitioners agree to the f il:wino. terms and conditions, which shall be covenants running with the land: ?Th R=FOn3, the petitioners, whose sicnatures are on the signature sheet cn the next page, respectfully recsest that the City of Daconc, acting through its City Council, approve the annexation of the area proposed to he annexed: 3 9 ; '�T - _ P -MSS > �+aa Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says : That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Dacono, Colorado, consistinc of 5 paces, includinc this page, and that each sig=atu_e thereon was witnessed by your affiant and _s the true s re f the person whose name ^•-r^^ to be . STATE OF CCLCRALC ) sa COUNTY O a:.. sworn to before me t._s may cf 1397, ..by wit ness my hand and o=f' - = ___ My comm ssion e _ -_es on : _ Nona 4 1. 1rt si a1 'ID m°y 7+ +4 N 0 001 tI-I4.41 N � C 11 .0 • 0 V (13 C G11 U4 y, C 070 3 •r Lt�7 � LA � HJJ Om 61 tJ t Si O W 0 �C m G1 C C sr-I C Sr MS h 7 rt +i L S. L U "4 L i I N Ct tt 0 C 0 v m4 m X -, 0 v C z C 0 v J 0. r r0 4 N 0 >• Ti L 7.1 v C 0 v v • v cc C7Lt Ca v 0 C cU J . 0 Icc ci r a " _ wtn. v - 0v 'C a z 0 N m m 0 ?it t a O X s. vav0 _ r rsa S.. O GrC - - m v ° v \ c goi v � t v > c Cr' 'O C 6 0 C ^:.' 0 m o r L • •ti cn •C V y N • Z C it C v 0 CU •.i 4 t6 - a C cc -' 11.4 C c7 C v c J 0 0 u ¢1 SdS.e \ 7 S 1.1 c-- c to m e -- LEGAL DESCRIPTION OF LAND TO BE ANNEXED: THAT PART OF THE NORTHEAST ONE-QUARTER SECTION 1, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER SAID SECTION 1; THENCE N89'51 '00"W ALONG THE NORTH LINE SAID NORTHEAST ONE-QUARTER A DISTANCE OF 59.62 FEET, SAID POINT BEING ON A CURVE TO THE LEFT, THE DELTA OF SAID CURVE IS 00'28'36", THE RADIUS OF SAID CURVE IS 3655.93 FEET, THE CHORD OF SAID CURVE BEARS 309'34'51"W 30.41 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 30.41 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 52; THENCE N89'51 '00"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 39.32 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT, THE DELTA OF SAID CURVE IS 03'50'05", THE RADIUS OF SAID CURVE IS 11360.00 FEET, THE CHORD OF SAID CURVE BEARS S88'19'21 '1N 760.15 FEET; THENCE ALONG THE. ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 760.29 FEET TO A POINT; THENCE S86'23'00"W ALONG. SAID RIGHT-OF-WAY LINE A DISTANCE OF 316.00 FEET; THENCE N89'5I '00"W ALONG SAID RIGHT- OF-WAY LINE A DISTANCE OF 757.74 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE EXISTING CITY OF DACONO CITY LIMITS; THENCE SOO'06'46"W PARALLEL WITH THE WEST LINE NORTHEAST ONE- QUARTER SAID SECTION 1 A DISTANCE OF 525.68 FEET; THENCE N90'00'00"E A DISTANCE OF 1728.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE THE ABANDONED UNION PACIFIC RAILROAD; THENCE S18'59'00"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 2019.99 FEET; THENCE N89'51'00"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1600.73 FEET TO A POINT ON THE EAST LINE OF THAT PARCEL DESCRIBED IN BOOK 1152 AT PAGE 315, WELD COUNTY RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE FOLLOWING COURSES AND DISTANCES: NOO'06'46"E 161.00 FEET; N89'S1 '00"W 142.00 FEET; NO0'06'46"E 730.00 FEET; `` S89'51 '00"E 20.00 FEET; NOO'O6'46"E 20.00 FEET; N89'51 '00"W 20.00 FEET; NO0'06'46"E 1153.94 FEET TO THE SOUTHWEST CORNER OF LOT A OF RECORDED EXEMPTION NO: 1467-01 - 1 -RE1656; THENCE S89'5I'00"E ALONG THE SOUTH LINE SAID LOT A A DISTANCE OF 368.06 FEET TO THE SOUTHEAST CORNER SAOD LOT A; THENCE NOO'06'46"E ALONG THE EAST LINE SAID LOT A A DISTANCE OF 368.06 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO • 44 STATE HIGHWAY NO. 52; THENCE S89'5I'00"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 300.00 FEET TO THE TRUE POINT OF BEGINNING. -* CONTAINS 95.08 ACRES MORE OR LESS. 4 4 CITY OF DACONO, COLORADO NOTICE OF PUBIC HEARINGS BEFORE THE PLANNING COMMISSION AND CITY COUNCIL ON AN ANNEXATION AND ZONING CHANGE REQUEST FOR THE PROPOSED GATEWAY ANNEXATION Notice is hereby given that the Planning Commission of the City of Dacono will hold a Public Hearing commencing at 6:00pm, Tuesday, August 11, 1998, at Dacono City Hall, 512 Cherry, Dacono, Colorado 80514. The purpose of the Public Hearing is to consider a request of Annexation and Zoning Change of the proposed Gateway Annexation. Further Notice is hereby given that the City Council of the City of Dacono will hold a Public Hearing commencing at 7:00pm. Monday, August 24. 1998. at the Dacono City Hall. 512 Cherry, Dacono, CO 80514. The purpose of the Public Hearing is to consider such request for approval of an Annexation and Zoning Change of the proposed Gateway Annexation. Any person may appear at the Public Hearings and be heard regarding the matters under consideration. The approximate location of the proposed Annexation is the south-east corner of I-25 / HWY 452. Copies of the petition for Annexation and Zoning Change are on tile and available for public inspection in the office of the Dacono City Hall. 512 Cherry. Dacono, Co., 80514 during regular business hours. Dated this 17th day of July, 1998. CITY OF DACONO, COLORADO Nancy Elliott City Clerk luvp �' Ata0 ems. PL Pw; c/a, cin • soyg (&pi RESOLUTION NO. 98- N- A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR ANNEXATION PETITIONS FILED WITH THE CITY OF DACONO, FOR PROPERTY TO BE KNOWN AS THE GATEWAY ANNEXATION TO THE CITY OF DACONO, AND SETTING A PUBLIC HEARING THEREON. 'WHEREAS, petitions for annexation of certain properties, to be known as the Gateway Annexation, have been filed with the city Council of the City of Dacono; and WHEREAS , the City Council has reviewed the petitions ; and WHEREAS , the City Council wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions ; and WHEREAS, the City Council has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: Section 1. The petitions, the legal descriptions for .which are attached hereto as Exhibit A, are in substantial comp fiance with the applicable laws of the State of Colorado . Section 2 . No election is required under §31-12-107 ( 2) , C.R.S . Section 3 . No additional terms and conditions are to to imposed except any provided for in the petitions . Section 4 . The City Council will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104 , C.R. S . and with §31-12-105 , C.R. S . , and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petitions , at the Dacono City Hall , 512 Cherry Stre4t, Dacono, Colorado 80514 , at the following date and time: 0,st t , ;; , 1998 , at 7 : 00 p.m. Section 5 . Any person may appear at such hearing and present evidence relative to the proposed annexations , or the proposed zoning if requested in the petitions. Section 6 . Upon completion of the hearing, the City Council will 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 1 --- , - _ . . . ..__ • have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7 . If the City Council 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 City Council will pass one or more ordinances annexing the subject properties to the City of Dacono, and will pass one or more ordinances zoning the subject properties if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this day of n.Lva/ , 1998 . CITY OF DACONC, COLD RACO Mayor ATTEST: 1 City dlerk ,` 070998/1511[tati d:dacono\annexation\9atecom.res 2 Crec a 0 e urban design, inc. 3555 stanford road, suite 105 TRANSMITTAL LETTER fort collFAX(970)226-4074 FAX (970) 226-4196 TO: City of Dacono DATE: June 18, 1998 PROJECT: Dacono Gateway Center PROJECT NO: 6810 We are transmitting the following: 1 each Land Use Application for Annexation and Zoning 1 each Original Annexation Petition 2 each Copies of Annexation Petition 2 each Annexation Map (original, signed and sealed vellum and one blueline print) 2 each Prints of Proposed Zoning Boundary Map 2 each Prints of Illustrative Concept Plan Please do not hesitate to contact me with any questions, or for additional copies of the submittal materials — (970) 226-4074. HAND DELIVERED Sincerely, htlAit.i� ,( ( dam -aft Kimberly C. Mier, AICj Cityscape Ur an Design, Inc. • y r N. CITY OF DACONO LAND USE APPLICATION FORM is/ e dapm Land Use Information Project Name: Dacono Gateway Center Annexation Project Location: Southeast corner of the I-25/SR-52 Interchange. Project Description: Annexation of 148.131± acres Gross Acreage of Project: 148.131+ Existing Zoning: Weld County. A (Agricultural) Proposed Zoning: C-R, Commercial-Residential and I-1, Light Industrial Proposed Use(s): Mixed Use Total # of Dwelling Units: To be determined Total Gross Floor Area (non-residential projects): To be determined General Information Owner's Name(s): Dacono Investments, Ltd., LLLP Street Address: do Harvey Young, 3659 South Newport Way City, State, Zip: Denver, CO 80237-1241 Applicant/Consultant(s) Name: Kimberly Meyer. AICP, Cityscape Urban Design, Inc. Street Address: 3555 Stanford Road, #105 City, State, Zip: Fort Collins, CO 80525 Type of Request* (please check type of application submitted) X Annexation and Zoning $2,500 Variances, appeals $25 Special Use Permit $45 Special Use Permit, Multiple Application $100 Special Review $50 Rezoning $500 + actual costs Subdivision or PUD (4 or less lots) $500 + actual costs Subdivision or PUD (more than 4 lots) $2500 + actual costs *All applicable application fees must be paid at time of submittal. Certification: I certify that the information and exhibits submitted are true and correct to the best of my knowledge and that in filing this application, I ant acting with the knowledge, consent and authority of the owner of the property. Name: K.A.Mt4eiiii r_ /tLG. . Kimberly Meyer, AICP, Cityscape Urban Design, Inc. Address: 3555 Stanford Road,)j#105, Fort Collins, CO 80525 Telephone: (970) 226-4074 / Fax: (970) 226-4196 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the Dacono Gateway Center Annexation to the City of Dacono. As part of this petition, your petitioners further state to the City Council that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Dacono. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be contiguous with the City of Dacono within such time as required by Section 31-12-104. b. A community of interest exists between the area proposed to be annexed and the City of Dacono. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting or one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which 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, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the I area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j. The territory proposed to be annexed is 148.131 acres in total area. k. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, play- grounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108.5, C.R.S. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, and comprising more than fifty percent of the landowners of the area proposed to be annexed, have signed this petition • and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies 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, said map prepared by and containing the seal of a registered engineer, 2 c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part of all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules and regulations of the City of Dacono, except for general property taxes of the City of Dacono, which shall become effective as of the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed am C- R, Commercial Residential, and /-1, Light Industrial. (See attached Proposed Zoning District Boundary map.) 7. If required by the City, an annexation agreement has been or will be executed by the petitioners herein and the City of Dacono relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 8. The petitioners agree to the following terms and conditions, which shall be covenants running with the land: See attached Exhibits. WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: 3 Signature Sheet for DACONO GATEWAY ANNEXATION DA ..0 6,,.Tu„..9y , lrDv LLL 1P 1. b y --a Ct Q O Q 4 Y— 9 L. O Registered Elector/ Signature of Landowner/Petitioner 0 Date Resident Landowner 131 Non-resident Landowner GRN. ,LIT X, 7 , C0 orii Mailing address 2. 0 Registered Elector/ Signature of Landowner/Petitioner Date Resident Landowner U Non-resident Landowner Mailing address 3. U Registered Elector/ Signature of Landowner/Petitioner Date Resident Landowner ❑ Non-resident Landowner Mailing address 4. U Registered Elector/ Signature of Landowner/Petitioner Date Resident Landowner O Non-resident Landowner Mailing address STATE OF COLORADO SS COUNTY OF ) The above and forego g signatures were subscribed and sworn to before me this day of June, 1998. Witness my hand and official seal. My commission expires on: 9•-629' Notary Public 4 EXHIBIT INDEX A: Legal Description for Dacono Gateway Center Annexation B: Proposed C-R Zoning District Boundary Legal Description C: Proposed I-1 Zoning District Boundary Legal Description MAP INDEX Annexation Plat for Dacono Gateway Center Annexation Proposed Zoning District Boundary Map $ Exhibit A: Legal Description for Dacono Gateway Center Annexation That part of the Northwest Quarter of Section 2, Township 1 North, Range 68 West of the 6`" Principal Meridian, County of Weld, State of Colorado excepting therefrom the right-of-way for Colorado Highway No. 52 and Interstate Highway No. 25 being more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence North 90°00'00" East along the North line of said Section 2 a distance of 1307.64 feet to the Northeast Corner of the West half of the Northwest Quarter of said Section 2; thence departing said North line and along the East line of the West half of the Northwest Quarter of said Section 2 South 00°14'48" West 75.44 feet to the TRUE POINT OF BEGINNING; said TRUE POINT OF BEGINNING being a point on the south right-of-way line of said Colorado State Highway No. 52; thence departing said line and along the South right-of-way line of said Colorado State Highway No. 52 North 89°54'23" East 1307.83 feet to a point on the South right-of-way line of said Colorado State Highway No. 52 as described in deed recorded in Book 1552, Page 437 records of said county also being a point on the North-South centerline of said Section 2; thence departing said South right-of-way line and along the North-South centerline of said Section 2 South 00°06'22" West 2589.34 feet to the Center Quarter Corner of said Section 2; thence along the East-West centerline of said Section 2 South 89°43'56" West 1314.21 feet to the Southeast Corner of the West half of the Northwest Quarter of said Section 2; thence continuing along the East-West centerline of said Section 2 South 89°43'56" West 1263.75 feet to a point on the East right-of-way line of Interstate Highway No. 25; thence along said East right-of-way line North 00°22'09" East 1489.19 feet; thence continuing along said East line North 16°33'18" East 1070.65 feet to a point on the South right-of-way line of State Highway 52; thence along said South right-of-way line North 85°00'43" East 963.89 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 148.131 acres more or less and is subject to all easements, agreements and rights-of-way of record. 6 Exhibit B: Proposed C-R Zoning District Boundary Legal Description That part of the Northwest Quarter of Section 2, Township 1 North, Range 68 West of the 6'h Principle Meridian, County of Weld, State of Colorado excepting therefrom the right-of-way for Colorado State Highway No. 52 and Interstate Highway No. 25 bring more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence North 90°00'00" East along the North line of said Section 2 a distance of 1307.64 feet to the Northeast Corner of the West half of the Northwest Quarter of said Section 2; thence departing said North line and along the East line of the West half of the Northwest Quarter of said Section 2 South 00°14'48" West 75.44 feet to a point on the South right-of-way line of said Colorado State Highway No. 52; thence departing said line and along the South right-of-way line of said Colorado State Highway No. 52 North 89°54'23" East 1307.83 feet to a point on the South right-of-way line of said Colorado State Highway No. 52 as described in deed recorded in Book 1552, Page 437 records of said county also being a point on the North-South centerline of said Section 2; thence departing said South right-of-way line and along the North-South centerline of said Section 2 South 00°06'22" West 410.00 feet to a point on the North-South centerline of said Section 2; then departing said North-South centerline of said Section 2 South 89°54'23" West 768.00 feet; thence South 00°06'22" West 835.01 feet; thence South 45°00'00" West 300.00 feet; thence South 44°14'19" East 164.65 feet; thence South 25°03'17" East 227.96 feet; thence South 50°45'32" East 117.52 feet; thence South 74°17'40" East 350.71 feet; thence North 89°43'56" East 288.08 feet to a point on the North-South centerline of said Section 2; thence South 00°06'22" West 610.02 feet to the Center Quarter Corner of said Section 2; thence along the East-West centerline of said Section 2 South 89°43'56" West 1314.21 feet to the Southeast Corner of the West half of the Northwest Quarter of said Section 2; thence continuing along the East-West centerline of said Section 2 South 89°43'56"West 341.78 feet; thence departing said East-West centerline of said Section 2 North 00°00'00" West 571.02 feet to a point of curve to the left; thence Northwesterly 447.63 feet along the arc of said curve the radius being 610.00 feet; thence North 42°02'43" West 183.87 feet; thence North 40°50'03" West 272.17 feet; thence South 40°22'13" West 193.71 feet; thence South 16°25'15" West 108.79 feet; thence South 46°03'43" West 247.70 feet; thence South 87°30'55" West 141.60 feet; thence South 53°55'31" West 200.51 feet to a point on the East right-of-way line of Interstate Highway No. 25; thence along the East right-of- way line of Interstate Highway No. 25 North 00°22'09" East 916.78 feet; thence continuing said East line North 16°33'18" East 1070.65 feet to a point on the South right-of-way line of State Highway 52; thence along South right-of-way line North 85°00'43" East 963.89 feet to THE TRUE POINT OF BEGINNING. The above described parcel of land contains 103.002 acres more of less and is subject to all easements, agreements and rights-of-way of record. 7 Exhibit C: Proposed I-1 Zoning District Boundary Legal Description Southwest I-1 Zone That part of the Northwest Quarter of Section 2, Township 1 North, Range 68 West of the 6th Principle Meridian, County of Weld, State of Colorado excepting therefrom the right-of-way for Colorado State Highway No. 52 and Interstate Highway No. 25 bring more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence North 90°00'00" East along the North line of said Section 2 a distance of 1307.64 feet to the Northeast Corner of the West half of the Northwest Quarter of said Section 2; thence departing said North line and along the East line of the West half of the Northwest Quarter of said Section 2 South 00°14'48" West 75.44 feet being a point on the South right-of-way line of State Highway No. 52; thence departing said East line South 85°00'43" West 963.89 feet along said South right-of-way line of State Highway No. 52 to a point on the East right-of-way line of Interstate Highway No. 25 ; thence along the East right-of-way line of Interstate Highway No. 25 South 16°33'18" West 1070.65 feet; thence continuing along said East line South 00°22'09" West 916.78 feet to the TRUE POINT OF BEGINNING; thence departing the East right-of-way line of Interstate Highway No. 25 North 53°55'31" East 200.51 feet; thence North 87°30'55" East 141.60 feet; thence North 46°03'43" East 247.70 feet; thence North 16°25'15" East 108.79 feet; thence North 40°22'13" East 193.71 feet; thence South 40°50'03" East 272.17 feet; thence South 42°02'43" East 183.87 feet to a point of curve to the right; thence Southeasterly 447.63 feet along the arc of said curve the radius being 610.00 feet; thence South 00°00'00" East 571.02 feet to a point on the South line of the West half of the Northwest Quarter of said Section 2; thence along the South line of the West half of the Northwest Quarter of said Section 2 South 89°43'56" West 921.95 feet to a point on the East right-of-way line of Interstate Highway No. 25; thence along said East right-of- way line of Interstate Highway No. 25 North 00°22'09" East 572.38 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 17.233 acres more of less and is subject to all easements, agreements and rights-of-ways of record. a Eastern I-1 Zone That part of the Northwest Quarter of Section 2, Township 1 North, Range 68 West of the 61' Principle Meridian, County of Weld, State of Colorado excepting therefrom the right-of-way for Colorado State Highway No. 52 and Interstate Highway No. 25 bring more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence North 90°00'00" East along the North line of said Section 2 a distance of 1307.64 feet to the Northeast Corner of the West half of the Northwest Quarter of said Section 2; thence departing said North line and along the East line of the West half of the Northwest Quarter of said Section 2 South 00°14'48" West 75.44 feet to a point on the South right-of-way line of said Colorado State Highway No. 52; thence departing said line and along the South right-of-way line of said Colorado State Highway No. 52 North 89°54'23" East 1307.83 feet to a point on the South right-of-way line of said Colorado State Highway No. 52 as described in deed recorded in Book 1552, Page 437 records of said county also being a point on the North-South centerline of said Section 2; thence departing said South right-of-way line and along the North-South centerline of said section 2 South 00°06'22" West 410.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said North- South centerline of said Section 2 00°06'22" West 1569.32 feet; thence departing said North- South centerline of said Section 2 South 89°43'56" West 288.08 feet; thence North 58°33'02" West 54.71 feet; thence North 74°17'40"West 350.71 feet; thence North 50°45'32" West 117.52 feet; thence North 25°03'17" West 227.96 feet; thence North 44°14'19" West 164.65 feet; thence North 45°00'00" East 300.00 feet; thence North 00°06'22" East 835.01 feet; thence North 89°54'23" East 768.00 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 27.896 acres more or less and is subject to all easements, agreements and rights-of-way of record. 9 LEGAL DESCIPTIO \ 5.7 ..cataual That part of the Northwest Quarter of Section 2, Township 1 North , Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado excepting therefrom the right—of— way for Colorado State Highway No. 52 and Interstate Highway Q No. 25 being more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence North 90°00'00" East along the North line of said Section 2 a distance of 1307. 64 feet to the Northeast Corner of the West half of the Northwest Quarter of said Section 2; thence departing said North line and along the East line of the West half of the Northwest Quarter of said Section 2 South 00° 14'48" West 75.44 feet to the TRUE POINT OF BEGINNING; said TRUE POINT OF BEGINNING being a point on the south right—of—way line of said Colorado State Highway No. 52; thence departing said line and along the South right—of—way line of said Colorado State Highway No. 52 North 89°54'23" East 1307.83 feet to a point on the South right—of—way line of said Colorado State Highway No. 52 as described in deed recorded in book 1552, page 437 records of said county also being a point on the North—South centerline of said Section 2; thence departing said South right—of--way line and along the North — South centerline of said Section 2 South 00°06 '22" West 2589.34 feet to the Center Quarter Corner of said Section 2; thence along the East—West centerline of said Section 2 South 89°43'56" West 1314.21 feet to the Southeast Corner of the West half of the Northwest Quarter of said Section 2; thence continuing alone the East—West centerline of said Section 2 South 89°43'56 West 1263.75 feet to a point on the East right of—way line of Interstate Highway No. 25; thence along said East right—of—way line North 00°22'09 " East 1489. 19 feet; thence continuing along said East line North 16°33' 18" East 1070.65 feet to a point on the South right—of—way line of State Highway 52; thence along said South right—of—way line North 85°00'43" East 963.89 feet to the TRUE POINT OF BEGINNING. he above described parcel of land contains 148. 131 acres ore or less and is subject to all easements, agreements d rights—of—way of record. 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