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Home My WebLink About20242230.tiffTOWN OF LOCHBUIE LOCH BU I E 703 WELD COUNTY ROAD 37 LOCHBUIE. COLORADO 80603 PHONE: (303) 655-9308 FAx: (303) 655-9312 August 27, 2024 Weld County Board of County Commissioners Attn: Ms. Esther Gesick Clerk to the Board of County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80632 egesick@weld.gov VIA E-MAIL DELIVERY AND FEDEX MAIL DELIVERY Re: Annexation Impact Report for the BNSF Annexation No. 4 Dear Members of the Board of County Commissioners: RECEIVED AUG 28 2024 WELD COUNTY COMMISSIONERS In accordance with the requirements of the Municipal Annexation Act of 1965, as amended, please find enclosed the annexation impact report ("Report") for an annexation to be known as the BNSF Annexation No. 4, submitted by BNSF Railway Company. It is being reviewed and evaluated by the Town of Lochbuie staff and is scheduled for an eligibility hearing to be conducted by the Town of Lochbuie Board of Trustees on September 17, 2024, at 6:30 PM. Please contact me via email at ckennedy@lochbuie.org or at 303-990-5324, for any follow-up information you may need. Sincerely, Christopher Kennedy Community Development Director Enclosures: Annexation Impact Report I�u1�liL`i��v; eu) qIc (v -E c,G so (Bs) ?t_ Cf-F-I k t. ri � �� -pit; (N -I- [ Di)/ D 1.1(513) , A -s (D , Gls (5 I M P), LtR5 Annexation Impact Report For BNSF Annexation No. 4 Prepared for The Town of Lochbuie 703 WCR 37 Lochbuie, Colorado 80603 August 23, 2024 Table of Contents I. Introduction II. Annexation Map III Utilities/Municipal Services IV. Municipal Services Financing V. Special Districts Vi. Impact on Public School District Systems Exhibit A Legal Description Exhibit B Annexation Map Exhibit C-1 BNSF Annexation Canals and Ditches Exhibit C-2 BNSF Annexation Primary Roads Exhibit D-1 Water System Master Plan Map Exhibit D-2 Waste Water System Master Plan Map Exhibit E Lochbuie 2018 Comprehensive Plan — Future Land Use Map Exhibit F Lochbuie Official Zoning Map Exhibit G 2023 Weld County Tax Levies I. Introduction This impact report is provided pursuant to C.R.S. § 31-12-108.5. The Town of Lochbuie, Colorado (the "Town"), has received annexation petitions for approximately 83 acres of real property, more or less, located in unincorporated Weld County, owned by: BNSF Railway Company ("Property"). The Property is generally located at the southeast corner of CR41 an,d CR6. The property is adjacent to and east of I-76 and south of WCR 6, comprising a portion of Section 28 of Township IN, Range 65W, County of Weld, State of Colorado and is legally described in Exhibit A. The existing land use pattern of the Property is comprised of vacant, agricultural land, and the proposed land use pattern is anticipated to be an intermodal transportation facility that will provide for a combination of rail and transport service activities. The Property is proposed for zoning as industrial under Article 2 of Chapter 19 of the Lochbuie Municipal Code, as shown on Exhibit F-2. On September 17, 2024, the Town's Board of Trustees will hold a public hearing to consider whether it can annex the Property (eligibility and contiguity) considering the requirements and limitations under the Municipal Annexation Act of 1965. II. Exhibits The Property is depicted on the Annexation Map, attached hereto as Exhibit B. Pursuant to C.R.S. § 31-12-108.5, the annexation maps also include the present and proposed boundaries of the Town in the vicinity of the proposed annexation. Exhibits C -1 and C-2 and D-1 and D-2, collectively, show the following: the present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Exhibit E is the 2018 Comprehensive Plan, showing existing and proposed land use patterns in the vicinity of the property being annexed. However, the Town is currently in the process of updating its Comprehensive Plan. For more information on the status of the Town's efforts, please visit the following website: https://www.lochbuie.org/community-dev/page/comprehensive-plan. Exhibit F-1 is the Town's current Zoning Map, showing existing zoning in the vicinity of the proposed annexation. III. Utilities/Municipal Services Water and Wastewater The annexation will require the extension of water services to the property. The Town will provide water utility services to the Property, after the Property owner, or the then -current owner of the Property at the time of development application approval, satisfies all requirements of the Lochbuie Municipal Code, including the construction of all water infrastructure and facilities required to deliver the projected treated and non -potable water needs of the proposed development, including pressure and flow for normal operation of plumbing fixtures, water using appliances, requirements set by the responsible fire protection agency, and irrigation. The annexation will require the extension of wastewater services to the property. The Town will provide wastewater utility services to the Property, after the Property owner, or the then -current owner of the Property at the time of development application approval, satisfies all requirements of the Lochbuie Municipal Code, including the construction of all sanitary sewer infrastructure and facilities required to accommodate the sewage disposal needs of the proposed development. Other Utilities CenturyLink currently provides telephone service within the proposed annexation vicinity. No change in this service is proposed. United Power/Xcel Energy currently provides electrical service to the Property, and Xcel Energy provides natural gas service to the Property. No change in this service is proposed. Police and Fire Protection The Town provides its police protection and will extend police protection services to the Property, to the same extent and on the same terms and conditions as such services are provided to other properties throughout the Town. These services will be financed from the Town's general fund or other available revenues. Hudson Fire Protection District will provide fire protection services to the Property. These services will be financed through the Fire District's mill levy assessed against the Property. Street Maintenance and Improvements Any new streets or roadways to be constructed on the Property or off -site, based on the annexation proposal, will be the financial responsibility of the Property owner or developer. The Property owner will maintain all private streets serving the proposed development. The Town will maintain any such new public right-of-way after their construction and preliminary acceptance by the Town, indicating they have become part of the Town's municipal street system. The Town will provide all customary public roadway and maintenance services to any existing public streets or roadways that are being annexed, upon the same terms and conditions as such services are provided to other existing streets that are part of the Town's municipal street system. All customary roadway and maintenance services will be financed from the Town's general fund or other available revenues. Other Municipal Services Upon annexation, the Town shall provide all customary public safety (but excluding fire protection) services to the Property, to the same extent and on the same terms and conditions as such services are provided to other properties throughout the Town. These services will be financed from the Town's general fund or other available revenues. IV. Municipal Services Financing The property owner will be financially responsible for any required on -site and off -site public infrastructure and utility extensions to ensure the proposed development will be served by adequate water, sewer, and other utility services. The development and construction of future sewer, water, and storm sewer infrastructure may also be accomplished by one or more of the following financing methods: (a) Lochbuie development impact fees; (2) Lochbuie utility enterprise impact fees; (c) metropolitan districts; (d) downtown development or urban renewal authorities; (e) special improvement districts; and/or (f) otherwise by agreement between the Town and the developer as deemed appropriate. To the extent any other additional infrastructure construction is required, such construction can be accommodated within the Town's current budget. V. Special Districts The proposed annexation area is encompassed within the following districts: Hudson Fire Protection District Weld County RE -3J School District Aims Junior College Central Colorado Water (CCW) Central Colorado Water Subdistrict (CCS) High Plains Library West Adams Conservation All taxing entities are identified with the current 2023 property tax mill levy attached hereto as Exhibit G. VI. School District Impact The annexation's impact on the school district in terms of the number of students to be generated is as follows: The Property is anticipated to be developed for rail and transport service uses and, thus, the annexation proposal is not expected to generate a student -aged population and no additional capital construction by the school district is anticipated to be required. Consequently, annexing the Property will likely not negatively affect the local -public school district system. Any future development proposals will be sent to the School District for review and comments. The School District has received a referral request for their review and comment, but the Town has not received a response from the School District as of the date of this Report. *Please contact Sonya Thornton at 303-990-5773 or SThornton@tochbuie.org to request any of the provided maps in a larger format or in electronic format. BNSF PROPERTY WITHIN ANNEXATION 4 A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28 TO HAVE AN ASSUMED BEARING OF N89° 15'26"E, A DISTANCE OF 2637.96 FEET, MONUMENTED AT THE WEST BY NO.6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE EAST BY A NO. 6 REBAR OF UNKNOWN LENGTH WITH 3.25" ALUMINUM CAP, STAMPED "PLS 10855", AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. COMMENCING AT THE SAID NORTH QUARTER OF SECTION 28, MONUMENTED WITH A NO. 6 REBAR OF UNKNOWN LENGTH WITH A 3.25" ALUMINUM CAP, STAMPED "PLS 10855"; THENCE S89° 15'26"E, A DISTANCE OF 696.76 FEET ON SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE S00°22'49"E, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE S00°22'49"E, A DISTANCE OF 2.00 FEET; THENCE N89°15'26"E, A DISTANCE OF 2.00 FEET; THENCE S00°22'49"E, A DISTANCE OF 1,313.12 FEET; THENCE S89°15'30"W, A DISTANCE OF 1,913.15 FEET; THENCE N00°22'50"W, A DISTANCE OF 1,315.09 FEET; THENCE N89°15'26"E, A DISTANCE OF 1,911.15 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 2,515,928.35 SQUARE FEET OR 57.758 ACRES, MORE OR LESS. BNSF ANNEXATION NO.4 a»Exuww 10 ne .ow« aF wueue. �oc.�rm x sccnaas xo, xi. �ova zr. ui a lawawv + uoRrx. wv�ne m was nff mn v.�t. wsin wi»+rv. caoruoo 9�wo vsxc 1 BNSF ANNEXATION NO.4 '11w rwney+vIwortm. Zoe eewanE ern r.s_wan caixrr, cannnm Galoway a�naese.� • 2 Gaiaway • 3 BNSF Annexation Primary Roads and Canals This map is *thematic in nature. Survey is recommended far specific locations. CR4i0;w 1 / CRt CR 6 CR 4 CR1 • ... 3 aaa. arse aaaa i I 25 S /1�•f~1,41NIFTTII- i tJ tom _-.11-0 A "Y 1 7.alpien am! EXHIBIT D-1 Anrexabor Impact Report - BNSF Arsenal/or Not 1-3 1 rr 5 • S. • I a ♦` es AMOS a teNia 4104 23 x•. • 1 1 1 a an a us nail eaa ...... aaa as a a a a a U. A In s t , ci Mann: Earl. HERE Gamin. Yttorrnap, intreman%) Corp.. GE8CO. MOS. FAO, NM, NRCAN, Galas& IGN, Kadaatar NL. Ordnance Stivey. Eva Japan. MET!. Earl Chtno (Hong Kong). (c) 'Ann -Shealy cortntanors. and the WS Uses C•.ntrnmhr 1 t I. w • Anticipated 30 -Year Development Am ® Proposed Future Weter Mains Developments 1- Blue Lake 2 - Slyer Peaks 3 - Loehwood Farms 4 -WIMP 5 - Fox Pointe 6 - Loahbuje Station T - Mixed -Use District - IIghptains 9 - Commercial 10 - Mixed -Use District 11 - Mixed -Use District 12 - State Land Board 13 - Single Fundy Res 14 - Single Fancy Res 15 - Open Space 16 -STREAM 17 -Alb tare 18 - Lodrwood 0 0.130.3 09 0.9 19 - Fruition 20-LIAnnex 21 - Highlands MM U amen 22 - Lod'tbule Center 23 - Future Indust's, 24 - Kairoi 25 - Verona 2e - ktdustrial Mulching 12 1.5 5 tC a Town of Lochbuie ! 0 a 2 a •O 4 1 A 0 Utility Plan 2022 EXHIBIT D-2 Annexation Impact Report -- BNSF Annexation Nos. 1-3 Executive Summary Figure 2-4. Lochbuie WWTP — Trunklines and Expanded WUSA — Revised per Public Comment CO14 highway. 52 .CO 12 Future Growth WUSAs 5 Year I lloYear 15 Year 20 Year 0 0.25 0.5 1 r: .^ Potential Additional �---% Lochbuie WUSA r 1.5 tMIZMIIMINIIIIM Existing Lochbuie WUSA BNSF 1 "W . MNILP 2 Mites Proposed Lift Station Buildout System Proposed Sanitary Proposed Force Main Tributaries N D larasary a2023 � • - Town of Lochbuie Full Buildout System Scenario Imo W'ESTCOtJA v0 sox tstsoo RTNMA1 cMAortvt'It•a ti.S,stTiNrt.t AWL LAMV1OO r.CO�tit6 ]B3 AV lift rats_ DitigrH 5EP' _�__ �'-' •-- a Crepe WP . 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'VI • Owl tUri — °Ir, R•n•d ts:—a torn tYen ftat Stay ->R• slit Exhibit G 2023 Weld County Tax Levies Tax Authorities Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R6797496 147328000054 Agricultural 2024 894,579 86,480 Tax Area *District ID : District Name 2499 0700 AIMS JUNIOR COLLEGE 2499 0302 CENTRAL COLORADO WATER (CCW) 2499 1050 HIGH PLAINS LIBRARY 2499 0509 HUDSON FIRE 2499 0203 SCHOOL DIST RE3J-KEENESBURG 2499 0100 WELD COUNTY 2499 1209 WEST ADAMS CONSERVATION Total Current MITI Levy 6.338 0.891 3.198 9.370 18.793 12.024 0.000 48.61 TOWN OF LOCHBUIE COUNTIES OF WELD AND ADAMS STATE OF COLORADO RESOLUTION NO. 2024-45 RECEIVED AUG 22 2024 WELD COUNTY COMMISSIONERS A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO, ACCEPTING AND FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR CERTAIN REAL PROPERTY LOCATED IN WELD COUNTY, COLORADO, TO BE KNOWN AS THE BNSF ANNEXATION NO.4, AND SETTING A PUBLIC HEARING ON SUCH PETITION IN ACCORDANCE WITH THE MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, a written petition requesting the annexation of certain real property, to be known as the Burlington Northern Santa Fe Annexation No. 4 ("Petition"), and as further described in Exhibit A ("Property"), has been filed of record with the Town Clerk of the Town of Lochbuie, State of Colorado ("Town"), who has provided copies of such petition to the Board of Trustees ("Board") upon receipt; and WHEREAS, the Petition has been referred to the Town Board for a determination of substantial compliance with the requirements of C.R.S. § 31-12-107(1); and WHEREAS, the Town Board has taken official notice of all maps, records, and other information and materials on file with the Town, regarding the Petition; and WHEREAS, the Town Board has examined the Petition and finds as follows: 1. That the Petition contains: (a) An allegation that it is desirable and necessary that such area be annexed to the Town of Lochbuie and the requirements of C.R.S. §§ 31-12-104 and 31-12-105 exist or are met. (b) An allegation that the signers of the Petition, comprise more than fifty percent (50%) of the landowners of the area proposed to be annexed and own more than fifty percent (50%) of the area proposed to be annexed, exclusive of public streets and alleys and any land owned by the Town of Lochbuie. (c) A request that the Town of Lochbuie approve the annexation of the Property, as more particularly described in Exhibit A. (d) The signature of the landowners that executed the petition. (e) The mailing address of the landowner signers. (f) The legal description of the Property and a legal description of the specific real property owned by the landowners that executed the petition. (g) The date that the landowners executed the petition. ;. SD Cgs) ,?L (Ez-1 µ -1-1.1 1)1 -(- ),No (pi IDi) IA055)) ,4}-5 -C)KI G)► Gts C.5q-r?), M��s 2024-2230 • Page 2 (h) The affidavit of petition circulator(s); stating that the signature of each landowner therein is the signature of the person whose name it purports to be. 2. That four (4) copies of the annexation map corresponding to the Property have been submitted to the Town with the Petition, and that each annexation map contains the following information: (a) A written legal description of the boundaries of the property proposed to be annexed. (b) A map showing the boundary of the property proposed to be annexed. (c) Within the map, the boundaries and the plat numbers of plots or of lots and blocks. (d) Next to the property proposed to be annexed, a drawing of all contiguous municipal boundaries. 3. That no signature on the Petition is dated more than one hundred eighty (180) days prior to the date of filing of the Petition for Annexation with the Town Clerk of the Town of Lochbuie, State of Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Lochbuie, Colorado that: Section 1. That the foregoing recitals and findings are incorporated herein as findings and conclusions of the Town Board. Section 2. The Petition for Annexation of the real property described and shown in Exhibit A, attached hereto and incorporated herein by this reference, to be known as the Burlington Northern Santa Fe Annexation No. 4, is determined to be in substantial compliance with C.R.S. § 31-12-107(1). Section 3. No election is required under C.R.S. § 31-12-107(2). Section 4. No additional terms and conditions are to be imposed except as provided in each Petition for Annexation and in any annexation agreement which may be entered into by and between the Town of Lochbuie and the petitioner(s), which are not to be considered additional terms and conditions within the meaning of C.R.S. §31-12-112. Section 5. The Town Board shall hold a public hearing on the proposed annexation at a special meeting to be held on Tuesday, September 17, 2024, at 6:30 p.m., or as soon as thereafter possible, at the Lochbuie Town Hall, 703 WCR 37, Lochbuie Colorado 80603 and via teleconference with details on accessing such teleconference platform to be made publicly available on the Town web site at least 24 hours before the hearing, to determine if the proposed annexation as described in the Petition complies with Section 30 of Article II of the Colorado Constitution and C.R.S. §§ 31-12-104 and -105, or such parts thereof, as may be required to establish eligibility for annexation. Section 6. The Town Clerk shall publish a Notice of Public Hearing once a week for four successive weeks in a newspaper of general circulation in the area proposed to be annexed, Page 3 with the first publication of such notice to be at least thirty days prior to the date of the hearing. The Town Clerk shall further provide notice to the Clerk of the Board of County Commissioners of Weld County, the Weld County Attorney, and to any special district or school district having territory within the area proposed to be annexed, in the manner and within the time provided in C.R.S. § 31-12-108(2). Section 7. The Town staff and Town Attorney are hereby directed to take all such actions, including making any legal filings, as are necessary to comply with state law governing the process for annexing the Property. Section 8. This Resolution shall be effective immediately upon adoption. ADOPTED THIS 6TH DAY OF AUGUST, 2024. TOWN OF LOCHBUIE, COLORADO Jai i Jeffery, Ma ATTEST: By: AZO-) Heather Bowen, Town Clerk Page 4 EXHIBIT A BURLINGTON NORTHERN SANTA FE ANNEXATION NO.4 LEGAL DESCRIPTION Annexation Property 1 A TRACT OF LAND BEING A PORTION OF SECTIONS 20, 21, 28, AND 29, TOWNSHIP l NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 29 TO HAVE AN ASSUMED BEARING OF S00°22'50"E, A DISTANCE OF 2650.69 FEET, MONUMENTED AT THE NORTH BY NO.6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE SOUTH BY A NO.6 REBAR OF UNKNOWN LENGTH WITH NO CAP AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER OF SAID SECTION 21; THENCE S00°00'54"W, A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD8; THENCE N89°59'06"W, A DISTANCE OF 14.32 FEET ON SAID SOUTH LINE TO THE EASTERLY LINE OF THE STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 2018424, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE (3) COURSES: 1) THENCE 542°41'24"W, A DISTANCE OF 1,028.50 FEET; 2) THENCE S35°30'39"W, A DISTANCE OF 2,200.00 FEET; 3) THENCE S32°38'54"W, A DISTANCE OF 120.67 FEET; THENCE S89°36'10"W, A DISTANCE OF 1.99 FEET TO THE EASTERLY LINE OF SAID STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 1913279, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR (4) COURSES; 1) THENCE S27°52'26"W, A DISTANCE OF 75.93 FEET; 2) THENCE S36°00'25"W, A DISTANCE OF 442.80 FEET; 3) THENCE S18°44'25"W, A DISTANCE OF 675.39 FEET; 4) THENCE S00°36'l2"E, A DISTANCE OF 1,585.62 FEET TO THE NORTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; Page 5 THENCE N89°14'14"E, A DISTANCE OF 1,901.11 FEET ON SAID NORTHERLY LINE; THENCE S00°45'46"E, A DISTANCE OF 30.67 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE S00°22'49"E, A DISTANCE OF 32.00 FEET; THENCE N89° 15'29"E, A DISTANCE OF 2.00 FEET; THENCE S00°22'49"E, A DISTANCE OF 1,313.12 FEET; THENCE S89°15'30"W, A DISTANCE OF 1,913.15 FEET TO THE EASTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 41; THENCE S00°22'50"E, A DISTANCE OF 35.16 FEET ON SAID EASTERLY LINE; THENCE S89°37'10"W, A DISTANCE OF 60.00 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 41; THENCE N00°22'50"W, A DISTANCE OF 1,350.07 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE S89°39'27"W, A DISTANCE OF 19.55 FEET ON SAID LINE; THENCE N00°20'33"W, A DISTANCE OF 60.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 6 AND THE WESTERLY LINE OF THE STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 01911050, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N00°37'10"W, A DISTANCE OF 1,964.89 FEET ON SAID WESTERLY LINE; THENCE N35°17'22"E, A DISTANCE OF 840.09 FEET TO THE SOUTHWESTERLY LINE OF THE STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 2018424, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N35°30'39"E, A DISTANCE OF 3,254.57 FEET ON SAID WEST LINE; THENCE S89°59'06"E, A DISTANCE OF 273.26 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 3,384,213 SQUARE FEET OR 77.691 ACRES, MORE OR LESS PETITION FOR ANNEXATION TO TOWN OF LOCHBUIE, COLORADO TO: THE TOWN CLERK AND THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO RE: ANNEXATION OF APPROXIMATELY 77.691 ACRES IN WELD COUNTY, COLORADO, AS DESCRIBED ON EXHIBIT 1-A AND EXHIBIT 1-B ATTACHED HERETO THE UNDERSIGNED PETITIONER, in accordance with Title 31, Article 12, Part 1, of the Colorado Revised Statutes, as amended (commonly known as the Municipal Annexation Act of 1965), hereby petitions the Town of Lochbuie, a statutory municipality of the State of Colorado (the "Town"), for annexation of the unincorporated areas more particularly described in Exhibit 1- A ("Annexation Property No. 1") and as shown on Exhibit 1-B, the map designated as "BNSF Annexation No. 4," all attached hereto and incorporated herein by reference (collectively, the "Property"). In support of this Petition, the undersigned Petitioner alleges and states the following: 1. The legal description of the real property owned by Petitioner is legally described in Exhibit 2, attached hereto and incorporated herein by this reference, which is located within the Property proposed to be annexed. 2. That it is desirable and necessary that the Property be annexed to the Town. 3. That either (check one) a. the undersigned Petitioner, together with owner(s) submitting other valid petition(s) for annexation to the Town for the Property described in Exhibit 1, comprise more than fifty percent (50%) of the landowners of the area proposed to be annexed exclusive of streets, and by their signatures have attested to the facts and agree to the conditions herein contained negating the necessity for any annexation election OR b. _X the undersigned Petitioner, together with owner(s) submitting other valid petition(s) for annexation to the Town for the Property described in Exhibit 1 are landowners of more than fifty percent (50%) of the area proposed to be annexed, excluding public streets and alleys. 4. Petitioner, together with owner(s) submitting other valid petition(s) for annexation to the Town, hereby consents to the establishment of the boundaries of the territory to be annexed as shown in Exhibit 1. 5. That all requirements of Section 31-12-104 and 31-12-105 of the Municipal Annexation Act of 1965, as amended, exist or have been met in that: a. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town of Lochbuie, Colorado; b. A community of interest exists between the Property and the Town of Lochbuie; c. The Property is urban or will be urbanized in the near future, and the Property is integrated or is capable of being integrated with the Town of Lochbuie, Colorado; d. The Property is integrated or is capable of being integrated with the Town of Lochbuie, Colorado; e. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; f. No land area within the Property 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 comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; g. The Property is not presently part of any incorporated city, city and county, or town; h. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality, nor has any election for annexation of the Property to the Town been held within the twelve (12) months immediately preceding the filing of this Petition; i. The annexation of the Property will not result in the detachment of area from any school district or attachment of same to another school district; J. Annexing the Property will not have the effect of extending the boundary of the Town of Lochbuie more than three miles in any direction from any point of the boundary of the Town of Lochbuie in any one year; k. The entire width of all streets and alleys to be included within the Property are included; Annexation by the Town of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, because annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the Town. 2 6. The area proposed to be annexed is comprised of (check one): MORE THAN TEN ACRES AND THE BOARD OF COUNTY COMMISSIONERS OF ADAMS/WELD (circle appropriate jurisdiction) COUNTY HAS AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-108.5, C.R.S,. AS AMENDED. (Copy of resolution approving such waiver is provided.) _xMORE THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS REQUIRED. TEN ACRES OR FEWER AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS NOT REQUIRED. 7. That accompanying this Petition are four (4) copies of an annexation map containing the following information: a. a written legal description of the Property; b. a map showing the boundary of the Property; c. with the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is platted, then the boundaries and the plat number of plots or of lots and blocks are shown; and d. next to the Property, a drawing of all contiguous municipal boundaries. 8. That, in connection with the processing of this Petition, Petitioner requests that the Town: a. Institute zoning approval processes for the Property in accordance with C.R.S. § 31- 12-115 and Article II of Chapter 19 of the Lochbuie Municipal Code; and b. Undertake negotiations with respect to an annexation agreement between the Town and Petitioner in form and substance acceptable to the Town and Petitioner ("Annexation Agreement") prior to the effective date of this annexation, as provided for in Chapter 31-12-112(2), Colorado Revised Statutes, as amended. 9. That the Property proposed to be annexed is located within special district(s) identified on Exhibit 3 and no other(s) and the undersigned consents to the Property's inclusion into those special districts. 10. That the undersigned Petitioner signed this Petition not more than one hundred and eighty (180) days prior to the date of the filing of this Petition with the Town Clerk. 11. That Petitioner has filed this Petition subject to the following conditions: a. The Town approves I Industrial zoning for the Property sufficient to support all 3 aspects of development and operation of BNSF's Intermodal Facility, in accordance with C.R.S. § 31-12-115 and Article II of Chapter 19 of the Lochbuie Municipal Code; and b. Approves and authorizes the execution of an Annexation Agreement acceptable to the Town and Petitioner at the time of adoption of the annexation ordinance. 12. That, upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 13. That this Petition includes the signature of the Petitioner proposing the annexation, the mailing addresses of the Petitioner, the legal description of the land owned by the Petitioner, the date on which each Petitioner executed this Petition, and the circulator's affidavit required by Section 31-12-107(1)(c), C.R.S., certifying that the signatures on this Petition are the signature of each person whose name it purports to be and certifying the accuracy of the date of such signatures. 14. Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any time prior to the effective date of the ordinances annexing and zoning the Property, or in the event that the Town does not approve or grant the desired zoning for the Property. THEREFORE, THE PETITIONER, respectfully requests that the Town Board of Trustees of the Town, approve the annexation of the Property. To that end, the Petitioner does hereby consent to the annexation of said area into the Town. 4 PROPERTY OWNER/PETITIONERS SIGNATURES The signatures affixed hereon represent property owners within the Property who desire annexation to the Town of Lochbuie, Colorado. Page _1_ of _1_ pages of petitioner signatures Note to Circulator(s): Please make copies of this page to collect signatures and necessary information, attach all signature sheets and note the quantity ofpaaes ofoi0nalure pares in the area provided above.) Name of Petitioner (print): BNSF Railway Company Address of parcel within Property proposed for annexation (no. street, city): N/A Legal description (lots, blocks and subdivision name or metes and bounds if unplatted): See Exhibits 1 and 2 Signature of Petitioner: Lacy A. Kreger Mailing address of Petitioner: 650 Lou Menk Drive MOB2 Fort Worth, TX 76131 Date of Signature: 8/1/200224 Circulator Initials: _,,.. �,� f� i' Lacy A. Kreger *********************************** ********************************** Name of Petitioner (print): N/A Address of parcel within Property proposed for annexation (no. street, city): N/A Legal description (lots, blocks and subdivision name or metes and bounds if unplatted): N/A Signature of Petitioner: Mailing address of Petitioner: N/A Date of Signature: N/A Circulator Initials: ************************************ ************************************ 5 AFFIDAVIT OF CIRCULATOR This petition has been circulated by the undersigned (the circulator) who attests that each signature thereon is that of the person whose name it purports to be. (Each circulator shall attach a separate Affidavit). If no circulator is used the property owner shall sign below in the presence of a notary. Page 1 of 1_ STATE OF TEXAS ) ss. COUNTY OF TARRANT By: acy A. Kreger, as duly authorized signatory for Petitioner BNSF Railway Company The foregoing Affidavit of Circulator was subscribed and sworn to before me this / 5 /- day of 4912 Sf , 20(by ,l _ &C.tJ j 4 . Icree_v Witness my hand and official seal. My commission expires: [SEAL] JOYNIIA�E.. NEVELS STATE OF Public 101, 10008301 My Comm. Bp. MrS 7.2028 By: 6 Public EXHIBIT 1 LEGAL DESCRIPTION OF BOUNDARIES OF AREA TO BE ANNEXED See Exhibit l -A attached hereto. 7 EXBHIT 1-A BNSF ANNEXATION 4 PROPERTY NO. 1 A TRACT OF LAND BEING A PORTION OF SECTIONS 20, 21, 28, AND 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 29 TO HAVE AN ASSUMED BEARING OF 500°22'50"E, A DISTANCE OF 2650.69 FEET, MONUMENTED AT THE NORTH BY NO. 6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE SOUTH BY A NO. 6 REBAR OF UNKNOWN LENGTH WITH NO CAP AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER OF SAID SECTION 21; THENCE S00°00'54"W, A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD8; THENCE N89°59'06"W, A DISTANCE OF 14.32 FEET ON SAID SOUTH LINE TO THE EASTERLY LINE OF THE STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 2018424, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE (3) COURSES: 1) THENCE S42°41'24"W, A DISTANCE OF 1,028.50 FEET; 2) THENCE S35°30'39"W, A DISTANCE OF 2,200.00 FEET; 3) THENCE S32°38'54"W, A DISTANCE OF 120.67 FEET; THENCE S89°36'10"W, A DISTANCE OF 1.99 FEET TO THE EASTERLY LINE OF SAID STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 1913279, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR (4) COURSES; 1) THENCE S27°52'26"W, A DISTANCE OF 75.93 FEET; 2) THENCE S36°00'25"W, A DISTANCE OF 442.80 FEET; 3) THENCE S18°44'25"W, A DISTANCE OF 675.39 FEET; 4) THENCE S00°36'12"E, A DISTANCE OF 1,585.62 FEET TO THE NORTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE N89°14'14"E, A DISTANCE OF 1,901.11 FEET ON SAID NORTHERLY LINE; 8 THENCE S00°45'46"E, A DISTANCE OF 30.67 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE S00°22'49"E, A DISTANCE OF 32.00 FEET; THENCE N89°15'29"E, A DISTANCE OF 2.00 FEET; THENCE S00°22'49"E, A DISTANCE OF 1,313.12 FEET; THENCE S89°15'30"W, A DISTANCE OF 1,913.15 FEET TO THE EASTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 41; THENCE S00°22'50"E, A DISTANCE OF 35.16 FEET ON SAID EASTERLY LINE; THENCE S89°37'10"W, A DISTANCE OF 60.00 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 41; THENCE N00°22'50"W, A DISTANCE OF 1,350.07 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE S89°39'27"W, A DISTANCE OF 19.55 FEET ON SAID LINE; THENCE N00°20'33"W, A DISTANCE OF 60.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 6 AND THE WESTERLY LINE OF THE STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 01911050, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N00°37'10"W, A DISTANCE OF 1,964.89 FEET ON SAID WESTERLY LINE; THENCE N35°17'22"E, A DISTANCE OF 840.09 FEET TO THE SOUTHWESTERLY LINE OF THE STATE DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY, RECORDED AT RECEPTION NUMBER 2018424, RECORDED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N35°30'39"E, A DISTANCE OF 3,254.57 FEET ON SAID WEST LINE; THENCE S89°59'06"E, A DISTANCE OF 273.26 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 3,384,213 SQUARE FEET OR 77.691 ACRES, MORE OR LESS 9 BNSF ANNEXATION NO.4 ANNEXATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 20. 21, 28, AND 29, ALL IN TOWNSHIP 1 NORTH, RANGE 65 W OF THE 6TH P.M., WELD COUNTY, COLORADO o.,a mom>.x.mnu o: nxu,n 0[anae rm�ioi m�v>w,m �w.em� xui �n atu xo r�amMores ovm�rrtxwwn vra-re r.®ma rioa a sw assmsr x[na-.r ue v [n rows ww Irl va[ 6 40 046 mwnar"yv �e['on'v-aa�rzroMvuurtrmvvai�.�mim �mam®a � �v nvawvir gem ms +wrs.mnio'a. m,[a x �neas ia.0 m annr u[ •ni.."Ev mw �[mw Timm a�n[.p`or�rmx m[®v.[rvvrn wna-.xim.[m.r •mm. [ne 044 01,01.1.0..404 66 6 1141 I60 .4610i mu m vn wx n<a[ a ne o-nsuv 9lr leftt uu is oi¢IA14r � x na aen a m.o¢ se P CFliMCAIE: ��IY v m�n!x u�m r M � u� m�ms®mmmdro � u,v oe�� viu�sl.w 0060 000 46,0 apiY£T0R5 CERRFlCAIE: mr� s�mmm fm®nv[ma[uo s[xrw.mvnsue n[rx wn.v ur fnr ® McUnM?Hmt9x [ vrm[ma[eove wxn u.oq m[rtmas[ DRAFT Galloway w.nw.xew..awro 1 BNSF ANNEXATION NO. 4 ANNEXATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 20, 21, 28, AND 29. ALL IN TOWNSHIP 1 NORTH, RANGE 65 W OF THE 6TH P.M., WELD COUNTY, COLORADO BNSF ANNEXATION NO.4 ANNEXATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 20, 21, 28. AND 29, ALL IN TOWNSHIP 1 NORTH, RANGE 66 W OF THE 6TH P.M WELD COUNTY, COLORADO Galloway 3 EXHIBIT 2 LEGAL DESCRIPTION OF LAND OWNED BY PETITIONER Property Within BNSF Annexation 4 Property No. 1 Petitioner: BNSF Railway Company Legal Description: A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28 TO HAVE AN ASSUMED BEARING OF N89°15'26"E, A DISTANCE OF 2637.96 FEET, MONUMENTED AT THE WEST BY NO. 6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE EAST BY A NO. 6 REBAR OF UNKNOWN LENGTH WITH 3.25" ALUMINUM CAP, STAMPED "PLS 10855", AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. COMMENCING AT THE SAID NORTH QUARTER OF SECTION 28, MONUMENTED WITH A NO. 6 REBAR OF UNKNOWN LENGTH WITH A 3.25" ALUMINUM CAP, STAMPED "PLS 10855"; THENCE S89°15'26"E, A DISTANCE OF 696.76 FEET ON SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE S00°22'49"E, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE S00°22'49"E, A DISTANCE OF 2.00 FEET; THENCE N89°15'26"E, A DISTANCE OF 2.00 FEET; THENCE S00°22'49"E, A DISTANCE OF 1,313.12 FEET; THENCE S89°15'30"W, A DISTANCE OF 1,913.15 FEET; THENCE N00°22'50"W, A DISTANCE OF 1,315.09 FEET; THENCE N89°15'26"E, A DISTANCE OF 1,911.15 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 2,515,928.35 SQUARE FEET OR 57.758 ACRES, MORE OR LESS. 14 EXHIBIT 3 SPECIAL DISTRICTS WITH BOUNDARIES THAT INCLUDE PROPERTY PROPOSED TO BE INCLUDED Weld County RE -3J School District High Plains Library Hudson Fire Protection District AIMS Junior College Central Colorado Water Subdistrict West Adams Conservation District Platte Valley Conservation District 15 BNSF ANNEXATION NO.4 ANNEXATION TO THE TOWN OF c:54TIE, LOCATED IN SECTIONS 20, 21, 26, AND 29, ALL IN TOWNSHIP 1 NORTH RANGE 65 W OF THE BTH P,M„ WELD COUNTY, COLORADO snmc. omea [ »r arae,eer�m[..oa,rela[�'i'.I ��laH� .s„e,r. .[v ssva , asrc a,w r¢r n x user a. qsr su[ mrem o ears eena-r., [®m n em vY�M•mtraaiu Md ow�ia�v tenon ra i.[iemm �wmwII.rr�a�e aon rua �aaesaams t".,�ev ma. �m ax oa mm o�ae wr a`rm'ors ma v.mnrs eairrs e>,r-[-rr ermm,r w.a oea em srn, mm[ ama u,rKgra:ai arr anew ea ua wet rat uuu.o®dxm wuu�v rs rrnnn RW i[raaamecee9siiOto<cei wi[IA14 �.evrn[ta,a¢� Pal 01.00. QFRK AID IiCgi0Q1'S [CRIIfIGiE • AIflYFTOi'5 (FRAFlCAIE: f�Nn6 t ms[ra r,m r.[revr awif. maAina m9,[Rmuen DRAFT Galloway • 1 rug. ue �Ya ie i . rw l.i' :� inmmx r BNSF ANNEXATION NO.4 ANNEXATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 20, 21, 26. AND 29, ALL IN TOWNSHIP 1 NORTH, RANGE 65 W OF THE 6TH P.M., WELD COUNTY, COLORADO MATGI.NE:SHEETJ ter NCR LEGEND A N Galloway 2 BNSF ANNEXATION NO.4 ANNEXATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 20, 21, 26, AND 29, ALL IN TOWNSHIP 1 NORTH, RANGE 65 W OF THE 6TH P.M., WELD COUNTY, COLORADO Galloway 3 TOWN OF LOCHBUIE COUNTIES OF WELD AND ADAMS STATE OF COLORADO RESOLUTION NO. 2024-46 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO, ACCEPTING AND FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR CERTAIN REAL PROPERTY LOCATED IN WELD COUNTY, COLORADO, TO BE KNOWN AS THE BNSF ANNEXATION NO.5, AND SETTING A PUBLIC HEARING ON SUCH PETITION IN ACCORDANCE WITH THE MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, a written petition requesting the annexation of certain real property, to be known as the Burlington Northern Santa Fe Annexation No. 5 ("Petition"), and as further described in Exhibit A ("Property"), has been filed of record with the Town Clerk of the Town of Lochbuie, State of Colorado ("Town"), who has provided copies of such petition to the Board of Trustees ("Board") upon receipt; and WHEREAS, the Petition has been referred to the Town Board for a determination of substantial compliance with the requirements of C.R.S. § 31-12-107(1); and WHEREAS, the Town Board has taken official notice of all maps, records, and other information and materials on file with the Town, regarding the Petition; and WHEREAS, the Town Board has examined the Petition and finds as follows: 1. That the Petition contains: (a) An allegation that it is desirable and necessary that such area be annexed to the Town of Lochbuie and the requirements of C.R.S. §§ 31-12-104 and 31-12-105 exist or are met. (b) An allegation that the signers of the Petition, comprise more than fifty percent (50%) of the landowners of the area proposed to be annexed and own more than fifty percent (50%) of the area proposed to be annexed, exclusive of public streets and alleys and any land owned by the Town of Lochbuie. (c) A request that the Town of Lochbuie approve the annexation of the Property, as more particularly described in Exhibit A. (d) The signature of the landowners that executed the petition. (e) The mailing address of the landowner signers. (f) The legal description of the Property and a legal description of the specific real property owned by the landowners that executed the petition. (g) The date that the landowners executed the petition. Page 2 (h) The affidavit of petition circulator(s); stating that the signature of each landowner therein is the signature of the person whose name it purports to be. 2. That four (4) copies of the annexation map corresponding to the Property have been submitted to the Town with the Petition, and that each annexation map contains the following information: (a) A written legal description of the boundaries of the property proposed to be annexed. (b) A map showing the boundary of the property proposed to be annexed. (c) Within the map, the boundaries and the plat numbers of plots or of lots and blocks. (d) Next to the property proposed to be annexed, a drawing of all contiguous municipal boundaries. 3. That no signature on the Petition is dated more than one hundred eighty (180) days prior to the date of filing of the Petition for Annexation with the Town Clerk of the Town of Lochbuie, State of Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Lochbuie, Colorado that: Section 1. That the foregoing recitals and findings are incorporated herein as findings and conclusions of the Town Board. Section 2. The Petition for Annexation of the real property described and shown in Exhibit A, attached hereto and incorporated herein by this reference, to be known as the Burlington Northern Santa Fe Annexation No. 5, is determined to be in substantial compliance with C.R.S. § 31-12-107(1). Section 3. No election is required under C.R.S. § 31-12-107(2). Section 4. No additional terms and conditions are to be imposed except as provided in each Petition for Annexation and in any annexation agreement which may be entered into by and between the Town of Lochbuie and the petitioner(s), which are not to be considered additional terms and conditions within the meaning of C.R.S. §31-12-112. Section 5. The Town Board shall hold a public hearing on the proposed annexation at a special meeting to be held on Tuesday, September 17, 2024, at 6:30 p.m., or as soon as thereafter possible, at the Lochbuie Town Hall, 703 WCR 37, Lochbuie Colorado 80603 and via teleconference with details on accessing such teleconference platform to be made publicly available on the Town web site at least 24 hours before the hearing, to determine if the proposed annexation as described in the Petition complies with Section 30 of Article II of the Colorado Constitution and C.R.S. §§ 31-12-104 and -105, or such parts thereof, as may be required to establish eligibility for annexation. Section 6. The Town Clerk shall publish a Notice of Public Hearing once a week for four successive weeks in a newspaper of general circulation in the area proposed to be annexed, Page 3 with the first publication of such notice to be at least thirty days prior to the date of the hearing. The Town Clerk shall further provide notice to the Clerk of the Board of County Commissioners of Weld County, the Weld County Attorney, and to any special district or school district having territory within the area proposed to be annexed, in the manner and within the time provided in C.R.S. § 31-12-108(2). Section 7. The Town staff and Town Attorney are hereby directed to take all such actions, including making any legal filings, as are necessary to comply with state law governing the process for annexing the Property. Section 8. This Resolution shall be effective immediately upon adoption. ADOPTED THIS 6TH DAY OF AUGUST, 2024. TOWN OF LOCHBUIE, COLORADO ATTEST: By: 60-(.C 7 ather Bowen, Town Clerk Page 4 EXHIBIT A BURLINGTON NORTHERN SANTA FE ANNEXATION NO. 5 LEGAL DESCRIPTION Annexation Property 1 A TRACT OF LAND BEING A PORTION OF THE SOUTH HALF OF SECTION 21 AND THE NORTH HALF OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28 TO HAVE AN ASSUMED BEARING OF N89°15'26"E, A DISTANCE OF 2638.04 FEET, MONUMENTED AT THE WEST BY NO.6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE EAST BY A NO. 6 REBAR OF UNKNOWN LENGTH WITH 3.25" ALUMINUM CAP, STAMPED "PLS 10855", AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 21, MONUMENTED WITH A NO.6 REBAR OF UNKNOWN LENGTH WITH A 3.25" ALUMINUM CAP, STAMPED "PLS 10855 1995"; THENCE S00°05' 18"E, A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 6; THENCE ON SAID SOUTHERLY LINE FOR THE FOLLOWING TWO (2) COURSES: l) THENCE S89°09'15"W, A DISTANCE OF 2,645.46 FEET; 2) THENCE S89°15'26"W, A DISTANCE OF 694.98 FEET; THENCE S00°22'49"E, A DISTANCE OF 2.00 FEET; THENCE S89°15'29"W, A DISTANCE OF 2.00 FEET; THENCE N00°22'49"W, A DISTANCE OF 32.00 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE N00°45'46"W, A DISTANCE OF 30.67 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ON SAID NORTHERLY LINE FOR THE FOLLOWING TWO (2) COURSES: 1) THENCE N89°14'14"E, A DISTANCE OF 1,347.21 FEET; 2) THENCE N89°09'12"E, A DISTANCE OF 1,995.50 FEET; THENCE S00°32'50"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. Page 5 PARCEL CONTAINS 201,360 SQUARE FEET OR 4.623 ACRES, MORE OR LESS. PETITION FOR ANNEXATION TO TOWN OF LOCHBUIE, COLORADO TO: THE TOWN CLERK AND THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO RE: ANNEXATION OF APPROXIMATELY 4.62 ACRES IN WELD COUNTY, COLORADO, AS DESCRIBED ON EXHIBIT 1-A AND EXHIBIT 1-B ATTACHED HERETO THE UNDERSIGNED PETITIONER, in accordance with Title 31, Article 12, Part 1, of the Colorado Revised Statutes, as amended (commonly known as the Municipal Annexation Act of 1965), hereby petition the Town of Lochbuie, a statutory municipality of the State of Colorado (the "Town"), for annexation of the unincorporated areas more particularly described in Exhibit 1- A ("Annexation Property No. 1") and as shown on Exhibit 1-B, the map designated as "BNSF Annexation No. 5," all attached hereto and incorporated herein by reference (collectively, the "Property"). In support of this Petition, the undersigned Petitioner alleges and states the following: 1. The legal description of the real property owned by Petitioner is legally described in Exhibit 2, attached hereto and incorporated herein by this reference, which is located within the Property proposed to be annexed. 2. That it is desirable and necessary that the Property be annexed to the Town. 3. That either (check one) a. the undersigned Petitioner, together with owner(s) submitting other valid petition(s) for annexation to the Town for the Property described in Exhibit 1, comprise more than fifty percent (50%) of the landowners of the area proposed to be annexed exclusive of streets, and by their signatures have attested to the facts and agree to the conditions herein contained negating the necessity for any annexation election OR b. _X the undersigned Petitioner, together with owner(s) submitting other valid petition(s) for annexation to the Town for the Property described in Exhibit 1 are landowners of more than fifty percent (50%) of the area proposed to be annexed, excluding public streets and alleys. 4. Petitioner, together with owner(s) submitting other valid petition(s) for annexation to the Town, hereby consents to the establishment of the boundaries of the territory to be annexed as shown in Exhibit 1. 5. That all requirements of Section 31-12-104 and 31-12-105 of the Municipal Annexation Act of 1965, as amended, exist or have been met in that: a. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town of Lochbuie, Colorado; b. A community of interest exists between the Property and the Town of Lochbuie; c. The Property is urban or will be urbanized in the near future, and the Property is integrated or is capable of being integrated with the Town of Lochbuie, Colorado; d. The Property is integrated or is capable of being integrated with the Town of Lochbuie, Colorado; e. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; f. No land area within the Property 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 comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; g. The Property is not presently part of any incorporated city, city and county, or town; h. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality, nor has any election for annexation of the Property to the Town been held within the twelve (12) months immediately preceding the filing of this Petition; i. The annexation of the Property will not result in the detachment of area from any school district or attachment of same to another school district; J. Annexing the Property will not have the effect of extending the boundary of the Town of Lochbuie more than three miles in any direction from any point of the boundary of the Town of Lochbuie in any one year; k. The entire width of all streets and alleys to be included within the Property are included; 1. Annexation by the Town of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, because annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the Town. 2 6. The area proposed to be annexed is comprised of (check one): MORE THAN TEN ACRES AND THE BOARD OF COUNTY COMMISSIONERS OF ADAMS/WELD (circle appropriate jurisdiction) COUNTY HAS AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-108.5, C.R.S,. AS AMENDED. (Copy of resolution approving such waiver is provided.) _MORE THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS REQUIRED. _X_TEN ACRES OR FEWER AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS NOT REQUIRED. 7. That accompanying this Petition are four (4) copies of an annexation map containing the following information: a. a written legal description of the Property; b. a map showing the boundary of the Property; c. with the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is platted, then the boundaries and the plat number of plots or of lots and blocks are shown; and d. next to the Property, a drawing of all contiguous municipal boundaries. 8. That, in connection with the processing of this Petition, Petitioner requests that the Town: a. Institute zoning approval processes for the Property in accordance with C.R.S. § 31- 12-115 and Article II of Chapter 19 of the Lochbuie Municipal Code; and b. Undertake negotiations with respect to an annexation agreement between the Town and Petitioner in form and substance acceptable to the Town and Petitioner ("Annexation Agreement") prior to the effective date of this annexation, as provided for in Chapter 31-12-112(2), Colorado Revised Statutes, as amended. 9. That the Property proposed to be annexed is located within special district(s) identified on Exhibit 3 and no other(s) and the undersigned consents to the Property's inclusion into those special districts. 10. That the undersigned Petitioner signed this Petition not more than one hundred and eighty (180) days prior to the date of the filing of this Petition with the Town Clerk. 11. That Petitioner has filed this Petition subject to the following conditions: a. The Town approves I Industrial zoning for the Property sufficient to support all 3 aspects of development and operation of BNSF's Intermodal Facility, in accordance with C.R.S. § 31-12-115 and Article II of Chapter 19 of the Lochbuie Municipal Code; and b. Approves and authorizes the execution of an Annexation Agreement acceptable to the Town and Petitioner at the time of adoption of the annexation ordinance. 12. That, upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 13. That this Petition includes the signature of the Petitioner proposing the annexation, the mailing addresses of the Petitioner, the legal description of the land owned by the Petitioner, the date on which each Petitioner executed this Petition, and the circulator's affidavit required by Section 31-12-107(1)(c), C.R.S., certifying that the signatures on this Petition are the signature of each person whose name it purports to be and certifying the accuracy of the date of such signatures. 14. Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any time prior to the effective date of the ordinances annexing and zoning the Property, or in the event that the Town does not approve or grant the desired zoning for the Property. THEREFORE, THE PETITIONER, respectfully requests that the Town Board of Trustees of the Town, approve the annexation of the Property. To that end, the Petitioner does hereby consent to the annexation of said area into the Town. 4 PROPERTY OWNERJPETITIONERS SIGNATURES The signatures affixed hereon represent property owners within the Property who desire annexation to the Town of Lochbuie, Colorado. Page _1_ of 1_ pages of petitioner signatures Note to Circulator(s): Please make copies of this page to collect .signatures and necessary information, attach all signature sheets and note the quantity ofpnges afsignaJue pages in the area provided above. Name of Petitioner (print): BNSF Railway Company Address of parcel within Property proposed for annexation (no. street, city): N/A Legal description (lots, blocks and subdivision name or metes and bounds if unpinned): See Exhibits 1 and 2 Signature of Petitioner: _ -4T.....„,........Lacy A. Kreger Mailing address of Petitioner: 2650 Lou Menk Drive M0B2 Fort Worth, TX 76131 Date of Signature: 8/1/2024 Circulator Initials: V Lacy A. Kreger *********************************** *********************************** Name of Petitioner (print): N/A Address of parcel within Property proposed for annexation (no. street, city): N/A Legal description (lots, blocks and subdivision name or metes and bounds if unplatted): N/A Signature of Petitioner: Mailing address of Petitioner: N/A Date of Signature: N/A Circulator Initials: ************************************ ************************************ 5 AFFIDAVIT OF CIRCULATOR This petition has been circulated by the undersigned (the circulator) who attests that each signature thereon is that of the person whose name it purports to be. (Each circulator shall attach a separate Affidavit). If no circulator is used the property owner shall sign below in the presence of a notary. Page 1 of _1_ STATE OF TEXAS ) ss COUNTY OF TARRANT By acy A. Kreger, as duly authorized signatory for Petitioner BNSF Railway Company The foregoing Affidavit of Circulator was subscribed and sworn to before me this / 51 - day of sf , 20'by Witness my hand and official seal. My commission expires: [SEAL] JOYIA E. NEVELS Wary Public STATE OF TEXAS MN 10083301 My Comm. Eq. Much 7, 2028 By: 6 tayCPublic EXHIBIT 1 LEGAL DESCRIPTION OF BOUNDARIES OF AREA TO BE ANNEXED See Exhibit 1-A attached hereto. 7 EXBHIT 1-A BNSF ANNEXATION 5 PROPERTY NO. 1 A TRACT OF LAND BEING A PORTION OF THE SOUTH HALF OF SECTION 21 AND THE NORTH HALF OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28 TO HAVE AN ASSUMED BEARING OF N89° 15'26"E, A DISTANCE OF 2638.04 FEET, MONUMENTED AT THE WEST BY NO. 6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE EAST BY A NO.6 REBAR OF UNKNOWN LENGTH WITH 3.25" ALUMINUM CAP, STAMPED "PLS 10855", AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 21, MONUMENTED WITH A NO. 6 REBAR OF UNKNOWN LENGTH WITH A 3.25" ALUMINUM CAP, STAMPED "PLS 10855 1995"; THENCE S00°05'18"E, A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 6; THENCE ON SAID SOUTHERLY LINE FOR THE FOLLOWING TWO (2) COURSES: 1) THENCE S89°09'15"W, A DISTANCE OF 2,645.46 FEET; 2) THENCE S89°15'26"W, A DISTANCE OF 694.98 FEET; THENCE S00°22'49"E, A DISTANCE OF 2.00 FEET; THENCE S89° 15'29"W, A DISTANCE OF 2.00 FEET; THENCE N00°22'49"W, A DISTANCE OF 32.00 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE N00°45'46"W, A DISTANCE OF 30.67 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ON SAID NORTHERLY LINE FOR THE FOLLOWING TWO (2) COURSES: 1) THENCE N89°14'14"E, A DISTANCE OF 1,347.21 FEET; 2) THENCE N89°09'12"E, A DISTANCE OF 1,995.50 FEET; THENCE S00°32'50"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 201,360 SQUARE FEET OR 4.623 ACRES, MORE OR LESS 8 EXHIBIT 1-B BNSF ANNEXATION NO. 5 ANNEXATION MAP 9 K��MYAP . BNSF ANNEXATION NO.5 ANNEXATION 7O THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 21 AND 28, ALL IN TOWNSHIP 1 NORTH, RANGE 85 W OF THE 6TH P.M., WELD COUNN, COLORADO oxsr Anxr,Ana s r • umst. cmaa aaa s/Ilad Tf ]Ie DL rK wo u N n4r9 A5 mew `arnavn4rn nuw6 ws. nr4w auv Wrtx wxn azY xv�s ur. �1 EEE-n, • aari a Lewaaa no W moss L ru¢onbYblt•m'n aww m*: am stuwt nmra a uo mr; ;Irm ��it�mrraa Wiwos mWom -0 rm �arlf[. ®aR o Vea uc rpi mIIfVC • ®ya a>m I¢r 9 vnru� o9n a Lo ¢fn T.ao t qn a salt. xx vucio rcv4a xmmueaw ivn ux�sa;aq.1 mm•x awns �e¢� COMZUM cw vn ouu;BEET:. ooaa: ®aw1O0�..�wm".;.mn OWER911P CERnfICAIE wuW(Yu mw�u�aw c�lw.a�m�nuaw a. aura s�slomomq xo msnam I 0.8101.6 �0'IN B0ARU CFARIGIE GFRII ANU IRCLWUFA'S ClH IIlIG IE 9MISY0R'5 (fltliCAlE� DRAFT Galloway fit 1 BNSF ANNEXATION NO. 5 ANNE%ATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 21 AND 28, ALL IN TOWNSHIP 1 NORTH, RANGE 65 W OF THE 6TH P.M., WELD COUNTY, COLORADO Galloway GOPYPIGMT raan� � 0 ;I JZU UR NO O U 3�w oz3 =`a 2 EXHIBIT 2 LEGAL DESCRIPTION OF LAND OWNED BY PETITIONER Property Within BNSF Annexation 5 Property No. 1 Petitioner: BNSF Railway Company Legal Description: A TRACT OF LAND BEING A PORTION OF THE NORTH QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28 TO HAVE AN ASSUMED BEARING OF N89° 15'26"E, A DISTANCE OF 2637.96 FEET, MONUMENTED AT THE WEST BY NO.6 REBAR OF UNKNOWN LENGTH WITH A 2.5" ALUMINUM CAP, STAMPED "PLS 24305 CIVIL ARTS" AND AT THE EAST BY A NO. 6 REBAR OF UNKNOWN LENGTH WITH 3.25" ALUMINUM CAP, STAMPED "PLS 10855", AS SHOWN HEREON WITH ALL OTHER BEARINGS RELATIVE THERETO. COMMENCING AT THE SAID NORTH QUARTER OF SECTION 28, MONUMENTED WITH A NO. 6 REBAR OF UNKNOWN LENGTH WITH A 3.25" ALUMINUM CAP, STAMPED "PLS 10855"; THENCE S89°15'26"E, A DISTANCE OF 696.76 FEET ON SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE S00°22'49"E, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE N89°15'26"E, A DISTANCE OF 2.00 FEET ON SAID LINE; THENCE S00°22'49"E, A DISTANCE OF 2.00 FEET; THENCE S89°15'26"W, A DISTANCE OF 2.00 FEET; 12 THENCE N00°22'49"W, A DISTANCE OF 2.00 FEET TO THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING. PARCEL CONTAINS 4.00 SQUARE FEET OR 0.000 ACRES, MORE OR LESS. 13 EXHIBIT 3 SPECIAL DISTRICTS WITH BOUNDARIES THAT INCLUDE PROPERTY PROPOSED TO BE INCLUDED Weld County RE -3J School District High Plains Library Hudson Fire Protection District AIMS Junior College Central Colorado Water Subdistrict West Adams Conservation District Platte Valley Conservation District 14 BNSF ANNEXATION NO.5 ANNE%ATION TO THE TOWT! OF LOCMBUIE, LOCATED IN SECTIONS 21 ANp 28, ALL IN TOWNSHIP t NORTH. RANGE 65 W OF THE 6TH P.M.. WELD COUNTY, COLORADO BNSF ANNEXATION NO. 5 ANNEXATION TO THE TOWN OF LOCHBUIE, LOCATED IN SECTIONS 21 AND 28, ALL IN TOWNSHIP 1 NORTH, RANGE 65 W OF THE 6TH P.M., WELD COUNTY. COLORADO A LEGEND / / NCR A scvc r•aar Galloway QJ 2 PubBMeN OmYy IHbuw Amum 14.202/ rot evh Peb.la works I 1Mfinl DubMetim gvkshelhHM,p 1MW NC c, area proyosotll Tawxa lOCHMAE BIIC HFNYJG CONCERMNG iNE ELGIBIIItt OF CERTAIN PROPERTIES FOR GDWNASTHE BNSFANFNAIM)N NO.IAND BNSFANIEYAIGN X0.5 GRIN, mown" ro C.R5.4 31-12-ION21. IIW pw lawn Bona d Iruleb ul I hoMapub8c MH0B on BeplemMr ll, MIM6:W PM for THENCE S00°21'SOE.ADGINNCE OF 35.16 FEFT ON SOD fA91ERLY LNE; THENCE 589"3TI0'W, A OGIANCE dF 6D.00 FEFT TO iNE WESIEPoY RGM-0FWAY IIIE OF WELD CONTY ROAD A1; Soo..., 4, 2024 TgYM OF LDCXBUE CWMRFA OF WFiD ANO ADAMS SERTEMCOLORADO flFBMUfIOM NO.i02H5 A PENILUiYN DFTNE BOMOOf TIIUBTEE6 a TNETOWM a IOCNBWE cETor00, ACCEPTING AMD MMDM6 NY6fpMILLL COYPLYNCE a<pNAMNE11pGM PETWYN TNM CERTAINREALPROIERTT LOCATEDN WELDCWXTr,COlOM00or BE gIOWN AS iME BMSF ANMENATIOY X41,AYD SETTING A PUBIp NURUfi OM YICN PEl11XU IX ACCOPpANCEMIIN THE NUNGIPAL ANNEIUTXNI ACT Of 1965 WHFA6, a willen pelpion eNuesU^R tlW emwul'wn d aerhn ,ea p,opwN, la M Moem u tlW Fri, NsrUwen Santa N Mrcul'wn Nn / 1 PeMion�, aM u MFwr demsibetl n ENrW A NnDmNI, hu Men M1kd a evatl wW tMTown CkA d tlw Town a LrcWWe, Shte 1 1 rot z. t 1< path hem seMred to Ale Town Bwm I« a ddennbu l*" a sWstanUN b d L.Ri 4 ]1-12-101111: wd ut euchvu M anmaed h the Town d 2-,°4aM 31-12-105 bb pr are and HWpercem150X)atlw lMa Wry pamva IwXI die areda.rae rN,.m am And THENCE N00°2YSOlY. A DISTANCE OF 1 ]50.07 FEET TO ME SOUTHERLY RIGHT -0F -WAY U E OF WEIR CgINttfd1AD 6: THENCE N00°z(I'33'W. A DISTANCE OF 60.00 FEET TO THE IpMXERLY ppM-0FWAY dtE OF T tD CWNIY TOE 6 AYD THE ilF ERLY LRE OF TXE STATE OFP SIAXE Of W6MYAYS ppM-0FWAY RfcORDEO AT RECEPfGN NUMBER 01911050. RECMGED LATHE WELD COURY CLEPo(Np RECORDER' 6 OFFCE THENCE X00`37'10^,, A CASINCE OU 1861.89 FEET ON SAN WESTERLY UNE, THENCE N35`ITZ!'E. A pI5TANGE OF X0.09 FEEL TO THE SRE74:IFAtY LINE OF THE STATE DEPAIITMEM OF HGHWPI5 WGM-0FWAY RECOROEDPi RECEP1gN NUMBER 2010424 RECOIIOm N iNf WELD cOUNtt CIFPI(A110 RELgGER'5OFgCE THENCE X15°3n'39'E, A DGIALF aF 3,254.51 FEET ON Sep WEST l!&. I',EWE SB!I°h9'p6`f. A INSIAA:I OF 2/3.2S IELI TO 1111 VOW aF WW1. TOWN a LOCNBIRF COIINIIE6 OF WEIR AMD AOAYS SLATE OFCOLORADO RUOLNGN MO. ffiI-Ifi A RESOWiGM OF iNE BMROOF TRUSfEFS OFTNE TOWN OF 1O0N8UE, OMOMOO, ACCEPTN6 ANp PBIYY6 BURSIANf4LL CMIPLNNCE OF AN AMNENAiYN Pft11MU PoR CUTAWREY PROPERLY GRAPTEp 1WEED COUNU,COLORADOTOBENNOYINAB LNE BMsf ANNFJUiGN M0.6, AM3 WiTW6 A PUBLIC NFMWfi dI811CN PETITION M ACCg10AMGE WRIT TXE YUYCPAI ANENDYM ACi OF iBN etlsin FAM1WAAI'NopHta^I, hu bmn HNtl a read whh 1M town LbrN a me Town a Lmhbde, Slate uaI'XaN� —7WNFAFAB. Me PeWon Au been mimed to tM kwn Bwalw a eMellnimBon d aubmaaiW .7 w , eeNukwmaa al rce §3,12-101111;aM WNUFAS,mekwn Boyd Ma liken aMW muse d al maps, remas, and aMe, Iaomwl'r«i Try Net smh erta be amuadlo me Town a 31.12-1M arM ]1.12.105 wilt«va met complNenwretNn MN pewem150%1 dtM ease ana aem mare 1Mn RRv pmaem IspY°I pelvic teat pmimAY Ic: ve been ..Rod rdnp idomwtion: n�aM bloats. 9dar cmlgnma a. TIW m.gwture m tM PeYwn k aged mpre man «w hmdrea dJYr 11Ew m Ddar m Ili tM bh a Wily a tM PdAipn 1« Mrwaabpn wW me town cNrk a me Tpwa d LanMie,slate d N C BRR�N1. TM PeYianlaAmmetknaNe and plaperN duMMnaM SMwnn&M68P aNvlHd hereto astl blaIXpatled Merin by Ih'u relvenu,to M hwwn u the Bwfrmlm NOMen Santa k Mmaalan Nn /, w dNendmtl to M in sulrmaMlM saryMrce wM C.R5. § 31.12 07111 SNYpnS. MdecMnis rmdreduMe, C.0.5.431-12-107121, y all amdliav are ro M imposed wcepl v prwged m 10 r amvalwa a9rtemea which mrY be emcee me M ana w petllimeONwhkh ere ml to M camiOved addAkwl 12. ry on tM pmpame anw.abon el .X630 D.w.W as Uaawhe nM 806C3W ®lebmde ads DubkN rvahabN pn Rw n aaanmm edanr � bn: etl. js<LpnB. iho Pwsdrdkn WlMellrwMe bnmedNteN apm aMplka AOpPTFD TNB 6« DAr OFNIWSE 2M/ TOW, M LOCNBIIE.COLORAp0 /Y Jaimie Jehery,Mrym FIIpBR A BJPoNGTDN TOE ORTO SAMA FE ANN'AT"X0.4 (FGA DESLRPIGN MINT An.s. Proper, I BIMIINGiON NORTNEAN SAMA FE AMNUAIGN X0.5 ATROCTOF LAND BENGA PORELD OF SECiGN52O2T2RAD 2R10WN61p 1 NUIIN, R4NGE IFGAL DESCFdPIGN 65 WEST aF THE 61N P.Y. WELD COIINIY. STATE Of COLOAA00, BFN6 MORE PARTA2HARLY DESCF®FD 0.S fOLLOW5. A... P.p., No. t CONSG orsioHEEA5TUEOFiHENN0HEASTWrEiett F5ECIGN2BTOHAYEANASSIIMED pIRM.l OI 1ANN BENGA%lR1NIN 011111511MNHWHNSLC1GN 21 ANO IIIL WINIII UNI BFAANG of 500°22'50'E A OGiNICf Of 2650.69 FEET. MDNUIFHIEO AT 7NE NORTH BY N0. IN SECipN 20, i0N'NSIW 1 NURTII. RANGL 65WFBl OF INf 6tH P.Y. WElD COUNtt, SIAIE OF 6IIFAIR OFENOgWNlF,O1HWNNA25'A1L1YA1MCAPSTAMPED'PU 21335 qYl A9TS' COLOSA...SEINGMORE PIAIICUAIBYOL]CAYFOAS fIXLOWS. Ap Ai THE SOUTH BY A M. F RER1R OF UNANJWN LFMTH WTIH MT LIP 0.S SIXWIN HFRFINN WHTI ALL OTNEA BFPPoNGS REIATNE 71ERE70. CON6GEPoNG iNE NMON TINE OF 7NE NNRNNFST OUMiEA OF SEc1GN 28 i0 N1VE AN COMMENCINGAi THE Nd1iN01Wt1EPOf SAO SELMN21; ASSWEDBEARID OF 2242A.TA NSUACEOF26I68 T°,1ONIMENTEDATTNEWEST BY X0.6 REBVI OF LNfNOWN LFMGTHWIM A 25' AllI1WM CM S1AMP(D °PIB 21305 CNL 7NENCE S00°O0X'W. A DGTAYCE OF JO.W FEET TO THE SWINEPoY RIGHT-0FWAY LINE OF OATS ANO AT 7HE FAST BY A X0.6:: OF UNKNOWN 113NGTH WITH ].25' AWLWAN CM STA/PED'PU t0B55', AS SHWNN HEREONWIIH ALL OTHER BFAIWGS REIATNE THERETO. WEIR COUNTY RpADB: TIERCE N89°59'O6'W ADGIAXCEa 11.32 FEET ON Sep SURH Uf TO THE EASTERLY LIE BECAVNNG Ai iNESdRIEASi COYEAOF SAG SECTNN2I,YONJYENTEOWRHA X0.6 RE6W OF ME STATE pEPAg41EM OF HGIWAYS PoGNT-0FWAY, RECORDED AI RECE Tits BEA � N UNGiHWRNA 3. AIR:EAN CAP. SIMIP® %5108551995': 201X24, RELOgDED N THE WfID COJNIY CIERN ANp RECOpOER'S OFFICE ANO LNE POMi THENCE 500°OS'18'E A USTANCE OF 30.00 FEET TO iNE SWIHEALY AGM -OF -WAY ILIA OF dhron ie mlea m«e N,n om M�ea egmy 11ao1 nave prkr tp la MmuTrw, wW the Town dwk d 1M Toem d Lmhbuk. Shh REFOXE. RE R RESOIYFD br IM Bab d TMeb d Ye Torn a LxAbuN, MI: 01. TM1tl me lorepdry n:AW ell fillings ve rrc«porated Mren es IiMirys a,M Boeea Awn I«NwesaHon d tm and propem2 dexribed erd IM1own in &AiW 0. opomted Herein by 1hh edererce, lobe krown u tM BwknNon MMem . 5, 'w dNemYmd to M m sWaemd rwmpGme wM C.0.5. § J1-12- 31-t2-tp7rn. an m M Mpomd ucepl u prwNee M rewwW wldah mw M «nered Imo by alk bdw 1«. AeadrWm shat M eNecMe immamleN upon aeapmw LY aFAUGISEE08/ COlORA00 TOWN OF LOCHS ATTEST BYLY Hea1Mr Bawen. Town [Jerk ilEipE ON SAG FASIERIY MWII-OF-WAY LIE FOR THE FOLLOWING THREE@COURSES . THENCE ON SOD Sg0NFJEY UE FORINE FOLLOWING 7WO pJ GgM5E5'. II THENCE XY/1'N'W A DISTANCE OF 1.028.50 FEET, 7) IHENCF S35`30'39'W A DISTANCE OF 2.i0U00 FFFT; 11TNENCE 689°03'15"W.A DISTANCE OF 2,X5.16 FEET; 3) MENCE S3Y38'X'W A OGIAlCF OF 126.81 FEET: D MENCE 589°IS'26'WA DISTANCE OF BX.W FEET: iIENCE 589°36'10'W, A pN1AMCE OF 1.99 FEET i0 iNE El51ERLY ItE OF SM STATE 7NFNCE SP]°11'19 E,ADRiMGE OF 200 FEET. DEPNOMENT D,F NIGMYAY6:ILTE pY RE ATEO AT AECEPTGN NUMBER 1913279, TNEfpE 58Y15'29 W,A 05TANCE OF 2.Op FFFE RECORDED N 1NE WEU COUNTY CLERK AID PFCOADU' 5 DENISE 11 THENCE 527°52'26'W.P Dl57ANCE OF 110 7d THENCE 536°00'25'W AUSiANCE OF 112.80 FFEi; THENCE NW 15'16', A g5TApE OF 30.61 FEEL i0 iNE NORDI IBGM-0 311HFNCE SIB°N'25'W A U6IANCE q 1,= FLLI; COUNTY ROAD 6-. N THENCE 500°36'1TE. A DISTANCE OF 1,585.62 TEST TO INF NORTHERLY RIGHT-OF-WAY LNE OFWFID CdNNIY flOAD 6: TNFNf40N SAN NORINFMY LNE FONTNF FOIE OW1NG 7WO121 COURSES IITHENCf NB9°l/'11'E,A pGTANCE OF 1,311,21 FEET, O[NCF NB'Y11'1/'R A DGi0.VCE M 1 MI.11 FIT, ON bap NORDNPoY LNE: 7)1NfNCA NWPO!Y/2'EA USIpNCE OF 1,995.50 FFF I, THENCE S00'22'49'E A DISTANCE OF 32.00 FEET: PARCEL CONTAN5 NI. MOW FEET OR 4.623 ACRES WINE OR LESS, THENCE N09.15'29, A DISTANCE OF 2.00 FELT; Hello