HomeMy WebLinkAbout20242531.tiffRESOLUTION
RE: APPROVE ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION OF
COUNTY ROADS 72 AND 39, AND AUTHORIZE CHAIR TO SIGN - TOWN OF EATON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Annexation Agreement and Petition
for Annexation of County Roads 72 and 39 between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Town of Eaton, commencing upon full execution of signatures, with further
terms and conditions being as stated in said agreement and petition, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
petition, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Annexation Agreement and Petition for Annexation of County
Roads 72 and 39 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Planning Services, and
the Town of Eaton, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and petition.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY O
ATTEST: C�1q,.^ J C.1 m;(4
Weld County Clerk to the Board
BY: (,() C L
Deputy Clerk to the Board
APPROVE
County Attorney
Date of signature: q 1 z3
Ke . D. Ross, Chair
K. James
Lori Saine
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10/23/2.y EG0082
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this Z3'dday of
Sepkernk v , 2024, by and between the COUNTY OF WELD, COLORADO, whose
address is P.O. Box 758, 1150 O Street, Greeley, CO 80632 (hereinafter referred to as
"Annexor" or "the County"), and the TOWN OF EATON, COLORADO, whose address is 223
1St Street, Eaton, CO 80615 (hereinafter referred to as "the Town"), for the annexation of:
Those portions of Weld County Roads ("WCR's") 72 and 39 described or shown in the
attached Exhibits "A" and "B." The annexation of these roadways is hereinafter referred to as:
"County Road 72 and County 39 Annexation to the Town of Eaton."
WITNESSETH:
WHEREAS, Annexor is the governmental entity which owns and controls the WCR's 72
and 39, and
WHEREAS, Annexor has been requested to file a petition with the Town for the purpose
of accomplishing County Road 72 and County 39 Annexation to the Town of Eaton, and
WHEREAS, Annexor desires to impose upon the Town certain terms and conditions
relating to the proposed annexation and to the effectiveness of the referenced petition, and
WHEREAS, the Town has reviewed and approved the conditions requested by Annexor
and desires to make the proposed annexation subject to the conditions set forth hereinafter.
NOW THEREFORE, in consideration of the foregoing premises and the covenants,
promises and agreements of each of the parties hereto, to be kept and performed by each of them,
it is agreed by and between the parties hereto as follows:
1. Submission of Annexation Petition. Contemporaneously with the execution of this
Agreement, Annexor is submitting a petition to the Town for the annexation of the real
property described or shown in Exhibits A and B, for its consideration. Said petition,
(hereinafter the "Annexation Petition") is incorporated herein by reference. The
Annexation Petition is submitted on the express condition that it will be approved by the
Town and the real property described and shown in Exhibits A and B will be annexed to
the Town under and pursuant to the conditions set forth in Paragraph 2, hereunder.
2. Terms and Conditions Applicable to Annexation. The Town will be
responsible for maintenance of the annexed WCR's 72 and 39 on and after the
effective date of the annexation. Maintenance includes, but is not limited to,
surface treatment repair, such as crack seal, chip seal, overlay paving and
reconstruction; filling potholes; repair and fill of washouts; weed control; and
the removal of snow, all as determined reasonable and necessary by the Town.
a. The Town will not impose any weight limitation applicable to vehicles
using the annexed WCR's 72 and 39 without the prior written consent
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of the County.
b. The Town will not impose any limitation on vehicular access or use of
the annexed WCR's 72 and 39 so as to specifically exclude farm or
agricultural vehicles and equipment, or to exclude new access solely
because of objection by the Town to the type or extent of the new
adjacent land use permit(s) granted by the County. All new access
points on the annexed WCR's 72 and 39 will be evaluated by the Town
in accordance with general standards and requirements used to
determine appropriate access points on all Town roadways of similar
type as the annexed WCR's 72 and 39.
c. Current points of ingress and egress to the annexed WCRs 72 and 39 for
current uses from abutting property owners will continue to be allowed
for such purposes with the intent being that annexation shall not impair
or affect current access, except as otherwise agreed upon between the
Town and the abutting property owner.
3. Town's Consent to Terms and Conditions. By the execution hereof, the Town hereby
agrees to each, and every condition stated in Paragraph 2, hereof.
4. Other Specific Requirements of Annexation. The Town shall produce annexation maps
to accompany the annexation petition.
5. Entire Agreement. This instrument embodies the entire agreement of the parties with
respect to the subject matter hereof. There are no promises, terms, conditions, or
obligations other than those contained herein; and this Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written,
between the parties hereto. No modification to this Agreement shall be valid unless
agreed to in writing by the parties hereto.
6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the
parties hereto and their successors in interest.
7. No Third -Party Enforcement. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
8. No Waiver of Immunities. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
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9. Severabilitt. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials
to execute this Agreement the day and year first above written.
ANNEXOR:
ATTEST: W.,XL:A
Clerk to the Board
By:
iv,u��
Deputy Clerk to the
ATTEST:
COUNTY OF WELD, a political Weld County
subdivision of the STATE OF COLORADO:
evin D. Ross, Chair SEP 2 3 2024
TOWN:
TOWN OF EATON, a municipal corporation of the
STATE OF COLORADO
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EXHIBIT A
A parcel of land located in Sections 5, 6, 7 and 8, Township 6 North, Range 65 West of the 6th
Principal Meridian, County of Weld, State of Colorado and being more particularly described as
follows:
Considering the West line of the Southwest Quarter of Section 5, Township 6 North, Range 65
West of the 6th Principal Meridian, as bearing North 00° 05' 08" East (assumed bearing) with the
West Quarter corner of Section 5 monumented by a #6 rebar with 3-1/4" aluminum cap stamped
LS 7242, and the Southwest corner of Section 5 monumented by a #6 rebar with 3-1/4"
aluminum cap stamped LS 7242, and with all bearings contained herein relative thereto:
COMMENCING at the Southwest corner of said Section 5;
THENCE North 00° 05' 08" East along the West line of the Southwest Quarter of Section 5, a
distance of 30.02 feet;
THENCE North 88° 00' 45" West departing said West line, a distance of 30.02 feet to the
southeast corner of Anderson Annexation, recorded at Reception No. 3224053, said point being
the POINT OF BEGINNING;
THENCE North 00° 05' 08" East, a distance of 2277.74 feet to the South line of Eaton Cemetery
Second Annexation, recorded at Reception No. 2510988;
THENCE along said South line the following 2 courses and distances:
South 89° 55' 51" East a distance of 30.00 feet;
THENCE South 87° 59' 51" East a distance of 30.02 feet;
THENCE South 00° 05' 08" West departing said South line, a distance of 2279.76 feet to the
North right-of-way line of Weld County Road 72;
THENCE South 85° 57' 54" East along said North line, a distance of 222.08 feet;
THENCE South 04° 02' 06" West departing said North line, a distance of 60.00 feet;
THENCE South 81° 50' 43" West a distance of 142.88 feet;
THENCE South 60° 09' 58" West a distance of 87.93 feet to the East right-of-way line of Weld
County Road 39;
THENCE South 00° 11' 27" West along said East line, a distance of 1332.61 feet;
THENCE North 89° 48' 33" West departing said East line, a distance of 65.00 feet;
THENCE North 01° 46' 57" West a distance of 435.65 feet;
THENCE North 02° 31' 10" West a distance of 211.49 feet;
THENCE North 89° 19' 54" West a distance of 10.00 feet;
THENCE North 00° 13' 03" West a distance of 659.56 feet;
THENCE North 35° 26' 29" West a distance of 56.74 feet;
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THENCE North 88° 00' 45" West a distance of 505.21 feet;
THENCE North 01° 59' 15" East a distance of 15.00 feet;
THENCE North 88° 00' 45" West a distance of 107.76 feet;
THENCE North 01° 59' 15" East a distance of 15.00 feet;
THENCE North 86° 03' 09" West a distance of 730.95 feet;
THENCE North 88° 00' 45" West a distance of 337.56 feet;
THENCE North 01° 59' 15" East a distance of 10.00 feet;
THENCE North 88° 00' 45" West a distance of 211.67 feet to the East right-of-way line of Union
Pacific Railroad;
THENCE North OW' 17' 46" West a distance of 60.98 feet to the North right-of-way line of Weld
County Road 72;
THENCE South 88° 00' 45" East along said North line, a distance of 1977.42 feet to the POINT
OF BEGINNING.
Said parcel containing 10.73 acres (467,457 square feet), more or less, and maybe subject to
easements and rights -of -way now on record or existing.
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EXHIBIT B
CR 72 AND CR 39 ANNEXATION
TO THE TOWN OF EATON
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, THE SOUTHEAST QUARTER OF SECTION 6, THE NORTHEAST QUARTER OF SECTION 7
AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO
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ANNEXATION PETITION
TO THE TOWN OF EATON
CR 72 AND CR 39 ANNEXATION
DATE: September 23 , 2024
TO: THE BOARD OF TRUSTEES OF THE TOWN OF EATON, COLORADO.
I, Kevin D. Ross, serving as Chair of the Board of County Commissioners of the County of Weld,
on behalf of County of Weld ("Petitioner" or "County"), a political subdivision of the State of Colorado,
in accordance with Colorado law, hereby petition the Town of Ea ton ("Town") and its Board for
annexation to the Town of the following described unincorporated territory located in the County of
Weld, State of Colorado, to -wit:
The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised
Statues, hereby petition the Board of Trustees of the Town of Eaton for annexation into the Town of
Eaton the unincorporated territory, the legal description of which is attached hereto as Exhibit "A" and
shown in Exhibit "B" and incorporated herein by this reference, located in the County of Weld and State
of Colorado, and
This annexation shall be known as the "CR 72 AND CR 39 ANNEXATION."
In support of this petition, the petitioner further states to the Board of Trustees that:
1. It is desirable and necessary that the territory described or shown in attached Exhibits A
and B be annexed to the Town of Eaton.
2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes,
as amended, exist or have been met in that:
a. Not Tess than one -sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the Town of Eaton or will be contiguous with the Town of Eaton
within such time as required by Section 31-12-104.
b. A community of interest exists between the territory proposed to be annexed and
the Town of Eaton.
c. The territory sought to be annexed is urban or will be urbanized in the near future.
d. The territory sought to be annexed is integrated with or is capable of being
integrated with the Town of Eaton.
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e. No land within the boundary of the territory 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, 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 territory 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 area proposed to be annexed without
the written consent of the landowner or landowners.
g. The territory proposed to be annexed does not include any area which is the same
or substantially the same area in which an election for an annexation to the Town
of Eaton was held within twelve months preceding the filing of this petition.
h. The territory proposed to be annexed does not include any area included in
another annexation proceeding involving a town other than the Town of Eaton
i. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
j. The annexation of the territory proposed to be annexed will not have the effect
of extending the boundary of the Town of Eaton more than three miles in any
direction from any point of the boundary of the Town of Eaton in any one year.
k. The territory proposed to be annexed is 10.73 acres in total area.
I. 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, playgrounds, squares, parks, aviation
fields, other public ways, grounds, open spaces, public utilities, and terminals for
water, and sanitation to be provided by the Town of Eaton; including the
providers of transportation, light, natural gas, and power, and the proposed land
uses for the area; such plan to be updated at least once annually.
m. 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
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franchise adjoining any platted street or alley which is to be annexed to the Town
of Eaton but is not bounded on both sides by the Town of Eaton.
3. The owners of more than fifty percent (50%) of the area proposed to be annexed,
exclusive of dedicated streets and alleys, have signed this petition and hereby petition for
annexation of such territory.
The signatures on this petition comprise one -hundred percent (100%) of the landowners
of the territory to be annexed and said landowners attesting to the facts and agreeing to
the conditions herein contained will negate the necessity of any annexation election.
4. Accompanying this petition are four copies of an annexation map as well as an electronic
file that will contain the following information:
a. A written legal description of the boundaries of the area proposed to be annexed,
in the form of a title commitment issued within 30 days of the application date;
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;
c. A surveyor's certificate prepared by a registered land surveyor that attests to the
preparation of the map and certifies at least one -sixth (1/6) contiguity to the
Town of Eaton;
d. Within the annexation boundary map, an identification of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the
boundaries and the plat numbers of plots or of lots and blocks. Also within the
boundary map, identification of any special districts the area proposed to be
annexed may be part of;
e. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Eaton 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;
f. A full legal description of property to be annexed in word format;
g. A tax certificate showing all taxing entities;
h. Mineral owner's notification certificate; and
i. An acceptance block describing the acceptance action by the Mayor on behalf of
the Town of Eaton and providing for the effective date and Town Clerk attest
signature.
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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 Town of Eaton, except for general property taxes of the Town of Eaton, which shall
become effective as of the January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is A-1,
Agricultural District. The petitioner agrees that said annexed land shall be zoned pursuant
to the Eaton Municipal Code within ninety (90) days from the effective date of the
annexation ordinance.
7. There shall be no duty or obligation upon the Town of Eaton to furnish water or sanitary
sewer facilities to the area proposed to be annexed. Such services will be provided at such
time, in the sole discretion of the Town, when such services for water and sanitary sewer
can be economically and reasonably installed to service a sufficient number of inhabitants
within the area so as to make the construction and establishment of such services feasible
and at no additional cost for the same or similar type of services provided to inhabitants
within the existing corporate limits of the Town.
8. An annexation agreement has been or will be executed by the petitioner herein and the
Town of Eaton relating to this annexation and the petitioner hereby expressly consents
to the terms and conditions set forth in the annexation agreement.
9. The petitioner agrees to the following terms and conditions, which shall be covenants
running with the land, and which may, at the option of the Town, appear on the
annexation map:
a. All conditions set out in the annexation agreement executed by the petitioner.
THEREFORE, the petitioner, whose signature is on the signature sheet on the next page,
respectfully petitions the Board of Trustees of the Town of Eaton to annex the territory described, shown
and/or referenced to in Exhibits A and B to the Town of Eaton in accordance with and pursuant to the
statues of the State of Colorado.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY Clerk to the Board WELD COUNTY, COLORADO
B
(
Deputy) Clerk to the
STATE OF COLORADO
ss
COUNTY OF WELD
. 7 O -�--J
Kevin D. Ross, Chair SEP 2 3 2024
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The above and foregoing instrument was subscribed and sworn to before me this23"day of
Sep+erhe♦
Witness my hand and official seal.
My commission expires on: VS/2027
MARIAH N HIGGINS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194029616
MY COMMISSION EXPIRES AUGUST 5, 2027
(SEAL)
Notary Public
It50 O S+ree+
Address
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20ZLI -Z551
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 Town
of Eaton, Colorado, consisting of 5 pages, including this page and that each signature thereon was
witnessed by your affiant and is the true signature of the person whos 'rt urports to be.
STATE OF COLORADO
COUNTY OF WELD
)
ss
ator: Bruce T. Barker, Weld County Attorney
ACKNOWLEDGEMENT
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 23'1
day of Sep+e,,1e/, 2029.
Witness my hand and official seal.
My commission expires on: 55/5 /2_027
(SEAL)
MARIAH N HIGGINS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194029616
MY COMMISSION EXPIRES AUGUST 5, 2027
Notary Public
11114 -7i -V2--
150 O Sf-ree-I-
Address
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EXHIBIT A
A parcel of land located in Sections 5, 6, 7 and 8, Township 6 North, Range 65 West of the 6th
Principal Meridian, County of Weld, State of Colorado and being more particularly described as
follows:
Considering the West line of the Southwest Quarter of Section 5, Township 6 North, Range 65
West of the 6th Principal Meridian, as bearing North 00° 05' 08" East (assumed bearing) with the
West Quarter corner of Section 5 monumented by a #6 rebar with 3-1/4" aluminum cap stamped
LS 7242, and the Southwest corner of Section 5 monumented by a #6 rebar with 3-1/4"
aluminum cap stamped LS 7242, and with all bearings contained herein relative thereto:
COMMENCING at the Southwest corner of said Section 5;
THENCE North 00° 05' 08" East along the West line of the Southwest Quarter of Section 5, a
distance of 30.02 feet;
THENCE North 88° 00' 45" West departing said West line, a distance of 30.02 feet to the
southeast corner of Anderson Annexation, recorded at Reception No. 3224053, said point being
the POINT OF BEGINNING;
THENCE North 00° 05' 08" East, a distance of 2277.74 feet to the South line of Eaton Cemetery
Second Annexation, recorded at Reception No. 2510988;
THENCE along said South line the following 2 courses and distances:
South 89° 55' 51" East a distance of 30.00 feet;
THENCE South 87° 59' 51" East a distance of 30.02 feet;
THENCE South 00° 05' 08" West departing said South line, a distance of 2279.76 feet to the
North right-of-way line of Weld County Road 72;
THENCE South 85° 57' 54" East along said North line, a distance of 222.08 feet;
THENCE South 04° 02' 06" West departing said North line, a distance of 60.00 feet;
THENCE South 81° 50' 43" West a distance of 142.88 feet;
THENCE South 60° 09' 58" West a distance of 87.93 feet to the East right-of-way line of Weld
County Road 39;
THENCE South 00° 11' 27" West along said East line, a distance of 1332.61 feet;
THENCE North 89° 48' 33" West departing said East line, a distance of 65.00 feet;
THENCE North 01° 46' 57" West a distance of 435.65 feet;
THENCE North 02° 31' 10" West a distance of 211.49 feet;
THENCE North 89° 19' 54" West a distance of 10.00 feet;
THENCE North 00° 13' 03" West a distance of 659.56 feet;
THENCE North 35° 26' 29" West a distance of 56.74 feet;
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THENCE North 88° 00' 45" West a distance of 505.21 feet;
THENCE North 01 ° 59' 15" East a distance of 15.00 feet;
THENCE North 88° 00' 45" West a distance of 107.76 feet;
THENCE North 01 ° 59' 15" East a distance of 15.00 feet;
THENCE North 86° 03' 09" West a distance of 730.95 feet;
THENCE North 88° 00' 45" West a distance of 337.56 feet;
THENCE North 01° 59' 15" East a distance of 10.00 feet;
THENCE North 88° 00' 45" West a distance of 211.67 feet to the East right-of-way line of Union
Pacific Railroad;
THENCE North 08° 17' 46" West a distance of 60.98 feet to the North right-of-way line of Weld
County Road 72;
THENCE South 88° 00' 45" East along said North line, a distance of 1977.42 feet to the POINT
OF BEGINNING.
Said parcel containing 10.73 acres (467,457 square feet), more or less, and maybe subject to
easements and rights -of -way now on record or existing.
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EXHIBIT B
CR 72 AND CR 39 ANNEXATION
TO THE TOWN OF EATON
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, THE SOUTHEAST QUARTER OF SECTION 6, THE NORTHEAST QUARTER OF SECTION 7
AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH. RANGE 65 WEST OF THE 6TH P.M_, COUNTY OF WELD, STATE OF COLORADO
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