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Home My WebLink About20240733.tiffPlanning & Building 130 S. McKinley Avenue Phone: 720.928.4003 Fort Lupton, CO 80621 Fax: 303.857.0351 www.fortluptonco.gov RECEIVED CITY OF FORT LUPTON NOTICE OF PUBLIC HEARING MAR 2 7 2024 WELD COUNTY COMMISSIONERS Notice is hereby given that the City of Fort Lupton is in receipt of an application for an Annexation and Special Use Permit referred to as the Ewing Annexation and Special Use Permit located west and adjacent to Highway 85 and approximately .5 mile south of County Road 18 in Weld County, Colorado, pursuant to the City of Fort Lupton Municipal Code Notice Requirements. The public hearings are to be held before the Planning Commission on Thursday, March 28, 2024, at 6:00 P.M., and before the City Council on Tuesday, April 16, 2024, at 6:00 P.M. or as soon as possible thereafter. The public hearings shall be held at the Fort Lupton City Hall, 130 S. McKinley Avenue in Fort Lupton, Colorado. In the event that the City Hall is closed at the time of the hearings, the public hearings will be held remotely, accessible to the public by phone and internet. Information on how to attend the hearings will be provided in the agenda as posted on the City's website, www.fortluptonco.gov. Further information is available through the City Planning and Building Department at (720) 928-4003 ADDITIONAL INFORMATION AND DOCUMENTS ON THIS APPLICATION CAN BE FOUND AT BIT.LY/FLDEVELOPMENTAND SCROLLING DOWN TO THE ROW TITLED: EWING ANNEXATION AND SPECIAL USE PERMIT ALL INTERESTED PERSONS MAY ATTEND LEGAL DESCRIPTION The Ewing Gravel Pit is located directly north of Fort Lupton in Weld County, CO in part of the Southeast ' (SE'A) of Section 30, Township 2 North, Range 66 West, of the 6th Principal Meridian (PM) and part of the East 'A (E %) of the Southwest 'A (SW 'A) of Section 30, Township 2 North, Range 66 West, of the 6th Principal Meridian (PM). The legal description is as follows: A PLAT OF A PARCEL OF LAND IN THE CITY OF FORT LUPTON, COLORADO, LOCATED IN THE SOUTH HALF OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTY (30), TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT THE TRACT OF LAND CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 13, 1967 UNDER RECEPTION NO. 1501076, DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY COLORADO, DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE NORTH ALONG THE EAST LINE OF SAID SE1/4, A DISTANCE OF 1082.00 FEET; THENCE S60°45'W, A DISTANCE OF 135.41 FEET TO A POINT ON THE WESTERLY R.O.W. LINE OF U.S. HIGHWAY NO. 85, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S58° 45'W, A DISTANCE OF 211.18 FEET; THENCE 555°03'W A DISTANCE OF 454.35 FEET; THENCE NORTH 89'19'30"W, A DISTANCE OF 405.42 FEET TO A POINT ON THE CENTERLINE OF THE "hi ?A Leda. SO C,la � ? L i.E•lz I 141,11..) Fl EP/ C.M-t/-rP), -PO (.LE+ $) fi'STL (DK / 36), GI 5 L5G['1PP)1 $ 4 tI-P 5 al zgl i4 2024-0733 PLATTEVILLE DITCH; THENCE ALONG SAID CENTERLINE BY THE FOLLOWING COURSES AND DISTANCES; S32°57'W, 57.98 FEET; S46°21'W, 200.00 FEET; S59°36'W, 115.00 FEET; 584°25'45"W, 145.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, A DID%ANCE OF 72;62 FEET (THE RADIUS OF SAID CURVE IS 48.64 FEET AND THE DELTA IS 85°32'45"); THENCE 501 ° 07'E, 304.28 FEET; S49°40'30"E, 65.07 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE SE1/4 SECTION 30; THENCE N89° 51'E ALONG SAID SOUTH LINE, A DISTANCE OF 1366.39 FEET TO A POINT ON THE WESTERLY R.O.W. OF U.S. HIGHWAY NO. 85; THENCE NORTH ALONG SAID R.O.W. LINE, A DISTANCE OF 1015. 84 FEET TO THE TRUE POINT OF BEGINNING. AND ALSO EXCEPTING A TRACT OF LAND SITUATED IN SE1/4 OF SAID SECTION 30, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID SE1/4; THENCE DUE EAST 720 FEET; THENCE NORTH 66° 24' WEST 810 FEET; THENCE SOUTH 320 FEET TO THE PLACE OF BEGINNING; AND ALSO EXCEPTING A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE NORTH LINE OF THE SE 1/4 FROM WHICH POINT THE NORTHEAST CORNER OF SECTION 30 BEARS NORTH 2°26' EAST, A DISTANCE OF 2640.6 FEET; THENCE SOUTH 0°05' EAST, 1619.0 FEET TO A POINT ON THE SOUTH PROPERTY LINE; THENCE NORTH 60° 40' EAST, A DISTANCE OF 137.5 FEET TO A POINT ON THE EAST LINE OF SECTION 30; THENCE ALONG THE EAST LINE OF SECTION 30, NORTH 0°05' WEST, A DISTANCE OF 1551.8 FEET TO THE NORTHEAST CORNER OF THE SE 1/4 OF SAID SECTION 30; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 SOUTH 89°55'30" WEST, A DISTANCE OF 120.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT TRACT OF LAND CONVEYED BY WARRANTY DEED RECORDED JULY 11, 2001 UNDER RECEPTION NO. 2865029, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION THIRTY, TOWNSHIP TWO NORTH, RANGE SIXTY-SIX WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION THIRTY, TOWNSHIP 2 NORTH, RANGE SIXTY-SIX WEST OF THE SIXTH PRINCIPAL MERIDIAN, FROM WHENCE THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION THIRTY BEARS S00° 20'40"W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION THIRTY, N89° 43'26"E A DISTANCE OF 385.26 FEET; THENCE SOUTH 59°17'18"W A DISTANCE OF 180.22 FEET; THENCE S54° 56'22"W A DISTANCE OF 94.45 FEET; THENCE $63 34'06W A DISTANCE OF 172.35 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE ALONG SAID WEST LINE N00° 20'40"E A DISTANCE OF 221.16 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND ALSO EXCEPTING THAT PARCEL CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO IN DEED RECORDED FEBRUARY 3, 1964 UNDER RECEPTION NO. 1428041, COUNTY OF WELD, STATE OF COLORADO. PARCEL B: A TRACT OF LAND LOCATED IN THE SOUTHWEST (SW 1/4) OF SECTION THIRTY (30), TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT 350 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30; THENCE SOUTH 69° WEST 416 FEET; THENCE SOUTH 28° 45' WEST 550 FEET; THENCE SOUTH 11° WEST 992 FEET; THENCE SOUTH 66° 24' EAST 920 FEET; THENCE DUE NORTH 1970 FEET TO THE PLACE OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO EWING ANNEXATION MAP A part of the South Half of Section 30 Township 2 North, Range 66 West of the 6th Principal Meridian County of Weld, State of Colorado DESCRIPTKM: A port of the South Half of Section 30, Township 2 North, Range 66 West of the 6m Principal Meridian. County of Weld. State of Caeoraoo, more particularly described as follows - Bernal at a Pent on the Nets ins of the Southeast punter of sow Section 30, whence the Center Duarte comer thereof bears 589'18'36'1, a distance of 365 TO feet with ail bearings contoured herein relatin thereto, hence along saws North line N89'18'36'[. a distance of 7.15568 feet to the West line of State Highway No 85 . thence Wong Sod Ins S00'33'4S'E, o distance of 1.671 38 feet; trance departing sold line 558'17'41'*, o distance of 20766 feet, thence 554'37'32'*, o aistonce of 454,35 feet; thecae Nff9'56'38'W, o distance of 405 32 feet, thence 537'38'01k a oistonce of 58 11 feet. thence S4S'b0'31'*. a distance of 199 99 feet; thence 559'07129'K a distance of 114 65 feet. thence 583St'sers. a distance of 144 55 feel to point of curvature thence along _he arc of 0 curve to the left 72.62 feet, horng o radius of 48 64 feet and a central angle of 85'32'45'. thence S01'41'01-1. a distance of 302 49 feet, thence S50U0'59-E, o distance of 68.91 feet to the South Ire of sad Southeast Water of Section 30, thence along said line S8917'4Ine. a distance of 482 76 feet; thence departing sod tine N66'44'01'W, a distance of 1.701 34 feet, thence N10'55'47'E. a distance of 992 00 teet. thence N28"40'4n. a distance of 550.00 feet; thence N6835'4TE, a aisle:ace of 416.00 feet to the West line of solo Southeast Owner of Section 30 . thence Ctonq sod line N00'05'57'W, o distance of 178.84 feet thence deporting said line N63'09'23"E, a distance of 172.35 feet. thence N54'31'39'E, a distance of 94 45 feet; thence N58'52'35'E. o distance of 180 I5 feet to the POINT OF f3IONNINC. Containing 15592 octet: more or less The above described land is contiguous to the City of Fort Lupton Ina meets the requirements set forth in Colorado Revised Statutes 1973, 31-12-104-(1) (a) that one -sixth or more of the perimeter to be annexed is contiguous with the annexing municipality. • totai perimeter of the pored considered toi annexation - 10.524' • One -sixth of total perimeter required for annexation a 1.'754' • Perimeter contiguous with existing city limits a 8.41t'. exceeds • Area 155 97 octet OWNER CERTIFICATE: Know Au Men Hy Tnese Presents, that Tricycle Lone Texas ILL o Limited Liability Company, being the sae owners of the land described herein. hove caused said lend to be annexed under the name of Ewing Annexation Map. W WITNESS WHERE:OT, we have hereunto set our ponds and stale this Coy of_, 202 Signed this _ day of State of Caorodo County of Weld The foregoing instrument was acknowledges before me this _ day of Witness hand and official seal My commission expires Notary Public PLANNING COMMISSION RECOMMENDATION: This is to certify that the annexation map of the property described herein was recommended to the Fon Lupton City Council no Resolution No. Recommended tms_ooy of J 202 _ Unoirpason, Fort Lupton Planning Commission SAVOR'S CERTIFICATE: This is to certify that the annexation mop of the property described herein was approved by Ordinance No_ of the City of Fort Lupton passed and adopted on the_day ot_A.O., 202_ and that the Mayor and the City of Fort Lupton. as authorized by Ordinance No on behalf of the City Of Fort Lupton. hereby acknowledges and adopts the said annexation mop upon which this certificate is endorsed for all purposes indicated thereon Attest: City Clerk APPLICANT: Tricycle Lone Texas LLC 10100 Dallas St Henderson, CO 80640-6491 (970)356- 7523 j URYEYOR'S CERTIFICATION: 1, Weston t). Spears a Professional Land Surveyor registered in the State of Colorado. hereby certify that this annexation mop was mode in accordance with applicable standards of practice, was prepared under my responsible and is accurate to the best of my professional knowledge. information and belief. This if not a guaranty or rorronty, either expressed or implied a•i .w� Weston U. ,i' : IT ..r- ion al Land Bur veyor Colorado P.L.S No 38056 for and nn behalf of Weston Surveying Paula of laud located in We Smith Half it Serum 10, Toinolup 1 Nato Range e6 West of taw eth P County of Weld, Star of Cotesaeo Clan Taeytte taut Tens L1I SKI, T'm. R66W alibi. 6th Plu limpet Nu 2242 EWING ANNEXATION MAP A part of [hc South Ilalf of Sccuon 30 1 ownshtp 2 North, Rangc 66 West of the 6th Prtnctpal mend,. County of Weld, State of Colorado CRY cf Fa l WDIm SW 1/4 277, Lllyelfan „'7'7'2727, WplaI I Jp/IN fllWlfA rucl p1DHq 5[CANy LllY el Fert f0u1D R1aM1R WM Wpb, }I/� NL"LWN CM CO%P ¢Cloy JO 6 0 Rf]VA Nah L 0[lelm Mn1 Y enR"IS ]541] \Ip91E Tfdd" )�,\�,y1�1tij ' 'slnDr SE 1/4 SEC 0® anl"levlm Yengma, Na 6]1 Humberto faldtrvn Yorbnez k Rvciv Gvytm „�\ TYD1'1] Y11 \�� IH'"1NSS Ivalua se"etP tma rn ‘ r ® sft,nlri 6 pr5ypp �519j710Y HiJ�'1/� T Svulb PIatN Vepey HlDtmlml sxlely SeYvly Lund CO av]]Easr me1rR YO'J141' Jl GRAPHIC SCALE :en,)n IE9,6 panicle lee esalvef b ar"u4an 6walg AnnexMton MRp I'"aL alvdlmuMUV. mh Hilta] m10 Tow,HpiHmk� A!W yam e�bPH LeapdWeW p�urammse Neu, TLIrt Lx Tmu13C Cleo Cleek Slweytng mD T1N p]an mRY rDemvfetem;4;Fa.5J amemrx -r° 1O115eJ�]55 ilJYa Ha]1J] l PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort Lupton and its City Council for annexation to the City of Fort Lupton of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the Ewing Annexation to the City of Fort Lupton. As part of this petition, your petitioners further state to the City Council that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Fort Lupton. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Fort Lupton. b. A community of interest exists between the area proposed to be annexed and the City of Fort Lupton. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Fort Lupton. e. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: i. 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. ii. Comprises twenty acres or more, and, 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. f. No annexation proceedings have been commenced for any portion of the area proposed to be annexed for the annexation of such area to another municipality. g. The annexation of the area proposed to be annexed will not result in the detachment of said area from any school district. h. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Fort Lupton more than three miles in any direction from any point of the boundary of the City of Fort Lupton in any one year. i. The territory to be annexed is 155.92 acres, more or less, in total area. 1 j. 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, light, sanitation, transportation, and power to be provided by the City of Fort Lupton, and the proposed land uses for the area. k. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed but is not bounded on both sides by the City of Fort Lupton. 1. If required, an impact report will be prepared and filed pursuant to Section 31- 12-108.5, C.R.S.. 3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the landowners and own more than fifty percent (50%) of the property, excluding public streets and alleys and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit A attached hereto and incorporated herein by reference. 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the City of Fort Lupton, except for general property taxes of the City of Fort Lupton, which shall become effective as of the January 1 next ensuing. 5. The zoning classification requested for the area proposed to be annexed is _'A' Agriculture, as shown on the annexation map attached hereto and incorporated herein. 6. As required by the City of Fort Lupton, an annexation agreement has been or will be executed by the petitioners herein and the City relating to this annexation. The parties shall work together in good faith to negotiate and execute a final version of the Annexation Agreement. If the parties cannot mutually agree upon the form of such agreement, Petitioner may, in its sole discretion, withdraw this Petition without any penalty or prejudice at any time. 7. As an expressed condition of annexation, landowner(s) consent(s) to petition for inclusion into the Northern Colorado Water Conservancy District and the municipal sub district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs associated with such inclusion at such time that municipal water is necessary to serve current or future development on the property. At such time, the Owner shall complete a water study at the Owner's expense as requested by the City or applicable water provider(s). Landowner(s) acknowledge(s) that, upon inclusion into the district and subdistrict, landowner's(s') property will be subject to the same mill levies and 2 special assessments as are levied or will be levied on other similarly situated property in the district and subdistrict at the time of inclusion of landowners(s') lands. Landowner(s) agree(s) to waive any right to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and subdistrict can impose such mill levies and special assessments as it has the authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. 8. The non-refundable annexation application fee of $2500 is tendered herewith. 3 THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton, to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance with and pursuant to the statutes of the State of Colorado. Land Owner Name: TRICYCLE LANE TEXAS, LLC 1 Signature: Mailing Address (street, city, state, ZIP): 10100 DALLAS STREET, HENDERSON, CO 80640-8491 Date of signing: Fe s o is,202V Land Owner Name: 2 Signature: Mailing Address (street, city, state, ZIP): Date of signing: Land Owner Name: 3 Signature: Mailing Address (street, city, state, ZIP): Date of signing: Land Owner Name: 4 Signature: Mailing Address (street, city, state, ZIP Code): Date of signing: (Additional sheets maybe attached if necessary. T.be foregoing signature(s) was/were subscribed and sworn to before me this 15-4.4- day of , 2Q , by 5cw 0,5 Witness my hand and official seal. My commissioner s Notary Kyl dieux A Notary Public in and for the Province of Alberta 4 Exhibit A [Exhibit A to the Annexation Petition should exclude public right of way. If necessary, attach separate sheet(s).1 Land Owned by Land Owner 1: A PLAT OF A PARCEL OF LAND IN THE CITY OF FORT LUPTON, COLORADO, LOCATED IN THE SOUTH HALF OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTY (30), TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT THE TRACT OF LAND CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 13, 1967 UNDER RECEPTION NO. 1501076, DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY COLORADO, DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE NORTH ALONG THE EAST LINE OF SAID SE1/4, A DISTANCE OF 1082.00 FEET; THENCE S60°45'W, A DISTANCE OF 135.41 FEET TO A POINT ON THE WESTERLY R.O.W. LINE OF U.S. HIGHWAY NO. 85, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S58° 45'W, A DISTANCE OF 211.18 FEET; THENCE S55°03'W A DISTANCE OF 454.35 FEET; THENCE NORTH 89°19'30"W, A DISTANCE OF 405.42 FEET TO A POINT ON THE CENTERLINE OF THE PLATTEVILLE DITCH; THENCE ALONG SAID CENTERLINE BY THE FOLLOWING COURSES AND DISTANCES; S32°57'W, 57.98 FEET; S46°21'W, 200.00 FEET; S59°36'W, 115.00 FEET; S84°25'45"W, 145.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 72.62 FEET (THE RADIUS OF SAID CURVE IS 48.64 FEET AND THE DELTA IS 85°2'45"); THENCE SO1 ° 07'E, 304.28 FEET; S49°40'30"E. 65.07 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE SE1/4 SECTION 30; THENCE N89° 51'E ALONG SAID SOUTH LINE, A DISTANCE OF 1366.39 FEET TO A POINT ON THE WESTERLY R.O.W. OF U.S. HIGHWAY NO. 85; THENCE NORTH ALONG SAID R.O.W. LINE, A DISTANCE OF 1015. 84 FEET TO THE TRUE POINT OF BEGINNING. AND ALSO EXCEPTING A TRACT OF LAND SITUATED IN SE1/4 OF SAID SECTION 30, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID SE1/4; THENCE DUE EAST 720 FEET; THENCE NORTH 66° 24' WEST 810 FEET; THENCE SOUTH 320 FEET TO THE PLACE OF BEGINNING; AND ALSO EXCEPTING A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE NORTH LINE OF THE SE 1/4 FROM WHICH POINT THE NORTHEAST CORNER OF SECTION 30 BEARS NORTH 2°26' EAST, A DISTANCE OF 2640.6 FEET; THENCE SOUTH 0°05' EAST, 1619.0 FEET TO A POINT ON THE SOUTH PROPERTY LINE; THENCE NORTH 60° 40' EAST, A DISTANCE OF 137.5 FEET TO A POINT ON THE EAST LINE OF SECTION 30; THENCE ALONG THE EAST LINE OF SECTION 30, NORTH 0°05' WEST, A DISTANCE OF 1551.8 FEET TO THE 5 NORTHEAST CORNER OF THE SE 1/4 OF SAID SECTION 30; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 SOUTH 89°55'30" WEST, A DISTANCE OF 120.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT TRACT OF LAND CONVEYED BY WARRANTY DEED RECORDED JULY 11, 2001 UNDER RECEPTION NO. 2865029, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION THIRTY, TOWNSHIP TWO NORTH, RANGE SIXTY-SIX WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION THIRTY, TOWNSHIP 2 NORTH, RANGE SIXTY-SIX WEST OF THE SIXTH PRINCIPAL MERIDIAN, FROM WHENCE THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION THIRTY BEARS S00° 20'40"W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION THIRTY, N89° 43'26"E A DISTANCE OF 385.26 FEET; THENCE SOUTH 59°17'18"W A DISTANCE OF 180.22 FEET; THENCE S54° 56'22"W A DISTANCE OF 94.45 FEET; THENCE $63 34'06W A DISTANCE OF 172.35 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE ALONG SAID WEST LINE N00° 20'40"E A DISTANCE OF 221.16 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND ALSO EXCEPTING THAT PARCEL CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO IN DEED RECORDED FEBRUARY 3, 1964 UNDER RECEPTION NO. 1428041, COUNTY OF WELD, STATE OF COLORADO. PARCEL B: A TRACT OF LAND LOCATED IN THE SOUTHWEST (SW 1/4) OF SECTION THIRTY (30), TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT 350 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30; THENCE SOUTH 69° WEST 416 FEET; THENCE SOUTH 28° 45' WEST 550 FEET; THENCE SOUTH 11° WEST 992 FEET; THENCE SOUTH 66° 24' EAST 920 FEET; THENCE DUE NORTH 1970 FEET TO THE PLACE OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. 6 AFFIDAVIT OF CIRCULATOR 1c 1/ A/ 6 cF AL Qe4774 'C� f STATE OF COLORADO,1 ) )ss. COUNTY OF WELD ✓ ) oc CALGAiej/ C©fk-r , being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. (Signature of Circulator The foregoing Affidavit was subscribed sworn to before me this .(5-+k day of BOA -1 , 20,,q , by 'AA/i 5 CoAcirs Witness my hand and official seal. My commission expires on t` J4 Notary Publi Kyle Cad! = x A Notary Public n and for the Province of Alberta 7 Hello