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Home My WebLink About20211452.tiffPLANNING & DEVELOPMENT Planning Division TOWN OF ERIE 1874 May 24, 2021 Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 RE: Hammer Annexation to the Town of Erie Dear Commissioners, RECEIVED MAY 2 7 2021 WELD COUNTY COMMISSIONERS Please find enclosed the following documents for your review: • Annexation Impact Report for Hammer Annexation to the Town of Erie • Exhibit Al Attachment - Town of Erie Zoning Map • Exhibit A2 Attachment - Hammer Annexation Map • Exhibit B1 Attachment - Erie Transportation Plan Map • Exhibit Cl Attachment - Town of Erie Comprehensive Plan Map • Exhibit B3 Attachment - Wastewater Collection System Master Plan Map • Notice of Public Hearing • Approved Resolution 21-058 including Exhibit A • Annexation Petition and Map Should you have any questions, please feel free to contact us at 303.926.2770. Regards, Melinda Helmer Planning Technician Town of Erie Planning Division 645 Holbrook Street - P.O. Box 750 Erie, Colorado 80516 303.926.2770 Pvb i ;C Rev:eO e 0 ce: soots) mop) cn(MWt4T/TP) �6�O,7�e2 NCERAWEP�Auto:n( 161GI.s(s6) aS/27/21 2021-1452 Annexation Impact Report For Hammer Annexation To The Town Of Erie Prepared for the County of Weld, Colorado Town of Erie 645 Holbrook, PO Box 750 Erie, Colorado 80516 May 12, 2021 1 of 5 TABLE OF CONTENTS Introduction Annexation Maps Utilities/Municipal Services Municipal Services Financing Special Districts Impact on Public School District Systems Exhibit Al Exhibit A2 Exhibit B1 Exhibit B2 Exhibit B3 Exhibit Cl Town Boundary/Zoning Map Annexation Map Roadway Master Plan Water System Master Plan Waste Water System Master Plan 2015 Comprehensive Land Use Plan Map Introduction This impact report is provided to Weld County pursuant to C.R.S. 31-12-108.5. The Town of Erie, Colorado, has received an annexation petition for approximately 45 acres located within Weld County, owned by: Anadarko E&P Company LP. The subject property is located at the Northeast corner of Weld County Road 7 and Weld County Road 12 and is generally described as the portions of Section 3, Township 1 North, Range 68 West of the 6th Principal Meridian. The property is proposed for zoning as Heavy Industrial under Title 10 of the Town of Erie Municipal Code. On June 22, 2021, the Town of Erie will hold a public hearing to consider this annexation. I. Annexation Maps The subject property is depicted on the Annexation Map, Exhibit A, attached. Also shown on Exhibit Al and A2, pursuant to C.R.S. 31-12-108.5 is the following: The present and proposed boundaries of the municipality in the vicinity of the proposed annexations. Shown on Exhibits B1, B2 and B3 are 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 annexations. Shown on Exhibit Cl and Al, attached hereto, are the following: The 2015 Comprehensive Plan -Land Use Plan Map showing existing and proposed land use patterns in the vicinity of the properties to be annexed; and the current Zoning Map showing existing zoning in the vicinity of the properties to be annexed. 3 of 5 II. Utilities/Municipal Services 1. Water and Wastewater The property will require the extension of water services into the site at the time of development. There are existing Town of Erie water service mains located 2 miles west and 2 miles south of the property proposed for annexation. It will be the responsibility of the developer to extend Town water services into the property proposed for annexation at the time of development. The property will require the extension of wastewater services into the site. There is an existing Town of Erie waste water service main located 2 miles west of the property proposed for annexation. It will be the responsibility of the developer to extend Town wastewater services into the property proposed for annexation at the time of development. The proposed annexation will not require the Town to extend any municipal water or wastewater service lines. 2. Other Utilities Comcast/Century Link/Direct TV currently provide telephone service within the proposed annexation vicinity. No change in this service is proposed. United Power currently provides electrical power and Black Hills Energy provides natural gas services within the proposed annexation vicinity. No change in this service is proposed. Extension of these other utility services into the property proposed for annexation will be the responsibility of the developer at the time of development. 3. Police Protection The Town of Erie provides its own police protection and will extend police protection services to the area proposed to be included within the Town's boundaries as part of this annexation. 4. Street maintenance and improvements Future proposed streets within the annexation area will be constructed by the developer at the time of development. Town provides maintenance of all public streets within Town boundaries. 4 of 5 5. Other Municipal Services The Town of Erie provides municipal services such as recreation and senior services and will extend these services to the area proposed to be included within the Town's boundaries as part of this annexation. III. Municipal Services Financing No additional infrastructure is required or proposed to provide municipal services within the area proposed to be included within the Town's boundaries as part of this annexation. To the extent any additional service provision occurs, such service can be accommodated within the Town's current budget. The developer of the properties will be responsible for on -site and off -site public improvements. IV. Special Districts The proposed annexation area is encompassed within the following districts: • Mountain View Fire Rescue District • Saint Vrain Valley School District • Lefthand Water District • Saint Vrain Sanitation District V. School District Impact There is no anticipated impact to the school district with this annexation. No residential units are planned with this annexation. 5 of 5 EXHIBIT Al Town of Erie, Colorado• _ ,- Zonin MapMI -_,,, M In 1 al _'40i �■ I. In li „"� BOULDER CO.UNT•Y , WELD COUNTYF ■ A ■ I Y.1 laaa_ - +um ima ■ . - sior • •1 st \ •. w 1 �``� • . aal; .---45,1/4.on . A. .- � w �a ts- ■� ,.na • • 111021 le 'irill �� ,...... ...__..._... . 111 111 t:. r ¶rW'4,!j%! r1- 35 itlar111 C.; ,•� lire ii'SL . 'i I. 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T. �g tr „= pTj .., PO 2 • _ —_» `�i - �� NC w a^u •r e• R T �,� of 24 �y 1 7aYfu� . t • �^,�C ,'��*!! ^'mss L R momLR �� firia. i- PO sum ' rf.r t.'�� ' t, S (ea :.fry' LR f ,...., rj,je;?jr lel T der• ' 1. • •�• PI a 0' -� iCD �' .r✓` u a /► �.�� WC 4 `se le : .•''; t: riiII : PI•11 D all al � j`}\yyy1��/' • P• F,� .� �_/iitladmig■� '� �y o.t ECM ■ I� ti R P: PDT i ; iNici ..L, / jjR l +� .: pc r •' - Am Da iv- s.PD �a R,1'r_7` ��1�F.i1A - o sso ,,,00 zezoo _ f'� as = -r Old Town Erie J1'�.�r/r"� �lr aaaaaa•aaa- , j_ is ' • _ , 1 �nc RP' i ►�.�. of j '1�� ( .:. L a_ f � I \ I v -s ; Ir �; 1/11 At+}.C tip'1 .�; • ;r;";:?i:ik 1.1 � &'iii; PD ■ \l . `� �� .>.`\%: "' ■ LR LR aa -� 8 L.201 We, AP lri -� �a \LL • HW 7 �--■■ 1 mrtri WELD COUNTY: 1 Mi il�`i. dlA / waautiWalla :f '-pt+' -l__l n1 tr .r .... .V•y;� .,.J••.�.54 'ADAMS COON mot-■ ., V - !a :.UL.E•COUNTY x.o rr� .• t. :mss":trr: ?4_m. ..,N•,-r�1 r i,, -'oo_MFIEL'•COUNTY a u ''^ y.`SFj /� J ■ IMR Um : /- '- ' i y•u.`, 1 �.CL, -I 1 Sv ='!~ :gi IL <) �. Thornton '.E.. al•. e• ft : ••==.. �s�. I rte 3 - ,_ 'r 1�� ' (I-,_,,.,. •:� . ,f 'f 2 —___ �— r'.wSl fe,._ l �j .�... p�n� �•� i:i .P. "41'' ki u. -•l \ 1IMILALEtWII 1 Gamma, tI1I'Ii .' PLI ; Zoning Legend .• t' I / Rural Preservation I - Regional Commercial iLR u LU==Is` (RP -1) (RC) mew St ,,,pprm..wl jurr -04- f` t ./ -;-• Rural Preservation 2 (RP -2) Community Commercial (CC) - ae a - Rural Preservation 3 (RP -3) 0 0.15 0.3 0.6 0.9 - Business (B) Miles Sources' Boulder Co GS. Weld Co GS COOT, Town of Erie -^—I' .• <.lm at r rte.Y, r-�� ROW •-\• �_.- + '� }- Rural Residential - Downtown District 5 �� r "�•—+ -• (RR) (DT) Noe; Tn s Intended to serve as a for Use r- —$,'-j pabe p (/ L_f,r'A 4 <� , E , • Estate Residential (ER) of Enc.'s s.dMute so ynd nature ',a Ta.n of Ene's Ptanning Ant Baaldary and k advisory In netae Lend Use patterns y a Neighborhood Mixed -Use (NMU) U _ + d[ OOn the off M.rytlfd.f ecogn:zng that development may calla e !J' f pmap g proposal fly,, Suburban Residential (SR) mixture of lard uses and day brats wttc actJeve the hlent of he Town of Este S Community Mixed -Use (CMU) • R� Cortgrehera+e Ptah Adopted Dabs Dec 21. 2605, ` • i ,�- Low Densi Residential R LI ht Industrial I Planning Area Boundary • �" Carnal The Comp fen er»r.v Plan contain\ Guidelines for The refinement d the "�•: ;~i, LR "'� r.• - --. 7'-- •a Medium DensityResidential(MR) generalized I Public Lands $ Institutions (PLI) tees depicedonthe map. These gJIdennesstrouCbereferred tobyappinMspnortothe •-• r..:..... ,:Town Boundary preparation of a development submittal and by Townie. elected, and apponted erects •'•• � t ti ,' . , .-, --:. r - No as peg of the development review process �;;' .••" ',Tyra P',TyraaI_..... - High Density Residential (HR) Airport (AP) O Community Gateways . % ^hT `•1 Town Residential �� Old (OTR) Agriculture/Open Space (AG/OS) Map Revision Date: October 21, 2019 II ( • ice Planned Development (PD) Planned Unit Development (PUD) Overlay O 1-25 Interchange (Future) . .\)!" „re.•.. ca r,v. R rt ,••, EXHIBIT A2 ANNEXATION AREA A portipn of the West One-half (WS/2) of the Southwest One -quarter (SW1/4) of Section 3, TIN, R68W, Weld County, Colorado, being mare particularly described as follows: Commencing at the Southwest corner of said Section 3 and proceeding N44°48'29"E, 42.46 feet to the East right-of-way line of Weld County Road 7 and the Point of Beginning; Thence along said East right-of-way line, N00°08'31"W, 269.95 feet; Thence departing said East right-of-way line, N89°42'54"E, 100.02 feet, Thence NO0°10'55"W,120.10 feet; Thence 589%3'03"W,179.94 feet to a point on said East -fight -of way line; Thence along said East right-of-way line, NOO°08'31"W, 1321.38 feet; Thence departing said East right-of-way line, N89°S1'29"E, 797.55 feet; Thence 500°00'00"E, 329.97 feet; Thence N90°00'00"E, 451.08 feet; Thence 500°08'03"E, 1378.18 feet to a point on the North right-of-way line of Weld County Road 12; Thence along said North right-of-way line, SB9°45'30"W, 1248.42 feet to the Paint of Beginning. Said parcel contains 45.10 acres (1,964,590 sq. ft.), more or less. BOARD OF TRUSTEES APPROVAL CERTIFICATE THIS ANNEXATION MAP IS TO BE KNOWN AS THE'HAMMER ANNEXATION TO THE TOWN OF ERIE' AND IS APPROVED AND ACCEPTED BY ORDINANCE NO. PASSED AND ADOPTED AT A MEETING OF THE BOARD OF TRUSTEES OF ERIE, COLORADO, HELD ON 20 . MAYOR ATTEST CLERK 8 RECORDER CERTIFICATE STATE OF COLORADO ) ) es. COUNTY OF 1 I HERESY CERTIFY THAT THIS ANNEXATION MAP WAS FILED IN MY OFFICE ON THIS DAY OF 20_A.D. AND WAS RECORDED AT RECEPTION NUMBER COUNTY CLERK AND RECORDER HAMMER ANNEXATION TO THE TOWN OF ERIE LOCATED IN THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, Ti N, R68W, 6TH P.M. TOWN OF ERIE, WELD COUNTY, COLORADO 45.10 ACRES AN -001267-2021 C.W.1/16 a R. FOUND x' ALUM. CAP P,LS.NO.10v5S w.1/4 con. Rew iraw aRAss uP Ma co AIN,,,cWWnw Msn,ccnONe-0e cr vA C] 0nBRAM Ua BLM POINT OF COMMENCEMENT L PRDPERIYOWNF5:O eccnE ANAUAVYC {BPLB�AHYV Pn41 YG/ -/ le I I } V I —TixsTW ",nw ,roo'.f�E PERIMETER SUMMARY: ]9 ANNEXATION BOUNDARY PERIMETER0139.20 CONTIGUOUS MAN PERCENTAGE MATCHING CONTIGUOUS BOUNDARY SURVEYOR'S NOTES:. I. BASIS OF BEARING DERIVED FROM COLORADO COORDINATE SYSTEM OF 100x, NORTH ZONE x. AU M SURVEYOR'S CERTIFICATE 1, RANDALL K FRENCH, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ANNEXATION MAP SHOWN HEREON TRULY AND CORRECTLY REPRESENTS THE ABOVE DESCRIBED PARCEL(S) OF LAND AND THAT AT LEAST ONE SIXTH (1/6) OF THE PERIPHERAL BOUNDARY OF SAID PARCEL(S) IS CONTIGUOUS TO THE PRESENT BOUNDARY OF THE TOWN OF ERIE I ATTEST THE ABOVE ON THIS DAY OF 20 . GUNCIALL IC FRENCH COLORADO REGISTERED PROFESSIONAL LONA,1dgyo46r NO.38512. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT SURVEY THREE YEARS AFTER I YOU DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION D °W.C. TO THE UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CFRTInCAT1oN W1/16 CDR. SHOWN HEREON. ,0, TIN, REIM x iLUM.. UP 5.1/4 GOR N0 .LS. A1N, RAM FOUND 3 M ALUM. CAP LS. NO.1102 LEGEND A. FOUND PUS MONUMENT AS INDICATED SECTION UNE QUARTER SECTION LINE SIXTEENTH SECTION UNE E7j%7%JJJJ/j TOWN OF ERIE LIMITS 5E W.1/16Ty R.R HO — HAMMER ANNEXATION TO THE TOWN OF ERIE LOCATED IN THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, Ti N, R68W, 6TH P.M. TOWN OF ERIE, WELD COUNTY, COLORADO CONSULTING, EEC DRAWN rA MISSIONS/ ov.. EXHIBIT B1 ERIE TRANSPORTATION PLAN Figure 15. Roadway Plan NORTH z Ara . . hoe RdL___ Freeway State/US Highway Principal Arterial Minor Arterial Collector X X X Vacate Roadway -o CC C J 0 0 V Existing Roundabout Proposed Roundabout Number of Lanes Buildout Through Lane ROW Preservation """" Proposed Existing Interchange Existing Grade Separation Felsburg Holt & Ullevig W C�R�12 4 Erie Pkwy. 00°' 1.40 NOTE: All ::;lectors are 2 Lanes unless otherwise noted. As development occurs, additional collectors may be required. Erie Transportation Plan • Page 38 EXHIBIT Cl LOOKOUT RD AG SRO? • 1PAILLE Town of Erie, Colorado Comprehensive Plan — 2095 Update Land Use Plan Map IE PKWY LoR Lafayett BASELINE RD Land Use Plan Legend AG Agriculture Parks/Public Open Space Public/Quasi Public LP Landfill Airport RR Rural Residential (0-2 du/ac) L.DR Low Density Residential (2-6 du/ac) BOULDER COUNTY JAY RD Medium Density Residential (6-12 du/ac) High Density Residential (12-20 du/ac) Downtown District Neighborhood Commercial Community Commercial Regional Commercial Mixed Use WELD COUNTY IftESTVIEW ESTATES RR In CR 101/2 Business Industrial Reservoirs County Boundary Planning Area Boundary Areas of Special Consideration ►ARMAN° ESTATES DEtNER REGIONAL LANDFILL RR WCR 12 RERL!UG Lar.CFILL RR WCR 4 Broomfield Canal/Ditch Railroad Community Gateways 1-25 Interchange (Future) Elementary School Middle School High School Proposed SCOTTS RES Frederick 1 Miles WELD COUNTY ADAMS COUNT Thornton Sources. Boulder CO GIS. Weir! CO GIS, COOT, Town of Erie Note. This map is intended to serve as a guide for future land use patterns vithn the Town of Erie's Planting Area Boundary and Is advisory in nature. Land Use patterns depicted on he map are gerersfized, remgn:zirg that development proposas may contain a mature of land uses and densly !eves wNch achieve the intent of Its Town of Erie Comprehensive Plan. Adopted Date' Dec. 21, 2005 The Comprehensive Pan contains guidelines for the refinement of the generalized areas depicted on the map These guidelines should be referred to by applicants prior to the preparation of a development tubmt al and by 'owl staff. elected, and appointed officals as part of the devebpment nv:ew process. Tin , Boundary Nat Shown Refer to Zoning Map for Town Boundary Map Revision Date: October 25, 2019 aa♦u� u tr` y LEGEND INN Sl. M l,..� Iw afira xi lati,Nos,ilibb A t � R 4Nittiiikt TACNA N't4\‘: 'EK btes '� iii 444 74; 20' CONTOUR 10' CONTOUR 9E PARKWAY STREETI HIGHWAY COLLECTION SYSTEM PIPES 1504143 PIPES WRN ADVERSE OR RAT SLOPES FREEEMRIZED PIES PPES WITH MARGINAL CAPACITY 0-0 1 -WY 52/n5 W Et9'TCR ALTERNATIVE AIfl4Birs WCft 5/7 INTERCEPTORS ALTERNATNE ALX3N..8NT Zr JO" 26' IXISTINO TRUNK SEINER PLANNED DEVELOPMENT TRUNK SEWER UL TIM TE TRUNK SEWER AL VERNATNE ROUTE SANITARY BASINS MARGINAL CAPACITY AT ULTIMATE BUILD -OUT. dO>O.5 FOR 512' PIPES. JID>0.T FOR LARGER PIPES INADEQUATE CAPACITY AT ULTIMATE BUILD -OUT, L zA SANITARY BASIN LISTS CANYON CREEK COAL CREEK GRANDVIEW HIGHWAY 52 INTERSTATE KENOSHA FARMS NORTHRIDGE NORTHWCST OLD TOWN ORCHARD OLEN SOUTH COAL CREEK WELD COUNTY ROAD J WELD COUNTY ROAD S WELD COUNTY ROAD 7 WEST SIDE AREAS NOT INCLUDED SEPTIC SYSTEM AREAS Jf5,Y/RY 1,100 0 1.700 2,400 1 Inch - 1,7011 Het I' III.lI'Ijt ILnl'I 1.3Ut•Ir^ .ux.11 Vi�1 IJ lit T. I 114'IA.!1l'.I I r:zo-71 f Fit TOWN OF ERIE WASTEWATER COLLECTION SYSTEM MASTER PLAN 0°°°0 MERRICK° 0 II AUGUST 2020 WW -1 Notice of Public Hearing Town of Erie Board of Trustees Notice is hereby given that on June 22, 2021, at 6:30 P.M., or as soon as possible thereafter, in the Erie Town Hall, 645 Holbrook Street, Erie, Colorado 80516, or virtually, the Town of Erie Board of Trustees will hold a PUBLIC HEARING to consider whether annexation of the following property meets the applicable requirements of the Colorado Constitution Article II Section 30 and C.R.S. § 31-12-101, et seq.: A portion of the West One-half (W1/2) of the Southwest One -quarter (SW1/4) of Section 3, T1N, R68W, Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 3 and proceeding N44°48'29"E, 42.46 feet to the East right-of-way line of Weld County Road 7 and the Point of Beginning; Thence along said East right-of-way line, N00°08'31"W, 269.95 feet; Thence departing said East right-of-way line, N89°42'54"E, 180.02 feet; Thence N00°10'55"W, 120.10 feet; Thence S89°43'03"W, 179.94 feet to a point on said East -right -of way line; Thence along said East right-of-way line, N00°08'31"W, 1321.38 feet; Thence departing said East right-of-way line, N89°51'29"E, 797.55 feet; Thence S00°00'00"E, 329.97 feet; Thence N90°00'00"E, 451.88 feet; Thence S00°08'03"E, 1378.18 feet to a point on the North right-of-way line of Weld County Road 12; Thence along said North right- of-way line, S89°45'30"W, 1248.42 feet to the Point of Beginning. Said parcel contains 45.10 acres (1,964,590 sq. ft.), more or less. A copy of Resolution No. 21-058, A Resolution of the Board of Trustees of the Town of Erie Accepting a Petition for Annexation of a Parcel of Land Located in Unincorporated Weld County is included with this Notice. The Petition for Annexation is on file with the Town of Erie. Any person living within the area proposed to be annexed, any landowner of lands thereof, any resident of the Town, any municipality located within one mile of the proposed annexation, or the Board of County Commissioners of Weld County may appear at such hearing and present evidence upon any matter to be determined by the Board of Trustees. /s/ Heidi Leatherwood, Town Clerk rui yue uui lb VI LVI I II I ICI IIJ, l.ul llwK.l. Town of Erie 645 Holbrook Street Erie, Colorado 80516 Phone: (303) 926-2700 This Notice shall be published in Colorado Hometown Weekly at least 30 days before such hearing and once a week for four successive weeks: May 19, 2021, May 26, 2021, June 2, 2021, June 9, 2021 and June 16, 2021. Please send the affidavit of publication and billing to: Town Clerk Town of Erie 645 Holbrook Street Erie, Colorado 80516 Town of Erie Resolution No. 21-058 A Resolution of the Board of Trustees of the Town of Erie Accepting a Petition for Annexation of a Parcel of Land Located in Unincorporated Weld County(Hammer Annexation) Whereas, Danielle Piernot, the authorized representative of Anadarko E&P Onshore LLC, as the sole owner of unincorporated land comprising more than 50% of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has filed a petition for annexation (the "Petition") of such land to the Town, which land is more particularly described in Exhibit A attached to the Petition; Whereas, pursuant to C.R.S. § 31-12-108, the Town may accept the Petition, if complete and in substantial compliance with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., and then the Board of Trustees will establish a date, time and place for a public hearing to consider the annexation; and Whereas, the Board of Trustees, at its regular meeting on May 11, 2021, reviewed the Petition and various documents submitted in support of the Petition. Now Therefore be it Resolved by the Board of Trustees of the Town of Erie, Colorado that: Section 1. The Petition is hereby accepted and found to be in substantial compliance with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq. Section 2. A public hearing is scheduled for Tuesday, June 22, 2021, at 6:30 p.m., at the Erie Town Hall, 645 Holbrook Street, Erie, Colorado 80516, or to be held virtually, to determine if the proposed annexation complies with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person living within the area proposed to be annexed, any landowner of lands thereof, any resident of the Town, any municipality located within one mile of the proposed annexation, of the Board of County Commissioners of Weld County may appear at such hearing and present evidence upon any matter to be determined by the Board of Trustees. Adopted this 11th day of May, 2021. Attest: Exhibit A A portion of the West One-half (W1/2) of the Southwest One -quarter (SW1/4) of Section 3, T1N, R68W, Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 3 and proceeding N44°48'29"E, 42.46 feet to the East right-of-way line of Weld County Road 7 and the Point of Beginning; Thence along said East right-of-way line, N00°08'31"W, 269.95 feet; Thence departing said East right-of-way line, N89°42'54"E, 180.02 feet; Thence N00°10'55"W, 120.10 feet; Thence S89°43'03"W, 179.94 feet to a point on said East -right -of way line; Thence along said East right-of-way line, N00°08'31"W, 1321.38 feet; Thence departing said East right-of-way line, N89°51'29"E, 797.55 feet; Thence S00°00'00"E, 329.97 feet; Thence N90°00'00"E, 451.88 feet; Thence S00°08'03"E, 1378.18 feet to a point on the North right-of-way line of Weld County Road 12; Thence along said North right-of- way line, S89°45'30"W, 1248.42 feet to the Point of Beginning. Said parcel contains 45.10 acres (1,964,590 sq. ft.), more or less. HAMMER ANNEXATION TO THE TOWN OF ERIE ANNEXATION AREA A portion of the West One-half (W1/2) of the Southwest One -quarter (SW1/4) of Section 3, TIN, R68W, Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 3 and proceeding N44°48'29"E, 42.46 feet to the East right-of-way line of Weld County Road 7 and the Point of Beginning; Thence along said East right-of-way line, N00°08'31"W, 269.95 feet; Thence departing said East right-of-way line, N89°42'54"E, 180.02 feet; Thence NOO°10'55"W,120.10 feet; Thence 5139°43'03"W, 179.94 feet to a point on said East -right -of way line; Thence along said East right-of-way line, NOD°08'31"W, 1321.38 feet; Thence departing said East right-of-way line, N89°51'29"E, 797.55 feet; Thence S00°00'00"E, 329.97 feet; Thence N90°00'00"E, 451.88 feet; Thence 500°08'03"E, 1378.18 feet to a point on the North right-of-way line of Weld County Road 12; Thence along said North right-of-way line, 589°45'30"W, 1248.42 feettothe Paint of Beginning. Said parcel contains 45.10 acres (1,964,590 sq. ft.), more or less. BOARD OF TRUSTEES APPROVAL CERTIFICATE THIS ANNEXATION MAP IS TO BE KNOWN AS THE "HAMMER ANNEXATION TO THE TOWN OF ERIE" AND IS APPROVED AND ACCEPTED BY ORDINANCE N0. PASSED AND ADOPTED AT A MEETING OF THE BOARD OF TRUSTEES OF ERIE, COLORADO, HELD ON 20 . MAYOR ATTEST TOWN °LEON CLERK & RECORDER CERTIFICATE STATE OF COLORADO ) ) 99. COUNTY OF I HEREBY CERTIFYTHAT THIS ANNEXATION MAP WAS FILED IN MY OFFICE ON THIS DAY OF 20 A.D. AND WAS RECORDED AT RECEPTION NUMBER - COUNTY CLERK AND RECORDER LOCATED IN THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, TIN, R68W, 6TH P.M, TOWN OF ERIE, WELD COUNTY, COLORADO 45.10 ACRES AN -001267.2021 w.,/16 COP. SEC.. TIN, ROW FOUND S ND No1BBS P FOUND 3 1/4" AU PROPERTY OWNERS, WTIN, ROW BRASS CAP POINT OF COMMENCEMENT LOTH cPROPER1T OWNERS: i G DR ANADARKO.?LP IP-0IB. RLaPRONND.ar,9o: --- Ti5P oo omT—:le.+—'—', I₹� 1 i=� "I � ^"o`io^ms`iow'aoa'Tm s ≥n� G`�RgE^DRDLD,BAraen �j 1 1 P W1no OIA. 1 FOUND G� v.Ls.WV 3Bs z6uP s.1/4 Co b SW FOUND CAP L.S. NO.11601 LEGEND POUND PI55 MONUMENT AS INDICATED -•--•—•—•- ANNEXATION BOUNDARY SERIDN LINE QUARTER SECTION LINE SIXTEENTH SECTION UNE ® TOWN OF ERIE LIMITS cox SEC' E BGTI N6""W PERIMETER SUMMARY: 61».39' ANNEXATION BOUNDARY PERIMETER 203.73. CONTIGUOUS BOUNDARY 46.2% PERCENTAGE MATCHING CONTIGUOUS BOUNDARY SURVEYOR'S NOTES: 1. BASIS OF [ BEARINGDERIVED FROM COLORADO COORDINATE SYSTEM OF 1503, NORTH ZONE. 3. AL SURVEYOR'S CERTIFICATE I, RANDALL K FRENCH, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ANNEXATION MAP SHOWN HEREON TRULY AND CORRECTLY REPRESENTS THE ABOVE DESCRIBED PARCEL(S) OF LAND AND THAT AT LEAST ONE SIXTH (1/6) OF THE PERIPHERAL BOUNDARY OF SAID PARCEL(B) IS CONTIGUOUS TO THE PRESENT BOUNDARY OF THE TOWN OF ERIE I ATTEST THE ABOVE ON THIS DAY OF ,20 . RANDALL K. FRENCH COLORADO REGISTERED PROFESSIOR NO.30012. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANT LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN IN NO EVENT MAY ANY ACTION BASED 310 W.C. TO TTIE UPON ANY DEFECT IN THIS SURVEY BECOMMENCED MORE THAN TEN YEARS AFTERTHEDATE OF THE. CERTIFICATION SHOWN ILEREON. 6 z'4r HAMMER ANNEXATION TO THE TOWN OF ERIE LOCATED IN THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3, T1 N, R68W, 6TH I'M. TOWN OF ERIE, WELD COUNTY, COLORADO CONSULTING, LLC / e. OT's.. DocuSign Envelope ID: B9B7C449-4097-459C-B942-5A34D5E1A5CF PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO RE: PROPERTY KNOWN AS: Hammer Annexation The undersigned landowner, in accordance with Title 31, Article 12, Part 1, C.R.S., known as the Municipal Annexation Act of 1965, hereby petitions the Board of Trustees of the Town of Erie, Colorado (the "Board of Trustees") for annexation to the Town of Erie (the "Town") of the following described unincorporated area situate and being in the County of Weld, State of Colorado (the 'Property"): (See Exhibit A attached hereto and incorporated herein by reference) In support of its Petition, Petitioner states as follows: 1. That it is desirable and necessary that the Property be annexed to the Town of Erie, Colorado. 2. That the Property meets the requirements of C.R.S. §§ 31-12-104 and 105, in that: a. Not less than 1/6 of the perimeter of the Property is contiguous with the existing boundaries of the Town, disregarding for contiguity purposes, as allowed by C.R.S. § 31-12- 104(1)(a), the existence of any platted street or alley, any public or private right-of-way, any public or private transportation right-of-way or area, public lands (except county -owned open space) or any lakes, reservoirs, streams or other natural or artificial waters located between the Town and the Property. The contiguity required by C.R.S. § 31-12-104(1)(a) has not been established by use of any boundary of an area that was previously annexed to the Town where the area, at the time of its annexation, was not contiguous at any point with the boundary of the Town, and was not otherwise in compliance with C.R.S. § 31-12-104(1)(a), and was located more than 3 miles from the nearest boundary of the Town, nor was the contiguity required by C.R.S. § 31-12-104(1)(a) established by use of any boundary of territory that was subsequently annexed directly to, or which was indirectly connected through, subsequent annexations of such an area. b. The proposed annexation will not create any disconnected municipal satellites. c. A community of interest exists between the Property and the Town. d. The Property is urban or will be urbanized in the near future, and said area is integrated or is capable of being integrated with the Town. e. No land held in identical ownership, whether consisting of 1 tract or parcel of real estate or 2 or more contiguous tracts or parcels of real estate: i. Is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. 1 DocuSign Envelope ID: B9B7C449-4097-459C-B942-5A34D5E1A5CF ii. Comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of two hundred thousand dollars $200,000 for ad valorem tax purposes for the year next preceding the annexation is included within the Property without the written consent of the landowner(s). f. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the Property. g. The annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. h. The annexation of the Property will not have the effect of extending the boundary of the Town more than 3 miles in any direction from any point of the Town's boundary in any one year. i. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the Property. j. Reasonable access will not be denied to landowners, owners of easements or the owners of franchises adjoining any platted street or alley to be annexed that will not be bordered on both sides by the Town. 3. That attached hereto and incorporated herein by reference are 4 prints of the annexation map, containing the following information: a. A written legal description of the boundaries of the Property. b. A map showing the boundary of the Property. c. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks. d. Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the Property. 4. That Petitioner is the owner of more than 50% of the Property, exclusive of streets and alleys. 5. That Petitioner signed this Petition no more than 180 days prior to the date of the filing of this Petition. 6. That this Petition satisfies the requirements of Article II, § 30 of the Colorado Constitution in that it is signed by persons comprising more than 50% of the landowners of the Property who own more than 50% of the Property, excluding public streets and alleys and any land owned by the Town. 2 DocuSign Envelope ID: B9B7C449-4097-459C-B942-5A34D5E1A5CF 7. That no election has been held within the last 12 months for annexation of the Property to the Town. 8. That the Property is located within Weld County, the St. Vrain Valley R1J School District and the Frederick Firestone Fire Protection District. 9. That upon the effective date of the ordinance annexing the Property to the Town, the entire Property shall become subject to the ordinances, resolutions, rules and regulations of the Town, except for general property taxes which shall become effective on January 1 of the next year following passage of the annexation ordinance. 10. That Petitioner has not requested from any government entity review of a site specific development plan that would vest Petitioner with the property rights contemplated in C.R.S. § 24-68-101, et seq., and that Petitioner hereby waives any vested property rights for the Property resulting from any prior approval of any site specific development plan as defined in C.R.S. § 24-68-101, et seq. 11. That, by the date that is 90 days after the effective date of the annexation ordinance, the Property shall be brought under the Town's zoning code and map. 12. That Petitioner reserves the right to withdraw this Petition at any time prior to the adoption of an annexation ordinance. Therefore, the undersigned Petitioner respectfully requests that the Board of Trustees approve the annexation of the Property to the Town. r—DocuSigned by: OluicAtite. Pit,v of ."-- UU-1 Al31 ytl4UU4y (... _ Name 1/14/2021 STATE OF COLORADO COUNTY OF Denver 1099 18th St., Denver CO 80202 Date Mailing Address ) ss. ) 14th January Subscribed e orrnotoand acknowledged before me this day of Daniel 2021, by 06/08/2024 My Commission expires (SEAL) "NOTICE OF INTENT TO DocuSigned by: rD0G0DCDr51A44C... ELECTRONICALLY NOTARIZE" Notary Public DAN 20204019843-606687 3 DocuSign Envelope ID: B9B7C449-4097-459C-B942-5A34D5E1A5CF AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, 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 Erie, Colorado, consisting of _4 pages including this page, and that each signature thereon was witnessed by the affiant and is the true signature of the person whose name it purports to be. DocuSigned by: eit,vin.ef DCF1AB1984DD497... Circulator STATE OF COLORADO ) Denver ) ss. COUNTY OF ) 14th 20 ' 21Supg� icb wi , o-Ve and acknowledged before me this day of by 06/08/2024 My Commission expires (SEAL) „NOTICE OF INTENT TO ELECTRONICALLY NOTARIZE" DAN 20204019843-606687 4 ,—DocuSigned by: FB060BEDF61A44C... January Exhibit A A portion of the West One-half (W1/2) of the Southwest One -quarter (SW1/4) of Section 3, T1N, R68W, Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 3 and proceeding N44°48'29"E, 42.46 feet to the East right-of-way line of Weld County Road 7 and the Point of Beginning; Thence along said East right-of-way line, N00°08'31"W, 269.95 feet; Thence departing said East right-of-way line, N89°42'54"E, 180.02 feet; Thence N00°10'55"W, 120.10 feet; Thence S89°43'03"W, 179.94 feet to a point on said East -right -of way line; Thence along said East right-of-way line, N00°08'31"W, 1321.38 feet; Thence departing said East right-of-way line, N89°51'29"E, 797.55 feet; Thence S00°00'00"E, 329.97 feet; Thence N90°00'00"E, 451.88 feet; Thence S00°08'03"E, 1378.18 feet to a point on the North right-of-way line of Weld County Road 12; Thence along said North right- of-way line, S89°45'30"W, 1248.42 feet to the Point of Beginning. Said parcel contains 45.10 acres (1,964,590 sq. ft.), more or less. PLANNING & DEVELOPMENT Planning Division TOWN OF ERIE 1874 May 25, 2021 Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 RECEIVED MAY 2 7 2021 WELD TY COMMISSIONERS N RE: Hammer Annexation to the Town of Erie Dear Commissioners, Please find the enclosed Annexation Agreement for the Hammer Annexation. This document is a supplement to the annexation materials mailed to you on May 24, 2021. Should you have any questions, please feel free to contact us at 303.926.2770. Regards, Melinda Helmer Planning Technician Town of Erie Planning Division 645 Holbrook Street - P.O. Box 750 Erie, Colorado 80516 303.926.2770 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this 8th day of January, 2019 (the "Effective Date"), by and among the Town of Erie, a Colorado municipal corporation with an address of 645 Holbrook Street, P.O. Box 750, Erie, Colorado 80516 (the "Town"), the Town of Erie Urban Renewal Authority, a Colorado urban renewal authority with an address of 645 Holbrook Street, P.O. Box 750, Erie, Colorado 80516 ("TOEURA"), and Anadarko E&P Onshore LLC with an address of 1099 18`h Street, Suite 200, Denver Colorado 80202 ("Owner") (each a "Party" and collectively the "Parties"). WHEREAS, Owner desires to annex to the Town the real property described as Lot B in Exhibit A, attached hereto and incorporated herein by this reference, consisting of approximately 47 acres and currently located in unincorporated Weld County (the "Property"); WHEREAS, Owner has previously drilled 9 existing oil and gas wells on the Property, as listed on Exhibit B, attached hereto and incorporated herein by this reference (the "Existing Wells"); WHEREAS, Owner has submitted a Weld County Oil and Gas Location Assessment Application ("WOGLA") for approval to develop three new well pad sites for 23 oil and gas wells to be located on the Property, as listed in Exhibit C, attached hereto and incorporated herein by this reference (each a "New Well" and collectively the "New Wells", and the New Wells and the Existing Wells collectively the "Wells"); WHEREAS, upon the drilling and completion of all Wells, the Parties desire to annex the Property to the Town; WHEREAS, the Property will be located within a TOEURA urban renewal area; and WHEREAS, the Parties desire to agree on certain issues pertaining to the annexation, zoning and development of the Property. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. General. In accordance with the terms of this Agreement, Owner consents to the annexation of the Property by the Town, which annexation shall be in accordance with the Colorado Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., as amended. The annexation of the Property shall occur after Owner has drilled and completed all Wells (or any substitutes therefor on the Property); provided, however, the Parties agree to take all steps reasonably necessary to complete the annexation of the Property prior to the Wells being placed into production for the selling and marketing of the oil, gas and other hydrocarbons produced by the Wells. 2. Term, Termination and Rescission. a. Term. This Agreement shall commence on the Effective Date and terminate without further action of the Parties 3 years thereafter (the "Term"). 1 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX b. Rescission. Notwithstanding any other provision of this Agreement, should the Town fail to approve the zoning of the Property as set forth in Section 4 hereof, Owner shall be entitled to rescission of this Agreement without any penalty whatsoever. c. Legal Challenge. If any judicial proceeding or other legal action is brought by a third party, including referendum or initiative, that challenges this Agreement, the annexation of the Property to the Town, the zoning of the Property or any of the Town's resolutions or ordinances approving the annexation of the Property to the Town, this Agreement or the zoning of the Property, this Agreement will remain in full force and effect through and until the 31St day following entry of a final, non -appealable order resolving such legal action, unless earlier terminated or modified by a written amendment signed by all Parties. 3. Annexation Petition. Within 30 days after all of the Wells have been drilled and completed, Owner shall execute and submit to the Town the Annexation Petition, in substantially the form set forth in Exhibit D, attached hereto and incorporated herein by this reference. 4. Zoning. The Parties acknowledge and agree that the Town, upon annexation of the Property, will zone the Property as Light Industrial (LI), and upon the effective date of the zoning ordinance, the Property will be subject to all applicable provisions of the Erie Municipal Code that are not preempted by state law. The Town will not file or record the annexation ordinance and map as described in C.R.S. § 31-12-113(2) until the ordinance rezoning the Property becomes effective. The Town hereby acknowledges that the zoning of the Property will allow Owner and its corporate affiliates, with appropriate permits as required by other agencies, to operate, maintain, repair, upgrade, workover, and replace the Wells and associated facilities on the Property, including without limitation the installation or replacement of equipment intended to increase production or improve operating efficiencies of the Wells or associated facilities on the Property. 5. Roadway Parcel. Within 30 days of the effective date of the annexation of the Property to the Town, Owner shall convey to the Town, by quitclaim deed, a parcel of land being 40' in width and adjacent to the existing public right-of-way on the western boundary of the Property, for use as a public roadway. 6. Urban Renewal Area Inclusion. Owner hereby consents to the inclusion of the Property in an urban renewal area formed by TOEURA, at any time after the Effective Date. 7. Master Encroachment License. a. The Town and Owner, on behalf of its corporate affiliate Kerr McGee Gathering LLC, hereby agree to the form of Master Encroachment License set forth in Exhibit E, attached hereto and incorporated herein by this reference. The Town agrees that this Agreement shall not be effective unless the Master Encroachment License is executed by the Town and Owner's corporate affiliate Kerr McGee Gathering at the same time as execution of this Agreement. b. Notwithstanding anything herein to the contrary, if Owner fails to submit an annexation petition as required by this Agreement, or takes any other actions to prevent annexation of the Property, Owner agrees that such Master Encroachment License shall automatically become void ab initio. If the Master Encroachment License becomes void 2 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX pursuant to this Section, the Existing Mt. Evans License and the Existing Whooley-Morgan License (as such license agreements are defined in the Master Encroachment License) shall control all encroachments existing as of the date such Master Encroachment License becomes void. To avoid any doubt, the Parties agree that the any failure of the annexation, unless caused by Owner or its corporate affiliates, shall not affect the validity of the Master Encroachment License. c. Capitalized terms not defined in this Agreement shall have the same meaning as in the Master Encroachment License, whether or not the Master Encroachment License remains in effect. 8. WOGLA. During the Term of this Agreement, and provided Owner is not in breach of this Agreement, neither the Town nor TOEURA will oppose Owner's WOGLA or any Application for Permit to Drill (Form 2) or Oil and Gas Location Assessment (Form 2A) filed with the Colorado Oil and Gas Conservation Commission ("COGCC") by Owner for the Wells. Owner agrees to comply with all permits issued by the COGCC, including all applicable best management practices ("BMPs") associated therewith. 9. Liquidated Damages. Because the Parties agree that annexation is crucial to the Town and TOEURA and Owner's failure to annex constitutes a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section 9 shall be enforced. Such damages are not a penalty. If Owner fails to submit an annexation petition as required by this Agreement, or takes any other action to prevent annexation of the Property, Owner shall compensate the Town in the amount of $250,000 per year, per location of any Improvements installed on Town Property, for as long as the Improvements remain in place, in addition to any amounts due from Owner's corporate affiliate Kerr McGee Gathering under the applicable encroachment license; provided that, upon a total payment of $5,000,000 to the Town pursuant to this Section 9, Owner shall no longer be obligated to compensate the Town with any payments pursuant to this Section 9. To avoid any doubt, the Parties agree that the any failure of the annexation, unless caused by Owner or any of its corporate affiliates, shall not subject Owner to the liquidated damages set forth herein. 10. Miscellaneous. a. Cooperation. The Parties agree that they will cooperate in good faith concerning this Agreement. b. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. 3 1/7/2019 Q:I USERSIERIEIANADARKO ANNEXATIONIAGRANNEX-A0107J9.DOCX d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. the Parties. Modification. This Agreement may only be modified upon written agreement of h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. j. No Joint Venture. It is the Parties' express intent that neither this Agreement nor any course of conduct or course of performance hereunder constitutes or may be construed to constitute or create a joint venture, partnership, or any other similar arrangement between the Parties. k. Disputes. Upon a Party's delivery of notice of a dispute arising under this Agreement, the Parties shall negotiate in good faith for a period of at least 30 days prior to initiating any formal legal action regarding such dispute. 4 1/7/2019 Q:IUSERSIER1EIANADARKO ANNEXATION%AGRIANNEX-A010719.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. Al EST: Ica Koenig, TovClerk By: STATE OF COLORADO ) ss. COUNTY OF ) TOWN OF ERIE, COLORADO oll, Mayor TOWN OF ERIE URBAN RENEWAL AUTHORITY 4141 The foregoing instrument was subscribed, sworn t and acknowledged before me this 8 day of 7ui1Var, 2019, by (,ICyj a,j Pe as plI�Cltf a ill rld of Anadarko E&P Onshore LLC. My commission expires: (SEAL) CHERYL LIGHT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924003987 MY COMMISSION EXPIRES APRIL 2, 2020 Notary Public 5 k1- 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX EXHIBIT A Legal Description 6 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIACRIANNEX-A010719.DOCX ,12/19/2519 132:40 Rd, Amen 2 a S 5 EXHIBIT A PRELIMINARY ERIE ANNEXATION W1/2 SW1/4 SECTION 3, TOWNSHIP 1 NORTH, RANGE 68 WEST, 6TH P.M. I I 6 60' WELD COUNTY ROAD 7 ROW 60' WELD COUNTY ROAD 12 ROW SW. CORe SEC. 3, T1N, R6 FOUND 31/4"B BRASS CAP GNP _ WW CF7HPz BAP- --'--SHP U 30' LHWD EASEMENT (R# 2781747) �I I II al ml I iI 1 � I dl of J I � I EPl rl EPA- EPL �Tf EPC"".""-E�L LI cI J di 4 PROPOSED 30' OP.- ACCESS EASEMENT PROPOSED 25' TEMPORARY WORKSPACE j1 30' LHWD II. EASEMENT II (R# 2781747) I, LOT B ±47.0 ACRES JJ 30° PIPELINE ROW (R# 3730776) N PROPOSED 50' PIPELINE ROW j___EPE !_V 30' PIPELINE ROW (R# 373 0776) -50' 0 200' 400' 1" = 400' 30' W.C. TO THE W. 1/16 COR. SECS. 3 & 10,11N, R68W SET 2 1/2" ALUM. CAP P.L.S. NO. 38512 — P- -„HP- aHP i�--- -II i — UHF — EIHP OHP — OHP — _ T/16'C¢R. SECS. 3 & 10, T1 N, R68W CALCULATED 20' -FUTURE - DEDICATION LEGEND PROPERTY LINE --------- ROW/EASEMENT - TEMPORARY ROW/EASEMENT — EPL— EXISTING PIPELINE — OHP— OVERHEAD POWER LINE — uoP— BURIED POWER LINE NOTES: 1. THIS EXHIBIT IS NOT A PROPERTY BOUNDARY SURVEY AND CANNOT BE RELIED UPON TO DETERMINE OWNERSHIP. DATE SURVEYED: DATE: DRAFTER: REVISED: N/A 11/5/18 SRS 12/19/18 PREPARED FOR: Anadarko E & P Onshore LLC EXHIBIT B Existing Wells HAMMER 3-1 HZ HAMMER 3-2HZ HAMMER 3-3HZ HAMMER 3-4HZ HAMMER 3-5HZ HAMMER 3-6HZ HAMMER 3-7HZ HAMMER 3-8HZ HAMMER 3-9HZ 7 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX EXHIBIT C New Wells MJOLNIR 3-1HZ MJOLNIR 3-2HZ MJOLNIR 3-3HZ MJOLNIR 3-4HZ MJOLNIR 3-5HZ MJOLNIR 3-6HZ MJOLNIR 3-7HZ MJOLNIR 3-8HZ MJOLNIR 3-9HZ MJOLNIR 3-10HZ MJOLNIR 3-11HZ MC 3-1HZ MC 3-2HZ MC 3-3HZ MC 3-4HZ MC 3-5HZ MC 3-6HZ STANLEY 3-1HZ STANLEY 3-2HZ STANLEY 3-3HZ STANLEY 3-4HZ STANLEY 3-5HZ STANLEY 3-6HZ 8 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX EXHIBIT D Annexation Petition PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO RE: PROPERTY KNOWN AS: The undersigned landowner, in accordance with Title 31, Article 12, Part 1, C.R.S., known as the Municipal Annexation Act of 1965, hereby petitions the Board of Trustees of the Town of Erie, Colorado (the "Board of Trustees") for annexation to the Town of Erie (the "Town") of the following described unincorporated area situate and being in the County of Weld, State of Colorado (the "Property"): (See Exhibit A attached hereto and incorporated herein by reference) In support of its Petition, Petitioner states as follows: 1. That it is desirable and necessary that the Property be annexed to the Town of Erie, Colorado. 2. That the Property meets the requirements of C.R.S. §§ 31-12-104 and 105, in that: a. Not less than 1/6 of the perimeter of the Property is contiguous with the existing boundaries of the Town, disregarding for contiguity purposes, as allowed by C.R.S. § 31-12- 104(1)(a), the existence of any platted street or alley, any public or private right-of-way, any public or private transportation right-of-way or area, public lands (except county -owned open space) or any lakes, reservoirs, streams or other natural or artificial waters located between the Town and the Property. The contiguity required by C.R.S. § 31-12-104(1)(a) has not been established by use of any boundary of an area that was previously annexed to the Town where the area, at the time of its annexation, was not contiguous at any point with the boundary of the Town, and was not otherwise in compliance with C.R.S. § 31-12-104(1)(a), and was located more than 3 miles from the nearest boundary of the Town, nor was the contiguity required by C.R.S. § 31-12-104(1)(a) established by use of any boundary of territory that was subsequently annexed directly to, or which was indirectly connected through, subsequent annexations of such an area. b. The proposed annexation will not create any disconnected municipal satellites. c. A community of interest exists between the Property and the Town. d. The Property is urban or will be urbanized in the near future, and said area is integrated or is capable of being integrated with the Town. e. No land held in identical ownership, whether consisting of 1 tract or parcel of real estate or 2 or more contiguous tracts or parcels of real estate: 9 1/7/2019 Q:IUSERSIERIEANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX i. Is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. ii. Comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of two hundred thousand dollars $200,000 for ad valorem tax purposes for the year next preceding the annexation is included within the Property without the written consent of the landowner(s). f. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the Property. g. The annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. h. The annexation of the Property will not have the effect of extending the boundary of the Town more than 3 miles in any direction from any point of the Town's boundary in any one year. i. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the Property. j. Reasonable access will not be denied to landowners, owners of easements or the owners of franchises adjoining any platted street or alley to be annexed that will not be bordered on both sides by the Town. 3. That attached hereto and incorporated herein by reference are 4 prints of the annexation map, containing the following information: a. A written legal description of the boundaries of the Property. b. A map showing the boundary of the Property. c. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks. d. Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the Property. 4. That Petitioner is the owner of more than 50% of the Property, exclusive of streets and alleys. 5. That Petitioner signed this Petition no more than 180 days prior to the date of the filing of this Petition. 10 1/7/2019 Q:1 USERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A0107I9.DOCX 6. That this Petition satisfies the requirements of Article II, § 30 of the Colorado Constitution in that it is signed by persons comprising more than 50% of the landowners of the Property who own more than 50% of the Property, excluding public streets and alleys and any land owned by the Town. 7. That no election has been held within the last 12 months for annexation of the Property to the Town. 8. That the Property is located within Weld County, the St. Vrain Valley R1J School District and the Frederick Firestone Fire Protection District. 9. That upon the effective date of the ordinance annexing the Property to the Town, the entire Property shall become subject to the ordinances, resolutions, rules and regulations of the Town, except for general property taxes which shall become effective on January 1 of the next year following passage of the annexation ordinance. 10. That Petitioner has not requested from any government entity review of a site specific development plan that would vest Petitioner with the property rights contemplated in C.R.S. § 24-68-101, et seq., and that Petitioner hereby waives any vested property rights for the Property resulting from any prior approval of any site specific development plan as defined in C.R.S. § 24-68-101, et seq. 11. That, by the date that is 90 days after the effective date of the annexation ordinance, the Property shall be brought under the Town's zoning code and map. 12. That Petitioner reserves the right to withdraw this Petition at any time prior to the adoption of an annexation ordinance. Therefore, the undersigned Petitioner respectfully requests that the Board of Trustees approve the annexation of the Property to the Town. Name STATE OF COLORADO COUNTY OF Date Mailing Address ) ss. Subscribed, sworn to and acknowledged before me this day of 20_, by My Commission expires (SEAL) 11 Notary Public 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, 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 Erie, Colorado, consisting of pages including this page, and that each signature thereon was witnessed by the affiant and is the true signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed, sworn to and acknowledged before me this day of 20_, by My Commission expires (SEAL) 12 1/7/2019 Q:IUSERSIER1EIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX EXHE3IT E MASTER ENCROACHMENT LICENSE AGREEMENT THIS MASTER ENCROACHMENT LICENSE AGREEMENT (the "Agreement") is made and entered into this 8th day of January, 2019, (the "Effective Date") by and between the TOWN OF ERIE, a Colorado municipal corporation with an address of 645 Holbrook Street, P.O. Box 750, Erie, Colorado 80516 (the "Town") and Kerr-McGee Gathering LLC with an address of 1099 18th Street, Suite 1800, Denver, Colorado 80202 ("Licensee"). WHEREAS, the Town owns certain real property and controls certain public rights -of - way throughout the Town (the "Town Property"); WHEREAS, Licensee wishes to install certain oil and gas related improvements (the "Improvements"), which Improvements will encroach under, over, through, and on the Town Property in locations to be determined at a later time; and WHEREAS, the Town desires to grant to Licensee certain Site Supplements for the installation of Improvements and to establish a method by which the Town may administratively permit the installation of the Improvements on the Town Property over time using a consistent process. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. For purposes of this Agreement and in addition to the terms defined elsewhere herein, and in addition to the terms defined elsewhere herein, the following terms shall have the following meanings: a. "Affiliate" means: (i) an entity in which Licensee holds a controlling interest; (ii) an entity which holds a controlling interest in Licensee; (iii) an entity under common control with Licensee; or (iv) an entity that is a successor by merger or other consolidation of Licensee. b. "For the life of every well" means until every such well is plugged and abandoned and the Improvements are no longer used by Licensee or its successors or assigns. c. "Laws" means any and all applicable federal, state, and local laws, statutes, constitutions, code, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other applicable requirements of the Town or other governmental entity, agency or judicial authority, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a hazardous material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a hazardous material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic 13 1/7/2019 Q:IUSERSIERIEUNADARKO ANNEXAT/ONIAGRUNNEX-A010719.DOCX Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. d. "Public Project" means: any public work or improvement within the Town that is wholly owned by the Town; or any public work or improvement within the Town where at least 50% or more of the funding is provided by any combination of the Town, the federal government, the State of Colorado, any Colorado county, the Northern Colorado Water Conservancy District, and all entities established under Title 32 of the Colorado Revised Statutes. e. "Site" means a location on Town Property selected and approved for Licensee's installation of Improvements. f. "Site Supplement" means the form of site supplement set forth in Exhibit A, attached hereto and incorporated herein by this reference. g. "Well" means any well that is connected to or serviced by any of the Improvements. 2. Grant of License. a. General. The Town hereby grants to Licensee a non-exclusive license to use and occupy the Town Property to install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace Improvements at each approved Site in accordance with this Agreement (the "License"). The License granted herein shall entitle Licensee up to 10 Site Supplements. b. Non -exclusivity. Because Licensee's right to use and occupy the Town Property is not exclusive, the Town reserves the right to grant a similar use to itself or any other person or entity at any time. The Parties understand and agree that this Agreement is a limited grant of authority subject in all respects to the Laws. Licensee acknowledges that the Town may permit others to install facilities and improvements in the Town Property; provided, however, such installation by others of facilities and improvements shall not unreasonably interfere with the rights granted to Licensee hereunder or prevent Licensee from exercising the rights granted to Licensee hereunder. The Parties shall coordinate their use and occupation of the Town Property and shall observe all applicable safety rules and industry practices as necessary for the safe and efficient operation of the Improvements. c. Conflict of Laws. As of the Effective Date, this Agreement has been determined by the Town to be in conformity with, and to be authorized by, the Erie Municipal Code (the "Code"). To the extent that any ambiguity or conflict is subsequently identified between provisions of this Agreement and the Code, the provisions of the Code shall prevail, except as preempted by federal or state law. Notwithstanding the foregoing, no change, amendment, revision, reenactment, reinterpretation or restatement of the Code occurring after the Effective 14 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX Date may substantially impair Licensee's rights under, or materially frustrate the purposes of, this Agreement. 3. Term, Termination and Abandonment. a. Term. The term of this Agreement shall commence on the Effective Date and shall continue and remain in full force and effect for the life of every Well (the "Term"). b. Termination. The Town may terminate this Agreement only upon an uncured breach by Licensee pursuant to Section 9.b., upon 30 days prior written notice to Licensee. Upon such termination, any prepaid fees shall be retained by the Town. c. Abandonment. Licensee may abandon any or all of the Improvements on Town Property by delivering written notice of its intent to abandon such Improvements to the Town. If all of the wells connected to any Improvements are plugged and abandoned or have failed to produce oil or gas for a period of one year that is not the result of force majeure, and Licensee has not included such wells on a Form 7, Monthly Report of Operations, filed with the COGCC for the same year, then the Town shall send written notice to Licensee that it believes such Improvements are abandoned. If Licensee responds with evidence of its intent not to abandon such Improvements, then the Improvements shall not be deemed abandoned. If Licensee fails to respond to the Town within 60 days of receipt of such notice, such Improvements shall be deemed abandoned. . d. Removal or Abandonment in Place. When any Improvements have been abandoned pursuant to subsection (c) hereof, or upon the expiration or termination of any Site Supplement, the Town shall determine within 30 days whether the affected Town Property is needed for a Public Project. If so, Licensee shall, within 180 days of the Town's determination, remove all Improvements, repair any damage to the Town Property caused by such removal, and restore the Town Property to its condition prior to the installation of the Improvements, reasonable wear and tear excepted. If the Town determines that the Town Property is not needed for a Public Project, or that removal is not in the best interest of the public health, safety or welfare, Licensee may abandon the Improvements in place. If Licensee abandons any Improvements in place, they shall be abandoned in compliance with COGCC Rule 1105 or any amendment thereto. At Licensee's own expense, it shall hire a consultant to determine whether Licensee has complied with COGCC Rule 1105, when applicable, and provide a copy of such determination to the Town.l e. Relocation. The Town shall consult with the Licensee and minimize to the extent practicable the need to relocate any Improvements previously approved pursuant to a Site Supplement and the extent and distance of any such relocation. If the Town determines that Licensee must relocate the Improvements for a Public Project, Licensee shall, after conferring with the Town: (1) relocate such Improvements at Licensee's sole expense, within 180 days of written notice from the Town, to a relocation site within the lands subject to the Site Supplement, or if such relocation site is not available or is not capable of a safe installation and operation of such relocated Improvements, to an alternative relocation site provided by the Town that is immediately adjacent and in close proximity to the original site of such Improvements; (2) with the Town's approval, abandon the Improvements as provided in subsection (c) hereof; or (3) with 15 1/7/2019 QIUSER5%ER1ElANADARKO ANNEXA77ONIAGRIANNEX-A010719.DOCX the Town's approval, take other steps to accommodate the Public Project. The new location of any relocated Improvements shall be subject to the existing Site Supplement, with the updated location. If the Improvements are abandoned pursuant to this subsection, the Licensee may replace them with hydrocarbon storage tanks, which the Town hereby authorizes Licensee to do subject to the Town's right to participate in the COGCC's review of such tanks. 4. Installations. a. Inventory. At all times during the term of this Agreement, Licensee shall maintain a current inventory of Sites governed by this Agreement, and within 30 days of request, Licensee shall provide to the Town a copy of such inventory. b. Site Supplement. Installation of any Improvements on any Town Property shall require a Site Supplement in the form attached hereto as Exhibit A. Each Site Supplement shall be approved by the Town Administrator or designee, subject to compliance with this Agreement, and then recorded with the Weld County Clerk and Recorder against the Property subject to the Site Supplement. Such approval shall not be unreasonably withheld, conditioned, or delayed, and the Town Administrator shall make a decision within 60 days of Licensee's submission of all of the required information for the Site Supplement. Within 3 days of approval, the Town Administrator shall notify Licensee of the Town Administrator's decision. Licensee shall submit an application for a Site Supplement, which shall include the following information, at a minimum: i. Plans prepared by a Colorado -licensed engineer showing engineering design, and specifications for installation of the Improvements; and ii. Plans showing existing sidewalks, utilities, trees and other existing improvements; c. Monumentation. During construction, at all locations where the Improvements enter or exit the Town Property, permanent at and above grade monumentation and marking shall be placed in a manner and at a location approved by the Town Engineer. Licensee shall maintain all monumentation and marking for as long as the Improvements remain on the Town Property. d. Record Drawings. Not more than 60 days after installation of any Improvements, Licensee shall provide to the Town detailed digital record drawings of the Improvements. e. "As is" Condition. Licensee accepts the Town Property in its "as is" condition. f. Title. At all times, Title to and control of the Improvements shall remain with Licensee and shall constitute Licensee's personal property, and not fixtures or improvements attached to the land. This Agreement shall not create or vest in Licensee any ownership or property rights in any Town Property. Additionally, Licensee acknowledges that this Agreement does not constitute or create a leasehold interest. 16 1/7/2019 Q:I USERSIERJEANADARKO ANNEXATIONAGR ANNEX-A010719.DOCX g. Modifications. i. Minor. Modifications to the Improvements with like -kind or similar Improvements may be made without additional Town approval (other than any permits required by the Erie Municipal Code). ii. Substantial. If Licensee proposes to install Improvements which are different from the existing Improvements in any substantial way, then Licensee shall first obtain the Town's written approval_for the use and installation of the new Improvements. 5. Existing Licenses. On the Effective Date, the following two existing encroachment licenses (collectively, the "Existing Licenses") shall be replaced with Site Supplements, and the Existing Licenses shall terminate: (1) the license granted to Licensee by the Town on June 27, 2017 (the "Existing Whooley-Morgan License"); and (2) the license to Licensee granted by the Town on March 26, 2018 (the "Existing Mt. Evans License"). Because the Town has already received all of the necessary information for such locations and because the Improvements associated with such Existing Licenses have already been installed in such locations, the two Site Supplements replacing the Existing Licenses are hereby deemed approved by the Town as of the Effective Date (each an "Approved Site Supplement and collectively the "Approved Site Supplements"). Licensee shall record the Approved Site Supplements with the Weld County Clerk and Recorder. For the Approved Site Supplements, Sections 4.b, 4.b.i., 4.b.ii, 4.c, and 4.d. of this Agreement and Section 5 of the Site Supplement Form are hereby deemed satisfied. 6. Fees. a. Site Supplement Fee. The fee for each Site Supplement shall be $5,000, payable upon execution of each Site Supplement (the "Site Supplement Fee"). b. Mt. Evans License Fee. For the Mt. Evans Approved Site Supplement, Owner shall pay to the Town an annual license fee of $250,000 for a period of 10 years (the "Mt. Evans License Fee"). The Mt. Evans License Fee shall be due on January 15, 2019, and then on the yearly anniversary of such date for a period of 10 years, ending on January 15, 2029; provided, however, that should this Agreement terminate for any reason prior to the end of such 10 year period, Owner shall not be obligated to pay the Mt. Evans License Fee to the Town; and further provided that any fees already paid to the Town as of the date of termination shall be nonrefundable. c. Other License Fees. Pursuant to the Annexation Agreement among the Town, Licensee's corporate affiliate Anadarko E&P Onshore LLC, and the Town of Erie Urban Renewal Authority dated January 8, 2019, to reimburse Licensee for the costs associated with such annexation, the Town hereby waives any license fees for any Improvements other than the Mt. Evans License Fee. 7. Insurance. a. Coverages. Licensee agrees to procure and maintain or self -insure, at its own cost, a policy or policies of insurance sufficient to insure against, claims, demands, and other 17 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A0I0719.DOCX obligations assumed by Licensee pursuant to this Agreement. All of Licensee's contractors shall be insured pursuant to their master service contracts with Licensee. i. Worker's Compensation insurance as required by law. ii. Commercial General Liability insurance with minimum combined single limits of $2,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including premises and operations, personal and advertising injury, blanket contractual liability, and products; and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees and contractors as additional insureds to the extent of the liabilities assumed by Licensee herein. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. iii. Excess or Umbrella Liability insurance, on an occurrence basis, in excess of the Commercial General Liability insurance, with coverage as broad as such policy, with a limit of $2,000,000. b. Form. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days' prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Licensee. Licensee shall be solely responsible for any deductible losses under any policy. c. Certificate. Licensee shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. 8. Assignment and Transfer. a. Consent. Licensee shall not assign or otherwise transfer all or any part of Licensee's interest, rights or duties in this Agreement, or sublet the area licensed hereunder or any portion thereof to be occupied by anyone other than Licensee, without the Town's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Any assignment or transfer that is not in compliance with this Section shall be void. b. Permitted Assignments. Notwithstanding the foregoing, Licensee may, without the consent of the Town, assign or transfer this Agreement or any Site Supplement to an Affiliate or any entity that acquires all or substantially all of Licensee's assets, provided that such entity agrees to bound by all of the terms and conditions of this Agreement. Licensee shall provide the Town with notice of any such assignment within 30 days. c. Consideration. In considering an assignment, the Town may consider the following in relation to the proposed assignee: 18 1/7/2019 Q:IUSERSIERJEIANADARKO ANNEXATIONIAGRLANNEX-A010719.DOCX i. Whether it has ever been convicted or held liable for acts involving deceit including any violation of any Laws, or is currently under an indictment, investi: Lion or complaint charging such acts; ii. Whether a judgment has been entered against it by any court of competent jurisdiction in an action for fraud, deceit, or misrepresentation; iii. Whether there is pending any material legal claim, law suit, or administrative proceeding between the Town and such proposed assignee arising out of or involving the Improvements subject to this Agreement, except claims, suits or proceedings relating to insurance claims or employment matters; iv. Whether it is financially solvent, based on financial statements that are audited or reviewed by a certified public accountant who may also be an officer of the parent corporation; and v. Whether it has the financial and technical capability to maintain and operate the Improvements for the remainder of the Term. d. Change of Control. The following shall not constitute a transfer or assignment pursuant to this Section, and shall not require consent: a change of name, stock ownership, partnership interest or control of Licensee or transfer upon partnership or corporate dissolution of Licensee; or a mortgage or grant of security interest to any mortgagees or holders of security interest, including their successors or assigns, provided such holders of interests are subject to all of the terms of this License. 9. Default. a. By Licensee. The Town shall provide Licensee with a detailed written notice of any violation of this Agreement, and a 30 -day period within which Licensee may: demonstrate that a violation does not exist; cure the alleged violation; or if the nature of the alleged violation prevents correction thereof within 30 days, initiate a reasonable corrective action plan to correct such violation, subject to the Town's written approval, which will not be unreasonably withheld, conditioned, or delayed. If Licensee fails to disprove or correct the violation within 30 days or the timeframe set forth in the approved action plan, then the Town may declare in writing that Licensee is in default. b. By the Town. Licensee shall provide the Town with a detailed written notice of any violation of this Agreement, and a 30 day period within which the Town may: demonstrate that a violation does not exist; cure the alleged violation; or if the nature of the alleged violation prevents correction thereof within 30 days; initiate a reasonable corrective action plan to correct such violation, subject to Licensee's written approval, which will not be unreasonably withheld, conditioned, or delayed. If the Town fails to disprove or correct the violation within 30 days the timeframe set forth in the corrective action plan, then Licensee may declare in writing that the Town is in default. c. Termination. In the event of a default, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of 19 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATION1AGRIANNEX-A0/0719.DOCX such default, the non -defaulting Party may terminate this Agreement. The non -defaulting Party shall have all remedies available at law and in equity, provided that specific performance shall never be an available remedy against the Town: d. Bankruptcy. The Parties expressly agree and acknowledge that in the event Licensee becomes a debtor in any voluntary or involuntary bankruptcy proceeding under the United States Bankruptcy Code, 11 U.S.C. § 101, et seq. (the "Bankruptcy Code"), for the purposes of proceeding under the Bankruptcy Code, this Agreement shall be treated as an unexpired lease of nonresidential real property under 11 U.S.C. § 365, as amended, and, accordingly, shall be subject to the provisions of 11 U.S.C. § 365(d)(3) and (d)(4). Any person or entity to which Licensee's rights, duties and obligations under this Agreement are assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act to have assumed all of the obligations of Licensee under this Agreement both before and after the date of such assignment. Any such assignee shall upon demand execute and deliver to the Town an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to the Town, shall be the exclusive property of the Town, and shall not constitute property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code. Any monies or other considerations constituting the Town's property under the preceding sentence not paid or delivered to the Town shall be held in trust for the benefit of the Town and be promptly paid to the Town. 10. Use of Licensed Premises by Others. Licensee may permit its Affiliates, employees, business invitees, contractors, tenants, subcontractors, lessees, agents, customers and others to use the portion of the Town's Property for which the License has been executed, so long as such use complies with this Agreement. 11. Waiver of Claims. As a part of the consideration under this Agreement, Licensee hereby waives any and all claims which it may or might hereafter have or acquire against the Town for loss or damage to the Improvements. 12. Indemnification. Licensee agrees to indemnify and hold harmless the Town, its officers, employees, insurers, and insurer, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the use of the Town Property pursuant to this Agreement. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at its sole expense. 13. Mechanics' Liens. Licensee shall not allow any mechanics' or similar liens to be filed against the Town Property. If any mechanics' or other liens shall be created or filed against any Town Property by reason of labor performed by, or materials furnished for, Licensee, Licensee shall, within 10 days thereafter, at its own cost and expense, cause such lien or liens to be satisfied and discharged of record. 20 1/7/2019 Q: IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX 14. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g• the Parties. Modification. This Agreement may only be modified upon written agreement of h. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. i. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 21 1/7/2019 Q:IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX Date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective TOWN OF ERIE, COLORADO Jenni ;! Car 11, Mayor ATTEST: Jessica Koenig, Town Clerk By: STATE OF COLORADO ) ) ss. COUNTY OF ) LICENSEE The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2019, by as of Kerr McGee Gathering LLC. My commission expires: (SEAL) 22 Notary Public 1/7/2019 Q:IUSERSIERIEANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX EXEIIBIT A FORM OF SITE SUPPLEMENT This SITE SUPPLEMENT (the "Site Supplement") is made this day of , 20_ (the "Effective Date") by and between the TOWN OF ERIE, a Colorado municipal corporation with an address of 645 Holbrook Street, P.O. Box 750, Erie, Colorado 80516 (the "Town") and Kerr McGee Gathering, LLC ("Licensee"). 1. Site Supplement. This is a Site Supplement as referenced in the Master Encroachment License Agreement between the Town and Licensee dated January 8, 2019 (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference. In the event of any inconsistency between the terms of the Agreement and this Site Supplement, the terms of the Agreement shall govern. Capitalized terms used in this Site Supplement shall have the same meaning as in the Agreement. 2. Project Description and Locations. Licensee shall have the right to use the Town Property in the designated areas described in Exhibit 1, attached hereto and incorporated herein by this reference (the "Licensed Area"); 3. Improvements. The Improvements to be installed in the Licensed Area are described in Exhibit 2. 4. Term. The term of this Site Supplement shall commence on the Effective Date and continue until termination of the Agreement. 5. Approvals. Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals from entities other than the Town (collectively the "Governmental Approvals") that may be required by any Laws, as well as a satisfactory fiber and electrical connection which will permit Licensee to use the Licensed area. In the event that: (i) any application for such Governmental Approvals is denied; (ii) any Governmental Approval issued to Licensee is canceled, expired, lapsed, or is otherwise withdrawn or terminated; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain or maintain, in a satisfactory manner, any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for . its use, Licensee shall have the right to terminate this Site Supplement. 6. Termination. Licensee shall provide written notice to the Town of any termination of this Site Supplement. Upon such termination, this Site Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. IN WITNESS WHEREOF, the Parties have executed this Site Supplement as of the Effective Date. 23 1/7/2019 Q:IUSERSIERBIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX LICENSEE By: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2019, by as of Kerr McGee Gathering LLC. My commission expires: (SEAL) Notary Public 24 1/7/2019 Q: USERSIERIEIANADARKO ANNEXATIOMAGRIANNEX-A010719.DOCX EXHIBIT A FORM OF SITE SUPPLEMENT This SITE SUPPLEMENT (the "Site Supplement") is made this day of , 20_ (the "Effective Date") by and between the TOWN OF ERIE, a Colorado municipal corporation with an address of 645 Holbrook Street, P.O. Box 750, Erie, Colorado 80516 (the "Town") and Kerr McGee Gathering, LLC ("Licensee"). 1. Site Supplement. This is a Site Supplement as referenced in the Master Encroachment License Agreement between the Town and Licensee dated January 8, 2019 (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference. In the event of any inconsistency between the terms of the Agreement and this Site Supplement, the terms of the Agreement shall govern. Capitalized terms used in this Site Supplement shall have the same meaning as in the Agreement. 2. Project Description and Locations. Licensee shall have the right to use the Town Property in the designated areas described in Exhibit 1, attached hereto and incorporated herein by this reference (the "Licensed Area"); 3. Improvements. The Improvements to be installed in the Licensed Area are described in Exhibit 2. 4. Term. The term of this Site Supplement shall commence on the Effective Date and continue until termination of the Agreement. 5. Approvals. Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals from entities other than the Town (collectively the "Governmental Approvals") that may be required by any Laws, as well as a satisfactory fiber and electrical connection which will permit Licensee to use the Licensed area. In the event that: (i) any application for such Governmental Approvals is denied; (ii) any Governmental Approval issued to Licensee is canceled, expired, lapsed, or is otherwise withdrawn or terminated; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain or maintain, in a satisfactory manner, any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Site Supplement. 6. Termination. Licensee shall provide written notice to the Town of any termination of this Site Supplement. Upon such termination, this Site Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. IN WITNESS WHEREOF, the Parties have executed this Site Supplement as of the Effective Date. 25 1/7/2019 Q: IUSERSIERIEIANADARKO ANNEXATIONIAGRIANNEX-A010719.DOCX Hello