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Home My WebLink About20191543.tiffTOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 April 15, 2019 Clerk of the Weld County Bd. of County Comm'rs P.O. Box 758 Greeley, CO 80632 Aims Junior College P.O. Box 69 Greeley, CO 80632 Lost Creek Groundwater Management District c/o Tom Sauter 50005 East 120th Avenue Bennett, CO 80102 Dear Sir or Madam: Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 School District RE -3J P.O. Box 269 Keenesburg, CO 80643 Southeast Weld Conservation District P.O. Box 381 Keenesburg, CO 80643 Southeast Weld Fire Protection District P.O. Box 1 Keenesburg, CO 80643 High Plains Library District 2650 W 29th Street Greeley, CO 80631 RECEIVED APR 1 7 2019 WELD COUNTY COMMISSIONERS Enclosed please find notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the Rocky Mountain Midstream Annexation. The public hearing on the proposed annexation is scheduled for Monday, May 6, 2019 at 6:00 p.m., as set forth in the enclosed Resolution No. 2019-11. Also enclosed are copies of the Petition for Annexation as filed with the Town and the notice published in the Greeley Tribune on April 5, 12, 19 and 26, 2019. TOWN OF KEENESBURG, COLORADO Toni Pearl, Town Clerk 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 80643 PHONE 303-732-4281 FAX 303-732-0599 .4)t\c,C).1e3,3.\-ek0 412z/19 cs:. Snttt5�,P L�TP�, PW (,ER/c.‘k CM( R Ow/SG) til1"7/ict 2019-1543 RESOLUTION NO. 2019-11 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE ROCKY MOUNTAIN MIDSTREAM ANNEXATION TO THE TOWN OF KEENESBURG, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Rocky Mountain Midstream Annexation has been filed with the Town Clerk of the Town of Keenesburg, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by this resolution its findings with regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: Section 1. The petition, the legal description for which is set forth in Exhibit A attached hereto and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105, and will hold a pubjic hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Keenesburg Town Hall, 140 S. Main, Keenesburg, Colorado 80643, on Monday, May 6, 2019 at 6:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petitions. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Keenesburg, and will pass one or more ordinances zoning the subject property if requested in the petitions. INTRODUCED, READ, and ADOPTED this 1st day of April, 2019. Kenteth ller, a ATTEST: Toni Johnson, TVM\k\\k) Clerk 2 EXHIBIT A LEGAL DESCRIPTION DESCRIPTION A PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 17 AND THE SOUTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED TO DISCOVERY DJ SERVICES LLC FILED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 4414882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 23027 1991, THENCE SOUTH 89°20'54" WEST (BASIS OF BEARINGS), ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 2659.90 FEET TO THE SOUTH ONE - QUARTER CORNER OF SAID SECTION 18 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 27269 2002; THENCE SOUTH 89°20'57" WEST, CONTINUING ALONG SAID SOUTH LINE, A DISTANCE OF 2291.44 FEET, MORE OR LESS, TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 76 (FORMERLY 1-80), SAID RIGHT OF WAY DESCRIBED IN DEED OF ACCESS RIGHTS TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO AND FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1311521 (BOOK 1539 AT PAGE 224), FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 18 BEING A 2.5 INCH ALUMINUM CAP MARKED PLS 28656 BEARS SOUTH 89°20'57" WEST A DISTANCE OF 479.71 FEET; THENCE NORTH 43°31'32" EAST, ALONG THE SOUTHEAST RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY 76 (FORMERLY I-80), ALSO ALONG THE SOUTHEAST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 76 (FORMERLY 1-80), DESCRIBED IN SPECIAL WARRANTY DEED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO AND FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1313364 (BOOK 1541 AT PAGE 241), A DISTANCE OF 3574.97 FEET, MORE OR LESS, TO A 1.25 INCH YELLOW PLASTIC CAP MARKED PLS 34594, BEING THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED FROM JULIUS A. PLUSS AND KAUFFMAN BROTHERS LIMITED PARTNERSHIP TO EXPEDITION WATER SOLUTIONS COLORADO LLC, FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 4267385; THENCE SOUTH 74°09'43" EAST, ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED AT RECEPTION NO. 4267385, A DISTANCE OF 4174.38 FEET, MORE OR LESS, TO A 1.25 INCH YELLOW PLASTIC CAP MARKED PLS 34594, BEING THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED AT RECEPTION NO. 4267385 AND THE NORTHWEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 398; THENCE SOUTH 23°51'01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 110.90 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5529.65 FEET, AN ARC LENGTH OF 1049.52 FEET, A CENTRAL ANGLE OF 10°52'29", AND A CHORD BEARING AND DISTANCE OF SOUTH 29°17'16" WEST, 1047.95 FEET TO THE END OF SAID CURVE; THENCE SOUTH 34°43'30" WEST, CONTINUING ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 451.37 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 17; 3 THENCE SOUTH 89°11'00" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 712.34 FEET TO THE POINT OF BEGINNING. CONTAINING 242.451 ACRES(10,561,168 SQUARE FEET) OF LAND, MORE OR LESS. NOTES: 1. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND DOES NOT CONSTITUTE A TITLE SEARCH BY ACKLAM, INC., FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT OF WAY OR TITLE OF RECORD, ACKLAM, INC. RELIED UPON TITLE COMMITMENT ORDER NO. FCIF251160230 PREPARED BY LAND TITLE GUARANTY COMPANY REPRESENTING OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, DATED 02/05/2019, EFFECTIVE AS OF 01/31/2019 AT 5:00 P.M. 2. BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO 'COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE' (C.R.S. 38-52-105 & 106). 3. DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GRID. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.999725885. 4. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTH LINE OF THE SOUTHEAST -ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., SAID LINE BEING MONUMENTED ON THE EAST BY THE SOUTHEAST CORNER OF SAID SECTION 18, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 23027 1991, AND ON THE WEST BY THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 18 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 27269 2002 AND BEARS SOUTH 89°20'54" WEST. 4 TOWN OF KEENESBURG POUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: The Statues, hereby undersigned, Board of Trustees of hel, Article 12,Town of Keenesburg Chapterforannexation etseq., n Into dothe Revised w Keenesburg the unincorporated annexation into the Town of 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 State of Colorado, and to be known as the Rocky Mountain Midstream Annexation to the Town of Keenesburg. In support of this petition, the petitioner (s) further state to the Board of Trustees that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Keenesburg. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes as amended, exist or have been met In that a. Not less than one -six h (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Keenesburg or will be contiguous with the Town of Keenesburg within such tires as required by Section 31-12-104.. b. A community of interest exists between the territory proposed to be annexed and the Town of Keenesburg. c. The territory sought to be annexed is urban or will be urbanized to the near futu d. The territory sought to be annexed is integrated with or is capable being integrated with the Town of Keenesburg. e.. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buiictngs and Improvements situated thereon, has an assessed value in excess of two hundred thousand dolars ($200,000.00) for ad valorem tax purposes for the year next preceding the Page 1 of 5 J• annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. O. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area Included in another annexation proceeding involving a town other than the Town of Keenesburg i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg In any one year. k. The territory proposed to be annexed is 242.451 acres in total area. 1. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exdusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer, Page 2 of 5 c. Within the annexation boundary map, an identification of the location of each ownership tract in unpiatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Keenesburg and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. e. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Keenesburg. f. Acceptance block describing the acceptance action by the Mayor on behalf of the Town of Keenesburg and providing for the effective date and Town Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Heavy Industrial. The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Keenesburg Municipal Code within ninety (90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the Town of Keenesburg to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the Town. 8. If required by the Town, an annexation agreement has been or will be executed by the petitioners herein and the Town of Keenesburg relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: Page 3 of 5 THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to in Exhibit 'A" to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado. Page 4 of 5 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of 7 pages, including this page and that each signature thereon was witnessed by your afflant and is the true signature of the person osername it purports to be. ay Elery - rculator ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF ADAMS The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this ,2•10"' day of March, 2019. Witness my hand and official seal. My commission expires on: Y// 4/20 JARED UNRUH NOTARY PURIM, STATE OF OOLDIUDO NOTARY ID201MRa6B91 MYCOMMISSION WIRES IB 10, 2020 540 East Bridae Street Briohton. Colorado 80601 (SEAL) Landowner. Discovery DJ Services LLC, now known as Rocky Mountain Midstream LLC 540 East Bridge Street, Suite A Brighton, CO 80601 � Zy 2oi �p`�--�-- Larry C. rsen General Manager Rocky Mountain Midstream LLC Page 5 of 5 Dated EXHIBIT A Attached to and made a part hereof that certain Annexation Petition dated the 24th day of March, 2019. Legal Description A PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 17 AND THE SOUTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED TO DISCOVERY Dj SERVICES LLC FILED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 4414882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 23027 1991, THENCE SOUTH 89°20'54" WEST (BASIS OF BEARINGS), ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 2659.90 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 18 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 27269 2002; THENCE SOUTH 89°20'57" WEST, CONTINUING ALONG SAID SOUTH LINE, A DISTANCE OF 2291.44 FEET, MORE OR LESS, TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 76 (FORMERLY I-80), SAID RIGHT OF WAY DESCRIBED IN DEED OF ACCESS RIGHTS TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO AND FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1311521 (BOOK 1539 AT PAGE 224), FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 18 BEING A 2.5 INCH ALUMINUM CAP MARKED PLS 28656 BEARS SOUTH 89°20'57" WEST A DISTANCE OF 479.71 FEET; THENCE NORTH 43°31'32" EAST, ALONG THE SOUTHEAST RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY 76 (FORMERLY I-80), ALSO ALONG THE SOUTHEAST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 76 (FORMERLY I- 80), DESCRIBED IN SPECIAL WARRANTY DEED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO AND FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1313364 (BOOK 1541 AT PAGE 241), A DISTANCE OF 3574.97 FEET, MORE OR LESS, TO A 1.25 INCH YELLOW PLASTIC CAP MARKED PIS 34594, BEING THE SOUTHWEST CORNER Page 1 of 2 OF THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED FROM JULIUS A. PLUSS AND KAUFFMAN BROTHERS LIMITED PARTNERSHIP TO EXPEDITION WATER SOLUTIONS COLORADO LLC, FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 4267385; THENCE SOUTH 74°09'43" EAST, ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED AT RECEPTION NO. 4267385, A DISTANCE OF 4174.38 FEET, MORE OR LESS, TO A 1.25 INCH YELLOW PLASTIC CAP MARKED PLS 34594, BEING THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED AT RECrYBON NO. 4267385 AND THE NORTHWEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 398; THENCE SOUTH 23°51'01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 110.90 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5529.65 FEET, AN ARC LENGTH OF 1049.52 FEET, A CENTRAL ANGLE OF 10°52'29", AND A CHORD BEARING AND DISTANCE OF SOUTH 29°17'16" WEST, 1047.95 FEET TO THE END OF SAID CURVE; THENCE SOUTH 34°43'30" WEST, CONTINUING ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 451.37 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 17; THENCE SOUTH 89°11'00" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 712.34 FEET TO THE POINT OF BEGINNING. 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T0R, THEREFOR, N00ce b Hanby 63.an dud l'«, 0 It.c fm - no si10R0 AM. al y 06,103.919 N 17092910 InnAvo k 250, mob, I E.Yifl3NW Ford0 50 b t 1100.5 Md 000 - 1.'awg amok) ) ha 119 N -o 501.. for oNdw Debtazw,Vn9t.g recd N, TT-te+r„t. j ppeennsseess d n C 1 m,a cancaf by roc u'k W.l, as to fa rj.YL' 9 P0oaoo, m0 as 0nondad by Fist IET$J 17/20/1 Last R+000o d/a«O1fl Sonm Pto&Oo, Groa'oayyT00ma. IF THE 500E DAME 45 0 111 ICE TO OFA LATER DATE, IRE DEADLINE TO PILE A NONCE CPNBYENTTO CURE 0Y TI10SE PARTIES ENRTIl010-CURE MAYOM.20 BE DATE 01 tS s &tats YaNagw, PWC Toolaab NW50 we..tp.A Wed, BBb•N OM. 0 Caap* la AWN Ta s. ar Nom. 1 iN dad..a fc ,,t a r IAN of 7WBal.e w,addo. 000 ay Moo ra HANyv, LIP TWO S t:at�xYtl, C0{0112)477)94941 Road, SW. 220 The Manley Naomi Nato debt tralattor and la la Se aaodto w as 0m56NrylMono R. 00-13-04710641 aiMaweb0prevWadany paa. UNIAAL IPIoON THE LAND REFERRED T EN BELOW IS §RUATEDIN 755E COtDNTITCE WELD, STATE OFCOLORADO, AND t9 �E AS FOLLOWS: DE �0pp ALL THAT POR710N OF THE NORTHEAST V4 OF THE pat sapper nomMAlalL Yw a Ito llFFnvO a.w• TSE 1E 6. You ham a 1kal Lots 0Ly byPh f:5t oo o ry 0n'i.:. ayounosM_ NquNd jay Ma 7M 9. Pn.s you day 00 01051 :aNs N H Parnmille mat Mheal.osaorala each At .w Manse Flo ants Aw Gbylayll�.'Na,Ra'.pa Imes$ .gosMan 5WN.. O50o,o o L* O'0molm gt *. percaab5 pawn as your wowc.. . 0.7. 7tora5 a0a Paaml.NrMP19ver1 .pePabar OIP,O*ok5*n aR1M rA, m.. yAylbD wiM4mn CND WWNa NORTHWEST iH Y.YWMw'ad baMalNgb },its. Mar.. oo-0 W. at- T anal de nupvdram y 0.10.4 rdl.w+.M lwnrp n(sfltClw�ilWantllo HO�Noweabf» or WEST .g....OWO,'"'"1".".4. 0mdy sfWaE. TMn 60 SA eboaPsoty hula rllegatraW cry aharlorYM R bAa W 4ppeaB,p s WOKEN �.�Mm60. Cry.Rp&61Q-t-i�,05OS AFp-71WANC�$ 1°00.° Ldeam6�b"yolMwaYoIb12t w a a0 AO" r 140. D aaaappeal, WmDOMWINatrOGannaBE/9a1 lrao- '5 0, eratot N. alappeaaadly..,O0,....... now DMA you may your YM aauMoaetodmke from P...Hon Iwo Dna aIIW dyad haw Row... ON 0.I0a Wlldl b aNaad, the Own eay.gyie mb. MEW - M cany va nom.. wPN W. end0.aar*g w wa maohBa dw did DOW LL1bNgylcblry 4- bmtlta3mffiIbPaanIONSI WN A cab aehaN&f eteld ct kw won bNa6atlm Yta4--7.A03aU t6w Pam. WPM. ChM lgy a6m9.l�B1A r staMM MOWN 2Na mak lqaspoiNT aloft, TA. Tatra A012,209 .. COLITMyES71M 01' 70-W IR 01I0N OTOS/ROOP a NORTH: RANGE as WEST OF 8TH PRL M., COUNTY OF WELD. STATE OF00LO COLORADO LYOIG SOUIFERL.YOFTHE 41005• FWAY OFTHE GREE- LEY NO, :DITCH. AS CONVEYED IN BOON* PAGE 022 WELD COUN Y RECOFLOS, AND EASTERLY OF TOE COLIN TY ROAD 00580 -OF -WAY AS CONVEYED W0001212, AT PAGE 417, W81.0001451' RECORDS. BEING MORE PAR- 7I%AARLYDESC04BEDAB PILLOW®: C0NS10ERWG THE NORTH LINE OP 1)4884 1HW19TIN OF SAID SECTION OS 0803{ IH09110000.OO' EAST ARO WITH ALL THE NORTHWEST CORNER 045058EC7 s THENCEWG 1 OATH 00°0.0- EAST ALOE/3 7E NORTH LINE DE SAID 1320AP FEET 70 THE NORTHWEST ZEST 00R 171 OF THE WEST 1/20F SAW BEN. o7YA400110 ;epeabr7aawWalda aln pmopMy WWII Armond.] ha. been NWwah w Tow 05* 01p150000 a/ 040100 05004,ti. Rooky Yourolairt ®. 0040400 W, . N. B... of Trask* olol Pa Town bra ate nAt0wrtl .u0S W I:y 0.105100 lam arm �I �1M Clen WHEREAS.,. Boado(TruaMM cubes to PornatemAFLneau. 0on/da.:on AIM - 1ps 71MA sly tor annotation and Ton.. a 00wa010d In la pH.. and WNW Prof Apn1921.3, 94, 2010 -. WHEREAS Ina Board or Tn... Wealewadte MN. and 0W.e top0/00 0* W.I.. COBNTY00515011, WELD It. Main. watt road cow OeIOOn. COUNTY, COLORADO NOW THEOEFC 5, RE SrRESOLVEDBY THE BOANO OF TRUSTEES BF. THE TOWN OF > USNOICASE OCEOP KED SBURO, COIARp5O, 36.5 ORANGE NSA . Tb. 504500, OMB+ Seool�Im 7004411,5414/ 1500,00Aa 1,50(rtb P,a40 Notlo.0 Say. )rRail by rAelanea, sin aptstalhal moray wfh da e�ic0b. hwsdtM 002010,fW+ Nana A an Ali u. 0.3, S0000Ion b r0Riredum . C. RS. 501.1210)(2). - 00014. .a Y/sd Gar.' 5001,. 9 No a00Edal tama odwnl0de.re b b. know. 0005104 brow TM PaMm squads Oalw poN50M. marem Bea Book Crabtree 7. The Board A T0cei.y a0 hold. ✓IFIIII db:Mn Buek +pnl9Wobd /21'02-104 Waring 7dwparpoe. MI hold ap II t... be 07, b w ..coda annkkoOW. 09 iR10a ard01-12-105,Beved M Nren M.' l c - tl d • IND)KoaP.M. Town 1408 Mal, Kealoebl.p, an MalbY, B, 98.1 011Kryab, ay> 0'Da P.M. CRON 38000.76 FEET: THENCE NORTH 9p`O0C0.EAST 01 FEET TO THE INTERSECTION OF THE E451SyY IG HT -OF. WAY UNE CP THE AFOREMENTIONED COUNTY 0 AMINE SOUTHERLY RIGHT-OPWAY LOSE OF THE POMT OF 01001454 4 '15 THERM A10439.04 SOLITHE LL�yy [ARCH RIGHT.0F•WA�STTHE FOLUNANGCDURSESAND DoT NORTH 16"1460'. EAOT Dae7O FEET:N RTH °48' EAST 21252 FEET BOUN172MT.5503T NOM FEET:THENCE LEAVING 5AA7.RI AT -OF WAYSOUTH D 1 V NM WEST 61,0 FEEL TO THE CE?TENURE OF Am - DOMING COUNTY ROAD; THENCE ALONG THE EXISTING CENTERLINE OF SAID COUNTY RCM) BY THE�gLOW- GCOURSES AND OLSTANOES: NORTH fg`NW. WEST 21B.10FEET; NORTH 72'20'J0' WEST 851,75 FEET SCUM 8091'10• WE8T311 40 FEET` ROOM 78'4220' wEeT 4401 FEET TO THE 'EASTERLY 111CHROF.YIAY OF THE AFDRBEEN ED DEED COLMTVROAD THENCE NORM 0144015; EAST ALONG SAID EA*TFSLY RIOT: OF'WAYLINET5450 FEETTO'METAL'S PONTOFSE61P1, COUNTYOFV/EtO: STATEOFcoLDRAca darakel, Yau shmW COMA 0 ROA REMENTON ED DITCH $AID POINT BEING THE TRIM HOTK:E OF COHFRACTOR°USETI'LEMEff TE6690: p.yypReomm ••• Ott dine. 4000m-p."i)' WAIN md.NERNA nOYr1M" •16TH. =A Abe Daiwa. to DM owIERKMany WM 6taityla tsar& Pain.. WELOCOUITY, COLORADO BY;53005 CaaeH- 0..r0MF Am13 122015 TOWN OF KEENESBURO COLORADO '�.. "" Nam aiINmY 0Nm Eal�W° w�+�d NtlwT A =MY mon cameo':. hAdPPWb HadnOemdnaaYgalBDp M �t00 gonom05.0. , Ha.. 14UBaAh MW SUDo. •a/J2,;b18 10aKw�IAO Peal dwiAtle �epppp® NaalDpa 7'7ffQ G1ARl.EB Rooky mesh 0550 *.. O.o WatiP0.'..ais Hew Mont Doti AY � b TM swat r;paeapk NPM'ifl6,model�IJbNs ��' ParPdW 7.W Furman INA,006 i ,07y Yon Sty nee apYmuw5814 501. Punks Hweson sn P. ModaTNay0, 20wYPml/K.mlaeWor:HM014 1. We,0000Cr. SouthA Kewf souto C mmu WAX NM M.PRP..D.W. PLOW Ho Tmm MW,1®9 Wurto Wen band mm mom ct.adrtla`,.iY rar wNwIn pdYmter anmmbtRYDam i9od MO, HT '� €050. Weld 4o hn. 000000w R, /1001 ,80015oe.An+w,uuontotheTwo0,9.,.!.m: .BO° c.59,..aoa re SOIL loon. 01401amern It.. forty TMM jaygbr b 4 7 1.4"dWbmMY HomyI isl(SID,.,t Any maroon msr.Wa o0000P50o414 BiwaapNNlam Elk A6m.TM nw....Ptlw . and W114%B�pnpwrnea.,,und ccorredw-. _CO lb. Ba a6 sea property a eas1 iaadmdrqCA3a831 WCR 398 10 BY. i�oJJM dllce.:rp ,z1.,"^n zmaYg.5*p 50051. 1e9tlp,10155i al 00 PlcgoM 0055 .Idefpw� 006: elbllrrpdh fe?a.ta set Eanth iowh Da1d enartiAb RvsOtCw^utN 201619. - 77y T1tI.a Capats d w.®•m,.aco'sO poihlay ad NA 5. 12: 18, 2010 al. adw n®oi14., 2004 INNiw milua0 DREW itM ,,A0 ec.Oi^:1t"tic^eaffipnmrWaM og4501ootlto ON. or Coktatl0 croak Na and .....for 57 ,R^.v 91NIaeY OD11 COLCI.-WELD ...Tow COM, 140 Swill Mary 41000Wb05, CO BOWS o55401EP0000 arr, dAc.M CoweNO.LOMW Myfaptir%uftrxisa flOaa CAL7l1�.1EC9F Lathed the 9Ed dAIdl, 2914 PUREVIEW5 R TOWN OF NEENESSURG, COLORADO I OP 0440 on ToonDan 501E Rona TIOBDO RFIZT.COURT'BOANIDFORTIE C OPNSY.OF YOU ARE iERE041OTHEp Boy a PaNna1 a.W q,a WOO' mama Waoalile ulna MNLAIpblalob.•age.We, Seta tkF aYa dattlaYameaa0Mnnaha paMiadpmrY Ca&d1anaall Adrq,NGaa,ManalOal ham/ dpmynh ggplyaayp fWpr ale T rata NNW* Malts LOISTIANNI.Nis IO CASE Ntialay;p� N906 . INTEREST CR1AMY ENRIG Z INIOor r HEARROS olortsCTCONIT, POWs.. D5aNApyy, 11510, 7D� 0019b5re¢333601,66iy�y M adMAdJUmbam RESOLUTION N0.201611 Mod WT wV/mM OOralbrl.d A REBOUNDS% FINING 0168STANT40l COMPLIANCE FOR AN ATRNE7EATION Ctod. 4GFD WTNT77ETOWN OF N./uaopge COLORADO. IOIOWN AB THE 1100104:n. . MOUNTAIN aR®STRENN ANNEA71ON7p TOE TOWN OP%w NO. ra0ImvDL Ma ° PUBLIC KARAM THEREON N URO, AND A lwrwaE Cm101.1 OI WrgeOffico Oka kSM� ,Mr plop Rl r.ta�Nevkq and Plam,warr<rWIMbwOT-.. : Ali jg 14, 0010 pn so,000. OF 50 5Minw pe007, . =ant Upon cmalegcn dam heat, is Rondo. Husk. oa ma form. tyl,aoea,, 50 N'O TICE wolatCcpoo0/0000N ablaeoeb iM of d d ma ps"oad annmolldL erg *WIN ASST MOWN Rama. Nana ¢Ya�B�OWnoptW. zoning dam 0W4ec/ P'0100100leeed in the requInanarda lor Ma prow.. Anne:raw haw bow end Paw tlsNnrta 5 €05Oa dsuo MI . Mm m2, It3toi Bawl A Tn0M1 concludes, Oy 0amkalo/1 50 al Damon/ .ar�.5. 4.ploy 00140000 0 P BoeNdTlWaa Pnpwada1mmemm a p0000 under a le Nan alter 81A0 W Cekaxdp• Ina BOLT.. Pad In A80y 0A>'19 +AaYO.a one am05 drawn. 04arlo0 500Vaml 9ropa4Y bane Tam,. 4POBO[49jtll0.naa 0,9 000 05Nd ne pave a.aMO. odiisnoa. awing Paautym 7100050 mcmemp 55w 040,00. INTR0Ol7CED,)EAO. grid 500015)7 04010 day 01 Ap18, 2008. LOCATED IN THE SOLPHLYEST ONEsDUARTER °FEECnON 17 AND THE SOUTH myr.O� pp ONE-HALF Cc SECTON Is TOWNSIRP2 NORTH, RANGE 83 WEST OF THE OTH PRINCIPAL 4R&Ietl PDBoA4B9Oi NEWNAN COUNTY OF WELD STATE OF COLORADO BEING THATPARCEL DESLYIIBEDPN Ltmawabup S0al-- SPECIAL WARRANTY DEED TO DISCOVERY D1 sonvIGES LL0 FEED W THE OFFICE OF TIE WELD COUNTY CLERK AND RECORDER AT PECEPTOHNO. 4414052, MOTE PATIO/. Th. 2. IARLY DESCRIBED AS FOLLOWS Aphi$tP, 2908 BEGINNING AT THE 01.32EAST CORNER OF SAID SECTION 18. BEING A 836 INOH 50. WHOM CAP MARKED P1S 22027 POI, THENCE BOUTHBDISTA ' WEST (OASIS OF REAR INDBI: ALONG THE SOUTH LIE OPSAOOF 580005 N10 A DISTANCE OF 283ORO FEET TO THE 9WTH ONE-FSUAR SCORNER OF BALD SECTION 18 SEINO A IDS INCH ALUMINUM CAP MARKEDPLR 27.2 2002' 1EN0E SOUTH drawl WEST, CONTINUNO MONO SAID SOUTH UNE A DISTANCE OF 2201 A4 FEET MOREORLESS, TO A POINT ON THE SOUTHEAST RIGHT bF WAY LINE OF INTERSTATE IOGHWAT781(FpRBERy�YI50)), SAID RGHTOFWAY DESCRIBED EN DEED OF FOR ACCESS C RIGHTS 70TFE DEPARTMENT OF HOONW*yg, 8TA1EOFCIXARADO AND FLED Ida NR 18DES OM OPFI0550F THE WELD GOUTY GFAKAND RECORDER Al RECEP. �p�[(MOIST AGE%4,•)1_ NWHICHTHEBDURINEST CORNER OF SAID SECTION 1SSE003 TAi000 HALI-WANT ,, MAARNE* EtS 21010 EARS SOUTHlar208TWB3TA'INSTAdNCEDF 412.71FEET THBICANORT0i 489195 EAST, ALONG TYE800 014-y7RK3H}'�rppFFWAYLINEOfSAIDIN- IFASTATEVBWOYAY T8}FONBERR.Y MO) ALSO ALONOTHE BIXRFiAOT RIGHT OF WAY LIE OP STIEDEPIE O' T4 tl1f��I S'MVC4F V. rFOR MOTO THE mum,' ATEOFSOIORW)DERA RECEPTION N0,1918184 .MV NIE ORi[:E THE WELDD, A 0T ANCEONO7007M tATREORLE 'IDA1.0801 tB0O4 1{A'40 RAGGE TAmmcm I�5480450 �L7� MOREOR eLorxwopiNTOAtl.251 PLSb10 WARRANTY DETHE EDFOUT1WUM FPNWELESDREB LIMITED PARTNERSHIP G TN RSHIP,aiy DSEDITION MUM S. TiONS.TO ORABaa&Ly�FAI4,50 AM1�OK IN OF LgEL,p =Only cLENANDAECOfOFp A REL7EPf1ON NO 4267.50,5' •.. • 1 700750,100 AaN 1210, 2019 ATTEST Kennon Glean, Mawr Toni 4owal, Town Cron NOTICE Camahan CONDO Toni LEGALDEBdSPRON 12NB0a0N9q&a1as a10at o0 A PARCEL N nHb Seo we om sold and MM TIIENC$8 5TH34.00.3'EAST'ALOND THE SIXTH LONE OPSRID PAII5FL oe2004000. INCHMELIALY."PRECEPTION 9 riGa287282 appppp ADISTANCE OF DA D0 1134ONBE0NGTI 80EUI ABTOll ��`.O RNER OF wAy LINE �SAID ATIVU,cIA.PENa4 0•ANPm:NBRTIRERS71100iGOFp • COLNTYRg1p iNp, RNANW-EfiiI011EP, Raapadara. THENCESOWN 2rons,Ia.IYEST,&owGSAID RIGHT OF WAY LDS. A DISTANCE OF 11090 FEET TO THE SEG W N►NG CFA CURVE TO THE Timm' TA. reams Aped 12. 2010 - Toom SILLS PAID Foil MARCH 2O1a it t11061i0.1777,FIFT"MMEIMIliO'.._IE__ T..._.., —,,.F -t-5•F [ `1iS1 Eby 77-71 .'� ^-T: r'�Fi[tAR->• SFr ' T'f it, J7. '751 �000E/ 1 L ,:3 F 72 �1 T'T F-ltr TF.&1 �10 ^'T'I®�F Z7,7-1 t"7^S.. "Esr7EiFrNI'•1♦ itu/ 0 TT T , a , I� I1Iitl1 —►.r1., �E3• fLE� I0 TT77^E18�FI0 L ^A .7,-7�11iumE k •iF MIN? 'TTIT . cat �u•'"'p�f®� EMIL 1 _-'-4 EFT^F i'•iEL7'.1• OM! 1 ^T1r �E1.40•1,11/1 ��Etl3 ]� 1•:- E1^�Fikir: Crn .7u R it _TJ 70010 , 0T:M F5MIEN� TI 00011 C^TmwomrimmEmoom 511 7c3IT'•1♦ 5.571111OrlimEmmt.11,7710. sus. RNUCNNAeida.ONG SAO cows To TIE 2r0r7NB HAY RADIUS HENCE OONTWORM �OF&�.00'FEE4 AN ARC LENGTH SAID AMBIT OF WAY LINE ANDCP 104802 FEET, A CENTRAL ANGLE 00 l mo2., AN .0000R07 DEARING AND 0 424 EOF SOUTH 26'17'16• WEST. flea al CoaNnedCosO 101795 FEET 70 THE ENDOW SA10 CURVE, A Rahadeen THFerso SOUTH 34•4310" WEST. 0005511UING ALONG SAID RIGHT OF WAY LINE, AMS- >1 YY C4l 7TAANL1',EOF01,07 FEET: MORE OR LESS. TO APOWT ON THE BOOTHHLINE OF SAWSEA" THENCE SOUTH 0055150 WEST, ALONG SAID SOUTH LINE, A DISTANCE O :TITS, FEET EDWIENOL TOTE POINT u. Ica .,,.......__. 07105E TO5RED0TORB '0505 W CT 0ITORT-YrEL IO "CA9f CCI ITMi• 0.2919 PR fE,.0 A CANLPRE ,BLOCIL a9A CARL F. '" SLOG( MA pOANRL-ELOTM, Alclaim sganina Wang Ins abort - mama taco No rammed b 541040Flanbwam al roormanwin 0.0.1 0 0 5050 0 000155010rs August OS 2500, .0110001/O10ay as WnadO. 4" 407 ry�aNi Way IOM0i-S 00. 1.41ortu. Fowl. 1700 BOWAN, We 209 COaayr OCT 54 The Mb.. A01112, 10, 26, 0015 T17HS DESOMPTWN WAS PREPARED AND DOES NOT. SEARCH SY AELAM,BENEFIT INC,AT ALECW1I51.REPdT 1 EGAR OING as STITTE ll� SEARCH BYAGOAM,FOR ALL - pacAujED WORMS Cp850A5T 4TORER NNOAFC0,2511�802900 PREPS LArm q am, 800.0,. ANTYCOMPANY DATED 0210192012 E�AM OFOIEPOOSOAI EB P.M BdSIRANL$T COMMIT. 2 BEARINGS SHWA: TINEON MD ON GP8'OOP.1e. PO8RWHIND USER SERVICE ARE ON N.G.S.89ERYROJEC PROJECTED TO IEOOAjO OFFERED TEE(N.OAN710000 TED.TO'COLORAOC SDOHDNCTS SYSTEM t9S1 ARENORTH2O/E• (CAR. 50-52-105 GRID 8 000 S. DISTANCES OBTAIN TINTIE RIDDISAREE IS 030372:30SUMSYF50. GRID. THE COMBINED Fgf'jOff. 4.11 SAMS OF THE NNOW FORTHIES6 D.YISMBy, 4.TIE5ART OFBEECTIO, FORT 'TOWNSHIP SURVEY180E ANGE55 WlETHES OIHP, , 5400 tale MI40PBSEEGC AB 14meEAST ORIH SOUTHEAST 8100RFTHEF 0405 BMUNE 8 A02S 1001 pry meEASTC BY PMTHE BdLO 30,TOORNEROFSolo WL+TMyN 18 BEING00074 E'QUAO ER CORNEA ECAP MARKED SECTION ECTIO 4 00 BEING A 215 MTHE ICH: WUMINUMC PMAR PIS OWN Ens 0 S410WOUTH ar184.WET, COWL, ALUMINUM GRP1MREDp:Sg7�p 3A0H AND EMS SOUTH 80'?D'S4'WE$T. TAe Tdbara, Am. IS, 12, 10,'20, 2019 CaRDRIED 501505.061UCATWN OM 1.10,1 BALE.0.180aW NOTICE 0 O1ECl10Ni s T0 'Ahem 0 TNmn; dw+IDpDeed a( Tara Comm. The. N007, b Inpl.ww>9w B TRILT 510 OOblratl 4201 ed PPlaa Tama. anew w 0508018/15 LIPU.wo MINN fa Ill Dead W Trent W. natal anima to baraw�d Him C�cmay4�.ov Wad loan. LMreaap. 0o00.0rw500 Ordpiah 6ra18a..)C IRIS IAN _ R. CHFNO'WEfH WON ..Lena aM000° • N0105310 050001OR5 °WnaI w).a EkameoR5050oo. BIT- 1mnel ra4alaOald Oo DISTICTOOINT, WELD rocs, 0c. CH,,,, Rrowafnembw sR COMM IWMECOMW F NGA6 coa-ib fEa4N 07 5.4.. WeWCWWNgWi BABE 00220 pONtl OCMmdov1010000'71091 Thh BC*0h E00001/Pta1- X141: rOTIN II EFT'''. Heal N. roATA0OonB0CY•Na80001 Asavmsoon Lm'1bo Eon'rw d1,o1B..afad YW°.OW Bank,.AV l....fnony NA 40.0000 5404'.; 5.r 4" 70w,a 1.....4 AI PO..Warns mains, IN 01hw'Bp i}} asG ,_ b1 _„A "w..'1'I P�satlNoa L. 4" car iay. K gAn.WWI m WON Laat.paralmwb co..,dd`I'Caarr� lln sA 09 -2004 Pa SW =at Coln. bH C01500y, Wind 17.mdare Dewar 04Tn�May 05,2554 _ WOW., co tame 07440,....owduy 0A RddIFINNI 31772"btol..l,n(I1— No. mbar EMMA..3. AID) Ronan M. Wmlda CURS 2000, or ate drake may M AtlpRay k.ev.r WlrM.. Rm+N H.. WOW0.0 /26.96.1 90000 Prineimi Amount WO 77580 R®0500•m1W Rocky Mountain Midstream Annexation to Town of Keenesburg Impact Repoet Project Description The property owners, Rocky Mountain Midstream, LLC are proposing annexation of 242.451 acres to the Town of Keenesburg and zoning heavy industrial. The property is located north and adjacent to CR 398. See aerial of site below. Vicinity Map AECEIVED APR 172019 WELD COUNTY COMMISSIONERS This map is a user gene, aced static output horn an Internet mappng site and rs for reference only Data layers tha appear an this map may a may not be accurate, current a otherwise relwble THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcels Floodplaln - 500 Yea Floodpla n - 100 Yea Zone A Floodplain - 100 Yea Floodwa Floodplain -100 Yea Zone AE Flcodplain - 100 Yea Zone Al- Floodplan - 100 Yea Zone AC Highway Road Road Town Utility Services The property to be annexed doesn't have any proposed land use that will require the extension of Town of Keenesburg potable water or sanitary sewer services at this time, and thus requires no corresponding financing. Water service is being planned in this area and sewer service can be extended at the developer's expense should the services be necessary. Existing County Roads 398 is paved. Service maps will be updated at extensions are made Water Distribution Map f avATER ,„ Sanitary Sewer Map gs• Project Districts WELD COUNTY SCHOOL DIST RE3J-KEENESBURG CENTRAL COLORADO WATER SOUTHEAST WELD FIRE PROTECTION DISTRICT AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY SOUTHEAST WELD CONSERVATION School District Impact • • :{ - _ _ - I i SOIREE SYSTEM Iv TELEST D The school district is Weld County RE -3J. There is no foreseen impact on the school district by the annexation and zoning of the property. Any potential impact of development of the property would be evaluated as part of a future development review. Attachments: 1. Keenesburg Future Land Use Plan 2. Annexation petition & maps 3. Annexation agreement 0 7000 � T L.' R65W R.. W i R64W I R63W . k Rfi3VV 32W , <.., j' F� f 9 i. , M ics.i, -� WC 28,-e -I •c----"" _- - �i .1 _ K �• �� • •.�, TN:21\,, .._. , �,� �•� td. �!R / I , ,,. r -TI 1 ' wCR 2c . _e•-.1-; ' a ` l J i TN , 7L. 1 D �,.; i- Al 1 _... ' P;t-.}� ilf .A1 .. SCALE IN FEET COORDINATE SYSTEM COLORADO STATE PLANE LEGEND FOR LAND USE PLAN , 4 �• 1 �' 1 I _ /,; ,. _ �/ / r , -• } ,. . i - ' } t J 1 I t i%t jw ! 3 / r t AGRICULTURAL (AG) 4. 1 44 .'. 1 ( I �{ � . i ° I RESIDENTIAL (R) ; • � ~ _ j/" u MIXED USE (MU) k. 1CR 20 -' !: — s `� �.. }rr. HIGHWAY COMMERCIAL (HC) 'Yg :. 1 N of i r n INDUSTRIAL (ID) • 1- i r •I ��.. • ', i I I OPEN SPACE E (OS) s br f �i •a. I u , Y' ' ` 1 , COMMERCIAL BUSINESS DISTRICT : 18 •. J KEENESBURG TOWN BOUNDARY WCR 3ROWTH BOUNDARY ,- �I-� I __ }r V*1OF ENE BURG, 0 I - 1 ]G ---I TOWN, COUNTY, STATE ROADS .•��. ` �� "' f I I 1 ' I + �y ) , " �... j _ - ^ - - __ - 6 r_ 'r 3 y./ , ^ • ,, , t. _ - AND INTERSTATES PARCEL LINE c f 1 .r' 4 }� { I -� Y ' `t Std 1,__- N , . �I i, ,` y': ' r 4 RAILROAD .;. :4 M I Tl I,I , i /,"_' . =4 t,1 t. - Ly \ ' \ RIVERS, STREAMS & CANALS LAKES PONDS 8 RESERVOIRS URA,L (UNITEUNITED : DEPARTMENT WELDOF COUNTY DATAESSOURCES ~ a, I y 1, 1 e . F �, f'r 1 c =� ,, ,• ' �? 11 L �- ; . ' �--- - 1y.-'�� f_. �� -3-- i_ T" ! J WC • 14 f ` '. _•� -+•j i l t4 ./ ,. ti -, -, y J i r I r_ i f /: , - TIN _ 11Y •` , } --. \ t �\ } 1.. , , .;j i • , 1 \ i. Z • v� \._ - 4 �, r 12 1�� . ear �.a,.,C._- _ .� aar_� 1 r - _ _ -_ _ I _ • t 1- f+, r • TOWN OF H DSON H; - ;;- J z %- - :N et L l , i ---___I 4- ti -A C t ,- i r I� WG tO !!! -1j i. v i1 IS F \ �' � I - - -I Pt )...I•gra".. .�ddd'--lei I ..e. •'�' ,'' _ X41p. .. -(, d - ,._ - r - .. k; j tit,.' , 1 `, tom, + I 1-. ;<, t LAND KEENESBURG USE PLAN MAY 2018 WC 6I J r ! I 1 ' — .; v ,,:'f _ . ,'�� L fe } Y "" PROJECT 801100 . . ()r1;,-01 — PREPARED FOR , T1 N '' �, j J 3 �,, ` wC ' t z r , �N T1.3 r ' �~ _ T PREPARED fib �. .'`To T1 {� - t' �I . _ _ t.% t' 1 c T . rt /1 S7 1 ID � / `., A' { �i " T E L E S T O*4. t,� 1 ► V 1!), f N . In TO . I . f ID , tQ t:i t-.141 - c _i , �.��CC Ct �i : ' � U' 3, { , } • 3 '3 1- S �1 7i n 1 M R P 0 R♦ T E t i O ,. 5 t C 0 .. l ROCKY MOUNTAIN MIDSTREAN ANNEXATION LOCATED /NA PORTION OF THE SW 1/4 SECT/ON 17, S 1/2 1/2OFSECT/ON18, TOWNSHIP 02 NORTH, RANGE 83 WEST OF THE 6THPM., COUNTY OF WELD, STATE OF COLORADO OWNERSAPPROVAL: KNOWN ALL MOLDY THESE' PROEMS, THAT WE, DISCOVERY W SERVICES LLC, BEING THE SOLE OWNERS AND PROPRIETORS OF THE FOLLOWING DESCRIBED TO WR: DE5CR1010004 APARCEL LOCATEDIN THE SOUTNW£5TONEO/ARTEBOFSEC1,ON WAND THE 0007700NEHILFOFSECTLON19 IDWASWP N0.4724 22421050/0503 400/OF 7705 omp c/PAL METAWAN ON/NTYOFLYELD, STATEOFGOLOG400, BENGTINTPARCEC OESCREEDINSF£CNL WARRANTYOEE01O0/SGSYERYWOER4/CLSLLCFILED/N/1/0S ILE OF71EWELD COUMYLYERKANOREC0R0ERATREC£PTIOVNO. 4414330 MOREPARPCOLARLYDESL'RSEDAS FOLLOWS BEONN%NO ATTHESONHEASTCORNEOOWS410SEDDON 1&BEN>'A326/N0HALUMI/X/MCAPM4RYESPLS23@7 1997 THENCE0OUTH89'2T96WWEST(BASYSOFHEARINGS)ALONGTNESCUMILINEOFRNOSECRON ILL DISTANCE0F205090 FEETTO THESO0THONE-0MARTERGOWER OFS4/0 SECTION 16BEING A325NCHALUMINUA4 GAPMARKEOPLS1T169 20021 TSR CE SOUTH 89VDSla WEST. CONRNUINGALONGS3/O SOMHLNS, A DISTANCE0F2297447000 MORE OR LESS, TOA PONT ON RIESO07HEASIRIGHTOFWAY LINEOFINTERSTATEHIGNWAY76(P 1MERCYISO! SAD SSLOHTOF WAY DESCRIBED INDEED OFACCESS MGMSTO THf0EPARTMENTLFH/OHWAPS STA TO0FCOLORAOOANOELLD FOR 890080 IN THE OFFICE OF THE WELOGONNTYLYERNANDRECORDER ATRECEPTI0WNtO. /3110211(BOOK /500 ATPAGE224A PRO/WHICH THESIN/IN4E5TOWNER OF54/OSEC7/OW 186E/NOA26/NCHALOMINUMCAP MARNEDPLS296.G' BEAMSSOUTH00/ 00790STA DISTAN'£OF41B71 FEET THO NCEAORTH43313TEAOT.ALONG 7/IS 500005AOTOIO/0T OF 914 101009/ 5004/0/57585TA/£ HA0IJWAY7b' (FORMERLY 7.80A ALSOAL DWG 7490SOUTHFASTRIGHTOF WAY ENE OFMTERSTATENGMi//'79(Foul. Y4894 DESCR/BEDNSPECGIL WARRANTY DEED TO DIEOEPARTMENTOFHIGMYAYS STATE LFCXXOLAOCANOFLEOFOR RECORD /8 /HE02FICEOFTHEWELD OWNIYOLE 12ANOREL0PO£RATRECEPT/N/S0121a79702004 1541AT PAGE2474 ADISTANCEOF3574975500 MORE OR LESS 703715 INCH 34594 BEING THE SOUIHWESTCORNER OF 7/N TPARCEL 00059000NO ECL4L WARRANTY DELDFROLIJULNISA ROSS ANOKALIFFAAINBROTHERSLIM/700 PARTNERSHIP TO EXPEDITION WA TOO 00LMIDN6COLORADO LLG 50/0004 RECORD IN TH£ OFFICE OF THE WELD DOOM CL ERK ANO RECORDER AT RECEP RON HS 4265395 THENCES0UIH7409970AST ALONG THE SOUTH LINE 07SAID PARCEL CESCRWEO AT RECEPI RTN 50 4267365. A 015TANCEOF417420FEET MORE GRIM TOO 115/ NCH YELL OW PLASTIC CAP 4148050 /1004504, BEING THE SOUTHEAST00RNEROFSNO7AR0010ESCR/BE04TRECEPRONNO 41B7.10ANO 700500THWESTRIGHTOFWAY LINE OF WED =DM ROAD NO. 399; THENCE S0LITH230101'W'EST ACONGSAIORIOUTOFWAY LINCADISTANCE 05 /1000 FEET TO THERECWMHO OF A CURVE TO/O/ERGIfi ME/CECCETOVU/NGALO50SAIORIOHTOFWAYLNEANOALOYO SAID CLOG ETOTNERIGHT. HONDA RADIUS OF $52365FEEANARCLEN0TO?OFIWSS2FEET.A CENTRAL ANGIE OF 10.012914003 CHORDBEAR/NO.4H0 D/SOANCEOFSWIH29'l7YB'WEST. /O40.R5FFETTO/IEEVOFS4/OGY/RVE' DENGE5O'DN340/302' WEST CONRMANDALONGS4/ORIONTOFWAY LINE. AD0TA0000F45137F£ET, MORE MASS TOAFO/MONI SSOUIHLINEOFSAOSECRONIT. THEM.ES0UIHB9'11M' WEST. ALONGSAIDSOUTHINE,ADISTAWCEOFT/234FEETTO THE PO/NTOFDEC/NMNG. COMANN0242.46/ACREOI1900/708000AREFOOT) OSCARS NOREORCESS. MATT/USTINOS, DIRECTOR OF OPERA7/ONANOENGINEER/NG ROCK YMO NTANA4/OSTREAT.C LLC ACRNOWLEOGEMENP STATE OF COLORADO COIB47Y0FWELD THE708000/55 INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 0711, OF NOTARY PUBLIC MY COMMISSION EXPIRES: SURVEYING GERITFIG'ATE: LWUOLASW. CHINN. AREGISTEREOP0OFES0IONAL LAND SURVEYOR IN THESTATEOFCOLORA00, DO HEREBY CERTIFY THAT THESURVEY REPRESENTED SY THIS PUT WAS 4440000/000 945 PERSONAL SUPERVISLON.AND THAT DOS PLAT IS AN ACCURATE REPRESENTATION THEREON R9SSURV0YLOESADT0NIST//U/EA RRESFAR0HDYAIE TO DETERA9INEOWYERSHIP. ENRIERAIORE PASCER/)FIES TIWTATLEASTONESLXTN(LS/OF THEPROPPOTYSN901 FIEREON/0GOIVIIGUOUS WEPT/ DIE BOUNDARY GA THE TOWN OPOEENESSUREL DOUGLAS W. CHOW COLORADO PROFESSIONAL IAN, SURVEYOR NUMBER 37070 FOR AND ON SELIALFOF ALIOAM, HNC, 1999.27THAVENUE, MOUTON, CO80901 (30310546261 / XVU9.D TOF00,06,YS REG NO 4t H= =PARC/ / / WELOSOUNTY REC. OM (04.2G.1D H/1 COLORADO OEPi.MIBG'MAYB (NCH. XI 1171.77 11,8P•IME 5, WflasOEPT.OFHIGNVIAYS / MATEO;COLORACO REC.... 10.491 (PALM 00.221 / § / I� EffiBI IE4lOM CCMAADLF I 9 BLE =VS OEM. OFHF:MAY9 3TATEOF=WACO REGI.tt 411&%1 wARCEL W3:lH SE1/A000710AI 16 TO2NR63WOTHPM c1nNpar. 7A9 OBARC91199aIIACEJAIRMEPSVP ANNEXATION 242.451 ACRES (10,561,168 SQUARE FEET) PERIMETER:15024.52' JO R.OiW.HXS LBION MON85/13NED) j euRET RFC.Ip.M5 M0 04'4/N 8YRP90LMON BN.BOPoAETJ rlroN4axrN601 D POINT OFBEGINNIN 4NVERW AANETB ..1.1,mXOL1 ew G ORWRiBE ore 0�AL/ AMf1WlsMxn7 0 is>.,PT f NE SECTION 19 TOIN R63WOTHPM iWR,O.W Mow., fEx. ai PO. 114 BYRO.W ROAD NEWER5 REPORT L -ER• 22 SAO ANNEXATION N0.4 REC. NO 4298076 10VR0.W. EMMET.ME SANDIFEWN.a,. IPPRO.Nt WELD COUNTY NOOOCINEN(ATIONFOUND IWRO.W. LINIMPAGFICRAILROAOCO IEXCFT®f0.4EY30GTONMD =ORAGDtt�¢b CO.) 1,07:141.LAT•INEWORIER,4 APB IBYIl3C00 9 SW7/49ECT/ONf7Ili(/ TON RCM 6TH P Nero, 1100, _ — RO.N.BYSOLUDOW � &COM M 01tW4 w4WED1 B.LNLGiSSANDsAWAFERNLOSVLO NWl/4SECT/ON 20 TOZNR63W6TH PM APPLICANT ROCIEYMOUNTANMi00100940 CLC MIX/NGADORESS' • - 510E 00100E SUITE BRIGHTON, 0090501 710.003..9423 IP SURVEY NOTES: 1. LWTE(5)OFFlELO SURVEY'DY3R 2. ISEWORD'CERTIFY'ORTERRI OPINION REGARDING THE FACTS EXPRESSED OR IMPLIED. 6. MGM ACCORDING TODOLMA THIS SURVEY WITHIN THREE 503 BASED UPONANYDEFECTIN 7HI CERTIFICATIO N SHOWN HEREON 4. THIS SURVEY DOESNOI-COYSN EASEMENTB,RIiHTOF WAY 091 FC20/550303 PREPAREDB5OLD a BEABINGSRHOt5NHEFEONARE OFFERED S Y THE N. G. S. AND PR L 0652-1059103} 6 OISTANCESSHOWN HEREON ARL 0/0TANCES 150.999721466 7. THE BAS'S OFSEARINGSFORTH TOWNSMA2NORTH. RANGE 63V SOUTHEAST CORNER OF SAID 0E NOISY THE SOUTH ONEQUAR 27259 2002 AND BEARS SOUTH IOW OFIfEENESBURGAPPROVAL, 701/0/0 TO CEOOFY NAT OR0NANCENO. ANSI) KEENEESURG,HSLEBTACKNOWTE000 PURPOSES INDICATED HEREON. SGLE 1,600 DATE MPS CLIENT NAME: ROCKY OM, REV REWSP.1V BITE REVISE 9ExrsrvirtWAren .OBNWH NUNEBBIMO 0/3/15 RAC GHYDVIC REV 0 CEL440140 4SI UPDATE ESCRIP7Mlnw1 IS4f[OFCRPMAIRENEW TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY,1919 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado Revised Statues, hereby petition the Board of Trustees of the Town of Keenesburg for annexation into the Town of Keenesburg 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 State of Colorado, and to be known as the Rocky Mountain Midstream Annexation to the Town of Keenesburg. In support of this petition, the petitioner (s) further state to the Board of Trustees that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Keenesburg. 2. The requirements of Section 31-12-104 and 31-12--105 of the Colorado Revised Statutes as amended, exist or have been met in that: a. Not less than one -sixth (1/6) of the perimeter of the area proposed to.be annexed is contiguous with the Town of Keenesburg or will be contiguous with the Town of Keenesburg within such time as required by Section 31-12-104.. b. A community of interest exists between the territory proposed to be annexed and the Town of Keenesburg. c. The territory sought to be annexed is urban or will be urbanized in the near future. d. The territory sought to be annexed is integrated with or is capable of being integrated with the Town of Keenesburg. e.. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the Page 1 of 5 annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. j. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg in any one year. k. The territory proposed to be annexed is 242.451 acres in total area. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; Page 2 of 5 c. Within the annexation boundary map, an identification of the location of each ownership tract in unpiatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Keenesburg and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. e. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Keenesburg. f. Acceptance block describing the acceptance action by the Mayor on behalf of the Town of Keenesburg and providing for the effective date and Town Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Heavy Industrial. The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Keenesburg Municipal Code within ninety (90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the Town of Keenesburg to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the Town. 8. If required by the Town, an annexation agreement has been or will be executed by the petitioners herein and the Town of Keenesburg relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: Page 3 of 5 THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to in Exhibit °A` to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado. Page 4 of 5 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of 7 pages, including this page and t each signature thereon was witnessed by your affiant and is the true signature of the person _ ame it • urports to be. STATE OF COLORADO COUNTY OF ADAMS Scott Jay Ele irculator ACKNOWLEDGEMENT )ss The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 26 day of February, 2019. Witness my hand and official seal. My commission expires on: 11,0&t JARED`UNRUH NOTARY PUBLIC, STATE OF COLORADO NOTARY 1O 2016 91 MYCpSAISSION SPIRES SEPTEMBER 18, 2020 (SEAL) Landowner: Rocky Mountain Midstream, LLC 540 East Bridge Street, Suite A Brighton, CO 80601 Matt Hasfing Director of Operations and Engineering Jaruh 540 East Bridge Street Brighton. Colorado 80601 Page 5 of 5 EXHIBIT A Attached to and made a part hereof that certain Annexation Petition dated the 25th day of February, 2019. Legal Description A PARCEL BEING A PORTION OF THAT PARCEL DESCRIBED IN WARRANTY DEED FROM L.O. LAUCK TO ELMER J. KAUFFMAN AT RECEPTION NO. 1545968, A 1/2 INTEREST OF WHICH IS DESCRIBED IN WARRANTY DEED FROM ELMER J. KAUFFMAN TO JULIUS A. PLUSS AT RECEPTION NO. 1582082 AND A 1/2 INTEREST OF WHICH IS DESCRIBED AS PARCEL II IN PERSONAL REPRESENTATIVE'S DI+D (TESTATE ESTATE) FROM MARK A. KAUFFMAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELMER J. KAUFFMAN TO KAUFFMAN BROTHERS LIMITED PARTNERSHIP AT RECEPTION NO. 2428989, BEING ALSO A PORTION OF THAT PARCEL DESCRIBED IN QUIT CLAIM DEED FROM L.O. LAUCK TO ELMER J. KAUFFMAN AT RECEPTION NO. 1558380, A 1/2 INTEREST OF WHICH IS DESCRIBED IN WARRANTY DEED FROM ELMER J. KAUFFMAN TO JULIUS A. PLUSS AT RECEPTION NO. 1990955, A 1/2 INTEREST OF WHICH IS ALSO DESCRIBED AS PARCEL II AT SAID RECEPTION NO. 2428989, ALL FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, SAID PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 17 AND THE SOUTH ONE- HALF OF SECTION 18, TOWNSHIP 2' NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 23027 1991, THENCE SOUTH 89°20'54" WEST (BASIS OF BEARINGS), ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 2659.90 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 18 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 27269 2002; THENCE SOUTH 89°20'57" WEST, CONTINUING ALONG SAID LINE, A DISTANCE OF 2291.44 FEET, MORE OR LESS, TO A POINT ON THE NORTHWEST LINE OF SAID PARCELS AND THE SOUTHEAST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 76 (FORMERLY I-80), SAID RIGHT OF WAY DESCRIBED IN DEED OF ACCESS RIGHTS TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO AND FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND Page 1 of 2 RECORDER AT RECEPTION NO. 1311521 (BOOK 1539 AT PAGE 224), FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 18 BEING A 2.5 INCH ALUMINUM CAP MARKED PLS 28656 BEARS SOUTH 89°20'57" WEST A DISTANCE OF 479.71 FEET; THENCE NORTH 43°31'32" EAST, ALONG THE NORTHWEST LINE OF SAID PARCELS AND THE SOUTHEAST RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY 76 (FORMERLY I-80), ALSO ALONG THE SOUTHEAST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 76 (FORMERLY 1-80) DESCRIBED IN SPECIAL WARRANTY DEED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO AND FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1313364 (BOOK 1541 AT PAGE 241), DISTANCE OF 3574.97 FEET, MORE OR LESS TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED FROM JULIUS A. PLUSS AND KAUFFMAN BROTHERS LIMITED PARTNERSHIP TO EXPEDITION WAFER SOLUTIONS COLORADO LLC, FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECF:Pl _ ION NO. 4267385; THENCE SOUTH 74°09'43" EAST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 4174.38 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID PARCEL, TO A POINT ON THE SOUTHEAST LINE OF SAID PARCELS (RECEPTION NO. 1545968, RECEPTION NO. 1582082 AND RECEPTION NO. 2428989) AND THE NORTHWEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 398; THENCE SOUTH 23°51'01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 110.90 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5529.65 FEET, AN ARC LENGTH OF 1049.52 FEET, A CENTRAL ANGLE OF 10°52'29", AND A CHORD BEARING AND DISTANCE OF SOUTH 29°17'16" WEST, 1047.95 FEET TO THE END OF SAID CURVE; THENCE SOUTH 34°4.3'30" WEST, CONTINUING ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF451.37 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SECTION 17; THENCE SOUTH 89°11'00" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 712.34 FEET TO THE POINT OF BEGINNING. CONTAINING 242.451 ACRES (10,561,168 SQUARE FEE].) OF LAND, MORE OR LESS. Page 2 of 2 ANNEXATION AGREEMENT (Standard Form) THIS AGREEMENT is made and entered into this day of , 20 by and between _ Rocky Mountain Midstream I .l it hereinafter referred to as "RM1\i" or "Owner," and the TOWN OF KEENESBURG, a municipal corporation of the State of Colorado, hereinafter referred to as "Keenesburg" or "Town." WITNESSETH: WHEREAS, the Owner desires to annex to Keenesburg the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as the "Property"); and WHEREAS, Owner has executed a petition to annex the Property, a copy of which petition is on file with the Town Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all applicable ordinances, resolutions, and other regulations of the Town of Keenesburg, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Keenesburg as contemplated in this Agreement, are directly related to and generated by development intended to occur within the Property and thai no taking iilei'c -> \\ cccuirequiring' anti compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained 1 i 16. Municipal Services. Keenesburg agrees to make available to the property -Property all of the usual municipal services in accordance with the ordinances and policies of the Town. 17. Water Dedication. a. Non -Tributary and Not Non -Tributary Water. For and in consideration of the provision of water service by the Town, Owner grants in perpetuity to the Town the sole and exclusive right to withdraw, appropriate and use, and hereby consents in perpetuity on behalf of themselves and any and all successors in title, pursuant to C.R.S. § 37-90-137(8) to the Town the right to withdraw the water described in the above statute. if the Toss n disconnects the Property from the Town. the -Town will release the rights granted under this Section 17. b. In -House Supply. Owner or his assigns shall provide such raw water or raw water rights as is reasonably required by the Town to supply residential, commercial, or industrial service at the time of final plat approval or at such other time as may be agreed upon or set forth in the subdivision improvements agreement. c. Irrigation. Owner may be required to transfer to the Town, an owners' association, or some other public or quasi -public entity sufficient raw water for irrigation of any public or quasi -public area within the Property as may be shown in any subdivision plat or other development plan. 18. Owners' Association. Upon the request of the Town, or if otherwise required by applicable state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least thirty (30) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 19. Development Impact Fees. Owner acknowledges that it is the Town's policy to require "growth to pay its own way" and Owner agrees to pay all development impact fees as set forth in the Town Fee Schedule, including impact fees as may be in effect at the time application is made for any building permit, so long as such fees are reasonably related to the development can the Property. Owner shall post such fee and expense deposits as may be required and agrees to reimburse the Town for all costs of this annexation and development of the Property, including, but not limited to, planning fees, inspection costs, engineering fees, attorney fees, publication costs, recording fees, and all other costs specifically attributable to annexation and development of the Property. Nothing in this agreement shall prevent the Town from requiring the payment of fees or impact fees at the time of final plat approval if such funds are necessary for construction of infrastructure related to the development of the Property, either by the Town or another entity, prior to issuance of building permits. The Town may withhold building permits, certificates of occupancy and other services if all such fees are not timely paid. The "I ow n may also 1 20. No Vested Rights. Neither annexation of the Property nor this agreement creates any vested rights. The fact that the Property has been annexed by the Town shall not create or form the basis of any claim by Owner of detrimental reliance or prevent the Town from modifying its development regulations or fees after execution of this agreement. Vested rights shall be acquired only by compliance with C.R.S. § 24-68-101 and approval by the Town of a site specific development plan for the Property. 21. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 22. Amendment. This Agreement may be amended by of both the Town and :Any Owner - without t c tons nt of and other Owner as long as such amendment affects only that Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property Properh subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 23. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 24. Indemnification. Owner agrees to indemnify and hold harmless the Town and- the Town's officers, employees, agents, and contractors Ll u ide n i i i i i iced T w n Parties"), from and against all liability, claims, and demands, including reasonably attorney fees and court costs, which arise out of or are in any manner connected with the annexation of the property Property, or with any other annexation or other action determined reasonabl≥ necessary or desirable by the Town in order to effectuate the annexation of the pwpertyProperty, or which are in any manner connected with Keenesburg's enforcement of this Agreement. Owner further agrees to investigate, handle, respond 5 Formatted: Justified to, and to provide defense for and defend against defense counse o t ie own -s cioice br. any suca iani ity. c -aims. or cemancs. Upon receipt by Town of actual notice of the commencement of any action. claim. suit. investigation or proceeding (collectively, an "Action') against Indemnified Town Party with respect to which indemnification is being sought under this agreement. such indemnified Town Party shall promptly notify Owner in writing: provided. however. that failure to so notit} Owner shall not relieve Owner from any liability which Owner may have on account of this Section 24. except to the extent Owner is materially prejudiced b' such failure. Owner shall be entitled to participate at its own expense in the defense of any Action brought to enforce any claim or liability of any Indemnified Town Party resulting from any such Action and. if Owner so elects following its acknowledgement of its obligation to indemnity such Indemnified Toxin Pam. Owner shall be entitled to assume the defense of such Action at Owner's expense. including the employment of counsel (in which case Owner shall not thereafter be responsible for the fees. costs and expenses of any separate counsel retained by an Indemnified Town Party): provided however. that such counsel shall be satisfactory to an Indemnified Town Party in the exercise of its reasonable judgment. In no event shall Owner be responsible hereunder for the fees and expenses of more than one counsel for all Indemnified Town Parties in connection with an Action in the same jurisdiction. In any Action the defense of which the Owner assumes. the Indemnified Town Party will have the right to participate in such litigation and to retain its own counsel at such Indemnified Town Party's own expense. 25. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 26. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 27. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 28. Failure to Annex. This Agreement shall be null and void if the Town fails to approve the annexation of the propertyPr opera 29. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon 6 transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Notice to Owner: Midstream LLC Attention: Lam Larsen Town of Keenesburg 140 S. Main Box 312 Keenesburg, CO 80643 Tulsa Oklahoma 74 172 Rocky Mountain One Williams Center 30. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. § 1131- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys. other existing easements_ ri fits-ot=i\ a) or other encumbrances, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 31. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the prupertY Property are subject to the legislative discretion of the Board of Trustees of the Town of Keenesburg. No assurances of annexation or zoning have been made or relied upon by Owner. If, in the proper exercise of its legislative discretion by the Board of Trustees or through the exercise of the powers of initiative or referendum, any action with respect to the put+Propertt herein contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 32. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 33. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 7 34. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 35. No Warranties by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. _ f . Agreemen against I le own. anc MOUNTAIN MIDSTREAM LLC entering into this Aerecrnent c OWNER 1e Owner ac now ecges anc By: : ROCKY By Name: Title: 8 STATE OF COLORADO COUNTY OF ACKNOWLEDGEMENT )ss The above and foregoing signature of was subscribed and sworn to before me this day of , Witness my hand and official seal. My commission expires on: (SEAL) 9 TOWN OF KEENESBURG By: Mayor ATTEST: Town Clerk 10 Hello