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Home My WebLink About20182520.tiffJuly 27, 2018 RECEIVED AUG 0 3 2018 WELD COUNTY COMMISSIONERS RIM ROCK ANNEXATIONS 1-3 ANNEXATION IMPACT REPORT Statement of Purpose This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes, is based on the Annexation Petition and Zoning submitted by the Applicants. It is being reviewed and evaluated by the Town Staff, and is scheduled for review by the Town of Pierce Planning Commission on August 13, 2018 at 7:30 PM and Board of Trustees on August 27, 2018 at 7:00 PM. Please contact Todd Hodges at (970) 215-4311 or Pat Larson at (970) 834-2851 with comments and/or questions regarding this report. Project Description The properties proposed for annexation consists of 647.6 +/- acres situated on the northwest side of Pierce directly northeast of the intersection of Weld County Road 90 and Weld County Road 29. The annexation includes portions of Weld County Road 90 and contiguous ROW thereby connecting Section 22 to the municipal boundary of Pierce. The annexation meets the 1/6th or 16.67% contiguity requirements set by State Statutes. Requested zoning for the property described herein as heavy industrial, light industrial and agricultural. The land is currently zoned agricultural in Weld County. The annexation and zoning map is attached along with the Vicinity Map. Pierce legal staff is working with the applicant for completion of an annexation agreement. The final annexation agreement can be made available upon request. The attached report, maps and tax district information address the impact report requirements as listed in C.R.S. 31-12-108.5 (1)(a) through (f). Attachments: 1. Rim Rock Impact Report 2. Annexation petition 3. Annexation maps 4. Conceptual plan Pu blot geA M AA) 144 Main Street, Pierce, Co et-•. so9g 9 2PLC MmtrP), WO c.t+nCmug M*t(! P) vw(Prcl1/ER) 2018-2520 5. Zoning map 6. Legal Description 7. Comprehensive Plan Land Use Map 8. Proposed comprehensive plan land use map amendment and zoning request 9. Water and Sewer map 10. Draft annexation agreement 144 Main Street, Pierce, Co 970.834.2851 Annexation Impact Report REP Annexation May 23, 2018 Prepared for: Town of Pierce 144 Main Avenue P.O. Box 57 Pierce, CO 80650 Table of Contents Page I. Project Description II. Municipal Services III. Special Districts IV. School District Impact V. Exhibits a. Existing Conditions Map and Proposed Land Use Map b. Proposed Zoning Map 2 2 2 3 3 Forward: This "annexation impact report" has been prepared pursuant to C.R.S. §31-12-108.5. Contained in Appendix "A" is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of one parcel totaling approximately 638.6 acres. The property is located north of Weld County Road 90 and east of Weld County Road 29, Section 21, Township 8 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The annexation includes the annexation of Weld County Road 90, from the east intersection with Weld County Road 29 to the Town Limits. Through the series of annexations, it satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by NWC Development, LLC, a Colorado Limited Liability Company, Rimrock Energy Partners, LLC, Member. The land is currently zoned (A) Agricultural, by Weld County. In conjunction with the proposed annexation, owner proposes a minor subdivision and special use permit involving the NW 1/4 of the parcel. A rezoning of the entire Section 21 is proposed in conjunction with these applications. The zoning for the NW 1/4 is proposed as 1-3 Heavy Industrial, a portion of the Southern half is proposed as I-1 Light Industrial and a portion of the East half, the portion of the property to the east of the 50' oil and gas easement is proposed as agricultural. Please see Appendix "B". Immediate development is only planned on the NW 1/4 at this time. Adjacent land uses include agriculture (dry land farming, ranching and CRP) and rural residences on large lots. II. Municipal Services: Municipal services for the REP Processing Annexation will be provided in the following manner: Electricity Electrical services are to be provided by Poudre Valley REA. Water North Weld County Water District will provide water service. Sanitary Sewer This property will utilize an onsite septic system as sanitary sewer is not available per state statute. Fire The site is currently served by Nunn Fire Protection District. Police Ault Police Department under contract with the Town of Pierce. Street Maint. Maintenance of roadways within the annexation will be provided by the Town after construction to Town specifications and acceptance by the Board of Trustees. 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 or anticipated future budget. III. Special Districts: The area to be annexed is included within the following special districts: AIMS Junior College District High Plains Library District North Weld County Water District Northern Colorado Water District Nunn Fire Protection District Weld RE9 School District West Greeley Soil Conservation District IV. School District Impact: It is anticipated that the annexation will bring a benefit to the Weld RE9 School District due to the increase in valuation and change of zone from agricultural. As no residential development is planned or anticipated, the annexation will not contribute any students to the school system. V. Exhibits: a. Existing Conditions Map and Proposed Land Use Map b. Proposed Zoning Map PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO The undersigned landowners of more than fifty percent (50%) of property proposed to be annexed, exclusive of streets and alleys, in accordance with Colorado law, hereby petition the Town of Pierce and its Board of Trustees for annexation to the Town of Pierce of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the REP Annexation to the Town of Pierce. As part of this petition, your petitioners 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 Pierce. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended , exist or have been meet in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Pierce within such time as required by Section 31- 12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Pierce. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Pierce. 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 area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, 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 preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed without the written consent of the landowner or landowners. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Pierce more than three miles in any direction from any point of the boundary of the Town of Pierce in any one year. j. The territory proposed to be annexed is 638.6 acres in total area. k. 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(l)(e), C.R.S., which generally describes the proposed location, character and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Pierce; and the proposed land uses for the area; such plan to be updated at least once annually. I. 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 Pierce but is not bounded on both sides by the Town of Pierce. m. If required, an impact report will be prepared and filed pursuant to Section 31-12- 108.5, C.R.S. 3. The owners of more than fifty percent 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 containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries ant eh plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Pierce 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. 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 Pierce, except for general property taxes of the Town of Pierce, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is I-1 Light Industrial, 1-3 Heavy Industrial and Agricultural. The petitioners agree that said annexed land shall be brought under the provisions of Title 16 of the Pierce Town 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 Pierce to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided as 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 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 petitioners herein and the Town of Pierce 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. No dedication or reservation of water rights shall be provided. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: Any and all agreements provided in the Pre -Annexation Agreement between the petitioners and the Town of Pierce. WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the Town of Pierce, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. A AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Pierce, Colorado, consisting of 6 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. ACKNOWLEDGMENT STATE OF O G1/10VnG ) ) ss COUNTY OF ( L I1 y- The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this I day of 1Y\a , 20 It , by Josh C. ju2Avi J My Commission Expires: al 1d) I t el SIGNATURE SHEET Signature of Landowner/Petitioner Date of Mailing Address Are you a registered Are you a nonresident Signing of landowner elector, resident landowner of the area landowner of the area proposed to be annexed? Proposed to be annexed? OS/! 8 j $ 595(, Da4.c c aas Nb Yes REP ANNEXATION NO. 1 LOCATED IN SECTION 27, TOWNSHIP 08 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO ANNEXATION 7AREA CR 90 C V CR88 VICINITY MAP NOT TO SCALE I norm ss Txsr HEWN FINE 'SUITE me oatas. IONS 75225 4,, N LEGEND 511M/DO MIMS my BF Miami ME DMIt. ADJACENT PROPERTY BOUNDARY SSEEMZEZMId ANNEXATION Ali. ® CONNOUOUN NOUN.. wlEMx11 onowN 4 RECOVERED SECTEN CORNER AS NOTED rsarts o,s mm.r., 1w'rvmmn�� 0 500 1000 SCALE. 0•5UO NOTES I...COKING TO MONACO LAW YOU MST NN..6 ANY LEGAL ACTION WED MONA. MYER.. THIS 661.1.1. NUNN TYREE YEARS AFTER YON MST MO.. 5.1 DUE. IN NO EVENT ION ANY ACTION 54.0 MONA. DEFECT Rh. SUILVDRE COMMEIKED NONE THAN 2 ANY PERSON .0 NHOLLINGLY RENO., 06TENE RM. NPR.. ON ACCESSING! COM. 046435 5661....NOR PUMA. TO STATE STANIE 464-5015 C.N.S. MOONICATONS. AFTER THE DATE OVINE MAL FIELD SLR., ROSIN. AND APPARENT EVIDENCE. MONTE MCLANE OE PANTIES IN NOSSERSON. EASEIEENTS CNC.. Of EASEMENT, ENO INSCREPANCIE8. CONFLICTION NOUNDANY LINES, SHIRT... IN AREA ANC ENCROACHMENTS ARE 5NOWN NE0.6011 TO TIE BEST OF OUR KIICNREDGE BELIEF. 5. ALL DISTANCES ARE WOUND ANO MEANURED 6.8.4...FEE, 6.EIAUS OE MESAS. RIECALIIIriLrICIP.EITIAIPEL0PLS MEW. TIE NORTNEAST CORN.. 11/40'.".1.4‘21. 7. TM FROPENTY N1THIN CONE R.. ANUS 0.1411..0.30 .1.266052SE 05123.620E. BO. WITH AN EFFECTIVE DATE OF JAN.. 20.705. THE ACCURACY. ANY FLOOD ...0.0 CALA SHOWN ON TIM Sulivee IS LIME. TOL. SCALE LINGER... ANC. A. ODER UNCERTAIN, IN LOCATION OR ELEVATION OHRE REFERENCED ROW INSURNICE .1E. LIONS. N ROUNDER? CONROUOVE WITH TOWN Of PONCE 9. TOTAL 606110.... TOTAL ACREAGE: MESATION /1ST/DO KM. AGRED TAX NV. WATER WA MR MUDD FIRE - 0- wx w, ne — m mnl raw s�/s rm. u --.2..'%,"1.11-\ A wirarut �'• S 3 30,1 �1 k x ;G'.�";;1 Vw""uoor �` �°' p8° N CBI I DO I e 4x` I �1 YF'j �'°'I �` I.wcT ,.. >amIinmPi°i°al Iwno II II II II -i,�ax'iW,. w n.rmum«r i ''‘,"!?,Z1,44 \ \ \ \ \ r STATEMENT OF OWNERSHIP AND DEDICATION LEGAL DESCRIPTION: IRE NORTH JO FEET . T. WEST HMG °FLOC NONT.Asiou.......11. 10.5.5 NORTH. RANGE. WEST Of THE.. PPINCIPAL MEN.. COL., OF WEIR STATE OE COLORADO. AS DESCRNEO IN BOOK. PAGE. IN NU NECON04 OF THE GLENN ANO RECORDER OE WELD TH6 NORM 30 FEET OF RE HOPTHWENT QUARTER OE SECTION LI. TOWNSHIPS NOW. RM. 55 1.0.03 Mae MIX DIE RECOROS OF TIE CLEM MD PECOS. MAUI...MOW:W.0. BY THU PLAUUVINGLAIO OCT NE. EASELIENTS IV 1105E PRES.. 6RENT TORE TOWN. KM EMMEN, MOM MO RIMED. WE DO NUMBS/WM MO SPAMS OF MD TO TM/ TOM1OF [MICE. MD COW, GCLOREGO. NOTARY PUBLIC: tINESS NANO MDSE.. A" Inv COMAISSION EXPIRES. NOTIMPUILLIC TOWN ENGINEER'S CERT/F/CA T/ON Aw OVF-0T.8_0,or - 2018.M. THE EM EER FORME TOWN 04PERMMOW,. TOWNS MAYORAL ACCEPTANCE APPROVECORIS_OVI - 2015. THE MAYOR. THE TOWN UPI...ROL...O. TOWN 5.1•01a TOWN CLERKS CERTIFICATE CM/ OF M TOVIIIOF PERM WELD COM/MOMS/ DENCRPTION OF UHELS ANNEXED TO RE TOWN Or PIERCE. NEWCOMER. 00-014.00. DROMME NO. . GEMMED COPY OF MOD S.M. FLED. MIMI ORDNANCE DECADE EFFECTIVE ON CM' CLOW SURVEYORS CERTIFICATEFIERM CM., THAT IMP OFLAND TO BE D'"V'CI REVISIONS U' S 3 C E o REP ANNEXATION NO. 1 OF 1 i ANNEXATION AREA CR80 CR 88 swsmss m. 4. TN.m [S ,v:iJ SA DOR DELELOMIEXT SOSS SHERRY S DALLAS. LANE ' x VICINITY MAP NOT TO SCALE WAWA E SxvAY wro REP ANNEXATION NO, 2 LOCATED IN SECTIONS 21, 22 & 28, TOWNSHIP 08 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LEGEND ADJACENT PROPERTY BOUNDARY liSMOSSZIENIME ANNEXATION.. zM CONTIGUOUS BOUNDunWEwsnND TOWN + RECOVERED SECTION CORNER AS NOTED ,i.°so°z x xI S 1Y SEC 11 Sffi.rbT YOLK SW ASAVENT PROPERTY PIN ER ® vo. eA. v. ,.Dxtmweanw 0 o ar, ,xMTAB0acjel °_,xT.xa p, xx.-,ry'vwx. nv IISITVACSI NOTES I. ACCORDING. TO COLON/. r YOU. MUST COMMENCE ArLEOAL ACTION DASED,...Tr4.1,1 DEFECTS, NW SURVEY WTI A THE v.,[ov THE tvma ATA=.xrZOxvut STATE STATUTE ,uotoS^fM2. ANY 74 WHO WOWING, REMODESA OILDEfACES ANA PlEUTC01.O4:Arrum 1 DATE OF ANAL FIELD SURVEY:NW I 0. 2018.L.W. SURVEY CO. AND THE SURVEYOR Of SECOND ADA NOT DESPONSIOLE FOR 1 HE LOCATION OF ANY IMPROVEMENTS PLACED. OH SHE MOOINCATIONS WIEN THE DATE. THE EMI_ FIELD SURVEY. A. ANO APPARENT EVIDENCE OF HISHTS OP CLAWS Of PARTIES., POSSESSION. EASEMENTS OR CLAWS OF EASEMENTS ADO APPARENT DISCREPANCIES. CONFLICTS IN SOUK:WILMS. SHORTAGES IN AREA AND ENCAGADHLIENTS ADE SHOWN HEREON TO THE AEST SALL DISTANCES ME WOUND/ND ME/SUWON U.S.SUDIVEY FEET. DEMANDS MEWLED ON T. NORTH WHEW THE NOR= OUNITEr WCTION 21. LAE WAAL WWI,' XTAIICE°47:00.81FEET BETWEEN A FOUNDS -IN, ',Ir., CV° STAMPED LS TN? AT TTIE NORM OUATITEILSECTION CORNED OF SNO SECTION SI AND A FOUND AIM' ALUMS.. G.A. STAMPED RS WA. AT THE TWSTMEAST COSNER OA SAP SECT,. DI. 7.TM PROPERTY LOCATED WAX AOnt X, AREAS Of LIMA. ROOD WAND, AS SHOAT,. THE FLCOO INSURANCE NATE MAP FON WELD COUNTY. COLOR/00,M MD HUMBER 08I =WY, AN008123COWDE DOTH VATH AN EITECTNE DATE OE JANUARY 2D. Wit. THE ACCURACY MANY ROOD HAMAD OATA SHOWN MINIS SURVEY IS SUBJECT TO MAP WALE UNCERTAINTY/AID TO ANY OTHER UNCERTAINTY IN LOCATION CAA ELEVAT. ON THE REFERENCED F1000 INSURANCE RATE MAPS. 8. SOUNDAW CONTIGUOUS WrTH TOWN OF PIERCE: AMEXATION • IA. I AI FEET TOT▪ AL ▪ ACREAGE: DWI ACRES TAX AUTHORITY NGH PLANS UMW/ MSC WATER X. WATER NUM FIRE r•11:;0"'=. ,mu .C.... xx. a ,� I ITI 2 .rr.ANDESxnm x,x n°�r.' .,.T.eoeee,e i..xE - I 11 :a. �Nw sy.. m 3 i8'I I l I �i STATEMENT OF OWNERSHIP AND DED/CAT/ON MOWN, YEN PRESENT,. LINW.WWNED. WM 1FE OWNERS N.M. Of THE FOLLOWING DESCRIBED TRACT. LEGAL DESCRIPTION• THE SOUTH DO FEET OF THE WEST HALF OF THE SOUNIV.AST QUARTER OF SECTION W. TOWNSHIP 8 NORTH. TIMM.. WEST OVINE SIXTH PRINCIPAL LIERIOLNI. COWAN Oi WELD. STATE OA COLORADO. nno THE SOU THE SOUTHWEST WARTED. SECTION 22. TOWNS,. ENOS, RANGE 88 ACP), MERIDIAN. COUNTY OF WELD, STATE OF COL.:MOLL THE SOUTH W FEET Of SECTION 21. TOWNSW °NORTH RANGE 88 MUM THE MTH NAACP& IADIATAAN, COUNTY Or WELD. STATE OA COLWADO. W THIS PLAT WAND LAID OUT ROAD EASEMENTS MOW THESE DILEMMA GRANT TO THE TOMOS PIERCE FOR DEIS 'MEW/T.4E RAMC THAT P.A.. AKIATS.OF.WRI IX. ODES ANO ACROSS THE ROM EASEMENTS SHOWN AND PLATTED. WE 00 HESE. ANNEX SAID TRACTS WWI° TO THE TOWN, PIERCE. WELD COMITY, COLOAL00. NOTARY PUBLIC: STATE. COLORADO, CCAMTVOS WELD or Aro wirxEss kW HMO MOSUL. KW COMMISSION EXPIRES NOTARY PUBLIC TOWN ENGINEERS CERTIFICATION APPROVED ITILS_DAY Of ASIA THE ENGINEER FOS THE TLIAN OF PIERCE. COLORADO. TOWN'S MAYORAL ACCEPTANCE APPROVED TNIS_DAY OF 2018, DV THE MAYOR OF THE TOWN CD PIERCE. COLORADO. TOWN MAYOR TOWN CLERK'S CERTIFICATE . CLERK OF THE TOWN OA MACE. WELD COMM COLORADO. HEAE8ymAyp,,ATT.,8prs...EA.Hopooup.AAs copy DV NE TOWN COANCIL OF THEM. OF IAEA.. WELD [LAMM COLCOADO, COMMAND THE DESCRIPTION OF LANDS ANNEKE0 TO THE TOWN Of MACE. WELD COUNT, COLORADO OY WHICH OPOINANCE BECAME EFFECTIVE. 20 CITY CLEM SURVEYORS CERT/F/CATECOMMA COLORADO WAS PREPARED .0Oi UV PENS.. SUPERVISION MO THAi PADUA' INACCURATE REPRESENTATION TO TIE BEST Of NV IWOASEDGE kW BELIEF 'RIMER CERTIFY MAT YORE nuxac-sorrn WPCS,. EXTERIOR SOUNDADV OA 11.E PROPOSED =TO BErNEXITO, ARE CONTIGUOUS TO THE PRESEXI %UMW( LINE Of THE MASAI,. REVISIONS z U' t� REP ANNEXATION NO. 2 U LLl CC C L. o� Z o ODADIMI 1 OF 1 CR80 CCi I'! 'i CR 88 VICINITY MAP NOT TO SCALE REP ANNEXATION NO. 3 LOCATED IN SECTION 21, TOWNSHIP 08 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LEGEND �ENw- SECTION LINE ADJACENT P r OP...000H... µ F iiii iiin CONTIGUOUSEOUNuwv W/ES.IING TOWN 4, RECOVERED SECTION CORNER AS NOTED ,urNrt/itir .. n ./arm u ww NOTES DEFECT IN THIS TWEE YEARS...MT FIRST MCORP SUCH CEFECT. NO SNOTTY. SW ASED UPON NIT DEFECT IN OAS SURVEY SE COMIAII.E0 MORE THAN ..FHON WT..THE CER,sIu]gx Sn0.HEREON PER SISTER... 1340.0:0101.0.13. DATE OF FP.FIELO SUR.. 10. 241.1-W.SURVET COMO THE SURVEYOR OF RECORD MG NOT RES... FOR THE LOCATION OF ANT IMPROVEMENTS P.M!. CO SITE SIODIFICATIONS AFTER THE EWE.. FIN. REM SURVEY. 1410 APPARENT EVIDENCE OF MOWS OR MAIMS OF PARTIES IN POSSESSION. EASEMENTS OR ON. OF ETOGMENTS. AND APPARENT DISCREPANCIES. CONFLICTS IN EgUZINI LPIE:Z0ZIES 1;1 PR. ANDENEROWYPIENTS ARE SHOWN HEREON TO THE NEST S. Ill DISTANCES•RE GROUND.. MEASURED IN U.S. SURVEY FEET. REARINITS MEW. ON TNE NORTH COE OF TIE NORTHEAST CANITER CS SECTIONS,. TOWNS. 11.11.H.RANOE PP WEST OF 'INES. SWOP. ASSNOWIMEREON.1•10 STAMPED ITS TOW AT THE NORM QUARTER-WM. CORNER OF MOSE.. 21 MOS FOUTIS NORTIGANT CORMIER OF WO SECTIONS. I. IMPROPER, ICIOATFO WITIONSONE AREAS OT 1.111. fL000 INSURANCE RATE MAP FOR WELD COW.. COLOR.O.F1RAI MAP NUMBER ACCURACY MAW FLOOD HAZARD OATS SHOWN ON T.S. SOWETO SUBJECT TOMAH SO. UNGERTAINO.NO TO ANT OTHER 11110ERTAPITY IN LOCATION OR ELEV.11011 ON REFERENCED FLOOD INSURANCE RATE WPC. O. BOUNDARY COIGINJOUS WITH TO. OF PGRCE: T. ACREAGE: WP€NTITION N t,.ROR.]EEEE] �SAX. AU. RAT.. TAOS T. .ITIORITI MIS JUNIOR COLLEGE 1.11011PLAINS LIBRARY WELD COUNTY GIGO w,&•�4 [4rM0 [dip a \ \ \ \ \ i \%.\ \ \\ 5\ \ \ M1 \ \ \ `11. DARREN. WOLTERSTORFF. .1 PROFESSION. 1.0 SURVEYOR Pi THE STK.. COLORADO DO \i \\ SURVEYORS CERT/F/GATE \ \ HEREBY CERTIFY THAT Of WM TO RE ANNEXED TO PIET°. OF PERM. WELD COUNT, C01.014.0.5 PIT.PARED UNDER.' PERSONAL SUPER.. ACCINOTS FEINTESENTATION TOP -1E BEST OF TO KNOVIT.00.1.LISIZT'''SN''' \ A - 1707.17117=LIT ARE REROEWE�OOONNI.OO[OR„�. OTC WEREN,RO NON,. R OFTHE ,OWNOF OF REPROPOSE° 9\ ` IS\\\ a RN, R,..[N H ,i i W ��°.i i II II II STATEMENT OF OWNERSN/P AND DEO/CAT/ON FOLLOWING MSC.. TRAM LEGAL DESCR/PT/ON' OF SCOOTING, TOWNSHIPS NORTH. RANG. 80 WEST OF THE SIXTH PRINCIF.1.-R11.11. COUNTY Of WELD. STATE OF COLORADO. EXCEPT THE SOUTH INFEST... SECTION.. RV THIS KAT HAVING LAID OUT RIM EASEMENTS.. RV THESE PRESENTS...TOG. TOWN OF PIERCE FOR MEP USE EV THE PURL. THAT PERPEO. RIGHTS-0FM. IN. OVER AND ACROSS THE ROAD .SENENTS PLATTED. .11011ERE. 1.1..0.10 GUM OE 1.01011. TOWN OF PIERCE WELD COMM 001-0.00. NOTARY PUBLIC - STATE THE FOREEIONIO INSTRUMENT WAS SOTHOWLEDOE0 BEFORE ME ON 0.0F ITTINESS NV NANO MO SE, 00.11SSION EXPIRES, NOTARY PURL. TOWN ENGINEER'S CERT/F/CAT/ON APPROVED 11118_0. OP -.COM or rnevAme. FoR THE MINI. PIERCE. COLORADO. TOWN'S MAYORAL ACCEPTANCE APPROVE° THIS_DAT OF ROO THE SAVOR OF THE TOWN OF PIERCE. COLORADO TOWN CLERKS CERT/F/CATS TISRZCERTISTOTATTNIS IN TRIG MT ...TECO% OF 'Of ANNESST1Or'''' .0 1 . CLERK OF G. TOWN FENCE WELD COUNTY \ \ \ II II II i \ \ , CITY TURK REVISIONS 8 u rc 0 S Eo REP ANNEXATION NO. 3 U Er � z o§ o 00.11,1114 1 OF 1 WCP 90 — sEcnoNr— olob I'I;I 0, I II II lou III II II I,� "P I I I' I' olob 0 150' appSCALE W. MS ' BO I g i a PIERCE GAS PROCESSING PLANT ¢ m o z o 0 co L, CIS z otfa a ma a• wcif C.> CC CD • C. PIyM Ns: 3[0.19551619]01 Coepud 9yA. Cawley: CFW FIG 1 P„M,noma„o x G CHANGE OF ZONE PIERCE GAS PROCESSING PLANT FOR: RIMROCK ENERGY PARTNERS NORTHWEST QUARTER SECTION 21, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 0I JI III XII (O -1I O)I jll II II I I II I II I It II EXISTING ZONING: A PROPOSED ZONING: 1-3 SEC. 21 - T8N - R66W ±638.6 ACRES EXISTING ZONING: A PROPOSED ZONING: I-1 WCR 90 (60' ROW) In EXISTING ZONING: A _ I PROPOSED ZONING: A I PIERCE GAS PROCESSING PLANT ZONING MAP When M.: 9A-lSll1Bte001 Cosigned BV: ABC Drawn By: CFM Checked By: FIG 1 Ber Meuieeei Inch REP ANNEXATION PLAT NO. 1 LEGAL DESCRIPTION THE NORTH 30 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AS DESCRIBED IN BOOK 83, PAGE 308 IN THE RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO. AND THE NORTH 30 FEET OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AS DESCRIBED IN BOOK 83, PAGE 308 IN THE RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO. BY THIS PLAT HAVING LAID OUT ROAD EASEMENTS AND BY THESE PRESENTS GRANT TO THE TOWN OF PIERCE FOR THEIR USE BY THE PUBLIC THAT PERPETUAL RIGHTS -OF -WAY IN, OVER AND ACROSS THE ROAD EASEMENTS SHOWN AND PLATTED. WE DO HEREBY ANNEX SAID TRACTS OF LAND TO THE TOWN OF PIERCE, WELD COUNTY, COLORADO. CONTAINING ±118,710.02 SQ.FT. OR ±2.73 ACRES, MORE OR LESS REP ANNEXATION PLAT NO. 2 LEGAL DESCRIPTION THE SOUTH 30 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. AND THE SOUTH 30 FEET OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. AND THE NORTH 30 FEET OF SECTION 28, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. AND THE SOUTH 30 FEET OF SECTION 21, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BY THIS PLAT HAVING LAID OUT ROAD EASEMENTS AND BY THESE PRESENTS GRANT TO THE TOWN OF PIERCE FOR THEIR USE BY THE PUBLIC THAT PERPETUAL RIGHTS -OF -WAY IN, OVER AND ACROSS THE ROAD EASEMENTS SHOWN AND PLATTED. WE DO HEREBY ANNEX SAID TRACTS OF LAND TO THE TOWN OF PIERCE, WELD COUNTY, COLORADO. CONTAINING ±433,329.18 SQ.FT. OR ±9.95 ACRES, MORE OR LESS. REP ANNEXATION PLAT NO. 3 LEGAL DESCRIPTION ALL OF SECTION 21, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, EXCEPT THE SOUTH 30 FEET OF SAID SECTION 21. BY THIS PLAT HAVING LAID OUT ROAD EASEMENTS AND BY THESE PRESENTS GRANT TO THE TOWN OF PIERCE FOR THEIR USE BY THE PUBLIC THAT PERPETUAL RIGHTS -OF -WAY IN, OVER AND ACROSS THE ROAD EASEMENTS SHOWN AND PLATTED. WE DO HEREBY ANNEX SAID TRACTS OF LAND TO THE TOWN OF PIERCE, WELD COUNTY, COLORADO. CONTAINING ±27,658,937.94 SQ.FT. OR ±634.96 ACRES, MORE OR LESS. V C O V' 0 LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC PARK MEDICAL /PUBLC O 0 o oto 0 .3s1,- Att*Illtt 1 REP Annexation to the Town of Pierce Proposed Zoning Statement The proposed zoning of the land to be annexed is illustrated in the Zoning Section of this Notebook. To fulfill the requirements of Section 15-1-20(c)8 of the Town Code, the following zone districts are proposed for this Annexation: • 1-3, Heavy Industrial • I-1, Light Industrial • A, Agricultural COMPREHENSIVE PLAN AMENDMENT PIERCE GAS PROCESSING PLANT FOR: REP SPECIAL USE PERMIT TO THE TOWN OF PIERCE NORTHWEST QUARTER SECTION 21. TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO. 0I I �I 0II XII -1I 0)I III II II II II II EXISTING ZONING: A PROPOSED ZONING: 1-3 SEC. 21 - T8N - R66W ±638.6 ACRES I I EXISTING ZONING: A PROPOSED ZONING: I-1 WCR 90 (60' ROW) EXISTING ZONING: A PROPOSED ZONING: A 0 iW 300' SCALE I'. KLY U PIERCE GAS PROCESSING PLANT z Jo_ a wZ Ww CL 0¢ U Drs.. 2061955161Bro1 Deelpried Dram 0Y CMdeE BY FIG 1 IMIMMINImill Bar Peas1AR l-- .. �,�sir .. +E� r■' slay { L'ti J�1 "C",. _ Z'D LLI cc 1 111 � �_ a �'il�'� o`' T' --E{i `i� eft ZW ■�� _ r Ii i h . 1 =MI -, ■ DESIGNED r� ITN : GMW I III II e = DRAWN GMW l eelnilt AR`\ CHECKED MCK Lr� III. . _ - • II 00 a. 0 a ••, , u. y _ OU d3 , O 0.'. F W En F W WIT, .: 0+4 OMIT .. r e W PROJECT NO. 96037 SCALE xM¢ vow: KA Df. 31, 2017 SHEETS 1 SHEET 1 REP PIERCE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this day of , 20, by and between REP Processing, LLC and NWC Development, LLC referred to jointly as the "OWNER" and as the "DEVELOPER" and the TOWN OF PIERCE, COLORADO, a statutory town of the County of Weld, State of Colorado, hereinafter referred to as "TOWN," collectively referenced to as the "PARTIES." WITNESSETH: WHEREAS, OWNER is the owner of a 638.6 acre parcel of land, more particularly described in Exhibit A attached hereto, which is currently located outside of the Town Limits of the TOWN; and WHEREAS, DEVELOPER and OWNER have filed a Petition for Annexation to the TOWN of the unincorporated lands described in Exhibit A; and WHEREAS, OWNER and DEVELOPER acknowledge the benefit of annexing the Property into the TOWN in order to pursue Industrial zoning of the property; and WHEREAS, OWNER and DEVELOPER have requested the ability to work with the TOWN, in good faith, to establish the necessary entitlements required to establish a land use that furthers the highest and best use of the Property (I-3 Heavy Industrial, I-1 Light Industrial and A Agriculture -Please see Exhibit A);and WHEREAS, due to the need to reach an agreement relating to the nature of the development of the Property, the applications submitted in connection with the annexation, zoning, subdivision and development of the Property, the Parties are desirous of setting forth certain agreed upon development understandings, issues and conditions in this Annexation Agreement applicable to the NW 1/4 as shown on Exhibit A,; and WHEREAS, the TOWN has determined that it is in the best interest of the residents of the TOWN that the Property be developed within the boundaries of TOWN and that the TOWN provide municipal services and receive revenues from development occurring on the Property, as provided for herein; and WHEREAS, the parties mutually agree that the annexation of the Property to the TOWN shall not create any additional cost or impose any additional burden on the existing residents of the TOWN to provide public facilities and services to the Property after annexation. NOW, THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, together with other good and sufficient consideration; Following recording return to: THE PARTIES AGREE AS FOLLOWS: SECTION I DEFINITIONS "OWNER" as used in this Agreement shall mean NWC Development, LLC, its successors, assigns, and designees. "Code" shall mean and refer to the Pierce Town Code, as amended. "Crossing" shall mean and refer to all bridges, culverts or other types of facilities or structures used to cross roadways, irrigation canals and laterals, drainage channels or storm drainage areas. For bridge construction, "crossing" will include that land and improvements between touchdown and touchdown. "DEVELOPER" shall mean REP Processing, LLC, doing business as Rimrock Energy Partners, its successors, assigns, and designees. "Fees" shall mean all of the fees lawfully assessed by the TOWN in effect at the time of building permit issuance, together with other applicable fees, including but not limited to: • Crossing Fee; • Drainage Fee; • School Land Dedication/Fee in Lieu; • Stormwater Impact Fee; • Traffic Impact Fee; "Property"/"Annexed Area" shall mean the +/- 638.6 acres parcel of land more particularly described in Exhibit A attached hereto and by this reference made a part hereof . "Public Works Standards and Specifications" shall mean the TOWN of Pierce Department of Public Works Standards and Specifications Manual dated , as the same may be amended from time to time. "Reimbursement Agreement" shall mean and refer to a written Agreement between OWNER and/or DEVELOPER and certain benefited landowners wherein either party shall be obligated to rebate or shall have rebated to the other party certain moneys advanced and expended by either party for over sizing water and sewer lines, streets, drainage, crossings, and other public improvements and facilities to be used by, or which are a benefit to, other developers or landowners. Rimrock Energy Partners Annexation Agreement Page 2 of 11 TOWN Board Hearing Date "Storm Drainage Improvements" shall mean any storm drainage technique or facility that retards or detains runoff, including but not limited to, detention ponds, retention ponds, channels or pipes. Definitions for any term used herein and not defined above shall be as stated in The Zoning Dictionary, 1996, as the same may be amended from time to time, by Lehman & Associates. SECTION II STREETS A. Interior roads within the Property will not be reserved or dedicated to the TOWN. Likewise, the TOWN will not be responsible for construction or maintenance of interior roads. OWNER or its successors shall be responsible for construction and maintenance of interior roads. B. OWNER and/or DEVELOPER shall participate in the costs of the improvements of perimeter streets according to the TOWN -wide policy in effect at the time of annexation. TOWN and OWNER and/or DEVELOPER will enter into a separate agreement to calculate the assessment of OWNER'S and/or DEVELOPER'S proportional share of any costs for off -site improvements, maintenance based upon a transportation narrative demonstrating the development's proportional traffic impacts. C. Existing aboveground utilities located within future rights -of -way will be considered public improvements required by the TOWN, and will be placed underground by the utility provider at no cost to OWNER if such language is provided in standard utility franchise agreements, or otherwise permitted by law. D. All streets on the exterior boundaries and all public and private streets within the Property shall be improved in conformance with TOWN's Public Works Standards and Specifications, in effect at the time of building permit issuance, based on proportionate share of operational traffic. Temporary construction traffic will not be considered in factoring the proportionate share. The TOWN acknowledges that it is responsible for improving County Road 90 to Weld County and TOWN standards. E. All lighting for site and facilities for the property shall conform to TOWN's Public Works Standards and Specifications, in effect at the time of building permit issuance, as outlined in the Special Use Permit Application for the NW/4 of the Property. For future development, such applications shall apply to Town Code as applicable. SECTION III WATER AND SEWER Rimrock Energy Partners Annexation Agreement Page 3 of 11 TOWN Board Hearing Date A. OWNER and DEVELOPER agree to contract for the provision of Water from North Weld County Water District. Water service from TOWN is not available at the time of this Agreement. OWNER and DEVELOPER shall not be required to connect to TOWN's water, stormwater or wastewater services or be responsible for fees related to such services. B. As of the date of this Agreement, public sanitary sewer is not available within 400 feet from the Property. As such, OWNER and DEVELOPER may construct or otherwise connect to a private sewage disposal system complying with the provisions and recommendations of the Colorado Department of Public Health and Environment, pursuant to Section 13-2-30 of the Code. C. OWNER and/or DEVELOPER shall pay all fees and charges related to the provision of water service. No dedication of water rights or provision of water service fees shall be required. D. There shall be no duty or obligation upon TOWN to furnish water and/or sanitary sewer facilities to the area sought to be annexed until such time as, in the sole discretion of TOWN, such services for water and/or sanitary sewer can be economically and reasonably installed, so as to provide services to 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. E. OWNER and DEVELOPER agree that the availability of water and/or sanitary sewer service anticipated by this Agreement is subject to any water and/or sewer tap allocation program, water management program, water conservation program or similar program of the TOWN, and is subject to any other general restriction of the TOWN, relating to the provision of water and/or sanitary sewer service. SECTION IV STORM DRAINAGE A. Storm drainage improvements shall be designed, constructed and installed by OWNER and/or DEVELOPER to maintain historic flows and in full conformity with the storm drainage regulations of the TOWN, State of Colorado, and in conformity with the TOWN's Storm Drainage Master Plan, and/or other related master plans for drainage as applicable at the time of development. B. OWNER and/or DEVELOPER shall provide a drainage plan at the time of final platting of all or any portion of the Property, to be approved by the TOWN. C. The storm drainage improvements shall be constructed concurrently with development of the annexed area and in a manner that will eliminate flooding and provide water quality in said Rimrock Energy Partners Annexation Agreement Page 4 of 11 TOWN Board Hearing Date developed area. The storm drainage shall be of sufficient width to pass drainage from all tributary areas in a developed state as may be required to maintain historic flows. Storm drainage easements shall, wherever possible, conform to street patterns. OWNER and DEVELOPER agree to pay to the TOWN appropriate Storm Drainage fees, as established by the TOWN, in the amount as set forth in the TOWN's Annual Fee Resolution in effect at the time of approval of this Agreement. SECTION V ZONING AND DESIGN A. OWNER agrees to develop the Property according to the Town of Pierce Zoning Ordinance, the Town of Pierce Subdivision Regulations and all other regulations and administrative policies of the TOWN and as reflected in the Special Use Permit Application. B. Final approval of the zoning of the Property by TOWN Council must occur before any land may be platted. However, annexation, zoning and subdivision applications for the Property have been submitted to be processed simultaneously by the TOWN. C. The TOWN has initiated certain code amendments to Chapter 16 and Chapter 17 of the Code with the intent to more closely harmonize the Code to the Weld County Land Use Code. It is anticipated that such amendments shall be completed prior to approval of OWNER's and/or DEVELOPER's application for Annexation contemplated herein. D. OWNER and DEVELOPER have requested that the Property be zoned I-3 for the NW 1/4 of the Section, I-1 for the southwestern portion of the property; and Agricultural for part of the eastern portion of the section, as described in Section 16-6-210 et. seq., of the Code. E. The TOWN agrees to waive all building permit fees above those which it pays directly to independent contractors who perform the building inspection services for the TOWN. F. Other fees charged by the TOWN shall be in accordance to the Fee Schedule in effect for the year 2018. The fees included in such schedule shall be in effect for the subject Property, ANNEXOR and DEVELOPER until amended no earlier than January 2, 2019. SECTION VII GENERAL PROVISIONS A. THIS AGREEMENT shall be recorded with the Clerk and Recorder in Weld County, Colorado, and shall run with the land, and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. Rimrock Energy Partners Annexation Agreement Page 5 of 11 TOWN Board Hearing Date B. Nothing contained in this AGREEMENT shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver or abnegation of TOWN'S legislative, governmental or police powers to promote and protect the health, safety or general welfare of the municipality or its inhabitants. C. No right or remedy of disconnection of the described Property from the TOWN shall accrue from this Agreement, other than that provided by Colorado Revised Statutes Section 31-12- 119, Section 31-12-501 or other applicable state law. In the event the Property or any portion thereof is disconnected at OWNER'S request, TOWN shall have no obligation to serve the disconnected Property and this Agreement shall be void and of no further force and effect as to such Property. In the event the Property or any portion thereof is disconnected at OWNER's request, TOWN shall have no further obligation to continue to serve the disconnected Property and this Agreement shall be void and of no further force and effect as to such Property. If no action has occurred with regard to obtaining and completing any single permit within four years of approval, in the event that the TOWN requests disconnection at or after such time, the OWNER and/or DEVELOPER will not object to the disconnection. D. It is understood and agreed to by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. E. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. F. OWNER and DEVELOPER shall develop the Property in full conformance with all TOWN ordinances and regulations, including, Chapter 16 (Zoning) and Chapter 17 (Subdivisions) of the Code as the same may be amended from time to time. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to place their hands and seals upon this Agreement the day and year first above written. NWC DEVELOPMENT LLC: Signature: By: Its: STATE OF COLORADO ) Rimrock Energy Partners Annexation Agreement Page 6 of 11 TOWN Board Hearing Date ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20, by WITNESS my hand and official seal. Notary Public My commission expires: REP PROCESSING LLC: Signature: By: Its: STATE OF TEXAS ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20, by WITNESS my hand and official seal. Notary Public My commission expires: TOWN OF PIERCE, COLORADO By: Nansi Crom, Mayor ATTEST: Rimrock Energy Partners Annexation Agreement Page 7 of 11 TOWN Board Hearing Date Pat Larson, Town Clerk Approved as to Form: Don Hoff, Town Attorney Rimrock Energy Partners Annexation Agreement Page 8 of 11 TOWN Board Hearing Date EXHIBIT 'A': Legal Description of Property EXHIBIT 'B': Consent of Developer to Annexation Agreement EXHIBIT 'F': Special Provisions Rimrock Energy Partners Annexation Agreement Page 9 of 11 TOWN Board Hearing Date EXHIBIT 'A' LEGAL DESCRIPTION Rimrock Energy Partners Annexation Agreement Page 10 of 11 TOWN Board Hearing Date EXHIBIT 'B' AGREEMENT OF DEVELOPERS TO BE BOUND BY ANNEXATION AGREEMENT AND , AS THE PURCHASERS UNDER CONTRACT WITH TO PURCHASE THE Property described herein, hereby acknowledge and agree that, upon purchase of the Property, they are and shall be subject to all of the provisions of this Annexation Agreement. Dated this day of , 20_ NWC DEVELOPMENT LLC: Signature: By: Its: REP PROCESSING LLC: Signature: By: Its: STATE OF TEXAS ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20, by WITNESS my hand and official seal. Notary Public My commission expires: Rimrock Energy Partners Annexation Agreement Page 11 of 11 TOWN Board Hearing Date RESOLUTION NO. 2018-4 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE INITIATING ANNEXATION PROCEEDINGS FOR PROPERTY OWNED BY NWC DEVELOPMENT, LLC, DESCRIBED AS SECTION 21, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY COLORADO, AND SETTING A DATE FOR A PUBLIC HEARING WHEREAS, the Town Clerk has received a petition for annexation to the Town of Pierce for property located at Section 21, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado; and WHEREAS, the portion of Weld County Road 29 between U.S. Highway 85 and Weld County Road 29 is also proposed to be annexed into the Town of Pierce. NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Town of Pierce, Colorado, FINDS as follows: 1. The annexation petition substantially complies with the requirements of Sections 31-12-104 and 31-12-105 of the Cobrado Revised Statutes. 2. The Board of Trustees, by this Resolution, establishes a date for a hearing on the petition for annexation, which hearing will determine if the proposed annexation complies with the provisions of Section 30 of Article II, of the Colorado Constitution and Sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes to determine eligibility for annexation. 3. The hearing date established by this Resolution shall be the 27th day of August, 2018, at 7:00 p.m. This Resolution is ordered published as required by law. PASSED, ADOPTED, and APPROVED this 9th day of July, 2018. TOWN OF PIERCE BY: AO/ &r. wl MAYOR NOTICE OF PUBLIC HEARING ON AN ANNEXATION PETITION AND DEVELOPMENT OF PROPERTY NOTICE is hereby given that on the 27th day of August, 2018, at 7:00 p.m. at the Pierce Town Hall located at 144 Main Avenue, Pierce, Colorado 80650, the Board of Trustees of the Town of Pierce will hold a public hearing on a request to amend the Town of Pierce Comprehensive Plan (future land use plan) of the Town of Pierce. Notice is further given that at the same hearing on August 27, 2018, at 7:00 p.m. the Board of Trustees will conduct a public hearing on a petition for annexation of territory known as the REP Annexation Number 1, Number 2 and Number 3. The property proposed to be annexed is described as Weld County Road 90 between U.S. Highway 85 and Weld County Road 29 and Section 21, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado. The Resolution establishing the date of hearing accompanies this Notice. Notice is further given that at the same hearing on August 27, 2018, at 7:00 p.m. the Board of Trustees will consider establishing zoning for the property. The petitioner has requested that the Northwest Quarter and a portion of the East Half of Section 21 be zoned I-3 Heavy Industrial, and that the Southwest Quarter and a portion of the East Half of Section 21 be zoned I-1 Light Industrial and that the balance of the property, being the east 450 feet of Section 21, be zoned A agricultural. Notice is further given that at the same hearing on August 27, 2018, at 7:00 p.m. the Board of Trustees will consider an application for a minor subdivision of the property described as Section 21, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, and that such application request that the parcel be divided into three separate parcels as set forth in the Minor Subdivision Plat, which is available for public inspection at the Pierce Town Hall during normal business hours. Notice is further given that at the same hearing on August 27, 2018, at 7:00 p.m. the Board of Trustees will conduct a hearing regarding the adoption of an Ordinance amending Chapter 16, Zoning, Article 6, Industrial Districts, of the Pierce Municipal Code by the addition of Division 4, I-3, Heavy Industrial District, and establishing special uses and definitions for such District. Notice is further given that at the same hearing on August 27, 2018, at 7:00 p.m. the Board of Trustees will conduct a hearing on an application for Use by Special Review to construct an oil and gas service and support facility, an electrical switch station east of Weld County Road 29 and approximately one-half mile north of Weld County Road 90 in the Northwest Quarter of Section 21, T8N, R66W, 6th P.M., to provide power to a cryogenic gas processing facility for processing natural gas products to be located in the Northwest Quarter, Section 21, T8N, R66W, 6th P.M. 1 Notice is further given that a public hearing will be conducted by the Planning Commission of the Town of Pierce on the 13th day of August, 2018, at 7:30 p.m. The Planning Commission will consider an application for a minor subdivision of property described as Section 21, Township 8 North, Range 66 West, of the 6th P.M., Weld County, Colorado, and the applicant's request that the parcel be divided into three separate parcels as set forth in the proposed minor subdivision plat, which is available for public inspection at the Pierce Town Hall during normal business hours. The Planning Commission will also at the same date and time conduct a public hearing on a Use by Special Review to construct an oil and gas service support facility and an electric switch station east of Weld County Road 29 and approximately one-half mile north of County Road 90 in the Northwest Quarter of Section 21, T8N, R66W of the 6th P.M., to provide power to a cryogenic gas processing facility for processing natural gas products, which facility will be located in the Northwest Quarter of Section 21, T8N, R66W, 6th P.M. If you are interested in commenting on these issues, you should appear and give testimony or comments at both the Planning Commission hearing and the Board of Trustees hearing. All materials related to this combined notice may be inspected at the Pierce Town Hall located at 144 Main Avenue, Pierce, Colorado 80650, during normal business hours. Dated July 9, 2018. 2 TOWN CAS PAT LAR ''PORA0 Hello