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HomeMy WebLinkAbout20171151.tiffI4N;C Town Of April 21, 2017 RE: Hunters Crossing Annexation, Zoning and Concept Plan To Whom It May Concern: RECEIVED APR 2 4 2017 WELD COUNTY COMMISSIONERS Per C.R.S. 31-12-108(2), the purpose of this letter is to provide a copy of the published notice, together with a copy of the resolution, and petition for annexation, as filed, to the Board of County Commissioners, the County Attorney, and any Special Districts within the proposed area to be annexed. Within this packet you will find the following items: • Petition for Annexation • Resolution Finding Petition for Annexation to be in Substantial Compliance • Public Notice Published in the Greeley Tribune • Annexation Maps • Vicinity Map If you have any questions, you may either contact Nicholas J. Wharton, Assistant Town Administrator, at (970) 686-1218 or by email at nwharton@townofseverance.org, or Mitch Nelson at mnelson@townofseverance.org. Cordially, TOWN OF SEVERANCE Betty Mauch Title: Town Clerk POtL'C' RQAI'tee() 3 S. Timber Ridge Parkway, Severance, Co 970.686.1218 CC, SOCIAS�, PLCmtfl l TI'S, pwC JL/£P), Mo1/4p5, Cr=5 Lcvm) , C4nLmcoo) to Scifral 2017-1151 fr s TOWN OF SEVERANCE RESOLUTION NO. 2017-08R A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED BY HUNTERS CROSSING TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES 31-12-107 AND SETTING A HEARING PURSUANT TO COLORADO REVISED STATUTE 31-12-108 WHEREAS a written petition was filed with the Town Clerk requesting the annexation of certain property to be known as Hunters Crossing; and WHEREAS the Board of Trustees for the Town of Severance desires to initiate annexation proceedings in accordance with law; IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Severance Colorado, this 17th day of April, 2017, as follows: 1. That the Board hereby accepts the annexation petition for Hunters Crossing, more particularly described in Exhibit A. 2. That the Board hereby finds and determines that the annexation petition and accompanying map contains all allegations required for such a petition under the Municipal Annexation Act of 1965, which is referred to herein as the "Act", and that if such allegations are determined to be well founded, such property would be eligible for annexation to the Town of Severance. 3. That the Notice attached as Exhibit B be adopted as a part of this Resolution. Said Notice establishes the date, time, and place when a public hearing will be held to determine if the proposed annexation complies with Section 30 of article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes or such provisions thereof as may be required to establish eligibility under the terms of the Act. The Town Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Act. DULY PASSED by the Board of Trustees this 17th day of April, 2017. TOWN OF SEVERANCE Donald R. Brookshire, Mayor ATTEST: Betty Mauch, Town Clerk EXHIBIT A Preliminary Legal Description of Annexation 1 That part of Section 3, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being a part of that parcel described by Special Warranty Deed recorded December 4, 2015 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 4162893, the resulting perimeter of which is described as follows: COMMENCING at the Northeast Corner of said Section 3 monumented with an 2 1/2" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374; Thence South 00°21'18" East for 30.00 feet on the East Line of the Northeast Quarter of said Section 3; Thence South 89°16'11" West for 30.00 feet parallel with and 30.00 feet south of the North Line of the Northeast Quarter of said Section 3; Thence South 00°21'18" East for 346.81 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of Summit View Fourth Annexation recorded April 7, 2000 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2760548 to a point on the Northerly Line of that parcel described by Warranty Deed recorded on November 25, 1981 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 1875548; Thence on the Northerly, West and South lines of said parcel the following three (3) courses: Thence South 47°38'36" West for 409.60 feet; Thence South 00°10'18" West for 543.18 feet; Thence South 86°51'54" East for 309.95 feet; Thence South 00°21'18" East for 1,349.41 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of said Summit View Fourth Annexation and the West line of Mikelson Annexation recorded June 22, 2001 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2859664 to the North Line of that parcel recorded by Quit Claim Deed on May 3, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3384743; Thence South 86°10'50" West for 1971.00 feet on the North Line of that parcel recorded at said Reception Number 3384743 and the North Line of that parcel recorded by Grant Deed on May 18, 1992 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 2288346 to the Southeast Corner of that parcel recorded by Joint Tenancy Warranty Deed on February 3, 1999 at the Weld County, Colorado Clerk and Recorders office as Reception Number 2671203; Thence North 14°25'02" West for 261.82 feet (260.97 feet per Reception Number 4249056) on the east line of said parcel recorded at Reception Number 2671203 to the Northeast Corner thereof; Thence North 89°51'18" West for 1,228.85 feet (1,228.87 feet per Reception Number 4249056) on the North Line of said parcel recorded at Reception Number 2671203 to a point on the East Line of that parcel recorded by Special Warranty Deed on December 4, 2015 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4162893 and the Point of Beginning; Thence on the East and South lines of said parcel the following three (3) courses: Thence South 01°06'36" East for 211.03 feet on said East line to the South line of the Northwest Quarter of said Section 3; Thence continuing South 01°06'36" East for 84.99 feet (84.83 feet per Reception Number 4162893) on said East line to the Southeast corner thereof; Thence North 89°48'45" West for 1,917.46 feet; Thence North 01°06'27" West for 64.41 feet parallel with and 30.00 feet east of the West line of the Southwest Quarter of said Section 3 to the South line of the Northwest Quarter of said Section 3; Thence North 01°06'35" West for 1,203.03 feet parallel with and 30.00 feet east of the West line of the Northwest Quarter of said Section 3 to the East Line that parcel recorded by Agreement on October 6, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3425640 and by Deed of Dedication on October 27, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3430471 and the North line of that parcel recorded by Special Warranty Deed on December 4, 2015 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4162893; Thence on the Northerly and East lines of that parcel per Reception Number 4162893 the following eight courses; Thence South 74°12'44" East for 689.84 feet (690.96 feet per Reception Number4249056); Thence North 52°04'42" East for 492.99 feet (493.29 feet per Reception Number 4249056); Thence North 58°54'04" East for 213.27 feet (213.37 feet per Reception Number 4249056); Thence North 67° 19'29" East for 134.09 feet (134.15 feet per Reception Number 4249056); Thence North 75°29'25" East for 184.32 feet (184.26 feet per Reception Number 4249056); Thence North 87°26'36" East for 184.32 feet (184.71 feet per Reception Number 4249056); Thence South 84°40'29" East for 190.51 feet (189.15 feet per Reception Number 4249056); Thence South 01°06'21" East for 1,291.62 feet (1,291.56 feet per Reception Number 4249056) to the Point ofBeginning. Contains: 59.6315 Acres more or less. Basis of Bearing: The North Line of the Northeast Quarter bears North 89°16'11" East between the Northwest Corner of the Northeast Quarter of said Section 3 monumented with t a Number 6 rebar in Range Box and the Northeast Corner Corner of said Section 3 monumented with a 21/2" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374 with all other bearings referenced thereto. This description was completed for the purpose of describing an annexation boundary and should not be used for the conveyance of real property or any rights therein. This is not intended to represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is based upon my knowledge, information and belief. It was completed by me or under my direct supervision using applicable standards of care and is not a guaranty or warranty, either expressed or implied. April 17, 2017 For and on Behalf of Farnsworth Group, Inc. David J. Berglund Colorado PLS 38199 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 (970) 484-7477 Preliminary Legal Description of Annexation 2 That part of Section 3, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being a part of that parcel described by Special Warranty Deed recorded October 28, 2016 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 4249056 and a part of Weld County Roads 19 and 74 adjacent thereto, the resulting perimeter of which is described as follows: COMMENCING at the Northeast Corner of said Section 3 monumented with an 2 1/2" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374; Thence South 00°21'18" East for 30.00 feet on the East Line of the Northeast Quarter of said Section 3; Thence South 89°16'11" West for 30.00 feet parallel with and 30.00 feet south of the North Line of the Northeast Quarter of said Section 3 to the POINT OF BEGINNING; Thence South 00°21'18" East for 346.81 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of Summit View Fourth Annexation recorded April 7, 2000 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2760548 to a point on the Northerly Line of that parcel described by Warranty Deed recorded on November 25, 1981 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 1875548; Thence on the Northerly, West and South lines of said parcel the following three (3) courses: Thence South 47°38'36" West for 409.60 feet; Thence South 00°10'18" West for 543.18 feet; Thence South 86°51'54" East for 309.95 feet; Thence South 00°21'18" East for 1,349.41 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of said Summit View Fourth Annexation and the West line of Mikelson Annexation recorded June 22, 2001 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2859664 to the North Line of that parcel recorded by Quit Claim Deed on May 3, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3384743; Thence South 86°10' 50" West for 1,971.00 feet on the North Line of that parcel recorded at said Reception Number 3384743 and the North Line of that parcel recorded by Grant Deed on May 18, 1992 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 2288346 to the Southeast Corner of that parcel recorded by Joint Tenancy Warranty Deed on February 3, 1999 at the Weld County, Colorado Clerk and Recorders office as Reception Number 2671203; Thence North 14°25'02" West for 261.82 feet (260.97 feet per Reception Number 4249056) on the east line of said parcel recorded at Reception Number 2671203 to the Northeast Corner thereof; Thence North 89°51'18" West for 1,228.85 feet (1,228.87 feet per Reception Number 4249056) on the North Line of said parcel recorded at Reception Number 2671203 to a point on the East Line of that parcel recorded by Special Warranty Deed on December 4, 2015 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4162893; Thence on the East and Northerly Lines of said parcel the following eight (8) courses: Thence North 01°06'21" West for 1,291.62 feet (1,291.56 feet per Reception Number 4249056); Thence North 84°40'29" West for 190.51 feet (189.15 feet per Reception Number 4249056); Thence South 87°26'36" West for 184.32 feet (184.71 feet per Reception Number 4249056); Thence South 75°29'25" West for 184.32 feet (184.26 feet per Reception Number 4249056); Thence South 67° 19'29" West for 134.09 feet (134.15 feet per Reception Number 4249056); Thence South 58°54'04" West for 213.27 feet (213.37 feet per Reception Number 4249056); Thence South 52°04'42" West for 492.99 feet (493.29 feet per Reception Number 4249056); Thence North 74°12'44" West for 689.84 feet (690.96 feet per Reception Number 4249056) to the East Line that parcel recorded by Agreement on October 6, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3425640 and by Deed of Dedication on October 27, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3430471; Thence North 01°06'35" West for 698.76 feet parallel with and 30.00 feet east of the West line of the Northwest Quarter of said Section 3 to the North line of Weld County Road 74 as referenced from unrecorded right of way plans completed by Farnsworth Group, Inc. (W.C.R. 74 AT W.C.R. 19); Thence on the North line of said Weld County Road 74 the following eight (8) courses: Thence North 88°53'07" East for 60.27 feet; Thence North 84°20'45" East for 114.39 feet; Thence Easterly through a central angle of 05°26'00" on the arc of a 570.00 foot radius curve to the left, concave northerly for 54.05 feet, said curve having a chord bearing North 82°34'40" East for 54.03 feet; Thence North 79°51'33" East for 259.16 feet; Thence Easterly through a central angle of 00° 17'29" on the arc of a 2,195.00 foot radius curve to the left, concave northerly for 11.16 feet, said curve having a chord bearing North 79°43'38" East for 11.16 feet; Thence Easterly through a central angle of 02°09'38" on the arc of a 1,13 0.00 foot radius curve to the left, concave northerly for 42.61 feet, said curve having a chord bearing North 69°27'35" East for 42.61 feet; Thence North 68°22'49" East for 1,588.56 feet; Thence Easterly through a central angle of 02°03'56" on the arc of a 1,870.00 foot radius curve to the right, concave southerly for 67.42 feet, said curve having a chord bearing North 69°24'46" East for 67.41 feet to the south line of Severance Shores Annexation recorded July 24, 2015 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 4127585; Thence North 89°16'27" East for 517.33 feet parallel with and 30.00 feet south of the North line of the Northwest Quarter of said Section 3 on the South line of said Severance Shores Annexation; Thence North 89°16'11" East for 703.63 feet parallel with and 30.00 feet south of the North line of the Northeast Quarter of said Section 3 on the South line of said Severance Shores Annexation to a point on the South line of said Weld County Road 74; Thence South 00°43'55" East for 39.92 feet (40.00 feet per Reception Number 3430471) on said South line; Thence South 89°15'50" West for 86.01 feet to a point on the north line of that parcel described by Special Warranty Deed recorded October 28, 2016 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4249056; Thence South 00°43'49" East for 585.75 feet (585.70 feet per Reception Number 4249056) on saidNorth line; Thence North 89°16'11" East for 341.32 feet (341.35 feet per Reception Number 4249056) on said North line; Thence North 00°44'00" West for 625.68 feet on said north line to the South line of said Severance Shores Annexation; Thence North 89°16'11" East for 1,645.19 feet parallel with and 30.00 feet south of the North Line of the Northeast Quarter of Said Section 3 on the South line of said Severance Shores Annexation and on the South line of Francis Felte Fourth Annexation recorded January 31, 2001 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2822532 and to the Point of Beginning. Contains: 217.1102 Acres more or less. Basis of Bearing: The North Line of the Northeast Quarter bears North 89°16'11" East between the Northwest Corner of the Northeast Quarter of said Section 3 monumented with a Number 6 rebar in Range Box and the Northeast Corner Corner of said Section 3 monumented with a 2 1/2" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374 with all other bearings referenced thereto. This description was completed for the purpose of describing an annexation boundary and should not be used for the conveyance of real property or any rights therein . This is not intended to represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is based upon my knowledge, information and belief It was completed by me or under my direct supervision using applicable standards of care and is not a guaranty or warranty, either expressed or implied. April 17, 2017 For and on Behalf of Farnsworth Group, Inc. David J. Berglund Colorado PLS 38199 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 (970) 484-7477 EXHIBIT B TOWN OF SEVERANCE, COLORADO NOTICE OF PUBLIC HEARINGS FOR A PROJECT Hunters Crossing Annexation & Zoning NOTICE IS HEREBY GIVEN that the Public Hearing required by C.R.S. §31-12-108 before the Severance Board of Trustees on June 5, 2017 at the following time and place: 6:00 P.M. Severance Administration Building 3 S. Timber Ridge Parkway Severance, Colorado In Addition, a Public Hearing shall be held before the Severance Planning Commission, pursuant to local Ordinance at the following time and place: May 17, 2017, at 6:00 P.M. Severance Administration Building 3 S. Timber Ridge Parkway Severance, Colorado Each hearing shall be for the purpose of taking applicant testimony and public comment on both the proposed annexation and zoning to sub -urban Perimeter regarding the property described in Exhibit A, and for determining the eligibility of such property for annexation to the Town and the advisability of such an annexation, all as governed by Colorado statutes and the Severance Land Use Code. GIVEN AND POSTED this 1St day of May, 2017 PETITION FOR ANNEXATION HUNTERS CROSSING TO THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO: The undersigned (the "Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statues, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petition ("Petition") the Board of Trustees of the Town of Severance, Colorado ("Town Board"), to annex to the Town of Severance ("Town") the unincorporated territory located in the County of Weld, State of Colorado, Which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Propel iy; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3)miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or b. comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by Petitioner is set forth on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that the signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: a. A written legal description of the boundaries of the Property; b. A map showing the boundary of the Property; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and d. Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, Petitioner requests that the Town: a. Institute zoning and subdivision approval processes for the Property in accordance with Section -115 of the Annexation Act and Chapter 16 of the Municipal Code of the Town; and b. Approve and execute an annexation and development agreement ("Annexation and Development Agreement") which establishes vested property rights for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, and otherwise establishes the development plan for the Property. 18. Petitioner has filed this Petition subject to the following conditions: a. Concurrently with its approval of annexation of the Property, the Town Board: (i) approves for those portions of the Property which are not public right-of-way, zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioner submits in connection with this Petition; and (ii) approves and authorizes execution of the Annexation and Development Agreement. b. Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to the later to occur of: (i) forty (40) days after the latest effective date of the final ordinance(s) approving annexation of the Property, the Annexation and Development Agreement, or zoning of the Property as requested pursuant to this Petition; or (ii) any later date contemplated in such Annexation and Development Agreement. c. Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. It is expressly understood that the term Petitioner, as used in this Petition, means the then current owner of the Property and specifically, all applicable rights of Petitioner set forth in this Section 17 shall only be available to the then current owner of the Property as applicable. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional to 1 ms and conditions within the meaning of Section -107 (1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. c,AY THEREFORE, Petitioner requests that the Board of the Town of Severance, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this /2day of mot_ 2017 p � Signature of Landowner/Petitioner: HUNTERS CROSSING INVESTMENTS, LLC Name: Title: i7f a re ..taattj 4.7 Signature: Date: 'Viz/ 7 Mailing Address: 7251 W. 20th Street, Building L, Suite 200 Greeley, CO 80634 Resident of the Property? STATE OF COLORADO COUNTY OF NO SS. The foregoing instrument was acknowledged before this -L day of (2tLL ,e2,O11, 1 , by an Authorized Agent as Manager of HUNTERS CROSSING INVESTMENTS, LLC, a Colorado Limited Liability Company. Witness my hand and official seal Expires: t1frZO Notary Public Commission LAIRA L ZIEGLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID St 19964000495 MY COMMISSION EXPIRES JANUARY 21, 2020 Exhibit A TO PETITION FOR ANNEXATION Preliminary Legal Description of Property That part of Section 3, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being a part of that parcel described by Special Warranty Deed recorded October 28, 2016 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 4249056 and a part of Weld County Roads 19 and 74 adjacent thereto, the resulting perimeter of which is described as follows: COMMENCING at the Northeast Corner of said Section 3 monumented with an 2 %2" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374; Thence South 00°21'18" East for 30.00 feet on the East Line of the Northeast Quarter of said Section 3; Thence South 89°16'11" West for 30.00 feet parallel with and 30.00 feet south of the North Line of the Northeast Quarter of said Section 3 to the POINT OF BEGINNING; Thence South 00°21'18" East for 346.81 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of Summit View Fourth Annexation recorded April 7, 2000 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2760548 to a point on the Northerly Line of that parcel described by Warranty Deed recorded on November 25, 1981 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 1875548; Thence on the Northerly, West and South lines of said parcel the following three (3) courses: 1) Thence South 47°38'36" West for 409.60 feet; 2) Thence South 00°10'18" West for 543.18 feet; 3) Thence South 86°51'54" East for 309.95 feet; Thence South 00°21'18" East for 1,349.41 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of said Summit View Fourth Annexation and the West line of Mikelson Annexation recorded June 22, 2001 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2859664 to the North Line of that parcel recorded by Quit Claim Deed on May 3, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3384743; Thence South 86°10'50" West for 1,971.00 feet on the North Line of that parcel recorded at said Reception Number 3384743 and the North Line of that parcel recorded by Grant Deed on May 18, 1992 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 2288346 to the Southeast Corner of that parcel recorded by Joint Tenancy Warranty Deed on February 3, 1999 at the Weld County, Colorado Clerk and Recorders office as Reception Number 2671203; Thence North 14°25'02" West for 261.82 feet (260.97 feet per Reception Number 4249056) on the east line of said parcel recorded at Reception Number 2671203 to the Northeast Corner thereof; • Thence North 89°51'18" West for 1,228.85 feet (1,228.87 feet per Reception Number 4249056) on the North Line of said parcel recorded at Reception Number 2671203 to a point on the East Line of that parcel recorded by Special Warranty Deed on December 4, 2015 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4162893; Thence on the East and Northerly Lines of said parcel the following eight (8) courses: 1) Thence North 01°06'21" West for 1,291.62 feet (1,291.56 feet per Reception Number 4249056); 2) Thence North 84°40'29" West for 190.51 feet (189.15 feet per Reception Number 4249056); 3) Thence South 87°26'36" West for 184.32 feet (184.71 feet per Reception Number 4249056); 4) Thence South 75°29'25" West for 184.32 feet (184.26 feet per Reception Number 4249056); 5) Thence South 67°19'29" West for 134.09 feet (134.15 feet per Reception Number 4249056); 6) Thence South 58°54'04" West for 213.27 feet (213.37 feet per Reception Number 4249056); 7) Thence South 52°04'42" West for 492.99 feet (493.29 feet per Reception Number 4249056); 8) Thence North 74°12'44" West for 689.84 feet (690.96 feet per Reception Number 4249056) to the East Line that parcel recorded by Agreement on October 6, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3425640 and by Deed of Dedication on October 27, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3430471; Thence North 01°06'35" West for 698.76 feet parallel with and 30.00 feet east of the West line of the Northwest Quarter of said Section 3 to the North line of Weld County Road 74 as referenced from unrecorded right of way plans completed by Farnsworth Group, Inc. (W.C.R. 74 AT W.C.R. 19); Thence on the North line of said Weld County Road 74 the following eight (8) courses: 1) Thence North 88°53'07" East for 60.27 feet; 2) Thence North 84°20'45" East for 114.39 feet; 3) Thence Easterly through a central angle of 05°26'00" on the arc of a 570.00 foot radius curve to the left, concave northerly for 54.05 feet, said curve having a chord bearing North 82°34'40" East for 54.03 feet; 4) Thence North 79°51'33" East for 259.16 feet; 5) Thence Easterly through a central angle of 00°17'29" on the arc of a 2,195.00 foot radius curve to the left, concave northerly for 11.16 feet, said curve having a chord bearing North 79°43'38" East for 11.16 feet; 6) Thence Easterly through a central angle of 02°09'38" on the arc of a 1,130.00 foot radius curve to the left, concave northerly for 42.61 feet, said curve having a chord bearing North 69°27'35" East for 42.61 feet; 7) Thence North 68°22'49" East for 1,588.56 feet; 8) Thence Easterly through a central angle of 02°03'56" on the arc of a 1,870.00 foot radius curve to the right, concave southerly for 67.42 feet, said curve having a chord bearing North 69°24'46" East for 67.41 feet to the south line of Severance Shores Annexation recorded July 24, 2015 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 4127585; w Thence North 89°16'27" East for 517.33 feet parallel with and 30.00 feet south of the North line of the Northwest Quarter of said Section 3 on the South line of said Severance Shores Annexation; Thence North 89°16'11" East for 703.63 feet parallel with and 30.00 feet south of the North line of the Northeast Quarter of said Section 3 on the South line of said Severance Shores Annexation to a point on the South line of said Weld County Road 74; Thence South 00°43'55" East for 39.92 feet (40.00 feet per Reception Number 3430471) on said South line; Thence South 89°15'50" West for 86.01 feet to a point on the north line of that parcel described by Special Warranty Deed recorded October 28, 2016 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4249056; Thence South 00°43'49" East for 585.75 feet (585.70 feet per Reception Number 4249056) on said North line; Thence North 89°16'11" East for 341.32 feet (341.35 feet per Reception Number 4249056) on said North line; Thence North 00°44'00" West for 625.68 feet on said north line to the South line of said Severance Shores Annexation; Thence North 89°16'11" East for 1,645.19 feet parallel with and 30.00 feet south of the North Line of the Northeast Quarter of Said Section 3 on the South line of said Severance Shores Annexation and on the South line of Francis Felte Fourth Annexation recorded January 31, 2001 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2822532 and to the Point of Beginning. Contains: 217.1102 Acres more or less. Basis of Bearing: The North Line of the Northeast Quarter bears North 89°16'11" East between the Northwest Corner of the Northeast Quarter of said Section 3 monumented with a Number 6 rebar in Range Box and the Northeast Corner Corner of said Section 3 monumented with a 21/2" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374 with all other bearings referenced thereto. This description was completed for the purpose of describing an annexation boundary and should not be used for the conveyance of real property or any rights therein. This is not intended to represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is based upon my knowledge, information and belief. It was completed by me or under my direct supervision using applicable standards of care and is not a guaranty or warranty, either expressed or implied. April 17, 2017 For and on Behalf of Farnsworth Group, Inc. David J. Berglund Colorado PLS 38199 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 (970) 484-7477 4249056 10/28/2016 12:05 PM Total Pages: 4 Rec Fee: $26.00 Doc Fee: $483.00 Carly Koppes -- Clerk and Recorder, Weld County, CO After Recording Return to Hunters Crossing Investments, LLC 7251 W. 20th St., Bldg L, Ste 200 Greeley, CO 80634 nr,r Fee! ,taar4_nn Exhibit B LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER WITNESSETH, That the grantor(s), for and In the consideration of the sum of FOUR MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS AND NO/ 100'S ($4,830,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as TBD, Windsor, CO 80550 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and alt the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession of the grantee(s), their heirs and assigns, against ail and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLER: PFL Land Holdings, LLC a Colorado limited iiabl t y company by David Lind Managing Member by Poly Ann Winner, Managing Member STATE OF COLORADO COUNTY OF Weld The foregoing instrument was acknowledged before me October 27, 2016 by David Lind and Polly Ann Winner, Managing Members of PFL Land Hoistingart. orado limited liability company. Witness my hand and official seal. )ss: Notary P M WDSpecial-ESCROW NO. 459-H0482049-084-LL9 m U ter70tsoo Public lion exp1 rte° May 28.2017 My comm L 19934007843 ver-e HT@ Exhibit B LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER 4249056 10/28/2016 12:05 PM Page 2 of 4 EXHIBIT A - LEGAL DESCRIPTION THE NORTH HALF AND A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BAS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTH QUARTER CORNER BY A NO. 6 REBAR IN A MONUMENT BOX AND BEING MONUMENTED AT THE NORTHEAST CORNER BY A 2.5 INCH ALUMINUM CAP STAMPED "INTERMILL LS 12374 1999" SAID LINE BEARS N89°15'57"E A DISTANCE OF 2634.33 FEET WITH ALL BEARINGS RELATIVE HERETO; COMMENCING AND BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 3 N89°15'57"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 A DISTANCE OF 2634.33 FEET TO THE NORTHEAST CORNER OF SAID SECTION 3; THENCE 800°21'21"E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 3 A DISTANCE OF 350.00 FEET TO THE NORTH CORNER OF THAT PARCEL AS DEPICTED IN WARRANTY DEED RECORDED NOVEMBER 25, 1981 AT RECEPTION NUMBER 1875548 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY AND SOUTHERLY LINE OF SAID PARCEL THE FOLLOWING THREE (3) COURSES: 1) S47°38`39" W A DISTANCE OF 450.00 FEET; 2) SOO°09'59"W A DISTANCE OF 543.15 FEET; 3) S86°51'21"E A DISTANCE OF 340.00 FEET TO SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 3; THENCE S00°21'21"E ALONG SAID EAST LINE A DISTANCE OF 1345.77 FEET; THENCE S86°'10`39"W A DISTANCE OF 1056.38 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 3; THENCE S86°10'40"W A DISTANCE OF 944.66 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL AS DEPICTED IN WARRANTY DEED RECORDED FEBRUARY 3, 1990 AT RECEPTION NUMBER 2671203 IN SAID RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE N14°2726"W ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 260.97 FEET TO THE NORTHEAST CORNER THEREOF; THENCE N89°48`46"W ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 1228.87 FEET TO A POINT ON THE EAST LINE OF THAT PARCEL AS DEPICTED IN SPECIAL WARRANTY DEED RECORDED DECEMBER 4, 2015 AT RECEPTION NUMBER 4162893 IN SAID RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EAST LINE AND THE NORTH LINE OF SAID PARCEL THE FOLLOWING EIGHT (8) COURSES: 1) N01 °06'35"W A DISTANCE OF 1291.56 FEET; 2) N84°40'43"W A DISTANCE OF 189.15 FEET; Exhibit B LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER 4249056 10/28/2016 12:05 PM Page 3 of 4 3) S87°23'52"W A DISTANCE OF 184.71 FEET; 4) S75°29'05"W A DISTANCE OF 184.26 FEET; 5) S67°19'20"W A DISTANCE OF 134.15 FEET; 6) S58°53'55"W A DISTANCE OF 213.37 FEET; 7) S52°05'00"W A DISTANCE OF 493.29 FEET; 8) N74°1150"W A DISTANCE OF 690.96 FEET TO THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, AS DEPICTED IN A DEED OF DEDICATION RECORDED OCTOBER 27, 2006 AT RECEPTION NUMBER 3430471 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE NO2°52'58"E ALONG SAID EAST LINE A DISTANCE OF 358.57 FEET; THENCE N01°16'41'W ALONG SAID EAST LINE A DISTANCE OF 200.00 FEET, TO THE SOUTH RIGHT OF WAY OF WELD COUNTY ROAD 74, AS DEPICTED IN A DEED OF DEDICATION RECORDED OCTOBER 27, 2006 AT RECEPTION NUMBER 3430471 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING FIVE (5) COURSES: 1) N88°53'20"E A DISTANCE OF 115.12 FEET, TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; 2) ALONG THE ARC OF SAID CURVE 454.62 FEET, HAVING A RADIUS OF 1270.00 FEET, DELTA OF 20°30'36" AND A CHORD BEARING N78 38 02 E A DISTANCE OF 452.19 FEET; 3) N68°22'44"E A DISTANCE OF 1588.62 FEET, TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; 67 FEET, ALONG THE ARC OF SAID CURVE 630. HAVING A RADIUS OF 1730.00 FEET, A DELTA OF 20°53'24" AND A CHORD BEARING N78°49'21 "E A DISTANCE OF 627.19 FEET; 5) N89°15'58"E A DISTANCE OF 531.60 FEET; THENCE S00°44'02"E A DISTANCE OF 585.70; THENCE N89°15'58"E A DISTANCE OF 341.35 FEET; THE NCE N00°44'02"W A DISTANCE OF 655.71 FEET TO NORTH LINE OF THE NORTHEAST OF SAID SECTION 3; THENCE N 89°15'58"E ALONG SAID NORTH LINE A DISTANCE OF 1674.84 FEET TO THE POINT OF BEGINNING. CONTAINING 9,385,255 SQUARE FEET OR 210.456 ACRES, MORE OR LESS, GROSS. EXCEPTING THEREFROM THE 30' RIGHT OF WAY OF COUNTY ROADS 74 AND 21 Exhibit B LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER 4249056 10/28/2016 12:05 PM Page 4 of 4 LEGAL DESCRIPTION CREATED BY: DANA L. SPERLING, PLS 38012 FOR AND ON BEHALF OF OLSSON ASSOCIATES 5285 MCWHINNEY BLVD. SUITE 160 I LOVELAND, CO 80538 Exhibit C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s) he was the circulator of the foregoing Petition for Annexation of lands to the Town of Severance, Colorado, consisting of pages, excluding the pages(s) of this Exhibit C, and that the signatures of the petitioners thereon were witnessed by the circulator and are the true and original signatures natures of the persons whose names they purport to be, and that the dates of such g signatures are correct. Circulator: STATE OF COLORADO � SS. COUNTY OF The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this day of 5 by Witness my hand and official seal. Notary Public Commission Expires: • PETITION FOR ANNEXATION HUNTERS CROSSING TO THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO: The undersigned (the "Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statues, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petition ("Petition") the Board of Trustees of the Town of Severance, Colorado ("Town Board"), to annex to the Town of Severance ("Town") the unincorporated territory located in the County of Weld, State of Colorado, Which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Propel iy; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3)miles in any direction from any point of the current municipal boundary. -Fi- 11. The annexation will not result in the denial of reasonable access to any landowner, proposed owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or b. comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax for the year next preceding the proposed annexation, is included in the purposes Property without the written consent of the landowner or landowners. 13. If a a portion of platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by Petitioner is set forth on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that the signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: a. A written legal description of the boundaries of the Property; b. A map showing the boundary of the Property; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and d. Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, Petitioner requests that the Town: a. Institute zoning and subdivision approval processes for the Property in accordance with Section -115 of the Annexation Act and Chapter 16 of the Municipal Code of the Town; and b. Approve and execute an annexation and development agreement ("Annexation and Development Agreement") which establishes vested property rights for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, and otherwise establishes the development plan for the Property. 18. Petitioner has filed this Petition subject to the following conditions: a. Concurrently with its approval of annexation of the Property, the Town Board: (i) approves for those portions of the Property which are not public right-of-way, zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioner submits in connection with this Petition; and (ii) approves and authorizes execution of the Annexation and Development Agreement. b. Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to the later to occur of: (i) forty (40) days after the latest effective date of the final ordinance(s) approving annexation of the Property, the Annexation and Development Agreement, or zoning of the Property as requested pursuant to this Petition; or (ii) any later date contemplated in such Annexation and Development Agreement. c. Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. It is expressly understood that the term Petitioner, as used in this Petition, means the then current owner of the Property and specifically, all applicable rights of Petitioner set forth in this Section 17 shall only be available to the then current owner of the Property as applicable. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional to l ms and conditions within the meaning of Section -107 (l)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests that the Board of the Town of Severance, Colorado, complete and approve the annexation of the Prope 1 iy pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this / Z day of _____4n - 2°'? Signature of Landowner/Petitioner: JJDEM, LLC Name: Title: ,,Zevizer2-*1 Signature. Date: Ceara - 44//./17 Mailing Address: 7251 W. 20th Street, Building L, Suite 200 Greeley, CO 80634 Resident of the Property? STATE OF COLORADO COUNTY OF VO kiC\ NO ss. The foregoing instrument was acknowledged before this t7 day of an Authorized Agent of JJDEM, LLC, a Colorado Limited Liability Company. Witness my hand and official seal Notary Public Commission Expires: r • 2ke- W 1 , by Iss LAIRA L ZIEGLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19964000495 MY COMMISSION EXPIRES JANUARY 21, 2020 Exhibit A TO PETITION FOR ANNEXATION Preliminary Legal Description of Property That part of Section 3, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being a part of that parcel described by Special Warranty Deed recorded December 4, 2015 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 4162893, the resulting perimeter of which is described as follows: COMMENCING at the Northeast Corner of said Section 3 monumented with an 2 %" Aluminum Cap in Range Box (0.8' deep) stamped LS 12374; Thence South 00°21'18" East for 30.00 feet on the East Line of the Northeast Quarter of said Section 3; Thence South 89°16'11" West for 30.00 feet parallel with and 30.00 feet south of the North Line of the Northeast Quarter of said Section 3; Thence South 00°21'18" East for 346.81 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of Summit View Fourth Annexation recorded April 7, 2000 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2760548 to a point on the Northerly line of that parcel described by Warranty Deed recorded on November 25, 1981 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 1875548; Thence on the Northerly, West and South lines of said parcel the following three (3) courses: 1) Thence South 47°38'36" West for 409.60 feet; 2) Thence South 00°10'18" West for 543.18 feet; 3) Thence South 86°51'54" East for 309.95 feet; Thence South 00°21'18" East for 1,349.41 feet parallel with and 30.00 feet west of the East Line of the Northeast Quarter of said Section 3 on the West line of said Summit View Fourth Annexation and the West line of Mikelson Annexation recorded June 22, 2001 at the Weld County, Colorado Clerk and Recorder's Office as Reception Number 2859664 to the North Line of that parcel recorded by Quit Claim Deed on May 3, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3384743; Thence South 86°10'50" West for 1971.00 feet on the North Line of that parcel recorded at said Reception Number 3384743 and the North line of that parcel recorded by Grant Deed on May 18, 1992 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 2288346 to the Southeast Corner of that parcel recorded by Joint Tenancy Warranty Deed on February 3, 1999 at the Weld County, Colorado Clerk and Recorders office as Reception Number 2671203; Thence North 14°25'02" West for 261.82 feet (260.97 feet per Reception Number 4249056) on the east line of said parcel recorded at Reception Number 2671203 to the Northeast Corner thereof; Thence North 89°51'18" West for 1,228.85 feet (1,228.87 feet per Reception Number 4249056) on the North Line of said parcel recorded at Reception Number 2671203 to a point on the East Line of that parcel recorded by Special Warranty Deed on December 4, 2015 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 4162893 and the Point of Beginning; Thence on the East and South lines of said parcel the following three (3) courses: 1) Thence South 01 °06'36" East for 211.03 feet on said East line to the South line of the Northwest Quarter of said Section 3; 2) Thence continuingSouth 01°06'36" East for 84.99 feet (84.83 feet per Reception Number 4162893) on said East line to the Southeast corner thereof; 3) Thence North 89°48'45" West for 1,917.46 feet; Thence North 01°06'27" West for 64.41 feet parallel with and 30.00 feet east of the West line of the Southwest Quarter of said Section 3 to the South line of the Northwest Quarter of said Section 3; Thence North 01°06'35" West for 1203.03 feet parallel with and 30.00 feet east of the West line of the , Northwest Quarter of sa id Section 3 to the East Line that parcel recorded by Agreement on October 6, 2006 at the Weld County, Colorado Clerk and Recorders Office as Reception Number 3425640 and by Deed of Dedication on October 27 2006 at the Weld County, Colorado Clerk and Recorders Office as , Reception Number 34 30471 and the North line of that parcel recorded by Special Warranty Deed on December 4, 2015 aY t the Weld County, Colorado Clerk and Recorders Office as Reception Number 4162893; Thence on the Northerly an d East lines of that parcel per Reception Number 4162893 the following eight (8) courses; 1) Thence South 74° 12'44" East for 689.84 feet (690.96 feet per Reception Number 4249056); 2) Thence North 52 °04'42" East for 492.99 feet (493.29 feet per Reception Number 4249056); 3) Thence North 58° 54'04" East for 213.27 feet (213.37 feet per Reception Number 4249056); 4) Thence North 67 °19'29" East for 134.09 feet (134.15 feet per Reception Number 4249056); 5) Thence North 75°29'25" East for 184.32 feet (184.26 feet per Reception Number 4249056); 6) Thence North 87°26'36" East for 184.32 feet (184.71 feet per Reception Number 4249056); 7) Thence South 84 °40'29" East for 190.51 feet (189.15 feet per Reception Number 4249056); 8) Thence South 01° 06'21" East for 1,291.62 feet (1,291.56 feet per Reception Number 4249056) to the Point of Beginning. Contains: 59.6315 Acres more or less. Basis of Bearing: The North Line of the Northeast Quarter bears North 89°16'11" East between the Northwest Corner of the Northeast Quarter of said Section 3 monumented with a Number 6 rebar in Range Box and the North east Corner Corner of said Section 3 monumented with a 2 34" Aluminum Cap in deep) Range Box (0.8' stamped LS 12374 with all other bearings referenced thereto. Thiscompleted for the purpose of describing an annexation boundary and should not be description was property used for the conveyance of realor any rights therein. This is not intended to represent a Land p Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is based upon my *kir knowledge, information and belief. It was completed by me or under my direct supervision using applicable standards of care and is not a guaranty or warranty, either expressed or implied. April 17, 2017 For and on Behalf of Farnsworth Group, Inc. David J. Berglund Colorado PLS 38199 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 (970) 484-7477 est Exhibit B LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER 41 &2(393 12104/2016 06:55 AM Total Pages: 2 F ec Fee: $16A30 Carty Koppel Clark and Recorder, rder,, Weld Cum, CO. After atcording Return to J DEMI. PLC 1251. West 20th Street Building. Lint la ithrtieleyt CO $ SPEC a WARRANTY DEED This Deed, :bade November 251h. 2015 Between acwses% Inr cxturtatt l.i..C a Colorado liu dttd . nab I$ ceimporwy of the County Stile ci CCOLORADO. ;ntnt s) and, XiMOW ILIAC a tAolotra41. lintlfed ldabilit cruanpac '„ + iso vo legal tuldricslis It 1 W. 20th cwt,. Bird .. See 2tXt..'Greeley County of Weld,. and SiMC at COLORADO grarrrt r:s) ' TI%111ES Ettl'.'fltaat. the grantor(s). for .amJ in thc ccn5t4cr t1on oft he sent cif Teen Dollars and ner)100 0110.00) the receipt and sAtifficiency * t whilat is hereby azkistawbedgedt has site& bareltimed. !sold` said conveyed,. and by these pmeerns dies gram, bargain, roll: convey and confirm, unit the r0, his licks anal assigns ferevet, .ail- the re,aa property to.cibcr with i .rte t t s. Way. *Ira . lying Arta being .i n she County of Weld, State of COLORADO described as follows: Sec Exhibit A attached heroic anti ; ini.xttronsted herein by reRsencc also _icnowst bar street and number as 35712 CR. 1& Wialthear.. CO IrOGETIIIEIR with silk- and singular hcrcadirtawncnts rand a geurbe antes t1te%etiatitO belonging. orin unwise arthrietitalafins. and the reversion and reversions,. rerniria#ct and ten ins rs. rents issues, and protests thereof.. asbd all the es , right,. title.. ingre$t, claim and dentaad vira`ts wcs of the &atngora either r in law or c4v1 y.. of. In and so the abtwc bargained premises, with the bctircditaencnts and appurtenance4s. TO HAVE AND TO HOLD saki premises .ubovre bargained described. with the appurtenances,. unto She grantee, their heirs mt. agoittas forever.. The grantor(s). for Shea th , thuds heirs and. persorias representatives et alttassoirs.. does c -o l:ant and agree that they slim and will WARRANT AND FOREVER DEFEND the a rc-bxar dined pr nheS in the quiet aid peaceable possession of the ,grantee(s), their heirs, and assigns.. og inwt all x+nd every person or persons claiming the vaiholc oafanar purl thcseof., by-, through •or ander the itisraintottig. Thes�iusulser' ttuntbbet alkali include the plural, the: plural the singular, and. ttvo. use of say gender thall: b*itophiSbie to :pit genders. IN WITNESS VlitillicIRSIOF., die -grantor taus c. tared this on the date set forth of .- :10t,+y►?w1TORi Cestlarywoods free s#narn , l`..LC a Colorado firatted It copy ay; S. See , A spars . ' Agent STATE O COLOIkA DO LINTY OF Weld 'Thy foregoing innninwnt was 1105310Wledted berete a Bu1_kendo i as Authorized! . Laityzw.+ Witness my band asta n Cw�.;i l seal, aria 0:004orThebtsch V ray commisnott E4#V*R Iowa 1-100 I it . e •a •` , l C Acawtnle fllSS t� exp acs:. LLB by Larry fg.. Exhibit B LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER 41 52S93 t 210412015 08.55 AM Page 2 of 2 EXHIBIT A legal Deaaripdon A total of laud lotted In the NW1/4 and Nlor2 of the SWIM or Section 3. Township 6 North, Range 67 West of the 6th P.M" County of Weld. State of Colorado and being more particularly described as follows: .Commencing at the Northwest comer Of said Section 3, and c*nnIdcrin$ the Wet line of the NW114, /4 ofsaid Section 3 to hear South 00 dew 00 minutes 00 seconds West sod with all other bearings contained herein. rriatsve thereto: Thence South 00 degrees 00 minutes 00 seconds West. ekes the West line of said NW1d4,. 1.3*.61 feet to the True Point otflc ng; thence South 73 degrees 05 rabxutes I5 seconds East,. 72.1_83 feet; tires NOM% 53 demos t 1 mhiuWes 35 amends East, 493-29 feet; throe North. 60 a prces OG minutes 30 seconds East. 213.37 feet; thence North 68 degrees 25 minutes SS seconds East. 134..13 feet; thence north 76 degree 35 minutes 40 seconds East, 184.24 frt; t crbee North f$ du minutes 30 mites 27 seconds Fan, 184.7.1 feet; thence South 83 degrees 34 minutes 08 seconds East, 189.13 feet; thence South 00 domes 00 . Hurts 00 seconds nds East, 1,503.64 fret to a points on the South line of the 1411W1/4 otsaid Section 3; thence continuing. South 00 degrees 00 minutes 00 seconds East, 84;83 feet; thence North 8* degrees 43 minutes ac000ds West, -1,9 ,947.4$ freer to a. point on the West lime of the S'9/114 of said Section 3: thence North 00 degrees. 00 minutes- 00 seconds East, *tong the West tine of the SWI/4 of Section 3, 634114511,4( to the Weft Quarter canter of staid Section 3; tbbence continuing Nost1h 00 degrees 00 minutes 00 seconds East, along the West Line of the NW 11`4 otsaid Section 3,. 1,213.13 feet to the True Point cif ilogin ing. Address: 35712 CR 19, Windsor. CO 8G550 1er Exhibit C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s) he was the circulator of the foregoing Petition for Annexation of lands to the Town of Severance, Colorado, consisting of pages, excluding the pages(s) of this Exhibit C, and that the signatures of the petitioners thereon were witnessed by the circulator and are the true and original signatures of the persons whose names they purport to be, and that the dates of such signatures are correct. Circulator: STATE OF COLORADO COUNTY OF The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this day of , , by Witness my hand and official seal. Notary Public Commission Expires: • 1110 L O Ca Lin D et O JOURNEY HOMES HUNTERS CROSSING u. • ehr . 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Gasng\Seat\07_Dvr+P\Mvtu^V\V_AM[X MM - 017020(100-1O[Yb9 I //1!/1017 &53 MI I D ( m I n I 0 m T C x L ( w N ri UNITS OF DISTANCE ARE U.S. SURVEY FEET AND DECIMALS THEREOF. 0 to 4 A yy y fA O co 6 9 :S31ON 1VM3N3O >_ 00-4 Oz com ! 9vQ`ZQZ 3coz, Z " C S° S i ITiE - Iwr1 r0� _xi° X In N 0 r z z am Dog z °' Uzi c m"9 • m ;_ m Aim S gzz 0 t m v y A8mz � tmmm -1 z 0 m -4 O > D met zo 536 ZIa g S Im D o m c1 q ✓ -12 fill Cy 9I-4 5, : y U) AA z e= xz m Cy D g A Z 8 m0 DIlend ABV1ON S3t3IdX3 NOISSMVIO3 AN 1 mIf� m > T i A m -io io r � G i Z On D O tto 0 ta l � qm 7C 2 0 2 30 AUNDO3 OCMIO1O3 AO 31V1S BRYAN GUEST AS BUSINESS BANKING MANAGER, GREAT WESTERN BANK PLANNING COMMISSION APPROVAL: 3llend A8VION --83WdX3 NOISSWYWOO AN LEINNVId NMOl az O T y O R 8 3O AVO SIHL O3M3IA3eI 8 0 z m i!I 2 k k k J A N a co N 3.L6,60.L5 4YoN Ava41 k k k LARRY S. BUCKENDORF AS AUTHORIZED AGENT. 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T -? O ^ •• . o 0 j C y N , g y Q N� OW • r n z4 -v ?f A Ingo 0O CA 3 0 O c 2 i 06 e 3 a o H 0 a 3 mC� e. rn mi n ,n o i a U rim r I peeVm I + \201Tp110000.00 — any New, Hein C•reAt+nArn-De.* \IIa1i g\VJME2 IMP - 0170000.00-Jailm1 14/1!/2017 !62 Ail 1 co I C) 0 m m C) x l 1 N U, 2 w5 h14632 .5..' 2 1401'06'351N @ 1,211.78' 2,563. 7'W 5 1,213.13' (R2) 2.583.9' T;,-( C OLLISTER LAKE RD (WELD COUNTY ROAD 19) flu, B Zr C) p m 8 fe' PIPEUE EA DIENT 12D' ACCESS EAS !ENT ITECEPROI MOW t. I MUD ID s PEDAL EASSIDIT RECEPTION tamest !934.382 NO1'06'35'W 1,203.03' z O O c0� • c rin go _g r r m z m g v W m - a g W w C rs tTI In 1d row or warmer I REIXPIKIN MAD R 154717 2D'I ACCESS amen RECEPTION MW Mae S01'06'36"E 296.02' S01'06'36'E 211.03' m tlt tin r Pui Nj V a .- ;QS M S01'06'21'E 1,291.62' (C) 1,291.56' (R1) In S00'21'18'Ea\ 1.349.41' LINE NORTHWEST Vi SECTION 2 416. ul ci ' N01'06'35 W - - - 696.76' A4 2 • w w 3 N � r m Opp y O • - t. 0 3-3 c ->m ZONING LINE S01'06'21'E 2,311.47' fo m N tr N N N _ IJ 't N 9 \\\\\\\\_ \ 500'10'18-W 543.18' 543.15' (R1) 134N/EL UNO REC NO. 1875548 J Jz a wy ifs \ �0 0 0 r r A O N�N�r���.�I jT<j aIrO}IruA U.Om V V V A Abpp V 1 p� + J• 'I,)A�y 'oD qaS fi v o a �P2 AvigNo Y 14—`"0,1 WI Ai N Vl A w ra 30' WELD COUNTY ROAD 19 RIGHT OF WAY PER ROW COMMISSIONERS ACTION RECORDED JULY 19, 1881, BOOK 3, PAGE 8 P et >Y N S00'43'49 -E 585.75' 585.70' (R1) LINO PAM/1.r FARM H0MEGTE4O 1 0 • W-• m r>S N00'44'00"W ni 625.68' c it 2 AO m 0 I d a / (1),, 1;N F C-°:� m I/ W N �. Ol m a - Q.( (13 J I \ / g o �R g ; t8 rHgHvz C` m 1` -1 Z 2 Z Q 2....4., a SzmmLIzi m2gfQIgfNz o cmm;'"g;'"g;�'� o o >> 0)�mm�p mm�ll�om a y ooa0rt1a0� ,{,Ri >y _dcW, 0 24.00N p i- 0o 8 11-- 0 30' WELD COUNTY ROAD 74` RIGHT OF WAY / 1/411. 0 >4 S00'21'18'E 2,622.85'TELLER STREET 61171 COUNTY 1075 '211_ O�sv \\\ SOO'21'18'E 346.81' • NI-).• —I r-. II Pig ti t zm O S D13V SI£9'6S OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF SEVERANCE, WELD COUNTY, STATE OF COLORADO O -5 E h), PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 67 WEST td rri 00'60Z0L 10 dVW NOLLVX3NNV :'oN 1009 p1813 tn 5. 54. :iweLpry6isep fa ar L 1OZ/0£/£0 z 23 0 o ONISSO I3 S2l31Nf1H S3WOH A3N?lf1Of eg t. o O Hello