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Home My WebLink About20162326.tiffRECEIVED WELD COUNTY COMMISSIONERS July 18, 2016 Weld County Board of Commissioners 1150 O Street, PO Box 758 Greeley, Colorado 80632 RE: City of Dacono- Annexation Impact Report Distant Thunder Annexation Dear Weld County Board of Commissioners, Please find the enclosed Distant Thunder Annexation Impact Report filed by the City of Dacono, Colorado. Sincerely, er 1� � — AJ Ekert City Administrator Pobile(av tem..) 7/a5/1 Go Gc 5OGRs), 2L. C mm/r e), CM Craw) P) , ( W(a,c, scj-n-), mars 7/aota©1to 512 Cherry Street/ PO Box 186/Dacono,C0 80514 /Tel: 303.833,2317/ Fax: 303.833.5528 www.cityofdacono.com 2016-2326 COLORADO r (. City of Dacono Annexation Impact Report Distant Thunder Annexation July 18, 2016 Distant Thunder Annexation No. 1- No. 9 To the City of Dacono Weld County, Colorado I. Project Description The location of the proposed Distant Thunder Annexation No. 1 —No. 9 is shown on the Annexation Map (Attachment A). The annexation includes vacant land and right-of-way in unincorporated Weld County. The breakdown of each annexation parcel is as follows: • Distant Thunder Annexation No. 1-0.041 acres more or less • Distant Thunder Annexation No. 2- 0.103 acres more or less • Distant Thunder Annexation No. 3- 0.226 acres more or less • Distant Thunder Annexation No. 4- 0.534 acres more or less • Distant Thunder Annexation No. 5- 1.151 acres more or less • Distant Thunder Annexation No. 6- 2.385 acres more or less • Distant Thunder Annexation No. 7- 5.038 acres more or less • Distant Thunder Annexation No. 8- 43.449 acres more or less • Distant Thunder Annexation No. 9-90.481 acres more or less In conjunction with the proposed annexation, the zoning for the subject property is anticipated to change from Weld County PUD zoning to City of Dacono I-1 Light Industrial Zoning. The property is already subdivided into a 9 -lot PUD referred to as Distant Thunder PUD. The Distant Thunder PUD was approved by Weld County (Reception 3534671). The Distant Thunder subdivision is shown in Attachment B. Current use of the property includes 9 vacant lots. The City's current boundaries are shown in Attachment C. II. Municipal Services Municipal services for Distant Thunder Annexation are anticipated to be provided by the following entities at the time of development of the property: Electricity United Power Fire Mountain View Fire Protection District Natural Gas Black Hills Energy (formerly Source Gas) Police Dacono Police Department Sewer St. Vrain Sanitation District Cable Century Link Distant Thunder Annexation Impact Report 1 Water Central Weld County Water District/City of Dacono Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer or Title -32 Metropolitan District(s), through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the City will be financed through impact fees, taxes, charges or special improvement districts, if necessary. III. Special Districts The area proposed to be annexed is currently within or will petition for inclusion into the following special districts as may be directed by the City: • Carbon Valley Parks and Recreation District • High Plains Library District • Northern Colorado Water Conservancy District • Central Weld County Water District • Ft. Lupton Fire Protection District (will petition following annexation) • Mountain View Fire Protection District (will petition following annexation) • St. Vrain Sanitation District • Platte Valley Conservation District • Weld RE -8 School District • Aims Junior College for exclusion for inclusion IV. School District Impact A referral regarding this annexation and the currently proposed land uses has been sent to the School District for referral consistent with the Intergovernmental Agreement between the City of Dacono and the Weld RE -8 School District Concerning Fair Contributions for Public School Sites. Comments from the School District should be forthcoming. V. Annexation Agreement The City of Dacono and the applicant negotiated a pre -annexation agreement in 2004 (Reception 3161681) and is attached as Exhibit D. Although all the details of an annexation agreement between the City and Distant Thunder Annexation Impact Report 2 the applicant have not been negotiated, the City of Dacono's form annexation agreement is attached as Exhibit E. Distant Thunder Annexation Impact Report 3 VI. Attachments A. Annexation Map Annexation maps B. Distant Thunder PUD Approved nine (9) lot subdivision C. Current City Boundary Current City boundary map D. Pre -Annexation Agreement Pre -Annexation Agreement E. Annexation Agreement Dacono's form Annexation Agreement Distant Thunder Annexation Impact Report 4 Attachment A: Annexation Map :\ ) \ \ / GcouNrr -eI. Mw « ' ;gym,MTV&mod s v ; 2y r��/ \ ( _�,_� e Mali tit V 8:033« _ NOLDIONNY swim •TIAO Or GIVCI CIOEFD CT 44•IVECI WELD COUICYRDAD NO 19 \ WELD COL*JT ROAD NOV d ) Oatltl0l00 'ONOOVO AO ALSO PALM ILL b1b b' 91b Ir038 so BNOIIMOa NOLLVX3MN tDQWIH11Nd1810 MECO der CEEICEI 10 ADZ ILLY0 PT +MIMI N ry 1T d z C O cr1 O w z 2° s a ^1 O a °o 00'°no Z U a o Z 0 m w v w w'^ ~ H N 69W "� dw 0 LLJ CC 8 ti 8 z OOVHO1OO 'ONOOVO AO A.LIO MOM 1LL 'OE b V 9'f le &OW SO 9NOIIHOd N0LLYX3MIV L9dK111FLLINVJ C AIVO silVo µpY ��ap BfAlE 5? WALE r, TOWNSHIP 1 NW CO 11, el 4,£ 6 iii ii s lit e, i! h e F ii LLF5i i + it; ti liii ti it 1. 5 E,55 5 F r 1�r i! itii •I is t.zi., i r . ! s si- ii il' "ei iii i:;= i Pi lae ji Hi; r if J J .;r ! i 9 1. �ii �l l,�,i i. 15ei1�i1 iii!; !!! 10eilgigi 5' idi leIdrdtttlini id? Pa lfsl�i;!{i E'!i!{i viii itii 1dai5 iii i!!!lFlli.' —_ St.R 11 e O0VHO1OO 'ONOOVO JO Al1O WIN iLL bl bts*' b&ose SD BNOWJOJ NOLLYWAINIV Y\Y anti CEDRIC O (133HS SW1) 3N11 Hawn R t 61' ON OVOU AIN(1O0 O13M I 1 G£ !III !ill 'il �• i fI. Is is i jjf I it Chi It : l pI l i F I. 1 l i'3 , 1 R : i i l°; �'II Il l �f I t!i, l ai 1 .i •` 1• l iU lii:i' i` 1iii li fi ;I I I ��!` ex i Ill i IT I IJ I; II i i t j 611 r 1 tE I i 1 `!Ii • 1 1 iii! 111 ill-€ Ilillti If lllllllii,: I I.I illlt ° 1 ji?1 th 1 i 5 ? A Sj f' F Rc ;1 Philift R Bi!9!1'"-!fii 3 �[ i t liii E li! if1 l !!! 1 • ri, ptifie if11 6 "1{. I iiiil 1lb 666 1 fat fling Wind igigOlliiii y;±i•i�:l tr Illii s`}>c si Ii 11•I f4. 556. fling 1666i166131[iie )!l'ie 1I :i Glii (l [B[EI E VI" _[{ Iehk1 E1 i; Hills 1•k R1� i.i p I 3 lR ?It I.- liiii iiit iliifi1. pliiii Fi`liiiii`111i, Sttiviliiiiihiiililie p I 'il Oil iie(lii6iiil.aaTil[IlilllQll�Ic.a,lililiiea.,:alazaailii,........�i[I (133HS SRI) 3NI1 HOIVW o• 33 CMY TMHJ I! k f I OC _ �%_� a � t to so _ ROMA ON Mr .314.3 SLIM 0500.0 �_ NOLLYX3441V LECINt11411NVISIO a a m =_ > A? .aa Tr - WELD COUNTY ROAD NO.19 gyp/ 0< ft WOld A1411100 C1134A • Attachment B: Distant Thunder PUD p9tto1111IVIII IIIIII11111 Hi 111111III IIIII IIII IIII a Moons 1 at 3921.10 zluo IJ o IO 64. a Llerwn Recorder 6T1 SURVEYOR'S CERTIFICATE I. Slevsn Julia 51 ol R lc P f Lund 'ol Ld Survevar n 110 Sluts d of I-Breby costly that [M1 s Final Pict was nrepered under my Saisonol supsios on ',hookingI furthai Certifythe survey Lind tno plot the Stnta al COs, odu Stole Beard of Reyetl la !m Professional Enlg gees nu rrolnaxinnol Iand Surveyors, one Weld Pro ores By cne Or Behalf Of: I.\I RtAlll i AND SURVEYING. INC nos ono, Colorado 01)547 (970) 00'1-0516 Coo L9 30462 Obi; i_I_I.SOi°PI E 2.11.4 leln[HI I.,eras ,. is/o;„,2, UTILITY 5LHVICE STATEMLNI QsArST 11-CIJCAer Sirs, Is footsie O soars is not 00 010 for -0 elln cm,. iv I.LR1aCL J.'ti:6d6L1L — :.r.i.n b n.nnmie edn_.nl m Ih..pe<i n.antr,r. ata Dote: 91-w-o'T GENERAL NOTES: 1 Basis of Bearings: The West ine of the Southwest Ouarrer of 10, / Weal a mooted 9y salon this snores, is 'saunas North, Ranee 00.00'007 west Property description furnished to Interirdil IronsS.rvc,nH Inc by the client a Warranty flood recorded January 29 2001 osso:ion o 24221` 3. 4. C) Found 1/2` rebor (length D known) Wan Iii dmry meter red asne cop marked 15 25937, fun ear otherwise noted) • — Din nni Pad or sal. Percents rearesl Fire Hydrant placement ond residential sprinkler plans shall be subject Is the Fort luptnn Fire 0 rem approval (NI) — Nan—Fodial C,.,..,. 30W. LLC 420D OCR 19 Fort Lupton CC 9062'' FINAL P FOR DISTANT I HUN0ER fl_U_0_ PF-SOO A PORTION OF THE SOUTH HALF OF SECTION 10, TOWNSHIP 1 NORTH. RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. P LATNOTES: WELD COUNTY'S RIGHT TO FARM STATEMENS: • huo Final Plat, V- ,yn (0) loth talk E ftliiltdi zone uses, one ADA A mar,._c (47 90 anno41, 1 m t m and Continuing oil eon go, ornductlor uses. LNmI POD Ili I( 6. The r. 5n I efiteln01.1Ilots Doll adhere to the su k standards el the c (Colors) 7ollel Mettle., except fathe inirvinuir lot size a nu ..Uar C. The open sense als are roc o.0oble for re Jc t:l sr acre es o oh -onion, p v habitable space - of _ shrill comply with Sectu a 2i 9-10 one 27 9-40 0l the Weld (Monty Code ono the osnd'o s of the s to coke Lo r pots able, lock • Installation of .. e o woos. mrdlra „antra, a:rg naeegv Committee ar .,. a and •rl : ,,, ahaa a) al _fe E. F Water se vent stall be prodded by the Cenoal Bald County Auto Dol.,l C Prior to the relents f br g p Lo lM1 9, e t o /CI or Soninstior District 0. dole , n osalisn a co _ an cry serve line In vocowfur ae wit me We,d County 1. dw d the aosorpnon field assns ,elite in are if ream,.. toe npeicnnl shall ordain a aturrn isoter 00 1.0.0 ae .gat Iron'. me 30011lr '. wol Dr in of Ono CAD oda Depornro., of Publlo Houlllr uod Environment. Sill fennel lull be. maintained on n,' down g d o -'L por'.n� nl the sae ring all par s o the condo cr r prose o e praiser J If dace i rn. of the era, land distureances1 1^ bo ducted that I T If Dim ,et: the rcauo l n e Weiler .cunt: Department of Public 'Health or. Ft „ri- 1, _ Fugitive Oust COntrOl Pan ToSt he swotted • OCC00006 with the- Cour., Ourtiol CommieSion, noy degelepnent that dpsunige rcioru t a., o (.7/ " O Of lona 0 0, incomonotefill a r e o d practical n sh all- LDal ors teDnolog: co ly e'v-I. {MO erOnemicolly reex noble le arelei to minmise du,t en,eoro'is N The d0meorsorl Association shall be responsible for replacing oil deed Or rrrg Ultra material in me apen epoCo Oleos (1 tea Laa tya Right o Far- Smlcment as delineated rn this pint Shah he ref. op led Ol D. limes P Slop alma a d street 11,1110 001.- .al be iewred WI nterser, ona o An lions. ir. I nc e t a i, ag n.:ha l eta a ba tdien post Fn , , r snsl cohere to a..5, 23. 4rtiele • Installatron of ittilities shalty Alto Section24 9- 10 of ltw We.d County Code • A -. I r v n Ile the r n rule u t , safe T A pion revise must be rp d permit mull ca issued. pi sr to thet rt at constrimlinn Pl any oil theTanned lots U NI sbucla'e .nail o n to the r of the 2023 Ier,Fe o li Not. wee. and t'hspter 2g of to 00:5 ocuanly Cads of -haled Oodes at the Inns or to norm g r_..IL ✓ is trio r building c we aosnvet snsI e J s,meste of appro.s. from We Fort Lupton Fire Frcremao Dist release a.na , DI_t.gt to theWeld�b.,tr Derbrtmerl of aaueina Inspection m Si Ditch end o the 2003 Irilsomtlonai Ooltding Cods r 23 of the Weld County C,... (onset ono ae,.t,l. distances ere . foam the farthest piojection from t ,fir. • The property n moll be responsible for c mplyng with me Performance slonuc,Js or Chapter 27, Arteiea II and vrl, or the maid Co ntY owner Weld County Goa shall b t a at y rime side, t - the activities curried out on the c. orrery comp. with the gem n, art ]t.. , c orated hewn , and all apr m I a -ty reynetions 3. The site shrill mnadd ii • N33•331, rep at al time, 0. llreleniements of J e INe y ortments of Pubic :1010. Poblic Heull ono' FairAm moot aid Planning Serdoes. and birroted Weld County Dodo and rot ties. Al The site shall maintain wn pronto with the Fort Lupton Fre Prolectlon 0iolrict al el. Imes lb. Elleclve January 1, 2003. building permits issued on the proposed lots Mil he require[ to udnoe to the fee structure at the Coonly`Wlde Road Impact rso Program LC. Ellecl?vo WAD'S' ir 7307, helidle9 Permits vetted on the protoaed lore will he required In nd)res. in the Ice .".lure to or o Gopher E'tptosranImpact Fee and the Slnrmwa er/Ursnoge Impact Coo DD C Se 00- In tioA a o B05Chaplet 24du1 thy !Asia County Cale l and Section 3 2 i r sea- ,.R s s n be considered as being or tne County the with 0G ND dove p sty shall ce ntc ve nor shat any baiid n9 FetmDe to issued on Ire property. ant me Firer Plan teo pp lento cbly associated with agricultural production Orator ho, beer and continues to b ire r Ile calla - al . . _ly II is unrealistic o tssmoethat a tches rind ils nay adf dmle0 :got to are nw-a . espansu g - nu.., a, aunty Lode 0'e arse 2005-2) $a • pill[Il in NORTH VICINITY MAP SCALE: 1i' — 2000 Certificate Os OedmNlon. Ownersh¢ and Mnmise:mea: do men 0y ti oeo presents it,._ :00II C e0. the tO. Nortguscc rhea tool of he South 1/2 or Sortsn t.. (lot Tow -whip n, , , North, range set to s Doha 80000 font W.-.I-i nn ns erly roe of said l ScwlhWest /l o of t0( the tNortherly line o of Set 3u ,l0 0 - gay nnld Southwest 0! Section 10: fence continuing North 81 '40.437 cost feel a to P ot 263 97 thence of m gaoler-" F 175697tee! Pulpit 68 87 Feel Preto y of me CarteriSou ftne Iel or f said in and an S.rene,on ; ton S tnMh I1 3' t e ossi aloI /2ng std is extension Southwest Snot 10' ill e 5 West 4 sok] 5o ns 0n is the ]oclherly lino of N 'l 1/2 f Said Southwest r_or Section distorms a1 6/ ioi lo said l of 1/16 71ior of SecThe Nn continuing Smith 552-1'07e West a thrice a Ian t to lI/2 0 f the ca ▪ ewte: air of Section nSoutbe of 2/55r9CTn L to the lice North On North 42 of the Soof [ 1/4 the : thence Nartll of said NorthSI z Section T SECRUI 1/h cane- role n p the wgararly Incst1/ olr�sn _�� 1 Ce cri ot along or ;�a1 n. reel t the SKIS POINT of SECRUING. end .n is for fir .[poses sheen neon -scaled this /0 don nl aQ, S CSA-o 202 owns lap. , IA LLC „7:44- ' w any�'uer . 3:ate of Calomaco Coon 1. of Weld before one this 3 do, of Mo a lILL11\G1r1itt N:C+ Fib Ot HNC I.y.5Grit Wine" d Se T—[-]tfT(. , P roperty Owners Certificate: and Des by6LLC redrew Owner(s), JL '211 .jai -sea l S late or Colorado (Vont> o1 Weld Certificate Of Approver By The County Commissioners: mot!_ erase cnd approved by t e Board ci Caunl{ Cc in'y OA 11fir C -f -T. J=_I__. ail)', 20CAB P Le ar T-0-1 E -Z -s_, ti,vj f y Cho.. 'n Poore or County nnsa rot e 19i (d[,�C�jE/ ttiO Elpit't Flog oats 0001100. INTERMILL LAND ap SURVEYING, INC FAY )( l C etc. CH.01,0 BY don, LLC FINAL PLAT \ t Nurr DISTANT TI-filifiitiNT P O.D.Pf P-, IIIIIII IIHIIIIIII IIIIHIIUIIIIIUI,IIIIIIIIIIIIIIIII ,Dnq,l,'tP1-7:-.,:-,9-1-,?.... 55 PH ch. eThr I n,cd. AILS °'Roilnty II :V p. I I II -III —11. per Peek 650 el Pepe 127'Y ! :Tl OUTLOT 'A' ---r .i9CD00.i: S.F. 1/ ..r 009₹ Acres use,. .- -J1 DoneeYil— OUTLOT 1900.00± S . 4 0.093 Acres ft W cc U SW CUR SEC 10-1-67 Is.','1.yfi., m..i2w N Ole Tr sOViH USW 3I Aoras. BF 51 pidRiror i 1 )eh LOT 2 "s AcreLt FINAL PLAT FON Di5TaN7 YFrUNDER P_U_D_ PF-6OO A PORTION OF THE SOUTH HALF OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO. 254.63' 100 Septic Sctbaca Ram 0 Drainage Area LOT 9 >. 3E+ nc•r•: ,.r 0..f. SCALE 1 Inch 100 feet • n i, r Area 20' OILP -f� T. 1. BE EE „l I I. a I, • ii / �I B.E. _ I17, / LOT 4 Ls:. 5.08₹ Acres KP Kauffman I rger - Drilling Window LOT 3 .a 3463 Acres • \I I aye . ° %�,' LOT 6 h _ 4523 Acres', • LOT6 091 Acres ]L• nn,. , 1e -), r E nnB et OF 1' 1354 55 OPin Ross ACCESS r.1 F I OPEN SPACE Residential Development Prohibited on this Open Space Tat 4J 903 Acres Approximate centerline of Ifi' gun line, No. 16 -IC --16" Nor ill, eneement for Panhandle le Coulon etas, Pipe Lies Company .r Le nd Lend Survey Plat Mraa•o, by Alpha Engineering Co. doled F ierr 25. 0x0101 fi and file Note. 1 esecti 03Rosa of ppm:meet ',rusts,. sod ar v Ing: A 16" sign pressure gas pipeline enne lots b 4. 5. and 6 'elN i a 100' on - en\ Prior m a eeexcavation0! these Into, act KeMthee. .elente4, IIC All utilitiesmee follow the the ec line casement scan fa11ct the Guidelines far Design end construction Aelivltlee an or Hoer Kerr-McGeeGatheringdog ITC ant 'Kerr Moons Re aky PeltRelated successors. revision 0:M/2004 or ttioi. Nucaeee Nin5 Reception Number a35l42 4 tee teen. guidelines. Radius) K.m a e' IL/m5 Windex e opereunne rte R). 6 —BCC X Roe' Legal Drill -1)g Window I 1 1 I T 1I I ( C 1/4 GGR. C 10-1-n] esNnan u / os ) cm marks LS Ln rid C!IPVE LADLE CURVE 1 nu In r PADIU5 I LEN0TN . BLARING CHORD yp� i o2 � "1 . 'Ills le Ae re __ ' ass l l a'.b_. sacGor e5clv.o' r ere, .:u� ivi —r _ `ausi'-1 lit l_S••v9.3 5 -17 --ICI n n —1 s w >ei' , y..- usua—n n .s'' '''' " Y 1 'eliR" 1 Gl21.2 1 " SJ.P- L L C ST v: - .ti,, nn i-26 �� ,,, n. n. nrun� y LOTTPPICed rasa thon ten sear' from the data of the nAtmaaaaa thorn h 3.0 ilpe&den, 6 tit - TYPICAL ROAD CROSS SECTION Not to Smle 069'53'21"W • 5uh Maion An Ale m SW CSC. 2653 66' ,—OUTLOT 'A' egeo Opf. D 0t± Acre.re. OUTLOT 'B' 7000.00± SF 0.094 Auras yl Location of plugged and ebendoneo of/can well (25 Radius) Easement Notes. 1 L&D dcateo Drainage and Utility Easements. with Width (Width as shown) 2 Wee County does not maintain dradrainageroutod futilities D ISTANT 'E T THUNDER, Detail 1 SIGN PLAN Not to Seale Not to Scale Cd 1/IL C(IRi -mTr.a ion mm«ed Ls 169 06' GENERAL NOTES, 1 Boss of Bearnge: The Weal line f the Scu Vvne:l ,Quarter f Section Township 1 North Rans hige 67 West o t umented by this survey IIS m aeened It, bear Sam ol'OD 00" West 2 Properly deedtP 'an furs s1) d to t ill Land S 1)y g Inc,by the dent e5 In' ma y Areretorted J y 2 3001 t pvn 1•i on N. 02L O Found 1/2" rehar (length e) n r red pestr cop marked LS 25037. iRelitas limn wise soles) a= Did not find or sett per theme rcquceL 5 Fire hydrant pinrrn.eat and re ,slid sprinkler Slone ehdl be eublect to the Lou Lupton Fire UMorlment'e 011 0.51. b (NR) = Nan-Nadinl 7 Client: ,ZM, LLC 421)1) WCR ,g Fort Lupine. CO. 00621 'Realign elan. The Distant Thunder Homeowners Association Shall irtlgate Cutlet 'A' one Outlet 'D' by on underground irrigation system Wotan w1) be supplied rro Separate „Neaten 'ifrom metered the Cneed Weld by the \V S Diistict. The lap l beetOpand owned 6y the I' d Thunder lend The Open Opens Tractshallb1) nrurroyeJ funJer dry conditions INTERMILL 30 LAND SURVEYING, INC. m. Bus faro}<el-rile / FPS (9701-035-9775 ern wTF. f aac 0Ia DRAWN DR 'Mr . CHEbtEs APPRISED MD SUSHI JZM. LLC J PROJECT DISTANT THUNDER P LLD PF-600 P-01-4728 PART OF THE 51/2 SEC ID -1-67, WELD COURTS' Attachment C: Current City Boundary GRANDVIEW BLVD WCR 12 I I I I I I I I GRADEN BLVLi WCR 10 I I I SUMMIT BLVD WCR 8 STLVtR PFAXS PINNACLE FARMS COLORADO ., ZONING MAP Updated: May 20, 2015 Thru Ordinance 769 PINNACLE FARMS RIDGE SHARPE: LANDS �SwBDIVJSGIt.': LEGACY PARK ——5TOREBPA%ER DACONO ESTATES ■ 14 UDEN /WOE IVIAbE MESA RIDGE DACONO ESTATES DEVELOPMENT - ADIBMN PROPERTIES VALLEY S{IBOIVISION RANUH DACOND HILLS IMIM.O3(NR.-- J SPORTS NEW, - 51g0: . I - e DEER TRAILS M4E DEVELOPMENT PROPERTIES DEER TRAILS 0 0.25 0.5 r_7 City Limits A Agricultural RR -1 Rural Residential R-1 Residential l R-2 Residential MH Pre -Manufactured Housing C -R Commercial Residential S cx HOLLY VISTA ANNEXATION I DEER TRAILS ut cc 3 Planning Boundary 1 Miles C-1 Commercial I-1 Light Industrial COS Civic and Open Space PUD Planned Unit Development H Hazard DR Developing Resource LSL Planning A SAFEbuilt. Company Attachment D: Pre -Annexation Agreement 1111111111111111111111( ...;111111111111 III 0111111E 681 3161681 03/15(2004 11:59A Weld County, CO 1 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder AGREEMENT TILLS AGREEMENT is made and entered into this / K'4tay of 2003, by and between JZ,M, LLC, hereinafter referred to as "Owner," and the CITYCZW'' DACONO, a municipal corporation of the State of Colorado, hereinafter referred to as "Dacono" or "City". WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Weld County, Colorado, with a street address of 42CM Weld County Road I 9, H. Lupton, CO 80621, and more particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by reference (such property is hereinafter referred to as "the Property"); and WHEREAS, the Property is located within the Urban Growth Area of the City, as identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono and the Towns of Firestone and Frederick (the `9CPA"); and W7IEREAS, Owner has submitted to Weld County an application for approval of a large - lot residential subdivision to be located on the Property, which application is pending wider Weld County Case No. S-600; and WHEREAS, as a condition of any such approval, and pursuant to the ICPA, the Owner is obligated to execute an annexation agreement with the City; and WHEREAS, the parties by this agreement desire to set forth their understanding with respect to annexation of the Property to the City; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement. NOW, 'FIIEREFORE, IN C'ONSII)ERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAF'T'ER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incnrperatio n of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions with respect to annexation of the Property to the City. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to any and all requireinents ccncdnihig annexation and development contained in the City of Dacono Municipal Code, development I illlll 11111 'I'll fill 1111 11ii illlll III VIII IIII 1111 3161681 03/1512004 11r59A Weld County, CO 2 of 7 R 3610 0 0.00 Steve Moreno Clerk & Recorder regulations, and Comprehensive Plan, and the Municipal Annexation Aci of 1965, as amended_ §31-12-101 et seq. This Agreement shall not be cunstreed to preclude further a&Fitments- concerning annexation of the Property to the City or the provision or financing of municipal services to the Property. 3. Annexaticnt. Owner shall apply for and consent to the annexation of the Property to the City when requested in writing by the City Council, so long as the Property is eligible for annexation to the City. The Owner will also sign an annexation petition, or a petition for annexation election, when requested by the City Council, and will vote for annexation to the City if an annexation election relating to the Property is held. The City agrees it will not make any request to Owner under this Paragraph sooner than four years from the date of execution of this Agreement, unless sooner permitted pursuant to Paragraph 5. 4. Property to he Annexed The Property the Owner shall annex to the City pursuant to • this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by reference, or such portion thereot•as the City may request. To facilitate any requested annexation of a portion of the Properly, Owner hereby consents to the division of the Property for annexation purposes only, to the extent such consent is required by C_R,S. §31-12-105(1). Owner shall execute additional evidence of such consent upon request by the City. 5. failure in Annex, Appointment of Attnmey-in-Rsct In the event Owner fails to annex the Properly to the City as required by this Agreement the City may, at is sole option and without otherwise limiting its legal rights, bring an action at law or equity, including an action for specifie perloirnnnce, 1.0 cnfbrce Owner's obligations hereunder. Further, Owner, for themselves, their successors, transferees, heirs, and assigns hereby irrevocably appoint the City Administrator of Dacono as Owner's lawhrl attorney -in -lad for the purpose of signing any annexation petition or petition for annexation election, lbr voting in any annexation election, and for executing any and all other documents determined by the City to he necessary for annexation of the Property to the City. 'the City Administrator shall exercise the powers under this appointment only upon written request of the City Council, and only if the Owner and/or its successors, transferees, heirs and assigns have not signed a petition for annexation within thirty (30) days alter receipt of a written request made pursuant to Paragraph 3. 'Ibis power of attorney is granted and intended to he valid for the longest period of time permitted by state statute. In the event the state statute is amended to shorten the validity of this power of attorney to a period of less than five years, the City may exercise this power of attorney at any time prior to the expiration of the validity thereof, even if within the four- year waiting period set forth in Paragraph 3. The City may also require annexation of the Property at any time in the event the Property is used for purposes other than a large -lot residential subdivision as the same is proposed or may be approved by Weld County under Case No, S-600. 2 IIIIII 11111 11111 111111 11111 iIII 111111 III 11111 1111 111 3161581 03/15/2004 11:59A Weld County, CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 6. Ohl .gationa l',ufbrscable. The parties agree that this Agreement, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and assigns to annex the Property to the City under the terms hereof 7. Annexation Documents When requested by the City, Owner shall provide at its expense a legal description, annexation petition, annexation maps, surveys, newspaper publications, and other reports and documents determined by Dacono to be necessary to accomplish the annexation of the Property to the City. Dacono shall prepare the annexation impact report. 8. Plat Note Owner shall include on any subdivision plat for the Property a note stating as follows: "The property platted herein is subject in that certain Agreement regarding annexation to the City of Dacono which is recorded at Reception No. [Rcreptinrt No_aL this Agreement willhJnsertedl of the records of the Weld County Clerk and Recorder. Such Agreement provides that the property platted herein may be annexed to the City of Dacono." 9. Legi5L,tLfsre_Discrjr❑ The ()water acknowledges that annexation of the Property is subject to the legislative discretion of the City Council of the City of Dacono. Nothing in this Agreement is intended or shah be construed to require the City to annex the Properly or to initiate any annexation proceedings relating to the l'roperty. 10. No Other Annexation Under no circumstances shall the Property be annexed to another municipality without the prior written permission of the City Council, winch may be granted or denied in the sole and absolute discretion of the City. 11. Covenants to Run_va+ith Laud/Rinding Effect This Agreement and all covenants herein touch and concern the real property described in Exhibit A and shall be covenants running with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the City, and their respective heirs, transferees, successors, and assigns. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. 12. Noiiepcal oU.aws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants. 13. Soverahilily The parties agree that if any part, term. portion, or provision of tins Agreement is held by a court of competent jurisdiction to be illegal or in conflict wilt any law of the State. of Colorado. the validity of the remaining parts, terns, portions, or provisions shah not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did-noLeontairtthe-particularpart_term,cportion, or prnvisionheld to be'invahid. 3 I111111111111111111111111111 lid111111 �� 111111111111 3161681 03/15/2004 11:59A Weld County, CO 4 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder I 4. Fuuu'e..Conperation. The Fillies agree !hat they will cooperate with one another in accomplishing the terms, conditions. and provisions of the Agreement and v, ill execntc such additional documents as necessary to (Aicctuate the same. 15. Amendment. This Agreement may be amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall he recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall he binding upon all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. 16. Entire Ltrerment. This Agreement embodies the entire agreement of the parties. There are no promises, terms, or obligations other than those contained herein, and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 17. Owner. As used in this Agreement, the tenn "Owner" shall include any of the heirs, successors, transferees or assigns of Owner, which include, but are not specifically limited to, owners of individual lots within the proposed subdivision of the Property. All such parties shall have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if they were the original parties thereto. IS. Amendments to law As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such City ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall he binding upon Owner. 19. Notice. All notices required under this Agreement shall he in u9iting and shall he hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt, All facsimile transmissions shall be effective upon transmission receipt All notices by mail shall he considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to City: City of Dacono 512 Cherry Street P.O. Box 186 Dacono, CO 80514 4 1Mill 111111111111111111111 I11111H311 1111111111111 3161581 08/10/2004 11:59A Weld County, CO 5 of 7 R 36,00 0 0.00 Steve Moreno Clerk & Recorder With copy to; Notice to Owner: Light. Harrington & Dawes, P.C. 1512 Larimer Street, #550 Denver, CO 80202 JZM, LLC 4200 Weld County Road 19 Ft. Lupton, CO 80621 20. Qmerning I aw The laws of the State of Colorado shall govern the validity, performance, and enforcement of Ibis Agreement, Should either party institute legal suit or action liar enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado, 21. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ATTEST: 5tl Nancy Elliott City Clerk CITY OF DACONO By: V /1 4L P GL at) Wade Carlson, Mayor 5 •. 1111111 1111111111111111 Ilia VIII 111111 III VIII Ili! Pill 3161681 03/15/2004 11:59A Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder O11'NER: JZM, LLC ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF /Lied )ss The above and foregoing signature of John Zadel as Manager of JZM, LLC was subscribed and sworn to before me this J5.:cG, day of �y/Gm.��c acv.zoo Witness my hand and official seal. My commission expires on: (SEAL) • 30 le -a-5 0113)2003 2:56 PM(aahl F'CampauySIYM Farda,lDacermlAmelkSaiNa0c! doe 6 MI( IIIII 111111 _,11111 hill III 1111111111111 3161691 03/1512004 11.69A Weld County, CO 7 at 7 R 36.00 D 0.00 Steve Moreno Clerk & Retorter EXHIBIT A Legal Description N i SWt SECTION 14,'TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH'Y.M., WELD- COUNTY,, COLORADO. 7 Attachment E: Annexation Agreement- ANNEXATION AGREEMENT (Distant Thunder Annexation) THIS AGREEMENT is made and entered into this day of , 2016, by and between JZM, LLC, a Colorado limited liability company, and the Distant Thunder PUD Homeowners Association, Inc., a Colorado nonprofit corporation, hereinafter referred to collectively as the "Owner," and the CITY OF DACONO, a home rule municipal corporation of the State of Colorado, hereinafter referred to as "Dacono" or "City." WITNESSETH: WHEREAS, the Owner desires to annex to Dacono the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as the "Property"); and WHEREAS, Owner has executed a petition to annex the Property, along with the public right-of-way necessary to achieve statutorily -required contiguity with the Property, a copy of which petition is on file with the City Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the City of Dacono, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Dacono as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Dacono Municipal Code, development regulations and comprehensive plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. § 31-12- 101, et seq. 3. Further Acts. Owner agrees to execute, promptly upon request of Dacono, any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the Property or any petition for an annexation election relating to the Property, except upon request of Dacono. 4. Annexation Documents. The City agrees to furnish such legal documents, surveys, engineering work, newspaper publication, maps, reports, and other work as determined by Dacono to be necessary to accomplish the annexation. The City shall prepare the annexation impact report. 5. Action on Annexation Petition. Dacono shall act upon the annexation petition within six months of the date of filing thereof with the City Clerk, unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the City is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Dacono of the annexed property within the time prescribed by state statutes. 7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the City easements and rights -of -way for streets and other public ways and for other public purposes, as required by City ordinances and resolutions. Such dedications shall occur immediately upon request of the City except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless the City specifies another time. 8. Public Improvements. Owner agrees to design, construct and convey, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the Property in accordance with City ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by City ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Dacono, to dedicate to Dacono any or all other required improvements. Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the Property. 9. 'improvement Districts. If requested by Dacono, Owner agrees to include the Property in one or more special improvement districts or other mechanisms established by Dacono for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the City Clerk of Dacono as Owner's attorney -in -fact for the purpose of executing all documents determined by Dacono to be necessary 2 for such inclusion. If requested by Owner, Dacono agrees to consider the establishment of one or more special improvement districts or other mechanisms for making such improvements. If requested by Dacono, Owner agrees to petition for inclusion of the Property into any special district capable of providing services not provided by Dacono, and Owner hereby appoints the City Clerk of Dacono as Owner's attorney -in -fact for the purpose of executing all documents determined by Dacono to be necessary for such inclusion. 10. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with, and that Owner shall comply with, all City ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to subdivision, zoning, storm drainage, utilities, and flood control. 11. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 12. Disconnection. No right or remedy of disconnection of the Property from the City shall accrue from this Agreement, other than that provided by applicable state laws. In the event the Property or any portion thereof is disconnected at Owner's request, Dacono shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 13. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, 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, portion, or provision held to be invalid. 14. Municipal Services. Dacono agrees to make available to the Property all of the usual municipal services in accordance with the ordinances and policies of the City, which services include, but are not limited to, police protection and water service. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, sanitary sewer, fire, or park and recreation services, but the Property is presently included within the service areas of and upon inclusion into such districts will be entitled to receive such services from special districts providing such services. 15. Water Rights. Owner, as a prerequisite to annexation, agrees to furnish and deliver ownership to the City the minimum water rights at such time and in such manner as required by the ordinances, resolutions and policies of the City. 3 16. Owners Association. Upon the request of the City, or if otherwise required by state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the City for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 17. Special District inclusion. As a condition of annexation, and immediately upon the request of the City, Owner shall apply for inclusion of the Property within the Northern Colorado Water Conservancy District, the St. Vrain Sanitation District, the Carbon Valley Recreation District (if the Property is not yet within one or more of these districts), and any other special districts as determined by the City. 18. Special District Exclusion. As a condition of annexation, Owner shall petition for exclusion of the Property from any special districts as determined by the City. 19. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 20. Amendment. This Agreement may be amended by the City and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the Property. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 21. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 4 22. Indemnifica€ion. Owner agrees to indemnify and hold harmless the City and the City's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney fees and court costs, which arise out of or are in any manner connected with the annexation of the Property, or with any other annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of the Property, or which are in any manner connected with Dacono's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the City's option to pay the attorney fees for defense counsel of the City's choice for, any such liability, claims, or demands. 23. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 24. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 25. Binding Affect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 26. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 27. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of Dacono. No assurances of annexation or zoning have been made to or relied upon by Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the Property herein contemplated is not taken, then the sole and exclusive remedy for the breach hereof accompanied by the exercise of such discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the City in accordance with state law, as may be appropriate. 28. Breach by Owner: City's Remedies. In the event of any default or breach by the Owner of any term, condition, covenant or obligation under this Agreement, the City Council shall be notified immediately. The City may take such action as it deems necessary to protect the public health, safety, and welfare; to protect lot buyers and home builders; and to protect the citizens of the City from hardship. City remedies include, but are not limited to: 5 (A) The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy; provided, however, that this remedy shall not be available to the City until after the affidavit described below has been recorded. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers. (B) The recording with the Weld County Clerk and Recorder of an affidavit, approved in writing by the City Attorney and signed by the Mayor or the Mayor's designee, stating that the terms and conditions of this Agreement have been breached by the Owner. Upon the recording of such an affidavit, no further lots or parcels may be sold within the Property until the default has been cured. The execution of an affidavit by the Mayor or the Mayor's designee and approved by the City Council stating that the default has been cured shall remove this restriction. (C) A demand that any security given for the completion of the public improvements be paid or honored; (D) The refusal to consider further development plans within the Property; or (E) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents, the City shall provide the Owner with ten (10) days written notice of its intent to take any action under this Paragraph, during which ten-day period the Owner may cure the breach described in said notice and prevent any further action by the City. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to City: With a copy to: City of Dacono 512 Cherry Street Dacono, CO 80514 Fax: (303) 833-5528 Light Kelly, P.C. 101 University Blvd., #210 Denver, CO 80206 Fax: (303) 298-1627 6 Notice to Owner: With a copy to: JZM, LLC 4200 Weld County Road 19 Ft. Lupton, CO 80621 and Distant Thunder PUD Homeowners Association Attn: John W. Zadel 4200 Weld County Road 19 Ft. Lupton, CO 80621 30. Election. Owner agrees it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. § 31- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 31. No 'third -Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 32. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligations contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 33. I eadings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 34. Authority and Counterparts. Each person executing this Agreement on behalf of Owner represents that he or she has been duly authorized by the person he or she represents to execute this Agreement, and has full authority to bind said party to the terms and conditions hereof. Each person executing this Agreement on behalf of the Owner warrants that he or she is a record owner of the Property or is acting in accordance with the currently valid and unrevoked 7 power of attorney of the record owner. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. OWNER: JZM, LLC By: Title: ACKNOWLEDGEMENT STATE OF COLORADO )ss COUNTY OF The above and foregoing signature of as of JZM, LLC was subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires on: (SEAL) , 2016. 8 OWNER: DISTANT THUNDER PUD HOMEOWNERS ASSOCIATION, INC. By: Title: ACKNOWLEDGEMENT STATE OF COLORADO )ss COUNTY OF The above and foregoing signature of as of Distant Thunder PUD Homeowners Association, Inc. was subscribed and sworn to before me this day of , 2016. Witness my hand and official seal. My commission expires on: (SEAL) 9 CITY OF DACONO By: Joe Baker, Mayor ATTEST: Valerie Taylor, City Clerk 6/14/2016 2:35 PM ]kmk] Rlfamno'Mnexation\Dittam Thwder\Agreement 2011.0624 doc 10 EXHIBIT A Legal Description Parcel 1: Outlots A & B and Open Space Lot, DISTANT THUNDER PUD County of Weld, State of Colorado Parcel 2: Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, DISTANT THUNDER PUD, County of Weld, State of Colorado 11 Clerk of the Weld County Bd. Of County Comm'rs P.O. Box 758 Greeley, CO 80632 Bruce Barker, Esq. Weld County Attorney 915 10"' Street Greeley, CO 80632 St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 High Plains Library District 2650 W 29'h Street Greeley, CO 80631 Weld County School Dist. RE -8 301 Reynolds Street Fort Lupton, CO 80621 Dear Sir or Madam: City of Dacono, Colorado July 13, 2016 Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, CO 80513 Fort Lupton Fire District 1121 Denver Avenue Fort Lupton, CO 80621 Town of Firestone Box 100 Firestone, CO 80520 Town of Frederick P.O. Box 435 Frederick, CO 80530 Aims Junior College PO Box 69 Greeley, CO 80632 Mountain View Fire Protection District 3561 N. Stagecoach Rd., #200 Longmont, CO 80504 Platte Valley Conservation Dist. 57 W Bromley Lane Brighton, CO 80601 Central Weld County Water Dist. 2235 2"d Avenue Greeley, CO 80631 Carbon Valley Recreation Dist. 701 5`h Street Frederick, CO 80530 Enclosed please find notification for a proposed annexation to the City of Dacono, Colorado, to be known as the Distant Thunder Annexation No. 1 through No. 9. The Public Hearing on the proposed annexation is scheduled for August 8, 2016 at 6:00 p.m., as described in the enclosed Resolution No. 16-28. Also enclosed are copies of the Petition for Annexation, the notice published July 6, 13, 20 and 27, 2016 in the Daily Times -Call, and a vicinity map for the Annexation. CITY OF DACONO, COLORADO Valerie Taylor, City Clerk cc: AJ Euckert, City Administrator Jennifer Krieger, Community Development Director 7/12/2"16 923 AM [kmkl R VDaconoAAnnexalion\Distant dhundeMNailing doc Doblic Review CC 'OCRS), PL(On(Yl/tP),CMCMW) -7/as/ Ico PLUCC,P),C,-MS (Jrr), Mo*s -1iao/aot-c0 RESOLUTION NO. 16-28 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE CITY OF DACONO, COLORADO, KNOWN AS THE DISTANT THUNDER ANNEXATION NO. 1 THROUGH NO. 9 TO THE CITY OF DACONO, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Distant Thunder Annexation Nos. 1 through No. 9 has been filed with the City Clerk of the City of Dacono, Colorado, and referred to the City Council for a determination of substantial compliance with applicable law; and WHEREAS, the City Council wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petitions; and WHEREAS, the City Council has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: Section 1. The petition, the legal description for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with C.R.S. §§ 31-12-104 and - 105 and Section 30 of Article II of the Colorado Constitution. Section 2. No election is required under C.R.S. § 31-12-107(2) or Article II, Section 30 of the Colorado Constitution. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(t)(g), -110(2) or -112, C.R.S. Section 4. The City Council will hold a public hearing for the purpose of determining if the proposed annexation complies with Section 30 of Article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petitions, at the Dacono City Hall, 512 Cherry Street, Dacono, Colorado 80514, on Monday, August 8, 2016 at 6:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, and the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the City Council will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether 1 the constitutional and statutory requirements for the proposed annexation have been met, and will further determine the appropriate zoning of the subject property if requested in the petitions. Section 7. If the City Council concludes, by resolution, that all constitutional and statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the City Council may pass one or more ordinances annexing the subject property to the City of Dacono, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOP! _ ED this 27th day of June, 2016 Mayor ATTEST: Valerie Taylor City Clerk aaxl01a 111$ PM Ikn*ItTh wmune amnIOnien 'IT ab $**Cnnp Utsdoc 2 EXHIBIT A LEGAL DESCRIPTIONS ANNEXATION PARCEL NO. 1 That certain parcel of land situated in the Southwest Quarter of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of said Section 5 as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Southwest corner of said Section 5; thence South 89°27'42" East, along the South line of Weld County Road no. 12, a distance of 59.66 feet; thence North 00°32'18 East, a distance of 30.00 feet ; thence North 89°27'42" West, along the Northerly right-of-way line of Weld County Road no. 12, a distance of 60.34 feet thence South 00°45'10" East a distance of 30.01 feet to the point of beginning. Containing 1,800 square feet or 0.041 acres more or less. ANNEXATION PARCEL 2 That certain parcel of land situated in the Northwest Quarter of Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township I North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast comer of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Northwest corner of said Section 8; thence South 89°27'42" East, along the North line of said Section 8, a distance of 148.96 feet ; thence South 00°32'18" West, a distance of 30.00 feet; thence North 89°27'42" West, along the South right-of-way line of Weld County Road no. 12, a distance of 148.736 feet; thence North 00°06'00" East, a distance of 30.00 feet to the point of beginning. Containing 4,4690 square feet or 0.103 acres more or less. 3 ANNEXATION PARCEL NO. 3 That certain parcel of land situated in the Southwest Quarter of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of said Section 5 as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Southwest corner of said Section 5; thence South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 59.66 feet to the Point of Beginning; thence continuing South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 327.90 feet; thence North 00°32'18" East, a distance of 30.00 feet; thence North 89°27'42" West, along the Northerly right-of-way line of Weld County Road no. 12, a distance of 327.90 feet; thence South 00°32'18" West, a distance of 30.00 feet the Point of Beginning; Containing 9,837 square feet or 0.226 acres more or less. ANNEXATION PARCEL 4 That certain parcel of land situated in the Northwest Quarter of Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Northwest corner of said Section 8; thence South 89°27'42" East, along the North line of said Section 8, a distance of 148.96 feet, to the Point of Beginning; thence continuing South 89°27'42" East, along the North line of said Section 8, a distance of 775.80 feet; thence South 00°32'18" West, a distance of 30.00 feet; thence North 89°27'42" West, along the South right-of-way line of Weld County Road no. 12, a distance of 775.80 feet; thence North 00°32'18" East, a distance of 30.00 feet to the Point of Beginning. Containing 23,274 square feet or 0.534 aces more or less. 4 ANNEXATION PARCEL NO. 5 That certain parcel of land situated in the Southwest One-half of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of said Section 5 as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Southwest corner of said Section 5; thence South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 387.56 feet to the Point of Beginning; thence continuing South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 1671.60 feet; thence North 00°32'18" East, a distance of 30.00 feet ; thence North 89°27'42" West, along the Northerly right-of-way line of Weld County Road no. 12, a distance of 1671.60 feet; thence South 00°32'18" West, a distance of 30.00 feet to the Point of beginning. Containing 50,1480 Square Feet or 1.151 Acres more or less. ANNEXATION PARCEL 6 That certain parcel of land situated in the North One-half of Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Northwest corner of said Section 8; thence South 89°27'42" East, along the North line of the Northwest Quarter of said Section 8, a distance of 924.76 feet, to the Point of Beginning; thence South 89°27"42" East, along the said North line, a distance of 1699.05 feet, to the Northeast Corner of the Northeast Quarter of said Section 8; thence South 89°27'42" East, along the North line of the Northeast Quarter of said Section 8, a distance of 1764.15 feet thence South 00°32'18" West, a distance of30.00 feet, to a point on the Southerly Right-of-way line of Weld County Road 12; thence North 89°27'42" West, along said Southerly right-of-way line, a distance of 3463.20 feet; 5 thence North 00°32'18" East a distance of 30.00 feet to the Point of Beginning. Containing 103,896 square feet or 2.385 aces more or less. ANNEXATION PARCEL 7 That certain parcel of land situated in a portion of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Northeast corner of the Southeast Quarter of said Section 5; thence South 00°49'10" East, along East line of said Southeast Quarter, a distance of 2653.06 feet, to the Southeast corner of said Section 5; thence North 89°27'42" West, along the South line of the Southeast Quarter of said Section 5, a distance of 2635.00 feet, to the Southwest Corner of the Southeast Quarter of said Section 5; thence North 89°27'42" West, along the South line of the Southwest Quarter of said Section 5, a distance of 564.65 feet; thence North 00°32'18" East a distance of 30.00 feet, to a point on the Northerly right-of-way of Weld County Road No. 12; thence South 89°27'42" East, a distance of 3168.93 feet, to a point on the Westerly right-of-way line of Weld County Road No. 17; thence North 00°49'10" West, along said Westerly right-of-way line, a distance of 2582.76 feet, to a point on the Southerly right-of-way line of Colorado State Highway 52; thence South 89°59'10" West, a distance of 1.06 feet; thence along the Westerly right-of-way of said Colorado State Highway No. 52, the following six (6) courses and distances: 1.) North 00°35'05" West, a distance of 483.08 feet; 2.) along the arc of a non -tangent curve to the right, having a radius of 607.00 feet, a delta angle of 11°53'35", an arc distance of 126.00 feet, and whose long chord bears North 05°08'40" West a distance of 125.77 feet; 3.) North 00°35'05" West, a distance of 642.60 feet; thence North 89°24'55" East, a distance of 40.90 feet, to a point on the East line of the Northeast Quarter of said Section 5; thence South 00°35°05" East, a distance of 1211.36 feet to the Point of Beginning. Containing 219,455 square feet or 5.038 acres more or less. 6 ANNEXATION PARCEL 8 That certain parcel of land situated in the West One-half of Section 3, portions of Section 4, the Northeast Quarter of Section 5, the Northeast Quarter of Section 8, and a portion of the Northwest Quarter Section 9, all lying in, Township l North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Southeast corner of the Northeast Quarter of said Section 4; thence South 89°59'06" West, along the South line or the Northeast Quarter of said Section 4, a distance of 1755.47 feet; thence South 00°00'54" East, a distance of 60.00 feet, to a point on the Southerly right-of-way of Colorado State Highway No. 52; thence along the Southerly right-of-way line of said Colorado State Highway No. 52 the following four (4) courses and distances: 1.) South 89°59'06" West, a distance of 886.07 feet; 2.) South 89°59'10" West, a distance of 1265.66 feet; 3.) North 82°00'50" West, a distance of 143.71 feet; 4.) South 89°59'10" West, a distance of 1206.62 feet, to a point on the Easterly right-of-way line of Weld County Road No. 17; thence South 00°49'10" East, along said Easterly right-of-way line, a distance of 2643.36 feet to a point on the Southerly Right-of-way line of Weld County Road 12; thence North 89°27'42" West, along said Southerly right-of-way line, a distance of 901.59 feet; thence North 00°32'18" East a distance of 30.00 feet to a point on the North line of the Northeast Quarter of said Section 8; thence South 89°27'42" East, along said North line, a distance of 870.85 feet, to the Southeast Corner of said Section 5; thence North 00°49'10" West, along the East line of the Southeast Quarter of said Section 5, a distance of 2653.06 feet, to the Southeast corner of the Northeast Quarter of said Section 5; thence North 00°35'05" West, along the East line of said Northeast Quarter, a distance of 1211.36 feet; thence South 89°24'55" West, a distance of 40.90 feet, to a point on the Westerly Right-of-way line of Colorado State Highway 52; thence along said Westerly right-of-way line of said Colorado State Highway 52 the following three (3) courses and distances; 1.) North 13°33'17" West, a distance of 266.40 feet; 2.) North 16°11'19" West, a distance of 389.20 feet; 3.) along the arc of a non -tangent curve to the left, having a radius of 1357.50 feet, a delta angle of 39°41'11", an arc distance of 940.28 feet, and whose long chord bears North 41°02'37" West a distance of 921.60 feet; 7 thence North 09°08'49" East, a distance of 184.75 feet; thence South 89°49'11" East, a distance of 772.24 feet thence South 89°49°14" East, a distance of 46.50 feet, to a point on the Easterly right-of-way line of Colorado State Highway 52; thence along the Easterly and Northerly right-of-way lines of said Colorado State Highway 52 the following eight (8) courses and distances; 1.) South 00°35'05" East, a distance of 1209.39 feet; 2.) South 13°44'57" East, a distance of 195.37 feet; 3.) South 15°54'55" East, a distance of 389.20 feet; 4.) along the arc of a non -tangent curve to the left, having a radius of 1357.50 feet, a delta angle of 60° 45' 53", an arc distance of 1439.69 feet, and whose long chord bears South 5I °39'06" East a distance of 1373.16 feet; 5.) South 87°22'51" East, a distance of 389.20 feet; 6.) North 89°59'10" East, a distance of 994.10 feet; 7.) North 89°59'06" East, a distance of 2546.62 feet; 8.) North 44°49'34" East, a distance of 70.50 feet; thence departing said right-of-way line, North 89°17'31" East, a distance of 74.78 feet, to a point on the Easterly right-of-way line of Weld County Road 19; thence along the Easterly right-of-way line of said Weld County Road 19 the following ten (10) courses and distances; I.) South 00°42'29" East, a distance of 125.68 feet; 2.) South 00°24'59" East, a distance of 829.87 feet; 3.) North 89°48'59" East, a distance of 30.00 feet; 4.) South 00°24'59" East, a distance of 100.00 feet; 5.) South 03°52'27" West, a distance of 401.01 feet; 6.) South 00°24'59" East, a distance of 400.03 feet; 7.) North 89°48'59" East, a distance of 15.00 feet; 8.) South 00°24'59" East, a distance of 200.00 feet; 9.) South 89°48'59" West, a distance of 15.00 feet; 10.) South 00°24'59" East, a distance of 452.60 feet; thence departing said Easterly right-of-way line South 89°35'01" West, a distance of 30.00 feet, to a point on the West line of the Southwest Quarter of Section 3; thence North 00°24'59" West, along the West Line of the Southwest Quarter of said Section 3, a distance of 2382.50 feet to the Point of Beginning. Containing 1,892,628 square feet or 43.449 acres more or less. ANNEXATION PARCEL 9 That certain parcel of land situated in the South One-half of Section 4, West One-half of Section 9, and the South One-half of Section 10 all lying in, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap 8 stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Northeast corner of the Southeast Quarter of said Section 4; thence South 00°24'59" East, along the East line Southwest Quarter of Said Section 4, a distance of 2382.50 feet; thence North 89°35'01" East, a distance of 30.00 feet, to a point on the East right-of-way line of Weld County road No. 19; thence along the East Right-of-way line of said Weld County Road no. 19, the following three (3) courses and distances; I .) South 00°24'59" East, a distance of 258.35 feet 2.) South 00°00'04" West, a distance of 2643.65 feet; 3.) South 00°00'17" East, a distance of 69.79 feet; thence along the boundaries of the Distant Thunder P.U.D. the following five (5) courses and distances; 1.) North 89°47'04 East, a distance of 2621.66 feet; 2.) North 89°48'03 East, a distance of 168.85 feet; 3.) South 00°06'25" East, a distance of 1256.95 feet; 4.) South 89°53'13" West, a distance of 169.06 feet; 5.) South 89°53'21" West, a distance of 2683.68 feet, to a point on the West right-of-way line of Weld County Road 19; thence along said Westerly right-of-way line the following ten (10) courses and distances; 1.) North 00°00'17" West, a distance of 1321.73 feet; 2.) North 00°00'04" East, a distance of 2643.70 feet; 3.) North 00e24'59" West, a distance of 510.97 feet; 4.) South 89°58'59" West, a distance of 20.00 feet; 5.) North 00°24'59" West, a distance of 350.00 feet; 6.) North 89°48'59" East, a distance of 20.00 feet; 7.) North 00°24'59" West, a distance of 1447.47 feet; 8.) North 06°08'47" West, a distance of 200.31 feet; 9.) North 00°24'59" West, a distance of 43.41 feet; 10.) North 45°20'56" West, a distance of 42.32 feet, to a point on the Southerly right-of-way line of Colorado State Highway 52; thence South 89°59'06" West, along said Southerly right-of-way line, a distance of 1676.00 feet; thence departing said right-of-way line, North 00°00'54" West, a distance of 60.00 feet, to a point on the North line of the Southeast Quarter of Section 4; thence North 89°59'06" East, along said North line, a distance of 1755.47 feet to the Point of Beginning. Contains 3,941,339 square feet or 90.481 acres, more or less. 9 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono ofthe 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 1Y s44.04% l t,..... d « Annexation to the City of Dacono. As part of this petition, your petitioners further state to the City Council that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Dacono. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be contiguous with the City of Dacono 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 City of Dacono. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. e. No land within the boundary ofthe 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. £ 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 1 hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j. The territory proposed to be annexed is 143.08 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(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks , aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1. 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 City of Dacono but is not bounded on both sides by the City of Dacono. 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 2 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 pan or all of the area is platted, the boundaries and the 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 City of Dacono 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 City of Dacono, except for general property taxes of the City of Dacono, which shall be come effective as of the January I next ensuing. 6. the zoning classification requested for the area proposed to be annexed is (NJS4M.T( The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Dacono Municipal Code within ninety (90) day from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the City of Dacono to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the City, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the City. 8. If required by the City, an annexation agreement has been or will be executed by the petitioners herein and the City of Dacono relating to this annexation and the 3 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 City, appear on the annexation map: a. Water rights shall be provided pursuant to City ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the City of.Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: 4 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 City of Dacono, Colorado, consisting of 9 pages, including this page and that each signature thereon was witnessed by your af'fiant and is the true signature of the person whose name it purports to be. Circulator ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF L eied )ss The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this /DndayofJt(,yl¢_ .20W. My commission expires on: MEUSA HANSFORD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074038862 MY COMMISSION EXPIRES OCT.14, 2019 (SEAL) Witness my hand and official seal. Notary Public teSqg Address FF. Lupltn fl ) .et t 102'1 5 • 0 a • o a C 0 O .C R y O s w C ci 'O C '-15 4s O L\ O VI ' • o O. a O O. c • 4) p .O 2° o v` -To o 0 H 4) 0 a) • 0. o >- O 4v 4) °• C' X OS a) ¢ U go O \`' .44 N O H p y ¢• b oD F G 3 O N IA 44 w O 4! F. C O O ; 0. 14 0- 0 in y0 0 ovi 6 : 1- A 03121/2(1169:12 AM Commitnn:m tau: 5110 -1 -'05 -13245 -383 - Attached Legal Description Parcel I: Outlots A & B and Open Space Lot. DISTANT THUNDER PUD, County of Weld. State of Colorado Parcel 2: Lots I, 2, 3. 4, 5. 6, 7,8and9, DISTANT' THUNDER PUD, County of Weld, State of Colorado Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. A1110,1.4% 'AS,, 11.14 ��I ��• ANNEXATION PARCEL NO. 1 That certain parcel of land situated in the Southwest Quarter of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of said Section 5 as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Southwest corner of said Section 5; thence South 89°27'42" East, along the South line of Weld County Road no. 12, a distance of 59.66 feet; thence North 00°32'18 East, a distance of 30.00 feet ; thence North 89°27'42" West, along the Northerly right-of-way line of Weld County Road no. 12, a distance of 60.34 feet thence South 00°45'10" East a distance of 30.01 feet to the point of beginning. Containing 1,800 square feet or 0.041 acres more or less. ANNEXATION PARCEL 2 That certain parcel of land situated in the Northwest Quarter of Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township I North, Range 67 West, as bearing North 00°35'05" West, between the Fast Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Northwest corner of said Section 8; thence South 89°27'42" East, along the North line of said Section 8, a distance of 148.96 feet ; thence South 00°32'18" West, a distance of 30.00 feet; thence North 89°27'42" West, along the South right-of-way line of Weld County Road no. 12, a distance of 148.736 feet; thence North 00°06'00" East, a distance of 30.00 feet to the point of beginning. Containing 4,4690 square feet or 0.103 acres more or less. ANNEXATION PARCEL NO. 3 That certain parcel of land situated in the Southwest Quarter of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of said Section 5 as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Southwest corner of said Section 5; thence South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 59.66 feet to the Point of Beginning; thence continuing South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 327.90 feet; thence North 00°32'18" East, a distance of 30.00 feet; thence North 89°27'42" West, along the Northerly right-of-way line of Weld County Road no. 12, a distance of 327.90 feet; thence South 00°32'18" West, a distance of 30.00 feet the Point of Beginning; Containing 9,837 square feet or 0.226 acres more or less. ANNEXATION PARCEL 4 That certain parcel of land situated in the Northwest Quarter of Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Northwest corner of said Section 8; thence South 89°27'42" East, along the North line of said Section 8, a distance of 148.96 feet, to the Point of Beginning; thence continuing South 89°27'42" East, along the North line of said Section 8, a distance of 775.80 feet; thence South 00°32'18" West, a distance of 30.00 feet; thence North 89°27'42" West, along the South right-of-way line of Weld County Road no. 12, a distance of 775.80 feet; thence North 00°32'18" East, a distance of 30.00 feet to the Point of Beginning. Containing 23,274 square feet or 0.534 aces more or less. ANNEXATION PARCEL NO. 5 That certain parcel of land situated in the Southwest One-half of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of said Section 5 as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Southwest corner of said Section 5; thence South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 387.56 feet to the Point of Beginning; thence continuing South 89°27'42" East, along the South line of the Southwest Quarter of said Section 5, a distance of 1671.60 feet; thence North 00°32'18" East, a distance of 30.00 feet ; thence North 89°27'42" West, along the Northerly right-of-way line of Weld County Road no. 12, a distance of 1671.60 feet; thence South 00°32'18" West, a distance of 30.00 feet to the Point of beginning. Containing 50,1480 Square Feet or 1.151 Acres more or less. ANNEXATION PARCEL 6 That certain parcel of land situated in the North One-half of Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the Fast line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Northwest corner of said Section 8; thence South 89°27'42" East, along the North line of the Northwest Quarter of said Section 8, a distance of 924.76 feet, to the Point of Beginning; thence South 89°27"42" East, along the said North line, a distance of 1699.05 feet, to the Northeast Corner of the Northeast Quarter of said Section 8; thence South 89°27'42" East, along the North line of the Northeast Quarter of said Section 8, a distance of 1764.15 feet thence South 00°32'18" West, a distance of 30.00 feet, to a point on the Southerly Right-of-way line of Weld County Road 12; thence North 89°27'42" West, along said Southerly right-of-way line, a distance of 3463.20 feet; thence North 00°32'18" East a distance of 30.00 feet to the Point of Beginning. Containing 103,896 square feet or 2.385 aces more or less. ANNEXATION PARCEL 7 That certain parcel of land situated in a portion of Section 5, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Commencing at a the Northeast corner of the Southeast Quarter of said Section 5; thence South 00°49'10" East, along Fast line of said Southeast Quarter, a distance of 2653.06 feet, to the Southeast corner of said Section 5; thence North 89°27'42" West, along the South line of the Southeast Quarter of said Section 5, a distance of 2635.00 feet, to the Southwest Corner of the Southeast Quarter of said Section 5; thence North 89°27'42" West, along the South line of the Southwest Quarter of said Section 5, a distance of 564.65 feet; thence North 00°32'18" East a distance of 30.00 feet, to a point on the Northerly right-of-way of Weld County Road No. 12; thence South 89°27'42" East, a distance of 3168.93 feet, to a point on the Westerly right-of-way line of Weld County Road No. 17; thence North 00°49'10" West, along said Westerly right-of-way line, a distance of 2582.76 feet, to a point on the Southerly right-of-way line of Colorado State Highway 52; thence South 89°59'10" West, a distance of 1.06 feet; thence along the Westerly right-of-way of said Colorado State Highway No. 52, the following six (6) courses and distances: 1.) North 00°35'05" West, a distance of 483.08 feet; 2.) along the arc of a non -tangent curve to the right, having a radius of 607.00 feet, a delta angle of 11°53'35", an arc distance of 126.00 feet, and whose long chord bears North 05°08'40" West a distance of 125.77 feet; 3.) North 00°35'05" West, a distance of 642.60 feet; thence North 89°24'55" East, a distance of 40.90 feet, to a point on the Fast line of the Northeast Quarter of said Section 5; thence South 00°35°05" East, a distance of 1211.36 feet to the Point of Beginning. Containing 219,455 square feet or 5.038 acres more or less. ANNEXATION PARCEL 8 That certain parcel of land situated in the West One-half of Section 3, portions of Section 4, the Northeast Quarter of Section 5, the Northeast Quarter of Section 8, and a portion of the Northwest Quarter Section 9, all lying in, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Southeast corner of the Northeast Quarter of said Section 4; thence South 89°59'06" West, along the South line or the Northeast Quarter of said Section 4, a distance of 1755.47 feet; thence South 00°00'54" East, a distance of 60.00 feet, to a point on the Southerly right-of-way of Colorado State Highway No. 52; thence along the Southerly right-of-way line of said Colorado State Highway No. 52 the following four (4) courses and distances: 1.) South 89°59'06" West, a distance of 886.07 feet; 2.) South 89°59'10" West, a distance of 1265.66 feet; 3.) North 82°00'50" West, a distance of 143.71 feet; 4.) South 89°59'10" West, a distance of 1206.62 feet, to a point on the Easterly right-of-way line of Weld County Road No. 17; thence South 00°49'10" East, along said Easterly right-of-way line, a distance of 2643.36 feet to a point on the Southerly Right-of-way line of Weld County Road 12; thence North 89°27'42" West, along said Southerly right-of-way line, a distance of 901.59 feet; thence North 00°32'18" East a distance of 30.00 feet to a point on the North line of the Northeast Quarter of said Section 8; thence South 89°27'42" East, along said North line, a distance of 870.85 feet, to the Southeast Corner of said Section 5; thence North 00°49'10" West, along the East line of the Southeast Quarter of said Section 5, a distance of 2653.06 feet, to the Southeast corner of the Northeast Quarter of said Section 5; thence North 00°35'05" West, along the East line of said Northeast Quarter, a distance of 1211.36 feet; thence South 89°24'55" West, a distance of 40.90 feet, to a point on the Westerly Right-of-way line of Colorado State Highway 52; thence along said Westerly right-of-way line of said Colorado State Highway 52 the following three (3) courses and distances; 1.) North 13°33'17" West, a distance of 266.40 feet; 2.) North 16°11'19" West, a distance of 389.20 feet; 3.) along the arc of a non -tangent curve to the left, having a radius of 1357.50 feet, a delta angle of 39°41'11", an arc distance of 940.28 feet, and whose long chord bears North 41°02'37" West a distance of 921.60 feet; thence North 09°08'49" East, a distance of 184.75 feet; thence South 89°49'11" East, a distance of 772.24 feet thence South 89°49°14" East, a distance of 46.50 feet, to a point on the Easterly right-of-way line of Colorado State Highway 52; thence along the Easterly and Northerly right-of-way lines of said Colorado State Highway 52 the following eight (8) courses and distances; 1.) South 00°35'05" East, a distance of 1209.39 feet; 2.) South 13°44'57" East, a distance of 195.37 feet; 3.) South 15°54'55" East, a distance of 389.20 feet; 4.) along the arc of a non -tangent curve to the left, having a radius of 1357.50 feet, a delta angle of 60° 45' 53", an arc distance of 1439.69 feet, and whose long chord bears South 51°39'06" East a distance of 1373.16 feet; 5.) South 87°22'51" East, a distance of 389.20 feet; 6.) North 89°59'10" East, a distance of 994.10 feet; 7.) North 89°59'06" East, a distance of 2546.62 feet; 8.) North 44°49'34" East, a distance of 70.50 feet; thence departing said right-of-way line, North 89°17'31" East, a distance of 74.78 feet, to a point on the Easterly right-of-way line of Weld County Road 19; thence along the Easterly right-of-way line of said Weld County Road 19 the following ten (10) courses and distances; 1.) South 00°42'29" East, a distance of 125.68 feet; 2.) South 00°24'59" East, a distance of 829.87 feet; 3.) North 89°48'59" East, a distance of 30.00 feet; 4.) South 00°24'59" East, a distance of 100.00 feet; 5.) South 03°52'27" West, a distance of 401.01 feet; 6.) South 00°24'59" East, a distance of 400.03 feet; 7.) North 89°48'59" East, a distance of 15.00 feet; 8.) South 00°24'59" East, a distance of 200.00 feet; 9.) South 89°48'59" West, a distance of 15.00 feet; 10.) South 00°24'59" East, a distance of 452.60 feet; thence departing said Easterly right-of-way line South 89°35'01" West, a distance of 30.00 feet, to a point on the West line of the Southwest Quarter of Section 3; thence North 00°24'59" West, along the West Line of the Southwest Quarter of said Section 3, a distance of 2382.50 feet to the Point of Beginning. Containing 1,892,628 square feet or 43.449 acres more or less. ANNEXATION PARCEL 9 That certain parcel of land situated in the South One-half of Section 4, West One-half of Section 9, and the South One-half of Section 10 all lying in, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado more particularly described as follows; Assuming the East line of the Northeast Quarter of Section 5, Township 1 North, Range 67 West, as bearing North 00°35'05" West, between the East Quarter corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 38345 and the Northeast corner of said Section 5 as monumented with a no. 6 rebar and a 2-1/2" aluminum cap stamped by LS 24305, with all bearings contained herein relative thereto; Beginning at a the Northeast corner of the Southeast Quarter of said Section 4; thence South 00°24'59" East, along the Fast line Southwest Quarter of Said Section 4, a distance of 2382.50 feet; thence North 89°35'01" East, a distance of 30.00 feet, to a point on the East right-of-way line of Weld County road No. 19; thence along the East Right-of-way line of said Weld County Road no. 19, the following three (3) courses and distances; 1.) South 00°24'59" East, a distance of 258.35 feet 2.) South 00°00'04" West, a distance of 2643.65 feet; 3.) South 00°00'17" East, a distance of 69.79 feet; thence along the boundaries of the Distant Thunder P.U.D. the following five (5) courses and distances; 1.) North 89°47'04 East, a distance of 2621.66 feet 2.) North 89°48'03 East, a distance of 168.85 feet; 3.) South 00°06'25" East, a distance of 1256.95 feet; 4.) South 89°53'13" West, a distance of 169.06 feet; 5.) South 89°53'21" West, a distance of 2683.68 feet, to a point on the West right-of-way line of Weld County Road 19; thence along said Westerly right-of-way line the following ten (10) courses and distances; 1.) North 00°00'17" West, a distance of 1321.73 feet; 2.) North 00°00'04" Fast, a distance of 2643.70 feet; 3.) North 00°24'59" West, a distance of 510.97 feet; 4.) South 89°58'59" West, a distance of 20.00 feet; 5.) North 00°24'59" West, a distance of 350.00 feet; 6.) North 89°48'59" East, a distance of 20.00 feet; 7.) North 00°24'59" West, a distance of 1447.47 feet; 8.) North 06°08'47" West, a distance of 200.31 feet; 9.) North 00°24'59" West, a distance of 43.41 feet; 10.) North 45°20'56" West, a distance of 42.32 feet, to a point on the Southerly right-of-way line of Colorado State Highway 52; thence South 89°59'06" West, along said Southerly right-of-way line, a distance of 1676.00 feet; thence departing said right-of-way line, North 00°00'54" West, a distance of 60.00 feet, to a point on the North line of the Southeast Quarter of Section 4; thence North 89°59'06" East, along said North line, a distance of 1755.47 feet to the Point of Beginning. Contains 3,941,339 square feet or 90.481 acres, more or less. PAGE 2C • WEDNESDAY, JLLY E, 2015 • LONGMONT11. ECRU. 2500 PA{ N0l . I I halt hate CIF (IACONO. 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