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Home My WebLink About20162600.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR16-0015 - KENNETH AND RANA BACHMAN, CIO TANNER HILL Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 8/2/2016) C. Planning Services PowerPoint Presentation D. City of Longmont Letters from the City of Longmont Attorney E. Planning Department Continuation Request Property Owner - F. Bachman's Supporting Documentation G. Cathy Bryarly Letter of Concern H. Weld County Conservation Easement document and supporting docs City of Longmont Definition of Agricultural Use (Longmont MuniCode) J Aryn Scarbrough K L. M. O. P Q. R. S T U V W Letter of Opposition, dated 9/9/2016 2016-2600 ar'n gs ..-iii ;ig was property' wit) pe. hearU CounN P! in jng Commission and WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (UP TO 75 DOGS, SIX (6) MONTHS OF AGE OR OLDER TO INCLUDE DOGGIE DPYOARE AND BOARDING), IN THE A (AGRICULTURAL) ZONE DISTRICT EXHIBIT r >!l aa I Sam _ an IS_ a -_-S s-ra War -ARV 'SAM. aaa- - a- a `7 L r a r•— — a.naaa-Aran- - Wa WAS _ lass as V I i aaa as s sr "a t a- -r - an. 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Sin Ism«teafl•-WE ��ii1R-aa�_a .s -' ass all 7 Sala • 1 1 la1 Si 1a• f KAlona ' ' r iara'r t "anal a_aa� a®a• aaa- �s Ina I�a �• tea. *ear a i r�� Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on 14; at: I22 cip Board of County Commissioner Hearing will be held on Applicant: kG Ft A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (UP TO 75 DOGS, SIX (6) MONTHS OF AGE OR OLDER TO INCLUDE DOGGIE DAYC-ARE AND BOARDING), IN THE A (AGRICULTURAL) ZONE DISTRICT Case Number: 'AR %.-0016 Acres. '}"/.. FOR `//FURTHC-�- INFORMATION PLEASE CONTACT AT THE WELD COUNTY DEPARTMENT OF PLANNING SER CES, AT 970-353-6100, ext_ _S For Additional Infomiati. t visit www_weldcountyplanningcases.org ATTrrf)O e. Proposer, Collodion c at:gel rn rn r c: bin not ►+nknt to the niJ V7b ? of olto..oMe r - + 'M1c openmesr, sunnitasCM ex bild.on erofoOo Atrm.t itself C' f orr sat"n ro rhon.�r c 11 . . . iqy y. 9 C ord C �rrC o,s, .0 telsrwt and r++yle suorslaf C«nryCyn„�„y„�,ttn. twangs Evidence of Sign Planting • • .11_ 1 • _ f• _ .. M • !tIlllll r :.f r r _ _t -a°1 .106- east can Coun ` i ad 20.5 Y .'View from -site loo -king west pon County Road 20.5 View from site looking north adjacent to east property line Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Kim Ogle Thursday, August 18, 2016 12:42 PM Dan Wolford Erin Fosdick; David Bell; Karla Ford; Tisa Juanicorena; Esther Gesick RE: Tanner Hill Land use Hearings Letter to Weld County Commission_Signed.pdf Dan I will forward the letter to the Clerk to the Boards office for inclusion in the case file, USR16-0015, Tanner Hill Karla and Tisa Please add this letter as an exhibit to the case file. If you have questions, please call or email. Thanks! Kim Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.400.3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. AThink Green - Not every email needs to be printed From: Dan Wolford [mailto:Dan.Wolford@longmontcolorado.gov] Sent: Thursday, August 18, 2016 12:17 PM 1 To: Kim Ogle <kogle@co.weld.co.us> Cc: Erin Fosdick <Erin.Fosdick@longmontcolorado.gov>; David Bell <David.Bell@longmontcolorado.gov>; Dan Wolford <Dan.Wolford@Iongmontcolorado.gov> Subject: RE: Tanner Hill Land use Hearings Kim If I provide you this letter from our City Attorney will you make certain it gets to the Commissioners? Daniel Wulford, Land Program Administrator City of Longmont / Public Works and Natural Resources 7 So. Sunset St., Longmont, CO. 80501 303 774-4691 ( Office) 303 809-9752 (Cell) From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, August 11, 2016 7:05 AM To: Aryn Scarbrough Cc: Anne Hansen; Cathy Bryarly Subject: Tanner Hill Land use Hearings Hello Aryn, The land use case USR16-0015 for Tanner Hill is scheduled for Wednesday August 31 at 10:00AM in the Administrative Offices Hearing Room, 1150 "O" Street. On this date, as there are only three Commissioners present, the case will be continued for one week or until September 7, 2016 at 10:00AM in the same location with all five Commissioners present. The hearing location and general format will remain the same as at the Planning Commissioners hearing. If you have additional concerns or questions please contact me at 970 400 3549 Thank you 2 Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.400.3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 alk—.1 ilktialLkft et i L____ J .- Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. P Think Green - Not every email needs to be printed 3 CITY ATTORNEY'S OFFICE 350 Kimbark St. Longmont, CO 80501 303-651-8619 • Fax: 303-651-8614 • www.Iongmontcolorado.gov August 17, 2016 RE: Land Use Case No. USR16-0015 To the Board of County Commissioners of Weld County: I write to state the City of Longmont's opposition, on legal grounds, to an application for a kennel on the north side of County Road 20.5 and half a mile east of County Road 1. The City owns a conservation easement on this land which clearly prohibits such a kennel. The County Department of Planning Services and the County Attorney's Office appear to agree. The Land Use Application Summary Sheet presented to the Planning Commission explains that the application "very likely does not meet the purposefully restrictive covenants of the easement" (p. 3). In other words, the application would violate the City's property rights. The City has attempted to explain this to the applicant. The attached letter to the applicant's attorney sets out the law in more detail. The City therefore requests that the County deny this application as incompatible with the plans of an affected municipality and because this conversion of agricultural land is incompatible with the region. §§ 22-2-20.G.2, 23-2-220.A.4. The City has planned for this land to be agricultural or single-family residential, which under the City's code would preclude the application. § 15.10.020, L.M.C. (defining agricultural use). Furthermore, the Coordinated Planning Agreement between the County and the City provides that the County "will not approve" an application that raises a "conflict or incompatibility between proposed uses in the development and anticipated municipality zoning classification for the property" unless specific exceptions apply. § 19-14-50.C.7. The purpose of this Agreement is to "move toward greater coordination in the exercise of their land use and related regulatory powers within unincorporated areas surrounding the municipality." § 19-14-30. That purpose applies here. Accordingly, the City asks that this application be denied. Should any doubt remain about the conservation easement's prohibition of the applied -for use, it is respectfully requested that the Commissioners consult with the County Attorney's Office. Sincerely, Daniel E. Kramer, Assistant City Attorney CITY ATTORNEY'S OFFICE 350 Kimbark St. Longmont, CO 80501 303-651-8619 • Fax: 303-651-8614 • www.longmontcolorado.gov July 14, 2016 Judson C. Hite 250 Arapahoe, Ste. 300 Boulder, CO 80302 Dear Mr. Hite: I write in response to your letter of June 29, 2016. As you note, the City owns a Deed of Conservation Easement in Gross on the land you describe, dated October 17, 2013 and recorded in Weld County at rec. no. 3989854. This Conservation Easement is clear that "the parties intend to preserve the Property in its present form and prohibit further development on the Property, except as expressly permitted in the Easement" (1). It then "limit[s] the uses of the Property, in perpetuity, to single-family residential and agricultural uses." Id. ¶ 1. So, if a use of the property is not agricultural or single-family residential, it would violate the Conservation Easement. This is true regardless of whether the structure itself would meet County building codes. See id. ¶ 2. Terms in contracts are to be assigned their "plain and ordinary meaning." Thompson v. Maryland Cas. Co., 84 P.3d 496, 501 (Colo. 2004). Even when a term is ambiguous, the place to look for clarification is not a zoning code, but a lay dictionary. Id. at 507. Agriculture means agriculture: "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." Agriculture, MERRIAM-WEBSTER.COM (July 12, 2016). The City's code likewise defines an agricultural use as "the growing of food or fiber products (including plowing, tilling, seeding, cultivating, harvesting, temporary storage, and the use of best management practices), the grazing or raising of livestock, sod production, nurseries, and Christmas tree plantations." § 15.10.020, L.M.C. (2016). Nowhere does the Conservation Easement define all uses by special review in a Weld County agricultural zoning district as "agricultural." These uses include race tracks, drive-in theaters, golf courses, airports, junkyards, landfills, multi -family dwellings, prisons, research laboratories, heavy manufacturing, and distilleries. § 23-3-40, W.C.C. (2016). The parties clearly intended the Conservation Easement to prevent such uses on the subject property. The City will oppose attempts to expand uses on the property beyond single-family residential and agricultural uses. Sincerely, Daniel E. Kramer, Assistant City Attorney MEMORANDUM To: Board of County Commissioners From: Kim Ogle Subject: Request for Continuance, USR16-0015 Date: August 31, 2016 Board of County Commissioners The Department of Planning Services is requesting this case be continued until September 7, 2016 to allow for the full Board of County Commissioners to be present. This continuance was approved by Commissioner Cozad, Planning Coordinator. Applicant Kenneth and Rana Bachman do Tanner Hill; 11774 Quail Road, Longmont, CO 80501 Request: A Site Specific Development Plan and Special Review Permit for a kennel (up to 75 dogs, six (6) months of age or older to include doggie daycare and boarding), in the A (Agricultural) Zone District Legal Lot 1 Bachman Conveyance Plat, being part of NW4 of Section 18, T2N, R68W of the Description: 6th P.M., Weld County, CO On behalf of the Department of Planning Services, we request your support with this request. SERVICE, TEAMWORK, INTEGRITY, QUALITY EXHIBIT E U5KIlo-0/.6 Ken & Rana Bachman • • • 1762 EDGEWATER PL LONGMONT, CO 80504 September 5, 2016 Board of Weld County Commissioners Commissioner Freeman Commissioner Conway Commissioner Cozad Commissioner Kirkmeyer Commissioner Moreno RE: September 7, 2016 Hearing Docket #2016-68, PL2436, continued from August 31, 2016 Tanner Hill (Kenneth and Rana Bachman) Dear Commissioners: I (Ken) will be out of town on business September 7, 2016 so will not be able to attend the hearing; however, my wife Rana, will be in attendance for questions and clarifications related to our property located at 465 WCR 20 'A, which is the subject of the September 7, 2016 hearing. In advance of this hearing we wanted to provide the Commissioners with a brief history of our property which Tanner and Sarah Hill currently have under contract. In July of 2007 we purchased the 465 WCR 20 %2 property with the intent of building our personal residence. When we purchased this parcel it was approximately 2 1/4 acres of agriculturally zoned property, with a Left Hand Water meter, an abandoned farm house and a large Quonset building located on it. Shortly after purchase we removed the farm house and Quonset building in anticipation of building our residence. This parcel is bordered on the North, East and West by open space the City of Longmont purchased in 2000 and on the south by Weld County Road 20 V2. The open space is farmed by the Schlagel family under a farm lease with the City of Longmont. The Schlagels' farming operation also includes approximately 1/3 of the eastern portion of our lot under no farming lease. Additionally, the Schlagels' irrigation shutoff valves and an access road used by the City of Longmont, various Oil and Gas Companies and the Schlagels is located on the east side of our property. Since the purchase of the property in 2007, we have continued to allow both the farming and access road use with no compensation to us. In preparation of building our residence we met with Dan Wolford (City of Longmont Parks and Open Space Manager) and Paul Schlagel (farmer), in January 2008, to discuss the removal of the Schlagels' irrigation structures, closure of the access road and the termination of farming operations on our property. After a brief discussion Mr. Wolford asked if we would be interested in moving the east boundary of the property just west of the access road and irrigation valves (approximately 100 feet west) and attaching this area to the north of our property. Additionally, Mr. Wolford offered to exchange approximately 3/4 quarters of an acre of the City Open Space Property on the west side of our parcel (which was not being farmed and was wasteland) to us in exchange for a conservation easement on the entire new parcel (approximately 3 acres) which is referred to as Lot 1. Shortly after this January 2008 meeting, we contacted Mr. Wolford and told him we agreed to moving our lot boundaries and adding an additional 3/4s of an acre to our property in exchange for a conservation easement. At the time we believed this was the most efficient approach to getting the property ready for us to build on and provide us with more acreage to work with. This would Page 2 also eliminate the removal of the Schlagel's irrigation valves and termination of the access road and farming activities since the City of Longmont would now own this parcel. What we, the Bachman's, were unaware of is that it would take the City of Longmont until February 9, 2015 (7 years) to finally get the lot line adjustments completed and filed with Weld County only to have Weld County reject the filings for inaccurate names and legal descriptions (see Bachman Weld County Rejection of Filing Notice attached). Turns out Rana's middle initial was missing from the Lot 1 legal and the Final Plat submitted and approved by the City of Longmont for Lot 1 actually had us owning both lots 1 and 2 (3.9 acres) instead of just Lot 1 (3 acres). So after 7 years we not only owned an additional 3/4 of an acre, but the original .9 acres that was to be transferred to the City. Upon receipt of this rejection notice we contacted the City of Longmont to have it corrected. After getting no response from the City on correcting this matter, we finally just paid to have a Quit Claim Deed prepared and filed, transferring Lot 2 (.9 acre) to the City and a Warranty Deed prepared and filed correcting Rana's name on the Lot 1 filing. These filings took place in January 2016 (eight years after our initial meeting with the City of Longmont). In short, had the lot lines been adjusted immediately after our January 2008 meeting the process would have most likely been accomplished in a very reasonable time and we would have pulled permits from Weld County and built our residence. However, since the attention to our lot line adjustments was delayed for a variety of reasons (unrelated to the Bachman's) the process basically took 8 years. The result of this delay required the City to follow a more complex path to achieve the lot line adjustments which included (but not limited to) the following: 1) file a motion to annex the property to the City of Longmont 2) file a Minor Subdivision Request in order to divide our lot into two parcels and then transfer a parcel to the City of Longmont (see attached) 3) file a motion to deannex the property from the City of Longmont Each of the above steps delayed our plans and increased our frustration. We had to attend way too many planning meetings and discussions, Public Hearings, Council Meetings and other communications via telephone and email just to move lot lines. This process had to be concluded before we could apply for building permits and prepare architectural drawings as we had no idea what we owned. Bottom -line, we finally got fed up with the City's process and just moved on from our dreams of building a residence on this beautiful piece of property. So this spring we decided to put the property on the market and Tanner and Sarah Hill put a contract on it March 6, 2016. Conclusion Previously we prepared a letter (see attached) of our thoughts regarding the Hill's use of this property for their dog facility, which we believe is absolutely perfect for this area and is a compatible use with the surrounding neighborhood. Our understanding is that the City of Longmont is opposed to this use based on our entering a conservation easement with the City. When we entered the agreement with the City we did not discuss in detail what was allowed or not allowed on the property. The easement basically limited multiple structures not to exceed 15,000 square feet and have no impact on the surrounding neighborhood. Based on our limited knowledge of the Hill's plans and the requirements imposed by Weld County it would appear that their plans meet both of these requirements. Structures less than 15,000 square feet and no impact to the surrounding neighborhood/area. The location of the Hill's structures will be so far removed from the City's bike and hiking trails that it won't even be noticed. I have seen no evidence presented from the City that the Hill facility would have a negative impact on the City's open space. Page 3 Additionally, we understand that the City of Longmont has voiced their disappointment that we did not contact the City or the Schlagel Family to purchase the lot prior to listing it, which frankly, we are under no obligation to do so. We did however speak with Paul Schlagel, after we listed the property, who in turn discussed the possible purchase with his family and they decided at this time not to. We don't know how this has any relevance on the Hill's matter but we wanted to respond to it since the City brought it up at a prior hearing. Lastly the City expressed their concerns over the fact that they paid for all costs associated with the lot line adjustments. Our reply to that is the conservation easement was the City's idea and frankly if the City had taken care of the lot line adjustments in 2008 they would have greatly reduced their cash outlay. Also, what the City fails to report is that if they did not do the lot line adjustments they would have had to move the access road and the Schlagels' irrigation valves from our lot which most likely would have required at least the same, if not more, expenditure of cash. One last item before we close. In 2006 we were notified that the City of Longmont was in discussions of putting a gun range to the north and west of our lot. We have to ask how a gun range meets the open space defmition and a dog kennel fails to qualify under the conservation easement definition.? See the attached emails of communication to us regarding these discussions. We think the last quote from Mr. Wolford sums it up "if they don't have to pay for the land it would be a steal". It is apparent to us that City of Longmont's motivation requires them to receive something in return before they will agree to do anything. Bottom -line, the City of Longmont has presented no justifiable reason to oppose the Hill's request and we believe personal opinions are driving the City's opposition. We thank you for your time and consideration. Ken & Rana Bachman 303-550-4642 K cell 303-579-4642 R cell Kenneth L. & Rana A. Bachman 1762 Edgewater Place Longmont, Colorado 80504 cell 303-550-4642 ken@ldbcpa.com June 2, 2016 To Whom it May Concern RE: Tanner & Sarah Hill Property located at 465 CR 20.5, Longmont, CO 80504 Dear Sir/Madame: We am writing to provide our opinion of Tanner and Sarah Hill constructing a kennel on the property located at 465 CR 20.5, Longmont, CO 80504. In our opinion this approximately 3 acre rural property would be the perfect location for a kennel facility. Based on the Hill's plans this property provides them with the location and space necessary to contruct a state of the art facility and would be an asset to the surrounding area. Since the Hills have a history of operating their kennels on a professional and responsible level we see no reason this would change in the future. If there are any questions or anyone would like to further discuss this matter with us please do not hesitate to contact us.. Respect ly Ke r & Rana Bachman Bachman Parcel Vicinity Map Legend City OS Fee City OS Conservation Easements Futute City Open Space Ell Longman City Parks City Water EYpanrdon 1-kgh Plain Preserve Longmont GolfCovses a \rain State Park SOCO P&OS State Highway fib Bachman Conservation Easement and the Conveyance of Open Space Land Snit aac$DS E:hange Parcel tr:. ;_'''; lc Bat, -an approx 1 s a:rss Weld County Road 20 112 City will receive a Conservation Easement over the entire 3 acres Bachman tot ;3aar-'an rota: ire s:ze 2 5 acres Ater eAchange :Yift to arora,. 3 acres R Exchange Parcel fro- Bads -an to the Cit} amok 1 ache Adjusted I FINAL PLAT tlillgatEEMELAIL \\ • • / ...... / ti i m I I n..n I €3 Witt • ne.w.wv urrorri mv"'w urr. = crcuricArc wanmeran Arcrr— .wnu ma Y-"--vxm BACHMAN MINOR SUBDIVISION MINOR SUBDIVISION OF LOT "A' AND A PART OF LOT "Br RE3229 LOCATED IN THE N1/2 OF SECTION 1B, T2N, R6BW OF THE 6TH P.M.,000NTY OF VELD, STATE OF COLORADO AREA = 3907 ACRES, MORE CH LESS. SHF£J I OF 2 °WINN' r,k7 w UP ass °6grul M.°BOY L -On.w nom uc rwwuc i l E6taePeOxu „nrznmu.x '�➢ECIFcr 44 Le EMUS, Sea AGrsFd9R PI nor. APPRO. .. CCIVIVILA.n Is FINAL PLAT N£f/4y SEC. 13 • d I SE1/4, SEC. 13 rOIL * Ca` a lMl.a1:T -xs Coo....,�s v q.ca�,mn w`<o «°w iw°iaa I.,rt ,* I NWT/4, sit 18 •.. t< &Va Mt' Nee•Id31'E eer maw - eN'173/w 0 ..'4171:;41:111.,,,,, S.a1C •� ' ...ow, :nan' ..:.aces%.-, ..., KID COUNT OP ^ROAOMNo. ?D-!/2 '` 11/4 OWL SIAS OI 1 Rk ,wr or .i ro..s.c., Sw w 08 Y•i ,Tt3 1 nUL" N. N. It SWT/4, SEC. TB 001. ta, a 01 i,S ma v+' 6 I:e 6er0071%>."17.'LS Is 91711,1 , O MAm kml.II Lt' ..".:•"4. 142 =V IOW BACHMAN MINOR SUBDIVISION MINOR SUBDIVISION OF LOT "A" AND A PART OF' LOT "B" RE3229 LOCATED IN THE N1/2 OF SECTION 18, T2N, R88W OF THE 6Th P.M., COUNTY OF VELD, STATE OF COLORADO AREA . 1007 ACRES WORE OR LESS. .. -. SNEYT20f2 a+ _r taco.^ �f2r NE1/4, SEC. 18 Sa010'06"E ./ nendleY On, IruYn .6.,0140.421 .ma ar anae.MI su'Iv;ew ..• d a., ,3axs • -,90123,4. 110, tl u�,O"rili �iu.s . rc"7w x7.6” WT/2, SE1/4, SEC. 18 ens Items E1/2, NET/4, SEC. 18 t11,.OM .ar* 144 ot ra ISO E1/2, S£1/4, SEC. 18 I , ,--••• nn ml. NC is ap art wv ,r .It»r `.. atvr. ::..... WT'.. W ',Ai,* n. £71..). t%IYILFq rs "��' 02/19/2015 KENNETH L AND RANA BACHMAN 1762 EDGEWATER PL LONGMONT CO 80504E Dear Taxpayer, OFFICE OF THE WELD COUNTY ASSESSOR PHONE (970) 353-3845, EXT 3650 FAX (970) 304-6433 WEBSITE: www.co,weld,co.us WELD COUNTY ADMINISTRATIVE OFFICES 1400 N 17 AVE GREELEY CO 80631 Account #: R6786093 & R6786092 Reception #: 4081859 &4081860 Recorded Date: 02/09/2015 At this time our office is unable to change record of ownership for property assessment and taxation purposes. The information on your document is inconsistent according to our records. ❑ No legal description of the property n Incomplete/Incorrect legal description of the property ❑ incorrect Grantor(s)/Seller(s) ® Other: GRANTOR NAMES NEED TO BE FULLY SPELLED OUT AND INCORRECT LEGAL DESCRIPTION Please seek advice from a Real Estate Professional or the person who prepared your document. Enclosed is a copy of your document mentioned above. Sincerely, SELENA MENDOZA Weld County Assessor, Transfer Deparin _ lent 4081859 Pages: 1 of 4 02/09/2015 t2:21 PM R Fee:$25,00 0 Fee:$0,00 Carly Koppers, Clerk and Recorder, Weld County, CO IlilEirriNilli11.1ffifi:IMIAILLIMiniMWtii,Iy1 II Ill WARRANTY DEED THIS DEED, made thi s*f day o 14, between Kenneth L. and Rana Bachman, whose mailing address is 1762 Edgewater Place, Longmont, CO 80504, Grantee(s), and the CITY OF LONGMONT, whose legal address is Civic Center Complex, 350 Kirnbark Street, Longmont, Colorado 80501, of the County of Boulder, State of Colorado, Grantor(s): WITNESSETH, That the Grantor(s), for and in consideration of the sum of Ten and 00/100ths Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A also known by street and number as: n/a TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, in its present as is condition; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee(s), their heirs and assigns forever. And the Grantor(s), for themselves, their heirs and personal representatives, do covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, fill! power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from, all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: All matters of record The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, subject to matters of record now existing, The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. [remainder of page intentionally left blank; signatures on following pages] 1 L +RRANIER'Pheo�uanesstioee aeaheu AimedstipmGerier4 Wirracry Dead • City to a«einto,doca 4081859 Pages: 2 aF 4 02/09/2015 12:21 P11 R Fee:$26 @0 D Fee: Carly Koopes, Ciark erid Raaord r, We County. O • fr{CP.ltLiiifilloilil '�'Fari l'liI %N,r a�h� r�, mP ill SIGNED AND SEALED BY GRANTEES this'day of 04---, 2014 d Rana Bachman eth L. Bachman STATE OF COLORADO ) ss COUNTY OF BOULDER The foregoing instrument was acknowledged before me this day of rite444 , 2014, by Kenneth L. and Rana Bachman. WITNESS my hand and official seal. _ded, Notary Public My commission expires S5,PriogP1. 5 4104 Address: Qa9q Boy Lk) /NO sv a, P Q 55O [signatures and notary acknowledgements continue on following page] 2 L:•,.KRAhilirTlaaningvwoecatiooa\Boelftn a kaaauaba•Caalrtl W sooty Deed - Crty $o Bechrtens.JocI CAROL R MEYER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134063446 MY COMMISSION E PIR ES SEPTEMBER 5, 2017 4081859 Pages: 4 of 4 02/99/2015 12:21 PM R Fee:$25.08 D Fee:$0,00 Carly. Kappe5, C1.e:k a.nd Recorder. WeId County, CO 11/1/2010 EXHIBIT A Legal Description ENG LANt SURVEYING, INC. P.O. Box 908 Lyons. CO $0540 Phone: 303-823-5451 Fax: 303-823-5871 enp+andsurveyingo?a0 oem Z.. if 11 J LEGAL DESCRIPTION LONGMONT TO I3ACHMAN 1,4 ACRES. MORE OR LESS, A PORTION OF LAND LOCATED IN THE NORTH Ya OF SECTION 18, T2N, R68W OF TfIE 6111 P.M., WELD COUNTY. COLORADO. HEARINGS ARE BASED ON THE SOUTH LINE OF THE N.W. !A OF SECTION IS, T2N, R68W ANT) ARE ASSUMED AS BEARING. N88 " 10'28"E, WITH ALL OTHER BEARINGS HEREIN RELATIVE THERETO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 'A OF SAID SECTION 18; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION ION I R. N00 10'I t"W. 30.00 FEET TO A POINT ON THE NORTHERLY ROW OF WELD COUNTY ROAD 20.5; THENCE ALONG SAID NORTHERLY ROW, S88 10'28"W, 268.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY ROW, SW 10'28"W, 80,00 FEET; THENCE LEAVING SAID NORTHERLY ROW. N01 '49'50"W, 369.65 FEET; THENCE N811'10'28'7, 358.91 FEET TO A POINT ON SAID NORTH -SOUTH CENTERLINE OF SAID SECTION; THENCE ALONG SAID NORTH -SOUTH CENTERLINE, 800' 10'1 I"E, 113.93 FEET TO A PO1N1' ON THE NORTH LINE OF LOT ACE RE 3229; THENCE ALONG SAID NORTH LINE, S88' 10'28"W, 275.61 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT A OF RE 3229, S01' 49'S0"E, 255.76 FEET TO THE TRUE POINT OF BEGINNING, SAID PORTION OF LAND CONTAINING 1.404 ACRES, MORE OR LESS. DATE 00820810006\11571876.2 EXHIBIT A-1 IhI�1111i1I11tih+�I��I11r+111'1'111+111i�r+tll�Itllllul11�i11 CITY CLERKS OFFICE ATTN: SARA RUSHER 350 K1MBARK ST LONGMONT CO 80501 r M 4081859 Pages: 3 of 4 02/0812015 12:21 PM R Fee:$25. 0 A Fee'$0.00 Ca,•Ly Kappg�, Cle"k and Recorder, Weld County, C4 flll r A A.:4101lN iititr,,Ii lit 4Nh, P Mk 1.4 till SIGNED AND SEALED BY CITY OF LONGMONT this d day of By: ATTEST: CITY CLERK APPROVED AS TO FORM: MAYOR ASSISTANT CITY ATTORNEY APPROVED AS TO CONTENT: ORIGINAt'ING DEPARTMENT 3 LANAMERkflanaing‘Amerstwiliaserium Am+eutibm kaar Warmly need • Ceyto Bechmam.3oaa 4081860 Pages: 1 of 4 62/es/2e15 t2;2t Pi R Fse:$2fi.®g i7 Fee:$0.09 Carly Kopbes, Clerk and Recorder, Weld County, CO 111 MAIM )1003% !LA' letf hYii 1 ' - WARRANTY DEED THIS DEED, made thin day o 4...)2014, between Kenneth L. and Rana Bachman, whose mailing address is 1762 Edgewater Place, Longmont, CO 80504, Grantor(s), and the CITY OF LONGMONT, whose legal address is Civic Center Complex, 350 Kimbark Street, Longmont, Colorado 80501, of the County of Boulder, State of Colorado, Grantee(s): WITNESSETH, That the Grantor(s), for and in consideration of the sum of Ten and 00/100ths Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, iiiito the Grantee(s), their heirs acid itssigtis fort, all the teal litopefty, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A also known by street and number as: n/a TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, in its present as is condition; TO HAVE AND TO. HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee(s), their heirs and assigns forever. And the Grantor(s), for themselves, their heirs and personal representatives, do covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from, all former and other grants, bargains, sales, liens,. taxes, assessments, . encumbrances and restrictions of whatever kind or nature soever, except: All matters of record The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, subject to matters of record now existing, The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. [remainder of page intentionally left blank; signatures on following pages] I LAKRANSRTIsmiareksientiogtilidthmat nor Deroax nt %miry mat- Waal=m Cry.m« 4081860 Pages: 2 of 4 HarkY9K2Oves,12:2 k Pnd: Recorder 2Weld ouF€e:$ .OF} «l MINT k 114eA , ilVi SIGNED AND SEALED BY GRANTORS this, day of 04711146.<2014 Kenneth L. d ' : a Bachman Ke eth L. Bachman Rana Ba hrnan STATE OF COLORADO COUNTY OF BOULDER } ) ss } The foregoing instrument was acknowledged before me this 31041day of Of -a-04 , 2014, by Kenneth L. and Rana Bachman. WITNESS my hand and official seal. My commission expires 3f ' 17 Notary Public Address: ..4 eArrA c. RAY itioaso a, ex, eassv [signatures and notary acknowledgements continue on following page] CAROL R MEYER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134053448 MY COMMISSION EXPIRES SEPTEMBER 5, 2017 2 L:,KRAMER'.PiaroleAmexatioaskBachmsa Amnexatiou Gaac 1 Warn ay Deed • Bectmaa.m Citr•deca 4081850 Pages; 4 of 4 82/er`9t/■2616 re 12:21 PM R�tFee:`$26 00 D F(((en:s1,00011111 EIC 11 f �l fllef•'f+ �11 � n EXHIBIT A Legal Description ENGLAND SURVEYING, EMC- P_O. Bbot SOS Lyons, CO 80540 Phone: 303-823-5461 Fax: 393-823.5871 englandsurvey+n9otdol. con1 11/1/2010 LEGAL DESCRIPTION! EASTERLY PORTION OF LOT A, RE 3229 A PORTION OF LAND LOCATED IN THE NORTH V7 OF SECTION 18, T2N, R68W OF THE 6TH P.M. WELD COUNTY, COLORADO. BEARINGS ARE BASED ON THE SOUTH LINE OF THE N.W. V. OF SECTION 18, T2N, R68W AND ARE ASSUMED AS BEARING, N8810'28"E, WITH ALL OTHER BEARINGS HEREIN RELATIVE THERETO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 'A OF SAID SECTION 18; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18, NO 0 -10' 11"W, 30.00 FEET TO A POINT ON THE NORTHERLY ROW OF WELD COUNTY ROAD 205, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE, N00 10'11"W, 255.87 FEET; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE, NSS' 10'15-E, 150,84 FEET; THENCE SO1' 49'45"E, 255.76 FEET TO A POINT ON THE SAID NORTHERLY ROW OF WELD COUNTY ROAD 20.5; THENCE ALONG SAID NORTHLERY ROW, S88' 10'15"W, 158.25 FEET TO THE TRUE POINT OF BEGINNING, SAID PORTION OF LAND CONTAINING 0.907 ACRES OR 39„526,845 SQUARE FEET, MORE OR LESS. ti RIC. k' ,• #4.15,29475 ac DATE 008208\0006\11571176.2 EXHIBIT A-i II1I1I1rll1l'IIIa(III'IIII1f11IIIhIII'nl11I1'IIIIIIIIIIuIIhli" CITY CLERKS OFFICE ATTN: SARA RUSHER 350 KIMBARK 5T LONGMONT CO 80501 4@81860 Pages: 3 of 4 Carly Koppes, Clerk and @2/II09/2015 12:21 PMld County, CO i�Willie FFee:�$26.D D Pee:$L.r SIGNED AND SEALED BY CITY OF LONGMONT this , Id day of r ,U c , 201/ By: ATTEST: 96140,A 81). CITY CLERK APPROVED AS TO FORM: 61.11,0 z 4‘,0 MAYOR ASSISTANT CITY ATTORNEY APPROVED AS TO CONTENT: ORIGIN I'ING DEPARTMENT 3 L: CRAMER'PhmtinBWnnrsnimiSictrun Annexation \Gageral Wsnuny O •8eehmamm Citydoct Ken Bachman From: Ken Bachman ken@klbcpa.com> Sent: Monday,. December 14, 201,5 12:17 PM To: kabernathy@coloescrow.com Cc: ken@klbcpa.com Subject: FW: Bachman Deeds Attachments: 2015 WCR 20 1&2 Weld County Rejection.pdf Kelley Attached is the notice we received from Weld County. After you have reviewed please give me a call and we can discuss what needs to be done. Thanks Ken From: Ken Bachman. [maitto:ken[ klbcpa.com} Sent: Thursday, March 05, 2015 12:23 PM To: `Ava Pecherzewski' <Ava.Pecherzewski@longmontcolorado.gov> Cc: kabernathy@coloescrow.com Subject: RE: Bachman Deeds Kelley attached is the Weld County Rejection notice we received and the related documents. When you get a chance could you let me know what they did not like regarding the legal description. The grantor name it appears Rana's middle initial A is missing. Thanks Ken From: Ave Pecherzewski [mailto:Ava.Pecherzewski@longmontcolorada.gov] Sent: Friday, February 27, 2015 3:44 PM To: ken@klbcpa.com Subject: FW: Bachman Deeds Ken, for your records, attached are the recorded deeds. Ava From: Sara Rusher Sent: Friday, February 20, 2015 2:52 PM To: Ava Pecherzewski Cc: Linda Fowler Subject: Bachman Deeds Please see attached. Thank you for your patience! Have a wonderful weekend! Sara Rusher City of Longmont City Clerk's Office Records Manager 1 303-651-8648 sara.rusherPLongmontColorado.gov FFnew email address :70 Please consider the environment before printing this email. 2 FINAL PLAT BACHMAN CONVEYANCE PLAT CONVEYANCE PLAT OF LOT "A" AND A PART OF LOT "B" RE3229 LOCATED IN THE N1/2 OF SECTION 18, T2N, R6BW OF THE 6TH P.M.,COUNTY,MOF-.WELD, STATE OF COLORADO AREA = 3.907 'ACRES, MORE OR LESS. EET70F2 Avowed /NCGU,'S le / ��J C�?a Z RAW WATER POUCY. UT1LUTY PLAN AND EASEMENT APPROVAL "a Pea/10100 NIS UTT IS INNSHAVE COMPUANCE WITTHE V DY OF UTILITY NAW RR POWATER. AND THE d INAL UTILITY PLANS HAVE BEEN APPROVED. UTILITY EASEMENTS FOR WATER. SANITARY �:q EWER AND ELECTRIC FACILITIES ARE ADEQUATE AS SHOWN. 4 T PO AND COM WIC TIONS thbei 4Wit FIRE APPROVAL fE PLAT NAV BEEN APPROIrED. / 410 /it '°II hE PARKS AND OPEN SPACE APPROVAL iE PLAT HAS BEEN APPROVED. ARIES AND OPEN SPACE PUBLIC WORKS APPROVAL IE PLAT HAS BEEN APPROVED. i i IBUC WORK tO N N GMON T A TION '9 NT D 74 SET #5 REBAR- W/ 2" ALUM CAP MKD "LS 25379" NO1 49'47 W 369.65' 70NE L C i REBAR ALUM CAP "LS 25379" S8810'31 'W 348.19' 0 0 0 0 8 0 1J 0 SET #5 REBAR W/ 2" ALUM CAP • N8810'31 "E MKD "LS 25379" 358.91' '�!lti'M ZONE C N88'10'18"E FND (2) #5 REBARS CI5 N5810.31%, ^ 15Q.84' w/ NO CAPS SET #i REBAR W/ 4 275.61' S0149'42"E 2' ALUM CAP MKD C LOT 2 LOT 1 0.907 255.76' `LS 25379' a 3.000 '�° ACRES± paw or BEGINNING [l P . a ,j ACRES± ioN N S88'1 Q'18"W _ N. R.O.W. LINE 4C/ z , 158.25' f CITY OF LU/V CL ZONE. P W1 /2, NE1/4, SEC. 18 2M.19' WELD COUNTY ROAD No. 20-1/2 (80' RIGHT-OF-WAY)' FND #5 REBAR w/ 1-1/2" ALUM CAP MKD "LS 16406" 0.10'N & 0.12'E 'FL A T TED NT VIEW FARM, LLC M ZONE C PpNTaF rathinitrAdirtir C1/4 COR. SEC. 18 FOUND #6 REBAR W/ 2.5" ALUM. CAP MKD "PLS 25379 2010" LOT "A" RECORDED EXEMP 77C NO. 1,373-78---2. • sow -1 (10,57 /PE— "E ._322 113.93 7 KENNETH L & D #5 REBAR f RANA A. BACHMAN W/ 2" ALUM CAP MKD "LS 25379" 0.01'$ & 0.01'W N0090'0S"W 30.01' S UBD V'S! SB810'18"W 1315.2 FND #5 REBAR W/ 1-1/2" ALUM CAP MKD "LS 16406" 0.04'N & 0,18'E W LINE SEr/4, SEc. 18 LJNP RECNIER i AN F V V ice_ L D C 0 UN ZONE: A Property Report Page 1 of 1 WELD COUNTY Property Report PROPERTY PORTAL Technical Support (970) 304-6432 Account R6786092 September 4, 2016 1 Doc� I sale Reception Rec Date Type Grantor Grantee 3 Fee I She Date 1 Price BACHMAN BACHMAN 4000206 03-05-2014 PLT CONVEYANCE CONVEYANCE 0.00 02-10-2014 0 PLAT PLAT BACHMAN 4182788 ' 02-23-2016 WDN KENNETH L; BACHMAN RANA A LONGMONT CITY OF j I 0.00 01-26-2016 I 0 4 { inciliolV Pio porrai4104 pftev -1O calforWiola olfictitod eovvilim1/446K lgoOlfit Pcitt5(to'f J.)1(2 critopicivoizif&x <OP P)tic1)Mfat?) Copyright O 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account-86786092 9/4/2016 Property Portal - Map Search Displaying 1 • 1 jotal: 1'I 0 rn 0 https://www.co.weld.co.usimaps1/propertyportalnacet=R6786092 QUITCLAIM DEED THIS DEED, dated this 26'x' day of January, 2016, between Kenneth L. Bachman and Rana A. Bachman, Also known as Kenneth L. and Rana Bachman of the County of Weld and State of Colorado, grantor(s), and Kenneth L. Bachman and Rana A. Bachman whose legal address is 1762 Edgewater Place, Longmont, CO 80504 , of the County of Weld and State of Colorado , grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten dollars and noll00 ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM, unto the grantee(s), his heirs and assigns forever, as joint tenants, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as fol lows: Lot I, Bachman Conveyance Plat, Recorded March 5, 2014 as Reception No. 4900206, County of Weld, State of Colorado. also known by street and number as: TO HAVE AND TO HOLD die same, together with all and singular the appurtenances and privileges thereunto belonging, ar in anywise thereunto appertaining, all the estate, right, title, interest and claim whatsoever of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. r J.f IN WITli S W REOF, the grantor(s) has executedttfis ed on the te-set fqrth al ve. .t neth L. Bachman State of Colorado ) ) ss. County of Boulder ) Rana A\ Bachman The foregoing instrument was acknowledged before me this yt$ `day of January, 2016, by Kenneth L. Bachman and Rana A. Bachman, My Commission expires: q 1fyIi CAROL R MEYER NOTARY PUBLIC Witness my hand and official seal. Notary Public STATE OF COLORADO NOTARY ID 20134053446 MY COMMISSION EXPIRES SEPTEMBER 5, 2017 QUITCLAIM 0555) rima linber Property Report Page 1 of 1 WELD COUNTY Property Report (ROPERTY PORTAL Technical Support (970) 304-6432 Account R6786093 September 4, 2016 Reception Rec Date Type Grantor Grantee 4000206 I 03-05-2014 I PIT 4182787 02-23-2016 QCN Doc Fee BACHMAN BACHMAN CONVEYANCE CONVEYANCE 0.00 PLAT PLAT BACHMAN KENNETH L WELD 12-30-2005 COZ COUNTY ZONING BACHMAN KENNETH L Case: AG ZONING A 0.00 0.00 Sale Date Pie 02-10-2014 0 01-26-2016 ` 0 Adifykev rap Wtowtr cavicriegovzs# 7o air �'fr�,4crl6,0 Copyright © 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreportco_weld.co.usl?accoanrR6786093 9/4/2016 https://www.co.weld.co,us/mapsl/propertyportaPacct—R 6786093 5uo-pel OOZD1 : IMM 1Icr:1 O A {i Ie1od1 i . T 6ulhelder4 • C 3 2 3. gams chnni - l and ,Suadoad CO WARRANTY DEED THIS DEED, made this 26th day of January, 2016, between Kenneth L. Bachman and Rana A. Bachtnan, whose mailing address is 1762 Edgewater Place, Longmont, CO 80504, Grantor(s), and the CITY OF LONGMONT, whose legal address is Civic Center Complex, 350 Kimbarl< Street, Longmont, Colorado 80501, of the County of Boulder, State of Colorado, Grantee(s): WITNESSETH, That the Grantor(s), for and in consideration of the sum of Ten and 00/100ths Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A Also known by street and number as: n/a NOTE: THIS DEED GIVEN TO CORRECT ERRORS IN GRANTORS' NAMES AND THE LEGAL DESCRIPTION IN THAT DEED RECORDED FEBRUARY 9, 2015 AT RECEPTION NO. 4081860. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, in its present as is condition; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee(s), his heirs and assigns forever. And the Grantor(s), for themselves, their heirs and personal representatives, do covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from, all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: All matters of record The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, subject to matters of record now existing. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. [remainder of page intentionally left blank; signatures on following pages] 1 SIGNED AND SEALED BY LANDOWNER this X day of January, 2016, Ke ncth L. Bachman STATE OF COLORADO ) ss COUNTY OF BOULDER Rana A. Bachman j{r The forgoing instrument was acknowledged before me this '0- day of January, 2016, by Kenneth L. Bachman and Rana A. Bachman. WITNESS my hand and official seal. My Commission expires CAROL R MEYER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134053446 MY COMMISSION EXPIRES SEPTEMBER 5, 2017 Notary Public Address: �Z? L,4*;0 4 . (, ? C3 O`�5O 2 LEGAL DESCRIPTION Lot 2, Bachman Conveyance Plat, Recorded March 5, 2014 as Reception No. 4000206, Weld County, Colorado. Also known as: EASTERLY PORTION OF LOT A, RE 3229 A PORTION OF LAND LOCATED IN THE NORTH 'A OF SECTION 18, T2N, R68W OF THE 6r" P.M., WELD COUNTY, COLORADO. BEARINGS ARE BASED ON THE SOUTH LINE OF THE N.W. '/ OF SECTION 18, T2N, R68W AND ARE ASSUMED AS BEARING, N88 10'28"E, W CCH ALL OTHER BEARINGS HEREIN RELATIVE THERETO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT. THE CENTER 'A OF SAID SECTION 18; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18, N00" 10' I I"W, 30.00 FEET TO A POINT ON THE NORTHERLY ROW OF WELD COUNTY ROAD 205, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE, N00 10'11"W, 255.87 FEET; THENCE LEAVING SAIL) NORTH -SOUTH CENTERLINE, N88 10' 15"E, 150.84 FEET; THENCE 501 ' 49'45-E, 255.76 FEET TO A POINT ON THE SAID NORTHERLY ROW OF WELD COUNTY ROAD 20.5; THENCE ALONG SAID NORTHEELY ROW, S88' 10'15"W,15825 FEET TO THE TRUE POINT OF BEGINNING, SAID PORTION OF LAND CONTAINING 0.907 ACRES OR 39,526.845 SQUARE FEET. MORE OR LESS. Ken Bachman ‘ap Aft.16t sw eavioq,3) From: Sent: To: Subject: Dan_Wolford@ci.longmont.00.us Monday, February 06, 2006 2:45 PM ken@klbcpa.com RE: Status of Gun Range Hard to say, but if they don't have to pay for the land...this would be a stealth! Daniel Wolford Open Space and Trails Superintendent 303 774.4691 (office) 303 809.9752 (cell) "Ken Bachman" ken@klbcpa.com> 02/06/2006 02:55 PM Please respond to <ken@klbcpa.com> To <Dan_Wofford@ci.fongmont.co.us> cc Subject RE: Status of Gun Range Thanks Dan - Do you think they would seriously think of putting a range on this parcel? Ken Original Message From: Dan_Wolford@ci.longmont.co.us [mailto:Dan_Wolford@ci.longmont.co.usj Sent: Monday, February 06, 2006 2:30 PM To: ken@klbcpa.com Subject: RE: Status of Gun Range That's correct. Daniel Wolford Open Space and Trails Superintendent 303 774.4641 (office) 303 809.9752 (cell) 1 "Ken Bachman" <ken@klbcpa.com> 02/06/2006 02:27 PM Please respond to <ken@klbcpa.com> Dan, To <Dan_Wo(ford'@ci.longmont.co.us> cc Subject RE: Status of Gun Range Thanks for the update. We are actually in the process of purchasing the lot from Don Sherwood and should have that competed ii the next 2 weeks. As far as the 2 parcels referred to in your memo is one of them the NE corner of Clzi and 20 1/2 west of our lot? Thanks Ken Original Message i=rom: ban_Woiford@ci.iongmont.co.us [mailto:Dan_Wolford@ci.longmont.co.us] Sent: Monday, February 06, 2006 12:47 PM To: ken@klbcpa.com; pschlfarms@aol.com Subject: Fw: Status of Gun Range Just thought I'd share this with you. Daniel Wolford Open Space and Trails Superintendent 303 774.4691(office) 303 809.9752 (cell] ---- Forwarded by Dan Wolford/Longmont on 02/06/2006 12:51 PM Steve Olander/Longmont 02/06/2006 12:40 PM To Dan Wolford/Longmont@Longmont cc Don Bessler/Longmont@Longmont, Mike 2 Butler/Longmont@Longmont Subject Re: Status of Gun Range(Document link: Dan Wolford) Both are still under consideration. Brad Schol and Erin Fosdick in Planning have developed an evaluation matrix to weight the pros and cons of the two parcels. Most recently we met with the city attorney's representative (Rourke) to update and obtain the latest status on the two parcels as well as thoughts on how best to proceed. Erin has been working with Weld County to pull together as much info as She can about the potential impacts that the Distel/Camas parcel might have to deal with and I believe she is still gathering some of the final data on the Weld County concerns. As well as the MUD for I believe it was Frederick that comes all that way west. We were going to meet with the city manager, et al, this afternoon to provide an update to the evaluation process, however, the meeting will be rescheduled for later this week or next depending on schedules. 3 Ken Bachman From: To: Cc: Subject: Hi Ken, Ava Pecherzewski Ava.Pecherzewski@ci.longmont.co.us> WIN yr, S ptsg w. 23, 2U13 1:1.:05 AM ken@klbcpa.com Brad Schol; Dan Wolford FW: Subdivision Map and timelines Pairof,1 VT./Lori'≤1 lit I wanted to follow up with you on the annexation stuff. I have you on the October agenda for Planning Commission. I wanted to touch base and check in regarding your future plans for the property. it is our understandinthat once the lot line re !at is completed, You will }1e rec uestina to Jeannex and,you�wilLbe o btairsiitnabuildin�a, permits for your house from ice. b..Aa JA�3wcs,p Weld County, Is that stil ourfan? The Cdoes not plan to_p_rovide anytility services to t p�ooerty uaon nn .xati — including LPC electrical service or water service to our ro ert nor were _se,..49.11a12. to have yomrlrokerty suvitched Qut.SQ. Mtn View Fire to Longmont. I st want to rrrake sure that o�urs(an is to amour buildi g r i s.fr. WOA If that is still the plan then we will proceed with a Conveyance Plat because then you won't be on the hook for raw water payments ($153k), but no development would be allowed either. Once you de -annex then you are free to develop the property in Weld with the agreed -upon size limitations in the CE. Thanks in advance and I look forward to hearing from you. Regards, Ava Pecherzewski, /MCP Senior Planner City of Longmont Economic Development Dept. 385 Kimbark Street Longmont, CO 80504 303.651.8735 ava,pecherzewskl@ci.longmont_eo.us From: Ava Pecherzewski Sent: Thursday, June 27, 2013 3:09 PM To: ken@ kl bcpa. tom Cc: Brad Schol; Dan Wolford Subject: Subdivision Map and timelines Hi Ken, Thanks for dropping off your petition yesterday. Sorry I missed you; I was on the phone with a customer when you dropped by. I am attaching a copy of the subdivision map that we believe is what was agreed to previously. Please take a look at it and if you want your surveyor to look at it, let me know if you see anything amiss. Otherwise, this is the subdivision map we were planning to go with after we get the annexation processed. I need to route the annexation map to our other folks here at the city (water/sewer, electric, fire, etc) to ensure that they don't see anything problematic with the annexation (shouldn't be an issue but we do have to give them time to look at the map). Once that's completed, I'll get you on the Planning Commission calendar. We've got a lot on our agendas this summer so I'm looking a'E a September nieding of 13lanning Commission_ live got to get notices out to a 750-tt radius so this gives me some time to develop a map and get ownership contact info to send notices. 1 After the September meeting of P/Z, I will get this on the calendar for the first statutory compliance review on city council sometime in early October. The 1st reading of the ordinance would take place 2 weeks after that, so mid -October, and then the 2nd reso of statutory compliance and 2nd reading of the annexation ordinance would fall on the end of October or beginning of November, depending on the Council schedule, Meanwhile, Dan Wolford needs to get an executed Conservation Easement from you. I believe he's working on that and will send that your way after our attorney's office reviews it. I will need an executed conservation easement before I can record the subdivision map. We still have some time on that, since I can't do the plat until you are annexed. My hope is that staff can review the plat in the Fall while the annexation is winding through, so that we are ready to record the plat once the annexation is recorded. I'm keeping my fingers crossed to get that recorded by end of or mid -November. Ava Pecherzewski, AICP Senior Planner City of Longmont Economic Development Dept. 385 Kimbark Street Longmont, CO 80504 303.651.8735 ava.pecherzewski@ci.longmont.co.us 2 Tisa Juanicorena From: Sent: To: Subject: Kim Ogle Wednesday, September 07, 2016 6:48 AM Esther Gesick; Karla Ford; Tisa Juanicorena Tanner Hill Land Use Hearings Good morning, I am reviewing the documents received and determined one letter from property owner residing on CR 20.5 did not make it into your correspondence files. This is the email that was received, and a copy of the same provided to you on August 31, 2016. Please add to the case file. Thanks as always. From: Cathy Bryarly [mailto:clb557@yahoo.com] Sent: Thursday, August 11, 2016 11:29 AM To: Kim Ogle <kogle@co.weld.co.us> Cc: Aryn Scarbrough <arynscarbrough24@gmail.com>; Anne Hansen <octobersunrise@mesanetworks.net>; David.Bell@longmontcolorado.gov; Dan Wolford<dan.wolford@longmontcolorado.gov>; Emily Greenwood <egreenwood@bouldercounty.org> Subject: Re: Tanner Hill Land use Hearings kim, I just don't even know how to respond to this. I could not take off work on August 2 because I had two work commitments. (I am a sheriffs deputy for Boulder County). I was able to take off work on August 31 and now you are saying it will be continued to September 7, another day I have a work commitment at that exact same time, something I absolutely can't change. I'm sure you hear this from people all the time. But I'm sure it's also how things like this kennel get pushed through. I should have called you sooner to ask this question but I will ask it now. How is this even happening? Anne Hansen knew this property was annexed into the city of Longmont, and Aryn said it was somehow un-annexed? Or partially annexed and then un-annexed? How is that even possible? And how can land be zoned agricultural or residential and then someone can just obtain a permit that it ISN'T? If this goes through I have some very serious and valid concerns about traffic. This is not a quiet country road. It is a highway. The corner of County Road 1 and 20.5 is already far too busy and needs a stoplight or a temporary stoplight right now because of excess traffic due to construction on 119, which is set to take another year. And it doesn't matter that the kennel wouldn't be built for a year, because the amount of traffic we see now will just be the norm in a couple of years even with 119 open. So who is going to pay for the turn lanes that need to be installed in front of the property in question? Weld County? Shouldn't it be Hill who has to pay for it? Or will Weld County just allow that corner to become a dangerous mess and hope people avoid driving that way? Please let me know if there is any way I can be heard. Cathy Bryarly 303-746-4729 1 3989854 Pages: 1 of 9 01/14/2014 10 52 AM R Fee $51 00 S!eye Moreno C:e-k and Recorder Weld Cou"tr '4 ■i�� 1�1r aN �;��«�:i li.r� �� At MI II DEED OF CONSERVATION EASEMENT IN GROSS This Deed of Conservation Easement in Gross, hereinafter referred to as the "Easement", is granted by Kenneth L. Bachman and Rana A. Bachman whose legal address 1 762 Edgewater PI. Longmont, CO 80504, hereinafter referred to as "Grantor", on the tr.' of g gl QC/a% , 2013, to the City of Longmont, a municipal corporation, hereinafter referred to as "Grantee" or "City." WHEREAS, Mr. Donald Sherwood has filed a Recorded Exemption No. 1313-18-2- RE 3229, of a Parcel of land located in the West %2 of the NE '/a and the NW 1/4 of Section 18, Township 2 North, Range 68 West of the 6`h P.M., County of Weld, State of Colorado, to create Lot A, also known by street and number as 465 Weld County Road 20.5, Longmont, CO 80504, that he subsequently conveyed to Grantor for a residential building lot; and WHEREAS, the parties to this agreement intend to adjust the common boundaries between the residential building lot (Lot A) and adjacent land owned by Grantee, and, to that end, Grantor has submitted an Annexation Petition to the City, which the City plans to accompany with a Conveyance Plat; WHEREAS. the Conveyance Plat would increase the acreage of Grantor's property. changing it from the land described in Exhibit A (the "Original Property") to the overlapping land described in Exhibit B (the "Boundary -Adjusted Property") (collectively, the `'Property"), both exhibits being attached hereto and made a part hereof; and WHEREAS. the Conveyance Plat would decrease the acreage of Grantee's property; and WHEREAS, the parties intend to preserve the Property in its present form and prohibit further development on the Property, except as expressly permitted in this Easement. NOW, THEREFORE, in consideration of an exchange of land and of the mutual covenants contained herein, Grantor does hereby convey to Grantee this Easement, an immediately vested interest in real property defined by Colorado Revised Statutes Sections 38- 30.5-101 et seq., and consisting of the rights hereinafter enumerated. over and across the Property . I he terms of the Easement are as follows: 1 I_ SE OF TI lii PROPERTY. The purpose of this Easement is to limit the uses of the Property, in perpetuity, to single- family residential and agricultural uses. The development of the Property shall be limited to one single-family residence and structures accessory to the residential and agricultural uses of the Property provided that the combined square footage of all structures on the Property shall not exceed 15,000 square feet. L KRAMER Parts & Open Spue,(tmsersatton Easements Bachman Loeser%anon FasemeneRe'tsed Hinman C.snsenatinn Easement fnal. Mean Inc.. 3989854 Pages: 2 of 9 01/14/2014 10.52 AM R Fee:$51.00 Ste.e Moreno Clerk and Recorder Weld County CO I ' Plea P +Iw,:+i s1#11 k ihit kJ, it in 2. CONSTRUCTION OF BUILDINGS AND OTHER STRUCTURES. At the time of the execution of this Easement, there are no structures on the Property. The construction of any structure on the Property shall be in accordance with law, including the appropriate municipal or county code in effect at the time the proposed construction is to take place, and all required pei 11lits and approvals must be obtained. 3. MINING. All surface or subsurface activity involving mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance is prohibited. 4. SUBDIVISION. Any division of the Property (whether or not a subdivision as defined by state law) is strictly prohibited. The Property shall be held as one unit. Grantor may not convey a portion of the Property as said conveyance would constitute an impermissible division of the Property under this Easement. If the Property is divided by operation of law, all terms of this Easement shall attach to the land and shall survive any division. 5. GRANTEE'S RIGHT OF ENTRY. Grantee shall have the right to enter upon the Property at reasonable times, upon 48 hours' prior notice to Grantor, to inspect for violations of the terms and covenants of this Easement, when Grantee has a good faith belief that the terms and covenants of this Easement are being violated, and to remove or eliminate any conditions or operations which violate the same. No further right of access or entry or possession is conveyed hereby. 6. ENFORCEMENT. In the event of a violation of any term, condition, covenant, or restriction contained in this Easement, aver thirty (30) days' notice of violation to the Grantor, the Grantee may institute a suit to enjoin by temporary or permanent injunction such violation, or for damages for breach of covenant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants, and purposes of this Easement; provided, however, that any failure to so act by the Grantee shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this Easement in the future. 7. RESTORATION. Grantor further intends that should any prohibited activity be undertaken on the Property, the Grantee shall have the right to cause the restoration of that portion of the Property affected by such activity to the condition that existed prior to the undertaking of such prohibited activity. In such case, the cost of such restoration shall be borne by Grantor, its successor, or assigns, against whom a judgment is entered. Nothing contained herein shall be construed to preclude Grantor from exhausting all legal remedies that may be available in determining whether the proposed activity to which the Grantee has objected is consistent with the Easement. 8. UPKEEP, MAINTENANCE, LIABILITY AND INDEMNIFICATION. Grantee has no obligation for the operation, maintenance, or upkeep of the Property. Grantor shall indemnify, and reimburse Grantee for any damages resulting from personal injury or property damage that occurs on the Property, arising from the actions of Grantor, or a guest or invitee of Grantor. In addition, Grantor agrees to pay any and all real property taxes and assessments levied by competent authority on the Property. 2 KRAMEK vans 4 Open Spaee.(..mena ton Ea enenr, Haatman C4nun u,xn tuenrnt Rn is Bachman ( omen at,on Easement Anal_ _its a.xti • 3989854 Pages: 3 of 9 01/14/2014 10 52 AM R Fee:$51 00 Ste a Moreno :.erk and Recorder weld :oust, CO ■III Nl�.r�NQ411�;t:lrl4�J��'�E�'��iil, VII ll!Ell 9. GRANT IN PERPETUITY. This Easement and the covenants as set forth herein shall run with the land and be binding upon all parties thereto, their heirs, successors, representatives, and assigns, and all persons who may hereafter acquire an interest in the Property. It is intended that this Easement and any other interests created under this Easement vest immediately. Pursuant to Colorado Revised Statute Section 15-11-1102(1) (a) and (b), if any nonvested property interests conveyed to the Grantee under this Easement do not vest within 90 years after the date of execution of this Easement by both parties, said interests shall automatically be severed from the remainder of the interests conveyed herein and shall automatically terminate. 10. SEVERABILITY. If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Deed of Conservation Easement In Gross and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 11. AMENDMENT OF EASEMENT. If circumstances arise under which an amendment would be appropriate, Grantor and Grantee may jointly amend the Easement. Any such amendment shall be consistent with the purposes of the Easement, shall not affect its perpetual duration, shall not permit additional development or improvements currently prohibited by the Easement, and shall not impair any of the significant conservation values of the Property. Any such amendment shall be recorded in the official records of Weld County, Colorado. In giving this Easement, the Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may in the future be put entirely to such prohibited uses. 12. GRANTOR'S WARRANTY OF TITLE. Grantor warrants that Grantor has good and sufficient title to the Property and hereby promises to defend the same against all claims from persons claiming by, through, or under Grantor. 13. GRANTOR'S ENVIRONMENTAL WARRANTY. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property. Grantor shall have no liability to the Grantee for any release of hazardous waste or violation of federal, state, or local environmental laws by trespassers or third parties not under the direction or control of Grantor. 14. ANNEXATION. Grantor shall not apply, petition for, or consent to, the annexation of the Property to any municipality without the consent of the Grantee. 15. NOTICES. Whenever notice is required to be given hereunder, it shall be in writing and may be sent by facsimile or delivered to the party entitled thereto or emailed or mailed to the party entitled thereto, by registered or certified mail, return receipt requested. If delivered or sent by facsimile or email, said notice shall be effective and complete upon delivery or transmission of the facsimile. If mailed, said notice shall be effective and complete as of the date of mailing. Until changed by notice in writing, notice shall be given as follows: 3 l KRAMIER Pubs R Open Spat.e•Conset%atwn Essementt Bachman Conner at:on Easement Re% 'ed Hachrnan ,'..n.enanon Easement finst: clew dues • 3989854 Pages: 4 of 9 01/14/2014 10:52 AM R Fee $51.00 Stave '+orenc Cie -k and Recorder Weld County CO fillatiNik Jigs 1I III To the Grantee: To the Grantor: Land Program Administrator City of Longmont 350 Kimbark Street Longmont, CO 80501 dan.wolford@ci.longmont.co.us Kenneth and Rana Bachman 1778 Sunlight Drive Longmont, CO 80501 ken@klbcpa.com 17. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. Facsimile signatures shall be acceptable to and binding upon all parties. 18. INTERPRETATION. This Easement shall be liberally construed to effect the purpose of the Easement and the policies and purpose of C.R.S. 38-30.5-10! et. seq. 19. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an Amendment that complies with Paragraph l I . 20. CAPTIONS. The captions in this instrument have been inserted solely for convenience of reference and are not part of this instrument and shall have no effect upon construction or interpretation. 21. TRANSFER OF PROPERTY. Grantor agrees that reference to this Easement will be made in any subsequent deed, or other legal instrument, by means of which Grantor conveys any interest in the Property (including a leasehold interest) and that Grantor will attach a copy of this Deed of Conservation Easement in Gross thereto. 22. APPLICABILITY. This Easement applies immediately to the Original Property. Once the parties complete a Conveyance Plat or otherwise exchange title to property such that Grantor owns Boundary -Adjusted Property in contrast to the Original Property, this Easement shall apply to the Boundary -Adjusted Property rather than the Original Property. The intent of the parties is for the Easement always to apply to the Property that is owned at the time by the Grantor. 4 L KR'%1FR PM 4. aspen Space C *men anon F .senarnitRacvnanronsenwon FasemerrRet.,ed Rachman Cansenauon F.asemem tenal2 clean Jo(� 3989854 Pages; 5 of 9 01/14/2014 10 52 PM R Fee $51 00 ;rose Mc enc " I a -'t and Recorder weld .Cur. t/ CO VIII rs Ni r1K'+lIO Mho' :4411i NE hi fist111111 N WITNESS, WHEREOF, the Parties have executed this Deed of Conservation Easement in Gross as of the date set forth above. Rana A. aachmae - STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I day of QCTv8Ei2 , 2013. by Kenneth 1,. Bachman and Rana A. Bachman. Witness my hand and official seal. My commission expires: Notary Public CAROL R MEYER NOTARY PUBUC STATE OF COLORADO NOTARY ID 20134053446 MY COMMISSION EXPIRES SEPTEMBER 5, 2017 5 L KRAMER'Parks d: Oven SpscelC onsercm.on Easetnents.Bachman Conservation EssementvRes'sod Bachman Consenatan Easemem final'_ dean Jon • 3989854 Pages: 6 of 9 01/14/2014 10 52 AM R Fee $51 00 Stever Moreno Clerk And Recorder Weid :ounce �C ■III M1�1� �� I4 Ii k�� AEI :r4'p+�" 4h' 1 �,��, II II I GRANTEE City of Longmont, a municipal corporation ATTEST: ilit\\*SA- APPROVED AS TO FORM: Mayor 113/3 A SISTANT 6TY ATTORNEY DATE -19 newu. GOFREAD APPROVED AS TO FORM AND SUBSTANCE: 42,z_ea ORIGINATING DEPARTMENT hit 9268 6 11--/ 3 - DATE \\NS11-5 DATE L KR.AMER Parks & Open Spae•Consenahon Ea -minis Bachman user anon }Easement Re.,<ev Human C,nsen a;u n Ease:nen! :ma.' ;lean J.... • 3989854 Pages 7 of 9 01/14/2014 10 52 AM R Fee $51 00 Ste.e Mor'ero ';1er4 and Recorder weld County frdriek i JYt:vidiku twt'af, ? iY'iirlt I,'), rill EXHIBIT A Legal Description of Original Property A tract of land located in Section 18, T2N, R68`1' of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the W1/4 Corner of Section 18, from which the C1/4 Corner of said Section 18 bears N88° 10'31 "E, 2600.25 feet (Basis of Bearing), thence N00°1 1' 12"W, 30.01 feet along the West Line of the NW 1/4 of said Section 18 to the Westerly Extension of the Northerly Right - of -Way Line of Weld County Road 20.5; thence N88° 10'3 I "E, 2332.07 feet along said Northerly Right -of -Way Line of Weld County Road No. 20.5 to the West Line of Lot "A", Recorded Exemption No. 1313-18-2-RE3229, according to the recorded Plat thereof, being also a point on the City of Longmont Corporate Boundary, and the POINT OF BEGINNING; Thence along the Westerly, Northerly and Easterly Lines of said Lot "A" and continuing along said City of Longmont Corporate Boundary the following four (4) courses: 1) N0l°49'47"W, 255.76 feet to the Northwest Corner of said Lot "A"; 2) N88°10'31"E, 0'31 "E, 275.61 feet to an angle point on said Northerly Line of Lot "A" and being also a point on the West Line of the NE1/4 /4 of said Section 18; 3) N88° 10' 18"E, 150.84 feet to the Northeast Corner of said Lot "A"; 4) S01°49'42"E, °49'42"E, 255.76 feet to said Northerly Right -of -Way Line of Weld County Road 20.5, Thence along said Northerly Right -of -Way Line the following two (2) courses: l) S88° 10118"W, 158.25 feet to the East Line of the N W 1 /4 of said Section 18; 2) S88° 10'31 "W, 268.19 feet to the POINT OF BEGINNING. Area = 109,067 square feet (2.504 acres), more or less. 7 L KRAMER Park; & then Spaced entervat.Oft Easemenrs Bachman ( nnser.alron EasenienhRerised Bachman Conservation Easernent ivral' ;.ean don • 3989854 Pages: 8 of 9 01/14/2014 10 52 AM R Fee:$51.00 StGive Moreno Clerk and Recorder 4f.Id County CO Ell reIC!rWrwk III EXHIBIT B Legal Description of Boundary -Adjusted Property A parcel of [and located in the N 1/2, Section 18, T2N, R68W, of the 6th P.M., County of Weld, State of Colorado being all of Lot "A" and a part of Lot "B" of Recorded Exemption No. 1313- 18-2 RE -3229 according to the plat recorded December 26, 2001 at Reception No. 2911947 of the Weld County Records and being more particularly described as follows: COMMENCING at the C1/4 Corner of said Section 18 from whence the W1/4 corner of said Section 18 bears S88°10'3 l "W', 2600.25 feet (Basis of Bearing); thence N00° 10'05"W, 30.01 feet along the West Line of the NE 1/4 of said Section 18 to the Northerly Right -of -Way Line for Weld County Road 20.5 and the POINT OF BEGINNING; Thence S88° 10`31 "W, 348.19 feet along said Northerly Right -of -Way Line for Weld County Road 20.5 to a point on a line which is 80.00 feet Westerly of and Parallel to the West Line of said Lot "A" of RE -3229; Thence N01°49'47"W, 369.65 feet along said Parallel Line to a point on a line which is 113.88 feet Northerly of and Parallel with the North Line of said Lot "A" of RE -3229; Thence N88°10'31"E, 0'3 t "E, 358.91 feet along said Parallel Line to said West Line of the NE1/4 /4 of Section 18; Thence S00° 10`05"E, 113.93 feet along said West Line of the NE 1/4 to said North Line of Lot "A" of RE -3229; Thence N88°10'18"E, 0' 18"E, 150.84 feet along said North Line of Lot "A" of RE -3229 to the Northeast Corner thereof; Thence S0l°49'42"E, 255.76 feet along the East Line of said Lot "A" of RE -3229 to said Northerly Right -of -Way Line for Weld County Road 20.5; Thence S88° 10' l 8"W, 158.25 feet along said Northerly Right -of -Way Line for Weld County Road 20.5 to the POINT OF BEGINNING. Containing 3.907 acres, more or less. 8 L KRM.IER•Par►s & Open Space'Consers won EesementstRachrnn Cornet. soon Easenteta'Rr.tsod R hman C.Onsen atwn Fase,nen. •inai2 cleat doc. 3989854 Pages: 9 of 9 01/14/2014 10.52 AM R Fee $51 00 Steve Moreno Clerk and Recorder Weld Count =0 1111 W!PAM'� IMO ►I�i Willi I if' `►:i II )1 IN EXHIBIT C MAP OF PROPERTY 9 Recorder's Memorandum This document was found to be inadequate for scanning purposes L i.R,%%It: R ?iv.: .5; ocrn Y,v..• .. %. 11:.,n t4sement. 3a..•:nar LJr;ett )u„n ra.bantr.: Re%iced 9≥cPman Co pert a L;n ^aaernent CnrC Vtial ,: 3989853 Pages: 1 of 11 81/14/2814 10:52 AM R Fee:$61.00 Steve Moreno Cter< and ?eca^der Weld County. CO Inn AGREEMENT IN FURTHERANCE OF ANNEXATION FOR BACHMAN ANNEXATION TO THE CITY OF LONGMONT, COLORADO 39898.3 Pages: 2 of 11 r!t 4 • 2014 10 52 AM R Fie $51 00 ..14r4 4r+ Aeifl ;gCgr jar .nits `wou ! , .0 !II Alt), 11111 Table of Contents .Art;l,ie Page ARTICLE ONE -CI 1'Y OBLIGATIONS I AR [ ICLE TWO -CONCEPT PLAN, LAND LASE AND GROWTH MANAGEMENT 2 ARTICLE THREE -PHASING ARTICLE FOUR -DRAINAGE 2 ARTICLE FIVE -STREETS AND TRANSPORTATION AR [ [CLE SEX -UTILITIES 3 ARTICLE SEVEN -MISCELLANEOUS 3 EXHIBIT A EXHIBIT B Legal Description of Annexation Concept P (an 3989853 Pages 3 of 11 01/14/2014 10 52 AM R Fee $6: 00 Ste'* Moreno C.4-4 rd aid Recos^ we i County CO � r� r lit l THIS AGREEMENT is entered into this day of , 20(3. by and between the City of Longmont, Colorado. a municipal corporation ("City"), and Kenneth L. 3 &. Rana A. Bachman, whose mailing address is 1762 Edgewater Place, Longmont, CO 80504 4 ("Owner.") 5 THE PARTIES' RECITALS ARE AS FOLLOWS: 6 The Owner has submitted to the City a petition for annexation, known as the Bachman 7 Annexation ("Property"), the legal description of which is attached as Exhibit A; and 8 Pursuant to the Pre -Annexation Agreement executed between the City and the Owner on 9 December 7, 2010 ("Pre -Annexation Agreement"), annexation of the Property is contemplated by 10 City ordinance and this agreement, and I I The parties desire to state their duties and responsibilities regarding the annexation of the 12 Property; and 13 The parties shall not construe this Agreement to bind or limit the full exercise of the City 14 Council's discretion in the legislative decision of whether or not to annex the Property; and 15 Nothing in this Agreement shall impose additional terms and conditions requiring an 16 election under C.R.S. §31-12-112. I 7 N CONS[DERATION of the recitals, mutual promises, and covenants herein, and for other 18 good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the l9 parties covenant and agree as follows: 20 21 ARTICLE ONE -CITY OBLIGATIONS 22 1.1 There are no plans to extend urban services to the property. As provided for in the Pre -Annexation Agreement, the City will deannex the property after finalizing subdivision of the 24 property to reconfigure the Owner's property. The property will be encumbered by a conservation 5 easement which provides that no more than an aggregate of 15,000 square feet of residential and 26 agricultural structures will be constructed on the property. The Owner intends to construct a single 27 family residence on the property and will obtain approvals and appropriate services through Weld 28 County and the existing service providers when deannexed. 29 1.2 Through execution of this agreement and pursuant to the terms of the Pre - 30 Annexation Agreement City agrees to process a subdivision of the Property to rearrange the 3 I property lines such that the City will gain driveway access to its open space property. The City will t 3989853 Pages: 4 of 11 01/14/2014 10 52 An R Fee.S61 0e 31e+,e Mo-sno ::erk and goc:order. �rtt `AI M" ISIM,C � � �jN, �J�� 1� ii 1 1 convey a similar area of land from the Sherwood open space property to the Owner in exchange. Furthermore, through execution of this agreement and pursuant to the terms of the Pre -Annexation 3 Agreement, the City shall, without delay, process deannexation and disconnection of the property 4 aver recordation of the subdivision plat with the Weld County Clerk and Recorder. 5 6 ARTICLE TWO -CONCEPT PLAN, Lt !) USE AND GROWFII MANAGEMENT 7 2.1 Concept Plan. The "Concept Plan" consists of a subdivision plat depicting the S owner's intent to develop the Property for a single family residence in a manner consistent with 9 Agricultural (A) zoning; a copy of the plan is attached as Exhibit B. The Owner's Concept Plan I O conforms to the LACP. All future development on the Property will be subject to the applicable 1 I rules and regulations of Weld County since the property will deannex prior to development. 12 2.2 Vested Property Rights and Growth Management. The Owner and City 13 acknowledge that the annexation of the Property and approval of the zoning and Concept Plan do 14 not create a vested property right as defined by the Colorado Revised Statutes, the LMC, or 15 ordinances. 16 17 ARTICLE THREE -PHASING I 3.1 The Concept Plan proposes development of the Property in a single phase. The 19 Owner proposes to develop the Property in unincorporated Weld County and will obtain services 20 from the agencies or jurisdictions within whose territory the Property is situated. 21 1l ARTICLE FOUR -DRAINAGE 23 4.1 Storm Drainage. 24 4.1.1 The Owner shall develop in conformance with applicable storm drainage 25 regulations of Weld County. Development of the property and any resulting storm drainage from 26 the Property shall not adversely affect adjacent City property. The drainage plan shall not alter 27 historic flows in any manner that would adversely impact upstream or downstream properties. ,g 29 ARTICLE FIVE -STREETS AND TRANSPORTATION 30 5.1 The Property has frontage on and will take access from Weld County Road 20.5. 31 Weld County Road 20.5 is situated in unincorporated Weld County who will be responsible for 3989853 Pages! 5 of 11 01/L4/2014 10 52 AM R Fee $61 00 Steve Mnren0 Cietrie ek and 44Corngr .9 County CO ■iii ��1��► rilhfri; Cif OrtiffARtiMi It :I l approving access to Road 20.5 as applicable. ARTICLE SIX -UTILITIES 3 6.1.1 The Owner acknowledges that provision of utilities and urban services will 4 come from entities other than the City of Longmont and the City of Longmont does not bear an obligation to provide utilities or urban services to the Property. Upon development of the Property, 6 the ONtiner will be responsible for seeking and obtaining services to the property from the applicable 7 service provider within whose territory the property is located. 8 6.1 .2 The City and Owner Parties acknowledge that the Property is currently 9 served domestic tap water by the Left Hand Water District. I0 6.2 Electric Requirements. The Owner will not be served by the City of 1 I Longnont with electric service and must obtain electric service from the electric service provider 12 within which territory the property is situated. 13 14 ARTICLE SEVEN -MISCELLANEOUS 15 7. I Provisions Construed as to Fair Meaning. The provisions of this Agreement shall be 16 construed as to their fair meaning, and not for or against any party based upon any attribution to 17 such party as the source of the language in question. 18 7.2 Headings for Convenience. All headings, captions and titles are for convenience and 19 reference only and of tto meaning in the interpretation or effect of this Agreement. 20 7.3 Compliance with Ordinances and Regulations. The parties shall perform their 2 l respective obligations under this Agreement in strict compliance with all applicable laws, rules, ?'_ charters. ordinances and regulations, as now exist or are later enacted or amended, of the City. and ?3 all county, state and federal entities having jurisdiction over the Property. 24 7.4 A eement as Coven4nt. This Agreement, and all of its obligations, shall run with 25 the land and be a covenant with respect thereto, and shall be binding upon the parties, their ?6 respective heirs, successors and assigns. The City shall record this Agreement with the county clerk 77 and recorder 28 7.5 No Implied Representations. No representations, warranties or certifications, 1/4/ express or implied, shalt exist as between the parties, except as specifically stated in this Agreement. 3 3989853 Pages. 6 of 11 01/14/2014 10.52 AN R Fee $61 00 St. t '%rend C.erk and Rector:e- *weed Canty CO X111 �i11�1�, 1� 1 Milk? SC!IIM S)L4��l'I �:��I�r�� I 111 1 7.6 No Third Party Beneficiaries. None of the terms, conditions or covenants in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party 3 hereto. Any person other than the City or the Owner receiving services or benefits under this 4 Agreement shall be only an incidental beneficiary. 5 7.7 Financial Obligations of City. Any financial obligations of the City under this 6 Agreement are contingent upon appropriation, budgeting, and availability of specific funds to 7 discharge such obligations. Nothing in this Agreement shall be deemed a debt of the City, nor a S pledge of the City's credit, or a collection or payment guarantee by the City to the Owner. 9 7.8 Indemnification of City. The Owner shall indemnify and save harmless the City, its I 0 officers, and employees, against any claims, liabilities, damages, fines. penalties. and costs arising I l during or aver the term of this Agreement from any work done or omission made by the Owner, 12 Owner's officers, employees or agents, arising out of or resulting from performance or 13 nonperformance of this Agreement. 14 7.9 Integrated Agreement and Amendments. This Agreement is an integration of the 15 entire understanding of the parties with respect to the matters stated herein. The panics shall only 6 amend this Agreement in writing with the proper official signatures attached thereto. l 7 7.10 Waiver. No waiver of any breach or default under this Agreement shall he a waiver 18 of any other or subsequent breach or default. 19 7. 1 I Severability. Invalidation of any specific provision of this Agreement shall not 20 affect the validity of any other provision of this Agreement. 1 7.12 Governing Law. This Agreement shall be governed and construed according to the 1, laws of the State of Colorado. -_3 7.13 Binding Effect. This Agreement shall be binding upon the parties and their 24 respective heirs, successors, assigns and grantees. 25 7.14 Owner Defined. Unless the context otherwise requires, as used in this Agreement, 26 the term, Owner, includes, jointly and severally, every person named in this Agreement as an 17 Owner. Singular references to Owner include the plural and plural references to Owners include 28 each individual Owner. 29 7.15 Future annexation. Nothing in this Agreement shall prevent the City from re - 30 annexing the Property at some point in the future, after de -annexation. This Agreement will not 31 apply to such re -annexation. 4 3989853 Pages: 7 of 11 01/14/2014 10 52 AM R Fee.$S1 00 Steve moreno -ierk and Qecorder weld Count, Co NM fr 14/11,1,1 VW Bin 1 2 3 4 5 6 7 8 9 10 11 12 13 1-4 15 16 17 18 19 20 21 23 24 15 THE PARTIES make and enter into this Agreement on the date stated in the preamble CITY OF LONGMONT. a municipal corporation ATTEST CITY CLERK APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY ?6 27 APPROVED AS TO FORM AND SUBSTANCE: 28 30 DATE 1H 3-13 DATE 31 ORIGINATING DEPARTMENT DATE 32 33 CA File: you 3989853 Pages: 8 of 11 at/t4/2011 10 52 an R Fee $61 00 St4,� ,.,c e,•p rie-4 and Recor�er dett1 Co�nl1 ^r) 110 �+,I��IL'�� r`�'!yN�G��<'ti� �ii�i+llkJ !elk' "el 14 I ; ti 1I 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ . ?0l3 Kenneth L. and Rana A. Bachman. 19 2n ,1 _22 1 3 24 My Commission 15 r J 26 17 RanfliA. Bachman State of Cs WA 6 County of • The foregoing instrument was acknowledged before me this 11K4 day of t\ -6"4 -he' 28 vv 'mess ham MICHELLE L GOMEZ NOTARY PUBLIC STATE OF COLORADO pirCSIOTARY IOM 20104001218 Y COMIRIe tOk eannta uawAPY L► 711%4 3I) 31 r: 32 State of kraifil t; ) 1 1 3 ) Ss: 34 Count} of 4i ta, dr) 31 ,7 38 . 20 (3 by Rana A Bachman 39 40 41 43 44 ,mmi 15 47 4R 49 Witness my hand and official Seal •MICHELLE GOMEZ on exp,re�OTARY PUBLIC C g>ARY or cot2010A01P IS tou NMISSIO , XPI t°s AM WAY COMMISSION EXP R� ---r' The foregoing instrument was acknowledged before me this IMln daN of M`Y eft"19 C 6 3989833 Pages: 9 of It 01/14/2014 10 52 QM R Fee.$61 00 Sts . Moreno and eecorder Well cover'. -0 VIII 610 ti 111 1 3 4 EXHIBIT A Annexation Legal Description 5 A tract of land located in Section 13, T2N. R68W of the 6th P M . County of Weld. State of Colorado. described as 6 follows 7 3 COMMENCING at the W 1 '4 Corner of Section l 8, from which the C1/4 Corner of said Section 9 18 bears N88°10'31"E. 0'3 1 "E. 2600.25 feet (Basis of Bearing), thence N00°1 l' 12"W, 30.01 feet along 10 the West Line of the NWI 4 of said Section 13 to the Westerly Extension of the Northerly Right - 1 of -Way Line of Weld County Road 20.5; thence N88° I0'31 "E, 2332.07 feet along said Northerly 12 Right -of -Way Line of Weld. County Road No. 20.5 to the West Line of Lot "A", Recorded 13 Exemption No. 1313-18-2-RE3229, according to the recorded Plat thereof, being also a point on :4 the City of Longmont Corporate Boundary, and the POINT OF BEGINNING; 15 l > Thence along the Westerly, Northerly and Easterly Lines of said Lot "A" and continuing along 17 said City of Longmont Corporate Boundary the following four (4) courses: [8 19 1) NO 1 n49'47"W, 255.76 feet to the Northwest Corner of said Lot "A"; 20 21 2) N88° l0'3 I "E, 275.61 feet to an angle point on said Northerly Line of Lot "A" and being 22 also a point on the West Line of the NE 1!4 of said Section 1.8; 23 24 3) N88°10'18"E, 18"E, 150.84 feet to the Northeast Corner of said Lot "A"; 25 26 4) SO t °49'42"E, 25576 feet to said Northerty Right -of -Way Line of Weld County Road 27 20.5: 28 29 Thence along said Northerly Right -of -Way Line the following two (2) courses: 30 31 1) S38' 10' 18"W, 158.25 feet to the Fast Line of the NW(/4 of said Section 18; 32 7 3989853 Pages; 10 of 11 et/t4/2014 18 32 AM R Fee $61 00 Stew, Morgro ellyr4 and Retard!► 441.M ..J.J`t 1 CO X19 rjfl PW W ! ttltrriliC i i DI 5 11011 + 7 Ilk I! I 2) SS8°IO'3l"W, 268.19 feet to the PONT OF BEGINNING. 2 3 Area - 109,067 square feet (2 504 acres), more or less. 4 5 6 .3 2 3 4 5 1 3989853 Pages: 11 of 11 01/14'2014 10 52 an R Fee $61.00 Ste•e r.oreno :.4r* ono geco-der W:0 County :0 1111 k1r111P Sill Mkt VIM �,ti�tl�t6�,1�t�1 t�i�trh 11 II f EXHIBIT B Concept Plan Recorder's Memorandum This document was found to be inadequate for scanning purposes • • t •! —h— r" i 4 •e gilt, 4-• r•• art • di? WWI' �N • H''� •• M ----� w- •r_� —. 181• Sal ••• r• .1 • �• < r• 1 .• n— • t 1 o • .• veer. . -. '''u4 .r •a - f ' z 'ft • 4 • • •....• Zr 1 a_ BACHMAN CONVEYANCE PLAT 'Div late mar 7 AV •a' so • ••a• 't► .at inn unit ei +R *in 1 frniw y Mt a ar lot aA • la - . • : 'S S. AP a• . Isar - • — • 9 Ken & Rana Bachman 1762 EDGEWATER PL LONGMONT, CO 80504 September 5, 2016 Board of Weld County Commissioners Commissioner Freeman Commissioner Conway Commissioner Cozad Commissioner Kirkmeyer Commissioner Moreno RE: September 7, 2016 Hearing Docket #2016-68, PL2436, continued from August 31, 2016 Tanner Hill (Kenneth and Rana Bachman) Dear Commissioners: [ (Ken) will be out of town on business September 7, 2016 so will not be able to attend the hearing; however, my wife Rana, will be in attendance for questions and clarifications related to our property located at 465 WCR 20 '/2, which is the subject of the September 7, 2016 hearing. In advance of this hearing we wanted to provide the Commissioners with a brief history of our property which Tanner and Sarah Hill currently have under contract. In July of 2007 we purchased the 465 WCR 20 '/2 property with the intent of building our personal residence. When we purchased this parcel it was approximately 2 '/4 acres of agriculturally zoned property, with a Left Hand Water meter, an abandoned farm house and a large Quonset building located on it. Shortly after purchase we removed the farm house and Quonset building in anticipation of building our residence. This parcel is bordered on the North, East and West by open space the City of Longmont purchased in 2000 and on the south by Weld County Road 20 '/2. The open space is farmed by the Schlagel family under a farm lease with the City of Longmont. The Schlagels' farming operation also includes approximately 1/3 of the eastern portion of our lot under no fanning lease. Additionally, the Schlagels' irrigation shutoff valves and an access road used by the City of Longmont, various Oil and Gas Companies and the Schlagels is located on the east side of our property. Since the purchase of the property in 2007, we have continued to allow both the farming and access road use with no compensation to us. In preparation of building our residence we met with Dan Wolford (City of Longmont Parks and Open Space Manager) and Paul Schlagel (fanner), in January 2008, to discuss the removal of the Schlagels' irrigation structures, closure of the access road and the termination of fanning operations on our property. After a brief discussion Mr. Wolford asked if we would be interested in moving the east boundary of the property just west of the access road and irrigation valves (approximately 100 feet west) and attaching this area to the north of our property. Additionally, Mr. Wolford offered to exchange approximately % quarters of an acre of the City Open Space Property on the west side of our parcel (which was not being farmed and was wasteland) to us in exchange for a conservation easement on the entire new parcel (approximately 3 acres) which is referred to as Lot 1. Shortly after this January 2008 meeting, we contacted Mr. Wolford and told him we agreed to moving our lot boundaries and adding an additional 3/4s of an acre to our property in exchange for a conservation easement. At the time we believed this was the most efficient approach to getting the property ready for us to build on and provide us with more acreage to work with. This would Page 2 also eliminate the removal of the Schlagel's irrigation valves and termination of the access road and farming activities since the City of Longmont would now own this parcel. What we, the Bachman's, were unaware of is that it would take the City of Longmont until February 9, 2015 (7 years) to finally get the lot line adjustments completed and filed with Weld County only to have Weld County reject the filings for inaccurate names and legal descriptions (see Bachman Weld County Rejection of Filing Notice attached). Turns out Rana's middle initial was missing from the Lot 1 legal and the Final Plat submitted and approved by the City of Longmont for Lot I actually had us owning both lots 1 and 2 (3.9 acres) instead of just Lot 1 (3 acres). So after 7 years we not only owned an additional 3/4 of an acre, but the original .9 acres that was to be transferred to the City. Upon receipt of this rejection notice we contacted the City of Longmont to have it corrected. After getting no response from the City on correcting this matter, we finally just paid to have a Quit Claim Deed prepared and filed, transferring Lot 2 (.9 acre) to the City and a Warranty Deed prepared and filed correcting Rana's name on the Lot I filing. These filings took place in January 2016 (eight years after our initial meeting with the City of Longmont). In short, had the lot lines been adjusted immediately after our January 2008 meeting the process would have most likely been accomplished in a very reasonable time and we would have pulled permits from Weld County and built our residence. However, since the attention to our lot line adjustments was delayed for a variety of reasons (unrelated to the Bachman's) the process basically took 8 years. The result of this delay required the City to follow a more complex path to achieve the lot line adjustments which included (but not limited to) the following: I) file a motion to annex the property to the City of Longmont 2) file a Minor Subdivision Request in order to divide our lot into two parcels and then transfer a parcel to the City of Longmont (see attached) 3) file a motion to deannex the property from the City of Longmont Each of the above steps delayed our plans and increased our frustration. We had to attend way too many planning meetings and discussions, Public Hearings, Council Meetings and other communications via telephone and email just to move lot lines. This process had to be concluded before we could apply for building permits and prepare architectural drawings as we had no idea what we owned. Bottom -line, we finally got fed up with the City's process and just moved on from our dreams of building a residence on this beautiful piece of property. So this spring we decided to put the property on the market and Tanner and Sarah Hill put a contract on it March 6, 2016. Conclusion Previously we prepared a letter (see attached) of our thoughts regarding the Hill's use of this property for their dog facility, which we believe is absolutely perfect for this area and is a compatible use vL ith the surrounding neighborhood. Our understanding is that the City of Longmont is opposed to this use based on our entering a conservation easement with the City. When we entered the agreement with the City we did not discuss in detail what was allowed or not allowed on the property. The easement basically limited multiple structures not to exceed 15,000 square feet and have no impact on the surrounding neighborhood. Based on our limited knowledge of the Hill's plans and the requirements imposed by Weld County it would appear that their plans meet both of these requirements. Structures less than 15,000 square feet and no impact to the surrounding neighborhood/area. The location of the Hill's structures will be so far removed from the City's bike and hiking trails that it won't even be noticed. I have seen no evidence presented from the City that the Hill facility would have a negative impact on the City's open space. - Page3 Additionally, we understand that the City of Longmont has voiced their disappointment that we did not contact the City or the Schlagel Family to purchase the lot prior to listing it, which frankly, we are under no obligation to do so. We did however speak with Paul Schlagel, after we listed the property, who in turn discussed the possible purchase with his family and they decided at this time not to. We don't know how this has any relevance on the Hill's matter but we wanted to respond to. it since the City brought it up at a prior hearing. Lastly the City expressed their concerns over the fact that they paid for all costs associated with the lot line adjustments. Our reply to that is the conservation easement was the City's idea and frankly if the City had taken care of the lot line adjustments in 2008 they would have greatly reduced their cash outlay. Also, what the City fails to report is that if they did not do the lot line adjustments they would have had to move the access road and the Schlagels' irrigation valves from our lot which most likely would have required at least the same, if not more, expenditure of cash. One last item before we close. In 2006 we were notified that the City of Longmont was in discussions of putting a gun range to the north and west of our lot. We have to ask how a gun range meets the open space definition and a dog kennel fails to qualify under the conservation easement definition.? See the attached emails of communication to us regarding these discussions. We think the last quote from Mr. Wolford sums it up "if they don't have to pay for the land it would be a steal". It is apparent to us that City of Longmont's motivation requires them to receive something in return before they will agree to do anything. Bottom -line, the City of Longmont has presented no justifiable reason to oppose the Hill's request and we believe personal opinions are driving the City's opposition. We thank you for your time and consideration. Ken & Rana Bachman 303-550-4642 K cell 303-579-4642 R cell CIT ;ATTORNEY'S OFFICE 350 Kimbark St. Longmont, CO 80501 303-651-8619 • Fax: 303-651-8614 • www.longmontcolorado.gov July 14, 2016 Judson C. Hite 250 Arapahoe, Ste. 300 Boulder, CO 80302 Dear Mr. Hite: I write in response to your letter of June 29, 2016. As you note, the City owns a Deed of Conservation Easement in Gross on the land you describe, dated October 17, 2013 and recorded in Weld County at rec. no. 3989854. This Conservation Easement is clear that "the parties intend to preserve the Property in its present form and prohibit further development on the Property, except as expressly permitted in the Easement" (1). It then "limit[s] the uses of the Property, in perpetuity, to single-family residential and agricultural uses." Id. ¶ 1. So, if a use of the property is not agricultural or single-family residential, it would violate the Conservation Easement. This is true regardless of whether the structure itself would meet County building codes. See id. ¶ 2. Terms in contracts are to be assigned their "plain and ordinary meaning." Thompson v. Maryland Cas. Co., 84 P.3d 496, 501 (Colo. 2004). Even when a term is ambiguous, the place to look for clarification is not a zoning code, but a lay dictionary. Id. at 507. Agriculture means agriculture: "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." Agriculture, MERRIAM-WEBSTER.COM (July 12, 2016). The City's code likewise defines an agricultural use as "the growing of food or fiber products (including plowing, tilling, seeding, cultivating, harvesting, temporary storage, and the use of best management practices), the grazing or raising of livestock, sod production, nurseries, and Christmas tree plantations." § 15.10.020, L.M.C. (2016). Nowhere does the Conservation Easement define all uses by special review in a Weld County agricultural zoning district as "agricultural." These uses include race tracks, drive-in theaters, golf courses, airports, junkyards, landfills, multi -family dwellings, prisons, research laboratories, heavy manufacturing, and distilleries. § 23-3-40, W.C.C. (2016). The parties clearly intended the Conservation Easement to prevent such uses on the subject property. The City will oppose attempts to expand uses on the property beyond single-family residential and agricultural uses. Sincerely, 72.7) r,7 Daniel E. Kramer, Assistant City Attorney CITY ATTORNEY'S OFFICE 350 Kimbark St. Longmont, CO 80501 303-651-8619 • Fax: 303-651-8614 • www.longmontcolorado.gov August 17, 2016 RE: Land Use Case No. USR16-0015 To the Board of County Commissioners of Weld County: I write to state the City of Longmont's opposition, on legal grounds, to an application for a kennel on the north side of County Road 20.5 and half a mile east of County Road 1. The City owns a conservation easement on this land which clearly prohibits such a kennel. The County Department of Planning Services and the County Attorney's Office appear to agree. The Land Use Application Summary Sheet presented to the Planning Commission explains that the application "very likely does not meet the purposefully restrictive covenants of the easement" (p. 3). In other words, the application would violate the City's property rights. The City has attempted to explain this to the applicant. The attached letter to the applicant's attorney sets out the law in more detail. The City therefore requests that the Countydeny this application as incompatible with the plans of an affected municipality and because this conversion of agricultural land is incompatible with the region. §§ 22-2-20.G.2, 23-2-220.A.4. The City has planned for this land to be agricultural or single-family residential, which under the City's code would preclude the application. § 15.10.020, L.M.C. (defining agricultural use). Furthermore, the Coordinated Planning Agreement between the County and the City provides that the County "will not approve" an application that raises a "conflict or incompatibility between proposed uses in the development and anticipated municipality zoning classification for the property" unless specific exceptions apply. § 19-14-50.C.7. The purpose of this Agreement is to "move toward greater coordination in the exercise of their land use and related regulatory powers within unincorporated areas surrounding the municipality." § 19-14-30. That purpose applies here. Accordingly, the City asks that this application be denied. Should any doubt remain about the conservation easement's prohibition of the applied -for use, it is respectfully requested that the Commissioners consult with the County Attorney's Office. Sincerely, Daniel E. Kramer, Assistant City Attorney JUDSON C. HITE ATTORNEY P.C. A Professional Services Corporation 250 Arapahoe, Ste. 300, Boulder, CO 80302 Phone: (303) 938-1231 Fax: (303) 938-1526 judsonhite@hitelaw.org July 12, 2016 Mr. Kim Ogle Senior Planner Weld County Department of Planning Services 1555 17th Ave. Greeley, CO 80631 Re. Hill - USR 16-001.1: Buc:hmcrn Parcel, 465 WCR 20.5 Dear Kim: Judson Hite, Esq. (Licensed in Illinois & Colorado) I am representing Tanner Hill who is under contract to acquire the above -referenced property, legally described as Lot 1, Bachman Conveyance Plat (the "Lot"). As you are aware, Mr. Tanner has submitted a site specific development plan to the Weld County Department of Planning Services (under application USR16-0015) in anticipation of his acquisition and development of the Lot into a dog kennel. Mr. Hill has received a copy of your Special Review Permit Administrative Review summary in which you recommend denial of his application. Your recommendation is based upon the City of Longmont's referral response objecting to the development plan as violating that certain Deed of Conservation Easement in Gross, dated October 17, 2013, and recorded in the Weld County Public Records at reception no. 3989854 (the "CE"). Longmont's referral response also states that Longmont does not permit kennels in any zone other than General Industrial. Longmont's position is contradicted by the express language of the CE and that of an accompanying Agreement in Furtherance of Annexation for Bachman Annexation to the City of Longmont, Colorado, dated on or about November 13, 2013, and recorded in the Weld County Public Records (immediately prior to the CE) at reception no. 3989853 (the "Annexation Agreement"). The Annexation Agreement and the CE must be read together. It is evident that the purpose of the two instruments was to enable Longmont to obtain driveway access to open space contiguous to the Lot by trading property with the Bachmans through several transactions that circumvented Weld County's subdivision regulations by temporarily annexing the Lot into and immediately deannexing it from the City. JUDSON C. HITE, ATTORNEY P.C. Mr. Kim Ogle July 12, 2016 Page 2 However, both instruments anticipate and acknowledge that development will occur after the Lot is no longer under City jurisdiction and that such development will be governed instead by Weld County rules and regulations: Paragraph 2 of the CE states that the construction of any structure on the Lot must be in accordance with appropriate municipal or county code in effect at the time of construction, including the acquisition of required permits and approvals; and Section 2.1 of the Annexation Agreement states that "[a]ll future development of the [Lot] will be subject to the applicable rules and regulations of Weld County since the [Lot] will deannex prior to development." Thus it is Weld County's, not the City of Longmont's zoning code that controls agricultural development on the Lot. Under the Weld County Zoning Ordinance, a kennel is permitted in the Agricultural (A) Zone District by special use review. Weld County Code, §§23-3-40(H) and 23-4-400. A kennel therefore constitutes a permitted agricultural use (upon appropriate review), under "applicable rules and regulations of Weld County" consistent with Paragraph 2 of the CE and Section 2.1 of the Annexation Agreement. Mr. Hill has previously informed Longmont of these issues and requested that its referral response be withdrawn. To date, no response has been forthcoming to that request. Furthermore, upon review, Longmont does in fact permit "animal care facilities" in the Agricultural (A) zoning district. including by special review if the facility includes outdoor activities. Mr. Hill's operations constitute an animal care facility with outdoor activities, and thus would not violate Longmont's land use code if it were applicable (which, as noted above, is not the legally determinative standard under the CE). Respectfully therefore, Mr. Hill requests that you revise your Administrative Review summary to conclude that Longmont's objection is without sufficient basis and revise your recommendation to approval. Please direct any questions or comments to my attention. Very truly yours, /s/Judson C. Hite Judson C. Hite cc: Bruce Barker, Weld County Attorney Kenneth L. & Rana A. Bachman 1762 Edgewater Place Longmont, Colorado 80504 cell 303-550-4642 ken@klbcpa.com June 2, 2016 To Whom it May Concern RE: Tanner & Sarah Hill Property located at 465 CR 20.5, Longmont, CO 80504 Dear Sir/Madame: We am writing to provide our opinion of Tanner and Sarah Hill constructing a kennel on the property located at 465 CR 20.5, Longmont, CO 80504. In our opinion this approximately 3 acre rural property would be the perfect location for a kennel facility. Based on the Hill's plans this property provides them with the location and space necessary to contruct a state of the art facility and would be an asset to the surrounding area. Since the Hills have a history of operating their kennels on a professional and responsible level we see no reason this would change in the future. If there are any questions or anyone would like to further discuss this matter with us please do not hesitate to contact us.. Respect ly ,fie Ke & Rana Bachman Longmont Municipal Code: 15.10.020 Defining Agricultural Use: Agricultural use means the growing of food or fiber products (including plowing, tilling, seeding, cultivating, harvesting, temporary storage, and the use of best management practices), the grazing or raising of livestock, sod production, nurseries, and Christmas tree plantations. "Agricultural use," for the purposes of this definition, does not include livestock confinements or feedlots, livestock marketing or auction facilities, livestock processing (except for consumption by the owners or tenants of the agricultural property), commercial retail facilities (except as allowed as an accessory use), or any other activity generally not accepted as an appropriate agricultural use as determined by the city. Esther Gesick From: Kim Ogle Sent: Monday, September 12, 2016 3:11 PM To: Karla Ford; Tisa Juanicorena Cc: Esther Gesick Subject: FW: REGARDING CASE # USR16-0015 Attachments: Dear Commissioners.docx; AGRICULTURE DEFINITIONS.docx; Pre -Annexation Agreement.pdf Esther, These documents were sent into Commissioner Cozad's office for inclusion in the Tanner Hill land use application case. Please make them a part of the record. Thank you Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.400.3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. ` Think Green - Not every email needs to be printed From: Tom Parko Jr. Sent: Monday, September 12, 2016 2:29 PM To: Kim Ogle <kogle@co.weld.co.us> Cc: Michelle Martin <mmartin@co.weld.co.us> Subject: FW: REGARDING CASE # USR16-0015 Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 1 Office: 970-400-3572 Mobile: 970-302-5333 cc -'s Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Julie Cozad Sent: Monday, September 12, 2016 2:27 PM To: Tom Parko Jr. <tparko@co.weld.co.us> Subject: FW: REGARDING CASE # USR16-0015 Hi Tom, Will you make sure that this is all included in the file and in Tyler? Thanks, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 icozad@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Aryn Scarbrough[mailto:arvnscarbrough24@gmail.com] Sent: Friday, September 09, 2016 5:44 PM To: Mike Freeman <mfreeman@co.weld.co.us>; Julie Cozad <icozad@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Sean Conway <sconwav@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: REGARDING CASE 14 USR16-0015 Thank you for reading the attached and taking into consideration. Aryn Scarbrough 2 Dear Commissioners: My name is Aryn Scarbrough and I was one of the individuals who came to the continued hearing on September 7"', (Continued from August 31A), that was continued to October 5'h. The hearing is in regards to the proposed dog kennel application by Tanner Hill. Case #USR16-0015. I have a terrific respect for maintaining the integrity of the Weld County process, but still felt strongly compelled to write a letter while we wait for the October 5'h hearing. My family 100% objects to this application being approved for 4 distinct reasons: 1.) The easement clearly states the parcel must be used for residential or agricultural uses. Even though the applicant would like to make the kennel in the shape of a barn, a commercial dog kennel, under absolutely every definition, is NOT agricultural. The applicant is attempting to broaden the definition of a word for his convenience and pocketbook. He is also attempting to use the surroundings (our property and the property of my neighbors) to make his commercial business seem more agricultural. A dog kennel, or daycare facility, or lovely farm like home for 75 dogs, is NOT agricultural. Please see attached pages for definitions of agricultural use/agriculture that you are already familiar with. 2.) The Bachman's agreed to the terms of the Conservation easement as part of their pre -annexation agreement (attached) and were well aware of the terms of the Conservation easement when they started their conversation with the applicant, almost to the point of being misleading. The property is also priced well above market value and only being sold to the applicant pending approval of this application. 3.) Throughout this hearing process, the word "compatible" has come up frequently. The definition of compatible is "when two or more things are able to exist or perform together in combination without problems or conflict". A dog kennel, of any kind, is not compatible with the area. Not only is a kennel not compatible with the rules of the easement, there is not I single neighbor, or farmer who owns the surrounding area, or the City of Longmont, who feels it conforms to the character of the neighborhood. a. I have personally visited Rock Hill Ranch, the applicant's current kennel and understand that he would like to make an exact replica so he can "have a crystal ball" of what a new one, on the Bachman's property, will look and feel like. It does NOT conform to this neighborhood. This area is a quiet area with wildlife UNLIKE that of his current location. We have deer, Bald eagles, hawks, coyotes, and a bear living here. The applicant stated that he seems to think with his current kennel, he has seen an increase in wildlife. I do not understand how there could be truth to that . We are not interested in the consequences to our wildlife that a dog kennel will bring. b. Additionally, County Road 20 %i is not fit for a commercial use. Neighbor Cathy Bryarly, a deputy with Boulder County and who also opposes the application, made it clear that some kind of road construction must take place in order for it to be safe for a commercial entity to be placed on the parcel. My question is who will be paying for that? Tanner Hill? 4.) Most emotionally for my family is that the proposed kennel is 60 FEET from the proposed property line to our property line. It is 75 FEET from my 3 year old daughter's bedroom window. When my husband and I picked this home to live, we moved to a way of life, not just a house. We raise our 4 year old, 3 year old, and 2 year old to respect the land, water, and air. We are teaching them how to provide for themselves through cultivating the land. My mother-in-law, father-in-law, my parents, my niece and nephews, sister and brother -in-laws, teach our kids about family HERE around the gardens at our home. We are also teaching them to have respect and dignity for other human beings. Under NO circumstances will they be taught that profiting off of another person's misery is acceptable. We have spoken with the applicant on a few occasions and he understands that we are 100% opposed to the kennel. He understands we oppose it because of several extremely legitimate reasons and he knows how close the proximity is to our house. He still is trying to pacify us to fill his pockets. What comes next is in your hands. Please do not approve this application. Thank you for your time and efforts with this case and love to each of your families. Aryn, Buck,Reese, Lia, & Dylan Scarbrough > Sec. 22-2-10. - Agriculture. Agriculture in the County ranges from crops, rangelands and feedlots to other forms of agribusiness, agri-tourism, agri-tainment and hobby farms (Weld County ) ➢ noun: agriculture the science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products. (Google ) > Agriculture: The science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products. (Merriam -Webster Dictionary) Agriculture: The cultivation of animals, plants, and fungi for food, fiber, biofuel, medicinal plants, and other products used to sustain and enhance human life. (Wikipedia) > Agriculture: The practices of farming or raising livestock such as cattle. Farmers and ranchers are in the agricultural business. (Business Dictionary) > Agricultural use: The growing of food or fiber products (including plowing, tilling, seeding, cultivating, harvesting, temporary storage, and the use of best management practices), the grazing or raising of livestock, sod production, nurseries, and Christmas tree plantations. "Agricultural use", for the purposes of this definition, does not include livestock confinements or feedlots, livestock marketing or auction facilities, livestock processing, (except for consumption by the owners or tenants of the agricultural property), commercial retail facilities (except as allowed as an accessory use), or any other activity generally not accepted as an appropriate agricultural use as determined by the city. (City of Longmont Municiple Code Chapter 15.10.020) PRE -ANNEXATION AGREEMENT O11 THIS AGREEMENT is entered into this y day of 1z yeapr , 2010, by and between the City of Longmont, Colorado, a municipal corporation ("City"), and Kenneth L. and Rana A. Bachman, whose mailing address is 1778 Sunlight Drive, Longmont, Colorado 80501, ("Owner.") RECITALS: The Owner is the owner of record of a parcel of real property located on Weld County Road 20'/2, known as the Bachman Annexation ("Property"), the legal description of which is attached as Exhibit A; and The Property is surrounded on three sides by the Sherwood Open Space Parcel ("Sherwood Parcel") which will be annexed to the City and will provide contiguity for the annexation of the Property; and The City and the Owner, following annexation of the Property, desire to exchange a portion of the Property for a similarly sized portion of the then City -owned Sherwood Parcel, as it will aid the City in managing access to the Sherwood Parcel, the farm on that parcel and the current and any future oil and gas wells on that parcel, and it will provide the Owner with additional set -back from the noise and interference of the roadway. The parties desire to state their duties and responsibilities regarding the annexation and development of the Property; and The parties shall not construe this Agreement to bind or limit the full exercise of the City Council's discretion in the legislative decision of whether or not to annex the Property. IN CONSIDERATION of the recitals, mutual promises, and covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties covenant and agree as follows: 1. Owner shall file a petition for annexation of the Property with the City Clerk, conditioned on the terms and provisions of this Agreement. Subject to the requirements of the terms and conditions herein and subject to the provisions of the Colorado Annexation Act, C.R.S §§ 31-12-101, et seq the City agrees to annex the Property. 2. Subsequent to annexation, Owner agrees to apply for and the City agrees to process a minor subdivision of the Property to create a separate parcel described in Exhibit B L:\Rowtc\WPDOCS\opea,pecc\Bachman\Preannat sir finaL doc 12/2/2010 ("Parcel B"), and the City will undertake a similar minor subdivision process to create a separate parcel from the Sherwood Parcel, described in Exhibit C ("Parcel C"), adjacent to the Property. The City's subdivision is strictly for conveyance purposes and not for purposes of development. 3. The City agrees to convey Parcel C to the Owner in exchange for the Owner conveying Parcel B to the City. As a condition of this conveyance, Owner will grant a permanent conservation easement to the City which will limit the use of Property in perpetuity to single-family residential and agricultural uses and to one single-family residence and structures accessory to the residential and agricultural uses of the Property, provided that the combined square footage of all structures on the Property shall not exceed 15,000 square feet. 4. Water Rights. There are no historical water rights appurtenant to the Property. Owner currently has a contractual right to utilize certain water rights pursuant paragraph 16. m. of the Lease/Purchase Agreement between the City and Donald Sherwood for the of the purchase of the Sherwood Parcel. Owner's contractual interest in those water rights extends until December 31, 2021. The City will not convey any water rights to Owner with Parcel C, but will honor Owner's use of the contractual right on the new parcel which includes Parcel C. 5. Utility Services — De -annexation. The City and Owner Parties acknowledge that the Property is currently served domestic water by the Left Hand Water District, and that the City will not be extending utility services to the Property. Because the City will not be providing utility services, and because of the location of the Property, the City agrees that it will review and process the de -annexation of the Property at the request of the Owner, as will be more fully detailed in the annexation agreement of the Property. 6. Annexation Agreement. Owner acknowledges and understands that he will be required to enter into the City's customary annexation agreement as a condition of annexing the Property to the City. 7. Provisions Construed as to Fair Meaning. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 8. Headings for Convenience. All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Agreement. 9. Agreement as Covenant. This Agreement, and all of its obligations, shall run with the land and be a covenant with respect thereto, and shall be binding upon the parties, their 2 L:1Rouricc\WPDOCS\Open sp.ce\Bachman\Remnex agr final doc 12/2/2010 respective heirs, successors and assigns. The City shall record this Agreement with the county clerk and recorder. 10. No Third Party Beneficiaries. None of the terms, conditions or covenants in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the City or the Owner receiving services or benefits under this Agreement shall be only an incidental beneficiary. 11. Financial Obligations of City. All financial obligations of the City under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Agreement shall be deemed a debt of the City, nor a pledge of the City's credit, or a collection or payment guarantee by the City to the Owner. 12. Integrated Agreement and Amendments. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. The parties shall only amend this Agreement in writing with the proper official signatures attached thereto. 13. Waiver. No waiver of any breach or default under this Agreement shall be a waiver of any other or subsequent breach or default. 14. Severability. Invalidation of any specific provision of this Agreement shall not affect the validity of any other provision of this Agreement. 15. Governing Law. This Agreement shall be governed and construed according to the laws of the State of Colorado. 16. Binding Effect. This Agreement shall be binding upon the parties and their respective heirs, successors, assigns and grantees. 17. Owner Defined. Unless the context otherwise requires, as used in this Agreement, the term, Owner, includes, jointly and severally, every person named in this Agreement as an Owner. Singular references to Owner include the plural and plural references to Owners include each individual Owner. 3 L:Vtomice\WPDOCS\Open apace\Bachman\Pratnnex agr final doc 12/2/2010 CITY OF LONGMONT, a municipal corporation ATTEST: \29.NO3) zztb CITY CLERK APPROVED AS TO FORM: O �C�ct�za m� rrl�OF READ APPROVED AS TO FORM AND SUBSTANCE: ORIGINATING DEPARTMENT Ca file: 8388 By: DATE 10-9-dolo DATE / Z/7/ZOj DATE 4 L:VtourkeeWPDOCS\Opea spacaackaan\Preaanex ap fin.] doc 12/2/2010 State of dotes/Apo ) ) ss: County of (01410‘42.. ) Rana A. . achrnan 7 The foregoing ' ent was acknowledged before me by J E jINc1 a L- &w/'&v this "d day of ICMitfx , 2010. Witness my hand and official Seal. My Commission expires At-teuct' /0, „iv I3 CAROL R.TUHKANEN NOTARY PUBLIC ;___Q___,TATE OF COLORADO My Commission Expires August 10, 2013 State of LMott ) ) ss: County ofi4b- ) Notary Public The foregoing ' ent was acknowledged before me by 'RANR A. BRu awi this a rld day of u idien6i-K- , 2010. Witness my hand and official Seal. My Commission expires 4eusr' /0, doi S CAROL R.TUHKANEN NOTARY PUBLIC STATE OF COLORADO My Commission Expires August 10, 2013 LAltparkekWTDOCSVpea wsoctB.etLmrairearac a Eeal.doc 1211/2010 Ame rR:-----Cmiiikka. Notary Public 5 ,i EXHIBIT A Legal Description Property to Be Annexed Lot A of Recorded Exemption No. 1313 -18 -2 -RE 3229, a parcel of land located in the West '/z of the NE 'A and the NW 'A of Section 18, Township 2 North, Range 68 West of the 6`h P.M., County of Weld, State of Colorado, also known by street and number as 465 Weld County Road 20.5, Longmont, CO 80504. 6 L:\Rourke\WPDOCSCipea sp.cekBichman\Premaex agr fmaidoc 12,2/2010 EXHIBIT B Legal Description Parcel B ENGLAND SURVEYING, INC. P.O. Box 908 Lyons, CO 80540 Phone: 303-823-5461 Fax: 303-823-5871 englandsurveying®aol.com 11/1/2010 LEGAL DESCRIPTION EASTERLY PORTION OF LOT A, RE 3229 A PORTION OF LAND LOCATED IN THE NORTH % OF SECTION 18, 12N, R68W OF TIM? &'H P.M., WELD COUNTY, COLORADO. BEARINGS ARE BASED ON THE SOUTH LINE OF THE N.W.'/. OF SECTION 18, T2N, R68W AND ARE ASSUMED AS BEARING, N88. 10'28"E, WITH ALL OTHER BEARINGS I IEREIN RELATIVE THERETO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER '/ OF SAID SECTION 18; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18. N00 10'11"W, 30.00 FEET TO A POINT ON THE NORTHERLY ROW OF WELD COUN'T'Y ROAD 20.5. SAID POINT ALSO [WING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE, N00' 10111"W, 255.87 FEET; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE, N88 10'15M, 150.84 FEET; THENCE S0I '49'45"E, 255.76 FEET TO A POINT ON THE SAID NORTHERLY ROW OF WELD COUNTY ROAD 20.5; THENCE ALONG SAID NORTHLERY ROW, S88' 10'15"W, 158.25 FEET TO THE TRUE POINT OF BEGINNING, SAID PORTION OF LAND CONTAINING 0.907 ACRES OR 39.526.845 SQUARE FEET, MORE OR LESS. DATE 7 L:ucourkekWPDOCS\Opm epaceka.chmao\Preannex sr 6na] doc 12/2/2010 EXHIBIT C Legal Description Parcel C ENGLAND SUR\erEYlwc;. f; C. - P.O. Box 908 Lyons, CO 80540 Phone: 303-823-5461 Fax: 303-823-5871 englandsurveyfng®aoicom 11/1/2010 LEGAL DESCRIPTION LONGMONT TO BACLIMAN 1.4 ACRES, MORE OR LESS. A PORTION OF LAND LOCATED IN THE NORTH 'A OF SECTION 18, T2N, R68W OF THE 6.1" P.M., WE!]) COUNTY, COLORADO. BEARINGS ARE BASED ON THE SOUTH LINE OF TI IE N.W. '/. OF SECTION 18, T2N, R68W AND ARE ASSUMED AS BEARING. N88' 10'28"E, WITH ALL OTHER BEARINGS HEREIN RELATIVE THERETO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER'/. OF SAID SECTION 18; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18, N00' 10'11"W, 30.00 FEET TO A POINT ON THE NORTHERLY ROW OF WELD COUNTY ROAD 20.5; THENCE ALONG SAID NORTHERLY ROW, S88' I0'28"W. 268.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY ROW, S88. 10'28"W, 80.00 FEET; THENCE LEAVING SAID NORTHERLY ROW, NO I ' 49'50"W. 369.65 FEET; THENCE N88' 10'28"E. 358.91 FEET TO A POINT ON SAID NORTH -SOUTH CENTERLINE OF SAID SECTION; THENCE ALONG SAID NORTH -SOUTH CENTERLINE, 500 10'11"E. 1 13.93 FEET TO A POINT ON THE NORTH LINE OF LOT A OF RE 3229; THENCE ALONG SAID NORTH LINE. SW ' 10'28"W, 275.61 FEET: THENCE ALONG THE WESTERLY LINE OF SAID LOT A OF RE 3229. S01 '49'50"E, 25536 FEET TO HIE TRUE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINING 1.404 ACRES, MORE OR LESS. DATE 8 LARourke1/4V/PD0CSOpen epce.Baclunsn\Pranmx ag final doe 12/2/2010 Hello