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Home My WebLink About20151380.tiff RECEIVED MAY 1 4 2015 WELD COUNTY COMMISSIONERS ANNEXATION IMPACT REPORT (05/05/2015) Prepared for: Town of Frederick PO Box 435 Frederick,CO 80530 Rub Rwle i CC: ;Gi5;5o,cm;Pt.:,- w slid 51x0/15 2015-1380 1 1 . Project Description 1 2 . Municipal Services 1 3 . Special Districts 2 4. School District Impact 2 5 . Exhibits 3 A. Existing Conditions Map and Proposed Land Use Map B. Annexation Map Forward: This "annexation impact report" has been prepared pursuant to Section 31 - 12- 108. 5 Colorado revised Statutes, 1986 Repl. Vol . Contained in Exhibit "A" is a map depicting the proposed annexation, the exiting and proposed public services to the property and the exiting and proposed land use for the property. 1 . Project Description : The property proposed for annexation consists of Two parcels including WCR 17 containing approximately 127. 353 acres and is located (Location of the property to be annexed. Indicate adjacent roads or subdivision or Section, Township and Range, i. e. "the northeast corner of Colorado Highway 52 and WCR 7" or "the north half of Section 27, Township 2 North, Range 67 West":). The annexation is contiguous to the Town (Give the location of the contiguity between the Town and the area to be annexed This may include a description of a flagpole or the adjacent boundary.). ("Through the series of annexations, ") it satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by James and Beverly Brunemeier. (Detail any unique features about the annexation, i. e. "The site is comprised into two parcels as depicted on the annexation map (See Exhibit B). Parcel 'A " contains 92. 93 acres and Parcel "B" contains 34. 82 acres. The land is currently zoned 'Agriculture "in Weld County. The applicant is not requesting town zoning at this time. (Confirm with Jenn) Adjacent land uses to the west and southwest are residential . Adjacent land uses to the south east are the Town of Frederick and Central Weld's water supply infrastructure. All other adjacent properties are vacant. 2 . Municipal Services : Municipal services for the Brunemeier Annexation will be provided in the following manner: Electricity Electric services are to be provided by either Town of Frederick or United Power (Confirm with Kent) Telephone U .S. West Communications Water The Town of Frederick (confirm with Mohammed) Sanitary Sewer St. Vrain Sanitation Fire Frederick/Firestone fire protection district 3 Police the Town of Frederick Street Maintenance Maintenance of roadways within the annexation will be provided by the Town after construction to Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Frederick. The annexation agreement is currently under negotiation and not yet available. 3 . Special Districts: The area to be annexed is included within the following special districts : • St. Vrain Valley School District R- 1J • Frederick Firestone Fire District • Northern Colorado Water Conservancy District • St. Vrain Sanitation District • Central Weld County Water District • High Plains Library • Longmont Conservation The property is to be included in the Carbon Valley Recreation District at the time of annexation . 4. School District Impact: Development is not anticipated at this time. (0) Single Family Homes Factor School Group Student (350) K through .5r 0 ( 140) Middle School _ 0 (170) High School 0 Total 0 Students 5 . Exhibits: 4 A. Existing Conditions and Proposed Land Use Map. (Attach 8 %2 " x 11 „ map, see C.R.S. § 31-12-108.5 for the requirements) (Confirm ability to use annexation map for both exhibits) B. 31-12-108.5. Annexation impact report - requirements. ( 1 ) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31 - 12- 108 and shall file one copy with the board of county commissioners governing the area proposed to he annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum : (a) A map or maps of the municipality and adjacent territory to show the following information: (I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (II) 'l'he present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (III) The existing and proposed land use pattern in the areas to be annexed; (b) A copy of any draft or final preannexation agreement, if available; (c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) A statement identifying existing districts within the area to be annexed; and (f) A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students. 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BOX 458 1400 N 17th AVE GREELEY, CO 80632-0458 DO NOT PAY THIS BILL IF YOUR MORTGAGE COMPANY WILL MAKE THIS PAYMENT 054917 71468 TO AVOID PENALTIES AND INTEREST PAY ON OR BEFORE DUE DATE BRUNEMEIER JAMES A BRUNEMEIER BEVERLY J . 2526 COUNTY ROAD 10 SECOND HALF DUE BY JUNE 16, 2014 $35.68 ERIE, CO 80516-8603 PAGE 2 OF 2 Retain this portion for your records ' Imo . I WELD COUNTY TREASURER P.O. BOX.458 . i 1400 N 17111 AVE Make Checks Payable To: WELD COUNTY TREASURER • GREELEY, CO 80632-0458 POST DATED CFtECKS ARE NOT ACCEPTED � '' ` REAL ESTATE TAX NOTICE ACCOUNT # F11270596 2013 TAXES DUE IN 2014 PARCEL # 131132100025 TAX DISTRICT: 3571 Atli. IIOIRII `1 LEVY CREDIT NE1 LEVY TAX VALUATION AC. IU& . ASSESSED WELD COUNTY 22.038 16.80400 $13.78 . LAND $2,829 $820 SCHOOL DIST RE IJ 0.00000 53.67900 $44.02 BUILDINGS/IMPROVE $0 $0 NORTHERN COLORADO WATER tt 0.00000 1 .00000 $0.82 PERSONAL $0 $0 CENTRAL WELD COUNTY WATER 0.00000 0.00000 1$8•802 O• ' TOTAL $2,829 $820 FREDERICK-FIRESTONE FIRE 0.00000 11 .36000 9.32 $0 FREDERICK-FIRESTONE FIRE 0.00000 0.91700 $0.75 SEty NET EXEMPTION TOTAL $2,6$0$029 $820 HIGH PLAINS LIBRARY 0.00000 3.26400 $2.67 NET LONGMONT CONSERVATION 0.00000 0.00000 $0.00 MESSAGES TOTAL NET LEVY a 87.02400 $71 .36 #1 Making a Payment #2 Delinquent Payments FEE $0.00 #3 Payment Receipt #4&5 Senior or Vet Exemption SPECIAL ASSESSMENT $0.00 GRAND TOTAL $71.36 Email Verification Code: J0XKQQ0Z The value of your property for 2014 will not change from the values shown on this tax notice unless the Assessor's office sends you a notice of value in May or June, 2014. SD 25 - In absence of State Logiolatute Funding, your School General Fund mill levy would have been 67.9640 .E' /11. DE'C F41177 ION OF PROPER I Y SE4 NE4 32-2-67 EXC BEG AT E4 COR $89D24'W 335.62' TH N0O0'W 330.03' P. MIEN I ;•x1 E rid 1: AMOUNT N9D(4438163' N0R01'Y+/ 150.00 NOD03'E 200' N89D24'E 329.85' TH S TO E4 COR POB FIRST HALF FEBRUARY 28, 2014 $35.68 SECOND HALF JUNE 16, 2014 $35.68 I FULL PAYME4II APRIL 30, 2014 S71 3A 111111111 III IIIIIIIIIIIIIIIIl1111111111111IIIIIIII < 2nd Half Coupon 2013 TAXES DUE IN 2014SR11270 X270 I_k ti 396 Return tilts cou on with ayment to: WELD COUNTY TREASURER P.O. BOX 458 1400 N 17th AVE GREELEY, CO 80632-0458 DO NOT PAY THIS BILL. IF YOUR MORTGAGE COMPANY WILL MAKE THIS PAYMENT 054917 1 II tllltiilt �I r,l III rr �II�I ! I rarr 'dill TO AVOID PENALTIES AND INTEREST PAY ON OR BEFORE DUE DATE I It IIII f II IIII II III II IIIIIf I I I I . . ki BRUNEMEIER JAMES A Ts 45€ .11.1;. , . • .. BRUNEMEIER BEVERLY J SECOND HALF DUE BY JUNE 16, 2014 $91 .37 1 rt' 2526 COUNTY ROAD 10 ERIE CO 80516-8603 Retain this portion for your records PAGE Imo , i WELD COUNTY TREASURER P.O. SOX 45$ I 1400 N 17th AVE Make Checks Payable To: WELD COUNTY TREASURER ' GREELEY, CO 80632-0458 POST` • DATED ` t ECKS E NOT ACCEPTED , •• ` REAL ESTATE TAX NOTICE S jJ CCOUNT # R1270396 2©13 TAXES DUE IN2014 T -� � .t ` PARCEL # 1311321OOO23 Z' TAX DISTRICT: 3571 AUTHORITY LEVY CREDIT NET I EVY TAX VALUATION ACTUAL ASSESSED WELD COUNTY 22,038 16.80400 $35.28 LAND SCHOOL DIMflE1J 0.00000 53.67900 $1 12.73 BUILDINGS/IMPROVE $7,243 $2,1$00 NORTHERN COLORADO WATER 0.00000 1.00000 S2. 10 PERSONAL 0 $0 CENTRAL WELD COUNTY WATER 0.00000 0.00000 $0.00 TOTAL FREDERICK-FIRESTONE FIRE # 0.00000 11 .36000 $23.86 $7,243 $2,100 FREDERICK-FIRESTONE FIRE 0.00000 0.91700 $1.93 SEN/VET EXEMPTION $0 $0 HIGH PLAINS LIBRARY 0.00000 3.26400 sass NET TOTAL $7,243 $2,100 LONGMONT CONSERVATION 0.00000 0.00000 $0.00 MESSAGES TOTAL NET LEVY = 87.02400 X182.75 41 Making a Payment 42 Delinquent Payments FEE $$0.00 #3 Payment Receipt #4&.5 Senior or Vet Exemption SPECIAL ASSESSMENT $0.00 GRAND TOTAL $182.75 Email Verification Code: J9XKQQ0Z The value of your property for 2014 will not change from the values shown on this tax notice unless the Assessor's office sends you a notice of value in May or June, 2014. 30 25 - in absence of Slate Legrstaiure Funding. yam School General Fund mill levy would have beer r 87 9640 LEGAL DESCRIPTION OF PROPEHTY 20766 NE4 32-2-67 EXC 1A IN NW COR ALSO EXC PT N2 E4 LYING OF PAYMEN'1 DUE DATE AllMll INT STANLEY DITCH ALSO EXC BEG 30'W OF E IN OF SEC & 127.90' WI S OF N LN OF SEC 3482. 10' THENCE TO RIGHT 90Di I' 325.69' MIL THEN E ALONG S LW FIRST HALF FEBRUARY 28, 2014 $91 .38 ( STANLEY DITCH TO BEG 119.5A) ALSO EXC BEG 197.70'N OF E4 COR WI&/ i SECOND HALF JUNE 16., 2014 $91 .37 rg i Customer Distribution Land Our Order Number: FC25130578-2 Title GUARANTEE COMPANY —s;,ge 1967 Date: 04-22-2015 Property Address: VACANT LAND WELD 80000 For Closing Assistance Closer's Assistant For Title Assistance Debbie Pinkerton VERONICA ARMIJO FT. COLLINS CUSTOMER CARE 195 SOUTH TELLURIDE ST #10 195 SOUTH TELLURIDE ST #10 772 WHALERS WAY #100 BRIGHTON, CO 80601 BRIGHTON, CO 80601 FORT COLLINS, CO 80525 303-655-9973 (phone) 303-655-9973 (phone) 970-282-3649 (phone) 303-393-4928 (fax) 303-393-4900 (fax) 970-282-3652 (fax) dpinkerton@ltgc.com varmijo@ltgc.com customercare@ltgc.com Seller/Owner JAMES A. BRUNEMEIER AND BEVERLY J. BRUNEMEIER Delivered via: Electronic Mail i I Land Title GUARANTEE COMPANY , -Since 1967 Wire Instructions Bank: FIRSTBANK OF COLORADO Address: 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No: 107005047 Account: 2160521825 Attention: Debbie Pinkerton Reference FC25130578-2 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Title can not accept buyer funds in the form ofpersonal checks, and buyer funds delivered using Y y ACH payment systems may result in the delay or cancellation of your dosing. Land Title Guarantee Company Pig Estimate of Title Fees Land Title GUARANTEE. COMPANY -Since 1967 Order Number: FC25130578-2 Date: 04-22-2015 Property Address: VACANT LAND WELD 80000 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: JAMES A. BRUNEMEIER AND BEVERLY J. BRUNEMEIER Visit Land Title's website at www. tgc.com for directions to any of our offices. Estimate of Title insurance fees v i TBD Commitment $247.00 Endorsement 110.2-06 #28 $0.00 Tax Certificate $40.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $287.00 THANK YOU FOR YOUR ORDER! - -1 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: FC25130578-2 Customer Ref-Loan No.: Property Address: VACANT LAND WELD 80000 1. Effective Date: 04-15-2015 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: JAMES A. BRUNEMEIER AND BEVERLY J. BRUNEMEIER 5. The Land referred to in this Commitment is described as follows: LOT B, CORRECTED RECORDED EXEMPTION NO. 1311-32-1-RE1674, ACCORDING TO THE MAP RECORDED DECEMBER 17, 1996 AT RECEPTION NO. 2525399, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT PARCELS OF LAND CONVEYED TO THE FARMERS RESERVOIRS AND IRRIGATION COMPANY BY DEEDS RECORDED JANUARY 5, 1910 IN BOOK 314 AT PAGES 2$5 AND 286, COUNTY OF WELD, STATE OF COLORADO. Copyright 2006-2015 American Land Title Association. All Rights Reserved ,h,r I VO) rlrrr %cselfl.III)6 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: FC25130578-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instruments) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. WARRANTY DEED FROM JAMES A. BRUNEMEIER AND BEVERLY J. BRUNEMEIER TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: FC25130578-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the ' Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENTS RECORDED OCTOBER 22, 1903 IN BOOK 131 AT PAGE 114, AND MARCH 7, 1908 IN BOOK 131 AT PAGE 208. 10. UNDIVIDED TWO-THIRDS INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED, RECORDED MARCH 18, 1918, IN BOOK 502 AT PAGE ,2 6, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11. RIGHT OF WAY EASEMENT AS GRANTED TO CENTRAL WELD COUNTY WATER DISTRICT IN INSTRUMENT RECORDED MARCH 12, 1970, UNDER RECEPTION NO. 1543822. 12. OIL AND GAS LEASE RECORDED MAY 26, 1970 UNDER RECEPTION NO. 1548051 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION, PURSUANT TO CRS 38-42-106, BY MACHII-ROSS PETROLEUM CO., RECORDED MARCH 13, 1974 IN BOOK 710 AS RECEPTION NO. 1631870. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: FC25130578-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. OIL AND GAS LEASE RECORDED MAY 26, 1970 UNDER RECEPTION NO. 1548453 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION, PURSUANT TO CRS 38-42-106, BY MACHII-ROSS PETROLEUM CO., RECORDED MARCH 13, 1974 IN BOOK 710 AT RECEPTION NO. 1631871. 14. OIL AND GAS LEASE RECORDED JULY 20, 1970 UNDER RECEPTION NO. 15515A1 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION, PURSUANT TO CRS 38-42-106, BY MACHII-ROSS PETROLEUM CO., RECORDED MARCH 13, 1974 IN BOOK 710 AT RECEPTION NO. 1631869. 15. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE CORPORATION IN INSTRUMENT RECORDED OCTOBER 13, 1972, UNDER RECEPTION NO. 1599528. 16. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE CORPORATION IN INSTRUMENT RECORDED OCTOBER 13, 1972, UNDER RECEPTION NO, 1599529. 17. UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED, RECORDED APRIL 18, 1973, UNDER RECEPTION NO. 1611537, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 18. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF FREDERICK IN INSTRUMENT RECORDED SEPTEMBER 12, 1978, UNDER RECEPTION NO. .1760293. 19. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF INTERESTS REGARDING MINERAL INTEREST RECORDED MARCH 11, 1983 AT RECEPTION NO. O19993. 20. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON RECORDED EXEMPTION NO. 1311-32-1-RE1674, RECORDED SEPTEMBER 26, 1996 AT RECEPTION NO. ?5J271Q, AND CORRECTED RECORDED EXEMPTION NO. 1311-32-1-RE1674, RECORDED DECEMBER 17, 1996 AT RECEPTION NO. 2525399. 21. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT RECORDED APRIL 01, 1994, UNDER RECEPTION NO. 2381572. 22. TERMS, CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMENT EVIDENCED BY MEMORANDUM RECORDED DECEMBER 13, 1999 AT RECEPTION NO. 2738202. 23. NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE RECORDED NOVEMBER 16, 2000, UNDER RECEPTION NO. 2807481. 24. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT RECORDED APRIL 21 2006 UNDER RECEPTIONNO. 381136. ' 25. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT RECORDED OCTOBER 15, 2007 UNDER RECEPTION NO. 3511023. Old Republic National Tide Insurance Company Schedule B-2 (Exceptions) Order Number: FC25130578-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 26. REQUEST FOR NOTIFICATION (MINERAL ESTATE OWNER), RECORDED DECEMBER 21, 2007, UNDER RECEPTION NO. 3525268- 27. ANY INCREASE OR DECREASE IN THE AREA OF THE LAND AND ANY ADVERSE CLAIM TO ANY PORTION OF THE LAND WHICH HAS BEEN CREATED BY OR CAUSED BY ACCRETION OR RELICTION, WHETHER NATURAL OR ARTIFICIAL; AND THE EFFECT OF THE GAIN OR LOSS OF AREA BY ACCRETION OR RELICTION UPON THE MARKETABILITY OF THE TITLE OF THE LAND. NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1981 IN BOOK 949 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 IN BOOK 990 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 IN BOOK 1037 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 IN BOOK 1045 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 IN BOOK 1187 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 IN BOOK 1229 AT RECEPTION NO. 2175917. (D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 IN BOOK 949 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 IN BOOK 1117 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 IN BOOK 1041 AT RECEPTION NO. 1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 IN BOOK 949 AT RECEPTION NO. 1871004. (G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 IN BOOK 1063 AT RECEPTION NO. 2004300. (H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9, 1981 IN BOOK 952 AT RECEPTION NO. 1874084. (I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION NO. 2164975. (J) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. 28. DEED OF TRUST DATED MARCH 30, 1994 FROM BUD W. HUNZIKER AND JOYCE M. HUNZIKER TRUST TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF COLORADO COMMERCIAL INVESTMENT ANALYSIS SYNDICATE NO. 3, A COLORADO LIMITED PARTNERSHIP TO SECURE THE SUM OF $120,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED APRIL 01, 1994, UNDER RECEPTION NO. 2381573. NOTE: THIS COMPANY HAS AN AGREEMENT WHICH WILL ENABLE US TO INSURE AGAINST LOSS OR DAMAGE INCURRED BY REASON OF THE ENFORCEMENT OR ATTEMPTED ENFORCEMENT OF ITEM 28 SHOWN ABOVE BY ATTACHING COLORADO ENDORSEMENT NO. 110.2 TO OUR OWNERS POLICIES WHEN ISSUED. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, and Title LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, GUARANTEE COMPANY LAND TITLE INSURANCE CORPORATION AND W W W . L T G C .C o M OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: IP We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. rig LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY DISCLOSURE STATEMENTS —Since 1967- Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule 0-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. 0) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include; disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-U-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. • ,.• Pt. Tier&F4�. �4) it ti�• ,, * 4tG� * Z _ Commitment to Insure n: � - ,, ^� - Oft o� * * 0 * ' t solo l,s ' "' ► ► ► " ► t ► , ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title Insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company, All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otheiviise acquires actual knowledge of any such defect. lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company tinder this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records, 5. Defects, Hens, encumbrances, adverse claims or other matters, if any, created. first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the elate the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this I Commitment. iN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. . Issued by: , , i r , , Old Republic National Title Insurance Company Land Title Guarantee Company , , t_ T I 7-Lk , , a Stock Company 3033 East First Avenue ` �N / 400 Second Avenue South Suite 600 ,'I'* * *f *if' ',I Minneapolis, Minnesota 55401 Denver, Colorado 80206 13 (612)371-1111 303-321-1880 (fl 4' m - Mark Bilbiey i7 �1� ' % * * n = President / John E. Freyer rot, * O • AMERICAN President b� 1/4• LAND TITLE 4770 d ` -1-------- A;SOClATION Authorized Officer or Agent � ' . , ),14.14°, `N ' Rance Yeager Secretary •N. ``Si ru 1 I riiiThil TOWN OFF FR EDERICK DERICK • PLANNING DEPARTMENT rp P� 1 fi � ? 401 LOCUST STREET • P.O. BOX • FREDERICK,i 435 CO 80530-0435 PHONE: (720) 382-5500 - FAX: (720) 382-5520 Built On What Matters www.frederickco.erov ;t LAN UE:ANPLTCATION FORM PROJECT NAME: -7.2 _ A. DATE SUBMITTED: APPLICATION DEPOSIT & FEE: *• a TYPE OF APPLICATION: �� " Annexation, Zoning and Concept Plan 0 Minor Modification O Temporary Use ❑ Annexation Agreement Amendment 0 Minor Subdivision Replat 0 Vacation of ROW or Easement ❑ Appeal of Administrative Decision O Oil and Gas Drilling 0 Variance/Waiver O Code Text/Comprehensive Plan amendment/ ❑ Preliminary Development Plan 0 Vesting Property Rights Planning Area Amendment ❑ Conditional Use Review 0 Preliminary Plat 0 Zoning Compliance Letter ❑ Conditional Use Site Plan 0 Site Plan 0 Zoning Map Amendment ❑ Final Development Plan ❑ Sketch Plan ❑ Written Interpretation ❑ Final Plat 0 Street Name Change 0 Other ❑ Metropolitan District _ 0 Subdivision Amendment PROJECT INFORMATION: Legal Description of Property (location within township, section, and range): h� Q NE-4- „ �3z -z.- 0- EX c IA- ..-t: t4i ] e- i,.1/4 tia c. p`T iii itCgi Iry TNT): N o r _�m-�u x o_Z a ' A Aiso . 1-3E8-- ,L/_ ire- EL..r� oi- 5c t4- 61/44.1.( ZT' 9of iv�, S of-' L_ c>12-set 91W a Jo ' TftENLE (6 # 9 i j AD Z' N- u ri i' ( i 1 .5e9 /'L r5o et) '�Gr trait: pplicant s Name (This will be the primary contact): Phone/Fax: r 1 r M (1 r L, o fraiLititeg lr� iut ,its r) AI P . 7Z. - 5.) ,/ - ig 2 Address: -To — u aiU Lou Relation to Property Owner: Er ► ? ) 00 5r t- b Co r , E-mail Address: •` s✓i c f��' �'.rLLa:se C�-- e.@jCG I--(L A#; '�4 e I ADDITIONAL CONTACTS! Property Owner: n Consultant Business Name: \ /i M it I tom' Consultant Personal Contact: Address: 2 • Go a0 kn, i PJ to Address: , l . Cis n t , Oa fi[ 66 14 Phone/Fax: 2 1 A ( 4, Phone/Fax: E-mail Address! 4. I E-mail Address! i - L�� el 95-e,;(0) pkaAateut a LAND USE APPLICATION FORM (CONTINUED) Property Owner: Consultant Business Name: Consultant Personal Contact: Address: Address: l Phone/Fax: Phone/Fax: E-mail Address: E-mail Address: TOTAL ACREAGE OF PROPERTY UNDER CONSIDERATION: L1� Is site within Frederick Planning Area? �x Yes I o No Project Address (if applicable): Existing Use: Existing Zoning: Proposed Use: ,v t , ; ke41 . P1: ..0 ca, Proposed Zoning: Number of Existing Residential Lots: Number of Proposed Residential Lots: Number of Existing Commercial Lots: Number of Proposed Commercial Lots: Number of Existing Industrial Lots: Number of Proposed Industrial Lots: Is there an existing MOAN in place? o Yes 7(No If yes, please provide reception date and number. COMPREHENSIVE PLAN MAP DESIGNATIONS: LAND USE 8t. PUBLIC FACILITIES UTILITY AND SPECIAL DISTRICTS Land Use Designation(s): Water: Sewer: Public Facilities: Fire Protection: Other: -TRANSPORTATION ENVIRONMENTAL ISSUES Street Connections: Property in Fioodplain: ❑ Yes o No Sensitive Wildlife habitat area: ❑ Yes 0 No PARKS, OPEN SPACE AND RECREATION SUBSIDENCE AND OIL AND GAS Proposed park and/or trail: Subsidence area : o Yes ❑ No Oil and/or gas wells: o Yes ❑ No CERTIFICATION: I certify that I am the lawful owner of the parcel(s) of land which this application concerns and consent to this action. r I Owner: �/ `�, ��'��v I certify that the information and exhibits I have submitted are true and correct to the best of my knowledge. In thing this application I am acting with the knowledge and consent of the property owners. I understand that all materials and fees required by the Town of Frederick must be submitted prior to having this application processed. Applicant: Date: 2 Brunemeier Annexation Letter of Intent City of Frederick, After the annexation we will continue to keep the property as a farm, until such time as we sell it. We think it would be a good use as future mixed use / residential as delineated on the Town zoning map. It will be a great place for people to live, as it has such good views and a nice lay of the land . Thank you. Sincerely, c � ames & verly Brunemeier et,,DERIcK CO, TOWN OF FREDERICK r7...-- 401 Locust Street • P.O. Box 435 • Frederick, CO 80530-0435 f thcoKr r° '9o' Phone: (720) 382-5500 • Fax: (720) 382-5520 Website: www.frederickco.gov Planning Department Notice of Neighborhood Meeting Regarding the Brunemeier Annexation January 8, 2015 To Whom It May Concern: A neighborhood meeting will be held Wednesday, January 28, from 5:30 PM to 6:30 PM at the Town Hall located at 401 Locust Street, Frederick, Colorado for the following proposal . Proposal Brunemeier Annexation Location South and west of the CR 16/CR 17 intersection Property Owner James Brunemeier Applicant James Brunemeier Applicant Contact Tom Van Lone Phone 720-524-4222 Email erierealestate©comcast. net Town Planner Chris Kennedy, Town of Frederick Phone 720.382.5652 Fax 720.382.5520 Email ckennedy©frederickco.gov At the neighborhood meeting, the applicant will present an overview of the proposed project. During the meeting, Town staff and the applicant will be available to respond to your comments and questions regarding the proposal and process. 401 Slass- \) Locust Street • P . Q . Box 435 • Frederick , CO 80530-0435 FREDER I � (U� Phone : 720 382-5500 • Fax: 720 - J � ( ) 382 5520 �COLORADo1 www. frederickco . gov Planning Department Notice of Application 04/30/2015 To Whom It May Concern : An application for the following proposal has been submitted to the Town of Frederick . If you have questions regarding this application, please contact the Planner listed below . Proposal Brunemeier Annexation Location Northwest Corner of CR17 and CR14 Property Owner Jim Brunemeier Applicant Jim Brunemeier Applicant Contact Jim Brunemeier Phone 720 - 363 -0466 Email jbrune1958@gmaii . com Town Planner Jennifer Simmons, Town of Frederick Phone 720 . 382 . 5651. Fax 720 . 382 . 5520 Email jsimmons@frederickco . gov Built on What Matters . Brunemeier Annexation PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE : (05/05/2015) TO : THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, James Brunemeier the undersigned landowner, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: A TRACT OF LAND LOCATED IN THE NE1 / 4 OF SECTION 32 AND IN THE NW1 / 4 OF SECTION 33 , T2N , R67W OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 , FROM WHICH THE E1 / 4 CORNER OF SAID SECTION 32 BEARS S00 ° 01 ' 32 " E , 2637 . 64 FEET ( BASIS OF BEARING ) , THENCE SOO ° 01 ' 32 " E , 30 . 00 FEET ALONG THE EAST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE SOUTHERLY RIGHT -OF-WAY LINE OF WELD COUNTY ROAD NO . 16 AND THE POINT OF BEGINNING ; THENCE N89 ° 22 ' 21 " E , 30 . 00 FEET ALONG THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 16 TO THE EASTERLY RIGHT -OF- WAY LINE OF WELD COUNTY ROAD NO . 17 ; THENCE S00 ° 01 ' 32 " E , 2607 . 64 FEET ALONG THE EASTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 TO THE SOUTH LINE OF THE NW1 / 4 OF SAID SECTION 33 ; THENCE S89 ° 22 ' 20 " W , 30 . 00 FEET ALONG THE SOUTH LINE OF THE NW1 / 4 OF SAID SECTION 33 TO THE E1 / 4 CORNER OF SECTION 32 ; THENCE S89 ° 23 ' 14 " W , 30 . 00 FEET ALONG THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 ; THENCE N00 ° 01 ' 32 " W , 650 . 11 FEET ALONG THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 TO THE NORTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO CENTRAL WELD COUNTY WATER DISTRICT AS DESCRIBED IN QUIT CLAIM DEED RECORDED MARCH 25 , 1996 , AS RECEPTION NO . 2482459 OF THE RECORDS OF WELD COUNTY , 1 COLORADO ; THENCE S89 ° 23 ' 23 " W , 299 . 74 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 2482459 TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 02 ' 07 " W , 200 . 09 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 2482459 TO THE NORTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO TOWN OF FREDERICK AS DESCRIBED IN WARRANTY DEED RECORDED SEPTEMBER 12 , 1978 , AS RECEPTION NO . 1766292 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 11 " W , 0 . 05 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 1766292 TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 01 ' 32 " E , 150 . 00 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 1766292 TO THE SOUTHWEST CORNER THEREOF , ALSO BEING A POINT ALONG THE NORTHERLY LINE OF LOT " A " OF CORRECTED RECORDED EXEMPTION 1311 - 32 - 1 - RE1674 , A RECORDED EXEMPTION IN THE COUNTY OF WELD , STATE OF COLORADO , RECORDED DECEMBER 17 , 1996 , AS RECEPTION NO . 2525399 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 14 " W , 5 . 63 FEET ALONG THE NORTHERLY LINE OF SAID LOT "A" , TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 01 ' 44 " E , 300 . 03 FEET ALONG THE WESTERLY LINE OF SAID LOT "A " TO THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 ; THENCE S89 ° 23 ' 14 " W , 2284 . 14 FEET ALONG THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE C1 / 4 CORNER OF SAID SECTION 32 ; THENCE N00 ° 09 ' 44 " E , 282 . 45 FEET ALONG THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE EASTERLY RIGHT -OF-WAY LINE OF THE BULL CANAL OF THE STANLEY DITCH CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN WARRANTY DEED RECORDED JANUARY 5 , 1910 , IN BOOK 314 AT PAGE 285 OF THE RECORDS OF WELD COUNTY , COLORADO ; THE FOLLOWING COURSES AND DISTANCE ARE ALONG THE EASTERLY RIGHT - OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH : THENCE N42 ° 20 ' 05 " E , 169 . 58 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHEASTERLY , 137 . 26 FEET ALONG THE ARC OF SAID CURVE 2 TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 150 . 00 FEET , A CENTRAL ANGLE OF 52 ° 25 ' 51 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N16 ° 07 ' 09 " E , 132 . 52 FEET ; THENCE N10 ° 05 ' 46 " W , 92 . 94 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHERLY , 172 . 22 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 1150 . 00 FEET , A CENTRAL ANGLE OF 08 ° 34 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N14 ° 23 ' 11 " W , 172 . 06 FEET ; THENCE N18 ° 40 ' 35 " W , 95 . 60 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHERLY , 51 . 20 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 215 . 00 FEET , A CENTRAL ANGLE OF 13 ° 38 ' 36 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N11 ° 51 ' 17 " W , 51 . 08 FEET ; THENCE N05 ° 01 ' 59 " W , 50 . 89 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHERLY , 58 . 80 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 265 . 00 FEET , A CENTRAL ANGLE OF 12 ° 42 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N01 ° 19 ' 26 " E , 58 . 68 FEET ; THENCE N07 ° 40 ' 50 " E , 42 . 38 FEET ; THENCE N10 ° 20 ' 27 " E , 46 . 05 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHERLY , 107 . 60 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 160 . 00 FEET , A CENTRAL ANGLE OF 38 ° 31 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N08 ° 55 ' 28 " W , 105 . 58 FEET ; THENCE N28 ° 11 ' 23 " W , 37 . 40 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHWESTERLY , 70 . 31 FEET ALONG THE ARC OF SAID CURVE TO THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 , SAID ARC HAVING A RADIUS OF 265 . 00 FEET , A CENTRAL ANGLE OF 15 ° 12 ' 08 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N20 ° 35 ' 19 " W , 70 . 11 FEET ; 3 THENCE LEAVING THE EASTERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH , N00 ° 09 ' 44 " E , 699 . 80 FEET ALONG THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE SOUTHERLY RIGHT -OF- WAY LINE OF THE BULL CANAL OF THE STANLEY DITCH CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN WARRANTY DEED RECORDED JANUARY 5 , 1910 , IN BOOK 314 AT PAGE 286 OF THE RECORDS OF WELD COUNTY , COLORADO ; THE FOLLOWING COURSES AND DISTANCE ARE ALONG THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH : THENCE N33 ° 30 ' 13 " E , 111 . 68 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHEASTERLY , 28 . 14 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE TO THE RIGHT , SAID ARC HAVING A RADIUS OF 210 . 00 FEET , A CENTRAL ANGLE OF 07 ° 40 ' 40 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N29 ° 39 ' 53 " E , 28 . 12 FEET ; THENCE NORTHEASTERLY , 83 . 60 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 155 . 00 FEET , A CENTRAL ANGLE OF 30 ° 54 ' 08 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N41 ° 16 ' 37 " E , 82 . 59 FEET ; THENCE N56 ° 43 ' 41 " E , 149 . 62 FEET ; THENCE N47 ° 19 ' 25 " E , 153 . 65 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHEASTERLY , 87 . 72 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 100 . 00 FEET , A CENTRAL ANGLE OF 50 ° 15 ' 35 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N72 ° 27 ' 13 " E , 84 . 93 FEET ; THENCE S82 ° 25 ' 00 " E , 175 . 20 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 134 . 80 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 245 . 70 FEET , A CENTRAL ANGLE OF 31 ° 26 ' 04 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N81 ° 51 ' 58 " E , 133 . 12 FEET ; THENCE N66 ° 08 ' 56 " E , 59 . 29 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE EASTERLY , 239 . 90 FEET ALONG THE ARC OF SAID CURVE TO A 4 POINT TANGENT , SAID ARC HAVING A RADIUS OF 197 . 22 FEET , A CENTRAL ANGLE OF 69 ° 41 ' 37 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S79 ° 00 ' 15 " E , 225 . 38 FEET ; THENCE S44 ° 09 ' 27 " E , 81 . 12 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE SOUTHEASTERLY , 162 . 23 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 254 . 00 FEET , A CENTRAL ANGLE OF 36 ° 35 ' 39 " , AND BEING SUBTENDED BY A CHORD THAT BEARS $ 62 ° 27 ' 16 " E , 159 . 48 FEET ; THENCE S80 ° 45 ' 06 " E , 235 . 24 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE SOUTHEASTERLY , 64 . 22 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE TO THE LEFT , SAID ARC HAVING A RADIUS OF 52 . 00 FEET , A CENTRAL ANGLE OF 70 ° 45 ' 30 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S45 ° 22 ' 21 " E , 60 . 21 FEET ; THENCE SOUTHEASTERLY , 187 . 88 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 185 . 00 FEET , A CENTRAL ANGLE OF 58 ° 11 ' 14 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S39 ° 05 ' 13 " E , 179 . 91 FEET ; THENCE $ 68 ° 10 ' 50 " E , 78 . 57 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 110 . 10 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 258 . 00 FEET , A CENTRAL ANGLE OF 24 ° 27 ' 01 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S80 ° 24 ' 21 " E , 109 . 26 FEET ; THENCE N87 ° 22 ' 09 " E , 132 . 92 FEET ; THENCE S88 ° 15 ' 31 " E , 109 . 26 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 201 . 75 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 515 . 00 FEET , A CENTRAL ANGLE OF 22 ° 26 ' 42 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N80 ° 31 ' 08 " E , 200 . 46 FEET ; THENCE N69 ° 17 ' 47 " E , 30 . 57 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 31 , 2003 , AS RECEPTION NO . 3029077 OF THE RECORDS OF WELD COUNTY , COLORADO ; 5 THENCE LEAVING THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH , S89 ° 50 ' 32 " E , 317 . 60 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 3029077 TO THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 ; THENCE N00 ° 01 ' 32 " W , 587 . 25 FEET ALONG THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 TO THE SOUTHERLY RIGHT -OF- WAY LINE OF SAID WELD COUNTY ROAD NO . 16 ; THENCE N89 ° 09 ' 38 " E , 30 . 00 FEET ALONG THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 16 TO THE POINT OF BEGINNING . AREA = 127 . 353 ACRES , MORE OR LESS . As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1 . It is desirable and necessary that the territory described ("above" or "in Exhibit A") be annexed to the Town of Frederick. 2 . The requirements of C. R.S. sections 31- 12- 104 and 31- 12- 105, as amended, exist or have been met in that: a . Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31 - 12- 104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d . The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e . No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which„ together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000. 00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g . No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h . The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i . The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j . Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed : Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area ; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed . The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3 . The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the following information : a . A written legal description of the boundaries of the area proposed to be annexed; b . A map showing the boundary of the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d . Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5 . Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is : No zoning assignment at this time WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner Date H Owner Date Applicant Date (Attach additional signatures as necessary) STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by My commission expires: Witness My Hand and Official Seat. Notary Public RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: Mailing Address : Date: Legal Description of Land Owned : A TRACT OF LAND LOCATED IN THE NE1 / 4 OF SECTION 32 AND IN THE NW1 / 4 OF SECTION 33 , T2N , R67W OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 , FROM WHICH THE E1 / 4 CORNER OF SAID SECTION 32 BEARS S00 ° 01 ' 32 " E , 2637 . 64 FEET ( BASIS OF BEARING ) , THENCE S00 ° 01 ' 32 " E , 30 . 00 FEET ALONG THE EAST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE SOUTHERLY RIGHT -OF-WAY LINE OF WELD COUNTY ROAD NO . 16 AND THE POINT OF BEGINNING ; THENCE N89 ° 22 ' 21 " E , 30 . 00 FEET ALONG THE SOUTHERLY RIGHT -OF-WAY L INE OF SAID WELD COUNTY ROAD NO . 16 TO THE EASTERLY RIGHT -OF- WAY LINE OF WELD COUNTY ROAD NO . 17 ; THENCE S00 ° 01 ' 32 " E , 2607 . 64 FEET ALONG THE EASTERLY RIGHT -OF-WAY L INE OF SAID WELD COUNTY ROAD NO . 17 TO THE SOUTH LINE OF THE NW1 / 4 OF SAID SECTION 33 ; THENCE S89 ° 22 ' 20 " W , 30 . 00 FEET ALONG THE SOUTH LINE OF THE NW1 / 4 O F SAID SECTION 33 TO THE E1 / 4 CORNER OF SECTION 32 ; THENCE S89 ° 23 ' 14 " W , 30 . 00 FEET ALONG THE SOUTH LINE OF THE NE1 / 4 O F SAID SECTION 32 TO THE WESTERLY RIGHT - OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 ; THENCE N00 ° 01 ' 32 " W , 650 . 11 FEET ALONG THE WESTERLY RIGHT -OF-WAY L INE OF SAID WELD COUNTY ROAD NO . 17 TO THE NORTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO CENTRAL WELD COUNTY WATER DISTRICT AS DESCRIBED IN QUIT CLAIM DEED RECORDED MARCH 25 , 1996 , AS RECEPTION NO . 2482459 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 23 " W , 299 . 74 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 2482459 TO THE NORTHWEST CORNER THEREOF ; 10 THENCE S00 ° 02 ' 07 " W , 200 . 09 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 2482459 TO THE NORTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO TOWN OF FREDERICK AS DESCRIBED IN WARRANTY DEED RECORDED SEPTEMBER 12 , 1978 , AS RECEPTION NO . 1766292 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 11 " W , 0 . 05 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 1766292 TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 01 ' 32 " E , 150 . 00 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 1766292 TO THE SOUTHWEST CORNER THEREOF , ALSO BEING A POINT ALONG THE NORTHERLY LINE OF LOT " A " OF CORRECTED RECORDED EXEMPTION 1311 - 32 - 1 - RE1674 , A RECORDED EXEMPTION IN THE COUNTY OF WELD , STATE OF COLORADO , RECORDED DECEMBER 17 , 1996 , AS RECEPTION NO . 2525399 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 14 " W , 5 . 63 FEET ALONG THE NORTHERLY LINE OF SAID LOT "A" , TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 01 ' 44 " E , 300 . 03 FEET ALONG THE WESTERLY LINE OF SAID LOT "A " TO THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 ; THENCE S89 ° 23 ' 14 " W , 2284 . 14 FEET ALONG THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE C1 / 4 CORNER OF SAID SECTION 32 ; THENCE N00 ° 09 ' 44 " E , 282 . 45 FEET ALONG THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE EASTERLY RIGHT-OF-WAY LINE OF THE BULL CANAL OF THE STANLEY DITCH CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN WARRANTY DEED RECORDED JANUARY 5 , 1910 , IN BOOK 314 AT PAGE 285 OF THE RECORDS OF WELD COUNTY , COLORADO ; THE FOLLOWING COURSES AND DISTANCE ARE ALONG THE EASTERLY RIGHT - OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH : THENCE N42 ° 20 ' 05 " E , 169 . 58 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHEASTERLY , 137 . 26 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 150 . 00 FEET , A CENTRAL ANGLE OF 52 ° 25 ' 51 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N16 ° 07 ' 09 " E , 132 . 52 FEET ; THENCE N10 ° 05 ' 46 " W , 92 . 94 FEET TO A POINT OF CURVE TO THE 11 LEFT ; THENCE NORTHERLY , 172 . 22 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 1150 . 00 FEET , A CENTRAL ANGLE OF 08 ° 34 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N14 ° 23 ' 11 " W , 172 . 06 FEET ; THENCE N18 ° 40 ' 35 " W , 95 . 60 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHERLY , 51 . 20 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 215 . 00 FEET , A CENTRAL ANGLE OF 13 ° 38 ' 36 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N11 ° 51 ' 17 " W , 51 . 08 FEET ; THENCE N05 ° 01 ' 59 " W , 50 . 89 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHERLY , 58 . 80 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 265 . 00 FEET , A CENTRAL ANGLE OF 12 ° 42 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N01 ° 19 ' 26 " E , 58 . 68 FEET ; THENCE N07 ° 40 ' 50 " E , 42 . 38 FEET ; THENCE N10 ° 20 ' 27 " E , 46 . 05 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHERLY , 107 . 60 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 160 . 00 FEET , A CENTRAL ANGLE OF 38 ° 31 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N08 ° 55 ' 28 " W , 105 . 58 FEET ; THENCE N28 ° 11 ' 23 " W , 37 . 40 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHWESTERLY , 70 . 31 FEET ALONG THE ARC OF SAID CURVE TO THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 , SAID ARC HAVING A RADIUS OF 265 . 00 FEET , A CENTRAL ANGLE OF 15 ° 12 ' 08 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N20 ° 35 ' 19 " W ,35 ' 19 " W , 70 . 11 FEET ; THENCE LEAVING THE EASTERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH , N00 ° 09 ' 44 " E , 699 . 80 FEET ALONG THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE SOUTHERLY RIGHT -OF- WAY LINE OF THE BULL CANAL OF THE STANLEY DITCH CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN 12 WARRANTY DEED RECORDED JANUARY 5 , 1910 , IN BOOK 314 AT PAGE 286 OF THE RECORDS OF WELD COUNTY , COLORADO ; THE FOLLOWING COURSES AND DISTANCE ARE ALONG THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH : THENCE N33 ° 30 ' 13 " E , 111 . 68 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHEASTERLY , 28 . 14 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE TO THE RIGHT , SAID ARC HAVING A RADIUS OF 210 . 00 FEET , A CENTRAL ANGLE OF 07 ° 40 ' 40 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N29 ° 39 ' 53 " E , 28 . 12 FEET ; THENCE NORTHEASTERLY , 83 . 60 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 155 . 00 FEET , A CENTRAL ANGLE OF 30 ° 54 ' 08 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N41 ° 16 ' 37 " E , 82 . 59 FEET ; THENCE N56 ° 43 ' 41 " E , 149 . 62 FEET ; THENCE N47 ° 19 ' 25 " E , 153 . 65 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHEASTERLY , 87 . 72 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 100 . 00 FEET , A CENTRAL ANGLE OF 50 ° 15 ' 35 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N72 ° 27 ' 13 " E , 84 . 93 FEET ; THENCE S82 ° 25 ' 00 " E , 175 . 20 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 134 . 80 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 245 . 70 FEET , A CENTRAL ANGLE OF 31 ° 26 ' 04 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N81 ° 51 ' 58 " E , 133 . 12 FEET ; THENCE N66 ° 08 ' 56 " E , 59 . 29 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE EASTERLY , 239 . 90 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 197 . 22 FEET , A CENTRAL ANGLE OF 69 ° 41 ' 37 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S79 ° 00 ' 15 " E , 225 . 38 FEET ; THENCE S44 ° 09 ' 27 " E , 81 . 12 FEET TO A POINT OF CURVE TO THE 13 LEFT ; THENCE SOUTHEASTERLY , 162 . 23 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 254 . 00 FEET , A CENTRAL ANGLE OF 36 ° 35 ' 39 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S62 ° 27 ' 16 " E , 159 . 48 FEET ; THENCE S80 ° 45 ' 06 " E , 235 . 24 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE SOUTHEASTERLY , 64 . 22 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE TO THE LEFT , SAID ARC HAVING A RADIUS OF 52 . 00 FEET , A CENTRAL ANGLE OF 70 ° 45 ' 30 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S45 ° 22 ' 21 " E , 60 . 21 FEET ; THENCE SOUTHEASTERLY , 187 . 88 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 185 . 00 FEET , A CENTRAL ANGLE OF 58 ° 11 ' 14 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S39 ° 05 ' 13 " E , 179 . 91 FEET ; THENCE $ 68 ° 10 ' 50 " E , 78 . 57 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 110 . 10 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 258 . 00 FEET , A CENTRAL ANGLE OF 24 ° 27 ' 01 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S80 ° 24 ' 21 " E , 109 . 26 FEET ; THENCE N87 ° 22 ' 09 " E , 132 . 92 FEET ; THENCE S88 ° 15 ' 31 " E , 109 . 26 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 201 . 75 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 515 . 00 FEET , A CENTRAL ANGLE OF 22 ° 26 ' 42 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N80 ° 31 ' 08 " E , 200 . 46 FEET ; THENCE N69 ° 17 ' 47 " E , 30 . 57 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 31 , 2003 , AS RECEPTION NO . 3029077 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE LEAVING THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH , S89 ° 50 ' 32 " E , 317 . 60 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 3029077 TO THE WESTERLY RIGHT -OF-WAY LINE OF SAID 14 WELD COUNTY ROAD NO . 17 ; THENCE N00 ° 01 32 "W , 587 . 25 FEET ALONG THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 TO THE SOUTHERLY RIGHT -OF- WAY LINE OF SAID WELD COUNTY ROAD NO . 16 ; THENCE N89 ° 09 ' 38 " E , 30 . 00 FEET ALONG THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 16 TO THE POINT OF BEGINNING . AREA = 127 . 353 ACRES , MORE OR LESS . AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) 1__ 5 , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (7) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by My commission expires: Witness My Hand and Official Seal. Notary Public EXHIBIT A (Brunemeier Annexation) Legal Description : A TRACT OF LAND LOCATED IN THE NE1 / 4 OF SECTION 32 AND IN THE 16 NW1 / 4 OF SECTION 33 , T2N , R67W OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO , DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 , FROM WHICH THE E1 / 4 CORNER OF SAID SECTION 32 BEARS S00 ° 01 ' 32 " E , 2637 . 64 FEET ( BASIS OF BEARING ) , THENCE S00 ° 01 ' 32 " E , 30 . 00 FEET ALONG THE EAST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE SOUTHERLY RIGHT -OF-WAY LINE OF WELD COUNTY ROAD NO . 16 AND THE POINT OF BEGINNING ; THENCE N89 ° 22 ' 21 " E , 30 . 00 FEET ALONG THE SOUTHERLY RIGHT -OF-WAY L INE OF SAID WELD COUNTY ROAD NO . 16 TO THE EASTERLY RIGHT -OF- WAY LINE OF WELD COUNTY ROAD NO . 17 ; THENCE S00 ° 01 ' 32 " E , 2607 . 64 FEET ALONG THE EASTERLY RIGHT -OF-WAY L INE OF SAID WELD COUNTY ROAD NO . 17 TO THE SOUTH LINE OF THE NW1 / 4 OF SAID SECTION 33 ; THENCE S89 ° 22 ' 20 " W , 30 . 00 FEET ALONG THE SOUTH LINE OF THE NW1 / 4 O F SAID SECTION 33 TO THE E1 / 4 CORNER OF SECTION 32 ; THENCE S89 ° 23 ' 14 " W , 30 . 00 FEET ALONG THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE WESTERLY RIGHT -OF- WAY LINE OF SAID WELD COUNTY ROAD NO . 17 ; THENCE N00 ° 01 ' 32 " W , 650 . 11 FEET ALONG THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 TO THE NORTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO CENTRAL WELD COUNTY WATER DISTRICT AS DESCRIBED IN QUIT CLAIM DEED RECORDED MARCH 25 , 1996 , AS RECEPTION NO . 2482459 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 23 " W , 299 . 74 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 2482459 TO THE NORTHWEST CORNER THEREOF ; 17 THENCE S00 ° 02 ' 07 " W , 200 . 09 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 2482459 TO THE NORTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO TOWN OF FREDERICK AS DESCRIBED IN WARRANTY DEED RECORDED SEPTEMBER 12 , 1978 , AS RECEPTION NO . 1766292 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 11 " W , 0 . 05 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 1766292 TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 01 ' 32 " E , 150 . 00 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 1766292 TO THE SOUTHWEST CORNER THEREOF , ALSO BEING A POINT ALONG THE NORTHERLY LINE OF LOT "A" OF CORRECTED RECORDED EXEMPTION 1311 - 32 - 1 - RE1674 , A RECORDED EXEMPTION IN THE COUNTY OF WELD , STATE OF COLORADO , RECORDED DECEMBER 17 , 1996 , AS RECEPTION NO . 2525399 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE S89 ° 23 ' 14 " W , 5 . 63 FEET ALONG THE NORTHERLY LINE OF SAID LOT "A " , TO THE NORTHWEST CORNER THEREOF ; THENCE S00 ° 01 ' 44 " E , 300 . 03 FEET ALONG THE WESTERLY LINE OF SAID LOT " A" TO THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 ; THENCE S89 ° 23 ' 14 " W , 2284 . 14 FEET ALONG THE SOUTH LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE C1 / 4 CORNER OF SAID SECTION 32 ; THENCE N00 ° 09 ' 44 " E , 282 . 45 FEET ALONG THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE EASTERLY RIGHT -OF-WAY LINE OF THE BULL CANAL OF THE STANLEY DITCH CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN WARRANTY DEED RECORDED JANUARY 5 , 1910 , IN BOOK 314 AT PAGE 285 OF THE RECORDS OF WELD COUNTY , COLORADO ; THE FOLLOWING COURSES AND DISTANCE ARE ALONG THE EASTERLY RIGHT - OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH : THENCE N42 ° 20 ' 05 " E , 169 . 58 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHEASTERLY , 137 . 26 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 150 . 00 FEET , A CENTRAL ANGLE OF 52 ° 25 ' 51 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N16 ° 07 ' 09 " E , 132 . 52 FEET ; THENCE N10 ° 05 ' 46 " W , 92 . 94 FEET TO A POINT OF CURVE TO THE 18 LEFT ; THENCE NORTHERLY , 172 . 22 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 1150 . 00 FEET , A CENTRAL ANGLE OF 08 ° 34 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N14 ° 23 ' 11 " W , 172 . 06 FEET ; THENCE N18 ° 40 ' 35 " W , 95 . 60 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHERLY , 51 . 20 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 215 . 00 FEET , A CENTRAL ANGLE OF 13 ° 38 ' 36 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N11 ° 51 ' 17 " W , 51 . 08 FEET ; THENCE N05 ° 01 ' 59 " W , 50 . 89 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHERLY , 58 . 80 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 265 . 00 FEET , A CENTRAL ANGLE OF 12 ° 42 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N01 ° 19 ' 26 " E , 58 . 68 FEET ; THENCE N07 ° 40 ' 50 " E , 42 . 38 FEET ; THENCE N10 ° 20 ' 27 " E , 46 . 05 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHERLY , 107 . 60 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 160 . 00 FEET , A CENTRAL ANGLE OF 38 ° 31 ' 49 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N08 ° 55 ' 28 "W , 105 . 58 FEET ; THENCE N28 ° 11 ' 23 " W , 37 . 40 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHWESTERLY , 70 . 31 FEET ALONG THE ARC OF SAID CURVE TO THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 , SAID ARC HAVING A RADIUS OF 265 . 00 FEET , A CENTRAL ANGLE OF 15 ° 12 ' 08 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N20 ° 35 ' 19 " W , 70 . 11 FEET ; THENCE LEAVING THE EASTERLY RIGHT -OF- WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH , N00 ° 09 ' 44 " E , 699 . 80 FEET ALONG THE WEST LINE OF THE NE1 / 4 OF SAID SECTION 32 TO THE SOUTHERLY RIGHT -OF- WAY LINE OF THE BULL CANAL OF THE STANLEY DITCH CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN 19 WARRANTY DEED RECORDED JANUARY 5 , 1910 , IN BOOK 314 AT PAGE 286 OF THE RECORDS OF WELD COUNTY , COLORADO ; THE FOLLOWING COURSES AND DISTANCE ARE ALONG THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH : THENCE N33 ° 30 ' 13 " E , 111 . 68 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE NORTHEASTERLY , 28 . 14 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE TO THE RIGHT , SAID ARC HAVING A RADIUS OF 210 . 00 FEET , A CENTRAL ANGLE OF 07 ° 40 ' 40 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N29 ° 39 ' 53 " E , 28 . 12 FEET ; THENCE NORTHEASTERLY , 83 . 60 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 155 . 00 FEET , A CENTRAL ANGLE OF 30 ° 54 ' 08 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N41 ° 16 ' 37 " E , 82 . 59 FEET ; THENCE N56 ° 43 ' 41 " E , 149 . 62 FEET ; THENCE N47 ° 19 ' 25 " E , 153 . 65 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE NORTHEASTERLY , 87 . 72 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 100 . 00 FEET , A CENTRAL ANGLE OF 50 ° 15 ' 35 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N72 ° 27 ' 13 " E , 84 . 93 FEET ; THENCE S82 ° 25 ' 00 " E , 175 . 20 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 134 . 80 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 245 . 70 FEET , A CENTRAL ANGLE OF 31 ° 26 ' 04 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N81 ° 51 ' 58 " E , 133 . 12 FEET ; THENCE N66 ° 08 ' 56 " E , 59 . 29 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE EASTERLY , 239 . 90 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 197 . 22 FEET , A CENTRAL ANGLE OF 69 ° 41 ' 37 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S79 ° 00 ' 15 " E , 225 . 38 FEET ; THENCE S44 ° 09 ' 27 " E , 81 . 12 FEET TO A POINT OF CURVE TO THE 20 LEFT ; THENCE SOUTHEASTERLY , 162 . 23 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 254 . 00 FEET , A CENTRAL ANGLE OF 36 ° 35 ' 39 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S62 ° 27 ' 16 " E , 159 . 48 FEET ; THENCE S80 ° 45 ' 06 " E , 235 . 24 FEET TO A POINT OF CURVE TO THE RIGHT ; THENCE SOUTHEASTERLY , 64 . 22 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE TO THE LEFT , SAID ARC HAVING A RADIUS OF 52 . 00 FEET , A CENTRAL ANGLE OF 70 ° 45 ' 30 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S45 ° 22 ' 21 " E , 60 . 21 FEET ; THENCE SOUTHEASTERLY , 187 . 88 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 185 . 00 FEET , A CENTRAL ANGLE OF 58 ° 11 ' 14 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S39 ° 05 ' 13 " E , 179 . 91 FEET ; THENCE S68 ° 10 ' 50 " E , 78 . 57 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 110 . 10 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 258 . 00 FEET , A CENTRAL ANGLE OF 24 ° 27 ' 01 " , AND BEING SUBTENDED BY A CHORD THAT BEARS S80 ° 24 ' 21 " E , 109 . 26 FEET ; THENCE N87 ° 22 ' 09 " E , 132 . 92 FEET ; THENCE S88 ° 15 ' 31 " E , 109 . 26 FEET TO A POINT OF CURVE TO THE LEFT ; THENCE EASTERLY , 201 . 75 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT , SAID ARC HAVING A RADIUS OF 515 . 00 FEET , A CENTRAL ANGLE OF 22 ° 26 ' 42 " , AND BEING SUBTENDED BY A CHORD THAT BEARS N80 ° 31 ' 08 " E , 200 . 46 FEET ; THENCE N69 ° 17 ' 47 " E , 30 . 57 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 31 , 2003 , AS RECEPTION NO . 3029077 OF THE RECORDS OF WELD COUNTY , COLORADO ; THENCE LEAVING THE SOUTHERLY RIGHT -OF-WAY LINE OF SAID BULL CANAL OF THE STANLEY DITCH , S89 ° 50 ' 32 " E , 317 . 60 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AS SAID RECEPTION NO . 3029077 TO THE WESTERLY RIGHT -OF- WAY LINE OF SAID 21 WELD COUNTY ROAD NO . 17 ; THENCE N00 ° 01 ' 32 "W , 587 . 25 FEET ALONG THE WESTERLY RIGHT -OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 17 TO THE SOUTHERLY RIGHT -OF- WAY LINE OF SAID WELD COUNTY ROAD NO . 16 ; THENCE N89 ° 09 ' 38 " E , 30 . 00 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO . 16 TO THE POINT OF BEGINNING . AREA = 127 . 353 ACRES , MORE OR LESS . 22 fc\com / , 1111111111111tII1IIIl11fl111111 ! III ' I 2738202 1211311990 02:42P JA Btkl Taulcamoto 1 0 2 8 10.00 0 0.00 Weld County CO 21) 2 MEMORANDUM OF SURFACE USE AGREEMENT STATE OF COLORADO ) ss. COUNTY OF WELD ) This Memorandum is made and entered into this 5th day of NOvember, 1999, by mad between Bud W. Htuwiker and Joyce 1W. Inimilter Trust, ("SURFACE OWNER") and North 1A.inerxcan Resources Corxp<my, 1700 Broadway, Suite 2000, Denver, Colorado 00290 "MARCO"). �{ V As of the date described above, SURFACE OWNER and NARCO entered aatn a Surface Use Agreement ('the "Agreement") providing for the use of the stwatoe of the land described below by NARCO in connection with certain oil and gas operations and the compensation to Surface Owner lr all damages (exert as provided for in the "Agreement") to the surface of the land associated with the drilling, testing, completion, pumping, operation and maintenance of the wellsite to be located in: Tflwaship 2 North. Range 67 Wed., 6th PAW Section 32: NE/4 Weld County, Colorado This MVlemorand n of Surface Use Agreement is executed by SURFACE OWNER and NARCO and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Surahce Use Agreement is available from NARCO to any person an interest in the above described inn . Bud W. Hunaa'iser rod Jo ce 1 . Himaiker Tram hrk9,- genCifaii.4481,AD4-, NORTH AMERICAN RESOURCES COMPANY By: ff Kevin J. Edwards, Denver District Manager Hello