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Home My WebLink About20140828.tiff RECEIVED ��; �'e`9�'% / MAR 17 .2014 /441 `s> t% >J >fOf6 note WELD COUNTY COMMISSIONERS TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 Robertson Lewton Annexation Nos. 1, 2, 3, & 4 To the Town of Keenesburg Weld County, Colorado I. Project Description The location of the proposed Robertson Lewton Annexation Nos. 1, 2, 3, & 4 are shown on the Annexation Maps (Attached). The area to be annexed includes approximately 107.289 acres of vacant land in unincorporated Weld County. In conjunction with the proposed annexation, the zoning for the subject property is anticipated to change from Weld County Agricultural zoning to Town of Keenesburg Commercial-Highway zoning. The proposed Development Plan (Special Use Permit) for the property is attached. Current use of the property includes agricultural activities with related accessory uses. The Town Board will review the annexation and zoning proposals in relation to the Town's current land use and development policies. The land uses proposed are generally consistent with the Keenesburg Comprehensive Plan. A referral relative to the proposed land use for the property has been sent to the County planning department for comments. The Town's current boundaries are shown on the annexation maps and attached aerial map. II. Municipal Services Municipal services for the Robertson Lewton Annexation Nos. 1, 2, 3, & 4 are anticipated to be provided in the following manner at the time of development of the property: Electricity United Power Fire Southeast Weld Fire Protection District Natural Gas Atmos Energy Police Weld County Sheriff 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 1 80643 ?U.blic.ReuteA.J PHONE 303-732-4281 FAX 303-732-0599 2014-0828 3 ?y• 14 CC3LIPua,vis, so�0A mq� %3l =�F'Fr NFSBG 11 llll,l\q :a. •-1 TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 Sewer Town of Keenesburg Telephone Qwest Water Town of Keenesburg Financing for the extension of and/or the improvement of the municipal services will be the responsibility of the property owner/developer, through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the Town will be financed through impact fees, taxes, charges or special improvement districts, if necessary. The owner/developer will be responsible for the costs of water and service facilities serving the property. Attached are maps of the Towns existing water and sewer service lines. Access to the property is required to comply with the Town's adopted code. III. Special Districts The area proposed to be annexed is within or will petition for inclusion into the following special districts as may be directed by the Town: • Highplains Library District • School District RE-3J • Central Colorado Water District • Southeast Weld Fire Protection District • Aim Junior College • Southeast Weld Conservation District A copy of the 2014 Tax Districts from the Weld County Assessor's office is attached. 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 2 80643 PHONE 303-732-4281 FAX 303-732-0599 <11:11Z =*o,., .Nfse 4: oL Vs1j6'e t'�Q��if TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 IV. School District Impact A referral regarding this annexation and the currently proposed land uses has been sent to the School District for referral. Any response from the School District will be included in the application packets submitted for Board review. V. Annexation Agreement Although all the details of an annexation agreement between the Town and the applicant have not been negotiated, the Town of Keeneburg's draft annexation agreement is attached. Once completed the annexation agreement may be provided upon request. VI. Attachments A. Annexation Maps 1-4 and current Town Boundary B. Proposed Development Plan ( special use permit ) C. Aerial of Property with existing Town Boundary D. Draft Annexation Agreement E. 2014 Tax District information 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 3 80643 PHONE 303-732-4281 FAX 303-732-0599 ANNEXATION AGREEMENT (Robertson Lewton Annexation Nos. 1-4) THIS AGREEMENT is made and entered into this day of , 2014, by and between ROBERTSON LEWTON LAND HOLDINGS LLC, hereinafter referred to as "Robertson Lewton" or "Owner," and the TOWN OF KEENESBURG, a municipal corporation of the State of Colorado, hereinafter referred to as"Keenesburg"or"Town." WITNESSETH: WHEREAS, the Owner desires to annex to Keenesburg the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as the"Property"); and WHEREAS, Owner has executed a petition to annex the Property, a copy of which petition is on file with the Town Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the Town of Keenesburg, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Keenesburg as contemplated in this Agreement, are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained 1 in the Keenesburg Municipal Code, Comprehensive Plan, other development regulations adopted by the Town,and the Municipal Annexation Act of 1965, as amended,C.R.S. § 31-12-101 et ss . 3. Further Acts. Owner agrees to execute, promptly upon request of Keenesburg, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition for an annexation election relating to the Property, except upon request of Keenesburg. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Keenesburg to be necessary to accomplish the annexation. Owner shall prepare the annexation impact report, which shall be distributed as required by law at Owner's expense. 5. Action on Annexation Petition. Keenesburg shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning and special use permit requested and that the granting of such zoning and special use permit by the Town of Keenesburg is a condition to annexation of the Property. Owner shall take all action necessary to permit zoning by Keenesburg of the annexed Property within the time prescribed by state statutes. 7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, twelve percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication, in addition to easements and rights- of-way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. 8. Public Improvements. Owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by Town ordinances and resolutions; to guarantee construction of all required improvements by providing an improvements guarantee in the form of a cash deposit, irrevocable letter of credit, or other method of guarantee acceptable to the Town in an amount of at least 125% of the estimated cost of the public improvements; and, if requested by the Town, to dedicate to the Town any or all other required improvements. If requested by the Town, Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the property. 2 9. Improvement Districts. If requested by Keenesburg, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Keenesburg for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Keenesburg as Owner's attorney-in-fact for the purpose of executing all documents determined by Keenesburg to be necessary for such inclusion. If requested by Owner, Keenesburg agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Special District Inclusion. As a condition of annexation, Owner shall apply for inclusion of the Property within any special districts as determined by the Town. 11. Special District Exclusion. As a condition of annexation, Owner shall petition for exclusion of the Property from any special districts as determined by the Town. 12. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town streets and flood control. 13. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 14. Disconnection. No right or remedy of disconnection of the property from the Town shall accrue from this Agreement, other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Keenesburg shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 15. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term,portion, or provision held to be invalid. 16. Municipal Services. Keenesburg agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town. The parties acknowledge the property is located more than 400 feet from any public sewer main and connection to the public sewer system is not practical at this time. In accordance with Section 7-3- 3 10 of the Keenesburg Municipal Code, Owner agrees to connect to the Town's public sewer system, at the Owner's sole expense, when a public sewer main is located within 400 feet of any occupied structure on the property,or at such earlier time as the parties may agree. 17. Water Dedication. a. Non-Tributary and Not Non-Tributary Water. For and in consideration of the provision of water service by the Town, Owner grants in perpetuity to the Town the sole and exclusive right to withdraw, appropriate and use, and hereby consents in perpetuity on behalf of themselves and any and all successors in title, pursuant to C.R.S. § 37-90-137(8) to the Town the right to withdraw the water described in the above statute. b. In-House Supply. Owner or his assigns shall provide such raw water or raw water rights as is required by the Town to supply residential, commercial, or industrial service at the time of final plat approval or at such other time as may be agreed upon or set forth in the subdivision improvements agreement. c. Irrigation. Owner may be required to transfer to the Town, an owners' association, or some other public or quasi-public entity sufficient raw water for irrigation of any public or quasi-public area within the Property as may be shown in any subdivision plat or other development plan. 18. Owners' Association. Upon the request of the Town, or if otherwise required by state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas,private facilities, and public or private open space. At least thirty(30)days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 19. Development Impact Fees. Owner acknowledges that it is the Town's policy to require "growth to pay its own way" and Owner agrees to pay all development impact fees as set forth in the Town Fee Schedule, including impact fees as may be in effect at the time application is made for any building permit, so long as such fees are reasonably related to the development. 4 Owner shall post such fee and expense deposits as may be required and agrees to reimburse the Town for all costs of this annexation and development of the Property, including, but not limited to, planning fees, inspection costs, engineering fees, attorney fees, publication costs, recording fees, and all other costs specifically attributable to annexation and development of the Property. Nothing in this agreement shall prevent the Town from requiring the payment of fees or impact fees at the time of final plat approval if such funds are necessary for construction of infrastructure, either by the Town or another entity, prior to issuance of building permits. The Town may withhold building permits, certificates of occupancy and other services if all such fees are not timely paid. The Town may also file liens on the Property if the fees contemplated by this agreement are not timely paid or required improvements are not timely constructed. 20. No Vested Rights. Neither annexation of the Property nor this agreement creates any vested rights. The fact that the Property has been annexed by the Town shall not create or form the basis of any claim by Owner of detrimental reliance or prevent the Town from modifying its development regulations or fees after execution of this agreement. Vested rights shall be acquired only by compliance with C.R.S. § 24-68-101 and approval by the Town of a site specific development plan for the Property. 21. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 22. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 23. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written,between the parties. 24. Indemnification. Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Keenesburg's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorney fees for defense counsel of the Town's choice for, any such 5 liability,claims,or demands. 25. Owner. As used in this Agreement, the term"Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 26. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 27. Binding Effect. This Agreement shall be binding upon and inure to the benefit of n hereof, and shall constitute covenants running heirs, transferees, successors, and assigns with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 28. Failure to Annex. This Agreement shall be null and void if the Town fails to approve the annexation of the property. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Keenesburg 140 S.Main Box 312 Keenesburg,CO 80643 Notice to Owner: Robertson Lewton Land Holdings LLC 50531 E. 160`"Avenue Bennett,CO 80102 30. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. § 31-12- 112, as amended,to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any 6 election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 31. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Keenesburg. No assurances of annexation or zoning have been made or relied upon by Owner. If, in the exercise of its legislative discretion by the Board of Trustees or through the exercise of the powers of initiative or referendum, any action with respect to the property herein contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 32. No Third-Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 33. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 34. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 35. No Warranties by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNER ROBERTSON LEWTON LAND HOLDINGS LLC By: Title: 7 ACKNOWLEDGEMENT STATE OF COLORADO )ss COUNTY OF ) The above and foregoing signature of as of Robertson Lewton Land Holdings LLC was subscribed and sworn to before me this day of , 2014. Witness my hand and official seal. My commission expires on: (SEAL) 8 TOWN OF KEENESBURG By: Danny Kipp, Mayor ATTEST: Debbie Chumley, Town Clerk 3220145:19 PM Rank]R\Keene4 urg\Annexatinn'Rohertmn Lemon 140240047404n Agr 20140117.doc 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ROBERTSON-LEWTON ANNEXATION NO. 1 LOCATED IN THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 TO BEAR NORTH 00°23'36" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 25; THENCE SOUTH 00°23'36" EAST, COINCIDENT WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF 957.33 FEET TO THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 AND THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 398 BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 77°33'30" EAST, A DISTANCE OF 251.20 FEET; THENCE SOUTH 56°1T08" WEST, A DISTANCE OF 294.00 FEET TO THE WEST LINE OF THE NORTH-WEST 1/4 OF SAID SECTION 24; THENCE NORTH 00°23'36" WEST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 109.07 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 13,397 SQUARE FEET OR 0.308 ACRES, MORE OR LESS. ROBERTSON-LEWTON ANNEXATION NO. 2 LOCATED IN THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 TO BEAR NORTH 00°23'36" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 25; THENCE SOUTH 00°23'36" EAST, COINCIDENT WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF 957.33 FEET TO THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 AND THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 398 BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 77°33'30" EAST, A DISTANCE OF 251.20 FEET; THENCE SOUTH 56°17'08" WEST, A DISTANCE OF 294.00 FEET TO THE WEST LINE OF THE NORTH-WEST 1/4 OF SAID SECTION 25; THENCE NORTH 64°00'04" EAST, A DISTANCE OF 1380.00 FEET; THENCE SOUTH 68°13'17" WEST, A DISTANCE OF 1336.49 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 54,469 SQUARE FEET OR 1.250 ACRES, MORE OR LESS. 10 ROBERTSON-LEWTON ANNEXATION NO. 3 LOCATED IN THE SOUTH 1/2 OF SECTION 24 AND THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 TO BEAR NORTH 00°23'36" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 25; THENCE SOUTH 00°23'36" EAST, COINCIDENT WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF 957.33 FEET TO THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 AND THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 398 BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 68°13'17" EAST, A DISTANCE OF 1336.49 FEET; THENCE SOUTH 64°00'04" WEST, A DISTANCE OF 1380.00 FEET TO THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 25 AND THE WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 398; THENCE NORTH 66°04'39" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE AND THE WESTERLY EXTENSION THEREOF, A DISTANCE OF 2877.75 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THNCE NORTH 66°05'05" EAST, COINCIDENT WITH SAID SOUTH RIGHT- OF-WAY LINE, A DISTANCE OF 2368.95 FEET TO THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE SOUTHERLY EXTENSION OF THE SOUTH LINE OF LOT A, OF RECORDED EXEMPTION NO. 1305-24-4 RE-4013 AS SHOWN ON THE PLAT RECORDED JULY 29, 2005 AS RECEPTION NO. 3307851 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 00°22'14" WEST, COINCIDENT WITH THE SOUTHERLY EXTENSION OF SAID WEST LINE, A DISTANCE OF 130.90 FEET TO THE SOUTHWEST CORNER OF SAID LOT A AND THE NORTH RIGHT-OF-WAY LINE OF SAID COUTNY ROAD 398; THENCE SOUTH 66°05'05" WEST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 546.39 FEET; THENCE SOUTH 23°54'55" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 66°05'05" WEST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1831.26 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE SOUTH 66°04'39" WEST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2877.81 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 467,660 SQUARE FEET OR 10.736 ACRES, MORE OR LESS. ROBERTSON-LEWTON ANNEXATION NO. 4 LOT B, RECORDED EXEMPTION NO. RE-4013 AS SHOWN ON THE PLAT RECORDED JULY 29, 2005 AS RECEPTION NO. 3307851 IN THE RECORDS OF THE CLERK AND RECORDER, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: 11 CONSIDERING THE NORTH RIGHT-OF-WAY LINE TO BEAR SOUTH 66°05'05" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE SOUTH 00°22'14" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, A DISTANCE OF 876.87 FEET TO THE NORTHEAST CORNER OF LOT A, OF SAID RECORDED EXEMPTION NO. RE-4013; THENCE SOUTH 89°37'46" WEST, COINCIDENT WITH THE NORTH LINE OF SAID LOT A, A DISTANCE OF 467.00 FEET TO THE NORTHWEST CORNER OF SAID LOT A; THENCE SOUTH 00°22'14" WEST, COINCIDENT WITH THE WEST LINE OF SAID LOT A, A DISTANCE OF 568.14 FEET TO THE SOUTHWEST CORNER OF SAID LOT A, AND THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 398; THENCE SOUTH 66°05'05" WEST, COINCIDENT WITH SAID RIGHT- OF-WAY LINE, A DISTANCE OF 546.39 FEET; THENCE SOUTH 23°54'55" EAST, COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 66°05'05" WEST, COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1140.66 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED DECEMBER 11, 1981 AS RECEPTION NO. 1876884 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 00°21'48" WEST, COINCIDENT WITH THE EAST LINE OF SAID PARCEL, A DISTANCE OF 531.89 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 89°38'12" WEST, COINCIDENT WITH THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 550.07 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 02°53'07" EAST, COINCIDENT WITH THE WEST LINE OF SAID PARCEL, A DISTANCE OF 757.86 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 398; THENCE SOUTH 66°05'05" WEST, COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 126.92 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE NORTH 00°21'48" WEST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 1873.22 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5880.00 FEET AND A CHORD WHICH BEARS NORTH 44°32'02" EAST, A DISTANCE OF 96.52 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 96.53 FEET; THENCE NORTH 44°03'49" EAST, COINCIDENT WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 681.27 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE SOUTH 89°57'43" EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 2093.44 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,137,987 SQUARE FEET OR 94.995 ACRES, MORE OR LESS. 12 Property Profile for Account # R3844505 March 12, 2014 Account Information Account Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R3844505 130524400038 Agricultural 2014 2445 0 51,017 14,790 Legal PT SE4 24 2 64 LOT B RE-4013(.60R) Subdivision Block Lot Land Economic Area 5202 EA 5 FAR OUT Property Address Property City Zip Section Township Range 24 02 64 Tax Authority Information Account Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R3844505 130524400038 Agricultural 2014 2445 0 51,017 14,790 Tax Area District ID District Name Current Mill Tax Year Levy 2445 0100 WELD COUNTY 16.804 2014 2445 0203 SCHOOL DIST RE3J 16.936 2014 2445 0302 CENTRAL COLORADO WATER(CCW) 1.887 2014 2445 0518 S.E.WELD FIRE 5.764 2014 2445 0700 AIMS JUNIOR COLLEGE 6.302 2014 2445 1050 HIGH PLAINS LIBRARY 3.264 2014 2445 1208 SOUTHEAST WELD CONSERVATION 0.000 2014 50.957 J g € 5 -a„ a m U c < h gFh4i y JiiIIiam. xim c 6 a Ca Gip �5Gg �gg `Ng n� $h pg aEa R9C I o" $= d sa i€� g VY€ �49b p�' g8r97tlYF�Q6@� _- nom yy 8 u i y 1.tTel a` g$i1' R @IIC3 a i l 8 o N E ,. g €6 ill] YEb al{({d b€tldg. 3 8 E `FtI $ 66A I $ Ill b� i lli! 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