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RECORDER'S AILMok.lvNUVIol <br />AT TIIr Tlbtr. or krroRnmG. THIS DOLL h11 NT <br />WAS FOUND 10 RL ILLEGIRLE <br />C!9'Y CFF — <br />Planning & Building <br />130 S. McKinley Avenue Phone: 303.857 6694 <br />P_ <br />s s Fort Lupton, CO 80621 Fax; 303.857.0351 <br />www.iortluoton.ara <br />COME PAINT YOUR FUTURE WITH U$ <br />VALLEY'S EDGE RESOURCE <br />PRE -ANNEXATION AGREEMENT <br />%Ng <br />THIS AGREEMENT is made and entered into this day ofd <br />20jD�_, by and between Brannan Sand and Gravel Company, L.L.C., a Colorado Ii ited liability <br />company ("owner") and the City of Fort Lupton ("Fort Lupton" or "City"), a municipal <br />corporation of the State of Colorado (collectively, the "Parties"). <br />WITNESSETH: <br />WHEREAS, Owner holds fee title to one hundred percent of the property described in <br />Exhibit A, incorporated herein, which property contains approximately 158.16 acres, more or <br />less (the "Subject Property" or "Property"), and which is located in unincorporated Weld County <br />adjacent to the current municipal boundaries of the City; and <br />WHEREAS, Owner is presently permitting the Subject Property for use as a sand and <br />gavel resource (Colorado Regular 112 Reclamation Permit M-2016-030, Weld County Use by <br />Special Review USR 2016-0034), to include typical ancillary and accessory uses; and <br />WHEREAS, as a component of its reclamation plan for the Property, Owner will utilize <br />both native borrow material and imported inert fill to complete overlot grading at elevations <br />suitable for post -mining use of the Property as industrial land; and <br />WHEREAS, Owner intends to subdivide and develop the Property incrementally, <br />including certain land areas on the Property outside the mining and reclamation boundary, as <br />well as areas subject to concurrent reclamation (e.g., suitable for release from reclamation <br />permitting in advance of other areas still subject to mining or reclamation); and <br />WHEREAS, Owner is acquiring for its primary access a portion of land adjacent to the <br />Subject Property, following the approval of Fort Lupton minor subdivision MSD2016-001; and <br />WHEREAS, Owner and City acknowledge that this Agreement fulfills the obligation of <br />Owner to enter into an agreement with the City of Fort Lupton concerning future annexation of <br />the Subject Property, as may be required or encouraged in certain land use cases (e.g., Weld <br />County USR 2016-0034, Fort Lupton MSD2016-001); and <br />4277837Pages: 1 of 10 <br />02/13/2017 02:10 P11 R Fee:$5B.00 <br />Carly Koppel. Clerk and Recorder, Weld County. CO <br />Bill .rl��'�h'� Mil <br />