Attachment E - Proposed Annexation Agreement

For Administrative Use Only

Grantor: City of Boulder and Hakubai Temple Grantee: Hakubai Temple and City of Boulder Case No.

LUR2025-00049

ANNEXATION AGREEMENT THIS AGREEMENT, made this _____ day of ______________, 2026, by and between the CITY OF BOULDER, a Colorado home rule city, hereinafter referred to as "City," and HAKUBAI TEMPLE, a Colorado nonprofit corporation, hereinafter referred to as "Applicant." The City and the Applicant may be referred to collectively as “Parties” and separately as “Party.” RECITALS A. The Applicant is the owner of the real property generally described as 1275 Cherryvale Rd., more particularly described in Exhibit A attached hereto and incorporated herein (“1275 Cherryvale Rd.”). B. The Applicant is also the owner of the real property generally described as 5995 McSorley Ln. (“5995 McSorley Ln.”), more particularly described in Exhibit B attached hereto and incorporated herein. 1275 Cherryvale Rd. and 5995 McSorley Ln. are hereinafter collectively referred to as the “Property.” C. The Applicant is interested in obtaining approval from the City of a request for the annexation of the Property with an initial zoning designation of Residential – Rural 2 (RR-2). D. The City is interested in insuring that certain terms and conditions of annexation be met by the Applicant in order to protect the public health, safety and welfare and prevent the placement of an unreasonable burden on the physical, social, economic, or environmental resources of the City. NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set forth and other good and valuable consideration herein receipted for, the Parties agree as follows: COVENANTS 1. Requirements Prior to First Reading. Prior to the first reading of the annexation ordinance before City Council, the Applicant shall: a)

sign this Agreement.

b)

provide to the City an updated title commitment current within 30 days of the date of the first reading of the annexation ordinance.

c)

Pay the following to the City:

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i)

Plant Investment Fees (PIF’s) Stormwater

Total Due Prior to First Reading

d)

$2.71 per square foot of impervious area Existing Impervious Area: 21,449.00 sf $58,126.88 $58,126.88

Execute the following documents, at no cost to the City, the final forms of which are subject to approval of the City Manager: i)

A public access easement along Cherryvale Road and substantially in the form attached as Exhibit C to this Agreement, at no cost to the City, the final form of which is subject to approval of the City Manager.

ii)

A public access easement along McSorley Lane and substantially in the form attached as Exhibit D to this Agreement, at no cost to the City, the final form of which is subject to approval of the City Manager.

iii)

A flood control easement substantially in the form attached as Exhibit E to this Agreement, at no cost to the City, the final form of which is subject to approval of the City Manager.

iv)

A drainage easement substantially in the form attached as Exhibit F to this Agreement, at no cost to the City, the final form of which is subject to approval of the City Manager.

2. Water and Wastewater Connection Requirements. Within 180 days of the effective date of the annexation ordinance, any existing structures on the Property required to be connected to the water utility, wastewater utility, or both under the Boulder Revised Code (“B.R.C.”) shall be connected to the City’s utilities to which connection is required or be demolished. If the Applicant connects any existing structures on the Property, then the Applicant agrees to perform the following: a)

For connection to the City’s water utility: a. Submit an application that meets the requirements of Chapter 11-1, “Water Utility,” B.R.C. 1981, and obtain City approval to connect to the City’s water utility. b. Pay all applicable fees and charges associated with a service line connection to the City’s water utility, including, but not limited to, the water plant investment fee and all applicable water utility connection and inspection fees. c. Construct the individual service lines to the Property and connect the existing structures required to be so connected to the City’s water utility.

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b)

For connection to the City’s wastewater utility: a. Submit an application that meets the requirements of Chapter 11-2, “Wastewater Utility,” B.R.C., 1981, and obtain City approval to connect to the City’s wastewater utility. b. Pay all applicable fees and charges associated with a service line connection to the City’s wastewater utility, including, but not limited to, the wastewater plant investment fee and all applicable wastewater utility connection and inspection fees. c. Construct the individual service line to the Property and connect the existing structures required to be so connected to the City’s wastewater utility.

3.

Existing Wells. The City agrees that it will not prohibit the Applicant from using existing wells for irrigation purposes, even if served by the City water utility. Under no circumstances may existing wells be used for domestic water purposes once the Applicant has connected to city water utility. No person shall make any cross connections to the City’s municipal water supply system from any well on the Property.

4.

Historic Drainage. The Applicant agrees to convey drainage from the Property in an historic manner that does not materially and adversely affect abutting properties.

5.

Ditch Company Approval. If the Property is abutting or crossed by an existing irrigation ditch or lateral, the Applicant agrees not to relocate, modify, or alter the ditch or lateral until and unless written approval is received from the appropriate ditch company.

6.

Existing Nonstandard Buildings and/or Nonconforming Uses. The only nonconforming uses and nonstandard buildings and structures on the Property that will be recognized by the City and allowed to continue to exist are those that are included as Exhibit G attached hereto and incorporated herein. Section 9-10-3, “Changes to Nonstandard Buildings, Structures, and Lots and Nonconforming Uses,” B.R.C. 1981, applies to changes to nonstandard buildings and nonconforming uses.

7.

New Construction. All new construction commenced on the Property after annexation shall comply with all City of Boulder laws, taxes, and fees, except as modified by this Agreement.

8.

Waiver of Vested Rights. The Applicant waives any vested property rights that may have arisen under Boulder County jurisdiction. This Agreement shall replace any such rights that may have arisen under Boulder County jurisdiction. The Applicant acknowledges that nothing contained herein may be construed as a

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waiver of the City’s police powers or the power to zone and regulate land uses for the benefit of the general public. 9.

Dedications. The Applicant acknowledges that any dedications and public improvements required herein with this annexation are rationally related and reasonably proportionate to the impact of the development of the Property as set forth in this Agreement.

10.

Original Instruments. Prior to the first reading of the annexation ordinance, the Applicant shall provide an original of this Agreement signed by the Applicant, along with any instruments required in this Agreement. The City agrees to hold and not record such documents until after final legislative action on the annexation of this Property has occurred. Final legislative action by the City Council shall constitute acceptance of such documents by the City. In the event that the Applicant withdraws from this Agreement pursuant to the terms of this Agreement, or the City does not annex the Property, the City agrees that it will not record any such documents and return all such original documents to the Applicant. The Applicant agrees that it will not encumber or in any way take any action that compromises the quality of such documents while they are being held by the City.

11.

No Encumbrances. The Applicant agrees that between the time of signing this Agreement and the time when final legislative action on the annexation of this Property has occurred, the Applicant shall neither convey ownership nor further encumber the Applicant’s Property without the express approval from the City. Prior to the recording of this Agreement with the Boulder County Clerk and Recorder, Applicant agrees not to execute transactional documents encumbering the Property or otherwise affecting title to the Property without first notifying the City and submitting revised title work within five (5) working days of any such transaction.

12.

Breach of Agreement. In the event that the Applicant breaches or fails to perform any required action under or fails to pay any fee specified by this Agreement, the Applicant acknowledges that the City may take all reasonable actions to cure the breach, including, but not limited to, the filing of an action for specific performance of the obligations herein described. In the event the Applicant fails to pay any monies due under this Agreement or fails to perform any affirmative obligation hereunder, the Applicant agrees that the City may collect the monies due in the manner provided for in Section 2-2-12, B.R.C., 1981, as amended, as if the said monies were due and owing pursuant to a duly adopted ordinance of the City, or the City may perform the obligation on behalf of the Applicant and collect its costs in the manner herein provided. The Applicant agrees to waive any rights he may have under Section 31-20-105, Colorado Revised Statutes (“C.R.S.”), based on the City’s lack of an enabling ordinance authorizing the collection of this specific debt, or the Applicant acknowledges that the adopting of the annexation ordinance is such enabling ordinance.

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13.

Failure to Annex. In the event that the Property is not annexed to the City, this Agreement and any document executed pursuant hereto shall be null and void and of no consequence and the City shall promptly return to the Applicant all monies tendered to the City pursuant to this Agreement.

14.

Future Interests. This Agreement and the covenants set forth herein shall run with the land and be binding upon the Applicant, the Applicant’s successors and assigns and all persons who may hereafter acquire an interest in the Property or any part thereof. If it shall be determined that this Agreement contains an interest in land, that interest shall vest, if at all, within the lives of the undersigned plus 20 years and 364 days.

15.

Right to Withdraw. The Applicant retains the right to withdraw from this Agreement up until the time that final legislative action has been taken on the ordinance that will cause the Property to be annexed into the City. The final legislative action will be the vote of the City Council after the final reading of the annexation ordinance. The Applicant’s right to withdraw shall terminate upon the City Council’s final legislative action approving the annexation. In the event that the Applicant withdraws from this Agreement in the manner described above, this Agreement shall be null and void and shall have no effect regarding the Applicant. The City agrees, within 30 days of a request by the Applicant after a withdrawal, to return all previously submitted fees, application, and easement and/or rights of way dedication documents that the Applicant submitted pursuant to this Agreement to the City.

16.

Cash-in-lieu of Providing Permanently Affordable Housing. For each additional dwelling unit on the Property that is not deed-restricted as a permanently affordable unit consistent with the requirements of Chapter 9-13, “Inclusionary Housing,” B.R.C. 1981, the Applicant shall pay one and a half times the applicable cash-in-lieu amount required per each market unit in that chapter to the City. The applicable cash-in-lieu amount shall be paid no later than issuance of a building permit for each new dwelling unit that is not deed-restricted as a permanently affordable unit consistent with the requirements of Chapter 9-13, “Inclusionary Housing,” B.R.C. 1981, and shall be 1.5 times the cash-in-lieu amount applicable at the time the cash-in-lieu payment is made to the City. The Parties acknowledge that the Property has the equivalent of two habitable dwelling units on the Property at the time of annexation.

17.

Zoning. The Property shall be annexed to the City with a Residential – Rural 2 (RR-2) zoning classification and, except as set forth herein, shall be subject to all of the rights and restrictions associated with that zoning.

18.

Closure of Access Point. Within 180 days of the effective date of the annexation ordinance, the Applicant agrees to close the existing access off Cherryvale Rd. that serves 5995 McSorley Ln.

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19.

Inclusion into Subdistrict of the Northern Colorado Water Conservancy District. The Applicant consents to the inclusion of 5995 McSorley Ln. into the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This inclusion may occur pursuant to the procedure set forth in C.R.S. 37-45-136 (3.6) of the Water Conservancy Act. Upon inclusion into the Subdistrict, the Property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated properties in the Subdistrict.

EXECUTED on the day and year first above written.

HAKUBAI TEMPLE, a Colorado nonprofit corporation By:_________________________________ John Barnett, President STATE OF COLORADO COUNTY OF BOULDER

) ) ss. )

The foregoing instrument was acknowledged before me this _____ day of ___________, 2026, by John Barnett as President of HAKUBAI TEMPLE, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires:________ [Seal]

________________________________ Notary Public

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CITY OF BOULDER, COLORADO

By: ____________________________ Nuria Rivera-Vandermyde, City Manager Attest: ________________________________ City Clerk

Approved as to form: _______________________ City Attorney’s Office Date: ________________________

Exhibits A Legal Description of 1275 Cherryvale Rd. B Legal Description of 5995 McSorley Ln. C Public Access Easement Cherryvale Road D Public Access Easement McSorley Lane E Flood Control Easement F Drainage Easement G Nonstandard Structures

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EXHIBIT A LEGAL DESCRIPTION (1275 CHERRYVALE ROAD)

A tract of land located in the SW 1/4 of the NE 1/4 of Section 34, TIN, R70W of the 6th P.M., described as follows: Commencing at the Southwest Corner of the NE1/4 of said Section 34, from which the Southeast Corner of the NE1/4 of said Section 34 bears N89°58'30"E, thence N0°19'30"W, 810.90 feet along the West line of the NE1/4 of said Section 34, to the Southwest Corner of Lot 10, McSorley's Subdivision, a Subdivision in the County of Boulder, State of Colorado, according to the recorded plat thereof, thence N89°58'30" E, 163.73 feet along the South line of said Lot 10 to the Southeast Corner thereof and the TRUE POINT OF BEGINNING; Thence N0°19'30" W, 180.50 feet along the East line of said Lot 10; Thence N89°58'30"E, 663.27 feet parallel to the South line of the NE1/4 of said Section 34 to the Centerline of Cherryvale Road (County Road No. 39); Thence S0°19'30"W, 325.50 feet along the Centerline of said Cherryvale Road to the North line extended Easterly of Lot 13 in said McSorley's Subdivision; Thence S89°58'30"W, 600.83 feet along the North line extended Easterly and the North line of said Lot 13 and along a North line of Lot 11 in said McSorley's Subdivision; Thence N0°19'30"W, 145.00 feet along the East line of said Lot 11 to a Northeast Corner thereof; Thence S89°58'30"W, 62.44 feet along the most Northerly line of said Lot 11 to the TRUE POINT OF BEGINNING; County of Boulder, State of Colorado.

EXHIBIT B LEGAL DESCRIPTION (5995 MCSORLEY LANE) Lot 13, McSorley's Subdivision, County of Boulder, State of Colorado.

EXHIBIT C For Administrative Purposes Only Property Address: 1275 Cherryvale Road Grantor: Hakubai Temple Grantee: City of Boulder, Colorado Case#: LUR2025-00049

GRANT OF PUBLIC ACCESS EASEMENT HAKUBAI TEMPLE, a Colorado nonprofit corporation (“Grantor”), whose address is 1275 Cherryvale Road, Boulder, CO 80303, for $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF BOULDER, a Colorado home rule city (“Grantee”), whose address is 1777 Broadway, Boulder, Colorado 80302, an easement for public access purposes, for purposes of ingress and egress, and the installation, construction, repair, maintenance and reconstruction of transportation improvements, landscaping, and utilities and appurtenances thereto, together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the following real property, situated in Boulder County, Colorado, towit: See Exhibit A attached Grantor, for itself and for its successors, agents, lessees, and assigns, does hereby covenant and agree that no permanent structure or improvement shall be placed on said easement by itself or its successors or assigns, and that said use of such easement shall not otherwise be obstructed or interfered with. Grantor warrants its ability to grant and convey this easement. The terms of this easement shall run with the land and shall be binding upon and inure to the benefit of the Grantor, its agents, lessees and assigns, and all other successors to it in interest and shall continue as a servitude running in perpetuity with the property described above. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of this

day of ______________________, 2026.

GRANTOR: HAKUBAI TEMPLE a Colorado nonprofit corporation By:___________________________________ John W. Barnett President [NOTARY BLOCK FOLLOWS] 1

STATE OF COLORADO COUNTY OF BOULDER

) )ss. )

The foregoing instrument was acknowledged before me this

day of

____________________, 2026, by John W. Barnett, President of Hakubai Temple. Witness my hand and official seal. My commission expires: _________________ ____________________________ Notary Public

2

EXHIBIT "A" PUBLIC ACCESS EASEMENT SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 7, PAGE 22, DATED MARCH 12, 1958 IN THE RECORDS OF THE BOULDER COUNTY CLERK AND RECORDER, SITUATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID LOT 13, TO BEAR SOUTH 89°46'53" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 89°46'53" WEST, ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 253.81 FEET;

THENCE DEPARTING SAID SOUTH LINE, SOUTH 89°10'06" EAST, A DISTANCE OF 271.06 FEET TO A POINT ON THE EAST LINE OF SAID LOT 13, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CHERRYVALE ROAD AS RECORDED IN SAID PLAT BOOK 7, PAGE 22; THENCE SOUTH 00°28'37" EAST, ALONG SAID EAST AND WESTERLY LINE, A DISTANCE OF 5.01 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,944 SQ. FT. OR 0.045 ACRES, MORE OR LESS.

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_ACCESS ESMT SHEET: 1 OF 2

INNOVATION

LEGACY

38664 4/2/2026

UR VE YOR

LOYALTY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

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ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 2 OF 2 FOR PARCEL INFORMATION.

S ES PROF

A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

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HAKUBAI ZEN CENTER

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THENCE NORTH 60°09'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 19.91 FEET;

EXHIBIT "A" PUBLIC ACCESS EASEMENT SHEET 2 OF 2

FOUND NO. 5 REBAR W/1" ORANGE PLASTIC CAP, STAMPED "TOPOGRAPHIC PLS 38447"

UNPLATTED (REC. NO. 4054020)

PUBLIC ACCESS EASEMENT AREA: 1,944 SQ. FT. OR 0.045 ACRES, MORE LESS

S 89°10'06" E 271.06' N 60°09'07" W 19.91'

S 89°46'53" W 253.81' BASIS OF BEARINGS

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

POINT OF BEGINNING FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

RO

AD

MCSORLEY LANE (R.O.W. WIDTH VARIES) BK. 7, PG. 22

S 00°28'37" E 5.01'

North 60

0 SCALE: 1" =60'

LEGACY

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38664 4/2/2026

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INNOVATION

S ES PROF

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_ACCESS ESMT SHEET: 2 OF 2

LOYALTY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

O RAD LICEN LO . W A S R L E

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HAKUBAI ZEN CENTER A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 1 OF 2 FOR PARCEL INFORMATION.

CO

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FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

CHERRYVALE ROAD (30' WIDE R.O.W.) (PLAT BK. 7, PG. 22)

LOT 13 MCSORLEY'S SUBDIVISION (PLAT BK. 7, PG. 22)

EXHIBIT D

For Administrative Purposes Only Property Address: 1275 Cherryvale Road Grantor: Hakubai Temple Grantee: City of Boulder, Colorado Case#: LUR2025-00049

GRANT OF PUBLIC ACCESS EASEMENT HAKUBAI TEMPLE, a Colorado nonprofit corporation (“Grantor”), whose address is 1275 Cherryvale Road, Boulder, CO 80303, for $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF BOULDER, a Colorado home rule city (“Grantee”), whose address is 1777 Broadway, Boulder, Colorado 80302, an easement for the installation, construction, repair, maintenance and reconstruction of utilities and appurtenances thereto, together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the following real property, situated in Boulder County, Colorado, to-wit: See Exhibit A attached Grantor, for itself and for its successors, agents, lessees, and assigns, does hereby covenant and agree that no permanent structure or improvement shall be placed on said easement by itself or its successors or assigns, and that said use of such easement shall not otherwise be obstructed or interfered with. Grantor warrants its ability to grant and convey this easement. The terms of this easement shall run with the land and shall be binding upon and inure to the benefit of the Grantor, its agents, lessees and assigns, and all other successors to it in interest and shall continue as a servitude running in perpetuity with the property described above. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of this

day of ______________________, 2026.

GRANTOR: HAKUBAI TEMPLE, a Colorado nonprofit corporation By:___________________________________ John W. Barnett President [NOTARY BLOCK FOLLOWS] 1

STATE OF COLORADO COUNTY OF BOULDER

) )ss. )

The foregoing instrument was acknowledged before me this

day of

____________________, 2026, by John W. Barnett, President of Hakubai Temple. Witness my hand and official seal. My commission expires: _________________ ____________________________ Notary Public

2

EXHIBIT "A" PUBLIC ACCESS EASEMENT SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION, AS RECORDED IN BOOK 7, PAGE 22, DATED MARCH 12, 1958 AND A PORTION OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 4054020, DATED JULY 17, 2024 IN THE RECORDS OF THE BOULDER COUNTY CLERK AND RECORDER, SITUATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID LOT 13, TO BEAR SOUTH 89°46'53" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 89°46'53" WEST, ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 6.00 FEET;

THENCE NORTH 89°52'52" EAST, ALONG THE NORTH LINE OF SAID PARCEL OF LAND, A DISTANCE OF 6.00 FEET TO A FOUND NO. 5 REBAR WITH AN ALUMINUM COLLAR, 30 FEET WEST OF THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE SOUTH 00°28'37" EAST, A DISTANCE OF 414.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,487 SQ. FT. OR 0.057 ACRES, MORE OR LESS.

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_ROW ESMTS SHEET: 1 OF 2

INNOVATION

LEGACY

38664 4/2/2026

UR VE YOR

LOYALTY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

KY L

ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 2 OF 2 FOR PARCEL INFORMATION.

S ES PROF

1275 CHERRYVALE ROAD LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

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HAKUBAI ZEN CENTER

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THENCE DEPARTING SAID SOUTH LINE, NORTH 00°28'37" WEST, A DISTANCE OF 414.48 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND;

EXHIBIT "A" PUBLIC ACCESS EASEMENT SHEET 2 OF 2

N 89°52'52" E 6.00'

FOUND NO. 5 REBAR W/ALUM . COLLAR 30' WEST OF LOT CORNER

S 00°28'37" E 414.47'

N 00°28'37" W 414.48'

UNPLATTED (REC. NO. 4054020)

CHERRYVALE ROAD (R.O.W. WIDTH VARIES)

PUBLIC ACCESS EASEMENT AREA: 2,487 SQ. FT. OR 0.057 ACRES, MORE LESS

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

POINT OF BEGINNING FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

S 89°46'53" W 6.00' BASIS OF BEARINGS 247.81' S 89°46'53" W 253.81'

North 60

0 SCALE: 1" =60'

INNOVATION

LEGACY

KY L

S ES PROF

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_ROW ESMTS SHEET: 2 OF 2

LOYALTY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

O RAD LICEN LO . W A S R L E 38664 4/2/2026

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HAKUBAI ZEN CENTER 1275 CHERRYVALE ROAD LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 1 OF 2 FOR PARCEL INFORMATION.

CO

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UR VE YOR

LOT 13 MCSORLEY'S SUBDIVISION (PLAT BK. 7, PG. 22)

CHERRYVALE ROAD (30' WIDE R.O.W.) (PLAT BK. 7, PG. 22)

FOUND NO. 5 REBAR W/1" ORANGE PLASTIC CAP, STAMPED "TOPOGRAPHIC PLS 38447"

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G:\SURVEY\HAKUBAI_ZEN_CENTER\CHERRYVALE_ANNEXATION-HAKUBAI_ZEN_CENTER\PROJECT_DATA\WORKING\1015229_HAKUBAI_ROW ESMTS.DWG 4/10/2026 1:36:12 PM emily.vonbergen

UNPLATTED (REC. NO. 03941343)

EXHIBIT E For Administrative Purposes Only Property Address: 1275 Cherryvale Road Grantor: Hakubai Temple Grantee: City of Boulder, Colorado Case#: LUR2025-00049

GRANT OF FLOOD CONTROL EASEMENT HAKUBAI TEMPLE, a Colorado nonprofit corporation (“Grantor”), whose address is 1275 Cherryvale Road, Boulder, CO 80303, for $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF BOULDER, a Colorado home rule city (“Grantee”), whose address is 1777 Broadway, Boulder, Colorado 80302, a flood control easement for the purpose of drainage conveyance and control of flood waters and installation and maintenance of improvements necessary to ensure conveyance as determined by the Grantee, together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the following real property, situated in Boulder County, Colorado, to-wit: See Exhibit A attached Grantor, for itself and for its successors, agents, lessees, and assigns, does hereby covenant and agree that no permanent structure or improvement shall be placed on said easement by itself or its successors or assigns, and that said use of such easement shall not otherwise be obstructed or interfered with. Grantor warrants its ability to grant and convey this easement. The terms of this easement shall run with the land and shall be binding upon and inure to the benefit of the Grantor, its agents, lessees and assigns, and all other successors to it in interest and shall continue as a servitude running in perpetuity with the property described above. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of this

day of ______________________, 2026.

GRANTOR: HAKUBAI TEMPLE, a Colorado nonprofit corporation By:___________________________________ John W. Barnett President [NOTARY BLOCK FOLLOWS] 1

STATE OF COLORADO COUNTY OF BOULDER

) )ss. )

The foregoing instrument was acknowledged before me this

day of

____________________, 2026, by John W. Barnett, President of Hakubai Temple. Witness my hand and official seal. My commission expires: _________________ ____________________________ Notary Public

2

EXHIBIT "A" FLOOD CONTROL EASEMENT SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION, AS RECORDED IN BOOK 7, PAGE 22, DATED MARCH 12, 1958 AND A PORTION OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 4054020, DATED JULY 17, 2024 IN THE RECORDS OF THE BOULDER COUNTY CLERK AND RECORDER, SITUATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID LOT 13, TO BEAR SOUTH 89°54'20" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13; THENCE NORTH 00°35'25" WEST, ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 64.91 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL OF LAND AT RECEPTION NO. 4054020;

1.

SOUTH 89°51'48" WEST, A DISTANCE OF 74.92 FEET;

2.

THENCE NORTH 00°29'27" WEST, A DISTANCE OF 145.00 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID MCSORLEY'S SUBDIVISION;

3.

THENCE SOUTH 89°27'58" WEST, ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 62.12 FEET TO THE SOUTHEAST CORNER OF LOT 10 OF SAID MCSORLEY'S SUBDIVISION

4.

THENCE NORTH 00°21'17" WEST, ALONG THE EAST LINE OF SAID LOT 10, A DISTANCE OF 181.04 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 03941343, DATED JANUARY 20, 2022 IN THE RECORDS OF BOULDER COUNTY CLERK AND RECORDER;

5.

THENCE NORTH 89°52'52" EAST, ALONG THE SOUTH LINE OF SAID PARCEL OF LAND, A DISTANCE OF 413.27 FEET;

THENCE DEPARTING SAID SOUTH LINE, SOUTH 01°28'39" WEST, A DISTANCE OF 168.74 FEET; THENCE SOUTH 00°06'15" EAST, A DISTANCE OF 62.20 FEET; THENCE SOUTH 05°56'58" EAST, A DISTANCE OF 25.17 FEET; THENCE SOUTH 05°53'57" EAST, A DISTANCE OF 159.73 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 13; THENCE ALONG THE SOUTHERLY LINES OF SAID LOT 13, SAID LINE ALSO BEING THE NORTHERLY RIGHT OF WAY LINE OF MCSORLEY LANE, THE FOLLOWING THREE (3) COURSES: 1.

SOUTH 89°46'53" WEST, A DISTANCE OF 44.96 FEET;

2.

THENCE NORTH 60°09'07" WEST, A DISTANCE OF 48.74 FEET;

3.

THENCE SOUTH 89°54'20" WEST, A DISTANCE OF 200.75, MORE OR LESS, TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINING 144,557 SQ. FT. OR 3.32 ACRES, MORE OR LESS.

LEGACY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

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DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_FLOOD ESMT SHEET: 1 OF 2

LOYALTY

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HAKUBAI ZEN CENTER 1275 CHERRYVALE ROAD & 5995 MCSORLEY LANE LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 2 OF 2 FOR PARCEL INFORMATION.

CO

NOTES: 1. 2. 3.

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THENCE ALONG THE SOUTHERLY, WESTERLY, AND NORTHERLY LINES OF SAID PARCEL OF LAND THE FOLLOWING FIVE (5) COURSES;

EXHIBIT "A" FLOOD CONTROL EASEMENT SHEET 2 OF 2

N 89°52'52" E 663.45' 250.18'

S 01°28'39" W 168.74'

413.27'

' FOUND NO. 5 REBAR W/1.5" ALUM. CAP, STAMPED "PLS 23528"

LOT 13 N 00°35'25" W MCSORLEY'S SUBDIVISION 64.91' (PLAT BK. 7, PG. 22) BASIS OF BEARINGS S 89°54'20" W 200.75'

S 89°51'48" W 74.92' POINT OF BEGINNING FOUND NO. 5 REBAR, NO CAP

S 89°51'48" W 30.00'

S 05°56'58" E 25.17' " E 159.73

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

S 00°06'15" E 62.20'

44.96'

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

FOUND NO. 5 REBAR W/1" ORANGE PLASTIC CAP, STAMPED "TOPOGRAPHIC PLS 38447"

S 05°53'57

LOT 11 MCSORLEY'S SUBDIVISION (PLAT BK. 7, PG. 22)

FLOOD CONTROL EASEMENT AREA: 144,557 SQ. FT. OR 3.32 ACRES, MORE LESS

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

208.85' S 89°46'53" W 253.81' MCSORLEY LANE (R.O.W. WIDTH VARIES) BK. 7, PG. 22

N 60°09'07" W 48.74' GA P RO TER AD

CHERRYVALE ROAD (30' WIDE R.O.W.) (PLAT BK. 7, PG. 22)

S 89°27'58" W 62.12'

S 00°28'37" E 325.40'

UNPLATTED (REC. NO. 4054020)

FOUND NO. 5 REBAR W/1.5" ALUM. CAP, STAMPED "PLS 2149"

FOUND NO. 5 REBAR W/ALUM . COLLAR 30' WEST OF LOT CORNER

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

North 100

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_FLOOD ESMT SHEET: 2 OF 2

ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 1 OF 2 FOR PARCEL INFORMATION.

LOYALTY

INNOVATION

LEGACY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

S ES PROF

1275 CHERRYVALE ROAD & 5995 MCSORLEY LANE LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

1. 2. 3.

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HAKUBAI ZEN CENTER

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NOTES:

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SCALE: 1" =100'

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FOUND NO. 5 REBAR W/1.25" ORANGE PLASTIC CAP, STAMPED "TOPOGRAPHIC PLS 38447"

N 00°29'27" W 145.00'

N 00°21'17" W 181.04'

LOT 10 MCSORLEY'S SUBDIVISION (PLAT BK. 7, PG. 22)

UNPLATTED (REC. NO. 03941343)

EXHIBIT F For Administrative Purposes Only Property Address: 1275 Cherryvale Road Grantor: Hakubai Temple Grantee: City of Boulder, Colorado Case#: LUR2025-00049

GRANT OF DRAINAGE EASEMENT HAKUBAI TEMPLE, a Colorado nonprofit corporation (“Grantor”), whose address is 1275 Cherryvale Road, Boulder, CO 80303, for $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF BOULDER, a Colorado home rule city (“Grantee”), whose address is 1777 Broadway, Boulder, Colorado 80302, an easement for drainage purposes and the construction, installation, operation, maintenance, repair and replacement of storm water quality facilities and all appurtenances thereto, together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the following real property, situated in Boulder County, Colorado, to-wit: See Exhibit A attached Grantor, for itself and for its successors, agents, lessees, and assigns, does hereby covenant and agree that no permanent structure or improvement shall be placed on said easement by itself or its successors or assigns, and that said use of such easement shall not otherwise be obstructed or interfered with. Grantor warrants its ability to grant and convey this easement. The terms of this easement shall run with the land and shall be binding upon and inure to the benefit of the Grantor, its agents, lessees and assigns, and all other successors to it in interest and shall continue as a servitude running in perpetuity with the property described above. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of this

day of ______________________, 2026.

GRANTOR: HAKUBAI TEMPLE, a Colorado nonprofit corporation By:___________________________________ John W. Barnett President [NOTARY BLOCK FOLLOWS] 1

STATE OF COLORADO COUNTY OF BOULDER

) )ss. )

The foregoing instrument was acknowledged before me this

day of

____________________, 2026, by John W. Barnett, President of Hakubai Temple. Witness my hand and official seal. My commission expires: _________________ ____________________________ Notary Public

2

EXHIBIT "A" DRAINAGE EASEMENT SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION, AS RECORDED IN BOOK 7,PAGE 22, DATED MARCH 12, 1958 IN THE RECORDS OF THE BOULDER COUNTY CLERK AND RECORDER, SITUATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID LOT 13, TO BEAR SOUTH 89°54'20" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13; THENCE NORTH 00°35'25" WEST, ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 20.00 FEET;

THENCE SOUTH 00°05'40" EAST, A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 13, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF MCSORLEY LANE; THENCE SOUTH 89°54'20" WEST, ALONG SAID SOUTH AND NORTHERLY LINE, A DISTANCE OF 154.74 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3,097 SQ. FT. OR 0.071 ACRES, MORE OR LESS.

LEGACY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

KY L

38664 4/2/2026

UR VE YOR

INNOVATION

S ES PROF

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_DRNG ESMT SHEET: 1 OF 2

LOYALTY

O RAD LICEN LO . W A R L E

D SE ER K

HAKUBAI ZEN CENTER A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 2 OF 2 FOR PARCEL INFORMATION.

CO

NOTES: 1. 2. 3.

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THENCE DEPARTING SAID WEST LINE, NORTH 89°54'20" EAST, A DISTANCE OF 154.91 FEET;

EXHIBIT "A" DRAINAGE EASEMENT SHEET 2 OF 2

UNPLATTED (REC. NO. 4054020)

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

LOT 13 MCSORLEY'S SUBDIVISION (PLAT BK. 7, PG. 22)

DRAINAGE EASEMENT AREA: 3,097 SQ. FT. OR 0.071 ACRES, MORE LESS

S 00°05'40" E 20.00' 46.01'

N 89°54'20" E 154.91' 20.00'

154.74' BASIS OF BEARINGS S 89°54'20" W 200.75'

POINT OF BEGINNING FOUND NO. 5 REBAR, NO CAP

FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850 FOUND NO. 5 REBAR W/1" BLUE PLASTIC CAP, PLS 38850

GA P RO TER AD

MCSORLEY LANE (R.O.W. WIDTH VARIES) BK. 7, PG 22

North 60

DATE: DRAWN BY: EVB 1/30/2026 FILE: 1015229_HAKUBAI_DRNG ESMT SHEET: 2 OF 2

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ALL DISTANCES ARE U.S. SURVEY FEET. THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT". SEE ATTACHED EXHIBIT "A" SHEET 1 OF 2 FOR PARCEL INFORMATION.

S ES PROF

A PORTION OF LOT 13, MCSORLEY'S SUBDIVISION LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M. COUNTY OF BOULDER, COLORADO

1. 2. 3.

O RAD LICEN LO . W A S R L E

LOYALTY

INNOVATION

LEGACY

520 STACY COURT, UNIT B • LAFAYETTE, CO 80026 TELEPHONE: (303) 666-0379 • FAX (303) 665-6320 WWW.TOPOGRAPHIC.COM

38664 4/2/2026

ED R KE

NOTES:

HAKUBAI ZEN CENTER

CO

SCALE: 1" =60'

UR VE YOR

0

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44.91'

N 00°35'25" W 64.91'

LOT 11 MCSORLEY'S SUBDIVISION (PLAT BK. 7, PG. 22)

FOUND NO. 5 REBAR W/1.5" ALUM. CAP, STAMPED "PLS 23528"

EXHIBIT G

Nonstandard structures