The URL can be used to link to this page

Browse Search

Home My WebLink About20112745.tiff Town of Mead /t P.O.Box 626 441 Third Street Mcaa..p❑nic Town Mead,Colorado 80542-0626 With a Big Futuree (970)535-4477 • CERTIFIED MAIL#7010 0290 0003 1834 1168 October 11, 2011 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Mead Village Annexation. Gentlemen: The enclosed CD contains PDF copies of the application, annexation maps and other supporting material for the proposed Mead Village Annexation to the Town of Mead. This property is located in Weld County on approximately 185 acres immediately south of Welker Avenue(WCR 34) and west of the Mead Junior High School. The property is designated for single-family residential (RSF-4) and commercial mixed- uses (CMU) in the Mead Comprehensive Land-Use Plan. The Concept Plan calls for a maximum of 584 dwelling units in the RSF-4 designated area and approximately 190,000 sq. ft. of commercial space and 175 attached dwelling units in the CMU designated area. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies and service providers as to the appropriateness of the annexation. Your comments are welcome and will assist the Board of Trustees and Planning Commission in their review of the proposal. We ask that your comments reach us no later than November 4. We ask that you forward your response directly to Samson, Pipis & Marsh, LLC, c/o Gary West, P.O. Box 1079, Longmont, CO 80502, or by e-mail to: garywest@spmlawyers.com. Thank you for your cooperation and assistance. Very truly yours, � - � Sandi F. Sugden, CMC Acting Town Clerk R. ,L ,d 1 t D C l0 1� 11 MO I ti 2011-2745 ZONING APPLICATION i \-' , \ :tt‘, ‘ ‘. it \ , ,,, \ k ,i‘\k‘k \ 0 \\ \ i . \ \ \ It\ \ \‘‘ IS, ‘. : A\ %\. \ \ \ \'‘ ' Mead, Colorado Mead C--- E_L1F -1F -1 0 © all ir Prepared for: - , i lc ip WELD DEVELOPMENT COMPANY, LLC 8000 S Chester St # 240 Centennial, CO 80112-3559 + Land Planning: . 1 . PCS GROUP INC. at #3, B- 180 Independence Plaza i 1001 16th Street Denver, CO 80265 303.531 .4905 303.531 .4908 fax Millii • I !: % t " - Engineering: bains -_-ge ' PEAK CIVIL CONSULTANTS j 200 W. Hampden Ave., Suite 200 1 Englewood, CO 80110 �i llN„.. .its 720.855.3859 720.855.3860 fax 140' .. WRITTEN STATEMENT WELD DEVELOPMENT COMPANY, LLC 8000 S Chester St # 240 Centennial, CO 80112-3559 October 6, 2011 The Board of Trustees c/o Mr. Dan Dean Town Manager Town of Mead, Colorado 441 Third Street Mead, Colorado 80542 in 4t Q *12 RE: Written Statement - Zoning Mead Village r~ u Ladies and Gentlemen of the Board, a v On behalf of Weld Development Company LLC (Applicant), please find included in this letter information xthat satisfies the requirement for a written statement describing our proposal for the zoning of Mead Village. w The property is identified in the growth plans for the Town of Mead, and is identified as a combination of H Commercial Mixed Use and Single Family Residential. We believe the initial zoning that we are proposing for Mead Village is consistent with the intent and spirit of the Town of Mead Comprehensive Plan. PROJECT LOCATION AND DESCRIPTION w o This parcel of land is located south of Welker Road (County Road 34), east of County Road 5, west of Mead Middle School, and generally north of the existing irrigation ditch. The property is located o Q approximately 1 .3 miles west of the 1-25 interchange. w 2 - itis:.:' , a Town Hall ' ih , * x Al y itt : _ . , . , ap. „ . trimly ; .k., • Welker Rd . • • • • • •-' -- - - 1 .3 miles ₹ sY& i it .r ' es 0411 I. • Mead Village � � e.1+ • • s • N O '• % '� ,, O ipp4 . • • - , 41- . , -t.. • • I a i • a _ H, .c- ., . , op •• • 0 (.n r- ,-. . ./ 9 • h ■ *Sy, ✓ i . '1,* , of Vicinity Map C ₹ WRITTEN STATEMENT (con 'O NEED FOR THE PROPOSED REZONING The Mead Comprehensive Plan, drafted and approved in 2009 as a guide to future development, identifies four major goals of the comprehensive planning process - predictability, balance, flexibility, and implementation, as discussed below, It is the intent of Mead Village to help in achieving these goals. The Mead Village property has been identified in the Comprehensive Plan, and is a logical extension to the Town of Mead as identified in the Town growth plans. Our proposed annexation in It and associated zoning follows to the greatest degree possible (given that there is no straight zoning t:4category that correlates to the Comprehensive Plan land use categories), the goals and desired � attributes of the land uses identified in the Comprehensive Plan for the property. In this way we 22 believe that we are helping achieve the four major goals of the Comprehensive Plan - predictability, c.) balance, flexibility, and implementation. U x ___J {- ; Town of Mead and w earn" �,r Si III. Planning Influence Area :r v�� _� Cot land Ei • t nill4. �"�"��■ r, II 1s l se Plan SI . a,, ! athiuiNH r �s• g ,, "AWR � ii7::Iee .,:. • Al = u Inrd 9nldeolnl �' � �� lin Idd lu lal Araideofd C'°' rFr '�Illlrl stNi �'� cPIII ^ h I , _ - g'i Single Family Aradrntul LW r ... _. ��!�: ��=�;1� '�1�'..a� i e, . � � .. ♦ ._ %� Multi Izmir BnidrnWl ... ', Hp i Rrgiaml fpmmrrrul kind f v ./�''� SIP ��•,..' ^ - —•— • • �I • 7` c) LV p D h� �� I �1 in •1 _ la"! C' 1 1?IIL; >'� EP4(a i� �,ul i J Mead �/ • ,,, p�!` .Ei;Ie�'- .: PO! ' Village �l!i�� ' .. /- aomi i1nINIU•Ixr i �i��I i ._1„,.,.....„...: - �+- Agriculture 1 i *'4q1=rem \I 0, C�� •'niimnis .... Litany*mto@e Community iti Awe. .-.-1 r•• Si I (�� .. i— � � F.ostmg tale/Pedcstni.Trails o 'd 1111 I ; ' rjU 1;W �' n■ tn I 'l� .4. •'-. ' = r I ?At, i - hap.end BiteJPrdr.Wain irnlrsue, _JI . i I L1i-! iao , �C ' 1 ��I� O 'MI�I - ' a 1 ;• MITm Wir(±Nf) / t.+.Th•Net Wtir.Area . , .. ,"..4" Mil• Ir Cretins Vauban VIIIMISIOM I . a fire if! - •_ "O..� to - I#Ai • II f 11 Am- MI II it �`'� j7II ill' lilt ill _,-......, ..::::- -.1..ar f f _ - 1 - N_l � C., _J,.'S.'S.Si.t � lib a eal:et The property to be zoned consists of 185.24 acres. In an effort to keep this process relatively simple we are proposing straight zoning districts that we believe are consistent/complimentary to the Comprehensive Plan. In general the standard/straight zoning districts do not correlate with the Comprehensive Land Use designations. In our analysis of the standard zoning districts and the Comprehensive Land Use designations we have proposed zoning designations that we believe correspond to the Comprehensive Plan designations. We are proposing two zone districts based on our desire to support and remain consistent with the Town of Mead Comprehensive Plan. The northwest portion of the property is proposed to be zoned Highway Commercial. The parcel is approximately 37 acres and we believe this zoning designation to be the most consistent straight zoning district. This area is designated as Commercial Mixed Use in the Comprehensive Plan. yr) WRITTEN STATEMENT (con't) The balance of the property is designated as Single Family Residential in the Town of Mead Comprehensive Plan. The narrative for this land use designation states that there is a strong desire for a mix of home styles and sizes,with a mix of densities. The Town of Mead Comprehensive plan states that the Town may support densities of up to 7 dwelling units per acre within this area if additional open space is provided. Since there is no existing zoning category that matches the Comprehensive Plan designation we are proposing a minor modification to an existing zone district to accomplish the stated goals and desires of the Comprehensive Plan. We are requesting tn a maximum density of four(4)dwelling units per acre consistent with the RSF-4 zoning district. Based on our informal 'Visioning Meeting'we are requesting to zone the SFR portion of the properly x as RSF-4 with an allowance for dimensional standards that would accommodate a clustered design approach, The additional dimensional standards will allow for a greater variety of lot sizes and house styles as contemplated in the Town of Mead Comprehensive Plan. We believe that this ap proach supports and furthers the goals of the Town of Mead Comprehensive Plan while proceeding with a streamlined and efficient process. PRESENT AND FUTURE IMPACTS ON THE EXISTING ADJACENT ZONE DISTRICTS, USES,AND PHYSICAL CHARACTER OF THE SURROUNDING AREA; Mead Village anticipates that due to the fact that we are following the recommendations and land use designations as defined in the Town of Mead Comprehensive Plan that our initial zoning has been contemplated by the Town for some time. The initial zoning will actually further the goals of the Comprehensive Plan by implementing a significant portion of the plan adjacent to the existing town — boundaries. We anticipate providing buffering in terms of landscape, open space, or similar lot sizes o to our southern neighbor. In addition we acknowledge that there are vehicular connections that will w need to be coordinated with our neighbors where applicable. IMPACT OF THE PROPOSED ZONE ON AREA ACCESSES AND TRAFFIC PATTERNS; Street Master Plan: The proposed street network identifies a main collector street or central"spine" between WCR 34 and WCR 5, with an additional internal looping road system and proposed future connections to adjacent properties. In contrast to the Mead Roadway Master Plan, an east/west collector is not being proposed. Not only are East-West arterial connections already provided to the north and south of Mead Village in the form of WCR34 and WCR32, but it would also require additional crossings of both the Great Western Railway and the Highland Ditch. In addition to these constraints, such a roadway connection would be limited in its effectiveness due to the location of an existing lake on the East side of WCR 7. In addition the property ownership does not include land to facilitate this. The collector streets at Mead Village are anticipated to accommodate neighborhood traffic and to disperse it appropriately. The remaining roads interior to the residential neighborhoods are anticipated as local streets. Additional intersections planned along WCR 34, and WCR 5 would be aligned with adjacent proposed developments as required for increased connectivity throughout the town core. These intersections, and a series of gridded, local streets within the proposed development, will improve vehicle trip distribution. As a result, it is the applicant's intent to construct collector streets with an expanded ROW for inclusion of a large median at the main entrance to the WRITTEN STATEMENT (con't) community. The collector streets at Mead Village are anticipated to accommodate neighborhood traffic and to disperse it appropriately. As identified in the Mead Transportation Plan,the local streets interior to the neighborhoods are proposed to consist of a 36'flowline to flowline section, which will include parking on both sides of the local streets. During the time of development review we intend to propose modifying the ROW to include the road from back of curb to back of curb, the parkway and walks would be included in a utility, access, and landscape easement. The goal behind this modified road section is to provide a functional local street section that allows more land in residential lots, rather than being in roadways. This is a variation from the town's existing street standards; however, this �, proposal reflects the town's goal of reinforcing their community within the Mead Service Area. It is also reinforced by the application of traditional neighborhood design principles in place of conventional suburban standards. H AVAILABILITY OF UTILITIES FOR ANY POTENTIAL DEVELOPMENT; As part of the Annexation Agreement, municipal services will be provided to the area to be annexed. = The property being annexed is identified inside of the Mead Planning Influence Area, is identified in the Town of Mead Comprehensive Plan, and is a logical extension to the Town of Mead. Water: Public water will be provided by the Little Thompson Water District. Existing 8"water mains parallel to Weld County Roads 7 and 34 as well as an existing 6"water main parallel to Weld County Road 5 will provide service to Mead Village. The water system within Mead Village will likely be comprised of 8"water lines.A 12"loop will go through the development looping from WCR 34 to WCR 7.An 8"tie will occur at WCR 5. Options are being investigated by the water district in cooperation with the developer to provide an additional water main through town,toward Mead Village from Weld County Road 38. This line would be more than two miles long, and it has been discussed that it will be I 12"minimum. This additional main would allow for additional capacity within the overall town water system grid, in preparation for Mead Village demands and other planned developments to the south. All of the water systems within Mead Village will be constructed by the developer. Phasing needs to be taken into account to determine exactly when various services need to be constructed. For example, the commercial portion of the development will have the highest fire flow demand requirements, but is not scheduled for construction in the near future. Therefore many of the larger water system upgrades and off-site installations do not need to be constructed during the beginning phases. If many of the additional off-site facilities are required,the cost associated with those installations would be shared with other developments that will utilize the service. Sanitary Sewer: Public sanitary sewer will be provided by the Town of Mead. A new sewer main will need to be installed (approximately 3000'in length)that will flow to the existing Mead treatment facility located east of downtown Mead. The capacity of the existing treatment plant is in question and will need to be investigated to determine if existing facilities are adequate to serve the Mead Village development. The Town needs to consider options for existing facility upgrades or possibly the installation of a new waste treatment plant.Again, the phasing of Mead Village should be considered and compared to the existing capacity of the sanitary sewer treatment plant. The exact path and size of the new sewer main is not yet known; however, it will likely follow WCR 7 and WCR 34.A preliminary design of this new main is presented in the conceptual utility plan for Evergreen Farm proposed to be adjacent to the southern boundary of Mead Village. The outfall will be constructed by the developer that needs it first. WRITTEN STATEMENT (con't) Storm Water:A storm water management plan will be created with future phases of the development review that follows those ideas presented in the Town of Mead Master Drainage Plan completed in 1998 by The Sear-Brown Group. Most of the site will discharge to the northeast toward North Crack, while some acreage in the southwest portion of the site will discharge to the south. The master plan recommends that additional drainage improvements be constructed through town for the runoff draining toward North Creek. Options for these new improvements are being researched. Refer to the master plan for illustration of the proposed drainage patterns, proposed pipe, and pond locations. , K PRESENT AND FUTURE IMPACTS ON PUBLIC FACILITIES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, FIRE, POLICE,WATER, SANITATION, ROADWAYS, PARKS,AND SCHOOLS; v As part of the annexation and zoning proposal Mead Village anticipates the creation of a Metropolitan District. The District will play an important role in the development of public facilities z depending on the ultimate bonding capacity of the district. An analysis of the district has been provided in the Annexation document. r- We have provided the required analysis of the impact to schools in the annexation document and anticipate paying the required fees. Mead Village will provide the Town with a significant revenue source in terms of one time fees for building permits, etc, as well as ongoing revenue in terms of properly and future sales tax from the commercial area. e a c THE RELATIONSHIP BETWEEN THE PROPOSAL AND THE TOWN COMPREHENSIVE PLAN; Mead Village is identified in the Town of Mead Comprehensive Plan with Iwo land use designations. The North West corner of the properly is identified as CMU (Commercial Mixed Use), and the balance of the properly is identified as SFR (Single Family Residential). We have provided an in depth analysis of how our proposal matches and furthers the goals and desires of the comprehensive plan in the annexation document. In summary our proposed zoning is the best match that can be made based on the fact that the land use designations in the standard zoning districts do not correspond to the land use designations contemplated in the Town of Mead Comprehensive Plan. PUBLIC BENEFITS ARISING FROM THE PROPOSAL; The Mead Comprehensive Plan, drafted and approved in 2009 as a guide to future development, identifies four major goals of the comprehensive planning process-predictability, balance, flexibility, and implementation, as discussed below, it is the intent of Mead Village to help in achieving these goals. The Mead Village property has been identified in the Comprehensive Plan, and is a logical extension to the Town of Mead as identified in the Town growth plans. Our proposed annexation and associated zoning follows to the greatest degree possible(given that there is no straight zoning category that correlates to the Comprehensive Plan land use categories), the goals and desired attributes of the WRITTEN STATEMENT (con 't) ,• _'to � • r 4,1 , WELKER AVE. / .0111.04141 :: n" 1 ' MEAD,, MEAD 41 1.. I SCHOOL,/ SCHOOL Ls) r l U - - At III • )1 in ;aJ CENTRAL ' CMU (Comp Plan) `r. �s -ito HC (Proposed) U _ - AMENITY y.. [x I +ter; GN` D'�1 pir 1/44 It i 74 V.S- U SFR (Comp Plan) s = i • N RSF-4 (Proposed) ` k GO,y+I �fij U r. d LW - C" I ' • y ` 1 A, ''' % /' ADJATC NTLLOTS-4 r '- .„ _ n j Mead Village Proposed Annexation and Zoning 0 ' „a Q ,, , ,. 1 • '` • II ■ "" ur. a W • • 4 2 IIIII :!s al It i r • J 1 SP I 1 f _ - r ,, Mt t. -11..\\N _41 , ) .4111:4 : ., i • , 0, iii , . 5 , ., I ,,,,„\ I e ii, . , I Town of Mead Comprehensive Plan r WRITTEN STATEMENT (con't) land uses identified in the Comprehensive Plan for the property In this way we believe that we are helping achieve the four major goals of the Comprehensive Plan-predictability, balance, flexibility, and implementation. We thank you for your time and consideration and look forward to working with the Town on this development. If you have any questions, please do not hesitate to call Mick Richardson at 303-798-7495 or me at 303-681 -9100. xr Respectfully, F- Weld Development Co. z u J. Lawrence Huddleson Manager er O c 00 Town of Mead • 441 Third Street P.O.Box 626 970-535-4477 Mead,CO 80542 www.townofmead.org LAND USE APPLICATION PAGE TWO MUST BE SIGNED AND NOTARIZED Project/Business Name Mead Village Project Address Approximately the southeast intersection of WCR5 and WCR34 Annexation and Initial Zoning for approximately 185 acres, approximately 37 Acres of Project Description Commercial Mixed Use(HC), and 148 Acres of Single Family Residential(RSF-4) Legal Description (Provide Subdivision. L.ot It, Block# or Attach Metes and Bounds) . Owner Name/Company(Attach Separate Sheets if Multiple) Weld Development Company, LLC Contact Person(If Different) Larry Huddleson Address/City/State/Zip 8000 S.Chester St.#240, Centennial, CO 80112-3559 Phone 303.681.9100 Fax 303.548.0350 Email larry@huddlesonland.com Authorized Representative Name/Company John Prestwich-PCS Group, Inc. Address/City/State/Zip #36-180- 1001 16th Street, Denver-CO 80265 Phone 303.531.4905 Fax Email john@pcsgroupco.com Land Use Application Form 08/09 Page 1 of 2 Mineral Rights Owner/Lease Holder Name/Company(Attach Separate Sheets if Multiple) State of Colorodo Address/City/State/Zip Service Providers Gas Xcel Energy Electric United Power Water Little Thompson Sewer Town of Mead Metro District NA at this time Fire Mountain View Fire District Land Use Information Current Zoning Ag Proposed Zoning HC/RSF-4 Acres 181 Density(DU/Acre) 4.2 overall including the HC area #Lots/Units Proposed 584 Single Family in the RSF-4 area, 175 Single Family Attached or Detached in the HC area The undersigned is fully aware of the request/proposal being made and the actions being initiated on the referenced property.The undersigned understand that the application must be found to be complete by the Town of Mead before the request can officially be accepted and the development review process initiated.The undersigned is aware that the applicant is fully responsible for all reasonable costs associated with the review of the application/request being made to the Town of Mead.Applicants shall pay all costs billed by the Town for legal,engineering and planning costs incurred by staff,including consultants acting on behalf of staff,necessary for project review.By this acknowledgement,the undersigned hereby certify that the above info ion is true and correct. 4 Owner: .�yrJlz4/./-c.r ��x%� — . Date: /0 r 6.// U / Owner: Date: Applicant: Larry Huddieson Date: 9/13/2011 STATE OF COLORADO ) )SS. County of ) /, f The foregoing instrument was acknowledged before me this U! day of (.t(:; ry '� ,20 /l , by r(11/ 21 /k0 /4' SG"%'L My commission expires: . // /l Witness my hand and official seal. / otary Public f-/ Land Use Application Form 08/09 Page 2 of 2 JENNIFER A.PRESTWICH NOTARY PUBLIC STATE OF COLORADO Expires:March 01,2014 ANNEXATION APP! ,ICATION ,.\,,,, k , ,i-_,„‘, \ tt, , . , , , \\ ,N,,,,„ , \\ \\‘,,,, ,,,„\ ,.,\ ‘,,,,,, ,„„ , , ,,:,, ,,,,,i,,..,,,,L .,,, „ \ ,;,_ \-,,, ,„ Mead, Colorado MeadV ° io C:-_, Prepare for: •a . ' t WELD DEVELOPMENT COMPANY, LLC ' ' 8000 S Chester St # 240 9. Centennial, CO 80112-3559 y ,• Land Planning: PCS GROUP INC. #3, B-180 Independence Plaza 1001 16th Street Denver, CO 80265 303.531.4905 303.531 4908 fax `?' * 1 _i: , Engineering: � � �� PEAK CIVIL CONSULTANTS ' ' 200 W. Hampden Ave., Suite 200 ? , i Englewood, CO 80110 720.855.3859 I� f, 720,8.55,3860 fgx ,_ w ` - ,. a s. , LETTER OF INTENT WELD DEVELOPMENT COMPANY, LLC 8000 S Chester St # 240 Centennial, CO 80112-3559 October 6.2011 The Board of Trustees c/o Mr.Dan Dean Town Manager Town of Mead,Colorado 441 Third Street Mead,Colorado 80542 Q 0.� w RE:Annexation Application Mead Village H C2 Ladies and Gentlemen of the Board, a On behalf of Weld Development Company LLC(Applicant), we respectfully request annexation of the 185.24 acre property known as Mead Village into the Town of Mead. The property is identified in the growth w plans for the Town of Mead, and is identified as a combination of Commercial Mixed Use and Single Family Residential, In addition to the application for annexation we are proposing an initial zoning for the property We believe the initial zoning that we are proposing is consistent with the intent and spirit of the Town of Mead Comprehensive Plan, We therefore believe that it is in the best interests of the town to annex this parcel. PROJECT LOCATION AND DESCRIPTION This parcel of land is located south of Welker Road (County Road 34), east of County Road 5,west of Mead Middle School, and generally north of the existing irrigation ditch. The property is located approximately 1.3 miles west of the I-25 interchange. ANNEXATION AND ZONING The property to be annexed consists of 185.24 acres. In an effort to keep this process relatively simple we Iit, , _ , r' "#' ,� Town Hall ` ' L 1 Y�;t "l l' is tis F 1 rr .T71 4yJ PILL- ' I^Q{ 1 k �__. _„ *-..-..r,► . ,r, ` Iles � ��. Welker Rd. • _..... • .:_-___1,-!___ . N L. (' 1i. , v _ d .. P Mead Village .:..._.._, ,� s^ L • -- z± • �' '''" . 'rw' •.. u? Vicinity Map ` LETTER OF INTENT (con't) are proposing zoning to match existing straight zoning districts that we believe are consistent/complimentary to the Town of Mead Comprehensive Plan. In general the existing zoning districts do not correlate with the Town of Mead Comprehensive Land Use designations. In our analysis of the standard zoning districts and the Comprehensive Land Use designations we have proposed zoning designations that we believe correspond to the Town of Mead Comprehensive Plan designations. We are proposing two zone districts based on our desire to support and remain consistent with the Town of Mead Comprehensive Plan. The northwest portion of the property is proposed to be zoned Highway Commercial. This parcel is approximately 37 acres and we believe the zoning designation to be the most consistent existing zoning district. This area Is designated as Commercial Mixed Use in the Comprehensive Plan. 4t ¢ The balance of the property is designated as Single Family Residential In the Town of Mead Comprehensive L4 Plan. The narrative for this land use designation states that there is a strong desire for a mix of home styles H C2 and sizes, with a mix of densities. The Town of Mead Comprehensive plan states that the Town may support U densities of up to 7 dwelling units per acre within this area if additional open space is provided. Since there a U _ z Mi - Imo' -.. Town of Mead and x _,___)! go. i Planning Influence Area W n � ems, .:M�1 �!7 ��Ai_ �� u f� ,ter, ` ��,n Sri Co�n:hcoMire Land I �� l 5e Plan .2 in rui.Aku haw rn Lim Li hilts] galle ' &'... .11'''.4 1 g....;.-.p.,...j'�1 � 1 l01 ��. 1 E .�I "i i �lro..dtidu IN Ilt , .. .JPr �nsl n ir�Y� _ �\, I I: , I nvwnamirmaa — irMeado ' tii--fir ,.L r, D��,�r.� NI Villa elariligq.-71*II, wver:itf i. tllf 4 l,� vi_�.\�, V I q�:i,� b ! V i mr....1 an ::1, -lnt► ,i■�Q g.' .� - ■r, i , -fir * �,,... , .i� 1111111e.7 �-��.��'� �"'�.!„ ne. r ■ _ ment � , bong e�.mWmnma' =.1','111��ii� r-�r s �.��• �� ,I - 1 ..-r� /. �1 r I.qM GL, m1N, ----1f �__ �l r " Ira r� 7. �I �' ni . .._n ill =f i ✓ �_. ARMENIV rrrrK`e—n. otm,„Will- Alt Mr.'i.op, , ,1'4 ,p''''. ,. if ll� i....,„„,. -L, °- O _A� • , gin•■ limn is no existing zoning category that matches the Comprehensive Plan designation we are requesting that a portion of the property utilize a cluster development concept, as described in Section 16-3-11 (4)of the Town of Mead Land Use Code. We are requesting a maximum density of four(4)dwelling units per acre consistent with the RSF-4 zoning district. Based on our informal 'Visioning Meeting'we are requesting to zone the SFR portion of the property RSF-4 with a cluster development concept, as described in Section 16-3-11 (4) of the Town of Mead Land Use Code. This additional dimensional standard will allow for a greater variety of lot sizes and house styles as contemplated in the Town of Mead Comprehensive Plan. We believe that r'N LETTER OF INTENT (con't) this approach supports and furthers the goals of the Town of Mead Comprehensive Plan while proceeding with a streamlined and efficient process. In summary we are proposing a maximum of 175 dwelling units in the HC Zone District, and a maximum of 584 dwelling units in the RSF-4 zone district, which we understand is consistent with both the Town of Mead Comprehensive plan and the proposed zoning districts. DISTRICT FINANCING A project of the scope and size of Mead Village will require a substantial investment for capital improvements and upgrades to the town's existing infrastructure. Much of the required improvements are w offsite to Mead Village. As a consequence,the formation of a district as a funding mechanism to pay for these improvements is a key component to the success of the project. The district boundaries will be the Mead Village property line, and all other property within the boundaries of the town limits would not be subject to this district. U We thank you for your time and consideration and look forward to working with the Town on this development. If you have any questions, please do not hesitate to call Mick Richardson at 303-798-7495 or me at 303-681 -9100. Respectfully, Weld Development Co. J. Lawrence Huddleson Manager r ANNEXATION APPLICATION FORM AND FEES MEAD VILLAGE ANNEXATION BASE FEES The current submittal fees are: Annexation, Zoning, Concept Plan and Annexation Agreement: $2,500 Deposit: $5,000 TOTAL: $7,500 U U W E- ADJACENT PROPERTY OWNERS i .O D IO.C'C.C!o 4 a c. ❑ c a o 3,:i.,1..41,:.1, a < a < c �x c a' 'W Q W: W W W 1Y W w ._ � 2 2 2 2'2:2:2 2 2:2121 2 2 2 • in. • •2 O 2 a' • • F 2 K' V N N ^ G in N N N.N,N -.,_ d 00 n n n•n:Pa.:N'h•n n ,..:O 1D m A M M M M ffYY11 1 1 O G O ./1 J1 N u'1 O O O " O W • z • ' aG o • W: Z - 0 0 0 8 0:0:8 8 0'8• !0.0;0 0'8 8 g 0'0:8:3 3;0:0'8 8.0 0 0.8•03;3 8.°:S. . :8 $:8.0.0 ,Z, a V:v ca V V i V` IN V_u N.._, .., V.V:.._. $ Pi� • • • F v •.r• "s:r:a,:t1;'t.a;a•'s a, s is z yl I > .. r a.>' s • • �.y a W 7 W' -'W'W!W. W 64... W: 'W - W rii ; '� in..r �. IW.� W W WI OA5:g. g g 4v g:g!o'g:c p o W' • WW�r.W•W!W.W W:W.W W W .W W W W'W W W WSW W wi W d 5 G < yI �.y1 W Y1W.W'W W.WW .W W ... WWWW W WWW � � W W.WW W ..W. W CC a m.ttIs a s a z 0 rc cm et as l.wic•i . o a:u o.0 a� v o:a o +� a;3�� „ ��?z?!. :�?:c0 f �, g g E 2,2_l f, • W i 88Sppg8Q8Q818:81188A883488111IAs'A;A .8 rii .I`7'�V .'! .!1'N'N j!� N N N. .N.I`I N N N N , H J d .J . J:J.J J J'8 o"o' 00000 ac c'. > a e el 21 21 Q .. z z z.z Q :2 2 z 2 2 2 z 2.zz•z z,$ $ 2 ❑ N G G GAG'-Npi V. .A i Np:�Jp1G.oN V G aG G G G:G.i!pG:VI.N N.NI N ,I7, 'ry -,� Q m < < N N N N N Off N O „ N N•N.� N n N N N N N M N�2 Q'N:R..c.. .QiQi. G .D ,/1 y. 0 V.N ... {. N N N O r•+ N �'h' G:S[ • y~j N'.N k 2 tom, :3 3 3 X.3' 3 3 3.3:33 3 3 3'3 3 3 3 3.3'3'3.3.3.3 3 3' �. n.s K.n r..n $ §I r'r .y r ..... . . . .•.r ...•..w r . . ...y. ;r .w r .•.:,...^','. n .' 3'10 CO:0 p -p f, ;'!_l VI N ./. U1'. i J. 1.� / N. •1n N W.N'N N''.N.M N"Y1 M N f4 .1 t.11 wl S 9 6. p �.I'�� ,,//�� y�� N ,V J• N N.N N N.N N N N:N:.V'N-0. N 0.'S y'S ' N N N N.h"N;M N'N N N: �..n. .Oi µin. -..-. ^ .. -. .....-- O n P•'h n h:P'n.n niP�n.n�P�n.r 1� 1� n 1� P+ n n ASH h'!� n n..nnw ... .. , • • • 5id7 �' 7 1 � �'uI'v u'uJJ'uy l� u y u!� u �'.� 1N/� v1 .IT 1A N yM1 V1 N yyff u1 .A .A N'N y� r N N N yy�. F h H.h �i1..' r hC r.F- ► h M .� �^ 1^ r' � ► 2 2 2 2 2 2.2 2 2 2 Z Y z 2,2 2 2 2 2,2 2 .. _ S W W W W'I�i W W W 5'5.2,2 W U W W 'i4:2 W W 2Il55' 5.f5 5522.2:r3F..552 'i` '22Gk h r h 1' Ny� r.r r . '../-).ry� r .-;Y h y, r W W W W W W W W y1 W W W W,W.W W W W Y/ W W:W W W. - a' z 5'5 z z z z N h v. .It N N .N'.W '4',g!'4' 'H .4-4' ? to r W ? ill 'r' Q g C v 2 W N 33333 � 3 �33333333.3.33s'33 3a a �? "' r �, $ 88g88888p8880C888'8'8888EsQQ8d'8QEx'ETTg;'>EvY, Z g1zW C W 1V W W W W 4J 1.� Q.Q Q < W W W 17 W W W Q W VVV 2'r . z.. - W x a 3 2 2 2 2 2 e 2 2 2 2 2 2 i 2 2 2 e 22 2 z 2 2 2 0 2.5 = n.y e t W . Q a = y Q ; x 5 z z : z z a z z x z a z x z z z a 2 z z z z z > a 6 ¢ c Q W.z z 3 " = aartTeta aaaaaaaaaaaaa aaaaaaa: aamaa'aa ' VOW s;s < v' QQ x W W W W W W W W.W _W W W W W W W W W a _ Q 2 z..y ,.„ V4 Q m O G sA a 3 . . . .!3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 9 5 ._.+ 2 ' a a 9 an o 2 .zn n o . ..,.. . —... — O in .. N „, .A Q a4 S.. A:•D .A .? M N w O Ct a0 ... N s .. n n in in N N .N. . . . .,,, m V •T 4 R V M M N N !Y !•..g 'N.l N_. .N.. N w r te.. QOpp 8p OQp bQ 8 QQ p1 107 {� N N'ry e'•. N N N N N IV N'N'N G a § G § ." �t .-1 � � � � r ^ .:, � � • !f VVV N N g Ng N N g Ng N N g Mg g Ng N N N I Ny N N M N'N N N N�,, N N N ry N N N V'II F•R ,9. 22 .OO n A n'n n. 0 n ',Mr.o bb np �Oa o Q R ie p o p .S O O N N F N !a.. TV -. ,..4.,..„ --„, R N N N N iV Y.i N �' IG ti N f4 A IV /V a ADJACENT PROPERTY OWNERS a.ono ors' o90 oan.o.o90e CW2 "c 3 3.33 33_3'33332 • • a uk' .V•u U U3: ,U•U oc U•Vs u u V G rn r~if Aq m.N C N P . /NN!ti ^"N vNi N m .+ v .A ... 0 N.N. VOA Nei ^' g. n.fill !II sg pn 1:4i'• co o ,��7� yyy��111 p p a �RyG1 rpy• �y�Qj p •�eQy r �Q1 • 0 4a p p 4 W 2 c2•.E..'l 2O 2 aC R ' $' .. 000 W w 2 Ilg 1512 §'i 9D'N��p �0 2 R a W Q� r i a • . : Z 000 Uo00000o.8;s;ULIO.8000o'8.0.V,U0O' po0:0:00 ., U 0 •V_0 U V U 0 V U N 0•W V V•._.._- W V 4yi 0 '. W': Z• rz Z •Z.Z. Z Z Jre al ~z z Z Z 0 0,0 01 10 10' 10 O'z O OQ: 2k2 '27 I2, 2a. 5W 21 1a2 o220 o a 2. O:� a! m•� z t7:t7 d .zz s a w 'Si§ 0:0 0 0 0!0 0 0 O g ₹ 6 .O W • i ;� > {7 $ p ..i .. S • 1V:Y' N N'�.., . N N,N % = j. 4...:�. F• �.-'4-• p. W:F P'. . . . .' IZ: 6 eo ayc mzW:d• R a Q Q4 • N G NrNN'N.N'N N N N N N N 2 5- '1.11 .. : F,- I 2.... . : -. � , = xz:ss'z. •zsss.z:z3t . to4-- d A glz .:A, P.:�.� A �.:g+ y�•$.2'd ), . Z 2 U. F �:0 0 0:O 0,O 0 0 0 0 ,c.O 0.2:g; ,•N.Y! .> > O' ,0 0 0 et P.~ Z A•.:. Z.Z:2 $ Z•z:Z:2 z 2 2•z 2 z !m u IS u'Vf u < V u V V 0 XQ: G.M•P1:.+4�M'M w.:M:NI M M T'M M M'�IN p -*!..4 p..N G Q. V'O1 • W m m N N :m:m'mm •M. M M iN A M Y .q .O 0 00 g' [t�r5y �1 wf fn �4..14 ref ��srl1 C yi y4 eV.in N:N ca a.in' N PJ N N M:N 4 A:A A A' ci .a� 04.p. v-t:a:O a•-.- ,< ,«-«,,......�i..-... - -.-.N. - :i m,-, 0.. * .. d I • . ,• W 2 S 2• . • 1.1 • NN • c �. 0 Li o. • I • 4: W S ' i a • m ;, • 2 J J u � . . . . . I 0 .N Xo' W ?.• 6 .+ .U. „..H N Y4 .J4 N N N N N N N' _j. it.., o V. Z. 474 'y} K W W u� W W W W W'W W W W W W W W W W O • D,0- Z: W W a• Y 0 r r•i-I►..r•a r >• r r r:J-.�- 4- �r !� W (L •�.�y' W .p le 2 4h .-.,,...8-O-i,4.//x� 1•' 0 yF-- F _ F0- HM'i�J:g. Q 1— V_ W �y �_ W z p Z W.W W'W'W;W r . .7' .W , 5 q dC v x W Z .�. 41. .�a .�a t,,,,'.�i .� �. i70o� .Z 4 x:Oa~C S. 3 ,,�,,Eyy >'33.3: 3 ? 3.33.3x,g'�;Z3 m a Na caE- ^'4.4WJ i . ,.. ...".„.• :W W W W'W.W Q�� i., -1.,, S SJ O C « Z a3 >:s.>,S•> `> >3•55.5.5-Z z.2zo*cz' �z5 � �Aa ot N Q W.W WW:W'W W W W W W W w Z W �+ F C'Q 4� J .�. G.° ¢ Z 2 4 ¢ 8 8 m'i7 tJ m'm!U M M M i7 m m f c J G' 4D J 2 3 = x 2 2 } g Z4 Z Z 2 z z z z 2:Q 2 4 g,z 5_ ,,, ,, > 0 O 5xaaZaagagaa ¢ a `d.`dOV:N.C. mxn2dalt•- .*.. 4D .W - -. N ^'1► y�� 47 1/1 0 11 ~ ydl N n dl - TN'},in M M W ~ ry M ~ • O p• O 0 0• O M.M 0 0 0 0 0 0 0 ggs .A'a 4S S'.O:S.W .O ak S a.46.. .a n n'1. n p. .. r n i A A .. N.N,A:a pP nM1n • . . . . .. gip. ati•pn n 1O. pA A pA A A hp N'n ^o 000 OOaRRRRRR M.R .Q. N ZR.R N2RNfV R NRN: PETITION FOR ANNEXATION MEAD VILLAGE PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We, Weld Development Company, LLC,the undersigned applicant and landowner, in accordance with r- Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado,to- tttt a wit: m North of Section 16, Township 3 North, Range 68 West, of the 6 Principal Meridian, County of Weld, State of Colorado, EXCEPT the following parcels described in: Patent recorded in Book 359 at page 220; Patent recorded in Book 575 at Reception No. 1496936; Patent recorded In Book 1440 at Reception No. 2387415; v ALSO EXCEPT THOSE RIGHT OF WAYS AS SET FORTH IN INSTRUMENTS RECORDED IN: Book 1062 at Reception No. 2003223; and in Book 1062 at Reception No. 2003222; and In Book 1290 at Reception No. 2241203 County of Weld, State of Colorado J As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado,that: 1. It is desirable and necessary that the territory described above be annexed to the Town of Mead. r 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 Mead or will be contiguous with the Town of Mead 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 Mead. 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 Mead. 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. r PETITION FOR ANNEXATION (con't) _ 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. ra h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. c4 U a i. The annexation of the territory proposed to be annexed will not have the effect of extending � the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in anyone year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead 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 Mead; 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 Mead 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 Mead but is not bounded on both sides by the Town of Mead. 3. The owners of 100% 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 information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or 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; 00 PETITION FOR ANNEXATION con't) d. Next to the boundary of the area proposed to be annexed,a drawing of the contiguous boundary of the Town of Mead and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundades. 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 Mead, except for general property taxes of the Town of Mead which shall become effective as the k January 1 next ensuing. 6. The zoning classifications(land use) requested for the area proposed to be annexed is NC-Highway Commercial. and RSF-4 Residential Sinale Famlh(. WHEREFORE, the fdlowing petitioner respectfully requests that the Town of Mead, acting through its Board v 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 owners)of the subject property,the owner(s), mortgage and(or Ilenholder shall also sign The application. Applican . e . Date: /d 4 •// Jei ul Weld Deveopment Company, LLC By:J. Lawrence Huddleson, Manager The foregoing instrument was acknowledged before me this 69 day of(124e-1_2011 by J. Lawrence Huddleson,as Manager of Weld Development Company, IC, a Colorado limited liability company,and as Applicant. JENNIFER A.PRESTWICH Witness My hand and official seat. NOTARY PUBLIC STATE OF COLORADO Expires:March 01,2014 My commission expires 3/r/J'/ Not aP Public STATE OF COLORADO SS. COUNTY OF DOUGLAS STATEMENT OF AUTHORITY (38-30-172,C.R.S.) I. This Statement of Authority relates to an entity named Weld Development Company 2. The type of the entity is a: ❑corporation O registered limited liability partnership ❑nonprofit corporation O registered limited liability Limited partnership 3 limited liability company O limited partnership association O general partnership O government or governmental subdivision or agency ❑ limited partnership O trust(Section 38-30-108.5,C.R.S.) ❑other 3. The entity is formed under the laws of Colorado 4. The mailing address of the entity is: 80005.Chester St.,8240 Centennial,CO 80112 5. The O name O position of each person authorized to execute instruments conveying,encumbering, or otherwise affecting title to real property on behalf of the entity is J.Lawrence Huddlesan-Managing Member 6. The authority of the foregoing person(s)to bind the entity it is HI not limited O limited as follows: _ 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S. Executed this [y day of , 01 lir_ Name: ►-Reey 1,1 of ktEcO.t1 (type or print) STATE OF COLORADO )ss. COUNTY OF The foregoing instrument was ackno}�'ledged by methis �9 day of Ct'(� �e( 20 /((,by Pill ((t' v6° Witness my hand and of tcial seal. // My commission expires ^'>/t /y ,2 oryfPubtic JENNIFER A.PRESTWICH NOTARY PUBLIC STATE OF COLORADO Expires:March 01,2014 ANNEXATION MAP To be Completed by: Town of Mead Surveyor or Engineer Annexation Map Land Surveying Standards Name of Annexation: Surveyor: Date Initials Items 1.A scale drawing of the boundaries of the land parcel. 2.All recorded and apparent rights-of-way and easements,and,if research for recorded rights-of-way and easements is done by someone other than the professional land surveyor who prepares the plat,the source from which such recorded rights-of-way and easements were obtained. 3. All dimensions necessary to establish the boundaries in the field. (The dimensions must be shown to all control oo monumnets used in the field surevey. If the boundary runs downa line or parallels a line,the dimensions to get from the control line or monuments to the parcel mush be shown. Dimensions to both ends of the control line must be shown). 4. A statement by the professional land surveyor that the survey was performed by such surveyor or under such surveyor's responsible charge. 5. A statement by the professional land surveyor explaining how bearing,if used,were determined. 6. A description of all monuments,both found and set,which mark the boundaries of the property and of all control V monuments used in conducting the survey. (Monuments such as section comers are control monuments. If you are running down a line or paralleling a line,the monuments at both ends of the line must be shown. It must be labeled on the map or --I plat if a monument is found or set). 7. A statement of the scale or representative fraction of the drawing,end a bar-type or graphical scale. 8. A north arrow. 7_ 9. A written property description,which shall include but shall not be limited to a reference to the county and state together 'I with the section,township,range,and principal meridian or established subdivision,block and lot number,or any other method of describing the land as established by the general land office or bureau of land management. (Property descriptio t4.1 is to be written in upper case type). 10. Any conflicting boundary evidence. Ties to and description of all conflicting comers are shown. 11. Location map. Minimum one and one-half mile radius of the property with principal roads labeled. 12. Certificate block-based on the Town's standard certificate for annexation maps. 13. The signature and seal of the professional land surveyor. Initials of draftsperson,date of drawing and AutoCad file name. 14. All calculations have been double checked on the final map for any errors,transpositions,the sum of the parts equals y the total length,etc. .r 15. Corner recordations have been made,or what is found in the field is identical witha previously filed corner recordation. Corner recordations have to be filed on all sections,1/4 section and aliquot corners of a section. 16. Dimensions of lots and area of the lot are to be placed inside the lot,dimensions of blocks or parameters of polygons ar to be placed outside the block or polygon. Widths of roads,and easements are to be placed between the r.o.w.lines when possible. Dimensions must clearly indicate the terminus point at each end. Curve data may be presented in tabular form,or with leader dimensional lines. 17. All text and numbers are to be large enough to clearly legible at the scale drawn. Paragraph text,legal descriptions and certificates are to be in 12 pt.(0.16608")AutoCad Roman Simplex,Helvetica,Anal or similar"san serif"type. Title of plat is to be centered at top of the pat in type not less than 0.3"high. 18. An AutoCad drawing file(Release 12 or higher)of the map,and all font files used,on 3 1/2"IBM formatted disk is to be provided. A word processing file of the legal description on 3 1/2"IBM formatted disk it to be provided(Word Perfect 6.1 preferred). Instructions: 1. This checklist is required to be completed by the responsible surveyor or engineer and submitted with the annexation map. 2. The completed check list is to be maintained in the Applicant's File. 3. Items#1 through 10 refer to C R.S.38-51-106,Surveying statutes. Official Use Only: Reviewd by: Date: CONCEPT PLAN • n E : J t- 4 Y h�j`, •3. 'f} • t R'S• I•': f r / Vii. .. � J 'A Jl +l ♦ r j I '. ,N'. �._w . '' q. }. il. " * +4.„- t`r r l' ,'1 �r,'! Apia • ,.� T�'bY •r c w r' 1. e aka `' ':;, '' I:4 tier e '4% was r v: '� w �¢� ': t s, U t 4 Y` q ! 1 g� l SST �✓ Q �r y-3 � �} ' � ii6 a r� i �' _ ' ' l's ,m. ! (.J a. its' M.w..fiY2, y. ?f..0 r;v+� ! s • ''' ''..:.d. s L ,�, Z • ^'17 i R , / , r Mler Y y ve,r, ". ! r�, y..d } .n ;' it 7 /arr p ht b ✓ 1 :'� ?t,'.... Ira , t$ • 4 ;y 2rr,,Y - ,,,,,,,.-.34. 1.',.,,•-• :., �. �c� '' + - •• .' r .4' a i.•• ' --dek.„,' ,.... i,'; ,E-Estg, ...ijo,*/001$1' ',1 •yyY:Fy t : :: ! 7 fi ••`;.3"* I- 1; 1p., H t f e'l 4,' `';;'tax?'.▪'t w .t; •� $7,„••, s is ti c t , • V „it ° 1 V.,. _ �f� r, g 1 .R,�",�, ' +K ''';,;,.11•141"..,, .Y, ✓/iv f' .Q-] i; f ;W'''' ti--f ��.tom. l � . >;V„ �'a; �" �•., r • J .'. '>"� - a ,s•r,.. ^t ' rs kfi ...,...„L: <,ue? -,P.,...1',,'•; ' - '~! O r '' . '.`'�_,:' .. '��.f:: � •.- I .�.....nxw��emuaw. � _« ,JM ,:iii{nti.. �L•. {;� z r TITLE COMMITMENT Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 07-29-2011 Our Order Number: FCC25100962*1 Property Address: C HUDDLESON LAND COMPANY PO BOX 771 CASTLE ROCK,CO 80104-0771 Ann: LARRY HUDDLESON W Phone: 303-681-9100 Fax: 303-681-2646 z. Copies: 1 x - EMail:lany@huddlesonland.com Linked Commitment Delivery H If you have any inquiries or require further assistance, please contact Final Policy Department Phone: 970-282-3649 Fax: 970-282-3652 Form DELIVERY.LP M TITLE COMMITMENT LTG Policy No. LTAQ25100962*I Form PIB/ORT PROPERTY INFORMATION BINDER This Policy is issued in lieu of Policy No. LTAQ25100962 which is(are)hereby cancelled. Our Order No. FCC25100962*1 Liability: $50,000.00 Fee: $0.00 0 c ¢j Subject to the exclusions from coverage,the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, Ci U OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Z a Corporation,herein called the Company, U h GUARANTEES HUDDLESON LAND COMPANY herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of July 22, 2011 at 5:00 P.M. 1.Title to said estate or interest at the date hereof is vested in: WELD DEVELOPMENT COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY 2.The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company -r TITLE COMMITMENT LTG Policy No. LTAQ25100962*1 Form PIB/ORT Our Order No. FCC25100962*1 3.The land referred to in this Binder is situated in the State of Colorado, County of WELD described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION xE 2 cG U U 4. The following documents affect the land: NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF$125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. 1. RIGHT OF WAY FOR HIGHLAND DITCH AS ESTABLISHED AND/OR USED. 2. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED SEPTEMBER 16, 1908, IN BOOK 283 AT PAGE 354. Land Title Guarantee Company Representing Old Republic National Title Insurance Company TITLE COMMITMENT LTG Policy No. LTAQ25100962*1 Form PIB/ORT Our Order No. FCC25100962*1 4.The following documents affect the land: (continued) 0 3. RIGHT OF WAY EASEMENT AS GRANTED TO BOARD OF COUNTY COMMISSIONERS OF WELD m COUNTY IN INSTRUMENT RECORDED MARCH 17, 1909, IN BOOK 296 AT PAGE 149. r1 4. RIGHT OF WAY EASEMENT AS GRANTED TO ST. VRAIN VALLEY SCHOOL DISTRICT IN INSTRUMENT RECORDED MARCH 26, 1985, UNDER RECEPTION NO. 2003222. U_ 5. MATTERS AS SET FORTH ON LAND SURVEY PLAT RECORDED NOVEMBER 12, 2003 AT RECEPTION NO. 3125672. 6. RESERVATIONS AS SET FORTH IN PATENT RECORDED MARCH 11, 2005 UNDER RECEPTION NO. 3267740. r 7. RESERVATIONS AS SET FORTH IN PATENT RECORDED JANUARY 12, 2011 AT RECEPTION NO. 3744603 ❑ 8. TERMS, CONDITIONS AND PROVISIONS OF NO SURFACE OCCUPANCY AGREEMENT RECORDED JANUARY 12, 2011 AT RECEPTION NO. 3744605. 9. DEED OF TRUST DATED MARCH 10, 2005, FROM WELD DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF HUDDLESON LAND COMPANY TO SECURE THE SUM OF $50,000.00 RECORDED MARCH 11, 2005, UNDER RECEPTION NO. 3267743. FIRST AMENDMENT TO DEED OF TRUST RECORDED JANUARY 12, 2011 AT RECEPTION NO. 3744608. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED MARCH 11, 2005, UNDER RECEPTION NO. 3267744. FIRST AMENDMENT TO ASSIGNMENT OF RENTS RECORDED JANUARY 12, 2011 AT RECEPTION NO. 3744609. TITLE COMMITMENT LTG Policy No. LTAQ25100962*1 Our Order No. FCC25100962*1 LEGAL DESCRIPTION THAT CERTAIN PORTION OF THE NORTH 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W 1/4 CORNER OF SAID SECTION 16; THENCE ALONG THE WESTERLY LINE OF THE NW 1/4 OF SAID SECTION 16, N 01° 31' 13" W, 1171. 61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, N 01° 31' 13" W, 820.47 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 5, 1994 AT RECEPTION NO. 2387415, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY;THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 5, 1994 AT RECEPTION NO. 2387415 THE FOLLOWING 2 COURSES: 1)N 88° 38' 25" E, 331.94 FEET; 2) N 01° 00' 00" W, 644.78 FEET TO v THE NORTHERLY LINE OF SAID NW 1/4 OF SECTION 16; THENCE ALONG SAID NORTHERLY 2 LINE, N 88° 38' 25" E, 2281.71 FEET TO THE N 1/4 CORNER OF SAID SECTION 16; THENCE ALONG THE NORTHERLY LINE OF THE NE 1/4 OF SAID SECTION 16, N 89° 13' U 47" E, 529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223, S 00° 34' 11" E, 699.89 FEET TO THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223; THENCE ALONG SAID SOUTHERLY LINE, N 89° 25' 28" E, 1482.44 FEET TO THE WESTERLY LINE OF THE RIGHT OF WAY EASEMENT DESCRIBED IN THE DOCUMENT RECORDED MAY 8, 1905 IN BOOK 228, AT PAGE 96 AND DESCRIBED IN THE DOCUMENT RECORDED 3 19, 1906 IN BOOK 234 AT PAGE 92 IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, S 20° 28' 45" W, 2089.17 FEET TO THE SOUTHERLY LINE OF SAID NE , 1/4 OF SECTION 16; THENCE ALONG SAID SOUTHERLY LINE, S 89° 03' 36" W, 1246.27 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 16; THENCE ALONG THE SOUTHERLY LINE OF SAID NW 1/4 OF SECTION 16, S 89° 03' 24" W, 521.53 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, N 29° 01' 54" W, 209.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3260.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 33' 58" AN ARC LENGTH OF 316.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2440.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 33' 12" AN ARC LENGTH OF 1003.04 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 340.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 22' 42" AN ARC LENGTH OF 61.59 FEET; THENCE TANGENT TO SAID CURVE, N 57° 23' 50" W, 124.86 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 225.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53° 11' 02" AN ARC LENGTH OF 208.85 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 540.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 04' 53" AN ARC LENGTH OF 311.78 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 190.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 48' 55" AN ARC LENGTH OF 115.45 FEET; THENCE TANGENT TO SAID CURVE, S 67° 41' 06"W, 253.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1770.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 02' 25" AN ARC LENGTH OF 310.17 FEET TO THE POINT OF BEGINNING. TITLE COMMITMENT Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land":The land described,specifically or by reference,in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records";those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured":the party or parties named as the Assured in this Binder,or in a supplemental writing executed by the Company; (e) "the Company"means Old Republic National Title Insurance Company,a Minnesota stock company. rk 2. Exclusions from Coverage of this Binder U The company assumes no liability including cost of defense by reason of the following: (a)Taxes or assessments which 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;taxes and assessments not yet due or payable and special assessments not yet certified O to the Treasurer's office. (b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to water, (c)Title to any property beyond the lines of the Land, or title to streets,roads, avenues,lanes,ways or waterways on which W such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any other structure or improvement; or any i,. rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description. (d)Mechanic's lien(s),judgment(s)or other lien(s). (e)Defects, liens,encumbrances, adverse claims or other matters: (a)created,suffered or agreed to by the Assured; (b)not known to the Company,not recorded in the Public Records as of the Date, but known to the Assured as of the Date;or(c)attaching or creating subsequent to the Date. 3. Prosecution of Actions (a)The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder,whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b)In all cases where the Company does not institute and prosecute any action or proceeding,the Assured shall permit the Company to use, at its option,the name of the Assured for this purpose.Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss-Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay,settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder.Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB.ORT Cover Page 1 of 2 oc TITLE COMMITMENT 6. Limitation of Liability -Payment of Loss (a)The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for loss or damages shall arise or be maintainable under this Binder(1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice,or(2)for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Binder,except for attorney's fees as provided for in paragraph 6(b) thereof,shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e)When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. rX J 7. Subrogation Upon Payment or Settlement U- Whenever the Company shall have settled a claim under this Binder,all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued.If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to z the amount of said loss.The Assured, if requested by the Company,shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation,and shall permit the Company to use the name of the Assured U in any transaction or litigation involving the rights or remedies. H 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder.No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President,the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612)371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the 0fficeof: n !� 772 WHALESGUARANTEE COMPANY 41$11:;;;;;;+"..., n1I07\11" o q n 11 712 WHALERS WAY#100 ;q * * �.- `^COQ '7V.✓I�_I/'AK! FORT COLLINS,CO 80525 ;rP**("� *`v 970-282-3649 *S A rized Sign tore PIB.ORT Cover Page 2 of 2 C TITLE COMMITMENT LAND TITLE GUARANTEE COMPANY INVOICE Land Title GUARANTEE COMPANY .,...trcc.cam Customer Reference No. Record Owner: WELD DEVELOPMENT COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY Property Address: When referring to this order, please reference our Order No. FCC25100962*1 Date: July 29, 2011 U - CHARGES- z o H Property Information Binder $0.00 --Total-- $0.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: LAND TITLE GUARANTEE COMPANY 772 WHALERS WAY#100 FORT COLLINS, CO 80525 c TITLE COMMITMENT .4:-,& 364- �— I tt Nor ; ' " ` ! `.n�t�fa i Subsribn end sworn to before se we 31, Stir of ypttawr, 1906. . nil r. V41813°at eMan wsi aspires Joy 2nd, 1910. ' -2-0., . 1 t", 1. Alborg J. AUnn. Notary abU.. U; ,,ill 1 Piled for mooed en 9:10 o(41.0•.S. Sept. 13, 1906. F -1 Chas. maim Roomer. n a 'Il .-1 d D R R D. Ito. 1299. Z _II I I Ile 1NDaht9RR, rada Chia sib day of November in the yarn of our Len ma thousand. else bus- WIII nodmad Deno, Dwain The State of Coloreds, b its duly authorised officials, part of the tint t•-• I' .1 pert, and John Mann of the County of Boulder,State of 0elea40, party of the neon pert; 1 I 1 NIOyJ.t, brama sold port of the nand port s d*aypliwtion n Bond to the St .Bod of land Oowa.o- 1 ..I: temre lorinl otrol of tie lands held by to State of Colorado for Senaat petpews, fora rift of ''I'ii soy ens,trod,apn and songs the School land herelnaftor deorie d, for the ontruinn, opn ''I anon and at,nemmo or a lateral ditch for irrigation uses and patporr, and e.. '' II NOW" the maid Doard of Lad Cewainiome be pawed sue riy,t of say for en uses and • 10. !� penes aforesaid. upon tie °aditin tint maid pert of the reed part ply the ma of thirty aft ta ',1 11 and 66400 dollars (83645) Monfort end ,i• I rPRRAS, R. R ;Wryer. re Meting r is Met annoy of the State of y OW Coined.,Timothy is bares tory of State thereof,sad Joie P. Titian is bean.of the Star board of Lend Commissionersof I sold State, and as non otflai.la an authorised in sue at.,Upon the PIMA* of am rift of ' var. to snot.end deliver on behatr of we State of Calosedo, a paper toed sr other iastrasat I, '' of welting for suds its .f q or pant. • NW Th00700, lint.PytwafS ItIZIMMITS: That the aid peel of the.flat pet, toe end to I i I_. ', consideration.Ctrs Frain. etonsaid, and the furtboe eaeddwStten of the as of thirty sin sad '.. 51,100 (036«9)te Iwo porn of the fiat pet in bend paid by sold prty of CM Pima Pot co- ':0 ript unmet la hereby anneeinged and confound .has paged oat beeped and 07 then paseats .. does pent end envoy no sold petty of the n:em0 pen, his beia, sddatnreten sad sodas,a • ' 1 VIIVa or over.aq e thrones. on em mean the e southeast quarter of theaeetbws starter (14of Ii a ' pit), eathaew quitter of the northwest eman.r (N41 of ink), float garter of the'northeast '3 ! orbs (ptk of rk), northeast g urtae of she nertamaa natter (NRk Of tik).and snmwt pester 1 (grebe Denhea% sate (I*of yak) et matt=stases(16) In toaamip thee. (3).gem of n_-Oe j; .:I.I- silty.ift (66)wet of the Siren Priaipal Nridian In Mild Coumoy, Colorado; the rift of Mg meta end snob granted Min mon parsiealary donned by mete SOW bends a Wises, trait: �� A tarty of lead 20 tent in width. Coln 10 int en rob Mb of me hinter Um whim le de- I j. a wnbed as follows; :" 'i C.�moint natant int in the 1 : : .• W sulk et the 11�e!son 16, township S mats vane 60 seat tan ' -T,_Yahmer the mtthwn ease or the IRk of maid entire is dinar* N. 1M$6' 5 (our 1a• a0' R)2162 e ra TITLE COMMITMENT AK h `:F • font. Oboe*, ter 32' R 92 toes: .. 30.13' RU0 - '.e • z i :; o 2•u' D1S ' YG • '2M R 340 • '- M 30• ' R la 23• R s6 • D9'30' R 170 - -j • D7•ID' R 176 '• F, Tr T2'51330 • D9.12'.2 270 • man R. R. traaho U ! • r13' 8390 • a 17* R 320 • them 0r R 31 tent to a point as tar east line at said ration 16 ao neldp 3 north • U range de vest from aneo the eoluath that it tb ►g of said seetion Is eretaa S. 87e twt: • 4 ' said dberlbed drip or laths of lad containing 2.03 doss• son er Uw. UThe above da en t' lad Ming.tnrdnt to the survey in plat raaa an LIU In the=let ' .:a or the hate ben of that c action... . n it RI@R:OW.t DROItgnS MID AOpdtD by and Morten the poles hereto, that ell rights to ' am eel or ether e1mn1 et rag earner Weeiying aid land et roserwe to me State of Mane , and that this great is abJwt to all rights sodprltil.ps panted a 1(1 or M t05 Deal De. 1217. •. II TB KM= ICORFSSA=RD Aga OSDRif100D by end btein the satin bents. St geld can in party lull ean•trua and aisle in ald lateral altar paper,Mats and drops ter the Madllq and ordeal of the aataro =Tied therein, sal for Ste eoroaratia end rSntlen of the Stab } tabs and lands sdtheant thereto. in lull eautria and'sandals good and nff .itt tanlnp , • A ever and sense said lateral diab,Oren or sad abnmr to ass eve or shall be maasaer end ..� _ r ngdeiN. in in the read of his allure or ratans" to to d0. or If said UMarl dpab to dnes tlrnd'or abandoned ath bah. then, end La that tent.tide punt* tall MOM and be %au ntewh le*pentin and role, ad the land hewn m betty neared lull moth mart to Ow State K 4r- rode tbelutet7. . TO RATE AID TO ROOD the said lateral Stab right of ray rte the add pity a the hear pent :.s his Miro, odmin1nrotato sod amigo, for the tae ea pit n. in VW lbe term that auditions sag t dE aforesaid only. .. IS caws dgdg7. I Mn hMgae iS Sr Mod dad gnat the sal of the-Sesta Seed of bad Nmtsoeros to be =oohed the den sad rear state slid TOR STARR er OrtObM. • jt[ �._ w b 0.R.Earner. Nether. • =lag. . I. • ?V;twr 1 Timtg O•poser, *• ..., Rearetery K Nate:' 10/sofa 0.Y. ea to fare and preaaMunt • Attaat: • Jdd R. vivito, Replur of the stain Dowd K-fdia,/,, 0.L. Ddekaan. Atty. tor the Nmiseraano - 4tota Rp�rd at add dens. 44. *WGw 172. 9. M ter nowt K 9 e'dlthh MK Seth. 16t 19D0. _ Obs. bvie.Rredar, ,:o :h';_ • . ..... _ may... . N ci TITLE COMMITMENT • T 149 • r.."-1111•1-1 __ .." ,_. 2�, �eig. ..-.4”, �... .. r lace/:+.�..:):„..,lyy9 i r. .....i ... ✓/A ..A.:.Li/d rr ...A./17 - . ,• .'4 t A.....,••••..,p...Y•.✓, C. D. Ford, Register. �' . ;.r,.l n74. Pilot for re at 9"o'eleok A. Et. Sarah 17, 1909 o •, A. J. Mar, ReewMr. 7., r Q _ ,. •.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxzxxxxxxxxaxxxxxxxxxxxxintavUxxxxxxxsxa W ) • F V . z t. • U W DM POR AIghR OP WAY .f, U_ • Mo4344. Z 'r THIS INP JfUPR, sat* this 10th day of February in the year of ow Lord one thousand, nine t-1/ F'"1 hundred nine between DAR STATE OP COLORADO, by its dulyAuthorised offioNlb, party of tla first r- part, and VIF. BOARD OF COMITY COIOIISSIONPR8 Of the County of Weld, State of Colorado, party of the otoond part; WITIMI3 TN; that the said party of the aoond part has bade applloation to the State Word of Land COxrdssioners having control of the lands held by the State of Colorado, for a right a of way over, through, upon and sores the School lands hereinafter described, for the oonsiruetton 7 land aalntenanoe of COUNft ROADS and PUBLIC AI@MUY; and UMW, the said Board of Lane OsWsaioers.haa gr•netd suet right of way tar She ?tarpons. aforesaid on eonditlon that the party of the weoM part pay the sus of one Zoller (We) therefor; and N743tEAS, John P. Shofroth is govermrof the State of Colorado, Jars S. Pears is Secretary of State thereof, end John P. Vivian is Register of the State Board of Land Oossiesioners of said mate, and as such officials, are authorized in such can, upon the granting of sash right of way. • to exeoutt and deliver a proper MM or other insLrusiW of writing for such right of way or grant. DOW TMK EP0RF., TNP`E FRN9O,tS ntxsaaRTA: That the said party of the first pert, for and in consideration of the praises aforesaid, and the further consideration of the sus of one dollar ter) lawful new, to said party of the first part in band paid by said party of the seats part, she receipt whereof le hereby aoknowltdged and contested, Was panted and oonwyed , and by avast presents does rant and convoy unto the said party of the sowed port and its suoeessors in ornery it P.I,UIT OP WAY over, through, urn and across the followin4 described tracts or parcels of lend fffl situate in the County of Sold and State of Colorado, twit; , A strip or parcel of land thirty (30)lfeot wide oft or the South side of the South halt (Sk) or section sixteen (16) township one (1) North of Range sixty eight (66) Bost of the sixth (6th) �# Principal Meridian, Containing 3.63 awes , sore or leas) . A strip or pared of 1a U thirty (30) feet wide off of the Port side of the Nast hiltr(iri).etZ YM .... ',action sixteen (16), township One (3) North of Range sixty sight (61) Nast of the sal ,-4,t1 Prinotpal Meridian, containing 3.63 sews, nova er lose a: .ti. ;AYvi':.617aFL:M rl TITLE COMMITMENT re,s . . . I , 1v0 • • i ' A strip or parcel of lend thrity (30) hot wide off or the Rent aide of the lest hnif (WA) ) of section thirty nix (36) Township 0•» (1) North or Kongo sixty tight (Gn) nest of the sixth (6th) o. 1 frinaipel : ,ridian, containing 3r$ scree, more or lease it I ' ALM, r A strip or parcel of land thirty (30) feet wide orr or the past aide o(.of the Nast half (N;() 1 * of notion thirty six (56) In Township one (1) North of rmgx. slxty *I0W (5N) test of the sixth. y 1t4 f t (6th) principal horldlan, containing 3 or 3 sores, se or lone; U I I . ALSO, U A strip or parcel or land thin,' (30) reet wide off or the west aide of the Rest half (88) Z I . of emotion thirty, nix (36), Township Two (2) Werth or Range silty eight (68) West of the sixth (6th) • ) U 1 , Principal !o:idlnn, containing 3.63 sores, sore or Were; . H' ' AIM, ( ) A strip or parcel of land thirty (30) feet wide off or the South side of the South half (116) ( : Of notion thirty six (36) ,'Tranship Two (2) North of Range sixty eight (G8) west of the sixth(6th) Principal ilaridisn, containing 343 acres. sore or 1ese) (: ALSO, l4 A strip or parcel of land thirty (30) feet wide off of the sect aids of the past halt (Rif) r. 't h of notion thirty stz (36) Township Two (2) )forth or Range sixty eight (68) west of the sixth t (5th) Principal Meridian, containing 3.63 sores, sore or loos; A strip or parcel or land thirty (30) feet wide off of the North side or the north half (NA) I ' or oeotion sixteen (15) , Township Three (3) NOrth of Range sixty sight (5R) West of the sixth (6th) ) principal Meridian, containing 3.63 norm oar* or laas; H AL M, A strip or parcel or land thirty (30) feet wide ofrf of the west side of the West hell (lea) . I or section sixteen (16), Township Three (3) NOrth of Pangs al.xty.eight (68) west of t e sixth (6th) Principal Neridien, containing 3.63 acres, sore or less; ' At.dO, 1 A strip or parcel of land thirty (30) feet olds off of the South side of the Southwest 11h) quarter -t the southwest quarter (S(} of the fig ) or section sixteen (15) , Township three (3) I! North of RM." sixty eight (GS) West M. the sixth (6th) Principal Meridian, otWKsiniry( .9 Of [' en sere, rare or leas; Alga), A strip or parcel of land thirty (30) feet wide off or the east aide of the east half of the Northeast quarter (R`A of the tire) of notion sixteen (16), Township Three (3) Worth of Range l sixty eight (614) West of the sixth (Gth) Principal lhridian, containing 1.813 sores, more or lees; . ) ALSO, „, s.4< A strip or portal of land thirty (30) feet wide oft of thee North halr('A) of section . L I4 thirty six, Township Three ge(3) North of Ran sixty eight (GO)'wost of LM sixth (6th) principal i der N TITLE COMMITMENT a 1 0eridfa, eontsining 3.63 sarsa, sort er Les( I:ti, ALFA, ,, - A strip or lent or land thirty (30) foot wide err or LM east sin of CM northeast a` — quarter (e,4 or the W ) or ration thirty six (36) , Township Three (3) North of Range a Q pinty sight (66) lost or the sixth (6th) Printed aridisn, eontalning .9 of an sna, airs x r or lees; ,. W K ) AIM, U A strip or parcel.or land thirty (30) rest wide off eft M Nat side of LM eat halt . : ..,t. a,, �,or the 'outgun % quertar (Phi of Oa a al) of notion shirtf six (36) , Tosnshlp theca (3) North U or Range sixty eight (66)Meat of the sixth (6th) Princip►l lleridisn, containing 1.613 area, . 7.1 Z Umore or La; - `=) ALSO, A strip or parcel et land thirty (30) feet wide err of the north side or the northad quohter or the northast querns (IS or tM I ) or nation sixteen (16) s TewMhip tour (4) north of range sixty eight (66) west of the sixth (6ttp Principal Meridian, eeueaining .9 or an .- son, nen re lea; t;:. . ALSO, - r 1 7;i ::-.> A strip or parcel or land fast wide thirty (30) fa wide eft of the net side or the ant lair of the., t, Northeast quarter (Riot the i14) et stotien sixteen (16), township tar (4) Meth or raryta., • .y._t sixty eight (66) west *fit he sixth (6th) Principal Nwidlen, eehtaihing 1.615 sores, art on lesi(',..'f AL50, �: A strip or petal of Lug thirty ( 0) feet wide off at the South side or the Muth hilt (ei) ,., or notion sins (16), Township Os (I) North of harp sixty sewn (67) rat of the mini (6th)..=S,. Prinoipal Viridian, centaintnt 3.4 senea, sera or La; - :;.'♦ AXIS, • A strip or parcel of land thirty. (30) feat wide oft et the south side of the uutlwn„quarttl., ' (64) of nation sixteen (16), worship no (2) ROeth or rah. sixty sewn (67) Oast of the sixth:. . (5th) Principal Viridian, aontaininsa.al5 re sores,' se or La; AMA, 1 - - A strip or parcel or land thirty (30),tat rids off of the north side or no north lair/WO .:,• or notion sixteen (16), Township That (3) 'girth or Range sixty sewn (Oiliest or the, sixth . (6th) Principal Meridian, containing 3.63 aarea, were or Less; MAO A strip or passel or land thirty (30) feat wide oft of the Mat side 4.01.*4111 last.Fhi r..fi ,, _„•, t or notion sixteen (16), Township Throe a we (3) North of Ramp sixwn (67.)"west of 410 141.0P i (6th) principal Meridian, containing 3.63 sons. Wei er Lai ,i ilc PY Y3;r A strip er paint or load thirty (301 test with eft of the west side of.the wen heltr(O14 . .�. Per' -. .]" n or anion latest (16) , township Poor (4) North ?f.lang! sixjt,rwn (67) westKALM (6th) Principal Narldla, containing 3.63 sores, son or Lai: . ada-x' 'I TITLE COMMITMENT 1 152 i ALSO. . . _ A strip or parcel of lard thirty (30) Net ,ids off of the south wide of tM South half (hi) C ix section sixteen (16) , Township rout (4) north of Range slat sewn ($7) rest of the sixth d (6th) Principal Meridian. oontairinng 1.63 acres, core or loos; W ! ALSO, I A strip or parcel of land thirty (30) net wide oft of the Fast aide of the east half of the --� northeast quarter (Mt or the NF+) of Nation sixteen (16), Township rat (4) North of range I U sixty Devon (67)net of the sixth (6th ) Prinoipal viridian, oontsirAng 1.813 soros, how . or loss; • U' • ALSO A strip or panel of land thirty ($?)) feet wide eft of the north aids of the North halt (14) of Netien.thir y six (36), Township Ptah' (4) North or harp sixty Devon (67) west of the sixth (6th) Principal Meridian, oontaining 3.63 sews, sore or loss; ALSO, A strip or parcel of land thirty (30) test'lido off of the Past side of the Fast half (Ra) of section thirty a1x (36), Township fat (A) Worth of range sixty Devon (67) west of the sixth r (6th) principal Meridian, containing 3.63 soros, hors or less; r. ALSO. A strip or pistol of land thirty (30) feet wide off of the net sidle of the northwest quarter (Rik) of section thirty six (16) township six (6) North of Range sixty seven (67) west' of the sixth (6th) Prinoipal Meridian, containing 1.813 soros, nor* or loss; ALSO, A strip or peril of land thirty (30) lest wide off of the won side of the north sat quarter of the southwest quarter (Slit of the Silt) of Notion thirty six (36) , Township six (6) • North of range 'sixty mein (67) goat of the sixth (6th) Principal Meridian, sorresining .9 of an • aoe, now or lose; ALSO. A strip or ?wool of land thirty (30) tort wide off of the south aide of the north half or the south half (11)f of the 86 ) of section thirty six (36), Township six (6) North of range sixty Neon (67) west of the sixth (6th) Principal Meridia, containing 3.63 aowq more or less; ALSO, A strip or parcel of land thirty (30) fest wide off of the north olds of the south halt of the southhsif (14 of the Bk) of station thirty aix (36), township six (6) North of range sixty sawn (67) west of the sixth (6th) Principal *widish, containing 3.63 sews, row or loss; • ALSO, A strip or pa el or and thirty (30) Wet wide off of the north aide of the northwest • quarter Oink) of notion thirty six (36).:, Township seven (7) North of range sixty Bowen (67) went of the sixth (6th) Principal Meridian, oontaining 1.815 soros, sore or loss; TITLE COMMITMENT ''5 t• i 1 A strip sr Well or Sand thirty (30) fnt wide ott of the Sod sib of the Mrthad 1 quarter (Slit) of nation thirty six (36) lengths, Devon (7) ROM or Sue silty noon (67) ' ' i most or trio sixth (5th) Prinoip•1 Merldian, sentalnlnsl.O15 sores. sore r lea; o ALSO, 2 A strip or panel of lend thirty 1301 dot nib err of Ow north sib of the teen.. +e)t (Mfr) or notion thirty six (36), township Ono (1) North or rang* sixty six (66) Soot or Ohl AiSit( th) ' ^, Principal Meridian, entwining 3.63 tote, trot* sr leer i U Alto, • a A strip or pareol of 1un�chlrtY ( 0) feet wide oft of the south sin of tb 0^^••` . eS 1 V z half (ak) of session thirty 1 136), lanship or* (1) North of rap sixty six (66)all er tb sixth (6th) Prinoipal Mridish, eehtalnirg 3.63 sans, Oro"or loss; eT ALSO, ri A strip Or ,steel of land thirty :(3O) dot wide eft of the South side Of sb South halt(S12) ' '. . et notion sixteen (16), Township too (2) Mirth of rands sixty six (66) meet et tint sixth (6th) . . ?Prihotpsl Meridian, eontoinlrg 3.63 oats, son or loss( ALSO. A strip or pawl of land thirty (30) fond wide oft of tin wont sib of too Mora • )'"'T of notion thirty six (36), Township Tae (2) Month off rap misty six(66)west sixth (6tb) •..: ^ Principal leridisn, oontsining 3.63 sores* sore r loss; ..L Ate, A strip or With of lend tarty (30) foot wide off of the Oast olds of the out bolt (iii of notion thirty six (36) , 'township two (2)?nth h of imp sixty six (66) Wen et the sixth (6,10 Prinelpsi Meridian, eentaihint 3.63 sots, errs or Loo; ALSO, r A strip on ,tool or land thirty (30) feet wide off ..of tte South side of the ssuth halt ('fife of notion thirty six (36), Township the (2) Mirth of Range sixty six (66) soot of the daft:(list).,... Prineip•1*oldish, eontsining 3.63 tree , sore or less) 'rs a ',.` A strip or ,reel of loud thirty (30) dot wide oft of the north side of the north belt,(ilde) or notion sixteen (36) , Township throe (3) 'north of Rap sixty six (66) West et Os sixth_lbth),:,,. Principal Meridian, eontoihln6 3.63 tens , sore colossi - ,,: ii AL00, ,: . - ,'I A strip or parcel or lend thirty (30) Mt wide'on'et the west side of the not ha3Y.(*) r :ci$ notion six then (16), township Three (3) Mirth et range sixty six (66) foe of the sixthllth);•.• `i•'• Principal Mridiaa, staining 3.63 sets, ours or loss; •'::,' • A strip or para.( of land thirty (30) feet wide et the south side et tb south half tM6)a:4 - ot coition sixteen (16) , te.nship three-(3) Myth et rap sixty si:'(66) .coed,of the elxth(6ti Principal norieitn, containing 3.63 cats. sore or lout :e ALSO, - .v?� '.. • • • r- -. .,. ,, N TITLE COMMITMENT • ..!„: A strip or peal of land thirty (3)) relit wide off or the east side or the halt half (hi) IE of section sixteen (16). Township Three (3) North of rend eixt5. si he z (66) nest or t aixth(61h) ,.1 Primates' Meridian, antalning 3.63 acres, morass. less; c /. : ALSO, l 1 A strip or panel or land thirty (30) feet wide err or the North side of the North halt (Ni) a y" of 'action thirty six (36), Township Themes (3) North of Reno sixty six (66) nest or the sixth H, : t (6th) Principal Meridian, 'entailing 3.63 serest sore e: loos; x ;# ALSO, • U a A strip or permit of lend thirty (30) feet wide off of the South side of the South half (Si) 1 U of notion thirty mix (36), tesnshfp.thra (3) North of 7ante sixty six (66) west or the sixth � . Z ` � (6th) Principal Meridian, containing 3.63 sons, sore or less; x • U AL80. 14,1 E^ ( A•strip or parcel of land thirty (3O) feet wide off of the Rut side of the Northeast ( . quarter of the northeast quarter (IRA st the IRE) of motion sixteen (16), township six (6) North or Range eixtp. six (66) nest of the sixth (6th) Printipal Meridian, containing .9 of en sore, more or less; t . . ALS0, — "A strip or petal of land thirty (30) fett wide off of the North side of the North half(*) r. 1 of motion� sixteen (15) , Township six (6) north or Rangs sixty six (66) west or the sixth (6th) 1 Prinoipa idiaa. containing 3.63 serest Mon or loss; r I ALSO, A strip or parcel of land thirty (30) .fend wide Oft oft?*west side of the west half (11) I or nation sfateen (16), Township six (6) North of Range sixty six (66) West of the sixth (6th) Principal Meridian, containing 3.63 sen.s, sae or less; ALSO. A strip or penal of lend thirty (30) fern wide oft of the South side of the South half of the South west quarter (Si of the ""4 I of smitten sixteen (16), Township six (6) North of range sixty six (66) test of t:.e sixth (6th) Principal Meridian, containing 1.615 aoros, sore or loss; ALSO, . A strip or parcel of.Lnd thirty (30) lest wide eft of the North Bide of the Northeast quarter ( PIRA) of Motion sixteen (16), Township seven (7) NOrth of range sixty six (66) west of the sixth (6th) Principal Meridian, containing 1.815 acres, more or less; ALSO, A strip or parcel or land thirty (30) root wide off of the North side of tie Northeast quarter " of the northwest quort,.r (ar} of the NNA ) of anion sixteen (16) . Township seven (7) North of Range sixty six (66) west of the sixth (6th) principal Meridian, montstatge .9 of en sue, More Or less; ALSO, A strip or parcel of land thirty: (30) fret"wide oft of the west side of the west half (toff) of sootiest thirty six (36) , Township eight (1) NOrth of range sixty six (66) west of the sixth (6th) Prinefpol Meridian, mnteinlng 3.63 acres sore or less. x TITLE COMMITMENT • in-•-- --- V ALgo, A strip or parcel *t lane thirty ('JO lest wide off or the South aide of in lath halt (S) oriental thirty six (36) , Township eight (g) North or noon slaty six (66) wn of the eixsh(6ih). o principal urldcres lan. senteintag 5.63 a , sere er loss 4-h- < ALSO, LW A strip or par@D1 or lend thirty (30) tilt wide oft of the east pis of to east half (Sfr) of notion thirty six ( 6). Twnehip eight (a) Sorts et rands sixty sir (66) lon et the sixth .. U (6th) Pelfoipal i*ridlent sosainirg 343 sores, non or least .. a .ALPOU . Z ( Astrip or Vaal or hand thirty (30) foot wide off of the Oath olds of the South ban* E; ! of notion sixteen (16) , To. ihip nine (9) forth of range sixty slit (66) oust Of the sixth (6►h) .:. principal fYridisn, ssntaining 3. 63 sores. nan to loos: . . AL80. A strip or parcel of lard thirty (30) fon wide off of its South side of the SpRhhalf (WO , of notion thirty six (36), ronhip sine Nora(9) Nor of!ergs sixty six (66) teat of the slab (6th) ':. _ E3 • Principal Wriftlan. , attaining 3.63 awes sore or less; ALMO. aa • . . A strip or parcel of sell thirty (30) test wide oft of lbs San side of the la' s halt (S}) pf @Dotson thirty six (36), lawship aim (9) Berth of rep sixty six (66) led of the sixth (6th) Principal Perlddon. eesssasng 3.63 tens. sore or lea! AGOG. • , A strip or parcel of lad thirty (30) buries off was Seth stator the arro hair p(IJ " or action sistnit (36), Township One (1) Worth or rats sixty M» (66) ws or the sisal (6th) Prinoipal*aridia%, cootaiaias 3.63 sorest tore er lea) A strip or pared or laid thirty (30) riot adds ofr or the moos aids or too loos hall (6}) _ J of section sixteen (16). Township Ono (1) Werth or rats sixty flee (66)oust of the *lath (6th) . . Principal Meridian, containing 3.65 aerie, sera or lees; AL80. . A strip or parcel of land thirty (30) ton wide off of the Wirth side of tin north halt(thft) of station thirty six (36). Toanahip one (1) Wirth of rands sixty flee (66) *s of ths sixth (6th). .. ( . Principal Meridian, etatalatng 3.65 taros, ten sr loa) ALSO; • •M A strip or pant of land thirty (30) feat Wide oft of the tenth side or the south halt (sib). .' of station thirty six (36), Alt ► strip or pares' of land any,(60) bet wide throng's:*rely led'` `:'y across and lying slang the north cis of the right at W,ey of the Sirlinton and Ml}aari SillreM ,f. right of way M. 93. as the add Railroad right of way moons said anion 61024 six (56) a11'in ; 111�11e""" . '.91.11.",42:township two (2) North of tango sixty fin (60) net of the sixth (6th) rriaelps tan* • :11,1:`> 1: containing in all 7.2g).ares, lore es is..; y.i c� ALgO, fax;Ili,: (-I TITLE COMMITMENT 156 • A strip or wool of land thirty (30) feet wide off of LM South side of the South half (S¢) or notion sixteen (16) , Township Three (3) North of P.ansi sixty fin (65)ubt of the pistil(6th) Principal Meridian, containing 3.63 sores, more ter Lea; ALSO, r I A strip or parsed of land thirty (30) feet wide off of the South side of the South half (Ni) of notion thirty six (36) , Township throe (3. North of Rang* sixty fire (65) West of the sixth W E— (6th) Prinoipsi Meridian, containing 3.63 sores, mon or lose; U ALSO, • "') A strip or wool or land thirty (30) foot wide orf of tbs. Past side of the Fast half (R)) V of notion thirty six (36), Township throe (3) NOtth of Rang..sixty five (65) west of the sixth (6tW Z Principal Meridian, containing 3.63,soros, non or loos; U • W ALSO, . H A strip or p aril of land thirty '(30) feet wide off of the test aide of the. southwest quarter (SR}) of station sixteen (16), Township four (4) Rdth of range sixty five (65) west or the sixth .(6th) Principal Viridian, oontsining 1. 615 serest more or less; ALSO, , A strip or parni of land thirty (30) in t wide oft of the South side et the Southwest F quarter of the Southwest quarter (S4} of the elf) of notion sixteen (16), township tour (4) North of Range airy fin (65) West of the sixth (6th) Prinoi)w.l Meridian, oontaining.9 of an .sore, more 2 or loss; ALSO, A strip or parcel of lent thirty(30) feet wide oft of the North side of the North halt (Ni) of station thirty six (36), Township Pour (4) North of rinse sixty five (65) west of the sixth (6th) Principal Meridian, *outaining 3.63 soros, more or less; ALSO, A strip or parcel of land thirty (30) feet wide oft of the weft side of the Fat half (Ii) of notion thirty six (36), Township tour (4) NOrth of Range sixty fin (65) Post of the sixth (6th) Principal iieridien, oontalning 3.63 tares, more or loss; A strip or parcel of land thirty (30 ) feet wide off a4the South side of the Southwest quarts. of t e Northwest quarter (SPe of the NNE) of notion sixteen (16), Township fie. (5) NOrth of range sixty five (65) west or the :width (6th) Principal Meridian, eontsining.9 of an more , man or less; ALSO, A strip or panel or land thirty (30) feet wide off of the South side of the Southwest quarter of the Sonnet& quarter (SP4 of the S'&) of notion elation (16) , Tumship six (6) North of range olxty fin (65) west oft he sixth (6th) Principal Meridian, containing.9 of an acre, more or f1 loss; I ALSO, A strip or paint of land thirty (30) not wide off or the North side of the North half (P})of section thirty six (36), Township six (6) North of rary;e sixth five (65) went of the sixth M TITLE COMMITMENT . w :. .<< .; f AMaO, •1 • A strip or psr•oe1 of lsnd thirty (30) test wide off of the Rest side of LM hest halt(R}) - -70 or notion thirty six (36), Township sit (6) Werth of rare oi, V ties (65) lost of the sixth E x_ (6th) Principl Meridian, sontsining 3.63 sons, wore or less;ALSO, '-' A strip sr portal of load thirty (30) net wide oft of the loath aide of tM Bath Half (S&) E— of notion thirty six (36), Township six (6) Werth of nange sixty fire (65) not of the sixth(6th). Mtinolpl liribisnr oontsining 3.$ sores, wore or :ins= �'',;'„'•� AIa0, A strip or Wool of land thirty (30) riot wide oft of the Rest hide of the last hilt-(4). V or section thirty .six (36), Township six (6) Month of Range sixty tin (63) west of the sixth(6O) i E— Prinoipsi riridian, eontsinthg 3.63 sans, were: or less; .' ALg0, A strip or panel or land thirty (30) riot wide off of thh peuth aide or the Merth.halt (MR).. .n . or notion thirty six (36), Township six (6) MOrth of rams sixty ' tin (65) wen or the sixth (6thi ' Principal Meridian, want fining 3.63 sena, nen er Ins) ALSO, z A strip or parcel of land thirty (30) riot wide oft of the Meth side of-th► /arih:lalt;( 1). ;7 ≤, of section thirty six (36), Township six (6) Worth of Range slit tin (6S)wed of ab sixth (6th) . Principal Meridian , emWlnint.3.63 tans. or less) A,strip or pares; of land thirty (30) ton wide eft et the lath side et the Seth Sit.(S):.., �a or station thirty six (36), Township sewn (7) Myth of bap sixty tin (65)west et the sixth (6th) Principal Meridian, containing 3.63 ants, wore or less; •i A strip or parcel Or land thirty (30) feet wide oft of the Rest side of the R sA.hslt (P4): of notion.eixteon (16). Township eight (a) North of Range sixty tin (65)lost of the-oink (6th) `. Principal Meridian, oo taining 3.63 sores, were or loss; • ALSO, A strip or porn' of land thirty (30) feet wide off of tM lain side of this lath shalt (Sh) of notion thirty six (36), Township eight, (8) ata of range sixty tin (65) west of the sixth.:'.. ,. (6th) Principal Meridian, oonsining 3.63 serea.-wore or less; .r II.80, A strip or parcel or land thirty (30) feet wide off of the Swath side et the Barth halt ; ,.)°,.• ,•• of notion thirty elm (36), Township Two (2) Perth of Range sixth few (64)wst.of the..iixth(6te) Principal Meridian, *enduing 3.63 sexes, more on less: Atso, rrJj. i. A strip or parcel of land thirty (30) fen odds eft of thoi, not side or lam west halt.,(!}) '`': or notion thirty six (36), Township three (3) North or range silty tow (64) wen et the sixth ari,Mnal Meddien. eentslnirot 1.63 awes. more or less: TITLE COMMITMENT 158 '^ i ALOO, A strip or pares' of land thirty (30) Test wide off of Lb* goat side or the West half (w6) or notion thirty six (36). Township four (4) NUrta of Range sixty four (64) west or the sixth(6th) Principal Meridian. eontaining 3.63 acres, sore or less; ALSO, w t A strip or parcel of land thirty (30) feet wide off of the North side of the North baif(Ni�) of section thirty six (36), Township pin (5) NOrth of Rate sixty four (64) west of the sixth(6th) principal IIMidien,.containing 3.63 acres, sore or less; 2 ( ALSO,z. A strip or parcel of land thirty (30) rest wide off of the South side of the South half (d1) U of section thirty six (36), Township Pin (5) NOrth of Range sixty four (64) west of the sixth (6t'n) . Principal Meridian. containing 3.53 serss.eue or less; ALSO, A strip or parcel of land thirty (30) feet wide off or the Faat aide of the Nast ha1t(Il!;) of Diction thirty six (36), Townehipfin (5) NOrth of Range slaty four (64) west of the sixth (6th) Principal Meridian, containing 3.63 sores, mare or leas; • ALSO. A strip or Attest or land thirty (30) root wide off of the South aids of the South half (S})of section sixteen (16). Township six (6) NOrth of range sixty four (64) oast of the sixth (6th) Principal Meridian, containing 3.63 acres, nor. or lass) Said above described land containing a total area of 264.01 acres, sort or less, and being according to the ninny and plats thereof on filo in the officio or the State Board of Lend Commiss— ioners. IT IS ritPREDISLY UNDERSTOOD AND ATM try and between the parties hereto, that all rights to any coal :r other mineral of at character underlying the atom described land are reserved to . the Stain of Wlorado. IT ID mrstrR EIPREUStY UNDERSTOOD MID AWtWRD, by and between the parties hereto, that the tract er parcel of land herein conveyed and granted, is to be used by the party of the seootd part for the construction and .wlntenanee of gountp Roads and Highways for the use and benefit of the residents and oitisens of said County and State, and the ir»ral public; and in the event that the use of said public roads and highways shall for any reason at cry time hereafter be disoontitied and abandoned, as such , then, and in that event , this grant shall be and become imperative and veld and into .and Serety conveyed shall revert to and beeo.ae the property of the State of Colorado ab,c'*sly. AND said second party further agrees to eonatruot and maintain upon am.. adjacent to said right of way, with fenceso dross Its, wilverts and wi.bweys as shall or say be necessary to the • proper us and enjoyment of lands adjacent end adjoining. . TO NOD AND TO HOLD the said Right of way unto the said party of the second part and its successors in *trios, for the uses and purposes, and upon the tern and conditions aforesaid only . �i TITLE COMMITMENT .{e s .r ...,-. .:..-. ..,:......t,4 . •. :H IN Wf W.M Rl040AP, I Paw hewing, set ' hand and eeAaedtthe seal of LS Blatt hard ,� of Land Commissioners to be attashed the day and yiw am written. - . � o q. Tl Meet OP 00IARADO• •� y L By Sohn P. Shofroth, governor. )i 2 I ~ Amos B. Pewee, —x7 t✓, seontwy of State. F . l• AiTRSPS Jahn P. Vivian. �.... :y' f- Recistor or the State 'acrd or lard Cousinlenera. V Z/2✓09. . ul OK as to torn and proemidme C. L. Diokeraon, Atty for Btato R.L. Coke. °KAMO.. Muea �No.l3R9d6. Pilyd rot weerd at 2-45,P. Y. *rah 17th, 1909, A. J. lather, Reeordtr. - _ .Yaw l xxlm utexi mocim srrrr,nrmt `• C _ . ik rY j r. • ,.. f .'kt. Q AFFIDAVITS • .?`ru SWATS OP COIADADO )es .S County or weld ) AP/IDAVA't .bf+; 4' • er FtAROIs C. dyable, or Sartsl age, who Wang first duly and legally worn, on oath dolt .,; depose and say; That arfient ie infused that it appears or rioted In the Wits et ...o Cana _ JP- .: " Clark and R corder or Vold Couny, Colorado, in t.4 145, at paga 324 thereat. et the ratttds- 'p:,( In amid emmlea, that atrlaot, ?rands 0.•drable and ta:.herins R. 9rebla s his wife , did with* '... 11th day of Weisner , A. D. 1895, new , unease and deliver to the The Notional Imaaasnri'_, Company, a eorporation organised under the laws of the SNse or Rae Writ'', a sertain'watranq des 1, oonreying to the said The National Inwatnont Company( with other lands) the most kalr(V&). . of notion fire (5) In township seven (7) VOrth* of range sixty fire (63) went et the sixth '.ir Prinoipai Meridian, In said Veld Cady. Colorado; that .Miami further says that at that tins. :.•. neither ha nor his sef wits had title to aald land; that she asariplisn or the sold broprrb.' mentioned In said osnnhtnse * his sneNts wits , was inserted by sista*when ee►assyine:ethit;r rrr~'�'". +nTF.•r; Land and lea eleril error. oa and further atrium saxth not. Santa 0. table. 2*ira'7rt• Subscribed and worn to borore no and in ad trasena on this the 16th day of goi inter.,As.14` / I ' commission expires Jerson 23, 1910. Racy Candlin. RDN ~�� gy ,( r Y . NO.139003. riled for sword at 4-15 o'eloek P. R. Swab 17,1909. A. J. 1'atber,.Rotor' ,!•i- M TITLE COMMITMENT I i . 1062 I,REC 02003222 03/26/85 10101 $21.00 )4D07le 964 NARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, Co i I AR2003222 RIODY OF WAY WO . 2100, look 2i ;: t 1. 1. THIS INDENTURE, Made this 30th day of October,'1974, between 2. the ST TE OF COLORADO, acting by and through the STATE BOARD OP LAND OWS- 0 — 3. MISSIO , warty of the first part, and ST. VRAIN VALLEY SCHOOL DISTRICT, `t 4. 395 S. Pratt Parkway, Longmont, Colorado'80501, party of the second part: I y i WITNESSETH 1. 1 2. WHEREAS, Party of the.second part has made application to the U I . .. 2. said Board o{ Land Commissioners for a right-of-way over, upon, under and U 7 3. acrosssjthe striate of certain portions of school lands as hereinafter des- T 4. tribedlfor t purpose of constructing, reconstructing, operating and main- p.1r- 5. tainin4 an i rigation water pipeline, and 1. 3. , Said State Board of Land Commissioners has, in manner 2. and foul as irovided by statute, granted such right-of-way for the purpose .- 3. afores$id an4 none other, upon the terms and conditions set forth herein, 4. and hoe dulylauthorised the proper officers of said State to execute this 5. indenture: 5. 1. 4. , THEREFORE, THESE PRESENTS WITNESSETH, That the said party 2. of the firstlpart, in consideration of the premises, and in the further con- 3. sideration of the sum of Twenty-five and No/100 Dollars ($25.00), lawful 4. money theUnited States, by second party to first party in hand paid, 5. the reeipt whereof is hereby confessed and acknowledged, has granted and 6. by the II presents does grant unto the party of the second part, its suttee- . 7., sots and ass a right-of-way for the purpose of constructing, reconstruct- 1 8. ins, opera g and maintaining an irrigation water pipeline over, upon, under • 9. and atrium di surface of those certain portions of school lands, described 10. as follbwes ' . I A tight-of-way twenty (20) fast vide in the North- et one-quarter of the Northeast One-quarter (NW 1/4 NE 1/4) of Section Sixteen (16), Township ree (3) North, Range Sixty-eight (68) Vest of the Sixth (6th) Principal Meridian, in Weld Canty, tate of Colorado; IBeing ten (10) feet on each side of the following described center lines Beginning at a point on the south boundary of the t. Frain Valley School District No. RE-1.1 Right-of- Nay No. 1881-18 for public and school buildings aid t TITLE COMMITMENT • t 1.• I T . ! r 07 • I9 S RECMAR 02003222 ANN FRi3ER3TEIN,CLERK85 0i0RECORDER-oKSLD CO,OCO and appurtenances, which point bears South o_ 67° 16' West a distance of 1,828,30 feet from the northeast corner of said Sec. 16, said point also being located North 89° 591 39" East a distance of 443 feet from the southwest corner of said School District cu Right-of-Way No. 1881-18. U I Thence South 09° 171 20" East a distance d - of 262.11 feet to a point; Thence South 05° 031' 20" East a distance U • of 127.38 feet to a point; Z.. r Thence South 86° 591 40" West a distance of 40.50 feet to a point immediately north .W'.;i; ! of the Grant Ditch Right-of-Way No, 1299, • i Said right-of-way containing 0,20 acre, • more or less. G. :7- • • • • • • • • i r • f i � {f TITLE COMMITMENT liI R a 1012 REC 02003222 03/26/85 10:01 $21.00 3/007 _ RI 19 6 MARY ANN FEUERSTEIN CLERK i RECORDER HELD Co,, CO I , • 1. 5. This grant is made with the understanding that the party of the 2. second 1par� must construct the facility or facilities described above within O 3. two ye re Jrom date hereof, failing in which this grant shall be subject to xa 4. cancelliati¢n at the option of the party of the first part. If the party of Q 5. the fitlst fart agrees to extend this construction period, it is understood W II{ E- 6. by theIpardies hereto that the party of the first part may fix additional cG U - 7. considjrat ons based on a reappraisal of said right-of-way at the time of a I 4' U 8. complettion of construction of said facilities. z 1. 6. All rights to any and all minerals, ores and metals of any kind x c.) 2. and charatter, and all coal, asphaltum, oil, gas, geothermal resources, or 3. other sbbstances in or under said land are hereby reserved to the State of 4. Coloradia. tin the event the party of the first part should at any time de- 5. sire to!ocqupy or use or permit the occupancy or use of the lands which are a 6. subject)to,the right-of-way herein granted or any portions thereof for any ' _ 7. purposelwigh which the aforesaid facilities would interfere, including the I 8. mining, !reroving, or recovering of all minerals, ores and metals of every I _I9. kind and character and all coal, asphaltum; geothermal steam and other sub- I , 10. stances, ie or under said land, then the party of the first part may re- • 11. quire ale arty of the second part to relocate, raise, lower, disconnect or - 12. otherwit djust the facilities described above at any location or locations - 13. where sand facilities pass over and across State lands after first, in each :.__ ff :n . I-,. 14. case, reb ing cot less than 90 days' prior written notice from the first 15. party. n such event the party of the second part shall be furnished a 16. similar 1.1. ht-of over and across State lands, when available and suit- • 17. able, £r�e of charge, as a satisfactory right-of-way to relocate, raise, ' 18. lover, d).scLnnect or otherwise adjust said facilities. In any event not 19. more than one-half of the expense of said relocation, movement, or rebuild- " 20. ing shalt be paid by the party, of the second part. 1. T. I This grant of right-of-way is made subject to any and all ease- 2, rents awl flights-of-way heretofore legally granted and now in full force 3. and effe1tl if any there be. I I - 3 - I _ ..- - - — TITLE COMMITMENT B 10 ABC 02003222 03/26/8$ 10s01 $21.00 ' {/007 , F 19I 1 MARY ANN FEUERSTEIN CLERK a RECORDER NEW C0r CO. 0 1. . The party of the first part reserves the right to cultivate, use 2. and occuey said premises for any purpose consistent with the right and 1 3. privilea¢ stein granted and which will not interfere with or iadaoger any,. 4. of the fit lities of the party of the second part, or use thereof. Such o 5. reservato . shall in no event include the right to construct any buildings II Q 6. or struceules, to impound any water, or to plant trees or shrubs upon the ul7. right-of4vty herein granted. c4 1. 4. . The party of the first part shall have the right at any and all U - 2. times duf.tjs the continuance of this right-of-way to sell or otherwise die- ' a II V. 3. pose of Bald land and to use the same for all purposes, except as necessar- z I 'i T 4. ily 1ia11ed by the facility or facilities described above. u I w Lu 1. 10. This right-of-way is made for the sole and only purpose as here- 2. in set fir h and no other and it shall not be deemed to give the party of 3. the sec o4 part exclusive possession of any part of the land above described; 4. and in tit event that the party of the second part, or its successors or u- 5. signs she at any time use or attempt to use the same for any other purpose 6. whatsoev then and in that case this right-of-way shall become void and of 7. no affect, and any and all such rights and privileges herein granted shall %; 8. revert toi he party of the first part or its successors in interest. .�. 1. lk. The party of the second part shall have the right to trim trees - 2. and shrubos ry upon this right-of-way only if such trees or shrubbery should .. 3. materiallylinterfere with or endanger the proper operation and maintenance ' 4. of said fkyilities. • 1 I. 12'. ! This right-of-way does not grant permission, express or implied, _ . i 2. to the party of the second part, for water exploration, drilling, or es- . 3. tablishing hater wells, without written authorisation of the party of the 6. first part.' If the party of,the second part shall establish any water right 5. on State la{ad, for any use on or off State land, such right shall be, and 111 6. remain, t e property of the party of the first part. ' 1, The party of the second part Shall not sublet, in whole or in 2. part, th r1°.ght-of-way herein granted, and shall not assign this agreement 3. without t'e written consent of the First party, and it is agreed that any 4. transfer r assignment, or attempted transfer or assignment of this agreement, - 4 I _ TITLE COMMITMENT _ ill A062 NEC 02003222 03/26/85 10:01 521.00 5/007 j968 MARY ANN VEUERSTEIN CLERK i RECORDER WELD CO. CO 4 5. or any o .be rights hereby granted, without such consent in.writing, shall 6. be absol,,t ly void, and, at the option of the first party, shall tereleatoie, I 71234561 this agree4ent. c 1. 14; The party of the second part shall not fence or otherwise ob- Q 2. struct £r. and open access to and travel upon, over and across said land, K W 3. without br tten authorisation of the party of the first pert. F 1 party o£ the second part shall haws each rights of ingress U 2 and ogre's as nay be necessary for the construction, reconstruction, opera- U 3 tie, ma}}ngenance sad removal of maid facilities, but shall not lesw open, T, 4 or perms tlo be left open, any fences, bars or gates. All each Ewees, bare V W 5. •on gates;w lch may be damaged or disturbed 1a any way shall be fully ro- c-, ' 6. stored bl he second party. 1. 1t. I In the event that the facility or facilities for which this uc 2. sight-of Se granted are to be enlargoei, replaced, relocated, or added . E 3. to in th� name, the party of the second part shall adotse the party of i 4. the first rt of such change and furnish surveys, plats sad description of c 5. the change to the party mf the first part. An additional consideration, '<. 6. eome:ensuta with the damage to the value of the State lead, say be required, - 7. as detetedaad by the first party. - , 1. 17j. I The rigbt-of-way herein granted shall continua for es long as p. 2. the bacilli ies described above are in place and maintained by the second 3. party, ptb ed that should said facilities be abandoned or discontinued 4. for a per of twelve (12) consecutive months, this right-of-way and all 5. rights of re second party hereunder shall automatically and without notice 6. terminate)){s� the end of such twelve (12) month period. . • 1. 181. jibe party of the.second part may remove said facilities when- 2. ever it el desire and forthwith, upon such removal, the right-of-way herein 3. granted apdd all rights of the second party under this right-of-way shall 4. terminates excepting that temporary removal of said facility during Teton- 5. structiontsoall not terminate this right-of-way. 1. 19) (In case this right-of-way is terminated for any cause whetso- 2. ever, thelp rty of the second part shall restore the lands occupied by said 3. right-of as nearly as possible to their condition prior to the construction I - s - J TITLE COMMITMENT II. • BIl 62 REC 02003222 03/26/85 10101 $21.00 6/007 , FI1 69 MARY ANN FEVERSTESN CLERK i RECORDER WELD CO, CO 4. of the f1c lity or facilities, if requested to do so in writing by the 5. party of It e first part. a 1. 2C. The petty of the second part agrees to assume all liability rt 2. arising dram the exercise of the right-of-way herein granted; including x 3. but not Y,inited to, the risk of e11 injuries, including death resulting F, ' 4. theref I,jto persons, and damage to and destruction of property, Juelud- 5. ing loss use thereof, resulting directly or indirectly, wholly or in a < 6. part, from _, the prosecution or omission of any work or obligation undertaken Z 7. or requirlA by this Agreement, and to indemnify and save harmless the first ' v W 8. party froe'and against any and all liability arising therefrom. 1. 21F The party of the second part will pay to the party of the first 2. part the1 amount necessary to compensate the first party for damages to 3. its propejc4!'y, rights, franchises or privileges, including legal liabilities 4. and dmeagpal to crops of lessees, resulting from sets or emissions of the dental 5. second pa,t , its agents or employees, or from the exercise of the right- -I4. 6. of-way he4efn granted sod the use of the lands of the first party. '.�' , I 1. 22S [Any notice which may be given by the party of the first part to 2. the partylot the second part may be nailed registered mail to: .. .. I ;,.. .. C 3. I I . :.:: •`.:_."_.rr - -'`>7cr;:E 4. or such o hit address as second party shall furnish to the first party in ; 5. writing din advance of giving such notice, and the second party agrees ni. . 6. to adviset first party of any change in said address at any time in the 7.. period this right-of-way is in effect. . -:`..h i 1. 23i CH WITNESS WHEREOF, The party of the first part has'Caused ,r[ .. 2. these pre elts to be executed in its name and in its behalf by the State II 3. Board of Lanw1 Commissioners and has caused the meal of the State Board of J. 4. Land Commiesjoners to be hereunto affixed; and the party of the second part 5. has hereut,to caused these presents to be signed by its 6 ! and 1 . - 6 - TITLE COMMITMENT B 10 2 02003222 03/26/85 10:01 $21.00 7/007 O F 19 0 n AEE FEOERBnm CLERK S RECORDER WELD CO, CO d7. and ice d r rate seal affixed hereto, the,day and year first above W 8. written. I F` STATE OF COLORADO U I• ' BOARD OF LARD OOIORSSICSERS a U_ 7 4.51/44709.X.‘4‘..., ` . . ..,, a t; olzialt 'fr., Regietat •/ G S ill • • =.. mg •aasr • C C 514. Wad, VJ Le Rotlr.S.iamJ —QE- rr • . • Attest 7r^t H II I • I TITLE COMMITMENT ..N,..N....v.1N-..„„_ ..1... vi.max yr 1M 4.4.11 teas, T Nay 00.1007 O Pals•09.10•1.100 .su mow..... �r o n..M.•ti. 11 4.1.1a,INs.ti 1'..,,.1 'M OS 4 M I 4 C 1'9.Npl]1C JO 114 NygN 1W NI 011,301 .,� ''''''''.1".."........" oOeoo,o0 do 31015 31.1. ec sc,e, 'x111 111111111`110A ,..s ..NN 4,. —---;--�, 0-•••••,••••••,•• '- " .+ka".ans ani'V' A0:x Ai11f1o■Do1i N.M I .V 9R•w.ee•1,NMN,1 r- in o ill r 1.14 r "� Al WNd County Reed .7 asi Iwilt J= is r.11 cam s.00mllt.11n1e• 7h !1I ew'.. 1 j 1.1."4";::::::- . '.3.�-.'.,.-ice' 19• Ow 1/1 .....—� , 1l ��1aq-^.. = 1 Dli 4! '4 vn 41111 ri•;;;::-;'-' I i • R. ..1M <•.rq� �� '�' 11111111 1 'It t 7 ll I i t Id Z 4111 lif ll.II 1.= fit'Ito Ii is - ��\ r 5 111 a i g L, I �I ,]i RIp ... )4 J -' j1I 141 ) ii l!ill lI 11 VAS .I 1" +• +� 11 �^II All t • f Si i LIEi1 II gIi ti , smleaNS.CII! sm..Vfc MOC• 11 €if l .did { 1. AIR a. M� i If�' a iEl; NOVC11d.. !II 1� p:I 1A IA 11P11 1ji1tI ', i<}ri 1. l'Idi jdi I i j=14Il `1. I !Ii 4i Alei if ilia1.; 14t ' =+{ll1 .1 a • �, �' '1I1III 111 '11111 fi• �i17 tii1f101!il , ,.,;ii fit! r II , ,, Ii1=:i , ti1 ..iii di1 AI�a11 i!$61� 1Yill i 1 ii 1 Is ill 1 It 18:i Q s 51 II Jr 1 Eh I ZF 11{ l' if l �11\� 1 1 ` api i VII u ,� z- ... .. 1 1 YtC �Crq}} } fl -I ! I t al.3 t ll ?= 4 15--" i `li R .N1 Rr1 4i ,t 1 1k be. 1 a tat p 11!�1g1!ar,g,1}:11�_a ti Q V _ ^ewm f 1 ��1 Of I II klli g4rA �,��`; 1r1nNc..o.4 1aaFa 3b1a-5 }3 WI Ji L..-- _ }11, !-aaaoscta'sccsE 1..19 Weld County Rood .6 Norq'10..*1.17 ii'= 41,4 I A=II. c)1)1, TITLE COMMITMENT ,a0 Mill IIIII 3267740 03/11/2005 12.55P Weld County, CO 1 of 5 R 26.00 D 90.27 Steve Moreno Clerk&Recorder O w Stet,Documentary Fee Data $ go7��". PATENT 8356 _da of AAaucA— , 2005, by the STATE OF This patent is made this Y COLORADO, acting by and through the STATE BOARD OF LAND COMMISSIONERS ("Board"), whose address is 1313 Sherman Street, Room 621, Denver, Colorado, 80203- 2283, to WELD DEVELOPMENT COMPANY,LLC ("Weld"),whose address is P.O. Box 69,Wolcott,Colorado 81655; WHEREAS, pursuant to Article IX, §§ 9 & 10 of the Colorado Constitution and applicable statutes,the Board has a duty to provide for the prudent management,location, protection,sale,exchange or other disposition of school trust land; and WHEREAS, pursuant to a Property Improvement and Disposition Agreement signed by the Board and dated July 18, 1996(Agreement),the Board and Weld agreed to; and WHEREAS, the real property to be conveyed to the Board to pursuant b onus ed b Y the the Agreement will be of equal or greater value to the real property Y Board,pursuant to the terms of the Agreement; and WHEREAS,the Board of Land Commissioners has determined that this conveyance is in the best interest of the School Trust it administers; NOW THEREFORE, in consideration of the real property being conveyed to the Board and other consideration described eement,the STATE COMMISSIONERS hereby grants,convr deeds and relinquishes to WELD BOARD OF LAND Patent 8356 , , Page 1 of 5 I t�The 5/77/ N TITLE COMMITMENT I1111111111111111Illiill lii Illitil IIIIIIII IIIIIIIIIIIII 3267740 03/11/2005 12:55P Weld County, CO 2 of 5 R 26.00 0 90.27 Steve Moreno Clerk&Recorder DEVELOPMENT COMPANY,LLC,its successors and assigns forever,the following described School lands in Weld County,State of Colorado,("State Property")to wit: 0 SCHOOL FUND LANDS TOWNSHIP 3 NORTH(T3N),RANGE 68 WEST(R6SW), OF THE SIXTH PRINCIPAL MERIDIAN (6TH PM) cC Section 16(Sec. 16): (Lands within the N2) A parcel of land located in the North Half of Section 16,Township 3 North,Range 68 West of the Sixth Principal Meridian,County of Weld,State of Colorado,more y particularly described as follows: Beginning at the West Quarter Corner of said Section 16 and considering the South line of said North Half of Section 16 to bear South 89°22'37"West; Thence North 01°12'10"West along the West line of the Northwest Quarter of said Section 16,a distance of 1991.97 feet to the Southwest corner of that certain tract of land described in deed recorded in Book 1440 under Reception no.2387415; Thence North 88°57'15"East,a distance of 337.80 feet to the Southeast corner of said tract; Thence North 01°12'10" West along the East line of said tract,a distance of 144.78 feet; Thence North 89°03'53"East,a distance of 2802.92 feet to a point on the West line of that certain school right-of-way described in deed recorded in Book 1062 under Reception no.2003223; Thence South 00°16'05"East,a distance of 199.12 feet to the Southwest corner of said school right-of-way; Thence South 00°14'48" East,a distance of 390.00 feet to the Southwest corner of the school parcel shown on survey recorded in Book 1290 under Reception 2241203; Thence North 89°40'40" East,a distance of 544.02 feet to the Southeast corner of said parcel; Patent 8356 Page 2 of 5 re, ^f TITLE COMMITMENT I0111111111111111111111111111111111111111111111 1111 32677403 of 5 l 26.00 D 90.27 Steve Moreno Clerk 8 Recorder Thence North 00°14'48"West,a distance of 389.34 feet to the South line of said school right-of-way; Thence North 89°44'51"East,a distance of 938.25 feet to the West line of that certain railroad right-of-way described in deed recorded in Book 228 at Page 96; y Thence South 20°47'47"West along said West line,a distance of 2090.06 feet; U Thence South 89°22'37"West along the South line of the Northeast Quarter of said section 16,a distance of 1231.02 feet; U Thence South 89°22'37"West along the South line of the Northwest Quarter of said Section 16,a distance of 2605.76 feet to the Point of Beginning, U w F Containing 8,601,299 square feet,or 197.4587 acres,more or less. RESERVING,however,to the State of Colorado,all rights to any and all minerals, ore and metals of any kind and character,and all coal,asphaltum,oil,gas or other like substance in or under said land and geothermal resources,the right of ingress and egress for the purpose of mining,together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances. 7- AND SUBJECT TO any and all covenants,restrictions,easements and rights-of-way, whether or not of record. TO HAVE AND TO HOLD,the hereinabove described State Property together with all and singular rights and appurtenances and privileges thereto to WELD DEVELOPMENT COMPANY,LLC,its successors and assigns forever. Patent 8356 Page 3 of 5 TITLE COMMITMENT \IIIIII %\1I IIII%IIIIII\1'I II'I�IIII'%I IIII'III II'II�'Ier 3267740 036.00 5 4 of 5 R 26.00 D 90.27 Sleve Morena Clerk 8 R IN WITNESS WHEREOF,I,BILL OWENS,Governor of the STATE of COLORADO have caused this patent to be executed by its duly authorized officers and its seal hereunto affixed this gµ day of f\hr.r eV. >2005. ,a STATE OF COLORADO d , /� OKRAS . Governor (STATE SEAL) 1 ATTEST: g_o c ou/ Secretary of State Patent 8356 Page 4 of 5 Lr TITLE COMMITMENT IIIIII BIN VIII Milli III IIIIIIIVIIIIII VIII!fU5r 03/1.2095 12:fi5P Wald County, Ck 531,774:R 26.00 D 90.27 Steue Moreno Clerk 6 (LAND BOARD SEAL) STATE OF COLORADO ACTING BY AND THROUGH THE STATE BOARD OF LAND COMMISSIONERS F Denni Brink Presi' i t a elatetr- Britt I.Weygandt,Dir c or State of Colorado ) o City and )ss. County of Denver ) Patent 8356 was acknowledged before me this day of ,2005,by Dennis Brinker, as President, and Britt 1. Weygandt, as Director, of the LORADO STATE BOARD OF LAND COMMISSIONERS. WITNESS my hand and official seal %cre et:46 t Notary Public My Commission Expires: 1`)—61 aVIIIIS Patent 8356 Page 5 of 5 -f TITLE COMMITMENT 111111111111111111 IIII 11111111111111111 III HIE Illl till 3744603 01/12/2011 11:33A Weld County, CO G 1 of 6 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 603 e" `�"►r'� o CC ' Ir W -t /hit' PATENT NO. 8464 This patent is made this of /day of ND✓et'Yr ,2010,by the STATE OF COLORADO, acting by and through the STATE BOARD OF LAND COMMISSIONERS ("Board"), whose address is 1127 Sherman Street, Suite 300, Denver, Colorado, 80203-2283,to WELD DEVELOPMENT COMPANY, LLC, a Colorado limited liability company ("Grantee"), whose address is 8000 South Chester Street, Smite 240, Centennial,CO 80112; WHEREAS, pursuant to Article IX, §§ 9 & 10 of the Colorado Constitution and applicable statutes,the Board has a duty to provide for the prudent management,location, protection,sale,exchange or other disposition of school trust lands; and WHEREAS, pursuant to Board Order No.2010-058 dated August 6,2010,the Board gave approval for the exchange provided for in an Agreement to Exchange Real Property (the "Agreement")dated November 2,2010,between the Board and Grantee; and WHEREAS, the Board has determined that it is in the best interests of the trust it administers to exchange the State Property described herein for certain Replacement Property to be identified later by the Board. NOW THEREFORE, in consideration of the Replacement Property and other consideration described in the Agreement, the sufficiency of which is hereby acknowledged by the parties, the STATE OF COLORADO, acting by and through the STATE BOARD OF LAND COMMISSIONERS, hereby grants,conveys,deeds and relinquishes to Grantee, its successors and assigns forever, the following described land in Weld County, State of Colorado,to wit: 425 099/Aa yi;.i.i� 111f. Patent 8464 Page 1 of 6 TITLE COMMITMENT 1//1011111 If III It 111111111111 lilt III 11111 Ili/ R 3744603 01/12/2011 11:33A Weld County, CO 2 of 6 R 36.00 D 0.00 Steve Moreno Clerk& Recorder STATE PROPERTY WELD COUNTY School Trust La TOWNSHIP THREE. NORTH (T3N), RANGE SIXTY-EIGHT WEST(RGSW) OF THE SIXTH PRINCIPAL MERIDIAN (6'" P.M.) Section Sixteen (Sec. 16) Part of N2 37.248 acres, +1- ¢ s U THAT CERTAIN PORTION OF THE NORTH HALF OF SECTION 16, TOWNSHIP 3 NORTH. RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE. COUNTY OF WELD. v STATE OF COLORADO,MORE PARTICULARLY DESCRIBED:\S FOLLOWS: F- COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE ALONG THE NORTHERLY LINE OF THE NORTI(WEST QUARTER OF SAID SECTION 16, NORTH 88"38'25" EAST, 337.80 FEET TO THE NORTHEASTERLY ., CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 5. 1994 AT RECEPTION NO. 02387415. IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 88'38'25" FAST, 2281.71 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 16: THENCE ALONG THE NORTHERLY LINE OF THE NOR'I'I IEAST QUARTER OF SAID SECTION 16,NORTH 89`13'47" LAST. 529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCI 13. 1985 AT RECEPTION NO. 02003223, IN SAID OFFICE OF TI IF CLERK AND RECORDER:. THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCI 13, 1985 AT RECEPTION NO. 02003223, SOUTI I 00°34'I I" EAST, 499.83 FEET TO THE NORTHERLY LINE OF'HIE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 11, 2005 AT RECEPTION NO. 32()774(1, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 88°44'50" WEST, 2807.32 FEET'1O THE EASTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 9, 1994 AT RECEPTION NO. 02387415; THENCE ALONG SAID EASTER I Y LINE, NORTH 01 00'00" WEST, 500.01) FEET TO THE POINT OF BEGINNING; CONTAINS 1,410,510 SQ. FT. OR 32.381 ACRES, MORE OR LESS. Patent 8464 Page 2 of 6 GO TITLE COMMITMENT 374460 01112/2011 11:33A County ER i l l 11111 1111 11111 11111 11111 11,311:R1 I I I 11111 3 of 6 R 36.00 D 0.00 Steve Moreno Clerk ti Recorder AND 0 THAT CERTAIN PORTION OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH,RANGE 68 WEST,6TH PRINCIPAL MERIDIAN, IN THE COUNTY w OF WELD, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: v COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE ALONG THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16,NORTH 88°38'25" EAST, 2619.51 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE ALONG THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16,NORTH 89°13'47" EAST,529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 02003223,IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 02003223,SOUTH 00'34'1 I" EAST,699.89 FEET TO THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 02003223 AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE,NORTH 89°25'27" EAST, 544.02 FEET; THENCE DEPARTING SAID SOUTHERLY LINE,SOUTH 00°34'l 1" EAST, 389.34 FEET; THENCE SOUTH 89°21'17" WEST, 544.02 FEET TO A LINE THAT BEARS SOUTH 00°34'1 I" EAST AND PASSES THROUGH THE POINT OF BEGINNING; THENCE NORTH 00°34'11" WEST, 390.00 FEET TO THE POINT OF BEGINNING. CONTAINS 211,988 SQ. FT. OR 4.867 ACRES,MORE.OR LESS. Containing a total of Thirty-Seven and Two Hundred Forty-Eight Hundredths(37.248) acres, more or less, according to ALTA/ACSM Title Survey dated June 28,2010,prepared by Robed D. Snodgrass,PLS 36580. RESERIING, however, to the State of Colorado, title and all rights to any and all minerals, ores, and metals of any kind and character, and all coal, asphaltum, oil, gas, or other like substances, pore space, and all geothermal resources, in, on or under the State Patent 8464 Page 3 of 6 c TITLE COMMITMENT 1111110111111111 IIII 111111111010111 III 01111111 III! 3744603 01/12/2011 11:33A Weld County, CO 4 of 6 R 36.00 D 0.00 Steve Moreno Clerk& Recorder Property and rights of ingress and egress in, on, under,over, across and through the State Property for the purposes of exploration, production, mining, extraction, removal of or access to such substances and resources, together with enough of the surface as may be necessary for the proper and convenient working of such substances and resources. AND m ' a RESERVING,all water,water rights,springs,wells,well rights,ditches,ditch rights reservoirs,reservoir rights,ponds,corporate stock relating to the use of water or ditches, and groundwater rights including,but not limited to,all not non-tributary and non-tributary groundwater underlying the State Property and rights of ingress and egress for the purpose of exploring for,developing,using,and removing the same together with enough of the surface v as maybe necessary for the proper and convenient development and withdrawal of such resources. Grantee,its heirs,successors and assigns hereby provide written consent for the Board's exploration of,development and removal of the same. AND Grantee, its heirs, successors and assigns shall provide actual and posted notice of non-liability pursuant to C.R.S. § 38-22-105 notifying all persons who might claim a mechanic's lien relating to any work on, materials provided for or improvements to the State Property initiated by or conducted for the benefit of Grantee, its heirs, successors, and assigns that the Board's interests are not subject to such liens. Grantee, its heirs, successors and assigns shall indemnify, defend, and hold the Board harmless against any claims for mechanic's liens relating to any work on, materials provided for or improvements to the State Property initiated by or conducted for the benefit of Grantee, its heirs, successors and assigns. This obligation shall run with the land and survive the Closing. AND SUBJECT TO any and all covenants,restrictions,easements and rights-of-way, whether or not of record. TO HAVE AND TO HOLD,the hereinabove described State Property together with all and singular rights and appurtenances and privileges thereto to Grantee, its successors and assigns forever. Patent 8464 Page 4 of 6 0 Ln TITLE COMMITMENT 111111111111 NIII IIII Mill WHINE IIII IIII 3744603 01/12/2011 11:33A Weld County, CO 5 of 6 R 36.00 0 0.00 Steve Moreno Clerk&Recorder IN WITNESS WHEREOF,I,BILL RITTER,JR.,Governor of c the STATE of COLORADO have caused this patent to be executed by its duly authorized officers and its seal hereunto E affixed this 24411 14, day of N r1 �"`-�Y ,2010. n nT: E , , = STATE OF COLORADO z , Governo • ATTEST: �r /J C--- Secretary of State Patent 8464 Page 5 of 6 In TITLE COMMITMENT IIIIII 11111111111 IM 1111111EMI III BIN II l.��Ntl i� 3744603 01/12/2011 11:33A Weld County, CO pf A 6 of 6 R 36.00 D 0,00 Steve Moreno Clerk& Recorder .: , 9:r u J IL ht n 1LANJ-$BARD SCA•19 STATE OF COLORADO r < • Jet: ACTING BY AND THROUGH THE STATE BOARD OF LAND COMMISSIONERS �i, nf.0AA`P ,,• ❑,� flifJYrr..n-'. K : Michele A.Bloom,President u z Tobin Follenweider, Acting Director State of Colorado ) City and )ss. County of Denver Patent 8464 was acknowledged before me this _____ day of A.10(/L(.1,647 ,2010, by Michele A. Bloom, as President, and Tobin Follenweider, as Acting Director, of the COLORADO STATE BOARD OF LAND COMMISSIONERS. WITNESS my hand and official seal /� n x f A . 6(1-134 n y• .10- '� f e A 11 Y n,^±�' e co.... \{ Y n JYr Notary Public � � < • My Commission Expires: /6/2/'u/Z.- > Patent 8464 Page 6 of 6 TITLE COMMITMENT ' ' 11111111111111111111111111111111111111 III HIE IIII IIII 3744605 01/12/2011 11:33A Weld County,CO 1 of 7 R 41.00 0 0.00 Steve Moreno Clerk&Recorder STATE OF COLORADO STATE BOARD OF LAND COMMISSIONERS Department of Natural Resources 605 NO SURFACE OCCUPANCY AGREEMENT NO.LT co THIS AGREEMENT(the-Agreement"),dated this 2tday of 2010,made and entered into by and het een the STATE OF COLORADO.acting by and through the STATE BOARD OF LAND COMMISSIONERS,(the "Board"),and WELD DEVELOPMENT COMPANY,LLC("Weld"),a Colorado limited liability company: W WITNESSETH c, WHEREAS,Weld acquired the fee-simple surface interest of a portion of the land covered herein from the Board in Q V WHEREAS,the Board and Weld entered a Long-Term Agreement to Restrict Mineral Development("Long-Term Z x Agreement')on March 15,2005 in which the Board agreed to restrict mineral development for a term oft years; 4O[0(4/ 'Y ✓ WHEREAS,the Board and Weld entered into an Agreement to Exchange Real Property on ,2010 in which W Wet will acquire the fee-simple surface interest in a portion of the land covered herein from the Board; WHEREAS,as additional consideration for the Exchange.Weld shall release and cancel the Long-Term Agreement by executing and delivering to the Board a Cancellation of Long-Term Agreement to Restrict Mineral Development, WHEREAS.the Board CAN title and all rights to any and all minerals-ores and metals of any kind and character. and all coal, asphaltum. oil, gas or other like substances, and all geothermal resources in, on or under the property _ described herein; — W HERE:AS, Weld desires to enter into an agreement with the Board to protect the surface by restricting the use of F the surface on the land described herein during the development of the mineral estate owned by the Board;and e THEREFORE,the Board covenants and agrees that it will not lease,or cause to be developed,any and all minerals owned by the Board, except as described herein, under the surface of land, situated in the County of Weld, State of Colorado.more particularly described on EXHIBIT A.containing _acres,more or less,hereinafter referred to as the -Property.- SCHOOL LANDS TRUST FUND (NO FE: The Board assumes no responsibility for the accuracy of descriptions furnished by Weld nor does it admit any liabi'..ity for loss or damage due to inaccuracy on Weld's part in describing the land involved.) Subject to the following existing mineral leases:NON I. TER_ --The tenn of the Agreement shall be ninety nine(99)years(-"fern"). 2. CONSIDERATION--In consideration of this Agreement.Weld shall release and cancel the Long-Term Agreement b> executing a Cancellation of Long-Term Agreement to Restrict Mineral Development. This Agreement shall not be effective until Weld has executed and delivered to the Board the Cancellation of Long-Term Agreement to Restrict Mineral Development and the Agreement to Exchange Real Property has closed. 3. PERMITTED PRODUCTION — The Board may fill, excavate, dredge, mine, extract, explore for or otherwise develop. or cause such development, and/or lease for such development any mineral resources and hydrocarbons located on,under or below the surface of the Property provided that such development will not occupy the surface of the Property. The Board, its lessees and assignees,shall comply with Colorado Oil and Gas Commission rules and regulations and requirements of Weld County, when developing any mineral resources and hydrocarbons under the Property. 4 I&\NSFER AND ASSIGNMENT--The parties expressly agree that the mineral development restrictions set forth in the Agreement run with the land,and shall be binding upon all subsequent owners of all or any portion of the land covered hereby. If a portion of the subject surface estate is sold or transferred to another the Board upon request shall be provided with a copy of the executed assignment and transfer document. If Weld desires to transfer an interest in the Agreement to a successor.and an assignment of the Agreement is approved b the Board,which approval shall on Page I of 3 L^ iltle asoaaIa¢ TITLE COMMITMENT 111111111111111111111 111111111111111111111111 I I I I I 11111 3744605 01/12/2011 11:33A Weld County,CO 2 of 7 R 41.00 0 0.00 Steve Moreno Clerk&Recorder not be unreasonably withheld,conditioned or delayed,a new agreement shall be issued to the assignee covering the assigned land.containing the same terms and conditions as the Agreement and limited as to terms as the Agreement is limited, and the assignor shall he released and discharged from all further obligations and liabilities as to that portion so assigned. An assignment shall not extend the term of the Agreement. 5. NO RIGHT TO DEVELOP MINERALS — The Agreement does not give Weld any authority to explore for, prospect.develop.extract or use any minerals,including but not limited to any sand,gravel,rock,or fill material. 6. SURRENDER— Weld may at any time with the written consent of the Board,surrender and cancel the Agreement insofar as the same covers all or any portion of the Property, provided that this surrender clause shall become inoperative immediately and concurrently with the institution of any suit in any court of law by Weld,the Board,or 2 any assignee of either to enforce the Agreement or any of its terms, express or implied. If the Agreement is terminated for any reason,the consideration shall be forfeited. E-" 7. INDEMNIFICATION OF THE BOARD—Weld agrees to hold the Board harmless for,and to indemnify the Board against an} and all manner of claims arising or to arise from the Agreement or the Board's mineral estate whether U from soil or surface subsidence or from any other cause,except if the Board or its mineral lessee occupy the surface. 8 UNIT AGREEMENTS—In the evens the Board permits the lands herein to be unitized or pooled with other lands. .U. - the terms of the Agreement shall he modified to conform to such unit agreement. Prior to the approval of. z commitment to or execution of any joinder for a unit or pooling agreement.the Board shall provide the unitization or pooling agreement to Weld for its prior review and approval. The Board shall not join,execute,ratify or enter into U rW any unitization agreement or pooling agreement without Weld's prior written consent. The Board shall request from an) operator of a unitized or pooled area an acknowledgement that any portion of the Property included in the unitized or pooled area shall be subject to the terms and conditions of the Agreement and the Oil and Gas Lease and the terms and conditions contained in both documents. 9. GOVERNMENT CONTROL—Any matter over which the United States Government assumes exclusive control is exempted from any of the provisions of the Agreement to the extent that the rights of the United States Government er expressly preempt the rights of the Board. 10. EXTENSION-•Any request for an extension of the tents of the Agreement will not be considered prior to the last year of the term. All requests must be in writing. The granting of an extension will be at the option of the Board. In considering any extension request, the Board shall give due regard to the surface ownership, development and occupancy of the Property. I. COMPLIANCE WITH LAW--Nothing in the Agreement shall be construed as a waiver by the Board of any right or remedy given to it by law for the administration of Board-owned minerals. The Board affirmatively represents that the Agreement is consistent with the rights and remedies given to the Board by law for the administration of Board- owned minerals. 12. FALSE STATEMENTS AND NONCOMPLIANCE—Misrepresentation or false statements on the part of Weld,or failure to comply with any of conditions set out in the Agreement or in the application which is a part hereof,may subject the Agreement to cancellation by the Board. 13. CONDEMNATION —If the Board's mineral estate shall be taken in any condemnation proceeding,the Agreement shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to the Board. If only a portion of the mineral estate is taken by condemnation, only that portion of the Agreement covering the mineral estate so taken shall terminate. 14. SUCCESSORS CLAUSE--The benefits and obligations of the Agreement shall inure to and be binding upon the heirs,legal representatives,successors or assigns of Weld and the Board. [signature page follows) ri Page 2 of 3 TITLE COMMITMENT _ 11111111111111111 lii 11111111111111111 III 11111 liii lilt 3744605 01/12/2011 11:33A Weld County, CO 3 of 7 R 41.00 0 0.00 Steve Moreno Clerk&Recorder IN WITNESS WHEREOF,the parties executed this Agreement as of the date first written. WELD DEVELOPMENT COMPANY,LLC B,: 3f jW126LMe AC Di4FS0I�,SR, Tide: et Signature: • r Stara of Coloradt7l' LLl Coumv'of DD tb Th�(ore nin mstryment was ackno i red befor ,/this o2f1 da r of IIY�V fit/ ..LLC by lck.. k, ��K U�f Weld Deyrlopment Company.LLC,a lorado limited liability compan U V/! Witness my hand and official s al. Notary ' blic JUDITH A.KUKOL My cr ission expires: NOTAIIY PUBLIC STATE OF COLORADO My rttommise,on Expose Oci 22.2014 STATE OF COLORADO .ACT INC BY AND THROUGH THE STATE BOARD OF LAND COMMIS B By: Itile: Tobin Follenweider.Acting Director.Colorado State Board of Land Commissioners J. S ignawre: State of Colorado City& Count) of Denver The foregoing instrument was acknowledged before me this/ tiday of I�eL'1'444i/✓ ,2010,by Tobin Follenweider,Acting Director,Colorado State Board of Land Commissioners. Witress my hand and official seal. J y�'J7�/,Ln Notary Public My commission expires: 's .. to IC Page 3 of 3 TITLE COMMITMENT 11111111111111111 IIII 111111111111 IIIII III IIIII INI 1111 3744605 01/12/2011 11:33A Weld County, CO 4 of 7 R 41.00 0 0.00 Steve Moreno Clerk& Recorder PROPERTY DESCRIPTION SURFACE DEVELOPMENT PARCEL THAT CERTAIN PORTION OF THE NORTH HALF OF SECTION 16,TOWNSHIP 3 NORTH, RANGE 68 WEST,6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16, NORTH 01°31'13"WEST, 1171.61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID THE SOUTHWESTERLY CORNER OF THE TO ELAND DESCRIBED IN THE DOCUMENT RECORDED Z ' MAY 5, 1994 AT RECEPTION NO. 02387415, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY; w , THENCE ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 5, 1994 AT RECEPTION NO. 02387415 THE FOLLOWING 2 COURSES: 1) NORTH 88°38'25"EAST,331.94 FEET; 2) NORTH 01°00'00'W,644.78 FEET TO THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 16; THENCE ALONG SAID NORTHERLY LINE, NORTH 88°38'25"EAST,2281.71 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE ALONG THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16, NORTH 89°13'47'EAST,529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 02003223. IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 02003223, SOUTH 00°34'11" EAST, 699.89 FEET TO THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 02003223; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°25'28"EAST, 1482.44 FEET TO THE WESTERLY LINE OF THE RIGHT-OF-WAY EASEMENT DESCRIBED IN THE DOCUMENT RECORDED MAY 8, 1905 AT BOOK 228, PAGE 96 AND DESCRIBED IN THE DOCUMENT RECORDED MARCH 19, 1906 AT BOOK 234, PAGE 92 IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, SOUTH 20°28'45"WEST, 2089.17 FEET TO THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 16; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°03'36"WEST, 1246.27 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 16; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 16, SOUTH 89°03'24'WEST 521.53 FEET; SHEET 1 OF 4 TITLE COMMITMENT 111111111111111111111111111111111111111 11111111111111111III11111III! lilt 3744605 01/12/2011 11:33A Weld County, CO 5 of 7 R 41.00 0 0.00 Steve Moreno Clerk& Recorder THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 29°01'54'WEST,209.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3260.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°33'58"AN o ARC LENGTH OF 316.70 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2440.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°33'12"AN u ARC LENGTH OF 1003.04 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE ^ SOUTHWESTERLY HAVING A RADIUS OF 340.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°22'42'AN ARC LENGTH OF 61.59 FEET; THENCE TANGENT TO SAID CURVE, NORTH 57°23'50"WEST, 124.86 FEET TO THE BEGINNING v OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 225.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°11'02"AN ARC LENGTH OF 208.85 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 540.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°04'53"AN ARC LENGTH OF 311.78 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 190.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°48'55"AN ARC LENGTH OF 115.45 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 67°41'06"WEST, 253.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1770.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°02'25"AN ARC LENGTH OF 310.17 FEET TO THE POINT OF BEGINNING; CONTAINS 7,901,190 SO. FT. OR 181.386 ACRES, MORE OR LESS. AS SHOWN ON THE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. ROBERT D. SNODGRASS, PLS 36580 COLORADO LICENSED PROFESSIONAL LAND SURVEYOR FOR AND ON BEHALF OF CALVADA SURVEYING, INC. 6551 S. REVERE PARKWAY, SUITE 165 CENTENNIAL, CO 80111 SHEET 2 OF 4 In TITLE COMMITMENT EXHIBIT TO ACCOMPANY PROPERTY DESCRIPTION PORTION NE 1/4, SECTION 16 T3N, R68W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO MATCH LINE SEE SHEET 4 _ _ __ EASTERLY LINE NW 1/4 SE. 16 _ _ _ _ o SO0'553 3' "E 2655.75' 4K N 1/4 IC 1/4 CUR. SEC. 16�. q C'OR, SEC, 16 r C.ry E-. N29'01.54"W c7: 41 Q, Iin 209.82' 'I U ^ EXCEPTION PER 120' HIGHLAND �/ -1 co REC. Na 2267740 D 6 N ITCH V 4 / I c. 16 M - H N I .30' RIGHT-OF- Y EASEMENT ti /4 61 P• / A-0533'8" C. to BOOK 296, PAGE 149 N\14 66W+ / R=3260.00' I N _--_J 135 �y. R V L=316.70' W I / v) / X233372" N 3 PARCEL 7A * W N572J'50"W R-2440.00' Z 0 124.86' L=1002 D!' °o z v 0 v / .14 �W to .6=1072'42' m y EN R=340.00' I ¢ 7 .o EN Z I L=61'59 Lki GRAPHIC SCALE l}4 6=5371'02a 400 200 400 ryo 0 I L*33'04153" R-225.00' "1 R=540.00' L=208.85' -- — — ;+ to 4 L-311.78' I FEET N 2 PARCEL I • P d=3418'55" o)R=190.00' z \ L=115.45' 86741'06"W I 253.19' 6=10'02'25aPOINT Of 30' RIGHT—OF—WAY EASEMENT I ;& NO1'00'OO"W $44.78' h BOOK 296, PACE 149 R=1770.00' BEGINNING P4 c,3 :�+rn L=210.17 3271'19" m EXCEPTION PER H w M REC: Na 02387415 m"6: / (RAO.)m —NOJ3J'J3__I— --II7I.E1'- - • [-NOT;71'12"W-644.77 6101'3i'1.3" — _.. ._— — - • S0131'1.7"E 7636.85' T — / _ WESTERLY LINE NW 1/4 SE 16 (OASIS OF BEARINGS) r NW J/4 ] COR. SEC tE W 1/4 COR. SEC. 16 POINT OF COMMENf.MENT NOTE • INDICATES PARCELS PER NIS(E9m1 00E5 NW REPRESENT A Ra69(NTC]IMO At TA SURVEY DA TED MAY 2I, 2010 SURVEY 114 FURPIXE IX RES[U1491 9 SOUP TO DEICE ME Au/CHED 1Qa4RIY DESCRWIgI. SHOWN HEREON FOR REFRENCE CALVADA JOB NO. 10114 _ SHEET 3 OF 4 DATE: 10./28/10 p SURVEYING, INC. SCALE: 1" = 400' M 6551 S. Revere Pkwy. Suite 165 Centennial, CO 90111 Phone: (720) 488-1303 r Fax: (720) 486-1306 11111 1111 1111'1 '1'1 1111111 11111 11111 III III 'II1 ill OO TITLE COMMITMENT EXHIBIT TO ACCOMPANY PROPERTY DESCRIPTION PORTION NE 1/4, SECTION 16 T3N, R68W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO iNE 1/4 G0.51 EXCEPTION PER L. 1/4 COR'. SEC. I6 J BK. 359, PC 220 L SEC. 16 C -fb - EASTERLY LINE NE 1/4 SEC. 75 N00'51'42'W _2647.88' - Hry EXCEPTION PER ---1...<3a---.......-- ^' 2 i BK. 575 C) k\ 1 REC. 1469J6 HI l N H2O ro\ PARCEL J • NI U I �4'6(C>5 h Z \ \ 635, '� N5977_5'47'E U I \' 80' RIGHT—OF—WAY EASEMENT W 65.84' 1/.9<,,,r.------------ BOOKGREAT WESTERN RAILWAY CO. 228, PAGE 96, v S?\ BOON 2J4, PAGE 92 In 7B Is.00 — 1 alTO c\T to �.. O W h LL N m 766'g 9y ?0 A189 03'36"E c ; W 30' RIGHT-EASEM A'T WAY `• B97j\ 85.94' I N cie °j I EASEMENT 1`i ro c t- BOOF; 236, PACE 149 w W 2 a v W y, EXCEPTION PER m >- REC. NO 02003223 2 9 7 N. u W >; ` i. SO0134.11"E ti YL.4 r. 3Zil in 389..74'SN o e C: iti N. cn a, • e 17.h h Z -c,, m 16 it cn TAT 3 �.Ec. p.M- td z u we NE 1 \ti• 6�N N 963 35, a b , SOO 134'11 f 699.89' _ .500'.34;74£_`^ h � '� / 3696N GRAPHIC SCALE e ei ^ 500'J4'11"E 400 C) 200 400 TO 49.9.83' S00'3491"E In 200.06' �rrr�� InPARCEL 2A • FEET EASTERLY LINE NW 1/4 SE. 16 —_ _ _ 500'53'53 t 2655.75' 9 , N ;/4 —� LC 7/4 COR. SEC 16�— c ; SEC. 1E] MATCH LINE SEE SHEET 3 __— __— U EX T TES HOT Isriasin A 1101111400)LANDNCTE: • INDICATES PARCELS PER SU1MY.114 PLRPOSI CC NS COW $SWAY TO Al TA SURVEY DATED MAY 21, 2010 p04:1 1VE 4maim PROPERTY DEs?Rauh. SHOWN HEREON FOR REFRENCE ", C_ALAIDA JOB NO. 10114 _ SHEET 4 OF 4 DATE: 10/28/10 SURVEYING, INC. SCALE: 1" = 400' ", 6551 S. Revere ?Troy. Suite 165 Centennial. CO 80111 Phone: {720) 488-1303 At For (720) 488.-1306 111111 IIIII IIIIII Till 1111111 1111111111 III II1I1 IIII IIII TITLE COMMITMENT IIIIIIIIIIIIIIIII11111111111111111111111111111111111111 743 3267743 03/1112006 12'55P Weld County,CO 1 0l 7 R 36.00 0 0.00 Steve Moreno Clerk d Recorder RECORDATION REQUESTED BY: Community Banks of Colorado Community Banks of Colorado-Bake Commons 277 N Broadway,Suits C Denver,CO 80203 WHEN RECORDED MAIL TO: Community Banks of Colorado O Community Banks of Colorado-Baker Commons 277 N Broadway,Suite C Denver.CO 80203 SEND TAX NOTICES TO: Community Banks of Colorado L. Community Banks of Colorado-Bake Commons F' 277 N Broadway,Stifle C FOR RECORDER'S USE ONLY Denver,CO 80203 DEED OF TRUST U THIS DEED OF TRUST is dated March 10, 2005. among Weld Development Company, LLC, a Colorado zLimited Liability Company, whose address Ia 9930 E Progress Circle, Littleton, CO 80111 ("Grantor"): wr. Community Banks of Colorado, whose address Ia Community Banks of Colorado-Baker Commons, 277 N UBroadway, Suite C, Denver, CO 80203 (referred to below sometimes as "Lender" and sometimes as ❑,1 "Beneficiary");and the Public Trustee of Weld County,Colorado(referred to below as"Trustee"I. ('^ CONVEYANCE AND GRANT. Far valuable ceneideraaon,Grantor hereby Inavocabh grants,transfers and assigns to Trustee for the benefitexisting of Lender su as uenNlclery all of Grantor's right,brie,end m improvements r in and to the and fixtures;all easements,rights of g described al way,andyappurtenanc sether it all or er igh and tcheri or affixed n buildings,st pr all r water,e g rights heand ditch rights Including stock in utilities on with ditch or irtiaastigotrherrmal end all similermatters`(thee"Real ,and profits relating to the reel property,including without limitaion all minareb,oil, g g Property")located in Weld County,State of Colorado: A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 16,TOWNSHIP 3 NORTH RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE W 1/4 CORNER OF SAID SECTION 16 AND CONSIDERING THE SOUTH LINE OF SAID N 1/2 OF 5ECTION16 TO BEAR S 89 DEGREES 22' 37" W;THENCE N 01 DEGREES 12' 10" W ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 16,A DISTANCE OF 1991.97 FEET TO THE SW CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1440 AT RECEPTION NO. 2387415; THENCE N 88 DEGREES 57' 15" E, A DISTANCE OF 337.80 FEET TO THE SE CORNER OF SAID TRACT; THENCE N 01 DEGREES 12' 10" W ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 144.76 FEET; THENCE N 89 DEGREES 03' 53" E, A DISTANCE OF 2802.92 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN SCHOOL RIGHT OF WAY DESCRIBED IN DEED RECORDED IN BOOK 1062 AT RECEPTION NO. 2003223; THENCE S 00 DEGREES 16' 05" E, A DISTANCE OF 199.12 FEET TO THE SW CORNER OF SAID SCHOOL RIGHT TF WAY; SCHOOL PARCEL DISTANCE OF 390.00 FEET TO E CORNER PARCEL SHOWN ON SURVEY RECORDED IN BOOK 1290 AT RECEPTION NO. 2241203;THENCE N 89 DEGREES 40' 40" E, A DISTANCE OF 544.02 FEET TO THE SE CORNER OF SAID PARCEL;THENCE N 00 DEGREES 14' 48"W,A DISTANCE OF 389.34 FEET TO THE SOUTH LINE OF SAID SCHOOL RIGHT OF WAY;THENCE N 89 DEGREES 44' 51" E,A DISTANCE OF 938.25 FEET TO THE WEST LINE OF THAT CERTAIN RAILROAD RIGHT OF WAY DESCRIBED IN DEED RECORDED IN BOOK 228 AT PAGE 96;THENCE S 20 DEGREES 47' 47" W ALONG SAID WEST LINE, A DISTANCE OF 2090.06 FEET;THENCE 5 89 DEGREES 22' 37"W ALONG THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 16, A DISTANCE OF 1231.02 ALONG THE SOUTHLI E OF THE NW 114 OF SAID SECTION FEET;16.A DISTANCE OF 2605.76 FEET TO THE POINT OF BEGINNING The Real Property or Its address is commonly known as TBD-Vacant Land,Mead,CO 80542.rantor's Garantor present paresently assigns to future leaves Lenderof Corso perty and alnown as l Rentsy in from Is Deed of the Property. Inall ddittion, Grantorh grants to and Lendeinterest in and Uniform Commercial Code security interest in the Personal Property and Rents. ° a PTHIS ROPERTYY.DIS TGVVEN TO O SECURETNEAl PIGNMENT OF AYMENT OF THE S AND THE INDEBTEDNESS ANDY INSTEP ST IN THE RENTS PERFORMANCE OF AND ANYPERSONAL AND ALL. OBLIGATIONS UNDER THE NOTE.THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: requestDand not at the e request o6 f and WARRANTIES.orr has thetor warrants full power.rthat: a,and l lauthorhis ryeto enter into this executed Deed of at Borrower's and to hypothecate the Property: Icl the provisions of this Deed of Trust do not conflict with,Or result in a default under any agreement o' other instrument binding upon Grantor and do not result in a violation of any law, regulation,court decree or order applicable to Grantor; (di Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and let Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of BorrOwell. GRANTOR'S WAIVERS, Grantor waives all rights or defenses arising by reason of any'one action'or"anti-deficiency-law,of any otherwise entitled to arclaim fornder from deficiency,ribefors or after arty rlL Ln ender's commencemenincluding or c mplet a claim or RI alny foreclosure au to the rxtent tender rs a action,either judicially or by exercise of a power of sale. Lac 0 0 TITLE COMMITMENT 111111111111 1111111 111 1111 111111111 11111 11111111 3267743 03/1112005 12:55P Weld County,CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk&Recorder DEED OF TRUST Loan No: 1865401 (Continued) Page 2 PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower shall pay to Lender all Indebtedness secured by this Deed of Trost as it becomes due,end Borrower and Grantor shell strictly perform all their respective obligations under the Note,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower end Grantor agree that Borrower's end Gramor's possession and use of the Property shell be governed by the following provsions: Poesession end Use. Until the occurrence of an Event of Default,Grantor may ill remain in possession and control of the 3k• Property; 121 use,operate or manage the Property:and 131 collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,end maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: Ill During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; 121 Grantor has no knowledge at,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing. 151 any breach U or violation of any Environmental Laws, lb) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on,under,about or from the Property by any Prior Owners or occupants of rho Property,or lc) any actual or threatened litigation or claims of any kind by any person relating to such matters;and 131 Except as previously disclosed to and acknowledged by Lender in writing, lei neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,score,treat,dispose of or release any Hazardous Substance on, under,about or from the Property;and lb) any such activity shall be conducted in compliance with all applicable federal,state, z and local laws,regulations and ordinances,Including without limitation all Environmental Laws. Grantor authorizes Lander and its agents to enter upon the Property to make such inspections end tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the pert of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the L; Property for Hazardous Substances. Grantor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other carts under any such!ewe;and 121 agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages,penalties, and expenses which Lender may directly or indirectly sustain or sutler resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation,manufacture,storage,disposal,release or threatened release occurring prior to Grantor's ownership or Interest in the Property,whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust,including the obligation to Indemnify,shell survive the payment of the Indebtedness and the satisfaction end reconveyence of the lien of this Deed of Trust and shall not be affected by Lender's acquisition ci any interest in the Property,whether by foreclosure or otherwise. Nuisance.Waste. Grantor shall not cause,conduct or permit any nuisance nor commit, permit,or suffer any stripping of or -� waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gaol,coal,clay,scone,soil,gravel J or rock products without Lender's prior wrinen consent. p Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Reel Property without Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents end representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests end to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Gremor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in affect,of ell governmental authorities applicable to the use or occupancy of the Property,including without limitation, the Americana With Disabilities Act. Grantor may contest in good faith any such law, ordinance,or regulation and withhold compliance during any proceeding,Including appropriate appeals,so long as Grantor has notified Lander in writing prior to doing so and ao long at,In Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require Grantor to poet adequate security or a surety bond,reasonably satisfactory to Lander,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition • to those acts vet forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer,without Lender's prior written consent,of all or any part o1 the Real Property,or any interest in the Real Property. A'sale or transfer'means the conveyance of Real Property or any right,title or interest in the Reel Property;whether legal,beneficial or equitable; whether voluntary or involuntary;whether by outright sale, deed,installment sale contract,land contract,contract for deed,leasehold interest with a term greater than three(31 years,lease-option contract,or by sale, assignment,or transfer of any beneficial interest In or to any land trust holding title to the Real Property,or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation,partnership or limited liability company,transfer also includes any change in ownership of more than rweMy-five percent 125%)of the voting stock,partnership interests or limited liability company interests,as the case may be,of such Grantor. However,this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust Payment. Grantor shall pay when due land in all events prior to delinquencyl all taxes,special taxes, assessments,charges Including water and sewer),fines and impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,except for the lien of taxes and muniments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized, If a lien arises or is filed as a result of nonpayment,Grantor shell within fifteen(16)days after the ken arises or,if a lien is filed,within fifteen(151 days after Grantor has notice of the filing, secure the discharge of the lien,or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander in an amount sufficient to discharge the lien plus any costs and attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien, in any contest,Grantor shall defend itself and Lender and shell satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 1151 days before any work is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's lien,materielman's lien,or other lien could be asserted TITLE COMMITMENT 1111111 nil IIIII 1111111 III It IIIIIIII 111111111111 Ill 326"3 of 1 R 38.00 0 olio Stteve Moreno cler C0 Recorder DEED OF TRUST Loan No: 1865401 (Continued) Page 3 on account of the work,services,or materials and the cost exceeds $600.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE SISURANCE. The following provisions relating to insuring the Property era a pert of tNs Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage _ endorsements on a teir value basis for the full insurable value covering all Improvements on the Real Property In an amount — sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender. Grantor shell T_ also procure and maintain comprehensive general liability insurance in such coverage amounts es Lender may request with e. Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally,Grantor shall maintain such other insurance,including but not limited to haterd,business interruption.end boiler insurance,as Lender may reasonably Nrequire. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender end issued by a Wcompany or companies reasonably acceptable to Lender. Grantor,upon request of Lender, will deliver to Lender from time to I,— time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that coverages will not be cancelled or diminished without at least thirty 1301 days prior written notice to Lender. Each insurance policy also shall include an . endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,omission or default of Grantor U or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain end maintain Federal Flood Insurance,if available, a within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid < principal balance of the loan end any prior liens on the property securing the loan,up to the maximum policy limits set under the U National Flood Insurance Program,or ea otherwise required by Lender,and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of ,z repair or replacement exceeds 5500.00. Lender may make proof of loss if Grantor fails to do a0 within fifteen 1161 days of the Z casualty. Whether or not Lender's security is Impaired,Lender may,at Lender's election,receive and retain the proceeds of any U insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien effecting the Property, or the Ltd restoration end repair of the Property. If Lender elects to apply the proceeds to restoration end repair,Grantor shall repair or L.. replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shag,upon satisfactory proof of such expenditure.pay or reimburse Grantor from the proceeds for the reasonable coat of repair or restoration If Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under Indebtedness.ed of If aLenderthen holds any py roceeds atter paymerued Interest, and nt in remainder, the Indebtedness.such applied pr proceeds hshall be paid to Grantor principal balance of the es Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender,however not more then once a year,Grantor shall furnish to Lender a report on each existing policy of insurance showing: 111 the name of the insurer: Ill the risks Insured; (3) the amount of the is police: (41 the property Insured,the then current replacement value of such property,end the manner of determining that value; Q end 1S) the expiration date of the policy. Grantor shell,upon request of Lender,have en independent appraiser satisfactory to _ Lender determine the cash value replacement coat of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially effect Lender's interest In the Property orr. if Grantor fads to comply with any provision of this Deed of Trust or any Related Documents,including but not limited to Grantor's _ failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents,Lender on Grantor's behalf may Ibut shall not be obligated tot take any action that Lender deems appropriate,including ' but not limited to discharging or paying all taxes,liens,security interests,encumbrances and other claims,et any time levied or placed 2 on the Property end paying all coats for insuring,maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then beer interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will fAl be payable on demand: IBI be added to the balance ol the Note and be apportioned among end be payable with any installment payments to become due during either ill the term of any applicable insurance policy;or 121 the remaining term of the Note;or ICI be treated as a balloon payment which will be due end payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender mey be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in lee simple,free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report, or final title opinion Issued In favor of,and accepted by.Lender in connection with this Deed of Trust,end lb)Grantor has the full right,power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding ie commenced that questions Grantor's title or the interest of Trustee or Lender under this Dead of Trust,Grantor shall defend the action et Grantor's expense. Grantor may be the nominal party in such proceeding,but Lender shell be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choices and suchparticipation.Gringo( illdeliver,r cause to be delivered,to Lender such instruments as Lender may request from time to time to perm' Comptenee With Lews, Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,ordinances end regulations of Governmental authorities. Survival of Representations end Warranties. All representations,warranties,and agreements made by Grantor In this Deed of Trust shall survive the execution and delivery of this Deed of Trust,shell be continuing in nature,and shall remain in full force end effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Deed of Trust'. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing. and Grantor shell promptly lake such reps as may be necessary to defend the action end obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice,end Grantor will deliver Or oeuse to be delivered to Lender such instruments and documentation es may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any pert 01 the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at as election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable coats, expenses, and attorneys' tees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES. FEES AND CHARGES Sy GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a pen of this Deed of Trust: Current Imes,Fees end Charges. Upon request by Lender,Grantor shell execute such documents in addition to this Deed ol Trust end take whatever other action is requested by Lender to perfect end continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes,as described below,together with documentary stanses,ncd r expanses eed in Mcecd recording,perfecting ing or or continuing this Deed of Trust,including without limitation all taxes,fees, rl TITLE COMMITMENT 111111111111 11111 1111111 III IIII 11111111 III 11111 1111 1111 3267743 03/1112005 12:65P Weld County,CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk a Recorder DEED OF TRUST Loan No: 1865401 (Continued) Page 4 this Deed of Trust. Tens. The following shell constitute taxes to which this section applies: I11 a specific tax upon this type of Deed a1 Trust or upon all or any part of the Indebtedness secured by this Deed of Trust: 121 a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;and 141 a specific tax on all or any portion of the _ Indebtedness or on payments of principal and interest made by Borrower. Subsequent . If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust,this event shall have the same effect es en Event of Default,and Lender may exercise any or all of its available remade'for an Event of Default as provided below unless Grantor either 111 pays the tea before it becomes delinquent,or 121 contests the tax as provided above in the Taxes and Liens section end deposits with Lender cash or a sufficient corporate surety bond or other G..1 security satisfactory to Lender. (-� SECURITY AGREEMENT:FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, end Lender shall have all of the rights of a secured perry under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect end continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property CJ. records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shell reimburse Lender for all expenses incurred in ,Z perfecting or continuing this security Interest. Upon default, Grantor shall not remove,sever or detach the Personal Property from the Property. Upon default,Grantor shell assemble any Personal Property not affixed to the Property in a manner end et a U place reasonably convenient to Grantor and Lender and make It available to Lender within three(31 days after receipt of written U demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor(debtor)end Lender(secured party)from which information concerning the security interest granted by this Dead of Trust may be obtained leach as required by the Uniform Commercial Codel are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances end attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time,end from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed recorded. refired, or rerecorded, as the case may be, at such times and in such offices end places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security agreements,financing statements,continuation statements, instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate,complete,perfect,continue,or preserve (1) Borrower's and Grantor's obligations under the Note,this Deed of Trust,end the Related Documents,end 121 the Hens and security interests created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,Grantor shell reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. name of Grantor If Grantor's fails r do any e.thF suc referred es in the or hereb pirrevrap4 Lender may tlo ero fas end rat ohs aame y- Gfact f and at po ng For executing,deli eri goees, recorr M1,and doing alt lyof er thing as may be ace s ar ortdme e,act fen tee ps le oe ni making, omlstdelivering,rs,filing,r to the and doing air other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the manors referred to In the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust Trustee may, upon production of documents end fees as required under applicable law,release this Deed of Trust,and such release shell constitute e release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor,If permitted by applicable law. EVENTS OF DEFAULT, Each of the following,at Lender's option,shell constitute an Event of Default under this Deed of Trust: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Ohio Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition Contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term,obligation,covenant or condition contained in this Deed of Trust,the Note or in any of the Related Documents. Default on Deter Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance,or any other payment neceesary to prevent filing of or to effect discharge of any lien. Default In Fever of Third Parties. Should Borrower or any Grantor default under any loen,extension of credit,security agreement, purchase or sales agreement,or any other agreement,in favor al any other creditor or person that may materially effect any of Grantor's property or Borrower's or any Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or Borrower's Cr Grantor's behalf under this Deed of Trust ar the Related Documents is false or misleading in any materiel respect, either now or at the time made or furnished or becomes false or misleading et any time thereafter. Defective Collstaranzaeon. This Deed of Trust or any of the Related Documents ceases to be in full force end effect Including failure of any Collateral document to create a valid end perfected security interest or lien)at any time end for any reason. Death or Insolvency. The dissolution of Grantor's(regardless of whether election to continue is made),any member withdraws from the limited liability company,or any other termination of Borrower's or Grantor's existence as a going business or the death of any member,the insolvency of Borrower or Grantor,the appointment of a receiver for any part of Borrower's or Grantors property, any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Fodelture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding. self-help,repossession or any other method,by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts,including deposit accounts,with Lender. However,this Event of Default shell not apply if there Is a good faith dispute by Borrower or Grantor es to the validity or reasonableness of the claim which is the bests of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve Or bond for the dispute. Crl TITLE COMMITMENT I IIIII11111111111IIIIIII III(III IIIIIIII III IIIII(III iiII 5 of 7 P 35.00 D O.0D'55P Weld Moreno Clelerk 6 Recorder DEED OF TRUST Loan No: 1865401 (Continued) Page 5 Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, i without limir tation any agreement concerning any Indebtedness or other obligation of Borrower or Grantor to Lender,whether existing new' r. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness on any guarantor,endorser,surety,or accommodation party dies or becomes v incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. In the event of a death, Lender,at its option.may,but shall not be required to,permit the guarantor's estate to assume unconditionally the obligations 'C arising under the guaranty in a manner satietactory to Lender,and,in doing so,cure any Event of Default. Q Adverse Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the 74 prospect of payment or performance of the Indebtedness is impaired. CU Right to Cure If any default,other than a default in payment is curable end if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve 1121 months,it may be cured If Grantor,after receiving written notice from Lender demanding cure of such default: Ill cures the default within thirty 1301 days;or 121 it The cure requires more than thirty 13D1 days,immediately initiates steps which Lander deems in Lender's sole discretion to be sufficient to U cure the default end thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. a, RIGHTS AND REMEDIES ON DEFAULT. If en Event of Default occurs under this Deed of Trust,at any time thereafter,Trustee or Lender may exercise any ore or more of the following is and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and en election to 7 make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to .Z perform,shall not affect Lender's right to declare a default and exercise its remedies. U Accelerate Indebtedness. Lender shall have the right at its option without notice to BBorrower would be requiredGrantor to declaarrey the entire Indebtedness immediately due and payable,Including any prepayment penalty which H Foreclosure. Lender shall have the right to cause all or any pen of the Reel Property.and Personal Property,if Lender decides to proceed against It as it it were real property,to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against reel property. The Trustee shell give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in Me following order: (al to all costs and expenses of the sale, including but not limited to Trustee's fees,attorneys'tees,and the cost of We evidence; lbl to all sums secured by this Deed of Trust and Id the excess, it any,to the person or persona legally entitled to the excess. UCC Remedies. With respect to all or any pen of the Personal Property,Lender shall have all the rights and remedies of a ,^ secured party under the Uniform Commercial Code. ' Collect Rents. Lender shall have the right,without nonce to Borrower or Grantor to take possession of and manage the Property e. and collect the Rents, including amounts past due end unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right,Lender may require any tenant or other user of the Property to make _ payments of rent or use fees directly to Lender, It the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lander in rfor e to theder'sexisted. shell satisfy tisfy the .71 lyh obligations for which the payments are made,whether or not any proper grounds 2 its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property,to operate the Property preceding foreclosure cagainst r or sale,and to collect the Rents from the Property and apply the proceeds,over end above the cost of the receivership, ership,receiver gai ttnth ae Indr,btedness. The receiver may serve without bond if permitted by law, Lender's right to the eppoin not tment apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lander shall not disqualify a person from serving as a receiver. Receiver May be appointed by a court of competent jurisdiction upon ex parts application and without notice,notice being expressly waived. Tenancy at Sufferance. It Grantor remains In possession of the Property after the Property is acid as provided above or Lender Otherwise becomes p entitled sr to possession p of the eh ti,atyLender's option on, e of GhertlIIIGrpay a reasor lonable rental for the use of the come a tenant at sufferance of Lender or 121 purchaser of the Property Property,or 121 vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. fi e Sale of the Properly. In exercising its rights end remedies, Lender shall be free to designate on or before it in les a one Balece by f election and demand with the Trustee,that the Trustee sell all or any part of the Properly together or separately, sale of separate setae. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon alyhe holderthe Property,whether made under a power of sale granted in this Dead of Trust or pursuant to judicial ial proceedings,nbs II the for Or of the Note I9 a purchaser at such sale,it shall be entitled to use and apply all, or an portion end,in such case,this or Or in settlement or payment of ell,or any portion of,the purchase price of the Property purchased, presented to cTrust,onducof ting sheesale in any that the amoldencing unt of indebtednetures ss s soaused or appliedcured by ls may be ed ft.editetd theeeon as having been paid)son Attorneys Fees;Expanses. II Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed or Trust, Lender shag be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved,and to the extent not prohibited by law.all reasonable expenses Lender incurs that in Lender's opinion are necessary at any tune for the protection of its interest or the enforcement of its rights shall become a part of l repaid. the Indebtedness payable on demand and sh?Vl bear thout limitation, however subject to interest the anythe tlmte of tr under applicabler lawtiLender's Expenses covered by this paragraph include, attorneys'f fees whether or not there is a stay ,including attorneys'fand anyanticipated for post-judgmentbnkre collection nservices,dthe efforts to modify or vacate any automatic stay or Injunction),appeals, o rrnrtr, and OPOral rl tee, title cart of e,arching records. obtaining title eepons )including foreclosure re portal, surveyors' insurance,and lees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law,Trustee shall have all of the rights and duties of Lender ea set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust.including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually mgedeivedivedo dey positeceimile d in the(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if d States mall, as first class,certified or registered mail postage prepaid directed to the addressee shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority ernr this Deed of to must shander this l be sent to Lender's address,as shown near the beginning of this Deed of Trust. Any party Y Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's ataddress. or required by lave,es,Grantor if there is more than one Grantor,es to keep informed e ell times Lender to any Grantor current address. Unless deemed to be notice given otherwise rr given ^Y TITLE COMMITMENT 111111111111111111111111 I I I I I I 1111111111111111111111111 3267743 03/11/2006 12:55P Weld County,CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk&Recorder DEED OF TRUST Loan No: 1865401 (Continued) Page 6 to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shell be O effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purpose. other than Grantor's residence, Grantor shall furnish to Lender, upon request,a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form end detail as Lender shall require. 'Net operating income' shell mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Heeding,. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to interpret f^ or define the provisions of this Deed of Trust. Merges. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in enY capacity,without the written consent of Lender, Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by federal lew,the laws of the State of Colorado without regard to he conflicts of law provisions. This Deed of Trust has been accepted by Lender In the State of Colorado. Joint and Several Liability. All obligations of Borrower end Grantor under this Deed of Trust shall be joint and several,and all z - references to Grantor shall mean each end every Grantor,end all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation,partnership,limited liability company or similar entity,it is not necessary for Lender to inquire into the powers of any of the officers,directors,partners,members,or other agents acting or purporting to act on the entity's behalf,and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to heve waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender, No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of This Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by Lender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lander is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal,invalid,or unenforceable es to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible,the offending provision shell be considered modified so that it becomes legal,valid and enforceable. Ifs the offending provision cannot be so modified,it shall be considered deleted from this Deed of Trust. Unless otherwise required by law,the illegality,Invalidity,or unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any other provision of this Deed of Trust. Successors end Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Dead of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado es to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall Include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word'Beneficiary'means Community Banks of Colorado,and its successors and assigns, Borrower. The word"Borrower" means Weld Development Company,LLC, a Colorado Limited Liability Company;J Lawrence Huddleson;Michael A Richardson:end Clarence M Hughes and includes all co-signers and co-makers signing the Note. Dead of Trust. The words"Deed of Trust"mean This Deed of Trust among Grantor,Lender,and Trustee,and includes without limitation all assignment end security interest provisions relating to the Personal Property and Rents, Default. The word"Default'means the Default set forth in this Deed of Trust in the section titled'Default', Environmental Laws. The words 'Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42 U.S.C.Secton 9601,et seq.l'CERCLA-1, the Superfund Amendments end Reauthorization Act of 1986, Pub. L. No. 99-499 I'SARA'l, the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation end Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant thereto. Event of Default, The words'Event of Default'mean any of the events of default em forth in this Deed of Trust in the events of default section of this Deed of Trust, Grantor. The word"Grantor"means Weld Development Company,LLC,a Colorado Limited Liability Company, Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or pert of the Note. Hazardous Substances. The words 'Hazardous Substances' mean materials that,because of their quantity,concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used,treated, stored, disposed of, generated, manufactured,transported or otherwise handled. The words'Hazardous Substances'are used in their very broadest sense and include without limitation any and all hazardous or toxic substances,materials or waste as defined by or listed under the Environmental Laws. The term'Hazardous Substances' also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos, Improvements. The word 'Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed en the Real Property,facilities,additions,replacements and other construction on the Real Property. sr, TITLE COMMITMENT 111111 IIIII IIIII 1111111 III IIII IIIIIIII III IIIII III III 3267713 outlines t21Li weld County,CO 7 0l 7 R 36.00 0 0.00 Steve Moreno Clerk d Recorder DEED OF TRUST Loan No:1865401 (Continued) Page 7 Indebtedness. The word indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the Note or Related Documents,together with all renewals of,extensions of,modifications of,consolidation of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts es provided In this Deed of Trust. Under. The word'Lender'means Community Banks of Colorado,its successors end assigns. 3k Note. The word 'Note' means the promissory note dated March 10, 2005, in the original principal amount of 6883,232.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, "Z consolidations of, and substitutions for t e promissory note or agreement, NOTICE TO GRANTOR:THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words'Personal Property'mean all equipment,fixtures,and other articles of personal property now or H hereafter owned by Grantor,and now or hereafter attached or affixed to the Reel Property;together with all accessions,parts, and additions to,all replacements of.and all substitutions for,any of such property;and together with all proceeds)including It; without amhation all insurance proceeds and refunds of premiums)from any sole or other disposition of the Property. U Property. The word'Property'means collectively the Reel Property end the Personal Property. rJ Real Property. The words'Real Property'mean the reel property,interests end rights,as further described in the Deed of Trust. Related Document*. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, U environmental agreements,guaranties,security agreements,mortgages.deeds of trust.security deds,collateral ll connemortgages,ction with the 7 all other instruments, egreemente and documents, whether now or hereafter existing, e in Indebtedness. Rents. The word 'Rents" means all present and future rents,revenues,income,issues,royalties, profits,and other benefits U. derived from the Property. H Trustee. The word"Trustee"means the Public Trustee of Weld County,Colorado. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: WELD LOP NT COMPANY. LLL(CJA COLOR4PO LIMITED LIABILITY COMPANY 5 By: LA•I'V+^/4 J ye X///t/l, — J coHuddleeon, Ma r ofWeld Development Company, LLC, a Cplor do Limited Liability Company LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 2. n L.SCAMPORINO STATE of NOTARY PUBLIC "�0 I SS STATE OF COLORADO COUNTY OF (� ' I 11 _ 11" �J ni My t5;":6s;s Cap..pee Juno 9,2006 PeOnrsonally this /d`^" day of N�p'C C'0 ,20 0 before ma,the undersigned Notary Public, known appeared ed JerLawrence NesdNate.Manager theof Weld Development Comyaha,LLt executed aed the Limited u lfttyend Cacknowledged and known e to of to be a'member or lend nated voluntary act of and deed of liability limitedpany lehility company,dby, auDeed thorrity Trustof statute, ts articles of the Deed of True toor tien� . operating agree ac Icr the uses and purposes herein mentioned,and on oath stated that he or she is authorized to execute i;Deed of Trust end i fact executed the Deed of Trust on behalf of the limited liability company. 1te By • Residing at A Note Pu It In and for the Bute of y My commission expires J' L7 TITLE COMMITMENT cl 808 3744608 01/12/2011 11:33A Weld County, CO 1 of 3 R 21.00 D 0• .00 Steve Moreno Clerk&Recorder • When recorded,return to: Community Banks of Colorado 5570 DTC Parkway Greenwood Village,CO 80111 Ann:Matthew Ruddy et, _ m& 26°Sln, 1 irt FIRST AMENDMENT TO DEED OF TRUST This FIRST AMENDMENT TO DEED OF TRUST (this "Amendment") is entered into this 29f•' day of December, 2010, between Community Banks of Colorado, a Colorado chartered commercial bank ("Beneficiary") and Weld Development Company, LLC, a Colorado limited liability company ("Grantor"). U RECITALS WHEREAS, Grantor executed a Deed of Trust to the Public Trustee of the County of Weld, Colorado for the benefit of Beneficiary dated March 10, 2005, and recorded March 11, 2005, at Reception No. 3267743 in the office of the Clerk and Recorder in Weld County, Colorado(the"Deed of Trust");and WHEREAS, the parties hereto desire to amend the Deed of Trust to clarify the parties' intentions. AGREEMENT NOW, THEREFORE, in consideration of the Recitals, which shall be deemed to be a substantive part of this Amendment, and the mutual covenants, promises and agreements contained in this Amendment, the parties hereto do hereby covenant, promise and agree as follows: l. Definition of Property. The definition of"Real Property" in the Conveyance and Grant Section on page I of the Deed of Trust shall be amended to include the property described on Exhibit A attached hereto and incorporated herein. All references in the Deed of Trust to "Real Property" shall include the property described on Exhibit A attached hereto in addition to that property described in the Deed of Trust. 2. Definitions. Capitalized terms used without definition herein shall have the meanings assigned to them in the Deed of Trust. 3. Full Force and Effect. To the extent not amended or modified herein, the Deed of Trust shall remain in full force and effect. 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be considered an original and all of which together shall constitute one and the same Amendment. First Amendment to Deed of Trust TITLE COMMITMENT 11111111111111111 Ell 1111111 III 1111111 III IIIII IIII IIII 3744608 01/1212011 11:33A Weld County, CO 2 of 3 R 21.00 D 0.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF. Grantor and Beneficiary have caused this Amendment to be duly and properly executed as of the date first set forth above. GRANTOR: O WELD DEVELOPMENT COMPANY, LLC,a Color o limited liability company a By: '- i t N . awrence Huddleson,Jr. a Titl : anager .a v BENEFICIARY: uui COMMUNITY BANKS OF COLORADO, a Colorado chartered commercial bank i— By: yf'k •,t4 U/ si/P Name:-Matthew Ruddy Title: Senior Vice President u STATE OF COLORADO ) SS. COUNTY OF_01__ _.(2 ___E„, ) /nJ The foregoing instrument was acknowledged before me this 41 day of December, 2010, by J. Lawrence Huddleson, Jr. as a Manager of Weld Development Company, LLC, a F1 Colorado limited liability company. ,,,"' 0 e. d. Witness my hand and official seal. r ' =F. F m t o\.81 T, My Commission Expires: RI3e/20I� / i-i'. O .p A. o rry Publi. l �N3'r... E '°'Mn,.n E U STATE OF COLORADO ) ss. COUNTY OF_ ) /� The foregoing instrument was acknowledged before me this/P(/ day of December, 2010,by Matthew Ruddy as a Senior Vice President of Community Banks of Colorado. Witness my hand and official seal. My Commission Expires:313b ID Z otary li it. .. 4 '.,pun.. ,•'popE I74.--irst Amendment to Deed of Trust 2 ,P/ "yNOF t 0 ,. h,,,,conimission Expires 08,13012012 cc TITLE COMMITMENT • IIINI 11111 llllli llil 1111111 111 1111111 111 11111 1111 1111 74468 01/12/2011 11:33A Weld County, CO 3 of 3 R 21.00 p 0.00 Steve Moreno Clerk& Recorder Exhibit A Additional Property PARCEL 2A: THAT CERTAIN PORTION OF THE N 1/2 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NW 1/4 OF SAID SECTION 16,N 88°38'25"E,337.80 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 9, 1994 AT RECEPTION NO.2387415,IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; U THENCE CONTINUING ALONG SAID NORTHERLY LINE,N 88°38'25"E,2281.71 FEET TO THE z N 1/4 CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NE 1/4 OF SAID SECTION 16,N 89° 13'47"E,529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3. 1985 AT RECEPTION NO. H 2003223,IN SAID OFFICE OF THE CLERK AND RECORDED;THENCE ALONG THE WESTERLY f•%J;., LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO.2003223.S 00°34' 11"E,499.83 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH I I,2005 AT RECEPTION NO.3267 740,IN SAID OFFICE OF THE CLERK AND RECORDER;THENCE ALONG SAID SOUTHERLY LINE,S 88°44'50"W,2807.32 FEET TO THE EASTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 9, 1994 AT RECEPTION NO.2387415;THENCE ALONG SAID EASTERLY LINE,N 01°00'00"W,500.00 FEET TO THE POINT OF BEGINNING. O PARCEL 2B: 9 THAT CERTAIN PORTION OF THE NE 1/4 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NW 1/4 OF SAID SECTION 16,N ar 3N 25"E,2619.51 FEET TO THE N 1/4 CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NE 1/4 OF SAID SECTION 16,N 89° 13'47"E,529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223,IN SAID OFFICE OF THE CLERK AND RECORDER;THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO.2003223,S 00°34' 11"E,699.89 FEET TO THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223 AND THE POINT OF BEGINNING;THENCE ALONG SAID SOUTHERLY LINE,N 89°25' 27" E,544.02 FEET;THENCE DEPARTING SAID SOUTHERLY LINE,S 00°34' 1 I"E,389.34 FEET; THENCE S 89°21'17"W,544.02 FEET TO A LINE THAT BEARS S 00°34' I I"E AND PASSES THROUGH THE POINT OF BEGINNING;THENCE N 00°34' I I"W,390.00 FEET TO THE POINT OF BEGINNING. First Amendment o Uwd of Trust 3 C' TITLE COMMITMENT 70 I11111111111111111111111III111111111111II1111111111111 3267794 0311112005 12:55P Weld County,CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk 6 Recorder RECORDATION REQUESTED BY: Community Ranks of Colorado Community Banks of Colorado-Baker Commons 277 N Broadway.Suits C Denver,CO 60203 WHEN RECORDED MAIL TO: Community Banks of Colorado Community Banks of Colorado-Baker Commons O.. 277 N Broadway,Suite C Denver,CO 80203 Yk "C SEND TAX NOTICES TO: Community Banks of Colorado CG Community Banks of Colorado-Baker Commons 277 N Broadway,Suite C FOR RECORDER'S USE ONLY E— Denver CO 80203 U ASSIGNMENT OF RENTS U .-7 THIS ASSIGNMENT OF RENTS dated March 10, 2005, is made and executed between Weld Development U Company, LLC,a Colorado Limited Liability Company, whose address is 9930 E Progress Circle, Littleton, CO 80111 (referred to below as "Grantor")and Community Banks of Colorado, whose address is 277 N Broadway,Suite C,Denver,CO 80203 Ireferred to below as"Lender'l. ASSIGNMENT. For valuable consideration,Grantor hereby assigns,grants a continuing security interest In, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located In Weld County,State of Colorado: A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 16,TOWNSHIP 3 NORTH RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE W 1/4 CORNER OF SAID SECTION 16 AND CONSIDERING THE SOUTH LINE OF SAID N 1/2 OF SECTION16 TO BEAR S 89 DEGREES 22' 37"W;THENCE N 01 DEGREES 12' 10" W ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 16, A DISTANCE OF 1991.97 FEET TO THE SW CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1440 AT RECEPTION NO. 2387415: THENCE N 88 DEGREES 57' 15" E, A DISTANCE OF 337.80 .. FEET TO THE SE CORNER OF SAID TRACT;THENCE N 01 DEGREES 12' 10" W ALONG THE EAST r LINE OF SAID TRACT, A DISTANCE OF 144.78 FEET; THENCE N 89 DEGREES 03' 53" E, A DISTANCE OF 2802.92 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN SCHOOL RIGHT OF WAY DESCRIBED IN DEED RECORDED IN BOOK 1062 AT RECEPTION NO. 2003223; THENCE S 00 DEGREES 16' 05" E, A DISTANCE OF 199.12 FEET TO THE SW CORNER OF SAID SCHOOL RIGHT OF WAY;THENCE DISTANCE F 390.00 FEET SW CORNER OF THE SCHOOL PARCEL SHOWN ON SURVEY RECORDED IN BOOK 1290 THE AT RECEPTION NO. 2241203: THENCE N 89 DEGREES 40' 40' E, A DISTANCE OF 544.02 FEET TO THE SE CORNER OF SAID PARCEL;THENCE N 00 DEGREES 14' 48" W,A DISTANCE OF 389.34 FEET TO THE SOUTH LINE OF SAID SCHOOL RIGHT OF WAY; THENCE N 89 DEGREES 44' 51" E, A DISTANCE OF 938.25 FEET TO THE WEST LINE OF THAT CERTAIN RAILROAD RIGHT OF WAY DESCRIBED IN DEED RECORDED IN BOOK 228 AT PAGE 96;THENCE S 20 DEGREES 47'47"W ALONG SAID WEST LINE, A DISTANCE OF 2090.06 FEET;THENCE S 89 DEGREES 22'37"W ALONG THE SOUTH UNE OF THE NE 1/4 OF SAID SECTION 16, A DISTANCE OF 1231.02 FEET; THENCE S 89 DEGREES 22' 37" W ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 16.A DISTANCE OF 2605.76 FEET TO THE POINT OF BEGINNING The Property or Its address is commonly known as TBD-Vacant Land,Mead,CO 80542. THIS ASSIGNMENT IS GIVEN TO SECURE f11 PAYMENT OF THE INDEBTEDNESS AND 121 THE PERFORMANCE OF ANY AND ALL DOCUMENTS.D ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE,THIS ASSIGNMENT,AND RELATED ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any'one action'or-anti-deficiency'law,or any other law which may prevent Lender from bringing any action against Grantor,including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency,before or after Lender's commencement or completion of any foreclosure action,either judicially or by exercise of a power of sale. BORROWERS WAIVERS AND RESPONSIBILITIES. Lender need not tall Borrower about any action or inaction Lender takes in connection with this Assignment. Borrower assumes the responsibility for being end keeping informed about the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender,including without limitation arty failure of Lender to realize upon the Property,or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with Lender no maser what action Lender takes or fails to take under this Assignment. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents,Grantor shall pay to Lender all amounts secured by this Assignment as they become due,and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long at there is no default under ion d manage provided rs thatsignment,Grantor the granting of thet riy ght to In in collectstheaRentsnshalcontrol not constitute operate and consent the epu use and collect of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of ell rights,loans,liens,encumbrances,and claims except as disclosed to and accepted by Lender in writing. 257,4„, TITLE COMMITMENT 111111111111111111111111111111111111111 I 111111111111111 3267744 0311112005 12:55P Weld County,CO 2 of 5 R 26.00 0 0.00 Steve Moreno Clerk 8 Recorder ASSIGNMENT OF RENTS Loan No: 1865401 (Continued) Page 2 Right to Assign. Grantor has the lull right power and authority to enter Into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Gramm has not previously assigned or conveyed the Rents to any other person by any instrument now In force. No Further Transfer. Grantor will not sell,assign,encumber,or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time,and even though no default shell have occurred under this Assignment,to collect and receive the Rents. For this purpose,Lender is hereby given and granted the following rights,powers and authority: 'y. Notice to Tenants. Lender may send notices to any and all tenants of the Prapeny advising them of this Assignment and L1 directing all Rents to be paid directly to Lender or Lender's agent. `r^ Enter the Property. Lender may enter upon and take possession of the Property;demand,collect end receive from the tenants or from any other persons liable therefor,all of the Rents;Institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. _-1 Maintain the Property. Lender may enter upon the Property to maintain the Property end keep the same in repair;to pay the costa thereof and of ell services of all employees, including their equipment, and of all continuing casts and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the Property. 'r�^ Compliance with Laws. Lender may do any end all things to execute and comply with the laws of the State of Colorado end also U - at other laws,rules,orders,ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms end on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate,either in Lender's name or in Grantor's name,to rent end manage the Property,including the collection and application of Rents. Other Acts. Lender may do ell such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and steed of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things,and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rams. Lender,in its sole discretion,shell determine the application of any and all Rents received by it; however,any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shag become a part of the Indebtedness secured by this Assignment,and shall be payable an demand,with interest at the Note rate from date of 2 expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute end deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property, Any termination fee required by law shall be paid by Grantor,if permitted by applicable law. LENDER'S EXPENDITURES. II any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents,including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents,Lender on Grantor's behalf may but shall not be obligated to)take any action that Lender deems appropriate,Including but not limited to discharging or paying all taxes,liens,security interests,encumbrances and other claims,at any time levied or placed on the Rents or the Property and paying all coats for insuring,maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will IA) be payable on demand; IBI be added to the balance of the Note end be apportioned among and be payable with any installment payments to become due during either (i I the term of any applicable insurance policy;or 131 the remaining term of the Note;or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shell be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following,at Lender's option,shall constitute en Event of Default under this Assignment: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Grantor defaults under any loan, extension of credit,security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to perform Grantor's obligations under this Assignment or any of the Related Documents. False Statements. Any warranty, representation or rent made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Colleteralizatlon. This Assignment or any of the Related Documents ceases to be in lull force and effect(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution of Grantor's(regardless of whether election to continue is made),any member withdraws from the limited liebilgy company,or any other termination of Borrower's or Grantor's existence as a going business or the death of any member, the insolvency of Borrower or Grantor.the appointment of a receiver for any pan of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,repossession or any other method,by any creditor of Borrower or Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Bonower'a or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding TITLE COMMITMENT 11111111111111111111111 I I 1111111111111 I I 1111111011111 3267744 03111/2005 12:55P Weld County,Co 3 0l 5 R 26.00 0 0.00 Steve Morello&Recorder ASSIGNMENT OF RENTS Loan No: 1865401 (Continued) Page 3 and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding end deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in en amount determined by Lender,'n its sole discretion, as being en adequate reserve or bond for the dispute. Property Damage or Loss. The Property Is lost,stolen,substantially damaged,sold,or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs endorser,with surety,rect cr t accomany modatitor,on party dies endorser,m becomes t , r accommodation party of any of the Indebtedness or any guarantor, incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. In the event of a death, YL Lender,at its option,may,but shell not be required to,permit the guarantor's estate to assume unconditionally the obligations Q arising under the guaranty in a manner satisfactory to Lender,and,in doing eo,cure any Event of Default. Adverse Change. A materiel adverse change occurs In Grantor's financial condition,or Lender believes the prospect of payment 0.)i or performance of the Indebtedness Is impaired. b1.1 Cure Provisons. If any default,other then a default in payment is curable end if Grantor has not been given a notice of a breech of the same provision of this Assignment within the preceding twelve 1121 months,it may be cured if Grantor,after receiving written notice from Lender demanding cure of such default: Ill cures the default within thirty 1301 days:or 121 if the cure V requires more than thirty 1301 days,immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. URIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Lender may exercise _ any one or more of the following rights and remedies in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due end payable,including any prepayment penalty which Grantor would be required to pay. Ci Collect Rents. Lender shall have the right,without notice to Borrower or Grantor,to take possession of the Property and collect U the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right. Lender shell have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney'in'fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same end collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lander may exercise its rights under this subparagraph either in parson,by agent,or through a receiver, Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of ell or any pan of the Property, with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale,and to collect the Rents from the Property end apply the proceeds,over end above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify e person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex pane application end without notice,notice being expressly waived. Other Remedies. Lender shall have all other rights and remedies provided In this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,end an election to make expenditures or to take action to perform en obligation of Grantor under this Assignment,after Grantor's failure to perform, shall not affect Lender's right to declare a dafauh and exercise its remedies. Attorneys'Fees;Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Assignment, Lender shell be entitled to recover such sun as the court may adjudge reasonable as attorneys'lees at trial end upon any appeal. Whether or not any court action is involved,and to the extent not prohibited by law,ell reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a pert of the indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law. Lender's attorneys'fees whether or not there is a lawsuit,including attorneys'fees and expenses for bankruptcy proceedings)including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the es. title icost of nsurance,and searching freor e Trust e,to the exbtaining title tant permitted y applicable law. Grts hncluding foreclosure l, surveyors'rantor also will pay any court costsrts, and ,in addition to all other sumo provided by law, MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Assignment: Amendments. This Assignment,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters sat forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing end signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Lew. This Assignment will be governed by federal lees applicable to Lander end,to the astent not preempted by federal law,the laws of the Stets of Colorado without regard to its conflicts of law provisions. This Assignment hes been accepted by Lender In the State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint end several, and all references to Grantor shell mean each and every Grantor,end all references to Borrower shall mean each end every Borrower. This means that each Borrower and Grantor signing below Is responsible for all obligations N this Assignment. Where any one or more of the parties is a corporation,partnership,limited liability company or similar entity,it is not necessary for Lender to inquire into the powers of any of the officers,directors,partners,members,or other agents acting or purporting to act on the entity's behalf,end any obligations made or created in reliance upon the professed exercise of such powers shell be guaranteed under this Assignment. Merger. There shall be no merger of the interest or estate created by this assignment with any Other interest or estate in the Property et any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Interpretation. I1) In all cases where there is more than one Borrower or Grantor,then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. 121 If more than one person signs this Assignment as 'Grantor,' the obligations of each Grantor are joint and several, This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person,Lender need not sue Borrower first, end that Borrower need not be joined in any lawsuit. 131 The names es given to vrte the paragraphs or sections in this Assignment are for convenience purposes only.They are not to be used to Interprovisions of this Assignment. No Waiver by Lender, Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the per of Lender in exercising any rightshall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of N h TITLE COMMITMENT 11111111111111111111111111111111111111111111111111111I I 3267744 0311112005 12:65P Weld County,CO 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk 8 Recorder ASSIGNMENT OF RENTS Loan No:1865401 (Continued) Page 4 Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender,nor any course of dealing between Lender end Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any fixture transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required end in all cases such consent may be granted or withheld In the sole discretion of Lender. O Notices. Any notice required to be given under this Assignment shall be given in writing,end shell be effective when actually delivered, when actually received by telelecsimile lunlese otherwise required by law), when deposited with a nationally recognized overnight courier,or,If mailed,when deposited in the United States mall,as first class,certified or registered mall postage prepaid,directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed et all times of Grantor's current ILQ c4 change Unless otherwise provided or required by law,if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to he notice given to all Gramme. Powers el Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. U Severablety. If a court of competent jurisdiction finds any provision of this Assignment to be illegal,invalid,or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. II feasible,the offending provision shall be considered modified so that it becomes legel,valid and enforceable. If t.J the offending provision cannot be so modified,it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality. validity or ,Z enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest,this Assignment shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes ❑J vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to the Assignment end the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. WAIVER OF HOMESTEAD EXEMPTION. Grantor hereby releases end waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Assignment. WAIVER OF RIGHT OF REDEMPTION. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON,EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shell Include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined In this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment. The word'Assignment' means this ASSIGNMENT OF RENTS,as this ASSIGNMENT OF RENTS may be amended or modified from time to time,together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time, borrower. The word 'Borrower'means Weld Development Company,LW.a Colorado Limited Liability Company;J Lawrence Huddleson;Michael A Richardson;and Clarence M Hughes. Default. The word'Default'means the Default set forth in this Assignment in the section titled'Default'. Event of Default. The words 'Event of Default'mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word'Grantor'means Weld Development Company,LLC,a Colorado Limited Liability Company. Guaranty. The ward 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word Indebtedness'means all principal,interest.and other amounts,costs and expenses payable under the Note or Related Documents,together with all renewals of,extensions of,modifications of,consolidations of and substitutions for the Note or Related Documents end any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Assignment,together with interest on such amounts as provided in this Assignment. Lender. The word'Lender'means Community Banks of Colorado,Its successors and assigns. Note. The word 'Note' means the promissory note dated March 10, 2005, in the original principal amount of $883,232.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,end substitutions for the promissory note or agreement. Property. The word 'Property' means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment'section of this Assignment. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word'Rents'means all of Grantor's present and future rights,title and interest in,to and under any end all present and future leases,including,without limitation,all rents,revenue,income,issues,royalties,bonuses,accounts receivable,cash or security deposits,advance rentals,profits end proceeds from the Property,and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. f-- TITLE COMMITMENT 11111111111 I I 1111111111111111111111111111111111111111 3267744 03/11/2005 12:56P Weld County,CO 5 of 5 R 28.00 D 0.00 Steve Moreno Clerk&Recorder ASSIGNMENT OF RENTS Loan No: 1865401 (Continued) Page 5 THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT.AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON MARCH 10.2005. GRANTOR: O WELD DEV LOPME COMPANY,LLC, COLORADO LIMITED LIABILRY COMPANY By: x � J L r Huddleson, Manse of Weld Development Company. LLC, a Colon Limited Liability Company CG U a LIMITED LIABILITY COMPANY ACKNOWLEDGMENT l L SCAMPORINO U STATE of D/6�^D b I NOTARY PUBLIC �C1 I SS STATE OF COLORADO U COUNTY OF - s June 9,2006 ea �l ly GDmmissrr-q ^ r On this bV!✓ day of 2"— 20 0 5 .before me,the undersigned Notary Public. personally appeared J Lawrence Huddlaaon.Manager of Weld Development Company,LLC,a Colorado Limited LlablOty Company,and known to me to be a member or designated agent of the limited liability company that executed the ASSIGNMENT OF RENTS end acknowledged the Assignment to be the free and voluntary act and deed of the limited liability company,by authority of statute,its articles of organization or its operating agreement,for the uses and purposes therein mentioned,and on oath stated that he or she is authorized to a c la Asm ant and in fact executed the Assignment on behalf of the limited liability company. By Residing et XX V 7 v Notary Pub c In end for the Stateof My commission expires _ w�nw+.arr.r.w w M IMI MY.I ••• .CO r,amwnu PC 1.1110 ma r TITLE COMMITMENT u 609 374460 7"III'�"llll'l'lll WI!!'I'l ll'I"I III�II'l ll'I II'I 1 of 3 Rom,:0.00 Steve Moreno Clerk 8 Recorder When recorded,return to: Community Banks of Colorado 3570 DTC Parkway Greenwood Village.CO 80111 o Ann:Matthew Ruddy INCAS-CC/17 l�n FIRST AMENDMENT TO ASSIGNMENT OF RENTS This FIRST AMENDMENT TO ASSIGNMENT OF RENTS (this "Amendment") is entered into this 21 day of December, 2010, between Community Banks of Colorado, a Colorado chartered commercial bank ("Lender") and Weld Development Company, LLC, a Colorado limited liability company("Grantor"). RECITALS F^ WHEREAS, Grantor executed an Assignment for the benefit of Lender dated March 10, 2005, and recorded March 11, 2005, at Reception No. 3267744 in the office of the Clerk and Recorder in Weld County,Colorado(the"Assignment of Rents"); and WHEREAS, the parties hereto desire to amend the Assignment of Rents to clarify the parties' intentions. AGREEMENT NOW, THEREFORE, in consideration of the Recitals, which shall be deemed to be a substantive part of this Amendment, and the mutual covenants, promises and agreements contained in this Amendment, the parties hereto do hereby covenant, promise and agree as follows: 1. Definition of Property.The definition of"Property" in the Assignment Section on page 1 of the Assignment of Rents shall be amended to include the property described on Exhibit A attached hereto and incorporated herein. All references in the Assignment of Rents to "Property" shall include the property described on Exhibit A attached hereto in addition to that property described in the Assignment of Rents. 2. Definitions. Capitalized terms used without definition herein shall have the meanings assigned to them in the Assignment of Rents. 3. Full Force and Effect. To the extent not amended or modified herein, the Assignment of Rents shall remain in full force and effect. 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be considered an original and all of which together shall constitute one and the same Amendment. First Amendment to Assignment of Rents 1 r TITLE COMMITMENT 111111111111�IlIII IIII 1111111 III 1111111 III 11111 IIII IIII 3744609 01/12/2011 11:33A Weld County, CO 2 of 3 R 21.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, Grantor and Lender have caused this Amendment to be duly and properly executed as of the date first set forth above. GRANTOR: o WELD DEVELOPMENT COMPANY, i- LLC,a Colora o limited liabi ity compan By: Na awrence Hud le on,Jr. Titl anager LENDER: COMMUNITY BANKS OF COLORADO, a Colorado chartered commercial bank v t, CV, By: ddNam(444 attud y Title: Senior Vice President STATE OF COLORADO ) )ss. COUNTY OF CiakparbQt ) The foregoing instrument was acknowledged before me this,(9 day of December,,, o 2010, by J. Lawrence Huddleson. Jr. as a Manager of Weld Development Company 1@ ..9oCw &'• Colorado limited liability company. ror r u \°i a ':€3 Witness my hand and official seal. �.• t= 4 a :`k o` v My Commission Expires: .Z net ,` ; /pi( s.) `�� of y Public, ((�, STATE OF COLORADO )ss. COUNTY OF air/0) The foregoing instrument was acknowledged before me this _ day of December, 2010,by Matthew Ruddy as a Senior Vice President of Community Banks of Colorado. Witness my hand and o�c I sseal, . 0k4.minty, My Commission Expires: e20/Z ' ° ' u 'bo t ge cg o . Public J �" i a ;kg s First Amendment to Assignment of Rents 2 r TITLE COMMITMENT �� M IM IIC 3744609 01/12/2011 11:33A Weld County, CO 3 of 3 R 21.00 D 0.00 Steve Moreno Clerk 8 Recorder Exhibit A Additional Property PARCEL 2k 0 THAT CERTAIN PORTION OF THE N 1/2 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY rY DESCRIBED AS FOLLOWS: cU COMMENCING AT THE NW CORNER OF SAID SECTION 16;THENCE ALONG THE 04 NORTHERLY LINE OF THE NW 1/4 OF SAID SECTION 16,N 88°3W 25"E,337.80 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 9, 1994 AT RECEPTION NO.2387415,IN THE OFFICE OF THE CLERK AND RECORDER OF SAID U COUNTY AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE,N 88°38'25"E,2281.71 FEET TO THE N 1/4 CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NE 1/4 OF SAID SECTION 16,N 89° 13'47"E,529.38 FEET TO THE NORTHWESTERLY CORNER OF THE H LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223,IN SAID OFFICE OF THE CLERK AND RECORDED;THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO.2003223,S 00"34' 11"E,499,83 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 11,2005 AT RECEPTION NO.3267740,IN SAID OFFICE OF THE CLERK AND RECORDER;THENCE ALONG SAID SOUTHERLY LINE,S 88°44'50"W,2807.32 FEET TO THE EASTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MAY 9, 1994 AT RECEPTION NO.2387415;THENCE ALONG SAID EASTERLY LINE,N 01°00'00"W,500.00 FEET TO THE POINT OF BEGINNING. PARCEL2B: THAT CERTAIN PORTION OF THE NE 1/4 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NW 1/4 OF SAID SECTION 16,N 88°38'25"E,2619.51 FEET TO THE N 1/4 CORNER OF SAID SECTION 16;THENCE ALONG THE NORTHERLY LINE OF THE NE 1/4 OF SAID SECTION 16,N 89° 13'47"E,529.38 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223,IN SAID OFFICE OF THE CLERK AND RECORDER;THENCE ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO.2003223,S 00°34' 11"E,699.89 FEET TO THE SOUTHERLY LINE OF SAID LAND DESCRIBED TN THE DOCUMENT RECORDED MARCH 3, 1985 AT RECEPTION NO. 2003223 AND THE POINT OF BEGINNING;THENCE ALONG SAID SOUTHERLY LINE,N 89°25' 27"E,544.02 FEET;THENCE DEPARTING SAID SOUTHERLY LINE,S 00°34' I I"E,389.34 FEET; THENCE S 89°21' IT W,544.02 FEET TO A LINE THAT BEARS S 00°34'11"E AND PASSES THROUGH THE POINT OF BEGINNING;THENCE N 00°34' 11"W,390.00 FEET TO THE POINT OF BEGINNING. First Amendment to Assignment of Bents 3 t\ r— PROPERTY TAX STATEMENT ACCOUNT# R3576805 REAL PROPERTY TAX NOTICE WELD COUNTTTREASURER aim P.D.WK..% PARCEL# 120716100060 2009 TAXES DUE IN 2010 ommast,co aama a I-) I TAY DLS R T Inn WELD COUNTY 22.03800 523400, 490.69 LAND 100691 29200 SCHOOL DISTREIJ 4626800 0.00000 1351.01 IMPROVEMENTS 0 0 NORTHERN COLORADO WATER( 1.00000 0.00000 29.20 PERSONAL PROP 0 0 ST VRAIN LEFT HAND WATER 0.18400 0.00000 5.37 SR/VET EXEMPT (0) (0) MEAD TOWN 1132200 0.28000 328.27 MOUNTAIN VIEW FIRE 11.74700 0.00000 343.01 NET TOTAL 100691 29200 HIGH PLAINS LIBRARY 325500 0.00000 95.05 TOTAL. _ NET LEVY=90 26 EXEMPTION (42.60 SENIOR OR Ill Making a Paymeat 02 Delinquent Payments GRAND TOTAL 2642.60) pl Payment Rama p4&S Senior m Veteem Exemplum u SB 23• ma gTS� m ajcndla have bees 0032100 Q SEE CORRESPONDING#ON BACK Of STATEMENT a The value of your properly for 2010 will not cheap from the W F value mown on this tax notice unless dm Ammon office seeds — youmay sppel of v value et'fa,e-mail, in pent'owmx CL the appeal devvc for dfgo-dote on ealpeermeu. Contact U the Anemia office fadEla and tminmthe appeal ptoaa. 4 U_ 7 PT N216.348 BEG W4 COR THENCE NOIDIO'W 1991.97'N88Di5'E 337.80NOIDIO'W No T 144.78 N89D0TE 2802.92 SOOD161E 199.12'SOOD14'E 390 N89D40'E 544.02'N00D14'W O 389.34'N89D44'E 93825 S20D47'W 2090.06 S89D2211/1231.02'5891322'W 2605.76 TO a POB(IMPS 84751386) First Half MAR 1,2010 1321.30 PROPERTY LOCATION: Second Half JUN 15,2010 1321.30 Full Payment APR 30,2010 2642.60 E make Chocks Payable fi: aro • WELD COUNTY TREASURER :> MWELD DEVELOPMENT COMPANY ISC-R3576805 • POST DATED CHECKS ARE NOT ACCEPTED AM GOCLARENCEHUOID'S __ _ Nyack.*wa prrp:preWS Nos bent this gateman,to mate 4011 LIONS PAW ST Me new wne et roam a as dace nuked TAM' 7 m=a� CASTLE ROCK CO 80104-7770 THE TREASURER'S OFFICE IS REOUWED BY LAW TO SEND p THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR P i TAXES ARE PAD BY A MORTGAGE COMPANY KEEP THIS MEM! NOTICE FOR YOUR RECORD. 82340AX.033 WELD: 0075222 WWI TOP PORGON FOR YOURPEDOROS _ Ynpe_IY Dc Y -- • wPawndpwt TOW,weo.n. YYade ,e bb weavepa.nnF`a°e°°��im°�b°°"'°'P 2009 TAXES DUE IN 2010 No RETURN THIS COUPON FOR SECOND HALF PAYMENTS 2nd Half Coupon > 2 'nNfl '�I�1I ,mII 1'11111 IBIf 1I�' ,ReI,un this coupon Mtn pnYn,enl io: ACCOUNT.NUMOER IIYIIII III L I FIN VIII VIII_ VIII IIII VIII All aeD COUNTY TREASURER REelaY',COce$0.1104111$0.1104111 To avoid di and penalties pay byanal fees the due date 83576805 pdgw,. 60471 1 AT 0.357 •0075222 Si OMER WELD DEVELOPMENT COMPANY LLC.R3576005 CIO CLARENCE HUGHES w :WAD CASTLE PAW ST CASTLE ROCK CO 80104-7770 fU SECOND IF DUE BY JUN 15,2010 132130 191P'hIIIIH1'I'I4h1I114H14IIII'I'11IPhNBI^'IIIIIIII Pap BY CO PROPERTY TAX STATEMENT TREASURERS mitre. IF YOU HAVE SOLD THIS PROPERTY.IORWARDTHIS STATEMENT-TO THE NEW OWNER OR RETURN TO OUR OFFICE MARKED`PROPERTY SOLD" COUNTY TREASURERS OFFICE IS RESPONSIBLE FOR COLLECTION OF PROPERTY TAXES ONLY REAL ESTATE.WATER.AND MINERAL TAXES ARE SUBJECT TO INTEREST. ADVERTISING,AND TAX LIEN SALE AFTER DELINQUENT DATES. TREASURERS OFFICE PH:(970)333.3895 EXT.3290 1720)652.4251 PERSONAL PROPERTY IS SUBJECT TO INTEREST.ADVERTISING.DISTRAINT.AND TREASURERS OFFICE FAX:0701 304.6435 SEIZURE AND SALE AFTER DELINQUENT DATES. WW W WTI TWAY COQ WWW CO WELL)COV'S TREASURER;PROPERTY TAX SEARCH MOBILE HOME TAX IS SUBJECT TO LNTERESI.ADVERTISING.DISTRAINT,AND SEIZURE AND SALE AFTER DELINQUENT DATES. II!MEP PAYMENTS PIYARI P TO. _, — WET D COUNTY TREASURER ATTENTION MOBILE HOME OWNERS: .4: THIS PROPERTY MAY NOT BE MOVED UNLESS ALLTAXES DUE ARE PAID ANDA MAIL TO: VALID PERMIT IS ISSUED FROM THE COUNTY TREASURER'S OFFICE VIOLATORS PO.BOX 154 WILL BE PROSECUTED.NO PERSONAL OIECKS ARE ACCEPTED ON MOBILE HOMES GREEEY.CO 50632A15$ BEING MOVED OUT OF WELD COUNTY. W P-' LOCATION: ASSESSORS OFnCF. 1400N ITTH AVENUE R' GREELEY.CO 80631 COUNTY ASSESSORS ARE RESPONSIBLE FOR THE VALUING OF YOI'R PROPERTY U .a ONLINE PAYMENT:WWWWFI RTA3(,5'OM ASSESSORS OFFICE PH:(9701353.3845 EXT.3650 Q ASSESSORS OFFICE FAX:1970)304-6433 CREDIT CARD D PAYMENTS ACCEPTED ON LINE (FEES OF 235 APPLY) LOCATION: 6400 N ITTII AVE Z CREDIT CARD PAYMENTS ARE NOT ACCEPTED IN THEOFHICE GRIiEIJIY.CI)10163 S ACM PAYMENTS ARE ACCEPTED ONLINE WWW.C9T WPM COMB:ASSESSOR U (FREE OF CHARGE) PSI GGNTA(TAccF_f911R OFFICE¢FC.A¢nf¢f'. H 2)IWI,V1GIFNT?An INTEREST AND OR OTHER PENALTY FEES APPLY TO ALL LATE PAYMENTS. CONTACT OUR OFFICE REGARDING THE CORRECT •SENIOR TAX EXEMPTION •DISABLED VETERANS TAX EXEMPTION AMOUNT DUE /APPLICATIONS/QUESTIONS /APPLIC.ATION/QUESTIONS MUST BE PAID IN US.FUNDS •DECLARATION PENALTY/QUESTIONS •REAL PROPERTY TRANSFER DECLARATION YOU MUST PAY WITH CERTIFIED FUNDS(CASH.CASHIERS CHECK.WIRE OR ACH) (TIMOR))PENALTY./QUESTIONS STARTING SEPTEMBER 1ST. 4&5)Senior citizens 165 and overland disabled ve,cm,s may apply for a property ac exemption FAILURE TO RECEIVE A TAX NOTICE.CLERICAL ERRORS.PAYING THE WRONG for fume yeas.Specific mks apply for each type of exemption.Please contact 4m Aucssoei AMOUNT.OR PAYMENTS NOT RECEIVED BY THE TREASURER'S OFFICE DOES NOT o(ft at 1970)353-3515 or go la our ucbsile at REMOVE A TAXPAYER'S LIABILITY TO PAY ANY TAXES.INTEREST OR LATE FEES To venfyeligibilu)'.fund Emma and feline requirmnreis. ? DUE ON A PROPERTY. YEARLY CHARGE/IT]5CIIERDLE: .! 3)PAYSIFNT RFCFIPTREOUFNT;INCLUDE A SELF ADDRESSED STAMPED hemming Charge for Real Mowery 550o•Aeeam ENVELOPE aaouma.it Ins Juan 5)O 00 m j 31s I-ROillmg Fa 5500AcemuM PLEASE PRINT YOUR ACCOUNT NUMBER UN ALL PAYMENTS AND Sepla_1•MW nmmanm SIOm A..oum CORRESPONDENCE Sep I5-Real Adenosine 5)0 OPAeemw POST DATED CHECKS ARE NOT ACCEPTED Oct 2-Mobile Urn Mumma Ma OrAccaw NO TAX PAYMENT IS FINAL UNTIL YOUR CHECK IS ACCEPTED FOR PAYMENT BY YOUR BANK Oa5-Tv Stabile In Advertising 510(*Aegean CHANGE OF ADDRESS - PLEASE PRINT IF YOU WISH TO MAKE A CHANGE IN YOUR MAILING ADDRESS,COMPLETE THIS FORM, AND INCLUDE WITH TAX PAYMENT ACCOUNT NUMBER(S) NAME NEW ADDRESS CITY STATE ZIP SIGNATURE an.—mac—. a 1` PROPERTY TAX STATEMENT WELD COUNTY TREASURER lti ACCOUNT# R3577205 REAL PROPERTY TAX NOTICE P.2009 TAXES DUE IN 2010 GReELLrv,co 8063244S. IS O.BOXES. a PARCEL# 120716100064 rsv nTeavTr-r lam WELD COUNTY 22.03800 5.234001 5.20 LAND 1083 310 SCHOOL DIST REIJ 4626800 0.00000 14.35 IMPROVEMENTS 0 0 NORTHERN COLORADO WATER( 1.00000 0.00000' 0.31 PERSONAL PROP 0 0 ST VRAIN LEFT HAND WATER 0.18400 0.00000 0.06 SR/VEI'EXEMPT (0) (0) MEAD TOWN 11322000.28000. 3.49 -ti. MOUNTAIN VIEW FIRE 11.74700 0.00000 3.64 NET TOTAL 1083 310 Q HIGHPLAINS.LIBRARY. 325500 '0.00000 1.01 TOTAL NET LEVY 90.50000 28.06 SENIOR OR VETERAN'EXEMPTION (0.00) B1 Maldna a Payment 42 Darman Payments LL) SB 25- In aab ce pf SGW�I.eeiala itom Pis GRAND.TOTAL- 28.06 43 Payment Receipt 44&S Seim m Verna Exemption a IFiioW I would haw been 6032100 C.) SEE CORRESPONDING R ON BACK OF STATEMENT .] The value of your propeny for 2010 will not change from the Q' value shown on this to notice unless the Aaaanoh office seeds U you a modes of value in May or hoe of 2010 Properly ones _... may appeal their value by fax,e-mail,letter,or Apeman.Co the Assessor's office ford=and times on the appeal process. 2 U W i MEA PT N2 16-3-68 BEG NE COR SEC 5891332'W 375.82'TO W LN RR ROW TH No - _ S20D4TW 755.75'TO TPOB TH 5891244'W 93825'SODI4'W 100'M/L N89D36'E 900.57 TO W LN RR ROW TH N20D47'E ALG SD ROW 105'M/L TO TPOB PROPERTY LOCATION: First Half MAR 1,2010 14.03 Second Half JUN 15,2010 14.03 Full Payment APR 30,2010 28.06 = a Make Caxb Payable To: L WELD COUNTY TREASURER TED Ir WELD DEVELOPMENT COMPANY LLC-R3577205.' (POSTwesold OWED Ma milady. paneNOT awe YOUIwe sold Wo Pmama etco etedpm WyseW g= PO BOX 69 Iunaarto _-._ uorewavmsrwmNm b mu aaoo mwwd'prowrvws• or WOLCOTT CO 81655.0069 w THE TREASURERS OFFICE IS REQUIRED BY LAW TO SEND N= THE TAX NOTICE TO THE OWNER OF RECORD. F YOUR TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS � - NOTICE FOR YOUR RECORD. _ 87937AX.035 WELD: 0079339 RETAFI Ten PORTION FOR YOUR RECORDS r..w rp,..e.e,n,..reR.eamusa,w Ten wo _. RWg Lim PmsM1 Feyammm NM Rya Ma4pl P. °^WR+^*'"'®°" 2009 TAXES DUE IN 2010 No RETURN THIS COUPON FOR SECOND HALF PAYMENTS 2nd Half Coupon > 2 IfI1I�I1MupN III IIIII�I I�IIH,'�IIIIH', p11Ilf�IIII' -Rm ,v nle lo,�ad dun n=vmfcm io...: ACLOuNTMUMBER' I�,141,IEI�►OIY�t111alII III III,IIII ill WELD P.O.BOX 450 To avoid additional fees and GREELEr,cOssnr.oass penalties pay by the due date R3577205 PROPERTY �R 72588 1 AS 0.360 •0079339 Si ct, WELD DEVELOPMENT COMPANY LLC•R3577205 POBOX 69 RECORD WOLCOTT CC 8165541069 SECOND HALE DUE BY JUN 15,20100 14.03 IF,IIIIIpFIlIIIuIIelbil lFhhlllllupgdgqlaepe Ht.I l,llt PAID BY C CC PROPERTY TAX STATEMENT TRVASIIRFRS OFFICE; IF YOU HAVE SOLD THIS PROPERTY.FORWARDTHIS STATEMENT TO THE NEW OWNER OR RETURN TO OUR OFFICE MARKED"PROPERTY SOLD" COUNTY TREASURERS OFFICE IS RESPONSIBLE FOR COLLECTION OF PROPERTY TAXES ONLY REAL ESTATE.WATER.AND MINERAL TAXES ARE SUBJECT TO INTEREST. ADVERTISING.AND TAX LIEN SALE AFTER DELINQUENT DATES. TREASURERS OFFICE PH:(970)353-3845 EXT.3290 (320)6524253 PERSONAL PROPERTY IS SUBJECTTO INTEREST.ADVERTISING.DISTRAINT.AND TREASURERS OFFICE FAX:(970)384A135 SEIZURE AND SALE AFTER DELINQUENT DATES. N'WWDEI FTAXCOM WWW CPI WEI I) O.1ISTREASURER:PROPERTY TAX SEARCH MOBILE HOME TAX IS SUBIECTTO INTEREST,ADVERTISING.DISTRAINT.AND SEIZURE AND SALE AFTER DELINQUENT DATES. I)MARFPAYMFNTRPAYARI PTO. WFI 0 COUNTY TREASURER ATTENTION MOBILE HOME OWNERS: _ THIS PROPERTY MAY NOT BE MOVED UM PSS ALL TAXES DUE ARE PAID AND A :l1. MAIL TO: VALID PERMIT LS ISSUED FROM THE COUNTY TREASURER'S OFFICE VIOLATORS P.O.BOX 458 WILL BE PROSECUTED.NO PERSONAL CHECKS ARE ACCEPTED ON MOBILE HOMES GREELEY.CO 806328153 BEING MOVED OUT OF WELD COUNTY. Cd W LOCATION: ASSEssnRS OF'F'ICE: rr, MOO N 17TH AVENUE — GRFFI FY.CO 80631 COUNTY ASSESSORS ARE RESPONSIBLE FOR THE VALUING OF TM TR PROPERTY a C.J ONLINE PAYMENT.W W W.WF1 DTA%MET ASSESSORS OFFICE PH:1930)353-3845 EXT.3650 ASSESSORS OFFICE FAX:19701304-6133 CREDIT CARD PAYMENTS ACCEPTED ON LINE(FEES OF 23%APPLY) LOCATION: I.fODNImiAVE U CREDIT CARD PAYMENTS ARE NOT ACCEPTED IN THE OFFICE GREFJRY.CO 10631 T:'. ACM PAYMENTS ARE ACCEPTED ONLINE SYWW.CO WV;O.rn 115:ASSESSOR (FREE OF CHARGE) )•QyhrT ASSESSOR OFFTgv RFGARMNC LLI 2)T W'.T INOIIENF PAYNSF'.N'FS.INTEREST AND OR OTHER PENALTY FEES APPLY TO ALL LATE PAYMENTS. CONTACT OUR OFFICE REGARDING THE CORRECT •SENIOR TAX EXEMPTION •DISABLED VETERANS TAX EXEMPTION AMOUNT DUE /APPIJCATIONSIQUESTIONS /APPUCATIONIQUESTIONS MUST BE PAID IN US.FUNDS •DECLARATION PENALTYIQUESTIONS •REAL PROPERTY TRANSFER DECLARATION YOU MUST PAY WITH CERTIFIED FUNDS 1CASH.CASHIERS CHECK.WIRE OR ACM (TD-10001 PENALTY.,QUESTIONS STARTING SEPTEMBER 1ST. 4&5)Senior citizens(65 and ova)and disabled veterans may apply for a psopeny tax exemption „ FAILURE TO RECEIVE A TAX NOTICE.CIFRICAL ERRORS.PAYING THE WRONG fa(ulu,0 yean.Specific rules apply fa each type of exemption.Pkase contact the Assessor's AMOUNT.OR PAYMENTS NOT RECEIVED BY THE TREASURER'S OFFICE DOES NOT office at(930)353-3845 or go to our w'cbsileat imiLcuTstsior _ REMOVE A TAXPAYER'S IJABIIJTY TO PAY ANY TAXES.INTEREST OR LATE FEES To verily eligibility.find forms and Ring rtquimrcw. DUE ON A PROPERTY. YEARLY CHARGE/FEE SCHEDULE: `, 3)pAYMFNT RFCFIPT RPOIWS .INCLUDE A SELF ADDRESSED STAMPED Moaning Charge fart-al Property SS.®'Acroum accounts with km than SID.99 in Lu ENYF'IAPE oats . July I.Rebillmg he 35.otinccoum PLEASE PRINT YOUR ACCOUNT MIMRFR ON ALL PAYMENTS AND Septe-I"MIT Ad.misiq SIOIq�Aaow CORRESPONDENCE POST DATED CHECKS ARE NOT ACCEPTED Sept 13-Rat AJvenising SIOONAccouel Oa2-Meblle to Distraint SI699Accoun NO TAX PAYMENT IS FINAL UNTIL YOUR CHECK IS ACCEPTED FOR PAYMENT BY YOUR BANK Om 59"mobile llm Adratinng SI0 Ataunt CHANGE OF ADDRESS - PLEASE PRINT IF YOU WISH TO MAKE A CHANGE IN YOUR MAILING ADDRESS, COMPLETE THIS FORM, AND INCLUDE WITH TAX PAYMENT ACCOUNT NUMBER(S) NAME NEW ADDRESS CITY STATE ZIP SIGNATURE co PROPERTY TAX STATEMENT ACCOUNT 8 R3576805 REAL PROPERTY TAX NOTICE WELD COUNTY TREASURER bAI. PARCEL 120716100060 2010 TAXES DUE IN 2011 P.O.SWAM TAX DISTRICT 1307 GREELEY.COaaaa7.ELv WELD COUNTY 22.03800 5.23400 490.70 LAND 100691 29200 SCHOOL DISTREIJ 46.83700 .0.00000 1367.63 IMPROVEMENTS 0 0 NORTHERN COLORADO WATER( 1.00000 '0.00000 29.20 PERSONAL PROP 0 0 ST VRAIN LEFT HAND WATER 0.18400 0.00000 5.37 SRNET EXEMPT (0) 40` MEAD TOWN 11.52200 0.00000 336.44 MOUNTAIN VIEW FIRE 11.74700 0.00000 343.01 NET TOTAL 100691 29200 HIGH PLAINS LIBRARY 3.28100 0.00000) 95.80 TOTAL NET LEVY a 91.37500 2668.15 • SENIOR OR VETERAN EXEMPTION (0.001 NI Making a Payment N2 Delingaenl Peynlena Legislative GRAND TOTAL 2668.15 R3 Payment Receipt N4&5 Senior or Wynn Exemption 23• M absence of State your School General Rand null levy would have been 76.36800 SEE CORRESPONDING NON BACK or STATEMENT [moil Verification Code:alxcXDwq I4 I4 C4 PT N2 16-3-68 BEG W4 COR THENCE NOID IOW 1991.97'N88015'E 337.80NOID10'W No U. 144.781489003'E 2802.92 SOODI6'E 199.12'SOOD IPE 390'N89D40'E 544.02'NOODI4'W -1 389.34'N89D44'E 938.25 520D4TW 2090.06 589022V 1231.02'S89D22'W 2605.76'TO POB U PROPERTY LOCATION: First Half FEB 28,2011 1334.08 1 Second Half JUN 15.2011 1334.07 1 Full Payment APR 30.2011 2668.15 U W F- Sake Cnxae Payable: WELD COUNTY TREASURER ® WELD DEVELOPMENT COMPANY LW-83576805 POST onreocxeFxsANENOT ACCEPTED Fi= 4011 CLARENCE AL•HUGHES DONS PAW ST n you Isms NISI w.onnen ..r.P+ .Mouse Ws UNmRIn P m CASTLE ROCK CO 80104-7770 Ire nene.ml of ton inG saw mined lowenr WM' t1 t THE TREASURER 6OFFICE IS REQUIREDSY LAW 10 SEND THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A MORTGAGE COMPANY KEEP TICE 82908AX.034 WELD: 007588_ NOTICE FOR YOUR RECORD. RETAIN TOP PORT W FOP TOOT RECORDS W^M1 Ynm.m a ea nWmtv mono.,IA. II .a.IWO.~'F........"...``...AT PA 2010 TAXES DUE IN 2011 No L vane vi'anat. RETURN THIS COUPON FOR SECOND HALF PAYMENTS 2nd Half Coupon > 2 n' n n NHwn,E,,coup(„oIR„_,„me,m ACCOUNT NOM DER IIIIiEIIII W�. DII II II IIpl01l P.O.BOX TREASURER To avoid pay nalthe fees and tlp1111 IIYN IIIIII IWII H u' penalties pay by the due date R3576805 GREELEY.CO LNS]NM 75581 1 AT 0.357 •0075881 51 MirWELD DEVELOPMENT COMPANY LLC•R3576803 ova a aniwRE PC.HUGHES ST m CASTLEROCKCO80101.7l770 SECOND HALF DUE BY JUN 15,2011 3334.01 ammo IIIIMI Flltll.d'141IIIIII IIIIIP.dnglldlllllldlnlllga PAN)BY IUIU TAX GS DUE IN 2011 —.—_.__ .... _No._.. _._.. mew Nt'unarm RETURN THIS COUPON FOR FIRST HALF OR FULL PAYMENTS Full Payment or 1st Half Coupon > 1 II.11 YIIIWIYYI aI1,I II IIIIIW1EYllII GREfLEY.C OIWOD,UURIRno PCCOi WELD COUNTY'TREAS To avoid additional fees and N penalties pay by the due date R3576805 FIRST HALF DUE BY FEB 28,20110 1334.05 WELD DEVELOPMENT COMPANY LLC•R3576805 OR CIO CLARENCE HUGHES FULL AMOUNT DUE BY APR 30.20110 26511.15 man 4011 LIONS PAW ST ce CASTLE ROCK CO 80104-7770 515010 N CC SS REV VII MRDMTRL PROPERTY TAX STATEMENT TRFASI'RFRS OFPIFr• IF YOU HAVE SOLD MIS PROPERTY.I ORWARDTHIS STATEMENT TO THE NEW OWNER OR RETURN TO OUR OFFICE MARKED'PROPERTY SOLD' COUNTY TREASURERS OFFICE IS RESPONSIBLE FOR COLLECTION OF PROPERTY TAXES ONLY REAL ESTATE.µ'AIFR.AND MINERAL TAXES SRI)SUBIECITO INTEREST. ADVERTISING.AND TAX LIEN SALE AFTER DELINQUENT DATES. TREASURERS OFFICE PIE 19)01!5!.1&5 EXT.3'W ORII 6..1457 PERSONAL PROPERTY IS SUBJECT 111 TNT RESTADVERTISING.DISTRMXT.AND TREASURERS OFFICE FAX:IWO),I14.M15 SEIZURE AND SALEAFTSR DE.INQUFTST DATES. NTS'N'WFlBT µllvrn.wriare ITS TREASURER:PROPERTY TAX SEARCH MOBILE HOME TAX IS SUBJECT TO INTEREST.ADVERTISING.OISIRAIYT.AND SFIZLRE AND SALE AFTER DELINQUENT DATES. II Mar PATTIFST I PA\'ARI FTpl µFDFO1aSlIRN ATTENTION MOBILE HOME OWNERS: THIS PROPERTY MAY NOT BE MOVED UNLESS ALL TAXES DUE ARE PAID AND A MAIL TO: VALID PERMIT IS ISSUED FROM TIE COUNTY TREASURER'S OFFICE VIOLATORS PO.BOX OR WILL BE.PROSECUTED.NO PERSONAL CHECKS ARE ACCEPTED ON MOBILE HOMES GREELEY.CDEEA-W5) MOOING MOVED OUT OF WFLO COUNTY. LOCATION: SIYTSSORS OFFICE: IupN ITTH AVENUE GREELEY.CORIMI I COUNTY ASSESSORS ARE RESPONSIBLE HIR THE VAh Udt DFYO R PROPBRTY fIN.I IYI:YN'SIIiNT.)\'µ\1'\YES IITAXF'OV ASSESSORS O OFFICE FAX I9R1))110 1'.' lO41 :ASSESSORS OFIICE FAX.(ullll R11 l,1!! CREDIT CARDOF 251 APPLY) ON FIVE REFSYPENTAPPLY: LOCATION: GRENET.CAVE CREDIT CARD PAYMENTS ARE NOT ACCEPTED INTNEOFACE GREELEY.N WAG ECHECK PAYMENTS ARE ACCEPTED ONUNE llWW.CO WFI HMI ISTFPARTAIFNFSI.S5W 5SDR CC SPREE OF CHARGE) fOSTARASSF5BOR°m6:RFLARO tiG 2)pp IKO'FNT PAYMF'N]S:INTEREST AND OR OTHER PENALTY FEES APPLY TO ALLLATE PAYMENTS. CONTACT OUR OFFICE REGARDING THE CORRECT •SENIOR TAX EXEMPTION •DISABLED VETERANS TAX EXEMPTION AMOUNT DUE /FORMS /FORMS MUST BE PAID IN U.S.FUNDS •DECLARATION PENALTYIQUES'TIOKS •REAL PROPERTY TRANSFER z INSCLARATNIN YOU MUST PAY WITH CERTIFIEDIVNOS'CASH.CASHIERS CHECK,WINEIR 11.1m0)PENALTY./QUESTIONS U ECHECKI STARTING SEPTEMBER 1ST. 4 @ SI 5111W Simms ley and ma)-disabled Glen's may apply for properly Da eaempiun FAILURE TO RECEIVE A TAX NO1ICE.CLLWCAL ERRORS.PAVING DIE WRING for future wen. wk.apply for mit lyre of eaanwi,ul.Please mmaal the Assegais E.,.. AMOUNT.OR PAYMENTS NOT RECEIVED BY THE TREASURER'S OPNCIi 01155 NOT Wye a 1970)353..31.43 errata ml lailsN youcoLindLOMISBIBRIORIIIIISHRMSWE REMOVE A TAX PAYER'S LIABILITY TO PAY ANY TAXES.INTEREST OR LATHIER, Thvmily cOPlWINy.RW Foams and filing aquinmenn. DUE ON A POPERTY. WANLY CIIARGEIFYLSCIILBULK: !I rA\lNFATRFCFIPT REMIND INCLUDE A SELF ADDRESSED STAMPED Pweionp OnOO klReal mgmy 1}mAmnn' ENVELOPEaconmis w010lm'Nn SW 00 taws bay SSW Aaavnl PLEASE PRINT YOUR ACCOUNT NI MBFR ON ALL PAYMENTS AND EIIIllinF Fee CORRESPONDENCE STG IS I EIII AJamnm1 11100 Aram, POST DATED CHECKS ARE NOT ACCEPTED sera 17-Real AthenwaI SHOO Atonal 3V' NO TAX PAYMENT IS FINAL UNTIL YOUR CHECK IS ACCEPTED FOR PAYMENT BY 7! )'SLnie .W�mnmP SID 1M YOUR BANK M) MnMN KG UiNai@ 'I la 4 CHANGE OF ADDRESS - PLEASE PRINT IF YOU WISH TO MAKEA CHANGE IN YOUR MAILING ADDRESS,COMPLETE THIS FORM, AND INCLUDE WITH TAX PAYMENT ACCOUNT NUMBER(S) NAME NEW ADDRESS CITY STATE ZIP SIGNATURE CHANGE OF ADDRESS - PLEASE PRINT IF YOU WISH TO MAKE A CHANGE IN YOUR MAILING ADDRESS,COMPLETE THIS FORM, AND INCLUDE WITH TAX PAYMENT ACCOUNT NUMBER(S) NAME NEW ADDRESS CITY STATE ZIP SIGNATURE ANNEXATION IMPACT REPORT ANNEXATION IMPACT REPORT AS REQUIRED BY C.R.S. § 31-12-108.5 (I). A map or maps of the municipality and adjacent territory showing the present and proposed boundaries of the municipality in the vicinity of the proposed annexation; the present streets, major trunk water mains, sewer interceptors and outtalls, other utility lines and irrigation and drainage ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and the existing and proposed land use pattern in the areas to be annexed; N The Annexation Map and the Zoning Map, copies of which are included with this submittal, have been created to identify the present and proposed boundaries of the Town of Mead, the existing and proposed land uses on the property to be annexed, and the general location of access points, buffer/transition areas, and the likely additional right-of-way areas for the future expansion of the surrounding road network. J (II). A copy of any draft or final pre-annexation agreement, if available; Not available at this time. Due to the size of the development and the large amount ofoff- site infrastructure, it is necessary for the developer to establish a specia/district to finance this deve/opment. This petition for annexation is conditioned upon the Town of Mead permitting the formation of the Mead Village Metropolitan District and/or a Special District. Please refer to the additional information section for detailed information on the proposed district(s). (III). 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 for the municipality at the time of annexation; As part of the Annexation Agrccment, municipal services will be provided to the area to be annexed. The property being annexed is Identified inside of the Mead Planning Influence Area, is identified in the Town of Mead Comprehensive Plan, and is a logical extension to the Town of Mead. Water: Public water will be provided by the Little Thompson Water District. Currently, there is an existing 6"water line along County Road 5, and existing 8"water lines along County Roads 34 and 7. Mead Village will likely comprise a network of 8"lines with one 12"line providing an Internal/oop to County Road 34. An 8"connection will be made to the 6"water line at WCR 5.A future 24"water main is anticipated to be built by the District along WCR 34 in the future. No timing on construction of this main is known. The District's distribution network currently has adequate pressure throughout. Pressure zone maps are being obtained, and PRV locations can be determined if any are necessary. Phasing should be taken into account to determine exactly when various services need to be constructed. For example, the commercial portion of the development will have the highest fire flow demand requirements, but is not scheduled for construction in the near future. Therefore many of the larger water system upgrades and off site installations do not need to be constructed during the beginning phases. In summary the preferred water service will be determined based on Little Thompson Water District requirements at the time of development review Sanitary Sewer: Public sanitary sewer will be provided by the Town of Mead.As outlined in the Towns existing sewer mapping and Master Sanitary Sewer Plan provided by JB Wright&Associates, an 8" sanitary sewer exists along WCR 7(7hird Street)near the WCR 7 and WCR 34(Welker)intersection. The eastern portion of the Mead Village site will connect to this main within WCR 7 via a short offsite extension. This existing WCR 7 sewer main outfalls to the northeast to the existing Mead interceptor located east of First Street. In the interim, Mead Village may outfall to the existing 8"main, however this main has limited capacity. As outlined in the Town Master Plan, a sanitary sewer main will need to be installed adjacent to County Road 7 to the existing Mead 12"or 15"sewer main located east of First Street(approximately 3000'in length). This offsite 12"-15"interceptor extension to the existing 12" mainline east of First Street will nccd to be completed at such time that the existing 8"main capacity cc ANNEXATION IMPACT REPORT (con't) is exceeded, The deve/opment that requires this main first will be responsible for the construction of the main. Reimbursement agreements will need to be developed for any secondary connectors to this interceptor main. The exact size of the pipe, and the exact of this offsite interceptor, Is not yet determined. Capacity analysis for the existing 8"main will be performed as development progresses. The WCR 7 interceptor line will eventually be extended south the entire length of WCR 7 by others, as part of the Towns master plan. An 8"sanitary sewer exists along WCR 34(Welker)adjacent to the schoo/site. The western and northern portions of the Mead Village site will connect to this main via an offsite extension in WCR 34 and internal sanitary sewer mains. The existing WCR 34 sewer main outfalls to the north through N the existing Town infrastructure to the existing Fairbairn Avenue 12"main, and ultimately the Mead treatment facility. This existing main also has limited capacity, and additional analysis will be completed In future phases of development review The applicant acknowledges that they must obtain a license for the sanitary sewer crossing of z the railroad right-of-way, and that it nccds to be a permanent license. If a license can not be reasonably obtained the applicant will find an alternate route for the sewer. a Storm Drainage: The storm drainage management plan for Mead Village will follow ideas presented in the Master Drainage Plan for the Town of Mead. The overall concept will be followed completely, but certain details such as pond placement, and outfall designs may vary. The Master Drainage Plan w is an overall planning tool, and should be considered a dynamic document in which certain details may change as development of the Mead area progresses. A Preliminary Drainage Report will be prepared as part of future phases of development review (iv). 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 (those municipal services supplied by the Town; As part of the Annexation, Mead Village is requesting the formation of the Mead Village Metropolitan District and/or a Special District as a method of participating in the costs of providing services to support the deve/opment of the project. We anticipate that the required offsite infrastructure will benefit additional development areas and that a cost sharing agreement will be put in place so that each development area will be required to pay a proportional share of the offisite infrastructure. (v). A statement identifying existing special districts within the area to be annexed; SCHOOL AND SPECIAL DISTRICTS (a) Saint Vrain Valley School District RE-1J (b) Mountain View Fire Protection District (c) St Vrain Leff Hand Water District (d) Town of Mead (e) Northern Colorado Water Conservancy District (f) High Plains Library (g) Weld County (h) Proposed Special District for Mead Village (vi). 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. We hove utilized the charts as provided by the Saint Vrain School District to determine the impacts associated with this annexation, they are provided in this section following this narrative. As required in the Voluntary Capital Mitigation-FDB-R for the Saint Vrain School District we anticipate providing the funds prior to or at the time of the recording of each final plat for units proposed within the subdivision. °9 ANNEXATION IMPACT REPORT (con't) MITIGATION OF IMPACTS ON SCHOOLS-SINGLE FAMILY-COST FOR ADDITIONAL CLASSROOM SPACE #OF SINGLE FAMILY UNITS PROPOSED 584 COST OF CLASSROOM STANDARD CLASSROOM SIZE-SF 1 190 CONSTRUCTION COST PER SF $160.00 TOTAL COST OF CLASSROOM $190,400.00 STUDENTS IN CLASSROOM U ELEMENTARY SCHOOL 100%OF CAPACITY 24 STUDENTS @ 125%OF CAPACITY 30 MIDDLE SCHOOL 100%OF CAPACITY 22 STUDENTS @ 125%OF CAPACITY 27.5 HIGH SCHOOL 100%OF CAPACITY 24.5 STUDENTS @ 125%OF CAPACITY 30.63 COST PER STUDENT ELEMENTARY SCHOOL $6,346.67 `' MIDDLE SCHOOL $6,923.64 HIGH SCHOOL $6,217.14 MEAD VILLAGE STUDENT YIELD PER DWELLING UNIT IMPACT ELEMENTARY STUDENTS PER UNIT 0.22 128.48 MIDDLE STUDENTS PER UNIT 0.10 58.40 HIGH STUDENTS PER UNIT 0.11 64.24 COST PER UNIT FOR CLASSROOM SPACE ELEMENTARY SCHOOL $1,396.27 $179,392.44 MIDDLE SCHOOL $692.36 $40,434.06 HIGH SCHOOL $683.89 $43,932.80 $2,772.52 $263,759.29 S451.64 IMPACT PER UNIT cc cc ANNEXATION IMPACT REPORT (con't) MITIGATION OF IMPACTS ON SCHOOLS -CONDO/TH -COST FOR ADDITIONAL CLASSROOM SPACE #OF CONDO/TH UNITS PROPOSED 175 COST OF CLASSROOM STANDARD CLASSROOM SIZE-SF 1 190 CONSTRUCTION COST PER SF $160.00 N TOTAL COST OF CLASSROOM $190,400.00 STUDENTS IN CLASSROOM ELEMENTARY SCHOOL 100%OF CAPACITY 24 STUDENTS @ 125%OF CAPACITY 30 ?, MIDDLE SCHOOL V 100%OF CAPACITY 22 STUDENTS @ 125%OF CAPACITY 27.5 HIGH SCHOOL 100%OF CAPACITY 24.5 STUDENTS @ 125%OF CAPACITY 30.63 COST PER STUDENT ELEMENTARY SCHOOL $6,346.67 MIDDLE SCHOOL $6,923.64 HIGH SCHOOL $6,217.14 MEAD VILLAGE STUDENT YIELD PER DWELLING UNIT IMPACT ELEMENTARY STUDENTS PER UNIT 0.07 12.25 MIDDLE STUDENTS PER UNIT 0.04 7.00 HIGH STUDENTS PER UNIT 0.04 7.00 COST PER UNIT FOR CLASSROOM SPACE ELEMENTARY SCHOOL $444.27 $5,442.27 MIDDLE SCHOOL $276.95 $1,938.62 HIGH SCHOOL $248.69 $1,740.80 $969.90 $9,121.69 552.12 IMPACT PER UNIT 00 COMPREHENSIVE PLAN CONSISTENCY MEAD VILLAGE ANNEXATION - DEVELOPMENT INFORMATION CONSISTENCY WITH THE TOWN COMPREHENSIVE PLAN The revised Mead Comprehensive Plan, dated March of 2009 has been utilized as a guide to future development. Residents participated in a Survey of what they thought that the Town of Mead should look like in 20 years, the results are highlighted below. i., 1. A safe community(65%) r 2. A family oriented community(56%) ¢ 3. A rural community(48%) w 4. A community of predominately single-family dwellings, limited number of apartments, Fy a condos,townhomes (48%) O 5. Having a reinvigorated old town area rich in character and heritage (44%) a 4 - When factoring only the Town residents'responses to the question,the top five remained the same, however, x' the desire for a rural community dropped from third place to fifth. The strong desires of the residents of the u county to remain rural impacted the overall response to this question. m Mead Village is identified in the Town of Mead Comprehensive Plan with two land use designations. The North West corner of the property is identified as CMU (Commercial Mixed Use), and the balance of the property is identified as SFR (Single Family Residential). - Frt.:- s Town u(Mead and a 1 Planning Influence Area L 1, Comprehensive Land i r YI I Ilse Plan ^r i-- f� �L r _. I. � .— LAND L�hE C11PA0NIEti , �. r 1i. _� vn his worms I k. �qqSr Iur l l+mm uam4w t l —ri„c 1t , --r •1 ®s,e.rr I,r..nw,l 5 ivargqgg'�,�,4. I _ H 1. 1 i r' F5' Ar„n1�1. gYar .eu�e.wl 1 • 1.^—'i' _ ' I aan,IginL S loud IseY� ! \i '`+. : r IOW kr.rnfinel Iv � I � t OMmm�YUAN Mead Village .1� 'e � � I r i_ I ' 1 'mil PIETA IW,WW Iwo. j4 4 1t4 Li:•t 1 -'h ^ + V a1;, eryn+ruY .. XY rd. Y@H {I)I' I pp t �,Y it p ®� `tuw� ti‘ �f6m.°tl ' I 6 r i y� � ,.11 1 1 * fu,np n.onn.lp rnl 4yt I ,1 i . /'V ww01.Imee,.nrml. ,,_"* I I w 04/ r,upw abrl+mefi.Ira, Ir -r �i�. �I�r -z_:-- s '.' ad GO COMPREHENSIVE PLAN CONSISTENCY (con't) -WELKER AVE ----.~.—"'". -....L„ `a "1 " rst,_.rp.L7•u .,„'" ' ' t, is ' s • ` //// //' r. • i' _; " I MEAD i,iME, ' " '� I MIDD�E ELEMENTARY _jt tr.� seHO L SGeHOOL r t A." .t �- •;fit^ 10. _ :=1- • •_—. _!fi r :rn - __ tL lit 2 -t CENTRAL F 41, d" 4 {�j1 ' '‘i'l.\ .wr AMENITY . � i` U �� '" (Comp Plan) z •'•••.•„; -4....,, wog z� RSF-4 �� 0- (Proposed) z • I .J (s. 147.8 ac. \ -` 4e- I t �� ,t o �. q • , i jili, 4.4 Mead Village Proposed Annexation and Zoning ��. . _. ii-7 .., ...i -- --- • :71 4 . - - . _.„.....____,.._. ... ■sitifi; �3 tJ `-r:l■ MIC all la • ii li . [ „M.I . ... 1 SM �V SiA. Cti• G� ■ 114t• n i pp ' �� v r r, i�' i II •. I.I s , I, .MI I n'''''''''' '..", 1 , % ,,, , I i ..Town of Mead Comprehensive Plan COMPREHENSIVE PLAN CONSISTENCY (con't) Commercial Mixed Use(CMU) -Comprehensive Plan Designation Desired Attributes • Developments that let you know that you are in Mead, Colorado rather than any place USA are preferred. • Franchise developments should be designed so as to reflect that this is Mead, Colorado through the use of appropriately scaled signs and facade treatments. • Shopping goods and services for surrounding neighborhoods • Designed to provide a buffer or transition from streets with heavier traffic to residential neighborhoods. U • Accommodates easy access to goods and services by pedestrian and cyclists. • Development contains pedestrian connections and amenities to surrounding u neighborhoods, parks and recreational facilities. ,-.1 • Development or redevelopment projects that enhance the character of the community, and foster u uses that are complementary to the downtown core of the community, z • Developments should provide a landscaped buffer along the street edge and provide other site Z u amenities. w Desirable Uses • Small scale retail • Professional offices • Live/work developments • Professional services • Medical offices, critical care facilities and satellite hospital facilities < • Institutional uses and facilities 7 • Medium density housing at densities between 8-12 units per acre - -Rr ,..- b �` Fr r `� ' In our discussions with 1441,11-- 4 e� ::: `u'(21.. TI( �! �� 1 the Town it has been `•: . . I 1` ; , !' * II : i II 1 4. r .�- suggested that the ',\ cit! ,', "ii i" ,.'Iv. , l ,'X' 5 ' r.i.r, �W. ��, appropriate straight `4; , —..- _�. ='r' ,r� l '' r zoning district that would • __-- _ t comply with the desired L - , ' .., attributes and uses of the :r'' CMU district would be HC �t . Y - Highway Commercial. The Highway Commercial district is intended to accommodate retail, office and service uses conducted entirely indoors. The district promotes well-designed development on sites that provide excellent transportation access. This district typically is located adjacent to major arterials. T COMPREHENSIVE PLAN CONSISTENCY (con't) 6 TIONMEMONIMI I P it IV IV Single Tenant Signage ti Single Tenant Single Tenant Sin II �ee_4 gle Tenant Signage Signage Lki'� �� Sgnage t I� Sri----u--I•—II!I.II!II!' f -r.�r�� -: i_f C 1 I I i - 0 _ - , _____, IHighway Commercial District • Developments that let you know that you are in ` N Mead, Colorado rather than any place USA " ..t.., are preferred. - `- f • Franchise developments should be designed so as to reflect that this is Mead, Colorado L — through the use of appropriately scaled Tenant signs and facade treatments. !!'' i • Accommodates easy access to goods and I , E I Tenant - ,4 services by pedestrian and cyclists. ; i ` 1- • Development contains pedestrian pedestrian connections and '! � �' Tenant --"`' ' , i amenities to surrounding neighborhoods, parks and ti...,., 9 ';'fit �I . ''"' recreational facilities. �r'.,' L. - - -,, r.�- _ 2 • Developments should provide a landscaped . ✓ ----' , _,, -.. "i buffer along the street edge and provide other site ~ --- 4 ` " A' Q u amenities. • i. .ir , . -Irt N4 . :-,1 6, ,, , AlLI ; l'h --7. -7.-frIrtli , ;_i_14 1.,,, - .t S c 6r '.�°{ '*, y :', � ,f tom .,..,-4.','S-7^ -___7_,,., - +�=1 I 4 r sv �p .406-#a" A. 'L 7" 4y •1.�t dr.�: 1 'p'1 1i. r ._ r-c • t• 1� _ I� «..�,"1 'fir � ! �. tom .-.� It'" �.'' - ..Y�� I� t:; x t 4 ,. t\Y, h. , - • Y _ e•�.-.�.•--"a.,.- _— tire, �- ^` :,. �� . 1' ,r,? rr jam' ''-.:fir ®\ .:. f 1'rt, i Z I„le Il ,1}x . c r Pi`i, ill t},.e: r f { '1,4'...' - J —: -v+ "S;;;rrtii oll ,1,11,.."!1, 1i.`'#,; dj1r'1 yn1i I M,I ,, I d x: t One of the desired attributes of the CMU Comprehensive Plan designation is medium density housing at densities between 8-12 units per acre. The Mead Village proposed zoning Includes an allowance for up to 175 single family units in this 37.44 acre parcel. It is anticipated that the Jorgenson Parcel will eventually be annexed and zoned HC,which would bring the total acreage of this area to approximately 41.31 acres. If approximately 50%of the 41.31 acres is utilized for residential -approximately 20.65 acres with an approximate density of 8 du/ac is proposed. a COMPREHENSIVE PLAN CONSISTENCY (con't) , ,..,. `' 51k41?� RSF-4-Zoning District r o-..","„-. �- �„ „,' � In support of the goals of the Comprehensive Plan _Y. T z.:;• - we are proposing that this area be zoned RSF- _ ,�J ,- v 4 with an allowance for the clustering of lots to ' -."• , ,;.1r ,r , provide flexibility in supporting the stated desire for z'.. e a variety of housing styles and sizes, and a range ^,_, - '„ of lot sizes. - : t 117,., The proposed zoning will limit the density to y ( L 4.0 units per acre for the approximately 148 acres, �, a ,,,4-4 i- ,4 , providing a maximum density of 584 Single Family -.C r. ,> 1: L, ..,,i44 Residences. z ' ''„,;:-;., / , 1 \ \\.\\ I l \ 'Cookie Cutter Subdivision' A pod of single •y af•, Y Cul-de-sacs and This diagram depicts a subdivision that lacks a ac: purpose development . - lack of connectivity variety of lot sizes and housing styles. < .r � ' ,• This diagram does not depict an adequate transition forperimeter lots because the lots are all << Houses set far rir ,� '`�` the same size. _ ! z back from street ' z * �* 'y. •J_3".1 �y- -s ,,� ': � � Open space, parks and trails are depicted as �, � remnant parcels, are not Integral to the subdivision \, ' ice �. - and are not designed to provide pedestrian - y v,* connectivity. Garages and driveways "f !i '^'"`1 -- �n'y front the street ,kyle . Lots and houses are Road network does not promote connectivity. % '.... all close to the same size / I l''4', l' ,,".1,._.^� Y liii • 'Mead Village Vision' ' . We are not proposing attached housing in the SFR "' A variety of uses ,, ,w, s v. ti , 3 r: An interconnected area, however,this diagram depicts our intent to � r - .\'•- network of streets i provide a variety of lot sizes and housing styles in ` " ` the overall neighborhood. ok - "" ;_ " 14:.:--Y A variety of lots sizes will promote a logical I � r� . ""� ' a .`'L -'�" transition to existing/platted adjacent lots of a I-^' ri 0fi; . • ,_ -;--, ••----, disparate size. 4 )r-V) '•� . 1✓_=L,, Avarietyof '''' ;f r, ► ••. dwelling ty•es Open space and parks are integrated into the j=c a..w - • neighborhood, are easily accessed by residents ,, ,�; °-„¢:, and provide access to community amenities. Building types vary j even on the same block• Green space close by Interconnected road network integrates with the eve dwellin ".P.'4,. �� `�- },A existing town road network. T COMPREHENSIVE PLAN CONSISTENCY (con't) WELKCR AVE. Y'.. ril i 9 be• 1 a YI -'4' 0A- 'A-J 1 T:. N'4;MU q a, r .::.ra '• ' n..g 6 4 'r G) 11 r ., , e; Summary • t • The proposed zoning best matches CCNTRlC ,dill , ��lllli,, nrnENtTr ��--- the intent of the Town of Mead ''''''',0.7„,`',,t,.:.WD,�. SFR.(Comp �7, Comprehensive Plan goals and desires. ,+ ".. -R -4(Proposed • �, 9�S ='6'iV�' �;' 4,-'-:;+` No• 2 ., • Further detail about specific site 1r a . design will come at a future date; ?�'{ �r`�'� au,t,� s f��P �',1 - however, the property will be included 4 in the Town of Mead and zoned to DTs .Jr J flli nit iA TO r A I.,;„ ...k;?, /f//�'i,. .E T�p,,J a.41, 41-•---- support the Comprehensive Plan. _ Mead Village Proposed Annexation and Zoning • Even at the zoning stage several U 9 p stated desires of the Comprehensive z _ ' Plan can be seen including a x alp .. .. - +� , coordinated landscape buffer along Welker Ave., a centralized amenity in { the residential area,trail connections I along the Highland Ditch,a pedestrian connection through the residential ''... ,)er community, excellent site access, __ '� S' 1 -" buffering and access to our neighbors. ' - e i Q •'1 1 1YTiil��7�If yl t E. !11 ry5. 1 \_ \Leis.... Town of Mead Comprehensive Plan .t ---"'1' i i ci _ , . - , I, Variety in Lot size, House 1i]jJ .. ��z OQ 1 size, and style can be best r accommodated in the -., �,. Y ,. i`aio7rra� r F_411,.: a. proposed zoning with the - - addition of the allowance lir 1 4_ � � � � o i d��: for 50'wide lots. ` 04-1 I 1; . — ^ rte , '°'Biel' ` -t .� / , J WATER RIGHTS MEAD VILLAGE WATER RIGHTS The applicant understands the requirement to provide a Special Warranty deed for Non-Tributary Water Rights and will execute the deed after completion of the annexation.A completed Special Warranty Deed is attached. v SPECIAL WARRANTY DEED NON-TRIBUTARY AND NOT NON-TRIBUTARY GROUNDWATER THIS DEED, made this day of, 2011_, between WELD DEVELOPMENT COMPANY, LLC, 8000 S. Chester St# 240,Centennial, CO 80112 of the County of Douglas, State of Colorado,grantor(s)and the Town of Mead, P.O. Box 626, Mead, CO 80542,of the County of Weld,State of Colorado: v WITNESSETH,that the grantor(s),for and in consideration of the sum of Ten dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed,and by these presents does grant bargain,sell,convey, and confirm, unto the grantee and Its successors and assigns forever,all the real property,together with Improvements, If any, situate, lying and being In the North of Section 16,Township 3 North, Ranae 68 West of the 6'h Principal Meridian, EXCEPT the following parcels described in Book 359 at page 220. Book 575 at Reception No. 149693&and Book 1440 at Reception No. 23874 15,County of Weld, State of Colorado, described as follows: All non-tributary and not non-tributary groundwater as defined by C.R.S. §37-90-J03,whether 5 adjudicated, unadJudicated, permitted or unpermitted, underlying the properly described in Exhibit A attached hereto and incorporated by reference herein. a Also known by street and number as:vacant ground assessor's schedule or parcel number: 120716000055. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title, interest,claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained water rights,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said water rights above bargained and described with the appurtenances, unto the grantee and Its successors and assigns forever.The grantor(s),for itself, Its heirs and personal representatives or successors, does covenants and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained water rights in the quiet and peaceable possession of the grantee, and its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. Owner: Date: /D, to 7/ STATE OF COLORADO )SS, COUNTY OF DOUGLAS WATER RIGHTS con't The foregoing instrument was acknowledged before me this (y day of Ceii$141011 by the WELD DEVELOPMENT COMPANY, LLC, 8000 S. Chester St# 240, Centennial, CO 80112, Lawrence Huddleson as Manager. JENNIFER A.PRESTWICH Witness My hand and official seal. NOTARY PUBLIC STATE OF COLORADO Expires:March 01,2014 et / My commission expires: 3/ /1/41 ; Not P Legal Description: U m North of Section 16,Township 3 North,Range 68 West of the 6 Pnncipai Meridian, County of Weld, State of Colorado, EXCEPT the following parcels described in: Patent recorded in Book 359 at page 220; Patent recorded In Book 575 at Reception No. 1496936; Patent recorded in Book 1440 at Reception No. 2387415; c ALSO EXCEPT THOSE RIGHT OF WAYS AS SET FORTH IN INSTRUMENTS RECORDED IN: a Book 1062 at Reception No. 2003223; and In Book 1062 at Reception No. 2003222;and in Book 1290 at Reception No. 2241203 County of Weld, State of Colorado rn PROPOSED ZONING MEAD VILLAGE PROPOSED ZONING We have included the required zoning map with the submittal package. As has been discussed in this narrative we have attempted to define the zoning parcels based on the Comprehensive Plan Map and Narrative. ,r, r 'i W VE- r i L''',LV".I...._ 'L'L . IL / .‘ 'a Z.--14A-. ' ELkCER A , x4 alb j -f :;NJFF yR r. t I MEAD �[ut10) '' MIDDLE" F ELE'1 TL RI '�� r �t I SC;jM�OL, CFHQ 0 L : .:,� CJ J �' , Z 'PA-4 - (35 AC.y); t ' T ' , itIt • , Z CMU (Comp Pl. - w .1,* ' p HC (Proposed) °� CENTRAL ;y, r H AMENITY �� rfD DITCH.. .,e .,, � . _ Q �� y rL 0 .. SFR (Comp Plan) z > s RSF-4 (Proposed) w ° v° '4 f� � �4, R T L•S /..al^-11.7..14.4t1''''''1"6474- .„,,,,I, �..,, 4, -, .l i ' « l: Mead Village Proposed Zoning ANNEXATION ASSESSMENT REPORT MEAD VILLAGE ANNEXATION ASSESSMENT REPORT Per the Town of Mead requirements we are pleased to present the Annexation Assessment Report as part of this overall application. The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities. It shall detail the need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed,The narratives shall be one or more paragraphs in length, and adequate to fully explain the needs, concepts and w proposed solutions for each of the following: v (I) -An assessment of the community needs for the proposed annexation and land use; a s Statement of Community Need The Mead Comprehensive Plan, drafted and approved in 2009 as a guide to future development H identifies four major goals of the comprehensive planning process-predictability balance, flexibility, and implementation, as discussed below it is the intent of Mead Village to help in achieving these goals. The Mead Village properly has been identified in the Comprehensive Plan, and is a logical extension to the Town of Mead as identified in the Town growth plans. Our proposed annexation and associated zoning follows to the greatest degree possible the goals and desired attributes of the land uses identified in the Comprehensive Plan for the property. In this way we believe that we are helping achieve the four major goals of the Comprehensive P/an-predictability, balance, flexibility, and implementation. (II) -The economic impact to the municipality of the proposed annexation.This is to include an analysis of short-term and long-term municipal revenues to be generated by the development, short-term and long-term municipal expenses likely to be incurred as a result of the annexation and development and proposals to mitigate any negative impacts; Mead Village represents a unique development opportunity that will provide a multitude of economic development opportunities for the Town of Mead. The 35 acre mixed-use commercial development zone along the main traffic corridor adjacent to the existing Town will complement existing commercial development as well as provide space for new businesses that will generate sales tax revenues for the Town and jobs for the residents of Mead. In addition as identified in the Comprehensive Plan the existing 5 acre out parcel will add to the 35 acres on Mead Village at some future date, bringing the total potential acreage to 40 acres. While the current economic environment may not support this amount of commercial development today it is important to recognize that our proposal helps facilitate this land use as identified in the Comprehensive Plan. This commercial area will support the community and potentially introduce the concept of a Town Center with employment and civic uses for both the existing citizens of Mead, as well as the future Mead Village residents. Residential diversity will be created through a variety of housing Types and prices that will connect ANNEXATION ASSESSMENT REPORT (con't) Mead Village to the existing town core, schoo/s, and community services thereby strengthening existing services and enhancing community livability. The Town of Mead will also benefit from increased revenues generated from building permits, fees, properly taxes, etc. (III) -The school impact including an estimated of the number of students to be generated by development of the property, capital construction required to educate the students, and proposals to mitigate any negative school impacts; We hove utilized the charts as provided by the Saint Vrain School District to determine the impacts associated with this annexation, they are provided in the annexation impact section of this document As required in the Voluntary Capital Mitigation -FDB-R for the Saint Vrain School District � we anticipate providing the funds prior to or at the time of the recording of each final plat for units proposed within the subdivision. Based on the charts provided by Saint Vrain School District It is r, anticipated that If Mead Village were built to its full zoning potential It would generate approximately 131 Elementary Students, 64 middle School Students and 75 High School Students. (IV) -The impact on the existing transportation system and proposals to mitigate any negative transportation impacts upon the community(arterial and collector street improvements, intersection Improvements, m intersection signalization, alternative modes of transportation, etc.) Street Master Plan: The proposed street network identifies a main collector street or contra/"spine" between WCR 34 and WCR 5, with an additional internal looping road system and proposed future connections to adjacent properties. In contrast to the Mead Roadway Master Plan, an east/west collector is not being proposed. Not on/y are East-West arterial connections already provided to the north and south of Mead Village in the form of WCR34 and WCR32, but it would also require additional crossings of both the Great Western Railway and the Highland Ditch. In addition to these constraints, such a roadway connection would be limited in Its effectiveness due to the location of an existing lake on the East side of WCR 7. In addition the property ownership does not include land to facilitate this. The remaining roads interior to the residential neighborhoods are anticipated as local streets. Additional intersections planned along WCR 34, and WCR 5 would be aligned with adjacent proposed developments as required for increased connectivity throughout the town core. These Intersections, and a series of gridded, local streets within the proposed deve/opment, will improve vehicle trip distribution. As a result, it Is the applicant's Intent to construct collector streets with an expanded ROW for inclusion of a large median at the main entrance to the community. The co//ector streets at Mead Village are anticipated to accommodate neighborhood traffic and to disperse it appropriately. As identified in the Mead Transportation Plan, the local streets interior to the neighborhoods are proposed to consist of a 36'flowline to flowline section, which will include parking on both sides of the local streets. During the time of development review we Intend to propose modifying the ROW to include the road from back of curb to back of curb, the parkway and walks would be included in a utility, access, and landscape easement The goal behind this modified road section is to provide a functional local street section that allows more land in residential lots, rather than being in roadways. This is a variation from the town's existing street standards;however, this proposal reflects the town's goal of reinforcing their community within the Mead Service Area. It is also reinforced by the application of traditional neighborhood design principles in place of conventional suburban standards. ANNEXATION ASSESSMENT REPORT (con't) (V) -The impact of the proposed development on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community(historic rainfall drainage patterns, detention and retention areas, storm sewer requirements, discharged irrigation ditches, floodways and floodplains, etc.). This preliminary drainage report has been prepared for the Weld Development Company, LLC in order to outline an effective storm water management plan for the land proposed to be Mead Village. This report presents a preliminary look into the existing drainage characteristics of the Mead Village Site and how development will change those patterns. The ideas presented in this drainage report originate from the findings presented in The Town of Mead Master Drainage Plan completed in 1998 by The Sear-Brown Group. LLa cG The land proposed to be the location of the future Mead Village is a part of the North of Section 16, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. Bounded a=- on the north and west by Weld County Roads 34 and 5, and on the east by the railroad tracks, the site is located just south of downtown Mead. Railroad tracks exist along the eastern boundary of the u site. The Highland Ditch traverses the property along the southwest boundary. Other irrigation laterals originate from the Highland Ditch and disperse water throughout the properly. There is an existing house near the center of the site that is proposed to be removed. With the exception of the existing F farmhouse, the entire 181 acre site Is currently undeveloped agricultural land. Existing drainage patterns seem fairly straight forward on the overall planning scale, but the irrigation ditches, laterals, and the railroad make drainage more complicated when focusing on the site in more detail. Generally, most of the site s/opes in the northeasterly direction toward railroad tracks with grades ranging from about 0.5%to 2.5%. On-site runoff draining to the east crosses the railroad tracks at three locations where there are existing drainage pipes that discharge flows to the property to the east and eventually the WCR 7 roadside ditch. The WCR 7 railroad ditch slopes north toward 5, downtown Mead and terminates at the intersection with County Road 34. From This intersection, the drainage direction is to the east a/ong County Road 34. The southwest portion of the site, isolated by the Highland Ditch, naturally slopes to the south where runoff currently discharges onto the adjacent property Following development, detained runoff from the site will continue to discharge as It does in the existing state. Detained runoff from the remainder of the site will ultimately outfall near the intersection of Weld County Roads 34 and 7. Pond sizes and final re/ease rates will be determined In later reports; however, the final drainage plan for Mead Village will generally follow the Mead Master Drainage Plan. Detained runoff from the site will be conveyed to Iwo on-site detentions ponds(A and B)and ultimately outfall near the intersection of Weld County Roads 34 and 7. Detention Pond A is being planned for the northeastern corner of the site adjacent to the schoo/'s western boundary Detention Pond B is being considered just south of the existing school site and adjacent to the railroad. Stormwater from a large portion of Mead Village and the schoo/s would be directed Into the pond. One off-site basin(Basin OS)is being accounted for adjacent to the site's northwest corner for an existing out-parcel. For planning purposes, historic developed flows will be accounted for from Basin OS. Future development of this parcel will require on-site detention to attenuate developed flows. The Highland Ditch will remain undisturbed, but it is undetermined what will happen to the other irrigation laterals as development of the site progresses. Open space corridors are currently being contemplated along the main irrigation ditches and laterals. The improvements proposed with this site will attenuate developed Stormwater runoff and will mitigate impacts to downstream ANNEXATION ASSESSMENT REPORT (con't) storm water infrastructure. At this point it seems an effectWe storm water management plan can be implemented at Mead Village that would not have any negative impacts on any downstream areas. NI) -The impact of the proposed development on the Town's Law Enforcement Agency or Police Department and proposals to mitigate any impact upon the existing police services(special security needs, additional officers required, additional equipment requirements, etc.); Low Enforcement: Law enforcement will be provided by the Town of Mead and the Weld County Sheriffs Office. We do not anticipate any negative impacts associated with this proposal based on the fees that will be paid throughout the duration of the project and the tact that the properly has been identified as a growth area. 2 (VII)-The impact of the proposed development on the appropriate Fire Protection District and proposals to mitigate any impact upon the existing fire protection services(special fire hazards, fire prevention,fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, etc.); Fire Protection;Fire protection will be provided by the Mountain View Fire Protection District. We do u w not anticipate any negative impacts associated with this proposal based on the fees that will be paid H Throughout the duration of the project and the fact that the proper/y has been identified as a growth area. (VIII) -The impact of the proposed development on the Town's park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs(additional facilities, additional recreation programs, additional personnel required, etc.); Parks and Recreation: The proposed development of Mead Village consists of approximately 182 r acres and at maximum zoning 584 Single Family Detached residences, and 35 acres of Highway Commercial properly we would be required to dedicate 49.52 acres to the Town of Mead as parks and open space. These open space features, which will include Interconnecting bike and pedestrian trolls throughout the development are anticipated to be located to maximize active and passive recreational opportunities for residents, the schools, and to provide focal points Throughout Mead Village. A unique feature on The site is the existing natural features of the Highland Ditch. This feature with its native vegetation will be preserved and utilized for regional bike and pedestrian trail connections throughout the community. The final dedication will be determined through future more detailed design efforts. (IX) -The impact of the proposed development on the environment of the Town and proposals to mitigate any negative impact(identify environmentally sensitive areas, endangered species, significant habitats, etc.); • There are no areas designated as wetlands within the site limits, • A Level I Environmental Assessment will be conducted prior to Final Plat. • There are no oil and gas wells on the site. • The proposed development is not located within a flood hazard, geologic hazard, or airport overlay district • Noise and vibrations within the development will comply with all rules and 0 ANNEXATION ASSESSMENT REPORT (con't) regulations of the Town of Mead and the Weld County Health Department. • The land uses proposed will not generate smoke or odors.All roads will be paved and therefore no dust will be generated. • Light and g/are will be controlled by landscape and development design. • Visual and aesthetic impacts of the development will adhere to the Town of Mead deve/opment standards and blend with the natural surroundings. • No high voltage uses are proposed within the development; therefore, electrical interference will not be an issue. • Water pollution will be prevented by installing erosion contro/measures during construction. • Erosion and sedimentation will be kept to a minimum through adequate landscaping and site design. • Excavating, grading, and filling will occur on the site in order to create roads and building sites as well as detention basis. However, cut and fill will be kept to a minimum through sensitive site planning. • Drilling, ditching, and dredging will occur on site. Normal excavation re/ated to construction of buildings and roads is expected, Excavated materials will be used in areas on site that require fill. • Air pollution within the development will not occur; i.e, no burning of trash, diesel trucks, etc. • Solid waste will be disposed of by a local trash company The commercia/ and employment center will have dumpsters and residential development will have curbside service. • The area that maintains wildlife on site is mainly along the Highland Ditch corridor. This area will be preserved as open space and bike and pedestrian trails. • Any native vegetation existing along the ditch areas will be preserved to the greatest extent possible. • No radiation or radioactive material exists on site. (X) -The short-term and long-term economic development potential for the property(numbers of jobs to be created, sales and use tax generation, property tax generation, utility revenue generation, incentives to be offered, etc.); As identified in section II of the Annexation Assessment Report, we believe that Mead Village represents a unique development opportunity that will provide a multitude of economic development opportunities for the Town of Mead. The 35 acre mixed-use commercial development zone along the main traffic corridor adjacent to the existing Town will complement existing commercial development as well as provide space for new businesses that will generate sales tax revenues for the Town and jobs for the residents of Mead. While the current economic environment may not support this amount of commercial development today it is important to recognize that our proposal helps facilitate this land use as identified in the Comprehensive Plan. In addition with the development of the residential portion of the property a significant amount of revenue will be created through the fees associated with this type of development. Once established the residentia/neighborhood will also contribute to the future property tax base for the Town of Mead. 0 ANNEXATION ASSESSMENT REPORT (con't) (XI) -The compatibility of the proposed development with the street master plan as depicted in the Town Comprehensive Plan and proposals for mitigating any negative impact; We have reviewed the Town of Mead Transportation Plan, and acknowledge that the Transportation Plan acts as the "major street p/an"contemplated by the Comprehensive Plan The major street plan encompasses roadways within a three-mile radius of the Town's corporate limits. Mead Village anticipates providing additional ROW for WCR 34, and WCR 5 as required in the Town of Mead Transportation Plan. As identified in Table 8 of the Transportation Plan it is a Long Term �, Project for the Town of Mead to widen WCR 34(1-25 to WCR 5)to four lanes. a e Transportation Plan E-, Table 8. Transportation Improvement Projects & Opinion of Probable Costs Opinion of Probable Improvement Project Construction Cost' Near Term Projects Intersection Improvements at WCR 7/WCR 34 $150,000 Subtotal $150,000 Mid Term Projects Signalize WCR 7/WCR 34 $200,000 Pave County Roads See Below Subtotal $200,000 Long Term Projects Town Projects Railroad Crossing between WCR 32 and WCR 34 $230,000 Extend WCR 32 from WCR 1 to WCR 3 $3,600,000 Extend WCR 3 from WCR 32 to WCR 34 $3,600,000 Extend WCR 38 from WCR 1 to WCR 3 $3,600,000 :'Wden'VJCR"34k(1.25.to%WCR:5)tcixfburlanesMk" <.. , . f5$00.0;00(Is. E*44>;,r: Subtotal $20,030,000 Regionally Oriented Projects Construct Eastern Parallel Arterial through planning area (2 miles) $7,200,000 Construct Western Parallel Arterial through planning area (5 miles) $18,000,000 Widen SH 66 to four lanes (WCR 1 to WCR 17) $36,000,000 Extend WCR 40 from WCR 3 to 1-25 $10,800,000 Subtotal $72,000,000 General Road Paving Pave County Roads (35 miles at$1.4M/mile)` $49,000,000 Subtotal $49,000,000 GRAND TOTAL $141,380,000 1 Cost based on 2006 estimated unit costs.Costs do not include right-of-way,traffic signalization, landscaping or utilities. 2 Based on two lane rural cross section. r-r ANNEXATION ASSESSMENT REPORT (con't) (XII)-The compatibility of the proposed development with the Town Comprehensive Plan and any plan amendments that may be necessary for the proposed development; 1 J ,'�•• .-ii..- .1.;,.:', Summary ' WELKER AVE. ., SI.A.,_...,!.. —. :. - : p s f / . BUFF'' • i t MtAD ,IhME'AO} ' D mitrieE 'rot AT-WTARV • The proposed zoning best matches SG11004 � S_CrH-O�OL '{+ PA=1 (35yACl ji z y t�, x"C� -10 att , the Intent of the Town of Mead •-' _( a aKl 1 �.. a ,-. '. _ -. 5 - �� i : Comprehensive Plan goals and desires. UI( r 2 V'.,,H;i ' , -- ME„NITY % € ;� x ,,u'' • Further detail about specific site taro'1 �, 4R -.:.:-:,,-,,, ,,,,*:4----,;:-�, Q ;' design will come at a future date; ,� ' 0.14 Or� 4 .c. : however, the properly will be Included 1 `o 0 r lIi fi k`'` - in the Town of Mead and zoned to ,, , . ,tip{ � ,� •a�ii,'t t t „ • support the Comprehensive Plan. Q �` �t z r�i 'a ,,,iii,-1141 iq I r, , -41:' u '' , .ti�,ti 4, t/ J�I:i 14 - Even at the zoning stage several z "' s ��i �r t''i (-'i 1•.;.. �...„.�_' _. stated desires of the Comprehensive :1 ij ' '' !,„1:; * 'i`.,Wit` Plan can be seen including a Mead Village Proposed Annexation and Zoning coordinated landscape buffer along Welker Ave., a centralized amenity In ' 1 .off». '- , _ ! I..... - �__• the residential area, trail connections along the Highland Ditch, a pedestrian Lai connection through the residential i community, excellent site access, buffering and access to our neighbors. a _ a I �'_ B_ ��' .-f s • z • _ ▪ — S ,# •�... Iii. •i I, I i . N ! �' iiiri tip I. II l's,. 416 i Town of Mead Comprehensive Plan (X111)-The compatibility of the proposed development with the Town Land Use Code and any deviations in setbacks, space requirements, and permitted uses that may be required for the proposed development;and Land Use Code: The Land Use Code typically implements the goals of the Comprehensive Plan. Mead Village represents a unique development opportunity within the town because historically, new developments have been large lot subdivisions. These developments also have been built in areas more removed from the town core. Mead Village is of unique importance to the community because: • it Is located adjacent to the town core and has the ability to continue the gridded street patterns being established in the Town Core. • It provides vehicular and pedestrian connectivity to the town core thereby M O ANNEXATION ASSESSMENT REPORT (con't) strengthening existing services and enhancing community"Iivability". • It offers a commercial district that supports the community and reinforces the concept of a "Town Center"within the Mead Service Area. (It is not intended to replace, but rather, to complement existing Town core services). • It offers a diversity of detached housing types through the Implementation of a range of density, that respond to the socio-economic goals of the community • It provides a meaningful development transition from the town core to outlying suburban developments that result In a "planned"appearance to the community • It supports Mead's rural, small town atmosphere. 41, As submitted with this application we are intending to follow the dimensional standards and uses as allowed in the existing RSF-4, and Highway Commercial zone districts. The one deviation that we are requesting is for the allowance to utilize the dimensional standards as identified in the RMF-8 zone district for areas where we are proposing smaller lots within the RSF-4 zone district. U (XIV) -A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures that may be required for the proposed development. z Most of the land adjacent to the property is currently used as farmland. The schools and a residence r- at the northwest corner of the properly are the only exceptions west of the Great Western Railroad. The proposed land uses within Mead Village have been designated and located to be compatible with the adjacent uses, and we have acknowledged a commitment to provide two access points to our southern neighbor. The property to the south of Mead Village will ultimately be developed as larger lots and Mead Village will provide additional access locations. We also anticipate providing buffers to our neighbors where appropriate, these buffers cou/d be accomplished through the use of larger lots, or open space areas. (XV) - Letters of Support. The application is to be accompanied by letters of support indicating a commitment to serve from each special district servicing the area to be annexed. A water supply study must be prepared by a Colorado registered professional engineer or other water supply expert. The report must comply with the requirements of C.R.S. 29-20-301 through 306. We will be providing the required letters of support with the initial application. -r 0 ANNEXATION ASSESSMENT REPORT (con't) ADDITIONAL INFORMATION PRELIMINARY SOILS REPORT Preliminary Soils Report The Soil Survey of Weld County identifies four types of soils on the Mead Village site: Wiley Colby Complex(1%to 3%), Nunn Clay Loam, Wiley Colby Complex(0%to 1%), and Aquolls and Aquepts. 1,1 Wiley Colby Complex soils are deep and well drained with moderately slow permeability. This soil type is mapped on approximately 80%of the Mead Village site. These so//s are in hydro/ogic soil group 8 and have medium surface runoff The Wiley soil Is deep and we//drained with moderately slow permeability Surface runoff Is moderate and the erosion hazard Is moderate. The Colby soils area are also deep and well drained. Permeability is moderate, surface runoff Is medium, and erosion hazard is moderate. U 2 1.2 Nunn Clay Loam is a deep well drained soil on smooth plains at elevations of 4550 to 5150 feet. This soil is mapped on about 15%of the site. Included in the mapped areas are small, long and narrow areas of sand and grave/. Permeability is moderately low and surface runoff is medium. This soil is in hydrologic soil group C. Erosion hazard is low. 1.3 A small mapping of Aquolls and Aquepts type soils is located in the southwest portion of the site. This mapped unit is found in depressions in smooth plains and at the bottoms of natural drainage ways. These soils are deep and poorly drained. The water table in these areas is at or near the surface, and various plants and wildlife favor these areas. PRELIMINARY UTILITY PLAN Preliminary Utility Discussion Water:Public water will be provided by the Little Thompson Water District. Currently, there is an existing 6"water line along County Road 5, and existing 8"water lines along County Roads 34 and 7. Mead Village will likely comprise a network of 8"lines with one 12"line providing an internal loop to County Road 34. An 8"connection will be made to the 6"water line at WCR 5.A future 24"water main is anticipated to be built by the District along WCR 34 in the future. No timing on construction of this main Is known. The Districts distribution network currently has adequate pressure throughout. Pressure zone maps are being obtained, and PRV locations can be determined if any are necessary Phasing should be taken into account to determine exactly when various services need to be constructed. For example, the commercial portion of the development will have the highest fire flow demand requirements, but Is not scheduled for construction in the near future. Therefore many of the larger water system upgrades and off site installations do not need to be constructed during the beginning phases. Additional ana/ysis will be completed in future phases of development review Sanitary Sewer: Public sanitary sewer will be provided by the Town of Mead. As outlined in the Towns existing sewer mapping and Master Sanitary Sewer Plan provided by JR Wright&Associates, an 8" sanitary sewer exists along WCR 7(Third Street)near the WCR 7 and WCR 34(Welker)intersection. The eastern portion of the Mead Village site will connect to this main within WCR 7 via a short offsite extension. This existing WCR 7 sewer main outfalls to the northeast to the existing Mead interceptor 0 ANNEXATION ASSESSMENT REPORT (con't) located east of First Street. In the interim, Mead Village may outfall to the existing 8"main, however this main has limited capacity. As outlined in the Town Master Plan, a sanitary sewer main will need to be installed adjacent to Coun/y Road 7 to the existing Mead 12"or 15"sewer main located east of First Street(approximately 3000'in length). This offsite 12"-15"interceptor extension to the existing 12" mainline east of First Street will need to be completed at such time that the existing 8"main capacity is exceeded. The development that requires this main first will be responsible for the construction of the main. Reimbursement agreements will need to be developed for any secondary connectors to this interceptor main. The exact size of the pipe, and the exact of this ottslte Interceptor, is not yet determined. Capacity analysis for the existing 8"main will be performed as development progresses. The WCR 7 interceptor line will eventually be extended south the entire length of WCR 7 by others, as part of the Towns master plan. cC E- An 8"sanitary sewer exists along WCR 34(Welker)adjacent to the school site. The western and northern portions of the Mead Village site will connect to this main via an offsite extension In WCR 34 and internal sanitary sewer mains. The existing WCR 34 sewer main outfalls to the north through the existing Town infrastructure to the existing Fairbairn Avenue 12"main, and ultimately the Mead treatment facility This existing main a/so has limited capacity, and additional analysis will be completed in future phases of development review We understand that the Ownership group is responsible for obtaining a license for the sanitary crossing of the railroad, and that this license needs to be a permanent license. If It is a renewable license the owner and successors must be responsible for maintenance and renewal of the license. If the Ownership group is not successful in obtaining a license we will utilize an alternate route for the sewer service, Storm Drainage: The storm drainage management plan for Mead Village will follow ideas presented 2 in the Master Drainage Plan for the Town of Mead. The overall concept will be followed completely, but certain details such as pond placement, and outfall designs may vary The Master Drainage Plan Is an overall planning tool, and should be considered a dynamic document in which certain details may change as development of the Mead area progresses. A Preliminary Drainage Report will be prepared as pad of future phases of development review Natural Gas: Xcel Energy will provide gas service to Mead Village. Water: Little Thompson will provide water to Mead Village. Sewer: The Town of Mead will provide sewer service to Mead Village. Electric: United Power will provide electric service to Mead Village. Telephone: Qwest will provide communication service to Mead Village. Fire: Mountain View Fire will provide fire protection to Mead Village. 0 0 METROPOLITAN AND/OR SPECIAL DISTRICT METROPOLITAN AND/OR SPECIAL DISTRICT INFORMATION Mead Village consists of approximately 185.24 acres and is in the process of applying for annexation and zoning into The Town of Mead. The development consists primarily of 148 acres +/- of single family detached housing units, together with approximately 37 acres of mixed use commercial/residential building types. Due to the size of this development and the large amount of off-site infrastructure that will be required to ad- equately serve it, it is the intent of the developer to establish the Mead Village Metropolitan District to facilitate financing of these required improvements. In recognition of the extraordinary costs associated with the development of this project,the applicant will be seeking the town's approval of the formation of a Metropolitan and/or Special District. A service plan for the district will be formulated once all of the details relating to the construction, installation, financing and/or maintenance of certain capital improvements and facilities are finalized, Once the service plan is complete, the Town and Weld Development will cooperate in a timely manner so that the question of organization of the district can be placed on the ballot for the earliest available general or special election date. The applicant requests that at the appropriate time, the approval of a Metropolitan and/or Special District for this development by the Town will not be unreasonably withheld. if L 1- O WILL SERVE LETTERS Xcel Energy® 2655 North 63rd Street Boulder,Colorado 80301 7/27/11 Weld Development Company, LLC 200 W. Hampden Ave, Suite 200 Englewood, Colorado 80110 Re: Will serve letter for Mead Village Dear Jeff , In accordance with our tariffs filed with and approved by the Colorado Public Utilities Commission, Gas facilities can be made available to serve your project at the Mead Village. Service will be provided after engineering is completed, payment is received, any easements are signed and construction can be completed. We will have better information available after design has been completed as to a scheduled in- service date. If I can be of further assistance, please contact me at 303 245 2274 . Sincerely, SS Sanford Salyards Designer, Boulder Design Xcel Energy OO O WILL SERVE LETTERS Town of Mead ead P.O.Box 626 441 Third Sheet Mead,Colorado 80542.0626 M,.d.'.t u"L•7.,r^ (970)535-4477 Office NUA.IUD Iflfl' (970)536.0831 Fax S I July 19, 2011 _ JUL 2 2 2011 l By Larry Huddleson Weld Development Company, LLC. 8000 Chester Street,Suite 240 Centennial,CO 80112 Dear Mr. Huddleson: You have requested a"will serve" letter for sanitary sewer services for approximately 187 acres in the north half of Section 16, Township 3 North, Range 68 West in Weld County, Colorado. The Town of Mead completed construction of a .5 mgd sewer treatment plant in 2009. With the addition of this plant the Town has sufficient capacity to serve the 187 acres in your area. It remains the land owner's responsibility to construct the necessary lines to connect to the Town's wastewater treatment plan. Please feel free to call me if you have additional questions. Truly yours, Dan J. Dean Town Manager 0 WILL SERVE LETTERS THOMp Directors �,�� A' PhtrictManaer: Ales Soon,President ti James C Hubbard Paul BukoweM V 835 E Highway 56 Jim Cooper -tat l Berthoud,CO 80513 Katy GaainmCriu Richard Macomber P 970.532.2096 Gary Olson WATER DISTRICT 970.532-3734 BWt Snayd www.r.TWDarr July 6,2011 Larry Huddleson JUL - 8 2011 Weld Development Company LLC uu 8000 Chester St.Suite 240 Centennial,Colorado 80112 By Dear Larry: This letter is in response to your request for an updated water service commitment for up to 500 residential lots, and 35 acres of commercial mixed use property, in the location described as follows: PORTIONS OF N 1/2,SEC.16,T3N,R68W—WELD COUNTY,CO Along WCR 24 East of WCR 5,North of the Highland ditch and West of the GWRR tracks. The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations; however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time,and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. Little Thompson Water District has a 24" diameter water line located along the East I-25 frontage road at WCR 34 with additional capacity available Therefore, we can commit to provide service to the above property,subject to the limitations in this letter,for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2, In order to provide the required domestic flows to the subdivision the developer will be required to install a minimum 12" diameter water line from the 24" diameter line along the East 1-25 Frontage road at WCR 34 with a loop through the subdivision,and connections to the existing waterlines along WCR 5 and WCR 7. Several other developers and the Town of Mead may be working on the design and future construction of a portion of this waterline.Opportunities may exist for sharing the cost of this line with other developments and the Town of Mead. The project will need to include a pressure reduction and metering vault at the 24"line connection. a WILL SERVE LETTERS 3. If a fire hydrant is required for the subdivision there is a$2,000 fire hydrant fee that needs to be paid prior to installation of the fire hydrant. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your subdivision. Your design engineer will need to review the ability of the system to deliver the fire flows that may be required for the potential commercial, mixed use property.Fire sprinklers, larger water line sizes,or additional looping may be required to meet the fire protection requirements (>1,500 gpm) of the commercial, mixed use property. 4. Prior to recording the final plat with the County, or initiating water service, you will need to provide evidence that the property is included in the Little Thompson Water District, The Northern Colorado Water Conservancy District and have the property included in the Municipal Sub District of the Northern Colorado Water Conservancy District. 5. The formation of a Metropolitan District to fund the installation of domestic water service improvements will require the approval of Little Thompson Water District. We will need to be involved in the setup of the District. No Metropolitan District can own or operate a water system(treated or untreated)within the Town of Mead. 6. The developer will be required to provide the needed water lines in the proposed subdivision. 7. The design, installation and total cost of the project will be the responsibility of the developer. This commitment letter will expire two years from the date of this letter if the taps have not been purchased,paid for and installed by that date of expiration.The current fee for the domestic 5/8" X 3/4" tap is $23,000. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions,please contact me. Regards, Michael T.Cook District Engineer PIS P g$ € r :0 i St a I p 1h! g 4 "3' w g a r� 4 u"5 ti iRF N < 0 ¢° a a miw 0.• ;g ,4, a 8 .U�.F<p U gp$ a !g'< o0 ova Z'{ Z ZZ k" W E!i giwE 9 - V Hi �i �R3 ._" m !H ' iy mm ?8m "ggiR m-' oi,'� <az Sly 3i°u ... 2 <m < O <Y<`« Yc < 62- """.° .� _rvrvn_ t" 2 F 6 § 6<< < F<< t0 od Y w t2 4 u "o� j 9i gN O < <2N �y g a`mk 2 t 3 �i aaaoa 1 Q . . ? I.g ; aa en s i h, ].) .‘,,A,--`Ns st\ , I% _ ♦AAAaVA �„Oh • �� U F Oy QD NF a \� � ,•.. . �\\\ r �`� a a swgga a WN � g Iii '• a w O rat.. O\c I `,4 at UP i_O. Lir— !rap > / � , 6 w g EE o ro e. . P< � 6 E §p3 0 $ '= 3 § ggt § isP e e e k k a k Y g C ≤ g- XW„ k g s 288 <8 2 = 3 6 6 aw h 9 $ € 8 og o m m 1^746 ^" o 'z$ 28 ₹ g o ""« �i .'$ h g5 w k k ; 20,20 kn'a § k g k< k< k 3 ok v'o S € 8 S € , .2 „ w ' o ' b s6 a o 2 5' I m ag a s 6> '< < `s 8 0 6j o k , s <: < k< k"C k w 3 : S ff as o g a 6 p S o o$p3 s , n zb .m , a s $ $; $ S __ 4_ 4 o d - u g 'o 0o Sm g } F gym€ k o o Y �� 3 68 53 igC g 3 Y p 0 r« 6 v e yE p p gR 3 gg �d S H o o 6 g R" !!j: ly wo1oo 6'o 9 9*6 4 686 Y h Y Es .8 '- 8; a "O U Z Z e E . J pg< , a' ap €m oa o� � : N V6 a : c4 f gg 60 Y L R . 6 E <x gggg w€ dam ; 8 „ „s �u § j F8 b € b o; z k tlg C k Sk € g� : 3 "' W-- Vnw € ; H c≥ ;6 ;k Y ik < > '6 I kk o €` r oX ! 8' g§l €ag $,� o u €i g :S �6 k `i €o g <6 : S o e R :o 2 : SS g- '<wa 3- '< < os .g ag . 3< Y2 W2 Y `2 „a 2e € w 8` 8 8< 8 8 e ino w w€ tl 'tli tlw n m tlm g k= R= g : :a ≤ c4 O o � p, o .� fir- E 9_ en U 0 o � a) U " o , �, O cal -C o o y.___ X ci) iii a � L � . c_ 0 CO Q c " c c0 a o Q N � � � p V� -C po- 0 O fi CDC CO C � DHi \��Up c O _ O +� p p - \ C HP p N0 p U O �� w O` E U c p ( 1 Li F_ N (n O c/7 v 0 0 O z �U ' ' Ili till It Y i _4.._ '!I�ii g W iiiV---;Thil411/24. . n a • mit i r p�,� S•* � `�' a)CD O — • - poeill °Ill el i --ms-- - i c 0 = L., O 1 2o c o o � J ZLLI Nin o :Ai .,r I o�,atiot O Y t•, � , �,, W o ` � . k ft 4 4 Z . 1� a '� t Z Zw i QL ° moo c U � aO Q . �. Q ' l 1_ jr\--P1 a O 0) in oI 1 _ � M+, q if \ _O J O � ! a in O O W • N' t F- Q JZ W = r1!la)� Q�i- W V O. lkL� � • � t� ; yDr; yi LL 1 `�/'.-repCm i r • o cc • ...i., o U O � LL- L p � � fid�H-- F— OVs. -is\ fa,?, --:,:4. . _ . U Q �.w � NrCn _ il LLw W Qp �, �, °2Ow asp, o) g T12 ≥ 1uIii ,( U rr ; . Paso O 1 to f�. riasse>" > i_ M...( O M z I G� ✓ 1' • % _ .jy/ I ,�. V. . w. i�. P' t 1 y . „:.:. ,ii.,; ::.: rl/ e ,,,,, ,, , _ ,. CD 17;w c . U , Lpc � U- Z GL' ao --(5) o ^-� � ' j Q o J' v. 4I cn O ►� 1--1, rc, W O Y ,,,� t # r :t. - -- - I ._inF, I-1, r, Q W - ,1 I I t f i k Q- IIc 40 .c p \ o I ( • , ' ix. < c I 9 .vt. \ „.. , Ir• 4 ka..,...- 1; t r. c..1;....... .\\ Rit= a • 1 ri-il . _ a) litil CO Tal -5 - , 1-7•I 11 'AM , - ' ! 'Li ° ad r — Q '':• 4.= i*: as '_ C lit Ifilp \-.4.N ---r — :_ ' !z : . .- /'1i i O c '5�4.''.4.14 7:3/4 rtt U i f , y \`\ ` i •-i \1 o o t � _ N•• -r■ i■ r • _ v_ �irijui..! _ ..„7 C > Zto Uo � � k/� � 6 p � U nSQA � U Sib _ + iSaka 8w 4a in. I �W 't wo W W n a 1$ 0 WW 'O i .RR l n EXI"Z Z `q0— o so0e L 2I3M U ' , sr-ar i//��II� i b♦ ♦ii�. '9 lisw♦♦ ♦iiie� ] r rt 4L " Ai i .# w ♦i� iiii ♦iii1i ? ��/iilriiiilt iiii�i�`II��Isiiii�i�!,��ii�i�ii�y fee I;liii , , ii iii��iiiiiii�iiiii i- it :5 4' a�i1: 2� ♦♦ ,►♦ O♦ �iiOiOi ♦tee t �. �� .�ii�A sii .II 40440•4"Wiii�gi. k Q �, m B s= l ►is a' atea,ii Ili, ,4 • ♦i�iiii�iiil`i i ,: !",ii��rt1. S% &1:ii k "'r iii♦ i'V 40 : .4 '1�, : a ' iiiii�� •�!`��q ii �la�i�1:�®�`� b�a�1►�� ; 1>ii � a 4 `i� i !� ,,l4i ,s ea tiriiii4i w lUr, *C-4*l*iii►iiii's'r'+iiiiiiiii•4l. �'Ilti1i 1 i0i1:4 - _I yam- �`r.�Alp�2 ii'; i • 23 6 ,IIt "iiitill ♦i�iO IIK 4, 4:40.4i 0. 1 re . ___ , _ _ -kit: - - c'-44$4' I 4i1►ii1-444 it L. I.& a M . u, :,pI`ikiiiiiiiiii�, 1 s ; _ y� ._ <: __ '; -- _ ---0905- $ ii►iii, iiii41 a 1 N N it ke. .Stitt,� ___ ...._O '.050 fY�' o0 + 111 0"- -.6'. _i irt Qui 2 F ' a ' �\ a x et < W \\ V*4 12 2 LI i iI. 5 WZ 6 , II awl O F �" i 1 1 ��" \ k = ate_ bt u 6 tri17TcsJc <41 !. see's N IJJ �V W ri IL th U > O a I aoyLL au=' ,s ; a - . - , iii♦ v W W Y v=` . i�iiiii . L ♦ii / 6 < 6 a i /....- I�iiiiiiliiiiiiii� 6 3 ' a. a a, v iiiiiiiiiiiiiii i � sob iiii��itri He4*KS31$1 �i�►�►ietne ii�►iij N m � a �iiiiiiiiiiiiiipiiii�►iii ��— J iiiiiiii�► ii443_ , Lu o o a �� iiiiiiiiiiiiAit �►i1 w a e � _ O_ o � ii� i�ii 14_1 a g t.,�iiiiiiiiiiiiiii� `!4►ii� i�ii sem � .�i��1-1 ' LLB S�.�.� ;;M` ..1-‘ �` OFFSITEL0IP 5& , EX.fi"WIL --, --- rye' � . � s NOM 11I N r ag i O of Si 9W 0p a Fa I o N ¢ Um w a m og amm€wg < E g%yp.9s $ u VS 'QJ-8 = o Fo€8 p'O ; o¢3`i Z_Nw pyZ 082 i Z U< ` I „ d00 th<% N "6 4R a �` m w Peg 3 �w _. a al sp € o€ ate= .�s V 2 �p 26 �< 0 483 II F .° '' cawing ` 5 o Z yZ N N Og i R OM1o6Z pD OF p w 4b § a 8 986 ps 6 8 wri' 3 > m z !i1 ! gg o E <g > 08 0 § 5 e o l .o -E N 1 I g o = � 2N m a & € 68R Y N W t g cl %Si U Q _ N O N P 13' \Q, . off\\ Yms o, i W :..:: ao J �j V \a\\\\\\�\ /�/j) f of LTIg a � � 1 am a N is n----m % / < = 0 3 0 8 m o = kV" oV" o y rc ui :1Y n zo u8 0 6 i § y mo Z € §" J$ J § z z & e8 W o w₹ 8„ p 8 t< 8' = § S . C60 ge g ₹ a g'i'rl ' F„ o ?c€ s �] '-°6 6 9g - < _« i 'i < N i p` < n o go $o J<2 z -.2 S"ea Y VI 6 tl g o< .^S 8 W N Di v , d w ob iE e88 € < b w g ' > ' ! 8! o o m 2 S g go 8 p "a §8 PW„ ' 8 3� i ��i2 ' IK ; r z 1�i 121 Wi 52 of 2 . p6 d = i r 6m o6° g§! C 8 g F iY i - md - g% $ i $ < 7g �3 3 C tl w e0 - 8g woi Ya< 3 o4 wo a 'NJ' E8 ° 3z a ' 8 p� b� r �$ < S $Yrl. 2 b6 o o h p �§ „ld 9Wg g - ' 30 6W b S o"' 8 DI N - - G a 8" b° b 30 � S "= m 6g P8m 8 8 ' ' w0 ,S, r°a 2 R 0 a8 � g S S . � � a � �d '8 E .A 00E 0d i fi m w 8p80 _a o tp aw am S o$ o p S k o o sY Wg p 0< N1 8z b gC . 8 0 8 . 4 88 28 wg t J 8 h< < Ipz gg g m E LA r i if, tl 4 rl,p " p" m o- g 8 8 tl 2 88 }8S >6p0 EI gg P 6I g2 c Y 8 ° 2 8 P b g 0 8 m8 "o N e> 2k t ca . 6� 3 _ _ _ a F Nno 8is8ilg E.. 6 R 0; is �o g b. Yw " s 3 3s Y-: 4 n caw 8 c w i w wg M & E o< c W2 Ba ! tl '" 5 '28 �3 o g o o' 15 R = �gi gi. g'' � F Yo ;o a} 0 3s 74 oX o " " HI ,,,d R! E ₹§ �, m �a g ai i A +i bE 4.8. £8 b„ g gg 8w Sw n OO _ 4^ w w0 i U 2e wa w O N „ 2g _ V = U U 68 <�q$2 a ET2 <Z- & o w E 00 w V 5 _ 6 " 542 5P _.. U6 =' Fm -H 1 _ 3 _ _ _ U_r Ip0 P U� w_O _ w6 LIP" w_ Z <z Ni =S zw �1� < 1 r � a �t�� U �u Ph, i i � �; � � s P§ €e a iI "4n § wo . 6., � 6 62 6 6 6s €< �o a m e � �x S a 1 4e_ _ lV$ j$p "go O " NOu^{�w cirma NQ i/�� 'O�4u 6. ^ , .5i i N d Ew WELD COUNTY ROAD 7 I za 2 -,\` � II 0 2 I 11 I 8 II 30 msee„ \ sR_ ` \ Wfg Y c'�c_ II 3:? r AY,y)/Yb its. "6 IS Wei '6 - NWT-Op I rc f I 'm 1730-4,,? o ' I b WJj�t � 9 ^4 El �" m id-siE p:: Mh44,..,\-„ I Lg !,...7 ' �„ Q1E cg LL ,`�_ god % x !:y _l "IIIco ; co 2 0 m� I � WN II O I- Um C`I pE.6 Z i ®$N s N J 3n ogg g III a a z~ 3W� ' I "e , i w -it u L. • Z I add w6 Ill U 0 0 3co Z !+f kg III $w II iQi18 w12 w I , S- I � �38g 3 n LLN. J Z W N $ is =z ' Z II " N 0 IKggi� I . w w ; ¢ISg r FCL 35* 44 h W U U _ co 0 II w as =sr � � N - — — WEST UNE, NE 124. .9C. 16— N0054'10'W 2655.98' _ _ 7n w _ _ - _ _ _ \ �` .au. OF-I -\ N z Dvi t7, N -n SN u) F~-1 F� `' „N Ni =3m "�e\< Ei O .C.1 * � g II ci :dew fi=g 1 a /' LL S � oI— LLO14 ce „. I � � m= 6i I mho mm II ' ;tilt ffd CW 3n �' 9:it F. I w3 �r ICI 0 U it r 6 fie ^y me �$ ;o I m �d d,, J�¢& nl a �' YS .�r'P o$� 'I NOt'}1'11'W ...1_ 8 a n D a 131287 5011117E m JI�� • < 0 1312.B1 ....... rc = Lit D O I a J Ii 7 3 I 00 Pe a 3N � Z W I,Of Nf za U jU \ Jilin $r Ill 3N OZ I = � cc � = • I a WN „a I , r oc? i 3 .$h U' Z \ -L:,-.i12 1 Z Z =0 4" IX I IS ON 1)842' a NE np6 is ��• tt♦'♦i-♦- ♦—f I- ��aF�♦♦�j�♦�♦� ♦p♦I♦i••♦♦i♦ z m rt g 0 8 g a ♦d♦�PfA♦ 2z I ��J♦♦♦♦♦4 NE.NW 1 4.SEC 1 _ ____ >♦t•`♦♦♦♦vim♦♦43 ♦♦'� ♦ __\__ __ �6 _ _ __N__ a n � ig4 _ 91 WELD TV ab 5 N 'J1'13'W 1171.61' COON R ------ m 1495.}2' C� b 6 s• y ?: g "46YSm '< a w n s1) r a 2 h & a 74 I N g �w R m m Z e° " o g z tla k 0 g '" ' i O E C_ R j s b 3 w N LL sW4r4z s $ i \ V qo Ne A iI5 OM Crn jz 6 Na Y ! wd 3 3 60 . 61 )-aim a Ie gsgh-„ b a ®m Hn € 8 o � �° € s -S 4 ' ERs 8 a Ea r 3 gggbi ' ' Soog - 'fig 6 gG gg1 g g@g 0 8>F all g I g o@ g xwl pa 20Vg m € p. g ° J € R i _04 gZ l' lispF §g ! H g °g. 8b <g-m o 4 a a 3 �zo g kw •F } <k . o1 VI! 6O -v 9 �8 m < l;E5 • 622 Y 2 , 0 F 14 ir‘ b . ., EAeg W \\\♦\�\\\ \ \``mo w\ 0 �\\ .. z . 6 6 6 z LL D-c g0 it t34 3 W 4 9 oli li i\ a • - =g e e o O m a 5 6 mi U g g g- 0 tr t y - R H % °§ E 5 § !� 0G y� y €8 8 g 5 g z i; 5R § A < =8 gS g 4 g y 3 g g g tl m 9�9 . 3 '< Bm .om > < 8 «6 + < <; <W °,3 6 < zwff m -. < Y < 6 b 2< ° 2 € m o' 2. 0 = oA g ₹ b - g S 3 d 6 5Q 'a' .g 6 I 8° Ymo 5 tl = gp $< `o g 'v'6 + s `8 m X m g _ w o sx a ° <li � m am am x m g V 6_ I : ._ I g i € 'b 2 a l 8 8 1 i <s < gp m B e g s a= a e a 8 i g g6 g'1' 5 qFq <§ 2. . A' '.•8 8 g6 �g �6 � s b6 ug b s8 mw g „ ga s i _ s i S a P<z . O g zm rc°im 5I p6 a n 5z 5 ' $g a at; a zk' >€ g = g 8 rc ' 63 m8 � ' 34 o Yw = ` go 0E 3 - �"g .6 ' E �Q gel gz 3 i8 � 8. m ms < g gm g" 8 e 8 a E 2 w R'06 �a g 8 g< 4g„ S u m m g i 'G E £0 y'W 8 - 64. I <§ ;erg §21 g § § gs tE R`� gY gY 3 s >_g. < 60 € m 1, ., c o.._ cRw F 5g S Y n o b : €ng ,j'1< . . IL 0g 0g 0 26 s �1 .. w g'- g 3^ ''6€ 3 ii'g E zi °- $ ° �5 ° � �m u ° m IJ is is i i4 ; 5; 5 tl' €g g �a < g d mr am wi � gha = Esgg.< 1amgeg5awgsaas ' w° w_ w ₹QLjw §_ ; mg _ 0 E r g 8 b I= 5 �_ �g 6 �. � 6 �; 682 6 �o. mm € 6 m m € x a w m Ng 1po Fk`a O: SOW R mg No u �014 ill _ �nC,8oR� 6iQm z W W h l cgs-' 6 an Li Vgl WELD COUNTY ROAD 7 -- I I \III 4 ii, U 5 " zG� d2 a 5 Li ,YMbby It II t4c 1Im �� N .Yd � rc I _dgg I,I • Q 6 Q8 Ila Msb. zg I ,k_ os �3li =3 "Iii e rc g3 Id I N wcht on o l i (Aix I PI 2 .. II 1 1/5 II 1!4.5 . Fag O I I 2� ' E .s$l 8 I '. 0 I i : ‘Nia.\. .\ 69‘*-%,. . c., § L55 g 9 F2 g 8g46 Oo z z (2iZ ;' WEST LINE, NE 1H•SEC.1fi ❑m N \• � N00'54'10 W2fi55.98' __ _— _ Fd WW < N ' sm ..".....H.'----....„...,:„.,....‹... s" C.7 °� �N II Mob re2 F. N B L wN mi RI 4� Ill ' g" U K FBI ^ _ gi y I a ₹S / s p6 ' _ I R tg a j= .„ 6" W Z FLLcic In rsggo V 'eq. -Olio 2 2z ~� N . /1� �Oul Z 5ti gi \r nm �31 b144- / -*-oh -en m rc n ¢ 11'.11E co In IIp4 U' = g Il g �8 J W 312.67 z < I 3 3m m a �v b I ( InQO NN o - II II in m 0. N N naP - to Lill O. H „ i N ma 4 n J Es �� I Mg..., \\ \ 31. T 6 m o§ qz °n f91"3�1ff ffffff>fff�ffffff� ea 7 -`6' a r2 m "'`iffr's'..f1' )ffffffff� A zE $c SS !�i�bs�o s iffsJq eiiffi s:=6 "e.o o m 1-1 a�.�s.bf.sJfffff +* * s'°3•iafr�r`Y��fa.gfc>000�Of< ffm ♦J a4ffl cffffff WJ Wb� WEST UNE,NW 1 4,SEC.19 ___—_._ �Qi�ff�fEvs-fff�f�f>fffl�fffff. `_ � __--N0r31'13"1'�-P�.FY.: :.:U t _— _ _— - _._ } trCWNTY ROAD--5 \ Z ye �y 3iE < r-g p'1 3ib £ E !I ren !MI g r°g?, s n b-on a be' n G 6 11PF1 m g DP s n< 2 gm ,. 3 6 Sf e a $ 4 +z s II1 s s z �m ¢mx 3 s' d z E A z E a o a s IN N g F rc yy HILL' ��w w miS ' xwr a W piaL. rc<Fn k €oJ�Na 3�i � N 6586 Fw O W < QV >00 <�<�g z, N : J �" g g C "' gEO, o - $0w. ₹ Ail 55 g�ggc Pi i51e 3i„g w QX zo Li z k R 121F 6640 4 66 §iI k € S k p R8 ti N 3 I Fug 5 z'4 €LI ,8 i € 3 oz& Iz 8�� 28) 3 3 m s dpC p §6)3 �� • _ E i 46s cs. g <`=io tz a i kyw �z i ≤ m g ka '� '_' < 99 b' gli pg po £mk S ' gY ;� pg wg k o xp= LI - op <5 sz 8 '3' <a° gg< < I 9 gcg• P Fr r Z O I .y\\� \\\,\\\\ I,\ w en p4 i 8 ii ILd pR � E ,� � \ oo moo\ w W d gJ Firlil 4u a �:•':Q\\\\\\o,♦..�:�� "i a��\\,•''• 6 § .. Pa \ Wp < WW o ri E—Iy y ^ e F �n � \\\ i a 3 s amN ' 84c 28 . ., . W = 6z _1 °Ce• c— _,,, 2 b; 4 g �y — g g f wa < F . o W. 8 ' ' - G - < S `n g n 4W '8 W g b W. W. W a ; ko < G b k 8 o m h g k "< < ck Wi k EE o € R X g ° n n _ € 6 R z bo -• g 8 . < 88 5u <J a 3 R 3 L k a 5; 'R3• 3 § s < go <$ < g mE G ^ b p 5= b5m 6 e v k « <X ZK J ud J k ' m S r « < g� kw 46 i <'o g ? �k rk n <g sap <g ` r y z g ? 2, 0 sg 9 '3' k < s; a l p m a ',R s M$ o k o %;c9 8 Li k "a g 8 4 >�R r Y k y k �k p 0 E m os 2 - 9 p 09 m 3 : io 'f'b'0 § b 0 h< WW< $ m ro , A k g i W < s _ u i= €! € ' R of ds w S� ,'6? m z 3 $ i 6 ; b O r <S <1 < 6 p < g O J p 3:Aare R= Smk ^ ^ d S wP g; w 25 j< tl ` ' z <8 #d R w d °2 id: d 8.. S o '< ' <;" <€ < WV' E< Kz z C < g L Eg o . ' ° $o < iw .z z ' k z �z Ww Sob $ W i.. 64 zR g g 8; e; 8 w.. 5 Lf 0 < 0w 0 .� w 8d k gm g } _ '� Rog S .A rye R9 R5 € �g �� Y$ w e - g= 3 2 „ m 3 I 0 b5 w €k Y.� E o s8 "o is o - wg dg 3 - $ g €< 'g gk „R 88 - a'.8 Li- g ! C I in b gk 6 ka g g ka k~r �8 W 0 k oy Red Na z_ '5g g a Sk o .3* g h ₹ S '= ok I'l3 3 g r ₹8 62 X w g0. g§ d ,a R, . 3p 6 0 -a 0A 0 k < k9 y k R 8 a Si � y 3 z" <6 `$ op �w b Ni 7= p o - 0 o",^ c A E$ '0V" i n u Ni ;'fb gg. o u „< �< g gS <�' < 02 0 ill 4 �= o @^ IN 3 Eg t SZ €_ n- R : XR 6 !iB 0 N € -. Ss S- S 3< k gk X 6-' Xb S i V 8 k S ` k z ?o bn sX $ : g n'< <ow <" $ € i < Yi Y6, Y i k vi k to �V k- 8 z 6 6 tls tl`"m Gmz �c b tl >Y€ tlm tlm '" bg tl= 33 b '� tl$ a WR Z �g < Rg < f Aa 2i$ `' gg n o ij i and LL81 � N k a'om w 8 Fq o. FA �6 w R Nis Wm a w C� a .- fi\ m w 'OW gala gno 5_ q _ N g ^ m a N„o S' � < s 50r, who .1,<4.1w ar!=s € M g:m E 2 =55i ^g Zg WELD COUNTY ROAD 7 wmv 12• cs(vr Nnw 11 zLA:g Mar Gii aP I m ,__� rN I 7' W ti F bq I wsw H 2. caw I ; o \-o. Wasp I '1 b , \ �¢ ll �gaa i wiz I n ry -\ g�m�"%5 1 C� 4 \ 2-e _ So₹la E H!)1 k4tlfm fir, m i e m !yam erd , •- sn \ aI I...NS_g 6''� \' I Ph 85 No 90e.ta :r p3 1.'�n gog \ . g:E m �k la' y•K m r KI II N lam' FB n Q. ho wn O § ;; i� oJn til wM 2 ^ Fr3_ ) II Pi ag • Q ' +l \ 348 a^; g z 5 i a` R t�,� .,. .. � ., 1� Ib� �p no5 U 230 Ko 2+a ICI LL _ ZZ O V a Ss EyJ N ` II �r ' HEST 11NE,NE 1/6,SEC. tfi u F '��LI I O T _ N00'50'10_w 2655.98' in 6 g :a m4a zN II aob�r W V / s 31 24; gm g 4 w .°Z� µy! �x QU / m O 3 ₹ 08 O cc as So / : g rw �� ' w N 33 Q55u WZ `°$ t z�woo �� 9.4 _ rho O bx s V z sb p `/ Fs'.; W s 3 Q � n V a �$5 '9 310 a I W$ g 2m ' fyyF O44 Wm :5 N 00 O gti -in— 'I \= vain d4la /4t OW" coin rc C CF,�'J,'9q_ Cy o o T n 01 F_I •'I i i~ /l�� v°iiot� oa'„nj �M� 7; . C Y p N N K < C 1 2.I 501'31'13"E °n �� rc I 1312.87 +111 'II W a 31 iu T lii l u ha N N— jn 4 R TOO r., w ON- 'n \ Nn V JI IIT w m h 655 mom ' `I I ,tp NOT 1 II 'n in y O m .i le - in-tin m v - o n t -Iie �t IC! I�a:olm� oe•wh m \ o y�y 0Fmn c' eni s`s iJOO�i�ii4D��i'� 20'.7.5 -'s '< i +>rLrar�r�pr.4>Oi�i��i _^%9Cks 'US r -EST ____ LINE. 10 -44-4 WELD C OA-D 5 .13 -1H WNNR b"' w r z o o a g $ - 0No i1'1 0 oox w SSI a ;- el< 30 € � n,1a z 3iV wd w i �' a'� 06 b ifs5555. m'eS 11I <t g �T on Rtlm Y Tn m p § �'�'o -Lg '403; .. ,5:01 ₹�a 1,1 5 m - i Qa , 9-1 $m`-a 'f vmi a x 5 g 5a Y $ S I m '�' z z d s i $ -g: A NI s s ap o0.v a g 3r Town of Mead /Fry 1 I RO.Box 626 441 Third Street Mcad"A Limo Town Mead,Colorado 60542-0626 With a Big Future" (970)5354477 CERTIFIED MAIL # 7010 0290 0003 1834 1366 October 17, 2011 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Notice of Public Hearing- Zoning for the Mead Village Annexation Planning Commission - 7:00 P.M.,Wednesday, November 16, 2011. Gentlemen: Please be advised that a public hearing before the Mead Planning Commission has been set to review and consider the zoning for a proposed annexation of a portion of the north half of Section 16, Township 3 North, Range 68 West, 6th Principal Meridian, in the County of Weld, State of Colorado. The property is owned by Weld Development Company, LLC, Larry Huddleson, Managing Member, 8000 S. Chester St., #240, Centennial, CO 80112-3559 . The property is located south of Welker Avenue,between WCR 5 and the railroad tracks. It is bordered on the south by the Highland Ditch and the Range View subdivision. The property is proposed to be annexed and developed for approximately 584 single-family dwellings, 117 attached single-family dwellings, and 190,000 sq. ft. of commercial space on the 185.2 acres. In accordance with Sec. 16-3-160 of the Mead Municipal Code, this notice has been sent to the Board of County Commissioners and County Attorney for Weld County, and to each special district or school district having territory within the area to be annexed and zoned. This notice has also been sent to service providers and those holding a franchise with the Town. Attached are copies of the public hearing notice, the proposed "Zoning Map" and "Concept Plan" for the property. Copies of the full application as well as the full-sized maps are available for review in the Mead Town Hall, 441 - 3`d Street, Mead, Colorado. The public's comments are welcome at the public hearing. Written comments may be sent to Dan Dean, Town Manager, Box 626, Mead, CO 80542. Very truly yours Aft Sandi F. Sugden, CMt Acting Town Clerk 20111017 PC Zoning PH Notice CSSD.wpd 10/27/00(11'27 AM) CC SD, Pi-, cAv*hard Copu� ID -1S-1I NOTICE OF PUBLIC HEARING MEAD PLANNING COMMISSION MEAD VILLAGE ANNEXATION NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Mead has adopted a Resolution of Substantial Compliance initiating annexation proceedings for"Mead Village," said Annexation being more particularly described in the following Resolution No. 22- R-2011. The Planning Commission of the Town of Mead will hold a Public Hearing commencing at 7:00 p.m., Wednesday, November 16, 2011, at the Mead Town Hall, 441 - 3r° Street, Mead, Colorado 80542, for the purpose of reviewing the petition and making a recommendation to the Board of Trustees regarding whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Mead, and to recommend the appropriate land use for the property, if requested. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petition and supporting material submitted to the Town are on file and available for public inspection in the Office of the Town Clerk, at the Mead Town Hall, 441 - 3 Street, Mead, Colorado 80542. Dated this 24th day of October, 2011. TOWN OF MEAD, COLORADO By: /s/ Sandi F. Sugden Town Clerk �YY Ft 2 78 %E;. a r R °;LI 21 ke g' %T.£e at y % Ch gk " e y Lyle Fed i 1 i. r,Fd b a rd x.rk 5_,rxg s FFF 4 `� %'� V P x,iF kc b sr, z 'f , 4 $• p'..;, 3 �I sc t 4 J 9 ; Y99 -. E r � EE` -y h f' e I X ? F L94 , fi d FPM' i9,,,,: Y z ^ ' f, Ca Z r iuN ri..3 -. Va\ a ..47.ii V. > 6 _ Yu Q < , h F:' . 2 O 's Y R t:,, £ X' i Y tl [Y Y h _ t'F•ht-t i y %% y% k h t % k ;E y w 3E *. k F E v 6 h ,g £ F F 3 c t i e( f t £ r £ . £ F 3 Yi C£ t P eti _ ,t. e - r -c. k Y r p17:1{ Fy R. � r. El il Y^ k t 5 K F ' t F :. F.. 88 eY a r ';' X.. t h e �C. Y i Y. - : i ; ..k r„ k be F % 91' zt x .�' . 99 t t tC Fh .� t 9 Y 4F w F s't xt i ! !19, rgi F 5u# yes ( k e� Fyn t ,, t d'rk t k t tr r, z - z F. cs <<? ' Y Y k':' 't Y: ' to r:�: to YX fE $. ':; `t_f e; I k- la Y r qi (0 €;s° a N ;k'=e siit wELD COONTI OAD 7 / / D f / I o �. o� -p� —� �—5515 1e e 56, -4;ryg 1 Z,`,),-0= ? j yk '-55. gb. Nb x�w ,t ¢eong LL N 55 y m a a i 3 55 a p Fp..� N v �, a i', w .boil , of 9 c66 � p z Z3 Ww x lig - \ hp WO v a l n g V B.7.it g } {J ry � .. -rc Z W'y N "p ;21 I J �StU 92 3 13` 1 9 F' Q to w a 9S, •e "u •I og 5. r I Yw£ \ za iI N OZ Q y U is oo 8z U_ Q _ P . 77/a.. ; o y O p d M 13 2.'7 pI I to?Z :Yl:: '! Y; O 9 . NN 1,1; O C E F q H.. ypy F q { l � f W6Y Q 424 WEL➢LWNT'ROM 5 / yC p Q n �.3i38 p — T ;35 t nap : V 84.) a E; e ¢¢ iI% r t x a q Ee on a) i€a,o F a o F 3€ 6 e E[[ g t e. W ' a W V 3 e� 7 6 E .4.R Y AY E w W G..� £ . Yr Z q.w £ R A. ¢ e KK 2, a Y (p e xRs 'g - 5 9 tl 5 y n' . J ]l 1.1 AVNA O t1t< r� Y �\ e R � u \ g C W Y ; 'C Wi q W ^ a�et; 1 u aF. l ‘ , a ,. F < ' f C t 33 K > F Er F k a�. bF y a c k Y. `n t of 'f EY AS,C t t i : R 49 f F a 3 - w F b t 2k L9 E 5 n W 'C i i r W 6 F L F € L [: E y kt tt i e c Y 4'z i. £ F C SF hZ F Y �� Li I r £ t F E¢ Y g _ l'] Y e £" F j zF F Gv. y i , Y F Yo_a 9 C fE 3, ft 2 g R 6 !I. 6E ' Z W Y L y b R � w b3 � € _ l � � Y i R. s f r. I d ' kEI W f f 5 • � F d . C� F,1 f 'S e 3 Fet t o- tit F s k N '• W F ' ., _ B 5y, b tl tl p" C tlf tlf N b 9 -- tla• N tl Cg tl b'� t r r ; k a C CC N x q a r a t' R. F des a e 1 z o "° b Pm U fr m O '2 � 2oo � U a+ � �'t _/ E �6J � a\_) ° c U eito �' / cap O a v. _fir C ° 1— 'E U �.� fl tW \ ` - 0u- ll/^\ii�O i Ti:Qs O cn0 g C8 jSS0C0 F • cn .._ 0.) 0 a § : E 13_ t g V i -P E P • • .'i . *• .v 4is $ - �s i4,-- - . ! Iffil('*A, .xu-. X11 rrisa �' : :t-; , ) O Iws .i 4.. ,....� Tal : // g �- 1, 1111 :e).4 r ' W il L. 11.1 Q p Y •1 � � •A Z • I ! Q • , O_ Q { G. ^ _ 7Ozw gal" .. c:D casi UJ J d w k 1 CC u. r i Pis pJp t J � 1 S _• aOL, ik•` `\ c!Lt AU . l•`� i V' N eg O ;mot .�t1 . a W zp � 4� : k 2 g � Up d LL " t, i o n U ` • -1rrrs r = w `- QsON N .2th % aQ. 8 me 0 Wz r:x 5C� J .yI;.:7�1 O CO `O CI) a L O c .\ �. o O r ` •"� W Wnth i 0 U.1 Q1 0 N- Luz .V t 1 rt `.JN �" J "' fir" .; ONA:2 lakr `� } _'� Q :. W y V • p i rcr-gip , ` Illi al .r f a 8 8 / i _ nil . LT. pc Y Nom ../ / D `. I ' tr, . QW — ; i.. ...at dot t } u Y 1 r IL_/ i iii 1; :, gai tr. l .0.7 QO rt o �i.�w� !oZ 4 t 1,11il __ 1 1 r•• t lam { '. 79 , CO a ` B4 r o : . A c itAi i fi • ,.y. - 1 • attelis* .' Rai m' •� 1 a.t 1 g n , IN wry 1-- tni ' - \ r i art liF;; • i a) g t 1 ray an, , a LNJM !4u o�_' MIME 12.6 1� E � EX a Se i li E ii! A # z U Q v� g1y� e r r . g «17a y4' M1 , �i? f U �_ a ' m ��++ Z n et . ll IG m �'N 9 I,. K Y`.. a§ {', .. ! QJ $8 �� .N I al 1 Wt N I 4 N T W 11 Nt W Q la ti 1 11.1 d w ;i� a .it u N .- Ww> cui Q « a aLL W o 0 g yams 2 Q 1 \i o C I i ; Lae. 2 = o e\ o 0- 80 g �,� ,d u i \,ts> , a N OFFSITE 2 Se -- ;a 6: rc 3 Hello