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Home My WebLink About20100778.tiff Town of Mead P.O.Box 626 441 Third Street Mead"A Little Fount Mead,Colorado 80542-0626 with a Big Future" (970)5354477 CERTIFIED MAIL# 7007 0710 0004 3718 5358 April 13, 2010 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Annexation of the Haley Property to the Town of Mead. Gentlemen: Enclosed is a copy of the application, maps and other supporting material for the proposed Haley Annexation Nos. 1 and 2 to the Town of Mead. This property is located in Weld County and contains approximately 646.89 acres. The property is generally located north of State Highway 66, between WCR 5 and '/Y mile east of WCR 1. The land is owned by the Haley Land Company, LLC and Susan L. Haley. The application seeks to annexed and rezoning the property into the Town of Mead, the desire to maintain existing agricultural and residential uses on the land owned by Susan L. Haley. The rest of the property will be rezoned a mixture of RSF - 4, Highway Commercial and General Commercial. 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 May 10, 2010. We ask that you forward your response directly to Samson, Pipis & Marsh, LLC, c/o Gary West, P.O. Box 1079, Longmont, CO 80502. Thank you for your cooperation and assistance. Very truly yours,u difI Charlene Revd, Town Clerk ? :`> `' S I " c, _ pubh c Petite tte) 2010-0778 9//V/0 C ` CAI So , PL wit TETRA TECH April 5, 2010 Mr. Dan Dean Town Manager Town of Mead 441 Third Street Mead,CO 80542-0626 Dear Dan: We received your comments dated March 22, 2010 regarding the proposed annexation of the Haley Property. Below is a listing of each of your comments followed by our responses in italics. 1. There is an error in the legal description in Tabl, Form D-2 in the"excepted"parcel which needs to be corrected. ("30.00 to..." should be"30.00 feet to...") We have corrected the legal description and inserted the updated version into the application notebooks. 2. The current Town Clerk is Charlene Reed. The"Attest"block in Tab 3,Form D-5 should be changed to reflect the correct name. We have updated the name of the Town Clerk and inserted a corrected version into the application notebooks. 3. Please review the annexation area size data,throughout the application and reconcile the discrepancies in total land area. In the first paragraph in the Letter of Intent of Tab 5 paragraph one indicates two parcels of 599 and 10.577 acres, for a total land area of 609.577 acres. The Concept Plan map Land Use Data Table totals 646.9 acres. We have corrected the Letter of Intent and all other references in the application to only use the 646.9 acreage figure. 4. In Tab 6,the Annexation Petition refers to Performance District I. The Town has adopted a new zoning code. The annexation petition should be amended to reflect the zoning categories contained in the Concept Plan. The annexation petition has been updated to reflect the current zoning categories. 5. It appears that the Mailing List in Tab 8 has not been updated from the 2008 submittal. We have identified 5 new owners that should be included an update mailing list. They are: a. Robert E. Ehrlich Parcel# 120717000012 b. Robert E. Ehrlich Parcel# 120720000051 c. Johnson Family Trust Parcel# 120717000013 d. NRC CO 1 LLC Parcel# 120716000057 e. Lindbergh LLC Parcel# 120720000048 The mailing list has been updated to reflect the information for these new owners. However, according to Weld County records, Lindberg is spelled without an `h'at the end. Therefore, this is the spelling we used in the updated application documents. 1900 S.Sunset Street.Suite I F Longmont,CO 80501 Tel 303.772.5282 Fax 303777_7039 mrvvw.tctratech.com It TETRA TECH Page Mr. Dan De. April 5, 2010 6. In Tab 9 of there are several corrections that need to be made to the Annexation Maps. Please see the attached"redlined"PDF for a visual depiction of the corrections requested. They are: a. Map No. lis labeled with a reciprocal bearing for the line from the east line of WCR 5 to the East 1/4 corner(POB Annex 1). This should be corrected on the map. Additional corrections should be shown on this map as noted below. The bearing has been corrected on the map. b. Please review format for Annexation Map title block on page 8-13, Section 16-8-108 of the Mead Land Use Code. i. Remove the quotation symbols(")before and after Haley Annexation; ii. Remove(sheet one of three),on page one and on subsequent pages; iii. Remove the()around To the Town of Mead,on the second line; iv. The second line should read: To the Town of Mead, Weld County Colorado; v. On the last line,remove the( )around the acreage,and delete"more or less"; vi. Please graphically show each Annexation on the Vicinity Map; vii. On the annexation map drawing, please tie the Annexation No. 1 labels to the Annexation No. 1 boundary with"arrows"; viii. Is a portion of Section 17 included in Annexation No. 1 general legal description? Please make same revisions to title block of Map No. 2; ix. Portions of Section 29 and Section 30 should be included in the general legal descriptions on Annexation Map No. 2; and x. Consider placing numbers 17 and 18 on each respective parcel in Annexation Map No. 2, Sheet No. 3. Also, it is suggested that this excluded parcel have a cross-hatch pattern to clearly show the area being excluded. The Annexation Map title blocks have been updated by the surveyor per your comments. c. The cover sheet in Tab 9 for the Haley Annexation No. 2 provides notes for title commitment exceptions 10 and 11. Both notes contain a statement"(AFFECTS TO BE CONTINUED),"with no further explanation. What is the meaning of this not The surveyor has clarified these notes on the map. d. Tab 9, Annexation Map. The cover sheet for the Haley Annexation No.2 contains the legal description for the "excepted"parcel of 3.125 acres.The legal description contains an error in the"commencement"paragraph of the legal description. The line "thence south 89°06' 02" West 30.00 to a point on the . . . "should read"thence south 89°06'02" West 30.00 feet to a point on the . . . "The same change should be made in all instances of the legal description within the application. The legal description has been corrected. e. In Tab 9 the map sheet for the Haley Annexation No. 2 should provide a"true point of beginning(TPOB)"for the"excepted parcel." The TPOB has been added for the excepted parcel. f. In Tab 9 the map sheet for the Haley Annexation No. 2 should provide a label for the Lindbergh property in the"excepted parcel." The Lindberg property has been labeled. g. In Tab 9 of the Annexation Map the map sheet for the Haley Annexation No. 2 should provide"bearing" labels for the following lines: i. The 1483.40' portion of the north line of the southeast quarter of Section 1 ii. The 2,624.33' portion of the north line of the southwest quarter of Section 20; iii. The 932.00' portion of the west line of the northeast quarter of Section 20, and IThTETRA TECH Page 3 of Mr. Dan Dean April 5, 2010 iv. The 2629.45' portion of the north right-of-way line of WCR 32 in the southeast quarter of Section 17. The surveyor has indicated to us that the bearing information for all distances is shown. 7. In Tab 12 of Annexation Impact Report the map shows a February 12,2010 revision date. However,the adjacent property owner labels have not been updated with the change of ownership of five of the properties. See Item 5 above. The labels have been updated as requested. 8. In Tab 13, the Concept Plan Map shows a February 12, 2010 revision date.However,the adjacent property owner labels have not been updated with the change of ownership of five of the properties. See Item 7 above. The labels have been updated as requested 9. In Tab 14 the Preliminary Soils Report prepared 2008 report is acceptable for the purpose of annexation. Site-specific soil reports will be required during the preliminary and final plat stages of development. Noted 10. Tab 15,Preliminary Utility Report. The preliminary utility report text has been updated from the 2008 version.The letters from the utility providers are all dated 2008. These letters should be updated. Even though the letters are dated 2008, these letters do not expire;therefore, they are up to date. The utility providers should be a referral agency and can comment during the referral period if there are any concerns. 11. In Tab 18,the Statement of Community Impact has been updated to reflect changes in the planned number of residential units in the development. The number of elementary students to be produced by the development may require the location of an elementary school within the subdivision. Discussions should be held with the school district regarding this possibility. The number of residential units has decreased since we met with the School District. We know that the St. Vrain Valley School District is very good at responding to referrals; therefore, once the School District has an opportunity to review and comment on this application, we will respond to their comments. 12. In Tab 20,the Development Compatibility Statements have been updated to reflect changes in the planned number of residential units in the development. It is suggested that the fourth paragraph of Sec. 20.2 be revised to indicate that it is the"lot size"that will vary between 7,000 and 20,000 square feet, not the size of the actual homes. The suggested change has been made. 13. In Tab 22 the applicant will need to provide separate legal descriptions for each zoning area depicted on the Zoning Map as well as the overall legal description of the property to be zoned. Legal descriptions for each zoning district have been added to the zoning map. 14. Please provide 11 x 17 Zoning Maps in each of the packets. We have provided 11"x17"copies of the Zoning maps. 15. Please note that there is an existing surface use agreement with TOP Operating Company that restricts present and future drilling activities to a single Oil and Gas Operation Area. A note was added to the annexation plat to reflect this agreement. TETRA TECH Page 4 of E:111 Mr. Dan Dean April 5, 2010 All of the application notebooks have been updated with the revised documents. Please contact me if you have any question regarding our responses. I look forward to seeing you at the Board hearing on April 12th. Sincerely, TETRA TECH Julie A. Cozad Land Planning Manager P\133 27364_08001_Haley Property Mead&Deliverables\Response to Comments#l\Haley Response.doc HALEY ANNEXATION APPLICATION MEAD, COLORADO Original Submittal: June 20, 2008 Updated Submittal: February 12, 2010 Table of Contents Professional Qualifications II. Annexation Documents Tab 1 - Conceptual Plan Application and Decision Record Tab 2—Fiscal Impact Analysis Tab 3 —Agreement for Payment of Review Analysis Tab 4—Annexation Base Fees 4.1 Application Fee—Annexation 4.2 Application Fee—Concept Plan 4.3 Engineering Plans Check Fee 4.4 Cash Deposit for Reimbursement of Town's Cost 4.5 Cash Deposit or Letter of Credit* Tab 5 —Letter of Intent 5.1 Vicinity Map Tab 6—Annexation Petition 6.1 Annexation Petition 6.1.1 Signatures of Landowners 6.1.2 Mailing Address of Each Signer 6.1.3 Legal Description of Land Owned 6.1.4 Date of Signature Signing (To be signed with Annexation Agreement) Tab 7—Proof of Ownership (Title Commitment) 7.1 Haley Land Co. LLC 7.2 Susan L. Haley Tab 8 —Mailing List of Adjacent Property Owners 8.1 —Electronic File of APO List 8.2—Assessor's Parcel Map 8.3 —List of Mineral Owners and Mineral Lessees Tab 9—Annexation Maps 9.1 - Land Surveying Standards Checklist 9.2—Annexation Map (I- 24x36, 1- 11x17) 9.3 —Annexation Map (3 Mylar Originals)* 9.4—Annexation Map Land Surveying Standards Checklist 9.5 —Annexation Map (AutoCad file) 9.6—Legal Description (Word Processing File) Tab 10—Northern Colorado Water Conservancy District Petition 10.1 —Letter from N.C.W.C.D. confirming inclusion in the district. Tab 11 — Warranty Deed for Non-tributary Water Rights (To be included with Annexation Agreement) Tab 12—Annexation Impact Report 12.1 - Annexation Impact Report(word processing file) 12.2 -Annexation Impact Report Map Tab 13 —Concept Plan 13.1 - Concept Plan, paper copy submitted (1 mylar original)* 13.2 —Concept Plan(AutoCad file) III. Annexation/Development Information Tab 14—Preliminary Soils Report Tab 15 —Preliminary Utility Report 15.1- Longs Peak Will Serve Letter(Appendix B) 15.2—Little Thompson Water District Will Serve Letter(Appendix C) 15.3 —St. Vain Sanitation Will Serve Letter(Appendix D) Tab 16—Water Rights Report Tab 17—Statement of Community Need Tab 18 —Statement of School Impact Tab 19—Development Impact Assessment Statements 19.1 Water 19.2 Sewer 19.3 Natural Gas 19.4 Electric 19.5 Telephone 19.6 Streets 19.7 Drainage 19.8 Law Enforcement 19.9 Fire Protection 19.10 Parks and Recreation 19.11 Environmental Considerations 19.12 Economic Development Potential Tab 20—Development Compatibility Statements 20.1 Street Master Plan 20.2 Subdivision Plan 20.3 Comprehensive Plan 20.4 Land Use Code 20.5 Existing and Adjacent Land Use Tab 21 —Comprehensive Land Use Plan Map Tab 22—Zoning Map Tab 23 — Surface Use Agreement with Top Operating Oil * Item to be provided at time of annexation approval per Town of Mead SUBMITTAL DOCUMENTS FOR HALEY ANNEXATION WELD COUNTY, COLORADO Prepared for: TOWN OF MEAD 441 THIRD STREET P.O. BOX 626 MEAD, CO 80542 Prepared by: TETRA TECH 1900 S. SUNSET STREET,SUIIE 1-F LONGMONT,COLORADO 80501 TETRA TECH JOB No. 133-27364-08001 ORIGINAL SUBMITTAL: JUNE 20, 2008 UPDATED SUBMITTAL: FEBRUARY 12,2010 ICI TETRA TECH PROFESSIONAL QUALIFICATIONS Haley Land Co. LLC February 2010 133-27364 , QUALIFICATIONS Land Use Planning & Landscape Architecture 1e emu , .. t. _1 x 1 • J + ~ ry. .� �dd+� V I eat _ u f i - 0 I ge' Wag riVia 1 s © TETRA TECH FIRM PROFILE For more than 35 years,Tetra Tech Inc.has been a leading With more than 7,500 associates located in the United States provider of consulting,engineering,and technical services and internationally,Tetra Tech(NASDAQ: TTEK)supports clients We offer proven performance and the best in professional in the private and public sectors and employs professionals in services;our expertise includes land use planning and the following disciplines: design,research and development,applied science and technology,engineering,construction management,and Land Use Planners Landscape Architects operations and maintenance. Civil Engineers Environmental Engineers Ecologists Wetlands Scientists Tetra Tech provides services to protect and improve the Geochemists Geologists/Hydrogeologists quality of life through responsible resource management Geotechnical Engineers CAD Designers and sustainable infrastructure. We continuously adapt our Information Technology Land Surveyors services to society's changing needs and to meet customer Water and Wastewater Engineers Tunnel Engineers expectations. Water Resource Engineers SurveyTechnicians Our staff is experienced,multi-disciplined,and innovative. Our primary strength is the ability to develop high-quality solutions to complex environmental and operational challenges that save our clients time,resources,and frustration. We inte- grate sound engineering and scientific principles with technical, regulatory,and operational realities to solve the most challeng- ing technical issues. Office Locations MT ME:. NOtrr k OR SD Mr MI wT IA j�� RI C� / UT 6 IN ON , 1 MD wv 9 co „S l r Vi MO NY \\\ N< MS T% 0 Corporate Headquarters —ZFL _ Award.:: Longmont Office Denver Office © TETRA TECH 1900 South Sunset Street,Suite 1F 8301 E.Prentice Avenue,Suite101 Longmont,Colorado 80501 Greenwood Village,Colorado 80111 T 303.772.5282 T 303.741.6000 F 303.772.7039 F 303.741.6106 LAND USE PLANNING Helping you develop enduring places. Tetra Tech has provided services in land use planning Services since 1972. By carefully considering factors related Permitting & Entitlement • .,,r to compatibility,sustainability,and public benefit we .Residential strive to enhance the quality of life for residents of the .Commercial communities we design and entitle. Our professional .Industrial services establish a benchmark for quality and .Gravel Mining innovation. Seventy-five percent of our work is repeat .Agricultural au , c, , business,and we have long-standing relationships with many communities along Colorado's Front Range. Master Planning •Mixed Use We specialize in all technical disciplines of land •Base Realignment and .i..--- development Our integrated approach to land use Closure(BRAC) 4.4741 planning planning and development gives our clients the edge .tit°to +tip 4.r " to complete creative projects on time and on budget. Site Design +.ab-." ' sf., r��+s P P 1 9 'a , •s.. z Xti Through thorough analysis,clear project definition, Pubic Sector Planning quality focus,knowing the regulators,and staying on •Comprehensive Planning schedule,we take a broader view on how to develop •Development Review innovative solutions and help you create award- •Develop Land Use winning projects. Regulations _ Clients Awards for Excellence in - o �� Urban Design and Planning U.S.Department of Defense _ t Lafarge West t + 2004 American Planning Association Colorado Suncor Energy ,,t Chapter Award for the Model Land Use Code for Semcrude Colorado's Small Communities D.R.Horton 1995 Colorado Governor's Smart Growth Vision Award Village Homes for the Frederick Comprehensive Plan,Design Hall-Irwin Guidelines,and Workbook Aggregate Industries % 1995 Colorado Governor's Smart Growth and Develop- Bosch Land Group /"` tmg menrAward for the public process used for rhe Forr Kanemoto Family • ^+,,. stet kve Morgan Comprehensive Plan Update • Town of Frederick,Colorado \,e�A icy' v,C S+r 1994 Colorado Governor's Smart Growth Award for Town of Dacono,Colorado N �! developing an innovative public participation plan for Town of Kersey,Colorado comprehensive planning Safeway 1 Dollar General I R.F.Holdings TerraVisions Mountain States Line Constructors Longmont Office Denver Office "., TETRA TECH 1900 South Sunset Street,Suite 1F 8301 E.Prentice Avenue,Suite101 Il �r J Longmont,Colorado 80501 Greenwood Village,Colorado 80111 T 303.7715282 T 303.741.6000 F 303.772.7039 F 303.741.6106 LANDSCAPE ARCHITECTURE Honoring the environment & enhancing quality of life. •^—anew'easing At Tetra Tech we approach our work with passion, Services c- -*---;7:14"5— creativity,and innovation. We provide services in •Master planned _ - {° landscape architecture for residential, communities - — _ " and industrial subdivisions,public parks for municipal- .Recreational parks and trails •r a!4 ities,and reclamation plans for gravel mining opera- .Streetscapes and public k , Lions. We have also been part of the redevelopment spaces effort at Buckley Air Force Base,providing streetscape, .Monument design - ..m <- ; trail,and landscape design. •Transportation corridors "r'. From large master planned communities to small and facilities '—i-i,g: urban parks,we draw on the latest technology and •Security design >' ,, design techniques to bring our client's visions and • Hospitality and resort 12,......T.--- ideas into reality. We provide an integrated and col- facilities laborative approach to the design process,with an in- •Institutional and academic house staff of landscape architects,land planners,civil campuses y 4 •Historic preservation and • %"i A engineers,and surveyors. Additionally,our familiarity YI restoration �,x 'e t with the design process and experience in working lb., t S •Mining and Reclamation rte. e. 4,./.1 with government agencies and municipalities enable ns �:Ow ��-44 TT "' {�Y�f '• ^y our clients to obtain the approvals necessary for .Res dential and commercial construction. Customer service is our number-one _�Y yS� y_ f. a 1 priority,from conceptualization to implementation, landscape design '4111:1 sr irr �"ir and we are committed to maintaining the highest ttt: e"�_t; '1-�x '��' s },� standards as your partner in success.1. Clients t • t ro `p' '4§ MSP Companies Tike' r ` Buckley Air Force Base "` 69 Mets LLC/Ithaca #JT�� -` Development � �'. ' ell 1 a KB Homes —~ DR Horton Dollar General - +p, CHeureuxConstruction ` 1;111- t ` s .A Red Fox Run ,, Phillips Custom Construction q ' "` Town of Milliken,Colorado __ • " •- Town of Berthoud,Colorado Nw r f" Town ofJohnstown,Colorado ct d. • 'mati„r Longmont Office Denver Office la TETRA TECH 1900 South Sunset Street,Suite IF 8301 E.Prentice Avenue,Suite101 Longmont,Colorado 80501 Greenwood Village,Colorado 80111 T 303.772.5282 T 303.741.6000 F 303.772.7039 F 303.741.6106 0 TETRA TECH STATEMENT OF QUALIFICATION; • Y'$ �J'�xY•b+a:... • •s-rl al TABLE OF CONTENTS Company Overview 1 Water Systems 2 Membrane Technology 2 - Arsenic Removal 2 Project Experience 3 Water Products 5 Water Resources 6 Hydrology, Hydraulics, Floodplain Management 6 Stream Assessment&Restoration 6 \ Water Quality Modeling 7 „r► Total Maximum Daily Loads 7 Water Quality Standards 7 -r' NPDES Program 7 ,,,.;+,Q�; I"i Nonpoint Source Pollution Control 8 Geographic Information 8 Monitoring 8 Public Outreach 8 Project Experience 9 iglikw'r: ' Distribution&Conveyance/Storage&Wells 11 ,, Wastewater Systems 13 is,.w"e^= Project Experience 14 Industrial Wastewater 17 1 Wastewater Products 18 Solids Management&Operations 19 Bioenergy/Waste-to-Energy 19 Biosolids 19 I Project Experience 20 Storm Water/Flood Control&Wet Weather 22 Storm Water Management 22 ^ ---. �k \ Project Experience 23 Mining Services 25 _� Water Treatment 25 - Hydrology 25 Specialty Services 25 Mining Support Services 26 Project Experience 28 Q Energy&Process Optimization 29 m• 50/50 Energy 29 .,,ps: I ,n= Process Evaluations/Energy Audits 29 $ Renewable Energy 29 Comprehensive Performance Evaluations 30 ,, Civil Engineering&Consulting Services 32 Utility Management Consulting 32 ' r `'AK. Site/Civil,Land-Use Planning&Land Dev 33 Sustainable Design 33 General Civil Engineering 34 Construction Management 34 Electrical Engineering/SCADA 35 Training 37 -Vrn, jar-;, ", Water Training 37 Value Engineering 37 ---'� Additional Services&Solutions 38 Key Personnel 39 C gi:r� \r \] F � \D F,ITI 42 /k V i,,,, tS15::, a » .� . . & , �=xv. .. � > x © » � , ( I s ( \q TETRA TECH I f' l - 14 1, �. COMPANY OVERVIEW At Tetra Tech, we seek clear sustainable solutions that improve the quality of life. We take this responsibility seriously because Tetra Tech's work often places us at the center of our clients' challenges regarding environment,safety, and sustainability. As one of the largest engineering consulting firms in the Service:Tetra Tech puts its clients first.We listen better United States, Tetra Tech has built a reputation in the to understand our clients' needs and deliver smart, industry as a leader in developing effective solutions to cost-effective solutions that meet those needs. constantly changing, tough engineering challenges. For the past four decades, Tetra Tech has been providing Value: Tetra Tech takes on our clients' problems as if public and private clients innovative answers to they were our own. We develop and implement real- complex engineering problems. Our reputation for world solutions that are cost-effective, efficient, and providing effective engineering services is backed by practical. reliable systems, engineering, scientific, economic, and business analyses. Excellence: Tetra Tech brings superior technical capability, disciplined and detailed project Toe management, and excellence in safety and quality to all Engineering News-Record Rankings,2008 e� .untae*rer of our work. tb. n WWeeF s sissinnS "°4"""""""'°""' retaily"" Opportunity: Our people are our number one asset. Our No amllszottlasViode workforce is diverse and includes leading experts in our �`-�:�w�ty-�x- ��9� fields. Our entrepreneurial nature and commitment to a success provide challenges and opportunities for all of Tetra Tech is a leading provider of consulting, our associates. engineering, and technical services worldwide. We are a diverse company with over 10,000 employees, and over 250 offices. Our strength is in collectively providing integrated services — delivering the best solutions to meet our clients' needs. Study Design Advise Build Water Resources Water and Wastewater Trmt. International Development Construction Watershed Management Water Resources Remedial Planning Unexploded Ordinance Environmental Management Transmission/Conveyance Carbon Management Wind Energy Groundwater Services Buildings Systems Test and Evaluation Solar Energy Mining Services Transportation Services Regulatory Consulting Bio Energy Geotechnical Wind Farms Disaster Management Environmental Remediation Information Technology Remediation Technical Augmentation Nuclear Engineering Energy Optimization LEEDs Public-Private Partnerships Wetland Restoration Land Development Utility Management Consulting Oil&Gas Pipelines Instrumentation&Controls 0 TETRA TECH r, � \ :4;:::111:117131. 7444 ;;;?Vi \§ � f • IThITETRATECH [ Statement of Qualificationsz4 WATER SYSTEMS Tetra Tech has been helping local governments, Membrane Technology municipalities, and utilities to provide safe, clean Our experience with the planning and design of drinking water for more than 40 years. Tetra Tech is membrane technologies for advanced water treatment dedicated to providing solutions to the challenges include micro- and ultrafiltration systems, such as faced by those who manage water nanofiltration and reverse osmosis. Our expertise around the world. With client input, involves pilot testing programs, evaluation studies, s }, �l we can address the entire water preliminary design, final design, permitting, system � cycle - from precipitation to xit integration, and start-up activities. We have also evaporation - ensuring the developed close working relationships with numerous m protection of valuable water manufacturers and specialists familiar with the rapidly sources and the reliability and quality of delivered changing state-of-the-art water treatment technologies. water.The goal is to help find better ways to deliver the Thus, we offer highly skilled engineers and technical safest water possible and to practice sustainable specialists with extensive knowledge in the design of design. diverse treatment systems and components that will • Storage ensure a water quality that meets or exceeds • Transmission&Distribution state/federal standards. • Wells • Pumping • Treatment wf$1.0 • Source Protection/ Development Infrastructure . • Master Planning • Watershed Management&Source Protection :17 if • Membrane Treatment • Reservoirs&Storage Tetra Tech maintains up-to-date knowledge of drinkingsirr - water regulations and assists clients in evaluating •r'. ..eirr facilities for regulatory compliance. - r F1'"-, Tetra Tech's water treatment plant expertise spans feasibility and design through plant startup and Arsenic Removal ongoing operation and maintenance. Tetra Tech Tetra Tech has extensive experience implementing understands process control strategies, chemical treatment technologies for arsenic removal. Our staff is feeding and handling, pumping, and all treatment experienced in removing arsenic from water for processes and equipment selection for surface water drinking waste purposes and wastewater discharge and groundwater treatment. Tetra Tech has designed needs. Tetra Tech has designed arsenic removal processes to resolve groundwater issues with: iron and systems with the following treatment technologies: manganese, radioactivity, organics, inorganics, • Granular ferric hydroxide(GFH)adsorption corrosivity, and hardness; and surface water problems • Ion exchange involving: varying turbiity, corrosivity, taste and odor, • Coagulation/filtration/sedimentation color,and colloidal particles.Engineers and consultants • Reverse osmosis are well-versed in computer simulation modeling of water systems and have designed both gravity-flow and pumped-flow installations, as well as pump intake systems for both lake and river applications. © TETRA TECH 2 Statement of Qualifications Project Experience Buffalo Water Treatment Plant City of Buffalo, Wyoming Provided design / construction phase services for the plant upgrade and expansion to keep up with growth and comply with the Disinfectants and Disinfection By-products Rule. ' - +rax- The expansion increased the plant capacity from 4.0 MGD to 7.0 MGD and included DAF pretreatment with microfiltration system. Also included was on-site sodium hypochlorite generation disinfection. Disinfection by-products analyses were performed in addition to simulated distribution system tests in order to predict the likelihood of regulatory compliance. Chemical storage and feed systems were designed to accommodate the chemicals indentified in the study phase. \`;',� y I1,, TSB' Castle Pines Water Treatment Plant `F "C` 1k Castle Pines Metropolitan District, Castle Rock, Colorado pciiL �"- - Tetra Tech provided design for the new $2.6 million water treatment plant which A consisted of a 5,550 square foot masonry building constructed on a 0.86 acre site. The gyp? ;. - two, 1.0 MGD treatment units are located in a 2,500 square foot process area. The remainder of the building includes a laboratory/office area, lockers/restrooms, blower room, mechanical room, chemical storage/feed room, and general storage room. The process room includes two, 2,800 gpm backwash pumps,a single 150 gpm surface wash pump, and a single 700 gpm backwash reclaim pump. Below the process area are two basins, a 65,000 gallon clear well and a 61,000 gallon backwash waste holding basin. In addition to the main plant building, a separate meter/valve vault was constructed to collect flow from multiple wells and combine the flow for the water treatment plant.Tetra Tech provided construction administration and observation services and provided coordination with the South Metro Fire District, and Douglas County through the Site Improvement process. Water Utility System Upgrade & Expansion City of Arvada, Colorado ilk r, As part of the 36-mgd Ralston Water Treatment Plant upgrade, Tetra Tech provided • design of process improvements, reducing the City's chemical costs as well as b.; - operational problems. The project consisted of hydraulic improvements, mixing and chemical feed additions, computer control systems, head reductions facility, all new valves, painting, pipe, gate, and concrete repair. Tetra Tech received and Engineering Excellence Award from the Colorado Consulting Engineers Council for this project. Tetra Tech also completed a process master plan for the Ralston WTP, including a detailed assessment of the existing facility to lay the groundwork for needed future improvements and expansions. Approximately 650 L.F.of 48-inch, 36-inch, and 24-inch yard piping was also designed and constructed as part of the project. TETRA TECH 3 Statement of QualificationsWater Treatment Plant Port St. Lucie, Florida • 1t . In 2005, Port St. Lucie, Florida, was named the fastest growing city in the United States, having grown from approximately 10,000 residents to the current 135,000 residents in less than 20 years. During that period, the City's Utility Systems Department was tasked with providing and maintaining a water distribution system to serve these residents. In 2000, Tetra Tech was selected by the City to design and oversee construction of a state-of-the-art Reverse Osmosis (RO) water treatment plant to treat brackish water from deep Floridian Aquifer wells. The water facility was to have an initial capacity of 6.0 million gallons per day (mgd) and the ability to readily expand to a capacity of 20.0 mgd. Tetra Tech provided a facility design for the initial capacity on a green-field site allowing for phased construction and start-up of the proposed facilities to meet the City's rigorous schedule for additional capacity. In 2005, the City authorized Tetra Tech to begin design for the facility expansion to a total capacity of 22.5 mgd. Other project features include a main laboratory facility,storage and pumping facilities for the deep injection well, odor control scrubbers to remove hydrogen sulfide from the degasifier exhaust air, and auxiliary power generator facilities. Water Treatment Plant Woodmoor Water & Sanitation District, Monument, Colorado Tetra Tech designed a 4 MGD water treatment facility and site piping from the raw water sources to the plant. The process area will house three 1 MGD Trident packaged treatment units, with space for one future 1 MGD Trident unit, and vertical turbine pumps for the raw water equalization tank, backwash waste storage tank, and clearwell located below grade. The plant's main level will also house pipe gallery areas, hypochlorite room, bulk chemical storage feed rooms, blower/compressor room, ozone room, mechanical room, electrical room, and an administration area containing a lab/office/control room, restroom, storage closet, and entryway. The bulk chemical storage area will house the alum and caustic bulk storage tanks. Potassium permanganate and polymer will be stored in the chemical feed area along with the alum, caustic, potassium permanganate, and polymer metering pumps. 0 TETRA TECH 4 • Statement of Qualifications ! ;' Water Products Water Products Tetra Tech has developed the following products for the • Calculate impacts of pH changes due to chemical American Water Works Association (AWWA), which are addition on Cl2 residual and TTHM concentrations designed to help evaluate effects of chemical additions • Predict conditions under which a water system will on the stability of water, predict changes in water precipitate:Cu2(OH)2CO3, CuO, Cu(OH)2, Fe(OH)2, quality parameters, and evaluate some solids that are Fe(CO3), Fe(OH)3, and Al(OH)3(fresh and aged) important in water treatment: • Evaluate chemical treatment & dosage options, • RTW Model for Water Process & Corrosion their economics, and facilities for their Chemistry,Version 4.0 implementation • RTW Water Softening Calculation Model • Calculate parameters such as water pH, alkalinity, • RTW Blending Application Package CCPP, Ii,and DIC • These products are utilized by water treatment plant operators, schools and universities, and consulting Model for Softening Calculations, engineers internationally. Version 1.0 ..„x _, «.•.,.,,• . .FW„ %- „ . _. ▪ This a spreadsheet-based tool designed to help ` - users estimate the types of hardness, the doses s required for softening, the water characteristics before and after recarbonation, and the amount of sludge resulting from the softening process. . Benefits include: • Select the process used for softening (Lime-Soda Ash or Caustic soda-Soda ash) gI • Presents the types of hardness in the system, both ---- --- -. - ' - -- - -- mathematically and graphically. • Provides quick and accurate estimate of the Model for Corrosion Control & Process required doses for softening for waters Chemistry Varies the desired final water characteristics • The RTW Model 4.0 is a spreadsheet-based tool (calcium&magnesium ion concentrations,and pH) (Quattro Pro 8® and Microsoft Excel® 5.0) Estimates amount of CO2 required for designed to help users evaluate effects of recarbonation chemical additions on the stability of water and • Estimates the amount of sludge produced as a predict changes in water quality parameters, such result of the softening process as pH and calcium carbonate precipitation • Provides quick and case specific solution potential. The RTW Model 4.0 can be used to • Incorporates the effect of calcium & magnesium evaluate some solids and help: Develop corrosion complexes on the solubility of the solids calcium control strategies carbonate&magnesium hydroxide • Define optimum conditions for coagulation • Eliminates or shortens lengthy experimental work processes that utilize Aluminum, Ferrous, and involved in jar tests Ferric salts 0 TETRA TECH 5 I\ 1 r �. 1::::::-.1.' F P d 1 m 1 y? . » w t 3 4 / ;$ . [ \ . ( \ !,/ , , ( } ? I ' / » \ H12- TETRA TECH I G 4. Statement of _ Qualifications Ala WATER RESOURCES For more than 40 years Tetra Tech (Tt) has been team members are experienced in multiple hydrologic helping local governments, municipalities, and utilities methods, as defined by local, State, or Federal meet the growing demand for water in the Front Range agencies, for calculating discharges from watersheds and across the country. Whether your challenge is and analyzing complex drainage systems. water supply, quality, conservation, storage or distribution, we provide clear solutions. We are a world Hydraulics experience includes design of open channel leader in developing and implementing innovative and closed storm drainage systems using an array of practices to ensure a safe and plentiful water supply is hydraulic modeling programs. We have designed available for your citizens now and in the future. numerous hydraulic structures ranging from culverts along small creeks to major outlet works for reservoirs and lakes. Join.• Tetra Tech provides FEMA National Flood Insurance Program support for clients, including the production of all types of Letter of Map Change. Projects range from i evaluation and retrofitting of existing structures to new �` k` „ construction. Our client base includes both the public and private sectors with a focus on land development, mining,and governments from local to Federal. - Delivering water cleanly, safely, and cost effectively is _.. _ - .. today's great challenge for communities everywhere.As • population centers grow, so too does demand for k _ - precious drinking water. Tetra Tech, the nation's -, - -- - number one engineering firm in water services, has .- - -. been developing and implementing innovative ways to -- -. use this finite resource efficiently for more than 40 years. Stream Assessment and With more than 275 offices worldwide, Tetra Tech has Restoration a presence in nearly every major city. Whether your Tetra Tech provides a suite of technical services to community wants to update or maintain its water assist clients in all phases of stream corridor infrastructure, is seeking a better way to manage restoration, including inventory and analysis, planning, compliance,or is planning new construction, Tetra Tech restoration design, restoration implementation, can provide solutions for your water needs monitoring and evaluation, public outreach, and training. Tetra Tech staff are experienced with conducting hydrologic and hydraulic studies, including Hydrology, Hydraulics, and determining multilevel flood discharges and flood Floodplain Management elevations and the appropriate application of Rosgen Tetra Tech provides comprehensive services for surface Stream Classification for stream assessment and water drainage, including hydrologic and hydraulic restoration analyses, system planning, and design. Tetra Tech 6 TETRA TECH Statement of Qualifications f. Water Quality Modeling Water Quality Standards Watershed and water quality modeling is an essential The water quality screening and modeling services tool in environmental planning and analysis, providing offered by Tetra Tech are a result of decades of hands- estimates of source loading and a quantitative link on experience in assessing impacts on waterbodies between source loading and receiving water response. across the country and determining the relative Tetra Tech's modeling capabilities range from in-depth contribution of point and nonpoint sources. We are experience in applying and supporting standard models nationally recognized for our expertise in water quality such as HSPF, SWMM, RIV1, CE-QUAL-W2, EDFC, analysis using techniques ranging from screening WASPS, GWLF, and QUAL2E to the development of procedures and decision tools to detailed modeling.We advanced modeling systems like BASINS and the EFDC offer cost-effective procedures for setting water quality Toolkit. objectives, determining management needs for meeting objectives, and evaluating pollution control alternatives at the watershed and field scales. We also offer innovative screening and modeling tools for Smart Growth planning that assess water quality impacts, define performance-based management goals, and develop design specifications to preserve #,! predevelopment conditions. NPDES Program f•'i .•id '' ' '""�' Tetra Tech has supported all aspects of developing and implementing the National Pollutant Discharge Elimination System (NPDES) permit program at the "" federal, state, and local levels. We provide our clients vy some of the most innovative tools available for NPDES - €° ',, , " _ compliance. From application review to compliance inspections, our NPDES team has the knowledge, experience,and efficiency needed to get the job done. Total Maximum Daily Loads Tech's practical experience in establishing Total Maximum Daily Loads (TMDLs) throughout the United - - - States is unmatched. Since 1995 we have developed `a,.:,≥;�: s� TMDL calculations for more than 2,500 TMDLs in 45 states and territories covering pollutants like fecal ! '` coliforms, nutrients, pesticides, and metals for lakes, 4 rivers,estuaries,and lagoons in watersheds of all sizes. _ r We focus on developing techniques that result in more efficient and defensible TMDL development by the states or, when necessary, for EPA backstopping of - lawsuit mandated deadlines. OTETRA TECH Statement of Qualifications Nonpoint Source Pollution Monitoring Control Watershed data needs to be efficiently compiled and Controlling pollution from nonpoint sources re quires a processed for successful watershed assessment. Tetra strategy that considers a complex combination of Tech has worked with local governments, states, EPA, assessment, prevention, and mitigation issues. Tetra and other federal agencies to develop monitoring Tech's scientists and engineers have practical methodologies and analyze the data produced. We experience in identifying and evaluating factors such as provide recommendations on the type, level, and climate, soil, and cultural and economic conditions for frequency of monitoring needed (if any) while taking various locations and incorporating this information into account overall program goals, cost, timing, and into the development of scientifically sound, social issues. Whether trying to establish baseline data economically feasible control strategies. or assessing the success or failure of a watershed management program, we understand that the need for accurate monitoring data—physical, chemical, biological,or habitat measurement—is crucial. Public Outreach A key component to the successful implementation of 1 t� watershed strategies is effective outreach and stakeholder involvement in the watershed. Tetra Tech has developed and conducted public outreach and ,,:„ stakeholder involvement workshops and focus groups and has developed high-quality outreach materials for federal,state, and local clients.We understand that the r 1r. A'd requirements for conducting successful stakeholder /� :� training workshops include a thorough understanding of the material and the ability to successfully communicate information to workshop attendees. We Geographic Information have an experienced staff, and produce public Tech integrates Geographic Information Systems (GIS) outreach materials that effectively communicate into investigation and design tasks to more effectively technical information to a variety of audiences. visualize and assess the natural and constructed world. Tetra Tech utilizes GIS in various projects including water resources, geotech nical, environmental, planning, and permitting. Spatial databases are developed to provide thorough evaluation of geologic and hydrologic systems through modeling, data management and evaluation.Tetra Tech has worked on a national level with the EPA to develop BASINS, which uses GIS to incorporate data layers with water quality modeling tools, including BMP implementation. Ezi TETRA TECH 8 Statement of Qualifications Project Experience ice., Alluvial Well Field & Aquifer Recharge & Recover �(p@�,,e- ' Prairie Waters Project North Campus, Weld County, CO Fes■ Recent drought conditions exposed system inadequacies and highlighted the need to - ,• improve Aurora's system reliability. In March of 2003, Aurora's reservoirs were �� rI"A'� depleted to 26 percent of capacity. A comprehensive, integrated resource plan identified the Prairie Waters Project as the most efficient and effective way to meet the —.� - City's water demands. In addition, in comparison to other alternatives, it could be r, completed in a reasonable time frame, at an affordable cost, and without adverse 'k .. t� impact to the environment. ` xe The Prairie Waters Project is currently the largest water resources project in the Western United States. At full build out it will supply 70 cfs of South Platte River water to the City of Aurora. The North Campus provides the water to the Prairie Waters Project. The existing "core project" will supply 19 cfs of South Platte River water to the Aurora Reservoir Water Purification Facility(ARWPF).The water will be diverted from the South Platte River via an alluvial well field.Tetra Tech evaluated a range of alternatives for the diversion and determined that when considering water quality improvements provided by River Bank Filtration(RBF)and site constraints,alluvial wells were the most cost effective means of diverting water from the river. Our analysis of diversion alternatives considered conventional surface diversions, radial collector wells and conventional vertical wells. The Tetra Tech design elements for the North Campus facilities included, electrical power, fiber optic communications network and Supervisory Control and Data Acquisition (SCADA)for the well facilities. Tetra Tech was chosen to design and test the alluvial wells which extract water treated by riverbank filtration (RBF), and infiltration basins which further treat and recharge water for later recovery(ARR). The infiltration basins will recharge into aquifers that are separated from the alluvial aquifer by a low-permeability barrier(LPB). To date, 18 alluvial wells have been successfully tested along with a test infiltration basin. The wells have produced as much as 1200 gpm of water with reduced organic carbon and nitrate. The infiltration basin has demonstrated 10 foot per day infiltration rate with no water table depression, and as much as 24 feet per day with water table depression. The RBF and ARR systems remove nutrients, organic contaminants, and pathogens before the water is delivered to a conveyance pipeline, and ultimately to a new treatment plant. The pretreatment system will provide significant cost savings for the treatment plant(ARWPF). 0 TETRA TECH 9 Statement of Qualifications • Water Resources Planning City of Longmont, Colorado "- - Tetra Tech, Inc. has provided the City of Longmont with water resources planning services since 1972. Tetra Tech, Inc. has conducted analyses of future raw water rJ?,;, „•, demands, evaluated the yield of the City's raw water supplies,compared future drought demands with raw water supplies to determine the adequacy of the City's raw water supply system,and evaluated alternatives for future raw water supplies. Tetra Tech, Inc. has provided water rights litigation support for numerous City water rights applications. These applications included: changes of use from irrigation to municipal use, changes of use from direct flow to storage, changes in place of storage for storage decrees, new storage appropriations and quantification of the timing, amount, and location of lawn irrigation return flows within the City.The largest of these projects was a water rights change of use for six irrigation ditches resulting in the successful transfer of 7,000 acre-feet per year. Tetra Tech, Inc. assisted in the settlement negotiations associated with these water rights applications. Additional services included: design, construction observation, and surveying services to the City for numerous transmission and distribution pipelines, sanitary sewer lines, dams and a 28 MGD water treatment plant. r South Platte Reservoir Arapahoe County, Colorado � ,. . -,,. , ",. The South Platte Reservoir is located north of Chatfield Reservoir. It is adjacent to several residential subdivisions and a popular greenbelt park along the South Platte River. The site was transformed from a working gravel mine into a municipal raw water storage reservoir for Centennial Water and Sanitation District. Tetra Tech, Inc. was retained to evaluate the feasibility of constructing a 6,200 acre- foot reservoir. A complete geotechnical engineering and environmental investigation was performed. Subsequently, Tetra Tech, Inc. was retained to design the reservoir, prepare plans and specifications, and provide permitting assistance with local and State agencies. During the design process, Tetra Tech, Inc. provided support services for condemnation hearings on the property. Phased embankment construction, incorporated within the mining plan, began in the spring of 2001. Tetra Tech, Inc. is providing construction related services during embankment construction. In addition, Tetra Tech, Inc. designed several ancillary components for the reservoir; including 3,000 lineal feet of 48-inch diameter pipe and a 60 cfs pump station. The reservoir design includes a 70-foot high-zoned earth embankment, a Probable Maximum Flood by-pass channel with drop structures, a multi-leveled outlet works, and two acres of wetlands. The embankment will be approximately 11,000 feet long with a total fill volume of three million cubic yards. The PMF channel is 100 feet wide and will convey up to 23,000 cfs. Included in the channel design are wetlands, water quality ponds, and a wildlife corridor. 01 TETRA TECH 10 �; \ a VS.� l ; tiTl; �n �» % • ) �� *1 \ 14; . �. - / (-Ib) TETRATECH ' . . � r EL • Statement of Qualifications DISTRIBUTION & CONVEYANCE, STORAGE & WELLS Tetra Tech can provide experts in water storage, wells and distribution, sewer-lines and wastewater conveyance, reuse and irrigation-for new projects and rehabilitation of existing infrastructure. Rehabilitation of existing infrastructure extends life with less cost and disruption than replacement. A variety of rehabilitation techniques can be used to meet objectives, including varied solutions for large and small projects. Tetra Tech is experienced in wellhead treatment, and rehabilitation of storage tanks, and specialized techniques for distribution/conveyance that include slip lining, horizontal directional-drilling, boring, microtunneling, cured-in-place pipe (CIPP), pipe bursting,and pipe bursting. Issues such as flow management during construction, proper anchoring of liner to existing lines, maintenance of hydraulic capacity post lining, and access issues for project implementation can be addressed. • Combined & Sanitary Sewer Overflow (CSO/SSO) • Odor and corrosion control elimination • Surface water intake development • Distribution systems including pipelines and pump • Tanks and storage stations • Water reuse • GIS and system modeling • Well development • Infiltration and inflow • Wellhead and source water protection systems 36-Inch Raw Water Supply Pipeline •r T Pueblo West Metropolitan District, Pueblo, Colorado Tetra Tech was responsible for the design and construction of approximately 22,800 linear feet of 36-inch high-pressure raw water transmission pipeline from the existing raw - - - water River Pump Station#1 located at the outlet of the Pueblo Reservoir dam to the raw water storage tank at the existing WTP. The addition of the new pipeline marked the completion of the first phase of an ongoing project to increase the future capacity of the ` Districts entire raw water delivery system from approximately 10 mgd to 29 mgd. The } project included route selection for the pipeline, surge analyses and hydraulic 3`- • evaluations, material selection, final design, and procurement of materials and • installation using a two-phased approach with prepurchase of the pipe followed by r..�y.,,,w •.. • - selection of the installation contractor. Control communication design had to be compatible with existing WTP controls and future controls at the existing River Pump Rockrimmon at Freemont Sewer Replacement Colorado Springs Utilities, Colorado Colorado Springs Utilities retained Tetra Tech to provide engineering services to evaluate the re-routing of approximately 1,800-feet of 36-inch diameter gravity sewer line located in the north western area of Colorado Springs. Tetra Tech evaluated three sewer line routing alternatives to potentially re-route sewer flows from an aging and structurally unsound aerial crossing across Cottonwood Creek. Evaluation included minimizing requiring of additional easements, impacts on property owners, constructability, sewer materials evaluation,cost and required permitting. mitTETRA TECH 11 • Statement of -. Qualifications f e� South Platte Reservoir Raw Water Pipeline Highlands Ranch, Colorado '-) Tetra Tech, Inc. designed two miles of 48-inch raw water transmission pipelines. The 'S- g pipelines connected to two existing pump stations for the McLellan Reservoir and one - - - future pump station for the South Platte Reservoir. Phase I construction included the crossing of an irrigation ditch and open cut crossing of the South Platte River. The river was diverted around the construction.The entire reach of pipeline was located within the South Platte Park, a major native linear park located along the South Platte River. Native revegetation and tree planting to replace the existing forest were part of the project. Tetra Tech, Inc. also coordinated the design with multiple governmental agencies. Phase II construction included the crossing of an irrigation ditch, state highway and railroad right-of-way (570 LF total length) by installation of a 72-inch casing by tunnel. Multiple property ownership was involved in this phase including both public and private land ownership. Coordination of work through a sod farm and a horse rental operation was required during construction. Design and construction surveys, geotechnical design and construction engineering were performed by Tetra Tech, Inc.. Work included full time observation and related engineering services. Construction design was performed by a subcontractor. Potable Water Treatment System " w Barrick Mining Corporation, Nevada - Tetra Tech led pilot testing, permitting, design and construction of a $2.0M potable water treatment plant for a non-community, non-transient system. Project included design and permitting of two 1,700-foot water supply wells, heat exchangers to reduce water temperature from 135 degrees F to 90 degrees F, coagulation-assisted microfiltration for arsenic removal, strong-acid ion exchange for radium 228 removal, a new 100,000 storage tank, and 19,000 feet of transmission pipeline to two existing distribution systems. The system contains a dedicated PLC and SCADA control system for fully- automated operations. Storage Tanks & Wells Blue Mountain Water District, Colorado Tetra Tech provided planning, design, and construction engineering for a complete new water system. Included four water storage tanks, four deep wells, three pump stations, numerous pipelines, and a groundwater treatment plant which included uranium, radon, and iron removal. elTETRA TECH 12 , . �\ . � \/ 1 /k ,� /� . . » . : :4,11-a, Cic �{ \ IIThITETRATECH \ % \ . \ 2 Statement of Qualifications WASTEWATER SYSTEMS Tetra Tech offers comprehensive services in process development and testing for difficult-to-treat wastewater collection, treatment, reuse, disposal, and wastes.Treatment plant designs have entailed: solids handling, treatment, and disposal. One • Single basin nitrogen removal process specialized focus of practice includes upgrade, developed by Tetra Tech expansion, and retrofit of existing facilities. • Conventional and extended-air activated sludge plants - . The Tetra Tech team • Oxidation/anoxic ditches with effluent filtration =r xGama"'"-`,1 has learned that it • Aerated lagoons .,•r -"" w.,, -! p^ takes special • All biosolids processing: thickening, dewaterjng, .,, i knowledge and carefuler digestion,composting, land application and reuse attention to work in and • Odor control facilities for liquid and solid around existing processing facilities, and its • Trickling filter, rotating biological contactor, and experience demonstrates the importance of properly microfiltration plants integrating all facility components,old and new. • Associated piping, .n , a , y<,,� . , ,,, ,a-.a pumping, and lift7.__ Tetra Tech's approach to the design of wastewater stations ^ _ facilities involves maximizing the use of clients' existing Reuse and facilities where feasible. Tetra Tech utilizes two reclaimed water important approaches to facility design. First, evaluate piping, pumping and - `` the existing facilities in a comprehensive manner, but other facilities _t. t with specific detail utilizing process and microbiology experts. For clients, Tetra Tech often finds excess Tetra Tech has designed plant upgrades and capacity available in some processes and specific expansions to resolve problems involving: inadequate limitations in others. This allows clients to increase capacity, corrosion,operating failures,discharge permit plant capacities with limited expenditures. Second, violations, and excessive odor. Tetra Tech utilizes sustainability and life cycle analysis approaches to determine what is best for a specific For collection systems, Tetra Tech provides hydraulic situation, resulting in custom solutions unique to the analysis, design, and construction engineering services client. that range from simple gravity sewer-line extensions to force mains with pump station complexes. These Tetra Tech treatment expertise includes advanced systems are designed for varying site conditions: high wastewater processes, effluent reuse and biosolids groundwater, shallow bedrock, very cold climates, processing, as well as laboratory-, pilot, and full-scale corrosive soils, and stream and highway crossings. Dr. Joseph Kang of Tetra Tech's Ann Arbor office recently co-authored the EPA's Municipal Nutrient Removal Technologies Reference Document developed to help municipal utility owners and operators,state permit writers, and regulators plan cost-effective nutrient removal projects for municipal wastewater treatment facilities. http://www.epa.gov/owm/mtb/index.htm#pubs. 0 TETRA TECH 13 Statement of Qualifications Project Experience Water Pollution Control Plant Expansion & Upgrade James B Messerly WPCP, Augusta Utilities Department •' Tetra Tech is the lead design firm for this $65 million Water Pollution Control Plant expansion project.The expansion involves converting a plant not designed for nitrification to a 46.1 mgd biological nutrient removal plant. Prior to this project,the facility consisted of two separate treatment trains. This separation limited the plant's capacity and flexibility, particularly when major unit processes required maintenance. Tetra Tech's innovative design integrated the former parallel trains and allowed for more flexible operation. This design allowed the elimination of a planned secondary clarifier. Tetra Tech's rehabilitation design and improvements restored the plants reliability. WWTP Expansion and Master Planning Plum Creek Wastewater Authority, Castle Rock, Colorado The Plum Creek Wastewater Authority operates a wastewater treatment plant that was designed having hydraulic capacity of 4.9. The major objectives for this expansion included designing a state-of-the-practice, operator-friendly facility that fit in the limited • space available; using energy-efficient equipment with lower power, labor, chemical, and maintenance requirements;and meeting or exceeding strict water quality standards. _ _two ?? Tetra Tech engineered a state-of-the-practice wastewater treatment facility that meets or te- 7:- exceeds some of the strictest state and federal water quality regulations for effluent. --- Plum Creek Wastewater Authority is presently seeking permit approval for increased ,. • .,.,rT'o hydraulic capacity of 6.4 mgd for the existing two oxidation ditch system. This capacity increase does not require any new construction or plant modifications. In addition, Tetra Tech is helping Plum Creek Wastewater Authority with submittal of a Site Application Amendment for increased capacity of 9.6 for a proposed three oxidation ditch system. This $24.7 million construction project was completed on schedule with initial plant start- up in August 2004. The new facility met the permit limitations on the first day of operation, and a subsequent optimization of the plant after startup resulted in a savings to Plum Creek Wastewater Authority of over $85,000 per year in operating costs. The plant is providing 65 percent more removal of total suspended solids, biochemical oxygen demand,and total phosphorous than the old plant. 14 0 TETRA TECH Statement of Qualifications �� w x - Wastewater Treatment Plant Needs Assessment - Bay County Department of Water and Sewer, Michigan The Bay County Department of Water and Sewer(BCDWS)operates a sanitary sewer collection ,0 • and pumping system and a Wastewater Treatment Plant(WWTP) which serves approximately 13,000 sewer customers in six communities. After 30 years of service the BCDWS needed a 20-Year Capital Improvement Plan (CIP) to prioritize those capital improvements which would be necessary to cost-effectively sustain the WWTP to the year 2028.An asset evaluation of the WWTP was performed.The evaluation considered all aspects of the facility operation including the hydraulic capacity,treatment and biosolids process components, buildings and equipment. Incorporation of sustainable design was included in the asset evaluation. Municipal wastewater treatment facilities are among the most energy-intensive entities operated by local government, accounting for approximately 35% of energy used by municipalities. Reduction in energy intensity, built-in energy efficient design for buildings and grounds, and use of renewable energy sources offers the best opportunities for sustainable wastewater treatment design. The BCDWS partnered with Tetra Tech to tackle these challenges. The resulting study presented opportunities for sustainable design to maximize efficiencies and innovation to move the BCDWS WWTP toward its goal of net production of energy,clean water, clean air and a productive human and biological environment. The study developed specific programs that are both"green"and provide a positive return on investment within a short period of time.This project approached the CIP by evaluating and incorporating the most advanced and cost- effective sustainable design methods. Sustainble design was incorporated from the project start, using approaches such as benchmarking, think tanks, cost/benefit analyses and "lessons learned".These were applied to: • Energy • Renewable Energy • Wastewater Treatment Processes • Site • Biosolids Management • Green Procurement • Buildings • Green Finance The project not only addressed capital improvements, but evaluated innovative sustainable design such as: •Solar • Plant Effluent Water as a Source for •Wind Power Heat Pumps for Heating and Cooling As reported in the July 09, 2007, Bay City Times, "Officials don't want to merely replace the plant's aging equipment; they want to go about it with an emphasis on energy conservation. And that's why they've hired Tetra Tech, a firm with a cadre of engineers specializing in that area. [-it TETRA TECH 15 Statement of Qualifications 4 Regional Wastewater Treatment Facility Clifton Sanitation District#2, Clifton, Colorado rt �, To accommodate rapid growth in this region and to comply with new stringent effluent requirements, CSD contracted with Tetra Tech to upgrade from a lagoon wastewater treatment system to a mechanical treatment system. Tetra Tech provided planning, r"' design and construction administration services for the new plant. The project is . - - scheduled for completion in 2009. The Clifton Sanitation District (CSD) will have a new regional wastewater treatment plant having hydraulic capacity of 2.25 mgd and a future Phase II expansion to 4.5 mgd. // Tetra Tech's efforts began with a preliminary design to confirm effluent limits, coordinate with the US Fish and Wildlife Service and Colorado Department of Public Health and Environment (CDPHE), select treatment processes and begin the CDPHE site approval process. Following site approval, the project was designed and is currently under construction (Construction Cost - $20.8 million).The new regional WWTP facility includes influent pumping, headworks, oxidation ditches, secondary clarifiers, ultraviolet disinfection, aerobic digestion, centrifuge dewatering, odor control and a SCADA system. The major objectives for this upgrade included designing a state-of-the-practice, operator- friendly facility using energy-efficient equipment with lower power, labor, chemical, and maintenance requirements;and meeting or exceeding strict water quality standards. Wastewater Reclamation Facility • City of Fruita, Colorado Tetra Tech is designing the brand new treatment facility with sustainable design solutions. ' gyp Site applications and accompanying Preliminary Engineering Reports provide the ® necessary planning and preliminary engineering data and information on a new main 6.9 MGD wastewater lift station for the City of Fruita including almost 1 mile of dual wastewater force mains. Additionally, Tetra Tech prepared a separate site application & PER for approximately 7,500 If of new 27 inch sewer interceptor to feed the new WWTP and the full site application and detailed PER for the new 3.5 MGD WWRF. This PER has already been reviewed and has garnished the approval and full support of the CDPHE. Design is scheduled for completion in Spring 2009, with bidding and construction to follow. 0 TETRA TECH 16 Statement of Qualifications .l -••i , ' , 1,r . Industrial Wastewater Tetra Tech has extensive experience with the treatment • Boulder Valley Discharge Project, Barrick Gold of industrial wastewater streams: Mine, Elko, NV. Gold mine dewatering treatment plant with 50-mgd capacity. • Confined Animal Feeding Operation (CAFO) Permit, • Comprehensive Performance Evaluation, Hercules and Stormwater and Wastewater Management (Missouri Chemical Works) WWTP CPE, Louisiana, Plans. Morning Fresh Farm, Platteville,CO. MO. This plant treats all production wastewater, • Gold Kist WWTP Activated Sludge Selector Study, potentially contaminated stormwater, and all non- Sanford, NC. domestic wastewater • Leprino Foods WWTP Expansion, Lemoore,CA. • BP Oil - Toledo Refinery Respirometry Evaluation, • Leprino Foods WWTP Expansion,Roswell, NM. Toledo,OH • Leprino Foods,DAF Installation, Fort Morgan,CO. • BP Oil WWTP Facility Evaluation,Toledo,OH. • Litvak Meat Packing Company, Denver CO. • Spill Prevention, Control, & Countermeasure Plans, • National By-Products, Denver, CO. Denver, CO. • Stokes Ellis Foods, Denver,CO. • U.S.Steel Corporation • Rocky Flats Environmental Technology Site Facility • Lockheed Martin Evaluation,Golden,CO. • General Motors • Coca Cola Refinery Wastewater Treatment Systems 01 re 1` Hess Oil Virgin Islands Corporation, St. Croix, USVI :,..-:S-.-1"--12:-...-. -- Tetra Tech completed the engineering and start-up for a 1.6 MGD refinery wastewater treatment plant and stormwater treatment plant. It will produce a high quality effluent — - - that meets or exceeds all U.S. Federal and Territorial discharge requirements, and included treatment for contaminants including: Suspended solids and catalyst fines; Strong acids and bases; Dissolved sulfates; Free and emulsified oils; Phenolic compounds;and, Dissolved organics. The treatment plant consists of: Primary wastewater and stormwater deoiling by multiple Corrugated Plate Interceptors(CPIs);Secondary deoiling through the combined use of an Induced Air Flotation (IAF) separator and an emulsion breaking float tank; Biological treatment in a flexible activated sludge system for operation under a wide variety of flow rates and contaminant loadings; Spot aeration to prevent growth of sulfur reducing bacteria; Precoat rotary vacuum filter for activated sludge dewatering; Thickener and belt filter press for hazardous oily sludge dewatering and volume reduction; Vapor phase activated carbon for VOC control; Dual media pressure filters for residual suspended solids removal; and, Carbon adsorption system for residual suspended solids removal and effluent polishing. Significant savings were realized by using treated wastewater to supply service water to the refinery&the treatment plant. 0 TETRA TECH 17 Statement of Qualifications Wastewater Products Tetra Tech engineers and consultants thoroughly • Tetra Tech RTW Guide to Microscopy and Staining understand wastewater-specific needs. As such, Tetra of Activated Sludge Tech has developed the following products to help • Tetra Tech RTW Ciliated Protozoa Micro- present a clear, systematic approach to defining the Identification Keys exact nature of wastewater problems and suggest control actions that can be used to help bring the Tetra Tech combines these products with acclaimed process back: training for wastewater treatment plant operators and engineers throughout North America and around the • Activated Sludge Troubleshooting Chart and cd- world. Tetra Tech developed these products to help rom Users Guide clients understand the microbiology of the biological • The Tetra Tech RTW Chart of Common Activated treatment process and to assist them in reducing Sludge Microorganisms operation costs. In its IOM program, Tetra Tech can • Biological Nutrient Removal Troubleshooting Chart also provide operations and maintenance cost • Tetra Tech RTW Bacteriological Stain Kit reduction programs with no upfront costs to clients. • Tetra Tech RTW Operations ToolSet LII •.-Q) ra.m <n.,otlng Ohart '_— _— iCr _, l . - e- _ ~tr. , I ; 7rouh eshooLng Chart 111 g - — •----= I - _ rl 18 [-It] TETRATECH xa�?, p (/I. +Tr jy yw,• AAAi TETRATECH Statement of Qualifications t SOLIDS MANAGEMENT & OPERATIONS Bioenergy / Waste-to-Energy By implementing the appropriate and cost-effective • Agriculture Operations solutions, Tetra Tech has transformed waste products o Animal Wastes or liabilities to value-added products. These products o Crops and Residues typically take the form of: renewable natural green gas, • Food and Beverage Processing liquid fuels, generation of heat and power, production o Byproducts of marketable byproducts and residuals, controlled • Forestry nutrient management,and waste minimization. o Micro-algae o Grasses Tetra Tech offers complete bioenergy turnkey services o Trees and other cellulosic materials including development, design, build, own, operate, • Municipalities and/or maintain services for the municipal, o Solid Waste commercial, and industrial marketplace. With more o Landfills than 10 years of successful projects, over 4,500 megawatts of installed combined bio-renewable energy Biosolids capacity, and one of the first operational plants Tetra Tech engineers have worked with many ; • providing biomethane"to the grid" in the United States, owners and operators of solids treatment Tetra Tech is a leader in the field of bioenergy. Tetra processes, and are familiar with those • �` - Tech offers full service capabilities to assist you from commonly used at wastewater treatment project conception, to design and construction,through plants. Treatment design and studies focus 4 plant operations and maintenance. on optimizing the implementation and/or <•' improvement of integrated solids management and operations programs. Tetra Tech staff can assist facilities in optimizing their k' - solids processing through better understanding of: d I . • Regulations • • , • Fundamental factors that influence the thickening, - -' stabilization and dewatering of wastewater solids - • Odor Control • -- tt, , • Best practices and approaches to data collection • . -- • Operations,troubleshooting and maintenance Tetra Tech's biosolids management specialists have completed hundreds of successful biosolids Bioenergy is renewable energy derived from biomass; management studies, designs, and operational plans the biodegradable portion of wastes and residues. for facilities ranging from 1 to 1,925 dry-tons per day. Tetra Tech has successfully generated energy from These include large municipalities, e.g., Orange County these and many other types of biomass: Sanitation Districts, CA, and medium-sized to small municipalities, e.g., Boulder and Commerce City, CO, Orange County Water and Sewer Authority, South Orange County Sanitation District,CA. I I 19 TETRA TECH # i - Statement of Qualifications .; Project Experience Biosolids High Solids Centrifuge Dewatering / In Vessel Composting Facility a City of Boulder, Colorado Tetra Tech and subconsultants prepared preliminary design construction documents for 12 dry-ton-per-day high-solids dewatering centrifuge and agitated bed in-vessel composting facilities with a construction cost of$20M. The project design scope includes anaerobic digester improvements, biosolids handling systems, high-solids centrifuges, in- ,; vessel composting, odor control, and administration buildings at the new Boulder 2 . Biosolids Recycling Center. Tetra Tech also is responsible for coordinating a series of environmental assessment (surface, groundwater, dust, traffic, odor control, etc.) and geotechnical investigation of the site for submission to the CDPHE, Boulder County and the City Planning Department for approval and permitting. Previously,Tetra Tech prepared the study evaluating dewatering and Class A alternatives that recommended new centrifuges and composting. This study incorporated workshops with a 12-person citizen study review group comprising stakeholders and the District of Boulder staff in a "team approach" to build and achieve a consensus on the selection of a Class A biosolids management plan. Digester Gas Utilization Study _ Persigo WWTP, Grand Junction, Colorado ar f • The Persigo Wastewater Treatment Plant (WWTP) employs anaerobic digestion of the primary solids removed in the liquid stream treatment process. The methane contained in the digester gas is partly utilized to heat the digesters; however, much of it is flared. The City retained Tetra Tech to evaluate alternatives to recover the energy in the digester gas. A wide range of alternatives were considered, with three being selected for more detailed evaluation. These included using digester gas in microturbines or fuel cells to produce electricity, and privatization of the gas system by a third-party vendor who pays a royalty for the gas, conditions it to adequate levels for other uses and then sells the gas as an energy resource. A unique aspect of this alternative is that the vendor can produced compressed natural gas (CNG) from this resource and the City could convert its fleet vehicles to operate on this fuel, thus reducing the amount of conventional gasoline or diesel fuels that they consume. Tetra Tech provided evaluations, the report and a workshop with City staff to discuss options and determine overall project direction. Based on economics, as well as the ability to be implemented, the City chose to pursue the microturbine installation. The microturbines would be used to produce power to reduce the consumption at the WWTP by 15 to 20 percent. 0 TETRA TECH 20 • Statement of Qualifications 4"'S"? Biosolids Management Plan & Anaerobic Digester -- • City of Longmont, Colorado \�7 ' :`. Tetra Tech performed a detailed evaluation of existing solids thickening, digestion and dewatering facility capacities and an anaerobic digester facility evaluation as part of the Biosolids Management Study completed in 2005. The City operates a 14-mgd activated sludge facility with primary clarifiers.Tetra Tech evaluated several Class"A"and Class"B" biosolids management alternatives including land application (thickened and cake material), temperature phased anaerobic digestion, aerated static pile and agitated-bed in-vessel composting, thermal drying and other alternatives using capital, annual and present worth costs and non-monetary criteria. A detailed process and cost evaluation of conventional "pancake" -shaped, egg-shaped and temperature-phased anaerobic digestion facilities was performed. The most immediate need was the addition of anaerobic digester capacity. Based on detailed analysis of the different digester configurations and operational modes, a new mesophilic conventional digester with a separate heating system was selected based on costs and flexibility to increase the digester capacity. Wastewater Treatment Master Plan and Drying Bed Superstition Mountains Community Facilities, Arizona - e Tetra Tech prepared a master plan to assess the alternatives for expanding the WWTP from the current flow of 1-2 MGD to the future flow of 16 MGD.The WWTP Expansion and Improvements Plan included phased implementation for a new influent pump station, headworks,oxidation ditches,secondary clarifiers, UV disinfection,effluent filters,aerobic digestion, drying beds, centrifuge dewatering, administration building, maintenance buildings and other facilities.The new facility will provide effluent to meet"A+" standards for irrigation of city parks and golf courses and Class "A" biosolids. Tetra Tech prepared design drawings and specifications to retrofit the existing asphalt-lined drying beds to more efficient Deskins polymer-assisted filter beds. The new facilities include a biosolids pumping station,filtrate pumping station and miscellaneous civil and yard piping. 0 TETRA TECH 21 sue; 3z� °gym; I i- m • m 'A .,e 7�a s �4 P • NTETRA TECH • • *zrt Statement of Qualifications STORM WATER/ FLOOD CONTROL & WET WEATHER Tetra Tech has conducted a number of drainage system Storm Water Management studies for clients. These studies have included Tech provides comprehensive storm water program floodplain analysis, master drainage plans, and review and oversight support for federal, state, and chemicalization studies. Several of these studies have municipal storm water programs. We draft permits, led to further design and construction of these systems, conduct audits of MS4 programs, and develop particularly in the case of our on-going district and standardized approaches to streamline facility municipal engineering clients. Tetra Tech, as district inspections. We also develop the guidance and tools and city engineer for several entities, is often asked to needed to implement effective storm water programs, evaluate drainage issues and recommend appropriate such as best management practice (BMP) tracking design and construction of the systems. Some of our systems and low-impact development tools. on-going clients in this area include: Woodmoor Water & Sanitation District; Copper Mountain Consolidated Each year more than 850 billion gallons of untreated Metro District; City of Craig; City of Manitou Springs; sewage is released in combined sewer overflows City of Fort Lupton;City of Aurora;Town of Windsor;and (CS0s) nationwide. The U.S. Environmental Protection Jefferson County School District(Colorado).Stormwater Agency (EPA) is stepping up enforcement in response plans have been prepared for subdivisions, schools, to CSO discharges in order to bring communities into cities, towns and special districts in Arizona, Nevada, compliance with the Clean Water Act(CWA)and federal and Colorado. CSO policy. �n�. Tetra Tech's planning and infrastructure experts help ' ' . = Z communities develop and implement programs to 1 21 a�. } address CSO control needs and meet EPA ° N ` F s � SA t„.1'4 . requirements. f Y$ r , k- - CSO control steps include evaluation of the existing system and receiving water, developing engineering ._._._.�. „ alternatives to address the control of flow and pollutant -{-'= discharges,design of facilities, and other infrastructure improvements followed by construction of the - improvements. Tetra Tech's professional staff has completed projects During the implementation of CSO controls, that have been submitted and approved by the Federal coordination with the regulatory agency, public, Emergency Management Agency(FEMA).We model the stakeholders, and financial planning team is required. rainfall runoff using U.S. Army Corps of Engineers Issues of facility siting must be addressed.The benefits software.Computer software and topographic maps are of the control facilities must be assessed and used to generate cross sections of the waterway. Water integrated into any adjustments to the plan as it moves surface elevations are then computed using HEC-RAS. forward. Tetra Tech has implemented over $1 billion in Drainage systems are designed to convey storm runoff combined sewer control infrastructure projects. and mitigate any damage. These systems include culverts, storm drains, detention basins, open channels,and natural ditches. 1-wi TETRA TECH Statement of Qualifications ` Project Experience Downtown Storm Sewer System - City of Fort Collins, Colorado Two segments turn this routine pipe-laying job into a challenging project. The first _ segment is a 96-inch diameter tunnel 160 feet long,which passes beneath three sets of railroad tracks and a busy road. Most of the tunnel is in claystone bedrock, but the ' .. start of the drive encountered weak, saturated clays and gravels. The tunnel was excavated with a pipe jacked digger shield. The second challenging segment is a tunnel under College Avenue.While the crown stays mainly within stiff clay,the rest of the face consists of sand, gravel, and cobbles with nested boulders. Construction during winter kept all but the tunnel invert above the water table.Since the alignment passes underneath a busy and historic area, settlement, sinkholes, and traffic disruptions are unacceptable.The College Avenue tunnel (650-feet)was driven by the same digger shield, but ground support was ribs and boards with a filter fabric backing. The carrier pipe is 78-inch Hobas pipe grouted into place. Extensive collaboration was required between Tetra Tech, Inc. and the contractor to choose a tunneling method that would allow tunneling through boulders while keeping control of the face. Further collaboration was required with the client to address permitting issues and the crossing of railroad tracks. Tetra Tech, Inc. was chosen by Grimm Construction to provide engineering services on this design-build project. .i, ✓ Oak Street Outfall • a -",r '' City of Fort Collins, Colorado .•,�tei The City of Fort Collins hired Tetra Tech, Inc. to design 6,000 If. of storm sewer improvements in Old Town, Fort Collins. The old system was constructed from the S east side of town through the City s business district. The new construction involves .pry -- •#`p) tunneling under two of the main roadways and railways in the City. The y y y project includes two tunneled sections of composite pipe (865 ft-), installation of 30-inch to 96-inch diameter reinforced concrete pipe (5200 ft), construction of multiple detention ponds, 4600 L.F. of street replacement (mill and overlay), and numerous inlet improvements. Several public meetings were held to exchange information with all affected business owners and residents throughout the design process. Most of the inlet improvements are along US 287,the central business district of Old Town. Coordination between the general contractor, sub-contractors, City staff, design team, utility companies, as well as the multiple business and property owners has been critical to the overall success of the project. Coordination included on-site meetings, inclusions of relocation details in the construction drawings, and detailed specifications outlining utility impacts, conflicts, and relocation schedules and details. Tetra Tech, Inc. prepared legal descriptions and exhibits for right-of-way and easement acquisitions as well as obtaining all railroad permits. Tetra Tech, Inc. will provide complete construction related engineering services. Ezi TETRA TECH 23 Statement of Qualifications 1.4 :`, Udall Natural Area City of Fort Collins, Colorado , The City of Fort Collins has experienced frequent and severe flooding in the "Old Town"area over the past 100 years. The City retained the services of Tetra Tech, Inc. to analyze the storm runoff patterns and flows and design a storm sewer system to better manage the storm runoff. At the outfall of the new storm sewer system lays a twenty-five acre parcel of land on the west side of the Cache La Poudre River, known as the Udall Natural Area. This parcel was planned and designed as an integral facility for treatment of polluted storm water runoff and provided a wetlands-based wildlife habitat. The Udall Natural Area was designed to provide a seven-acre water quality pond, six acres of restored wetland habitat, storm water spillways, an outlet impact structure, maintenance access and trails for public access. The nearby Cache la Poudre River supplies ground water within the Udall area, providing support for wetlands growth. The riverbanks of the Cache la Poudre River were carefully evaluated, and bank armor designed to protect the river's bed during major storms. Tri-Area Regional Storm Water Detention Facility Town of Frederick, Colorado g-, r,., In the past,the Town of Frederick has suffered from devastating flash floods due to t' . the inability to effectively control storm water runoff - especially from existing development within the Town of Dacono. As a result, the Weld County Tn-Area Sanitation District (WCTASD) along with the Town of Frederick has implemented the --.F..` design and construction of a proposed detention facility and inflow channel, as well - - as improvements to the existing drainage facilities. The resulting design will reduce _ __ _ the flow within the outflow channel along Main Street from approximately 1600 cfs _ gjr to 650 cfs during the 100-year storm event. To alleviate the flooding into the Town of Frederick, and provide the necessary detention, a 165 acre-foot storage area was designed. The detention area includes benching and varied slopes to provide the potential for wetland growth and sediment control. This storage area, in the future, will also serve as Frederick's main town park, with sports fields, walking and biking trails, and a permanent irrigation pond. Along with these improvements, the existing outflow channel and the proposed inflow channel have been designed to accommodate the existing and future flows. Tetra Tech, Inc. was responsible for field survey, geotechnical analysis, review and amendments to previous hydrological analysis, hydraulic calculations, and utilities relocations. Close cooperation with the WCTASD personnel, as well as the Town of Frederick,assured an adaptable and efficient final design. [-it] TETRA TECH 24 z Y z m � z �xl r ��2 BSc t 4,34 nit • ass F � z k > I [-ItJTETRATECH • Statement of Qualifications Ir ;,-•t I "' �� MINING SERVICES Tetra Tech is a leading provider of specialized mineral resource engineering and technical consulting services. We offer comprehensive life cycle support services to public and private sector clients. Tetra Tech's depth of technical expertise allows us to be a one-stop consu/tancy service for mineral resource projects located anywhere in the world. Water Treatment Hydrology Tetra Tech brings mining clients a breadth of services Tetra Tech hydrogeologists can support a wide range of and expertise in water, wastewater and related mine projects from straightforward field investigations, dewatering- gold, copper, phosphate, and other forms aquifer testing and well development to complex of mining. The Tetra Tech approach to the design of groundwater modeling programs. Our staff of water treatment facilities involves maximizing the use hydrogeologists and engineers has strong knowledge of of clients' existing facilities where feasible, to create the types of data needed to support a reliable water cost-effective design solutions for regulatory resource evaluation or flow model. compliance, and to provide safe supplies of drinking water to non-community systems. Tetra Tech employs various techniques to determine the drilling method, locations, materials of construction and size of underground water wells. We have completed various water wells in various types of formations ranging from alluvial to bedrock; completed modeling and reports for both public and industrial S. ₹ s LW cbe lients; and, employs various water right surveyors that �"�' ` - provide guidance for permitting. r Specialty Areas HEAVY METAL REMOVAL -_. - Tetra Tech has extensive experience implementing - -- treatment technologies for heavy metal removal including arsenic, antimony, manganese and iron from water for drinking water or wastewater discharge. Tetra Tetra Tech has delivered successful water and Tech specializes in arsenic removal and has designed wastewater design projects for source control on mine removal systems utilizing treatment technologies sites as well as removing arsenic and heavy metals for including: Granular Ferric Hydroxide (GFH) adsorption, drinking water purposes or wastewater discharge Ion exchange, Coagulation-assisted microfiltration, needs. Surface water, groundwater, wastewater, Coagulation/ filtration/sedimentation, and Reverse drinking water, pumping stations, osmosis. Tetra Tech also maintains a laboratory and transmission/conveyance, treatment, well fields, and can provide pilot-, bench-, and full-scale testing and chemical addition systems can be designed, built and sampling. operated. Project delivery can include on-going operations,training,and operational support. [UII TETRA TECH 25 Statement of Qualifications PROCESS ENGINEERING HEAP LEACH FACILITY DESIGN Tetra Tech operators and consultants can help fine- Tetra Tech staff members have experience in the tune clients' processes, attain compliance, or improve design, permitting, construction and reclamation / efficiency. Our engineers can assist clients by defining closure of heap leach facilities covering the past 20 process control, sampling/testing procedures, years. The design experience involves the complete establishing the tests to run and when to run them, range of pad, heap and solution management issues. developing process control spreadsheets, creating trend charts, and maintaining compliance. Many TAILINGS FACILITY DESIGN designs give inadequate consideration to operational Tetra Tech staff members have experience in the issues and ease of operation, resulting in operational design, permitting, construction and reclamation/ problems. Tetra Tech has extensive design evaluation closure of tailings facilities covering the past 20 years. experience and can assist you in ferreting out potential The design experience involves the complete range of high-cost operational problems as well as providing geotechnical investigation and analysis, mass balance operations and process control value engineering. and stability evaluation, structure design and lining assessment and design, and fluid management INTERNATIONAL CYANIDE CODE including reclaim and seepage pumpback system Tetra Tech assists mines in safely managing the design. cyanide that is used in leach solutions for the recovery of gold,and in complying with the International Cyanide (pi Management Code. Through advanced modeling, Vitt design and treatment solutions, Tetra Tech can assist ,,.:...�••-"'�"r'e` gold mines in complying with this voluntary initiative. _ . . Specifically, Tetra Tech can help mines manage cyanide process solutions and waste streams to protect human health and the environment through the n ��H development of a Probabilistic Water Balance model - ` - �•� (PWB)to assess risk. Mining Support Services In addition to services for water and wastewater, Tetra Tech can provide comprehensive mining services internationally. From commissioning to remediation,for difficult-to-treat wastes, and specialized design and TAILINGS DELIVERY SYSTEMS treatment needs, Tetra Tech can fulfill most mining Whether delivered by gravity or staged pumping needs. systems, tailings delivery systems are a significant • Feasibility Studies capital investment. Tetra Tech personnel have • Environmental developed detailed modeling capabilities to provide ▪ Geotechnical realistic estimates of system losses for non-Newtonian • Process metallurgy fluids. Tetra Tech designs these slurry delivery systems • Procurement to operate under a wide range of solids specific gravity • Management and solids content. Experience includes designing • Commissioning delivery systems as long as 40 km and with as many as • Permitting four pumping stages. • Reclamation "b TETRA TECH 26 • Statement of _ Qualifications .141, `„ MINING PROCESS FLUID MANAGEMENT The Tetra Tech project team is experienced at determining the need for and the design of secondary - £ - containment systems. Tetra Tech staff provides rapid ,a 4.qr "-,,. and cost-effective assistance to aid compliance with secondary containment requirements for tailings reclaim water, pregnant solution, acidic drainage, and impacted storm water. In-house electrical, mechanical, - • _ - and piping engineers assist with value engineering, - - - system design,and construction management i rM Water management is the most significant issue in nearly all mine reclamation projects. Thorough reclamation plans should address the long-term mobility of potential pollutants. Tetra Tech uses the latest in modeling methods to develop economic and effective soil covers for mining waste materials. Typically Tetra Tech uses the HELP model to develop a rough screening of potential cover alternatives. More thorough multiphase modeling is then performed to estimate the site's reaction to precipitation cycles. Tetra Tech strongly recommends the collection and use INDUSTRIAL FLUID MANAGEMENT of site-specific soil suction properties when at this stage of cover design. Tetra Tech is committed to Tetra Tech provides fluid management engineering for providing economic and scientifically sound numerous industrial clients including oil refining, reclamation plans. This approach is to tailor the petrochemical, food processing, and power generation. methods used and concepts considered to the site- Tetra Tech couples detailed experience with water/ specific conditions of the project and needs of the wastewater treatment and experience with permit compliance client. Mine reclamation projects have been completed to provide complete engineering assistance for: for industry. MINE RECLAMATION • Newmont Mining Corp, Rain Mine, North Waste Rock Dump, Carlin,Nevada Tetra Tech team has many years of experience working • Placer Dome U.S. Inc., Bald Mountain Mine, with the mineral industry and provides broad Process No. 1 Leach Facilities, Ely, Nevada engineering and environmental services required to • TVX Gold, Mineral Hill Mine, Tailings and Mine Site develop innovative solutions for remediation of mining Closure,Gardiner, Montana and mineral processing sites throughout the country. ▪ Placer Dome U.S. Inc., Getchell Mine, Heap Leach Tetra Tech staff have worked at many challenging and Facilities Closure, Golconda, Nevada environmentally sensitive sites including in and around Yellowstone National Park, the large Leadville Colorado mining complex, and several sites throughout Montana and Nevada. 0 TETRA TECH 27 A. X Statement of Qualifications Project Experience Barrick Potable Water Treatment Plant Barrick Gold, Carlin, Nevada - Tetra Tech provided the pilot testing, permitting, design and construction of a $2.0M IIilL • - potable water treatment plant for a remote gold mine without access to potable water. !f - The project included design and permitting of two 1,700-foot water supply wells and three heat exchangers to reduce water temperature from 135 degrees F to 90 degrees F. The treatment plant utilizes microfiltration membranes for arsenic removal, using a coagulation-assisted microfiltration process. The treatment also includes strong-acid ion exchange for radium 228 removal, a new 100,000 storage tank, and 19,000 feet.of transmission pipeline to two existing distribution systems. The system contains a dedicated PLC and SCADA control system for fully-automated operations. ' i 1 . Leeville Water Treatment Plant Design ' Newmont Mining Corporation,oration Nevada r d - j 1- Tetra Tech provided Newmont with complete engineering services required to design and tl construct potable, fresh, and fire water systems for the new Leeville underground mine '`+ facility. Tetra Tech submitted the design to State regulators, assisted with permitting approvals, and supervised construction of the improvements. A reverse osmosis treatment plant with chemical conditioning was designed to remove elevated arsenic, iron, and manganese from the source water. Arsenic speciation and bench scale testing was required to determine the ratio of As (III) and As (V). Reverse osmosis system performance was reviewed to verify adequate removal of target parameters. Extensive backflow prevention designs were required to isolate the 25,000 gpm mine dewatering system from potable supply and treatment. Newmont TS Power Plant Potable Water System Newmont Mining Corporation, Nevada � �/ Tetra Tech was the lead for design and construction of a potable water treatment plant and distribution system and development of a $1.4M construction dewatering plan for ` 11 O% the TS Power Plant. Pro ect involved desi nand su envision of a 1,500 j g p gpm alluvial water supply well. Treatment design included chemical pretreatment, GFH adsorption for removal of arsenic, disinfection, raw water and finished water storage tanks, high service pumps and water distribution system.System is also designed to provide 1,000 gpm dust control water and 300 gpm concrete batch plant supply during the three year construction of the power plant. The dewatering is for a 70-foot deep excavation in a prolific aquifer with groundwater at 7 feet below ground surface. Design included MODFLOW modeling of dewatering alternatives of a complex three-zone stratigraphy and infiltration at a remote location. Final design includes 22 shallow wells, two tiers of vacuum well points, and 18 deep alluvial wells to remove 5,600 gpm required to dewater the excavation in a 60-day time period. tilt) TETRA TECH 28 �\ rri RC df 3 /k -0 • �} a } . \ IThITETRATECH Statement of Qualifications i 1„ '%o .1,4 I i ENERGY & PROCESS OPTIMIZATION With our leading experts in water and wastewater process, treatment, and engineering, Tetra Tech can help owners and managers of treatment systems to optimize their treatment processes, save energy, and reinvest savings into much needed system improvements, rehabilitation and reuse. Our team can provide recommendations for energy We will complete a no cost evaluation of your facility efficiency tools and resources to help eliminate energy and present the preliminary data for your assessment. waste and lower operating costs of water and This no risk approach allows IOM and you to determine wastewater utilities. We can do this because we fully potential energy, chemical and operations savings by understand treatment processes, technologies, analyzing data unique to your facility. If you decide,the regulatory requirements, and the equipment and data presented represents a significant benefit to your process design utilized in today's systems. Experts in facility then lO&M will proceed with a formal program, microbiology and water chemistry work closely with which will result in shared savings between your facility engineering staff to optimize treatment processes and and IO&M. save energy through efficient operation of pumping (water)and treatment(wastewater). Process Evaluations / Energy .,., - Audits Tetra Tech can complete simple process evaluations up to comprehensive performance evaluations and facility- wide,w energy audits. We can focus our efforts on green- building solutions, energy-conservation, and cost- - reductions, or, we can address all elements of the t r treatment cycle, and look at costs of treatment through 4. E chemical costs, equipment replacement and rehabilitation, and regulatory/health requirements. Through careful examination and assessment of the - � 6 entire treatment system (plant, pumps, equipment, electrical, I&C) we can make recommendations to not only save in costs of operations, but improve water quality. 50/50 Energy Engineers and scientists identify technically-sound, Performance Based Solutions enable you,the owner,to cost-effective energy and water conservation implement improvements and reduce energy, chemical recommendations, as well as a range of treatment- and/or operations expenses with no up front cost, and process alternatives for clients'consideration. with absolutely no financial risk, because the project is paid for entirely from the resulting savings. Utilizing existing instrumentation and controls systems (SCADA), we can identify and measure system • We are paid on a performance basis. performance not only for flows and equipment, but • Our services can be paid for with the economic energy use as well. We will conduct insightful savings from existing budgets over a period of commissioning assessments commensurate with the time. potential energy saving opportunities, while also • If we don't perform, there is no cost to you and no pointing out to clients where changes to process can financial risk. impact water quality, energy, and operations. We evaluate all equipment used in the treatment of ( ElTETRA TECH 29 4. • Statement of Qualifications i ' ' ` • drinking water or wastewater, and share our pacifiCorp, NextEra Energy Resources, lberdrola, calculations and insights for saving money on Horizon Wind Energy, Invenergy, Noble Environmental treatment- both chemical and energy, for improving Power, BP Alternative Energy, and many other wind water quality, and for identifying new opportunities for energy developers. utilizing sustainable design principles in retrofits and capital improvements. Tetra Tech is a rising star in the wind construction market; we have worked on or are currently providing Our team can further provide detailed energy audits construction services to clients on 18 construction throughout multiple, client-owned and operated projects totaling more than 1,500 MW of wind energy. facilities for further energy savings. While uniquely In our full suite of service offerings, Tetra Tech has qualified to evaluate and measure opportunities at been involved with more than 200 wind projects water and wastewater treatment plants,we understand covering 34 states, representing over 15,000 MW of the unique operating characteristics of many energy- wind power. Tetra Tech is the only firm in the United systems, as a proven developer of many renewable States that provides a full range of environmental, energy technologies. As a fully integrated company, engineering, and construction services for all phases of Tetra Tech can assist owners with architectural, a wind energy development project. Our services environmental, energy and engineering challenges include: throughout your facilities. As a leader in renewable- energy solutions, Tetra Tech can recommend solutions • Facilities siting for wind,solar,and bioenergy. • Geographic Information System applications • Biological assessments and evaluations • Renewable Energy Licensing and permitting Transmission line siting and permitting With the challenge of developing viable energy from • Engineering renewable sources in today's uncertain economy, wind ' Turbine erection energy developers, utilities and investors need a • Public involvement partner who knows exactly what is necessary to site, design, permit, build, and maintain economic wind Comprehensive Performance generating projects. Evaluations The Tetra Tech CPE will determine the capacity of each unit process in the treatment facility. From this information, the Owner will know where the capacity is limited and where improvements need to be made. This maximizes the use of existing facilities and gives . w. /.� the Owner's staff insight into facility capabilities. An important aspect of Tetra Tech services includes t+. • evaluating existing water and wastewater systems and facilities to identify design, operation, maintenance and • I I , III . I - - management problems that can lead to noncom- - pliance, high costs or inefficient operation. Through Master Planning and Comprehensive Performance Evaluations (CPEs), we define system capabilities and Tetra Tech is at the forefront of the wind energy problems. Typically, these assessments include thorough industry, currently supporting clients such as examination of the physical components of the system EZI TETRA TECH 30 Statement of - Qualifications I ) a ' as well as review of all operational processes and plant staff and administration procedures, resulting in determination of capacity and • Observation of plant operational and decision- reliability of the system, cost-effectiveness of making procedures operations, and recommendations for changes, • Evaluation of the facility using appropriate upgrades or expansions. computer software and experience • Identification of performance-limiting factors - A CPE typically involves: treatment, nitrification and denitrification • Review and evaluation of existing operations- • Determination if operational changes can related data,existing effluent quality data result in effective ammonia removal and/or • Review and evaluation of engineering drawings increased capacity of the existing plant • Prioritization of performance-limiting factors • Discussion of plant operation activities with • Participation in a workshop on CPE findings • Industrial Manufacturer- 1 MGD Savings: $16,000-$20,000/mo (avg) '.. I 9 -m Tetra Tech completed an on-site evaluation of this commercial food-processing client's wastewater treatment plant, for the explicit purpose of energy reduction. Our process experts assessed and evaluated operations-related data, existing effluent quality data, and engineering drawings of the existing plant. Our team led a discussion of plant operation activities with plant staff and administration, conducted observation of plant operational and decision-making procedures, and completed an energy evaluation of the facility using appropriate computer software and experience. Through Tetra Tech's proven expertise in wastewater process, our capable engineering and scientific staff can compare,evaluate, recommend,and measure the effectiveness of alternative adjustments to treatment processes in order to reduce energy consumption, while meeting permit limits and regulatory requirements. Partial Client List • Metropolitan Water Reclamation District, • Coors Brewing WWTP,CO Denver, CO • Leprino Foods,CO&NM • Messerly/Augusta WWTP,GA • Maplelodge Farms,WWTP,Ontario,CN • Hercules Chemical Works, MO • Morning Fresh Farms,CO • City of Fresno WWTP,CA • Sanderson Farms,TX • Rockaway Regional Sewerage Authority, NJ • Teton Village AWT,WY • Mobile Area Water&Sewer System,AL • Tyson Foods(multiple) • Superstition Mountain Community Facility a Tropicana Inc,FL District,AZ a Over 85 Municipal Systems • BP Oil,OH elTETRA TECH 31 ii ..„7,1‘, ‘'''''c: ;ern 0 32 m s0 c O .Z C` Fi`tiR 'm <m Y tY } t .3' ,,,-,2-44:, ems' 4�� h It TETRATECH Statement of Qualifications J,l =3 ��!'� a� CIVIL ENGINEERING & CONSULTING SERVICES Utility Management Consulting Tetra Tech has been helping utility/public works • System evaluation reports encompassing: organizations and local communities develop their o Operational efficiency and preventive water and wastewater systems, form special districts, maintenance and inspection and effectively plan for the future. o Continued usefulness and profitability of existing facilities Tetra Tech helps utilities deal with the difficult o Determination of required upgrades management challenges you face today, from managing • Annual reports for bond covenant services assets to enhancing system performance, with a • Grant application/bonding/bond covenant • continuum of management consulting, district • Preliminary activities to actual bond issue: engineering, webservices, operations and knowledge o Organizational meeting and liaison with utilities management services to help clients improve their director,city/county manager,and other operations. involved staff members o Establishment of data gathering methods and FINANCIAL SERVICES procedures for system evaluation,cost Tetra Tech provides consulting services for the financial estimation, usage projections,etc. and management decisions facing utilities. This includes o Study/analysis of fiscal year budgeting and financing of capital improvement, the development of procedures utilized to determine the budget rates and charges for water, wastewater, stormwater o Obtainment of legal advice from city/county and reuse utilities designed to accomplish all financial, attorney - ' economic, engineering, and sociological objectives o Preparation of engineer's report for official required of the studies. We can conduct a full statement complement of financial, economic, and management • Rate and evaluation studies for establishing studies, including rate studies, feasibility reports for revenue requirements and user charges assistance in the issuance of long term debt, assistance • Special assessment roll assistance obtaining outside funding sources, such as grants and • Development of water and sewer ordinances loans for various projects, revenue programs, utility • Development of system development charges appraisals and valuations, cost-of-service studies, bulk service agreements, financial feasibility analyses, PUBLIC-PRIVATE-PARTNERSHIPS operational management studies, billing procedure The Institute for Public-Private Partnerships, Inc. (IP3) is studies,ordinance drafting,and contract negotiation and the only international firm solely dedicated to fostering preparation. public-private partnerships in infrastructure development and service delivery with an emphasis on the economic, - legal, financial, and regulatory aspects of aspects of governance and investment. IP3 provides advice on the design of strategic • frameworks for PPP, the establishment and operation ,f of PPP Units (including tools such as manuals, 10.4 guidelines, and toolkits), the selection of PPP options, and the structuring, financing, evaluation, and I negotiation of PPP transactions. O TETRA TECH 32 Y Statement of Qualifications Site/Civil, Land-Use Planning & Real estate due diligence Land Development • Environmental site assessments Land use plans, community master plans, and Since 1966, Tetra Tech has partnered with public and urban design private clients throughout the United States and abroad • Infrastructure planning and design to turn their visions into reality. From brownfields • Annexation,zoning,and subdivision documents revitalization to urban infill projects, or ground-up development, • Value engineering, constructability review,and cost Tetra Tech offers proven performance and effectiveness state-of-practice services from acquisition due diligence ▪ Wetlands delineation and restoration through final permitting and construction of site • Environmental impact reports/statements improvements. We were the recipient of the 2004 • Permitting American Planning Association Colorado Chapter Award • Human and ecological risk assessment for the Model Land Use Code for Colorado's Small • Soil and groundwater remediation Communities. ▪ Indoor air quality assessment and mitigation --:;.•.,1s ,P.- c , ,. 3 Brownfields assessment and cleanup C~6 Unexploded ordnance(UX0)investigations and removal -',; '•�° F!, f • Guaranteed Fixed-Price Remediation (GFPR) Sustainable Design r) I I I Our approach to sustainable design incorporates global - —""I interdependence, environmental stewardship, social �c 't I I responsibility, and economic viability. We use value { engineering concepts, which include tests for sustainable design. We also utilize energy conservation >. - '-�_S►_ a .w A.. and life cycle costing. Our designs optimize use of existing facilities, use solar and hydraulic potential With 250 offices worldwide, Tetra Tech has the energy to the maximum extent possible, and provide resources and experience to meet all your land long design life facilities that minimize operation and development needs. From brownfields revitalization to maintenance costs. Our site designs and construction urban infill projects to ground-up development, Tetra practices focus on minimal resource disturbance and a Tech offers proven performance and state-of-practice fit with the surrounding environment. Our team has services from acquisition due diligence through final been successfully conducting Title I services with a goal permitting and construction oversight of site toward consuming less energy and natural resources improvements. and ensuring compliance with all natural and cultural requirements. Tetra Tech brings over 150 LEED- We have partnered on thousands of mixed-use, retail, certified engineers and consultants, and has over 100 commercial, residential, resort, and public facility projects that are LEED-certified or pending LEED projects, and we can provide integrated services that certification. streamline the development process. We also provide planning, design, and construction services for development-related transportation projects that embrace smart-growth sustainable development principles. %j ry, ;,, k. P QTETRA TECH 33 Statement of Qualifications t. -- t - Leadership in Energy and Environmental Design, or Construction Management LEED, encourages adoption of sustainable green Tetra Tech's experience with construction management building and development practices through "green" runs the gamut of projects from those constructed by performance criteria. Tetra Tech can assist clients in the client's own forces, to projects involving the certification process, but also employs the coordinating multiple contractors selected by sustainable-design approach in many of its projects to competitive bids, to projects requiring a specialized optimize water conservation and energy use. level of staffing expertise in project coordination, planning, and scheduling of the various construction General Civil Engineering activities. Tetra Tech provides varying levels of Tetra Tech personnel work for developers, local and engineering services during construction. state government agencies to help facilitate negotiations. We work directly with municipalities to establish standards for review of developer-designed l -- projects. Tetra Tech provides ongoing consulting and design to 1 IA:2t2-'2.1; `- municipalities and special districts on 0 & M, capital 0 _ ,_-k ��( ,. improvement programs, budgeting, and system evaluations for replacement reserves. Projects range from simple plant and plan reviews to complex treatment plant upgrades. Our engineers also direct diverse site development projects for education - facilities, residential subdivisions, municipal and industrial plants, resorts, and commercial developments involving: ▪ Permitting&Entitlement Equipped with innovative management practices, field • Residential operations, and technology tools, project execution is • Commercial streamlined through startup-driven scheduling, • Industrial constructability expertise, and jobsite management • Gravel Mining presence. Tetra Tech has successfully conquered the • Agricultural challenges of construction in shallow bedrock and high ▪ Master Planning groundwater tables at altitudes from sea level to more • Mixed Use than 10,000 feet. • Base Realignment and • Cost Estimates • Closure(BRAC) • Inspections • Site Design • Claim Identification, Documentation,and Opinions • Pubic Sector Planning • Specification Writing, Evaluation,and Review • Comprehensive Planning • Expert Testimony • Development Review • Subcontract and/or Direct-hire Construction • Develop Land Use • Construction Support Services • Regulations, Roadways &Site Layouts—easement • Quality Management Services acquisitions, grading, parking lots, geometric and • Construction Technology pavement design, intersections, lighting. • Constructability Expertise • Expediting and Field Procurement • Resident Engineering Representation • Pre-commissioning Testing 0 TETRA TECH 34 0. Statement of Qualifications 1 Engineering services during construction involve office our services entail energy analysis and management engineering and field engineering by personnel who via in-plant energy auditing and value engineering for understand the intricacies of the construction process energy efficiency. Our staff also provides as-needed and who have the experience to solve complex field I & C services for a number of water and construction problems. The level of services Tetra Tech wastewater plants. Tetra Tech offers Process Control provides depends on many factors that include project Auditing, providing information on existing control size and complexity, the selected contractor's limitations and solutions to improve the plant process. experience level and reputation, and budget considerations Tetra Tech offers extensive SCADA, DCS, PLC, redundant and backup control, and telemetry system Electrical Engineering / SCADA design and programming services, coupled with a Tetra Tech electrical engineers are well versed in sound understanding of water and wastewater process power distribution, standby power generation, control. We have implemented control logic for instrumentation and controls, communication and processes, such as plant influent monitoring and alarm systems, and interior and exterior lighting for control, automated chemical-feed control, analytic data public and private facilities. acquisition and laboratory monitoring, blower and aeration control, and level control. Our engineers have implemented strategies from very simple manual loops ,.g ❑ r S'rt :[ ,a. aac ^Fir to highly complex multivariable control.jaj•414I 771' fc'YteijStandby Power `+�* ', � �' � ' e •�', • Communication&Alarm Systems �g'-1 '�d:L P r w— ffa Interior&Exterior Lighting ers l �`:� ,,;€^^q-� ° ° • Redundant and backup controls £ h ' 1 , �F i. • Telemetry System Design&Programming ,'gt js { n et ,;I"±”1..-;; A r ® : Rl #' __ eifr ve-i' t`' %� -.�d 'alto '- v [-i&j TETRA TECH sa Statement of Qualifications Water Transmission & Distribution System SCADA City of Arvada, Colorado -� L --;-'71 to ii, Tetra Tech is currently working on the first phase of a planned SCADA system upgrade l'; r T for the City's remote water sites and wastewater lift stations.The first phase consisted A of an evaluation of the current SCADA equipment and communications system for 33 `,sag'^ a` remote sites. A radio survey and preliminary design were completed for a phased —4-+*" replacement of the aging telephone communications system and remote terminal units with a new high bandwidth wireless system. Tetra Tech is beginning the second phase which will involve detailed design, negotiation of equipment purchasing agreements with vendors,the first phase of the radio system installation,coordination of training for City staff, and programming assistance for new programmable logic controllers. - Transmission & Distribution SCADA System /.. ._?.-;.-..,--;:.-..--;-:-e-------7. �'- Eagle River Water & Sanitation District, Colorado Tetra Tech renovated the existing control system for the Eagle, Vail, and Avon service _ area. The existing system, which comprised an aging telemetry system with 54 remote radio sites and an IBM-PC-AT computer, was upgraded with two new MTU-processors and was interfaced to a network of two Pentium computers with the Windows NT operating system. Tetra Tech developed an operator interface using Intellution FIX DMACS software,Version 6.0,a 32-bit software system. Tetra Tech configured,tested, and started up the system, trained plant operating staff, and prepared an operations manual. A team of Tetra Tech and Timberline engineers worked together to install and troubleshoot the system. 0 TETRA TECH 36 Statement of Qualifications Training The engineers, consultants, and process experts of Over the years, our trainers have developed a Tetra Tech share a passion for process performance. program of best practices and operational tips Through the Tetra Tech Education & Process Training designed for performance optimization of water and Programs, we help to pass on this passion to wastewater processes. municipal, institutional, and industrial clients. Matched with Tetra Tech's team of engineering "Your class was the best process control we have professionals, this suite of resources is available to attended!" help clients optimize their operations and maximize performance. "Course is well worth time and cost." A unique component of Tetra Tech's consulting "This class is probably the most educational class.l've services is on-site, classroom, or computer based ever taken. I wish all classes had the information and training. Tetra Tech trainers and consultants provide knowledge as this c/ass." client-specific training in many areas, including but not limited to activated sludge control, microscopy, Water Training SCADA, and respirometry. Tetra Tech engineers will Tetra Tech offers training workshops on numerous come to the client's facility and spend the time watershed management topics, such as plan necessary to train staff on new or existing systems,or development, water quality modeling, GIS applications, recent process modifications. public outreach, and stream corridor restoration. Each training course is tailored to the audience's needs and • Activated Sludge Process Control Courses budget. • Under the Microscope Process Control Through Microbiology Courses Value Engineering ▪ On-Site Respirometry Training Value Engineering(VE) is a process in which a design is • Biological Nutrient Removal Training reviewed with the idea of accomplishing three main • Operations and Startup objectives: develop cost saving ideas which provide • SCADA System Training equal or better results for lower cost; provide an • Water Treatment independent review of the approach to confirm that the • Corrosion Control project will obtain the desired result; and, examine • Filter Evaluation operability and maintainability of the proposed project. .,..._ Tetra Tech has been offering The Value Engineering process can be applied to any continuing education courses to • design project at any point in the design process. Tetra water and wastewater Tech can lead this process for its clients at the .L.;ki-d. professionals,operators, laboratory recommended 20% and 80% design completion %-� technicians, and engineers for milestones. Tetra Tech can facilitate with a clients f y_ nearly 15 years. Our team of civil users, engineers and other consultants, a thorough and environmental engineers, • evaluation of specific details in the design to identify • -- • microbiologists, environmental cost savings associated with such things as different scientists, water & wastewater materials of construction, potentially different operators, water & wastewater process experts, construction methods, and other factors which can mining, biosolids, and utilities consultants bring affect construction costs. together decades of design, planning and process management experience. 37 C TETRA TECH Statement of Qualifications } Wastewater Treatment Plant, Value Engineering City of Flagstaff, Arizona Tetra Tech was contracted to help the City come closer to achieving its original project budget of$22 million for the design and construction of a wastewater treatment plant expansion. Received contractor bids placed the project at nearly 30% over budget, or $34 million. Tetra Tech identified $8 - $10 million in viable savings for the project, resulting in a revised estimated total project cost of approximately $24 -$26 million, enabling the City to go forward with the project. Savings resulted from revisiting process design decisions, revising reuse of existing structures, alternate process selections,and electrical distribution modifications. Additional Services & Solutions Tetra Tech provides responsible resource management and sustainable infrastructure services that encompass the full life cycle of solutions. We use our broad base of expert resources to dedicate ourselves to our clients' needs, offering innovative and cost-effective solutions to complex world problems. • Geotechnical Engineering • Landscape Architecture • Surveying • Start-Up o Boundary&ALTA surveys • Operations o Topographic surveys • 0& M Manuals o Construction staking • Webservices o GPS&GIS Surveys • Applied Research [ThJTETRATECH 38 �\ \ �\ d.v am ) : ! /$ 9 . �)) © �4 , �r /� �} � �! ('Th) 1EATECH > \ ~ \ « / � • • Statement of • Qualifications �.� .., t ••••! • KEY PERSONNEL Michael R. Rothberg, P.E., B.C.E.E., Senior Vice President/ Operating Unit Leader. Mr. Rothberg has 36 years experience in water and wastewater engineering, including water quality studies; treatment process selection; facility design, startup, operation, and maintenance; and project management. He has expertise in water filtration, filter performance-control, backwash recovery, and water chemistry. Mr. Rothberg is a co-author of the AWWA RTW Model for Corrosion Control and Process Chemistry, and has developed treatment processes for difficult to treat waters and has assisted operations with water plant process control under variable water quality conditions. Mr. Rothberg also has expertise in wastewater engineering including process design, plant operations, and troubleshooting, and biological wastewater processes involved in advanced wastewater treatment. He received the 1994 George J. Schroepfer Medal from the Water Environment Federation for innovative process design for the Tri-Lakes WWTP..Mr. Rothberg is experienced in the design, operations, and maintenance of both water distribution and wastewater collection systems having conducted studies of hydraulic capacity, operations techniques, and developed maintenance programs based on operations statistics. Joseph U. Tamburini, P.E., B.C.E.E., Senior Vice President. Mr. Tamburini brings over 38 years of experience in water and wastewater system engineering, he has directed and participated in projects for master planning, evaluation and design of wastewater collection and treatment facilities. His expertise also includes water systems, groundwater and surface water development, and preparation of statewide water and wastewater system design standards. He has provided consultation to special districts and municipalities on operation and maintenance, capital improvement programs, budgeting, and system evaluation and rate analyses. He has extensive experience in leading the public information / involvement process, and holds certifications as Value Engineering Team Coordinator, Engineering Expert Witness and Class A Colorado Water Plant Operator. Mr. Tamburini leads up the operating unit's " --3 expanded participation in both water and wastewater projects on international projects for Tetra Tech. Tom Hesemann, P.E., Senior Vice President. Mr. Hesemann has over 25 years of experience in the design and permitting of water resource and environmental projects. Included in this experience is 20 years of experience on developing gravel mine permits and water storage projects on the South Platte River in Adams, Boulder, Larimer and Weld Counties. Mr. Hesemann has provided expert testimony on groundwater and land use issues before numerous Commissions (Planning and/or County Commissioners) in Weld, Adams, Larimer and Boulder Counties. Mr. Hesemann has also attended numerous neighborhood meetings to educate the public on water resource and land use issues to obtain Special Use Permits. Mr. Hesemann has served on the Adams County Board of Economic Development for two years. He is also the co-author of the Cumulative Effects of Gravel Mining on the South Platte River, published by the Colorado Rock Products Association. Mr. Hesemann has presented the findings of this report to Adams County, Weld County and The U.S.Army Corp of Engineers. Sherri Jones, P.E., Senior Project Manager. Ms. Jones has been with Tetra Tech for 15 years, during which time she has served as Project Manager and lead designer for water and wastewater system projects. Her experience has involved process evaluation, facility design, project administration, facility investigation, project administration, on-site construction observation, including upgrade and expansion of treatment and pumping facilities, along with water and sewer pipeline replacement. Prior to joining Tetra Tech, she had eight years of experience as a municipal treatment plant operator. She has directed bench- and full-scale pilot studies for improved treatment processes and equipment evaluation, established water quality monitoring programs and process control programs for treatment facilities, and provided startup and troubleshooting for both new facilities and existing facility retrofits. She was also the 2008 ACEC-Colorado recipient of the Outstanding Woman in Engineering award. ) el TETRA TECH 39 Statement of Qualifications ; ' Ron Schuyler, P.E., B.C.E.E., Vice President/Senior Project Manager. Mr. Schuyler has more than 39 years of experience in reviewing and evaluating operating facilities and expansion/upgrade plans. He has conducted WWTP evaluations for more than 85 domestic and industrial clients. He specializes in the activated-sludge process and, as such, has provided microorganism identification for numerous clients and assisted with process troubleshooting and optimization. He participates in process design including operability issues and leads the EAS Process Technical Team. Ron spent 23 years with CDPHE before joining Tetra Tech, and was at some time responsible for each aspect of Colorado's water quality control program. As a world-recognized expert on activated sludge process control and its microbiology, he has conducted process control and wastewater microbiology courses across the J.S., Canada; and South America. Rocky D. Wiley, Senior Project Manager. Prior to joining Tetra Tech, Mr. Wiley was with the Denver Water Department for 36 years. Rocky was involved in the planning,timing and development of the major expansions in Denver's raw water supply and treated water distribution system. He was a principal in the development and implementation of the Departments innovative Water Conservation Program, including programs designed specifically to manage system wide demand factors. Rocky has, throughout his career, been continually involved in the design and facilitation of public involvement and customer opinion surveys to help evaluate, guide and gain public acceptance for the department's facility and program development. He is an expert witness in the fields of: water utility planning, hydraulic design and operations, population and customer class projections, water use and demand forecasting and conservation. Robert Orsatti, P.E., Vice President/Senior Project Manager. Mr. Orsatti has over 30 years of experience in planning, design, and construction administration for water and wastewater treatment facilities for municipalities and special districts. His areas of expertise include all aspects of water system infrastructure including raw water diversions, pumping and pipelines,water treatment facilities, potable water storage tanks,water transmission and distribution piping systems. Experience with wastewater facilities includes raw sewage lift stations,force mains and gravity collection systems. Treatment systems included nutrient removal wastewater treatment facilities in a wide range of sizes from small, 250,000 gpd plants to large municipal plants with capacities in excess of 10 MGD. He has provided funding assistance,working directly with the CDPHE and previous clients to acquire grant and loan funding. Darwin G. Dyck, P.E., Senior Project Manager. Mr. Dyck has 30 years of experience in municipal and special district infrastructure feasibility, planning, design, and construction engineering. He has designed and estimated costs for many infrastructure facilities for numerous communities throughout the Rocky Mountain and southwest regions. Darwin is a chief capital construction cost estimator for Tetra Tech, and was instrumental in developing the firm's Construction Specifications Institute (CSI)-based specifications. He has also provided construction management and resident inspection for numerous projects. Troy Moore, P.E., Vice President/Senior Project Manager. Mr. Moore has 22 years experience in design, startup, and troubleshooting of electrical, instrumentation, telemetry, and control systems for water and wastewater facilities, including multiple treatment plants and pumping facilities. His expertise includes configuration, testing, and startup of multiple computer-based systems. His experience also includes design for electrical power distribution, motor control, lighting, alarm systems, standby power generation, mechanical, HVAC and cost estimating. He also performs services during construction, system troubleshooting and startup, 0&M manual preparation, and operator training. 40 C TETRA TECH Statement of Qualifications Joe R. Tamburini, PE, Senior Engineer. Mr. Tamburini has provided comprehensive plant design projects from bench scale testing through design and startup for municipal and industrial clients. Joe has led the design of five arsenic removal treatment plants utilizing different technologies including coagulation/filtrations, ion exchange, and media adsorption. He has expertise in developing various computer modeling and process simulation tools for water,wastewater and air emissions.Joe maintains the American Water Works Association licensed software: Model for Softening Calculations; Model for Corrosion Control & Process Chemistry; and, Blending Application Package 4.0.These spreadsheet-based tools provide clients with water modeling to evaluate systems over multiple dates, locations and water indices. Michael J Petti, PE, BCEE, Senior Project Manager. Michael brings over 30 years of project experience in water and wastewater treatment, large scale municipal infrastructure, stormwater management, civil and environmental engineering and consulting; and has received Bachelors and Masters of Science degrees in civil and environmental engineering, as well as an M.B.A. With his prior service as the Director of Engineering and Planning for a water and wastewater district that serves a population of approximately 400,000, Michael can provide superior project management service to Las Vegas Valley clients to address operational, process and regulatory challenges. He is also a Board Certified Environmental Engineer,Water and Wastewater Specialty. Samuel J. Billin, P.E., Vice President/Senior Project Manager. Mr. Billin has 18 years of experience consulting municipalities and industry in environmental investigation, remediation, civil engineering, and water resources. He is experienced in subsurface flow and contaminant transport and couples that specialty with hydrogeology and civil engineering for design of water supply, water treatment systems, and wastewater treatment facilities. He serves as a lead design engineer for pumping stations, water and wastewater treatment plants, and storm and sanitary sewer design and construction as well as environmental impact statements. He has particular experience • in managing complex environmental permitting and design projects including extensive experience in public participation. Mitchell E. Freeman, P.E., Vice President/Senior Project Manager. Mr. Freeman has 30 years experience in water and wastewater systems design and project management. He has been responsible for all phases of projects from concept to construction administration with particular expertise in water and wastewater systems. He also has extensive experience in the automation of these systems. Mitch has served as Project Manager for the design of biosolids treatment and dewatering facilities for numerous wastewater treatment facilities in Georgia. Tom D. Wiedmeier, P.E., Vice President/Senior Project Manager. With 25 years of experience in civil and environmental engineering, Mr. Wiedmeier has been responsible for the planning, design and construction administration of numerous wastewater treatment and conveyance projects. His expertise includes design of treatment processes, as well as operations and maintenance of facilities. As Project Manager, he consistently completes projects to the precise standard, on time and on budget. For 12 years, Tom was a City of Augusta employee serving in various capacities including Assistant City Engineer,Wastewater Plant Superintendent, and Assistant Director of Utilities. Carlos Chavez, P.E., Senior Project Manager. Mr. Chavez has over 15 years of experience working on a variety of projects including wastewater treatment, collection, reuse and distribution, stormwater collection and distribution, and building design. His responsibilities have included project management, engineering studies, detailed design,feasibility studies,construction administration,construction management and purchasing. E:1 TETRA TECH 41 Statement of Qualifications John Faulkner, P.E., Project Manager. Mr. Faulkner provides a unique combination of experience and education as both an engineer and contractor with more than 20 years of construction experience. John has extensive experience in computer simulation models of water distribution and wastewater collection systems, regularly performing water distribution and wastewater collection modeling as part of Master Plan studies. Recommendations made ass part of these studies include system pipeline looping, fire flow improvements, pressure zone reconfiguration, pump station addition, water storage expansion, pipeline routing, and lift station improvements. John has also served as a project engineer for various new plant and retrofit design projects for water and wastewater plants ranging in size from less than 1-mgd to 10-mgd. His experience includes hydraulic profile analysis, pumps, pump stations, pipeline and storage design,wastewater headworks facility design,and specification preparation. Edward Barenberg, P.E., Senior Project Manager. Mr. Barenberg is a Senior Project Manager with extensive experience in management, operation and maintenance, project management and design of utility systems, including 40 years of experience in the design and operation of water and wastewater treatment systems. His duties have ranged from design and permit application through construction field supervision,environmental regulation permit application,and quality analysis/quality control on numerous projects as a key member of the design team. He was also responsible for the management of utility operations at a major Midwest equipment manufacturing company. Marjorie O'Brien, PE, LEED, Civil Engineering & Land Planning Manager. Marjory is a highly accomplished leader with a broad based civil engineering background and diverse experience in Client Service Management, Program Management, Transportation and Land Development. She is a results-oriented and decisive manager with proven success in strategic thinking and innovative problem solving, including solutions for sustainable design, masterplanning, and municipal engineering. Marjorie is a leader in Program/Project Management, Organizational Effectiveness, P&L Management, Change Management, Strategic Planning, QA/QC, Contract Administration, Complex Entitlements,and Sustainability Assessments Julie Cozad, Planning Department Manager. Ms. Cozad's experience as a professional planner includes a total of fifteen years, both in government and private sector planning. She has been with Tetra Tech RMC since January, 2006 in the capacity of Planning Manager, managing a staff of Land Planners, Landscape Architects, Drafters and Graphic Designers. Recent Planning projects include several mining projects for Lafarge,several permitting projects for SemCrude, L.P. and Suncor Energy, an update of the Master Plan for Vandenberg AFB,contract planning for Canon City, and many large residential and commercial projects. Ms. Cozad has extensive experience in real estate and infrastructure due diligence and has successfully represented clients at Planning Commission Hearings, County Commissioner Hearings, Town and City Council meetings, neighborhood and other public meetings. Ms. Cozad's relationships with government regulators and elected officials are invaluable when obtaining plan approvals for clients. Jim Huiting, P.E., Project Manager. Mr. Huiting has been actively engaged in civil and environmental engineering since 1981.He has worked as a project manager and engineer on a wide range of water resources projects including wastewater and water plant and appurtenances design, dams, sewer rehabilitation, sewer overflow investigations, modeling, and construction administration. This work has stressed the latest innovations in computer application and rehabilitation techniques. He has worked for several years in Chicago, Saudi Arabia and Cleveland as well as ground breaking work in CSO and SSO plans in Kentucky. He currently is in Denver. His responsibilities include planning and review of preliminary plans, modeling, design, cost estimation, public meetings, construction administration and close out. He is responsible for client contact during design and construction. el TETRA TECH 42 • • Statement of Qualifications ! :• ' ' Julie Vlier, P.E., Water Quality Manager. Ms. Vlier has over 25 years of experience in water resources engineering, water quality engineering and management. Her specialty areas include many aspects of water water quality,wastewater,stormwater management,water resources planning,and municipal utilities.On behalf of her clients, she has also provided project management and technical oversight in water supply development, water reuse, utility planning, source water protection, total maximum daily load (TMDL) development and implementation, watershed management planning, and compliance of federal regulatory programs, including National Environmental Policy Act (NEPA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), and National Pollutant Discharge Elimination System (NPDES). Ms. Vlier has also provided clients with permitting assistance, including the evaluation of regulatory requirements and development and negotiation of permit conditions with various state agencies. Ms. Vlier recently completed her second term on the Colorado Water Quality Control Commission, serving as Chair of the nine-member board that promulgates water quality standards and classifications to protect beneficial uses of state waters. Rich Tocher, PE, Project Manager Mr. Tocher is a registered professional engineer with expertise in geotechnical and water resource engineering. He performs geotechnical investigations, analyses, and designs for water resource, commercial, industrial, and roadway projects. Over the past twenty years, he has performed more than 400 investigations throughout the Rocky Mountain region. He has experience with embankment design for a wide range of water resource and transportation projects. Mr. Tocher has served as Project Manager. Typical projects have included dams and reservoirs in mountainous and rural areas. H.C. Liang, PhD, Senior Engineer. H. C. brings more than 18 years of experience in chemical research. He is an expert in the fields of inorganic, environmental, and water chemistry, with particular emphases in sustainability issues such as pollution prevention and resource management. At Tetra Tech, H. C. has led various efforts in process chemistry at water treatment plants, including optimizing concurrent arsenic and manganese removal, design of new water treatment processes for reducing disinfection byproducts, and retrofitting water treatment plants for new oxidation processes. Prior to joining Tetra Tech, he taught and conducted research in environmental chemistry as an Assistant Professor of Chemistry at San Diego State University for 6 years, where he published a groundbreaking research paper on water chemistry in the prestigious journal Green Chemistry that was cited by the editors as a "hot article." [.'IJTETRATECH 43 CONCEPTUAL PLAN APPLICATION AND DECISION RECORD Haley Land Co. LLC February 2010 133-27364 TOWN OF MEAD LAND USE CODE FORM D-2 ANNEXATION AND CONCEPTUAL PLAN APPLICATION Applicable Section(s): Town of Mead Comprehensive Plan and Land Use Code, Articles 1, 2, 3 and 8 Copies Required: See checklist attached A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number Haley Land Co. LLC; 14491 WCR 5, Longmont, Co. 80504 Phone: 303-775-0777 Manager John Haley 2. Legal description of the property proposed for the land use change: (See Exhibit A attached) 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. The Haley Property is zoned agriculture in Weld County and is currently utilized for farming and agriculture practices. To the east the property borders Sorrento Estates and agricultural land. The Southern boundary of the property is adjacent to Highway 66 and large lot residential properties. The western property boundary is adjacent to large acreage properties with single-family residences. The northern boundaries of the property are adjacent to agricultural properties with single-family residences. 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. If the proposed land use change involves the annexation of land, the applicant must submit a petition and supporting documents in the form prescribed by C.R.S. 31-12-101, et seq. In addition, the applicant shall post a bond or other security as required by Section 16-20-40 of the Mead Municipal Code. A variety of land uses are proposed for the Haley Property; including single-family attached, single- family detached, multi-family, general and highway commercial. The maximum number of living units proposed 3039 dwelling units. The general and highway commercial areas are planned for both residential and commercial uses, with a mixed-use concept component and it is anticipated that the uses would be 50% commercial and 50%residential within those areas. Over 120 acres of the overall development is proposed to be zoned as general and highway commercial An Annexation Petition is included with the submittal documents. FORM D2.DOC 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [attach maps and sketches as necessary] See Concept Plan, Zoning and Annexation maps attached. 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. It is anticipated that preliminary and final plat processes will be phased following annexation and zoning for the property. Certain uses within the Commercial zoned areas may require Conditional Use processes for residential uses within those zonings. 8. Provide an elevation drawing of the proposed structure(s)showing height and describing the exterior materials. [attach drawings as necessary] Elevations of the property will be provided during the final platting stages for the project. 9. The fiscal impact analysis, Form D-4. See attached form provided with submittal documents. 10. Provide other information that the applicant believes will assist the Planning Commission and the Board of Trustees in making a fair decision. [attach additional sheets as necessary] See additional information provided with the application materials. 11. Signature of the Applicant: By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner: /< Date: 2//o/r o Q Jo R. Haley, (oMan r) Haley Land Co. LLC Owner-ii x-/-OVE i Date: oho%D Susan L. Haley Applicant: a Date: z-//0/6 Joh R. Haley,(Ma ger) Haley Land Co. LLC STATE OF COLORADO ) � p,PA G(f�� sS. Q (DTA (q COUNTY OF } ) R( m T e f.re.oin. in u ent w-• 'kno ` .'. •yyam�. m� this (0 day of 20 by �� .A, ICS _ ,• ' �.,. - a��7 5 My commission expires: /' �, 0 Witness My hand an official sea:a F C01-n/ ?uth ,�i�Rl ou uti r� Notary Public FORM 02 DOC *****************APPLICANT NOT TO WRITE BELOW THIS LINE******************* B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 4. Other Referrals: C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes O No ❑ 2. The application is for a Major Land Use Change.Yes O No ❑ • The requirements of the Mead Land Use Code have been satisfied. Yes O No ❑ 4. If the application is for the annexation of property, has the annexation question been submitted to and approved by the electorate? Yes O No❑ 5. The application is: ❑ approved ❑ disapproved ❑ approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Planning Commission of Mead, Colorado,this_day of , 20_. ATTEST: Secretary to the Commission Chairman FORM D2 DOC E. Action by the Board of Trustees. 1. The application is complete. Yes ❑ No O 2. The application is for a Major Land Use Change.Yes O No❑ 3. The requirements of the Mead Land Use Code have been satisfied. Yes O No❑ 4. The application is: ❑ approved ❑ disapproved ❑ approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead, Colorado, this day of , 20_ ATTEST: Town Clerk Mayor FORM D2DOC EXHIBIT A LEGAL DESCRIPTION Haley Land Co. LLC February 2010 133-27364 • • D7SANX_0I.DOC HASCALL SURVEYS INC. LAND SURVEYORS 1052 SIXTH STREET COURT BERTHOUD CO 80513 (303)709-0047 March 31,2010 HALEY ANNEXATION TOWN OF MEAD LEGAL DESCRIPTION ANNEXATION NO 1: A PARCEL OF LAND LOCATED IN SECTION TWENTY,THE SOUTHEAST QUARTER OF SECTION SEVENTEEN,THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE,AND THE SOUTHEAST QUARTER OF SECTION NINETEEN,ALL IN TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BEGINNING AT THE EAST QUARTER CORNER OF SECTION TWENTY,TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO,FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION TWENTY BEARS N00°18'32"W,AS MONUMENTED AND SHOWN HEREON,AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TWENTY, S89°12'43'W A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5;THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, N00°18'32'W A DISTANCE OF 2651.84 FEET;THENCE N00°29'20"W A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 32; THENCE S39°26'1 TW A DISTANCE OF 4122.37 FEET; THENCE S75°58'15"W A DISTANCE OF 3120.00 FEET;THENCE S76°22'53"E A DISTANCE OF 3120.00 FEET;THENCE N53°25'59"E A DISTANCE OF 3346.67 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.5;THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE,S89°03'2TW A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 179.436 ACRES MORE OR LESS,together with and subject to all easements and rights-of-way existing and/or of public record. LEGAL DESCRIPTION ANNEXATION NO 2: A PARCEL OF LAND LOCATED IN SECTION TWENTY,THE SOUTHEAST QUARTER OF SECTION SEVENTEEN,THE SOUTHEAST QUARTER OF SECTION NINETEEN,THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION THIRTY,THE NORTHWEST QUARTER OF SECTION TWENTY- EIGHT AND THE NORTH ONE-HALF OF SECTION TWENTY-NINE,ALL IN TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO. 1 • COMMENCING AT THE EAST QUARTER CORNER OF SECTION TWENTY,TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY,STATE OF COLORADO, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION TWENTY BEARS N00°16'32"W,AS MONUMENTED AND SHOWN HEREON,AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE, N89°03'2T'E A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5,S00°18'31"E A DISTANCE OF 2513.66 FEET;THENCE S44°24'36"E A DISTANCE OF 70.20 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66; THENCE S00°54'19"E A DISTANCE OF 150.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE HIGHWAY 66; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE,S89°05'41"W A DISTANCE OF 29.34 FEET; THENCE S45°32'00"W A DISTANCE OF 71.20 FEET;THENCE 589°05'41"W A DISTANCE OF 60.00 FEET;THENCE N46°38'31'W A DISTANCE OF 70.30 FEET; THENCE S89°05'41'W A DISTANCE OF 2105.29 FEET;THENCE S89°59'41"W A DISTANCE OF 871.35 FEET;THENCE S00°00'19"E A DISTANCE OF 25.00 FEET;THENCE S89°59'41'W A DISTANCE OF 1240.00 FEET;THENCE N00°00'19'W A DISTANCE OF 25.00 FEET;THENCE S89°59'41"W A DISTANCE OF 530.10 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT WITH A CENTRAL ANGLE OF 1°2T00",AN ARC LENGTH OF 288.88 FEET,A RADIUS OF 11415.00 FEET,AND A CHORD BEARING S89°16'11"W, 288.87 FEET;THENCE S88°32'41"W A DISTANCE OF 2755.81 FEET;THENCE S89°07'41'W A DISTANCE OF 88.99 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30; THENCE ALONG SAID WEST LINE, N00°22'02"W A DISTANCE OF 29.61 FEET TO THE SOUTH QUARTER CORNER OF SECTION NINETEEN;THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION NINETEEN, N00°06'44"W A DISTANCE OF 2677.67 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION NINETEEN; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, N89°02'44"E A DISTANCE OF 1483.40 FEET;THENCE S03°31'23"W A DISTANCE OF 76.58 FEET;THENCE S22°33'34"E A DISTANCE OF 96.16 FEET;THENCE S57°08'13"E A DISTANCE OF 255.12 FEET;THENCE S58°01'47"E A DISTANCE OF 112.74 FEET;THENCE$66°47'07'"E A DISTANCE OF 429.93 FEET;THENCE S55°02'37"E A DISTANCE OF 347.21 FEET;THENCE$65°54'37"E A DISTANCE OF 138.29 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 3;THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, N00°02'43"E A DISTANCE OF 807.35 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 19;THENCE ALONG SAID NORTH LINE, N89°02'44"E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20;THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, N89°12'40"E A DISTANCE OF 2654.34 FEET TO THE CENTER CORNER OF SAID SECTION 20; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, N00°11'05"W A DISTANCE OF 953.70 FEET;THENCE S86°32'47"W A DISTANCE OF 174.10 FEET; THENCE N11°38'25"E A DISTANCE OF 80.72 FEET; THENCE N07°36'03"E A DISTANCE OF 72.21 FEET;THENCE N03°32'47"E A DISTANCE OF 100.07 FEET;THENCE N09°33'20"E A DISTANCE OF 67.95 FEET;THENCE N02°38'57"E A DISTANCE OF 67.61 FEET;THENCE N04°52'04"W A DISTANCE OF 76.61 FEET;THENCE ALONG A CURVE TURNING TO THE RIGHT WITH A CENTRAL ANGLE OF 46°00'38",AN ARC LENGTH OF 92.19 FEET,A RADIUS OF 114.80 FEET,AND A CHORD BEARING N18°08'15"E, 89.73 FEET;THENCE ALONG A REVERSE CURVE TURNING TO THE LEFT WITH A CENTRAL ANGLE OF 25°20'39",AN ARC LENGTH OF 160.60 FEET,A RADIUS OF 363.06 FEET,AND A CHORD BEARING N28°28'15"E, 159.29 FEET;THENCE N15°47'55"E A DISTANCE OF 100.96 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER;THENCE ALONG SAID WEST LINE,N00°11'05'9 A DISTANCE OF 932.00 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20;THENCE N00°3T48"W A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 32;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, N89°22'07"E A DISTANCE OF 2629.45 FEET;THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, S39°26'17''9 A DISTANCE OF 4122.37 FEET;THENCE S75°58'15"W A DISTANCE OF 3120.00 FEET;THENCE S76°22'53"E A 2 DISTANCE OF 3120.00 FEET:THENCE N53°25'59"E A DISTANCE OF 3346.67 FEET TO THE POINT Or BEGINNING THUS DESCRIBED PARCEL OF LAND CONTAINS 470.579 ACRES MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING PARCEL: A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20, TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20,TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WHENCE THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20 BEARS SOUTH 89°11'48"WEST,SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION;THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 20, NORTH 00°18'31"WEST 138.20 FEET;THENCE SOUTH 89°06'02"WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. FIVE AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66 THE FOLLOWING TWO COURSES: 1)THENCE SOUTH 43°26'03"WEST,A DISTANCE OF 71.20 FEET; 2) THENCE SOUTH 89°05'41"WEST,A DISTANCE OF 100.78 FEET;THENCE NORTH 00°18'31"WEST,A DISTANCE OF 125.60 FEET; THENCE NORTH 14°5731"WEST,A DISTANCE OF 125.18 FEET; THENCE NORTH 60°46'21"WEST,A DISTANCE OF 66.00 FEET;THENCE NORTH 40°13'21"WEST,A DISTANCE OF 80.00 FEET;THENCE NORTH 07°28'21"WEST,A DISTANCE OF 30.00 FEET;THENCE NORTH 45°04'39"EAST,A DISTANCE OF 42.00 FEET;THENCE NORTH 64°36'39"EAST,A DISTANCE OF 58.00 FEET;THENCE NORTH 52°24'39"EAST,A DISTANCE OF 38.00 FEET;THENCE SOUTH 72°5421"EAST,A DISTANCE OF 33.00 FEET;THENCE NORTH 00°18'31"WEST,A DISTANCE OF 332.00 FEET;THENCE NORTH 89°41'29" EAST,A DISTANCE OF 150.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. FIVE;THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. FIVE SOUTH 00°18'31" EAST,A DISTANCE OF 717.11 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED EXCEPTION CONTAINS 3.125 ACRES MORE OR LESS. NET ANNEXATION 2=467.454 ACRES. • J ammo,/ z .s= =ear" •-•••••23500 •0= A. MICHAEL HASCALL, COLO. PLS. NO.2300 M: ;W i A /�o/ {{ Ir r%�'r/p•••............. DATE: •/4 LAO :4;,I1 3 TOWN OF MEAD LAND USE CODE Form D-5 Agreement for Payment of Review and Development Expenses Incurred by the Town THIS AGREEMENT, made and entered into this_day of , A.D. 2010, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as"the Town,"and Haley Land Company LLC., 14491 WCR5, Longmont Co. 80504, hereinafter referred to as"the Owner"; WITNESSETH: WHEREAS, the Owner/Developer owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: See attached legal descriptions for Annexation No. 1 and Annexation No. 2 WHEREAS, the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS, the Owner/Developer desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of Haley Annexation No. 1 and Haley Annexation No. 2 ; and WHEREAS, the Parties hereto recognize that the cash deposits and non-refundable land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, planning services, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses and recording documents; and WHEREAS, the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the development project; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies collected and expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred and the balance remaining in the account will be made available to the Owner/Developer by the Town. 2. EXPENDITURE OF FEES PAID BY THE OWNER/DEVELOPER. The Town shall expend the monies collected from the Owner/Developer in the form of land use fees and cash deposits, in the payment of expenses incurred in processing the Owner/Developer's request, throughout the development process until final completion of the project. Expenses shall include, but not limited to, fees charged to the Town for legal publications, FORM 05.DOC 9/12/05 3:07 pm) Page 1 of 3 planning services, engineering services, attorney services, consultant services, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. Any cash deposits held by the Town and not expended, will be refunded to the Owner/Developer, without interest, upon completion or termination of project. 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER/DEVELOPER. In the event that the Town incurs expenses for the review of the Owner/Developer's request, greater than the monies collected from the Owner/Developer in the form of land use fees and cash deposits, the Owner/Developer shall reimburse the Town for the additional expenses and/or replenish the cash deposits to the level specified. Said reimbursement and/or replenishment shall be made within ten (10) days of the Town submitting an invoice for the expenses, or a demand for the replenishment of the cash deposit. Failure by the Owner/Developer to pay within the specified time shall be cause for the Town to cease processing the application, or deny the Owner/Developer of the right to appear before Planning Commission or the Board of Trustees, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner/Developer may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner/Developer will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner/Developer fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. 6. PERSONAL GUARANTY. At the option of the Board of Trustees, the Owner/Developer may be required to provide a personal guaranty for the payment of review and other expenses. 7. ORIGINAL COUNTERPARTS. This Agreement may be executed as counterparts, each of which will be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Town and the Owner/Developer have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby agreed to be bound by the terms and conditions of this agreement. (Signature Instructions:And additional signature lines and notary certificates for each signature.) FORM D5DOC 9/12/05 3:07 pm) Page 2 of 3 TOWN OF MEAD OWNER/DEVELOPER Haley Land Company. LLC John R. Haley (Manager) Fes' .1,..' 9 /41a-ha yrc-� By By Haley Land Company. LLC Richard W. Macomber, Mayor ATTEST: Address: 14491 WCR 5 Longmont, Co. 80504 By Charlene Reed, Town Clerk STATE OF COLORADO ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by as Mayor and as Town Clerk of the Town of Mead. My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) )SS. COUNTY OF BeII icier) The foregoing instrument was ackg4w+edged before rrie this �day of . X1 20 POby \n K. �1c�,� JYl as Of �- VADu P My commission expires: 3lQ9iaoIO Pw1LLgU c<‘• Witness my hand and official seal. / ^`CRY ) Qiota 3;u.lic FORM 05.000 9112105 3:07 pm) Page 3 of 3 • D7SANX_0LDOC HASCALL SURVEYS INC. LAND SURVEYORS 1052 SIXTH STREET COURT BERTHOUD CO 80513 (303)709-0047 March 31,2010 HALEY ANNEXATION TOWN OF MEAD LEGAL DESCRIPTION ANNEXATION NO 1: A PARCEL OF LAND LOCATED IN SECTION TWENTY,THE SOUTHEAST QUARTER OF SECTION SEVENTEEN,THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE,AND THE SOUTHEAST QUARTER OF SECTION NINETEEN,ALL IN TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. BEGINNING AT THE EAST QUARTER CORNER OF SECTION TWENTY,TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO,FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION TWENTY BEARS N00°18'32"W,AS MONUMENTED AND SHOWN HEREON,AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TWENTY, S89°12'43'W A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.5;THENCE ALONG SAID WEST RIGHT-OF-WAY LINE,N00°18'32'W A DISTANCE OF 2651.84 FEET;THENCE N00°29'20"W A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 32;THENCE S39°26'1T'W A DISTANCE OF 4122.37 FEET; THENCE S75°58'15'W A DISTANCE OF 3120.00 FEET;THENCE S76°22'53"E A DISTANCE OF 3120.00 FEET;THENCE N53°25'59"E A DISTANCE OF 3346.67 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5;THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE,S89°03'2TW A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 179A36 ACRES MORE OR LESS,together with and subject to all easements and rights-of-way existing and/or of public record. LEGAL DESCRIPTION ANNEXATION NO 2: A PARCEL OF LAND LOCATED IN SECTION TWENTY,THE SOUTHEAST QUARTER OF SECTION SEVENTEEN,THE SOUTHEAST QUARTER OF SECTION NINETEEN,THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION THIRTY,THE NORTHWEST QUARTER OF SECTION TWENTY- EIGHT AND THE NORTH ONE-HALF OF SECTION TWENTY-NINE,ALL IN TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,STATE OF COLORADO. 1 • COMMENCING AT THE EAST QUARTER CORNER OF SECTION TWENTY,TOWNSHIP THREE NORTH,RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY,STATE OF COLORADO, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION TWENTY BEARS N00°18'32"W,AS MONUMENTED AND SHOWN HEREON,AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE, N89°03'2T'E A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.5,S00°18'31"E A DISTANCE OF 2513.66 FEET;THENCE 344°24'36"E A DISTANCE OF 70.20 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66;THENCE S00°54'19"E A DISTANCE OF 150.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE HIGHWAY 66; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, S89°05'41"W A DISTANCE OF 29.34 FEET; THENCE S45°32'00'W A DISTANCE OF 71.20 FEET;THENCE S89°05'41"W A DISTANCE OF 60.00 FEET;THENCE N46°38'31"W A DISTANCE OF 70.30 FEET; THENCE S89°05'41"W A DISTANCE OF 2105.29 FEET;THENCE S89°59'41"W A DISTANCE OF 871.35 FEET;THENCE S00°00'19"E A DISTANCE OF 25.00 FEET;THENCE S89°59'41"W A DISTANCE OF 1240.00 FEET;THENCE N00°00'19'W A DISTANCE OF 25.00 FEET;THENCE S89°59'41"W A DISTANCE OF 530.10 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT WITH A CENTRAL ANGLE OF 1°2700",AN ARC LENGTH OF 288.88 FEET,A RADIUS OF 11415.00 FEET,AND A CHORD BEARING S89°16'11"W, 288.87 FEET;THENCE S88°32'41"W A DISTANCE OF 2755.81 FEET;THENCE S89°07'41'W A DISTANCE OF 88.99 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30; THENCE ALONG SAID WEST LINE, N00°22'02"W A DISTANCE OF 29.61 FEET TO THE SOUTH QUARTER CORNER OF SECTION NINETEEN;THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION NINETEEN, N00°06'44"W A DISTANCE OF 2677.67 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION NINETEEN; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, N89°02'44"E A DISTANCE OF 1483.40 FEET;THENCE S03°31'23"W A DISTANCE OF 76.58 FEET;THENCE S22°33'34"E A DISTANCE OF 96.16 FEET;THENCE S57°08'13"E A DISTANCE OF 255.12 FEET;THENCE S58°O1'47"E A DISTANCE OF 112.74 FEET;THENCE$66°47'07°E A DISTANCE OF 429.93 FEET;THENCE S55°02'37"E A DISTANCE OF 347.21 FEET;THENCE$65°54'37"E A DISTANCE OF 138.29 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 3;THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, N00°02'43"E A DISTANCE OF 807.35 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 19;THENCE ALONG SAID NORTH LINE, N89°02'44"E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20;THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, N89°12'40"E A DISTANCE OF 2654.34 FEET TO THE CENTER CORNER OF SAID SECTION 20; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, N00°11'05'W A DISTANCE OF 953.70 FEET;THENCE S86°32'47'W A DISTANCE OF 174.10 FEET; THENCE N11°38'25"E A DISTANCE OF 80.72 FEET;THENCE N07°36'03"E A DISTANCE OF 72.21 FEET;THENCE N03°32'4T'E A DISTANCE OF 100.07 FEET;THENCE N09°33'20"E A DISTANCE OF 67.95 FEET;THENCE N02°38'57"E A DISTANCE OF 67.61 FEET;THENCE N04°52'04"W A DISTANCE OF 76.61 FEET;THENCE ALONG A CURVE TURNING TO THE RIGHT WITH A CENTRAL ANGLE OF 46°00'38",AN ARC LENGTH OF 92.19 FEET,A RADIUS OF 114.80 FEET,AND A CHORD BEARING N18°08'15"E, 89.73 FEET; THENCE ALONG A REVERSE CURVE TURNING TO THE LEFT WITH A CENTRAL ANGLE OF 25°20'39",AN ARC LENGTH OF 160.60 FEET,A RADIUS OF 363.06 FEET,AND A CHORD BEARING N28°28'15"E, 159.29 FEET;THENCE N15°47'55"E A DISTANCE OF 100.96 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER;THENCE ALONG SAID WEST LINE,N00°11'05"W A DISTANCE OF 932.00 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE N00°37'48"W A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 32;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, N89°22'07"E A DISTANCE OF 2629.45 FEET;THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, S39°26'17'W A DISTANCE OF 4122.37 FEET;THENCE S75°58'15"W A DISTANCE OF 3120.00 FEET;THENCE S76°22'53"E A 2 DISTANCE OF 3120.00 FEET:THENCE N53°25'59"E A DISTANCE OF 3346.67 FEET TO THE POINT O= BEGINNING THUS DESCRIBED PARCEL OF LAND CONTAINS 470.579 ACRES MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING PARCEL: A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WHENCE THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20 BEARS SOUTH 89°11'48"WEST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION;THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 20, NORTH 00°18'31"WEST 138.20 FEET;THENCE SOUTH 89°06'02"WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. FIVE AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66 THE FOLLOWING TWO COURSES: 1)THENCE SOUTH 43°26'03"WEST,A DISTANCE OF 71.20 FEET;2) THENCE SOUTH 89°05'41"WEST,A DISTANCE OF 100.78 FEET;THENCE NORTH 00°18'31"WEST,A DISTANCE OF 125.60 FEET; THENCE NORTH 14°57'31"WEST,A DISTANCE OF 125.18 FEET; THENCE NORTH 60°46'21"WEST,A DISTANCE OF 66.00 FEET;THENCE NORTH 40°13'21"WEST,A DISTANCE OF 80.00 FEET; THENCE NORTH 07°28'21"WEST,A DISTANCE OF 30.00 FEET; THENCE NORTH 45°04'39"EAST,A DISTANCE OF 42.00 FEET;THENCE NORTH 64°36'39"EAST,A DISTANCE OF 58.00 FEET; THENCE NORTH 52°24'39"EAST,A DISTANCE OF 38.00 FEET;THENCE SOUTH 72°54'21"EAST,A DISTANCE OF 33.00 FEET;THENCE NORTH 00°18'31"WEST,A DISTANCE OF 332.00 FEET;THENCE NORTH 89°41'29"EAST,A DISTANCE OF 150.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. FIVE;THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. FIVE SOUTH 00°18'31" EAST, A DISTANCE OF 717.11 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED EXCEPTION CONTAINS 3.125 ACRES MORE OR LESS. NET ANNEXATION 2=467.454 ACRES. k OS RE8/7% a{Scans:O•o KYip• e zasa 23500 =®= a A. MICHAEL HASCALL, COLO. PLS. NO.2400 3'• ;W a a /'Vi O *41) •, •••,a DATE: / T k` 3 FORMD - 4 FISCAL ANALYSIS Haley Land Co. LLC February 2010 133-27364 TOWN OF MEAD LAND USE CODE FORM D-4 FISCAL ANALYSIS (Required for all Preliminary and Final Applications) (for Major Land Use Changes) Applicable Section(s): Copies Required: Applicant's name, address and telephone number Haley Land Co. LLC Manager: John Haley 14491 WCR 5 Phone: 303-775-0777 Longmont, Colorado 80504 Name of the Project: Haley Annexation REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units[ 564,850,000 ]t" x factor[ 7.96 % ]1�)=Assessed Valuation [ 44,962,060 1 Market value all multi-family units [ 147,750,000 1(11 x factor[7.96 % ](2) =Assessed Valuation [ 11,760,9001 Market value all mobile home units [ NA 11" x factor[ 7.96 % ](�)=Assessed Valuation [ NA 1 Market value all non-residential structures [ 160,997,760 (t'1 x factor( 29% ](�)=Assessed Valuation [46,689,350 1 Total Assessed Valuation [ 103,412,310 1 Total Assessed Valuation 1 103,412,310 1x Town mill levy [ 11.522 mills 1(3)= Town Property Tax Revenue [ 1,191,517 1 Total Assessed Valuation [ 103,412,310 l x St. Vrain School mill levy( 37.798 mills 1") = School Property Tax Revenue [ 3,908,779 1 Page 1 of 6 (11 Developer's projected market value. RI Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (3)Contact the Town Clerk for current factors. Mead- D-4 Form LUC- Revised 5-30-08.doc January 31, 2006 Total Assessed Valuation [ 103,412,310 ] x Mt. View Fire District mill levy '. 7.817 mills 1(3)= Fire District [ 808,374 1 Property Tax Revenue Total Assessed Valuation ( 103,412,3101 x Weld County mill levy [ 16.804 mills ]tai = County Property Tax Revenue 1 1,737,740 1 Total Assessed Valuation [ 103,412,310 1 x St. Vrain San. Dist. mill levy [ .197 mills 1(3) = St. Vrain San. Dist. Tax Revenue 1 20,372 1 Total Assessed Valuation 103,412,3101 x all other mill levies( 4.253 mills 1(') = Other Property Tax Revenue 1 439,813 Total Property Tax Revenue [ 8,106,595 1 2. Sales Tax. Population in the development[ 7,293 ]x the last year's per capita collection [ $48.46 1(3) = total annual sales tax revenue [ 353,419 1 Estimated gross retail sales within the development [ unknown 1 x 2%(3) =total annual sales tax revenue [ unknown 1 3. Sewer Revenue. Population in the development[ 7,293 Ix the last year's per capita collection I $75.21 ](3) =total annual sewer revenue I 548,507 1 4. Other Revenue (taxes,fees, permits, etc.). Population in the development[ 7,293 1 x the last year's per capita collection I $65.80 1(3) =total other revenue [ 479.879 1 Nonresidential - business licenses, liquor licenses, etc.t31 = total annual other revenue [ unknown 1 TOTAL RECURRING REVENUE [ 9,488,400 1 B. One-Time Revenues. 1. Building Permits. Market value of structure(s) 1 873,597,760 1(1)x factor 1 .0099375 + $30.00/BP 1(3)= building permit revenue 1 8,775,548 1 Page 2 of 6 ")Developer's projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ni Contact the Town Clerk for current factors. Mead - D-4 Form LUC- Revised 5-30-08.doc January 31, 2006 2. Use Taxes. Market value of structure(s) [ 873,597,7601(') x 50%x 2% = use tax revenue [ 8,735,978 1 3. Sewer Plant Investment. Total taps x factor[ $6,000.00 1t" = total PIF [ 18,834,000 1 4. Storm drainage. Number of dwelling units [ 3,039 ] x$131 = residential storm drainage impact fees 1 398,109 ] Square feet of nonresidential development[ 1,341,648 1 x$0.081 sq.ft. = nonresidential storm drainage impact fees [ 107,332 1 5. Transportation. Number of dwelling units( 3,039 ]x$1,350 = residential transportation impact fees [ 4,102,650 ] Square feet of nonresidential development[ 1,341,648 1 x$0.37/sq.ft. = nonresidential transportation impact fees [ 496,410 1 6. Open Space. Number of dwelling units [ 3,039 1x$1,852 = residential open space impact fees [ 5,628,228 1 Square feet of nonresidential development 11,341,648 1 x$0.47/sq.ft. = nonresidential open space impact fees [ 630,575 1 7. Police Protection. Number of dwelling units [ 3,039 ] x$50 = residential police protection impact fees [ 151,950 1 Square feet of nonresidential development[ 1,341,648 1 x$0.01/sq.ft. = nonresidential police protection impact fees 1 13,417 1 8. Municipal Facilities. Number of dwelling units 1 3,039 1 x$1, 697 = residential municipal facilities impact fees [ 5,157,183 1 Square feet of nonresidential development [ 1,341,648 1 x$0.43/sq.ft. = nonresidential municipal facilities impact fees [ 565,299 ] Page 3 of 6 (I)Developers projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ("Contact the Town Clerk for current factors. Mead - D-4 Form LUC- Revised 5-30-08.doc January 31, 2006 9. Park System. Number of dwelling units [ 3,039 Ix$462 = residential park system impact fees [ 1,404,0181 10. Recreation Center. Number of dwelling units[ 3,039 ix$1,683 = residential recreation center impact fees [ 5,114,637 1 11. Downtown Revitalization (public facilities). Number of dwelling units[ 3,039 1x$304 = residential downtown revitalization impact fees [ 923,856 12. Capital Equipment. Number of dwelling units [ 3,039 1 x$316 = residential capital equipment impact fees [_ 960,324 ] Square feet of nonresidential development[ 1,341,648 ] x$0.09/sq.ft. = nonresidential capital equipment impact fees 1 120,748 1 TOTAL ONE TIME REVENUE [ 62,120,262 I II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development[ 646.9 ]x 4% x factor[ $2,287.00 ]`3' = total street maintenance costs [ 59,178 1 2. Police Protection. Projected population at full development[ 7,293 1 x per capita cost of police protection [ $23.87 ] = total police protection costs [ 174,084 1 Square feet of nonresidential development[ 1,341,648 1 x [ unknown 1(3) = nonresidential police protection costs [ unknown 1 3. General Government. Projected population at full development[ 7,293 1 x per capita cost of general government[ $87.18 ](3) = total general government costs [ 635,804 ] Page 4 of 6 (1)Developers projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (3)Contact the Town Clerk for current factors. Mead - D-4 Form LUC- Revised 5-30-08.doc January 31, 2006 Square feet of nonresidential development[ 1,341,648 1 x[ unknown 1t31 = nonresidential general government costs [ unknown 1 4. Parks and Recreation. Projected population at full development( 7,293 ] x per capita cost of park maintenance[ $10.00 it31 =total park maintenance costs [ 72,930 1 5. Sewer Collection and Treatment. Projected population at full development[ 7,293 _1 x per capita cost of sewer collection and treatment[ $100.20 1(3)=total sewer costs 1 730,759 1 6. Storm Water and Drainage. Projected population at full development 1 7,293 1 x per capita cost of storm water and drainage maintenance [ unknown 1(3) = total storm water costs [ unknown 1 Square feet of nonresidential development[ 1,341,648 1 x[ unknown 1(3) = nonresidential storm water costs [ unknown 1 TOTAL RECURRING COSTS [ 1,672,755 1 B. One-Time Costs. 1. Park and Recreation. Projected population at full development[ 7,293 ] x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities f $65.00 1(3) =total recreation facilities costs [ 2,370,225 2. Sewer Plant. Projected population at full development 1 7,293 1 x gallons per capita 1 120 nal. l 3)x cost per gallon of capacity[ $3.50 it31= total cost of sewer plant [_ 3,063,060 .1 TOTAL ONE-TIME COSTS [ 5,433,285 1 Page 5 of 6 ")Developer's projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. r3i Contact the Town Clerk for current factors. Mead - D-4 Form LUC- Revised 5-30-08.doc January 31, 2006 TOTAL RECURRING REVENUES 1 9,488,400 1 TOTAL RECURRING EXPENDITURES 1 1,672,755 1 DIFFERENCE [ 7,815,645 1 TOTAL ONE-TIME REVENUES 162,120,262 1 TOTAL ONE-TIME EXPENDITURES 1 5,433,285 1 DIFFERENCE 1 56,686,977 1 ********M********************************ii*#**********##*************** ASSUMPTIONS MADE BY APPLICANT FOR ABOVE CALCULATIONS: • 3,039 residential units of which 2,054 are single family units and 985 are multi-family units • Average market value of a single family home in the development= $275,000 • Average market value of a multi-family unit in the development= $150,000 • Commercial FAR = 0.25 • Average market value of commercial =$120/square foot • One-time revenue calculations assume that there will be 100 commercial building permits • Population calculation assumes 2.4 people per residential unit III. Signature of the Applicant. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s)of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Ow • E / Date: Z_/7a /70 Own V 7 Date: /ip//o Applicant: Date: 2-/ia/io 711/4+01- p, GUM STATE OF COLORADO) A"?;..11c- COUNTY OF- lIctQ-) n 7�, The foregoing instrument was ac no ledgeeddefore e this b day of i 20 n by • My commission expires:3/a-1 /c Witness My hand and officia al. )kD GAD 9J19 U1��9 Notary Public Page 6 of 6 (I)Developer's projected market value. m Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (3)Contact the Town Clerk for current factors. Form D4.doc January 31, 2006 ANNEXATION BASE FEES Haley Land Co. LLC February 2010 133-27364 ?_ - d i ' » 0 \ t ( \ dirt; \ \[\ y } . 1 &! ) ( ) / , 2 » ) Q . : / o co } - 0 i \ . ? \ . f � \ . -I \cr in \\ bs / 2 ) o.lf4G : \ \ r { • Za . . 0 ° 0 } \ 4 . . \ }z>,. . «2,2g . . � © n " § § \ / \ i 0zy % 2l o } 0 . / \ 0 ‘14 ) lu cc 2cc O s e ..�. .. LETTER OF INTENT Haley Land Co. LLC February 2010 133-27364 . mrt TETRA TECH April 5, 2010 Mead Board of Trustees Town of Mead PO Box 626 Mead, Co. 80524 RE: Letter of Intent—Haley Annexation Dear Town Board Members: We are proud to submit for your review the Haley Annexation application requesting the annexation of land owned by Haley Land Co., LLC and Susan L. Haley. The Haley properties are located on the northwest corner of Weld County Road 5 and State Highway 66, located in the Southwest Quarter of Section 19 and the South Half of Section 20 and the Northeast Quarter of Section 20, all in Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The total acreage to be annexed is 646.89 acres and it is proposed to be annexed in two consecutive annexations. Annexation Number 1 totals 179.436 acres and Annexation Number 2 is a total of 467.454 acres. The Haley Annexation application seeks to annex and rezone the land into the Town of Mead with the desire to maintain existing agricultural and residential uses on the land owned by Susan L. Haley. The rest of the property will be zoned a mix of RSF 4, Highway Commercial, and General Commercial. We originally met with the Mead Town Board in February of 2008 to go over the concept plan and to obtain a general consensus of the concept for the property. We also participated in the recent update of the Town's Comprehensive Plan and have had numerous discussions with the Town Manager and Planner regarding this project. The initial annexation and zoning applications were submitted in June of 2008 and we received comments from the Town in August of 2008. The Town staff determined that we should wait to re-submit the application until the Comprehensive Plan and Land Use Code were officially adopted by the Town. The Comprehensive Plan was adopted in March of 2009 and the Land Use Code was adopted in August of 2009. All of the comments from the original submittal have been addressed and the current plan meets the intention of the updated Comprehensive Plan Land Use Map as well as the goals, policies and vision of the Town of Mead. Landscaping and open space areas are proposed to be an important component for the Haley Property's final development plans. Neighborhood pocket parks, trails and buffer areas will be designed throughout the development to provide active and passive recreational areas for the community's residents. 1900 S.Sunset Street,Suite I-F Longmont.CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com Page 2 mit TETRA TECH Mead Board of Trustees April 5, 2010 The architecture for the project will provide a variety of housing types and styles that are consistent with the character and feel of the Town of Mead, but will also have some elements that give the neighborhood it's own character. The residential and commercial buildings will be of high quality and will help to create a sense of community through innovative and creative design techniques. In closing, the attached submittal documents explain in greater detail the specific ideas and vision for the Haley Property. The design team is enthusiastic about working with the Town's Planning Commission and Board as well as the Town of Mead Staff to design a community that the citizen's of Mead can support and be proud of. We look forward to your consideration and support of this application. Please contact me with questions or for additional information at 303-772-5282. Sincerely, TETRA TECH Julie A. Cozad Land Planning Manager Attachments: Vicinity Map Annexation Application cc: Dan Dean Steve Stamey Gary West P 33_27364 08001 Haley Property MeadDeliverables\Annex Sub Documeors February 2010 SubminaFLErTER OF INTENT doc /I '0 'I I c I MEAD ':1[.:.•f-4'.. Y I r-: ,, L i'- i co w 13 18 i 17 \16 1. a \.1 • �, ( \ I•,..:, � 1 • ` tj NRY� � o , VERMILLION RD —� _ _ _ .. __ �.-� -- _• 0 -.—__ a r__._..�_�_.�- HALEY �j '._.,r/ j ANNEXATION :- ,. f a i =. x'73 . : m T / .7 21 + l 24 E l ,. r ; / ;c /v / / SUSAN L , ( IL_çl • < '- it ll 66 I g g O il Z m li 14 re ! O '30 ` 28 ws o ii o 29 'I a , m l m j ..""--'-'7-------.:,. V i' T r v��. 2\ _. ___.___._ _ C�NkITYR __.,I _$. P a g' \ HYGENE RD j i . g i. k - r- j t ) �bt i • GM0NT i. I f 3000' 1500' 0' 3000' 6000 VICINITY MAP a 1"=3000' SCALE IN FEET 0 N Drawing Description Project No.: 133-27364.08001 0 TETRA TECH HALEY ANNEXATION Date: 2-12-10 z VICINITY MAP Designed By:2 — LLwww.tetratech.com Drawing No. a N 1900 S.Sunset Street,Ste.1-F HALEY LAND COMPANY, LLC �I 4. Longmont,Colorado 80501 I PHONE:(303)772-5282 FAX:(303)772-7039 Copyright: Tetra Tech ANNEXATION PETITION Haley Land Co. LLC February 2010 133-27364 Haley Annexation No. 1 and Haley Annexation No.2 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We, John R. Haley, Manager for Haley Land Co., LLC, and Susan L. Haley,the undersigned landowners, in accordance with 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-wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 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 in Exhibit A be annexed to the Town of Mead. 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. f No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00)for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one 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 more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the 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; 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 boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is for RSF 4, Highway Commercial, General Commercial, and Agricultural. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner A ,_ Date: Z�io/to hn R. Haley, Ma ger Haley Land Co. LLC OwnC eit-✓ V° 04 1.61/ Date:n2�/o ADSusan L. Haley Applican • .t Date: zAo/io Joh . Haley, Mana Haley Land Co. LLC STATE OF COLORADO ) SS. COUNTY OF 60A(A P/f) The fore Ding i str ment was acknowledged be ow_m this ID day o , 200 )O by My commission expires: cy kD I NOT Q r Witness My hand and official seal. -t ;p:. cc,\tz COL oP,NOV Landowner/Petitioner Legal Description Mailing Address Date Signed of Land Owned Haley Land Co. LLC See Exhibit A John Haley, Manager 14491 WCR 5 Longmont, Co.80504 Susan L. Haley See Exhibit A 14491 WCR 5 Longmont, Co.80504 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF 13Du.IGtei' ) ?am C1 --eYcL., , being first duly sworn upon oath, deposes and says that she was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of 4 pages including this page and that each signature reon was witnessed by your affiant and is the signature of the person whose name it purports to be Circulator STATE OF COLORADO ) ) SS. COUNTY OF ) P p` Gt.//44 The foregoing instrument was a g ¢% this KI) day of 200)0 by tp Q N My commission expires: 3/00.31-ii Witness My hand and official s 5 \ 4P\ a C� ary Public EXHIBIT A LEGAL DESCRIPTION Haley Land Co. LLC February 2010 133-27364 EXHIBIT A Susan L. Haley Property Legal Description: Lot A of Recorded Exemption No. 1207-20-4-12E-671,as per the map recorded April 10, 1984 in Book 1026 under Reception No. 1962394,Weld County Records,being a part of the E1/2SE1/4 of Section 20,Township 3 North,Range 68 West of the 6t°P.M.,County of Weld,State of Colorado Haley Land Co.,LLC Property Legal Description: Parcel 1 Lot B,Recorded Exemption No. 1207-19-4-RE1745,being a part of the SE1/4 of Section 19,Township 3 North, Range 68 West of the 61°PM.,County of Weld,State of Colorado,according to map recorded July 12 1995 at Reception No.2446195. Parcel 2 A part of the El/2NW 1/4 of Section 20,Township 3 North,Range 68 West of the 6m P.M.,described as follows: Beginning 932 feet South of the Northeast comer,thence South 731 feet to a point where the Mulvaney Ditch enters said tract thence West 170 feet;thence Northeasterly 800 feet along said ditch to the point of beginning, County of Weld,State of Colorado. Parcel 3 The SW1/4 of Section 20,Township 3 North,Range 68 West of the 61h P.M.,County of Weld,State of Colorado, except that portion conveyed in instrument recorded July 5, 1883 in Book 14 at Page 571 and March 18, 1960 in Book 1553 at Page 500. Parcel 4 NE1/4 of Section 20,Township 3 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado except that portion conveyed in instrument recorded July 5,1883 in Book 14 at Page 569. Parcel 5 The W1/2 of the SEI/4 of Section 20,Township 3 North,Range 68 West of the 6°P.M.,County of Weld,State of Colorado,except that portion conveyed to the Department of Highways by instrument recorded March 18, 1960 in Book 1553 at Page 500 Parcel 6 Lot B,Corrected Recorded Exemption No. 1207-20-4-RE-671,being a part of the E1/2SE1/4 of Section 20, Township 3 North,Range 68 West of the 6m P.M.,County of Weld,State of Colorado,according to map recorded April 20,2001 at Reception No.2842715; SITUATE IN Weld COUNTY TITLE COMMITMENT FOR HALEY LAND CO. LLC Haley Land Co. LLC February 2010 133-27364 American Land Title Association Commitment—1982 TITLE INSURANCE COMMITMENT BY stewart• .title guaranty company Order Number: 20071532 We agree to issue policy to you according to the terms of the Commitment When we show the policy amount and your name as the proposed insured in Schedule A,this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date,our obligation under this Commitment will end. Also,our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schr4lnle B-I. The Exceptions in Schedule B-H. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. THIS COMMITMENT IS NOT AN ABSTRACT,EXAMINATION,REPORT OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALT NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH 4 OF THE CONDITIONS. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. rstewart • �aZLb � Sum i��C[� CGii.0 o[ U• Board / (/,,/I ;� Pvwiaot X1888 fe • tfxAy Countersigned: Authorized Countersignature Stewart Title 3711 John F.Kennedy Parkway,Suite 210 Fort Collins,CO 80525 Order Number: 20071532 Page 1 of 2 Commitment—235 W/O Disclosure CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that five constructive notice of matters affecting your title—according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between • the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B — Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B—Section I. or Eliminate with our written consent any Exceptions shown in Schedule B—Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence,which you may have against us concerning the title to the land must be based on this Commitment Order Number: 20071532 Page 2 of 2 Commitrnait-235 WA)Disclosure I COMMITMENT FOR TITLE INSURANCE SCHEDULE A . Effective Date: January 4,2010 at 8:00 a.m. Commitment No. 20071532 Amended C-2-up- dated 2. Policy or Policies To Be Issued: Owner's Policy ( )ALTA(1992)Owner's Policy Amount: ( ) Standard ( ) Extended Premium: Lender's Policy ( )ALTA 1992 Loan Policy Amount: ( )Standard( )Extended Premium: 2"°Lender's Policy 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land is at the effective date hereof vested in: Haley Land Company,LLC,a Colorado Limited Liability Company 5. The land referred to in this Commitment is described as follows. See Attached Legal Description Stewart Title Guaranty Company Commitment—Schedule A Page 1 of 2 Exhibit A LEGAL DESCRIPTION File Number: 20071532 Parcel 1 Lot B,Recorded Exemption No. 1207-19-4-RE1745,being a part of the SE1/4 of Section 19,Township 3 North, Range 68 West of the 6d'P.M., County of Weld,State of Colorado,according to map recorded July 12 1995 at Reception No.2446195. Parcel 2 A part of the E1/2NW1/4 of Section 20,Township 3 North,Range 68 West of the 6t°P.M.,described as follows: Beginning 932 feet South of the Northeast corner;thence South 731 feet to a point where the Mulvaney Ditch enters said tract;thence West 170 feet;thence Northeasterly 800 feet along said ditch to the point of beginning, County of Weld,State of Colorado. Parcel 3 The SW1/4 of Section 20,Township 3 North,Range 68 West of the 6's P.M.,County of Weld,State of Colorado, except that portion conveyed in instrument recorded July 5, 1883 in Book 14 at Page 571 and March 18, 1960 in Book 1553 at Page 500. Parcel 4 NE1/4 of Section 20,Township 3 North,Range 68 West of the 6th P.M.,County of Weld, State of Colorado except that portion conveyed in instrument recorded July 5, 1883 in Book 14 at Page 569. Parcel 5 The W1/2 of the SEl/4 of Section 20,Township 3 North,Range 68 West of the 6th P.M., County of Weld,State of Colorado,except that portion conveyed to the Department of Highways by instrument recorded March 18, 1960 in Book 1553 at Page 500 Parcel 6 Lot B,Corrected Recorded Exemption No. 1207-20-4-RE-671,being a part of the E1/2SE1/4 of Section 20, Township 3 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado, according to map recorded April 20,2001 at Reception No.2842715; SITUATE IN Weld COUNTY For Information Only Property Address: TBD Colorado Stewart Tide Guaranty Company Commitment—Schedule A Page 2 of 2 SCHEDULE B-Section 1 REQUIREMENTS Order Number: 20071532 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b)Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,to wit: 1. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A LATER DATE NOTE: "The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto, once the NAME(S)of the INSURED(S) and the AMOUNT(S)of LIABILITY have been DISCLOSED" STEWART TITLE GUARANTY COMPANY Commitment—Schedule B 1 Page 1 of 1 SCHEDULE B—Section 2 EXCEPTIONS • Order Number: 20071532 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession,not shown by the public records. 2. Easements, or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof,but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;water rights,claims or title to water. 7. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines, telephone lines,water lines,railroads, and rights of way and easements therefor. 8. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 9. Any and all existing rights and usage of Mulvaney Ditch or other ditches that cross subject property. 10.A Condition contained in the United States Patent recorded October 9, 1876 in Book 20, at Page 75, Weld County Records, which states as follows: Yet excluding and excepting from the transfer by these presents "All Mineral Lands", should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the statute, shall not be construed to include"Coal and Iron Land". Stewart Title Guaranty Company Commitment—Schedule B 2 Page 1 of 4 11.An easement for railroad and incidental purposes as reserved in instrument recorded July 28, 1976 in Book 12 at Page 494. 12. Oil and gas lease recorded April 23, 2007 at Reception No. 3470884, and any and all assignments thereof, or interests therein. 13. Terms, conditions, provisions, and stipulations as contained in Surface Use Agreement recorded April 23,2007 at Reception No. 3470885. 14.Notes, restrictions, conditions, covenants, easements and reservations, if any, imposed upon subject property by map recorded July 12, 1995 at Reception No. 2446195. 15. A Condition contained in the United States Patent recorded October 20, 1881 in Book 20, at Page 331, Weld County Records,which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. Oil and gas lease recorded July 27, 1981 in Book 942 at Reception No. 1864482,and any and all assignments thereof,or interests therein. 17.A Condition contained in the United States Patent recorded April 25, 1883 in Book 34, at Page 48 and 49, Weld County Records,which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 18. An easement for electric transmission lines and incidental purposes as granted to Platte River Power Authority by an instrument recorded April 8, 1977 in Book 704 at Reception No. 1715885. 19. Oil and gas lease recorded June 3, 1983 in Book 998 at Reception No. 1929029, and any and all assignments thereof,or interests therein. 20. An easement for pipeline and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded February 10, 1982 in Book 960 at Reception No. 1882644. 21.Any and all interest in oil, gas and other minerals as granted to Haley Land Company, LLC, a Colorado Limited Liability Company by an instrument recorded July 19, 2005 at Reception No. 3304529, and any and all assignments thereof or interests therein. Stewart Tide Guaranty Company Conanitmmt—Schedule B 2 Page 2 of 4 22. A Condition contained in the United States Patent recorded January 2, 1883 in Book 34, at Page 30 and March 24, 1923 in Book 132 at Page 415,Weld County Records,which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 23. An easement for pipeline and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded September 17, 1982 in Book 977 at Reception No. 1904086 24. Oil and gas lease recorded March 20, 1985 in Book 1062 at Reception No. 2002641, and any and all assignments thereof,or interests therein. 25. Terms, conditions, provisions, and stipulations as contained in Temporary Construction Easement Deed recorded March 18, 1996 in Book 1537 at Reception No. 2481200. 26. Terms, conditions, provisions, and stipulations as contained in Easement Deed recorded March 18, 1996 in Book 1537 at Reception No. 2481201. 27.Notes, restrictions, conditions, covenants, easements and reservations, if any, imposed upon subject property by map recorded September 7, 1995 at Reception No. 2454579. 28.A Condition contained in the United States Patent recorded March 4, 1881 in Book 20, at Page 288 and 289, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 29. Terms, conditions, provisions, and stipulations as contained in Agreement recorded March 22, 1906 in Book 232 at Page 357. 30. An easement for pipeline and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded February 10, 1982 in Book 960 at Reception No. 1882644. 31.An easement for leach field and incidental purposes as granted to Edward J Kopitzke and Evelyn R Kopitzke by an instrument recorded January 7, 1986 in Book 1098 at Reception No. 2038185. 32.Notes, restrictions, conditions, covenants, easements and reservations, if any, imposed upon subject property by map recorded April 24,2001 at Reception No. 2842715. Stewart Title Guaranty Company Comndtment—Schedule B 2 Page 3 of 4 33. Grant of Water Pipeline Easement to Longs Peak Water District recorded July 26, 2007 at Reception No. 3492976. 34.Underground Transmission Easement recorded August 8,2008 at Reception No. 3571091. 35. All matters as shown on the recorded Haley Property Land Survey Plat, recorded September 28,2007 at Reception No. 3507543. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities with in subject property: Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under Reception No.2058722. Union Rural Electric Association, Inc. (United Power, Inc.) recorded January 24, 1991 in Book 1288 under Reception No. 2239296. Longs Peak Water Association recorded January 5, 1982 in Book 958 at Reception No. 1878927 and re-recorded January 6, 1982 in Book 958 at Reception No. 1879172 • Stewart Title Guaranty Company Commitment—Schedule B 2 Page 4 014 DISCLOSURE Order No: 20071532 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Order No:20071532 Stewart Title Mineral Disclosure Rev.07/2001 DISCLOSURES Order No.20071532 Pursuant to C.R.S. 10-11-122,notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED INA SPECIAL TAXING DISTRCT; (B) A CERTIFICATE OF TAXES DUE LISTING EACHTAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER,OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1,Paragraph C of Article VII requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."Provided that Stewart Title of Larimer County,Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception number will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,within six months prior to the Date of the Commitment,the requirements to obtain coverage for unrecorded lines will include: disclosure of certain construction information;financial information as to the seller, the builder and/or the contractor,payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.20071532 Stewart Tide Disclosures Rev.10/99 Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act(GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title. We may collect nonpublic personal information about you from the following sources: • Information we receive from you,such as on applications or other forms. • Information about your transactions we secure from our files,or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act(GLBA) generally prohibits any financial institution,directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA,we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you,such as on applications or other forms. • Information about your transactions we secure from our files,or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. I \11° 273 . ' El jejc- 1 b " f J-.i_ •-.- .1 I( t- .,L .l-.. i a., ./ )._(r -• 1 c,'. I� sq. ' . 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'".-21.w...... _ n---,L....,•,1 r -e '� d..u- P 111111111111111111111111111111111111111111111111111111 884 3470884 04/23/2007 04:03P Weld County, CO 1 of 15 R 76.00 0 0.00 Steve Moreno Clerk&Recorder v�s OIL AND GAS LEASE AGREEMENT,made and entered into April 7,2007,by and between Haley Land Company LLC,of 14491 Weld County Rd 5,Longmont CO 80504,party of the first part(hereinafter called"Lessor")and TOP Operating Co.,10881 W Asbury Ave,Ste.230,Lakewood CO 80227,party of the second part(hereinafter called"Lessee"). WITNESSETH,That the Lessor,for and in consideration of ten(10)Dollars cash in hand paid,the receipt of which is hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does rent,demise, lease and let exclusively unto the said Lessee,the(and hereinafter described,with the exclusive right for the purpose of mining exploring by geophysical and other methods,and operating for and producing therefrom oil and all gas of whatsoever nature or kind,with right of way and easement,for laying pipe lines,and erection of structures thereon to produce,save and take care of said products,all that certain tract of land situated in the County of Weld,State of Colorado,described as follows,to wit: Township 3 North,Range 68 West,6N P.M. Section 19:SEA; Section 20:SY2; Less the following tracts: Beginning N08'E 1831.86 feet From SE Comer SEV,of Section 19,thence N08'E 513.20 feet,thence S89°09'W 932.10 feet,thence S57°56'E 112.74 feet,thence$66°41'E 429.93 feet,thence S54°57'E 347.21 feet,thence$65°49'E 171.14 feet to the point of beginning,more particularly described in the Joint Tenancy Warranty Deed recorded in Book 1571 on Page 203 at Reception Number 2515095 in the records of the Weld County Clerk and Recorder(the'HOOPS TRACT)and; Part of the NErSEIA of Section 19 more particularly described in the Joint Tenancy Warranty Deed recorded at Reception Number 3331661 in the records of the Weld County Clerk and Recorder(the'GOLDEN TRACT")and; Part of the NEV.NEVSEY. of Section 19 lying North and East of the GOLDEN TRACT more particularly described in the Special Warranty Deed recorded at Reception Number 2832659 in the records of the Weld County Clerk and Recorder(the"BETTALE TRACT"). Part of the S'/2 of Section 20 more particularly described as Lot A of Recorded Exemption No. 1207-20-4-12E-fi71 according to the map recorded April 10, 1984 in Book 1026 at Reception Number 1962394 in the records of the Weld County Clerk and Recorder(the"S.HALEY TRACT")and; Parts of the SEW of Section 19 and the S/2 of Section 20 more particularly described in the instruments recorded In Book 14 on Page 571,in Book 181 on Pages 76 and 160,in Book 194 on Page 174,in Book 1553 on Page 500 and in Book 587 at Reception Number 1508924(the"MISCELLANEOUS TRACTS'). and containing 441.83 acres,more or less. 1. It is agreed that this lease shall remain in force for a term of three(3)years from this date(hereinafter called the"Primary Term")and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith or drilling operations are continued as hereinafter provided.If,at the expiration of the primary Fenn of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or reworking operations thereon,then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith,and operations shall be considered to be continuously prosecuted if not more than ninety(90)days shall elapse between the completion � 1111111111111111111111111111111 NNE III 11111IIIf1111 3470884 04/23/2007 04:03P Weld County, CO 2 of 15 R 76.00 0 0.0(I Steve Moreno Clerk&Recorder or abandonment of one well and the beginning of operations for the drilling of a subsequent well.If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety(90) days from date of cessation of production or from date of completion of dry hole.If oil or gas shall be discovered and produced at a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith, 2. This is a PAID-UP LEASE.In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to commence or continue any operations during the primary term, Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered, 3, In consideration of the premises the said Lessee covenants and agrees: 1u. To deliver to the credit of Lessor,free of cost,In the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil produced and saved from the leased premises. 2n°. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly, for the gas from each well where gas only is found,while the same is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas. 3g. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth (118)of the proceeds, at the mouth of the well, payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One(1)Dollar per year per net royalty acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of ninety(90)days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in.If such payment or tender is made,it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut in gas royalty herein provided for)shall be paid the said Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use, free of cost, gas, and oil produced on said land for Lessee's operation thereon. 7. When requested by Lessor,Lessee shall bury Lessee's pipe lines below plow depth. 8. No well shall be drilled nearer than two hundred(200)feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11, The right of Lessor and Lessee hereunder may be assigned in whole or part.No change in ownership of Lessor's interest(by assignment or otherwise)shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor,and then only with respect to payments thereafter made.No other kind of 2 1111111 HIP 11111111111111111111111111111111111111 IHI 3470884 04/23/2007 04:03P Weld County, CO 3 of 15 R 76.00 D 0.00 Steve Morena Clerk&Recorder notice,whether actual or constructive,shall be binding on Lessee.No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessor,and all Lessee's operations may be conducted without regard to any such division.If all or any part of this lease is assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is advisable to do so,and irrespective of whether authority similar to this exists with respect to such other land,lease or leases.Likewise,units previously formed to include formations not producing oil or gas, may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit.Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced.Production,drilling or reworking operations or a well shutin for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if at were production, drilling or reworking operations or a well shut in for want of a market under this lease.In lieu of the royalties elsewhere herein specified including shut in gas royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and,from time to time,with like approval,to modify,change or terminate any such plan or agreement,and in such event,the terms,conditions,and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of development or operation and particularly,all drilling and development requirements of this lease,expressed or implied,shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall be terminated or expire during the life of such plan or agreement In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of lands to which it is allocated and not to any other tract of land; and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 13. All express orimplied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders, Rules or Regulations, and this lease shall not be terminated, in whole or in part, nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any such Law, Order, Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the Lessee shall have the right at any time to redeem for Lessor,by payment any mortgages,taxes or other liens on the above described lands, in the event of default of payment by Lessor, and be subrogated to the rights of the holder thereof,and the undersigned Lessors,for themselves and their heirs,successors and assigns, hereby surrender and release all rights of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,as recited herein. 15. Should any one or more of the parties named herein above as Lessor fail to execute this lease,it shall nevertheless be binding upon all such parties who do execute is as Lessor.The word'Lessor,as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee. 3 11111(11111111111111111111 Ell 1111111 11111111 Ell lilt 3470884 04/23/2007 04:03P Weld County, CO 4 of 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder 16. The breach by Lessee of any obligations arising hereunder shall not work a forfeiture or termination of this lease nor cause a termination or reversion of the estate created hereby nor be grounds for cancellation hereof in whole or in part unless Lessor shall notify Lessee in writing of the facts relied upon in claiming a breach hereof, and Lessee,if in default,shall have sixty(60)days after receipt of such notice in which to commence the compliance with the obligations imposed by virtue of this instrument,and if Lessee shall fail to do so then Lessor shall have grounds for action in a court of law or such remedy to which he may feel entitled. 17. It is agreed that this lease shall never be terminated,forfeited,or cancelled for failure to perform in whole or in part any of its implied covenants, conditions or stipulations, until it shall have been first finally judicially determined that such failure exists,and after such final determination,Lessee is given a reasonable time therefrom to comply with any such covenants,conditions,or stipulations. 18. Lessee shall not be liable for delays or defaults in its performance of any agreement or covenant in this Lease due to force majeure.The term"force majeure"shall mean:any act of God including but not limited to storms, floods,washouts,landslides,and lightening;wars,blockades,insurrection or riots;exhaustion or unavailability of any product,labor,service or material.If Lessee by force majeure is prevented from conducting drilling operations,reworking operations,or producing operations,then until such time as such force majeure is terminated and fora period of sixty(60) days after such termination each and every provision of this Lease that might operate to terminate it or the estate conveyed by it shall be suspended and inoperative and this Lease shall continue in full force.The benefits and rights of this force majeure clause shall be available only when the cause claimed is the proximate cause of a delay or failure to perform,and only so long as Lessee is using its best efforts,exercised in good faith,to remedy or eliminate the force majeure. In no case will the existence of a condition of force majeure excuse the performance of any act or duty of Lessee for a period of more than a period of time equal to the Primary Term.Asa condition of Lessee's utilizing the rights granted under this force majeure clause,Lessee shall,within fifteen(15)days of the occurence of such force majeure event,provide Lessor written notice of the claim,outlining the reasonably full particulars of the basis of the force majeure claim. No event of force majeure shall extend this Lease beyond five(5)years from the anniversary date hereof. 19. The operations of Lessee on the leased lands shall be limited to the Oil and Gas Operation Area described on Exhibit A attached hereto. 20. Lessor and Lessee shall execute the Surface Use Agreement attached as Exhibit B hereto. IN WITNESS WHEREOF,this instrument is executed as of the date first above written. LESSOR: HALEY LAND COMPANY,LLC By `I� ohn Ha�leyy � fire: Af o'1 g1 4 c < e Federal Tax IDM2: 84 - (33033.7 4 1ION 11111NII11111111111A111111111111111111111 III 54 of 15 R 763/2007 0 D 0 04:03p S1evWMo ao e, k& Recorder ACKNOWLEDGMENT STATE OF COLORADO COUNTY OF WELD a�t c+t-) The foregoing instrument was acknowledged before me this fl - day of April, 2007, by John R. Haley, M4knice-e. - of HALEY LAND COMPANY LLC,on behalf of such corporation. Witness my hand and official seal. {. Notary Public My commission expireMyCcSssio6 Expires 7-20.2010 icy- / OHO ,� 0Tt .I'PA ` q�1� ``A FSLIC+ go,/ ,,,,•, 5 I lillll 11111!-11II11111(Illl llf l li11111111t11 .�;;J, _ ..,�P .�. -� 3470884 0412312007 04:03P Weld County, CO # - 6 at 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder $.L., e Q' ..,,4 f' g. 1:i. t5r � T I i Es"-4 • • • Z w ii W U W .,> t-. .,...:.`r . r .I I { 7 + *s rr 3 A CO � . '�t fkt a .N, Y L t▪ f a� rM ,wr+ + To o r: I ; II 'LpF jr k▪ �G� rJs. Z )� 4x r{ - • • • 3 'Vc. 1, , I w+.vym,��• Y• �F.' 'ter M1 f r ;n I .a 1 r I r 15." 1 1 rc-v Y • li 1 N + 1 .1 W� �1 1 J f N • 4 i $ '.f 5 t;',4;;;.:,:,),,. .: qI. # i.� r p W + ' j1a,a J 1 1 .{.... i :it pi m W LL r >..I £ 1 J • l e c 1 I EI. +{ r 4 m. N 1(r a ... i..!! ..1-1• I o >4n 9 * # Lo N i 111111111111111111111111 IIII IIII 1111111 III 11111 11111111 3470884 04/23/2007 04:03P Weld County, CO 7 of 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT B to be attached to that certain Oil and Gas Lease between Haley Land Company, LLC and TOP Operating Co., dated April 1 , 2007 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this day of , 2007, by and between TOP Operating Co. ("Operator"), whose address is 10881 W. Asbury Avenue, Suite 230, Lakewood, Colorado 80227, and Haley Land Company, LLC and Susan L. Haley (Haley Land Company, LLC and Susan L. Haley shall be referred to collectively as "Surface Owner"), both with an address of 14491 Weld County Road 5, Longmont, Colorado 80504. RECITALS A. Surface Owner collectively owns the surface estate of that certain tract of land being a portion of the SE/4 of Section 19 and S/2 of Section 20, all in Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado and more specifically described on Schedule 1 attached hereto (hereinafter referred to as the "Property"): 8. Operator is the owner of all of the oil and gas leasehold interest in and under the Property. C. Surface Owner has the right to and plans to develop the surface of the Property. D. Operator currently operates one (1) oil and gas well on the Property ("Existing Well") and may have plans to drill additional wells on the Property in the future ("Future Wells") (collectively, the "Wells"). E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and Operator's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties' successors and assigns. In consideration of the mutual covenants contained herein, including the Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. WELL LOCATIONS AND OPERATIONS AREA a. Surface Owner shall provide Operator the space designated on Exhibit A (the "Oil and Gas Operation Area" or "OGOA") in its present condition for the Wells and for any operations conducted by Operator in connection with the Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions, fracturing and replacement wells. The OGOA is more specifically described as follows: 1 I11111 ling 1111111III'1111111111111111111 IIII IIII 3470884 04/2312007 04:031' Weld County, CO 8 of 15 R 76.00 D 0.01) Steve Moreno Clerk&Recorder A tract of land bounded on the north by a line running 30 feet south of and parallel to the existing irrigation ditch located in the N/2NW/4SW/4 of Section 20, T3N, R68W, 6th P.M.; bounded on the east by a line running 30 feet west of and parallel to the existing concrete lined irrigation ditch in the E/2NW/4SW/4 of said Section 20; bounded on the west by a line running north and south and located 150 feet west of the well bore of TOP Operating Co.'s Haley #1 well in said Section 20; and bounded on the south by a line running east and west and located 150 feet south of said well bore; provided, however, Operator shall be permitted to use the 30 foot wide areas located between the OGOA and :he irrigation ditches to the north and east for temporary access during drilling, completion and maintenance of the Wells. b. The wellhead location of any Future Well shall be within and no closer than 150 feet (150')from the perimeter of the OGOA. c. Except for the space included within the OGOA, and including the access roads and all access and necessary easements associated with Bowlines, gathering lines and pipelines as provided in. this Agreement, Operator shall not occupy the surface of the Property except in the event of an emergency. d. Surface Owner will not locate any building, structure or road within the OGOA without Operator's approval, which approval shall not be unreasonably withheld. 2. PRODUCTION FACILITIES a. Operator shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, treating, storage and measuring facilities and other equipment reasonably appropriate for the operation and production of the Wells ("Production Facilities") only within the OGOA. Compressors, with the exception of wellhead compressors, shall not be located on the Property. b. Any new Production Facilities shall be clustered near the existing Production Facilities as shown on Exhibit A with the minimum required setbacks for such facilities. c. Surface Owner shall have the right to request that Operator relocate all Production Facilities at Surface Owner's sole cost and expense, and Operator shall not refuse such request, so long as such relocation is reasonable from a technical and engineering standpoint and complies with all COGCC and other applicable rules and regulations. d. With respect to Operator's Wells and Production Facilities: Operator shall install and maintain, at its sole cost and expense, all fences around the Wells in compliance with the rules and regulations of the COGCC. The fence material may be upgraded at Surface Owner's option and expense, so long as the upgrade complies with COGCC rules and regulations; ii. Operator shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of the Wells or Production 2 I111111 AlII 11111111011 IIII 11111111111 II!11111 IIII fill 3470884 04123/2007 04:03P Weld County, CO 9 of 15 R 76.00 0 0.00 Steve Moreno Clerk& Recorder Facilities in the OGOAs. Such gates and locks shall be the standard gates and locks used by Operator; iii. Operator shall paint any Production Facilities for any Wells, including wellhead guards, with paint that is approved by the COGCC. The color may be selected by the Surface Owner, provided that any additional cost of using the color is paid by Surface Owner and that it is in compliance with COGCC rules and regulations; and iv. Operator shall keep all Prodution Facilities in a good state of repair. 3. PIPELINES, FLOWLINES AND GATHERING LINES a. Surface Owner hereby grants to Operator non-exclusive easements in the locations shown on Exhibit A to construct, operate, maintain, repair and replace all flowlines, gathering lines and other pipelines (collectively "Pipeline(s)") that may be necessary to Operator's operations on the Property. The Pipeline easements shall be no more than fifty feet (50') during contruction and thirty feet (30') permenantly. b. All Pipelines shall be buried to a depth of 48 inches (48')from the surface. c. The construction and burying of additional Pipelines shall be at the sole cost and expense of Operator or its gas purchaser. d. Surface Owner shall have the right to request that Operator relocate any Pipelines at. Surface Owner's sole cost and expense, and Operator shall not refuse such request, so long as as such relocation is reasonable from a technical and engineering standpoint and complies with all COGCC and other applicable rules and regulations. e. Operator shall abandon any portion of a Pipeline easement that will no longer be used for its operations. If the abandoned portion of the Pipeline easement was granted by way of a recorded easement or right-of-way, such release of the abandoned portion shall also be recorded. 4. ACCESS a. The access routes ("Access") to be used by Operator shall be those routes depicted on Exhibit A. b. Access used by Operator shall be 25 feet (25') in width and Operator shall keep Access maintained in accordance with the rules and regulations of the COGCC. c. Surface Owner shall have the right to relocate or substitute the Access depicted on Exhibit A with a different access route at Surface Owner's sole cost and expense. Such relocated or substituted Access shall be sufficient in scope to allow Operator to conduct the operations contemplated for the Wells and built to withstand the weight of Operator's equipment and vehicles. Operator shall abandon the portions of the Access that will no longer be used as a result of any relocations or substitutions. 3 1111111111111 I l l l l 1111111 I l l l l l l l l i l l l t l l l l 111111111 I I I 470884 04/2312007 04:03P Weld County, CO 0 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder 5. LANDSCAPING Surface Owner shall have the right to install and maintain gravel paths, ground cover, landscaping and watering systems ("Landscaping") in the OGOA and on the Pipeline easements at its own risk and expense. Operator shall not be responsible for any damage to such Landscaping caused by its operations. 6. SETBACKS Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Surface Owner hereby waives its right to object to the location of any of Operator's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time, provided that such facilities are located in accordance with this Agreement. Surface Owner further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of Operator, its successors or assigns, to explore for and produce the oil and gas in accordance with this Agreement. Operator, its successors or assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction. Surface Owner agrees not to object to the use of the surface in the Oil and Gas Operations Areas so long as such use is consistent with this Agreement and Surface Owner will provide Operator, its successors or assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 7. REPRESENTATIONS Each party represents that it has the full right and authority to enter into this Agreement. 8. INDEMNIFICATION Operator agrees to defend, indemnify and hold Surface Owner harmless from any and all third party claims, demands or judgments connected with Operator's use of the Property. 9. SUCCESSORS AND COVENANTS RUN WITH THE LAND This Agreement constitutes covenants running with the land and the terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns. 4 I111(11 BIM 1111111 III!Ell 1111111 III IIIIN III IIII 3470884 04/23/2007 04:03P Weld County, CO 11 of 15 R 76.00 0 0.00 Steve Moreno Clerk&Recorder 10. TERM This Agreement shall become effective when it is fully executed and shall remain in full force and effect until Operator's leasehold estate expires or is terminated, and Operator has plugged and abandoned all Wells owned all or in part by Operator and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. 11. NOTICES Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, with a courtesy copy sent via facsimile or e-mail if immediate action is desired, addressed to each of the following: If to Operator: TOP Operating Co. 10881 W. Asbury Avenue, Suite 230 Lakewood, Colorado 80227 Attention: Rodney K. Herring Fax: (303) 727-9925 If to Surface Owner: Haley Land Company, LLC 14491 Weld County Road 5 Longmont, Colorado 80504 Attention: John R. Haley Fax: (303) 776-3292 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 12. RECORDING A copy of this Agreement shall be recorded in the books and records of the Office of the Clerk and Recorder for the County in which the Property is located. 13. APPLICABLE LAW Unless waived or otherwise stated herein, Operator shall conduct its operations on the Property in accordance with all of the rules and regulations promulgated by the COGCC, as well as all other state and federal laws, rules and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provision. 5 UM 0111 11111 11111 IIII IIII 1111111 MIN III IIII 3470884 04/23/2007 04:03P Weld County, CO 12 of 15 R 76.00 0 0.00 Steve Moreno Clerk&Recorder 14. ENTIRE AGREEMENT This Agreement, which incorporates the Schedule and Exhibit attached hereto and made a part hereof, sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 15. EXECUTION AND COUNTERPARTS This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the date set forth above. 16. SEVERABILITY If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TOP OPERATING CO. Rodney K. Herring Title: HALEY LAND COMPANY, LLC John R. Haley Title: SUSAN L. HALEY 6 I111111111111111111111111111 i111MEN III 111111III IIII 3470884 04/23/2007 04:03P Weld County, CO 13 of 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder STATE OF_ ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by Rodney K. Herring as of TOP Operating Co. on behalf of said company Witness my hand and official seal. My commission expires: Notary Public STATE OF_ ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by John R. Haley as of Haley Land Company, LLC on behalf of said company. Witness my hand and official seal. My commission expires: Notary Public STATE OF_ ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by Susan L. Haley. Witness my hand and official seal. My commission expires: Notary Public 7 11111111111111111111111IIII Ell 1111111��111111�� IIII 3470884 04/2312007 04:03P Weld County, CO 14 of 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder SCHEDULE I Township 3 North,Range 68 West,6th P.M. Section 19:SE'/.; Section 20: S'2; Less the following tracts: Beginning N08'E 1831.86 feet From SE Corner SE'/< of Section 19, thence N08'E 513.20 feet, thence S89°09'W 932.10 feet,thence S57°56'E 112.74 feet,thence S66°41'E 429.93 feet,thence S54°57'E 347.21 feet, thence S65°49'E 171.14 feet to the point of beginning, more particularly described in the Joint Tenancy Warranty Deed recorded in Book 1571 on Page 203 at Reception Number 2515095 in the records of the Weld County Clerk and Recorder(the'HOOPS TRACT")and; Part of the NE'/4SE'/4 of Section 19 more particularly described in the Joint Tenancy Warranty Deed recorded at Reception Number 3331661 in the records of the Weld County Clerk and Recorder(the 'GOLDEN TRACT")and; Part of the NE'/4NE'/4SE'/4 of Section 19 lying North and East of the GOLDEN TRACT more particularly described in the Special Warranty Deed recorded at Reception Number 2832659 in the records of the Weld County Clerk and Recorder(the"BETTALE TRACT')and; Parts of the SE1/4 of Section 19 and the S/2 of Section 20 more particularly described in the instruments recorded in Book 14 on Page 571, in Book 181 on Pages 76 and 160, in Book 194 on Page 174, in Book 1553 on Page 500 and in Book 587 at Reception Number 1508924(the "MISCELLANEOUS TRACTS"). 111111111111111111111111 III Ell ENE Ill1111U Ill lit ••17: d County, CO So 3470884 f 15 R 76.00 070 0.00 Steve P {Moreno Clerk& Recorder krrLL p 2. d'''c,: ii I ' • i1, r'I O II H N it; • i • Uyy j� » c.4 ii h Jlg �� dr a�`h, r +4 rf n . a as' sn' .. .I M '.;:*:_‘;',.4:?!.:.41 h ',..„,,,4 �1/ - N r, A. •I cS a q'ai v.J k,-Kti•Y" f riq ~ 3.e r ; ♦aw y' Fw"ia Y` " �J •_:P. _ bw. �.t.h ff0 5N( tf 1 O It' 3,-llt� v+x ,"0".3"Lm r tc y�lf"h w�f ,. Z i I _ i _ 'firr+ .}>� .& Mi a[ j / rare k ,y<4 !4 ~ *. r� 'y a f CO g f ,I1 x≤:4-. t a 'l ..1;4 a ' 4.".;t:- .si m. $ ! M ts �fi-.F. �f. t l T '!.. W X. I Y� ,�� a , A un' 1 , . �� F3i. - •*. f w F r.j r, a W _i N LL _iI _ I w l 1 Y l fi I. Io N .Y 7 S" Li • • r 1111111111111111111111111111IIII11111111111111111111111 i3 885 3470885 04/23/2007 04:03P Weld County, CO 1 of 11 R 56.00 0 0.00 Steve Moreno Clerk&Recorder SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this 1 day of h pr;I , 2007, by and between TOP Operating Co. ("Operator"), whose address is 108'81 W. Asbury Avenue, Suite 230, Lakewood, Colorado 80227, and Haley Land Company, LLC and Susan L. Haley (Haley Land Company, LLC and Susan L. Haley shall be referred to collectively as "Surface Owner"), both with an address of 14491 Weld County Road 5, Longmont, Colorado 80504. RECITALS A. Surface Owner collectively owns the surface estate of that certain tract of land being a portion of the SE/4 of Section 19 and S/2 of Section 20, all in Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado and more specifically described on Schedule 1 attached hereto (hereinafter referred to as the "Property"): B. Operator is the owner of all of the oil and gas leasehold interest in and under the Property. C. Surface Owner has the right to and plans to develop the surface of the Property. D. Operator currently operates one (1) oil and gas well on the Property ("Existing Well") and may have plans to drill additional wells on the Property in the future ("Future Wells") (collectively, the"Wells"). E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and Operator's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties' successors and assigns. In consideration of the mutual covenants contained herein, including the Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. WELL LOCATIONS AND OPERATIONS AREA a. Surface Owner shall provide Operator the space designated on Exhibit A (the "Oil and Gas Operation Area" or"OGOA") in its present condition for the Wells and for any operations conducted by Operator in connection with the Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions, fracturing and replacement wells. The OGOA is more specifically described as follows: A tract of land bounded on the north by a line running 30 feet south of and parallel to the existing irrigation ditch located in the N/2NW/4SW/4 of Section 20, T3N, R68W, 6th P.M.; bounded on the east by a line running 30 feet west of and parallel to the existing concrete lined irrigation ditch in the E/2NW/4SW/4 of said Section 20; bounded on the 1 11111 1111 IIII En III 11111 IIII IIII 3470885 04/23/2007 04:03P Weld County, CO 2 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder west by a line running north and south and located 150 feet west of the well bore of TOP Operating Co.'s Haley #1 well in said Section 20; and bounded on the south by a line running east and west and located 150 feet south of said well bore; provided, however, Operator shall be permitted to use the 30 foot wide areas located between the OGOA and the irrigation ditches to the north and east for temporary access during drilling, completion and maintenance of the Wells. b. The wellhead location of any Future Well shall be within and no closer than 150 feet (150')from the perimeter of the OGOA. c. Except for the space included within the OGOA, and including the access roads and all access and necessary easements associated with flowlines, gathering lines and pipelines as provided in this Agreement, Operator shall not occupy the surface of the Property except in the event of an emergency. d. Surface Owner will not locate any building, structure or road within the OGOA without Operator's approval, which approval shall not be unreasonably withheld. 2. PRODUCTION FACILITIES a. Operator shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, treating, storage and measuring facilities and other equipment reasonably appropriate for the operation and production of the Wells (Production Facilities") only within the OGOA. Compressors, with the exception of wellhead compressors, shall not be located on the Property. b. Any new Production Facilities shall be clustered near the existing Production Facilities as shown on Exhibit A with the minimum required setbacks for such facilities. c. Surface Owner shall have the right to request that Operator relocate all Production Facilities at Surface Owner's sole cost and expense, and Operator shall not refuse such request, so long as such relocation is reasonable from a technical and engineering standpoint and complies with all COGCC and other applicable rules and regulations. d. With respect to Operator's Wells and Production Facilities: Operator shall install and maintain, at its sole cost and expense, all fences around the Wells in compliance with the rules and regulations of the COGCC. The fence material may be upgraded at Surface Owner's option and expense, so long as the upgrade complies with COGCC rules and regulations; ii. Operator shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of the Wells or Production Facilities in the OGOAs. Such gates and locks shall be the standard gates and locks used by Operator; 2 111111 IIIII IIIII 1111111 till 1111111 III IIIII IIIIIIIl 3470885 04/23/2007 04:031' Weld County, CO 3 of 11 R 56.00 D 0.00 Steve Moreno Clerk&Recorder iii. Operator shall paint any Production Facilities for any Wells, including wellhead guards, with paint that is approved by the COGCC. The color may be selected by the Surface Owner, provided that any additional cost of using the color is paid by Surface Owner and that it is in compliance with COGCC rules and regulations; and iv. Operator shall keep all Prodution Facilities in a good state of repair. 3. PIPELINES, FLOWLINES AND GATHERING LINES a. Surface Owner hereby grants to Operator non-exclusive easements in the locations shown on Exhibit A to construct, operate, maintain, repair and replace all flowlines, gathering lines and other pipelines (collectively "Pipeline(s)") that may be necessary to Operator's operations on the Property. The Pipeline easements shall be no more than fifty feet (50') during contruction and thirty feet (30') permenantly. b. All Pipelines shall be buried to a depth of 48 inches (48') from the surface. c. The construction and burying of additional Pipelines shall be at the sole cost and expense of Operator or its gas purchaser. d. Surface Owner shall have the right to request that Operator relocate any Pipelines at Surface Owner's sole cost and expense, and Operator shall not refuse such request, so long as as such relocation is reasonable from a technical and engineering standpoint and complies with all COGCC and other applicable rules and regulations. e. Operator shall abandon any portion of a Pipeline easement that will no longer be used for its operations. If the abandoned portion of the Pipeline easement was granted by way of a recorded easement or right-of-way, such release of the abandoned portion shall also be recorded. 4. ACCESS a. The access routes ("Access") to be used by Operator shall be those routes depicted on Exhibit A. b. Access used by Operator shall be 25 feet (25') in width and Operator shall keep Access maintained in accordance with the rules and regulations of the COGCC. c. Surface Owner shall have the right to relocate or substitute the Access depicted on Exhibit A with a different access route at Surface Owner's sole cost and expense. Such relocated or substituted Access shall be sufficient in scope to allow Operator to conduct the operations contemplated for the Wells and built to withstand the weight of Operator's equipment and vehicles. Operator shall abandon the portions of the Access that will no longer be used as a result of any relocations or substitutions. 3 I IIIIII!11111IIII IIBIB IIII It 1111111111 IIIR 1111 IIII 3470885 04/23/2007 04:03P Weld County, CO 4 of 11 R 56.00 D 0.00 Steve Moreno Clerk&Recorder 5. LANDSCAPING Surface Owner shall have the right to install and maintain gravel paths, ground cover, landscaping and watering systems ("Landscaping") in the OGOA and on the Pipeline easements at its own risk and expense. Operator shall not be responsible for any damage to such Landscaping caused by its operations. 6. SETBACKS Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Surface Owner hereby waives its right to object to the location of any of Operator's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time, provided that such facilities are located in accordance with this Agreement. Surface Owner further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of Operator, its successors or assigns, to explore for and produce the oil and gas in accordance with this Agreement. Operator, its successors or assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction. Surface Owner agrees not 1:o object to the use of the surface in the Oil and Gas Operations Areas so long as such use is consistent with this Agreement and Surface Owner will provide Operator, its successors or assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 7. REPRESENTATIONS Each party represents that it has the full right and authority to enter into this Agreement. 8. INDEMNIFICATION Operator agrees to defend, indemnify and hold Surface Owner harmless from any and all third party claims, demands or judgments connected with Operator's use of the Property. 9. SUCCESSORS AND COVENANTS RUN WITH THE LAND This Agreement constitutes covenants running with the land and the terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns. 4 I IBM Ell 11111 I lllltl 1111 Ilrl 11111II III VIII IIll till 3470885 04/23/2007 04:03P Weld County, CO 5 of 11 R 56.00 0 0.00 Steve Moreno Clerk&Recorder 10. TERM This Agreement shall become effective when it is fully executed and shall remain in full force and effect until Operator's leasehold estate expires or is terminated, and Operator has plugged and abandoned all Wells owned all or in part by Operator and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. 11. NOTICES Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, with a courtesy copy sent via facsimile or e-mail if immediate action is desired, addressed to each of the following: If to Operator: TOP Operating Co. 10881 W.Asbury Avenue, Suite 230 Lakewood, Colorado 80227 Attention: Rodney K. Herring Fax: (303) 727-9925 If to Surface Owner: Haley Land Company, LLC 14491 Weld County Road 5 Longmont, Colorado 80504 Attention: John R. Haley Fax: (303) 776-3292 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 12. RECORDING A copy of this Agreement shall be recorded in the books and records of the Office of the Clerk and Recorder for the County in which the Property is located. 13. APPLICABLE LAW Unless waived or otherwise stated herein, Operator shall conduct its operations on the Property in accordance with all of the rules and regulations promulgated by the COGCC, as well as all other state and federal laws, rules and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provision. 5 111111111111 IIIII 1111111 IIII IIII 1111111 III IIIII 11111111 3470885 04/23/2007 04:03P Weld County, CO 6 of 11 R 56.00 0 0.(I0 Steve Moreno Clerk$Recorder 14. ENTIRE AGREEMENT This Agreement, which incorporates the Schedule and Exhibit attached hereto and made a part hereof, sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 15. EXECUTION AND COUNTERPARTS This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the date set forth above. 16. SEVERABILITY If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TOP OPERATING CO. .-i Rodney rrin -� Title: ?..e5 " HALEY LAND COMPANY, LLC John R. Haley Title: SUSAN L. HALEY 6 111111111111111111111111111111111111111 I I 111111 I I I!III 3470885 04/23/2007 04:03P Weld County, CO 7 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 14. ENTIRE AGREEMENT This Agreement, which incorporates the Schedule and Exhibit attached hereto and made a part hereof, sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written, This Agreement shall not be amended, except by written document signed by all parties. 15. EXECUTION AND COUNTERPARTS This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the date set forth above. 16. SEVERABILITY If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TOP OPERATING CO. Rodney K. Herring Title: HALEY LAND COMPANY, LLC aHaley � l° r991 Title://at `1.a«P 6. L-L.G SUSAN L. HALEY r / J' f1 104.: lL it-Ltt Cl/� 6 1111111 11111 11111 1111111 RHUMB 1111111 III HI IIII IIII 3470885 04/23/2007 04:03P Weld County, CO 8 of 11 R 56.00 D 0.00 Steve Moreno Clerk&Recorder STATE OF_ ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by Rodney K. Herring as of TOP Operating Co. on behalf of said company Witness my hand and official seal. My commission expires: Notary Public STATE OF_ Ccta, c ' ) ) ss. COUNTY OF ELI— — ) The foregoing instrument was acknowledged before me this 13Th day of }4 t- , 2007, by John R. Haley as MAn1AGr of Haley Land Company, LLC on behalf of said company. �Q� hand and official seal. Y `M_yli .r�i ' n expires:MYCommissionWres7402010 9TFoa GO- STATE SPlj STATE OF_ COLv Pao o ) ) ss. COUNTY OF tJouc•QCP-. ) The foregoing instrument was acknowledged before me this lam day of ftofl-v , 2007, by Susan L. Haley. Witness my hand and official seal. ,0 -a. .::•9 . 44 . s��d_3)y comml ipn expires: 31311 •g 4' I 'tO'r. Icy % • '1.. 1 r ,rvt.*+--1 ./c--t 1$,'. I!) Notary Public 7 111111111111 IIIII 1111111 WIIIII IIIIIII III 11111 MI Illi _. 3470885 04/23/2007 04:03P Weld County, CO 9 of 11 R 56.00 C' 0.00 Steve Moreno Clerk&Recorder STATE OF ) a"°C �/}�- ) ss. CO UNITY OF , J. 2_j14 4—' ) 4 The foregoing instrument was acknowledged>fore me this o?O' ' day of 2007, by Rodney K. Herring asp,, of TOP perating Co. on behalf of said company • ssh'h7s�V•PY L ;;•�;`lh my and and official seal. i 2 rkP My OV ei fission expires: or r/ i11-:0= '•a• /� s-� „ii. yi PV0•GO� ` Notary P lic rh%•`STAlt- STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _, 2007, by John R. Haley as of Haley Land Company, LLC on behalf of said company. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by Susan L. Haley. Witness my hand and official seal. My commission expires: Notary Public 7 HUM IHIII11111111111/IIIIII!1111111�� 111111��/III 3470885 04/23/2007 04:03P Weld County, CO 10 of 11 R 56.00 D 0.00 Steve Moreno Clerk&Recorder SCHEDULE I Township 3 North,Range 68 West,6'h P.M. Section 19:SEA: Section 20: S'/2; Less the following tracts: Beginning N08'E 1631.86 feet From SE Corner SE1/4 of Section 19, thence N08'E 513.20 feet, thence S89°09'W 932.10 feet,thence S57°56'E 112.74 feet,thence S66°41'E 429.93 feet,thence S54°57'E 347.21 feet, thence S65°49'E 171.14 feet to the point of beginning, more particularly described in the Joint Tenancy Warranty Deed recorded in Book 1571 on Page 203 at Reception Number 2515095 in the records of the Weld County Clerk and Recorder(the"HOOPS TRACT")and; Part of the NE'/4SE'/4 of Section 19 more particularly described in the Joint Tenancy Warranty Deed recorded at Reception Number 3331661 in the records of the Weld County Clerk and Recorder(the °GOLDEN TRACT")and; Part of the NE'/4NEVSEY of Section 19 lying North and East of the GOLDEN TRACT more particularly described in the Special Warranty Deed recorded at Reception Number 2832659 in the records of the Weld County Clerk and Recorder(the"BETTALE TRACT")and; Parts of the SE'/4 of Section 19 and the S/2 of Section 20 more particularly described in the instruments recorded in Book 14 on Page 571, in Book 181 on Pages 76 and 160, in Book 194 on Page 174, in Book 1553 on Page 500 and in Book 587 at Reception Number 1508924 (the "MISCELLANEOUS TRACTS'). 111111111111111111111111111111111111111 1111111111111111 3470885 04/23/2007 04:03P Weld County, CO $:'; 11 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder , . 7t I r - •-.� - H F i;. .iv v", �."."y� e =1 till dr ' �{ N i, , ' f { r a �ti b.- 4 -:•''..--r, Fri §. -,',T.:. .�} 3 , ,,, rllI YI.2v"- ¢ , ""; • 4a n i Div' 1 I t 17 lr.ofr�' � X183; 4'2'1 � A i 4`ti v�. �i��• � i. 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L il*-7...: in .Y I ., }^ t. 7--, - at` o .r..a F o H♦ 'n 1,y 1 3 4 /Z/ m411000 WO i '1-€'1..i *ND�AMALIAIPJ::'f1 V NJt�7 V W Pi w...-'S:�'" .4.•...1s. et. 1. 5s SSW.,NUMMI G7iI; �e'1�3 ,--i:;: e. i1 5 . . —�� I s ki Li! 1i E!lLnh!1?b!1 3itdt1liII1J i Alf, y�!.404 ��iec k (1C iei iii rii g 77.7 ctia 7t' 3:��: ; Yill tfF 7!ll ,Iir i iii Gli 6 •Qa •q k' 4 s b;Iifl r Z 'sG�SAli• Yaai I� n jia .,.i• ill;eiA. ,.tte.f 4 i e ;Z ^rr,iv .qi i - t_O cg •.Iil G r4�- taai W �i iii 3. iTi.y`'•' ;i ;i •1 Yi:TEn 1� hi iii.'.?3 L`!iG . A.i n u a r J _ a p . .7 .._.. — 1 , ---1�.: W tr.ill YAiI: I;r - / figs; a 'A.! Ii 't// .. 1 :i ! I. i" rPGp;� OC i /i • ;y1 Eiirr+lG I ''l `• ' Ii? / I .mr 'e ) # / . oY� 7E/:Ili zwt. if 4./ - adgei, 1.---- iii p1�y5 y .:J/ .4GtlL i I c:az s .� / s ..Y .a Yw..:wM. L_ Y y' F - t /4./ a i 1 �•'r�: : Y air/ '!ci-ii's.w : ;i iit:i L__.---.s f�` 1 li F.6 .....ii Pit _ rj.i Iii t Ito ;! •Jthi.j tk e I pi! Lit $r�3 •. 1_e l.gE�-a i° I f 77.77 s 942 IRB:•19R' JUL 8 7 OBI 4O LOOK. . RECIPI'ION MATE..._._ ... TIMF...Q, WARY ANIL FLUEISSTLIUJ, Clod, and RcColorado cordcr,Weld County, 0 ct .M C_ .7-r ORIGINAL t.C:.s' x•. WI OIL AND GAS LEASE- - 4 e,,„..,,.,,. 16th .1.. ,1 July . 81 1.,.,.,:,,.... a:4? 'O a JAMES S. HALEY AS TRUSTEE FOR THE MAXINE JOHNSON HALEY TRUST AS CREATED BY CifA&LCS A§`CI4:- R JOHNSON .4 340 Crestridge Lane. Longmont, Colorado 80501 /4-.4'.' ,_,CALVIN PETROLEUM CORPORATION of 2950 Security Life Building, 9. . Denver, Colorado 80202 P' ' 10.00 A nore „ I„ f .., .70,1; ., Neld _, Colorado tyi,,,, Township 3 North, Range 68 West he..' Section 20: All that part of the E'aNL^a described as follows: Beginning 932' South of -�sE; the Northeast corner of said Section 20; thence South 731' to a point where `r;: ; r., the Mulvaney Ditch enters said .%W.; thence Best 170'; thence Northeasterly .1' , a distance of 800' along said ditch to the point of Leginning. . .7q _ _ _ _ _ ($' 1.75 may ve I. 4 _ ... 411 e. • ... A 4`.4} p".' / PAID-UP LEASE - i'"`..r� 1 1 •tr b...I L' p ' ) IJ i 1) I Y ile 1 (9 •:i. VI' I la ' /l, 1 Ill6$1,CJ 1 , I 1 [ l 4 u.1....!..k"..1.11- 11M. 1. : ll .' Y„ to y!/�P.1.',,,,i,,:,-',..4.� ".+li Tn liarj, ''1.1'31 ' r r{. }�!f ),lh'.tnal'I xai :. `. ,O .'- - s talTE °cS1Wilw.l eiixtlnr•'io,«il8.c' x�•u a..S,l�.� tii11Etu`lau ,' .. I St 1M'. .:Y,•.. -y-off, •-arf 4 S.��'" S.�.t _ •,.':':•••.::.1,;••:::,:;_:''T ." "! Tr �rY• ... H L _ . ;1.�4 I i1. roll f ed ,..4`17.•-t Mali Y•««.1.rIaaa.{..tt d fa.amsl.t-body s..frMsl r..rW.•.aYy wi el.l..dr rowed 6f Ml.fee.v '`, r�.dw -4.•••..1.1••‘.0.p•:,:••,Y..aiay:Imo 'W tr efYwY.N W eposot.,Y,..11tr ..I YM Ird.r `�..n:: ..leddrte.•..a.Ya J'rrAMva. d�wmoir.W r::f. d.r....�1aa M.r«Wr d lwv o 11.110..• wroM.a.4!omit Wn ro oiler tom: I.w.:�..I.r n 1,..1.�:M..aM.-d4nw.►wdmi:r lath's*...r m8.... .adds.d Ls.N.Yai.tY.•m«r II.'dOrr...wlan I A. « !'C • da.aI. .A ir'..a..tt•V rf.; ...w.-I d droop r rMr.d.w Waw'a.d«Ile t nr. l.fY I.r'.1te1 lo d.1 &Oro A. d �ff•',F r.a,�.Y..,Y1I• rNW.J..r hl0.m.11a111 Y'r.Ir1..10 Y.f J:.o rdto .1a�1i/ne.m Y.B 4famAan IMM LIY.Y'oOYIYYute'.F....U�la YYI.. c.cMa. • • aiYNl hew MI al:d..i W Irlln.rlre.wr.p MIwNO«.Y1Y!«` ar 11.IlLtl.Yr11 6r www4�.I IM n,rv.a Inn uar ro M.r u fany.0 '1� • .am!• Mn.-o�o�..th*'Wt..l.6nA d,lo td.too.o.Al/Mra4 a.,.., I.t.. n r.Nwa.hlK►.I.. o....ag to .own moa«:.umdn,y.b1N r aor0 ddrrl'M.o.todt, .deed . ..Aran«/kldc'ra a.�a ratio maA14w:-M.M h I..mists... ...nag M Or ....own moan«I.nu*$..W •.trnal..Yr..n......I.�eYs.nI. .m.a..v.ur.w...s.n..au......r. 1,Hr'o.n.u.d..Now.,nd W.N..a.1 yvt i '..c.MIi rl.r,u d '.rook-.-la Tl-I...�ar Mra«I.Id I.M.I.d...a-.,r.IJ .....'qdI..A a.r..a. ..... « root II orfa rl.r.• .4 ,,, .,;..M '/...r«.d h.potat ar; It r'.o.d1Y.. ,..n d Al.I..a.tool,a,I .. .-. ...dw....•a.A..r.J.k v......r..t f... IWI of o .. 4M..•/«n..h..Y.Iar.Y.r n.r....n'trot d t6 V.... ..de. I...e.+.+a.d .�!•'�..I.d,dy{4 ...M. n toot,of A. M . N .' .a....r 16..dll. ..W «'/........•NM.Mali•not. «nd.d M'..nw d. ' 4•..1.pallor and if t8M Nor N ratwl.d 2-. In7.M III.D.•^`.n tort..N...Y.M.. ...ot.udi row..dr..M....•-•,-.C ray....r.I dolor..+W a.w awdwmw0 do..1......1 M.M nano ',rat. •a. ear N i..o.w}M.rt Pnlayl. _ tii(ry. Z., 1!. ..r a...o. Orm.or,r.pYaWo'4w lottery r le. ...-d...nbM 1 d a k...1'WWII.dr-IMIM'1 1.l.m man d A./ardor •3 yin[i > 'r k.tta YM:.rw.a T4 Wr.'s dull Y...dMI.Y b.6rMnd.vd.A.Wtr« .,W.a.eRM1 A.MN& - v.'�u ►te,f. .17-Irne awl...... l......ff.yyrride6d.....m« W.4.. ►:..b,. :.....4..iw'A''Aetd...M...,d ,.I.w.l t- .• r Itea�.aulaY..IIrI.flr lane d a.N.I.a rrlr«O... ..+r M mr.rd7«I e.. L.Ie;I.I i.d.«.moodan.b.. ,,;s '•' •�.Nt1I.1sfl;1111ltso1 eft t.da.Yp.d....9Y.w. w.......d Wa pay'NO M ,H-' ,�'u ,�c 1 _!1. l . •;�:• s i J • ey evrrus •.< - _....... - _—..�._''.' _.____• Y ..r. •- -toot ,Til.I.D f14-6934ffi7. . toot.. .._. _ ...a,� ACKNOWLEDGMENTS ;: A t'• w lTATR pr l ora o•• _. I„ � n i. . INMT1131...1.,Noah DAM..Sw.6 Italtdr,WM•..1a ' ,r• Ofw err OP .1p• Dl j •:;11 - t.E• ,n 81 ,l r........,t"n.,n,.,..r.n James S. Haley as ; p. Trust:0.4 coo "son_ ::HaleIrt y Try as ry_ 'CI low....I.,Ow..••t•., d.,-rd.d to wed.Mu..e..,..d A.f......a _ • . w'A..d.':nyVaI,A...,I:`.a. VII: 1'. WN he .....non.Mr ._.� ... his fit... .,.,1/...1. r.`Cr`..Fe + A. alr.l:...la. a :, =iii�My.:y,r..._C� <.-Vo.ri-22.C `C oZzI• ••A 1TAT1;AY. ,. ... 1 ••-.Yid I IN1111'II.IMI.,Nlrfa IIa11,.,Gott.Ita1,U,N,1.a,.• S r . ,Tj.. COUNT'Or ... •-•....'-r1.• I. .Y': •11,, . 'I.. O.Ott. .�`V•d .lo •'..4...'tor.I,.,y,W 1I.pp..r.4 •Vet 4:. •' .-1.,..o r, ..n..q,_. .I.,ft...d to and wt..eta,.W.1 Ow l..._.l. _ •t• . •wM+rrnt..t.d .k+..,4 4 M Zi A.. : .-•,....I •d.•,... .,• t...•..I..1.1...1. - c.,.,Y: yy..nd... ' j • N.t.r Patter. qk c V,'T^ f'_ C,1 '' p... • �'-sue. y;z . 1.:"• i as , 1 8 . o :1 a .R I _ __ a 4. �: , LLY Al l — 'rs; e '.G s K. i•' fir . f ' STATr"lit • :`: . I •r •� . i- (Hall. ttAT'r..N..IM Mantra.SouthI taLor.ls•Nra,1r • CI W NTY<it ,1Y' . 1 .•tyI• • i• tr O.WA "i1.r./ m.a. .,r,. .lo......,r Marty NOW. 't:. p-.w.mil l wt...1 ,; ' s. • . Z: k..a+.I,for .w A. f..I••, w..w.”,.N,eniwl.n,wit ken rut...I n_..F..fin.i..,...w ood «Y..-ladwd.w,.d......6 C:rl..:....a..a,l 6..u.,. �',� 14,.,......Woo rp...: _ .{• F,. . Na.ot IYaJ. L:• Or _ ~_:• • -w . •,•• _r1yy{ T: •—••• tf, j 6`.. 'toot X .. ter≤: a • toot... r Kam. 7ryei+:"r- •..a Fm ••t•ra•:. ;•AY_.,.li..,.l.e. .. . 'to t.4,.; . •a''✓•_fl'',r-".'.v.".. .,i.•.: •Xt'R'^,. Tt. .. �....,: I•.'re,A;,,,i VVYA.r•`:'.'. 'i,k: 1 / ',48 nmrrrresv store-n...r.w,....�.rnr,.n..e..a,w ^,w _.- _--_.- °J 17111 UNITED STATES OP AMZAICA, j 'Ti dI ro lytom Iteee 1'reoea fe.tall Cams,OESSTWGI Hometlead Certificate No.../4/::f_.—. ' _: ff lierese,TAer!hasplb-gnittd fn !ne Genera!Land Ogtce of lna I A APPLICATION_..._'(& l(/I �/ r United Males a Certificate of the Rapider of the Land OQlae VI a{..�..Jiovrere/- o (tea vl. ......_. ...._where5y a s tat,pursuant w the Ad of ibafrms approved Iota gay,180*, "TO SECURE HOMESTEADS TO a a oppart nttG fMro1a,!M alarm of dCTUdL SETTLERS ON THE PUBLIC DOMAIN,"and the acts tuPpleme /,.f _ .. . bas been edaMfsMd and duly consummated In conformity _ s.::k...t. C.; i to four,for the_ .._. .....___.__.-•.--_____..._ •�71 •// ra:r1L.111 esrt4 of/../<:,u 47.- -4..v•�n -.is..f n �3 I . (� 9>t/L e fa 3'4,7 'v�i•—:;os-f s,lA !/<..Ti 'G.,.i�o,�1' ot'.' <w/ai ru, ✓ ,,,,‘/•,„,_" •.• I '/ i• I 1'e I 1 • 1 according to the Official lint .f the Survey of the said Land returned to the General Land Office by the Surveyor General: l ! . now Snow Ti, that there is,therefore,ranted by Ow UNITED STATES unto Ow said 1 ' I ,'. �.}ud . 1 Y.t.:.I .._....____. _�__._.__._....____ 1M tract of land above deserlb 4: ,i ii To Hare and to Hold the raid trod of land with the appurtenances thereof,unto the said_ feet c$ • ' ��.RV dI._'� f .. . _. and to _.two . *heirs and asdyas forever: nebdat to any vested and earned miler rightsfor mint erg,agdasilarat,mawfoduring ere other!mrfwses,and rights ` ' to ditches and reservoirs wad in connection with such water rights, as may be madame! and aeknowledfed I ' i , by Ihe local eddying.laws and decision of Courts,and also sodded to as right of the proprietor of a min or lode to extract and remove hi, on therefrom, should Ma same be found to penetrate or intoned minima the ims -. hereby granted,es provided by law. Is Taatlmoay Rhereo4 I, !t`/Gi:4-:�Z:tdvr._._..___...-.. Meal dnt Mitt Ctal ttIra, i hare mused thew letters to be made patent,and the Seat of the General Laud Office to be hereunto affixed. a I Gina under nor hand,at the Qty of ALshinyten,the o Ng day or.,,;.).J.4 ,in the year of ear Lord ono thousand dial r p,'/ hit. hummed and.._ tL4,..,M t .__ and of Sao IMgnndeaa of the United _ I lSmnLl Staler Me one hundred and'��l�/ t./4/i, r r 6 BY THE PBRSIDfNT:—_t,%l_1Sd��.(4/.( 0:ti�Cr il ,ND OFf`` w By =-t ,S Savetary *�a ti XeN L�:',rrw . i k Raoordn W the General Land ODWe• p°I4 ," Ileeonded,,vet. L rub Jefa?_ t. Stied Iar Raved P. ?0-14. day of '2/ , A180,ou //fa%limb L s: � .•aL a e Fn . s.Jy! t 4Y ;ft'''.! G ' •:I'd '. t fM ru-1:-. .Se %.4•!,,,,,r ✓-k 1i',L' :L✓ t4 } .-- 3 t' ^?l-`r•{f ' /♦ 5 it' r }IJ1n +IR. t•it P1+/ . ,, !li • 4�t l 1 }n kw i,�y' ;...�, L r p r T v r C r Jq,. l Is !;.. ? pe / �: + h.4re -it. ff 4 li r ! Y Y A , . . k re+ .1. :. .. ,c.ii•; , r 3.L tfi;. aci 49 sue , Y. • wowIIen.er.rwwr......,r.e.....e....ier,..m.r� Pre!J '� moo _. THE WilTEA STATES OF AMERICA, ; :'=fi •ea an to Nhom these Presents shalt coma,cIIEETAIQIi Li .1411„71 T 'it, sf+" Homestead Certlftcate No...Na.. .' 't. I, .., ..z. X a/•( (�tetTl•Slr Mrs has been deposited in the General Land Office of the s SY' A. Untied.AT30N.._. f/?i. .Ce>e cr whereby i s! United Elates a Certificate of the Register of the land Office M c' • p,. i f ti appears that,pursuant to Me AS of 15rngress approved tOIA May, 1861,"TO SECURE HOMESTEADS TO cif . •and the ads su.5ofemn.fai Menlo.the claim a(__ __ .._.- „ . ACTUAL SETTLERS OX 711E!' 'lIL1C Dil.UdfX; I Ce .27,,,,',6.''fr+/- has been established and duly consummated,In conformity '� y.,'f . .. r: to law,for the_ �-- - r r t vna e` 1 I 1::"::. s I t tI • ' :::: e •1 t,the SuroeV d fM caW Land,rcfterned fe fI o Oenera! land OQIa by MAe 1 , noarrdfng to the Official Bat of t Surveyor OMemLc .. NOW Know Ire, That then Is therefore,granted by the UNITED Iran 11d aunt dthrersaid t ..1•.t.i..r.. ...__..._. .. arfemmen Morsel,unto IM ca .. ' To Nose and to Hold the mid Iraol of Land.with the nppawd/o...} l. .... heirs and assigns forever;guyed tt,. ._ .... M and rights ; '> ti an �. i.�i.r/dam-. .. .. _. w cnUural,manufadurfwg or other purposes. `_ to any vested and accrued caroler rights for mining, gd rd to the dghd of the pr+prfdor of a vein or fade • to ditches and re:engin need in connection with.soh water rights,as may be recognized and aeAnaeirdged by the toast c,estomM,laws and deeidons of p,uria,and aloe suiting to extend and roman his on therefrom. Mould the can be found to mutton or Mimed the prtrases ' hereby (reputed,as Toefded by law. "..T7 a/A1 If1�R tI dL" Rhereot I, ' . T..t l rYs: tM•c•r_.. ...._...... I: In caused these emen7 ;14.--; the General Land Oat to G Aenuw�ta affixed.�- wY; hoes mural frftrn le M GtV'made potent and fM 4a1 dlo..4nst e4't...��-- "'-' Gtnn tester my band,at the City of ilashingfon. sF+£c • .,(ato par of oar Lord on thousand right • .. day of_ \I r � [lc-s ..__.,!Ind of the Indepwdrwrs d Pm United 4 GCNtki Aundrat awd �Y'tfh' ' J• ,i. < .gam+ Stales IAI no Mmdnd a!d ��1 ,� lB.Fe1s.A�r+LI !DENT..-C.?!. .' i • 4w BY THE PR&ti _._-/% w✓ �/.�-----&000da+Y- BY IA'b oFF� f -.lEserrder ef Me Gant Laud`O h �e " li Reeenlnl. trot _ _�- t� frc[•,,r�� J D fRY3,a�a!°oe'•'.R'u 1 £ II -lited Ix Rsoord the --�-�-dry W � ,� s +4 I — +. a . c X ..+ , 1I L 1 yr Mt 1 tr.,', ': /Cy r , U .:1,A w I f h ib4bt' IY♦ e ,-,,e,;,,-,, ' � tl3 CI ) .; fir cc A.,.,, ,t 1277 &Mciftisl 1 .. ,T F.- :, ' 4104+ 1113 er�;v3 •Maxine Haley and James S. Haley, her husband and James S. Haley as ₹ y ` Trustee of Maxine Haley Trust r 8 , hereinafter called first party, in consideration of $ 3.280 !19__� and other ,i. b. � ) good and valuable consideration, paid by PLATTE RIVER POWER AUTHORITY, a political Y-c;K I,- subdivision of the State of 'Colorado, hereinafter called second party, the re- 'F� ceipt and sufficiency of which whereof is hereby acknowledged, hereby grants to Y tf\ CO second party a perpetual and exclusive easement and right of way to construct, ri operate, maintain, repair, reconstruct, replace, inspect and remove, at any time : :,I C ~-f and from time to time, electric transmission lines, consisting of one line of .,: _. ,. '�' r e towers, poles, and/or other structures, wires, and cables, including both under- ;4I o ground and overhead ground wires, for the transmission and distribution of electric ;,t ' a energy and for communication purposes, and all necessary and proper foundations, tt� N in connection with •3-o footings, crossarms and other appliances and fixtures for use t% 9.. ' o said towers, poles, and/or other structures, wires and cables, together with a d, ,l 1,j right of way, on, along and in all of the hereinafter described strip of those st '1 u. en certain lands which are situate in the SW 1/4, Sec. 20, T3N, R68W I County of _ Weld , State of Colorado, and are described as follows: l-I a ,;x . Being an easement over a portion of the Southwest 1/4 of Section 20, 1 .�,` Township 3 North, Range 68 West of the 6th Principal Meridian, Weld fv d County, Colorado, described as follows: The Westerly 78.5 feet of the Southwest 1/4 of said,Section 20 tij') EXCEPTING therefrom the Westerly 30 feet thereof and that portion &i :.t conveyed to the State of Colorado and recorded in Book 1553, Page 500. Ir tri-i ,} First party further grants to second party: 1 (a) the right of ingress to and egress from said-strip over and across said lands of the first party by means of roads and lanes thereon. if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to first party:..provided that such right of , ingress and egress shall not extend to any portion of said lands which is iso- 2 lated from said strip by any public road or highway now crossing or - • r' r r 9 ti r 1 I 4 .. Y �JJ f 2 . i..p; hereafter crossing said lands; provided, further, that if any portion ' f='` of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said strip, said right of ingress and �,•_t;;�4_ egress on said • •. portion shall be confined to such dedicated roads and 4,n; highways, +r,, h`v (b) the right from time to time to trim and to cut down and clear away or � 1 otherwise destroy any and all' trees and brush now or hereafter on said • i.S`. strip and to trim and to cut down and clear away any trees on either If-- side of said strip which now or hereafter in the opinion of second party •'!• ''y and/or other structures, wires or • • �„Y may be a hazard to said towers, poles ; cables, by reason of the danger of falling thereon, or may interfere ,.••),�lzf with the exercise of secondparty's rights hereunder; provided, however, ‘ f that all trees which second party is herebyauthorized to cut and remove, P-". if valuable for timber or wood, shall continue to be the property of :',',4i> first party, but all tops, lops, x brush and refuse wood shall be burned "i or removed by second party; 1`�� (c) the right from time to time to enlarge, improve, reconstruct, relocate t }xi,; and replace any poles, towers or structures constructed hereunder with • t< ,•�F. ' , . i any other number or type of poles or towers or structures either in • r1. ii O„•d-Zy the original location or at any alternate location or locations within };n. i.,r. said strip; • il 3, '. (d) the right to install, maintain and use gates in all fences which now d ei cross or shall hereafter cross said strip; • ''',2''' (e) the right to mark the location of said strip by suitable markers set in the ground; provided that said markers shall be placed in fences or .. ' other locations which will not interfere with any reasonable use first •:: party shall make of said strip. ` /.. , 1, ` 't, Second party hereby covenants and agrees: ;.,1'; (a) second party shall not fence said strip; •. tc , (b) second party shall promptly backfill any excavations made by-it on said strip and repair any damage it shall do to first party's private roads +Xn; or lanes on said lands; _ • I'S T 1 1 n 1 1 1 r ' e t :4,.. -":" 1 4,1 4' r I ‘t,d1.., Z .$ i / , .l 4 yl' \,1 ,+ 3 , •. 1 � .It . 1 � a”i.1 5F)-'zi .l , 1 -- I which shall be caused by the exercise of said ingress and egress or by A't any wrongful or negligent act or omission of.second party or of its -5+ ager•ts or employees in the course of their employment. .,..a is' First party reserves the right to use said strip for purposes which will not. T+'. r 1 t, interfere with second party's full enjoyment of the rights hereby granted: 'l provided that first party shall not:• ;?}?, (a) erect or construct any building or other structure, or drill r operate � ; any well, or construct any reservoir or ot'r,er,dds trection., or add to,.fia ground level in said strip; provided that first party maythe install fences ,' ' /14 and underground pipelines with the written consent of second party, which ,> k ; consent shall not be unreasonably withheld; debris, or 4a r' (b) deposit, or permit or allow to be deposited, earth, rubbish, '+? any other substance or material, whether combustible or noncombustible, k5s�. r� ,t'.. iii on said strip, or so near thereto as to constitute, in the opinion of g,, 4, second oarty, a hazard to said towers, poles, and/or other structures, - N(1 r, wires or cables; �1 4 under, or over said strip without }£ (c) grant any easemen'c or easements on, ±;l$ the written consent of second party. �s, Elr': IP The provisions hereof shall inure to the benefit of and bind the successors aand )I �3 and all covenants shall apply assigns of the respective parties hereto, i+,_ run with the land. 4 4 IN WITNESS WHEREOF first party has executed these presents this !L t.i`` day of — 19J1 ., Y' n Haley j v; VI rr' STATE OF COLORADO) ss — a . Haley as T stee for Maxine v .`5 COUNTY O_F L FI fi , Haley Tr st P. bu-.1..t!:..0, k day of a ?J i } d nstrument was acknowledged before me this�' T�fi °O �Q`�„ 19 , by Maxine Haley and James aTey, her husband [ a • a eY as rustee o Maxine Haley Trust i 'ATabe q nand official seal: Notary Public ~ �; ri Jar •Stf,VQ, ."7i.ucllJ S- i 9 >� ;,.., My commission expires L a,• 7p r . 1"n iy .) ',T;,',)' e , ',' , f- . i 1i •- r ,,,,7—i' .• L : rr A '''')-0--;*�l,f 1✓ "J t ! A i11:.� ; —Yy F:. r_.-..--- '.-- r'"«'1—,• ..r5�`.T'. 'r!--!'_a' . -4- 4 .,,r: N , � r }( v. 8 0998 REC 01929029 06/03/83 00:40 $6.00 1/002 i 1 --r AH192902'1 F 1000 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO CORRECTION OF DESCRIPTION IN OIL AND GAS LEASE 4." " ++ WHEREAS, under date of March 14 . 19 80 , a certain oil and gas mining lease was executed by Maxine Johnson Haley, and James , ., ' - ; ti`r S. Haley as Trustee for the Maxine Johnson Haley Trust as created by ; _ Charles Johnson , as lessor 5 unto Calvin Petroleum Corporation , as lessee_ ' Noce which lease is recorded in Book 904 , at Page 1825902 , of the _ records of Weld County. Colorado, and which lease covered certain lands situate in said Weld County, Colorado, ° . --.- described therein as follows, to- it• Township 3 North, P.ange 68 West: .� Section 20: S5is LESSparcels excluded by le following instruments: Book 14, Page 571 r _ Book 181, Pages 76 and 160; Book 194, Page 174; Ba.k 1553. Page 500; Book 587, Reef 1508924. ✓ Section 19: Part of the 5E1/4 know as Parcel "B" as recorded in Book 690, Rea 1612474 J e r , dated May 2, 1973, Weld County Records. AY1 c s: Section 19: Part of the SEk known as Parcel "A" as recorded in Book 690, Reef 1612474 dated May 2, 1973, Weld County Records. •' . rt... of Sections 19 and 20 , Township 3 North , Range 68 West 4.;., AND WHEREAS said description is incomplete and indefinite, and the € lands intended to be covered by said lease, and situate in said County . Township 3 North, Range and State, are more accurately described as follows, to-wit: P 68 West: Section 20: Sy LESS parcels excluded by the following instruments: Book a u 181. Pages 76 and 160: Book 194, Page 174; Book 1553, Page 500; Book 587, Reel' 1508924. I -•.,' Section 19: Part of the SEy known as Parcel "B" as recorded in Book 690, Rec. 1612474 • ,` dated May 2, 1973, Weld County Records. Section 19: Part of the SE4 known as Parcel "A" as recorded in Book 690, Reef 1612474, dated May 2, 1973, Weld County Records. Y-1 .. of Sections 19 and 20 , Township 3 North Range 63 West , and `' containing 445.298 acres, more or less, it being the intent and purpose of the lessor to include in such lease all the lands owned by• ,,_ the said lessor which adjoin the lands last above mentioned or which ,;4i lie in the section or sections herein last above specified. . ,l t._ AND WHEREAS the undersigned are the owners of interests in the lands _ last above described, or in the minerals therein and thereunder, which interests are affected by said lease. _ NOW, THEREFORE, in consideration of ONE DOLLAR ($1.00), cash in hand !,-.f.;—', paid by CALVIN PETROLEUM CORPORATION unto each of us, the receipt whereof Is + ,? acknowledged, good and for the -, r' hereby and other and valuable considerations, purpose of making said lease definite and certain in respect to the identity of the lands intended to be covered thereby, we do hereby acknowledge that it was the intention of the lessor in the aforesaid lease to lease for oil .r and gas mining purposes all of the lands last above described; and we hereby amend said lease in respect to the description of the lands included therein. •^ and ratify and adopt the same at so amended, hereby waiving and releasing all rights of homestead and dower for the purposes of this instrument. ; , A.D. 19 43 WITNESS our an�Q./steals this ') day of zS-� r- Li1lur e i. .:..r /.4 e,y (\ `�fcl•D!)/j,/st S,u,..GC! 9.` / ` S S. Haley / Raxine Johnson Haley �d/,,\ _ SSS: 524-48-5860 Trz IO/: 84-6034981 • v 0 r. + ^. •.. t " , 4M t ire Z ,. .y� e r 17e . l..-r .Y -e�b 4 awn -L 1.-T. i I '1 r r.U.e.a. D 0999 HEG 0'929029 06/OS/CL 08.40 th.41n CO,pCO ` t-- Colorado F 1091 MARY ANN FEUERSTEIN CLERK A itECORDER WELD O CO 9- r1q. 41 1 SS, 19DIt70UAL ACKNgIfLF,Dftl(\T '111:41nrti r" • COUNTY OF 4:1.6-....,-4.42,1-../ ) a •'-.4:‘-:1,-1.,i � 7a k n �t-: 1.�_ 1,r r Ie r• _, rn Sri, a Notary Public in and for said County and State. r » ` do hereby certify that Parke Johnson HaTey an. rTames S. Halepersonally,to me personally known, 1 sad known to■s I bi$a°pros peraonj_desvibed in and who executed the(ongoing instrument,appeared before me this • I ,,,..' day Is person," +d'ied to me that;.S.hey__exeeated and delivered the same as the Sr free and voluntary eel and dead (ace tes and consideration therein expressed. including the relinquishment of dower and home to l , .N etICApititS{{''a s �'el and official seal this -?Sttday of (2r _, lab?• rn +t .t _� 1 Y VIE Id' "'Notary Public in an or.sad County and tit t< vi flab •yy'nu are residing at i�/J �-- -' OrCOtQ / s.�'" - 1•,: �"ny case/ e t s ^.�,r STATE OF _ ) ' DIVIOUAL ACi;NOtt LEOGt1EVT I SS. p'is 1-F- COUNTY OF ___. I ,% A r i I. . a Notary Public in and far said County.and State. ` > J do hereby certify that •to me personally known, r;, t. t�, and known to me to be the same per°on_dnscribed in and who executed the foregoing instrument,appeased before me this t;h i day in person and acknowledged to me that_he executed and deli d the same as free ad•I velum r, act �- r r: and deed,for the uses, purpose•and consideration therein cap d• including the relinquishmeni of dower and hnm t t $P,,, r:; Given under my hand and official seal this day of , 19 . ,r u r L.-. Illy Commission Espiren: Notary Public in and far said County and State. } residing at a7 STATE OF ) INDIVIDUAL ACKNOWLEDGMENT ,O- h COUNTY OF __ ) s' r I, _•a Notary Public in and for said County and State. z ' do hereby certify that •to me personally Incr.'', -- and knows to me to be the same person_de°cribed in end who esecated the foregoing instrument,appeared before me this -= ,S' v day is person and acknowledged to me that_he_executed and delivered the same a free and volum.n act and deed,for the ages,purposes and consideration therein expressed,including the relinquishment of dower and homestead '4� 2i ii.:. Given under my hand and official seal this day of _. 19_. ii Ill Commission Ea rsa: �S' y P Notary Public in and la said County ante residing at ° p 1 31c U t a rb i- . ,w ' I II ag S Y 14 } E IQ a •yb i! ci! i IO o� � I I° 8 � ; I - I I I Iiipiil C ' l j i t I o i • ! I i A �,,,, ( j . I a ' t ^ J • _ • . t I I , . I a. 01 a a 1 ' t•.",;.2::-'...", M I • .� e I M (a r o • Ii GJ ! O' i d rr- O S w ^ _ _ ; • r' Z er a a at m • . ' - `-_-- . ,.... 5 • L 7.0 AR1882644 D 0960 REC 01002644 02/10/02 10: 10 $9.00 1/003 �P' MARY ANN FEUERSTEIN, CLERK. & RECORDER, WELD COUNTY, CO COLORADO r.rs Right-of-Way Grant • KNOW ALI. MEN BY TIIPSE I'IUcSEN'IS, that James S. Haley, as Trustee of Maxine Haley's Trust and Maxine Johnson Haley, Individually of the Post Office of_Longmont_- , in the state of Colorado hereinafter referred to as "Grantor" (whether one or morel, in consideration of One Dollar($1.00), to him I , in hand paid,receipt of which in hereby net now ledgcd, aid the further consideration of $_25_OO—per linear rod,to he paid before the first pipe line hereinafter specified is laid does hereby grant and convey unto PANHANDLE EASTERN PIPE I.h\E COMPANY, n Delaware Corporution, having an office in Kansas City, Missouri, its successors and nssigns, hereinafter referred to us"Grantee," n Right-ofE 'B> iJty lay, construct, maintain, lower,inspect,repair,replace,relocate, change the size of, operate, and remove X pipe ili'I S XdiX)fCENrX 0XXXS)0001XXd{F(OhlfXxNXIAYIKKXXXAKabd 4 drips,pipe lino markers,valves, launchers,receivers,cathodic equipment, test lends, nod all nptnutauaces couve,,lent for the maintenance and operation of said liney'nnd'fdd the. transportation of oil, gas, or other substances therein, tinder, on,over and through the premises hereafter described, aid the Crnntee is granted the right of in gross and egress, to,on, from and over din following descr ibod premises for the purposes aforementioned in the.County of Weld _ in the State of Colorado,to-wit: The Northeast Quarter of Section 2O, Township 3 North, Range 68 West of the 6th P.M., and the South Half of Section 20, Township 3 North, Range 68 West of the 6th P.M., except the right-of-way conveyed by Deed recorded in Book 14, Page 571 and the right-of-way described in instrument recorded in Book 232, Page 357; and except parcels of land as conveyed by deeds recorded in Book 181, Page 76; Book 181, Page 160; Book 194, Page 174; and in Book 1553, Page 5OO, Weld County Records. • TO HAVE AND 'ID 1101,1) mild ensentents,rights,and right-of-way unto the said PANHANDLE'EASTERN PIPE LINE COMPANY, its successors and assigns. XXXXXIXANXV( MAXOAKMz)N(w1 NXX4XOH(xNXXXXOXXIXXXXXXXXXXXXXXXXXI MOGO xdMXIXW XSO(JfXrxxa X4i -XXNXXX%XXXX. Grdnleo Yo hove the right to Select anti change the routes of all pipe lines herein aulhotizod,to ho laid under, upon, prvwe�r yqnu Wthroy lyy`ho above described premises. All pipe installed hereunder shall be bdried a'mini- mma,of XNXI>j•XX'X)iuCllett?T?a"ngo,,7ftdll not construct or pine..ytiing over or so close to any pipe Ih,e or other facility of Grantee as will bo likely to Interfere with Grantee's surveillance of or access thereto by use of equipment or moans customarily employed in the survoillniice of or maintenance of pipe lines nor Intentionally mono the original coyer over nay pipe hod to be reduced below,whichever is the greater of a minimum cover of two(2)feet or below the mini- mum cover required at any thine by'dny applicable pipe line safety code. All damage to growing crops,dmhinge tile and fences of Grauer occasioned by the construction or repair of any of the facilities herein authorized to be Indio- mined and operated by Greaee shall be paid by Grantee after the damage Is done,sold damage, if trot moonily agreed upon, to be ascertained and dotorinlacd by three disinterested persons,one to be appointed by the Grantor, ono to be appointed by the Grantee,and the third to be chosen by the two so nppointed.Thu written award of stick three persons shall be final and conclusive. See EXHIBIT A attached hereto and by reference incorporated herein for all purposes. James S. Haley, as Trustee of Maxine Poynw of nil moneys becoming due hereunder miry lie paid to a c . Haley Trust at 340 Crestridge Lane, Longmont, Colorado 80501 This Grant shall be binding upon the heirs, executors, administrators, successors, and nssigns of the parties hereto, nod all rights heroin granted, or any of client separately, may he re loosed or assigned in whole or in part. it is understood that this Grant Cannot be changed in any way except in writing,signed by the Grantor and n duly authorized ngent of the Grantee. This instrument prepared by. W L. Robertson P. O. fox 1348, Kansas City, Missouri 64141. PANHANDLE:EASTERN PIPE LINE COMPANY, also having a legal address.of P, 0. Box 127, Brighton, 'Colorado 80601. IN WITNESS WHEREOF the Grantors hove hereunto set their hands end sepia this _.20 day of `'71sT 4^-6-6;_— , A.1)., t9 cfs/ James`S. Haley, Trustee of Max .e Haley's lihusGc t - - ax n Jo man Haley •.. Al Sloan TrrMVMer— ' ALL'BLACKOUTS, AbgITIONtS. AN"r C,antAt�JGe R 0960 REC 0106;644 02/10/02 i0:113 89,00 2/003 MARY ANN FEUERSTEIN, CLERK A RECORDER, WELD COUNTY, CO ACKNOWLEDGMENT FOR HUSBAND &NI) WIFF. STATE UI'COLORADO ) s9. • ) COUNTY OF ) 19_, The foregoing instrument was acknowledged before me this ,day of by and _--. husband nod wife. NOTARY FROLIC My Can naRadon expires: • ACKNOWLEDGMENT FOR INDIVIDUAL STA'T'E OF COLORADO 1 • BS. . ' DOI�LO COUNTY OIER —) CIO IQ November 19.1., The foregoing instrument was acknowledged before me this, day of . by Maxine Johnson Haley • I,iax/ , ) • � /� µ..,',.$......, f .t, �',L /Fe1 5'1` (.tom' It �,,... NOTARY E IC `Lq'fAR) ii l,ti` _.�,�� Address. -.Cis- Jr i• by+Ce bRin3' pRinree 1 ( wpm--llerni, CO YO U) lr , n r`.1 ,U �` •r'y y ACKNOWLEDGMENT FOR PIIIIIIIIIIKINICI TRUST STATE OF COLORADO 1 se. COUNTY OF BOULDER ) / The foregoing Instrument ic 'ns acknowlodge4 before me this O4 .day of_ November l:$1—; by lane _5. Haley Tr ict P of htexina Hal ruts ,Trutt ' —,I4 .at- • a sry,swltto*T •bokaU-OfAk.cagwsoWers �y7 /. /� �? co . ' s.l Il;dl `(.. .e ci ae0 /,e/fC�c-.Liv�- NOTARY NLIC 41- ' L TA Rik• t•-A•••• - ••. ,4-.1.26' .-V Address: �S//�/-f /124 lh/r� L t— hly.(Sur`0{�O'+'^Cvr�.d.'.:.. 2 n rat[ CC) d°0'.!'T/ Mt* �K oa O-Od- "�i�it'' �' . N 4. \� \G.' O 4-4T: ....r C I Y 9 WX z °o 0 ne o. 0 v t a 9 a a0 1 M 0 e I o V u e a N c w i -a 1 1 ye, N 5 s .2 c• y t0 e(1 I�R• a a a Am I V? la 0 • T. M (J(J al — P, O 03 ' w p v V U I r ~ Z G . v a ° n L0,0 1 IA W ORE'' G = E - U• es< tn. a O L N LA < N—L�.. � a a . m ed W • 'T3 0 O 2 . h 0 O O .a w } .l z '. Z e " S z . D 0960 REC 01882644 02/10/82 10: 18 39.00 3/003 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO EXHIBIT A TO RIGHT-OF-WAY GRANT GRANTOR: James S. Haley, as Trustee of Maxine Haley's Trust GRANTEE: Panhandle Eastern Pipe Line Company, a Delaware Corporation Grantee agrees that should a crop deficiency occur as a result of the construction of said pipe line, the Grantee will pay such deficiency each year it exists for a period not to exceed three (3) years, commencing with 401 the crop of 1988; provided, however, Grantors or their tenant notifies Grantee in writing, at the local field office, at least fourteen (14) days prior to harvesting said crop in order that Grantee's agent may view said crop deficiency. As further consideration for the execution of this Grant, Grantee shall compact backfill over the ditch by water packing same, provided, however, Grantor or its tenant will supply water in ditch at a point designated by Grantee, its contractor or agents, to water pack said ditch line. Grantor to have the right to construct and maintain utilities, sidewalks, and driveways, which may be installed at approximate right angles to the pipe line herein authorized, provided, however, that all utilities cross under said pipe line. 529 111111111111111111111111 III 111111111111111 111111111I III 3334529 01119/2005 04:41P Weld County,CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder QUITCLAIM DEED MAXINE J.HALEY,a/k/a MAXINE JOHNSON HALEY,Individually and JOHN R.HALEY,as Trustee of the MAXINE HALEY TRUST,whose address is:340 Crestridge Lane,Longmont,County of Boulder and State of Colorado 80501. for the consideration of LESS THAN FIVE HUNDRED AND NO/100(S 500.00)Dollars,in hand paid, hereby sells and quit claims to HALEY LAND COMPANY LLC whose address is:do John R.Haley,14491 Weld County Road 5,Longmont.County of Boulder,State of Colorado,80504 the following real property,in the County of WELD, and Stare of Colorado,to wit: ANY AND ALL INTERESTS GRANTOR MAY HAVE IN OIL,GAS AND MINERAL RIGHTS IN,ON,UNDER,OR TO: Section 2,Township I North,Range 68 West of the 6th P.M. Section 27,Township 2 North,Range 68 West of the 6th P.M. Sections 19 and 20,Township 3 North,Range 68 West of the 6a P.M. All in the County of Weld,State of Colorado. AND:any and all other oil,gas and mineral rights,if any,owned by Grantor in Weld County, Colorado. also known as street re and number N/A,with all itc appurtenances. Signed this 12'day of July,2005 9(hr e J PoA ax a J.Haley,a/k/a me Johnson Haley,Individually MAXINE HALEY TRUST John .Haley,Trustee STATE OF COLORADO ) ss COUNTY OF BOULDER The fa;..• •:. ,, ant was acknowledged before me this le day of July,2005,by Maxine J.Haley,a/k/a Maxine Jo :..: : .P•C r"•.}wally. MESS inx hAnd7n,official seal. n k9OH YD it//62 10 2. /0(AAA-e• C m1er15S..erp•- . Qp Notary Pu lie .gJFOF CD.O STATE OF COLORADO ) as COUNTY OF BOULDER The foregoing instrument was acknowledged before me this/a day of July,2005,by John R.Haley,Trustee of the Maxine Haley Tryst WI Y d and official seal. ma �,p� inusiui7+2LD� /t l i d ew J. • Y� No err 1 I t1YB 1114 DEED to aDliatao&CACn Maine Haley TRUST and Marine IM WEID County 01-21Lldoo y�R�Tzs j ilk�r `yi*..• /...<1........-a-.< woe r.�..u�.✓-e.<re a i_.- Y..< Lv.. _ d ' - e?!ls, �c �„�rs .s ..a 19<c day f a...4 a.57.:/at a. _ 4 °_ ;;;.t.; 'CI rr�. • ^N n3 F' E4�'R`aF ,,yy .rga.lA..".....-...e_690."7"zs-rrra ...s z•r. e�. ..a..'0 to o ' Cr? liiT ,; 9l.Iasf�'rr./ . l.--'- �p � 1-......c..661— •c.w aCE rrurr. 7 �Guar..+:c . Y --.I..eta-,. P.. %Ta..c..6j---<.7 @....L..-v. ✓7 Ala....,.,,..._.. ?!a/r a ere--. 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GaX4Lr V P�•Jc--.te e -• r _�5 :. „v'StS w. .2-A53�G/f w.t �. —_ ' �"a`+-a t,.it'.' Y5 ,fir ✓ D 0977 REC 01904086 09/17/82 12:25 i:6-00 1/002 T �3 F 2366 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO COLORADO AR2904086 Right-of-Way Grant KNOW ALL MEN BY THESE PRESENTS,that James S. Haley, as Trustee of Maxine Haley's Trust and Maxine Johnson Haley, individually of the Post Office of Longmont in the State of Colorado hereinafter referred to as"Grantor"(whether one or mare),in consideration of Ten Dollars(910.00)and other good and valuable considerations,to Grantor in hand paid,receipt of which is hereby acknowledged,hereby grant and convey unto PANHANDLE EASTERN PIPELINE COMPANY,A Delaware Corporation,having an office at 696 North 7th Ave,:Brighton,Colorado,80601 its successors and assigns,hereafter referred to as "Grantee,"a Right-of-Way to lay,construct,maintain,lower,inspect,repair,replace,relocate,'change the size of, operate,-find remove a pipe line together with the rights for drips,pipe line markers,valves,launchers,receivers, cathodic equipment,test leads,end all appurtenances convenient for the maintenance and operation of said line and for the transportation of oil,gas or other substances therein,under,on,over and through the premises hereafter described,and the Grantee is granted the right of ingress and egress,to,on,from and over the following described premises for the purposes aforementioned in the County of We l d in the State of Colorado,to-wit: The Northeast Quarter of Section 20, Township 3 North, Range 68 West of the 6th P.M., except the right-of-way. as conveyed by deed recorded in Book 14, page 569, Weld County Records. As further consideration for the execution of this Grant, Grantee shall compact backfill over the ditch by water packing same, provided, however, Grantor or its tenant will supply water in ditch at a point designated by Grantee, its contractor or agents, to water pack said ditch line. Grantor to have the right to construct and maintain utilities, sidewalks and driveways which may be installed at approximate right angles to the pipeline herein authorized, provided, however, that all utilities cross under said pipeline. TO HAVE AND TO HOLD said easements,rights,and Right-of-Way unto the said PANHANDLE EASTERN PIPE LINE COMPANY,its successors and assigns. All pipe installed hereunder shall be buried a minimum of 42 inches .Grantor shall not construct or place anything over or so close to any pipe line or other facility of Grantee as will be likely to interfere with Grantee's surveillance of or access thereto by use of equipment or means customarily,employed in the surveillance of or maintenance of said pipe line nor intentionally cause the original cover over said pipe line to be reduced below whichever is the greater of a minimum cover of thirty(90")inches or below the minimum cover required at any time by any applicable pipe lino safety code.All damage to growing crops,drainage tile and fences of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done.The Right-of-Way granted herein shall be fifty(50')feet in width. Grantee agrees that should a crop deficiency occur as a result of the construction of said pipeline, the Grantee will pay such deficiency each year it exists for a period not to exceed three- (3)-years, commencing with the crop of 1983; provided, however, Grantors or their tenant notifies Grantee in writing, at the local field office, at least four- teen (14) days prior to harvesting said crop in order that Grantee's agent may view said crop deficiency. This Grant shall be binding upon the heirs,executors,administrators,successors,and assigns of the parties hereto,and all rights herein granted,or any of them separately.may be released or assigned in whole or in part.It is understood that this Grant cannot be changed in any way except in writing,signed by the Grantor and a duly authorized agent of the Grantee. IN WITNESS WHEREOF,the Grantors have hereunto set their nd seals this zs,.et day of .Z-ti.-o< n. . ` r w- ,A.D.,19 Jam • eye Trustee of Maxin% aley s Trust a in has Haley fiy- ACKNOWLEDGEMENT FOR HUSBAND AND WIFE STATE OF COLORADO ) ) se. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 25th,day of - August 19 82 Hale/aTrust by James S. Haley, Trustee of Maxine and Maxine Johnson Haley a...... his whet., .'; •' kt `piARY ,v �n4 �u .r.�� “C10 "v"1,if:2',0. I �:ofA .PUBLIC 0 MX� 9 pir®s:_March 5, 1986 401 Main Street, Longmont, CO 80501 N , hr • LI 0 .3 ffr L ACKNOWLEDGEMENT FOR SINGLE PERSON A.- o t u STATE OF COLORADO 1 ci ) ss. ci COUNTY OF ) —u The foregoing instrument was acknowledged before me this ,day of 19 Co CV a by N. 0 N Li NOTARY PUBLIC 00 w My Commission expires: O L 4' O Z P 2 Cr 0 } C W H 'ice-.3 ACKNOWLEDGEMENT FOR CORPORATION u.(0 er C.) ,x,,_ STATE OF COLORADO 1 ) es. ' COUNTY OF 1 - The foregoing instrument was acknowledged before me this ,day of 19 by of 'a corporation,on behalf of the corporation. NOTARY PUBLIC My Commission expires: ri i 'r 5 s 0 9 ! 9 fi r01 al M� d z O ,n ' .' CO a t0 wo. '. C \,. o A , 0. c0 O - c m2 4 c' o a oo. 13 2 i �. "rj Q0.' . H a 4 W W .K n e 1 n m n, r- O ..,r- .r7 ; 8 c u m x +' w < 8 U W a D 7 41 g 'i°' g m o O o $ ; Z `� > a 'o .7-ti v O. w oC ,S I �• o C 4 •m N O F m '3 AR2J02L41 da Prods cara 99.1959 OIL AND GAS LEASE Effective Date of Lase March 1., 19e5 Tilts ACREESIENT.made sad emend tato this dry af__....i•12rfh__....__._.,_.._.___.___,I9..a.5__.by and benern �amr�...5.._trial ex as T.>cus₹ee_fps.xh=.F}axin.erla t nsnn...Trus �g..s>.ea.�.ed_by_G.haz1es.,J-o-hnscn_.... hereinnikY galled lessor (whether one at morel and_CAlv_in„_Pei;oleum_Coxpo�e.a.txona._14.5_.Fi.zs.t.._St..0_.Et._..Lup₹nnan_CO 8062.1......... __...-... ,....._ ._._............. olio!Icace: I. WITNlSSETH:That the honor,for and in oecrldrration of s t.eA an.d_more—__gate In herd paid, receipt of which it hereby acknowledged, end of the covenants•nod egreementc tenninofter contained on the parr a µo term to be paid.kept and performed, has granted,demised,leased nod Ion end by these prevents does¢nuts demise,lease nod lot exclusively unto said knees, with the nacloalve right of mining. rn;orine be geophysical and other methods and operating for and ?rode ing therefrom oil end all gas of whatsoever anion'or kind,end laying pipe lines,lolophune and tclegmph line•.,hooting end boarding ampiotes,banding conks,power stations, gusting plants. ponds,roadways.and structures thereon to Produce,moo,market end tike pore of said products end the exclusive sarface and subsurface right,end prl.ilrgn minted io any onetime,.to any and all ouch operations and soy and all other rights end privileges necessary, incident to, or convenient it: die oonnomlent operation alone or conlointy with nsiehboting land for sash;arposes,all that amain tract or tracts of land eitnnted io the Cooney of_._wgl Stete ol....CC lOrao__„•_,�,••detm"hed as follows,to-wit: B 1062 REC 02002641 03/20/85 14:25 $9.00 1/003 F 0526 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO The Northeast One Quarter (NE}) of Section ...—..ZQ_..__...___...,Toa reship_....._-�3 D�th... ...Rance. f,R iJPe _r_•Lad containing—16f o.mart i teas. �tn1I;11� I°,QI p v h ihered that this Iran.ball oad In farce for a tam Teo, rS N ore continued o cn n(te'at ofn whatsoever If or to s kind,of „;thee oI;hem i produced from mid 4o1 or premises?sold therewith e or drilling von'bate art eon[Ior ii humadcr provided. tf prior to discovery cf 1 acs 00 aid land,or a. is leas pooled th ntrnsin lessee essee emu n dry hole or l drilling µgreen,or if ing eratont of it t y production,01da hereafter, id cease fur any rouse. this lease.hull not nor rest, If ep ment aera dditieaal el an or ,trim mood-paying g de emit neat, days thaeefha, or (if h he within µe prknnry horn t ,me or resumes o the I' ar tender fl tuned a or be(tm the ranmt-iOn of nob ns ae term after the x. nil or c of throe (iin mroduu drum the ask i annd on raid of P edY hole em or but 0:production, d on let<rDira ew.h the primary tt a of tell lathes d or g.Is not being produced so le a ham ad hold raid?sown king premises but near is into ont:nu in dolling ored on said cad or therms then this lees,onnll r opera in force long b de herall os depart or rid Lodz operations are brine lie operatic prhall km oo ro Land or on a dnyUnn or de- loon wornunit toif than if days shall dame between the completion or Irons any such of one well and the beginning air cad or fononns For the drilling the or imution e t f(matins well. If all or ant shall he a discovered tinue i produced arggso Irons hen such well r wells in pro cidg i.the (reworked at or after eke y onhvn of the prim Uri real co t rent this.0.1. shah continue in (pert m long thereafter m oil or Car.r produced From the(rated vnmiscf or from soy once unit which inalytles all car e rx,rl of m,J insole, 3. In cyra.lrmii.n,of the premises the mid It...,000noanta and,atone: (cal To deliver to the credit of bear,.INC of cost In µe limns fine to which lessee soot connect hl,"ellt,µe equal ant eighth part of an on anal saved from the tensed premises,or at the less royalty ton market price for oil of like trnda and d gravity?moiling on the dry noel+ail is ron into µe pipe lino or into storage tusks. IhenlIs) To ply lemfr fnr guts of whatsoever nature or kind produced end sold, or used off the premise. or used In the manufacture of eon. modems mm,me-elgliµ,at µe market price at the well foe the gas sold,vied off the premises,ar in the rnanufactUre of pmoduatt therefrom.Wham gas from Y well pnttlteine bu only is nal raid or used,loom trey POP or tender is royalty Ong Dollar per year per net royalty AM relnined hereunder such payment or tender to he rath•on or halms tine ennlvrrmrt dater of this kung next ensuing after the cofonbon of 90 days from the date loch wed is shut In and lh rocker an ur hclnre the ,u alromary ontr of this mom during the p,'riod such well is shut fn.to the rayaitY mimeo or be the rogerty motel'reedit in the rental dt•pecloy stank herein dnicnalanL If such payment ar lender a made,it will he considered that gas Is berg peodut'td within the meaning of this re 4. 1F operetions for the chilling of a well for oil or goo am net ennrnenwd or If there is no ail or gas beta¢produced on said land or on ocrade pooled therewitl, no hereinufler provided on or before one year from the dine ha,cuf, this hose shall tcnninate se te both poetise, unit. rho lens on or before that date shall pay or Itadrr to the less„of to the ksaor's eccdit in the .. Soak at___._....__...__.._�..._. Lon.gmnnta. .Golorado..,@0501.,___,—. or it, acao0ssors,which thrill continue ex the depository for rental regardless of changes in the (S ..1.60.00 . . which shall operate ar s mental god cover the petalled..el'deferring the menmrcormnnt of oberations Far drilling of a melt lnr Meier,• r, Ins from.,(al AU, In lit, u,n .er and epnn like fno•„w ',a to or hem the commencement of apeman,.for drilling M a writ may he further deterred he like periods 01 II,,•0500•nn,ober..I months tarterwively.An Mylnralf or under,nary be made by cheek or draft u(Iraac or any mienee thereof, mailed or del,•rnnd on ar lama'the rental pitying dale.It Is tordersinnal anal earned out the mnsiderntim first recited herein,the down payment coon not ml the trrieileer grunted lo air her when arid fiat rental is parable on',foreland.loft also the lessee's nitrite of mending that period nionmid.and any mss all ogler rights cc...femd. Simla tar demisting.hank hereafter clove with.. x suceetear. latter or rimy its aw's:ne y Jegtmir rental or royalties in any National honk luc,lad in µe some county with the fast nomad Tank due antics.•of lodh dcposlt to be woikd to lessor at last knows athletes lisped.at its option,is hereby given the right rind power at any time All n, from llmc to time an a recurring right,either before or alter productio as to all or any pert of the land described herein and as le any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease ar leases in µe Immediate vicinity for the production of oil and gas,orseparately for the production of either.when in lessee's Judgment It in neeeasory or advisable to do so,and lnespccllve of whether authority similar to this exists with respect.do such other Lind.lease or leases. Likewise.units previously farmed to Include formations not producing oil or gas.may be rearmed to exclude such son-producing formations The forming or reforming of any unit shall be accompilshed by lessee executing and (fling of record a demoralled'South onlCitation or relorrtertion.which declaration shall describe the unit. Any unit may Include land upon which a well has lhercto- faro'bv,,i'naploleted-ar upon whkh operations for drilling have theretofore been commenced.Production.drilling or reworking operations or a well shut ft•(or•want of a:forget anywhere on n unit whch inciudcv all or in port of this lease shall oe treated as if It were producllor,,drtlling or eptvarktrg oporalions-or a well shut In for went of a market under this tense, In lice of the royalties elsewhere herein speelned,including shut-In gas ro}llllet,hfster,shkrl•receive on production from the will so pooled royalties only on the portion of such production allocated to this lease:such all000i100fkhall•be dial prep0nlon of the uhlt production real µe total number of surface acres covered by th10 lease and Included In the unit bears its the total-number of surtnce seem in such unit, In,tddltlon to to foregoing. lessee shah have µe right co unl6ao,pool, m oohlne all or any apart or lei:here edescrilscd Inds u 10 one ar mare 01 the formations thereunder wilt,other lands In the same general area by entering into a m- _operellw?t unit.plan o,dev.rlopmcnl or operation approved by any.govcmmcniat authority and from time to time.with like aPprovol,to modify, change or eIrM:nnto any sdcl.plan or agreement and.In Guth event the tern..condltione.and provisions of ads ion,:shall be deemed modified to monody,to Nell loans.conditionerand provisions Of such approved eoonerouve or unit plan of development or operation and,pactloalariy.all drilling and den;lopmenl requhsnscbte of l/111 Iaue.express or implied,shall be snflsfled by compliance with the drilling and develobment requirements of • such tdortmtneroetnent.nod this lease shall not terminate or expire during the life of such pL-n or agreement. In the event that sold oboes deStribed lands or any fdrs't•levee!;shall hereafter be operated under any such cooperative or unit plan al development or operation erherdry the production therefrom to nlleeated to different portions of the land eavered by ink(plan.then the production allocated to any particular tract of lane gull,for the purpose,of Commiljn;Ilse royalties to be paid hereunder to lessor,be regarded nr having been produced from the particular tract of land to which It Is allocated and not to any other tract of land; and the royalty payments to be made hereunder to loser shall he booed upon production pair rts:.o allocated. Lessor shall formally e,cpress lames consent to any cooperative or unit plan of deueioptnent or operation adopted by lessee 000 approved by any govemmrot,l agency by executing the same upon request of Leer. 2 Lessee may,01 any lime,nrlr:cta'this icon!its inn rooter,or drabs and ns m port or all a the lad. ,x hove drlbed ohm which all payments nod liehillli4 thrnvrter to reelii,',ii'to hie lump Moved,Mail acme and delerm nn ior. In tle.avr of a?sent(release,the enmaei delay rental•loge m„oO d than be maimed praporaicnlrlr. T. 1.esne•shall Ic n Niel rielill to use.,tins(( gas,elf-and water•produced ox sold lend for its memhm thereon. ascent water from flitches, ponds, unmvim ar wells td lesser. ).linen • ••- ert•n,mud by 010 tome,Iru�v Malk Uory ire plpC Unei on mildewed portions below plow depth, No well shell Inc drilled n,wrer then 200 feel m L a the house or ham now on odd premises.without the wnllcn consent of the lessor. 6_ Levee shall my Inn damage's culled by his operation to growing crops an said hods. Lessee shell hove the eight el nay time to romove off machinry end((eaves plated an cold?ranee.,,netodine the richt to draw and memavr easing. B. If the anak of either party harem is noigned, d theonetime of noimainc In what,'or in part Is espnstl,':dimwitalthough it is agreed that no change or division in menemhiu,s(the lanai. a,lt ar royalties,however eeenmplismd,Mall anemic to enlarge the Alterations or diminish the rights of the lame.. the amnm,tts la•raof shell eauny on their helm.rtisamn, ed,elnism,ors•suen•ssors nnosisms.but no Maces(in the ownership of µe land or essigemcet of nnanis r myaltio alhell ie hiuding nn the lessee until after the!rave hos hem furnished with certified Cooies of muniments of title rkratealag tithe foot l sale,nod it o lignin,ogn,•d in the evtot Mu lo.e shall he usd a „f.nth pan pento Iudl toll ur make defvYlt to the payment of the dprpprrl:vnneert I of th of oe ahe,from him o Lends mou the mimic: ors operate chrc f star Hence dug from him a therm uch Gfaak,hail ant entaof t•, k•(rut , diemOrr errsris lral insofar a it rorso n put r ports of hods no to which µ„assn knee soy assignee tlwmtf shall eke aide r the es tof o :td ne wish'ter •au a!no',, ,ni any s ion mailedawith to main(sevidence hereunder,tlhe may any or d n inch onlofs in the utor ad.n deceased or the tame of the ore be votes thee until s lets,,•It fumnnsl iih Pdoas evWaao:af'toe ten slog h and or devisees o of as hteutor a adminlsmlor of the tyteate. ur If there be more.rhea until hexer 4 Pomuhcl with evidence sstidnetory,to it as to the.tin devisees d the demand. 9. Iwsr„r h•,rhy warrants and amen to dcicnd the tide to µe lends herein described,and agrees tent µe taste shall here the right at nay time to pay foe le ssor, toy wnnu',: than or other Inns lice'ebevesenbcd lends i the evert of defnult of payment by Imam,any be advocated Dr the rights of Ilw holder thrmaf,„cad lessor lurchyy sae.sae.t t.dhat any such payments made by µe lessee for the loser may be deducted from any amounts of money which may become due the lever under Utc lemur of this lease_ 10, If mkt ;rape awns a ten Warerr in the 'short-described food then µr entire and undiwided hr simple estate'herein then the nwaltirr and rearnL herein provided shall lc paid the loam only in proportion which his InIcecst been to µe whole and undivided fan Any Mk-rot in the lsroduelion from the fonds herein d,•nerihad to which the iotacoot hit le.sar may he.whet( 4.1 ue drdurtal fnem red rnrdry hernia reserved. See Exhibit "A" attached hereto.and by reference made a part hereof 11. Loser shall comply with all laws and undertow of any Goveramcntd body purporting to exercise ta,dng authority wet the lords amend by this these On tee porno of tilt lrvor henta and in to.complying lstee-thall act be responsible for dhneemninres the legality,.validity or constitutionality d any such law or reOJatiott enacted'or'loved by any suth Government body. In determining the residence of lector tar purposes of mm eying wish such law,or mrIA.(1on levee may rely upon the uddreu of lower heroin set forth or upon the Jut Worms reddens of lessor.Neither any ens-in the determination of the residence or statue of loser ow an error is the paymcee of any emu of money due ar payable to lessor under the Loans of this lease which b made during the mural of or ne a result of lessee's goof faith offers to soapily with any melt law,or regulation shall eenninata this lease on eanstitute grounds for any muse of anion opine lesseee.All of loose abliousons and Caaemenb henr�ohtdnder.whether acorn (replied.shell bas ti dad at the me or from dn..a compliment as complimn with any thoroof le remount or hindered by or is in eenftkt wits Federal�e w,County,or municipal 1.,e.1 s.regulations or Emended Orden sneered as official by or under public Diabetic,deiming luritdleriun,or Ad of Cod,.low,.field.weather,or market eeeditau,inability to obtain outeeials is the epee mar t or transportation thereof,war,strikes,loekauu toes, or ether conditions or dnerunnces sot wholly controlled by lessee sod this teats'bonnot be terminated In whole or in part,,not lessee held liable In daraales for failure to comply with uw such obligations or covertanu if cowpllenee there- with is prsveoted or hindered by or in so conflict with any of the Inertoieg owntualitia.The time during which lessee shell be prevented from moaning drilling on reworking operations daring the rollout,term of this lease, under•the hoottttendao above stated.shall be added to the wiener teem of tho he.,. provided.however.that delve rentals es herein provided then not be suspended by Beeson of the suspeasioa of epeatoes sad if this Imre 4 extended' beyond de primes,was above seed by eeue.d null surpo pion,len.than pay an annual delay nonfat an the tnaivenery data hereof in the manner e nd In the amount above pmided..orp n anoedShould bone no butoro ana nttlienvN deemlease,bug shaoE interest ew Sew be ebloddiinta��party o not f pullets esepstteased to e a�a Lay one er scan of the patWs 13. The mimed lesson for themselves and ebak belts.summon, end asdgm hereby espnedy release and waive all right;undo and by rictus of the hoahtst mpdon lows of laid stater WW1;u tie teas mar to any way&Nuct the Mules for which this lame Is made u mend borne. IN y�TN SS WHEREOF,the undersigned menu* Ibis instrument es of the day and yea:!lest than wdrea. _... alZy ,ass Trusjee for the Maxine Jchn'son Haley Trust as created _ - by Charles Johnson t�I ACKNOWLEDGMENTS D ctYZ 01�•3d o • l S1711E Bid ^r { WDIVIDUAL,North Debate,South Dakota.Nebraska COE. -- : -o — ---�� .2,4IJ 0.;'a __day Mares -----19 85 before me.personally uppaartdaMe.S—$.._ialiY Vfttnrustsa"err.sthe Maxine 0ohnson Haley. Trutt„ known to be the oeewn_.—described in nod who executed the foregoing h 4- or co ,,• InstrZfrin/,,Alh�n�f}hatlwledted to me that__-he..____..ocosted the same m..__._fJ1S--- ---—Arty at sod dee. My commission expires, Notary Public— STATE OF._.._.__......_____ t as INDIVIDUAL.North Dakota,Sedth Dakota.Nebtasia COUNTY OF .................____..._._.— J On this_...Y-_....—_.._.dry g..—..-uu.—_—:._._._��.._«.,.19_-_..-.before on personally aDDoamd_.-----._._...._ U .I,u,-t • 7 1 ........._ ...._ w.._.....--...—- to no kneel to be the patina_described te and who mowed she femtdag melted and aekoowledaael le me that.._.. elted the toed .is_—... _______._._--free set sod deed. My comminien expires: ---_.—.._---___—.__-.-- -- Notary c,Public. fC L H I ' j is o j •n a' 4 r Ql vi ! , i " ! ° ° f , ( ! yj h V) I j ! i ' j j q ei a t ea o o i ! i F ;2 y i iai c i I ! i i F t 6 S i o i� i 1 1 .:S , ! .dF, r.: . •1 ;5 .o b C' Aio I• .• !I 12 !� is l! o idi V i i fo .., ' .t r l' . - 2.." - {1` '' r STATE OF..._.-.—.._.___..... ____ _-J a. CORPORATE,North Dakota,South Dakota Nebraska COUNT?OF- — .before me,a Neel Public, r prnertly appeared _ ._._--_. .� —_.___.—..—..�__......_..._._—_ ..- .._.—.__.---.....---_.—.. known to me to be the.... ---........------.of the Corporative that It described to end that executed the within it onstonat and acknowledged to me that such Cseporoden executed the mono. My commission expires: t . . _ .. .. .. _ ,' 1 T� •' ri. "Ile B 1062 REC 02002641 03/20/05 14:25 $9.00 2/003 , . I F 0527 MARY ANN FEDERSTETN CLERK 5 RECORDER WELD CO, CO t ;' rh - ,Ii , 1 r, 'U -- Z-..:::'2 -- -_ , i t • B 1062 REC 02002641 03/20/85 14:25 $9.00 3/003 F 0528 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO EXHIBIT "'A" Attached to and made a part of that certain oil and gas lease dated March 19, 1985 with an effective date of March 14, 1985, by and between James S. Haley as Trustee for the Maxine Johnson Haley Trust as created by Charles Johnson, LESSOR, and Calvin Petroleum Corporation, LESSEE 1. Whereever the term one—eighth (1/8) as used in paragraph 3 of subject Lease is written it shall be changed to read fifteen percent (15%) to provide for all royalty to be paid on production for subject lease, it being the intent of the Lessor and Lessee hereto to provide for fifteen percent (15%) landowner royalty on all production which earns royalty as provided in the lease. 2. It is the intent of the Lessor and Lessee hereto that this lease shall be a renewal of that certain oil and gas lease entered into between the same parties on March 14, 1980 and recorded in Book # 903 , at Reception # 1825113 , Weld County, Colorado. For all purposes this is en extension and renewal of that lease. The Lessor hereby states that the Release of Oil and Gas Leese which might be construed as being necessary to release the above mentioned lease is not required in this case until and only until a release is required for this lease. and no more and no more and no more Jades�5" Haley as Trustee f7s t�Maxine-Johnson Haley Trust created by Charles Johnson {1 Y/hQi` EXECIBIT C J/„`�WVfV 'TEMPORARY C ONSTRUCT ION a' SIt NT i]F.F.T) \..}/ This Temporary Construction Easement Deed is made thisl2TH day of MARCH 1996,by and between James S.Haley as Trustee of Maxine Haley's Trust Created by Trust Agreement of Charles A Johnson,Recorded in Book 1503,Page 308,Weld County Records whose address is 340 Cresirldge Lane,Longmont, Colorado,80501("GRANTOR"),and the Northern Colorado Water Conservancy District acting by and through the Southern Water Supply Project Water Activity Enterprise,a government-owned business within the meaning of Article X Section 20(2)(d),of the Colorado Constitution,organized pursuant to C.R.S.§§37-45.1- 101 et sep„whose address is 1250 North Wilson Avenue,Loveland,Colorado.80537 ("GRANTEEI. GRANTOR for and in consideration of the sum of ONE HUNDRED AND 00/100 DOLLARS paid by the GRANTEE to the GRANTOR the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by this Temporary Construction Easement Deed does grant,bargain,sell,convey and confirm to the GRANTEE,Its successors and assigns forever,a temporary non-exclusive easement on and under the property described on Exhibit A attached hereto and incorporated herein by this reference,located in Weld County. Colorado("Property"):for the purposes of: 1. Surveying.locating,installing and constructing a buried water pipeline on lands adjacent to the Property,in whole or in part: 00 2. Cutting and clearing trees,brush,debris and other obstructions on the Property that might interfere with GRANTEE'S activities on the Property and (J 3. Access for purposes of maintaining,inspecting,repairing,altering,removing and Qreplacing one or more buried water pipelines across property owned by the _ GRANTOR between the Property and Weld County Road 32 with the GRANTOR'S consent,which consent still not be unreasonably withheld. The term of this Temporary Construction Easement shall begin on the date set out above and shall terminate on MARCH 12 , 1998, During the term of this Temporary Construction Easement GRANTOR shall not place, erect,install or permit any above or below ground building,structure or other obstruction on the Property that may interfere with the GRANTEE'S activities on the Property hereunder. The GRANTEE shall: 4. Insofar as practicable,restore the surface of the ground to its condition prior to GRANTEE'S activities on the Property; 5. Insofar as practicable,repair or replace all existing improvements on the Property, at no cost to the GRANTOR including but not limited to fences.drain tile. Inigation systems,ditches,landscaping,private roads and other improvements to the conditions existing prior to GRANTEE'S activities on the Property should those improvements be damaged or disturbed by GRANTEE,or at GRANTEE'S option pay the actual cost to repair or replace such items caused by GRANTEE'S activities on the Property;and 2481200 B-1537 P-822 03/18/96 03:37P PG 1 OF 5 REC DOC Weld County CO Clerk & Recorder 26.00 laaddnhovad thdey'm.tem pH It *- -11,N 206 6. Pay the GRANTOR for any crop damage and damage to other items caused by GRANTEE'S activities on the Property. Including but not limited to crop damage caused by interference with Irrigation and loss of Irrigation water caused by GRANTEE'S activities on the Property, GRANTEE'S obligations hereunder shall be enforceable against the GRANTEE,Its successors,and assigns by GRANTOR,her heirs,successors,and assigns. GRANTOR: MAXINE HALEY'S TRUST By: es S.Haley TI . stee of MAXINE HALEY'S TR ST STATE OF Car-Kr-4LO 1 ) ss. COUNTY OF 6-€141- 1 The foregoing instrument was acknowledged before me this Id ay of , 1996, by James S. Haley.Trustee of MAXINE HALEY'S TRUST,GRANTOR. My commission expires n1-aN Witness my hand and official seal. 'r .y NotaryPubh-trd c4 Vert:: . 2481200 B-1537 P-822 03/18/96 03:37P PG 2 OF 5 land-alN,owas4Tatey-m.tan 2 €l■n latIU v u -.. . 16 INHUME I 2481200 B-1537 P-822 03/18/96 03:37P PG 3 OF 5 LEGAL DESCRIPTION FILE NO. 1001484 /3EIBIT & 'TEMPORARY EASEMENT • • A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S00 DEGREES 18 MINUTES 28 SECONDS E ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 A DISTANCE OF 109.03 FEET TO THE POINT OF . , BEGINNING OF SAID TEMPORARY EASEMENT; THENCE S00 DEGREES 18 MINUTES 28 SECONDS E CONTINUING ALONG SAID EASTERLY LINE A DISTANCE OF 40.00 FEET; THENCE S88 DEGREES 57 MINUTES 52 SECONDS W A DISTANCE OF 1178.40 FEET;" THENCE S44 DEGREES 15 MINUTES 08 SECONDS W A DISTANCE OF 26.20 FEET;' THENCE S89 DECREER 14 MINUTES 48 SECONDS W A DISTANCE OF 1419.31 FEET; THENCE N45 DEGREES 41 MINUTES 20 SECONDS W A DISTANCE OF 61.18 FEET; THENCE NO0 DEGREES 11 MINUTES 29 SECONDS W ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 A DISTANCE OF 56.08 FEET; THENCE S45 DEGREES 41 MINUTES 20 SECONDS E A DISTANCE OF 83.90 FEET; THENCE N89 DEGREES 14 MINUTES 48 SECONDS E A DISTANCE OF 1386.15 FEET; THENCE N44 DEGREES 15 MINUTES 08 SECONDS E A DISTANCE OF 26.08 FEET; THENCE N88 DEGREES 57 MINUTES 52 SECONDS H A DISTANCE OF 1195.36 FEET TO THE POINT OF BEGINNING OF SAID TEMPORARY EASEMENT, COUNTY OF WELD, STATE OF COLORADO. MARLA M. MCOMBER PLS 24961 MERRICK E COMPANY P.O. BOX 22026 DENVER, CO 80222 NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LFI:A; DESCRIPTION (38-35-106.5 C.R.S.) • A Portion of the N1/2NE1/4 of Section 20 ---.,„,i7,..!,.....,, Township .3 North, Range 68 West, 6th P.M. Weld County, Colorado EXHIBIT A-1 P.i.I.1&&e�nniq cat • someTcr In.GS I 5_:. 8.281 SCOMWE MS1.M . —Road—b ne—ff=-- erw .M•ni�•141/.9 m'8. Ebl Car. •• - Section 20 . POC I I 1 I . �,; • NE.Cin 2 I a ti::10I Pocm 9PD p vemmmlenl, I • • 111 I i - r• Aas . • c. I _ MN S • H� P,y"'is ;2a. x f V . •r. ---4- --t--+-f • . ilo 1=; i „e. Is._ ,I II. �- TenParal Eastman( 2.69 acreE 10].532 MIL) • ‘1( 4Q Pemmnl EmeM 1 1093 mx a lt) • 04 R r • 1 13i B H. 54 J o •` / ;t , 0. . - ,� . , e.. Clp ca- .I NI/4 Cor. , �.9 '2's&ot %a, .e.IGICI"'a—II ILt5.n'v:M^ ��5oatian 20J� Seclim 20 NW1:2.H. __,slx_ 6� 265iM YY • GRAPHIC SCALE • • LJ--LJ 1 . Tempera"Easement hero-2.469 amn l eeM 1 PREPARED BY IAERRICK le COMPANY tEasementrta t A • erns JOB LOU091 ea I.•w- w JOB NO. 2YL-Ilia JAMES S. HALEY, AS TRUSTEE N.C.W.C.D. . OF MARINE HALEYS TRUST AGREEMENT Black and Watch =nom 20 .TOeryle 3 NORTH RAN 68 9EST SCAIEII••Ire FT..LUPTCN-NU0SON 601 PRWCPN YEAOIN4 KID MIMI Wanda omelfnll HATER PRUNE OCCOVENT NO HINT: BAIL 3-23-9S 2481200 B-1537 P-822 03/18/96 03:37P PG 4 OF 5 uuuIIIIIIIGIII!Ig 1111 -- II IiIBIiIIMMI 1 EXCEPTIONS .. ... _. _ ._—... _ Commitment Number: 1001484 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or•material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other.matters, if any, created, first appearing in the records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquired of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments .which are not shown as existing liens by the public records. • 7. ALL TAXES AND ASSESSMENTS, NOW OR HERETOFORE ASSESSED, DUE OR PAYABLE. 8. THE RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT-THE PREMISES THEREBY GRANTED AS SET FORTH IN UNITED STATES PATENTS RECORDED JANUARY 2, 1883, IN BOOK 34 AT PAGE 30 AND IN BOOK 132 AT PAGE 415. 9. EASEMENTS FOR PIPELINES AND INCIDENTAL PURPOSES, UPON THE TERMS AND CONDITIONS THEREIN SET FORTH, AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY BY INSTRUMENTS RECORDED FEBRUARY 10, 1982, IN BOOK 960 AT RECEPTION NO. 1882644 AND SEPTEMBER 17, 1982, IN BOOK 977 AT RECEPTION NO. 1904086. NOTICE OF GENERAL DESCRIPTION OF AREA SERVED WAS RECORDED JUNE 26, 1986, IN BOOK 1117 AT RECEPTION NO. 2058722. SAID INTEREST RAS BEEN CONVEYED TO RN FRONT RANGE GATHERING COMPANY, A COLORADO CORPORATION, BY INSTRUMENT RECORDED APRIL 5, 1993, IN BOOK 1376 AT RECEPTION NO. 2327621 AND HAS BEEN ENCUMBERED BY A MORTGAGE GRANTED TO NATIONSBANC LEASING CORPORATION, A NORTH CAROLINA CORPORATION, RECORDED APRIL 7, 1993, IN BOOK 1377 AT RECEPTION NO. 2327864. 10. RIGHTS-OF-WAY FOR DITCHES AND CANALS AS THE SAME EXIST. 11. NOTICE PURSUANT TO 9-1.5-103, C.R.S., CONCERNING UNDERGROUND FACILITIES OF UNITED POWER, INC„ RECORDED JANUARY 24, 1991, IN BOOK 1288 AT RECEPTION NO. 2239296. 12. EASEMENTS AND RIGHTS-OF-WAY FOR PIPELINES AND INCIDENTAL PURPOSES TO PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AS EVIDENCED BY PLAT RECORDED OCTOBER 28, 1994, IN BOOK 1465 AT RECEPTION NO. 2412934. 2481200 B-1537 P-822 03/18/96 03:37P PG 5 OF 5 .IIIIIIIIIIIIiIEIVV II I [i IAIIIIIRID I as 2481201 B-1537 P-823 03/18/96 03:48P PG 1 OF 5 AEC DOC Weld County CO Clerk & Recorder 26.00 SIT A F.ASR.MENT DEED This Easement Deed Is made this12THday of MARCH , 1996,by and between James S. Haley as Trustee of Maxine Haley's Trust Created by Trust Agreement of Charles A.Johnson, Recorded In Book 1503,Page 308.Weld County Records whose address is 340 Crestridge lane, Longmont Colorado 80501("GRANTOR"1,and the Northern Colorado Water Conservancy District,acting by and through the Southern Water Supply Project Water Activity Enterprise,a government-owned business within the meaning of Article X.Section 20(21(d).of the Colorado Constitution.organized pursuant to C.R.S.§8 37-45.1-101 sta.whose address is 1250 North Wilson Avenue,Loveland,Colorado 80537('GRANTEE'. GRANTOR for an in consideration of the sum of TEN THOUSAND NINE HUNDRED AND 00/100 DOLLARS paid by the GRANTEE to the GRANTOR,the receipt and sufficiency of which is hereby aclmowledged,has granted,bargained,sold and conveyed.and by this Easement Deed does grant.bargain,sell,convey and confirm to the GRANTEE,its successors and assigns forever,a permanent non-exclusive easement on and under the property described on Exhibit A attached hereto and incorporated herein by this reference,located in Weld County,Colorado("Property"): for the purpose of: I. Surveying,locating.installing.constructing.using,operating,maintaining. 7-, inspecting,repairing,altering,removing and replacing one or more burled water LIJ pipelines,in whole or in part,and all necessary subsurface and surface appurtenances for the transportation of water and the operation and control of _ water pipelines: 8 2, Marking the location of the Property and pipeline or pipelines thereunder by suitable markers set and maintained in the ground at locations which shall not interfere with such reasonable use as'GRANTOR shall make of the Property under the terms of this Easement Deed: 3. Cutting and clearing trees,brush,debris,and other obstructions on the Property that might interfere with the operation and maintenance of GRANTEE's activities and facilities on the Property;and 4. Access for purposes of maintaining,inspecting,repairing,altering.removing and replacing one or more buried water pipelines across property owned by the GRANTOR between the Property and Weld County Road 32 with the GRANTOR'S consent,which consent shall not be unreasonably withheld. The GRANTEE,ITS SUCCESSORS&ASSIGNS shall: 5. Insofar as practicable.bury all pipe and communication and control cables to a sufficient depth at the time of construction so as not to interfere unreasonably with the ordinary cultivation of the Property: 6. Insofar as practicable,restore the surface of the ground to its condition prior to installation,construction,maintenance,alteration.or replacement of the pipeline or pipelines and appurtenances thereto: land-all V,owardM,aley'm.p,m I �Ip!II'I II J f11 11 I 2481201. B-1537 P-823 03/18/96 03:48P PG 2 OF 5 7. Insofar as practicable,repair or replace all existing improvements on the Property, at no cost to the GRANTOR,including but not limited to fences,drain tile,water lines,Irrigation systems,ditches,landscaping,private roads and other improvements to the conditions existing prior to GRANTEE'S activities on the Property should those improvements be damaged or disturbed by GRANTEE,or at GRANTEE'S option pay the actual cost to repair or replace such items caused by GRANTEE'S activities on the Property; 8. Pay the GRANTOR for any crop damage and damage to other items caused by GRANTEE'S activities on the Property, including but not limited to crop damage caused by interference with irrigation and loss of irrigation water caused by GRANTEE'S activities on the Property; and 9. Restore or replace improvements made by the GRANTOR on the Property that were made with the written consent of the GRANTEE as provided in paragraph 14 below,should these improvements be disturbed by the GRANTEE.on the condition that the GRANTOR pays one-half of the costs for such restoration or replacement. The GRANTOR reserves the right to use and occupy the Property for any lawful purpose consistent with the rights and privileges granted herein so long as such use does not interfere with or endanger any of the GRANTEE'S facilities on or under the Property or GRANTEE'S use thereof,provided that GRANTOR shall not: 10. Constructor allow the construction of any buildings or other structures on or under the Property: 11. Impound water or other substance on or over the Property,except as may be necessary for the normal Irrigation practices of GRANTOR; 12. Store or dispose of any dangerous,toxic or hazardous substance on or under the "Property,except pursuant to normal farming practices: 13. Alter or replace any fence an the Property without the prior written consent of GRANTEE,provided that this-restriction shall not apply to normal repair. maintenance,or replacement of any existing fence with similar materials: 14. Use the Property for any purpose exceptagriculture without the prior written consent of GRANTEE; .provided,however,the written consent of the GRANTEE will not be unreasonably withheld for the following uses: -a. Open space areas with or without landscaping but excluding fences,other than along property lines,retaining walls,and trees: b. Paved,gravel-surfaced, or unsurfaced local sidewalks.driveways.or roadways: c. Paved.gravel-surfaced.or unsurfaced parking areas except uses involving long-term storage: d. Paved,gravel-surfaced,or unsurfaced recreation areas(excluding buildings)such as trails,bike paths.basketball courts,tennis courts. volleyball courts; and iand.dnnonwd\halcrm.vnu 2 II��I11�ItIIG I.I I 11 f 2481201 B-1537 P-823 03/18/96 03:48P PG 3 OF 5 e. Temporary covers or enclosures not requiring the construction of a foundation and not to be used for long-term storage. 15. Plant or allow any trees to grow on the Property without the prior written consent of GRANTEE. GRANTEE'S obligations hereunder shall be enforceable against the GRANTEE,its successors,and assigns by GRANTOR,her heirs.successors,and assigns. GRANTOR: MAXINE HALEY'S TRUST iceames S.Haley O e: stee of MAXINE HALEY'S TRUST STATE OF CCArDc:rlc,O ) 1 \ — ) ss. COUNTY OFTn 1\cLec- 1 The foregoing instrument was acknowledged before me this day of Fel- , 1996, by James S.Haley.Trustee,of MAXINE HALEY'S TRUST.GRANTOR. My commission expires nt- ,._/ . 19q b Witntss my hand and official seal. �: C S i') nr ale/ C ,-0. -> Notary PugkC- 0Q`ii'N0>'.d land-aatoward\akr-m.pnn 3 ti1UlhII Ii1 L I I I I (t IU IBM DILI 2481201 B-1537 P-823 03/18/96 03:48P PG 4 OF 5 LEGAL DESCRIPTION FILE NO. 1001484 'EXHIBIT A' PERMANENT EASEMENT A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S00 DEGREES 18 MINUTES 28 SECONDS E ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 A DISTANCE OF 59.03 FEET TO THE POINT OF BEGINNING; THENCE S00 DEGREES 18 MINUTES 28 SECONDS E CONTINUING ALONG SAID EASTERLY LINE A DISTANCE OF 50.00 FEET; THENCE 588 DEGREES 57 MINUTES 52 SECONDS W A DISTANCE OF 1195.36 FEET; THENCE S44 DEGREES 15 MINUTES 08 SECONDS W A DISTANCE OF 26.08 FEET; THENCE S89 DEGREES 14 MINUTES -48 SECONDS W A DISTANCE OF 1386.15 FEET; THENCE N45 DEGREES 41 MINUTES 20 SECONDS W A DISTANCE OF 83.90 FEET; THENCE NO0 DEGREES 11 MINUTES 29 SECONDS W ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 A DISTANCE OF 59.72 FEET; THENCE N89 DEGREES 18 MINUTES 45 SECONDS E A DISTANCE OF 10.48 FEET; THENCE S45 DEGREES 41 MINUTES 20 SECONDS E A DISTANCE OF 97.60 FEET; THENCE N89 DEGREES 14 MINUTES 48 SECONDS E A DISTANCE OF 1344.70 FEET; THENCE N44 DEGREES 15 MINUTES 08 SECONDS E A DISTANCE OF 25.95 FEET; THENCE N88 DEGREES 57 MINUTES 52 SECONDS E A DISTANCE OF 1216.56 FEET TO THE POINT OF BEGINNING. MARLA M. MCOMBER PLS 24961 MERRICR & COMPANY P.O. BOX 22026 DENVER, CO 80222 NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (38-35-106.5 C.R.S.; �IYIEIE[IIII. I I f II IV I@Ilillll' III;I A Portion of the Nl/2NEI/4 of Section 20 _ " '' Township 3 North, Range 68 West, 6th P.M. Weld County, Colorado 1 EXHIBIT A—I i . I lP :,eynry m s airiw r !Mann _ d'2B'E smiemT ,t nsl.J_6'_— —Road-6PSfo.M^r- J4.nJ ,•,�• ••• —mutely r«M US= NCl/4 S ✓ EI/1 Coe.T _ r —_ _ - Section 20 A NECo er 1 1 I JI Section 20 I I I I I❑ a :: Pamap 872,71-I, 1 P en,pi,nl LMFn I , s—, I, I IN e . 4, A I, In g 4$ I- •'.n Pi F I �• `k :I1t I _ I I I �— femora,Comment illfemora,2169.wa I 107.332 ma) •3 • 4C Pelnamm Maenad 109J.we I it 034.720 soci0 40 • : —L. ._.AN Cn_e93_._ yp I PJ.an i IN= le it I NI/4 Cot. e, 9 '?•/s 6.09' i. onimo_r sLLell son]off__S1ectlan 20A Section 20 : NII9 29.W __ M ✓SOIrN' Y 2659x6'v I GRAPHIC SCALE •ommorr Cael Ana- 2 m.69 n to DOI ?IAu PREPARED BY MERRHS-& COMPANY Pomona..Comment Moo=3.093 awn I RA. ?Mk .p0 NO. 222-II& JAMES S. HALEY, AS TRUSTEE N.C.w.C.O. OF MAXINE HALEYS TRUST AGREEMENT Block and Veatch %COIN 20 .10990140.3 N00TH MARGC lie MST SCALE'-tar ET..LUPIN-HUDSON Bon PWNOFAA II100AN, 91110 'COuNIY, Cq«od. WA...it it 11ARR PANNE • 0111I1Nr NO. 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I .•\d At-, AL t7 t•I •a•iN•L•W.w-'41 (litirt•A S-'1ta._•ttt/ .•./ S.•t ti .tl•tt.t. t1t t . I I Y J , 1I,)� p Y . _. .11. 1Ir `1,•l:A••.t- . 1t S .,a:t- 1 '13,, s £. tbttc l......../ ....5..•—, r- { ,. 1 a -— . . . t NNNtI ` t •� L . �t\LL.1 A.A ''l.l S It,. 2I1t.•+.r,t ,v',f '' -74..)-t4:1.511:14:4•;%)-14'---..7-4.:2":' -J flP4M ettt- til:". I :R(rt 6< .. . b ..T lfYn<l1tp.. ., ,4-ML n {j P �"�ll aZdj�y. k ';,7 t1 ' 4 p 1.= t a? ' g5 month thereafter, or so soon thereafter as the parties hereto may be able to meet, there shall be a settlement of the proceeds of onld orop up to maid time, and the portion thereof belonging to said party of the first part shell be delivered to her. It being understood that sold settlements do not preclude either party from n r000very of his or her share of sold crop whleh may by any means have been omatted from the prior settlement, and further providing,that final oettlomentl1for maid Drop Abell to made on the 7th day of May of each euonnedtrg year. And 1t fs further agreed that to the event the acid eeeond party depoeit_ee the recoiled. from said crop and oaken his settlement with the partyof the fleet part from month to month, as in the proceeding paragraph provided, the party of the firm part wi 11 not demaFAny further or other se- ourity from the Raid party of the eseonlnr tand if the maid party of the oeoond part shall tall, ring- toot or refuse to doponit the proceeds of said crop ant render his aonounting therefor as in the lent pronendfng paragraph provided, than thepnrty of the firntpart may have all of hie remedies as In the original contract provided. signed in duplicate thin nth day or heroh A.D. 1906. gttie L. Conroy, Claude R. May. STATE OP COLORADO , ) ) en. County of farimer. ) The above changes with pen are with my consent. Claude R. May. I, Nellie E. Herring, a Notary public in and for said County, do herby certify that Rttie L. Conroy, and elaude K. May portion to the above andforegeinglnntrument, personally to me known to be . the pernonn whonn nnmcn are a unearthed thereto, Appeared before me on the 7th day of Marsh, A.D. 1906 and the nth dayef Ma.nh A.D. 1906 reepe0tivnly and acknowledged that they signed, paled and delivered the above Instrument of writing for thijusee Andpurposes therein set forth. r Given under my hand and notarial seal this nth day of Meroh A.D. 1906. '1 ` /,.✓ ' my eonanisalon expires February 13, 1910. a „(, ' Nellie R. Herring, Notary Public. ` No. 109,250. Piled for record at 1:50 o'clock P.M. Moh. 21, 1906. Chas. Davie, Recorder. AaAh6.vhhah6&A6AMA 6.4.a4MMAAA,MhA 6A6aee&hehAAh6b68idlahe 8hM&MASA66hhhhtr&A6h6Ahh6a&hteekel nth6MMdd 1 A O R R R M g N T . El+t THIS AOHF,gMMT made and entered Into this 21st day of May 1898, by and between Asa D. Molt, at' the County of weld and State of Colorado, party of the first part, and Thomas O'Donnell, HenryMntfa.a and Michael Mo0ormiok, of the same piano of the second part, wttneeaatht tIi That for and In consideration or the sum of one dollar to Alm in hendpald, end or the�eondit 4A hereinafter mentioned the maid party or the flref Part hereby gra tlI jO 1Ee Oldiasloond e I :'`d 't i.,,'-e s e thotet .i ci' at.C'.> non eight of way not uoesding twelve (12) feel In width aeromw".the sontlieee`4 quarter 4>{ ue>< • k nsF sY 9 SI4 ..- t-'44 k 1 I) tiJ. 1 JI , _ .t •1-r� .?.H 4::;,".jn b �kto v+\.i'.,�°F�i9M l7 Pw;T1r,. 'C'1 ^.k,�� .,• , ire %n.i F .}' 358 it • Fvi i ' (20) townoAip three (3) north, range, sixty eight (6R) neat, through the gulch known an the "'Maly ' i '. Gulch" which said Oulah enters a,id quarter section at a point on or about forty rode west of the northeast corner of paid quarter Dutton, and lea-vee the same at a point on or about eighty rode south or the northeast corner of said quarter neotioni and it is expressly agreed between the par- ties hereto as a further consideration hereof, that said second patty shall construct and perpetually maintain a good and euffirtont bridge across said gulch at mid point as first party may hereafter designate, of a width not lean than fourteen tent. flail right of way to he used far the purpose of r. V4;ht of way convoy log water for irrigation purpoaas and for no other purpose whatever, and it in oxpreunly ngr,nd end unlerntood that a failure to use said right of way for such purpose or liner of it for any other popper'', or upon the failure to nonntruot and maintain Amid bridge as nroreeald, all ri,'htn under thin nontrnat ahall at once (lino and determine, aM be forever null. And it in fur- I thor expressly "'greed that Bald esoond party shall keep said ditch open at al). times, for the free flow of •eater therein no that it shall not exceed twelve feet in width, Rho upon condition of for- trtl tarn nn aforesaid. TAI' contract to be good bAseart the parties hereto and their aselg nu. Witness the Anndn or the partici, hereto the day and year first a hove written. Ala D. Holt, Thome O'Donnell, Henry Mott, Michael doCoratok. V No. 109,269. Nib. . err record at 11 o'clock A.M. Mot . 22, 1906. Chao. Davis, recorder. M1AAbahM1bdhhhhSAhhSAb.4hhbd bAh.FtbhM1.4l.A M1M1YhMMbbA.LAA AhS!t8.4M4A+AhAa.L.LladAbbthAhhhhAbAAhbadhh,tAbAhhAA A.Mh A O Ic g R 1I t; N T . Tills AORKKMMNT pads and ntAred into this let day of den. 1890 by and between O.Y. Weston of the i i r County of Weld and state of Colorado, party of the tint part and Thomas O'Donnell, Henry Mott and Michael McCormick of the mime place of or the second part, WITN1lttlNTii1 That for And In consideration of the mtm of one dollar to him in hand paid, and of the aondl- i Lion hereinafter mentioned, the meld party of the first part,hereby grants, to the mend party a V right of way not eaeeeding twelve feet (12) in width morose the south west quarter of section seven- teen (17) townie three (3) north range sixty eight 69 west through the gulch known as the 'Kltley t ' Ouloh" which gulch rune In south easterly direction through the above deseribed land. Raid right of way to be used For the Tampon( of a right of way for Conveying water for irrigation purposes and for no other purpons whatever, and it ie expressly agreed and understood that a failure to nee meld right or way for such purpose or use it for any other purpose all rights under this *entreat shall at ones and be forever null. And it le further agreed that said second party shall keep said diteh op- en et all tines for the fres flow of water therein so that it shall not 'soiled twelve feet In width slap upon condition of forfeiture as aforesaid this oontreat to be good between thepartle■ hereto end 71 =_ • AR1882644 8 0760 REC 01882644 02/10/82 10:18 $9.00 1/003 MARY ANN FEUERSTEIN, CLERK. h RECORDER, WELD COUNTY, CO COLORADO .r..r 3.075 Right-of-Way Grant KNOW ALL MEN BY 'I8 1SE PRESENTS, that James S. Haley, as Trustee of Maxine Haley's Trust and Maxine Johnson Haley, Individually of the Post(Mee of_Longmont_ , In the State of Colorado hereinafter referred to as"Grantor"(whether one or inure), in consideration of One Dollar(31.00), to him 1 in band paid,receipt of which is hereby acknowledged,and the further considenition.of S__25J)0-- the es 25.A0 per linear rod,to be paid before the first pipe lie*hereinafter specified is laid_ hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware Corporation, having an office in Kansas City, Missouri, its successors nail assigns,hereinafter referred to as"Grantee,"a Ilig1N-o ryy � lay, construct, maintain,lower,inspect,repair,replace,relocate, change the size of,operate,and remove){:Sipe WISE )WPOECXXXXXXXXXXaYxxlXICO xy3>IX4XXKULVX@Y, X drips,pipe line markers,valves,launchers,receivers,cuthodie equipment, test lends, and all appurtenances convenient for the maintenance and operation of solid lide`s'nd'd-fer the transportation of oil, gas, or other substances therein, under,on,over and through the premises hereafter described, and the Grantee is granted the right of ingress and egress,to,on, Irani and over the following described premises far the purposes aforementioned in the County of Weld T_ in the Slate of Colorado,to-wit: The Northeast Quarter of Section 20, Township 3 North, Range 68 West of the 6th P.M., and the South Half of Section 20, Township 3 North, Range 68 West of the 6th P.M., except the right-of-way conveyed by Deed recorded in Book 14, Page 571 and the right-of-way described in instrument recorded in Book 232, Page 357; and except parcels of land as conveyed by deeds recorded in Book 181, Page 76; Book 181, Page 160; Book 194, Page 174h-end-in Book 1553, Page 500, Weld County Records. TO HAVE AND 'f0 1101,0'said easements,rights,and rigid-of-way unto the said PANIIANDIZ73ASTERN PIPE LINE COMPANY, IS successors and assigns. ' • XxEMd(xf@exMAWKxwxic XXX*lS intIdlUMPIX*XXXxxxxxxxxxxxxXW*XWM000af*WIi-Nlja[;11fr4WWWM X.x*XXKk(X%XXWW Gfnnteo to have did right to select and change the routes of all pipe linos heroin authorize l'A0 be laid under, upaa.egnr tl, trogggt1�,`�he above described premises.AU pipe lostolled hereunder shall be belied a'm)ni- mum of X%XCfXx9J lhkll t•T aa4m`3ftatt not construct or pinee anything over or so closet°any pipe line-or other facility of Grantee na will ho likely to lntorfere'with Grantee's surveillance of or access thereto by use of equipment or arenas customarily employed in the surveillance of or maintenance of pipe lines nor intentionally cause Ilse original coyer over any pipe Ilad to be reduced below,whiehover is the greater of a minimum cover of two(2)foot or below the mini- mum cover required nt Any lime by'Tiny sppliruble pipe line safety code. All damage to growing crops,drainage the and fences of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be India- twined and operated by Grantee shall be paid by Grantee after the damage isdone,saai4 damage, if not mutually agreed upon, to he oncertained.and deteriained by three disinterested persons,ono to be appointed by the Grantor,,one to he appointed by the Grantee,nail the third to be chosen by the two so appointed.'Ike written award of each three persons stall be final and conclusive. See EXHIBIT A attached hereto and by reference incorporated herein for all purposes. Payment of all moneys becoming due hereunder may be paid to James S• Raley, as Trustee 6f Maxine r Haley Trust m 340-Crestridge Lane, Longmont, Colorado 80501 Thies Grant shall be binding upon the beim, executors, administrators, successors, and assigns of the parties hereto, and all tights heroin granted,or any of them separately.may be released or assigned in whole or'in part. It is understood that this Grant cannot be changed in any way except in writing,signed by the Grantor and a duly nuthorized agent of the Grantee. This instrument prepared by H..L. Robertson P.0. Box 1348,Kansas City. Missouri 64141. PANHANDLE.EASTERN PIPE LINE COMPANY, also having a legal address-of P. 0. Box 127, Brighton, 'Colorado 80601. Tt' IN WITNESS WIIERF.OFF.the Grantors have hereunto set their hands and saps this 20 tint-of '--71r0"d'ta-le," ,A.D., 19'191 •• - JamesS. Haley, Trustee•of Max a Haley's x n John n °ley • Alceaara3 ,s„gaww.y- •Aa'ltACKOUTS, AbdITlONS. AND r CNar ,.' . i 8 0960 REC 01882644 02/10/82 10:18 39.00 2/003 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO ACKNOWLEDGMENT FOIL IIUSUANII AND WIFE STATE OF COLORADO 1 so. . I COUNTY OF 1 The foregoing Instrument was acknowledged before am this ,day of 19 by and husband and wife. xoTAar milt c My Commission expires: ACKNOWLEDGIIENT FOR INDIVIDUAL STATE OF COLORADO 1 • as. COUNTY OF BOULDER ) 'flu foregoing Instrument was acknowledged before me this a0t� November 19,$x_, ,day of • by Maxine Johnson Haley co ?ft 62 SJ N0IAXY .Y " ..o. g.;.,s.:;--_3Q -e Address Sir • Vp0.15Rfs5ion t tes:h �:U1311 itp 1*::.,,.:., e D.2�nm. , X70 Paso/ `• .OF t04 ACKNOWLEDGMENT FOR ISMS 7RusT• STATE OF COLORADO 1 se. • COUNTY OF BOULDER ) .. l —. J/ The foregoing Instrument was acknowledged before me title ,2"04..day of November by James S Haley. Trustee of.Maxiflr Haley's.,Trust , et 'c` aerymartimrr•owlehag•uf.tks.arposWlwn • c , ( e A sug coo "11..5,x:, a. MC,d^.+,'r•., t x rear eu//c++ �� , I-- hly,iger•:•: rip 1�...:. �r2C7 —Q/ Address: �S—/j 411..l nk .. !. ' -04 :t,;1 n'l; . .c! , co .nn.fa/ 4.A.V.n) 6..: i ... W x x~ ,.c- z 3 •a 6 O • e 35 : elt I �•c-- 5 e u z iAtn 0 or - b u .2 .• a `. N 00N W n yy y y O O A f 1- O a, 0 0 .. .a. e C L G .o ui . • K F• z vn' < s g .5 3 AN P. to ;I44 f O G e _ V O Oel El 1 . 0 E I a la d le W O =. Ir _ W an q m0 p ° y, v z. z .s Z . . 9 '= te.. 'mt'it 0 1 i m'. 0 0960 REC 01882644 02/10/82 10:16 $9.00 3/003 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO EXHIBIT A TO RIGHT-OF-WAY GRANT GRANTOR: James S. Haley, as Trustee of Maxine Haley's Trust GRANTEE: Panhandle Eastern Pipe Line Company, a Delaware Corporation Grantee agrees that should a crop deficiency occur as a result of the construction of said pipe line, the Grantee will pay such deficiency each year it exists for a period not to exceed three (3) years, commencing with tiU S the crop of 1980; provided, however, Grantors or their tenant notifies {$ Grantee in writing, at the local field office, at least fourteen (14) days prior to harvesting said crop in order that Grantee's agent may view said crop deficiency. As further consideration for the execution of this Grant, Grantee shall compact backfill over the ditch by water packing same, provided, however, Grantor or its tenant will supply water in ditch at a point designated by Grantee, its contractor or agents, to water pack said ditch line. Grantor to have the right to construct and maintain utilities, sidewalks, and driveways, which may be installed at approximate right angles to the pipe line herein authorized, provided, however, that all utilities cross under said pipe line. 3 3, _o'clock M., I AR2038185 Recorder. Lam' QUIT CLAIM DEED THIS DEED,made this 20th day of December .19 85. between MAXINE JOHNSON HALEY TRUST of the 'County of Boulder and State of Colorado.gramor(s).and EDWARD I. KOPITZKE AND EVELYN R. KOPITZKE whose legal address is 1.4153 WCR #5, Longmont, CO 80501 of the Couny of Weld and State of Colorado.a antee(sl. W ITNESSETH,That the grantor(s),for and in consideration of the sum of TITLE PURPOSES ONLY CONSIDERATION LESS THAN $500.00 DOLLARS the receipt and sufficiency of which is hereby acknowledged,ha remised.released,sold.conveyed and QUIT CLAIMED,and by these presents do remise,release,sell.convey and QUIT CLAIM unto the grantee(s). heirs.successors and assigns, forever, all the right, title, interest.claim and demand which the grantor(s) ha in and to the real property, together with improvements.if any,situate,lying and being in the County of Weld and State of Colorado.described as follows: An Easement for a Leach Field over that portion of the Southeast 1/4 of Section 20, Township 3 North, Range 68 West of the 6th P.M., more particularly described on the attached Exhibit "A". M1 Eq. y6�1; C;.+.'.`ems B 1098 REC 02038185 01/07/86 10:53 $6.00 1/002 L:'.&Sz F 0544 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO if$5O The above described easement is given on the express condition that all upkeep, maintenance and expense in connection therewith, will be the responsibility of the Grantee herein, their heirs, assigns and successors. also known by street and number as: TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges[hereunto belonging or in anywise thereunto appertaining.and all the estate,right.title.interest and claim whatsoever.of the grantor(s),either in law or equity,to the only proper use.benefit and behoof of the fnntee(sy heirs and assigns forever. IN WITNESS WHEREOF.The grantor(s)ha executed this deed on the date set forth above. e 7777/2/52. -2,2-7Cilleirdta;tt' • 0 STATE OF COLORADO, SS. County of Gai The f�foorreeggoing`'iin'sw4mentwas cknowledgedbefote me this /QO dayof pvYS-BCGAJ3et) ,19$5 by• y,-.,,.vr7� �'/ % , .3'2/�?b,z �/Y-,270 ��/ baeth ✓ Y.�.1`DmmEuiD¢ sties' 'j./,Erze2/ /F .19 57.Witness my hand and official seal.• A: 966 o it AI C5 c2 O $CSv/ • •ICirDenveq ihserc"Gtyand:' No.933.RN.345. QumCLko4 DEED warm,MNoiing,3923w.44A.c.LNeae6,Co 90:14—0051113-69CO3.85 '� • • EXHIBIT "A" B 1098 REC 02038185 01/07/86 10:53 $6.00 2/002 F 0545 MARY ANN FEUERSTEIN CLERK & RECORDER. WELD CO, CO That portion of the Southeast quarter of Section 20, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Southeast quarter of said Section 26 as bearing North 00° 04' 30" West, and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 20; thence along the East line of the Southeast quarter of said Section 20, North 00° 04' 30" West, 855.00 feet to the true point of beginning; thence South 89° 55' 30" West, 142.25 feet; thence North 00° 04' 30" West, 50.62 feet; thence North 89° 55' 30" East, 142.25 feet to said East Line of the Southeast quarter of Section 20; thence along said East line, South 00° 04' 30" East, 50.62 feet to the true point of beginning. ..'/do-xf9(al n amo V(/UMM108 11- -36_ _H aJ a351n3a ulxm ON eV fl�9_OJ_O'pN1N39 'N1l1W `C``l' t't(luI \V�/ \V/ °F{Q,.a� 10/[2/EO Q3SIn3tl I S3 1 1l3NS 8Z6 %08 '0'd aggro Vera NNv Navas „: `!€ 1 aggro Vera .mx, .� I'M ae Al p b JiiOhi;IIIOId 4 a g$ ag P 'g�^g; iit ;,€) b z0 I -" 1 ''-,i•t pi iu rn frii yyq�� N i 7 $ia^t$021' ct €`g ₹ is J 12 ^ '� -. '.,.' : ;�gg�b5 g ₹g₹65 6 .3 yyP'yt 'ata tl g U 9gZga3G i Zw_ b i F \Ir ,•,Th (i pith, T. i d 8i $ ipu 9 o N s•3.es a < �mi2 St.na7 <iF 3 `€G - •S• ` aW • oI 8 �" // -, _ ( ''05 a6`6V°n=t,'l₹ga g b i id litA IC— E 4 i i ( E' 4/l 7.: // < PII:a g gs a `�j W; p €.,ea�g cW5 ₹ E5- d�'iY� U> S nil 'F_! i U �':e s`.. £ �a y1 t j6af•P-FC`gi E�c'a 'i o io't`a F F 4 Ipe• .�.3 b'�,_ �C3 " €��7 Y`6A^E3I r ' .L tea. :'oi W F Y o :b 3 P yM t:§� T§ § i. 9,9!21''6§""i.: s2:g i-- ii"r .4. a a 5cn : a�' . W 3b:a."e_f €� Ii _ PILE $Rg e w 4.vallti g 1.2 IV '� v La 3�;.=5lp b W7:6-1327.1 `o5 n8w7File-tg I a0 @iif,a 9 ° a 6 5 a $ _9€ as EF _vcixs a s z W g 33 aa9 6 a < w •iz "s"sNi -g Cr IA..,z6 _ 2 69212 $ 'V 5 E sg g' rr al s3i WI NOM 65 ia - lilli I-7 al l; 7 Wt%mac I it9SoOS _�_S59 C].\\ -m.14Pi@'N�--® se¢ 966.]5 ₹ b19.03 W k. i4 p Fa ry a_p O3 '2N n' um NOVI1W is x . 30- Ix .]5_ : NOO.1e'31wjJ 4 = \ -'s Qff h3 `�ek fwd"tea mo..'.�e -- ' 5 a n lg t g rr» �� F 9€ �$ l etSG C I d � Y� E§O PG 99S2 O0 .22'2_92 4.1,031.00Ns ' rvu g ZE $ A: �1a593fi M5200' ggoa is Ile n 01.30311 bad SW 0%Sc S1 5 ?a \D M now.2 aMp3'no ma was Safi Mn b2 HmL]5 a3N10]Y/1 1S3M N • NO , a2 ail g2t) 1,r -1t33 916 GRANT OF WATER PIPELINE EASEMENT TO LONGS PEAK WATER DISTRICT THIS AGREEMENT is made on 44 1 , 2001— between HALEY LAND COMPANY,LLC, a Colorado Limited Liability Company, (referred to as Grantor), and LONGS PEAK WATER DISTRICT, a Title 32 special district and political subdivision of the State of Colorado (District), whose legal address is 9875 Vermillion Road, Longmont, Colorado 80504-9738. For $39,920.00 (Thirty-Nine Thousand Nine Hundred Twenty and 00/100 Dollars) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged,Grantor hereby grants to the District, and its successors and assigns, a permanent non-exclusive right (Easement) to occupy and use the real property situate in Weld County, State of Colorado, and more fully described on EXHIBIT A attached and incorporated herein by reference (Property), to construct, lay, install, inspect, monitor, d maintain, repair, renew, replace, remove, operate and use one or more underground water o pipelines, and all underground and surface appurtenances and facilities with respect to such pipelines, of such size and capacity as necessary or required by the District, in, law through, over and across the Property for the purposes for which the above-mentioned —"d _ rights are granted. —� —_ o U In addition to the perpetual, non-exclusive easement described above, Grantor a n grants to the Grantee a temporary easement (for purposes of construction only and to automatically expire upon completion and acceptance of the Liberty Gulch Improvement =a Project), 50 feet in width, immediately adjacent to the permanent easement described =MI 90 above, and which shall lie on the North and East side of the permanent easement as the o 0 requirements of construction dictate. The location of the aforementioned Temporary —r-o Easement is more fully described on EXHIBIT B, attached hereto. The Grantee, in ==---co— consideration of the granting of such additional temporary construction easement, • covenants and agrees to reimburse the Grantor for any damage, which may be caused to ac growing crops or lawns by reason of initial construction of the pipeline and appurtenant Co F —o, facilities. a y o �M- IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The District shall have and may exercise the right of ingress and egress over, through and across the Property for any purpose reasonably needed for the full enjoyment of any other right of occupancy or use provided for in this Agreement. 2. Grantor shall neither cause nor permit the construction or placement of any building, street light, power pole, yard light within any part of the Easement. Grantor may place trees, woody plant or nursery stock, along with a trails or paths within the Easement area provided the District may remove any such improvements it deems necessary in the conduct of its maintenance and operations of its facilities without any reimbursement from District to Grantor. It is hereby acknowledged and approved that the Grantor, its successors and assigns, may, in the process of development of its property, cross the Easement with paved and non-paved roadways. Where paved roadways are installed on all or any part of the surface of the Easement they shall be installed with no planters, islands or median structures which unreasonably interfere with District's access to its easement and/or facilities. Any prohibited use or installation located on the Easement as of or after the date of this Agreement, including installations not conforming to Paragraph 7 below, may be removed by the District without liability to it for damages arising there from,provided that such removal was reasonable and that,except in the case of an emergency,the Grantor was given at least 10 days prior written notice of its intent to remove such installations. 3. Fences existing as of the date of this Agreement and fences constructed after that date with the approval of the District that are disturbed or destroyed by the District in the exercise of its rights hereunder shall be replaced by the District to their original condition as nearly as may reasonably be done. Grantor shall not, however, construct or install new fencing across or within the Easement without the advance written consent of the District, such consent shall not be unreasonably withheld. 4. In the event that the above-described lands are being used for the growing of a crop which requires irrigation at the time the pipeline is constructed hereunder, the District agrees, unless otherwise provided for to install and operate flumes or appropriate crossing devices across the right-of-way at all times during such construction operations. The District further agrees, unless otherwise provided for, not to block, dam or obstruct in such a manner as to interrupt the historic use of irrigation canals, drainage ditches, and creeks located on said lands, and also agrees to replace or repair any levees or banks — disturbed or damaged by the District's operations on said lands. • re 5. All water pipelines installed within the Easement shall be laid not less than min—o Y four feet below the surface of the adjacent ground. =.a,eti 6. Grantor shall neither take nor permit any action which cause the earth C� cover over any water pipeline within the Easement to be less than four feet or more than d eight feet, measured vertically from the top of the pipeline. Grantor shall not materially =� d modify the elevation of the earth cover over a District pipeline without advance written N y authorization from the District, which authorization shall provide for full payment or - a reimbursement to the District of all costs of adjusting District facilities made necessary by such modification. o 0 —o SIMelO 7. After any construction or other operations by the District which disturb the n surface of the Property, the District will restore the general surface of the ground, �o including paving and authorized appurtenances, as nearly as may reasonably be done to =o^ the grade and condition it was in immediately prior to construction,except as necessarily =tit modified to accommodate District facilities. Topsoil shall be replaced in cultivated and —""' agricultural areas,and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of three years following disturbance of the surface of the Property by the District, the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District. Seeding or sod replacement will be completed by the District as soon as is practical after completion of the installation and grading. 8. Service lines from adjacent properties receiving service from District facilities in the Easement, and other public utilities such as water, storm sewer, gas, electric, telephone, data transmission, communication, and cable television lines may be installed in the Property only with the District's written authorization, which authorization shall not be unreasonably withheld, and on the condition that they do not unreasonably interfere with the District's rights herein granted. Public utilities which cross the Property shall cross District's facilities at approximately right angles and maintain a minimum vertical clearance from District facilities of two feet, and utilities which parallel the District's facilities shall not be located closer than five feet thereto. Except for utilities as authorized in this Agreement and for roadways, all surface and subsurface uses of the Property, including fences, trails, bike paths, etc., must be approved in writing by the District before installation. As reasonably practical, the District will allow the use of the Easement area for brown water irrigation systems, including pipelines to accommodate same,subject to the standards set forth above. 9. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy are consistent with, and do not impair, any grant or covenant contained in this Agreement. 10. The District is acquiring its rights in the Property in order to ensure to it a dominant easement for the exercise of the District's functions. All rights not expressly granted to the District herein are reserved by Grantor. 11. If the District, by written instrument, releases its rights as granted in this Agreement and ceases to use the same,all right,title and interest of the District hereunder _. shall cease and terminate,and the Grantor or its successors in title shall hold the Property, as the same may then be, free from the rights so released and shall own all material and — ac ssmm structures of the District so released, but nothing in this Agreement shall be construed aso working a forfeiture or abandonment of any interest derived hereunder and not owned by 'i'ter, the District at the time of the termination of the District's rights. —= g 0 lallU E arm Z, O 12. Grantor warrants that it has full right and lawful authority to make the grant contained in this Agreement. =3 d �N a 13. Each and every one of the benefits and burdens of this Agreement shall eimow inure to and be binding upon the respective legal representatives, heirs, executors, n0 administrators,successors and assigns of the parties to this Agreement. —_o a'F.:4... 14. This writing constitutes the whole agreement between the parties and no moo N'� additional or different oral representation, promise or agreement shall be binding on any Nam of the parties hereto with respect to the subject matter of this instrument. _�?'" v o 15. 'This Agreement shall constitute a covenant running with the land for the -°"' benefit of the District, and its successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. (REMAINDER OF PAGE LEFT BLANK) 1111111 11111 1111111111 1111 111111111111111 11111 1111111 3492976 07/26/2007 03:02P Weld County, CO 4 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder GRANTOR: HALEY LAND COMPANY LLC y ft. b .4Q. pdzc.2ti t nknce t, Jo i. R. Haley,Man ail STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing Grant of Water Pipeline Easement to Longs Peak Water District was acknowledged before me by John R. Haley as Manager of Haley Land Company LLC, Grantor,on July 12,2007. My commission expires: a I 3-12.0b1" . WALLACE H. GRANT I W'tne my hand and official seal. I NOTARY PUBLIC STATE OF COLORADO �" r- My Commission Expires Nov.7.2007 N tary Public GRANTEE: LONGS PEAK WATER DISTRICT 1:;::- __ Barry s, t en• I anager STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me by Barry Dykes, as General Manager of Longs Peak Water District,on 7/,C ,200? My commission expires: 7 l/yf2 0/ .Y.H Iy o ff v t fi LtI r�'ri ,Nonblic, 1, . . LEGAL DESCRIPTION (HALEY LAND CO.LLC PROPERTY) EXHIBIT A PERMANENT EASEMENT BY AND BETWEEN -( HALEY LAND CO. LLC (GRANTOR) AND THE LONGS PEAK WATER DISTRICT (GRANTEE) LEGAL DESCRIPTION; A PERMANENT WATERLINE EASEMENT ACROSS A PORTION OF THE NORTH HALF OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE CENTER ONE-QUARTER CORNER OF SAID SECTION 20, WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 8912'41" EAST. A DISTANCE OF 2665.17 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION: co a a THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, ma 0 NORTH 0010'53" WEST, A DISTANCE OF 1299.57 FEET; THENCE SOUTH 69'11'43" WEST. A a� et DISTANCE OF 135.50 FEET; THENCE NORTH 06'27'28" EAST, A DISTANCE OF 30.24 FEET; o.es THENCE NORTH 8911'43" EAST, A DISTANCE OF 162.01 FEET; THENCE ALONG A LINE m'_.;I:1-z 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, SOUTH 00'10'53" EAST, A DISTANCE OF 1299.58 FEET; THENCE i--!t" ALONG A LINE 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH UNE OF THE urn. C NORTHEAST QUARTER OF SAID SECTION 20, NORTH 89'12'41" EAST, A DISTANCE OF au e 0 2525.10 FEET; THENCE NORTH 00'18'31" WEST, A DISTANCE OF 10.00 FEET; THENCE of ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH UNE OF THE to 2 NORTHEAST QUARTER OF SAID SECTION 20, NORTH 8912'41" EAST, A DISTANCE OF 80.00 FEET TO THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 5; THENCE ALONG SAID eeertNw o WEST RIGHT OF WAY LINE, SOUTH 0018'31" EAST, A DISTANCE OF 40.00 FEET TO THE eima Ro P SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG SAID Sao 3 SOUTH LINE, SOUTH 89'12'41" WEST, A DISTANCE OF 2635.17 FEET TO THE TRUE POINT amnC X OF BEGINNING. --c:, "..__ ea o SAID EASEMENT CONTAINS 122,857 SOUARE FEET OR 2.820 ACRES MORE OR LESS. mam ^a ID aO rc a a a co MEW N LEROY r• .iii TA, J". .' a DATE: s FOR AN' V ,=E • . ✓• F TETRA e• t s a Y 3 TETRA TECH SHEET10F2 iti THIS EXHIBIT DOES NOT REPRESENT 83O1 E.Prentice Ave., Suite 101.Greenwood Village,CO.80111 AMONUMENTED SURVEY.IT IS MY TEL 303.741.6000 FAX 303.741.8106 INTENDED TO DEPICT THE ATTACHED DESCRIPTION. a JOB NO:0068_067_b DATE:06(27(07 TREVISED EXHIBIT A I I WELD COUNTY ROAD 5 S00°18'31'E I EAST 114COR., 40.00' SEC.20,13N,R08W sr' la 30. I COIk1TY ROAD N89'12'41'E RIGHT OF WAY 80.00' NOD'1811-W 10.00' SUSAN L HALEY m PROPERTY .. cii North b U __= ti rhil ide _A �1N 'R immon_ aW i4 p _�raj a c r " �ZV T=200' HALEY LAND CO. __ 0 100 200 LLC PROPERTY z H �; u 30.00' PROPOSED PERMANENT ��N� WATERLINE EASEMENT ` a Cra p� Qs Nola S —`_O BASIS OF BEARING 1 NIKKIINWE 2685.1T --to , SOUTH LINE, and 9 \ NE 114,SEC.20 a co al ii- I ; HALEY UM CO.LLC E PROPERTY a m` o 3 NORTH IM COW, _com SEC.20,13N,RUM % S00'10'53'E 1299.58' t \ N00'1W53"W 1299.57' N89°11'43"E S8a'11'43-W TRUE POINT OF BEGINNING 162.01' N00.10'53"WSt 2858.14' I CENTER 7M CDR., 13550' WEST LINE, SEC.20,13N,RBBW NE 114,SEC.20 N08°27'28"E 8 3010 a RONALD W.HOOKER CORRINEA.LEWIS HALEY LANG CO.LLC gPROPERTY PROPERTY PROPERTY 3 n TETRA TECH SHEET 20F2 THIS C01I&T DOES NOTREPRESfNT d 8301 E.Prentice Ave., Suite 101,Greenwood Vilage,CO.80111 A MONUMENTED SURVEY.R IS ONLY y° TEL 303.741.6000 FAX 303.741.6106 INTENDED TO DEPICT THE ATTACHED DESCRIPTION. JOB NO:0068 06730 10627PT REVISED 4 • LEGAL DESCRIPTION (HALEY LAND CO.LLC WEST PROPERTY) EXHIBIT BI TEMPORARY CONSTRUCTION EASEMENT BY AND BETWEEN HALEY LAND CO. LLC (GRANTOR) AND THE LONGS PEAK WATER DISTRICT (GRANTEE) • m 9 �_ O LEGAL DESCRIPTION: A 50.00 F00T WIDE TEMPORARY CONSTRUCTION EASEMENT ACROSS A PORTION OF THE —ca NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE a °1 SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING MORE =c • PARTICULARLY DESCRIBED AS FOLLOWS; • -u 1- COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SAID SECTION 20, WHENCE THE w�NORTH ONE-QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 00'10'53" WEST, A MINN =�: a DISTANCE OF 2659.14 FEET. SAID LINE FORMING THE BASIS OF BEARING FOR THIS •• DESCRIPTION; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID =n.y SECTION 20. NORTH 00'10'53" WEST, A DISTANCE OF 1249.56 FEET TO THE TRUE POINT �a OF BEGINNING; we o � o THENCE SOUTH 89'11'43" WEST, A DISTANCE OF 141.33 FEET; THENCE NORTH 06'27'28" EAST, A DISTANCE OF 50.40 FEET: THENCE NORTH 89'11'43" EAST, A DISTANCE OF 03 135.50 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID arm cm o SECTION 20; THENCE ALONG SAID EAST LINE. SOUTH 00'10'53" EAST. A DISTANCE OF =coin 50.00 FEET TO THE TRUE POINT OF BEGINNING. ter-. gC SAID EASEMENT CONTAINS 6.921 SQUARE FEET OR 0.159 ACRES MORE OR LESS. MEN'nCa ma47ma 47; ;' P n • ^ APR°[/`. LEROY M. r04 : - ;8 DATE: c FOR AND I • MALE •F: TETRA TE • � .... - +_ Y S I • - a It TETRA TECH SHEET OF THIS EXHIBIT DOES NOT REPRESENT 8301 E.Prentice Ave.. Suite 101,Greenwood Village,CO.80111 A MONUMENIED SURVEY.IT IS ONLY TEL 303/41.8000 FAX 303.741.8108 INTENDED TO DEPICTTHE ATTACHED DESCRIPTION. JOB NO:0066_067_30 I DATE;08!27107 REVISED 1 EXHIBIT B1 E WELD COUNTY — 23 a' rSs8W ROAD 5 I EAST U4 CUR., SEC.20,T3N,R6 gc ea ii o COUNTY ROAD m_ RIGHT OF WAY 0=2111�3 °t =4co ON as 9.o 0 S 0 ��c c SUSAN-L HALEY —o c PROPERTY �;a North Nr tli WIMP N. ma mum to at rn o 1'=200 HALEY LANG CO. e3 eo 0 100 200 sin ___..2LLC PROPERTY ----------------- 5 Ne 2'41•E 2865.1T SOME LNE, NE 114,SEC.20 1 Y ( HALEY LAND CO.LLC = PROPERTY z SEC.4NO aww, 8 SLN1'10'53'E 5 SEC.70,14 CRBSN 50.00' 1,4 . _1.249.56' TRUE PONT OF BEGINNING I N89•11'43'E 135.50' S89°11'43°W BASIS OF BEARING I POINT OF COMMENCEMENT 141.33 CENTER 114COR, N00.10'53'W 2859.14' SEC.20,TSA,ROW .3 PROPOSED TEMPORARY EAST LINE, I CONSTRUCTION EASEMENT NWIM,SEC.711 Mar. S.F. /006°2778 - 0.159 AC. s 50. i S RONALD W.ROCKER CORRNE A LEWIS HALEY LAND CQ LLC PROPERTY ( PROPERTY PROPERTY g 3 Ezi TETRA TECH SHEET 20F2 ra THIS BITD RV REPRESENT 8301 E.Prentice Ave., Suite 101,Greemvood Village,CO.80111 A MONUMNUMENTE SD SURVEEY.IT IS ONLY A TEL 303.741.6000 FAX 303.741.6106 INTENDED TO DEPICT THE ATTACHED t DESCRIPTION. c. J08 NO:0068 067 30 I DATE 06/27/07 REVISED • , LEGAL DESCRIPTION (HALEY LAND CO.LW EAST PROPERTY) EXHIBIT 82 TEMPORARY CONSTRUCTION EASEMENT BY AND BETWEEN HALEY LAND CO. LLC (GRANTOR) AND THE LONGS PEAK WATER DISTRICT (GRANTEE) LEGAL DESCRIPTION: • A TEMPORARY CONSTRUCTION EASEMENT ACROSS A PORTION OF THE NORTHEAST • QUARTER OF SECTION 20, TOWNSHIP 3 NORTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY • DESCRIBED AS FOLLOWS; *al COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SAID SECTION 20, WHENCE THE ma c EAST ONE-QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 89'12'41" EAST, A m DISTANCE OF 2665.17 FEET. SAID UNE FORMING THE BASIS OF BEARING FOR THIS a� D± DESCRIPTION; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID ...■o a7 • SECTION 20 NORTH 00'10'53" WEST, A DISTANCE OF 30.32 FEET; THENCE NORTH wiice • 89'49'07" EAST, AND DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; lima c THENCE ALONG A UNE 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE �� o e NORTHEAST QUARTER OF SAID SECTION 20, NORTH 00'10'53" WEST, A DISTANCE OF oramv i 1299.58 FEET; THENCE NORTH 89'11'43' EAST, A DISTANCE OF 50.00 FEET; THENCE �m� . ALONG A LINE 80.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE �'$ IN NORTHEAST QUARTER OF SAID SECTION 20, SOUTH 00'10'53" EAST. A DISTANCE OF m 1249.59 FEET; THENCE ALONG A UNE 80.00 FEET NORTH OF AND PARALLEL WITH THE a o rn SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, NORTH 89'12'41" EAST, A DISTANCE OF 2554.99 FEET TO A POINT ON WEST RIGHT OF WAY LINE OF WELD COUNTY ��ac ROAD 5; THENCE ALONG SAID WEST RIGHT OF WAY LINE, SOUTH 00'18'31" EAST, A I DISTANCE OF 40.00 FEET; THENCE ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL ��^0 WITH THE SOUTH UNE OF THE NORTHEAST QUARTER OF SAID SECTION 20, SOUTH tea g 89'12'41" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 0098'31' EAST, A DISTANCE ~�m� OF 10.00 FEET; THENCE ALONG A LINE 30.00 FEET NORTH OF AND PARALLEL WITH THE e�e>w�� 3 SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, SOUTH 89'12'41" WEST, A -moo¢ DISTANCE OF 2525.10 FEET TO THE TRUE POINT OF BEGINNING. a r-.0 diSAID EASEMENT CONTAINS 191.928 SQUARE FEET OR 4.406 ACRES MORE OR LESS. awa CV rn`o ga i E _ ..• • si di, dii z9 2CC t I LEROY M. • r $794357,913 i DATE: P FOR AND 0 1 e F OF: ,..7,•g TETRA TECH ;� ow).-c• "rA:41 4 8 SI i 3 8 TETRA TECH SHEET 10F2 2 illbTHIS EXHIBIT DOES NOTREPRESENT 8301 E.Prentice Ave., Suite 101,Greenwood Village,CO.80111 A MONUMBJTED SURVEY.ITIS ONLY R TEL 303.741.6000 FAX 303141.6108 INTENDED TO DEPICTTHE ATTACHED F DESCRIPTION. J08 NO:0066_067 33 DATE:06/27/07 REVISED EXHIBIT B2 to WELD COUNTY E ROAD 5 S00°1871°E I EAST 114 CDR, d I 40.00' SEC.20,T3N,ROW °c l_ _ _ . moma 0 d SOU I — c COUNTY ROAD 88992141'Wa 2 RIGHT OF WAY 80.00' �v� S00°181311 a3 d10.00. =EM-04 MIME T.em co SUSAN L.HALEY a�� North PROPERTY ao mow=o —N :: SI SI acc : =,off l'=200' HALEY LAND CO. em N o 0 100 MO LLC PROPERTY V wo I I I n n _0,r W V ' !V 2V m 1 ` = • Ia BASIS OF BEARING c� �NB9WZ41'E 288SiT 3 SOUTH LINE, NE 1/4,SEC.21:1 6 e 50.00' PROPOSED = TEMPORARY CONSTRUCTION EASEMENT P HALEY LAND CO.NORTH 114 COR, LW PROPERTY SEC.20,T3N,ROW 900°1013"E 1249.W N89°11'43'E �19t`,B768F`4)14b.,� I TRUE POINT OF BEGINNING 1 50.00' N00°10'STW 1299.58' N89°470rE . 30.00' I POINT OF COMMENCEMENT 3 N00'10'53'W N00°70'53-W 26.59.14' CENTER 114 CDR, C WEST UNE. 30.32' I SEC.20,13N,RIMY '_________ NE 114,SEC.20 i R a i "8 RONALD W.ROCKER CORRINE A LEWIS HALEY LAND CO.LLC $ PROPERTY PROPERTY PROPERTY 1 3 TETRA TECH SHEET 2UP2 8 el THIS EXHIBITDOES NOT REPRESENT 8301 E.Prentice Ave., SORB 101,Greenwood Village,CO.80111 A MONUMENTEO SURVEY.ITIS ONLY TEL 303.741.6000 FAX 303.741.6106 INTENDED TO DEPICT THE ATTACHED 3. DESCRIPTION. . JOB NO:0068_067_30 DATE 08.11767 REVISED 111111111111111111 III 111111 11111111111 II1 11111 1111 IIII a 3571091 08/08/2008 09:32A Weld County, Co 4) 3 I of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder 091 UNDERGROUND TRANSMISSION EASEMENT Haley Land Company LLC., ("Haley Land Company") in consideration of$ 10 and other good and valuable consideration as more fully set forth in the memorandum of consideration executed by the parties to this agreement on even date herewith, paid by Platte River Power Authority,a political subdivision of the State of Colorado,("Platte River"),the receipt and sufficiency of which is hereby acknowledged, hereby grants and conveys to Platte River a 25 foot perpetual and exclusive easement and right-of-way situated in the County of Weld, State of Colorado to construct, operate,maintain,repair, reconstruct,replace, enlarge,inspect and remove,at any time and from time to time, electric transmission and communication facilities, wires,cables,fiber optic lines and/or other transmission facilities for the operation,transmission and distribution of electric energy and related communications("Easement Facilities'), together with all necessary and proper foundations, footings, and other appliances and fixtures for use in connection with said Easement Facilities on,under and across all of the hereinafter described strip of lands;provided,however, any transmission lines installed shall only be installed underground,and, except for marker signs provided for in Section I(0 of this Easement, any other Easement Facilities shall be installed underground and/or level with the surface of the land. Said Easement is described on attached Exhibit A,which is incorporated herein by reference ("Easement"). L Haley Land Company further grants and conveys to Platte River: (a) The right of entry and access in, to, through, on,over,under and across the Easement at any time and all times deemed necessary by Platte River for all purposes necessary and at all times convenient and necessary for full use of the rights acquired in and for this Easement; (b) The right of ingress to and egress from said Fasement.This right of access to the Easement shall be limited to the use of existing roads,driveways,and lanes in the immediate vicinity of the Fasement or other routes of access that are acceptable to Haley Land Company(as shown in Attachment 1);provided that access for construction purposes(other than emergency service)shall be subject to Landowner's approval, which shall not be unreasonably withheld; (c) The right from time to time to trim and to cut down and clear away or otherwise destroy any and all vegetation now or hereafter on,or affecting, said Fasement, provided,however; that Platte River shall coordinate the removal of any vegetation required to maintain the integrity of the Easement Facilities with Haley Land Company and shall replace or reimburse Haley Land Company within 30 days of completion of any work on the Easement for any vegetation removed damaged or destroyed;all vegetation which Platte River is hereby authorized to destroy shall be disposed of or removed from the area by Platte River; (d) The right from time to time to enlarge, improve,reconstruct,relocate and replace any facilities containing or supporting the Easement Facilities and other transmission Page 1 of 5 1111111111111111 I I I!11111111111111111 I I 111!11 I I I I I I I I 3571091 08/08/2008 09:32A Weld County, CO 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder facilities constructed hereunder with any other number of structures or improvements either in the original location or at any alternate location or locations within said Easement; (e) The right to temporarily erect above ground overhead transmission and communication lines or facilities to maintain continuity of electric and communications services during periods of maintenance or reconstruction of the Easement Facilities if the underground transmission and Easement Facilities and operation are so affected or damaged as to require rebuilding,in whole or in part. (I) The right to mark the location of said Easement by suitable markers set in the ground;provided that said markers shall be placed in locations approved by Haley Land Company which meet the requirements of the National Electric Safety Code or other applicable governmental regulations. (g) The right from time to time to make cuts, fills and/or change the elevation of the surface of the Easement area,and after construction of the Easement Facilities,to establish a surface elevation for the Easement necessary to protect the Easement Facilities,together with the right to maintain the elevation of the surface of the Easement as established after installation of the Easement Facilities. Except as provided in paragraph III (d), Haley Land Companyagrees not to fill or remove soils or other material from the Easement which would change the elevation established by Platte River. II. Haley Land Company further agrees: (a) Except as provided in paragraph III. (d), Haley Land Company will not use said Easement or grant any right, title or interest upon,over or under said Easement without first obtaining the written consent of Platte River. Such consent will not be unreasonably withheld, provided the requirements of the National Electrical Safety Code or other applicable governmental regulations are satisfied. Haley Land Company shall not in any manner unreasonably or materially interfere with the purposes for which this Easement is conveyed; (b) Except as provided in paragraph III. (d),Haley Land Company shall not erect or construct any buildings or other structures or obstructions above or below ground or drill or operate any well(s),or construct any reservoir or other obstruction on the easement; and (c) Except as provided in paragraph III. (d), Haley Land Company shall not deposit, or permit or allow to be deposited,earth,rubbish,debris, or any other substance or material,whether combustible or noncombustible, on said easement,or so near thereto as to constitute,in the opinion of Platte River,a hazard to said Easement Facilities. III. Platte River hereby covenants and agrees: (a) Platte River shall not fence said Easement; (b) to the extent provided by law, Platte River shall indemnify Haley Land Page 2 of 5 111111111111ff1111IN11ONll1111111111!NI11111ill!1111 3571091 08/08/2008 09:32A Weld County, CO 3 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder Company against any loss or damage which is caused by any wrongful or negligent act of Platte River, its agents or employees, in the exercise of Platte River's rights under this Easement; (c) in the event the Easement area, adjoining lands and private access roads used by Platte River are damaged as a result of the construction or reconstruction,maintenance or repair of the Easement Facilities installed hereunder, Platte River will restore the damaged area to its original condition or as close thereto as possible, except for surface elevation as provided herein. (d) subject to the clearance requirements and other limitations as defined by the National Electrical Safety Code or other applicable governmental regulations in effect at the time, Haley Land Company reserves the right to use said Easement for purposes which will not interfere with Platte River's full enjoyment of the rights hereby granted, which rights include,but are not limited to: (I) construct access roads to adjoining lands; (2) construct streets and parking areas; (3) plant vegetation, landscape and irrigate the Easement,provided that any vegetation to be planted on the Easement shall first be approved by Platte River either by a review of a specific landscaping plan,or by the inclusion of the type and number of plants approved in Platte River's general vegetation policy document; (4) construct or install underground irrigation, drainage, sewer, water, gas, electrical or other utility lines or pipe lines that do not interfere with the safe operation of a high voltage underground transmission system or facilities. Platte River shall be notified in writing at least fifteen(15)days prior to the installation of any such lines or pipe lines; (5) conduct farming and ranching operations,provided that the mature height of any crops or other vegetation planted on the Easement shall not exceed 15 feet in height (6) install fences along the perimeter of or across the Easement; and (7) construct trails and use as open space or park area, provided that any the mature height of any vegetation to be planted on the Easement shall not exceed 15 feet in height. IV. Other Provisions. (a) Assignment, Benefits and Burdens- Platte River may assign to any person(s)or entity(ies)all,or any portion,of the rights, title or interests granted to Platte River hereunder. The benefits and burdens of this Easement shall be binding upon, and shall inure to the benefit of,Platte River and Landowner,their heirs, assigns, successors and personal representatives. Page 3 of 5 1111111 11111 11101 III 111111111111 IM MO IIIII Will 3571091 08108/2008 09:32A Weld County, CO 4 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder PLATTE RIVER POWER AUTHORITY Brian H. Moeck General Manager' STATE OF CD4oRA .o ) ) SS. COUNTY OF RAt3l 1.wi2 ) The foregoing instrument was acknowledged before me this 25 day of ail v ,2008, by Brian H.Moeck, General Manager of Platte River Power Authority WITNESS my hand and official seal: My Commission expires: al I c)2 ton' �� Ptt L VE(,4.s'i Ce ��i athA 4i 42% Notary Public Ss ftir cagy sns p N_ :3 kelp Is- �P�'r ''/�� OF �gig Page 5 of 5 11110111111101111111111111111111111111011111111111! 3571091 08/08/2008 09:32A Weld County, CO 5 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder (b) Runs With the Land This Easement and all covenants contained herein shall apply to and run with the land. (c) Integration The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. (d) Attorneys' Fees In the event of any litigation or legal action arising out of this agreement, the court shall award the prevailing party its reasonable costs and expenses incurred in connection with such litigation or legal action, including,without limitation, its reasonable attorneys' fees and costs. (e) Construction Whenever used herein, the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. (f) Authority The signatories hereto warrant that they have full and lawful authority to grant this Easement. n IN WITNESS WHEREOF, Haley Land Company has executed this Easement this day of 21711.--{ ,2008. Haley Land Company, LLC By_61*Z 44-9-45- Mgt- Name Vo#J k A/iht.E/ Title ////4.[476IL STATE OF Co/ore o ) SS. COUNTY OF We The foregoing instrument was acknowledged before me this 5 day of 1 y , 2008, by T hn R. HatP:t WITNESS my hand and official seal: HEATHER B. WARREN MyCssio expires: /01/e/20 ro Notary Public ��La�� State of Colorado • Notary Public My Corrmbslon e p res October 10,2010 Page 4 of 5 111111111111111111 III 111111111111 HINT III 11111 ICI 3571091 08/08/2008 09:3211 Weld County, GO [ • 6 of 9 R 46.00 D 0.00 Steve Moreno Clerk&Recorder Il ltr TETRA TECH • LEGAL DESCRIPTION (HALEY PROPERTY PERMANENT EASEMENT) EXHIBIT A A TRANSMISSION LINE EASEMENT ACROSS A PORTION OF SECTION 20,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 20,WHENCE THE CENTER QUARTER CORNER SAID SECTION 20 BEARS NORTH 00°12'1r WEST 2652.64 FEET,SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION;THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 NORTH 00°12'18"WEST 69.52 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66 AS DESCRIBED 1N BOOK 1553,PAGE 500 OF WELD COUNTY RECORDS AND THE POINT OF BEGINNING;THENCE ALONG SAID NORTH LINE SOUTH 89°58'21"WEST 25.00 FEET;THENCE NORTH 00°12'18"WEST 46.33 FEET;THENCE NORTH 28°00'03"EAST 52.89 FEET TO A POINT ON THE WEST LINE OF THE SOUI'I-IEAS'I QUARTER OF SAID SECTION 20;THENCE ALONG SAID WEST LINE NORTH 00°12'18"WEST 2298.12 FEET TO A POINT WHENCE THE CENTER QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 00°12'18"WEST 171.98 FEET;THENCE NORTH 25°54'I I"EAST 120.22 FEET;THENCE NORTH 00°12'41" WEST 1410.72 FEET;THENCE NORTH 36°55'07"WEST 87.32 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20;THENCE ALONG SAID WEST LINE NORTH 00°I0'58" WEST 1242.37 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20;THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 20 NORTH 89°22'02"EAST 25.00 FEET; THENCE ALONG A LINE 25.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 20 SOUTH 00°10'58"EAST 1242.62 FEET;THENCE SOUTH 36°55'07" EAST 80.23 FEET;THENCE SOUTI-I 00°16'58" EAST 1415.81 FEET;THENCE SOUTH 25°54'I I"WEST 114.60 FEET TO A POINT ON A LINE 25.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 20;THENCE ALONG SAID PARALLEL LINE SOUTH 00°12'18" EAST 2309.98 FEET;THENCE SOUTH 28°00'03" WEST 52.92 FEET TO A P01NI'ON SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 20;THENCE SOUTH 00°1739"EAST 40.09 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED EASEMENT CONTAINS 125683 SQUARE FEEL'OR 2.885 ACRES, MORE OR.LESS. CI Lie FORANDO ALFOFT •%H,INC. D TE BY:LEROY .A &0bl CI 1GRC 7 COLORAD.;; :�4SM N .j RVEYORNO.37943 SHEET I OF 4 19005.SUNSET STREET.SUITE I-F LONGMONT.CO 81501 TEL:303,7723282 FAX 303.772.7039 www.retratech.com EXHIBIT A (HALEY PROPERTY) A BUR®TFWal8610N LIE EASEMENT ACROSS A PORTION OF SECTION 20.TOV?79f'3 NORTH, LI RANGE 68 WEST OF THE 6TH PP,84CIPAL MERIDIAN COUNTY OF WELD,STATE CP COLORADO MIS -la o` ct f MATCH LINE I I SEE- PAGE.3 ( ~ooff '-'.1=11.1°. a y�` m CU o Mrso C �V m —de. • ��? m — __25' �a G., Shy ®rnc =mt.OQ a8� • i....1V0 TWO ail, �O� cc D _ `p1 C0 g �O N o W ' ' OWNER — IT3r-- HALEY LAND CO. LLC. Ve4� ^'- WC Z IN 6 g Scale: 1" = 200' 00N 6., 3 G-.cm N Z e D 3 w 3 a L --� ^2i N28'00'03•E 52.09' . 52:00.03-W 52.92' $ NOV 13'18'W 46.33' S00'I2'39"E 90.09' . 589'58'2,1Y 85.06' — ". maws i GW g NNOO.,2'18'W 89.52' COLORADO OEPT._PC 500 OF HIGHWAYS ___ ___ ._______________ or-MS, POINT OF COMMFNCFM'Nt SOUTH 1/4 COR SEC 20 T3N, R68W p ti TETRA TECH , Inc. SHEET 2 OF 4 • THIS EXHIBIT DOES NOT REPRESENT 7900 S.SUNSET St, Suite 1-F,LONGMONT,CO.80501 A MONUMENTED SURVEY. IT IS ONLY # TEL 303.772.5282 FAX 303.772.7039 INTENDED TO DEPICT THE ATTACHED EDESCRIPTION. JOB NO: 0004.08002.001 DATE: 07/09/08 REVISED i EXHIBIT A MALEY PROPERTY) A BLEED 1RANSIASSION LIE B.Bl EABf ACROSS A PORDON CF SECTION 20,TaWNOVP O NORITI. wins RANGE 66 WEST OF THE 8TH FfitICPAL MERMAN COUNTY CF WELD,STATE OF COL ORADO as `o 6� ea ay sts _.J =V . ..-_I..._MATCH LINE •I ....- I...__.- 'I SEE PAGE 4.-1. swum o ^m III sons re cN? corm V a m mini 6i--3 —52.M' ,d 0 O CD Scale: 1" = 200 Nc map S. —I` . --2L26 1St za moon O4 r °C vas cam �rn 125.88111 I +' r{] 125.883 C C7 m x.865 AC �8 0 4 NER 'v i°: CORRINE A LEWIS & THE OWNER CORRINE A. LEWIS FAMILY TRUST T ." REC. No. 2911371 : HALEY LAND CO. LLC. N r b/hi E o 2 • 2 N 1 I A' X22.16' / 3e laws KLx yaw Iyiaa WOW! re Art CENTER 1/4 COR SEC 20, R Jlj- T3N68W L L. S r m N25'54'11'E 120.22' I^ �5'54'I 1'Y/ 119.60' le I 1 I..._MATCH LINE...I... .... . . ... . ... .I_SEE PAGE 2 I ... R LI j Illt TETRA TECH , Inc. SHEET 3 OF 4 1900 S.SUNSET ST., Suite 1-F,LONGMONT,CO.80501 THIS EXHIBIT DOES NOT REPRESENT s A MONUMENTED SURVEY. IT IS ONLY 4 TEL 303.7725282 FAX 303.7722039 INTENDED TO DEPICT THE ATTACHED i DESCRIPTION. 3 JOB NO: 0004.08002.001 DATE: 07/09/08 REVISED EXHIBIT A 01ALEY rnon9MT) - A BMW TRAN86S9ON LIE EASB.80T ACROSS A PORTION OF eE ll1120,TOWNSFr 3 NOFT111, —' o RANGE 68 WEST mom_OF rHe 8mom_A mum OF Wag STATE OF COLORADO men �� Y 1 6972'02'E 25.00' 1nr ==C3 ___771.... NORTH 1/4 COR —`•CR 32— ^wpm -S EC 20 T3N, R68W • \ MERV d -- 60' ROM EASEMENT • 50 NORTHERN COLORADO WATER CONSERVATION OD OK 06 PG 273 �_ MHO EASEMENT REC.NO. 7481201 8 N • ...�p Ir. p p 0 Imo OWNER =d o MEAD PRO('ERTIES LLC. p RFC- NO. 3452166 ' T 11 ' MIME—O d. 1C r On —• -26' C71 r-p ah O / Scale: 1" = 200' =E"1 .5 in• 2 ' OWNER i HALEY LAND CO. LLC. 2 • OWNER -, ss 1 MARY ANN k RONALD W.MOCKER REC.NO 2724634 -it a / 3 I 5 3 I a 936'53'07•E 80.23' I • E 343645'07 87.32' $ MATCH LINE II_. . I SEE PACE 3...1.• ._.. 'a I I . 3 FL o g wit TETRA TECH T Inc. SHEET 4 OF 4 THIS EXHIBIT DOES NOT REPRESENT 8 1900 S.SUNSET ST., Suite 1-F.LONGMONT,CO.80501 A MONUMENTED SURVEY. IT IS ONLY - TEL 303.772.5282 FAX 303.772.7039 INTENDED TO DEPICT THE ATTACHED DESCRIPTION. JOB NO: 0004.08002.001 DATE: 07/09/08 REVISED # 35— ifl RA \` g ' _ G r� t 82■q 4 'j'Rl R A^G III ill R �■ I ---- ---- } as If/u i o ¢*I E l'a P.i 3,6 !Id. j !R; ;aAi; L 'ir i4 p5 x i S; ,:. IAA l _iaX !Ix AI _ ; a 6! iaii IAi \\ 1 1:.A IA 6� . a 4,->; AS 11 : .9 '; g-P "g $ A144 li-'- x \,I _ `, "�l� 611 +i .. ;hill' I;i ii 'E ill P;4 3Q A ^q RYR a� .. - i d.scf w.•..pcw $8 $`5 R @ 5; : . IS ex A 3* ev on rw3) .ust ...•sppo• R. 6e E.,. : ° Lb:I!! -ii °e RA- A_= gap ag ;'d 64..C-In -IPA 3 c i= \ F;fS ;. l 38a.Ii 1p4pF t;i pi a# !I1 sapa a �_ i 5 " ;11y E A �� pi^'E V :? 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( Of c ..i.a. er c,~( I- -X --"�- --- ....7.'".:.,.... ..miaow 1 Oa. ^ �( 0 D n.r a l N 3 E ( /� I I I '1 --1 E t?ce yyS 1 ! 4 -3 4 ,----i°' I s S i� -�€pia +� Pi i ) az« ' E -, 1l aI i f - A t �{i�,;a c,r a ?/ Sa p A ; I y 5qs aq ?,' Pig y a rrLL MI 6C e_"11i y# ,11 r I. aa; lifY�iYitl aA �• , ' i 8 � _ ti I ��y y-y..: a .� /' ..ncar•,u.. A 7� iT iu ,,try 4 , ppsp 1 ~t iII'I�0'7'� ray fr ��+• g s; :I E pi. , A ,5 ^c it m r... / " i rill 46 1 �.. r IV•T�4 =JRRC_2••Jr— _ __ .v.cac laiM \ 7 1 ap^ 'mod ma=um; 1 9I!I - °- / Ei IIII Ry ril ie="e >i I 911 SCALE. RrcvXMa RCVISED 05/0e/o7 kAl !1 UW�`�'WL�� SURVEYSNC r pie 70o POUNOMO iv�CO MO DL Il Swfil� 1 Of 1 REVISED °R"1� • XI#.0. Dr3•A DAM Itnef -OpA.4P1°In ,w«a V,1,•r aac>a r+.na•usi a ��l B 1117 REC 02058722 06/26/86 12:32 $24.00 1/008 • F 1777 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2058722 NOTICE OF GENERAL DESCRIPTION OF AREA SERVED BY PANHANDLE EASTERN PIPE LINE COMPANY CONCERNING UNDERGROUND FACILITIES PURSUANT TO C.R.S SEC. 9-1 .5-103 (1) (1981 ) Pursuant to C.R.S SEC. 9-1 .5-103 (1 ) (1981), Panhandle Eastern Pipe Line Company hereby gives notice of the following information: 1 . Panhandle Eastern Pipe Line Company owns and maintains underground facilities within the County of Weld , State of Colorado, for the purposes of transmission and gathering of natural gas. 2. The general description of the area served by Panhandle Eastern Pipe Line Company within the County of Weld , and State of Colorado is as follows, to wit: (See attached or accompanying system map and list of sections, townships, and ranges.) 3. Notice is given that Panhandle Eastern Pipe Line Company may place additional underground facilities in the future anywhere within its general service area described in paragraph 2 above. 4. Anyone concerned with the location of the underground facilities of Panhandle Eastern Pipe Line Company within the County of Weld State of Colorado, may obtain necessary information regarding the same from the following person or persons: Name: A. A. Smith Job Title: Area Superintendent Address: 635 N. 7th, P.O. Box 127 Brighton, CO. 80601 Telephone: (303) 659-5922 Notice is further given that in the event said individual is no longer so employed or retained, contact should be made with that individual who occupies that job title with Panhandle Eastern Pipe Line Company. SIGNED AND SEALED this j,3''`"' day of 966.724. , 1986. PANHANDLE EASTERN PIPE LINE COMPANY 4W ' Representative�7 / Senior ig W0141.2 - • B 1117 REC 02058722 06/26/86 12:32 $24.00 2/008 F 1778 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this Z3tc.day of v�L�� , 1986, by ShanY7fl _{. P-fo-ker Pan ah ndle Eastern Pipe Line Company. '\S :.H.,kt• � WITNESS my hand and official seal . zips .........•••0.- '. Notary Public ",,,,: oFcov,..•`° My Commission expires: April 24, 19$E3 Address: (n35 N. 1'lh- I4' 009hidyrs Ca 806011 ; 1019R/pg20/gw B 1117 REC 02058722 06/26/86 12:32 $24.00 3/008 F 1779 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WELD COUNTY Panhandle Eastern Pipe Line Company has buried natural gas pipelines in the following locations: TOWNSHIP RANGE SECTIONS 1N 64W 3,5,6 1N 65W 1,2,3,4,5,6,7,8,9,10,11 ,16,17,18,19 20,21,28,29,31 ,32,33 1N 66W 1 ,2,3,4,5,6,7,8,9,10,12,13,14,15,16 17,18,19,20,21,22,26,27,28,29,30,32 33,34,35,36 1N 67W 1 ,2,3,4,5,6,7,8,9,10,11,12,13,14,15 17,19,20,21 ,22,23,24,25,26,27,28,29 30,31 ,32,33,34,35,36 1N 68W 1 ,2,3,6,7,8,10,11 ,12,13,14,15,16,17 19,20,22,24,25,29,30 2N 63W 5,6,7,8,9,18,19 2N 64W 1 ,5,6,7,8,10,11 ,12,13,14,15,16,18, 19,20,22,27,28,30,32,33,34,35,36 2N 65W 1 ,2,3,4,5,6,7,8,9,10,11 ,12,13,14,15 16,17,18,19,20,21 ,22,23,24,26,27,28 29,30,31 ,32,33,34,35 2N 66W 1 ,2,3,4,5,6,7,8,9,10,11,12,13,14,15 16,17,18,20,21 ,22,23,24,25,26,27, 28,29,30,31 ,32,33,34,35 2N 67W 1,2,3,4,5,6,8,9,10,11 ,12,13,14,15, 16,17,19,20,21 ,22,23,24,25,26,27,28 29,30,31 ,32,33,34,35,36 2N 68W 1 ,2,3,4,5,6,7,8,9,10,11,12,13,14,15 17,18,19,21 ,22,23,24,25,26,27,28,29 30,31 ,32,33,34,35,36 3N 63W 19,21 ,28,29,30,31 ,32 3N 64W 2,3,7,8,9,10,16,17,18,19,25,30,31 3N 65W 2,3,4,5,6,8,9,10,11 ,12,13,14,17,18, 19,20,22,23,24,26,27,28,30,31 ,32,33 34,35,36 B 1117 REC 02058722 06/26/86 12:32 $24 .00 4/008 F 1780 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WELD COUNTY (cont) TOWNSHIP RANGE SECTIONS 3N 66W 1 ,2,3,4,5,6,7,8,9,10,11 ,12,13, 14,15,16,17,18,19,20,21 ,22,23,24, 25,26,27,28,29,30,31 ,32,33,34,35 3N 67W 1 ,2,3,4,7,8,9,10,11 ,12,13,14,15,16, 17,18,19,20,21 ,22,23,24,25,26,27,28 29,30,31 ,32,33,34,35,36 3N 68W 7,8,14,17,20,21 ,22,23,24,25,26,27, 28,29,31 ,32,33,34,35,36 4N 63W 3,4,5,7,8 4N 64W 10,11 ,12,13,14,15,16,21 ,24,25,26,35 36 4N 65W 1 ,2,4,5,6,7,8,9,10,11,12,13,14,15, 16,17,18,19,20,22,23,24,26,27,28,29 30,31 ,32,33,34 4N 66W 1,2,3,4,6,7,8,10,11 ,12,13,14,15,16, 19,20,21 ,22,23,24,25,26,29,30,31 ,32 ,33,34,35,36 4N 67W 2,3,4,5,6,9,10,11 ,12,14,16,17,19,20 21,22,27,28,32,33,34,35,36 4N 68W 1 ,2,3,4,5,6,10,11 ,12,13,14,15,23,24 5N 63W 20,21 ,28,29,32,33 5N 65W 26,27,33,34,35 5N 66W 18,19,20,21 ,22,27,28,29,30,31 ,32,33 5N 67W 5,6,8,11 ,14,15,16,17,19,21 ,23,24,25 26,27,28,30,31 ,32,33,34,35,36 1019R/p922/9w B 1117 REC 02058722 06/26/86 12:32 $24.00 5/008 F 1761 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • - Lys �n.`,p•-'c•. .. ,: may a - ' - ' L -•,b Z-t x w{^-.. _ , x I a s. • . ' ..:"• a .it. • x • • 3 it _ - 0. ` 9.Cl ^ t- 1 x . C 3t \ k I ' . ' I • � H • I , l a I 1 T a I. Ot. lot ' a . _ (r` - I t, a - - I i .I3�". r I t - �u _t• ;. _ I ] • 9# -- I • p`ini 'il -ci ,:� [ t icti • pine . i .. • 2 . t I • I y�II III :i t y a• • I I •.. ir• .^ .I &i - ...- • .' 1+ 2 ' is !- i'h . :I .•_i • t:l — 'f; !I. t!c7 •.Milli,• i• 1 :: sue_" !hi!. , ; • Zia f. 1• ••• • " 1 k',l 1-M." 0. ; '.I I •,. ,j. a • lit f � -i iv Ill' � i �. ` \ �� j. I ;•d q• r:FYII ' N. I II H • ,-,- i r-x 'I-i k_ tc. '51'• I!-t: 3 Li' -t 17 .1 I!', •• •is . bl .I 11 h 'It!" -ii•ir''' P- I I - I `°. Id: , ,,\ I i!. • L.L. pl ,i• t •i •I! •I f!Id !tL _ •1 r,! . ;' 1 i e• �i •'e/ •�.; ..'�J t ,i 1. t N N II !-i u • t - ..._ •I L• 121 • Z•P n I • I11. • 41 1 4.1_ '. . i • • ' I t•_l , Ic ; !N , F •, �;:. I e " lc' I �! a 4 B 1117 REC 02058722 06/26/86 12:32 $24.00 6/008 • F 1782 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO / _E _J a kL e fly ° ' 3, :w. PMl •, I°. a "in r 2 .�� Sic >_ • : ✓�.. ... • 2 r 2 . t 2'. Ns) c' a: at; I • . •Y S P _.JI7 • T _ I .. �T _ :I II h,d. I I 2. .J.t. , . i , • I • \ I 2 . iI ! . in milI. , ■�a Ip R 4 L I 1A' ..3�T• - NZ i \I = I' I F .1 i�,• t I .,•.�1 • y .2,7 �'+�.4•tJI I ; 7, ` ' J• I •J• Y. lb, '•I"_ It'I •' I' J'�t f1! f��i , • !`^ 111 1• I I •:--r. 1.. I - B 1117 REC 02058722 06/26/86 12:32 $24.00 7/008 • F 1783 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • t N. ' lc ' 1�' t tf 1 ' -t; • 1•}., i _• 22 1 • t :It• 1'• 1 :. .. • J 1 •-•r• !••i I: {'• 1i ' li 1 ryn� • 1 �:i? III Ij' ° _ ,.-! ••i :;� .1 i' ' 'atI-?•• x111 'il"III r` -I�i•1• -t'i;c''• r ' • vela 'I„'I: 'I ' i,l.[!1: 'f ll3i iL i i• �` ' `:1 I _ 4 rl i �• ' f',, ` > ch . l; ' ✓' :I t ' - i;' _Li. 1]` ° k i.. .i t- �1 — 11 !"_ • • Ir ,i r ti tr5 t! 4f •6t" Ill 1! 1 I�i �1 -,. ;' i •••••• • ,II ; '.1'p "• :9 I{1 . 1 el• i.. .47 •~".�. 1 C -.• . am I :74 '24.; : .i. it '.y,.r li ..`/ '.• i._J• b •ql i • q: r f''- 4 • ,E 1= ;� t ��: sali .i 1. i. tea; «l ' ;,..• I—•f :.�I '' 1; 1; .^. 1 • 1, ii .: i . , - A i' :11 ✓ ' _ i:' 1q 1I 1I ' 'i ` ' F 1 '• !i'.'1.,''K`.:'1. 'rit—1.-1212:'i;i :°i Y' ^}.• . ii ?ir` --r� -• r.•_.;'11 -I 1i 5..• In i y Sri ' - • ^i � t;'.+•�. : • • ]�11i : y. ' I Ilr Z I ,W,-41 • ' e 2:C 2), 1 . S re�._ 1 :j •.:_� ,'1 a . 1 1 i I• I.. r1 !t - il1 .t1 11 ;ot1CHi , • :� r i lI hI •1 I.I i ...r ; I:. i• :iV�i• I!.'.i; : % •'i . '. ;` ;17},1: 1 • ti• ? 11 . I I 1' �' J.• el 9:1:57...:I.2 I I 1:04 :L• ' ti Ili �, I:i; •;:- I'I • 1' I ' I;I ii.l� ;r t`1-}Ic I '.i4r. 4..� 1' ., 'i, .z Val• 1 -1'.:I '' I____�• cif ' �� • I IC':.,, ;'i r-t' ij a !': ?, i 11:• n1` i.. ç '4111 It' 41! j.11• li ( 7 :•',.i• L' t ii I- " • 1 w. ii 1 I • kr•1• W j';p l• ly •�I I i - 1 -• .l 14 i 1 1-13 , yI t:II II 'II �• �1'�/'I] •,'S%I i .. • 1 : 1 Ia �'�-• • 11 'i•' ;rig,:' �y a . I•,,,....,,,, , 1 k,. �i •11: C •. is :_. :1• tip p••i, ..:ti.r _}• i _ I: • I - et-Pm. ;t _ • i t. :: :• '. .s i i f:. i . i � 'Ji.. I I-,I i ,, f -- ,.' ••-•-717r4 , i . : . ,i . 1� •- '� ,'"'i,' _. '- -1 '1i • 1_•! Gil '�i! ?'i it.i .�, I I .I t • `L '•-•.� 117-71.•"•—•• 1 I I metal ' - I`'�-11� I ••• i _ • ' . `- ..° •' ra c ^`' -I . J I y:1 is 'i: •'- ^I I ^fl ,� I ! �I 13 _ 1 - el _ h•-I 1 a o i • :� • 4i looms l, f e 'I = 1> �"""'_J, I,� �. �I3' + ,ir _ ... �!"I fly"., if' L', 8 — •: t. a • 2.1'q M•: _19: �r1 I B 1117 REC 02058722 06/26/86 12: 32 $24.00 8/008 F 1784 MARY ANN FEUERSTEIN C • fLEERK & RECORDER WELD CO, CO i, iCki ii f _+ i ar i ti i ., , `•1 .i.}• 1. •l I,;��i:•I �: 1 i3 li it / ±. , ..._..._ t; i tia 1 I i', f icii:' i, ,:I — i• T : + a\ :i t 1 : c ! I`_'••' i ;�.I an ��I a` .• •l.• •,•W it `.S y . i .. .+ I m ' I \ ♦ ! 1k !• • • ! ilk. •r i ;. _ II. , 3 !r, Z I X % 71 . .. ••f, . . / :'r. Dr II � r G t i i Z EE i 9-4! f li . ii !Fr, ! T I I i3` Cli ; I : I• _ , `` :' is �s • 1 • t 1 • • •-'1, 1.• lid-Ji1'i1I t• �` •• `� --reT\ °fib - I3' ai t I. H.E •u ("' 2 / .. k• a \ t. -t t' i. I 1 •1 j Y• j riy • .EI ` `1 • I ,i --•-•4 i. 1 • 7 ';_ E _A • -IS . 11 1 ,1 �L! '.� I I ::I in' si i •r , i' s i LB• J1LQJ� . $ • \"off v 4R2239291, B 1288 REC 02239296 01/24/91 10:16 J10.00 1/002 F 0506 MARY ANN FEUERSTEIN CLERIC 6 RECORDER WELD CO, CO NOTICE PURSUANT TO §9-1.5-103,C.R.S., CONCERNING UNDERGROUND FACILITIES OF UNITED POWER,INC. Pursuant to §9-1.5-103, C.R.S., United Power, Inc., formerly Union Rural Electric Association, Inc., hereby gives notice of the following information. This Notice amends and supersedes the Notice filed by Union Rural Electric Association, Inc.,on October 5, 1981,in Book 949,Reception No.1871004,Weld County records. 1. United Power, Inc., owns and maintains underground facilities within Weld County,Colorado,for the purposes of transmission and distribution of electricity. 2. The general description of the area served by United Power, Inc., within Weld County,Colorado, is as follows,to wit: All Sections of Townships 1 North and 2 North, Range 63 West of the 6th P.M.; all Sections of Townships 1 North, 2 North and 3 North, Range 64 West of the 6th P.M.; all Sections of Townships 1 North, 2 North and 3 North, Range 65 West of the 6th P.M.;all Sections of Townships 1 North, 2 North and 3 North, Range 66 West of the 6th P.M.; all Sections of Townships 1 North, 2 North, 3 North and 4 North, Range 67 West of the 6th P.M.; and all Sections of Townships 1 North, 2 North, 3 North and 4 North,Range 68 West of the 6th P.M. A map showing the general service area is attached as Exhibit A. 3. Notice is given that United Power,Inc., may have underground facilities or may place underground facilities in the future anywhere within its general service area described in paragraph 2.above. 4. Anyone concerned with the location of the underground facilities of United Power, Inc., within Weld County, Colorado, may obtain necessary information regarding the same from the following person or persons: Name: Monica L.Hansen Job Title: Right-of-Way Specialist Address: 18551 East 160th Avenue,Brighton,CO 80601 Telephone No.: (303) 659-0551 1-800-468-5809 Notice is further given that in the event said individuals are no longer so employed or retained, contact should be made with the Engineering Department at United Power, Inc.,at the same address and telephone number. } SIGNED AND SEALED this z./ day of atrtheary ,1991. UNITED ERR IN David Dunnell,General Manager STATE OF COLORADO ) ss. COUNTY OF ADAMS ) _ The foregoing instrument was acknowledged before me this 21 day of Jnr:;ia,� , 1991,by David I.Dunnell,General Manager of United Power,Inc. • WITNESS my hand and official seal. ////�J "� p ZrTA Ty r ot�ry P lic O; � il ciMi%perrnAsion expires ti—zq-9Y • op 60LL 'i..r.:ruan:n.:n,. P a i ik- .11 !lip...! .e. inflow'❑Lll _ W ul au yl it —..lp WELl CO . inn t� •_ I fln"' '> ° %' ° s , n - N QM ii 0 co e - p a pis Pt -� z � y n�nnnn :� nnnl z z gi :-I nnn;I z :r:;' ' �. N zN _p nnu nn, ��►L.�'Ifa� .. .4mwunl .. Z C. y i tri O nnn' nnn�n CO M y " C3 I-1 t1/42 nn�nn� cl p p ,• I . N I- `� �nrnnnu e ■ �:�nzn!-1111F nn n` y ° z y n �= pc. z o oo _ - rn p _ CEO - p �rnnnnnp�- O` _ o!� nnnn = ■ a co L,• nnnnn ■ --1 • n�•.- - a - i 11, III ,1111,.1 ;,. .-- -- pi Jz9 nnnnnnn 9 .z ;1= y 12=RJ ............................... hhhhl nnn 189.9* z' ® AR1676927 B 0958 REC 01878927 01/05/02 09:00 $13.00 1/002 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO • December 10, 1981 To Whom It Hay Concern: Longs Peak Water Association has potable water lines In both county rights-of-way and private casement in areas as shown on the accompanying maps. These lines vary in size from I-Inch diameter to 14-inch diameter. The lines are generally between 3-1/2 and 4-1/2 feet deep. 101105 PEAR WATER ASSOCIATION • It 11:? LIT HIGHLA y��£,.'_-W LAKE'\ • ) E 1 II11 P I MEAD �/ /I G ( RES �{�4 / LANE MARIE rt\- -'.\\. A pli �� -" \ (r)^,!\ G/ ZIMSECK HOLT FFFFiiii RES, RES. 1 6 a. 12. is i ; \ C J / . CO Pa Ml \ E MHLUGAN RES. JTill l LORES. HIGHLAND ��.1`� ® BI }}t�J I RES `P 3. 23 5Y S ' 3 _____— 4 f i AYA1' '- ,�'I C HWY ji-^'r -S.; i i1 1 -/C 5-y v t.EW d 27 P a EC • /� �fiYIii SANBORN `� i �f ` �... c • ▪` A RES4. // 1t N O NW _ /try .III\NOR H Is k '/ M _ I f (if ti p 5C ALE 1'.WOO. ~X rflf• CA RA .16 .II l' F.: j es II \tip - - rc.l. cT1TT r/litA.. - .. P_l..a.G.vn _:I ":I. • 7.:•3 tl_____ 2 I I I II - I R69W R.68 W. 1 II 6 I .J 1 J dF ; o ...4-' tea. ter.: A y _x f -< WALKER I \ - III • R -gym =£.6wuron n� I e R• ` I `�' le cl e a chi \\l. �E v1 glr� rr� -e \\Npr -r-fl __ y ' F �I U I n �- a �,'n R _ L £� gtl'L I F " 19 i; I ao / / / /// I \\\ CALKWE �•- / _i;' 1 LAKE N• • s i I I 5 ,„ I . .. / c kv,//% // l j ---____..-.--7— i R 69 W R.68 W .. I1 �- X270 W.r R 69�hS' I CJI HIGHLAND I •G RES ' • I �BEL LNIRE yy I - .� I RE5. I / ' V�J\- $ CRYSTAL I II <3 LAKE IL KNOTH 'c I JI u RES. I' � ,,7TRT IC I b� J -- I YWOL1�0 —MA __II ; {• II I I 11 _ s;, I ' I I Imo" I'` '- - '21 . IIF--o . 2w,...:.______..)`� i 77 J -- , ,r - CLARK ". >' h il 06c2n\jr) I -,m, Es . J 0. Ra14M I \ 1I 'vi I � Z Ii4Uu 'n" "4 LR °I I I ° O tI '1 �,:,Ra: , r,.....4. ter- -7-_ �.i • • E • -t -1� — N C z Z f I • r • 1 I • .0 75 Pi Sr. u f o IT y D 1 v c �I /_ 1 `1 a" Z I /1 (0 iii /7 / 1 /$ 1 1 4, . 1 iifrsnrl Ii.9 f,,L' d: Si si, S I —_.__..,=1, }.` I. � r \-\\.. I\ ' ' \\ I \ 47 \ \ \ \ if 1 \--;\/ YU• JS fil Sr .` ! • "nil i .7J E. `� ' •\ f.. -. \I lill9W+7.3-37,'nit. gJ•C6;.• IFy`: -ai•!r .. .. ;M..,:f ',tl:r i:1:IrA.. '.)Y.� f 4t,1:I.i•i.�Y. ..1k♦ ..t. . L. a.. r Si:h),`l .:i::; }ai:.ai::;ti,: °j� h: at:b�.(rt e. anS�""•,�'. •:,yti<:41. . = ';: a 2ifif. $r 3. .t1.:r• :1:�;) '.''' :�:� .:i,` .9., `.I •:;J.:.,'f';}((,i 1. :J. L}.I •`;J,Ticl, e .:,•1..i% .rr.eiN h1•{:• {'2t i:::1 ,:I..i4 •. iiiidf�,.v;:^:Pia' ::.,''',, �iati_lGi'S4,�"C, iC}aG '.I hAi'•Nh{:�#!'f:rly'.�f�r.Y.i�r,`..iS',:!�0}, :,;.1:e• 71.s `i}, rrit ,..4.t vi: vtfilzd�:C i=0iw°r}^'j:Y+y :.clikntt be:'�snl;C Y""1. ..[JlJ: l`'k}.,i :i�iC.V.4:,''-•,'j G..?i ,' ;r!Y':ilYr. ':;i,, t .�'i5.f t:i}[a<'asli.'1` ,�' .1,.,r�.ai�(:/r..,::�y..... •c�, '(y;'i'�;).�;ti yy. ,.ss.- ^p a'e '-Tt ..p ,+`.'n.. ps,.:a.'ii.j7,';.:;.f.i . °I� � nJ,�" l �- '�}"ti'. �=h¢. ( t :q.6-" ,- t •Y:aJ.i. !, ./:'b'..Gl: y� ',<r1.ltlt�}l'I Kiting TeRtw . iy..,1:1 - �..,- rek •: 1'{C . sly 1:4.{ [ s trig?. [ t i r. f'ty. t h( [ SY L'. . KiJ,vl:93. .r.'a 4-y'ys y�[ r mr. [ �1 S it/ T4.11V r 3 - �,ist Y' .4';`V 1 i.'.. 01%A.i: t� t.:z t•p .,.„ 1,k,..,..,yr te• 3` r v,� 1 ,,440..-..k, ;ILL.,: .44IS 4o,,a ,kc-3'...2 T,--.-,. Vti1.?Y.rj <T t t ykir„ 41, - h e.1 ,} !. T y. i ,}.i" �.?S'{h'n. . ,f c..1.i t �''li r se 1 R[9�' J hY;.+ in • tJ'ry(r]t'in4�^�{((,t"� • li��(l!� :i0 kfr. T ? rsa - y: i reli FTpa=„(4' fi1h+3 ; ��jV`.J�eJJyyAA ,fi : ,y�' f:�E �LIIi`:r 'ja: a 31>:XSEs :lx�.(F4i `i. J4i / ARLA78927 B 0958 REC 01878927 01/05/82 09:00 413.00 1/002 MARY MIN fEUERSTEEN, CLERK 6 RECORDER, WELD COUNTY, CO 4 ARLB7917d D 0958 RE1: 01879(72 01/06/82 16:40 40.00 1/007 4iMARY ANN 1EUERSTEEN, CLERK A RECORDER, WELD COUNTY, CO Oi ss 1 3 A. Y i! V, December 10. 1981 - 4 :f To Whom II may Cancan:: lungs Peak Water Association has potable water lines In Loth county rights-of-way and private casercnt in areas as shown on,the accompanying naps. These lines vary In size (ran I-inch In diameter to Il-inch diameter, The lines are generally hel,.een A }-1/2 and (I-1/2 feel deep. LOURS PEAK WATER ASSOCIATI011 R. . T _ HIGHLAN yytc• �_ G LANE 1 \ o � n u : MEAD J / RES. ;� LAKE MARIE ,1 Is � v _ 1 ZIMEECK HOLT n :i I RES. Ris E5. e r. 0 ti J1 I \ a MULLIGAN RES. R LOGAN \ 4 HIGHLAND � •---A. RES ® e sz II )\ MI RES. \I n as -' i; `R - l _ Fi �.M1O.r S E ii / 6 y "�' ed ro- 29 •to 22 e- O tee° A~ • sa x . GT{u Til ..RES, /((^' RANSOM 1 r\\ '• l f" S ...€ y RES o z nz *za r u a 41 UNION - � -' )65' \ NORTH 33 w >s > J SCALE I'•1000' e l b.; t i f:^" ',17 1-_ / ,.. ... 111 I'. (- to Gl y Z, // f0. FO. 2 an- T - h f c f .—J - ii r _— - ._ _ =._ T.3 N. I Es L'r pNc5` ��` _— T. 2N. r----. ) I • no, .er..n....,...,.o.,o,Noroonoolonl: • . MASTER PLAN r ea:seise Awe.ymnamiconiAnarr•we .. . • Rya W. R.68 W. 2 II YELLOWSTONE RO_ 1 lr it} I I .Y AlE-it „JEFFfoxy— I _—E. ,- sl—� j 'z o- FA ra r ^i° cm7i1-E n' •Y I ICI 1yu-.. Jc z . 1 \ '� �'—I'�� _A IL 19. y. r' f '+c£a �ao x u...w ITIt .s \�. b ... 9_ 74'....k.., /r//// • ® fb Ty' ��jn / fas aERm&a • o^ II�. 7� .w'+::Y�' . '®}I+- 9 o— J --ice__ <_�!.. ^' _; J y3'65ar t.��_— G i�.rR... „a n� \r—,.\\/____ • 'I -401i �. r r 44'4 a re 22 I-' '_,.-- II VI 0�a E' F' . \�\``yi 11 IIx� I E.1 E. a? s :M F. \\+.1'kma «� F F+i =I 4 I p,q/ . �—f3 ,`is,„ II I ! b6'i 1L 1 9 II Ilr ." /.ea a Kr / .. p i I. i el Elr-.--;----- —.12= s yl'/ , / .n. -I^ - :s E-�i%�i x wire '•u Y'� 15=2 4 30 C I /iII rcl‘C i%,/ I CAlNIN5 �, ! j / / \ ;"N LAKE x • <-). -\ / Ai 7.. / �/ � I I I UNION /' 01 .: lc 1. RP. \ / / it i"T4• -2,.. LONG ON ��T • v. ii �( c . y • 1' • \' . \ . IN L \ • I J\. :ur. iL+•y� � i v I M tf m • m I , I ` l4 : i (t70W R69'W E I - . I 1 NISI-LAM)* n2 aE S ( ' -- E+ \9ELlkiIRE �uanremt r -- � V� I p • a -R CRYSTAL I I c KNOT,*S/ C I FEI ��, II i I f� /. 121 _;n IIi'�.. J I II I I ' ..a..) I (41.‘_,-,&,, , ,., .,, I ,. I ....______1 „„.„ ,,, X ,z _ .,_ I ra. ' \,„ i.s___e / I 1 J—.� 4A_ON III /) I1 1—'47 IEG.' ' ,,,__;" I \ .,,a o'„ 'ism I tt II _ iwe z rood %; 'I ii 1 -tom . I -�' IL_ -‘2,[r 1: -0--E _`I r`_ , I AS / am wr.:[fft. `lr`tiF..W.. i? ...4 Fl YS _' c11 ^''titirr• NI ..�•A..: C — u z� 2:73 ,.l zL a .� '/ / // I // Ti. ,: T.3N. zip � //� / -- i \ / r - • z.•-_-_=-=_-_ r. I Q ti lY LO IRP ONT D Li L._ . ; 4 it AIRPORT c TITLE COMMITMENT FOR SUSAN L. HALEY PROPERTY Haley Land Co. LLC February 2010 133-27364 rM stewa t title Stewart Title 1801 59'"Avenue,Suite 203 Greeley,Colorado 80634 Phone:970-356-5573 Fax:970-356-7058 Date: January 14,2010 Order Number: 13482-C-4-up-dated Buyer: Seller: Susan L.Haley Property Address: 14991 5 CR,Longmont,CO 80504 Please direct all Closing inquiries to: Please direct all Title inquiries to: Paul Muchow Phone:970-6694071 Email Address: paul.muchow@stewart.com SELLER: Susan L.Haley 14491 CR 5 Longmont,Colorado 80504 LISTING BROKER: SELLING BROKER: None None We Appreciate Your Business And Look Forward to Serving You in the Future. ALTA Commitment(6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: -1- Qh-Q�.1.P-na CVT Authorized Countersignature Me guaranty company Senior Chairman of the Board Stewart Title • 1801 59th Avenue,Suite 203 Greeley,Colorado 80634 ti.� ., Chairman of the Board Phone:970-356-5573 Q Fax:970-356-7058 '1 g*f l �j�i inec President Order Number: 13482-C-4-up-dated ALTA Commitment(6/17/06) 11__1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date:January 4, 2010,at 7:30 A.M. Order Number: 13482-C-4-up- dated 2. Policy or Policies To Be Issued: Amount of Insurance (a)A.L.T.A. Owner's (Standard) $TBD Proposed Insured: TO BE DETERMINED (b)A.L.T.A.Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Susan L. Haley 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: Statement of Charges: 14991 5 CR These charges are due and payable before a Policy can Longmont,Colorado 80504 be issued: TITLE WORK FEES$450.00 Order mit 13482-C4-up-dated SteWa ALTA Commitment(6/l7/06)-Schedule A I ` Title Officer.Paul Muchow Ube guaranty company Page 1 of 2 SCHEDULE A LEGAL DESCRIPTION Lot A of Recorded Exemption No. 1207-20-4-12E-671, as per the map recorded April 10, 1984 in Book 1026 under Reception No. 1962394, Weld County Records,being a part of the E1/2SE1/4 of Section 20,Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado LT CNuommitment t1e482-C706)— ch y.� ALTA (6/17/06)—Schedule A 'a ` Title Officer:Paul Muchow the guaranty company Page 2 of 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE B-Section 1 REQUIREMENTS Order Number: 13482-C-4-up-dated The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s)of the full consideration for the estate or interest to be insured. 2. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. 7. Release by the Public Trustee of the Deed of Trust from Susan L. Haley for the use of Bank of the West to secure$640,000.00, dated June 22, 2007 recorded June 20, 2007 as Reception No. 3487034. 8. Deed from vested owner(s),vesting fee simple title in Grantee(s)to be determined. NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: Stewart Title Guaranty Company reserves the right to add any additional requirements and/or exceptions it may deem necessary upon learning of the grantee(s). Order Number:I 3482-C-4-up-dated stew art ALTA Commitment(6/17/06) Schedule B I VV��VVV��rrr��Y{{�..��YYY ��... l title guaranty company Page of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B-Section 2 EXCEPTIONS Order Number: 13482-C-4-up-dated The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession,not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing the public records or attaching subsequent to the effective date hereof,but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims,reservations or exceptions in patents,or in acts authorizing the issuance thereof. 7. Water rights,claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. Right of way granted in instrument recorded July, 1883 in Book 14 at page 571. 10. Right of way described in instrument recorded March 22, 1906 in Book 232 at page 357. 11. Terms,provisions, conditions and reservations in Special Warranty Deed to the Department of Highways, State of Colorado recorded March 18, 1960 at Reception No. 1325664. 12. All matters as shown on the recorded exemption No. 1207-20-4-RE-671 recorded April 10, 1984 at Reception No.01962394. 13. Easement as described in instrument recorded January 7, 1986 at Reception No. 02038185. Order Number:13482-C-4-up-dated ^`�j ALTA Commitment(6/17/06) Schedule B 2 I V1E Page I of 2 title guaranty company Order Number:13482-C-4-up-dated C7-L�AI t ALTA Commitment(6/17/06) Schedule B 2 guaranty company DISCLOSURES Order Number: 13482-C-4-up-dated Note:Pursuant to C.R.S. 10-11-122,notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. Note:Colorado Division of Insurance Regulations 3-5-1, Subparagraph(7) (E) requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No.4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence,which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction,improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller,the builder and/or the contractor;payment of the appropriate premium;fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note:Pursuant to C.R.S. 10-11-123,notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals,or geothermal energy in the property;and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions, in Schedule B,Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 13482-CA-up-dated Disclosures Stewart Title DISCLOSURE The title company, Stewart Title -Longmont Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. ID CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. stewart •title guaranty company 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 P.O.Box 2029,Houston,Texas 77252. r7(, 034 11111111111111111111111 Itll 1111111 IIIII III 11111 lil fill 3487034 06/28/2007 03:04P Weld County,CO 1 of 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder Return To: Bank of the West Post Closing 450 Regency Pkwy, 2-W NE-REG-02-W Omaha, NE 68114 Prepared By: Kathryn A Suchy 450 Regency Parkway Omaha, NE 68132 [Space Above This Line For Recording Dahl DEED OF TRUST MIN 100104088002337127 DEFINITIONS Words used in multiple sections of this document are defined below and other words arc defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document, which is dated June 22, 2007 together with all Riders to this document. (B)"Borrower"is JOHN R HALEY and SUSAN L HALEY, HUSBAND AND WIPE Borrower is the truster under this Security Instrument. (C)"Lender"is Bank of the West • Lender is a corporation 8800233712 8800233712 COLORADO-Single Family-Fannie Mae/Fraddle Mac UNIFORM INSTRUMENT WITH MFRS Form 3006 1101 O.6A(C0l(Hann Keel of IS NO VW.Morena SOWawn. STEWART TITLE �/ Longmont o2Q57��IJ/ (111111Ni 111111111 III 111111 11111111111 0111111 3487034 06129/2007 03:04P Weld County,CO 2 of 15 R 76.00 0 0.00 Steve Moreno Clerk&Recorder organized and existing under the laws of The State of California Lender's address is 450 Regency Pkwy, 1-W, NE-REG-01-A, Omaha, NE 68114 (D) "Trustee"is the Public Trustee of Weld County, Colorado. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,Flint, MI 48501-2026, tel. (888)679-MERS. (F)"Note"means the promissory note signed by Borrower and dated June 22, 2007 The Note states that Borrower owes Lender Six Hundred Forty Thousand And Zero/100 Dollars (U.S. S 640,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 01, 2022 (G) "Property"means the property that is described below under the heading"Transfer of Rights in the Property." (H)"Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: n Adjustable Rate Rider RCondominium Rider El Second Home Rider Balloon Rider Planned Unit Development Rider( 1-4 Family Rider VA Rider E Biweekly Payment Rider 0 Other(s)[specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (K)"Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft. or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account_ Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M)"Escrow Items"means those items that are described in Section 3. (N) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) 'Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. 8800233712 • 8800233712 mills: M-64(001(000502 Pne 2 ei 15 Form 3006 1101 1111111 1111 111111111111 1 111111111 I I 111111 1 1 1 1 1 1 1 • ' 3487034 06/2912007 03:04P Weld County,CO 3 of 15 R 76.00 D 0.00 Steve Moreno Clerk&Recorder (Q) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (R) "Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and modifications of the Note: and(ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Weld (Type of Recording Jurisdiction) (Name of Recording Jurisdielion) LOT A OF RECORDED EXEMPTION NO. 1207-20-4-12E-671 AS PER THE MAP RECORDED APRIL 10, 1984 IN BOOK 1026 UNDER RECEPTION NO. 1962394 WELD COUNTY RECORDS, BEING A PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. Parcel ID Number: 120720000090 which currently has the address of 14491 WELD COUNTY ROAD 5 (Street) Longmont [City), Colorado 80504 (tip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 8800233712 8800233712 Yana ©4A(CO)(o005iar Yews of 15 Form 3006 1101 ' r4 ��l,v rr ♦ '1 11 r'o��i vl i�/ rlis`� II Irl ALr i.� 1 Yt alt � i t .l', , �r I c If Id�M' e 7/N•"'�t , . ,� ,1 .., I . I 1 1V •...1 11 A r , �,. ',,,',V,01'"‘ per L . \ r.`M1 0y� T1ri .. ....y !;,`,4;•, . h a ��r_�atlTa4Mw MnA.u..M nw•.n Y 1 , .:- •r.!./.ain Y I thIA Pia.Nods IAIa Ju,x/f. ba/ •9'{yr( P v A I),•OVSx-C1F..•;x aamv.... I fn IAn pear at'our tan:one I Q Andre,.natal r i •v ems , w. II Wwna A„mm�d right ,•.. Y �,�AL.: J J i:4 ,..\ I n,�A�fl lR:f7o.44, ..✓.e ,�r! _ t 1•";.> ''.. f. , :r� 47/4 Y / A//r(,�^far...�... ' :i r4/An Limning Tarr .444, ': A, • .aaw', Mw, nil »da,of pal 1 ions .. ..._Ia Wilr 1ll"7 .714 /r it? r (,Iru4 •/YFIGC i., A�i, wS�.rA'"; , ...rd)' /' �. I wielrme dm rink_. Il w +.41j K� T 1 lyti� I E , . . ri II? \If,/Iiettr ..11//An rrrvu.d MN, t -� f(, mot the mld pally rfl4rpr./I,nN,/Irrnnd in n/' de ,--i.-‘,-,r,: , M.rum 54 i? a//h.An//mw in Anent paid Ay the sold pally of the rneonn part,MAT errcl/d whereof to A• •by rvrn• aeblladMlrnd,hail sw's/nd,Tolnran,.add.mure:nt nod pf/Ir.rtatirElr.awl NI thew prana!•dn1 Hp•tair MANN.Mg roam earl all)Tr4f tit unto the rand pnr(y Air Mn nowt MN,%Un' Wraaad aid „, IAI-YM•all Iba.4j&l,f�/�%7ntenl,Nn/m and demand, whin4 Orr odd prty iv'like An poi As+ la snit In Mr n ft!IsI4Nb'd/drri.4s7(i fry w/wa/r,kin Intl WNW IN MO ll,ua/Y W II Wrl,and r ••11,g,./. ) /lA. w'fWanrda,la ell; ;q'aa,01 had'/44-A.././.4.1/221 Iirr. l':,I /n.lr /.. ✓Tens,/4../yrrw.G� ire : .4al,/!Sw ,1luy/nl�.N•! V'4.37n/jai I. A rr/-./.n(r y ✓,.4 it/Ilrrr.n.4 i- d '1s .0 } :. antic N/ fu,." a pmAl/./ rr• (Many• ✓. rl(L t,1/ N•ra 17 r.. s yO/�`p.+i/or W L,wlyk4,a.*.n. vrwr/, / J n 9 L,i t 4PY(.y :iY.. r• • t. N t`b: ! y N tt -Jr0IQrata aim ro imam rni ram.'ModemdwIll.all and rfndxlnrIAr arpaws and end pd,lbavwnof nfe 1 T* re.IaD1(arrAb 0Ll)i apperantaint wad all Ma.dn.,KIM,t7rb,InwM and nb/m whgla,rrnr.a/IA. r -. , 4,',".pier, I,N $0,4 dam fa kw or.gwl/p,tkM.aalvpnrn ma,lirmen 44*4/Mr^Mha.aid Moot ry/Ar ,i ' '+4`IrIY'M I! Jrof IAA iabli Aniws rl lAr Aril MW Alyd Aa.. ntt keen Awad m-d awl IAr 4 , * T {'wMYwehltMwwofmaks. /j . �_�r� O. - r�•,n f.4 1bI. . . W bated ip Pow*w • ✓f rG y(l�'i-T'v-,_'{�-�.. `w3T"' ° .mw,.p it-i t--•.-.k.w+ a -. .. �,... wx'n�am!=a,,. Y iPri7 trrYt , U• �Y�r r I,.nom son. ak. dent N...w,f/ri'.J(/.a+r'�.4< 4, . `. 1l l'f't ft 4 r , ) wmIM1 rr t „"A'/V'/} 1 •'..1iw,N A pS T, I. A k ¢ it..44' .,\4044”-'''''`W. its. nit pia.A74i M:,' eyw :R, - stv y: Cr r^t� rl: —*Mt anll•I.aabla••nNYrl1•M$ iMa AYMA iiw wrAlr Osrw7MYA �. ,' I it - -' lril MMKt k i AM' llMIMMWaNMicim* ♦ ,' ' -'i£it4&en art1 !I .r . ,,,... 7 , •• f'.%.' A 1 .11n< Sv 1'43 +wru, '4. , r.M51(d i r Cl- Y h...14 a t Mll A1Iqr� �L1npe1� iM 511arY4M 4440,1 d r 1,t ' 'I'• Ir•C Nr d1 .a *it* !<YrllrYA$ *t 4 M ne,-V. t ".1 �'y ' r M r..,, 1 l{n iti".. w.b„ /r ti w as .vi. -ten Y /r ,fir Li . tr, vv I,f 4fr •flrid t S ,4., f-, 91,.,^451,A - , r.p-.3- e..,,, „,rt, '''S , dy�pa 4 l2 r41 is I • . 1, , rV 1 '4.~ { ,. t6'' '7, 7 I .k. + 8r 3i• r la � • r 1„ �`i »=P%.41.4O.4.,....1.4e1.4“-,-,;74;-;49-ft.'. sir v :..r........r L: ..r ”41. 0.y of *wen 1..,l, I'iOti. 11S • Ettte L. Conrey, f' rFa1 Claude 'R. May. :`Fyy"� LORADO , ) l;i„' h Ir.n. t: mrimar. I A :. 441The above chanties with per. Fire with my connect. : V I'vi Claude H. May. ,' fl ( ) lie R. Marring, a Notary Pupil In In eno rot wild county, do herby minify that nth, h. ! =�.rFiat {�'61 rlaude E. May part I en to the nunve awlrorogn I ngltnntrmmnnt, perst.'t'11y to mn knonn to bo t'1'% whore names are a ubscrihed thereto, appeared ' t;�t herrn me on the.7th day of March, A.D. -01 ) 8th dnyof March A.m. 1905 rcepoetivnly and acknowledged that they signed, m stied and .F 1t�:' ' fz ' jj$ue above instrument of writing for thtluses anrtpurposen therein sot forth. 1pppLI:Given under my hand and notarial non) thin Rth Clay or March A.D. 1906. ., 3.sfl„ `1 My aosmtnninn explran February 13, 1910. �. 4r �•`� Nellie R. Herring, Notary public. ,. ?)(r' la..rfdL e!rt (7; word at 1:30 o'clock P.M. Meh. 21, 1906. '8I tariChas.' Davis, Recorder. } �F ),!;„.,..:4, 4 1.4144146141.4AM1AA1t.1.M.reAAAAAAhAhhl.AhhhAAAirMAAhAA kAAAAWkhhhAhAAhAAAAAAhAAht.hhAAAA614Ahmini T }'; r AGREEMENT . HMr.a(NT, made and entared Into thin Plat day Fir May 11198, by and between Ana N. Dolt, OR n r wain and Iitate or Oolorndo, party or the 'strut part, end Then O'Donnell, Henry Mott i'..4::: '' McCormick, of the same place of the second part, witnesseth:um r i ' c !'v� r r and in consideration of the e of one dollar to him in handpaid, and of the oonditiune 4 4 1 mentioned the said party of the first part hereby grants .o tho nail :second party a ' , ty te,not exceeding twelve (12) fret in width across the southeast quarter of "Ietlen twenty 2_ +� k.` r v .O M .,, 4 :: 1 ., a v . i •, r. 4 4 I •i r1 1�, . . .;I R.r . . 1' • • • • • r 1 • • • • • t1 ! . i r 7 x 11.1 Iwt aY + ,r ! ! '7 I1 358 I�n ik f L (20) tnwnnhip three (3) north, rnngo, nifty night (61 ) wont, through the guloh known no the eXitely Mulch' which grid gulch enters aid qunrtnr unction nt a point on.*er about forty rode net of the northeant corner or sold yunrler nention, and l..a.ven the Ante at a point on or About nighty rods south or the northnnnt aornnr of anti. qua,'tor section; and It In expronoly ngredd between the par- ties hereto as s further consideration hereof, that said second party shall construct and perpetually mnlntnln a good And enffiefont bridge noronn (aid gulch at mild point nn flint party nay hereafter eon lgnnte, or n width not Inan than fourteen font. sin Id right of Nay to he until for tee purpose of Vlght of way conveying Plater for Irrigation purposes and for no other purpose whatever, and it is expressly agreed nod understood that a failure to use Bald right of'.way;Tor ninth purpono or User or It ror arty other purpnrn, or upon the failure to non ntrunt end Wa l lfte in:;.mid br tdgs ea aforesaid, nil rights under thin contract shell nt onrn nano and determine, end be 'forever null. And it in fur- ther expressly agreed that mild second party shall keep mild ditch open ht nil. Linen, for the Pre° flow or water thornln no that It ahn11 ant nxonrd two lve feet In wiidth,.a Ion upon nondt tlon of for- fni turn on amen.,,Id. Thlr nontrnnt to to Iwo Meese the portion floret» and their Ana lute. Witness tht hands or the pnrtiva hereto the dny and year flint a hove written. Ann D. Holt, Thonnn O'Dennoll, Henry Mott, Minhae1 McCormick. V No. 109O6I. !rI LYd ref ranard at it o'r look a.'.t. tel:. 22, 1)06. . dhne. Davin, recorder. I AAAAAAAAAAhAAAAAAAh.I,IAAAAAA.t.IAM.At,AhA'.AJ.nAMAAAAAbA:!AAAAAAn h&A1F4l;1hA04hAthAAvtA.tahahhAAAJAAAAWAhrY.thAJa58 A a P I•: li L1 K N T . -" - M . TII111 A(IRRI'AHNT made and stored into thin lot day of dee. 1H9H bye!Andlbetween D.M. Weston of the County of weld and state of Colorado, party or the first part and Thelma O'Donnell, Henry Mott and Michael McCormick of the dame place of of the second part, WITNFSNRT1U That for and in nonnlderat l on of the mum of one dollar to him ifi;,hand prix , and of the Bondi- h", Recaae`dal r�� - it. MAR 18 196 Is_• Reovotioe.No 1,,3iZ.5S11'1� ANN SPOMN j7 QQ{ �� Reeddprt that 31, or be, CARL E. JOHNSON AND MAXINE JOHNSON HALEY the Grantor or Grantors, of 1 and County of Weld ,and State of Colorado :z for and In consideration of the sent of TEN DOLLARS and other good and valuable consicnctioes to the said Grantor or Grantors I H in hand paid,the receipt whereof is hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these -' '' , 1 Is do hereby GRANT, BARGAIN, SELL AND CONVEY unto .r The Department of Highways, State of Colorado, i .".Grantee,its successors and assigns forever,the following real property situate in the and County of Weld -u 'ad State of Colorado,to-wit: ' o A tract o parcel of land,Nn 14 of Gramee's Project No. S 0054 (5) containing 6.55 sae; s - 7 I moreortess, in the St of the SE' of Section 19, Township 3 North, Range 68 West, of the _ Sixth-Principal Meridian, in Weld County, Colorado, said tract or parcel being more parts cularly described as follows: Beginning at a point on the East line of Sec. 19, T. 3 N., R. 68 W., from which the SE corner of Sec. 19 bears S. 0° 24' W., a distance of 167.0 feet; 1. Thence along the East line of Sec. 19, S. 0° 24' W., a distance of 167.0 feet to the SE corner of Sec. 19; 2. Thence along the South line of Sec. 19, S. 89° 15' W., s .' a distance of 2,652.6 feet to. the SW corner of the SEk of Sec. 19; 9i-T: 3. Thence along the West line of the SE} of Sec. 19, N. 1° { 02' W., a distance of 97.0 feet; 4. Thence N. 89° 23' E., a distance of 89.5 feet; 5. Thence N. 88° 48' E., a distance of 2,486.0 feet; - 8. Thence N. 44° 36' E., a distance of 71.7 feet to the West right of way,line of the County Road; 7. Thence N. 88° 48' E., a distance of 30.0 feet, more or less, to the point of beginning. _ ^5•' above described parcel contains 6.55 acres, more or less, of which 2.45 acres -:;:4,1 ate right of way of the present road. i ALSO A tract or parcel of land No. 15 of Colorado Department of Highways Project No. S 0054 (5) containing 11.24 acres, more or less, in the S} of the St of Section 20, Town- ship 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, _ 's; said tract or parcel being more particularly described as follows: Beginning,at a point,on the West line o$ Sec. 20._T. 3 N., R. 68 W., from which the SW corner of Sec. 20 bears S. 0' 24' W„ a distance of 167.0 feet; 1. Thence along the West line of Sec. 20, S._0° 24' W., a u distance of'167.0 feet to the SW corner of Sec. 20; 1' 3., 2. Thence along'the'South line of Sec. 20, N. 89' 28' 30" ,i,14 E., a distance of 5,157.1 feet; _ -s?. m 1 ,3, Whence eiong the Easy property line, N. •0' 06'_.E., a distance of'87.8'feet; w4 3 1553 MRE501 4. Thence 5. 89° 21' W., a distance of 1,755.4 feet; 5. Thence S. 0° 39' E., a distance of 45.0 fret; 6, Thence S. 89° 21' W„ a distance of 26;,0 feet; , 7. Thence N. 0° 39' W., a distance of 45.0 feet; ,3` 8. Thence S. 89° 21' {'1., a distance of 15.3 feet; 9, Thence N. 89° 45' W., a distance pf 2,640,2 feet; 10. Thence along the arc of a curve to the left, having a radius of 11,565.0 feet, a distance of 292.7 feet, (the chord of this arc bears S. 89° 31' 3011 W., a distance of 292.7 feet); 11. Thence S. 86° 46' W., a distance of 109.9 feet; -1 12. Thence N. 45° 24' W., a distance of 69.7 feet to the East right of way line of the County Road; ; 13. Thence S. 88° 48' W., a distance of 30.0 feet, more or less,to the point of beginning. The above described parcel contains 11.24 acres, more or less, of which 3.79 acres are in the right of way of the present road. Reserving unto the grantors allgas, oil and minerals in and under said parcels of land provided, however, the grantee shall have the right to use any surface earth, dirt, gravel,.sand or other road building materials for highway purposes as it may desire and without further compensation or damages; and that the grantors covenant and agree that ci in the event such gas, oil or minerals are sought or extracted that said grcntors will conduct no surface first securing operations on said land without fi tion of,grantee, the written authorize- gI li, 3 ti )=i f b'I 41 I b I ; 1 %5, a aa.. u'.c. Y r 1, '1 �vM:t .m a .n. v S -'`f 'tom -.k .nt[ 3 5 ... _ qq • ` pP - ` BOOR155c3 PAGE502 - TOGETHER with all and Singular the hereditament%and appurtenances thereunto behejing,a in anywise appertaining,adthe raver' s {: :' Stan and raa.ivns,remainder and remainders,tents,issues and profits thereat;and all the estate,right,title,interest,clam and demand whatsoever of the said Grantor or Grantors,either In law a equity,of,N and tithe above bargained premises,with The hereditanmt and the _ appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the sold Grantee and 1- its successors and assigns forever. And the said Grantor or Grantors,for ttemselves,their heirs,executers and adnim{stmtas,do cotenant grant,bargain and agree to and with the said Grantee and its successors and assigns,that at the time of the execution aid delivery of these presents,they were well seized of the premises above conveyed,as of gocd,sure,perfect,absalte and indefeasible estate of inheritance, in law,0FeeSimple. and hod good right,full power and lawful authority to grant,bagain,sell and convey the same in the manta cal form aforesaid;that thesomeaefree and clear from all other grants,bargains,sales,liens,taxes,assessments and encumbrances of what- ever kind or nature saver,by,through or under the Grantor or Grantors; that the said Grantor a Grantors will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peuceoble possession of the said Grantee,and its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole orany part thereof,by,through arimder the said Grantor or Grantors. IN WITNESS WHEREOF, the said Grantor or Grantors have hereunto set their hands thls I 07N day at "ARCH A.D.,19.x. Signed in the presence of: 1g L ' :' C4RL E. JOHNSON /I1fAx"Altwt JOHNSON HALEY J / i• STATE OF (ee4sadfC' and GOMIS of tat,tat e - S= , :eDD 6�3- instrument was acknowledged before me this /era.day at '222 G1 L ca ,19 .2 S ,s ' "Abs S-7,4b1IR]SON AND NAXINE JOHNSON HALEY I u ti ,-, d and Official Seal, � ,n '` an' 2 a-, /9L-2 _ aniLt' 9 .44311,-44 u • sown Rabat •.. t. II STATE Of Fh r; ss. _ and County of 1r rLLLt The foregoing instrument was acknowledged before me this day of 19_ a: i,- by WITNESS my hand and Official Seal, My Commission Expires. 4-- -. man eta - ; ir cI Gwi11 -4f-, ,. ., L1 !Lfl. . A did P .4 8 p El t � m rat e ' A- jJD -m t `i` `' }+J1,411'I d F. �u) 0 Og-,tv .aft x! P sr-S f'. .t .. k £ 4 m.y . w 'Jr -. r sox -9..L4`.'' ' I . .'t ..c ,gyp" . Mz A 1026 REC 01962394 04/10/84 12:06 $6.00 1/002 AR 1912394 F 1018 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO ReCtither, EXEN1PfIoki )t 1207-20-4-RE-671 ma a vs of ran as a.4 •sec so, ,3 e...w' r31.1 1 R .OW, 4^I PM, WSW a4/6 .gAo% CAW TV 1 COLORADO minims wag..r 44,S 20 Me0'Mb'tO i I3Zi.to' •~ ti rat rL N8.5f' au-441 1 !^' ry4W,sY ♦4 MT 144 ' le t ' ••. l.dr A j_ N 10.4A/16'} Anna. L z ..., .i,b.s :• • Ievil.vg - 4• SEC to tin. Ip' 6444 1''4o0♦ N Ira N 1 pops 4' 3 4 !x_ fi e.. I tors Q ••ro.s Mu aka cak e: ~ti 4 1 ar 4 I e l ye b 0 'n I r 9 s9'65'sen• g J• limperCD.RD.M�1..T I�G �J 2 Jr I Lott: Mal MAMA 1' 'I e g 4 1 8I N.TI ✓en.Ci .moo& NW Y —I.j pouf NIr"IK beriS Ie'd u5W.l I* _::; Y m w N'w''h't /3lO.a• rs...,liernyilar"0 IN ye we fa...Yee 1 RieM _ _ `IN N 9 All. O \\ .. S 9 TSLI ...!__—--LC—--r rls r.aaes' �. tv^ I..0CM.N..r4P \;...1 -LD.• WAN Cs sw•S 'War I Cr 2. axle.a 1.5840 B 1026 REC 01962394 04/10/84 12:06 $6.00 2/002 F 1019 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO RECORDED EXEMPTION NO. 1207-20-4-RE•671 ar LEGAL DESCRIPTION rJ[a -'1 ZCb VA rot That part of the East one-half of the Southeast Quarter of Section 20, T3N, REBf of the 6th P.N.• Weld County, Colorado, being more particularly described as follows: Beginning at the East one-quarter corner of Section 20; thence along the East line of said Section 20, South 00'04'30" East 1791.12 feet to the Northeast corner of that certain tract of land recorded in Book 181 on Page 160; thence along the North line of said tract in Book 181 on Page 160, South 89'55'30" West 180.00 feet to the Northwest corner of said tract; thence along the West line of said tract in Book 181 on Page 160 and the West line of those certain tractsrecorded in Bonk 181 on Page 76 and Book 194 on Page 174, South 00'04'30" East 768.26 feet to the North Right of Way line of State Highway 466; thence along said North Right of Way line South 89°35'18" West 1154.74 feet to a point on the West line of the East one-half of the Southeast Quarter of Section 20; thence along said West line North 00'06'56" East 2562.69 feet to a point on the North line of said Southeast Quarter of Section 20; thence along said Northl ine North 89'46'28" East 1326.20 feet to the Point of Beginning, containing 75.033 Acres more or less. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervisa($lte••igarv'the same is correct to the best of my knowledge and belief. "o'•'=`' "` •'"r" Lri�'eiV �I�LL( ? y F:0;1, • 1, IHJ82�z ..- ,„ We, the undersigned, being the sole owners in tee of the above des[ property do hereby subdivide the same as shown on tare attached map. T c. r " The foregoing certification was acknowledged before me this as-c- day of,.. 11avE.clt, A.D.• 19g( Ply Commtssion Expires: ;4, - i Pe Notary Public: //i-4r.�./1/47 - Witness my Hand at�i The accompanying plat is accepted and approved for filing. NA RMIUI OF BOARD OF'�QU'�MmTY--_ 15 LONE _ YS- ATTEST: County Clerk_•'_w"'l TZ.�--'_T_�. Date(J— r—r$ � Is• , y. 3N•at 2 of 2 Y , I i 1 R2 8185 -----o'clock ,I /✓ RecoNer. L QUIT CLAIM DEED TEES DEED,Made this 20th day of December .19 85. between MARINE JOHNSON HALEY TRUST of the 'County of Boulder and Spiteof Colorado.grantor(s).and EDWARD J. KOPITZKE AND EVELYN R. KOPITZKE whose legal address is 14153 OCR #5, testament, CO 80501 of the County of Weld and State of Colorado.grantee(s). WITNESSETH,That the granted*br and in consideration of the sum of TITLE PURPOSES ONLY CONSIDERATION LESS THAN $500.00------------------ —r.-----_..---DOLLARS the receipt and sufficiency of which Is hereby a cknowledged,ha remised.released,sold.conveyed and QUIT CLAIMED.and by these preens do remise,release.sell,convey and QUITCLAIM unto the grantee(s). heirs,successors and assigns, forever,all the tight, tide, interest,claim and demand which the grantors)ha in and to the real property,together with improvements.Finny.situate,lying and being In the County of Weld and Spiteof Colorado.described as knows: An Easement for a Leach Field over that portion of the Southeast 1/4 of Section 20, Township 3 North, Range 68 West of the 6th P.N., more _— particularly described on the attached Exhibit "A". I+Ir.r3E" . Sic.``411ssa1 H 1098 EEC 02038185 01/07/86 10:53 $6.00 1/002 '111,b2-124. F 0544 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO g 7SD The above described easement is given on the express condition that all upkeep, maintenance and expense in connection therewith, will be the responsibilitjr of the Grantee herein, their heirs, assigns and successors. also known by street and number az TO HAVE AND TO HOLD the same.together with all and singular me appurtenances and privileges rheteuato belonging or in anywise thereunto appenaining,and all the estate.right.title.interest and daimwhammy=of thegreloads),either hi law oreqishy,to the only proper use.benefit and=hoof of the grantee(s). heirs and assigns fete= IN WITNESS WHEREOF.The grantor(s)ha executed this deed on the date sat forth above. • STATE OF COLORADO, eiw }U. County of � The foregoing instrument_ owled .gedbeforemethis 2O day of QCf91i/X/U ,198 . . • .:rbY r E. Nlt / G " s/$ i ,act,.cei /p .1989.wswess my nand and official seal. lv Y a _ OF n`ot;'. Arvid-Efa ,24v Soso/ 'f�4Denvq.f1serra gaud" ' Ns.933.An.345.• Rum mies veto mews W aau.sea w.as tn.wee=co snit_eau rim= see rAR2038185 o'cl k M.: . Roomier. a-1 • QUIT CLAIM DEED THIS DEED,Made this 20th day of December .19 85. between MARINE JOHNSON HALEY TRUST of the 'County of Boulder and Stara of Colorado.grantor(s).and EDWARD J. KOPITZKE AND EVELYN R. KOPITZKE whose legal address is 141.53 WCR 55, Longmont, Co 80501 of the County of and State of Colorado.grantee(al. Weld wINESSETH,That the ratans),for and in consideration of the sum of TITLE PURPOSES ONLY CONSIDERATION LESS THAN S500.00---------- DOLLARS the receipt and sufficiency of which is hereby acknowledged,ha remised.released.sold.conveyed and QUIT CLAMED,aad by these presenu do remise.release,sell.convey and QUIT CLAIM unto the granteas). heirs,successors and assigns, forever,all the tight, title, interest.claim and demand which the grantor(s)ha in and to the teal properly,together with improvements.Reny,situate.lying and being In the County of weld and State of Colorado.described as follows; An Easement for a Leach Field over that portion of the Southeast 1/4 of Section 20, Township 3 North, Range 68 West of the 6th P.M., more particularly described on the attached Exhibit "A". z ' iv- gel, ,can c:;n .. xh:F B 1098 REC 02038185 01/07/86 10:53 $6:00 1/002 -, gbarreten F 0544 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO g ISO The above described easement is given on the express condition that all upkeep, maintenance and expense in connection therewith, will be the responsibility of the Grantee herein, their heirs, assigns and successors. also known by sneer and number as: TO HAVE AND TO HOLD the same,together with all and singular the appm¢oances and privileges thacumo belonging or in anywise Hereunto appertaining,and all the estate.right ride.'mamest and dalan wharsoec of the grantor(s),either in law&equity,to the only proper use.benefit and behoof of the gntaee(sh heirs and assigns forever. IN WITNESS WHEREOF.The granto(s)ha mewed this deed on the dare sa forth above. p STATEE/OF COLORADO, �County of us. The foregoing lmuumemwas oweOd7ged--before The this /2yOy� day of .198.7 ,2 . r f/ <2I7AZane�gr..c+�'`i;4 . . :N. .E• 104 - U °Mm 1,/,1'ctc21 /1 .Is?7.witness my hand and official seal. 'ItNay t 3' -Eb. "and (TJ[ 8060/ 4f IM11kuAe4iiaerl"City red: HS Ns.MJ.Rea sa gotromas new aamw mashie...sus w.(Min-.ware.co are-urea 2.3165CO2.3165C0 • EXHIBIT "A" B 1098 REC 02038185 01/07/86 10:53 $6.00 2/002 F 0545 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO That portion of the Southeast quarter of Section 20, Township 3 North, Range 68 west of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Southeast quarter of said Section 20 as bearing North 00° 04' 30" West, and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 20; thence along the East line of the Southeast quarter of said Section 20, North 00° 04' 30" West, 855.00 feet to the true point of beginning; thence South 89° 55' 30" west, 142.25 feet; thence North 00° 04' 30" West, 50.62 feet; thence North 89° 55' 30" East, 142.25 feet to said East line of the Southeast quarter of Section 20; thence along said East line, South 00° 04' 30" East, 50.62 feet to the true point of beginning. 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I . . ! . ! � § ! , | , ! ! a• / ! #! \! !al; k !! 0 , m .r.3, mf § woe _x § ) - 5 ! E » !a B } ! 7, leoir o6 c F ! � ) ) : , . # � t - ! - ! ; ! : 1.:::O1i1` x § ( ! lE7 . 7 ! A ! ! ! § 2e C : 0 ! to0N00ae 0 - w ! 2 ! ; 2222 ] ! ! ! 2i!! | k § H! ! | g ) } }i { � o, \ ) ` ` ~ !! a ; ! , ! ! # t # # # # ! ! tec<� x � xlxxx ' at E f EE f , 0000 !/ 1\{\ = ! , r= _ _ _ \ \ ) / \ 0 }} 00 \\ \ \ \ / \ \ 0 \ ) ) \ \ | } / u .\ 0 ); Ih - CI§§§§§ ka k § / , §;f®m ! / \ , =\ \ (}(�, V. � ( ) � k § \ >�!_@ _ z - ; 2 � ,§@E , § l ; , , § e• !!>�, / § 32 � © - ® e «!!§§ , � � woWt ` §§|a& ; | $ wzzgO 4 z 0 ,,, tN * 7aw00 &■ , & 2000 § - § >Z000 _ , x ! l0 ,z000x0WWe � E ° I0 PARCEL NAME MAILING ADDRESS IDENTIFICATION 35 BARTOSH ARCHIE L TRUST&BARTOSH 1318 HIGHWAY 66 NORMA A TRUST& 120729002002 LONGMONT,CO 80504 BARTOSH ARCHIE L&NORMA A TRUSTEES 33 TRUSTEES BEALMEAR BENJAMIN B&VIVIENNE L 1316 STATE HWY 66 120729002001 LONGMONT,CO 80501 41 BERGLAND EARL R 0474 CR 30 120730200072 LONGMONT,CO 80501 25 BETTALE RICHARD E 14491 CR 3 120719000081 LONGMONT,CO 80504 39B CASH ROBERT J&CASH JODELLE M 319 HWY 66 120719300027 LONGMONT,CO 80504 39A CASH ROBERT J&CASH JODELLE M 319 HWY 66 120719300028 LONGMONT,CO 80504 30A CRANE CHARLES F&CRANE KATHRYN R 13888 CR 3 120729000035 LONGMONT,CO 80504 34B ECKSTINE MICHAEL O&ECKSTINE LINDA 1314 HIGHWAY 66 120729002010 LONGMONT,CO 805049605 34A ECKSTINE MICHAEL O&ECKSTINE LINDA 1314 HYW 66 120729002011 LONGMONT,CO 805049605 29 ELLIS RITA ANN 12110 JASPER RD 120730000037 ERIE,CO 80516 26 GOLDEN JAMES&GOLDEN TERRI A PO BOX 1184 120719000082 LONGMONT,CO 80504 11 HACKLEMAN JODY LYNN TRUST 14480 CR 5 120721000003 LONGMONT,CO 80504 HALEY LAND COMPANY LLC 14491 CR 5 120719000078 LONGMONT,CO 80504 HALEY LAND COMPANY LLC 14491 CR 5 120720000021 LONGMONT,CO 80504 HALEY LAND COMPANY LLC 14491 CR 5 120720000022 LONGMONT,CO 80504 'O JOHN HALEY HALEY LAND COMPANY LLC 14491 CR 5 120720000096 LONGMONT,CO 80504 C/O JOHN HALEY HALEY LAND COMPANY LLC 14491 CR 5 120720000097 LONGMONT,CO 80504 C/O JOHN HALEY HALEY LAND COMPANY LLC 14491 CR 5 120720000098 LONGMONT,CO 80504 12 HALEY SUSAN L 14491 CR 5 120720000090 LONGMONT,CO 80504 20 13977 CR 5 HEIL DAVID R LONGMONT,CO 80504 120729000025 38 HENSON CHRISTOPHER B&HENSON 14512 CR 1 DANIELLE LONGMONT,CO 80504 120719200098 9 HOCKER RONALD W&HOCKER MARY ANN 14762 CR 3 LONGMONT,CO 80504 120720200092 PARCEL NAME MAILING ADDRESS IDENTIFICATION 27 HOOPS MICHAEL W&HOOPS RHEA D 14407 CR 3 120719000072 LONGMONT,CO 80504 16 HOOVEN LYNN&HOOVEN MELINDA 14153 CR 5 120720000049 LONGMONT,CO 80504 7 JOHNSON FAMILY TRUST 1489 CR 32 120717000013 LONGMONT,CO 80504 46 JOHNSON GEORGE&JOHNSON RICQUE 13873 CR 3 120730000073 LONGMONT,CO 80504 36 JOHNSON WAYNE G&JOHNSON JODY 1320 E HWY 66 120729002009 LONGMONT,CO 80504 14 KITELEY FARMS LTD 13844 CR 7 120721300046 LONGMONT,CO 80504 C/O FIRST MAIN STREET 15 KITELEY TOM R FAMILY TRUST NA 120721300047 401 MAIN STREET LONGMONT,CO 80501 43 KNIGHT JOE&KNIGHT KIMBERLY A 690 HWY 66 120730100090 LONGMONT,CO 80504 10C LEWIS CORRINE A 14504 CR 3 120720200094 LONGMONT,CO 80504 10A LEWIS CORRINE A(1/2 UND INT) 14504 CR 3 THE CORRINE A LEWIS FAMILY TRUST(1/2 120720200095 UND LONGMONT,CO 80504 10B LEWIS CORRINE A(1/2 UND INT) 14504 CR 3 THE CORRINE A LEWIS FAMILY TRUST(1/2 120720200093 LONGMONT,CO 80504 UND 19 LIBERTY HALL GRANGE INC#459 LONGMONT,CO 80501 120721000006 13 4057 CAMELOT CIR#B LIBERTY PROPERTIES LLLP LONGMONT,CO 80504- 120721000001 9699 21 MAC DOWELL JAMES L JR&KARIN C 13926 CR 5 120728000029 LONGMONT,CO 80501 44 MADEWELL DENNIS&MADEWELL TAMMY 780 HWY 66 120730000039 LONGMONT,CO 80504 45 C/O MARTIN JAMES H& MARTIN JAMES H REVOCABLE TRUST& SHIRLEY A TRUSTEES 120730000074 MARTIN SHIRLEY A REVOCABLE TRUST 830 HWY 66 LONGMONT,CO 80504 8 1853 B CHEASPEAK ROBERT E.EHRLICH CIRCLE 120717000012 JOHNSTOWN,CO 80534 6 1853 B CHEASPEAK ROBERT E. EHRLICH CIRCLE 120720000051 JOHNSTOWN,CO 80534 40 MEHL ALLAN G TRUST 1560 S LOGAN ST 120719000068 DENVER,CO 80210 5 MILE HIGH DAIRY 15333 CR 5 LONGMONT,CO 80504 120717000027 28 MILLER CHESTER L&PHYLLIS A M 1100 HWY 66 120729000036 LONGMONT,CO 80504 PARCEL NAME MAILING ADDRESS IDENTIFICATION 3 MONROE ROGER A&MONROE ALICE E 1879 CR 32 120717400005 LONGMONT,CO 80504 17 LINDBERG LLC 14077 CR 5 120720000048 LONGMONT,CO 80504 42A NESTING CRANE RANCH OWNERS ASSOC 3040 S NEWCOMBE WAY 120730101010 LAKEWOOD,CO 80227 42B NESTING CRANE RANCH OWNERS ASSOC 3040 S NEWCOMBE WAY 120730101011 LAKEWOOD,CO 80227 22 OLANDER DOROTHY A FAMILY TRUST& 13799 CR 5 120729000089 OLANDER DEAN L COMPANY LONGMONT,CO 80504 24 PIERCE ERIC J&SILVERS-PIERCE HEIDI L 14501 CR 3 120719000055 LONGMONT,CO 80501 31 C/O GEORGE&GLENNA QUICK GEORGE A&GLENNA TRSTEE(1/2INT) QUICK LIVING TRUST 120729000031 QUICK GLENNA FAMILY TRUST(1/2 INT) 1132 HWY 66 LONGMONT,CO 80504 755 E MULBERRY AVE 1 NRC CO 1 LLC 6TH FLOOR 120716000057 SAN ANTONIO,TX 78212 23 SHERRELWOOD INC 2400 28 ST 120729002006 BOULDER,CO 80301 37 TIEMANN BRUCE&DAMIAO VALERIA 14505 CR 3 120719000056 LONGMONT,CO 80504 2 VENDEGNA KEVIN N&VENDEGNA SUSAN A 1975 CR 32 120717400004 LONGMONT,CO 80504 4 WELD COUNTY 915 10 ST 120717000023 GREELEY,CO 80631 18 WILLIAMS GLEN&KATHERYN LIV TRUST 1995 HWY 66 120720000047 LONGMONT,CO 80504 32 WOOD DAVID A 1212 HWY 66 120729000030 LONGMONT,CO 80504 WELD COUNTY BOARD OF COMMISSIONERS P.O. BOX 758 GREELEY,CO 80632 ATTN: MONICA DANIELS- MIKA WELD COUNTY PLANNING DEPARTMENT 918 10TH STREET GREELEY,CO 80632 ATTN: BRUCE BARKER WELD COUNTY ATTORNEY P.O.BOX 758 GREELEY,CO 80632 WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 GREELEY,CO 80632 ATTN: SCOTT TOILLION, ST.VRAIN SCHOOL DISTRICT R-IJ AICP 395 S.PRATT PARKWAY LONGMONT,CO 80501 MOUNTAIN VIEW FIRE PROTECTION DISTRICT 9119 COUNTY LINE ROAD LONGMONT,CO 80501 NORTHERN COLORADO WATER 220 WATER AVENUE CONSERVANCY DISTRICT BERTHOUD,CO 80513 ST. VRAIN&LEFT HAND WATER ATTN: LES WILLIAMS PARCEL NAME MAILING ADDRESS IDENTIFICATION CONSERVANCY DISTRICT 9595 NELSON ROAD, SUITE 203 LONGMONT,CO 80501 ATTN:MIKE COOK LITTLE THOMPSON WATER DISTRICT 835 E.HWY 56 BERTHOUD,CO 80513 ATTN:JANINE REID WELD COUNTY LIBRARY DISTRICT 1939 61ST AVENUE GREELEY,CO 80634 ATTN: GARY SHIELDS K2 COMMUNICATIONS P.O.BOX 232 MEAD,CO 80542 ATTN: BOB VOEGELY XCEL ENERGY 2655 N.63"°STREET BOULDER,CO 80301-2934 ATTN: AL TRUJILLO UNITED POWER,INC. P.O.BOX 929 BRIGHTON,CO 80601 ATTN: DAN PICKETT KINDER MORGAN,INC. 3766 EUREKA WAY,#A Erie,CO 80516-9476 ATTN: CATHY MOURHESS QWEST 5325 ZUNI STREE,RM 728 DENVER,CO 80221-5329 ATTN: PAM CRONKHITE QWEST COMMUNICATIONS, INC. 1314 DTOM, 16TH FLOOR OMAHA,NE 68102 LONGMONT FIELD NATURAL RESOURCE CONSERVATION OFFICE SERVICE 9595 NELSON RD.,BOX D LONGMONT,CO 80501- 6359 1313 SHERMAN STREET, COLORADO WATER CONSERVATION BOARD ROOM 721 DENVER,CO 80203 ATTN: GLORIA HICE- COLORADO DEPARTMENT OF IDLER TRANSPORTATION 1420 2ND STREET GREELEY,CO 80631 JOHNSTOWN REORGANIZED SCHOOL 3 NORTH JAY AVENUE DISTRICT RE-5J JOHNSTOWN,CO 80534 ATTN: CHIEF CHARLES BERTHOUD FIRE PROTECTION DISTRICT P.O. BOX 570 BERTHOUD,CO 80513 ATTN:ERIC DOERING ST.VRAIN SANITATION DISTRICT 11307 BUSINESS PARK CIRCLE FIRESTONE,CO 80504 ATTN: BARRY DYKES LONGS PEAK WATER DISTRICT 9875 VERMILLION ROAD LONGMONT,CO 80504 PARCEL NAME MAILING ADDRESS IDENTIFICATION TOWN OF FIRESTONE P.O.BOX 100 FIRESTONE,CO 80520 TOWN OF JOHNSTOWN P.O.BOX 609 JOHNSTOWN,CO 80534 P.O. BOX 290 TOWN OF MILLIKEN MILLIKEN,CO 80543 P.OTOWN OF BERTHOUD BOX 1229 BERTHOUD,CO 80513 ATTN:BRAD SCHOL CITY OF LONGMONT 350 KIMBARK LONGMONT,CO 80501 P:\133_27364_08001 Haley Property Mead\Deliverables\Reports\APO List\Haley Property APO List Numbers.doc 4V'lU0.010n. •P•J .`•`^'•'•`•`• I 4-I. elS Isms lesunS S 0061, ddIA wm740ele+lel'rwuM Nc wvw Q3sln3a ot•S-v e HD31 111i131 0 Wdw SIN3IIINO3 lad CEIs 6O.91-I z MIN Q3W&dd 90'9-9 I. ,..3 NOlidlaDS3a 31VC1 )DJVIN Li Z O U lu lu U a }LL4 Z w "' w W ¢ = Q ? w awp z a 2 D u] Z w Z_ Z O O i-- ¢ F w 0 a7d ao U) CZa < � � ( I I to Uw w F Ct W w O o $ � I I te et$ 2 U en I I I- 2O w I O DiIll x - J Z Z.-I 1n- cri e# Irrn i . 4 • .N%"I 1 I lilti li - - _ 1- - -- — - - s# adoa kuNnoo aO3M ass _ _ ��-�� — — _ - — tea.—J - � 4 i l 1 ' ' i N • ! I 1 I 0a►' i ►i i R - - - 1 It 1 3 zce IX OQ al I a LLI Q J X O . Lis la a a al W 1 Z Q . • 1 I Z � . Co >in CO o CO Ww • -, A ' - i1 G Q U.) k i s i l� 1• oml ' / I es OVOd kLNf100 Ul3M l.V • tI , N N • • 0 y 4 ;10 4 ,_ . •w `- 1 • • • ' L it • Ir.. LIST OF MINERAL OWNERS AND MINERAL LESSEES Haley Land Co. LLC February 2010 133-27364 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Susan L. Haley Property) Subject Property: Township 3 North, Range 68 West, 6th P.M., Weld County Section 20: Lot A of Recorded Exemption No. 1207-20-4- RE671, as per the map thereof recorded April 10, 1984 in Book 1026 under Rec. No. 1962394, being a part of the EASE% Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through January 26, 2010 at 7:45 a.m. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 8th day of Febuary, 2010. Crews & Zeren, LLC By. ynthia . E. eren, CPL Certified Profes nal Landman #4044 Mineral Owners: Mineral Leasehold Owners: Susan L. Haley None 14491 CR 5 Longmont, CO 80504 Crews e3'Zeren, LLC Oil arid GasEtle Services P.O.Box336337 (970)351-0733 Greeley,CO 80633-0606 Page 1 of 2 Fat(303)484-2110 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews& Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews ef'Zeren, LW Oil and Gas'litre Servires P.O.Bot336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(303)484-2110 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Haley Land Company Property) Subject Property: Township 3 North, Range 68 West, 6th P.M., Weld County Section 19: Lot B of Recorded Exemption No. 1207-19-4- RE1745, being a part of the SE%, according to the map thereof recorded July 12, 1995 at Rec. No. 2446195 Section 20: A part of the N%NW% described as follows: Beginning 932 feet South of the Northeast corner; thence South 731 feet to a point where the Mulvaney Ditch enters said tract; thence West 170 feet; thence Northeasterly 800 feet along said ditch to the Point of Beginning Section 20: SW'A, except that portion conveyed in instrument recorded July 5, 1883 in Book 14, Page 571 and March 18, 1960 in Book 1553, Page 500 Section 20: NE'/<, except that portion conveyed in instrument recorded July 5, 1883 in Book 14, Page 569 Section 20: W%SE%, except that portion conveyed to the Department of Highways by instrument recorded March 18, 1960 in Book 1553, Page 500 Section 20: Lot B, Corrected Recorded Exemption No. 1207- 20-4-RE671, being a part of the E'/SE'A, according to the map thereof recorded April 20, 2001 at Rec. No. 2842715 Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through January 26, 2010 at 7:45 a.m. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 8th day of February, 2010. Crews & Zeren, LLC B . Cynth. A . Zeren, CPL ertified Pro sional Landman#4044 Crews ey Zeren, LLC Oil and Gas Ede Services P.O. Bot336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Jax(303)484-2110 Mineral Owners: Mineral Leasehold Owners: Haley Land Company, LLC TOP Operating Co. 14491 CR 5 10881 W. Asbury Ave., Suite 230 Longmont, CO 80504 Lakewood, CO 80227 Crews e3'Zeren, LLC Oil and Gas?tle Services P.O.Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Pax(303)484-2110 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews eh'Zeren, LW Oil awl.Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 3 of 2 fax(303)484-2110 (miti TETRA TECH February 12, 2010 Mr. Dan Dean, Town Manager 441 Third Street P.O. Box 426 Mead, Colorado 80542 Re: Haley Annexation—Response to Planning Comments Tetra Tech Job No. 133-27364-08001 Dear Mr. Dean: Attached are the responses to your comments from August 12, 2008 for the Haley Annexation 1. Tab 6, Annexation Petition. The annexation petition was not signed on page 3 and on page 4 as required. Signatures must be obtained before presentation before the Board of Trustees. The annexation petition is signed and enclosed with the re-submittal. 2. Tab 7, Proof of Ownership. The material provided by Stewart title of Colorado for the Haley Land Company, LLC is insufficient. A true title commitment or title policies required. Updated and completed title commitments are provided with this submittal. 3. Tab 7, Proof of Ownership. The title commitment for the Susan L. Haley property is sufficient. There is an exception that indicates that the Bank of the West has a lien on this property. This will require that Bank of the West sign the annexation map. The Bank of the West signature block has been added to the annexation map. 4. Tab 7, Proof of Ownership. It is required that copies of the documents identified in Schedule B, Items 9, 10, 11, 12, and 13 be provided to the Town Attorney's office for review. Exceptions are included with the Title Commitments. 1900 S.Sunset Street,Suite I-F Longmont.CO 80501 Tel 303.772.5282 Fax 303.772.7039 wwvvtetratech.com • Page 2 of 4 lt TETRA TECH Mr. Dan Dean February 12, 2010 5. Tab 8, Mailing Address List. The mailing list was provided as a word processing table that does not lend itself easily to the use of a mail merge program instead of the requested Excel or Quattro Pro spreadsheet. It will be necessary to convert this table for notification of adjacent property owners. The mailing list has been converted to an Excel spreadsheet and is provided electronically with this re-submittal. 6. Tab 10, Annexation Map. A signature line and notary certificate must be provided for the Bank of the West as a lien holder all the Susan L. Haley property. The Bank of the West signature block has been added to the annexation map. 7. Tab 10, Annexation Map. The property consists of a series of three annexations. The surveyor is to provide a certification of the length of contiguity and the perimeter of each annexation in the Surveying Certificate. The requested information has been added to the Annexation Map. The property is now two annexations as shown on the updated Annexation Maps. 8. Gary West, MPA with the Law Offices of Samson, Pipis and Marsh has noted several changes that need to be made to the legal description. These changes are included in Attachment A. The changes to the legal description have been made per Gary West's with the updated Annexation Map and legal descriptions. 9. Tab 13, Water. Per your discussion in this section,"will serve" letters from the Longs Peak Water District and the Little Thompson Water District will need to be included in your final annexation application. Will serve letters from the Longs Peak Water, and the Little Thompson Water Districts are included with this re-submittal. 10. Tab 13, Water. The analysis indicates that, at build out, the development will generate 105% of an elementary school. Further, there is a comment credited to the St. Vrain Valley School District that indicates that a school will not be necessary. (p.4) The Town will want, at time of platting, specific comments from the School District as to where a Mead Elementary School site will be located to serve this, Sorrento, and other adjacent development. Information from the St. Vrain Valley School District will be provided at the time of platting as indicated above. Page 3 of 4 mit riTETRA TECH Mr. Dan Dean February 12, 2010 11. Tab 13, Annexation Impact Report—Map. There is no requirement for certificates by the Planning Commission, Board of Trustees, or Clerk and Recorder's office on this map. The certificates for the Planning Commission, Board of Trustees, or Clerk and Recorder's office have been removed from the Annexation Impact Map. 12. Tab 16, Preliminary Utility Report. The Exhibit 1 map is somewhat confusing due to the choice of colors, and overlapping lines. Please provide a less confusing map depicting service providers. The aforementioned map has been revised per the Town's comments. 13. Tab 23, Land Use (Zoning) Map. The applicant will need to provide separate legal descriptions for each zoning area depicted on the map as well as the overall legal description of the property to be zoned. The Zoning Map has been revised to reflect the Town's Comp Plan changes. 14. The current comprehensive plan calls for General Commercial to approximately one half section north of Hwy 66. The proposed plan has significantly less. At a meeting with the Board of Trustees in February of 2008, there was discussion that the land could be annexed and initially zoned Agriculture. This would allow the applicant to participate in the current, on-going Comprehensive Plan update and further work on the Town's land use plan and to reach a mutual consensus on the location and type of commercial along Hwy 66. The applicant has participated in the Comprehensive Plan meetings with the Town and the maps reflect the new land uses shown on the Comprehensive Plan maps, as adopted by the Town. 15. The specific location and type of roads is not part of the annexation and initial zoning process. These details will be addressed at time of platting. However, for clarity purposes, the Town will look for multiple points of connection between this property and contiguous properties to the north and west. Also, there is a boulevard design concept that will be needed for all of the Hwy 66 and WCR 5 plus some similar design on WCR 3. The aforementioned information has been noted and will be provided at time of platting. 16. The soil study is extremely general in nature. There will need to be a much more detailed study and assessment at time of platting. A more detailed soil study will be provided prior to platting. Page 4 of 4 Mb TETRA TECH Mr. Dan Dean February 12, 2010 17. The proposed "Mixed Use" zoning classification is not defined in the Mead LUC. As this would be, by way of the PUD process, a new zoning district, the applicant needs to provide a description of proposed uses, bulk and performance standards, and other use related regulations. Since the original submittal of this annexation and zoning application, the Town has made changes to their Land Use Code in regard to mixed use. We are not currently requesting Mixed Use zoning. The areas along Highway 66 will have a mix of uses as allowed within the requested zoning. 18. The applicant is encouraged to extend Serial Annexation No. 3 westward to the intersection of State Highway 66 and WCR 1. This comment has been noted. There have been initial discussions with those land owners, however, since this project is significantly further along in the application process and the applicant does not own those additional properties that the individual land owners file their own annexation and zoning applications. If you have questions regarding this letter, please do not hesitate to contact me. Sincerely, TETRA TECH Julie A. Cozad Land Planning Mana - — pc: John Haley, Haley Land Company Enclosures P:\1A 2736a 08001 Haley Property Mead\Deliverables\Annex Sub DocumenttWebmary 2010 Submivalaesponse to Planning Comments02121o.doc w LAND SURVEYING STANDARDS CHECKLIST Haley Land Co. LLC February 2010 133-27364 To be Completed TOWN OF MEAD by Surveyor or Annexation Map Engineer. Land Surveying Standards Name of Annexation: fll4 Y ANA16X APP AR f f 2 Surveyor A. Al. //MO9CL- Date Initials (� Items Z/'//p A"l11tlNc 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 / `pi 'im,-,C�/\. easements is done by someone other than the professional land surveyor who prepares the plat,the source Z ///O from which such recorded rights-of-way and easements were obtain. 3. All dimensions necessary to establish the boundaries in the field.(The dimensions must be shown to all control monuments used in the field survey.If the boundary runs down a line or parallels a line,the dimensions to get from the control line or monuments to the parcel must be shown.Dimensions to both ends of the control 2////O a 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. 2//// 5. A statement by the professional land surveyor explaining how bearings,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 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 2////O , be shown.It must be labeled on the map or plat if a monument is found or set.) 21///a 7. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale 2/i//a 8. A north arrow. 9. A written property description,which shall Include but shall not be limited to a reference to the county and state together 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 Z//bp / land management.(Property description is to be written in upper case type.) 2i/ba 10. My conflicting boundary evidence.Tres to and descriptions of all conflicting cotnera are shown. 2/1 h0 11. Location map.Minimum one and one-hatf mile radius of the property with principal roads labeled. 2////0 A 12. Certificate block-based on the Town's standard certificates for annexation maps. 13. The signature and seal of the professional land surveyor.Initials of draftsperson,date of drawing and 2////c AutoCAD file name. 14. All calculations have been double checked on final map for any errors,transpositions,the sum of the parts 2////0 equals the total length,etc. 15. Corner recordations have been made,or what is found in the field is identical with a previously filed comer 2/11/6 recordation.Corner recordations have to be filed on all sections,%section and aliquot comers 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 are to be placed outside the block or polygon.Widths of roads,and easements are to be placed between the now.lines when possible.Dimensions must clearly indicate the terminus point at each end. Z//// 'Curve data may be presented in tabular form,or with leader dimension 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")AutoCADTM Roman Simplex,Helvetica,Arial or Z/1(/p similar'lean serf'type.Title of plat is to be centered at top of the plat in type not less than.3"high. 18An AutoCADm drawing file(Release 14-2002)of the map,x-refs and all font files used,on 3 W IBM formatted disk is to be provided.A word processing file of the legal description on 3 W IBM formatted disk is to 2///p be provided(Word Perfect 6.1 preferred). INSTRUCT' NS 1. 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Nrf1V7 if $ -` ills; I n 0_ w O 2 ec I , Y a4� • :gym'. to _—_...-.__...........__ O 2 Sri ,y I .- LARGE MAPS IN ORIGINAL FILE NOT SCANNED LETTER FROM NORTHERN COLORADO WATER CONSERVANCY DISTRICT Haley Land Co. LLC February 2010 133-27364 allorthern Colorado Water Conservancy District .w. 220 Water Avenue• Berthoud,CO 80513 • 970-532-7700•fax 970-5320942 June 9, 2008 Mr. Jim Doyle Landscape Architect, RLA,ASLA Tetra Tech 1900 South Sunset Sheet, Suite 1-F Longmont, CO 80501 Dear Mr. Doyle: In accordance with your request,this letter will confirm that the lands owned by Haley Land Co., LLC located in Sections 19 & 20, Township 3 North, Range 68 West are located within the boundaries of the Northern Colorado Water Conservancy District (Northern Water). If you have any questions, or need additional information please contact me at (970) 622-2217. Sincerely, 1.3 Sherri Ras ssen �t Allotment Contract Specialist sr DRAFT WARRANTY DEED FOR NON-TRIBUTARY WATER RIGHTS (FINAL EXECUTED DEED WILL BE PROVIDED AT TIME OF ANNEXATION AGREEMENT APPROVAL) Haley Land Co. LLC February 2010 133-27364 SPECIAL WARRANTY DEED NON-TRIBUTARY AND NOT NON-TRIBUTARY GROUNDWATER THIS DEED, made this day of , between Haley Land Company LLC, John R Haley(Manager), 14491 WCR 5, Longmont Colorado 80504 of the County of Weld , 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: WITNESSETH,that the grantor, for and in consideration of the sum of Ten dollars ad other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, ha granted, bargained, sold and conveyed, and by these presents dos grant, bargain, sell, convey, and confirm,unto the grantee and its successorsand assigns forever, all the real property,together with improvements, if any, situate, lying and being in the SEE EXHIBIT A (ATTACHED) County of Weld, State of Colorado, described as follows: All non-tributary and not non-tributary groundwater as defined by C.R.S. 37-90-103, whether adjudicated, unadjudicated, permitted or unpermitted, underlying the property described in Exhibit A,attached hereto and incorporated by reference herein. also known by street and number as: assessor's schedule or parcel number: 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 grantgreither 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 describedwith the appurtenances, unto the grantee and its successors and assigns forever. The grantqrits heirs and personal representatives or successors, does covenant 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. IN WITNESS WHEREOF, the grantorhas executed this deed on the date set forth above. Date Signature Date Signature DRAFT WATER RIGHTS DEED - NON-TRIBVNRY.DOC May 18, 2001 (11:55am) Page 1 of 2 STATE OF COLORADO ) SS. COUNTY OF The foregoing instalment was acknowledged before me this day of ,20 by My commission expires: Witness My hand and official seal. Notary Public DRAFT WATER RIGHTS DEED - NON-TRIBVTORY.DOC May 18, 2001 11:55am) Page 2 of 2 EXHIBIT A Susan L. Haley Property Legal Description: Lot A of Recorded Exemption No. 1207-20-4-12E-671,as per the map recorded April 10, 1984 in Book 1026 under Reception No. 1962394,Weld County Records,being a part of the E112SE1/4 of Section 20,Township 3 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado Haley Land Co., LLC Property Legal Description: Parcel 1 Lot B,Recorded Exemption No. 1207-19.4-RE1745,being a part of the SE1/4 of Section 19,Township 3 North, Range 68 West of the 6"'P.M.,County of Weld,State of Colorado,according to map recorded July 12 1995 at Reception No.2446195. Parcel 2 A part of the E1/2NW 1/4 of Section 20,Township 3 North,Range 68 West of the 6m P.M.,described as follows: Beginning 932 feet South of the Northeast corner;thence South 731 feet to a point where the Mulvaney Ditch enters said tract;thence West 170 feet;thence Northeasterly 800 feet along said ditch to the point of beginning, County of Weld,State of Colorado. Parcel 3 The SW1/4 of Section 20,Township 3 North,Range 68 West of the 6m P.M.,County of Weld,State of Colorado, except that portion conveyed in instrument recorded July 5, 1883 in Book 14 at Page 571 and March 18, 1960 in Book 1553 at Page 500. Parcel 4 NE1/4 of Section 20,Township 3 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado except that portion conveyed in instrument recorded July 5,1883 in Book 14 at Page 569. Parcel 5 The W1/2 of the SE1/4 of Section 20,Township 3 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado,except that portion conveyed to the Department of Highways by instrument recorded March 18, 1960 in Book 1553 at Page 500 Parcel 6 Lot B,Corrected Recorded Exemption No. 1207-20-4-RE-671,being a part of the E1/2SE1/4 of Section 20, Township 3 North,Range 68 West of the 6'"P.M.,County of Weld,State of Colorado,according to map recorded April 20,2001 at Reception No.2842715; SITUATE IN Weld COUNTY TETRA TECH April 5, 2010 Mr. Dan Dean Town Manager 441 Third Street P.O. Box 626 Mead, CO 80542 RE: Haley Annexation Annexation Impact Report Tetra Tech Job No. 133-27364-08001 Dear Dan: The Haley Land Co., LLC is requesting the annexation and zoning of the Haley property into the Town of Mead. The areas included with the annexation are comprised of land owned by Haley Land CO, LLC, Susan L. Haley and adjoining rights-of-way for a total of 646.9 acres. The change in land use request is for land currently zoned Agricultural in Weld County to Residential and Commercial uses; planned to include single family detached and attached residential, multi-family, and general and highway commercial areas. Some portions of the commercial areas could include some mixed-use areas which may include a variety of commercial, office, retail and residential uses to provide flexibility for the future needs of the community. The aforementioned properties are located north of State Highway (SH) 66 and west of Weld County Road (WCR) 5 in Sections 19 and 20 of Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The following report analyzes the possible impacts to the Town of Mead's services. Sincerely, TETRA TECH CD:Via,a- Julie A. Cozad Land Planning Manager Attachments P\133_27364_0X001 Haley Property Mead\Deliverables\Annex Sub Documents\Pebmary 2010 subminal\Annexation Impact Report Letter dec 1900 S.Sunset Street.Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com ANNEXATION IMPACT REPORT FOR HALEY ANNEXATION WELD COUNTY, COLORADO Preparedfor: TOWN OF MEAD 441 THIRD STREET P.O. BOX 626 MEAD, CO 80542 Prepared by: TETRA TECH 1900 S. SUNSET STREET, SUITE 1-F LONGMONT,COLORADO 80501 TETRA TECH JOB No. 133-27364-08001 ORIGINAL SUBMITTAL: JUNE 20,2008 UPDATED: APRIL 5,2010 TETRA TECH GENERAL SITE LOCATION AND DESCRIPTION: The Haley Annexation property is located on the Northwest corner of WCR 5 and State Highway 66 and is located in the Southwest Quarter of Section 19, South half of Section 20 and Northeast Quarter of Section 20, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The Haley Annexation is comprised of two separate properties. One parcel is is owned by the Haley Land Co. LLC and John Haley is the manager. The second parcel is owned by Susan L. Haley. A variety of land uses are proposed for the property; including single-family attached, single-family detached, multi-family, and general and highway commercial uses. The Susan L. Haley property is proposed to remain to be used for very low density and agricultural uses. Water: Currently the North 141 acres of the Haley Annexation property is situated within the Little Thompson Water District and the south 458 acres are within the Longs Peak Water District. The Longs Peak Water Service district is located on the southern portion of the Haley Annexation property, contained in the South Half of Section 20, T3N, R68W and the Southeastern Quarter of Section 19, T3N, R68W. Longs Peak currently does not have a water line running through the property. A 24"potable water line is being designed that will split the property,but it is not currently built(See Appendix B). According to Barry Dykes the General Manager for the Long's Peak Water District there is adequate capacity to service the portions of the property located within the district's boundaries. A will serve letter is included with this submittal. The Little Thompson Water Service District is located within the Northeastern Quarter of Section 20, T3N, R68W. Currently, the District has a 6" water line located in Weld County Road 32. Mike Cook, with the Little Thompson Water District has indicated that there is a 12"water line in WCR 32, not yet in service, a 16" line under I-25, and a 24" line on the other side of I-25 in WCR 32 (See Appendix C). A will serve letter from the Little Thompson water district is included with this submittal. Sewer: The Haley Annexation property is located primarily within the St.Vrain Sanitation District's service boundaries. However, there is a small portion of the eastern most property boundary that is located within the Town of Mead's service area boundary and not within the St. Vrain Sanitation service district boundary. The owner/developer will work with the Town to determine the requirements for servicing the portion of property located within Mead's boundary area and the applicant will go through the processes required by the district to obtain sewer service for the property. A letter from Megan Humbrecht with the St. Vrain The Haley Land Co. LLC. - 1 - April 2010 Annexation Impact Report Sanitation District is included with this report. (See Appendix D). Table 6.2.1: Sanitary Sewer Demand Land Use Rates Residential Commercial Residential Commercial 'Demand (units) (acre) (gal/unit/day) (gal/acre/day) (gal/day) Haley Annexation 3039 120 270 1,100 952,530 "Actual numbers are based on gross density calculations. When net density is calculated it is anticipated that the demand per day will be lower than what is shown. Natural Gas: The development is in the Xcel Energy Service Area. At the present time there is a 1 ''A" line buried on the east side of Weld County Road(WCR 3) and a 1 ''A" line buried on the west side of Weld County Road(WCR 5) and Xcel Energy has a 2"high pressure line on the north side of State Highway 66. There is also a 12"high pressure line buried on the south side of Weld County Road (WCR 32) from WCR 5 to WCR 3 and a 1 ''A" line buried in WCR 32 west from WCR 5 for approximately one half mile. Electric: The area is served by United Power. There is an aerial three phase miming south to north along the east side of Weld County Road (WCR) 5 from Colorado Highway 66 to Weld County Road(WCR 32). There is an aerial three phase on the north side of Highway 66 running east to west from WCR 5 to Weld County Road(WCR 1). There is an aerial three phase on the west side of Weld County Road (WCR 3) running north to south from WCR 32 to State Highway 66. There is a buried single phase on the north side of WCR 32 approximately one half mile west from WCR 5. Platte River Power Authority has a high voltage transmission line on the east side of WCR 3 running north to south from WCR 32 to Highway 66. This power line is located in an exclusive easement which will require permits for all wet and dry utilities. As a result of this power easement, development restrictions exist. There is also an additional underground power line easement that is in the planning stages and is proposed to run adjacent to the west line, of the SE `/4 of Section 20. Telephone: The Haley Land Co. LLC. - 2 - April 2010 Annexation Impact Report Qwest will be the service provider for the property. There is an existing cable buried on the west side of Weld County Road (WCR 5). There is an existing buried cable on the north side of Hwy 66 from WCR 5 to Weld County Road (WCR 3). This converts to aerial and continues west to WCR 1. There is an existing buried cable on the west side of WCR 3. The area will be served with copper facilities until the density warrants the placing of an on site digital carrier. Streets: The proposed street network for the Haley Annexation property will be designed to be compatible with the existing surrounding properties. Traffic studies and negotiations with CDOT will determine ingress and egress points for the property with final access locations determined during the preliminary/final plat stages for the project and street design standards will be consistent with the Town's Community Design and Development standards found in Article 2 of the Town's Land Use Code. A hierarchy of roads will be utilized throughout the development ranging from high use arterial roadways to internal collector roads to distribute traffic throughout the property and onto adjacent arterial roadways. Local roads will be of a lower hierarchy and will be consistent with the character and neighborhood scale that currently exists in the Town of Mead. The design intent for the Haley Annexation property will be to provide safe and efficient pedestrian and vehicular circulation throughout the site. The proposed site layout will include the preservation of view corridors and provide residents with convenient access to the site's many natural amenities, utilizing pedestrian friendly design principles. State Highway 66 is currently classified as a rural roadway by the Colorado Department of Transportation(CDOT). Early discussions with CDOT determined that when the Haley property is annexed, the Town will have the ability to work with CDOT to recommend changing the roadway to a non-rural classification. A traffic study is planned during the Preliminary and Final Plat processes and stage of design. Access permits will be required from CDOT and additional discussions are planned to identify final access point locations along State Highway 66. Drainage: At a February 11, 2008 study session with the Town Board of Mead, the Board granted a request from the Haley Annexation property owners to delay the drainage report requirement until the preliminary/final development phases for the project. A brief description of the drainage flows for the property is described below. The majority of the property slopes from the west to east starting from the southwest and The Haley Land Co. LLC. - 3 - April 2010 Annexation Impact Report southeast quarters of Section 20 into the wetland area that runs northwest to southeast through the property. The northern half of the property drains from the northeast quarter of Section 20 in a southerly direction and drains into the same wetlands area. The western half of the property located in the southeast quarter of Section 19 flows from the north to the southwestern corner of Section 19. Law Enforcement: Law enforcement for the proposed property is contracted by the Town of Mead with the Weld County Sheriffs department. Fire Protection: Fire protection for the proposed property will be provided by the Mountain View Fire Protection District. Existing School District and Special Districts The site is located within the following school and special districts: Longmont Soil Conservation District St. Vrain& Left Hand Water Conservation District St. Vrain Valley School District Weld Library District Longs Peak Water District The Little Thompson Water Service district is located on the northeastern '/ of Section 20 T3N R68 W. Local Public School Impact During the initial stages of the annexation process the design team held preliminary meetings with the School District. The district indicated that a school site would not be necessary on the Haley Annexation property due to the close proximity of other planned schools within the area. However, as the property develops the school district will have the opportunity to comment further through the referral process. Gross density for the property was used to determine the maximum number of development units proposed for the property. This number was then used to arrive at the prospective number of students for the future development. However, it is anticipated that the final design will consist of a lower density when road rights-of-way and open space areas are calculated. Additionally, it is assumed that 30%of the units being developed will be single- family attached with 70%of the development units being single-family detached. These numbers may vary depending on market conditions at the time of development. The Haley Land Co. LLC. - 4 - April 2010 Annexation impact Report The proposed development will generate an estimated 1,031 students. This is based on a student yield of 0.430 for single-family detached units and 0.151 students for single-family attached units. (The proposed total number of units is itemized as 2,052 single-family- detached and 987 single-family-attached.) Number of Yield Rate* Projected Student Student Percent of Units Yield Facility Standard Standard Capacity SFD SFA SFD SFA SFD SFA Total Elementary 2054 985 0.217 0.072 446 71 517 525 students 98% Middle 2054 985 0.10 0.039 206 39 245 750 students 33% School _ High 2054 985 0.113 0.040 233 40 273 1200 students 23% School Total 0.430 0.151 885 150 1035 * Student Yield Rates based on criteria provided by the St. Vrain Valley School District. • 517 elementary students or 98%of the standard capacity of a 525-student elementary school. • 245 middle school students or 33%of the standard capacity of a 750-student middle school. • 273 high school students or 23% of the standard capacity of a 1200-student high school. The Haley Land Co. LLC. - 5 - April 2010 Annexation Impact Report LARGE MAPS IN ORIGINAL FILE NOT SCANNED PRELIMINARY SOILS REPORT Haley Land Co. LLC February 2010 133-27364 fjj] TETRA TECH March 25, 2008 Mr. John Haley 14491 WCR 5 Longmont, CO 80504 Re: Preliminary Engineering Geologic Reconnaissance,Haley Property, Weld County Road 5 and Highway 66,Weld County, Colorado; Tetra Tech Job No. 133-27364-08001 Dear Mr. Haley: This letter report presents the results of our Preliminary Engineering Geologic Reconnaissance of the Haley Annexation located north and west of Weld County Road(WCR) 5 and Colorado Highway 66, southwest of Mead, in Weld County, Colorado. The site is located in the southeast one quarter of Section 19, the south one-half and northeast one quarter of Section 20,Township 3 North, Range 68 West. The property encompasses approximately 600 acres. Commercial development is planned adjacent to CO 66, with low to medium high density residential development planned for the remainder of the site. Additionally, small pocket parks will be interspersed through out the property. These developments will be served by sanitary sewer. The reservoir in the north part of the site and the wetlands will remain. This reconnaissance concentrated on geologic conditions at the site. The scope of work included review of published geologic and soils information; a site reconnaissance; and preparation of this letter summarizing the data gathered, our interpretation and analysis, and conclusions regarding the proposed development. SITE CONDITIONS The area to be developed is located in an agricultural and rural residential area southwest of the Town of Mead. Site features and the approximate site boundary are shown on Figure I. The south boundary borders Colorado Highway 66 and the east boundary borders Weld County Road 5. The site has historically been used as irrigated cropland. Kitely Gulch crosses the northeast part of the site and the several unnamed irrigation laterals cross the site at various locations. There are two wetland areas on the site, one on the eastern part of the property within Kitely Gulch and the other on the western portion of the property. A small water storage reservoir is located in the north part of the site in the upper reach of Kitely Gulch. Topography at the site slopes gently(1 to 7 percent) in two general directions from a southeast trending ridge; the western 'A slopes to the southwest, and the eastern 2/3 slopes to the east southeast. Local man- made slopes are present on the reservoir embankment and near Kitely Gulch. Slopes on the reservoir embankment are steeper, visually appearing to slope approximately 2 or 3 to 1 (horizontal to vertical). 1900 5 Sunset Street,Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com ♦ TETRA TECH Mr. John Haley March 25, 2008 n Page 2 GEOLOGIC CONDITIONS In the project area, sedimentary bedrock dips east and southeast away from the Rocky Mountain Front Range. Regional geologic mapping(Colton, 1978)' indicates that the near surface bedrock at the site is claystone, sandstone, and siltstone of the Upper Transition Member of the Pierre Shale. The regional mapping also indicates that on the west-central portion of the site, the near surface bedrock is overlain by eolian(wind deposited) clay, silt, and sand trending northwest southeast. In our experience, the eolian soils are sometimes underlain by alluvial sand and gravel which in turn overlies the bedrock. Colton(1978) maps bedrock at the surface over much of the site. Where mapped at the surface, the bedrock is likely very weathered to a residual soil with relic bedrock structure. Additionally, humic sandy to gravely alluvium (known as the Piney Creek Alluvium) containing organic matter was mapped in the area associated with the wetlands in Kitely Gulch in the eastern portion of the property. Regional soils mapping by Crabb (1980)2 shows seven different soil types present within the site. Mapped soils and their published engineering properties are summarized on Table 1. ENGINEERING AND GEOLOGIC CONSIDERATIONS We found no geologic conditions which would render development of the site technically infeasible. However, there are several factors of a geologic nature that should be considered during site development. These factors will vary slightly across the site as some of the proposed development will be in areas mapped as eolian soils and other areas proposed for development will be in areas mapped as Upper Transition Member of the Pierre Shale. The thickness of the eolian soils will likely vary across the site. In addition, the weathering profile in the bedrock may vary. Groundwater levels will tend to be shallower near the reservoirs, ditches, and wetlands, as well as in lower lying areas. Perched shallow groundwater may also be present in areas of shallow bedrock. Conditions will likely vary within the project area and can be dealt with through proper site grading and foundation design. Prior to site development, site geotechnical engineering studies should be performed to better characterize soil, bedrock, and groundwater conditions at the site. Such studies should include exploratory drilling and geotechnical laboratory testing. Based on the findings of the drilling and laboratory programs, geotechnical recommendations for site development can be made. Following are several geologic factors to be considered. Shallow Groundwater Shallow groundwater is anticipated at the site. Groundwater is likely to be perched on top of and within the uppermost weathered zones of the bedrock and will likely extend upwards into the eolian soils. The groundwater is likely to be shallower near the reservoir, ditches, and in low lying parts of the site. Shallow groundwater may affect the design of subsurface structures. Site specific geotechnical investigations should be performed to investigate groundwater conditions at the site. The investigations should also consider seasonal peak groundwater levels. Shallow groundwater conditions may be addressed by site grading and the construction of subsurface drains. Colton, R.G., 1978, "Geologic Map of the Boulder-Ft. Collins-Greeley Area, Colorado," USGS Map I-855G. 2 Crabb, J.A., 1980, "Soil Survey of Weld County, Colorado, Southern Part," USDA Soil Conservation Service. • Mb TETRA TECH Mr. John Haley March 25, 2008 Page 3 Shallow Bedrock Shallow bedrock is anticipated at the site particularly where the Upper Transition Member of the Pierre Shale is mapped. Shallow bedrock may also be present in other areas of the site where eolian soil deposits may be thin. Local sandstone and/or shale could prove difficult to excavate. In addition, the weathering profile in the bedrock may be variable. A variable weathering profile may require the use of drilled pier foundations in order to achieve more uniform bearing conditions for structures. Swelling Soils and Bedrock Eolian clay soils, residual clay soils, and local claystone bedrock are likely present at the site. The residual clay soils and claystone are potentially expansive. To a lesser degree, eolian clay soils may tend to be expansive. Review of Table 1 indicates most of the soils at the site have low to moderate swell potential (classifying as CL under the Unified Soil Classification System). However, the Wiley- Colby, Nunn, and Heldt soils may locally have high swell potential (classifying as CH under the Unified Soil Classification System). Site specific investigations, including drilling and laboratory testing, will need to be performed to investigate the swell potential of the site soils/bedrock. If swelling soils/bedrock is encountered, foundation designs to mitigate the effects of swelling soils and bedrock should be implemented. Such designs are available and are commonly practiced in the area. Collapsible Soils and Settlement Eolian soils in the Front Range are locally prone to collapse when wetted and/or loaded. Such soils also tend to consolidate under loading causing settlement of structures. However, the site has been historically irrigated and the collapse potential may already be substantially mitigated. Site specific investigations should address potential consolidation and collapse of the site soils. Pavement Subgrade Soils at the site will probably have poor to fair pavement support characteristics. Site specific subgrade studies should be performed and pavement should be designed in accordance with Town of Mead approved design methods. Erosion The site soils appear to be moderately susceptible to erosion and will be increasingly so when vegetation is stripped for site development. Development and construction plans should include measures to minimize erosion. Grading plans resulting in steeper slopes and drainage plans which concentrate runoff will increase the chances of erosion. Construction Near Steep Slopes Local, man-made, steep slopes are present near the reservoir and along the ditches. Structures should not be constructed near these steep slopes unless detailed slope stability investigations have been performed. it TETRA TECH Mr. John Haley March 25, 2008 Page 4 LIMITATIONS AND ADDITIONAL INVESTIGATIONS This letter is based on a site reconnaissance,review of published geologic and soils data, and limited exploratory drilling. We warrant only that this work has been performed as described herein in accordance with preliminary engineering geologic standards in this area. Additional site specific investigations, including additional subsurface borings in the proposed building areas, and laboratory testing of subsurface samples are necessary to provide information for pavement design, foundation recommendations, and other geotechnical criteria such as site grading. Please call with any questions or comments. Sincerely, TET TEC Jeremy Deuto Engineering Geologist JD:em Attachments P.\Ill 27364 08001 Haley Property Mead\Ddiverables\Reports\Sails\Geology Repon.doc up up u) up U) U) o )D0 u) 0 u) O °' r r r r r r 0 CD r w r w rn J3 m N ? 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C o CO N O rot-.„5, 0 ` oCT> N o CO N O O OO O (O O @ m > 9 0 a m K C co d o m c >. = m OE Z U a c a N y m o a C F L Z 0 m- co _ ¢ cr Q a v to x 0 O QI co N �I VI d lr ' kl ': �t;y r` f 11g a7 y _ _ � k rx if r Jx 'i \\ �ri Q, E : as.. 4. • \ . ,' r , 3:; l tom+ v✓; y e }1 4:. � I ;: �j, —r, �` .I ,.l „ P l 4- c -� f...4.-„,--. ' F -- C �_ s r .- --- /\ I , .. _ o . , .� j - J 1 t - --- • .lS . 4` Gd 111 4 ,� a 5;'141 yv' / axi .— t i 44,..,.r...-- 4.. u i i x 3 iy • .�-.ate' �_ . e r_ P'e {µ ,lyl r /� _^ {: N Haley Property Legend FIGURE W 1 highways project outline SITE LOCATION PLAN streams/ditches PROJECT: It 133-27364-08001 0 1,000 2,000 4,000 DATE: 03-26-2008 BY: JD CHECKED: GL _ Feet Tetra Tech PRELIMINARY UTILITY REPORT Haley Land Co. LLC February 2010 133-27364 ■ y PRELIMINARY UTILITY REPORT HALEY ANNEXATION No. 1 AND HALEY ANNEXATION No. 2 Prepared for: Town of Mead 441 Third Street P.O. Box 626 Mead, Colorado 80542 Prepared by: Tetra Tech 1900 S. Sunset Street, Suite 1-F Longmont, Colorado 80501 Tetra Tech Job No. 133-27364-08001 February 2010 lb TETRA TECH TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 GENERAL INFORMATION 1 2.1 Location 1 2.2 Description 1 3.0 WATER SYSTEM 1 4.0 SANITARY SEWER 2 5.0 CONCLUSION 2 6.0 REFERENCES 2 List of Appendices Appendix A Overall Utility Map Appendix B Longs Peak Water District Appendix C Little Thompson Water District Appendix D St. Vrain Sanitary District Appendix E Town of Mead Appendix F Weld County MUD Haley Annexation Properties Preliminary Uutility Report February 2010 UTILITY REPORT FOR HALEY ANNEXATION PROPERTIES WELD COUNTY,COLORADO 1.0 INTRODUCTION This report provides preliminary utility findings for the Haley Annexation properties, including the utilities in the surrounding area and the appropriate district by which they will be served. 2.0 GENERAL INFORMATION 2.1 Location The proposed Haley Annexation properties are located on the Northwest corner of WCR 5 and State Highway 66. The site is located in the southeast quarter of Section 19, south half of Section 20 and the northeast quarter of Section 20, Township 3 North, Range 68 west of the 6th Principal Meridian, County of Weld, State of Colorado. The property is bounded on the south by State Highway 66, on the north and west by existing farmland, and on the east by WCR 5. The property is within the Town of Mead's Land Use Plan. 2.2 Description The total gross acreage of the site is approximately 647 acres. The ground generally slopes from the northwest to the southeast at 2%. The number of estimated units for the entire site is proposed to be a maximum of 3,039 units with approximately 1,341,648 sq. ft. of commercial space. The commercial areas may consist of retail shops, restaurants, large grocery/retail, and neighborhood commercial areas along State Highway 66. Currently, the property is not incorporated into the Town of Mead. This property, according to the Town of Mead's Land Use Plan, is designated as Single Family Residential and Commercial Mixed Use. The annexation process consists of petitioning the Town for the acceptance of the property into the Town of Mead, a $5,000 fee and a Concept Plan are required. 3.0 WATER SYSTEM The Haley Annexation property located in the northeast quarter of Section 20, Township 3 North, Range 68 west is situated within the Little Thompson Water District and the remainder of the Haley Annexation property is located in the Longs Peak Water District. Longs Peak currently does not have a water line running through the property. A 24-inch potable water line is being designed that will split the property, but it is not currently built (Appendix B). According to Barry Dykes, the General Manger for the Long's Peak Water District, there is adequate capacity to service the portions of the property located within the district's boundaries. - 1 - Haley Annexation Properties Preliminary Utility Report February 2010 P:\133_27364 08001 Haley Property Mead\Deliverables\Annex Sub Documents\February 2010 Submittal\Utility Repon\Utility Repon.doc Currently, the Little Thompson Water Service District has a 6-inch water line located in WCR 32. Mike Cook at the Little Thompson Water District said that there is a 12-inch water line in WCR 32, not yet in service; a 16-inch line under I-25 and a 24-inch line on the other side of 1-25 in WCR 32 (Appendix C). A will-serve letter is attached. 4.0 SANITARY SEWER The Haley Annexation property is located primarily within the St. Vrain Sanitation District's service boundaries. However, there is a small portion of the eastern most property that is located within the Town of Mead's service area boundary and not within the St. Vrain Sanitation service district boundary. The owner/developer will work with the Town to determine the requirements for servicing the portion of property located within Mead's boundary area. A letter from Megan Humbrecht with the St. Vrain Sanitation District is included (Appendix D). 5.0 CONCLUSION This report provides preliminary utility information for the Haley Annexation property. Currently the property is divided between the Little Thompson Water District and the Longs Peak Water District, but could be served by either. The sanitary service will be coming from St. Vrain Sanitation District after the part of the northwestern Section of 20 is included into their boundary. The will-serve letters are attached. 6.0 REFERENCES 1. Town of Mead website: http://www.mead-co.gov/ 2. St. Vrain Sanitation District website: http://www.stsan.com/ 3. Little Thompson Water District website: http://www.ltwd.org 4. Longs Peak Water District website: http://www.longspeakwater.com/ 5. Weld County website: http://www.co.weld.co.us/ - 2 - Haley Annexation Properties Preliminary Utility Report February 2010 P.\133_27364 08001_Haley Property Mead\Deliverables\Annex Sub Documents\February 2010 Submittal\[Way Report\Utility Report doc APPENDIX B LONGS PEAK WA l'ER DISTRICT P LONGS PEAK WATER DISTRICT • 9875 Vermillion Road • Longmont, CO 80504 • (303) 776-3847 office • (303) 776-0198 fax June 23, 2008 Mr. Jim Doyle Tetra Tech RMC 1900 South Sunset St. Longmont, CO 80501 RE: John Haley Property Dear Mr. Doyle; The Longs Peak Water District Board of Directors considered your request to issue a"will- serve" letter for the John Haley Property located in Sections 19 and 20, T3N, R68W, east of Longmont. CO., consisting of a total of 599 acres. After consideration,the Board directed me to confirm that the Longs Peak Water District will be the provider of domestic water service for those areas located with the District's current boundary. Those areas include the SE 1/4 Sec 20,the SW 1/4 Sec 20 and SE 1/4 Sec 19.Specifically excluded from this is the NE 1/4 Sec 20 which lies within the Little Thompson Water District Boundary. Any improvements to District facilities necessary to provide service will be the responsibility of the developer in accordance with District Bylaws,Policies and Regulations. I hope this provides you with the information you requested. Should you have questions or need additional information,please contact me. Best Regards, Barry Dykes General M alter ' S' ,y, x�x'-^W-i r - .. `-._.:vr / _'s„9 a w' r 4 . r ' ' A , ° j �/ 'fit` S � J .';.;/-2-a:":1"•}-:41:----2, i �t r; 6 .' •eM1 `'f m ,1r 4 A ? r'Y,,-a .�z7.-ik` • .* 5 g- f 5 1 t )��, niS F • F P k . 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JOB#80-1566.007.00 SCALE: 1 " = 1000' FAX 303.772.7039 APPENDIX C LITTLE THOMPSON WATER DISTRICT LITTLE THOMPSON WATER DISTRICT r` e,', pirectors: Alex Saner,President Jim Cooper Kathy Gallivan-Grist December 1, 2008 835 E.Highway 56 Mac Juneau Berthoud,CO 80513 Paul Rakowski Richard Macomber P 970.532.2096 Gary Olson F 970.532-3734 www.LTWD.org Jim Doyle Tetra Tech 1900 S. Sunset Ct. Longmont CO 80501 Dear Jim: This letter is in response to your request for a water service commitment for up to 607 individual lots,in the location described as follows: PORTIONS OF N.E. 1/4,SEC.20,T3N, R68W--WELD COUNTY,CO At the South West corner of WCR 5 and WCR 32. 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. We currently serve the area through a 6" line at the intersection of WCR 5 and WCR 32 and have a 12" diameter water line located along WCR 32 and an 8" line along 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 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. 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. 3. Prior to recording the final plat with the County, or initiating water service, you will need to provide evidence that the property in included in the Northern Colorado Water Conservancy District as well as the Little Thompson Water District. You will also need to have the property included in the Municipal Sub District of the Northern Colorado Water Conservancy District 4. You will be required to provide the needed water lines in the proposed subdivision as well as the following off site improvements: You will be responsible for a minimum 8" water line from your project connecting to the District's 8" water line located at the old Mead water tank '/2 mile West of WCR 5 on WCR 34 as well as a connection to the new 12" water line just East of WCR 5 on WCR 32. The looping of these lines into your project indicate the ability to provide adequate water service to the proposed lots as well as a minimum 1,500 GPM available fire flow for residential development. You may be required to pay a fee as a rebate to the developers that have installed the 12" waterline along WCR 32 if you connect to that line prior to the expiration of the rebate period (5 years).That 12"line is not complete and the rebate period has not started. 5. 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 $23,100. 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, 'F GJJI Michael T. Cook District Engineer 2310 East Prospect FILE: 08-004.05 Fort Collins, CO 80525 1 LC ph:970.484.7477 fa:970.484.7488 October23,2008 www.tec-engrs.com Little Thompson Water District Drawer G Berthoud, CO 80513 ATTN: Mike Cook,PE District Engineer RE: Haley Annexation Dear Mike: We have completed the hydraulic analysis of the proposed Haley Annexation in the NE %,Section 20 at the intersection of WCR 5 and WCR 32. This portion of the development is proposed for 607 units,and the requested fire flow is 1,500 gpm.This location is currently served by a 6"line in WCR 32 and a 6" line in WCR 5. The computer model indicates the existing system cannot supply the requested fire flow. In order to supply the 607 units plus the requested fire flow of 1,500 gpm,a 12"line will be required along WCR 32 from the existing 12"line at east of WCR 5 extending west to and through the development. For the short term this will be adequate;however,when the projected demands near Hwy 66 and I-25 area as well as the other committed taps in the area develop, it will be necessary to extend an 8"line along WCR 5 from WCR 32 north to WCR 34,then west to connect to the 8"line at the inlet side of the Mead tank. If you have any questions or need additional information please do not hesitate to call. Sincerely, omas F.Ullmann Principal The Engineering Company THE ENGINEERING COMPANY �\ 4; NA v rr I • c � r i \ qty• �' . .;.z _ XXX•••111 t NNA �.• i I V 41 �, t rrx \ 4s.`i:a y� / I ! I 111 \ ,`� ,r_C �. t\ 1 em'wr �' _�— 'H • a I. II • • ,M. I )) ��► 1 ♦..1%Y�♦ .1 c 6Jq � aaaf �1 * r��J! 1- rf}j,[,f'L.c y ` y`Rt�r I1 1 �n �I� 1 RR '� , s — •YI _f11� __GG t...-c • 3p�y� Ll��re c :�?1 - - �.I 1 t 1 I IP h a it Itt 1 Mt 1 • 9 tpl7s ti �, ,+ w cH � a THO J - J4 �ircas S F � f EVE Mpy. zs )) J rse ��ia-rre T x. +v _erg �I-'I.,".�,..t. j\ ` i > _1. 14+.1C•i '.: Di �i __♦ , I ., . �.v I '• —.-+ .i•.,131,!:' •I lC I) I I f- ' /f� ' s1 / L. Pd,} l'' _._ �__11 I : WATER I DISEM �" i_. 11t '�-r^Ise j. DISTRICT BASE M� U MOP MUD I {_I t h ` I ',,-.1._'_, _ " '� c�.I I_ V. L I MO MOM I % r1 , 1r tiles iv•1 I `�1 Y• n ' I I j �ll.�� La . 11 (I t, �,/, ! I ,,t �� :4 5 I I _Ii. 7i, I 'r ,AKA 7 P r . t ), c• 1 in , wr l i�:. 9 i )15:.:41 c - , I l 1 z 1i�-1�r' 1 L P 1 11 1- ^Fi4' '4* I I ll /ITC_ _. ,a<, 11 ) IPA Ct 11r .=rdnI f7,_Y-ra , ,I 1 {1 . H woo.40 �7ti1 1 / I nor mitt,aCI . 7 J 1 1 _ f 1 ri.i ).1- y 1 i i t " .i ai`I'ii N, d. I L,_ i 1 .i i, r�� ,»naw rm I I r 7„1' i \ .1, C� fAr 1 L{ I iii�'a. iI. 1 I 1 .,wmry J..l_LS.1— IIV/.' '''.t.:-'-'7' -- ��; '< . I4 r i_r , E, ��i r I iii .! ::RI ,1i---1-1---,. . �-' i i•. 1 .. i -. 11- I - Iti �,\- 1 ' i_.�__ • HALEY LAND CO. LLC PROPERTY APPENDIX D ST. VRAIN SANITARY DISTRICT av- St. Vrain SANITATION DISTRICT June 11, 2008 Tetra Tech Attn: Jim Doyle 1900 S. Sunset Street Suite IF Longmont, CO 80501 RE: Haley Property Dear Mr. Doyle, Most of the above land parcel lies within the St. Vrain Sanitation District (SVSD) 208 service area. A small portion lies outside SVSD 208 service area. Mead will need to be contacted as it is currently in their 208 service area. The portion that lies within SVSD will be served contingent on the following: • Subdivision Service Agreement • Inclusion into the District • Approval of onsite sewer construction drawings • Completion of necessary connection requests/agreements • Receipt of applicable fees Service will be subject to SVSD policy and rules and regulations. Please call our office at(303) 776—9570 with questions or comments. Sincerely, Megan H recht Project Assistant St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 Phone(303) 776-9570 Fax: (303)485-1968 MEAD a r, Y I‘771 �i (i t -. I u..� COUNTY RD 34 o ... rn a G o w 13 18 17 iiz 16 o i I t'o - O 8 `( . COUNTY RD 32 7 o VERMILLION RD.._.._ �.. _.._- _ --- --_ -____l__ .-_.....-.: ._.. g i . HALEY 3 ' ANNEXATION ', \ I o-• 1 Ip e°earF;' T A r r� F}.f4-✓rr 2 j 24 I >E z$Witt �yar ≥ 1 �'� ,ro,Sr'�r %' 1'�"`r4@ °s/' ,s'�,' S SUSAN L w- T3Nir o II - of r; .f,-& e(�'t'°rr f vC.9,-to \. HALEY z- d I Z o' 4.-m Y.,P`V'Y.}4 11 4 gaff. ,;� t*.a.° ,, t • 2 1 I, L a‘-',..04.1".4.1175t 41 ' x• a `'t I) r o m —_-_-- IIi STATE HWY 66 1 Pc z ig P 1Z r i a Sn U __® W 30 ' 28 a t O 29 4. o < w I rw a• ( m . M r-77,/} 4 • • C9UCLTYBCL28___ Q. 1 HYGIENE RD " o aa• j , — , GM0NT o ¢ 31 '7,-tt 1i /32 N r - i ti j __ M M a z 3000' 1500' 0' 3000' 6000 • VICINITY MAP Im _ a 1"=3000' SCALE IN FEET Q N A op Drawing Description Project No.: 133-27364.08001 ✓ CI TETRA TECH HALEY ANNEXATION Date: 2-12-10 . VICINITY MAP Designed By: u www.tetratech.com Drawing No. 1900 S.Sunset Street,Ste.1-F HALEY LAND COMPANY, LLC a Longmont,Colorado 80501 c ti) PHONE:(303)772-5282 FAX:(303)772-7039 Copyright: Tetra Tech E . 7 18 17 16 • CR-32 - - ( { I 19 20 21 1 — — 7-77.? li \ii. M \ ' .---)._ I j 1—(:) I -7-1A r 1-4 L- 1 . ,_,_ 30 J I U I! Legend rlI Roads -- _.. TYPE i1 .---HIGHWAY I ti CR•28- li —MAJOR !;!ii 31 2 if\ 33 LOCAL i"i —Main Una Sewer Lines !,; N j _ j SVSD 2Q8 .t Main Line Manholes ( ® tusH jj l A Market 'l' < ' St. Vrain Sanitation District I I I 4 I I ; f ! { I { Mali � �qNe\Pd ✓ _ _ �; ' I it I_ I �InJ: ��►' p1 t 21 I a ii L 1 I T2 . -1, r,7 t •.„... I dens N ntl viri� t 'L 1 11 1 A s. > al 91/ pOllll , I ) . II 01 1834454 m�0401011'•I' ti„k h'y m is ' (I � ° " 10111 Y wP �. 730, '" LL1,i.,� rn N 18 " 1] - e I — rr► � I N II 99gg F or..,..� I ea• r�£. 5 4 ' aj, mil o 111111 . l li. B ! s 1B (� I I o Legend• r..... r§Ss� Q) O) CO -4 15 17 16 15 �t0 iM4!! X11 u rrl r(/I L Yd 14 19 20 31 Btl 1 1 4.4.443 14 �n _m 1 —38 nMe.M Wed aysaiGn I i II ON, f I .vun ROMS i j I 1 I I OPsi=Bum& I j I I CI 2D8 Seunthiry I 1_woo oaf ewmy N QMar®B.n a..y W 0 0s 1 APPENDIX E TOWN OF MEAD a • Town of Mead and Planning Influence Area L 11 y �yi a Comprehensive Land r Tat ' Use Plan J iA 3y p LAND USE CATEGORIES !' '\ 31 BR Rural Residential LLR large Lot Residential a .I r e S£R Single Family Residential MF Multi-family Residential A - RCmu Regional Commercial Mixed Use A (� Commercial Mixed Use J ice' yr! sra DM'''. Mixed Use Ij L20 Planned Industrial Mixed Use ,' P Public/Semi-Public A y ilk A A d [ Park/Open Space A v LI aa— Agriculture Fast and West Arterial a an l aA \ Roadway Corridors al a - ill Gateways into the Community Existing Bike/Pedestrain Trails =�N� �� I ,} ♦ � Proposed Bike/Pedestrain Trails .„Al Mead Town limits(2008) Mead Planning Influence Area 00 Section Numbers UNlONRESRRVOIR': I I C I � end Irrth Slain Wen tithIsiolweesa rte. ilb associates 4 , .. APPENDIX F WELD COUNTY MUD 18 17 I3 T° 1J ft stil ,.. - r - la 4: '711,11k g- sir 20 21 ill" =; (-1--- :ya i.' iiiIt. can`li ngair, „roil, 0L.. .. „so ,, ,/ ,.. //// / _rir ant fi;:rek r je. ir--7, i da a 4 6 ijimi da_ r IF !/ — f4fl I. / I VII, I ° , APPitlartli x a, of 1 alit 7® aA t etc ll Erri�E ° � a::�` .°jcø rv" /y ,riivy 3, F3 y Z s i aet: ;24;," ya,A .nig„) 15 At^AIWA 0 18 ;- 'I/rtI' PAr;die 'P �.ai IRE - IllmChur //// Aro; re '" % 4 ' Legend O Community Park CI1.25 MUD Area Boundary. I Untiring Site Factors- Lowest Intensity a listoric!Community - Regional Park Neighborhood Park -Employment Center- High Intensity g In Residential Lij City/Town Annexations Q. Neighborhood Center Lower Intensity 1/2 mile service radius ®Regional Commercial- Medium Intensity Other Community Trails ® Transit Center Roads Ai' St.Main Trail System Q Future School Site PROPOSED CHANGE I-25 Mixed Use Development Area Structural Plan Map 2.1 Structural Land Use Map Map Dlte: October 28D8 c WATER RIGHTS REPORT Haley Land Co. LLC February 2010 133-27364 r WATER RIGHTS REPORT HALEY PROPERTY EAST '/: AND SW '/4 SECTION 20 AND SE 'A SECTION 19 T3N,R68W, 6TH P.M., WELD COUNTY, COLORADO INTRODUCTION This report describes the water rights historically used on the Haley property located in the East %2 and Southwest '/4 of Section 20 and the Southeast 1/4 of Section 19, T3N, R68W, 6th P.M., Weld County, Colorado. The property includes approximately 599 acres. The investigation includes surface and subsurface water rights. Data describing the water rights is presented, along with the historical use of the water on this parcel of land. Figure 1 on page 2 shows the property location. The water rights used on the land include eighteen and one-quarter shares of Highland Ditch Company and 201 Colorado Big Thompson (C-BT)units. HIGHLAND DITCH Decrees The Highland Ditch has the direct flow rights summarized in the following table. The Highland Ditch direct flow decree is shown in Appendix 1. Decree Adjudication Appropriation Amount Date Date Original and Enl. 6-2-1882 11-30-1871 205.46 cfs 1-3 4th Enlargement 6-2-1882 6-1-1878 23.57 cfs 5th Enlargement 3-13-1907 9-20-1902 95 cfs The Highland Ditch Company also owns several reservoirs. The original decrees for these reservoirs are listed in the following table. Each of the reservoirs has several refills and enlargements. 1 Vow \___4H:tj i 1 \ 7' , fin ; II o (X i I( . /60if . 505) •WTT e Tif n-- • ---- --Is ) 1I r I .I I csb -�.D/T°HI I /...I ... II \ ' 11 ii I �\ yo ji 00 \J y II /�� I �� ` I 6050 INik .4 : 5060 P 5051ji -�;...J _ ' --, . : : ---- ,, ,,,__ _ , • �II a-- 7 .1 ) Il , IPID ,,,.... . ,, ,, r_____ , 4L I� .. . N5050_ Iti‘ ... „ , _ %--: , I \ -, - , . . , . -5 , HA EY P'e ,c __= it /___ _.,_ — ‘. - 7.--.--- :::- . NI , °; , iii B I/� •o 1„ , i. !4 f Gra Hall 4986 \ _In• 'III d 5030 • o I • J ''' ---r--N 5000 ( ) I I o I V "� 9 ( �>_� _ I_ I • %Kir la \ ° ° 111 • I •11 6930 3 2 Figure 1 Property Location Reservoir Adjudication Appropriation Amount Date Date Highland No. 1 2-21-1883 11-15-1879 778 acre-feet Highland No. 2 2-21-1883 11-15-881 1650 acre-feet Highland No. 3 2-21-1883 11-15-1881 869 acre-feet (Foster) Foothills 6-1-1926 1-13-1910 4239 acre-feet Beaver Park (49% 3-13-1907 6-30-1892 888 acre-feet ownership) (total capacity) McIntosh 3-13-1907 10-8-1902 2460 acre-feet Yield According to the Highland Ditch Company office staff, the average yield of the Highland Ditch Company's storage rights is 300 inches per share; and the average yield of the direct flow right is 300 inches per share. The total of 600 inches converts to about 30 acre-feet per year per share. The Northern Colorado Water Conservancy District (NCWCD) records indicate the average yield of Highland Ditch is 20.76 acre-feet from direct flow and 8.8 acre-feet from storage for a total of 29.56 acre-feet per share. The City of Longmont has also calculated the average yield of Highland Ditch shares over the period 1950 through 1988. Longmont estimates the average annual yield per share to be about 24 acre-feet. It is unclear if this estimated yield includes storage. The Highland direct flow decree is very junior and will not be in priority in below average water years. In 2002 (worst drought in 100 years of record) one Highland Ditch share yielded 83.5 inches, or about 4 acre-feet. This water was from storage only. Assuming an annual yield of 30 acre-feet per share, 18.25 shares of Highland Ditch will yield about 547 acre-feet under average conditions. Under severely dry conditions the annual yield will be about 73 acre-feet. COLORADO BIG THOMPSON The Colorado Big Thompson(C-BT) project is a trans-mountain diversion operated by the NCWCD. The water is diverted from the Colorado River on the West Slope to the East Slope under an August 1, 1935 decree. The storage facilities on the West Slope include Lake Granby, Shadow Mountain Reservoir and Grand Lake. The water is conveyed from the West slope to the East Slope via the Alva B. Adams Tunnel located just south of Estes Park at Mary's Lake. The storage facilities on the East Slope include Mary's Lake, Lake Estes, Pinewood Reservoir, Flatiron Reservoir, Carter Lake, Horsetooth Reservoir and Boulder Reservoir. The total number of C-BT units in the project is 310,000. The total number of C-BT units on the Haley property is 201. 3 s r C-BT water is unique in that it can be used for agricultural, municipal, or industrial purposes within the boundaries of the NCWCD without undergoing a court decreed change. Many municipalities, water providers (like Longs Peak Water District, Little Thompson Water District, and Central Weld County Water District), and industrial users own C-BT shares. In fact, the majority of C-BT water is owned by such users, while only about 23% is still owned by the irrigators for whom the original project was intended. Yield The yield of a C-BT unit depends on the quota set annually by the Board of Directors of the NCWCD. Historically, the average yield of C-BT units is 0.7 acre-foot per unit. The 201 C-BT units on the Haley property will yield an average of 140.7 acre- feet per year. The combined average annual yield of Haley's 18.25 shares of Highland and 201 units of C-BT is about 688 acre-feet. GROUNDWATER Mr. John Haley indicated there are no wells on the property. A check with the Groundwater Records Section in the Office of the State Engineer indicated there are no permitted or decreed wells in the East 1/2 or the SW '/ of Section 20, or the SE ' of Section 19, T3N, T68W, 6`h P.M., Weld County, Colorado on the Haley property. There is a small parcel (not part of the Haley land) in the SE '/ of the SE '/ of Section 20 that has a well, permit number 054233-F. A copy of the permit approval is included in Appendix 2. There is no tributary, non-tributary, or not non-tributary water to be considered on the Haley land. HISTORICAL USE OF WATER RIGHTS Information regarding historical use of water was obtained from Mr. John Haley and records from the Weld County Farm Services Agency. Appendix 3 contains a table summarizing the crops grown on the Haley property from 1996 through 2007. The summary is based on the"Reports of Acreage—Farm Summary" from the Weld County FSA for years 1996 through 2007. The summaries for years 1996 and 2007 are included in Appendix 3. Crops grown included alfalfa, barley, corn, grass hay, sugar beets, and wheat, with pinto beans, sunflowers, and oats (cover crop) grown occasionally. 4 t f SUMMARY The Haley Property is located in the East %2 and Southwest '/ of Section 20, and the Southeast '/ of Section 19, all in T3N, R68W, 6th P.M., Weld County, Colorado. Crops have historically been grown on an average of 534 acres, of which approximately 461 acres have been irrigated. Irrigation water has been provided by 18.25 shares of Highland Ditch and 201 C-BT units, which have a combined average annual yield of approximately 688 acre-feet of water. The crops grown were primarily alfalfa, barley, corn, grass hay, sugar beets, and wheat. There are no tributary, non-tributary, or not non-tributary wells on the property. 5 APPENDIX 1. HIGHLAND DITCH DIRECT FLOW DECREE u r 3 I \s Vu C3ti Vi 1/471 N`NdTka ti 147 �' \� •e E 0 4 r` I� j I Y o .1i "v p i , V W O 13 A Ii kin a a �/�\ w ti � t _ - a t.' - - tU Q 0 m O R r _F. a o 9 b .��, I " ti - y ak ti I F • `�-. t S4 'xi c I STATE Op COLORADO,l Water District No. 5- (ss• }//,', G� In the matter oftfhe . 2 --- r/./..- r im._�J_...._.._.._..__..�._—..�_Jlitch. - . The same being in "Witter District No:5f Which said"Wider District No.5" embraces portions of the Mantles of Boulder, Latimer and Weld,and is within and under the jurisdiction of the District Court of the First Judicial Distrirt of said State, sitting at the County of Boulder. This Cause coming on to be heard upon the"Statement"filed, and the testimony and proofs heretofore taken, and (he avmurnnds of counsel and of parties interested herein; and an "Abstract"of all the testimony and proofs made and •-F/urtings" thereon,as required by law,which said "Findings" are considered and made part of this Decree. - It is Ordered, Adjudged and Decreed: That the name of said ditch is Ale 1 r e 4 et • Dye and the euv1e is- - incorporated. r The names of(he owners of said ditch, together with their respective interests and post-office address, are as follows: . Ze ._ ...._..2� " .,6 7(4=. -r.....__ . . Ore---.----.-e e-.I. I_lC...P.._ot'sa;r Lad __,.. That said ditch is in Water District No.5. . That the head of said ditch is located in Sea._aa..�_, i8 , N. R._.,76.W.,in....E.4 r-SedeLdr2---- County, Colorado. `. That the name of the natural stream from which said ditch takes its supply of water is.. h%frees,f,, s. That the general course of said ditch is-S..(Ce7-l��__2-a„_.0/ ORIGINAL APPROPRIATION. a.r— ?? That the date of the"Original Appropriation"iation"of water by means of said ditch is the..._r./C. day of That the appropriation of water by virtue of "ORIGINAL CONSTRUCTION"is Number •.'7.-f•-• .. //, I That the AMOUNT of water appropricded by vino of Original.Construction was..c hrt/yxtc,_ __.lz�%!C-<r-aw6/JYC /F[TOO l _s �r r/ t K.!... �'Cuemnary"niches,tinning in said ditch on a grade ofrf/e...a /cr...� —i•f a'- % .-' ti t 18;3 That the appropriation of seater by virtue of the FIRST 6_l•1.4 Etc:ExE1'T is :camber 1 s That the additional of amount wader appropriated by atrYue. of the First Enlargement is Oustomary inches running in said ditch on a grade of • •f an inch fall per rod. - MaakLrg the total amount thus appropriated Customary tine s. SECOND ENLARGEDrEYT. That the date of the Second Enlargement of said ditch is the... day of 13_..._... That the appropiation of water by virtue of the SECOND ENLARGEMENT is Number That the additional amount of water appropriated y virtue of the Second Lidargerncn t is Customary che>�hing in said ditch on a grade of of an inch fall per rod. Making the total amount thus appr iated Customary inches. • THIRD ENLARGEMENT. r That the date of I h• Third Enlargement of said ditch is the o day of is.._..... That the ap rprudum of water by virtue of the THIRD ENLARGEMENT is Number ..............That th.uddition¢i amount of water appropriated by virtue of the Third Erdargernent is Customary inches running in said ditch on a grade of of inchfall per rod. - - e linking-the Val"mama Thu.ppeopriated /4.atomu m manes. FOURTH ENLARGEMENT. • That the date of the Fourth Enlargement of said ditch is the ..1.Y _day of_ K . 18,Act That the appropriation of water by virtue of the FOURTH ENLARGEMENT is Number - (tr....9 L_. That the additional amount of wider appropriated by virtue of the Fourth Enlargement is i Zece , L'.f! --rx taxi ts1 (/O Cf9 Customary inches running in said ditch on a grade of .t//,/ r- utdasas'�'eJ'all per,wk nee-e..,6 �j _ / , il....i / '" roc �1��)�•e. J r Malting the total amount thus appropriated.. 6 l Customary inches. \,�{ 1�)' ' FIFTH ENLARGEMENT. V III That the mists of the Fifth Enlargement of said ditch Cs(h t.tiI _..day of .a' s...e MY/ -, That the appropriation of water by virtue of the FIFTH ENLARGEMENT iv Number...,%/..__._. 'J h 1' , TTa t thee additional amount of waterappropriated by virtue of the Fifth Enlargement is.. ._ 274?-c.at_cs,e.16 (1:/.Sago} Customary inches running in sail ditch on a grade of..C.12/,e.e�"- f-cu i..•.h fall per nth 7n e c_ ,j Making the total amount thus appropriated (.0—OOO,. _Customary inches. s. SIXTH ENLARGEMENT. That the date of the Sixth Enlargernend of said ditch is Ihr, "G� �✓ . rJ� ur day oj_. �-e..ur/._ 14.7p That to appropriation of the of water by virtue SIXTH ENLARGEMENT is Nuvrber•, -ii_ 'that the additional amount of touter appropriated by virtue of the Sixth Enlargement is..�C?/-eL, r-!ri •o2..._t) !../rieio. ..........Customary inches running in said dildh on a grade of C/..,...,r f . L i PF of ••• •e fall perwrd r • .flaking the thud amount thus appropriated�._( i y •- S`"c �uri..u.. __G5urtmmr inches. 1 4)4. (Signed) THOS.' R. OWEN, Jr., Referee for 1Pater District No. 5. - �� .......+ni-."._".. -• .��..�.ti. �.-..... ..-� ��.... ..�. _..� _.-.. __. .� _ L ....__�.._� ..?1i'i ..,. .. _ ....mod_ • • STATE Or COLORADO. 1 Se. Cowdy of Boulder. In the District Court of the I4rst Judicial District of the State of Colorado, / sitting at the County of Boulder. \ore on thi2..G.-e4 a_.✓/ day of .r�a as-.tom 1Sr52:r One same being a juridical day in the :r-� e-�eeiv due_ Tern,of said Court, this cause coming on to be heard upon the "Report, "Findings"and"Decree"keretofore made,and entered herein,by the Referee heretofore appointed by 'this Court; and any party interested,having been allowed to appear, either by himself or attorney,and move creep- (ions to any matter in the findings or decree made by said Referee; and the Court having heard the same, and being fully advised in the premises, approves the said Decree; and, IT 2 ORDERED that the same be entered of record as the decree of this Court. (Signed) C'TIESTER C. CARPENTER,[SEAL) Judge. eA4' K./��/ Ci/iu e.✓/�-ar q �GL[�t� aC�r�j�/ P c�-e-.-+..ti r-',��+e sc eifti� - �,c- .7 o� f 4.veie-J �y Gi!4 (.4 ft • ....1-1100-1-)-Wry....1-1100-1-)-Wry7rtir ee-/!6-ae `2Ua�t e. (ls 2r/ Uerg e _ors• e c-n e �2 wej/!i a l!/rrra t, /-.-re-Zc..eo ex�-s //'tu erg-.se-s�ii l/ 2fr�1T7L. - z i U//IT-/2-1 S-zu GL/ l , ae 6! �l c2(./Gi-I fleal. -Ll"U<C y` rem-e—e: ui v�-vu... e�-tz.n-r a..y0 vi,/eJ i� ez..r J z/Ge-e� de<..q fc ec- -t o✓� ee-d � es�f_s+�t��e. /O' r1—«oJ ctei _w�.. .�rv. r,_.�.... _K. �. .xz Kv.>w._ sa....• �.._, >.. ...._ c r...ti�e_��v r:]var �. STATE OF COLORADO,1 38. County of Boulder. $ 7, EUGENE \VILDER., Clerk of the District Court of the Eighth Judicial District;of the State of Colorado, in and for the County of Boulder, (said County having been formerly in the First Judicial District,)and, as such Clerk, eustnd`an in fact of all the records and papers which are of said District Centre,do hereby certify the foregoing to be a full, correct and ccomplete copy of a certain Decretal Order of said Court, made and entered in said Court on the +i' e^r-r d day of the month of._.. .. ,in the year of our Lord th ousand housand eight hundred and eighty._ .. U. —the said day being a juridical day of the C_._. <e-c"2:-> Term of said District Court in the year aforesaid—.._ . in the matter of.a certain Petition for the Adjudication of the Priorities of Right to the Use of Water for Irrigation in Water District Number c2 of the State of Colorado, as the said Deer•ctal Order now remains on file and of record in my office. IN TESTIMONY WHEREOF,I have hereunto signed my name as such Clerk,and have affixed hereto the seal of said District Court, at my office at the City of Bouftkry in the County of B Ter and State of Coimndo.this_ j.,./ day of the month of... . .._ .._z:.r t� in the year of our Lord one thousand eight hundred and eighty-seven. . Clerk District Court. 9e1A, 00.4 C./0C A e cmAt U1 '11r— , r 'tc c_ .S5:47;.:1-1,01:6&;4:- .1, -,77--'7 ,:::;6 �rt e � Rig [, V s c c .Gam`- .O T ./.C-c--c-.re / ( �...„ =f'ie-. ZL,-c.]Lf.<c-GCccc�_:U��-� y//.�ILG/!y—LcLI�._.ti./l ..{ c��`'/J' ..._. \.c• 1 Gigs d .wA. u",l�<.->%e .«e R�/hr--ce�e��i/G/{ 1�t�ir,-+/ cr •v/. Z0;1, ty � , -oe,.._LC tip e=.7`5J/ .i40.-we-cez.v�G // (/ LlhH.; v \ ; 1 .� A ILL . \,1\ \ �c 10,-0.- `rhrc liv c.\yeZeL e -7ce�cr--a-.P" 7�-ri e--,-. t,.,<..[�. ;� - , .ll1�-o. Offal Ie e <.a ci . So,iree * e ;�. /G��--IGz-e Ctrs, �� t� c 4 \1�r-c-mac. VA`J�,\ /GL/_inert, auf-e de C_GGe. Orr Ge,eWe. yL2 fivr-e--eae� O-.-e U�eLaZe4aS Gee rCas-Cere 7 K 2.'1/�eJ 6.��n�-d l�e. �j ':<-; /s-a-.e.- , 7Ge,-G/..r, Giwt, pV4/i .--e- -rJ-lrs r e-:.<.r �s-t•a Z-G�u .7-,t7e�c ezv . / '. CI GC N c �G--- G G e" O,d!t arc a- c) cj c I��" ..r—ev nvs-e.oL-!/ U-e.t. e -n ; e.e•i � - /l.-2G:G.. ac7r-n-re,--n--e<--n-/?</e3�--,-.eeet-r/-C!Gezeu J C/✓rrrtcl r5-24:<„, a 1c c� -v s-r.c .7:4---CL,,S--:C.<-:c/I-C-.1e-c •J' lie..d 7rx-/fU/ eat (-9,74:7261, c' `?l rr_e.ece 7C?-s--t_ eC--44 —;�`f.,zz,,-., /11-1-a": G- <�r r a-C /-a-re-1a-it j O_-_.7? Z C/ 4C _'e`.,s.,.; :2-en----Uri//�/ G � a� c+-s �� c Lrrtr�, t/. cy< Jc<"/a/yG ✓CL!_.�re<_- /<i '%'r-G-a /G-AeeL,r/ —C'L� L4 0C-a✓<L{L-(�X ' �-'(.Lem-/r,�f•. 9f - l-..)1,-eJ 7(i-W-- -7G1oe oec :yr}eziti-C-cL.e. tec-e--..‘e-rt. /,_/, r 4 : fit' I 4u..[.rn4ffi�pt�_.v...�--i.?{ (M to cj p drGL 7G{ - ____ /'/ ✓--c_e_ce ocr. / -4 C--/.X2.0 `e a-c.;:e. r`�1� C !I-Pn-0".�#�-v_4O-7/✓.'-_-GEC'0---<Z .e. _e!!ni-/"t07_ aern a/ure-Cetx. orti+s • 7G1<+2 nc� G/"i 6C...-z-o'f.0_G2`G LS-LGa.2 c:,=l-Cla.- --. _i_742-7c.Gi4 - lid- >.c12-!� ....0/ y o GC«., fret, e.../ . 6-te;:r0 . . .7-1-0.4.--....„6„.„,..._.V. /�'. . - .r 2-s t r-u,o . e .c J` r.9c-,I—. L da.-�. - 2 - er--tr �;--An/.., �.,_c_0 .9,Z .. a.__�� ..tee- ka-s-!reriq..-G-74-ice -•i ee c e) /u e 711--4 ree /o-x -atem-o' ,,. C .. /'L-'r -ZCfl t-teet `-�T:mil Gi3N t —_ c/ \ D r 4--t-, •u L..fto�Gzt L.. TrCL .. (L S 1'1.. 74:::- ez &nt_ t/ —ri-� —5. J Pico 7.---- d G ..rote-.� _. .. C.1 ;4,1 e e ci 7.2- ro sk � // 1/2 ,\N ,K •f / G4 6e f l:st.�k�4.d l J C I-r-r e•-•-e.- % "7 fA��l-s/-./r i4 '��-rJ \c ,N- j .....2.2,-.2;..••• 1.Z--,...,...2a,.e� n r-nr -Zr.�r-e:--etc -C cut a cvr,. .Lam-- �v f ✓ 'rn` 1, %_r n :?cr< U c< ��.«..-�.vi4. 6o CC L.- 181.'�\ \___ _....._� r t/ ,e;;;;r-...> /Z-et.r l t) C eV!_wL ,C, 4 mfr-! e!2•a. - i • ere-c-.,e—.—The / �-ee'esy e-1-(1..- O cc; tl7pKI�//c-lG�..sG �.%=f_ rr-0 Ze '�[r e.e c •—/`-f, vyG •-i r,.cr-fir_, e ra a�_A a� -�✓ �i�5-r2-Gobi.. <,;e.�< 6a-e lJ_ pd`Y•��/v. 4'E�.G.o-��e��-�-<S ._e. .. .__ v r CCl __ • • - : e _ � ?� 30 .11 � _ STATE OF COLORADO, a - - County of Boulder. J _ I, EUGENE t%ILDEN, Clerk of the District Court of the Eighth Judicial District of the State of Colorado, in and for the County of Boulder,@id County having been formerly in the First Judicial District,)and,as such • Clark,custodian in fad of all the records and papers which are of said District Court,do hereby certify the foregoing to be a f orrect and complete copy of a certain Decretal Order of said Court,made and entered in said Court on LC v77 r� day of the month af.._ ...c.e..t....../�..� ,in the year of our Lord one thousand eight hundred and elgtay-_ —the said day being a juridical day of the Cilece.aZ. n�na de< Ze Term of raid District Court in the year aforesaid------ in the nuttier of a certain Petition for the Adjudication of the Priorities of Bight to the Use of Water for Irrigation in Water District Number tJ of the State of Colorado, as the said Decree!Order nom remains on file and of record in my ofilee. IN TESTIMONY NIILT.EOR, I have hereunto signed my name as such Clerk, and have affixed hereto the seal of said District Court,at my office at the City of Boulder, in the County of Boulder and State of Colorado, this day of the month of in the year of our Lord s • one thousand eightt hundred and eighty-seven. 'CPO • Clerk District Court, lino,l3lats1Q 4nli 7`—" �^'L � /r- � ) paapuny auto pucsnolp am 'poi ano 3n aeah 341 ul i ro,� ,30 gloom out 10 6ep ,x••77/ -'slyl topuop0 3°ait15 pu4'a '1}jo-11uno3 atp u1'aapinou 10 A0 4401 lc 011X0 £w le lung Uplsia pies jo Icas alp olaaa4 paxwo ane4 put'tpoO guns su;tutu Cut patflis otnnaaaq 3m41 '303 IJHAt AN0I41.1,SH,L NI 'aayjo 6w ul plooaa 3o put am uo upturn.'m.tu slin,,.,.,1 Net.a:p st bpvaolo0 10 alas ay1 30 /Th '13gtunN IDl11sIQ aaltA\II!uon09ua1 1011aleM 10 44/1 atp,n 149!2I 1"sapua:ad 342 1••0unt3p 4I -py 341103 uonnag 111021;3 0 JO Jamul 341 ui unap pies m paooaa JO paaauta put aptw'uno3 NPs JO aaaaja j 1n sltw pup unoaoo p!Ado" alaldwo3 puu 13aaaoa'lln;0 ago)9uto2aau1342 63121;3 £g3la4 op Copula lupipnf lvt3 a41 m 6pawau3 11334 2111404.ituno3 pp:11'lapinn;! l0 61uno0 441 101 put nl dope ol0010 alt1S 3411°puls!Q lewlpn(4u7913 a411n unn713P1s1Q"till"t114ID 71H IN 'A ANfJ3 l ss5 -aapp¢'f111'6uw -1 o I '00VU0103 30 31.\,I.S Lf� t- .}, c 11 a .�� s- as _ , U 3o 4 O � N r✓ O �'a O^ U 0 L. fil U .a - Q:rt _ �ry ... tit �. (— P. o o rn q C O S C •-c O., = 7 ,,yam -= _ '1 :`tai W m F F-. _ _eu Lt1 F ti z. z z • I ,\t 1 1 1 � il h 4 e 6 1 t. k t .„,„,. "j 1I v'i. N,# •?';cg±t+1'sw' -ro.,,zo- ' "P -7-a".:t. .%r3¢ '34 Er o- . . .,. ..vim¢ ,25,1.. 1:4:_.O.a.a r.aFcar.a°rsr :=rs'> .2c t t,. ..., . .s......:r.. n::.. ti STATE OF COLORADO, ) s�qJ ',..4 _. _. . Wm District No.5.l OW Hon.C.C.CARPENTER,Judge of the District Court of the First Judicial District of the State of Colorado. 1,Thus.R.Owen,Jr..having been duly appointed,and legally qualified,Referee for"WATER DISTRICT NO. 5."—said District ebracing portions of the Counties of Boulder,Lorimer,and Weld,and being within and under the jurisdiction of the said Court—do,by virtue thereof,hereby repetzao the say44plion.C.C.CARPENTER,Judge as aforesaid,my doings and findings,in relation thereto:•In re.The /'[.E'..!)/i>Cr(.6x-n..aC Ditch. Ito lnd /`,� FIRST—That the nasnw.f said ditch is,and is to be hereafter known as The ,F lam.�G?fi.(G��.e�_ SECONI)=That the names_of Use own•rs of salt dtch,togethewith their rrespe lice iuterests,and Poston-ice address areas follows: . —2—pl�'+r. Fd!Os..etr THIRD—That said ditch is in Water District No. Five. A FOURTH—That the headd'of said ditch is located c ire"S tion. .Tp. N.R.,,7Q.W in.. .. �•/.<r' County, Colon,lo.M.feJ..sil/.n,rj ltsd rc(q:u r .....(� sec. .bra re G��'` (Lief?xM§ { FIFTH-Chat said d ch takes ifisupply of water from....a ... _...act-esvr-.,.Q 't- fr SIXTH-That the general course of said ditch is.::f.T.. r.r:Z74 ,./, •Q .c < SEVENTH-Chat work was originally commenced on said ditch,the....i .day of. c ,...,, .r ./,......aud_van t,IC[gil ••� ........and water rat in't h shy � , . -.feet•. tL . _..,../�)'.3...... -�.akn'.(...... p- X01`- da of.�//`'� ,,/ EIGHTH-That as originally construc�was,p. ,. ,codes lon�.Lr4.._.feet wide on the otb tom i/rl:.feet wide on cop.fj�o niches deep,j:�,een fall to the ro.i,grade. { it. _ b slugs NINTH-That the nature of the work as to difficulty of construction was.zIOCrt. TENTH-That the diligence building was sufficient. � j l used in tar„^p ern i I ELEVENTH-The capacity of said ditch,as originally constructed,was.4:14.04..,...inches of wit uehl j .. ixwmsirwr,.twmit feel-wide-,.., st.._ i,octmn ( p j Fain wi+s+rgtale- f ef�.ch wifteu,.-nth . TWELFTH--That the amount of water claimed for said ditch by virtue of ORIGINAL CONSTRUCTION is/iTQ- 5 , i ....,--"4-7.C.-cr.-C. • 'I'1{I R'fEH NTH--That the date of the ORIGINAL APPROPRIATION of water by virtue of said ditch-was the........day of FOURTEENTH-That the ORIGINAL APPROPRIATION of water for said ditch is NUMBER Fl FTEEX TH-Than the number of acres of land lying under and irrigated,orproposed to be irri .2•� pp Y g g. bated,by water from said ditch is a3..l,,,47(..._., That of this h number there have been actually irrigated/.g,�,2.,acres. That the nature of the soil of said land is T-rare c:// F./f,•_e..e, ./.,eHax-Cre such land requires..�, inches of water pif acre to irrigate the same � SIXTEENTH-That the amount of water appropriated by virtue of the ORIGINAL CONSTRUCTION of said ditch is(y,r F,2:t... ; ,4itedats cif loches. � C I further find: I:: That said ditch was... ...:...ewkrgxda.ul extended. 'Clint work was commenced thereon the day of and completed the day-of............. That as .........• .GJC Cl1l.(4/_, ti �said ditch was .,_.z.-4- miles Ion, g. ..��... feet wiAe��be bottom and .../..4...... feet wide oil top,and e--7 feet deep,with a grade of ii. c ..rf-•• ,' fall to the rued. :FM.t-the-elrl F.vae.uv.., , y.+T.-..as iuu.cs. 'Chat the nitiere of the work as to difficulty of construction, was That the degree of diligence used was sufficient That the increased capacity thereby occasioned was .... .................... making a total of ' 'That the number of acres of land lying under and being,or proposed to be,irrigated by water from said ditch as enlarged is acres. That the native of the soil of said land is That it requires .. ........ inches of water per acre to irrigate said land. That there has(seem actually irrigated from said ditch acres. That do•anoints of water claimed for said ditch as so enlarged, is inches,or so much as will flow through a ditch of the following dimensions,to-wit: feet wide on the bottom, feet wide on top and feet deep,with a grade of of an inch fall to the rod. That the amount of water actually appropriated by said ditch as so ............ ... enlarged is inches,or so muds water as will pass through a ditch of the following dimensions,towit: feet wide on the hotuwn feet wide con top,and feet deep,with a grade of of an inch fall to the rot. '.a1 liar•bs.e of appropriation of water by the enlargement was the day of That the Nicobar of Appropriation,by virtue of enlargement is NUMBER .... LrL_::..1•'.'..:. de-lent.. .....r/JC.-:i H .G�'f/.L.1..- .. ...7fe.fell G.C..R✓'../ G.ila.C. _ CZn-drSe . carter X .7,7nP .../.-rese t-.. a!Zu.-.e:Cv.0- era ../..,,7 ,d-i.'trerFs...,rreed-, ...a....a .. /cfJ.6.s./..0 0.......9 ( b.............. G. .7.6 ....cYrs:a c! r r...... ,....../.,fj77,. t Rcs.......4, 4:07-4 c n......../.fj_.rF.....ln.¢0 Respectfully Submitted, . • • THOS. R.OWEN,EN,Ja., i87 /- __ '21.--<....- f" f_ • /• �/ Q Referee, Water District No,5. ! r-c��r..f._ a/ -!10.-/'� F4.c_sa./w.A.rf..e//yr.", YI<.zs Xc.� e APPENDIX 2. WELL PERMIT 054233-F 4ornrlf)f1. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial&dg.,1313 Sherman St..Denver,Colorado 80203 (303)8663581 EXISTING WELL PERMIT NUMBER 054233 - F - ApPI (CANT DIV. 1 WD 5 DES.BASIN MD APPROVED WELL LOCATION WELD COUNTY RONALD R&CATHLEEN NATS SE 1/4 SE 114 Section 20 14077 WCR 5 Township 3 N Range 68 W Sixth P.M. LONGMONT,CO 80504- DISTANCES FROM SECTION LINE$ 400 Ft.from South Section Line (303)485-2176 100 Ft.from East Section Line PERMIT TO USE AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONpIJJONS OF APPROVAL 1) This well shall be used In such a way as to cause no material injury to existing water rights. The Issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)on the condition that this well Is operated in accordance with the St.Vrain&Left Hand Water Conservancy District substitute water supply plan approved by the State Engineer on June 13,2000. This well shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the water court. The subject water supply plan is currently valid through June 30,2001,and if not extended of if a court approved plan for augmentation is not in operation.this well permit is null and void and diversion of ground water from this well must cease immediately. 4)_ The use of ground water from this well Is restricted to household use in one single family dwelling,watering of domestic animals,the lawn and garden Irrigation of nor more than 22,000 square feet,and kennel operation for up to 40 cats and dogs. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1 acre-foot. 7) The owner shall mark the well In a conspicuous place with well permit number(s),name of the aquifer,and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request. 9) This well location shall be at least 600 feet from any existing well completed in the same aquifer that is not owned by the applicant. 10) This well is subject to administration by the Division Engineer In accordance with applicable decrees,statutes,rules.and regulations. NOTE: Since this is an existing well already equipped with a pump,no more work reports need to be submitted. BMROVED � 24,OP* .41 /�Lr°< • Receipt No.0457862 State En near DATE ISSUED- UL 24 2000 e EXPIRATION DATE J U L 2 4 20 1 APPENDIX 3. FARM SERVICE AGENCY CROP SUMMARY O V CDN tn'N 'ct to — (D tt) Tr co NO T.- NNi. CDCAIto — r (0 ) Q (Dmci 0Mc'M 0 - () 66 ON (r) 61') '— NOO ~ 'i6 - (O ' cotoC'r) C') Tt '— Cr) U) NN UP ' CO s- � V- Imo .-- N NM C9 ON A--- N A- A- N r- N r ' N '— CO N 'c" •- y- r- H a)• 0ON CO N C Co C�'P) (N to 0 0) O � (O ') t N 0) C10 C') ti c7 v v 3 T- v..) CD ' 0) O N 0 r.--- c J U) .-- O1 N 00 N N O U) 1C) 00 to U) CO 06 V' M N Crj ' CD Tr coi N N N Tr to co (o N O) 3 CO y -co al 0 0) 00 Tr N Nt (() CO to r 0 it CD 00 CO to to O Y- M to (O to Z' 2Tr V N TT N tl V 'd- o Ur Ill i C0 0 COOS to CO CONN CO U7 CD ONif) N �t E O C) N N N NN- 6N M C) Nti C to E a 0 N CD N 01 CO 0 coa) CL o m = U) O V C N Q (4 4) LL co T to N 0) CO N U) NV CO U) O to as m O to x- ' N to M N to N co O) (p N t-- % T to N CO CU NN0 CD U) � 00N 00O Cl N NN. NTY' Tr N U) ODNA- V-- CAI C*) N C'7 (N uiN UPN 6 " ' 0 U) WI 01 I. 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FARM NUMBER : 3956 FARM SUMMARY DATE : C)7---09--9c Operator Name and Address ID Original: __^ MICHAEL LITZENBERGER 8703 Revision: 14661 COUNTY ROAD 5 ___ LONGMONT, CO 80504-9642 Cropland: 273.0 Farmland: 310.0 ROiE: the fonI-Owing statements are made in accordance with U F71 accyT t 5 T974Z5-0EC-5 25T. TFie icuITii aI AdjusTment AEI of 1938, as amended, and the Agricultural Act of 4949, as amended, authorized the collection of the following data. The data will be used to determine eligibility for assistance. Furnishing the data is voluntary, however, without it assis- tance cannot be provided. The data may be furnished to any agenom_r onsible for enforci g the provisions of the Acts. F-017-repor 5 burden Tor i'is coITeE n of I"nforma—tion is estima ed average 60 minutes per response, including the-Tr e-- for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and cogGletin and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspect of this collection of information, including suggestions for reducing this burden, to the Department of Agriculture, Clearance Officer, A3 Box 7630, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB No. 0560-0004), Washington, D.C. 20503. RETURN THIS COMPLETED FORK TO YOUR FSA COUNTY OFFICE. Producer Name ID Crop Share Crap Share Crop Share . MICHAEL LITZENBERGER 8703 WHEAT .5000 CORN .5000 BARLY .5000 MAXINE HALEY TRUST 4937 WHEAT .5000 CORN .5000 BARLY - .5000 Crop Reported Determined Crop Reported Determined Crop Reported Determined ALFAL 87.0 BARLY 20.5 CORN 68.0 WHEAT 90.9 'TTRTY-CERTIFICATION -I certify to the best of my knowledge and EHIF.T-tbacthe acreage of crops ar land uses TI teT` herein are true and correct, and that all required crops and land uses have been reported for the farm as applicable. The signing of this form gives FSA representatives authorization to enter and inspect crops and land uses on the above identified land. (perator's gignature --� --- "ata . this program or ac vity will be cond—41'' o nondiscriminatory basis without regard t.o race, color,religion, national origin, sex,, ale., marital status, or disabili y. 5-7 3 . ---- :: ._._.___„,,. A2-6-- .-2-0 • . • PAGE 1'D, COLORADO Form Approved - OMB No. 0560-0004 I A-5713(02.-0 I —91 ) REPORT OF ACREAGE PROGRAM YEAR 199( •FARM NUMBER : 3956 FARM AND TRACT DETAIL LISTING DATE : 07-09--9( Operator Name and Address ID Original= _! _ MICHAEL LITTENBERGER 8703 Revision: 14661 COUNTY ROAD 5 LONGMONT, CO '80504-9642 Cropland: 273.0 Farmland: 310,0 Tract Field Irr Var/ Int . Lnd • Reported Determined 0/ Crop PltPr Prod Prod Number Hum ID Prc Crop Type Use Use Acreage Acreage M Stat FCIC Share ID 5735 IA Ir ALFAL Hay 17.00 I 2 .5000 8703 .5000 4987 ID Ni WHEAT HRW Grain 5.90 I 5 .5000 8703 .5000 4987 1D Ni WHEAT HRW Grain 85.00 I 5 .5000 8703 4987 iC Ir 'CORN GRN Grain 68.00 I 2 .5000 8703 .5000 4987 IE Ir BARLY SPR Grain 20.50 1 2 .5000 8703 4987 IF Jr ALFAL Nay 38.00 I 2 .5000 8703 .5000 4987 IG Ir ALFAL Hay 32.00 I 2 .5000 8703 .5000 4987 • Cr Nirr Irr Croapp Nirr Irr Cr Nirr Irr ALF 87.0 BARLY 20.5 CORN, 68.0 WHEAT 90.9 • Photo Number/Legal Description: S2 20-3-68 A 28/4 (50X Maxine/50X Trust) Cropland: 273.0 Reported: 266.4 Difference: -6.6 Reported D,B,S,R,A: .0 r.nrc • _ ie- I , :t . z s x IM,A? Not 'TD SCAL F l�� `]{ n r- y r t. YA u t f • b • x rr» � .avRV, Yit b zi 1 - 7 ; .` tom • 131""4-1-Sr .y., • `ist tc.r l _. --`�. r s Y. . [s.1...s., `^ ,.&,-..:,--,,,--t, v �� - � Jtet., .iv ` Pry ♦ t[,*1 kK F -::'.,:.::1,77:,;:li: ., ..d. .„ +� t'. rr 1 9 �. .� A -�� l�yt- M'� l•` t VV v p 7•-. r." .a ,1 Y -•y_AV -F • , \'p �� m _ • T t i I 1 �S 47) • --------- : . .I� lJ ,RS r\ty t ass imp ,, : w „ K 4 , fsx. {y' } !1 ni"'� ,04:awa.3r w ... T d l6 i':71°7-7-17:1:1- '' � >jx , tai, ! •1 2-- -r.'3y-- F! "ii: M, i , • . WFL.D, COLORADO Form Approved - OMB No. 0560 0004 A-5.78(02-01 -9i ) REPORT OF ACREAGE PROGRAM YEAR 1 99( FARM NUMBER : 4973 FARM SUMMARY DATE : O7—O9-9( Operator Namee and Address ID . Original: M MICHAEL LIILENBERGER 8703 Revision: 14661 COUNTY ROAD 5 L.ONGMONT, CO 80504-9642 Cropland: 278.7 Farmland; 328.0 MITE: The following statements are made in accordance with tff Frivacy AFT-6T 19/4(5_flt 2a). The Agricultural Aajistment Acf of 1938 as amended, and the Agricultural Act of 1949, as amended, authorized the collection of the following data, The data will be used to determine eligibility for assistance. Furnishing the data is voluntary, however, without it assis- tance cannot beprovided. The data max be furnished to any agency for enforcing the provisions of the Acts. Fu6lic reporting burden for this collection oTinl'ormation is estimated to average-g:0 minutes per response, including the Erie- for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspect of this collection of information, including suTgestions for reducing this burden, to the Department of Agriculture, Clearance Officer, A3 Box 7630, Washington, B.C. 20250, and to the Office of Management and Budget, Paperwork Reduction Project (OMB No. 0560-0004), Washington, D.C. 20503. RETURN THIS COMPLEiLD FORM TO YOUR FSA COUNTY OFFICE. . Producer Name ID Crop Share Crop Share Crop Share Crop Share MICHAEL LITZENBERGER 8703 WHEAT .5000 SBEET .7500 CORN ,5000 ' BARU/ .5000 MAXINE HALEY TRUST 4987 WHEAT .5000 SBEET .2500 CORN .5000 BAfd_Y .5000 Crop Reported Determined Crap Reported Determined Cron Reported Determined ALFAL 32.0 BARLY 15.2 CORD! 24.0 GRASS 113.4 SBEET 53.1- SUMFL 10.0 SAT 22.0 ,(AIUR'S CE>iiifICATIOfiT`—rcertTTy"to-th-Fbest of my Fnna-'Ted- aW5eIieT-551-tf acreage of crops anaTntTaseS�lstea --`-- herein are true and correct, and that all required crops and land uses have been reported for the farm as applicable. The .signing of this farm gives FSA representatives authorization to enter and inspect crops and land uses on the above identified land. Operator's Signature '- --�"` -'Date _1 7-7rlc' is ryo program ac ivi y wi I5 o uc on a no iscriminatoasis-wiotFi at r-e�,5T -to race, color, region,naonal'�_w�i }i origin, sex, age, marital status i or d sability. LP/ 7:- S E Xe 4ac— I9 _. Parr- '` ' r 5, CI 0 ;rf r 0 � r VY! �'� ` R n , 11,44•5U ft /6.3 N.1. ri P28 - 3_ 3 ......„.... ' $d _ '�. .pet.„ '' NOT r 5C.AL.E 'I j . r sar- �, v,4rf Y � \ .1` !yi< " ,? a tea. , • • C`b tl1P .11:71: Gr r st7 1'�bi • _4 V ._ it , . :lc.. ... :. . ‘. .-•- i r • _ . 4:: ,.:- 11 . , . � O , . xt. ft, ,. \\.......:::11. '-42:1"----''',i1.,.6-6,-'--,..,I.Jill' H wC �'''�c�� 5'9 ya' �5 £9N.� •�` -pmt. ern. .. F • 1. +y I _ t .} . Iey I •,ems '- ?GLIj �Nt. 9 i f A1� /4C1fY , - 56i II 9t1" $ ' - i a1 °Sy'5,.?}. t r .. as K , Sri . v _ `¢•r C ffY�gr'4e/ . I 5 v r Y +C•t y M1 ., i , wr...- 7 � fit. ,. `, 4ean .F i, r i Ytfrr .st yytci E III t ? .r' a' z e i , ! •i'J!''1"" • _ ' ,� 11 k ,sue '2 1 + ��rr»E 5• sr:, V. `,,li471,1;:::1:1-6.-%g 3 -_�. I _ wf s •:.•'..',-% ;-.C•74.1". 3` _r t` 'D, COLORADO Form Approved - OMB No. 0560-0004 .4-578(02-01 -9i ) REPORT OF ACREAGE PROGRAM YEAR i99< FARM NUMBER : - 4973 FARM AND TRACT DETAIL_ LISTING DATE: 07--09-•9< Operator Name and Address ID Original:• MICHAEL LITZENBERGER 8703 • Revision: 14661 COUNTY ROAD 5. LONGMONT, CO '80504-9642 Cropland: 278.7 Farmland: 328.0 Tract Field Irr Var/ Int. • Lod Reported Determined O/ Crop PltPr Prod Prod Number Hum ID Prc Crop Type Use Use Acreage Acreage M Stat FCIC Share ID • 5644 18 Ir ALFAL Hay 22.00 I 2 .5000 8703 .5000 4987 IC Ir CORN GRN Grain 24.00, I 2 .5000 8477003 1D Ir WHEAT HRW Grain 22.00 I 2 .5000 8703 .5000 4987 1A Ni GRASS BRO Graze 68.00 I .5000 8703 .5000 4987 Crop Nirr Irr Cr R Nirr Irr Crop Nirr Irr AIFAL 22.0 CO 24.0 GRAS WHEAT 22.0 . Photo Number/Legal Description: SE 19-3-68 A 28/3 Cropland: 143.7 Reported: 136.0 Difference: -7,7 Reported D,B,S,R,A: .0 5645 IAC Ni GRASS BRO Graze 16.80 T .5000 8703 .5000 4987 • 18 Ni GRASS PRO Graze 28.60 I .5000 8703 . .5000 4987 28 Ir AARLY SPR Grain 15.20 I 2 .5000 8703 _woo 4987 IAA Ni $UMFL 10.00 I .5000 8703 .5000 . 4987 2A Ir ALFAL • Hay 10.00 I 2 .5000 • 8703 ,5000 4987 2C Ir SKEET Proces 10.00 I 2 .7500 8703 .2500 4987 2D Ir SKEET Proces 43.10 I 2 .7500 8703 .2500 4987 Cr Nirr Irr Cr.' Nirr Irr Cro Nirr Irr AL1F& 10.0 Y 1;.2 GRASS 45.4 SKEET 53,1 SltiFI 10.0 Photo Number/Legal Description: NE 20-3-68 A 28/4 Cropland: 135.0 Reported: 133.7 Difference: -i.3 Reported D,B,S,R,A: . .E Parr- i It44-.s! ILd4 ( , , - r`r i �� __/. Pr AI • M n• x t/vlr\? NoT 7 SCALE I *Fig Q� Y • II t t 445n v1 ?; A. 4 J R� -,--*`.:;.:3',;-'4:?!..,-,',x .�.£Z biz � ### �. �, ar ,r s C u r YA `[4"� y " ,yp `u�Sh A iF.Y.N •1 j i s Itirte.-_--_ -�•_ r- € `e .\� k. : ^,.CIN\ ‘,- � �LI�•..--,,,,--,-,,,,,-;.--..4._- 4 ! ° \ ,E. r� t M , i` `� 4 i k r_4 2 .tm"._1i'e tr _ { -5..-1-4‘,- --s ` l4:1§1?'"'S^ 4.i' .4,2"."..-- \15 ; _ cJ t p. " s5 . too- li Av , daP t r y ' �f'" 4 k • ...s_.....e.r.--. r .y • ✓ ' tr,.g�.,. ,x Off- `r • {{5e"4 " 3.-_ rEV ."'y"y^s4' - ate. ll ``:lis �VFrv� s ' �....v.i, r r' ,�.w d� Wit ,y .. t Mt.� Y3 � .a w CY. I ',. M.s f / 461.5 peeupry „ r .� a .,,,ii., x. $ y . H Y. ipp . .y. jL 5 Y �yL_-G-'-‘01:-'--r lx aA'S:. 54.Ri—A- Y.r . . a > r , l r k3tpi ,x �+ I , ) .L. €lJ by .�, 'r yip' �' "" i • e4 _ t i 4 - : ' `l a:,, ,, --rrte� a� WELD. COLORADO 4 , FSA-578 (02-01-91) REPORT OF COMMODITIES PROGRAM YEAR 201 FARM NUMBER: 8112 FARM SUMMARY DATE: 07-18-2$.l Operator Name and Address ID - Original:: 'HAEL LITZENBERGER 8703 Revision: (/✓7-� 14661 COUNTY ROAD 5 LONGMONT, CO 80504-9642 Cropland: 541, Farmland: 583. NOTE: The authority for collecting the following information is Pub.L 107-76. This authority allows for the collection of information without prior OMB approval mandated by the Paperwork Reduction Act of 1995. The data will be used to determine eligibility for assistance. Furnishing the data is voluntary, however, without it assistance cannot be provided. The data may be furnished to any agency responsible for enforcing the provisions of the Act. Producer Name ID C/C Share C/C Share C/C Share C/C Shur MICHAEL LITZENBERGER 8703 WHEAT .5000 ALFAL .5000 SBEET .7500 CORN .50( BARLY .5000 FALOW .6667 GRASS .5000 MIXFG .50( HALEY LAND CO LLC 0337 WHEAT .5000 ALFAL .5000 SBEET .2500 CORN .50C BARLY :5000 FALOW .3333 GRASS .5000 MIXFG .500 Crop Type Prac IU Reported Determined Crop Type Prac IU Reported Determined Crop Type Prac IU Reported Determin ALFAL I FG 31.80 BARLY SPR I GR 73.20 CORN YEL I FG 74.00 CORN YEL I GR 78.10 FALOW N 18.00 GRASS WCR N GZ 65.10 MIXFG IGS I FG 87.50 SBEET I PR 72.00 WHEAT HRW I GR 80.40 OPERATOR'S CERIIFICAlION: I certify to the best of my knowledge and beliet that the acreage of crops and land uses listed herein are true and correct, and that all required crops and land uses have been reported for the farm as applicable. The signing of this form gives FSA representatives authorization to enter and inspect crops and land uses on the above identified land. Operator's Signature Date This program or activity conducted on a nondiscriminatory basis without regard to race, color, religion, national origin. sex, age, marital status. or disability. • PAGE 3 WELD. COLORADO FSA-578 (02-01-91) REPORT OF COMMODITIES PROGRAM YEAR 200 FARM NUMBER: 8112 FARM AND TRACT DETAIL LISTING DATE : 07-19-200 onerator Name and Address ID Original: .{AEL LITZENBERGER 8703 Revision: 14661 COUNTY ROAD 5 . LONGMONT. CO 80504-9642 Cropland: 541.( - Farmland: 583.E Tract CLU/ Irr Var/ Int Lnd Rpt Reported Determined Crp 0/ C/C Prod Prod RMA Opt Number Field Prc C/C Type Use Use Unt Quantity Quantity Lnd M Stat Share ID Unt Unt 12710 2 Ni GRASS WCR Graze A 65.10 Y I .5000 8703 .5000 0337 3 Ir WHEAT HRW Grain A ' 45.00 Y I .5000 8703 .5000 0337 4 Ir MIXFG IGS Forage A 47.40 Y 1 .5000 8703 .5000 0337 5 Ir CORN YEL Forage A 74.00 Y I .5000 8703 .5000 0337 6 Ir ALFAL Forage A 15.10 Y I .5000 8703 .5000 0337 7 Ni FALOW A 6.00 Y 1 .5000 8703 .5000 0337 8 Ir ALFAL Forage A 16.70 Y I .5000 8703 .5000 0337 • 9 Ir CORN YEL Grain A 18.30 Y I .5000 8703 .5000 0337 10 Ir WHEAT HRW Grain A 35.40 Y IF .5000 8703 .5000 0337 10 Ir CORN YEL Grain A 35.40 Y M .5000 8703 .5000 0337 11 Ir SBEET Proces A 33.20 Y I .7500 8703 .2500 0337 12 Ir SBEET Proces A 26.80 Y I .7500 8703 .2500 0337 13 Ir BARLY SPR Grain A 73.20 Y I .5004- 8703 .5000 0337 14 Ir MIXFG IGS Forage A 40.10 Y I .5000 8703 .5000 0337 15 Ni FALOW A 8.30 Y I .7500 8703 .2500 0337 3A Ir CORN YEL Grain A 24.40 Y I .5000 8703 .5000 0337 12A Ir SBEET Proces A 12.00 Y IF .7500 8703 .2500 0337 12A Ni FALOW A 12.00 Y M .7500 8703 .2500 0337 • PAGE 1 WELD. COLORADO ESA-5.78 (02-01-91) REPORT OF COMMODITIES PROGRAM YEAR 2W FARM NUMBER: 8112 FARM AND TRACT DETAIL LISTING DATE: 07-19-2W ct .der 12710 C/C Type Prac IU Non-Irrig Irrigated C/C Type Prac IU Non-Irrig Irrigated C/C Type Prac IU Non-Irrig Irrigate ALFAL • 1 FG 31.80 EARLY SPR I GR 73.20 CORN YEL I FG CORN YEL I GR 78.10 FALOW N 26.30 GRASS WCR N GZ 65.10 MIXFG IGS I FG 87.50 SBEET I PR 72.00 WHEAT HRW I GR Photo Number/Legal Description: SE4 19:S2, NE4 20-3-68 A 28 • Cropland: 541.0 Reported on Cropland: 541.00 Difference: .00 Reported on Non-Cropland: .00 • • • • • PAGE 2 kX L ---:‘-'r1.7"--?:''''':g »'r 4:„1 Z '1 +,ea 5`M' 8112 _ 1 . . i w 8147 4 T 12710 _ fI --,,.;: 1:2:-:: 1.39 f F�''9 t� %!s1 X KT " a 3066 1 tttttt r � 4 _ 5 , m • iI X31 f �" h „2,,..;.,....,-,44.4.,,,,, 4„,� . � /� �� _�� II . �,.. �� X .4 -/f k '3 � '� \ - "i ' r"t J 's f a 1j ' i i 'ft. _.7.'4 r v'e,` r 474 s rt- ₹V� Sf** f1 c tz S ?` f � db — - • '17 Ify i n- rr C15 ' ,� � -43:-v-- �I . }k. . OTC' MI 2C.5N.0 '. _ t �g {{ a{ y4":g sr-4.... •µ2y //"1 .-, • r 13$54. "�} `x ,,,52--c-c,. { Pi f f- " 4i1 1 44,,,13 12 1 11 F ..,.n-y 33.19 r sl 38.79 'a ....Sty' " t i I. ft—ol �:� ..�. — �__-..... ,Is z i t s FY" f 1 "j - 10 �, H. ."„of- ,�.1-541,.₹+,e,ks k,i41rxtr a G1v'" I- 35.42 t .. '" 'g, e "-5 'a'3 �- .�. r: t h . l t. Y -. S '� 'i . CIC k1 S - r ' , ' ` '2:::::4 .- 1 • �k,,-- , a -:" - ., �. Y..,r .✓ ��4y. 'T"n3d�3a ".v.L�.�'!f }Y_uw_�t .�F,�"zy".'g(�ip'�'�" .;' ill C -4-- k� '�s 1 __ / i Ay� w USDA United States Department of Agriculture N �—.— Farm Service Agency 2005 Orthophotography NOT TO SCALE Weld County 1 :8,8 March 07, 2007 20.3.6$ � . . F '- . 4 w a-- 1 r - "F �yarar o f F i ",r` . r -s"i Ts'1 �S- 3, I� �� ,� >• t� 143 A , � ryx - \ nT+ate iwM+ > Ga'�F,.*- yt y ` 1 _ a .'°a t d � 18'47 _ �' • - ii t , i 1$71 A�� . � 4 4 C"t t r „ ^'y s ) 4 k ,80 661 C i 1/7 _=.1) iy. - •� sfw a �, � r, 5 F q ? " Y.x h I .e s Y S 2 *Zti 4+ I 1� .. f ti c C S a t \ 1- 474 -, pt p + il'ryr✓F�a' * ..:''''L :___..7.49-77‘..-- ,f. \_ ' a � i" .Its �t S $ an - 'Yt r i ' ' 534 ' 4 5 r . t 1 . `1235 '-• ? At f ;1, «my*. 1 e k hA wr^ tt��9yyy''�� p '[:1:1 1: , yS 11 ""r�"r 12 33.19 t � ;_n - 38%9 k. l' Vi tf: � Y I4)( , ' t y .It' t, • N I. y fk :F•s+ � 7Y_ 10 9 fir- - .i 't 35.42 k , .' . j - ,-... r y fx � 7 "'--Iq�.,ra'�,. • Mks' 1 fg 1k j R. lira ,... , $ a ft . I - ' L------_-,: --''- •54.8_=: ---,k„),,./41:--,-, Sf ... -frl c..,.,7_1=____• _,USDA United States Department of AgricultureIligills— • _.‘ _ _ _,___ __,.,..7 - ?:- • ,--,::•: - `•,:-'''''",3.-.iy).4'7 5-' Farm Service Agency 2005 Orthophotography NOT TO SCALE Weld County ' March 07, 2007 20-3-68 r 1 :8,€ STATEMENT OF COMMUNITY NEED Haley Land Co. LLC February 2010 133-27364 HALEY ANNEXATION STATEMENT OF COMMUNITY NEED Introduction The Haley Annexation is comprised of two separate properties owned by the Haley Land Co. LLC (John Haley is the manager) Susan Haley. Both properties are zoned Agriculture in Weld County. The property owners are proposing to annex and zone their property into the Town of Mead. It is also important to note that Susan Haley would like to continue the same agricultural uses allowed in Weld County for her parcel after the properties are annexed. The land uses proposed include single-family attached and detached, multi-family, general commercial, and highway commercial. The following items represent the benefits that the Haley Land Co. LLC, Property will provide to the community of Mead. Increased Tax Base • A sustainable tax base that contributes to the overall economic health of the Town. • Increased tax revenues to expand services for police, fire and other public services. • Added tax dollars will contribute to the public infrastructure by contributing to the maintenance of roads, sewer, and water services. Housing Types • Create a variety of housing types and architectural styles that will maintain Mead's small town feel. • Provide a feathering of housing densities; with the highest densities adjacent to commercial areas and major arterial roadways. • Design homes with front porches that encourage interaction between neighbors. • Design homes around parks and open space to encourage biking, walking, and other recreational activities. • Build homes that respect the natural topography of the site and that take advantage of existing view corridors. General Commercial and Highway Commercial Development • Provide commercial services and business employment areas for the Town. • Incorporate attached residential product types into the General Commercial and Highway Commercial areas to provide a range of housing options to the community. 1 • Encourage appropriate landscape buffers between adjacent land uses. • Provide a variety of architecture and building materials to prevent the typical "strip mall"that is so common today. • Provide areas for community activities and events to create a sense of community and to bring town residents together. Street Network and Circulation • Provide a safe and efficient road network that connects to existing roadways. • Provide a hierarchy of roads to distribute traffic throughout the development. • Design roads that are interconnected between neighborhoods and commercial areas. • Implement traffic calming design techniques where appropriate. Open Space • Existing wetland areas will be preserved and will be an added amenity for the residents of the community. • Provide trails and sidewalks for pedestrian circulation throughout the development. • Create neighborhood parks and landscape areas for active and passive recreational opportunities. • Utilize native and xeric plants and incorporate low water irrigation systems and techniques. • Preserve view corridors and enhance natural areas. • Contribute the required amount of open space as defined in the Town's development code. Implement innovative planning and design techniques to promote a development that promotes sustainability. • Look at utilizing non-potable water sources for irrigating landscape and open space areas. • Promote neighborhood commercial business centers that reduce the need for residents to drive outside the development. • Through innovative design and planning practices; create a master planned community that can be developed logically over time rather than in a haphazardly manner. 2 - .. STATEMENT OF SCHOOL IMPACT Haley Land Co. LLC February 2010 133-27364 STATEMENT OF SCHOOL IMPACT During the initial stages of the annexation process the design team held preliminary meetings with the St. Vrain Valley School District. The district indicated that a school site would not be necessary on the Haley Annexation property. However, as the property develops the School District will have the opportunity to comment further through the referral process. The total proposed number of development units used to calculate the number of prospective students is based on the gross density for the project. It is anticipated that the final design will consist of a lower density due to the incorporation of road rights-of-way, and open space areas. However, for this example the maximum numbers of units proposed, were used to calculate the data in the table listed below. These numbers are an estimate only and may vary depending on market conditions and final plan approval. Number of Yield Rate* Projected Student Student Percent of Units Yield Facility Standard Standard Capacity SFD SFA SFD SFA SFD SFA Total Elementary 2054 985 0.217 0.072 446 71 517 525 students 98% Middle School 2054 985 0.10 0.039 206 39 245 750 students 33% High School 2054 985 0.113 0.040 233 40 273 1200 students 23% Total 0.430 0.151 885 150 1035 * Student Yield Rates based on criteria provided by the St.Vrain Valley School District. • 517 elementary students or 98% of the standard capacity of a 525-student elementary school. • 245 middle school students or 33%of the standard capacity of a 750-student middle school. • 273 high school students or 23% of the standard capacity of a 1200-student high school. DEVELOPMENT IMPACT ASSESSMENT STATEMENTS Haley Land Co. LLC February 2010 133-27364 HALEY ANNEXATION DEVELOPMENT IMPACT ASSESSMENT STATEMENTS GENERAL SITE LOCATION AND DESCRIPTION: The Haley Annexation property is located on the Northwest corner of Weld County Road 5 (WCR 5) and State Hwy 66 and is located in the Southeast Quarter of Section 19, South half of Section 20 and Northeast Quarter of Section 20, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The Haley Annexation is comprised of two separate properties and is owned by the Haley Land Co. LLC (John Haley is the manager) and Susan L. Haley. Both properties are currently zoned agriculture in Weld County. A variety of land uses are proposed for the annexation including single-family attached, single-family detached, multi-family, general commercial, and highway commercial. 19.1 WATER: Currently the Northeast Quarter of Section 20, Township 3 North, Range 68 West is situated within the Little Thompson Water District and the rest of the property is within the Longs Peak Water District. Longs Peak currently does not have a water line running through the property. A 24" potable water line is being designed that will split the property, but it is not currently built (See Appendix B). According to Barry Dykes the General Manager for the Long's Peak Water District there is adequate capacity to service the portions of the property located within the district's boundaries. A will serve letter is attached with the Preliminary Utility Report. Currently, the Little Thompson Water Service District has a 6" water line located in Weld County Road (WCR 32). Mike Cook at the Little Thompson Water District said that there is a 12" water line in WCR 32, not yet in service, a 16" line under I-25, and a 24" line on the other side of I-25 in WCR 32 (See Appendix C). A will serve letter is attached with the Preliminary Utility Report. 19.2 Sewer: The Haley Annexation property is located primarily within the St. Vain Sanitation District's service boundaries. However, there is a small portion of the eastern most property that is located within the Town of Mead's service area boundary and not within the St. Vain Sanitation service district boundary. The owner/developer will work with the Town to determine the requirements for servicing the portion of property located within Mead's boundary area and the applicant will go through the processes required by the district to obtain sewer service for the property. A letter from Megan Humbrecht with the St. Vain Sanitation District is included with this report. (See Appendix D). Table 6.2.1: Sanitary Sewer Demand Land Use Rates Residential Commercial Residential Commercial `Demand (units) (acre) (gal/unit/day) (gal/acre/day) (gal/day) Haley Annexation 3039 123 270 1,100 955,830 `Actual numbers are based on gross density calculations. When net density is calculated it is anticipated that the demand per day will be lower than what is shown. 19.3 Natural Gas: The development is in the Xcel Energy Service Area. At the present time there is a 1 ''A" line buried on the east side of Weld County Road (WCR 3) and a 1 '/" line buried on the west side of Weld County Road (WCR 5) and Xcel Energy has a 2" high pressure line on the north side of State Highway 66. There is also a 12" high pressure line buried on the south side of Weld County Road (WCR 32) from WCR 5 to WCR 3 and a 1 '/<" line buried in WCR 32 west from WCR 5 for approximately one half mile. 19.4 Electric: The area is served by United Power. There is an aerial three phase running south to north along the east side of Weld County Road(WCR 5) from Colorado Highway 66 to Weld County Road(WCR 32). There is an aerial three phase on the north side of Highway 66 running east to west from WCR 5 to Weld County Road (WCR I). There is an aerial three phase on the west side of Weld County Road (WCR 3) running north to south from WCR 32 to State Highway 66. There is a buried single phase on the north side of WCR 32 approximately one half mile west from WCR 5. Platte River Power Authority has a high voltage transmission line on the east side of WCR 3 running north to south from WCR 32 to State Highway 66. This power line is located in an exclusive easement which will require permits for all wet and dry utilities. As a result of this power easement, development restrictions exist. There is also an additional underground power line easement that is in the planning stages and is proposed to run adjacent to the west line, of the SE 'A of Section 20. 19.5 Telephone: Qwest will be the service provider for the property. There is an existing cable buried on the west side of Weld County Road (WCR 5). There is an existing buried cable on the north side of State Highway 66 from WCR 5 to Weld County Road(WCR 3). This converts to aerial and continues west to Weld County Road (WCR 1). There is an existing buried cable on the west side of WCR 3. The area will be served with copper facilities until the density warrants the placing of an on site digital carrier. 19.6 Streets: The proposed street network for the Haley Annexation property will be designed to be compatible with the existing surrounding properties. Traffic studies and negotiations with CDOT will determine ingress and egress points for the property with final access locations determined during the preliminary/final plat stages for the project and street design standards will be consistent with the Town's engineering and landscape standards. A hierarchy of roads will be utilized throughout the development ranging from high use arterial roadways to internal collector roads to distribute traffic throughout the property and onto adjacent arterial roadways. Local roads will be of a lower hierarchy and will be consistent with the character and neighborhood scale that currently exists in Mead's "old town" section. The design intent for the Haley Annexation property will be to provide safe and efficient pedestrian and vehicular circulation throughout the site. The proposed site layout will include the preservation of view corridors and provide residents with convenient access to the site's many natural amenities. State Highway 66 is currently classified as a rural roadway. Early discussions with C- DOT have determined that when the Haley property is annexed, the Town will have the ability to recommend changing the roadway to a non-rural classification. A traffic study is planned for the next stage of design and additional discussions are planned with CDOT to identify final access point locations along State Highway 66. 19.7 Drainage: At a February 11, 2008 study session with the Town Board of Mead,the Board granted a request from the Haley Annexation property owners to delay the drainage report requirement until the preliminary/final development phases for the project. A brief description of the drainage flows for the property is described below. The majority of the property slopes from the west to east starting from the southwest and southeast quarters of Section 20 into the wetland area that runs northwest to southeast through the property. The northern half of the property drains from the northeast quarter of Section 20 in a southerly direction and drains into the same wetlands area. The western half of the property located in the southeast quarter of Section 19 flows from the north to the southwestern corner of Section 19. 19.8 Law Enforcement: Law enforcement for the proposed property is contracted by the Town of Mead with the Weld County Sheriff's department. 19.9 Fire Protection: Fire protection for the proposed property will be provided by the Mountain View Fire Protection District. 19.10 Parks and Recreation: Parks and open space areas are planned to be an important amenity of the Haley Annexation property. A central community park is proposed to provide a focal point and gathering place for community events and public activities. Individual pocket parks will be incorporated within neighborhoods to provide active and passive recreation areas for the residents. Specific park amenities will include, ball fields, "tot lots", benches and picnic facilities. Trails and open space areas will serve to unify individual neighborhoods and commercial areas. A network of trails and open space areas will be incorporated to provide pedestrian connectivity throughout the development. A more "walkable" community is envisioned to encourage people to walk and to provide an alternative to driving. The use of native and low water plantings is planned to be implemented throughout the development to enhance the existing and proposed open space areas. According to the Town's park land dedication requirements it is estimated that approximately 243 acres of park and open space land may be dedicated if the maximum number of lots are developed. The cash-in-lieu park land dedication is also a possibility as stated in section 16-13-10 of Mead's land use code. 19.11 Environmental Considerations: A wetlands delineation report was conducted on the property and three wetland areas were identified. The objectives of the report were to aid in the design process for the property and to notify the U.S. Army Corps of Engineers of the wetlands on the property. A copy of the report is included with this submittal. The delineated wetlands are proposed to be preserved to provide an amenity for the development. Disturbances to the wetlands will be minimized. Any disturbances greater than 0.5 acres will be permitted under a nationwide permit. Disturbances greater than 0.5 acres will require an individual permit with the Corps of Engineers. A more detailed wildlife report will be conducted during the later stages of the project to inventory wildlife and natural areas located on the property. 19.12 Economic Development Potential: The development of the Haley Annexation property will provide many economic benefits to the Town; including jobs and business opportunities for the residents of Mead. A total of 1,341,648 square feet of commercial/retail space may be developed depending on market conditions. Form D-4 shows the estimate of revenue generated, to be much higher than the costs associated with development. HALEY ANNEXATION DEVELOPMENT COMPATIBILITY STATEMENTS GENERAL SITE LOCATION AND DESCRIPTION: The Haley Annexation property is located on the Northwest corner of Weld County Road 5 (WCR 5) and State Hwy 66 and is located in the Southeast Quarter of Section 19, South half of Section 20 and Northeast Quarter of Section 20, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The Haley Annexation is comprised of two separate properties and is owned by the Haley Land Co. LLC (John Haley is the manager) and Susan L. Haley. Both properties are currently zoned agriculture in Weld County. A variety of land uses are proposed for the annexation including single-family attached, single-family detached, multi-family, general commercial, and highway commercial. 20.1 Street Master Plan: The existing roadways adjacent to the Haley Annexation property include State Highway 66 along the southern boundary and Weld County Road 5 (WCR 5) along the eastern boundary. Weld County Road 3 (WCR 3)bisects the property between Sections 19 and 20 and Weld County Road 32 (WCR 32) is situated along the property's northern boundary in the Northeast quarter of Section 20. State Highway 66 is an arterial roadway currently classified as a rural roadway in Weld County. Early discussions with C-DOT have determined that when the Haley Property is annexed, the Town will have the ability to recommend changing the roadway to a non- rural classification. Currently there are six access points proposed along the one and a half mile stretch of State Highway 66. It is anticipated that approximately three of these access points (the ones located at half mile spacing) are proposed to be full movement access; the other three are partial access intersections. The Mead Transportation plan recommends Weld County Road 5 as a possible future parallel arterial for I-25. Along Weld County Road 5 four full service access points are proposed. Three full movement access points are proposed along Weld County Road 32 which runs along the north side of the property. Weld County Road 3 splits the property and there are up to three full service access points proposed onto this road (at two points from the west side and three points from the east side). At the time of preliminary plat for the property, an interconnected collector and local street system based on traffic projections will be designed for the property. A traffic report will be completed during the platting process for the project and final access points will be determined upon further discussions with CDOT and meetings with the Town. 20.2 Subdivision Plan The Haley Annexation property location provides the Town with a great opportunity to create a master planned development near the gateway to Mead. The proposed residential and commercial areas planned for the property will provide many economic benefits and opportunities to the Town. The proposed subdivision plan provides for approximately 102 acres of Highway Commercial development along State Highway 66; 513 acres of Single Family Residential; and almost 21 acres of General Commercial. The maximum gross residential density is proposed to be 4-6 units per acre. Within the single family development area, the maximum density will be 4 units per acre; however, in the highway commercial and general commercial areas the residential density could be up to 8 units per acre. While single family detached homes are anticipated in the single family development area, attached residential uses are proposed in the general commercial and highway commercial areas as allowed within Mead's Land Use Code. Therefore, the residential housing types that could be built on the Haley Annexation property include single family detached, townhomes, condominiums, paired residential homes and residential apartments. Manufactured housing will not be permitted within the development. Some of the units could be age restricted for senior living. It is anticipated that the single-family detached home lots will range in size from 7,000 square feet to 20,000 square feet. Neighborhood architectural styles will be consistent with a regional character of homes in the area. At the time of Preliminary Plat, an integrated system of parks, open space and trails will be incorporated into the design for the Haley Annexation property. The plan will include a large central park to provide areas for active and passive recreation and a place for neighbors to socialize. Smaller pocket parks with children's play areas will be designed into the residential areas to be within walking distance of homes. Trails and tree-lined sidewalks will also be designed to provide for pedestrian circulation throughout the community. Natural wetland areas on the property will be incorporated into the open space to be preserved as an amenity for the development. The development will adhere to the Town's parks and open space standards for landscaping and appropriate landscape buffers will be provided between roadways and land uses. According to the Town's Code, a total of 243 acres are required to be dedicated for landscaping and open space if the maximum number of 3,039 units are developed. Additionally, the Town code allows for the option of cash in lieu for parkland dedications. 20.3 Comprehensive Plan This Haley Annexation proposal is consistent with Mead's recently updated Comprehensive Plan Map and will provide for a range of densities and land uses. The primary goals and objectives are to create a master planned community that reflects the image and character found within the Town of Mead. The same community goals and objectives outlined within the Town's Comprehensive Plan are to be implemented with the development of the Haley Property. Examples of how the Haley Annexation will meet the proposed development goals and objectives of the Town are as follows: 1. A range of quality and varied housing opportunities are proposed for the development. 2. Proposed neighborhoods shall reflect the character of existing neighborhoods within the Town of Mead. 3. Land uses and density between land uses shall transition in an orderly pattern. 4. Parks, trails, and recreational areas are proposed to provide links between residential neighborhoods and commercial areas. 5. Wetlands and natural areas are proposed to be preserved and incorporated within the design of the development. 6. An interconnected street network is proposed within neighborhoods and commercial areas to provide safe and efficient movement within the development. 7. Roads and homes shall be designed to take advantage of topographical features and scenic views. 8. Appropriate landscape buffers shall be provided between differing land uses, roadways, and land use areas. 9. A community that evokes a sense of place shall be created that reflects the values and character of the Town of Mead. 10. To diversify Mead's tax base well-planned commercial development shall be provided along State Highway 66. 20.4 Land Use Code The land use standards as defined in the current Mead Land Use Code will be followed throughout the design process and are planned to be implemented with subsequent preliminary and final development plans for the property. 20.5 Existing and Adjacent Land Use The Haley Annexation property is zoned Agriculture in Weld County and is currently utilized for farming and agriculture practices. To the east the property borders Sorrento Estates and agricultural land. The southern boundary of the property is adjacent to Highway 66 and large lot residential properties. The western property boundary is adjacent to large acreage properties with single-family residences. The northern boundaries of the property are adjacent to agricultural properties with single-family residences. The density and land uses proposed for the property are consistent with developments that are currently being built or are proposed to be built within the general vicinity. This is especially evident along Highway 66 where similar projects are proposed. These nearby developments include higher densities combined with commercial land uses. Planning for future growth and the needs of the community takes vision and creativity. The goal of the Haley Land Co. LLC is to provide services and housing opportunities within a master planned community that will benefit the Town for years to come. w • . COMPREHENSIVE LAND USE PLAN MAP Haley Land Co. 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LLC February 2010 133-27364 885 X111111 Minn 11111 11111111111111111111111111111111111 , 3470885 04/23/2007 04:03P Weld County, CO 1 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this i day of Itpr; 1 , 2007, by and between TOP Operating Co. ("Operator"), whose address is 108381 W. Asbury Avenue, Suite 230, Lakewood, Colorado 80227, and Haley Land Company, LLC and Susan L. Haley (Haley Land Company, LLC and Susan L. Haley shall be referred to collectively as "Surface Owner"), both with an address of 14491 Weld County Road 5, Longmont, Colorado 80504. RECITALS A. Surface Owner collectively owns the surface estate of that certain tract of land being a portion of the SE/4 of Section 19 and S/2 of Section 20, all in Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado and more specifically described on Schedule 1 attached hereto (hereinafter referred to as the "Property"): B. Operator is the owner of all of the oil and gas leasehold interest in and under the Property. C. Surface Owner has the right to and plans to develop the surface of the Property. D. Operator currently operates one (1) oil and gas well on the Property ("Existing Well") and may have plans to drill additional wells on the Property in the future ("Future Wells") (collectively, the "Wells"). E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and Operator's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties' successors and assigns. In consideration of the mutual covenants contained herein, including the Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. WELL LOCATIONS AND OPERATIONS AREA a. Surface Owner shall provide Operator the space designated on Exhibit A (the "Oil and Gas Operation Area" or"OGOA") in its present condition for the Wells and for any operations conducted by Operator in connection with the Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions, fracturing and replacement wells. The OGOA is more specifically described as follows: A tract of land bounded on the north by a line running 30 feet south of and parallel to the existing irrigation ditch located in the N/2NW/4SW/4 of Section 20, T3N, R68W, 6th P.M.; bounded on the east by a line running 30 feet west of and parallel to the existing concrete lined irrigation ditch in the E/2NW/4SW/4 of said Section 20; bounded on the 1 11111111111111111111111 IIII Ell 1111111 III 11111 IIII IIII 3470885 04/23/2007 04:03P Weld County, CO 2 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder west by a line running north and south and located 150 feet west of the well bore of TOP Operating Co.'s Haley #1 well in said Section 20; and bounded on the south by a line running east and west and located 150 feet south of said well bore; provided, however, Operator shall be permitted to use the 30 foot wide areas located between the OGOA and the irrigation ditches to the north and east for temporary access during drilling, completion and maintenance of the Wells. b. The wellhead location of any Future Well shall be within and no closer than 150 feet (150') from the perimeter of the OGOA. c. Except for the space included within the OGOA, and including the access roads and all access and necessary easements associated with flowlines, gathering lines and pipelines as provided in this Agreement, Operator shall not occupy the surface of the Property except in the event of an emergency. d. Surface Owner will not locate any building, structure or road within the OGOA without Operator's approval, which approval shall not be unreasonably withheld. 2. PRODUCTION FACILITIES a. Operator shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, treating, storage and measuring facilities and other equipment reasonably appropriate for the operation and production of the Wells ("Production Facilities") only within the OGOA. Compressors, with the exception of wellhead compressors, shall not be located on the Property. b. Any new Production Facilities shall be clustered near the existing Production Facilities as shown on Exhibit A with the minimum required setbacks for such facilities. c. Surface Owner shall have the right to request that Operator relocate all Production Facilities at Surface Owner's sole cost and expense, and Operator shall not refuse such request, so long as such relocation is reasonable from a technical and engineering standpoint and complies with all COGCC and other applicable rules and regulations. d. With respect to Operator's Wells and Production Facilities: Operator shall install and maintain, at its sole cost and expense, all fences around the Wells in compliance with the rules and regulations of the COGCC. The fence material may be upgraded at Surface Owner's option and expense, so long as the upgrade complies with COGCC rules and regulations; ii. Operator shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of the Wells or Production Facilities in the OGOAs. Such gates and locks shall be the standard gates and locks used by Operator; 2 I 'all Muni 1111111 IIII Ell 1111111 III 11111 MI 1111 3470885 04/23/2007 04:03P Weld County, CO 3 of 11 R 56.00 D 0.00 Steve Moreno Clerk 8 Recorder iii. Operator shall paint any Production Facilities for any Wells, including wellhead guards, with paint that is approved by the COGCC. The color may be selected by the Surface Owner, provided that any additional cost of using the color is paid by Surface Owner and that it is in compliance with COGCC rules and regulations: and iv. Operator shall keep all Prodution Facilities in a good state of repair. 3. PIPELINES, FLOWLINES AND GATHERING LINES a. Surface Owner hereby grants to Operator non-exclusive easements in the locations shown on Exhibit A to construct, operate, maintain, repair and replace all flowlines, gathering lines and other pipelines (collectively "Pipeline(s)") that may be necessary to Operator's operations on the Property. The Pipeline easements shall be no more than fifty feet (50') during contruction and thirty feet (30') permenantly. b. All Pipelines shall be buried to a depth of 48 inches (48') from the surface. c. The construction and burying of additional Pipelines shall be at the sole cost and expense of Operator or its gas purchaser. d. Surface Owner shall have the right to request that Operator relocate any Pipelines at Surface Owner's sole cost and expense, and Operator shall not refuse such request, so long as as such relocation is reasonable from a technical and engineering standpoint and complies with all COGCC and other applicable rules and regulations. e. Operator shall abandon any portion of a Pipeline easement that will no longer be used for its operations. If the abandoned portion of the Pipeline easement was granted by way of a recorded easement or right-of-way, such release of the abandoned portion shall also be recorded. 4. ACCESS a. The access routes ("Access") to be used by Operator shall be those routes depicted on Exhibit A. b. Access used by Operator shall be 25 feet (25') in width and Operator shall keep Access maintained in accordance with the rules and regulations of the COGCC. c. Surface Owner shall have the right to relocate or substitute the Access depicted on Exhibit A with a different access route at Surface Owner's sole cost and expense. Such relocated or substituted Access shall be sufficient in scope to allow Operator to conduct the operations contemplated for the Wells and built to withstand the weight of Operator's equipment and vehicles. Operator shall abandon the portions of the Access that will no longer be used as a result of any relocations or substitutions. 3 I Sill HIM VIII1111111IIIIIIII1111111IIIVIIItill Ill 3470885 04/23/2007 04:03P Weld County, CO 4 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 5. LANDSCAPING Surface Owner shall have the right to install and maintain gravel paths, ground cover, landscaping and watering systems ("Landscaping") in the OGOA and on the Pipeline easements at its own risk and expense. Operator shall not be responsible for any damage to such Landscaping caused by its operations. 6. SETBACKS Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Surface Owner hereby waives its right to object to the location of any of Operator's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time, provided that such facilities are located in accordance with this Agreement. Surface Owner further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of Operator, its successors or assigns, to explore for and produce the oil and gas in accordance with this Agreement. Operator, its successors or assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction. Surface Owner agrees not to object to the use of the surface in the Oil and Gas Operations Areas so long as such use is consistent with this Agreement and Surface Owner will provide Operator, its successors or assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 7. REPRESENTATIONS Each party represents that it has the full right and authority to enter into this Agreement. 8. INDEMNIFICATION Operator agrees to defend, indemnify and hold Surface Owner harmless from any and all third party claims, demands or judgments connected with Operator's use of the Property. 9. SUCCESSORS AND COVENANTS RUN WITH THE LAND This Agreement constitutes covenants running with the land and the terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns. 4 11111111111111111111011�� lilt 1111111 III Iilll 1111 VIII 34708S5 04/23/2007 04:03P Weld County, CO 5 of 11 R 56.00 0 0.00 Steve Moreno Clerk& Recorder 10. TERM This Agreement shall become effective when it is fully executed and shall remain in full force and effect until Operator's leasehold estate expires or is terminated, and Operator has plugged and abandoned all Wells owned all or in part by Operator and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. 11. NOTICES Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, with a courtesy copy sent via facsimile or e-mail if immediate action is desired, addressed to each of the following: If to Operator: TOP Operating Co. 10881 W. Asbury Avenue, Suite 230 Lakewood, Colorado 80227 Attention: Rodney K. Herring Fax: (303) 727-9925 If to Surface Owner: Haley Land Company, LLC 14491 Weld County Road 5 Longmont, Colorado 80504 Attention: John R. Haley Fax: (303) 776-3292 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 12. RECORDING A copy of this Agreement shall be recorded in the books and records of the Office of the Clerk and Recorder for the County in which the Property is located. 13. APPLICABLE LAW Unless waived or otherwise stated herein, Operator shall conduct its operations on the Property in accordance with all of the rules and regulations promulgated by the COGCC, as well as all other state and federal laws, rules and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provision. 5 ►II►►► 11111 ►►►►1 1111111 ►�►► �►�► 1i►►111 ►►► 11111 EMI 3470885 04/23/2007 04:03P Weld County, CO 6 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 14. ENTIRE AGREEMENT This Agreement, which incorporates the Schedule and Exhibit attached hereto and made a part hereof, sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 15. EXECUTION AND COUNTERPARTS This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the date set forth above. 16. SEVERABILITY If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TOP OPERATING CO. czm Rodney rrin Title: en s: e�� HALEY LAND COMPANY, LLC John R. Haley Title: SUSAN L. HALEY 6 1111111 11111 11111 ►1►►►II IIII �►�� 1111111 �� 0/111111 III► 3470885 04/23/2007 04:03P Weld County, CO 7 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 14. ENTIRE AGREEMENT This Agreement, which incorporates the Schedule and Exhibit attached hereto and made a part hereof, sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 15. EXECUTION AND COUNTERPARTS This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the date set forth above. 16. SEVERABILITY If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TOP OPERATING CO. Rodney K. Herring Title: HALEY LAND COMPANY, LLC Jqh R. Haley Title: 4,-a M 4{` SUSAN L. HALEY ry 111111 11►111►►►1►111111 Ill III!11111 111 liii!till Jil► 3470885 04/23/2007 04:03P Weld County, CO 8 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by Rodney K. Herring as of TOP Operating Co. on behalf of said company Witness my hand and official seal. My commission expires: Notary Public STATE OF C -cIz-e•cao ) ss. COUNTY OF 13.-e-01-1;02--- ) The foregoing instrument was acknowledged before me this t3r1.1 day of teifizi 1. , 2007, by John R. Haley as MAcr fq _ of Haley Land Company, LLC on behalf of said company. ,,,(4,1- • - +,hand and official seal. se 'M f�i s n expires:My Commission Expires 7-232010 ri chOp ��pQ`� ,4' otary P •li' STATE OF CoLon-+.o o ) ) ss. COUNTY OF tou.i-OCR. ) The foregoing instrument was acknowledged before me this 13-"' day of /Mir t� , 2007, by Susan L. Haley. Witness my hand and official seal. ¢rpaf 1 hits 1 eWocn+tf+ ipn expires: 3 13-11 IS £ ' or 1 r ' �tY\ ti k 15,t ,a, Notary Public t5•:: `^,.a b t C..Q 7 HMV 1111111111 till illlIII! 1111111 III 11111MIIIII .3470886 04/23/2007 04:03P Weld County, CO 9 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF C�zh�L .2,6-' ) ,a"teC ) ss. COUNTY OF e - �� ) The foregoing instrument was acknowledged $fore me this o?D day of 2007, by Rodney K. Herring as of TOP perating Co. on behalf of said company .spy,LT •yss my hand and official seal. ZQQ° My clj 11 ission expires: or/�3 it / S Pr4a-t----- i4 0 %0�S Notary P tic t% '••......OF ‘‘`"a. STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by John R. Haley as of Haley Land Company, LLC on behalf of said company. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by Susan L. Haley. Witness my hand and official seal. My commission expires: Notary Public 7 HUM MICE 1111111 Min III III 3470885. 04/23/2007 04:03P Weld County, CO 10 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder SCHEDULE I Township 3 North, Range 68 West,6'h P.M. Section 19: SEV4; Section 20: S'/2; Less the following tracts: Beginning NOTE 1831.86 feet From SE Corner SE'/4 of Section 19, thence N08'E 513.20 feet, thence S89°09'W 932.10 feet,thence S57°56'E 112.74 feet,thence S66°41'E 429.93 feet,thence S54°57'E 347.21 feet, thence S65°49'E 171.14 feet to the point of beginning, more particularly described in the Joint Tenancy Warranty Deed recorded in Book 1571 on Page 203 at Reception Number 2515095 in the records of the Weld County Clerk and Recorder(the"HOOPS TRACT")and; Part of the NE'/4SEv4 of Section 19 more particularly described in the Joint Tenancy Warranty Deed recorded at Reception Number 3331661 in the records of the Weld County Clerk and Recorder(the "GOLDEN TRACT')and; Part of the NEVNE'/4SE'/4 of Section 19 lying North and East of the GOLDEN TRACT more particularly described in the Special Warranty Deed recorded at Reception Number 2832659 in the records of the Weld County Clerk and Recorder(the"BETTALE TRACT")and; Parts of the SE'/4 of Section 19 and the S/2 of Section 20 more particularly described in the instruments recorded in Book 14 on Page 571, in Book 181 on Pages 76 and 160, in Book 194 on Page 174, in Book 1553 on Page 500 and in Book 587 at Reception Number 1508924 (the 'MISCELLANEOUS TRACTS"). 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