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Home My WebLink About20090410.tiffEsther Gesick From: Sent: To: Subject: Attachments: Record of .oceedings - Octobe. Bruce Barker Wednesday, January 07, 2009 3:35 PM Esther Gesick FW: Beebe Draw - Record of Proceedings Email #1 Record of Proceedings - October 20th (00152113).PDF Original Message From: Kathryn Garner (mailto:kgarner@CCCFIRM.COM] Sent: Friday, January 02, 2009 4:30 PM To: Bruce Barker; Paul Cockrel; MaryAnn McGeady; Richard N. Lyons Cc: Cyndy Giauque; Kristin Bowers Subject: Beebe Draw - Record of Proceedings Email #1 Attached are documents numbered 1-9 from the October 20th meeting of District No. 1. Kathryn L. Garner Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 303.986.1551 Telephone 800.354.5941 Toll Free 303.986.1755 Facsimile PRIVILEGED COMMUNICATION. This email may contain attorney -client or otherwise privileged and confidential information intended only for the use of the individual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error and delete this email. ATTACHMENTS. Although this email and any attachments are believed to be free of any virus, the files should be virus scanned before opening them. 2009-0410 Esther Gesick From: Sent: To: Subject: Bruce Barker Wednesday, January 07, 2009 3:34 PM Esther Gesick FW: Beebe Draw Exclusion - Record of Proceedings Attachments: Transcript Record for Exclusion (00143812-2).DOC Transcript Record for Exclusio... Original Message From: Kathryn Garner [mailto:kgarner@OOOFIRM.COM] Sent: Friday, January 02, 2009 4:29 PM To: Bruce Barker; Paul Cockrel; MaryAnn McGeady; Richard N. Lyons Cc: Cyndy Giauque; Kristin Bowers Subject: Beebe Draw Exclusion - Record of Proceedings Attached please find an outline for the documents that make up the Record of Proceedings with regard to Beebe Draw Metro District No. l's exclusion of the REI property. I will send the actual documents in 7 different emails, but this list will provide you with a guide of the documents to be included. Some of the documents are rather lengthy, which is what necessitated splitting the transcript into 7 different PDF's, and emailing each PDF individually. Bruce, if you would prefer hard copies of the transcript, just let me know and we can mail them to you next Monday. Have a wonderful weekend. Thank you, Kathryn L. Garner Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 303.986.1551 Telephone 800.354.5941 Toll Free 303.986.1755 Facsimile PRIVILEGED COMMUNICATION. This email may contain attorney -client or otherwise privileged and confidential information intended only for the use of the individual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error and delete this email. ATTACHMENTS. Although this email and any attachments are believed to be free of any virus, the files should be virus scanned before opening them. 1 , ' 2c9- Gx//O RECORD OF PROCEEDINGS BEEBE DRAW METROPOLITAN DISTRICT NO. 1 ("DISTRICT NO. 1") EXCLUSION OF REI LIMITED LIABILITY COMPANY ("REI") PROPERTY October 20, 2008 District No. 1 Board Meeting_ 1. Notice & Agenda with Certification of Posting 2. Proof of Publication of Notice of Open Meeting on Hearing on Petition for Exclusion * 3. Attendance Sheet 4. Petition for Exclusion by REI * 5. REI's Power Point Presentation 6. Letter From Concerned Residents 7. Disclosure of Potential Conflict of Interest for Christine Hethcock 8. Resolution of Beebe Draw Farms Metropolitan District No. 2 Approving the Exclusion of the REI Property from District No. 1. 9. Minutes of Meeting 10. Transcript of Public Hearing prepared by independent Court Reporter * Also included in Board Order of Exclusion of REI's Property RECORD OF PROCEEDINGS BEEBE DRAW METROPOLITAN DISTRICT NO. 1 ("DISTRICT NO. 1") EXCLUSION OF REI LIMITED LIABILITY COMPANY ("REP') PROPERTY October 20, 2008 District No. l Board Meeting: 1. Notice & Agenda with Certification of Posting 2. Proof of Publication of Notice of Open Meeting on Hearing on Petition for Exclusion * 3. Attendance Sheet 4. Petition for Exclusion by REI * 5. REI's Power Point Presentation 6. Letter From Concerned Residents 7. Disclosure of Potential Conflict of Interest for Christine Hethcock 8. Resolution of Beebe Draw Farms Metropolitan District No. 2 Approving the Exclusion of the REI Property from District No. 1. 9. Minutes of Meeting 10. Transcript of Public Hearing prepared by independent Court Reporter November 3, 2008 District No. 1 Meeting: 1. Notice & Agenda with Certification of Posting 2. Amended Agenda 3. Attendance Sheet 4. Nov. 3, 2008 Letter from Christine Hethcock on behalf of REI re 39 -acre Directors' Parcel & Revised Legal Description 5. Oct. 31, 2008 Letter from Richard N. Lyons, II, Bernard Lyons Gaddis & Kahn, objecting to the Exclusion of REI's Property {00143812.DOC / 2) 6. Nov. 3, 2008 Letter from MaryAnn McGeady, McGeady Sisneros, P.C., Responding to Dick Lyons's October 31, 2008 Letter 7. REI's Power Point Presentation 8. Disclosure of Potential Conflict of Interest from Christine Hethcock 9. Disclosure of Potential Conflict of Interest from Daniel R. Sheldon 10. Minutes of Meeting 11. District No. 1 Resolution Approving & Authorizing Execution of the Amended & Restated IGA & Related Documents 12. District No. 2 Resolution Approving Exclusion of Property and Authorizing Execution of Amended & Restated IGA 13. Board Order for Exclusion of REI's Property Supporting Documents: 1. Original IGA 2. Blacklined Comparison of Original and Amended & Restated IGA's 3. Amended & Restated IGA * 4. Consolidated Service Plan (May 1999) 5. Letters of Resignation from Christine Hethcock, Tom Burk, and Dan Sheldon 6. Court Order of Exclusion of REI Property 7. Petition for Exclusion of "Directors' Parcel" * Also included in Board Order of Exclusion of REI's Property {00143812.DOC/2) 2) 2 OCTOBER 20, 2008 DISTRICT NO. 1 BOARD MEETING # 1. NOTICE & AGENDA WITH CERTIFICATION OF POSTING NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 NOTICE IS HEREBY GIVEN that a special meeting of the Board of Directors of the Beebe Draw Farms Metropolitan District No. 1 has been scheduled for Monday, October 20, 2008 at 5:30 p.m., at the Pelican Lake Ranch Community Center, 16502 Beebe Draw Farms Parkway, Platteville, Colorado. AGENDA 1. Disclosure of any potential conflicts of interest. 2. Public hearing on exclusion of REI Limited Liability Company real property per Petition for Exclusion attached ("Petition"). 3. Discussion and action by Board of Directors regarding Petition. • Board discussion. • Board approval or denial of Petition. • Conditions of approval of Petition. 4. Public comment. 5. Any other matter that may come before the Board. This meeting is open to the public. Board members may participate telephonically. BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 By /s/ Thomas A. Burk Secretary {00138301.DOC /) PETITION FOR EXCLUSION In accordance with Section 32-1-501(1), C.RS., the undersigned, REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company (the "Petitioner"), does hereby respectfully petition the Beebe Draw Farms Metropolitan District No. 1 ("District"), acting by and through its Board of Directors ("Board"), for the exclusion of certain real property from the boundaries of the District, subject to the conditions described herein (the "Exclusion"). The Petitioner represents to the District as follows: 1. The land to be excluded consists of approximately 2,266.118 acres situate in the County of Weld, State of Colorado and is legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and, at present, constitutes a portion of the District. 2. The Petitioner is the fee owner of one hundred percent (100%) of the Property and no other person(s), entity or entities own(s) an interest in the Property except as beneficial holder(s) of encumbrances. 3. The Petitioner hereby assents to the exclusion of the Property from the boundaries of the District and to the entry of an Order in the District Court, County of Weld, State of Colorado (the "Court"), excluding the Property from the boundaries of the District. The Petitioner acknowledges that there shall be no withdrawal of the Petition from consideration by the Board after publication of notice of the hearing therefore, without the Board's consent. 4. If requested by the Petitioner, the District and the Petitioner shall enter into an Exclusion Agreement which addresses the conditions of the exclusion and the conditions upon which the order of exclusion will be recorded with the Weld County Clerk and Recorder. 5. The Petitioner agrees that it will pay, or cause to be paid, the fees incurred by the District, if any, for the Exclusion if this Petition is accepted, including the costs of publication of appropriate legal notices and legal fees and costa incurred by the District in connection with the Exclusion of the Property. The Petitioner hereby requests that the Board approve the Exclusion of the Property from the boundaries of the District and that the District file a motion with the Court requesting that an Exclusion Order be entered, stating that from and after the effective date of the Exclusion Order, the Property shall not be liable for bonded indebtedness, assessments or other obligations of the District which may be incurred after the effective date of the Order. (00132502.DOC v:1 Signed this 11 tilday of September, 2008. REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company By: Name: t`7iristine Hethcock Its: Manager Address of Petitioner: 3(o&b 5, L6_7eo saintErma Iv cath $ STAT OF COLORADO d� �_ COUNT OP �F�l m,024 SS. The foregoing instrument was acknowledged before me this /71 day of September, 2008, by Christine Hethcock, as Manager of REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company. Witness my hand and official seal. My commission expires: 6-42-07 (saa2$02.DOC v:I ) 2 EXHIBIT A Legal Description of Property (00132502.OOO v:1) Beebe Draw Filing 2 Legal Description: Legal Description of a parcel of land being a portion of that certain parcel of land described on the boundary survey recorded April 12, 1995 in Book 1487, Page 123 under Reception No. 2433894 on file in the office of the Clerk and Recorder. Weld County, Colorado situate in Sections 4, 5, 8, 9, 10 and 17, Township 3 North, Range 65 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the Southwest Corner of said Section 8 and considering the West line of said Section 8 as bearing North 00°09'35" West and with all bearings contained herein relative thereto; thence along said West line North 00°09'35" West 1994.84 feet to a point on the Southerly line of the corrected first filing plat of Beebe Draw Farms and Equestrian Center recorded December 13, 1989 in Book 1251 under Reception No. 02200074 according to the plat on file in the office of the Clerk and Recorder, said County; thence along the boundary of said plat the following 53 courses and distances; South 73°10'00" East 888.37 feet; thence South l6°50'00" West 153.46 feet; thence South 46°50'08" East 749.22 feet; thence North 55°46'07" East 97.84 feet; thence South 46°5923" East 1326.17 feet; thence North 83°33'14" Bast 694.12 feet; thence North 32°48'49" East 257.46 feet to a point on a curve concave to the Northeast having a central angle of 21 °56'45" and a radius of 993.66 feet; a radial line passing through said point bears South 31°07'32" West; thence Southeasterly along the arc of said curve 380.60 feet to the end of said curve; thence tangent from said curve South 80°49'12" East 169.63 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 26°11'26" and a radius of 1221.67 feet; thence Southeasterly along the arc of said curve 558.44 feet to the end of said curve; thence tangent from said curve South 54°37'46" East 70.54 feet; thence North 35°22'14" East 150.48 feet; thence North 85°4029" East 507.75 feet; thence South 87°32'47"East 399.71 feet; thence South 78°20'53" East 391.38 feet; thence North 13°54'57" West 1387.81 feet; thence South 88°16'34" East 170.52 feet; thence South 37°13'43" East 1250.00 feet; thence South 62°09'58" East 450.00 fed; thence South 79°40'14" East 400.00 feet; thence South 75°25'39" East 450.00 feet; thence North 89°41'05" East 398.67 feet; thence North 00°22'03" East 470.01 feet; thence South 89°41'05" West 50.00 feet; thence North 00°22'04" East 495.00 feet; thence North 89°37'55" West 91.83 feet; thence North 42°2427" West 646,46 feet; thence North 72°26'31" West 54.60 feet; thence North 17°17'09" West 207.35 feet; thence North 00°16'43" East 348.60 feet; thence North 12°04'51" West 380.71 feet; thence North 06°35'57" West 425.17 feet; thence North 41°32124" West 327.37 feet; thence North 31°19'19" West 302.66 feet; thence North 23°33'38" West 293.98 feet; thence North 20°5625" West 650.00 feet; thence North 34°55'56" West 423.91 feet; thence North 52°36'54" West 357.78 feet to a point on the South right-of-way line of Beebe Draw Farms Parkway; thence along said South right-of-way line the following three courses and distances; South 37°23'06" West 155.00 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 28°09'58" and a radius of 1141.35 feet; thence Southwesterly along the arc of said curve 561.08 feet to the end of said curve; thence tangent from said curve South 65°33'04" West 266.94 feet; thence North 24°26'46" West 100.00 feet; thence North 46°08'35 West 1117.27 feet; thence South 74°02'57" West 850.00 feat to a point on a curve concave to the Southwest having a central angle of 21°01'08" and a radius of 986.23 feet; a radial line passing though said point bears North 62°51'38" Bast; thence Northwesterly along the arc of said curve 361.80 feet to the end of said curve; thence tangent from said curve North 48°09'30" West 225.00 feet; thence South 41°50'30" West 235.00 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 20°43'40" and a radius of 225.00 fret; thence Southwesterly along the arc of said curve 81.40 feet to the end of said curve; a radial line passing through said end of curve bears North 68°53'10" West; thence departing said curve North 68°53'10" West 1 450.00 feet; thence South 38°50'00" West 331.13 feet; thence North 72°28'11" West 508.22 feet; thence South 86°32'30" West 1532.88 feet; thence South 89°50'25" West 200.00 feet to a point on the West line of said Section 8; thence departing said corrected fast filing plat of Beebe Draw Frames and Equestrian Center and along said West line of said Section 8 North 00°09'35" West 206.16 feet to the Northwest Corner of said Section 8; thence along the West line of the Southwest Quarter of said Section 5 North 00°25'20" West 2654.03 feet to the West Quarter Corner of said Section 5; thence along the West line of the Northwest Quarter of said Section 5 North 00°24'27" West 132722 feet to the Southwest Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of the North Half of the Northwest Quarter of said Section 5 North 89°44'21" East 2631.31 feet to the Southeast Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of the Northwest Quarter of the Northeast Quarter from said Section 5 North 89°44'21" East 1331.58 feet to the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the East line of the Northwest Quarter of the Northeast Quarter of said Section 5 North 00°38'58" West 1325.38 feet to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the North line of the Northeast Quarter of said Section 5 North 89°39'41" East 1333.17 feet to the Northeast Corner of said Section 5; thence along the North line of the Northwest Quarter of said Section 4 North 89°45'43" East 2638.09 feet to the North Quarter Corner of said Section 4; thence along the North line of the Northeast Quarter of said Section 4 North 89'24'30" East 805.01 feet; thence departing said North line South 40°03'54" East 9.61 feet; thence South 10°09'16" West 45.49 feet; thence South 27°01'56" West 281.98 feet; thence South 35°02'52" West 129.95 feet; thence South 46.24'35" West 113.95 feet; thence South 67°56'11" West 114.41 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 43°14'32" and a radius of 210.00 feet; thence Southwesterly along the arc of said curve 158.51 feet to the end of said curve; thence tangent from said curve South 24°41'19" West 39.72 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 68°10'08" and a radius of 217.23 feet; thence Southeasterly along the arc of said curve 258.45 feet to the end of said curve; thence tangent from said curve South 43°28'49" East 159.97 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 48°38'11" and a radius of 81.88 feet; thence Southwesterly along the arc of said curve 69.51 feet to the end of said curve; thence tangent from said curve South 05°09'21" West 19.20 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 25°54'10" and a radius of 260.90 feet; thence Southwesterly along the arc of said curve 117.95 feet to the end of said curve; thence tangent from said curve South 31°0331" West 130.58 feet; thence South 09°40'49" West 95.26 feet; thence South 03°11'34" East 116.07 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 36°30'36" East and a radius of 180.24 feet; thence Southeasterly along the arc of said curve 114.85 feet to the end of said curve; thence tangent from said curve South 39°42'10" East 116.57 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 45°22'31" East and a radius of 114.82 feet; thence Southeasterly along the arc of said curve 90.93 feet to the end of said curve; thence tangent from said curve South 85°04'41" East 170.71 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 68°29'30" and a radius of 126.33 feet; thence Southeasterly along the arc of said curve 151.02 feet to the end of said curve; thence tangent from said curve South 16°35'11" East 120.95 feet to the beginning of a tangent curve concave to the West having a central angle of 25°35'07" and a radius of 440.41 feet; thence Southwesterly along the arc of said curve 196.66 feet to the end of said curve; thence tangent from said curve South 08°59'57" West 101.24 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 59°32'10" and a radius of 242.34 feet; thence Southeasterly along the arc of said curve 251.82 feet to the end of said curve; thence tangent from said curve South 50°32'12" East 97.62 feet; thence North 89°31'48" East 283.17 feet; thence South 31°18'26" East 113.96 feet; thence South 58°32'01" West 57.39 feet; thence South 31°27'59" East 522.19 feet; thence South 10°25'00" East 99.33 feet; thence South 33°44'57" East 157.31 feet; thence South 51°33'07" West 95.52 feet; thence South 2 00°23'23" East 177.92 feet; thence South 10°18'08" East 78.26 feet; thence South 30°46'04" East 152,46 feet; thence South 47°55'59" East 265.05 feet; thence South 37°58'27" West 164.42 feet; thence South 06°08'57" West 239.20 feet; thence South 33°32'01" East 129.62 feet; thence South 74°20'38" East 218.49 feet; thence South 21°05'43" East 136.12 feet; thence South 05°34'34" East 216.02 feet; thence South 40°38'47" East 130.48 feet; thence South 06°3774" West 112.76 feet; thence South 13°34'05" Bast 59.67 feet; thence South 35°26'15" East 136.24 feet; thence South 49°59'28" East 73.11 feet; thence South 72°02'53" East 149.26 feet; thence South 28°24'37" East 133.73 feet; thence South 40°21'43" East 122.55 feet; thence South 31°08'11" East 168.24 feet; thence South 35°26'36" East 144.84 feet; thence South 52°48'46" East 145.60 feet; thence South 53°35'11" East 274.60 feet; thence South 01°31'42" West 75.03 feet; thence South 30°03'25" West 263.26 feet; thence South 06°03'06" East 282.44 feet; thence South 25°15'38" East 337.55 feet; thence South 23°51'00" East 264.59 feet; thence South 29°30'32" East 174.35 feet; thence South 37°11'17" East 96.99 feet; thence South 52°03'02" East 69.68 feet; thence South 55°31'03" East 148.65 feet; thence South 1691'28" East 138.93 feet; thence South 42°52'22" East 177.69 feet; thence South 25°09'33" East 155.19 feet; thence South 24°47'22" East 180.62 feet; thence South 36°43'50" East 146.03 feet; thence South 25°08'32" West 111.15 feet; thence South 02°01'46" East 227.19 feet; thence South 20°03'30" East 193.90 feet; thence South 12°32'52" East 346.85 feet; thence South 10°2275" West 264.13 feet; thence South 05°07'51" West 157.19 feet; thence South 32°32'42" West 220.12 feet; thence South 19°19'50" West 268.66 feet; thence South 38°04'09" West 284.92 feet; thence South 79°43'19" West 714.61 feet; thence South 24°52'21" West 224.67 feet; thence South 07° 13'48" East 37.52 feet to a point on the South line of said Section 10; thence along said South line South 89°28'30" West 283.01 feet to the Northeast Corner of said Section 9; thence along the South line of said Section 9 South 89'41'18" West 5121.15 feet to the Northeast Corner of said Section 17; thence along the East line of said Section 17 South 00°30'21" East 5282.59 feet to the Southeast Corner of said Section 17; thence along the South line of said Section 17 South 89°3305" West 5327.95 feet to the Southwest Corner of said Section 17; thence along the West line of said Section 17 North 00°29'44" West 5259.39 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM the following two (2) parcels: Parcel 1 - School Site Legal Description of a parcel of land being a portion of the Northwest Quarter of Section 4 and the Northeast Quarter of Section 5, Township 3 North, Range 65 West of the 6'" P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of said Section 4 and considering the North line of the Northwest Quarter of said Section 4 as bearing North 89'45'43" East and with all bearings contained herein relative thereto; thence along said North line North 89°45'43" East 844.05 feet; thence departing said North line South 00°19'37" West 30.00 feet to the TRUE POINT OP BEGINNING; thence South 00°19'37" West 674.51 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 10°04'02" and a radius of 435.00 feet; thence Southwesterly along the arc of said curve 76.43 feet to the end of said curve, a radial line passing through said end of curve bears South 79°3670" East; thence departing said curve South 89°45'34" West 2157.24 feet to a point on the East line of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along said East line North 00°38'58" West 748.22 feet; thence departing said East line North 89°39'4 l" East 1332.98 feet; thence North 89°45'43" East 843.75 feet to the TRUE POINT OF BEGINNING. 3 Parcel 2 - Fire Station Site Legal Description of a parcel of land being a portion of the Northwest Quarter of Section 4, Township 3 North, Range 65 West of the 6'h P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of said Section 4 and considering the North line of the Northwest Quarter of said Section 4 as bearing North 89°45'43" East and with all bearings contained herein relative thereto; thence along said North line North 89°45'43" East 924.06 feet; thence departing said North line South 00°19'37" West 30.00 feet to the TRUE POINT OP BEGINNING; thence North 89°45'43" East 400.02 feet; thence South 0099'37" West 404.39 feet; thence North 89°40'23" West 400.00 feet; thence North 00° 19'37" East 400.44 feet to the TRUE POINT OF BEGINNING. Containing 2,266.118 acres, more or less, and is subject to all easements, agreements and rights -of -way of record. 4 of 10 08 03:,19p `Miles 970-785-n025 p.2 I hereby certify that a copy of the foregoing Notice of Coordinated Special Meeting was, by me personally, posted in three locations within the Districts' boundaries at least three *days prior to the special meeting. •' - 1 7 I hereby certify that a copy of the foregoing Notice of Coordinated Special Meeting was, by me personally, forwarded to the Weld County Clerk and Recorder's office for posting on the public bulletin board at least three days prior to the al meeting /s/ Sharon Mau �✓� �" &;4-%.* Pet Mr, (6- rU-c8 a std II aims Pe'5 0` e(GtiCrt (00138177.DOC4 ivy atCl4; l yao:tl E` Att.I tut: 6•0,,Q/5 dCPt e� loea'1en- Par eoel� OCTOBER 20, 2008 DISTRICT NO. 1 BOARD MEETING # 2. PROOF OF PUBLICATION OF NOTICE OF OPEN MEETING ON HEARING ON PETITION FOR EXCLUSION Affidavit of Publication i,�dai nui rGi ca: STATE OF COLORADO County of Weld, I, Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, (days): that the notice was published in the regular and entire issue of every, number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said newspaper - bearing date the Fourteenth day of October AD.2008 and the last publication thereof: in the issue of said newspaper bearing date the Fourteenth day of October AD. 2008. that said The Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue there of contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 14.2008 Total Charges: $61.52 gRatir -CAdvertibifi‘fia 6 day of. November 2008 Notary Public OCTOBER 20, 2008 DISTRICT NO. 1 BOARD MEETING # 3. ATTENDANCE SHEET BEEBE DRAW FARMS ;METROPOLITAN RESTRICT NO. 1 BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 OCTOBER 20, 2008 BOARD MEETINGS ATTENDANCE SHEET NAME COMPANY (or "Property Owner/Resident") DO YOU INTEND TO SPEAK DURING DISTRICT NO 1 PUBLIC HEARING ("Yes" O o ** 6 �� r .. L 1°2`('93 esev/a(9 O /` , ism rmh re-. tiiici f' e+ Cl)a _ Alin f—ind . 6 l ill 470 Au r tytri-h“;t, e6 /v RE5 i~A4(fr fAl Aro Jo Reg /4005 4E,YMRA fitt5 �E S 0ete 16,6/7-4-a-,0417 e c ;�iw�&.fi /o ws- (S'.u4etd4V W14 4-/-s-- s--- EE�/J4e4._ Pit I) V0 M:cit. {JJJ G'1 /940 l 4q / 1 0o, O S fein-5:)---#..1 1\f\& Qo wet l I (ARl LQAUlftrd 3 /pis ye' Li, rv\ 11 / 4fl 434l 04.1- (/ d" C7 C 13ocivax)ttt`, I 6 Vz- Cs sex C S- C 026L I U 1 J to"i ' V S lfivis 1�a d a x� jelrej. ' 3 it.souvi xeat l(0. g 4- 3 r'f°P`as qes Cater ,/ 54e' &a s&€ ,wit) iPD rne ereL MI%) t rLn/es 0r so PO ici-DIAil-e-i ..- ** Speakers will each be alloted 4 minutes o time. OCTOBER 20, 2008 DISTRICT NO. 1 BOARD MEETING # 4. PETITION FOR EXCLUSION BY REI PETITION FOR EXCLUSION In accordance with Section 32-1-501(1), C.R.S., the undersigned, REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company (the "Petitioner"), does hereby respectfully petition the Beebe Draw. Farms.Met opolitanDistrict No.1("District"), acting by . lb o o r e axeexclusion o certain realy Rom the houndari0s D�th4 Diattict,1911�eC i thnsOndrtlons d�ur-nbed hermn (tl►e �.._---- . . The Petitioner represents to the District as follows: 1. The land to be excluded consists of approximately 2,266.118 acres situate in the County of Weld, State of Colorado and is legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and, at present, constitutes a portion of the District. 2. The Petitioner is the fee owner of one hundred percent (100%) of the Property and no other person(s), entity or entities own(s) an interest in the Property except as beneficial holder(s) of encumbrances. 3. The Petitioner hereby assents to the exclusion of the Property from the boundaries of the District and to the entry of an Order in the District Court, County of Weld, State of Colorado (the "Court"), excluding the Property from the boundaries of the District. The Petitioner acknowledges that there shall be no withdrawal of the Petition from consideration by the Board after publication of notice of the hearing therefore, without the Board's consent. 4. If requested by the Petitioner, the District and the Petitioner shall enter into an Exclusion Agreement which addresses the conditions of the exclusion and the conditions upon which the order of exclusion will be recorded with the Weld County Clerk and Recorder. 5. The Petitioner agrees that it will pay, or cause to be paid, the fees incurred by the District, if any, for the Exclusion if this Petition is accepted, including the costs of publication of appropriate legal notices and legal fees end costs incurred by the District in connection with the Exclusion of the Property. The Petitioner hereby requests that the Board approve the Exclusion of the Property from the boundaries of the District and that the District file a motion with the Court requesting that an Exclusion Order be entered, stating that from and after the effective date of the Exclusion Order, the Property shall not be liable for bonded indebtedness, assessments or other obligations of the District which may be incurred after the effective date of the Order. (00132302.DOC v:l Signed this 11 " day of September, 2008. REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company Address of Petitioner: E R l twadd) CO &Mr., STATtOF COLORADO COUN OF a,' ) se. The foregoing instrument was acknowledged before me this /7a day of September, 2008, by Christine Hethcock, as Manager of REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company. Witness my hand and official seal. My commission expires: 4—/2-07 otaryPublic ° Me Oa (00132302.DOC v:I) 2 EXHIBIT A. Legal Description of Property (00132502.DOC v:1) Beebe Draw Filing 2 Legal Description: Legal Description of a parcel of land being a portion of that certain parcel of land described on the boundary survey recorded April 12, 1995 in Book 1487, Page 123 under Reception No. 2433894 on file in _- ._ --the-office•of-the-Cledr-anditacorder,—Weld-Countyr Colorado -Orate -in- Sections 4,-5;8799,-l6_and..f7; - - Township 3 North, Range- 65 -West of. follows; Beginning at the Southwest Comer of said Section 8 and considering the West line of said Section 8 as bearing North 00°09'35" West and with all bearings contained herein relative thereto; thence along said West line North 00°09'35" West 1994.84 feet to a point on the Southerly line of the corrected first filing plat of Beebe Draw Farms and Equestrian Center recorded December 13, 1989 in Book 1251 under Reception No. 02200074 according to the plat on file in the office of the Clerk and Recorder, said County; thence along the boundary of said plat the following 53 courses and distances; South 7Y10'00" Bast 888.37 fat; thence South 16°50'00" West 153.46 fee; thence South 46°50'08" East 749.22 feet; thence North 55'46'07" East 97.84 feet; thence South 469923" East 1326.17 feet thence North 83°33'14" East 694.12 feet; thence North 32°48'49" East 257.46 feet to a point on a curve concave to the Northeast having a central angle of 21'56'45" and a radius of 993.66 feet a radial line passing through said point bears South 31.07'32" West; thence Southeasterly along the arc of said curve 380.60 fee to the end of said curve; thence tangent from said curve South 80'49'12" East 169.63 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 26°11'26" and a radius of 1221.67 fat; thence Southeasterly along the arc of said curve 558.44 feet to the end of said curve; thence tangent from said curve South 54'37'46" East 70.54 feet thence North 35.22'14" East 150.48 feet thence North 85°4079" East 507.75 fat;; thence South 87'32'47" East 399.71 feet; thence South 78°20'53" Bast 391.38 feet; thence North 1394'57" West 1387.81 fat; thence South 88°16'34" Bast 170.52 feet; thence South 37°13'43" Bast 1250.00 feet; thence South 62°09'58" East 450.00 feet; thence South 79°40'14" East 400.00 feet; thence South 75'25'39" East 450.00 fee; thence 14orth 89°41'05" East 398.67 feet; thence North 00°22'03" East 470.01 feet; thence South 89'41'05" West 50.00 feet; thence North 00°22'04" East 495.00 feet; thence North 89°37'55" West 91.83 fat; thence North 42°24'27" West 646.46 feet thence North 72°2691" West 54.60 feet; thence North 17'17109" West 207.35 feet; thence North 00°16'43" East 348.60 feet; thence North 12.04'51" West 380.71 feet; thence North 06°3557" West 425.17 feet; thence North 41°3274" West 327.37 fat; thence North 31°19'19" West 302.66 feet; thence North 23'33'38" West 293.98 feet; thence North 20°56'25" West 650.00 feet; thence North 3495'56" West 423.91 feet; thence North 52°36'54" West 357.78 feet to a point on the South right-of-way line of Beebe Draw Farms Parkway; thence along said South right-of-way line the following three courses and distances; South 37°23'06" West 155.00 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 28°09'58" and a radius of 1141.35 fat; thence Southwesterly along the arc of said curve 561.08 feet to the end of said curve; thence tangent from said curve South 65°33'04" West 266.94 feet; thence North 24°26'46" West 100.00 feet; thence North 46°08'35 West 1117.27 feet thence South 74°02'57" West 850.00 fat to a point on a curve concave to the Southwest having a antral angle of 21'01'08" and a radius of 986.23 feet; a radial line passing though said point bears North 62°51'38" East; thence Northwesterly along the arc of said curve 361.80 feet to the end of said curve; thence tangent from said curve North 48°09'30" West 225.00 feet thence South 41°50'30" West 235.00 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 20'43'40" and a radius of 225.00 feet; thence Southwesterly along the arc of said curve 81.40 feat to the end of said curve; a radial line passing through said end of curve bears North 68'53'10" West; thence departing said curve North 68.53'10" West 1 450.00 feet; thence South 38.50'00" West 331.13 feet; thence North 72'28'11" West 508.22 feet; thence South 86°32'30" West 1532.88 feet; thence South 89°5075" West 200.00 feet to a point on the West line of said Section 8; thence departing said corrected first filing plat of Beebe Draw Frames and Equestrian Center and along said West line of said Section 8 North 00°09'35" West 206.16 feet to the Northwest Corner of said Section 8; thence along the West line of the Southwest Quarter of said Section 5 North 00°25'20" West 2654.03 het to the West Quarter Comer ofaa—idSeectTon 5; thence along the West lire -.---------groN'esd.g on ° t-to-the-Southwest.Comer-of.ahe--------- •—Nordr-Hal otthe-Nerthwestitruter afwaid Seatio n6t ealeng the•lieuthiline eftho ierthartf-ot-the . .. Northwest Quarter of said Section 5 North 89°44'21" East 2631.31 feet to the Southeast Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of the Northwest Quarter of the Northeast Quarter from said Section 5 North 89°44'21" East 1331.58 feet to the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the East line of the Northwest Quarter of the Northeast Quarter of said Section 5 North 00°38'58" West 1325.38 feet to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the North line of the Northeast Quarter of said Section 5 North 89°39'41" East 1333.17 feet to the Northeast Corner of said Section 5; thence along the North line of the Northwest. Quarter of said Section 4 North 89°45'43" East 2638.09 feet to the North Quarter Corner of said Section 4; thence along the North line of the Northeast Quarter of said Section 4 North 89'24'30" East 805.01 feet; thence departing said North line South 40°03'54" East 9.61 feet; thence South 10°09'16" West 45.49 feet thence South 27°01'56" West 281.98 feet; thence South 35°02'52" West 129.95 feet; thence South 46°24'35" West 113.95 feet; thence South 67'56'11" West 11441 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 43°14'52" and a radius of 210.00 feet; thence Southwesterly along the am of said curve 158.51 feet to the end of said curve; thence tangent from said curve South 24°41'19" West 39.72 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 68°10'08" and a radius of 217.23 feet; thence Southeasterly along the arc of said curve 258.45 feet to the end of said curve; thence tangent from said curve South 43°28'49" East 159.97 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 48°38'11" and a radius of 81.88 feet; thence Southwesterly along the arc of said curve 69.51 feet to the end of said curve; thence tangent from said curve South 05°0921" West 19.20 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 25°54'10" and a radius of 260.90 feet; thence Southwesterly along the arc of said curve 117.95 feet to the end of said curve; thence tangent from said curve South 31°03'31" West 130.58 feet; thence South 09°40'49" West 95.26 feet; thence South 03°11'34" East 116.07 feet to the beginning of a tangent curve c 0.24 oea tthe Northeastarc ofsasaidd curve 114.885 feet to e of ° the6" East and a radius of end of said curve; thence8tangenttffrom ssaid Southeasterly along curve South 39°42'10" East 116.57 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 45 °22'31" East and a radius of 114.82 feet thence Southeasterly along the arc of said curve 90.93 feet to the end of said curve; thence tangent from said curve South 85°04'41" Bast 170.71 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 68°29'30" and a radius of 126.33 feet; thence Southeasterly along the arc of said curve 151.02 feet to the end of said curve; thence tangent from said curve South 16°35'11" East 120.95 feet to the beginning of a tangent curve concave to the West having a central angle of W35'07" and a radius of 440.41 feet; thence Southwesterly along the arc of said curve 196.66 feet to the end of said curve; thence tangent from said curve South 08°59'57" West 101.24 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 59°32'10" and a radius of 242.34 feet thence Southeasterly along the arc of said curve 251.82 feet to the end of said curve; thence tangent from said curve South 50°32'12" East 97.62 feet; thence North 89°31'48" East 283.17 feet; thence South 31°18'26" Bast 113.96 feet; thence South 58°32'01" West 57.39 feet; thence South 31°27'59" Bast 522.19 feet; thence South 10°25'00" East 99.33 feet; thence South 33°44'57" East 157.31 feet thence South 5P33'07" West 95.52 feet; thence South 2 00°23'23" East 177.92 feet; thence South 10°18'08" East 78.26 feet; thence South 30°46'04" East 152.46 feet; thence South 47°55'59" East 265.05 feet; thence South 3798'27" West 164.42 feet; thence South 06°08'57" West 239.20 feet; thence South 33°32'01" East 129.62 feet thence South 74.20'38" East 218.49 feet; thence South 21°05'43" Bast 136.12 feet; thence South 05'34'34" Bast 216.02 feet; thence South 40°38'47" East 130.48 feet; thence South 06°3774" West 112.76 feet; thence South 13°34'05" East 59.67 feet ce Sou t eet; ou ; once -------South-72°02'53" East 149.26 feet thence-South-281-'2427LBas6133.73-feet;thence-Soutlu{A'2143'Eest _ 12435-feetpthenoe-Seuth-31s0894-LEast 468,94•feetp dmneelouth-3S'362" t_-144,84-feetrthaice South 52°48'46" East 145.60 feet; thence South 53°35'11" East 274.60 feet; thence South 01 °31'42" West 75.03 feet; thence South 30'03'25" West 263.26 feet; thence South 06°03'06" East 282.44 feet thence South 25°15'38" East 337.55 feat; thence South 23°51'00" East 264.59 feet; thence South 29'30'32" East 174.35 feet; thence South 379117" East 96.99 feet; thence South 52.03'02" East 69.68 feet; thence South 55°31'03" East 148.65 feet thence South 16°11'28" Bast 138.93 feet; thence South 42°5272" East 177.69 feet; thence South 25'09'33" Bast 155.19 feet; thence South 24°4722" But 180.62 feet; thence South 36°43'50" East 146.03 feet; thence South 25°08'32" West 111.15 feet; thence South 02°01'46" East 227.19 feet; thence South 20°03'30" Best 193.90 feet; thence South 12°32'52" East 346.85 feet; thence South 10°22'25" West 264.13 feet; thence South 05.07'51" West 157.19 feet; thence South 32°32'42" West 220.12 feet; thence South 19°19'50" West 268.66 feet; thence South 38°04'09" West 284.92 feet; thence South 79°43'19" West 714.61 feet; thence South 24°52'21" West 224.67 feet; thence South 07°13'48" East 3752 feet to a point on the South line of said Section 10; thence along said South line South 89°28'30" West 283.01 feet to the Northeast Corner of said Section 9; thence along the South line of said Section 9 South 89°41'18" West 5121.15 feet to theNortheast Corner of said Section 17; thence along the East line of said Section 17 South 00.3071" East 528259 feet to the Southeast Corner of said Section 17; thence along the South line of said Section 17 South 89.33'05" West 5327.95 feet to the Southwest Corner of said Section 17; thence along the West line of said Section 17 North 00°29'44" West 5259.39 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM the following two (2) parcels: Parcel 1- School Site Legal Description of a parcel of land being a portion of the Northwest Quarter of Section 4 and the Northeast Quarter of Section 5, Township 3 North, Range 65 West of the 66 P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of said Section 4 and considering the North line of the Northwest Quarter of said Section 4 as bearing North 89°45'43" East and with all bearings contained herein relative thereto; thence along said North line North 89°45'43" East 844.05 feet; thence departing said North line South 00°19'37" West 30.00 feet to the TRUE POINT OF BEGINNING; thence South 00°19'37" West 674.51 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 10°04'02" and a radius of 435.00 feet; thence Southwesterly along the arc of said curve 76.43 feet to the end of said curve, a radial line passing through said end of curve bears South 79°36'20" Bast; thence departing said curve South 89°45'34" West 2157.24 feet to a point on the Bast line of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along said Bast line North 00°38'58" West 748.22 feet; thence departing said Bast line North 89°39'41" East 1332.98 feet; thence North 89°45'43" East 843.75 feet to the TRUE POINT OP BEGINNING. Parcel 2 - Fire Station Site Legal Description of a parcel of land being a portion of the Northwest Quarter of Section 4, Township 3 North, Range 65 West t e th P.M., Weld County, Colorado, be igig more pettic`tiiariy descr≥'6ed-as follows Beginning at the Northwest corner of said Section 4 and considering the North line of the Northwest Quarter of said Section 4 as bearing North 89°45'43" East and with all bearings contained herein relative thereto; thence along said North line North 89°45'43" East 924.06 feet; thence departing said North line South 0099'37" West 30.00 feet to the TRUE POINT OF BEGINNING; thence North 89°45'43" East 400.02 feet; thence South 00°19'37" West 404.39 feet; thence North 89°4023" West 400.00 feet; thence North 00°19'37" East 400.44 feet to the TRUE POINT OF BEGINNING. Containing 2,266.118 acres, more or less, and is subject to all easements, agreements and rights -of -way of record. 4 OCTOBER 20, 2008 DISTRICT NO. I BOARD MEETING # 5. 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(LI U p O) C C O -C C D V)�o•-0)4_ r N -� 74= to 0 to `4 0 0 Z."2 '— - z - 0 0 — X o w -.1-5 wn o> r" 73E a) L O C C3 -(7; -- . -4(--/) D Rii- a- g E a 1:3 $2, I O W C' O U E :0— o� a 0 o� P O U)) L a) St:— a) ,S 0 .C E a3 co L O a) c (en a) O U U -" Ct 0a) 0 > O Ct co fd U) Z 2..) U . • E 17; . ._ WO C Co o U x L Coo "C o 0-" a c o •- L � O`= w CD O CO .p .-' IS DO c CG > E- O U L C Cl Cad `+—.0 0 C O Co 42 Q) U O-0 C C3 C CO Co 0-3 C O C CO cz tP W • S • • OCTOBER 20, 2008 DISTRICT NO.1 BOARD MEETING # 6. LETTER FROM CONCERNED RESIDENTS To Board of Directors of Beebe Draw Farms Metro Districts 1 and 2, Various residents within the Metro District have reviewed the notice posted by the Metro Districts for the meetings to be held on Monday, October 20, 2008. We noted that REI is asking the Metro District boards to allow them to exclude 2,231 acres of land from district one's boundaries. Our understanding is that the land being excluded is substantially all, if not all, of the land in the Beebe Draw Filing 2. We would like to express concern about this transaction and ask that both Metro District boards table the decision until the economic impact to the districts, the residents, oil and gas interests, and the County can be evaluated thoroughly and properly by all parties. As best we can tell from the limited information that has been shared prior to this meeting by the Metro Boards or REI, the petitioner, the impact may be negative to one or more of the parties. The impact of such change may also constitute a material modification to the Service Plan which would need to be approved by the County Commissioners. Respectfully Submitted, Larry and Ros Bader Jason and Casey Barrett George and Diana Barrett Darren and Kelli Diederich Rod and Lisa Gantenbein Steve and Stacy Gentry Tom and Melissa Haapala Jeff and Julie Hare Scott and Crystal Johnson Ileene Mader John and Angie Powell Mike Welch and Jennifer Teets Joel Moreland and Debra Wilcox Steve Utley & Vicki Bauer -Utley Doug and Shirley Prom Doug and Pam Freel Mike and Allison Hannah Rita and Leah Yeada Jana Delcamp Steven Street Jessie and Kellie Martinez OCTOBER 20, 2008 DISTRICT NO. 1 BOARD MEETING # 7. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST FOR CHRISTINE HETHCOCK in TO: The Band of Dircotora of the Beebe Draw Farms ivtetropotilan District Nos, I and 2 and the Secretary of State FROM: Christ to iletheock RE: Disclosers of Potential Conflict of interest or Private Interest I, Christine tietlloock, am a.member of the Band of Directors of the Beebe Draw Rums Metropolitan District Has. I and 2 (the "DlttrrcN"). In Accordance with Section 2d -18-109{3)(b). Section 24-18410, Section 324402 and Section 184-308, C.R.S.,1 hereby give notion to the Dada* a and the Secretary of State that to the beat of my kanwludgy hdhen lion and belief es of the day of this writing, !have a potential conflict of intemste r potential personal, Beniciat, private or other interest that may impinge on my fiduciary day atd.the public mat with respect to the ibllowin0 issue, contact, pu chase, payment or other pseud/try to enetion e oonddned ate meeting ofthe Bond of Directors of the Districts on or_atter t iicifigr a0 Dato b. See the. Agendas attached haat°, I. In caamaction with the.ebovodewribed transsotian. I hasaby give Sloe to the Districts and the Seaway of State that I have the Rdlowing financial hderest•. (a) I have an ownership interest in the following budnas(ea): An ownership Intense in GieakarCompaniee. LLC, width Si an ewnewblp Merest is PLR, LLC, width bats esaenbly intaatas in RICE, LLC. The eppnxtimateamount of my flaaooiei interest Is described as follows: 1 have a son ar(ortty enema interest is ComwllarCespanhe. LLC (b) . I have the tblloowing creditor interest In the folloving insolvent hasinesa(ee): N/A The approximate amount. army financial interest is described as follows. NIA (a) I am employed or an negotiating Ay employment with the following bumblin (es): 1 am an °wear and saraapr of Gibraltar Ct..,..aits. LLC. ioaaur.aac.a 1 The approximate amount of my financial interest is described as follows: Variable, band apse vain of nosh and distributions made per entity spatting element (d) I have the Iblletwing interest in real or personal property: I have an undivided vie tnletest in certain real property located within the boundaries of the Dhabi. The appicelmate amount ofmy fiaandel intoreat is described as Wows: Paynaaat of ad wales property taxes. (e) Iowa the following undeveloped land, which cematttutes at least twenty percent (20%) of the tenitoty Included in the subject Districts: RU, Lit owes property within the Dlatriefs, The neptunimate number of acres: 2,660 (f) I have the following loan or debtor interest in the following: Gibraltar Companies, LW is a lender to RD. L.I.C. The approximate amount of my financial interest is described as follows: See imposes to i(a) above. (g) !have the following directorship or offcer:hip In the following hminees(es): Manager of RC, LLC, a properly owaanwithin the boundaries of the Districts. The approximate•amotmt of my financial interest is described as fellows: See response to i(a) above. 2. In connection with the above -described transaction, thereby give Notice to the District end the Secretary of State that t provide services as follows: (a) Services Provided: Nora (b) To Whom Service Provided: None (c) Purpoee Nome (4) Time Period: None (e) Compensation Received or Nature of interest: Nose 3. In accordance with Section 24-1 S-I09(3)(b), C.R.S., and in comtection with the above -described transaction. I hereby give notice to the Districts and the Secretary of State that I have a pew or private interest as described below: -None other than previously dieelosed above. tae1=17.n111: rt; 2 4. in accordance with Section 24.16.211(1)(bXV) C.R.S., !heathy give notice to the Districts' ad the Smeary of State that I have apueowl Musa* in die anima described above and befog made by me in ow official capacity or by the Hard ofDiectoe, of which i am a member. A.dmalplion rimy personal interest in the contract is 4i follows: Nome ether than' previously dlelnead above 5. In connection with the abovoadescribed uawaeticn, [bonny give notice» tits Districts sod the Swattary of State that t have the following other itt ..a, whether puma finarc ai, private or ethatwieo, Mat may impinge on my fiduciary duty and the public trust. Naas ether than previously dismissed about l00134A7.IUC Ell NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF ) EBE DRAW FARMS METROPOLITAN DISTRICT NO. I. NOTICE IS HEREBY GIVEN that a special meeting of the Board of Directors of the Beebe Draw Farms Metropolitan District No. I has been scheduled for Monday, October 20, 2008 at 5:30 p.m., at the Pelican Lake Ranch Community Center, 16502 Beebe Draw Farms Parkway, Platteville, Colorado. AGENDA I. Disclosure of any potential conflicts of interest. 2. Public hearing on exclusion of REI Limited Liability Company real property per Petition for Exclusion attached ("Petition"). 3. Discussion and action by Board of Directors regarding Petition. • Board discussion, • Board approval or denial of Petition. • Conditions of approval of Petition. 4. Public comment. 5. Any other matter that may come before the Board. This meeting is open to the public. Board members may participate telephonically. BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 By /s/ Thomas A. Burk Secretary (001311177.DOC/} OCTOBER 20, 2008 DISTRICT NO.1 BOARD MEETING # 8. RESOLUTION OF BEEBE DRAW FARMS METROPOLITAN DISTRICT NO.2 APPROVING THE EXCLUSION OF THE REI PROPERTY FROM DISTRICT NO. 1 RESOLUTION OF THE BEEBE DRAW FARMS METROPOLITAN DISTRICT NO.2 APPROVING THE EXCLUSION OF REAL PROPERTY FROM THE BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 WHEREAS, on or about October 7, 2008, REI, LIMITED LIABILITY COMPANY a Wyoming Limited Liability Company, filed a Petition (the "Petition") with the Beebe Draw Farms Metropolitan District No. I ("District No. I") requesting that District No. 1 exclude the real property described in the Petition (the "Property") from District No. 1, a copy of the Petition is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is also located within the boundaries of the Beebe Draw Farms Metropolitan District No: 2 ("District No. 2"); and WHEREAS, the District and District No. 2 (the "Districts") were organized pursuant to a Consolidated Service Plan dated May_19_29 9 and approved by the Board of County Commissioners of Weld County on ,1,1 1.7 2 ( I I WI [Paul — please provide date] (the "Service Plan"); and WHEREAS, the Districts are parties to an Intergovernmental Agreement dated August 8, 2001, as amended March 4, 2004 (the "IGA"); and WHEREAS, under the Service Plan, the Districts have complete discretion to approve the inclusion and exclusion of property into and out of the boundaries of their respective District; and WHEREAS, the IGA requires the prior written approval of District No. 2 prior to District No. 1 granting any exclusion of property from its boundaries. NOW, THEREFORE, be it resolved by the Board of Directors of District No. 2 that: 1. The Property is currently within the boundaries of District No. 2 and District No. 2 will provide services to the Property more efficiently and therefore for less cost. 2. Exclusion of the Property is in the best interests of the Property and the Districts as it facilitates the financing, construction, operation and maintenance of the Capital Improvements set forth in the Service Plan. 3. The Board of Directors hereby approves the exclusion of the Property from the boundaries of District No. 1, subject to the execution of an Amended and Restated Intergovernmental Agreement between the Districts setting forth those amendments necessitated by the exclusion of the Property to assure the implementation of the Service Plan and the financing, construction, operation and maintenance of the Capital Improvements, and subject to any other conditions to exclusion that may be imposed by District No. 1 necessary to effectuate the implementation of the Service Plan and the financing, construction, operation and maintenance of the Capital Improvements. APPROVED AND ADOPTED this 20th day of October, 2008. (00134859.DOC v:l ) BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 By: Its: Attest: (00134763.DOC v,1 ) 2 • EXHIBIT A REI, Limited Liability Company Petition for Exclusion (00134859.DOC v:11 PETITION FOR EXCLUSION In accordance with Section 32-1-501(1), C.R.S., the undersigned, RM LIMITED LIABILITY COMPANY, a Wyoming limited liability company (the "Petitioner"), does hereby respectfully petition the Beebe Draw Farms Metropolitan District No. 1 ("District"), acting by and through its Board of Directors ('Board"), for the exclusion of certain real property from the boundaries of the District, subject to the conditions described herein (the "Exclusion"). The Petitioner represents to the District as follows: 1. The land to be excluded consists of approximately 2,266.118 acres situate in the County of Weld, State of Colorado and is legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and, at present, constitutes a portion of the District. 2. The Petitioner is the fee owner of one hundred percent (100%) of the Property and no other person(s), entity or entities own(s) an interest in the Property except as beneficial holder(s) of encumbrances. 3. The Petitioner hereby assents to the exclusion of the Property from the boundaries of the District and to the entry of an Order in the District Court, County of Weld, State of Colorado (the "Court"), excluding the Property from the boundaries of the District. The Petitioner acknowledges that there shall be no withdrawal of the Petition from consideration by the Board after publication of notice of the hearing therefore, without the Board's consent. 4. If requested by the Petitioner, the District and the Petitioner shall enter into an Exclusion Agreement which addresses the conditions of the exclusion and the conditions upon which the order of exclusion will be recorded with the Weld County Clerk and Recorder. 5. The Petitioner agrees that it will pay, or cause to be paid, the fees incurred by the District, if any, for the Exclusion if this Petition is accepted, including the costs of publication of appropriate legal notices and legal fees and costs incurred by the District in connection with the Exclusion of the Property. The Petitioner hereby requests that the Board approve the Exclusion of the Property from the boundaries of the District and that the District file a motion with the Court requesting that an Exclusion Order be entered, stating that from and after the effective date of the Exclusion Order, the Property shall not be liable for bonded indebtedness, assessments or other obligations of the District which may be incurred after the effective date of the Order. (00132502.DOC v:1) • Signed this 7 tt'day of September, 2008. • REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company By: Name: Christine Hethcock Its: Manager Address of Petitioner: 3(e0O 5, Les n Su4z ZOO STATtff COLORADO ) ) ss. COUNOF triblan ) The foregoing instrument was acknowledged before me this /7" day of September, 2008, by Christine Hethcock, as Manager of REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company. Witness my hand and official seal. My commission expires: 6-/)-O7 (001325O2.DOCv:i} 2 EXHIBIT A Legal Description of Property (00132soa.00c v:1) Beebe Draw Filing 2 Legal Description: Legal Description of a parcel of land being a portion of that certain parcel of land described on the boundary survey recorded April 12, 1995 in Book 1487, Page 123 under Reception No. 2433894 on file in the office of the Clerk and Recorder, Weld County, Colorado situate in Sections 4, 5, 8, 9, 10 and 17, Township 3 North, Range 65 West of the 6t° Principal Meridian being more particularly described as follows: Beginning at the Southwest Corner of said Section 8 and considering the West line of said Section 8 as bearing North 00°09'35" West and with all bearings contained herein relative thereto; thence along said West line North 00°09'35" West 1994.84 feet to a point on the Southerly line of the corrected first filing plat of Beebe Draw Farms and Equestrian Center recorded December 13, 1989 in Book 1251 under Reception No. 02200074 according to the plat on file in the office of the Clerk and Recorder, said County; thence along the boundary of said plat the following 53 courses and distances; South 73°10'00" East 888.37 feet; thence South 16°50'00" West 153.46 feet; thence South 46°50'08" East 749.22 feet; thence North 55°46'07" East 97.84 feet; thence South 46°59'23" East 1326.17 feet; thence North 83°33'14" East 694.12 feet; thence North 32°48'49" East 257.46 feet to a point on a curve concave to the Northeast having a central angle of 21°56'45" and a radius of 993.66 feet; a radial line passing through said point bears South 31°07'32" West; thence Southeasterly along the arc of said curve 380.60 feet to the end of said curve; thence tangent from said curve South 80°49'12" East 169.63 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 26° 11'26" and a radius of 1221.67 feet; thence Southeasterly along the arc of said curve 558.44 feet to the end of said curve; thence tangent from said curve South 54°37'46" East 70.54 feet; thence North 35°22'14" East 150.48 feet; thence North 85°40'29" East 507.75 feet; thence South 87°32'47" Bast 399.71 feet; thence South 78°20'53" East 391.38 fret; thence North 13°54'57" West 1387.81 feet; thence South 88°16'34" East 170.52 feet; thence South 37°13'43" East 1250.00 feet; thence South 62°09'58" East 450.00 feet; thence South 79°40'14" East 400.00 feet; thence South 75°25'39" Bast 450.00 feet; thence North 89°41'05" Bast 398.67 feet; thence North 00°22'03" East 470.01 feet; thence South 89°41'05" West 50.00 feet; thence North 00°22'04" East 495.00 feet; thence North 89°37'55" West 91.83 feet; thence North 42°24'27" West 646.46 feet; thence North 72°26'31" West 54.60 feet; thence North 17°17'09" West 207.35 feet; thence North 00°16'43" East 348.60 feet; thence North 12°04'51" West 380.71 feet; thence North 06°35'57" West 425.17 feet; thence North 41°32'24" West 327.37 feet; thence North 31°19'19" West 302.66 feet; thence North 23°33'38" West 293.98 feet; thence North 20°5625" West 650.00 feet; thence North 34°55'56" West 423.91 feet; thence North 52°36'54" West 357.78 feet to a point on the South right-of-way line of Beebe Draw Farms Parkway; thence along said South right-of-way line the following three courses and distances; South 37°23'06" West 155.00 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 28°09'58" and a radius of 1141.35 feet; thence Southwesterly along the arc of said curve 561.08 feet to the end of said curve; thence tangent from said curve South 65°33'04" West 266.94 feet; thence North 24°26'46" West 100.00 feet; thence North 46°08'35 West 1117.27 fret; thence South 74°02'57" West 850.00 feet to a point on a curve concave to the Southwest having a central angle of 21°01'08" and a radius of 986.23 feet; a radial line passing though said point bears North 62°51'38" East; thence Northwesterly along the arc of said curve 361.80 feet to the end of said curve; thence tangent from said curve North 48°09'30" West 225.00 feet; thence South 41°50'30" West 235.00 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 20°43'40" and a radius of 225.00 feet; thence Southwesterly along the arc of said curve 81.40 fret to the end of said curve; a radial line passing through said end of curve bears North 68°53'10" West; thence departing said curve North 68°53'10" West 1 • • 450.00 feet; thence South 38°50'00" West 331.13 feet; thence North 72°28'11" West 508.22 feet; thence South 86°32'30" West 1532.88 feet; thence South 89°50'25" West 200.00 feet to a point on the West line of said Section 8; thence departing said corrected first filing plat of Beebe Draw Frames and Equestrian Center and along said West line of said Section 8 North 00°09'35" West 206.16 feet to the Northwest Corner of said Section 8; thence along the West line of the Southwest Quarter of said Section 5 North 00°25'20" West 2654.03 feet to the West Quarter Corner of said Section 5; thence along the West line of the Northwest Quarter of said Section 5 North 00°24'27" West 1327.22 feet to the Southwest Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of the North Half of the Northwest Quarter of said Section 5 North 89°44'21" East 2631.31 feet to the Southeast Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of the Northwest Quarter of the Northeast Quarter from said Section 5 North 89°44'21" East 1331.58 feet to the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the East line of the Northwest Quarter of the Northeast Quarter of said Section 5 North 00°38'58" West 1325.38 feat to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the North line of the Northeast Quarter of said Section 5 North 89°39'41" East 1333.17 feet to the Northeast Corner of said Section 5; thence along the North line of the Northwest. Quarter of said Section 4 North 89°45'43" Bast 2638.09 feet to the North Quarter Corner of said Section 4; thence along the North line of the Northeast Quarter of said Section 4 North 89°24'30" East 805.01 feet; thence departing said North line South 40°03'54" East 9.61 feet; thence South 10°09'16" West 45.49 feet; thence South 27°01'56" West 281.98 feet; thence South 35°02'52" West 129.95 feet; thence South 46°24'35" West 113.95 feet; thence South 67°56'11" West 114.41 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 43°14'52" and a radius of 210.00 feet; thence Southwesterly along the arc of said curve 158.51 feet to the end of said curve; thence tangent from said curve South 24°41'19" West 39.72 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 68°10'08" and a radius of 217.23 fed; thence Southeasterly along the arc of said curve 258.45 feet to the end of said curve; thence tangent from said curve South 43°28'49" East 159.97 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 48°38'11" and a radius of 81.88 feet; thence Southwesterly along the arc of said curve 69.51 feet to the end of said curve; thence tangent from said curve South 05°09'21" West 19.20 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 25°54°10" end a radius of 260.90 feet; thence Southwesterly along the arc of said curve 117.95 feet to the end of said curve; thence tangent from said curve South 31°03'31" West 130.58 feet; thence South 09°40'49" West 95.26 feet; thence South 03°11'34" Bast 116.07 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 36°30'36" East and a radius of 180.24 feet; thence Southeasterly along the arc of said curve 114.85 feet to the end of said curve; thence tangent from said curve South 39°42'10" East 116.57 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 45°22'31" East and a radius of 114.82 feet; thence Southeasterly along the arc of said curve 90.93 feet to the end of said curve; thence tangent from said curve South 85°04'41" Bast 170.71 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 68°29'30" and a radius of 126.33 feet; thence Southeasterly along the arc of said curve 151.02 feet to the end of said curve; thence tangent from said curve South 16°35'11" East 120.95 feet to the beginning of a tangent curve concave to the West having a central angle of 25°35'07" and a radius of 440.41 feet; thence Southwesterly along the arc of said curve 196.66 feet to the end of said curve; thence tangent from said curve South 08°59'57" West 101.24 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 59°32'10" and a radius of 242.34 feet; thence Southeasterly along the arc of said curve 251.82 feet to the end of said curve; thence tangent from said curve South 50°32'12" East 97.62 feet; thence North 89°31'48" Bast 283.17 feet; thence South 31°18'26" East 113.96 feet; thence South 58°32'01" West 57.39 feet; thence South 31°27'59" Bast 522.19 feet; thence South 10°25'00" East 99.33 feet; thence South 33°44'57" East 157.31 feet; thence South 51°33'07" West 95.52 feet; thence South 2 00°2323" East 177.92 feet; thence South 10°18'08" East 78.26 feet; thence South 30°46'04" East 152.46 feet; thence South 47°55'59" East 265.05 feet; thence South 37°58'27" West 164.42 feet; thence South 06°08'57" West 239.20 feet; thence South 33°32'01" East 129.62 feet; thence South 74°20'38" Bast 21849 feet; thence South 21°05'43" East 136.12 feet; thence South 05°34'34" East 216.02 feet; thence South 40°38'47" Bast 130.48 feet; thence South 06°37'24" West 112.76 feet; thence South 13°34'05" East 59.67 feet; thence South 35°26'15" East 136.24 feet; thence South 49°59'28" East 73.11 feat; thence South 72°02'53" East 149.26 feet; thence South 28°24'37" East 133.73 feet; thence South 40°21'43" East 122.55 feet; thence South 31°08'11" East 168.24 feet; thence South 35°26'36" East 144.84 feet; thence South 52°48'46" East 145.60 feet; thence South 53°35'11" East 274.60 feet; thence South 01°31'42" West 75.03 feet; thence South 30°0325" West 263.26 feet; thence South 06°03'06" East 282.44 feet; thence South 25°15'38" East 337.55 feet thence South 23°51'00" East 264.59 feet; thence South 29°30'32" East 174.35 feet; thence South 37°11'17" East 96.99 feet; thence South 52°03'02" East 69.68 feet; thence South 55°31'03" Bast 148.65 feet; thence South 16°11'28" Bast 138.93 feet; thence South 42°52'22" Bast 177.69 feet; thence South 25°09'33" East 155.19 feet; thence South 24°47'22" East 180.62 feet; thence South 36°43'50" East 146.03 feet; thence South 25°08'32" West 111.15 feet; thence South 02°01'46" East 227.19 feet; thence South 20°03'30" East 193.90 feet; thence South 12°32'52" East 346.85 feet; thence South 10°2225" West 264.13 feet; thence South 05°07'51" West 157.19 feet; thence South 32°32'42" West 220.12 feet; thence South 19°19'50" West 268.66 feet; thence South 38°04'09" West 284.92 feet; thence South 79°43'19" West 714.61 feet; thence South 24°5221" West 224.67 feet; thence South 07°13'48" East 37.52 feet to a point on the South line of said Section 10; thence along said South line South 89°28'30" West 283.01 feet to the Northeast Corner of said Section 9; thence along the South line of said Section 9 South 89°41'18" West 5121.15 feet to the Northeast Corner of said Section 17; thence along the East line of said Section 17 South 00°3021" East 5282.59 feat to the Southeast Corner of said Section 17; thence along the South line of said Section 17 South 89°33'05" West 5327.95 feet to the Southwest Corner of said Section 17; thence along the West line of said Section 17 North 00°29'44" West 5259.39 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM the following two (2) parcels: Parcel 1 - School Site Legal Description of a parcel of land being a portion of the Northwest Quarter of Section 4 and the Northeast Quarter of Section 5, Township 3 North, Range 65 West of the 6i° P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of said Section 4 and considering the North line of the Northwest Quarter of said Section 4 as bearing North 89°45'43" East and with all bearings contained herein relative thereto; thence along said North line North 89°45'43" East 844.05 feet; thence departing said North line South 00°19'37" West 30.00 feet to the TRUE POINT OF BEGINNING; thence South 00°19'37" West 674.51 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 10°04'02" and a radius of 435.00 feet; thence Southwesterly along the arc of said curve 76.43 feet to the end of said curve, a radial line passing through said end of curve bears South 79°36'20" East; thence departing said curve South 89°45'34" West 2157.24 feet to a point on the East line of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along said Bast line North 00°38'58" West 748.22 feet; thence departing said Bast line North 89°39'41" Bast 1332.98 feet; thence North 89°45'43" Bast 843.75 feet to the TRUE POINT OF BEGINNING. 3 Parcel 2 - Fire Station Site Legal Description of a parcel of land being a portion of the Northwest Quarter of Section 4, Township 3 North, Range 65 West of the 6'" P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of said Section 4 and considering the North line of the Northwest Quarter of said Section 4 as• bearing North 89°45'43" East and with all bearings contained herein relative thereto; thence along said North line North 89°45'43" East 924.06 feet; thence departing said North line South 00°19'37" West 30.00 feet to the TRUE POINT OF BEGINNING; thence North 89°45'43" East 400.02 feet; thence South 00°19'37" West 404.39 feet; thence North 89°4023" West 400.00 feet; thence North 00°19'37" Bast 400.44 feet to the TRUE POINT OF BEGINNING. Containing 2,266.118 acres, more or less, and is subject to all easements, agreements and rights -of -way of record. 4 • • OCTOBER 20, 2008 DISTRICT NO. 1 BOARD MEETING # 9. MINUTES OF MEETING RECORD OF PROCEEDINGS MINUTES OF THE SPECIAL MEETING OF BEEBE DRAW FARMS METROPOLITAN DISTRICT NO.2 HELD OCTOBER 20, 2008 The Board of Directors ("Board") of the Beebe Draw Farms Metropolitan District No. 2 ("District") held a Special Board Meeting open to the public at 16502 Beebe Draw Farms Parkway, Platteville, Colorado, at 5:00 p.m. on October 20, 2008. ATTENDANCE Directors in Attendance Were: Christine Hethcock Thomas A. Burk Kim DeLancey Steve Steele Director Absent Was: Daniel R Sheldon, whose absence was excused Also in Attendance: Paul Cockrel of Collins Cockrel & Cole Sharon Mau of Collins Cockrel & Cole Kathryn Garner of Collins Cockrel & Cole Mary Ann McGeady of McGeady Sisneros Kristen Bowers of McGeady Sisneros Whit Sibley of Sibley and Associates Property owners and residents of Beebe Draw Farms Metropolitan District No. 1 ('District No. 1" and together with the District, the "Districts") as set forth on the attached list NOTICE {00139424DOCn It was noted that notice of the meeting of the Board had been posted at least three days prior to such meeting in three public locations within the Districts' boundaries, and the notice was filed with the Weld County Clerk and Recorder for posting on the bulletin board. The notice also included the agenda items. 1 RECORD OF PROCEEDINGS CONFLICTS OF INTEREST Directors Hethcock, DeLancey, Steele and Sheldon have filed Disclosure of Potential Conflict of Interest Statements with the Board and the Secretary of State in accordance with statutory requirements pertaining to their respective relationships with REI Limited Liability Company ("REI"), PLR, LLC and/or Gibraltar Companies, LLC. Such Statements are attached hereto and incorporated herein by this reference. All disclosure of potential conflicts of interest statements previously filed are deemed continuing for all purposes and are incorporated into the minutes of the meeting. It was noted that Director Burk does not have a conflict of interest. CONSENT TO APPROVAL OF REI PETITION FOR EXCLUSION TO DISTRICT No.1 Mr. Cockrel reported that REI submitted a Petition for Exclusion ("Petition") for its unplatted property in District No.1. Pursuant to the provisions of the Intergovernmental Agreement between the District and District No. 1("IGA"), the District's approval is required for any inclusion or exclusion of real property. Mr. Cockrel distributed a form of Resolution of Approval of such exclusion, which approval would be subject to the amendment of the IGA. Mr. Cockrel next explained that the subject REI property overlaps the territory of the District, and all of the subject REI property is already in District No. 2. After discussion and upon motion duly made, seconded and carried, the Board adopted the Resolution Approving the Exclusion of Real Property from District No.1, a copy of which is attached hereto and incorporated herein by this reference. Director Hethcock abstained from participation in the discussion and voting on this matter. Mr. Cockrel next reported that if the District No. 1 Board of Directors approves the exclusion, he will recommend various amendments to the ICA. Among others, the District would be joining with District No. 1 in a Petition for Exclusion of the properties controlled and owned by the Districts located in District (001asua.uocn 2 ►001avauo0C/} RECORD OF PROCEEDINGS No. 1, all of which is contingent upon District No. 1's approval of REI's Petition. All of these properties are already in the District. 2009 BUDGET Mr. Cockrel stated that final determination of the Districts' dual structure under the Amended IOA is necessary prior to Board adoption of the 2009 Budget, and recommended that a budget hearing be scheduled for the end of November or early December. ,ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned . Secretary for the Meeting APPROVED Christine Hetficock Thomas A. Burk Daniel R. Sheldon 3 Hello