The URL can be used to link to this page

Browse Search

Home My WebLink About20073276.tiff • Exhibit E is a CD containing duplicates of Change of Zone digital files • Please see original in file • 07007 327 • LONGS PEAK WATER DISTRICT SUBDIVISION SERVICE AGREEMENT FOR WATERFRONT AT FOSTER LAKE 1. PARTIES.The parties to this Agreement are the LONGS PEAK WATER DISTRICT("District"), and MIDWEST HERITAGE INN OF VISALIA,INC.,a North Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC.,a North Dakota corporation(collectively, "Owner"). The District and the Owner are hereinafter referred to collectively as the Parties. 2. RECITALS AND PURPOSE. The Owner is the owner of certain property which it desires to develop and which is referred to as Waterfront at Foster Lake ("Subdivision").The Subdivision is within the District's service area and is described on attached EItBIT A.The District is a special district organized under Colorado law which provides domestic and irrigation water service to its customers for which monthly service charges are made. The Owner desires that the District commit to provide water service within the boundaries of the Subdivision for approximately 1804 residential lot equivalent taps("RLE's")in addition to domestic water service to an undefined commercial development area of approximately 100,000 square feet.The Owner shall comply with all of the District's Bylaws,Policies and Regulations as they may now or • hereafter exist. In order for the District to provide domestic and/or irrigation water service, certain improvements to the District's system(s)must be made.The Owner may install certain Off-Site potable water infrastructure to accommodate the total number of residential units in the Subdivision;will install or participate in(via rebate or reimbursement agreements described in EXHIBIT B)certain other Off-Site potable water infrastructure to accommodate the total number of RLE's in the Subdivision;install all required On-Site potable water infrastructure to support the total demands and requirements of the Subdivision;and install On-Site and Off Site Brown Water Irrigation System infrastructure("Irrigation System")to accommodate the total number of RLE's in the Subdivision. Ownership of the On-Site and Off-Site potable water infrastructure improvements constructed on behalf of Owner will be transferred to the District upon completion,approval of and acceptance by the District. The District shall own and operate the Irrigation System,and ownership of all On-Site and Off-Site Irrigation System infrastructure constructed by the Constructing Party(as hereinafter defined)will be transferred to the District upon completion, approval of and acceptance by the District. District policies regarding ownership and operation of Irrigation Systems will be forthcoming.If the Owner complies with this Agreement,then the District agrees to provide potable water service for all requested taps under the terms and conditions set forth in this Agreement, and in accordance with the District Bylaws,Policies and Regulations. In addition,if the Owner complies with this Agreement,then the District agrees to provide irrigation water service for all requested taps under the terms and conditions set forth in this Agreement, and in accordance with the District Bylaws, • Page 1 of 11 EXHIBIT p Pi #//24 • Policies and Regulations,including forthcoming policies regarding Irrigation Systems. The purpose of this Agreement is to set forth the terms and conditions concerning the District's supplying such Water Service to the Subdivision.Accordingly,the Parties agree to the following provisions in consideration of the terms,conditions,and mutual covenants set forth herein. NOW,THEREFORE,THE PARTIES AGREE: • 3. CONSTRUCTION. 3.1 Subject to the terms and conditions set forth herein,the Owner, a metropolitan or similar special district formed by Owner and on behalf of Owner (the"Owner's District")or a third party who hereinafter acquires any portion of the Property(any of the foregoing are referred to as the"Constructing Party") shall install the On-Site and Off Site infrastructure improvements for both the potable water system and for the Irrigation System("Installations")pursuant to the plans and specifications approved by the District as stated in Paragraph 3.2 of this Agreement. The obligations and benefits to this Agreement shall run with the land described in EXHIBIT A. 3.2. The Constructing Party shall submit plans and specifications for the Installations to the District for approval,which approval shall not be • unreasonably withheld, conditioned or delayed.Upon receipt of the plans and specifications for the Installations,the District shall have a reasonable time (approximately 30 days)to review the plans and specifications for approval or rejection. If written notice of approval is not given to the Constructing Party within such time period,the plans and specifications shall be deemed rejected; provided,however,if the District rejects such plans and specifications,the District agrees to provide to the Constructing Party the reasons for such rejection. The Constructing Party shall have the right to resubmit amended plans to the District for review.The District may impose reasonable standards for the protection of the District. This review process shall continue until the plans and specifications are approved by the District(collectively,the"Approved Plans")or until terminated by the Owner.Upon this approval,and subject to the conditions set forth in Paragraph 8 below,the Owner and District shall execute a Line Extension,Participation and Rebate Agreement,a Tap Purchase Agreement,and other such agreements(all of the above,reasonably acceptable to Owner and the District)so as to accommodate water service to the Subdivision. The Constructing Party shall make no modifications to the Approved Plans without the prior written approval of the District,which approval shall not be unreasonably withheld, conditioned or delayed. 3.3 The Constructing Party shall notify the District at least three(3)business days preceding the date of commencing work involved on the Installations,or Page 2 of 11 • replacement of the Installations,permitted hereunder. The District may inspect the Installations or replacements during the construction thereof,as it deems necessary to protect its interests. The right of the District to inspect the Installations or replacements shall be solely for the benefit of the District and shall not be deemed to be a waiver by the District to enforce the obligation of the Constructing Party to construct the Installations in accordance with the plans and shall not be deemed to estop the District for the Constructing Party's failure to install or properly design its Installations. 3.4 The Constructing Party agrees that the construction permitted hereunder shall proceed with reasonable diligence from the initiation of such construction to its completion.The construction by the Constructing Party may be completed in two or more phases or filings as elected by the Owner and as maybe approved by the District,which approval shall not be unreasonably withheld. The Installations shall be constructed in such a manner so as not to interfere with the operations of existing facilities owned by the District without the prior permission of, notification to and coordination with the District. 3.5 Upon completion of the Installations,the Constructing Party shall notify the District.The District shall accept or reject Installations except that the District chall not be required to accept or reject until and unless all fees billed have been paid pursuant to Paragraph 6 below,and until all required easements for such Installations have been dedicated.The District shall not unreasonably withhold • acceptance. The District chall be entitled to test the Installations in accordance with District standards, specifications and directives.Acceptance or rejection shall be in writing. If the Installations are rejected, the District shall specify the reasons for rejection,and the Constructing Party shall correct same,and the above process shall be repeated. Any and all fencing and other facilities appurtenant to the District's existing facilities shall be replaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction. 3.6 The District's review and approval of the plans and specifications for the Installations is solely for its benefit and creates no benefit or right in any other party.The District's review and approval of the plans and specifications shall not relieve the Constructing Party or its agents or employees from its duty to properly design and construct the Installations. 3.7 The Constructing Party shall install permanent markers or indicators showing the location of the Installations for the purpose of locating the Installations as required by the Utility Notifications Center of Colorado ("UNCC").These markers shall be installed in accordance with the standards, specifications and directives of the District.Additionally,a trace wire shall be installed along the entire length of the Installations, and shall be installed in accordance with the District's standards and specifications. • Page 3 of 11 • 3.8 The Constructing Party shall be responsible,at its own expense, for obtaining any local,state or federal permits or approvals necessary for constructing the Installations. It is the Constructing Party's obligation to investigate and determine the need for any such permits or approvals. The Constructing Party is responsible,at its own expense, for obtaining all local, state and federal permits or approvals and for compliance with all local,state and federal laws and regulations applicable to the construction of the Installations, including but not limited to land use and environmental laws and regulations,and specifically including the Endangered Species Act,prior to beginning construction. The Constructing Party shall indemnify the District for any and all costs,damages,fines and fees,including reasonable attorneys' fees incurred by the District as a result of the Constructing Party's failure to obtain such required permits or approvals or failure to comply with all applicable laws and regulations. 4. INSPECTION. 4.1 The District is permitted to inspect the Installations,or replacement and repairs of the Installations during construction.Upon completion of the construction,the District may inspect the Installations. 4.2 The District's right to inspect the Installations or replacement of the • Installations in no way relieves the Constructing Party of its liability for improper design,construction or maintenance. The District's inspection is solely for the benefit of the District and creates no obligation to the District Upon completion of the construction of the Installations in any phase or filing,the Constructing Party shall provide the District with a complete set of"As Built"plans,and a set of reproducible mylar"As Built"plans,together with a certification from the District certifying that such Installations were constructed in accordance with the Approved Plans. In addition,the Constructing Party shall furnish the District with a set of"As Built"drawings on CD in an AutoCAD format consistent with the version currently being used by the District 5. OWNERSHIP AND GUARANTEE. 5.1 The Constructing Party(if other than the Owner's District) shall convey the Installations in any phase or filing to the Owner's District who shall then convey such Installations to the District by means of a"Bill of Sale Agreement" at such time as construction is complete and deemed acceptable by the District. If the Constructing Party is the Owner's District,it shall convey the Installations to the District by means of a"Bill of Sale Agreement" at such time as construction is complete and deemed acceptable by the District.This submittal of conveyance documents by the Owners' District shall take place prior to the formal acceptance by the District • Page 4 of 11 5.2 The Constructing Party,its successors or assigns,shall be responsible for the repair of,or any replacement of,the Installations until such time as the Installations are conveyed to the District.Until the Installations are conveyed to the District,the Constructing Party shall provide the District with three(3) days advance notice of its intent to replace any portion of the Installations. The District shall be entitled to inspect and approve such replacement(s). 5.3 After the Installations are conveyed to the District,the District shall be responsible for the maintenance,repair and replacement of the Installations. The Constructing Party shall guarantee the Installations as installed against faulty workmanship and materials to the District for a period of one year after formal acceptance by the District(the"Guarantee Period")and shall,during the Guarantee Period,pay all costs and expense of repair or replacement of the Installations.At the District's request,the Constructing Party shall furnish the District with a bond guaranteeing said repair or replacement. 6. REIMBURSEMENT OF EXPENSES. 6.1 The Constructing Party agrees to reimburse the District for all reasonable inspection, engineering,legal costs,and dnf nistrative fees incurred by the District in preparing,approving and enforcing all aspects of this Agreement,the • costs associated with billing and collecting these amounts for the District and the costs of inspection as described in Paragraph 4. 6.2 Statements for costs chargeable to the Constructing Party hereunder will be forwarded to the Owner and the same chall be paid to the District within 30 days after the billing date. If payment has not been received by the District within 30 days, Owner shall have breathed this Agreement and District may institute legal proceedings to collect the amount due and owing. In such prop—Ming,the District shall be entitled to its costs and reasonable attorney's fees from the Owner. 7. EASEMENTS. 7.1 The Owner is responsible for obtaining and ensuring dedication to the District all required easements to support the Installations in accordance with the standards,specifications and reasonable directives of the District. Any use of such easements by any third party for waterlines and/or appurtenances prior to the Constructing Party's completion of the Installations will require that such third party pay reimbursement fees to the District,which will be paid to the Owner pursuant to the terms of a mutually acceptable Line Extension, Participation and Reimbursement Agreement to be entered into between the District and the Owner. The Owner shall submit easement locations to the District for its approval,which 1111 Page 5 of 11 • approval shall not be unreasonably withheld,conditioned or delayed. Upon receipt of the easement locations,the District shall have reasonable time (approximately 30 days)to review the easement locations for approval or rejection. If written notice of approval is not given to the Owner within such time period,the easement locations shall be deemed to be rejected;provided,however, if the District rejects such easement locations,the District agrees to provide to the Owner the reasons for such rejection.The Owner shall have the right to resubmit amended easement locations for review.The District may impose reasonable standards for protection of the District This review process shall continue until the easement locations are approved by the District or until terminated by the Owner.Upon approval,the District and each property owner granting an easement("Grantor") shall execute a separate agreement;the easement locations shall be attached and incorporated into said agreement as a graphic exhibit and a legal description. Owner shall make no modifications to the approved easement locations without the prior written approval of the District,which approval shall not be unreasonably withheld,conditioned or delayed. 8. CONDITIONS. 8.1 The Owner understands and acknowledges that the District obtains its treated water through a master meter agreement with the Little Thompson Water District("Little Thompson"). Therefore,the District's ability to perform the terms • of this Agreement is conditioned on the District being able to obtain sufficient treated water capacity from Little Thompson to support the number of RLE's contemplated by this Agreement.The Owner also understands and acknowledges that capacity for both treatment and delivery must be purchased by the Owner and the charges/fees for those items are,in part,determined by Little Thompson. Any charges/fees imposed on the District by Little Thompson will be passed through to the Owner.The Owner agrees that it will pay all such additional charges/fees. 8.2 Notwithstanding anything to the contrary contained herein,the Owner's obligations under this Agreement are expressly conditioned upon the Owner's obtaining the nrieQgary entitlements for the property(including,without limitation,one(1)or more final plats for the Subdivision(each,a"Final Plat")), satisfactory to the Owner in its sole discretion to allow for the Owner's planned residential development of the property. In the event the condition precedent above is not timely satisfied,then this Agreement shall be deemed void ab initio and the parties shall have no further obligations hereunder. 8.3 Notwithstanding any provision herein to the contrary,the District's obligation to provide potable water for the number of RLE's stated in paragraph 2, above,is expressly contingent upon each of the following events: 8.3.1 The construction of the Liberty Gulch Line from the Little • Page 6 of 11 • Thompson Water District's existing 24"transmission line in Sec.6, Township 3N,Range 68W to the proposed development located south of Colorado Hwy 66 lying in Sec.27&34,Township 3N,Range 68W. The parties mutually acknowledge and agree that at the time of execution of this Agreement,it is anticipated that the Liberty Gulch Line will be constructed and installed by a third party pursuant to a line reimbursement agreement and other agreements with the District and Centex Homes ("Centex")dated June 12,2006(the"LERP"). However,the District ma no warranties or guaranty as to the construction of such line,or the timeliness of such construction. 8.3.2 The construction by the Constructing Party,and approval and acceptance by the District,of an Irrigation System to provide landscape irrigation within the Subdivision utilizing pressurized non-treated brown water utilizing the water transferred to the District pursuant to paragraph 8.4,below. The parties expressly acknowledge and agree that the number of RLE's stated in paragraph 2,above,is dependent upon the construction, implementation,and utilization of such a brown water irrigation system to reduce the amount of potable water required for the subdivision. 8.3.3 If either of the conditions stated in this paragraph 8.3 are not fulfilled on or before the date that Liberty Gulch Line is needed by the • Owner, and if such non-fulfillment is due to the failure to complete or abandonment of,or withdrawal from,the Liberty Gulch Construction Line by. Centex(or its successors or assigns),or if such line construction has not been commenced for any reason, the Parties agree that the Owner shall have the right, at its sole election,to either(a)assume the obligations of Centex under the LERP and,with prior notice and consent of the District, complete the Liberty Gulch Line or(b)pay to the District, funds sufficient to complete the Liberty Gulch Line pursuant to the terms of the LERP;or(c)terminate this Agreement without penalty to either party, and,in such event,each party waives any claim or demand for any and all damages that either may sustain arising from the failure of such contingencies. 8.4 The Owner agrees to transfer a sufficient number of units of Colorado-Big Thompson Project Water to the District to meet the District's requirements for the potable water system in accordance with the terms of the agreements set forth on Exhibit B. In addition,the Owner agrees to transfer sufficient water rights to the District to meet the District's requirements for the Irrigation System in accordance with the terms of the agreements set forth on Exhibit B. 9. TERM. This Agreement shall be perpetual unless modified by mutual written consent of the parties. • Page7of 11 • 10. LIABILITIES AND INDEMNIFICATION. 10.1 The Constructing Party agrees to indemnify and hold the District harmless from all claims and liability for damage or injury to property or persons arising from or caused directly or indirectly by the Constructing Party's construction of the Installations. 10.2 The Constructing Party shall be responsible for calling UNCC for locates before construction and repair work is done and shall hold the District harmless for any damages and/or penalties for failing to do so. 10.3 The Constructing Party warrants it will do nothing to adversely affect the existing facilities owned by the District.In the event the Constructing Party breaches this warranty,the Owner shall take all actions necessary to repair the existing facilities to their existing or better condition,as determined by the District.The Constructing Party shall indemnify and hold the District harmless for all costs,damages,fines and fees,including reasonable attorney's fees,which are incurred by the District as a result of any adverse changes to existing facilities owned by the District which result in the water failing to meet water quality laws or regulations. • 11. RECORDATION. Upon recordation of a Final Plat for the first(1st)phase or filing in the Subdivision,this Agreement shall be recorded at the cost of the Owner and shall be binding on any successors of the Parties. The obligations and benefits of this Agreement shall specifically run with the land described in EXHIBIT A.The plans and specifications for the Installations may not be recorded because of their size. 12. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is intended to be given at the address set forth below,or at such other address as has been previously furnished in writing to the other Party. Such notice shall be deemed to have been given when deposited in the U.S.Mail. DISTRICT: COPY TO: Longs Peak Water District Bernard,Lyons,Gaddis&Kahn,P.C. 9875 Vermillion Road Box 978 Longmont,CO 80504 P.O. Longmont,CO 80502-0978 Attn:Barry Dykes,General Manager Attn:Richard Lyons Telephone: (303)776-3847 Telephone: (303)776-9900 Facsimile: (303)776-0198 Facsimile: (303)413-1003 OWNER: COPY TO: • Page 8 of 11 • Midwest Heritage Inn of Visalia,Inc. Faegre and Benson LLP Midwest Heritage Inn of Deptford,Inc. 1900 Fifteenth Street do HF Holdings,LLC Boulder,CO 80302 4 Inverness Court East#300 Attn:David L.Kuosman Englewood,CO 80112 Telephone: (303)447-7700 Attention:Darwin Horan Facsimile: (303)447-7800 Telephone: (303) 346-7006 Facsimile: (303) 865-7006 13. WAIVER OF BREACH. The waiver by any Party to this Agreement or a breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach by any Party. 14. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated into this Agreement for all purposes. 15. ATTORNEYS' FEES. If either Party breaches this Agreement, the non- prevailing Party shall pay all of the prevailing Party's reasonable attorneys' fees and costs in enforcing this Agreement through litigation,arbitration or mediation. 16. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement,the Parties shall use their best efforts to settle • such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one Party notifies the other Party in writing of its desire to attempt to resolve such dispute or claim through negotiations,then the Parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the Parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either Party's written request therefor. If such dispute or claim is not settled through mediation, then either Party may initiate a civil action in the District Court for Weld County. 17. BINDING EFFECT. This Agreement shall inure to the benefit o>, and be binding upon,the Parties,and their respective legal representatives, successors and assigns. 18. ASSIGNMENT. This Agreement is assignable in whole or in part, provided written notice is given to the other Party of the assignment. The District must approve any assignments from Owner to a third party that does not have an ownership interest in the property described in EXHIBIT A. • Page 9 of 11 • Dated this day of ,2007. LONG PEAK WATER DISTRICT MIDWE AGE INN OF VIS , ., North Dakota corpotatio By: By: President D ,Manager of HF H DINGS,LLC,a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson,President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation ATTEST: MIDWE o t a AGE INN OF DEPT °* ' 1 t ak a North Dakota corpo • rr i By: Secretary D ' rat , :_er of HF • HO P. i GS,LLC,a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson,President of Midwest Heritage Inn of Deptford,Inc.,a North Dakota corporation • Page 10 of 11 • STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of ,2007 by as President and by ,as Secretary,of Longs Peak Water District My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) ss. COUNTY OF ) • The foregoing instrument was acknowledged before me by Darwin Horan, Manager of Imo' HOLDINGS, LLC, a Colorado limited liability company, Attorney-in- Fact for Gary Tharaldson, President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest Heritage Inn of Deptford, Inc., a North Dakota corporation,this day of 1204401. ,2007. My commission expires: November 90. 2009 Witness my hand and official seal. diselto aretig Notary Public GRE1CHENHALE Noby P tc sNSofColorado • Page 11 of 11 • EXHIBIT A Legal Description A TRACT OF LAND LOCATED IN SOUTH HALF OF SECTION 27 AND THE NORTH HALF OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 BEARS NORTH 89°07'33" EAST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION, THENCE NORTH 89°35'53"" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°22'25" WEST, A DISTANCE OF 2654.13 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST, A DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 163 AT PAGE 485 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING EIGHT COURSES: 1) THENCE SOUTH 06°51'09" WEST, A DISTANCE OF 266.98 FEET; 2) THENCE SOUTH 30°38'53" EAST, A DISTANCE OF 445.00 FEET; 3) THENCE SOUTH 42°21'07" WEST, A DISTANCE OF 219.00 FEET; 4) THENCE SOUTH 23°06'07" • WEST, A DISTANCE OF 660.00 FEET; 5) THENCE SOUTH 24°53'53" EAST, A DISTANCE OF 700.00 FEET; 6) THENCE NORTH 88°51'07" EAST, A DISTANCE OF 454.00 FEET; 7) THENCE SOUTH 60°53'53" EAST, A DISTANCE OF 385.00 FEET; 8) THENCE NORTH 86°21'07" EAST, A DISTANCE OF 178.52 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 75°00'00" EAST, A DISTANCE OF 155.32 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE SOUTH 00°24'02" WEST, A DISTANCE OF 89.26 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2009954 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 11 COURSES: 1) THENCE SOUTH 85°38'17" EAST, A DISTANCE OF 582.71 FEET; 2) THENCE NORTH 65°31'22" EAST, A DISTANCE OF 315.60 FEET; 3) THENCE NORTH 52°04'24" EAST, A DISTANCE OF 339.15 FEET; 4) THENCE NORTH 50°39'42" EAST, A DISTANCE OF 213.85 FEET; 5) THENCE NORTH 21°19'16" EAST, A DISTANCE OF 257.83 FEET; 6) THENCE NORTH 00°31'12" WEST, A DISTANCE OF 298.26 FEET; 7) THENCE NORTH 14°21'24" WEST, A DISTANCE OF 244.37 FEET; 8) THENCE NORTH 12°34'51" WEST, A DISTANCE OF 588.61 FEET; 9) THENCE NORTH 43°15'27" EAST, A DISTANCE OF 134.45 FEET; 10) THENCE NORTH 51°34'02" EAST, A DISTANCE OF 332.64 FEET; 11) THENCE NORTH 41°59'02" EAST, A DISTANCE OF 419.65 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST, A DISTANCE OF 472.67 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 605, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00°06'27" WEST, A DISTANCE OF 2577.68 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 605A, AUGUST 8, 2006 ACCORDING TO THE • • WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 85°59'05" WEST, A DISTANCE OF 456.95 FEET; 2) THENCE SOUTH 89°07'10" WEST, A DISTANCE OF 214.69 FEET; 3) THENCE.SOUTH 00°52'50" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 28; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°07'10" EAST, A DISTANCE OF 670.00 FEET; THENCE SOUTH 00°06'27" WEST, A DISTANCE OF 22.20 FEET; THENCE SOUTH 00°57'01" EAST, A DISTANCE OF 27.81 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 28; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°07'10" WEST, A DISTANCE OF 455.00 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603A, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINE SOUTH 00°56'56" EAST, A DISTANCE OP 25.00 FEET; THENCE SOUTH 85°51'25" EAST, A DISTANCE OF 456.80 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES: 1) THENCE SOUTH 00°57'0.1" EAST, A DISTANCE OF 2590.28 FEET; 2) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 267.75 FEET; 3) THENCE SOUTH 13°55'35" EAST, A DISTANCE OF 289.41 FEET; 4) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 1025.00 FEET; 5) THENCE SOUTH 07°07'44" EAST, A DISTANCE OF 325.05 FEET TO A POINT ON A LINE 250.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID LINE SOUTH 00°56'51" MAST, A DISTANCE OF .494.18 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2696322 OF THE WELD COUNTY RECORDS; THENCE ALONG THE NORTH AND WEST LINE OF SAID TRACT THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 89"03'18" WEST, A DISTANCE OF • 66.01 FEET; 2) THENCE NORTH 65°01'41" WEST, A DISTANCE OF 69.29 FEET; 3) THENCE SOUTH 00°04'10" WEST, A DISTANCE OF 339.78 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 2265474 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID LINE THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 89"47'50" WEST, A DISTANCE OF 567.78 FEET; 2) THENCE SOUTH 50°06'50" WEST, A DISTANCE OF 440.00 FEET; 3) THENCE SOUTH 73°04'17" WEST, A DISTANCE OF 1383.42 FEET TO THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1499 AT PAGE 596 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 23°14'50" WEST, A DISTANCE OF 55.32 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE NORTH 00°35'48" EAST, A DISTANCE OF 730.38 FEET TO THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 NORTH 89°54'46" WEST, A DISTANCE OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922 OF THE WELD COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID TRACT THE FOLLOWING TWO COURSES: 1) THENCE NORTH 28°18'59" WEST, A DISTANCE OF 737.00 FEET; 2) THENCE NORTH 01°04'15" WEST, A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89°07'20" EAST, A DISTANCE OF 817.26 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE EAST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH 00°34'36" WEST, A DISTANCE OF 1333.53 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER SOUTH 89°26'07" WEST, A DISTANCE OF 2540.06 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00°24'50" WEST, A DISTANCE OF 1311.48 FEET TO • • EXHIBIT B TO SUBDIVISION SERVICE AGREEMENT FOR WATERFRONT AT FOSTER LAKE 1. Line Extension,Reimbursement and Participation Agreement-Centex Homes 2. Main Line Extension Agreement-Centex Homes • 0 • THE TRUE POINT OF BEGINNING. EXCEPTING THERE FROM THE FOLLOWING DESCRIBED PARCEL OF LAND. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, WHENCE THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89°07'33" WEST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, SOUTH 00°35'07" EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH 89°07'33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE 30.00 SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34 NORTH 89°07'10" EAST, A DISTANCE OF 765.29 FEET; THENCE SOUTH 02°06'45" WEST, A DISTANCE OF 310.68 FEET; THENCE NORTH 87°52'58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 587.004 ACRES. • SUBDIVISION SERVICE AGREEMENT 1. PARTIES. The parties to this Subdivision Service Agreement(this"Agreement")are the ST. VRAIN SANITATION DISTRICT ("District") and MIDWEST HERITAGE INN OF VISALIA, INC., a North Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC., a North Dakota corporation(collectively, "Applicant"). 2. RECITALS AND PURPOSES, The Applicant owns, or is in the process of purchasing, certain real property,legally described in Exhibit A (the"Property"). Exhibit A is attached to this Agreement and incorporated herein by this reference. The District is a special district, which provides sanitary sewer service to its customers for which monthly service charges are made. The Applicant desires that the District provide sanitary sewer service("Service") within the boundaries of the Property. The District desires to supply Service. The purpose of this Agreement is to set forth the terms and conditions concerning the purchase of Service connections and the District's providing such Service to the Property. 3. SUBDIVISION OF THE PROPERTY. The Applicant intends to subdivide the Property. The Applicant has furnished the District with preliminary plans which describe the future total development of the Property so that prior to entering into this Agreement the District could study and consider the total development under this Agreement as it relates to future demands upon the District for service within the entire development and the effect this may have,presently and in the future, on the District's entire system and its obligations in regard thereto. At such time as the Applicant obtains a final subdivision plat(the"Final Plat",or collectively,the"Final Plats")for the • subdivision of the Property("Subdivision"),the Applicant agrees to furnish a reproducible copy of - the Final Plat to the District. Any change or alteration in the area, size, shape, density, usages, requirements, number of service connections or timing of development of a Subdivision that may affect the issuance of taps pursuant to this Agreement shall first require the advance written approval of the District. For purposes of this paragraph, the term "approval" shall only extend to the District's review of the Applicant's proposed sanitary sewer infrastructure and other utility- related issues within the Property, and such term shall not include any land-use issues. The District's approval shall not be unreasonably withheld,conditioned or delayed. 4. CONDITIONAL COMMITMENT TO SELL/PURCHASE SANITARY SEWER SERVICE 4.1 Subject to subsections (a) and (b)below, Applicant hereby applies for 1804 single- family residential and 41 non-residential equivalent sanitary service connections ("Connections") to the District's sanitary sewer system for service within the Property. Subject to the terms and conditions stated in this Agreement, the District hereby conditionally commits to sell, and the Applicant hereby conditionally commits to purchase, such total number of taps at the then-current plant investment fee per connection,and other applicable fees and charges pursuant to applicable District by-laws, rules and regulations, which may be in force from time to time (the "District's Rules and Regulations") for use solely within the boundaries of the Property,upon the terms and conditions set forth in this Agreement. • EXHIBIT tempmetdocI 1 4 to Erato • (a) Notwithstanding anything to the contrary contained herein, Applicant's obligations under this Residential Subdivision Service Agreement are expressly conditioned upon Applicant's obtaining the necessary entitlements for the Property (including, without limitation, the Final Plat), satisfactory to Applicant in its sole discretion to allow for Applicant's planned development of the Property. (b) In the event the condition precedent in (a) above is not timely satisfied, then this Residential Subdivision,Service Agreement shall be deemed void ab initio and the parties shall have no further obligations hereunder. 42 The Applicant acknowledges and agrees that the District's conditional commitment is subject to the availability of the Connections at the time the Applicant wishes to purchase such conditionally-committed Connections. Purchase of the conditionally-committed Connections may only be made by paying in full the total amount of the plant investment fee and other applicable fees and charges for each Connection purchased, up to the maximum number specified above. The District represents and warrants that as of the date of this Agreement, it has plant capacity and sufficient connections to serve 1804 single family and multi-family residences on the Property described on Exhibit A, and serve approximately ten (10) acres of commercial development on the Property described on Exhibit A. 4.3 The District makes no warranties, promises or representations that such conditionally-committed Connections will be available for purchase or reservation due to limitations on its treatment capacity as determined by its plant capacity, collection system - capacity,discharge permit, and any governmental regulations or limitations. The Applicant acknowledges and agrees that it is solely responsible for inquiring as to the availability of Connections, and that the District is under no affirmative obligation to inform the Applicant of any other sales or reservations, commitments, or any other events, which may limit the District's ability to sell the conditionally-committed Connections. Applicant assumes all risks of unavailability by not purchasing said conditionally-committed Connections. 4.4 The District's obligation to sell such conditionally committed Connections is expressly conditioned upon (i) the entry of an order of inclusion by the District's Board of Directors upon the submittal by the Applicant of a petition for inclusion and the fulfillment of all conditions of inclusion, which petition was approved by the District's Board of Directors on March 21, 2007; and (ii). the performance of all stated obligations herein by Applicant or its agents, assigns, or joint venturers (including any Constructing Party or Metro District referred to herein). 5. TERM. This Agreement shall continue in full force and effect for a period of two (2) years after the date of execution subject to renewal upon request of the applicant in writing. 6. ACTIVATION OF TAP. All purchased Connections (taps) shall be deemed activated and subject to the District's minimum service charges pursuant to the District's Rules and Regulations upon payment to the District of plant investment fees and all other fees due for connection to • tmupm*iLdoc 2 • District facilities,which fees are set forth on Exhibit B attached hereto and incorporated herein by this reference. 7. DESIGN SPECIFICATIONS AND CONSTRUCTION. It is agreed, as a condition precedent to Service, that all sewer lines and appurtenant facilities required to provide Service within the boundaries of the Property ("Sewer Lines") and all necessary trunk lines, outfall lines and connecting lines and appurtenant facilities within the Property that are necessary to connect with the lines of the District as presently planned, engineered or installed ("On-site Connecting Lines"), shall be installed at the Applicant's sole cost and expense and shall be in designed and constructed in accordance with design and specifications as fixed by the District The specific design of such Sewer Lines and On-Site Connecting Lines shall be submitted for District review and approval prior to construction,which approval shall not be unreasonably withheld, conditioned or delayed. The Applicant agrees that the actual installation and construction of the Sewer Lines and the On-Site Connecting Lines shall be constructed by Applicant, a metropolitan or similar special district formed by Owner and on behalf of Owner (the"Owner's District") or a third party who hereinafter acquires any portion of the Property (any of the foregoing are referred to as the "Constructing Party") and shall be subject to the general, as opposed to specific, supervision, inspection and approval by the District. The Applicant further agrees that the installation and construction of the off-site lines and facilities, including outfall lines, connecting lines, and trunk lines, will be constructed by the District utilizing fluids provided to the District by the Applicant. All related costs of engineering study,review, inspection and approval for both on-site and off-site construction shall be at the sole cost and expense of and paid by, the Constructing Party and the Applicant, respectively. The Constructing Party father agrees to give the District, through the • District's Engineer,fourteen days advance notice prior to commencement of construction. 8. EASEMENTS. Applicant shall furnish, at Applicant's expense, any and all applicable easements and rights-of-way within the Property (if not dedicated to the public use on the recorded plat) necessary for the Sewer Lines and the On-Site Connecting Lines, and all consents, permits, licenses and other agreements necessary to effectuate the intent of this Agreement. 9. TRANSFER AND CONVEYENCE OF LINES. 9.1 Prior to conveyance, the Constructing Party shall jet-clean, pressure and vacuum test all lines. Upon the Constructing Party's completion and the District's approval and acceptance of the Sewer Lines and the On-Site Connecting Lines, as evidenced by the issuance of the District's Certificate of Acceptance, the Constructing Party shall convey and transfer all of the Constructing Party's interest and ownership in the Sewer Lines,the On-Site Connecting Lines, and related appurtenant facilities to the Owner's District Thereafter, the Owner's District shall convey, transfer and assign of all the Owner's District's interest and ownership in the Sewer Lines, the On-Site Connecting Lines, and related appurtenant facilities to the District, free and clear of all liens and encumbrances, and shall confirm that the work has been done in accordance with the laws of the State of Colorado, and all other governmental subdivisions, agencies and units and in accordance with the design standards and requirements of the District. • Rmpm,d.dec 3 • 9.2 The Constructing Party shall guarantee the Sewer Lines and the On-Site Connecting Lines, as installed, against faulty workmanship and materials to the District for a period of two(2)years from the date of the District's approval and acceptance of the Sewer Lines and the On-Site Connecting Lines and shall, during said period, pay any and all actual costs and expenses of repair or replacement of the Sewer Lines and the Connecting Lines. Pursuant to District regulations, the Constructing Party shall post adequate security in a form acceptable to the District(e.g.,bond,escrowed funds, or letter of credit, etc.) to insure the payment of the costs and expenses of repair or replacement during such two year period. The security, or such balance of the security if any portion of the security is used by the District to pay for the costs and expenses of repair or replacement, will be released or returned to the Constructing Party at the expiration of the two year period. 9.3 Upon completion, approval, acceptance, conveyance and transfer of the Sewer Lines and the On-Site Connecting Lines to the District,the District shall assume all responsibility thereafter, and all costs and expenses for operation and maintenance, except as to the above two(2)-year guarantee. The Constructing Party's completion of the construction, the inspection, approval and acceptance by the District, the transfer of the Sewer Lines and the On-Site Connecting Lines from the Owner's District to the District, and the payment of all construction costs and expenses for the Sewer Lines and the On-Site Connecting Lines required to be paid by the Constructing Party and Applicant, as applicable, are conditions precedent to the obligation of the District to furnish and provide Service. W. EXTENDED AND OVERSIZED LINES. 10.1 Applicant shall be required to pay for installation of off-site trunk line extensions to connect Applicant's sewer infrastructure to District facilities. District agrees to execute a Line Extension Agreement reasonably acceptable to Applicant with the Applicant and to reimburse the Applicant for the cost of such trunk line extension according to the terms of the Line Extension Agreement. District further agrees to reimburse the Applicant Line extension fee's collected from other property owners served by such trunk line pursuant to the Line Extension Agreement at the rate set forth therein for a period of fifteen(15) years from and after the date of the Line Extension Agreement,but not thereafter,to pay to Applicant for its cost but, in no event, more than the total cost of such extending or oversizing paid the Applicant and agreed to by District upon presentation of Applicant's cost data 10.2 If the District requires that trunk line and facilities be oversized to permit the use of these lines and facilities by the District to serve additional lands and property in addition to the Property of the Applicant, District agrees to reimburse the cost of such extending or oversizing at the then-current rate of oversizing reimbursement as stated in the District's Rules and Regulations. 10.3 In the event that no off-site trunk line extensions are required, Applicant may be required to pay a line reimbursement fee as a condition of connecting the Property to an • existing trunk line as follows: (a) if service to the Property was included in a trunk line extension agreement, such fees may be payable in conjunction with the payment of the • bmpmeilAoc 4 • individual taps; or(b) if service to the Property was not included in an applicable trunk line extension agreement, the Applicant shall pay all such line reimbursement fees for all taps within a filing of the Subdivision of the Property at the time of first connection within such filing of the Subdivision as a condition of connecting to the line. 11. DISTRICT REGULATIONS.All Service provided under this Agreement shall be subject to the District's monthly service charges and to the District's Rules and Regulations. 12. GOVERNMENTAL REGULATIONS. Any provisions of this Agreement to the contrary notwithstanding,the obligation of the District to furnish Service under this Agreement is limited by and subject to all orders, requirements and limitations which may be imposed by federal, state, county or any governmental or regulatory body or agency having jurisdiction and control over the District and/or the operation of its sanitary sewer system and treatment facilities, or discharge permit for discharge into state waters. 13. DOCUMENTS TO BE FURNISHED. Applicant agrees to furnish District the following: 13.1 Upon execution of this Agreement, or at such time or times as may be reasonably requested by District, a topographical survey of the Property;and 13.2 When approved by the appropriate governmental boards, commissions, or agencies, the recorded Final Flat(s) and recorded Address Plat for the Property, together with any requirements or conditions of approval fixed by such governmental entities, together with • evidence of the Applicant's compliance or plan for compliance; and 13.3 Upon completion, approval,acceptance, conveyance and transfer of the Sewer Lines and the On-Site Connecting Lines to the District: 13.3.1 "As-built" mylar maps (one full-sized and one half-sized copy), certified by the Applicant's engineer and depicting all lines,manholes, etc. constructed,installed, and transferred pursuant to Paragraph 9, above. 13.3.2 "As-built" AutoCad file certified by the Applicant's engineer and depicting all parcels,subdivision boundaries,non-sewer utilities, sewer lines,manholes,etc.in plan and profile, constructed, installed, and transferred pursuant to Paragraph 9 above. 13.3.3 A table of positions of each manhole listing latitude, longitude, and invert elevation. 13.3.4 The bid tabulation of the installation costs for sewer line elements. 13.4 "As-built" mylar maps certified by Applicant's engineer depicting all lines, manholes, etc. constructed, installed, and transferred pursuant to Paragraph 9 above. One copy to be full size and the other copy one-half(1/2) size. • teammate 5 • 13.5 In the event the Property to be served under this Agreement is not the entire project of Applicant as hereinabove described,Applicant shall furnish preliminary plats and plans as developed by the Applicant with reference to the future total development of the entire property so that prior to issuance of taps and initial installation of lines and facilities the District may study and consider the total development under this Agreement as it may relate to future demands upon the District for service within the entire development and the effect this may have,presently and in the future,on the District's entire system and its obligations in regard thereto.It is understood and agreed that a request for information as to future plans and developments of the Applicant and the consideration of such plans by the District in connection with its obligation to service Applicant's above described land under this Agreement shall in no wise be construed as an agreement or obligation of District to serve such other lands or areas proposed by the Applicant for such future development All information required to be furnished to District by Applicant shall be provided at Applicant's expense. 14. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, restrictions or limitations contained in any initiative approved by the voters, shortages of labor materials,or other causes,similar or dissimilar,which are beyond the control of such party, including any orders,requirements or limitations described in paragraph 13 above. 15. TIME OF ESSENCE. Time is expressly stated to be the essence of this Agreement and S any failure to perform the covenants and agreements herein agreed to be performed strictly at the - tunes designated shall operate as an immediate termination of this Agreement. 16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 17. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any reasonable additional documents and to take any reasonable additional action necessary to carry out this Agreement. 18. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 19. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations,then • rampnrada 6 • the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group(JAG)of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefore. If such dispute or claim is not settled through mediation,then either party may initiate a civil action in the District Court for Weld County. 20. ATTORNEYS' FEES.If any party breaches this Agreement, the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether through legal proceedings or alternative dispute resolution pursuant to paragraph 19 above. 21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado. 22. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below,or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S.Mail. 23. BINDING EFFECT; NOTICE OF ASSIGNMENT.DELEGATION OF DUTIES.This Agreement shall inure to the benefit of, and be binding upon,the parties,and their respective legal • representatives, successors, and assigns as owners of the land described in Exhibit A. Any - deposits, if any, which are made pursuant to the District's reservation of connection policy and approved agreements shall be transferred to the credit of Applicant's assignee. Applicant shall give written notice to the District of such assignment and shall provide the assignee with a copy of this Agreement Except with respect to those duties which are to be performed by the Applicant's Constructing Party or Metro District referred to herein, Applicant shall not delegate any of its duties arising under the terms and conditions of this Agreement except upon a full assignment of this Agreement as provided in this paragraph 23. 24. GOVERNMENTAL IMMUNITY. Nothing in this Agreement is intended, or shall be construed as, a waiver of any immunities provided to the District by statute or common law, including without limitation the Colorado Governmental Immunity Act, §24-10-101, et. seq., C.RS. DATED ST.VRAIN SANITATION DISTRICT By President 11307 Business Park Circle Longmont,CO 80504 • tempmail•doc 7 • ATTESTED: District Manager Approved As To Form: District Legal Counsel • • tanDdadoc 8 • STATE OF COLORADO ) )as. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this of 200 , by as President, and , as Manager of St. Vrain Sanitation District. Witness my hand and official seal. My commission expires: Notary Public • • mmpmmldoc 9 • APPLICANT: MIDWEST HERITAGE INN OF VISALIA, INC., a North Dakota corporation Address: do HF Holdings,LLC 4 Inverness Court East,#300 ewood,CO 80112 : Darwin Horan D , Manager of HF HOLDINGS, LLC,a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson, President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation MIDWEST HERITAGE INN OF DEPTP% '.! i .,a North Dakota corpo By Darwin `'I: of HF HOLDINGS, LLC,a Co o limited liability company, • Attorney-in-Fact for Gary Tharaldson, President of Midwest Heritage Inn of Deptford, Inc.,a North Dakota corporation STATE OF COLORADO ) )ss. COUNTY OF Witt )) �p a tre t — The foregoing instrument was acknowledged before me by Darwin Horan, Manager of HF HOLDINGS, LLC, a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson, President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest Heritage Inn of Deptford,Inc.,a North Dakota corporation,this 3 day of 061.,2007. Witness my hand and official seal" P iteron Expires My commission expires: r. 90,2009 • Notary blic • mmymeadoc 10 Exhibit A • Legal Description A TRACT OF LAND LOCATED IN SOUTH HALF OP SECTION 27 AND THE NORTH HALF OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; • COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 BEARS NORTH 89°07'33" EAST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION, THENCE NORTH 89°35'53"" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7 AND THE TRUE POINT OP BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°22'25" WEST, A DISTANCE OF 2654.13 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF - SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST, A DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOR 163 AT PAGE 485 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING EIGHT COURSES: 1) THENCE SOUTH 06°51'09" WEST, A DISTANCE OF 266.98 FEET; 2) THENCE SOUTH 30°38'53" EAST, A DISTANCE OF 445.00 FEET; 3) THENCE SOUTH 42°21'07" WEST, A DISTANCE OF 219.00 FEET; 4) THENCE SOUTH 23°06'07" WEST, A DISTANCE OF 660.00 FEET; 5) THENCE SOUTH 24°53'53" EAST, A DISTANCE OF 700.00 FEET; 6) THENCE NORTH 88°51'07" EAST, A DISTANCE OF 454.00 FEET; 7) THENCE SOUTH 60°53'53" EAST, A DISTANCE OF 385.00 FEET; 8) THENCE NORTH 86°21'07" EAST, A DISTANCE OP 178.52 FEET TO THE • SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOR 114 AT PAGE 35 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 75°00'00" BAST, A DISTANCE OF 155.32 FEET TO A POINT ON THE EAST LINE OF TEE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE SOUTH 00°24'02" WEST, A DISTANCE OF B9.26 FEET TO THE SOUTHERLY LINE OP THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2009954 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 11 COURSES: 1) THENCE SOUTH 85°38'17" EAST, A DISTANCE OF 582.71 FEET; 2) THENCE NORTH 65°31'22" EAST, A DISTANCE OF 315.60 FEET; 3) THENCE NORTH 52°04'24" EAST, A DISTANCE OP 339.15 FEET; 4) THENCE NORTH 50°39'42" EAST, A DISTANCE OF 213.85 FEET; 5) THENCE NORTH 21°19'16" EAST, A DISTANCE OF 257.83 FEET; 6) THENCE NORTH 00°31'12" WEST, A DISTANCE OF 298.26 FEET; 7) THENCE NORTH 14°21'24" WEST, A DISTANCE OF 244.37 FEET; 8) THENCE NORTH 12°34'51" WEST, A DISTANCE OF 588.61 FEET; 9) THENCE NORTH 43°15'27" EAST, A DISTANCE OF 134.45 FEET; 10) THENCE NORTH ' 51°34'02" EAST, A DISTANCE OF 332.64 FEET; 11) THENCE NORTH 41°59'02" EAST, A DISTANCE OF 419.65 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF Q&Tl SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST, A DISTANCE OF 472.67 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 605, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00°06'27" WEST, A DISTANCE OF 2577.68 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 605A, AUGUST 8, 2006 ACCORDING TO THE WELD.000NTY RECORDS; THENCE ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 85°59'05" WEST, A DISTANCE OF 456.95 FEET; 2) THENCE SOUTH 89°07'10" WEST, A DISTANCE OF 214.69 FEET; 3) THENCE SOUTH 00°52'50" EAST, A DISTANCE OF • • 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 28; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°07'10" EAST, A DISTANCE OF 670.00 FEET; THENCE SOUTH 00°06'27" WEST, A DISTANCE OF 22.20 FEET; THENCE SOUTH 00°57'01" EAST, A DISTANCE OF 27.81 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 28; THENCE ALONG SAID SOUTH RIGHT-OP-WAY LINE SOUTH 89°07'10" WEST, A DISTANCE OF 455.00 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603A, AUGUST 8, 2006 ACCORDING TO' WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINE SOUTH 00°56'56" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 85°51'25" EAST, A DISTANCE OF 456.80 FEET TO A POINT ON THE WEST LINE OP THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES: 1) THENCE SOUTH 00°57'01" EAST, A DISTANCE OF 2590.28 FEET; 2) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 267.75 FEET; 3) THENCE SOUTH 13°55'35" EAST, A DISTANCE al 289.41 FEET; 4) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 1025.00 FEET; 5) THENCE - SOUTH 07°07'44" EAST, A DISTANCE OF 325.05 FEET TO A POINT ON A LINE, 250.00 WEST OF AND PARALLEL WITH THE EAST LINE OP THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID LINE SOUTH 00°56'51" EAST, A DISTANCE OF 494.18 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2696322 OF THE WELD COUNTY RECORDS; THENCE ALONG THE NORTH AND WEST LINE OF SAID TRACT THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°03'18" WEST, A DISTANCE OF 66.01 FEET; 2) THENCE NORTH 65°01'41" WEST, A DISTANCE OF 69.29 FEET; 3) THENCE SOUTH 00°04'10" WEST, A DISTANCE OF 339.78 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 2265474 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID LINE THE • FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°47'50" WEST, A DISTANCE OF 567.78 FEET; 2) THENCE SOUTH 50°06'50" WEST, A DISTANCE OF 440.00 FEET; 3) THENCE SOUTH 73°04'17" WEST, A DISTANCE OF 1383.42 FEET TO THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOR 1499 AT PAGE 596 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 23°14'50" WEST, A DISTANCE OF 55.32 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE NORTH 00°35'48" EAST, A DISTANCE OF 730.38 FEET TO THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 NORTH 89°54'46" WEST, A DISTANCE OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922 OF THE WELD COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID TRACT THE FOLLOWING TWO COURSES: 1) THENCE NORTE 28°18'59" WEST, A DISTANCE OF 737.00 FEET; 2) THENCE NORTH 01°04'15" WEST, A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND A POINT ON THE SOUTH LINE OP THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89°07'20" EAST, A DISTANCE OF 817.26 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE EAST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH 00°34'36" WEST, A DISTANCE OF 1333.53 FEET TO THE NORTHEAST CORNER OP SAID SOUTH HALF; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER SOUTH 89°26'07" WEST, A DISTANCE OF 2540.06 FEET TO A POINT ON THE BAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 00°24'50" WEST, A DISTANCE OF 1311.48 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THERE FROM THE FOLLOWING DESCRIBED PARCEL OF LAND. • • COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, WHENCE THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89°07'33" WEST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, SOUTH 00°35'07" EAST, A DISTANCE OF 30.00 17iK'1 TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH 89°07'33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE 30.00 SOUTH OP AND PARALLEL WITH THE NORTH LINE OP THE NORTHEAST QUARTER OF SAID SECTION 34 NORTH 89°07'10" EAST, A DISTANCE OF 765.29 FEET; THENCE SOUTH 02°06'45" WEST, A DISTANCE OF 310.68 FEET; THENCE • NORTH 87°52'58" WEST, A DISTANCE OP 751.65 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95 FEET TO THE TRUE POINT OP BEGINNING. SAID TRACT CONTAINS 587.004 ACRES. R:\5161_002_endersoR\drg\LRGALS\WAIBRBAQ;T LR99 AROSR4@7.doc • • Exhibit B SECTION 12 • SCHEDULE OF FEES AND CHARGES SECTION 12.1 CONNECTION FEES RESIDENTIAL,PLANT INVESTMENT FEE Amount For each Single Family Equivalent(SFE) $ 5,000.00 NON-RESIDENTIAL PLANT INVESTMENT FEE Meter Size SFE Allotted Amount 5/8" 1.5 $ 7,500.00 34" 1.5 $7,500.00 1" 2.5 $12,500.00 1 1" 5 $25,000.00 2" 8 $40,000.00 3" 16 $80,000.00 [8-1-06] The Plant Investment Fee (PIF) and Monthly Service Charge (MSC) will be zwevaltated and adjusted when additions and/or modifications to or changes in the use of buildings or facilities adversely impact the District,as determined by the board or the staff designee and pursuant to these Rules and Regulations as amended from time to time. Plant Investment Fees are non-refundable. SECTION 12.2 LINE EXTENSION FEES Note: Each Line Extension Agreement contains Line Extension fees. Line Extension Fees are dependent upon where you develop in the District • Godding Hollow Parallel Fee-for applicable development South of CO Hwy 52/per SFE. For Non-Residential buildings, the number of SFE's to apply for purposes of Line Extension Fees is as follows: Meter Size No.of SFE 5/8" 1.5 '34" 1.5 1" 2.5 1 'A" 5.0 2" 8.0 3" 16.0 (8-1-06] SECTION 12.3 INSPECTION FEE Inspection Fee(per house/building service) $ 60.00 Re-inspection Fee(per house/building service) $ 60.00 Non-residential inspections $ 120.00 (9-17- 05] SECTION 12.4 INCLUSION FEE The Inclusion Fee for residential and nonresidential is comprised by calculating two components,a taxable fee and a base fee as follows. • Residential Taxable Fee=(AxBxC)/1000=DxE=FxG A-Fair Market Value of Land B-Current Residential Assessment Rate C-Current Mill Levy D-Cost per acre #of acres • F-Tax for one year G Includes the past 10 years of taxes that would have been paid to the district, which is automatically reduced by one year each year starting in 2007(2007-9 year,2008-8 years...etc) [2-8-07[ Nonresidential Taxable Fee=(A x B x C)/1000=D x E=F x G A-Fair Market Value of Land B-Curreqt nonresidential Assessment Rate C-Current Mill Levy D-Cost per acre E-#of acres F-Tax for one year G- Includes the past 10 years of taxes that would have been paid to the district, which is automatically reduced by one year each year starting in 2007(2007-9 year,2008-8 years...etc) [2-8-071 Base Fee-A+(B x$20) Base Fee A- Administration Fee B- #of ames Base Fee+Taxable Fee=Inclusion Fee [8-1-06] SECTION 12.5 SERVICE CHARGE RESIDENTIAL SERVICE CHARGE For each Single Family Equivalent(SEE) $22.00/month Note:Billed quarterly with an 8.33%discount(one month free)if billed annually. • Effective September 16,2004,all billings for monthly service charges will be delivered to the property owner of recant according to the property records of Weld County.In the case of tenancy relationships existing as of this date,the billings will rain as shown in the District's records until such time that the tenancy relationship changes.At that time, the billing for monthly service charges will be the responsibility of the property owner of record and will remain such until there is a change in the ownership of the property. Transfer Fee An administrative fee will be applied to all transfers that involve a change in ownership of property from one party to another. This applies to transfers that involve title companies and individual owners and will be required as part of the fees at the time of transfer. The board of directors can change this administrative fee at anytime. The fee is established at $20.00 per transaction. RON-RESIDENTIAL SERVICE CHARGE Buildings discharging domestic type wastewater, such as offices, retail stores, restaurants, bars, churches, schools, barber and beauty shops, grocery stores, auto and truck service stations (without shops or washing facilities),fast food facilities,medical and dental offices,health clubs, etc. TYPE AMOUNT Buildings discharging domestic type wastewater, such as offices, retail stores, restaurants, bars, churches, schools, baiter and beauty shops, grocery stores, auto $2.68/1000 and truck service stations(without shops or washing facilities), fast food facilities, gallons/month medical and dental offices,health clubs,etc. • Single tenant industrial buildings including manufacturing, fabricating, processing, $2.68/1000 warehousing,vehicle washing or repair,etc discharging industrial type wastewater. gallons/month Multi-tenant industrial buildings wherein modules can be utilized for manufacturing, fabricating, processing, warehousing wastewater, or shop space with present or $22.00/month/tenant • fixture potential to discharge industrial type.NOTE: Should water consumption for multi-tenant buildings exceed the number of tenants multiplied by 270 gallons per day for three (3) consecutive months, the property manager will be charged $2.68/1000 gallons for the excess amount. NOTE: For purposes of definition, domestic type wastewater or sewage is comprised of liquid waste(a) from the noncommercial preparation,cooking and handling of food,or(b)containing by-products of washing, laundry and household cleaning found in a normal household or(c) containing only human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings,industrial facilities,and institutions or combination thereof NOTE: Property owners and/or managers shall inform the District of changes in occupancy of their buildings. Effective September 16,2004,all billings for monthly service charges will be delivered to the property owner of record according to the property records of Weld County.In the case of tenancy relationships existing as of this date,the billings will remain as shown in the District's records until such time that the tenancy relationship changes At that time, the billing for monthly service charges will be the responsibility of the property owner of - record and will remain such until there is a change in the ownership of the property. An irrigation adjustment of thirty-two(32)inches of water per year multiplied by the gross landscaped area will be granted to Non-Residential users upon written request. This adjustment will be applied one-half during the April to lime quarter and one-half during the July to September quarter. The Board of Directors will consider, at its discretion, case by case adjutants to non-residential sewer service usage where it can be clearly demonstrated that a significant quantity of metered water does not enter into the District's wastewater collection system. • SECTION 12.6 SURCHARGES The Board of Directors may establish surcharges for specific areas of not less than ten (10) acres in size within the District based on the special services or facilities required to provide services to such areas. SECTION 12.7 SEPTAGE FEES Fee charged to be based on volume accepted times current operating costs per gallon Minimum fee per truckload $ 50.00 SECTION 12.8 USE FEE FOR DISTRICT FACILITIES All Users shall be responsible for any and all actual costs incurred by the District for damages or cleaning. District Personnel(If required) $ 65.00 40.00 per hour [9-17-05] Category I Users: No User Fee Category II&III Users: $ 40.00 23,99 per hour or part of [9-17-05] SECTION 12.9 CONSTRUCTION PLAN REVIEW FEE Fee charged for construction plan review per submittal. $ 130.00 [8-1-06] • TETRA TECH • November 1, 2007 Mr. Kim Ogle Planning Manager Weld County Department of Planning Services 918 Tenth Street Greeley, CO 80631 RE: Waterfront at Foster Lake Change of Zone Final comments for the Board of County Commissioners Hearing (November 14, 2007) Dear Mr. Ogle: This letter addresses specific conditions of approval for the Waterfront at Foster Lake, Change of Zone application. It is our understanding that the Planning Commission Resolution was not changed per our letter dated October 12, 2007 and your memo to the Board of County Commissioners dated October 16, 2007, due to being on the Consent Agenda for the Planning Commission Hearing. As you stated in your memo, "Given the • resolution of issues on a variety of fronts, it is the opinion of the Department of Planning Services that the letter dated October 12, 2007 adequately addresses the position of both the applicant and the County." There were some concerns that the formal Planning Commission Resolution did not reflect the items that we discussed and we are formally requesting that the Resolution from the Board reflect the items in our letter and in your memo, so that the official record is accurate and clear. We are also including with this letter, verification that several conditions have adequately been met and we are asking that they be removed from the Conditions of Approval for PZ-1126, prior to our meeting with the County Commissioners. The following conditions have been met: Condition 1. A.1. through 10. We have met with and had discussions with the Weld County Public Works Department. They have agreed that for the Change of Zone, we have adequately addressed their concerns. Please see attached e-mails from Don Dunker and Scot Lewis and the letter to Public Works, from Cameron Fowlkes. This condition has been met. Condition 1. B. There have been several meetings with the Mead Engineering staff to • discuss access. The access points were designed with their input on distances and Mx= ' adequate road rights-of-way. This has been incorporated into the design. It is our • understanding from the Town of Mead that an access permit would not be required until a�waw 1900 5.Sunset Stine_.S.:'c I LcngmonL CO 8050: Tel? /, 5282 Fax 5 '7070_ . ..htt itech,com Page 2 TETRA TECH Mr. Kim Ogle November 7, 2007 • the Final Plat stage, when engineering was complete on all the road designs. We will obtain a letter from the Town of Mead acknowledging the timing for access permits and provide this letter, prior to recording the Change of Zone plat. Please see attached letter to the Town of Mead, from Julie Cozad. Condition 1. C. We have met with Bob Finch with St. Vrain State Parks on June 6, 2006 and November 1, 2007 and with Dave Giger, High Plains Regional Manager for Colorado State Parks and Bob Finch on November 7, 2007 to address their concerns. There has been discussion regarding the possibility of proposed trail easements, a stewardship easement for St. Vrain State Parks personnel to maintain the area along the river bottom, the possible relocation of the southern-most lots on the cul-de-sac and a potential boundary adjustment. A joint letter from State Parks and the owner will be submitted at the Board of County Commissioners hearing. Please see attached letter to David Giger, St. Vrain State Parks, from Julie Cozad. This condition has been met. Condition 1. D. Please see attached letter to Ken Poncelow, Weld County Sheriff's office. This condition has been met. Condition 1. E. We have had several meetings with the St. Vrain Valley School District and have been working on an agreement with them in regard to access, road maintenance, utility and construction easements, oil and gas issues, mitigation fees and cash-in-lieu • fees. A final executed agreement will be submitted prior to recording the Final Plat. Please see attached letter to Ryan Kragerud, St. Vrain Valley School District, from Julie Cozad. This condition has met. Condition 1. F. (It appears that the numbering on the Planning Commission Resolution may be off. The Planning Commission Resolution combined two conditions into one. Condition 1. F. is for the Longmont Soil Conservation District and the State of Colorado Division of Wildlife.) Please see attached letters to Nancy McIntyre, Longmont Soil Conservation District and to Mark Leslie, State of Colorado, Department of Natural Resources, Division of Wildlife, from Julie Cozad. This condition has been met. Condition 1. G. Please see attached letter to LuAnn Penfold, Fire Marshal, Mountain View Fire Protection District, from Julie Cozad. This condition has been met. Condition 1. H. We have had several meetings with the representatives from the Highland Ditch Company and the Highland No. 3 Reservoir(a/k/a Foster Lake, the No. 3 Outlet Ditch Company and the Sanborn Reservoir Ditch Company). We have also had preliminary meetings with all the ditch company's Engineer and with the State Engineer's Office. We will continue to work with the ditch companies throughout the Final Plat process. Please see attached letters to Mark Detsky, legal counsel for all three ditch companies, from Becky Eustice. This condition has been met. Condition 1. I. As discussed in our meeting and in our letter from October 12, 2007, this • item will be moved to submittal with the Final Plat, Filing 1. 0 Page 3 TETRA TECH Mr. Kim Ogle November 7.2007 • Condition 1.J. Please see the attached letter to Erin Fosdick, Planner, City of Longmont, from Julie Cozad. This condition has been met. Condition 1. K. and L. Right-of-way for the expansion of I-25 has already been obtained by CDOT, as well as easements for drainage and temporary construction. This documentation is shown in the Title Commitment submitted with the Change of Zone application. Additional documentation is attached to this letter, verifying all legal descriptions and obtained easements for storm drainage, by CDOT. These conditions have been met. Condition 1. M. We are currently in the process of completing permits with the Weld County Department of Public Health and Environment for the Evaluation and Statements of Existing for the septic systems located on the property. This condition will be met prior to recording the Change of Zone Plat. Condition 1. N. As discussed in our meeting and in our letter dated October 12, 2007, this item will be stricken and will be satisfied with the additional CDOT documents described above. The portion of WCR 28 referred to in this condition has already been obtained by CDOT. This condition has been met. Condition 1. O. As discussed in our meeting, this item will be moved to prior to recording the Final Plat, Filing 1. • Condition 1. P. As discussed in our meeting and in our letter dated October 12, 2007, it was agreed to move this condition to prior to recording the Final Plat for Filings 2-6. It is also our understanding that Mr. Honn will take this issue to a future worksession with the Board of County Commissioners to determine if the County should be the applicant on an amendment application. A possible amendment to the Land Use Map was discussed with the Planning Department at the Sketch Plan stage and it was determined at that time that an amendment would not be required. It is our position that the subject areas shown as "Limited Site Factors" do not exist in the conditions described in that category. In fact, we have submitted documentation with our applications showing that the areas are not within a floodplain area or sensitive wildlife area. The Comprehensive Plan describes these areas as follows: "Land designated as having limiting site factors are primarily defined by the one- hundred-year floodplain (as defined by FEMA Flood Insurance Rate Maps) which comprises approximately four and thirty-seven hundredths percent (4.37%) of the County land mass. Additional land containing limiting site factors is located along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical, development within areas having limiting site factors shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alteration • of natural features." Page 4 it TETRA TECH Mr. Kim Ogle November 7, 2007 • The Waterfront development has been designed to preserve the areas along the lake and drainage ways and has located the lots to preserve the natural features of the site avoiding any areas of environmental sensitivity. Conditions R. 1-5 The plat will be amended to reflect these items. Condition R. 6. As discussed in our meeting and in our letter dated October 12, 2007, we request additional notation on the plat that would state: "A recorded Surface Use Agreement supersedes the requirements of the Change of Zone plat in regard to all oil and gas facilities." A letter will be submitted from Terry Enright, Kerr-McGee as indicated in your memo dated October 16, 2007. Your memo states: "The Department of Planning Services is of the understanding that the recorded Memorandum of Surface Agreement between Kerr-McGee Oil and Gas Onshore, LP and Waterfront at Foster Lake, LLC dated June 13, 2007 serves as the basis for the Final Surface Use Agreement (SUA)that is presently under review. To this end Planning Services requests a letter from Molly Buchannon, Attorney for Anadarko, or Terry Enright, Engineer/Senior Landman with Kerr-McGee Oil & Gas Onshore LP to establish the status of activities toward the completion of the Final SUA Agreement. This document is to be presented to Planning Services prior to the November 14, 2007 Board of county Commissioners hearing." The letter from Terry Enright, Engineer/Senior Landman with Kerr-McGee Oil & Gas Onshore LP will be submitted prior to the hearing on November 14, 2007. An • executed Surface Use Agreement will be submitted prior to the Board of County Commissioners hearing for the Final Plat application. This condition has been met. Condition R. 7. & 8 These items will be shown on the plat. Condition R. 9. As discussed in our meeting and in our letter dated October 12, 2007, this item will be stricken and will be satisfied with the additional CDOT documents described above. This condition has been met. *The numbering for the Planning Commission Resolution does not match your preliminary staff recommendation numbering that was provided to us prior to the Planning Commission hearing. It appears that S. 2. was excluded from your preliminary copy. Therefore, the numbering in our letter dated October 12, 2007 does not match the numbering on the Planning Commission Resolution. Our response in this letter corresponds with the Planning Commission Resolution copy. Condition S. 1-11 We agree and will place these notes on the plat as written. The only exception would be in regard to setbacks and building heights. As discussed in our meeting, we would like to add language to the notes that say, "and as specifically defined on the Change of Zone Plat, Sheet 7 PUD requirements and the Waterfront at Foster Lake Development Guide." Condition S. 12. The Service Plan for the Waterfront at Foster Lake Metropolitan • District specifically describes that the District will maintain Public Improvements, 0 Page 5 TETRA TECH Mr. Kim Ogle November 7, 2007 • described as "street improvements, including but not limited to streets, curbs, gutters, bridges, embankments, divider islands and medians, crosswalks, cross-pans and traffic signals and signage." We may operate and maintain other facilities such as open space, private utilities and other facilities, however the approved Service Plan does not require it. The Metropolitan District, Homeowners Association or other approved agency or municipality will maintain these facilities. We request that the language for this note be re-written to specifically reflect the Service Plan approved by the Board of County Commissioners. See attached Page 6 from the Waterfront at Foster Lake Service Plan. Condition S. 13. We agree with this note, but would like to add language that states"or may be provided by another approved agency or municipality." Conditions S. 14. and 15. We agree with these notes and will place them on the plat, as written. Condition S. 16. We agree and will place the note on the plat as written. We may request early grading permits from Weld County to accommodate final grade pad sites for oil and gas facilities or other utilities, prior to Final Plat applications. Condition S. 17. & 18. We agree and will place the notes on the plat as written. • Condition S. 19. We would like to add language to this note to say "and per the Waterfront at Foster Lake PUD Development Guide and Change of Zone, Sheet 7 PUD requirements." Condition S. 20. We agree and will place the note on the plat as written. Condition S. 21. We would like to change the language to this note to state: "Building heights are measured as described on the Change of Zone Plat, sheet 7. Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all planning districts." Condition S. 22. We would like to delete the last sentence and insert the following setback requirements: "Setbacks: The PUD process allows for flexibility within the standards and we have shown a Table on Sheet 7 of the Change of Zone plat which describes specific setbacks. Setback Notes: 1. All Setbacks are measured from the outside of the foundation wall 2. The following architectural elements may encroach 2.5 feet in to the side setbacks, • measured from the foundation wall: 0 Page 6 TETRA TECH Mr. Kim Ogle November 7, 2007 • A. Eaves B. Bay and Box Windows C. Room Projections and Cantilevers D. Foundation Counterforts E. Brick Ledge F. Concrete Sidewalks and Stoops G. Air Condition Units 3. Items allowed in the rear and front setback area include the following: A. Front yard sidewalks B. Back yard patio/decks (not to encroach in 10' back yard utility easements) C. Back yard air condition units D. Front setback is measured from back of sidewalk E. Covered porches may extend into the rear setbacks a minimum of ten feet (10') from the property line." As stated in your memo dated October 16, 2007, we would also add the following: "In no event will there be an encroachment into the Utility or Drainage Easement as stipulated in Chapter 27, Section 27-9-40 and Chapter 24, Section 24-7-60 Easement Standards." • Condition S. 23. through 25. We agree and will place these notes on the plat as written. Condition S. 26. and 27. As stated in our letter dated October 12, 2007 and as verified in your memo dated October 16, 2007, these notes will be deleted. Condition S. 28. and 29. As discussed in our meeting and in our letter dated October 12, 2007, we would not be willing to have height restrictions on the southern residential lots. The lots on the eastern side are setback from the river up to 1000' and the minimum distance is 225' for the lots on the western side. In lieu of height restrictions we would be willing to add some additional language to the Development Guide and/or notes on the Change of Zone plat, which places emphasis on visual mitigation measures rather than height restrictions. In our meetings with the Town of Firestone and St. Vrain State Park, they indicated that they would agree to our suggestion to add the following language in lieu of restrictions of heights. We suggest the following: Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials; (a) repeat the colors found most commonly in the land and vegetation around the building (earth tone), and (b) have a light reflective value of no more than forty percent(40%). Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall or • roof surface. Page 7 E TETRA TECH Mr. Kim Ogle November 7, 2007 • Vegetation: The area around each primary structure and accessory structure shall include at least one (1) tree of a species with a mature height of at least thirty-five (35) feet for each two thousand five hundred(2,500) square feet of lot or parcel area; provided, however, that this requirement shall not require any single-family residential lot to contain more than eight (8)trees. At least fifty percent (50%) of the total number of trees required on the lot or parcel shall be located within fifty (50) feet of the primary structure on the side of the primary structure facing the nearest viewing platform. In addition, to the maximum degree feasible, during overlot grading, all existing mature vegetation with a height of more than three (3) feet, other than noxious plants and weeds, shall be preserved. Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirement. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees or other outdoor areas shall use full cutoff light fixtures. A full cutoff light fixture is one in which no more than two and one-half percent(2.5%) of the total output is emitted at ninety degrees (90°) from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. • *We would like to amend the plat to specifically identify the affected lots with a hatch line on the Change of Zone plat. An exhibit is included with this letter. Condition S. 30. As indicated in our letter dated October 12, 2007 and confirmed in your memo dated October 16, 2007, we propose amending this note to reflect the specific uses shown on Sheet 7 of the Change of Zone plat, with the deletion of number 4.1.C. Theaters, etc., and 4.1.H. Hospitals. We would like to leave the remaining uses within 4.1.H. for nursing homes, retirement centers and mental or physical rehabilitation centers. Condition S. 31. We agree and will place this note on the plat as written. Condition S. 32. As discussed previously in this letter and in our meeting, we would like to modify or strike this note to reflect the following regarding building height restrictions: "The building height is 35' for the two multi-family tracts (8.4 acre tract, adjacent to WCR 7 and north of the High School site and the 7.3 acre tract north of WCR 28 and west of 1-25). The multi-family parcel (13.6 acre tract north of the High School and west of the Community Center will be allowed to have building heights of 45'. All other single family residential lots are 35'. These heights are measured as described in our Change of Zone Plat, sheet 7 and states, "Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all planning districts." We understand that all multi-family tracts will be subject to future Site Plan Review by Weld • County." el Page 8 TETRA TECH Mr. Kim Ogle November 7, 2007 • Also, see notes 28 and 29 above regarding mitigation. Condition S. 33. We agree with this note and will place it on the plat as written. Condition S. 34. As discussed in the meeting and in our letter dated October 12, 2007 and confirmed in your memo dated October 16, 2007 the letter from Terry Enright, Kerr- McGee takes the place of this note. This note should be stricken. Condition S. 35. through 38. We agree with these notes and will place them on the plat as written. Condition S. 39. As discussed in our meeting and in our letter dated October 12, 2007, we propose to change the language of this note to state: "Oji and gas structures shall be fenced to avoid tampering as required by the COGCC and be the responsibility of the facility owner." Condition S. 40. As discussed in our meeting, we would like to continue fishing on the property, as it will be a recreational amenity on the property. We would also like the opportunity to continue to hunt on the property until overlot grading commences within the development. • Condition S. 41. through 50. We agree and will place these notes on the plat as written, with the exception of notes number 43 and 48. We would like to amend those notes to say: 43. "Except where noted on the Change of Zone plat and Waterfront at Foster Lake Development Guide, the property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code." 48. "Except where noted on and consistent with the Change of Zone plat and Waterfront at Foster Lake Development Guide, the PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code." Condition 3. We would like to formally request to record the plat within 120 days of the Board of County Commissioners approval, rather than 60 days. We are requesting this amount of time due to the number of conditions of approval and required changes to the plat. Condition 4. We agree with this condition. We are also enclosing the following documentation: -A copy of our letter dated October 12, 2007. • -A copy of your memo dated October 16, 2007. Page 9 mit TETRA TECH Mr. Kim Ogle November 7, 2007 • -A letter to Pam Smith, Weld County Department of Public Health and Environment, from Julie Cozad. -A letter to Megan Humbrecht, St. Vrain Sanitation District, from Julie Cozad. -A letter to Jennifer Krieger, Planner, City of Dacono, from Julie Cozad. -A letter to Bethany Salzman, Zoning Compliance Officer, Weld County Department of Planning Services, from Julie Cozad. -A letter to Roger Vigil, Building Official, Weld County Department of Planning Services, from Julie Cozad. -A letter to Bruce Nickerson, Town of Firestone, from Julie Cozad. -A letter to Kevin Lyles, Friends of St. Vrain, from Julie Cozad. -A copy of the final executed Subdivision Service Agreement with Longs Peak Water District. We appreciate the opportunity to work with Weld County on these items. If you have any additional questions or comments, please feel free to contact me. Thank you for your time and input on this project. Sincerely, TETRA TECH • C= 0 Li Julie Cozad Planning Department Manager Pc: Linda Sweetman-King Cathy Leslie Clerk to the Board Enclosures • ,i12. TETRA TECH .16 • September 25, 2007 Don Dunker, P.E. Scot Lewis, P.E. Weld County Public Works Department 1111 H Street Greeley, Colorado 80632-0758 RE: PZ-1126 Waterfront at Foster Lake PUD Response to Comments Dear Mr. Dunker and Mr. Lewis: The responses below follow the same outline and order as the original comments (see copy attached). Stormwater/Drainage General: 1. The model calculations and print outs form the Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135 will be included in the Final Plat Drainage Report submittal. A letter of approval from the Colorado Division of Water Resources—Dam Safety Branch will be provided at the time of Final Plat • for the areas impacted by the breach path. 2. Discussion of residential setbacks from the breach point of Foster Lake, the spillway channel through the subdivision, and a 500 year simulation for the dam break analysis will be provided at the time of Final Plat for the areas potentially impacted. These analyses will commence by or before the COZ approval. 3. The requested information and concerns will be addressed during the design of spillway improvements. 4. Future comments from Weld County staff related to the Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135 will be addressed when appropriate. Stormwater Drainage Comments: For the Change of Zone: 1. Currently, there are no lots located within the floodplain. If, in the future, final grading requires us to grade within the floodplain,the necessary permits will be obtained. 2. Although we are in the process of meeting with the ditch companies to resolve all issues, their preference has been to wait for construction documents. Any issues will be resolved prior to recordation of the Final Plat. • EXHIBIT -Pe -Iwo 4000 TETRA TECH 3. Existing offsite drainage basins and flows that cross the Waterfront development will be addressed with the Final Plat Drainage Report. 4. Set backs, free board and building envelopes can be provided, as necessary, prior to recording the Final Plat. 5. We are prepared to work with Weld County staff regarding these issues upon receipt of comments and prior to recordation of the Final Plat. 6. It is our intention to detain stormwater runoff per the Weld County code. An agreement with the owners of Foster Lake will be obtained for any flows released to the lake or those flows will be routed to detention ponds via storm pipe or swales. All other flows will be diverted to detention ponds. 7. Flows in these areas will be captured by storm facilities and diverted to detention ponds, per Weld County code. 8. Noted and corrected. 9. Calculations for C values, particularly for Basin 1-13, will be addressed with the Final Plat Drainage Report. In the Final Plat application material: It is the intention of the developer to respond to all comments in this section with the Final Plat submittals. Traffic and Roadway Comments: 3. In reference to the last sentence in this comment, it would seem more appropriate • to address the financial contributions at the time of the Final Plats when the need for the road improvements is immanent and there are construction drawings upon which to base the costs. Please call or email with questions or comments. We will contact you in the next few days to see if a meeting would be helpful in clarifying any issues. Thank you for your assistance with this project. Sincerely, TETRA TECH, INC. �n ttlittl //- Cameron L. Fowlkes, P.E. Project Manager Ri\516) 002_ande,son\Documents\5161_002_03\Referral Agencies\COZ referral responses\Public Works Responses 092407.doe • Page 1 of Cozad, Julie Strom: Eustice, Becky Sent: Tuesday, November 06, 2007 2:36 PM To: Cozad, Julie Subject: FW: Waterfront COZ From: Don Dunker [mailto:ddunker@co.weld.co.us] Sent: Tuesday, October 09, 2007 11:50 AM To: Eustice, Becky Cc: David Bauer; Scot Lewis; Don Dunker; Kim Ogle Subject: RE: Waterfront COZ Becky, From a Stormwater/Drainage standpoint the project is in a holding pattern until the Colorado Division of Water Resources - Dam Safety Branch has reviewed and accepted the proposed Hydrologic and Hydraulic Analysis Proposed Spillway and Channel for the Highland No. 3 Reservoir Waterfront at Foster Lake SEODAMID 050135. Therefore to address all stormwater/drainage comments related to this development at the Final Plat process is acceptable. Due understand that new and additional comments throughout the entire development may arise once the State has reviewed and accepted the Dam Break Analysis. Se County will require that all stormwater detention facilities be designed to detain the stormwater runoff from th fully developed subdivision from a one-hundred-year storm and release the detained water at a rate not to exceed tl rate of a five-year storm falling on the undeveloped site. (Weld County Code Ordinances 2001-1; 2003-10, and 2006-7). All storm water must be detained on site and follow the requirements per Weld County Code 24-7-130 D and Ordinance 2006-7. Please contact me if you have any questions. Thanks, Don Dunker, P.E. Weld County Public Works Office phone: (970) 304-6496 Ex: 3749 Original Message From: Eustice, Becky [mailto:Becky.Eustice@tetratech.com] Sent: Friday, September 28, 2007 1:49 PM To: Don Dunker; Scot Lewis Cc: Fowlkes, Cameron; Leslie, Cathy Subject: Waterfront COZ Gentlemen, IllItached is our response letter for the COZ Public Works comments. As stated at the end of the letter, we will contact you next week to see if there is a need to meet and discuss the comments and responses. 11/7/2007 Page 2 of •nk you, Becky Please note that my email address has changed to becky.eustice@tetratech.com <mailto:becky.eustice@tetratech.com> Becky Eustice, MSCE I Civil Engineering Manager Civil Engineering and Land Planning Department Direct: 720.864.4530 I Main: 303.772.5282 I Fax: 303.772.7039 becky.eustice@tetratech.com Tetra Tech I Infrastructure Group 1900 S. Sunset Street Suite 1-F I Longmont, CO 80501 I www.tetratech.com •ASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other tha the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. • 11/7/2007 Page 1 of • Cozad, Julie "'From: Eustice, Becky Sent: Tuesday, November 06, 2007 2:38 PM To: Cozad, Julie Subject: FW: Public Works-Transportation From: Leslie, Cathy Sent: Thursday, October 04, 2007 11:00 AM To: Isk@terravisionsllc.com; Ibalsley@terravisionsllc.com Cc: Cozad, Julie; Eustice, Becky Subject: Public Works -Transportation Hi guys, I just spoke with Scot Lewis who indicated that they don't think that we need to meet as all their comments will apply to Final Plat(even the stuff on the agreements) and we met all their conditions at Change of Zone. Knowing that there are some skeptics in this group and that Scot is a little less than forceful, I requested this one in writing. He indicated that he would sen me an email today to verify this. He is ready to stand up in public and state as much. Thanks, Cathy fitherine A.Leslie,P.E. it Engineering and Land Planning Manager Main: 303.772.5282. Direct Dial: 303-485-6484 I Fax. 303.772.7039 cathy.leslie@tetratech.com Tetra Tech 1900 S. Sunset Street Suite 1-F I Longmont,CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments.may include privileged, confidential and/or inside information.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. • 11/7/2007 Page 1 of Cozad, Julie *roar Eustice, Becky Sent: Tuesday, November 06, 2007 2:38 PM To: Cozad, Julie Subject: FW: Email confirmation From: Leslie, Cathy Sent: Tuesday, October 09, 2007 3:55 PM To: Linda Sweetman-King; Lauren Balsley; Cozad, Julie; Eustice, Becky Subject: FW: Email confirmation Here we go. We are with Transportation. Catherine A.Leslie,P.E. Civil Engineering and Land Planning Manager Main:303.772.5282. Direct Dial: 303-485-6484 I Fax: 303.772.7039 cathy.leslie@tetratech.com Tetra Tech 1900 S.Sunset Street Suite 1-F I Longmont,CO 80501 I www.tetratech.com PLEASE NOTE. This message, including any attachments, may include privileged,confidential and/or inside information.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the •der by replying to this message and then delete it from your system. From: Scot Lewis [mailto:slewis@co.weld.co.us] Sent: Tuesday, October 09, 2007 11:03 AM To: Leslie, Cathy Cc: Don Dunker; David Bauer Subject: RE: Email confirmation I am under the assumption that your final T.I.S. is being prepared and will be ready for review prior to Final Plat. I'm expecting the anticipated roadway improvements(on and off site)to be clearly defined as to when they are required and who will be responsible for each phase. I believe a table was suggested in the FHU comments back in Novembe of last year. From a transportation/traffic perspective...me are"good to go"for Change of Zone. From: Leslie, Cathy [mailto:Cathy.Leslie@tetratech.com] Sent: Tuesday, October 09, 2007 8:42 AM To: Scot Lewis Subject: Email confirmation Hi Scot, Weren't you going to send me an email confirming we were good to go on Waterfront until final? Thanks, Cathy • Catherine A.Leslie,P.E. Civil Engineering and Land Planning Manager Main:303.772.5282. Direct Dial. 303-485-6484 I Fax: 303.772.7039 cathy leslie@tetratech.com 11/7/2007 Page 2 of Tetra Tech • 1900 S.Sunset Street Suite 1-F I Longmont,CO 80501E www.tetratech.com PLEASE NOTE: This message,including any attachments,may include privileged,confidential and/or inside information.Any distribution or use c this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 4111 11/7/2007 • TETRA TECH October 23,2007 Mr.Joe Gerdom Town Planning Consultant Town of Mead 935 Petras Street Erie, CO 80516 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ- 1126 Dear Mr. Gerdom: Thank you for your referral for the Waterfront at Foster Lake,Change of Zone application to Weld County. In your referral response dated August 16,2007,you expressed the following concerns or recommendations. Our response follows: • The Town of Mead's future planning area includes this tract. In fact,the development is bordered on three sides by Mead. The Town respectfully requests that this proposal be redirected to the Town to insure safe and coordinated community development. The Town would welcome the opportunity to work with the developers in much the same way • as we have done with several recent annexation projects such as Sorrento Estates and the Mead Place PUD just north of this site. A meeting took place at the Mead Town flail on September 6,2007 and included Linda Sweetman-King, Terra Visions,LLC;Lauren Balsley, Terra Visions,LLC;Julie Cozad, Tetra Tech;Mayor Richard Macomber,Mayor of Mead;Dan Dean, Town Manager for Mead;and Joe Gerdom, Town Planning Consultant to discuss the referral and possible annexation. There was positive dialogue from all who attended and the Town was to send information back regarding impact fees and other information requested by Terra Visions,LW Correspondence from Dan Dean, Town Administrator for the Town of Mead, was received on September 27,2007. We will be reviewing the information and will respond directly to Mr.Dean. At this time,the application will continue to go through the Weld County process with future discussions with the Town of Mead anticipated. • The land use layout includes commercial development immediately adjacent to the new high school site. This should not be approved unless a detailed traffic study can demonstrate how the circulation can be safely designed for the two,high volume,traffic generators. The land use layout submitted to Weld County with the Change of Zone shows multi- family development immediately adjacent to the high school site. As requested by the school district,the commercial property was moved to the north of the multi-family parcels. A detailed final traffic study is being completed by Gene Coppola and will be submitted to Weld County soon. It also includes traffic counts from the school district and will evaluate all land uses as shown on the Waterfront at Foster Lake,as well as the new high school site,as requested • 1900 S.Sunset Street Suite I-F Longmont CO 80501 Tel 303.7725282 Fax 303.772.7039 www.tetatech.com 11 EXHIBIT J ��--l�2l0 Page 2 "Et TETRA TECH Mr. Joe Gerdom • October 23,2007 • The proposal contains substantial areas for apartments. These are either located next to the new high school site or internal to the single family detached areas. Neither of these land use proposals constitutes good planning principles. We would strongly suggest these aspects of the plan not be approved. We respectfully disagree with this statement. The proposal does not show "substantial areas for apartments"but actually shows three tracts which could be single family up to multi family uses with minimum and maximum densities. These areas are shown in this manner for maximum flexibility in the future as the project develops,depending on market conditions. The school district has reviewed the plans and did not have any comments on the multi family uses adjacent to the school site. These multi-family areas may provide a diversity of housing to an area that currently does not have a lot of diversity. Good planning principles incorporate different types of housing within a neighborhood,so that there are mixed uses. These types of neighborhoods are pedestrian friendly and encourage walking and biking to the commercial areas and schools,rather than driving to those facilities. • The street layout for this proposal is in conflict with the Town's Transportation Plan. It would seem,at a minimum that the mutual interests that the County may have in roads in or near Mead would be better served by working with the Town on this proposal as to the location and width of rights-of-way. The street layout has taken into consideration the Town's Transportation Plan and has shown the required right-of-way for Weld County Road 7(3i°Street). This right-of-way was verified with the Town's Engineer. The intersection of Weld County Road 28 and Weld County Road 7 is still at it's current location.Internally, Weld County Road 28 • does bend to the south,but the roads located north and south of the high school have already been approved by Mead as a part of the site plan for the school. A study by Felsburg,Holt and Ullevig has been completed for the MUD area and our understanding is that there were meetings that included the Town of Mead • The Town would ask that this application be denied and the applicant be directed to submit an annexation and zoning request to the Town. Due to the extensive amount of time and costs associated with this project,it is the intention to continue the process with Weld County at this time. Weld County has identified the Mixed Use Development area for urban scale development and allows for projects of this nature to develop through the County. As stated above, we are open to future discussions with the Town of Mead We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH Planning Department anger • RA5161 002_ande,son\Documemsl5161_002_031Referral Agencies\COZ referral responses\Mead response 092607.doc 0 TETRA TECH October 23,2007 Mr. David Giger High Plains Regional Manager Colorado State Parks 1313 Sherman Street, Room 618 Denver, CO 80203 RE: Waterfront at Foster Lake Change of Zone Referral Comments, Weld County Project PZ-1126 Dear Mr. Giger: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Change of Zone Application. We have reviewed your comments and are addressing them as follows: • Water quality: A preliminary drainage report was submitted to Weld County for their review and approval. Storm water will be designed with"Best Management Practices" • incorporated into the construction plans and will follow all requirements of Federal, State and local laws, as required by Weld County's development review process. The final drainage report,construction plan erosion control sheets, and the Storm Water Management Plan will provide detailed requirements to prevent sediment transportation during site construction. In addition,design features such as check dams and sedimentation basins will be used to control sediment and alleviate non-point source contaminants on a permanent basis. Because the Anderson Farm had no means of controlling their agricultural runoff with regard to volume and contamination, the quality of water reaching the St. Vrain Creek will improve. • Development impacts and trail access: Careful thought was given in designing the project with approximately 36%of the development as open space,which exceeds the amount required by Weld County by 16%. We designed the open space areas around the ditches,natural drainage ways, the edges of Foster Lake and the floodplain areas along the St. Vrain Creek with wildlife and environmental concerns in mind. These areas will have limited development with some park and trail areas and can continue to be corridors for animals to move from Foster Lake to the St. Vrain Creek. • The project has buffer area setbacks which are a minimum of 225' from the St. Vrain Creek to the back of lot lines and over 1000' in portions of the southeastern developed area of the project. It is our opinion that this is an extensive setback and is adequate to protect any view sheds, wildlife or environmental concerns. Additionally, we have added • mitigation design criteria to our Change of Zone application to apply to some of the 1- 1900 5.Sunset Street,Sufe I-F Longmont CO 80501 m Tel 303.7725282 Fax 303.772.7039 wwwtetratech,com Page 2 TETRA TECH Mr.David Giger October 23,2007 • southern lots. The lots that will be impacted by the design criteria will be identified on the Change of Zone plat and are shown on the attached exhibit. The criteria that will pertain to those lots are listed below: Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors(including the colors of basement walls on the downhill side of the structure)and roof surfacing materials; (a)repeat the colors found most commonly in the land and vegetation around the building(earth tone), and(b)have a light reflective value of no more than forty percent(40%). Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall or roof surface. Vegetation: The area around each primary structure and accessory structure shall include at least one (1)tree of a species with a mature height of at least thirty-five (35)feet for each two thousand five hundred (2,500) square feet of lot or parcel area; provided, however,that this requirement shall not require any single-family residential lot to contain more than eight(8) trees. At least fifty percent(50%)of the total number of trees required on the lot or parcel shall be located within fifty(50) feet of the primary structure on the south side of the primary structure. a In addition, to the maximum degree feasible,during overlot grading,all existing mature vegetation with a height of more than three(3) feet,other than noxious plants and weeds, shall be preserved.Any existing trees that meet the height requirement are counted towards satisfaction of the tree requ. ement. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees or other outdoor areas shall use full cutoff light fixtures. A full cutoff light fixture is one in which no more than two and one-half percent(2.5%)of the total output is emitted at ninety degrees(90°)from the vertical pole or building wall on which it is mounted.All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. • Trail access: The trails, roads(some with bike lanes)and sidewalks connect to adjacent properties,including the new high school and planned developments in the area. The applicant does not want to incorporate a pedestrian bridge from the development into St. Vrain State Park at this time. • There are several concerns regarding safety for future residents of the Waterfront Development,for example State Park visitors may park within the residential neighborhoods to avoid paying park fees and additional policing of the neighborhood • may be required because of the potential impacts. These impacts may include trespassing,trash problems,parking problems,use of the Waterfront restrooms and overnight camping within the Waterfront parks and open space areas. We believe these impacts will also be a detriment to wildlife,the environment and the floodplain. Page 3 TETRA TECH Mr. David Giger October 23,2007 • The Weld County Planning Department has verified that the trails shown within the Waterfront at Foster Lake development meet the requirements of the Mixed Use Development Chapter of the Weld County Code. • Floodplain: The open space area on the southern portion of the property(shown on the attached exhibit), adjacent to the St. Vrain Creek, is within the 100 year floodplain. There are areas within the St. Vrain Creek itself, which are within the designated floodway. The Waterfront project was specifically designed so that there are no residential lots within these areas and the open space was carefully planned for passive recreational uses and limited disturbance, to lessen any impacts. Another concern with the pedestrian connection across the St.Vrain Creek is that the County does not allow for any structures, as defined in the Weld County Code, to be placed within the floodway. Weld County's Code defines structures as"Anything that is built, constructed or erected, an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of public utilities." • The St. Vrain Creek has many sensitive areas, including some jurisdictional wetlands, according to our environmental report submitted with the Change of Zone application to Weld County and verified by the Army Corps of Engineers. The Division of Wildlife(DOW) recommends that trails, intensive recreational uses and other activities be located at the edge of the floodplain at a minimum,so that wildlife is not being disturbed in their natural environments. Their recommendation is that picnicking and wildlife viewing should be minimized within these areas. The Waterfront project has incorporated recommendations from the Army Corps of Engineers and DOW into our plans. It is our opinion that a pedestrian bridge connection in this area would be harmful to the natural environment, including wildlife and if allowed by Weld County,would require extensive engineering due to the floodway with the St. Vrain Creek. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. We would be happy to meet with you to discuss these matters further. Thank you for your referral for this development. Sincerely, TETRA TECH 0.4__Aitee0.- eorary • Julie Cozad C Planning Department Manager R'.\5161 00:endason\Daumcara\5161 00:03`,Refenel Agent's,\COZ referral rapormcs\SI*am State Puts rapers°10007.doc - LOTS AFFECTED BY • MITIGATION (// ii , -DESIGN CRITERIA ., \it,,,,,4i%/iii% IIRqW - a/ %�/F . ///,,,,,..,„x....,,.,,,,. / 5 ,j// /% . /i j,///i % _ . tt41 • 4 ; .? 4 /-444,? • • .,/j ftj r . f /j • •j j/�% j �� / •FLOODPLAIN ik$ atria,1 °' _ /�' (;) z- LEGEND: 1"=300' • zr'- -r %//////%///// LOTS AFFECTED 0 150' 300 • _� -""" _: -•T'1—F ' FLOODPtAM ... SL VRAM CREEK - N. g la w Drawing Description Project No.: 80-5161-002-00 i ® TETRA TECH LOTS AFFECTED BY Date: 10-22-07 :s MITIGATION DESIGN Designed sr: JC ,V,W,.tel,,,,c,.cm CRITERIA Drawing No. 10 1600 S.SUNSET sTREEr PNoNe muCO 0050i m minion WATERFRONT AT FOSTER LAKE I Copyright: Tetra Tech ® TETRA TECH October 23,2007 Mr.Ken Poncelow Weld County Sheriff's Office 1950"O"Street Greeley,CO 80631 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ- 1126 Dear Mr. Poncelow: Thank you for your referral for the Waterfront at Foster Lake,Change of Zone application to Weld County. In your referral letter dated August 24,2007,you expressed the following concerns or recommendations. Our response follows: • The Sheriff's Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. The plan should be able to accommodate an area for a shelter and pull off for the school bus at the entrance area of the subdivision. This will be further evaluated at the Final • Plat application stage. • Either mail distribution within the sub-division or a central drop off location within the sub- division should be developed so that residents do not have to cross a county road to obtain their mail, The Final plat will show areas within the subdivision for mail distribution. • A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division,address,and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. A permanent monument sign will be designed at the entrance to the subdivision and will include the name of the development A permanent map with the name of the development and a graphical presentation of the roadways within the subdivision will be located within the bus shelter or mail distribution area close to the main entrance of the development. The 110A will maintain the signage. • If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriff's Office will have limited traffic enforcement powers. The roadways with the subdivision will be maintained by the Waterfront at Foster Lake Metropolitan District or other jurisdictions if they accept the roadways. The District and the associated Metro District Service Plan have been approved by the Weld County Commissioners. All new residents will be noted of all maintenance issues and enforcement powers. • A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. It is acknowledged that a plan should be developed to maintain roadways within the subdivision,especially during inclement weather conditions for emergency vehicles. As • 1900 S.Sunset Street,Suite I-F Longmont,CO 8050 Tel 303.772.5282 Fax 303.772.7039 wwwtetratech.com EXHIBIT Ala Page 2 TETRA TECH Mr.Ken Poncelow:11 October 23,2007 stated above,a Metropolitan District has been formed which accommodates road maintenance. Other jurisdictions may accept and maintain the roadways,as an alternative. • The Sheriff's Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact of the Sheriff's Office and a means of maintaining common areas. A homeowner's association will be formed and covenants will be submitted with the Final Plat application. A contact will be provided to the Sheriff's Office. A mechanism for maintaining common areas has been established through the Metropolitan District and may be through an HOA. • If there are oil or gas production facilities within the subdivision,they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. There are several oil and gas facilities within the subdivision and we will continue to work with Anadarko,the facilities operator,on the property. A Surface Use Agreement is currently being finalized All of their facilities are fenced and by State and Federal regulations,the oil and gas companies are responsible for any environmental damage, mitigation and clean-up costs. • The names of all streets within the sub-division should be presented to the Sheriff's Office for approval. This will eliminate duplication of street names within the county. The street names will be finalized with the Final Plat application and will be forwarded to the Sheriff's office for approval so that there is no duplication of street names within • the county. • The Sheriff's Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. Weld County requires all urban scale projects to be included into the Law Enforcement District that has been established We will be going through the process at the time of Final Plat or work with a municipality or other jurisdiction to provide law enforcement We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH %CV( Planning Department Manager • R:15161_002_anderson\Documents15161_002_03\Refeml Agencies\COZ referral responses\Sheriff office response 092607doc lbTETRA TECH • October 23,2007 Mr. Ryan ICragerud,AICP Planning/GIS Specialist St. Vrain Valley School District Planning Department 395 S. Pratt Parkway Longmont, CO 80501 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ-1126 Dear Mr. Kragerud: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Change of Zone Application. In your referral letter dated August 15,2007,you expressed the following concerns or recommendations. Our response follows: • • SCHOOL CAPACITY: Specific Impact- This impact is acknowledged Benchmark Determination- The benchmark determination is acknowledged Additional Capacity Impacts- It is acknowledged that High School 7 will add additional capacity and will open in the Fall of 2009. Mitigation Options- It is acknowledged that the School District has a voluntary,per unit payment to provide additional capacity for the District The developer is willing to discuss this option. Phasing Plan- A phasing plan was submitted with the Change of Zone application, however may not have been provided to the District A copy of the phasing plan is enclosed with this letter. • LAND DEDICATIONS AND CASH IN-LIEU FEES Land Dedication and/or Cash-in-lieu requirements- It is acknowledged that the District does not anticipate the need for another school site in this area and is not shown on the Waterfront at Foster Lake project, so that the District will assess CIL fees. The fees provided with the referral are current fees and fees paid will be those in effect at the time of payment • Gt0 1900 S.Sunset Street Suite I-F Longmont,CO 80501 Z E Tel 303.772.5282 Fax 303.7717039 www.tetratech.com i anon 0 Page 2 TETRA TECH Mr. Ryan Kragerud October 23, 2007 • Number of Units covered by dedication/cash-in-lieu- It is acknowledged that all residential units will be subject to CIL fees and paid for at the time of building permits with Weld County. • TRANSPORTATION/ACCESS Provision of Busing- It is acknowledged that busing for this project, under the current boundaries, would most likely be provided Pedestrian/Access issues- It is acknowledged that due to the proposal's rural location,pedestrian access to neighboring schools will not be an issue. In addition, we have taken great care in providing pedestrian access to the new High School 7 site from the development and worked with the District specifically on access into the High School site. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, • TETRA TECH Julie Cozad Planning Department Mana • R:15161002_anderson\Documents15161_002_031Referml Agencies sCOZ referral responses 1St.Vrain School District response 092607.doc • FILING 1 FILING 7 FILING 2 ANDERSON FILING 3A HONEST NOTAPART FILING 10 33 FILING 8 *-t‘G C2 • FILING 4 FILING 9 FILING 5\ct1/417) i � rFILING 6 ly d N 1900 S.SUNSET ST., irtTETRA TECH LONOAIONT.co 80501 SCALE: 1"=1000' MAIN:303.772.5282 FAX: 303.772.7039 PHASING MAP 6-13-07 NEW 1 OF 1 JOB# 80-5161.002.00 NMTETRA TECH • October 23, 2007 Ms. Nancy McIntyre Longmont Conservation District 9595 Nelson Road,Box D Longmont, CO 80501 RE: Waterfront at Foster Lake Change of Zone Referral Comments, Weld County Project PZ-1126 Dear Ms. McIntyre: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Change of Zone Application. We have reviewed your comments and are addressing them as follows: • Water quality: It is acknowledged that the St. Vrain Creek and Foster Lake are adjacent to this parcel, the Outlet#3 Ditch runs through it, as well. Careful planning has considered these facilities and the design incorporates them into the plan in a responsible manner. As indicated, substantial buffer areas are shown along the St. Vrain Creek, • Foster Lake and the ditches. A preliminary drainage report was submitted to Weld County for their review and approval. Storm water will be designed with"Best Management Practices"incorporated into the construction plans and will follow all requirements of Federal, State and local laws, as required through the development review through Weld County. • Noxious weed control: Noxious weeds will be managed in disturbed areas and in designated open space through a weed management plan. This plan will be completed with the Final Plat application to Weld County. • Soils Limitations: Soils have been evaluated on the property, including groundwater investigations. Lot specific geotechnical investigations are required prior to building permits in Weld County. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA CH 2 (/ %Ai° ulie Cozad Planning Department Manager • r 1 900 5.Sunset Street Suae I-F Longmont CO 80501 Tel 303.7715282 Fax 303.7717039 www.tetratech.com R:\5161_002_anderson\Documents\5161_002_03\Referral Agencies\COZ referral responses\Longmont SD response 092407.doc lbTETRA TECH October 23,2007 Mr. Mark Leslie Area Wildlife Manager State of Colorado, Department of Natural Resources Division of Wildlife 6060 Broadway Denver, CO 80216 RE: Waterfront at Foster Lake Sketch Plan Referral Comments, Weld County Project PK-1126 Dear Mr. Leslie: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Sketch Plan Application. We have reviewed your comments and are addressing them as follows: • • Careful thought was given in designing the project with approximately 36%of the development as open space, which exceeds the amount required by Weld County by 16%. We designed the open space areas around the ditches,natural drainage ways, the edges of Foster Lake and the floodplain areas along the St. Vrain Creek,with wildlife in mind. These areas will not be developed,with the exception of some park and trail areas and can continue to be corridors for animals to move from Foster Lake to the St. Vrain creek. • Buffer areas along the Foster Lake shores avenge 125' to the back edge of any lot lines; buffer areas along drainage ways(including the Outlet#3)are a minimum of 150' and in some areas are substantially wider; buffer areas from St. Vrain Creek are a minimum of 225' and are up to 1000' feet in some areas. It is our opinion that these setbacks are adequate to minimize any impacts or conflict with wildlife. • The small pond area referred to in your letter will actually be a series of ponds and will be designed to remain on the property as a natural area, with some trails and possibly some recreational opportunities, such as fishing and wildlife viewing. It is our intention to incorporate as much of the existing vegetation around these ponds as feasibly possible. Some of the vegetation may need to be disturbed during construction;however the landscape plan will incorporate native species to enhance existing vegetation. • Noxious weeds will be managed on the property. • It is our understanding that wildlife are attracted to and may cause damage to ornamental landscaping,trees, shrubs and other plants on private property. • CO 1900 S.Sunset Street Suite I-F Longmont.CO 80501 1 {. Tel 303.7715282 Fax 303. 72.7039 www.tetratech.com iLLSI \ ' 4 0 Page 2 TETRA TECH Mr. Mark Leslie October 23,2007 • • Language will be incorporated into our plans providing information to the future residents regarding the possibility of hunting in the area and the existence of wildlife, including native predators. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH a , ulie Cozad Planning Department ager S. • 1" :c 41.1,90 aal,:two Dwumcnt,5 0I o- V?':Kckii1 i a}vmieCCOZ rcfrnal zcspouar:Jmismu of Wildlife rcpousc let lcndw 1 ititi TETRA TECH • October 23,2007 LuAnn Penfold Fire Marshal Mountain View Fire Protection District 9119 County Line Road Longmont,CO 80501 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project Pi- 1126 Dear Ms Penfold: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Change of Zone Application. In your referral letter dated August 17,2007,you expressed the following concerns or recommendations. Our response follows: • Fire apparatus access- Secondary emergency access will be provided for each phase as it is developed and the roads will be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds). • • Fire hydrants- The Final Plat application to Weld County will include subdivision fire hydrants spaced along fire apparatus access roads so that spacing between hydrants does not exceed 500 fret and a hydrant is located within 250 feet of the front property line of all lots. Construction plans for the utilities will be submitted to the The District for review and approval prior to construction of the project streets. • • Phasing- We will continue to work with the District as the development proceeds. A phasing plan was submitted with the Change of Zone application,however may not have been provided to the District. A copy of the phasing plan is enclosed with this letter. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH A 97 • (fill.121 1 Coz e ad Planning Department Ma • 1900 S.Sunset Street,Suite I-F Longmont CO 80501 m Tel 303.7725282 Fax 303.772.7039 wwwtetratech.com ('� 215161 002_andmaon\Documents15161 002_03\Referral Agencies4COZ referral respoosea Mountain View Fire Protection response 092407.doc �l • FILING 1 FILING 7 FILING 2 FILING 3A Luc NOTAPART FILING 10 g6 FILING 8 FQgvGe • FILING 4 N r FILING 9 1 FILING 5 j FILING 6 `' r I(NN; 1900 S.SUNSET ST.. DTETRATECH SUITE 1{ RLONGMONf,CO 80501 SCALE: 1"=-1000' MA�Pt '5 FAX 303.772.7039 PHASING MAP 6-13-07 NEW C JOB# 80-5161.002.00 OF 1 A litTETRA TECH • October 15,2007 Mr. Mark Detsky Bernard Lyons Gaddis&Kahn, PC 515 Kimbark Street Longmont, CO 80502-0978 RE: Waterfront at Foster Lake Change of Zone Comments; Case No. PZ-1126, Application of HF Holdings, LLC Dear Mark: Thank you for your response to the referral letter from Weld County dated July 23,2007 for the Waterfront at Foster Lake change of zone application. In your referral letter dated August 23, 2007,you expressed several concerns and recommendations related to the Sanborn Reservoir Ditch Company and the proposed Waterfront at Foster Lake development. On October 3, 2007,Tetra Tech met with representatives for the Sanborn Reservoir Ditch • Company (Sanborn)to begin discussions regarding design criteria and potential improvements to the outlet ditch and its interconnection with Outlet#3. It is the intention of the developer and Tetra Tech to work with Sanborn to obtain a written agreement for any improvements to these structures,to obtain the necessary approvals through the appropriate jurisdictions, and to provide engineering plans for review as outlined in the attached meeting minutes. We look forward to continuing to work with the Sanborn Reservoir Ditch Company toward a mutually beneficial outcome. Sincerely, TETRA TECH Becky Eustia,MSCE Civil Engineering Manager Civil Engineering and Land Planning Department R:15161_002_anderson\Documentst5161_002_03\Refemal Agencies N. referral responses\Snbm resp 100907.doc • 1900 S.Sunset Street Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.7727039 www.tetratech.com >( (�JJ( W **nu • Date:October 3,2007 Meeting Minutes Time: 1:30 pm Location: Highland Ditch Company Office Protect: Waterfront at Foster Lake Subject: Pre-application for Change of Zone Attendees: See Sign-In Sheet Attached. Minutes by: Cathy Leslie Minutes: Items of Discussion: Engineering Questions: 1. What are your preferences regarding engineering appurtenances such as valves, gates,head gate structures, metering devices,pipe materials,etc. (Outlet#3, Sanborn). Typically, Waterman equipment is used and the companies do not keep any stock equipment that needs to be matched. Require metering devices at all toe drains, turnouts and gates—preferably with phone line or telemetry systems. Head gates to be"concealed"with a fence or housing. • Security is also an issue. For the Sanbom lateral, we may need to replace the existing pipe and valve at the outlet pipe for Sanbom Reservoir. 2. What are the required diversion locations and related flow rates? (Outlet 3, Highland) We marked up a map in the meeting with the headgete locations and the approximate flow rate for each facility. As far as the discharge rate from the dam, although there is an existing pipe, we need to cross-check this with the discharge rating curve of the facility. Duane will help with this. In addition to considering the service flow and the toe drain flow, the pipe replacing Ditch #3 should be able to carry the maximum flow that the current outlet can discharge. This depends on the proposed configuration of the proposed outlet structure. 3. What are the access and maintenance requirements for the ditches and appurtenances? (Sanborn,Outlet#3) The ditches and facilities need to be accessible at all times, with operational structures being fenced or closed off from the public A multi-use recreation trail will provide access to all facilities. 4. What are'windows'for construction and annual operational maintenance that will be a factor in the timing for dam,spillway,and ditch improvements? (Highland,Sanborn, Outlet#3) Typically, the construction season is October 1 through mid-March. However, for dam related improvements, the Highland would prefer/require that the improvements begin October 1 and target completion ASAP within that year. The tentative schedule that we will be working for is complete approvals and agreements by mid-September(including Weld County, SEO, and the Companies)so construction can start. This is an 11 month approval window. Jeff Kahn did state that he would not over lawyer"the agreements and that they would not be a bottleneck. 5. Are there record drawings available for the toe drains or dam perforations? (Highland) Dave knows where these are. The Toe drains outlet into Outlet#3. Cameron will schedule a walk • with Dave. Floyd or Doug Adler may be able to help locating any other pipes—le draining to Ten Tech Page 1 of 4 C.'Documents and SeltlngelBecky.EustiroMocal Semngs%Temporary Internet Fees1OLK7381MNutes from 03 Oct 2007.doc St Vrain. The toe drains will be connected to the Ditch#3 replacement pipe. The Highland • Ditch Company also expressed a preference to have a single perforation in the dam rather then multiple. 6. Can we modify the parapet wall? (Highland) The parapet wall belongs to the Highland and it is used for seepage control. As long as the SEO office approves, the Highland may not object to cutting the wall off at the ground. General Design Questions: 1. We have proposed moving the spillway to the east of the dam. Is moving the spillway to the current breach location(at Outlet#3 outfall)an acceptable alternative? (Highland) The Highland has agreed to consider this alternative and there may be a benefit to them as that is a section of the dam that is in relatively poor condition anyway and moving the spillway hem, with its associated construction, may actually help. 2. Is the Highland amenable to the release of storm drainage directly into the Reservoir from the rear lots along the lake? (Highland) There Is a concern of direct release as far as total volume and water quality. 17 agreed to divert all drainage water. If during design, this becomes problematic,Highland may consider but at this time, all water is being diverted. 3. Is there any published construction standards/specifications? (Highland,Outlet#3,Sanborn) Utilifze the SEO's standards for damns,and Bureau standards for the rest, or typical standards for this type of work. Them are no'company specific'standards. Spacing of 400' for access to the pipe seemed acceptable. 4. In the interest of efficiency,we propose to submit 50%and 80%engineering plans for company review and comment prior to producing 100%plans. We would be happy to meet • with the appropriate staff at each stage, once the review is completed,to answer questions. Please provide the appropriate contacts to receive these plans. (Highland,Outlet#3, Sanbom) This schedule was acceptable with another face to face meeting at 50%. There will be other meetings with Duane as we progress forward, specifically the SEO's office. We are to get all information to Jill and she will disseminate. 5. We would like to walk the lake boundary to determine areas where it should be moved to accommodate the existing conditions. When would be a convenient time? (Highland) Cathy will contact all parties when the staking is complete. 6. is there a preferred location for a pump house for the non-potable irrigation system? (Highland) Highland had had an initial design previously for this. However, the bigger issue is the best way to accomplish this purpose for all concerned. Everybody will explore this further once the engineering is underway on the other issues. General Discussion: It is unclear if the Outlet#3 shares have transferred completely. Cathy to check. The desire to construct Filing 1 ahead of the remainder of the development was also discussed. As long as no drainage water was placed either into Outlet#3 or Foster Reservoir, it appeared that there were no other improvements necessary for the Ditch Companies nor did the Ditch Companies see a need for any approvals. We discussed the piping of Outlet#3 and the ability to remove some of the bends in it(CDOT project)with the removal of the Anderson headgates. This was seen as desirable. • Tetra Tech Page 2 of 4 C:\Oxummne and Settings\Becky.Euaec.LL0W SettIngraempmery Internet Fles\OnCrAMInutes fran 03 Oct 2007.doc Action Items: • Duane—to look at the dam penetration and to see if remedial work is needed -to look at locating a rating curve for the outlet works Outlet#3—to look at the request for piping of the entire length of Outlet#3 Highland—to look at spillway locations and,eventually, the pump house location TT—to get property line staked for a group walk-through TT—check to see if Outlet#3 shares are in the appropriate hands TT—to provide Mark and Duane with color pdf's of the Waterfront site plan • • Tetra Tech Page 3 of 4 C.Mlocumenis and SettIngsaedry.Eustlettocel Settings\Tpryorary Internet Rles\OLK738VMWee from 03 Oct 2007Aoc MEETING SIGN-IN • LOCATION: HIGHLAND DITCN COMPANY Wednesday,October 03,2007 1:30 P.M. Name Company Phone Number E-ma0 1. E'er>/er 77 303 ina.r.aiz 4 +,e4G L.� t5str`ej 2.Amend✓ hair's %r ft �` I t laµ..,,,0n. Ew+tht5eYC{ 3�ab SeNtAGet y-tGytaaO Dual R7a3'35 - 431/ � 'P 4 Lesli¢ 59 -r-r- atm-4nz-52s� ca+M�let lir @e cra. 5.fl44 s tut,EIOt4 ITT t r " v' Poria ++"°r'F�4ei.c 6..,JnI 6OCf,lnlar/� ftr, A1An et 120 -z7.�-9/31 , M 7 / /Gf.�f/�atn�cV l/cy�/m.i 35 nvi 38J-W4 a&,Sek)e4g�ot.�: 8. - ct 7 .ca 9. 10. , H yidadel 920-Crp gala ,,74 $LCD f—K $e7-T?f,-lyoa a.Ap tLa. 11' nark. 9e.}sk>1 4t-(rk- " r.Acts loaelt liaisn I "'" _ 12. 13. 14. 15. • 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 7. • Tetra Tech Page 4 of 4 CaDocuments and SeanpssBedry.Eusticetocal Settingeffemporary Internet Flies\OLK7331Mnutes from 03 Oct 2007.doc itTETRA TECH • October 25,2007 Erin Fosdick, Planner Department of Community Development Planning and Development Services Division City of Longmont Longmont, CO 80501 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ-1126 Dear Ms.Fosdick: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Sketch Plan Application. In your referral letter dated August 22, 2007,you expressed the following concerns or recommendations. Our response follows: • Urban services: Although this project is urban scale, Weld County has identified the Mixed Use Development area for urban scale development. Water and sewer services will be provided by the Longs Peak Water District and St. Vrain Sanitation District. The Weld County Sheriffs Office will provide law enforcement. St.Vrain School District is currently constructing a new high school with a future middle school,adjacent to the property and • elementary schools are planned in the surrounding area. Mountain View Fire Protection District will provide fire protection. • Connectivity to overall trail system: The trails,roads(some with bike lanes)and sidewalks connect to adjacent properties, including the new high school and planned developments in the area. The applicant is not willing to incorporate a pedestrian bridge from the development into St. Vrain State Park at this time. There are several concerns regarding safety to future residents when State Park visitors park within the residential neighborhoods to avoid paying park fees, impacts to the wildlife,the environment and floodplain issues. We have reviewed the MUD Structural Land Use Map 2.1 and discussed the matter with the Weld County Planning Department. The map shows a connection to the Regional trail on property further to the west of the Waterfront project. After reviewing the maps it is our understanding that this project meets the requirements for the MUD standards for trails. • Open space: Careful thought was given in designing the project with approximately 36%of the development as open space, which exceeds the amount required by Weld County. We designed the open space areas around the ditches, natural drainage ways,the edges of Foster Lake and the floodplain areas along the St. Vrain Creek, with wildlife and environmental concerns in mind. These areas will have limited development with some park and trail areas and can continue to be corridors for animals to move from Foster Lake to the St. Vrain Creek. • Views: The project has minimum buffer area setbacks of 225' from the St. Vrain Creek to the back of lot lines and over 1000' in some areas on the south eastern developed area of the project. It is our opinion that this is an extensive setback and is adequate to protect any view • sheds. r 130.S.Sunset StreeFax Suite L wwwnt,CO .con Tel 303.7715282 303172.7039 wwwtetratech.comR:15161_002_anderson\Documents\5161_002_03\Referral Agencies�COZ referral responsS.City of Longmont responsel01907.doc Page 2 it TETRA TECH Ms. Erin Fosdick October 25, 2007 • Additionally,we have added mitigation language to our Change of Zone plat maps for the southern lots, which will be identified on the plat, as follows: Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors (including the colors of basement walls on the downhill side of the structure)and roof surfacing materials; (a)repeat the colors found most commonly in the land and vegetation around the building(earth tone),and(b)have a light reflective value of no more than forty percent(40%). Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall or roof surface. Vegetation: The area around each primary structure and accessory structure shall include at least one (1)tree of a species with a mature height of at least thirty-five(35)feet for each two thousand five hundred (2,500) square feet of lot or parcel area;provided,however,that this requirement shall not require any single-family residential lot to contain more than eight(8) trees. At least fifty percent(50%)of the total number of trees required on the lot or parcel shall be located within fifty(50) feet of the primary structure on the side of the primary structure facing the nearest viewing platform. • In addition, to the maximum degree feasible, during overlot grading, all existing mature vegetation with a height of more than three (3) feet,other than noxious plants and weeds, shall be preserved.Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirement. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees or other outdoor areas shall use full cutoff light fixtures. A full cutoff light fixture is one in which no more than two and one-half percent(2.5%) of the total output is emitted at ninety degrees(90°) from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA CH u e Cozad Q Planning Department M ger • IIIIIIIIIII1 IIIIIIII1I IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII 3443765 12/27/2006 10.548 Weld County, CO •in 1 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder DISTRICT COURT,WELD COUNTY, COLORADO 915 I0T"Street Greeley,CO 80631 DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. MEAD CROSSINGS,LLC.,A Colorado Limited Liability Company; HORIZON BANKS,National Association,a United States Banking Association; UNION PACIFIC RAILROAD COMPANY,a Delaware Corporation; BARBARA WEBB AUSTIN,formerly Barbara Webb; EDMUND F.WEBB; KERR-MCGEE OIL&GAS ONSHORE LP,a Delaware Limited Partnership; • PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation; TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION,INC., a Colorado Cooperative Association; UNITED POWER,INC.,A Colorado Cooperative Association; PANHANDLE EASTERN PIPE LINE COMPANY,A Delaware Corporation; TOWN OF MEAD,COLORADO,a municipal corporation; R&M LAND,LLC.,A Colorado Limited Liability Corporation; LOUISE ANDERSON AS TRUSTEE OF THE EDWIN A.ANDERSON FAMILY TRUST; p,{=?f:`i :"'G::1 tT.kNU Pt EASE MAIL TO; LOUISE ANDERSON AS TRUSTEE OF ar (J Turr:4or'ration THE ESTATE OF EDWIN A. 4'.,'i -. ''° A..,o„ 4th F:oar ANDERSON CITUr i t‘;') of Way Section FIRST NATIONAL BANK AS PERSONAL REPRESENTATIVE OF THE ANDERSON FAMILY TRUST; • EXHIBIT s 1111111 1111 l 11111 111111111 111111111111 3443755 12127/2006 10:54A Weld County, CO • 2 of 39 B 196.00 D 0.00 Steve Moreno Clerk& Recorder JAMES EDWIN ANDERSON; 1 BARBARA MARIE FOOS; JOSEPHINE ESTHER ANDERSON; LEROY J. LOUWAGIE; CALIFORNIA HOMES, INC., a Colorado Corporation; THE FIRST NATIONAL BANK OF LONGMONT AS TRUSTEE OF THE SUSAN ADRIAN IRA; MACLOVIO MARTINEZ; FRANCISCO MARTINEZ; IDA MARTINEZ; FERDINANDA MARTINEZ; DOUTHIT LONGMONT,LLC.; I PAUL HANSON; MACLOVIO MARTINEZ,AS A WATER USER; LOUIS RADEMACHER; RON SCHMIDT; JIM ANDERSON; MIDWEST HERITAGE INN OF VISALIA, INC., A North Dakota Corporation; MIDWEST HERITAGE INN OF DEPTFORD, • INC., A North Dakota Corporation; DONALD S. MUELLER,Treasurer Of Weld County; and MARY HERGERT, Public Trustee Of Weld County, ♦ COURT USE ONLY • Respondents. JOHN W. SUTHERS,Attorney General Case No.: 2006CV810 LARRY TANNENBAUM, Senior Assistant Attorney General* Div.: 1 1525 Sherman Street, 5th Floor Denver,CO 80203 (303) 866-5129 Registration Number: 3552 *Counsel of Record _ NOTICE OF US PENDENS 2 •• ! • . . .. P.ioti t : :r.: '(' P;I%:r • 1 1111 1111 11111 11111 111111 111111 III 11111111 11 • 3443755 12127/2006 10:54A Weld County, CO 3 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder TO WHOM IT MAY CONCERN: You and each of you will please take notice that on October 23,2006,the above-named petitioner instituted an action in the District Court in and for the County of Weld County and State of Colorado,which action is numbered Civil Action No.2006CV810 in said court,against Mead Crossings, LLC., and others as named above. Petitioner seeks to condemn for highway purposes certain parcels of real property situated in the County of Weld, State of Colorado,as described in Exhibit "A,"which is attached hereto and incorporated as a part hereof,and to deny access to certain parcels of land as described in Exhibit"B," which is attached hereto and incorporated as a part hereof. DATED: This 7th day of December,2006. JOHN W. SUTHERS Attorney General LARRY D.TANNENBAUM,#3552 Assistant Attorney General Litigation Section • 1525 Sherman Street,5th Floor Attorneys for Petitioner Subscribed and sworn to before me in the City and County of Denver,State of Colorado, this 7th day of December,2006. r /(J NOTARY PUBLIC Myexpires: y.C3—t3 �,�`5a qA. Commission 1 3 My eaari!Yetnamc n uti%tgef .: lilir• i4. AT cfdl'lOF,i. fii,t1,r of way Secs or: • Ilrlll 11111 IN(r 011111111111111111111111 Intl! III! NH-IRCX 025-3(109)Unit 6 3443736 A 196/006 0 0.00 Ste10:54A ve I Moreno Cl C0 erk& Recorder • Parcel Number:606 IBIT"A" PROJECT NUMBER INH RCX 025-3(109)Unit 6 PARCEL NUMBER: 606 PROJECT CODE: 91032 DATE: November 30, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 606 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109)Unit 6,containing 33,252 square feet(0.763 acres), more or less, in Lot SC,Mead Crossings Subdivision,in the NE 1/4 of Section 27,Township 3 North, Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the East 'A corner of Section 27, T. 3 N., R. 68 W., of the 6'h P.M.; Thence S. 89°04'54" W.,along the south line of the NE 'A of said Section 27, a distance of320.05 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43"E., parallel to the east line of the NE ''A of said Section 27, a distance of475.67 feet to the north line of Lot 5C,Mead Crossings Subdivision; 2. Thence S. 89°53'17" E., along said north line, a distance of 70.00 feet to a point on the west right of way line of I-25(September 2005); 3. Thence S. 0°06'43" W., along said west right of way line, parallel to the east line of the NE 'A of said Section 27, a distance of 474.41 feet to the east-west A section line of Section 27; 4. Thence S. 89°04'54" W., along the south line of the NE ''A of said Section 27, a distance • of 70.01 feet,more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 33,252 square feet(0.763 acres),more or less. Basis of Bearing:All Bearing's are based on a line connecting the W 'A corner of Section 26, T. 3 N., R. 68 W. of the 6' P.M. (2"Alum Cap set in range box, stamped W % S�27, T3N, R68W, 1994, PLS 23500),and the W''A corner of Section 27,T. 3 N.,R. 68 W. of the 6 P.M. (2"Alum Cap, 6" below surface of gravel mad, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. o„s O. Aft 4Sr9 stunit:4, For and on Behalf of the Colorado Department of Transportation David G.Mantych, PLS 16412 1=' "mie; :'e 'F`r' "•`.", ,- 1O 14202nd Street Greeley,CO 80631 r ;, .:t, ;;ten• ..,ocrian 41111 . NH-IRCX 025-3(109)Unit 6 5 3$43766 12127/2006 10.64$ Weld CDUnty, CO Parcel Number:607 0$4113755)11 39 R 196.00 0 0.00 Steve Moreno Clerk!1t!t!!Ler EXPROJECT NUMBER:INHI R IBT,CX 025-3(109) Unit 6 PARCEL NUMBER: 607 PROJECT CODE: 91032 DATE:November 30, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 607 of the Department of Transportation,State of Colorado,Project No.NH-IRCX 025-3(109)Unit 6,containing 26,418 square feet(0.606 acres),more or less, in Lot 5B,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the East ''A corner of Section 27, T. 3 N.,R. 68 W.,of the 6th P.M.; Thence S. 89°04'54" W., along the south line of the NE ''A of said Section 27,a distance of 320.05 feet; Thence N. 0°06'43"E.,parallel to the east line of the NE ''A of said Section 27, a distance of 475.67 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43"K,parallel to the east line of the NE ''A of said Section 27, a distance of 377.40 feet to the north line of Lot 5B, Mead Crossings Subdivision; 2. Thence S. 89°53'17"E.,along said north line,a distance of 70.00 feet to a point on the west right of way line of 1-25; 3. Thence S. 0°06'43"W.,along said west right of way line,parallel to the east line of the • NE ''A of said Section 27,a distance of 377.40 feet to the south line of Lot 5B,Mead Crossings Subdivision; 4. Thence N. 89°53'17" W., along said south line,a distance of 70.00 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 26,418 square feet(0.606 acres),more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R. 68 W. of the 6t° P.M. (2" Alum Cap set in range box, stamped W ''A S27, T3N, R68W, 1994, PLS 23500),and the W /,corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. .e.-•°oice_owes 9 4 6412 \° ati p For and on Behalf of the °b Colorado Department of Transportation David G.Mantych, PLS 16412 1420 2n' Street Greeley, CO 80631 • 1111111111111111111111 Milt 11111 1 I I 1111111111 I I I I NH-IRCX 025-3(109)Unit 6 344375512/27/2006 10:54A Weld County, CO • Parcel Number:609 6 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT "A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: 609 PROJECT CODE: 91032 DATE:November 30, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 609 of the Department of Transportation, State of Colorado,Project No.NFI-IRCX 025-3(109)Unit 6,containing 50,873 square feet(1.168 acres),more or less, m Lot 7B,Mead Crossings Subdivision, in the NE 114 of Section 27, Township 3 North,Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the East %,corner of Section 27, T. 3 N.,R. 68 W.,of the 6th P.M.;Thence S. 89°04'54"W., along the south line of the NE 'A of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43"E.,parallel to the east line of the NE 'A of said Section 27, a distance of 1151.62 feet to the south line of Lot 7B, Mead Crossings Subdivision the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43"E.,parallel to the east line of the NE ''A of said Section 27, a distance of 287.16 feet; 2. Thence N. 16°39'22" W., a distance 0f 301.07 feet to the north line of in Lot 7B, Mead Crossings Subdivision; • 3. Thence S. 89°52'49"E.,along said north line,a distance of 109.28 feet to a point on the west right of way line ofI-25; 4. Thence S. 15°40'05"E.,along said west right of way line,a distance of 174.97 feet to a angle point on the west right of way line oft-25; 5. Thence S. 0°06'43" W., along said west right of way line,parallel to the east line of the NE S:of Section 27, a distance of 466.50 feet to the southerly line of in Lot 7B, Mead Crossings Subdivision; 6. Thence N. 49°32'36"W., along said southerly line, a distance of 91.84 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 50,873 square feet(1.168 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R.„68.W. of the 6 P.M. (2" Alum Cap set in range box, stamped W 'A 527, T3N, R68W, 1994,/PLS 2 00),and the Wjd, 6t'htya�f$ection 27, T. 3 N.,R. 68 W. of the 6'h P.M. (2"Alum Cap,/6" b' o su ace f ' v % t ped T3N R68W S28 S27, 1996, PLS 18475) as Be ng 9 04' k al For and on Behalf of th p;fY® Colorado Department o r tigqp�eysi ® David G. Mantych,PLS 1 . .°°9:° 1420 2nd Street Go W,,os® Greeley,CO 80631 . 111111111111 1011 t11 lit It 111111111 IIIU 101 IIII • NH-1RCX 025-3(109)Unit 6 3443765 12/27/2006 10:54A Weld County, CO Parcel Number: 610 7 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT "A" PROJECT NUMBER:NH-IRCX 025.3(109)Unit 6 PARCEL NUMBER: 610 PROJECT CODE: 91032 DATE: November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No. 610 of the Department of Transportation, State of Colorado,Project No.NH-IRCX 025-3(109)Unit 6,containing 47,430 square feet(1.089 acres),more or less, in Lot 7A, Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the East % corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M.; Thence S. 89°04'54" W., along the south line of the NE 'A of said Section 27,a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE '/4 of said Section 27, a distance of 1438.78 feet; Thence N. 16°3922"W.,a distance of 714.54 feet to the northerly line of Lot 7A, Mead Crossings Subdivision, said point being the TRUE POINT OF BEGINNING; 1. Thence N. 66°00'39"E., along the northerly line of Lot 7A,Mead Crossings Subdivision, a distance of 113.48 feet to a point on the west right of way line of I-25; 2. Thence S. 15°40'05"E.,along said west right of way line, a distance of 459.56 feet to the south line of Lot 7A, Mead Crossings Subdivision; 3. Thence N. 89°52'49" W., along said south line, a distance of 109.28 feet; • 4. Thence N. 16°39'22" W.,a distance 0f413.47 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 47,430 square feet(1.089 acres),more or less. Basis of Bearing: All Bearing's are based on a line connecting the E 'A corner of Section 27, T. 3 N., R. 68 W. of the 6`h P.M. (2"Alum Cap set in range box, stamped W ''A S27, T3N, R68W, 1994, PLS 23500),and the W ''A corner of Section 27, T. 3 N., R. 68 W. of the 6'"P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. �� 16412 :_: ?: • o 00_00 r For and on Behalf of the Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2n°Street • Greeley, CO 80631 • �IN11111111111111111111111 111111 111111 III 1111111111111 NH-IRCX 025-3(109)Unit 6 3443756 12/27!2006 10:54A Weld County, CO • Parcel Number: 6104 8 of 39 R 198.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER:NH RCX 025-3(109)Unit 6 PARCEL NUMBER:610A PROJECT CODE: 91032 DATE:November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No. 6104 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109)Unit 6, containing 122,476 square feet(2.812 acres), more or less, in Lot 7A, Mead Crossings Subdivision, in the NE 1/4 of Section 27,Township 3 North, Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the East 'A corner of Section 27, T. 3 N., R. 68 W., of the 6i, P.M.; Thence S. 89°04'54" W., along the south line of the NE '/. of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE 'A of said Section 27, a distance of 1438.78 feet; Thence N. 16°3922"W.,a distance of 714.54 feet to the northerly line of Lot 7A, Mead Crossings Subdivision,said point being the TRUE POINT OF BEGINNING; I. Thence S. 16°39'22"E.,a distance of413.47 feet to the south line of Lot 7A, Mead Crossings Subdivision; 2. Thence N. 89°52'49"W.,along said south line, a distance of394.05 feet to the southwesterly corner of said Lot 7A; • 3. Thence N. 11°0023" W.,along the westerly line of said Lot 7A, a distance of 172.67 feet; 4. Thence continuing along said westerly line, along the arc of a curve to the left having a radius of 360.00 feet, a distance of 81.57 feet,(the chord of said arc bears N. 17°29'53"W., a distance of 81.39 feet)to the northwesterly corner of said Lot 7A; 5. Thence N. 66°00'39"E.,along the northerly line of Lot 7A, a distance of 364.46 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 122,476 square feet(2.812 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27,T. 3 N., R. 68 W. of the 6 P.M. (2" Alum Cap set in range box, stamped W 'A S27, T3N, R68W, 1994, PLS 23500),and the W'A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap, 6" below surface of gamel•rgpd, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89 04'54"W. _o a. 4 st it es; s !xe ° 40_41 For and on Behalf of the 4toown'°^ Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2"d Street • Greeley, CO 80631 111101 11111 ff1111111 f��B111!111111��11111 III3 III! NH-IRCX 025-3(109)Unit 6 9401 39 R 196.00 755 6 D 00 8t Weld tMo County, Clerk&Recorder • Parcel Number:611 EXHIBIT PROJECT NUMBER ' NHRCX025-3(109)Unit 6 PARCEL NUMBER: 611 PROJECT CODE: 91032 DATE; November 30, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 611 of the Department of Transportation,State of Colorado,Project No. NH-IRCX 025-3(109)Unit 6,containing 33,204 square feet(0.762 acres),more or less, in Lot 8C,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North,Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the E % corner of Section 27, T. 3 N., R. 68 W., of the 6`h P.M.; Thence S. 89°04'54" W., along the south line of the NE ''A of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE 'A of said Section 27, a distance of 1438.78 feet; Thence N. 16°39'22" W., a distance of 714.54 feet to the southerly line of Lot 8C, Mead Crossings Subdivision, said point being the TRUE POINT OF BEGINNING; 1. Thence N. 16°39'22" W., a distance of 297.18 feet to a point on the northerly line of Lot 8C, Mead Crossings Subdivision; 2. Thence N. 74°19'48"E., along said northerly line, a distance of 117.41 feet to a point on the west right of way line of 1-25; 3. Thence S. 15°40'05"E.,along said west right of way line,a distance of 280.72 feet to the • southerly line of said Lot 8C; 4. Thence S. 66°00'39" W., along said southerly line, a distance of 113.48 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 33,204 square feet(0.762 acres),more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2" Alum Cap set in range box, stamped W 'A S27, T3N, R68W, 1994,PLS 23500),and the W'A corner of Section 27, T. 3 N., It 68 W. of the 6 ,P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. 00S m. oet 44Yo�eyq, dt 'L 0 -11 1 12 o ray'® ata:�•'A.1l' 6/zUovon I� For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2°d Street Greeley, CO 80631 • 1NMI 1111111111 ME 111111111111 III 111111 III I • NR-IRCX 025-3(109)Unit 6 3443765 Coun , CO 10 0 �R 196.00 2/27/2006 D 0.00 Steve10:54A WeldMoreno Clerk&Recorder Parcel Number 612 PROJECT NUMBS NH RCX 025-3(109) Unit 6 PARCEL NUMBER: 612 PROJECT CODE:91032 DATE: November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No. 612 of the Department of Transportation, State of Colorado,Project No. NH-IRCX 025-3(109)Unit 6, containing 14,537 square feet(0.334 acres),more or less, in Lot SB,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North,Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the East '/. corner of Section 27, T. 3 N., R. 68 W., of the 6't' P.M.; Thence S. 89°0454" W., along the south line of the NE ''A of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE '/a of said Section 27, a distance of 1438.78 feet; Thence N. 16°3922" W., a distance of 1111.00 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 16°3922" W., a distance of 42.12 feet to a point on the south right of way line of State Highway 66(September 2005); 2. Thence S. 88°22'55"E., along said south right of way line,a distance of 125.52 feet to a point on the west right of way line ofI-25(September 2005); • 3. Thence S. 15°40'05"E.,along said west right of way line, a distance of 104.08 feet to the southerly line of Lot 8B, Mead Crossings Subdivision; 4. Thence S. 74°19'48" W., along said southerly line, a distance of 117.41 feet; 5. Thence N. 16°3922" W., a distance of 99.28 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 14,537 square feet(0.334 acres), more or less. Basis of Bearing:All Bearing's are based on a line connecting the E V. corner of Section 27,T. 3 N., R. 68 W. of the 6th P.M. (2"Alum Cap set in range box, stam ed W 'A S27, T3N, R68W, 1994, PLS 23500), and the W V. corner of Section 27, T. 3 N., R. 68 W. of the 6',P.M. (2"Alum Cap, 6" below surface of graves;' de stamped T3N R68 W, S28 S27, 1996, PLS 18475) as Bearing S.89 04'54"W. e� . 444.•% . t6If % Ett o@ 1641?. 0 .T;nom to For and on Behalf of the er� tl °I Colorado Department of Transportation David G.Mantych, PLS 16412 1420 2"d Street Greeley, CO 80631 • iiiiiiiIIIIIIIIIIIIMMie 1111111 11111 0111 1111111111111111111 I i i 1111111111111 N11-JRCX 025-3(109)Unit 6 1310f 3955 1R 179600 D 0.00 Stev06 10:64A e Moreno Clerk& Recorder • Parcel Number:612A EXHIBIT"A PROJECT NUMBER: NH-RCX'025-3(109) Unit 6 PARCEL NUMBER 612A PROJECT CODE: 91032 DATE:November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No. 612A of the Department of Transportation,State of Colorado, Project No.NH-IRCX 025-3(109) Unit 6,containing 10,342 square feet(0.237 acres),more or less, in Lot SB,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the East '4 corner of Section 27, T. 3 N., R. 68 W., of the 6's P.M.; Thence S. 89°04'54" W., along the south line of the NE '' of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE '/4 of said Section 27, a distance of 1438.78 feet; Thence N. 16°3922" W., a distance of 1111.00 feet to the TRUE POINT OF BEGINNING; I. Thence N. 88°22'55" W.,a distance 0f 272.58 feet to the northwesterly line of Lot 813, Mead Crossings Subdivision; 2. Thence N. 22°00'51"E.,along said northwesterly line,a distance of 42.68 feet to a point on the south right of way line of State Highway 66(September 2005); 3. Thence S. 88°22'55"E.,along said south right of way line, a distance of244.50 feet; • 4. Thence S. 16°3922" E., a distance of 42.12 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 10,342 square feet(0.237 acres),more or less. Basis of Bearing: All Blearing's are based on a line connecting the E 'A corner of Section 27, T. 3 N., R. 68 W. of the 6' P.M. (2" Alum Cap set in range box, stamped W /4 S27, T3N, R68W, 1994, PLS 23500),and the W''A corner of Section 27, T. 3 N., R. 68 W. of the 6'"P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, 528 S27, 1996, PLS 18475) as Bearing 5.89°04'54"W. s Ali nti / ®# 1 .412 a1 e° o . e Cli • 0 �,r;, ._ � .•. .gi6/2-00 f WS For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2nd Street Greeley, CO 80631 • 1111111IIIII III 111111IINit11IIN III IIIINIII IIII NH-IRCX 025-3(109)Unit 6 3443756 12/27/2006 10:54A Weld County, CO • Parcel Number:613 12 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT PROJECT NUMBER:NH R,CX 025-3(109)Unit 6 PARCEL NUMBER: 613 PROJECT CODE: 91032 DATE:November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No.613 of the Department of Transportation, State of Colorado,Project No.NH-IRCX 025-3(109)Unit 6,containing 8,442 square feet(0.194 acres), more or less, in Lot 9C,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the North : corner of Section 27, T. 3 N., R. 68 W., of the 6'^ P.M.; Thence S. 86°58'36" E., a distance of 1511.59 feet to a point on the westerly line of Lot 9C, Mead Crossings Subdivision,said point being the TRUE POINT OF BEGINNING; 1. Thence N. 12°2977"E.,along the westerly line of Lot 9C,Mead Crossings Subdivision, a distance of 40.73 feet to a point on the south right of way line of State Highway 66 (September 2005); 2. Thence S. 88°22'55"E.,along said south right of way line, a distance of 214.65 feet to the easterly line of said Lot 9C; 3. Thence S. 22°00'51"W., along said easterly line,a distance of 42.68 feet; • 4. Thence N. 88°22'55"W.,parallel to he south right of way line of State Highway 66 (September 2005),a distance of 207.46 feet,more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 8,442 square feet(0.194 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E '/.corner of Section 27,T. 3 N., R. 68 W. of the 6th P.M. (2" Alum Cap set in range box, stamped W ''A 527, T3N, R68W, 1994, PLS 23500),and the W'A corner of Section 27,T. 3 N., R.68 W. of the 6'"P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. 19 VW/A a•r • _. . 641 o® 2 /Is ,' / 4sire D 6/22:19 For and on Behalf of the Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2nd Street Greeley, CO 80631 • 111111111/IIIII IIIII IIIII 111111 IIIUI III IIINI III IIII tall-IRcx o25-3(la9)Unit 6 3443765 12127/2006 10:54A Weld County, CO • Parcel Number:614 13 of 39 R 196.00 D 0.00 stave Moreno Clerk& Recorder EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: 614 PROJECT CODE: 91032 DATE:November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No. 614 of the Department of Transportation, State of Colorado,Project No. NH-IRCX 025-3(109)Unit 6, containing 7,596 square feet(0.174 acres),more or less, in Lot 9B,Mead Crossings Subdivision,in the NE 1/4 of Section 27, Township 3 North,Range 68 West,of the Sixth Principal Meridian,in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the North ''A corner of Section 27, T. 3 N., R. 68 W., of the 6ih P.M.; Thence S. 86°46'39" E., a distance of 1324.09 feet to a point on the westerly line of Lot 9B, Mead Crossings Subdivision, said point being the TRUE POINT OF BEGINNING; 1. Thence N. 5°56'01"E.,along the westerly line of Lot 9B,Mead Crossings Subdivision, a distance of40.11 feet to a point on the south right of way line of State Highway 66 (September 2005); 2. Thence S. 88°22'55"E.,along said south right of way line, a distance of 192.22 feet to the easterly line of said Lot 9B; 3. Thence S. 12°29'17"W., along said easterly line,a distance of 40.73 feet; • 4. Thence N. 88°22'55" W., parallel to the south right of way line of State Highway 66 (September 2005), a distance of 187.56 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 7,596 square feet(0.174 acres),more or less. Basis of Bearing: All Bearing's are based on a line connecting the E '''A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2" Alum Cap set in range box, stamped W 'A 527, T3N, R68W, 1994, PLS 23500),and the W 'A corner of Section 27, T. 3 N., R. 68 W. of the 6d'P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. '1 16412 .mss i on bd Loop For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2°d Street Greeley, CO 80631 • I NH-IRCX 025-3(109)Unit 6 3443755!111111111(IIIII 1liii! 111111 III 111111 iIi III! 0:54A Weld County, CO Parcel Number:615 • 14 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder PROJECT NUMBER:EXHIBIT RCX 025-3(I09) Unit 6 PARCEL NUMBER:615 PROJECT CODE: 91032 DATE:December 9, 2005 LEGAL DESCRIPTION A tract or parcel of land No. 615 of the Department of Transportation,State of Colorado,Project No. NH-IRCX 025-3(109) Unit 6, containing 15,432 square feet(0.354 acres),more or less,in Lot 9A,Mead Crossings Subdivision,in the NE 1/4 of Section 27, Township 3 North,Range 68 West,of the Sixth Principal Meridian,in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing 86°4b39'" E. North S , a distance of 324.9 feet to 27,o a point on the easterly line of Lot 9A, Mead hence S. Mead Crossings Subdivision,said point being the TRUE POINT OF BEGINNING; 1. Thence N. 88°22'55" W.,parallel to the south right of way line of State Highway 66 (September 2005), a distance of 81.70 feet; 2. Thence N. 87°33'51" W.,parallel to the south right of way line of State Highway 66 (September 2005), a distance of 297.51 feet to the westerly line of Lot 9A,Mead Crossings Subdivision; 3. Thence N. 12°33'35" W., along said westerly line, a distance of 41.41 feet to a point on • the south right of way line of said State Highway 66; 4. Thence S. 87°33'51"E., along said south right of way line, a distance of 307.94 feet; 5. Thence S. 88°22'55"E.,continuing along said south right of way line, a distance of 84.43 feet to a point on the east line of said Lot 9A; 6. Thence S. 5°56'01" W., along said east line, a distance of40.11 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 15,432 square feet (0.354 acres),more or less. Basis of Bearing:All Bearing's are based on a line connecting the E 1/4 corner of Section 27, T. 3 N., R. 68 W. of the 6'° P.M. (2" Alum Cap set in range box, stamped W 'A S27, T3N, R68W, 1994, PIS 23500), and the W ''A corner of Section 27,T. 3 N., R. 68 W. of the 6'"P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W, For and on Behalf of the Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2"d Street • Greeley, CO 80631 IIIIIII1111111111VIIIIIIII11111111111!Ill111111Mill 3443755 12/27/2006 10:54A Weld County, CO 15 of 39 R 196.00 0 0.00 Steve Moreno Clerk&Recorder NR-IRCX 025.3(109)Unit 6 • Parcel Number:616 EXHIBIT "A" PROJECT NUMBER: NH-IRCX 025-3(109) Unit 6 PARCEL NUMBER: 616 PROJECT CODE: 91032 DATE:December 1,2005 LEGAL DESCRIPTION A tract or parcel of land No. 616 of the Department of Transportation, State of Colorado,Project No.NH-IRCX 025-3(109)Unit 6,containing 10,442 square feet(0.240 acres),more or less, in Lot IOC,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North,Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the North '/4 corner of Section 27, T. 3 N., R. 68 W., of the 6`h P.M.; Thence S. 85°55'18'1E.,a distance of 674.93 feet to a point on the west line of Lot IOC, Mead Crossings Subdivision,said point being to the TRUE POINT OF BEGINNING; 1. Thence N. I°2690"W., along the west line of Lot IOC, Mead Crossings Subdivision, distance of 34.85 feet to a point on the south right of way line of State Highway 66 (September 2005); 2. Thence N. 88°33'52"E., along said south right of way line, a distance of 77.41 feet to a angle point on the south right of way line; 3. Thence S. 87°33'5]"E., continuing along said south right of way line,a distance of 184.52 • feet to a point on the easterly line of Lot IOC,Mead Crossings Subdivision; 4. Thence S. 12°33'35"E.,along said easterly line,a distance of41.41 feet; 5. Thence N. 87°33'51" W., a distance of 270.11 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 10,442 square feet(0.240 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27,T. 3 N., R 68 W. of the 6th P.M. (2" Alum Cap set in range box, stamped W ''A S77, T3N, R68W, 'A 1994, PLS 23500),and the W corner of Section 27,T. 3 N., R. 68 W. of the 6"'P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. 3/4 A ' ®` 6412 ars yq tie A* 40 XX• 4b Z(JD1^ esaoa. For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2°d Street • Greeley, CO 80631 111111111111NI MINI!111111111111111111111III1111 taH-1RCX025-3(109)Unit 6 3443755 12/27/2006 10.54A Weld County, CO • Parcel Number:617 16 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: 617 PROJECT CODE: 91032 DATE:December 1,2005 LEGAL DESCRIPTION A tract or parcel of land No. 617 of the Department of Transportation, State of Colorado,Project No. NH-IRCX 025-3(109)Unit 6,containing 8,325 square feet(0.191 acres), more or less, in Lot 10A,Mead Crossings Subdivision,in the NE 1/4 of Section 27, Township 3 North,Range 68 West,of the Sixth Principal Meridian, in Weld County, Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the North ''A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M.; Thence S. 85°55'18" E.,a distance of 674.93 feet to a point on the east line of Lot 10A, Mead Crossings Subdivision, said point being to the TRUE POINT OF BEGINNING; 1. Thence N. 87'33'51" W.,parallel to the south right of way line of State Highway 66 (September 2005), a distance of 71.88 feet; 2. Thence S. 88°33'52" W., parallel to the south right of way line of State Highway 66 (September 2005),a distance of 200.76 feet to a point on the west line of Lot 10A Mead Crossings Subdivision; 3. Thence along the said west line, along the arc of a curve to the right having a radius of 370.00 feet, a distance of 14.26 feet, (the chord of said arc bears N. 1°18'35"E.,a distance • of 14.26 feet; 4. Thence N. 2°24'50"E.,continuing along said west line, a distance of 15.79 feet to a point on the south right of way line of State Highway 66(September 2005); 5. Thence N. 88°33'52"E., along said south right of way line,a distance of 270.73 feet to the east line of said Lot 10A; 6. Thence S. 1°26'10" E., along said east line, a distance of 34.85 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 8,325 square feet(0.191 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E '''A corner of Section 27, T. 3 N., R. 68 W. of the 6 P.M. (2"Alum Cap set in range box, stamped W 'A S27, T3N, R68W, 1994, PLS 23500),and the W '/ tion 27,T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap, 6'pelow surface of g r Aux T3N R68W, S28 S27, 1996, PLS 18475) as Beari g 9 89°04'54"W. B / ,U �r 6Q � • i�LCb�'_ ® 0 For and on Behalf of the a titi4 a'y0q" ke-,e Colorado Department ofTranspc &Jc tee,' David G.Mantych, PLS 16412 1420 2nd Street Greeley, CO 80631 NH-IRCX 025.3(109)Unit 6 1111111 III1111111111111111111111111111111111111111111 • Parcel Number:.618 Rev. 3.143166 12)27/2006 10.00 Weld Coreno' le 17 of 39 R 196.00 D 0DO .00 Steve Moreno Clerk& Recorder EXHIBIT"A" PROJECT NUMBER: NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: 618 Rev. PROJECT CODE:91032 DATE:December 8,2005 LEGAL DESCRIPTION A tract or parcel of land No. 618 Rev.of the Department of Transportation,State of Colorado, Project No.NH-IRCX 025-3(109)Unit 6,containing 10,243 square feet(0.235 acres),more or less,in Lot IA,Mead Crossings Subdivision,in the NE 1/4 of Section 27, Township 3 North, Range 68 West,of the Sixth Principal Meridian,in Weld County,Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the North V. corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M.; Thence S. 0°23'46" W., along the west line of the NE %. of Section 27, a distance of 60.03 feet to the TRUE POINT OF BEGINNING; I. Thence N. 0°23'46" E., along the west line of the NE %.of Section 27,which is coincident with the west line of Lot IA,Mead Crossings Subdivision, a distance of 30.02 feet to the NW corner of said Lot 1A,said point being on the south right of way line of State Highway 66(September 2005); 2. Thence N. 88°33'52"E.,along the north line of said Lot 1A,which is coincident with said south right of way line,a distance of 341.90 feet(341.93 Nat),to a point on the east line of Lot 1A,Mead Crossings Subdivision; • 3. Thence S. 2°24'50" W., along said east line,a distance of 11.75 feet; 4. Thence continuing along said east line,along the arc of a curve to the left having a radius of 430.00 feet,a distance of 18.30 feet,(the chord of said arc bears S. 1°11'43"W.,a distance of 18.30 feet; 5. Thence S. 88°33'52" W.,parallel to said south right of way line,a distance of 341.23, more or less,to the TRUE POINT OF BEGINNING. The above described parcel contains 10,243 square feet(0.235 acres), more or less. Basis of Bearing:All Bearing's are based on a line connecting the E '+'A corner of Section 27,T. 3 N., R. 68 W. of the 6 P.M. (2"Alum Cap set in range box, stamped W +/, S27, T3N, R68W, 1994,PLS 23500),and the W tiler of Section 27,T. 3 N.,R. 68 W.of the 6+h P.M. (2"Alum Cap, 6" 'Sow surface . „ el stamped T3N R68W, S28 S27, 1996, PLS 18475) as Rearm 89°: '54"W ' �l a • ?/Z For and on Behalf of t :O Colorado Department o x:r: �k• David G. Mantych,PLS 16$14.0•"• 1420 2nd Street • Greeley,CO 80631 NR-1RCX 025-3(109)Unit 6 111111111111 dill 1111111111111111111111 III 1111111111111 Slope Easement:SE-606 3443755 12/27/2006 10:54A Weld county, CO 18 0l 39 R 196.00 D 0.00 Steve Morena Clerk 8 Recorder • EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 SLOPE EASEMENT:SE-606 PROJECT CODE: 91032 DATE:November 30,2005 LEGAL DESCRIPTION A Slope Easement No. SE-606 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 3,375 square feet(0.077 acres), more or less, in Lot SC, Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said slope easement being more particularly described as follows: Commencing at the East '/e corner ofsaid Section 27, T. 3 N., R. 68 W., of the 6t°P.M.;Thence S. 89°04'54" W., along the south line of the NE '/.ofsaid Section 27, a distance of 320.05 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 89°04'54" W., along the south line of the NEVI of said Section 27, a distance of 30.01 feet; 2. Thence N. 7°41'20"E.,a distance of 227.53 feet; 3. Thence S. 0°06'43"W.,parallel to the east line of the NE ,of said Section 27, a distance of225.00 feet, more or less, to the TRUE POINT OF BEGINNING. • The above described slope easement contains 3,375 square feet(0.077 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E V.corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2" Mum Cap set in range box, stamped W % S27, T3N, R68W, 1994, PLS 23500),and the W'/. corner of Section 27, T. 3 N., R. 68 W. of the 61"P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W- The purpose of this Slope Easefor the Construction and Maintenance of Roadway Slopes. s�' are* e t A0 12 4 067zaor For and on Behalf of the ••+eew�� Colorado Department of Transportation David G.Mantych, PLS 16412 1420 2"d Street Greeley, CO 80631 • Mi-IRCX 025-3(109)Unit 6 I MI�IMI MMIII MERE RRREE 1111 1111 II!111111 III liii 3443755 12/27/2006 10:54A Weld County, CO Slope Easement:SE-609 19 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder • EXHIBIT"A" PROJECT NUMBER: NH-IRCX 025-3(109)Unit 6 SLOPE EASEMENT: SE-609 PROJECT CODE: 91032 DATE:November 30,2005 LEGAL DESCRIPTION A Slope Easement No. SE-609 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 14,442 square feet (0.332 acres), more or less, in Lot 7B, Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said slope easement being more particularly described as follows: Commencing at the East 'A corner of said Section 27, T. 3 N., R. 68 W., of the 6'h P.M.;Thence S. 89°0454" W., along the south line of the NE ''A of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE 'A of said Section 27, a distance of 1167.76 feet to the north line of a ditch easement, said point being the TRUE POINT OF BEGINNING; I. Thence N. 55°57'23"W.,along the north line ofa ditch easement, a distance of 24.10 feet; 2. Thence N. 5°53'57" W., a distance of 500.71 feet; 3. Thence S. 16°3922"E.,a distance of251.07 feet; • 4. Thence S. 0°06'43" W.,parallel to the east line of the NE 'A of said Section 27, a distance of 271.02 feet, more or less, to the TRUE POINT OF BEGINNING. The above described slope easement contains 14,442 square feet(0.332 acres),more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''/ corner of Section 27, T. 3 N., R. 68 W. of the 6t° P.M. (2" Alum Cap set in range box, stamped W 'A S27, T3N, R68W, 1994, PLS 23500),and the W''A corner of Section 27,T.3 N., R. 68 W. of the 6th P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. The purpose for this Slopge°a a m' Slopes. j Y tAB 'fllr the Construction and Maintenance of Roadway Cie 2tA ® Z/ S . ebb/2-00 For and on Behalf of the%, OF COt_ a °e om F CEY;-4-' Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2n°Street Greeley, CO 80631 • pa,ucwany aescgbed as follows: °'y �a°c1ucII1 oemg more Commencing at the E 1/4 corner of said Section 27, T. 3 N., R. 68 W., 6th P.M.; Thence N. 15°29'28"W., a distance of 1189.70 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 49°32'36" W., a distance of 72.74 feet; • 2. Thence N. 40°27'24"E.,a distance of 15.00 feet; 3. Thence S. 49°32'36"E., a distance of 60.00 feet; 4. Thence S. 0°06'43"W.,parallel to the west right of way line of 1-25(September 2005),a distance of 19.68 feet, more or less, to the TRUE POINT OF BEGINNING. The above described temporary easement contains 996 square feet(0.023 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E '/, corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2"Alum.Cap set in range box, stam ed W S27, T3N, R68W, 1994, PLS 23500),and the W V.corner of Section 27, T. 3 N., R. 68 W. of the 6's P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. Temporary easement acquireedd fgra,4onstruction work area for irrigation improvements./4.1101i0 :r � n •741 For and on Behalfof the e$OF G eP'a • Colorado Department of Transpoortation David G.Mantych, PLS 16412 1420 2nd Street Greeley, CO 80631 • IMONIONNIMMIsimm NH-IRCX 025-3(109)Unit 6 11111 MIIIII 11111111111111111111111111111111111111 Temporary Easement TE-609 3443755 12/27/2006 10:54A Weld County, CO 20 of 39 A 196.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT: TE-609 PROJECT CODE: 91032 DATE:November 30, 2005 LEGAL DESCRIPTION A temporary easement No. TE-609 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 996 square feet (0.023 acres), more or less, in Lot 7B, Mead Crossings Subdivision, in the NE V,, of Section 27 Township 3 North.Range 6R West,Sixth Princinaf Me i 17A ; a,..1A • • ��rrrarw�� N11-1RCX 025-3(109)Unit 6 I3443755 12/27/2006 10:54A Weld County, CO illy!1f i 11111 11111 liM 11111!MMME 1111111111111111 Temporary Easement:TE-609A 21 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder • EXHIBIT"A" PROJECT NUMBER;NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT: TE-609A PROJECT CODE: 91032 DATE: November 30,2005 LEGAL DESCRIPTION A temporary easement No. TE-609A of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 1,327 square feet (0.030 acres), more or less, in Lot 7B, Mead Crossings Subdivision, in the NE '/4 of Section 27 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the E '/ corner of said Section 27, T. 3 N., R. 68 W., 6th P.M.; Thence N. 12°4602" W., a distance of 1578.12 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 16°39'22" W.,a distance of 31.18 feet; 2. Thence S. 89°08'49"W.,a distance of 40.00 feet; 3. Thence S.0°51'11"E.,a distance of 30.00 feet; 4. Thence N. 89°08'49"E., a distance of 48.49 feet,more or less, to the TRUE POINT OF BEGINNING. • The above described temporary easement contains 1,327 square feet(0.030 acres), more or less. Basis of Bearing:All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap set in range box, stam ed W ''A S27, T3N, R6SW, 1994, PLS 23500),and the W'A corner of Section 27, T. 3 N., It 68 W. of the 6'h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. Temporary easement acquired fe$o'tjpn work area for irrigation improvements. G�rrpt n etastc,<p Ct� 647 x2,OO � w. ► -D44,..09 e e For and on Behalf of the FC01.- Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2nd Street Greeley, CO 80631 • NH-1RCX 025-3(109)Unit 6 1111111 1111111111 1110 till!11111111110 111 1111111 11 1111 Temporary Easement:TE-615 3443755 12/27/2006 10:54A Weld County, CO 22 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT TE-615 PROJECT CODE: 91032 DATE:December 1,2005 LEGAL DESCRIPTION A Temporary Easement No. TE-615 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 3,673 square feet (0.084 acres), more or less, in Lot 9A, Mead Crossings Subdivision, in the NE '/4 of Section 27 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the North % corner of said Section 27, T. 3 N.,R. 68 W.,of the 6th P.M.;Thence S. 86°30'46" E., a distance of 1054.22 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 19°33'51"E.,a distance of 50.00 feet; 2. Thence S. 70°26'09"W., a distance of 40.00 feet; 3. Thence N. 19°33'51"W.,a distance of 44.59 feet; 4. Thence N. 87°33'51" W.,parallel to the existing south right of way line of SH-66 • (September 2005),a distance of 68.85 feet; 5. Thence N. 12°33'35" W., a distance of 20.71 feet; 6. Thence S. 87°33'51"E.,parallel to the said right of way line(September 2005),a distance of 109.27 feet, more or less, to the TRUE POINT OF BEGINNING. The above described temporary easement contains 3,673 square feet(0.084 acres), more or less. Basis of Bearing: All bearing's are based on a line connecting the E ''/.corner of Section 27, T. 3 set in 1994, PLS 23500),and the W(2". corner of Section 27,range 3 N.,R. W. of the 6h7P M.T3N,RAu m Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing 9°04'54"W. woo The .ulna•e .f.his =pore 4 '',•nsiruction work area. o WO1— For and on Behalf of the e1� Cry0 Colorado Department ofTransp` � .q^1 �o®0 AW David G.Mantych, PLS 16412on ;os 1420 2n°Street Greeley,CO 80631 • nemir.r.S......ONIM,r NII-IRCX 025-3(109)Unit 6 1111111 11111111111111111th 1111111111111111111111111111 3443766 12/27/2006 10:54A Weld County, CO Temporary Easement;TE-616 23 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT "A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT:TE-616 PROJECT CODE: 91032 DATE:December I, 2005 LEGAL DESCRIPTION A Temporary Easement No. TE-616 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 3,683 square feet (0.085 acres), more or less, in Lot IOC, Mead Crossings Subdivision, in the NE '/, of Section 27 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the North %.corner of said Section 27, T. 3 N.,R. 68 W.,of the 6d'P.M.; Thence S. 86°18'30"E., a distance of 882.55 feet to the TRUE POINT OF BEGINNING; I. Thence S. 87°33'51"E.,parallel to the existing south right of way line ofSH-66 (September 2005), a distance of 62.43 feet; 2. Thence S. 12°33'35"E.,a distance of20.71 feet; 3. Thence N. 87°33'51" W.,parallel to the said right of way line(September 2005), a distance of 16.45 feet; • 4. Thence S. 19°43'55"E.,a distance of 53.40 feet; 5. Thence S. 70°16'05" W., a distance of 40.00 feet; 6. Thence N. 19°43'55" W., a distance of 91.30 feet,more or less, to the TRUE POINT OF BEGINNING. The above described temporary easement contains 3,683 square feet(0.085 acres),more or less. Basis of Bearing: All bearing's are based on a line connecting the E V. corner of Section 27, T. 3 N., R. 68 W. of the 6 P.M. (2" Alum Cap set in range box, stamped W V. Sj7, T3N, R68W, 1994, PLS 23500),and the W ''A corner of Section 27, T. 3 N., R. 68 W. of the 6' P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S °04'54"W. ere ropes P� Y The os of thisrem: construction work area. vzi C • For and on Behalf of the o e ys9ptt' e0 1+0 � Colorado Department of Tran o David G. Mantych, PLS 16412 1420 2nd Street Greeley, CO 80631 • ---- NH-IRCX 025-3(109)Unit 6 11111111111111111111111111!Illlll 11111!MUM 11 IIN Temporary Easement;TE-617 3443755 12/27/2006 10:544 Weld Count. CO 24 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder • EXHIBIT"A" PROJECT NUMBER: NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT: TE-617 PROJECT CODE: 91032 DATE:December I, 2005 LEGAL DESCRIPTION_ A Temporary Easement No. TE-617 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 999 square feet(0.023 acres), more or less, in Lot I0A, Mead Crossings Subdivision, in the NE '/, of Section 27 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the North 'A corner of said Section 27, T. 3 N.,R. 68 W., of the 6th P.M.; Thence S. 82°53'28"E., a distance of 403.82 feet to the TRUE POINT OF BEGINNING; I. Thence N. 88°33'52"E.,parallel to the south right of way line of SH-66, a distance of 9.85 feet; 2. Thence S. 1°26'10"E.,a distance of 100.00 feet; 3. Thence S.88°33'52"W.,parallel to the south right of way line of SH-66, a distance of 10.00 feet; • 4. Thence N. I°26'10"W., a distance of 89.40 feet; 5. Thence along the arc of a curve to the right having a radius of 370.00 feet,a distance of 10.60 feet, (the chord of said arc bears N. P36'55" W., a distance of 10.60 feet), more or less, to the TRUE POINT OF BEGINNING. The above described temporary easement contains 999 square feet(0.023 acres),more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2" Alum Cap set in range box, stam ed W 'A S27, T3N, R68W, 1994, PLS 23500),and the W'A corner of Section 27, T. 3 N., R.68 W. of the 61h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. a mere ototThe of th•�, 4 ;ails fora construction work area.ta• * obACO 1 ever For and on Behalf o 'ro te�;:P�t Colorado Department c rot David G. Mantych, PLS 16 1420 2m Street Greeley, CO 80631 i tit-IRCX 025-3(109)Unit 6 1 11110 1110 111 111 Mil 1111 Temporary Easement:TE-618 3443756 12/27/2006 10:54A Weld County,CO 25 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT"A" PROJECT NUMBER: NH-IRCX 025-3(109) Unit 6 TEMPORARY EASEMENT:TE-618 PROJECT CODE: 91032 DATE: December 1, 2005 LEGAL DESCRIPTION A temporary easement No. TE-6I8 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 1,000 square feet (0.023 acres), more or less, in Lot IA, Mead Crossings Subdivision, in the NE '/, of Section 27 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County, Colorado, said temporary easement being more particularly described as follows: Commencing at the North ''/, corner of said Section 27,T. 3 N, R. 68 W.,of the 6'h P.M.;Thence S. 81°2429"E., a distance 0f344.57 feet to the TRUE POINT OF BEGINNING; 1. Thence along the arc of a curve to the left having a radius of 430.00 feet,a distance of 10.60 feet, (the chord of said arc bears S. 0°45'11" E., a distance of 10.60 feet); 2. Thence S. 1°26'09"E.,a distance of 89.40 feet; 3. Thence S. 88°33'52"W.,parallel to the south right of way line of SH-66, a distance of 10.00 feet; • 4. Thence N. I°26'09" W., a distance of 100.00 feet; 5. Thence N. 88°33'52"E., parallel to the south right of way line ofSH-66, a distance of 10.13 feet, more or less, to the TRUE POINT OF BEGINNING. The above described temporary easement contains 1,000 square feet(0.023 acres), more or less. Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R. 68 W. of the 6i°P.M. (2"Alum Cap set in range box, stamped W '/, SP, T3N, 12.68W, 1994, PLS 23500), and the W''/. corner of Section 27, T. 3 N., R. 68 W. of the 6' P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. The purpose for this Tempor !E� • efs�.construction work area. • dlod►a�°o 1l N�i!O°°4%4% . ff° 1$0 e ® ? 06/2.00 F r and on Behalf o f the e,b 4 . . . .1Q Colorado Department of Trans, "o^" David G. Mantych, PLS 16412 1420 2n°Street Greeley, CO 80631 • 11111111111111111111111 NH-IRCX 025-3(t09)Unit 6 I IIIIII ON 1111111 Il IIII Temporary Easement:TE-628 23640?3912/27/2006 10:64A Weld County, CO • R 196.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT "A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT: TE-628 PROJECT CODE:91032 DATE:December 6,2005 LEGAL DESCRIPTION A Temporary Easement No. TE-628 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 198 square feet(0.005 acres), more or less, in Lot 8D, Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado,said slope easement being more particularly described as follows: Commencing at the N ''A corner of said Section 27, T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 70°39'30'E.,a distance of i 875.86 feet to the TRUE POINT OF BEGINNING; 1. Thence along the arc of a curve to the left having a radius of 360.00 feet, a distance of 20.01 feet, (the chord of said arc bears N.25°34'41"W.,a distance of 20.01 feet); 2. Thence S.69°46'22"E.,a distance of 28.68 feet; 3. Thence S. 66°00'39" W., a distance of 20.00 feet, more or less, to the TRUE POINT OF BEGINNING. • The above described parcel contains 0.005 acres(198 square feet), more or less. Basis of Bearing:All Bearing's are based on a line connecting the E ''A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2" Alum Cap set in range box, stamped E ''4 S27, T3N, R68W, 1994, PLS 23500),and the W'corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. The purpose of this Temporary Easement is for the Roadway Grading. on. slitsn. et ea. 4 "tom Air /4. 2-61or ea For and on Behalf of the ': F C0t9,,• Colorado Department of Transportation David G.Mantych, PLS 16412 1420 god Street Greeley, CO 80631 I111111111111111111111 lilt 1111111111111111111111111111 NH-1RCX 025-3(109)Unit 6 3443765 12/27/2006 10:544 Weld County, Parcel Number:AC-606 27 of o' CO 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT PROJECT NUMBER: NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: AC-606 PROJECT CODE: 91032 DATE: November 30,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 25,and from and to any part of the real property of the Grantor in Lot 5C,Mead Crossings Subdivision,in the NE 1/4 of Section 27, Township 3 North,Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado,abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-606 Westerly Commencing at the East '/corner of Section 27, T. 3 N.,R.68 W.,of the 6'h P.M.;Thence S. 89°04'54" W.,along the south line of the NE '''/ of said Section 27,a distance of 320.05 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43"E.,parallel to the east line of the NE '/of said Section 27,a distance of 475.67 feet, whence said East V.corner bears S. 34°08'31"E.,a distance of 568.52 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. • WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E /corner of Section 27, T. 3 N., R. 68 W. of the 6i°P.M. (2"Alum Cap set in range box, stamped W / 827 T3N, R68W, 1994, PLS 23500),and the W /.corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. o O 5 S v ai4, •ot tt Oir e0 'y� e a 12 ae 6 2,06 b Watt/ For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2nd Street Greeley, CO 80631 • NH-IRCX 025-3(109)Unit 6 -a- 111111111111111111111111111111111111111 III 1111!11 II 111 Parcel Number:AC-607 3443755 12/27/2006 10:54A Weld County, CO 28 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder • EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025.3(109)Unit 6 PARCEL NUMBER: AC-607 PROJECT CODE: 91032 DATE: November 30,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 25, and from and to any part of the real property of the Grantor in Lot SB,Mead Crossings Subdivision in the NE 1/4 of Section 27, Township 3 North,Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado, abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-607 Westerly Commencing at the East '/,corner of Section 27, T. 3 N.,R.68 W.,of the 6th P.M.; Thence S. 89°04'54" W.,along the south line of the NE ''A of said Section 27,a distance of 320.05 feet; Thence N. 0°06'43"E.,parallel to the east line of the NE '/,of said Section 27,a distance of 475.67 feet to the south line of Lot 5B,Mead Crossings Subdivision, said point being the TRUE POINT OF BEGINNING; I. Thence N. 0°06'43"E.,parallel to the east line of the NE '/,of said Section 27,a distance 0f377.40 feet to the north line of Lot 5B, Mead Crossings Subdivision, whence said East '/,corner bears S. 20°34'40"E.,a distance of 905.73 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the • locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing:All Bearing's are based on a line connecting the E %a corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap set in range box, stamped W '/. S27, T3N, R68W, 1994, PLS 23500),and the W%corner of Section 27,T.3 N.,R. 68 W. of the 6'h P.M. (2"Alum Cap, 6" below surface of gravel road stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. er Gs 44% to ICJIMINH*• P47 ate 6412 s bAtot J • • VOA/ 0e• For and on Behalf of the Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2nd Street Greeley, CO 80631 • NH-IRCX 1125-3(109,Unit 6 I111111IIIIIIIIIII1I11lllll11111!llllllill Ulna Parcel Number:AC-609 3443755 12/27/2006 10:54A Weld County, CO 29 of 39 R 196.00 0 0.00 Steve Moreno Clerk Recorder EXHIBIT PROJECT NUMBER:NH! ' ' CX R025-3(109) Unit 6 PARCEL NUMBER: AC-609 PROJECT CODE: 91032 DATE:November 30,2005 ACCESS DESCRIPTI N EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 25,and from and to any part of the real property of the Grantor in Lot 7B,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado,abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3(109) Unit 6 AC-609 Westerly Commencing at the East 1/4 corner of Section 27, T. 3 N., R. 68 W.,of the 6th P.M.;Thence S. 89°04'54" W.,along the south line of the NE 'A of said Section 27, a distance of320.05 feet; Thence N. 0°06'43"E.,parallel to the east line of the NE ''A of said Section 27,a distance of 1151.62 feet to the south line of Lot 7B, Mead Crossings Subdivision, said point being the TRUE POINT OF BEGINNING; 1. Thence N. 0°06'43" E., parallel to the east line of the NE 1/4 of said Section 27,a distance of287.16 feet; 2. Thence N. 16°39'22" W., a distance of301.07 feet to the north line of in Lot 7B,Mead • Crossings Subdivision, whence said East '/,corner bears S. 13°11'12"E.,a distance of 1768.73 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing:All Bearing's are based on a line connecting the E '/, corner of Section 27, T. 3 N., It 68 W. of the 6"' P.M. (2" Alum Cap set in range box, stamped W 1/4 S7,7, T3N, R68W, 1994, PLS 23500), and the W 1/4 corner of Section 27,T. 3 N.,R. 68 W. of the 6' P.M. (2"Alum Cap, 6" below surface of gr�ye} oat amped T3N R68W, S28 527, I996, PLS 18475) as Bearing S..89°04'54"W. ° `. 49% ecia5704PAZA e 6412 A ° C- 1.. For and on Behalf of the �®®boreat �� Colorado Department of Transportation David G.Mantych, PLS 16412 1420 2n°Street • Greeley, CO 80631 MININIIIMillaMINIIIMOMINIMMIIMMINIMINIS NH_1RCX 025.3(109)Unit 6 11111111111 1 11111111111IIII 111111111111111111111111111 3443755 12/27/2006 0:54A Weld County, CO Parcel Number;AC-610 30 0l 39 R 196.00 D 0,00 Steve Moreno Clerk 8 Recorder • EXHIBIT°B" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: AC-610 PROJECT CODE:91032 DATE: November 30,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 25,and from and to any part of the real property of the Grantor in Lot 7A,Mead Crossings Subdivision, in the NE 1/4 of Section 27, Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County,Colorado, abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109) Unit 6 AC-610 Westerly Commencing at the East 1/4 corner of Section 27, T. 3 N. R.68 W., of the 6f°P.M.;Thence S. 89°04'54" W.,along the south line of the NE V.of said Section, a distance of 320.05 feet; Thence N. 0°06'43"E., a distance of 1438.78 feet; Thence N. 16°39'22"W.,a distance of 714.54 feet to the northwesterly line of Lot 7A,Mead Crossing Subdivision, said point being the TRUE POINT OF BEGINNING; 1. Thence S. 16°39'22"E.,a distance of 36.47 feet to the center of a 30 foot access opening for the purpose of ingress and egress by foot traffic only to a Bus Loading Zone, which is being excepted from this access limitation; 2. Thence S. 16°3922"E., a distance of 377.00 feet to the south line of Lot 7A, Mead Crossing • Subdivision, whence said East ''A corner bears S. 13°11'12"E.,a distance of 1768.73 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE 30.00 feet Left Sta. 1066+05.07 Basis of Bearing: All Bearing's are based on a line connecting the E '/.corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap set in range box, stamped W / 527, T3N, R68W, 1994, PLS 23500),and the W ern Cap, 6" below surface oft '° Section 27,T. 3 N., R. 68 W.52 ,of99 6'" (2"Alum as Bearing .89°04'54"W. *`�a°4S irmod T3N R68W, S28 S27, 1996, PLS 18475) as Alt j e; 412 :71 • I6l• 0 o 0 if • • •• p For and on Behalf of the o«CY' P Colorado Department of Transportation David G. Mantych, PLS 16412 1420 god Street Greeley, CO 80631 1 1161 rr�rr�ii�r 1111111111 rirai iriir�1111111 bill fill NH-IRCX 025-3(109)Unit 6 31 12/27/2005 10:54A Weld County, CO Parcel Number:AC-611 31 of 39 R 196.00 D 0.00 Steve Moreno Clerk Recorder • EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: AC-611 PROJECT CODE: 91032 DATE:November 30,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No.25,and from and to any part of the real property of the Grantor in Lot 8C,Mead Crossings Subdivision, in the NE 'A of Section 27, Township 3 North,Range 68 West of the Sixth Principal Meridian, in Weld County,Colorado,abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3O09) Unit 6 AC-611 Westerly Commencing at the E 'A corner of Section 27, T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 89°04'54" W., along the south line of the NE ''A of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE : of said Section 27, a distance of 1438.78 feet; Thence N. 16°39'22" W., a distance of 714.54 feet to the southerly line of Lot SC, Mead Crossings Subdivision, said point being the TRUE POINT OF BEGINNING; 1. Thence N. 16°39'22" W., a distance of 297.18 feet to a point on the northerly line of Lot 8C, Mead Crossings Subdivision, whence said East 'A corner bears S. 14°10'52"E.,a distance of 2478.45 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the • locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E % corner of Section 27, T. 3 N., R. 68 W. of the 6i6 P.M. (2" Alum Cap set in range box, stamped W '/, S27, T3N, R68W, 1994, PLS 23500),and the W V. corner of Section 27, T.3 N., R. 68 W. of the 6 P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W s 49,}g,se eP� ,4,,x.®O q•L ur • For and on Behalf of the •F �° ..' Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2n°Street • Greeley, CO 80631 mrsanaismerseilielNIIIMPISIMMIN 111111 IIIII iiiiiiiiiiilll 111111111111 III 1111111111111 NN-IRCX 025-3(109)Unit 6 3443755 12/27/2006 10:54A Weld County, CO Parcel Number:AC-6I2 32 of 39 ft 196.00 0 0.00 Steve Moreno Clerk&Recorder • EXHIBIT"B" PROJECT NUMBER: NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: AC-612 PROJECT CODE: 91032 DATE:November 30, 2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 25, and from and to any part of the real property of the Grantor in Lot 8B,Mead Crossings Subdivision, in the NE ''A of Section 27, Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado, abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-612 Westerly Commencing at the East :corner of Section 27, T. 3 N. R. 68 W.,of the 6'h P.M.;Thence S. 89°04'54" W.,along the south line of the NE'A of said Section 27,a distance of 320.05 feet; Thence N. 0°06'43"E.,parallel to the east line of the NE ''A of said Section 27,a distance of 1438.78 feet; Thence N. 16°39'22"W.,a distance of 1111.00 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 16°3922"E., a distance of 99.28 feet to the southerly line of Lot 8B,Mead Crossings Subdivision, whence said East %corner bears S. 14°10'52"E.,a distance of 2478.45 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the • locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E ''A corner of Section 27,T. 3 N., R. 68 W. of the 6`h P.M. (2" Alum Cap set in range box, stamped W ''A S27, T3N, R68 W, 1994, PLS 23500),and the W 'A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. e.., crt cry i /7 r 6412 �o ( e e Q" 0 ADO Imo®r 9�.. For and on Behalf of the Colorado Department of Transportation David G.Mantych, PLS 16412 1420 2n°Street Greeley, CO 80631 • I 11111111111 IIII!11111 IIII!111111111111 III Halt IIII NH-IRCX 025-3(109)Unit 6 3443765 12/27/2006 10:54A Weld County, CO Parcel Number:AC-611k 33 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109) Unit 6 PARCEL NUMBER: AC-612A PROJECT CODE: 91032 DATE:November 30,2005 REVISED:April 16,2006 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 66,and from and to any part of the real property of the Grantor in Lot 8B,Mead Crossings Subdivision,in the NE 'A of Section 27, Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado, abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-612A Westerly Commencing at the East 'A corner of Section 27, T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 89°04'54" W., along the south line of the NE ' of said Section 27, a distance of 320.05 feet; Thence N. 0°06'43" E., parallel to the east line of the NE A, of said Section 27, a distance of 1438.78 feet; Thence N. 16°39'22" W., a distance of 1111.00 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 88°22'55" W., a distance 0f272.58 feet to the northwesterly line of Lot 8B, Mead Crossings Subdivision,whence said East ''/ corner bears S. 19°55'17"E.,a distance of 2665.21 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the • locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing:All Bearing's are based on a line connecting the E '/, corner of Section 27,T. 3 N., R. 68 W. of the 6'h P.M. (2" Alum Cap set in range box, stamped W / S27, T3N, R68W, 1994, PLS 23500), and the W A corner of Section 27,T. 3 N., R. 68 W. of the 6'h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. �,gce.rte,. p,4 i ides'� 6��y° t o Oa t r 164 44 f ♦oa For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 • 1420 2n°Street NH-1RCX 025-3(109)Unit 6 1111111 VIII 11111 1111111111111111 111111 III 11111 IIII IIII Parcel Number:AC-613 3443755 12/27/2006 10:54A Weld County, CD 34 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT"B" • PROJECT NUMBER:NH-IRCX 025-3(109) Unit 6 PARCEL NUMBER:AC-613 PROJECT CODE: 91032 DATE: December 6,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 66,and from and to any part of the real property of the Grantor in Lot 9C,Mead Crossings Subdivision,in the NE 'A of Section 27, Township 3 North,Range 68 West of the Sixth Principal Meridian,in Weld County, Colorado,abutting along said highway,along or across the access line or lines described as follows: NH-1RCX 025-3(109)Unit 6 AC-613 Westerly Commencing at the North 'A corner of Section 27, T. 3 N., R. 68 W.,of the 61h P.M.;Thence S. 86°58'36"E.,a distance of 1511.59 feet to a point on the westerly line of Lot 9C, Mead Crossings Subdivision,said point being the TRUE POINT OF BEGINNING; 1. Thence S. 88°22'5S" E.,parallel to the south right of way line of State Highway 66 (September 2005), a distance of 207.46 feet to a point on the easterly line of Lot 9C, Mead Crossings Subdivision,whence said North 'A corner bears N. 879'46"W., a distance of 1718.99 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location • hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing:All Bearing's are based on a line connecting the E 'A corner of Section 27, T. 3 N., R. 68 W. of the 6'h P.M. (2" Alum Cap set in range box, stamped W V. S27, T3N, R68W, 1994, PLS 23500),and the W ''A corner of Section 27, T. 3 N.,R. 68 W. of the 6`h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. /De •• as'� Off' ( 46412 se O 1 For and on Behalf of the Colorado Department of Transportation David G.Mantych,PIS 16412 1420 2nd Street • Greeley, CO 80631 1 101111M 11 1111111111 1111 11111 Ill NII-IRCX 025-3(109)Unit 6 IIII Illl Parcel Number:AC-614 3443756 12/27/2006 10:54A Weld County,CO 35 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:AC-614 PROJECT CODE: 91032 DATE:December 6,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No.66,and from and to any part of the real property of the Grantor in Lot 9B,Mead Crossings Subdivision,in the NE 1/4 of Section 27,Township 3 North,Range 68 West of the Sixth Principal Meridian,in Weld County,Colorado,abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-614 Westerly Commending at the North '/. corner of Section 27, T. 3 N., R. 68 W., of the 6111 P.M.; Thence S. 86°46'39" E., a distance of 1324.09 feet to a point on the westerly line of Lot 9B, Mead Crossings Subdivision,said point being the TRUE POINT OF BEGINNING; 1. Thence S.88°22'55"E., parallel to the south right of way line of State Highway 66 (September 2005), a distance of 187.56 feet to a point on the easterly line of Lot 9B, Mead Crossings Subdivision,whence said North '/.corner bears N. 86°58'36"W., a distance of 1511.59 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location . hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing:All Bearing's are based on a line connecting the E %.corner of Section 27, T. 3 N., R. 68 W. of the 6`h P.M. (2" Alum Cap set in range box, stamped W %. S27, T3N, R68W, 1994, PLS 23500),and the W'A corner of Section 27,T. 3 N., R.68 W. of the 6a'P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R6BW, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W.in' ®° 1 412 °e 0,. coLaa" •2 Od/vaa For and on Behalf of the Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2nd Street Greeley,CO 80631 • NH-IRCX 025-3109)Unit 6 MEIN EI IIIN 1111111111 till 111111111111 III�liii III!IIII Parcel Number:AC-615 3443755 12127/2006 10:54A Weld County, CO 36 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3O09)Unit 6 PARCEL NUMBER: AC-615 PROJECT CODE: 91032 DATE:December 6, 2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 66,and from and to any part of the real property of the Grantor in Lot 9A,Mead Crossings Subdivision, in the NE 1/4 of Section 27,Township 3 North,Range 68 West of the Sixth Principal Meridian,in Weld County,Colorado,abutting along said highway,along or across the access line or lines described as follows: NI-I-IRCX 025-3(109)Unit 6 AC-615 Westerly Commencing at the North 'A corner of Section 27, T. 3 N., R. 68 W., of the 6i° P.M.; Thence S. 86°46'39" E., a distance of 1324.09 feet to a point on the easterly line of Lot 9A, Mead Crossings Subdivision,said point being the TRUE POINT OF BEGINNING; 1. Thence N. 88°22'55"W.,parallel to the south right of way line of State Highway 66 (September 2005),a distance of 81.70 feet; 2. Thence N.87°33'51"W.,parallel to the south right of way line of State Highway 66 (September 2005),a distance of 297.51 feet to the westerly line of Lot 9A,Mead Crossings Subdivision,whence said North 'A corner bears N. 86°23'28"W., a distance of 944.97 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E 'A corner of Section 27, T. 3 N., R. 68 W. of the 61° P.M. (2" Alum Cap set in range box, stamped W 'A S7�7, T3N, R68W, 1994,PLS 23500), and the W 'A corner of Section 27, T. 3 N.,R. 68 W.of the 6 P.M.(2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. Aa .4i.� Sri OeCt et , " { aka • °V2ix For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS 16412 1420 2nd Street • Greeley,CO 80631 NH_1RCX 025-3(109)Unit 6 11010 11111 11111 11111 1111IJitll111111III IIIII Jill liii Parcel Number:AC-616 3443755 12/27/2006 10:54A Weld County, CO 37 of 39 R 196.00 D 0,00 Steve Moreno Clerk&Recorder • EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3O09)Unit 6 PARCEL NUMBER: AC-616 PROJECT CODE:91032 DATE: December 6, 2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 66, and from and to any part of the real property of the Grantor in Lot IOC,Mead Crossings Subdivision,in the NE 1/4 of Section 27,Township 3 North,Range 68 West of the Sixth Principal Meridian,in Weld County, Colorado,abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-616 Westerly Commencing at the North %. corner of Section 27, T. 3 N., R. 68 W., of the 6`h P.M.; Thence S. 85°55'18" E., a distance of 674.93 feet to a point on the west line of Lot IOC, Mead Crossings Subdivision,said point being to the TRUE POINT OF BEGINNING; 1. Thence S. 87°33'51" E., a distance of 270.11 feet to a point on the easterly line of Lot IOC,Mead Crossings Subdivision,whence said North ''/.corner bears N. 86°23'28"W.,a distance of 944.97 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. • WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E '/.corner of Section 27, T. 3 N., R. 68 W. of the 6th P.M. (2" Alum Cap set in range box, stamped W %. 527, T3N, R68W, 1994,PIS 23500), and the W 1/4 corner of Section 27,T. 3 N.,R. 68 W. of the 61h P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89°04'54"W. Os kr or triontine:t Pr i /C) •Q� 15412 } • tizer f---- For and on Behalf of the Colorado Department of Transportation David G.Ivtantych,PLS 16412 1420 2M Street Greeley, CO 80631 • NH_IRCX 025-3(109)Unit 6 11111111111 UI11 INIl 111111111111111111111111111111111 Parcel Number:AC-617 3443755 12/27/2006 10:5411 Weld County, CO 38 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"B" • PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:AC-617 PROJECT CODE: 91032 DATE:December 6,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No.66, and from and to any part of the real property of the Grantor in Lot WA, Mead Crossings Subdivision, in the NE I/4 of Section 27,Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County,Colorado, abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-617 Westerly Commencing at the North %. corner of Section 27, T. 3 N., R. 68 W., of the 6m P.M.; Thence S. 85°55'18" E., a distance of 674.93 feet to a point on the east line of Lot WA, Mead Crossings Subdivision, said point being to the TRUE POINT OF BEGINNING; 1. Thence N. 87°33'51" W.,parallel to the south right of way line of State Highway 66 (September 2005), a distance of 71.88 feet; 2. Thence S. 88°33'52" W.,parallel to said south right of way line,a distance of 200.76 feet to a point on the west line of Lot 10A Mead Crossings Subdivision, whence said North ''/, corner bears N. 82°53'28"W.,a distance of 403.82 feet. • Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E ''/.corner of Section 27, T.3 N., R. 68 W. of the 601 P.M. (2" Alum Cap set in range box, stamped W %. S77, T3N, R68W, 1994, PLS 23500), and the W 'A corner of Section 27,T. 3 N.,R. 68 W.of the 6',P.M. (2"Alum Cap, 6" below surface of gravel Jae stamped T3N R68W, S28 527, 1996, PLS 18475) as Bearing S.89 04'54"W. ®#Q, iC 61/4%*** tom'4:7477' e a 41 off'^ i b/70 For and on Behalf of the Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2nd Street • Greeley, CO 80631 , NH-IRCX 025-3(109)Unit 6 I Ill'IIIII 111111111111111111111111111 III 11111 III III Parcel Number:AC-61 3443765 12/27/21106 10:64A Weld County, CO 39 of 39 R 196.00 0 0.00 Steve Moreno Clerk&Recorder • EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:AC-618 PROJECT CODE: 91032 DATE:December 6,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 66,and from and to any part of the real property of the Grantor in Lot IA,Mead Crossings Subdivision,in the NE 1/4 of Section 27,Township 3 North,Range 68 West of the Sixth Principal Meridian,in Weld County,Colorado,abutting along said highway, along or across the access line or lines described as follows: NH-IRCX 025-3(I09)Unit 6 AC-618 Westerly Commencing at the North A corner of Section 27,T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 0°23'46" W.,along the west line of the NE 'A of Section 27, a distance of 60.03 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 88°33'52"E.,parallel to the south right of way line of State Highway 66 (September 2005), a distance of 341.23 feet to a point on the east line of Lot IA,Mead Crossings Subdivision,whence said North ''/.corner bears N. 81°24'29"W.,a distance of 344.57 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. . WIDTH CENTER OF ACCESS OPENING OPPOSITE NO POINT OF ACCESS Basis of Bearing: All Bearing's are based on a line connecting the E Vs corner of Section 27,T. 3 N., R. 68 W. of the 6`h P.M. (2" Alum Cap set in range box, stamped W % Sq7, T3N, R68W, 1994,PLS 23500),and the W 'A corner of Section 27, T. 3 N.,R. 68 W. of the 6' P.M. (2"Alum Cap, 6" below surface of gravel road, stamped T3N R68W, S28 S27, 1996, PLS 18475) as Bearing S.89°04'54"W. e�r�. • 2-4 m 16412 :044872 F a 8/2D, • For and on Behalf of the Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2nd Street Greeley, CO 80631 • OA i 3415666 l ! IIIIIOI'lII 04:58P Weld County,11111 III CO l III!IIII 1 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder DISTRICT COURT,WELD,COLORADO 901 9`h Avenue PO Box 2038 Greeley, CO 80631 Greeley, CO 80632 DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Petitioner, v. MIDWEST HERITAGE INN OF VISALIA, INC., a North Dakota Corporation; MIDWEST HERITAGE INN OF DEPTFORD, INC., a North Dakota Corporation;PANHANDLE EASTERN PIPE LINE COMPANY,LP,A Delaware Limited Partnership; UNITED POWER, INC.; A Colorado Cooperative Association; LONGS PEAK WATER DISTRICT; HIGHLAND DITCH COMPANY, a Colorado Corporation; and DONALD MUELLER,Treasurer Of • Weld County, Respondents. a COURT USE ONLY S JOHN W. SUTHERS, Attorney General Case No.: 2006CV620 MICHAEL R. MCCORMICK,Assistant Attorney General* 1525 Sherman Street, 5th Floor Div.: 4 Denver,CO 80203 (303)866-5129 Registration Number: 33682 *Counsel of Record NOTICE OF LIS PENDENS TO WHOM IT MAY CONCERN: You and each of you will please take notice that on August 25,2005,the above-named petitioner instituted an action in the District Court in and for the County of Weld and State of Colorado, which action is numbered Civil Action No. 06CV620 in said court,against Midwest Heritage Inn of Visalia,Inc., and others as named above. Petitioner seeks to condemn for highway purposes certain parcels of real property situate in the County • 11111111111111111t1!1111f"581111'��1��1111�11'1111 Recorder • 3416605 081 Steve M 2 of 20 R X01.00 D 0.00 of Weld. State of Colorado. as described in Exhibit "A," cO hich is attached hereto and incorporated as a part hereof and to deny access to certain parcels of land as described in Exhibit "B." cc hich is attached hereto and incorporated as a part hereof. DATED: This 29th clay of August. 201)6 JOHN W. St•THERS Attorney General Gcc...,L • MICHAEL R. MCCORMICK, #33682 Assistant Attorney General Litigation Section 1525 Sherman Street. 5th Floor Attorneys for Petitioner CITY AND COUNTY OF DENVER ) ss. S FATE OF COLORADO ) • Subscribed and sworn to before me in the County of Denver Suite of Colorado, by Michael McCormick, this 4:9G day of _, 2( • TARP PUB IC My Commission expires- M� � oSq yaricr 2 • • IIIlI1I1111111111INi111111111111111111III1111111111111 3415666 0812912006 04:58P Weld County, CO 3 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder VEILED D Document t'O 11 cid County District(bunt I'9th.11) Film):Ibite;Aug 25 2006 6:SSPSI AIM EXHIBIT A Filing ID:12189802 Retiev Clerk:Marla Itukling • • 1111111111111111111111111(11 I I I I 1111111 I I 111111 I I I I I I I I 3415566 08/29/2006 04:58P Weld County, CO • 4 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder NH-IRCX 025-3(109)Unit 6 Parcel Number:603 EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:603 PROJECT CODE. 91032 DATE:November 8,2005 LEGAL DESCRIPTION A tract or parcel of land No.603 of the Department of Transportation, State of Colorado,Project No.NH-IRCX 025-3(109)Unit 6,containing 352,618 square feet(8.095 acres),more or less,in the E 1/2 of Section 34,Township 3 North,Range 68 West,of the Sixth Principal Meridian,in Weld County,Colorado,said tract or parcel of land being more particularly described as follows: Commencing al the NE corner of Section 34, T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 89°07'14" W., along the north line of said Section 34 (July 2005), a distance of 350.00 feet; Thence S. 0°56'52"E.,parallel to the east line of the NE ''A of Section 34(July 2005),a distance of 90.00 feet to the TRUE POINT OF BEGINNING; I. Thence N. 0°56'52" W., parallel to the east line of the NE 'A of Section 34 (July 2005), a distance of 11.95 feet to a line parallel to the south ROW fence of Weld County Road 28 (January 2005)which passes through a point being memorialized by a#5 Rebar with a 1 /1" red plastic cap stamped"Chichester LS 7735"; 2. Thence S. 81°11'21" E., along said line parallel to said south ROW fence, a distance of 101.47 feet to the west right of way line of 1-25 (July 2005), said point being 250.00 feet distant and at right angles to the east line of the NF. '/4 of said Section 34; from which said#5• rebar with a red plastic cap bears N. 81°11'21"W.,a distance of 0.37 feet; 3. Thence S. 0°56'52" E, along said west right of way line of 1-25 (July 2005), parallel to the • east line of Section 34,a distance of 4,482.91 feet; 4. Thence N.7°07'45"W.,a distance of 325.06 feet; 5. Thence N.0°56'52"W.,parallel to the said west right of way line of 1-25(July 2005),a distance of!,025.00 feet; 6. Thence N. 13°55'36"W.,a distance of 289.42 feet; 7. Thence N.0°56'52"W.,parallel to the saidtWest right of way line of 1-25 (July 2005),a distance of 2,857.96 feet,more or less,to the TRUE POINT OF BEGINNING. The above described portion of parcel 603 contains 346,703 square feet (7.959 acres), more or less. ALSO Commencing at the E ''A comer of Section 34,T.3 N.,R.68 W.,of the 6'"P.M.;Thence S.89°20'57"W.,along the east-west 'A section line of said Section 34,a distance of 250.00 feet to the west right of way line of 1-25 (July 2005),said point being the TRUE POINT OF BEGINNING; 1. Thence N. 89°19'48"E.,along said east-west''A section line,a distance of 1.60 feet to the existing fence line; • 11111111111111111111 10111 11111 HIM 11111 Eli IIII 3415666 08/2912006 04:58P Weld County, CO • 5 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder NH-IRCX 025.3(109)Unit 6 Parcel Number 603 2. Thence S.0°59'24"E.,along the existing fence line,a distance of 2274.15 feet; the arc of a curve o the 3. Thence a radius of 22788 27 fealonet to dishe t ance off 119.10 nce feet,(thchord of said arc tbears right 0°47'53" E.,a distance of 119.10 feet; 4. Thence S. 89°03'08" W., a distance of 3.27 feet; et, a 5. Thence 119.10 fee t,(thee arc of a curve to the chord of said arc bears N.0°47'53"ft Wa .,a distans of 22785.00 e of 119.10 feet; of 6. Thence N.0°56'52"W.;a distance of 2274 15 feet,'rnore or Less,-tothe TRUE POINT OF BEGINNING. The above described portion of parcel 603 contains 5,915 square feet(0.136 acres),more or less. The above described parcel contains 352,618 square feet(8.095 acres),more or less. Basis of Bearing: A11 Bearing are based on a line connecting the SE comer of Section 34, T. 3 N.,R.68 W.of the 6'"P.M.(3 1r"Alum Cap set flush with asphalt in bridge desk, stamped T3N, R68W,S34 S35 S2, 1995;PLS 10740),and the E 'A corner of Section 34,T.5 N.,R. 68 W. of • the 616 P.M. (3 'A" Alum Ca i 'A S34 S35, 1997, PLS • 18482)as Bearing N.0°56'Sm7� !' M'e. /0•106174Ppls • k ' trw a1For and on Behalf of the Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2'w Street Grcelcy,CO 80631 I IIIIl1111111111111III11111111111111111III11111!III!III , CO • 6 0l 20 R 101.00 0 0.00 Steve MorenCouo Clerk&Recorder NH-IRCX 025-30 09)Unit 6 Parcel Number:603A EXHIBIT"A" PROJECT NUMBER:NH-1RCX 025-3(109)Unit 6 PARCEL NUMBER:603A PROJECT CODE:91032 DATE:November 30,2005 LEGAL DESCRIPTION A tract or parcel of land No. 603A of the Department of Transportation,State of Colorado, Project No.NH-IRCX 025-3(109)Unit 6,containing 12,238 square feet(0.281 acres),more or less e 68 Meridian,in Weld County,Colo in the NE 1/4 of Section r do,said tract o Township 3 rtparcceel of landeing more particularly of the r al described as follows: Commencing at the NE corner of Section 34,T.3 N.,R. 68 W.,of the 6'h P.M.;Thence S. 89°07'14"W.,along the north line of said Section 34,a distance of 350.00 feet;Thence - -- ' - 'S:0°56'52" E;parallel to the-east line of the NE''A of Section 34,a distance-of-90.00 feet-lo the - TRUE POINT OF BEGINNING; 1. Thence N.85°51'21"W., a distance of 456.80 feet; 2. Thence N.0°56'52" W.,parallel to the east line of the NE'/ of Section 34,a distance of 25.00 feet to the south right of way line of Weld County Road 28(January 2005); 3. Thence N.89°07'14"E.,along said south right of way line,a distance of 144.42 feet to a line • parallel to the south ROW fence of Weld County Road 28(January 2005),said line extended • passes through a point being memorialized by a#5 Reber with a 1 /s red plastic cap stamped "Chichester LS 7735"which bears S. 81°11'21"E.,a distance of416.24feet; II 4. Thence S. 81°11'21" E.,along said line parallel to said south ROW fence, a distance of 315.14 feet; 5. Thence S. 0°56'52"E.,parallel to the east line of the NP..'A of Section 34,a distance of 11.95 feet,more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 12,238 square feet(0.281 acres),more or less. Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34, T. 3 N.,R.68 W.of the 6th P.M.(3 'A"Alum Cap set flush with asphalt in bridge desk,stamped T3N, R68W,S34 S35 52, 1995, PLS 10740),and the E 'A comer of Section 34, T. 3 N., R. 68 W. of the 6'h P.M. (3 'A" Alum „Range Box, stamped T3N, R68W, ''A S34 S35, 1997, PLS 18482)as ring N.0° 2YW.'Mgy AT . 'tiDy i '90 For and on Behalf of the 's ' " Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2n°Street Greeley,CO 80631 • 111111 11111 01111111111111 I I I I 1111111 I I 111101111 111111111I III I I 3415666 08/29/2006 04:68P Weld County, CO 7 of 20 R 101.00 0 0.00 Steve Moreno Clerk&Recorder • NU-IRCX 025-3009)Unit 6 Parcel Number.605 EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:605 PROJECT CODE: 91032 DATE:August 6,2005 ,LEGAL DESCRIPTION A tract or parcel of land No.605 of the Department of Transportation,State of Colorado,Project No.NH-IRCX 025-3(109)Unit 6,containing 263,270 square feet(6.044 acres),more or less,in the SE 114 of Section 27, 68 dian,in Weld County,Colorado,said tract or par3 cel of land being more particularly of the described asal tfollows Commencing at the SE corner of Section 27, T. 3 N., R. 68 W., of the 6th P.M.; Thence S. 89°07'14" W., along the south line of the SE 'A of said Section 27, a distance of 350.05 feet; Thence N. 00°06'25" E., parallel to the east line of the SE V. of said Section 27, a distance of ---------BO:GI-feetm-,he-9RffE-POTNTOFBEGINNTNf;— - - - 1. Thence N.0°06'25"E.,parallel to the east line of the SE%of said Section 27,a distance of 2577.66 feet to a point on the north line of the SE'/.of said Section 27; 2. Thence N. 89°04'54"E,along the north line of the SE ''A of said Section 27,a distance of 100.02 feet to a point on the west right of way line of I-25,said point being 250.00 feet distant and at right angles to the east line of the SE ''A of said Section 27; 3. Thence S.0°0625" W.,along said west right of way line,parallel to the east line of the SE ''A of said Section 27,a distance of 2632.73 feet to a point on the north right of way • line of Weld County Road 28; 4. Thence S. 89°07'14"W.,parallel to the south line of the SE'/.of said Section 27,and along said north right-of-way line,a distance of 100.01 feet; 5. Thence N.0°06'25"E.,parallel to the east line of the SE '/.of said Section 27,a distance of 55.01 feet,more or less,to the TRUE POINT OF BEGINNING. The above described parcel contains 263,270 square feet(6.044 acres),more or less. Basis of Bearing: AIBearing are based on a tine connecting the SE corner of Section 27, T. 3 N.,It 68 W.of the 6' P.M. (3 ''A"Alum Cap in Range Box,stamped UN,R68W,S26I S27,S34 S35, 1997,PLS 18482), JS,.E,le corner of Section 27,T. 3 N.,R. 68 W. of the 6` P.M.(2" Alum in Range m 3:,jN, R6BW, W V. S27, 1994, PLS 23500) as Bearing N.0°0 2 Er c ,it �O 11 r e 4s. � /ZQOS I o ` — 4'. Ate, For and on Behalf of them d}'0 IP Colorado Department of Ti etttn David G.Mantych,PLS 16412 1420 2"°Street Greeley,CO 80631 • 111110 11111 MEMOIR Et UN'An 1111 IIII • 3415666 08/29/2006 04:58P Weld County, CO 8 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder NH-IRCX 025-3(109)Unit 6 Parcel Number.605A EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:605A PROJECT CODE: 91032 DATE:December 6,2005 LEGAL DESCRIPTION A tract or parcel of land No.605A of the Department of Transportation,State of Colorado, Project No.NH•IRCX 025-3(109)Unit 6,containing 25,806 square feet(0.592 acres),more or less,in the SE 1/4 of Section 27,Township 3 North,Range 68 West,of the Sixth Principal Meridian,in Weld County,Colorado,said tract or parcel of land being more particularly described as follows: Commencing at the SE corner of Section 27, T. 3 N., R. 68 W., of the 6'a P.M.; Thence S. 89°07'14" W.,along the south line of the SE 'A of said Section 27,a distance of 350.05 feet; N. 0°06'35"-E; pa.altel-to the east iine-ofthe SE 'A of-saih Section-27ra-distance-of — --- - 80.01 feet to the TRUE POINT OF BEGINNING; I. Thence S.0°06'25"W.,parallel to the cast line of the SE%.of said Section 27, a distance of 55.01 feet; 2. Thence S.89°07'14"W.,parallel to the south line of the SE A of said Section 27,a distance of 670.00 feet; • 3. Thence N.0°52'46" W.,a distance of 30.00 feet; • 4. Thence N.89°07'14"E.,parallel to the south line of the SE '/.of said Section 27,a distance of 214.68 feet, 5. Thence N.85°59'03"E.,a distance of 456.95 feet,more or less,to the TRUE POINT OF BEGINNING. The above described parcel contains 25,806 square feet(0.592 acres),more or less. Basis of Bearing: AILBearing are based on a line connecting die SE corner of Section 27, T. 3 , N.,R.68 W.of the 6 P.M.(3 'A"Alum Cap in Range Box,stamped T3N,R68W,S26,527,S34 535, 1997,PLS 18482), and the E 'A corner of Section 27, T. 3 N.,R. 68 W. of the 6'n P.M. (2" Alum Cap in Range Box, stamped T3N, R68W, W 'A S27, 1994, PLS 23500) as Bearing N.0°06'25"E. in k. i11/ f y 06/749O) c�� • *� % 'v • For and on Behalf of the lbw.* Colorado Department of Transportation David G. Mantych,PLS 16412 1420 2nd Street Greeley,CO 80631 • 111111 MEMOIR 1111111111 I I 1110111111111 • NH-FRCX 025-3(1D9)Unit 6 3415666 08129/2006 04:58P Weld County, CO Permanent Easement:PE-6039 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109) Unit 6 PERMANENT EASEMENT:PE-603 PROJECT CODE:91032 DATE:November 30,2005 LEGAL DESCRIPTION A Permanent Easement No. PE-603 of the Department of Transportation, State of Colorado,more o Project No. NH-1RCX 025-3(109) Unit 6 containing 29,257 square feet (0.672 acres), r less, in the NE 1/4 of Section 34, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: Commencing at the-East-1/4 corner of said Sectiorr34,-T:3 N.-, 1t-68 W., 6'" P.M.; Thence N.0°56'52" W.,along the east line of the NE V. of said Section 34, a distance of 101903 feet; Thence S.89°03'08"W.,a distance of 350.00 feet to the TRUE POINT OF BEGINNING; 1. Thence S.0°56'52"E.,parallel to the east line of the NE'A of said Section 34,a distance of 85.00 feet; 2. Thence S. 88°48'31" W.,a distance of 13.50 feet; 3. Thence S.73°58'40"W.,a distance of 66.36 feet; • 4. Thence S.23°47'12"W.,a distance of 206.50 feet; 5. Thence along the arc of a curve to the right having a radius of 132.00 feet,a distance of 157.63 feet,(the chord of said arc bears S.56°36'38"W.,a distance of 148.43 feet; 6. Thence N. 89°10'42" W.,a distance of 40.00 feet; 7. Thence N. 0°49'18" E.,a distance of 50.00 feet; 8. Thence S. 89°10'42"E.,a distance of 40.00 feet; 9. Thence along the arc of a curve to the left having a radius of 82 00 feet,a distance of 97.92 feet,(the chord of said arc bears N. 56°36'38"E.,a distance of 92.21 feet; 10. Thence N. 21°00'42"E.,a distance of 206.50 feet; 11. Thence along the arc of a curve to the right having a radius of 130.00 feet,a distance of 150.68 feet,(the chord of said arc bears N. 55°36'14" E.,a distance of 142.38 feet; 12. Thence N.88°48'31"E.,a distance of 13.87 feet,more or less, to the TRUE POINT OF BEGINNING. • NH-IRCXPermanent 0asem 091Uuit6 1 1111111111111111111 1111111111 111111 111111111 111 1111 • Easement:PE-603 3415666 08129/2006 04:58P Weld County, CO 10 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder The above described permanent casement contains 29,257 square feet (0.672 acres), more or less. Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34, T. 3 N.,R.68 W.of the 6th P.M.(3 h"Alum Cap set flush with asphalt in bridge desk,stamped T3N, R68W,S34 S35 S2, 1995,PLS 10740), and the E '/ corner of Section 34,T. 3 N.,R.68 W. of the 6'h P.M. (3 %," Alum Cap in Range Box, stamped T3N, R68W, % S34 S35, 1997, PLS 18482)as Bearing N.0°56'52"W. The purpose of this Permanent Easement is for the Construction and Maintenance of a Irrigation oa n� Canal. ric G. kr* p . .. .. ._ _ _ __ _. __ _. . Are f as • irett! / v. +- • -Vs- For For and on Behalf of the Colorado Department oflransportation David G.Mantych,PLS 16412 • 1420 2'd Street Greeley,CO 80631 0 I 11111111111 lilt 11111 1110 11111 bill IIIIIIIII III(HI • NH-IRCX 025-3009)Unit 6 3415666 08129/2006 04:58P Weld County,CO Permanent Easement:PE-603A 11 0l 20 R 101.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER;NII-IRCX 025-3(109)Unit 6 PERMANENT EASEMENT:PE-603A PROJECT CODE:91032 DATE:December 6,2005 LEGAL DESCRIPTION A Permanent Easement No. PE-603A of the Department of Transportation, State of Colorado, Project No.NH-IRCX 025-3(109) Unit 6 containing 63,046 square feet(1.447 acres), more or less, in the SE 114 of Section 34, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: -Comin ti ng-at the NE comer of said Section-34;TT 3 N.,-R:68 W.,of-the 6'h P.M.;Thence- - - - - - S.0°56'52"E.,along the east line of the NE''A of said Section 34,a distance of 4254.57 feet; Thence S. 89°03'08"W.,perpendicular to the last described course,a distance of 285.00 feet to the TRUE POINT OF BEGINNING; I. Thence S.7°07'45"E.,a distance of 281.64 feet; 2. Thence S. 89°03'08"W.,a distance of 240.33 feet; 3. Thence N.0°56'52" W.,parallel to the said Section lint,a distance of 280.00 feet; • 4. Thence N. 89°03'08"E.,a distance of 210.00 feet,more or less,to the TRUE POINT OF BEGINNING. The above described permanent easement contains 63,046 square feet (1,447 acres), more or less. Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34,T. 3 N.,R.68 W.of the 6th P.M.(3 '4"Alum Cap set flush with asphalt in bridge desk,stamped T3N, R68W, S34 S35 S2, 1995, PLS 10740), and the E ''A corner of Section 34,T. 3 N., R. 68 W. of the 6th P.M. (3 %i' Alum Cap in Range Box, stamped T3N, R68W, '/ S34 S35, 1997, PLS 18482)as Bearing N.0°56'52"W. The pure of the above reference,Fer)nanent Easement is for the Construction and yMain tee of ater Qualm Piatd.c.i‘iiki . ,: Wpb of For and on Behalf of the off.:nttj; � ` :°° . . Colorado Department of Transpi [o ' David G.Mantych,PLS 16412 1420 2'"'Street Greeley,CO 80631 • HUM 11111 1111111111 111111 11111111111 MINIM III' NH-IRCX 025-3(109)Unit 6 3415666 08/29/2006 04:68P Weld County, CO • Temporary Easement:TE-603 12 of 20 R 101.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER:NII-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT: TE-603 PROJECT CODE:91032 DATE:November 30,2005 LEGAL DESCRIPTION A Temporary Easement No. TE-603 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 8,706 square feet (0.200 acres), more or less, in the NE '4 of Section 34 Township 3 North,Range 68 West, Sixth Principal Meridian, in Weld County,Colorado,said temporary easement being more particularly described as follows: Commencing at the East '/a corner of said Section 34; Thence N. 26°14'35" W., a distance of 819.14 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 64°01'16" W., a distance of 118.85 feet; 2. Thence S. 70°24'44"W., a distance of 86.74 feet; 3. Thence S. 81°34'02" W.,a distance of57.77 feet; 4. Thence along the arc of a curve to the left having a radius of 132.00 feet,a distance of 93.40 feet,'(the chord of said arc bears N. 52°02'35"E.,a distance of 9 t.46 feet; 5. Thence N. 70°24'44" E.,a distance of 54.39 feet; • 6. Thence N.64°0I'16"E.,a distance of 135.29 feet; 7. Thence S.0°56'52"E.,parallel to the west right of way line of 1-25(September 2005),a distance of 44 15 feet,more or less,to the TRUE POINT OF BEGINNING. The above described Temporary Easement contains 8,706 square feet(0.200 acres),more or less. Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34, T. 3 N.,R.68 W.of the eh P.M.(3 ''/i'Alum Cap set flush with asphalt in bridge desk,stamped T3N, R68W, S34 835 52, 1995, PLS 10740), and the E ''/C corner of Section 34, T. 3 N., R. 68 W. of the eh P.M. (3 'A" Alum Cap in Range Box, stamped T3N, R68W, 'A S34 S35, 1997, PLS 18482)as Bearing N.0°56'52"W. p Ovor 4. The pu s o is Tempor e pie obliterate the old irrigation canal. 4 tit 1►10 7.00 3 For and on Behalf of the o Mite t. e Colorado Department of David 0.Mantych, e PLS I64 Z�, ?9,I .- 1420 2n°Street Greeley,CO 80631 • 1111111 I1111 IIIII 11111111111111111111111111111111111111�H TempoIRCXrary 0 Easement: TE-603A-t 6 3415666 08!29/2666 04:68P Weld County, • Tempornry Easement: 13 of 20 R 101.00 0 0.00 Steve Moren Clerk&Recorder EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 TEMPORARY EASEMENT:TE-603A PROJECT CODE:91032 DATE: November 30,2005 LEGAL DESCRIPTION A Temporary Easement No. TE-603A of the Department of Transportation, State of Colorado, Project No.NH-IRCX 025-3009) Unit 6 containing 900 square feet(0.021 acres), more or less, in the E ''A of Section 34 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County, Colorado,said temporary easement being more particularly described as follows: Commencing at the East V. corner of said Section 34; thence S. 11°31'50" W., a distance of — -- 1-31403-feettathe-TRUE POINT OFBEGINN{N6 - --- — 1. Thence S. 89°03'08"W.,a distance of 30.00 feet; 2. Thence N.0°56'52" W.,parallel to the west right of way line of I-25(September 2005),a distance of 30.00 feet; 3. Thence N. 89°03'08" E.,a distance of 30.00 feet; • 4. Thence S. 0°56'52"E.,along the west right of way line of 1-25(September 2005),a distance of 30.00 feet,more or less, to the TRUE POINT OF BEGINNING. • The above described Temporary Easement contains 0.021 acres(900 square feet),more or less. Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34, T. 3 N., R.68 W. of the 6`s P.M. (3 1/2"Alum Cap set flush with asphalt in bridge desk, stamped T3N, R68W, S34 S35 S2, 1995, PLS 10740), and the E 'A corner of Section 34,T. 3 N., R. 68 W. of the 6i° P.M. (3 'A" Alum Cap in Range Box, stamped T3N, R68W, ''A S34 S35, 1997, PLS 18482)as Bearing N.0°56'52"W. luNY f Temper rye merit War fol}}. $struction work area for irrigation improvements. \e 11 :}mss TyO /y^ For and on Behalf o 44 For Colorado Department f�0n David G.Mantych,PLS 1641 1420 2""Street Greeley,CO 80631 • Ny_tRC7C 025.31109)Unit 6 111111 11111 IIIII IIIII 11111111111 Ulan aaannn 111111 3415666 08/29/2006 04:58P Weld County, CO • TemporaryEascmcnt:TE-603B 14 of 20 R 101.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER;NH-IRCX 025.3(109)Unit 6 TEMPORARY EASEMENT:TE-603B PROJECT CODE:91032 DATE:November 30,2005 LEGAL DESCRIPTION A Temporary Easement No. TE-603B of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 12,600 square feet (0.289 acres), more or less, in the E 'h of Section 34 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County,Colorado,said temporary easement being more particularly described as follows: Commencing at the East % corner of said Section 34; thence S. 13°59'44" W, a distance of 1919.60-feet-to the-TRUE-POINFOF-BEGINNING 1. Thence S. 89°03'08" W.,a distance of 60.00 feet; 2. Thence N 0°56'52" W.,a distance of 210.00 feet: 3. Thence N. 89°03'08"E.,a distance of 60.00 feet; 4: Thence S.0°56'52"E.,a distance of 210.00 feet, more or less.td the TRUE POINT OF BEGINNING. • The above described Temporary Easement contains 12,600 square feet (0.289 acres), more or less. Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34, T. 3 N.,R.68 W.of the 6th P.M. (3 W'Alum Cap set flush with asphalt in bridge desk,stamped T3N, R68W, S34 S35 52, 1995, PLS 10740),and the E ''A corner of Section 34,T. 3 N., R. 68 W.of the 6th P.M. (3 ''/2" Alum Cap in Range Box, stamped T3N, R68W, ''4 S34 S35, 1997, PLS 18482)as Bearing N.0°56'52"W. Temporary easement acquired for awcgpstruction work area for grading water quality pond slopes./ Pell. M( o/97 b Zoo se— ct {r1 444) ' For and on Behalf of the it. � Cm o Colorado Department of Transpor al:ion David G.Mantych,PLS 16412 1420 2n°Street Greeley,CO 80631 • 111110 1110 111111111111111111111 III III11I Mill • 7.411-1RCX 025-3(109)Unit 6 3416666 08/29/2006 04:58P Weld County, Co Permanent Eascmcot:PE-605 15 of 20 R 101.00 D D.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PERMANENT EASEMENT: PE-605 PROJECT CODE:91032 DATE:December 6,2005 LEGAL DESCRIPTION A Permanent Easement No. PE-605 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 29,380 square feet (0.674 acres),more or less, in the SE 1/4 of Section 27, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said permanent easement being more particularly described as follows: — Commencing at-the East 1/coiner of said Section 27;T.-3 N;R.-68 W-.5-of the-6-6 Mt-Thence -- -- --S. 89°04'54" W.,along the north line of the SE %of said Section 27,a distance of 350.06 feet to the TRUE POINT OF BEGINNING; 1. Thence S. 0°06'25"W.,parallel to the existing west right of way line of 1-25(September 2005),a distance of 235.04 feet, 2. Thence S.89°04'54" W.,parallel to the said ''I.Section line,a distance of 125.02 feet; 3. Thence N. 0°06'25" E.,parallel to the said right of way line of 1-25(September • 2005),a distance of 235.04 feet; 4. Thence N. 89°04'54"E.,along the said '''4 Section line,a distance of 125.02 feet,more or less,to the TRUE POINT OF BEGINNING. The above described permanent casement contains 29,380 square feet (0.674 acres), more or less. Basis of Bearing: Alt Bearing are based on a line connecting the SE corner of Section 27, T. 3 N.,R.68 W.of the 6'"P.M. (3 'F,"Alum Cap in Range Box,stamped T3N, R68W,S26a,527,S34 S35, 1997, PLS 18482),and the E %.comer of Section 27,T. 3 N., R. 68 W. of the 6 P.M. (2" Alum Cap in Range Box, stamped T3N, R68W, W 'A 527, 1994, PLS 23500) as Bearing N.0°06'25"E. The p se this Permanen is for the Constructions and Maintenance of a Water m Quali P va eta zeOr For and on Behalf of tha • 'ISl, o Colorado Department of et, David G.Mantych,PLS 1641"le„„,m>.o. 1420 2'd Street Greeley,CO 80631 • I 111111 1110 ME Mil MI III II 1111!1 III 111111 III/III NH-LRCX 025-3(109)Unit 6 3415666 08/29/2006 04:56P Weld County, CO • Temporary Easement:TE•605 16 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT"A" PROJECT NUMBER:NH-1RCX 025-3(109)Unit 6 TEMPORARY EASEMENT:TE-605 PROJECT CODE: 91032 DATE: November 30,2005 LEGAL DESCRIPTION A Temporary Easement No. TE-605 of the Department of Transportation, State of Colorado, Project No. NH-IRCX 025-3(109) Unit 6 containing 2,400 square feet (0.055 acres), more or less, in the SE 'A of Section 27 Township 3 North, Range 68 West, Sixth Principal Meridian, in Weld County,Colorado,said temporary easement being more particularly described as follows: Commencing at the E ''A corner of said Section 27, T. 3 N., R. 68 W., of the 6ih P.M.; Thence - - - a 20°t6'59"W.,a distanwvf I ot4.77-feet-to the-TRUE-POINT Of BE61NNfN6 ----- I. Thence N 89°53'35"W., a distance of 40.00 feet; 2. Thence N.0°0625"E.,parallel with the east line of the SE '/of said Section 27,a distance of 60 00 feel; 3. Thence S. 89°53'35"E.,a distance of 40.00 feet; 4. Thence S. 0°06'25"W.,parallel with the east line of the SE'/.of said Section 27,a distance of 60.00 feet,more or less,to the TRUE POINT OF BEGINNING. • The above described temporary easement contains 2,400 square feet(0.055 acres),more or less. Basis of Bearing: Alt Bearing are based on a line connecting the SE corner of Section 27, T. 3 N.,R.68 W.of the 6'"P.M.(3 'A"Alum Cap in Range Box,stamped T3N,R68W,S266 527,S34 S35, 1997, PLS 18482), and the E 'A corner of Section 27,T.3 N., It 68 W. of the 6` P.M. (2" Alum Cap in Range Box, stamped T3N, R68W, W A 527, 1994, PLS 23500) as Bearing N.0°06'25"E. The purpose of this Temporary Easement is for a construction work area. t u*"yy 00 e,111 0.4.9 tlitOZIAI cio) 4*I „ 4,, ,,, A r 4 2_ 9 ...- sisve vest For and on Behalf of the Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2''d Street Greeley,CO 80631 • 11111111111111111 11111 11111111111111111 III 111111 III IIII • 3415666 08/29/2006 04:58P Weld County, CO 17 of 20 R 101.00 0 0.00 Steve Moreno Clerk 8 Recorder EXHIBIT B (a Woknniny t (O\4dJ Cmmry'District Court 19th.1D Filing Date: lag 25 200ti (,:5KP\t MDl Filing III:12I 89802 Ito iv.Clerk:Marla Bolding • • 111111111111111111111111111111111111111III111111 III(III NH-IRC7C 025-3(109)Unit 6 3415666 08/29/2006 04:58P Weld County, CO 18 of 20 R 101.00 0 0.00 Steve Moreno Clerk&Recorder • Parcel Number:AC-603 EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER:AC-603 PROJECT CODE:91032 DATE:November 30,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No.25,and from and to any part of the real property of the Grantor in the E 1/2 of Section 34,Township 3 North,Range 68 West of the Sixth Principal Meridian, in Weld County,Colorado,abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit-6- AC-603 Westerly Commencing at the SE corner of Section 34,T. 3 N.,R.68 W,of the 6i°P.M.;Thence N. 0°56'52" W.,along the east line of said Section 34,a distance of 287.93 feet;Thence S.89°03'08" W.,perpendicular to the previous described course,a distance of 250.31 feet to the west right of way line of I-25 (October 2005),said point being the TRUE POINT OF BEGINNING; . Thence along the art of a curve to the left having a radius of 22,785.00 feet,a distance of 119.10 feet,(the chord of said arc bears N. 0°47'53"W.,a distance of 119.10 feet,said point being 250.00 feet distant westerly and at right angles to the east line of said Section 34; • 2. Thence N.0°56'52" W, parallel to the east line of Section 34,a distance of 375.00 feet; 3. Thence N. 7°07'45" W., a distance of 275.00 feet to the center of a 20 foot access opening for the purpose of maintenance of a water quality pond,which is being excepted from this access limitation; 4. Thence N. 7°07'45"W..a distance of 50.06 feet to a point being 285.00 feet distant westerly and al right angles to the east line of said Section 34; 5. Thence N.0°56'52" W.,parallel to the east line of Section 34,a distance of 1,025.00 feet; 6. Thence N. J3°55'36"W.,a distance of 289.42 feet to a point being 350.00 feet distant westerly and at right angles to the east line of said Section 34; 7. Thence N.0°56'52" W.,parallel to the east line of Section 34,a distance of 2,857.96 feet, whence the Northeast corner bears N. 74°41'44"E.,a distance of 361.28 feet. Excepting from this grant,the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. • 1111111 11 NH-IRCX 025-3(t09,Unit 6 1111 111111111111111 MUM ill! 1111)1!II • Parcel Number:AC-603 1915688 08129/2006 04:58P Weld County, CO 19 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder WIDTH CENTER OF ACCESS OPENING OPPOSITE 20.00' Left Sta 975+60.05 Basis of Bearing: All Bearing are based on a line connecting the SE corner of Section 34,T. 3 N., R. 68 W.of the 6th P.M. (3 'Ii'Alum Cap set flush with asphalt in bridge desk,stamped T3N, R68W, S34 S35 S2, 1995,PLS 10740),and the E V. corner of Section 34,T.3 N., R. 68 W. of the 6th P.M. (3 'A" Alum Ca in Range Box, stamped T3N, R68W, '/a S34 S35, 1997, PLS 18482)as Bearing N.0 59%, ' o a• AMA• � 'q4 pt$fLee. "o, to � pfo For and on Behalf of the Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2n°Street . Greeley,CO 80631 . 11111111IIII IIIII IIIII 111111 IIIII 111111 III 1111111 II IIII NR-IRCX 0253(109)Unit 6 3415666 08/29/2006 04:58P Weld County, CO III Parcel Number:AC-605 20 of 20 R 101.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT"B" PROJECT NUMBER:NH-IRCX 025-3(109)Unit 6 PARCEL NUMBER: AC-605 PROJECT CODE:91032 DATE:November 30,2005 ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No.25,and from and to any part of the real property of the Grantor in the SE''A of Section 27,Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County,Colorado,abutting along said highway,along or across the access line or lines described as follows: NH-IRCX 025-3(109)Unit 6 AC-605 Westerly - - - Commensingafthe rsorner-efSaaties,-37; 3 N.,R-68 W,-,-of the 6th P.M.-Jhence- — _ — — ——- S.89°07'14"W.,along the south line of the SE '/,of said Section 27, a distance of 350.05 feet; Thence N. 0°06'25"E.,parallel to the east line of the SE ''A of said Section 27,a distance of 80.01 feet to the TRUE POINT OF BEGINNING; I. Thence N.0°06'25"E.,parallel with the east line of the SE'A of Section 27,a distance of 2374.43 feet to the center of a 20 foot access opening for the purpose of maintenance of a water quality pond,which is being excepted from this access limitation; 2. Thence N, 0°06'25"E.,a distance of 203.23 feet,whence the E''A corner of Section 27 bears N. 89°04'54"E.,a distance of 350.06 feet. Excepting from this grant, the right of the Grantor to have the following points of access at the locations set forth hereinafter, to be limited in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project number. WIDTH CENTER OF ACCESS OPENING OPPOSITE 2000' Lefl Sta 1043+13.01 Basis of Bearing: All Scaring arc based on a line connecting the SE comer of Section 27, T. 3 N.,R.68 W.of the 6's P.M.(3 /2"Alum Cap in Range Box,stamped T3N,R68W,S26 527,834 S35, 1997,PLS 18482),and the s,.' ac4i of Section 27,T. 3 N.,R. 68 W. of the 6'r'P.M. (2" Alum Ca in Range Box, sea'* e W, W 'A S27, 1994, PLS 23500) as Bearing N.0°0 ''E. E°k 1l! MM iiii4 1641 i OH& 7�ap1' For and on Behalf of the d'� ,� Colorado Department of Transportation David G.Mantych,PLS 16412 1420 2"a Street Greeley,CO 80631 • V. DESCRIPTION OF PROPOSED POWERS.IMPROVEMENTS AND SERVICES A. Powers of the Districts and Service Plan Amendment. The Districts shall have the power and authority to provide the Public Improvements and undertake related District Activities within the Service Area, as such power and authority is described in the Special District Act, and other applicable statutes,the common law and the State Constitution, subject to the limitations set forth in this Service Plan. A after this Service Plan is approved,the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act,no such powers shall be available to or exercised by the Districts unless the Districts publish forty- five day notice and provide written notice to the BOCC pursuant to Section 32-I-207(3)(b), C.R.S. It within forty-five (45) days of the publication of such notice, the BOCC expresses to the Districts a written objection to the proposed exercise of such new or broader power(s), then, the exercise of the same by any District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 31-1-207(2), C.R.S. The vote by a Board to obtain or utilize such additional powers which precedes the notice to the County,must occur at a public meeting of a District for which a District has sent written notification via U.S.Mail at least fourteen (14) days and not more than thirty(30) days in advance of such meeting to all electors,residents and land owners within the District. Such notice shall include the date,time and location of the meeting,as well as a general description of the matters to be considered. gib 1. Operations and Maintenance Limitation. "Operation and maintenance" shall refer to all District Activities necessary to maintain the Public Improvements,including but not limited to replacement of deteriorated materials and structures (as determined by County inspection). Specifically,the Districts shall be responsible for the operation and maintenance of all street improvements within the Project, including but not limited to streets, curbs, gutters, bridges, embankments, divider islands and medians,crosswalks, cross-pans and traffic signals and signage. The primary purpose of the Districts.is to undertake the District Activities, including the provision of the Public Improvements. The Districts shall dedicate certain Public Improvements to the County in a manner consistent with the Approved Development Plan, other rules and regulations of the County, applicable provisions of the County Code, and other rules and regulations of other governmental entities having jurisdiction. In addition to the operation and maintenance of the Public Improvements identified above, each District shall specifically be authorized to own, operate and maintain any part or all of the Public Improvements within the District not dedicated to the County or other appropriate jurisdictions, including LPWD and SVSD,where it can be demonstrated that having the District be responsible for operation and maintenance is in the best interests of the County and the residents and taxpayers of the District. 2. Longs Peak Water District and St. Vrain Sanitation District. The Districts hereby acknowledge that LPWD will be the sole provider of water services within the Districts. The Districts' authorization in this regard shall be limited to the financing and construction of all internal water improvements needed for the Project, and the financing and construction of water • 6 EXHIBIT -1124, LOTS AFFECTED BY • MITIGATION DESIGN CRITERIA >7 1 — IN I I - i / ; F Rqw' i /�/ ,/� i/, W 3N\N'atst W .• • P • /tl Q • 73 rlTIrccY _ " 'FL00DPLAIN " . . Mir- 7-7 • o ,I ' / .E -I • • ' •. • • . . • • " N i � I . . . . • . U� - - LEGEND: 1"=300' 47/7 ✓%/// LOTS AFFECTED 0 150 300' EE i • i -r--F-FT ' ELOODPLAIN g _ - ST.VRAIN CREEK g M a N q Drawing Description Project No.: 80-5161-002-00 N. © TETRA TECH LOTS AFFECTED BY Date: 10-22-07 MITIGATION DESIGN Designed By: JC A .1etra1�_� CRITERIA Drawing No. 1900 S.SUNSET STREET A SUITE 1-F.LONGMONT,CO 80501 I PHONE:303 772 5282 FAX:303.772.7039 WATERFRONT AT FOSTER LAKE Copyright: EXHIBIT u 1) -jI TETRA TECH • October 12,2007 Mr. Kim Ogle Planning Manager Weld County Department of Planning Services 918 Tenth Street Greeley, CO 80631 RE: Waterfront at Foster Lake Change of Zone Review Comments Dear Mr. Ogle: Thank you for your review of the Waterfront at Foster Lake Change of Zone submittal. This response letter specifically addresses the Conditions of Approval and notes to be placed on the Change of Zone plat, per our meeting today with yourself and Tom Honn, • Planning Director for Weld County. We will send a more thorough response after our final approval by the Board of County Commissioners. Below is a list of the key issues outlined in your comments and our responses to these issues,based on our meeting today: There are currently no issues on pages 1-3 of your comments. Page 4, "Section 22-2-240.A. (I-25 MUD.Goal 1 ) "Establish a sense of community identity within the I-25 Mixed Use Development area by planning and managing residential, commercial, industrial, environmental,aesthetic, and economic components of the area." The land uses shown on the Change of Zone plat reflect the uses shown on the Amended 1-25 MUD Structural Land Use Map 2.1,dated January 2007. (Appendix 26-Q). Conditions of Approval require an amendment to the Amended I-25 MUD Structural Land Use Map 2.1, dated January 2007 prior to recording the Change of Zone Plat." Per our meeting it was agreed to move this condition to prior to recording the Final Plat for Filings 2-6. It is also our understanding that Mr. Honn will take this issue to a future worksession with the Board of County Commissioners to determine if the County should be the applicant on an amendment application. A possible amendment to the Land Use map was discussed with the Planning Department at the Sketch Plan • stage and it was determined at that time that an amendment would not be required It 1 900 S.Sunset Street,Suite I-F Longmont CO 80501 Tel 303.77Z5282 Fax 303.772.7039 www.tetratech.com r/ • Page 2 art TETRA TECH Mr.Kim Ogle October 12,2007 • is our position that the subject areas shown as "Limited Site Factors"do not exist in the conditions described in that category. In fact, we have submitted documentation with our applications showing that the areas are not within a floodplain area or sensitive wildlife area Page 4, Section 22-2-230.F. (MUD.Goal 6)"The extraction of minerals and oil and gas resources should conserve the land and minimize the impact to Planned Unit Developments". ... "Conditions of Approval require a signed Final Surface Use Agreement prior to submitting the Final Plat application." We acknowledge the MUD.Goal 6 and have worked diligently with Anadarko, the lessee for the oil and gas rights, to accommodate existing and future oil and gas facilities. As you stated, we submitted a recorded Memorandum of Surface Agreement with our Change of Zone application and have agreed on the locations of future well sites and production facilities. Directional drill sites have been paid to Anadarko and a Surface Use Agreement is being finalized. A draft Surface Use Agreement will be presented with the Final Plat application with an executed agreement provided prior to the public hearing before the Board of County Commissioners for the Final Plat A letter from Anadarko can be provided acknowledging the status of the Surface Use Agreement • Pages 4 and 5, Section 22-2-260.D (I-25.MUD.T.Goal 2) "Promote a pedestrian trail system to service transportation and recreation purposes within the I-25 Mixed Use Development area." The Change of Zone plan currently provides for pedestrian access to the Kiteley Ranch at Foster Lake development, Mead Crossings, the Adler PUD, recreation areas within the Waterfront development, including a trail around the lake and to the new High School Site. We request that the reference to the Newby property be stricken, as it is not adjacent to the Waterfront development Page 5, Section 27-2-20,Access standards There have been several meetings with the Mead Engineering staff to discuss access. The access points were designed with their input on distances and adequate road rights-of-way. This has been incorporated into the design. It is our understanding from the Town of Mead that an access permit would not be required until the Final Plat stage, when engineering was complete on all the road designs. We will obtain a letter from the Town of Mead acknowledging the timing for access permits and provide this letter,prior to recording the Change of Zone plat Page 5, Section 27-2-40,Bulk Requirements Setbacks: The PUD process allows for flexibility within the standards and we have • shown a Table on Sheet 7 of the Change of Zone plat which describes specific C:\Documents and Settings\Donna.1 Taylor\Local Settings\Temporary Internet Files\OLKB10ctober 11 Response to WC final ver.doc 0 Page 3 TETRA TECH Mr.Kim Ogle October 12, 2007 • setbacks. It is our desire to go forward with the Change of Zone as shown in the application and maps. We would also like to record the Waterfront at Foster Lake Development Guide as a supplement to the Change of Zone plat. As stated on the plat under the Setback Notes: 1. All Setbacks are measured from the outside of the foundation wall 2. The following architectural elements may encroach 2.5 feet into the side setbacks, measured from the foundation wall: A. Eaves B. Bay and Box Windows C. Room Projections and Cantilevers D. Foundation Counterforts E. Brick Ledge F. Concrete Sidewalks and Stoops G. Air Condition Units 3. Items allowed in the rear and front setback area include the following: • A. Front yard sidewalks B. Backyard patio/decks(not to encroach in 10'backyard utility easements) C Backyard air condition units D. Front setback is measured from back of sidewalk E. Covered porches may extend into the rear setbacks a minimum of ten feet (10')from the property line. Building Heights: As discussed in our meeting, we agree to limit the building height to 35'for the two multi family tracts(8.4 acre tract, adjacent to WCR 7 and north of the High School site and the 7.3 acre tract north of WCR 28 and west of 1-25). The multi- family parcel(13.6 acre tract north of the High School and west of the Community Center) will be allowed to have building heights of 45. These heights are measured as described in our Change of Zone Plat, sheet 7 and states, "Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all planning districts." We understand that all multi-family tracts will be subject to future Site Plan Review by Weld County. Page 6, Section 23-3-160.L.1.f of the Weld County Code requires a three-hundred-fifty foot setback from any oil and gas production facility with a residential zone district. As stated previously, we have worked diligently with Anadarko, the lessee for the oil and gas rights,to accommodate existing and future oil and gas facilities, including • setbacks. Anadarko has agreed to the setbacks as described in the Change of Zone application. We submitted a letter from Anadarko with the Sketch Plan and Change of C:\Documents and Settings\Donnai.Taylor\Local Settings\Temporary Internet Files\OLIO\October I 1 Response to WC final ver.doc 10 Page 4 TETRA TECH Mr. Kim Ogle October 12, 2007 • Zone applications, which state that they agree with the 150'setbacks from wellheads, tank batteries, separators, meter houses and emission control devices for existing and new facilities on the property and 350 feet from any structures classified as assemblage occupancies. A finalized Surface Use Agreement will be completed and identifies specific agreed upon setbacks. A draft Surface Use Agreement will be presented with the Final Plat application with an executed agreement provided prior to the public hearing before the Board of County Commissioners for the Final Plat A letter from Anadarko can be provided acknowledging the status of the Surface Use Agreement Page 7,Last paragraph, last sentence: "The applicant is also required to provide an agreement with the owner of the property north of the site for the relocation of the irrigation ditch serving the property prior to submitting the Final Plat application." As discussed in our meeting, there was confusion regarding a line on our map. The line is not an irrigation ditch, but is an access road for oil and gas. It was indicated that this requirement would be stricken. Page 11-12,4. A. 1-10 Public Works Items We will continue to work with Public Works and provide a letter stating how these items will be addressed Don Dunker and Scot Lewis, with Public Works have • acknowledged that they are satisfied to address these issues with the Final Plat and have provided us documentation verifying this. We will provide this documentation to the Planning Department Page 12, 4. B. Mead As stated previously, we will provide a letter from the Town of Mead,prior to recording the Change of Zone plat Page 13, Items C through I and K, Various referral agencies We will provide documentation addressing the requirements of the various referral agencies. Page 13,Item J Sign plan As discussed in our meeting, this item will be moved to submittal with Final Plat, Filing I. Page 13, Item L Right-of-way for the expansion of 1-25 has already been obtained by CDOT, as well as • easements for drainage and temporary construction. This documentation is shown in the Title Commitment submitted with the Change of Zone. Additional documentation C:IDocuments and Settings\DonnaJ.TaylorZocal Settings\Temporary Internet Files\OLKB\October U Response to WC final ver.doc Page 5 TETRA TECH Mr. Kim Ogle October 12,2007 • will be submitted to the Planning Department ver jfying all legal descriptions and obtained easements for storm drainage, by CDOT. Page 14, Item M. As discussed in our meeting, this item will be moved to submittal with Final Plat, Filing 1. Page 14, Item N. We are currently in the process of completing permits with the Weld County Department of Public Health and Environment for the Evaluation and Statements of Fasting for the septic systems located on the property. Page 14, Item O. As discussed in our meeting, this item will be stricken and will be satisfied with the additional CDOT documents described above. Page 14, Item P. • As discussed in our meeting, this item will be moved to prior to recording the Final Plat, Filing I. Page 14, Item Q. As stated previously,per our meeting it was agreed to move this condition to prior to recording the Final Plat for Filings 2-6. It is also our understanding that Mr.Honn will take this issue to a future worksession with the Board of County Commissioners to determine if the County should be the applicant on an amendment application. A possible amendment to the Land Use Map was discussed with the Planning Department at the Sketch Plan stage and it was determined at that time that an amendment would not be required It is our position that the subject areas shown as "Limited Site Factors"do not exist in the conditions described in that category. In fact, we have submitted documentation with our applications showing that the areas are not within a floodplain area or sensitive wildlife area. The Comprehensive Plan describes these areas as follows: "Land designated as having limiting site factors are primarily defined by the one- hundred-year floodplain(as defined by FEMA Flood Insurance Rate Maps)which comprises approximately four and thirty-seven hundredths percent(4.37%) of the County land mass. • C:\Documents and Settings\DonnaLTaylorll.ocal Settings\Temporary Internet Files\OLKrOctober I I Response to WC final ver.doc Page 6 it TETRA TECH Mr. Kim Ogle October 12,2007 • Additional land containing limiting site factors is located along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical, development within areas having limiting site factors shall be located to preserve the natural features of the site,to avoid areas of environmental sensitivity and to minimize negative impacts and alteration of natural features." The Waterfront development has been designed to preserve the areas along the lake, drainage ways and has located the lots to preserve the natural features of the site and has avoided any areas of environmental sensitivity. Page 15, R. 6. Amendments to the plat, Oil and Gas As discussed in our meeting, we request additional notation on the plat that would state: "A recorded Surface Use Agreement supersedes the requirements of the Change of Zone plat in regard to all oil and gas facilities." In addition we would like to show the 400'x 400'and the 800'x 800'Oil and Gas Drill Envelope locations per state statute on supplemental pages of the Change of Zone plat We would request two additional pages to the plat, to show the project with and without the Surface Use Agreement, rather than directly on the current sheets,to prevent confusion in the future. • A draft Surface Use Agreement will be presented with the Final Plat application with an executed agreement provided prior to the public hearing before the Board of County Commissioners for the Final Plat A letter from Anadarko can be provided acknowledging the status of the Surface Use Agreement Page 15, R. 9. I-25 right-of-way As discussed in our meeting, this item will be stricken and documentation will be provided to the Planning Department, as discussed previously. Page 15, S. 1-12 We agree and will place these notes on the plat as written. The only exception would be in regard to setbacks and building heights. As discussed in our meeting, we would like to add language to the notes that say, "and as specifically defined on the Change of Zone Plat, Sheet 7 PUD requirements and the Waterfront at Foster Lake Development Guide." Page 15, S. 13 The Service Plan for the Waterfront at Foster Lake specifically describes that the District will maintain Public Improvements, described as "street improvements, • including but not limited to streets, curbs,gutters, bridges, embankments, divider islands and medians, crosswalks, cross pans and traffic signals and signage." We may C:\Documents and Settings\DonnaJ.Taylor\Local Settings\Temporary Internet Files\OLKB\October I I Response to WC final ver.doc 0 Page 7 TETRA TECH Mr. Kim Ogle October 12, 2007 • operate and maintain other facilities such as open space,private utilities and other facilities, however the approved Service Plan does not require it. Either the Metro District or a Homeowners Association will maintain these facilities. We request that the language for this note be re-written to specifically reflect the Service Plan approved by the Board of County Commissioners. See attached Page 6 from the Waterfront at Foster Lake Service Plan. Page 16, S. 14 We agree with this note, but would like to add language that states "or may be provided by another approved agency or municipality." Page 16, S. 17 We agree and will place the note on the plat as written. We may request early grading permits from Weld County to accommodatefinal grade pad sites for oil and gas facilities or other utilities,prior to Final Plat applications. Page 16, S. 20 We would like to add language to this note to say "and per the Waterfront at Foster • Lake PUD Development Guide and Change of Zone, Sheet 7PUD requirements." Page 16, S. 22 We would like to change the language to this note to state: "Building heights are measured as described on the Change of Zone Plat, sheet 7. Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all planning districts." Page 16, S. 23 We would like to delete the last sentence and insert the following setback requirements: "Setbacks: The PUD process allows for flexibility within the standards and we have shown a Table on Sheet 7 of the Change of Zone plat which describes speck setbacks. Setback Notes: 1. All Setbacks are measured from the outside of the foundation wall 2. The following architectural elements may encroach 2.5 feet in to the side setbacks, • measured from the foundation wall: C:\Docoments and Settings\DonnaLTaylor\Local Settings\Temporary Internet Files\OLKB\oetober I I Response to WC final ver.doc 0 Page 8 TETRA TECH Mr. Kim Ogle October 12,2007 • A. Eaves B. Bay and Box Windows C Room Projections and Cantilevers D. Foundation Counterforts E. Brick Ledge F. Concrete Sidewalks and Stoops G. Air Condition Units 3. Items allowed in the rear and front setback area include the following: A. Front yard sidewalks B. Back yard patio/decks(not to encroach in 10'backyard utility easements) C. Backyard air condition units D. Front setback is measured from back of sidewalk E. Covered porches may extend into the rear setbacks a minimum of ten feet (109 from the property line." It is our desire to go forward with the Change of Zone as shown in the application and maps. We would also like to record the Waterfront at Foster Lake Development Guide as a supplement to the Change of Zone plat. . Page 16, S. 24-26 We agree and will place these notes on the plat as written. Page 16, S. 27 We do not agree with this note and would like for it to be stricken. See above regarding setbacks. Page 16, S. 28 We do not agree with this note and would like for it to be stricken. See above regarding setbacks. Page 16, S. 29 and 30 As discussed in our meeting, we would not be willing to have height restrictions on the southern residential lots. The lots on the eastern side are setback from the river up to 1000'and the minimum distance is 225'for the lots on the western side. In lieu of height restrictions we would be willing to add some additional language to the Development Guide and/or notes on the Change of Zone plat, which places emphasis on visual mitigation measures rather than height restrictions. We suggest the • following: C:1Documents and Settings\DonnaiTaylorU..ocal Settings\Temporary Internet Files tOL1B\October 1I Response to WC final ver doc Page 9 IllEt TETRA TECH Mr. Kim Ogle October 12,2007 • Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colon(including the colon of basement walls on the downhill side of the structure) and roof surfacing materials; (a)repeat the colon found most commonly in the land and vegetation around the building(earth tone), and(b) have a light reflective value of no more than forty percent(40%). Reflective materials and bright colon that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colon on any wall or roof surface. Vegetation: The area around each primary structure and accessory structure shall include at least one(I) tree of a species with a mature height of at least thirty-five(35) feet for each two thousand five hundred(2,500) square feet of lot or parcel area; provided, however, that this requirement shall not require any single-family residential lot to contain more than eight(8) trees.At least fifty percent(50%) of the total number of trees required on the lot or parcel shall be located within fifty(50)feet of the primary structure on the side of the primary structure facing the nearest viewing platform. In addition, to the maximum degree feasible, during overlot grading, all existing mature vegetation with a height of more than three(3)feet, other than noxious plants • and weeds,shall be preserved.Any existing trees that meet the height requirement are counted towards satisfaction of the free requirement Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees or other outdoor areas shall use full cutoff light fixtures.A full cutoff light fixture is one in which no more than two and one-half percent(2.5%) of the total output is emitted at ninety degrees(909 from the vertical pole or building wall on which it is mounted All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. *We would like to amend the plat to specifically identify the affected lots with a hatch line on the Change of Zone plat Page 16, S. 31 We propose amending this note to reflect the specific uses shown on Sheet 7 of the Change of Zone plat, with the deletion of number 4.I.C. Theaters, etc., and 4.I.H. Hospitals. We would like to leave the remaining uses within 4.I.H.for nursing homes, retirement centers and mental or physical rehabilitation centers. Page 16, S. 32 • We propose to modem this note to: C:\Documents and Settings\Donnaj.Taylor\Local Settings\Temporary Internet Fiks\OLK9\October 11 Response to WC final ver.doc Page 10 "Et TETRA TECH Mr.Kim Ogle October 12, 2007 • "Setbacks: The PUD process allows for flexibility within the standards and we have shown a Table on Sheet 7 of the Change of Zone plat which describes specific setbacks." It is our desire to go forward with the Change of Zone as shown in the application and maps. We would also like to record the Waterfront at Foster Lake Development Guide as a supplement to the Change of Zone plat Page 16, S. 33 As discussed previously in this letter and in our meeting, we would like to modem or strike this note to reflect the following regarding building height restrictions: "The building height is 35'for the two multi-family tracts (8.4 acre tract, adjacent to WCR 7 and north of the High School site and the 7.3 acre tract north of WCR 28 and west oft--25). The multi-family parcel(13.6 acre tract north of the High School and west of the Community Center will be allowed to have building heights of 45'.All other single family residential lots are 35: These heights are measured as described in our Change of Zone Plat, sheet 7 and states, "Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all planning districts." We understand that all multi-family tracts will be subject to future Site Plan • Review by Weld County." Also,see notes 29 and 30 above regarding mitigation. Page 17, S. 34 We agree and will place these notes on the plat as written. Page 18, S. 35 As discussed in the meeting, we agree to change the language for this note to read: "The minimum setback from oil and gas production facilities shall be three-hundred- fifty feet unless there is a Recorded Surface Use Agreement which describes agreed upon setbacks of 150'from wellheads, tank batteries,separators, meter houses and emission control devices for existing and new facilities on the property,for residential and commercial areas and 350 feet from any structures classified as assemblage occupancies. A recorded Surface Use Agreement supersedes the requirements of the Change of Zone plat in regard to all oil and gas facilities." Page 18, S. 36-39 • We agree and will place these notes on the plat as written. C:\Documents and Settings\Donnal.TaylorTocal Settings\Temporary Internet Files\OLKB\October 11 Response to WC final ver.doc Page 11 (..* TETRA TECH Mr. Kim Ogle October 12, 2007 S Page 18, S. 40 As discussed in our meeting, we propose to change the language of this note to state: "Oil and gas structures shall be fenced to avoid tampering as required by the COGCC and be the responsibility of the facility owner.". Page 18, S. 41 As discussed in our meeting, we would like to continue fishing on the property, as it will be a recreational opportunity on the property. We request that "fishing"be stricken from this note. Pages 18-19, S. 42-51 We agree and will place these notes on the plat as written, with the exception of notes number 44 and 49. We would also like to record the Waterfront at Foster Lake Development Guide as a supplement to the Change of Zone plat We would like to amend those notes to say: • 44. "Except where noted on the Change of Zone plat and Waterfront at Foster Lake Development Guide, the property owner shall b responsible for complying with the Performance Standards of Chapter 27,Article H and Article VIII, of the Weld County Code." 49. "Except where noted on and consistent with the Change of Zone plat and Waterfront at Foster Lake Development Guide, the PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code." We appreciate the opportunity to work with the Planning Department on these items. If you have any additional questions or comments,please feel free to contact me. Thank you for your time and input on this project. Sincerely, O ' o ad Planning Department onager Pc: Linda Sweetman-King • Cathy Leslie C:\Documents and Settings\DonnaJ.Taylor\Local Settings\Temporary Internet Files\OLKB\October 11 Response to WC final ver.doc MEMORANDUM �t TO: Board of County Commissioners WilDElk DATE: October 16,2007 COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Amendments to Administrative Recommendation Waterfront at Foster Lakes PUD,Case No. PZ-1126 HF Holdings LLC,Applicant, do Linda Sweetman-King The Department of Planning Services met with representatives for the applicant on October 11,2007 for the purposes of discussing the Administrative Comments for the proposed Waterfront at Foster Lakes PUD,Case Number PZ-1126. Previous to this meeting staff comments were provided to the applicant for review and response. Discussion with the applicant's representative addressed several points of the administrative comments primarily seeking clarification of the statement. In several instances modification of the sentence structure or timing of the requirement resolved the issue to the satisfaction of both parties. Given the resolution of issues on a variety of fronts, it is the opinion of the Department of Planning Services that the letter dated October 12,2007 adequately addresses the position of both the applicant and the County. Planning Services in discussion with the applicant on October 16,2007 proposed two amendments to the October 12,2007 letter. The two amendments for inclusion are additions to the following text sections included in the Administrative Comments: Section 22-2-230.F(MUD.Goal 6)states, "The extraction of minerals and oil and gas resources should conserve the land and • minimize the impact to Planned Unit Developments." As proposed, the future oil and gas operations are limited to approximately eleven locations within the open space and development.A recorded Memorandum of Surface Agreement between Kerr-McGee Oil and Gas Onshore,LP and Waterfront at Foster Lake,LLC dated June 13, 2007 exists for future drilling operations located in Section 27+34, Township 3 North, Range 68 West of the 6t^P.M., Weld County. The Department of Planning Services is of the understanding that the recorded Memorandum of Surface Agreement between Kerr-McGee Oil and Gas Onshore, LP and Waterfront at Foster Lake, LLC dated June 13,2007 serves as the basis for the Final Surface Use Agreement(SUA)that is presently under review. To this end Planning Services requests a letter from Molly Buchannon,Attorney for Anadarko,or Terry Enright,Engineer/Senior Landman with Kerr-McGee Oil&Gas Onshore LP to establish the status of activities toward the completion of the Final SUA Agreement. This document is to be presented to Planning Services prior to the November 14,2007 Board of County Commissioners hearing. Section 27-2-40,Bulk requirements Staff concurs with the proposed bulk standards delineated on Page 7 of the submitted plat documents. Planning Services is proposing no changes to the initial request. To further provide clarification to this bulk standards, Planning Services is requesting one additional note be placed on both Sheet 7 and also on the Change of Zone Plat as a Note. In no event will there be an encroachment into the Utility or Drainage Easement as stipulated in Chapter 27, Section 27-9-40 and Chapter 24, Section 24-7-60 Easement Standards[Utilities]. • End Memorandum EXHIBIT ribTETRA TECH • October 23,2007 Ms. Pam Smith Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley,CO 80631 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ- 1126 Dear Ms. Smith: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Change of Zone Application. In your referral letter dated August 31,2007,you expressed the following concerns or recommendations. Our response follows: • Water service shall be obtained from Longs Peak Water District. The final Subdivision Service Agreement is completed with the Longs Peak Water District Longs Peak will provide both potable and non potable water for the development • Sewer service shall be obtained from the St.Vrain Sanitation District. • The property has been included in the St Vrain Sanitation District and the final Subdivision Service Agreement is completed with the St Vrain Sanitation District • Permanent restroom and handwashing facilities shall be provided within easy access of the public gathering areas. There will be permanent restroom and handwashing facilities within easy access of the public gathering areas. The two pocket parks with tot lots will have enclosed portable toilets' the public pavilion and community center will be connected to St Vrain Sanitation District The picnic area is within walking distance to the parkRot lot in the southern portion of the development • Any abandoned septic system must comply with the Weld County Code Section 30-7-70. The applicant should contact the Department to update existing septic permits for those systems that have been abandoned. All current septic systems will be abandoned according to the Weld County Code Section 30- 7-70 during the construction of the Filing in which they are located All septic permits will be updated with the Department, with a letter stating the method of abandonment • All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health&Environment. The Environmental Health Division of the Weld County Department of Public Health&Environment was unable to locate a septic system permit for the existing structures at 3203 and 3826 CR 28. Any existing septic system(s)which is not currently permitted through the Weld County Department of Public Health& Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate,the system(s)must be brought into compliance with current I.S.D.S. regulations. The septic system located at 3826 CR 28 is currently being evaluated as a condition of . approval for RE-4683. The septic system is located on Lot D of the Recorded Exemption. An I.S.D.S.Evaluation and Statement of Existing will be completed and submitted to the 1900 5.Sunset Street Suite I-F Longmont.CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com g �xNcn Page 2 fl TETRA TECH Ms. Pam Smith October 23,2007 • Department of Public Health&Environment The house located at 3203 CR 28 is not apart of the Recorded Exemption,however the septic system is also being evaluated and a Statement of Existing will be completed and submitted to the Department • A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PennitsUnit for more information. It is acknowledged that when land disturbance is greater than or equal to one acre in area, the Water Quality Control Divisions of the Colorado Department of Public Health and Environment will be contacted for all appropriate permits. • During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions,at the request of the Weld County Health Department,a fugitive dust control plan must be submitted. It is acknowledged that at the time of development of the site,all land disturbances will be conducted so that nuisance conditions are not created and if applicable,all appropriate permits will be acquired. • In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. It is acknowledged that any development which disturbs more than S acres of land must • incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. • If land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice,and apply for a permit from the Colorado Department of Public Health and Environment. It is acknowledged that if land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months duration,the responsible party will acquire all appropriate permits from the Colorado Department of Public Health and Environment We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH u le Cozad Planning Department Manager • RA5161_002_anderson\Documents l5161_002_03Uteferral Agencies\COZ referral responses\Public health response 092407.doc 0 . TETRA TECH • October 23,2007 Ms.Megan Humbrecht Project Assistant St.Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ- 1126 Dear Ms. Humbrecht: Thank you for your referral for the Waterfront at Foster Lake,Change of Zone application to Weld County. Your response indicated that the project is located within the St.Vrain Sanitation District (SVSD)208 service area and will be served contingent on the following: • Subdivision Service Agreement signed and returned. The Subdivision Service Agreement has been signed by the applicant and returned to SVSD for signature by the Board of Directors. A final copy will be forwarded to the Weld County Department of Planning Services, after we receive it back from SVSD. • Approval of onsite sewer construction drawings. • This condition is acknowledged and sewer construction drawings will be submitted at the time of Final Plat to Weld County and will also be submitted to SVSD for review and approval • Completion of necessary connection requests/agreements. This condition is acknowledged and all necessary connection requests/agreements will be completed at the time of Final Plat to Weld County. • Receipt of applicable fees. This conditions is acknowledged It is also acknowledged that portions of the project will tie into the North Line and portions will tie into the Liberty Line. Service will be coordinated with SVSD and be subject to SVSD policy, rules and regulations. We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH • a 4,1 Julie Cozad Planning Department Manager • l- 1900 S.Sunset Street Suite I-F Longmont,CO 8050 Tel 303.7725282 Fax 303.772.7039 wwwtetratech.co se ; 815161002_anderson\Documents\5161_002_031Referral AgenciestCOZ referral rcsponses\SVSD response101907.dec r laTETRA TECH • October 23,2007 Ms. Jennifer Krieger Planner, City of Dacono 512 Cherry Street Dacono, CO 80514 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ-1126 • Dear Ms.Krieger: Thank you for your referral for the Waterfront at Foster Lake,Change of Zone application to Weld County. Your response to Weld County indicated that the application was reviewed and that the City found no conflicts. We appreciate your input on this project. Please contact me at 303-772-5282 with any questions • regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, 1'h IRA TECH Qecozkt24t1Planning Department Manager • 1900 S.Sunset Street Suite -F Longmont CO 80501 K Tel 303.7715282 Fax 303.772.7039 www.tetratech.com w �+ R:15161_002_anderson\Documents\5161 002_03\Referral Agencies\COZ referral responses Dacono response 092607.doc awn IllIt ETETRA TECH • October 23, 2007 Ms. Bethany Salzman Weld County Zoning Compliance Officer Weld County Department of Planning Services 4209 Weld County Road 24.5 Longmont, CO 80504 RE: Waterfront at Foster Lake Change of Zone Referral Comments, Weld County Project PZ-1126 Dear Ms. Salzman: Thank you for your referral for the Waterfront at Foster Lake,Change of Zone application to Weld County. Your response indicated that the application was reviewed and that upon review of the case files and computer data, no violations were noted and there were no conflicts. We appreciate your input on this project. Please contact me at 303-772-5282 with any question regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. • Regards, TETRA TECH Planning Department Man • • 1900 S.Sunset Street.Suite I-F Longmont CO 80501 = Tel 303/725282 Fax 303.7727039 www.tetratech.com x R:\5161 002_anderson\Documents\5161 s\Z 002_031Referral Agencies\COZ referral responseoning compliance response 092607.doc W r ItTETRA TECH • October 23,2007 Roger Vigil Building Official Weld County Department of Planning Services Building Inspections North Office 918 10's Street Greeley,CO 80631 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ- 1126 Dear Mr. Vigil: Thank you for your response to the referral request from the Weld County Planning Department for the Waterfront at Foster Lake Change of Zone Application. In your referral letter dated August 17,2007,you expressed the following concerns or recommendations. Our response follows: • A separate building permit shall be obtained prior to the construction of any building. It is acknowledged that a separate building permit will be obtained prior to the construction of any building. • • A plan review is required for each building for which a building permit is required. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Commercial building plans require a Code Analysis Date sheet,which is provided by the Weld County Building Department Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. The above information is acknowledged • Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code;2006 International Plumbing Code; 2006 International Fuel Gas Code;2005 National Electrical Code and Chapter 29 of the Weld County Code. All buildings will conform to the requirements of the codes adopted by Weld County at the time of permit application, unless otherwise shown on the Waterfront at Foster Lake Change of Zone plat map and Development Guide. • Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. It is acknowledged that each building will require an engineered foundation as described above and shall be designed by a Colorado registered engineer. • Fire resistance of walls and openings,construction requirements,maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. It is acknowledged that fire resistance of walls and openings and construction requirements will be reviewed at the plan review, however maximum building height, • setback and offset distances were outlined on Change of Zone Plat,Sheet 7,for the m 1900 S.Sunset Street.Suite I-F Longmont,CO 80501 = . Tel 303.772 5282 Fax 303.7717039 wwwtetratechcom �(ssn .np0.1 F Page 2 TETRA TECH Mr. Roger Vigil October 23, 2007 • Change of Zone PUD overlay district and vary from Weld County's Code, Chapter 23. The PUD overlay district allows for flexibility with Bulk requirements such as building heights,setbacks and offsets. Please see the specific building heights,setbacks and offsets described in the Waterfront at Foster Lake Change of Zone Plat and Development Guide. • Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. As stated previously, the purpose of the PUD overlay zoning within Weld County is to allow for flexibility with the Bulk requirements such as building heights,setbacks and offsets. Please see the specific building heights,setbacks and offsets described on the Waterfront at Foster Lake Change of Zone Plat,Sheet 7 and the Development Guide. These heights are measured as described in our Change of Zone Plat,sheet 7 and states, "Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all planning districts." • There are no historical building permits on record for these parcels. • It is acknowledged that there are no historical building permits on record for these parcels. • Provide a letter of approval from Mountain View Fire Protection District prior to construction. We will continue to work with the Mountain View Fire Protection District and will provide a letter of approval from them prior to construction. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. Thank you for your assistance. Regards, TETRA TECH 1e Cozad /� Planning Department Manag • R\5161_002_andersonWocuments\5161_002 03\Referral Agencies\COZ refertal responseAl ildinginspection response092407.doc J ItTETRA TECH • illinmswit November 1,2007 Mr. Bruce Nickerson Town Planner, Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520' RE: Waterfront at Foster Lake Change of Zone Referral Comments, Weld County Project PZ-1126 Dear Mr.Nickerson: Thank you for your response to the referral request from Weld County for the Waterfront at Foster Lake Change of Zone Application and meeting with myself, Linda Sweetman-King and Lauren Balsley on October 26, 2007. We have reviewed your comments and are addressing them as follows: • Development impacts and trail access: Careful thought was given in designing the • project with approximately 36% of the development as open space, which exceeds the amount required by Weld County by 16%. We designed the open space areas around the ditches,natural drainage ways,the edges of Foster Lake and the floodplain areas along the St Vrain Creek with wildlife and environmental concerns in mind. These areas will have limited development with some park and trail areas and can continue to be corridors for animals to move from Foster Lake to the St. Vrain Creek. • Setbacks from St.Vrain Creek: The project has buffer area setbacks which are a minimum of 225' from the St. Wain Creek to the back of lot lines and over 1000' in portions of the southeastern developed area of the project. It is our opinion that this is an extensive setback and is adequate to protect any view sheds,wildlife or environmental concerns. Additionally,we have added mitigation design criteria to our Change of Zone application to apply to some of the southern lots. The lots that will be impacted by the design criteria will be identified on the Change of Zone plat and are shown on the attached exhibit. The criteria that will pertain to those lots are listed below: Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials;(a)repeat the colors found most commonly in the land and vegetation around the building(earth tone), and(b)have a light reflective value of no more than forty percent(40%). • Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall or roof surface. 1900 5.Sunset Street,Suite 4F Longmont,CO 80501 = Tel 303.772.5282 Fax 303772.7039 wwwtetratech.com g �+!. , .nptlq Page 2 E TETRA TECH Mr. Bruce Nickerson November 1,2007 • Vegetation: The area around each primary structure and accessory structure shall include at least one (1)tree of a species with a mature height of at least thirty-five(35) feet for each two thousand five hundred(2,500) square feet of lot or parcel area;provided, however,that this requirement shall not require any single-family residential lot to contain more than eight(8)trees. At least fifty percent(50%)of the total number of trees required on the lot or parcel shall be located within fifty (50)feet of the primary structure on the south side of the primary structure. In addition,to the maximum degree feasible, during overlot grading,all existing mature vegetation with a height of more than three(3) feet,other than noxious plants and weeds, shall be preserved. Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirement. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade,and all outdoor light sources mounted on poles, buildings or trees or other outdoor areas shall use full cutoff light fixtures.A full cutoff light fixture is one in which no more than two and one-half percent(2.5%)of the total output is emitted at ninety degrees(9(r) from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. • • Trail access: The trails,roads (some with bike lanes)and sidewalks connect to adjacent properties, including the new high school and planned developments to the north and west of the project. The applicant does not want to incorporate a pedestrian bridge from the development into St. Vrain State Park at this time. There are several concerns regarding safety for future residents of the Waterfront Development, for example State Park visitors may park within the residential neighborhoods to avoid paying park fees and additional policing of the neighborhood may be required because of the potential impacts. These impacts may include trespassing,trash problems,parking problems, use of the Waterfront restrooms and overnight camping within the Waterfront parks and open space areas. We believe these impacts will also be a detriment to wildlife,the environment and the floodplain. The Weld County Planning Department has verified that all of the trails shown within the Waterfront at Foster Lake development meet the requirements of the Mixed Use Development Chapter of the Weld County Code. • Floodplain: The open space area on the southern portion of the property(shown on the attached exhibit),adjacent to the St. Vrain Creek, is within the 100 year floodplain. There are areas within the St. Vrain Creek itself, which are within the designated Roadway. The Waterfront project was specifically designed so that there are no residential lots within these areas and the open space was carefully planned for passive • recreational uses and limited disturbance,to lessen any impacts. Another concern with the pedestrian connection across the St Vrain Creek is that the County does not allow for any structures,as defined in the Weld County Code, to be • 0 Page 3 TETRA TECH Mr. Bruce Nickerson November 1, 2007 • placed within the floodway. Weld County's Code defines structures as "Anything that is built,constructed or erected,an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner,but not including poles, lines,cables or distribution facilities of public utilities." The St.Vrain Creek has many sensitive areas,including some jurisdictional wetlands, according to our environmental report submitted with the Change of Zone application to Weld County and verified by the Army Corps of Engineers. The Division of Wildlife (DOW)recommends that trails, intensive recreational uses and other activities be located at the edge of the floodplain at a minimum, so that wildlife is not being disturbed in their natural environments. Their recommendation is that picnicking and wildlife viewing should be minimized within these areas. The Waterfront project has incorporated recommendations from the Army Corps of Engineers and DOW into our plans. Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. We would be happy to meet with you to discuss these matters further. Thank you for your referral for this development. Sincerely, TETRA TECH u e Cozad Q Planning Department M r Enclosure 215161.002 anderson\poounsenfs\516100203\Referral Agencies\COZ referral reaponxc,Wireslooc response I I0107.doc • • LOTS AFFECTED BY • MITIGATION DESIGN CRITERIA . i i/i k 0-T - i %,,,, i 1 j% D m . %j/%/j j'' 6 I • • • . •. . . • ' •,,, ,e . • - . . . .... .. .. . • . . • .• .,„ • 'i �% • s . . NN, r 1 % ' . . . • . . . . . • . . r • 06 441 // i % r/% //�% FLOODPLAiN. • . . . ii /! % 1 • Lit 0 g " LEGEND: 1"=3001 ro • ......._..__.... may"' %///s.// LOTS AFFECTED 0 150' 300' C ., .y -r-t--r�- ' FLOODPLNN I �' -� $ r.. ;: "' St VRAW CREEK - S a In Ih :- Drawing Desolation Propel No: 80-5161-002-00 © TETRA TECH LOTS AFFECTED BY Date: 10-22-07 MITIGATION DESIGN hex Jc M M mow_* CRITERIADrawingNo. 1900 S.SUNSET OSTREET900O1 fliiPHOt.Eflms�Fp1aX oan2� WATERFRONT AT FOSTER LAKE Copyright:Tetra Tech TETRA TECH November 5,2007 Mr.Kevin Lyles Friends of St.Vrain 10671 Butte Drive Longmont,CO 80504 RE: Waterfront at Foster Lake Change of Zone Referral Comments,Weld County Project PZ^ 1126 Dear Mr.Lyles: We are in receipt of your letter to the Weld County Department of Planning Services, dated October 8, 2007 regarding the Waterfront at Foster Lake Change of Zone Application. We would like to respond to the comments in your letter. We have met with representatives from St. Vrain State Parks on several occasions and are currently working with them on several items that were mentioned in your letter. We have reviewed your comments and are addressing them as follows: • Compatibility: The project was designed with consideration to adjacent land uses. We have worked very closely with the St.Vrain School District on the design and transportation issues associated with the new High School,located adjacent to and west of the Waterfront project. North of the Waterfront property is the Kiteley Ranch at Foster Lake which is entirely residential, • Mead Crossing which is approved for commercial uses within the Town of Mead,I-25 is adjacent to the east with Ritchie Brothers Auction facility,St.Acacia Development which is commercial and residential and Bayshore(Carina)which is a mixed use development of commercial, residential and civic uses. Other properties to the west,the Fred Kelly property(formerly Adler PUD),the Newby-Adams property and the Centex development are also planned for residential uses. To the south is the St. Vrain State Park. The County has identified the MUD area for urban scale development, including commercial and residential uses. The Waterfront project is similar to other projects in the area in regard to overall design elements,although it is differentiated by a natural landscape and large amount of open space,particularly on the southern portions adjacent to the State Park. Diversity of housing was discussed with the Weld County Planning Department staff and a range of housing types has been encouraged. There are several residential opportunities offered within the Waterfront project for different types of housing to appeal to a variety of homeowners. • Setbacks from St.Wain Creek: The project has buffer area setbacks which are a minimum of 225'from the St.Vrain Creek to the back of lot lines and over 1000' in portions of the southeastern developed area of the project. It is our opinion that this is an extensive setback and is adequate to protect any view sheds,wildlife or environmental concerns. Additionally,we have added mitigation design criteria to our Change of Zone application to apply to some of the southern lots. The lots that will be impacted by the design criteria will be identified on the Change of Zone plat and are shown on the attached exhibit.The criteria that will pertain to those lots are listed below: . Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors(including the colors of basement walls on the downhill side t 1900 S.Sunset Street Suite I-F Longmont CO 80501 Tel 303.772.5282 Fax 303.772 7039 www.tetratech.com xT. a nqw Page 2 lb TETRA TECH Mr.Kevin Lyles November 5,2007 • of the structure)and roof surfacing materials; (a)repeat the colors found most commonly in the land and vegetation around the building(earth tone),and(b)have a light reflective value of no more than forty percent(40%). Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall or roof surface. Vegetation: The area around each primary structure and accessory structure shall include at least one(1)tree of a species with a mature height of at least thirty-five(35)feet for each two thousand five hundred(2,500)square feet of lot or parcel area;provided,however,that this requirement shall not require any single-family residential lot to contain more than eight(8)trees.At least fifty percent(50%)of the total number of trees required on the lot or parcel shall be located within fifty(50)feet of the primary structure on the south side of the primary structure. In addition,to the maximum degree feasible,during overlot grading,all existing mature vegetation with a height of more than three(3)feet,other than noxious plants and weeds,shall be preserved.Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirement. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade,and all outdoor light sources mounted on poles,buildings or trees or other outdoor areas shall use full cutoff light fixtures.A full cutoff light fixture is one in which no more than two and one-half percent(2.5%)of the total output is emitted at ninety degrees(90°) • from the vertical pole or building wall on which it is mounted.All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries, • Transportation and trail access: The trails,roads(some with bike lanes)and sidewalks connect to adjacent properties, including the new high school and planned developments to the north and west of the project. There is approximately 18,000 linear feet of trail designed throughout the site. The applicant does not want to incorporate a pedestrian bridge from the development into St.Wain State Park at this time. There are several concerns regarding safety for future residents of the Waterfront Development, for example State Park visitors may park within the residential neighborhoods to avoid paying park fees and additional policing of the neighborhood may be required because of the potential impacts. These impacts may include trespassing,trash problems,parking problems, use of the Waterfront restrooms and overnight camping within the Waterfront parks and open space areas. We believe these impacts will also be a detriment to wildlife,the environment and the floodplain. The Weld County Planning Department has verified that the trails shown within the Waterfront at Foster Lake development meet the requirements of the Mixed Use Development Chapter of the Weld County Code in regard to connectivity and location. • Open Space: The open space has been designed and located to be easily accessible to all the residents of the project and is usable for passive and active recreational opportunities. Careful thought was given in designing the project with approximately 36%of the development as open • space,which exceeds the amount required by Weld County by 16%. We designed the open space areas around the ditches,natural drainage ways,the edges of Foster Lake and the floodplain areas along the St.Vrain Creek with wildlife and environmental concerns in mind. These areas will have limited development with some park and trail areas and can continue to be corridors for E:11 Page 3 TETRA TECH Mr.Kevin Lyles November 5,2007 animals to move from Foster Lake to the St.Vrain Creek. We have completed environmental and wetland studies on the property and have designed around any sensitive areas. These studies were submitted to Weld County with our Change of Zone application. There is no residential development within the 100 year floodplain. The open space will be maintained by the Metropolitan District, a Homeowners Association or other jurisdiction that would be willing to maintain it. • Water Quality: A preliminary drainage report was submitted to Weld County for their review and approval. Storm water will be designed with"Best Management Practices"incorporated into the construction plans and will follow all requirements of Federal,State and local laws,as required by Weld County's development review process. The final drainage report,construction plan erosion control sheets,and the Storm Water Management Plan will provide detailed requirements to prevent sediment transportation during site construction. In addition,design features such as check dams and sedimentation basins will be used to control sediment and alleviate non-point source contaminants on a permanent basis. Because the Anderson Farm had no means of controlling their agricultural runoff with regard to volume and contamination,the quality of water reaching the St.Vrain Creek will improve. • Landscaping: The open space has been designed with native Colorado plants that utilize low water and will be irrigated with a non-potable water system. The Waterfront project has incorporated recommendations from the Anny Corps of Engineers and Division of Wildlife into our plans. Noxious weeds will be managed per the Weld County Code,on the property. • Please contact me at 303-772-5282 with any questions regarding this letter or the Waterfront at Foster Lake project. We would be happy to meet with you to discuss these matters further. Thank you for your comments for this development. Sincerely, TETRA TECH ie C zad Planning Department Mm ger Enclosure R 15I61O02_AndetsonkDocumenls15 161 002_03\Referral AgcnciezlCitizens1Kevn Lyle response I 0507 doc • LOTS AFFECTED BY • MITIGATION DESIGN CRITERIA 1 , ii t_____f - \\* , , e--/ ;</i I II I �i s • 1 . '!' g e s '4 .. 46 % /r// i41 7 I/.., / Illi i� / FL00DPLo,IN • Ill se 4P/ I - • - " • • . • • ---- 0 tl • • •• • •• •• LEGEND: ?:300' • s - -,r ✓ %//////X�///// LOTS AFFECTED 0 150 3a .: .'"� rT'T-T ' FLo00PIMI y 6 r ..? ST.VRAP4 CREEK m a ID N Drawing MM ~ Project No.: 80-6161-002-00 s El TETRA TECH LOTS AFFECTED BY Date: 10-22-07 MITIGATION DESIGN Designed By: JC CRITERIA 1 wait ech can Drawing No. - woo .a SUNSET SWEET 1 w 0t 303 772 zezo FAX. co 80501 WATERFRONT AT FOSTER LAKE Copyright Tetra Tell • LONGS PEAK WATER DISTRICT SUBDIVISION SERVICE AGREEMENT FOR WATERFRONT AT FOSTER LAKE ' 1. PARTIES,The parties to this Agreement are the LONGS PEAK WATER DISTRICT("District"),and MIDWEST HERITAGE INN OF VISALIA,INC.,a North Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD,INC.,a North Dakota corporation(collectively, "Owner").The District and the Owner are hereinafter referred to collectively as the Parties. 2. RECITALS AND PURPOSE. The Owner is the owner of certain property which it desires to develop and which is iefrxied to as Waterfront at Foster Lake ("Subdivision").The Subdivision is within the District's service area and is desaibed on attached EXHIBIT A.The District is a special district organized under Colorado law which provides domestic and irrigation water service to its customers for which monthly service charges are made.The Owner desires that the District commit to provide water service within the boundaries of the Subdivision Sr approximately 1804 residential lot equivalent taps("RLE's")in addition to domestic water service to an undefined commercial development area of approximately 100,000 square feet.The Owner shall • comply with all of the District's Bylaws,Policies and Regulations as they may now or hereafter exist.In order for the District to provide domestic and/or irrigation water service,certain improvements to the District's system(s)must be made.The Owner may install certain Off-Site potable water infrastructure to accommodate the total number of residential units in the Subdivision;will install or participate in(vierebate or reimbursement agreements described in EXHIBIT B)certain other Off-Site potable water infrastructure to accommodate the total number of RLE's in the Subdivision;install all required On-Site potable water infrastructure to support the total demands and requirements of the Subdivision;and install On-Site and Off-Site Brown Water Irrigation System infrastructure("Irrigation System")to accommodate the total number of RLE's in the Subdivision.Ownership of the On-Site and Off-Site potable water infrastructure improvements constructed on behalf of Owner will be transferred to the District upon completion,approval of and acceptance by the District.The District shall own and operate the Irrigation System,and ownership of all On-Site and Off-Site Irrigation System infrastructure constructed by the Constructing Party(as hereinafter defined)will be transferred to the District upon completion,approval of and acceptance by the District. District policies regarding ownership and operation of Irrigation Systems will be forthcoming. If the Owner complies with this Ag eament,then the District agrees to provide potable water service for all requested taps under the terms and conditions set forth in this Agreement,and in accordance with the District Bylaws,Policies and Regulations. In addition,if the Owner complies with this Agreement,then the District agrees to provide irrigation water service for all requested taps under the tams and conditions set forth in this Agreement,and in accordance with the District Bylaws, • Pagel of 11 AECEIVED OCT 1 9 2007 I EE • lir - f . • Policies and Regulations,including forthcoming policies regarding Irrigation Systems. The purpose of this Agreement is to set forth the tams and conditions concerning the District's supplying such Water Service to the Subdivision.Accordingly,the Parties agree to the following provisions in consideration of the tams,conditions, and mutual covenants set forth herein. NOW,THEREFORE,THE PARTIES AGREE: 3. CONSTRUCTION, 3.1 Subject to the terms and conditions set forth herein,the Owner,a metropolitan or similar special district formed by Owner and on behalf of Owner (the"Owner's District")or a third party who hereinafter acquires any portion of the Property(any of the foregoing are referred to as the"Constructing Party") shall install the On-Site and Off Site infrastructure improvements for both the potable water system and for the Irrigation System ("Installations")pursuant to the plans and specifications approved by the District as stated in Paragraph 32 of this Agreement.The obligations and benefits to this Agreement shall run with the land described in EXHIBIT A. 3.2. The Constructing Party shall submit plans and specifications for the Installations to the District for approval,which approval shall not be unreasonably withheld,conditioned or delayed Upon receipt of the plans and specifications for the Installations,the District shall have a reasonable time (approximately 30 days)to review the plans and specifications for approval or rejection. If written notice of approval is not given to the Constructing Party within such time period,the plans and specifications shall be cleaned rejected; provided,however,if the District rejects such plans and specifications,the District agrees to provide to the Constructing Party the reasons for such rejection. The Constructing Party shall have the right to resubmit amended plans to the District for review.The District may impose reasonable standards for the protection of the District. This review process shall continue until the plans and specifications are approved by the District(collectively,the"Approved Plans")or until terminated by the Owner.Upon this approval,and subject to the conditions set forth in Paragraah 8 below,the Owner and District shall mane a Line Extension,Participation and Rebate Agreement,a Tap Purchase Agreement,and other such agreements(all of the above,reasonably acceptable to Owner and the District)so as to accommodate water service to the Subdivision.The Constructing Party shall make no modifications to the Approved Plans without the prior written approval of the District,which approval shall not be unreasonably withheld, conditioned or delayed. 3.3 The Constructing Party shall notify the District at least three(3)business days preceding the date of commencing work involved on the Installations,or • Page 2 of 11 • replacement of the Installations,permitted bander. The District may inspect the Installations or replacements during the construction thereof,as it deems necessary to protect its intern. The right of the District to inspect the butallations or replacements shall be solely for the benefit of the District and shall not be deemed to be a waiver by the District to enforce the obligation of the Constructing Party to construct the Installations in accordance with the plans and shall not be deemed to estop the District for the Constructing Party's failure to install or properly design its Installations. 3.4 The Constructing Party agrees that the construction permitted hereunder shall proceed with reasonable diligence from the initiation of such construction to its completion.The construction by the Constructing Party may be completed in two or more phases or filings u elected by the Owner and as may be approved by the District,which approval shall not be unreasonably withheld. The Installations shall be constructed in such a manner so as not to interfere with the operations of existing facilities owned by the District without the prior permission of, notification to and coordination with the District 3.5 Upon completion of the Installations,the Constructing Party shall notify the District The District shall accept or reject Installations except that the District shall not be required to accept or reject until and unless all fees billed have been paid pursuant to Paragraph 6 below,and until all required easements for such • Installations have been dedicated.The District shall not unreasonably withhold acceptance.The District shall be entitled to test the Installations in accordance with District standards,specifications and directives.Acceptance or rejection shall be in writing. If the Installations are rejected,the District shall specify the reasons for rejection,and the Constructing Party shall correct same,and the above process shall be repeated.Any and all fencing and other facilities appurtenant to the District's existing facilities shall be replaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction. 3.6 The District's review and approval of the plans and specifications for the Installations is solely for its benefit and creates no benefit or right in any other party. The District's review and approval of the plans and specifications shall not relieve the Constructing Party or its agents or employees from its duty to properly design and construct the hutallations. 3.7 The Constructing Party shall install permanent markers a indicators showing the location of the Installations for the purpose of locating the Installations as required by the Utility Notifications Center of Colorado ("UNCC").These markers shall be installed in accordance with the standards, specifications and directives of the District Additionally,a trace wire shall be installed along the entire length of the Installations,and shall be installed in accordance with the District's standards and specifications. • Page 3 of 11 • 3.8 The Constructing Party shall be responsible,at its own expense,for obtaining any local,state or federal permits or approvals necessary for constructing the Installations. It is the Constructing Party's obligation to investigate and determine the need for any such permits or approvals.The Constructing Party is responsible,at its own expense,for obtaining all local,state and federal permits or approvals and for compliance with all local,state and federal laws and regulations applicable to the construction of the Installations, including but not limited to land use and environmental laws and regulations, and specifically including the Endangered Species Act,prior to beginning construction.The Constructing Party shall indemnify the District for any and all costs,damages,fines and fees,including reasonable attorneys' fees incurred by the District as a result of the Constructing Party's failure to obtain such required permits or approvals or failure to comply with all applicable laws and regulations. 4. INSPECTION. 4.1 The District is permitted to inspect the Installations,or replacement and repairs of the Installations during construction.Upon completion of the construction,the District may inspect the Installations. 4.2 The District's right to inspect the Installation or replacement of the • Installations in no way relieves the Constructing Party of its liability for improper design,construction or maintenance.The District's inspection is solely for the benefit of the District and creates no obligation to the District Upon completion of the construction of the Installation in any phase or filing,the Constructing Party shall provide the District with a complete set of"As Built"plans,and a set of reproducible mylar"As Built"plans,together with a certification from the District certifying that such Installations were constructed in accordance with the Approved Plans.In addition,the Constructing Party shall furnish the District with a set of"As Built"drawings on CD in an AutoCAD format consistent with the version currently being used by the District. 5. OWNERSHIP AND GUARANTEE. 5.1 The Constructing Party(if other than the Owner's District)shall convey the Installations in any phase or filing to the Owner's District who shall then convey such Installations to the District by means of a"BM of Sale Agreement" at such time as construction is complete and deemed acceptable by the District If the Constructing Party is the Owner's District,it shall convey the Installations to the District by means of a"Bill of Sale Agreement"at such time as construction is complete and deemed acceptable by the District.This submittal of conveyance documents by the Owners'District shall take place prior to the formal acceptance by the District. Page 4 of 11 5.2 The Constructing Party,its successors or assigns,shall be responsible for the repair of,or any replacement of;the Installations until such time as the Installations are conveyed to the District.Until the hutallatlons are conveyed to the District,the Constructing Party shall provide the District with three(3)days advance notice of its intent to replace any portion of the Installations.The District shall be entitled to inspect and approve such replacement(s). 5.3 After the Installations are conveyed to the District,the District shall be responsible for the maintenance,repair and replacement of the Installations.The Constructing Party shall guarantee the Installations as installed against faulty workmanship and materials to the District for a period of one year after formal acceptance by the District(the"Guarantee Period")and shall,during the Guarantee Period,pay all costs and expense of repair or replacement of the Installations.At the District's request,the Constructing Party shall furnish the District with a bond guaranteeing said repair or replacement 6. REIMBURSEMENT OF EXPENSES, 6.1 The Constructing Party agrees to reimburse the District for all reasonable inspection,engineering,legal costs,and administrative fees incurred by the District in preparing,approving and enforcing all aspects of this Agreement,the costs associated with billing and collecting these amounts for the District and the costs of inspection as described in Parananh 4. 6.2 Statements for costs chargeable to the Constructing Party hetemder will be forwarded to the Owner and the same shall be paid to the District within 30 days after the billing date.If payment has not been received by the District within 30 days,Owns shall have breached this Agreement and District may institute legal proceedings to collect the amount due and owing.In such proceeding,the District shall be entitled to its costs and reasonable attorney's fees from the Owner. 7. EASEMENTS. 7.1 The Owner is responsible for obtaining and ensuring dedication to the District all required easements to support the butallations in accordance with the standards,specifications and reasonable directives of the District.Any use of such easements by any third party for waterlines and/or appurtenances prier to the Constructing Party's completion of the Installations will require that such third party pay reimbursement fees to the District,which will be paid to the Owner pursuant to the tams of a mutually acceptable Line Extension,Participation and Reimbursement Agreement to be entered into between the District and the Owns. The Owner shall submit easement locations to the District for its approval,which • Page 5 of I 1 approval shall not be unreasonably withheld,conditioned or delayed.Upon receipt of the easement locations,the District shall have reasonable time (approximately 30 days)to review the easement locations for approval or rejection.If written notice of approval is not given to the Owner within such time period,the easement locations shall be deemed to be rejected;provided,however, if the District rejects such easement locations,the District agrees to provide to the Owner the reasons for such rejection.The Owner shall have the right to resubmit amended easement locations for review.The District may impose reasonable standards for protection of the District.This review process shall continue until the easement locations are approved by the District or until tmminated by the Owner.Upon approval,the District and each property owner granting an easement("Grantor") shall execute a separate agreement;the casement locations shall be attached and incorporated into said agreement as a graphic exhibit and a legal description. Owner shall make no modifications to the approved easement locations without the prior written approval of the District,which approval shall not be unreasonably withheld,conditioned or delayed. 8. CONDITIONS, 8.1 The Owner understands and acknowledges that the District obtains its treated water through a master meta agreement with the Little Thompson Water District("Little Thompson").Therefore,the District's ability to perform the terms • of this Agreement is conditioned on the District being able to obtain sufficient treated water capacity from Little Thompson to support the number of RLE's contemplated by this Agreement.The Owner also understands and acknowledges that capacity for both treatment and delivery must be purchased by the Owner and the charges/fees for those items are,in part,determined by Little Thompson. Any charges/fees imposed on the District by Little Thompson will be passed through to the Owner.The Owner agrees that it will pay all such additional charges/fees. 8.2 Notwithstanding anything to the contrary contained herein,the Owna's obligations under this Agreement are expressly conditioned upon the Owner's obtaining the necessary entitlements for the property(including,without limitation,one(1)or more final plats for the Subdivision(each,a"Final Plat'), satisfactory to the Owner in its sole discretion to allow for the Owner's planned residential development of the property.In the event the condition precedent above is not timely satisfied,then this Agreement shall be deemed void ab tnttio and the parties shall have no further obligations hereunder. 8.3 Notwithstanding any provision herein to the contrary,the District's obligation to provide potable water for the number of RLE's stated in paragraph 2,above,is expressly contingent upon each of the following events: 8.3.1 The construction of the Liberty Gulch Line from the Little • Page 6 of 11 • Thompson Water District's existing 24"transmission line in Sec. 6, Township 3N,Range 68W to the proposed development located south of Colorado Hwy 66 lying in Sec.27&34,Township 3N,Range 68W.The parties mutually acimowledge and agree that at the time of execution of this Agreement,it is anticipated that the Liberty Gulch Line will be constructed and installed by a third party pursuant to a line reimbursement agreement and other agreements with the District and Centex Homes ("Centex")dated June 12,2006(the"LW"). However,the District makes no warranties or guaranty as to the construction of such line,or the timeliness of such construction. 8.3.2 The construction by the Constructing Party,and approval and acceptance by the District,of an Irrigation System to provide landscape irrigation within the Subdivision utilizing pressurized non-treated brown water utilizing the water transferred to the District pursuant to paragraph 8.4,below. The parties expressly acknowledge and agree that the number of RLE's stated in paragraph 2,above,is dependent upon the construction, implementation,and utilization of such a brown water irrigation system to reduce the amount of potable water required for the subdivision. 8.3.3 If either of the conditions stated in this paragraph 83 are not • fulfilled on or before the date that Liberty Gulch Line is needed by the Owner,and if such non-fulfillment is due to the failure to complete or abandonment ot;or withdrawal from,the Liberty Gulch Construction Line by. Centex(or its successors or assigns),or if such line construction has not been commenced for any reason, the Parties agree that the Owner shall have the right,at its sole election,to either(a)assume the obligations of Centex under the LERP and,with prior notice and consent of the District, complete the Liberty Gulch Line or(b)pay to the District,funds sufficient to complete the liberty Gulch Line pursuant to the tams of the LERP;or(c)terminate this Agreement without penalty to either party, and,in such event,each party waives any claim or demand for any and all damages that either may sustain arising from the failure of such contingencies. 8.4 The Owner agrees to transfer a sufficient number of units of Colorado-Big Thompson Project Water to the District to meet the District's requirements for the potable water system in accordance with the terms of the agreeanmts set forth on Exhibit B.In addition,the Owner agrees to transfer sufficient water rights to the District to meet the District's requirements for the Irrigation System in accordance with the terms of the agreements set forth on Exhibit B. 9. TEM This Agreement shall be perpetual unless modified by mutual written consent of the parties. • Page7of 11 10. LIABILTTIES AND INDEMNIFICATION, 10.1 The Constructing Party agrees to indemnify and hold the District harmless from all claims and liability for damage or injury to property or persons arising from or caused directly or indirectly by the Constructing Partys construction of the Installations. 10.2 The Constructing Party shall be responsible for calling UNCC for locates before construction and repair work is done and shall hold the District harmless for any damages and/or penalties for failing to do so. 10.3 The Constructing Party warrants it will do nothing to adversely affect the existing facilities owned by the District.In the event the Constructing Party breaches this warranty,the Owner shall take all actions necessary to repair the existing facilities to their existing or better condition,as determined by the District.The Constructing Party shall indemnify and hold the District harmless for all costs,damages,fines and fees,including reasonable attorneys fees,which are incurred by the District as a result of any adverse changes to existing facilities owned by the District which result in the water failing to meet water quality laws or regulations. • 11. RECORDATION, Upon recordation of a Final Plat for the first(1st)phase or filing in the Subdivision,this Agreement shall be recorded at the cost of the Owner and shall be binding on any successors of the Parties.The obligations and benefits of this Agreement shall specifically run with the land desedbed in EXHIBIT A.The plans and specifications for the Installations may not be recorded because of their size. 12. NOTICES, Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is intended to be given at the address set forth below,or at such other address as has been previously furnished in writing to the other Party. Such notice shall be deemed to have beat given when deposited in the U.S.Mail. DISTRICT: COPY TO: Longs Peak Water District Bernard,Lyons,Gaddis&Kahn,P.C. 9875 Vermillion Road Box 978 Longmont,CO 80504 P.O. Longmont,CO 80502-0978 Attn:May Dykes,General Manager Attn:Richard Lyons Telephone:(303)776-3847 Telephone: (303)776-9900 Facsimile: (303)776-0198 Facsimile: (303)413-1003 OWNER: COPY TO: Page 8 of 11 Midwest Heritage Inn of Visalia,Inc. Faegre and Benson LLP Midwest Heritage Inn of Deptford,Inc. 1900 Fifteenth Street c/o HF Holdings,LW Boulder,CO 80302 4 Inverness Court East#300 Attn:David L Kuosman Englewood,CO 80112 Telephone:(303)447-7700 Attention:Darwin Horan Facsimile: (303)447-7800 Telephone:(303)346-7006 Facsimile: (303)865-7006 13. WAIVER OF BREACH The waiver by any Party to this Agreement or a breach of any tam or provision of this Agreement shall not be construed as a waiver of any subsequent breach by any Party. 14. EXHIBITS. All exhibits ►efaied to in this Agreement are, by reference incorporated into this Agreement for all purposes. 15. ATTORNEYS' FEES, If either Party breaches this Agreement, the non- prevailing Party shall pay all of the prevailing Party's reasonable attorneys'fees and costs in enforcing this Agreement through litigation,arbitration or mediation. 16. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim • arising under or related to this Agreement,the Parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one Party notifies the other Party in writing of its desire to attempt to resolve such dispute or claim through negotiations,then the Parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence or if the Parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either Party's written request therefor. If such dispute or claim is not settled through mediation, then either Party may initiate a civil action in the District Court for Weld County. 17. BINDING EFFECT, This Agreement shall inure to the benefit o and be binding upon,the Parties,and their respective legal representatives,successors and assigns. 18. ASSIGNMENT. This Agreement is assignable in whole or in part, provided written notice is given to the other Party of the assignment The District must approve any assignments from Owner to a third party that does not have an ownership interest in the property deem-bed in EXHIBIT A. • Page9of 11 Dated this D day of (3 ,2007. LONG PEAK WATER DISTRICT MID T AGE INN OF a North Dakota torpors By. _ By. Pdmt H of HF HOLDINGS,LLC,a Colorado limited liability company, Attomey-in-Fad for Gary Tharaldson,President of Midwest Heritage Inn of Visalia, Inc.,a North Dakota corporation ATTEST: MID ' C 'i AGE INN OF DDEPTIO � � ,a North — By. ��'►r • Secretary onager ofHF �� ,_� GS,LLC,a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson,President of Midwest Heritage Inn of Deptford,Inc.,a North Dakota corporation • Page 10 of 11 • STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this /a' day of cad hie ,2007 by Phrlip -Du vins as President andby 84721 raike 5 ,as Secretary,of Longs Peak Water District. My commission expires: 7l/4/20/0 Witness my hand and official seal. dtet-N Public STATE OF COLORADO ) ss. • COUNTY OF The foregoing instrument was acknowledged before me by Darwin Horan, Manager of HF HOLDINGS, LLC, a Colorado limited liability company, Attorney-in- Fact for Gary Tharaldson, President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and est Heritage Inn of Deptford, Inc., a North Dakota corporation,this s_ daigff ,2007. ta Commission Expires My commission expires: November 30. 2009 Witness my hand and official seal. 4/Addeat �...�4, Notary Public Non ewe oastcnettttt>i Male of Cecil Seale et GM Couodo • Page 11 of 11 • EXHIBIT A Legal Description A TRACT OP LAND LOCATED IN SOUTH HALF OP SECTION 27 AND THE NORTH HALF OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 BEARS NORTH 89.07'33" EAST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION, THENCE NORTH 89.35'53•" EAST, k DISTANCE OP 30.00 FEST TO A POINT OW THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LIME NORTH 00°22'25" WEST, A DISTANCE OF 2654.13 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89.04'53• EAST, A DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 163 AT PAGE 485 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID WESTERLY LIME THE FOLLOWING EIGHT COURSES: 1) THENCE SOUTH 06°51'09" WEST, A DISTANCE OF 266.98 FEET; 2) THENCE SOUTH 30.38'53" EAST, A DISTANCE OF 445.00 FEET; 3) THENCE SOUTH • 42.21'07" WEST, A DISTANCE OF 219.00 FRET; 4) THENCE SOUTH 23.06'07" WEST, A DISTANCE OF 660.00 FEET; 5) THENCE SOUTH 24°53'53" EAST, A DISTANCE OF 700.00 FEET; 6) THENCE NORTH 88°51'07" EAST, A DISTANCE OF 454.00 FEET; 7) THENCE SOUTH 60°53'53• EAST, A DISTANCE OF 385.00 FEET; 8) THENCE NORTH 86°21'07" EAST, A DISTANCE OF 178.52 FEET TO TEE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 75°00'00" EAST, A DISTANCE OF 155.32 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE SOUTH 00°24'02" WEST, A DISTANCE OF 89.26 FEET TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2009954 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 11 COURSES: 1) THENCE SOUTH 85.38'17" EAST, A DISTANCE OF 582.71 FEET; 2) THENCE NORTH 65.31'22" EAST, A DISTANCE OF 315.60 FEET; 3) THENCE NORTH 52.04'24• EAST, A DISTANCE OF 339.15 PERT; 4) THENCE NORTH 50.39'42" EAST, A DISTANCE OF 213.85 FEET; 5) THENCE NORTH 21°19'16" EAST, A DISTANCE OF 257.83 FEET; 6) THENCE NORTH 00.31'12" WEST, A DISTANCE OP 298.26 FEET; 7) THENCE NORTH 14.21'24" WEST, A DISTANCE OF 244.37 FEET; 8) THENCE NORTH 12.34'51• T, A DISTANCE OF 588.61 FEET; 9) MINCE NORTH 43.15'27• EAST, CE OF 134.45 FEET; 10) THENCE NORTH 51.34'02" EAST, A DISTANCE 332.64 PEET; 11) THENCE NORTH 41•e�.9'02" EAST, A DISTANCE OF 419.65 TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID ON 27; THENCE ALONG SAID NORTH LINE NORTH 89.04'53" EAST, A DI OF 472.67 FEET TO THE NORTHWEST CORNER OFI' AYT PARCEL OP LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 605, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS:. THENCE .ALONG THE WEST LINE OF SAID PARCEL SOUTH 00.06'27• WEST, A DISTANCE OF 2577.68 FEET TO THE NORTHEAST CORNER OF TEAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 605A, AUGUST 8, 2006 ACCORDING TO THE • • WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 85°59'05" WEST, A DISTANCE or 456.95 FEET; 2) THENCE SOUTH 89°07'10• NEST, A DISTANCE OF 214.69 FEET; 3) THENCE SOUTH 00°52'50" BAST, A DISTANCE OP 30.00 FEET TO A POINT ON THE NORTH RIGHT-OP-NAY LINE OF WELD COUNTY ROAD NO. 28; THENCE ALONG SAID NORTH RIGHT-OP-WAY LINE NORTH 89.07'10" EAST, A DISTANCE OF 670.00 FEET; THENCE SOUTH 00°06'27• WEST, A DISTANCE OP 22.20 FRET; THENCE SOUTH 00°57'01" EAST, A DISTANCE OF 27.81 FEET TO A POINT ON THE SOUTH RIGHT-OP-WAY LINE OF WELD COUNTY ROAD NO. 28; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°07'10" WEST, A DISTANCE OF 455.00 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603A, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINE SOUTH 00.56'56" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 85°51'25• EAST, A DISTANCE OF 456.80 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES: 1) THENCE SOUTH 00°57'01" EAST, A DISTANCE OF 2590.28 FEET; 2) THENCE SOUTH 00.56'51" EAST, A DISTANCE OP 267.75 FEET; 3) THENCE SOUTH 13°55'35" EAST, A DISTANCE OF 289.41 FEET; 4) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 1025.00 FEET; 5) THENCE SOUTH 07°07'44" EAST, A DISTANCE OF 325.05 FEET TO A POINT ON A LINE 250.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OP SAID SECTION 34; THENCE ALONG SAID LINE SOUTH 00°56'51° EAST, A DISTANCE OF 494.18 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2696322 OF THE WELD COUNTY RECORDS; THENCE ALONG THE NORTH AND WEST LINE OF SAID TRACT THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 89.03'18" WEST, A DISTANCE OF . 66.01 FEET; 2) THENCE NORTH 65.01'41" WEST, A DISTANCE OF 69.29 FEET; 3) THENCE SOUTH 00.04'10" WEST, A DISTANCE OF 339.78 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 2265474 OP THE WELD COUNTY RECORDS; THENCE ALONG SAID LINE THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°47'50" WEST, A DISTANCE OF 567.78 FEET; 2) TILE SOUTH 50.06'50" WEST, A DISTANCE OF 440.00 FEET; 3) THENCE SOUTH 73°04'17" WEST, A DISTANCE OF 1383.42 FEET TO THE NORTHERLY LINE OF TEAT TRACT OF LAND DESCRIBED IN BOOS 1499 AT PAGE 596 OP THE WELD COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 23°14'50" WEST, A DISTANCE OP 55.32 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE NORTH 00°35'48" EAST, A DISTANCE OF 730.38 FEET TO THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF TEE SOUTHWEST QUARTER OF SAID SECTION 34 NORTH 89°54'46" WEST, A DISTANCE OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922 OF THE WELD COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID TRACT THE FOLLOWING TWO COURSES: 1) THENCE NORTH 28.18'59" WEST, A DISTANCE OF 737.00 PEET; 2) THENCE NORTH 01°04'15° WEST, A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OP SAID SECTION 34; THENCE ALONG SAID BOOTH LINN NORTH 89°07'20" EAST, A DISTANCE OF 817.26 FEET TO THE CIS►rHE ONE-QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE EAST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 34 NORTE 00°34'36" WEST, A DISTANCE OF 1333.53 FEET TO THE NORTHEAST CORING! OF SAID SOUTH HALF; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER SOUTH 89.26'07° WEST, A DISTANCE OF 2540.06 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST • RI0HT-OP-WAY LINE NORTH 00.24'50" WEST, A DISTANCE OF 1311.48 FEET TO "' , • THE TRUE POINT OP BEGINNING. EXCEPTING THERE FROM THE FOLLOWING DESCRIBED PARCEL OP LAND. COMMENCING AT THE NORTH ONE-QUARTER CORNER OP SAID SECTION 34, WHENCE THE NORTHWEST CORNER OF SAID SECTION 34 HEARS SOUTH 89.07'33" WEST, A DISTANCE OP 2566.17 FEET, SAID LINE FORMING THE BASIS OP BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, SOUTH 00.35'07" EAST, A DISTANCE OP 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH 89.07'33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE 30.00 SOUTH OP AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER O1 SAID SECTION 34 NORTH 89.07'10" EAST, A DISTANCE OF 765.29 FEET; THENCE SOUTH 02.06'45" WEST, A DISTANCE OF 310.68 FEET; THENCE NORTH 87.52'58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID WEST LINE NORTH 00.35'07• WEST, A DISTANCE OP 270.95 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 587.004 ACRES. • • • EXHIBIT B TO SUBDIVISION SERVICE AGREEMENT FOR WATERFRONT AT FOSTER LAKE 1. Line Extension,Reimbursement and Participation Agreement-Centex Homes 2. Main Line Extension Agreement-Centex Homes • • • Ear-Mersa Ord Ga oad•neLP A Subsidiary of Anadarktie Petroleum corporation October 26,2007 Mr.Kim Ogle Planning Manager Weld County Department of Planning Services 918 Tenth Street Greeley,CO 80631 RE: Waterfront at Foster Lake • Township 3 North,Range 68 West of the 6th PM,Sections 27 and 34 Weld County,Colorado Dear Mr.Ogle: This letter will confirm and set forth the terms of agreement that Anadarko Petroleum Corporation and the Waterfront at Foster Lake Development have reached concerning the proposed oil and gas related operations of Anadarko Petroleum Corporation on the property known as Waterfront at Foster Lake. We have agreed to these items to allow • both Anadarko and the property owner to proceed with their respective planning efforts for the property while the more detailed Surface Use Agreement and Pipeline Relocation Agreement are being completed. Accordingly,we have agreed as follows: • We have jointly worked to ensure that the existing and future oil and gas facilities are well planned to minimize the impact to the development while allowing for the extraction of the oil and gas resources. We believe that both the drilling and operation plan and the Change of Zone plan implements that work. • Waterfront at Foster Lake shall have setbacks of one hundred and fifty feet (150') from any oil and gas production facility for any dwelling structure within a residential zone district. There shall be a setback of three hundred and fifty feet(350')from any oil and gas production facilities for any occupied structure within a commercial area or from any structure classified as assemblage occupancies. • Attached is a copy of the recorded Memorandum of Surface Agreement (Reception #3494222 of the Weld County records). This Memorandum sets forth the location of the drilling locations on the property. As this Memorandum has been recorded, Anadarko will not require nor request that the "use by right" surface drilling envelopes (pursuant to state statute) be placed upon either the Change of Zone or Final Plat. • EXHIBIT FF - 1 • • We have discussed fencing around the oil and gas facilities to avoid tampering and vandalism. We jointly agree that this fencing shall be installed by Anadarko Petroleum Corporation and will consist of chain link fence wound the wellheads and the appurtenances. • If requested,Anadarko Petroleum Corporation will provide to Weld County a status report on the Surface Use Agreement and the Pipeline Relocation Agreement. • The owners of the Waterfront at Foster Lake will filly support Anadarko Petroleum Corporation in its permitting efforts for drilling of the wells as detailed in the attached Memorandum of Surface Agreement. Anadarko Petroleum Corporation and the owners of the Waterfront at Foster Lake are proceeding diligently to finallae a written Surface Use Agreement and a Pipeline Relocation Agreement incorporating the terms set forth above, together with other. matters which the parties believe will enhance each patty's planned use of the property. The Pipeline Relocation Agreement will be for the relocation of various KMG Gathering Pipelines which Waterfront is requesting be relocated and will define any payments due. An acknowledgement of the terms of this letter by the Waterfront at Foster Lake owners is set forth below. If you have any further questions concerning this matter,please do not hesitate to contact us. • Sincerely, t Terry Erni S. .b4 can Corporation A by Holdings,Inc. Fact for Gary Tharaldson,President of Heritage Inn of Visalia,Inc. Attorney-in-Fact for(nary Tharaldson,President of Midwest Heritage Inn of Deptford,Inc. • • :' (flit ISt);Irt! +1I ( t)tlnt% l i)1Ttlllls'it)tlet's ')! ` I...n.r1 ''lift'; •i) I 1 !l,+♦ •••z1 It:•:I:t +'t) Soo.: ' k1 : \\:uteri-rout at Faster Lakes ('hanue iii /.Ilse. I'r'rljeel Pi-I I Z( • c.lr{ +t ulu�tiit+!tern: stn.: t\r'itlro this letter to document our\:oo)taarlt:'1'!1 Us lt+ address Stifle I':.lrks )l1i:Ilh •I'.tt)iiated Nlth this rt:utlest for a Chat1,L'e I>i /(thilt:'. }rt'iil .\('rietlltiire Ii I)I 1) +-t•t' :tr'c' aorlti•.1.! t' r;.t;rt)t t I.11l` the tl III)\\ t)Iltt +lll..1, lr'.ni easement th,l1 \.Olin! .IIhi it Ct)I111eCtlt)11 front tit. \ lain Sial1 Park to the •r tat.' !file k!Latt:it It) the \\Csl I)1 the .\1)J)lle;lilt S Prone't‘ i Ir.)!IihiIlt t+ttrr.d ht 'I..• kacots. I:Itiltt% I. aeo.ardshii)easement that (hill!d protect the tlt)I!tl 01.111'• ;INN, ()1 St. \ 1':!11=. !111!1.11 tl'F Ion!! teen tuI4llltelliillCe and \\\.'it: t:;I41il"t)I. .411(1 1`.!111 tht: (nth: ,+1 c:I)rl.lr'il.:['t)tl 1\n».ided ')'. Nt.li:' \ lard trade that ' 14llci .them the cell-de sae located in ilk• .t' thwr.i CI)rnel or • 1'' \I){)Ilia!!! I'1'Ut)erl\ tat ht: liltltt:tl 01111) land ;llt'1't''IIEi\ return tall' hate \%oukI Lain control °r 111e )1't) ) r e. u t:' - )+ l• I (i,r[ \\t ti ' \ .II.Ili 1, 11.1 .;+1.Ith of the Si. \ rain Ili\t•r. ,: ?air tl:i !;: •.I+tlirl)r ' •"t)tltl :.tllit 11l'1:1)llilthllh t\itll 111(' hope !hat a I'I)hlii\t: Itlltit)nle all c'e t.. •C11)..•,I .+:1 Ir1C..e :Iltltter:, hl:lt)re the final plat t)rOCL'5 I.:t)irrl)leted. :!rt:Il t l•)\itltal (tell! .1 c't)1)\ or a lctte. 111)111 the .\11I1Iican1 to State Parks Ye::ar•tliil,' other •:U1T.1t er:Iii ,fl•i :rlilt ;lCtlt)It:i that .Icltlri•;ti the concerns. l ( t)I))I'.ido \t:lll_ rt:+.I it It• Ct)til;ill the Applicant or State l'ar'ks stall 0 \I:ll Ilia►t•tJllt SIlt111`• .•,7!1t•t••''r111••• Illy.ellt•I•t. I hank \t)U For \III)I)l)rtint' these t)neo nr: i''rt)II•- •:71�C'i't:i\ ''. ,cs.e42 63. la\]tl l rt •t 1 C !i(til 1'1(111), Ile(.'tt)il:tl \tai u.! r ( I)Iarallo State Parks `he!fttan St Rill rI 1 i);•11(11. ( I • EXHIBIT o?Gb'7-3:216 i_:111+i: !It Iai: ��. ` I):tt._ 1I. ; J.(! I NidIIL' . In,. hataltIt II. Mt!'t`�It�talt ! It \• I I.'fltai!t' Inn of 1 ti.?ilk'\ :11•' .tit 1.51. f lai•`. I ii:ti aIJ+iti . H \[! j'...'ii I icrwity Inn to i h•hllt rd. Itet' • • • _ MEMORANDUM V Igip C TO: Board of County Commissioners DATE: November 14, 2007 COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Waterfront at Foster Lake PUD Case No. PZ-1126 Conditions of Approval and Conditions Met Under the Heading of"Prior to recording the Change of Zone plat", staff is requesting the following changes to the Resolution: Condition 1.C, Colorado State Parks per letter dated November 13, 2007, Condition Met, strike and reletter. Condition 1.D, Weld County Sheriff's Office, Condition Met, strike and reletter Condition 1.F, Longmont Soil Conservation District, Condition Met, strike and reletter • Condition 1.G, Colorado Division of Wildlife, Condition Met, strike and reletter Condition 1.H Mountain View Fire Protection District, Condition Met, strike and reletter Condition 1.1 Highland Ditch Company and the Highland No. 3 Reservoir(a/k/a Foster Lake, the No. 3 Outlet Ditch Company and the Sanborn Reservoir Ditch Company), Condition Met, [reference numerous citations in Condition 5., At the Time of Final Plan submission] strike and reletter Condition 1.J Sign Plan, move Condition to 5.CF, strike and reletter Condition 1.K City of Longmont, Condition 1.L Colorado Department of Transportation, Condition Met, strike and reletter Condition 1.M Colorado Department of Transportation, Condition Met, strike and reletter Condition 1.N Environmental Health, addressed through Recorded Exemption RE-4683, an Administrative Approval, Condition Met, strike and reletter Condition 1.O Department of Public Works, move Condition to 5.CG, strike and reletter Condition 1.P Inclusion in Law Enforcement Authority, move Condition to 6.K, Prior to Recording the Final Plat Amendments to Planning Commission Resolution • Conditions Met,Amended or Deleted Page 1 EX rt gll fl—Inge • Condition 1.Q Submit application to Amend the 1-25 Structural Land Use Map dated January 2007, strike and reletter Under the heading of the"Plat shall be amended to include the following:" Condition 1.R.6 Staff in receipt of a letter dated October 26, 2007 from Kerr-McGee Oil &Gas Onshore LP, a subsidiary of Anadarko stipulating setbacks per agreement and outlined in Memorandum of Surface Agreement, reception number 3494222, Condition Met, strike and reletter Condition 1.R.9 Colorado Department of Transportation, Condition Met, strike and reletter Add Condition 1.R.10 Delineate the residential parcels adhering to the Mitigation Design Criteria as stipulated on Sheet 7 of the Change of Zone Plat Under the heading of Notes to be placed on the Plat prior to recording: Condition 1.S.1 Addition of text: "The site specific development plan is for a Change of Zone from (A)Agriculture to PUD (Planned Unit Development)with R-1 (Low-density Residential), R-2 (Duplex Residential), R-3(Medium-density Residential), R-4 (High-density Residential), C-1 (Neighborhood Commercial), C-2 (General Commercial)215 acres of Open Space and continuing Oil and Gas Production uses in the Mixed Use Development Overlay District. [1804 units/ 10 acres Commercial]. (Waterfront at Foster Lake PUD)except as indicated herein. The PUD will be subject to and governed by the Conditions of Approval stated herein and aA applicable Weld County Regulations and as specifically defined on the • Change of Zone Plat, Sheet 7 PUD Requirements and the Waterfront at Foster Lake Development Guide." Condition 1.S.12 Amend text to read: A Metropolitan District has been established. The District is responsible for liability insurance,taxes and maintenance of open space, streets,private utilities and other facilities. Open space restrictions are permanent street improvements,including but not limited to streets, curbs, gutters, bridges, embankments, divider islands and medians,cross-walks,cross-pans and traffic signals and signage. (Department of Planning Services) Condition 1.S.13 Amend text to read: The Southwestern Weld County Law Enforcement District shall be established prior to the sale of any lot, or may be provided by another approved agency or municipality. (Department of Planning Services) Condition 1.S.19 Amend text to read: Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Building Code;2006 International Residential Code;2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code, and to the Waterfront at Foster Lake PUD Development Guide and Change of Zone,Sheet 7 PUD requirements. (Department of Building Inspection) Amendments to Planning Commission Resolution • Conditions Met,Amended or Deleted Page 2 • Condition 1.S.21 Amend text to read: Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and typos-of-construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code.-Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Off set and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) Building heights are measured as described on the Change of Zone plat, sheet 7. Building height is measured from grade to average height of the highest gable of a pitched or hipped roof in all zone districts. Condition 1.S.22 Amend text to read: Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall-be -determined by Chapter-23—of the Weld County Code. (Department of Building Inspection) All setbacks are measured from the outside of the foundation wall. Architectural elements may encroach 2.5 feet into the side setbacks, and also into the front and rear setbacks as defined on the Change of Zone Plat,Sheet 7 PUD. In no event will there be an encroachment into the Utility or Drainage Easement as stipulated in Chapter 27,Section 27-9- 40 and Chapter 24, Section 24-7-60 Easement Standards. Condition 1.S.26 Move to strike as addressed in Note 1.S.22 Condition 1.S.27 Move to strike as addressed in Note 1.S.22 • Condition 1.S.28 Amend Sheet 7 of the Change of Zone Plat to reflect the following Mitigation Design criteria to be met for all parcels adjacent to the St. Vrain River Corridor: Condition 1.S.29 Amend Sheet 7 of the Change of Zone Plat to reflect the following Mitigation Design criteria to be met for all parcels adjacent to the St. Vrain River Corridor: In lieu of height restrictions, as stipulated in Conditions 1.S.28 and 1.S.29; Add language for Mitigation Design Criteria: Colors: All occupied structures and accessory structures shall be constructed and maintained so that predominant exterior wall colors (including the colors of basement walls on the downhill side of the structure)and roof surfacing materials; (a) repeat the colors found most commonly in the land and vegetation around the building (earth tone), and (b) have a light reflective value of no more than forty percent(40%). Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominant colors on any wall or roof surface. Vegetation: The area around each primary structure and accessory structure shall include at least one(1)tree of a species with a mature height of at least thirty-five(35)feet for each two thousand five hundred (2,500) Amendments to Planning Commission Resolution • Conditions Met,Amended or Deleted Page 3 square feet of lot or parcel area; provided, however,that this requirement • shall not require any single-family residential lot to contain more than eight (8)trees. At least fifty percent(50%)of the total number of trees required on the lot or parcel shall be located within fifty(50)feet of the primary structure on the side of the primary structure facing the nearest viewing platform. In addition,to the maximum degree feasible, during overlot grading, all existing mature vegetation with a height of more than three(3)feet, other than noxious plants and weeds, shall be preserved. Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirement. Floodlighting: Floodlights shall not be used to light all or any portion of any primary or accessory structure facade, and all outdoor light sources mounted on poles, buildings or trees or other outdoor areas shall use full cutoff light fixtures.A full cutoff light fixture is one in which no more than two and one-half percent(2.5%) of the total output is emitted at ninety degrees (90°)from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries. Condition 1.5.30 Amend text to read: The commercial component is limited to include: stores and shops, furnishing services, and merchandise to the general public, restaurants including drive-in restaurants; establishments for the sale and care of household pets; professional • offices; establishments for the repair and restoration of small electrical equipment and appliances such as radios, television sets, business office machines and household appliances; private and commercial recreational facilities; private clinics for the dispensing of medical advice or prescriptions; nursing homes, retirement centers and mental or physical rehabilitation centers; community pool and support facilities;one microwave,commercial, radio,television or other communication transmission or relay tower seventy feet or less in height. Condition 1.S.32 Amend text to read: Maximum height limitation in all districts is thirty five(35)feet except on residential parcels adjacent to the St. Vrain River Corridor open space component The building height is 35 feet for the two multi-family tracts(8.4 acre tract, adjacent to County Road 7 and north of the High School site and the 7.3 acre tract north of County Road 28 and west of 1-25). The multi-family parcel (13.6 acre tract north of the High School and west of the Community Center will be allowed to have building heights of 45 feet.All other single family residential lots are 35feet in height. Condition 1.S.34 The minimum setback from an oil and gas production facility shall be three-hundred- fifty-feet. (Department of Planning Services) Letter dated October 26, 2007 from Kerr-McGee Oil & Gas Onshore LP, a subsidiary of Anadarko stipulating setbacks per agreement and outlined in Memorandum of Surface Agreement, reception number 3494222, Condition Met, strike and reletter Amendments to Planning Commission Resolution • Conditions Met,Amended or Deleted Page 4 • Condition 1.S.39 Amend text to read: Oil and gas structures shall be fenced to avoid tampering. (Sheriffs Office) Oil and gas structures shall be fenced to avoid tampering as required by the COGCC and be the responsibility of the facility owner. Condition 1.S.40 Amend text to read: The current hunting &fishing lease in place for the property will expire May 2008. No hunting or fishing will be allowed after that time. (Department of Planning Services) The current hunting &fishing lease in place for the property will expire May 2008. Hunting will be allowed until the first building permit is applied for, with no hunting activities permitted after that time. Condition 1.S.43 Amend text to read: The property owner shall be responsible for-compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) Except where noted on the Change of Zone plat and Waterfront at Foster Lake Development Guide, the property owner shall be responsible for complying with the Performance Standards of Chapter 27,Article II and Article VIII,of the • Weld County Code. Condition 1.S.48 Amend text to read: The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) Except where noted on the Change of Zone plat and Waterfront at Foster Lake Development Guide, the property owner shall be responsible for complying with the Performance Standards of Chapter 27,Article II and Article VIII,of the Weld County Code. Condition of Approval 3, amend text to read: The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording within sixty(60)one hundred twenty(120)days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) Condition of Approval 4, amend text to read: In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005, should the plat not be recorded within the required within sixty(60) one hundred twenty(120)days from the date of the Board of County Commissioners Resolution, Amendments to Planning Commission Resolution • Conditions Met,Amended or Deleted Page 5 a$50.00 recording continuance charge shall be added for each additional three(3) • month period. • Amendments to Planning Commission Resolution • Conditions Met,Amended or Deleted Page 6 Esther Gesick rom: Kevin Lyles [klyles@mesanetworks.net] nt: Tuesday, November 13, 2007 10:56 PM o: Esther Gesick Subject: Docket#2007-87, PL 1934 letter to the Commissioners Attachments: Foster Lakes PZ-1126 BOCC letter.doc it Foster Lakes 'Z-1126 BOCC lett.. IN RE: Nov 14 - Docket #2007-87, PL1934 - Change of Zone, PZ #1126, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with R-1 (Low-Density Residential) , R-2 (Duplex Residential) , R-3 (Medium-Density Residential) , R-4 (High- Density Residential) , C-1 (Neighborhood Commercial) , and C-2 (General Commercial) , 215 acres of open space, and continuing oil and gas production uses in the Mixed Use Development Overlay District (1, 804 units/10 acres Commercial) , HF Holdings, LLC [located one-half (0.5) mile south of State Highway 66, east of and adjacent to County Road 7, west of and adjacent to Interstate 25, and north of and adjacent to the St. Vrain River] (Planner - Ogle) 10:00 AM Regretfully, I will not be able to attend the public hearing scheduled for this item. I respectfully request the attached letter be forwarded to the Board in consideration of this application. I apologize for the short notice. Respectfully submitted, iievin Lyles 3- 709-6783 • EXHIBIT 'Pe--naro 1 November 13, 2007 • Board of County Commissioners 915 Tenth Street P. O. Box 758 Greeley CO 80632 RE: PZ-1126, "Waterfront at Foster Lake" Dear County Comissioners, I wish to express my concerns with the proposed re-zoning for"Waterfront at Foster Lake", PZ- 1126. It is my understanding that this matter will be considered by the Board on November 14th. I request that the Board consider a few key concerns in review of this application. First, the proposed development appears to conflict with the current 1-25 Structural Land Use Map (Weld County website, dated 1/8/2007). The current map proposes commercial development at Highway 66, where it is appropriate, and NO commercial development within the project area. The entire project area is mapped as either Residential or Limiting Site Factors — Lowest Intensity. The applicant proposes a higher intensity of development than adopted through the MUD planning process—including commercial — and proposes this density to the • edge of the regulatory floodplain. The applicant also proposes Single Family and Multi Family development within an area zoned as Limiting Site Factors — Lowest Intensity. These inconsistencies with the adopted MUD Map should be corrected prior to approval of a zoning change. Second, the applicant proposes a solid row of houses adjacent to the St. Vrain Creek floodplain. These homes will be a major visual impact for visitors at the State Park and on the Front Range Trail. As a Weld County resident and frequent visitor to the State Park, I find this impact unacceptable. The applicant should be required to modify Tract H lots to preserve the agricultural setting and wildlife values of this corridor, both for Park visitors and trail users. This includes, first and foremost, removal of the four-lot cul-de-sac encroaching on the floodplain. In a letter from Tetra Tech dated November 5, it appears the applicant is willing to enact some mitigation requirements for these 35 lots. I fully support these restrictions and compliment the applicant for this modification. A viewshed analysis from a few points within the State Park will confirm if these mitigation measures are adequate to allay concerns of visual impact. Without such an effort, I fear that the change in rural character may be represented by the attached illustration (composited with a mature neighborhood of similar character to that proposed with this application). Third, I have some concerns about the configuration of open space parcels and their use for oil • and gas development. Open space does not automatically support wildlife, scenic, recreational, and other values unless planned specifically for those values. The 'leftover' space along the perimeter of this development and within the oil and gas setbacks support none of the values typically associated with open space lands. To include them in the open space calculation is disingenuous, in my opinion. • Fourth, contrary to the applicant's claim, sending stormwater directly into the existing ponds will not enhance the habitat of those ponds. To the contrary, this action will fill the ponds with pollutants, sediment, and a resultant blanket of algae. I know this from local experience -the developer of my subdivision was permitted to pipe our stormwater directly into our open space ponds, to the great detriment of water quality and fish habitat. The ponds are now dominated by carp and little else. While in compliance with minimum federal and state laws, this is environmentally and aesthetically unacceptable. Lastly, as a member of the Idaho Creek Homeowners Association, I have observed firsthand the limitations of an HOA to manage open space for natural values. My community owns about 35 acres of open space, mostly reclaimed gravel ponds, just upstream of St. Vrain State Park. The property has experienced illegal dumping, illegal hunting, off-road driving, drug use, and other activities incompatible with open space preservation. Our open space also suffers from a plethora of noxious weeds and invasive landscape plants, in part due to these activities. Getting the Association to understand and manage these problems has been a major challenge; convincing the owner of the open space adjacent to us to do so has been impossible. I urge you to require the dedication of a conservation easement for the St. Vrain Creek corridor to a public agency with the experience and knowledge to manage this resource wisely. Naturally, Colorado State Parks would make an effective partner given their proximity to the property. Thank you for your consideration. • Kevin Lyles 10671 Butte Drive Longmont, CO 80504 • .r,H . s. ,:. , . • y'; • .. 44 ♦ f . • " . ♦. y r • ..'d _ y`. • _ �1 _ , N . 1 � ' . ii 44 1 j, ' , 1 al CURRENT VIEW FROM PELICAN POND, ST. VRAIN STATE PARK • • 4 . {_1 ♦ - '•. w • lit � �e ilrii., - H.4.1%.., 1 el. '1.0 / - -•••; :al .•- ars , :. N ! i _et •k . /DA t j - is !r , .may• , - ♦ c Ap: ♦ emir,. :c ` e 1 , � illibik1 ` • 1• • CONCEPTUAL FUTURE VIEW FROM PELICAN POND, ST. VRAIN STATE PARK BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS OCTOBER 29, 2007 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A CHANGE OF ZONE IS ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A CHANGE OF ZONE FROM (A) AGRICULTURE TO PUD (PLANNED UNIT DEVELOPMENT) WITH R-1 (LOW-DENSITY RESIDENTIAL), R-2 (DUPLEX RESIDENTIAL), R-3(MEDIUM-DENSITY RESIDENTIAL), R-4(HIGH-DENSITY RESIDENTIAL),C- 1 (NEIGHBORHOOD COMMERCIAL), C-2 (GENERAL COMMERCIAL) 215 ACRES OF OPEN SPACE AND CONTINUING OIL AND GAS PRODUCTION USES. [1804 UNITS/ 10 ACRES COMMERCIAL]. (WATERFRONT AT FOSTER LAKE PUD) IN THE AGRICULTURAL ZONE DISTRICT. KIM OGLE Name of Person Posting Sign • la Sign f Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this L/ day of Akron , 2007. WITNESS my hand and official seal. WENDI INLOES NOTARY "OBLIC No ary Public STATE OF COLORADO My Commission Expires: q;i2c1 [(/tc 0 9• .. ' 0 ►'- r ....•... • . , -.. .7.';- •• - .....;•41.".... - LiF ir Og per, y' • wt r+, r *.. r. • ..i. ytE -" (f d' n-q'Sri_' F i ; .. .... ....a ip,...0..:..::::••..„ ..... . ... . ..... G (r1 vt fie.. Yt t n •� .i.:.-.: s ilo n 55"'463Si+'F • ■111• . g ,►��yjr .� + t ' rY Y{k T5.. '^t� .,4 YY"" ti .sa Ct4k fie:. a'} di • a 5 , h �' 1 < '5jfa >F ,fie a* y , r�. ~ G } p ,- • rin ! or a ighilirsalla I WATERFR0NI at 'aster .. e The Team I FRR.\V!slt s .7b TETRATECH Linda Swoetman-King awgamuanwrr, Julie Cozad •:tr-ng T>acwenegee Lauren Baisley .‘,ropnauanape• Becky Eustice -c•v}Erynw Cathy Leslie s- :NV E•.anaa• HF HOLDINGS, LLC Jim Doyle a&A-ice Drupe, • Darwin Horan -uanag, Gene Coppola PEP'0E 'ranc EncneM %.G. • ..titan Ilk Davin Schroeder E.!-Emmet WISTWa aryisiur Brian Part ington -Emmtonmms nano Manager Ar RauS Patrick Carlin -Ors III i .t1L•JII )II a y r. a, A , -. • . ❑ '4., +.V _Jo 4..t 1 . r� ..1:75.,-. -,:,....\ _ . . I,. yFif literIiii„. :Jig. ,,. of .°I �� t '#. al il y I IHY ; f . IIII EXHIBIT IC K, 1 • I- - —Adjacent ent .Land . Use° edwIra 4 x - a �". Li_ a r i• rr. _ .-_!d• ifila.H., 11 11 If, till • 0 • I..-, tus.. . _...„....„...r : ' a r !_ lti� rte , CJ-'•,, t•� ,. . .f •if ' .. :: , II I I IstOiA illOWSIMIlti fl.4an7 Wart 9 tat lhPhu %bnd August Duce Adrm*nu.<g7 A n b1 is Wad Cater)Plan Oec otaun Mort hot tl+wns.o[iaoa SASS July 2007 Flakos C ardent*Wen Die October IL 2007 • Ptarq CCmmituur lotam aMJ AP'P•'•I ID the WP Ikea of Cony all a lle2Itar1illir Dar. Na.' 14.3707 Pan O nstiw Fissile Dor key 17.7007 Anon by the lased ad Cary(Jora*imae Aupud 24.2007 Teba Maim Novas CZW7 Binciudatitherwiloa fairsiad:bd7 12.2007 NMIiwtr+4wlr Apnea I,WM0:fly Plaint PLTIIoosI: Augu*P.YaT kV!ATFI:Q()VT �.2t,erf: frdId Referral Atiencies/Serk ice Pro\ islers • Mountain View Fire Protection • Ditch Companies Distinct • Sanborn Ditch • St. Vrain Valley School District • Outlet si Dila] • CcbrtiinutcdCcantzucti(n of • Highland Ditch 'Traffic.Utilities and Access • CAI St Gas • lamb's Peak Water Dania • Anadarko • Potable/Non-Potable W:ucr • Gas- Kinder Morgan • Service Agreement • Electric- tinned Power • St Vrain Sanitation ()Ulric* • Phone-Qwcst • Service Agreement • Twin Path Post Office • Town of Mead • St.Vrain State Park 1 a 'll 11 ' ' ' t hl'IN)VJ t4Jcrira.ea& • - e- r 0 2 • & Oil Gas Facilities Fs Recorded Memorandum of Surface • - Use Agreement with Anandarko, Recorded August 2007 Memorandum submitted with Change of Zone application Direction drill locations have been agreed upon and paid for by developer. (f Surface Use Agreement in _-• - }i • completion phase. Pipeline Y • relocation meetings are underway. 0 O Circulation l'atterns 7' • raildllitiiintsctions f Roadiattttatcfl perties • —fit I ) S.1 44. � 111 .al..w._...u• .n, •a.,ro...wuur.0_,se..!!w.l.. u.y...,. tp csnmSmf t Proposed Land Uses 31 • Residential • 55' x 110' lots • 65' x 110' lots -it• • • 70' x 1 10' lots' 1i 1 • 80' x 110' lots �� ••� ■ Multi-family - Density 0411, r :.01. Range: 12-14 DU/AC & • 14.16 DU/AC • Single/Multi-family . . ri Density Range: 8-10 • • DU/AC .� • Commercial — 10 Acres B • 3 • Filing Niap • Filing 1 — 132 Single _._ Family lots Op i • Target Submittal date L !i . ". for final plat is ""n"'Lr'i - December 2007 a . µ 1,. . , { yn-1U)YT • d �vAr &. Filing Map $' Filings 2-6 • Filing 2 — 117 Lots 7-. • Filing 3A — 139 Lots iiA • Filing 3B — 22 Lots • Filing 4 — 160 Lots • • Filing 4A — Community Center . .. • • Filing 5 — 153 Lots — . . , rei`j ' • Filing 6 - 151 Lots Orr I\t� 1 Target Submittal Date for ik`tsiiFinal Plat is Summer 2008 , Filings are not required to be diammideveloped in numerical order Filing Map I Future Filings (7-10) psi I • Filing 7 — 57 Lots ■ 58-72 Single Family/ Multi-Family • 118-135 Multi-Family il ; •+ ■ Filing 8 I -- `.:,J • 81 Single Family • 62-77 Single Family/ llr.: Multi-Family IIII. • Filing 9 [E _ ■ 112 Single Family 11' • 61-76 Single Family/ Multi-Family • Filing 10 15 • 278-320 Multi-Family ,ion 4 Landscape Treatments - •f •«r :. w:R�•rIrur.aa131 II - wrta$TA7E 23 — . \ Illenities Waterfront will have over 200 acres of open space �. 3 q di k . . • . . k • dim!. i ifil, . 11 • i ill {rrATri rnrllrr , ..\ 111L' IlliltTh Waterfront has Surface rights to the lake t . . ,__, ri i 1 11111.1111 } 6 -r , . * a„ .' II WATERER( T 4% On :_ ,&._ III • Amenities Community Center, Pool, Pavilion and Tot Lots 0 ) ti l : d * A I • I * 4 , • • �' S 3 WATT ItntnNT 4 coon,'',lrr_ - Amenities Ponds, picnic &natural areas within the flood plain, views to the west, fishing, native landscape, and traits. rre •i _ _ .... ii i -- ' • •, • r , 4.\\* 1 0• • 4-4 • --`�� is la • ... „JDY r et W-\1'J RFRf1VT al gerrvrirate c— — - The project was designed to meet the goals and policies of the Comprehensive Plan, Mixed Use Development Area, and meets the requirements of Chapter 27. Planned Unit Developments. We request your approval of the Waterfront at Foster Lake PUD Change of Zone. AL rill ,' \ 1 ! in WNT dig-vita 4 S 6 l • Preserv' aturccl Landscape & L of Colorado WATERFRONT rat rum 11d!2 WATERFRONT • ut `Tostet s • PL1934 Exhibit LL CD of PRESENTATION • Not Scanned • Hello