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HomeMy WebLinkAbout20060704.tiff 0* qt,. CONSOLIDATED SERVICE PLAN FOR ST. VRAIN LAKES METROPOLITAN DISTRICT NOS. 1, 2, 3 AND 4 WELD COUNTY, COLORADO Prepared by White, Bear&Ankele Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, Colorado 80129 February 28, 2005 EXHIBIT I �a 2006-0704 I. INTRODUCTION 1 A. General Overview 1 1. Consolidated Plan 1 2. Multiple District Structure 1 3. Benefits of Multiple District Structure 2 a. Coordinated Services 2 b. Uniform Mill Levy 2 c. Bond Interest Rates 3 4. Configuration of Districts 3 5. Long-Term District Plan 4 6. Existing Services and Districts 4 7. Property Owner Associations 4 B. General Financial Information and Assumptions 4 C. Contents of Service Plan 5 D. Modification of Service Plan 6 II. NEED FOR NEW DISTRICTS AND GENERAL POWERS 6 A. Need for Metropolitan Districts 6 B. General Powers of Districts 6 1. Water 7 2. Streets 7 3. Traffic and Safety Controls 7 4. Fire Protection & Emergency Medical Services 7 5. Television Relay and Translator 7 • 6. Transportation 7 7. Parks and Recreation 8 8. Sanitation 8 9. Mosquito and Pest Control 8 10. Legal Powers 8 11. Other 8 III. DESCRIPTION OF FACILITIES AND IMPROVEMENTS 9 A. General 9 B. General Design Standards 9 1. Streets 9 2. Storm Drainage 19 3. Fire Protection 10 4. Water System 10 C. Park and Recreation 10 D. Transportation 10 E. Mosquito Control 10 F. Estimated Cost of Facilities 10 IV. DEVELOPMENT PROJECTIONS 11 V. PROPOSED AGREEMENTS 11 A. Master Intergovernmental Agreements 11 - B. County IGA 11 C. Other Agreements/Authority 11 VI. OPERATION AND MAINTENANCE COSTS 11 VII. FINANCING PLAN 12 A. General 12 B. Maximum Debt Mill Levy 13 C. Maximum General Obligation Bonded Indebtedness 13 D. Revenue Sources 14 E. TABOR Compliance 14 F. Initial Costs 14 G. Maximum Interest Rate 15 H. Other 15 VIII. OTHER REQUIREMENTS 15 IX. CONCLUSIONS 15 ii I. INTRODUCTION A. General Overview 1. Consolidated Plan. This is a consolidated service plan for St. Vrain Lakes Metropolitan District Nos. 1 - 4 (referred to herein individually as a "District," or collectively as the "Districts"), submitted pursuant Title 32 of the Colorado Revised Statutes. The general boundaries of the Districts consist of Weld County Road 13 to the East, Colorado State Highway 66 to the North, United States Interstate 1-25 to the West, and the Saint Vrain River to the South. The land within the Districts currently contains no residential units. The Districts' service area will include approximately 1,314 acres. At build-out, it is anticipated that the Districts will contain approximately 4,500 single-family equivalent units, commercial area and parks and recreational facilities. At 3.5 persons per single-family equivalent, the population of the area is anticipated to be approximately 15,750 persons. Implementation of the concepts set forth in this Service Plan will require considerable financial involvement by the Developer of the area. Development risk will be borne by the Developer until enough assessed valuation has been produced to enable the Districts to become self-sufficient. This Service Plan demonstrates that the Districts, with the Developer's assistance, will be financially viable and able to provide the services and facilities described herein on a sound economic basis. Improvements to be furnished by the Districts, and a demonstration of how the Districts will best provide the necessary public improvements in a cost effective manner from available resources and by coordination with Weld County(the "County"), are also described herein. 2. Multiple District Structure. This Service Plan is submitted in accordance with Part 2 of the Special District Act (Sections 32-1-201, et seq., C.R.S.) It defines the powers and authorities of, as well as the limitations and restrictions on the Districts. St. Vrain Lakes Metropolitan District No. 1 shall be referred to as "the Service District," and St. Vrain Lakes Metropolitan District Nos. 2, 3, and 4 shall be jointly referred to as "the Financing Districts." The use of a consolidated Service Plan for the Districts assures proper coordination of the powers and authorities of the independent Districts, and avoids confusion regarding the separate, but coordinated, purposes of the Districts that could arise if separate service plans were used. Unless otherwise specifically noted herein, general provisions of this Service Plan apply to all four (4) Districts. Where possible, however, specific reference is made to an individual District to help distinguish the powers and authorities of each District. The "Financing Plan" discussed in Section VII refers to a consolidated preliminary financial plan for the Districts which is intended to depict the manner in which financing of the public improvements is anticipated to be completed for the St. Vrain Lakes Development (the "Financing Plan"). The Service District is responsible for managing the construction and operation of facilities and improvements needed for the St. Vrain Lakes Development. The Financing Districts are responsible for providing the funding and tax base needed to support the Financing Plan for capital improvements. Various agreements have been and are expected to be executed by the Districts clarifying the nature of the functions and services provided by each District. The - agreements are designed to help assure the orderly development of essential services and facilities resulting in a community which will be both an aesthetic and economic asset to Weld County. The continued operation of St. Vrain Lakes Metropolitan District No. 1 as the Service District which owns and operates the public facilities throughout St. Vrain Lakes Metropolitan Districts Nos. 2, 3 and 4, and the continued operation of St. Vrain Lakes Metropolitan Districts Nos. 2, 3 and 4 as Financing Districts which generate the tax revenue sufficient to pay the costs of the capital improvements, creates several benefits for the inhabitants of the community. In general, those benefits are: (a) coordinated administration of construction and operation of public improvements, and delivery of those improvements in a timely manner; (b) maintenance of reasonably uniform mill levies and reasonable tax burdens on all residential and commercial areas of the St. Vrain Lakes Development through proper management of the financing and operation of public improvements; and (c) assured compliance with state laws regarding taxation in a manner which permits the issuance of tax exempt debt at the most favorable interest rates possible. Each of these concepts is addressed in greater detail in the following paragraphs. 3. Benefits of Multiple District Structure. a. Coordinated Services. Development of the St. Vrain Lakes Development is proceeding in several phases, each of which requires the extension of public services and facilities. The multiple district structure assures that the construction and operation of each phase of public facilities is primarily administered by a single Board of Directors consistent with a long term construction and operations program. Use of the Service District as the entity responsible for construction of each phase of improvements and for management of operations facilitates a well-planned financing effort through all phases of construction and assists in assuring coordinated extension of services. The multiple district structure helps assure that facilities and services needed for future build-out of the St. Vrain Lakes Development will be provided when they are needed, and not sooner. This, in turn, allows the full costs of public improvements to be allocated over the full build-out of the St. Vrain Lakes Development and helps avoid disproportionate cost burdens being imposed on the early phases of development. b. Uniform Mill Levy. Allocation of the responsibility for paying debt for capital improvements will continue to be managed through development of the consolidated Financing Plan for those improvements and through development of an integrated operating plan for long-term operations and maintenance. Use of the Service District to manage these functions helps assure that no area within the St. Vrain Lakes Development becomes obligated for more than its share of the costs of capital improvements and operations. Low-density areas will not bear a disproportionate burden of debt and operating costs, nor will high valued areas bear disproportionate burdens. Intergovernmental agreements between the Districts will assure that mill levies remain reasonably uniform throughout the St. Vrain Lakes Development. 2 c. Bond Interest Rates. Some have asserted that Colorado law may require — that before financing districts may raise mill levies or increase other revenues to pay debt service on bonds, they must fully exhaust their operating revenue. This has the potential result of rendering a district operationally bankrupt before it can raise mill levies for payment of debt service. This requirement, if ultimately upheld by the Colorado courts, adversely affects the ability of a district to issue bonds at attractive rates since the bond markets may dictate unreasonably high interest rates in a single district structure to compensate for this risk. Separation of the financing and service functions of the Districts into four (4) districts will help eliminate this problem. Consequently, the multiple district structure is less risky and will allow bonds to be issued to finance public improvements at lower rates than if a single special district is organized. 4. Configuration of Districts. In order to implement the multiple district structure, the boundaries of the Service District and Financing Districts need to be carefully configured. A map showing the boundaries of the Districts is provided in Exhibit A to this Service Plan. The Service District will contain approximately 2.35 acres. The Financing Districts as ultimately configured will contain approximately 674.77 acres, 572.90 acres, and 66.57 acres, comprising St. Vrain Lakes Metropolitan District No. 2, St. Vrain Lakes Metropolitan District No. 3, and St. Vrain Lakes Metropolitan District No. 4, respectively. The combined acreage of the Districts covers all acreage within the St. Vrain Lakes Development. Legal descriptions of the property within the boundaries of the Districts are attached as Exhibit B. The "service area" (the area legally permitted to be served) for the Service District will consist of the entire St. Vrain Lakes Development, including the property within the Financing Districts' boundaries. The Service District has the power to impose taxes only within its legal boundaries, but is permitted to provide public services to the entire community as well as to property or individuals outside of the St. Vrain Lakes Development. The Financing Districts have power to assess taxes and other charges permitted by law. It is currently anticipated that no residential units will be located within the Service District, and that at build-out, the Service District will include only open space. The Financing Districts will contain all residential and commercial properties within the St. Vrain Lakes Development, expected to consist of approximately 4,500 units, subject to final development approval. The projected population of the St. Vrain Lakes Development at full build-out is 15,750 persons, and the projected total valuation at build-out in 2020 is approximately $117,794,675. It is possible that additional property may be included in the Districts. Under Colorado law, the fee owner or owners of one hundred percent (100%) of any property proposed for inclusion may petition the Boards of Directors of the Districts for inclusion, or annexation, of property into the Districts. Additionally, less than one hundred percent of the owners of an area may petition the Districts for inclusion, or the board may adopt a resolution calling for an election on inclusion of the property. The Boards of Directors will have discretion to permit inclusions without amending this Service Plan. 3 5. Long-Term District Plan. After all bonds or other debt instruments have - been issued by the Districts and adequate provision has been made for payment of all debt of the Service District and Financing Districts, the electorate of the Districts will have the opportunity to consider either the consolidation of the Service District and Financing Districts into a single entity, or the dissolution of the Service District and/or Financing Districts in accordance with state law. The Service District and Financing Districts will consider consolidation and/or dissolution at the time each District's debt has been paid and adequate provision has been made for operation of all the Service District facilities. Ultimately, control of these decisions will rest with the electorate in each District. 6. Existing Services and Districts. There are currently no other entities in existence in the St. Vrain Lakes Development area which have the ability and/or desire to undertake the design, financing and construction of improvements needed for the community. It is also the developer's understanding that the County does not consider it feasible or practicable for the County to provide the necessary services and facilities for the St. Vrain Lakes Development. Consequently, use of the new Districts is deemed necessary for the provision of public improvements in the St. Vrain Lakes Development. In order to minimize the proliferation of new governmental structures and personnel, the Service District intends to utilize existing entities as much as possible for operations and maintenance of public improvements. Operations and maintenance of water and sewer improvements will be the responsibility of the Little Thompson Water District (the "Water District") and the St. Vrain Sewer District (the "Sewer District") after completed water and sewer improvements are conveyed to the appropriate entities by the Service District. The timing for conveyance of improvements to the Water District and the Sewer.District will be developed by mutual agreement between the Service District and the Water District and the Sewer District as generally described above and in Section V hereof. It is possible that other key operations and maintenance services may be provided by other entities pursuant to appropriate agreements with the Service District. Consequently, while the Service District and Financing Districts exist to finance capital improvements and coordinate the provision of services, they are expected to utilize existing entities and personnel as much as possible. 7. Property Owner Associations. Certain services may be provided within the St. Vrain Lakes Development by property owner associations expected to be organized as Colorado non-profit, private membership organizations comprised of all property owners in the St. Vrain Lakes Development. The associations are expected to provide architectural control services, community organizations, community events and activities, community marketing, animal control, security, common area maintenance, and other programs that may be beyond the scope of the Districts. B. General Financial Information and Assumptions. The 2003 certified assessed valuation of all taxable property within the boundaries of the St. Vrain Lakes Development was approximately$0. 4 The anticipated cost of improvements necessary to provide access to and appropriate services within the St. Vrain Lakes Development are substantial and are estimated in the Total Cost Summary attached as Exhibit C. The Districts may obtain financing for the capital improvements needed for the St. Vrain Lakes Development through the issuance of general obligation bonds or other debt instruments by Financing Districts and from revenue bonds and other instruments issued by the Service District. General obligation debt will be payable from revenues derived from ad valorem property taxes and from other sources. It is currently anticipated that significant credit enhancement and security for debt issued by the Service District will be provided by the developer. The Financing Districts will issue general obligation debt after determination that the assessed valuation is sufficient to pay debt service with reasonable mill levies, thereby reducing risk to property owners. The preliminary financial forecasts for the Districts are contained in Exhibit D to this Service Plan. The Financing Plan demonstrates one method that might be used by the Districts to finance the cost of infrastructure. At the time bonds or other debt instruments are proposed to be issued, alternative financing plans may be employed and be utilized by the Districts. Due to the credit enhancement and other support expected to be received from the developer, the Financing Plan demonstrates that the cost of infrastructure described herein can continue to be provided with reasonable mill levies. The figures contained herein depicting costs of infrastructure and operations will not constitute legal limits on the financial powers of the Districts; provided, however, that the Districts shall not be permitted to issue bonds which are not in compliance with the bond registration and issuance requirements of Colorado law. The financial structure contemplated in the revised Financing Plan demonstrates that the risks associated with development of the St. Vrain Lakes Development will continue to be borne initially by the developer of the project. Due to the nature of liabilities associated with issuance of revenue bonds, the risk of development will continue to rest with the developers until such time as the Financing Districts have the ability to issue general obligation debt. At such time as general obligation debt is issued, the responsibility for payment of the costs of infrastructure needed for the St. Vrain Lakes Development will be shifted, incrementally, to the Financing Districts. General obligation debt issued by the Financing Districts will limit the responsibility for repayment of such debt to the Financing Districts. hi this manner, County can continue to be assured that the risks of development and the responsibility for repayment of debt issued for the St. Vrain Lakes Development will be borne solely by the residents and property owners of the St. Vrain Lakes Development, and will not become the responsibility, to any degree, of County. Additionally, County can be assured that mill levies paid by the St. Vrain Lakes Development residents cannot exceed acceptable levels. C. Contents of Service Plan This Service Plan consists of a preliminary financial analysis and preliminary engineering plan showing how the facilities and services for the St. Vrain Lakes Development can continue to be provided and financed by the Districts. Numerous items are included in this Service Plan in order to satisfy the requirements of law for formation of special districts. Those items are listed in Exhibit E attached hereto. All of the requirements of law are satisfied by this Service Plan. 5 The assumptions contained within this Service Plan were derived from a variety of - sources. Information regarding the present status of property within the Districts, as well as the current status and projected future level of similar services, was obtained from the developer. Construction cost estimates were assembled by Carroll & Lange, Inc. which has experience in the costing and construction of similar facilities. Legal advice in the preparation of this Service Plan was provided by the law firm of White, Bear and Ankele Professional Corporation, developer's counsel, which represents numerous special districts. D. Modification of Service Plan This Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities for the St. Vrain Lakes Development under evolving circumstances without the need for numerous amendments. While the assumptions upon which this Service Plan are generally based are reflective of current zoning for the property within the St. Vrain Lakes Development, the cost estimates and Financing Plans are sufficiently flexible to enable the Districts to provide necessary services and facilities without the need to amend this Service Plan as zoning changes. Modification of the general types of services and facilities, and changes in proposed configurations, locations, or dimensions of various facilities and improvements shall be permitted to accommodate development needs consistent with then- current zoning for the property. II. NEED FOR NEW DISTRICTS AND GENERAL POWERS A. Need for Metropolitan Districts A significant portion of the property in the St. Vrain Lakes Development is undeveloped. No other entities exist which will finance the construction of the facilities needed for the St. Vrain Lakes Development. Operation and maintenance of some facilities will be assumed by County in the future. The intergovernmental agreements ("IGAs") referred to in Section V hereof will address and define the activities to be undertaken by various entities, including County, with regard to public improvements. • B. General Powers of Districts Each District will continue to have power and authority to provide the services and facilities described in this Service Plan both within and outside their boundaries in accordance with the law. The powers and authorities of each District will be allocated and further refined in "master" IGAs between the Districts, which have been voted upon and approved by their respective electorates. For purposes of the Control Act, the IGAs shall not constitute an amendment of this Service Plan. They constitute binding agreements between the Districts regarding implementation of the powers contained in this Service Plan. Each District shall continue to have authority to provide the following services and facilities: 6 1. Water. The design, acquisition, installation, construction, operation, and - maintenance of a water and irrigation water system, including, but not limited to, water rights, water supply, treatment, storage, transmission and distribution systems for domestic and other public or private purposes, together with all necessary and proper reservoirs, treatment works and facilities, wells, water rights, equipment and appurtenances incident thereto which may include, but shall not be limited to, transmission lines, distribution mains and laterals, storage facilities, land and easements, together with extensions of and improvements to said systems, provided, however, that the District shall not have the power to be its own water service provider. 2. Streets. The design, acquisition, installation, construction, operation, and maintenance of street and roadway improvements, including, but not limited to curbs, gutters, culverts, storm sewers and other drainage facilities, detention ponds, retaining walls and appurtenances, as well as sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, snow removal equipment, or tunnels and other street improvements, together with all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities. 3. Traffic and Safety Controls. The design, acquisition, installation, construction, operation, and maintenance of traffic and safety protection facilities and services through traffic and safety controls and devices on streets and highways, environmental monitoring, and rodent and pest controls necessary for public safety, as well as other facilities and improvements including, but not limited to, main entry buildings, access gates, signalization at intersections, traffic signs, area identification signs, directional assistance, and driver information signs, together with all necessary, incidental, and appurtenant facilities, land easements, together with extensions of and improvements to said facilities. 4. Fire Protection & Emergency Medical Services. The acquisition, construction, completion, installation and/or operation and maintenance of facilities and/or services for protection against fire, including, but not limited to, fire stations, fire protection and fire fighting equipment, and such ambulance, medical, and rescue units as are deemed necessary for proper firefighting and suppression services, adoption of fire codes, as well as all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said system. 5. Television Relay and Translator. The acquisition, construction, completion, installation and/or operation and maintenance of television relay and translator facilities, including, but not limited to, cable television and communication facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities. 6. Transportation. The design, acquisition, installation, construction, operation and maintenance of public transportation system improvements, including transportation equipment, park and ride facilities and parking lots, parking structures, roofs, covers, and facilities, including, but not limited to facilities for the commercial structures and for the conveyance of the public consisting of buses, automobiles, and other means of conveyance, 7 • and structures for repair, operations and maintenance of such facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems. 7. Parks and Recreation. The design, acquisition, installation, construction, operation and maintenance of public park and recreation facilities or programs including, but not limited to, swimming pools and spas, tennis courts, exercise facilities, bike paths, hiking trails, snowshoe trails, pedestrian trails, pedestrian bridges, pedestrian malls, public fountains and sculpture, art, and botanical gardens, equestrian trails and centers, picnic areas, skating areas and facilities, common area landscaping and weed control, outdoor lighting of all types, community events, and other facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems. 8. Sanitation. The design, acquisition, installation, construction, operation and maintenance of storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, and all necessary or proper equipment and appurtenances incident thereto, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems, provided, however, that the District shall not have the power to be its own sanitation service provider. 9. Mosquito and Pest Control. The design, acquisition, installation, construction, operation, and maintenance of systems and methods for the elimination and control of mosquitoes, rodents and other pests. 10. Legal Powers. The powers of the Districts will be exercised by their Boards of Directors to the extent necessary to provide the services contemplated in this Service Plan. The foregoing improvements and services, along with all other activities permitted by law, will be undertaken in accordance with, and pursuant to, the procedures and conditions contained in the Special District Act, other applicable statutes, and this Service Plan, as any or all of the same may be amended from time to time. 11. Other. In addition to the powers enumerated above, the Boards of Directors of the Districts shall also continue to have the following authority: a. To amend this Service Plan as needed, subject to the appropriate statutory procedures, including, by written notice to County pursuant to Section 32-1-207, C.R.S., of actions that the Districts believe are permitted by this Service Plan but which may be unclear. In the event County elects not to seek to enjoin any such activities under said statute, such election shall constitute agreement by County that such activities are within the scope of this Service Plan. The Districts shall have the right to amend this Service Plan independent of participation of the other Districts; provided, that the Districts shall not be permitted to amend those portions of this Service Plan which effect, impair, or impinge upon the rights or powers of the other Districts without such District's consent; and b. To forego, reschedule, or restructure the financing and construction of certain improvements and facilities, in order to better accommodate the pace of growth, 8 resource availability, and potential inclusions of property within the Districts, or if the - development of the improvements and facilities would best be performed by another entity; and c. To provide all such additional services and exercise all such powers as are granted expressly or by implication of Colorado law, and which the Districts are required to provide or exercise or, in their discretion, choose to provide or exercise; and d. To exercise all necessary and implied powers under Title 32, C.R.S. in the reasonable discretion of the Boards of Directors of the Districts. III. DESCRIPTION OF FACILITIES AND IMPROVEMENTS The Service District and Financing Districts are permitted to exercise their statutory powers and their respective authority set forth herein to finance, construct, acquire, operate and maintain the public facilities and improvements described in Section II of this Service Plan either directly or by contract. Where appropriate, the Districts will contract with various public and/or private entities to undertake such functions. The following sections contain general descriptions of the contemplated facilities and improvements that will be financed by the Financing Districts. A. General Construction of all planned facilities and improvements will be scheduled to allow for proper sizing and phasing to keep pace with the need for service. All descriptions of the specific facilities and improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, County's requirements, and construction scheduling may require. B. General Design Standards Improvements within the Districts will be designed and installed by the Service District in general conformance with current standards adopted by the Service District and County. Designs and contract documents prepared for improvements must be reviewed and approved by the Service District and County. Again, the County IGA described in Section V hereof describes the procedures which will be followed to assure compliance with the requirements of this Service Plan. 1. Streets. Public streets will be designed and installed to conform to the standards and recommendations of the American Association of State Highway and Transportation Officials, the Colorado Department of Highways (where applicable), County, and the Rules and Regulations adopted by the Districts. 2. Storm Drainage. All major storm drainage facilities will be designed for the 100-year storm event. All storm drainage designs will conform to the standards and recommendations of County, and the Rules and Regulations of the Districts. The District shall 9 have the ability to finance and construct drainage and sanitation facilities more specifically - described in Exhibit F ("Sanitation Facilities"), provided, however, that the District shall not be the perpetual owner or operator of the Sanitation Facilities and upon completion the District shall convey the Sanitation Facilities to the Sanitation District. 3. Fire Protection. Fire protection services have been established from the "Grading Schedule for Municipal Fire Protection," as recommended by the Insurance Service Office (ISO) and supplemented by interviews with municipal fire chiefs. 4. Water System. All water system designs will conform to the standards and recommendations of County, and the Rules and Regulations of the Districts. The District shall have the ability to finance and construct raw and potable water systems more specifically described in Exhibit G ("Water Systems"), provided, however, that the District shall not be the perpetual owner or operator of the Water Systems and upon completion the District shall convey the Water Systems to the Water District. C. Park and Recreation All park and recreational facilities and/or services will be constructed in accordance with plans and specifications approved by County. All other park and recreational facilities will be constructed in accordance with engineering and design requirements appropriate for the surrounding terrain, and shall not be incompatible with County's standards or the standards of other local public entities, as appropriate. D. Transportation The Service District contemplates that at some future date it may be prudent to participate in a public transit system in the Weld County area. The Service District may, at the appropriate time, fund studies or improvements that are intended to provide mass transit for the population within the St. Vrain Lakes Development. E. Mosquito Control The Service District contemplates that at some future date it may be prudent to participate in a mosquito control program in the area. The Service District may, at the appropriate time, fund studies or improvements that are intended to provide mosquito control within the St. Vrain Lakes Development. F. Estimated Cost of Facilities The estimated cost of the facilities to be constructed, installed and/or acquired by the Service District is shown in the Financing Plan. 10 IV. DEVELOPMENT PROJECTIONS Land use within the project will be residential, commercial, and industrial as set forth in herein. V. PROPOSED AGREEMENTS A. Master Intergovernmental Agreements As noted in this Service Plan, the relationship between the Service District and Financing Districts, including the means for approving, financing, constructing, and operating the public services and improvements needed to serve the St. Vrain Lakes Development has been established by means of Master IGAs executed by the Districts. The Master IGAs establish extensive procedures and standards for the approval of the design of facilities, transfer of funds between the Districts, and operation and maintenance of the facilities. The Master IGAs also provide for coordinated administration of management services for the Districts. A copy of the current form of the Master IGAs is on file in the Districts' offices. B. County IGA The County and the Service District may enter into an IGA ("County IGA"), as required by the County, regarding the nature of the relationship between the Service District and County, and setting forth various procedures and agreements regarding the construction, ownership, operation and maintenance of improvements constructed by the Service District. C. Other Agreements/Authority To the extent practicable, the Service District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the improvements and services and effective management. Agreements may also be executed with property owner associations and other service providers. All such agreements are authorized to be provided by each, pursuant to Colorado Constitution, Article XIV, Section 18(2)(a) and Section 29-1-201, et seq., Colorado Revised Statutes. VI. OPERATION AND MAINTENANCE COSTS Estimated costs for operation and maintenance functions are presented in the Financing Plan. Operation and Maintenance costs will be paid from legally available revenues of the District, which may be derived from the District's general mill levy and other fees and charges. The mill levy for operation and maintenance shall not be subject to the cap discussed in Section VII.B. 11 VII. FINANCING PLAN A. General Attached to this Service Plan as Exhibit D is a preliminary and abridged draft of the District's Financing Plan. The final submittal of this Service Plan will contain a comprehensive consolidated financing plan for the Districts. The Financing Plan shows how the proposed services and facilities may be financed and operated by the Districts. The Financing Plan includes the proposed operating revenue derived from ad valorem property taxes for the first budget year, and thereafter, to be used by the Service District. The Master IGAs provide that the obligation of the Financing Districts to pay the Service District for operating expenses incurred for provision of services to property within the Financing Districts shall constitute "debt" of the Financing Districts. Accordingly, mill levies certified to make necessary payments to the Service District are characterized as debt service mill levies notwithstanding that they are imposed to pay contractual obligations for operations and maintenance services provided by the Service District. The Service District has borrowed its initial operating funds from private entities to be repaid after it is able to generate operating revenues from the Financing Districts. The Financing Plan identifies the proposed debt issuance schedules of the Service District and Financing Districts and shows how the financial operations of the Districts are being coordinated. The Financing Districts are expected to issue general obligation debt supported by ad valorem mill levies. This mechanism will help assure the transition of appropriate tax revenue to the payment of debt issued to provide services for the St. Vrain Lakes Development. It is presently anticipated that the Financing Districts will issue general obligation bonds to be secured by the developer and by financial commitments received from the Financing Districts. Other structures may be used. The Districts shall be entitled to modify the proposed structure of the Financing Plan by causing the Service District to obtain funding directly from the Developer, its lender, or assigns of Developer, provided that all such borrowing shall comply with the requirements of state law regarding limitations on the amount of general obligation debt which may be issued. For example, the Service District shall be entitled to obtain funding from the Developer and agree to repay the Developer from revenue sources which the Service District might otherwise become entitled pursuant to the Master IGA or other agreements. The Districts shall also be entitled to issue contingent repayment obligations in amounts which exceed the estimated general obligation debt estimated in this Service Plan on condition that the provisions of such contingent repayment obligations are in compliance with state law and are subject to the limitations of state law regarding the limitations on issuance of general obligation debt. The Districts shall have the ability to utilize excess debt capacity, which may be developed within Districts if the assumptions contained in the Financing Plan are more conservative than what actually develops within the St. Vrain Lakes Development. The balance of the information contained in this section of this Service Plan is preliminary in nature. Assessed valuation figures, capital construction costs and impact fee calculations reflect some moderate inflation. Upon approval of this Service Plan, the Districts will continue to develop and refine cost estimates contained herein and prepare for bond 12 issuance. All cost estimates will be inflated to current dollars at the time of bond issuance and — construction. Engineering and other contingencies, as well as capitalized interest and other costs of financing will be added. All construction cost estimates assume construction to applicable local, state or federal requirements. B. Maximum Debt Mill Levy The "Maximum Debt Mill Levy" shall be the maximum mill levy a District is permitted to impose upon the taxable property within such District for payment of Debt, and shall be determined as follows: 1. For the portion of any aggregate Debt which exceeds fifty percent (50%) of the District's assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be fifty (50) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section VII.B.2 below; provided that if, on or after January 1, 2005, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2005, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. 2. For the portion of any aggregate Debt which is equal to or less than fifty percent (50%) of the District's assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. 3. For purposes of the foregoing, once Debt has been determined to be within Section VII.B.2 above, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District's Debt to assessed ratio. All Debt issued by the Districts must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. C. Maximum General Obligation Bonded Indebtedness The maximum general obligation bonded indebtedness for the Financing Districts is not expected to exceed $ (in 2005 dollars) exclusive of costs of issuance, inflation, contingencies and other similar costs. Actual costs are anticipated to be approximately $93,160,595. Contractual general obligation debt of the Districts shall not count against any bonded debt limitation or restriction on the Districts. Further, the obligations of the Districts pursuant to any "master" IGA between the Districts shall not count against any bonded debt limitation or restriction on the Districts. The Districts shall have authority to finance and 13 construct all facilities contemplated herein without the need to seek approval of any modification of this Service Plan. The Districts shall also be permitted to seek debt authorization from their electorates in excess of this amount to account for contingencies. Reasonable modifications of facilities and cost estimates shall likewise be permitted. Final determination of the amount of debt for which approval will be sought from each District's electorate from time to time will be made by the Board of Directors of each District based on then-current estimates of construction costs, issuance costs, and contingencies: Authorization to issue bonds and enter into various agreements described herein will be sought from each District's electorate pursuant to the terms of the Special District Act, and the Colorado Constitution as amended from time to time. D. Revenue Sources In addition to ad valorem property taxes, and in order to offset the expenses of the anticipated construction and the Service District's operations and maintenance costs, the Districts will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-10010), C.R.S., as amended. The Financing Plan assumes various sources of revenue, including ad valorem property taxes, specific ownership taxes, tap fees, and user charges, together with interest earnings on retained amounts, but not including tap fees. Notwithstanding sources and amounts of revenue anticipated by the Financing Plan, the Districts shall have authority to change fees, rates, tolls, penalties, and charges so long as such changes do not materially affect the Districts' ability to discharge their debt. It is anticipated that a tiered system of user charges will be established. E. TABOR Compliance The Financing Plan does not project any significant accumulation of fund balances that might represent receipt of revenues in excess of expenditures under the TABOR Amendment. It is anticipated that the operations of the Service District will qualify as "enterprises" under the TABOR Amendment. If its operations do not qualify as enterprises under TABOR, revenues from all sources that exceed the permitted level of expenditures in a given year will be refunded to taxpayers, unless a vote approving the retention of such revenues is obtained. To the extent annual district revenues exceed expenditures in this manner, the Districts will comply with the provisions of TABOR and either refund the excess or obtain voter approval to retain such amounts. F. Initial Costs The estimated costs of the facilities and improvements to be constructed and installed by the Districts, including the costs of acquisition of land, and engineering services, legal services, administrative services, initial proposed indebtedness, and other major expenses related to the facilities and improvements to be constructed and installed, are set forth in the Total Cost Summary in the Service Plan, and are not expected to exceed $100,000 initially. Organizational costs will be reimbursed to the Developer by the Districts out of their initial revenue sources including bond issue proceeds. 14 G. Maximum Interest Rate The maximum voted interest rate for bonds will be eighteen (18%). The proposed maximum underwriting discount will be five percent (5%). It is estimated that the general obligation bonds, when issued, will mature not more than forty(40) years from date of issuance. H. Other In the discretion of the Boards of Directors, the Districts may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by the Districts will remain under the control of its Board of Directors. The Financing Plan demonstrates that each District will have the financial capability to discharge the proposed indebtedness with reasonable mill levies assuming reasonable increases in assessed valuation and assuming the rate of build-out estimated in the Financing Plans. VIII. OTHER REQUIREMENTS The Financing Districts and Service District shall continue to be subject to the following additional requirements: 1. Submission of annual reports as described in Section 32-1-207(3)(c), C.R.S., in the form prescribed by County. 2. Material modifications of this Service Plan, except as contemplated herein, shall be subject to approval by County in accordance with the provisions of Section 32-1-207, C.R.S. IX. CONCLUSIONS It is submitted that this Consolidated Service Plan for St. Vrain Lakes Metropolitan District No. 1, St. Vrain Lakes Metropolitan District No. 2, St. Vrain Lakes Metropolitan District No. 3, and St. Vrain Lakes Metropolitan District No. 4, as required by Section 32-1-203(2), C.R.S., has established that: (a) There is sufficient existing and projected need for organized service in the area to be served by the Districts; (b) The existing service in the area to be served by the Districts is inadequate for present and projected needs; (c) The Districts are capable of providing economical and sufficient service to the area within their boundaries; 15 (d) The area included in the Districts does have, and will have, the financial ability to - discharge the proposed indebtedness on a reasonable basis; (e) Adequate service is not, and will not be, available to the area through County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; (f) The facility and service standards of the Districts are compatible with the facility and service standards of County within which the Districts are to be located and each municipality which is an interested party under Section 32-1-204(1), C.R.S.; (g) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-108, C.R.S.; (h) The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area; and (i) The creation of the Districts is in the best interests of the area proposed to be served. Therefore, it is requested that the County Commissioners of Weld County, Colorado, which has jurisdiction to approve this Service Plan by virtue of Sections 32-1-204.5, C.R.S., et seq., as amended, adopt a resolution which approves this "Consolidated Service Plan for St. Vrain Lakes Metropolitan District No. 1, St. Vrain Lakes Metropolitan District No. 2, St. Vrain Lakes Metropolitan District No. 3, and St. Vrain Lakes Metropolitan District No. 4," as submitted. Respectfully submitted, WHITE, BEAR & ANKELE Professional Corporation ®RAFT By: Kristen D. Bear, Counsel to Proponents of the Districts STVRAIN\SPLANUPP1500092104 0799.0003(e) 16 EXHIBIT A Boundary Maps SH 66 • f/�/ DISTRICT 4 -N.A.P. _DISTRICT 3 DISTRICT 3— 20.50 ACRES 16.30 ACRES Ee . O N.A.P.ce i ... F- 0CC 3 ' DISTRICT 2 DISTRICT 572.19 ACRES 5.34 ACRES WCR28 (/) CC DISTRICT 1 ? 3 674.77 ACRES \_PROPERTY H BOUNDARY DISTRICT 3 6 24.43 ACRES SCALE: 1" = 1500' DISTRICT 1- RESIDENTIAL DISTRICT 2- RESIDENTIAL DISTRICT 3— COMMERCIAL/MUNICIPAL DISTRICT 4— PRIVATE Carroll & Lange St. Vrain Lakes District Area Map P6�656 165 sam Ilmm 6N6-,228 PHONE.( Cd 980-200 F 3037980-009 FIGURE VflM.cuw«i-uIIGE.COM P.\3075. SHEET 1 OF 6, PREPARED 11/01/04, REV EXHIBIT B __ Legal Descriptions EXHIBIT B-0 Overall Legal Descriptions ST. VRAIN LAKES LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF. COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00°19'19" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00°19'19" EAST, A DISTANCE OF 92.60 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491, AT PAGE 511 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 00°19'19" EAST, CONTINUING ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 2555.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING THREE (3) COURSES; 1. THENCE SOUTH 88°45'03"WEST,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25,A DISTANCE OF 514.00 FEET; 2. THENCE SOUTH 00°25'49" EAST,A DISTANCE OF 450.00 FEET; 3. THENCE NORTH 88°45'03" EAST, A DISTANCE OF 514.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 00°25'49" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 2203.83 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE SOUTH 00°14'19" EAST, ALONG THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 1325.57 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°29'41"WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 2632.27 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 00°19'03" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36 A DISTANCE OF 1326.34 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°29'44" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1323.13 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 00°17'20" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1335.11 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°21'56" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36,A DISTANCE OF 1323.94 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 89°15'43" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED IN RECEPTION NUMBER 2669206 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO (2)COURSES: 1. THENCE SOUTH 72°40'05"WEST, A DISTANCE OF 825.83 FEET; 2. THENCE SOUTH 66°34'28"WEST, A DISTANCE OF 1420.78 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35; THENCE NORTH 00°42'02" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, A DISTANCE OF 21.71 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 77°43'35" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 2395.38 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 25 THE FOLLOWING SEVEN (7) COURSES: 1.THENCE NORTH 00°01'11"WEST,A DISTANCE OF 119.70 FEET; 2.THENCE SOUTH 89°58'49"WEST, A DISTANCE OF 114.82 FEET; 3. THENCE NORTH 00°01'11" WEST, A DISTANCE OF 186.21 FEET TO A POINT OF CURVATURE; 4. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06°12'52",A RADIUS OF 3379.26 FEET AND AN ARC LENGTH OF 366.52 FEET; 5. THENCE NORTH 06°14'03"WEST, A DISTANCE OF 601.98 FEET TO A POINT OF CURVATURE; 6.THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05°11'20", A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 288.21 FEET; 7. THENCE NORTH 01°0425"WEST, A DISTANCE OF 463.45 FEET; THENCE SOUTH 88°45'13" EAST, A DISTANCE OF 82.35 FEET; THENCE NORTH 00°11'21"WEST,A DISTANCE OF 379.15 FEET; THENCE NORTH 88°08'57"EAST, A DISTANCE OF 185.82 FEET; THENCE NORTH 00°57'37"WEST,A DISTANCE OF 172.01 FEET; THENCE NORTH 82°52'03" EAST, A DISTANCE OF 590.67 FEET; THENCE NORTH 04°18'10"WEST, A DISTANCE OF 264.11 FEET; THENCE NORTH 89°31'37" EAST, A DISTANCE OF 1708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2357.64 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 89°16'34" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2655.85 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 00°15'20" EAST,ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 272.02 FEET TO THE SOUTHWEST CORNER OF LOT A, RECORDED EXEMPTION NO. 1207-36-2-RE488 AS RECORDED IN RECEPTION NUMBER 1853429 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES 1.THENCE NORTH 88°58'33" EAST, A DISTANCE OF 180.00 FEET; 2.THENCE NORTH 00°15'20"WEST,ALONG THE EASTERLY BOUNDARY OF SAID LOT A AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 272.02 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°58'33" WEST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 180.00 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER SAID SECTION 36; THENCE NORTH 00°12'43" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 2654.50 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE NORTH 00°13'07" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 518.80 FEET; THENCE NORTH 88°54'53" EAST, A DISTANCE OF 480.00 FEET; THENCE NORTH 23°22'49" EAST, A DISTANCE OF 274.74 FEET; THENCE SOUTH 88°54'53"WEST, A DISTANCE OF 590.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE NORTH 00°13'07" . WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 1795.74 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1.THENCE NORTH 88°49'38" EAST, A DISTANCE OF 30.00 FEET; 2.THENCE NORTH 43°50'07" EAST, A DISTANCE OF 70.70 FEET; 3. THENCE NORTH 88°49'43" EAST, A DISTANCE OF 1245.14 FEET TO THE NORTHWEST CORNER OF LOT A, RECORDED EXEMPTION NUMBER 1207-25-2-RE1450 AS RECORDED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE BOUNDARIES OF SAID LOT A, THE FOLLOWING FIVE (5) COURSES: 1. THENCE SOUTH 01°10'17" EAST,A DISTANCE OF 411.50 FEET; 2. THENCE NORTH 87°41'05" EAST, A DISTANCE OF 196.62 FEET; 3. THENCE NORTH 35°26'31" EAST,A DISTANCE OF 112.28 FEET; 4. THENCE NORTH 34°20'46" EAST, A DISTANCE OF 124.91 FEET; 5. THENCE NORTH 14°19'58" EAST,A DISTANCE OF 223.93 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 88°49'43" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 905.29 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491, AT PAGE 511 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER THE FOLLOWING FOUR(4) COURSES: 1.THENCE NORTH 88°49'28" EAST, A DISTANCE OF 2390.90 FEET TO A POINT OF CURVATURE; 2.THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 00°50'40",A RADIUS OF 11420.00 FEET AND AN ARC LENGTH OF 168.31 FEET; 3.THENCE SOUTH 43°43'11" EAST,A DISTANCE OF 68.87 FEET; 4. THENCE NORTH 89°59'28" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 57,266,361 SQUARE FEET OR 1314.65 ACRES, MORE OR LESS. EXCEPTING THEREFROM ALL OF LOT A, AMENDED RECORDED EXEMPTION NO. 1207- 36-2-RE1140, AS RECORDED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER BEING SUBORDINATELY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EXEMPTION, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 TO BEAR NORTH 88°58'33" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 88°58'33" WEST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1327.10 FEET; THENCE SOUTH 00°33'36" EAST, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID LOT A, SAID POINT BEING THE POINT OF BEGINNING: THENCE SOUTH 00°33'36" EAST,A DISTANCE OF 87.38 FEET; THENCE SOUTH 89°26'24"WEST,A DISTANCE OF 158.88 FEET; THENCE SOUTH 24°08'20"WEST,A DISTANCE OF 168.83 FEET; THENCE NORTH 51°30'49" WEST, A DISTANCE OF 191.03 FEET TO A POINT OF - CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 48°35'14", A RADIUS OF 80.55 FEET AND AN ARC LENGTH OF 68.31 FEET; THENCE NORTH 02°55'35"WEST, A DISTANCE OF 57.92 FEET; THENCE NORTH 88°58'33" EAST, A DISTANCE OF 409.93 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 54,666 SQUARE FEET OR 1.25 ACRES, MORE OR LESS. THE TOTAL NET AREA IS 57,211,695 SQUARE FEET OR 1,313.40 ACRES, MORE OR LESS. EXHIBIT B-1 Legal Description District No. 1 LEGAL DESCRIPTION SHEET 1 OF 2 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 TO BEAR NORTH 88'49'43" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 24'00'08" WEST, A DISTANCE OF 688.84 FEET TO A POINT ON CURVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 06'40'34", A RADIUS OF 854.00 FEET AND AN ARC LENGTH OF 99.51 FEET, THE CHORD OF WHICH BEARS SOUTH 27'29'35" WEST; THENCE SOUTH 30'49'52" WEST, A DISTANCE OF 218.55 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 28'26'26", A RADIUS OF 418.00 FEET AND AN ARC LENGTH OF 207.49 FEET, THE CHORD OF WHICH BEARS NORTH 73'40'40" WEST; THENCE NORTH 08'24'19" EAST, A DISTANCE OF 70.78 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 183'04'38", A RADIUS OF 160.00 FEET AND AN ARC LENGTH OF 511.25 FEET, THE CHORD OF WHICH BEARS NORTH 48'20'22" EAST; THENCE SOUTH 58'36'32" EAST, A DISTANCE OF 123.79 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 102,541 SQUARE FEET OR 2.354 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL & LANGE, INC. DATE Carroll & Lange Prolessional Engineers a Land Survero.s " 165 South Union BIW.,Suite 156 6 South Union Ri 80228 PHONE: 303)980,0200 FAY:(30 1980-0917 W W W.CARR0LL-LANGE.00M P'.\3075\METRO DISTRICT\DISTRICT 1 0PERATCM.DWG, SHEET 1 OF 2, PREPARED 11/2/04. REV. EXHIBIT SHEET 2 OF 2 POINT OF COMMENCEMENT BASIS OF BEARINGSNE NORTH LINE NW SEC 25T3N, R68W, NW Y4 SEC 25 R68W, 6TH PM N88'49'43""E 2625.44 _ _ L NW COR SEC 25 T3N, R68W, 6TH PM �0` cIzi cb co 0* I N .go QkA S58'36'32"E c\1 r c -' —�j— 123.79' I w to \ In ° ) .Hv N c"' 13 2 SCALE: 1" = 200' Lu 2 N 102,541 S.F.t POINT OF -1 N 2.354 AC.± BEGINNING - O IwZ ti N08'24'19"E c h0 70.78' 02 ^o ry,��' I co CURVE TABLE CURVE DELTA RADIUS LENGTH BEARING SE COR NW 1/4 Cl 06'40'34" 854.00 99.51 52729'35"W SECTION 25 C2 28'26'26" 418.00 207.49 N73'40'40"W T3N, R68W, C3 183'04'38" 160.00 511.25 N48'20'22"E 6TH PM ^ NOTE: f` Carroll sr. Lange .3 P,OlesslaMi Engineers a Land Surveyors • Denotes Change of Direction Only. This exhibit 165 Scull)Union Blvd..Suite 156 9 y Lakewood.Colorado 80228 does not repres ent t a monumented survey. It PHONE.(303)980-0200 p FAX.(303)980-0917 is intended only to depict the attached legal WOMCAPROLL-LANGE.DOM description. P:\30)5\MEMRO oIs1RICT\OIs1RICT 1 OPERA➢ON.DWG. SHEET 2 OF 2. PREPARED 11/2/04. REV. EXHIBIT B-2 Legal Description District No. 2 LEGAL DESCRIPTION LEGAL DESCRIPTION SHEET 1 of 5 A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 36 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 TO BEAR SOUTH 00'14'13" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00'14'16" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 1325.57 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 88'29'41" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 2632.25 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 00'19'03" EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF 1326.34 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 88'29'44" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1323.13 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 00'17'20" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1335.11 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88'21'56" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1323.94 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 89'15'43" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED IN RECEPTION NUMBER 2669206 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO (2) COURSES: 1. SOUTH 72'40'05" WEST, A DISTANCE OF 825.83 FEET; 2. SOUTH 66'34'28" WEST, A DISTANCE OF 1420.78 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35; THENCE NORTH 00'42'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 35, A DISTANCE OF 21.71 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 77'43'35" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 2395.38 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 25 THE FOLLOWING SIX (6) COURSES: 1. NORTH 00'01'11" WEST, A DISTANCE OF 119.70 FEET; 2. SOUTH 89'58'49" WEST, A DISTANCE OF 114.82 FEET; 3. NORTH 00'01'11" WEST, A DISTANCE OF 186.21 FEET TO A POINT OF CURVATURE; 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06'12'52", A RADIUS OF 3379.26 FEET AND AN ARC LENGTH OF 366.52 FEET; 5. NORTH 06'14'03" WEST, A DISTANCE OF 601.98 FEET TO A POINT OF CURVATURE; 6. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05'11'20", A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 288.21 ` Carroll & Lange Prolessional Engineers 6 Land Surveyors \, 1055000,UnColor Blvd.,8022 Suite 156 PHONE: 3031960-00220 PNONE 13031900.0200 FNf.(30311900-0911 W W W.f.AFROLL-IANGE.COM P:\3075\METRO DISIRICT\DISTRICT 2 RESIDENTNL.ONC. SNEET 1 OF 5, PREPARED 11/2/04., REV. LEGAL DESCRIPTION SHEET 2 OF 5 THENCE SOUTH 76'34'54" EAST A DISTANCE OF 97.86 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 52'34'19", A RADIUS OF 240.00 FEET AND AN ARC LENGTH OF 220.21 FEET, THE CHORD OF WHICH BEARS NORTH 36'35'50" EAST; THENCE NORTH 62'52'59" EAST A DISTANCE OF 226.48 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08'36'34", A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 120.21 FEET; THENCE NORTH 54'16'25" EAST A DISTANCE OF 115.47 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 30'01'59", A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 419.34 FEET; THENCE NORTH 84'18'24" EAST A DISTANCE OF 132.31 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 22'28'51", A RADIUS OF 600.00 FEET AND AN ARC LENGTH OF 235.42 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTH 26'53'04" WEST A DISTANCE OF 211.58 FEET; THENCE NORTH 18'12'08" WEST A DISTANCE OF 196.12 FEET; THENCE NORTH 06'58'06" WEST A DISTANCE OF 202.00 FEET; THENCE NORTH 02'12'09" EAST A DISTANCE OF 283.91 FEET; THENCE NORTH 89'31'37" EAST A DISTANCE OF 1333.34 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 00'42'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2357.64 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 89'16'34" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2655.85 FEET TO THE NORTHWEST CORNER OF SECTION 36; THENCE NORTH 88'58'33" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 36, A DISTANCE OF 1338.83 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16'39'38", A RADIUS OF 1500.00 FEET AND AN ARC LENGTH OF 436.18 FEET; THENCE NORTH 7218'54" EAST A DISTANCE OF 936.85 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13'33'53", A RADIUS OF 1100.00 FEET AND AN ARC LENGTH OF 260.42 FEET; THENCE NORTH 85'52'47" EAST A DISTANCE OF 101.87 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 3317'47", A RADIUS OF 400.00 FEET AND AN ARC LENGTH OF 232.45 FEET; THENCE SOUTH 60'49'25" EAST A DISTANCE OF 194.84 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 30'39'44", A RADIUS OF 1600.00 FEET AND AN ARC LENGTH OF 856.25 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH 88'30'51" EAST, ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 36, A DISTANCE OF 1044.02 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 29,491,219 SQUARE FEET OR 677.025 ACRES, MORE OR LESS. EXCEPTING THEREFROM ALL OF LOT A, AMENDED RECORDED EXEMPTION NO. 1207-36-2-RE1140, AS RECORDED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER BEING SUBORDINATELY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EXEMPTION, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 TO BEAR NORTH 88'58'33" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; Carroll st. Lange Prolessional Engineers&Land Surveyors f 911%\, Lakewood.a55oNe Colorado a 158 165S 03) 80228 980-0200PHONE,(303) WWJI W (303)9&0-0I-91] DARROLLVIGE.COM P:\3075\METRO DISTRICT\DISTRICT 2 RESIDENIIALDWG, SHEET 2 OF 5. PREPARED 11/2/04, REV. LEGAL DESCRIPTION SHEET 3 OF 5 THENCE SOUTH 88'58'33" WEST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1327.10 FEET; THENCE SOUTH 00'33'36" EAST, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID LOT A, SAID POINT BEING THE POINT OF BEGINNING: THENCE SOUTH 00'33'36" EAST, A DISTANCE OF 87.38 FEET; THENCE SOUTH 89'26'24" WEST, A DISTANCE OF 158.88 FEET; THENCE SOUTH 24'08'20" WEST, A DISTANCE OF 168.83 FEET; THENCE NORTH 51'30'49" WEST, A DISTANCE OF 191.03 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 48'35'14", A RADIUS OF 80.55 FEET AND AN ARC LENGTH OF 68.31 FEET; THENCE NORTH 02'55'35" WEST, A DISTANCE OF 57.92 FEET; THENCE NORTH 88'58'33" EAST, A DISTANCE OF 409.93 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 54,666 SQUARE FEET OR 1.25.ACRES, MORE OR LESS. ALSO EXCEPTING THEREFROM ALL OF LOT A, RECORDED EXEMPTION NO. 1207-36-2-RE488, AS RECORDED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER BEING SUBORDINATELY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36 TO BEAR NORTH 88'58'33" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00'15'20" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING: THENCE NORTH 88'58'33" EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 00'15'20" EAST, A DISTANCE OF 242.02 FEET; THENCE SOUTH 88'58'33" WEST, A DISTANCE OF 180.00 FEET; THENCE NORTH 00'15'20" WEST, A DISTANCE OF 242.02 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 43,559 SQUARE FEET OR 1.00 ACRES, MORE OR LESS. THE TOTAL NET AREA IS 29,392,994 SQUARE FEET OR 674.770 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL & LANGE, INC. DATE �\ Carroll a. Lange Professional Engineers&Land Swveyws Lak South Union ColoradoBNEL,90 Sulfa 156 LNE d.(303)980-0200 20028 PHONE:(33)980,0910200 FM: .CAR990-091] WWW.GPAP0LL-UHGEC0M P:\30]5\METR0 DISTRICT\DISTRICT 2 RESIDENTIALDWG, SHEET 3 OF 5, PREPARED 11/2/04, REV. EXHIBIT SHEET 4 OF 5 SW 1/4 SE 1/4 I I I I I I EXCEPTION POINT OF 6.8858'33"E C0 L13 C9 COMMENCEMENT r 409.93' 05 2+y FOUNw ND 3 W 6Th ALUM M SEC 36 6.8838'33"E 180.00' / wq�3•36"E Nj2,85d E 9� C/0 CAP PLS 15482 6.887873"E 1338.8]'1/( C7 1327.10' 0 — _ 6.8850'51'E 1044.02' .� 585' — NE NT OF BEGINING :C 35 5001520"E 6.0255'35"W NORM LINE NW I/O SEC J6 COMMENCEMENT E POINT OF NORM UNITE I/4 SEC J6 NE CUR SEC 36 FP310N 30.00' 57.92' POINT ON N i3N, RfiBW. 8TH PIA POINT OF BEGINNING SEC 36 n FIND 2" ALUM CAP NT OF BEGINNING ` 6.48'35'14" TJN, R68W. 6TH PM ry LS 23500 N0015'20"W 242.02' 3 9400.55' 158.88' FOUND 2" ALUM CAP 58926'24"W, r ry L-85.31' LS 28273 EXCEPTION - LOT A. 5247)020'W 16&8]' RECORDED EXEMPTION in r LHB-11271 EXCEPTION - LOT A. AMENDED I - NO. 1207-36-2-RE488 §n N51.30'49'W. 191.03' RECORDED EXEMPTION O 1.00 ACRE x NO. 1207-J6-2-REu40 6.88'58']3"E 180.00' 1.25 ACRES (� nul WNT �W W NV , 4116. ''4 58829'41 W 2632.25' •— n l".,, H' NW 1/4 1,,,,* SW COR SOWN UNE N l/2 NE I/a NI/2 I COI., Ill W N1/2 ifl 2� Ill N! NE 1/4 SEC 364IJq•- =��A I "` NE 1/4 W p N IDN ( I I 29.392.994 S.F.t 674.770 ACRES ;N, I I-Li on 5$829'08'W 2648.37' SOUIM LINE NW 1/4 SEC J6 SE COR NE Y SEC 35 Sw COR 5882 W 9'41 1323.13' SW CUR8N 6111 SEC 38 SE COR NE k SEC 36 Pm T3N, 9889, 6Th PM TJN, R689, 6111 PM SE 1/4 FOUND 3 IC ALUM CAP NO MONUMENT FOUND FOUND 3 IV ALUM CAP NW 1/4 . LS 14815 15 }}p42 S" ]6 N SEC 36 In _ LINE TABLE I I LINE LENGTH BEARING I L12 283.95 NO2'12'09'E 11 I O L13 16487 n85.62.47'E .- L14 194.84 $66V9.29'E I 58915436 ___Z__ CURVE TABLE F 522.99' SSE C 1/4 58821'56"W 1323.94 SW 1/4 SEC 36 CURVE DELTA RADIUS LENGTH BEARING iotaNE GDR C7 16'n38' 1506.60 43.10 ./ 03IN'E ,9,505 SE LV 1/4 SW 1 4 I C69 13•3753. ]•I)47 4mm 23z2..45 579'0511%f >•a ev I 8 SEC 15 I / 1 CIO 36'39'44" 1606.00 85625 S76.69'17'E J I I 1 SCALE: 1" = 1000' - ___L- - - - _ _ _ SW CUR SE 1/4 SEC 36 SE COR SEC 36 SW COR SEC 36 T3N, R686. 6TH PM T3N. 96812 631 PM T3N, R68W, 8TH PY FOUND 3$" ALUM CAP FOUND 2 A- ALUM CAP FOUND 3 Y" ALUM CAP LS 7242 L5 28556 _ PIS 18462 Carroll sr. Lange NOTE: ,\ Professional Engineers&Land Surveyors • Denotes Change of Direction Only. This exhibit 165 soon Union Blvd..Sul('156 g 1as8woad.Colorado 80226 does not repres ent t a monumented survey. PHONe(303)980-0200 P It FAX:(303)980-0917 is intended only to depict the attached legal WwW.cAPROLL-LANGE.COM description. P:\3075\METRO DISTRICT\DISTRICT 2 RESIDEN➢ALDWG. SHEET 4 OF 5, PREPARED 11/2/04, REV EXHIBIT K SHEET 5 OF 5 I _C_ I I I EXCEPTION POINT OF SCALE: 1" = 1000'i, NWCCO CC CEMENT T3 COR NE SEC }5 N W, P6 SEC 36 NBB38' - TON, R68W. 6Th PM TON,D 3 6TH PM FOUND 3 V ALUM CAP FOUND 3 V ALUM PLS 27936 N09'16'34"E 2655.85' CAP PLS 18482 NBB'31 NW LOR SEC 35 NORTH LINE NE 1/4 SEC JS SOOTS'20"E NO2'5: T3N, R68W, 6TH PM — LINE TABLE EXCFPTNXI 30.00' 57 FOUND 3 A' ALUM CAP LINE -LENGTH BEARING POINT OF BEGINNING b PLS 18482 LI 119.83 Mv19II V N001 5'20"W 242.02' 3 R� LL V NA83 580 0011'00 EXCEPTION - LOT A. r 2 L� L3 Ie598 -Nw'm'59'V O. 1207-3 EXEMPT-2-RE ON n 'O LB 641.98 MObl3'5PV NO. 120.00 ACRE-RE4B8 §p NI LS 96.46 5]6'12'392 L6 226.48 M62'9Y39•E I.OD z i - 1.7 IIS47 N54'16'276 V U 1288'5833"E 180.00' Le 132.31 N84'1C24'E h 14b I L9 21118 14269Y44'W 114 1%.12 NIB'IT48'V ry Nn 611 242.00 M46'SB'06'V 3 1l1 L12 283.91 N42•I2.09•E p 2 o NE 1/4 Y/ iv JYI- CURVE TABLE `g CURVE DELTA RADIUS LENGTH BEARING z i W z CI 6'12'52' 3319.26 36632 1033117.25.Ww C2 31305' 318241 V133 124'3v18'E C3 52'34'19' 24600 22021 ;3635"A•V 29 C9 4'36'34' 80100 12621 1458'34'42'E 6 //� C] 36'0r59' 80000 419.34 3691725'Wi V/ C6 22'2651' 60300 235,42 87703'YYE N89'31'3YE 1333.34' w LLI N SW COP NE Y4 SEC 35 SE COP NE Y SEC 35 LOP NW Y SEC—35— T3N, R68W. 8TH PM FOUND T3N, R68W. 6111 PM O 3, R W. 6TH PM FOUND 3 V ALUM CAP FOUND 3 V ALUM CAP $' ALUM CAP 0 LS 7242 LS 33042 PLS 18482 Co SEC 35 LB II I C J C5 I I I� y I c6 I I 3 589'15'43"W SE L \ 1 4 522.99' ki. SW 1/4 / NE COP 5881 in 4 ea S Sl2 EW 1/4I I J I tiy01€ SEL 351 III �eW 15 SA }A I NOD'421)21Y VIII L2 9Ti T2 q 2395.12 21.71' _ - --L-- SW COW SE 74 SEC 35 SW COP SEC 36 SW CO2 SW 1.'. SEC 35 T3N, R68W, 8TH PM T3N. R68W. 6TH PM Ti8, R68W, 601 PM FOUND 3 f ALUM CAP FOUND 3 Y" ALUM CAP NO MONUMENT FOUND PLS 10740 R5 18482 Carroll & Lange NOTE: ,\ PI01883ional Engineer&Land Surveyors • g Denotes Change of Direction Only. This exhibit 16556110.Union 8NNd..Smile 156 PHONE-1303)d. 960-do 80228 does not represent a mOnUmen ted survey. It PHONE- (33)980-0917 is intended only to depict the attached legal WWW.CARROLL-LANGE.COM description. R\30]5\MEIRO DISTRICT\DISTRICT 2 RESIDENTAL.DWG, SHEET 5 OF 5, PREPARED 11/2/04, REV. EXHIBIT B-3 Legal Description District No. 3 LEGAL DESCRIPTION LEGAL DESCRIPTION SHEET 1 OF 4 A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00'19'19" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00'19'19" EAST, ALONG THE EAST LINE OF THE NORTHEAST OUARTER OF SAID SECTION 25, A DISTANCE OF 706.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'19'19" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 1940.93 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 88'45'03" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID-SECTION 25 A DISTANCE OF 514.00 FEET; THENCE SOUTH 00'25'49" EAST, A DISTANCE OF 450.00 FEET; THENCE NORTH 88'45'03" EAST, A DISTANCE OF 149.04 FEET; THENCE SOUTH 01'14'57" EAST, A DISTANCE OF 133.39 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 150'53'56", A RADIUS OF 150.00 FEET AND AN ARC LENGTH OF 395.05 FEET, THE CHORD OF WHICH BEARS SOUTH 35'24'33" WEST; THENCE SOUTH 89'34'11" WEST, A DISTANCE OF 77.23 FEET; THENCE SOUTH 00'25'49" EAST, A DISTANCE OF 166.73 FEET; THENCE NORTH 89'34'11" EAST, A DISTANCE OF 610.27 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 00'25'49" EAST, ALONG SAID EAST LINE, A DISTANCE OF 1663.11 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 88'30'51" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 1044.02 FEET TO A POINT OF CURVATURE: THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 30'39'44", A RADIUS OF 1600.00 FEET AND AN ARC LENGTH OF 856.25 FEET; THENCE NORTH 60'49'25" WEST, A DISTANCE OF 194.84 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 33'17'47", A RADIUS OF 400.00 FEET AND AN ARC LENGTH OF 232.45 FEET; THENCE SOUTH 85'52'47" WEST, A DISTANCE OF 101.87 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13'33'53", A RADIUS OF 1100.00 FEET AND AN ARC LENGTH OF 260.42 FEET; THENCE SOUTH 72'18'54" WEST, A DISTANCE OF 936.85 FEET TO A POINT OF CURVATURE: THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16'39'38", A RADIUS OF 1500.00 FEET AND AN ARC LENGTH OF 436.18 FEET, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTH 88'58'33" WEST, ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 25, A DISTANCE OF 1338.83 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 25; THENCE NORTH 00'12'43" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 25, A DISTANCE OF 2654.50 FEET, TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 25; THENCE NORTH 00'13'07" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 1982.94 FEET; r` Carroll & Lange NO*5dnrL Engineers 6 Land Surveyors %14 165 Soon Union Blvd.,Suite 156 PHN .( Colorado 80228 FAX, Lakewood. 980-0200 (303)AR990-096I W WW.CARRIXL-LArvGE.00M P:\3075\METR0 DISTRICT\OISTRICT 3 RE510ENTIALDWC. SHEET 1 OF 4, PREPARED 10/27/04, REV. LEGAL DESCRIPTION SHEET 2 OF 4 THENCE SOUTH 89'29'32" EAST, A DISTANCE OF 241.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 04'04'53", A RADIUS OF 700.00 FEET AND AN ARC LENGTH OF 49.86 FEET; THENCE NORTH 86'25'34" EAST, A DISTANCE OF 113.93 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21'38'17", A RADIUS OF 650.00 FEET AND AN ARC LENGTH OF 245.48 FEET; THENCE SOUTH 71'56'09" EAST, A DISTANCE OF 91.01 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20'38'57", A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF 180.20 FEET; THENCE NORTH 87'24'54" EAST, A DISTANCE OF 403.49 FEET; THENCE NORTH 01'43'25" WEST, A DISTANCE OF 305.38 FEET; THENCE NORTH 88'16'35" EAST, A DISTANCE OF 24.89 FEET; THENCE NORTH 87'41'05" EAST, A DISTANCE OF 196.62 FEET; THENCE NORTH 34'51'54" EAST, A DISTANCE OF 237.18 FEET; THENCE NORTH 14'19'58" EAST, A DISTANCE OF 223.93 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 THE FOLLOWING TWO (2) COURSES; 1) NORTH 88'49'43" EAST, A DISTANCE OF 905.29 FEET; 2) NORTH 88'49'28" EAST, A DISTANCE OF 1600.25 FEET; THENCE SOUTH 01'17'38" EAST, A DISTANCE OF 721.43 FEET; THENCE SOUTH 88'56'10" EAST, A DISTANCE OF 154.98 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10'07'51", A RADIUS OF 700.00 FEET AND AN ARC LENGTH OF 123.77 FEET; THENCE NORTH 80'55'59" EAST, A DISTANCE OF 389.28 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09'03'52", A RADIUS OF 700.00 FEET AND AN ARC LENGTH OF 110.74 FEET; THENCE NORTH 89'59'51" EAST, A DISTANCE OF 250.58 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 25,058,264 SQUARE FEET OR 575.258 ACRES, MORE OR LESS. EXCEPTING THEREFROM A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 TO BEAR NORTH 88'49'43" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 24'00'08" WEST, A DISTANCE OF 688.84 FEET TO A POINT ON CURVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; .4% Carroll& Lange Prolessional Enwneen 8 lane Surveyors er La5WN Union Met.8028 156 Lakewood.HON: 980-80018 PHONE:(303)980.0917 0 0-0200 Felt ,CAAROLL-UW `MNY.GflROLL-UNGE COM P:\3075\METRO DISTRICT\DISTRICT 3 RESIOENRAL.DWG, SHEET 2 OF 4, PREPARED 10/27/04, REV. LEGAL DESCRIPTION SHEET 3 OF 4 THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 06'40'34", A RADIUS OF 854.00 FEET AND AN ARC LENGTH OF 99.51 FEET, THE CHORD OF WHICH BEARS SOUTH 27'29'35" WEST; THENCE SOUTH 30'49'52" WEST, A DISTANCE OF 218.55 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 28'26'26", A RADIUS OF 418.00 FEET AND AN ARC LENGTH OF 207.49 FEET, THE CHORD OF WHICH BEARS NORTH 73'40'41" WEST; THENCE NORTH 08'24'19" EAST, A DISTANCE OF 70.78 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 183'04'38", A RADIUS OF 160.00 FEET AND AN ARC LENGTH OF 511.25 FEET, THE CHORD OF WHICH BEARS NORTH 48'20'22" EAST; THENCE SOUTH 58'36'32" EAST, A DISTANCE OF 123.79 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 102,541 SQUARE FEET OR 2.354 ACRES, MORE OR LESS. THE TOTAL NET AREA IS 24,955,723 SQUARE FEET OR 572.904 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL Sc LANGE, INC. DATE Carroll & Lange 2 Prolesslonel Enpiroers&Land$ungvs \ A 185Coiardo 80$28 i5fi Lakewood.NE.(,Colorado 80228 PHONE.(308)980-0200 FM:(303)980-0911 V WW.CAPROLL-IANGE.COM Pt\3075\METRO DISTRICT\DISTRICT 3 RESIOENOAEOWG, SHEET 3 OF ♦, PREPARED 10/27/04, REV. EXHIBIT SHEET 4 OF 4 7M CPI SEC 25 NE 004 NM.9 SEC]5 ]N.0661 5M PM 1501.0660.0M PM M 21{•ALUM C'1 xdM MC NW 0/6 SEC 25 NP 3 7 AURA C]1 55 4V26Y 252651 IS I� 2]6 — 468S3-2"1.7.', 6VFVUt H] Ls 13139 xPIM VIf xE I]x 4�[]L N—'49'43% 0488'69'29 Ev. POINT OF LON4ENCENENi 905.29' 1600.23' $ N[0011 Ac 2s es IN 1304.Rem..6M PM f r fxo NO.6 REI A L12 ( e so w L13 NBO.53'59'E 6I • Li C>g Clie.. 9389.2010 Li]AA• CS L10 n 1 1616 O POINT BEGINNING o` _1 012 EXCEPTION PARCEL' CURVE TABLE Mn12 102.541 Sit n ; CURVE DELTA RADIUS LENGTH BEARING p,;,1 CI I50.53'36' 15000 39105 525'24'33W See 2.354 ACRES c2 30'39'44' 1600.00 03625 1476.09.17,/1476.09.17,/ . g M; W ^ iC3 C4 13'3392• 110000 262.42 579.05'51•1 317472 40103 232.45 147712EIrd ^\ p 11�8^ a. CS 16.39'301 150090 13616 S00'3W429J beV i1 3i O1 '4i CO 0).01'350 JWM 49.86 X00'20'01'[ ,,,3"4 a 8 - Y CO 22111']9 s�' 1OOOO 26eo.25 cei »•c 33 C9 10'0]91 ]0100 123.]1 Ne5s941E 3 N 010 09'1P32' 30116 110.]6 5022715'E 8 C11 46.4534' 054.0 9951 N2T29'J3'E CIE 20.26'26• 610.0) 20769 2173.4.0.40%f .4-4H- PARCEL Cu 1B3•04'39.OVERALL C 24306'] 162.00 Suds 56e'2v22v L]6 CL • 572.187 ACRES I S293'45.03-9/ 1102114 LINE SW 1/6 SEC]3 MP11N LINE A 0/4 SEC 25 514.09 — — — ~—vACPI 045.435[]5 — 0A CPI 11W SEC 25 1.6 155A.6M PM SW COS NM A SEC 25 1.8651.6M PM T O p No]•A di AP M6 Tx. 61 5M fM I 150 R0 POMO MCMNFIIT L5 235[0 PM 11E ALUM CAP N S R L5 26273 l5 LI LINE TABLE LINE T 149LENGTH BEARING 11 1313904 040014571 L2 1]339 501'1692 L3 L] 7723 509'36'11.1 L4 166.]] 30023'645I 1.5 194.94 M0v425'W ^ 0489'3411"E L6 10101 25591404 610.22' n L] 2LL422'5 1eY III\///JJIIIj��`�I B 1139236 166'21'34t 309.2 I I. V' n :,II L9 9601 0]196'190 - 110 403.49 X0]24944 b L11 30138 X01'6123.1 a n 0.12 2609 1.1139•16154w 1 \ ? ":- 612 196.62 X07•61932 9 1 g N 616 22718 5361116'5 1 J 1.15223.9] 0416.1458'5 p 3C 616 154.90 n L1] 25058 1.11939'31'E I LIE 21155 1430.4912-Eu N LP) 70.70 35.•2.•19.1 I SCALE: 1" = 1OOO1 § L20 12179 50014.301 L6 L6 `(J gag 046 S12yp56I • V C 58810'51'W 1066.02' 58818'33 W 1338.83' CS_ _ �A=SEA=25 SOUM U1[SW 1/6 AC]5 ACM SR A AC 25 SOUTH UK A9/4 AC 25 1X 0501 5M R1 e CM SW e AC 25 40513213-W 20610]• T3M.0550).6M PM 5569P51Y 16M.0Y no 2-ALUM CAP 1501 0554.AIM PM MP 7 ALUM CM L9 23900 PPRO 3 A'ALUM CM L9]04]3 R3'5442 _` Carroll & Lange NOW, ,\ P001064tl i Engineers a Lind SUneyws Denotes Change of Direction Only. This exhibit 185 South Union Blvd..Suite 156 g Lakewood.Colorado 80226 does not repres ent t a monumented survey. It PHONE:(3031980-0200 p FAX:(303)980-0911 is intended only to depict the attached legal WWW.CARRULL-LANGECOM description. P:\3075\METRO OISIRICT\DISTRICT 3 RESIOENTIALOWC. SHEET 4 OF 4• PREPARED 10/2]/04, REV. EXHIBIT B-4 Legal Description District No. 4 LEGAL DESCRIPTION SHEET 1 of 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 35 AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35 TO BEAR NORTH 89'16'22" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO;THENCE SOUTH 64'41'08" WEST, A DISTANCE OF 1290.56 FEET TO A POINT ON CURVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 22'28'51", A RADIUS OF 600.00 FEET AND AN ARC LENGTH OF 235.42 FEET, THE CHORD OF WHICH BEARS SOUTH 73'03'59" WEST; THENCE SOUTH 84'18'24" WEST, A DISTANCE OF 132.31 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 30'01'59", A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 419.34 FEET; THENCE SOUTH 54'16'25" WEST, A DISTANCE OF 115.47 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08'36'34", A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 120.21 FEET; THENCE SOUTH 62'52'59" WEST, A DISTANCE OF 226.48 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 52'34'19". A RADIUS OF 240.00 FEET AND AN ARC LENGTH OF 220.21 FEET; THENCE NORTH 76'34'54" WEST, A DISTANCE OF 97.86 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 25 THE FOLLOWING TWO (2) COURSES: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE • OF 01'58'15", A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 109.47 FEET; 2. NORTH 01'04'13" WEST, A DISTANCE OF 464.17 FEET; THENCE SOUTH 88'31'13" EAST, A DISTANCE OF 82.26 FEET; THENCE NORTH 00'11'21" WEST, A DISTANCE OF 379.15 FEET; THENCE NORTH 88'08'57" EAST, A DISTANCE OF 185.82 FEET; THENCE NORTH 00'57'37" WEST, A DISTANCE OF 172.01 FEET; THENCE NORTH 82'52'03" EAST, A DISTANCE OF 590.67 FEET; THENCE NORTH 04'18'10" WEST, A DISTANCE OF 264.11 FEET; THENCE NORTH 89'31'37" EAST, A DISTANCE OF 374.84 FEET; THENCE SOUTH 02'12'09" WEST, A DISTANCE OF 283.91 FEET; THENCE SOUTH 06'58'06" EAST, A DISTANCE OF 202.00 FEET; THENCE SOUTH 18'12'08" EAST, A DISTANCE OF 196.12 FEET; THENCE SOUTH 26'53'04" EAST, A DISTANCE OF 211.58 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1,064.266 SQUARE FEET OR 24.432 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL & LANGE. INC. DATE ,\ Carroll & Lange Prolessio,ul Engine's 8 Land Surveyors " L South Union 8.Suds 156 Lakewood.H . Colorado) 80226 PHONE. 909FAX WNW(303)980-0917A O WW W.CMFOLL-IANGE.COM P:\3075\DISTRICT LEGALS\DISTRICT 4 5W(1).OW0, SHEET 1 OF 2. PREPARED 10/27/04. REV. EXHIBIT SHEET 2 OF 2 NW 1/4. SEC. 35 N89'31'37"E POINT OF COMMENCEMENT 374.84' NE COR SW 1/4 SEC 35 NO418.10"W, 264.11' 502'12'09"W FOUND 3 1/4" ALUM. 283.91' CAP PLS 7472 N82.52'03"E N. LINE. SW 7/4. SEC. 35 590.67 N89N8916'271'2 2649.87' -NW COR., SW 1/4, SEC. 35 BASIS OF BEARINGS FOUND 3 1/4" ALUM. CAP N00"57'37"W, 172.01' SO6'58'06"E PLS 18482 202.00' g056 N88'08'57"E, 185.82' 518'12'08"E 12 588'31'13"E 82.26' N0011'21"W, 379.15' 196.12' 5644]08 W 1,064,266 S.F.± 526'53'04"E 24.432 ACRES 211.58' POINT OF BEGINNING NO1'04'13"W 464.17' C 584'18'24"W 132.31' O 554'16'25"W 115.47' LO p 562'52'59"W 226.48' I 0G SW 1/4, SEC. 35 SI N76'34'54"W 97.86' h — 1 et 7i — tin N W Li to N to of CURVE TABLE (11`I'111IIII - - I CURVE DELTA RADIUS LENGTH BEARING i5 t 3 CI 22'28'51" 600.00 235.42 573'03'59"W rc W? C2 30'01'59" 800.00 419.34 56917'25"W i 2hI C3 08'36'34" 800.00 120.21 558'34'42"W —C— o C4 52'34'19" 240.00 220.21 536'35'50"W I C5 01'58'15" 3182.41 109.47 NO2'01'38"W ___ _ SCALE: 1" = 500'LSW COR SEC 35 S. 12. SW 7/4, SEC. JS SE COR SW 1/4 SEC 35 FND. 3 1/4" ALUM. CAP N8971'54"E 2538.37' FOUND 3 1/4" ALUM. CAP PLS 10734, 1999 PLS 10740 NOTE: , Carroll & Lange Professional Engineers&Land Surveyors • Denotes Change of Direction Only. This exhibit i 165 Soule Union Blvd..Sole 156 Lakewood.Colorado 60228 does not represent a monumented survey. It FPHDNE.(303)960-0200 is intended only to depict the attached legal I :µ.ROLL-LANGE CGM description. P:\3075\DISTRICT LECALS\DISIRICr 4 SW(1).DWG, SHEET 2 OF 2. PREPARED 10/27/04, REV. LEGAL DESCRIPTION SHEET 1 OF 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 TO BEAR NORTH 88'49'43" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00'13'07" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 90.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 THE FOLLOWING THREE (3) COURSES; 1) NORTH 88'49'38" EAST, A DISTANCE OF 30.00 FEET; 2) NORTH 43'50'07" EAST, A DISTANCE OF 70.70 FEET; 3) NORTH 88'49'43" EAST, A DISTANCE OF 1245.14 FEET; THENCE SOUTH 01'10'17" EAST, A DISTANCE OF 411.50 FEET; THENCE SOUTH 88'16'35" WEST, A DISTANCE OF 24.89 FEET; THENCE SOUTH 01'43'25" EAST, A DISTANCE OF 305.38 FEET; THENCE SOUTH 87'24'54" WEST, A DISTANCE OF 403.49 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 20'38'57", A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF 180.20 FEET; THENCE NORTH 71'56'09" WEST, A DISTANCE OF 91.01 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 21'38'17", A RADIUS OF 650.00 FEET AND AN ARC LENGTH OF 245.48 FEET; THENCE SOUTH 86'25'34" WEST, A DISTANCE OF 113.93 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04'04'53", A RADIUS OF 700.00 FEET AND AN ARC LENGTH OF 49.86 FEET; THENCE NORTH 89'29'32" .WEST, A DISTANCE OF 241.54 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE NORTH 00'13'07" WEST, ALONG SAID WEST LINE, A DISTANCE OF 581.71 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 892,819 SQUARE FEET OR 20.496 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL & LANGE, INC. DATE Or IS Carroll a. Lange Professional Engineers&Land Surveyors %L 165 tColor 6 156 Lakewood. P : Colorado 2002928 PHONE (3 3)980-0200 ri°Ar(.43C?244FCLATIGE.0014M P:\30)5\MEMO DISTRICT\DISTRICT 4 NW(2).DWD, SHEET 1 OF 2. PREPARED 11/2/04. REV. EXHIBIT SHEET 2 OF 2 POINT OF HIGHWAY 66 COMMENCEMENT BASIS OF BEARINGS NW COR SEC 25 NORTH LINE NW f SEC 25 T3N, R68W, 6TH PM N88'49'43" 2625.44' — _ 2088"49'43"E 1245.14' •w NE COP NW %a SEC 25. 500'13'07"E 90.00" 713N—, R68W, 6TH PM N43'50'07"E POINT OF 3k 70.70' BEGINNING o N88'49'38"E o a ro 30.00' N ^o 892.819 S.F.t ' vii 20.496 AC.* 588'16'35"W o z 24.89' • / •• • C2 �S01'43'25"E C3 • N89'29'32"W 241.54')/ • '\ / CI—.587'24'54"W 305.38' L403.49' S86'25.34”W N71'56'09"W 113• .93' 91.01' N `I- ca W CURVE TABLE co c— CURVE DELTA RADIUS LENGTH BEARING 3^ Cl 20'38'57" 500.00 180.20 2082'15'37"W 2p C2 21'38'17" 650.00 245.48 N82'45'17"W lo 2'") C3 04'04'53" 700.00 49.86 588'28'01"W RIaI 3 (4 I N LI _0— SW COP SCALE: 1" = 500' NW 1/4 SECTION 25 NOTE. ,` Carroll &. Lange Professional Engineers&Land Surveyors • Denotes Change of Direction Only. This exhibit 165 South Union Blvd..Suite 156 Lakewood.Colorado 80228 does not represent a monumented survey. It PHONE:(303)980-0200 P is intended only to depict the attached legal WWW.CARROLL-LANGE.COM description. P:\30)5\MErR0 OISmICT\oI5mtCT 4 NW(2).OWG, SHEET 2 OF 2. PREPARED 11/2/04. REV LEGAL DESCRIPTION SHEET 1 OF 2 • LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00'19'19" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00'19'19" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 92.60 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491, AT PAGE 511 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'19'19" EAST, ALONG SAID EAST LINE, A DISTANCE OF 614.07 FEET; THENCE SOUTH 89'59'51" WEST, A DISTANCE OF 250.58 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09'03'52", A RADIUS OF 700.00 FEET AND AN ARC LENGTH OF 110.74 FEET; THENCE SOUTH 80'55'59" WEST, A DISTANCE OF 389.28 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10'07'51", A RADIUS OF 700.00 FEET AND AN ARC LENGTH OF 123.77 FEET; THENCE NORTH 88'56'10" WEST, A DISTANCE OF 154.98 FEET; THENCE NORTH 01'17'38" WEST, A DISTANCE OF 721.43 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID HIGHWAY 66; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 THE FOLLOWING FOUR (4) COURSES: 1. NORTH 88'49'28" EAST, A DISTANCE OF 790.65 FEET TO A POINT OF CURVATURE; 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 00'50'40", A RADIUS OF 11,420.00 FEET AND AN ARC LENGTH OF 168.31 FEET TO A POINT OF NON-TANGENCY; 3. SOUTH 43'43'11" EAST, A DISTANCE OF 68.87 FEET; 4. NORTH 89'59'28" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 710,272 SQUARE FEET OR 16.305 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL & LANGE, INC. DATE Carroll &. Lange Prolesslonal Engineers 8 Land Surveyors 165 Soul.Union Blvd.,228 156 165akewood.(3 3)980-60226 F :(3: 30 80-06-0200 FPS .CAR 0LL-L ] WW W.LARR0LL-IANGE.00M P:\30]5\METR0 D15TRICT\DISTRICT 4 NE(3).DNC. SHEET 1 OF 2, PREPARED 11/2/04, REV. EXHIBIT SHEET 2 OF 2 POINT OF COMMENCEMENT A=00'50'40" NE SEC 25 HIGHWAY 66 R=1141420.001 T3 , R P f// 6TH PM NW COR NE Y4 SEC 25 NORTH LINE NE j SEC 25 L=168.31' T3N, R68W, 6TH PM N88'49'28"E 2636.61_ _ S0079'19"E 0 — — • N88'49'28"E 790.65' 92.60' S43'43'11"E POINT OF 68.87' u' BEGINNING N89'59'28"E - ^o 00 30.00' °f 6 I'3 710,272 S.F.± o ro 16.305 AC.± o C1 Z C2 • 559"W N88'56'10"W-// 5g0389.28' 589'59'51"W 154.98' 250.58' h n CURVE TABLE m 0 o CURVE DELTA RADIUS LENGTH BEARING Lu z o ct Cl 09'03'52" 700.00 110.74 585'27'55"W —r" W N 02 10'07'51" 700.00 123.77 S85'59'54"W 2 W m W °'O Z !I-a' cr) m2 O I WLluj K SE COR., NE 1/4, SECTION 25 SCALE: 1" = 500' N TE: Carroll & Lange \ Prolesaional Engineers&Land Surveyors • Denotes Change of Direction Only. This exhibit 165 South Onion Blvd. Suite 156 Lakewood.Colorado 80228 does not represent a monumented survey. It / PHONE:(33)980-0200 is intended only to depict the attached legal FWWW.CAPROBLlLANOE.COM description. P:\3075\METRO DISTRICT\DISTRICT 4 NE(3).DMC, SHEET 2 OF 2. PREPARED 11/2/04, REV. • LEGAL DESCRIPTION SHEET 1 OF 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00'25'49" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE CONTINUING SOUTH 00'25'49" EAST, ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 25, A DISTANCE OF 450.00 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'25'49" EAST, ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 540.73 FEET; THENCE SOUTH 89'34'11" WEST, A DISTANCE OF 610.27 FEET; THENCE NORTH 00'25'49" WEST, A DISTANCE OF 166.73 FEET; THENCE NORTH 89'34'11" EAST, A DISTANCE OF 77.23 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 150'53'56", A RADIUS OF 150.00 FEET AND AN ARC LENGTH OF 395.05 FEET, THE CHORD OF WHICH BEARS NORTH 35'24'33" EAST; THENCE NORTH 01'14'57" WEST, A DISTANCE OF 133.39 FEET; TO A POINT ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER THENCE NORTH 88'45'03" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 364.96 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 232,557 SQUARE FEET OR 5.338 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR. A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. HESSELBACH, JR, P.L.S. 25369 FOR AND ON BEHALF OF CARROLL & LANGE, INC. DATE \ Carroll & Lange Professional Engineers&Land Surveyors \/ Lakewood.Color Blvd,80 28 156 Lakewood.(303)980-20024 FPAX 3 3)980-09-0200 17 WWWCARR LL-L ] WNM1V.LMROL4LWGE.COM Po\30]5\METRO OISTRICT\o,STRICT 4 E(4).DWC, SHEET I OF 2, PREPARED 10/2]/04, REV. EXHIBIT SHEET 2 OF 2 POINT OF — — COMMENCEMENT NW COR N. LINE, SE 1/4, SEC. 25 — NE CDR., SE 1/4, N88'45'03"E 2632.77' SECTIOIN 25 SE 1/4, UREA. 160 74 REC. NO. 1fiCB]45 SEC. 25 N88'45'03"E 50025'49"E 364.96' 450.00' NOY14'57"W 133.39' POINT OF -u BEGINNING N89'34'11"E 77.23' , o. Fo o 0 N 00'25'49"W 166.73' 589'34'11"W 610.27' 232,557 S.F.± 5.338 AC.± h 6 cc CURVE TABLE c coo Linz z CURVE DELTA RADIUS LENGTH BEARING to o Cl 150'53'56' 150.00 395.05 N35'24'33'E v c‘ w 0 \3m toy pvc I t LIN fro 2m W N 4 —0— SE COR., SE 1/4, SECTION 25 N SCALE: 1" = 700' Carroll & Lange NOTE. /\ Professional Engineers&Land Surveyors • Denotes Change of Direction Only. This exhibit 165 South union Blvd.,Sudo 156 LakaV9e \/ PHONE.d.(3 3)orado 980-2026 does not represent a monumented survey. It FAX: A (303)98-0010200 917 is intended only to depict the attached legal PWWW.CARRO�LANGE.COM description. P:\30)5\METRO DIsrRICT\OISTRICT 4 E(4).DWC. SHEET 2 Or 2, PREPARED 10/2]/04, REv. EXHIBIT C Total Cost Summary O O O O O CO 0 CO 0 0 0 0 0 0 0 0 0 0 0 o O O r) 0 0 0 0 0 0 0 co V N CD W CO CO L W CO 000 6 (h O () 000 (n 00 o N 6 r) tnn O r- N V V O O O O O O (D u) O O O P-- O O O 7 I- N R O rn v u) 0) O O 00O On NON V N O ' 000 N- c0 N 0 (D r) 7 LO U) O (cn O 6r--- r--- r) m n in 0 0 0 0 .- 41 Q) r co- O O NCO N. O O co V N O O u] CO O O O V CO V N (oO (OD O 0 O r 0 CO O OD P-- V r) N (D M r' V O N- (D r u7 ~ (0N N (o . co co-6969 (964 ,i r69 W (D N r69CV-69 V r) r) Cl) co 64 6469 (96969 569 r 696943 (9 r O O G U 69 N69 S o N J } Q Q I- 2 O I- 0 W F 0 0 N W Y Q -J r z F- Q Z IX y > > a 0 0 f: M 0 N O a. 2 J .- c ^] W (h Q I- 0 u. H Q O w 01 Z a Z U E Q D a. Z Z 0 OW < 0 a OCR CO F- I- p 2 0 22 W E W Z W 0 W a = 0 J - J I- W W W < 0CL D Z Z CO IX W < > - (~j) Z co o wOw � WZ CO j � F- LL WZOLL0 o Z ? (n II U) < w ( ) (.nt 9 ow W ? Z2 ZHZ0 I- I- z C7Ua. ln > CC W w (� JzI- UZ LL M Q O' WLUCC ? Zccr- Q 0 0 lZ o 0 (nW >. FM ? eeOWfiw > OF- O O W � � I- WO J -I W I- ZI- W z0 < Z > CC ¢ CCw - w > m ZU` IY =) Zdm I- F- OD :E > 0v) W00acooF- (av) cCww CO 0OIODC00O ? w I- 0 to W N r CO C O 00 O V O N- Ul N O N N 0 V(D a I- 00 (0 (0 00 (0 n I� N- CO r` o O OOO R o CO QQ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) 0 0 0 0 0 N N N N N N N N N N N N O CO O N N N N N O 0 N a a C.) CO Z_ EXHIBIT D Financing Plan Stan Bernstein and Associates, Inc. Financial Planners and Consultants For Local Governments, Municipal Bond Underwriters, and Real Estate Developers 8400 East Prentice Avenue, Penthouse Greenwood Village, Colorado 80111 Telephone: 303-409-7611, Fax: 303-409-7612; Email:stanplan@earthlink.net January 3, 2005 Ms. Dana Smith Controller Carma, Inc. Highland Place I 9110 East Nichols Ave., Suite 180 Englewood, Colorado 80112 RE: ST. VRAINS LAKES METROPOLITAN DISTRICTS 1-4 Dear Dana: Stan Bernstein and Associates, Inc., has assembled multi-year financial models for the proposed St. Vrain Lakes Metropolitan Districts 1 —4 (the "Districts"). These financial models are based upon approximately 4,500 homes, and approximately 306,000 square feet of commercial space, being completed within the Districts boundaries by December 31, 2019. Based upon (i)property taxes generated from mill levies ranging from 43.0 to 50.0 mills assumed to be collected by the Districts, and (ii)revenues generated from Development and Storm Sewer Impact Fees, it appears that the Districts could afford to issue approximately$150 million of general obligation bonds during the next 40-years assuming interest rates of 7% and 30-year serial amortization. Based upon a 5.00 mill operating mill levy, it also appears that the Districts could afford to fund their respective operating and maintenance related expenditures. Stan Bernstein and Associates, Inc. has assembled multi-year financial models for the proposed St. Vrain Lakes Metropolitan Districts 1 —4 based upon key information with respect to land use, values,buildout rates and land sale rates provided by representatives of Carma, Inc. Stan Bernstein and Associates, Inc. has not independently reviewed or evaluated these key assumptions and, consequently, does not vouch for the achievability of the assumptions or the results presented in the multi-year financial models. Furthermore, because future events are uncertain and unpredictable, actual results may vary significantly from forecasted results, and such variances may be material. Stan Bernstein and Associates, Inc. EXHIBIT E Statutory Contents of this Service Plan I. A description of the proposed services; II. A financial plan showing how the proposed services are to be financed; III. A preliminary engineering or architectural survey showing how the proposed services are to be provided; IV. A map of the Districts' boundaries and an estimate of the population and valuation for assessment of the Districts; V. A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the Districts are compatible with facility and service standards of County and of municipalities and special districts which are interested parties pursuant to § 32-1-204(1), C.R.S.; VI. A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the Districts; VII. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the Districts and such other political subdivisions; VIII. Information satisfactory to establish that each of the following criteria as set forth in § 32-1-203, C.R.S., has been met: (a) That there is sufficient existing and projected need for organized service in the area to be served by the Districts; (b) That the existing service in the area to be served by the Districts is inadequate for the present and projected needs; (c) That the Districts are capable of providing economical and sufficient service to the area within their boundaries; (d) That the area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; (e) That adequate service is not, or will not be available to the area through County, other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; (f) That the facility and service standards of the Districts are compatible with the - facility and service standards of County within which the Districts are to be located and each municipality which is an interested party under § 32-1-204(1), C.R.S.; (g) The proposal is in substantial compliance with any master plan adopted pursuant to § 30-28-106, C.R.S.; (h) That the proposal is in compliance with any duly adopted city, county, regional, or state long-range water quality management plan for the area; and (i) That the continued existence of the Districts will be in the best interests of the area proposed to be served. EXHIBIT F Sanitation Facilities SH 66 444 t -. ... I N.A.P.---J�1 to I 3 HIAND N.A.P. ITCHGHL o ' CONDUIT 0 N.A.Pce Lit LD ~ k I 0 In 3 N f I 1 1 WCR2S N to i , ` `\ .A.P.•I In En W EC Z 3 I \ I I � APROPERTY `-"��f �' _I BOUNDARY '£ I it /��. , "' = DRAINAGEWAY N I I (l//)) = DETENTION 4 Y -_.! PONDS/ LAKES 'E!- may' ST. VRAINII RIVER 1"t = CULVERT CROSSING SCALE: 1" = 1500' St. Vrain Lakes Master Drainage Nan /\ Carroll s1. Lange= ,655am Union Blvd.Sate,5E lanwood,Wands 80228 PHONE:(303 9E0�200 FIGURE Evw 30308na0I.L-L4vi0Ec0E, P:\30)5, SHEET 6 or 6, PREPARED 11/0,/04. REV. • SH 66 �. PROPOSED 11 I N.A.P. • 8" SAN. , T PROPOSED 8" SAN. TRANSTION �TO 12" SAN. f M Q / EXISTING PROPOSED U '" f-12" SAN. 3 w SAN. 18" N.A.P. I- NI N— Z s I �I PROPOSED u. 03 f 12" SAN. in I cv 1 I E( PROPOSED I ( 12" SAN. . I —N.A.P. N I WCR 28 _ r- a - PROPOSED La a 12" SAN. ROPOSED EXISTING PROPOSED Ix 2SAN 12" SAN. SAN. 27" ~ PROPERTY v la \ z BOUNDARY 31 • _ Iss sus ..r \,. s' — —"I fsEAXINSTIN2iG.. ". 7"- i j) EXISTING —�.� l s—s_ss...,-- 1 j. SAN. 30"�.—�._ EXISTING l' -=�� rt II t" SAN. 24' L�� `/ li I _22",,,,7 //ice I PROPOSED ".."-' r" 8" SAN. I -...-...- = EXISTING DRAINAGEWAY I "�fc� -s-s- = EXISTING SANITARY 1 1�,. _....-.-:---•-` = PROPOSED SANITARY 4 ST. \IRAIN _0_ RIVER 4 SCALE: 1" = 1500' - Carroll & Lange St. Vrain Lakes Master Sanitary Sewer Plan Professional South ._u de 156 �VD� .Da 80� FIGUREkili PW MY. I�VH .LDI P:\1075. SHEET 4 p/6. PREPARED 11/01/04. REV. EXHIBIT G - Water Systems r EXTEND TO EXISTING 42" WATER AT WCR 38 EXISTING 24" WATER EXISTING 8" WATER SH 66 16" WATER 16" WATER N.A.P.--.J__• ct ti� H • ct s i_ 3 7 PSEft . Y1 c9 =3 Lu 2„ �Z in z �— :�q 0 Q tz }_ .A.P. 3 F Ln N 1 N :W ^ W 1- f I F ¢ 12" WATER 0 3 tz Lu lc 3 li ETER VAULTN2 WCR 28 16" WAT 16" WATER ERI , _ _.ta in 24" WATER r I • f el 3 A.P. 12" WATER V Of j N W -115 Z 3 12 Ps- f METER I pis" STUB i VAULT i a 12" STUB I -" r f -12" WATER._ �P-cER f =PROPOSED WATER f f i,2 � --•--1.--..=EXISTING WATER EXISTING 18" WATER_ _ _ / - - 4 PROPERTY -" BOUNDARY SCALE: 1" = 1500' - Carroll a Lange St. Vrain Lakes Master Potable Water Plan e's roles Omeletsnion Mad;udsa Surveyors ` 56 / Weroo(. 3)980-90229 N3 ]03)990-0200 FIGURE . COM P:\3075. SHEET 2 OF 6. PREPARED /04. REV. SH 66i - IN.A.P.---.1.i t I / 6" RAW 0 WATER MAIN a O Er ui cc ill N.A.P. N — 0 3 12" RAW WATER r �, MAIN I / , .A.P. WCR 28 -r--- I ) EXTENO TO ST. VRAIN , N - SANITATION DISTRICT "OX-80W"12" RAW � t- N F WATER MAIN ,-�„er UAKE AT TREATMENT PAN7 ,n Er rn i- - \ RAW WATER MAIN WITH )— - - — - - ? v ce PUMP STATION AT WWTP PROPERTY 3 BOUNDARY 111 l OUTLET STRUCTURE /Thh�. /PUMP STATION :- I I Ue I. C/ / / /, - EXISTING LAKE/ ST. VRAIN RAW WATER STORAGE .. ';< RIVER I ._ - ---- = PROPOSED 6" RAW N WATER MAIN PI = PROPOSED 12" RAW 11- WATER MAIN SCALE: 1" = 1500' St. Vrain Lakes Master Raw Water Plan /1 Carroll be Lange 185 Pm South Union Blvd d de 1 Surveyors `/ PHONE.33 0-02.5uM,9fi Lakewood Colorado 80226 PHONE. 303)980-020(1 FIGURE PW uRX„ L1M0E.COM P.\3075. SHEET 3 OF 6. PREPARED tt/0i/06, REV. Hello