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Home My WebLink About20021379.tiff Town of Mead /111 P.O.Box 826 441 Third Street Mead"A Lime Town Mead,Colorado 80542.0826 With aBig Future- (970)535-4477 • May 20, 2002 CERTIFIED MAIL# 7099 3400 0018 5011 4367 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Annexation of the Sanborn Annexation. Gentlemen: Enclosed is a copy of the application, annexation maps and other supporting material for the proposed annexation of the Sanborn Annexation to the Town of Mead. this property is located in Weld County on approximately 163 acres at the northeast corner of WCR 28 and the I-25 Frontage Road. The property was recently included in the Mead Urban Growth Area and is proposed for the development of a mixture of commercial/industrial uses along the I-25 frontage(53.89 acres)and single-family residential on the eastern portion of the property(103.3 acres, including 15.5 acres of park/open space), and with approximately 6 acres devoted to stormwater detention and an irrigation ditch corridor. The property is currently irrigated farm land and adjoins the undeveloped R&M Annexation Commercial/Industrial property to the north and the recently annexed Westrian Ranch mixed use property to the east. The property is in the Weld County Mixed Use Development(MUD)area with the proposed development conforming to the MUD design guidelines. The residential portion of the property is proposed for approximately 302 single-family lots ranging in size from 7,000 to 18,000 sq. feet,with the average size of 8,000 sq. feet. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies and service providers as to the appropriateness of the annexation.Your comments are welcome and will assist the Board of Trustees and Planning Commission in their review of the proposal. We ask that your comments reach us no later than June 11, 2002, in order that they may be presented at the Planning Commission's public hearing on June 19. We ask that you forward your response directly to Samson,Pipis&Marsh, LLC,c/o Gary West, P.O. Box 1079, Longmont,CO 80502. Thank you for your cooperation and assistance. Very truly yours, udy gwood U • Town Clerk � 2002-1379 63 i � o � R b 3a da9d a a 2 In ,a> 7 ₹{ $lg �rAW=� S a _ ark «$R :� : 3I" a !II 3 $ W �� g 1€ aan its ; , pQW t tXl k[$pV �� 1q1 x o - 0 ilistg ';ilil: 6 g i !IEb 1 1I I ^$ Icy i s I i A V! a Q ; A 6. 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Nisi ^ aui L]4 91 A U ask" 'w9'11-01.1199E\ SANBORN MIXED USE DEVELOPMENT WATER RIGHTS 1. The owner of the land proposed for annexation has the following rights. a) %1 Share of the Highland Ditch Company In past years this water has been used for irrigation of the land proposed for annexation. 2. The applicant understands the requirement to provide a Deed for Non-Tributary Water Rights and will negotiate and execute a document stating such after completion of Annexation. r^ SANBORN MIXED USE DEVELOPMENT ANNEXATION/DEVELOPMENT INFORMATION Statement of Community Need: Currently, the majority of housing available within the Town of Mead is single-family homes. This development will provide single-family detached housing. All housing will be located near to parks, and trails. Residents will also live in proximity to the employment center proposed within the development along Interstate 25. Reducing the distance between residences and the facilities people frequently visit is beneficial to the community because it minimizes use of streets and encourages alternative modes of transportation(e.g. walking, biking, etc.) • This Development will organize the proposed land uses in a manner consistent with the Weld County Mixed Use Development Plan. This fact further confirms the proposed development's appropriateness for the Community. (see attached MUD Plan) SANBORN MIXED USE DEVELOPMENT ANNEXATION Statement of School Impact: The St. Vrain Valley School District was contacted and prepared the School Support Analysis which is attached as Exhibit A r r C 0 m 0 a E E2 - a C m OD E c o c a) m > a m O O m m.c� I I MI I Ii_1 ' I I 'T ri , 'N C, c rl IN, I IQ:.:1-:Di 1 t ! j IQ)I If9 m 0 c' (3, I I I ! 1 1 {, i i i : 'l I mI o, IO' g. I I Sc .!. 0 to !0j I� :—m m'A' u5, ! F 1O ;U) ' lull >,-v> r) -r>; I(o' (oI j I I m 69. I If9, I !IA! 49! I.O. ! 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Ej JI I I , =: of • co,I ! o': a; I -c, I To. '. al _N a S L U co T m f0 a ?-‘ w 3 x W QC1DEVELOPMENT SERVICES GROUP_INC_ March 18 , 2002 Del Camino LLC 8690 Wolff Court, Suite 200 Westminster, CO 80031 Attn : Steve McLaughlin Re: Conceptual storm drainage design for Sanborn Subdivision The purpose of this letter is to present the general concept for the proposed storm drainage design for the above referenced development. The subject site is located in the Southwest One- Quarter of Section 26, Township 3 North , Range 68 West of the 6th P.M. , County of Weld , State of Colorado and contains approximately 157 acres . The site is bounded on the west by Interstate Highway No. 25 , on the south by Weld County Road No. 28, on the north by the Rademacher Annexation to the Town of Mead , and on the east by proposed Weld County Road No. 9 1/2 . The subject site is undeveloped and slopes generally to the southeast at grades ranging between 1% and 5%. Off-site storm drainage flows from the adjacent property to the north currently enter the subject site . Off-site drainage flows from the west are intercepted by I-25 . The combined on-site and off-site drainage flows drain to the southeast across Weld County Road No. 28 to a well -defined drainageway that discharges into St. Vrain Creek. The subject site does not lie within the floodplain of any major drainageway as defined on Flood Insurance Rate Map, Weld County, Colorado - Unincorporated Area - Panel 850. The majority of the site is underlain by soils that have been identified in the Soil Survey of Weld County, Colorado - Southern Part as silt loam and silty clay loam. These soils have been characterized as having slow to moderately slow permeability, medium to rapid surface runoff and moderate shrink-swell potential . Both an existing well and tank battery are located on the south central portion of the property. The Sanborn Ditch crosses the southeast portion of the site in a generally northeast direction from approximately the middle of the south property line to the middle of the east property line . r -1- (303) 280-9200 • 11194 Huron St., Suite 12 • Denver. CO 80234 In accordance with the Proposed Concept Plan for Sanborn Subdivision, the subject site is to be developed with a combination of residential , retail and light industrial uses. The westerly one-third of the site is proposed to be retail and light industrial while the remaining easterly two-thirds is proposed to be single-family residential . Open space will be provided in the form of internal parks , perimeter parks and buffering between the residential and commercial areas . It is proposed that the majority of the developed storm drainage flows for the site be routed by the internal streets , storm sewer and swales to detention ponds that will release at historic rates . The aforementioned off-site flows from the north are proposed to be either routed through the development or intercepted and diverted around the site by a drainage channel located within the sides perimeter park area on the north and east l ptThe detained to be discharged bactogether wih the off-site flows are proposed the historic outfall point along Weld County Road #28. The storm drainage design for Sanborn Subdivision as conceptually presented in this letter should adequately provide for the conveyance of drainage flows to an acceptable discharge point, without causing any adverse impacts either on-site or downstream. The preliminary design of the storm drainage facilities for the subject site will be presented in a preliminary storm drainage report which will be prepared in conjunction with the Preliminary Plat for Sanborn Subdivision . If you should have any questions or comments regarding the information herein presented , please feel free to call at your convenience. Si erely� G:1Ga y Whi t, P. E. _ ' .- : .. Senior ngineer . . r -2- LOP:1GIEryT-SERVICES GARY T. WHITT - QCI DEVELOPMENT SERVICES GROUP, INC. President & Senior Engineer PROFESSIONAL REGISTRATION: Registered Professional Engineer - Colorado #12491 Certified Professional Geologist -#4342 EDUCATION: Colorado School of Mines, Golden, CO B.S. Geological Engineering, 1968 EXPERIENCE: Mr, Gary Whitt is a Senior Civil Engineer/Project Manager and has more than thirty years of experience in all phases of land development engineering for single-family, multi -family, mobile home park and commercial developments including storm drainage reports and plans; street design; storm sewer design; utility design; site grading; and both preliminary and final plats. Prior to joining QCI Development Services Group, Inc. in 1992 , Mr.' Whitt worked for land development engineering companies in several capacities. He has served as a Geological Engineer, ' Design Engineer, Project. Civil Engineer, Project Manager and Civil Engineering Department Supervisor. He also has experience working in the public sector as an Associate Civil Engineer and as Supervisor of development review. j Mr. .Whjtt is skilled in the preparation of storm drainage reports and. 'plans for single-family, multi-family, mobile home park and commercial developments and has extensive experience in the design of storm water detention ponding facilities . He provides project design and management for the preparation of preliminary plats , final plats, street designs, grading plans and utility designs; and is responsible for coordinating the jurisdictional processing, review and approval of reports, construction plans and, subdivision plats for land development projects. Mr. Whiltt's municipal engineering experience includes the review of storm drainage reports; street plans; grading plans; land use cases ; soils and geologic reports; building permits and -1- i'3O3) 2B0-9200 • ' 1 64 Huron SG. Suite 12 • Oenva-r, CC 90234 subdivision plats; and the preparation of public improvement agreements. He has also represented both clients and government H agencies at Planning Commission hearings. ii Mr.lohit st's past experience includes site geologic evaluations ; geologic pping; the preparation of engineering geologic reports inconilunction with both lard development projects and gravel investigations ; logging of soils for subdivision and individual site subsurface investigations; the preparation of engineered septic' system designs; and logging of rock core for highway projects. Ei 11 I I' it f;I l .. II it .III 1 I I j tl -2- ti APR, 5. 2902 2: 16P'M' �i O. 3678 P. 2 JAMES H. MOUNTAIN Architecture: Space and Site Planning 436 Coffman St. Suite 200 Longmont, Co. 80501 (303) 774-2391 Biography; James Mountain is an architect with a Bachelor and Master Degree in Architecture from Stanford University. He is licensed to practice architecture in 5 states and holds a Certification with the National Council of Architectural Registration Boards. Mr. Mountain started his educational career as a civil engineering major. He paid for his education working in a wide array of construction trades in the home construction, landscape, multifamily and commercial construction areas. With the architectural training Mr. Mountain Is able to converse in and marry the different disciplines required to create a successful community design. Mr. Mountain designed, supervised engineering design and construction for the Somerset Place, Somerset Heights, and Somerset Estates in Niwot, CO. He also designed the Waterford Subdivision, Niwot, CO; the Creekside Subdivision,the Farm at Creekside and the Willow Creek Subdivision in Longmont, CO; the Two Charlies Business Park, Frederick, CO.; The Neighbors Subdivision, Firestone, CO. Mr. Mountain is designing the Sanborn Subdivision and St. Acacius Subdivision being considered for annexation into Mead. He is also designing the Ridge At Clover Creek in Boulder, County. Mr. Mountain is the Architect on the Architectural Committees for the following subdivisions; Somerset Place, Heights and Estates —Niwot; Creekside, Lake McIntosh Farm, and Somerset Meadows Subdivisions • Longmont, CO.; Sedona Hills, Larimer County; Majestic Retreat- Boulder County, and the Two Charlies Business Park- Frederick, CO. Mr. Mountain Is currently managing the construction of Somerset Meadows, Longmont CO. Fla:Mwntaln-qualMeedors.Qac i-. April 8 , 2002 Re : Bibliography of Charles R. Melvin I have been surveying in Colorado since 1966 and have been licensed in the State of Colorado since 1984 as P .L.S . *22576 . C2-21 A 414-4u Charles R . Melvin P.L. S . 22576 r SANBORN MIXED USE DEVELOPMENT PRELIMINARY UTILITY REPORT (prepared by James A. Mountain Consulting) Water—Water service will be provided by the Little Thompson Water District. Existing water lines in the immediate vicinity of the project include an 18"main that runs along the east side of the site(Proposed County Road 9 %I). Sewer— Sewer service will be provided by the St. Vrain Sanitation District, via an existing 15" sewer main that runs along the east boundary line of the site. Since the owner of this project was a participant in the North St. Vrain Project, the project under which this main was installed, the ultimate build out of this project was anticipated when the system was designed. Natural Gas— KN Energy will provide Natural gas service to the Sanborn Development. Electric— United Power will provide electric service to the Sanborn Development. Telephone—Since AT&T does not provide service to this area and Qwest does, it is anticipated that Qwest will be the telephone service provider. Streets— See the site plan for street configuration. Drainage— See the Preliminary Drainage Report. r SANBORN MIXED USE DEVELOPMENT CONCEPT PLAN Refer to Concept Plan SANBORN MIXED USE DEVELOPMENT ANNEXATION/DEVELOPMENT INFORMATION 1. Preliminary Soils Report: Please refer to the attached Soils Report prepared by Terracon 2. Information obtained on the property from the State of Colorado, Soil Conservation office including a U.S. Department of Agriculture Soils Conservation MAP and excerpts from the study pertaining to the property. • 1retracon 1242 9ramwood Pl. Longmont.Colorado 90501 (709)7.64921 Far.(303)776-4041 September 11, 2000 • Mr. Steve ,M`Lauchlin • Del Camino L.L.C. 8690 Wolff Court • Westminster, Colorado 80031 Re: Proposed Sanborn Subdivision Northeast Corner of Weld County Road 28 and Interstate 25 Weld County, Colorado Terracon Project No..22005167 As requested, ITerr accn has reviewed several of our previous gectechnical engineering reports completed adjacent to the subject property (Terracon Project Nc. 2297 5 175, dated Januar/ 16, 1998 and Project No. 22985134, dated September 21, 1995). 7hese geotechnical studies included a total of nine (9) test borings which are located near the southern, eastern and • western boundaries of the proposed Sanborn development. Please reference the attached' graphical logs of :rind and the boring location plan that shows the approximate locations of the test borings. The purpose of these services is to provide preliminarf geotechnical information and guidance to be used for planning purposes for the development of the proposed Sanborn Subdivision. It should be recognized that the information presented in this letter/report is based upon the data obtained from the borings pe"nmed at the indicated locations. Proposed Construction: We understand that the site includes app,oximately 157 acres and will be developed for a multi-use subdivision. Preliminary information indicates that the approximate western one-half (1A) of the site will be developed as a :ommercial/light industrial park, whfie the eastern one-half ('%) of the site will be developed for single-family residential construction. We anticipate that the residences will be single to two-story, wood frame structures with partial or full-depth basements if subsurface conditions permit. The size and type of the commercial buildings is not accurately know at this time. However, we anticipate the commercial buildings will most likely be one and two-story structures. Site grading plans were not available at the time cf this letter/report; however, we anticipate that some mass earthwork will be required for surface drainage and other development considerations. • • Arizona • Arkansas ■ Colorado ■ Georgia • Idaho ■ Illinois NI Iowa • Kansas ■ Kentucky ■ Minnesota ■ Missouri ■ Montana Neoraska ■ Nevada ■ New Mexico ■ Oklahoma ■ Tennessee ■ Texas t• Utah ■ Wisconsin ■ Wyoming Quality 9ngineenng Since 1965 • SANBORNSUBONVSION E;CUBIT 10 PAGE 1 OF IS • • • • • Proposed Sanborn Subdivision ,e"••• .Northeast Corner of Weld County Road 2S and Interstate ZS Weld County, Colorado • Terracon Project No.22005167 Geology: Bedrock underlying the site consists of the Upper unit of the Pierre Shale (Kpu) ('Tweto, 1979). The borings trilled in the vicinity of the site encountered the bedrock at depths ranging from about four (4) to 13 feet below the surface. The bedrock is Overlain by layers of residual and/or windblown clays and silts. Due to the relatively fiat nature cf the site, geologic hazards at the site are anticipated to be low. Seismic activity in the area is anticipated to be low; and from a structural standpoint, the ;property should be relatively stable.. With proper site grading around proposed structures, • erosional problems at the site should be minor. The project site is not located within mapped areas cf the Eculder-Weld coalfields. Accordingly, we do not believe the site is located above underground mines or is located in a subsidence hazard zone. Mapping completed by the Colorado Geological Survey (ZHa:-t, 1972), indicates that the site is located in an area of "Windblown Sand or Silt". The sand or silt material has been described as having low swell potential and may be subject to settlement Or collapse when water is r^ allowed to saturate the deposits. Bedrock with higher swell potential may be locally less than 10 feet below the ground surface. Anticipated Subsurface Conditions: In General, the borings adjacent to the Sanborn development encountered four (4) to 13 feet of very soft to medium stiff lean clays with vanuinO amounts of sand overlong sedimentary bedrock. The bedrock consisted primarily of clayey to sandy siltstones and interbedded siitstones, sandstones and claystcnes and these materials extended to the maximum depths explored of 15 tO 25 feet. Perched groundwater was measured in all the test borings at depths ranging from about five (5) to 14 feet below the surface at the time cf the field investigations. However, approximately 90 percent of the borings encountered groundwater at depths ranging from about five (5) to eight (8) feet. It should be reCCCnized that fluctuations in groundwater levels are likely to occur over time. In addition, perched groundwater, where not already present, may also occur at times in the subsurface soils overlying bedrock, on top of the bedrock surface cr within permeable 'Twain, Ogden, 1979 Geologic Map of Colorado, united States Geological Survey. 'Hart, Stephen S., 1972. Potentially Swelling Soil and Rock in the Front Range Urban Corridor, Colorado, Colorado Geological Survey, Environmental Geology No. 7. " . . 2 • ca�f7, nn\r CTrnlrtrrcrnar e-rrrn+..-- I ,,, ,^ .._._. • Proposed Sanborn Subdivision Northeast Corner or weld County Road 2S and Interstate 25 Weld County, Colorado Terracon Project No.22005167 • Fractures' in the bedrock materials. Eased on cur experience in the area and local geologic conditions, we `eel that the borings reviewed generally provide a representative picture of the subsurface conditions likely to be encountered on the Sanborn property. . Engineering Characteristics: The following presents presumptive c-clneering characteristics of, ;the site soils/bedrock based on our experience in the area and limited laboratory test data from studies conducted adjacent to the site. in general, the claw are judged to be non- expansive or have only low swell potential at their in-place moisture content and density. The soft to very soft, high moisture content clays will consolidate (settle) under light to moderate loads. In general, the clays are considered to have low load bearing capability. The bedrock in the vicinity of the site is judged tc vary from non-expansive to low swelling for the sandstones and siitstones to moderate swelling for the claystones. The bedrock is considered to have high load bearing capacity. Geotechnical Considerations: Eased upon the gectechnical conditions in the general vicinity of the subject property, the site appears suitable for the proposed construction. We believe that the primary gectechnical condition/constraint which will impact P e development is the presence of comparatively shallow groundwater and associated soft ld compressible clays likely to be encountered on the site. These conditions will likely, complicate pavement construction and other earthwork activities, particularly in cut areas. Shallow groundwater will limit the depth of basement construction f• site in some areas, depending upon final grades, may preclude the use of basements aitccether. The prim.ary methods which can be used to mitigate the impact of shallow groundwater on the site could include ...siting the depth of below grade construction, raising the site with structural MI ll to increase the depth to groundwater or installing area underdrain systems to provide a means to control, arc in some instances, to lower existing water levels. Another geotechnicai concern includes the near surface bedrock which.has variable swelling characteristics. We believe that problems associated with these concerns can be mitigated with proper planning during site development, design and construction. Building Foundations: Foundation selection will be dependent upon the type of construction planned (i.e. slab-on-grade, crawl space, garden level or basement, or residential versus commercial), site specific geotechnical conditions and final site grading configurations. Non- -expansive to tow swelling clays with low load bearing capability will likely be encountered in shallow foundation excavations on the site. For these conditions and where swelling bedrock is located well below the foundation level lightly loaded structures can probably be supported on • 3 • SAN-BORN SUBOtviStori E:<rBtT 10 PAGE 3 C..r 18 • Proposed Sanborn Subdivision Northeast Corner of Weld County Road 23 and Interstate 25 Weld County, Colorado Terracon Project No.22005/67 relatively large, low contact pressure spread footings. Stabilization of soft soils below foundations may be needed to provide a competent bearing surface for footing construction. Where non-expansive cr low swelling bedrock (sandstone or siltstcne) is encountered at foundation bearing depths and expansive bedrock is well below this level, conventional or narrow spread footing construction could be used successfully for support. of structures. Cepending upon site specific subsurface conditions and consolidation potential of the days, • movement sensitive structures or buildings with heavy foundation loads may require the use of a drilled pier foundation system to control excessive settlement. • Claystone bedrock with moderate swell potential may be encountered at some locations on the site. Where expansive bedrock is encountered at or near the level of foundations, grade beams and straight shaft piers drilled into the bedrock should be anticipated for support of proposed structures. Based on the subsurface conditions, it appears that pier drilling should be possible with conventional galling equipment on most of the site. Since _groundwater is typically present above the bedrock, we anticipate that temporary casing will :.e required to adequately dewater and ciean drilled pier holes. �-. On Grade Concrete Slabs: Subsoils likely to be present on the site may incude non- expansive to low swelling clan or siitstone/sandstone bedrock or moderate swelling c,aystone bedrock. Where non-expansive or fcw swelling clay/bedrock is enco''ntered in the excavation and expansive claystone bedrock is well below the floor level, we believe that conventional slab-on-grade construction is feasible. The builder/owner should recognize that slabs constructed on low swelling soils could heave and crack to some degree if the underlying flyi ,g soils become wetted. For movement sensitive floors or equipment, slab heave resulting from low swelling soils or consolidation/compression of the soft clays could be excessive in some instances. To cur knowledge, the only reliable solution to eliminate floor movement, cracking and possible structural damage is the use of structural floors supported independent of the subgrade soils. We support the use of structural floors with a void beneath it for finished floor areas where moderate or higher swelling soils/bedrock are encountered at or near the level of the floor. The builder/owner may elect to use slab-on-grade construction for unfinished areas where moderate or lower swelling materials are present provided they recognize and are willing to assume the risk that slab performance may not be reasonable in some instances. Swell potential can vary across the site and with depth should be more thoroughly defined during design level geoteohnical investigations. • - C . • SAJBORN SLBDNISION EXHIBIT 10 PAGE 4 OF 13 Proposed Sanborn Subdivision Northeast Corner of Weld County Road 25 and Interstate 25 , Weld County, Colorado 7erracon Project No.2200516/ General Comments: It should be recognized that the information and opinions presented in this Ietter/repert are based upon the data obtained from the borings performed at the indicated locations on adjacent properties. This letter/report does not reflect variations that may occur between borings or on the subject site. As such, we recommend that a detailed, site specific geotechnical study be undertaken prior to construction in order to develop appropriate design criteria and construction recommendations. • We appreciate the opportunity to be of service to you on this phase of the project. If you have any questions concerning this letter/report, or if we may be of further s=riice to you, please do not hesitate to contact us. . • op REGis;� Sincerely, y�00 Rf;ys�'� o~a• ao ••a ��a+ TERRACON cov:•ecS. Wi(("•r , o' a • �N: • to• O 15i?6 27741 Prepared b 4 • / •. �i Reviewed by: / ••'Fb/ 's/ONAL -\‘) Si" L aCD W Eric S. ufis, P.E. Edward J. aaas, P.E. Gectechnical Engjneer/Cepartment Manager Principal p-I Copies to: Addressee (3) • • • • 5 . SANBOR:N SUBDIVISION EXHIBIT 10 PAGE 5 OF 13 `1 • NROAIAL:GGAvNOr r T_rJI'JVlW90gIL=ON ActicaVr;Nw. Pran.o t7Nx,j ' �Ir7NC U. rut .T EI i , \ P: .:, i 1 33 - •_—__T _...___. I iiI��11 _\\�! I� 'fr ,( ''I,� 9f; J i� rzn is .;N�i ._ , _ P ..1 _ • I , e — —— ,',..,. N.ie'.�. I r (- - / as ��I — -- mss J if • --- ! _ I'rB-¢ I... 11 �� , �' .+ s ' /�. a � ; �„1 � BLOCK � 1 A I ! ' � .._.._ L I k I 1 , .. ��II :,) ,P( -A nY rrs� 3L rl YII i v:irt 1 7 1 ;I s. P TI /� e J:f •jry � f ^, Fi .----4—..—..-- jr.A4t te / / I J r-.�: �— .._..�.__ �i Y 1 it ij fI . I, , / 'L_____/-1-.I —_• !I1 I _ • rte✓ 4 X(l�il e breptV j . C ze „...--\.....,.. •• - 7",-/ 'S. s s N ,i, • Lt_ _, ir 539 I 25— I N Iry ) 1 /w■■I • r DC:.CN'91No L-1-C. it I r' ' P?CPOSCD 5.NCORN 5UBCA/l51ON I NCCCRNe.?CPWCRNO.3 e/Nr:PrArt27 4'O country,CCLORACO -- PC-U' 7_h 9cr',',G LCCArioNPLAN VICINITY MAP - +., •<"<ar Gg'v rnhee.Ms ZZCCi/6' I ar GSN l �re�9 67' '�.©� seams !"-G-CC' c.Y+ :r G54V I ;2.3 7r.".eve a.e. late 9/7/CO I. otnerN7b ro ^C`+c."LL^Cnrrivav ..ma is RI CE3 a-i?_?? u"9"""-. -mules fo9m N7r;NTVCC�r..RC,.Pt-T„C;CN PJ.PPO�CD R0 cic 3-??-?5 +••+ 3r CSN 1 JC3--7;afu ,w.e Moo ldl SANBORN SUBDIVISION 7:Crila IT to PACE 6 OF 13 • Town Of Mead P.O. Box 626 Mead, Colo. 80542 RE: Water Rights Report April 5, 2002 Dear Sirs. As a attorney licensed to practice law in the State of Colorado, and with over twenty years experience in the areas of mineral and water title searches I conducted a search of the Records of Weld County Colorado to determine what transfers of water rights are of record effecting the Southwest Quarter of Section 26 Township 3 North Range 68 West("the property") for the interval of time from 1985 to March 28, 2002. I found the following documents of record which transferred title to the property: • 1. Warranty Deed dated December 20,1984 from William Joseph Edwards to Colorado Jockey Club Land Development Company, Recorded at Book 1077 Reception 02018325 conveying the subject property along with a := share of the capital stock of the Highland Ditch Company. 2. Public Trustee Deed dated September 6, 1989 from the Public Trustee of Weld County to United Bank of Fort Collins, Recorded at Book 1243 Reception 02191 196 conveying all right title and interest in the subject property. 3. Special Warranty Deed dated August 30, 1989 from United Bank of Fort Collins to L and W Partnership, Recorded at Book 1243 Reception 2191277 conveying all right title and interest in the subject property. 4. Warranty Deed dated February 5,1998 from L and W Partnership to Leroy J Louwagie, Recorded at Reception 2598593 conveying all right title and interest in the subject property including !/2 share of the capital stock of the Highland Ditch Company. 5. Special Warranty Deed dated October 28, 1999 from Leroy J Louwagie to Silverman Associates Inc Recorded at Reception 273067 conveying all right title and interest in the subject property. 6. Quit Claim Deed dated December 8,1999 from Silverman Associated Inc. to Del Camino L.L.C. Recorded at Reception 2737864 conveying all right title and interest in the subject property. In addition [reviewed the records of the Highland Ditch Company to determine what transfers of Highland ditch shares have occurred on the property and confirmed the only transfers of water shares has involved the VL, share transferred in the title chain set forth above. Sincerely. Stephen McLaughlin Attorney at Law SANBORN MIXED USE DEVELOPMENT ANNEXATION IMPACT REPORT Annexation Agreement: Not available at this time. SANBORN MIXED USE DEVELOPMENT ANNEXATION IMPACT REPORT Financing of Extension of Municipal Services: The necessary municipal services are currently in place, adjacent to the site. The Town of Mead will not be required to finance further extensions SANBORN MIXED USE DEVELOPMENT ANNEXATION/DEVELOPMENT INFORMATION Assessment of other Impacts Water: see Preliminary Utility Plan. Sewer: see Preliminary Utility Plan. Natural Gas: see Preliminary Utility Plan Electric: see Preliminary Utility Plan Telephone: see Preliminary Utility Plan • Streets: see Preliminary Utility Plan Drainage: see Preliminary Utility Plan Law Enforcement: Law Enforcement will be provided by the Town of Mead and Weld County Fire Protection: Fire protection will be provided by the Mountain View Fire Protection District. The property is within the American Medical Response of Colorado area of service. Parks and Recreation: a. The proposed development is approximately 157.24 AC, of which 24.9 AC will be dedicated to the Town of Mead as open space. Through the use of a Park and a canal, open space is integrated throughout the community. Approximately 15.8%of the total property is open space. b. The neighborhood parks and the perimeter open space will be dedicated to the Town of Mead, but will be maintained by the Home Owners Association(HOA). The allocation of funds for maintenance of all common open spaces will be determined by the HOA at the time of its inception. In addition, the HOA will maintain the detention areas. All other open space will be dedicated to the Town of Mead and will be maintained by the Town of Mead. c. A unique feature on site is the Sanborn canal that runs west to east through the southern portion of the property. This feature and adjacent native vegetation will be preserved and utilized for pedestrian trail connections to the community park. Environmental Considerations a. There are no areas designated as wetlands within the limits of the site. b. The property has been used for agricultural purposes. The farming operation utilizes pesticides, fertilizers and petrochemical fuels. A Level I Environmental Assessment will be conducted prior to Final Plat. c. Noise and vibration within the development will be minimal and will comply with all rules and regulations of the Town of Mead and the Weld County Health Department. d. Smoke, dust, and odor will not be an issue with the proposed development. The land uses proposed will not generate smoke or odors. Additionally, all roads will be paved, therefore no dust will be generated. e. Heat, light, and glare will be controlled by landscape and development design. f. Visual/aesthetic impacts of the development will blend with the natural surroundings and will adhere to Town of Mead development requirements. g. No high voltage uses are proposed within the development; therefore, electrical interference is not an issue. h. Water pollution will be prevented by installing erosion control measures during construction, monitoring existing oil and gas facilities, and providing public sanitary sewer. i. There are no areas designated as wetlands within the limits of the site j. Erosion and sedimentation will be kept to a minimum through adequate landscaping and site design. k. Excavating, grading, and filling will occur on the site in order to create roads and building sites as well as detention basins. However, cut and fill will be kept to a minimum through sensitive site planning. I. Drilling, ditching, and dredging will occur on-site. Normal excavation related to construction of buildings and roads is expected. Excavated material will be used in areas that require fill. m. Air pollution (e.g., burning of trash, diesel trucks, etc.) within the development will not occur. n. Solid waste will be disposed of by a local trash company. The regional commercial and employment center will have dumpsters and residential development will have curbside service. o. The majority of the property is currently being farmed: therefore, wildlife habitat will not be eliminated. The part of the property which has wildlife on-site is limited to the irrigation canal corridor. This area will be preserved as open space and trail linkages. p. Existing vegetation has been removed through farming. However, the area along the irrigation canal has same native vegetation that will be preserved to the greatest extent possible. q. No radiation or radioactive material exists on-site. r. Oil/Gas Wells: There is one producing oil/gas well and its auxiliary storage facilities located on the site. The well is intended to remain on the property until such time that it becomes abandoned and plugged. The owner has reached agreement with the oil company on additional drilling sites. s. The proposed development is not located within a flood hazard, geologic hazard, or airport overlay district. Economic Development Potential: This development provides a multitude of economic development opportunities for the Town of Mead. The Regional Commercial area(53.8 acres, accommodating up to 694,000 square feet) will provide space for new businesses. These businesses will provide jobs for the residents of Mead and will generate sales tax revenue for the Town. Construction of this development, estimated to be over 100 million dollars, will create employment and service/sales opportunities for residences and business in Mead. The housing portion of this development will increase the population of the Town of Mead, thereby increasing the customer base for existing businesses and creating the need for additional businesses. Some of these new businesses will locate within the development, and others within the Town. In addition, The Town of Mead will benefit from typical municipal revenues (e.g. building permits, parks fees, property tax, etc.). These are itemized on Form D-4, Fiscal Analysis. Compatibility with Town Policy: Street Master Plan— It is the applicant's intent to construct roads, which meet or exceed the Town of Mead's Land Use Code and the Standard Design Criteria and Construction Requirements, Volume 1. Minor Streets will have a 54' ROW. The applicant also is proposing a 100' wide collector street running west to east from the I-25 frontage road to the proposed WCR 9 % . The collector bisects the property in half. At this time to the best of applicant's knowledge the I25 frontage road will remain in use until WCR 9 Y is completed from Highway 119 to State Highway 66. The width of pavement on both sides of the median will be 24' and the total width of the right-of-way will be 100 feet. (see the Concept Plan, for additional information) Subdivision Plan—N/A Comprehensive Plan a. The land uses proposed by this development are consistent with the land uses shown on the Weld County MUD Plan. b. On the Town of Mead Comprehensive Plan, this area is not delineated with a land use designation. We are therefore deferring to the designations on the Weld County MUD Plan. c. The applicant understands that, in order to be annexed into the Town of Mead, the comprehensive plan (and related agreements with Weld County) will need to be amended to include this property. Land Use Code: a. It is the intent of this development to comply with the requirements of the Town of Mead Land Use Code. However, the Concept Plan submitted represents a preliminary design. If the plan is modified, due to comments from the Town of Mead or due to conditions not known by the Applicant at this time, the Applicant may decide to vary from these requirements, but only with the approval of the Town. b. The proposed development is a mixed-use project. Typically, re-zoning of the property to a Planned Unit Development (PUD) classification would be requested for such a project. Currently, the Town of Mead does not have such a classification. It is our understanding that a PUD classification is being prepared. If a PUD classification is added to the Land Use Code at the time we request zoning for this property, we are willing to meet the corresponding requirements. c. The Land Use Code, in regards to parkland dedication, allows for either the dedication of land or the payment of cash in lieu of land. At this time, the Applicant wishes to dedicate a portion of the required quantity of land. Existing and Adjacent Land Use: At this time, the land use of properties immediately adjacent to this proposed development are farmland. Between this development and Highway 66, there are properties with commercial and industrial land uses. In the future, no conflicts are anticipated between this development and adjacent properties since surrounding land uses to the east, north and south, on the Weld County MUD Plan, have been designated for similar land uses. Properties to the east and northeast have been designated for CommerciaUResidential Uses on the Town of Mead Comprehensive Plan. SANBORN MIXED USE DEVELOPMENT ANNEXATION IMPACT REPORT Existing School and Special Districts: St. Vrain Valley School District RE-1J Mountain View Fire Protection District Little Thompson Water District St. Vrain Sanitation District Weld County Library District Northern Colorado Water Conservancy District Aims Junior College SANBORN MIXED USE DEVELOPMENT ANNEXATION/DEVELOPMENT INFORMATION Drainage report: see attached Preliminary Drainage Study • SANBORN MIXED USE DEVELOPMENT ANNEXATION/DEVELOPMENT INFORMATION Other Documentation is required by Town: Weld County I-25 Mixed-Use Development Area Plan Ill • ._ _ V.CR. 032 ., .:t —nth---�—. r: I c4 • 3I u J T - ' —_ r I J SN 66 T' I V.CR. 00 Z'' . _... x ai II t( a1 a .j al I al • ?59:•r ao /J - zu ea£c! ?se:vl,ory :,'` '� ./GR. 029 a. y { d ...444.4 Ir 3, ,L - �l 1 f V.C.R. *26 lit,.` I - �� .._.._ . . SH 11' I1l ' �IY I 4-1 lY� n-r'i, E S.H. :19, , . .. r_, ,,... ! , , � . , : I T j ' ,ppr . •- �J/ T l IS is 1 r -�� 1 . b . I W.C.I. 020 I � (A. 1;) I � , ' ' [ ,f =_fiend �, 0 !silo loop Feel I-25 nlUo Area 2 oundary Limiting Site Factors -Lowest Int ensir. \\\\ Town/City Annexations —7 Employment Cantor -nor intensity . ,¢ Regional Park — — Counry Boundary Regional Commermal Medium Intensity C 11 �- Existing Road `�• Community Park ---- Propazed Road {� (al Neighborhood Canter -Lower Intensity `ps Neighoarhood Park Regional Nail System 'IPn cct ice.,-........ . —1Restdpnnal Mutsu Inr ens,hy r-T., Transit Canter Other Community Trail \ —-— Section Line 25 Mixed Use Development Area Comprehensive Plan Map 2 . 1 Structural Land Use Map i^ AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF AOArn ti ) 5f6Gff6ti m ��u6�ka�✓ , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of[ ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) D ` ,4425 ) SS. COUNTY OF The foregoing instrument was acknowledged before me this 2,1 day of tc"?,,tcinj 200 2 by,---.17-#"="/7(c4/ 4O' Z ic2n'Srhz //L/ My commission expires: /-/-5--7c570-5 Witness My hand and official seal. ariG4a- G" — Notary Public ,.- ;V' Aq}`°9''�� :'' s • : a T ‘' F OF CO\- `.......... r • • Mei U066I3IA01 Security Title Guaranty Co. *ii INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. r The Company will give you a sample of the Policy farm, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds • 22 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 •-Requirements 3 SCHEDULE 8-2 -- Exceptions 4 .... CONDITIONS 1-A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. it Filet U066171A01 Form No. 1343(CO-87) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE • • ISSUED BY SECURITY TITLE GUARANTY CO. agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY • FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent, Security Title Guaranty Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commit- ment will end when the Policy is issued and then our obligation to you will be under the Policy. r Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on page 1-A. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company P� E 1 NS°94 BY 612j1 AC/ PRESIDENT . oPPOg ^,• cm a • o : o wt SEPTEMBER 2a, • 1968 2 BY 04.1 I N1'1'S' j SECRETARY gCIFO PN� BY � o _� � COUNTERSIGNED 11/21/01 08:28: 58 jh rm1133 Frey UO66111A0! NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) CAP PROTECTION ' When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for - all-matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others . The general requirements stated above are subject to the revision and approval of the Company. r SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S. ) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS de will not reveal nonpublic personal customer information to any external non- affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT his Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise :onveyed from the surface estate. ' If such a reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, ether minerals, or geothermal energy in the property. The referenced mineral estate ' 'dude the right to enter and use the property without the surface owner's }e sion. You may be able to obtain title insurance coverage regarding any such •ererenced mineral estate severance and its effect upon your ownership. Ask your .itle company representative for assistance with this issue. • • • SI I(7O66131A01 SECURITY TITLE GUARANTY CO. 3690W t ON Street.2nd Floor•Greeley.CO 80634•Phone:(970)356-3200•FAX: (970)356-4912 COMMITMENT Sc.S5tn.z A. .. Commitment No: U066i3?AOL-2 I. commitment Data: December 24, 2001 at 8:00 A.M. 2. Policy or Policies to be issued: Policy amount (a) owners Policy - Proposed tnsurad: Del Camino Limited Liability Company - (b) Loan Policy - Proposed insured: $ - 0 - NONP 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Data by: Oel Camino Limited Liability Company 4. The land referred to is this commitment is described as follows: The Southwest Quarter of Section 26, wnship 3 Nor=:, :Range o'8 West of the 6th P.m. , ..Juncy of Weld, Stara of Colorado. f..r informational purtoses only) Vacant Land PR_ ut : Owner's Policy $ -o .- Tax Certificate $ -U - 1 08 :28 : 56" jh rm1133 11/21/01 08:28: 59 jh rm1133 Pile UO661JIA01 @arm No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. UO66131A01-2 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) The following documents satisfactory to us must be signed, delivered and recorded: 1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule A, Item 2A. 2 . Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A, Item 2 b. 3 . Partial Release of the Deed of Trust from Silverman Associates, Inc. to the Public Trustee of Weld County for the benefit of LeRoy J. Louwagie to secure an indebtedness in the principal sum of $ 1, 000, 000 . 00, and any other amounts and/or obligations secured thereby, dated October 28, 1999 and recorded November 3 , 1999 at Reception No. 2730677. 4. The following item, which may not necessarily be recorded, must be furnished to the Company to its satisfaction, to wit: The following information shall be submitted to the Company for review to determined whether Mechanics Lien Protection may be granted on the Policy to be issued under Schedule A, Paragraph 2 (b) : (i) Indemnity Agreement I NOTE: Upon all requirements being met Standard Exceptions 1-4 will be deleted on the final Owners Policy and Loan Policy when issued and Exception No. 6 will be amended to reflect the current tax status at time of closing. NOTE: Upon all requirement being met and providing no construction has commenced mechanics lien coverage will be afforded to the date of policy on the Owners Title Policy and First Loan Policy when issued by amendment of Exception No. 5 as follows : "Any lien, or right to a lien, for services, labor or materials hereafter furnished, imposed by law and not shown by the --Continued 11/21/01 08:29:02 jh rm1133 FWr UO66U1A01 Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment Schedule B - Section 1 continued Order No. OO66131A01-2 public records . " NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000 . 00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-0'04. 5 (NONRESIDENT WITHHOLDING) . • 11/21/01 08:29 : 00 jh rm1133 FJe('UO66131Ao1 Form No. 1344-32 (C0-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 Order No. UO66131A01-2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2 . Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. • 3 . Easements, or claims of easements, not shown by public records. 1. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records . i. Any lien, or right to a lien, for ser✓ices, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records . /"may and all unpaid taxes, assessments and unredeemed tax sales. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in Book 86 at Page 273 . I . The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded in Book 34 at Page 36; and any and all assignments thereof or interest therein. . An Oil and Gas Lease, from William Joseph Edwards as Lessor(s) to T.S. Pace as Lessee(s) dated May 1, 1970, recorded June 17, 1970 in Book 627 at Reception No. 1549370, and any and all assignments thereof or interests therein. . An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded July 25, 1973 in Book 696 at Reception No. 1618067. . An easement for an electric transmission line and incidental purposes granted to Tri-State Generation and Transmission Association, Inc. by the instrument recorded February 14, 1974 in Book 708 at Reception No. 1630250 . . An undivided full interest in all oil, gas and other minerals as reserved by William Joseph Edwards in Deed recorded July 24, 1985 in Book 1077 at ,,..(Reception No. 2018325, and any and all assignments thereof or interests ,rein. --Continued "11/21/01 08:29 : 03 jh rm1133 FIelt U066I31A01 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. UO66131A01-2 .33 . . An easement for utility lines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded April 18, 1986 in Book 1109 at Reception No. 2050421. 14. Notice concerning underground facilities of United Power, Inc. formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 at Reception Nc . 2239296. 15. An easement for water lines and incidental purposes granted to•Little Thompson Water District and Central Weld County Water District by the instrument recorded March 11, 1996 in Book 1536 at Reception No. 2480306. 16. Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement and Agreement by and between 25-66, Ltd. and Leroy J. Louwagie recorded July 30, 1998 at Reception No. 2629427 . 17. Notice of Right to Use Surface of Lands executed by HS Resources, Inc. , recorded September 28, 1000 at Reception No. 2796813 . 18.Notice of Oil and Gas Interests, executed by HS Resources, Inc. , recorded January 23 , 2001 at Reception No. 2820899 . 19 . Terms, conditions, provisions, agreements and obligations specified under the Non-Exclusive Utility Easement Agreement by and between Del Camino, LLC and St. Vrain Sanitation District recorded March 29, 2001 at Reception No. 2836235. 20 . The following items as disclosed by ALTA/ACSM Land Survey No. 266-1, dated October 12, 2001, prepared by Melvin Surveying: Right of way for Sanborn Ditch. Concrete Diversion structure and irrigation flume. Oil/Gas well. Tank Battery No. 1. • Gas works and buried gas lines. NOTE: Item(s) 8, 9, 12, 17 and 18, above refer to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. • Ale•*UO66131 A0• • • • CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B - Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. 200-200-1 DEL CAMINOL.L.C. 965 West 96th AVE. THORNTON, CO. 80260 PHONE 303-430-1547 FAX 303-130-1815 Date: March 21, 2002 To: Town of Meade P. O. Box Meade, Co. 80546-0626 The following is a list of the names of the property owners as described in the last recorded deed purporting to affect the real property described below and the real property within 300 feet of said land. Legal Description: Southwest Quarter of Section 26, Township 3 North, Range 68 West of the 6th P.M. Vested Owner: Del Camino L.L.C. Owners Within 300': See Attached Exhibit "A" This list was certified by the assessor's office of Weld County Colorado. Sincerely, Stephen McLaughlin The following copies are from our web site the verify ownership within 300 feet of the SW4 of section 26 township 3 north rang 68 west. Donna Kral Assessors Office Clerk 3/26/02 Weld County. Colorado Page 1 of 1 Weld County, Colorado /••-• Wall 1 .seemeeisear....-tea +w tto rr'.:-.->t ,1::::,....-: t �. 1. t r< e1 �..a rer 1Tct ;r.14rt+r 7 t .i _ ,,...;;............-.-4..., f F3sr.' I t .. F ® }� - ' •-- '�— "' Legend x Selected_Features I_g <~ IheaulterPolygons • I 'f-i.iy`• f r r/ theaufferTargel • _ ! , n County Bonder 5 ,';`;‘• • Parcels ' „ ! _ { ' - T - I I Olt Section Grid 9{{ .1•‘;‘.. .,,,t715.1 ..% ;It': e 3 3.. -44-4Photography s ic"7 —_ H�, ' l - ,;.-.4, - t- si•s., (t4-7i. Car wr '7` .74:,-- y"1 i- ,i' . .. �"are _fi �^" *r ', Weld Ceti illy.Cobrado ' 120726000004 DEL CAMINO LLC 2290 NORWOOD otal Taxes: $1,228.42 ' mount Due: $1,228.42 BOULDER, CO 80304 r http://maps.merrick.eom/servlet/com.esri esrimap.Esrimap?ServiceName=weldovr&Form=Tru... 3/7/02 Property Owners Within 300 ft. of Parcel # 120726000004 NAME MAILIND ADDRESS PARCEL IDENTIFICATION ANDERSON, JAMES E C/O GRANT &GRANT LLP 22/11% OF 2/3 NT & PO BOX 908 12072700044 LONGMONT, CO. 80502-0908 ANDERSON, JAMES E C/O GRANT &GRANT LLP 22/11% OF 2/3 INT & PO BOX 908 120734000027 LONGMONT, CO. 80502-0908 CALIFORNIA HOMES INC. PO BOX 717 120735200053 LONGMONT, CO. 80502 CONTRUCTION LEASING 875 W 64 TH AVE. INVESTMENT CO. DENVER, CO. 80221 120735000038 DOUTHIT LONGMONT LLC 4886 HWY 66 120726000005 LONGMONT, CO. 80504 DOUTHIT LONGMONT LLC 4886 HWY 66 120726000010 LONGMONT, CO. 80504 C/O ROBERT L & WINFRED HOPP CONRAD DALE & J SIEGRIST(CONT OWNER) 120735000039 MARTHA ANN 875 W 64'x`DENVER, CO 80221 LAJ 2000 LC 6500 W HWY 34 120727101005 LOVELAND, CO. 80537 MARTINEZ MACLOVIO & 12632 EAST FRONTAGE RD FRANCISCO & FERNANDO LONGMONT, CO 80501 12073520055 NEUMAN ERIC PO BOX 20107 120735200052 CHEYENNE, WY 82003 R& M LAND CO (1/2 INT) & 13184 WCR 13 120726000037 LONGMONT, CO. 80504 KERR-MCGEE ROCKY 1999 BROADWAY SUITE MOUNTAIN CORP 3600 120735000039 DENVER, CO. 80202 SANBORN MIXED USE DEVELOPMENT NORTHERN COLORADO WATER CONSERVANCY DISTRICT PETITION The Property is in the District SPECIAL WARRANTY DEED NON-TRIBUTARY AND NOT NON-TRIBUTARY GROUNDWATER THIS DEED, made this day of , between Del Camino L.L.C. of the County of Weld, State of Colorado, grantor, and the Town of Mead, P. O. Box 626, Mead, Co 80542, of the County of Weld, State of Colorado: WITN.ESSETH, that the grantor(s), for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do_grant, bargain, sell, convey, and confirm, unto the grantee and its successors and assigns forever, all the real property,together with improvements, if any, situate, lying and being in the Southwest Quarter of Section 26 Township 3 North. Range 68 West. of 6h Prime Meridian County of Weld, State of Colorado, Described as follows: All non-tributary and not non-tributary groundwater as defined by C.R.S. § 37-90-103, whether adjudicated, unadjudicated, permitted or unpermitted, underlying the property described in Exhibit A, attached hereto and incorporated by reference herein. also known by street and number as: N/A assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor (s), either in law or equity, of in and to the above bargained water rights, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said water rights above bargained and described with the appurtenances, unto the grantee and its successors and assigns forever. The grantor(s), for sel, heirs and personal representatives or successors, do covenants and agree that shall and will WARRANT AND FOREVER DEFEND the above-bargained water rights in the quiet and peaceable possession of the grantee, and its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(s) ha executed this deed on the date set forth above. Date ,a?. '-°1— Signature OEc c c cc rAPt. Date Signature STATE OF COLORADO ) ) SS. COUNTY OFfv,,,,y/ 3 ) The foregoing instrument was acknowledged before me the F r¢ day of/lea eu.ve y ,20c1 by -.5-7-1,-1,d46;y7 My commission expires: /- /.5 -7 p c 3 Witness My hand and official seal.C% )c,4a: 4 ?A.WA % r/ TA 1, • Notary Public i S it t 1, B . %, OFC t. SANBORN MIXED USE DEVELOPMENT ANNEXATION IMPACT REPORT Municipal Services See attached Preliminary Utility Plan (drawing). Water: Public water will be provided by the Little Thompson Water District by way of existing waxer mains along the eastern edge of the property. The water service system within the development will be constructed by the developer on behalf of Water District. Sanitary Sewer: Public sanitary sewer will be provided by the St. Vrain Sanitation District. The St. Vrain Sanitation District has constructed the North Line Extension, (a major trunk line extending to the district's treatment facility), which has been sized to adequately handle the waste water disposal for the ultimate build out of this project. Storm Water: Storm water drainage from the development will be detained and released at historic rates. Storm water released will be directed towards the St. Vrain Creek. TOWN OF MEAD LAND USE CODE Form D-6 AGREEMENT FOR PAYMENT OF ANNEXATION ELECTION EXPENSES THIS AGREEMENT, made and entered into this day of , A.D. 20_, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Del Camino LLC, 8690 Wolff Court Suite 200, Westminster, Colorado, 80031, hereinafter referred to as "the Applicant," • W ITNESSETH: WHEREAS, the Applicant is the owner of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: Southwest Quarter Section 26, Township 3 North Range 68 West of the 6th P.M. WHEREAS, the Applicant desires to annex said property and has made application to the Board of Trustees of the Town of Mead for approval of said annexation; and WHEREAS, the Parties hereto recognize that the annexation election fees as specified by the r Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in conducting the required annexation election, including, but not limited to, legal publications, printing and supplies, election judge fees and attorney fees. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF ANNEXATION ELECTION EXPENSES. The Town will maintain separate accounts of all monies expended in conducting the required annexation election. Statements of expenses incurred will be made available to the Applicant immediately following the election. Expenses charged to the applicant's account shall include, but shall not be limited to legal publications, printing and supplies, election judge fees and attorney fees. 2. EXPENDITURE OF FEES PAID BY THE APPLICANT. The Town shall expend the monies collected from the Applicant in the form of annexation election fees, in the payment of expenses incurred in the conduct of the required annexation election. 3. PAYMENT OF ANNEXATION ELECTION COSTS BY THE APPLICANT. In the event that the Town incurs expenses for the conduct of the required annexation election greater than the monies collected from the Applicant in the form of annexation election fees, the Applicant shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10) days of the Town submitting an invoice for the expenses. Failure by the Applicant to pay within the specified time shall be cause for the Town to cease processing the application and/or deny approval of the application. D4FORMWP5 October 28,1995 In the event that the Town incurs expenses for the conduct of the required annexation election that is less than those collected from the Applicant in the form of annexation election fees, the Town shall return to the Applicant those monies not spent. • 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Applicant may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the applicant, e.g., notify newspapers to cancel publications, etc. The Applicant will continue to be liable for all costs reasonably incurred by the Town prior to, and after, submitting a notice of termination. 5. COLLECTION OF FEES AND COSTS. If the Applicant fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attomey's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Applicant have caused this Agreement to be duly executed on the day and year first above written. THE APPLICANT tier-qtr) � THE TOWN OF MEAD q'By 'Lf Itr) '9' -A '-64't.^ By Its r71,CatA!_',(ft_ Its And ATTEST: By By Its Its r SANBORN SUBDIVISION DAFORM.WPS October 25.1995 ANNEXATION BASE FEES Application fee—annexation - $300.00 • Application fee—concept plan - $50.00 Engineering plans check fee - $350.00 Cash deposit for reimbursement of Town's cost of processing, etc. - $5000.00 Cash deposit for election costs - $500.00 Cash deposit for extendina streets. etc. $0.00 TOTAL $6200.00 r O-0FORM.W PS Ocmbr 3S,1905 DEL CAMINO L.L.C. 965 West 96"'AVE. THORNTON, CO. 80260 PHONE 303-430-1547 FAX 303-430-1815 December 19, 2001 Judy Hegwood, Town Clerk • Town of Mead 441 Third Street Mead, Co. 80542 RE: Annexation Application Sanborn Mixed Use Development Del Camino Property Dear Ms. Hegwood, We respectfully request annexation of the 157.24 acre Sanborn Development into the Town of Mead for the purpose of creating a mixed-use development including residential, employment and commercial land uses. It is our hope that such a development will provide the Town of Mead with additional sources of revenue and will provide its citizens with additional housing, and employment choices. Furthermore, it is our intention for this development to provide a high quality environment in which people can live, work and play. PROJECT LOCATION AND DESCRIPTION This tract of land lies between County Road 28 and State Highway 66, along the I-25 frontage road. Its eastern boundary is adjacent to the Douthit Property. County Road 9.5 is proposed along the eastern boundary of the property. Approximately one half the property's boundary is contiguous to properties previously annexed by the Town of Mead. The adjacent right-of-way for County Roads 28 and the 1-25 frontage road are included in the property to be annexed. This development proposes the following land uses: • Single— Family Residential (Zoning Classification MD) — 306 dwelling units (103 acres), 2.96 dwelling units per acre. • Employment/Commercial (Zoning Classification CR/I) 53.8 Acres, .60 floor area ration, 694,750 square feet In addition 24.9 acres will be dedicated to the Town of Mead for open space and recreation uses. This acreage includes a 1.727 acre tract buffering the commercial and residential users and the 2.9 acre Sanborn Ditch, a 16.4 acre park and a 3.8 acre perimeter park. r There will also be approximately 2.9 acres used for storm water detention facilities and approximately 21.8acres dedicated to the Town for public roads. In closing we would like to express our desire to hold a Special Election as early as practical in 2002 and have the Town of Mead vote on this proposed annexation at that time. Please feel free to contact us with questions and requests for additional information. Your prompt consideration and action on this proposal will be greatly appreciated. Sincerely, Stephen A. McLaughlin Manager Del Camino LLC r r^� SANBORN MIXED USE DEVELOPMENT PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: I Stephen A. McLaughlin, the undersigned landowner(s), in accordance with Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: Southwest Quarter Section 26 Township 3 North Range 68 West of the 6th P.M. As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory above described to be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Mead will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Mead but is not bounded on both sides by the Town of Mead. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer, c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Mead and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification (land use) requested for the area proposed to be annexed is Mixed Use (including single-family; employment commercial: parks in Performance District 1. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.)) DEC- LA-,fi,^ roc G c e. Owner: A9?V iff) " . ilfertrt Date: ZJ 2-4t2— Owner Date: Applicant: Date: STATE OF COLORADO ) SS. COUNTY OF .7.bnifr /S The foreping instrument was acknowledged before me this g day of -W-e4'9.P 200 ,?by Tetz' -t) //AI,it My commission expires: '— /•-5—- 200 3 Witness My hand and officials ; ___„,,,Notary Public _SPA WAY/?„‘‘ •;•;9 • • I i • i • G:O rI IPP•.,.:)LB'- • !. OF' • P' r Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned 8690 Wolff Ct., Ste 200 SW Quarter Section 26 Township 3 North Westminster, Co 80031 February 28, 2002 68 West, 6th Prime Meridian r AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) s s. COUNTY OF ) 5f(DNi& M4-,14u6.4 cr/ , being first duly sworn upon oath,deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of[ ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. fiWrifi % Circulator STATE OF COLORADO ) COUNTY OF a/�4475 ) SS. The foregoing instrument as acknowledged before me this 2.� , day of ff'j5,4!%rrk°y 200 2 by-Sr n oi76'ti, 72 f1'/fr/L i/Li My commission expires: /-/S -2003 Witness My hand and official seal. a / ��f/�1Z-- Notary Public WA<,'�;� ; f II' • • •••• A ` Jo II A9 eli * `‘‘F OF CON'_ SANBORN MIXED USE DEVELOPMENT PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: I Stephen A. McLaughlin, the undersigned landowner(s), in accordance with Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: Southwest Quarter Section 26 Township 3 North Range 68 West of the 61h P.M. As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory above described to be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Mead will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Mead but is not bounded on both sides by the Town of Mead. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer, c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Mead and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification (land use) requested for the area proposed to be annexed is Mixed Use (including single-family: employment commercial: parks in Performance District 1. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application. OE L. %, CC, Owner: i1?r'�?�� . 4ricirlor Date: Z) 1,4)ez Owner. Date: Applicant: Date: STATE OF COLORADO ) ) SS. COUNTY OF 7" 7 hilfr1/S The foregoing instrument was acknowledged before me this 7c day of /7-7/ wo,P r/ 200 .A by 7r,42.40,r /1/1(2,44,-/.4.0.4 . . My commission expires: "— "S 200 3 Witness My hand and official otary Public 0 y I : rS i •• I • i •• O p : "\$ OF CO' .- Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned 8690 Wolff Ct., Ste 200 SW Quarter Section 26 Township 3 North Westminster, Co 80031 February 28, 2002 68 West, 6t" Prime Meridian r TOWN OF MEAD LAND USE CODE FORM D-2 CONCEPTUAL PLAN APPLICATION AND DECISION RECORD FOR A MAJOR LAND USE CHANGE Applicable Section(s): Copies Required: A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number. Del Camino L.L.C. 8690 Wolff Court Suite 200 Westminster, CO. 80031 303-430-1547 2. Legal description of the property proposed for the land use change: Southwest Quarter Section 26 Township 3 North 68 West, 6`" Prime Meridian 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. Existing Land Use: Agricultural 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. Medium Density Residential [MD]—306 Dwelling Units [103.3 acres] [2.96 per acre] Commercial Retail Industrial [CR/I] —53.8 Acres,.41 FAR: 694,750 square feet If the proposed land use change involves the annexation of land, the applicant must submit a petition and supporting documents in the form prescribed by C.R.S. 31-12-101, et seq. In addition, the applicant shall post a bond or other security as required by Section 17-1-4.1 of the Mead Land Use Code. 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [attach maps and sketches as necessary] See Concept Plan and Annexation Plan 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. N/A 8. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. [attach drawings as necessary] D.2FORM.WP5 October 28 1905 1 9. The fiscal impact analysis, Form D-4. 10. Provide other information that the applicant believes will assist the Planning Commission and the Board of Trustees in making a fair decision. [attach additional sheets as necessary] 11. Signature of the Applicant: By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) QFL CAm„vL CCC . Owner: ,-r-, Mr f i,v1{J≥ . /mvifr Date: P2JZ.�9c2 Owner. >> Date: Applicant: Date: (attach additional signatures as necessary) wAC t‘`` STATE OF COLORADO ) i : • r ) SS. i ▪ •• • COUNTY OF 444 4) ) /rr ; ; The foregoing instrument was acknowledged before me this day of 419,1 by<Sif-Y-/Iev7 y llLllis57,4///C/ -1,, �c ‘N, OF OQ My commission expires: /'/S-,QLG> rak Witness My hand and official se / LLZ/L /4' Notary Public APPLICANT NOT TO WRITE BELOW THIS LINE B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 4. Other Referrals: C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes[j No[] 2. The application is for a Major Land Use Change.Yes [] No [ 3. No The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ O-2FORMWP5 October 20.1995 4. If the application is for the annexation of property, has the annexation question benn submitted to, and approved by the electorate? Yes[j No[j O-ZFORM.W PS October 20.1095 3 TOWN OF MEAD LAND USE CODE • FORM D-4 FISCAL ANALYSIS (Required for all Conceptual and Final Applications) (for Major Land Use Changes) Applicable Section(s): Copies Required: Applicant's name, address and telephone number Del Camino L.L.C. • 8690 Wolff Court, Suite 200 Westminster, Colorado 80031 303-430-1547 Name of the Project: Sanborn Mixed Use Development REVENUES. A. Recurring Revenues: 1.Property Tax. Market value all sin?le family units J 61,200,00011'1 x factor [ 9.74% 1(`) = Assessed Valuation J$5,960,8801 Market value all multi-family units[ 1(t1 x facto r( 1(2) = Assessed Valuation JNA 1 Market value all mobile home units ]. 11'1 x factor J 1(2) =Assessed Valuation Lai Market value all non-residential structures [27,790,00011'1 x factor( 29% 1(2) =Assessed Valuation 1$8,059.1001 Total Assessed Valuation ($14,019,9801 Total Assessed Valuation [14,019,9801x Town mill levy (13.6 mills 1(3) = Town Property Tax Revenue ( $190,6701 Total Assessed Valuation [14,019.9801x School mill levy ( 50.452 mills 1(3) = School Property Tax Revenue J $707,3361 o'Developer's projected market value. at Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ("Contact the Town Clerk for current factors. D<FORM WPS October 20,1995 Total Assessed Valuation [14,019 9801 x Fire District mill levy ( 9.624 mills j(J) = Fire District Property Tax Revenue ( $134.9281 Total Assessed Valuation 114,019,9801x County mill levy [ 22.038 mills 1(31 = County Property Tax Revenue 1 $308.9721 Total Assessed Valuation 114.019,9801x all other mill levies ( 2.900 mills 11'1 = Other Property Tax Revenue [ $ 40.6571 Total Property Tax Revenue 1$1.382.5641 2.Sales Tax. Population in the development [ 841 1 x the last year's per capita collection ( $48.46 1'3' = total annual sales tax revenue r $40.7861 3.Water Revenue. Population in the development I 8411 x the last year's per capita collection f $144.34 1t4) = total annual sales tax revenue 1 $121,3891 4.Sewer Revenue. Population in the development 1 8411 x the last year's per capita collection J $75.21 j(3) =total annual sales tax revenue 1 $63.2511 5.Other Revenue (taxes, fees, permits, etc.). Population in the development ( 8411x the last year's per capita collection [ $65.80 1131 = total annual sales tax revenue ( $ 55,3371 TOTAL RECURRING REVENUE ($1.663,3271 B. One-Time Revenues. 1. Building Permits. Market value of structure(s) 161.200,000]"1 x factor J 1(3) = building permit revenue ( $ 918,0001 2. Use Taxes. Market value of structure(s) 161,200,000) x 50% x 2% = use tax revenue [ $ 612,0001 ")Developers projected market value. m Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ts)Contact the Town Clerk for current factors. DEFORM.WPS October 25.7995 3. Water Plant Investment. Total taps x factor[_1(31 = total PIF NA 4. Sewer Plant Investment. Total taps x factor[ 1(3) =total PIF f NA 1 TOTAL ONE TIME REVENUE [$1,530.0001 II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development [157,240] x 4% x factor f $2.287.00 ](3) = total street maintenance costs f $14,384 ] 2. Police Protection. Projected population at full development f 8411 x per capita cost of police protection f $23.87 1(41 = total police protection costs f $20.0741 3. General Government. Projected population at full development f 841] x per capita cost of general government I $87.18 ]tat = total general government costs f$ 73,3181 4. Parks and Recreation. Projected population at full development f 841] x per capita cost of park maintenance f $10.00 ]t31 = total park maintenance costs f $ 8.410] 5. Water Treatment and Delivery. Projected population at full development f 8411 x per capita cost of water treatment and delivery f $221.42 1t3t = total water costs NA 11)Developers projected market value. m Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (31 Contact the Town Clerk for current factors. 0-AFORM WP5 October b,1995 • 6. Sewer Collection and Treatment. Projected population at full development ( 8411 x per capita cost of sewer collection and treatment ( $100.20 j(3) = total sewer costs NA 7. Storm Water and Drainage. Projected population at full development ( 841] x per capita cost of storm water and drainage maintenance [ 1(3) = total storm water costs NA TOTAL RECURRING COSTS 1 5116.1861 B. One-Time Costs. 1. Park and Recreation. • Projected population at full development 1 8411 x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities J $65.00 1131 = total recreation facilities costs [ $ 54,665] 2. Water Plant. Projected population at full development f 8411 x gallons per capita [ 220 ]131 x cost per gallon of capacity [ $5.50 1(3) = total cost of water plant NA 3. Sewer Plant. Projected population at full development [ 8411 x gallons per capita [ 120 qal. ] I x cost per gallon of capacity ( $3.50 it'' = total cost of sewer plant [ NA] TOTAL ONE-TIME COSTS [ $ 54,665] TOTAL RECURRING REVENUES I $1,663,3271 TOTAL RECURRING EXPENDITURES [ $ 116,1861 DIFFERENCE 151.547,1411 TOTAL ONE-TIME REVENUES 151,530.0001 TOTAL ONE-TIME EXPENDITURES J $ 54.665] DIFFERENCE ($1,475,335] "'Developers projected market value. m Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ie'Contact the Town Clerk for current factors. 64FORM W PS October 25.1995 Ill. Signature of the Applicant. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner. 73V,Arr-) �.Pfran✓%"",, Date: ‘211,, C-2_‘211,, C-2_Owner. Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO) SS COUNTY OF A',;g 075) The foregoing instrument was ackpoyvledged before me this.18 day of/-E-32en,e-9 , 20 0 by Cri-'5-571-7,14:-=',1 /// /r1Ci/%,l 27#L, My commission expires: /-/6-2cc_3 Witness My hand and official seal. —1 p nr �7q SOY<C .tary Public i • /i i• di A • ` OF COO_ OdFORM.WPS October 28,1006 t expenses, the securing of permits and easements and the recording of documents. 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request, through the development process until final completion of the project, greater than the monies collected from the Owner in the form of land use fees, the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10) days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienhoider shall also sign the Application.) QE& 6/1 MI'pa- Ltd. -efirl4y,irk 4 vgattr Owner. �"L m, Owner. Applicant: (attach additional signatures as necessary) ATTEST: TOWN OF MEAD By Town Clerk Mayor STATE OF COLORADO ) ) SS. COUNTY OF.2,,q y-7)) — The foregoing instrument was/acknowledged before me thistee:rh day of / fi5.� C/%S//e/( 200 4_by >ii- ,fhNi7 ///l9//i4•/l/Ai!/A/ . My commission expires: /—/•S'2cc 3 _ "Wq Witness My hand and o aLseal.L`� `/ i ' �%;�OO�,.qR.�-�'9 r /mac '� 1" • rr Notary Public • i i ,UgL % D-5FORM.WP5 Octbor20.1985 1t 1N QFCO`0- 2 �� • TOWN OF MEAD LAND USE CODE FORM DS AGREEMENT FOR PAYMENT OF REVIEW AND DEVELOPMENT EXPENSES INCURRED BY THE TOWN THIS AGREEMENT, made and entered into this day of , A.D. 20_, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Del Camino ,LLC, 8690 Wolff Court, Suite 200, Westminster, Colorado, 80031 hereinafter referred to as "the Owner," WITNESSETH: WHEREAS, the Owner owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: Southwest quarter of Section 26, Township 3 North, Range 68 West of the 6th Prime Meridian WHEREAS, the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS, the Owner desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of ; and WHEREAS, the Parties hereto recognize that the land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses and recording documents;and WHEREAS, the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the project, including but not limited to engineering services, attorney fees, consultant fees, reproduction of material, securing permits and easements; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred will be made available to the Owner by the Town. Expenses charged to the Owner's account shall include, but shall not be limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. 2. EXPENDITURE OF FEES PAID BY THE OWNER. The Town shall expend the monies collected from the Owner in the form of land use fees, in the payment of expenses incurred in processing the Owner's request, through the development process until final completion of the project, including, but not limited to, fees charged to the Town for legal publications, engineering services, attorney services, consultant services, reproduction of material, public hearing O.5FORM.W P5 October 20.1995 1 Hello