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Home My WebLink About20053124.tiff Town of Mead P.O.Box 626 441 Third Street Mead"A Little Town Mead,Colorado 80542-0626 With.Big ean.<" (970)535-4477 a October 18, 2005 CERTIFIED MAIL# 7005 0390 0000 4534 1056 Weld County Attorney Atten. Lee Morrison P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on"The Highlands" Annexation to the Town of Mead. Dear Lee: Enclosed is a copy of the application, annexation maps and other supporting material for the proposed annexation of"The Highlands" Annexation to the Town of Mead. This property is located in the northwest quadrant of the Weld County Road 7 and State Highway 66 intersection. The property is immediately north of the Liberty Ranch Subdivision in Mead. The property is designated for commercial and residential development in the"2004 Mead Comprehensive Plan."The concept plan for ht property calls for 281 residential units on approximately 61 acres, with approximately 35 acres of commercial and"Village mixed use." The residential and commercial "mix"may be adjusted somewhat, depending upon the final alignment of the projected WCR 5 1/2. 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 November 23, 2005. 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, (jo, d-a V 173-2-,e/r Candace Bridgwater Town Clerk 9/27/05 6:54 pm) ( fl .-9L( - O<- 2005-3124 +.F APPLICATION FOR ANNEXATION al many. e11 D MEAD, COLORADO APPLICATION FOR ANNEXATION koey , f , Ellitszliii_i;\...NINID-- ,3 . ,,, ./.‘, MEAD, COLORADO ORIGINAL SUBMITTAL: AUGUST 3, 2OO55 REVISED SUBMITTAL: SEPTEMBER 12, 2005 REVISED SUBMITTAL: OCTOBER 17, 2OO55 TEMA TECH RMC JOB No. 3520.013.00 APPLICANT: CHATEAU CUSTOM BUILDERS, INC. "':" ' 12050 PECOS STREET 4s ` SUITE 100 WESTMINSTER, CO 80234 PREPARED BY: TETRA TECH RMC NUSZER KOPATZ 1900 SOUTH SUNSET STREET 1117 CHEROKEE STREET SUITE 1-F DENVER, CO 80204 LONGMONT, CO 80501 CjChateau Custom TETRA TECH RMC NUSZER KOPATZ 12050 at iflC. N urban . - <associoles 12050 W.Pecos St 1900S'Sl It CO ,3111E 1fcncoeoioi° Westminster CO 80234 LONGAAOMf,COi ao3 s�i.asei 303 280 9630 3J3'TT2.5682 'y al 1 I 111 All Annexation Application Mead, Colorado The Highlands Original Submittal: August 3, 2005 Revised Submittal: September 12, 2005 Revised Submittal: October 17, 2005 Table of Contents Annexation Documents 1. Conceptual Plan Application and Decision Record 2. Fiscal Impact Analysis 3. Agreement for Payment of Review Analysis 4. Agreement for Payment of Election Expense 5. Annexation Base Fees 5.1 Application Fee —Annexation 5.2 Application Fee—Concept Plan 5.3 Engineering Plans Check Fee 5.4 Cash Deposit for Reimbursement of Town's Cost 5.5 Cash Deposit for Election Costs 5.6 Cash Deposit or Letter of Credit * 6. Letter of Intent 7. Annexation Petition 7.1 Annexation Petition 7.1.1 Signatures of Landowners 7.1.2 Mailing Address of Each Signer 7.1.3 Legal Description of Land Owned 7.1.4 Date of Signature Signing 7.2 Affidavit of Circulator 8. Proof of Ownership 9. Mailing List of Adjacent Property Owners 10. Envelopes for Mailing Notices and Referrals* 11. Annexation Maps 11.1 Annexation Map 11.2 Annexation Map (3 mylar originals)* 11.3 Annexation Map Land Surveying Standards Checklist 11.4 Annexation Map (AutoCAD file) 11.5 Legal Description (word processing file) 12. Northern Colorado Water Conservancy District Petition 13. Warranty Deed for Non-tributary Water Rights 14. Annexation Impact Report 14.1 Annexation Impact Report (word processing file) 14.2 Annexation Impact Report Map 15. Concept Plan 15.1 Concept Plan 15.2 Concept Plan (1 mylar original)* 15.3 Concept Plan (AutoCAD file) II. Annexation/Development Information 1. Preliminary Soils Report 2. Preliminary Utility Plan 3. Water Rights Report 4. Statement of Community Need 5. Statement of School Impact 6. Development Impact Assessment Statements 6.1 Water 6.2 Sewer 6.3 Natural Gas 6.4 Electric 6.5 Telephone 6.6 Streets 6.7 Drainage 6.8 Law Enforcement 6.9 Fire Protection 6.10 Parks and Recreation 6.11 Environmental Considerations 6.12 Economic Development Potential 7. Development Compatibility Statements 7.1 Street Master Plan 7.2 Subdivision Plan 7.3 Comprehensive Plan 7.4 Land Use Code 7.5 Existing and Adjacent Land Use 8. Drainage Report * Item to be provided with final submittal r 8101 E.Prentice Ave.,Suite 815 12050 Pecos Street,Suite 100 Greenwood Village,CO 801 1 1 Westminster,CO 80234 (303) 771-8854 Fax (303) 694-3332 (303) 280-9630 Fax (303) 280-9640 CHATEAU Chateau Development Chateau Custom Builders www.chateau d evelopm ent.corn Town of Mead 441 Third Street PO Box 626 Mead, CO 80542 October 17, 2005 ATTENTION: Michael D. Friesen, Town Manager Dear Mr. Friesen: The following are responses to your comments of September 22, 2005 for the proposed Highlands Annexation: Staff Comments: Town of Mead—Michael D. Friesen 1. Please have the surveyor change the title on the annexation plat to merely The Highlands Annexation. Omit "No. 1." We have changed the annexation plat to reflect the revised title. 2. Please do the same for the top page of the annexation petition. Thus it will not require getting any new signature, as far as I can tell. We have revised the top page of the annexation petition as requested 3. On page 2 of the annexation impact report, please note that the bottom two districts are misnamed. They should be St. Vrain& Left Hand Water Conservancy District, and the Weld Library District (it is not a county unity). We have corrected the names of the above referenced districts. 4. If perchance you have had the opportunity to speak or meet with Janine Reid of the Weld Library District about library site planning, and if she indicates that the mixed use neighborhood oriented portion of the proposed project might be viable for a Mr. Michael D. Friesen, Town Manager October 17, 2005 Page 2 of 2 branch library site and the district is willing evaluate it, then you may add this text where and as appropriate. If it is too premature or the district is too noncommittal, then I would advise not putting anything in the text at this time. If things change by the November public hearing, then something can be said at that time. 1 have exchanged telephone messages with Janine Reid about this matter. Both parties have expressed interest in discussing the idea further, but since this conversation has not yet occurred, it does appear premature to include any references to a library branch in the annexation application text. Related Previous Staff Comments 5. Please include a cover letter that outlines new or radically changed material that were not received at the time of original submission. The major change to the submission is the addition of 56 additional single-family dwellings, which brings the total dwelling count to 437 units, rather than 381 dwelling units. We have adjusted the application narratives and analyses to reflect this revision. I believe this addresses all your comments. Please feel free to contact me with any further questions Sincerely, Margaret Barden, AICP Project Planner PROFESSIONAL EXPERTISE KURT R. ROLLIN, P.E. Civil Engineer/Project Manager/Associate EDUCATION AND SPECIAL TRAINING B.S., Civil Engineering, Colorado State University, 1982 REGISTRATIONS/CERTIFICATIONS Professional Engineer— State of Colorado No. 24802 Member—American Society of Civil Engineers QUALIFICATIONS As a Senior Project Manager,Mr. Rollin's experience is in the planning and design of land development projects, municipal utility and storm drainage projects,and site engineering for Commercial,Industrial and school site developments. His work includes: • Designing and managing land development projects • Designing and managing Commercial, Industrial and School Developments • Coordinating with intergovernmental and private business offices • Directing and managing professional staff • Conducting master drainage studies • Analyzing raw and potable water distribution systems Mr. Rollin has been involved with the design of numerous residential and industrial subdivisions and developments. Site engineering within these developments has included grading and drainage, utility and street design, and preparation of Final Construction Plans. Mr. Rollin has also been involved with designing numerous storm drainage facilities, including major channels, concrete box culverts, storm water detention facilities,dam spillways and storm sewer systems utilizing various computer programs and analytical methods. TETRA TECH,INC. MARGARET BARDEN Experience Entitlement Coordinator,Chateau Development Company,Westminster,Colorado,2005 Coordinate all aspects of the due diligence and entitlement process for leading Denver Metropolitan and North Front Range Colorado real-estate development company. Planner,City of Greenwood Village,Colorado, 2003 to 2005 Processed the majority of land development cases for community housing the Denver Technological Center (DTC), the second largest employment and technology center in the Denver Metropolitan Area, with a daytime population of 65,000 and a resident population of 14,000. Planning&Zoning Administrator,Town of Culpeper,Virginia, 1994 to 1999 Department head; directed planning program for town of 10,000, serving regional market of 140,000. Located in Washington D.C. Metropolitan Area, Blue Ridge Mountains. Long Range Planner,Town of Culpeper,Virginia, 1990 to 1994 Senior-level planner; managed comprehensive plan update and historic preservation programs. Core ➢ Land Development Planning ➢ Staff Supervision&Development Competencies ➢ Zoning and Subdivision Administration ➢ Board Staffing&Citizen Participation > Comprehensive&Issue-Specific Planning ➢ Departmental Programming&Budgeting aacation University of Virginia,Charlottesville,Virginia, 1990 School of Architecture, B.A., City Planning. University College London Bartlett School of Architecture&Town Planning. Certifications American Institute of Certified Planners(AICP) TRANSPORTATION CONSULTANTS, INC. LSC provides consulting services in all phases of transportation planning and traffic engineering throughout the western United States. With three offices in Colorado and California, the goal of the firm is to perform highly competent planning and engineering services within the transportation field.The firm is the successor to Leigh Associates and Leigh,Scott&Cleary,Inc.and has provided consulting services continuously since 1975. LSC provides services to government agencies, private organizations and individuals in traffic engineering,traffic systems management, traffic signal design, multimodal trans- portation planning, transit planning and operations, parking analysis and parking feasibility reports, parking facility design, traffic impact studies, access planning and design, and bicycle/pedestrian circulation. The firm's strength lies in the staff's broad range of professional experience.Transportation planning and traffic engineering studies requiring a timely, personal response by experienced professionals are the company's specialties.We take pride in offering the sensitivity,flexibility,and innovative ability that small firms characteristically provide best. LSC Transportation Consultants, Inc. 1889 York Street P. O. Box 5875 516 North Tejon Street Denver,CO 80206 2690 Lake Forest Road Colorado Springs, CO 80903 (303)333-1105 Tahoe City,CA 96145 (719) 633-2868 Fax: (303)333-1107 (530)583-4053 Fax: (719) 633-5430 E-mail: lsc@Jscdenver.eom Fax: (530) 583-5966 E-mail: Isc@)sccs.com E-mail: info@lsctahoe.com Web Site: http://www.lsccs.com Web Site: http://www.lsctahoe.com SERVICES OFFERED Transportation Planning In order to best serve the goals of a particular community, large or small, it is generally recognized that planning new or improved transportation services must be viewed in a comprehensive context—services or individual transportation systems are merely parts of a total system. The approach is designed to consider all possible transportation elements and to select those which best provide a solution to the problem. Trans- portation systems planning attempts to relate the reasons for travel(work,shop,etc.)and travel dimensions (trip length, etc.) with travel modes and transportation facilities. LSC applies the principles of systems management and planning to all work involving trans- portation planning for communities and proposed land use changes. Mountain Resort Transportation Planning LSC has developed an extensive list of transportation plans and elements in mountain resort communities throughout the American West,including Aspen,Vail, Squaw Valley, Mammoth Lakes,Telluride,Park City,Jackson,Steamboat Springs,and Summit County, Colorado. Working for municipalities, resort developers, and transit agencies, we have successfully developed plans and designs for roadways,parking systems,transit systems, and pedestrian/bicycle facilities. Transit Planning Careful planning of short- and long-range transit improvements, together with evaluations of all alternatives,are prerequisites to every transit program.LSC specializes in transit planning for cities, counties, and resort areas. We have experience in helping many areas start a new transit service or improve an existing service. We can also assist in the planning of non-conventional transit service such as demand-response service, route deviation, elderly/disabled transportation, or user-side programs. Transit Marketing Plans An essential element in the success of transit services is a clear, positive public image. LSC has assisted both demand-response and fixed-route transit systems in the develop- ment of efficient, cost-effective marketing programs,as well as the evaluation of existing marketing efforts. Transit Training Seminars Employee turnover in the transit industry generates an ongoing need for management training. LSC has developed a series of training seminars and workshops regarding financial planning,operations planning,the competitive contracting process,and transit demand analysis geared toward managers of small to mid-sized transit properties. Transit Operations Assistance is provided by LSC in improving the operations of existing transit systems. This may include updating bus routes and schedules,design of transit centers and park- and-ride facilities, modifications to traffic signals, improved dispatching procedures, or bus stop signing, etc. We can also assist in improving management and maintenance practices, forecasting future patronage, and developing financial and organizational plans. Transportation Facility Planning and Design LSC has extensive experience in the design and planning for intermodal centers, transit maintenance facilities, roadway, pedestrian/bicycle, and parking facility design. Our work has included programming, site design, functional design, cost estimating, and environmental analysis for a wide range of public and private clients. Parking Planning and Design Parking control can be a key strategy in achieving economic vitality, traffic congestion, air quality, and revenue generation goals. We can assist public and private agencies in the evaluation of parking demand, space requirements, control mechanisms, and development of layout plans including plans and construction cost estimates.In addition, we have had considerable experience in all aspects of parking feasibility studies including analysis of rate structures, operating costs, financing, and bond requirements. Pedestrian/Bicycle Planning The planning and preliminary design of facilities for non-motorized forms of trans- portation is becoming increasingly important. LSC has developed plans for bicycle and pedestrian facilities in a variety of urban and rural study areas, for both public and private clients. Traffic/Environmental Impact Studies There is a growing need for traffic and traffic-related impact analyses related to proposed residential,commercial,and industrial development projects.In response,local planning agencies are becoming increasingly aware of the importance of good transportation planning and the need for sound analysis of the traffic, air, and noise impacts of pro- posed developments.A well-designed internal traffic network is critical to the success of a project and the development's impact on the total community's transportation system cannot be overlooked. We provide analysis of all aspects of a proposed development's potential traffic generation,distribution, and impact characteristics, including the asso- ciated air quality and noise impact, and the identification of warranted mitigation measures. Traffic Engineering Our traffic engineering services emphasize the development of plans which integrate circulation, access, pedestrian, and parking facilities in order to optimize capacity and safety. Our experience encompasses all aspects of traffic engineering, including operations, design, and safety. Traffic Safety Our studies of traffic safety focus on the development of improvement programs which can be readily implemented. These studies include traffic accident analysis, identification of safety deficiencies, development of safe routes to school, and special needs studies and programs. Expert Testimony We frequently make technical presentations to citizens groups and government bodies. We are also fully qualified to serve in the role of expert witness for our clients. Traffic Signals The proper design, phasing, and timing of a traffic signal is critical to the efficiency and safety with which pedestrians and vehicles are able to proceed through the controlled intersection.At locations where signalized intersections are relatively close to each other, further improvements in efficiency and safety can often be achieved by linking the signals into systems. We offer the capability for the design of individual intersections and for studies of the design of signal systems.We also have the capability to produce the plans, specifications, and estimates required to implement installation of signal systems. The final steps of construction supervision and acceptance testing are also available. Traffic Data Collection LSC has been involved in a wide variety of data collection since the firm's inception. Our studies have included machine traffic volume counts, peak-hour turning movement counts, parking lot studies, vehicle classification counts, and speed and delay studies. We provide the basic services of set-up, periodic checking, and compiling the data. The firm uses the latest, state-of-the-art computer hardware and software in its computer- assisted analyses of transportation data.In addition,LSC survey crews have successfully conducted many data collection efforts regarding trail user surveys, parking accumulation and turnover surveys,as well as boarding/alighting,on-time performance, and passenger surveys for transit systems. EARTH ENGINEERING CONSULTANTS, INC. STATEMENT OF QUALIFICATIONS Since 1993, Earth Engineering Consultants, Inc. (EEC) has provided geotechnical consulting services for the full spectrum of building projects including roads and highways, subdivisions, municipal facilities, commercial development, schools, industrial parks, dams, etc. At present, EEC engineers work on over 300 exploration projects every year with those services provided predominantly in the northern Front Range area. A brief list of current/recently completed projects and associated client contacts is attached with this Statement of Qualifications. In addition to preconstruction geotechnical explorations, EEC personnel provide a wide range of construction material's testing services. With 25 technical personnel working in our Fort Collins office, EEC technicians provide services on a very wide number of projects in the northern Colorado area. Those services beginning at stripping of topsoil off a development site, continue through complete building construction and end with final paving of drive and parking areas for development. Our Fort Collins laboratory is AASHTO certified for asphalt and soils testing and 13 EEC field technicians are ACI certified for concrete testing. EEC encourages and promotes demonstration of technical competence for technicians through NICET examinations for soils, concrete and asphalt and CAPA certification for testing on state highway projects. EEC personnel are not only involved in conventional and routine testing of various materials, participation in leading edge technology is also a focus for EEC personnel. EEC is one of the few laboratories in the country capable of performing mix design and quality control testing on foamed asphalt recycling for pavement rehabilitation. EEC engineers have pioneered the use of alternative lining systems for feedlot storage lagoons in the sandhills of eastern Colorado and have been involved since the inception of EEC in the modification and stabilization of soils with additives including lime, Portland cement and Class C fly ash. At EEC, our market and focus is Front Range Colorado. We know the local market, the local geotechnical conditions, local materials, local suppliers and local government regulators. We use that knowledge along with our technical expertise to get things done for our clients in northern Colorado. Project Experience Earth Engineering Consultants, Inc. Earth Engineering Consultants, Inc. have provided subsurface exploration services and/or quality control and materials testing services for the following projects in and around the Fort Collins area and along the Northern Colorado Front Range area. * Centre Avenue Extension (Fort Collins) * Rigden Farm Subdivision (Fort Collins) * Fossil Lake Ranch Subdivision (Fort Collins) * 10th Avenue Overlay (Greeley) * 59th Street Bridge Evaluation (Greeley) * 4th Street Improvements (Greeley) * "F" Street Reconstruction (Greeley) * City of Greeley Asphalt Quality Control Contract for the year 2000 Project Experience Earth Engineering Consultants, Inc. Earth Engineering Consultants, Inc. personnel have provided subsurface exploration services and/or quality control and materials testing services for the following projects in and around the Fort Collins area and along the Northern Colorado Front Range area. • Poudre School District Facilities Building • 2004 High School— Poudre School District Provided subsurface exploration and quality control services for new facilities. Contact: PSD, John Little 490-3198 • Centre Avenue Extension (Fort Collins) Provided subsurface exploration and quality control services for construction of a new roadway extending from Research Blvd. to Prospect Rd. Contact: CSURF, Kathleen Byington 482-2916 • Rigden Farm Subdivision (Fort Collins) Provided subsurface exploration and quality control testing for site development, including utility and infrastructure installation and foundation recommendations. Contact: Wheeler Construction Services, Ken Snee 225-9194 • Fossil Lake Ranch Subdivision (Fort Collins) Provided subsurface exploration and quality control testing for site development, including utility and infrastructure installation and foundation recommendations. Contact: Everitt Companies, Stan Everitt 226-1500 • City of Greeley Laboratory Testing (Term Contract) Provided laboratory materials testing services for miscellaneous projects in the Greeley area. Contact: City of Greeley Engineering Department, Dennis Wagner (970)336-4087 • Larimer County (Term Contract) Provided laboratory materials testing for miscellaneous paving projects in Larimer County. Contact: Larimer County Engineering Department, Todd Juergens 498-5711 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 Chateau Development Company; 12050 Pecos Street, Suite 100; Westminster, CO 80234 303-286-9630 2. Legal description of the property proposed for the land use change: See Exhibit A (Attached) 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. Agricultural and Single Family Residential 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. 337 detached single-family residential units; 100 attached single-family residential units (within the Village Mixed Use classification); 34 acres of general/neighborhood commercial and Village Mixed Use, of which 20.32 acres are attributed to the Village Mixed Use classification If the proposed land use change involves the annexation of land, the applicant must submit a petition and supporting documents in the form prescribed by C.R.S. 31-12-101, et seq. In addition, the applicant shall post a bond or other security as required by Section 16-20-1 of the Mead Municipal 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] 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. 8. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. [attach drawings as necessary] 9. The fiscal impact analysis, Form D-4. C:\DOCUME-1\Margaret\LOCALS—l\Temp\Temporary Directory 2 for Annexation Application Submittal-09-12-05.zip\Annexation 1 Application Submittal-09-12-05\D-2 Form-Conceptual Plan Application and Decision Record.doc 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] Please refer to the attached Letter of Intent as well as the detailed narrative statements and reports provided as part of the annexation application. 11. Signature of the Applicant: By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner: Date: Ja ' 0.13.Owner: W 7111‘,Date:,,Date: 9/7/03— Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO ) SS. OUNTY OF (. 04-40-4.. oregoing instrument�was acknowledged before me tç his /,a#1-May of S, 20 O S AC M co mission expires: O( c0/DOOR F UL)C VV W' ee My hand and official seal. p(J�� !o Notary Public t OF CO. 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[] No 1] ] 2. The application is for a Major Land Use Change. Yes[] No[] 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ ] No[] 4. If the application is for the annexation of property, has the annexation question benn submitted to, and approved by the electorate? Yes[] No[] H:\3520_013 Highlands Property\AnnexationWmexation Application Submittal-09-I2-05\D-2 Fonn-Conceptual Plan Application and 2 Decision Record.doc 5. The application is: [ ]approved [ ]disapproved [ ]approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Planning Commission of Mead, Colorado,this_day of , 20_ ATTEST: Secretary to the Commission Chairman E. Action by the Board of Trustees. 1. The application is complete. Yes[ ] No[ 2. The application is for a Major Land Use Change.Yes[ ] No[ ] 3. The[ ,requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ ] N4. The application is: [ ]approved [ ]disapproved [ ] approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead, Colorado, this_day of ,20_ ATTEST: Town Clerk Mayor H:U520_013 Highlands Property Annexation\Annexation Application Submittal-09-12-05\D-2 Form-Conceptual Plan Application and 3 Decision Record.doc TETRATECH RMC EXHIBIT A HIGHLAND PROPERTY A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 21,THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTH HALF OF SECTION 28,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SECTION 21,WHENCE THE CENTER ONE- QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 89°03'26"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 89°03'26"EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°20'46"EAST 1876.60 FEET TO A POINT ON THE NORTH LINE OF THE SAINT VRAIN VALLEY SCHOOL DISTRICT HIGH SCHOOL NO. 5, ANNEXATION NO. 1 TO THE TOWN OF MEAD; THENCE ALONG THE NORTH LINE OF SAID ANNEXATION NO. 1 SOUTH 89°39' 14"WEST 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.7; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°20'46"EAST 672.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO.66 THE FOLLOWING 4 COURSES; 1)ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 11415.00 FEET,A CENTRAL ANGLE OF 02°29' 50"AND A CHORD WHICH BEARS SOUTH 85°50'39"WEST 497.49 FEET),A DISTANCE OF 497.53 FEET; 2)SOUTH 84° 35'42"WEST 1263.25 FEET; 3)ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11505.00 FEET,A CENTRAL ANGLE OF 04°21'59" AND A CHORD WHICH BEARS SOUTH 86°46'30"WEST 876.59 FEET),A DISTANCE OF 876.80 FEET; 4) SOUTH 88°57'25" WEST 531.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD THE FOLLOWING 2 COURSES; 1)NORTH 19° 39'50"EAST 1757.88 FEET; 2)NORTH 00°21'52" WEST 1065.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD AND THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID NORTH LINE NORTH 89°03'26"EAST 2590.33 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 168.815 ACRES,MORE OR LESS. R:\3520_013 HIGHLAND\dwg\Survey\HIGHLAND ANNEX LEGAL LET' 1900S.Sunset 5ireet,5uite i-F Longmont,CO80501 Te1:303.7725282 www.ttrtnc.com www.ttrrnc.com 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: Chateau Development Company: 12050 Pecos Street, Ste. 100,Westminster, CO 80234 The Highlands Name of the Project: REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units [$84,300,000](1) x factor[ 9.74% ](�) =Assessed Valuation [$8,210,820] Market value all multi-family units[ $20,000,000 ](') x facto r[ 9.74% ](�) = Assessed Valuation [$1,948,000 I Market value all mobile home units[ Ito x factor[ 9.74% ]t�)=Assessed Valuation [ NA Market value all non-residential structures [ $12,000,000](1) x factor( 29% ](2)=Assessed Valuation [ $3,480,000] Total Assessed Valuation [ $13,638,820] Total Assessed Valuation [$17,456,000] x Town mill levy [ 13.369 mills 1°) = Town Property Tax Revenue L$182,337] Total Assessed Valuation [$17,456,000]x School mill levy [ 42.173 mills In= School Property Tax Revenue [ $559,533 ] "r Developer's projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. @)Contact the Town Clerk for current factors. Total Assessed Valuation [ 17,456,000 )x Fire District mill levy [ 8.367 mills 1{31= Fire District Property Tax Revenue [ $114,116 1 Total Assessed Valuation [ 17,456,0001 x County mill levy [ 22.038 mills 1(3) = County Property Tax Revenue ( $30,057 Total Assessed Valuation O7,456,000 1 x all other mill levies [ 4.552 mills 1(3( Other Property Tax Revenue [ $62,083 1 Total Property Tax Revenue f 948,127 1 2. Sales Tax. Population in the development( 1143 1 x the last year's per capita collection f $48.46 113) = total annual sales tax revenue [ $55,390 1 3. Water Revenue. Population in the development[ 1143 Ix the last year's per capita collection f $144.34 1w) =total annual sales tax revenue I NA 1 4. Sewer Revenue. Population in the development[ 1143 1 x the last year's per capita collection J $75.21 1(3) = total annual sales tax revenue [ NA 1 5. Other Revenue(taxes,fees, permits, etc.). Population in the development[ 1143 ]x the last year's per capita collection [ $65.80 113) = total annual sales tax revenue f $69,090 ] TOTAL RECURRING REVENUE [ $1,078,726 B. One-Time Revenues. 1. Building Permits. Market value of structure(s) [ 116,300 000 1(')x factor J .0099375 + $30.00/BP ]t3) = building permit revenue [ 1,167,731 2. Use Taxes. Market value of structure(s) [ 116,300,000 ](1) x 50% x 2% = use tax revenue [$1,163,000 1 m Developer's projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (3)Contact the Town Clerk for current factors. 3. Water Plant Investment. Total taps x factor[ $5,100.00 1t3'=total PIF [ NA 4. Sewer Plant Investment. Total taps x factor[ $3,000.00 1(3)=total PIF ( NA 1 TOTAL ONE TIME REVENUE [ 2,330,731 1 II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in develo,pment f 168 ] x 4% x factor [ $2,287.00 1' =total street maintenance costs [ $16,369 j 2. Police Protection. (stop) Projected population at full development[ 1143 x per capita cost of police protection [ $23.87 1131 = total police protection costs [ $27,283 1 3. General Government. Projected population at full development[ 1143 1 x per capita cost of general government[ $87.18 It3) =total general government costs ( $99,6471 j 4. Parks and Recreation. Projected population at full development[ 1143 1 x per capita cost of park maintenance f $10.00 1131 =total park maintenance costs f $11,430 Projected population at full development[ 1143 1 x per capita cost of recreation program 1 $50.00 1(31 =total recreation program costs [ $57,150 1 5. Water Treatment and Delivery. Projected population at full development[ 1143 1 x per capita cost of water treatment and delivery[ $221.42 1(31 = total water costs ( NA 1 (1)Developer's projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. °I Contact the Town Clerk for current factors. 6. Sewer Collection and Treatment. Projected population at full development( 1143 x per capita cost of sewer collection and treatment[ $100.20 ](3)=total sewer costs [ NA ] 7. Storm Water and Drainage. Projected population at full development( 1143 x per capita cost of storm water and drainage maintenance ( ](3)=total storm water costs [ NA ] TOTAL RECURRING COSTS I $210,879 ] B. One-Time Costs. 1. Park and Recreation. Projected population at full development( 1143 1 x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities J $65.00 ]t3' =total recreation facilities costs [ $371,475 ] 2. Water Plant. Projected population at full development( 1143 ) x gallons per capita [ 220 )tat x cost per gallon of capacity [ $5.50 ](3'= total cost of water plant [ NA 3. Sewer Plant. Projected population at full development[ 1143 x gallons per capita [ 120 gal. Ica)x cost per gallon of capacity[ $3.50 ](')=total cost of sewer plant [ NA ] TOTAL ONE-TIME COSTS [ $371,475 ] TOTAL RECURRING REVENUES [ $1,078,7261 TOTAL RECURRING EXPENDITURES [ $210,879 ] DIFFERENCE [ $867,847] TOTAL ONE-TIME REVENUES [ $2,330,731 TOTAL ONE-TIME EXPENDITURES [ $371,4751 DIFFERENCE ( $1,959,256] *****f#**********************f##*k****f#ki*k******if********************* "I 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. i-' (a)Contact the Town Clerk for current factors. 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: Date: Owner: Date: Owner: Date: Owner: Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by My commission expires: Witness My hand and official seal. Notary Public TOWN OF MEAD LAND USE CODE FORM D-5 AGREEMENT FOR PAYMENT OF REVIEW AND DEVELOPMENT EXPENSES INCURRED BY THE TOWN THIS AGREEMENT, made and entered into this'c day of� , A.D. 205, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and CHATEAU CUSTOM BUILDERS, INC. , hereinafter referred to as "the Owner/Developer;" WITNESSETH: WHEREAS, the Owner/Developer owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 21, THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTH HALF OF SECTION 28,TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SECTION 21,WHENCE THE CENTER ONE-QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 89° 03' 26"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 89° 03' 26" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00° 20' 46" EAST 1876.60 FEET TO A POINT ON THE NORTH LINE OF THE SAINT VRAIN VALLEY SCHOOL DISTRICT HIGH SCHOOL NO. 5, ANNEXATION NO. 1 TO THE TOWN OF MEAD; THENCE ALONG THE NORTH LINE OF SAID ANNEXATION NO. 1 SOUTH 89° 39' 14"WEST 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°20' 46" EAST 672.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66 THE FOLLOWING 4 COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11415.00 FEET, A CENTRAL ANGLE OF 02°29'50"AND A CHORD WHICH BEARS SOUTH 85° 50' 39"WEST 497.49 FEET), A DISTANCE OF 497.53 FEET; 2) SOUTH 84° 35'42"WEST 1263.25 FEET; 3) ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 11505.00 FEET, A CENTRAL ANGLE OF 04°21' 59"AND A CHORD WHICH BEARS SOUTH 86° 46' 30"WEST 876.59 FEET), A DISTANCE OF 876.80 FEET; 4) SOUTH 88° 57'25"WEST 531.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD THE FOLLOWING 2 COURSES; r D-5 Form-Agreement for Payment of Review Expenses(2) Reviser': 1/6/03(10:30 pm) Page 1 of 4 1) NORTH 19° 39' 50" EAST 1757.88 FEET; 2) NORTH 00°21' 52"WEST 1065.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD AND THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID NORTH LINE NORTH 89°03'26" EAST 2590.33 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 168.815 ACRES, MORE OR LESS. WHEREAS,the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS,the Owner/Developer desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of ; and WHEREAS,the Parties hereto recognize that the cash deposits and non-refundable land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, planning services, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses and recording documents;and WHEREAS,the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the development project; NOW,THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies collected and expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred and the balance remaining in the account will be made available to the Owner/Developer by the Town. 2. EXPENDITURE OF FEES PAID BY THE OWNER/DEVELOPER. The Town shall expend the monies collected from the Owner/Developer in the form of land use fees and cash deposits, in the payment of expenses incurred in processing the Owner/Developer's request, throughout the development process until final completion of the project. Expenses shall include, but not limited to, fees charged to the Town for legal publications, planning services, engineering services, attorney services, consultant services, reproduction of material, public hearing expenses,the securing of permits and easements and the recording of documents. Any cash deposits held by the Town and not expended, will be refunded to the Owner/Developer, without interest, upon completion or termination of project. 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER/DEVELOPER. In the event that the Town incurs expenses for the review of the Owner/Developer's request, greater than the monies collected from the Owner/Developer in the form of land use fees and cash deposits, the Owner/Developer shall reimburse the Town for the additional expenses and/or replenish the cash deposits to the level specified. Said reimbursement and/or replenishment shall D-5 Form-Agreement for Payment of Review Expenses(2) Revised 1/6/03(10:30 Pm) Page 2 of 4 be made within ten (10)days of the Town submitting an invoice for the expenses, or a demand for the replenishment of the cash deposit. Failure by the Owner/Developer to pay within the specified time shall be cause for the Town to cease processing the application, or deny the Owner/Developer of the right to appear before Planning Commission or the Board of Trustees, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner/Developer may terminate his application at any time by giving written notice to the Town.The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner/Developer will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner/Developer fails to pay the fees required herein when due,the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18%per annum. 6. PERSONAL GUARANTY. At the option of the Board of Trustees,the Owner/Developer may be required to provide a personal guaranty for the payment of review and other expenses. 7. ORIGINAL COUNTERPARTS. This Agreement may be executed as counterparts, each of which will be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,the Town and the Owner/Developer have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby agreed to be bound by the terms and conditions of this agreement. (Signature Instructions:And additional signature lines and notary certificates for each signature.) TOWN OF MEAD OWNER/DEVELOPER Chateau Custom Builders By - By Richard E. Kraemer, Mayor ATTEST: Steve Steele, Vice President By Candace Bridgwater, Town Clerk D-5 Form-Agreement for Payment of Review Ejenses(2) Revised: 1/6/03(10:30 pm) Page 3 of 4 STATE OF COLORADO ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by as Mayor and as Town Clerk of the Town of Mead. My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) )SS. COUNTY OF RDf SS) The foregoing instrument was acknowle ed before me this 12t"day of S.vicrnbc.r , 20 C?6by `J\t Ske.k. as \I iC_Q `if9 J;C4G V My commission expires: O(.2CU? Witness my hand and official seal. Notary Public JAIME J. MIDDLETON NOTARY PUBLIC STATE OF COLORADO My Commission Expires 6/06/2006 D-5 Form-Agreement for Payment of Review Expenses(2) Revised 1/6/03(10:30 Mn) Page 4 of 4 TOWN OF MEAD LAND USE CODE Form D-6 AGREEMENT FOR PAYMENT OF ANNEXATION ELECTION EXPENSES THIS AGREEMENT, made and entered into this 12-day of S€ hem .D. 20?$ by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and CHATEAU CUSTOM BUILDERS, INC., hereinafter referred to as "the Applicant," WITNESSETH: 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: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 21, THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTH HALF OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SECTION 21, WHENCE THE CENTER ONE-QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 89° 03' 26"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 89° 03' 26" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°20' 46" EAST 1876.60 FEET TO A POINT ON THE NORTH LINE OF THE SAINT VRAIN VALLEY SCHOOL DISTRICT HIGH SCHOOL NO. 5, ANNEXATION NO. 1 TO THE TOWN OF MEAD; THENCE ALONG THE NORTH LINE OF SAID ANNEXATION NO. 1 SOUTH 89° 39' 14"WEST 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°20'46" EAST 672.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66 THE FOLLOWING 4 COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11415.00 FEET, A CENTRAL ANGLE OF 02° 29'50"AND A CHORD WHICH BEARS SOUTH 85° 50' 39"WEST 497.49 FEET), A DISTANCE OF 497.53 FEET; 2) SOUTH 84° 35' 42"WEST 1263.25 FEET; 3) ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 11505.00 FEET, A CENTRAL ANGLE OF 04° 21' 59" AND A CHORD WHICH BEARS SOUTH 86° 46' 30"WEST 876.59 FEET), A DISTANCE OF 876.80 FEET; 4) SOUTH 88° 57'25"WEST 531.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD THE FOLLOWING 2 COURSES; 1) NORTH 19° 39' 50" EAST 1757.88 FEET; D-6FORM W P5 October 26.1995 2) NORTH 00°21' 52"WEST 1065.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD AND THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID NORTH LINE NORTH 89° 03'26" EAST 2590.33 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 168.815 ACRES, MORE OR LESS. 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 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. 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. D-6FORM.WP5 October26.1995 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 attorneys 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—Ch u Cus uilders THE TOWN OF MEAD By By Its Vice President Its And �{ _n ATTEST: By fQ 6v \J I •�3J 7�^� By Its 1 ^ its o-sFORM WP5 October 26,1995 8101 E.Prentice Ave.,Suite 815 12050 Pecos Street,Suite 100 Greenwood Village,CO 801 I I Westminster,CO 80234 (303) 771-8854 Fax (303) 694-3332 (303) 280-9630 Fax (303) 280-9640 CHATEAU Chateau Development Chateau Custom Builders www.c h atea u d eve l o p m e n t co m HAND DELIVERED Mead Board of Trustees Town of Mead PO Box 626 Mead, CO 80542 October 17, 2005 RE: Letter of Intent Highland Annexation Dear Town Board Members: On behalf of Chateau Custom Builders, Inc., I welcome the opportunity to present for your consideration the attached application for the annexation of approximately 169 acres of land into the Town of Mead, Colorado. The proposed annexation master plan comprises one parcel of land currently located in unincorporated Weld County, one mile west of Interstate-25 on the northwest corner of State Highway 66 and Weld County Road 7. (See attached vicinity map.) Proposed Land Uses The proposed master plan is a conceptual long-range plan for the construction of approximately 337 low to medium density single-family residences, 17 acres of neighborhood and general commercial uses, and 18 acres of neighborhood-oriented mixed uses. The final configuration and variety of the neighborhood-oriented mixed land uses are proposed to develop flexibly, according to the community's needs. In preparing the land use proposal and annexation request, Chateau's design team carefully considered the Town of Mead's future land use plan as depicted in the Town of Mead 2004 Comprehensive Plan. We also considered the character and pattern of surrounding land uses, in recognition that future development should be compatible with both existing and planned development in the area. To this end, the master plan reflects an appropriate Board of Trustees Members October 17, 2005 Page 2 of 3 land use plan which gradually increases in land use density and intensity away from the Town of Mead's existing residential areas. The proposed land use system will effectively serve as an excellent buffer and transition between the existing very low residential land uses to the north and east of the Highland property, and the more urban scale development proposed for and/or already approved for areas south and west of State Highway 66. Traffic and Access The master plan includes a total of five access points to the proposed community - two accesses from State Highway 66 (SH 66), two accesses from Weld County Road 7 (WCR 7), and one access from the future alignment of Weld County Road 5 %z (WCR 5 %z). Preliminary discussions of the proposal with both the Colorado Department of Transportation and the Town of Mead staff have been positive with the understanding that improvements along SH 66 and WCR 7 necessary to serve the development will be constructed by Chateau Development. The master plan's network of internal streets is envisioned as a well-connected system of neighborhood scale, curvilinear streets. Chateau's design team feels that meandering streets will promote the creation of a desirable community character that will be compatible with the existing residential and rural character of the surrounding area. The proposed meandering street system will also promote safer traffic speeds within the community. Landscaping and Open Space Chateau's design team understands that one of the most important components of a successful community is its curb appeal and amenities. Thus, as customary of all Chateau Development communities,the preliminary master plan conceptualizes a generous landscaping and open space plan consisting of approximately 30 acres. The master open space plan reflects landscaping and buffering around the entire perimeter of the community, as well as an interconnected system of neighborhood and linear parks, programmed for both passive and active recreational uses. Buildings and Architecture Chateau Development takes great pride in the quality of building construction and design utilized throughout all of its communities. For this particular project, Chateau's design team proposes to develop architectural prototypes reminiscent of the rural and small community character of Mead. To accomplish this, the final plan of the community will stipulate both appropriate residential and commercial architectural controls, which will promote both variety and continuity in building design, the use of high quality building materials, and the use of architectural features appropriate to the scale and character of Board of Trustees Members October 17, 2005 Page 3 of 3 the Town of Mead. A variety of local builders that understand the architectural character and patterns of the area will also be encouraged to participate in the construction of our community in order to achieve our architectural design objectives. Water and Sewer Service According to the local water and sewer districts, water and sewer service are readily available to the Highland property. The Highland property will be served by Longs Peak Water District and the Saint Vrain Sanitation District. Letters of intent to serve have been provided by both districts. In closing, Chateau Custom Builders is committed to working with the Board of Trustees and the Town of Mead staff to develop a master planned community that Mead citizens will welcome. We would appreciate your support of this application. Please contact me with questions and requests for additional information at (303) 280-9630 Ext. 106. Thank you very much for your time and consideration. Sincerely, r Margaret Barden, AICP Project Planner Attachments: Vicinity Map Annexation Application C: Michael D. Friesen, Town Manager Monaov. SeoI 1005 11'.30'.03 AM DRAWING: R\3520_013 HIGHLAND\dwg\'SHEETS\ANNEXATION MAP DWG LAYOUT: VICINITY A. O D o r Fri _ Count Rd 3 1" ; / V h ' s Z o n Ri J rn cn o 0 t J o County Rd 5 a Cr, Z eet V 3 L/ ter h V h r ro o�lr�a ❑ co 0 T County Rd 7 J f ❑ 1 l° i V I Ell J Sz N VIUI1A Ti n g13 nn n THE HIGHLANDS ANNEXATION PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We, Larry and Geraldine Highland, 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: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 21, THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTH HALF OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SECTION 21, WHENCE THE CENTER ONE-QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 89° 03' 26"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 89° 03' 26" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00° 20' 46" EAST 1876.60 FEET TO A POINT ON THE NORTH LINE OF THE SAINT VRAIN VALLEY SCHOOL DISTRICT HIGH SCHOOL NO. 5, ANNEXATION NO. 1 TO THE TOWN OF MEAD; THENCE ALONG THE NORTH LINE OF SAID ANNEXATION NO. 1 SOUTH 89° 39' 14" WEST 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00° 20' 46" EAST 672.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 66 THE FOLLOWING 4 COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11415.00 FEET, A CENTRAL ANGLE OF 02° 29' 50"AND A CHORD WHICH BEARS SOUTH 85° 50' 39"WEST 497.49 FEET), A DISTANCE OF 497.53 FEET; 2) SOUTH 84° 35 42"WEST 1263.25 FEET; 3) ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 11505.00 FEET, A CENTRAL ANGLE OF 04° 21' 59" AND A CHORD WHICH BEARS SOUTH 86°46' 30"WEST 876.59 FEET), A DISTANCE OF 876.80 FEET; 4) SOUTH 88° 57' 25"WEST 531.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD THE FOLLOWING 2 COURSES; 1) NORTH 19° 39' 50" EAST 1757.88 FEET; 2) NORTH 00° 21' 52"WEST 1065.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD AND THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID NORTH LINE NORTH 89° 03' 26" EAST 2590.33 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 168.815 ACRES, MORE OR LESS. As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory described above 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. a 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 low-density single-family residential, low to medium density single-family residential neighborhood and general commercial. and neighborhood-oriented mixed uses 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.) Owner: v� •�v� �� /// Date: p Owner�'J c�4�1tL!!- Date: e��OS Applicant: Date: STATE OF COLORADO SS. COUNTY OF RA Q ) he foregoing instrument was acknowledged bef re me this 1k day of S . Zoo by Leh cr�, /-1-4,5k �A.,� c r A Cen z do r 114*9 (avj Pw bQ c2a My commission expires: O C� 2 / aov Witness My hand and official seal. n _ //{,_ Notary Public .OT'4R t+r • • I qty AuBLCI % ��h� •FC'� •_ Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned 2571 Highway 66 Longmont, CO 80504 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF , 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 SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 200_by My commission expires: Witness My hand and official seal. Notary Public Land Title Guarantee Company CUSTOMER DISTRIBUTION id Title y:W RANI EL COMPANY Date: 08-26-2005 Our Order Number: FCC25051613-6 Property Address: 2571 HIGHWAY 66 MEAD If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: For Closing Assistance: For Further Assistance: Ft. Collins "FCC" Unit Linda Scamporino Marci Gustafson Dan Greenfield 3033 E 1ST AVE#600 Phone: 303-331-6237 772 WHALERS WAY#100 PO BOX 5440 Fax: 303-331-6345 FORT COLLINS, CO 80525 DENVER, CO 80206 EMail: mgustafson@ltgc.com Phone: 970-282-3649 Phone: 303-331-6234 Fax: 970-282-3652 Fax: 303-331-6366 EMail: dreenfeld@ltgc.com EMail: Icamporino@Itgc.com PRUDENTIAL LTM REALTORS LARRY AND GERALDINE HIGHLAND 275 S MAIN ST#100 2571 HWY 66 LONGMONT, CO 80501 LONGMONT, CO 80504 Attn: DAVID SCHWIND Copies: 1 Phone: 303-772-2222 Sent Via US Postal Service x: 303-772-1377 ..opies: 1 Sent Via US Postal Service CHATEAU CUSTOM BUILDERS INC LAND TITLE GUARANTEE COMPANY 12050 PECOS STREET#100 3033 E. 1st Ave. #600 WESTMINSTER,CO 80234 DENVER,CO 80206 Attn: STEVE STEELE Attn: Linda Scamporino Phone: 303-280-9630 Phone: 303-321-1880 Copies: 1 Fax: 303-322-7603 EMail: m.barden@chateaudevelopment.com Copies: 1 Sent Via EMail EMail: Iscamporino@Itgc.com PRUDENTIAL LTM REALTORS CHATEAU DEVELOPMENT CO 275 S MAIN ST#100 12050 PECOS ST LONGMONT, CO 80501 STE 100 Attn: DAVID SCHWIND WESTMINSTER CO 80234 Phone: 303-772-2222 Attn: MARGARET BARDEN Fax: 303-772-1377 Copies: 1 Copies: 1 EMail:m.barden@chateaudevelopment.com EMail:dave@daveschwind.com SentVia USPostal Service ..Sent Via EMail r Land Title Guarantee Company a�� Date: 08-26-2005 Ind Title Our Order Number: FCC25051613-6 -ARANTEE COMPANY Property Address: 2571 HIGHWAY 66 MEAD Buyer/Borrower: CHATEAU CUSTOM BUILDERS, INC. Seller/Owner: LARRY L. HIGHLAND Wire Information: Bank:FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone:303-237-5000 Credit:LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account:2160521825 Attention:Linda Scamporino Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. Need a map or directions for your upcoming closing?Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES Alta Owners Policy 10-17-92 $2,915.00 Deletion of Standard Exception(s) (Owner) $100.00 Endorsement 103.7 STREET (Owner) $100.00 Tax Report $50.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $3,165. 00 Form Co@ACr 06/01 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. FCC25051613-6 Schedule A Cust. Ref.: Property Address: 2571 HIGHWAY 66 MEAD 1. Effective Date: August 22, 2005 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $3,200,000.00 Proposed Insured: CHATEAU CUSTOM BUILDERS, INC. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LARRY L. HIGHLAND 5. The land referred to in this Commitment is described as follows: THE SE 1/4 AND THAT PART OF THE SE 1/4 OF THE SW 1/4, OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING EASTERLY OF THE RIGHT OF WAY GRANTED TO NORTHERN CONSTRUCTION COMPANY BY INSTRUMENTS RECORDED IN BOOK 228 AT PAGE 109 AND IN BOOK 212 AT PAGE 163 AND LYING NORTHERLY OF THE TRACT DESCRIBED IN RULE AND ORDER TO COLORADO DEPARTMENT OF HIGHWAYS RECORDED IN BOOK 1588 AT PAGE 479 ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. FCC25051613-6 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. WARRANTY DEED FROM LARRY L. HIGHLAND TO CHATEAU CUSTOM BUILDERS, INC. CONVEYING SUBJECT PROPERTY. 2. TO ISSUE FORM 100.31: PROVIDE COPY OF MINERAL SEARCH, PROVIDE RECORDED SURFACE OWNERS AGREEMENT BETWEEN ALL MINERAL OWNERS AND LEASEHOLD OWNERS, APPROVAL OF COMPANY'S LEGAL DEPARTMENT OF ABOVE. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED IMPROVEMENT SURVEY PLAT OR AN ALTA SURVEY. ***NOTE SURVEY MUST SHOW ABUTTING STREETS AND ACCESS TO PROPERTY ** MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF LARRY L. HIGHLAND. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF CHATEAU CUSTOM BUILDERS, INC.. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2004 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED AND ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS. ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FCC25051613-6 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. Liens for unpaid water and sewer charges, if any. 9. RIGHT 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, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 10. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED MARCH 15, 1897, IN BOOK 114 AT PAGE 545. 11. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO IN INSTRUMENT RECORDED NOVEMBER 08, 1930, IN BOOK 802 AT PAGE 328. 12. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED NOVEMBER 08, 1930, IN BOOK 902 AT PAGE 329. 13. RIGHT OF WAY EASEMENT AS GRANTED TO LONGS PEAK WATER ASSOCIATION IN INSTRUMENT RECORDED AUGUST 22, 1960, IN BOOK 1564 AT PAGE 463. OIL AND GAS LEASE RECORDED JANUARY 09, 1980 UNDER RECEPTION NO. 1813795 IN ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FCC25051613-6 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: BOOK 892 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. AND CORRECTION RECORDED SEPTEMBER 3, 1982 AT RECEPTION NO. 1899408 IN BOOK 974. 15. OIL AND GAS LEASE RECORDED APRIL(13, 1980 UNDER RECEPTION NO. 1821279 IN BOOK 899 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 16. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF POOLING RECORDED FEBRUARY 17, 1983 AT RECEPTION NO. 1917824 IN BOOK 989. 17. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO IN INSTRUMENT RECORDED JANUARY 26, 1984, UNDER RECEPTION NO. 1954196 IN BOOK 1019. LAND TITLE GUARANTEE COMPANY r"" DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: * Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. * Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. 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LG.P)a--e .& d/,' lrI rnr._x 1.Q 1. �Ga6vc,�..t}/c.a.JL(- I. _r1.-C.4 J2e}c Cf./orI;.1d a MI • ✓G.i 11,ELL . i;,"v,l-w•,!(;- arh'Cara,,'..,_ ! ./aJ --'U/11,<C..__._. ..._._aM 6rmeWratarada.a) e1r.Ard pare. A ) '. r awl. 84 91014424.,..,,, ,.rd......c.tai..A< a.v -en W.w._...... � CT.\TE0,..COfAI O 1 .rW'P,lu4'G„;�-'rti.`/�12,."""�'y". -lW a4 a TII QoI-Ct 'rr fleearrr,(Inl J.,rtanlnl ; � I 7 ..Ail re. it. )>fn.. 1?. ra,J .. .. _ _.._ _. _. a. ad s. _... f f rz.,r. _... _._.... _ - I 5%•.SLJ" aJ fhe Cmaely of.. -.._... _._. •err fC. of ..esemM tnrr, h, ` _.11'r 1:PtaFr rn. nr.re the ,id 1^rr_,y ,rl the AM 1^rr.for foul ,.. raarr,re•.•rma of the1�. Cr < 0 Dada, F!... ro el. t/ r. y. (Ir_( / e 1 /1 !i/tl i/vr !I !r I U it••.L sea.¢Ln<Ly mnlrueue rnvr ao-A nor I a l r .d l / 1 I I ynf t OI rT-C/_f IIr II t l r rl I f !_Gp reteas t[ rrl and `+ ',--.:7,:...,,i,i,-.„.4 OIJTC/l/I .nnr r. _ -/, I /O . rr I {a- T 21,a °"�Lre, ,,fo /tt lA<nhl.title rrar<re,gd Idmr.md :. drirht '1r I .14 oJUerp P./I O .v.a.rll //c futlovin dacn4ne rL<m el,ralclyve and (fl LN � rLe Cm a.,a!Il rlrl.rrrd \en'a rl Grlonnlo.lm •!- ' a J/v 1 c, (a A fr7f1'i-Ii PJ jetr ..r ,„,..,,,,-4--i/ e1(Ye ._,i dca.l( e-1eI O., .i8- ,/e/ri G,;-t 9.,..,-,,...41,--„..9(,./11 5d w,t.(-✓4-rte., (4) nur,(4 'lle,w1- J e,j _i t�!e4Yl Yrcat of tie J e(l..,,-w .w(r.t „�...„era-.-- o(es„a,r:G.-< f.,.fia _ li ,r,• s„.1... ,-yet of - rt..,ra_4 a...e JuGE 5 % ,/;.e ms :p�r,.4 r•.: �L.-.61 ..I.(..c../.“..... ! .,.. ✓:e..-te--.fie.,._ ,—cow 1,2-Coos a/• rl<..r.rz 4.,,e4 .tr.,C.<()-,/< l:T.LA o <.,. /_Nom(/ •r ,.,,a..et— (✓e o16%f<,<,.a(,..-r.a.< -I.....-d.G e-.e.cL j'N.&lienn ra/.ctt 1 tl', '/7o¢th `Ia C pa konta•,/1,N-,,:f.ab.c Lae .wed...L. < ✓r.. i......-..-e-,:(.a.---., I i Ja*6{Ieho.% ( f Kt r!, 1;...,,.,I n,,-,e z tit,t 1...0..c/.1rrr.r. &.a;elt.a,.«ti.e,ea.a_..,.app:<t-- - t.1.,_ (� ( 11 (44 i.,J 1, ele ..r If, w/..—.<r.�icl...n. 5-a,-.—...4..,, meta'1 .Crta! L`—FF, -vn. a.. TO IIAI r.IXII TO Im(A TIJL.CIME T le2<e with all rout dnculne the annarlenanc,and prtmkees themuato beloee g o , •n ` x e thereto/22 p,(c!, r and all Ure errare •,Hf.fill.. ntrmt ma[ 1 /w v.of the dty part fthe fast yvl.l a lher in Iam r a a, e,.r o r,✓o - / bes.eJre,.,ae Ldr,.r/<l uv urrd wore al ur.ee,a rd lad:iOle 'ere forever. r IN'VITA'1..".C.5 flltl6 .1 The said parrl{..of Ole find par ra I_honureo eel_.,Loo .hand-and seal—.he day and gear first rinrc n - I ,•en, r,..,a n,cane.,.or ) C.ad1 w. .r• .) L) § 0 at >tL or COLORADO, P arnr lawn, a .:rP 't k (� GJ e� :Ne J,( 2 ). l,. 6t�'E'1c2,�!-972.,. .6a./12. 7"+ �•/1 J�f '. r -_WYt! _e!' _ -Tano°ollf Ern to ne. lie pa -'c ,.=me�<O xlunted to the tt80a.,eu a?.split^^ 1 _ _ O O rrayr`af.i r Eetor< u- I t 1 IpN uar tR ..Wea1'uret ena del.r<red Y<rara•.•I•+r.t f wnb'ro u ✓tae e.e .r.c Jer l.e ana lrurinx. (A,rtrx ael Jur/A. - YtiFQ .p . \, T J papv ost'oJYmre.yaT / NO A C-9 ar rL • a e rJ / ra xrn t,. -o5wr' 4 r�' T R f L Girl.coder. Anedaee`)le: ... ., are 27 t- .i,4- ..iZftn.J.,. ,,; .t n.nee-. `` \t/Q1.lef��l v,e<a.anraae:prre. V n4_ C /9. 7 W K 1/e—'3—lD.eot° , pp / a� �O�C, i ,.-a. CI ._ y r ,f3 rt.S ri A# r : - e.:ti: y Ty.. '. r xLS \ r a -�awacF'e rte@ •,? � c,-; zebg h -..-':- '4^[ #65` q'^�' bF.a' A ie _ A RIGHT OF NAY LAM., .'<THIS DPED,Wede this 29th day of April A.➢., 1905,by and Tetween William J.Kiteley and o Margaret C. Miteley, his wife, of the ',aunty of Eoalder,end State of Colorado,of the first part and THE NORTHERN CONSTRCTION COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Colorado,of the second part: l ' WITNF.,'SF.TH: That the said parties of the first part,fcr and in consideration of the Bum of ; w p .: Five Hundred ($SJJ.") Doliare,aml construction and maintenance of all necessary ditch erase- Inge; to the parties of the first part in hand paid by the seed party of the second part,the re `dw -ce!-:v, whereof exceptt° the ditch crossings is reby confessed and aolmowledged by the per qq ties of the first pert,heve remieed,releascd,eld,conveyed n,:d quitclaimed and by these preeent5 P. L. do remiee,releaee,sell,canvey and quit-claim unto the said party of the second part,its eucosa- ears and asoigne,fcrever,all the right,title,interest,claim and demand which the said parties of the first part have in and to the following described piece, and parcel of 1snd,situate,lying and being in the @runty of Weld,in the state of Coiorado,to-wit: "A strip of land through,over and across the southwest quarter (S.W.₹) of section Twenty- � �? ^: one (21),Townehip Three (3),North,Range Sixty-eight (68) West of the Sixth principal meridian described as follows: Beginning at the center of said section Twenty-one(21); thence west on half sect-Sea line Fifty (50) feet; thence south fifty (50) feet from and parallel to the half section line,eix �. hundred and nine.y one (691') feet•So j,point of curve to the right whoa, radius is eighteen hundred,forty and one-tenth (1840.1') Zest; then• on said curve six hundred and hirty-6ne; 'a (631')teet to 1, point cf tangent. thence north sixty-nine degrees,farty-four minutia wilt (A 69 44' W) twenty (20) feet; thence south twenty degrees,eixteen minutes, west (S 20° 16' W)'ninety• (90') feet from and parallel to the center line cf The Great Western Railway,as new surveyed and is located,fourtean hundred thirty-six (1436') feet to the south line of said Section twenty-ma - . -1 (21); thence Easton section line one hundred,fifty (150') feet to a point five hlmdr.dtwenty- -L:two (522') feet west of the south quarter corner thence north twenty degreessixteen calf a $ east (20'16'.6).f orsy"(40-) feet-from and parallel to the- enter line of The Great►at n--,�ayy1aii- ys.. -u.. way,ae now surveyed and located,tifteen�hundred and forty-five.(1545') feet'fto the North-endx. South heat-section line; thence North on half 'action line twelve hundred feet (1200')gto laee axe �` ` "'J oT beginning Also °A strip of land Eighty feet (80v) in width vitiated in the Nertistme quarter Naw,k) ':--� Sixty-eight (68),-we t K`- e z of section txanty-eight:,(28),Ta--- ,- . TIIrea (3l,North, Range �L. ""� Prinsipel 1Nrid1aasbene fortyl(40') feet{aaveeh Bide{ef,the eente llN of '. Gne t �„,$ Aeilway ahew`mn-$q7 ,t imeNeAewiN'i er tae de ` �N� r�rF ,�. s ;, � eigLming at a po h sn the 0 Yin. at t e ton yc� ✓x .-«.- Ii .8eventye,(570,9LIfHt waet,e• p-imuiai Newt ( rat r) t >.1 £-J,'f` .•-1 wx e T08A�,d1e ..,,.1 ,�.} e � 'T"'h`„' M- f a ,• h C.._ x ,,ai�£'t0a6 Yrff 1�A`)"'' w ;"iy ;C+* C1 �"J`.c+:. - Tt- n nu -- .. - Viz` ,. i c righL,tStls,intersst,claim and demand whatsoever of the said parties of the first pa Y.,elih -er in law or in equity,to t7() only proper use neneflt and Dehoot of the said party of the second 5 part,its nuocessore and assigns forever. It is underetood,hnwever,that the above described prea- 4111 il j lees ere conveyed as aforesaid,as and for a right of way for the construction and operation over iIll ' 4 through and a^-roes and upon the same by the party of the eecond part,ite euceoesore and assigns, ¢ n pppppp of a line of rallroed,and in the event the party of the second part,its assigns.,ecaeaore and assigns., ''11; shall cease or fail to maintain and operate the railroad to he thereon tunstructed Po: a oontin- Ii! sans period of two years,then and in such an eve: the said premises,and every part thereof,ehali 'T14:4' 1 ,f revert to the parties of the first part,their heirs and asslgns,and in such event the party of 1�F.; 1 the second pert,lta successors and nsslgns,ahall have the right to remove from the said premises 1 i i ! 11 , within a reasonable period after the expiration of the said two years,all stmt:arse,buildings .1- ' ! and improvements which may have been located,built or ggconstructed thereon by the party of the { � � ; ; second part,its successors and asslgns,the same to be and to be held to be the absolute property �0, 'L. of the party of the second part its successors and assigns. , 1 k-H'c IN WITUF.t YC;EBEOF,The said parties of the first part have here unto set their hands and 1i) , - _ , seals the day end year first above written. I i ' 1 WILLIAM J. KITELEY (SEAL) MARGARET C. KITELEY (SEAL) STATE OP COLORADO, ) ( )SS COUrY OF BOULDER ) ti I, Walter L. MCCaelin, a Notary Public,in and for the said Boulder County in the state afore- ') t said,do hereby y certify that William J.Kiteley and Margaret C.Xiteley who are persoally known to -A-. me to be the persons whose names are subscribed to the annexed instrument of writing,appeared be- , fore me this day in person,and acknowledged that they signed,sealed and delivered the said inetni __.•F -rent of writing as their free and voluntary act end deed,tor the uses and purposes therein act (;'1 forth,end that the said Margaret C.Kiteley wife of the said William J.Kiteley did,aftor having ca been by me fully apprised of her rights and the effect of signing said inetnnroat of wrlting,free F. -ly and voluntarily,soparate and apart from her husbea.d,sign and acknowledge the same. . v:I (liven under my hand and Notarial Seal this 29th day of April, A.D., 1905. ,) icy oomalseion expires June 26 1907 riP . WALTER L. MaCASLIN,r I ' v U f Notary Futile. / -"Tr- . No..1o2,762 - 11sd'fop r000rd at 9;•e o'clock A. , this 12th., day of Vey, A.D., 1905. R e L1 e lip CHAS DAYIN,RBDOLmt. f e ,Lh 'W t�` 41St' J.M,tlm Z6 r .4> : w : ma- 1568 rut479 ; �iCClppL- JUL 10 19&0 .} . -� Lcy 1UJJJ �� M. k .. .w/, r . 9 m INC D OTRUC! 00111! mA® DCDhm • 1 MOM Cr 1100 AI -Sn a/ CatAaueo _1 MTh ANTES NO. 14335 C SOOT �▪� Cr . _ f ltUitiossts. - ------ — et. r ice, Ma al S!!! 4 .1 11I`7110Mcaw WM —in—L0�. 1D� a�f llr< "Jala IL as litilis stereo• et NINIZIN as tear ad Veld Veld CeeSe• etat CURLS 0. . Deadent.. TIM; MIMI a en s'eial ern for learin this du epos a Itipdatsea at Ag eaaeat with rennet to the acqui- sition of lnoel M. 29, and it gpsarbhe to the Court that raid Stipulation and Apihemat ma duly estsated py - - the puns gee are the rooted ewers e' afro ar o otherwise interested and that said parsooe have agreed with the palitiaue.s epoa the empareatim to be paid herein; NW Car 0900; mat it has fell and sat0lsts turfs- diction cc the shiest natter of this untie and the parties tt thereto; that aaniee Ms teen seas on all interested - parties as required by fare that the partial have speed _ that the am of ,14,000.00 sad other eenaidtntiow recited in the Stipulation and Apwsrat represent the lull eaapea- co actionto be paid for the takt aid Parcel do. 29 and 1' 9 ono o Idyll tt' i';` 9064588 ' 48O ... .r .- ! s!! 1.... sts there!, end for any and ell other Costs of said partiey - , aeea�eaa that pursuant to said Stipulation and Agreement the petitioners hive I t Jetpelted L^ the Hecistry Fund of this Court the sum. of 314,OC'J,O0, end, therefore, it is t OF3IFID, ADJt9GED AND DECREED that Parcel No. 29, described in IE.htt!t -A-, attache] hereto and incorporated herein by reference, has 11 `err dui. and ;awfully taken Ly the petitioners pursuant to the stetutes _ ,f. an" Comt11•r inn of the State of Colorado' that the interest of each and �'_ t t ever,- responoeht in said parcel has been aeauired by the petitioners, _ a-n that t.tie to said property, tr[ether h1th all apr_rtenancee the:e- -nt." Sc l Pr:lx, 1s he:ecy vested in the petitioners for the use and pur- t t - �� s -__ . es specif iv! En t.le i'et:tlon in Condemnation herein, and, _s - ;-S It IS FURTHER J;JEF.ID that a certified Copy of this Rule and Order -e recorded e^d indexed In the office of the Clerk and Recorder of .,odd_ Cr.--.. -Bore:- e^.^_ !r. SSYe efSKt as if It were a de«', of c s.v r arc fret the owners and parties interested to the petitioners I herein. IT IS FURTHER kRDEftED that the Clerk of this Court be directed to ` ` issue a check to Miller E. Earth, Inc., In the sum of Fourteen Thousand Delkars (314.000.00). DATED this day of June, A. D. 1961. - ' i, THE COURT. ' 6 p_ /.ter-a .Illd.,l \\ (� i ' 7 l; .a : Wit: Buck 1588 SAG 481 EXHIBIT "A" Legal Description Project No. S 0054 (5) • U.S. 87 - U.S. 287 on S.H. 66 ' I t PARCEL NO. 29 s A tract or parcel of land No. 29 of Colorado Department of Highways Project No. S 0054 (5) containing 8.09 acres, more or less, in the Si of the Si of Section 21, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colo- rado, said tract or parcel being more particularly described as follows: Beginning at a point on the East line of Sec. 21, T. 3 N., R. 68 W., from which the SE corner of Sec. 21 bears S. 0° 03' E., - a distance of 291.3 feet; • 1. Thence along the East line of Sec. 21, S. 0° 03' E., a distance of 201.5 feet; 2. Thence along the arc of a-curve to the left, having ------ • a radius of 11,415.0 feet, a distance of 530.2 feet (the chord of this arc bears S. 86° 19' W., a dis- tance of 530.2 feet); - 3. Thence S. 84° 59' W., a distance of 830.7 feet to tho Soouth line of ca_. 21 ; 4. Thence along the South line of Sec. 21, S. 89° 17' W., a distance of 1,813.6 feet to the Easterly right of way line of the Great Western Railway Company; 5. Thence along the Easterly right of way line of the Great Western Railway Company, N. 19° 42' E., a dis- tance of 91.4 feet; 6. Thence N. 89° 21' E., a distance of 432.4 feet; r 7. Thence S. 0° 39' E., a distance of 60.0 feet to the North right of way line of S.H. 66; 8. Thence along the North right of way line of S.H. 66, 1e °(p N. 89° 17' 30" E., a distance of 598.3 feet; C) `5 9. Thence N. 3° 26' 30" W., a distance of 72.9 feet; t 10. Thence along the arc of a-curve to the left, having ` I a radius of 11,355.0 feet,.a distance of 312.6 feet, (the chord of this arc bears N. 85° 46' 30" E., a i distance of 312.6 feet); 11. Thence N. 84° 59' E., a distance of 1,263.2 feet; ; f I9 il @p@ I t. , • aocK1588 Paa482 � a i t Project Ho. S 0054 (5) U. S. 87 - U.S. 287 on S.H. 66 Parcel No. 29 Page Two . 12. Thence along the arc of a-curve to the right, having a radius of 11,565.0 feet, a distance of 462.7 feet, (the chord of this ere bears N. 86. 08t E., a dis- tance of 462.7 feet); 13. Thence N. 43° 55' 30" E., a distance of 72.6 feet to the West right of way line of the County Road; 14. Thence N. 840 591 E., a distance of 30.1 feet, more . .� _ or less, to the point of beginning. The above described parcel contains 8.09 acres, more or ^�* less, of which 1.44 acres are in the right of way of the present road. • ' • • • • of ' 2 « GVR.CLAM nn n Prissy o,_. ,.M.bee Y YL..M1..._r,'tea rde.b MI.n Ca.. 3M1• n no‘_'_ I This peed ;made 11i< I _..-� • QUrr CI AiM DEED. ,,.tic year of op tom!one tl n ,nd eight t 1 antler l t ninny ! _— r 4 1* Enos; between i4l/ .___.Ire r _._. _— .✓ <'L c&, y I \ —__ ^ I j L I _ _ o , 1 ,-__ ( -.— and State ofthefit at n� of U�e County of L _ r of if fr c L s C. _- • 1 i. t BSc ST-fTE OF COLORADO.) "fir r' ''X- J_czc C i , County of Weld. i ,. ...ggd�e Pc N 4: 2'.1 c ar. „_ _ .. _ _ ! 4 ,-;:i,_, of the County of,„11-....„-?,� •� �(Ind State of Calorarfa,of the second �� r. _— --. - - part, J Val lilt tsstIb, That Me said party of the first part,for and in consideration of the sum of ' _ /-..J,_ t SL— _ _ DOLLARS. I to the said party of flee first part in hand paid by the said ParItt of the second par[ the receipt whereof is [,' hereby confessed and acknowledged,ho,di remised.released,sold,conveyed and QUIT CIA LI!El) and by these r presents dot', remise release, sell, convey and QUIT-CLAIM unto the said port of the second part, I __...__brew heirs and assigns forever,alt the right title,interest,claim and demand which the said part; of the I ___l - firs:-part-ha a.� in-and-to-the follow np des�ribed _-51— -sitimle.7rying and being in the County of Weld,and State of Colorado,1n wit: <ez I r - I slrrl _- r «/ice fQefL .( 1l oar/ r < '/ I .may i , ligi ! � F cx �, { r r t'' II (� S I t Idi0 Spit artb It Nob ot Suit, Together with all and singular the appurtenance. and privileges thereunto belonging or in anywise [hereunto appertaining,and all the estate,right,tide,interest and claim whatsocrcr, a of the said party of the first part,either in law or equity,to the only proper use, benefit and beheof of the said I parkM of the second part,_ I __lieirs and assigns forever. n di Antss ra lit rtOf, The said party of the first part ha:, hereunto set.::.-_t_____ hand and seal the day and year first above written. L ' WORM sulID x1,11 unaersm is r:eers ctor 1 r .;."7,(.:::,,, _ ,..__(SEAL. I I ___ __.. SE_A_L. '2' STATE OF COLORADO L J a ... red cv. 1� _ Ins"' 8�4.We..W—AA.w..n WL--1. % 2d r—--�� - --- _ ...._ _ - .. ___ �7 ..— n(.{j4 .Y /r�Ir�( d -c, .,‘,...,;;„,-;;;;.,',.;'•14-;-t,-,,,.;,;/, a JrG .. J1itt _—a0. / ail i 0 `'� Ay�t,n ...t sr�xA:4P11Eutt frczf J_�itT .t.- y� `�>' _ 'N l- / d _fhae.,rtF: ,f(�it�',. �!A ,z*.tr'mo.s.§ 4 r. x„71 _ _ _ _ /L!'.rtwd)lla w ..-.45,_/. -- �- _. - ' ; - _ . r ; ,.,;,-.:Qs,,,,,,,,,,z, 4,F t K ,E, =alts �X ,cc s ', r.. --- - C , ";, , ?ti dr-.'. .. 's'„' ..0 ??44"."4 ydy c'.. t �.9n?.ti. 32' , - ... � nan�.•n : i Cer.nr� -- toi Awn"Awn"Awn" 27( L i '" " ill ‘ $ 2 0 Cu RECEIVED OF THE MOUNTAIN STATES TELEPHONE AND TELEGPAPH CO. "s'"..;„ V' 4 II\ / ./ ` _ tr • • (d a .ucr a�orr an� neI'444pr1111j�jrWryrjnav rlretL nprr nr.nn 1 nn lain n ❑ ,nl Telnol ,1 T.Irv,+ n1 � V _ ll Ing the ne<n«ry erl .3Tlot 111•lurne pre I t Ih• ropntlrrllrn a, kp: >' . In rMrn •'yT have on Inirve,6 In Inn .(��Q-� or n a ��— z II \ �v ' V' W-rata l! / > 7f® {,. tl i 4\9 I ;r.[ cl nom- C2 i J «r...,l c..a-m— C 3A. /te n Fq V\ net-46;1eaoat b/ c(t tt ^ . i P• v _ c,„.,,,,n1 Vitt.._,{ enA SLne nl (y(.p e� tore upon end dons Ine rondo.nlreaee/ti he li,y Cp rry1 eg Ne net t prnoulr,'Oh thn rlynl In nrrmll In ❑.r1 mr 1.r Ine dr nn eI li_ - trey elfin eompnny,end Ine rlphl le I, ehy Ire 1pcp I lino,n«le tons Ine eclr«cleared el In,l I IY elphl oche,,In meal 5 end eel Inn n«««y per an hr«e poloend antArpen�an I In aellf�h Ihn to In nnu„e y gun,rlret . •✓✓ 1�(re,.0 a �..._i�..a,¢ 2G P-� [��..--- /Tic- _.o..1.. ./L :�. -_re✓ Lapp_ .. 7,..„(_4_64.., i.�L[<� 5 x 'e -- eX i' ,l>v�� =a— .16v�ij/ e4tf=t/f �r�r_ G„1 I�jj(��_ I.pa htld sum being retained In loll pwmanl maremrq. / - / o ••SIE Wllm« p+..�r�,and end anal_..thin 4,23... tIday aI 'Y _ A. O. IW7o of.! fir_ ;o}} - i..., t f {.L./.. "-1 ... 114?-7--:t i l It /� �l/A-t/L.L.'Y_,y / �SEAu r t'Jo _..,, ,r .J,V'*d15 n _... . _...:+/kris L._. :SEA r:. 1/ turdoneno Y Fn Y„ ` or 4C(ta )e 8 '0,0 JJW yi A corner nl itte_'_ .,n..:.;.li • _- • • ___.. i -LG"� l • iitl 7J t 11,C.W.a1e^I. ,.rn.aCs«l ialln<n � ],a aPlan l(pnln.nJml � I al I $^47"6 RECEIVED T E MOUNTAIN STATES TELEPHONE AND TE RAPH C0: r1%14I - � �wMb �h .__L" end eu er hi consideration el wfilch. A../ hereby grant unto said Company.III + t essd tM rle d.palatine end wMprlty n construct newels and maintain its lino cit.Tglpynona end Tolegreph.Mclod- ,(�1 V Ine I6e ssq�wuy.fl .tables.olden end natural upon,ern ar%eereae)be projerty W�rkh J enm,m Ie which t °� I Y -. h•••eny n tM..l� - . - ..... R!�'e/ 'G'u'% It-7.k! L % __ . rront� . _i�..TG+C.T<Ct_.._ '�� ' ' _ - -- -r4. "�J : t YID IL"Sill IM reed.,abwlp w GMinga'planing the add prepert/.whh the rlslt n Wadi the ettsehmenl d the ekes et iT ... bl w tls le aTe iae•6e W e i tlil a iAli�Mr yWit inane.te e or . e L La g!4 IM r -is kw peke end umber.se te etneh Moons& ' i l ._ :: r ,, .. tram, r.: • �:47^,C t.-•'a ••f� `-c �...A. . 'rlL., ^�/¢A+1#`��ir .6r J as+ t R - 9 •r, e ,r ,^. F'} 1,'a 'S',rm, , ,y'nCtp, t�''ssi7dAs 'Saz' .0 r.o-n""}g i('t, I} Z._.Th v.> ' .' ti 'R" • '9n, t - ?e'o'n' 7- }^ r • . � [� �, 'i M"xT -' 7 t1 m.. . I fear Er, 1 M/ " !--C,l a /ra-ll rte._-&-t/..., 4"."'".>; f i ,l...` wn rt] 43 S , e .. • r• - r n.... vo/ r..r .......r• e{ ti T 1rS /'e FtECI:IV ED oP THE MOIIINTAIN STATES TELEPHONE A D TELEGRAPH Cp. 1 l �� . .Ifr r 1 nl n h.r.i r ! I rn I I f,•.. . . u. inpinnmo:miry und.rn rd mMult Doi... rcmo.._I.e .nI n.r rn.nor'n. o nJ . . n,eiat.r'.II-Myth ,, , t er win1Nth v i nyl r ...i,i.r are L.'�y,:_../ vt•</ /nP_ .-. .s-:',-,,,, + P., r, /i.J / ,•.4.[ .J- -' • /<. / 't 4",</,L l' �._. ..' I/ { .11-). . I c. I. a t/U,.'. . . ,. '' J/J. ', /✓ / <.. ' -' (;.- nf F E T I (-t') .u! L6- L J e L U. fi t' l71 I 6 V I rw i^ly of Y`` and noon and clone the rnld.,itr..a.or highway.Adjoining Me laid property.with the right In par nit the ntl,rhmenl rrt the wire.oe : any allnr tomDeny.end the right to trim any lees.eking said line,tO et to keep the wires cleared el lent torty,eighl Inches.In erect c - f t 4 and Bet thep...i.ery pay pries anthers and to. thereto the monetary guy wing -_ _- r � and point nod ._.•yqh tiP-':a/(�Yf< -4_';C_Ie.e_� v�.Zom+. cZ..y`.(� /S,.e,.v.;Tv•-•vj ortif E fl i-n-i- - e74Qc/tt.,c,6 in ty CXirva�i_. c'--.q Sa 6 $ id turn being received In lull Penmen lhnidnt //��,� // � y.. n " 5 L`^ end real thin /� stay et a�C7G'R/.1 O. i@3Ctet!,7--C ac& ��Y-0 / nd e tr ra..aee....r x /l %1 - - - Ems= ... .J.^. 1, .. r�� /. � f1 Ji • J I 7 Z _ = = Cerrecl —/.!/<X _ a0p � ^ �G apuP.en:. � -ALf V/J € tr��re (4,,f,,-( 4 `7 a.o.W a....l. ee_.p.an.ea.eQ g3 ! (/ - - : a_ I $elb. QgREEcEivvE F E MOUNTAIN STATES TELEPHONE AND LEGRAPH CO. Eye �.�1-f�� -`'.,_. tO O adIieu B.in IOndderalion et hi . ._.I: ___.hereby grant Win W d Company.Its _ suttee a migne.Me right.privilege and authority w construct.operate end maintain haling.el Telepham and Telegraph.indud- i eav cabin.ea $ Ins the neeey underground conduit.poles.ca -wires and Natures upon.over and'Cr.,,the property which._ I. ', v _ ._ '- .b y- quer ter..lying.on t.of 7'...a ll.ilroed...__i _in.-Beat lox.Mo._.reentymons-(11) Toineh • 1. ip ....__ ✓ sq_ Three (bl.Aor.th, Hangs 912t1-eight. tea) net of the. 6th.P.V. - 4 1 - ._ .. Coun of 50111 - and gfaN ai_.Si010IA.Q0 _ — i 3 I sod D>:a and deee IM letle,streets at highway,edleirone the mid Wreety.with Ike tight is permit Me atNplmwt et tie Wuat 2 {. 1 I coy soy epnlpme/,and the rigid to bin.any ban along said peas tote t:keep lb*ekes astral tl intl terl-61616 Inthout be net - 1 . t e AS set the naeeeury in and bran Peke and maw,Ind W Oita Moth the wain gay akta._'� ..` — - ,. 'e lr11pbone..1lbe ed.bi. eleeeptrnet end.aslattined OS.ahaT6 aeleerlbed-ltepsrtyalosg._ _ y 1 /Be -t r4-eN 491r 4fl tn.a bx pre hat survel - .�._ r ₹ , � - - } F. S"` 1:;,_-.-. a ..Jug ` _ k ,SC 1 iii44061ilviihiledi want NOW. wi .. .J•1.+o••••• .t-r xx `#X" ;I, _t , ' .-'.Tvr . .'!"fe/tr".1". ' tS T . i ei41� 1 J.Ir`, -..-.cam t k :5'4;-:'.;1 2 zx t rf A le�,,ci It i , ;r -a X T #a w1�wa ' i' 7I ,E7Jl it}•-' aa xx ' —ye+�Frefit.ii Y41.x'3'1.y'Yk 7-4S,yt ; p?,. .ia z g=a - ....4��r° „_ 3 Ku 564 n(Ge463 1'tixt? P RUG 22iw 7 RIGHT-OF-WAT EASEMENT KNOW ALL MEN ST THESE PRESENTS, that MILLER 4 KARSH, INC., a Colorado corporation, hereinafter called Grantor, in consideration of One Doitar- ' ($1.00) and other good and valuable consideration paid by Longs Peak Water Associ- atlon, a Colorado-corporation, hereinafter called the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby convey to said Grantee, its successors and assigns, an easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove a water pipe line over and across the following described land situate in Weld County, State of Colorado, to-wit: A JO' utility easement through and under land situated in SE1/4 of Section 21, T. 3N., R. 68W of the 6th P.M., and all of the SEI/4 of the SW1/4 of Section 21, T. 3N., R. 68 W of the 6th P.M.. lying East of the right of way conveyed to the Northern Construction Company, recorded in Book 228 et Page 109 of the Weld County records, the centerline of said easement to be located across said land, as follows: Commencing at the South 1/4 corner, Section 21, T. IN., R. 68W of the 6th P.M.; thence West along the Section line 62.65 feet; thence North 69.84 feet to a point on the right of way line of Colorado State Highway No. 66 the true point of beginning; thence South 68° 09' East 44 feet; :,ence North 89° 21' East 366.02 feet; thence South 68° 09' - East 12.5 feet, more or less, to a point on the right of way line of Colorado State Highway No. 66. The Grantor reserves the right to use and occupy the said premises for any purpose which will not interfere with any of the Grantee's facilities therein or with their use. The consideration recited herein shall constitute payment in full for all damages. sustained by Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's premises. This Agreement together with other provisions of this grant shall con- y C stitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. WgTNESS WHEREOF, the said Grantor has executed this instrument this 1960. 9es•. MIL KAR$H, INC. 2 • (Co By 7 4 resi ent ATTTT r ry ... cy " ry STATE OF COLORADO) ) ss County of Boulder ) o .A_ y n The foregoing in mint was acknowledged before me this // day of a JJl f . 1960, by a -c )'1't. and P i �!u Pr.�Went and Secre respectively of Miller & Karsh, Inc„ a Colorado cor- poration. • m Witness my hand and official seal. Po h • • Notary Public __ My Commission expires: ..(. My Commission expires lune 26,1961 • - t+ h: BooK 892 R 0 A,JAN 9 i9 accorded of V.. `-_':L J � �- d acts ILO. J.-3"1.95. / rl . ._I 1 1. i " J.'s.. ` \ ` r Stole of 7Coiorodo, Weld Coonta Clark & a«o•4,cr -- hdm1161a`.C1bli. ripe - J Re* r•'-a ()I I., :,\r/ 1;:,`� LE.&Sii • ills Are It:.F.+lrNT finny,: , .r this the 1U day or November _ . 19 .79 6-1..eenpor is z.. S':,it.:^ and Co. , a Co-Partnership, composed of Donna Jean 'iheeler a -9era?dir • . • • . . Highland, 5909 NE CountyLine Road., -ter --_ s Colorid' hereinafter a.rlt•.a l.wc I -':ad^Y Bak or, 14 .9_ rarimer St. , Denver. ColoradoQ2Q2 hereinafter called lessee.does.y:mess. - I That less and e IDollars r the sum of Ten hand paid and of the and i agreements hereinafter contained Os the lessee.has thu day granted leased,and let and by these presents does hereby lease.and l.1 lu- - els unto the ha-re the 1 described land.and .arch the right oolitic this lease or - part thereof h 11 oil and gas leases 1 all r J any part•of the lands .. S hereinafter 9rovided,for the purose of carrying rn cluhK eon-unpin[ the[ it - -iof on geological.I geophysical and other exploratory Alother- ' clod h., [ and operating tor,produmng and g all of the l n M1 a constructing road` t,, „r ,building F ' A d e .4n gasoline and allone N s and for ens♦ rig land alone storing l building p stations.telephone lines a [ a 1• liesu td the s economical threat nal of said erst aleconjointlyof neighboringrme ads ry j-, ]'ytu f all of such Sub Alaneri .arW-Mr-Fer•�°e and hoarding em9lnte< .said trait of land with any reed sonar• t o right.therein -.n. s.a,aa in•he,..eat o. -_ well State' jCo or.a�o. • r __— sod deseribed as follows. Townsh o 3 North, Range 6.8 West Section 21 : ?11 that part of the Sao, and the SW - lying Easterly of the rights-of-way granted to Northern Construction Company by instruments recorded I • Took 228, Page 109, and Book 212, Page 163, and lying Northerly of the t tract conveyed to Colorado Department of Highways, et al. , by Rule and Order t - recorded in Book 1588, Pa 4County Records. s.:,Page 79, Weld Lessee , his heirs or assigns , shall install cattle guards .and gates where s-r �. ssar\ to contain cattle . andcontainrng_b 0en''`'mnr. d , ' y _ 2. It- Agreed that this l shall full force fora[ of Five y 5! f this d and lung there.1 ter as nil .- r[, either h produced e(corn land(or e from Iona with which said land is consolidated) the 9- being developed or operated. 1. I consideration f the p the said lessee covenant andagrees: r To deliver to the creditof I e of cos, in the pipe line ,o which lessee may connect his wells.the equal one-eight(1'8)part of all oil t . — produced and e from n leased premises. _ `� .t The lessee shall monthly pay lessor royalty gas marketed from each well where gas only is found,one-eighth(I/III of the proceeds if sold at the well. fmarketed b off the leased p then ne'cfghth(1's)of its market value at the well The lessee shall pay the lessor:(al eighth (I OS). f the proceeds d b-- the lessee from the sale of casinehead gas, produced from any oil well:(hione-eighth fl blot tM1 - I at the mouth of the I computed at the prevailing rket price,of the casieghead gas,produced from any oil well and used by lessee ff the Based Premises for ans purpose d on theleased premises b) the lessee for purposes other than the development and operation thereof Lespsr shall have the age at his o n risk and expense of using gas from any gas well on said land for'totes and inside hints in the principal duelling located on the leastd Premises - aking his n cp d s thereto ....{{�p..cc Where re gas from well er ells.Capable of producing g nl is not sold or used for a veriod of one year lessee shall pay or tender as royalty `3yS- an am t q I to h -G l t l as pro.ided in paragraph(a)h f,payable annually on the anniversary date of this lease following the end of each ~ ' such year during which such fat is not sold ur used and while said riyalty is so paid or tendered this lease shall be held as a producing property under rFd'1 paragraph numbered toon,r.of. 1? _ If operations r s ,drilling of a met,for oil m n gas are I dal-on a.id land on nr before the IA da of November 19 530 this lease shall terns ran as to both pares unless the J bass on et-befo. said date pay or tender to the lessor or for the lessor's cr.-darn (a-c's.J'.7?.' Rae Uolted Sank of Lonirmontha,depositoryareshall of any and all sums payable under this lease regardless of than ;of ownership in and 50/00 '� said land or in the oil and gas or in the rentals to accrue hereunder,the sums of one hundred sixty-Six Dollar' larch shall operate as ,4'' a rental and cover the privilege of deferring the commencement of operations for drilling for a period of one year. In like manner and upon like `,'. ''fats payments or tenders the commencement of operations for drilling may further be deferred for like periods successively.All payments or tenders may be {p-� made by check or draft of lessee or any assignee thereof.mailed or delivered on or before the rental paying date.either direct to lessor or assigns or to r.%QS said depository bank,and it is understood and agreed that the consideration first recited herein,the down payment,covers not only the privilege granted %a to the date when said first rental is payable as aforesaid,but also the lessee's option of extending that period as aforesaid and any and all other rights t 1-4 conferred. Lessee may at any time execute and deliver to Lessor,or place of record,a release or releases covering any portion or portions of the above ea( described premises and thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered,and thereafter the rentals efpayableirst hereundershall th be reduced n the land ba proportion that the hen.acreage in at hereon is second said release or releases. o h'r?. --0 6. Should the well drilled on the above rental described do be a dry hole,then. in .that eas if a second well is not commenced ota on said the Pti-( within ton orse months from expiration d(thewel last nths period for which payment f been pans,this lease shall and in ate as to man er as h,unless the yr; pt2 lessee ed or d before the ed hatiup of said twelve months pll ayment the nays,as t of rentals in the same theamount preceding and in the same h hereof, oven ing the e1{j provided ofA it - Fred that upon the shall lion of the payment of rentals,as above provided.that last paragraph hereof goo c•n nF the - Y'-ti payment rentals and the « thereof shall continue- force just as though there been no interruption in rental payments. ��p If said lessor - less interest in the above described land than the entire and undivided fee simple estate thereat then the royalties and n.a'.4 1' hc _ shall be paid the lessor only theo proportion pion which his interest bears to the whole andundivided .- -il•-e such,c:6....hal: 3 tf tag be rental anniversary Der any reversion occurs to cover the interest so acquired. y• S. The lessee shall have the orb t,to us free of cost,gas,oil and water found on said land for its operations thereon.except seater from the wells _t • of the lessor-When required by lessor,the lessee shall bury its pipe lines below plow depth and shall pay for damage eauud by its operations to.Lessee " crops on said land. }•o well shall be drilled nearer than 200 feet to the house or barn no a on :ad Dsemises without written consent of the lessor.Lessee .a.0.ri t. shall have the right at any time during.or after the expiration oL this lease to remove all machinery,fixtures,houses,buildings and other structures placed Y' 'r"�0 on said premises.including the right to draw and remove all casing.Lessee agrees,upon the completion of aany test as a dry hole or upon the abandonment , of any producing well.to restore the premises to their original contour as near as g practicable and to remove all installations within a reasonable time. rip ; tie :-:`y 9. If the estate of either party hereto is assigned(and the privilege of assigning in whole ft in part is expressly allowed),the covenants herevl shall ysyi,., 4F: extend to the heirs de executors,administrators,successors and assigns but no change of ownership in the land the rentals or royalties any W Le m due under this le shall be binding on the lessee until it has been furnished with either the original i edified copy thereof certified owner ace ti d instrument theof proceedings conveyance duly copy estate the will of any deceased ow , and of the probate[barrel or certified ap of ime showing appointment ofadministrator for theece of any deceased ina ompr a whichever is le appropriate, together sor the fu all original recorded and instruments 1 ft Tvante duly certified v- Ih f yin showing a complete be binding of cite back to lessor to full interest da.metl all ad v e ! rentals made hereunder before of said documents shall be on any direct or Indirect assigns,grantee,devisee.administrator. faIil cuts heir fle xe be as to a part or as to parts of the above described land and the holder or 10 1 l herebyt agreed that this lease nliaoll • �. d(eat r ofh put isor 9 hull k a r It are p s id a ,leewhicproportionate Dart rf lye tent den from hf im or them,a pa re a nuil not operate nlo defeat or Lessor this lease insular part of said bnappon the n the lessee o b a andehdupaymentrentals.defendthetitlelanddescribed agrees that the lessee.at its opts, y pay and exercises +rag at char opti whole,itshall be part an-,taxes. thenpes,or other liens existing,levied.or aas_ssed on against the above described lands and. n event it e ' I such option,it shall be subrogalta to the rights of any holder or holders thereof and may reimburse itself by applying to the discharge of ant such cmore tea; P[e,tax or other lien.any royalty or a this accruing hereunder. 12- Notwithstanding anything in this lease contained to the contrary.it is expressly agreed that lessee shall,eminence operations for drilling at a k: any time while this lease is in force,this lease shall remain in force and its terms shall continue so long as such operations are prosecuted and.if produc- 7I [ion results therefrom,then as long as production continues- „,q. If within the primary term of this lease,production on the leased premises shall cease from any cause,this lease shall not terminate provided _7 operations for the drilling of a well shall be commenced before or on the neat ensuing rental paying date:or,provided lessee begins or resumes the pay' __ ens of rentals in the manner and amount albefore provided. IL after the expiration of the primary term of this lease.production on the leased s p'• premises shall cease from an cause.this lease shall not terminate provided lessee resumes operations for re-working of drilling a well within sixty(60) at days from such cessation and this lease shall remain in force during the prosecution of such operations and,if production resultsthere(onn,'nun as lung as roauction continues. - 1 eh opt time and from time to time. top 1 unitize all part parts of air above dcry��' _ ecru!.s_a pooling n., b , ,,.-s.. 1 ..C L. - :rat, ,.. .:(• '. „ nil, . oar; of . .. .... .. . -- :kd 1 r ILng� v ' a tl. p- p of earning on geological_ h. pl Painingrproducing.and: mg all of thenil.gas. n2t".a ^M1 ,ol •.. . a uctrngoads t , ern:t building saidtanks,sto. . • file _fell -. t for :he [ rat M card land .I^m nett ,lib- -•rh`n - � r n - -nr, re en ro-inn neut:nn 'r' y. .. .i.. rile n• enf' -... -.:.- al..i( surly iu'uilan[es. �-- .reel of ..�^�I .s a'., r.. a...a:, . ._ . We1r1 . a,. n, ___Co1Q_a_d_o . d Y.-scribed pi moot, Toanshic 3 North, --e 63 West ` y_' r Section 21 : All - _: part of the Ste ' _ of _.h, .. SSI _,j ins Easterly ._ - rizcts-.o -_ to For=.^ear^ „_ „a,. Company �y instruments _ _coroee — in Book 223 Page ?, and Book 212, Faze is -,^d lying Northerly of the tract conveyed. to -,o-ado Department of Hip:--rays , et al. , by Rule and Order sil in , Page 479, Weld County Records. • • • assee, ::his heirs CT assigns , shall install cattle _ uards a0$d gates where -._ e. . ssary to cont cattle. / and _ I, agreed: h t this as n full force fora term of Five (5) 5 from this aa•r a tF.r r ..d t id land(or nnm lands with v rich sad lands onsoudatedI or the premises are h, e_de .c.ee:.r rated. t 5. ii - on _rrtt: -:the f a lessee cosenants and agrees- To s deliver she credit or. her of cost.in the ➢ipc line :o which lessee may connect his wells.the equal one-curb”r..Si part 1 aL o., o-t and lessee e from " hosed p. _ ' The lei shall mumble pay 'aha n gas marketed horn each well where gas only is found,one eighth(1 al of. pr 1 cold at the heel. if 5 arks leaved premises.then n eighth(I18)of its market"aloe at the well.The e shall J h'i.-5.“, 1 es ighth (I TO_of the proceeds re _ .. S. the lessee from the salt of a .nehcag gas produced from any oil wen (:lone-y 0 Si1 Incea ,the _ , of the ea el corn Pe' y p ¢ market t price.of the easirgtne, gas produced from oil well and used by lessee 1 -M1 p a s Purpose or used L. leased p by the lessee for purposes Dine-than the development and operation thereof. Lessor ha II the I Premter ises es making kand connections1mgt cas here tram any g well nn said land for stows and inside Iienis in tee principal dwelling eaten n Jt ased r ie Where gas from 11 capable of producing gas only_s not sold or used for a d of -l shall 1 ails IR' amount equal to the delay d.'d paragraph(a)hereof.p bl annually on the anniversary date f this lease follow 6 h f h f y -.h Year C inch such has is pussold or used.and while said rayalt, Si so paid or tendered this lease shall be held as a Procuring prop under r f v ' be dt - hereof. 1� operations for the drilling a set stir oil or gas are nor comma noel on said land on or before the 14 e s of Mott_ _ f? 19 dpi this lease shall terminate as to both parties.unless the Jesse shall on y[beromo said date pay or tender to the lessor or for m,lessor d. ,n s� ' jecSa L r- ee 4 G F -.- the United Bank of Longmont sank at_ Longmont, Colorado or its succesori which Hank d.its •i agent and shallcontinue as the depository of any and all sums payable under this lease regardless of - a s fgratin in :- .,[[<sxprs are the lessor's agaha tut Uu i.. W- id land or in the nil and gas in the e hereunder,the sum of One hundred s ixt r-six Doom._IChich shah a rental and cosier the p-deg phydege of deferring the commencementoperations for drilling for a period of one - In like manner int spoil like - garments or tenders the commencement of operations for drilling may further be deferred for like periods successively_All payments or tena -may b ✓ de by check or draft of lessee or an, assignee thereof mailed or delivered on or before the rental paying date.either direct to lessor or assigns or to ytt r _deposit bank.and - is understood and agreed that the consideration first recited herein,the down - nt.covers not only the Prowlege flamed tk- when id first [ l is payable f id but also the lessees option of extending that period f id and am and all other nghts r at any time [ rod deliver to Lessor, r place of record,a release or 1covering e andthereby surrender - s lease to such portion or portions and be relieved f all obligations t rt o acreage surrendered.-' and rentals payhereunder h shah be reduced in the proportion that the acreage covered h reduced b said release I -' _. Should the first ll drilled on the above described land be a dry hole,then,and in that event.if a second well is not commenced nn said land t from expiration of the last rental period for which rental has been paid,this lease shall terminate as to both parties, ss the - q - -_e • before the expiration of said twelve months shall resume the payment of rentals in the same amount and in the same as A. b fore And it is agreed that upon the resumption of the payment of rentals,as above provided,that the last preceding paragraph hereof.covvrning the f4,1:4-7. tyT rentals d the effect thereof shall continue in force just as though there had been no interruption in the rental payments. x: -:-,mss if said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein. then the rasa live and -.2'" ` herein l paid the l> in the proportion wh- h his interesthears t the h 1 d um:int-leo fee. -. -.-- ..-:„`..); -- - - f any reversion occurs to the interestacquired. - e 8 The lessee shall have the -gist to - f cost,gas. l and water found on said land for ts operations thereon. pt water from the wens less When 9 L by lessor.the lessee h 11 bury its pipe lines below plow depth d shall Pay for damage sed by its p to gmwme ..+' said land U be drilled than 200 feet to the written m Lessee right any time during.or after the expiration of this lease to remove allmachinery, [ houses.without buildings consent i the lessor. d including the right to draw and remove all eas Lessee agrees. or upon oe structures placed � in the completion of test dry hole the abandonment y R 0 to restore the premises to their original contour as as d 11 installations hip reasonable time. `s _i extend 10 thethe estate of to parts-l-hereto t t to dill privilege(and essorsan s of assignig in whole ors part expressly allowed).the hereof shall ��a.-.�1; d g - but no change of ownership e land the rentals I any al{1su �. due under this lease 11 be binding M1 lessee until it has e furnished with either the original recrd a- [ f - dolt p ./ti 1 certified d copy thereof certified copy l' will of any deceased r and of the probate thereof.or certified of the instruments showing > ^Y es appointment ofadministrator1 the estate of deceased owner whichever is p ' together ded instrument ti" rna appropriate. with allF�:yf u duly certified C0MMtM1 1 necessary shoving complete chain of title back to lessor to the full interestclaimed_and all Idea pas- , rentals made hereunder before receipt of said documents shall be binding on any direct indirectassignee. -rantee deviser cams 41 or 87 i It hereby agreed that :`e t this lease shall be assigned as to a part or as to parts of the above described land and[he holder or menu y �. Rg�� web part or parts shall make default in the payment of the proportionate part of the rent due from him or them,such default shall not operate to f • Wy"'' - affect this lease insofar t enters a part of said I tl p which i the lessee or any assignee hereof shall make due payment of said rentals. 2 11 Lessor h b_ warrants and agrees to defend the title to the land herein described and agrees that the lessee,at its option. pay and des- � -V charge whole 1 part -to ty other liens I d d against the above described lands and. event t exercises \e such option.it shall be E g [ a the fight of holder holders thereof and b itself by applying to the discharge f any such mort- ....4 t; other 1" royalts_ rentals rah - _l- :chile anything ist lease nd to the contrary,it expressly agreed that lessee shall.ommencep operations r it Pr0M at Y s-t 1 fr lease force.this 1 shall force and its terms shall continue so long as such operations are prosecuted and.i(Vfodus ez therefrom, i a long as Production lease. product _Y, if within the nil of a term of the ion on the leased t premises shall cease e cause, ids lease lessee not terminate iun[e providedofaerations for the drilling of a well shall b commenced before or on the next ensuing expiration ntol tpaving date: te,provided Ibeginsro or on mils the Pay-a. t emit es rentals lc in the manner and amount hereinbefore allotterminate provided. o aftidedr ese ruesof rail cis for -wor i r lean,g a'- ! wi on she y(F01 prom fro shall era a from an thisca se,le thin lea snail notcedurig provided lessee of such operations for re-working or drilling a we!:n,'.within as to gas days from such cessation and this lease shall remain in force during the prosecution of such operations and,if production results theemrm.hen as long as production continues_ t13. Lessee is hereby given the right at its option,at any time and from time to time.to pool or unitize all or any part or parts of the above de- ;' scribed land with other land.lease.or leases in the immediate vicinity thereof.such pooling to be into units not exceeding the minimer.size tract on which a well may be drilled under laws,rules,or regulations in force at the time of such pooling or unitization:provided,however.that such units mac • exceed such minimum by not more than ten acres if such excess necessary in order to conform to ownership subdivisions or lease lines.Lessee shall exercise said option.as to each denied unit byexecuting and recording a instrument identifying the unitized area-Any well drilled or operations ducted on any part of each such unit shall be considered a well drilled or operations conducted undo this lease,and there shall be allocated to the portion of the above described land included in any such unit such proportion of the actual production(Ions all wells on such unit as lessor's interest,if any,in such portiion,computed on an acreage basis,bears to the entire acreage of such unit. And it is understood and agreed that the production so allocated t shall De nndered for all purposes.including the payment or delivery of royalty.to be the entire production from the portion of the abort described land included in such unit in the same manner as though produced from the above described land under the terms of this lease. J 14. This lease and all its terms,conditions and stipulations shall extend to.and be binding on each of the parties who signs this lease,regardless of whether such lessor is named above and regardless of whether it is signed by any of the other palsies herein named as lessors.This lease ma,v be signed in counterparts,each to have the same effect as the original. •`- IN WITNESS WHERE°F.we sign the day and year first above written. --(VI Witness, // .(�/ht. jam • C(,-r it.: t f 1st -I. Geraldine Highland '��' '�)p Donna Jean Wheeler . p.; +a '4 ..2ra- ; E . i4 # r�a ✓L x !ver-. y--t x^.T .r � '.iT,. +Y<>+th +t s v 'k4,,„.. Qt P yr= t Jv .0 . - s t 1 -�� - )'wit• 'z. a ..�:--ti-$i3y r x�r�--7(..- 2 ,, t`t,'_ v 433 '•- -. _i',��yA ray 'g„• a'" •h -. : 892' rood by I&P&M Printing.'' .t..Suite=oat 89lt.wll 1813795 s r: - -ATE OF Oklahoma, Kansas, New Mexico. 9Vvom�. ,Montana.Colorado.Utah. l . - 1n- CKNOWNebraska. North Dakota,amrth Dakota I LINTY OF I ACKNOWLEDGMENT—INDIVIDUQ. ca BEFORE M : +--rood, a Notary Public. In and for said County and State. or. -his...... `Ctl :- .. of , _'^.9,- 191.9 personally appeared ft, tae - _ (k Donna -an Wheeler and Geraldine Highland x,. to me known to be the Identical se T_�;. perm .... deaal6sdrn and d(to xecuse� tom,f within and foregoing mstn_ment of writing and acknowledged to me that they._._duly executed the sane em 'le l%. C"- f and voluntary act and deed for the uses and purposes therein set forth. r �jr s: .tcliiti� IN WITNESS WHEREOF. I have hereunto set my hand and affixed �' i i -. mY notarial year last xbp¢r wrtttm :'r Commission r :.�7>". ,'.:.�ac�' fail--.1.`i�..8.3 � I . -_ Notary Public s STATE OF Oklahoma, Xmas,New Mexico, Wyoms'ng,Montagu, Colorado,Utah, r.�s �y- Nebraska.North Dakota,Sooth Dakota P UNPY OF s ACKNOWLEDGMENT—)NDIVIDUAL lailf;— °AFORE ME. -. 'fined. a Notary Public. In and for said Count:- and State. on this , a 19 personally appeared kw:[ be the identical person_ , desc ::i ' ribed in and who executed li 'film, and foregoing instrument of writing and acknowledgedtome to nonor thatto duly executed the same as free iuntary act and deed for the uses and purposes therein an forth. WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal the day and year last above written- , Commission Exp+-cs -_-- Notary Public. z1A. of l ACKNOWLEDGMENT (For toe by Corporation) • r{ "n this day of A. D. 19 before me personally i -t4#x09`' appeared_ _-____.._......___......to me personally known. who. being by 0.J .xy nor duly sworn, did say that he is the of g -- - - ----- - _- and that the sea: affixed to said tnxrumen is the corporate seal of said corpora- WE 41_74771 nc.- .rd that said ‘nstrummt was signed and sealed in behalf of said corporation by authority of its Board of Directors. and said -- acknowledged said instrument to be the her act and deed of said corporation. ,' Witness my hand and seal this_ ._.-____ _ -_.._.... .___.._.day of_ ....._._ .._-.._. .... A. D. 19.__._. Notary Public. •E-' Commission expires a 6 l I C. .S DI o a o r o -9 o cr 8 oli o zY 0 o t3 _ a i aa$ .. I f E 9 mg acs �o 3 x c ��' ,13m 0 I: r I:- --- to me loon n to - n .5 Identical peoa -.. described and I_x<cukd -' f e' ---,thin and fo ,n; - me at of wdti¢g and acknowledged to c r -.kf:_S' __.duly executed the sarneois Ch, T�tc� V free voluntary act . c o _:•s and purposes therein set forth. r` (-'/ -- IN WITNESS 'WHEREOF. have hereunto set my hand and affixed my notarial a year last above svriren, era" 402 "--q ..o ,us,on Ex?lees e'rl.M '..c;C.. 7_.(./-L.l.. _ __ Notary Public .2,4t4,._,-; ST'.TE OF 1 Okla Kaman.New Mexico, Wyoming,Mou nsv. Co:orad.". iUe�h, .t t 'a COUNTY OF (u- Nebraska. North Dakota, en h Dakota el- -.II ..__._._ _._._ l ACKNOWLEDGMENT—INDIVIDUAL _ j BEFORE M& the undersigned. a Notary Public. In and for said Count- and State. on this - Jay of _.. .. i9..._._._. Personally appeared a . to me known to be the identical person___..". described in and who executed -vuthin and fort-pomp ins—,..en! of writing and acknowledged to me that.. duly executed the same as _.__-. free ;eFi i Te. voluntary act and deed for the uses and purposes therein see forth. IN WITNESS WHEREOF, I have hereunto set my had and affixed —, an,a.ia: seal the day and year last above written. 'vii. Commission Expires Notary PuNic ::i E `� State of ... l ACKNOWLEDGMENT (For use by Corporation) County of On this . day of A. D. 19 before me personally yi speared __._...""- _-_.."._.-_ to me personally known. who. being by .$j" � lily sworn. did say that he is the of."_.—_.. I ._. .� -ad the seal affixed to said in.zturoent is the co _.. ' `} corporate seal of sold corpora- Lion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of DireAors and said acknowledged said instrument to be the free act and deed of said corporation. r Witness my hand and seat this_.___._."".._."_._.......""_"__......_.."...day of A D 19 °" ""e.i') Notary Public. XTy My O emi, ion expires a. est.. il s $ Y r CV o I P .n _. YX V v 6 Ark- ii I c a p s s 0 n �r I I q c aL W g 3W 3; ¢C v u ¢ Y Y O 0 I is o a i 13.mQ la y I-. ,E `o 11)- - o>S - YQee ft Fur - as - ` ski W ' _ Z 3 -'Ku o r=�2 z 0 3m o 6 £5 I 8 n a f] £ F a > m 4 w•< a AS1A99406 CORRECTION OF DESCRIPTION IN LEASE P 0'+,-4 141 r 1 tpriagN reii/Ot/ j:• 1`S C; I. : 1 %n:13 t l,r.r'i WO,I Alit, Frill I': 711N f1 tRI! ". 1fl,Ill:Dt F: IIf; D tit, [II — i- WHEREAS,we the undersigned, as lessors, did under date of . 742ypnhec 14, . , 1977 , make and execute unto Budd_y-_Daier __.___ .._. ._. . ____ _ ___as lessee, our certain oil and gas lease,covering certain lands owned by us,situated in Well -. ..County. _.--_Colorado __ State,and described in said lease us follows,to-wit: Township 3 North, Range 48 West, 4th P. A. Section 21: A11 that part of tho SES and the SW'. lying Easterly of t,e ri4hts-of- way granted to Northern Construction Company by instruments recorded in Book 228, page 109, and Book 212, page lc:, and l,in4 :urtkerly of the tract conveyed to Colorado Department of Highways, ,_t al., by Rule and Order recorded in Book 1588, page 479, Weld County RecorC::. Said tract containing 154.50 acre.:, more or Hess... AND WHEREAS,said description is incomplete and indefinite, and the lands intended to be covered by said lease are more accurately described as follows, to-wit: Township 3 North, Range 48 West, r,th P. 5!. Section 21: All that part of the SE'S and the SWI lying i;ar.terly of the rights-of- way granted to Northern Construction Company by instrument: recorded in Book 228, nage 105, and Book 212, rage 143, Weld County Records. Said tract containing 174.91 acre::, more or less. in said County and State: NOW,THEREFORE, in ei,nsidera!ion of the premises.and for the purpose of making the said lease r1 more definite and certain in respect to the identity of the lands intended to he covered thereby, we do hereby declare that it was and is our intention to lease for oil and gas purposes the identical tract of land last above described: and we hereby amend said lease in respect to the description of the IaudN included therein,as aforesaid,and ratify and adopt the same :is so amended. WITNESS our hands and seals this" i` day of__t June _.. A. I). 19d2 _ ..•''�C7 '1 Dort:: IL Smith ,a Co., ��a�))S)c�'l[tneeM11,ya ';, B..7:-.7.4.C e 1L RPrin te:LVarl8rl5' 1 Donn, jean,Wheeler, Pat_-- By: eat=:-o_.(Seal: (;dra Ldi nc Highland, cL1iIi -i Alkali le_ '1;ATE•$ OF•.ijiloraao • ACKNOWLEDGMENT F Pug‘)C. .. - . .. in and for said Coup,in the -� - c. Ss; d,'DO IIE1tEET CERTIFY That.Donna.'Jean Wheeler and Gerald ine Hi hland, partners on'bq dk' Doris E. Smith s Co., a Co-Partnerdhip personally known to me to be the same person_s__ wbose1name 'lid -- .. ...._.--- subscribed to the foregoing instrument, appeared before tie this day in person, and acknowledged i ther 4 that they signed, sealed and delivered the said Instrument as . ..__._ .._ ..._ _tree. and voluntary act, for the uses and purposes therein set forth. GIVEN Under my baud and 12taxy - seal, thin tiday of-...... June -'_-_- -.__. r_,A. D. 19'2 1 - 7 /I �'(� ( C{CL�(ti C t£L•'kc � CA-- -- rr, EAT0C S (`-7'l - - - --- --- - a -% ..3e:1.4-.C a." tit t 54•�? �.- "`�k'3u�!!=�sL. -S----'-'•7!••-•`'.71..n!"-!'t is -:- - �3haa a r7 s -^c j? -*'Aixt_EyaS 5s3 " t-C �'yg.aC, j A vr.t '�"d `.l'.F tk^ .., 2U vat; .4 rs')et"4s n 1 o'u3 r_c�d -. _t • fl &. -Fwg •t k.h1:"Jetheittivit-that '69 42 ' .. '� VW sari ere, a c-- ni, -._ ... .. _ • , es Chokw 'ems , . "G _ .- shtk ) tole of Coiorodo, Weld Cwnty Clerk E FeCdr •_ . elf rlt—C2/y, y G/�//lsr r_,.en o.�.._ l(SI.F.IeF �'; at " OIL AND G LEASE - a .a WrecdEy,-dsc, Sid 1.:,.,r-d :M1e 20 do of 8,n rrh .19 all_.by and bed wx.n 5. 'bin 8. Kite-le', .e married man doing business =i'h hi_sso1e_and R epe-+tie Prone-nit t1 _ ? 0i hvav 66,Lon o t �O_ 80501 n aver called Lessor(. r n m'- _nd 8 gre s Buddy 3a p t tier address is 1429 L arime ,D nver,CC 8020.2 - a« r c_ lessee: 114!‘ SS TI Lestor.tor and- d i f Ten a s ?lea DOLLARS 18030 - paid. the - hereby k dg d - and agreementsnatter contained.has granted.demised. 5 [ xc d let. and h t. F demise,lease and letexclusively the said Lessee.the land hereinafter fI described. with the right for the paithow••f plo in g by geophysical and O7h r methods.and operating for nd producing therefrom ol and all gas of > . ', whatsoever nature r kind.with rightsI:ray and easements for lacing pipe lines_and erection of structures thereon to produce.save and take care Weld of said vmaprtc an the -<enain t f of thoci situated in the Counts'of -A o State of Co credo _ .described as horns. o K Township 3 North-Range 68 West e Se_tion 2 ''.' SWAG recorded in Reception #1416570, A _ (Se? Exhibit A) which is attached and made a part of this lease. • • keit 145.00 or less _ t t s agreed sera this lease shalll remain in force fora term nf4hr wars porn this date and as long thereafter as oii or gas of whatsoever kind is produced from said leased premises n acreage pooled therewith or drilling operations are continued as hereinafter prodded • he expirationof the primary term of this lease.oil or gas is not being produced on the leased premises or on acreage Pooled therewith but t.thwe is then K g d in drillIng re-working operations thereon,then this lease shall continue . force so long as operations are being contmu usl prosecuted the leased premises acreage pooled therewith:and operations shall be considered to be continuously prosecuted of not e more than t_- (90:dans shall elanse between the completion or abandonment of one well and !he he beginning f operations for the drilling of a subsequent well. If afeir discovery (oil or gas on and land or nn acreage pooled therewith.the d thereof should cease from any cause after the primaryF lease shall nott inate if Lessee commences addl . aldll re-writing operations within ninety (90)days from CC date of cessation of production from date f completion of dry hole. If oil or gas shall be discovered and produced as a result of such opera G_ !ions at or after the espiration of the primary term of this lease,this lease shall continue an force.o long as oil or gas is produced from the leased 'remises or on acreagepooled therewith. 2. This is PA liOLP LEASE.ASE. In considerationof the down cash payment.Lessor agrees that Lessee shall not be obligated except as other Provided herein. t' operations during the primary term Lessee-ay at any time or times during or after the pro term surrender this lease as to all n u portion of said land and as to any strata or stratum bs••delivering to Lessor or by filing for record a -teasereleases.and'.._relieved of all obligation thereafter accruing as to the acreage surrendered. or. In consider-a:km or the premises the said Lessee covenants and agrees: 157. 1st.To o deliver t the credit of Lessor.free of cost,in the pipe line to which Lessee may connect wells on said land,the equal nrws N igM i 56)part of an oil produced and sated from the leased premises.2 d-To pay I llre4lglrtnetT^g'y ol the gross proceeds each year.payable quarterly, for the gas from each well where gas only is ¢s> �"" found, while the being used off the premises, and if used in th manufacture of gasoline a royalty of one-r+lhMtY+ ) payable 15%-1�" monthly at Ow prevailing arket rate for gas. in _ 4`� 3rd To P Lessor for gas produced from ane oil well and used off the premiss nr the manufacture of gasoline any other product 15Z a royalty nits inktk al,G)of the proceeds writ. at the mouth of the d payable monthly at the prevailing market r t 3r where gas well capable ol producing gas is not sold- or used.Lesser may pay or tender royalty to the royalty owners One per year per t -t acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease nest R after the e p at f 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the --a •er d such well is shut in, If such payment or lender is made,it will be considered that gas is being produced within the meaning of this lease. 5 If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties (including any shun gas rot alty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lance shall hay, Ow right to use,thee of cost gas.oil and water produced on said land for Lessee's operation thereon except water from I the welts of Lessor When request- .,es Lessee shall bun Lessee's pipe line below plow depth. 8 No well shall be drilled than 200 feet to the house or barn now on said premises without written consent of Lessor- ' 9. Lessee shall pay for iamag. caused by Lessee's operations to growing crops on said land. _VA 10. Lessee shall have the right at any time to remove all machines'and fixtures placed on said premises including the right to draw and remo ve casin .} 11 The rights of Lessor and Lesser hereunder may be assigned in whole or part. No change in o. ..erssi hp of Lessor's interest(by assignment `f or otherwise)shall be binding on Lessee until Lessee has been furnished with notice.consisting of certified copies of alai recorded instruments or documents and other information essay to establish a complete chain of record title from Lessorwith and then only respect to payments o.thereafter made. No other kind notice.whether actual or constructive,shall be binding on Lessee. No present or future division of-lessor's ownership as to dnierenr put bons or parcels of -tl operate toe T -_:_u the..ekes f Lessee and_r Lesseesoperations may be conducted without regard to any such division If all or :part of thiss lease is €ned,no leasehold owner shall be liable for any act or omission of any other leasehold owner. ?X 12 Lessee.at its .pt on,is hereby given the right and power at any time and from time to time as a recurring right,either before or after 'i"- production,as so all or any Part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the lease- r hold estate and the - -l estate d by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas. or separately for the production of of when m Lessee's judgment it is necessary or advisable to do so,and irrespective of whether authority similar to this exists with respect to such other land,lease or leases Likewise,tits previously formed to include formations not producing oil or gas.may be reformed to exclude such rod producing formations The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation.which declaration shall describe she unit Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production.drilling or re- •ka king operations or a well shut in for want of a market anywhere sin a unit which includes all or a part of this lease shall be treated as if it were • proorduction,drillinK k y operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein speci- fied.including shut-in ties. Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this M•ase:such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease 4ia and Included in the bears to the total number of surface acres in such unit. In addition to the foregoing.Lessee shall have the right to unitize, pool,or combine all or anypart of the above described lands as to one or more of the formations thereunder with other lands in the same general } Ts area by entering into operative or unit plan of development or operation approved by any governmental authority and,from time to time, with like approv- to odify,change or terminate any such plan or agreement and,in such event,the tams,conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions.and provisions of such approved cooperative or unit plan of development or operation and.partiudat>,all drilling and development requirements of this lease.express or implied.shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agree- ment. In the event that said above described lands or any part thereof,shall hereafter be operated under any such cooperative or unit plan of development or ipper.,in, whereby the prodansson therefrom is rikamited to different portions of the land covered by said elan,then the nmduc h bon allocated to any particular tract of land shall for the Purpose of computing the royalties to be paid hereunder to Lessor.be regarded as having t.- been produced from the particular tract of land to which it is allocated and not to any other tract of land and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated Lessor shall formally express Lessors consent to any cooperative or unit •� plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. f1' - 13. All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and O 't this lease shall not be terminated.in wholeor in part Lessee held liable in damages.for failure to comply therewith if compliance is prevented c-. in if rhsh failure is te revel 1 .Taw.Order, ul Regulation- - .__y - . ands herein described.and agrees that the Lessee shall have the right at anyS. :r ...._ __ __ u_ ...�... .-._• idol - t1 ..y,._.;tde..sea- ��. .. r - d . the -.5- t -1 :e F rid 1 -F „nd her therefromnt.. dml sad all with 0l `Rot lm t J ( D'. ! ezi op-rating ce and p, `< xr. meth-Poe I r R R. ` o fs:ructures:hereon to Dmduee•v a'a rake c o ?1d •tid.r .:id i vieluet e a. , r ,. ,a n Ph m id a .seat.d in the th.,nt, o f fF,:-. . Cch 1 nT?rin .describe, t.!mi, es.t.t....it 1N f..�av _ _ - _ ::a5iC 7 -t -Pte e 68 ;Jest - �� on ?-" .?„t recorded i❑ Reception 1416570. 1c.- �c slam': _s attached and l:adc _ part this lease- s .e:-.2. - Ztr r. ...d c " g 1 Three 4�m this rot a wing s oil„r n� .`.a - c.er Knl It shall `of f 1 I hereinafter 1 ee �i M. ,J nature or Aind is produced d premise, acreage pooled therewith, a ll D tpooled ri but ded of a_ expirationf y f thi s lease. l (ea i being produced t1 1 di premises beingt u" e then R A II F N.-working R operations 1 then this 1 shall [ eoperations 1-prosecuted 1 of - 1 d g acreage pooled therewith: and operations shall he considered to f D tdrilling � i J Mad betweenabandonment 11 d h beginning: e inerre IL Ipooled therewith.the production thereof should from FSL r n 1 R t said land m acreage tf of drilling 4. R t hi 'I" Rom f the primary t t fproduced result f opera. te�ar�T.. of sail the t t completion ftl " h 1 f( l gas shallof a d d �i •• at n after:M1, al r primary t<m of this lease.this lease mall continue force u`long as oil or gas is Orui:<etl from the lensed t`. sass Premises 4 1 lit_ x s This a P'I F - I id f the down cash payment.Lessor agrees that L shall not be ohhgated a or after a other 2. during the p-- Les t s time or times drbr'feior ft race mi- nim SJ' LS t .. provided hoperations - delivering ec .Lysurrender 11 portion d land d to [ b. a 1 o Lessor n _ kJ a releases. relieved•" lobligationth f a t the acreage fcovenants aagrees' eft - its n:a:ana,the egaxl or`ea•w b 15Z `£sea In consideration the the rse u - non on 1st-To deliver the credit of Lessor.free of con in the pipe line to which Lessee may a eta ( )part of an oil to and saved from the leased premises 2nd.To pap Lessor is beer off of the gross proceeds each year.payable quarterly, for the gas from each well where gas only is while the m being used off the pre and if used in the manufacture of gasoline a royalty of oTetr4the!hags parable 157 ffound, thl"at the prevailing rate for gas tM1 oraduc• tai a 3 d-s pay gas produmd proceeds, from well.rid used off the p r the manufacture f gasoline Cu It'ofasnfrom`a is g.)of the proceeds t the mouth of the payableused. monthly at the D i'nR market t owners a 4. Where gas capable of producing gas is not sold or I y pay tender t t-to the royalty One RCainer n -i : . retained d h ado such pa [ tender to be made before the date f this le next 1 ` f•c ( n dalbefore "d" of e Rase during e ..J.):per f_" or tender such-well made_ h willdte:hat gas being produced - tt- r mg of i I considered d I t - the wore described one than r my in And undivided d f simple t inthterest then the Ilit -4'� - 'd Shin-1): ,. :alt. )sFt provided for shall be paid the Lessor only in the proportion unties Lessor's s�beam to the whole ` 3 d seed z u r o u free of cost oil and.mater produced on said land for Lessee's operation ration thereon except water from ^di "Les r shall limy right gas -J ,he:yells of Lessor.'7. When depth. requested bum bu Lesscc',pip below plow S No lldrilled nearer than 200 feet to the housebarn now on said premises without written consent of Lessor. 9 Lessee shad damages s d by Lessee's soDa ratio to growing crops on said land_ r 10. Lesse i e she the right at a y time to rem all m" h and fixtures placed o said premises 1 ding the right to draw and ove g hII lh ee ssee`ereunde dnhoeo `E a for . a.a ..or tine )sh"ll b d 4 a until Lesse n h r rnished with n t n4 tif p 1 di d t entsnerits and the. - n cesvp `o establi ry plete hain of d titl f d to I 1 p t t p > a is � boksfter made. S. ether kind of notice.wheth.r ac tconstructive,shall be binding L No present future d- of Lessoovi - sh:p to aft portions or parcels of o sit operate enlarge the •r te,Lsrstee.and ell t _ r_tions may be.conducted without n regard to a such division_ If all or any part of this lease is assigned.no leasehold owner mad be liable for _ act or omission of any other leasehold owner_ 12. Lesseet its option is hereby given the right and power at any time and from time to tune as a recurring right,either before or after S uction.as to all or my part of the land described hertin and as to any one or more of the formations hereunder to pool or unitize the lease- - its estate and the miner&estate covered by this Ram with other land.lease or leases in the immediate vicinity for the production of oil and gas. -eparately for the production of zither.when in Lessee's judgment it is necessary or advisable to do so,and irrespective of whether authority >z to this exists with respect to such other land,lease or leases. Likewise,units previously formed to include formations not producing oil or y be reformed to exclude-suchnon-producing formations. The turning or reforming of an: unit shall be accomplished by Lessee executing a fmay of record a declaration of such unit or r reformation which declaration shall describe the unit \ny unit ro wellay land upon ell has they t completed or upon h" h operations for drilling have theretofore been commenced. Production,drilling or re working operations or ll sF t in for want of a market Anywhere on a unit which includes all or a part of this lease shall be treated as if it were _ sroductioo,drilling o g operations or a t" ll shut in for want of a market under this lease In lieu of the royalties elsewhere herein speet including i shut-in e royalties, Lessor shat. receive pod ction from the unit so pooled royalties only on the portion of such production AR :zfed to this lease:such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease ....' _ included in the unit bears to the total number of surface acres in such unit In addition to the foregoing Lessee shall have the right to unitize. el c' or combinepart of the above described landsas to one or more of the formats nits thereunder with other lands in the same general area b. entering inM a cooperathe m unit plan of development or operation approved by any y governmental o er mend authority nd,dfront provisionstime this with like approval, to dif change or terminate a such plan or agreement and,in such ons and of development of t is t leas shall be deemed modified conform to the 1 conditions,and provisions of such'approved cooperative unit :.on and,particular) , all drilling and de elop t equir meats of this tease,expressoimplied,shall be satisfied by co mpl ante with the calking and development requirements of such plan or agreement.and this lease shall not terminate or expire during the life of such plan or agree .S_ - to the event that said above described lands or any part thereof, shall h fter be operated under any such cooperative or unit plan of -eton operation whereby h rson h _ _ tit is allocated to different portionsof the land c d liv said plan.then the odor 'Vial 'ion &Merited to 'particular tract of land shall for the purpose of computing the royalties to be paid hereunder to Lessor.be regarded as having n ghven produced from the particular tract of land to which it is allocated and not to any other tract of land:and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee "r F 13 All express or implied z covenantsin of this lease shall be subject to all Federal and State Lases,Executive Orders Rules or Regulations,and lease shall not be terminated, whole Grin part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented - _ sr if such failure is the result of,any such Law,Order.Rule or Regulation c' t I S- Lessor hereby warrants and agrees to defend the title to he lands herein described,and agrees that the Lessee shall ha*the right at any to redeem for Lessor.by payment,any mortgages,taxes or other hens on the above described lands,in the nt of default of payment by -{ beratir and be suhroR t d to the rights of the holder thereof,and the undersigned Lessors, for themselves and their heirs,successors and assigns - hereby sir ender and release all right of dower and homestead in the premises described herein,insofar as said nal of dower and homestead may . • a way affect the purposes for which this lease is made,as recited herein. ' 15 Should any one or moth of the parties herein oy abe named as Lessor fail to execute hi lease,it shall nevertheless be binding upon all z parties who do execute it as Lessor. The word"Lessor."as sed in this lease,shall mean any one or more or all of the parties who execute 911f3h this leave as Lessor. Al:the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lem 6Y, WITNESS WHEREOF,p x es above written, f r—.�^..r• y IT �I' G 7 Tom R. Kiteley SS# 3-40-8640 ;S r^ 01 lilaImo. 'Fl+ + :-, '} _- ....., 7i -crNamtl V .:afb. T 'M. . .,r .. .sv. j3 .o> _ . "t.^�"si-. ':�sl +,'z'vib`83rY-�i"d:- - .`r^.c.w:i8^.6�Tei'a'�.�:vr.�?'st-�-re r,.>.. -9 ,R212. /"' __-OF ,__Ga1O - _ _ _ ...1 Gkfihcina, Tu.;n Nee N.ertico. W omn Muetua Ccla-ado U.ah II . Isis. CC:7C-s, North Dakota,Sc-sh Dakota .. f.) ,._ F „i- - taQ:''....<i FDG.NIEVT-7\DIV.DiiAi. tr "..oR- M`'. t ^"d -tart Pbhc. in and for said C•.n and Mat" on thts.._o2�._ s. 3 �n bx:,- - -4 -./k"1i.,.c—S'&_ '--+/v ' 'veaoaafiy appea.,d..,ms-nRd. 4.itelatty -a area -res*?-.d¢ilz -..business 4 - - - wi to his sot t` end seoex,to pznperty Tr -S ,-. -- ..... ' .1` to me known to be the Identical per woo_ 96am11 J g cri tAte V i ttreeted 'o .rid forego f m-writing and acknowledged to e that he duly executed tthereaps as hi4s - _= free _. nary act ant: _ _.- and purposes therein net forth. -G - leiC 01(4 - r // : �.x.trYa t.t NFSS ' F'Or. I - hereunto set my hand and affixed—lerot �! seakt•ti�£v a, - s..w_ �CY� . -mission t xp fLb C^lnifii ., - 1.12..1381 elttgo-1.12.-1987 g e £�-c .. / 1LAi"..�`�"t .`•l— -___._ 'tr<_ -'�' , Oklahoma, 1Cae.se.New Mexico.W sex Colorado.Utah, _ S OF _. ____ _ _ ____ _ _ ....� ommy, ... rk Nehrarka.North Da�ata,Scath Dakota < , , ,_., OF ___ --- --.---J ACKNOWLEDGMENT—INDIVIDUAf. iri iELORE ME. r'- nrae ngeed, a Notary Public. in and for said County and State, on this____ _ ... :• personally appeared 3. art . � :iI. to me known to be the identical person___.,described in and who executed the within and foregoing In>ina tcvt of writing and acknowledged to me that duly executed the sate az._.. _ __.—._—_Irtt �__ and voluntary act and do d f^- the ::..n and purposes therein set forth. IN WITNESS WHEREOF- I hair- hereunto set my hand and affixed my notar--a' seal the day and year last above written . 'I '-4i;' Comm�sa . .�:c+t Exf.�__ ..._.._ - ___. __- .____--_ e'. — Notary Public. n Starr o.. ACIG?OWLEDCMENT (Foe me by Cotpu.aeoe) a : ___ _ __ _ _ ____ ____ __. 'v l County f2 ......_...-.. _._. _. : y, h� - __._._day of A. a 19.__ -before me { -naa!iy -1 a y to me personally known- who being by nit- :InIsi sworn. did sai inst he S dr. ._____ _ ..._..- _ _of....._ _ ..__-_— __- ___---_ �^ __. ____-._ _ ._-_.___-and that the seal affixed to said Wtrument is the corporate'etae6tsaid corpora- ; ., tv^n and inert said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said acknowledged said instrument to be the free act and deed of said corporation. :.' rid „'L—..ess my hand and seal this -__.day of .. Notary Public . fi f.`.y C:..nm:.aion expirex.____....-_--_____._.__ _-.__-__ •. A i I e Ii - Y Id 'I nY S. XlA II I — l n V Q I; a _t I; c ti . 4 .- Il 2 i1 e �, 9 C I u f o II I S Y L Z121ov `o II � ` I s a �� -- 'i II In 2 tl U .1 �r y -.L.- 1.'9/. J: CC..., b. - :o �- cloass to be the identical person. ?(;.sO.. 4 cite.jclla.,:rcutet ,ti1 :t a r - f rege s. Di arneng and acknow!adcd t me that he duly- executed the:_saac.as = tree _ G / �y ' - Y art and t - the uses and purposes there: �t forth. �1 V� ✓,t, /� N V T 7 SS " v s a here,,nto sit niv hand aid affiszd N/ra!4!`�^"' a a:. t..a' .. . i ^ d __ Oklahoma, Karns, New Mexico,W otruary Maataa, Colorado,Utah, 5 c .._.._ -.._.. � Nebraska.North Dakota,scud,Dakota ._-_ _... _7 ACKNOWLEDGMENT—INDIVIDUAL t ' 'COPE ME. the cide^_:gned. _ Notary Public. in and for said County and State. on this 19 personally appeared -- ..______ ...._..__ i. to me known to be the identical prawn_._-. described in and who executed _ in and foregoing Instrument of writing and acknowledged to me that duly executed the same as-.----------�"e and .;c y ad and deed for the a:: v ther ein erein set forth.11; 1%rrTNFSS W" EPEGF. 7 fray:- he:.jnto set my hod and affixed my notarial seal the day and year last above written. 9 -' Notary Public. .- ACKNOWLEDGMENT (ror ax by Corporatism) 11 I ss. On this day of.. _ _ ____._ ...__..___ -.___.__..._ _ _ A. D. itt_ 6.f...e see per^^any appeared - to me personally known. who. being by me duly sworn. did-gy t A a. h. u the - _._.__ - - ____ of _._.____— _ __.___— __ _ ._..__ . a a .and that the seal affixed to d ins trument is the corporate-seal-at-said corpora- _ i at said instrument was signed and sealed in behalf of said corporation by atnhority of its Board of irirectors and said _3acknowledged said instrument to be the free act and deed of said corporation. ::. dayof - _-...___ __—.._._ .._.____-_ A. D. 19._...._ Notary Public. - 4 r ' !... d-E4S4a16 expires -_... Y. I I a 9 1 a o It ! I I i = , 'aI II 31 I g £ s b Il p II ij II a i~ 'I $ x ,y , d( .,t 4; .?? is 0 ( 3 . . c` ZR. . '15 Ij d JIt ° li if 3 > m H I �„_ 3 = x ' � �a1n k sG`g�''�-a.+AY^.o=f�_b..�,ncb sa ¢'^,. �',3r`-�q-t k -""E" ��.. tirxw�w�apXua— '"i; �3�" _-, '7- ,' 1821273 T £X:iIBiT A 3 3 `Y3 - Aled and made a part of this lease dated March 20, 1980 CI` between ssoa Tom R. Kiteley and Lessee, Buddy Baker covering the ` following legal_ description. mac- "..- may# Township 3 North - Range 68 West kkt„ t:3 Section 21: SW1 except that recorded in Reception 5645, 1416573, #I481389 1. Lessor shall have the privilege at his own risk and expense of use gas from any gas well on said land for stoves and inside g� s� lights in the principal dwelling located on the leased premises by mcc1_rg his own connnrtinns to eto - a ir fbm R. Kiteley, Less E. y r. ---, , _ . . tr. Ili _+ y -: _ . F ga F . ... fllt Flr.ne bl d / ), 09;1'.• RFC 01 !1` :"'n rl /1 1/:i 1. 13 11 7.4 lib t .'bt?, IE ' , . . . iir , .a , , rt . IL ill I I-lilt . hi;i,I II.Iii 1'7 wl_I I) I.II, Lli DECLARATION OF POOLING AR191fleg AND POOLING.AGREEMENT IRIS AGREEMENT, made and entered into as of the .,ti� day of <n;,tr;bee 1982, by and between the parties subscribing, ratifying or consenting hereto (such parties being hereinafter referred to as "parties hereto") . WITNESSETH WHEREAS, the undersigned parties hereto own working, royalty or overriding royalty interests under the Oil and Gas Leases and lands set out and described in Exhibit "A" attached hereto and made a part hereof insofar as said Leases cover land lying within the unit hereinbelow designated; and, WHEREAS, the parties hereto desire to pool and combine their respective interests in the lands and Leases described below for the purpose of developing and producing oil and/or gas and associated hydrocarbons under the terms of such Oil and Gas Leases and the terms and provisions of this Agreement. NOW, THEREFORE, by all parties subscribing hereto in accordance with the right, power and option granted to the Lessees in the Leases described in Exhibit "A", the lessees do hereby declare the lands and Leases set out below pooled and combined as set out below and in consideration of the premises and the mutual advantages accruing to the parties hereto, it is mutually covenanted and agreed by and between the parties hereto as follows: 1. The lands and leases set out and described below shall be and the same are 4 hereby pooled, unitized and combined into a single unit for the purposes of developing and producing oil and/or gas and associated hydrocarbons from the following described lands (hereinafter referred to as "pooled area"), to wit: .uhaship .-.r' , P.. ,. l? h -.t, r.:_. I', e1•. r. - I•.. . ., ,:11 ,...." . ',!(hits. ..rr..-., ,. .,. 7••__ provided, however, that this Agreement shall extend to and include only the oil end/or gas and associated hydrocarbons produced from the surface down to and Including the base of the "J" Sandstone Formation from the :hooded area ( ere_na-her referred to as "pooled substances") . The pooled area shall be developed and operated as an entirety as though the pooled area were covered by a single Oil and Gas Lease executed by all persons owning an interest therein. There shall be no obligation on the Lessees to offset any gas or oil well or wells completed in the formations covered by this Agreement on separate component tracts in which the pooled area is now or may be hereafter divided nor shall any Lessee be required to separately measure pooled substances because of the diverse ownership thereof. 1. The location, commencement, completion's continued operation, pro .:s'.:p: or . reworking of a well or wells for pooled substances on the pooled are. ..a;l be construed and considered as the location, commencement, completion, cr'r. o•tic _ operation, production or reworking on each and all of the lands within afr= comprising the pooled area, and operations or production pursuant to this Agreement shall be deemed to be operations or production - vac!-. " .e the subject hereof- .. Nuyalty, overriding royalty and other burdens now emoting -J: ...h .., nay .w- lereaf',-r created, acergung or paynhl" with resl,ect to pr'.do•ai . . . 1 r" HIGHLAND H• F r2 A: r1rA 6'! „urr i,f I•�F I II IU 11 { f I !. F 1 Df fiF.i WII_li CO. CH POOLING AGREEMSST Page 2 substances from the pooled area shall be determined by allocating such production to the separately leased tracts into which tee pooled area is now or may be hereafter divided in the proportion that the surface acreage contained in each tract bears to the entire surface acreage contained in the pooled area' and thm royalty, overriding royalty or other burden on the '-Jerking 'interest shall accrue and be paid upon or out of that nortion of ..t production so allocated to each separately leaned tract. effect for so - as This Agreement shall h: and remain in full force and . any the aforesaid leases, or any of them. remain or are continued 'r. fore! a.- - - part of the pooled area, whether by production, extension, renewal or other-•s_. :pail ... a:.'/ This Agreement and all opt ration:. con_e-.plater hereby s :•'. and all applicable laws, rules, orders and regulations pertaining to -- .. .' f development and operation of the Gil and Gas Isnases affected hereby. ]. The covenants herein shall G. construed to be covenants running wit:: t.., land ..cce. o, ;n Interest with respect to •theinterests of the parties hereto, and tncir c..___.� .:: until this Agreement terminates and any grant, transfer or conveyance of any land or interest subject thereto, whether voluntary or otherwise. shall ., and :5 :yretv corditioncd upon the assumption of all obligations hereunder !. the ,- transferee or other successor in interest. ...•...•....•par .. :... _. C`us i. _ec,rnt -ay .`.c cr-c^ate•, ... ,dry ..... .�:_ .•.. .• or =ay be rat•. ., contented to needs to be execute? by all parties hereto, . . -.. by separate instrument in writing sp.':—ally referring hereto and :ha:, be hind:... upon al: parties ..... Fair ex..cvted ._... a c .•n_ , -, .^ —_ [7) Partner YEP- ____-_-_____— ff q 1 SECYETAT-1 r...�..._.•' 1 ZEN:Td d;L.::Ji, CG?Po:;=:',N :r- -�-f- =a a , SE PIMP"! C. Hobert Buford "t ........_.. �- Ot 1 r ' n . :ma. ..-h. E, .._ . ,.. >:.� HIGHLAND #1 • e .. i :.'4 rr "ly/fli 1i ' ii t4:1.CI') ;/x11/, - i ry.,4y r1(I-'( l:rJrJ FHIFK.' I IN III-All A I.I I-A61I i. WFIIi 111, III • . POOLING AGREEICNT Page 2 Substances from the pooled area shall be determined by allocating such production to the separately leased tracts into which the pooled area ` r..- or may be hereafter divided in the proportion that the surface acreage coota in, in each • tract bears to the entire surface acreage contained :n the pooled area and the royalty, overriding royalty or other burden on the working interest shall accrue and be paid upon or out of that nortinn of the production so alio-a'•d .o each separately leased tract. -. a. - - ,�.,. ac aa, Agreement shah re and remain .n full i - effect- • the aforesaid Leases, or any of then, remain or are cons forte a : to any part of the pooled area, whether by production, extension, renewal or ot.'.er+ise. - - 0 . ---- This Agreement and all •ratio-.s ...n- -; la' , ....a.- . - a-r} and all applicable laws, rules, orders and regulat:o, : ..-.. --.1; .--.,:. development and operation of the Oil and Gas lease: aff . -•.= , 1. -!e covenants :^rein shall `e constrded ha l+. o. . - . _. _ , la-d with respect .Y^rr;,ts of th `parties ., -o, a- I:- Interest - until this Agreement terminates and any grant, -tramher any land or interest subject thereto, whether voluntary or o, ..a. . aid ic fend:: conditioned upon tte asssaptior of all otiiga _s -err._ .. , __ ,tee. transferee or other successor in interest. :hi:. Agreement may he executed :n any :.u..- - --, needs to be executed by all parties hereto, ae `,. r-- .: .• ' ... ,oiented to dy separate instrument in writing specifically - r....--r, r a.1 1; .,nd; . upon all parties aho have executed ...oh a cosntt...a a -.f. . . of :so,-.sent `:ere.,. l %:ITIIESS WIIEPEOF, the parties hereto erl " •ff. -. ve S". as of the date first above written. _ ' ::OPY.lNG I::TEPES-2 Af:D/OP. O:EPpID:6i pG(ALr/ :..C:.?al:T . . y TIEST: • ��_ Pi- �4/l„�' fil it CPE TA:•( AT:'T rL• (a � _' , A5575T SFCpF ,. -_.. -,,a,. A7-1,5.--: :� y• ap , r ,.�. . .venal -/9 4�I Partner • � .. r a a� El:_6,L- --- „_ - SF.CPF.:'A'r'y GECRETApy .. - [< h/ I) id 0,9 t / JI 0:'/17/11; f 11 7.AIt.Op q:Otr. —2,-,4 i-1ni-. I,r1N 1 I III I-:II I11 I.I I ICI' 17 r-i l- t n ;. Id 1 1 II, IA' PfJLSNG AGPEE:SENT Page 2 • the pooled area shall tr determined by allocating such pro'3uction ; toGtherres from to the separately leased tracts into which the pooled area is now or may be hereafter divided in the proportion that and the the surface acreage contained in each tract bears to the entire surface acreage contained in the pooled area; accrue - / royalty. overriding royalty or other burden on thel working so allocated t sd t shillll accr and be paid upon or out of that Dort inn o. P j _ separately leased tract. / _ This Agreement shall tx. a-.! r.tea.. in full f and effect for se l,.s-; ,_ the aforesaid Leases, or any of then. main or a continued in force as to any part of the pooled area, whether by production, extension, renewal or otherwise. _ 1i '.II .- „ and all applicable laws, rut hers and -.c r ola onpertaining .o development and operation of the 5,1 and .as seas.s affected her e to . . 5ove-:an_. , with the land The covenants herein it shall ` construed ^ in interest with respect to Cc interests of the parties hereto, and their -� c -. :� until this Agreement terminate; and any grant, transfer or conveyance of any land or interest subject thereto, whether voluntary or otherwise, shall i . and is hereby -.ar e conditioned upon tfe ass,�u ption of all obligations hereunder the __- -- - transferee or other successor in interest.illexe ? / needs^to be executed try all la ripe. t call, orre ratified c e c..11/ _ 1 un separate iarti in writing e .. - ` r . . nt v pon all parties who have executed �.._`. a counterpart,a ratification as of the•date ffirst above wr;tten t;ERCY 'DPr':. roc=s— faro/o= f;r,,'riD: :c rW '-f ITI:PE.S7 OWNpso E( ,_-f : //r... rr / ➢II,/I >�C',T:.Pt Pe Lj -. =.: Sttfy0la1L - . -+'t Y �„SSI I ECPETA'( e j'1 ' J- '. . .,1 ,...,. :.:f) P ,' FS rtn rship AT{26"c.�Q�F r P , -. . . . Partner • e"; I p•elites; - • P PES I SENT v ECPF T,IEY G/. • _ _— . •, _ B 09119 AFC 01917SG.'4 02/1 7/P,i II 1 i 'InP,/ , I. -- I QfL41, MAI:Y ANN 1 FIIFIVTf TO 1.111[I! 1. FFCFIAD-f WI i p 0, TT! a POOLING AGREEMENT 0 don 'WITNESS: AEON ENERGY CO. (int I fC . {C_�a ((( BY TED E. AMSBAUGH General Partner WITNESS: ), ,,, r; Tint�I,..,y, WITNESS: (2 ( ; - ' e-. - -SB F. AYSBAU;It WITNESS l �' i, l � ' , jS,IA7,011 L. AMSBAUGH WITNESS: �' , 9'i DE' 5. WITNESS:( // ( i CIIPISTI[IA L. SUYDEP I V WITNESS: r /'/ < i PHEN . EVANS WITNESS: / Y 1 > MM-e)_•wIT.:ESS 9 ' BUDDY BAYER _. WITNESS: MAPALYN C. BAY-EP. _ - � C..4.—cct e_, y s is HIGHLAND V.. - - D O?U? PE(L en !1'119;4 r. -. .'JP.-', ,, t . Ln;:.hfJ e./01,e,� ii I 0'749 rIGI Y ANN I IIII I. ILIrJ I.I I IF S. F.FC1IFFJF I-: WF.1II CO, CI - ' POOLING AGREEMENT PaN77 ) WITNESS: AEIN1 EIJEPG'! CO. _i„i Ti,: -(• /-,it, 3'f: e,1J / TED E. AMSBANGN\ General Partner WITNESS. (// / / ; 7--r_ • WITNESS: �] , / / - WIn:ESG: L lG WITLESS: % AI / .--O:1:-_ _ --- ! /.1'r, ` LiAi J Yy%� , - / - � yAPf% ti 1.3E, WItlESS7 y - - "IiPISTI'IA L. S:YLE? : WITNESS .. J EPIIE:1 -7/..,IS 4 WItIESS: n i WI.Jr Ss �y/ / /----5..He. ,...er_I--C- f ..-n-c. . .7 ' r W I TILE PAPA. l. C. CAYEP i • a Si t•. r - - ✓9r9 loEc Ulv1 i224 02/17/83 13 11 $42.00 //C)1/, V 0550 H0FY Amt Lci HERS1ENIJ EF:Y7.. Pi-1;1iF0Ek WIl D CO, Cll , i. VOOLI) .....- Pat" 4 PO?ALT! OVINE PS S< ATTEST: 7.,./1_(-41Z:242 r:craldine Hi rhland• F ATTEST: }¢ - F Ir,renr•• r., r.i!...lrr , e. ATTEST Li Lrrt; !all .ra . .u. .;9, ;nrcrir , ,. al - }' } ,. WIT:ES WITNESS: r;ci � F TIES : WI 771ESS_ 34{. WITNESS; WITLESS WITLESS: • �, WITNESS: _—. _.. • C . P OPP? frf 'if 7221 7/33 1!. 1 b44� O() /014 I 0S',f HAP/ (diN PI IlFRJ:II 1N f1i ifV l- Pf r'fiRiiir Wfl I7 1'0, I:p n•.n�.I`.- E... -_-- - _..... Pap 4 PO4nLT( OWNERS • 7:7:EST. Lihcrty Hall Grange Nc. 4;9, Incorporated 4-4(1_,1691 Harold A. t.eonard, Secret..r7 rrnnst .lohn:otu President A1-27.1,7 ATTEST- ATT 37 { __.__.. WITNESS: • r • WIT:E5s .t^.-.ES>. . 14:TitSS- • WI TN SS- .:TNEES- W:TNESS. _. -. .o.a�„ • Fi OW)? Eli.. (1191 ?9 .4 02/17/23 .- i.d;..(ilk '//011: F Oh57 M(4.-Y GNN F-FIIF-I "ICII1 I:I `[RF 1, I F F.(IRDFF WFI.U CI-I. CIF 0 POOLLNG. AGREEMENT CPU. $!E(( INDIVIDUAL ACKNOWLEDGEMENTS cc- s+-—0-0_. " 12 'ninrnr3n ) n_�Jfj. ,�y�� r� ) Ns. A .CUU�1jll. r,m,.r VF's t, "' c Op lZafte ME, the undersigned, a Notary Public, in and for said County and '§tats..cei this al-h day of crrr'-'nhrr , 1982, personally appeared ,nrald,ne Highland. a married woman waling in hrr nit- and sroarare rrocrrt-• to me known to be the identical person , described in and who executed the within and foregoing instrument of writing and acknowledged to me that _ _hr duly executed the same as he. free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. /j - My Commission Expires: 1 ' m . i p ;'e ! li'r-.� _ Notary Public . .. Address: ,;.-.. • a nor ,[>a9 'len vr.r cn1nrer'n Pn2?i ? •' J ( C-1" e -. - - . *IkIlle 4/1k rbl-it adr, ) ":�".Cf�,4i'1 tf- .. ia•:-:rr 1 Cr ,..:8yORE. ME, the undersigned, a 'rotary Public, .n and -.r -a. C^rot; a §aaLe on' this 5th day of 9ra..„,, r ,r 19,12, „ersonally^• appeared .rv.;t vi rrlr- and ='lornnre y, , l..; ,..t ,mod ,-,a - to me known to be the identical person .. , described in and who executed the within and foregoing instrument ot wr:t:ng and acknowledged to me that - t:v r duly executed the same as .., free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hard and affixed my notarial E. - seal the day and year last above written. i My Commission Expires: ' I .1 ' 1 ii. '4 i Notary i'uhlic _- Address: s ri p.;.. If-,1'; _ ., S E.,... 1 5„ e ? (/ 5. ` `C's'lbYtlbfi -.. o 1•,radn ) - ___.-_ p- ) us. a`CO09r y:37 .'o a rrmrr I 0p b1; F a:, the unde rsrgned, a 'rotary Public. in and for said County and s • S .,0 on 'this n.., day of e... , 19P2, personally appeared n v r•lr a m"a ri'Amin .1, -1ins in '':i- .-ole andelnratl_ __.. _ :+ro;crtl to me known to be the identical person , described in and who executed - - the within and foregoing instrument of writing and acknowledged to m- that • duly executed the sane as h„,. free and voluntary act and - deed for the uses and purposes therein s-_ forth. - - IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial . seal the day and year last above written. �/ / sr My Commission Expires: / ' 1 i ir / I.C l'' •_2‘,11-.,- • Notary Putt'lic Address: lc d12 r-•.mSor 29. 1985 a rn. ?Cl V - Denver. rolvrado WO,1 1 O . ' HIGHLAND ?'1 F ,r H OYa9 NFf- ( 1 . .•.m • r ?.ii ii fly f . 11 t4 i. ic i/co/, 1 'O1/, A r .mss., ne i Aim. [Hub CIF IN CI I F:V t. pr 1010FF URI 0 1,0, CO POOLING AG aF S •.YFT Pays , /" /. . CORPORATE ACKl+O'd LEDGE..c•;^S l / STATE OF �'/l/• tJ[�L 1 COUNTY OF 1.(vi, /' >4 h ' 19x7, Subsess bed andiworp)to bef c ne this ��C.• day o:/ fy/�/ ' _ of AEON ENERGY CO. WITNESS n, hand and official seal. , - ' ' My Commission Expires: (_t�!D- .� - 14/�l,/ _-_— iL.'(• 1 d/ _>.-LI, /9 ! --- ' / /( 0��%/f ,. i_ !-%i - s . uut< t.f, ei �. STATE OF y nc\p 1 ^C 1 „.COUNT( OF Wan' 1 E i Subscribed and sworn to before me this, 2y day of -t rr f r,r2,1 sy t '2 b'/ t_St .1'o New as 1if�,ifr.1Y ____ —___. of 'ioiar1 “P0- CoPA.xr No a 5'I. tx..5r,-ii,i,rs_i:3 -- — ___ __ WITNESS ny hand and official seal. -- _ `� /... ro^..i-s ion - `� \�S c `�C '.4-'j - .f cxpirer.: Solar.: PPublic ' ' t t- ;L-V Address: 2 t i Ff✓it tj _ _ STATE. OF /2/0//i/t I • / 1 s,. COUNTY OF /1:/,L'L) 1 Subscriibed and worn to ! .,.fore e i� ey // / '1 , b7 /, /�•bl�lA ./'/ as (-(7,- /7 .1//. f f —_ - - -- of r 1'(CL /-/it r- '/1f %/Vit'//2 /cr'7L. . ',III-NESS :vy hand and off Isla' s,-a1 . _._. f 7 c/ /,,' C�c..usi on Expires: � �� f /1( ; Notary ?ubl:c ,- i / /%/S' Address,' /lit (////10 ,/i, /r/ -rif, /,- u/.' • _,/ limn, f'7 7E,;?....2 STAT:. /,,,,,o e, r e. c I x 1 so. _ .. COUNTY •OF ' 1 • Subscribed and :;worn�to before -e 1. I'•l ::a'/ of 1: l- '•-"'3 r . _ - - o /_n•:r At (e•/J.r n/t rye. *r.. $, /1/4 -. " kr- l my hand and official seal. V - pF2 :/ . "r `!9.‘ito -ssibn Expires: '/li te/1/4./?` _.V , at(_ ....� _ 4.. ON Co O Notary Public _ " - {'U1' 'g. Addr os: _l / ,,i'c , t4. /4 ' ,ii,/x1.+r..,/_Ls__ -. T .. lams HIGHLAND #1• P O/-17 EEC 01'117;1"_'4 0."'/17/133 13*1I SId.00 1I /)1F - - F 05'-,4 SC-• e ANN f f II C:;;FiN ( t rme h I(ECORDEE WE I.0 Er;, III POOLING AGREEMENTPan° t. CORPORATE ACKAOWLE DGEHE n—s STATE OF �q,��,((I/�L ) / ' 1 ss. - - COUNTY OF )1/1.4,,,,,,d 1 Subscribed and,,wor/nnyto before no this ��C - ^ay o£ /P -1 , ' by (C'!c/r/'ra/i l '!X/.(.6"1.1 __ as 17.: 1 ,ii(%f id' - _-- —._--. of AEON ENEPGY CO./,/ :;I'IFS hand and ,..Ie:al stair / - L- 4y Co ,nn . Ion Fri—urns_ /// 'l[`_ iG/Cy _4 / 1 'r�l/ // , k/ . 'C L1 �._/� ; s /? ./,'"; -- STATE OF S p'LMrp 1 1 COUNT/ Ci Lail; 1 p 4 Subscribed and sworn to before ne this. 7y day of iri f r_e,,F� , t'P2, - by F AI,t5T TONNSw as 2?KIi4,i7 of l-,aun L{/ - eQa&c* New 4511 (.ter r-fiicf.PTfJ W1TNF55 n/ hand and official seal. , -----' 17 c My Co sission Expires: �C_ Notary Pnbllc U- ab- '-4 Address. Z9t-1 rI.ilt.N 1?sr` -t' "•Lail s• STATE of 77//o/n76. 1 --- -- --- / ) ss. eau-NT( 0= /:./r/C C'C-1 1 bscrrbrd and sworn to before ^.e this 1/w/ ,day o /' iie2.by /e/ //Gt.-it/44- '( .as /-stir 7/i•.J//r 1. of _ VL I file tit, %2?Fe'14r//r•), 4. -- -WITNESS my hand.and of ficral seal. _. _._—._ ) Gscns,sion Expires: 7 / //// !_ '/////'1 %t .. Notary Public ,-. - - /�iZ / j1�% Address: //// //•/,./.I, 11 _ // J1,, - .. . _ STATE OF Kansas ) 1 ss. r COUNT OF Sodgwick 1 - Subscribed and sworn to before me *hi . 8th :la/ ..,1 February. 1983, long. - - -=, C. Robert Buford. as President of Zenith Drilling Corporation '- WITNESS my hand and official seal. - - My Co:mission Expires: Jrr�, , ns/V rnl z, tj Notar0/tl'het 15, 1983. tddre-vs: 505 Fourth Financial Center e Wichita Kansas 07202-__ _ ,. • aoTAR1, - —_ •-= • ...•— • , : Au floc' re, -,a r i;3.:S aCs'a1..Yalti a/�Effi�:.,.'.—diAl•- ' _ P 0289 F.Ef' 01917024 02/17/83 1,-5- 11 $413,00 1J/01-4 _ 7 ". F t)S .S MAGY AFJM FI-.IIFFS II1t1 f;L Ill' b III,oFDFf: �Jll I7 f:fl. Ifs POOLING AGREEMENT Page 5 CORPORATE ACKNOWLEDGEMENTS . - .:::: //: . / STATE OF ( /.L e..t a,,, /, ) ) ss. COUNTY OF (i/•q.C y,fki ) /. • Subsc Abed and. savor Jto bef e me this �1C. 7'4 day of/12/4/7// ‘ . 1992, by �.�:/ /aid `- l '��1.{It t as j7Si t,/f/:// • of AEON ENERGY CO_d .4?;TNES �p ne0� / ,. - - and and official sent. //' j \\Ci F/nL L,„..t, / f ly•Cor4' ton E xrr rr..;: 7.7/ /1/E- . /� ;`///v/!/_ _ / ~:.A/ fir " �iY/ o ar/ '"' °�(r / u� ,� r'J/i- F�U — oo co_o . _ .- STATE OF _c J- --\a.A`V 1 COUNTY ...r i..i,sao- I i' Subscribed and sworn to before me this ryO.0 _ day of f r'i£MMES . 1992, b/ ER&ter To NNSv+ as fr'Ktubwr Lpof T 1 Ulat2rl H ,i- C P. cf jJo. "5'I, t, -(;ke imc•• 5. WTTp SS my hand and official seal. Cif 01 /' t- < a i 1W-fon- i ion Expires: \..C'. .�'.c�- �'-oAv..'J '` °-'''.. ,'--. C/ (" 1 ` or ar/ Public s ©L.1)t �4 ' 9� Address: Y`)Ll1 £ Gam/i C- i { I2fvUEC .et' 'iCG_C_L ' Or C ' 4. . . .• t tt. STATE OF /277'///(. ) COUNTY '/ f/1/1/ ) Subscri/bed and sworn to before me tht f. 1 / lay // —__ / /' 1'192. by /.f J'/,y /r/_)/'r -as ___,,,::/, / //, // .� '( 1 / '--- — ' • of.^ --' i all /—//e ///. //2./i Cl 171 /'r I ' -• . WIIpTtiS9..rey'.hand 'and official seal. • . _ Z• n2 Co a*t≤ on' Expires: //- /.//• 7' ,-///////: :,-,/, .T 'o / \ Notary Public x.,')k7 l-� ' J/2 Address. /«L ( /.///1/t, 11 . 1i1</" //! t E 1 STATE OF ) 1 ss. .r COUNTY OF ) Subscribed and sworn to before me this day of _ , 1992, by as of - WITNESS my hand and official seal. / My Commission Expires. a votary public - _ Address: o Alt • D+ v 3' .:. ..: .•.... HIGHLAND #1 H 0909 REG 019120'24 07/1 //a3 1.S I1 I. lit 1,11 1.S/OiA ' F 0556 MARY ANN FFIi F';T1 IN :_II.FI' fr REt1)1.1a 1.' ill I I CO, rTh - POOLING AGPEE:LNT Page 2-, CORPORATE ACK::O.JLEOrc:.:'r'S -- STATE OF ( ei/1x,L1I(/t ) ss. COUNTY of 4.v kJ' ) • Subscribed and lwor /to sC re no this 46 r da/ of/ '_r'i/ , 1302. by (X!e Ia/i Cl '-/jiA-(( /'< , J,rlr/i -- of AEON ENERGY CO.d ailNFSS my ham: and offictal ;ea,. / - /. My Commission Expires. ,--b2// tJJi [5f�/ / /[///s.i1l/ o l y STATE OF f,, pp ,n 1 11 COUNTY Of W2gct' , . -_ ' Subscribed and worn to before me this, pit, , da-, o. t/2frf _,F� . lOr'2. by Er{utST 3—oN.aSsa as Ire`,.c< )1 —.. of In dial 1 Hai- �en„Cf hie- .15`I Irx..nicacarvil_ s: WITNESS my hand and official seal- --- \ ' C ' , My Commission Expires: - I'-c'✓ )c :..J� �I '•'rotary 2..n1 .7. - I l- WI,-�'l '''d- __. 2 e I f a.r cri • 4tsibli_CSr' TELL e i dipSTATE OF ///i lif/l( 1 --- — —------ COUNTY OF /(G/L{_'(/I 1 _ _- scrllx_d an) sworn to ',afore re t`,r. :11._/ ay r, //,_.,/ /..C , :791. by /<t / L7d/Ua/-'/ .z / v - / i6/7/J, .1 of ' rYC_Ci /`el( le-(• I/'yit'gelee'2.:' --- --- - tv WITNESS my hard and official seal. -- My C , esion Expires: // �'c_ % //e, . --%/////- r,-•` :oca:/ Public /, �. /l7 % /9j Address! /%(L!//.'/j/.r/): // .,Yire6' /lei :. //�t� _l r ' / / // 2e.. .. _ STATE OF etilef2?(I ) ) ss. Subscribed and sworn to before/f� me this / day of�.J /ici 1383, .. by 3013.0,/ 'C PAs , and ////Vii/ye/ e_xl 'E�4 Al'd/r;4 G 411 O'ft'e 1-• KR,) t` TNESS IDfiy.faand and official seal- a sv A: �p' Ry .� ` o Mt ccimm1.45zoR Expires: �/- a -l�1- --a-51‘_ _—__— �j. f / to Y Publi 7- /p� Vr(i ii,W- V , '- '- co .. /t2 cl,2-}47 • ,, R a+ • R 0984 I FI. 0IY1 /d:'4 G.'.'I 1.4:3.1,0I ,.. I i1.4:3.1,0 i 4/r,,,, _ F N F' 0•,,,/ MCI f ANN E CP_ N:If I I•I F II 1. NI WII-I1 r1) rA Individual Acknowled_pment STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) . - BEFORE ME, the undersigned, a Notary Public, in and for said County and • State on this ,il;/I day of / - , . ,/, - / , 1982, personally appeared TED E. AMSBAUGH On:behalf of AEON ENERGY CO. and as an individual , SHARON L. AMSBAUGH, LOUISE K. BARP.ETT BARRY L. SIYDER., CHRISTINA L. SFIYDER LSTEPHIEN B. EVANS•anq ELAINE S. EVANS to me known to he the identical persons, described in a2Q ldbcCrxecuted the within and foregoing instrument of writing and ac ifledgea.11,p me that they duly executed the same as their free and ydlLHc3r_Aft ttnd deed for the uses and purposes therein set forth. ' i fHF-ttjgtlESS'WHEPEOF, I have hereunto set my hand and affixed my notarial -i 3t-0/( aci) dRO year last above written. -� / My tOFrg1�SCSjQ° expires: VICKI L. CLARK _ NOTARY PUBLIC June 10, 1985 Bus. Address: 405 Urban Sk:, Suite 302 ---- - ------ Lakewood, Colorado 80222 e I n r • q w. ER4IBIT "A" FAQ, { no 1 JTAn: OF , lnr,,{.. _. QOUP7fY OF Wnl,t Attached to and made a part of that cot'.,:, ': -c1arat ion o. Pooling and Pooling Agreement, dated Seutember 9. 1982 P.Y AND BETWEEN, Barrett F.nc re :ompanv. e' '7I. , for land:. in 1tW?151{1P_) Nortjl • , RANGE 68 West , 6th P.M. -n l!, Stec ion 21. 54 ____-__ .__ _.____ __— ___ __ Weld County.. Colorado. II SI 0(� 00 c , _.— __—__ RECORDED D ASE N0. LESSOR .i:Jdt1E DATE UE:SCRI PTION SOCK PAGE/RES. e 7 I, Doris E. Smith 6 Co., a buddy ❑.tkar Novemlrt 1-I, 1\379 township 7 North, Range 68 West, 6th P.M. r v ��yf Co-Partnership Section 21: All that part of the SES and Z • 5W4 lying Easterly of the ., m rights-of-way granted to m ,a Northern Construction 7 • Company by instruments 7 0 recorded in Book 228, page 109, and Book 212, page 164, r N Weld County Records Z J N U.Rcr M. r. 19, 1980 town shi 3 North, Range 6B West, 6th P.M. r "i Ernest M. Kiteley tc ley and Buddy E7 Flo[once- G. Kiteley, husband Section 21: SWS except that recorded in s 7 and wife Reception 41079645, w • *1416570 and 01461389 r .. 7 Liberty Nall Grange No. Excel Energy Corporation June 4, 1982 Township 3 North, Range 68 West, 6th P.M. n • 459, Incorporated, a Section 21: A rectangular plat of ground Colorado .orporation in tie southwest corner of o w m > the SWS 422 feet long, east. M m and west, by 169 feet wide,/ £ j north and south, lying Eno, adjacent to public highway 0 w on both the south side and n west end of said plat, c in • 0 containing 1.2; acres, more 0 n o. or less Co. • I ' .i'� • I � I • 9 j EXHIBIT "A" PAGE J of J STATE OF Colorado al"( OF weld . I Attached to and made a part of that certain Declaration of PocI.ng and Pooling Agreement, dated crptemher 9_ 19RJ yy BY AND BETWEEN, Barrett Energy Company, et. al., for lands hr. J,MWNSIIP 3 North • aANOE RR WPet , 6th P.M. T Section Jt. c4 , Weld County, Colorado. WI 0 N • o cl d RECi RDEO 3.7 o 0 LEASE NO. LESSOR LESSEE DATE. DESCRIPTION BOOK PAGE/RED:. * 3 T.+ --1 --- D ,,, • ry 7. :7 Tam R. Kiteley, a Buddy Raker March '_0, 1980 ownship 3 North, Range 68 West, 6th P.M. 399 1821279 ._1 married man dealing 'ection 21: A tract or parcel of land, -> in his sole and containing 3.00 acres, more 2 separate property or less, in the S1/28W\ of 7 0 Section 21, said tract being more part.cular ly described — > as follows: Commencing at a :' O ' point on the south property line from which the southwest '— — • corner of Section 21 bears l— `1 N. South 0607'30" West, a i distance of 1566.00 feet; thence along the south ,i property line, North 89°21' u East, a distance of 26.40 _. feet, more or less, to the point of beginning; thenceo (1 along the east right-of-way 72 line of the Sanborn o 1e 37 > Reservoir Ditch, North 46o48' S = ' West, a distance of Sg1.40 c o feet; thence North 89 21' T: 0 . East, a distance of 448.20 o feet: thence South 25°14' n East, a distance of 430.00 o 0 • feet; thence along the south o property line, South 89°21' a P West, a distance of 220.00 feet, more or less, to the ' point of beginning. • • • !- , , , ::;p, u.,. s.l..:i ut ":rW/ <.,,... . . ..e„a e .....-4 v. .r. w,.. .. e;,.tw, .. .... .• 1 .r..: ..I"I • i 1 I. ; ' B 1019 REC 01954196 01/26/84 10:51 $6.00 1/002 - AR1954196 F 0797 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO COLO:.ADO Right-off-Way Grant M KNOWALLMEN BY THESE PRESENTS,chef Geraldine Highland { of the Poet Office of Longmont in the State of Colorado _ hereinafter referred to as"Grantor"(whether one or morel.in consideration of Ten Dollars 181000)end other good and valuable considerations.to Grantor in hand paid,receipt of which is hereby acknowledged,hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, A Delaware Corporation,having • •' an office at 636 North 7th Ave.; Brighton.Colorado,80601 its successors and assigns,hereafter referred to as "Grantee,"a Right-of-Way to lay,construct,maintain,lower,inspect,repair,replace,relocate,change the size of, operate,and remove a pipe line together with the rights for drips,pipe line markers,valves,launchers,receivers, cathodic equipment,test leads,and all appurtenances convenient for the maintenance and operation of said line and for the transportation of oil,gas or other subetanices therein,under.on,over and through the premises hereafter described,and the Grantee la granted the right of ingress and egress. to,on.from and over the following •:,s. deecibad ream,'for the purposes aforementioned m the County of Weld in the State of Colorado, to-wit •All that.pati-t'of the Southeast Quarter and of the Southeast Quarter of the Southwest Quart rof"Eect.lon 21, Township 3 North, Range 68 West of the 6th P.M., lying Easterly of the rights( of way granted to Northern Construction Company by instruments recorded in Book 228- at Page 109 and in Book 212 at Page 163 and lying Northerly of the tract conveyed to Colorado Department of Highways, et al., by Rule and Order recorded in Book 1588 and Page 479. we' TO HAVE AND TO HOLD said easements,rights,and Rightof•Way unto the said PANHANDLE EASTERN al - - PIPE LINE COMPANY.its successors and assigns. _ . All pipe installed hereunder shall be buried a minimum of 42 inches -Grantor shall not construct or place anything over or so close to any pipe line or other facility of Grantee as will be likely to interfere with Grantee's surveillance of or access thereto by use of equipment or means customarily employed in the -.- - surveillance of or maintenance of said pipe line nor intentionally cause the original cover over said pipe line to be reduced below whichever ie the greater of a minimum cover of thirty(30")inches or below the minimum • cover required st any time by any applicable pipe line safety code.All damage to growing crops,drainage tile -and fences r ences of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done.The Right-of-Way granted herein shall be fifty(60')feet in width. This Grant shall be binding upon the heirs.execuu rs,adminietratore,successors,and assigns of the parties hereto and all rights herein granted or any of them separately,may be released or assigned in whole or in _ •_ . _ part. It is understood that this Grant cannot be changed in any way except in writing,signed by the Grantor ._ and a duly autsasd agent or the Grantee IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals thin 10th • day of January . A.D., 1994 Geraldine Highland 7 • • .. . . • ACKNOWLEDGEMENT FOR HUSBAND AND WIFE - . - STATE OF COLORADO 1 1 ss COUNTY OF 1 The foregoing instrument was acknowledged before me this ,day of 19 . by and . his wife. NOTARY MIMIC -...._-)_)-+::... N9 Commission expires: . . H 1019 REC 01954196 01/26/84 10:51 56.00 2/002 - _ F 0798 MARY ANN FEUERSTE IN CLERK & RECORDER WELD CO, CO ACKNOWLEDGEMENT FOR SINGLE PERSON ..'.OJ fO STATE OF COLORADO 1 � _ . COUNTY OF Weld 1 Ise 50:-01. ,f"�C, iJi ' TN foregoing inafrument was acknowledged before me this 10th ,day of January `- :'f of y2S4 ". -- :W•. by Geraldine Highland `;Je'•.• 8jhff t My f- -.. f-„t17. 7985 •ercveuc My Commission expires: Kenne[h ] e Neff P.O. Box 127 Briancon, Colorado 80601 I ACKNOWLEDGEMENT FOR CORPORATION STATE OF COLORADO I ...__ . ...._ COUNTY OF 1 The foregoing instrument was acknowledged before me this .day of 19 - — --== by . of .a corporation.on behalf of the corporation. _ eorAsrfuuoC _. My Commission aspires: L Y a 0 II I I } e I _a e z „II E I i Is � I0j, ; 0 4 y . o a. b Z a o $ 2 I m d 5 y r4 N yC O - Y Q L FfZ J . car . 0 .. C7 (<e.0 O Y S W „ts �x' !; i Eb 3V 9F s .:I I is ) ) Chateau Development Town of Mead Annexation Application Mailing List for Highland and Eberl Properties Page 1 of 3 Required First Name Last Name Salutation Company Address City State Zip Certified Mail# Parcel# , X Weld County Board of Gentlemen P,O.Box 758 Greeley CO 80632 Commissioners X Weld County Planning Department Dear Monica Attn:Monica Daniels- 1400N, 17th Ave. Greeley CO 80832 Mika. _ X Weld County Attorney Dear Lee Atten.Lee Morrison P.O.Box 758 Greeley CO 80832 X Weld County Public Works Gentlemen P.O.Box 758 Greeley CO 80632 Department X St.Vrain School District R-1J Gentlemen 395 S.Pratt Parkway Longmont CO 80501 X Mountain View Fire Protection Distric Gentlemen 9119 County Line Road Longmont CO 80501 X NCWCD Gentlemen 220 Water Ave Berthoud CO 80513 , X St.Vrain&Left Hand Water Gentlemen 9595 Nelson Road,Suite 203 Longmont CO 80501 Conservancy District X ,Little Thompson Water District Dear Mike Attn:Mike Cook 835 E.Hwy 56 Berthoud CO 80513 _ , X Weld County Library District Farr Branch Library Gentlemen Attn:Lead Reference 1939 61st Ave. Greeley CO 80634 Librarian X K2 Communications Dear Gary Attn:Gary Shields 1447 Lombardi Street Erie CO 80516 X Xcel Energy Dear Bob Attn:Bob Voegely 2655 N.63rd Street Boulder CO 80301.2934 X United Power,Inc. Dear Al Ann;Al Trujillo P.O.Box 929 Brighton CO 80801 X Kinder Morgan,Inc. Dear Lon Attn:Lon Meyer 323 5th Street 'Frederick CO 80530 X Owest Dear Cathy Attn:Cathy Mourhess 12121 Grant Street,Room 301 Thornton CO 80241 X Owest Communications Inc. Dear Pam Ann:Pam Cronkhite 1314 DTOM,16th Floor Omaha NE 68102 X Natural Resource Conservation Gentlemen Longmont Field Office 9595 Nelson Rd., Box D Longmont CO 80501.6359 Service , X Colorado Water Conservation Board Gentlemen 1313 Sherman Street,Room 72'Denver CO 80203 X Colorado Department of Dear Gloria Attn.:Gloria Hice•Idier, 1420 •2nd Street Greeley CO 80631 Transportation Access Manager The following agencies are added to the mailin• list, Required First Name Last Name Salutation Company Address City State Zip Certified Mall# Parcel# X Duke Energy Field Services Dear Mr.Hagenolock Attn:Lew Hagenolock 1324 N.7th Avenue Greeley CO 80631 X Highland Ditch Company Dear Mr.Schlegel Pr Robert Schlagel, 4309 Highway 66 Longmont CO 80504 Preess ident X Omni Trax,Inc. Dear Diane Attn:Diane Delisie 252 Clayton St.,4th Floor Denver CO 80206 X Noble Energy Production Dear David Ann: David Padgett 1625 Broadway,Ste.2000 Denver CO 80202 Chateau Development Town of Mead Annexation Application Mailing List for Highland and Fherl Properties Page2of3 The following property owners are within 300 feet of Ebel and Highland parcels.(Data is from Ilsts prepared by Land Title and reformatted and entered below in order to comply with Town of Mead Required First Name Last Name Salutation Company Address City State Zip Certified Mail# Parcel# X Belle R. Buchholz Dear Ms.Buchholz 2696 Grace Way Mead CO 80542 120721002003 X Central Garden&Pet Company Gentlemen 2389 Highway 66 Longmont CO 80501 120721000043 • X Robert C.8 Ashley D. Chansler Dear Mr,&Mrs. 14116 Weld County Road 7 Mead CO 80542 120722000047 Chansler X Jon A.&Sandra K. Cogswell Dear Mr.8 Mrs. 365 Hunters Ridge Drive Mead CO 80542 120721001015 Cogswell Dear Mr. X Joseph L.and Susan K. Darmofal .8 Mrs. 14613 Weld County Road 7 Mead CO 80542 120721001018 Darmofal Dear Mr. X Cindy 8 Timothy Debrine .&Mrs. 14200 Weld County Road 7 Mead CO 80542 120722000030 Debrine X Guy W.&Jaml Dejane Dear Mr.&Mrs.DeJane 14518 Weld County Road 7 Mead CO 80542 120722002018 X Mark A.8 Jacquelyn A. Ebert Dear Mr.8 Mrs.Ebert P.O.Box 668 Mead CO 80542 120721002009 X Mark A.&Jacquelyn A. Ebed Dear Mr.&Mrs.Ebert P.O.Box 668 Mead CO 80542 120721002010 Bruce&Marsha Frederiksen Loving X Trust Dear Mc 8 Mrs. 13981 Weld County Road 7 Longmont CO 80504 120728000015 rlo Bruce&Marsha Frederiksen, Frederiksen Trustees X Wendolynn M. Gunlikson Dear Ms.Gunlikson 2700 Grace Way Mead CO 80542 120721002002 X Larry L. Highland Dear Mr.Highland 2571 Highway 66 Longmont CO 80504 120721400045 X Paul C. Hoffman Dear Mr.Hoffman 2514 Weld County Road 32 Mead CO 80542 120721100028 X Ronald L.8 Joyce M. Hoffmaster Dear Mr.&Mrs. 367 Hunters Ridge Drive Mead CO 80542 120721001016 Hoffmaster X Wilbur R. Hurt Dear Mr.Hurt 14278 Weld County Road 7 Mead CO 89542 120722300001 X Wilbur R. Hurt Dear Mr. Hurt 14278 Weld County Road 7 Mead CO 80542 120722300002 X Wilbur R. Hurt Dear Mr.Hurt 14278 Weld County Road 7 Mead CO 80542 120722300003 X Kiteley Farms Ltd. Gentlemen 13844 Weld County Road 7 Longmont CO 80504 12072130004Q X Kiteley Farms Ltd. Gentlemen 13844 Weld County Road 7 Longmont CO 80504 120727000047 X Tom R.Keeley Family Trust Gentlemen 401 Main Street Longmont CO 80501 120721300047 do First Main Street NA X James L. Lohr Dear Mr.Lohr 2688 Grace Way Mead CO 80542 120721002005 X James L.. Jr.&Karin C. MacDowell Dear Mr.8 Mrs. 13926 Weld County Road 5 Longmont CO 80501 120728000029 MacDowell X Mary E. Naud Dear Ms.Naud P.O.Box 472 Mead CO 80542 120721002001 X Range View Estates,LLC Gentlemen 14233 North 107 Street Longmont CO 80501 120716400059 X Timothy E. Rosatti Dear Mr.Rosatti 14500 Weld County Road 7 Mead CO 80542 120722000043 X Curtis J.&Denene K. Schack Dear Mr.&Mrs.Schrick P.O. Box 219 Mead CO 80542.0219 120721002006 X Margaret R. Seufert Dear Ms.Seufert 363 Hunters Ridge Drive Mead CO 80542 120721001014 X Myra Jane Silengo Dear Ms.Silengo 2498 Highway 66 Longmont CO 80504 120728000037 X John L. Silva Dear Mr.Silva 14170 Weld County Road 7 Mead CO 80542 120722000032 X Mark&Derek Skelton Gentelmen 2692 Grace Way Mead CO 80542 120721002004 X Michael J. &Lorraine W. Tarver Dear Mr.&Mrs.Tarver 1015 Weld County Road 7 Mead CO 80542 120721001019 X Dustin E. Tedford Dear Mr.Tedford 14017 Weld County Road 7 Longmont CO 80504 120721400044 X John R. Vittetoe Dear Mr.Vittetoe 2680 Grace Way Mead CO 80542.9600 120721002007 X John Leonard Waren Trust Dear Ms,Buckley 796 Abrams Way Loveland CO 80537 120716000025 c/o Connie Lyn Buckley,Trustee Chateau Development Town of Mead Annexation Application Mailing List for Highlani and Eberl Properties Page3of3 X John Leonard Waren Trust Dear Ms,Buckley 796 Abrams Way Loveland CO 80537 120721000001 c/o Connie Lyn Buckley,Trustee X Michael G.&JaneIle R. Williams Dear Mr.&Mrs. 1011 Weld County Road 7 Mead CO 80542 120721001017 Williams X James K. Wilson Dear Mr.Wilson 2676 Grace Way Mead CO 80542 120721002008 X John E.&Kathy E. Wilson Dear Mr.&Mrs.Wilson 14501 Weld County Road 7 Mead CO 80542 120721001020 4: j,70.7.,;;::0 r r%11 .11:: - Nqq art Section 16 i 15 1 . " MEAD ,4 a F ' ... mW 44, Li ff ,"4 v: ""ij • ' h 12070C200, I' :,,c -" �EBERL_MARKA&JACQUELYN p. T. 4, _ - V ti • ., g, rV 22 yttw~ fi n R" - I 11. ;` Ir . _ 120721400045 HIGHLAND LARRY L / •` : r, ,yg,,,`"1`- d ty. W;.4"' •'PO',6“ -,,t 4. 1 .� ' `� ' �r 41 -':e 1 ,..,.,:r • .,, I A. • ! i kQEA D •,._ Qif' 13 " "','iaFq Y i fin, L t • • X1 -- m.r.-. 'G x�1. 1 t^ r " 4' f Y y ro f. at I ., :,;> gr y�r of t./ !_z,?,: I 1 �.. i i ��• i to Legend -+—i- Railroad Municipal Boundary I " i ---- Major Roads 6bos,d 300' Buffer ti': I Highways Subject Properties c 't'-_. I is" -' . Local Roads Weld County Parcels '; p tit i t r L_____! SectionLines :1 '`•� .:§5 e i'rivup r" . ., _ "'r ... . . n►.. »..��...�...,. ::� ,,,..� :tai.STATE PLANE COORDINATE HighiandlEberl Property Project COLORADO CENTRALZONESYSTEM 4-e Drawing Information NAD83 N 0 250 500 1,000 1,500 Sheet No. -- Feet 1 etof 7 Date:7/28/2005 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120721002009 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 300 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,http://www.co.weld.co.us, and has not been modified from the original. Signature JlecilrtBrandy M. Altar rano Land Title Guarantee Company Date 1Zc4 - -1) \- (2 .C12 -' V ) BUCHHOLZ BELLE R 2696 GRACE WAY MEAD CO 80542 BUCKLEY CONNIE LYN 796 ABRAMS WAY LOVELAND CO 80537 DARMOFAL JOSEPH L & SUSAN K 14613 COUNTY RD 7 MEAD CO 80542 EBERL MARK A&JACQUELYNA PO BOX 668 MEAD CO 80542 HIGHLAND LARRY L 2571 HWY 66 LONGMONT CO 80504 HOFFMAN PAUL C 2514 COUNTY ROAD #32 MEAD CO 80542 HOFFMASTER RONALD L &JOYCE M 367 HUNTERS RIDGE DR MEAD CO 80542 JPMORGAN CHASE BANK NC 111 E WISCONSIN AVE MILWAUKEE WI 53202 KITELEY FARMS LTD 13844 COUNTY RD 7 LONGMONT CO 80504 LOHR JAMES L 2688 GRACE WAY MEAD CO 80542 NAUD MARY E 2708 GRACE WAY MEAD CO 80542 PATTERSON SHANE 365 HUNTER RIDGE DR MEAD CO 80542 RANGE VIEW ESTATES LLC 14233 N 107 ST LONGMONT CO 80501 SCHRICK CURTIS J & DENENE K PO BOX 219 MEAD CO 80542 SEUFERT MARGARET R 363 HUNTERS RIDGE DR MEAD CO 80542 SKELTON MARK& DEREK 2692 GRACE WAY MEAD CO 80542 TARVER MICHAEL J & LORRAINE W 1015 WELD CO RD 7 MEAD CO 80542 VITTETOE JOHN R 2680 GRACE WY MEAD CO 80542 WARNER GARY LEE 105 N COUNTY RD 29 LOVELAND CO 80537 WILLIAMS MICHAEL G &JANELLE R 1011 COUNTY ROAD 7 MEAD CO 80542 WILSON JAMES K 2676 GRACE WAYMEAD MEAD CO 80542 WILSON JOHN E & KATHY E 14501 WCR 7 MEAD CO 80542 Weld County, Colorado Page 1 of 2 Weld County, Colorado gl 85 71 14 � 71, 3;-4f ^ • 52 Legena 0 C::1.1 liy 3:•I.•• !r L: 1st x sow1,: �; _ , Dv .. . ;k: . 3 . ...s. is - s ED ittt .. , 1..., .. . ,,ti, , f• . -0, ,;,.. 7 . .., .. i,........, 1 •.41. I r9 ", A , • ii;x; . ;≥ 1 i 0 p r -44 Weld Ceuniy,Cels,ade j ' .2000f J . .,. E • 0 o .. ... '1`..1..1.:71.1-1.1: •••' .?.1 120721002009 http://maps.merrick.com/servleticom.esri.esrimap.Esrimap?ServiceName=weldovr&Form=True&Encode... 7/29/2005 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120721400045 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 300 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. Signature Brandy M. Altairano Land Title Guarantee Company Date _c-1-. - :) v `I Lk. ) I-3 CHANSLER ROBERT C &ASHLEY D 14116 WCR 7 MEAD CO 80542 CENTRAL GARDEN & PET COMPANY 2389 HWY 66 LONGMONT CO 80501 DEBRINE TIMOTHY 14200 COUNTY ROAD 7 MEAD CO 80542 DEJANE GUY W&JAMI 14518 WELD COUNTY ROAD 7 MEAD CO 80542 EBERL MARK A&JACQUELYN A P O BOX 668 MEAD CO 80542 FREDERIKSEN BRUCE & MARSHA TRUSTEES 13981 WELD COUNTY ROAD 7 LONGMONT CO 80504 HURT WILBUR R 14278 COUNTY RD 7 MEAD CO 80542 HURT WILBUR R 14278 COUNTY RD 7 MEAD CO 80542 HURT WILBUR R 14278 COUNTY RD 7 MEAD CO 80542 KITELEY FARMS LTD 13844 WELD CO RD 7 LONGMONT CO 80504 KITELEY FARMS LTD 13844 COUNTY RD 7 LONGMONT CO 80504 KITELEY TOM R FAMILY TRUST CIO FIRST MAIN STREET NA 401 MAIN STREET LONGMONT CO 80501 MAC DOWELL JAMES L JR& KARIN C 13926 WELD CO RD 5 LONGMONT CO 80501 ROSATTI TIMOTHY E 14500 WELD CO RD 7 MEAD CO 80542 SILENGO MYRA JANE 2498 HWY 66 LONGMONT CO 80504 SILVA JOHN L 14170 COUNTY RD 7 MEAD CO 80542 TEDFORD DUSTIN E 14017 WELD CO RD 7 LONGMONT CO 80504 WARNER GARY LEE 105 N COUNTY RD 29 LOVELAND CO 80537 WILSON JOHN E & KATHY E 14501 WCR 7 MEAD CO 80542 Weld County, Colorado Page 1 of 2 Weld County, Colorado „---. aa4 gip {. iitgy i'i i )131,ogoistuta Ett :, Leyenn `i....J:-'1 r 911.1 , D :'].rny b 0 J. N-, o - . ,, . J • El i LJ I MEAD C o • Li Li El — - kl , LONGMONT O • Weld County Cobeado - 1© ❑ ._.. ❑ , 120721400045 HIGHLAND LARRY L Total Taxes: $3,118.80 http://maps.memck.com/servlet com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=True&Encode... 7/29/2005 To be Completed TOWN OF MEAD by Surveyor or Annexation Map Engineer. Land Surveying Standards Name of Annexation: The Highlands Surveyor Tetra Tech RMC r�Date Initialsp Items L/GS 2 1. A scale drawing of the boundaries of the land parcel. 2. All recorded and apparent rights-of-way and easements,and,if research for recorded rights-of-way and _ easements is done by someone other than the professional land surveyor who prepares the plat,the source ci l(L/oj KJ7_ from which such recorded rights-of-way and easements were obtained. / 3. All dimensions necessary to establish the boundaries in the field.(The dimensions must be shown to all control monuments used in the field survey.If the boundary runs down a line or parallels a line,the dimensions to get from the control line or monuments to the parcel must be shown.Dimensions to both ends of the control /0S' j(3__ line must be shown.) y 4. A statement by the professional land surveyor that the survey was performed by such surveyor or under Q/ILj)S (.J7 such surveyor's responsible charge. With- i/O 5. A statement by the professional land surveyor explaining how bearings,if used,were determined / 1"`— 6. A description of all monuments,both found and set,which mark the boundaries of the property and of all control monuments used in conducting the survey.(Monuments such as section corners are control monuments.If you are running down a line or paralleling a line,the monuments at both ends of the line must LjL/UI r� be shown. It must be labeled on the map or plat if a monument is found or set.) (VI L,/c y:P 7. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale 9/1 240 j NJ. 8. A north arrow. 9. A written property description,which shall include but shall not be limited to a reference to the county and state together with the section,township,range,and principal meridian or established subdivision,block and lot number,or any other method of describing the land as established by the general land office or bureau of lb L/0"C land management.(Property description is to be written in upper case type.) 9/1L/a c' t-JL_ 10. Any conflicting boundary evidence.Ties to and descriptions of all conflicting corners are shown. 9/IL/us (- 11. Location map.Minimum one and one-half mile radius of the property with principal roads labeled. CIAL/, V!7� 12. Certificate block-based on the Town's standard certificates for annexation maps. I, �`°�.— h' 13. The signature and seal of the professional land surveyor.Initials of draftsperson,date of drawing and C1/IL/uc' 1 AutoCAD file name. 14. All calculations have been double checked on final map for any errors,transpositions,the sum of the parts gig,/01 equals the total length,etc. 1 j 15. Corner recordations have been made,or what is found in the field is identical with a previously filed corner w L 0S' l recordation.Comer recordations have to be filed on all sections,'/.section and aliquot corners of a section. 16. Dimensions of lots and area of the lot are to be placed inside the lot,dimensions of blocks or parameters of polygons are to be placed outside the block or polygon.Widths of roads,and easements are to be placed between the r.o.w.lines when possible.Dimensions must clearly indicate the terminus point at each end. CI AZ1 OC Curve data may be presented in tabular form,or with leader dimension lines. 17. All text and numbers are to be large enough to clearly legible at the scale drawn.Paragraph text,legal �y descriptions and certificates are to be in 12 pt.(0.16608")AutoCADT t Roman Simplex,Helvetica,Arial or 9/0/d1" jULsimilar"san serf'type.Title of plat is to be centered at top of the plat in type not less than.3"high. 18. An AutoCAD drawing file(Release 12 or higher)of the map,and all font files used,on 3%"IBM �q formatted disk is to be provided.A word processing file of the legal description on 3%"IBM formatted disk is to Viz/es" /(2 be provided(Word Perfect 6.1 preferred). I TRUCTIONS 1. This checklist is required to be completed by the responsible surveyor or engineer and submitted with the annexation map. 2. The completed check list is to be maintained in the Applicant's File. 3. Items#1 through 10 refer to C.R.S.38-51-106,Surveying statutes. Official Use Only Reviewed by: Date: H 13520_013 Highlands Property\Annexation 'nnexation Application Submittal•08-02-05\Annex Plat-Land Survey Stds Checklist doc LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. 1.* TETRA TECH RMC September 12, 2005 Town of Mead 441 Third Street P.O Box 626 Mead, CO 80542 Attn: Michael D. Friesen, Town Manager RE: The Highlands Northern Colorado Water Conservancy District Petition Tetra Tech RMC Job No. 80-3520.013.99 Dear Mr. Friesen: The Highlands subdivision is requesting annexation into the Town of Mead, proposing a mixed- use development. The area is located north of State Highway (SH) 66 and west of Weld Country Road (WCR) 7. The 168 acre development consists of 7,000 tol0,000 square foot lots in the northern portion, and a commercial and mixed use area in the southern portion adjacent to SH 66. In preparation for the annexation process, this letter addresses the project's inclusion into the Northern Colorado Water Conservancy District(NCWCD). Tetra Tech RMC contacted the NCWCD to determine if the Highlands project is already included in the district or a petition would be required. The NCWCD confirmed that the Highlands site is located within the district. Tetra Tech RMC requested a letter confirming the project site is included within the NCWCD and the letter will be forwarded on to the Town of Mead as soon as it arrives. Please feel free to contact us with any questions, or if you require additional information. Sincerely, K REsis T T CH RMC, INC. o • t Fo<e yc o ,:48 r K Rollin,P.E. it mot � �_� Project Manager ► FSn F* H:\3520_013 Highlands Property\Annexation\Annexation Application Submittal-09-12-05\NCWCD Statement.doc 1900 S.Sunset Street.Suite 1-P.Lo-4.--o^•.l.. c00„ Tel 303"2528.2 Fax 30 3 553 49;9 SPECIAL WARRANTY DEED NON-TRIBUTARY AND NOT NON-TRIBUTARY GROUNDWATER THIS DEED,made this day of ,between_ of the County of Weld, State of Colorado,grantor(s} and the Town of Mead,P.O. Box 626,Mead,CO 80542, of the County of Weld, State of Colorado: WITNESSETH,that the grantor(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, ha 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 SEE EXHIBIT A(ATTACHED)County of Weld, State of Colorado,described as follows: All non-tributary and not non-tributary groundwater as defined by C.R.S. § 37-90-103,whether adjudicated,unadjudicated,permitted or unpermitted,underlying the property described in Exhibit A, attached hereto and incorporated by reference herein. also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents, issues and profits thereof; and all the estate, right,title, interest, claim and demand whatsoever of the 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 Signature Date Signature Warranty Deed for Non-tributary Water Rights.doc May 18,2001(11:55am) STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by My commission expires: Witness My hand and official seal. Notary Public Warranty Deed for Nan-titulary Water Rights.doc May 18,2001(11:55am) 2 TETRA TECH RMC EXHIBIT A HIGHLAND PROPERTY A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 21,THE SOUTHWEST QUARTER OF SECTION 22 AND THE NORTH HALF OF SECTION 28,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SECTION 21,WHENCE THE CENTER ONE- QUARTER CORNER OF SAID SECTION 21 BEARS SOUTH 89°03'26" WEST,SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 89°03'26"EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°20'46"EAST 1876.60 FEET TO A POINT ON THE NORTH LINE OF THE SAINT VRAIN VALLEY SCHOOL DISTRICT HIGH SCHOOL NO.5, ANNEXATION NO. 1 TO THE TOWN OF MEAD; THENCE ALONG THE NORTH LINE OF SAID ANNEXATION NO. 1 SOUTH 89°39' 14"WEST 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°20'46" EAST 672.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO.66; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO.66 THE FOLLOWING 4 COURSES; I)ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 11415.00 FEET,A CENTRAL ANGLE OF 02°29'50"AND A CHORD WHICH BEARS SOUTH 85°50'39"WEST 497.49 FEET),A DISTANCE OF 497.53 FEET; 2)SOUTH 84°35'42" WEST 1263.25 FEET; 3)ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11505.00 FEET,A CENTRAL ANGLE OF 04°21'59"AND A CHORD WHICH BEARS SOUTH 86°46'30" WEST 876.59 FEET),A DISTANCE OF 876.80 FEET; 4)SOUTH 88°57'25"WEST 531.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD THE FOLLOWING 2 COURSES; I)NORTH 19°39'50"EAST 1757.88 FEET; 2)NORTH 00°21'52" WEST 1065.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD AND THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID NORTH LINE NORTH 89°03'26" EAST 2590.33 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 168.815 ACRES, MORE OR LESS. R:\3520_013 HIGHLAND\dwg\Survey\HIGHLAND ANNEX LEGAL LET 1900 S.Sunset Street,Suite 7-F Longmont,CO 80501 Te1:303.7725282 amxtlC wwwttunc.comnc.com TETRA TECH RMC September 12, 2005 Michael D. Friesen, Town Manager 441 Third Street P.O Box 626 Mead, CO 80542 RE: The Highlands Annexation Impact Report Tetra Tech RMC Job No. 80-3520.013.99 Dear Mr. Friesen: The Highlands subdivision is requesting annexation into the Town of Mead, proposing a mixed-use development. The area is located north of State Highway (SH) 66 and west of Weld Country Road (WCR) 7. The proposed 168 acre development consists of mixed- use commercial with residential land uses. In preparation for the annexation process, this report analyzes the proposed development's impact with respect to the Town of Mead's and St. Vrain Valley School District services. Sincerely, RE�7, ECH RMC, INC. cz) RO14 ••,1.• • 802 • ir. K Rollin, P.E. ° b 44 q •. Project Manager O,,�� }�, f,� :err Attachments H13520_013 Highlands Property\Annexation Annexation Application Submittal-09-12-05\Annexation Impact Report.doc 1900 S.Sunset Street.Suite 1-F Long,'0-1 CC 80301 Tel 303772.5282 Fax 303.5x3.6939 General Site Location and Description The Highlands site is located in the South Half of Section 21, the Southwest Quarter of Section 22, and the North Half of Section 28, Township 3 North, Range 69 West of the 6th Principal Meridian, County of Weld, State of Colorado. More specifically, the site is bound by the Great Western Railroad to the west, County Road 7 to the east, State Highway 66 to the south and the Eden's Reserve subdivision to the north. The 168 acre development consists of 7,000 to10,000 square foot lots in the northern portion, and a commercial and mixed use area in the southern portion adjacent to SH 66. Plans for Extension of Municipal Services Water At this time, the Highland Property is located within the service district of the Longs Peak Water District (LPWD). The applicant is in discussions with LPWD concerning the project and will be obtaining an agreement to serve the site prior to final approval of the annexation. The LPWD is planning to install a major service line up to the intersection of Weld County Road 5 '/2 and State Highway 66 adjacent to the Highland property. The applicant is coordinating with the LPWD to connect with the new service line. It is the applicant's intent to review the use of a secondary non-potable irrigation system within the development. This system may be contained on site, or may be part of the non-potable irrigation system being studied by the Highland Ditch Company. Sanitary Sewer Currently, the majority of the Highland property is contained within the St. Vrain Sanitation District. A small portion along the east side of the proposed developments is not within the St. Vrain Sanitation District boundaries. The applicant is presently petitioning to get the entire property included in the district and within the District's 208 service boundary and we are requesting the Town's support and assistance in this petition. The applicant is coordinating with the St. Vrain Sanitation District to continue north along Liberty Gulch with the current service line expansion project to provide service to The Highlands subdivision. Natural Gas Natural gas will be provided by Xcel Energy. The applicant is currently in contact with Nikki McMantial of Xcel Energy. Electric Electric service will be provided by United Power. The applicant has contacted Bill Meier with United Power and a "will serve" letter may not be issued until the project is further in the design process. Application materials have been obtained and an onsite meeting has been held to discuss the project. Telephone Qwest will be the communications service provider. The applicant is currently in contact with Len Cross of Qwest. Streets Access to The Highlands subdivision will be from State Highway (SH) 66 and Weld County Road 7. The west access from SH 66 will align with Weld County Road 5 `/2. The east access from SH 66 will align with Stage Coach Drive, a local street servicing the adjacent property to the south being developed by Centex Homes. The applicant will be in contact with the Colorado Department of Transportation (CDOT) about obtaining access from SH 66 and is aware of the access permit application process. Access from WCR 7 to the proposed subdivision will be one-quarter of a mile north of the SH 66 and WCR 7 intersection. All local street cross sections within The Highlands subdivision will adhere to the Town of Mead construction standards. Law Enforcement The proposed property is currently under the protection of the Weld County Sheriff's Department. Law enforcement will be provided by the Town of Mead through its contract with the Weld County Sheriffs Department. Fire The proposed property is within the Mountain View Fire Protection District. The applicant is in contact with the Fire Marshal about service to this property. There is a possibility that a portion of land may need to be donated for fire protection use. The final requirements for providing service to this property will be negotiated between the applicant and the Fire District before final approval of the annexation. Existing School District and Special Districts The site is located within the following school and special districts: St. Vrain Valley School District Longs Peak Water District Longmont Soil Conservation District St. Vrain & Left Hand Water Conservation District Weld Library District Local Public School Impact The proposed development will generate approximately 251 students. This is based on a student yield of.66 for single-family detached units and .29 students for single-family attached units. The yield is itemized as follows (337 single-family detached units and 100 single-family attached units): • 131 elementary students or 25% of the standard capacity of a 525-student elementary school. • 58 middle level students or 7.7% of the standard capacity of a 750-student middle school. • 62 high school students or 5.2% of the standard capacity of a 1200-student high school. plan identifies as desired, including a neighborhood park, parkways and/or circuit parks, open space and water features (Comprehensive Plan Pages 44-51). Contributions to Public Infrastructure Chateau Custom Builders proposes to contribute its proportionate share to the expansion of public infrastructure into the area, sized appropriately to support this and future development. Examples of anticipated infrastructure improvements include the widening of SH 66 to include tumlanes, intersection improvements at CR 7 and SH 66 necessary to support the development, proper SH 66 access alignment with the forthcoming Centex development to the south, and the extension of CR 51/2 through the commercial component of the development per planned Mead and Weld County alignments. We also anticipate proportionate share contributions to the continued construction of water and sewer lines into the vicinity to support this and future development, and we anticipate proportionate share contributions to the dedication and/or construction of parkland and future schools. LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. PRELIMINARY SUBSURFACE EXPLORATION REPORT HIGHLAND AND EBERL PROPERTIES WELD COUNTY, COLORADO EEC PROJECT NO. 1052099 r^ EEC July 27,2005 EARTH ENGINEERING CONSULTANTS, INC. Chateau Development 12050 Pecos Street, Suite 100 Westminster, CO 80234 80234 Attn: Mr. Steve Steele Re: Preliminary Subsurface Exploration Report Highland and Eberl Properties Weld County, Colorado EEC Project No. 1052099 Mr. Steele: Enclosed, herewith, are the results of the preliminary subsurface exploration completed by Earth Engineering Consultants, Inc. personnel for the referenced project. In summary, the subsurface soils encountered in the test borings consisted predominately of low to moderate plasticity sandy lean clay and/or clayey sand extending to depths of approximately four (4) to ten (10) feet below present site grades. Highly weathered, soft claystone bedrock was typically encountered from approximately four (4) to fifteen (15) feet below present grade. The claystone is moderately expansive and less weathered with depth. Ground water was encountered in all eight borings at ranging from three (3) to(9) feet below present site grades. Based on the materials observed at the boring locations, it is our opinion lightly loaded structures could probably be supported on conventional footing foundations bearing in the near surface cohesive or essentially granular soils although care will be required to see that footing foundations are supported with an appropriate separation from the claystone bedrock and ground water. Drilled pier foundations supported in the highly weathered bedrock could be used for more heavily loaded structures or where footings would be supported on the claystone. The expansive claystone will necessitate care in establishing site grades and finish floor levels in some areas of the site. We expect the cohesive and essentially granular overburden soils could be used for direct support of floor slabs, flatwork and pavements. In areas of claystone subgrades, we expect structural floors will be necessary and that 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 224-1522 FAX (970) 663-0282 Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 2 some movement of flatwork and pavements would occur even with mitigation measures. Preliminary geotechnical recommendations concerning the proposed development are presented in the text of the attached report. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning the enclosed report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Consultants, Inc. Reviewed by: nultazeP Mel R. Steen, P. . Lester L. Litton,P.E. Project Manager Senior Project Engineer r PRELIMINARY SUBSURFACE EXPLORATION REPORT HIGHLAND AND EBERL PROBERTIES WELD COUNTY, COLORADO EEC PROJECT NO. 1052099 July 27,2005 INTRODUCTION The preliminary subsurface exploration for the proposed Highland and Eberl Properties Development located north of Weld County Road 66 and west of Weld County Road 7,near Mead,Colorado has been completed. Eight(8) sampled soil borings extending to depths of approximately fifteen(I 5)feet below present site grades were advanced across the proposed development site to obtain information on existing subsurface conditions. Five (5) Piezometers were installed to provide additional information on depth to ground water throughout the site. Individual boring logs and a diagram indicating the approximate boring locations are included with this report. The portion of the Highland and Eberl Properties evaluated as a part of this exploration includes approximately two hundred acres. We expect the site will be developed predominately as residential and light commercial. Foundation loads for the proposed structures are expected to be light with continuous wall loads less than 2.5 kips per lineal foot and individual column loads less than 50 kips. Floor loads are expected to be less than 100 psf. The residential structures are expected to include basements where possible. The purpose of this report is to describe the subsurface conditions encountered in the borings, analyze and evaluate the test data and provide preliminary geotechnical recommendations concerning site development. EXPLORATION AND TESTING PROCEDURES The boring locations were selected by Earth Engineering Consultants,Inc.(EEC)personnel. Photographs of the site taken at the time of drilling are provided with this report. The borings were performed using a truck-mounted CME-45 drill rig equipped with a hydraulic head employed in drilling and sampling operations. The boreholes were advanced using 4- inch nominal diameter continuous flight augers. Samples of the subsurface materials Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 2 encountered were obtained using split-barrel and California barrel sampling procedures in general accordance with ASTM Specification D-1586 and with thin-walled "Shelby"tube procedures in general accordance with ASTM Specification D-1587. In the split-barrel and California barrel sampling procedures,standard sampling spoons are driven into the ground by means of a 140-pound hammer falling a distance of 30 inches. The number of blows required to advance the samplers is recorded and is used to estimate the in-situ relative density of cohesionless soils and,to a lesser degree of accuracy,the consistency of cohesive soils and hardness of weathered bedrock. In the California barrel and Shelby tube sampling procedures, relatively undisturbed samples are obtained. All samples obtained in the field were sealed and returned to the laboratory for further examination,classification and testing. Field-slotted piezometers were installed at selected site boring locations prior to backfilling to allow for longer-term observation of groundwater levels. Groundwater measurements were taken in the piezometers at various times after the completion of drilling. Depth to groundwater measurements are indicated in the upper right hand corner of the attached boring logs. Laboratory moisture content tests were performed on each of the recovered samples. In addition,selected samples were tested for fine content and plasticity by washed sieve analysis and Atterberg limits tests. Swell/consolidation tests were completed on selected samples to evaluate the subgrade materials' tendency to change volume with variation in moisture content. Results of the outlined tests are indicated on the attached boring logs and summary sheets. As a part of the testing program,all samples were examined in the laboratory by an engineer and classified in accordance with the attached General Notes and the Unified Soil Classification System, based on the sample's texture and plasticity. The estimated group symbol for the Unified Soil Classification System is shown on the boring logs and a brief description of that classification system is included with this report. Classification of the bedrock was based on visual and tactual observation of disturbed samples and auger cuttings. Coring and/or petrographic analysis may reveal other rock types. Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 3 SITE AND SUBSURFACE CONDITIONS The Highland and Eberl Properties are located north of Weld County Road 66 and west of Weld County Road 7 near Mead, Colorado. The project site is generally undeveloped although some grading of the fields has been completed. Site drainage is generally towards the southwest. The fields appear generally level with small elevation changes. An EEC field engineer was on-site during drilling to direct the drilling activities and evaluate the subsurface materials encountered. Field descriptions of the materials encountered were based on visual and tactual observation of disturbed samples and auger cuttings. The boring logs included with this report may contain modifications to the field logs based on results of laboratory testing and engineering evaluation. Based on results of field and laboratory evaluation, subsurface conditions can be generalized as follows. r Approximately 3 to 6 inches of vegetation and/or topsoil were encountered at the surface at the site boring locations. The topsoil and/or vegetation was underlain by light brown to brown lean clay with varying amounts of silt and sand and/or clayey sand.The lean clay soils were generally soft to medium stiff and exhibited low to moderate plasticity and low swell potential at current moisture and density conditions. The clayey sand was loose to medium dense with low swell potential. The overburden soils were underlain by highly weathered claystone. The bedrock was encountered at depths of approximately four(4)to fifteen(15)feet below present site grades. The color of the claystone samples were brown/gray/rust and the bedrock was soft to moderately hard and poorly cemented. The claystone bedrock shows moderate potential to change volume with variation in moisture. The site borings were terminated at depths of approximately 15.5 feet below ground surface in the weathered claystone bedrock. The stratification boundaries indicated on the boring logs represent the approximate locations of changes in soil and rock types; in-situ, the transition of materials may be gradual and indistinct. Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 4 GROUNDWATER OBSERVATIONS Observations were made while drilling and in the site piezometers after the completion of drilling to detect the presence and level of free water. Free water was observed in the site piezometers at depths ranging from approximately three(3)to(9)feet below present ground water levels. Ground water was encountered in all borings. Perched and/or trapped water may be encountered in more permeable zones in the subgrade soils at times throughout the year. Perched water is commonly encountered in soils immediately overlying less permeablebedrock materials. Fluctuations in ground water levels and in the location and amount of perched water may occur over time depending on variations in hydrologic conditions,irrigation activities on surrounding properties and other conditions not apparent at the time of this report. ANALYSIS AND RECOMMENDATIONS General Moderately expansive claystone bedrock and/or ground water was encountered at relatively shallow depths across the development site. Care will be needed to insure site improvements are supported above the moderately expansive claystone and ground water levels. Typically,a minimum 3-foot separation is recommended between footing foundation or floor slab bearing level above the top of the bedrock and/or ground water. In areas where that separation cannot be maintained from the bedrock, drilled pier foundations and structural floors will likely be needed. Mitigation measures may also be needed in pavement and flatwork areas where support would be directly on claystone bedrock. An underdrain system could be considered to lower groundwater levels at the site. Site Preparation All existing vegetation and/or topsoil should be removed from beneath site fills,roadways or building subgrade areas. Stripping depths should be expected to vary,depending,in part,on Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 5 past agricultural activities. Any existing site improvements should also be removed. In areas where regrading has obviously occurred, associated fill soils should be removed prior to placing overlying improvements. After stripping and completing all cuts and prior to placement of any fill, floor slabs or pavements, we recommend the exposed soils in areas that are not to be over excavated,be scarified to a minimum depth of 9 inches,adjusted in moisture content and compacted to at least 95%of the material's maximum dry density as determined in accordance with ASTM Specification D-698,the standard Proctor procedure. The moisture content of the scarified materials should be adjusted to be within the range of±2% of standard Proctor optimum moisture at the time of compaction. Fill soils required to develop the building areas or site pavement subgrades should consist of approved,low-volume change materials which are free from organic matter and debris.The near surface lean clay or clayey sand soils could be used as fill in these areas. The claystone bedrock should not be used for fill in site improvement areas. A portion of the site soils may require drying to allow for fill placement. We recommend the fill soils be placed in loose lifts not to exceed 9 inches thick,adjusted in moisture content as recommended for the scarified materials and compacted to at least 95% of the material's standard Proctor maximum dry density. Higher densities could be required in areas of higher foundation or floor loads. Care should be taken after preparation of the subgrades to avoid disturbing the subgrade materials. Positive drainage should be developed away from the structures and across and away from the pavement edges to avoid wetting of subgrade materials. Subgrade materials allowed becoming wetted subsequent to construction of the residences and/or pavements can result in unacceptable performance of those improvements. Footing Foundations Based on materials observed at the boring locations, we expect lightly loaded site improvements could be supported on conventional footing foundations that bear on the Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 6 clayey sands. Overexcavation/replacement may be needed in areas of soft clay soils. We expect footing foundations should be designed to have maximum net allowable total load soil bearing pressures in the range of 1000 to 2000 psf. The net bearing pressure refers to the pressure at foundation bearing level in excess of the minimum surrounding overburden pressure. Total load would include full dead and live loads. Exterior foundations and foundations in unheated areas should be located at least 30 inches below adjacent exterior grade to provide frost protection.Formed continuous footings would have minimum widths of 12 to 16 inches and isolated column foundations would have minimum widths of 24 to 30 inches.Trenched foundations or grade beam foundations appear useable in cohesive soil areas. If used,trenched foundations would have a minimum width of 12 inches and formed continuous foundations a minimum width of 8 inches. Drilled Pier Foundations We expect heavier site structures or structures in shallow bedrock areas would need to be supported on drilled pier foundations. Drilled piers may also be considered in areas of soft subgrade soils. Drilled piers would develop support capacity through end bearing and skin friction in the bedrock underlying the site. The design parameters for the drilled pier foundations would need to be developed in the specific structure area due to the variable nature of the subsurface materials observed across the site. Drilled piers typically extend into the weathered claystone bedrock on the order of approximately 10 to 15 feet or to a minimum length of 20 feet or greater whichever results in the longer drilled pier. For design of drilled pier foundations bearing in the moderately hard weathered claystone bedrock,we anticipate total load end bearing pressures on the order of approximately 20 kips per square foot could be used. Minimum dead load pressures would likely be required on drilled pier foundations bearing on claystone bedrock. Temporary casing will be needed to prevent sloughing of soil or flow of groundwater into the pier excavations.Water in excess of four inches(4")at the base of the pier excavation should be removed before the concrete is placed. Concrete placed in the drilled piers should have a slump in the range of 5 to 8 inches to promote complete filling of the drilled shaft excavation and prevent bridging when the casing is pulled. Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 7 Floor Slab/Exterior Flatwork Subgrades We recommend all existing vegetation/topsoil be removed from beneath the floor slab and exterior flatwork areas.After stripping and completing all cuts and prior to placement of any flatwork concrete or fill, the exposed subgrades should be scarified, adjusted in moisture content and compacted. If the subgrades become dry and desiccated prior to floor slab construction, it may be necessary to rework the subgrades prior to floor slab placement. Fill soils required to develop the floor slab subgrades should consist of approved, low- volume change materials which are free from organic matter and debris. The near surface soils could be used for fill beneath floor slabs. Normally, low-volume change materials would have a liquid limit of 40 or less and plasticity index of 18 or less. Those materials should contain a minimum of 15%fines, material passing a#200 sieve. Care should be taken after development of the floor slab subgrades to prevent disturbance of the in-place materials. If the flatwork is supported on or directly above the expansive claystone, movement of the flatwork will likely occur. Overexcavation/backfill techniques could be considered to reduce the potential for post-construction movement; however, the risk of heaving could not be eliminated. Below Grade Areas We recommend a perimeter drain system be installed around all below grade areas to reduce the potential for development of hydrostatic loads on below grade walls and/or infiltration of surface water into below grade areas. Perimeter drains should also be installed at the base of and behind any site retaining walls. Backfill placed above the exterior perimeter drain should consist of approved, low-volume change materials which are free from organic matter and debris. The on-site low to moderate plasticity cohesive soils could be used as fill in these areas. Earth Engineering Consultants,Inc. i-. EEC Project No. 1052099 July 27,2005 Page 8 Pavement Subgrades All existing vegetation and/or topsoil should be removed from pavement areas. After stripping and completing all cuts and prior to placement of any fill or pavements, we recommend the exposed soils be scarified to a minimum depth of 9 inches, adjusted in moisture content and compacted to at least 95% of the material's maximum dry density as determined in accordance with the standard Proctor procedure. The moisture content of the scarified soils should be adjusted to be within the range of±2%of standard Proctor optimum moisture. In areas of shallow claystone bedrock and soft, wet clays, overexcavation and backfill techniques should be anticipated to develop the pavement subgrades. In general,the top 3 feet of the pavement subgrades should consist of subgrade soils not subject to swelling with increased moisture. Removal of in-place claystone and replacement with the site sandy lean clay could be considered in areas of near surface claystone. Fill materials required to develop the pavement subgrades should consist of approved,low- volume change materials, free from organic matter and debris. The near surface lean clay and sand soils could be used for fill in these areas. Drying of the site soils may be needed to use the site material as fill and/or backfill. We recommend those fill soils be placed in loose lifts not to exceed 9 inches thick,adjusted in moisture content and compacted to at least 95% of the material's standard Proctor maximum dry density. After completion of the pavement subgrades,care should be taken to prevent disturbance of those materials prior to placement of the overlying pavements. Soils which are disturbed by construction activities should be reworked in-place or, if necessary,removed and replaced prior to placement of overlying fill or pavements. Depending on final site grading, stabilization of a portion of the site pavement subgrades may be required to develop a paving platform. Soft materials should be expected near areas with high groundwater levels. Stabilization could also be considered as part of the pavement Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 9 design, although prior to finalizing those sections, a stabilization mix design would be required. Site Pavement Pavement sections are based on traffic volumes and subgrade strength characteristics. The lean clay site soils have low remolded strength. An R-value of 5 would be appropriate for design of the pavements supported on the subgrade soils. Preliminary pavement sections based on the roadway classifications and anticipated subgrade soils are provided below in Table I. The projected traffic may vary from the traffic assumed from the roadway classification based on a site specific traffic study. TABLE I —PRELIMINARY PAVEMENT RECOMMENDATIONS Local Collector Estimated EDLA 10 50 DWSN 2.49 3.29 A. Composite Section Hot Bituminous Pavement 4" 5" Aggregate Base Cement 6" 10" B. Composite Section on Stabilized Subgrade Hot Bituminous Pavement 3" 4" Aggregate Base Course 4" 6" Fly Ash Stabilized Subgrade 12" 12" Asphalt surfacing should consist of grading S (3/4 inch minus) hot bituminous pavement consistent with Colorado Department of Transportation(CDOT)requirements. Aggregate base should be consistent with CDOT requirements for Class 5 or Class 6 aggregate base.A suggested specification for stabilization of the subgrades with class C fly ash is included with this report. Earth Engineering Consultants,Inc. EEC Project No. 1052099 July 27,2005 Page 10 GENERAL COMMENTS The analysis and recommendations presented in this report are based upon the data obtained from the soil borings performed at the indicated locations and from any other information discussed in this report. This report does not reflect any variations which may occur between borings or across the site. The nature and extent of such variations may not become evident until construction. If variations appear evident, it will be necessary to re-evaluate the recommendations of this report. Site specific explorations will be necessary for the proposed site buildings. It is recommended that the geotechnical engineer be retained to review the plans and specifications so that comments can be made regarding the interpretation and implementation of our geotechnical recommendations in the design and specifications. It is further recommended that the geotechnical engineer be retained for testing and observations during earthwork and foundation construction phases to help determine that the design requirements are fulfilled. This report has been prepared for the exclusive use of Chateau Development for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranty, express or implied, is made. In the event that any changes in the nature,design or location of the project as outlined in this report are planned,the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions of this report modified or verified in writing by the geotechnical engineer. DRILLING AND EXPLORATION DRILLING&SAMPLING SYMBOLS: Split Spoon- 13/8" I.D.,2"O.D.,unless otherwise noted PS: Piston Sample : Thin-Walled Tube-2"O.D.,unless otherwise noted WS: Wash Sample tt: Ring Barrel Sampler-2.42"I.D.,3"O.D.unless otherwise noted PA: Power Auger FT: Fish Tail Bit HA: Hand Auger RB: Rock Bit DB: Diamond Bit=4",N,B BS: Bulk Sample AS: Auger Sample PM: Pressure Meter 11S: Hollow Stem Auger WB: Wash Bore Standard"N"Penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2-inch O.D.split spoon,except where noted. WATER LEVEL MEASUREMENT SYMBOLS: WL : Water Level WS : While Sampling WCI: Wet Cave in WD : While Drilling DCI: Dry Cave in BCR: Before Casing Removal AB : After Boring ACR: After Casting Removal Water levels indicated on the boring logs are the levels measured in the borings at the time indicated. In pervious soils,the indicated levels may reflect the location of ground water. In low permeability soils,the accurate determination of ground water levels is not possible with only short term observations. DESCRIPTIVE SOIL CLASSIFICATION PHYSICAL PROPERTIES OF BEDROCK Soil Classification is based on the Unified Soil Classification DEGREE OF WEATHERING: system and the ASTM Designations D-2488. Coarse Grained Slight Slight decomposition of parent material on Soils have move than 50%of their dry weight retained on a#200 joints. May be color change. i-Qieve;they are described as: boulders,cobbles,gravel or sand. Moderate Some decomposition and color change ae Grained Soils have less than 50% of their dry weight throughout. retained on a #200 sieve;they are described as : clays, if they High Rock highly decomposed, may be extremely are plastic, and silts if they are slightly plastic or non-plastic. broken. Major constituents may be added as modifiers and minor HARDNESS AND DEGREE OF CEMENTATION: constituents may be added according to the relative proportions Limestone and Dolomite: based on grain size. In addition to gradation, coarse grained Hard Difficult to scratch with knife. soils are defined on the basis of their relative in-place density Moderately Can be scratched easily with knife. and fore grained soils on the basis of their consistency. Example: Lean clay with sand, trace gravel, stiff(CL); silty Hard Cannot be scratched with fingernail. sand,trace gravel,medium dense(SM). Soft Can be scratched with fmgemail. CONSISTENCY OF FINE-GRAINED SOILS Shale,Siltstone and Claystone: Hard Can be scratched easily with knife,cannot be Unconfined Compressive scratched with fingernail. Strength,Qu,psf Consistency Moderately Can be scratched with fingernail. Hard < 500 Very Soft Soft Can be easily dented but not molded with 500- 1,000 Soft forgers. 1,001 - 2,000 Medium Sandstone and Conglomerate: 2,001 - 4,000 Stiff Well Capable of scratching a knife blade. 4,001 - 8,000 Very Stiff Cemented 8,001 - 16,000 Very Hard Cemented Can be scratched with knife. RELATIVE DENSITY OF COARSE-GRAINED SOILS: Poorly Can be broken apart easily with fingers. N-Blows/ft Relative Density Cemented 0-3 Very Loose 4-9 Loose 10-29 Medium Dense C''� Dense 50-80 Very Dense j 30-49 80+ Extremely Dense L---. UNIFIEDSOIL CLASSIFICATION SYSTEM Soil Classification Group Group Name Criteria for Assigning Group Symbols and Group nano thing Laboratory Tests Symbol Coarse—Grained Gravels more than Clean Grovels Less Sons more than 50% of course than 5X fines Cu' oml «c$31 GW Well—graded grovel` 50% retained on fraction retained No. 200 sieve on No. 4 sieve Cu<4 and/or 1>Cc>3e GP Poorly—graded grovel` Gravels with Fines Fines classify as ML or MN GM Silty grovel, G,H more then 12% fines Fines classify as CL or CH GC Clayey Grovel`y'. Sands 50% or Clean Sands Less Cu* and 1<Cc<3t SW Well-graded sand' more coarse than 5% fines r fraction passes Cueb and/or 1>Cc>3 SP Poorly-graded sand' No. 4 sieve Sands with Fines Fines classify as ML or Mil SM Silty sand" more than 12% fines Fines classify as CL or CH SC Clayey sand"' Fine-Grained - Sits and Clays inorganic P1>7 and plots on or above 'A"Line CL Lean clay`" _ Soils 50% or Liquid Limit less more passes the than 50 PI<4 or plots belay 'A°Line' ML Slt"-" No. 200 sieve organic Liquid Limit - oven dried Organic clay Lull` <0.75 OL Liquid Limit - not dried Organic sit"' Sills and Clays inorganic PI plots on or above "nine CH Fat clay t,.. Liquid Limit 50 or e^ more PI plots below "Aline MH Elastic Silt" organic Liquid Limit - oval dried Organic dayr" <0.75 Of Liquid Limit - not dried Organic sltwa Highly organic sails Prinariy organic matter, dark it color, and organic odor PT Peat "nosed on the material p®iwg the }n. (75- tun Cr 51 mil contobs 15 to 29IPbs Me.204 odd mar) -Cso�at Th sand" or with grovel'. whichever is 'if new sample contained cobbles or boulders. predominant or both, odd 'with cobbles or boulders, or both' elf sai contoirs x 30' plus Ma 2➢0 to group none Al sal contains 2155 wand, add'with sond'b predomkrandy sand, odd'sandy to group 4+ards with 5 to 132 Rom required dual "It e. so 'robots 'If mime. r tl sit ow a.-M, ins dual symbol n sot contains x 3a2 Was No. 20a 611-04 ma graded grovel with sit CC-01. a SC-9L predonrkwndy grovel, odd -gravely to group CO-GC well-graded grovel withcloy NI fines Me organic add wM o 100414. o rgo,c Onset° EF- poody'-grad grovel with grwp none sib? d plots an or abate 'A' Wm 1F-GC party-graded gravel with Soy Mr .w mntok� >l 5iitn cwith graves' ;Is+ plots below We. 'Sands with 5 to 12% Fad require dud to grout, omit m 'PI plots an or move 'A'Goo symbols: of Atterbe or g Omits plots shaded et sot is o PI plats below 'A' line. Sw-44 wee-graded sand with sit CL-e4 city day. SM-SC wet-graded sand with cloy 51'-91 poorly graded sand with set SP-SC poorly graded sand with cloy ii for mmruren m Ibut-gtelned a. a R,.-arelnd Lauer.f morn- ' welled seatI. b- Eyatba it'K-low � 11vte.fltal alS 4(tbLL�fea 'y�`P O` E. rw.dn or tr-M .ls -• tweed 40_ et IL-i5 to ar>. •r X ten Po-a9 01-el Id I ('C- ED Z V SI- F U_ 'e F OV "'a', _2 c}... H � 0H a 10- fr 7/ uW' MLT p C OL 0 1. m 5 w 50 w m do 50 to nO LIOIMO UMIT (LL) r H \ N 1 NOT 70 SCALE • EBERL PROPERTY • B-7 B-8 1 P-5 1 H - - 1 —II T B—55 LEGEND BI SITE PHOTO 1 P-4 e-2 BORING LACAT P-2 FlE20141ER IOCATI®MI ~As I.e POW MI IRNYI r ININILIIIM Or IS IC7 O C ) -0- Z z B-4I ' P-31 D B- 6 HIGHLAND PROPERTY o / I I 4 / / ^. B- 1 B-2 B-3 1 / P-2 I P- 1 2 i HIGHWAY 66 1 r BORING LOCATION DIAGRAM HIGHLAND AND EBERL PROPERTIES WELD COUNTY, COLORADO PROJECT NO: 1052099 DATE: JULY 2005 EARTH ENGINEERING CONSULTANTS 2;f Ofi, fiN t I ri 1 T r M! PHOTO # 1 '4 t,jhi - _ fz3h i '_ - PHOTO # 2 '� HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO . /.. EC)- 1 '- EEC PROJECT No. 1052099 E E C JULY 2005 \\� HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT NO: 1052088 Piezonleter#1 DATE JULY 2005 LOG OF BORING B-1 RIG TYPE: CME46 SHEET I OF 1 WATER DEPTH FOREMAN: JJC START DATE 71512005 WHILE DRILLING 6A' AUGER TYPE: C CFA FINISH DATE 71512005 AFTER DR LUNG WA SPT HAMMER: AUTOMATIC SURFACE ELEV WA 11 DAYS AFTER DRRLJNG 5.6' SOIL DESCRIPTION D N oU NC DO AWle Se SWELL 'TYPE FEET) pLm S/F11 OW) ON Val u W oz PRESSURE RE IM PRE TOPSOIL AND VEGETATION _ 1 CLAYEY SAND(SC) — _ browrWrst 2 loose _ _ 3 4 55 -5 2 500 23.6 6 _7 B —4 CLAYSTONE BEDROCK - - rus*bovm 55 10 31 9000s 18.4 highly weathered _ _ with saNstoue layers 11 1-2 13 14 SS /S 5011? 9000+ 18A BOTTOM OF BORING 15.5' 1-6 1-7 1-8 1-9 20 21 2-2 2-3 l,^ 2-4 2-5 Earth Engineering Consultants HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT NO: 1052099 DATE: JULY2005 LOG OF BORING B-2 RIG TYPE:CME45 SHEET 1OF 1 WATER DEPTH FOREMAN:SIC START DATE 71112005 WHILE DRILLING 5.V AUGER TYPE:C CFA FINISH DATE 71112005 AFTER DRILLNG NM SPT HAMMER: AUTOMATIC SURFACE ELEV WA 11 DAYS AFTER DRILLING WA SOIL DESCRIPTION 0 M W MC DO MISTS 3M SWELL 'TYPE (FEET) (BLOWS/FT) WW1 1%) O'DTI LL R t%) PRESSURE %@ WOPSF TOPSOIL AND VEGETATION _ _ 1 SANDY LEAN CLAY(CL) 2 Mown _ _ stiff CS 3 7 4000 21.6 100.9 90 23 84.1 1000 p0/ 0.3% 4 55 5 5 4000 22.3 6 _ _ B CLAYSTONE BEDROCK 9 rustgraY _ _ highly weathered SS 10 15 7000 20.5 with sandstone layers — — 11 1-2 1-3 14 SS 1-5 50 9000* 139 BOTTOM OF BORING 15 S 1-6 1-7 16 19 20 2-1 2-2 2-3 2-4 25 Earth Engineering Consultants HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT NO: 1652099 Piezometer A 2 DATE: JULY 2005 LOG OF BORING B-3 RIG TYPE: CME45 SHEET I OF 1 WATER DEPTH FOREMAN: JJC START DATE 7IM005 WHILE DRILLING None AUGER TYPE: 4 CFA FINISH DATE 7212005 AFTER DRILLING WA SPT HAMMER AUTOMATIC SURFACE ELEV NIA 11 DAYS AFTER DRILLING 325' SOIL DESCRIPTION o N 0u Mc 00 µJOYS 400 SWELL TYPE (FEET) I9towsiCT) PSE) 1x1 B) LL N 1x1 PRESSURE %.NS PIP TOPSOIL AND VEGETATION _ _ 1 SANDY LEAN CLAY(CL) - - brown 2 NM _ _ 3 4 SS -5 16 9000* 14.9 CLAYSTONE BEDROCK _ rust/gray 6 moderaIety hard highly weathered 7 with sandstone layers _ _ B _9 SS 1-0 35 90004 13.7 _ _ 11 1-2 increasing sandstone content with depth 1-3 14 SS 1-5 50 90004 12.5 BOTTOM Of BORING 15.5 1-6 1-7 1-0 1-9 20 2-1 22 23 2-4 25 _ Earth Engineering Consultants HIGHLAND AND EBERL PROPERTIES INPROJECT WELD COUNTY,COLORADO NO: 1062001 Piezometer•3 DATE: JULY 2006 LOG OF BORING 8-4 JG TYPE CHESS SHEET 1 OF 1 WATER DEPTH FOREMAN:JJC START DATE 121205 WHILE DRILLING None AUGER TYPE 4'CFA FINISH DATE X012005 AFTER DRILLING WA SFr HAMMER AUTOMATIC SURFACE ELEV WA 11 DAYS AFTER DRILLING +.26 SOIL DESCRIPTION B N 00 MC BB ALM1r9 3200 SWELL I1WT FEEL) IBLONSFR IPEF) I%)_ Jo LL _ (%)_ PRESSURE NO SOO PS, TOPSOIL AND VEGETATION _ _ 1 SANDY LEAN CLAY(CL) _ _ 6gIl 0rO.n 2 stT to wog s0O - - 3 _4 SS -6 3 6 7 9 CLAYSTONE BEDROCK _ 0ram/grayhtmt CS 10 25 9000+ 14.9 112.4 30 T 625 1000pe/ 0.3% highly wea0ere0 _ _ �.^wan sandstone layers 11 1-2 1-3 1-4 SS 1-6 6016' 7000 14.5 BOTTOM OF BORING 15 5 1-6 17 18 19 2-0 21 2-2 2-3 2-4 2-5 Earth Engineering Consultants 1 HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT Nth 1052099 Piezometer#4 DATE: JULY 2005 LOG OF BORING 84 RIG TYPE: CREW SHEET I OF 1 WATER DEPTH FOREMAN: JJC START DATE 71812005 ILE DRILLING 5.0' AUGER TYPE P CFA FINISH DATE 71812005 ' DRILLING WA SPT HAMMER: AUTOMATIC SURFACE ELEY WA It DAYS AFTER DRILLING Ar SOIL DESCRIPTION 0 N Ou AIL' DO mans 2a9 swell .__ ITTPE (FEET) ISL04SNT) _..PaF1 I%) t) IL N N PRESSURE xO Re PSF TOPSOIL AND VEGETATION _ _ 1 CLAYEY SAND(SC) — — brown 2 loose _ _ 3 4 SS 5 3 — 203 6 7 B 9 SS 1-0 11 4500 21.0 CLAYSTONE BEDROCK i-t rusUbrosn _ hi ity weathered 12 with sandstone layers _ _ 13 1-4 55 1-5 50 9000' 17.5 BOTTOM OF BORING 15 5 1-6 I-T 10 1-9 20 2-1 22 2-3 �., 2-4 I 2-5 Earth Engineering Consultants HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT NO: 1052099 DATE: JULY 2005 LOG OF BORING B4{ RIG TYPE:CME4S SHEET 1 OF 1 WATER DEPTN FOREMAN:JJC START DATE 71012005 WHILE DRILLING 7.5 AUGER TYPE: 4'CFA FINISH DATE 7/8/2005 AFTER DRILLING WA SPT HAMMER: AUTOMATIC SURFACE ELEV WA 11 DAYS AFTER DRILLING WA SOIL DESCRIPTION o N 00 NC 00 AIA61U 400 SWELL TYPE WEEP) IDIOM/FT, (PSH (5) Pen U. PI OR PRESUME Se IN PM TOPSOIL AND VEGETATION _ _ 1 SANDY LEAN CLAY(CL) _ _ reddish brow 2 still ST _ _ — 1000 26J 98.1 38 22 64.7 c500 pat None 3 SS _ _ 3 — 25.4 4 CLAYEY SAND(SC) _ — Mown 5 loose _ _ 6 -7 8 CLAYSTONE BEDROCK -9 rust/gray - - highly weatheroE CS 10 22 9000+ 17.6 109.1 <500 psi None r with sandstone layers _ _ 11 1-2 1-3 1-4 SS 1-5 41 90004 14.9 BOTTOM OF BORING 15.5 16 17 1-8 19 20 2-1 2-2 2-3 /�- 2-4 25 Earth Engineering Consultants HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT N0: 1052098 DATE JULY 2005 LOG OF BORING B-7 RIG TYPE CAW-45 SHEET 1 OF 1 WATER DEPTH FOREMAN:JJC START DATE 7119/2005 WHILE DRILLING eA' AUGER TYPE: V CFA FINISH DATE 7/19/2005 AFTER DRIWNG WA SPT HAMMER: AUTOMATIC SURFACE ELEV WA 24 HOURS WA SOIL DESCRIPTION D N 00 me DO MM15 a SWELL rat WEEn (BLOWWW) Inn 04 (PM a N D'4 PRESSURE Y O RN YSi TOPSOIL AND VEGETATION _ _ SANDY LEAN CLAY(CL) _ — browNdark browMan 2 stiff ST _ _ — 9000• 150 103.1 47 28 82.4 <500 psi None mottled 3 55 _ _ 4 — 26.7 4 SILTY CLAYEY SAND(SC) _ _ brown 5 loose _ _ 6 _7 8 _9 CLAYSTONE BEDROCK CS 10 12 6500 21.2 105.1 36 /9 77.4 <500 psi Nom gray/nut _ _ moderately herd 11 highly weathered _ _ 12 1-3 1-4 SS 1-5 30 8000E 15.3 BOTTOM OF BORING 15 5 1-6 1-7 1-8 1-9 20 2-1 22 2-3 24 2-5 Earth Engineering Consultants HIGHLAND AND EBERL PROPERTIES WELD COUNTY,COLORADO PROJECT NO:1052099 Piezorneter#5 DATE: JULY2005 LOG OF BORING% RIG TYPE CREAM SHEET 1 OF 1 WATER DEPTH FOREMAN: SIC START DATE 711912005 _WHILE DRILUNG 6.0' AUGER TYPE: C CFA FINISH DATE 7HW2005 AFTER DRILLING 6.T SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOURS WA SOIL DESCRY'TION D It 0U MC DO MARTS am SWELL Inn NEM (ST) Merl N ea) U. PI N PRESSURE X0 LAPSE TOPSOIL AND VEGETATION _ _ 1 SANDY LEAN CLAY(CL) _ _ dark brain 2 still _ _ 3 _4 SILTY CLAYEY SAND(SC) _ _ tan SS 5 7 1500 30.7 loose _ _ 6 -7 CLAYSTONE BEDROCK 8 mstgray _ _ moderately hard 9 Morey weathered _ _ with sandstone seams SS 10 22 8500 19.6 with gypsum crystals _ _ H 1-2 1-3 1-4 SS 15 5d11' 9000+ 16.3 BOTTOM OF BORING 15 S 16 1-7 16 19 20 2-1 2-2 23 2-4 2-5 - Earth Engineering Consultants SWELL/ CONSOLIDATION TEST RESULTS Material Description: Brown Sandy Lean Clay Sample Location: B-1, S-1 @ 2.0' Liquid Limit: 40 'Plasticity Index: 23 1 % Passing#200: 84.1 Beginning Moisture: 30.2% Dry Density: 100.9 pcf jEnding Moisture: 22.6% Swell Pressure: 1000 psf % Swell @ 500 psf: 0.3% 10 , — { ' 8 — gV f I I t l 11 I � � 4 i I I { � It I I [ H ' 2 t 1 j II_ l I ! ! m t l iE � , ; I : ; ; I ' a 1N o added I i I , E ' I I _2 II i li I ' : `i ii S I i t `I I I 1 / � � I fi � � ate ; — : � : -IZ. 't-6 0 o 1 a . lI i — E I if � I • E l _,0 0.01 0.1 1 10 Load(TSF) Project: Highland and Eberl Properties Weld County, Colorado ,-- Project#: 1052099 Date: July 2005 : j'- : 7 E EC ) SWELL / CONSOLIDATION TEST RESULTS Material Description: Brown/Gray/Rust Highly Weathered Claystone Sample Location: B-4, S-2 @ 9.0' Liquid Limit: 30 'Plasticity Index: 7 1 % Passing #200: 62.6 Beginning Moisture: 15.4% Dry Density: 112.4 pcf 'Ending Moisture: 19.2% Swell Pressure: 1000 psf % Swell @ 500 psf: 0.3% 10 I ! I ! 1 `i • , i 8 I i 17)6 U) 1 ! ) ! I 4 c 2 � � ' { j ► I I ; ij • o ! j l j ` i � ' I E 01 ± • ' � i ! II ' ' I1 E I W1{`{Added i ( ' i I i I I . II . ; , al ` I I • � ,o I • .y .o 1-o • -10 '• • -1- i ! f } 0.01 0.1 1 10 Load(TSF) Project: Highland and Ebert Properties Weld County, Colorado Project#: 1052099 Date: July 2005 $' EEC SWELL/ CONSOLIDATION TEST RESULTS Material Description: Rust/Gray Highly Weathered Claystone Sample Location: B-6, S-3 @ 9.0' Liquid Limit: — 'Plasticity Index: — I % Passing#200: — Beginning Moisture: 17.7% Dry Density: 109.1 pcf 'Ending Moisture: 19.0% Swell Pressure: <500 psf % Swell @ 500 psf: None 10 --- 1 I I ! ! I I i I I I I I I- I i ill I ; III ill . 36 I `— IIII w I I I I I ! 4 I I l I ' i I , I 111 I I I I c 2 ! I ! i I I - i E I ! , I I B Yvatg� added a -2 • ; I I !. I —; '! : I 1 I ' II i ' i It I Ill II ' II I '- - o. ! I o I � 1 ! I o$ I ; -i.A-�j U , I I __ I• 1 1 I • : I II !. -10 - --1 I 1 1 _ _I _1 I I I I I I I y 0.01 0.1 1 10 Load(TSF) Project: Highland and Eberl Properties Weld County, Colorado ---` Project#: 1052099 Date: July 2005 EEC : SWELL / CONSOLIDATION TEST RESULTS Material Description: Reddish Brown Sandy Lean Clay Sample Location: B-6, S-1 @ 2.0' Liquid Limit: 38 'Plasticity Index: 22 l % Passing #200: 84.7 Beginning Moisture: 25.1% Dry Density: 103.1 pcf !Ending Moisture: 23.3% Swell Pressure: < 500 psf % Swell @ 500 psf: None 10 T-17- 8 8 I ( ;S ' , I F co ! I ! a i ` i 2 f I � i • ( I • I I ! { ! I o Is I I i I ' f o WI / I LJH • I 1 iI atAdded i n -2 - ! I� I- i I � I I I I I ! I ii ; , : I i I ' . i j a � — � I � I L I . fIi I ! O 0 i -8 l I I ! l ! I I I i 1 I ! -10 I l i I1_ . I I I l' i 0.01 0.1 1 10 Load(TSF) Project: Highland and Eberi Properties Weld County, Colorado Project#: 1052099 Date: July 2005 '~-7 EEC ',,: SWELL /CONSOLIDATION TEST RESULTS Material Description: Brown/Dark Brown Mottled Sandy Lean Clay Sample Location: B-7, S-1 @ 2.0' Liquid Limit 47 'Plasticity Index: 28 I % Passing#200: 82.4 Beginning Moisture: 19.4% Dry Density: 103.1 pcf 'Ending Moisture: 22.8% Swell Pressure: < 500 psf % Swell @ 500 psf: None 10 I 1 i I II 1 I I 8 I I -- - I _ • I ; I I I i 36 III I co ,i I I 4 I _ I I ''I ' i I II f 0 � I 0a. -2 Watbr Added I ' l l i 1 II II 1° I I :4 6 - i I I 0 I I ! I I l i 11 Ell I 0.01 0.1 1 10 Load (TSF) Project: Highland and Ebert Properties Weld County, Colorado Project#: 1052099 Date: July 2005 EEC SWELL /CONSOLIDATION TEST RESULTS Material Description: Gray/Rust Highly Weathered Claystone Sample Location: B-7, S-3 @ 9.0' Liquid Limit: 36 'Plasticity Index: 19 I % Passing#200: 77.4 Beginning Moisture: 20.8% Dry Density: 105.1 pcf 'Ending Moisture: 20.8% Swell Pressure: < 500 psf % Swell @ 500 psf: None 10 I , ' . . , I I ; I i ! I i 8 I i . ; I {{' I r l , I � i ; , i Il 66 ; I I I I i Ico i I I ii i III I - r` I 2 --I .. I I I l i i ' II it 1 ! , `; II • ' I m I 1 1 ! ca wtAdsatI" ed i ' II i • . • s • ! I EL -2 fiI •' i ; l • • ; � •• I i c -4 —----' I- i ! I ! its I l , i I i I !T3 i 1 II ! i I iI i_ l , i o I _ -8 i I I -10 , • I . i f I I 0.01 0.1 1 10 Load(TSF) Project: Highland and Eberl Properties Weld County, Colorado Project#: 1052099 Date: July 2005 -� "''�- r EEC LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. Water Rights Report The applicant will be obtaining the following water rights with the Highland property: • 139 Acre feet of water as allocated by the Northern Colorado Water Conservancy District • 4.5 shares of Highland Ditch stock • 18 shares of Lake McIntosh Reservoir Company The applicant is in discussions with Longs Peak Water District (LPWD) to provide domestic water service to the site. The applicant plans to provide all water rights required by the district to provide that service. A copy of any water rights study required by LPWD will be submitted to the city at that time. Statement of Community Need Both the Weld County and Town of Mead comprehensive plans acknowledge that the Mead area has the capacity to and will grow significantly between the years 2000 and 2020. The projected minimum growth rate of 3% for Weld County likely underestimates the growth rates that the Town of Mead will experience during the planning period, largely due to the number of already approved subdivisions, the community's proximity to the high growth communities of Longmont and Boulder, and the Town's close proximity to the high growth communities immediately adjacent to the City of Denver, such as Arvada, Thornton and Westminster. The Town's growth will also be significantly influenced, and its value enhanced, by its proximity to I-25. Furthermore, Northern Colorado's natural beauty, educational, employment, recreational and cultural opportunities, and desirable climate will continue to attract people to communities like the Town of Mead. The particular demographic profile attracted to the area will be broad and will include retirees, "empty nesters", single adults and families with children. The development proposal's response to the projected demand for housing, goods and services and community facilities in the Mead area follows: Expanded Availability of Goods and Services An estimated 200,000 square feet of commercial land use, currently in limited supply in the Mead area, is proposed to support the existing and future development of the Town. A commercial setting this size and scale is capable of supporting a variety of neighborhood-oriented retail and service uses as well as professional offices. Increased Tax Revenues Consistent with the Town's comprehensive planning objective of balancing, building and diversifying its tax base(Comprehensive Plan Pages 10 and 11), the preliminary fiscal impact assessment estimates that this development will generate a minimum of 2.6 million dollars of net one-time revenues and a minimum of 1.4 million dollars of net recurring revenues. Expanded Housing Opportunities The conceptual master plan proposes the construction of an estimated 437 homes over a period of five to seven years to support the projected population growth of Mead during the 20 year planning period. The preliminary development plan suggests a variety of lot sizes, price ranges and housing products, including traditional detached single family houses, as well maintenance free attached homes within the Village Mixed Use area. Open Space, Active and Passive Recreation Improvements At build-out, it is estimated that the proposed development will contain approximately 40 acres of common open space, consisting of parkland with passive and active recreational areas, as well as landscaped right-of-way, transitional land use buffer zones, wetlands protection areas, and attractively landscaped stormwater management facilities. The development plan contemplates a comprehensive master plan of integrated parkland and open space sufficient in size and character to support what the Town's comprehensive plan identifies as desired, including a neighborhood park, parkways and/or circuit parks, open space and water features (Comprehensive Plan Pages 44-51). Contributions to Public Infrastructure Chateau Custom Builders proposes to contribute its proportionate share to the expansion of public infrastructure into the area, sized appropriately to support this and future development. Examples of anticipated infrastructure improvements include the widening of SH 66 to include turnlanes, intersection improvements at CR 7 and SH 66 necessary to support the development, proper SH 66 access alignment with the forthcoming Centex development to the south, and the extension of CR 51/2 through the commercial component of the development per planned Mead and Weld County alignments. We also anticipate proportionate share contributions to the continued construction of water and sewer lines into the vicinity to support this and future development, and we anticipate proportionate share contributions to the dedication and/or construction of parkland and future schools. Development Impact Assessment Statements General Site Location and Description The Highlands site is located in the South Half of Section 21, the Southwest Quarter of Section 22, and the North Half of Section 28, Township 3 North, Range 69 West of the 6th Principal Meridian, County of Weld, State of Colorado. More specifically, the site is bound by the Great Western Railroad to the west, County Road 7 to the east, State Highway 66 to the south and the Eden's Reserve subdivision to the north. The 168 acre development consists of 7,000 to 10,000 square foot lots in the northern portion, and a commercial and mixed use area in the southern portion adjacent to SH 66. The development impact of the proposed annexation is: 6.1 Water Demand At this time, the Highland Property is located within the service district of the Longs Peak Water District (LPWD). The applicant is in discussions with LPWD concerning the project and will be obtaining an agreement to serve the site prior to final approval of the annexation. The LPWD is planning to install a major service line up to the intersection of Weld County Road 5 'h and State Highway 66 adjacent to the Highland property. The applicant is coordinating with the LPWD to connect with the new service line. It is the applicant's intent to review the use of a secondary non-potable irrigation system within the development. This system may be contained on site, or may be part of the non-potable irrigation system being studied by the Highland Ditch Company. 6.2 Sanitary Sewer Demand Currently, the majority of the Highland property is contained within the St. Vrain Sanitation District. A small portion along the east side of the proposed developments is not within the St. Vrain Sanitation District boundaries. The applicant is presently petitioning to get the entire property included in the district and within the District's 208 service boundary and we are requesting the Town's support and assistance in this petition. The applicant is coordinating with the St. Vrain Sanitation District to continue north along Liberty Gulch with the current service line expansion project to provide service to The Highlands subdivision. Table 6.2.1: Sanitary Sewer Demand Land Use Rates Residential Commercial Residential Commercial *Demand (units) (acre) (gal/unit/day) (gal/acre/day) (gal/day) Highland Annexation 337 34.80 2,700 1,100 909,900 • Calculations involving commercial acreage excludes 8%for open space and 2 acres for detention • The total number of residential units does not include the potential for approximately 100 units within the Village Mixed Use Category 6.3 Natural Gas Natural gas will be provided by Xcel Energy. The applicant is currently in contact with Nikki McMantial of Xcel Energy. 6.4 Electric Demand Electric service will be provided by United Power. The applicant has contacted Bill Meier with United Power and a"will serve" letter may not be issued until the project is further in the design process. Application materials have been obtained and an onsite meeting has been held to discuss the project. 6.5 Telephone Qwest will be the communications service provider. The applicant is currently in contact with Len Cross of Qwest. 6.6 Streets Access to The Highlands subdivision will be from State Highway (SH) 66 and Weld County Road 7. The west access from SH 66 will align with Weld County Road 5 1/2. The east access from SH 66 will align with Stage Coach Drive, a local street servicing the adjacent property to the south being developed by Centex Homes. The applicant will be in contact with the Colorado Department of Transportation (CDOT) about obtaining access from SH 66 and is aware of the access permit application process. Access from WCR 7 to the proposed subdivision will be one- quarter of a mile north of the SH 66 and WCR 7 intersection. All local street cross sections within The Highlands subdivision will adhere to the Town of Mead construction standards. A copy of a Preliminary Traffic Assessment letter from LSC Transportation Consultants, Inc. is included with these statements for your review. 6.7 Drainage Presently, the Highland property primarily consists of undeveloped agricultural farmland. Historically, drainage sheet flows across the site from north to south. Stormwater runoff is discharged from the property through two existing culverts under State Highway (SH) 66 and ultimately directed to Liberty Gulch. The Highlands subdivision will detain all developed stormwater runoff onsite. Detained flows will be released per the Town of Mead construction standards and released offsite through the two existing culverts under SH 66. Please refer to the "Preliminary Drainage Report for The Highlands" revision date September 12, 2005, for more detailed drainage information. The proposed development is not within any FEMA designated floodplain areas r. 6.8 Law Enforcement The proposed property is currently under the protection of the Weld County Sheriff s Department. Law enforcement will be provided by the Town of Mead through its contract with the Weld County Sheriff's Department. 6.9 Fire The proposed property is within the Mountain View Fire Protection District. The applicant is in contact with the Fire Marshal about service to this property. There is a possibility that a portion of land may need to be donated for fire protection use. The final requirements for providing service to this property will be negotiated between the applicant and the Fire District before final approval of the annexation. 6.10 Parks and Recreation Mead requires .08 ac. per unit in residential areas to be dedicated as parks or open space. We understand that "parks" means developed open space with recreational facilities and "open space" means land generally left in its natural state or with very low intensity passive uses, and the balance between terms is worked out for each development. Using the basis of 337 residential units on the Highland property the required residential open space area is 27 Ac. The proposed site plan provides — 32 Ac of open space for residential use on the Highland property. The total open space area exceeds the requirement. The open space requirement for commercial areas is a minimum 8% of the gross commercial acreage. The total commercial and Village mixed use areas open space requirement is 2.8 Ac. This requirement will be met by the use of certain detention areas within the commercial and Village mixed use zones, and additional open spaces that will be determined when final design for the commercial and Village mixed use areas are determined. The open space provided conforms to the suggestions in the Town of Mead Comprehensive Plan for Parks. A large park space is located in the central part of the site and will function as the neighborhood park. Sidewalks and other pathways throughout open space areas will create a pedestrian trail network, which will provide access to the neighborhood park. An active play area will be designated within this space and may include a children's playground, picnic shelter, shade structure, benches, small sport court, or other similar features. Enhanced landscape improvements and open turf areas for active play are also anticipated. Passive play areas will also be included throughout the neighborhood park and the remainder of the site. A majority of the site includes a landscape buffer area along the perimeter boundary. These areas are ideal locations for pedestrian and bicycle trails and will provide connections to other site focal points and amenities. Detention areas are located throughout the site. Some of the detention areas will be counted towards the provided open space amount and will be based upon the depth and slope of the pond as well as the frequency that the pond will be available to be used for an open play areas. Some detention areas will not be counted towards the provided open space amount due to their anticipated depth and frequency in which the pond will contain water. The gas well setback area is not included in the park/open space dedication area calculations. 6.11 Environmental Considerations The applicant is hiring a consultant to perform an environmental assessment and will provide a copy of the report upon completion. 6.12 Economic Development Potential Economic development opportunities attributable to this development include: • Business and Job Creation: 200,000 square feet of commercial space will be constructed as part of this development, thus creating 200,000 square feet of new business activity and new job opportunities within the retail, service, construction and technical industries. • Customer Base Expansion: New and existing businesses will also benefit from the development in that an estimated 950 new residents will live in Mead, contributing to the customer base that supports local businesses. • Revenue Generation: In addition, the Town of Mead will benefit from the standard municipal revenues associated with new construction and development activity, estimated at 2.6 million dollars. Recurring revenues associated with this development are estimated at 1.4 million dollars annually. LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver,CO 80206 (303)333-1105 FAX(303)333-1107 E-mail: Isc@Iscdenver.com Web Site: http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. October 12, 2005 Ms. Margaret Barden Chateau Development Company 12050 Pecos Street, Suite 100 Westminster, CO 80234 Re: Highland Property Annexation Mead, Colorado (LSC #050990) Dear Margaret: This letter is written in support of annexation of the Highland Property into the Town of Mead. The attached Figure 1 shows the location of the property. The site is bounded by the Great Western Railroad on the west,Weld County Road (WCR) 7 on the east, State Highway (SH) 66 on the south, and vacant land on the north. The site will gain access from WCR 5.5 on the west, WCR 7 on the east, and possibly one access on SH 66 (approval from the Colorado Department of Transportation is required). The roadway plan for the site includes the extension of WCR 5.5 north of SH 66 along the preferred alignment as defined by Weld County in the 1-25 Parallel Arterial Study, September, 2003. In addition, WCR 7 and SH 66 would remain in their current locations. The proposed location of these major roadways is consistent with the transportation plan for the area. WCR 5.5 would be constructed in accordance with the requirements of Weld County and WCR 7 would be improved to the Town of Mead standards, if necessary. Turn lanes would be added on SH 66 in accordance with the requirements of the Colorado State Highway Access Code at the WCR 5.5 and WCR 7 intersections and possibly an additional access intersection approximately halfway between WCR 5.5 an d WCR 7 which would align with the proposed access to the Liberty Ranch development south of the site. The attached table shows expected land use and trip generation for the site. Preliminary plans for the site envision approximately 337 single-family dwelling units, 100 townhome/ condominiums, and up to 200,000 square feet of retail space. As the attached table indicates, the site is expected to generate approximately 12,400 vehicle-trips per day with 199 entering and 306 exiling the site during the AM peak-hour and 611 entering and 532 exiting the site during the PM peak-hour. Ms. Margaret Barden Page 2 October 12, 2005 The attached Figure 2 illustrates the expected distribution of site-generated traffic. As this figure shows, the residential portion of the site-generated traffic is expected to be distributed such that five percent is oriented to/from north WCR 5.5, five percent is oriented to/from north WCR 7, ten percent is oriented to/from south WCR 5.5, five percent is oriented to/from south WCR 7, 25 percent is oriented to/from west SH 66, 45 percent is oriented to/from east SH 66, and the remaining five percent is captured internal to the site. The retail portion of the site-generated traffic is expected to be distributed such that ten percent is oriented to/from north WCR 5.5, ten percent is oriented to/from north WCR 7, ten percent is oriented to/from south WCR 5.5, ten percent is oriented to/from south WCR 7, 25 percent is oriented to/from west SH 66, 30 percent is oriented to/form east SH 66, and the remaining five percent is captured internal to the site. * We trust that this report will assist with planning for the Highland property. Sincerely, LSC Transportation Consultants, Inc. ............. • • N S +F By: ;r a I —/ s V:"Atft /aenjam. T. Waldman, P.E. E 9 ` •C :1 358 27 a _ 'I" BTW/wc 't� Enclosures: Table 1 Figures 1 and 2 \\Server_0\file server\LSC\Protects\2005\050990\Report\R4-HighLind Property.wpd } Table 1 Estimated Trip Generation Highland Property Annexation Weld County,Colorado (LSC#050990; October,2005) After Internal Capture Trip Generation Rates('1 Vehicle-Trips Generated Internal Vehicle-Trips Generated Average AM Peak Hour PM Peak Hour Average AM Peak-Hour PM Peak-Hour Capture Average AM Peak-Hour PM Peak-Hour Description Quantity Weekday In Out In Out Weekday In Out In Out Rate Weekday In Out In Out Highland Property Single-Family Detatched Housing(210) 337 DU(2) 9.57 0.19 0.56 0.64 0.37 3,226 65 189 216 125 5% 3,065 62 180 205 119 Shopping Center(820) 200 KSF(3) 42.94 0.63 0.40 1.80 1.95 8,588 126 80 360 390 5% 8,159 120 76 342 371 Townhome/Condominium(230) 100 DU 5.86 0.07 0.37 0.35 0.17 586 8 37 35 17 5% 557 8 35 33 16 Total 12,400 199 306 611 532 11,780 189 291 580 505 Notes: (1) Source: "Trip Generation,"Institute of Transportation Engineers(ITE),7th Edition,2003,Formula (2) DU=Dwelling Units (3) KSF=Thousand Square Feet ) 'I- lie.;ash ,.: > 41 �, y Feu,+,a u8' .- '` t'"'''' e ' k ,.-s• ,•t4-1;1/24." � " t q ..;i1S ++"ka vs y/ /: . " k`,,� i" 't 4- p +�. ** s+e'ta,,e--5� s&` - i i A t k mac. r ! ^� 'fA�` Y "1,.' fir` Y` LA '%'. A e a++3.R;,?"3 ,} �`" il'm ,ry ate$ �w" c to ,`l'.n '� 1 mnmitc Scak.. '5 E, " tit, - -. { y`a D .T ... _._,,,.. " "r s, qh '. . p e t +rz p4� k to h, x�, t *+N''"$ k , ry a(r"Si �t.�.}{, {per 'tom " .'iz 1 ----- r r • 3 Yb � � ppS 1 � �- ✓mod �w4CS 41 RM1 J."1 � • `1 } � _v3 I: rij a a ,��.�� 'i ,h, l. t wtK.4i. ?�, _a sI p"'+ 3rd yi # _ ,#.xva , � 4 �.. ; 4t4--1,t-i r +.,,t gas= -.-"�a. � $£k '{ #v4. 4qt r� 1 __: --11\, bytt r„. to r, * c - � ---rv` “-, figure ? .. _ 11 C1171 e: a. Map Highland Property Annexation (LSC m050990? ) ) I ilf 4) IApproximateCy Approximate Sale 13 Seale:1- 2000' $^o 10% 10% � 1 d in b y, _N h 3 �3 3 c CC 1 . I HIGHLAND PROPERTY 5% I / 25% J 5% SH 66 M l 45 I$ 10% 5% 3o%% 1 I 10% $ I Figure 2 LEGEND: Directional Distribution of 10% _ Percent of Residential Directional Distribution Site-Generated Traffic 10% Percent of Retail Directional Distribution Highland Property Annexation (BC#050990) Development Compatibility Statements General Site Location and Description The Highlands site is located in the South Half of Section 21, the Southwest Quarter of Section 22, and the North Half of Section 28, Township 3 North, Range 69 West of the 6th Principal Meridian, County of Weld, State of Colorado. More specifically, the site is bound by the Great Western Railroad to the west, County Road 7 to the east, State Highway 66 to the south and the Eden's Reserve subdivision to the north. The 168 acre development consists of 7,000 to10,000 square foot lots in the northern portion, and a commercial and mixed use area in the southern portion adjacent to SH 66. The development compatibility of the proposed annexation is: 7.1 Street Master Plan The proposed development is located at the northwest corner of State Highway (SH) 66 and Weld County Road (WCR) 7 intersection. Access from WCR 7 to the proposed Highlands subdivision will be one-quarter of a mile north of the SH 66 and WCR 7 intersection. Access from SH 66 to the proposed subdivision will be from WCR 51/2 and from Stage Coach Drive. WCR 51/2 will be aligned with Weld County's plan for a parallel arterial to Interstate 25. All local street cross sections within The Highlands development will adhere to Town of Mead Construction Standards. 7.2 Subdivision Plan The proposed development is a cluster, mixed-use subdivision that will provide the following advantages: ■ Housing variety - Clustering and altering the configuration of lot sizes and land division allows for a variety of housing styles to meet different housing needs. Within the proposed single family detached residential area of the subdivision, lot sizes range between 7,000 square feet and 1 acre, while the overall residential density remains at 2.1 dwelling units per acre. Within the master plan's Village Mixed Use classification, patio homes and condominiums will be introduced, further broadening the community's housing product profile. • Land use variety - Clustering the subdivision also introduces the opportunity to diversify the community's land use mix and introduce common open space and environmental protection areas. For example, the master plan provides 34 acres of land for a mixture of neighborhood-oriented retail, service, and office uses as well as attached residential housing; 10 acres of land dedicated to above ground flood attenuation and water quality management, and another 30 acres, prior to commercial open space dedications, for the creation of common open space, land use buffers and landscaped areas. Without the use of a more innovative cluster style of subdivision design, the proposed variety of land uses, dedication of common open space, and use of more naturalistic detention design would be impossible. • Livable streets —Subdivision clustering also promotes the more interesting, meandering street pattern reflected on the master plan. A curvilinear subdivision street pattern promotes slower traffic, and thus creates a more pedestrian-oriented neighborhood. • View shed protection -The strategic alteration of lot sizes and layouts allows the subdivision to be laid out in relationship to the contour of the land and the goal of protecting mountain views. 7.3 Comprehensive Plan The proposed project is compatible with the Mead Comprehensive Plan in several ways and meets several of the Comprehensive Plan's Objectives: Land Use Objectives met: a)Diversify Mead's tax base through development of well-planned and designed commercial development along State Highway 66, Interstate 25, Welker Avenue east of WCR 7, downtown,future regional arterials, and other major collector streets and intersections where appropriate: The proposed project contains - 34 acres of potential commercial, mixed use development along Colorado Highway 66, with prime corners being at WCR 7 and at WCR 5 1/2. Commercial areas are variable in nature, with neighborhood and general classifications, as well as a proposed "Village Mixed-Use" category. b)Establish and maintain orderly transitions in use and density between existing and new developments, or in the layout of new developments, to avoid abrupt changes in character: The proposed project incorporates a buffer around most perimeter boundaries. Additionally, the largest lots are placed towards the outer edges, feathering in to the smaller lots located in the central part of the project. The larger lots are more compatible with existing developments to the north and northeast. The internal smaller lots provide a transition to the residential/commercial Village Mixed Use areas from the larger lots on the periphery. The Village Mixed Use areas will provide a transition from the more dense residential within those zones to the strictly commercial zones at the primary intersections on the southern part of the property. c) Provide parks, recreational areas, and open space to meet the needs and demands of the residential population. Provide parks and open space to meet the needs and demands of the business/day employment population, but not necessarily public recreational facilities for them: Proposed park and open space areas exceed the required minimums for residential areas. A large neighborhood park will be provided centrally within the site, and will contain active and passive recreational areas. Required open space areas within the commercial areas will be met or exceeded at the time of final design. Housing Objectives met: a)Encourage a diverse housing stock which provides for a balanced range of housing opportunities that encourage the preservation of the character of existing neighborhoods and the development of future neighborhood forms which develop as a result of market demands: The Highlands project proposes a wide variety of housing types, the north and west perimeter of the Highland property is comprised of 8,800 - 10,000 sq. ft. sized lots, while the east perimeter is an enclave of 10,000 sq. ft. lots that interact with the Highland Ditch. The interior portion of the site contains smaller lots that start at 7,000 sq. feet. Additionally, the applicant is proposing a "Village Mixed Use" category that will include — 100 residential units that will be of a unique housing product type, such as a patio homes, condominium, townhome or other type of single-family attached product. Overall, the total offering of the residential component will provide diversity in price point, lifestyle, age groups of buyers, and product. b)Enforce strong building codes to ensure quality housing construction: Chateau Development has built several communities along the northern Front Range. As a local company, they are committed to quality built homes and communities and take pride in the success of their existing communities. Economic Development Objectives met: a) Promote enhancement of the tax base through economic development efforts to attract commercial establishments along State Highway 66, Interstate 25, Welker Avenue east of WCR 7, downtown,future regional arterials, and other major collector streets and intersections where appropriate: The proposed project will provide the needed infrastructure and utility improvements to the Northwest corner of Colorado Highway 66 and WCR 7. Zoning for a variety of commercial areas will create flexibility in the timing and type of future users that build commercial establishments here. b) Define boundaries of commercial areas to prevent intrusion into adjacent residential and open space land uses,provide proper screening, and enact controls over such features as lighting and signage to preserve the aesthetic values of adjacent properties: A minimum 20' buffer (to be expanded to 30' or more where possible) will exist between commercial uses and residential lots where these areas are directly adjacent. Enhanced landscaping and screening efforts will occur throughout this buffer area. The commercial areas have definite boundaries. The intent of the Village Mixed Use category is different because it integrates residential homes with compatible, small scale commercial businesses in a planned environment. The overall plan is consistent with the following Land Uses, as listed in the Mead Comprehensive Plan: 1.) Medium Low Density Residential (1.1 - 2 du/ac) (15 lots on the eastern part of the Highland Property) 2.) Medium Density Residential (3-4 du/ac) (Lots on the north and west perimeter of the Highland property and around the neighborhood park) 3.) Medium High Density Residential (5-6 du/ac) (interior lots on the Highland property) 4.) High Density Residential (7-8 du/ac) and/or Very High Density Residential (9-14 du/ac) as anticipated in the Village Mixed Use zones. 5.) Neighborhood Commercial 6.) General Commercial The plan deviates from the approved Land Uses found within the Mead Comprehensive Plan by including an additional category for "Village Mixed Use". It is the intent of this category to allow for unique housing products, such as attached-single family, patio homes, townhomes or condominiums and/or Village/Neighborhood Commercial uses. Residential density within the Village Mixed Use category can go up to 10-12 du/ac to allow for flexibility in design and product mix. The proposed development is generally consistent with the Land Use plan for its particular planning area. The Land Use plan shows Residential on the northern half of the Highland property. The remainder of the Highland property is shown as General Commercial. The northern 2/3 of the Highland property is shown as residential, with the remainder being commercial zoning. Actual proposed density is higher than the Low Density category, but offers a wider variety in housing type and lifestyle and provides a better transition to the commercial zones. The proposed commercial zones include both General and Neighborhood commercial uses. All of the Neighborhood commercial uses are compatible with the General commercial uses. 7.4 Land Use Code The proposed plan is consistent with the Land Use Code, including Bufferyard standards, Park and Open Space, Environmentally Restricted Land, Bike and Pedestrian Ways. Unique street standards and building envelope requirements will be requested as part of the annexation to promote flexibility in site design. 7.5 Existing and Adjacent Land Use Existing and adjacent land uses consist of large lot residential subdivisions and agricultural land. Many of the agricultural properties however are slated for medium density residential subdivisions, including the Liberty Ranch Subdivision immediately south of the subject property. Centex Homes is proposing a subdivision of up to 450 dwelling units on this property and also intends to develop its SH 66 frontage commercially. The subject annexation proposal and conceptual land use plan for The Highlands is compatible with existing and planned development in the area by design. Specifically, large-lot single-family residences are proposed for the portion of the property adjacent to existing large-lot land uses, which will buffer existing residences from the medium density residential development, also proposed as part of the master plan. The conceptual master plan also proposes commercial land uses along the SH 66 frontage, which will support the surrounding residential development and be compatible with planned land uses in the area. PRELIMINARY DRAINAGE REPORT FOR THE HIGHLANDS MEAD, COLORADO Prepared for: CHATEAU CUSTOM BUILDERS, INC. 12050 Pecos Street, Suite 100 Westminster, CO 80234 Prepared by: TETRA TECH RMC 1900 South Sunset Street, Suite 1-F Longmont, Colorado 80501 Tetra Tech RMC Job No. 3520.013.99 Submitted: August 2, 2005 Revised: September 12, 2005 E3 TETRATECH RMC pTETRA TECH RMC September 12, 2005 Michael D. Friesen, Town Manager 441 Third Street P.O. Box 626 Mead, CO 80542 Re: Preliminary Drainage Report for The Highlands,Town of Mead Tetra Tech RMC Job No.: 80-3520.13.99 Dear Mr. Friesen: Tetra Tech RMC, on behalf of Chateau Custom Builders, Inc., is submitting this Preliminary Drainage Report for The Highlands for your review. The proposed site is located at the northwest corner of Weld County Road 7 and State Highway No. 66. Proposed development of the site will consist of single family residential housing with commercial development along the south side of the site. If you have any questions or comments concerning this report, please feel free to contact me at 303-772-5282. Sincerely, TET RMC, INC. Jo an, E.I.T. sign Engineer vi d by: in, .E. Pr ject Manager Attachment 1900 S.Sunse2 Street.SJite I-F.o-c—.r-.CC Tel - .i? Fax s ._._°E-' H:\3520_013 Highlands Property\Drainage Report\Xmittal LTR Highlands.doc ltTETRA TECH RMC ENGINEER'S CERTIFICATION I hereby certify that this report for the, "Preliminary Drainage Design for The Highlands" was prepared by me (or under my direct supervision) in accordance with the provisions of the "Town of Mead Storm Drainage Criteria and Construction Standards, January, 1998" for the owners thereof. , ,00.RFG/ T�1 I K �It"� �'�n .•• Regi �h� , ofessiofiak; ngineer State o .�v o&d i 4802 H:\3520 013 Highlands Property\Drainage Report\Xmittal LTR Highlands.doc TABLE OF CONTENTS Page 1.0 Introduction 1 2.0 Intent 1 3.0 Design Reference 1 4.0 Existing Drainage Characteristics 5.0 Developed Drainage Characteristics 2 6.0 Conclusion 2 Appendices Historic and Developed Runoff Flow Calculations A Detention Pond Design B Historic Drainage Plan Back Pocket Preliminary Drainage Plan Back Pocket - i - PRELIMINARY DRAINAGE REPORT THE HIGHLANDS MEAD, COLORADO 1.0 INTRODUCTION The Highlands site is located in the South Half of Section 21, the Southwest Quarter of Section 22, and the North Half of Section 28, Township 3 North, Range 69 West of the 6th Principal Meridian, County of Weld, State of Colorado. More specifically, the site is bound by the Great Western Railroad to the west, County Road 7 to the east, State Highway 66 to the south and the Eden's Reserve subdivision to the north. The 168 acre development consists of 7,000 to10,000 square foot lots in the northern portion, and a commercial and mixed use area in the southern portion adjacent to SH 66. The proposed development of the Highlands will consist of single family homes, general commercial, village mixed use, streets, utilities, an existing gas well, open space, detention ponds and landscaping. Access to the site will be provided from State Highway No. 66 as well as Weld County Road 7. 2.0 INTENT The intent of this report is to provide a preliminary storm drainage study for the proposed Highlands development. This report examines the historic drainage patterns for the Highland Property and provides a preliminary design for the developed runoff. The drainage design for developed flows generated from the proposed subdivision is intended to provide minimal impact to the historic local and regional drainage system patterns. 3.0 DESIGN REFERENCE The drainage design criteria were taken from the "Town of Mead Storm Drainage Criteria and Construction Standards, January, 1998." All flows were calculated using the Rational Method. The values for runoff coefficients, C, were taken from the"Urban Strom Drainage Criteria Manual Vol. 1, June, 2001 " for Type B NRCS hydrologic soils. Rainfall intensities, I, were taken from the"Town of Mead Storm Drainage Criteria and Construction Standards, January, 1998." for the anticipated future land use. The 2-year event was used for calculations involving the minor storm, and the 100-year event was used for calculations involving the major storm. Detention ponds were sized to detain the 100-year developed flow rates and treat onsite runoff for water quality purposes. Detention ponds were designed release at the 10-year historic release rate. 4.0 EXISTING DRAINAGE CHARACTERISTICS The Highland property presently consists of undeveloped agricultural farmland. Historically, the property forms two drainage basins, and the storm runoff sheet flows across the basins from the north to the south. Basin A is formed by the west part of the site, and the drainage for this basin - 1 - is collected in the southwest corner of the Highlands property where it is directed through a 48- inch RCP culvert under State Highway No. 66. Basin B is the easterly basin. Storm runoff for Basin B sheet flows to the south of the Highlands property and is collected near Stage Coach Drive where discharge is directed through a 24-inch RCP culvert to the south side of State Highway No. 66. Historically, runoff is ultimately directed to Liberty Gulch. A historic drainage plan for the proposed development is included with this report. 5.0 DEVELOPED DRAINAGE CHARACTERISTICS The proposed development was divided into four basins (A thru D). Developed flows for both the minor and major storm event are designed to drain by overland flow, through streets, inlets, and storm sewer to proposed detention ponds. Detained release will be treated for water quality and discharged at the 10-year historic release rate through the two existing culverts under State Highway No. 66 at the south end of the site and be ultimately received by Liberty Gulch. Drainage basins A thru D are labeled on the enclosed drainage plan. offsite basins O-Al and O-B1, will follow historic drainage patterns and sheet flow across the proposed development. These offsite flows will be captured by the proposed drainage system before being released to Liberty Gulch. Basins O-Al and O-B1 are labeled on the enclosed drainage plan. 6.0 CONCLUSION In conclusion, the proposed development of The Highlands will not adversely affect the existing drainage facilities or drainage patterns surrounding the site. Runoff from this site will be conveyed through overland flow, streets, inlets, storm sewer pipes, and detention ponds where flow will be released offsite. The drainage design of The Highlands complies with the"Town of Mead Storm Drainage Criteria and Construction Standards, January, 1998. " A copy of the historic and preliminary drainage plans, runoff calculations, and storm drainage calculations are included for your review. - 2 - APPENDIX A Historic and Developed Runoff Flow Calculations ) ) .) THE HIGHLANDS HISTORIC RUNOFF CALCULATIONS Runoff Coefficient.C 2 Year 10 Year 100 Year Agricultural 0.03 0.17 0.36 LD Res 0.19 0.33 0.47 ParWOpen 0.04 0.19 0.38 Basin Area(Acres) Composite C Flowlength.L Tc Rainfall Intensity(inlhrl O(cfs) (Historic) Total Agricultural ParklOpen LD Res 2 Year 10 Year 100 Year (ft) (min) 2 Year 10 Year 100 Year 2 Year 10 Year 100 Year A 49.41 49.41 0.00 0.00 0.03 0.17 0.36 3656 60 1.00 1.71 2.70 1.48 14.36 48.03 B 111.56 111.56 0.00 0.00 0.03 0.17 0.36 3816 60 1.00 1.71 2.70 3.35 32.43 108.44 O-Al 63.80 50.66 0.00 13.14 0.06 0.20 0.38 3143 60 1.00 1.71 2.70 4.02 22.14 65.92 O-B1 55.21 37.26 0.00 17.95 0.08 0.22 0.40 2115 60 1.00 1.71 2.70 4.53 20.96 59.00 Totals 279.98 13.37 89.90 281.37 H:\3520_013 Highlands Property\Drainage Reponldrainage Calcs.xls elTETRATECH RMC • Professional Engineers • Client: '- Hi ,`q�'kin .,!6( 4 S Job No.: Sheet ) of ^-^ Description: Hi s^41 IL. —11. Designed By: Date: Checked By: Date: I 4 i r I I Y 1. _t . �_. t I 11:f4414,„ E� I I i I I 7tfii v 't_id y I , I {- r I I t I 1 I a v I-(-' - III -- ; I , I t--, 1 yI tS " 1 1 — I I1Hi - T I i nI r I � I : I , i i I I ,7- (9 .32 / 1 .- !— r - _ ! _ ! ! ' i t ' , , --2---4&,) ' ' ! a ' r r t1= Gz Ili_ # - -`) rZa . 1Z5" S` �? uic,_ (�©, iti [iuiJ TETRA TECH RMC • Professional Engineers • Client: I T�4L-i 9110 A d S Job No.: Sheet of 2 Description: f i(.:. c_ 1'+1 _ Designed By: Date: Checked By: Date: ' ' i l i I— — • I I �_ ' ' -___ I H-- — --- s I •• , ■ I _ I ,4i1 .t .V a i , I I I - , I �_...-t _....-•4_- - i { -�-�_� I ; I f i- iI -- • Liif : II t lia'',. --, 1 ,.., . _.,..51___ il1 fe. , I _l. •- i I L.._i�_ — - t— i T4 f� ! I.4 i-_ I ,___.L.-'I- _-. 7---li , - --.- - 4-•i_---_._ f r } _i__. __1 _...,.-1--- i I -� 1 i I , I i , 1 l i I i I I , I I t { I I I —� I • _--i., __. .._. _.. _---4--.. __i--1..._..t_ -• •- ---�._-_.r---r- .-_I r•--I--- i 1 T ! I ' _T -._;- _ _, I I I _ . '_) I '•• , _I+ I I 1 I I y I I. I j --7---F--7-1"-+ I I { I i I I I I , I I I I 1 1 IT s — j, -f-r--1- 1- e I —t— i I I itillil- ! ; ; ! li ,, 1 --+----1-7---H---1—. 7— I I —H-!---- �--- --`--i-- I Y + j -- —1--, ! I..—fi r i .. _-1-_.: _i - i I • I 1 ! I ! ii '$ ; 1. :$I 1 I 1 I i I ' I !I I j : T i I 1 , s 3i -l"�. ._-i -...j.---..j_ `_L... _'.._.-1-----1---t—t----I--' r.._..t._... _ __-_l _..��-._..4---1.--`.._ .. _ -f-..�__l-- ...-- I i I I ; Y , i �! I i 1 -i i i I ' I I I i i _7_ .� I ..__. . _�......�.�.._y_. _.__.._.... .--r__.I .._4--1.-_-'f__1.. -_,..�_. E __ •_ �._._...•..,_...__-.�. _ _ -.._..-• • i I , i I , • { -._! -'_-_-i-....: .: .._J_' _...�._...•.. ..:...._.1,.._I -. ._ .ice_ •_-i.. _ _ '_ _. __..._.._i....._�...1.. .. - _'- '_ -- _' -" _ .: ...• • ; .... , i � , • .I I { � I r .. t ; : •.. . L_.-... .._•-.-...•. ... - -- ._._ ..4..._..4.._1_____I. --- -- - _. _ .. ..• ...._ .. _. 1 THE HIGHLANDS PRELIMINARY RUNOFF CALCULATIONS Runoff Coefficient, C Residential Commercial Single Family 1 Acre Lot General Village Mix Use Streets Parks/Open Space 2 Year 0.19 0.19 0.79 0.63 0.89 0.04 10 Year 0.33 0.33 0.83 0.69 0.92 0.19 100 Year 0.47 0.47 0.88 0.75 0.96 0.38 Basin Area(Acres) Composite C Flowlength, L Tc Rainfall Intensity(in/hrl Q(cfs) (Developed) Total Single Fam. 1 AC Lots Gen.Comm. Mix Use Comm. Streets Parks/Open 2 Year 10 Year 100 Year (ft) (min) 2 Year 10 Year 100 Year 2 Year 10 Year 100 Year A 62.70 27.51 0.00 9.75 0.00 13.84 11.60 0.41 0.51 0.63 3035 27 1.75 2.95 4.68 44.90 94.56 183.99 B 44.65 26.60 0.00 0.00 0.00 3.73 14.32 0.20 0.33 0.48 1290 17 2.17 3.69 5.77 19.30 54.90 124.82 C 12.23 4.80 0.00 0.00 0.00 2.03 5.40 0.24 0.37 0.51 1550 19 2.13 3.62 5.62 6.23 16.17 35.27 D 40.34 2.92 0.00 11.63 13.43 5.62 0.56 0.58 0.62 0.68 1705 19 2.10 3.51 5.50 48.77 88.30 150.15 Totals 159.92 119.20 253.93 494.23 H:\3520_013 Highlands Property\Drainage Report\drainage Calcs.xls DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF TABLE RO-3 Recommended Percentage Imperviousness Values Land Use or Percentage Surface Characteristics Imperviousness Business: Commercial areas 95 Neighborhood areas 85 Residential: Single-family Multi-unit(detached) 60 Multi-unit(attached) 75 Half-acre lot or larger * Apartments 80 Industrial: Light areas 80 Heavy areas 90 Parks, cemeteries 5 Playgrounds 10 Schools 50 Railroad yard areas 15 Undeveloped Areas: Historic flow analysis 2 Greenbelts, agricultural 2 Off-site flow analysis 45 (when land use not defined) Streets: Paved 100 Gravel (packed) 40 Drive and walks 90 Roofs 90 Lawns, sandy soil 0 Lawns, clayey soil 0 * See Figures RO-3 through RO-5 for percentage imperviousness. Based in part on the data collected by the District since 1969, an empirical relationship between C and the percentage imperviousness for various storm return periods was developed. Thus, values for C can be determined using the following equations (Urbonas, Guo and Tucker 1990). CA =KA + (I.31i' - 1.4412 + I.1351- 0.12)for CA ≥0, otherwise CA=0 (RO-6) CcD =Kco + (0.8581' —0.78612 + 0.774i+ 0.04) (RO-7) Ca = (CA + CcoV 2 in which: = % imperviousness/100 expressed as a decimal (see Table RO-3) 06/2001 RO-9 Urban Drainage and Flood Control District DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF TABLE RO-5 Runoff Coefficients, C Percentage Imperviousness Type C and D NRCS Hydrologic Soil Groups 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 0% 0.04 0.15 0.25 0.37 0.44 0.50 5% 0.08 0.18 0.28 0.39 0.46 0.52 10% 0.11 0.21 0.30 0.41 0.47 0.53 15% 0.14 0.24 0.32 0.43 0.49 0.54 20% 0.17 0.26 0.34 0.44 0.50 0.55 25% 0.20 0.28 0.36 0.46 0.51 0.56 30% 0.22 0.30 0.38 0.47 0.52 0.57 35% 0.25 0.33 0.40 0.48 0.53 0.57 40% 0.28 0.35 0.42 0.50 0.54 0.58 45% 0.31 0.37 0.44 0.51 0.55 0.59 50% 0.34 0.40 0.46 0.53 0.57 0.60 55% 0.37 0.43 0.48 0.55 0.58 0.62 60% 0.41 0.46 0.51 0.57 0.60 0.63 65% 0.45 0.49 0.54 0.59 0.62 0.65 70% 0.49 0.53 0.57 0.62 0.65 0.68 75% 0.54 0.58 0.62 0.66 0.68 0.71 80% 0.60 0.63 0.66 0.70 0.72 0.74 85% 0.66 0.68 0.71 0.75 0.77 0.79 90% 0.73 0.75 0.77 0.80 0.82 0.83 95% 0.80 0.82 0.84 0.87 0.88 0.89 100% 0.89 0.90 0.92 0.94 0.95 0.96 Type B NRCS Hydrologic Soils Group 0% 0.02 0.08 0.15 0.25 0.30 0.35 5% 0.04 0.10 0.19 0.28 0.33 0.38 10% 0.06 0.14 0.22 0.31 0.36 0.40 15% 0.08 0.17 0.25 0.33 0.38 0.42 20% 0.12 0.20 0.27 0.35 0.40 0.44 25% 0.15 0.22 0.30 0.37 0.41 0.46 30% 0.18 0.25 0.32 0.39 0.43 0.47 35% 0.20 0.27 0.34 0.41 0.44 0.48 40% 0.23 0.30 0.36 0.42 0.46 0.50 45% 0.26 0.32 0.38 0.44 0.48 0.51 50% 0.29 0.35 0.40 0.46 0.49 0.52 55% 0.33 0.38 0.43 0.48 0.51 0.54 60% 0.37 0.41 0.46 0.51 0.54 0.56 65% 0.41 0.45 0.49 0.54 0.57 0.59 70% 0.45 0.49 0.53 0.58 0.60 0.62 75% 0.51 0.54 0.58 0.62 0.64 0.66 80% 0.57 0.59 0.63 0.66 0.68 0.70 85% 0.63 0.66 0.69 0.72 0.73 0.75 90% 0.71 0.73 0.75 0.78 0.80 0.81 95% 0.79 0.81 0.83 0.85 0.87 0.88 100% 0.89 0.90 0.92 0.94 0.95 0.96 1 06/2001 RO-11 Urban Drainage and Flood Control District DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF 90 5.000 sq.ft.homesf ♦ 14,000 sq.ft homes 80 • 70 / 3,000 sq.ft homes t / • ♦ • • 60 / ♦ ♦ ♦ 3 s , o ♦ / ♦ E. ♦ ♦ 50 / ♦ 12,000 sq.ft homes I,, E 1e- r F / ♦ / 1,000 sq.ft.homes 30 ♦ ♦A a •it 20 .... .'• •••• 10 0 0 1 2 3 4 5 6 Single Family Dwelling Units per Acre FIGURE RO-3 Watershed Imperviousness, Single-Family Residential Ranch Style Houses 06/2001 RO-15 Urban Drainage and Flood Control District w ) 1 �u I; I tin. titqItlt ntt ' 1, ' nu it" iy' " II �,�., „ t I I I I ItIll ' IIII I I ' I ill ..I ► II .I 'II Wil. 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I'_II ) f Ii ' I ll Ill it •I ! i _ i!i�• ~ ►� iI �� if � ., i1 { �il .I � II l • I II ' i111 ' I I I I II : It L_• a. i t•Io: { Cl }i 1 !III .� !To I� i fl pl {' i 1 I I t I I � i � � tI � 1 � 1 _:. _tJH �Uti ! 1111f... �I11 I I I I' i III I IIII I him I I I I - � I I III I I TOWN OF MEAD TIME - INTENSITY - FREQUENCY it THE CURVES ..:1117 SEAR-BROWN GROUP APPENDIX B Detention Pond Design TETRA TECH RMC • Professional Engineers • Client: P - fli• • iet A d ¶ Job No•: Sheet i___ of Description: e Ie 1 1 P- i€f Designed By: Date: ?� ( z l il O V Checked By: Date: i Mill , - i I I i__ " ■ ■ I t..4.____ I co i 1 ? • ---t.- 1 " -jii ji i I6 � ■ " ■ I '— --. I 1 1 f_ : , l I --1-4--- --,--_-.,• _; ---I— ' ' j I l 1 j `-4 - -H • I - � i ii I i I • I I ' ll_ , ■ I I E -I— I , i j i ' ' ' • : t i_ ! ; r , I t-4,----1------l----r.--T-1----!------I' '-� .�_._ _j_ __ 4+i i _. I.._1.--t- - -•j_• s__I__.I_ ; i _ i E _._ .._�_L_L_ r '-f—i--i F-- _... -� I� - -j I l I-� }--• i } -7 - • _--•1•- . I I i- ; I - -1-- ' - 1 I ,--j- I I ` ---,--..-t---i i — f—_f—_ i ,—_f _ , T_'- i"__1--.. �` 1 ,f--._-I—.i I `i.�."'1.�_ 1._----_..:,.--j-_, -t- - I j —i---f---i-7--_._r_-...1--— --f--!r- — --, —, ! I —t • .•.:._-- 1--L-'--_ _i_..----i--_t-_.1-_.._! i r ! i i , i 1 1 I , 1 I 1 I I I I i I i . •, I I I I —: 1 + i i • t ; ! I , _.4- I i -.a-.-__._ rt. .-._..-}._._.:•—I- -i---.�.._.-+.- f ` -_�_._ -..- ' - i 4 ! . r ; I r I •. t I I i s s _..., --'----'— - I'--�-- J_ T 1 _..-;. -._.. _. . i I 1 ! I I I— I I I I —I y .r_ � _J I. - • 1 � • I ! 1 • Pond A Pond Volume Determination Basin(s)= A Release Rate= 19.84 cfs Composite C= 0.64 Total Area= 68.43 acres 100 Year Required Volume Tc Tc Intensity Inflow Outflow Difference (min) (sec) (in/hr) (ft^3) (ft^3) (ft^3) 10 600 7.3 191209 11907 179302 15 900 6.2 241630 17860 223770 20 1200 5.4 280788 23814 256975 25 1500 4.8 312351 29767 282584 30 1800 4.3 335532 35720 299811 35 2100 3.9 357534 41674 315860 40 2400 3.6 379274 47627 331647 45 2700 3.4 396037 53581 342457 50 3000 3.1 408610 59534 349076 55 3300 2.9 414896 65488 349409 60 3600 2.7 424326 71441 352885 Required Pond Volume = 352885 ft^3 OR 8.10 Acre ft Water Quality Capture Volume = 73442 ft^3 OR 1.69 Acre ft Total Volume = 389606 ft^3 OR 8.94 Acre ft H:\3520_013 Highlands Property\Drainage Report\Ponding.xls Pond B Pond Volume Determination Basin(s)= B Release Rate= 13.42 cfs Composite C= 0.52 Total Area= 46.29 acres 100 Year Required Volume Tc Tc Intensity Inflow Outflow Difference (min) (sec) (in/hr) (ft^3) (ft^3) (ft^3) 10 600 7.3 105430 8054 97376 15 900 6.2 133232 12082 121150 20 1200 5.4 154823 16109 138714 25 1500 4.8 172227 20136 152090 30 1800 4.3 185008 24163 160845 35 2100 3.9 197140 28191 168949 40 2400 3.6 209127 32218 176909 45 2700 3.4 218370 36245 182125 50 3000 3.1 225303 40272 185030 55 3300 2.9 228769 44300 184469 60 3600 2.7 233968 48327 185641 Required Pond Volume = 185641 ft^3 OR 4.26 Acre ft Water Quality Capture Volume = 35327 ft^3 OR 0.81 Acre ft Total Volume = 203305 ft^3 OR 4.67 Acre ft H:\3520_013 Highlands Property\Drainage Report\Ponding.xls Pond C Pond Volume Determination Basin(s)= C Release Rate 3.55 cfs Composite C= 0.51 Total Area 12.23 acres 100 Year Required Volume Tc Tc Intensity Inflow Outflow Difference (min) (sec) (in/hr) (ft^3) (ft^3) (ft^3) 10 600 7.3 27319 2128 25191 15 900 6.2 34523 3192 31331 20 1200 5.4 40118 4256 35862 25 1500 4.8 44628 5320 39308 30 1800 4.3 47940 6384 41556 35 2100 3.9 51083 7448 43635 40 2400 3.6 54190 8512 45678 45 2700 3.4 56585 9576 47009 50 3000 3.1 58381 10640 47741 55 3300 2.9 59279 11704 47575 60 3600 2.7 60627 12768 47858 Required Pond Volume = 47858 ft^3 OR 1.10 Acre ft Water Quality Capture Volume = 7928 ftA3 OR 0.18 Acre ft Total Volume = 51822 ft^3 OR 1.19 Acre ft H:\3520_013 Highlands Property\Drainage Report\Ponding.xls Pond D Pond Volume Determination Basin(s)= D Release Rate= 11.80 cfs Composite C= 0.50 Total Area= 40.68 acres 100 Year Required Volume Tc Tc Intensity Inflow Outflow Difference (min) (sec) (in/hr) (ft^3) (ft^3) (ft^3) 10 600 7.3 88473 7078 81394 15 900 6.2 111803 10617 101185 20 1200 5.4 129922 14157 115765 25 1500 4.8 144526 17696 126830 30 1800 4.3 155251 21235 134016 35 2100 3.9 165432 24774 140658 40 2400 3.6 175491 28313 147178 45 2700 3.4 183248 31852 151395 50 3000 3.1 189065 35392 153673 55 3300 2.9 191974 38931 153043 60 3600 2.7 196337 42470 153867 Required Pond Volume = 153867 ft^3 OR 3.53 Acre ft Water Quality Capture Volume = 47175 ftA3 OR 1.08 Acre ft Total Volume = 177455 ft^3 OR 4.07 Acre ft H:\3520_013 Highlands Property\Drainage Report\Ponding.xls !' Pond E Pond Volume Determination Basin(s)= E Release Rate= 11.57 cfs Composite C= 0.72 Total Area= 39.89 acres 100 Year Required Volume Tc Tc Intensity Inflow Outflow Difference (min) (sec) (in/hr) (ft^3) (ft^3) (ft^3) 10 600 7.3 126465 6941 119524 15 900 6.2 159813 10411 149402 20 1200 5.4 185712 13882 171831 25 1500 4.8 206588 17352 189235 30 1800 4.3 221919 20823 201097 35 2100 3.9 236471 24293 212178 40 2400 3.6 250850 27763 223087 45 2700 3.4 261937 31234 230704 50 3000 3.1 270253 34704 235549 55 3300 2.9 274411 38175 236236 60 3600 2.7 280647 41645 239002 Required Pond Volume = 239002 ftA3 OR 5.49 Acre ft Water Quality Capture Volume = 36373 ft^3 OR 0.84 Acre ft Total Volume = 257188 ft^3 OR 5.90 Acre ft H:\3520_013 Highlands Property\Drainage Report\Ponding.xls © TETRA TECH RMC • Professional Engineers • }`.,�r �,., Client: T.e `1 ' rA 1 tc i c Job No.: Sheet of Description: ,\/Q LIV' Designed By: Date: Checked By: Date: a ��rV10 � 1I��7f/ _ I'----I 14 I I I i —tips I ' it lil 0 g 6 I , ; 1 r,,T__Ik_l_ - , 1-- , I I , i i r i p._ 1 , I 191 E i I a— —�u 3Yi 04, 0 $ 1 ___ I _i : T 4 +rt I- I �_ I-' : r-- ,' .�--I--}- -I--I-- -.H.1 i — — j-- 3 i—�- .—'- - ! _._I -L } _ a - r ` r- . '¶ 1L1 . �- r I i , ,IIf l.. A C{lrT� y q.;^,- � c r i• , I , 4 A 1 • .._. I _ . 4 STORMWATER QUALITY MANAGEMENT DRAINAGE CRITERIA MANUAL(V. 3) 0.50 0.45 40-hour Drain Tim 0.40 24-hour Drain Tim- 0.30 L c 0.30 WQCV-a'(0.9fi''-1.19i2+0.781) a) drain time a=0.7 c 0.25 12-hr drain time a =0.8 24-hr drain time a =0.9 40-hr drain time a =1.0 0.20 a r• 0.15 12-hour Drain Time F-- 0.10 6-hour Drain Time 0.05 0.00 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 Total Imperviousness Ratio(i= FIGURE SQ-2 Water Quality Capture Volume (WQCV), 80th Percentile Runoff Event SQ-24 9-1-99 Urban Drainage and Flood Control District Town of Mead ' P.O.B 626 441 Third Street Mead"A Link Town Mead,Colorado 80542-0626 with.Big Future" (970)535-4477 November 4, 2005 CERTIFIED MAIL# 7005 0390 0000 4534 6600 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Required Annexation Impact Report- The Highlands Annexation to the Town of Mead. Gentlemen: In accordance with the requirements of C.R.S. § 31-12-108.5, enclosed is a copy of the Annexation Impact Report prepared for the proposed The Highlands Annexation to the Town of Mead. You have received prior notice of the public hearings before the Planning Commission and the Board of Trustees for this proposal. In the event that you have any questions regarding this Annexation Impact Report, or the proposed annexation, you may contact Richard E. Samson, the Town's Attorney, at (303) 776-1169. Very truly yours, - Candace Bridgwater Town Clerk Annexation Impact Report The Highlands Annexation November 3, 2005 Prepared for: Town of Mead P.O. Box 626 Mead, CO 80542 Table of Contents Page I. Project Description 1 II. Municipal Services 1 III. Special Districts 1 IV. School District Impact 1 V. Exhibits 2 A. Existing Conditions Map and Proposed Land Use Map i Forward: This "annexation impact report" has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statutes, 1986 Repl.Vol. Contained in Appendix "A" is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of approximately 169 acres and is located north of State Highway 66, west of Weld County Road 7. The annexation is contiguous to the Town along portions of its eastern and southern borders and satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by Larry and Geraldine Highland, 2571 Highway 66, Longmont, CO 80504. The site will be developed with 281 residential units on approximately 61 acres, with approximately 35 acres of commercial and "Village mixed use."The residential and commercial"mix" may be adjusted somewhat, depending upon the final alignment of the projected WCR 5 %. The land is currently zoned A (Agricultural) by Weld County. In conjunction with the proposed annexation, the zoning will change to residential and Village mixed uses in conformance with the Town's Land Use Code. Adjacent land uses include agriculture, and rural residences on large lots and the Liberty Ranch residential and commercial subdivision immediately of the south. II. Municipal Services: Municipal services for The Highlands Annexation will be provided in the following manner: Electricity Electric services are to be provided by the present supplier, United Power Inc., the electric franchisee for the Town of Mead. Telephone U.S. West Communications Water Longs Peak Water District Sanitary Sewer St. Vrain Sanitation District Fire The site is currently served by the Mountain View Fire Protection District. Police Weld County Sheriff, under contract with the Town of Mead. Street Maint. Maintenance of roadways within the annexation will be provided by the Town after construction to Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed will be addressed in an annexation agreement between the applicant and the Town of Mead. The annexation agreement is currently under negotiation and is not available at this time. III. Special Districts: The area to be annexed is included or will be included within the following special districts: St.Vrain Sanitation District St.Vrain Valley School District Mountain View Fire Protection District Northern Colorado Water Conservancy District St.Vrain -Left Hand Water Conservancy District Longmont Soil Conservation District Weld County Library District IV. School District Impact: It is anticipated that the annexation will bring a benefit to the St.Vrain School District RE1J due to the increase in valuation, and will contribute approximately 215 K-12 students to the school system. V. Exhibits: A. Existing Conditions Map and Proposed Land Use Map ir 41\ ...pus. IMPACT REPORT MAP CF THE HHGHLANDS ANNEXATION NO. 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