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HomeMy WebLinkAbout20031675.tiff ead Town of Mead P.O.Box 628 441 Third Street Mad-A cove Town Mead,Colorado 80542-0626 With a Big Fore (970)5354477 • June'13c11003 CERTIFIED MAIL # 7000 0600 0028 3529 7139 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Annexation of a Portion of Section 35, Township for North, Range 68 West, and Portions of the Eastern One- half of Section 2 and the West One-half of Section 1, Township 4 North, Range 68 West, to be Known as the Ray and Alma School Annexation to the Town of Mead, the Maass Annexation No. 1 to the Town of Mead and the Maass Annexation No. 2 to the Town of Mead. Gentlemen: Enclosed is a copy of the application, annexation maps and other supporting material for the proposed annexation of the Ray and Alma School Annexation to the Town of Mead, the Maass Annexation No. 1 to the Town of Mead and the Maass Annexation No. 2 to the Town of Mead. This property is located in Weld County on approximately 663 acres at the Northeast corner of WCR 38 and I-25 and on approximately 253 acres between WCR 36 and WCR 38, 1/2 mile east of I-25. The property is to be annexed as a series of three annexations and is within the Mead Urban Growth Boundary as established by the Intergovernmental Agreement with Weld County. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies regarding the proposed annexation and the comments and recommenda- tions of the service providers regarding their ability to provide the necessary services to the property. 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 July11. 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, • f .GCS Candace Bridgwater Town Clerk 6/13/03(4:53 pm) ��� 2? _0 "a' 2003-1675 May, MAASS ANNEXATION TO THE TOWN OF MEAD a } 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: 40 A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number: Lumbermen's Investment Corporation 5495 Beltline Road, Suite 225 Dallas,TX 75240 (972)702-8699 2. Legal description of the property proposed for the land use change: A portion of the East 1/2 of Section 2 and West 1/2 of Section 1, Northeast one- quarter Section 11,Township 3 North, Range 68 West, 6th P.M. (see legal description in Exhibits A and B). 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. Existing land use: Agricultural 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. Medium Density Residential at 5 DU/Acre 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. See Concept Plan and Annexation Plan 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [attach maps and sketches as necessary] See Concept Plan and Annexation Plan 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. N/A 8. Provide an elevation drawing of the proposed structure(s)showing height and describing the exterior materials. [attach drawings as necessary] N/A 1 9. The fiscal impact analysis, Form D-4. See Form D-4 included in this submittal. 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] See Letter of Intent and Statement of Community Need for this Annexation. 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.) Owtner:` —eo 9—s ,,, F E 'LL ,s Date: Owner:Sr){ten 4,4916 Date: Applicant: ( Date: (attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF ) !A ,,T,he foregoing instrument was acknowle ged before me this col- day of Nvuy , 2063 by I We4;.t 4F Maass + j�Uson M ( My commission expires: tl00 /6, ,.Zao3 (��, Witness My hand and official seal. j)4lti ai " ` Notary Public (� APPLICANT NOT TO WRITE BELOW THIS LINE B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 4. Other Referrals: C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes[] 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 [ ] 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 [] 2 9. The fiscal impact analysis, Form D-4. See Form D4 included in this submittal. 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] See Letter of Intent and Statement of Community Need for this Annexation. 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: Owner: / Date: Applicant: v fJP Date: 572-73 ( ch additional signatures as necessary) STATE OF TEXAS ) SS. BARBARA O. LOSEY COUNTY OFbct..[[ ) /�. Notary Subic The lot instru gfp nt was acknowledged before me this n �d '3 State of M by K•My 4117aSt-K0 Wi cess yhndando:Witness My hand and official seal. Notary Public APPLICANT NOT TO WRITE BELOW THIS LINE B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 4. Other Referrals: C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes [] 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 [ ] 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[ 2 5. The application is: ]approved t ]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 [ I No[ ] 4. 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 oU 3 Maass Annexation Exhibit A LEGAL DESCRIPTION ANNEXATION NO. 1 A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE- QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2,THENCE 500°10'34"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°10'34"W A DISTANCE OF 50.01 FEET; THENCE S89°11'35"W A DISTANCE OF 1636.47 FEET; THENCE 500°03'45"E A DISTANCE OF 1450.65 FEET; THENCE S89°56'15"W A DISTANCE OF 50.00 FEET; THENCE N00°03'45"W A DISTANCE OF 1500.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE N89°11'35"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 1686.69 FEET TO THE POINT OF BEGINNING. CONTAINING 156,845 SF. OR 3.600 AC. 1 Maass Annexation Exhibit B ANNEXATION NO. 2 A PORTION OF THE WEST ONE-HALF OF SECTION 1, THE EAST ONE-HALF OF SECTION 2 AND THE NORTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2,THENCE S 00°10'34" W ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 2 A DISTANCE OF 80.01 FEET TO THE POINT OF BEGINNING; THENCE S 00°10'34" W ALONG SAID EAST LINE A DISTANCE OF 1618.89 FEET TO THE CENTERLINE OF THE CLENNON LATERAL DITCH; THENCE ALONG SAID CLENNON LATERAL DITCH THE FOLLOWING FIVE (5) COURSES: 1. S 43°41'50" E A DISTANCE OF 51.43 FEET; 2. S 45°07'52" E A DISTANCE OF 778.23 FEET; 3. S 38°32'42" E A DISTANCE OF 327.46 FEET; 4. S 44°43'49" E A DISTANCE OF 71.09 FEET; 5. S 20°03'27" E A DISTANCE OF 27.27 FEET TO THE NORTHWESTERLY LINE OF THE GREAT WESTERN RAILROAD; THENCE S 29°20'38" W ALONG SAID NORTHWESTERLY LINE AND ALONG THE EXTENSION OF THE SOUTHEASTERLY LINE OF LOT B, EXEMPTION NO. 1207-2-4-RE 871 A DISTANCE OF 3229.20 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 36; THENCE S 89°55'36" W ALONG SAID SOUTHERLY LINE A DISTANCE OF 1703.29 FEET; THENCE ALONG THE WESTERLY LINES OF SAID LOT B THE FOLLOWING FIVE (5) COURSES: 1. N 00°04'05" W A DISTANCE OF 976.96 FEET; 2. S 89°55'36" W A DISTANCE OF 230.00 FEET TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2; 3. N 00°04'05" W ALONG SAID WEST LINE A DISTANCE OF 1694.62 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 2; 4. N 89°34'32" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2 A DISTANCE OF 990.00 FEET; 5. N 00°03'45" W A DISTANCE OF 1202.02 FEET; THENCE N 89°56'15" E A DISTANCE OF 50.00 FEET; THENCE N 00°03'45" W A DISTANCE OF 1450.65 FEET; THENCE N 89°11'35" E A DISTANCE OF 1636.47 FEET TO THE POINT OF BEGINNING. CONTAINING 11,896,033 SF. OR 273.095 AC. r ; May 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:40 Applicant's name, address and telephone number: Lumbermen's Investment Corporation 5495 Beltline Road, Suite 225 Dallas,TX 75240 (972) 7024699 Name of the Project: Maass Annexation REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units [$231,500,0001(1) x factor( 9.74 % 1(2) =Assessed Valuation [$22,548,1001 Market value all multi-family units [ )to x facto r[9.74% 1(2) =Assessed Valuation ( 1 Market value all mobile home units [ 1(1) x factor 19.74% 1(21 =Assessed Valuation [ 1 Market value all non-residential structures( 1(1) x factor( 29% 1(2) = Assessed Valuation [ 1 Total Assessed Valuation I$22,548,1001 Total Assessed Valuation [$22,548,1001 x Town mill levy[ 12.364 mills 1 tai= Town Property Tax Revenue f $278,785 1 Total Assessed Valuation [$22,548,1001 x School mill levy[ 41.025 mills 1t't= School Property Tax Revenue [ $925,036 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. ni Contact the Town Clerk for current factors. Total Assessed Valuation [ $22,548,1001 x Fire District mill levy[ 8.197 mills ] = Fire District Property Tax Revenue I $184,827 I Total Assessed Valuation [$22,548,100 1 x County mill levy( 20.056 mills 1(3) =County Property Tax Revenue [ $452,225 ] Total Assessed Valuation [$22,548,100 1 x all other mill levies [ 4.494 mills 1(61 = Other Property Tax Revenue f $101,331 1 Total Property Tax Revenue ($1,942,204 1 2. Sales Tax. Population in the development[ 2917 1 x the last year's per capita collection I $48.46 1(3) =total annual sales tax revenue ( $141,358 1 3. Water Revenue. Population in the development[ 1 x the last year's per capita collection J $144.34 ](3) =total annual sales tax revenue [ N/A 1 4. Sewer Revenue. Population in the development J 2917 ] x the last year's per capita collection J $75.21 1(3) =total annual sales tax revenue [ $219,388 1 5. Other Revenue(taxes,fees, permits, etc.). Population in the development( 2917 1 x the last year's per capita collection ( $65.80 113) =total annual sales tax revenue ( $191,939 1 TOTAL RECURRING REVENUE [$2,494,889 1 B. One-Time Revenues. 1. Building Permits. Market value of structure(s) ($231,500,0001(')x factor[ .0099 375 1(3) + $30.00 x BP = building permit revenue [$2,328,311 ] 2. Use Taxes. Market value of structure(s) [$231,500,0001 (1) x 50% x 2% = use tax revenue [$2,315,000 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. (3)Contact the Town Clerk for current factors. 3. Water Plant Investment. Total taps x factor[ ](3) =total PIF [ N/A 1 4. Sewer Plant Investment. Total taps x factor[ $5,500.00 1(3) =total PIF [$5,093,0001 TOTAL ONE TIME REVENUE [$9,736,311 1 II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development[ 2917 1 x 4% x factor [ $2,287.001(3) =total street maintenance costs [ $25,313 1 2. Police Protection. Projected population at full development [ 2917 1 x per capita cost of police protection [ $23.87 1(3) =total police protection costs [ $69,629 1 3. General Government. Projected population at full development[ 2917 1 x per capita cost of general government[ $87.18 1(3) =total general government costs [ $254,304 1 4. Parks and Recreation. Projected population at full development[ 2917 x per capita cost of park maintenance [$10.00 1(3) =total park maintenance costs [ $29,170 1 Projected population at full development[ 2917 1 x per capita cost of recreation program] $50.00 ](3) =total recreation program costs [ $145,850 1 5. Water Treatment and Delivery. Projected population at full development [ x per capita cost of water treatment and delivery [ $221.42 1(3) =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. (3)Contact the Town Clerk for current factors. 6. Sewer Collection and Treatment. Projected population at full development[ 2917 ] x per capita cost of sewer collection and treatment[ $100.20 ]tat=total sewer costs f $292,283 1 7. Storm Water and Drainage. Projected population at full development( x per capita cost of storm water and drainage maintenance j ](3)=total storm water costs [ N/A 1 TOTAL RECURRING COSTS j $816,549 1 B. One-Time Costs. 1. Park and Recreation. Projected population at full development j 2917 1 x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities J $65.00 ]tat =total recreation facilities costs [ $948,025 1 2. Water Plant. Projected population at full development F 1 x gallons per capita j 220 ]tat x cost per gallon of capacity[ $5.50 ]tat = total cost of water plant j NA 1 3. Sewer Plant. Projected population at full development[ 2917 ] x gallons per capita J 120 qal. 1`31x cost per gallon of capacity j $3.50 ](31 =total cost of sewer plant [$1,225,140] TOTAL ONE-TIME COSTS [$2,173,165] TOTAL RECURRING REVENUES [$2,494,8891 TOTAL RECURRING EXPENDITURES • [ $816,5491 DIFFERENCE [$1,678,340] TOTAL ONE-TIME REVENUES [$9,736,3111 TOTAL ONE-TIME EXPENDITURES [$2,173,165] DIFFERENCE j$7,563,146] (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. (3)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.) ner: q9 Date: Owner ( 'l Date: Applicant: / Date: (attach additional signatures as necessary) STATE OF COLORADO ,n�' SS. p COUNTY OF tUMM_. tA T foregoing instrument was acknowledged before me this � / day of / Y !et ,20 Q3. by ilia N NWQiS, M Amax . My commission expires: IL6k/ 14, c2.O33 Witness My hand and official seal.- r" '"" — Notary Public V oek III. 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: / Applicant: d� P Date: --C7 i(3 (atta additional signatures as necessary) STATE OF TEXAS ) SS. COUNTY OF « )The f in instr nt s ackn wledged before me this Ztp day of , 20 Qa- by U My commission expires: Witness My hand and official seal. Notary Public • 4Pa` BARBARA D. LOBBY NotarPubic CIOState of Twat a CO mm.EspUet 02.23.2006 Nic;;71 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_day of , A.D. 20_, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Lumbermen's Investment Corporation, 5495 Beltline Road, Suite 225, Dallas,TX, 75240, hereinafter referred to as"the Owner," WITNESSETH: WHEREAS, the Owner owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows,to-wit: A portion of the East 1/2 of Section 2 and West 1/2 of Section 1, Northeast one- quarter Section 11,Township 3 North, Range 68 West, 6th P.M. (see legal description in Exhibits A and B). WHEREAS, the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS, the Owner desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of Annexation; and WHEREAS, the Parties hereto recognize that the land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, engineering services, attorney fees,consultant fees, reproduction of material, public hearing expenses and recording documents; and WHEREAS, the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the project, including but not limited to engineering services, attorney fees, consultant fees, reproduction of material, securing permits and easements; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred will be made available to the Owner by the Town. Expenses charged to the Owner's account shall include, but shall not be limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. 2. EXPENDITURE OF FEES PAID BY THE OWNER. The Town shall expend the monies collected from the Owner in the form of land use fees, in the payment of expenses incurred in processing the Owner's request, through the development process until final completion of the project, including, but not limited to, fees charged to the Town for legal publications, s,\ engineering services, attorney services, consultant services, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. O-5FORM.WP5 October26,1995 1 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request, through the development process until final completion of the project,greater than the monies collected from the Owner in the form of land use fees,the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10)days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application,withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due,the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees,other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment,the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s)of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner: — y� `— Owner J fly`1Y " _ Applicant:/ 7 f/ (attach additional signatures as necessary) ATTEST: TOWN OF MEAD By Town Clerk Mayor STATE OF COLORADO ) SS. COUNTY OF LaiIK[A) ik The f egoing insstrpment w acknowledged before me this a /V day of 200 3 by / (I t_,.,p//Yf04SS 1 as?' Nl tf/OdsS S My commission expires: f1 U 15, act3 Witness My hand and official seal. c j O.,or Di Notary Public D-5FORM.WP5 Od0ber26.1995 2 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request, through the development process until final completion of the project, greater than the monies collected from the Owner in the form of land use fees, the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10)days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s)of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner: Owner: Applicant: C�� �(a ch additional signatures as necessary) ATTEST: TOWN OF MEAD By Town Clerk Mayor STATE OF TEXAS SS. COUNTY OF Deliad ) The fore•oi ' 'n.tru w�ackno ledged before me this 0ZPld day of 2003 by �' i'(t, • My commission expires: Witness My hand and official seal. g&-if 6a/+a „on., BARBARA D. LOBBY Notary Pu lic f/ Notary Public ;UT statemraos %woo' Comm.ESN 02.234006 'K D-5FORM.WP5 October 26.1995 2 Maass Annexation Exhibit A LEGAL DESCRIPTION ANNEXATION NO. 1 A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE- QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE ,:. S00°10'34"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°10'34"W A DISTANCE OF 50.01 FEET; THENCE S89°11'35"W A DISTANCE OF 1636.47 FEET; THENCE S00°03'45"E A DISTANCE OF 1450.65 FEET; THENCE 589°56'15"W A DISTANCE OF 50.00 FEET; THENCE N00°03'45"W A DISTANCE OF 1500.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE N89°11'35"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 1686.69 FEET TO THE POINT OF BEGINNING. CONTAINING 156,845 SF. OR 3.600 AC. zM1 Maass Annexation Exhibit B ANNEXATION NO. 2 A PORTION OF THE WEST ONE-HALF OF SECTION 1, THE EAST ONE-HALF OF SECTION 2 AND THE NORTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2,THENCE S 00°10'34" W ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 2 A DISTANCE OF 80.01 FEET TO THE POINT OF BEGINNING; THENCE S 00°10'34" W ALONG SAID EAST LINE A DISTANCE OF 1618.89 FEET TO THE CENTERLINE OF THE CLENNON LATERAL DITCH; THENCE ALONG SAID CLENNON LATERAL DITCH THE FOLLOWING FIVE (5) COURSES: 1. S 43°41'50" E A DISTANCE OF 51.43 FEET; 2. S 45°07'52" E A DISTANCE OF 778.23 FEET; 3. S 38°32'42" E A DISTANCE OF 327.46 FEET; 4. S 44°43'49" E A DISTANCE OF 71.09 FEET; 5. S 20°03'27" E A DISTANCE OF 27.27 FEET TO THE NORTHWESTERLY LINE OF THE GREAT WESTERN RAILROAD; THENCE S 29°20'38" W ALONG SAID NORTHWESTERLY LINE AND ALONG THE EXTENSION OF THE SOUTHEASTERLY LINE OF LOT B, EXEMPTION NO. 1207-2-4-RE 871 A DISTANCE OF 3229.20 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 36; THENCE S 8995'36" W ALONG SAID SOUTHERLY LINE A DISTANCE OF 1703.29 FEET; m. THENCE ALONG THE WESTERLY LINES OF SAID LOT B THE FOLLOWING FIVE (5) COURSES: 1. N 00°04'05" W A DISTANCE OF 976.96 FEET; 2. S 89°55'36" W A DISTANCE OF 230.00 FEET TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2; 3. N 00°04'05" W ALONG SAID WEST LINE A DISTANCE OF 1694.62 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 2; 4. N 89°34'32" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2 A DISTANCE OF 990.00 FEET; 5. N 00°03'45" W A DISTANCE OF 1202.02 FEET; THENCE N 89°56'15" E A DISTANCE OF 50.00 FEET; THENCE N 00°03'45" W A DISTANCE OF 1450.65 FEET; THENCE N 89°11'35" E A DISTANCE OF 1636.47 FEET TO THE POINT OF BEGINNING. CONTAINING 11,896,033 SF. OR 273.095 AC. TOWN OF MEAD LAND USE CODE Form D-6 AGREEMENT FOR PAYMENT OF ANNEXATION ELECTION EXPENSES THIS AGREEMENT, made and entered into this_day of , A.D. 20_, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as"the Town,"and Lumbermen's Investment Corporation, 5495 Beltline Road,Suite 225, Dallas,TX, 75240, 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 portion of the East 1/2 of Section 2 and West 1/:of Section 1, Northeast one- quarter Section 11,Township 3 North, Range 68 West,6s' P.M. (see legal description in Exhibits A and B). 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. D.SFORM.WP5 October 26.1995 In the event that the Town incurs expenses for the conduct of the required annexation election that is less than those collected from the Applicant in the form of annexation election fees, the Town shall return to the Applicant those monies not spent. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Applicant may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the applicant, e.g., notify newspapers to cancel publications, etc. The Applicant will continue to be liable for all costs reasonably incurred by the Town prior to, and after, submitting a notice of termination. 5. COLLECTION OF FEES AND COSTS. If the Applicant fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Applicant have caused this Agreement to be duly executed on the day and year first above written. THE APPLICANT _ THE TOWN OF MEAD By .6611--451- By Its £(le Its And ATTEST: By By Its Its D-5FORM.WP5 October 26,1995 Maass Annexation Exhibit A LEGAL DESCRIPTION ANNEXATION NO. 1 A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE- QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S00°10'34"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°10'34"W A DISTANCE OF 50.01 FEET; THENCE S89°11'35"W A DISTANCE OF 1636.47 FEET; THENCE S00°03'45"E A DISTANCE OF 1450.65 FEET; THENCE S89°56'15"W A DISTANCE OF 50.00 FEET; THENCE N00°03'45"W A DISTANCE OF 1500.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE N89°11'35"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 1686.69 FEET TO THE POINT OF BEGINNING. CONTAINING 156,845 SF. OR 3.600 AC. Maass Annexation Exhibit B ANNEXATION NO. 2 A PORTION OF THE WEST ONE-HALF OF SECTION 1, THE EAST ONE-HALF OF SECTION 2 AND THE NORTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2,THENCE S 00°10'34" W ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 2 A DISTANCE OF 80.01 FEET TO THE POINT OF BEGINNING; THENCE S 00°10'34" W ALONG SAID EAST LINE A DISTANCE OF 1618.89 FEET TO THE CENTERLINE OF THE CLENNON LATERAL DITCH; THENCE ALONG SAID CLENNON LATERAL DITCH THE FOLLOWING FIVE (5) COURSES: 1. S 43°41'50" E A DISTANCE OF 51.43 FEET; 2. S 45°07'52" E A DISTANCE OF 778.23 FEET; 3. S 38°32'42" E A DISTANCE OF 327.46 FEET; 4. S 44°43'49" E A DISTANCE OF 71.09 FEET; 5. S 20°03'27" E A DISTANCE OF 27.27 FEET TO THE NORTHWESTERLY LINE OF THE GREAT WESTERN RAILROAD; THENCE S 29°20'38" W ALONG SAID NORTHWESTERLY LINE AND ALONG THE EXTENSION OF THE SOUTHEASTERLY LINE OF LOT B, EXEMPTION NO. 1207-2-4-RE 871 A DISTANCE OF 3229.20 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 36; THENCE S 89°55'36" W ALONG SAD SOUTHERLY LINE A DISTANCE OF 1703.29 FEET; THENCE ALONG THE WESTERLY LINES OF SAID LOT B THE FOLLOWING FIVE (5) COURSES: 1. N 00°04'05" W A DISTANCE OF 976.96 FEET; 2. S 89°55'36" W A DISTANCE OF 230.00 FEET TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2; 3. N 00°04'05" W ALONG SAID WEST LINE A DISTANCE OF 1694.62 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 2; 4. N 89°34'32" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2 A DISTANCE OF 990.00 FEET; 5. N 00°03'45" W A DISTANCE OF 1202.02 FEET; THENCE N 89°56'15" E A DISTANCE OF 50.00 FEET; THENCE N 00°03'45" W A DISTANCE OF 1450.65 FEET; THENCE N 89°11'35" E A DISTANCE OF 1636.47 FEET TO THE POINT OF BEGINNING. CONTAINING 11,896,033 SF. OR 273.095 AC. Maass Annexation Annexation Base Fees 1. Application Fees (non-refundable) 1.1 Annexation: $300.00 1.2 Concept Plan:$50.00 2. Engineering Plans Check (non refundable) 2.1 Fee $350.00 3. Cash Deposits (refundable) 3.1 Town Processing $5,000.00 3.2 Election Costs $500.00 MAC REISSUE OF THIS CHECK WITHIN SD Bank of America DAYS MAY INDEMNITY THE PURCHASE OF AN WDEMNRY BOND {-{— Mt of ww Clew CardM MA.Aaaaa NA. UMBERMEN'S Pas Dina ate,,CMS ,VESTMENT CORPORATION 100824 PAY DATE 04/24/2003 TWO THOUSAND DOLLARS AND CO CENTS PAY EXACTLY *******$21000.00 TO THE ORDER OF TOWN OF MEAD P P.O. 80X 62 6 MEADS CO 80542-D626 f �j USA �7►. u' 1'008 2 4,85 ®06 L L L 2788i: 3 29 993 79 50 _ ._. - REISSUE OF THIS CHECK WITHIN 90 Bank of America DAYS MAY REQUIRE THE PURCHASE 341YI3 alCream___allea __ OF AN INDEMNITY BONDOink 81 ata IMBERMEN'S Atkaen.a Coma Ma/. `VESTMENT CORPORATION 100823 PAY DATE D'*/24/2003 SEVEN HUNDRED DOLLARS AND OD CENTS PAY EXACTLY *********s-nmam TO THE ORDER OF TOWN OF MEAD P.O. 80X 626 MEAD, CO 80542-0626 akeil /i✓ USA I1° 1'00823ri R06LLi2788': 329 993 7 5E' DETACH AND RETAIN THIS STATEMENT 0110 0 6 LUMBERMEN'S INVESTMENT CORPORATION ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW IF NOT CORRECT PLEASE NOTIFY US PROMPTLY,NO RECEIPT DESIRED • VENDOR NUMBER VENDOR NAME CHECK DATE 000000004129 TOWN OF MEAD 06/02/2003 11006 PROJECT I INVOICE NUMBER DESCRIPTION SI I AMOUNT PAID _ 053003-TOM TOWN OF MEAD-MAASS PROPERTY 3,500 .00 • �x `9 • { } • • TOTAL 3,500.00 • • • REISSUE OF THIS CHECK WITHIN 90 Sank of America • • DAYS MAY REQUIRE THE PURCHASE 84.1278 Boni« �04111101110fOF AN INDEMNITY BOND 817 Sunk a A.n«1oa. Cannactbni MINN..Dolae County,Giorgio NV�SON••• . 011006 c0110 0 6 DATE 06/02/2003 '''::.- .-?-:'-l'--4-.?;4NREE.A1100SANO FIVE HUNDRED DOLLARS AND 00 CENTS PAY EXACTLY *******$3,500.00 • • ' 41&=THIRD STREET ., . : HEM. CO `80542-0626 u*OLL0061t' I:06 ILL 2788': 329 993 9 5u' 99918th,Suite 1500 TurnerCollie0Braden Inc. Denver,Colorado 80202-0202 Tel:(303)298-7117 Fax:(303)296-1124 Engineers • Planners • Project Managers May 5, 2003 Michael D. Friesen Town Administrator Town of Mead 441 Third Street Mead, CO 80542-0626 Re: Annexation & Zoning Application - Maass Property East 1/2 Section 2,West 1/2 Section 1,T3N, R68W, 6th P.M. Dear Mr. Friesen: On behalf of Merle and Susan Maass, the owner, and Lumbermen's Investment Corporation, the applicant,we respectfully request annexation of the subject property to the Town of Mead for the purpose of creating a medium density residential development. This development,which will consist of single-family residential units, is consistent with the land use goals of the Mead Area Comprehensive Plan for the area west of the property. In addition, this development will promote economic development within the Town of Mead, generate additional revenue for infrastructure and services and provide a variety of single-family housing products along the east side of I-25. Maass Property Annexation Location: The Maass property is located in the east one-half of Section 2 and west portion of Section 1, T3N, R68W, 6th P.M. The property is bordered on the north by WCR 38, on the east by the Great Western Railroad, south by WCR 36 and west by a proposed east arterial. The property consists of approximately 276 acres: The topography of the property is gently rolling with steeper slopes along the drainage-way that crosses the western portion of the site. An irrigation ditch traverses the northeastern portion of the property. Proposal: This development proposes single-family residential units with zoning classifications of Medium Density Residential at 5 DU/acre. This land use is consistent with the goals of Mead Area Comprehensive Plan. In addition to the proposed single-family residential products, land will be designated for a centrally located elementary school and park site that is shared with the property owner to the west. The planning of the elementary school on the site will be coordinated with the St. Vrain School District. The previously described drainage-way and irrigation ditch have been used to define the residential neighborhoods. The property will be accessed from WCR 36 and WCR 38. Established in 1946 Engineering Excellence for Over One- Half Century AN AECOM COMPANY Community Amenities: The Plan proposes an elementary school (St. Vrain School District) and park site centrally located for future residents. In addition a minimum of 0.08 acres/dwelling unit will be dedicated to the Town of Mead as open space for parks and recreation. The existing drainage-way will provide a separation between neighborhoods as well as being a major green space complete with trails etc. The irrigation ditch will also provide an open space buffer between neighborhoods including a special monument to the deceased bison Ten Bears, a revered member of the Bison Herd that grazed along this property. We respectfully request that annexation and zoning of the Maass property be included as an item on the Town Election ballot in the Summer of 2003 or at the latest in October 2003. Please do not hesitate to contact us with questions or to request additional information. ectfully submitted, m , P.E. Principal Turner Collie&Braden Inc. MAASS ANNEXATION NO. 1 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD,COLORADO: (We), Merlin H. & Susan M. Maass, 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 portion of the Northeast one-quarter of Section 2, Township 3 North, Range 68 West,6th P.M.(see legal description in Exhibit B). 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 and in Exhibit A be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. The area proposed to be annexed is not presently a part of any incorporated city, city and county, or town. 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. No election for annexation of the area proposed to be annexed or substantially the same territory to the Town of Mead has been held within the twelve (12) months immediately preceding the filing of this petition. 5945414 JEGIFF 05/29/03 2-.46 PM h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. Except to the extent necessary to avoid dividing parcels within the area proposed to be annexed held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, 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 comprise more than fifty percent (50%) of the landowners in the area proposed to be annexed owning more than fifty percent (50%) of the area proposed to be annexed, excluding public streets, and alleys and any land owned by the annexing municipality, and the owners hereby consent to the establishment of the boundaries of the area proposed to be annexed as shown on the annexation plat submitted herewith. 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. The land owned by the owners constitutes one hundred percent (100%) of the area proposed to be annexed within the meaning of C.R.S. section 31-12-107(1)(g). 5845414 3EGIFF 05/29/03 2'46 PM 2 6. In connection with the processing of this petition, the owners request that the Town of Mead: a. Institute the zoning approval process for the area proposed to be annexed in accordance with C.R.S. section 31-12-115 and any applicable sections of the Municipal Code of the Town of Mead; and b. Approve and execute a standard annexation agreement (the "Annexation Agreement"), in a form and content acceptable to the applicant and the Town of Mead, which establishes a concept plan for the development of the area proposed to be annexed. 7. The owners have filed this petition subject to the following conditions: a. Concurrently with its approval of annexation of the area proposed to be annexed, the Town of Mead: (i) shall approve for those portions of the area proposed to be annexed which are not public right-of-way zoning which is substantially consistent with the application for zoning which owners submit in connection with this petition; and (ii) shall approve and authorize execution of the Annexation Agreement, in a form and content acceptable to the applicant and the Town of Mead. b. The owners hereby reserve the sole, exclusive and unilateral right to withdraw this petition by so notifying the Clerk of the Town of Mead in writing at any point prior to the date by which the ballots for the annexation election must be submitted to the Town of Mead. c. Prior to expiration of the period described in the foregoing subparagraph (b) without owners having withdrawn the petition, neither owners nor the Town of Mead shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in C.R.S. section 31-12-113(2)(b). 8. Except for the terms and conditions of this petition and of the Annexation Agreement, in a form and content acceptable to the applicant and the Town of Mead, which terms and conditions owners will expressly approve and therefore will not constitute an imposition of additional terms and conditions within the meaning of C.R.S. section 31-12-107(1)(g), and subject to any applicable specific requirements set forth in the Municipal Code of the Town of Mead, owners request that no additional terms and conditions be imposed upon annexation of the area proposed to annexed to the Town of Mead. 9. 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. 10. The zoning classifications (land use) requested is medium density residential at 3 to 6 units per acre (as such classification is set forth in Section IV of the Mead Area Comprehensive Plan) (including single-family residential, multi-family residential, parks and a school) in Performance District 1. 584543 4 JEGIFF 05/29/03 246 PM 3 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.) 44103 L er. S WL/o3Date: Owne ' Date: Applicant Date: STATE OF COLORADO SS. COUNTY OF ) The foregoing instrument w_ s acknowledged before me this a day of a/tllP` , 200 3 by Meat. 1f Y 3t!W[Ln t lifiCI .≤ . My commission expires: )Jo d. 1 5 a76a 3 Witness My hand and official seal. f t f Q. / att Notary Public 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 STATE OF COLORADO SS. COUNTY OF—D2nv-Gr ) The foregoing instrument was acknowledged before me this o`% day of -M ai 2003 by 'Cn - r fie(rc± My commission expires: lay COMMISSIONEXPIRES411 ' tt.•- oUNqyq�h Witness My hand and official seal. ; Q.?� Al��'4'� x5111/ • • i O ' Notary Public • 1�1 `O: ' • 41Ii51j ;.. B�:.•GQ• �� 5845434 IEGIFF 05/29/03 I:18 PM 4 1\\ TF OF GG_- Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned Lumbermen's Investment Corporation May 29, 2003 Applicant John Pierret 5495 Beltline Road Suite 225 Dallas, TX 75240 Merlin H. and Susan M. Maass June 2, 2003 A portion of the Northeast one-quarter P.O. Box 505 of Section 2,T3 N, R 68 W, 6s' P.M. Mead, CO 80542 5945663 JEGIFF 06/3/03 10:27 AM AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF VFW ) At1D` 4:$4 A- CAt9XS ca., , 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. 1%14‘1414L— --- Circulator STATE OF COLORADO ) ss. COUNTY OF Dev.Vcr ) The for ing instrumen was acknowledged before me thi_?day of -lime 2O 3 by 'ter °SO4t My commission expires: (>(a?H/V�v Witness My hand and official seal.ei��"tr Notary Public 584566.3 JEGIFF 06/2/03 3:55 PM MAASS ANNEXATION NO. 2 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD,COLORADO: (We), Merlin H. & Susan M. Maass, 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 portion of the East % of Section 2 and West '4 of Section 1, Northeast one- quarter Section 11, Township 3 North, Range 68 West, 6th P.M. (see legal description in Exhibit A). 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 and in Exhibit A be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. The area proposed to be annexed is not presently a part of any incorporated city, city and county, or town. 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. No election for annexation of the area proposed to be annexed or substantially the same territory to the Town of Mead has been held within the twelve (12) months immediately preceding the filing of this petition. 584566.2 JEGIFF 05/29/0]2 45 PM h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. Except to the extent necessary to avoid dividing parcels within the area proposed to be annexed held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, 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 comprise more than fifty percent (50%) of the landowners in the area proposed to be annexed owning more than fifty percent(50%)of the area proposed to be annexed, excluding public streets, and alleys and any land owned by the annexing municipality, and the owners hereby consent to the establishment of the boundaries of the area proposed to be annexed as shown on the annexation plat submitted herewith. 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. The land owned by the owners constitutes one hundred percent(100%) of the area proposed to be annexed within the meaning of C.R.S. section 31-12-107(1)(g). 534566.2 JEGWF 05/29/03 2:45 PM 2 6. In connection with the processing of this petition, the owners request that the Town of Mead: a. Institute the zoning approval process for the area proposed to be annexed in accordance with C.R.S. section 31-12-115 and any applicable sections of the Municipal Code of the Town of Mead; and b. Approve and execute a standard annexation agreement (the "Annexation Agreement"), in a form and content acceptable to the applicant and the Town of Mead, which establishes a concept plan for the development of the area proposed to be annexed. 7. The owners have filed this petition subject to the following conditions: a. Concurrently with its approval of annexation of the area proposed to be annexed, the Town of Mead: (i) shall approve for those portions of the area proposed to be annexed which are not public right-of-way zoning which is substantially consistent with the application for zoning which owners submit in connection with this petition; and (ii) shall approve and authorize execution of the Annexation Agreement, in a form and content acceptable to the applicant and the Town of Mead. b. The owners hereby reserve the sole, exclusive and unilateral right to withdraw this petition by so notifying the Clerk of the Town of Mead in writing at any point prior to the date by which the ballots for the annexation election must be submitted to the Town of Mead. c. Prior to expiration of the period described in the foregoing subparagraph (b) without owners having withdrawn the petition, neither owners nor the Town of Mead shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in C.R.S. section 31-12-113(2)(b). 8. Except for the terms and conditions of this petition and of the Annexation Agreement, in a form and content acceptable to the applicant and the Town of Mead, which terms and conditions owners will expressly approve and therefore will not constitute an imposition of additional terms and conditions within the meaning of C.R.S. section 31-12-107(1)(g), and subject to any applicable specific requirements set forth in the Municipal Code of the Town of Mead, owners request that no additional terms and conditions be imposed upon annexation of the area proposed to annexed to the Town of Mead. 9. 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. 10. The zoning classifications (land use) requested is medium density residential at 3 to 6 units per acre (as such classification is set forth in Section IV of the Mead Area Comprehensive Plan) (including single-family residential, multi-family residential, parks and a school) in Performance District 1. 584566.2 JEGIFF 05/29/03 2:45 PM 3 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. C (317-4,53 Date: UN03 Date: Applicant: .1. � � 1- Date: STATE OF COLORADO ) "�� SS. (4�0 COUNTY OF L. ►Y. ) r— The foregoing instrument was acknowledged before me this a day of rant 2003 by [Ylddtca H Y 5LA71n /Y! . NU3 My commission expires: kb o 15. eD 3MidJa_ a Witness My hand and official seal. ilettlar 1�L Notary Public 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 STATE OF COLORADO ) SS. COUNTY OFeDeAdtq ) The foregoing instrument was acknowledged before me this day of fh 2003_by Cohn Pitrrt�. My commission expires: MY COMMISSION EXPIRES 2115/2007 Witness My hand and official seal. /4t ........ .4/'%4 . Q'.ttr :•O Y •• • Notary Public • • :O , o; s80s414 recce 05/29/01 12:ozrrd 4 "� "..OF C0V Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned Lumbermen's Investment Corporation May 29, 2003 Applicant John Pierret 5495 Beltline Road Suite 225 Dallas, TX 75240 Merlin H. and Susan M. Maass June 2, 2003 A portion of the Northeast one-quarter P.O. Box 505 of Section 2,T3 N, R 68 W, 6th P.M. Mead, CO 80542 584543.4 JEGIFF 06/3/03 10-.28 AM AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ss. COUNTY OF tyE1.l — ) Aavo-e k, A,r-Ls1 `h a , 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.‘144‘J%kiC Circulator STATE OF COLORADO COUNTY OF ,./em v-e-r ) ss. The fore oing instrumen;was acknowledged before me thisr-3 7 day of ,474 200a by Cntk), / tr,,r5'0.✓ _ My commission expires: (/.?"f/O6 Witness My hand and officialseal. nd /�A7, Notary Public 584543 4 'MIFF 06/2/03 3:54 PM NORTH AMERICAN TITLE COMPANY OF COLORADO 110 E. Oak Street, Suite 100 Fort Collins, CO 80524 (970)484-8800 FAX.: (970)482-2962 Kay Roberts , YOUR ESCROW OFFICER/CLOSER, CAN BE REACHED AT970-304-9012 OUR FILE NO: LVC 173140 C-6 PROPERTY ADDRESS: TED DELIVER TO: Witwer, Oldenburg, Barry, & Bedingfield LLP Cushman & Wakefield of Colorado, Inc. 822 7th St Suite 760 1670 Broadway, Suite 3400 Greeley CO 80631 Denver, CO 80202 Jeff Bettyingfield Libby Kirschner 970.352 .3161 303-813-6426 970 .352 .3165 303-813-6499 Merlin H. Maass & Susan M. Maass P.O. Box 505 Mead, CO 80542 Lumbermen' s Investment Corporation Otten, Johnson, Robinson, Neff & Ragonetti 5495 Beltline, Suite 225 950 - 17th Street, Suite 1600 Dallas, TX 75240 Denver, CO 80202 John K. Pierret Mary Jo Nolan or Julie E Gifford 303 .575.7588 972-702-8372 (303) 825-6525 North American Title Company of Colorado 3459 W 20th Street #112 Greeley, CO 80631 Kay Roberts (970) 304-9012 (970) 304-9022 MANIC YOU FOR GIVING US THE OPPORTUNITY TO SERVE YOU i TICOR TITLE INSURANCE j . Commitment for Title Insurance American Land TICOR TITLE INSURANCE COMPANY, a by the Company, either at the time of the Title Association California corporation, herein called the issuance of this Commitment or by subsequent Commitment - 1966 Company, for a valuable consideration, hereby endorsement. commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor This Commitment is preliminary to the of the proposed Insured named in Schedule A, 'issuance of such policy or policies of title as owner or mortgagee of the estate or interest insurance and all liability and obligations covered hereby in the land described or hereunder shall cease and terminate 180 days referred to in Schedule A, upon payment of the after the effective date hereof or when the premiums and charges therefor; all subject to policy or policies committed for shall issue, the provisions of Schedule A and 8 and to the whichever first occurs, provided that the failure Conditions and Stipulations hereof. to issue such policy or policies is not the fault of the Company. This Commitment shall be effective only when the identity of the proposed Insured and This Commitment shall not be valid or the amount of the policy or policies committed binding until countersigned below by an for have been inserted in Schedule A hereof authorized signatory of the Company. NORTH AMERICAN TITLE COMPANY 110 EAST OAK STREET, SUITE 100 FORT COLLINS,COLORADO 80524 (970)484.8800 FAX(970) 482-2962 TICOR TITLE INSURANCE COMPANY By President Attest � ,J r_'-E /\'� Secretary Authorized Signatory • Reorder Form No. C1396 (Reprinted'03/0 1) ALTA Commitment- 1966 Stipulations 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the 1. The term "mortgage,"when used herein,shall include deed definition of Insured in the form of policy or policies committed for of trust, trust deed or other security instrument. and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to 2. If the proposed Insured has or acquires actual knowledge of eliminate exceptions shown in Schedule B,or(c)to acquire or create any defect, lien,encumbrance, adverse claim or other matter affect- the estate or interest or mortgage thereon covered by this ing the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated Commitment other than those shown in Schedule B hereof,and shall in Schedule A for the policy or policies committed for and such liability fail to disclose such knowledge to the Company in writing, the is subject to the insuring provisions,the Exclusions from Coverage Company shall be relieved from liability for any loss or damage and the Conditions and Stipulations of the form of policy or policies resulting from any act of reliance hereon to the extent the Company committed for in favor of the proposed Insured which are hereby is prejudiced by failure to so disclose such knowledge.If the proposed incorporated by reference and are made a part of this Commitment Insured shall disclose such knowledge to the Company, or if the except as expressly modified herein. Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,adverse claim or other matter, the Company at 4. Any action or actions or rights of action that the proposed its option may amend Schedule B of this Commitment accordingly, Insured may have or may bring against the Company arising out of but such amendment shall not relieve the Company from liability the status of the title to the estate or interest or the status of the previously incurred pursuant to Paragraph 3 of these Conditions and mortgage thereon covered by this Commitment must be based on Stipulations. and are subject to the provisions of this Commitment. fi a tilts?� _. J.. �. .- r art{'?, a.1.„�� e� � ✓,.vl F R 4S�: TICOR TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. EFFECTIVEDATE: 04/01/03 AT 7:30 A.M. FILE NO. LVC 173140 C-6 2. POLICY OR POLICIES TO BE ISSUED: PREMIUM (A) ALTA Owner's AMOUNT:$ 2,745, 000.00 $ 5, 053.00 PROPOSED INSURED: Lumbermen's Investment Corporation, a Delaware Corporation PREMIUM (B) ALTA LOAN POLICY AMOUNT:$ $ PROPOSED INSURED: PREMIUM WAS CALCULATED AT A Basic Rate ADDITIONAL CHARGES $ Tax Statement Fee 80.00 Form 103 .1 100.00 MODIFIED 100.31 758 .00 TOTAL $ 5,991.00 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVEDATE HEREOF VESTED IN: Merlin H. Maass & Susan M. Maass 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: (continued) ISSUED BY: FOR INFORMATIONAL PURPOSES: NORTH AMERICAN TITLE COMPANY OF COLORADO TBD BY: Sus May /Title urttcer ISSUED DATE: bc/sm 04/18/03 ■NORTH AMERICAN •CT MANY LE(;ar DESCRIPTION (continued) File No. LVC 173140 C-6 PARCEL 1: All that portion of the W1/2 of the SW1/4 and all that portion of the SW1/4 of the NW1/4 lying South of the Clennon Lateral Ditch and West of the railroad right of way of The Great Western Railway Company, all in Section 1, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Northern Construction Company by deed recorded January 20, 1906, in Book 212 at Page 329. PARCEL 2: A parcel of land located in the E1/2 of Section 2, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the North Quarter corner of said Section 2 and considering the North line of the NE1/4 of said Section 2 to bear N89°15'55" East, with all other bearings contained herein relative thereto; thence N89°15' 55" East, 990.00 feet along said North line; thence S00°00' 04" East, 2408.59 feet; thence S40°17' 35" East, 267.93 feet to the True Point of Beginning; thence S89°15' 55" East, 1502.54 feet to the East line of said Section 2; thence S00°14' 24" West, 1527.88 feet along said East line to the North right of way of The Great Western Railroad right of way; thence S29°24'26" West, 670.92 feet along said right of way; thence N23°57' 48" West, 1649.49 feet; thence N40°17' 35" West, 767.96 feet to the True Point of Beginning. ALSO Lot B of Recorded Exemption No. 1207-2-4-RE871 recorded May 23, 1986, as Reception No. 02054589, being a part of the E1/2 of Section 2, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. (continued) LEGAL DESCRIPTION (continued) File No. LVC 173140 C-6 PARCEL 3: A parcel of land located in the NE1/4 of Section 2, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the North Quarter corner of said Section 2 and considering the North line of the NE1/4 of said Section 2 to bear N89°15'55" East, with all other bearings contained herein relative thereto; thence N89°15'55" East, 990.00 feet along said North line to the True Point of Beginning; thence N89°15'55" East, 1686 .82 feet continuing along said North line to the Northeast corner of said Section 2; thence S00°14'24" West, 2615.34 feet along the East line of the NE1/4 of said Section 2; thence N89°15'55" West, 1502 .54 feet; thence N40°17'35" West, 267.93 feet; thence N00°00' 04" West, 2408 .59 feet to the True Point of Beginning. COMMITMENT File NaLVC 173140 C-6 SCHEDULE B - SECTION 1 REQUIREMENTS The following are requirements to be complied with prior to the issuance of said policy or policies: A. Payment to or for the account of the grantors or mortgagors of full consideration for the estate or interest to be insured B. Proper instrument(s) creating the estate or interest to be insured must be executed and unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located C. Release of Deed of Trust from Merlin H. Maass & Susan M. Maass to the Public Trustee of Weld County for the benefit of Farm Credit bank of Wichita to secure an indebtedness in the principal sum of $539, 000.00, and any other amounts and/or obligations secured thereby, dated December 2, 1996 and recorded December 2, 1996 at Reception No. 2522950. D. Intentionally deleted . E. Release of Deed of Trust from Merlin H. Maass & Susan M. Maass to the Public Trustee of Weld County for the benefit of Farm credit Services of the Mountain Plains to secure an indebtedness in the principal sum of $225,000.00, and any other amounts and/or obligations secured thereby, dated March 25, 2002 and recorded March 27, 2002 at Reception No. 2936795. F. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured. G. Payment of all taxes and assessments now due and payable. A tax certificate has been ordered. H. Execution of the Company' s "Indemnity I Agreement" by Merlin H. Maass & Susan M. Maass. I . An ALTA Survey in form, content and certification satisfactory to the Company. NOTE: Exception may be made to any adverse matters disclosed by the ALTA Survey. COMMITMENT File No. LVC 173140 C-6 • SCHEDULE B - SECTION 1 Notes NOTE: PURSUANT TO C.R.S.30-10-406(3)(a) 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 CLERIC AND RECORDER WILL REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM TO REQUIREMENTS OF THIS PARAGRAPH. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS 5100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39.22-604.5 (NONRESIDENT W11DEOLDING). NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-122), THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERIC AND RECORDER, OR THE COUNTY ASSESSOR NOTE: PURSUANT TO C.B.S. 38-35-125(2) NO PERSON OR ENTITY THAT PROVIDES CLOSING AND SETTLEMENT SERVICES FOR A REAL ESTATE TRANSACTION SHALL DISBURSE FUNDS AS A PART OF SUCH SERVICES UNTIL THOSE FUNDS HAVE BEEN RECEIVED AND ARE AVAILABLE FOR IMMEDIATE WITHDRAWAL AS A MATTER OF RIGHT... NOTE: PURSUANT TO C.B.S. 10-11-123 NOTICE IS HEREBY GIVEN: (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. A copy of the attached Privacy Policy Notice is to be provided to all parties involved in this transaction. mEORTH AAME AMERICAN alITTTLSC MEPANY • • FOR YOUR CONVENIENCE, NORTH AMERICAN TITLE'S WIRING INSTRUCTIONS ARE AS FOLLOWS: Wire To: USBANK 950 17th Street, Suite 330 Denver, Colorado 80202 ABA#: 102 000 021 Credit To: North American Title Company Escrow Account Account #: 1-036-5536-3788 Please Reference: Commitment Number Borrower' s Name Property Address COMMITMENT File No. LVC 173140 C-6 SCHEDULE B - SECTION 2 EXCEPTIONS 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 heretofore 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 the Commitment. 6. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district 7. Water rights, claims or title to water, whether or not shown by the public records. (continued) Schedule B- Section 2 Commitment (NA) SCHEDULE B, PART 2 - Exceptions (cont'd) File No. LVC 173140 C-6 NOTE: The standard printed Exceptions 1,2,3 and 5 will be deleted from the final policies when issued upon payment of the applicable premium and satisfaction for the Requirement(s) . NOTE: Upon verification of payment of all prior years taxes, Exception No. 6 will be amended to read as follows: Taxes and assessments for the year 2002 and subsequent years, a lien, not yet due or payable. Upon the approval of the Company and the receipt of a notarized Final Lien Affidavit and Indemnity Agreement, Item No. 4 of the standard exceptions on the Owner's policy will be amended as follows: Item No. 4 of the standard exceptions is deleted as to any liens resulting from work or material contracted for or furnished at the request of Merlin H. Maass & Susan M. Maass. Ticor Title Insurance Company shall have no liability for any liens arising from work or material furnished at the request of Lumbermen's Investment Corporation, a Delaware Corporation. Endorsement 103.1 will issued with respect to Exceptions 10 and 13 Modified Endorsement 100.31 will be issued with respect to Exceptions 11, 14 and 18 7 . Water Rights, or claims or title to water, whether or not shown by the public records. 8 . Any existing leases or tenancies NOTE: This exception may be deleted upon receipt of an affidavit from the seller stating that no leases or tenacies exist with respect to any portion of subject property. 9. Rights of Way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273 . 10. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and canals as reserved in the United States Patent recorded December 21, 1888 in Book 51 at Page 87, and any and all assignments thereof or interests therein. (Affects NE 1/4 Section 2) (continued) SCHEDULE B, PART 2 - Exceptions (cont'd) File No. LVC 173140 C-6 11 Reserving to said Union Pacific Railroad Company, its successors and assigns, (1) all oil, coal and other minerals, within or underlying said lands; (2) the exclusive right to prospect in and upon said land, for oil, coal and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all oil, coal, and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all oil, coal, and other minerals which may be found thereon by anyone; (3) the right of ingress and regress upon said land to prospect for mine and remove any and all such oil, coal and other minerals, and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads, and approaches thereto or for removal therefrom of oil and coal, mineral, machinery or other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction, or method of operation of said railroad all as reserved in Deed recorded April 10, 1910, in Book 320 at Page 13 (Affects NW 1/4 Section 1) . 12. Intentionally Deleted. 13 . The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and canals as reserved in the United States Patent recorded October 21, 1921 in Book 333 at Page 147, and any and all assignments thereof or interests therein. (Affects SE 1/4 Section 2) 14 Reserving to said Union Pacific Railroad Company, its successors and assigns, (1) all oil, coal and other minerals, within or underlying said lands; (2) the exclusive right to prospect in and upon said land, for oil, coal and other minerals therein or which may be supposed to be therein and to mine fcr and remove from said land, all oil, coal, and other minerals therein or which may be supposed to be therein and tc mine for and remove from said land, all oil, coal, and other minerals which may be found thereon by anyone; (3) the right of ingress and regress upon said land to prospect for mine and remove any and all such oil, coal and other minerals, and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads, and approaches thereto or for removal therefrom of oil and coal, mineral, machinery or other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction, or method of operation of said railroad all as reserved in Deed recorded July 3, 1915, in Book 417 at Page 273. (Affects SW 1/4 Section 1) 15 . An easement for communication systems and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 2, 1968 at Reception No. 1515969 (Affects SW 1/4 Section 1) . (continued) SCHEDULE B, PART 2 - Exceptions (cont'd) File No. LVC 173140 C-6 16. An easement for communication systems and incidental purposes granted to American Telphone and telegraph by the instrument recorded May 10, 1968 at Reception No. 1516292 (Affects Section 2) . 17. Agreement relating to a tile ditch recorded October 2, 1970 at RTeception No. 1555580 (Affects Section 2) . 18 . Undivided 1/2 interest in all oil, gas and/or other minerals as reserved by Deed recorded February 3, 1976 at Reception No. 1680552, and any and all assignments thereof or interests therein (Affectsd Section 2) . 19. Intentionally deleted. 20. Intentionally deleted. 21. Intentionally Deleted. 22. Intentionally Deleted. 23 . Intentionally deleted. 24 . Easements reserved in deed recorded June 9, 1997 at Reception No. 2552182 (Affects Section 1) . 25. The following matters as disclosed by Alta Survey Job No. 110-051 by Survcon Inc dated 9-3-2002: a. Concerns with respect to fences b. Right of way for Telephone Fiber Optic lines c. Right of Way for Clennon Lateral Ditch d. Right of way for an undisclosed purpose as evidenced by a Corregated Metal Pipe e. Right of way for an unidentified ditch . NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 3-5-1) A. "GAP" PROTECTION When North American Title Company of Colorado, (hereinafter referred to as "Company'), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction,the Company shall be responsible for any deeds,mortgages,lis-pendens,liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Conunitment but prior to the Effective Date of the Policy,provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No coverage will be afforded against deeds, mortgages,lis pendens,liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction,improvements or major repairs have been 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 be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. 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 you have contracted or agreed to pay. 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. TICOR Title Insurance Company (Members of the Fidelity National Financial, Inc. group of companies) Fidelity National Financial Group of Companies'Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use our non-public personal information("Personal Information"),and to whom it is disclosed,will farm the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by us, our affiliates,or others; * From our intereet web sites; * From the public records maintained by governmental entities that we either obtain directly form those entities,or from our affiliates or others and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical,electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents,brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as. for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances,to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Page 1 of 1 Property Owners Within 300 ft. of Parcel# 120702000047 PARCEL NAME MAILING ADDRESS IDENTIFICATION# 5003 WELD CO RD 36 GRAHAM FRANCIE A 120702000030 PLATTEVILLE,CO 80651 PO BOX 505 MAASS MERLIN H & SUSAN M 120702000048 MEAD,CO 80542 PO BOX 505 MAASS MERLIN H & SUSAN M 120702000049 MEAD,CO 80542 4472 WELD CO RD 38 MARKOFF LILLIAN D 120702000037 PLATTEVILLE,CO 80651 4506 WELD CO RD 36 OWEN FARMS 120711000089 PLATTEVILLE,CO 80651 1508 17TH AVE OWEN FARMS 120711000090 LONGMONT,CO 80501 4493 WELD CO RD 36 PEPPLER KENT 120702000051 PLATTEVILLE,CO 80651 4920 COUNTY RD 36 POWERS DOUGLAS K& 120711000057 SHIRLEY OWERS E PLATTEVILLE,CO 80651 4920 WCR 36 POWERS DOUGLAS K& SHIRLEY E 120711000058 PLATTEVILLE,CO 80651 C/O TIM POWERS POWERS SHIRLEY E 4610 COUNTY RD 36 120711000088 PLATTEVILLE,CO 80651 4529 WELD CO RD 36 ROBSON DANIEL A& SHARON E 120702000046 PLATTEVILLE,CO 80651 18 TERRELL DR SMITH SUSAN 120702000050 WASHINGTON CROSSING,PA 18977 This is to certify this is a true and correct copy of the original. North American Title Company of Colorado (Li iLLIN-L_ http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&P1N=120702000047&Part=1 5/21/2003 Page 1 of 1 Property Owners Within 300 ft. of Parcel# 120702000048 NAME MAILING ADDRESS PARCEL IDENTIFICATION MAASS MERLIN H & SUSAN P O BOX 505 M 120701000023 MEAD,CO 80542 MAASS MERLIN H & SUSAN PO BOX 505 M 120702000047 MEAD,CO 80542 MAASS MERLIN H & SUSAN PO BOX 505 M 120702000049 MEAD,CO 80542 4472 WELD CO RD 38 MARKOFF LILLIAN D 120702000037 PLATTEVILLE,CO 80651 5083 WELD CO RD 38 MARTINI DAVID B &LORI E 106136000050 PLATTEVILLE,CO 80651 4709 WELD CO RD 38 RAMOS FRANK 106135000025 PLATTEVILLE,CO 80651 9440 SANTA MONICA BLVD STE RAY &ALMA SCHOOL LLC 706 106135000026 BEVERLY HILLS,CA 90210 4700 WELD CO RD 38 VETTER TOM E &NANCY D 120702000038 PLATTEVILLE,CO 80651 PO BOX 632 WILSON DONALD & 120701200032 MEAD,CO 80542 This is to certify this the original.true and correct copy of North American Title Company of Colorado http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120702000048&Part=1 5/21/2003 Page 1 of 1 Property Owners Within 300 ft. of Parcel# 120701000023 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# 5003 WELD CO RD 36 GRAHAM FRANCIE A 120701300022 PLATTEVILLE,CO 80651 5003 WELD CO RD 36 GRAHAM FRANCIE A 120702000030 PLATTEVILLE,CO 80651 1175 W 125 DR KAI KARRIE M& 120701200002 WESTMINSTER,CO 80234 1175 W 125 DR ICAI ICARRIE M& 120701200031 WESTMINSTER,CO 80234 PO BOX 505 MAASS MERLIN H & SUSAN M 120702000048 MEAD,CO 80542 PO BOX 505 MAASS MERLIN H & SUSAN M 120702000049 MEAD,CO 80542 P 0 BOX 632 WILSON DONALD & 120701200032 MEAD,CO 80542 This is to certify this is a true and correct copy of the original. North American Title Company of Colorado http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120701000023&Part=1 5/21/2003 • 1'l'ItE REPORT MINERAL OWNERS AND LEASEHOLD OWNERS The following information has been obtained from a careful search of the records in the offices of the County Clerk of Weld County,State of Colorado. 1. DESCRIPTION: Township 3 North,Range 68 West,6th P.M. Section 1: All that portion of the W/2 of the SW/4 and all that portion of the SW/4NW/4 lying South of the Clennon Lateral Ditch and West of the Railroad right-of-way of the Great Western Railway Company EXCEPT parcel convey to Northern Construction Company by deed recorded January 20, 1906,in Book 212,Page 329 2. MINERAL OWNERS: RME Petroleum Company C/O Anadarko Petroleum Corporation P.O. Box 9149 The Woodlands,TX 77387-9147 ATTN: Manager Land, Western Division RME Land Corp. C/O Anadarko Petroleum Corporation P.O. Box 9149 The Woodlands,TX 77387-9147 ATTN: Manager Property and Rights-of-Way 3. LEASEHOLD OWNERS: Kerr-McGee Corporation (ALL DEPTHS) 1999 Broadway,Ste. 3600 Denver,CO 80202 The above information came after examining the tract books and computer indicies maintained by Transnation Title Insurance Company of Greeley, Colorado and by examining the real property records maintained by the Clerk & Recorders Office in Weld County, Colorado through February 24th, 2003 at 7:00 A.M. o G7 � ( C L - �j r W. Berkeland CPL . � y J Eiylres 111_LE REPORT MINERAL OWNERS AND LEASEHOLD OWNERS The following information has been obtained from a careful search of the records in the offices of the County Clerk of Weld County, State of Colorado. t. DESCRIPTION: Township 3 North. Range 68 West, 6th P.M. TRACT 1 Section 2:A parcel of land located in the E/2,more particularly desc. as follows:Commencing at the North Quarter corner of said Sec.2 and considering the N line of the NE/4 of said Sec.2 to bear N89 deg.15'55"E,with all other bearings contained herein relative thereto;thence N89 deg.I5'55"E,990 ft. along said N line;thence S00 deg.00'04"E,2408.59 ft.; thence S40 deg.17'35"E 267.93 ft.to the True Point of Beginning;thence S89 deg.15'55"E 1,502.54 ft.to the E line of Sec.2;thence So0deg.14'24"W, 1,527.88 ft. along said E line to the N ROW of the Great Western RR Co. ROW;thence S29deg.24'26"W,670.92 ft. along said ROW thence N 23 deg.57'48"W, 1,649.49 ft.;thence N40 deg. 17'35"W,767.96 ft.to the True Point of Beginning. TRACT 2 Section 2: A parcel of land located in the NE/4 of Section 2,more particularly described as follows:Commencing at the N Quarter corner of said Section 2 and considering the N line of the NE/4 of said Section 2 to bear N89 deg.I5'55"E with all other bearings contained herein relative thereto; thence N89 deg.15'55"E,990 ft.along said N line to the True Point of Beginning;thence N89deg.15'55"E,1,686.82 ft. continuing along said N line to the NE corner of said Section 2;thence SOOdeg.14'24"W,2,615.34 ft. along the E line of the NE/4 of said Sec.2;thence N89deg.15'55 W, 1,502.54 ft.;thence N40 deg.17'35"W,267.93 ft.;thence NOOdeg.00'04"W,2,408.59 ft. to the True Point of Beginning. TRACT 3 Section 2: Lot B of Recorded Exemption No. 1207-2-4-RE871 rec. May 23, 1986, as Book 1113,Reception No. 02054589, being a part of the E/2. 2. MINERAL OWNERS: Louie and Barbara Asbury (50%) 825 Hillside Court Longmont,CO 80501 Merlin H. Maass and Susan M.Maas, (50%) his wife P.O. Box 505 Mead,CO 80542 3. LEASEHOLD OWNERS: OPEN-UNLEASED The above information came after examining the tract books and computer indicies maintained by Transnation Title Insurance Company of Greeley, Colorado and by examining the real property records maintained by the Clerk & Recorders Office in Weld County, Colorado through February 24th, 2003 at 7:00 A.M. lCri a ut.N34-0.40. Cry W.Berkeland CPL 7•Th CASS To be Completed TOWN OF MEAD by surveyors Annexation Map Engineer. /�� Q< /� Land Surveying Standards Q� (��/ _ Name of Annexation: / f 4Ass �1/JA �I IOIJ l'o•Z Surveyor J "E1- f"5/ uot Data Initials Items 4-I8 55/4 1. A scale drawing of the boundaries of the land parcel. V 2. All recorded and apparent rights-of-way and easements,and,if research for recorded rights-of-way and 4-16 3EK easements is done by someone other than the professional land surveyor who prepares the plat,the source from which such recorded rights-of-way and easements were obtained. 3. MI dimensions necessary to establish the boundaries in the field.(The dimensions must be shown to all f� �Cy+ control monuments used in the field survey.If the boundary runs down a line or parallels a line,the dimensions 4.1 K to get from the control line or monuments to the parcel must be shown.Dimensions o both ends of the control C.J V`-' line must be shown.) 4. A 4-18n - K such statement by t the responsible professional land surveyor that the survey was performed by such surveyor or under4.18 3C1< 5. A statement by the professional land surveyor explaining how bearings,if used,were determined V 6. A description of all monuments,both found and set,which mark the boundaries of the property and of all I j�K control monuments used in conducting the survey. paralleling (Monuments such as section corners ilers are control q8 F\ smonuments.If you are running down a tine or hown.It must be labeled on the map or if a monument is found monumentst or se ) at both ends of the line must be 4-18 )GK 7. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale 4-18 3-6K 6. A north armw. 9. A written property description,which shall include but shall not be limited to a reference to the county and 4-18 Zt I< state together with the section,township,range,and prinapal meridian or established subdwison,block and lot number,or management Property description describing bethe written in upper as blase�the general land office or bureau of land .) 4_ 5 10. Any conflicting boundary evidence.Ties to and descriptions of all confiding corners are shown. 4—i 11. Location map.Minimum one and one-half mile radius of the property with principal roads labeled. µ-1 jI` 12. Certificate block-based on the Town's standard certificates for annexation maps. l 13. The si nature and seal of the professional land surveyor.Initials of draftsperson,date of drawing and 4-1$ jE Ic AutoCAD to name. 4-18 6K 14. MI calculations have been double checked on final map for any errors,transpositions,the sum of the parts equals the total length,etc. made,or what is found in the field Is identical with a previously filed corner 9''18 3-6K r5.recordC recordation.Corner recordationsr recordations have�have to be flied on all sections,%section and aliquot corners ofa section. 1� l/ polygonsoftoofofthe row.lines whd en possible.ide the bloc k or m Widths clear of lyIndicate the t and errminusnpoiint a each ach be placed Curve data may be presented in tabular form,or with leader dimension lines. 4---i8 :5614 17. MI text and numbers are to be large enough to dearly legible at the scale drawn.Paragraph text,legal similardescriptions 'san serf'type.Tolle of plat is to b in e entt ered at top of 81 theeplt in type not TM Roman Simplex, lea than 3"high. �al or R --� 18. An AutoCADTh drawing file(Release 12 or higher)of the map,and all font files used,on 3 W IBM formatted disk is to be provided.A wind processing file of the legal description on 3% IBM formatted disk is to 4—I V J be provided(Word Perfect 6.1 ptfened). INSTRUCTIONS 1. This checklist is required to be completed by the responsible surveyor or engineer and submitted with the annexation map.2. The 3. Items#1 pleted through1O ck list ferls to be to C R.S.maintained8-508 Surveying statutes.File. Official Use Only Reviewed by Date: ANNEXATION MAP LAND SURVEYING STANDARDS CHECXLtST.DOC 1015100(4:19 PM) Page 1 of 1 To be Completed TOWN OF MEAD by Surveyor or Annexation Map Engineer. ��1rn•• ^� C Land Surveying Standards 'G Name of Annexation: I , 14ASS 4ei/i d( • IJO. J Surveyor JaFfK/57-PER Date Initials Items 6-i1-03 Jf< 1. A scale drawing of the boundaries of the land parcel. `J 2. All recorded and apparent rights-of-way and easements,and,if research for recorded rights-of-way and lH 1 I Je easements is done by someone other than the professional land surveyor who prepares the plat,the source ,K` 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 1 ) to get from the control line or monuments to the parcel must be shown.Dimensions to both ends of the control (.9 I -tC/ line must be shown.) 6-11 0"E l<)/ 4. A statement by the professional land surveyor that the survey was performed by such surveyor or under such surveyor's responsible charge. 4_ 1) ,"E/L 5. A statement by the professional land surveyor explaining how bearings,if used,were determined 6. A description of all monuments,both found and set,which mark the boundaries of the property and of all I 3 control monuments used in conducting the survey.(Monuments such as section comers are control monuments.tt you are running dawn a line or paralleling a line,the monuments at both ends of the line must be G- shown.It must be labeled on the map or plat R a monument is found or set.) 6 -11 TE K 7. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale (D— I i •SeK 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 6- I I Z / number,or any other method of describing the land as established by the general land office or bureau of land management.(Property description is to be written in upper case type.) r I I R 10. My conflicting boundary evidence.Ties to and descriptions of all conflicting corners are shown. 6-1 ) t l e1< 11. Location map.Minimum one and one-half mile radius of the property with principal roads labeled. 0—/ ) )EK 12. Certificate block-based on the Town's standard certificates for annexation maps. 6 I le< 13. The signature and t I professional land surveyor.Initials of draftsperson,date of drawing and I AutoCAD file name. (� thki L b_ 1) .. K I/ 14. All calculations have been double checked on final map for any errors,transpositions,the sum of the parts equals the total length,etc. 6-1 1 ' I / 15. Corner recordations have been made,or what is found in the field is identical with a previously filed comer recordation.Corner 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 o polygon.Widths of roads,and easements are to be placed / �c'L I / between the r.o.w.lines when possible.Dimensions must clearly indicate the terminus point at each end.Curve 0-11 .JI/`�/` 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 e/_l' �[' / descriptions and certificates are to be in 12 pt.(0.16608")AutoCADTM Roman Simplex,Helvetica,Anal or s J ` similar"son serf"type.Title of plat is to be centered at top of the plat in type not less than 3"high. 6-1 ) -y\, ' 18. An AutoCADTM drawing file(Release 12 or higher)of the map,and all font files used,on 3%"IBM WY-° formatted disk is to be provided.A word processing of`t the legal description on 3%"IBM formatted disk is to be provided(Word Perfect 6.1 preferred). v e-)43 INSTRUCTIONS 1. This checklist is required to be completed by the responsible surveyor or engineer and submitted with the annexation p. 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: CC: ANNEXATION MAP LAND SURVEYING STANDARDS CHECKLIST.DOC 10/5/00(4:19 PM) Page 1 of 1 To be Completed TOWN OF MEAD by Surveyor or , Annexation Map Engineer. /,���� /�{//..���� �//Llandd} Surve ing Standards _ -7 Name of Annexation: / / x7 1/ 5, J-/ )Qsc /J0 2 Surveyor.EfF kIS I&elq Date Initials Items 6—IW3 JE./4. 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 I Jt easements is done by someone other than the professional land surveyor who prepares the plat.the source 6-I 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 I I / control monuments used in the field survey.If the boundary runs down a line or parallels a line,the dimensions K to get from the control line or monuments to the parcel must be shown.Dimensions to both ends of the control line must be shown.) 4—Ia:',Ic 4. A statement by the professional land surveyor that the survey was performed by such surveyor or under such surveyor's responsible charge. - 1 II 5. A statement by the professional land surveyor explaining how bearings,if used,were determined 6. A description of all monuments,both found and set,which mark the boundaries of the property and of all K control monuments used in conducting the survey.(Monuments such as section corners are control 6_11 3-� monuments.If you are running down a line or paralleling a line,the monuments at both ends of the line must be shown.It must be labeled on the map or plat if a monument is found or set.) Crrr &) ) 117E147. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale C �Ek 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 6-1 I 5W number,or any other method of describing the land as established by the general land office or bureau of land 1/ management.(Property description is to be written in upper case type.) Y'-/ ) 10. My conflicting boundary evidence.Ties to and descriptions of all conflicting comers are shown. /9-!' , ) 11. Location map.Minimum one and one-half mile radius of the property with principal roads labeled. 6—I) T k 12. Certificate block-based on the Town's standard certificates for annexation maps. I) Je ; 13. The signature a seal o(jbe grofe nab lard surveyor.Initials of draftsperson,date of drawing and �9 (� AutoCAD fide name. .0[-(�/�/ �179C.. 6-II 14. All calculations have been double checked on final map for any errors,transpositions,the sum of the parts equals the total length,etc. 6—I ) JeK 15. Corner recordations have been made,or what is found in the field is identical with a previously filed corner Jrecordation.Corner 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 --rh� polygons are to be placed outside the block or polygon.Widths of roads,and easements are to be placed 6— ) ) `tki between the r.o.w.lines when possible.Dimensions must clearly indicate the terminus point at each end.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 /__ II .36� descriptions and certificates are to be in 12 pt.(0.16608)AutoCADT Roman Simplex,Helvetica,Axial or C7 similar"son serf"type.Title of plat is to be centered at top of the plat in type not less than.3_high. 18. An AutoCADTM drawing file(Release 12 or higher)of the map,and all font files used,on 3%"IBM formatted �/ disk is to be provided.A word processing fye y t e legal de iption on 3%."IBM formatted disk is to be —, 1 K provided(Word Perfect 6.1 preferred). _r� "l-a'/ INSTRUCTIONS 1. This checklist is required to be completed by the responsible surveyor or engin r a u fitted with he a xati 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: ANNEXATION MAP CHECKLIST.D0C 10/5/00(4:19 PM) Page 1 of 1 Maass Annexation Northern Colorado Water Conservancy District Petition 1. Northern Colorado Water Conservancy District Petition 1.1 The Maass property is within the Northern Colorado Water Conservancy District. No petition for inclusion to the district is required. See attached letter. i•t r1.6(1 op, .,1`Kna,,kl);,1,y°:-i, ,..V.y,,5'y WInii ••h. ' b, -.4.007.:.%:‘;,. ,. V. /,1''•:• i, � r.,�� ,,bc .},��'? {'yC ^«t' ')��4'5�ti,�K/� �'�'ni:✓' .'i, �. `��,. �. 'n�:� r�,`.. "l l ;," ;�. ;A ., •. ; , • ,y 1 k o +. W tin* rear•.. ti.,�,9` H'L0',.,t'l.. S �:;S ,,f,. ,' pi)M1:: 'p wl(� a !'.r.a P• i v;n,y. 3.. J. M�� 1v! �7 ^II." w Vf..L, ^p"n�rv,�,, ,,n..L • e�r Pv ,,;s1/4;),,,:: 'o ;l`S 1.,R;y rV�` �„ ., 1 �#r'� • !1 n i+l;t �J)Aa AI,�.,/,•,I,»y . y :�'a� ' w .:, .>. �. ,.. b '.,r ` ' h�.i,� :e�i', 1 i�i� : ., `s ! �' 0 y;. .� Pig . ,": 1 , its r Lavelamt,+ryla kade;0339.0(c79' IMO North Wilaan Ldveland.Colorado se5)9 ' , . 9146nt(2•0l 067-2434 FAX(970),663.6907 . ' ' • . I11RECTORS uuuurinl�xlNry April 17, 2003 4,;•;;A ,:win,p Via facsimile: 303.296.1124 In O'r'e Mr. Andy Christiansen ' /ILN III*, x . N N. Turner Collie & Braden Inc. • AWWge ,a„P 999 Eighteenth Street Wilms, "'°^r"r Denver CO 80202 .Midi*,A Knit: f WI ail°VNiy I1,'kun Ii lYdMr.nr Km“.a,.w„rr RE: Maass Annexation Jlnl niTtu AWJ11MAUN AN) MAHICAN 1.(RAJ 1111 Dear Mr. Christiansen: Om kW, I,A.a4,,,.H/:11' Please be advised that Section 2, Township 3 North, Range 68 West of the 6th nips.oath,.: +1.11,:WK,k LIIUNIv P.M., County of Weld, State of Colorado is within the boundaries of the Northern Colorado Water Conservancy District. milt I OK IMV RI i Lei trim,/ i,/ Please do not hesitate to call if you need further information. (*ga 5 ' AO, +1ibM Sincerely, I„„rkn, k,...„00,,,,,,, lan,,,,,,rich."""Il'ri'u'•"' Suzan . Fritz el 4vniry find' '(waylrtry Land and Water Allotments Department licit w Lean.C(1VNSCIt , bungWuu.-rA Grpr..... RC lip l.ncnln'.,.r', Ylwe 14* • th”4v.I:q;nd, Nninl SPECIAL WARRANTY DEED NON-TRIBUTARY AND NOT NON-TRIBUTARY GROUNDWATER THIS DEED,made this day of , ,between Lumbermen's Investment Corporation,5495 Helaine Road,Suite 225,Dallas,TX,75240, 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 East'A of Section 2 and West Vi of Section 1, Northeast one-quarter Section 11, Township 3 North,Range 68 West,6th P.M. (see leeal description in Exhibits A&B), 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: 5495 Beltline Road,Suite 225,Dallas,TX,75240 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 Master Water Rights Deed-Nai-vibulory Maass.tloc May 18,2001(11:55am) 1 STATE OF COLORADO ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20by My commission expires: Witness My hand and official seal. Notary Public r Master Water Rights Deed-Non-IriEutory Maass.doc May 18.2001(11:SSam) 2 Maass Annexation Exhibit A LEGAL DESCRIPTION ANNEXATION NO. 1 A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE- QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2,THENCE S00°10'34"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°10'34"W A DISTANCE OF 50.01 FEET; THENCE S89°1 1'35"W A DISTANCE OF 1636.47 FEET; THENCE S00°03'45"E A DISTANCE OF 1450.65 FEET; THENCE S89°56'15"W A DISTANCE OF 50.00 FEET; THENCE N00°03'45"W A DISTANCE OF 1500.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE N89°11'35"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 1686.69 FEET TO THE POINT OF BEGINNING. CONTAINING 156,845 SF. OR 3.600 AC. Maass Annexation Exhibit B ANNEXATION NO. 2 A PORTION OF THE WEST ONE-HALF OF SECTION 1, THE EAST ONE-HALF OF SECTION 2 AND THE NORTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S 00°10'34" W ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 2 A DISTANCE OF 80.01 FEET TO THE POINT OF BEGINNING; THENCE S 00°10'34" W ALONG SAID EAST LINE A DISTANCE OF 1618.89 FEET TO THE CENTERLINE OF THE CLENNON LATERAL DITCH; THENCE ALONG SAID CLENNON LATERAL DITCH THE FOLLOWING FIVE (5) COURSES: 1. S 43°41'50" E A DISTANCE OF 51.43 FEET; 2. S 45°07'52" E A DISTANCE OF 778.23 FEET; 3. S 38°32'42" E A DISTANCE OF 327.46 FEET; 4. S 44°43'49" E A DISTANCE OF 71.09 FEET; 5. S 20°03'27" E A DISTANCE OF 27.27 FEET TO THE NORTHWESTERLY LINE OF THE GREAT WESTERN RAILROAD; THENCE S 29°20'38" W ALONG SAID NORTHWESTERLY LINE AND ALONG THE EXTENSION OF THE SOUTHEASTERLY LINE OF LOT B, EXEMPTION NO. 1207-2-4-RE 871 A DISTANCE OF 3229.20 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 36; THENCE S 89°55'36" W ALONG SAID SOUTHERLY LINE A DISTANCE OF 1703.29 FEET; ` THENCE ALONG THE WESTERLY LINES OF SAID LOT B THE FOLLOWING FIVE (5) COURSES: 1. N 00°04'05" W A DISTANCE OF 976.96 FEET; 2. S 89°55'36" W A DISTANCE OF 230.00 FEET TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2; 3. N 00°04'05" W ALONG SAID WEST LINE A DISTANCE OF 1694.62 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 2; 4. N 89°34'32" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2 A DISTANCE OF 990.00 FEET; 5. N 00°03'45" W A DISTANCE OF 1202.02 FEET; THENCE N 89°56'15" E A DISTANCE OF 50.00 FEET; THENCE N 00°03'45" W A DISTANCE OF 1450.65 FEET; THENCE N 89°11'35" E A DISTANCE OF 1636.47 FEET TO THE POINT OF BEGINNING. CONTAINING 11,896,033 SF. OR 273.095 AC. Maass Annexation Annexation Impact Report 1. Annexation Impact Report Map 1.1 See attached Annexation Impact Map. 2. Annexation Agreement 2.1 Annexation agreement is not available at the time of the annexation submittal. 3. Municipal Services 3.1 See attached Preliminary Utility Plan for location of existing and proposed utility facilities. 3.2 Water Service 3.2.1 Water service will be provided by the Little Thompson Water District via existing facilities along I-25. 3.2.2 Connections to existing facilities and water service facilities within the development will be constructed and financed by the developer according to Little Thompson Water District regulations and standards. 3.3 Sewer Service 3.3.1 Sewer service will be provided by the Town of Mead via facilities proposed by the District for future developments east of I-25. Proposed facilities will be financed by developers via tap fees paid in advance of construction. 3.3.2 Proposed facilities include a new wastewater treatment facility east of I- 25 and south of WCR 34 along a spur of North Creek. An 18-inch interceptor would be installed along the spur of North Creek to convey flows to the new treatment facility. 3.3.3 The developer will participate with the Town of Mead to provide tap fees for design and construction of proposed facilities. Sewer facilities within the development will be constructed and financed by the developer in accordance with the Town of Mead regulations and standards. 3.4 Storm Water within the development will be routed within the site and detained prior to discharge off site. Discharge of storm water will be routed via existing drainage patterns and will not exceed historic rates. 3.4.1 See Preliminary Drainage Plan. 4. Financing of Existing Municipal Services 4.1 Municipal services both within the site and off site will be financed by the developer(and possibly neighboring developers via cost sharing) according to the regulations of the various service districts. 5. Existing School and Special Districts 5.1 St. Vrain School District RE-1J 5.2 Little Thompson Water District 5.3 St. Vrain & Left Hand Water Conservation District 5.4 Weld County Library District 5.5 Mountain View Fire Protection District 5.6 Northern Colorado Water Conservancy District 5.7 Longmont Soils District 6. Statement of School Impact 6.1 Students residing in developments within the Maass property will attend schools within the St. Vrain School District. 6.2 This development will generate approximately 611 students based on a student yield of 0.66 students per dwelling unit for 926 single-family detached units. See the letter in this section provided by St. Vrain School District, which shows students generated based on a previous conceptual residential development with 771 single-family units. The following estimates of students generated were revised for a development of 926 units using factors from the estimate provided by the St. Vrain School District. 6.2.1 Approximately 324 elementary students will be generated. The current enrollment of the 504-student capacity Mead Elementary is 408, which is 81 percent capacity. The capacity of Mead elementary with the addition of 324 students would be at 145 percent. Students generated during initial construction phases will attend Mead Elementary until capacity (100 percent) is reached. Approximately 10 acres of land within this site will be set aside for a possible future elementary school, which will be planned in cooperation with the St. Vrain School District. 6.2.2 Approximately 130 middle level students will be generated. The current enrollment of the 342-student capacity Mead Middle is 496,which is 145 percent capacity. The capacity of Mead Middle with the addition of 130 students would be 183 percent. St. Vrain School District capital improvement plans include completion of a new middle level school in east Longmont by fall 2005 that would accept students from this development. 6.2.3 Approximately 157 high school students will be generated. The current enrollment of the 1323-student capacity of Skyline High is 1458, which is 110 percent capacity. The capacity of Skyline High with the addition of 157 students would be 122 percent. St. Vrain School District capital improvement plans include completion of a new high school at the intersection of WCR 7 and WCR 26-1/2 by about 2006 that would accept students from this development. 6.3 Approximately 10 acres of land within this site will be set aside for consideration as a site for construction of a future elementary school. Planning of the future elementary school will be coordinated with the St. Vrain School District. 6.4 St. Vrain School District provided estimates (see attached Exhibit A in this section) of the cost for capital improvements based on a previous conceptual residential development of 771 single-family units. The following land dedication and capital improvement estimate was revised for a residential development of 926 units using factors provided in the St. Vrain School District estimate. 6.4.1 Total land dedication of 16.79 acres at an estimated developed value of $35,000 per acre for a total of$587,650. 7. Qualifications of Preparer 7.1 This report was prepared by Turner Collie & Braden Inc., Bernard Lash & Associates and Kirschner Company. 7.1.1 Turner Collie & Braden Inc. is an engineering consulting company with offices in Denver, Colorado that provides land development services to residential and commercial developers. Andrew Christiansen, P.E. of Turner Collie & Braden Inc. is a licensed engineer in the State of Colorado. 7.1.2 Bernie Lash of Bernard Lash &Associates is a Land Planner with more than 30 years of experience with residential planning in Colorado. 7.1.3 John Kirschner of Kirschner Company represents the applicant and has more than 25 years of experience with residential, commercial and mixed-use developments in Colorado. MAASS ANNEXATION TO THE TOWN OF MEAD A PORTION OF NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO � - 47.4.1499 • �/H Red - TING '� ` ACiF21CULTURE -. �. v\ 02 ‘ 5000---Elevator 000�� •a t�'{{�� TER MAIN r - _ �I xb _ .. ator �15.. i - AGRICULTURE st•/ ; T_,"N nF —D Ito ._o= • i i / j - _ SA IT ER 1 � � 11 rr/ O / l . B REV 6S • - �: TOWN OF MEAD III / f (� - • •-v` •,,,,, ,, 0SO° rte �� r" �I� ��' I., � -� er 'AGRICUL � .. k R.• AG / .� _ 4 \ •_�� r� • v`115 : �g pp O H i „it (l C I . �.\1 4-' '. / 1� ♦ GR lS OII�E- �:c', •4.. c— a�_.... y / 3 ACco . . tYN \ .� //i�.•r je4 \ R �• 16 �,r . •.�•i S� AG• CULTURE i I t\ �} j� 'll. � <� �'�m i � i• ••. an T � 11 L l �( ,� f �• � .`0 � 0 / PROP ED `v A t I 1 �2 `\� z••• � �� yh„ �i SANITA•Y SEVER\ ,/, • ,, i �. ¢ c- A �� vim `/ Pi Ill / INTERG PTOR i ,•k 4.00 �� •,r_ LTURE �(1 ,� I e. N�LTURE .-.%;,,,, /. F Mal, 12-INCH -v— •I. _` WATER MAI ` �� 9°0 '�. 4o y EXISTING s°� W u 0 ' Ti •FMC 2' \\ \ &- o I \ APPLICANT: LUMBERMEN'S INVESTMENT CORPORATION 1000 - s00 000 2000 5495 BELTLINE ROAD ORIGINAL srxc I.-2000 SUITE 225 DALLAS,TX 75240 ANNEXATION IMPACT MAP (972)702-8699 TimmrrnixP c@B enInc. DOWERS KHMERS PROJECT MANAGERS OWNER: 717 80202 5TH °°" GONER COLORADO MERLIN H.MAASS&SUSAN M.MAASS P (303)298-7117 - FAX (303)295'112. P.O.BOX 505S °n1 t� us.: v.R Dote JUNE 2003 MEAD,CO 80542 o..N^w'NC =^a... CLH Job,,.0522515.1 Ca1mn 0001 Comm CET *Donned TOM Sn^.' 1 M 1 File contains oversized map Please see original file } May `< RAY AND ALMA SCHOOL ANNEXATION TO THE TOWN OF MEAD l 4 ^ { 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: 40 A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number: Ray&Alma School LLC 203 Parfitt Way SW Suite 200 Bainbridge Island, WA 98110 (206) 780-9989 2. Legal description of the property proposed for the land use change: A portion of Section 35,Township 4 North, Range 68 West of the 6m P.M. (see legal description in Exhibit A). 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. Existing land use: Agricultural 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. Commercial (94.3 Acres +/-) and Agricultural (495.5 Acres +/-) 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. See Concept Plan and Annexation Plan 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [attach maps and sketches as necessary] See Concept Plan and Annexation Plan 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. N/A 8. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. [attach drawings as necessary] N/A 1 9. The fiscal impact analysis, Form D-4. NIA 10. Provide other information that the applicant believes will assist the Planning Commission and the Board of Trustees in making a fair decision. (atach additional sheets as necessary] See Letter of Intent and Statement of Community Need for this Annexation. 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), rn,Rr g ag /or Igholder shall also sign the Application.)ibui Owner: Date: 4//1-4/0> Owner: Date: C4-4(01 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 • 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 [j 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 2 WASHINGTON SHORT•FORM INDIVIDUAL ACKNOWLEDGMENT ,ee.nn.+.N State of Washington ss. County of /� / I certify that I know or have satisfactory evidence that ,iuc e- C l/w Ocy Name of Sigrid is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: `/-2 % 03 Month/Day/Year \ ,Siignature of Notarizing Officer /7 /1 YO-a3 Notary Ar06e Title uch as'Notary Public") state dwarrhkwtan KRIST1 L SUTTaa11 My Appointment Expires Ad 16,2006 My appointment expires '9-/G - OS Place Notary Seal Above Month/Day/Year of Appointment Expiration OPTIONAL Although the information in this section is not required by law,it may prove valuable to Right Thumbprint persons relying on the document and could prevent fraudulent removal and of Signer reattachment of this form to another document op of thumb here Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: O 1999 National Notary Association•9350 De Soto Ave., P.O. Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Item No.5906•Reorder Call Toll-Free 1-800-876-6827 • 9. The fiscal impact analysis, Form D-4. N/A 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] See Letter of Intent and Statement of Community Need for this Annexation. 11. Signature of the Applicant: By this acknowledgment, the undersigned hereby certify that the above inform ion is complete and true. (If the applicant is not the owner(s) of the subject property e o ner(s mortga e lienholder shall also sign the Application.) Owne Date: y/2�/tiD3 Owner: Date: /// GEM B Applicant: Date: 'at 013.2303 (attach additional signatures as necessary) Not"pubic.caroms fit,,,j Los Ano&esCaunry Gs Fo4 v rs *Comm Spiro An 26,2006 STATE OF fetheIttfo ) SS. COUNTY OF Le i4`f- The foreg9ing instrument was acknowledged before me this 2 S day of A-p r t` , 20 t 3 by Rt 4,c44 S'nSG My commission expirJut. 2r, °e6 /) Witness My hand and official seal. Public c "'^""*'*I'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 [] 2. The application is for a Major Land Use Change. Yes [I 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 2 School Annexation Exhibit A LEGAL DESCRIPTION A PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER OF SECTION 27, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S 00°02'43" W A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE ALONG SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF INTERSTATE 1-25 THE FOLLOWING FOUR (4) COURSES: L S 89°11'35" W A DISTANCE OF 2676.43 FEET; 2. S 89°13'12" W A DISTANCE OF 2608.68 FEET; 3. S 00°26'24" E A DISTANCE OF 2679.69 FEET; 4. S 00°27'11" E A DISTANCE OF 2614.07 FEET; THENCE S 88°58'43" W A DISTANCE OF 300.01 FEET TO THE WESTERLY LINE OF SAID INTERSTATE I-25; THENCE ALONG THE WESTERLY LINE OF SAID INTERSTATE I-25 AND ALONG THE EASTERLY LINE OF THE FOLLOWING RECORDED ANNEXATIONS, "BELMONT PARK ANNEXATION" AND "MARGIL ANNEXATION NO. 2", THE FOLLOWING SEVEN (7) COURSES: 1. N 00°27'11" W A DISTANCE OF 2617.08 FEET; 2. N 00°26'24" W A DISTANCE OF 2593.31 FEET; 3. N 80°49'44" W A DISTANCE OF 497.00 FEET; 4. N 00°39'22" W A DISTANCE OF 60.00 FEET; 5. N 79°52'38" E A DISTANCE OF 498.54 FEET; 6. N 00°10'53" E A DISTANCE OF 2550.48 FEET; 7. N 00°24'15" E A DISTANCE OF 2690.96 FEET TO THE NORTHERLY LINE OF WELD COUNTY ROAD NO. 40; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: 1. N 89°07'14" E A DISTANCE OF 2921.32 FEET; 2. N 89°56'32" E A DISTANCE OF 2639.93 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 THE FOLLOWING TWO (2) COURSES: 1. S 00°01'45" W A DISTANCE OF 2676.52 FEET TO THE EAST ONE- QUARTER OF SAID SECTION 35; 2. S 00°02'43" W A DISTANCE OF 2056.24 FEET; THENCE THE FOLLOWING FOUR (4) 1. S 89°11'35" W A DISTANCE OF 1709.00 FEET; 2. S 00°02'43" W A DISTANCE OF 561.00 FEET; 3. N 89°11'35" E A DISTANCE OF 1709.00 FEET TO THE EAST LINE OF SAID SECTION 35; 4. THENCE S 00°02'43" W ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT AT&T PARCEL RECORDED JULY, 1967 IN BOOK 583 AT RECEPTION NO. 1505381 CONTAINING AN AREA OF 682.069 ACRES (NET) 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: 40 Applicant's name, address and telephone number: Ray&Alma School LLC 203 Parfitt Way SW Suite 200 Bainbridge Island,WA 98110 Name of the Project: Ray and Alma School Annexation REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units [ 1") x factor [ 9.74 % ]2) = Assessed Valuation [ 1 Market value all multi-family units [ lc) x facto r[9.74% 1(21 =Assessed Valuation [ 1 Market value all mobile home units [ 1 ttl x factor[9.74% 1(2) = Assessed Valuation [ 1 Market value all non-residential structures [ $57,500,000 1(t) x factor [ 29% 1(2) = Assessed Valuation [ $16,675,000 1 Total Assessed Valuation [ $16,675,000 I Total Assessed Valuation [ $16,675,000 ] x Town mill levy [ 12.364 mills ](3)= Town Property Tax Revenue [ $206,170 ] Total Assessed Valuation [ $16,675,000 ] x School mill levy L 41.025 mills 1t3) = School Property Tax Revenue [ $684,092 ] ")Developer's projected market value. Ill 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 [$16,675,000 Ix Fire District mill levy [ 8.197 mills ]tat= Fire District Property Tax Revenue [ $136,685 I Total Assessed Valuation [$16.675.000] x County mill levy[ 20.056 mills ]t'I = County Property Tax Revenue [ $334,434 1 Total Assessed Valuation [$16,675,0001 x all other mill levies f 4.494 mills 1(J) = Other Property Tax Revenue L $74,938 I Total Property Tax Revenue [ $1,436,319] 2. Sales Tax. Population in the development f 1 x the last year's per capita collection [ $48.46 1t'I = total annual sales tax revenue [ ] 3. Water Revenue. Population in the development [ 1x the last year's per capita collection J $144.34 1(3) = total annual sales tax revenue [ N/A 1 4. Sewer Revenue. Population in the development [ Ix the last year's per capita collection J $75.21 ]t't =total annual sales tax revenue [ ] 5. Other Revenue(taxes,fees, permits, etc.). Population in the development f 1 x the last year's per capita collection [ $65.80 lt'I =total annual sales tax revenue f 1 TOTAL RECURRING REVENUE f$1,436,3191 B. One-Time Revenues. 1. Building Permits. Market value of structure(s) [$57,500,000 1(1)x factor[ .0099375 ](3} + $30.00 x BP = building permit revenue [ $572,006 1 2. Use Taxes. Market value of structure(s) f$57,500,0001(n x 50%x 2% = use tax revenue [ $575,000 1 (1)Developer's 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. (3)Contact the Town Clerk for current factors. 3. Water Plant Investment. Total taps x factor[ ]t3) = total PIF [ N/A 4. Sewer Plant Investment. Total taps x factor[ $5,500.00 1131 = total PIF f $550,000 1 TOTAL ONE TIME REVENUE f $1.697,0061 II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development[ 269.82 1 x 4%x factor I $2287.00 1(3) =total street maintenance costs [ $8,627 2. Police Protection. Projected population at full development[ ] x per capita cost of police protection f $23.87 lt3j =total police protection costs [ 1 3. General Government. Projected population at full development[ 1 x per capita cost of general government f $87.18 ]t3) = total general government costs f 1 4. Parks and Recreation. Projected population at full development f x per capita cost of park maintenance [$10.00 1 ) = total park maintenance costs f ] Projected population at full development [ 1 x per capita cost of recreation program f $50.00 1(3) = total recreation program costs f 1 5. Water Treatment and Delivery. Projected population at full development [ 1 x per capita cost of water treatment and delivery f $221.42 l(3)=total water costs [ NA 1 ('3 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. n)Contact the Town Clerk for current factors. 6. Sewer Collection and Treatment. Projected population at full development I 1 x per capita cost of sewer collection and treatment f $100.20 11" = total sewer costs [ 1 7. Storm Water and Drainage. Projected population at full development f 1 x per capita cost of storm water and drainage maintenance f 1(3) =total storm water costs [_ N/A 1 TOTAL RECURRING COSTS I $8,627 1 B. One-Time Costs. 1. Park and Recreation. Projected population at full development f 1 x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft.for recreation facilities f $65.00 it" =total recreation facilities costs f 1 2. Water Plant. Projected population at full development f 1 x gallons per capita [ 220 it"x cost per gallon of capacity f $5.50 lt't=total cost of water plant f NA 1 3. Sewer Plant. Projected population at full development f1 x gallons per capita [ 120 cal. 1c't x cost per gallon of capacity f $3.50 lt"=total cost of sewer plant f 1 TOTAL ONE-TIME COSTS f 1 TOTAL RECURRING REVENUES [$1.436,319 1 TOTAL RECURRING EXPENDITURES [ $8,6271 DIFFERENCE f$1.427.6921 TOTAL ONE-TIME REVENUES f$1,697,006 1 TOTAL ONE-TIME EXPENDITURES [ 1 DIFFERENCE [$1,697,0061 ♦MMM1*tkMMfkliil*llHNH*•fkMlfNHf*M11MN1k*NM*MkhkMllkHf (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. (')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: C//kdo_3 • Owner 1///� Date: 9 4/03 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. l Notary Public ) WASHINGTON SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT ercr•n.rtirm. State of Washington ss. County of /3/ -Icy I certify that I know or have satisfactory evidence that c e C� (la�•r Name of Signer is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: /--Z Y-o3 Month/Day/Year Oeia(‘ Signature of Notarizing Officer 1 WO 19Y Title( i as"Notary Public") *tart Public amts et tai— SUTiC7M A°p°i^�i*r+keM EL�bpJut to axe My appointment expires 7-/G-os Place Notary Seal Above Month/Day/Year of Appointment Expiration OPTIONAL Although the information in this section is not required by law, it may prove valuable to Right Thumbprint persons relying on the document and could prevent fraudulent removal and of Signer reattachment of this form to another document op of thumb here Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: C 1999 National Notary Association•9350 De Soto Ave., P.O. Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Item No.5906•Reorder Call Toll-Free 1-800-876-6827 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 th wner(s)of the subject pro , the owner(s), mortgage and/or lienholder shall also sign the Applic on.) Own : Date: 1/ zS/03 Owner: Date: cLL Applicant: Date: (att laadditionalsionaSurgsasltegem ) - GEM BACHOMAN _ air; CanNesion11362303 co //o Q^J 9 Helm Public-Cellfomie t ` ^/ UM MOSS COUrrty STATE OF COLORADO ) \ MYCarnt ISipaeeJun*2006 COUNTY OFCot 4714 SS. The foregoing instrument was acknowledged before me this S day of A Pr t / , 20n 3 by ,Q� .Rd Eoje My commission expires: s«-c- 1Sl 20153 Witness My hand and official seal. NSc—Et-a+- ublic nrn-r_tuna uY.a.rm Inum-,uM¢n ....)LL L OIUucn I-Io, r.uWucU I"-IIV 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 Iienholder shall also sign the Application) ` it, ate: S-74_3 vDeny, / L- Owner. / Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF 1 Thefo iry,in ft- moot �._ adcnowl.- did • I 71 /day at A "o 20 03 MY commission expires: i M. •`� ,s vs tNy hand and dal seal. • �' • I • •• . • , ry - ,is•'`. qTE. • 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 day of , A.D. 20 , by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Ray& Alma School LLC, 203 Parfitt Way SW, Suite 200, Bainbridge Island, WA 98110, hereinafter referred to as"the Owner," WITNESSETH: WHEREAS, the Owner owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: A portion of Section 35,Township 4 North, Range 68 West of the 6th P.M. (see legal description in Exhibit A). WHEREAS, the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS, the Owner desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of Annexation; and WHEREAS, the Parties hereto recognize that the land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses and recording documents; and WHEREAS, the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the project, including but not limited to engineering services, attorney fees, consultant fees, reproduction of material, securing permits and easements; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred will be made available to the Owner by the Town. Expenses charged to the Owner's account shall include, but shall not be limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. 2. EXPENDITURE OF FEES PAID BY THE OWNER. The Town shall expend the monies collected from the Owner in the form of land use fees, in the payment of expenses incurred in processing the Owner's request, through the development process until final completion of the project, including, but not limited to, fees charged to the Town for legal publications, engineering services, attorney services, consultant services, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. D-5FORM.WP5 October 26,1995 1 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request,through the development process until final completion of the project, greater than the monies collected from the Owner in the form of land use fees, the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten(10)days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due,the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees,other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property,the owner(s), mortgage and/or lienholder shall algo sign the App,iciation , ILL 4 4rq ft-11w, �" ��t1 ..�� Owner: � � � �N^4% Owner: Applicant: (attach additional signatures as necessary) ATTEST: TOWN OF MEAD By Town Clerk Mayor 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 D-5FORM.WP5 October 29,1995 2 WASHINGTON SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT MC.42.1.1001 ✓..vV.�{ n .�: �{ { {::..�{ G.{S.i�{ { :!R.. m. t'{r.��. a. ..�.!�.�Ca :!C i- i a:A/-e:✓.�aa�:�i:.YT<(.�:/�T:l, State of Washington • �/ ss. County of i7 9f� I certify that I know or have satisfactory evidence that f�iu c t ei- NewR v. Name of Sigar s. is the person who appeared before me, and said person acknowledged that he/she signed this v. instrument and acknowledged it to be his/her free 2 and voluntary act for the uses and purposes v. mentioned in the instrument. Dated: r-.21-O3 Month/Day/Year 2 Signature of Notarizing Officer 1 y fe 4 _ _ _ _ Ks/ /9Y ' Notary Public I Tiuueh as'Notary Public') i State of Washington I IQ2IST1 L SUTTON I % %9 I III AOpoinerent Evan Jul 16,2000 I s armrsurrupwringwewria My appointment expires 2• Place Notary Seal Above MontNDay/Year of Appointment Expiration v. V` r; OPTIONAL v. E; Although the information in this section is not required by law, it may prove valuable to Right Thumbprint �• persons relying on the document and could prevent fraudulent removal and of Signer y, reattachment of this form to another document. op of thumb here v. Description of Attached Document 9. %; Title or Type of Document: ': E• r. Document Date: Number of Pages: : r` Signer(s) Other Than Named Above: L:�:��! ""t` .. .sL.. ,ham:ti,. .sue.ti:h.'ti':'+Nm.��.i“:,%��'+&,:,y4 .:`,sue:;ti.“1"<:s'!.�,r�.s .\g:5 5 c 's cs!'+�•;%�:i: O 1999 National Notary Association•9350 De Soto Ave., P.O. Box 2402•Chatsworth, CA 91313-2402•www.nationalnotary.org Item No. 5906•Reorder: Call Toll-Free 1-800-876-6827 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request, through the development process until final completion of the project, greater than the monies collected from the Owner in the form of land use fees, the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10)days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise,the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF,the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment,the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner s)of the subject property, the owner(s), mortgage and/or lienholde a -Iso si n the • :�El - o ) Owner: r Owner: Applicant: (attach additional signatures as necessary) ATTEST: TOWN OF MEAD Town Clerk OEVIKBACHOIAN ayor _ `f: Commiskm 81382303 CA (tCOR,J n 1 ';tc-- I. Notary Publics-California STATE OF COLORAflO ) ]] S/'.% LCSAnQSW County SS. 7 _ _ MyCanrnt3gbaJun25.2008� COUNTY OF6S �s01 The fore oing nstrument was acknowledged before me this )C day of QP r: / 200 by /�w'r4in ir d Cn,-e My commission expires: 5u.e S, 6 Witness My hand and official seal. dea-ti otary Public D-5F0RM.WP5 October 24,1995 2 School Annexation Exhibit A LEGAL DESCRIPTION A PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER OF SECTION 27, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S 00°02'43" W A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE ALONG SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF INTERSTATE I-25 THE FOLLOWING FOUR (4) COURSES: 1. S 89°11'35" W A DISTANCE OF 2676.43 FEET; 2. S 89°13'12" W A DISTANCE OF 2608.68 FEET; 3. S 00°26'24" E A DISTANCE OF 2679.69 FEET; 4. S 00°27'11" E A DISTANCE OF 2614.07 FEET; THENCE S 88°58'43" W A DISTANCE OF 300.01 FEET TO THE WESTERLY LINE OF SAID INTERSTATE 1-25; THENCE ALONG THE WESTERLY LINE OF SAID INTERSTATE I-25 AND ALONG THE EASTERLY LINE OF THE FOLLOWING RECORDED ANNEXATIONS, "BELMONT PARK ANNEXATION" AND "MARGIL ANNEXATION NO. 2", THE FOLLOWING SEVEN (7) COURSES: 1. N 00°27'11" W A DISTANCE OF 2617.08 FEET; 2. N 00°26'24" W A DISTANCE OF 2593.31 FEET; 3. N 80°49'44" W A DISTANCE OF 497.00 FEET; 4. N 00°39'22" W A DISTANCE OF 60.00 FEET; 5. N 79°52'38" E A DISTANCE OF 498.54 FEET; 6. N 00°10'53" E A DISTANCE OF 2550.48 FEET; 7. N 00°24'15" E A DISTANCE OF 2690.96 FEET TO THE NORTHERLY LINE OF WELD COUNTY ROAD NO. 40; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: 1. N 89°07'14" E A DISTANCE OF 2921.32 FEET; 2. N 89°56'32" E A DISTANCE OF 2639.93 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 THE FOLLOWING TWO (2) COURSES: 1. S 00°01'45" W A DISTANCE OF 2676.52 FEET TO THE EAST ONE- QUARTER OF SAID SECTION 35; 2. S 00°02'43" W A DISTANCE OF 2056.24 FEET; THENCE THE FOLLOWING FOUR(4) 1. S 89°11'35" W A DISTANCE OF 1709.00 FEET; 2. S 00°02'43" W A DISTANCE OF 561.00 FEET; 3. N 89°11'35" E A DISTANCE OF 1709.00 FEET TO THE EAST LINE OF SAID SECTION 35; 4. THENCE S 00°02'43" W ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT AT&T PARCEL RECORDED JULY, 1967 IN BOOK 583 AT RECEPTION NO. 1505381 CONTAINING AN AREA OF 682.069 ACRES (NET) In the event that the Town incurs expenses for the conduct of the required annexation election that is less than those collected from the Applicant in the form of annexation election fees, the Town shall return to the Applicant those monies not spent. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Applicant may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the applicant, e.g., notify newspapers to cancel publications, etc. The Applicant will continue to be liable for all costs reasonably incurred by the Town prior to, and after, submitting a notice of termination. 5. COLLECTION OF FEES AND COSTS. If the Applicant fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Applicant have caused this Agreement to be duly executed on the day a... year first above written. THE PPLI NT THE TOWN OF MEAD By . By Its J And ATTEST: By By Its Its D-6FORM.WP5 October 20,1995 AFd-'LZ-ZUU3 MUM How UKtltK LULL It MAMA 1-101 r.uII/u6u r-nu 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town Incurs expenses for the review of the Owner's request,through the development process until final completion of the project,greater than the monies collected from the Owner in the form of land use fees,the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten(10)days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application,or deny approval of the application,withhold the issue ice of bullding permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise,the Owner may terminate his application at any time by giving written notice to the Town. The Town shell Immudiateiy take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g.,r otlfy newspapers to cancel publications.etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due,the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and 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 end the Owner have caused this Agreement to be duly executed on the day and year first above written.By this acknowledgment,the undersigned hereby certify that the above Information is complete and true.(If the applicant is not the owner(s)of the subject property,the owner(s),mortgage and/or lienholder shall also sign the Application.)r Owner:. J�C L ( `Lr`, G Owner: ,) Applicant (attach additional signatures as necessary) ATTEST: TOWN OF MEAD By Town Clerk Mayor STATE OF COLORADO ) SS. COUNTY OF ) yy,, G The fo in i sW nt,was acknowl-,-�egMlbtt,. ( L' day of 1, /r 200&by Malt /tcttLw ,... .., My commission expires: Q k�P' ��� Witness My hand and official seal. O. 'Z'•1•QQ�O : / Notari Pu Ic TE— O.5FORMWP5 Ott*C.26.1995 2 ADDENDUM This ADDENDUM TO TOWN OF MEAD LAND USE CODE FORM D-5 AGREEMENT FOR PAYMENT OF REVIEW AND DEVELOPM/NT EXPENSES INCURRED BY THE TOWN'this "Addendum") is made this , day of May, 2003, by and between DOUTHIT MEAD, LLC ("Seller"), and_ BRUCE GALLOWAY ("Galloway"), RICHARD L. ENGEL ("Engel") and PACIFIC WEST DEVELOPMENT, a California corporation ("Galloway", "Engel" and "Pacific West", respectively, and collectively, the "Buyer"), and RAY AND ALMA SCHOOL, L.L.C., an Arizona limited liability company("Ray and Alma School"). A. Seller is the seller and Pacific West is the original buyer under that certain Contract to Buy and Sell Real Estate (and Counterproposal) dated September 19, 2002 (the "Purchase Contract"), as amended by that certain Agreement to Amend/Extend Contract dated February 27, 2003. Pursuant to that certain Agreement to Amend/Extend Contract dated March 21, 2003, Pacific West ansigned all of its rights under the Purchase Contract to Galloway(as to an undivided 25% interest) and Engel (as to an undivided 75% interest), but was not released from it; obligations under the Purchase Contract. The property that is the subject of the Purchase Contract is located in Weld County,Colorado, and is described as follows: PARCELS 1, 2 AND 3 DESCRIBED ON EXHIBIT "A", ATTACHED HERETO (such parcels, collectively, the "Purchase Property", and each such parcel sometimes referred to herein as "Parcel 1", "Parcel 2" and "Parcel 3", respectively). B. On March 27, 2003, the Purchase Contract was consummated 2nd closed as to Parcel 1, and Seller conveyed Parcel 1 to Galloway and Engel at such closing. Seller retains • legal title to Parcel 2 and Parcel 3. Parcel 2 and Parcel 3 continue to be subject to the Purchase Contract. Pursuant to the Purchase Contract, the closing for Parcel 2 and Parcel 3 is to take place on or before March 17, 2004. C. Pursuant to an agreement dated September 14, 2002, entitled "Side Memo to the Contract dated 9/6/02 by and between Buyer and Seller", Seher agreed to cooperate with the Buyer and to authorize certain applications required, by the Town of Mead, for the Buyer's intended use of the Purchase Property, subject to the Buyer's agreement that all costs associated with such cooperation and suthorization would be paid by Buyer(the"Memo"). D. Buyer intends to purchase Parcel 2 and Parcel 3 and to develop the Purchase Property, plus other real property owned by one or more of the persons or entities constituting the Buyer (the Purchase Property, plus such other real property, the "Annexation Property"), through its affiliate (or otherwise related entity), Ray and Alma School. PAGE E. Buyer and Ray and Alma School have requested that Douthit execute the following documents, pertaining to the annexation of the Annexation Property by the Town of Mead, and executed or to be executed by the following parties: (i) Douthit (as an "Owner" thereunder); (u) one or more o: the persons or entities constituting the Buyer, and/or Ray and Alma School (as "Owner(s)" and/or "Applicant(s)" thereunder);and(iii) the Town of Mead: 1. Town of Mead Land Use Code Form D-5 Agreement for Payment of Review and Development Expenses Incurred by Town, dated May _, 2003. attached hereto and incorporated herein(the"Form D-5'); 2. Town of Mead Land Use Code Form O-4 Fiscal Analysis, dated May 2003, attached hereto and incorporated herein);and 3. School Property Petition for Annexation, dated May , 2003, attached hereto and incorporated herein.(the"Petition for Annexation") (the Form D-5, the Form D-4 and the Petition for Annexation, and any and all other documents, instruments and/or agreements with the Town of Mead or Weld County pertaining to the annexation of the Annexation Property, collectively, the "Annexation Doewnents"). F. Seller has agreed to execute the Form D-5, the Form D-4 and the Petition for Annexation,subject to the terms and conditions of this Addendum. NOW THEREFORE,in consideration of the foregoing,of the mutt al promises in the Memo, and other good and valuable consideration, Seller, Buyer and Ray and Alma School agree as tbllows: I. Seller agrees to execute the Form D-5, the Form D-4 and the Petition for Annexation, as they pertain to Parcel 2 and Parcel 3, subject to th' terms and conditions • set forth herein. 2. Ray and Alma School, Pacific West, Engel and Galloway, individually and collectively, jointly and severally, agree to be responsible for and shall timely pay all costs, expenses and fees for which the "Owner", "Applicant", "landowner" and/or "petitioner" are charged or for which such petson(s) or entity(ies) are obligated under the Annexation Documents (all such costs and expensive, collectively., "Costs"). Costs shall include, without limitation, the following: all land use fees; all costs and expenses that may be charged by or owed to the Town of Mead or Weld County under any Annexation Documents (whether or not enumerated), including all late fees, merest, and collection costs and attorneys' fees, and any and all other costs and/or expenses incurred or owed in connection therewith. Costs shall also include reimbursement, from Buyer to Seller, for Seller's attorney fees and expenses incurred in reviewing the Form D-5, Form D-4 and Petition for Annexation and the preparation of' this Addendum (in an amount not to exceed $1000.00). Buyer shall reimburse Seller for such attorney fees and costs within exec 2 five (5) business days after Seller's execution of this Addendum and delivery of this Addendum to Buyer. 3. Seller shall have the right, but not the obligation, to pay any Costs directly to the Town of Mead or Weld Cotuuy, as applicable;and Ray and Alma School, Pacific West, Engel and Galloway shall, within ten (10) days after notice from Seller of such payment, reimburse Seller therefor. 4. Ray and Alma School, Pacific West, Engel and Galloway, individually and collectively, jointly and severally, agree to and shall indemnify, defend, protect and hold Seller harmless from and against all Costs and all liabilities, claims, damages, costs or expenses under the Annexation Documents. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this paragraph or any other provisions of this Addendum, including reasonable costs and attorneys' fees. 3. This Addendum shall constitute an Addendum to each of the Annexation Documents, even if this Addendum is not physically attached to, or becomes separated from,the same. 6. This Addendum may be executed in counterparts. Facsimile signatures shall be acceptable. n / AGREED THIS 1 d DAY OF MAY, 2003: DOUTHIT MEAD,LLC, a Colorado limited liability company By: i" Glen S. Douthit, Manager PACIFIC WEST DEVELOPMENT, a California corporation By: 4Lg/i uce Galloway,he ident RAY AND ALMA SCHOOL L.L.C., an Arizona limited liability company By: IS---69-164 / Pfaff PAGE 3 Print Name: !emu C • G4{ialnny Title: ++Al RICHARD L. ENGEL,Individually 4C BCE GALLOWAY,In ' zdually PAGE 4 GAf/fv•it. .-. 1 � U 111! WELD COUNTY ROAD 40 — — — ` [, '"� in ttI. Sl II . — — / Ile o x 2 , I_ __ — — - - _:nn'0!'1n-w_ — — �_7�71 JG'1_)— - _�. �, •' � `. Al 1 ill I Woo I' H i- "r PARCI.L r .. t •nuu• Ar,' r rp• " y In in: riii P Z '� I i.�.., u,v�,'. .... ',� r.r rn t[ y, C7, ' r —_ -.-- fir.r_._--_— fj Z 1C, till Q g ¢, ' .".: ::... d._1i ' WI illi ell : !x€t t:-t tD I- — = Ce, x E ,t� [trill tZ' n I '� .: ? AIIC[r. C. it...s 8 2}'t: iif! .r,t)U. Al.irr:•. : :,\ !f;t� ���i itl �+ l\r + if I L it_ t1 W 7 , w' Ida e'; )IS[ \. __ _ _ n _ _ . . _. _ . — I is I z _ .. I 1I Stir LI � . It_ - I t 1:12 g .- . - yqr L _ It. 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Cleveland Ave. 'i •. 0 Loveland, Colorado 80537 '• / , t� (970) 669-0516 Fax: (970) 635-9775 -mail: intermill@gwest.net Exhibit A PROPERTY DESCRIPTION (PARCEL I} A portion of the Northwest Quarter of Section 35,Township 4 North, Range G8 West of the Sixth Principal Meridian, County of Weld, State of Colorado being more particularly described as follows; Considering the North line of the Northwest Quarter of Section 35,Township 4 North, Range 68 West as assumed to bear South 89°07'48" West and with all bearings contained herein relative thereto; Beginning at the Northeast corner of the Northwest Quancr of said Section 35, said point being the TRUE POINT OF BEGINNING; thence along the North line of said Northwest Quarter South 89°07'48" West 2621.76 feet to the East line of that certain parcel of land as described in Book 1041 at Page 278, records of Weld County; thence along said East line South 00°24'48" West 1628.83 feet; thence departing said East line North 89°07'48" East 2621.06 feet to the East line of said Northwest Quarter, thence along said East line North 00°26'16" East 1628.84 feet to the Northeast corner of said Northwest Quarter and the TRUE POINT OF BEGINNING, Said parcel contains 98.00 acres, more or less, and is subject to all existing casements and/or rights of way of record. Intermiii Lana burveyiny •Aeq,srnmd at Colorado R Wyornng• 0 1301 N. Cleveland Ave. S„ Loveland, Colorado 80537 (970) 669-0516 !rw `Y1Tv� Fax: (970) 635-9775 C-mail: inlcrmill@gwest.net Exhibit A PROPERTY DESCRIPTION (PARCEL 2) A portion of the West Half of Section 35, 'township 4 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado being more particularly described as follows; Considering the North line of the Northwest Quarter of Section 35,Township 4 North, Range 68 West as assumed to bear South 89°07'48" West and with all bearings contained herein relative thereto: Beginning at the Northeast corner of the Northwest Quarter of said Section 35; thence along the East line of said Northwest Quarter South 00°26'16" \Vest 1628.84 feet to the TRUE POINT OF BEGINNING;thence continuing along said East line South 00'26'16" East 1044.71 feet to the Southeast corner of the Northwest Quarter of said Section 35;thence along the East line of the Southwest Quarter of said Section 35 South 00°26'59" West 960.97 feet; thence departing said East line South 89°14'03" West 2620.00 feet to the East line of that certain parcel of land as described in Book 1041, at'Page 278, records of Weld County; thence along said East line North 00°25'08" East 306.63 feet to the Southwest corner of that certain parcel of land described in Book 583 at Reception No. 1505381, records of Weld County; thence departing said East line and along the South, East and North lines of said Book and Reception Number the following three(3) courses and distances; South 89°34'54"East 990.02 feet and again North 00°25'26"East 988.72 feet and again North 89°30'15" West 990.25 feet to the East line of that certain parcel of land as described in Book 1041, at Page 278, records of Weld County; thence along said East line North 00°24'48" East 704.20 feet; thence departing said East line North 89"07'48" East 2621.06 feet to a point on die East line of said Northwest Quarter and the TRUE POINT OF BEGINNING. Said parcel contains 98 00 acres, more or less, and is subject to all existing easements and/or rights of way . of record. • Intermill Land Surveying •nngrslomd rn Cobrula 6 Wyomm j. 1301 N. Cleveland Ave _/ Loveland, Colorado OOG37 (970) G69-0516 —11,1 . Fax: (970) 635-9775 Gmvl: inlermill@gwest ncl Exhibit A • PROPERTY DESCRIPTION (PARCEl, 3) A portion of the Southwest Quarter of Section 35,Township 4 North, Range 68 West of the Sixth Principal Meridian, County of Weld. State of Colorado being more particularly described as follows; Considering the North line of the Northwest Quarter of Section 35, Township 4 North, Range 68 West as assumed to bear South 89°07'48" \Vest and with all bearings contained herein relative thereto; Beginning at the Northeast corner of the Northwest Quarter of said Section 35; thence along the East line of said West Half South 00°26'16" West 2673.56 feet to the Southeast corner of the Northwest Quarter of said Section 35; thence continuing along said East line South 00°26'59" West 960.97 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line South 00°26'59" West 1694.49 feet to the Southeast corner of the Southwest Quarter of said Section 35; thence along the South line of said Southwest Quarter South 89°14'03" West 1869.09 feet to the Southwest corner of that certain parcel of land described in Book 1528, at Page 526, records of Weld County; thence along the East line of said parcel North 00°46'02" West 30.00 feet to the South line of that certain parcel of land described at Reception No. 2826736; thence along the South, East and North lines of said parcel the following four(4)courses and distances; North 89°14'03" East 140.35 feet and again North 00°45'53" West 40.00 feet and again South 89°14'03" West 137.60 feet and again North 83°01'30" West 568.55 feet to the East line of that certain parcel of land described in Book 1528, at Page 526, records of Weld County; thence along the East line of said parcel North I6°43'03" \Vest 632.92 feet to the East line of that certain parcel of land described in Book 104I,at Page 278, records of Weld County; thence along said Gast line North 00°25'08"West 938.10 feet; thence departing said East line North 89°14'03" East 2620,00 feet to a point on the East line of said West Half and the TRUE POINT OF BEGINNING. Said parcel contains 98.4 I acres, more or less, and is subject to all existing easements and/or rights of way of record. School Annexation Exhibit A LEGAL DESCRIPTION A PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER OF SECTION 27, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S 00°02'43" W A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE ALONG SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF INTERSTATE I-25 THE FOLLOWING FOUR(4) COURSES: 1. S 89°11'35" W A DISTANCE OF 2676.43 FEET; 2. S 89°13'12" W A DISTANCE OF 2608.68 FEET; 3. S 00°26'24" E A DISTANCE OF 2679.69 FEET; 4. S 00°27'11" E A DISTANCE OF 2614.07 FEET; THENCE S 88°58'43" W A DISTANCE OF 300.01 FEET TO THE WESTERLY LINE OF SAID INTERSTATE I-25; THENCE ALONG THE WESTERLY LINE OF SAID INTERSTATE I-25 AND ALONG THE EASTERLY LINE OF THE FOLLOWING RECORDED ANNEXATIONS, "BELMONT PARK ANNEXATION" AND "MARGIL ANNEXATION NO. 2", THE FOLLOWING SEVEN (7) COURSES: 1. N 00°27'11" W A DISTANCE OF 2617.08 FEET; 2. N 00°26'24" W A DISTANCE OF 2593.31 FEET; 3. N 80°49'44" W A DISTANCE OF 497.00 FEET; 4. N 00°39'22" W A DISTANCE OF 60.00 FEET; 5. N 79°52'38" E A DISTANCE OF 498.54 FEET; 6. N 00°10'53" E A DISTANCE OF 2550.48 FEET; 7. N 00°24'15" E A DISTANCE OF 2690.96 FEET TO THE NORTHERLY LINE OF WELD COUNTY ROAD NO. 40; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: 1. N 89°07'14" E A DISTANCE OF 2921.32 FEET; 2. N 89°56'32" E A DISTANCE OF 2639.93 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 THE FOLLOWING TWO (2) COURSES: 1. S 00°01'45" W A DISTANCE OF 2676.52 FEET TO THE EAST ONE- QUARTER OF SAID SECTION 35; 2. S 00°02'43" W A DISTANCE OF 2056.24 FEET; THENCE THE FOLLOWING FOUR(4) 1. S 89°11'35" W A DISTANCE OF 1709.00 FEET; 2. S 00°02'43" W A DISTANCE OF 561.00 FEET; 3. N 89°11'35" E A DISTANCE OF 1709.00 FEET TO THE EAST LINE OF SAID SECTION 35; 4. THENCE S 00°02'43" W ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT AT&T PARCEL RECORDED JULY, 1967 IN BOOK 583 AT RECEPTION NO. 1505381 CONTAINING AN AREA OF 682.069 ACRES (NET) TOWN OF MEAD LAND USE CODE Form D-6 AGREEMENT FOR PAYMENT OF ANNEXATION ELECTION EXPENSES THIS AGREEMENT, made and entered into this day of , A.D. 20_, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Ray&Alma School LLC, 203 Parfitt Way SW, Suite 200, Bainbridge Island,WA 98110, 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 portion of Section 35, Township 4 North, Range 68 West of the 6th P.M. (see legal description in Exhibit A). 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. D-6FORM.WP5 October 26,1995 In the event that the Town incurs expenses for the conduct of the required annexation election that is less than those collected from the Applicant in the form of annexation election fees, the Town shall return to the Applicant those monies not spent. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Applicant may termhate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the applicant, e.g., notify newspapers to cancel publications, etc. The Applicant will continue to be liable for all costs reasonably incurred by the Town prior to, and after, submitting a notice of termination. 5. COLLECTION OF FEES AND COSTS. If the Applicant fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees,other costs incurred in collection and interest on the amount due at the rate of 18%per annum. IN WITNESS WHEREOF, the Town and the Applicant have caused this Agreement to be duly executed on the day and yearn first above written. THE APPLICANT PI,i Or if 4i rplekall THE TOWN OF MEAD By ifrif C6/19.67 By Its AOM £ its ) And ,�jy/' /��p/�� ATTEST: By "�'r/`---t7-w ' By Its Its O-6FORM WP5 October 25,1995 School Annexation Annexation Base Fees 1. Application Fees (non-refundable) 1.1 Annexation: $300.00 1.2 Concept Plan:$50.00 2. Engineering Plans Check (non refundable) 2.1 Fee $350.00 3. Cash Deposits (refundable) 3.1 Town Processing $5,000.00 3.2 Election Costs $500.00 PWID., INC' MANUFACTURERS BANK 10140 ACCOUNT NO.2 9701 WILSHIRE BLVD. 9440 SANTA MONICA BLVD.,#706 BEVERLY HILLS,CA 90212 BEVERLY HILLS,CA 90210 (310)786-8043 (310)275-9831 16-2607/1222 'Ay **** THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS TO THE DATE AMOUNT ORDER OF 06/02/03 $3 , 500 . 00*** Town Of Mead P.Q. Box 626 Mead, CO 80542-0626 4 -, OO1O14Oe •: & 222260760 03" 2 & 2 6i011• DATE:06/02/03 CK#:10140 TOTAL:$3,500.00*** BANK:Olive - BEVNORM OLIVE L.L.C. PAYEE:Town Of Mead(townnead) Property Address Invoice Description Amount BEVNORM OLIVE, INC. 3,500.00 3,500.00 M_ AwoM(<ND y1_t.+n Y• :�W 4 L 9440 SAKfA.MONICA BLVD.,#706 Y• tt,, '` *:n > �C "-'T . " CJInafs. "� " -< - • BEVERLY FILLS.CA 90210 - - 5 ., '� . . `' �'` „- r 1-9831 - �k £_ 4L28077f222 ( • ;.*** SEVEN HUNDRED- „ TO THE TE AMOUNT ORDER OF DA04/23/03 $700 Town Of MeadR k P.O. Box 626 Mead, CO 80542-06;f I'Q LQ L 3 21• CL �� 14 ' r f Et. � f PWE3;INC:4 L� ACCOUNTHa2 'fAOtW FSMREBLVET s*`- ' te 9440 SANER MONICA BLVD.,#706 BEVERLY HILLS,CA 90210(310)275-9831 '` "'^'S-. '` '�a�`16-2607[1m _. I -:*** Tw0'TxoUSAND g ua �� = TOz.. .....—_. ••_UN--t- ORL JF - DATE T 04/23/03 $2, 040. 00*** . Town Of Meador P.O. Box 626 Mead, CO 80542 0626r 4 .,3�•'. tf Y AY'Y w❑ LO 13 3"I• 1: L eta? Q?61. a.Q3a, L 2 6 toe `�4 Jr 999 18th,Suite 1500 TurnerCollie5Braden Inc. Denver,Colorado 80202-0202 Tel.1303)298-7117 Fax:13031296-1124 Engineers • Planners • Project Managers May 5, 2003 Michael D. Friesen Town Administrator Town of Mead 441 Third Street Mead, CO 80542-0626 Re: Annexation & Zoning Application - School Property Section 35, T4N, R68W, 6`h P.M. Dear Mr. Friesen: On behalf of Glen Douthit and Ray & Alma School LLC, the owners, and Ray& Alma School LLC, the applicant, we respectfully request annexation of the subject property to the Town of Mead for the purpose of creating a commercial development and possible future residential development. These developments will consist of land to be zoned commercial along the east side of I-25 and land to be zoned agriculture in the eastern three-quarters of the property. Future re-zoning of the agriculture zoned lands will most probably be residential. These land uses are within the proposed land use goals in the Mead Area Comprehensive Plan. In addition, this development will promote economic development within the Town of Mead, generate additional revenue for infrastructure and services and provide a variety of commercial and retail services along the east side of I-25. School Property Annexation Location: The Ray & Alma School LLC. and Douthit properties are located in Section 35, T4N, R68W, 6th P.M. The property is bordered on the south by WCR 38, on the north by future WCR 40, on the east by the Section 35 line and on the west by Interstate 25. The property consists of approximately 590 acres. A gentle ridge divides the property with drainage typically flowing towards the northwest and southeast. An irrigation ditch traverses the southeastern portion of the property. Proposal: We request that a portion of the property be zoned commercial (approximately 94.3 acres) and the remainder of the property be zoned agriculture (approximately 495.5 acres) in accordance with the Mead Area Comprehensive Plan for the area adjacent the property. The property that is proposed zoned commercial includes about 94.3 acres along the frontage road east of 1-25 between WCR 38 and WCR 40. The land that is proposed zoned commercial is split into two sections by an AT&T communications facility. The land east of the commercial area of approximately 495.5 acres will be zoned agriculture. Access to the commercial areas will be Established in 1946 Engineering Excellence for Over One- Half Century ANA EC O M COMnAN' along the frontage road east of I-25 between WCR 38 and WCR 40. Furthermore, an interchange along I-25 at WCR 38 has been proposed and is in the planning stages. Economic Development: This proposed annexation will provide the opportunity for new retail and commercial development within the Town of Mead and particularly the area east of I-25. The commercial land use is consistent with the goals of the Mead Area Comprehensive Plan. We respectfully request that annexation and zoning of the School property be included as an item on the Town Election ballot in the Summer of 2003 or at the latest in October 2003. Please do not hesitate to contact us with questions or to request additional information. tfully submitted, 1 asters, P.E. Principal Turner Collie & Braden Inc. SCHOOL PROPERTY PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: (We), Ray&Alma School LLC and Douthit Mead LLC, 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 portion of Section 35, Township 4 North, Range 68 West of the 6t° P.M. (see legal description in Exhibit A). 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 and in Exhibit A be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00)for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Mead will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Mead but is not bounded on both sides by the Town of Mead. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Mead and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classifications (land uses) requested for the area proposed to be annexed are commercial and agricultural 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.) by ►.d htq of LLL Owner: --4/"r Date: ti 12 f IOJ Owner: Date: ti/1003 Applicant: Date: 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 WASHINGTON SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT pww,i....,d1 State of Washington /� ss. County of /5 7`f°� I certify that I know or have satisfactory evidence that ,/�rcf C G 6//0_• ay Name of Signer / is the person who appeared before me, and said • person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 5/'.2 9- OS Month/DayNear Signature of Notarizing Officer —aaa � x/ ` 3�U Notary Public Title(Notary Public') Silts or Washington 1 16t1Sii L SUTTON My Appointment Expwes Jul 16.2006 My appointment expires 7-/6 —OS Place Notary Seal Above Month/Day/Year of Appointment Expiration OPTIONAL Although the information in this section is not required by law, it may prove valuable to Right Thumbprint persons relying on the document and could prevent fraudulent removal and of Signer reattachment of this torn to another document op of thumb here Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: O 1999 National Notary Association•9350 De Soto Ave., P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Item No.5906•Reorder:Call Toll-Free 1-600-876-6827 6. The zoning classifications (land uses) requested for the area proposed to be annexed are commercial and agricultural 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 Applicati Own Date: V/ls/as Owner: Date: Applicant: Date: 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 APK-^22-ZUU3 U4:37YN IUTAFIUMM6M CULLIt MUM T-161 P.016/020 F-ll0 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 classifications(land uses) requested for the area proposed to be annexed are commercial and agricultural 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 lienhoider shall slqn t1i i Application.) Owner.. &v 1 • S" J'V G"l t .�rate: \S"/a 0 3 Owner. I Date: Applicant: Date: STATE OF COLORADO ) SS. 4-14 COUNTY OF The foregoing iret(ument J as so -,.• L;• = me this f _ day of , 2OO„�by �t'1i�! �J0., 14 i Q�1�.••. ... . R. ti My commission expires: : F Witness My hand and official s`tt aD' lop 1 s Z° l y % l: i,' Notary Public Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned Ray and Alma Scool LLC April 24, 2003 A portion of the East 1/2 of Section 35, Bruce Galloway T4N, R68W, of the 6`" P.M. 203 Parfitt Way SW Suite 200 Bainbridge Island, WA 98110 Ray and Alma School LLC April 25, 2003 A portion of the East 'A of Section 35, Richard Engel T4N, R68W, of the 6th P.M. 203 Parfitt Way SW Suite 200 Bainbridge Island, WA 98110 Douthit Mead LLC A portion of the West 1/2 of Section 35, By Glen S. Douthit T4N, R68W, of the 6`" P.M. I AFFIDAVIT OF CIRCULATOR STATE OF COLORADO DCt rZ ) ss. COUNTY OF Vftii...17 N.ol. g CLAVA49t stej , being first duly sworn upon oath, deposes and says tat(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 a 's the sign re of the person whose name it purports to be. Circulator STATE OF COLORADO ) SS. COUNTY OF Dellver ) f r. The fore oing instrume t was acknowledged before me this 5 — day of Vtc7� 2D03 by a-FLy 5 My commission expires: r✓ i/ � �e Witness My hand and official seal. =IA,„�p � Notary Public School Annexation Exhibit A LEGAL DESCRIPTION A PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER OF SECTION 27, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S 00°02'43" W A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE ALONG SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF INTERSTATE I-25 THE FOLLOWING FOUR (4) COURSES: 1. S 89°11'35" W A DISTANCE OF 2676.43 FEET; 2. S 89°13'12" W A DISTANCE OF 2608.68 FEET; 3. S 00°26'24" E A DISTANCE OF 2679.69 FEET; 4. S 00°27'11" E A DISTANCE OF 2614.07 FEET; THENCE S 88°58'43" W A DISTANCE OF 300.01 FEET TO THE WESTERLY LINE OF SAID INTERSTATE I-25; THENCE ALONG THE WESTERLY LINE OF SAID INTERSTATE I-25 AND ALONG THE EASTERLY LINE OF THE FOLLOWING RECORDED ANNEXATIONS, "BELMONT PARK ANNEXATION" AND "MARGIL ANNEXATION NO. 2", THE FOLLOWING SEVEN (7) COURSES: 1. N 00°27'11" W A DISTANCE OF 2617.08 FEET; 2. N 00°26'24" W A DISTANCE OF 2593.31 FEET; 3. N 80°49'44" W A DISTANCE OF 497.00 FEET; 4. N 00°39'22" W A DISTANCE OF 60.00 FEET; 5. N 79°52'38" E A DISTANCE OF 498.54 FEET; 6. N 00°10'53" E A DISTANCE OF 2550.48 FEET; 7. N 00°24'15" E A DISTANCE OF 2690.96 FEET TO THE NORTHERLY LINE OF WELD COUNTY ROAD NO. 40; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: 1. N 89°07'14" E A DISTANCE OF 2921.32 FEET; 2. N 89°56'32" E A DISTANCE OF 2639.93 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 THE FOLLOWING TWO (2) COURSES: 1. S 00°01'45" W A DISTANCE OF 2676.52 FEET TO THE EAST ONE- QUARTER OF SAID SECTION 35; 2. S 00°02'43" W A DISTANCE OF 2056.24 FEET; THENCE THE FOLLOWING FOUR(4) 1. S 89°11'35" W A DISTANCE OF 1709.00 FEET; 2. S 00°02'43" W A DISTANCE OF 561.00 FEET; 3. N 89°11'35" E A DISTANCE OF 1709.00 FEET TO THE EAST LINE OF SAID SECTION 35; 4. THENCE S 00°02'43" W ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT AT&T PARCEL RECORDED JULY, 1967 IN BOOK 583 AT RECEPTION NO. 1505381 CONTAINING AN AREA OF 682.069 ACRES (NET) NORTH AMERICAN TITLE COMPANY 110 E. Oak Street, Suite 100 Fort Collins, CO 80524 Phone: (970)484-8800 Fax: (970)482-2962 , YOUR CLOSER, CAN BE REACHED AT Susan L. May , YOUR TITLE OFFICER, CAN BE REACHED AT (970)484-8800 OUR FILE NO: FTT 205387 ISSUE DATE: 04/28/03 PROPERTY ADDRESS: Vacant Land REFERENCE#: DELIVER TO: THANK YOU FOR GIVING US THE OPPORTUNITY TO SERVE YOU al NORTH miAM�ICAN COMPANY Like Clockwork" 'am NO.0343(CO-90) ALAPlain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY NORTH AMERICAN TITLE COMPANY OF COLORADO NORTH AMERICAN TITLE COMPANY OF COLORADO 110 EAST OAK STREET, SUITE 100 FORT COLLINS, COLORADO 80524 TELEPHONE (970) 484-8800 FAX (970) 482-2962 AGREEMENT TO ISSUE POLICY NORTH AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent,identified above, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment.When we show the policy amount and your name as the proposed insured in Schedule A,this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date,our obligation under this Commitment will end.Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule 8-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. E L v� NORTH AMERICAN TITLE INSURANCE COMPANY a TH `:o , �u� BY i_ y't!f,G ee.✓ PRESIDENT CINC0RPr.RATED eBY SECRETARY Page 1 CONDITIONS 1. DEFINITIONS (a) "Mortgage"means mortgage, deed of trust or other security instrument. (b) "Public Records"means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B- Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them.If we do amend Schedule B to show these defects,liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim,whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. NORTH AMERICAN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. EFFECTIVEDATE:04/11/03 AT 7:30 AM. FILE NO.FIT 205387 2. POLICY OR POLICIES TO BE ISSUED: PREMIUM (A) ALTA Owner's AMOUNT:: $ $ 168.00 PROPOSED INSURED: To Be Determined PREMIUM (B) ALTA LOAN POLICY AMOUNT: $ $ PROPOSED INSURED: PREMIUM (C) ALTA LOAN POLICY AMOUNT: $ $ PROPOSED INSURED: PREMIUM WAS CALCULATED AT A TBD rate ADDITIONAL CHARGES: Tax Statement Fee 40.00 TOTAL: $ 208.00 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: Douthit Mead, LLC a Colorado Limited Liability Company 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: (continued) ISSUED BY: FOR INFORMATIONAL PURPOSES: NORTH AMERICAN TITLE COMPANY OF COLORADO Vacant Land BY: Susan L. May /Title Officer sm ISSUED DATE: 04/28/03 LEGAL DESCRIPTION (continued) Pile No. PTT 205387 The W 1/2 of Section 35, Township 4 North, Range 68 West of the 6th P.M. , EXCEPT that portion conveyed to the County of Weld by Deed recorded April 25, 1939 in Book 1041 at Page 278 and ALSO EXCEPT that parcel conveyed to the Department of Highways by instrument recorded April 8, 1959 in Book 1528 at Page 526 and that parcel conveyed to American Telephone and Telegraph Company by Deed recorded July 5, 1967 in Book 583 at Reception No. 1505381 and that portion conveyed by Quit Claim Deed recorded February 20, 2001 at Reception No. 2826736. County of Weld, State of Colorado. COMMITMENT File Nana' 205387 • SCHEDULE B -SECTION 1 REQUIREMENTS The following are requirements to be complied with prior to the issuance of said policy or policies: A. Payment to or for the account of the grantors or mortgagors of full consideration for the estate or interest to be insured B. Proper instrument(s) creating the estate or interest to be insured must be executed and unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located C. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured. D. Deed of Trust sufficient to encumber the estate or interest in the land described or referred to herein for the benefit of the Proposed Insured. E. Payment of all taxes and assessments now due and payable. A tax certificate has been ordered. F. Execution of the Company' s lien affidavit by the Owner(s) . In the event the lien affidavit discloses the existence of new construction on the property within the past 6 months or plans for the commencement of new construction, additional requirements may be made. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary when the name of the Proposed Insured has been disclosed. G. Prior to closing, a copy of the Articles of Organization for Douthit Mead, LLC, a Colorado limited liability company filed with the Secretary of State and a copy of the Operating Agreement must be furnished to the Company. NOTE: If said Articles disclose the members/managers as other entities the proper authority documents for those entities will also be required. COMMITMENT File No. n-r 205387 SCHEDULE B - SECTION 1 Notes NOTE: PURSUANT TO C.R.S. 30-10-106(3)(a) ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERIC 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 WILL REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM TO REQUIREMENTS OF THIS PARAGRAPH. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS S100,000.00,THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-122), THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: PURSUANT TO SENATE BILL 91-14 (C.RS. 10-11-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) 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: PURSUANT TO C.R.S. 38-35-125(2) NO PERSON OR ENTITY THAT PROVIDES CLOSING AND SETTLEMENT SERVICES FOR A REAL ESTATE TRANSACTION SHALL DISBURSE FUNDS AS A PART OF SUCH SERVICES UNTIL THOSE FUNDS HAVE BEEN RECEIVED AND ARE AVAILABLE FOR IMMEDIATE WITHDRAWAL AS A MATTER OF RIGHT... NOTE: PURSUANT TO C.R.S. 10-11-123 NOTICE IS HEREBY GIVEN: (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. A copy of the attached Privacy Policy Notice is to be provided to all parties involved in this transaction. NORTH AMERICAN ■COMPANY FOR YOUR CONVENIENCE, NORTH AMERICAN TITLE'S WIRING INSTRUCTIONS ARE AS FOLLOWS: Wire To: WELLS FARGO BANK WEST, N.A. FORT COLLINS P.O. BOX 5247 DENVER, COLORADO ABA#: 102 000 076 Credit To: NORTH AMERICAN TITLE COMPANY OF COLORADO, FORT COLLINS Account #: 1015385956 Please Reference: COMMITMENT NUMBER BORROWER'S NAME PROPERTY ADDRESS COMMITMENT File No. F rr 205387 SCHEDULE B - SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same we 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 heretofore 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 the Commitment 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Water rights, claims or title to water, whether or not shown by the public records. (continued) Schedule B - Section 2 Commitment (NA) SCHEDULE B, PART 2 - Exceptions (cont'd) File No. FTT 205387 8 Reserving to said Union Pacific Railroad Company, its successors and assigns, (1) all oil, coal and other minerals, within or underlying said lands; (2) the exclusive right to prospect in and upon said land, for oil, coal and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all oil, coal, and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all oil, coal, and other minerals which may be found thereon by anyone; (3) the right of ingress and regress upon said land to prospect for mine and remove any and all such oil, coal and other minerals, and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads, and approaches thereto or for removal therefrom of oil and coal, mineral, machinery or other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction, or method of operation of said railroad all as reserved in Deed recorded April 28, 1909 in Book 233 at Page 206. 9. Reservation(s) as contained in Patent recorded January 28, 1902, in Book 201 at Page 401. Said reservation(s) being as follows: "All Mineral Lands, " should any such be found to exist in the tracts described in the foregoing, but the exclusion and exception according to the terms of the statute "shall not be construed to include coal and iron land. " 10. Rights of Way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273 . 11. Right of way as conveyed to Wyco Pipe Line Company by instrument recorded March 13, 1947 in Book 1199 at Page 389. 12. An easement for right of way and incidental purposes granted to The American Telephone and Telegraph Company by the instrument recorded May 16, 1968 in Book 595 at Reception No. 1516509. 13. Such rights as may exist over that portion of land lying within County Road No. 38 and the Highland Ditch. 14 . Terms, conditions, provisions, agreements, and obligations specified under the Notice recorded October 5, 1981 in Book 949 at Reception No. 1871004. 15. An oil and gas lease, executed by Emil A. Olson and Ethel Olson, as Lessor(s) and by Martin J. Freedman, as Lessee(s) , for a primary term of 5 years, dated April 22, 1970 and recorded May 26, 1970 in Book 626 at Reception No. 1548041, and any and all assignments thereof or interests therein. (continued) SCHEDULE B, PART 2 - Exceptions (cont'd) File No. FTT 205387 16. 1/2 interest in all oil, gas and/or other minerals as reserved by Deed recorded January 14, 1974 in Book 706 at Reception No. 1628250, and any and all assignments thereof or interests therein. 17. 1/2 interest in and to all fossil fuel, oil, gas and minerals on and under said land as set forth in Deed recorded July 17, 1979 in Book 875 at Reception No. 1797000. 18. An easement for right of way and incidental purposes granted to The Little Thompson Water District by the instrument recorded August 29, 1989 in Book 1242 at Reception No. 2189962. 19. An easement for right of way and incidental purposes granted to Central Weld County Water District by the instrument recorded December 5, 1989 in Book 1250 at Reception No. 2199410. 20 . Terms, conditions, provisions, agreements, and obligations specified under the Memorandum of Option and Lease Agreement recorded July 20, 1995 at Reception No. 2447517. 21. Terms, conditions, provisions, agreements, and obligations specified under the Memorandum of Lease recorded December 13, 1996 at Reception No. 2525000. 22 . An easement for right of way and incidental purposes granted to Western PCS III License Corporation by the instrument recorded February 26, 1997 at Reception No. 2535047. 23 . Terms, conditions, provisions, agreements, and obligations specified under the Site Specific Development Plan USR #1126 recorded march 18, 1997 at Reception No. 2538424. 24 . An easement for right of way and incidental purposes granted to Western PCS III License Corporation by the instrument recorded March 19, 1997 at Reception No. 2538462. NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 35-1) A. "GAP" PROTECTION When North American Title Company of Colorado,(hereinafter referred to as"Company"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction,the Company shall be responsible for any deeds,mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No coverage will be afforded against deeds,mortgages, lis pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction,improvements or major repairs have been 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 be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. 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 you have contracted or agreed to pay. 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. Privacy Policy Notice (as of July 1, 2001) We at the North American Title family of companies take your privacy very seriously. We do not share your private information with anyone except as necessary to complete your real property, title insurance and escrow transaction. OUR PRIVACY POLICIES AND PRACTICES 1. Information we collect and sources from which we collect it: We collect nonpublic personal information about you from the following sources: *Information we receive from you on applications or other forms. *Information about your transactions with us, our affiliates or others. *Information from non-affiliated third parties relating to your transaction. "Nonpublic personal information" is nonpublic information about you that we obtain in connection with providing a product or service to you. 2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliates without your express consent, except as permitted or required by law. We may disclose the nonpublic personal information we collect, as described above, to persons or companies that perform services on our behalf regarding your transaction., "Our affiliates" are companies with which we share common ownership and which offer real property, title insurance, or escrow services. 3. Our security procedures: We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted or required by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information. 4. Your right to access your personal information: You have the right to review your personal • information that we record about you. If you wish to review that information, please contact your local North American office and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 5. Customer acknowledgement: Your receipt of a copy of the preliminary report, commitment, your policy of insurance, or escrow documents accompanied by this Notice will constitute your acknowledgement of receipt of this Privacy Policy Notice. I. North Arnaican Title may also share year information with an insurance institution.credit reporting agency,insurance revisory authority,law enforcement,other governmental authority,away or other r asarch organization for purposes of detecting or preventing fraud,comes,or mismpresenauons in connection with an insurances real estate transaction,resolving claims or service dispute.investigating srnpected illegal or unlawful activities,or for conducting flank or research studies. WELD COUNTY TITLE COMPANY Downtown-1221 8th Avenue,Greeley, Colorado 80631 (970) 356-3232 Fax(970)356-3248 West- 1009 37th Ave. Ct.,Suite 101,Greeley, Colorado 80634 (970)351-0007 Fax(970) 351.6633 Mountain Vista-7251 W. 20th St.,Bldg L, Suite 100, Greeley,CO 80634(970)330-7222 Fax(970)330-5477 TITLE TRANSMITTAL Date: APRIL 28, 2003 WCTC Order No.: LX68281 Purported Address: Owner/Borrower: RAY AND ALMA SCHOOL, LLC, AN ARIZONA LIMITED LIABILITY COMPANY Purchaser: Title Examiner: KATHY OLSON - DOWNTOWN - (970)356-3232 Designated Closer: Enclosed please End: ✓ Tide Commitment Tax Certificate Copy of Covenants (attached to Purchaser's copy of commitment) Copy of Plat(attached to Purchaser's copy of commitment) Endorsement to Commitment Other Customer: URNER COLLIE & BRADEN 999 18TH STREET SUITE 1500 DENVER, COLORADO 80202 ATTN: CASSEY HARDESON - - Copy List - - PACIFIC WEST DEVELOPMENT ATTN: BRUCE GALLOWAY RECD APR 3 0 2003 We appreciate the opportunity to provide your title insurance and closing needs. ISSUED BY COMMITMENT FOR TITLE INSURANCE LawyersTdeInsurance Crporation LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION oss9Bq,yclhl pit ,....__. 14 Attest //// / "` i to,Jr. SE A ' , By: r . apa,t- igi C/// Secretary y65\ 1925 re President 911111,f,r`fl. arrr Conditions and Stipulations 1. The term "mortgage,"when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment- 1966 Cover Page Fnrm 1nnt RR ORIGINAL COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE A 1. Effective Date: APRIL 11, 2003 @ 7:00 A.M. RE: Our Order No. : LX68281 2 . Policy or Policies to be issued: A. ALTA Owner' s Policy Amount $ Proposed Insured: B. ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: RAY AND ALMA SCHOOL, LLC, AN ARIZONA LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is described as follows : "SEE SCHEDULE A CONTINUED" - 1 - COMMITMENT FOR TITLE INSURANCE * * • * * SCHEDULE A "CONTINUED" RE: Our Order No. : LX68281 The E1/2 of Section 35, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, excepting therefrom the following described property: A tract of land located in the SE/4 of Section 35 described as follows: Commencing at the Southeast corner of said Section 35 and considering the South Line of said SE1/4 to bear North 90°00 '00" West, with all other bearings contained herein being relative thereto: Thence North 00°50'42" East, 30.00 feet along the east line of said SE1/4 to a point on the north right-of-way line of Weld County Road No. 38 and the True Point of Beginning; Thence North 90°00'00" West, 1709.00 feet along said north right-of-way line, Thence North 00°50'42" East, 561.00 feet parallel with the east line of said SE1/4; Thence South 90°00 '00" East, 1709.00 feet parallel with the south line of said SE1/4 and to a point on the East line of said SE1/4; Thence South 00°50 '42" West, 561.00 to the True Point of Beginning. COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 1 RE: Our Order No. : LX68281 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument(s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: NONE - INFORMATION ONLY - 2 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : LX68281 EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: (a) 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; (b) Standard and Special Exceptions : 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 heretofore or hereafter furnished, imposed by law and not shown by the public records . 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 2003, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Right of way for county road and incidental purposes 30 feet wide on either side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 . 8. Reservation as contained in Patent recorded February 2, 1903 in Book 201 at Page 401, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist, but this exclusion and exception shall not be construed to include coal and iron land. CONTINUED NEXT PAGE - 3 - 3-2 CONTINUED LX68281 9 . Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed recorded APRIL 28, 1909 in BOOK 233 at PAGE 206, (1) all oil, coal, and other minerals, within or underlying said lands; (2) the exclusive right to prospect in or upon said land for oil, coal -and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all oil, coal and other minerals which may be found thereon by anyone; (3) the right of ingress and regress upon said land to prospect for, mine and remove any and all such oil, coal and other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such propect places, mines, and for roads and approaches thereto or for removal therefrom of oil and coal, minerals, machinery, or other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad; and any interests therein, assignments or conveyances thereof. 10 . Right of way for transportation of water and incidental purposes as granted to Emil A. Olson by instrument recorded April 25, 1951 in Book 1301 at Page 309, said right of way being described as: Beginning at the Southeast corner of the SE1/4 of Section 35, Township 4 North, Range 68 West of the 6th P.M. ; thence north 640 feet to the True Point of Beginning; thence westerly a distance of 800 feet to a sump as now located; thence from said sump northwesterly 850 feet. 11. The effect, if any, of ORDER OF INCLUSION recorded July 26, 1976 in Book 772 as Reception No. 1694425, and Order of correction recorded July 26, 1976 in Book 772 as Reception No. 1694426, which purports to include the subject property within the boundaries of the THE LONGMONT FIRE PROTECTION DISTRICT. (NE1/4) CONTINUED NEXT PAGE - 4 - B-2 CONTINUED LX68281 12 . Right-of-way easement and Agreement for water transmission or distribution line or system and incidental purposes as granted to Central Weld County Water District by instrument recorded December 5, 1989 in Book 1250 as Reception No. 2199407, said right-of-way easement being for a 20 .00 feet wide water line easement and a 45 .00 feet wide temporary construction easement on, over and across a portion of the SE1/4 of Section 35, Township 4 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows: Said 20 .00 feet wide permanent water line easement shall be 10 .00 feet each side measured at right angles and parallel to the following described centerline; the sidelines of said easement shall be prolonged or foreshortened so as to terminate on the North-South centerline of said Section 35 and the West line of that certain parcel of land described in deed, recorded in Book 1260, Page 174 of said County; Considering the South line of the SE1/4 of said Section 35 as bearing North 89°58' 11" East and with all bearings contained herein relative thereto: Beginning at the South One Quarter Corner of said Section 35; thence along the North-South centerline of said Section 35 North 01°12 '47" East 85.58 feet to the True Point of Beginning; thence departing said North-South centerline South 46°01'25" East 65.58 feet; thence North 89°58 '11" East 837.69 feet more or less to the Easterly terminus of said easement; said 45.00 feet wide temporary construction easement shall be 10 .00 feet South of and 35.00 feet North of as measured at right angles and parallel with the following described line; the sidelines of said easement shall be prolonged or foreshortened so as to terminate on the North-South centerline of said Section 35 and the westerly line of that certain parcel of land described in deed, recorded in Book 1260, Page 174, records of said County; Considering the South line of the SE1/4 of said Section 35 as bearing North 89°58'11" East and with all bearings contained herein relative thereto; Beginning at the South One Quarter Corner of said Section 35; thence along the North-South centerline of said Section 35 North 01°12 '47" East 85 .58 feet to °the True Point of Beginning; thence departing said North-South centerline South 4601'25" East 65 .58 feet; thence North 89 58' 11" East 837 .69 feet more or less to the Easterly terminus of said easement. 13. Right-of-way easement and Agreement for underground water pipeline and incidental purposes as granted to Michael Hayden and Judy O. Hayden by instrument recorded February 8, 1990 in Book 1255 as Reception No. 2204894, said right-of-way easement being a 30 foot wide easement for maintenance of an existing pipeline, said easement being a tract of land located in the SE1/4 of Section 35, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado and being more particularly described as follows: Commencing at the Southeast corner of said Section 35 and considering the South line of said SE1/4 to bear North 90°00 ' 00" West, with all other bearings contained herein being relative thereto: Thence North 00°50 '42" East, 591.00 feet along the east line of said SE1/4; Thence North 90°00 ' 00" West, 951.31 feet to the True Point of Beginning; Thence North 90°' 00' 00" West, 32 .68 feet; Thence North 23°21' 16" West, 442 .67 feet; Thence North 66°38'44" East, 30.00 feet; Thence South 23°21' 16" East, 455 .62 feet to the True Point of Beginning; . 14 . The effect, if any, of ORDER recorded November 21, 1994 in Book 1468 as Reception No. 2416193, and Legal description recorded December 28, 1994 in Book 1473 as Reception No. 2420572, which purports to include the subject property within the boundaries of the THOMPSON RIVERS PARK AND RECREATION DISTRICT. CONTINUED NEXT PAGE - 5 - 8-2 CONTINUED LX68281 15 . Water rights, claims or title to water, whether or not shown by the public records. 16 . Right of way for pipeline and incidental purposes as granted to Duke Energy Field Services, LP, its successors and assigns by instrument recorded December 21, 2001 as RECEPTION NO. 2911291, said right of way not being specifically defined. 17 . Deed of Trust from RAY AND ALMA SCHOOL, LLC, AN ARIZONA LIMITED LIABILITY COMPANY to the Public Trustee of Weld County for the use of FARM CREDIT SERVICES OF THE MOUNTAIN PLAINS, FLCA, to secure the face amount of $600, 000 .00 dated March 12, 2002 and recorded March 26, 2002 as Reception No. 2936472 . - 6 - LandArnerica PRIVACY POLICY NOTICE Dear Lawyers Title Customer, The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act, requires us to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. Some companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our web site (http://www.landam.com). You may also visit our web site for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of-your information has-been a pert of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, ac .Macy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company-of-America, Transnation Title Insurance Company, Tidlr_naton Title - - Insurance Company of New York LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title &Abstract Company, Capitol City Title Services, Inc., Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services, Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc., Transnation Title & Escrow,Wilson Title Company LandAmerica Title Agents (partially owned): Bankers Alliance Title Agency, Biltmore Abstract, CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth- Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title & Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, WI Title Agency, M and M Title Services, National Land Transfer (NJ and PA), NW Lawyers Title Agency, RE/Affirm Title Agency, Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater, Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency, TRI Title Agency,TRI-County Title Agency-Michigan,Tri-State Title Agency, University Title Services, inspections, Appraisals, Mortgage Servicing, and Ancillary Services: Inspectech, Inc., LandAmerica OneStop, Inc., LandAmerica Account Servicing, Inc., LandArnerica Default Service Co., REalitics, TransAccount Services, Inc. LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real-estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information-about your ti ausaction, including the-identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain -physical, -electronic, and -procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy-with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Property Owners Within 300 ft. of Parcel# 106135000001 NAME ' MAILING ADDRESS PARCEL IDENTIFICATION # 1675 BROADWAY AMERICAN TELEPHONE& 106135000002 TELEGRAPH CO I DENVER,CO 80202 AMERICAN TELEPHONE& 1675 BROADWAY TELEGRAPH CO 106135000003 DENVER,CO 80202 I PO BOX 14I0 CANNON PATRICK STEPHEN ' 106134000027 BERTHOUD,CO 80513 4886 HWY 66 DOUTHIT MEAD LLC I 106135000004 LONGMONT,CO 80504 JRJ LAND DEVELOPMENT 4836 S. COLLEGE I 106127000013 LLC ( FORT LUPTON,CO 80525 LITTLE THOMPSON WATER DRAWER G DISTRICT i 106134000026 BERTHOUD,CO 80513 9440 SANTA MONICA BLVD STE 706 RAY & ALMA SCHOOL LLC 106135000026 BEVERLY HILLS,CA 90210 9440 SANTA MONICA BLVD STE 706 RAY & ALMA SCHOOL LLC 106135000027 BEVERLY HILLS,CA r 90210 WILSON HOMESTEAD 5028 COUNTY RD 42 LIMITED PARTNERSHIP 106126000002 JOHNSTOWN,CO 80534 This is to certify this is a true and correct copy of the original. North American Title Company of Colorado \ i _ Property Owners Within 300 ft. of Parcel# 106135000004 NAME MAILING ADDRESS PARCEL IDENTIFICATION # AMERICAN TELEPHONE& 1675 BROADWAY TELEGRAPH CO 106135000002 DENVER,CO 80202 AMERICAN TELEPHONE & 1675 BROADWAY TELEGRAPH CO 106135000003 DENVER,CO 80202 I CENTRAL WELD COUNTY 2235 2 AVE WATER DISTRICT& 106135000005 GREELEY,CO 80631 4886 HWY 66 DOUTHIT MEAD LLC 106135000001 LONGMONT,CO 80504 4472 WELD CO RD 38 MARKOFF LILLIAN D 120702000037 PLATTEVILLE,CO 80651 PO BOX 38 MFDP LLC 120703000025 BERTHOUD,CO 80513 17850I-25 OLSON MARGIL TRUST 106134000029 PLATTEVILLE,CO 80651 9440 SANTA MONICA BLVD STE 706 E RAY & ALMA SCHOOL LLC 106135000026 BEVERLY HILLS,CA 90210 i 9440 SANTA MONICA BLVD STE 706 RAY& ALMA SCHOOL LLC ! 106135000027 BEVERLY HILLS,CA 90210 ' 4200 COUNTY RD 38 • VIDER TIMOTHY HUGH & 120702200054 PLATTEVILLE,CO 80651 7500 E DARTMOUTH AVE WILLSON LEONORA H #28 1 120702200055 F DENVER,CO 80231-4264 i This is to certify this is a true and correct copy of the original. North American Title Company of Colorado Page 1 of 1 Prooperty Owners Within 300 ft. of Parcel# 106135000026 NAME MAILING ADDRESS PARCEL IDENTIFICATION! 4886.HWY 66 DOUTHIT MEAD LLC 106135000001 LONGMONT,CO 80504 4886 HWY 66 DOUTHIT MEAD LLC 106135000004 LONGMONT,CO 80504 GADDIS FAMILY REGISTERED 2034 FALCON DR LLLP 106136000028 LONGMONT,CO 80504 PO BOX 505 MAASS MERLIN H & SUSAN M 120702000048 MEAD,CO 80542 4472 WELD CO RD 38 MARKOFF LILLIAN D 120702000037 PLA I I'EVILLE,CO 80651 5083 WELD CO RD 38 MARTINI DAVID B & LORI E 106136000050 PLA I l EVILLE,CO 80651 4709 WELD CO RD 38 RAMOS FRANK 106135000025 PLA 1'I EVILLE,CO 80651 9440 SANTA MONICA BLVD STE RAY & ALMA SCHOOL LLC 706 106135000027 BEVERLY HILLS,CA 90210 4700 WELD CO RD 38 VE I IER TOM E & NANCY D 120702000038 PLATTEVILLE,CO 80651 P O BOX 632 WILSON DONALD & 120701200032 MEAD,CO 80542 5139 COUNTY RD 38 YOUNG BRENDA LEE 106136300061 MEAD,CO 80542 This is to certify this is a true and correct copy of the original. North American Title Company of Colorado (A.m. I� a Page 1 of 1 Property Owners Within 300 ft. of Parcel# 106135000027 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 4886 HWY 66 DOUTHIT MEAD LLC 106135000001 LONGMONT,CO 80504 4886 HWY 66 DOUTHIT MEAD LLC 106135000004 LONGMONT,CO 80504 GADDIS FAMILY REGISTERED 2034 FALCON DR LLLP 106136000028 LONGMONT,CO 80504 9440 SANTA MONICA BLVD RAY & ALMA SCHOOL LLC STE 706 106135000026 BEVERLY HILLS,CA 90210 WILSON HOMESTEAD LIMITED 5028 COUNTY RD 42 PARTNERSHIP 106125000004 JOHNSTOWN,CO 80534 WILSON HOMESTEAD LIMITED 5028 COUNTY RD 42 PARTNERSHIP ]06126000002 JOHNSTOWN,CO 80534 5139 COUNTY RD 38 YOUNG BRENDA LEE 106136300061 MEAD,CO 80542 This is to certify this is a true and correct copy of the original. North American Title Company of Colorado efrIul httn•//m,mc mr.rrirlr rnm/wehcite/wrdri/cvtcnI ,cn'>rmfl—hnff<r,rPTIV—1 nA 17 5/111(11117R,Per I—I cnnnnnz LIST OF MINERAL OWNERS AND MINERAL LESSEES (Douthit/Jeffers) Subject Property: Township 4 North. Range 68 West. 6" P.M., Weld County, CO Section 35: All Minco LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, and the records of the Colorado State Board of Land Commissioners, as same were verified at June 2, 2003. Dated this 11th day of June, 2003. MINCO LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko Land Corp. Petroleum Development Corp. Attn: Mgr. Property& ROW P.O. Box 26 P.O. Box 9149 Bridgeport, WV 26330 The Woodlands, TX 77387-9147 Anadarko E&P Company LP Attn: Manager Land, Western Division P.O. Box 9149 The Woodlands, TX 77387-9147 Mince;LLC MinenzP `it&Services P.O. 9a,L336337 (970)351-0733 ciree ry, CO 80 633-0 606 Page 1 t 1 5 (970)351-0867 To be Completed TOWN OF MEAD by Surveyor or Annexation Map Engineer. Land Surveying Standards �7/ Name of Annexation: {SAY t / l a l- an lA SCNOO C- Surveyor TE FQE I E. / lis-r 116(�` • Date Initials Items 4-)8 K 1. A scale drawing of the boundaries of the land parcel. 4 8 ��K 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 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 4-18 T5I/ control monuments used in the field survey.If the boundary runs down a line or parallels a line,the dimensions ."J l` to get from the control line or monuments to the parcel must be shown.Dimensions to both ends of the control line must be shown.) 48 J� 4. A statement by the professional land surveyor that the survey was performed by such surveyor or under - I I� such surveyor's responsible charge. 4- la 3'6)4 5. A statement by the professional land surveyor explaining how bearings,if used,were determined 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 4-18 SEK monuments.If you are running down a line or paralleling a line,the monuments at both ends of the line must be V shown.It must be labeled on the map or plat if a monument is found or set.) 4-18 JE II 7. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale 4-18 :TeK 8. A north arrow. _ 9. A written property description,which shall include but shall not be limited to a reference to the county and 4 8 'c state together w th the section,township,range,and principal meridian or established subdivision,block and lot number,or any other method o,f describing the land as established by the general land office or bureau of land management.(Property description is to be written in upper case type.) 4-18 5 EK 10. Any conflicting boundary evidence.Ties to and descriptions of all conflicting corners are shown. 4—18 3E K 11. Location map.Minimum one and one-half mile radius of the property with principal roads labeled. 4-18 3&1C 12. Certificate block-based on the Town's standard certificates for annexation maps. 4_ Q ri i< 13. The signature and seal of the professional land surveyor. Initials of draftsperson,date of drawing and U AutoCAD file name. 4-18 s QI C 14. All calculations have been double checked on final map for any errors,transpositions,the sum of the parts V l.. equals the total length,etc. +-1 u Q 3E j< 15. Corner recordations have been made,or what is found in the field is identical with a previously filed corner l recordation.Corner recordations have to be filed on all sections,Y.section and aliquot corners of a section. 4-18 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.Curve data may be presented in tabular form,or with leader dimension lines. �c 17. All text and numbers are to be large enough to clearly legible at the scale drawn.Paragraph text,legal T" 4.1 8 descriptions and certificates are to be in 12 pt.(0.16608")AutoCAD Roman Simplex,Helvetica,Anal or V similar"san serf"type.Title of plat is to be centered at top of the plat in type not less than.3"high. µAA % 18. An AutoCADTM drawing file(Release 12 or higher)of the map,and all font files used,on 3 W.IBM { V 18 �EK formatted disk is to be provided.A word processing file of the legal description on 3 "IBM formatted disk is to { V be provided(Word Perfect 6.1 preferred). INSTRUCTIONS 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: ANNEXATION MAP LAND SURVEYING STANDARDS CHECKLIST.o0C 10/5/00(4:19 PM) Page 1 of 1 To be Completed TOWN OF MEAD by Surveyor or Annexation Map Engineer. , Land Surveying Standards Name of Annexation:AC"MAfiC ` OOL411)6 Surveyor JEFFAIS7NE{� Date Initials Items (9-0-03 3'6 K 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 t0-1 ) 1 ) 3-E 1/ easements is done by someone other than the professional land surveyor who prepares the plat,the source (� 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 _i) \C 1/ to get from the control line or monuments to the parcel must be shown.Dimensions to both ends of the control L9 G\ line must be shown.) /_ 1 t/ 4. A statement by the professional land surveyor that the survey was performed by such surveyor or under (Or 4,,, (� such surveyor's responsible charge. 6-11 5. A statement by the professional land surveyor explaining how bearings,if used,were determined 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 aralleling a line,the monuments at both ends of the line must be I v shown.It must be labeled on the map or plat if a monument is found or set.) 6-Li 3EJ 7. A statement of the scale or representative fraction of the drawing,and a bar-type or graphical scale 6- j j 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 6-11-[1' J 4 number,or any other method of describing the land as established by the general land office or bureau of land management.(Property description is to be written in upper case type.) 6-/ 11 10. Any conflicting boundary evidence.Ties to and descriptions of all conflicting corners are shown. in—1 f -I e.-1 11. Location map.Minimum one and one-half mile radius of the property with principal roads labeled. 6- 1 ) 1e 12. Certificate block-based on the Town's standard certificates for annexation maps. 13. The signature and sea oft rof ssi�(a� nit surveyor.Initials of draftsperson,date of drawing and 6-11 �� AutoCAD file name. i �� ��U �, /__1) -(^r� 14. All calculations have been double checked on final map for any errors,transpositions,the sum of the parts ((EQ �J L equals the total length,etc. 1 1 3.61 15. Comer recordation have been made,or what is found in the feld is identical with a previously fled corner ( �J recordation.Comer recordation 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 �_ )) �L between the r.o.w.lines when possible.Dimensions must clearly indicate the terminus point at each end.Curve ll�� data may be presented in tabular form,or with leader dimension lines. ' I 17. All text and numbers are to be large enough to clearly legible at the scale drawn.Paragraph text,legal 6_'/1 Ti.-.K descriptions and certificates are to be in 12 pt.(0.16608,AutoCADn'Roman Simplex,Helvetica,Anal or similar"san serf"type.Title of plat is to be centered at top of the plat in type not less than.3_high. 18. An AutoCADTM drawing file(Release 12 or higher)of the map,and all font files used,on 3%"IBM formatted ... '1 disk is to be provided.A word processing file of the legal description on 3'A"IBM formatted disk is to be lJ / provided(Word Perfect 6.1 preferred). �b L/11 ,> INSTRUCTIONS ! �/7✓ 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.38-51-1%,Surveying statutes. Official Use Only CC Reviewed by: Date: ANNEXATION MAP CHECKLIST.DOO 10/5/00(4:19 PM) Page 1 of 1 File contains oversized map Please see original file School Annexation Northern Colorado Water Conservancy District Petition 1. Northern Colorado Water Conservancy District Petition 1.1 The School property is within the Northern Colorado Water Conservancy District. No petition for inclusion to the district is required. See attached letter. Y< �J�:�:.Il ,1.a75 ' b , L , ° I ,I nJ �5 ,4 sh:Lo `�A l:inl r If ld 4 �6 , Ir YI I 1 I 11 ��I�#.�ry � 1�r IQ � r ' ��j � y 1 '1 9 5i a T 'e �.'k I �l �� tll.i. ,A •S r f .ny Y,. ?t', ., 1 4 ..} *=Haag',69, tgr�+tuld Colorado:80539-!1679," 7250 NoRh Wilson, Lovdnnd Calondo'80567 Abode(970)667-2437 FAX (970)663-6907 nuu'riuus April 17, 2003 WL41u COVNIY ,.,,., , Via facsimile.. 303.296.1124 n,a:Yu Mr. Andy Christiansen Itorli IANIrv1MN,:a4NV Turner Collie &Braden Inc. 999 Eighteenth Street Ole fry.or 'r,,Y. Denver, CO 80202 ILpu.q q Ne LIt .1,LI I LnUN I1' I Moil I I44,,run'n K.m,•n Anna.' RE: School Annexation YPtIIVnun WAtHINCION ANL, Mkw aN101 Nu n Dear Mr. Christiansen: Ii Yn£ Ilu:il, "IhNj°u"" Please be advised that Sections 26, 34 & 35, Township 4 North, Range 68 West IV$I ``,''"" and Sections 2 & 3, Township 3 North, Range 68 West of the 6`,P.M., County of J'II'4,'JUNI`,/ p Weld, State of Colorado are within the boundaries of the Northern Colorado lhPl<'lurt,I'nlf!UrUa Water Conservancy District. n'n lo,, Please do not hesitate to call if you need further information. orncErts elin.4,tJ'r.Pr Alien Sine rely, •In.n —` 1 M1, nn.Fw l..�" N cr....g, ,C,<#1.. /1.4 �.��,�� ,;I „::w Suzan'. Fritc el Nam,I Land and Water Allotments Department till,11lCncb .fltAI.CUUNsri. tfuur.4'H.v.A Lmn Mq.I1C 1111 I Ifl n1,14.,n foal, V h4 4v(ol.nldu NO'III SPECIAL WARRANTY DEED NON-TRIBUTARY AND NOT NON-TRIBUTARY GROUNDWATER THIS DEED,made this day of , between Ray & Alma School LLC, 203 Parfitt Way SW, Suite 200,Bainbridge Island,WA 98110, 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 Section 35,Township 4 North,Range 68 West of the 6th P.M. (see legal description in Exhibit A),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: 203 Parfitt Way SW, Suite 200,Bainbridge Island,WA 98110 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 set 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 Master Water Rights Deed•Non.tnbutory School.doc May 18,2001(11:55am) 1 STATE OF COLORADO SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20by My commission expires: Witness My hand and official seal. Notary Public Master Water Rights Deed-Non-tohutory School.doc May 18,2001(11 55am) 2 School Annexation Exhibit A LEGAL DESCRIPTION A PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER OF SECTION 27, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 2, BEING MONUMENTED AT THE CENTER ONE-QUARTER CORNER OF SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462 AND AT THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED LS 30462, BEARING N00°04'05"W. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2, THENCE S 00°02'43" W A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF WELD COUNTY ROAD NO. 38; THENCE ALONG SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF INTERSTATE I-25 THE FOLLOWING FOUR (4) COURSES: I. S 89°11'35" W A DISTANCE OF 2676.43 FEET; 2. S 89°13'12" W A DISTANCE OF 2608.68 FEET; 3. S 00°26'24" E A DISTANCE OF 2679.69 FEET; 4. S 00°27'11" E A DISTANCE OF 2614.07 FEET; THENCE S 88°58'43" W A DISTANCE OF 300.01 FEET TO THE WESTERLY LINE OF SAID INTERSTATE I-25; THENCE ALONG THE WESTERLY LINE OF SAID INTERSTATE 1-25 AND ALONG THE EASTERLY LINE OF THE FOLLOWING RECORDED ANNEXATIONS, "BELMONT PARK ANNEXATION" AND "MARGIL ANNEXATION NO. 2", THE FOLLOWING SEVEN (7) COURSES: 1. N 00°27'11" W A DISTANCE OF 2617.08 FEET; 2. N 00°26'24" W A DISTANCE OF 2593.31 FEET; 3. N 80°49'44" W A DISTANCE OF 497.00 FEET; 4. N 00°39'22" W A DISTANCE OF 60.00 FEET; 5. N 79°52'38" E A DISTANCE OF 498.54 FEET; 6. N 00°10'53" E A DISTANCE OF 2550.48 FEET; 7. N 00°24'15" E A DISTANCE OF 2690.96 FEET TO THE NORTHERLY LINE OF WELD COUNTY ROAD NO. 40; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: 1. N 89°07'14" E A DISTANCE OF 2921.32 FEET; 2. N 89°56'32" E A DISTANCE OF 2639.93 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 THE FOLLOWING TWO (2) COURSES: 1. S 00°01'45" W A DISTANCE OF 2676.52 FEET TO THE EAST ONE- QUARTER OF SAID SECTION 35; 2. S 00°02'43" W A DISTANCE OF 2056.24 FEET; THENCE THE FOLLOWING FOUR(4) 1. S 89°11'35" W A DISTANCE OF 1709.00 FEET; 2. S 00°02'43" W A DISTANCE OF 561.00 FEET; 3. N 89°11'35" E A DISTANCE OF 1709.00 FEET TO THE EAST LINE OF SAID SECTION 35; 4. THENCE S 00°02'43" W ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT AT&T PARCEL RECORDED JULY, 1967 IN BOOK 583 AT RECEPTION NO. 1505381 CONTAINING AN AREA OF 682.069 ACRES (NET) School Annexation Annexation Impact Report 1. Annexation Impact Report Map 1.1 See attached Annexation Impact Map. 2. Annexation Agreement 2.1 Annexation agreement is not available at the time of the annexation submittal. 3. Municipal Services 3.1 See attached Preliminary Utility Plan for location of existing and proposed utility facilities. 3.2 Water Service 3.2.1 Water service will be provided by the Little Thompson Water District via existing facilities along I-25. 3.2.2 Connections to existing facilities and water service facilities within the development will be constructed and financed by the developer according to Little Thompson Water District regulations and standards. 3.3 Sewer Service 3.3.1 Sewer service will be provided by the Town of Mead District via proposed facilities by the District for future developments east of I-25. Proposed facilities will be financed by developers via tap fees paid in advance of construction. 3.3.2 Proposed facilities include a new wastewater treatment facility east of I- 25 and south of WCR 34 along a spur of North Creek. An 18-inch interceptor would be installed along the spur of North Creek to convey flows to the new treatment facility. 3.3.3 The developer will participate with the Town of Mead to provide tap fees for design and construction of proposed facilities. Sewer facilities within the development will be constructed and financed by the developer in accordance with the Town of Mead regulations and standards. 3.4 Storm Water within the development will be routed within the site and detained prior to discharge off site. Discharge of storm water will be routed via existing drainage patterns and will not exceed historic rates. 3.4.1 See Preliminary Drainage Plan. 4. Financing of Existing Municipal Services 4.1 Municipal services both within the site and off site will be financed by the developer (and possibly neighboring developers via cost sharing) according to the regulations of the various service districts. 4.1.1 The School property falls within Weld County Tax Areas 2380 and 2374. 5. Existing School and Special Districts 5.1 St. Vrain School District RE-1J 5.2 Johnstown School District RE-5J 5.3 Little Thompson Water District 5.4 Aims Junior College 5.5 Big Thompson Soil District 5.6 Weld County Library District 5.7 Mountain View Fire Protection District 5.8 Northern Colorado Water Conservancy District 5.9 Thompson Rivers Park and Recreation District 6. Statement of School Impact 6.1 The south portion of the School property is within the St. Vrain School District. The north portion of the property is within the Johnstown School District. 6.2 Based on the intended land uses of commercial and agriculture within this property, no students will be generated. 7. Qualifications of Preparer 7.1 This report was prepared by Turner Collie & Braden Inc., Bernard Lash & Associates and Kirschner Company. 7.1.1 Turner Collie & Braden Inc. is an engineering consulting company with offices in Denver, Colorado that provides land development services to residential and commercial developers. Andrew Christiansen, P.E. of Turner Collie & Braden Inc. is a licensed engineer in the State of Colorado. 7.1.2 Bernie Lash of Bernard Lash & Associates is a Land Planner with more than 30 years of experience with residential planning in Colorado. 7.1.3 John Kirschner of Kirschner Company represents the applicant and has more than 25 years of experience with residential, commercial and mixed-use developments in Colorado. RAY & ALMA SCHOOL ANNEXATION TO THE TOWN OF MEAD A PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO ---,-/ 67'At� I k \. y C d�Ly ��'!. ,75vEXISTING ..I ( - N 2-INCH / ! `...,_/ j. ` 6 4m o ATERMAIN / �!n c„--_,...N ) ^so j� off 27/2U) ) ' \� g(rj ��r' /., AGRICULTURE AGRICULTU U /t Q sos0 TO N OF MEAD ���s°so A PROPO " - CnV / 9cEBOUNDARY ITARY SEWER O 12-INC PJ3QPO d - �TOWN AD. Fo _ -- P RY TOWN LINL r6� � - I B UNDARV � does rn_ tae WC_R 40 _ 50x Spg� I F- ' z .i _ _AGRICULTURE' _ -_ ' 50 m , \ �I �. wry BM AGRICULTURE L . 'X. * ' _ ' 6 11V _ �, P Walk stk. TOWN LIRE Elwal MEAD .L P_ ED 16 INCH _ �_ SERVI B NDJARBx„ _ . •W�. H2.MAIN . . . (TO B REVI D) �/////;/TOWN OF MEAD I �n � AGRICULTURE . � �, s� . _ _ O Wa lker AGRICULTURE 4�r�/-" 5062 5047 -T 4965 ; 4965 II �\ "+ - AG 'U U'E 9y [ II AGRICULTURE \�) \\ ON/ (` O Q \ ar4• \Ballinger P POSED II PROPO,SED 4 � R W H l` SANITARY �' '.N E l WA E AIN % INTERCEPTOR �" \V A n _ �Q2 J+GRICULjURE "Sc A. AGRI6 LTURE • % r At ��� i <75' \ so \\ I �Q� 1 • \r\ EyCISTING N\ a __ 4 \\ ' 2 INCH WAITER MAIN V ` % .. II 1000 0 500 1000 2000 OWNER/APPLICANT: OWNER: OB GIMLL SG E 1 _2000 RAY&ALMA SCHOOL LLC DOUTHIT MEAD LLC A:DEE NEXATION IMPACT MAP 203 PARFITT WAY SW 4886 HWY 66 RIEYCO��vmauC'I1jM. SUITE 200 LONGMONT,CO 80504 "'is.�"c�ILENm' "i-mLE n.51n Pi°Jo/"�"`E"s BAINBRIDGE ISLAND,WA 98110NhB caa+wo eozoz PHONE�M]} 291-)11) FM (]0]) 398-IIN (206)780-9989 LBs ka.. �n.. 1 300 Cd. JUNf 2003 0..4.M MC Cn..k.a CLN a S 052251541 C.l*d 0001 do.. CEF yp....4 TBM scoot 1 m 1 Gig I8tMGPO e0S aseald dew pezIsJoA0 suiewoo and School Annexation Annexation Development Information 1. Preliminary Soils Report Source: Soil Survey of Weld County, Colorado Southern Part United States Department of Agriculture Soil Conservation Service Colorado Agricultural Experiment Station September 1980 Three primary soil types have been identified along the School property by the Soil Conservation Service, however two of the soil types account for approximately 95 percent of the site. The three primary soil types of soils found along the property may be described as: 1.1 Nunn-Clay Loam- Approximately 55 percent of the site. Primarily found along the northern one-third and southern one-third of the property. • Surface layer is typically grayish brown clay about 9 inches thick. • Subsoil layer is typically light brownish gray clay to about 23 inches. • Lower subsoil layer is typically light brownish gray clay loam above brown sandy loam to about 60 inches. • Small, long, narrow areas of sand and gravel can be found that are subject to occasional flooding in lower areas. • 1 to 3 percent slopes. • Deep and well drained. • Permeability is slow. • Surface runoff is medium. • Erosion hazard is low. • Moderate to high shrink/swell potential. • Low strength. • Soil features may create difficulties in dwelling and road construction. • Fair to poor potential for urban development. 1.2 Wiley-Colby Complex - Approximately 45 percent of the site. Primarily found along the central one-third of the property. Wiley component is about 60 percent of the unit and the Colby component is about 30 percent. Most of this soil type is found along slopes of 1 to 3 percent, however a small portion is found along slopes of 3 to 5 percent. Wiley Unit • Surface layer is typically pale brown silt loam about 11 inches thick. • Subsoil layer is brown silty clay loam to about 23 inches. • Lower subsoil layer is typically very pale brown silty clay loam to about 60 inches. • Primarily 1 to 3 percent slopes with some areas of 3 to 5 percent slopes. • Deep and well drained. • Permeability is moderately slow. • Surface runoff is medium along lower slopes and medium to rapid along steeper slopes. • Erosion hazard is moderate. • Moderate to high shrink/swell potential. • Limited bearing capacity. • Fair potential for urban and recreational development. Colby Unit • Surface layer is typically pale brown loam about 7 inches thick. • Subsoil layer is typically very pale brown silt loam to about 60 inches. • Primarily 1 to 3 percent slopes with some areas of 3 to 5 percent slopes. • Deep and well drained. • Permeability is moderate. • Surface runoff is medium along lower slopes and medium to rapid along steeper slopes. • Erosion hazard is moderate. • Limited bearing capacity may be overcome with modified road designs. • Good potential for urban and recreational development. 1.3 Colby Loam- Approximately 5 percent of the site. Primarily found inn the north-central portion of the property. • Surface layer is typically pale brown loam about 7 inches thick. • Subsoil layer is typically very pale brown silt loam above brown sandy loam to about 60 inches. • Small areas that have fine sandy loam or loam at shallow to moderately deep depths over shale and sandstone. • 5 to 9 percent slopes. • Deep and well drained. • Permeability is moderate. • Surface runoff is rapid. • Erosion hazard is high. • Limited bearing capacity may be overcome with modified road designs. • Good potential for urban and recreational development. ��p0 REGISTF`� c, 1�'�C9815141. r SHEET NO. 13 WELD COUNTY,COLORADO, SOUTHERN PART U. S. DEPARTMENT OF AGRICULTUR (JOHNSTOWN QUADRANGLE) 104'52'30• SOIL CONSERVATION SERVICE _ r%-%_ .. . '.fit ' , e • „ t �q Y,' 1 �L �ij/` 4Z ii6 K t , . d .f. �j r{',5+11 a .4 14, 0I . r . 11 C :a:8 z 3 .. \ i i� i f • . .'_- • .. 11 [h(r 5 Y _ Mme ? l 'E' s a .r Fn 1 _ '� • 1 ,t � X64$ V "° i .v...c 6 I. `< ` x'62 � L S�{� e��qy� a 11 i f Ni.... `, . 1 Yi. , 33 42 5 f `-'a. ;-...i t 3 83 oft Z in re. i_ i, � 1 I- Tit I 14111,t r t 7&ik I o `• •, .. '.i' '' lairt .kir!mtite ...„, t,__. , .. i. - ..._ t. .: ., , . r :._,y. �! cat 7 j � s �qy}7� l� � ,f µ i 1 !, es- �. < N 15 i . I NP `S.I-at•::.. : -��- . i • 105"00 1 3. h v. "' r ' `0 This map is compiled on 1974 ae•ial � 0 photograohv by the U.S. Department `7J0 e 7}0 ?000 2 000 1 uJG of Agriculture. Soil Conse-vanor Service NJE Andrew A. Christiansen, PE Project Engineer • OVERVIEW Project Role Andy is a Project Engineer in the Land Development group of TC&B's Denver Project Engineer office. He has more than eight years of experience in civil engineering in the areas of land development, highway design, and geotechnical engineering, including extensive management and field experience. He served as a Resident Education Engineer on projects in New York,Virginia, and suburban Denver,and has BSCE, 1995, successfully opened and managed a project office in Rock Springs,Wyoming. University of Colorado He is experienced in the specialized computer applications of Microstation, Bachelor of Business Inroads,AutoCAD,Softdesk, MOSS, and Quicksurf. Administration, 1991, University of Iowa REPRESENTATIVE EXPERIENCE Registration Castleton Way Too, Castle Rock, Colorado. Project Manager oversaw PE: CO(No. 34770), preparation of Final PD Site Plans, Construction Drawings, Drainage Report 2000 and Utility Report for 1.5-acre commercial development in Castle Rock, Colorado. Johnstown Farms, Johnstown, Colorado. Project manager to coordinate engineering assistance and construction phase services for the developer and contractor of a 265-lot subdivision. Project manager for design modifications for resolution of utility conflicts. Coordinated preparation of utility easements with adjacent property owner. Attended construction meetings with the Town. Johnstown Sub-regional Lift Station, Johnstown, Colorado. Project manager for design of an interim sub-regional sanitary sewer lift station including preparation of construction drawings and design report. Managed submittal of site application to the State of Colorado. Coordinated preparation of force main easement with adjacent property owner. Maass Property Annexation, School Property Annexation, Mead Colorado. Prepared annexation submittal package required for annexation of two residential and commercial developments, the School and Maass properties, into the Town of Mead. Cottonwood Acres/City of Dacono Comprehensive Plan Amendment, Dacono, Colorado. Prepared and submitted Comprehensive Plan Amendment to the City of Dacono for the purpose of requesting land use changes for Cottonwood Acres, a proposed 450-lot residential development. SH 270 Phase 5, Denver, Colorado. Prepared drainage plan and profile sheets; prepared Phase III Drainage Report; performed hydrologic and hydraulic analysis and prepared existing utility plans for improvements to I-25 and SH 270. TurnerCollie(araden Andrew A. Christiansen, PE 1 US 50 Resurfacing, Pueblo, Colorado. Assisted with preparation of construction drawings and conceptual plans for highway resurfacing project. Prepared aerial layouts of the project site and identified potential design and construction issues. Performed cost estimate and quantity takeoff for elements proposed in conceptual design report. Representative Project Experience at Other Firms West Corridor, Denver, Colorado. Highway Design Engineer responsible for compilation of cost estimates included in the final cost proposal for preliminary design services for proposed light rail construction. Emerson Street Pedestrian Bridge, Denver, Colorado. Highway Design Engineer responsible for cost estimate preparation and composite materials evaluation. Researched and evaluated composite bridge deck materials recommended for construction. I-25 Southeast Corridor, Denver, Colorado. Highway Design Engineer responsible for preparation of plan and profile sheets for the proposed light rail transit line along I 25. Alternative configuration concepts were proposed at three interchanges where the horizontal or vertical alignments were altered significantly from the preliminary design in the contract documents. 38th Street Bridge Rehabilitation, Denver, Colorado. Highway Design Engineer responsible for supervision of non-destructive testing program and preparation of design details for bridge rehabilitation and condition assessment program for the City and County of Denver. Prepared traffic control plans and abutment security fence details. Provided field supervision for non-destructive testing program, which included ground penetrating radar, sonic/ultrasonic measurements, and concrete coring along 5 bridges in the City and County of Denver inventory 7th Street Underpass, Watt Avenue Beautification, Sacramento, California. Highway Design Engineer for projects that involved design of a roadway underpass and streetscape of an existing roadway. Provided preliminary vertical alignment, drainage plans, and intersection details for redesign of existing roadway adjacent proposed underpass. Provided construction cost estimate for streetscape elements. 515/I 215, Las Vegas, Nevada. Highway Design Engineer for project that involved widening and redesign of existing roadway and interchanges. Provided design of vertical geometry along mainline and ramp gore points. Big I Bridges, Albuquerque, New Mexico. Highway Design Engineer for project that involved widening of bridges along the I 25 corridor through Albuquerque, New Mexico. Provided bridge deck elevation, pier cap elevation, and bar chart details. US 84/US 285, Santa Fe, New Mexico. Highway Design Engineer responsible for project that involved widening and redesign of existing roadway and exit ramps. Provided design of grading, retaining wall layout, and wall details. TumerCollietjBraden Andrew A. Christiansen, PE 2 Alameda Underpass, Emerson Street Pedestrian Bridge, Denver, Colorado. Field Engineer for projects that involved structural investigation and rehabilitation under an on-call engineering services contract with the Qty and County of Denver. Provided oversight of non-destructive testing program and utility location. E 470 Tollway, Denver, Colorado. Resident Engineer responsible for administration of a maintenance management contract with the E 470 Public Highway Authority. Provided design review, specification development, and quality control for routine maintenance activities, rehabilitation projects, and capital improvement projects. Coordinated utility location for work within the roadway right-of-way. Route 58 Over Butchers and Rudds Creeks, Clarksville, Vuginia. Resident Engineer during installation and load testing of drilled shafts for a 9- span bridge. Project introduced large diameter drilled shaft technology to the Virginia Department of Transportation. Observed drilling in rock using a 60- inch percussion hammer, which was the largest diameter percussion hammer being used in the United States at the time. Observed lateral and axial load tests performed with an Osterberg Load Cell. Established axial load test record for the state of Virginia(3,600 tons). Hillview Reservoir Decanting, Yonkers, New York. Resident Engineer during decanting and cleaning of balancing reservoir which supplies drinking water to New York Qty. Performed monitoring and analysis of concrete dividing wall stability, embankment slope stability, and well point dewatering system functions during decanting and cleaning of concrete-lined reservoir. Analyzed and collected data and provided regular observation of structures and facilities. Engineer/Scientist III, Denver, Colorado. Member of project teams involved in design and construction of heap leach pad gold and copper mines in Colorado, Alaska, Arizona, and Peru. Provided design of grading and roadway alignments. Prepared field manual with procedures and specifications for quality control program. Calculated and verified construction quantities and prepared cost estimates. Mine Subsidence Mitigation Project, Rock Springs, Wyoming. Resident Engineer on project that involved design, construction observation, and management of drilling and grouting in abandoned underground coal mine workings within the Qty of Rock Springs. Assisted Project Engineer with preparation of technical specifications and contract documents. Successfully opened project office and equipped small soils and concrete laboratory. Organized and led public meetings, attended partnering sessions, maintained project budget,and served as public liaison. Staff Geotechnical Engineer, Denver, Colorado. Developed foundation design criteria and geotechnical recommendations for Soils and Foundation Reports, Geotechnical Investigations, and Preliminary Geotechnical Investigations for residential subdivisions, small commercial structures, and single-family residences. Supervised drilling and collection of soils samples. Assigned laboratory-testing programs to provide data for soils classifications and foundation design criteria.Wrote and compiled design reports and letters. TurnerCollie5Braden Andrew A. Christiansen, PE 3 Field Supervisor, Denver, Colorado. Supervised field technicians involved with construction observation and management of residential and commercial construction Responded to technical questions from contractors, field technicians, engineers, and architects regarding construction and design problems in the field. Responsible for reviewing daily field reports. Field Technician,Denver, Colorado. Technician involved with construction observation and management for commercial and residential construction Inspected and observed installation of foundations,including drilled shafts and footings. Observed placement and tested compaction of fill material and asphalt pavement. PROFESSIONAL AFFILIATIONS Home Builders Association American Society of Civil Engineers TumerColliec 5Braden Andrew A. Christiansen, PE 4 School Annexation Annexation Development Information 2. Preliminary Utility Plan 2.1 Water Service 2.2.1 Water service will be provided by the Little Thompson Water District. 2.2.2 Existing and proposed water facilities are shown on the Concept Plan. 2.2.3 Existing water facilities in the area include: • 42-inch supply line west of the property that runs north-south along the east side of I-25 from a dead-end at WCR 38 to north of WCR 40. • 24-inch service line that runs north-south along the east side of I-25 from the dead-end of the 42-inch supply line at WCR 38 to the south. 2.1.4 In order to provide water service to commercial development within the School property, the 24-inch service line and 42-inch supply line along the east side of I-25 must be connected at their adjacent termination points at WCR 38. Connection of these lines will require installation of both a PRV vault and meter vault. Developers of the School property must participate with the Little Thompson Water District and other developers in the area in financing and construction of the vaults in order obtain water service to this development. To provide water service within the development and to meet requirements for fire flows, a 16-inch main will be installed along the frontage road in front of the commercial area between WCR 38 and WCR 40. In addition 12-inch mains will be installed along the south and north edges of the commercial areas along WCR 38 and WCR 40 and along the rear of the commercial areas between WCR 38 and WCR 40. 2.2 Sewer Service 2.2.1 Sewer Service will be provided by the Town of Mead. 2.2.2 Existing and proposed sewer facilities are shown on the Concept Plan. 2.2.3 Currently there are no existing sewer facilities to provide sewer service to the School property. 2.2.4 In order to provide sewer service to the School property, developers must participate with the Town of Mead in financing and construction of expanded sewer facilities east of I-25. At this time the District has proposed construction of a new treatment facility south of the School property, with the preferred location near WCR 34 along a spur of North Creek. In addition to the new treatment facility, an 18-inch interceptor line would need to be installed along the North Creek spur to convey sewer flows southeast to the proposed plant. 2.2.5 Financing of the treatment facility will be via prepaid tap fees to developers. Interceptor lines to the new treatment facility would be financed separately via cost sharing by developers. At this time the location of the treatment facility and its interceptors is in the conceptual phase. 2.3 Electric Service 2.3.1 Electric service will be provided by United Power. 2.3.2 United Power indicated that electric service can be provided immediately (see letter from United Power in this section) via existing service facilities along WCR 38 and the frontage road along the east side of I-25. Existing and proposed electric facilities are shown on the Concept Plan. 2.4 Natural Gas Service 2.4.1 Natural gas service will be provided by Xcel Energy. 2.4.2 Xcel Energy has plans to install a service line along WCR 38 west of I-25 that could provide service to the area. To provide service to the property, this service line could be extended east along WCR 38 to the south boundary of the site. Existing and proposed natural gas facilities are shown on the Concept Plan. 2.5 Telephone Service 2.5.1 Telephone service will be provided by Qwest. 2.5.2 Existing and proposed telephone facilities are shown on the Concept Plan. 2.6 Streets 2.6.1 A preliminary street layout is shown on the Concept Plan. 2.7 Drainage 2.7.1 See the Preliminary Drainage Report for a discussion of existing and proposed drainage patterns and proposed drainage facilities. —•• 'EC/StF%� • •lSf �tt,#‘ � • �l • 1�`��S� ' ENV School Annexation Annexation Development Information 3. Water Rights Report 3.1 The owner of the School property has the following water rights associated with the land proposed for annexation: 3.2.1 Six (6) shares of capital stock of the Farmer's Extension Ditch Company. 3.2.2 Three and three-quarters (3-3/4) shares of stock in the Highland Ditch Company. 3.2.3 For irrigation of the property, Little Thompson Water Tap No. 373 has been used. 3.2 As a requirement of the annexation submittal process, the applicant will provide a Deed for Non-tributary Water Rights for water rights associated with the land proposed for annexation. This deed will be negotiated and executed upon completion of annexation. School Annexation Annexation Development Information 4. Statement of Community Need 4.1 Conceptual plans include commercial development of the west portion of the School property along the frontage road east of I-25 (see Concept Plan). 4.2 This development will include space for retail and commercial development. These developments will provide goods and services for residents of the Town of Mead, especially residents within future developments planned east of I-25. 4.3 At this time there is a lack of commercial and retail options for consumers within the Town of Mead. Development of the commercial areas within the School property will provide a diversity of retail and commercial options for existing residents and future residents of developments east of I-25. 4.4 Currently commercial and retail services are limited within Mead. The commercial land use within this development will create the opportunity for commercial and retail development that will generate additional sales tax and property revenue for the Town. Additional revenue to the Town may be used to fund improvements to infrastructure and services. 4.5 The commercial land use within this development is consistent with the land use goals of the Mead Area Comprehensive Plan along the east side of I-25. School Annexation Annexation Development Information 5. Statement of School Impact 5.1 The south portion of the School property is within the St. Vrain School District. The north portion of the property is within the Johnstown School District. 5.2 Based on the intended land uses of commercial and agriculture within this property, no students will be generated. School Annexation Annexation Development Information 6. Assessing the Impact of the following: 6.1 Water 6.1.1 See Preliminary Utility Plan. 6.2 Sewer 6.2.1 See Preliminary Utility Plan. 6.3 Natural Gas 6.3.1 See Preliminary Utility Plan. 6.4 Electric 6.4.1 See Preliminary Utility Plan. 6.5 Telephone 6.5.1 See Preliminary Utility Plan. 6.6 Streets 6.6.1 See Concept Plan for preliminary street layout within the development. 6.6.2 The applicant will participate in construction and financing of upgrades to WCR 38 south of the site and the frontage road east of I-25 along the western edge of the property according to Town and County standards. In addition the applicant understands that the County has proposed a north-south arterial in the area, however the alignment of this arterial is not known at this time. 6.7 Drainage 6.7.1 See Preliminary Drainage Plan. 6.8 Law Enforcement 6.8.1 Law enforcement will be provided by the Town of Mead and the Weld County Sheriffs Office. 6.9 Fire Protection 6.9.1 Fire protection will be provided by the Mountain View Fire Protection District. 6.10 Parks and Recreation 6.10.1 Conceptual plans for this development include commercial and agriculture land uses. Based on the Town of Mead open space requirement of 0.08 gross commercial retail, 7.5 acres of land must be dedicated as open space. In addition, Town planners have indicated that a strip of open space or "green belt" must be dedicated along the length of the north edge of the property adjacent WCR 40. The green belt is intended to provide a natural separation between the northern border of the Town of Mead and the southern boundary of the urban growth area for the Town of Johnstown. The width of the green belt has not been specified; however the applicant intends to cooperate with the Town regarding its needs for the green belt. 6.10.2 Open space within the commercial area and green belt will be dedicated to the Town and design and maintenance will be according to Town Standards. The green belt open space may include walkways, a trail system, play areas or tot lots. 6.11 Environmental Considerations 6.2.1 The applicant understands that a Phase I Environmental Site Assessment dated should be completed prior to Final Plat. 6.2.1.1. At this time the applicant is not aware of on-site or off-site recognized environmental conditions. 6.2.1.2. At this time the applicant is not aware of on-site or off-site historic recognized environmental conditions. 6.2.1.3. At this time the applicant is not aware of oil/gas wells on the site. 6.2.2 The applicant understands that an Ecological Constraints Analysis of the property may be required prior to Final Plat. 6.2.2.1. At this time the applicant is not aware of any federal Threatened or Endangered Species habitat present or immediately adjacent to the subject property. 6.2.2.2. At this time the applicant is not aware of any impacts to federally Threatened or Endangered Species habitat that will occur as a result of development of the property. 6.2.3 The applicant intends to comply with environmental standards and regulations in the Town of Mead Land Use Code as they pertain to this development. 6.12 Economic Development Potential 6.12.1 Economic development potential from this annexation will be derived from commercial and retail developments that will provide the Town with increased sales and property taxes and residents with more options for goods and services. 6.12.1.1. Increased sales and property taxes will provide the Town with a source of revenue for improvements to infrastructure, utilities and public services. 6.12.1.2. This development will provide consumers with commercial and retail options within the Town that they might otherwise seek in other areas. 6.12.1.3. Commercial and retail development will create additional jobs for residents of the Town. 6.12.1.4. Construction of this development will create jobs and generate additional sales tax revenue for existing businesses. 6.12.2 Other Town fees generated by this development are summarized on the Fiscal Analysis on Form D-4. School Annexation Annexation Development Information 7. Compatibility with and/or Difference from: 7.1 Street Master Plan 7.1.1 The applicant will construct and improve roadways according to Town of Mead Standard Design Criteria and Construction Requirements. Planning and phasing of roadways will be according to traffic generation and will be consistent with the goals of the Town of Mead Land Use Code. 7.1.1.1. Due to the limited size of the commercial areas, access to the commercial developments will be directly from the frontage road east of I-25 and from WCR 38. Some short segment of collector roads may be necessary at the entrances to the development. 7.2 Subdivision Plan 7.2.1 The proposed land uses for this property are commercial and agriculture. No subdivision plan is included. 7.3 Land Use Code 7.3.1 The applicant intends to meet or exceed the requirements of the Town of Mead Land Use Code for the Commercial and Agriculture land uses within this development. 7.4 Existing and Adjacent Land Use 7.4.1 The current land uses that surround this development are exclusively agriculture. The proposed land use for this development would not conflict with adjacent agricultural land uses, and it is compatible future land uses for surrounding areas as outlined by the Mead Area Comprehensive Plan. 7.4.1.1. The commercial development proposed for this property will increase the availability of goods and services to residents of the Town, especially residents of future developments east of I-25. School Annexation Preliminary Drainage Plan 8. Preliminary Drainage Plan 8.1 The proposed development project located on the School property consists of 590 acres of undeveloped land. The project is located in Section 35, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. The site is bounded to the north by Weld County Road 40, to south by Weld County Road 38, to the east by the private property, and to the west by I-25. 8.2 The existing terrain on the site slopes from west to east. The grades vary, however the slopes generally range from 2%-3%. The Farmers Extension Irrigation Ditch located near the southeastern portion of the site slopes easterly across the property. 8.3 The project area consists of several different types soils having a range of hydrologic groups identifications from group "B" to "C". The majority of the soils on the property consists of the soil group "B" and are deep and well drained (Soil Survey of Weld County, Colorado, Southern Part, Sheet No.I3 [Johnstown Quadrangle]). According to the FIRM Panels 725C and 750C (Flood Insurance Rate Map, Weld County, Colorado—Unincorporated Area, Revised September 28, 1982) no part of the project area is within the 100-year floodplain. 8.4 A high point is located on the western boundary near the midpoint of the property. The drainage patterns for the site convey flow from high point of the property easterly. The southeastern portion of the site contains a small drainage way that collects runoff east of the irrigation ditch and conveys flows off site and across Weld County Road 38. The off site drainage way ultimately discharges to the St. Vrain Creek approximately 4.5 miles downstream. There appears to be no off site runoff onto the project location. 8.5 Specific detention pond volume requirements have not been calculated at this conceptual level of planning, however in the future areas will be set aside to provide adequate detention facilities. The detention pond designs shall be sized such that the volume of the combined 100-year developed runoff will be detained and released at less than or equal to the 10-year historic discharge rate. 8.6 At this stage, the conceptual plan displays no adverse drainage impacts onsite or to the downstream areas. oQapp RfG/SI• F9,,� %-‘?..** CHR/Sl t f, I roe �^• i �'`,`,S/pNAtt"- • ) I I APPROXIMATE SCALE 1000 �0 1000 FEET c0 , hl ZONE C r = y - F ' FIRM 33 r`,"ii"''': • FLR0N INSURANCE AM UR A WELD +".- -��{ COUNTY, ;1 � COLORADO II I Ly,,,, Li T7R �� J17NINCORPOILAIND AMA d�'/_ `' .AREL,RS O�IC7S <r 1 wlRnR.r ....... • Remervoir 4 0 3 COMMUNITY-PANEL INNER 0R02K 0725 C i MAP REVISER 11? A SUMMER 21.191 CI I_-, Q !I \ \ I Ri..l-......T•r.r*r....v \---\ 1\ \ll MALOY s ""+ten Tela s n Mee we.r .sss to One en We OM Yf1. Pre Ie lam.peace i�an ..s•Nellw.Male Weave„a .ccTERR epee._teen mom%mr n em ma moo aw._....ere.,.. 43 re ! ----.4E� f� ® MILL APPROXIMATE SCALE .f Yy�NT k ----�-- _ -- 1000 ^` ^O WOO FEET t ?..,( LAKE l---•�.t y.}E1� �J rs ti ...._,,,, E.---7;;;\� rT.r/ • . Reservoir---r.' ,cF. rfotrIon-' s l (C Ollie1L \ E4l MilRSIEIEOE Ftl1ESR ':I Oem I MR w, -- n +r Oslo36 7! FIRM • ""''t:5' ;f � /-/ \ UN=RAM UTE NA► 3r • •' . 'I %; 7� .� •i, WALKER .m ♦ WELD N' At;"J ) COUNTY, -. COLORADO cli A T3R� �I WmICOi}OiASID ANA Ii j PANEL 750 OFF 1075 ' 6 It Z /I CORIIIOTinai sin ��\ if F 00020 0750 C !I MAP REVISER • Ij I SE►TENRER 2S.192 ik YYM_ere.,.er./mer.dal ll ! \\ TI. On er e an es Ceq 1•m ante.penal d . er age* .Y ea . i R.67 W. R.66 W. • a R.65 W. i 85 N I (1_ II.UAl v � BM'X `\ I BLACX <` R.RE \ 6 '1 T 6 N. HOLLOW �(vt, RESERVOIR �� Each aria outlined y mor.Ih.n on.kind ''\`�- mNnl for 9.n Ml OD ' Mil! 12 O for O.ci.ions on Hu L.1 ,�r� L.1 ,• T.J N. R.6.w. ` c `'r 5 C42 FINE r t R.63 W. t WINDSOR •.N. = RES Eaten Cantina j Wends �� • .Lat. i 11/ Ct 5 1, III 12 47 iCRT A :.UDR l � 5 12 UNION PACIFIC • 9 g 1 `\ cal 9 8 34 9 3 CREE' 11. 1� 34 5 4 9 �l '• Eva 9 12 $ 87 9 e , r. Smash Village arc — - j 25 — I 5y 7 +.. ! TT �C 12 __ �JM`.ioem . - 9 i� la �' LO R'HR ` 'Te THAN RESERvOIR 5 Thaw 0 � 1a • tit u wawa 6JJ S a J V 4 _ f r f Y `,g l ay:= B 4. 2 `'4 Y ` MILTON IS I. V 5 RES. cfR-i MS - bvo-wn. W 8 Jo O 5 R < 3 l`\ A 119 BURLINGTON 9 `�' / BURLINGTON 8 9jlon>! . / 5 6 IdV 5 ton. Fres A.mobur J' ji �i 3 ' , 11 2 , • .inn L�� z 11 h. O 4 ` S y Hudnn �` n u y R Valli.. .3 •�&._ ��```` a fa 3 11 i u 2 4 <z 25 �1 O PROSPECT 5 2 1 8 W'.mnbuR 1 RESERVOIR g 5 NORSE 5 G 4 5 RE X _ s . ES 87- - - - — as T6 O ADAMS COUNTY I ` - — 132 SOIL SURVEY TABLE 14.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." The symbol < means less than; > means greater than] Flooding Nign water table Bedroc4 Soil name and Hydro- Potential map symbol logic Frequency Duration Monts Depth Kind Months Depth Hard- frost group ness action Ft In 1 , 2 9 None --- --- >6.0 --- --- >60 --- Moderate. Alt van 39: Aquclls D Frequent---- Brief Apr-Jun 0.5-1.0 Apparent Apr-Jun >60 --- High. Aquents D Frequent---- Brief Apr-Jun 0.5-1.0 Apparent Apr-Jun >60 --- High. 49: Aquol:s 0 Frequent---- Brief Apr-Jun 0.5-1.5 Apparent Apr-Jun >60 --- High. Aquepts 0 Frequent---- Brief Apr-Jun 0.5-1.5 Apparent Apr-Jun >60 --- High. 5, 6, 7, 9, 9 B None --- --- >6.0 --- --- >60 --- Moderate. Ascalon 10 A Frequent---- Brief Mar-Jun >6.0 --- --- >60 --- Low. Bankard 11 , 12 9 None --- --- >6.0 --- --- >60 --- Moderate. Bresser 13 A None --- --- >6.0 --- --- >60 --- Low. Cascajo 14, 15, 16,fl--- NS None --- >6.0 --- --- >60 --- Low. 199: Colby 9 None --- --- >6.0 --- --- >60 --- Low. Adena C None --- --- >6.0 --- --- >60 --- Low. 19, 20 3 Rare --- --- >6.0 --- --- >60 --- Moderate. Colombo 21, 22 C None --- --- >6.0 --- --- >60 --- :Low. Dacono 23, 24 B None to rare --- --- >6.0 --- --- >60 --- Low. Fort Collins 25, 26 9 Rare to Brief May-Sep >6.0 --- --- >60 --- Low. Haverson common. 27, 29 C None --- --- >6.0 --- --- >60 --- Low. Heldt 29, 30 A None --- --- >6.0 --- --- >60 --- Moderate. Julesburg 31, 32, 33, 34---- 3 None --- --- >6.0 --- --- >60 --- Low. Kim 359: Loup 0 Rare to Brief Mar-Jun ..5-1.5 Apparent Nov-May >60 --- , Moderate. common. Boel A Occasional ;Brief Mar-Jun 1.5-3.5 Apparent Nov-May >60 --- ;Moderate. 36o: Midway D None --- --- >6.0 --- --- 10-20 Rip- :Low. p able; See footnote at end of table. WELD COUNTY, COLORADO, SOUTHERN PART 133 TABLE 1Y.--SCIL AND WATER FEATURES--Continued Flooding High water table Bedrocx Soil name and Hydra- ?otential map symbol logic Frequency Duration ;Months ; Depth Kind ;Months (Depth Hard- frost rgroup _ !less action e- .n 36a: Shingle D None --- --- >6.0 --- --- 10-20 Rip- Low. pable 37, 38 8 None --- --- >6.0 --- I --- 20-u0 Rip- Low. Nelson pable 39, 40, 01 --- >6.0 --- --- >50 --- Moderate. Y1 ,Y� O None --- YY, 45, Yb, 47, --- >6.0 --- I Y6 9 None --- --- >60 --- Low. Olney Yp A None --- --- >6.0 --- --- >60 --- Low. Osgood 50, 51 , 52, fl--- ill None --- --- >6.0 --- --- ; )60 --- Low. 54, 55 B None to rare --- --- >6.0 --- --- >60 --- Moderate. Paoli 56, 57 C None --- --- >6.0 --- --- 20-Y0 Rip- Low. Renohill pable 58, 59 D None --- --- )6.0 --- --- 10-20 Rip- Low. Shingle pable 60': Shingle D None --- --- >6.0 --- --- 10-20 Rip- Low. pable Renohill C None --- --- >6.0 --- --- 20-Y0 Rip- Low. pable 61 0 None --- --- >6.0 --- --- 10-20 Rip- Low. Tassel pable 62, 63 B None --- --- >6.0 --- --- 20-Y0 Rip- Low. Terry pable 611, 65 C None --- --- >6.0 --- I --- 20-Y0 Rip- Low. Thedalund pable 66, 67 C None --- --- >6.0 --- --- >60 --- Low. - Ulm 6Ba A None --- >6.0 --- --- >60 --- Low. Ustic Torriorthents 69, 70 A None --- --- >6.0 --- --- >60 --- Low. Valent 71'; ___ )60 --- Low. Valent A None --- --- >6.0 --- Loup D Rare to Brief Mar-Jun ..5-1.5 Apparent Nov-May >60 --- Moderate. common. 72, 73, 9 None 7Y, 75, 77 --- >6.0 --- --- >60 --- Low. --- Vona See footnote at end of table. 134 SOIL SURVEY TABLE 14.--SOIL AND WATER FEATURES--Continued Flooding High water table 9edroc'' Soil name and Hydro- Potential map symbol logic Frequency I Duration Months Depth Kind Months ;Depth Hard- I frost rgroup ness : action Ft In 78, 79, 80 C None ; --- --- - >6.0 --- --- ; >60 --- ;Moderate. Weld None --- --- >6.0 --- --- >60 --- .Low. + See map unit description for the composition and behavior of the map unit. WELD COUNTY, COLORADO, SOUTHERN PART 135 TABLE 15.--CLASSIFICATION OF THE SOILS Soil name Family or higher taxonomic class Adena Fine-loamy, mixed , mesic Ustollic PaLeargids Alt•xan Fine-loamy over sandy or sandy-skeletal , mixed , mesic Aridic Argiustolls Aquents AQuents Aquepts Aquepts A;uo Us Aquotis Ascalon Fine-loamy, mixed , mesic Aridic Argiustolls Bankard Sandy, mixed, mesic Ustic Torrifluvents 8,-.1 Sandy, mixed , mesic Fluvaquentic Haplustolls Bresser Fine-loamy, mixed, mesic Aridic Argiustolls Cascalo Sandy-skeletal, mixed , mesic Ustollic Calciorthids elle! Fine-silty, mixed (calcareous) , mesic Ustic Torriorthents Colombo Fine-loamy, mixed , mesic Torrifluventic Haplustolls Oacono Clayey over sandy or sandy-skeletal, montmorillonitic, mesic Aridic Argiustolls Fort Collins Fine-loamy, mixed , mesic Ustollic Haplargids Haverson Fine-loamy, mixed (calcareous) , mesic Ustic Torrifluvents Held' Fine, montmorillonitic, mesic Ustertic Camborthids Julesburg Coarse-loamy, mixed, mesic Aridic ArgiustolLs Rim Fine-loamy, mixed (calcareous) , mesic Ustic Torriorthents Loup Sandy, mixed , mesic Typic Haptaquolls Midway Clayey, montmorillonitic (calcareous) , mesic , shallow Ustic Torriorthents Nelson Coarse-loamy, mixed (calcareous) , mesic Ustic Torriorthents Meese Fine, montmorillonitic, mesic Aridic Argiustolls Olney Fine-loamy, mixed , mesic Ustollic Haplargids Osgood Loamy, mixed, mesic Arenic Ustollic Haplargids ,- Coarse-Loamy, mixed (calcareous) , mesic Ustic Torriorthents Paoli Coarse-loamy, mixed, mesic Pachic Haplustolls Renohill Fine, montmorillonitic, mesic Ustollic Haplargids Shingle Loamy, mixed (calcareous) , mesic, shallow Ustic Torriorthents Tasse' Loamy, mixed (calcareous) , mesic, shallow Ustic Torriorthents Terry Coarse-Loamy, mixed , mesic Ustollic Haplargids Thedalund Fine-loamy, mixed (calcareous) , mesic Ustic Torriorthents Ulm Fine, montmorillonLtic, mesic Ustollic Haplargids Ustic Torriorthents Ustic Torriorthents Valent Mixed , mesic Ustic Torripsamments Vona Coarse-Loamy, mixed, mesic Ustollic Haplargids Weld Fine, montmorillonitic, mesic Aridic PaleustoLls YAM. ; Fine-silty, mixed, mesic Ustollic Haplargids eu.S.CO4ERNMENT P6iNTING OFFICE: I910-25I-606,27 a 41 I Town of Mead L%Yr111 P.O.Box 828 441 Third Street Mood"AT in'-Town Mead,Colorado 80542-0626 With&Big Future" (970)535-4477 June 23, 2003 CERTIFIED MAIL# 7000 0600 0028 3529 6163 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Required Annexation Impact Report- Ray&Alma School Annexation to the Town of Mead, Maass Annexation No. 1 to the Town of Mead and Maass Annexation No. 2 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 Ray&Alma School Annexation to the Town of Mead,Maass Annexation No. 1 to the Town of Mead and Maass Annexation No.2 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, cifriat“)-- Candace Bridgwater Town Clerk Impact Report-School-Mass Cover Letter.wpd June 22,2003 ANNEXATION IMPACT REPORT RAY&ALMA SCHOOL ANNEXATION TO THE TOWN OF MEAD June 23, 2003 Prepared for: Town of Mead P.O. Box 626 Mead, CO 80542 Table of Contents Page Project Description 1 II. Municipal Services 1 III. Special Districts 1 IV. School District Impact 2 V. Exhibits 2 A. Existing Conditions Map and Proposed Land Use Map 2 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 590 acres to be annexed for future development and 92 acres contained in the 1-25 right-of-way. The property is located east of 1-25 and between WCR 38 and WCR 40. The annexation is contiguous to the Town on its western boundary hand through the annexation of the 1-25 right-of-way, it satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by the Douthit Mead LLC and the Ray&Alma School LLC. Approximately 94.3 acres adjacent to the 1-25 are proposed for commercial development, with the remaining 495 acres to be held for future development. The land is currently zoned A(Agricultural) by Weld County. In conjunction with the proposed annexation, the zoning will change to business and commercial and agricultural in conformance with the Town's Land Use Code. Adjacent land uses include agriculture, the AT&T microwave relay facilities and rural residences on large lots. II. Municipal Services: Municipal services for the Ray&Alma School 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 Qwest Water Little Thompson Water District Sanitary Sewer Sewer service will be provided by the Town of Mead. Developers will participate with the Town of Mead in the financing and construction of new sewer facilities proposed for construction east of 1-25. Financing of the treatment facility will be by prepaid tap fees with construction of interceptor sewer lines financed separately by a cost sharing agreement with adjacent developers. Fire The site is currently served by the Mountain View Fire Protection District And the Berthoud 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 is 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 within the following special districts: Little Thompson Water District St. Vrain Valley School District RE-1J Johnstown School District RE-5J Mountain View Fire Protection District Berthoud Fire Protection District Northern Colorado Water Conservancy District St. Vrain - Left Hand Water Conservancy District Thompson Rivers Park and Recreation District Big Thompson Soil District Weld Library District Page 1 of 2 Aims Junior College IV. School District Impact: It is anticipated that the annexation will bring a benefit to the St. Vrain School District RE1J and the Johnstown School District RE-5J due to the increase in valuation, and will contribute no K-12 students to the school system. V. Exhibits: A. Annexation Impact Map(Existing Conditions and Proposed Land Use Map) Page 2 of 2 RAY & ALMA SCHOOL ANNEXATION TO THE TOWN OF MEAD IA PORTION OF SECTION 35, SOUTH ONE-HALF SECTION 26, SOUTHEAST ONE-QUARTER SECTION 34, TOWNSHIP 4 NORTH, RANGE 68 WEST, AND SECTION 2, EAST ONE-HALF SECTION 3, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO °.�, 7 l!( \ TSI\y,€XISTING 1`• f Irl ., � Cl/ ;/ (� •I*ri o iIi rr yg�ti ATER-all/ %r / _ 27 `- ' • C_' .,.1 1 l( I1 AGRICULTURE ` - AGM-CU-LTG ' .-- { a 1 l �� .�� W . I I ��, f r:l . . J a i �. \ ._, p r + - / TO N AND'OF MEAD / +`I �� a' !J \�. ' i5 'J \ ';� 6151 ITARY SEWER 4% I'- \ lPROP0 ` SERVICE BOUNDARY -A ` 121 i P:OPO D ;REVISED) •••.....,, `\ _' LI- WATE AIN -• CR 1/2 ISED S?lam . , •&‘,� "TOWN LI '%/ p�f�jlJ PROPERTY • o / / , _ // BOUNDARY f . --Was ol: 7 �rf 0108 WCR 40 15010• / so9.f '� �4 w If/A0 ii \ ........ SI.. , r \ .. II"0AIA'1'1 NI r� 71 ! • •-XGRIC.ULTORI c�50 I'. �. IAA A A I I - 54-1-.41 Il •AI 141- .‘K4:4-4 . 4 ./ . - -. - . 4-' /\ OR Raft _ IAA.1• . Dam —_ IAAIIA�1111 •. ItH _ _ A��11 - - --AGRICULTURE �AIA1AA111 l ._r'•a.. r• �x Aa .k. } _ -a . .. J 1 ..is ,.48 I ■ I `"C.a.� _ _.',t. - . - - • +i ,TOWN -s-v -- t� ' 1 {,D - -----at _ ! I. ... -.� g SAN1rA'Lv�E�NER ,` - ED 16 INCH SERVICE BOUNQARYw _ A0tAO�� I ,. • V8, ER-MAIN r`Y ) (TO BE REVI• •) �.i\ -` _. — II'AI'1'1� d• ' •./ 'fie � •_ �t ./ i\ .. .� ��pIQQy 4/* Cr- AGRICULTURE -,ti 000 r .� '. TOWN OF MEAD_ 4i�Ar6� I• r " _ �`._,. 01115�i°i . -I� �I - - t k Walker AGRICUL - r:`A�I�ILAi. WCR38. �i� BM• --ti Y9. 5047 I .4965 - R 4965 . l� �`.... ; C I\ ---II' 1 ',`� ✓. > • , `• AG4 'U ,_ E 0 ' - . AGRICULTU • \ - \ �a ) • II O '� 014-\ __ \ (`CR .-'E0L(in01r' r-\\ POSEDII PROPOSED.• �• ky• � �-•'C --• o ti, 4a � W H SANITARY SEWER " \\� �: "' ; ��✓ J 1 WA ` IN\� INTERCEPTOR 2 GRICULQURE ..; i .' �.\ e A RIC TUBE r ti , Onr -.--t \� Q I I , t `' 'STING \ ; t_.. ` O , 1/4\ ` 1, \ , 1 ' �. `2.^NCH- - \� % l I - _`1 \l_ i', I 1, ` WAITER MAIN_ at \\. .,...Ir. . i '.1 r"'] . •-, o ti' \VA. • 4Y 1II 4,, 7 1000 0 500 1000 2000 on Eim OWNER/APPLICANT: OWNER: $. 0 1 -som RAY&ALMA SCHOOL LLC DOUTHIT MEAD LLC ANNEXATION IMPACT MAP 203 PARFITT WAY SW 4886 HWY 66 '[ (-nDiP IMPACT MAP SUITE 200 LONGMONT,CO 80504 n7>< sRP1n ET.5M w11 u1.lrio BAINBRIDGE ISLAND,WA 98110 ol°IXia�[�'1xi1C 1)iw an7 FAX(XI)216.112. (206)780-9989 uµ Ins ,.,,. w""„ ' " 300 0. JUNE 2003 [....M4' M ' 052251541 uwa 0001 Omen C6 ...os MY L. 1 a 1 ✓1 ANNEXATION IMPACT REPORT MAASS ANNEXATION NO. 1 TO THE TOWN OF MEAD MAASS ANNEXATION NO. 2 TO THE TOWN OF MEAD June 23, 2003 Prepared for: Town of Mead P.O. Box 626 Mead, CO 80542 Moxaeon Impact Report-Meese Annex wed 6/23/03(9:54 am) Table of Contents Page 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 2 Mention Impact Report-Maass Annex.wpd 6/23103(9:54 am) 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 276 acres to be annexed in two annexations in series and is located approximately one-half mile east of I-25 and between WCR 36 and WCR 38. The annexation is contiguous to the Town along WCR 38 through the annexation of the Ray& Alma School property north of WCR 38. Through the series of two annexations, it satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by Merlin and Susan Maass. The property is under contract to Lumberman's Investment Corporation, 5495 Beltine Road, Suite 225, Dallas, TX 75240. The land is currently zoned A(Agricultural) by Weld County. In conjunction with the proposed annexation, the zoning will change to medium density residential in conformance with the Town's Land Use Code. Adjacent land uses include agriculture, and rural residences on large lots. II. Municipal Services: Municipal services for the Maass Annexation No. 1 and No. 2 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 Qwest Water Little Thompson Water District Sanitary Sewer Sewer service will be provided by the Town of Mead. Developers will participate with the Town of Mead in the financing and construction of new sewer facilities proposed for construction east of I-25. Financing of the treatment facility will be by prepaid tap fees with construction of interceptor sewer lines financed separately by a cost sharing agreement with adjacent developers. 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 is to 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 within the following special districts: Little Thompson Water District St. Vrain Valley School District Mountain View Fire Protection District Northern Colorado Water Conservancy District St. Vrain -Left Hand Water Conservancy 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 611 K-12 students to the school system. AnexiBon lmped Report-Meets Annex wed 6/23(03(9:54 em) Page 1 of 2 I w Approximately 10 acres of land within the site will be set aside for consideration as the site for construction of a future elementary school. Planning for a future elementary school will be coordinated with the St. Vrain School District. V. Exhibits: A. Annexation Impact Map (Existing Conditions and Proposed Land Use Map) Ana:anon Impact Report-Maass Annex.wpd 6/23/03(9:56 am) Page 2 of 2 MAASS ANNEXATION TO THE TOWN OF MEAD ` I A PORTION OF NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PRINCIPAL - MERIDIAN COUNTY OF WELD, STATE OF COLORADO Ilf Q _I _ \� �C._ .\ lJ �69W� -- TR+. � EXIStiT'ING '�. ; , AGRICULTURE -INCH ,i — ` .\� WATER MAIN 'k�_ 9C • ~�so°o 'Z I� Is � /i, AGRICULTURE i.- TOWN'�Nr ‘F MEAD.. �1Dr s�� / i i ('�� ..... _ ` SANITARY L�yVER ' . . PR I ' ,SERVI¢EBIU __ '• / 8 1RT `~ l_ - (TO BE REVI ED•)-v ^.,`71 ' T•WN rtM r ( ' P'•POSED-4);CFF;° _ x S�.‘ . I. — - U'i r MAIN f welkin.— -AGRICULl'�7 1 '- ® ) �' E062 1 J �.,/ i. .� 4415g. 7965 C. . ___v 1\�9 O �� y\\ -SAG- U E \c' 1) 1i a ; , /O � /'�, 9TTh: ' ti• /i \....` ll . `�` � , � . rvt, - V 1 :GR CU,' RED, •A ill PROPS+!I t� i I-_OU�� `� \ ;4-:'•,'• / .e SAG CUL \~_•y'� • .. f � to Q \ I(-J.-,1cR • • 1 it. 1I ,,, .../1 ` 1 ', ¢ < �./ ►� , G PROPOSED •.‘� 11 •'- ' W" 'Or-- �. it • .�� �.� /''/ ;SANITARY SEWER'\-- , ,k ' - \ A .Q C \.. C \ •Sti .:. / � � INTERCEPTOR. / ' N BM � I 1 CI « 5012 `L Li , 1 • \ __. — r • A. LTURE •. _ WCR 3•.._-•-__ / 5LTURE•••:,...., 1 '�- so°" Mai 12-INCH • WATER MAI ?_:4\1 _; 7 / ~ )1 .'' ' 'Aw> -4,_, /\\\\ . EXISTING ' -"soma C ' A tsT O' '�Il IFM 2 `fie l o� � •\\--Th ''...L_ThsoCL—k ;� APPLICANT: LUMBERMEN'S INVESTMENT CORPORATION '°°° °°°�°°° m°° lomso 5495 BELTLINE ROAD COMM.sowc r.21X0 SUITE 225 DALLAS,TX 75240 ANNEXATION IMPACT MAP (972)702-8699 TurnerColllegEtiadeninc OWNER: . 551 RfORf 021M31.=WO 00202 MERLIN H.MAASS 8 SUSAN M.MAASS P110"(3031 29.7111 'µ(3031 x•-1104 not I - tar P.O.BOX 505 u"" `°s "` v.• •r .ML 2051 MEAD,CO 80542 9r.sidIAC Oar.CIA a*A522515419..••.0001 d••• 07 tens,15Y Pool I of I Hello