HomeMy WebLinkAbout20030830.tiff 6.
Deed Restrictions
BEEBE DRAW FARMS
and
yx .
, EQUESTRIAN CENTER ti
FILING No . 2
2003-0830
Beebe Draw Filing 2
Know all men by those present that the undersigned being the Owner(s),Mortgagee or Lienholders of certain.
lands in Weld County, Colorado, described as follows:
Legal Description of a parcel of land being a portion of that certain parcel of land described on the boundary
survey recorded April 12, 1995 in Book 1487,Page 123 under Reception No. 2433894 on file in the office
of the Clerk and Recorder, Weld County, Colorado situate in Sections 4, 5, 8, 9, 10 and 17, Township 3
North, Range 65 West of the 6's Principal Meridian being more particularly described as follows:
Beginning at the Southwest Corner of said Section 8 and considering the West line of said Section 8 as
bearing North 00°09'35"West and with all bearings contained herein relative thereto;thence along said West
line North 00°09'35" West 1994.84 feet to a point on the Southerly line of the corrected first filing plat of
Beebe Draw Farms and Equestrian Center recorded December 13, 1989 in Book 1251 under Reception No.
02200074 according to the plat on file in the office of the Clerk and Recorder,said County;thence along the
boundary of said plat the following 53 courses and distances;South 73°10'00"East 888.37 feet;thence South
16°50'00" West 153.46 feet; thence South 46°50'08" East 749.22 feet; thence North 55°46'07" East 97.84
feet; thence South 46°59'23" East 1326.17 feet; thence North 83°33'14" East 694.12 feet; thence North
32°48'49"East 257.46 feet to a point on a curve concave to the Northeast having a central angle of 21°56'45"
and a radius of 993.66 feet; a radial line passing through said point bears South 31°07'32" West; thence
Southeasterly along the arc of said curve 380.60 feet to the end of said curve;thence tangent from said curve
South 80°49'12" East 169.63 feet to the beginning of a tangent curve concave to the Southwest having a
1 central angle of 26°11'26" and a radius of 1221.67 feet; thence Southeasterly along the arc of said curve
l 558.44 feet to the end of said curve; thence tangent from said curve South 54°37'46"East 70.54 feet;thence
North 35°22'14" East 150.48 feet; thence North 85°40'29" East 507.75 feet; thence South 87°32'47" East
399.71 feet; thence South 78°20'53" East 391.38 feet; thence North 13°54'57" West 1387.81 feet; thence
South 88°16'34" East 170.52 feet; thence South 37°13'43" East 1250.00 feet; thence South 62°09'58" East
450.00 feet;thence South 79°40'14"East 400.00 feet;thence South 75°25'39"East 450.00 feet;thence North
89°41'05" East 398.67 feet; thence North 00°22'03" East 470.01 feet; thence South 89°41'05" West 50.00
feet; thence North 00°22'04" East 495.00 feet; thence North 89°37'55" West 91.83 feet; thence North
42°24'27" West 646.46 feet;thence North 72°26'31"West 54.60 feet; thence North 17°17'09" West 207.35
feet; thence North 00°16'43" East 348.60 feet; thence North 12°04'51" West 380.71 feet; thence North
06°35'57"West 425.17 feet;thence North 41°32'24"West 327.37 feet;thence North 31°19'19"West 302.66
feet; thence North 23°33'38" West 293.98 feet; thence North 20°56'25" West 650.00 feet; thence North
34°55'56"West 423.91 feet; thence North 52°36'54" West 357.78 feet to a point on the South right-of-way
line of Beebe Draw Farms Parkway; thence along said South right-of-way line the following three courses
and distances; South 37°23'06" West 155.00 feet to the beginning of a tangent curve concave to the
Northwest having a central angle of 28°09'58"and a radius of 1141.35 feet;thence Southwesterly along the
arc of said curve 561.08 feet to the end of said curve; thence tangent from said curve South 65°33'04" West
266.94 feet; thence North 24°26'46" West 100.00 feet; thence North 46°08'35 West 1117.27 feet; thence
South 74°02'57" West 850.00 feet to a point on a curve concave to the Southwest having a central angle of
21°01'08" and a radius of 986.23 feet; a radial line passing though said point bears North 62°51'38" East;
thence Northwesterly along the arc of said curve 361.80 feet to the end of said curve; thence tangent from
said curve North 48°09'30"West 225.00 feet; thence South 41°50'30" West 235.00 feet to the beginning of
a tangent curve concave to the Southeast having a central angle of 20°43'40" and a radius of 225.00 feet;
thence Southwesterly along the arc of said curve 81.40 feet to the end of said curve; a radial line passing
1
ANS
through said end of curve bears North 68°53'10" West; thence departing said curve North 68°53'10" West
450.00 feet; thence South 38°50'00" West 331.13 feet; thence North 72°28'11" West 508.22 feet; thence
South 86°32'30" West 1532.88 feet; thence South 89°50'25" West 200.00 feet to a point on the West line of
said Section 8;thence departing said corrected first filing plat of Beebe Draw Frames and Equestrian Center
and along said West line of said Section 8 North 00°09'35"West 206.16 feet to the Northwest Corner of said
Section 8; thence along the West line of the Southwest Quarter of said Section 5 North 00°25'20" West
2654.03 feet to the West Quarter Corner of said Section 5; thence along the West line of the Northwest
Quarter of said Section 5 North 00°24'27" West 1327.22 feet to the Southwest Corner of the North Half of
the Northwest Quarter of said Section 5; thence along the South line of the North Half of the Northwest
Quarter of said Section 5 North 89°44'21"East 2631.31 feet to the Southeast Corner of the North Half of the
Northwest Quarter of said Section 5; thence along the South line of the Northwest Quarter of the Northeast
Quarter from said Section 5 North 89°44'21" East 1331.58 feet to the Southeast Quarter of the Northwest
Quarter of the Northeast Quarter of said Section 5; thence along the East line of the Northwest Quarter of
the Northeast Quarter of said Section 5 North 00°38'58" West 1325.38 feet to the Northeast Corner of the
Northwest Quarter of the Northeast Quarter of said Section 5; thence along the North line of the Northeast
Quarter of said Section 5 North 89°39'41"East 1333.17 feet to the Northeast Corner of said Section 5;thence
along the North line of the Northwest Quarter of said Section 4 North 89°45'43" East 2638.09 feet to the
North Quarter Corner of said Section 4;thence along the North line of the Northeast Quarter of said Section
4 North 89°24'30"East 805.01 feet; thence departing said North line South 40°03'54"East 9.61 feet;thence
South 10°09'16" West 45.49 feet; thence South 27°01'56" West 281.98 feet; thence South 35°02'52" West
129.95 feet; thence South 46°24'35" West 113.95 feet; thence South 67°56'11" West 114.41 feet to the
beginning of a tangent curve concave to the Southeast having a central angle of 43°14'52" and a radius of
210.00 feet; thence Southwesterly along the arc of said curve 158.51 feet to the end of said curve; thence
tangent from said curve South 24°41'19"West 39.72 feet to the beginning of a tangent curve concave to the
Southeast having a central angle of 68°10'08" and a radius of 217.23 feet;thence Southeasterly along the arc
of said curve 258.45 feet to the end of said curve;thence tangent from said curve South 43°28'49" East
159.97 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 48°38'11"
and a radius of 81.88 feet; thence Southwesterly along the arc of said curve 69.51 feet to the end of said
curve; thence tangent from said curve South 05°09'21" West 19.20 feet to the beginning of a tangent curve
concave to the Northwest having a central angle of 25°54'10" and a radius of 260.90 feet; thence
Southwesterly along the arc of said curve 117.95 feet to the end of said curve;thence tangent from said curve
South 31°03'31" West 130.58 feet; thence South 09°40'49" West 95.26 feet; thence South 03°11'34" East
116.07 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 36°30'36"
East and a radius of 180.24 feet; thence Southeasterly along the arc of said curve 114.85 feet to the end of
said curve; thence tangent from said curve South 39°42'10" East 116.57 feet to the beginning of a tangent
curve concave to the Northeast having a central angle of 45°22'31" East and a radius of 114.82 feet;thence
Southeasterly along the arc of said curve 90.93 feet to the end of said curve;thence tangent from said curve
South 85°04'41" East 170.71 feet to the beginning of a tangent curve concave to the Southwest having a
central angle of 68°29'30" and a radius of 126.33 feet; thence Southeasterly along the arc of said curve
151.02 feet to the end of said curve;thence tangent from said curve South 16°35'11" East 120.95 feet to the
beginning of a tangent curve concave to the West having a central angle of 25°35'07" and a radius of 440.41
feet; thence Southwesterly along the arc of said curve 196.66 feet to the end of said curve; thence tangent
from said curve South 08°59'57" West 101.24 feet to the beginning of a tangent curve concave to the
Northeast having a central angle of 59°32'10" and a radius of 242.34 feet;thence Southeasterly along the arc
of said curve 251.82 feet to the end of said curve;thence tangent from said curve South 50°32'12"East 97.62
,.� feet; thence North 89°31'48" East 283.17 feet; thence South 31°18'26" East 113.96 feet; thence South
J 58°32'01"West57.39 feet;thence South 31°27'59"East 522.19 feet;thence South 10°25'00"East 99.33 feet;
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thence South 33°44'57" East 157.31 feet; thence South 51°33'07"West 95.52 feet; thence South 00°23'23"
East 177.92 feet; thence South 10°18'08" East 78.26 feet; thence South 30°46'04" East 152.46 feet; thence
South 47°55'59"East 265.05 feet; thence South 37°58'27" West 164.42 feet; thence South 06°08'57" West
239.20 feet;thence South 33°32'01"East 129.62 feet;thence South 74°20'38"East 218.49 feet;thence South
21°05'43" East 136.12 feet; thence South 05°34'34" East 216.02 feet; thence South 40°38'47" East 130.48
feet; thence South 06°37'24" West 112.76 feet; thence South 13°34'05" East 59.67 feet; thence South
35°26'15"East 136.24 feet;thence South 49°59'28"East 73.11 feet;thence South72°02'53"East 149.26 feet;
thence South 28°24'37" East 133.73 feet;thence South 28°24'37" East 133.73 feet; thence South 40°21'43"
East 122.55 feet;thence South 31°08'11" East 168.24 feet;thence South 35°26'36" East 144.84 feet;thence
South 52°48'46" East 145.60 feet; thence South 53°35'11" East 274.60 feet; thence South 01°31'42" West
75.03 feet;thence South 30°03'25"West 263.26 feet;thence South 06°03'06"East 282.44 feet;thence South
25°15'38" East 337.55 feet; thence South 23°51'00" East 264.59 feet; thence South 29°30'32" East 174.35
feet;thence South 37°11'17"East 96.99 feet;thence South 52°03'02"East 69.68 feet;thence South 55°31'03"
East 148.65 feet;thence South 16°11'28" East 138.93 feet; thence South 42°52'22"East 177.69 feet; thence
South 25°09'33" East 155.19 feet; thence South 24°47'22" East 180.62 feet; thence South 36°43'50" East
146.03 feet;thence South 25°08'32"West 111.15 feet;thence South 02°01'46"East 227.19 feet;thence South
20°03'30" East 193.90 feet; thence South 12°32'52"East 346.85 feet; thence South 10°22'25" West 264.13
feet; thence South 05°07'51" West 157.19 feet; thence South 32°32'42" West 220,12 feet; thence South
19°19'50"West 268.66 feet;thence South 38°04'09"West284.92 feet;thence South 79°43'19"West 714.61
feet; thence South 24°52'21" West 224.67 feet; thence South 07°13'48" East 37.52 feet to a point on the
South line of said Section 10;thence along said South line South 89°28'30"West 283.01 feet to the Northeast
Corner of said Section 9; thence along the South line of said Section 9 South 89°41'18" West 5121.15 feet
to the Northeast Corner of said Section 17;thence along the East line of said Section 17 South 00°30'21"East
5282.59 feet to the Southeast Corner of said Section 17;thence along the South line of said Section 17 South
89°33'05"West 5327.95 feet to the Southwest Corner of said Section 17; thence along the West line of said
Section 17 North 00°29'44" West 5259.39 feet to the POINT OF BEGINNING.
Containing 2,307.166 acres,more or less, have by these presents laid out,platted, and subdivided the same
into lots,as shown on this plat,under the name and style of Beebe Draw Farms and Equestrian Center,Filing
2, and do hereby dedicate to the public, school district, owners and future owners of this subdivision all
ways, public rights-of-way, easements, parks and open space, and other public rights-of-way, easements,
parks and open space, and all other public rights-of-way and easements for purposes shown hereon.
Executed this Is day of iR;coo 5 r A.D., 200 .
Owner
J
3
Weld County Planning Dept.
SEP 15 2000
AIN
DECLARATION OF COVENANTS FOR g� r ; WED
E
BEEBE DRAW FARMS AND EQUESTRIAN CENTER. FIRS-may i
THIS DECLARATION is executed this 27th day of January, 1999; by REI LIMITED
LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as
INVESTORS LIMITED LIABILITY COMPANY ("Declarant"), and BEEBE DRAW FARMS
METROPOLITAN DISTRICT, a Colorado special district (the "District"), for the purpose of
affirming the District's rights under Article 5. The Declarant, being the owner of the following-
described real property located in the County of Weld, State of Colorado:
Lots 1 to 188, inclusive, Replat of Beebe Draw Farms and Equestrian Center,
First Filing, according to the recorded plat thereof, Weld County, Colorado;
for the purpose promoting and enhancing the value, desirability and attractiveness of the
community and maintaining the community in a higher standard than usual, does hereby
DECLARE that such property and all improvements thereon shall be held and conveyed subject
to the following terms, covenants, restrictions and conditions:
ARTICLE 1
�y RESTATEMENT OF PRIOR COVENANTS
Declarant's predecessors in interest previously recorded Declarations of Covenants in
the Records (as hereafter defined) burdening a portion of the Property, as follows: December
31, 1985, under Reception No. 02037656 in Book 1097; March 3, 1988, under Reception No.
02132909 in Book 1187, and May 25, 1989, under Reception No. 02180722 in Book 1233 (the
"Prior Declarations"), This Declaration does hereby and when recorded in the Records shall
amend, restate, and supersede in full the Prior Declarations.
ARTICLE 2
EXEMPTION FROM COLORADO COMMON INTEREST OWNERSHIP ACT
Declarant hereby affirmatively states that at no time shall the annual assessment
imposed herein on each Lot or ownership parcel (exclusive of optional user fees and insurance
premiums paid by the Association, if any, and specifically excluding assessments, rates, fees,
or charges imposed by the District (as hereafter defined), which shall not be limited by any
provision of this Declaration) exceed four hundred dollars, or such higher amount as may be
hereafter permitted underthe Act(as hereafter defined)to retain this exemption. Therefore,the
Property is subject to H38-33.3-105 through 107, C.R.S., but is not subject to the remainder
of the provisions of the Colorado Common Interest Ownership Act, as setforth in§38-33.3-101,
et seq., CiZ.S. (the "Act").
MIIII IIIII 111111 IIIII 111111 IIII 111111 III VIII IIII IIII
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of 27 R 136.00 D 0.00 JA Suki Tsukamoto
5 Thchbeebe cov.wpd 1/27/99
ARTICLE 3
DEFINITIONS
3.1 ACC or Architectural Control Committee refers to the committee of the Associa-
tion created pursuant to Article 8 of this Declaration.
3.2 Association. The Association is Beebe Draw Farms Property Owners Associa-
tion, a Colorado non-profit corporation. Any references in the Subdivision Plat or the PUD to
"Beebe Draw Property Owners Association" shall mean the Association.
3.3 Board of Directors. The Board of Directors is the governing board of the
Association.
3.4 Bylaws. The Bylaws are the Bylaws of the Association, as they may be amended
from time to time.
3.5 Common Elements. The Common Elements, if any, are all the real estate
comprising the Property other than Lots and other than the District Facilities, as hereafter
defined, all of which shall be owned by the Association. To the extent any real estate is a
Common Element at the time this Declaration is recorded, but is thereafter conveyed to the
District by deed or other instrument of conveyance recorded in the Records, upon recording
.-. of such deed or other instrument of conveyance in the Records, the real property described
therein shall immediately cease to be considered a Common Element hereunder and shall then
and thereafter be considered a District Facility.
3.6 Common Expenses. The Common Expenses are the expenses or financial
liabilities not paid by or the responsibility of the District for the operation of the Community.
Common Expense Assessments are the funds required to be paid by each Lot Owner in
payment of such Owner's Common Expense liability. These expenses include:
(a) expenses of administration, maintenance, construction, improvement,
repair or replacement of the Common Elements;
(b) expenses of utilities not separately metered and billed directly to the Lot
Owners;
(c) expenses declared to be Common Expenses by this Declaration;
(d) expenses agreed upon as Common Expenses by the Association; and
(e) such reasonable reserves as may be established by the Association,
whether held in trust or by the Association, for repair, replacement or addition to the Common
Elements or any other real or personal property acquired or held by the Association.
In addition, some costs and expenses benefitting fewerthan all the Lots shall be
a Common Expense, but shall be assessed exclusively against those Lots benefitted, as more
fully set forth in Section 11.2.
2
1111 11111 11111 till 11111 IIII HIE Hill 111Jill
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3.7 Community. The Community is the Beebe Draw Farms and Equestrian Center,
First Filing, as contemplated in the PUD, or so much thereof as may have been designed and
constructed from time to time.
3.8 Declarant. The Declarant is REI Limited Liability Company, a Wyoming limited
liability company, doing business in Colorado as Investors Limited Liability Company.
3.9 Declaration. The Declaration is this document, including any amendments.
3.10 Director. A Director is a member of the Board of Directors of the Association.
3.11 District. The District is Beebe Draw Farms Metropolitan District, a Colorado
special district, or other special districts organized pursuant to State law to provide public
facilities or services within the Community.
3.12 District Facilities. The District Facilities are defined in Article 5.
3.13 Environmental Assessment. The Environmental Assessment is that certain
written document evidencing the agreement reached between Declarant and the Bureau of
Reclamation on March 3, 1997, including but not limited to the Memorandum of Agreement
dated February 25, 1997, between the Declarant, District, and Bureau of Reclamation.
3.14 FRICO means The Farmers Reservoir and Irrigation Company, a Colorado
corporation.
3.15 FRICO Lease shall mean that certain Grazing and Recreational Lease dated
March 4, 1987, between FRICO, as lessor, and Beebe Draw Land Company, Ltd., a Colorado
limited partnership, as lessee, as amended, the rights of the lessee thereunder having been
assigned to the District. The FRICO Lease was recorded in the Records on March 6, 1987, at
Book 1148, Folio 1665, Reception 02090926.
3.16 Improvements. Improvements are any construction, structures, equipment,
fixtures or facilities existing or to be constructed on any of the Property which is included in the
Community, including but not limited to: Residences, buildings, landscaping, gardens,trees and
shrubbery planted by an Owner, the Declarant, or the Association, exterior television and radio
satellite dishes, antennae and towers, paving, utility wires, pipes and light poles.
3.17 Lake. The Lake is the Milton Reservoir Lake, owned by FRICO but leased to the
District under the FRICO Lease, as assigned.
3.18 Lot. A Lot is a platted portion of the Property designated for separate ownership
or occupancy, the boundaries of which are defined on the Subdivision Plat. A parcel of land
identified on the Subdivision Plat as an "Outlot"shall not be considered a "Lot"for purposes of
this Declaration.
3.19 Lot Owner or Owner. The Lot Owner or Owner is the Declarant or any other
Person who owns a Lot. Lot Owner does not include a Person having only a Security Interest
11111111111111111 IIIII I���4�01. O Weld�� N II
or any other interest in a Lot solely as security for an obligation. The Declarant is the initial
Owner of each and every Lot created and defined by this Declaration and the Subdivision Plat.
3.20 Maiority or Majority of Lot Owners. The Majority or Majority of Lot Owners means
Owners representing more than 50 percent of the votes in the Association.
3.21 Manager. A Manager is a person, firm or corporation employed or engaged to
perform management services for the Community and the Association.
3.22 Notice. The term Notice shall mean the notice of delinquent Common Expense
Assessment provided for in Section 11.3.
3.23 Person. A Person is an individual, corporation, trust, partnership, limited liability
company, association, joint venture, government, government subdivision or agency or other
legal or commercial entity, or a combination thereof.
3.24 Prior Declarations are those declarations of covenants referred to in Article 1
above burdening a portion of the Property and previously recorded in the Records, which are
amended, restated and superseded by this Declaration.
3.25 Property. Property is the land and all Improvements, easements, rights and
appurtenances presently owned by Declarant which have been submitted to this Declaration,
as described in the first paragraph hereof, or any other lands added hereafter, as provided
herein, excluding any District Facilities, land or improvements.
3.26 PUD Plan.The PUD Plan shall mean the Master Plan for the Community as filed
with and approved by the Weld County Planning and Zoning Department, as the same may be
amended from time to time.
3.27 Records. The Records are the real estate records in the Office of the Clerk and
Recorder of Weld County, Colorado.
3.28 Residence. A Residence shall be the building for single-family living, constructed
on a Lot, including an enclosed garage attached thereto or connected thereto by an arbor or
breezeway.
3.29 Rules. The Rules are the regulations for the use of the Common Elements and
the use and occupancy of Lots as they affect the Common Elements and the other Owners,
and for the conduct of persons within the Community, as may be adopted from time to time by
the Board of Directors pursuant to this Declaration.
3.30 Security Interest. A Security Interest is an interest in and encumbrance upon real
estate or personal property, created by contract or conveyance, which secures payment or
performance of an obligation. The term includes a lien created by a mortgage, deed of trust,
installment land contract. lease intended as security, assignment of lease or rents intended as
security, pledge of an ownership interest in the Association, and any other consensual :fen
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2670226 01/29/1999 03:55P Weld County CO
intended as security for an obligation. A nonconsensual lien does not create a Security
Interest.
3.31 Soil Management Contract. The Soil Management Contract shall mean that
certain contract to be maintained by the District, as cooperator, with the Platte Valley Soil
Conservation District,to provide greenbelt management policies to prevent erosion and protect
the existing environment of the Common Elements and the District Facilities, if applicable.
3.32 Subdivision Plat. The initial Subdivision Plat is that certain document entitled
Corrected First Filing Plat of Beebe Draw Farms and Equestrian Center, recorded in the
Records on December 13, 1989, at Reception No. 02200074, in Book 1251 at File 543, which
initial Subdivision Plat covered only the first phase of development of the Community. From
time to time hereafter there may be one or more additional subdivision plats recorded for
subsequent phases of development of the Community.At such time as each additional subdivi-
sion plat is approved by Weld County and recorded in the Records, all references herein to
"Subdivision Plat"shall also mean and include such subsequently recorded subdivision plat(s).
ARTICLE 4
TERM, TERMINATION AND ADDITION OF OTHER LANDS
4.1 Term. This Declaration, every provision hereof, and every covenant and restric-
tion contained herein, shall continue in full force and effect for a period of 20 years from the
date hereof, unless otherwise specifically provided. The same shall automatically be continued
J thereafter for successive periods of 20 years each unless the Owners and holders of Security
Interests of at least two-thirds of the Lots then comprising the Property agree to release all or
part of the lands so restricted from any one or more of said restrictions, by executing and
acknowledging an appropriate instrument in writing for such purposes and recording same in
the Records at least one year prior to the expiration of the first 20-year period, or one year prior
to the expiration of any successive 20-year period thereafter.
4.2 Termination.This Declaration, or any provision hereof, or any covenant or restric-
tion contained herein, may be terminated as to the whole of the Property or any portion thereof,
with the written consent of the Owners and holders of Security Interests of at least two-thirds
of the Lots then comprising the Property; except that, in order to release one or more Lots from
the terms of this Declaration, it shall also take the affirmative vote of all Owners and holders
of Security Interests of the Lot or Lots to be released. No such termination shall be effective
until a proper instrument in writing has been executed, acknowledged and recorded in the
Records.
4.3 Addition of Other Lands. Declarant may at any time, or from time to time, during
the term of this Declaration, add other lands within the Community to the Property which is
covered by this Declaration. Upon recording in the Records of a Notice of Addition of Lands
containing the information set forth in Section 4.4 hereof, the provisions contained in this
Declaration shall apply to the additional lands which shall thereupon become part of the
Property covered by this Declaration; and thereafter the rights, privileges, duties and liability
of the Owners and occupants of the added lands shall be the same as in the case of the
1111111111111111111111111I1111111111111111111111111111 111111 i ii 111111 iii Iilill III 11111 iii Iiii 5
670226 01/29/1999 03:55P Weld County CO
A original Property; except that assessments imposed by this Declaration on such additional
lands shall commence from the date of recording of the Notice of Addition of Lands
4.4 Notice of Addition of Lands. The Notice of Addition of Lands referred to in
Section 4.3 above shall contain the following provisions:
(a) a reference to this Declaration, which reference shall state the date of
recording hereof and the reception number or book and page numbers of the Records where
this Declaration is recorded, and any amendments thereto;
(b) a statement that the provisions of this Declaration shall apply to the addi-
tional lands in the manner set forth in Section 4.3 above;
(c) an exact legal description of the additional lands; and
(d) the consent of the owner or owners of the additional lands to subject
themselves and their included real estate to this Declaration.
ARTICLE 5
DISTRICT AND DISTRICT FACILITIES
5.1 Purpose of District. The District, including other special districts organized to
provide publicfacilities and services within the Community, will construct, operate and maintain
the District Facilities and furnish public services to the Community in accordance with the
District Service Plan as approved by and filed with the County.
5.2 District Facilities. The District Facilities shall mean and include, but not be limited
to, the following, all of which shall be owned, managed, or operated by the District for public
use in accordance with the provisions of the District Service Plan and State law:
(a) the equestrian center buildings, parking areas, arenas and jumping
courses;
(b) the land leased under the FRICO Lease and the water recreation facilities
to be constructed on such land;
(c) all roads and storm drainage facilities, to the extent the same shall not
have been dedicated to and accepted by Weld County;
(d) the public water distribution system, including a pump station and all
transmission lines, to the extent the same shall not have been dedicated to and accepted by
the Central Weld Water District;
(e) the entrance gate house;
(f) the District headquarters building,which may be used as the office of the
Association;
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(g) all recreational structures, including but not limited to the clubhouse,
swimming pool and tennis courts;
(h) all components of any public transportation system developed by the
District:
(i) all television relay and translation equipment installed or constructed or
contracted for by the District; and
0) the outlots and open spaces shown on the Subdivision Plat or the PUD
Plan, together with the riparian corridor, buffer zones, environmental setback zones, conser-
vation easements and related interest in property or facilities identified in the Environmental
Assessment.
5.3 Use of District Facilities.
(a) The District Facilities shall be available for public use, subject to the right
of the District to regulate use of the District Facilities (including but not limited to permitting
persons other than Owners of Lots to use the District Facilities, as set forth below) and charge
reasonable admission and other rates,fees, and charges for such usage, as determined by the
District.
(b) If an Owner is delinquent in the payment of such Owner's Common
Expense Assessments or real property taxes or assessments (to the extent some or all of such
real property taxes or assessments include an amount in favor of the District), the District shall
have the right, upon notification by the Association in the case of Common Expense Assess-
ments, to suspend such Owner's right to use the District Facilities for so long as such Common
Expense Assessments or taxes or assessments remain unpaid; provided that no provision of
this Declaration shall affect, limit or otherwise restrict any power or authority provided to the
District under State law; and, provided further, that notwithstanding any other provision herein
to the contrary, the District shall not restrict an Owner's right to use roads included in the
definition of the District Facilities to the extent such roads provide the Owner with access to and
from such Owner's Lot.
(c) The District shall have the right to grant permits for the use of District
Facilities.
(d) There shall be no use of the Lake shoreline, except at access points
designated by the District or at District beach and recreation areas.
ARTICLE 6 •
MAINTENANCE OF THE PROPERTY
6.1 Individual Lots. It shall be the duty and obligation of each Lot Owner, at such Lot
Owner's expense, to beautify and keep neat, attractive, sightly and in good order and repair
J such Owner's Residence and the exterior portions of the Lot. If the Owner does not discharge
this obligation then the Association may arrange to have the work done and assess the Owner
7
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for the cost of such work plus twenty-five percent(25%) of such cost for inspection. administra-
tive costs and overhead of the Association and other incidental expenses.. provided the Associ-
ation gives such Lot Owner notice of the Association's intent to have the work done and a
reasonable opportunity for the Lot Owner to cure the violation prior to the Association having
the work done.
6.2 Duties of Association. The Association shall maintain, repair, replace, beautify
and keep all of the Common Elements neat, attractive, sightly, and in good order, to the extent
that such functions are not expected to be performed by the District or Weld County or any
other political subdivision thereof or of the State of Colorado. The Association may, from time
to time, hire and/or contract with third parties to achieve the objectives of this Section 6.2.
6.3 Repairs Resulting From Negligence. Each Lot Owner will reimburse the Asso-
ciation for any damages to the Common Elements caused by such Owner's or such Owner's
agents or invitees, intentionally or negligently, or by such Owner's failure properly to maintain,
repair or make replacements to the Owner's Lot. The Association will be responsible for
damage to Lots which is caused by the Association intentionally or negligently, or by the
Association's failure to maintain, repair or make replacements to the Common Elements.
6.4 Weld County Powers Not Superseded. Nothing contained herein shall replace
or supersede the powers granted pursuant to Section 28.6.6 of the Weld County Zoning
Ordinance, or its successorregulations. or§24-67-105(6), C.R.S., as amended,whereby, if the
Common Areas are not maintained by the Association in reasonable order and condition in
accordance with the PUD Plan, the Weld County Board of County Commissioners may enter
upon the affected property and maintain the same following service of written notice and a
hearing. The cost of such maintenance by the Board of County Commissioners shall be
charged to and paid by the Owners individually or in the form of a Common Expense Assess-
ment, and any unpaid assessments shall become a tax lien upon the Lots.
ARTICLE 7
ALLOCATED INTERESTS
The interest allocated to each Lot has been calculated by the following formula:
7.1 Liability for the Common Expenses. The percentage of liability for Common
Expenses allocated to each Lot is based on one share for each Lot compared with the total
shares allocated to all the Lots in the Property, subject to the Declarant's rights to add
additional lands hereto, thereby increasing the total number of Lots, and/or combine Lots,
thereby reducing the total number of Lots. Provided, however, that if an Owner combines two
or more Lots as provided herein with the intent of creating one Lot therefrom, such resulting Lot
shall continue to be allocated the full percentage originally allocated to the Lots so combined.
If a L of i3 subdivided by the Owner and added to other Lots as provided herein, the interest of
such subdivided Lot shall be added proportionally to the Lots receiving all or a portion of such
subdivided Lot. Nothing contained in this Section shall prohibit certain Common Expenses
e" from being apportioned to particular Lots under Article 6 of this Declaration.
11111 11111 nn !jj!1 L Li EEll '1hj'I III IIIII III
II
7.2 Votes. Each Lot in the Property shall have the number of votes allocated to such
Lot in the Bylaws. Any specific percentage, portion orfraction of Lot Owners, unless otherwise
stated herein, means the specified percentage, portion or fraction of all of the votes as
allocated in the Bylaws. Nothing contained herein shall be interpreted to establish any voting
rights or procedures with regard to District matters.
ARTICLE 8
ARCHITECTURAL CONTROL COMMITTEE
8.1 Creation of Committee. There is hereby created a standing committee of the
Association to be known as the Architectural Control Committee or ACC, to be composed of
not more than five (5) individuals. Members of the ACC shall be appointed by the Board of
Directors, to hold office at the will of the Board of Directors.
8.2 Purpose of ACC. The purpose of the ACC is to maintain the superior beauty and
quality of the Improvements constructed on the Property, and the harmony thereof with the
surroundings, to assure that the natural environment is disturbed as little as possible, to enforce
the provisions of the Environmental Assessment, and to evaluate the use and suitability of the
proposed Improvements and the effect of the same on any adjacent or neighboring properties.
8.3 Approval of Improvements. Except for initial Improvements constructed by
Declarant and Improvements made at any time by the Association, all plans and specifications
in connection with (a) building, exterior remodeling, rebuilding, refurbishing or alteration of a
Residence, including without limitation the exterior appearance, color or texture; or(b) creation
or construction of any Improvements or alterations to the Property, including but not limited to
gardening, landscaping, planting, patio covers, awnings, sculpture or artwork, driveway, side-
walk, fence, outside deck, or clearing, grading, excavating, filling or similar disturbance of the
surface of the land, all of which shall require the prior written approval of the ACC.
8.4 Owner to Submit Plans. Before any construction work begins, the Owner of the
Lot shall be responsible for submitting to the ACC complete plans, specifications and color/
material/texture samples for the scheduled work, and obtaining all necessary approvals and
permits from Weld County and/or any other applicable governmental entities.
8.5 Construction of Improvements after Approval by ACC. Following approval of
proposed Improvements by the ACC, the Lot Owner shall cause the approved Improvements
to be made to the Lot in a timely fashion, and in any event within twelve (12) months.
8.6 Guidelines. Standards and Procedures. The ACC shall adopt guidelines, stan-
dards and procedures for its day-to-day operations and the performance of its duties under this
Declaration, which guidelines, standards and procedures shall be consistently applied for all
matters coming before the ACC.
8.7 Compensation of Members of ACC. If authorized by the Board of Directors, the
members of the ACC may receive reasonable compensation for services performed. together
with reimbursement for actual and reasonable expenses incurred by them in the performance
of their duties.
St inborn°.cov.wod 1/27/99 9
!111111111111111111111111111 Ilia 1111 III 11111 IIII IIII
8.8 Non-Liability of ACC Members. None of the ACC, any member thereof or the
Board of Directors shall be liable to any Owner or to any other person for any loss, damage or
injury arising out of or in any way connected with the performance of the ACC's duties under
this Declaration. No action taken by the ACC or its members will be deemed to have approved
or to have made any representation as to the safety or structural soundness of, or compliance
with local building codes or other governmental laws or regulations concerning, the proposed
Improvements.
ARTICLE 9
RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY
9.1 Improvements to Lots. The following restrictions on construction of Improve-
ments apply to the Property; provided, however, that to the extent a portion of the Property is
not a Lot; nothing contained herein shall be interpreted to permit an Improvement not otherwise
permitted by the Subdivision Plat, the PUD or Weld County:
(a) Zoning. Zoning laws, ordinances, resolutions, rules and regulations are
considered to be a part hereof, and no provision of this Declaration shall be interpreted to
violate any present or future zoning laws, ordinances, resolutions, rules or regulations.
(b) Minimum Floor Area. The minimum floor area requirements of this sub-
section for any Residence are exclusive of garages, porches and patios. As so described, any
Residence erected on a Lot shall have a minimum ground floor area for the main structure of
in the case of one-story structures, not less than 1400 square feet at grade; in the case of two-
story structures, not less than 800 square feet at grade on the ground floor and at least 800
square feet on the second floor unless the Residence has a full basement, in which case not
less than 600 square feet on the second floor; and, in the case of a split-level structure with two
or more levels above grade, not less than 1600 square feet among the above ground levels.
(c) Maximum Height for Residences. No Residence shall be more than two
and one-half (2%) stories in height above grade.
(d) Outbuildings:Stables; Paddocks. No outbuildings or accessory buildings
other than automobile garages, stables and paddocks are permitted unless connected by roof
to the Residence. For only the Lots that have been permitted herein to have horses, a stable
and/or paddock area may be constructed, provided such stable and/or paddock area covers
no more than 5% of the total area of the Lot, is located behind the Residence, and contains a
storage building not larger than 10' x 12' at grade and/or a stable building not larger than 300
square feet per permitted horse. Any riding ring or arena must be included in the calculation
of the approved paddock area.The exteriorfinish of permitted automobile garages, stables and
paddocks shall be the same materials and colors as the Residence.
(e) Location of Residence; Setbacks. The Residence shall be located on the
Lot in such a way as to minimize damage to existing terrain, foliage and natural growth, and
take advantage of the topography. Nothing contained in this subsection, however, shall
unreasonably limit any Owner's ability to construct a Residence upon a Lot. No Residence or
other building shall be located on any Lot within or be in violation of the setbacks established
9:1hsh1beebe cov.wpd 1121/99 10
I I{IIII IIIII 111111 IIIII_I I ll MIDI III Ilili I II IIII
on the Subdivision Plat or the PUD Plan, or within any riparian corridor, buffer zone, or
environmental setback zone identified in the Environmental Assessment.
(f) No Modular Homes. No modular or kit-built Residences shall be
permitted. However, this provision shall not prohibit modular or kit-built stables or barns.
(g) Garage. A garage shall be required and shall be of a size at least large
enough to enclose two (2) passenger automobiles. Any detached garage must be set back at
least five (5) feet from the front building line of the Residence. No unenclosed carport; either
attached or detached, will be permitted.
(h) Fences: Walls. No perimeter fencing will be permitted on any Lot. No
other fencing will be permitted except as follows:
(i) An Owner may construct decorative or privacy fencing or
walls in one or more areas adjacent to the Residence, the total area enclosed
by which shall not exceed five percent (5%) of the total acreage of the Lot; and
(ii) An Owner shall construct a fence, if such Owner elects to
construct a swimming pool, and the area within the required fence for a
swimming pool shall not be in addition to the 5%area limitation stated in subsec-
tion✓� (i) above, unless permitted in advance in writing by the ACC; and
(iii) An Owner may construct a fence to enclose a corral or
paddock, the total area of.which shall not exceed five percent (5%) of the total
acreage of the Lot. If one or more horses are permitted to be and are kept on the
Lot, any such area shall be fenced and shall be included in the 5% area restric-
tion for a corral or paddock.
All fence dimensions and fencing materials shall comply with standards to be established by
the ACC.
(i) Oil and Gas Wells and Production Facilities. No Residence shall be
constructed within 300 feet of an existing legal oil or gas well or production facility. Nothing
contained herein shall be deemed to limit or impede the right of the owner of an existing oil or
gas well or production facility to obtain access to, drill for, produce, or extract oil or gas from
such well or production facility.
(j) Outstanding Mineral Interests. Nothing contained herein shall be deemed
to limit or impede the right of the owner of a mineral interest to obtain access to, drill for,
produce, or otherwise extract any minerals from the Property.
(k) Driveways; Drainage Plan. There shall be no interference with the
drainage plan set forth in the PUD Plan. In particular but not by way of limitation, culvert pipes
to cross road ditches or swales to gain access to Lots shall be set so as not to interfere with
the drainage plan.
� Hill 1111111111111111111111III) 111111III111111Till t
2670226 01/29/1999 03:55P Weld County CO
(I) Swimming Pools. All swimming pools constructed on Lots shall be at or
below grade and shall be fenced and covered and/or screened in compliance with the Rules,
and shall comply with all applicable govemmental rules and regulations.
(m) Stoves and Heating Systems. No coal or fuel oil heating systems or
stoves, or any other type of heater or furnace which emits pollutants in excess of EPA
standards for residential areas. shall be permitted. Any rooftop solar heating system must be
approved by the ACC and, to the greatest extent reasonably possible, all solar panels must be
positioned so as not to be visible from adjoining Lots or Common Areas.
(n) Landscaping. All the provisions hereof shall be subject to ACC approval
and standards that may be adopted from time to time by the ACC:
(i) The area immediately surrounding a Residence shall be
landscaped and maintained. Dead trees must be removed immediately and
replaced during the next planting season.
(ii) Within six (6) months after completion of a Residence, a
Lot Owner shall plant at least fifteen (15)trees on the Lot, ten (10) of which trees
shall be evergreen trees and five (5) of which shall be deciduous trees. Of the
10 evergreen trees, at least five (5) shall be a minimum of five feet (5') in height,
and of the 5 deciduous trees, at least two (2) shall be a minimum of ten feet(10')
in height.
(iii) If the Owner has elected to construct a privacy fence as
permitted in subsection 9.1(h) above, the Owner may maintain a garden within
the area enclosed by such privacy fence.
(iv) Other residential landscaping requiring irrigation must be
adjacent to the Residence and shall comprise an area not greater than five
percent (5%) of the total acreage of the Lot.
(v) No rock, plant material, top soil or similar items shall be
removed from any other Lot, from the District Facilities, or from the Common
Area by an Owner for the purpose of moving the same to or placing the same
upon such Owner's Lot.
9.2 Use Restrictions. The following use restrictions apply to all of the Property;
provided, however, that to the extent a portion of the Property is not a Lot, nothing contained
herein shall be interpreted to permit a use not otherwise permitted by the Subdivision Plat, the
PUD or Weld County:
(a) Single-Family Residence. Each Lot is restricted to use as one single-
family Residence and accessory uses as permitted herein. A single-family Residence is
defined as a single housekeeping unit, operating on a nonprofit, noncommercial basis with a
common kitchen and dining area. No room or rooms in any Residence or parts thereof may
be rented or leased and no paying guests shall be quartered in any Residence. Nothing
12
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II"II III"nIl'III I'I 'II"I III BB III III
egaiN
contained in this Section, however, shall be construed as preventing the renting or leasing of
a Lot in its entirety to a single family, in which event a copy of the written lease shall be
delivered to the Association.
(b) No Other Uses or Commercial Pursuits. Except for those activities
conducted as a part of the marketing and development program of the Declarant, no subordi-
nate or ancillary use by special review other than those permitted by the PUD Plan, and no
industry, business, trade, or commercial activities shall be conducted, maintained or permitted
in any part of a Lot, nor shall any Lot be used or rented for transient, hotel or motel purposes.
(c) Compliance with Laws. No immoral, improper, offensive or unlawful use
may be made of the Property; and Lot Owners shall comply with and conform to all applicable
laws, ordinances, rules and regulations of the United States, the State of Colorado, the County
of Weld, and the District. The violating Lot Owner shall hold harmless the Association and other
Lot Owners from all fines, penalties, costs and prosecutions for any violation or noncompliance.
(d) Water Systems and Sewage Disposal. Water for domestic and irrigation
use shall be furnished by the District and/or Central Weld Water District in accordance with
their rates, rules and regulations. There shall be no individual water wells installed on any Lot,
without the written consent of the District and State Engineer. Individual sewage disposal
systems which comply with the requirements of the State of Colorado and the Weld County
Health Department shall be installed and maintained for each Lot on which a Residence is
constructed.
(e) Offensive Activities. No noxious, offensive, dangerous or unsafe activity
shall be carried on upon any portion of the Property, nor shall anything be done or placed
thereon, either wilfully or negligently, which is or may become a nuisance or cause an
unreasonable embarrassment, disturbance or annoyance to other Lot Owners or occupants.
(f) Annoying Sounds or Odors. No sound or odor, including those caused
by household pets or horses, shall be emitted from any portion of the Property which is noxious
or offensive to or would interfere with the rights, comforts or convenience of other Lot Owners
or occupants. Without limiting the generality of the foregoing, no exterior speakers, horns,
whistles, bells or other sound devices, other than security devices used exclusively for security
purposes, shall be located or used on any Lot except with the priorwritten approval of the ACC.
(g) No Hazardous Activities; Firearms. There shall be no activity or Improve-
ment on any portion of the Property which is or might be unsafe or hazardous to any person
or property. Without limiting the generality of the foregoing, no hunting shall be permitted, no
firearms shall be discharged upon the Property, and no open fires shall be lighted or permitted,
except in a contained barbecue while attended and in use for cooking purposes or within an
interior or exterior fireplace designed to prevent the dispersal of burning embers.
(h) No Unsightliness. All unsightly structures, facilities, equipment, objects
and conditions shall be enclosed within a structure, including snow removal equipment and
garden or maintenance equipment except when in actual use.
S:1hsh\beebe:ov.wpe 1127/99
1111111 "II' 11"11 '11" II'III 'I'I 'II"I III EMI Ilil
Storage of Vehicles. Otherthan short-term guests or agents of an Owner,
whose vehicles may be parked for no more than 72 hours, no vehicles shall be regularly kept
on the Lot in any area other than in the garage. Garages are restricted to occupancy by the
Owner of the Lot for storage and for parking spaces for vehicles. Garage doors shall remain
closed when not in use for ingress or egress of vehicles. No maintenance equipment, boat,
camper (on or off supporting vehicles), trailer, tractor, truck, towed trailer unit, motorcycle,
disabled.junked or abandoned vehicle, motor home, mobile home, recreational vehicle or any
other vehicle,the primary purpose of which is for recreational, sporting or commercial use, shall
be parked or stored in, on or about any Lot or street within the Property, except within the
garage or screened from view to the extent permitted by the ACC. Declarant, the Association
and the ACC shall have the right to enter unenclosed portions of the Lot to remove and store,
at the Owner's expense, vehicles in violation of this Section.
(j) Restrictions on Motorized Vehicles. No motorized vehicles other than
maintenance vehicles owned by the Association, the District. or oil or gas companies shall be
permitted on the Property or on the District Facilities, other than on the private road system or
private driveways. This restriction shall specifically include but not be limited to automobiles,
motorbikes, dirt bikes, snowmobiles and other recreational off-road vehicles.
(k) Vehicle Repairs. No maintenance, service, repair, dismantling or
repainting of any type of vehicle, boat, machine or device may be carried on, except within a
completely-enclosed structure which screens the sight and sound of the activity from the street
and from other Lots.
(I) Horses. Horses (not raised for resale or a commercial purpose) shall be
permitted only on the lots designated on the Subdivision Plat. Each owner of a horse shall be
financially responsible and liable for any damage caused by said horse. Any horse causing or
creating a nuisance or unreasonable disturbance or noise shall be permanently removed from
the Property. Each Owner shall and does hereby hold the Association and the District harmless
from any claim resulting from any action of such Owner's horse(s) or the horse(s) of such
Owner's guests. Each Owner electing to have one or more horses shall dispose of manure
before it becomes a fly or odor problem and shall control dust in the paddock area.
(m) Household Pets. Household pets may not be kept for any commercial
purposes, and no wildlife species, especially young or injured animals, may be kept as pets.
Dogs, cats and other household pets shall be controlled by their owner at all times, and shall
not be allowed off the owner's Lot except when properly leashed or controlled and accompanied
by the animal's owner or such owner's representative. Except for horses, no other farm
livestock not customarily considered household indoor pets shall be permitted. By way of
• example but not by way of limitation, cattle, sheep, pigs, llamas, goats, ducks, geese and
chickens are not considered household indoor pets. The number or type of household pets
permitted may also be limited by Weld County regulations. Each owner of a permitted pet shall
be financially responsible and liable for any damage caused by said pet. Any pet causing or
creating a nuisance or unreasonable disturbance or noise shall be permanently removed from
the Property. Each Owner shall and does hereby hold the Association and the District harmless
j from any claim resulting from any action of such Owner's pet(s) or the pet(s) of such Owner's
guests.
S:NehtheeCe coy wpd lams 14
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1 (n) Access to Common Elements and District Facilities. No Owner shall
place any structure whatsoever upon or permit any structure to intrude upon or overhang the
Common Elements or the District Facilities, and no Owner shall engage in any activity which
would temporarily or permanently deny free access to any part of the Common Elements or the
District Facilities by all Owners. No use shall ever be made of the Common Elements or the
District Facilities which would deny ingress or egress by any Owner to such Owner's Lot. The
foregoing notwithstanding, nothing contained herein shall be interpreted to afford access to the
District Facilities not otherwise provided or approved of by the District.
(o) Prohibition Against Discrimination. Anything to the contrary herein not-
withstanding, these covenants shall be construed as omitting restrictions,if any, based on race.
color, national origin, creed, sex, marital status, ancestry, familial status or disability.
(p) Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber,
grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse or
debris of any kind shall be kept, stored or allowed to accumulate on any of the Property except
within an enclosed structure or area appropriately screened from view, except that any
container containing such materials may be placed outside at such times as may be necessary
to permit garbage or trash pick-up.
(q) No Temporary Structures or Building Materials. Except for construction
trailers and/or materials, which may be stored for up to six (6) months during actual construc-
tion on a Lot or the Common Areas or the District Facilities, no shed, shack, temporary
structure or temporary building or building materials shall be placed, stored or maintained upon
the Property.
(r) Compliance with Insurance Requirements. Nothing shall be done or kept
on the Property which could result in a material increase in the rates of insurance or would
result in the cancellation of insurance maintained by the Association, without the prior approval
of the Association.
(s) Further Subdivision of Lots. The Owner of a Lot shall not further subdi-
vide that Lot. Provided, however, that nothing in this subsection shall prohibit Declarant or an
Owner from subdividing a Lot for the sole purpose of annexing all subdivided portions of such
Lot to other adjacent Lots.
(t) Restoration in the Event of Damage or Destruction. In the event of
damage or destruction of any Improvement on a Lot, the 'Owner thereof shall cause the
damaged or destroyed Improvement to be restored or replaced to its original condition or such
other condition as may be approved in writing by the ACC, or the Owner shall cause the
damaged or destroyed Improvement to be demolished and the Lot to be suitably landscaped,
subject to the approval of the ACC, so as to present a pleasing and attractive appearance.
(u) Restrictions on Signs and Advertising. No sign, poster, billboard, adver-
tising device or display of any kind shall be erected or maintained anywhere within the Property
so as to be evident to public view, except for a name plate or sign not exceeding eighteen (18)
square inches in area on the main door of each Residence or at the entrance to the Resi-
5:\hshWeebe coy wptl 127/98 I^iiilll IIIII HIV HMI H'I III "III' III I"I
9g7A77F 0i/29/1959 03:55P Weld County CO
dence's private drive from the adjoining road, and except signs as may be approved in writing
by the Association or the ACC. A sign advertising a Lot for sale or for lease may be placed on
such Lot: provided, however, that standards relating to dimensions, color, style and location of
such signs shall be determined from time to time by the ACC.
9.3 Restrictions on Alienation. The following restrictions on alienation apply to all of
the Property:
(a) No Time-Sharinq Plan. No portion of the Property may be conveyed
pursuant to a time-sharing plan.
(b) Leases. No portion of the Property may be leased or rented for a term
of less than 60 days. All leases and rental agreements for Lots shall be in writing and subject
to the requirements of this Declaration and the Association. All leases of a Lot shall include a
provision that the tenant will recognize and attorn to the Association as landlord, solely for the
purpose of having the power to enforce a violation of the provisions of this Declaration against
the tenant, provided the Association gives the Owner of such leased Lot notice of the Associa-
tion's intent to so enforce and a reasonable opportunity to cure the violation directly, prior to the
commencement of an enforcement action.
(c) Summary Process. The Association will have the right and power to exer-
cise the landlord's rights of summary process against any tenant of a Lot Owner who violates
el the Rules.
ARTICLE 10
AMENDMENTS TO DECLARATION
10.1 In General. This Declaration may be amended only by vote or agreement of
Owners of and holders of Security Interests in Lots to which at least 75 percent of the votes in
the Association are then allocated.
10.2 Consent of District. No amendment to the Declaration shall modify or affect the
District Facilities or any right or interest of the District without the written consent of the District.
10.3 Limitation of Challenges. An action to challenge the validity of an amendment
to the Declaration may not be brought more than one year after the amendment is recorded
in the Records.
10.4 Recordation of Amendments. Each amendment to the Declaration must be
recorded in the Records, and the amendment is effective only upon recording.
ARTICLE 11
ASSESSMENT AND COLLECTION OF COMMON EXPENSES
rq 11.1 Apportionment of Common Expenses. Except as provided in Section 11.2, all
1 Common Expenses shall be assessed against all Lots in accordance with their percentage of
liability for Common Expenses, subject to the Declarants right to add additional lands, thereby
S:NsNbeeoe eov.wob 1/27/93
����I� III s �ii�
AN increasing the total number of Lots. and/or combine Lots, thereby reducing the total number
of Lots, and in both cases reallocating the percentages of liability for Common Expenses. This
shall include but not be limited to Common Expenses for reasonable maintenance and replace-
ment of the Common Elements, notwithstanding the fact that such maintenance and replace-
ment could be viewed as benefitting one particular Lot over another. There shall be no
assessment against District Facilities or property without the written consent of the District.
11.2 Common Expenses Attributable to Fewer than all Lots.
(a) Any Common Expense for services approved by the Board of Directors
and provided by the Association to an individual Lot or some Lots but fewer than all the Lots
at the request of the particular Lot Owner or Owners shall be assessed against the requesting
Lot(s).
(b) An assessment to pay a judgment against the Association may be made
only against the Lots comprising the Property at the time the judgment was entered, in propor-
tion to their Common Expense liabilities.
(c) If a Common Expense is caused by the misconduct of a Lot Owner, the
Association may assess that expense exclusively against that Lot Owner's Lot.
(d) Fees, charges,taxes,impositions, late charges,fines:collection costs and
r) interest charged against a Lot Owner pursuant to this Declaration are enforceable as Common
Expense Assessments.
11.3 Lien.
(a) The Association is hereby granted and shall have a lien on a Lot for a
Common Expense Assessment levied against the Lot or fines imposed against its Lot Owner.
Fees, charges, late charges, attorney fees, fines and interest are enforceable as assessments
under this Section. The amount of the lien shall include all those items set forth in this Section
from the time such items become due. If a Common Expense Assessment is payable in install-
ments, each installment is a lien from the time it becomes due, including the due date set by
any valid Association acceleration of installment obligations.
(b) To evidence the Common Expense Assessment on any Lot not paid as
set forth herein, the Association may prepare a Notice setting forth the amount of such unpaid
assessment, plus interest due and accruing, the name of the Owner being assessed, and a
legal description of the Lot on which the assessment remains unpaid. The Notice shall be
signed by an officer of the Association and may be recorded in the Records, not less than 10
days after having been mailed to the defaulting Owner at the current address thereof as shown
on the records of the Association.
(c) A lien for an unpaid Common Expense Assessment is extinguished
unless proceedings to enforce the lien are instituted within three years after the full amount of
) the Common Expense Assessment becomes due, except that if an Owner of a Lot subject to
a lien under this Section files a petition for relief under the United States Bankruptcy Code, the
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11111111111111111111111111111111111111 III MID IIII
2670226 09/29/7999 03,54P W.la r.,,,.o,, rn
1 time period for instituting proceedings to enforce the Association's lien shall be tolled until thirty
days after the automatic stay of proceedings under Section 362 of the Bankruptcy Code is
lifted.
(d) This Section does not prohibit an action to recover sums for which
Subsection (a) of this Section creates a lien or prohibit the Association from taking a deed in
lieu of foreclosure.
(e) A judgment or decree in any action brought under this Section shall
include costs and reasonable attorney fees for the prevailing party, which shall be additional
Common Expense Assessments.
(f) A judgment or decree in an action brought under this Section is enforce-
able by execution under Colorado law.
(g) The Association's lien must be foreclosed by the same judicial procedure
by which a mortgage on real estate is foreclosed under Colorado law. In any such foreclosure,
the delinquent Owner shall be required to pay all costs and reasonable attorney fees in connec-
tion with the preparation and filing of the Notice, as provided herein, and all costs and reason-
able attorney fees incurred in connection with the foreclosure. The Association shall have the
power to bid on the Lot being foreclosed. Any holder of a Security Interest on a Lot which is
the subject of the Association's lien being foreclosed may. but shall not be required to, pay any
unpaid assessment and upon such payment, such holder of the Security Interest shall have a
lien upon the Lot, including improvements, for the amount paid, of the same rank as the lien
of the Association.
(h) In any action by the Association to collect Common Expense Assess-
ments or to foreclose a lien for unpaid Common Expense Assessments, the court may appoint
a receiver for the Lot who shall collect all sums due from that Lot Owner or a tenant of the Lot
Owner prior to or during the pendency of the action.
(i) If a holder of a first lien Security Interest in a Lot forecloses that Security
Interest, the purchaser at the foreclosure sale is not liable for any unpaid Common Expense
Assessments against that Lot which became due before the sale, other than the assessments
which are prior to that Security Interest under Subsection (b) of this Section of the Declaration.
Any unpaid Common Expense Assessments not satisfied from the proceeds of sale become
Common Expenses collectible from all the Lot Owners, including the purchaser.
(j) Any payments received by the Association in the discharge of a Lot
Owner's obligation may be applied to the oldest balance due.
(k) By acquiring title to a Lot: an Owner waives all federal and state home-
stead or other exemptions with respect to the hen for Common Expense Assessments.
11.4 Certificate of Payment of Common Expense Assessments. The Association,
J upon written request, shall furnish a Lot Owner with a written statement setting out the amount
of unpaid Common Expense Assessments against the Lot. The statement must be furnished
S1heh\beebe cwpd 11
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1111111111111 1111111111 "HI Ell 11111111
I1i1111
, III IIII
within fourteen(14)calendar days after receipt of the request and is binding on the Association,
the Board of Directors and each Lot Owner. A reasonable fee, established by the Board of
Directors, may be charged for such statement.
11.5 Acceleration of Common Expense Assessments. In the event of default in which
any Lot Owner does not make the payment of any Common Expense Assessment levied
against his Lot within 10 days of the date due. the Board of Directors shall have the right to
declare all unpaid Common Expense Assessments for the pertinentfiscal year immediately due
and payable.
11.6 Commencement of Common Expense Assessments. Common Expense
Assessments shall begin on the first day of the month in which conveyance of the first Lot to
a Lot Owner other than the Declarant occurs.
11.7 No Waiver of Liability for Common Expenses. No Lot Owner may become
exempt from liability for payment of the Common Expense Assessments by waiver of the use
or enjoyment of the Common Elements or by abandonment of the Lot against which the
Common Expense Assessments are made.
•
11.8 Personal Liability of Lot Owners. The Lot Owner of a Lot, at the time a Common
Expense Assessment or portion of the assessment is due and payable, is personally liable for
the Common Expense Assessment. Personal liability for the Common Expense Assessment
e') shall not pass to a successor in title to the Lot unless the successor agrees to assume the
es) obligation.
ARTICLE 12
PERSONS AND PROPERTY SUBJECT TO DECLARATION
12.1 Compliance with Declaration. All Lot Owners, tenants and occupants of Lots
shall comply with this Declaration. The acceptance of a deed or exercise of any incident of
ownership or entering into a lease or occupancy of a Lot constitutes agreement that the provi-
sions of this Declaration are accepted and ratified by that Lot Owner, tenant or occupant. All
provisions recorded in the Records are covenants running with the land, shall bind any Persons
having at any time any interest or estate in any portion of the Property, and shall be enforceable
by the Association or any Owner or the District, to the extent that any District Facility or interest
of the District is affected, directly or indirectly.
12.2 Adoption of Rules. The Board of Directors may adopt Rules regarding the use
of the Common Elements and the use and occupancy of Lots as they affect the Common
Elements and the other Owners and for the conduct of persons within the Community.
ARTICLE 13
BOARD OF DIRECTORS •
13.1 Association Records and Minutes of Executive Board Meetings. The Executive
JBoard shall permit any Lot Owner, or holder, insurer or guarantor of a first lien Security Interest
secured by a Lot, to inspect the records of the Association and the minutes of Board of
1111111 01111111111111 HUE 11111 III INIIII III III' 3
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A. _ n+ n .ee run n a nn .TO Suki Tcukameto
Al4
l Directors and committee meetings during normal business hours. The minutes shall be avail-
able for inspection within 15 days after any such meeting.
13.2 Powers and Duties. The Board of Directors may act in all instances on behalf
of the Association, except as provided in this Declaration or the Bylaws. The Board of Directors
shall have, subject to the limitations contained in this Declaration, the powers necessary for the
administration of the affairs of the Association and of the Community, which shall include, but
not be limited to, the following:
(a) adopt and amend Bylaws, Rules and regulations;
(b) adopt and amend budgets for revenues, expenditures and reserves;
(c) collect Common Expense Assessments from Lot Owners;
(d) hire and discharge managing agents;
(e) hire and discharge independentcontractors,employees and agents, other
than managing agents;
(f) institute, defend or intervene in litigation or administrative proceedings or
seek injunctive relief for violation of or otherwise enforce the Association's Declaration, Bylaws
or Rules in the Association's name, on behalf of the Association or two or more Lot Owners on
matters affecting the Community;
(g) make contracts and incur liabilities;
(h) regulate the use, maintenance, repair, replacement and modification of
the Common Elements, including but not limited to the express power to approve conveyance
of some or all of the Common Elements to the District for public use, with the District's written
consent, and direct the appropriate officer of the Association to execute the necessary convey-
ance deed to accomplish the same;
(i) cause additional Improvements to be made as a part of the Common
Elements;
(j) impose and receive a payment,fee or charge forthe use, rental or opera-
tion of the Common Elements, and for services provided to Lot Owners;
(k) impose a reasonable charge for late payment of assessments and levy
reasonable fines for violations of this Declaration, the Bylaws, Rules and regulations of the
Association;
(I) impose a reasonable charge for the preparation and recordation of
amendments to this Declaration and for a statement of unpaid assessments;
J
S:lhshlbeeoe cov.wpd /27199 20
1111111''III' 1118! LIII II'III 'III 'II"I III 1111111 II I"I
(m) provide, at the option of the Board of Directors, for the indemnification of
the Association's officers and the Board of Directors, and/or maintain Directors' and officers'
liability insurance, and/or maintain any other comprehensive, general or liability insurance
deemed appropriate;
(n) assign the Association's right to future income, including the right to
receive Common Expense Assessments;
(o) exercise any other powers conferred by this Declaration or the Bylaws;
(p) exercise any other power that may be exercised in this state by legal
entities of the same type as the Association;
(q) exercise any other power necessary and proper for the governance and
operation of the Association; and
(r) by resolution, establish permanent and standing committees of Directors
to perform any of the above functions under specifically delegated administrative standards,
as designated in the resolution establishing the committee. All committees must maintain and
publish notice of their actions to Lot Owners and the Board of Directors. However, actions
taken by a committee may be appealed to the Board of Directors by any Lot Owner within 15
days of publication of the notice. If an appeal is made, the committee action must be ratified,
modified or rejected by the Board of Directors at its next regular meeting.
13.3 Limitations on Board of Directors. The Board of Directors may not act on behalf
of the Association to amend this Declaration, to terminate the Community or to elect Directors
to the Board of Directors or determine the qualifications, powers and duties or terms of office
of members of the Board of Directors, but the Board of Directors may fill vacancies in its
membership for the unexpired portion of any term.
ARTICLE 14
OPEN MEETINGS
•
14.1 Access. All meetings of the Board of Directors, at which action is to be taken by
vote, will be open to the Lot Owners, except as hereafter provided.
14.2 Notice. Notice of every such meeting will be given not less than 24 hours prior
to the time set for such meeting, by posting such notice in a conspicuous location in the
Community, except that such notice will not be required if an emergency situation requires that
the meeting be held without delay.
14.3 Executive Sessions. Meetings of the Board of Directors may be held in executive
session, without giving notice and without the requirement that they be open to Lot Owners, in
either of the following situations only:
(a) if no action is taken at the executive session requiring the affirmative vote
of Directors; or
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1111
(b) if the action taken at the executive session involves personnel, pending
litigation, contract negotiations, enforcement actions, matters involving the invasion of privacy
of individual Lot Owners, matters which are to remain confidential by request of the affected
parties and agreement of the Board or actions taken by unanimous consent of the Board.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Captions. The captions contained in this Declaration are inserted only as a
matter of convenience and for reference; and in no way define, limit or describe the scope of
this Declaration or the intent of any provision thereof.
15.2 Gender. The use of the masculine gender refers to the feminine gender, and
vice versa, and the use of the singular includes the plural, and vice versa,whenever the context
of this Declaration so requires.
15.3 Waiver. No provision contained in this Declaration is abrogated or waived by
reason of any failure to enforce the same, irrespective of the number of violations or breaches
which may occur.
15.4 Validity. The invalidity of any provision of this Declaration does not impair or
affect in any manner the validity, enforceability or effect of the remainder, and if a provision is
invalid, all of the other provisions of this Declaration shall continue in full force and effect.
IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed this
27th day of January, 1999.
REI LIMITED LIABILITY COMPANY, a
Wyoming limited liability company, doing
business in Colorado as INVESTORS
LIMITED LIABILITY COMPANY
J /
By. i.,,, y,z/..-1
James W. Fell, Development Manager
BEEBE DRAW FARMS METROPOLITAN
DISTRICT, a Colorado special district, solely
for the purpose of affirming the District's
rights under Article 5 above
By: ,..;,,r- r;f
James W. Fell, President
3:1hshlbeebe cov.wpd 1/27/99 77 _
1111111111111111111111111111111111111111111111111 111111
Al STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this= 'tday of January, 1999,
by James W.- Fell as Development Manager of REI Limited Liability Company, a Wyoming
pmited-liabilityvompany, doing business in Colorado as Investors Limited Liability Company.
1Nitrless my hand and official seal.
IsMycomn'ission expires:
.,_ cc;
-/-2,./,/ 4
Notary Public
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this r`'day of January, 1999,
by James W. Fell as president of Beebe Draw Farms Metropolitan District, a special district.
Witness my hand and official seal.
My commission expires: i'
Notary Public — - - -
11111111111111111 III 111 1111 111111 III 1111111111111
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TABLE OF CONTENTS
Page
ARTICLE 1 — RESTATEMENT OF PRIOR COVENANTS 1
ARTICLE 2 -EXEMPTION FROM COLORADO COMMON INTEREST OWNERSHIP
ACT 1
ARTICLE 3 - DEFINITIONS 2
3.1 ACC or Architectural Control Committee 2
3.2 Association 2
3.3 Board of Directors 2
3.4 Bylaws 2
3.5 Common Elements 2
3.6 Common Expenses 2
3.7 Community
3.8 Declarant 3
3.9 Declaration 3
3.10 Director 3
3.11 District 3
3
3.12 District Facilities 3
Jl 3.13 Environmental Assessment 3
3.14 FRICO 3
3.15 FRICO Lease 3
3.16 Improvements 3
3.17 Lake 3
3.18 Lot 3
3.19 Lot Owner or Owner 3
3.20 Majority or Majority of Lot Owners 4
3.21 Manager 4
3.22 Notice 4
3.23 Person 4
3.24 Prior Declarations 4
3.25 Property 4
3.26 PUD Plan 4
3.27 Records
4
3.28 Residence
4
3.29 Rules
4
3.30 Security Interest
4
3.31 Soil Management Contract 5
3.32 Subdivision Plat 5
ARTICLE 4 —TERM, TERMINATION AND ADDITION OF OTHER LANDS 5
4.1 Term . . . . . . . . . . 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.2 Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
. . . . . . . . . . . . . .
4.3 Addition of Other Lands 5
11111111111 111111 11111111111 llll 111111 III 1111111 II I'll
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4.4 Notice of Addition of Lands 6
ARTICLE 5 — DISTRICT AND DISTRICT FACILITIES 6
5.1 Purpose of District 6
5.2 District Facilities 6
5.3 Use of District Facilities 7
ARTICLE 6 — MAINTENANCE OF THE PROPERTY 7
6.1 Individual Lots
7
6.2 Duties of Association 8
6.3 Repairs Resulting From Negligence 8
6.4 Weld County Powers Not Superseded 8
ARTICLE 7 —ALLOCATED INTERESTS 8
7.1 Liability for the Common Expenses 8
7.2 Votes 9
ARTICLE 8 —ARCHITECTURAL CONTROL COMMITTEE g
8.1 Creation of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8.2 Purpose of ACC g
8.3 Approval of Improvements 9
8.4 Owner to Submit Plans 9
8.5 Construction of Improvements after Approval by ACC 9
8.6 Guidelines, Standards and Procedures g
8.7 Compensation of Members of ACC g
8.8 Non-Liability of ACC Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE 9 - RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY 10
9.1 Improvements to Lots 10
(a) Zoning 10
(b) Minimum Floor Area 10
(c) Maximum Height for Residences 10
(d) Outbuildings; Stables; Paddocks 10
(e) Location of Residence; Setbacks 10
(f) No Modular Homes 11
(g) Garage 11
(h) Fences; Walls 11
(i) Oil and Gas Wells and Production Facilities 11
(j) Outstanding Mineral Interests 11
(k) Driveways; Drainage Plan 11
(I) Swimming Pools 12
(m) Stoves and Heating Systems 12
(n) Landscaping 12
9.2 Use Restrictions . . . . . . 12
(a) Single-Family Residence . . . . . . . . . . . 12
(b) No Other Uses or Commercial Pursuits 13
(c) Compliance with Laws 13
1111111 IIIII 111111 IIIII 111111 LE 111111 III 1111111 II Iii
(d) Water Systems and Sewage Disposal 13
(e) Offensive Activities 13
(f) Annoying Sounds or Odors 13
(g) No Hazardous Activities; Firearms 13
(h) No Unsightliness 13
(i) Storage of Vehicles 14
a) Restrictions on Motorized Vehicles 14
(k) Vehicle Repairs 14
(I) Horses 14
(m) Household Pets 14
(n) Access to Common Elements and District Facilities 15
(o) Prohibition Against Discrimination 15
(p) Restrictions on Garbage and Trash 15
(q) No Temporary Structures or Building Materials 15
(r) Compliance with Insurance Requirements 15
(s) Further Subdivision of Lots 15
(t) Restoration in the Event of Damage or Destruction 15
(u) Restrictions on Signs and Advertising 15
9.3 Restrictions on Alienation 16
(a) No Time-Sharing Plan 16
(b) Leases 16
(c) Summary Process 16
7 ARTICLE 10 -AMENDMENTS TO DECLARATION 16
10.1 In General 16
10.2 Consent of District 16
10.3 Limitation of Challenges 16
10.4 Recordation of Amendments 16
ARTICLE 11 —ASSESSMENT AND COLLECTION OF COMMON EXPENSES 16
11.1 Apportionment of Common Expenses 16
11.2 Common Expenses Attributable to Fewer than all Lots 17
11.3 Lien 17
11.4 Certificate of Payment of Common Expense Assessments 18
11.5 Acceleration of Common Expense Assessments 19
11.6 Commencement of Common Expense Assessments 19
11.7 No Waiver of Liability for Common Expenses 19
11.8 Personal Liability of Lot Owners 19
ARTICLE 12 - PERSONS AND PROPERTY SUBJECT TO DECLARATION 19
12.1 Compliance with Declaration 19
12.2 Adoption of Rules 19
ARTICLE 13 - BOARD OF DIRECTORS 19
^� 13,1 Association Records and Minutes of Executive Board Meetings 19
/ 13.2 Powers and Duties 20
13.3 Limitations on Board of Directors 21
11111111111111111111111111111 111111 III 1111111 111111 '
2670226 01/29/1999 03:55P Weld County CO
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ARTICLE 14 - OPEN MEETINGS
14.1 Access 21
14.2 Notice 21
14.3 Executive Sessions 21
21
ARTICLE 15 — MISCELLANEOUS PROVISIONS
15.1 Captions 22
15.2 Gender 22
15.3 Waiver 22
15.4 Validity 22
22
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7.
Improvement Agreements
BEEBE DRAW FARMS
and
EQUESTRIAN CENTER
FILING No. 2
Assignment of Improvements
Agreement
2-2_
ASSIGNMENT OF FILE COPY
IMPROVEMENTS AGREEMENT t
THIS ASSIGNMENT OF IMPROVEMENTS AGREEMENT ("Assignment" ) is
made as of the day of May, 2000, between REI, LIMITED
LIABILITY COMPANY, a Wyoming corporation d/b/a Investors, Limited
Liability Company ("Company") , and BEEBE DRAW FARMS METROPOLITAN
DISTRICTS NO. 1 and NO. 2 , Colorado special districts
("Districts" ) .
RECITALS
The Company has entered into that certain Improvements
Agreement According Policy Regarding Collateral for Improvements
dated May , 2000 ("Improvements Agreement" ) with the County
of Weld, Colorado ("County" ) to install various external road
improvements ("Improvements" ) , as set forth in Exhibits A and B
of the Improvements Agreement, related to development within the
Beebe Draw Farms Subdivision, Filing No. 2 ("Development" ) .
In accordance with its Consolidated Service Plan, the
Districts will be responsible for installing the Improvements set
forth in Exhibit A of the Improvements Agreement .
In order to more effectively administer the installation of
the Improvements, it is necessary and in the best interests of
the Company and Districts to assign the provisions of the
Improvements Agreement relating to the Improvements to the
Districts. The Improvements Agreement is assignable .
AGREEMENT
In consideration of the mutual agreements, conditions, and
undertakings hereinafter set forth, the Company and Districts
agree as follows :
1. Assignment . The Company hereby assigns, and the
Districts hereby accept the assignment of all terms, conditions,
obligations, and provisions of the Improvements Agreement
relating to the Improvements . Subject to prior review and
approval, the County may waive the collateral and improvements
guarantee requirements under Sections 7 . 0 and 8 . 0 of the
Improvements Agreement • or authorize alternate collateral and
a.m.Dew?en Ma•.Weallat"
am.A.wdof lopo'�A2
improvements guarantees for the Improvements installed by the
District .
ell
2 . Improvements Agreement . Except as expressly provided
' herein, the Improvements Agreement shall continue to be in full
force and effect, without amendment, and shall be complied with
by the Districts in accordance with its terms .
IN WITNESS WHEREOF, the parties have caused this Assignment
to be executed on the date set forth below.
REI, Limited Liability Company
d/b/a Investors, Limited
Liability Company •
,� 1
By: U` 'er�.a1! /Ze
Title: /1/4%wrte- ,
Date : 471.4437 2000
STATE OF COLORADO }
COUNTY OF D t. 110-5,4-. } s s.
The foregoing Assignment i?of Improvements Agreement was
acknowledged before me this 31 day of IliDti. , 2000,
' by e)titiCc I\ K.Gu .q as 1%U1 Ali t- it C\ of REI,
Limited Liability Company.
Witness my hand and official seal .
• ota`ry Pubs b'.,._: -,:
„commission expires : .1 .2'x k -20&2
, . J
t:' oTA R t ft?: , tANSI.4 s 4%
�': AU`aLtC p
• °F.COtect�'�;
2
BEEBE DRAW FARMS METROPOLITAN BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO. 1 DISTRICT NO. 2
• 7(' . C)(LAC..
irman)/ 7CChairman
Date: /7, 2000 Date: (45/31 , 2000
STATE OF COLORADO
} ss.
.
COUNTY OF
}
The foregoing Assignment ,of Improvements Agreement was
acknowledged before me this 3 day of , 2000 ,
by James W. Fell as Chairman of the Board of Directors of Beebe
Draw Farms Metropolitan Districts No. 1 and No. 2 .
Pr 40mmWatness my hand and official seal .
•
' ...
nCIA B ''• � : .
\us \r~
rE•NpTA R y ° r No• ary Publi ._`� _: �_ a..
�U CitcVejLeitssion expires : '5 ) (c,C10-2
.
,c. tee"' ;: ... G:
ACCEPTANCE OF ASSIGNMENT
The County of Weld, Colorado, hereby accepts the Assignment
of Improvements Agreement on this day of
2000 .
By:
Title:
r
3
AIMPROVEMENTS AGREEMENT ACCORDING do3
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS os'
(EXTERNAL ROAD IMPROVEMENTS)
THIS AGREEMENT, made and entered into this day of May, 2000, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and REI, LLC, d/b/a Investors LLC, hereinafter
called"Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following
described property in the County of Weld, Colorado:
Beebe Draw Farms and Equestrian Center, Filing No. 2, according to the
Plat thereof; and
WHEREAS, a final Subdivision/Planned Unit Development(PUD) Plat of said property,
to be known as Beebe Draw Farms, Filing No. 2, Phases 1-7 has been submitted to the County
for approval; and
WHEREAS, relevant Weld County Ordinances provide that no Subdivision Final Plat,
') Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the
Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction
of the public improvements shown on plans, plats and supporting documents of the Subdivision
Final Plat, Planned Unit Development Final Plat, or Site Plan, including necessary improvements
to County Roads located externally of the Planned Unit Development, which improvements,
along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering
services in connection with the design and construction of the Subdivision or
Planned Unit Development improvements listed on Exhibit "A," which is
attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
Role Dm P.m.edamu,mmrn
Wdd Cana.Extern,Road L,— ®-i.C
1.3 Applicant shall furnish drawings and cost estimates for roads within the
Subdivision or Planned Unit Development to the County for approval
prior to the letting of any construction contract. Before acceptance of the
roads within the Subdivision or Planned Unit Development by the County,
Applicant shall furnish one set of reproducible "as-built" drawings and a
final statement of construction cost to the County.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own expense,
good and sufficient rights-of-way and easements on all lands and facilities
traversed by the proposed improvements. All such rights-of-way and easements
used for the construction of roads to be accepted by the County shall be conveyed
to the County and the documents of conveyance shall be furnished to the County
for recording.
3.0 Construction: Applicant shall furnish and install, with funding participation by the
County and other developers in proportion to relative traffic use, the Subdivision
or Planned Unit Development improvements listed on Exhibit "A," which is
attached hereto and incorporated herein by reference, according to the
construction schedule set out in Exhibit"B" also attached hereto and incorporated
herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County for
such public improvements. Whenever a Subdivision or Planned Unit
Development is proposed within three miles of an incorporated
community located in Weld County or located in any adjacent county, the
Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed
within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time
the Subdivision or Planned Unit Development is proposed, the
requirements and standards of the County shall be adhered to: If both the
incorporated community and the County have requirements and standards,
those requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or
construction that is required by the County; and shall furnish copies of test
results to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
2
at Applicant's expense. Any material or work not conforming to the
approved plans and specifications shall be removed and replaced to the
rip satisfaction of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for
the installation of sanitary sewer or septic systems, water, gas, electric and
telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be
completed, according to the terms of this Agreement, within the
construction schedule appearing in Exhibit "B." The Board of County.
Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant
subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County
from any and all liability loss and damage County may suffer as a result of all
suits, actions or claims of every nature and description caused by, arising from, or
on account of said design and construction of improvements, and pay any and all
judgments rendered against the County on account of any such suit, action or
claim, together with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while
acting within the scope of their employment. All contractors and other employees
engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate
in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or
owner may be reimbursed for off-site road improvements as provided in this
section when it has been determined by the Board of County Commissioners that
the road facilities providing access to the Subdivision or Planned Unit
Development are not adequate in structural capacity, width, or functional
classification to support the traffic requirements of the uses of the Subdivision or
Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site
improvements agreement prior to recording the final plat when the
subdivider, applicant, or owner expects to receive reimbursement for part
of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
rip
The legal description of the property to be served.
• The name of the owner(s) of the property to be served.
A description of the off-site improvements to be completed by the
subdivider, applicant, or owner.
• The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the
Subdivision, Resubdivision, or Planned Unit Development, as
specified by the ITE Trip Generation Manual, or by special study
approved by the Board of County Commissioners.
A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term
of the agreement.
Any off-site improvements agreement shall be made in
conformance with the Weld County policy on collateral for
improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the
improvements agreement, the opportunity to obtain reimbursement under
this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that
vehicular traffic from a Subdivision, Resubdivision, or Planned Unit
Development will use a road improvement constructed under an
improvements agreement, the subsequent subdivider, applicant, or owner
shall reimburse the original subdivider, applicant, or owner, for a portion
of the original construction cost. In no event shall the original subdivider,
applicant, or owner collect an amount which exceeds the total cost of
improvements less the pro rata share of the total trip impacts generated by
the original development. Evidence that the original subdivider, applicant,
or owner has been reimbursed by the subsequent subdivider, applicant or
owner shall be submitted to the Department of Planning Services prior to
recording the Subdivision, Resubdivision, or Planned Unit Development
Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent
subdivider, applicant, or owner of a Subdivision, Resubdivision, or
Planned Unit Development using the road improvements constructed
under a prior improvement agreement will be based upon a pro rata share
of the total trip impacts associated with the number and type of dwelling
units and square footage and type of nonresidential developments intended
to use the road improvement. The amount of road improvement costs shall
also consider inflation as measured by the changes in the Colorado
Construction Cost Index used by the Colorado Division of Highways. The
cost of road improvements may be paid by cash contribution to the prior
subdivider, applicant or owner, or by further road improvements which
4
benefit the prior subdivider, applicant, or owner's property. This decision
shall be at the sole discretion of the Board of County Commissioners
based upon the need for further off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the
institute of Transportation Engineers shall normally be used for
calculating a reasonable pro rata share of the road improvement
construction costs for all Subdivisions, Resubdivisions, or Planned Unit
Developments. A special transportation study shall be used for land uses
not listed in the 1.1't Trip Generation Manual. Any question about the
number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider, applicant, or owner is entitled to
reimbursement under the off-site improvements agreement, entered into
between the subdivider and the County, is ten years from the date of
execution of a contract for road improvements.
5.8 This provision is not intended to create any cause of action against Weld
County or its officers or employees by any subdivider, applicant, or owner
for reimbursement, and in no way is Weld County to be considered a
guarantor of the monies to be reimbursed by the subsequent subdividers,
applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the
following procedures by the Applicant, streets within a Subdivision or Planned
Unit Development may be accepted by the County as a part of the County road
system and will be maintained and repaired by the County.
6.1 If desired by the County, portions of street improvements may be placed
in service when completed according to the schedule shown on Exhibit
"B," but such use and operation shall not constitute an acceptance of said
portions.
6.2 County may, at its option, issue building permits for construction on lots
for which street improvements detailed herein have been started but not
completed as shown on Exhibit "B," and may continue to issue building
permits so long as the progress of work on the Subdivision or Planned
Unit Development improvements in that phase of the development are
satisfactory to the County; and all terms of this Agreement have been
faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or
Planned Unit Development and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that the County
Engineer inspect the streets and recommend that the Board of County
5
Commissioners accept them for partial maintenance by the County. Partial
maintenance consists of all maintenance except for actual repair of streets,
curbs and gutters, and related street improvements. Not sooner than nine
months after acceptance for partial maintenance of streets, the County
Engineer shall, upon request by the applicant, inspect the subject streets,
and notify the applicant(s) of any deficiencies. The County Engineer shall
reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the
streets are constructed according to County standards, he shall recommend
acceptance of the streets for full maintenance. Upon a receipt of a positive
unqualified recommendation from the County Engineer for acceptance of
streets within the development, the Board of County Commissioners shall
accept said streets as public facilities and County property, and shall be
responsible for the full maintenance of said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to
One-Hundred percent (100%) of the value of the improvements as shown
in this Agreement. Prior to Final Plat approval, the applicant shall indicate
which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County
Commissioners and the execution of this Agreement. Except for a phased
development as set forth in Section 7.2, acceptable collateral shall be
submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six (6)
months then the Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County extend the
Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County
standards, policies and regulations. Except for a phased development as
set forth in Section 7.2. the improvements shall be completed within one
11) year afer the Final Plat approval (not one war after acceptable
collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty (30) days.prior to its expiration and
further provides that cost estimates for the remaining improvements are
updated and collateral is provided in the amount of One-Hundred percent
1100%) of the value of the improvements remaining- to be completed. If
improvements are not completed and the agreement not renewed within
these time frames, the County, at its discretion, may make demand on all
or a portion of the collateral and take steps to see that the improvements
are made.
7.2 The applicant may, at its option, choose to provide for a phased
development by means of designating filings of a Planned Unit
Development Final Plan or Subdivision Final Plan. The applicant would
6
need only to provide collateral for the improvements in each filing as
approved by the County. The County will place restrictions on those
portions of the property that are not covered by collateral which will
prohibit the conveyance of the property or the issuance of building permits
until collateral is provided or until improvements are in place and
approved pursuant to the requirements for a Request for Release of
Collateral. The applicant shall complete the improvements for each filing
within one (1) year after the designation of such filing, unless (i) a longer
period of time is specified for completion in Exhibit "B", or (ii) the
applicant(s) requests that this Agreement be renewed at least thirty (30)
days prior to its expiration and further provides that cost estimates for the
remaining improvements are updated and collateral is provided in the
amount of One-Hundred percent (100%) of the value of the improvements
remaining to be completed.
7.3 The applicant intends to develop in accordance with Exhibits "A" and
"B." The costs of the improvements described in Exhibit "A" will be
adjusted higher or lower for the year and quarter in which the
contemplated work is being performed based on "The State Highway Bid
Price Index" contained in the "Quarterly Cost Report" of The Engineering
News-Record as published by The McGraw-Hill Companies. The
applicant has provided cost estimates for all phases of the development
which will be adjusted in accordance with The State Highway Bid Price
Index at the time of posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable
to Weld County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial
institution on a form approved by Weld County. The Letter of Credit shall
state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-
Hundred percent(100%) of the total value of the improvements
as set forth in Section 6.0 and Exhibits "A" and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not performed the
obligations specified in the Improvements Agreement and the
issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all
times, the unreleased portion of the Letter of Credit shall be
7
equal to a minimum of One-Hundred percent (100%) of the
estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the
development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the
Improvements Agreement (i.e., streets, sewers, water mains
and landscaping, etc.). The issuer of the Letter of Credit will
sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of
the total Letter of Credit amount cannot be drawn upon and
will remain available to Weld County until released by Weld
County.
8.1.6 The Letter of Credit shall specify that the date of proposed
expiration of the Letter of Credit shall be either the date of
release by Weld County of the final fifteen percent (15%), or
one year from the date of Final Plat approval, whichever occurs
• first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board
has received sixty (60) days written notice from the issuer of
the Letter of Credit of the pending expiration. Said notice shall
be sent by certified mail to the Clerk to the Board of County
Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided that
the following are submitted:
8.2.1 In the event property within the proposed development is used
as collateral, an appraisal is required of the property in the
proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its
current degree of development is sufficient to cover One-
Hundred percent (100%) of the cost of the improvements as set
forth in the Improvements Agreement plus all costs of sale of
the property.
8.2.2 In the event property other than the property to be developed
has been accepted as collateral by Weld County, then an
appraisal is required of the property by a Member of the
Institute of Real Estate Appraisers (M.A.I.) indicating that the
value of the property encumbered in its current state of.
development is sufficient to cover One-Hundred percent
8
(100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a
valid encumbrance which is senior to all other liens and
encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered
• property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent
(100%) of the amount specified in the Improvements
Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for no
other purpose and will not release any portion of such funds
without prior approval of the Weld County Board of
Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or
financial institution.
8.3.4 If Weld County determines there is a default of the
Improvements Agreement, the escrow agent, upon request by
the County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business in the
State of Colorado in an amount equivalent to One-Hundred percent
(100%) of the value of the improvements as specified in the Improvements
Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent
(100%) of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Applicant must present
a Statement of Substantial Compliance from an Engineer registered in the State of
Colorado that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the
following:
9
9.1 The Engineer or his representative has made regular on-site inspections
during the course of construction and the construction plans utilized are
the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per
Colorado Department of Transportation (CDOT) Schedule for minimum
materials sampling, testing and inspections found in CDOT Materials
Manual.
9.3 "As-built"plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project "as-
built" is in substantial compliance with the plans and specifications as
approved, or that any material deviations have received prior approval
from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if
appropriate,by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating
the fire hydrants are in place in accordance with the approved plans. The
letter shall indicate if the fire hydrants are operational and state the results
of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the fmal
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by
the County, the applicant(s) may request release of the collateral for the
project or portion of the project by the Board. This action will be taken at
a regularly scheduled public meeting of the Board:
9.8 The request for release of collateral shall be accompanied by "Warranty
Collateral" in the amount of fifteen percent (15%) of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity, special
district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final
acceptance by the Board of County Commissioners for full maintenance
under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,
pursuant to a rezoning, Subdivision or Planned Unit Development, requires the
dedication, development and/or reservation of areas or sites other than
10
Subdivision or Planned Unit Development streets and utility easements of a
character, extent and location suitable for public use for parks, greenbelts or
schools, said actions shall be secured in accordance with one of the following
alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage as may be determined according to Section 8-15-B
of the Weld County Subdivision Ordinance shall be dedicated to the
County or the appropriate school district, for one of the above purposes.
Any area so dedicated shall be maintained by the County or school
district.
10.2 The required acreage as determined according to Section 8-15-B of the
Weld County Subdivision Ordinance may be reserved through deed
restrictions as open area, the maintenance of which shall be a specific
obligation in the deed of each lot within the Subdivision or Planned Unit
Development.
10.3 In lieu of land, the County may require a payment to the County in an
amount equal to the market value at the time of Final Plat submission of
the required acreage as determined according to Section 8-15-B of the
Weld County Subdivision Ordinance. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant.
The cash collected shall be deposited in an escrow account to be expended
for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the Applicant, and
upon recording by the County, shall be deemed a covenant running with the land
herein described, and shall be binding upon the successors in ownership of said
land.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
el
APPLICANT:
REI, LLC, d/b/a Investors LLC
Name:.'-Seir ,d,t %
Title: /)9u^7.e ,c
53 i .
Subscribed and sworn to before me this :�;� day of 2000.
My Commission expires: .. 2 k 2004
'V OTA R y :`' i�t... Pub -;:5-..._..._____,..... -
C c 4 i �?
{ N . . _Dlotary PubligC'tOF. 'CO* 'j
•.•\••~fLNYY.
12
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara J. Kirkmeyer, Chair
M. J. Geile, Chair Pro-Tern
ATTEST:
Weld County Clerk to the Board George E. Baxter
By:
Deputy Clerk to the Board Dale K. Hall
Glenn Vaad
APPROVED AS TO FORM:
County Attorney
13
Exhibit"A"
Name of Subdivision: Beebe Draw Farms
Location: See attached legal description.
Intended to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated ,20 ,
recorded on 20 ,in Book Page No. Reception
No. ,the following improvements.
Beebe Draw Farms
Filing No.2,Offsite Roadway
Cost for Public Improvements
WCR 32/39
Item Qty. Unit Unit Cost Total Cost
Grading 1,150 cy $ 4.50 $5,175
Asphalt 303 ton $ 28.40 $8,605
Base Course 2,956 ton $ 18.00 $53,208
Striping 710 If $ 7.50 $5,325
R/R Double Yellow Striping 300 If $ 11.00 $3,300
Sawcut 974 If $ 12.00 $11,688
SUBTOTAL $87,301
WCR 38 -
Asphalt 4,730 ton $ 28.40 $134,332
,-----`] Base Course 2,835 ton $ 18.00 $51,030
J SUBTOTAL $185,362
WCR 32
Grading 800 cy $ 3.41 $2,728
Asphalt 415 ton $ 28.40 $11,786
Base Course 600 ton $ 18.00 $10,800
Striping 1,020 If $ 7.50 $7,650
FUR Double.Yellow Striping 870 If $ 11.00 $9,570
Sawaut 800 If $ 12.00 $9,600
SUBTOTAL $52,134
SUBTOTAL $324,797
Engineering and Supervision Costs $32,480
(testing,Inspection,as-built plans and work In addition to preliminary
and final plat supervision of actual construction by contractors.)
TOTAL ESTIMATE COST OF IMPROVMENTS AND SUPERVISION
OFFSITE $357,277
Beebe Drew Pans\
Exhibits A sdB-F2 dWro.doe
The above improvements shall bb constructed in accordance with all County requirements and
specifications,and conformance with this provision shall be determined solely by Weld County,or its duly
eip authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B".
Date:
Beebe Draw PmM
B&WWWI:Amid B•P2 off itadee
Exhibit"B"
Item Schedule for Completion
WCR 32/39 To be completed prior to the issuance of the 92" Building Permit.
WCR 38 To be completed at the time of construction(Filing No.2,Phase 4)for the
entrance to Beebe Draw Farms from WCR 38.
WCR 32 To be completed with the construction of the entrance to Beebe Draw Farms
from WCR 32 in Filing No.2,Phase 1.
r)
Beebe Draw PmM
Exhibits A.Ad B-F2 cfMte doe
SEP-20-0. THU 11 :37 AM WELD CCCX?Y PUBLIC Y1KS7 :AX:9103C46497 y€l p„r.SGE 1
LJ.icaS
"-DO'
MEMORANDUM
TG: Monica Daniels-Mika, Director GATE: July 12, 1999
"ligFROM: Donald Carroll, Engineering Administrator efilid
CSUBJECT: S492; Beebe Draw, 2nd Filing, Sketch Plan for PUD
s
. COLORADO
The Weld.County Public Works Department has reviewed this proposal. This project fails primarily under the
purview of the Weld County subdivision Ordinance Standards and Section 28 of the zoning Ordinance Standards.
Our requirements are as follows:
1. internal Road System: tern#28.3.1.7 is a general statement describing the vehicle circulation
system of local, collector, and arterial roads. In the questionnaire, the applicant is incicating the
streets will be designed with a normal 60 feet of right-of-way width and 3C feet of paving, including
shoulders. An internal traffic analysis shall he performed to determine street classification (in
accordance with current standards) including right-of-way widths, depth of asphalt and base or full
depth asphalt, and land and shoulder widths.
2. Off Site Improvements;A Road Maintenance and improvements Agreement shall be required.
The foilcwing shall be included in the agreement:
WCR 39 at the Intereecticn with Beebe Draw Parkway:
a. Prior tc issacce of the 47th building permit. improvements to the entrance shall commence.
b, i me schedule for completion shall be 75 calendar days.
c. Construct accel/decel lanes and a Ief tum lane in accordance with the State Highway access
code.
d. Provide an additional 15' of right-of-way or easement adjacent to WCR 39, Filing 1 on the
plat.
intersection improvement at 'NCR 35 and WCR 17:
a. Prior to the issuance of the 92nd building permit, a south bound ^aht rum lane from WCR
35 to 'NCR 32 shall be installed in accordance with AASHTO Standards.
Filing 2 Commitments in this Agreement:
a. Describe an additional 15 of right-of-way adjacent to 'NCR 39, Filing 2 on the plat.
b. Prior to the issuance of any building pernet in Filing 2, amerta the Improvements Agreement
to address improvements on WCR 32(turn lanes) at the intersection with the development
road accessing WCR 32.
c. Prior to the issuance of any building permit in Filing 2, amend the Improvements Agreement
to upgrade and pave WCR 38 from WCR 39 easterly to the Intersection with the
development road accessing'NCR 38.
•
cc: S-492
pan:e
Clarr,t
kt. c, ` ' jp ,;
Water Service Agreement
AMENDMENT NO. ONE
TO AGREEMENT FOR WATER SERVICE
THIS AMENDMENT NO. ONE TO AGREEMENT FOR WATER SERVICE
("Am n ent No. 1" ) is made and entered into as of this rQ� day
of 01 , 1999, by and between CENTRAL WELD COUNTY WATER
DISTRICT t"Water District" ) , BEEBE DRAW FARMS METROPOLITAN DISTRICT
("Metro District" ) , and REI LIMITED LIABILITY COMPANY ("Company" ;
Water District, Metro District and Company collectively referred to
as " Parties" ) .
RECITALS
A. The Parties have previously entered into the Agreement
for Water Service dated as of June 27, 1995 ("Agreement" ) , under
which the Water District has agreed to furnish water service to the
Property owned by the Company within the Metro District according
to the terms, conditions and limitations set forth therein.
B. The Parties desire to supplement certain provisions of
the Agreement relating to the acquisition and transfer of water
supplies for development of the Property. This Amendment No. 1
will serve a beneficial public use and will promote the health,
� safety, prosperity, security and general welfare of the inhabitants
of the Districts and the Company.
AGREEMENT
In consideration of the mutual covenants, agreements, and
promises hereinafter set forth, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree to amend the
Agreement as follows :
1 . Paragraph 11 of the Agreement is hereby amended by the
addition of the following:
Any other provision of this Agreement notwithstanding, if
either the Metro District or Company has acquired and
transferred water supplies to the Water District, which
have not been fully used or credited for use to any water
tap issued by the Water District and which the Metro
District or Company, as applicable, determines will not
be used for the development of the Property within a
reasonable time, then such Party may direct that any
excess water supply be re-transferred to any person
specified by such Party, subject to: (i) all transfer
regulations of the Northern District, Northern
-Mk Subdistrict, or other water supplier; (ii) payment of any
41, transfer fee charged by the Northern District or Northern
BDPMEAWTRSRVCAMD
Subdistrict; (iii) if the Water District does not
rel purchase the excess water supply, reimbursement of any
assessment on such water supply imposed by the Northern
District or Northern Subdistrict and paid by the Water
District during the current calendar year, prorated as of
the transfer date; and (iv) a right of first refusal of
the Water District to purchase the excess water supply
for the original cost thereof, along with interest
thereon from the date of acquisition at the rate of six
percent ( 6%) per annum (" Purchase Price" ) . The Water
District shall exercise the right of first refusal by
making payment of the Purchase Price in certified funds
within 30 days after receipt of written notice from the
Metro District or Company, as applicable, and if not so
exercised, then the right of first refusal shall expire
and terminate without condition. Unless impracticable,
the Water District will initiate the process to transfer
the excess water supply within 30 days after receipt of
written notice from the Metro District or Company. The
Water District shall not be involved in, and shall have
no responsibility for, the terms of sale or payment of
the sales price of such excess water supply. Any re-
transfer of water supplies shall not be deemed to release
or otherwise nullify the obligation of the Metro District
and Company to furnish adequate water supplies for the
development of the Property according to the terms of the
Agreement.
2 . Except as expressly modified by this Amendment No. 1, the
Agreement shall remain in full force and effect . All terms and
definitions set forth in the Agreement shall have the same meanings
and effect hereunder.
IN WITNESS WHEREOF, the Parties have executed this Amendment
No. 1 as of the date above written.
CENTRAL WELD COUNTY TER DISTRICT
By:
Pr i21ent
( S E A L ) Attest: 6211:
Secretary
Date: 17 9d , 1999
2
r
STATE OF COLORADO }
} ss.
COUNTY OF }
The foregoing instrument was acknowledged before me this a"-e/
day of /i/c"7 , 1999, by ?.i is Li /J_e2-Ce c as President
and t-C' rte V as Secretary of the Central Weld
Count11Water District .
Witness my hand and official seal .
My commission expires :,`; 70 2_e_0/ /
6-4- xc• / 2 /4c-mac-%ti rte-,
Notary/ublic
BEEBE DRAW FARMS METROPOLITAN
DISTRICT
BY: dOW--P-1
Ja es W. Pres ' czt
S E A L ) Attest: Z
� �-
Thomas A. Burk, Secretary
Date: 3—U V1/4.1.-- 1(.4 , 1999
STATE OF COLORADO
} ss.
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this 1(Q`/j
day of l)GIRr. , 1999, by James W. Fell as President and Thomas
A. Burk as Se �j} y of the Central Weld County Water District.
� � 1. w rr��H
Witneovly_tra�1`; aad official seal.
M c
s �i� ex ses : Ill3ol0d-
Y g
i/ iI11
OF COP��n ; ��k�����` Notary Public
sel
n REI LIMITED LIABILITY COMPANY,
dba Investors Limited Liability
Company
By: ,
Manager
Date: Of , 1999
STATE OF COLORADO }
COUNTY OF T r. evscm. } ss .
Th oregoing instrument yes cknowd.edggd before me this
day of N C-U , 1999, by KOIl it._ C'e_ ICS/ as Manager of
the REI Limited Liability Company, a Wyoming ( limited liability
company doing business in Colorado as Investors Limited Liability
Company.
fl Witness my 3c�
ha`k$man4,,�official seal.
‘ W-71/,
My commiss�x�:.ekpi r`'� . aIoa.
c3,..„,/Q
Notary Public
el
4
AGREEMENT FOR WATER SERVICE
This Agreement for Water Service ("Agreement" ) is made and
entered into as of this 27th day of June, 1995, by and between
CENTRAL WELD COUNTY WATER DISTRICT ( "Water District" ) , BEEBE DRAW
FARMS METROPOLITAN DISTRICT ( "Metro District" ) , each of such
Districts being Colorado special districts located in Weld County,
and REI LIMITED LIABILITY COMPANY ( "Company") , a Wyoming limited
liability company doing business in Colorado as Investors Limited
Liability Company.
WHEREAS, Water District is organized as a special district
pursuant to Section 32-1-101, et seq. , C.R. S . , to furnish treated
water within its jurisdictional boundaries; and
WHEREAS, Water District purchases water from the Carter Lake
Filter Plant, a Colorado municipal corporation, which acquires raw
water from the Northern Colorado Water Conservancy District
( "Northern District" ) and its Municipal Subdistrict ( "Northern
Subdistrict" ) in accordance with certain agreements between such
entities ; and
WHEREAS, Metro District is organized as a special district
pursuant to Section 32-1-101, et seq. , C.R. S . , to furnish treated
water, recreation, roads, and related services within its
jurisdictional boundaries; and
WHEREAS, Company is the owner of certain real property, as is
more specifically described in Exhibit A attached hereto and
incorporated herein, zoned and platted as an 800-unit residential
development commonly referred to as Beebe Draw Farms and Equestrian
Center ( "Property" ) , and desires to receive treated water service
for the Property from the Water District or Metro District; and
WHEREAS, the Property comprises all of the territory within
the Metro District, is not currently within the jurisdictional
boundaries of the Water District, but was included into the
jurisdictional boundaries of the Northern Subdistrict on March 27,
1986 ; a petition for inclusion of the Property into the Northern
District itself is pending final approval by the Secretary of the
United States Department of Interior or his delegate; and
WHEREAS, Water District, Metro District and Company have
determined that the Property can be most efficiently and
effectively furnished treated water service by the Water District
exclusively utilizing raw water supplied by the Northern District
or Northern Subdistrict in accordance with the terms and conditions
of service set forth in this intergovernmental contract, which also
provides in part for the joint exercise of statutory powers by each
District pursuant to Section 29-1-203 , C.R.S . , with the full
consent and approval of the Company,
THEREFORE, in consideration of the mutual covenants,
agreements, and promises hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
follows :
1 . The Water District shall exclusively furnish treated
water service to the Property in accordance with Water District
rules and regulations and line extension policies as now adopted or
as hereafter may be adopted by the Water District for all its
customers, except as otherwise specifically provided herein. All
such rules, regulations, and rates, fees, and charges of the Water
District relating to water service to the Property shall be applied
uniformly among similar users within the jurisdictional boundaries
of the Water District, including the Property, except as otherwise
specifically provided herein. The Water District may, however,
establish different rates and other criteria for service within
areas of the Water District as provided by statute . The Metro
District will not provide treated water service to the Property.
2 . The Metro District or Company shall pay for and provide
all water mains and related facilities either within or without the
boundaries of the Metro District in order to furnish water service
to the Property. The Water District must give its prior written
2
approval to all construction by the Metro District or Company, or
its contractors, upon terms approved by the Water District .
A. The Water District must approve such construction by the
Metro District or Company, or its contractors, by
subsequent written agreement providing for the terms of
such installation, including requirements that the
materials used shall meet all standards of the Water
District and that provides for inspection by the Water
District of the construction of such water mains and
facilities . The cost of all construction shall be paid
by the Metro District or Company to the Water District or
to the contractors, as the case may be .
B . If construction is performed by the Water District or its
contractors, a deposit in the amount hereafter specified
shall be paid by the Metro District or Company to the
Water District as an advance towards the construction
cost of such installation. After completion of such
construction and acceptance by the Water District, a
final adjustment of costs will be made, if necessary. In
the event that it is determined that the deposit is
insufficient to cover the estimated cost of construction,
then the Metro District or Company shall pay to Water
District, on demand, additional advances towards the cost
of construction.
C. The Metro District shall pay a nonrefundable contribution
in aid of construction for all offsite transmission and
water storage facilities used to furnish water service to
the Property in the amount of $300, 000 . No other capital
contributions shall be required, except for the actual
cost of water mains and appurtenant facilities specified
herein. Such contribution in aid of construction shall
be paid (i) at such time as the Water District or Metro
District has acquired and transferred the raw water
supply from the Northern District or Northern Subdistrict
3
to the Water District as hereinafter provided, or (ii) on
July 1, 1997, whichever event occurs first . In the event
such contribution in aid of construction is not paid for
any reason, then this Agreement shall terminate and be of
no further force or effect, unless the Water District
extends such payment date by written notice.
D. If the installation is constructed by the Metro District
or Company, or its contractors, the Metro District or
Company shall transfer all right , title, and interest in
and to such facilities installed as well as necessary
easements and appurtenances and related property rights
to the Water District by good and sufficient assignment
or bill of sale with warranties of title and by general
warranty deed. Such transfer shall be made free and
clear of all liens and encumbrances . The Metro District
or Company shall furnish sufficient evidence of title
with a "Form 100" endorsement to a standard ALTA title
policy, if required by the Water District . The Metro
District or Company shall furnish appropriate lien
releases or a good and sufficient bond in form acceptable
to the Water District in order to insure that all
construction costs have been paid in full . All labor and
materials shall be warranted for defects of any kind by
the Metro District or Company, or its contractors, for
two years from the date of written acceptance of such
facilities by the Water District . The Water District,
upon receipt of the documents of transfer and evidence of
title, shall consider whether to accept or reject the
installation. If the Metro District or Company has
complied with the applicable provisions of this Agreement
and all other conditions precedent to the acceptance of
such facilities, the Water District shall approve and
accept the transfer and shall thereafter assume all
operation, maintenance, repair and replacement of such
facilities . In no event shall the Water District assume
any ownership, operation, or maintenance of any
4
installation on the service side of a customer' s meter
installation.
E . The design and fire flow of the water facilities
installed to serve the Property shall be subject to
review and comment by the fire protection authority with
jurisdiction over the Property prior to installation of
such facilities.
3 . The Water District will sell water taps in accordance
with the terms of this Agreement and Water District rules and
regulations for improvements constructed on the Property within the
Metro District upon a customer' s application for service and
payment of all fees and charges set forth in Water District rules
and regulations, subject to the general availability of such water
taps and the reasonable responsibility of the Water District to
furnish treated water service to the Property recognizing that
temporary interruptions of water service may occur. If the Water
District cannot furnish an adequate raw water supply for the
development of the Property, the Metro District or Company shall
acquire adequate raw water supplies for each phase of development
of the Property from the Northern District or Northern Subdistrict
in accordance with their established policies or from other sources
acceptable to the Water District and transfer such water supplies
to the Water District for service to the Property in accordance
with Water District rules and regulations; provided that, the Metro
District may reuse all water acquired and transferred from the
Northern Subdistrict to the Water District for irrigation of Metro
District recreational facilities or other District purposes,
subject to all applicable reuse regulations of the Northern
Subdistrict . In order to provide raw water supplies for the
Property as herein provided, the Metro District or Company agree to
transfer the units of Northern District or Northern Subdistrict
water rights so acquired to the Water District for such purpose .
The total value of such units shall be applied as a credit against
the raw water fee of the Water District at the time of issuance of
each such tap; the customer shall pay only the capital improvement
5
fee component of the Water District tap fee and other standard
charges due at the time of the tap installation. The Water
District will be obligated to serve no more than 800 residential
equivalent units on the Property for which an adequate supply has
been furnished by the Metro District or Company in accordance with
all terms set forth herein. In addition to the rates, fees and
charges of the Water District, the Metro District may impose fees
and charges to customers within the Metro District for water and
facilities furnished by the Metro District, and such fees and
charges shall be collected by the Water District from such
customers at the time of issuance of water taps and remitted to the
Metro District .
4 . Customers within the Water District and Metro District
shall commence payment of the uniform rates of the Water District,
including minimum fees, on the date of setting of the water meter
and the availability of water for use at the tap.
5 . The terms of this Agreement shall apply only to the
AP
Property, and the water taps provided in accordance herewith may be
used only upon the Property which must be located within the
jurisdictional boundaries of the Metro District and Water District .
The parties hereto agree that this Agreement shall be an
intergovernmental service contract subjecting the Property to all
terms, provisions, and limitations set forth herein, which
Agreement may be recorded establishing covenants running against
the Property itself .
6 . The Company shall provide the Water District with an
accurate copy of the final plat of the Property to be served by the
Water District . If the plat must be approved by the County
Commissioners, then a copy of the final plat recorded with the
County Clerk must be provided to the Water District .
7 . The Company hereby grants to the Water District and Metro
District the right to enter upon the Property and all roads,
rights-of-way, and utility easements described on the final plat of
6
the Property to construct, operate and maintain the facilities
herein described, together with the right of ingress and egress and
the right to cut and trim trees and shrubbery to the extent
necessary. The Company shall convey to the Water District all
easements reasonably required by the Water District for facilities
which are not located in dedicated roads, rights-of-way, or utility
easements, on the District' s form of easement, and the Water
District shall not be responsible for any delay in providing
service to the Property in the event of failure to provide such
easements . This provision of the Agreement shall be specifically
enforceable by the Water District .
8 . The water facilities herein described are required by
dates to be subsequently specified by the Metro District and
Company. In the event the Water District installs any such
facility, the Water District shall use reasonable diligence in
completing such facility by the specified date . If such facilities
cannot be installed because of act of God, governmental authority,
action of the elements, accident, strikes, labor trouble, inability
, to secure materials or equipment, or any cause beyond the
reasonable control of the Water District, the Water District shall
not be liable therefor or for damages caused thereby.
9 . In the event that the Water District installs such
facilities, the Water District shall install the facilities
described herein in accordance with good engineering and
construction practices after the Company has established platted
property lines and the Metro District has excavated streets,
rights-of-way, and easements to final grade and prior to the paving
of streets and construction of curbs and gutters, if applicable .
The Metro District or Company, as applicable, shall reimburse the
Water District for any expense due to subsequent changes made by
the Metro District or Company.
10 . Water service shall be provided to individual customers
on the Property located within the Metro District at the applicable
rates adopted from time to time by the Water District for all
7
customers within the jurisdictional boundaries of the Water
District in accordance with Water District rules and regulations as
now established or as may hereafter be established. On or before
the date that payment is made as required in Paragraph 2 . C. of this
Agreement, the Company agrees to petition to the Water District to
include the Property into the Water District and to pay all costs
associated with the inclusion process and to do all other necessary
acts to include the Property within the Water District . If the
Metro District and Water District determine that it is necessary
and desirable to acquire Colorado-Big Thompson water units ( "CBT
Water" ) from the Northern District to serve the Property, the
Company also agrees to petition to the Northern District to include
the Property into the Northern District and to pay all costs
associated with the inclusion process and to do all other necessary
acts to include the Property into the Northern District . No water
service shall be provided except to the Property included within
the boundaries of the Metro District, Water District, Northern
Subdistrict, and if CBT water is to be utilized thereon, Northern
District . All parties agree that no other person or property shall
be permitted to receive such water service which is to be furnished
only to the Property in accordance with terms and provisions of
this Agreement .
11 . The Water District agrees to allow installation of 800
residential equivalent water taps (with no more than 100 tap
installations per year, unless specifically approved by the Water
District) within the Property which shall be located within the
Water District and Metro District, subject to all terms and
provisions of this Agreement . All water taps greater than five-
eighths inches shall be approved by the Water District . No water
taps will be served by the Water District until all applicable
terms and conditions of this Agreement have been complied with by
the Metro District and Company, including the transfer of the
above-described water rights . The Water District acknowledges and
agrees that the Property will be developed in various phases and
that all such water supplies, mains and related facilities
.�� specified in this Agreement shall be acquired, provided, and
8
transferred to the Water District incrementally according to each
developmental phase as approved by the Water District, which
approval shall not be unreasonably withheld. The water taps
furnished hereunder may be used only on the Property which is
located within the Metro District, unless otherwise expressly
approved in writing by the parties hereto. Any transfer of water
taps to other property shall be made in accordance with the terms
of a supplemental written agreement and the requirements of the
Water District and its rules and regulations. Any right to receive
a water tap option or water rights credit under this Agreement,
whether upon the Property or at any other place, shall expire and
become null and void twenty years after the date of this Agreement;
provided that, after such date the Metro District shall have a
perfected right to obtain a water tap from the Water District for
use within the Property if (i) raw water supplies therefor have
been acquired by the Metro District or Company and transferred to
the Water District, (ii) the monthly minimum charge (inactive
service status) for such water tap is paid to the Water District,
and (iii) the Metro District and Company comply with all other
Water District rules and regulations . The Metro District and
Company shall not encumber, mortgage, or collaterally assign such
water tap without the prior written consent of the Water District .
The Metro District and Company shall not encumber, mortgage, or
collaterally assign such water taps without the prior written
consent of the Water District . In all other respects, such water
taps or water rights credits shall be treated as the personal
property of the Metro District or Company, as applicable .
12 . The Metro District , Company, and future customers within
the Property agree to abide by all rates and rules and regulations
of the Water District as now established or as may hereafter be
established by the Water District; provided that all such rates,
rules and regulations shall be uniform throughout the Water
District and consistent with the express terms and provisions of
this Agreement; provided, however, that the Water District may
establish different rates and other criteria for service within
�.. areas of the Water District as provided by statute . The Water
9
District shall not be liable for any injury or damage for failure
to deliver water for any reason, including but not limited to war,
riot, insurrection, Act of God, or breaks or failure of the water
system.
13 . This Agreement may be amended from time to time by a
written agreement between the parties hereto signed by the duly
authorized representatives of such parties . No agent or
representative of the Water District or Metro District has the
power to amend, modify, alter or waive any provision of this
Agreement . Any promise, agreement or representation made by an
agent or representative of the Water District or Metro District not
herein set forth shall be void and of no further force or effect .
14 . The Metro District and Company understand and agree that
all fees, rates, tolls, penalties or charges for services,
programs, or facilities furnished by the Water District in
accordance with the terms of this Agreement constitute a perpetual
lien on the portion of the Property served, and that such lien may
be foreclosed in the manner provided by State law, pursuant to
Section 32-1-1001 (1) (j ) , C.R. S . In the event that the Metro
District, Company or any individual customer, as applicable, fails
to abide by any of the terms or conditions of this Agreement, the
applicable party which is responsible therefor shall pay all costs
and expenses incurred by the Water District as a result of any such
breach, including direct and consequential damages, loss of
revenue, attorney fees, court costs, expert witness fees, and other
expenses .
15 . This Agreement shall be binding upon and inure to the
benefit of the heirs, personal representatives, successors, and
assigns of the parties hereto. Except as provided herein, this
Agreement shall not be assigned without the prior written consent
of the Water District .
10
16 . The Agreement dated October 30, 1985, between the Water
r) District and Beebe Draw Land Company, Ltd. , relating to the
Property has been terminated in accordance with its terms and is no
longer effective . The Metro District and Company acknowledge and
agree that such Agreement is terminated and of no further force or
effect .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
CENTRAL WELD COUNTY WATER DISTRICT
7sj,:,
By \ !Ja.z� 2L-E1Gti--
residentt �
( S E A L ) Attest : Gt, a Lt1/f\JOW
'Secretary
i rr
Date : rlk/,t.C/� z(7 , 1995
Pil STATE OF COLORADO )
ss .
COUNTY OF )
The foregoing instrument was acknowledged before me is pc- C
day of Trt ,Ct , 1995, by - 3- Irv,, f' )211-e2;t62 ,
as President and tC -, up_, i.c) IGevlc as Secretary of
the Central Weld County Water District .
Witness my hand and official seal .
My commission expires : 4/./e, . 3O) /99' 7
Notary p4blic
11
•
BEEBE DRAW FARMS METROPOLITAN
DISTRICT
,S A4E TR°4 By
! � kk
f
"'�. Ja e W1igell, si•ent
Atte - : C .` r4Ait
a4i Thomas A. Burk, Secretary
j�Q(On�O si yam; `,' Date : June 27, 1995
STATE OF COLORADO )
ss .
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this 27th
day of June, 1995, by James W. Fell as President and Thomas A. Burk
as Secretary of the Beebe Draw Farms Metropolitan District .
Witness my hand and official seal .
■ c OylvSOMmission expires : 11/30/96 etoadici,mo
Notary Public
ti.
12
REI LIMITED LIABILITY COMPANY,
dba Investors Limited Liability
Company
, , .
e9 , ic_._., ,:•y./(-----,
By
Manager
`
Date : F'rg ° ` 1995
STATE OF COLORADO )
COUNTY OF aeFTER�SW ) ss .
The foregoing instrument was acknowledged before me this a�111\_
day of SuVC2. , 1995, by 1SO(t.12. it Ike (Icy
as Manager of the REI Limited Liability Company, a Wyomin4 limited
liability company doing business in Colorado as Investors Limited
Liability Company.
e„,„.O..,
LiSn ss my hand and official seal .
(t o 19
x �, �ux� =�t,°q�ission expires : ,
.NQ;' P� Notary Public
13
EXHIBITA
Legal Description of Company Property
The Property of Company referred to in the foregoing Agreement
for Water Service is situated in Weld County, Colorado, and is more
specifically described in that certain Sheriff's Deed dated June
17, 1994, recorded in the County records at Book 1447, Folio 0575,
Reception No. 02393929, a copy of which is attached hereto as
Exhibit A-1 and incorporated herein by reference.
•
EXHIBIT A
B 1447 REC 02393929 06/17/94 16:25 $70.00 1/014
F 0575 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AE2343429 DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 93 CV 214, Courtroom I
SHERIFF'S DEED
REI LIMITED LIABILITY COMPANY, a Wyoming limited liability
company, doing business in Colorado as INVESTORS LIMITED
LIABILITY COMPANY,
Plaintiff,
s V.
•
BEEBE DRAW FARMS, LTD. , a Colorado limited partnership;
DRS. ELLIOTT, HALSETH & WALKER, P.C. FROZEN PENSION PLAN,
formerly known as DRS. ELLIOTT, HALSETH & WALKER, P.C. ,
DEFINED BENEFIT PENSION PLAN, also known as DRS. ELLIOTT,
HANSETH & WALKER DEFINED BENEFIT PENSION PLAN, a trust;
LANDE MANUFACTURING COMPANY RETIREMENT PLAN AND TRUST, a
trust; DARREL BENSON; WILLIAM S. GRIPMAN; W. GERALD RAINER,
M.D.P.C. EMPLOYEES DEFINED BENEFIT PENSION PLAN, a trust;
COLORADO CONTAINER CORPORATION EMPLOYEES DEFERRED PROFIT
SHARING TRUST, a trust; RICHARD E. SLAUGHTER; RICHARD E.
bAMIANO; C. L. PHILLIPS & ASSOCIATES, INC. PROFIT SHARING
PLAN, a trust; COLORADO CONTAINER CORPORATION PENSION
TRUST, a trust; ROLLIE R. KELLEY; BEEBE DRAW CATTLE CO., a'
Colorado limited partnership; and JAMES K. 1CADLECEK, as the
Public Trustee in and for Weld county, Colorado;
Defendants.
THIS DEED is made June 17, 1994, between ED JORDAN as
the Sheriff of the County of Weld, State of Colorado, and
REI LIMITED LIABILITY COMPANY, a Wyoming limited liability
company, doing business in Colorado as INVESTORS LIMITED
LIABILITY COMPANY, grantee, the holder of the certificate
of purchase, whose legal address is 4221 Monaco Street,
Denver, Colorado 80216.
WHEREAS, REI LIMITED LIABILITY COMPANY, a Wyoming
limited liability company, doing business in Colorado as
INVESTORS LIMITED LIABILITY COMPANY, did, in the District
Court for the County of Weld, Colorado, obtain a judgment
and decree against BEEBE DRAW FARMS, LTD. , dated January
14, 1994, directed to the Sheriff of the County of Weld,
Colorado; and
WHEREAS, by virtue of said judgment and decree, the
Sheriff levied upon the property hereinafter described and,
after public notice had been given of the time and place of
0CT 21 '94 10:00 3035340514 PRGE.002
B 1447 BBC 02393929 06/17/94 16;25 $70,00 2/014
' F 0576 MARY ANN PEUERSTEIN CLERK & RECORDER WILD CO, CO
tel
sale as required by law, said property was offered for sale
and sold according to said notice, and a certificate of
purchase was made and recorded in the office of the County
Clerk and Recorder; and
•
WHEREAS, all periods of redemption have expired;
NOW, THEREFORE, I, ED JORDAN, Sheriff of the County of
Weld, Colorado, in consideration of the premises, confirm
the sale and sell and convey to grantee the following
described property located in the• County of Weld, State of
Colorado, more particularly described in Exhibit A,
attached hereto, consisting of twelve (12) pages, incor-
porated herein by this reference as though fully set forth,
l and including all land lying in the bed of any street,
road, avenue, alloy, stream or river, in front of or
adjoining the property; all buildings, structures and
improvements now on the property, and all fixtures,
equipment, appliances and furnishings attached thereto; all
proceeds of the conversion, voluntary or involuntary, of
any of the foregoing into cash or liquidated claims,
including, w_thout limitation, proceeds of insurance and
condemnation awards; all the rights (including water rights
and shares of water stock) , permits, hereditaments and
appurtenances thereto belonging or in any way appertaining;
r) and all the rents, issues, uses, profits and income from
J the property. •
TO HAVE AND TO HOLD the same, with all appurtenances,
forever.
ED JORDAN, Sheriff of the
County of Weld, QColgorado
•
Da
STATE OF COLORADO ) ff
as.
COUNTY OF WELD ) Ir
Th@�foregoing instrument was acknowledgqed before me
this /7- day of June, 1994, by /)MARL/ ..5L2fftdARrz. as
peputy Sheriff of the County of Weld, Colorado.
a);.....
witness my hand and official seal.
• �
;. .. .
�J�`G $y commission expires: /D-to '4t . •
/ I Ca/Licin a eft
N -ry Publ
2
•
0CT 21 '94 10:01 3035340514 PRGE.003
B 1447 REC 02393929 06/17/94 16:25 $70.00 3/014
F 0577 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A TO SHERIFF'S DEED
1
A tract of land located in Sectipns 3, 4, S, 8, S. 10, 15, 16. end 17.
Township 3 Worth, Range 65 West of the Sixth Principal Meridian, Weld
County. Colorado, being more particularly described as follows:
Beginning at the Southeast Corner of said Section 16 and considerin the '
South line of said Section 16 to bear S 89. 27' 03' W with all bearings
herein being relative thereto;
•
Thence along the South line of said Section 16, S $9' 27' 03' V, $139.13
feet to the Southeast Corner of said Section 17; •
Thence along the South line of said Section 17, 5 89' 33' 00' W, 5328.46
feet to the Southwest Corner of said Section 17; •
Thence along the West line of said Section 17. N 00' 29' 57' W. 1259.91 feet
to the Northwest Corner of said Section 17;
Thence along the West line of said Section 8, N 00' 09' 35' W. 5292.39 feet
to the Northwest Corner of said Section 8;
Thence along the West line of said Section 5, N 00' 24' 57' W, 3981.69 feet
-to the Southwest Corner of the North Half of the Northwest•Quarter of said •
Section 1;
•
Thence along the South line of said North Half of the Northwest Quarter of •
Section 5 N 89' 44' 30' E, 2631.54 feet to the Southeast Corner of the North
Half of the Northwest Quarter of said Section S;
Thence along the South line of the Northwest Quarter of the Northeast
Quarter of said Section 5 N 89' 44' 27' E, 1331.19 feet to the Southeast •
Corner of the Northwest Quarter of the Northeast Quarter of said Section S;
• •—Thence along the fast line of the Northwest quarter of the Northeast Quarter.: .' •
of said Section f N 00' 38' 12' W. 1325.38 feet to the Northeast Corner of
the Northwest Quarter of the Northeast Quarter of said Section 6;
Thence along the North line of said Section S. N 89' 40' 1S' E. 1333.11 feet
to the Northeast Corner of said Section 5;
Thence along the North line of said Section 4, N 89' 35' 05' C, 3438.49 fatt
'to the Point of Intersection of the North Line of said Section 4 with the • •
centerline of the Platte Palley Canal; ,
•
Pags l of 1R
•
0CT 21 '94 10:02 3035340514 PRGE.004
'
O
F 0578 MARY ANN
06/17/94 2
NFEU$RSTEIN CLERK 6a, REC0RDER�WILD CO, CO
Thence S 40' 041 03' E. 16.81 feet;
Thence along the centerline of the Platte Valley Canal as recorded in loot
• 1068, Reception No. 02008616 of the Weld County Records, by the following 25
courses:
1 - $ 10' 09' 07' W. 45.49 feet;
•
2 • S 27' 01' 47' V, 281.98 feet;
- $ 35' 02' 43' V, 129.95 feet;
' 4 • S 46' 24' 26' Y, 113.95 feet;
S • S 67" 56' 02' W, 114.41 feet;
6 - 158.51 feet along the are of a curve to the left, having a central '
angle of 43' 14' 52' and a radius of 210.00 feet, and a long chord that
bean S 44' 18' 36' W, 154.78 feet;
7 - S 24' 41' 10' K, 39.72 feet;
8 . 258.45 fest along the arc of a curve to the left, having a central
A's)
angle of 68' 10' 08' and a radius of 217.23 feet, and a long chord
J • that bears $ 09' 23' 54' E. 243.48 feet; •
•
9 • S 43' 21' 58' E, 159.97 feet; •
f
10 • 69.50 feet along the arc of a curve to the light, having a central
angle of 48' 38 11', and a radius of $1.88 feet, and a long chord that
bears S 19' 09' 63° E. 67.43 feet;
. . 11 . SOS• 09' 12' g.' 19.20 feet;' • "--'. . -- .. .. . - . • -• am- - -- •
12 • 117.95 feet along the arc of a curve to the right, having a central
angle of 25' 54' 10', and a radius of 206.90 feet, and a long chord
. that bears S 18' 06' 17' Y, 116.95 feet; '
13 - S 31' 03' 22" Y. 130.58 feet;
14 - S 09' 40' 40' W. 15.26 feet;
15 • S 03' 11' 43' E. 116.07 feet;
16 • 114.85 felt along the arc of a curve to the left, having a central
angle of 36' 30' 36'. and a radius of 180.24 feet. and a long chord
• that bears S 21' 27' 01' E. 112.92 feet; .
Pagel 2 of 12
eel
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F 0579 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO
17 - S 39' 42' 18' E, 116.57 feet;
18 - 90.93 feet along the arc of a curve to the left, having a central
angle of 45' 22' 31', and a radius of 114.82 feet, and a long chord
that bears S 62' 23' 34' E, 88.57 feet;
19 - S 85' 04' 50' 1. 170.71 feet;
20 • 151.01 feet along the arc of a curve to the right, having a central
angle of 68' 29' 30' and a radius of 126.33 feet, and a long chord
that bears S 50' 50' 04' E, 142.18 feet;
21 - 5 16' 35' 11' E. 120.95 feet;
.
22 - 196.65 feet along the arc of a curve to the right, having a central
angle of 25' 35' 07' and a radius of 440.41 feet, and a long chord
that bears S 03' 47' 46' E, 195.04 feet;
23 - S v8' 59' 48' V, 101.24 feet;
24 - 251.82 feet along the arc of a curve to the left, having a central
angle of 59' 32' 10', a radius of 242.34 feet, and a long chord that
bears S 20' 46' 16' E, 240.64 feet;
•
25 • S 50'.•32' 21' E. 97.59 feet; • •
Thence M 89' 31' 39' E. 2111.76 feet;
Thence N 11' 52' 53' W, 380.92 feet;
Thence M 119' 31' 39' E, 337.17 feet;
Thence M 00' 28' 21' M, 150.00 feet; _ _• _• • . .. �. _
Thence N 89' 31' 39' E, 1867.95 feet;
Thence S 00' 14! 30' V, 680.17 feet;
Thence S 88' 49' 23' 1, 78.63 feet;
Thence S 12' 49' 39. 1, 29.72 feet;
Thence 5 77' 10' 18' w, 30.00 feet;
Thence S 12' 49' 43' 1, 30.00 feet;
Thence M 77' 10' 18' E, 30.00 feet;
Page 3 of 12
•
0CT 21 '94 10:03 3035340514 PAGE.006
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B 1447 REC 02393929 06/17/94 16:25 $70.00 . 6/014
F 0580 MARY ANN FSUERSTEIN CLERK & RECORDER WELD CO, CO
•
Thence S 12' 49' 56' E. 14.14 feet;
Thence S 19' 28' 28' E. 608.59 feet;
Thence S 43' 52' 15' E. 959.19 feet;
Thence S 11' 49' 10' E, 159.59 feet; •
Thence S 60' 06' 36' E, 1097.85 feet;
Thence S 22' 11' 13' E, 2189.07 feet;
Thence S 17' 55' 41' W, 814.01 feet to a point on the north line of a tract
of land described as Parcel 'A' in look 1068 under Reception No. 02008614 of
the Weld County Records; Thence alone said north line by the following S .
courses:
1 - S 38' 04' 26' V. 66.71 feet; •
2 - S 70' 24' 28' W. 210.50 feet;
3 - M 65' 42' 40' M, 1366.02 feet; •
4 - N 44' 48' S0' W, 1115.90 feet;
5 - S 71' 20' 00' V, 138.08 feet;'
Thence S 71' 20' 00' V. a40.88 feet;
Thence S 43' 34' 00' E, 318.00 feet;
Thence S 16' 14'.00° E, 175.00 feet; .
' Thence S 00' 40' CO' E, 380.00 feet; •
Thence S 27' 02' 02' M, 73.00 feet;
Thence N 65' 16' 00' M, 155.00 feet; •
Thence N 56' 09' 00' W, 462.00 feet;
•
Thence N 68' 59' 00' V, 256.00 feet; •
Thence S 31' 13' 00' V. 248.00 feet;
Thence S 80' 26' 00' M, 196.00 feet; '
Pao* 4 of 12
OCT 21 '94 10:04 3035340514 Pat.007
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F 0581 MARY ANN FEUERSTSIN CLERK & RECORDER WELD CO, Co
Thence N 65. 07' 00' W. 214.52 feet to a Point on the east boundary of a
tract of land described in Exhibit 'A', look 1068, Reception No. 02006614 of
the Weld County Records; Thence along said east boundary by the following
13 courses:
1 - N 29' 11' 51' M, 43.34 feet;
2 - M 35' 35' 04' W, 245.27 feet;
3 - N 69' 49' 46" W, 52.20 feet; •
4 - N 34' 41' 43' W, 94.87 feet;
5 - N 40' 48' 08" E, 154.56 feet; ,
6 - N 72' 48' 51" E, 101.53 feet;
7 - N 31' 54' 29' E. 62.43 feet;
8 - N 17' 31' 32" E, $9.77 feet;
9 - N 20' 04' 17" W, 110.72 feet;
in - N 07' 06' 02" W, 291.23 feet;
' 11 - N 11' 50' 01' W, 107.21 feet; •
A2 - N 33' 54' O.- W, 150.60 feet;
• 13 - N 07' 02' 17' W, 163.23 feet to a point on the east boundary of a
tract of land described in Exhibit '1'. took 1068, Reception No. 02008614 of
the Weld County Records; Thence along said mast boundary, and alone the
northerly and a portion of the westerly boundary of said tract of land by
• the•followine $6 courses: • • . '-- — • _... . _. • . _
1 - N 36' 47' 35' E. 143.90 feet;
2 - M 57. 06' 34' W. 102.50 feet;
3 - N 65' 59' 14" ifs 50.60 feet; •
•
4 - N 69' 22' 13" M, 50.23 feet; •
5 - N 71' 52' 38' W, 50.07 feet; •
6 - N 74. 80' 37' W. 50.00 feet;
7 - N 77' 01' 49' W, 50.04 feet;
Page S of 13
0CT 21 '94 10:05 3035340514 PAGE.008
929 94 5 0582 MARYOMN3FEVERSTRIN/CLERK 682RRCORDER.WELD CO.01.0
$ - N 79' 52' 59' W, 50.19 feet;
9 - N 78' 58' 20' V, 50.13 feet;
- • 10 - N 77' 22' 24, W,•50.05 feet;
11 - N 7S' 18' 44" W, 50.00 feet;
12 - M 73' 56' 34' W. 50.01 feet;
13 - N 75' 59' Sa' W, 50.01 feet;
14 - N 78' 03' 33' W, 50.08 feet;
15 - N 77' 49' 51' W, 50.07 feet;
16 - N 78' 30' 57' W, 50.10 feet;
• 17 - M 88' S0' 24" W, 75.38 feet;
18 - N 27' 27' 03' W. 141.50 filet to a point on the south line of said
. Section 3;
•
19 - M 27' 27' 03'W, 6`.51 feet;
••20 - N 38' 44' 16' W, 50.00 feet to 4 point on the east line of said
Section 4;
21 - N 38' 44' 16" W, 20.57 feet; .'
22 - M 37' 14' $6' W. 50.03 feat;
23 - N 36' 51' 09' M. 50.00 feett . ..... . .. . . .
24 - N 39' 46' 09' W. 50.00 feet;
25 - N 38' 18'17" W. 39.87 feet;
26 - N 11' 21' 47" V. 28.76 feet;
27 - M 10' 11' 15' W, 100.03 feet; •
28 - M 11. 06' 14" W. 50.00 feet; •
29 - N 10' 11' 15' W. 50.01 feat;
30 - N 09' 43' 45' W. 50.02 feet; •
Page 6 o1 12
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E 1447 REC 02393929 06/17/94 16:25 $70.00 9/014
F 0583 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
31 - N 09' 16' 16" W. 50.04 feet;
32.- M 11' 47' 29" W, 50.00 feet; .
•
33 - M 15' 27' 08" W, 50.12 feet;
34 - N 17' 02' 45• W, 100.46 feet;
35 - N 88' 04' 22',W, 8.11 feet:
36 - N 55' 06' 47' W, 68.8E feet;
•
37 - N 28' 02' 02' W, 24.62 feet; •
•
38 - N O1' 59' 49' E, 64.66 feet;
39 - N 2" 17' 59" W, 51.56 feet;
40 - N 34' 33' 13' It, 50.12 feet;
41 - N 38' 26' 37' W, 50.00 feet;
42 - K 42' 33' 43' W, 50.13 feet;
ell 43 - N 61' 52' 04' W, 76.22 feet;
.44.- N 89' 17' 02' E, 139.17 feet; •
4S - N 03' 45' 51' W, 390.32 feet;
46 - N 7n' 52' 01' W, 116.11 feet;
47 - N 72' 17' 16" W, 122.30 feet;
• • • 4;l - N 55' 39' 25' W, 181.68 feet•,' -
49 - N 31' 18' 351 W. 1063.87 feet;
50 - S $8' 31' 62' W, 57.39 feet;
51 • 3 31' 28' 08' E, 492.16 feet; •
52 - $ 30' 42' 10' E. 31.11 felt;
53 • S 10' 25' 09' E. 63.38 feet;
54 - 68.62 feet along the eft of a curve to the left having a central
anale of•23' 19' 57', a radius of 168.50 feet. and a long chord that bears
south 226.05° 08' E. 68.14 feet;
Page 701U
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0CT 21 '94 10:06 3035340514 PRGE.010
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• B 1447 REC 02393929 06/17/94 16:25 $70.00 10/014
P 0584 MARY ANN PRDSRSTEIN CLERIC & RECORDER WELD CO. C0
55 - S 33' 4S' 06' E, 92.28 feet;
56 - S 38' 27' 03' E, 30.14 feet; •
Thence S 51' 32' 58' M, 98.00 feet to a point on the west boundary of a
tract of land described in Exhibit 'A', loot 1068, Reception No. 02008614 of
the Weld County Records; Thence along said west boundary by the following 38
courses:
•
1 - S 00' 23' 32' E, 177.92 feet; '
2 - S 10' 18' 17' E. 78.26 feet;
•
3 - S 30' 46' 13' E. 152.46 feet; -
•
4 . S 47' 56' 08' E, 110.45 feet;
5 - S 64' 54' 59" E, 51.89 feet;
6 - S 33' 41' 24' E, 43.27 feet;
7 - S 65' 27' 44' E, 50.57 feet;
$ - S 1e' Si' 39' E, 58.52 feet; •
9 - M 72' 38' 46' V, 16.76 feet;
10 - M 30' 27' SA' v, 39:45 feet;
11 - S 66' 48' OS' V, $3.31 feet;
12 • $ 37' 5A' 1R' V. 52.01 feet;
13 - S 01' 53' 36' M, 121.07 feet; •
14 - S 19' 17' 24' Y, 63.57 feet;
15 - $ 06' 08' 46' V, 65.38 feet;
' 16 - S 33' 32' 10' E, 103.17 feet;
17 - S 56' OS' 51' E, 52.43 feet;
18 - $ 76' 52' 47' E, 136.57 feeti
•
19 - S 67' 47' 47' E, 62.92 feet;
PAWS S of 12
0CT 21 '94 10:06 3035340514 PH3E.011
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P 0585 MAY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
20 - S 31' 54' 29' E, 62.43 feet; •
21 - 5 12' 12' 02' E, 75.71 feet; .
22 - S 15' 36' 40' 1, 70.60 feet;
23 - S 00' 46' 46' E, 147.01 feet; •
24 - S 40' 38' 56' E, 130.48 feet; •
25 - $ 04' 53' 57' E, 70.26 feet;
• 26 - 5 24' 20' 28' W, 46.10 feet; . •
, 27 - S 13' 34' 14' E, 59.67 fast;
26 - S 35' 26' 24' E. 118.59 feet to a point on the south line of said
Section 4;
29 - $ 35' 24' 24' E, 17.65 feet;
•
30 - 5 49' 59' 37• E, 73.11 feet;
31 - S 83' 07' 06'•E, 58.42 feet;
• - 32 - 5 65. 05' 43' E. 92.61 feet;
33 - S 58' 24' 46' E. 69.35 feet;
34 - S 36' 36' 25' E, 43.60 feet;
. ... 35 - S 24%34'.02',E. 33.48 feet; ./.
36 - 5 40' 21' 52• E, 105.00 feet; •
37 - S 63' 26' 06' E, 36.45 feet to a point on the east line of said
Section 9; • .
36 - S 63' 26' 06' E. 37.34 feet;
•
39 - S 10' 42' 47' E. 112.97 feet;
40 - S 35' 26' 45' E, 144.64 feet;
Pegs 0 of 12
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F 0586 MARY ANN FBUERETEIN CLERK a RECORDER WELD CO, Co
61 - S 52' 45' 55' E, 145.60 feet;
42 • S 07' 46' 30' to 100.46 feet;
43 • S 53' 14' 47' E. 98.00 feet;
44 - S 36' 35' 28' E. 82.20 feet; '
45 - S 28' 18' 03' E, 59.06 feet;
46 - S 52' 31' 26' M, 37.80 feet;
41 - S 30' 03' 16' W, 183.70 feet;
45 • S 04' 58' 11' E, 46.17 feet;
49 - S 25' 58' 28' Y, 86.76 feet;
50 - S 06' 03' :;' to 66.37 feet;
51 - S 25. 51' 59" E. 110.02 feet; •
• 52 - S 07' 28' 51' M. 99.85 feet;
53 - S 31' 16' 29' E. 157.95 feet;
•
54 - S 18' 26' 06" E. 139.14 feet;
55 • S 40' 20' 45' Co 122.02 feet;
56 - S 24' 26' 38' E, 48.33 feet;
044.21'.256-E, 105.30 feet;'
55 - S 29' 30' 41' to 174.35 feet to a point on the east boundary of a
tract of land described in loot 1068, Reception No. 02008615 of the Reid
County Records; Thence along said east boundary by the following 6 courses:.
. 1 - S 37' 11' 26' C, 96.99 feet;
2 - S 52' 03' ii' E. 69.08 feet;
3 - S SE 31' 12' E. 148.65 feet;
4 - S 1F' 11' 37• E, 13n.93 feet;
Page 10 of 12
•
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rip F 0587 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
5 - $ 42' S2' 31' E. 177.69 feet;
6 - S 25' 09' 42' E. 48.21 feet; .
Thence S 25' 09' 43' E. 106.90 feet;
Thence $ 24' 47' 31' Co 180.70 feet;
Thence S 36' 43' 59'.E, 146.03 feet;
Thence S 25' 08' 23' V. 111.15 feet; '
Thence S 02' 01' 55' E. 227.19 feet; •
Thence S 27' 01' 04' E. 93.92 feet;
Thence $ 13' 34' 48' E, 101.31 feet;
Thence S 24' 32' 47' E. 116.37 feet;.
Thence S 06' 37' 27' E. 234.27 feet;
Thence 5 .071. 03! 43" .V. 151,41 feet;
Thence $ 14. 47' 42' V, 113.31 feet;
Thence S 05' 07' 42' V, 157.19 feet;
Thence S 17' 5o' 26' V. 90.47 fest;
Thence S 42' 18' 14' V, 134.52 feet; .
Thence S 19' 19' 41' V. 268.66 feet; •
_'. ` • Thence S 30' 21' 06' V, 184.39 Teet; . -
Thence S 51' 40' 58' V, 105.15 feet;
Thence S 79' 43' 10' V, 714.61 feet;
Thence S 24' 62' 12' V. 224.67 feet;
Thence S 07' 13' 57' E. 10.72 feet to a point on the North Line of said
Section 18; _ •
Thence along said North line of Section 15 N 89' 28' 21' C. 64.09 feet; :
Thence S 00' 41' S3' E, 5264.17 feet to a point on the South Line of said
Section 15;
Page, 11 of 12
nrT 71 'qd 10:RR 7R7S74RS14 PRGE.014
I
( ,
•B 7 929 488 OS/17/94
WELD CO, CO4
P 0 P 0588
thence along said South line of said Section 1S
S89.48.56•W, 356.01 feet to the TRUE POINT OF ',WINNING;
includingthat portion thereof platted as BESSE DRAW FARMS
AND EQUESTRIAN CENTER, !IRS' FILING under Revised Plat and
Dedication recorded April 12, 1181 in look 1192 as
Reception No. 2137453,
together with the rights of Grantor as Purchaset under
Certificate of Purchase No. 8-571 with The State of
Colorado dated May 21, 1984 and recorded July 26, 1984 •
in Book 1038 as Reception No. 01975458, as to Section 16,
Township 3 North, Range 65 West of the Sixth Principal
Meridian, Weld County, Colorado.
•
•
•
*as evidenced by assignment recorded August 16, 1988 in
Book 1205 as Reception No. 02151603 in the records of
Weld County, Colorado
•
•
•• •
•
•
•
Page 12 of 12
•
0CT 21 '94 10:09 3035340514 PRGE.015
January 1994
PETITION FOR INCLUSION OF LANDS IN
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of Weld , State of Colorado,
hereby petition(s) and pray(s) that the lands hereinafter described be included in said
Northern Colorado Water Conservancy District ("District").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
1
REI Limited Liability See Exhibit A Sections 3, 4, 5, 3,442
Company, dba Investors to Sheriff's 8, 9, 10, 15 and
Limited Liability I1'd attached 17, Township 3
Company hereto as Exhibit North, Range 65
I, except for West
that land
described therein
under Certificate
of Purchase No.
S-571 in Section
16, Tbwnship 3
North, Range 65
West (owned by the
State of Colorado)
TOTAL ACRES INCLUDED 3,442
CURRENT ASSESSED VALUATION OF LANDS TO BE INCLUDED $ 18,340
AMOUNT OF INCLUSION FEE ENCLOSED $ 235
IR'PSRM4D&AIL TMENFS
FORMS*400
3. A plat of the above described property is attached hereto as Appendix "C."
4. All the owner(s) of the above described property hereby agree(s) to pay to the District an
amount which is equal to the ad valorem taxes which would have been paid to the District
by the owners of the above described lands if said lands had been included within the
boundaries of the District at the time of its creation. This amount will be calculated in
accordance with the policy of the District, a copy of which is attached as Appendix "B."
5. All the owner(s) of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act, C.RS. § 37-45-101 et. seq., as
amended from time to time, and all rules, regulations, and policies of the District as
amended or changed from time to time.
6. All of the owner(s) of the above described property hereby agree(s) that inclusion of the
above described lands into the District is conditioned on present and future payment of
the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the District at the time of inclusion of the Petitioner(s) lands.
If such payments are not made on such equal basis, the inclusion of the lands can be
.p terminated for non-compliance with this condition if payments are not otherwise made.
7. All the owner(s) of the above described property have executed Appendix"A" attached
hereto.
THIS PETITION INCLUDING APPENDIX"A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
TITLE
(if in relation to
a Partnership or a
5 GNA Corporation) ADDRESS
- Manager Investors Limited Liability
Company
4221 Pbnaco Street
Denver, Colorado 80216
STATE OF COLORADO
�
County ofTP4( c:sCin )
The foregoing instrument was acknowledged before me this ;o day of November
A.D. 19 4, by On(1 u C.' !ULU Ql .q , Manager of
REI Limited Liability Company, a Wyoming limited liability company, doing lousiness
in Wlorarin as Investors Limited Liability Company,
Witness my hand and Seal. My commission expires:ex i,3 h o I Q C-
eal t 1 ..1\A,t."1- 11.�1rje-/M
41
Notary Public
IWVSILWD a AL WIME+fIs
FORMS$400 2
' ` I
STATE OF COLORADO )
n ) ss
J County of )
The foregoing instrument was acknowledged before me this day of
A.D. 19_, by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.B. 19_. by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 19_, by
Witness my hand and Seal. My commission expires:
Notary Public
M'vslwm&AUO HEMS
FORMS..o0 3
•
APPENDIX"A"
Purpose
The purpose of this covenant is-to subject Petitioner's property, described in the petition for
inclusion and court order for inclusion, to the same mill levies and special assessments as
are levied or will be levied on other similarly situated property in the Northern Colorado Water
Conservancy District ("District") at the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X,
§ 20 of the Colorado Constitution before the District can impose the mill levies and special
assessments specified below. Petitioner also waives any right which may exist to a refund
pursuant to article X, § 20 of the Colorado Constitution.
Mill Levies and Special Assessments
Upon inclusion into the District, and as an express condition thereof, Petitioner covenants to
pay the following mill levies and special assessments:
1. Any Class A mill levy or special assessment levied annually by the District and
imposed on other similarly situated property within the District.
2. If Petitioner's property is now or is in the future located within a municipality which
has an existing or future Class B Allotment of water by the District, and if said
municipality defaults on payment of its obligations under any existing or future
Class B allotment contract(s) with the District, Petitioner agrees to pay any special
assessment levied by the Board of Directors of the District for the purpose of
collecting amounts due under the allotment contract(s).
3. Any amount due under any existing or future Class D allotment contract on
Petitioner's property.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and
court order for inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX"A."DATE ADDRESS
�I/5/cV , /% l%t�f Investors Limited Liability
ConParlY
���[[[ 4221 Ivbnaco Street
Denver, Colorado 80216
IWPSI V,RO a ALLOTMENTS
FORMS#400
•
APPENDIX"B"
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-941-02-94
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS, the inclusion of lands into the Northern Colorado Water Conservancy District
(District) makes those lands eligible to receive water from the Colorado-Big Thompson (C-BT)
Project facilities; and
WHEREAS, those lands and allottees of water originally included within the District
commencing in 1938 have contributed to the cost of construction repayment, operation,
maintenance, replacement and administration of the C-BT Project; and
WHEREAS, a fee is necessary to place newly included lands and their eligibility for water from
the C-BT Project facilities on the same basis as those lands originally included within the
District.
NOW, THEREFORE LET IT BE RESOLVED that:
A fee shall be charged in connection with the inclusion of lands into the District for the
purpose of placing such lands on an equal basis as lands originally included within the
District. Such fee shall be collected on behalf of and deposited to the Colorado-Big Thompson
Water Activity Enterprise Fund. This fee shall be calculated as follows:
The sum of the historical (1937 to current year) ad valorem tax revenues received
by the District from Latimer,Weld, and Boulder Counties divided by the current
assessed valuation of the District lying within those same Counties times the
current assessed valuation of the property to be included.
Example:
Revenues From 3 Counties To Date x Current Valuation of
Current Valuations of District Property To Be Included
Within 3 Counties
For Calendar Year 1993
$ 48,388,184 x Current Valuation of Property
$ 3.788,258,060
or 0.0128 x Current Valuation of Property
The ratio determined above will be recomputed annually by the District and will be made
available upon request. It will be the responsibility of the petitioner to furnish the current
assessed valuation of the property involved at the time the petition for inclusion is submitted
to the District.
Satisfactory arrangements for payment of fees must be made with the District before the
inclusion will be approved by the Board of Directors.
RFRSIUND a ALLOTMENTS
FORMS 6400
8.
PUD Construction Schedule
BEEBE DRAW FARMS
and
EQUESTRIAN CENTER
FILING No. 2
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2, Phase 1 - Part 1
Location: Section 4, Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2003
Street Base August 1, 2003
Street Paving September 1, 2003
Curbs, Gutters and Culverts July 1, 2003
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2003
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2003
Fire Hydrants July 1, 2003
Survey& street monuments &boxes December 1, 2003
Street lighting January 1, 2004
Street name signs December 1, 2003
Fencing requirements
Landscaping March 1, 2004
Park improvements (Open Space) March 1, 2004
Telephone December 1, 2003
Gas December 1, 2003
Electric December 1,2003
Water Transfer March 1,2003
Mail Box/School Shelter March 1, 2004
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2, Phase 1 -Part 2
Location: Section 4, Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2004
Street Base August 1, 2004
Street Paving September 1,2004
Curbs, Gutters and Culverts July 1, 2004
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2004
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2004
Fire Hydrants July 1,2004
Survey& street monuments&boxes December 1,2004
Street lighting January 1, 2005
Street name signs December 1, 2004
Fencing requirements
Landscaping March 1. 2005
Park improvements(Open Space) March 1,2005
Telephone December 1, 2004
Gas December 1,2004
Electric December 1, 2004
Water Transfer March 1, 2004
Mail Box/School Shelter
n
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2, Phase 2 -Part 1
Location: Section 9& 10,Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2005
Street Base August 1, 2005
Street Paving September 1, 2005
Curbs, Gutters and Culverts July 1, 2005
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2005
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2005
Fire Hydrants July 1, 2005
Survey & street monuments& boxes December 1, 2005
Street lighting January 1, 2005
Street name signs December 1, 2005
Fencing requirements
Landscaping March 1, 2006
Park improvements(Open Space) March 1, 2006
Telephone December 1,2005
Gas December 1, 2005
Electric December 1, 2005
Water Transfer March 1, 2005
Mail Box/ School Shelter March 1, 2006
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2,Phase 2 -Part 2
Location: Section 9, 10, & 17 Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1,2006
Street Base August 1, 2006
Street Paving September 1, 2006
Curbs, Gutters and Culverts July 1, 2006
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2006
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2006
Fire Hydrants July 1, 2006
Survey&street monuments&boxes December 1, 2006
Street lighting January 1, 2006
Street name signs December 1,2006
Fencing requirements
Landscaping March 1, 2007
Park improvements(Open Space) March 1, 2007
Telephone December 1, 2006
Gas December 1, 2006
Electric December 1,2006
Water Transfer March 1, 2006
Mail Box/School Shelter
Name of Subdivision: Beebe Draw Fanns and Equestrian Center
Filing 2,Phase 3 - Part 1
Location: Section 17, Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2007
Street Base August 1, 2007
Street Paving September 1, 2007
Curbs, Gutters and Culverts July 1, 2007
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2007
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1,2007
Fire Hydrants July 1, 2007
Survey& street monuments & boxes December 1, 2007
Street lighting January 1, 2007
Street name signs December 1, 2007
Fencing requirements
Landscaping March 1, 2008
Park improvements (Open Spacel March 1, 2008
Telephone December 1, 2007
Gas December 1, 2007
Electric December 1, 2007
Water Transfer March 1, 2007
Mail Box/ School Shelter March 1, 2008
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2, Phase 3 -Part 2
Location: Section 17, Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2008
Street Base August 1,2008
Street Paving September 1, 2008
Curbs, Gutters and Culverts July 1, 2008
Sidewalks
Storm sewer facilities
Retention Ponds August 1,2008
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2008
Fire Hydrants July 1,2008
Survey& street monuments &boxes December 1,2008
Street lighting January 1, 2008
Street name signs December 1, 2008
Fencing requirements
Landscaping March 1, 2009
Park improvements (Open Space) March 1, 2009
Telephone December 1, 2008
Gas December 1,2008
Electric December 1, 2008
Water Transfer March 1, 2008
Mail Box/ School Shelter
r-41,
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2, Phase 4 -Part 1
Location: Section 4 & 5, Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2009
Street Base August 1, 2009
Street Paving September 1, 2009
Curbs, Gutters and Culverts July 1, 2009
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2009
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2009
Fire Hydrants July 1, 2009
Survey & street monuments &boxes December 1, 2009
Street lighting January 1,2009
Street name signs December 1, 2009
Fencing requirements
Landscaping March 1, 2010
Park improvements (Open Space) March 1, 2010
Telephone December 1, 2009
Gas December 1, 2009
Electric December 1, 2009
Water Transfer March 1, 2009
Mail Box/School Shelter March 1, 2010
Name of Subdivision: Beebe Draw Farms and Equestrian Center
Filing 2,Phase 4 -Part 2
Location: Section 4& 5, Township 3 North, Range 65 West
Construction of Improvements listed shall be completed as follows:
Improvements Time for Completion
Site Grading May 1, 2010
Street Base August 1, 2010
Street Paving September 1, 2010
Curbs, Gutters and Culverts July 1, 2010
Sidewalks
Storm sewer facilities
Retention Ponds August 1, 2010
Ditch Improvements
Subsurface Improvements
Sanitary Sewer
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains June 1, 2010
Fire Hydrants July 1,2010
Survey& street monuments & boxes December 1, 2010
Street lighting January 1, 2010
Street name signs December 1, 2010
Fencing requirements
Landscaping March 1, 2011
Park improvements (Open Space) March 1, 2011
Telephone December 1, 2010
Gas December 1, 2010
Electric December 1, 2010
Water Transfer March 1, 2010
Mail Box / School Shelter
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July 31, 2002
PELICAN LAKE RANCH -FILING 2-PHASE I
OPINION OF PROBABLE COST
PHASE I -WATER
1 Water Mains 23,900 L.F. $ 20.00 $ 478,000.00
2 Fire Hydrant Assembly 19 EA. $ 2,700.00 $ 51,300.00
3 Blow-off Assembly 7 EA. $ 2,500.00 $ 17,500.00
4 Gate Valves 36 EA. $ 1,000.00 $ 36,000.00
5 Services 76 EA. $ 450.00 $ 34,200.00
6 Fittings 20 EA. $ 600.00 $ 12,000.00
SUBTOTAL-WATER $ 629,000.00
PHASE I -STREETS
1 Grading 150,000 C.Y. $ 2.40 $ 360,000.00
2 Base Course 20,000 TON $ 13.00 $ 260,000.00
3 Asphalt 2Q,000 TON $ 36.00 $ 720,000.00
4 Drainage Detention/Swales 50,000 C.Y. $ 2.40 $ 120,000.00
5 Culverts 2,000 L.F. $ 60.00 $ 120,000.00
6 Signage 40 EA. $ 400.00 $ 16,000.00
SUBTOTAL-STREETS $ 1,596,000.00
PHASE I -LANDSCAPE
1 Trees and Plants 1 L.S. $35,000.00 $ 35,000.00
2 Irrigation system 1 L.S. $15,000.00 $ 15,000.00
3 Water Taps(Not including Water) 1 L.S. $10,000.00 $ 10,000.00
SUBTOTAL-LANDSCAPE $ 60,000.00
MAIL BOX/SCHOOL SHELTER 1 L.S. $35,000.00 $ 35,000.00
POWER $ 250,000.00
GAS $ 220,000.00
TELEPHONE $ 220,000.00
SUBTOTAL $3,010,000.00
20%CONTINGENCY $ 602,000.00
ESTIMATED TOTAL $3,612,000.00
July 31, 2002
PELICAN LAKE RANCH -FILING 2-PHASE II
OPINION OF PROBABLE COST
PHASE II-WATER
1 Water Mains 36,000 L.F. $ 20.00 $ 720,000.00
2 Fire Hydrant Assembly 18 EA. $ 2,700.00 $ 48,600.00
3 Blow-off Assembly 7 EA. $ 2,500.00 $ 17,500.00
4 Gate Valves 13 EA. $ 1,000.00 $ 13,000.00
5 Services 106 EA. $ 450.00 $ 47,700.00
6 Fittings 30 EA. $ 600.00 $ 18,000.00
SUBTOTAL-WATER $ 864,800.00
PHASE II -STREETS(ON-SITE)
1 Grading 100,000 C.Y. $ 2.40 $ 240,000.00
2 Base Course 17,000 TON $ 13.00 $ 221,000.00
3 Asphalt 19,000 TON $ 36.00 $ 684,000.00
4 Drainage Detention/Swales 40,000 C.Y. $ 2.40 $ 96,000.00
5 Culverts 1,000 L.F. $ 40.00 $ 60,000.00
6 Signage 30 EA. $ 400.00 $ 12.000.00
SUBTOTAL-STREETS(ON-SITE) $ 1,313,000.00
OFF-SITE STREET(W.C.R.38) $ 550,000.00
MAIL BOX I SCHOOL SHELTER $ 35,000.00
POWER $ 140,000.00
GAS $ 100,000.00
TELEPHONE $ 100,000.00
SUBTOTAL $3,102,800.00
20%CONTINGENCY $ 620,560.00
ESTIMATED TOTAL $3,723,360.00
July 31, 2002
PELICAN LAKE RANCH-FILING 2 -PHASE III
OPINION OF PROBABLE COST
PHASE III -WATER
1 Water Mains 28,100 L.F. $ 18.00 $ 505,800.00
2 Fire Hydrant Assembly 22 EA. $ 2,700.00 $ 59,400.00
3 Blow-off Assembly 5 EA. $ 2,500.00 $ 12,500.00
4 Gate Valves 15 EA. $ 1,000.00 $ 15,000.00
5 Services 108 EA. $ 450.00 $ 48,600.00
6 Fittings 30 EA. $ 600.00 $ 18.000.00
SUBTOTAL-WATER $ 659,300.00
PHASE III -STREETS
1 Grading 125,000 C.Y. $ 2.40 $ 300,000.00
2 Base Course 20,000 TON $ 13.00 $ 260,000.00
3 Asphalt 20,000 TON $ 36.00 $ 720,000.00
4 Drainage Detention/Swales 50,000 C.Y. $ 2.40 $ 120,000.00
5 Culverts 2,000 L.F. $ 60.00 $ 120,000.00
6 Signage 40 EA. $ 400.00 $ 16,000.00
SUBTOTAL-STREETS $ 1,536,000.00
PHASE III -LANDSCAPE
1 Trees and Plants 1 L.S. $ 10,000.00 $ 10,000.00
2 Irrigation System 1 L.S. $10,000.00 $ 10,000.00
rip 3 Water Tap(Not Including Water) 1 L.S. $ 5,000.00 $ 5,000.00
SUBTOTAL-LANDSCAPE $ 25,000.00
MAIL BOX/SCHOOL SHELTER 1 L.S. $35,000.00 $ 35,000.00
POWER $ 150,000.00
GAS $ 100,000.00
TELEPHONE $ 100.000.00
SUBTOTAL $2,605,300.00
20%CONTINGENCY $ 521,060.00
ESTIMATED TOTAL $3,126,360.00
July 31, 2002
PELICAN LAKE RANCH-FILING 2-PHASE IV
OPINION OF PROBABLE COST
PHASE IV-WATER
1 Water Mains 25,000 L.F. $ 18.00 $ 450,000.00
2 Fire Hydrant Assembly 26 EA. $ 2,700.00 $ 70,200.00
3 Blow-off Assembly 7 EA. $ 2,500.00 $ 17,500.00
4 Gate Valves 13 EA. $ 1,000.00 $ 13,000.00
5 Services 115 EA. $ 450.00 $ 51,750.00
6 Fittings 30 EA. $ 600.00 $ 18.000,00
SUBTOTAL-WATER $ 620,450.00
PHASEIV-STREETS
1 Grading 100,000 C.Y. $ 2.40 $ 240,000.00
2 Base Course 20,000 TON $ 13.00 $ 260,000.00
3 Asphalt 20,000 TON $ 36.00 $ 720,000.00
4 Drainage Detention I Swales 30,000 C.Y. $ 2.40 $ 72,000.00
5 Culverts 1,500 L.F. $ 45.00 $ 67,500.00
6 Signage 40 EA. $ 400.00 $ 16.000.00
SUBTOTAL-STREETS $1,375,500.00
PHASE IV- LANDSCAPE
1 Trees and Plants 1 L.S. $15,000.00 $ 15,000.00
ril2 Irrigation System 1 L.S. $15,000.00 $ 15,000.00
3 Water Taps(Not Including Water) 1 L.S. $10,000.00 $ 10,000.00
SUBTOTAL-LANDSCAPE $ 40,000.00
MAIL BOX/SCHOOL SHELTER 1 L.S. $35,000.00 $ 35,000.00
POWER $ 150,000.00
GAS $ 100,000.00
TELEPHONE $ 100.000.00
SUBTOTAL $2,420,950.00
20%CONTINGENCY $ 484,190.00
ESTIMATED TOTAL $2,905,140.00
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METHOD OF FINANCING FOR THE DEVELOPMENT
The costs of financing Filing No. 2 will be spread over approximately eight years, as
development will take place in phases. The Beebe Draw Farms Metropolitan Districts,
("Districts") were organized to provide services and facilities, including water, streets,
drainage, safety protection, parks and recreation, television transmission and relay,
transportation, and mosquito control.
The District has begun implementing the financing plan for the public facilities by
issuing its General Obligation Bonds in the principal amount of$2,000,000. To date,
the entrance landscaping and Gatehouse, Beebe Draw Farms Parkway, water
transmission and distribution mains, roads in developed phases of Filing No. 1, drainage
and water improvements, Marina and dock system, and a Community Center Building
have been built at a cost of over $5,000,000 in anticipation of 800 lots being approved
and developed. The balance of costs were paid for by the Developer in accordance with a
Developer Fee and Water Tap Fee Agreement ("Developer Fee Agreement") and from
water connection fees and tax revenues, and other available revenue of the District.
District No. 1 functions as a taxing district raising revenue to pay operation, capital, and
debt service expenses of the Districts.
The approved Service Plan demonstrates that the Districts will be capable of providing
economical and sufficient services to the property. The County will have no
responsibility for any debt of the Districts. Additionally, the County can be assured that
there are legal and financial controls on District indebtedness, which operate to limit the
taxes that property owners within the Development will be expected to pay.
Currently the Districts are financially healthy and capable of providing the services it is
required to do for the property included in the District. Future tax revenues and
development fees will be adequate to build out the entire development in phases. The
Consolidated Service Plan for the Districts have been provided with this application.
METHOD OF FINANCING FOR THE DEVELOPMENT
The costs of financing Filing No. 2 will be spread over approximately eight years, as
development will take place in phases. The Beebe Draw Farms Metropolitan Districts,
("Districts") were organized to provide services and facilities, including water, streets,
drainage, safety protection, parks and recreation, television transmission and relay,
transportation, and mosquito control.
The District has begun implementing the financing plan for the public facilities by
issuing its General Obligation Bonds in the principal amount of$2,000,000. To date,
the entrance landscaping and Gatehouse, Beebe Draw Farms Parkway, water
transmission and distribution mains, roads in developed phases of Filing No. 1, drainage
and water improvements, Marina and dock system, and a Community Center Building
have been built at a cost of over$5,000,000 in anticipation of 800 lots being approved
and developed. The balance of costs were paid for by the Developer in accordance with a
Developer Fee and Water Tap Fee Agreement ("Developer Fee Agreement") and from
water connection fees and tax revenues, and other available revenue of the District.
District No. 1 functions as a taxing district raising revenue to pay operation, capital, and
debt service expenses of the Districts.
The approved Service Plan demonstrates that the Districts will be capable of providing
economical and sufficient services to the property. The County will have no
responsibility for any debt of the Districts. Additionally, the County can be assured that
there are legal and financial controls on District indebtedness, which operate to limit the
taxes that property owners within the Development will be expected to pay.
Currently the Districts are financially healthy and capable of providing the services it is
required to do for the property included in the District. Future tax revenues and
development fees will be adequate to build out the entire development in phases. The
Consolidated Service Plan for the Districts have been provided with this application.
August 28, 2002
PELICAN LAKE RANCH -FILING 2 - PHASE I -PART 1 (38 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 11,950 L.F. $ 14.00 $ 167,300.00
2 Fire Hydrant Assembly 10 EA. $ 2,700.00 $ 27,000.00
3 Gate Valves 18 EA. $ 1,000.00 $ 18,000.00
4 Fittings 10 EA. $ 450.00 $ 4,500.00
5 Thrust Block 20 EA. $ 175.00 $ 3.500.00
SUBTOTAL-WATER $ 220,300.00
STREETS
1 Grading 35,000 C.Y. $ 3.50 $ 122,500.00
2 Base Course 10,000 TON $ 13.00 $ 130,000.00
3 Asphalt 10,000 TON $ 36.00 $ 360,000.00
4 Signage 20 EA. $ 400.00 $ 8.000.00
SUBTOTAL-STREETS $ 620,500.00
DRAINAGE
1 Drainage Retention/Swales 25,000 C.Y. $ 2.40 $ 60,000.00
2 Culverts 600 L.F. $ 45.00 $ 27,000.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL-DRAINAGE $ 88,750.00
MISCELLANEOUS
1 Landscape 1 L.S. $30,000.00 $ 30,000.00
2 Power 1 L.S. $75,000.00 $ 75,000.00
3 Gas 1 L.S. $15,200.00 $ 15,200.00
4 Telephone 1 L.S. $ 7,600.00 $ 7,600.00
$ 127,800.00
SUBTOTAL $1,057,350.00
Engineering/Supervision (Including Testing and Record Dwgs.) $ 57,700.00
10%Contingency $ 105,735.00
ESTIMATED TOTAL $1,220,785.00
August 28, 2002
PELICAN LAKE RANCH -FILING 2-PHASE I -PART 2 (38 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 11,950 L.F. $ 14.00 $ 167,300.00
2 Fire Hydrant Assembly 10 EA. $ 2,700.00 $ 27,000.00
3 Gate Valves 18 EA. $ 1,000.00 $ 18,000.00
4 Fittings 10 EA. $ 450.00 $ 4,500.00
5 Thrust Block 20 EA. $ 175.00 $ 3,500.00
SUBTOTAL-WATER $ 220,300.00
STREETS
1 Grading 35,000 C.Y. $ 3.50 $ 122,500.00
2 Base Course 10,000 TON $ 13.00 $ 130,000.00
3 Asphalt 10,000 TON $ 36.00 $ 360,000.00
4 Signage 20 EA. $ 400.00 $ 8.000.00
SUBTOTAL-STREETS $ 620,500.00
DRAINAGE
1 Drainage Retention/Swales 25,000 C.Y. $ 2.40 $ 60,000.00
2 Culverts 600 L.F. $ 45.00 $ 27,000.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL-DRAINAGE $ 88,750.00
MISCELLANEOUS
1 Landscape 1 L.S. $30,000.00 $ 30,000.00
2 Power 1 L.S. $75,000.00 $ 75,000.00
3 Gas 1 L.S. $15,200.00 $ 15,200.00
4 Telephone 1 L.S. $ 7,600.00 $ 7,600.00
$ 127,800.00
SUBTOTAL $1,057,350.00
Engineering/Supervision (Including Testing and record Dwgs.) $ 57,700.00
10%Contingency $ 105,735.00
ESTIMATED TOTAL $1,220,785.00
August 28, 2002
PELICAN LAKE RANCH -FILING 2 -PHASE II -PART 1(53 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 22,000 L.F. $ 20.00 $ 440,000.00
2 Fire Hydrant Assembly 9 EA. $ 2,700.00 $ 24,300.00
3 Gate Valves 7 EA. $ 1,000.00 $ 7,000.00
4 Fittings 15 EA. $ 450.00 $ 6,750.00
5 Thrust Block 33 EA. $ 175.00 $ 5,775.00
SUBTOTAL-WATER $ 483,825.00
STREETS (ON-SITE)
1 Grading 35,000 C.Y. $ 3.50 $ 122,500.00
2 Base Course 8,500 TON $ 13.00 $ 110,500.00
3 Asphalt 9,500 TON $ 36.00 $ 342,000.00
4 Signage 30 EA. $ 400.00 $ 12,000.00
SUBTOTAL-STREET(ON-SITE) $ 587,000.00
DRAINAGE
1 Drainage Detention/Swales 20,000 C.Y. $ 2.40 $ 48,000.00
2 Culverts 440 L.F. $ 45.00 $ 19,800.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL-DRAINAGE $ 69,550.00
MISCELLANEOUS
1 Off-site Street(W.C.R.38) 1 L.S. $350,000.00 $ 350,000.00
2 Landscape 1 L.S. $ 30,000.00 $ 30,000.00
3 Power 1 L.S. $ 50,000.00 $ 50,000.00
4 Gas 1 L.S. $ 21,200.00 $ 21,200.00
5 Telephone 1 L.S. $ 10,600.00 $ 10,600.00
SUBTOTAL-MISCELLANEOUS $ 461,800.00
SUBTOTAL $1,602,175.00
Engineering I Supervision(Including Testing and Record Dwgs.) $ 80,100.00
10%CONTINGENCY $ 160,217.50
ESTIMATED TOTAL $1,842,492.50
August 28, 2002
PELICAN LAKE RANCH -FILING 2 - PHASE II -PART 2(53 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 14,000 L.F. $ 14.00 $ 196,000.00
2 Fire Hydrant Assembly 10 EA. $ 2,700.00 $ 27,000.00
3 Gate Valves 6 EA. $ 1,000.00 $ 6,000.00
4 Fittings 15 EA. $ 450.00 $ 6,750.00
5 Thrust Block 33 EA. $ 175.00 $ 5,775.00
SUBTOTAL-WATER $ 241,525.00
STREETS
1 Grading 35,000 C.Y. $ 3.50 $ 122,500.00
2 Base Course 8,500 TON $ 13.00 $ 110,500.00
3 Asphalt 9,500 TON $ 36.00 $ 342,000.00
4 Signage 15 EA. $ 400.00 $ 6,000.00
SUBTOTAL-STREET $ 581,000.00
DRAINAGE
1 Drainage Detention/Swales 20,000 C.Y. $ 2.40 $ 48,000.00
2 Culverts 440 L.F. $ 45.00 $ 19,800.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL-DRAINAGE $ 69,550.00
MISCELLANEOUS
1 Landscape 1 L.S. $ 30,000.00 $ 30,000.00
2 Power 1 L.S. $ 50,000.00 $ 50,000.00
3 Gas 1 L.S. $ 21,200.00 $ 21,200.00
4 Telephone 1 L.S. $ 7,600.00 $ 7,600.00
SUBTOTAL-MISCELLANEOUS $ 108,800.00
SUBTOTAL $1,000,875.00
Engineering/Supervision (Including Testing and Record Dwgs.) $ 50,000.00
10%CONTINGENCY $ 100,087.50
ESTIMATED TOTAL $1,150,962.50
August 28, 2002
PELICAN LAKE RANCH -FILING 2 - PHASE III - PART 1 (54 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 14,000 L.F. $ 12.00 $ 168,000.00
2 Fire Hydrant Assembly 11 EA. $ 2,700.00 $ 29,700.00
3 Gate Valves 15 EA. $ 1,000.00 $ 15,000.00
4 Fittings 15 EA. $ 600.00 $ 18,000.00
5 Thrust Blocks 30 EA. $ 175.00 $ 5.250.00
SUBTOTAL-WATER $ 235,950.00
STREETS
1 Grading 35,000 C.Y. $ 2.40 $ 84,000.00
2 Base Course 10,000 TON $ 13.00 $ 130,000.00
3 Asphalt 10,000 TON $ 36.00 $ 360,000.00
4 Signage 20 EA. $ 400.00 $ 8,000.00
SUBTOTAL-STREET $ 582,000.00
DRAINAGE
1 Drainage Detention/Swales 50,000 C.Y. $ 2.40 $ 120,000.00
2 Culverts 600 L.F. $ 45.00 $ 27,000.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL- DRAINAGE $ 148,750.00
MISCELLANEOUS
1 Landscape 1 L.S. $ 5,000.00 $ 5,000.00
2 Power 1 L.S. $50,000.00 $ 50,000.00
3 Gas 1 L.S. $21,600.00 $ 21,600.00
4 Telephone 1 L.S. $10,800.00 $ 10,800.00
SUBTOTAL-MISCELLANEOUS $ 87,400.00
SUBTOTAL $1,054,100.00
Engineering/Supervision(Including Testing and Record Dwgs.) $ 52,700.00
10%contingency $ 105,410.00
ESTIMATED TOTAL $1,212,210.00
r
August 28, 2002
PELICAN LAKE RANCH -FILING 2 - PHASE III -PART 2 (54 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 14,000 L.F. $ 12.00 $ 168,000.00
2 Fire Hydrant Assembly 11 EA. $ 2,700.00 $ 29,700.00
3 Gate Valves 15 EA. $ 1,000.00 $ 15,000.00
4 Fittings 15 EA. $ 600.00 $ 18,000.00
5 Thrust Blocks 30 EA. $ 175.00 $ 5,250.00
SUBTOTAL-WATER $ 235,950.00
STREETS
1 Grading 35,000 C.Y. $ 2.40 $ 84,000.00
2 Base Course 10,000 TON $ 13.00 $ 130,000.00
3 Asphalt 10,000 TON $ 36.00 $ 360,000.00
4 Signage 20 EA. $ 400.00 $ 8,000.00
SUBTOTAL-STREET $ 582,000.00
DRAINAGE
1 Drainage Detention/Swales 50,000 C.Y. $ 2.40 $ 120,000.00
2 Culverts 600 L.F. $ 45.00 $ 27,000.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL- DRAINAGE $ 148,750.00
MISCELLANEOUS
1 Landscape 1 L.S. $ 5,000.00 $ 5,000.00
2 Power 1 L.S. $50,000.00 $ 50,000.00
3 Gas 1 L.S. $21,600.00 $ 21,600.00
4 Telephone 1 L.S. $10,800.00 $ 10,800.00
SUBTOTAL-MISCELLANEOUS $ 87,400.00
SUBTOTAL $1,054,100.00
Engineering/Supervision (Including Testing and Record Dwgs.) $ 52,700.00
10%contingency $ 105,410.00
ESTIMATED TOTAL $1,212,210.00
August 28, 2002
PELICAN LAKE RANCH -FILING 2-PHASE 4-PART 1(58 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 12,500 L.F. $ 12.00 $ 150,000.00
2 Fire Hydrant Assembly 13 EA. $ 2,700.00 $ 35,100.00
3 Gate Valves 6 EA. $ 1,000.00 $ 13,000.00
4 Fittings 15 EA. $ 600.00 $ 18,000.00
5 Thrust Block 35 EA. $ 175.00 $ 6,125.00
SUBTOTAL-WATER $ 222,225.00
STREETS
1 Grading 35,000 C.Y. $ 2.40 $ 84,000.00
2 Base Course 10,000 TON $ 13.00 $ 130,000.00
3 Asphalt 10,000 TON $ 36.00 $ 360,000.00
4 Signage 20 EA. $ 400.00 $ 8,000.00
SUBTOTAL-STREET $ 582,000.00
DRAINAGE
1 Drainage Detention/Swales 15,000 C.Y. $ 2.40 $ 36,000.00
2 Culverts 500 L.F. $ 45.00 $ 22,500.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
.-. SUBTOTAL- DRAINAGE $ 60,250.00
MISCELLANEOUS
1 Landscape 1 L.S. $ 7,500.00 $ 7,500.00
2 Power 1 L.S. $50,000.00 $ 50,000.00
3 Gas 1 L.S. $23,200.00 $ 23,200.00
4 Telephone 1 L.S. $11,600.00 $ 11,600.00
SUBTOTAL-MISCELLANEOUS $ 92,300.00
SUBTOTAL $ 956,775.00
Engineering/Supervision (Including Testing and Record Dwgs.) $ 47,850.00
10%Contingency $ 95,677.50
ESTIMATED TOTAL $1,100,302.50
August 28, 2002
PELICAN LAKE RANCH -FILING 2 -PHASE 4-PART 2(57 LOTS)
OPINION OF PROBABLE COST
WATER
1 Water Mains 12,500 L.F. $ 12.00 $ 150,000.00
2 Fire Hydrant Assembly 13 EA. $ 2,700.00 $ 35,100.00
3 Gate Valves 6 EA. $ 1,000.00 $ 13,000.00
4 Fittings 15 EA. $ 600.00 $ 18,000.00
5 Thrust Block 35 EA. $ 175.00 $ 6,125.00
SUBTOTAL-WATER $ 222,225.00
STREETS
1 Grading 35,000 C.Y. $ 2.40 $ 84,000.00
2 Base Course 10,000 TON $ 13.00 $ 130,000.00
3 Asphalt 10,000 TON $ 36.00 $ 360,000.00
4 Signage 20 EA. $ 400.00 $ 8.000.00
SUBTOTAL-STREET $ 582,000.00
DRAINAGE
1 Drainage Detention/Swales 15,000 C.Y. $ 2.40 $ 36,000.00
2 Culverts 500 L.F. $ 45.00 $ 22,500.00
3 Riprap 50 Ton $ 35.00 $ 1,750.00
SUBTOTAL- DRAINAGE $ 60,250.00
MISCELLANEOUS
1 Landscape 1 L.S. $ 7,500.00 $ 7,500.00
2 Power 1 L.S. $50,000.00 $ 50,000.00
3 Gas 1 L.S. $22,800.00 $ 22,800.00
4 Telephone 1 L.S. $11,400.00 $ 11,400.00
SUBTOTAL-MISCELLANEOUS $ 91,700.00
SUBTOTAL $ 956,175.00
Engineering/Supervision (Including Testing and Record Dwgs.) $ 47,800.00
10%Contingency $ 95,617.50
ESTIMATED TOTAL $1,099,592.50
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16. STATEMENT INDICATING THAT THE PROPOSED PUD Final Plan is in
Compliance and meets all criteria as set forth in the Change of Zone.
All of the submitted materials are in compliance with the application requirements and
Section 28 of the Weld County Zoning Ordinance. The request is in conformance with
Section 28.13 of the Weld County Zoning Ordinance, as follows:
a. The proposed Planned Unit Development Final Plan is consistent with the
Weld County Comprehensive Plan and is compatible with the future
development as permitted by existing PUI)Districts and plans of affected
municipalities. The property received a Change of Zone approval on
December 21, 1983 (Case Z-412) (Amended Case Z-412, 1989). The
Change of Zone applications were for PUD residential lots and equestrian
recreational activities.
b. The Planned Unit Development Plan(PUD) conforms to the approved
PUD District. The approved PUD plan called for residential and
recreational activities to be located on this site. The applicant has
provided for the uses as defined in the Change of Zone applications.
c. The uses shall be compatible with the existing and future development of
the surrounding area as permitted by the existing zoning, and with the
future development projected by the Comprehensive Plan, or Master Plan
of affected municipalities. The property is not located within a
municipality's urban growth boundary nor is it affected by a municipal
comprehensive plan. The Weld County Zoning Ordinance recognizes the
right to proceed with a Final Plat as long as the plat has been diligently
pursued from the date of original zoning approval. As such,we have
shown diligence in pursuit of this final plat, including having to undergo a
Substantial Change approval to continue processing this final plat in 2001.
d. The proposed Planned Unit Development PUD Final Plat conforms with
the performance standards in Section 35.3 of the Weld County Zoning
Ordinance. The amenities on the site will be provided and funded by the
Beebe Draw Farms Metropolitan District. The service plan has been
reviewed by Weld County and has been filed with the Weld County
District Court and is included for review with this application.
e. The proposed Planned Unit Development Final Plat will be in compliance
with the Weld County Zoning Ordinance, Section 50, pertaining to overlay
districts. The site is not influenced by an overlay district, nor does the site
lie within an urban growth boundary area.
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