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Home My WebLink About20033432.tiff 470 A VACATION OF urrILITy EASEMENTS AMPF59I , AMPF - 614 1iiilklillii 1,111,19totilillikinlimulmAkiecio!ler Count, co 1 Oi 1 R 11.00 0 0.00 Steve Morena Clerk & Recorder D CCOHT NE D , , BLOCK D IGTO 1 D 1B3LOCK 5 CT' TIRE ceRREcTIE D pilAiT TETA 1E:LOCK, 9 D 10TO 3 AND 4' 37 BIOCK 5 CT' FTHE CORRECUED PILAU T0T'A CO ERCUIL ICE TER IF1111111.C _ & ._ -3 A PART OF THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6THP.M. , CERTIFICATE OF DEDICATION, OWNERSHIP, AND MAINTENANCE WELD COUNTY, COLORADO KNOW ALL MEN BY THOSE PRESENTS THAT HORIZON INVESTMENTS, LLC AND HORIZON INVESTMENTS, PHASE II, LLC BEING THE OWNER (S) , MORTGAGEE OR LIENHOLDER OF CERTAIN LANDS IN WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOT 1 OF BLOCK 4; AND LOT 1 AND LOT 2 OF BLOCK 5 OF THE CORRECTED PLAT, VISTA COMMERCIAL CENTER, v�AooCt� VIVA FILING I AS RECORDED 08/28/1997, RECEPTION NUMBER 2566006; LOT 2 OF BLOCK 4; AND LOT 3 AND LOT 4 OF C✓ NIER.FVi1GU Y �•� ' JANUARY 20 4 BLOCK 5 OF THE CORRECTED PLAT, VISTA COMMERCIAL CENTER, FILING II AS RECORDED 11/01/2000, RECEPTION NUMBER 2803997 DO HEREBY VACATE THE THIRTY-FOOT (30 ' ) WIDE EASEMENT BETWEEN LOTS 1 AND 2 OF BLOCK 4, LOTS 1, 2, COLORADO STATE HIGHWAY 119 AND LOTS 3, 4 OF BLOCK 5 OF SAID FILINGS. ALL OTHER EASEMENTS REMAIN INTACT ACCORDING TO PLATS FILED WITH THE WELD COUNTY RECORDERS OFFICE. RIGHTS-OF-WAY AND EASEMENTS FOR PURPOSES SHOWN HEREON. - OWNER/DEVELOPER ENGINEER/SURVEYOR EXECUTED THIS E . DAY OF A . D . , 20 . HORIZON INVESTMENTS, LLC PICKETT ENGINEERING, INC . 15EXISDRAITINGNAGE AND OUTLOT N I OUTLOT K �- HORIZON INVESTMENTS, PHASE II, LLC BOB BTH STREET UTILITY EASEMENT I --- I 520 MAIN STREET, SUITE A GREELEY, COLORADO 80631 LONGMONT, CO 80501 PHONE: 970-356-6362 MANAGER FOR HORIZON INVESTMENTS, LLC PHONE: 303-772-3200 FAX: 970-356-6486 T —EXISTING a FAX: 303-651-1320 20' EXCLUSIVE EXISTING a DRAINAGE EASEMENT 15' EASEMENT PRINTED NAME N O TO BE VACATED oIal BY THIS FLAT o 3 2 1 "I MANAGER FOR HORIZON INVESTMENTS, PHASE II, LLC EXISTING 36.00' p o 15' EASEMENT _i VICINITY MAPTO BE VACATED ---Alo NOT TO SCALE EXISTING BY THIS PLAT 15' DRAINAGE AND I PRINTED NAME UTILIY EASEEN ' ' ,._ TERN ' '-'-- �� _ , I • ^-'ji - _ 1I--------- - ---------- 1 // � '� s` -GLi+ s ' f �� STATE OF COLORADO ��** S�- I f; - ~` 1 , fr., -:" COUNTY OF WELD ) ` L7u �gVIE/D�E ',, ti t _ THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAYOF ,.,; . _. 20 J � : MY COMMISSION EXPIRES -,.. ,,T ‘ WITNESS MY HAND AND SEAL . ,. k%.-- ice. - � __ 15' DRAINAGE AND I . r l 1 i M f y. t, . - I�� _.� „` i n, _�. \``, `;� ! xzsTING ► ;\ t ' �a '+` c' ! NOTARY PURL iLEYM.IiIIBERO ° UTILITY EASEMENT O `; ■�� + ` � r q°, 5 410.../ 9'. 4 ' I l4l li iiw2- - `} �W �.� .-,--;1 30.00 ;• -... .; �; d...„.- , z r Ar Xl: ^ ` y -�,:' , , � . . � ' r} F SURVEYOR'S STATEMENT EXISTING 1 r ! "/�� "/' � p .-.;'4-...'(',11-‘4C4'\. %L � J (1�\^\\�`/{ 15' EASEMENT YY 4� '‘ D. " - •,Y � f\sTh'I)' - 4 '` �' ` 6 , I, ARTHUR F. UHRICH, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY V *EXISTING ` r` �"_ti _.' : �A1y._� ' 7i I li{{ !4 tt r" -. 7'J�, . ... • - -2� TO BE VACATED ,, N._,,;,•:7- - F . 11 A : BY THIS PLAT v f�r .l' `)' ` .' t�-:�:` Li �~� .- �_ CERTIFY THAT THIS PLAT WAS MADE UNDER MY PERSONAL SUPERVISION. lI FURTHER CERTIFY THAT THE SURVEY 15' EASEMENT a .-:- 0-:•- , :��. �. w• ( ��` AND THIS PLAT COMPLY WITH ALL APPLICABLE RULES, REGULATIONS AWS OF THE STATE OF COLORADO, STATE TO BE VACATED .. _w ., - ',, I Y:.- ` `t .Y y, •� :ti ,• _.,(-1-,z,: s ' ' • ` I BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROF = �d;1. eND SURVEYORS, AND WELD COUNTY . $'C ' BY THIS PLAT CV 's ,; ,, : a �li,� r m .�,_� ` tee ° �'�, +� ��, �? �� r! i ,� ` • +r� '� � ' e� a `=-i ` - �� I `\ tip . �! f,T -! E r,' a' '`ii_ I_ �� I REGISTERED LAND SURVEYOR DATE • • ;` i`: Cr,�f ,: �;: COLORADO REGISTRATION NUMBER 7239 a'r 7 3 :1- 01, $), C1 n z < P1' I 4 ____j_.__ ., ,_,...346,,__._, ' : 4 i 1--'-'-' 6 3 :,ae- d •�• �. r ' sF ; .�� II �,,� �O_r II ii i, "� / 4. �' BOARD OF COUNTY COMMISSIONERS CERTIFICATE EXISTING �' 15' DRAINAGE AND UTILITY EASEMENT \ THIS PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO. 1- -� APPROVAL OF THIS PLAT DOES NOT CONSTITUTE ACCEPTANCE OF THE ROADS AND RIGHTS-OF-WAY FOR MAINTENANCE BY WELD COUNTY . b _ — — _ _ WITNESS MY HAND AND THE CORPORATE SEAL OF WELD COUNTY THIS o. DAY OF 8 - A. D. - - SKYWAY DRIVE 20 ` ,�.. uN, IA\ --41/4.-----------EXISTING 1 F CHAIR, B ARO OF COUNTY COMMISSIONER 2 15' DRAINAGE AND I I OUTLOT I 1 UTILITY EASEMENT I I LEGEND SYMBOL 1 I ATTEST: e/ig4414,\._ Cl :u BOUNDARY i BLOCK NUMBER I� -� / �z RIGHT OF WAY 1 LOT NUMBER WELD COUNTY CLERK TO THE BOARDFT ��► PROPERTY LINE BY: LE _ e. _Q �r v _ EPUT RK TO THE E0 DATE CENTERLINE L -- --- --- EASEMENT T-) a) z HATCHING INDICATES AREA \ w OF EASEMENT TO BE VACATED BASIS OF BEARING i BASIS ,_ CONSIDERED PART OF THE COMMON BOUNDARY LINE OF VISTA COMMERCIAL CENTER FILING I J AND FILING II, COUNTY OF WELD, COLORADO AS RECORDED 11/01/2000, RECEPTION PLAT NOTES NUMBER 2803997- TO BEAR NOO 33 ' 54"E A DISTANCE OF 326. 98 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO . U ci 1 . LOT OWNERS SHOULD BE INFORMED THAT THE CITY OF LONGMONT HAS AN EXISTING COMPOSTING ui GRAPHIC SCALE 1 "-100 ' FACILITY EAST OF VISTA COMMERCIAL CENTER. THE FACILITY OCCASIONALLY EMITS ODORS THAT cr ARE WITHIN STATE AND COUNTY GUIDELINES, BUT THAT MAY NEVERTHELESS BE FOUND OFFENSIVE. u - 2. LOT OWNERS SHOULD BE INFORMED THAT THE CITY OF LONGMONT OWENS A LANDFILL DIRECTLY -' 0 100 200 300 SOUTH OF VISTA COMMERCIAL CENTER. a) 3. THIS REPLAT SHALL COMPLY WITH THE NOTES LISTED 0414 T44E VISTA GDMMERG4A•L GENTE4 FILING I FLAT (S SOS) RECOPOED 07/29/1997 UN€Efl fECEPTION #25CO213. ro 4. THIS REPLAT SHALL COMPLY WITH THE NOTES LISTED ON THE CORRECTED PLAT VISTA COMMERCIAL NOTE 4 CENTER FILING II PLAT (5-514) RECORDED 11/01/2000 UNDER RECEPTION #2803997. CI ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY O 3. THIS REPEAT SHALL COMPLY WITH THE NOTES LISTED ON THE CORRECTED PLAT VISTA DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU DISCOVER SUCH DEFECT . IN NO �J EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE c COMMERCIAL CENTER FILING I �S-408) RECORDED 08/281!99? RECEPTION #2566006. THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATE SHOWN HEREON (13-80-105 C . R. S. ) R. S. ) DRAWING cr cu a 0, OF RESOLUTION 0% RE: APPROVE AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, S #416, TO VACATE A DRAINAGE AND UTILITY EASEMENT - HORIZON INVESTMENTS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 17th day of =mil 8 to December,2003,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing 0`` the application of Horizon Investments,LLC,520 Main Street, Suite A, Longmont,Colorado 80501, for Amended Planned Unit Development Final Plan, S #416, to vacate a drainage and utility _ g c easement on the following described real estate, to-wit: �o 2 E' Lot 2, Block 4; and Lots 3 and 4, Block 5, Vista as 32 Commercial Center, Filing 2; being part of the N1/2 of Section 8, Township 2 North, Range 68 West of the an anmi.N 6th P.M., Weld County, Colorado —To a o WHEREAS,the applicant was represented by Chris Pickett, Pickett Engineering, Inc.,808 - 0 8th Street, Greeley, Colorado 80631, represented said applicant, and —-moo o o WHEREAS, Section 27-8-40.B of the Weld County Code provides for minor modifications °C to be made to final plans, utilizing the standards for review being those set forth in Section 27-7-40 fah —W D., and =MM a o WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 27-7-40.D of the Weld County Code,including specifically: a. Section 27-7-40.D.1 --The proposal is consistent with Chapters 19,22,23, 24,and 26 of the Weld County Code,and any intergovernmental agreement in effect influencing the PUD. The proposed PUD Final Plan is consistent with all the applicable chapters of the Weld County Code. The proposed vacation of a drainage and utility easement does not substantially change the subdivision. The site is located within the Longmont IGA area. The City of Longmont indicated no concerns in its Notice of Inquiry,dated September25, 2003, or in the referral response received November 19, 2003. b. Section 27-7-40.D.2--The uses which will be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Chapter 27,Article II, of the Weld County Code. The proposal 2003-3432 PL0862 C.0 1 PL, /9-1FL� FED Cpl !`t -o AMEND PUD FINAL PLAN (S #416) - HORIZON INVESTMENTS, LLC PAGE 2 does not affect the performance standards as approved by the Board of a 0 County Commissioners for the original Vista Commercial Center Final Plan. — U -G c c. Section 27-7-40.D.3 --The uses which will be permitted will be compatible i"s with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by —- c Chapter 22 of the Weld County Code or master plans of affected . d municipalities. This proposal is located within the referral boundaries of the -3 Towns of Mead, Frederick, and Firestone, and the City of Longmont. The Towns of Mead and Firestone and the Cityof Longmont indicated no conflict a., with their interests. The Town of Frederick indicated that the proposal is located outside of its planning area boundary. =moo — o —moo d. Section 27-7-40.D.4 -- Adequate water and sewer service will be made =rot 0 M o available to the site to serve the uses permitted within the proposed PUD in =r compliance with the performance standards in Chapter 27, Article II, of the b Weld County Code. The site will be serviced by Left Hand Water District and a cc c"; Saint Vrain Sanitation District. —-cocn CY)CV e. Section 27-7-40.D.5 -- Street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The proposal does not affect transportation facilities. f. Section 27-7-40.D.6—The proposal does not affect transportation facilities. g. Section 27-7-40.D.7 -- Issues regarding overlay districts, commercial mineral deposits,and soil conditions were addressed during the original final plan,S-408(1st Filing)and during the original final plan,S-416(2nd Filing). h. Section 27-7-40.D.8 If compatibility exists between the proposed uses and criteria listed in the Development Guide,and the Final Plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the Development Guide. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Horizon Investments, LLC, for Amended Planned Unit Development Final Plan, S #416, to vacate a drainage and utility easement on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the PUD Final Plat: A. The applicant shall submit a digital file of all drawings associated with the Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). 2003-3432 PL0862 AMEND PUD FINAL PLAN (S #416) - HORIZON INVESTMENTS, LLC PAGE 3 B. Easements shall be shown on the final plat in accordance with County C standards (Section 24-7-60). g cc 2. The Final Plat is conditional upon the following and each shall be placed on the Final x+ Plat as notes prior to recording: imam A. Lot owners should be informed that the City of Longmont has an existing imm 9 composting facility east of Vista Commercial Center. The facility 3 occasionally emits odors that are within State and Countyguidelines,but that may nevertheless be found offensive. �a r"' B. Lot owners should be informed that the City of Longmont owns a landfill o directly south of Vista Commercial Center. —e0 N c C. This replat shall comply with the notes listed on the Corrected Plat Vista o Commercial Center Filing II Plat(S-614),recorded November 1,2000,under o reception #2803997. cc —M� 3. The Final Plat shall be submitted to the Department of Planning Services for M' recording within 30 days of approval by the Weld County Board of Commissioners. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 17th day of December, A.D., 2003. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO ATTEST: / / 1 �4� Cal t D idE. Lon C air Weld County Clerk to th pp: % ` f W / Robert D. sden, Pro-Tem BY: '. ..� �.'S ( t' Deputy Clerk to the Boast! M. J. Geile APPROVED AS TQ R : i l , Willi i✓ CCLLIH //Ze ounty Attorney Glenn Vaard- 1 Date of signature: / �> 2003-3432 PL0862 1 P.U.D Final Plan Administrative Review COLORADO CASE NUMBER: AMPF-416 PLANNER: C Gathman APPLICANT: Horizon Investments, LLC ADDRESS: 520 Main Street, Suite A, Longmont, CO 80501 REQUEST: A PUD Final Plat to vacate a drainage and utility easement LEGAL DESCRIPTION: Lot 2, Block 4 and Lots 3 and 4, Block 5, Vista Commercial Center Filing II; being part of the N2 of Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 119; Approximately 1/2 mile east of County Road 3 ACRES: 5.92+/- PARCEL NUMBER: 1313 08 102014, 013, 004 & 003 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27- 7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: a. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code and any intergovernmental agreement in effect influencing the PUD. The proposed PUD Final Plan is consistent with all the applicable chapters of the Weld County Code.The proposed vacation of a drainage and utility easement does not substantially change the subdivision. The site is located within the Longmont IGA area. The City of Longmont indicated no concerns in their Notice of Inquiry dated September 25, 2003 and in their referral response received November 19, 2003. b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The proposal does not affect the performance standards as approved by the Board of County Commissioners for the original Vista Commercial Center Final Plan. 2003-3432 AMPF-591,Vista Commercial Center PUD, Page 1 c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. This proposal is located within the referral boundaries of the Towns of Mead, Frederick and Firestone and the City of Longmont. The Towns of Mead and Firestone and the City of Longmont indicated no conflict with their interests. The Town of Frederick indicated that the proposal is located outside of their planning area boundary. d. Section 27-7-40.C.4 -- That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The site will be serviced by Left Hand Water District and St. Vrain Sanitation District. e. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The proposal does not affect transportation facilities. f. Section 27-7-40.C.6—In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26,if applicable. The proposal does not affect transportation facilities. g. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits,and soil conditions on the subject site. Issues regarding overlay districts, commercial mineral deposits, and soil conditions were addressed during the original final plan, S-408 (15` Filing) and during the original final plan, S-416 (2n° Filing). h. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the development guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Final Plat: AMPF-591,Vista Commercial Center PUD, Page 2 A. The applicant shall submit a digital file of all drawings associated with the Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) B. Easements shall be shown on the final plat in accordance with County standards (Section 24-7-60). (Department of Public Works/Department of Planning Services) 2. The Final Plat is conditional upon the following and each shall be placed on the Final Plat as notes prior to recording: A. Lot owners should be informed that the City of Longmont has an existing composting facility east of Vista Commercial Center.The facility occasionally emits odors that are within State and County guidelines, but that may nevertheless be found offensive. B. Lot owners should be informed that the City of Longmont owns a landfill directly south of Vista Commercial Center. C. This replat shall comply with the notes listed on the Corrected Plat Vista Commercial Center Filing II plat (S-614) recorded 11/1/2000 under reception #2803997. 3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Weld County Board of Commissioners. (Department of Planning Services) AMPF-591,Vista Commercial Center PUD,Page 3 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greele353 610,, O 80631 0 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 C. COLORADO November 6, 2003 Horizon Investments LLC c/o Pickett Engineering Dan Hull 808 8th St Greeley CO 80631 Subject: AMPF-591 - Request for an Amended Final Plat for: Lots 1 &2 of Block 4; Lots 1 &2 of Block 5, Vista Commercial Center Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described are being processed at the present time. Our department will be processing the Amended Final Plat in accordance with Chapter 27, Article III of the Weld County Code. You will be notified by this office at the end of the review period regarding the Amended Final Plat. If you have any questions concerning this matter, please feel free to call or visit. Sincerely, auti5 Chris Gathman Planner 414t:rl- Notice of Inquiry III o Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO j� `" ] 4 vJ 7 Planner. U U . r :cwt Date of Inquiry: -- a�-iv, .T ,3- 2 s) zi J J ;h Town Referred to: 1 _ Ordinance#: Name of Person Inquiring: i ,' *k- ' : • Legal Description: V''' 1.1 < Q,4 ar t.-'' igI, F 1 ; 4Nc -A' 4 1t fir, ,� ,.„} Legal Parcel#: aJ 1.)r:. iffy Property Owner. H a 7 : gs !.LC. Major Crossroads JI , t Type of Inquiry: \ A. a." Or. (.;: C.)\<,4, -• Le,ra'jc r tc v*S .�. ♦.- . ....di..,y }, µ.:=x t-7,% * R ,-a. . r r.-y � - .._'`z s br. .... :,.,.. . The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: V>c oDoSt Ac. t' y Et r.' ��h�` `' c'n.` ` } Town/City Comments: C i% r �' ,c laird/11 "If ; (�„tJ ft i V L yl r" 7, c iii/ ❑ Platteville, Dacono, Firestone and Frederick Intergovernmental Agreement. If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld. County require a binding annexation agreement between the person and the Town/City of ,which requires the person to annex the parcel to the Town/City upon the terms and conditions stated,in the agreement. , ❑ Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the person petitioned for the parcel to be annexed to the Town/City of ? If so,what is the§tatus of the petition? If not, does the Town/City of desire-to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Town/City of for annexation? Comments: L 1 ` 1` i 41 , 4 4 gnature of Weld County Planner Signature of Town/City Representative White copy:Applicant; Yellow copy: Town/City;Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. +Weld County Planning Department +1555 N. 17th Avenue,Greeley,CO 80631 +(970)353-6100, Ext.3540)0(970)304-6498 Fax FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1313-08-2-04-001 , 1313-08-2-04-002, 1313-08-2-05-001 , 1313-08-2-05-002, 1313-08-2-05-003, 1313-08-2-05-004 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the final plat area.If additional space is required,attach an additional sheet) Legal Description Vista Commercial Center, Filing I and Filing II, Section 8 ,Township 2 North, Range 68 West L1,2,64 Lot/Block:L1,2,3,4,B5 Zone District: PUD(C-3, I-1) Total Acreage: 7.57 , Overlay District: MUD FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: Horizon Investments, LLC Work Phone# (303)772-3200 Home Phone# (303) 589-0396 Email Address dverrealty(a)wcox.com Address: 520 Main St, Suite A City/State/Zip Code Longmont, CO 80501 Name: Horizon Investments Phase II, LLC Work Phone# Same Home Phone# Same Email Address Same Address: Same City/State/Zip Code Same APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany app• atio ssignedbyAuthorizedAgent) ��,4LL-. re ��c-�:.W6 Name: Dr. Russell Stacey, Manager LL Work Phone# Same Home Phone# Same Email Address Same Address: Same - s /- City/State/Zip Code Same f © cr)G;.3' NAME OF SUBDIVISION Vista Commercial Center Filing I and Filing II �Pf,ULL �, Sena c 'rat -Cost UTILITIES: Water: Left Hand Water District Sewer: St. Vrain Sanitation District Gas: Public Service Company of Colorado Electric: United Power Phone: Qwest Communications DISTRICTS: School: St. Vrain Valley School District RE-1J Fire: Mountain View Fire Protection District Post: Longmont Post Office I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to review this final plat on the following described unincorporated area of Weld County.. I ip,,,,,,, Air e - /( 2)-1 62 Signature: Owner or Au orized Ages( D to Signature: Owner or Authorized Agent Date —5— PICKETT ENGINEERING, INC. October 24, 2003 Weld County Planning 1555 North 17th Avenue Greeley, Colorado 80631 RE: A Vacation of Utility Easements The First Replat of Lots 1 and 2 of Block 4 and Lots 1 and 2 of Block 5 of the Corrected Plat Vista Commercial Center Filing I; and Lot 2 Of Block 4 and Lots 3 and 4 of Block 5 of the Corrected Plat, Vista Commercial Center Filing II PEI No. 99-024.1 To Whom It May Concern: Please accept this letter as a formal request for the replat of the above lots for the Vista Commercial Center Subdivision, which is located on the south of State Highway 119, between Weld County Road 5 and Weld County Road 3, Weld County, Colorado. Since the lots are vacant at this time, the sole purpose for the replat is to vacate the utility easement along the common lot lines, making the lots more viable for future development. Only relevant items from the final plat submittal checklist are provided herewith, based on our conversation with Chris Gathman of your office. A description of the type of use for the lots was among those items requested. However, because the lots are vacant and zoned C-3 and I-1, many uses could be proposed for the future lots; therefore, no separate description has been submitted. Additionally, a copy of the contract or guarantee from Left Hand Water District and the St. Vrain Sanitation District was requested. To fulfill this requirement, we attached the original letters for commitment of service from the original application for Vista Commercial Center. Please note that Schedule B-2 of the attached title commitment lists the recorded agreements with the two entities. Submitted herewith are: • Submittal Checklist and Supplemental Information list • One original plus twenty-four copies of the final plat application • Application fee in the amount of$535 • One copy of the deed • One original plus twenty-four copies of the replat map • One original Weld County Road Information Sheet plus twenty-four copies 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 -- Fax (970) 356-6486 Weld County Planning Vacation of Utility Easements October 24,2003 Page 2 of 2 • One copy of statement from the Weld County Treasurer showing no delinquent taxes • One copy of the title commitment • One original affidavit and certified list of names and addresses of all mineral owners • One original affidavit and certified list of names and addresses of surface owners within 500 feet • A copy of the Commitment of Service letter for the water supply • A copy of the Commitment of Service letter for sewage treatment • Three copies of the drainage letter • One copy of a signed vacation agreement with affected utility companies • One copy of a letter from Patina stating no objections to the easement being vacated • Completed Notice of Inquiry for the City of Longmont If you have any questions please call me at(970) 356-6362. Sincerely, PICKKEETTTEENGINEERING, INC. Daniel Hull, E.I. Project Engineer DDH/pkg enclosures cc: Russ Stacey, Horizon Investments, Phase II, LLC E PICKETT ENGINEERING, INC. • October 24, 2003 Weld County Planning 1555 North 17th Avenue Greeley, Colorado 80631 RE: A Vacation of Utility Easements The First Replat of Lots 1 and 2 of Block 4 and Lots 1 and 2 of Block 5 of the Corrected Plat Vista Commercial Center Filing I; and Lot 2 Of Block 4 and Lots 3 and 4 of Block 5 of the Corrected Plat, Vista Commercial Center Filing II PEI No. 99-024.1 To Whom It May Concern: Upon review of the grading for the above lots, it was determined that the easement along the common lot lines was not designed to convey storm drainage. The vacation of the easement will not affect the conveyance of the storm flows as defined by the drainage reports for Vista Commercial Center. If you have any questions please call me at (970) 356-6362. Sincerely, PICKETT ENGINEERING;INC. i f a Kris A. Piy/ett,'°PE l• a/?4( President • KAP/pkg cc: Russ Stacey, Horizon Investments, Phase II, LLC 808 8th Street -- Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 A VACATION OF UTILITY EASEMENTS griT]i i, ivi li li. jl I. iDii f:i_ O.r[-, Tr rr II i : r� I Irili(,p -iu L^ AVID MIT 11 eL�N� 1Dry� ?" ' i��r' C�ryt� (01.9 d LL, l.a .I.L_sF�i 1.3 'sd _� ,L111` il! t r rt h4. air . . L � I'sC.l+� +t 1111 V� 11d©ll 6� .� [ld�IUl 2 OE lWi1d©k19Lll � �!, rl.l;-i�E tr>1 f ?rk' ', ) '.IJ[,rl I, P ,, ,'PEI�r 1 R Il7BUI[ND H9 .AHD LOT 2 ®3 Ills©C& 4 �,_'.i!u .,.N LLI!l.u7L�C'4L' IrtII�; �r�i-:.a�li ��.ri.? r.e!l� f,i,rL[rIfI' I1.,�, :.a;� pp ��yP�tl �i�[� /jY ��T) V I OP mil) �i ri in�a .TTMII r. .•iq' �11TTK 5 rl .i'. 'F.R_-, /a 14P n vl Tl_r I I 1• 11AT VJI TA t©1V'1,4 J3I tIIAJ CENTER IL rT �� iii V1J a .,A, i tSa�7L i ..V., L....p.iG.'. leI_ ilxkli „'I., ,p,„ 'slu,_,.. JL!.2I L. d 111bLL �U1 rV��l 1Wll`eLV lliitllll lidlil�flII IT A PART OF THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6THP.M., WELD COUNTY,COLORADO CEgTIFICATE OF DEDICATIpN OWNERSHIP.AND MAINTENANCE s W 0NM5F +Ixn E I w A ie a o _ or; P=...1'' irr OCTOBER 2003 nucas 0 o w _ n CCSCW005mIEHQVWAY 119 LWbE as 'CC 0 Ji v.S.tWnER GLAZER P_.. 55& y<c/ h _ 1— 01N✓e-RJDEVELOPER ENGINEER/SURVEYOR MOL P.0 P C ,, o C - - N[OX y[ytf r s VIII INVE MENTS. Nr5 L!C PIEv.Ei4 ENGINEEEIW. INC. S OFF).[. 51.X .u]c.xq S FW iwiCY.,uWN i. _fir. C. ^ - M]FI GN SNVE5iNEFiE a"PE ¢. LLC +e FOS VASES L e+l _. a35 s ._CwE4 T., DA,of__ _ A.a.. 2O__ ___ _ _ __ _ xo 31 _ _. [ ( 1 1 .° 43 E I ,.0 E.A�SIG-46-646i z,a14.,.i I I 4 5 .l —.— v. toiE I 12e/74% Ile' , Si VICUIIIYYM I dal „` Hasswl SS rcreS I }(. " y� NG X L - cl 4Ff v F -_ _ __ -. -.- _ 13 — 1 Irk 'p N,�o f EIM',pis,e5 N'rnCc5 As 55)Ws,„ .•A --- -, VISIAVEWDIfvE ll ,C.:> j dill '�¢- `k�dLldtRa mamma .ro.Aw --____ I n y'itij < / 4— ki5 i _ t I C1 T !2Et :±. 0 j I v n F Fb l r T.:. "C. r n...nAA an wet SFAST4.5 soot Y. v' ill, 1.'°I I", `. Li '1 i Isl I rIF es r� ,i I I I a9. T I!2-2 .,w$� , _. I l 'r �i BOARD OF COUNTY COMMISSgNERS CERTffICA7E . 1 ' I I NU 5 1' E i °EM rt•Si ALE 3 NESE AAcrI x.6 Xi�d a,:'.FAV[.6. ,, [PNiv. ."CG b- E 5F-uv Ala"' -- I _ Kf$Xe nuC 4551:,[CwrtM.i[SG.t Oe 4.�At„,„ Iu._ [Ar F SKYWAYCOVE IA I -F i •.,„ LEGEND. r.n.-o. N. ur.:.«Icr rxc—.__ :v I i LEGEP s -- .. , o,I. _u ..EE 55'4x"0.GNt F Nt s..m "anoEi C¢.-7 ls1cpE— a4C—.--_—0I , , El._.___, BASIS OF BEARING C ,1 ce51[XC P AE B MIS B°55 I'.LISAS so J 0 C354 NEj SEE: N', 'AA •:KA K+E:xP K :KIOX• outle i o yI. NOTE ni r' -r e TN.. MITES PIE DATA The FFi.,,[N SmSPAFECN IOS-60°LOS G e c I AGREEMENT TO VACATE The undersigned agree to vacate the easement for utilities on the West side of Lot 1, Block 4, and the West side of Lots 1 and 2, Block 5, Vista Commercial Center, Filing I; and the East side of Lot 2, Block 4, and the East side of Lots 3 and 4, Block 5, Vista Commercial Center, Filing II, County of Weld, State of Colorado. Date: Date: <,. 7er/sjM 97q-ct3 E,:te Pkete-e, Date: / i i l 6 PowGic Date: Date: S.r 140;-, Co.---..}r, Date: I) k tSt tk r n WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: _10/20/2003 RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name Dr. Russell Stacey, Manager Phone (303) 772-3200 . Address 520 Main St, Suite A City Longmont State CO Zip 80501 2. Address or Location of Access 4 1,2 Section 8 Township 2N Range 68W Subdivision Block 5 Lot 1,2,3,4 . Weld County Road#: 3 % Side of Road West Distance from nearest intersection 90 ft. 3. Is there an existing access to the property? Yes X No #of Accesses 2 . 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial El Other Existing Comm./Ind. Use 5. Site Sketch i '' . , Legend for Access Description: � AG = Agricultural . __ ��' I RES = Residential 0 > O&G = Oil&Gas ✓0i D.R. = Ditch Road - I - <'="Lit) zi I if - = House .2 Ii r ` 0 H = Shed .tiN I . i° I _ __I ' '4'S L ,.., , __„, , • WELD GOWN ROAD rs * OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient —10— T /• i"'� µkuu4/uuu • • / STATE '0 . ' dRADO 1 • DEPARTMENT OF • STATE CERTIFICATE I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado hereby certify that ACCORDING TO THE RECORDS OF THIS OFFICE, HORIZON INVESTMENTS, L.L.C. (COLORADO LIMITED LIABILITY COMPANY) BECAME ORGANIZED UPON FILING ARTICLES OF ORGANIZATION DATED 06/23/95. Dated: JUNE 23, 199 !/iC.Ci(./it lO f l SECRETARY OF STATE _ /_ , • salmon II as RADFORD PUBLASM,NR CO. RECORD OF PROCEEDINGS MINUTES OF THE FIRST MEETING OF THE MEMBERS OF HORIZON INVESTMENTS, L.L. C. The First Meeting of the Members of HORIZON INVESTMENTS, L.L. C. was held at 1835 Faith Place, Longmont, Colorado 80501, on JL I c{ 2 ha , 19qs_. The following Members were present : LYLE E. DEHNING DALE B. SHERROD N. RUSSELL STACEY, JR. STEPHEN J. WEDDEL MARY JILL DARRAH KENNETH J. CAVANAUGH being all of the Members of the Company. LYLE E . DEHNING was elected by the Members to act as Chairman of the meeting, and DALE B. SHERROD was appointed to act as Secretary of the meeting. The Chairman announced that the meeting was duly convened and that the meeting was ready to transact such business as may lawfully come before it . The meeting then proceeded to the election of Managers for the Company. Nominations having been made, the following persons were elected to serve as Managers until their respective successors are elected: LYLE E . DEHNING N. RUSSELL STACEY, JR. STEPHEN J. WEDDEL HORIZON INVESTMENTS, L.L. C. LIMITED LIABILITY COMPANY OPERATING AGREEMENT This Limited Liability Company Operating Agreement ( "Agreement" ) is entered into this oe - day of -3(.4(C' 19 q'5, among LYLE E. DEHNING, DALE B. SHERROD, N. RUSSELL STACEY, JR. , STEPHEN J. WEDDEL, MARY JILL DARRAH, and KENNETH J. CAVANAUGH (the "Members" ) . In consideration of the mutual agreements contained in this Agreement, the parties agree as follows : ARTICLE 1 FORMATION 1 . 1 Formation. The Members hereby form a limited liability company (the "Company" ) under the Colorado Limited Liability Company Act (the "Act" ) . 1 . 2 Name . The business will be conducted under the name v of HORIZON INVESTMENTS, L.L. C. 1 . 3 Articles of Organization. The Members or Managers will cause Articles of Organization that comply with the requirements of the Act to be properly filed with the Colorado Secretary of State . The Members or Managers will take such further action as will be appropriate or necessary to comply with the formation and operation of a limited liability company in all states and counties where the Company elects to carry on its business . N '. n 4 . for imputed interest under any provision of the Code on any loan of advance from a Member, such deduction shall be allocated solely to such Member. 4 . 2 Distributions. If the Company has net profits for any fiscal year, the Company will distribute the net profits to the Members as provided in Article 4 . 1 (A) and the schedule thereunder: In determining the anlotint of net profits that will be distributed, the Company may retain amounts that are advisable for reaaonable working capital, the Payment of the Company' s obligations, the continuance or expansion of the Company bildinesd, and the establishment of appropriate reserved against contingenciee , Distributions will be made as soon ad practical after detektnihing' the net profits, but in no Sent later than March 31st, Inhe±Wft distributions of net protite may be made . ARTICLE 5 MANAdER3 AND MEMtERS 5 , 1 Manacement Authority, Management of the Company will be vested in one or more Mandgers . Each Manager ' will have the exclusive power and authority to conduct the business of the Company, including all tights, ddtie and powerd conferred by the ` Act , Ho actions will be taken) no decision made) by any Maiiaget without the prior uhanimoud approval of all ' Managers, 1. t Notwithstanding the foregoing, all documents executed on behalf bt ' ^ ' the Company need only be signed by one of the Mafiayersi ''`big ' Managers are authorized to make all decisions and to take aii ti actions including, but not limited to the following: •_ r • 5 (A) The acquisition, ownership, operation, management and maintenance of the Company' s property; (B) The improvement, sale, lease or other disposition of the assets of the Company. (C) The borrowing of money and the granting of security ' interests in the Company' s assets and its property; (D) The compromise or release of any claims' or debts of f the Company; (E) The creation of any additions to or.. reduction iii cash teserVes accounts; (F) The employment of persons, fitms or corporationa) ' including affiliates of the Members, for the operation dna management of the Company' s business; and ," (G) The execution ot all deeds, notes, deeds of truer) mortgages, security agreements',; financing statements and ariy other document necessary in order to further the business ;interestg o t the Company: , 5,2 Duties. Each Manager will carry out his or her duties in good faith, in a manner believed to be in the beet interests Of the Company, and with such care as art ordinarily prudent, person iii ' a like position would use under similar circumstances: A Manager who so performs his or her duties .Will not have any liability reason of being or having been a Manager of the Company' tech Manager Will devote such time to the business of, the Company as. he or she deems necessary for the efficient .,carryind on of tha 6 r Company' s business. The Managers will at all times be free to engage in any busihesd for their own account . 5 . 3 Number. The number of Mahagers of the Company will be one: The number of Managers May be increased or decreased by the vote of a Majority in Interest of the Company, but no decrease will have the effect of shortening the term of any incumbent Manager, 5 .4 Tenure and Removal. At the first meeting of Members; the Members Will elect Managers to hold office . Each Manager will hold. office for the term for which he or she is elected and until his at: her successor has been elected and qualified. At a properly called meeting, any Manager may be removed, With or without cause, by the vote of a Majority in Interest of the Company. 5, 5 Reliance by Third Parties, No third party dealing With the Company will be "required to ascertain whether a Manager is acting in accordance with the provisions of this Agreement, Ail'. third parties may rely on a document executed by any one of the Managers as binding the Company. The foregoing provisions will hot apply to third partied who ate affiliates of a Member or a Manage±i A Manager acting without` authority will be liable to the' Membertl for any damages arising out of his or her unauthorized actions: 5 : 6 Resignation, A Manager may resign at any time by giVifid written notice to the other Managers and Members . Unless otherWitJe specified in the notice, the resignation will take effect upon redeipt by other Managers and Members, and the acceptande 'of the resignation will not be necessary to make it effective. 1 REFERRAL LIST NAME: Horizon Investments LLC CASE NUMBER:AMPF-591 REFERRALS SENT: November 6,2003 REFERRALS TO BE RECEIVED BY:December 5, 2003 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority _X Firestone Building Inspection _Fort Lupton _X Code Enforcement _X Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover _X Department of Transportation _Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission _Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley _X Longmont Division of Minerals/Geology _X Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 _Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 _X Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 _X Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District RE- Greeley Ditch Company Longmont _X Art Elmquist(MUD Area) West Adams RECEl V ED Ir ti j 7 2003 NO E .rt;-ka DMIONENTALSUN SEIM Weld County Referral CNovember 6, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5, 2003 Planner Chris Gathman Project Amended Final Plat for : Lots 1 &2 of Block 4; Lots 1 &2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately% mile east of CR 3. Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. /J" See attached letter. Comments: Signature co"- - I�)Date el Agency W CD{ 34 L' +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Referral • November 6, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5, 2003 Planner Chris Gathman Project Amended Final Plat for : Lots 1 &2 of Block 4; Lots 1 &2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I &Filing II; part of the N2 Section 8. T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately V2 mile east of CR 3. Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: 64-IVLILL • Signature (1-44-S-2 � 1\4 1 '.::16 Date I I/Agency ) +Weld County Planning Dept. g+1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 cxt.3540 44(970)304-6498 fax 12/01/2003 11:33 ST URA IN SANITATION + 970 304 5498 NO.889 081 • • Weld County Referral C2003 November 24, Willi COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5,.2003 • Planner Chris Gathman • Project Amended Final Plat for: Lots 1 &2 of Block 4; Lots 1 &2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8,T2N, R68W of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately V2 mile east of CR 3. Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 'a We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature Date _ x_O3 Agency S t ) +Weld County Planing Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext 3540 4(970)104-6498 fax Noy.19.2003 11:25AM NO.648 P.2 NOV 1 2 2003 Weld County Referral Ce November 6, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5, 2003 Planner Chris Gf£hnian Project , -Amen* Final Plat for: Lots 1 42 Of Block 4; 1294 1 &2 of Block 5,Vista Commercial Center Filing II - Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado, Location South of and adjacent to State Hwy 119; approximately%s mile east of CR 3, Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that It does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our Interests. ❑ See attached letter, Comments: FJo Co 2r4k • signature Alitekfiqr;04LifitA,1A am DateAgency et rf� l of • (*Weld County Planning Dept. *1555 N. 17th Aye.Greeley,CO.80631 #(970)353-6100 ex13540 4(970)304-6498 fax Weld County Referral C. November 6, 2003 COLORADO RECEIVED NOV 1 2 2.003 The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5, 2003 Planner Chris Gathman Project Amended Final Plat for : Lots 1 &2 of Block 4; Lots 1 & 2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately 1/2 mile east of CR 3. Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature /U44Zd 1). FiAin ui ezQ Tom_ Date Agency �/t�tr72.o/ Att./ ✓ I ,�Ib-y- +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax 0:/13/<4 05:51 FREDERla< TOWN GOVT a 970 304 6498 NO.021 D01 artQ • Weld County Referral j C. November 6, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5. 2003 Planner Chris Gathman Project Amended Final Plat for : Lots 1 & 2 of Block 4; Lots 1 & 2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately 1/2 mile east of CR 3. Parcel Number 1313 08 204001; 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. © We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our Interests. O See attached letter, ,l l�f Comments; dicu ,��U t; Me Olk /d-LO C l v (! hlA�l/a.J et 1t11C\ Dl � u h� talUi Signature C wU Date I ! `_" /2 03 Agency _ 1�RIA91A. rf EN 0411,(C(C V *weld County Planning Dept 01555 NN 17th Ave,Greeley,CO.80631 0(970)353.6100 ext.3540 0(970)304-6498 fax i� rt Weld County Referral CNovember 6, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5, 2003 Planner Chris Gathman Project Amended Final Plat for : Lots 1 &2 of Block 4; Lots 1 & 2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately 1/2 mile east of CR 3. Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: «fxYl y-QNyeAi tL,c {Lt-k(f1)*-- lxnej° 4-tTti21x La-tf1 nim oc a&- r c t'Dtcrr. nc,Ifil. Signature \ C LI Date rNf- Agency Ann O (ENV. viz__.. +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Ati:114: MEMORANDUM TO: Chris Gathman,Planner i/iI , DATE: 03-December-2003 WIlD �• FROM: Peter Schei, P.E.,Civ n Public Works Department l / COLORADO SUBJECT: AMPF-591 Vista Comrtercial I&II(Amended Final Plat) Weld County Public Works Department has reviewed this amended final plat request. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ The Public Works Department has reviewed the submitted amended plat for Vista Commercial Filing I & II. Upon examination of the original plats for Filing I and Filing II, this office finds it appropriate to allow vacation of the proposed utility easements as shown. ❑ It will be the applicant's responsibility to collaborate with all other utility companies or parties of interest that no plant infrastructure remains in the easement areas to be vacated. All issues of concern must be resolved prior to recording the amended plat. ❑ The Public Works Department effectively signs-off on these easement vacations. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board recommendations. Recommendation ❑ The Public Works Department recommends approval of this amended final plat. The applicant shall address the co nts listed above at the specific step of the review process stated. The review process will continue only when all ' ` ropriate elements have been submitted. Issues of concern must be resolved with the Public tits Department prior to recording the amended final plat. PC: AMPF-591 Vista Commercial I&II(Amended Final Plat) Email&Original: Planner Page 1 of 1 ., �.,.” „....I. . . Weld County Referral Wilp C• November 6, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Horizon Investments LLC Case Number AMPF-591 Please Reply By December 5, 2003 Planner Chris Gathman Project Amended Final Plat for : Lots 1 & 2 of Block 4; Lots 1 & 2 of Block 5, Vista Commercial Center Filing II Legal Vista Commercial Center, Filing I & Filing II; part of the N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 119; approximately 1/2 mile east of CR 3. Parcel Number 1313 08 204001, 1313 08 204002, 1313 08 205001, 1313 08 205002, 1313 08 205003, 1313 08 205004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. We have reviewed the request and find that it does/does not comply with Ding refi gsyir' it We have reviewed the request and find no conflicts with our interests. See attached letter. NOV 1 2 2003 Comments: Signature c Nn ) eQj Date t‘1 _ fig- CP� Agency CC-1k V ag-._ -ccrr \ Ii C. ❖Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 ❖(970)304-6498 fax • N,puNIAA, MOUNTAIN VIEW FIRE PROTECTION DISTRICT E Administrative Office: 9119 County Line Road • Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 view November 18, 2003 Mr. Chris Gathman Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr.Gathman: I have reviewed the submitted materials pertaining to the Amended Final Plat for Lots 1 and 2 of Block 4; and Lots 1 & 2 of Block 5 in the Vista Commercial Center Filing II (Case Number: AMPF-591). The Fire District does not object to the amended plat and vacation of the utility easement along common lot lines. We appreciate being involved in the planning process. Should you have any questions,please contact me at(303)772-0710. Sincerely, CThuec LuAnn Penfold Fire Marshal LMP/Ip cc: project file Ip11.08.03 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 t. i 2447116 B-1502 P-154 07/19/95 11:36A PG 1 OF 2 REC OOC AR2447116 Weld County CO Clerk & Recorder 11.00 8.69 WARRANTY DEED • MARY JILL DARRAH, Grantor, whose address is 809 Panorama Circle, Longmont, CO 80501, in consideration of the sum of EIGHTY- SIX THOUSAND EIGHT HUNDRED SEVENTY-FOUR AND 74/100THS DOLLARS, in hand paid, hereby sells and conveys to HORIZON INVESTICiTS, LLC [[t DOC FEE (Colorado Limited Liability Company) , Grantee, whose address is C/O 58.69 Lyle Dehning, 1835 Faith Placa, Longmont, CO 80501, the following described real property in the County of Weld, and State of Colorado, to wit: SEE ATTACHED SCHEDULE A known as vacant land TOGETHER WITH all appurtenances, and warrant the title subject to is of record; mineral reservations and leases of record; inclusion of the property in any special taxing districts; building and zoning regulations; and 1995 and subsequent years general property taxes and assessments which Grantee assumes and agrees to pay. z Signed this 17th day of July, 1995. (). </tal 9:41a Pl'ate Mary Jill Darrah by LS'1eE. Dehning, =t- attorney in fact STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) 3F The foregoing instrument was acknowledged before me on July 17th, 1995, by Lyle E. Dehning, attorney in fact for Mary Jill • Darrah. Witness my hand and official seal. my commission expires: b r 16, 1998 . Notary Public • e < r •,. ''•1 i k 4T 1 " �•.MF rc • SCEIDULE A PARCEL 3 : An undivided 1St interest in and to the following described prove_rtty: A tract of land located in parts of Sections 5 and 8, Township 2 North of Range 6S West of the 6th P.M., Weld County, Colorado, and being =re particularly described as follows: Hegi:^iin g at a point on the West line of the NWI/4 of said Section a from which the NW corner of said Section 8 bears North COO38'22" West a distance of 139.70 feet, said point being on the South lie of State Highway 119; thence along said South line of said highway North 881b15•44" East a distance of 2666.15 feet; thence South O1O19'44" West and leaving said highway a dissents of 20.06 feet to the Ni/4 Corer of said. section 8; thence South 0O 24'42^ West a distance of 1323.39 feet to a point on the South li^.e og the N1/2 of the N1/2 of said Section 8; thence along said South line North 88 20'51" West a distance og 2642.81 feet to a ;tint on the west line of said Section 8; thence North 00'38,22" West a distance of 1186.42 ': feet co the point of begi:niaq. an :._divided 153 interest in and to together with/ a:_ ditch and water rights appertai.hihe thereto, i-.cl_d_.g but het necessarily to. 4 & 940/2^.CCt_s shares of the capital stock of the C_:garc`.y x_rsicn Ditto Co. ; 2 & 99/1CCths shares of the capital stock of rye Oligarchy :rrigaticn Cs. ; 2-1/2 shares et the capital stock o= the Lower C1'- -`y Ditch Co. ; one Left !and Mater District der-es-tic rater tar located at 13 3 run 719, Longtent, Colorado , 75 acre foot units as allotted sa'd pr=atli as by the Norther, .Colorado Water Co servarcy D ist=i 244711'6 8-1502 P-154 07/19/95 11 :36A P3 2 OF 2 • �i 1 t74,4, at .;1:14 COLORADO E S CROW AND T 2 TLE SERV2 CE S , SNC _ 520 Main St . Ste C Longmont Co 80501 303-678-8500 Metro 534-5009 DATE: OCTOBER 16, 2003 ORDER # : 19626W PROPERTY ADDRESS: VACANT LAND LONGMONT, COLORADO 80504 OWNER/SELLER: HORIZON INVESTMENTS PHASE II, L.L.C. (PARCEL I) HORIZON INVESTMENTS, LLC (A COLORADO LIMITED LIABILITY COMPANY) (PARCEL II) BUYER/BORROWER: PLEASE DELIVER TO THE FOLLOWING CUSTOMERS: JTO: HORIZON INVESTMENTS C/O DYER REALTY ATTN: RUSE STACEY 520 MAIN STREET, STE. A LONGMONT, COLORADO 80501 Enclosed please find the following item (s) in connection with the above captioned order. Should you have any questions regarding the attached documentation, please contact us at the number above. We appreciate your business very much and look forward to serving you in this transaction. Your closer for this transaction is KELLEY ABERNATHY (303) 678-8500 / Thank you! // COMMITMENT _ EXCEPTIONS INVOICE COVENANTS ENDORSEMENT _ MORTGAGE GUARANTEE TAX CERTIFICATE _ OTHER COMMITMENT FOR TITLE INSURANCE UNITED GENERAL TITLE INSURANCE COMPANY United General Title Insurance Company, a Colorado Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereto. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue policy or policies is not the fault of the Company. In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto affixed: this instrument, including Commitment, Conditions and Stipulations attached, to become valid when Schedule A and Schedule B have been attached hereto. UNITED GENERAL TITLE INSURANCE COMPANY ENE , Akiarheifamic cia......712 President '•3.C V Secretary NCE Cn R Countersigned---A4\,,,, , l p v re... tL�� Authorized fficer or Agent This policy valid only if Schedu A and B are attached. ALTA Commitment- 1966 UGT Form No. 150A(3/21/01) CONDITIONS AND STIPULATIONS I. The term "mortgage", when used herein, shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. L Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 3. Any discrepancies, conflicts in boundary lines, encroachments, easements, measurements, variations in area or content, party walls and/or other facts which a correct survey and/or a physical inspection of the premises would disclose. 4. Rights or claims of parties in possession not shown in the public records. 5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the policy shall contain an additional exception which shall read as follows: Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the Insured (and payment of the proper charges therefore), the Company's agent or approved attorney will search the public records subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to the land as they have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report, and if such continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the insured. Case No: 19626W EXHIBIT "A" PARCEL I: LOT 2, BLOCK 4, AND LOTS 3 AND 4, BLOCK 5, SECOND CORRECTED PLAT VISTA COMMERCIAL CENTER FILING II, COUNTY OF WELD, STATE OF COLORADO. PARCEL II: LOT 1, BLOCK 4, AND LOTS 1 AND 2, BLOCK 5, VISTA COMMERCIAL CENTER FILING 1, ACCORDING TO THE CORRECTED PLAT RECORDED AUGUST 28, 1997 IN BOOK 1623 AS RECEPTION NO. 2566006, COUNTY OF WELD, STATE OF COLORADO. COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment Number 19626W Revision Number PROPERTY ADDRESS: VACANT LAND SCHEDULE I: 1. Effective date: OCTOBER 7, 2003 at 8:00 A.M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy - Proposed Insured: B. ALTA Loan Policy - Proposed Insured: C. ALTA Loan Policy - Proposed Insured: WORKING COMMITMENT SEARCH FEE $150.00 TOTAL $150.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is FEE SIMPLE and title thereto is at the effective date hereof vested in: HORIZON INVESTMENTS PHASE II, L.L.C. (PARCEL I) HORIZON INVESTMENTS, LLC (A COLORADO LIMITED LIABILITY COMPANY) (PARCEL II) 4. The land referred to in this commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Commitment Number: 19626W SCHEDULE 8—i Boa crairama rat s The following are to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument (s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: NOTE: AS OF OCTOBER 7, 2003 NO LIENS WERE FOUND TO BE ON THE ABOVE DESCRIBED PROPERTY. NOTE: THIS IS A WORKING COMMITMENT ONLY. NO POLICY WILL BE ISSUED FROM THIS COMMITMENT. Commitment Number 19626W SCHEDULE B-2 Except ions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water; NOTE: Item no. 6 of the above will not appear on the Lender's Policy (if any) to be issued hereunder. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 21, 1885 IN BOOK 34 AT PAGE 118. (AFFECTS PARCELS I fi II) . 9. RIGHT-OF-WAY EASEMENT AND AGREEMENT FOR ELECTRICAL FACILITY PURPOSES AS GRANTED TO UNION RURAL ELECTRIC ASSOCIATION, INC. BY INSTRUMENT RECORDED MAY 4, 1970 IN BOOK 625 AS RECEPTION NO. 1546573, SAID RIGHT-OF-WAY EASEMENT BEING THE NORTH EDGE OF THE PARCELS SITUATE SOUTH OF THE NEW STATE HIGHWAY NO. 119-FEDERAL AID PROJECT NO. S 0119(15) SITUATE ON THE NORTH EDGE OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST AND ON THE SOUTH EDGE OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. ALSO THE WEST EDGE OF THE NW1/4 OF SECTION 8, TWONSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. THE EXACT LOCATION NOT SPECIFICALLY DEFINED. CONTINUED NEXT PAGE • 10. RESERVATION AS CONTAINED IN DEED RECORDED SEPTEMBER 16, 1975 IN BOOK 748 AS RECEPTION NO. 1670064 AS FOLLOWS: GRANTORS, HOWEVER, HEREBY EXPRESSLY RESERVE TO THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AN EASEMENT FOR THE PURPOSE OF CARRYING AND DELIVERING IRRIGATION WATER OF THE OLIGARCHY DITCH COMPANY, THROUGH AND ACROSS THE PIPELINE AND DITCH PRESENTLY SITUATED ON THE ABOVE DESCRIBED PREMISES FOR THE PURPOSE OF IRRIGATING APPROXIMATELY EIGHTY ACRES OWNED BY GRANTORS SITUATED DIRECTLY EAST OF AND ADJACENT TO THE SUBJECT PREMISES PROVIDED THAT SAID PIPELINE AND DITCH SHALL BE USED BY GRANTORS AND GRANTEE ON ALTERNATE (3) DAY INTERVALS, AND PROVIDED FURTHER, THAT THE EXPENSE OF MAINTENANCE OF SAID PIPELINE AND DITCH ON THE ABOVE DESCRIBED PREMISES SHALL BE SHARED EQUALLY BETWEEN GRANTORS AND GRANTEE. (ITEMS 9 & 10 AFFECT PARCEL I) . 11. OIL AND GAS LEASE FROM C.P. RICHARDSON, LEO F. KNAGO AND BETTY JO SECOR TO BUDDY BAKER, RECORDED MAY 29, 1980 IN BOOK 904 AS RECEPTION NO. 1826006; AMENDMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981953; CORRECTION OF DESCRIPTION IN LEASE RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981954 AND RECORDED SEPTEMBER 14, 1984 IN BOOK 1043 AS RECEPTION NO. 1981769; AFFIDAVIT OF PRODUCTION RECORDED OCTOBER 3, 1985 IN BOOK 1086 AS RECEPTION NO. 2027311, AND ANY INTERESTS THEREIN, ASSIGNMENTS, OR CONVEYANCES THEREOF. (AFFECTS PARCELS I & II) . 12. SUBJECT TO THE CONDITIONS AS SET FORTH ON THE RICHARDSON PUD ZONE CHANGE PLAT RECORDED JUNE 18, 1992 IN BOOK 1340 AS RECEPTION NO. 2292346. 13. NOTICE OF OIL AND GAS LEASE FROM GREAT WESTERN SUGAR COMPANY TO CALVIN PETROLEUM CORPORATION, RECORDED MAY 31 1984 IN BOOK 1032 AS RECEPTION NO. 1968738, AND ANY INTERESTS THEREIN, ASSIGNMENTS OR CONVEYANCES THEREOF. SAID LEASE EXTENDED BY AFFIDAVIT OF PRODUCTION RECORDED OCTOBER 24, 1984 IN BOOK 1047 AS RECEPTION NO. 1986140; AND AFFIDAVIT RECORDED OCTOBER 3, 1985 IN BOOK 1086 AS RECEPTION NO. 2027311. 14. EACH AND EVERY RIGHT OF ACCESS TO AND FROM STATE HIGHWAY NO. 119, SAID ACCESS RIGHTS HAVING BEEN CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY DEED RECORDED FEBRUARY 28, 1972 IN BOOK 662 AS RECEPTION NO. 1584447. (ITEMS 12-14 AFFECT PARCEL I) . 15. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN SUBDIVISION SERVICE AGREEMENT BETWEEN THE ST. VRAIN SANITATION DISTRICT AND HORIZON INVESTMENTS, L.L.C. RECORDED APRIL 14, 1997 IN BOOK 1600 AS RECEPTION NO. 2542719. 16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN SUBDIVISION MUTIPLE TAP SERVICE AGREEMENT BETWEEN LEFT HAND WATER DISTRICT AND HORIZON INVESTMENTS, LLC RECORDED APRIL 21, 1997 IN BOOK 1601 AS RECEPTION NO. 2543820. 17. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN IMPROVEMENTS AGREEMENT BETWEEN THE COUNTY OF WELD AND HORIZON INVESTMENTS LLC, RECORDED MAY 27, 1997 IN BOOK 1608 AS RECEPTION NO. 2549895. 18. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT BETWEEN THE COUNTY OF WELD AND HORIZON INVESTMENTS, LLC RECORDED MAY 27, 1997 IN BOOK 1608 AS RECEPTION NO. 2549896. 19. COVENANTS, CONDITIONS AND RESTRICTIONS WHICH DO NOT CONTAIN FORFEITURE OR REVERTER CLAUSE, OMITTING ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, CONTAINED IN INSTRUMENT RECORDED AUGUST 7, 1997 IN BOOK 1620 AS RECEPTION NO. 2562470 AS AMENDED AND RESTATED BY INSTRUMENT RECORDED APRIL 22, 1998 AS RECEPTION NO. 2607807 AND FIRST AMENDMENT RECORDED JUNE 25, 2003 AS RECEPTION NO. 3076912. 20. ANY ASSESSMENTS OR LIENS BASED UPON ASSESSMENTS IMPOSED BY ANY RECORDED DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTIONS OR IMPOSED BY LAW FOR THE BENEFIT OF A HOMEOWNERS ASSOCIATION OR A COMMON INTEREST OWNERSHIP ASSOCIATION. 21. WATER, WATER RIGHTS, CLAIMS OF TITLE OR INTEREST IN WATER. 22. ANY EXISTING LEASES OR TENANCIES. (ITEMS 15-22 AFFECT PARCELS I & II) . 23. ALL NOTES, STATEMENTS AND EASEMENTS AS SET FORTH AND SHOWN ON THE RECORDED PLAT OF VISTA COMMERCIAL CENTER FILING II RECORDED MAY 17, 2000 AT RECEPTION NO. 2768575. 24. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS CONTAINED IN THAT CERTAIN IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) RECORDED MAY 17, 2000 AT RECEPTION NO. 2768876. 25. TERMS, CONDITIONS AND PROVISIONS OF DESIGN GUIDELINES RECORDED AUGUST 7, 1997 AS RECEPTION NO. 2562471. 26. TERMS, CONDITIONS AND PROVISIONS OF TAP SERVICE AGREEMENT RECORDED OCTOBER 3, 2000 AS RECEPTION NO. 2797857. 27. TERMS, CONDITIONS AND PROVISIONS OF IMPROVEMENTS AGREEMENT RECORDED MAY 17, 2000 AS RECEPTION NO. 2768876. (ITEMS 23-27 AFFECT PARCEL I) . 28. NOTES, STATEMENTS AND EASEMENTS AS CONTAINED ON RECORDED PLATS OF SUBJECT PROPERTY. (AFFECTS PARCELS I & II) . NOTE: COLORADO REVISED STATUES 10-11-123 REQUIRES THE FOLLOWING NOTICE: (a) THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN SEVERED, LEASED OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE AND THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT A THIRD PARTY HOLDS SOME OR ALL INTEREST IN OIL, GAS, OTHER MINERALS, OR GEOTHERMAL ENERGY IN THE PROPERTY; AND (b) THAT SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION. Commitment Number 19626W D I S CLOSURE ATTACHMENT Note (1) Colorado Insurance regulations 89-2, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of public record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Note (2) Exception number 4 of Schedule B, Section 2 may be deleted from the Owner' s Policy upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, including a condominium or Townhouse unit . B. No labor nor materials must have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 13 months . C. Receipt of this Company of an appropriate affidavit indemnifying it against unfiled mechanic' s and materialmen' s liens . D. Any deviation from conditions A through C above are subject to any additional requirements of information as the Company may deem necessary. Note (3) Pursuant to Colorado Revised Statutes 10-11-122 we are making you aware of the following: (i) The subject property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer' s authorized agent; (iii) Information regarding special districts and the boundaries of such districts may be obtained from the Board of county Commissioners, the County Clerk and Recorder, or the County Assessor. AFFIDAVIT OF INTERESTED LAW) OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 13130820.4001 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission datte.AM e'I,�tattSignature ((// Security Title Guaranty Co. 16-(0-6-3 3690 W 10th , 8063400r Greeley,CO Date 6 (970)Toll Free: 1-888-825-321 56.491 2 Property Owners Within 500 ft. of Parcel# 131308204001 NAME I MAILING ADDRESS 'PARCEL IDENTIFICATION # C/O LYLE DENNING HORIZON INVESTMENT LLC 1835 FAITH PL 131308102007 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENT LLC 1835 FAITH PL 131308101008 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENT LLC 1835 FAITH PL 131308101009 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308205001 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308205002 LONGMONT,CO 80501 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205003 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205004 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205005 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205006 LONGMONT,CO 80501-4714 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=1 3 1 3 0820400 1&Part=131305000062 10/10/2003 AFFIDAVIT OF INTERESTED LA)) OWNERS Page 2 of 2 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204002 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204003 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204004 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204013 LONGMONT,CO 80501-4714 10345 UTE HWY LIFEBRIDGE CHRISTIAN CHURCH 131305000062 LONGMONT,CO 80504 C/O CHATEAU COMMUNITIES LONGVIEW COMMUNITY LLC 6160 S SYRACUSE WAY 131305000048 GREENWOOD VILLAGE,CO 80111 1835 FAITH PL VISTA OWNERS ASSOCIATION INC 131308106001 LONGMONT,CO 80501 1530 VISTA VIEW DR VISTA VIEW PROPERTIES LLC 131308102008 LONGMONT,CO 80503 1531 SKYWAY DR UNIT A WYNJA VISTA LLLP 131308102009 LONGMONT,CO 80504 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131308204001&Par 1=1313 05000th... 10/10/2003 AFFIDAVIT OF INTERESTED LAW) OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 1.3.1.308204002 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission da e. s�r,ry Security Title Guaranty Co. Signature 3690 W. 10th St.,2nd Floor -l c- 63 Greeley, CO 80634 (970)356-3200 • FAX (970)356-4912 Date Toll Free: 1-888-825.3215 Property Owners Within 500 ft. of Parcel# 131308204O02 NAME I MAILING ADDRESS (PARCEL IDENTIFICATION # C/O LYLE DENNING HORIZON INVESTMENT LLC 1835 FAITH PL 131308101009 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308204001 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308205001 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308205002 LONGMONT,CO 80501 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205003 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205004 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205005 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205006 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205007 LONGMONT,CO 80501-4714 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131308204002&Part=131305000062 10/10/2003 AF1'iDAVIT OF INTERESTED LAW) OWNERS — Page 2 of 2 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205008 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204003 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204004 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204005 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204013 LONGMONT,CO 80501-4714 10345 UTE HWY LIFEBRIDGE CHRISTIAN CHURCH 131305000062 LONGMONT,CO 80504 C/O CHATEAU COMMUNITIES LONGVIEW COMMUNITY LLC 6160 S SYRACUSE WAY 131305000048 GREENWOOD VILLAGE,CO 80111 1835 FAITH PL VISTA OWNERS ASSOCIATION INC 131308106001 LONGMONT,CO 80501 1530 VISTA VIEW DR VISTA VIEW PROPERTIES LLC 131308102008 LONGMONT,CO 80503 http://maps.merrick.com/website/wcld/sctSgl.asp?cmd=buffer&PIN=1 3 1 3 08204002&Part=1 3 1 3 05 00001... 10/10/2003 AFFIDAVIT OF INTERESTED LA')) OWNERS — Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 131.308205001 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. `SatiVallink Signature Security Title Guaranty Co. D' �O` 3690 W. 10th St.,2nd Floor 63 Greeley, CO 80634 Date (970)356-3200 • FAX(970)356-4912 Toll Free: 1-888-825-3215 Property Owners Within 500 ft. of Parcel# 131308205001 NAME I MAILING ADDRESS (PARCEL IDENTIFICATION # C/O LYLE DENNING HORIZON INVESTMENT LLC 1835 FAITH PL 131308101009 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308204001 LONGMONT,CO 80501 C/O LYLE DENNING HORIZON INVESTMENTS LLC 1835 FAITH PL 131308205002 LONGMONT,CO 80501 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205003 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205004 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205005 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205006 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205007 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308205008 LONGMONT,CO 80501-4714 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131308205001&Part=131305000062 10/10/2003 AFFIDAVIT OF INTERESTED LiWJ) OWNERS — Page 2 of 2 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204002 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204003 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204004 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE 11 LLC 131308204005 LONGMONT,CO 80501-4714 1835 FAITH PLACE HORIZON INVESTMENTS PHASE II LLC 131308204013 LONGMONT,CO 80501-4714 10345 UTE HWY LIFEBRIDGE CHRISTIAN CI-LURCH 131305000062 LONGMONT,CO 80504 C/O CHATEAU COMMUNITIES LONGVIEW COMMUNITY LLC 6160 S SYRACUSE WAY 131305000048 GREENWOOD VILLAGE,CO 80111 1835 FAITH PL VISTA OWNERS ASSOCIATION INC 131308106001 LONGMONT,CO 80501 1530 VISTA VIEW DR VISTA VIEW PROPERTIES LLC 131308102008 LONGMONT,CO 80503 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131308205001&Part=13130500001... 10/10/2003 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Horizon) Subject Property: Township 2 North, Range 68 West, 6th P.M., Weld County, CO Section 8: Parcel I: Lot 2, Block 4 and Lots 3 & 4, Block 5, Second Corrected Plat of Vista Commercial Center Filing II, being part of the NW% Parcel II: Lot 1, Block 4 and Lots 1 & 2, Corrected Plat of Vista Commercial Center Filing, being part of the NW''% Minco LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado as same were posted at October 12, 2003. Dated this 21"day of October, 2003. MINCO LLC By: William G. Crews, CPL Certified Professional Landman#3477 Mineral Owners Mineral Leasehold Owners: Horizon Investments, LLC SOCO Wattenberg Corporation Norizon Investments Phase II, L.L.C. 1625 Broadway, Ste. 2000 P.O. Box 2485 Denver, CO 80202 Longmont, CO 80501 Steven A. Tracey 38725 WCR 35 Eaton, CO 80615 Lyeth-Burk Partnership MOO E Prentice Ave, Ste 1005 Englewood, CO 80111 9KarcoLLC Off axe Gas'file Services P.O. Boi336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 oft Fax(970)351-0867 James M. Martin 943 T Ave RR 1, Box 321 Council Grove, KS 66846-8777 Murray J. Herring 7500 W Mississippi Ave, Ste 6-3 Lakewood, CO 80226-4541 Top Operating Co 7500 W Mississippi Ave, Ste 6-3 Lakewood, CO 80226-4541 MbncoLLC Oil aniGas rtleServices P.O. Bar3V'437 (970)351-0733 Greeley,CO 80633-0606 Tv 2 oft Fitt(970)351-0867 10/20/2003 10: 35 1-?fi ' E_..-13^_0 DYED FEALTY INL PAGE 02 """' s�• '�c 0UJJ70/44u PATINA OIL&GAS CORP PAGE 02/0 2 PATINA OIL AB OAS CORPOIIATION 1623 Broadway, Butte 2000 Denver, calorado e0202 1-103) 369•3600 October 20, 2003 ISOs) 3894660 raa Weld County-Department of Planning Services 1555 N. 17th Avenue CirceIcy, CO 80631 Attention' Mr. Chris Gathman Re' Vista Commercial Center Township 2 North. Range 68 West,6th P.M. Section 8:Portions of N/2NE/4 Weld County,Colorado Dear Chris: Please be advised that Patina Oil & Otis Corporation ("Patina') has been contacted by Mr. Russ Stacey regarding the proposed abandonment/modification of an canal nt at the Vista Commercial Center on the captioned lands ( the "Property"). Patina operates the Saunders lfrust 8-2K8 oil and gas well ( the "Well"). associated pipelines and production facilities located on and in 'nediately adjacent to the Property. Patina has reviewed a plat of the area where the easement is to be abandoned or modified and we have determined it does not interfere or compmmise our Well, access, facilities or1fbturc rights on the Property, liPatina requests that these comments be entered into the recird for the proposed modification of the Jevclopment. , If you have any questions, please feel free to contact the undersi ned or Dave Padgett at O03)339-3600. Sincerely. PAT A OIL Rc S CORPORA ITON David W . pie /14 Vice President cc: Russ Stacey- Developer Fax (303)651-11120 P. David Padgett r ... 111, on vit._ essaita LEFT HAND WATER DISTRICT IIIIIIIIIIIM August 6, 1996 Mr. Russ Stacey Horizons Investments c/o Dyer Realty 430 Main St. Longmont, CO 80501 RE: Horizons Investments Dear Mr. Stacey: The property known as Horizons Investments, which is generally described as a portion lying within the south half of Section 5, Township 2 North, Range 68 West, and a portion located in the north half of the Section 8 Township 2 North, Range 68 West of the Prime Meridian, Weld County, Colorado. This property is located within the boundary of Left Hand Water District. It is Left Hand's intent to serve this property at some point in the future; of course with conditions for extension of service at the time of review. A tap application is on file (#1690). It is my understanding that this letter is to be used by the Weld County Planning Department. Please call me if you need any additional information. Sincerely, 71)/( David J. Sample, PE District Engineer ett1\I 3 aUG 2 2 1996 R P.O. Box 210 •Niwot CO. 80544• (303) 530-4200 • Fax (303) 530-5252 TNT at. ( Rain ana.nitation '/ )i5 ttiet (cSaint clan) JEIEp&on1 July 23, 1996 5,5 Nindatk St.,cSultr roo (303)776-9570 Jon jmoat,ee 5050i Department of Planning Services 10, 0 Weld County Administration Building 5'''" � 1400 North 7`h Avenue RECEDED ' L 2 9 295 Greeley, Colorado 80632 Re: Commitment to Service Horizon Investments (fka Richardson) P.U.D. Dear Sir: This letter was requested by Horizon Investments, L.L.C., concerning the following described real property. Approximately 144 acres comprising the N/2 of the N/2 of the N/2 of Section 8, T2N, R68W of the 6`h P.M., Weld County, Colorado. The property will be served by this District's municipal type collection system and aerated lagoon treatment plant constructed to Colorado Department of Health and Environment standards and operated subject to the Colorado Discharge Permit system. This development complies with the District's Master Plan. An 8-inch trunk line is available along the south side of Highway 119 in Weld County Road 5 to serve said property. Both the East and West parcels of this property are within the District. St. Vrain Sanitation District has 1852 SFE (single family equivalent) taps, of which 432 have been purchased, resulting in 1420 available for purchase. These taps are available to referenced property and other eligible properties on a first-come, first-serve basis. As the present supply of taps is consumed, the District plans to increase the size of its treatment plant to serve 5,555 SFE taps. These additional taps would also be made available on a first-come, first-serve basis. The above-referenced property is eligible to utilize the available supply of taps on a first-come, first-serve basis, subject to the following; a. Execution of a Line Extension and Service Agreement; b. Installation of 8 trunk and lateral lines in accordance with District standards and connection to the District's system by the applicant; c. Purchase of the required number of taps, as needed; and Department of Planning Services July 23, 1996 Page 2 d. Compliance with the District's Rules and Regulations. Should this property wish to obtain an absolute commitment to serve, taps may be prepurchased and held until needed. Monthly service charges will be assessed upon connection or twelve months after purchase, whichever comes first. Should you have any questions concerning this matter, do not hesitate to contact me. Very truly yours, ST. VRAIN SANITATION DISTRICT, By_ L.D. Lawson, P.E. Manager LLD:bjp cc: Pickett Engineers (Attn: Chris Pickett) Dyer Realty (Attn: Russ Stacey) Hello