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HomeMy WebLinkAbout20032623.tiff t, Town of Mead //Y�II► 1 � I P.O.Box 626 441 Third Street Mad"A Little Tow, Mead,Colorado 80542-0826 With a Big ewer" (970)535-4477 • September 3, 2003 CERTIFIED MAIL# 7003 1680 0001 6417 8211 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Frederiksen Farms Annexation. Gentlemen: Enclosed is a copy of the application, annexation maps and other supporting material for the proposed annexation of the Frederiksen Farms Annexation to the Town of Mead. This property is located in Weld County on approximately 160 acres at the southwest corner of WCR 7 and State Highway 66. The proposed development for the property calls for 105 acres of medium density residential (4-6 DU/Ac.), 28 acres for commercial/medium density residential, and 10 acres as an elementary school site. The remainder of the site, 11%, is to be dedicated for rights- of-way and protection of the oil well site on the property. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies and service providers as to the appropriateness of the annexation. Your comments are welcome and will assist the Board of Trustees and Planning Commission in their review of the proposal. We ask that your comments reach us no later than October 7, 2003. We ask that you forward your response directly to Samson, Pipis & Marsh, LLC, c/o Gary West, P.O. Box 1079, Longmont, CO 80502. Thank you for your cooperation and assistance. Very yours, (A242-614..a- Candace Bridgwater Town Clerk Cover Letter Referrals-Frederiksen Farms Annexatlon.wpa 8/29(03(9:48 em) -rue, G'9 jC_ (2,3 c_7; 2003-2623 FREDRIKSEN FARMS TABLE OF CONTENTS A. D-2 Form, Conceptual Plan Application and Decision Record B. D-4 Form, Fiscal Impact Analysis C. D-5 Form, Agreement for Payment of Review Expenses D. D-6 form, Agreement for Payment of Election Expenses E. Annexation Base Fees F. Letter of Intent G. Petition for Annexation H. Proof of Ownership I. Mailing List of Adjacent Property Owners J. Annexation Maps K. Northern Colorado Water Conservancy District Petition L. Warranty Deed for Non-tributary Water Rights M. Annexation Impact Report N. Concept Plan O. Preliminary Soils Report P. Preliminary Utility Report and Plan Q. Statement of Community Need R. Statement of School Impact S. Development Impacts T. Drainage Report U. Other Documentation V. Exhibit A —Legal Description TOWN OF MEAD LAND USE CODE FORM D-2 CONCEPTUAL PLAN APPLICATION AND DECISION RECORD FOR A MAJOR LAND USE CHANGE Applicable Section(s): Copies Required: A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number: Centex Homes Yvonne Seaman, Director of Land Acquisition & Planning 9250 E. Costilla Ave.#200 Greenwood Village, CO 80112 2. Legal description of the property proposed for the land use change: See Exhibit A(enclosed) 3. Proposed land use change located in Mead Performance District No. 1 4. Give a brief non-legal description of the existing land use of the site and of the general character of the use of adjacent lands. Existing Land Use: Agricultural 5. Give a brief non-legal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. Land Use Acreage Res. Units Com. S.F. MD-Medium Density Residential +/- 105 420 C-MD-Commercial-Medium Density Residential +/-28 Three alternatives 1. Com./Res. (17 ac. corn., 11 ac. res.) 44 192,492 2. All Commercial Alternative(28 ac. corn.) 0 380,148 3. All Residential Alternative (28 ac. res.) 116 0 PU-MD-Public Use-Medium Density Residential +/-10 Two alternatives 1. Public Use Alternative(Elementary School) 0 2. All Residential Alternative 40 TOTAL (Range Min. to Max.) +/- 160 420-576 192,492-380,148 Open space provided will meet requirements per Town of Mead regulations as follows: Sec. 16-20-80 (b) New residential developments shall be required to dedicate to the Town (or to a home-owners' association) a portion of the site which must be devoted to dedicated park land. The minimum dedication shall be eight-hundredths (0.08) acre per dwelling unit in the development. (c) New commercial or industrial developments shall be required to dedicate a minimum of eight percent (8%) of the gross acreage to be developed to the Town for park purposes. *See Attached Conceptual Land Use Plan. If the proposed land use change involves the annexation of land, the applicant must submit a petition and supporting documents in the form prescribed by C.R.S. 31-12-101, et seq. In addition, the applicant shall post a bond or other security as required by Section 17-1-4.1 of the Mead Land Use Code. 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [attach maps and sketches as necessary] See Conceptual Land Use Plan 7. A master development plan, if the land use change is proposed to be constructed in stages rrequiring separate reviews and approvals. /A 8. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. [attach drawings as necessary] N/A 9. The fiscal impact analysis, Form D-4. See Form Enclosed ( Frederiksen Farms—Annexation Application 10. Provide other information that the applicant believes will assist the Planning Commission and the Board of Trustees in making a fair decision. [attach additional sheets as necessary] See Letter of Intent and Statement of Community Need for Project 11. Signature of the Applicant: By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner Date: 4- A -0 3 Owner: Date: G- a -C>3 Applicant. Date: 5 ' -O3 dd' ' al signatures as necessary) STATE OF COLORADO ) L007J61h,O slugs uo in ��.. ) SS. COUNTY OF hoe) ,� ooD vk, e The foregoing instrument was ackno � -.&f r 1pb Y2 day of �V.itt Q. ,20O3 bY . a 41. er -i` Ilan! .. ; `. -i. f : 7� YOnnfr. Sear,an i My commission and expires:ic a lt _� _ Witness My hand and official seal. �jt � tt O , •4,vlO? c% No Public pie APPLICANT NOI`.c.a_ .'—;LOW THIS LINE-1"-e***...„'.... B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attomey: 4. Other Referrals: C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes[] No [] 2. The application is for a Major Land Use Change. Yes[] No [] 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [] No [] 4. If the application is for the annexation of property, has the annexation question benn submitted to, and approved by the electorate? Yes [] No [] D2GORM.WP6 October 26,1995 5. The application is: [ ] approved [ ] disapproved [ )approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Planning Commission of Mead, Colorado, this day of , 20_ ATTEST: Secretary to the Commission Chairman E. Action by the Board of Trustees. 1. The application is complete. Yes [ ] No[ ] 2. The application is for a Major Land Use Change. Yes [ ) No [ ] 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ ] No [ ) 4. The application is: [ ] approved [ ]disapproved [ ]approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead,Colorado, this day of , 20 ATTEST: Town Clerk Mayor Frederiksen Farms—Annexation Application 3 TOWN OF MEAD LAND USE CODE FORM D-4 FISCAL ANALYSIS (Required for all Conceptual and Final Applications) (for Major Land Use Changes) Applicable Section(s): Copies Required: Applicant's name, address and telephone number: Centex Homes Yvonne Seaman, Director of Land Acquisition & Planning 9250 E. Costilla Ave.#200 Greenwood Village, CO 80112 303-782-9811 Name of the Project: Frederiksen Farms REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units f $113,208,175 114) x factor f 9.15% 112) =Assessed Valuation J $10,358,548 I Market value all multi-family unitsJ 11'I x factor J 9.15% 1(2) = Assessed Valuation J N/A 1 Market value all mobile home units J ll't x factor J 9.15% 112) = Assessed Valuation J N/A 1 Market value all non-residential structures J $19,850,300 1"I x factor J 29% 112) = Assessed Valuation f $30,208,8481 Total Assessed Valuation J $40,567,3961 Total Assessed Valuation J $40,567,396 1 x Town mill levy J12.364 mills 113' =Town Property Tax Revenue J $501,575 1 Total Assessed Valuation J $40,567,396 1 x School mill levy 141.025 41.025 mills 1t3f= School Property Tax Revenue J $1,664,277 I (1)Developer's projected market value. m Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ni Contact the Town Clerk for current factors. Frederiksen Farms—Annexation Application 1 Total Assessed Valuation J $40 567,396 1 x Fire District mill levy J 7.817 mills 113} = Fire District Property Tax Revenue J$317,115 1 Total Assessed Valuation J $40,567.396 1 x County mill levy f 20.056 mills 1131 = County Property Tax Revenue j$813,620 1 Total Assessed Valuation j $40,567,396 1 x all other mill levies f 4.874 mills 1131= Other Property Tax Revenue J $197,725 1 Total Property Tax Revenue J $3,494,3121 2. Sales Tax Sales Tax. Population in the development J 1,306 1 x the last year's per capita collection J $48.46 1(3) = total annual sales tax revenue J $63,288 1 3. Water Revenue (Longs Peak) Water Revenue. Population in the development f 1,306 1 x the last year's per capita collection [ $144.34 ]13) =total annual sales tax revenue J N/A 1 4. Sewer Revenue (St. Vrain) Sewer Revenue. Population in the development f 1,306 1 x the last year's per capita collection [ $75.21 ]13) = total annual sales tax revenue J N/A 1 5. Other Revenue Other Revenue (taxes,fees, permits, etc.). Population in the development J 1,306 1 x the last year's per capita collection f $65.80 1(3) =total annual sales tax revenue J $85,935 1 TOTAL RECURRING REVENUE J $3,643,535 I B. One-Time Revenues. 1. Building Permits. Market value of structure(s)J $133,058,475 1")x factor[0.0099375 + $30.00/BP ](3) = building permit revenue J $1,341,544 1 2. Use Taxes. Market value of structure(s) f $133,058.475 I") x 50% x 2% = use tax revenue J $1,330,584 1 ")Developer's projected market value. mr Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (3)Contact the Town Clerk for current factors. Frederiksen Farms—Annexation Application 2 3. Water Plant Investment. Total taps x factor f $5,100 1(3)=total PIF f N/A 1 4. Sewer Plant Investment. Total taps x factor J $3.000 r= total PIF J N/A 1 TOTAL ONE TIME REVENUE J $2,672,128 1 II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development J 160 1 x 4% x factor j$2,2871(3) = total street maintenance costs f $14,637 I 2. Police Protection. Projected population at full development J 1,306 1 x per capita cost of police protection J $23.87 1(3) = total police protection costs f $31,174 3. General Government. Projected population at full development J 1,306 1 x per capita cost of general government I $87.18 1(3) =total general government costs f $113,857 1 4. Parks and Recreation. Projected population at full development J 1,306 1 x per capita cost of park maintenance J $10.00 113) = total park maintenance costs t $13,060 1 Projected population at full development]. 1,306 1 x per capita cost of recreation program [ $50.00 113) = total recreation program costs I $65,300 1 5. Water Treatment and Delivery. Projected population at full development J 1,306 1 x per capita cost of water treatment and delivery J $221.42 1(3)= total water costs J N/A 1 (')Developer's projected market value. 12)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. 13)Contact the Town Clerk for current factors. Frederiksen Farms—Annexation Application 3 6. Sewer Collection and Treatment. Projected population at full development f 1.306 1 x per capita cost of sewer collection and treatment J $100.20 1(3) =total sewer costs f N/A I 7. Storm Water and Drainage. Projected population at full development f 1,306 1 x per capita cost of storm water and drainage maintenance f 1(3) = total storm water costs J N/A 1 TOTAL RECURRING COSTS J $238.028 1 B. One-Time Costs. 1. Park and Recreation. Projected population at full development J 1,306 1 x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities [ $65.00 ](3' = total recreation facilities costs f $84,890 1 2. Water Plant. Projected population at full development '. 1,306 1 x gallons per capita f 220 oat 1(3)x cost per gallon of capacity J $5.50 123} = total cost of water plant J N/A 1 3. Sewer Plant. Projected population at full development J 1,306 1 x gallons per capital 120 pal. 1(3)x cost per gallon of capacity J $3.50 1")= total cost of sewer plant f N/A I TOTAL ONE-TIME COSTS I $84.890 1 TOTAL RECURRING REVENUES f $3,643.5351 TOTAL RECURRING EXPENDITURES f $ 238,0281 DIFFERENCE f $3,405,5071 TOTAL ONE-TIME REVENUES f $2,672,128 1 TOTAL ONE-TIME EXPENDITURES J $ 84.8901 DIFFERENCE f $2,587,2381 a+*xa+:o-e*«,rww.********t«.w+******r++e**************w*r..x,*xw,*r.*tx.ax.t NOTE: All dollar amounts are based on a single-family residential unit count of 475 homes. These dollar amounts may increase or decrease based on applied zoning uses and subsequent residential unit counts. The current range is between 420 to 576. (')Developer's projected market value. 2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. ( (3)Contact the Town Clerk for current factors. Frederiksen Farms—Annexation Application 4 III. Signature of the Applicant. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s)of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) TOWN OF MEAD OWNER/DEVELOPER Corporate name if applicable Byie Richard E. Kraemer, Mayor By err�' Attest: By Candace Bridgwater,Town Clerk (lYl JPrxVv an STATE OF COLORADO) SS. COUNTY OF The foregoino instrument was acknowledged before me this day of 20 _ _by, as Mayor and as Town Clerk of Mead. My commission expires: Witness My hand and official seal. Notary Public STATE OF COLORADO) SS. COUNTY OFchoe ) The foregoing instrument was acknowledged before me this 2 day of JU n t? , 20 e/3 bvt3ruee J, Freder'.ksen,north n Crederikce,es Owner/Developer. Yvonne Sectwwm My commission expires:S l41 0'7 Witness My • seal. /_ '/-y)Cf�J l7� �0 Nota Public i •�� y.OylI My Commission Spires 03/1412037 Frederiksen Farms—Annexation Application 5 TOWN OF MEAD LAND USE CODE FORM D-5 AGREEMENT FOR PAYMENT OF REVIEW AND DEVELOPMENT EXPENSES INCURRED BY THE TOWN THIS AGREEMENT, made and entered into this day of , A.D. 20_, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Centex Homes, 9250 E. Costilla Ave. #200, Greenwood Village, CO 80112, hereinafter referred to as "the Owner," WITNESSETH: WHEREAS, the Owner owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: A tract of land located in the Northeast Quarter of Section 28, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado; Being all of said Northeast Quarter except that portion identified as conveyed to the Colorado Department of Highways and described in the deed recorded at Book 1553, Page 503 (Reception Number 325665) of the records of said county; Subject to the above and encompassing no more or less land than contained therein; said tract is additionally described as follows: Considering the east line of said Northeast Quarter as bearing South 00°22'47" East 2,651 .97 feet (determined by static GPS observations) from a found No. 6 rebar with a 2 in. aluminum cap (LS 23500) at the northeast corner to a found No. 6 rebar with a 2 in. aluminum cap (LS 18475) at the southeast corner and with all bearings contained herein relative thereto; BEGINNING at said northeast corner; thence along said east line, South 00°22'47" East 2,651.97 feet to said southeast corner; thence along the south line of said Northeast Quarter, South 89°01'14" West 2657.71 feet to a set No. 6 rebar with a 2 in. aluminum cap (LS 34176) at the southwest corner thereof; thence along the west line of said Northeast Quarter, North 00°05'08" West 2,587.46 feet to a point on the southerly right-of-way line of Colorado State Highway No. 66; said point being the beginning of a non-tangent curve concave to the northwest; to which point a radial line bears South 00°59'33" East; said curve having a radius of 11,505.00 feet, a central angle of 04°16'44" and a chord which bears North 86°52'05" East 859.00 feet; thence along said right-of-way line and the arc of said curve 859.20 feet; thence continuing along said right-of- Frederiksen Farms—Annexation Application 1 way line, North 84°43'43" East 434.42 feet to the north line of said Northeast Quarter; thence along said north line, North 89°01'28" East 1,353.51 feet to the POINT OF BEGINNING. The above-described tract contains 160.160 acres more or less, and is subject to easements and rights of way of record or in place. WHEREAS, the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS, the Owner desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of Annexation; and WHEREAS, the Parties hereto recognize that the land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, engineering services, attorney fees,consultant fees, reproduction of material, public hearing expenses and recording documents; and WHEREAS, the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the project, including but not limited to engineering services, attorney fees, consultant fees, reproduction of material, securing permits and easements; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred will be made available to the Owner by the Town. Expenses charged to the Owner's account shall include, but shall not be limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. 2. EXPENDITURE OF FEES PAID BY THE OWNER. The Town shall expend the monies collected from the Owner in the form of land use fees, in the payment of expenses incurred in processing the Owner's request, through the development process until final completion of the project, including, but not limited to, fees charged to the Town for legal publications, engineering services, attorney services, consultant services, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. Frederiksen Farms— Annexation Application 2 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request, through the development process until final completion of the project, greater than the monies collected from the Owner in the form of land use fees, the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10) days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF, the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment,the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or s�Application.) fira,aky Owner: ' Owner: Cek \ -q-`6 1100.re5 Applicant: (attach additional signatures as necessary) ATTEST: TOWN OF MEAD By Town Clerk Mayor STATE OF COLORADO ) SS. COUNTY OF Pcrg2ruoe ) The foregoing instrument was acknowledged before me this 2 day of flav P 200S_by Inarsrw Fire:ler'Acstn fru re W.Vitae( KSei, 'Cvonhc Se-0%4A My commission expires: Sit4{{2na-7 ER \ Witness My hand and official seal. c1���• " �'Zt\t %> ÷OTA,gJ p2++ + Notary u is i i N9e%1/4'8 L.,QoS SFORMP5 Ogober25,1995 FO\COt-OPP D .W My Commission Expires 03/14/2007 TOWN OF MEAD LAND USE CODE Form D-6 AGREEMENT FOR PAYMENT OF ANNEXATION ELECTION EXPENSES THIS AGREEMENT, made and entered into this day of , A.D. 2003, by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Centex Homes, 9250 E. Costilla Ave. #200, Greenwood Village, CO 80112, hereinafter referred to as "the Applicant," WITNESSETH: WHEREAS, the Applicant is the owner of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to-wit: A tract of land located in the Northeast Quarter of Section 28, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado; Being all of said Northeast Quarter except that portion identified as conveyed to the Colorado Department of Highways and described in the deed recorded at Book 1553, Page 503 (Reception Number 325665) of the records of said county; Subject to the above and encompassing no more or less land than contained therein; said tract is additionally described as follows: Considering the east line of said Northeast Quarter as bearing South 00°22'47" East 2,651 .97 feet (determined by static GPS observations) from a found No. 6 rebar with a 2 in. aluminum cap (LS 23500) at the northeast corner to a found No. 6 rebar with a 2 in. aluminum cap (LS 18475) at the southeast corner and with all bearings contained herein relative thereto; BEGINNING at said northeast corner; thence along said east line, South 00°22'47" East 2,651.97 feet to said southeast corner; thence along the south line of said Northeast Quarter, South 89°01'14" West 2657.71 feet to a set No. 6 rebar with a 2 in. aluminum cap (LS 34176) at the southwest corner thereof; thence along the west line of said Northeast Quarter, North 00°05'08" West 2,587.46 feet to a point on the southerly right-of-way line of Colorado State Highway No. 66; said point being the beginning of a non-tangent curve concave to the northwest; to which point a radial line bears South 00°59'33" East; said curve having a radius of 11,505.00 feet, a central angle of 04°16'44" and a chord which bears North 86°52'05" East 859.00 feet; thence along said right-of-way line and the arc of said curve 859.20 feet; thence continuing along said right-of- way line, North 84°43'43" East 434.42 feet to the north line of said Northeast Quarter; thence along said north line, North 89°01'28" East 1 ,353.51 feet to the POINT OF BEGINNING. The above-described tract contains 160.160 acres more or less, and is subject to easements and rights of way of record or in place. Frederiksen Farms—Annexation Application 1 WHEREAS, the Applicant desires to annex said property and has made application to the Board of Trustees of the Town of Mead for approval of said annexation; and WHEREAS, the Parties hereto recognize that the annexation election fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in conducting the required annexation election, including, but not limited to, legal publications, printing and supplies, election judge fees and attorney fees. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF ANNEXATION ELECTION EXPENSES. The Town will maintain separate accounts of all monies expended in conducting the required annexation election. Statements of expenses incurred will be made available to the Applicant immediately following the election. Expenses charged to the applicant's account shall include, but shall not be limited to legal publications, printing and supplies, election Judge fees and attorney fees. 2. EXPENDITURE OF FEES PAID BY THE APPLICANT. The Town shall expend the monies collected from the Applicant in the form of annexation election fees, in the payment of expenses incurred in the conduct of the required annexation election. 3. PAYMENT OF ANNEXATION ELECTION COSTS BY THE APPLICANT. In the event that the Town incurs expenses for the conduct of the required annexation election greater than the monies collected from the Applicant in the form of annexation election fees, the Applicant shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10) days of the Town submitting an invoice for the expenses. Failure by the Applicant to pay within the specified time shall be cause for the Town to cease processing the application and/or deny approval of the application. In the event that the Town incurs expenses for the conduct of the required annexation election that is less than those collected from the Applicant in the form of annexation election fees, the. Town shall return to the Applicant those monies not spent. Frederiksen Farms—Annexation Application 2 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Applicant may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the applicant. e.g., notify newspapers to cancel publications,etc. The Applicant will continue to be liable for all costs reasonably incurred by the Town prior to,and after, submitting a notice of termination. 5. COLLECTION OF FEES AND COSTS. If the Applicant fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18%per annum. IN WITNESS WHEREOF, the Town and the Applicant have caused this Agreement to be duly executed on the day and year first above written. THE PLICANT ry1t Bye . MM � [jl� /✓� C. - .J Its / Vet / v��; C) a 91Gv\v)�v.c , tec!O c J �rf{- An By Its THE TOWN OF MEAD By Its ATTEST: By Its D-6FDRM.W P5 October 26,1995 FREDERIKSEN FARMS Base Fees Application fee—Annexation $ 300.00 Application fee— Concept Plan $ 50.00 Engineering plans check fee $ 350.00 Cash deposit for reimbursement of Town's cost of processing, etc. $5,000.00 Cash deposit for election costs $ 500.00 Cash deposit or LOC for extending streets, utilities, etc. $(estimated by Town Engineer) Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Letter of Intent June 2, 2003 Michael D. Friesen, Town Administrator Town of Mead 441 Third Street Mead, CO 80542-0626 RE: Annexation Application — Frederiksen Farms (Frederiksen Property) Dear Mr. Friesen: We respectfully request annexation of the approximately 162-acre, Frederiksen Farms (Frederiksen Property), into the Town of Mead for the purpose of creating a mixed-use development including residential, and commercial and public uses. It is our hope that such a development will provide the Town of Mead with additional sources of revenue and will provide its citizens with additional housing, retail and employment choices. Furthermore, it is our intention for this development to provide a high quality environment in which people can live, work and play. PROJECT LOCATION AND DESCRIPTION This tract of land lies to the southwest of County Road 7 and State Highway 66, approximately 1 mile west of Interstate 25. The adjacent right-of-way for County Road 7 is included in the area to be annexed. This development proposes the following land uses: Land Use Acreage Res. Units Com. S.F. MD-Medium Density Residential +1- 105 420 C-MD-Commercial-Medium Density Residential +/-28 Three alternatives 1. Com./Res. (17 ac. corn., 11 ac. res.) 44 192,492 2. All Commercial Alternative (28 ac. corn.) 0 380,148 3. All Residential Alternative (28 ac. res.) 116 0 PU-MD-Public Use-Medium Density Residential +/- 10 Two alternatives 1. Public Use Alternative (Elementary School) 0 2. All Residential Alternative 40 TOTAL (Range Min. to Max.) 420-576 192,492-380,148 *Open space provided will meet requirements per Town of Mead regulations as follows: Sec. 16-20-80 (b) New residential developments shall be required to dedicate to the Town (or to a home- owners' association) a portion of the site which must be devoted to dedicated park land. The minimum dedication shall be eight-hundredths (0.08)acre per dwelling unit in the development. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Letter of Intent (c) New commercial or industrial developments shall be required to dedicate a minimum of eight percent(8%) of the gross acreage to be developed to the Town for park purposes. (See Attached Conceptual Land Use Plan). Please feel free to contact us with questions and requests for additional information. Your prompt consideration and action on this proposal will be greatly appreciated. Sin rely, r Yv re Seaman enteb< Homes Land Acquisition and Planning Director r Frederiksen Farms—Annexation Application 2 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: (I/We), , the undersigned landowner(s), in accordance with Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory described be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership,whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00)for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect cf extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. Mnexation Petition October 26,1995 1 k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Mead will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Mead but is not bounded on both sides by the Town of Mead. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks: d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Mead and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification (land use)requested for the area proposed to be annexed is in Performance District 1. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner ( (-„f- 61/- � Date: Owner: V27/7.,W/� 1 Date: Applicant: V t`�-V\,) _--.#T. il'-I4,/\ Date: 5 ` -arch L-3 4� ( additional signatures as necessary) STATE OF COLORAD ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of c‘n.a l� 200 bye)rucs In. ;i rde; ri.sPfl; fnRrgha t=red e s ;i.r5 n; -Vuonrte bea-man My commission expires: 31144i9-.067 Witness My hand and offici �F q ?14" w, Yt.4 : ( .ti V V\ZNk •••••••••.. .% Notary P blic • • Annexation Petition October 26,1995 ff+ .• A V O .O � 2 F CO\P thy Commission Expires 03/14/2007 FREDERIKSEN FARMS -SIGNED DOCUMENTS Party Signed Date Signed Document Signed Yvonne Seaman 5/29/03 City Annexation Document Bruce Frederiksen 5/29/03 City Annexation Document Marsha Frederiksen 5/29/03 City Annexation Document AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF-t\ropcCbrye.- ) \keep . ¶beanna✓\ being first duly sworn upon oath, deposes and says that (he or she)was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of[ ) pages including this page and that each signature hereon s witnessed by your affiant and is the signature of the person whose name it purpo be. irculator STATE OF COLORADO ) COUNTY OF ) SS. The foq regoing instrument was acknowledged before me this 2. day of ;Mine 200 by Yonne 5 actor=n My commission expires:a l-0-0o" Witness My hand and official seal. , i tea\ �, na '`1:�'tC .-.�R HqR Notary Public Aq O • c.9:Af.` oO _\ ;OL My Comn.:z on Expires 0311412007 Annexation Petition October26.1995 4 Frederiksen Farm Proof of Ownership 1. See attached Title Commitment 2. Mineral Rights — Mineral Rights have not been severed form the property 3. Oil and Gas rights NE1/4 of Section 28 1 well Encana Engineering Resources, Inc Mike Holland 950 17th Street Suite 2600 Denver, CO 80202 303-623-2300 1 I COMMERCE TITLE "A National Reputation for Personal Service" DELIVERY RECEIPT OrderNo.: 03-80-3804 C-2 Date: May 28, 2003 Buyer: Centex Homes, a Nevada General Partnership Seller/Owner: Frederiksen Trust Property Address: Vacant Land, Mead, Colorado COPIES HAVE BEEN SENT TO: Distribution List: Method of Delivery: Orr Land Company Mark Drouhard 826 9th Street Greeley, Colorado 80631 US MAIL Centex Homes Yvonne Seaman 9250 E. Costilla Avenue #200 Englewood, Colorado 80112 COURIER Frederiksen Trust 13981 Weld County Rd. 7 Longmont, CO 80504 US MAIL Centex Homes Don Booth 9250 E. Costilla Avenue, #200 Englewood, Colorado 80112 COURIER Attached please find the following: This revision includes the following changes: C-2 : Update, no changes When making escrow inquiries,please contact: Tanya Martinez at your Escrow Office at 970/266-0306 or Fax 970/266-0320 Referenceourorderno.: 03-80-3804 C-2 Commerce Title Company 300 E. Boardwalk Drive, Bldg.4B Ft. Collins, CO 80525 COCDEL �ll COMMERCE TITLE 'A National Reputation for Personal Service" COMMITMENT FOR TITLE INSURANCE Schedule A Commit:nent Number: 03-80-3804 C-2 1. Effective date: May 14, 2003 at 7:00 A.M. 2. Policy or policies to be issued: Amount Premium (A) ALTA Owner's Policy - Proposed Insured: Sala_ arm Centex Homes, a Nevada General Partnership (S) ALTA Loan Policy - Proposed Insured: $ a $ (C) ALTA Loan Policy - Proposed Insured: $ $t Tax Certificate TOTAL $� 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 The Bruce and Marsha Frederiksen Loving Trust and 3ruce and Marsha Frederiksen, Trustees of The Bruce and Marsha Frederiksen Loving Trust 4. The land referred to in this Commitment is described as follows and shall hereinafter be referred to as the "Property": The NE1/4 of Section, 28, Township 3 North, Range 68 West of the 6th P.M. , EXCEPT that portion conveyed to The Department of Highways, State of Colorado by Executors Deed recorded March 18, 1960 in Book 1553 at Page 503, AND EXCEPT any portion of subject property lying in roads along the Westerly, Southerly or Easterly property lines as shown on the Weld County Assessors Map, County of Weld, State of Colorado. Purported Address: Vacant Land Mead, Colorado Issued at: Denver, Colorado Issued by: Commerce Title Company As agent for: on: May 28, 2003 STEWART TITLE GUARANTY COMPANY CHICDTCT REQUIREMENTS CommitmentCommitment Number: 03-80-:804 0-: The following are the requirments to be complied with: Item a. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. :tem b. Proper instruments) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Trust Agreement or Trust Affidavit, or other evidence satisfactory to The Company, that Bruce W. Frederiksen had authority to convey subject property from The Waldemar Frederiksen Loving Trust and The Gladys Frederiksen Loving Trust as described in various deeds of record. • 4 2. Warranty Deed from The Bruce and Marsha Frederiksen Loving Trust and Bruce and Marsha Frederiksen Loving Trust and Bruce and Marsha Frederiksen, Trustee of The Bruce and Marsha Frederiksen Loving Trust to Centex Homes, a Nevada general partnership, sufficient to convey the fee simple estate of interest in the land described or referred to herein. Note: Section 38-35-109 (2) of the Colorado revised statutes, 1973 , requires that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. 3 . Statement of Authority for The Bruce and Marsha Frederiksen Loving Trust, according to C.R.S. 38-30-172. 4 . A satisfactory ALTA survey, certified to Commerce Title Company and Stewart Title Guaranty Company must be furnished to the Company. Exception will be 1 taken to any adverse matters disclosed thereby. 5 . Payment of all taxes and assessments now due and payable. Receipt by the Company of the agreement indemnifying it against unfiled mechanic's and materialmen's liens. Note: Treasurer's Certificate of Taxes due has been ordered, but not yet received by the company. NOTICE: In the event we are requested to perform closing functions in connection with the proposed transaction, we must require, as a condition of closing, information from the seller, as required by the Tax Reform Act of 1986, including the Seller's tax identification number or Social Security Number and forwarding address. C:riGUULL• B - 2 EXCEPTIONS Commitment Number: 03-80-3804 0-2 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 records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquired 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 an act authorizing the issuance thereof; water rights, claims or title to water. 7 . Taxes for the year 2003, and subsequent years; special assessments or charges not certified to the County Treasurer. NOTE: IF THE FIRST ONE-HALF OF TAXES FOR THE YEAR 2002 ARE PAID, THE ABOVE EXCEPTION WILL BE REVISED TO READ AS FOLLOWS: Taxes for the second half of the year 2002 now due and payable, but not yet delinquent, and subsequent years; special assessments or charges not certified to the County Treasurer. (NOTE: This will appear on the Owner's Policy only, if applicable. ) Taxes for the year 2003, a lien, but not yet due or payable. NOTE: IF THE FIRST ONE-HALF OF TAXES FOR THE YEAR 2002 ARE PAID, THE ABOVE EXCEPTION WILL BE REVISED TO READ AS FOLLOWS: Taxes for the second half of the year 2002 now due and payable, but not yet delinquent. (NOTE: This will appear on the Loan Policy only, if applicable. ) 8. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted as reserved in United States Patent for the Nl/2 NE1/4 of said Section 28 recorded November 21, 1881 in Book 20 at Page 338. 9 . The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted as reserved in United State Patent for the S1/2 NE1/4 of said Section 28, recorded December 10, 1881 in Book 131 at Reception No. 147949. 10. Rights of way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273 . 11. Right of Way Easement for utility lines and incidental purposes granted to Tri-State Generation and Transmission Association, Inc. over the South 50 feet - Commitment Number: 03-30-3804 of the NE1/4 of said Section 28 by instrument recorded February 22, 1978 in Book 823 at Reception No. 1745182 . 12. Oil and Gas Lease, and the terms and conditions therein, between Jens Waldemar Frederiksen and Gladys M. Frederiksen, as lessor(s) and W.B. Macey and Paul M. Mershon, as lessee (s) , recorded April 11, 1979 In Book 865 at Reception No. 1787001, and any interests therein or rights thereunder. 13 . Reservation by grantor of all gas, oil and minerals and covenants relating to said reservation in Executros Deed to The Department of Highways, State of Colorado recorded March 18, 1960 in Book 1553 at Page 503. 14. Permanent Easement for relocating irrigation ditch as granted to Carl Adler and J.M. Walker by instrument recorded March 18, 1960 in Book 1553 at Page 508. 15. Right-of-way Easement for water pipelines and incidental purposes granted to Longs Peak Water Assocition by instrument recorded August 22, 1960 in Book 1564 at Page 464 and Quit Claim Deed conveying all rights-of-way, easements and rights of use within Weld County to Longs Peak Water District in instrument recorded January 2, 1992 in Book 1321 at Reception No. 02273800. 16. Right-of-way Grant to Panhandle Eastern Pipe Line Company for two pipelines and incidental purposes recorded January 26, 1984 in Book 1019 at Reception No. 01954197 . 17 . The effect of the Town of Frederick, Colorado Ordinance No. 67 concerning the Southwest Weld Service Area Road Impact Fee Program recorded September 16, 2002 at Reception No. 2987975. 18. The effect of the inclusion of the subject property in the Longmont Soil Conservation District, as disclosed by the instrument recorded April 2, 1946 in Book 1177 at Page 393 . 19. The effect of the inclusion of the subject property in the Longmont Fire Protection District, as disclosed by the instrument recorded January 31, 1961 in Book 1575 at Page 202 . 20. The effect of the inclusion of the subject property in the St. Vrain and Left Hand Canyon Water Conservancy District, as disclosed by the instrument recorded May 3, 1971 in Book 645 at Reception No. 1566753 . 21. Any existing leases or tenancies. '1 DISCLOSURES DISCLOSI JRE PURSUANT TO COLORADO REVISED STATIJTES SECTION 10-11-122 THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT: 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. NOTICE TO PROSPECTIVE OWNERS REQUIRED BY COLORADO INSURANCE REGULATION 3-5-i WHEN THE COMPANY CONDUCTS THE CLOSING AND IS RESPONSIBLE FOR RECORDING OR FILING THE LEGAL DOCUMENTS RESULTING FROM THE TRANSACTION,THE COMPANY SHALL BE RESPONSIBLE FOR ALL MATTERS WHICH APPEAR ON THE RECORD PRIOR TO SUCH TIME OF RECORDING OR FILING. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS$100,000.00,THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22- 604.5(NON-RESIDENT WITHHOLDING). EXCEPTION NO.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 [N 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. THE COMPANY MUST RECEIVE PAYMENT OF THE APPROPRIATE PREMIUM. E. ANY DEVIATION FROM CONDITIONS A THROUGH D ABOVE ARE SUBJECT TO ANY ADDITIONAL REQUIREMENTS OF INFORMATION AS THE COMPANY MAY DEEM NECESSARY. IF THERE HAS BEEN ANY CONSTRUCTION,IMPROVEMENTS OR MAJOR REPAIRS UNDERTAKEN ON THE PROPERTY TO BE PURCHASED,WITHIN 13 MONTHS PRIOR TO THE DATE OF THE COMMITMENT,THE REQUIREMENTS TO OBTAIN COVERAGE FOR UNRECORDED LIENS WILL INCLUDE: DISCLOSURE OF CERTAIN CONSTRUCTION INFORMATION;FINANCIAL INFORMATION AS TO THE SELLER,THE BUILDER AND/OR THE CONTRACTOR;PAYMENT OF THE APPROPRIATE PREMIUM;FULLY EXECUTED INDEMNITY AGREEMENTS SATISFACTORY TO THE COMPANY;AND,ANY ADDITIONAL REQUIREMENTS AS MAY BE NECESSARY AFTER AN EXAMINATION OF THE AFORESAID INFORMATION BY THE COMPANY. NO COVERAGE WILL BE GIVEN UNDER ANY CIRCUMSTANCES FOR LABOR OR MATERIAL FOR WHICH THE INSURED HAS CONTRACTED FOR OR AGREED TO PAY. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. DISC-NOT NOTICE PURSUANT TO CRS I0-I 1-123, NOTICE IS HEREBY GIVEN THAT THERE IS RECORDED EVIDENCE THAT THE MINERAL ESTATE,OR A PORTION THEREOF, HAS BEEN SEVERED,LEASED OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE. THERE IS A.SUBSTANTIAL LIKELIHOOD THAT A THIRD PARTY HOLDS SOME OR ALL INTEREST IN THE OIL,GAS,OTHER MINERALS,OR GEOTHERMAL ENERGY IN THE SUBJECT PROPERTY. SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION. NOTE: THIS NOTICE APPLIES TO OWNER'S POLICY COMMITMENTS CONTAINING A MINERAL SEVERACE INSTRUMENT EXCEPTION,OR EXCEPTIONS. IN SCHEDULE B,SECTION 2. WIRING INSTRUCTIONS Compass Bank, Texas ABA - 113010547 Account # - 88764161 Please reference name and Commitment number PRIVACY POLICY NOTICE Dear Customer: While the security and privacy of customer information has always been a priority of the Commerce Title family of companies, recent legislation now requires us to explain to our customer the ways in which we collect and use customer information. The statement attached to this letter is the privacy policy of the Commerce Title family of companies. Commerce Land Title, Inc., Commerce Title Company of New Mexico, LLC, Commerce Land Title Agency, LLC, Commerce Title Agency and Metropolitan Title and Guaranty, Inc. - may issue policies and handle real estate closings in various parts of the country. These companies may do business or operate under the name of"Commerce Title Company" or "Commerce Title Insurance Company." A number of other companies in the family provide other real estate and insurance services. You may review a list of Commerce Title family of companies on our website (www.centextitle.com). The attached Privacy Notice also applies to our website. The Commerce Title family of companies appreciates the trust you place in us when you transact business with us. You trust us with your private, personal information when you purchase title insurance or other services from us. We are committed to protecting the privacy, accuracy, and security of customer information given to us. We do not sell information about you to others. No response to this notice is required, but if you have questions,please write to us: Commerce Title Family of Companies - Privacy P.O. Box 199000 Dallas, TX 75219-9000 Commerce Title Family of Companies Title Insurance Companies: Commerce Title Insurance Company Title Agents: Benefit Land Title Company; Commerce Land Title, Inc.; Commerce Land Title Agency, Inc.; Commerce Title Company; Commerce Title Company of New Mexico, LLC; Commerce Title Ventures, LLC;Diamond Title Company, LLC; Infinity One Title Services, LLLP; Metropolitan Title& Guaranty, Inc.; Realty Title Professionals, Ltd., LLLP; Venture Title Agency, Ltd., LLLP Insurance Agents: Dundee Insurance Agency, Inc.; Westwood Insurance Agency, Inc.; Westwood Insurance Agency of Arizona; Westwood Insurance Agency of Nevada Ancillary Services: Benefit Asset Management Co.; Metropolitan Tax Services,Inc.;OptimalS.com,LLC PPN nvsr YoOr Vole•Pam'.' Rnryil laid ride Company C'anrnrr �er Land Title.inc. dead(Land title lnsmmnee Commie' Commeere ammr,re flu,,lima-ante<'nnrpnnv Metropolitan Titled Tilde Conn Inc• PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom that information may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of the Commerce Title family of companies. What kinds of information we collect We collect nonpublic personal information about you, and information about your transaction, from the following sources: • Information we receive from you on applications, contracts or other forms (such as your name, address, telephone number, or social security number). • Information about your transactions that we secure from our files, or from our affiliates or others (such as the identity of the real property you are buying or financing) • Information we receive from a consumer-reporting agency. • Information that we receive from others involved in your transaction, such as the lender, attorney or real estate broker (such as appraisals, credit reports, land surveys, escrow balances, and sometimes bank account numbers). Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. How we use this information. The Commerce Title family of companies giving this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. PPH CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, 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 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 show 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. I ltilll otti lltllll III IIII iIIIII III I IIl III HI IIII IIII 29S7976 09/16/2002 02:45P Weld County, CO 1 of 9 A 46.00 D 0.00 J.A. "Said"7eulamoto 976 TOWN OF FREDERICK, COLORADO ORDINANCE No. 627 AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO, AMENDING ARTICLE VIII OF CHAPTER 4 OF THE FREDERICK MUNICIPAL CODE CONCERNING THE SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE PROGRAM. WHEREAS,a new road impact fee study was completed by Duncan Associates in June,2001, and WHEREAS,the Southwest Service Area Road Impact Fee Board after reviewing the study, has recommended a reduction in the size of the service area and a corresponding reduction of 28 percent in Road Impact Fees. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO,AS FOLLOWS: Section 1. The schedule of fees in Sec.4-207 C.1. is repealed in its entirety and replaced with Table A- "Road Impact Fee Schedule", attached hereto and incorporated by reference. Section 2. Exhibit A in Sec.4-213 is repealed in its entirety and replaced with a new Exhibit A- "Southwest Service Area Road System"attached hereto and incorporated by reference. Section 3. Exhibit B in Sec 4.214 is repealed in its entirety and replaced with a new Exhibit B-"Southwest Weld Service Area Road Capital Improvement Plan"attached hereto and incorporated by reference. Section 4. Exhibit C in Sec 4-215 is repealed in its entirety and replaced with a new Exhibit C -"Southwest Weld Service Area Benefit Area" attached hereto and incorporated by reference. Section 5. Article VIII of Chapter 4 is further amended by the addition thereto of a new section to read as follows: Sec 4.216. No requirement to provide any site-specific dedication or improvement. No individual landowner within the Southwest Weld Service Area is required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which the road impact fee is imposed pursuant to the terms of this Article. Section 6. Effective Date. This ordinance shall be published and become effective as provided by law. 1101 1101 01111III 11111111111111111 III 1101 Hi IIII 2987975 09/1612002 02:45P Weld County, CO 2 of 9 R 45.00 0 0.00 JA."Sold"Taukamoto Section 7. Severability. If any part, section, subsection, sentence,clause, or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Ordinance. The Board of Trustees hereby declares that it would have passed the ordinance including each part, section,subsection,sentence, clause, or phrase thereof,irrespective of the fact that one or more parts, sections,subsections, sentences, clauses or phrases be declared invalid. Section S. Repealer. All ordinances or resolutions and motions of the Board of Trustees of the Town of Frederick or parts thereof,in conflict with this ordinance are to the extent of such conflict hereby suspended and repealed, provided that such repealer shall not repeal the repealer clauses of such ordinances, resolution or motion, nor revive any ordinance,resolution or motion hereby. INTRODUCED,READ,PASSED,ADOPTED AND ORDERED PUBLISHED THIS 29TH DAY OF NOVEMBER 2001. TOWN OF FREDERICK BY:E � r Edward J.Ta ente, yor ATTEST: By: G1 Sandra M. New.erry, own Clerk TABLE A Road impact fee Schedule Land Use Unit Fee Single-Family Detached Dwelling $1,456 009 Multi-Family $1. Site $730Mobile Home Park Hotel/Motel Room 51,252 RetaWUCommercial 1000 sq.ft $6,320 Shop Ctr/Gen Retail<100.000 sf 1000 sq.ft $4. 32 Shop Ca/Gen Retail<500,000 sf $3,642 Shop Ctr/Gen Retail<1 million sf 1000 sq.ft Shop Ctr/Gen Retail 1 million sf+ 1000 sq.1000 R $2,794 Auto Sales Auto Service/Repair/Tire Store 1000 sq.ft $1,927 1000 sq.ft $5,442 Bank Bldg Matertais/Hardwans/Nursety 1000 sq.ft $3,697 Convenience Store 1000 sq.ft $8,413 Discount Store 1000 sq-ft. $3,569 $693 Furniture Store 1000 sq.ft. Movie Theater 1000 sq. ft $5,340 Restaurant, Fast Food 1000 sq.ft. $7,541 Restaurant,Sit-Down 1000 sa.ft. $5,195 offlceAnstttutlonal Office, General<100,000 sf 1100 sq.ft $2,459 Office, General<200,000 sf 1000 sq.ft $1,833 Office.General 200,000 sf+ 1000 sq.ft $1,517 • Office, Medical 1000 sq.ft. $5,493 1000 sq.ft $2,551 Hospital Nursing Home 1000 sq.ft $742 Church/Synagogue 1000 sq,ft $1,386 Day Care Center 1000 sq.ft $1,446 School 1000 sq.ft. $453 Industrial ' General Light Industrial 1000 sq.ft $1,058 $754 Warehouse 1000 sq.ft. Mini-Warehouse 1000 sq.ft $380 I IIIIII 11111111111 III 11111111111111111011111111111111 , , - 2987975 09/16/2002 02:45P Weld County, CO 3 of 9 R 46.00 D 0.00 J.A. "SuM"Tsukamato I Itu to IIIIIiii111�iLiIImAlliliiii11CiiiiiiII 2987975 09/ 4 of 9 R 18.00 0 0.00 JA. 'Solo Taufaototo EXHIBIT A SOUTWf T stamaE AREA AND WAD SYSTEM Mead LAM=COMM s LosynoAL WCR 24 '_-_ _. _. --4 ri 1 WCR 14 T _ Q J�alc .� : - 1 - ! 1 l' 'I" ' rill j Hafts Well8; {i{ , LEGEND I-+ ... 1�2Ilik 1 __ . FaraBRoeds ; Omni Roads I ! . , MEI • Ounce II . WCR 2�Frasampo cc— 0, J . BOLT 3 ct 3 cc 3 1111tH Hit 1111111 lit till ID itttltt 111 lit lill III 2987975 0411812002 02:45P Weld County,CO 5 of 9 R 46.00 D 0.00 J.A. "Suit Tsukamoto . 1 EXFDBIrB Page 1 SOUTHWEST WELD SERVICE AREA ROAD CAPITAL IMPROVEMENTS PLAN Vddda-Mies of Capably Road From • To Mies Cost Added WCR 1 WCR 20.5 1500's SH 119 1.22 Urbn 2lane $1,220,000 6,710 10,126 3,416 WCR 1 15W s SH 119 RR No SH 119 0.81 Widen4 Lane 21,300,000 3,402 13,446 10,044 WCR 1 RR No SH 119 St Hwy.66 ,2.53 Widen-4 Lana 24,040,000 13,915 41,998 28,083 WCR 1.5 ES a WCR 3 - 0.40 Pave-Urban 2400,000 60 3,320 3,260 WCR 2 WCR 15 WCR 17 1.00 4,900 4,900 0 WCR 3 WCR 8 WCR 10 1.00 Pave4hxS2 3500,000 200 6,000 5,800 WCR 3 WCR 10 WCR 12 1.00 Pave-Rrntl 2250,000 200 5,500 5,300 WCR 3 WCR 12 St.Hwy.52 • 1.00 Pave-Ruall $250,000 200 5,500 5,300 WCR 3 WCR 28 St Hwy.66 1.00 Pave•Rual1 $250,000 200 5,500 5,300 WCR 3.25 SC Hwy.52 WCR 16.5 1.50 Pave•Rurall 3380,000 300 8,250 7,950 WCR 3.5 St Hwy.119 WCR 24$ 0.50 2,750 2,750 0 WCR 15 WCR 24.5 WCR 26 0.50 Pew-Urban 2500,000 .75 4,150 4,075 WCR 4 WCR 13 WCR 15 1.00 Pave-Ruel1 $250,000 200 5,500 5,300 WCR 4 WCR 15 WEB 17 1.00 Paw-Rudt 2250,000 200 5,500 5,300 WCR 4 WCR 17 WCR 19 1.00 Paw-Raul 2250,000 200 5,500 5.300 WCR 5 WCR 8 WCR 12 2.00 11,000 11,000 0 WCR 5 WCR 12 St.Hwy.52 0.99 5,445 5,445 0 WCR.5 St.Hwy.52 WCR 168 1.50 Pave-Rural' 2380,000 300 8,250 7,950 WCR 5 WCR 16.5 WCR 18.5 0.75 4,125 4,125 0 WOE 5 WCR 18.5 Wain. 0.75 Pave-Urban $750,000 . 113 6,225 6,112 WCR 5 WCR 26 St.Hwy.66 2.00 PaveRudt $500,000 400 11,000 10,600_ WCR 5.5 St Hwy.119 WCR 26 1.33 7,315 7,315 0 WCR 6 WCR 11 WCR 15 2.00 16,555 16,555 0 WCR 6 WCR 15 . WCR 17 1.00 5,500 5,500 0 WCR 6 WCR 17 WCR 19 1.00 5500 5.500 0 WCR 7 WOE 8 St.Hwy.52 3.00 16,500 16,500 0 WCR 7 St.Hwy.52 WCR 18 2.05 10,660 10,660. 0 WCR 7 WCR 18 5430's SH 119, 2.00 11,000 11,000' 0 WCR 7 5430's SH 119 St Hwy.119 1.03 Urban 21ane $1,030,000 5,665 8,549 2.884 WCR 7 St.Any.119 WCR 24.5 0.57 3,135 3,135 0 WCR 7 WCR 26 WCR 28 1.00 • 4,200 4,200 0 WCR 7 WCR 28 St Hwy.66 1.00 4,200 4,200 0 WCR 7.5 SH 119 WCR 24.5 0.50 New 2d.Urben 2875,000 0 4,150 4,150 WEB 7.5 SH 119 1-25 Fr.Rd 2.70 New 4-Lane $5,265,000 0 44,820 44,820 WCR 8 WON 13 INCA 15 1.00 Pave-lured $250,000 200 5,500 5,300 WCR 8 WEB 15 WEE 19 2.00 Pave-Rare $500,000 400 11,000 10,600 I11111111111111UII III liii 111111 X111111III1111111111111 2987975 0W1612002 02:45P Weld County, CO 6 of 9 R 48.00 D 0.00 J.R. "Sold"Tsukemolo EXHIBIT B Page 2 SOUTHWEST WELD SERVICE AREA ROAD CAPITAL IMPROVEMENTS PLAN Vehicle-Mee of Capacity Road From To Mlles 1 Cast Added WCR 9.5 1.25 Fr.Rd WCR 20.5 1.00 New 4-Lane $1,950,000 0 56,440 56,440 WCR 10 WCR 3 WCR 7 2.00 400 400 0 WCR 10 WCR 7 WCR 90-25) 1.00 Pare-Urhan 91,000,000 150 8,300 8.150 WCR 10 WCR 13 WCR 15 1.00 New 2-L Rural $1,250,000 0 11,000 11,000 WCR 10 WCR'15 WCR 19 2.00 Pave-Urban $2,000,000 300 16,600 16,300 WCR 10.5 WCR 1 WU51 3. 1.00 5,500 5,500 0 WCR 11 WCR 4 WM 8 2.00 Pave-Rurall $500,000 400 11,000 10,600 WCR 11 WCR 12.5 . St Hwy. 52 0.50 Pave-Urban $500,000 • 150 • 8,300 8.150 WCR 11 St Hwy. 52 WCR 16 1.00 Peva-Urban 51,000,000 150 8,300 8,150 WCR 11 W121. 16 WCR 18 1.00 Pave-Urban $1,000,000 150 6,300 8.150 WCR 11 WCR 18 . WCR 18.25 0.30 Pave-Rualt $80,000 60 1,650 1,590 WCR 11 WCR 18.25 WCR 18.5 020 Pave-R=11 $50,000 40 1,100 1,060 WCR 11 WM 20 WCR 22 1.50 - Pave-Rurall $370,000 300 &250 7.950 WCR 11 WCR 28 WCR 30 1.00 Paw4Utben $1,000,000 150 8,300 8,150 WCR 11.25 WM 24.75 WCR 26 0.25 Pave-Urban $250,000 38 2,075 2,037 . WCR 12. WCR 3 WCR 9 300 Pave-Rualt $750,000 600 16,500 15,900 WCR 12 WCR 15 WCR 17 1.00 150 . 150 0 WCR 13 WCR 2 WCR 6 2.00 Pave-Rual2 81,000,000 400 12,000 11.600 WCR 13 • WCR 6 WCR 6.5 0.50 Pave-Rtnl2 $250,000 100 3,000 2.900 W71 13 WCR 10 WCR 12 1.00 Pave-Urban $1,000,000 150 8,300 8,150 . WCR 13 Unarm CL Split 0.06 330 330 0 WCR 13 St Hwy. 52 Frederick CL 0.55 Urban 2 Lane $550,000 3,025 4,565 1,540 WCR 13 St.Hwy. 52 WCR 16 1.00 Urban 2 Lane 31,004000. 4,200 8,300 4,100 WCR 13 WCR 18 SIR 0.96 Urban 2 Lane $960,000 4,032 7,968 3,936 WW1 13 SIR WCR 180.0§ 0.05 Urban 2 Lane 550,000 210 415 205 Well 13 WCR 18, V/CR 20/ 1.01 Urbann2Lane $1,010,000 4;242 8,383 4,141 WCR 13 Wf31 26 St Hwy. 66 3.00 14,700 14,700 0 W0114 WCR 17 WCR 19 1.00 Pave•Rumll $250,000 200 5,500 5,300 WCR 15 WCR 2 WCR 6 2.00 Paw-Rua12 $1,000,000 400 12500 11,600 WCR 15 WCR 6 WCR 12 3.00 Pave-Urban $3,000,000 450 24,900 24,450 WCR 15 WCR 12 Hwy 52 IMO 5,500 5,500 0 WCR 15 Hwy 52 1st St.-. 1.01)r hue-Urban $1,000,000 i 150 8,300 8,150 WCR 15 1stSt Split 0.25 Pave-Urban- 3250,000 38 2,075 2.037 WCR 15 Spirt Frederick CL 0.25 Paw-Urban $250,000 38 . 2,075 2.037 WCR 15 WCA 24 .WCR 26.75 1.75 . 350 350 0 WCR 16 WCII 7 WCR 9 1.00 Pave-Urban $1,000,000 150 8,300 8,150 IIIIIl IIIll 1111111 III IIII 1111111111111 III 11111 IIII IIII 2987975 09/16/2002 02:45P Weld County, CO 7 of 9 R 46.00 D 0.00 J.A. "SUM"Taekamoto P.>DSBITB Page 3 sotrrnwEST WELD SERVICE AREA ROAD CAPITAL IMPROVEMENTS PLAN Veblde-M6es of Capacity Road From To Mies Cost 1 Added WCR 16 1-25 Frederick CL 0.63 Pave-Urban $630,000 95 5,229 5.134 WWI 16 Frederick CL WCR 11 0.37 Pave-Urban $370,00 56 3,071 3,015 WCR 16 WCR 11 WCR 13 1.00 Pave-Urban 81,00,000 150 8,300 8,150 WCR 16 WCR 15 WCR 15.5 0.50 Pave-Urban $50,00 75 4,150 4,075 WCR 16 WCR 15.5 WCR 19 1.50 Pave-Rural' 8380,000 300 &250 1,950 WCR 165 WCR 1 WCR 5 2.00 Pave-Runt; $500,00 400 11,000 10,600 WCR 17 WCR 2 WCR 4 1.00 Pave-Rurdt 8250,00 200 5,500 5,300 WCR 17 WCR 4 WCR 6 1.00 Pave4Fluali $250,000 200 5,500 5,300 WCR 17 WCR 6 WCR 8 1.00 Pore-Rua11 $250,000 200 5,500 5,300 WCR 17 WCR 8 WCR 10 1.00 Pave-Urban $1,000,000 150 8,30 8,150 WCR 17 WCR 10 WCR 12 100 New 2-1 Rural $1,250,000 0 5,50 5,500 WCR 17 WCR 12 St.Hwy 52 1.00 Pave-Urban $1,00,00 150 8,300 8,150 WCR 17 WCR 14 WCR 18 2.76 552 552 0 ' WCR 17 WCR 22 WCR 24 100 . 20.0 200 0 WCA 17 WCR 24 WCR 26 1.00 200 200 0 WCR 17 WCR 26 WCR 30 2.00 .40 40 0 WCR 18 WCR 1 WCR 3 1.00 Pave-Ruali 8250,000 200 5,50 5,300 WCR 18 WCR 5 WCR 7 0.82 3,444 3,444 0 WCR 18 WC1t 7 •S nice Rd. 1.00 4,200 4,200 0 WCR 18 Service Rd. WCR 11 1.00 4,200 4,200 0 WCR 18 WCR 11 WCR 13 1.00 4,20 4,200 0 WCR 18 WCR 17 WCR 19 1.00 Pave-Urban $1,000,000 150 8,300 8,150 WCR 18 WCR 2 WCR 4 1.00 5,500 5,500 • 0 WCR 19 WCR 4 WCR 6 0.99 5,445 5,445 0 WCR 19 WCR 6 WCR 8 1.00 5,500 5,50• 0 WCR 19 WCR 8 St Hwy 52 2.30 12,650 12,650 0 WCR 19 St Hwy. 52 WCR 20 3.50 19,250 19,250 0 WCR 19 WCR 20 WCR 24 2.04 11,220 11,220 0 WCR 19 WOE 24 St May. 68 3.07 16,885 16,885 0 WCR 20 WCR 7 WCR 90-251 0.97 4,753 4,753 0 WCR 20 WCR 911-25) WCR 13. 2.00 Pave-Urban $2,000,000 300 16,600 16,300 WCR 20 WCR 17 WCR 19 1.0 4,900 4,900 0 WCR 20.5 WCR 1 C&M P•rt Ent 1.53 Urban 21n $1,530,000 7,497 12,699 5,202 WCR 20.5 C&M PR Ent WOE 7 1.49 Urban 2 Lure $1,490,000 7,301 12,367 5,066 WCR 20.5 WCR 7 E.to Dead End 1.00 Pave-Urban $1,000,000 150 8,300 8,160 WCR 22 WCR 17 WCR 19 1.00 Pave-Urban $1,000,000 150 8,300 8,150 • • ODD=B, Page 4 SOUTHWEST WELD SERVICE AREA ROAD CAPITAL IMPROVEMENTS PLAN Vehicle-Mies al Capacity Road Pram To Mass Improvement Cost blithe Improved Added WCR 24 WCR 15 WCR 19 2.00 11,000 11,000 0 WCR 24.5 WCR 7 Pads Entrance 0.75 Pave-Urban $750,000 113 6,225 6,112 WCR 24.5 I-25 Front Rd. WCR 9.75 0.75 Pave-Urban $750,000 113 6,225 6,112 WCR 24.75 WC89.75 WCR 11.25 . 0.50 Pave-Urban $500,000 75 4,150 4,075 WCR 26 WC8 1 WCR 3 1.00 Pave-Urban $1,000,000 150 8,300 8,150 WCR 26 WCR 3 WC8 7 200 Pave-Urbm $2,000,000 300 16,600 16,300 WCR 26 WCR 11.25 WCR 13 0.75 Pava•Rual1 $190,000 150 4.125 3,975 WC8 26 WCR 13 WCR 15 1.00 Pave-Ri ndt $250,000 200 5,500 5,300 WCR 26 WCR 15 WCR 19 2.00 Pave-Rualt 5500,000 . 400 11,000 10,600 WM 28 WCR 1 WCR 3 1.00 Pave-Ruall $250,000 200 5,500 5,300 - WCR 28 WCR 3 WCR 5 1.00 Pave-Ruralt $250,000 200 5,500 5,300 WCR 28 WCR 5 WCR 7 1.00 Pave-Rurall $250,000 200 . 5,500 5,300 WCR 28 WCR 7 WCR 9 1.00 Pave-Urban $1,000,000 200 8,300 8,100 WCR 28 WCR 9 WCR 11 1,00 Pave-Urban $1,000,000 150 8,300 8,150 WCR 28 WCR 11 WCR 13 . 1.00 Pave-Rurell $250,000 200 8,300 8.100 • WCR 28 INCA 17 WCII 19 1.00 200 200 0 Southwest Service area Total $68,250,000 328,002 1,010,585 682,583 Souse:FeWaag,Nom 6 Ulevig,Weld Carty Roadway improvement Plan:Wfn@saraadSoatlavest Study Ants,July 1999(revised June 2001);'paveRuSi'is paving a gavel road and providaq 4'shoulders;Taw-Rural?Is pawing a gravel road and providap 6'shoulders: taveUrbeels paving a grata road to urban standards with curb and gutter and undrgourd drainapa'Urban 21ane is converting a rural 2-lane madman urban twat with two through Sn and a eintici an tape. 1 111111 111 111 111111 11111111 1111 1111111 • • 2987975 09/16/2002 02:45P Weld County, CO 8 of 9 R 46.00 0 0.00 J.A. "SuM"Tsuhamoto I111111IIIII1111 INI111111111111111111111111111111111 2987975 1191 9 of 9 N 46.00 D 0.00 LA."Bold Tenkamoro . EXHIBIT C SOUTHWEST WELD SERVICE AREA BEFIT AREAS ' Mad CI 1 , ' . . I WCR 14 __ - - ..�... _I.n.�rs��.w ri • 'I'll i I tr.; Al C. Meth I I I,wea�s. �. j LEGE,o • I i Is Rand Roads :' t_ m Ross I 'a o I " ' - f ' I • I t j WCR 2' d� oei5 Brddd r R e • r Pi BOT CCC ;UR� 3 3 u1.1.EV to 3 3 Benefit Area Boundary . N AFFIDAVIT_OF INTERESTED LAND OWNERS S_U EAcs ESTATE Subject Parcel: 12018000QI,5 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. J Si tare Date Propethmiers WithinSOO ft. of Parcel* 120728000015 NAMEJ M6JLING ADDRESS PARCEL DT FFN TIFt�ATZQN C/0 GRANT&GRANT ANDERSON JAMES E 22/11% OF 2/3 LLP 120727000043 INT& 3528 COUNTY RD 28 LONGMONT,CO 80504 14116 WCR 7 CHANSLER ROBERT C &ASHLEY D 120722000047 MEAD,CO 80542 ., 2130 WELD CO RD 28 HERGENREDER ELMER F &BETTY J 120728000008 LONGMONT,CO 80504 2571 HWY 66 HIGHLAND LARRY L 120721400045 LONGMONT,CO 80504 13844 WELD CO RD 7 KITELEY FARMS LTD 120727000047 _ LONGMONT,CO 80504 13522 WELD CO RD 7 KULM JEROME M&DIANE L 120727000045 LONGMONT,CO 80504 2498 HWY 66 SILENGO MYRA JANE 120728000037 LONGMONT,CO 80504 13433 WCR 7 SLATER NANCY 11/2 INT& 120728000010 LONGMONT,CO 80504 14017 WELD CO RD 7 TEDFORD DUSTIN E - 120721400044 LONGMONT,CO 80504 14170 COUNTY RD. 7 SILVA, JOHN L & MICAH J 120722000032 MEAD, CO 80542 Frederiksen Farm Landowners 1. Myra Jane Silengo 2498 Hwy 66 Longmont, CO 80504 2. Elmer& Betty Hergenreder 2130 Weld County Road 28 Longmont, Co 80504 3. Nancy Slater 13433 WCR 7 Longmont, CO 80504 4. James Anderson 3528 County Road 28 Longmont, CO 80504 5. Jerome & Diane Kulm 13522 Weld County Road 7 Longmont, CO 80504 6. Kiteley Farms 13844 Weld Co Road 7 Longmont, CO 80504 7. Robert &Ashley Chansler 14116 WCR 7 Mead, CO 80542 8. Larry Highland 2571 HWY 66 Longmont, CO 80504 9. Dustin Tedford 14017 WCR 7 Longmont, CO 80504 10. John L. & Micah J Silva 14170 County Road 7 Mead, CO 80542 FREDERIKSEN FARMS Northern Colorado Water Conservancy District The before mentioned property is located in the Northern Colorado Water Conservancy District, as relayed on May 29, 2003. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Water Rights 1. The owners of the land proposed for annexation have the following water rights: - Four(4) shares of Highland Ditch Water In the past the water has been used for irrigation of the land proposed for annexation 2. The applicant understands the requirement to provide a Deed for Non-Tributary Water Rights and will negotiate and execute a document to meet the requirements after completion of annexation. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Special Warranty Deed Non-Tributary and Not Non-Tributary Groundwater THIS DEED, made this day of ,between of the County of Weld , State of Colorado, grantor, and the Town of Mead,P.O. Box 626, Mead, CO 80542, of the County of Weld, State of Colorado: WITNESSETH,that the grantor(s), for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ha granted, bargained, sold and conveyed, and by these presents do_grant, bargain, sell,convey, and confirm, unto the grantee and its successors and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld, State of Colorado, described as follows: All non-tributary and not non-tributary groundwater as defined by C.R.S. § 37-90-103, whether adjudicated, unadjudicated, permitted or unpermitted, underlying the property described in Exhibit A, attached hereto and incorporated by reference herein. also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained water rights, with the hereditaments and appurtenances; Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Special Warranty Deed Non-Tributary and Not Non-Tributary Groundwater TO HAVE AND TO HOLD the said water rights above bargained and described with the appurtenances, unto the grantee and its successors and assigns forever. The grantor(s), for sel heirs and personal representatives or successors, do covenants and agree that shall and will WARRANT AND FOREVER DEFEND the above-bargained water rights in the quiet and peaceable possession of the grantee, and its successors and assigns, against all and every person or persons claiming the whole or any part thereof,by, through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)ha executed this deed on the date set forth above. Date Signature Date Signature STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_by My commission expires: Witness My hand and official seal. Notary Public Frederiksen Farms—Annexation Application 2 FREDERIKSEN FARMS Annexation Impact Report Qualifications of preparer: This report was prepared by Centex Homes. Land Architects,Inc of Littleton,Colorado and by Sear-Brown of Ft. Collins, Colorado. Centex Homes is one of the nation's leading and largest homebuilders,operating in more than 90 markets in 25 states. Land Architects is a seven-year old company comprised of Landscape Architects who provide land planning and landscape architectural services for developments projects of varying scale. Sear-Brown is a 650-person architecture,engineering,planning and construction firm with 14 offices nationwide. Key Personnel: Yvonne Seaman-Centex Homes Land Acquisition and Planning Director Yvonne Seaman has worked in land development since 1983. Yvonne has a Masters in Urban and Regional Planning and a Bachelor of Science in Landscape Architecture. She worked as a consultant for private design firms for 5 years,as a city planner at Cherry Hills Village for 5 years and as a city planner at the City of Aurora for 2 years. Yvonne also worked for the Denver Metro Home Builders Association as the Government Affairs representative before joining Centex Homes in 2001. Ken Puncerelli—Land Architects Principal Ken Puncerelli has been a licensed landscape architect since 1992. Prior to forming Land Architects,Inc. in 1996,Mr.Puncerelli worked with private design firms in Dever,Colorado,Des Moines, Iowa and Ft. Collins, Colorado. As Principal,Mr. Puncerelli is personally involved with all aspects of each project and serves in the role of project manager and designer. Ken actively participates in and facilitates meetings,workshops,and planning sessions with clients,consultants, neighborhood organizations,and agency officials. Jim Allen-Morley—Sear-Brown Project Manager Jim Allen-Morley is a project manager with Sear-Brown with 23 years of civil engineering experience. His specific areas of expertise include site development, water resources, modeling, and survey. He has a B.S. in Civil Engineering from Colorado State University and is a registered Professional Engineer in the state of Colorado. Jim is also a member of the Colorado Association of Stormwater and Floodplain Managers. 1. Impact Report Map 2. Annexation Agreement: To be executed prior to final approval of annexation. 3. Municipal Services a. See attached Preliminary Utility Plan(drawing). b. Water: Public water will be provided by the Little Thompson Water District by way of existing water mains in State Highway 66 along the northern edge of the property. The water service system within the development will be constructed by the developer on behalf of Water District. c. Sanitary Sewer: Sanitary Sewer service will be provided by the Town of Mead and the St. Vrain Sanitation District in accordance with the Intergovernmental Agreement Regarding Sanitation Service and Boundaries. Sanitary Sewer will be treated by an expanded Town of Mead treatment facility or the St. Vrain Sanitation District until such time as it is determined if the Town of Mead will have sufficient line and plant capacity to serve the subject property. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Annexation Impact Report d. Storm Water: Storm water drainage from the development will be detained and released at historic rates. Storm water released will be directed towards the St. Vrain River or Sanborn Reservoir. See the Preliminary Drainage Report. 4. Financing of Extension of Municipal Services: The necessary municipal services will be financed by Developer, adjacent to the site. The Town of Mead will not be required to finance further extensions. 5. Existing School and Special Districts: 5.1 St. Vrain Valley School District RE-1J 5.2 Mountain View Fire Protection District 5.3 Longs Peak Water District 5.4 St. Vrain Sanitation District 5.5 Northern Colorado Water Conservancy District 5.6 Weld County Library District 6. Statement of School Impact: 6.1 This development will generate approximately 314 students. This is based on student yield of.66 for single-family detached units. 6.2 The 314 yield is itemized as follows (475 single family units) a. 166 elementary students or 32%of the standard capacity of a 525- student elementary school. b. 66 middle level students or 9%of the standard capacity of a 750-student middle level school. c. 82 high school students or 7%of the standard capacity of a 1200-student high school. 6.4 Approximately 10 acres located within the development are intended for a elementary school site. Frederiksen Farms—Annexation Application 2 FREDRIKSEN PROPERTY ANNEXATION/DEVELOPMENT INFORMATION 1. Preliminary Soils Report: 1.1. Approximately 50% of the site is classified as Wiley-Colby complex (#82), 1 to 3 percent slopes. (Approximately 60% Wiley, 30% Colby, and about 10% is Heldt silty clay and Weld loam). The Wiley soil is deep and well drained. Typically the surface layer is pale brown silt loam about 11 inches thick. The subsoil is pale brown silty clay loam about 23 inches thick. The substratum to a depth of 60 inches is very pale brown silty clay loam. Permeability is moderately slow. Surface runoff is medium and the erosion hazard is moderate. The Colby soil also is deep and well drained. Typically the surface layer is pale brown loam about 7 inches thick. The underlying material is very pale brown silt loam to a depth of 60 inches. Permeability is moderate. Surface runoff is medium and the erosion hazard is moderate. 1.2. Approximately 35% of the site is classified as Nunn clay loam (#42), 1 to 3 percent slopes. The Nunn soil is deep and well drained. Typically the surface layer of this soil is grayish brown clay loam about 9 inches thick. The subsoil is light brownish gray clay loam about 14 inches thick. The upper part of the substratum is light brownish gray clay loam. The lower part to a depth of 60 inches is brown sandy loam. Permeability is moderately slow. Surface runoff is medium and the erosion hazard is low. 1.3. Approximately 10% of the site is classified as Colby loam (#16), 3 to 5 percent slopes. The Colby soil is deep and well drained. Typically the surface layer is pale brown loam about 10 inches thick. The underlying material is very pale brown silt loam to a depth of 60 inches. Permeability is moderate. Surface runoff is medium to rapid, and the erosion hazard is moderate. 1.4. Approximately 5% of the site is classified as Thedalund loam (#65), 3 to 9 percent slopes. The Thedalund soil is a moderately deep, well-drained soil. Typically the surface layer of this Thedalund soil is brown loam about 8 inches thick. The underlying material is pale brown and very pale brown loam. Shale is at a depth of about 25 inches. Permeability is moderate. Surface runoff is medium to rapid and the erosion hazard is moderate. (This information is taken from the US Department of Agriculture Soil Conservation Service soil survey of Weld County, Colorado, issued September 1980. See attached Soils Map for soils locations.) .+ 38718 (1".0 to Land Architects, Inc. Fredriksen Property —Annexation Application 1 Weld (County, Colorado, Southern Part Gowanda and Longmont Quadrangles) t yIhki. v , L66 3 46 a ) 66 Hi h 66 r' _K _ 4,,,,,, c „, i 4, x O 16 ( £F.N -'� •u, 82 fl A. l Es w 79 w6 " no YY xv r � y \ ..,?,',!,liri,' Ar1 -Y4-t "-- 16 Soils Map (T" Frederiksen Property " 2 FREDERIKSEN FARMS Statement of Community Need Centex Homes is pleased to bring before the Town of Mead a conceptual land use plan for a proposed subdivision on 160-acre, Frederiksen Property, into the Town of Mead. Centex Homes is proposing a mixed-use neighborhood that includes residential, commercial, and public uses. The neighborhood includes residential and commercial land uses that will create additional sources of revenue and will provide Mead citizens with additional housing, retail, and employment choices. This neighborhood will provide an environment in which the citizens of Mead can live, work, and play. The property is located on the southwest corner of County Road 7 and State Highway 66, approximately one mile west of Interstate 25. The adjacent rights-of-way for State Highway 66 and County Road 7 are included in the area to be annexed. The proposed development includes approximately 28 acres of land for possible commercial development, which includes a site for an anchor business such as a grocery store and individual smaller business pads. Included in the center of the neighborhood is a 12-acre park that creates a focal point for the community and provides a gathering place for the neighborhood and possibly active park space for the Town of Mead. Connected to the park are trail corridors that will link the development to adjacent properties and potential Town open space and park sites. Adjacent to this park is a 10-acre public use flex site on which we are envisioning an elementary school. The neighborhood will have about 31 acres of public use land, open space, trails, and parks. Residential home sites will complete the development. There will be between four and five hundred homes comprised of single-family detached and attached products. Homes will be entry level attached and first and second time move up homes. Centex Homes' vision for the property is to create a larger neighborhood with different neighborhood enclaves to provide a variety of home types. Within these enclaves will be different price ranges and features to allow people to move up in home value and size without moving out of the neighborhood. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Statement of School Impact This development will generate approximately 314 students. This is based on student yield of.66 for single-family detached units. The 314 yield is itemized as follows (475 single family units) 1. 166 elementary students or 32%of the standard capacity of a 525- student elementary school. 2. 66 middle level students or 9%of the standard capacity of a 750-student middle level school. 3. 82 high school students or 7%of the standard capacity of a 1200-student high school. Approximately 10 acres located within the development are intended for a elementary school site. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Development Impacts 1. Assessment of other Impacts 1.1. Water: see Preliminary Utility Plan. 1.2. Sewer: see Preliminary Utility Plan. 1.3. Natural Gas: see Preliminary Utility Plan. 1.4. Electric: see Preliminary Utility Plan. 1.5. Telephone: see Preliminary Utility Plan. 1.6. Streets: see Preliminary Utility Plan. 1.7. Drainage: see Preliminary Utility Plan. 1.8. Law Enforcement: Law Enforcement will be provided by the Town of Mead and the Weld County Sheriff's Office. 1.9. Fire Protection: Fire protection will be provided by the Mountain View Fire Protection District. The property is within the American Medical Respose of Colorado area of service. 1.10. Parks and Recreation: a. All the common open spaces, including detention basins will be owned and maintained by the Home Owners' Association (HOA). The allocation of funds for maintenance of all common open spaces will be determined by the HOA at the time of its inception. However, all dedicated open space will be maintained by the Town of Mead. b. Open space provided will meet requirements per Town of Mead regulations as follows: Sec. 16-20-80 (b) New residential developments shall be required to dedicate to the Town (or to a Home Owners' Association) a portion of the site which must be devoted to dedicated park land. The minimum dedication shall be eight-hundredths (0.08) acre per dwelling unit in the development (c) New commercial or industrial developments shall be required to dedicate a minimum of eight percent (8%) of the gross acreage to be developed to the Town for park purposes. 1.11. Environmental Considerations a. There are no areas designated as wetlands within the limits of the site. Frederiksen Farms—Annexation Application 1 FREDERIKSEN FARMS Development Impacts b. Noise and vibrations within the development will be minimal and will comply with all rules and regulations of the Town of Mead and the Weld County Health Department. c. Smoke, dust, and odor will not be an issue with the proposed development. The land uses proposed will not generate smoke or odors. Additionally, all roads will be paved, therefore no dust will be generated. d. Heat, light, and glare will be controlled by landscape and development design. e. Visual/aesthetic impacts of the development will blend with its natural surroundings and will adhere to Town of Mead development requirements. f. No high voltage uses are proposed within the development, therefore, electrical interference is not an issue. g. Water pollution will be prevented by installing erosion control measures during construction, monitoring existing oil and gas facilities, and providing public sanitary sewer. h. There are no areas designated as wetlands within the limits of the site. i. Erosion and sedimentation will be kept to a minimum through adequate landscaping and site design. j. Excavating, grading, and filing will occur on the site in order to create roads and building sites as well as detention basins. However, cut and fill will be kept to a minimum through sensitive site planning. k. Drilling, ditching, and dredging will occur on site. Normal excavation related to construction of buildings and roads is expected. Excavated material will be used in areas on site that require fill. 1. Air pollution (e.g., burning of trash, diesel trucks, etc.) within the development will not occur. m. Solid waste will be disposed of by a local trash company. The regional commercial and employment center will have dumpsters and residential development will have curbside service. n. The majority of the property is being farmed, therefore, wildlife habitat will not be eliminated. Frederiksen Farms—Annexation Application 2 FREDERIKSEN FARMS Development Impacts o. Existing vegetation has been removed through farming. However the native vegetation that has persisted will be preserved to the greatest extent possible. p. No radiation or radioactive material exists on site. q. Oil/Gas Wells: There is one functioning oil/gas well and its auxiliary storage facilities located on the site. It is intended to remain until such time that it becomes abandoned and plugged. r. The proposed development is not located within a flood hazard, geologic hazard, or airport overlay district. 2. Economic Development Potential: 2.1. This development provides a multitude of economic development opportunities for the Town of Mead. The commercial area (+/- 28 AC), accommodating up to 380,000 square feet, will provide space for new business. These businesses will provide jobs for residents of Mead and will generate sales tax revenue for the Town. 2.2. Construction of this development, estimated to be over 1.3 million dollars, will create employment and service/sales opportunities for residents and businesses in Mead. 2.3. The housing portion of this development will increase the population of the Town of Mead, thereby increasing the customer base for existing businesses and creating the need for additional businesses. Some of these new businesses will locate within the development. Others will be in other locations within the Town. 2.4. In addition, The Town of Mead will benefit from typical municipal revenues (e.g. building permits, parks fees, property tax, etc.). These are itemized on Form D-4, Fiscal Analysis. 3. Compatibility with Town Policy: 3.1. Street Master Plan —N/A 3.2. Subdivision Plan—N/A 3.3. Comprehensive Plan —N/A a. The land uses proposed by this development are consistent with the land uses shown on the Weld County MUD Plan. Frederiksen Farms—Annexation Application 3 FREDERIKSEN FARMS Development Impacts b. On the Town of Mead Comprehensive Plan, this area is not delineated with a land use designation. We are therefore deferring to the designations on the Weld County MUD Plan. 3.4. Land Use Code: a. It is the intent of this development to comply with the requirements of the Town of Mead Land Use Code. However, the Concept Plan submitted represents a preliminary design. If the plan is modified, due to comments from the Town of Mead or due to conditions not known by the Applicant at this time, the Applicant may decide to vary from these requirements, with the approval of the Town. b. The Land Use Code, in regards to park land dedication, allows for either the dedication of land or the payment of cash in lieu of land. At this time, the Applicant wishes to dedicate a portion of the required quantity of land and to pay cash in lieu of the portion of land not given. The cash will, instead of begin paid directly to the City, be used to construct facilities within the dedicated park land. 3.5. Existing and Adjacent Land use: At this time, the properties surrounding this proposed development are farmland. In the future, no conflicts are anticipated with this development since surrounding land has been designated for similar land uses. 4. Drainage Report: see attached Preliminary Drainage Study. Frederiksen Farms—Annexation Application 4 Preliminary Drainage Study Fredricksen Farm Mead, Colorado June 2003 „Do Req 6'74 Ot- r Prepared for 0 Litrts Centex Homes • 33719 ` = BY SEAR-BROWN `SSA ' Site Location and Description The site under consideration for annexation is comprised of 160 acres of undeveloped land. The property is currently cultivated for agricultural production, with the exception of an area in the northeast portion, which is used for residences and support buildings for farming. The property is located in the northeast quarter of Section 28, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado. This is, more generally, two miles to the south of the Town of Mead and southwest of the intersection of Highway 66 and Weld County Road 7. The topography is relatively flat with approximately one percent slopes to the south across the site. The site is on comparatively high ground relative to the adjacent Liberty Draw, which is approximately thirty feet lower than the site. Runoff from off-site basins to the north of highway 66 has historically been conveyed through the site. The majority of storm runoff from the site, about 80%, has historically flowed to the south of the site into Sanbom Reservoir, while the remainder has flowed to the southwest into the Liberty Draw. Review of the Flood Insurance Rate Map for this area does not indicate the presence of a 100-year floodplain on any part of this site. Hydrologic Design Criteria The project site is not currently included in the existing Drainage Master Plan area, but will be subject to the Town of Mead Storm Drainage Design Criteria and Construction Standards. Storm water facilities will be designed and constructed in conformance with these criteria and standards and State of Colorado Water Quality Control Division requirements. Storm water management for the site will consist of conveying the historic runoff from the off-site basin to the north of highway 66 through the site, and conveying runoff from all areas within the site to detention facilities within the site and subsequent release through some off-site conveyance or conveyances to the south and/or west to discharge into historic drainage basins at historic rates. The storm water system on the site will be required to collect and convey runoff from the 2-year design storm, with runoff from the 100-year design storm conveyed safely overland through streets and open spaces to detention facilities. The runoff from the off-site basin to the north of highway 66 has historically been directed through the site to the Sanborn Reservoir to the south of the site. These contributions of off-site flow to the site have been established for the 100-year design event in the Town of Mead Drainage Master Plan, and those flows will be used in sizing appropriate conveyance through the site. For purposes of site design, Stour water Management Modeling (SWMM) will be used to analyze runoff and determine appropriate detention facility requirements. The topography of the site divides it into two drainage basins. The eastern basin contains approximately 132 acres and has historically discharged to the south of the site to Sanborn Reservoir. The western basin contains approximately 28 acres and historically discharges to the west in the Liberty Draw. Historic patterns of runoff from the site will be preserved. Detention ponds will be required to capture and detain the 100-year design storm within the site, with discharge rates reflecting the historic 10-year runoff rate from the site. The historic 10-year runoff from the site may be estimated by using the 10-year intensity of 1.8 inches per hour for a one-hour storm and a conservative runoff coefficient of 0.05: West Basin Q = C * i * a = 0.05 * 1.8 (inches per hour) * 28 (acres) = 2.5 cfs; East Basin Q = C * i * a = 0.05 * 1.8 (inches per hour) * 132 (acres) = 11.9 cfs; The total detention volume for the site may be estimated by using the time-intensity- duration relationship established in the Drainage Master Plan as compared with the allowable release rates, conservatively reduced by a factor of 10%. The detention volume for the West Basin site will likely he approximately 5 acre-feet, corresponding to a rainfall duration of 150 minutes, and the detention volume for the East Basin site will likely be approximately 22 acre-feet. Appropriate conveyance, either pipes, open channels or combinations-of both, along with drainage easements, will convey flows from the on-site detention facilities to their I ultimate discharge in the Liberty Draw. Soils The Weld County Soil Survey indicates that soils on the site are deep, well-drained and moderately permeable Olney series soils. The survey does not indicate adverse soil conditions for the type of residential or commercial buildings expected on this site regarding drainage. A thorough subsurface investigation will be performed prior to site design. Erosion Control • Specific methods for prevention of soil erosion and sedimentation problems will be established with the site design process and will include straw bale check darns, gravel inlet filters, silt fencing and sedimentation facilities. In general, temporary measures for erosion protection will be employed during construction until such time as permanent stabilization of exposed areas is accomplished through revegetation or permanent storm drainage structural improvements. Grading slopes will not exceed 1 to 4 on the site and Best Management Practices (BMPs) will be utilized in conformance with UDFCD and other applicable industry standards. More quantitative information, particularly in regard to storm drainage conveyance and sizing will be provided with the Preliminary Drainage Report for Fredericksen Fan-n. At this time is appears that this project could be constructed without causing any adverse drainage impacts. PROPERTY DESCRIPTION: A tract of land located in the Northeast Quarter of Section 28, Township 3 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado; Being all of said Northeast Quarter except that portion identified as conveyed to the Colorado Department of Highways and described in the deed recorded at Book 1553, Page 503 (Reception Number 325665) of the records of said county; Subject to the above and encompassing no more or less land than contained therein; said tract is additionally described as follows: Considering the east line of said Northeast Quarter as bearing South 00°22'47" East 2,651.97 feet (determined by static GPS observations) from a found No. 6 rebar with a 2 in. aluminum cap (LS 23500) at the northeast corner to a found No. 6 rebar with a 2 in. aluminum cap (LS 18475) at the southeast corner and with all bearings contained herein relative thereto; BEGINNING at said northeast corner; thence along said east line, South 00°22'47" East 2,651.97 feet to said southeast corner; thence along the south line of said Northeast Quarter, South 89°01'14" West 2657.71 feet to a set No. 6 rebar with a 2 in. aluminum cap (LS 34176) at the southwest corner thereof; thence along the west line of said Northeast Quarter, North 00°05'08" West 2,587.46 feet to a point on the southerly right-of-way line of Colorado State Highway No. 66; said point being the beginning of a non-tangent curve concave to the northwest; to which point a radial line bears South 00°59'33" East; said curve having a radius of 11,505.00 feet, a central angle of 04°16'44" and a chord which bears North 86°52'05" East 859.00 feet; thence along said right-of-way line and the arc of said curve 859.20 feet; thence continuing along said right-of-way line, North 84°43'43" East 434.42 feet to the north line of said Northeast Quarter; thence along said north line, North 89°01'28" East 1,353.51 feet to the POINT OF BEGINNING. The above-described tract contains 160.160 acres more or less, and is subject to easements and rights of way of record or in place. This description was prepared by Sear-Brown,under the supervision of Michael Lang,PLS. L:\survey\altas\614004S\PROPERTY DESCRIPTION SURVEYED.doc 5/30/2003—arp 8/11/2003-REVISED-arp Frederiksen Farm Landowners 1. Myra Jane Silengo 2498 Hwy 66 Longmont, CO 80504 2. Elmer& Betty Hergenreder 2130 Weld County Road 28 Longmont, Co 80504 3. Nancy Slater 13433 WCR 7 Longmont, CO 80504 4. James Anderson 3528 County Road 28 Longmont, CO 80504 5. Jerome & Diane Kulm 13522 Weld County Road 7 Longmont, CO 80504 6. Kiteley Farms 13844 Weld Co Road 7 Longmont, CO 80504 7. Robert &Ashley Chansler 14116 WCR 7 Mead, CO 80542 8. Larry Highland 2571 HWY 66 Longmont, CO 80504 9. Dustin Tedford 14017 WCR 7 Longmont, CO 80504 10. John L. & Micah J Silva 14170 County Road 7 Mead, CO 80542 AUG-27-03 11:34Aµ FROM-COI,},ERCE TITLE - PLANT 7209560603 T-630 P.002/002 F-907 Art IDAVII.OF INTERESTED LAND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS Subject Parcel: . 2072800p01. SURFACE ESTATE 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,x,eld.co.us, and has not been modified from the original. The list compiled from the records of the Welct County Assessor was assembled within thirty days of the application's submission date. J Si atuze Date Property Owners Within SOO ft, of Parcel# 1. 20728000015 NAME Mt3ILING ADDRESS F'°`RCEJnENTTIEMA ioN ANDERSON JAMES E 22/11% OF 2/3 C/0 GRANT& GRANT INT& LLP 3528 COUNTY RD 28 12O727OOOO43 L0NGM0NT,C0 80504 CHANSLER ROBERT C & ASHLEY D 14116 WCR 7 _ MEAD,C0 8O542 12O722OOOO47 HERGENREDER ELMER F & BETTY J 2130 WELD CO RD 28 L0NGM0NT,C0 8O5O4 12O728OOOOO8 HIGHLAND LARRY L 2571 HWY 66 LONGMONT,CO 8O5O4 12O7214OOO45 KITELEY FARMS LTD 13844 WELD CO RD 7 LONGMONT CO 8O5O4 12O727OOOO47 KULM JER0ME M & DIANE L 13522 WELD CO RD 7 L0NGM0NT,C0 8O5O4 12O727OOOO45 SILENG0 MYRA JANE 2498 HWY 66 L0NGM0NT,C0 8O5O4 12O728OOOO37 SLATER NANCY I 1/2 TNT & 13433 WCR 7 L0NGM0NT,C0 8O5O4 120728000010 TEDF0RD DUSTIN E 14017 WELD CO RD 7 L0NGM0NT,C0 8O5O4 120721400044 SILVA, JOHN L. & MICAH J 14170 COUNTY RD. 7 MEAD, CO 80542 120722000032 , /,,,erne rt./,,o1,1/watcal acn7rmri_iviffer.CPIN=17 rrnrirl1Msa.n.,.,i- ciflnl�nn-. File contains oversized map Please see original file Hello