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Home My WebLink About20001666.tiff eadTown of Mead 1 P.O.Box 626 441 Third Street Mead `A Little Town Mead,Colorado 80542-0626 Wliha Big Future" (970)535-4477 .� . June 30, 2000 Weld County Board of Commissioners PO Box 758 Greeley, CO 80632 Dear Commissioners: Enclosed please find a request for a major land use change, for the annexation of certain property, submitted by Range View Estates. Please review the information and forward any comments you may have within ten (10) days. If you have any questions, please contact me at (970) 535-4477. Thank you for your assistance. Sincerely, Judy L. Hegwood Town Clerk \<e ` it n ' . /2 /o/ eaI fGti' ikL‘ 1, ' j 2000-1666 NOTICE OF PUBLIC HEARING MEAD PLANNING COMMISSION MAJOR LAND USE CHANGE RANGE VIEW ESTATES ANNEXATION Notice is hereby given that the Planning Commission of the Town of Mead wil hold a Public Hearing commencing at 7:00 o'clock p.m., July 19, 2000, at the Mead Town Hall, 441 3r° Street, Mead, Colorado, 80542. The purpose of this Public Hearing will be to review the request for the annexation of certain property and to advise the Board of Trustees of their findings, including the appropriate classification of zoning for the property. The legal description is attached hereto as "Exhibit A" and incorporated by reference herein. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petitions are on file and available for public inspection in the office of the Town Clerk of the Town of Mead, at the Mead Town Hall, 441 3r° Street, Meac, Colorado 80542. Dated this 30th day of June, 2000. TOWN OF MEAD, COLORADO By: 1 �1L WOd of' y L. gwood Town Clerk Published in the Daily Times Call, Longmont, Colorado, July 4, 2000. Exhibit A LEGAL DESCRIPTION: BEGINNING AT THE EAST % CORNER OF SECTION 16, T3N, R68W OF 6 TH P.M. FROM WHENCE THE SE CORNER OF SECTION 16 BEARS S01°03'16"E, 2653.93 FEET AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N89°03'44"E A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 7; THENCE S01°03'16"E ALONG SAID EAST RIGHT-OF-WAY A DI:STANCE OF 2623.93 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO.32; THENCE ALONG SAID NORTH RIGHT-OF-WAY S89°02'35"W A DISTANCE OF 1412.33 FEET; THENCE S00°29'21"E A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT- OF-WAY OF WELD COUNTY ROAD NO. 32; THENCE ALONG SAID SOUTH RIGHT-OF- WAYS89°02'35"W A DISTANCE OF 1252.37 FEET; THENCE N01°12'44" A DISTANCE OF 30.00 FEET TO THE S Y OF SECTION 16, T3N, R68W OF 6TH P.M.; THENCE N01°12'44"W ALONG THE WEST LINE OF THE SOUTHEAST Y OF SAID SECTION 16, A DISTANCE OF 1863.69 FEET TO A POINT IN THE CENTERLINE OF HIGHLAND DITCH; THENCE ALONG SAID CENTERLINE N34°30'13"W A DISTANCE OF 210.05 FEET; THENCE N30°30'54"W A DISTANCE OF 395.21 FEET; THENCE N25°54'24"W A DISTANCE OF 163.30 FEET; THENCE N28°03'57"W A DISTANCE OF 139.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 16; THENCE N89°03'44"E ALONG SAID NORTH LINE OF THE SOUTH HALF OF SECTION 16, A DISTANCE OF 3082.76 FEET TO THE E % CORNER OF SECTION 16, T3N, R68W OF 6TH P.M., ALSO BEING THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 166.766 ACRES MORE OR LESS. Letter of Intent The purpose of this submittal is to support the annexation of 166.7 acres of agricultural land (known as Rangeview Estates Annexation) into the Town of Mead. The property is located half a mile south of WCR 34 and is contiguous to the town. The property is presently zoned agricultural and will be rezoned to Planned Unit Development (PUD) through this process. This proposal promotes responsible growth by encouraging infill development and is compatible with the comprehensive plan by promoting development that is cost effective in extending existing Town services to the site. Presently, gas, water, electric and phone lines are situated adjacent to the parcel. These existing utilities will adequately serve the proposed development. Access to the property will be from Weld County Roads 7 and 32. Both roads presently have 60' rights-of-way and are in good condition, capable of accommodating future growth in the area. This parcel is designated to be predominantly Low Density Residential under the Mead Area Comprehensive Plan Land Use Map. This designated land use maintains a density Df 1 dwelling per 1 to 2.4 acres of land. The applicant is willing to comply with this designation. Maintaining this density will facilitate the blending of this development with the surrounding subdivisions in the area, including Mulligan Lakes Estates, Hunter, Ridge, and Hunters Cove. Statement of Community Need for Annexation Because the demand for growth along the Front Range is a reality, residential development such as this provides stability against the threat of urban sprawl. A planned development is designed to conform with the wants and needs of a community, while providing much needed housing for the influx of future residents. The Rangeview Estates Annexation will be an asset to the future growth of the Town of Mead. In continuing with the framework established in the Comprehensive Plan, this annexation will provide the community with an extension of the rural atmosphere preferred throughout the Town. Large estate lots promote low-density, single-family living, as well as encourage preservation of effective open space. In addition, this annexation provides an attractive increase in the supply of residential accommodation in the area, without overburdening the existing roadways and public services. w ,+ s , k,� _T ,� do _-_ • 1 ' MEAD +'K e + . - C. • ,. , is x .. • i ; , T 3 N E "_ SITE -'*° ` 15 t, .. .--rl. - S. 1 �, WELD COUNTY ROAD 32 , S- �_ a- , n r 1 I O ''" - ,' 22 A'.q- HIGHWAY 6. 6 ry}ng .I �1, J ___' v ' ,,� —,-T:-• 1 - ,:mom .a- L 6 -_ , W r 3 2 , _.• it ! ._ T ..g c,,,S,YY Ra t. i Yir1Yd � t t 'Y{ 1 �� f , • mist ppti 4- I 33 I -;'P-y "-'�t 34 •s- �s \ µk x'SR K+y'Tt yk 5 M 1 q.1��1: //r" >� F v -to ", �f:'_.1 2000 1000 0 2000 SCALE N FEET MAP VICINITY oac 04/11/00 _ Job rc 99-152 RANGEVIEW ESTATES ANNEXATION N TuttleApplegate,Inc. ua.2 .m — �m� •+uw MEAD, COLORADO <vm.ra.uv�a.�.rm�v.. ciwaa L02, = 11990Din.0oh,Sam-Su0c M Fit vicinity130344520611 Fu:00N„x`9 Ng a VR itae..nmra0000 N Scat 1.2Ufl PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We, Walter and Ursula Eberspacher, the undersigned landowners, 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: See Exhibit A As part of this petition, your petitioners further state to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory described be annexed to the Towi of Mead. 2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105, as amended, e>ist 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. PETITION ANX October 26,1995 g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Mead, and the proposed land uses for the area, such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Mead will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Mead but is not bounded on both sides by the Town of Mead. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared and containing the seal of a registered Prqfessional Land Surveyor; c. Within the annexation boundary, a map showing 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; PETITION ANX October 26.1995 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 showing 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 requested for the area proposed to be annexed is PUD. WHEREFORE, the following petitioners respectfully request 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 , mortgagor and/or lienholder shall also sign the Application.) Ow G- � 7 L , Date: //AY z9o�-- Owner: _ziC fYz7✓uc, c a, Date: ' ' c_'E c. cor Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this ale day of /1111 Y _ O 0 by G) a(-4-et (jrs(4.tn f.--Spc,J, My commission expires: ^.` (tmmni rthnExpir*July s.?t!'•) Witness My hand and official seal. 2 ),ALe of ry Public I , o - •'o.. • '.,J PETIT ION.ANX October 26,1995 3 DATE OF SIGNATURE INFORMATION Legal Description Landowner/Petitioner Mailing Address Date Signed of Land Owned PETIT'ON.ANX October 26,1995 4 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF _ , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of[ ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) SS. COUNTY OF The foregoing instrument was acknowledged before me this —_ day of 19 by My commission expires: Witness My hand and official seat Notary Pubbc PETITION ANX October 26.1995 Jur 09 00 02: 36p Walter 678-0177 p. 2 3C p 2554358 B-1612 P-540 06/23/1997 01 :45P PG 1 OF 2 REC DOC JQ Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00 40.50 TRUSTEE'S DEED THIS DEED, made this 19th day of June, 1997, between DAVID P. BERINGER, Trustee under the Peters Family Trust dated March 8, 1979, the party of the first part, and URSULA EBERSPACHER, of 14233 North 107th Street, Longmont, CO 80501, party of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of FOUR HUNDRED FIVE THOUSAND DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, all of the following described lot or parcel of land, erj situate, lying and being the County of Weld and State of Colorado, to-wit: f PARCEL#1 The North Half of the Southeast Quarter (N1/2SE1/4) of Section 16, Township 3 North, Range 68 West of the 6th P.M.,Weld County, Colorado, excepting therefrom that portion conveyed to The Northern Construction Company by Deed recorded May 12, 1905 in Book 221 at Page 13 described as follows: A strip of land 80 feet in width through over and across the Southeast Quarter of Section 16, being 40 feet on each side of the center line of the Great Western Railway as now surveyed and located; said center line being described as follows to-wit: Beginning at a point on the south line of said section 16, 2419 feet west of the Southeast corner of said section, thence North 21019'East, 2858 feet more or less intersecting the East and West half section line 1370 feet west of the East quarter corner of said Section 16, variation 15030'East. PARCEL#2 All that part of the Northeast Quarter of the Southwest Quarter(NE1/4SW1/4) of Section 16, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, lying East of the Highland Ditch. The party of the first part conveys all mineral rights currently owned by the party of the first part, if any. The party of the first part makes no warranty or other affirmation about the ownership of or rights in any minerals in, on or under the above described property. Together with 2 3/4 shares of The Highland Ditch Company and 38 acre foot units issued by Northern Colorado Water Conservancy District. Address: Vacant Land Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and Jun 09 CIO 02: 37p Walter 678-0177 P- 3 2554358 8-1612 P-540 06/23/1997 01 :45P PG 2 OF 2 profits thereof; and all the estate, right, title, interest, claim and demand which the said party of the first part has acquired and that he has in said premises, either in law or equity, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, and the party of the first part covenants and agrees with the party of the second part, that he has good right, full power and lawful authority to grant,bargain, sell, and convey the said premises in manner and form aforesaid, and that the same are lime and clear from all former and other liens,taxes, assessments and encumbrances of whatever kind or nature except 1997 taxes and assessments which second party assumes and agrees to pay; and except(i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title (Documents accepted by Second Party in accordance with subsection 9(a) of the Contract, (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b) of the Contract, (iv) inclusion of the Property within any special taxing district, and v) subject to building and zoning regulations; and subject to the farm lease to Heil Farms.. The party of the first part further covenants and agrees with the party of the second part, that at the time of the execution of this Deed he is the duly and acting Trustee under the Peters Family Trust Agreement dated March 8, 1979. First party makes and executes this Deed pursuant to the powers granted to first party under the provisions of the Trust. The state documentary fee to be paid by Grantee in connection with this transaction is $40.50 IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written, DAVID P. BERINGER- TRUSTEE PETERS FAMILY TRUST By:lD&AA4 t 'a C-A RL [SEAL] David P. Beringer- Trustee STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before me this)iE—day of June, 1997, by David P. Beringer, Trustee of the Peters Family Trust dated March 8, 1979. Witness my hand and official seal. 7 • No ublic My commission expires:do-2 re: KAROLYN J.HOIMES 2 °�'=; Commission 01075717 t 2 p4tyi Notary Public—Calitornlo _ Los Angeles Count My Comm.Expires Oct 22.1999 Jun 09 00 02: 37p Walter 678-0177 p. 4 3S9 2554359 B-1612 P-541 06/23/1997 01 :45P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 11 .00 40.53 TRUSTEE'S DEED THIS DEED, made this 19th day of June, 1997, between DAVID P. BERINGER, Trustee under the Peters Family Trust dated March 8, 1979, the party of the first part, and WALTER EBERSPACHER, of 14233 North 107th Street, Longmont, CO 80501, party of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of FOUR HUNDRED FIVE THOUSAND DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, all of the following described lot or parcel of land, situate, lying and being the County of Weld and State of Colorado, to-wit: The South Half of the Southeast Quarter (S1/2SE1/4) of Section 16, Township 3 North, Range 68 West of the 6th P.M.,Weld County, Colorado, excepting therefrom that portion conveyed to the Northern Construction Company by Deed recorded May 12, 1905 in Book 221 at Page 13 described as follows: A strip of land 80 feet in width through over and across the Southeast Quarter of Section 16, being 40 feet on each side of the center line of the Great Western Railway as now surveyed and located, said center line being described as follows to-wit: Beginning at a point on the south line of said Section 16, 2419 feet west of the Southeast Corner of said Section 16, 0, 2419 feet west of the Southeast Corner of said Section; thence N 21019' E. 2858 feet 1.4 more or less intersecting the East and West half section line 1370 feet west of the East Quarter corner of said Section 16, variation 15030'E. The party of the first part conveys all mineral rights currently owned by the party of the first part, if any. The party of the first part makes no warranty or other affirmation about the ownership of or rights in any minerals in, on or under the above described property. Together with 2 3/4 shares of The Highland Ditch Company and 38 acre foot units issued by Northern Colorado Water Conservancy District. Address: Vacant Land Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand which the said party of the first part has acquired and that he has in said premises, either in law or equity, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, and the party of the first part covenants and agrees with the party of the second part, that he has good right, full power and lawful authority to grant,bargain, sell, and convey the said premises in manner and form aforesaid, and that the same are Jun 09 00 02: 37p Walter 678-0177 p- 5 2554359 B-1612 P-541 06/23/1597 01 :45P PG 2 OF 2 free and clear from all former end other liens, taxes, assessments and encumbrances of whatever kind or nature except 1997 taxes and assessments which second party assumes and agrees to pay; and except(i) distribution utility easements (including cable TV), (ii)those matters reflected by the Title Documents accepted by Second Party in accordance with subsection 9(a) of the Contract, (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b) of the Contract, (iv) inclusion of the Property within any special taxing district, and (v) subject to building and zoning regulations; and subject to the farm lease to Heil Farms.. The party of the first part further covenants and agrees with the party of the second part, that at the time of the execution of this Deed he is the duly and acting Trustee under the Peters Family Trust Agreement dated March 8, 1979. First party makes and executes this Deed pursuant to the powers granted to first party under the provisions of the Trust. The state documentary fee to be paid by Grantee in connection with this transaction is $40.50. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. DAVID P. BERINGER- TRUSTEE PETERS FAMILY TRUST �n TEAL1 By: )`�a� 1 - David P. Beringer- T tee STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before me this yiSkil day of June, 1997, by David P. Beringer, Trustee of the Peters Family Trust dated March 8, 1979. Witness my hand and official seal. 2 , /J Not Public My commission expires:viO-.2 2 -cn KA, F J ROIYN J.HOLMES 1.4 �d•'-32`� Commission#1075717 y ^�,, Notary Pubiie—Caiiforrua \"�''J tns Mpeles County My Comm.Expires Oct 22.1999 2 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. Applicants name, address and telephone number: Walter and Ursula Eberspacher(303)678.5810 14233 N. 107'"Street, Longmont,CO 80501 2. Legal description of the property proposed for the land use change: Exhibit A 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. Existing land use: agricultural. Surrounding land uses include;agricultural (north and west) and SFR(east and south). 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. SFR, 73 dwelling units If the proposed land use change involves the annexation of land, the applicant must submit a petitior 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 nap, 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 Plan 7. A master development plan, if the land use change is proposed to be constructed in stages requ ring separate reviews and approvals. N/A D-2GORM.WP5 October 26,1995 1 8. Provide an elevation drawing of the proposed structure(s)showing height and describing the exteror materials. [attach drawings as necessary] N/A 9. The fiscal impact analysis, Form D-4. See Form Enclosed 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.)41 Own‘—z // - - —Date: /4c47,:‘' 267 .mac Owner:1,41tn . L-4 �' l Date: %fir2f'd4 , tvicc, Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF The fore oing ingtr ment was acknowledged before me this ( day of _ t}') a , 20o 0 by AdY commission My hand Alt �� Witness My hand and official seal. 'v. n9 Fxri jv /s„ip(4 Nolary Public • APPLICANT NOT TO WRITE BELOW THIS LINE""*************** B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 4. Other Referrals: D-2FORM.WP5 October 26,1995 2 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[j 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[] 5. The application is: [ ] approved [ ]disapproved [ ] approved with the following conditions: a) b) c) d) (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[ I 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ ] No[ 4. The application is: [ ] approved 0.2FORM WP5 October 26.1995 3 [ ] disapproved [ ] approved with the following conditions: a) b) c) d) (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead, Colorado, this day of , 20 ATTEST: Town Clerk Mayor D-2 FORM.WP5 Oclober 26,1995 4 Exhibit A LEGAL DESCRIPTION: BEGINNING AT THE EAST Y CORNER OF SECTION 16, T3N, R68W OF 6 1H P.M. FROM WHENCE THE SE CORNER OF SECTION 16 BEARS S01°03'16"E, 2653.93 FEET AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N89°03'44"E A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 7; THENCE S01°03'16"E ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 2623.93 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO.32; THENCE ALONG SAID NORTH RIGHT-OF-WAY S89°02'35"W A DISTANCE OF 1412.33 FEET; THENCE S00°29'21"E A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT- OF-WAY OF WELD COUNTY ROAD NO. 32; THENCE ALONG SAID SOUTH RIGHT-OF- WAYS89°02'35"W A DISTANCE OF 1252.37 FEET; THENCE N01°12'44" A DISTANCE OF 30.00 FEET TO THE S Y. OF SECTION 16, T3N, R68W OF 6T" P.M.; THENCE N01°12'44"W ALONG THE WEST LINE OF THE SOUTHEAST '/, OF SAID SECTION 16, A DISTANCE OF 1863.69 FEET TO A POINT IN THE CENTERLINE OF HIGHLAND DITCH; THENCE ALONG SAID CENTERLINE N34°30'13"W A DISTANCE OF 210.05 FEET; THENCE N30°30'54"W A DISTANCE OF 395.21 FEET; THENCE N25°54'24"W A DISTANCE OF 163.30 FEET; THENCE N28°03'57"W A DISTANCE OF 139.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 16; THENCE N89°03'44"E ALONG SAID NORTH LINE OF THE SOUTH HALF OF SECTION 16, A DISTANCE OF 3082.76 FEET TO THE E '/, CORNER OF SECTION 16, T3N, R68W OF 6T" P.M.,ALSO BEING THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 166.766 ACRES MORE OR LESS. 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: Walter and Ursula Eberspacher 14233 N. 107th Street, Longmont, CO 80501 (303)678-5810 Name of the Project: Rangeview Estates Annexation REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units [29,200,000]I't x factor[9.74%]t2t=Assessed Valuation [2,844,080] Market value all multi-family units [ NIA ]t't x facto r[ 10.36% j2)=Assessed Valuation [ N/A ] Market value all mobile home units [ N/A ](1) x factor[ 10.36% 12) =Assessed Valuation [ N/A ] Market value all non-residential structures [ N/A r) x factor [ 29% "2t =Assessed Valuation [ N/A ] Total Assessed Valuation [2,844,080] Total Assessed Valuation [2,844,080] x Town mill levy [ 13.445 mills ](3)=Town Property Tax Revenue [ 38,239] Total Assessed Valuation [2,844,080]x School mill levy L 50.452 mills ]tat =School Property Tax Revenue [ 143,490] (1)Developer's projected market value. 2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed develc prnent from market value in the area. (3)Contact the Town Clerk for current factors. n'4FORM WP5 Oclober 26,1995 1 Total Assessed Valuation [2,844,080]x Fire District mill levy [ 9.624 mills ]13)= Fire District Property Tax Revenue [ 27,371 ] Total Assessed Valuation [2,844,080]x County mill levy [ 22.038 mills_]t31= County Property Tax Revenue [ 62,678] Total Assessed Valuation 2,844,080]x all other mill levies [ 2.900 mills [(J)= Other Property Tax Revenue [ 8,248] Total Property Tax Revenue [ 280,026] 2. Sales Tax. Population in the development [270*] x the last year's per capita collection [ $48.46 1131 = total annual sales tax revenue [ 13,084] 3. Water Revenue. Population in the development[N/A] x the last year's per capita collection [ $144.34 ](3) =total annual sales tax revenue [ N/A] 4. Sewer Revenue. Population in the development[270*]x the last year's per capita collection [ $75.21 1131 =total annual sales tax revenue [ 20,307] 5. Other Revenue(taxes,fees, permits, etc.). Population in the development[270*]x the last year's per capita collection [ $65.80 ](3) = total annual sales tax revenue [ 17,766] TOTAL RECURRING REVENUE [ 331,183] B. One-Time Revenues. 1. Building Permits. Number of dwelling units [73]t'1 x factor] $15.00 _]t3) = building permit revenue [ 1,095] 2. Use Taxes. Market value of structure(s) [ 29,200,000]11 x 50% x 2% = use tax revenue [ 292,000] of Developer's projected market value. 2t Call county assessor to determine what factor to use in order to obtain current assessed value of proposed develo)ment from market value in the area. t't Contact the Town Clerk for current factors. 'Population is based on 3.7 people/dwelling as specified under Section 03000 of the Town of Mead's Standard Design Criteria and construction requirements. D-AFORM.WP5 October 26.1995 2 3. Water Plant Investment. Total taps x factor[ $5,150.00 ]131= total PIF [ N/A] 4. Sewer Plant Investment. Total taps x factor [ $3,000.00 1(3) =total PIF [ 219,000] TOTAL ONE TIME REVENUE [ 512,095] III. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development[ 167] x 4% x factor[ $2,287.00 ](3) =total street maintenance costs [ 15,277] 2. Police Protection. Projected population at full development[270*] x per capita cost of police protection [ $23.87 ]13' =total police protection costs [ 6,445] 3. General Government. Projected population at full development[270*] x per capita cost of general government[ $87.18 ](3) =total general government costs [ 23,539] 4. Parks and Recreation. Projected population at full development[270*] x per capita cost of park maintenance [$10.00 ]131 =total park maintenance costs [ 2,700] Projected population at full development[270*] x per capita cost of recreation program L$0.00 X131 = total recreation program costs [ 0] 5. Water Treatment and Delivery. Projected population at full development[ N/A] x per capita cost of water treatment and delivery [ $221.42 —_ ]13) =total water costs [ N/A] 10 Developer's projected market value. (2)Call county assessor to determine what factor to use in order to obtain current assessed value of proposed development from market value in the area. (')Contact the Town Clerk for current factors. "Population Is based on 3.7 people/dwelling as specified under Section 03000 of the Town of Mead's Standard Design Criteria and construction requirements U-IFORM.WP5 October 26.1995 3 6. Sewer Collection and Treatment. Projected population at full development [270*] x per capita cost of sewer collection and treatment[ $100.20 ]tat =total sewer costs [ 27,054] 7. Storm Water and Drainage. Projected population at full development [270*] x per capita cost of storm water and drainage maintenance [$0.001(31= total storm water costs [ 0] TOTAL RECURRING COSTS [ 75,015] B. One-Time Costs. 1. Park and Recreation. Projected population at full development[270*] x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities [ $65.00 ]tat =total recreation facilities costs [ 87,750] 2. Water Plant. Projected population at full development[N/A] x gallons per capita [ 220 ]tat x cost per gallon of capacity [ $5.50 ]f3'=total cost of water plant [ N/A] 3. Sewer Plant. Projected population at full development [270*] x gallons per capita [ 100 gal. ** 1(3)x cost per gallon of capacity[ $3.50 Jf3)=total cost of sewer plant [ 94,500] TOTAL ONE-TIME COSTS [ 182,250] TOTAL RECURRING REVENUES [ 331,183] TOTAL RECURRING EXPENDITURES [ 75,015] DIFFERENCE [ 256,168] TOTAL ONE-TIME REVENUES [ 512,095] TOTAL ONE-TIME EXPENDITURES [ 182,250] DIFFERENCE [ 329,845] (1)Developers projected market value. Rt 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. j3t Contact the Town Clerk for current factors. *Population is based on 3.7 people/dwelling as specified under Section 03000 of the Town of Mead's Standard Design Criteria and construction requirements ** 100 g/c/d sewer flow as per Section 03000 of the Town of Mead's Standard Design Criteria and Construction Requirements O 4EORM.WP5 October 26.1995 4 III. Signature of the Applicant. By this acknowledgment, the undersigned hereby certify that the above information is complete anc 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.) Ow - % [ e- i Date: /WI? >4., Owner:4n(,. G4 C '6TC71111)01(. i//tGn Date: tr a7 2c/ 2a,«) Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO) SS. COUNTY OF The foregoing instrument was acknowledged before me this a (o day of fl A r 29 e by 1114(+-•- '0 ( t-rst4A t" •� My commission expiresigt. t6 Witness My hand and o idial se ann€x t+e"Jtt •i),2ft1Y+ ff T'� p" h aC 7"'�NotarY Public D-4i ORM.WP5 October 26.1995 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 24th day of May , A.D. 2000 , by anc between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and Walter and Ursula Eberspacher 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: See Exhibit A WHEREAS, the development process included all aspects of land use including but nct limited to annexation, subdivision, change of land use and the installation of public improvements; arid 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 ; 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. D-5F 0RM WP5 October 26,1995 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 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER. In the event that the Town incurs expenses for the review of the Owner's request, through the development process until final completion of the project, greater than the monies collected from the Owner in the form of land use fees, the Owner shall reimburse the Town for the additional expenses. Said reimbursement shall be made within ten (10)days of the Town submitting an invoice for the expenses. Failure by the Owner to pay within the specified time shall be cause for the Town to cease processing the application, or deny approval of the application, withhold the issuance of building permits or certificates of occupancy. 4. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. IN WITNESS WHEREOF,the Town and the Owner have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s)of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owntix t / LV 'C? ff/C=J , ,Nti Jet fi'-c roi Owner 8 Applicant. (attach additional signatures as necessary) ATTEST: TOWN OF MEAD By Mayor Town Clerk STATE OF COLORADO ) ) SS. COUNTY OF D-5FORM.WP5 October 26.1995 2 The foregoing instrument wq.s acknowledged before me this (. / 'day of 1 4 700 O by l a h 14—c Rr �r S..d a E_ spaci . Y My commission expires: ,P.mmntrO in Erire. :;.1r' • Witness My hand and official sealJ• ✓ ' Notary Public • D-5PORM WP5 October 26,1995 3 Exhibit A LEGAL DESCRIPTION: BEGINNING AT THE EAST % CORNER OF SECTION 16, T3N, R68W OF 6 TH P.M. FROM WHENCE THE SE CORNER OF SECTION 16 BEARS S01°03'16"E, 2653.93 FEET AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N89°03'44"E A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 7; THENCE S01°03'16"E ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 2623.93 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO.32; THENCE ALONG SAID NORTH RIGHT-OF-WAY S89°02'35"W A DISTANCE OF 1412.33 FEET; THENCE S00°29'21"E A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT- OF-WAY OF WELD COUNTY ROAD NO. 32; THENCE ALONG SAID SOUTH RIGHT-OF- WAYS89°02'35"W A DISTANCE OF 1252.37 FEET; THENCE N01°12'44" A DISTANCE OF 30.00 FEET TO THE S % OF SECTION 16, T3N, R68W OF 6T" P.M.; THENCE N01°12'44"W ALONG THE WEST LINE OF THE SOUTHEAST % OF SAID SECTION 16, A DISTANCE OF 1863.69 FEET TO A POINT IN THE CENTERLINE OF HIGHLAND DITCH; THENCE ALONG SAID CENTERLINE N34°30'13"W A DISTANCE OF 210.05 FEET; THENCE N30°30'54"VV A DISTANCE OF 395.21 FEET; THENCE N25°54'24"W A DISTANCE OF 163.30 FEET; THENCE N28°03'57"W A DISTANCE OF 139.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 16; THENCE N89°03'44"E ALONG SAID NORTH LINE OF THE SOUTH HALF OF SECTION 16, A DISTANCE OF 3082.76 FEET TO THE E Y CORNER OF SECTION 16, T3N, R68W OF 6T" P.M., ALSO BEING THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 166.766 ACRES MORE OR LESS. TOWN OF MEAD LAND USE CODE FORM D-6 INFORMATION AND DECISION RECORD FOR A LAND USE CHANGE OF NO SIGNIFICANT IMPACT Applicable Section(s): Copies Required: A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number: Walter and Ursula Eberspacher(303)678-5810 14233 N. 1071h Street, Longmont, CO 80501 2. Legal description of the property proposed for the land use change: Exhibit A 3. Give a brief nonlegal description of the proposed land use change including the construction of a house or outbuildings, type and height of fending, type of home occupation proposed, the placement of a mobile home, the placement of a sign,etc. N/A 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. Existing land use: agricultural. Surrounding land uses include; agricultural (north and west) and SFR(east and south). 5. If appropriate, provide a sketch plan of the proposed land use change, including a map, plot plan or diagram showing the lot lines, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; location of signs and major physical features, including drainage See Conceptual Plan 6. Provide an elevation drawing of the proposed structure(s)showing height and describing the exteririr materials. [attach drawings as necessary] N/A 7. Provide other information that the applicant believes will assist the Building Official in determining the "No Impact"status of the project and its compliance with applicable land uses regulations. [attach additional sheets as necessary] N/A D 2FORM.WP5 October 26,1995 8. Signature of the Applicant Date: /4 y c7(.6. Sae. **************"'APPLICANT NOT TO WRITE BELOW THIS LINE******************* B. Action by the Building Official. 1. The application is complete. Yes[] No[ 2. The application is for a Land Use Change of No Significant Impact. Yes [j No[] 3. The requirements of the Mead Land Use Code have been satisfied. Yes[] No[ 4. The Mead Use Tax has been paid. Yes[] No[] 5. A building permit is required. Yes [] No [] 6. The application is: [ ] approved [ ] disapproved [ ]disapproved, Minor or Major Impact Review is required [ ] approved with the following conditions: a) b) (attach additional conditions as necessary) DONE by the Building Official of Mead, Colorado, this day of ,20 . Building Official C. Review Agency Comments if necessary. 1. Building Official 2. Town Engineer 3. Town Attorney 4. Other Referrals: o c FORM.W P5 October 26,1995 2 Exhibit A LEGAL DESCRIPTION: BEGINNING AT THE EAST 'A CORNER OF SECTION 16, T3N, R68W OF 6 1H P.M. FROM WHENCE THE SE CORNER OF SECTION 16 BEARS S01°03'16"E, 2653.93 FEET AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N89°03'44"E A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 7; THENCE S01°03'16"E ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 2623.93 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO.32; THENCE ALONG SAID NORTH RIGHT-OF-WAY S89°02'35"W A DISTANCE OF 1412.33 FEET; THENCE S00°29'21"E A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT- OF-WAY OF WELD COUNTY ROAD NO. 32; THENCE ALONG SAID SOUTH RIGHT-OF- WAYS89°02'35"W A DISTANCE OF 1252.37 FEET; THENCE N01°12'44" A DISTANCE OF 30.00 FEET TO THE S % OF SECTION 16, T3N, R68W OF 6TH P.M.; THENCE N01°12'44"W ALONG THE WEST LINE OF THE SOUTHEAST Y OF SAID SECTION 16, A DISTANCE OF 1863.69 FEET TO A POINT IN THE CENTERLINE OF HIGHLAND DITCH; THENCE ALONG SAID CENTERLINE N34°30'13"W A DISTANCE OF 210.05 FEET; THENCE N30°30'541/1/ A DISTANCE OF 395.21 FEET; THENCE N25°5424"W A DISTANCE OF 163.30 FEET; THENCE N28°03'57"W A DISTANCE OF 139.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 16; THENCE N89°03'44"E ALONG SAID NORTH LINE OF THE SOUTH HALF OF SECTION 16, A DISTANCE OF 3082.76 FEET TO THE E 'A CORNER OF SECTION 16, T3N, R68W OF 6T" P.M.,ALSO BEING THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 166.766 ACRES MORE OR LESS. w �r...�,Ii`#n".6a"r•ip�^5"'F'Ak- ,�l.�a�i1.Ti sl'w.'4 rlV P,/a'�.^I.�A i�/.V^Pd�il6^!!iC.^&i^..'+i'k�:al�F i^..�4!� s.'�k lr6-� �--. Iro CHICAGO TITLE INSURANCE COMPANY Isa L'. COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the an ComP Y, tor valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate w interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums a•ul -�� charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations here d- This Commitment shall be effective only when the identity of the proposed Insured and the amount if the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at [hr time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liahil . and obligations hereunder shall cease and terminate six months after the effective date hereof or when the pull_ or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy n policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned ' v an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to he signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By Laws This Commitment is effective as of the date shown in Schedule A as "Effective Date." CHICAGO TITLE INSURANCE COMPANY By: Issued by: iEY° \% TITLE COMPANY 1221 8TH AVENUE .71 t � 1"residew GREELEY, CO 80631 0s. SEAi � gt: (970) 356-3232 :4( ,tudV Secular I l ,v-.•t ,,.�rL \1fr L, J Authorized Officer or Agentrol �} ifS.5. i s A. �• a.9�� 'm1w.a � a s.V.c r:'' = +a;�a�y-�y.'1�a,: .V.t 4,get." '.«, w -ate r i . 2880 --- III{ill: 5 i -' 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 natter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown .n Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge 'o 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 according!) , 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 he only to the named proposed Insured and such puties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or lot to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage di, icon 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 Exclusions from Covsragi and the Conditions and Stipulations of the fort of policy or policies committed for in favor of the proposed In v,hiclt are hereby incorporated by reference and are made a part of this Commitment except as expressly ntodilied herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title t the estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall he restricted to the provisions and Conditions and Stipulations of this Commitment. COMMITMENT FOR TITLE INSURANCE * * • * SCHEDULE A 1. affective Date: JUNE 19, 2000 @ 7:00 A.M. RE: Our Order No. : CT546L8 2 . Policy or Policies to be issued: A. ALTA Owner' s Policy Amount $ TO BE DETERMINED Proposed Insured: TO BE DETERMINED :3. ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: RANGE VIEW ESTATES LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is described as follows: "SEE SCHEDULE A CONTINUED" - 1 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE A "CONTINUED" RE: Our Order No. : CT5461.8 The South Half of the Southeast Quarter (S1/2SE1/4) of Section 16, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, excepting therefrom that portion conveyed to the Northern Construction Company by Deed recorded May 12, 1905 in Book 221 at Page 13 described as follows: A strip of land 80 feet in width through over and across the Southeast Quarter of Section 16, being 40 feet on each side of the center line of the Great Western Rz�.i.lway as now surveyed and located; said center line being described as follows to wit: Beginning at a point on the South line of said Section 16, 2419 feet. West of the Southeast Corner of said Section 16, 2419 feet West of the Southeast Corner of said Section; thence N21°19'E 2858 feet more or less intersecting the East and West half Section ling 1370 feet West of the East Quarter corner of said Section 16, variation 1530'E. COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE S Section 1 RE: Our Order No. : CTE4678 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the fu] l consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument(s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: 1 . Warranty Deed from RANGE VIEW ESTATES LLC, A COLORADO LIMITED LIABILITY COMPANY to Grantees to be Agreed Upon conveying the land described herein. 2 . Dollar amount of Policy coverage must be provided to the Company. 3 . A copy of the Operating Agreement and the Articles of Organization for RANGE V]EW ESTATES LLC, A LIMITED LIABILITY COMPANY must be presented to Weld County Title Company for examination and retention in its files. - 2 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : CT54638 EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: (a) Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; (b) Standard and Special Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6 . Taxes for the year 2000, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Subject to rights of way for County Roads 7 and 32 as shown on various maps. 8. Easement for TELEPHONE AND TELEGRAPH and incidental purposes as granted to THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. by instrument recorded May 7, 1930 in Book 894 at PAGE 394, the exact location of said easement not being specifically defined. 9. Possible right of way for Natural Gas pipe line as disclosed on Site Specific Development Plan, vicinity map recorded October 28, 1994 in Book 1465 as Reception No 243.2934. NOTE: According to a letter from Public Service dated May 30, 1997 this line was never installed on subject property. However, Public Service has applied for a Special Review to install a pipeline which will impact the east 35 feet of subject property and is requesting a 35 foot permanent easement with a 15 foot t.empoiary construction easement. CONTINUED NEXT PAGE - 3 - 8-2 CONTINUED CT5461.8 :LO. Easement for WATER LINE purposes as granted to the NORTHERN COLORADO WATER CONSERVACNY DISTRICT by instrument recorded MARCH 5, 1996 in BOOK 1535 as RECEPTION NO. 2479329, said easement being a portion of the SE1/4 of Section 16, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Commencing at the Southeast corner of said Section; thence Not°03 '16"W alone_ the easterly line of the SE1/4 of said section non-tangent with the following described curve a distance of 35.00 feet to the Point of Beginning; thence along the arc of a curve to the left, having a central angle of 4°24'00", a radius of 2775.00 feet, a chord bearing 586°30' 23"W a distance of 213 .05 feet, and an arc distance of 213 .10 feet; thence along the arc of a curvets to the right tangent with the last described curve, having a central angle of 4 24'07" , a radius of 2825. 00 feet, a chorc. °bearing 586°30'26"W a distance of 216 .99 feet, and an arc distance of 217. 05 Eeet; thence S88 42' 30"W tangent with the last described curve a distance of 170.32 feet , thence 589°02'27"W along a line being 15.00 feet northerly of and parallel with the southerly line of the SE1/4 of said section a distance of 1766.54 feet; thence N20°30'57"E along the easterly line of a parcel of a land decribed in Book 221, Page 13, recorded in Weld County Clerk and Recorder's office on May 12, 1905 a distance of 53 .73 feet; thence N89 02'27"E along a line being 65 .00 feet northerly of and parallel with the southerly line of the SE1/4 of said section a distance of 1746.73 feet; thence N88°42'30"E tangent with the following described curve a distance of 170.17 feet; thence along the arc of a curve to the left, having a central angle of 4°24' 07^ a radius of 2775.00 feet, a chord bearing N86 30'26"E a distance of 213.15 feet, and an arc distance of 213.20 feet; thence along the arc of a curve to the right, tangent u with the last described curve having a central angle of 4°24'15", a radius of 2825 00 °feet, a chord bearing N86°30'30"E a distance of 217 .10 feet, and an arc distance of 217 . 15 feet; thence SO103'16"E along the easterly line of the SE1/4 of said section non-tangent with the last described curve a distance of 50.00 feet to the Point of Beginning. AND A portion of the SEl/4 of Section 16, being more particularly described as follows Commencing at the South Quarter corner of said Section; thence NO1°12'44"W along the westerly line of the SE1/4 of said section a distance of 15.00 feet to the Point of Beginning; thence NO1°12'44"W continuing along said westerly line a distance of 50. 00 feet; thence N89°02'27"E along a line being 65.00 feet northerly of and parallel with the southerly line of the SE1/4 of said Section 16 a distance of 202.99 feet; thence 52C°30'57"W along the westerly line of a parcel of land described in Book 221 at Page 13, recorded in the Weld County Clerk and Recorder's Office on May 12, 1905 a distance of 53 . 73 feet; thence S89 02'27"W along a line being 15.00 feet northerly of and parallel with the southerly line of said Section 16 a distance of 183 .10 feet to the Point of Beginning. 11. Easements for telephone, electricity and water line purposes as shown on Land Survey Plat recorded September 7, 1995 in Book 1510 as Reception No. 2454578 . CONTINUEL NEXT PAGE - 4 - 3-2 CONTINUED CT54618 12 . Easement for communication facilities and incidental purposes as granted to PJBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION by instrument recorded August 5, 1997 in Book 1619 AS RECEPTION NO. 2561752, said easement being described as follows : A 35 foot easement being 10 feet Easterly and 25 feet Westerly of the following described line located in the North 1/2 Southeast 1/4 of Section 16, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast corner of said North 1/2 S rutheast 1/4 of Section 16; thence along the North line of said North 1/2 Southeast 1/4 North 90° 00' 00" West, 30 feet to the Westerly right of way line of Weld County Road 7; thence North 90° 00' 00" West 10 feet to the Point of Beginning; thence South 01° 03' 34" East 1327.62 feet to the Point of Termination on the Southerly line of said North 1/2 Southeast 1/4 of Section 16. 13 . Easement for communication facilities and incidental purposes as granted to PJBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION by instrument recorded August 5, 1997 in Book 1619 as RECEPTION NO. 2561753, said easement being described as Follows : A 30 foot easement being 10 feet Easterly and 25 feet Westerly of the following described line located in the South 1/2 Southeast 1/4 of Section 16, Township 3 North, Range 68 West of the 6th. P.M. , County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast corner of said South 1/2 Southeast 1/4 of Section 16; thence along the North line of said South 1/2 Southeast 1/4, North 89° 02' 51" West 30 o fee: to the Westerly right of way line of Weld County Road 7; thence North 89`) 02' 51" Wes: 10 feet to the Point of Beginning; thecne South 01 O 03' 34" WEast, 1296. 29 feet to che Point of Terminus on the Northerly right of way line of Weld County Road 32 . - 5 - Soil Description / f i . d2 • 4 81 • 42 x.82 Safi 1 '' 5 ti '�14 C, 7 xs�� , to.� »; �Tr <4-31.15:1't a s s as § '4'5'''':4 '�' �fi as it z r V _ Z 44Sn e.,1� ° ‘.1.1: !Yiz. .., >� , k m O�cc 82 '''' SITE �� * 82 Z 42 O tM ',...1 ■4 ' -, y3cgkk k B/�w t ? ` (�ii} fit,, # :I k WELD'' , .- o32 iii NO In 4 \ I a,.` , 1111 ,"1U 'x;Q,' , 16 A J I, �., 1, Iv\6\\‘‘, . ... coo 9 1I 5001.MI 4 SCALE IA FE T SOILS MAP Doe 04/,1/00"o ss sz RANOEVIEW ESTATES ANNEXATION _ TuttleApplegate,lnc. 051t CI = _ a c st.n for u nwaw we..m . oa�s�. uol/sco MEAD, COLORADO m I 199aaa 94ra.ou.334 CneckeE'. LCO Nava,C..30233 RANOEVIEW ESTATES 'S2.4611 11 003 432.27.. 82-Wiley-Colby complex, 1 to 3 percent slopes. This nearly level mop unit is on smooth plains in this we cern fsr' of the survey area at elevations of 4,850 to 5,000 feet. The Wiley soil makes up about 60 nose of i re t, and the Colby soil about 30 percent. About 10 percent is Heldt silty clay and Weld 'Dam. The Wiley soil is deep and well drained- It formed in calcareous cation deposits. Typically the s ,face eye- s pale brown silt loam about 1 I inches thick. The subsoil is pale brown silty clay loam aba:r 2. tact e5 to ck. The substratum to a depth of 60 inches is very pole brown silty clay loam. Permeability is moderately slow- Available water capacity is high. the effective rooting depth i, Si irr:':.e or more. Surface runoff is medium, and the erosion hazard is moderate. The Colby soil also is deep and well drained and formed in calcareous eolian deposits. Typicall. the surface layer is pale brown loam about 7 Mot-es thick. 1he underlying material is very pale brown ;lit earn -:1 c. deptn of 60 inches. Permeability is moderate. Available water capacity is high. the effective rooting depth is 60 inc es : r mare. Surface runoff is medium, and the erosion hazard is moderate- This map unit is used for irrigated and nonirrigated cropland and for rangeland, wildlife hat itat and urban development. In rrigated areas these soils are suited to all crops commonly grown in the area, including co r , sari it t:Bets, beans, alfalfa, small grain, and onions. An example of a suitable cropping system is 3 to z ye sits c f cltclfo followed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining ono I 1 an ling pipelines may be needed for proper water applications. All methods of irrigation are suitable, but furrow irrigation is the most common. Barnyarc rmon. re aaa commercial fertilizer are needed for top yields. In nanirrigated areas these soils are suited to winter wheat, barley, and sorghum. Most of the n:react. I.; planted to winter wheat. the predicted average yield is 28 bushels per acre. the soil is sumrne. fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial i re a' ferti izer. Stubble mulch forming, striperopping, and minimum tillage are needed to control water eras on. Ierr-arena also may be needed to control water er osion. the potential native vegetation is dominated by blue grama. Several mid grasses such as weste m wheatgrass arta needleandthread are also present. Potential production ranges from 1,600 pounds per acre in favorab e years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buffalograss, snakeweed, yucca and fringed sage increase; and forage production drops. IJndes -1hle weeds and annuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the ( tell aiunlcl production. Seeding is desirable it the range is in poor condition. Sideoats grama, little bluester west cm wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding The arcs selected showed meet the seasonal requirements of livestock. It can be seeded into a clear, fern saris r cm stubble or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven r :st s,-ccersful. Windbreaks and environmental plantings are generally well suited to these soils. Cultivation to cc rtrol competing vegetation should be continued for as many years as possible following planting- her s that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pins, Sioerlan elm, Russian—olive, and hackberry. the shrubs best suited are skunkbush sumac, lilac, Slider an neashm,b, and American plum. Openland wildlife, such as pheasant, mourning dove, and cottontail are best suited to these soi s Wiiddiife habitat development, including tree and shrub plantings and grass plantings to serve as nee ing niece, should be successful without irrigation during most years. Under irrigation, good wildlife habitat can be r-stable snee, benefiting many kinds of openland wildlife. The Wiley soil has only fair potential for urban and recreational development. Slow permeability, medic rte shrink- swell potential, and limited bearing capacity cause problems in dwelling and road constre ;lion te Colby soil has good potential for urban and recreational development. Road design ccn be clod fed to compensate for toe limited capacity of this soil to support a load- Capability subclass de mica-=t, f/c nonirricated; Loamy Plains range site SOILS MAP LEGEND (82) Dote: 04/11/00 Job No 99-152 RANOEVIEW ESTATES ANNEXATION TluttleApplegate,Inc. Drc.n. WOO — Des.gn. uac/1 CO MEAD, COLORADO cmmmn fir Laud,Kann*mid w.� 1r91106n SOra.Suite la Imams amain Checked' Lou) p.y,Co.ROM rile. suis.o.q RANOEVIEW ESTATES (303)452-6611Fv:!1113$51.2'59 vm� same r=soap' 42-Nunn clay loam, 1 to 3 percent slopes. This is a deer, well drained sail on terraces and scat° a olci- s a elevations of 4,550 to 5,150 feet. It formed in mixed alluvium and eolian deposits. Included le muuping are small, long and narrow areas of sand and gravel deposits and small areas of soils '.hat ire e rine-t ro occasional flooding_ Some leveled areas are also included. Typically the surface layer of this Nunn soil is grayish brown clay loam about 9 inches I her :he subsoil is light brownish gray clay loam about 14 inches thick. the upper part of the et.bsti aum light brownish gray clay loge. U-112' lower part to a depth of 60 inches is brown sandy k am Permeability is moderately slow. Available water capacity is high. The effective rooting (kith s 6C :n-hes or more. Surface runoff is medium, and the erosion hazard is low. In irrigated areas this soil is suited to all crops commonly grown in the area, including cccrr suca' beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping aiitem P. to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or boors. .Hr.neraliy such characteristics as the high clay content or the rapidly permeable substratum slights re :frict some crops. All methods of irrigation are suitable, but furrow irrigation is the most common. Proper rrig mtion water me nagement is essential. barnyard manure and commercial fertilizer ore needed for top Solos In nonirrigated areas most of the acreage is in small grain and it is summer fallowed ir alternate years. Winter wheat is the principal crop. The predicted average yield is 33 bushels per acre If the crop is winterkilled, spring wheat con he seeded. Generally precipitation is too low for henefi ill use o` fertilizer. Stubble mulch farming, striperoppinq, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by western wheatgrass and blue grama. Huff eloccass is also pre sent. Potential production ranges from 1,000 pounds per acre in favorable years to 600 pounds in unfavorable years. As range condition deteriorates, a blue grama -buffalograss sod forms. Undesirable we=ds and annuals invade the site as range condition becomes poorer. Management of vegetation of this soil should be based on taking half and leaving half o: tit , total annual production. Range pitting can help in reducing runoff. Seeding is desirable ,f the once is ir poor condition_ Western wheatgrass, blue grama, sideoats grama, buffalograss, pubescent who otgrase, and crested wheatgrass are suitable for seeding_ The grass selected should meet the season rec uirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it cur be arnica into a "irm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally well suited to this soil. Cultivation :u a r.trol competing vegetation should be continued for as many years as possible following planting Frees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, sander ram pine, Siberian elm, Russian—olive, and hack berry. the shrubs best suited are skunkbush sumac, tilo;, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. the cropland areas provide favorable hub: nt fat ring—necked pheasant and mourning dove. Many nongame species can be attracted by ee tab 'e.hing area for nesting end escape cover_ For pheasants, undisturbed nesting cover is essential and ;Hold be included in plans for habitat development, especially in areas of intensive agriculture. Rangelc ad wi r11ife, for example, the pronghorn antelope, can be attracted by developing livestock watering tc cilit es, mcnaging livestock grazing, and reseeding where needed. This soil has fair to poor potential for urban development. It has moderate to high shrine s,:rell, ow strongth, and moderately slow permeability. These features create problems indwelling and ror d construction. Those areas That have loam or sandy loam in the lower part of the substretun are suitable for septic tank absorption fields and foundations. Some areas of this soil are acjacr nt to streams and are subject to occasional Hooding. The potential is fair for such recreations de relop m,^.t as camp and picnic areas and playgrounds. Capability subclass Ile irrigated, Mc nonirrigct91; f lays Plains range site SOILS MAP LEGEND (42) Bare De /DD Job Na 99-152 RANOEVIEW ESTATES ANNEXATION TuttleApplegate,lnc. WSN `m'°"""°"�'t Deso�rrr: M0L/Leo MEAD,COLORADO a aea Mon is, 11990a,m s - ra Checked'. Lm = Ums.Cw wut0]J]sate sec fliment RANOEVIEW ESTATES (303)02-6611 Pm:(301)452-2719 rmm.nack.e.�rw. Hello