HomeMy WebLinkAbout20073273.tiff TETRA TECH 1900 S.Sunset Street,Suite I-F Longmont,CO 80501
l ■V Tel.303.7725282 Fax 303.772-7039
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MEMORANDUM
To: Kim Ogle, Planner, Weld County
From: Julie Cozad
Subject: Longs Peak Subdivision Service Agreement
Date: July 16, 2007
This memo addresses the Subdivision Service Agreement between Longs Peak Water District
and Midwest Heritage Inn of Visalia, Inc., and Midwest Heritage Inn of Deptford, Inc. A final
draft copy of the agreement is being submitted with the Change of Zone application. A copy was
provided to Bruce Barker, County Attorney on June 14, 2007 for his review. Longs Peak Water
District Board of Directors approved the agreement on July 12, 2007.
The final executed agreement will be forwarded to the Department of Planning Services.
Thank you.
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1 2007-3273
• SUBDIVISION SERVICE AGREEMENT
1. PARTIES. The parties to this Subdivision Service Agreement(this"Agreement") are the ST.
VRAIN SANITATION DISTRICT ("District") and MIDWEST HERITAGE INN OF VISALIA,
INC., a North Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC., a
North Dakota corporation(collectively, "Applicant").
2. RECITALS AND PURPOSES. The Applicant owns, or is in the process of purchasing,
certain real property, legally described in Exhibit A (the"Property"). Exhibit A is attached to this
Agreement and incorporated herein by this reference. The District is a special district, which
provides sanitary sewer service to its customers for which monthly service charges are made. The
Applicant desires that the District provide sanitary sewer service("Service") within the boundaries
of the Property. The District desires to supply Service. The purpose of this Agreement is to set
forth the terms and conditions concerning the purchase of Service connections and the District's
providing such Service to the Property.
3. SUBDIVISION OF P; "'' 'TY. The Applicant intends to subdivide the Property.
The Applicant has furnished • '•'stri with preliminary plans which describe the future total
development of the Property so 'at pri• to - 'tering into this Agreement the District could study
and consider the total developm-•". greement as it relates to future demands upon the
District for service within the entire d . u ' . 'd the effect this may have, presently and in the
future, on the District's entire system-and . .gations in regard thereto. At such time as the
Applicant obtains a final subdivision plat "Fin ",or collectively,the"Final Plats") for the
• subdivision of the Property("Subdivision' t agrees to furnish a reproducible copy of
the Final Plat to the District. Any change or 'on ' the area, size, shape, density, usages,
requirements, number of service connections or velopment of a Subdivision that may
affect the issuance of taps pursuant to this A sh first require the advance written
approval of the District. For purposes of this paragraph, e t "approval" shall only extend to
the District's review of the Applicant's proposed sanitary s ''' frastructure and other utility-
related issues within the Property, and such term shall -r.'; include any land-use issues. The
District's approval shall not be unreasonably withheld,conditioned or delayed.
4. CONDITIONAL COMMITMENT TO SELL/PURCHASE SANITARY SEWER
SERVICE
4.1 Subject to subsections (a) and (b)below, Applicant hereby applies for JTBDE
single-family residential equivalent sanitary service connections ("Connections") to the
District's sanitary sewer system for service within the Property. Subject to the terms and
conditions stated in this Agreement, the District hereby conditionally commits to sell, and
the Applicant hereby conditionally commits to purchase, such total number of taps at the
then-current plant investment fee per connection, and other applicable fees and charges
pursuant to applicable District by-laws, rules and regulations, which may be in force from
time to time(the"District's Rules and Regulations") for use solely within the boundaries of
the Property,upon the terms and conditions set forth in this Agreement.
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LONGS PEAK WATER DISTRICT
SUBDIVISION SERVICE AGREEMENT
FOR
WATERFRONT AT FOSTER LAKE
I. PARTIES.The parties to this Agreement are the LONGS PEAK WATER
DISTRICT("District"),and MIDWEST HERITAGE INN OF VISALIA,INC.,a North
Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD,INC.,a North
Dakota corporation(collectively, "Owner").The District and the Owner are hereinafter
referred to collectively as the Parties.
2. RECITALS AND PURPOSE. The Owner is the owner of certain property which
it desires to develop and which is referred to as Waterfront at Foster Lake
("Subdivision"). The Subdivision is within the District's service area and is described on
attached EXHIBIT A. The I' u 'ct is a special district organized under Colorado law
which provides domestic : lion water service to its customers for which monthly
service charges are i1 .. e l i er desires that the District commit to provide water
service within the bo ' 'es o e ' 'vision for approximately residential lot
equivalent taps("RLE's"). • • comply with all of the District's Bylaws,
Policies and Regulations as th a hereafter exist.In order for the District to
provide domestic and/or irrigation w: , . ' w :in improvements to the District's
• system(s)must be made.The Owner . `' :.; Off-Site potable water
infrastructure to accommodate the total u um: 1 f - al units in the Subdivision;
will install or participate in(via rebate or • t ::_ -�„ents described in
EXHIBIT B)certain other Off-Site potable w: lR.:. : . accommodate the total
number of RLE's in the Subdivision;install all required On-S' .le water
infrastructure to support the total demands and requiremen' .f the Subdivision; and
install On-Site and Off-Site Brown Water Irrigation Syst a infrastructure("Irrigation
System")to accommodate the total number of RLE's in the Subdivision. Ownership of
the On-Site and Off-Site potable water infrastructure improvements constructed on behalf
of Owner will be transferred to the District upon completion,approval of and acceptance
by the District.The District shall own and operate the Irrigation System, and ownership
of all On-Site and Off-Site Irrigation System infrastructure constructed by the
Constructing Party(as hereinafter defined)will be transferred to the District upon
completion,approval of and acceptance by the District.District policies regarding
ownership and operation of Irrigation Systems will be forthcoming.If the Owner
complies with this Agreement,then the District agrees to provide potable water service
for all requested taps under the terms and conditions set forth in this Agreement, and in
accordance with the District Bylaws, Policies and Regulations.In addition,if the Owner
complies with this Agreement,then the District agrees to provide irrigation water service
for all requested taps under the terms and conditions set forth in this Agreement, and in
accordance with the District Bylaws,Policies and Regulations,including forthcoming
policies regarding Irrigation Systems.The purpose of this Agreement is to set forth the
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terms and conditions concerning the District's supplying such Water Service to the
Subdivision.Accordingly,the Parties agree to the following provisions in consideration
of the terms,conditions,and mutual covenants set forth herein.
NOW,THEREFORE,THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Subject to the terms and conditions set forth herein,the Owner,a
metropolitan or similar special district formed by Owner and on behalf of Owner
_(the"Owner's District")or a third party who hereinafter acquires any portion of
the Property(any of the foregoing are referred to as the"Constructing Party")
shall install the On-Site and Off Site infrastructure improvements for both the
potable water system and for the Irrigation System ("Installations")pursuant to
the plans and specifications approved by the District as stated in Paragraph 3.2 of
this Agreement. The ' 'gations and benefits to this Agreement shall run with the
land described in rib
3.2. The Co • : , ; submit plans and specification for the
Installations to the - c ' ap. val,which approval shall not be
unreasonably withheld, ' .di. or delayed.Upon receipt of the plans and
specifications for the Installa ns,th 'et shall have a reasonable time
• (approximately 30 days)to - e' p .s an specifications for approval or
rejection. If written notice of a.•rov: of - • the Constructing Party
within such time period,the plans and • do.L .• ; be deemed rejected;
provided,however,if the District rej ch . • an ifrcations,the
District agrees to provide to the Constructing Party . S for such rejection.
The Constructing Party shall have the right to resu. . amended plans to the
District for review.The District may impose r- : ;ble standards for the
protection of the District.This review process shall continue until the plans and
specifications are approved by the District(collectively,the"Approved Plans")or
until terminated by the Owner.Upon this approval, and subject to the conditions
set forth in Paragraph 8 below,the Owner and District shall execute a Line
Extension,Participation and Rebate Agreement,a Tap Purchase Agreement, and
other such agreements(all of the above,reasonably acceptable to Owner and the
District)so as to accommodate water service to the Subdivision. The Constructing
Party shall make no modifications to the Approved Plans without the prior written
approval of the District,which approval shall not be unreasonably withheld,
conditioned or delayed.
3.3 The Constructing Party shall notify the District at least three(3)business
days preceding the date of commencing work involved on the Installations,or
replacement of the Installations,permitted hereunder.The District may inspect
the Installations or replacements during the construction thereof,as it deems
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necessary to protect its interests.The right of the District to inspect the
Installations or replacements shall be solely for the benefit of the District and
shall not be deemed to be a waiver by the District to enforce the obligation of the
Constructing Party to construct the Installations in accordance with the plans and
shall not be deemed to estop the District for the Constructing Party's failure to
install or properly design its Installations.
3.4 The Constructing Party agrees that the construction permitted hereunder
shall proceed with reasonable diligence from the initiation of such construction to
its completion.The construction by the Constructing Party may be completed in
two or more phases or filings as elected by the Owner and as may be approved by
the District,which approval shall not be unreasonably withheld. The Installations
shall be constructed in such a manner so as not to interfere with the operations of
existing facilities owned by the District without the prior permission of,
notification to and coordination with the District.
3.5 Upon co.. . ,o the Installations,the Constructing Party shall notify
the District.The . 'ct : : 1 accept or reject Installations except that the District
shall not be r.. . to ; a. -'ect until and unless all fees billed have been
paid pursuant to P o• and until all required easements for such
Installations have been ' ," ,e District shall not unreasonably withhold
acceptance.The District shall - enti test the Installations in accordance
• with District standards,spec'i : . �.?.' direr "ves.Acceptance or rejection
shall be in writing.If the Instal • b • rej the District shall specify the
reasons for rejection, and the Constru. , rrect same,and the above
process shall be repeated.Any and all g oth "ties appurtenant to
the District's existing facilities shall be replaced in a at least equal to the
condition of such facilities and appurtenances prior construction.
3.6 The District's review and approval of the plans and specifications for the
Installations is solely for its benefit and creates no benefit or right in any other
party. The District's review and approval of the plans and specifications shall not
relieve the Constructing Party or its agents or employees from its duty to properly
design and construct the Installations.
3.7 The Constructing Party shall install permanent markers or indicators
showing the location of the Installations for the purpose of locating the
Installations as required by the Utility Notifications Center of Colorado
("UNCC").These markers shall be installed in accordance with the standards,
specifications and directives of the District.Additionally,a trace wire shall be
installed along the entire length of the Installations,and shall be installed in
accordance with the District's standards and specifications.
3.8 The Constructing Party shall be responsible, at its own expense,for
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obtaining any local,state or federal permits or approvals necessary for
constructing the Installations.It is the Constructing Party's obligation to
investigate and determine the need for any such permits or approvals. The
Constructing Party is responsible,at its own expense,for obtaining all local,state
and federal permits or approvals and for compliance with all local, state and
federal laws and regulations applicable to the construction of the Installations,
including but not limited to land use and environmental laws and regulations,and
specifically including the Endangered Species Act,prior to beginning
construction.The Constructing Party shall indemnify the District for any and all
costs,damages,fines and fees,including reasonable attorneys' fees incurred by
the District as a result of the Constructing Party's failure to obtain such required
permits or approvals or failure to comply with all applicable laws and regulations.
4. INSPECTION.
4.1 The District i• ,ermitted to inspect the Installations, or replacement and
repairs of the Insta , during construction.Upon completion of the
construction,th strict :y inspect the Installations.
4.2 The Distri . the Installations or replacement of the
Installations in no way .ev onstructing Party of its liability for improper
design,construction or main : : i ce. r )istrict's inspection is solely for the
• benefit of the District and c on t to the District.Upon completion
of the construction of the Instal 'do any or filing,the Constructing
Party shall provide the District with a set "As Built"plans,and a set
of reproducible mylar"As Built"plans, eth ith cation from the
District certifying that such Installations were cons accordance with the
Approved Plans. In addition,the Constructing P all furnish the District with
a set of"As Built"drawings on CD in an AutoC format consistent with the
version currently being used by the District.
5. OWNERSHIP AND GUARANTEE.
5.1 The Constructing Party(if other than the Owner's District)shall convey
the Installations in any phase or filing to the Owner's District who shall then
convey such Installations to the District by means of a"Bill of Sale Agreement"
at such time as construction is complete and deemed acceptable by the District.If
the Constructing Party is the Owner's District,it shall convey the Installations to
the District by means of a"Bill of Sale Agreement"at such time as construction is
complete and deemed acceptable by the District.This submittal of conveyance
documents by the Owners'District shall take place prior to the formal acceptance
by the District.
5.2 The Constructing Party,its successors or assigns, shall be responsible for
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the repair of,or any replacement of the Installations until such time as the
Installations are conveyed to the District.Until the Installations are conveyed to
the District,the Constricting Party shall provide the District with three(3)days
advance notice of its intent to replace any portion of the Installations.The District
shall be entitled to inspect and approve such replacement(s).
5.3 After the Installations are conveyed to the District,the District shall be
responsible for the maintenance,repair and replacement of the Installations. The
Constructing Party shall guarantee the Installations as installed against faulty
workmanship and materials to the District for a period of one year after formal
_acceptance by the District(the"Guarantee Period")and shall,during the
Guarantee Period,pay all costs and expense of repair or replacement of the
Installations.At the District's request,the Constructing Party shall furnish the
District with a bond guaranteeing said repair or replacement.
6. REIMBURSEMENT • EXPENSES.
6.1 The Co+ + + _ agrees to reimburse the District for all reasonable
inspection,en_ = and administrative fees incurred by the
District in prep: + : ..+ . „ enforcing all aspects of this Agreement,the
costs associated with b. ecting these amounts for the District and the
costs of inspection as descri+• in P h 4.
• 6.2 Statements for costs c eab th ting Party hereunder will
be forwarded to the Owner and the the District within 30
days after the billing date. If payment of by the District within
30 days,Owner shall have breached this Agreement "ct may institute
legal proceedings to collect the amount due and ow' . In such proceeding,the
District shall be entitled to its costs and reasonabl ttomey's fees from the
Owner.
7. EASEMENTS.
7.1 The Owner is responsible for obtaining and ensuring dedication to the
District all required easements to support the Installations in accordance with the
standards,specifications and reasonable directives of the District.Any use of such
easements by any third party for waterlines and/or appurtenances prior to the
Constructing Party's completion of the Installations will require that such third
party pay reimbursement fees to the District,which will be paid to the Owner
pursuant to the terms of a mutually acceptable Line Extension,Participation and
Reimbursement Agreement to be entered into between the District and the Owner.
The Owner shall submit easement locations to the District for its dpp,oval,which
approval shall not be unreasonably withheld,conditioned or delayed.Upon
receipt of the easement locations,the District shall have reasonable time
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(approximately 30 days)to review the easement locations for approval or
rejection. If written notice of approval is not given to the Owner within such time
period,the easement locations shall be deemed to be rejected;provided,however,
if the District rejects such easement locations,the District agrees to provide to the
Owner the reasons for such rejection.The Owner shall have the right to resubmit
amended easement locations for review. The District may impose reasonable
standards for protection of the District. This review process shall continue until
the easement locations are approved by the District or until terminated by the
Owner.Upon approval,the District and each property owner granting an
easement("Grantor)shall execute a separate agreement;the easement locations
shall be attached and incorporated into said agreement as a graphic exhibit and a
legal desviiption. Owner shall make no modifications to the approved easement
locations without the prior written approval of the District,which approval shall
not be unreasonably withheld,conditioned or delayed.
8. CONDITIONS.
8.1 The O. 1 un. - • ids and acknowledges that the District obtains its
treated water n :h a - er agreement with the Little Thompson Water
District("Little I.. I I The ore,the District's ability to perform the terms
of this Agreement is co• I o. - the District being able to obtain sufficient
treated water capacity from L' e Tho n to support the number of RLE's
• contemplated by this Agreem t er understands and acknowledges
that capacity for both treatment d ery purchased by the Owner and
the charges/fees for those items are, ' by Little Thompson. Any
charges/fees imposed on the District b e nips ill be passed through
to the Owner. The Owner agrees that it will pay all su 'tional charges/fees.
8.2 Notwithstanding anything to the contrary tamed herein,the Owner's
obligations under this Agreement are expressly conditioned upon the Owner's
obtaining the necessary entitlements for the property(including,without
limitation,one(1)or more final plats for the Subdivision(each,a"Final Plat")),
satisfactory to the Owner in its sole discretion to allow for the Owner's planned
residential development of the property.In the event the condition precedent
above is not timely satisfied,then this Agreement shall be deemed void ab initio
and the parties shall have no further obligations hereunder.
8.3 Notwithstanding any provision herein to the contrary,the District's
obligation to provide potable water for the number of RLE's stated in paragraph
2,above,is expressly contingent upon each of the following events:
8.3.1 The construction of the Liberty Gulch Line from the Little
Thompson Water District's existing 24"transmission line in Sec. 6,
Township 3N,Range 68W to the proposed development located south of
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Colorado Hwy 66 lying in Sec.27&34,Township 3N,Range 68W.The
parties mutually acknowledge and agree that at the time of execution of
this Agreement, it is anticipated that the Liberty Gulch Line will be
constructed and installed by a third party pursuant to a line reimbursement
agreement and other agreements with the District and Centex Homes
("Centex")dated June 12,2006(the"LERP'). However,the District
makes no warranties or guaranty as to the construction of such line,or the
timeliness of such construction.
8.3.2 The construction by the Constructing Party,and approval and
acceptance by the District,of an Irrigation System to provide landscape
irrigation within the Subdivision utilizing pressurized non-treated brown
water utilizing the water transferred to the District pursuant to paragraph
8.4,below. The parties expressly acknowledge and agree that the number
of RLE's stated in paragraph 2,above,is dependent upon the construction,
implementatis and utilization of such a brown water irrigation system to
reduce the . a .f potable water required for the subdivision.
8.3.3 they . I i : .'bons stated in this paragraph 8.3 are not
fulfilled on . : aI ,L that Liberty Gulch Line is needed by the
Owner,the P. • a_. the Owner shall have the right,at its sole
election,to either(a) : lie ligations of Centex under the LERP
and complete the Li._ , e;o (b)pay to the District,funds
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sufficient to complete th i e pursuant to the terms of the
LERP;or(c)terminate this A wi ty to either party,
and,in such event,each party 1 demand for any and all
damages that either may sustain arising from of such
contingencies.
8.4 The Owner agrees to transfer a sufficient number of units of Colorado-Big
Thompson Project Water to the District to meet the District's requirements for the
potable water system in accordance with the terms of the agreements set forth on
Exhibit B.In addition,the Owner agrees to transfer sufficient water rights to the
District to meet the District's requirements for the Irrigation System in accordance
with the terms of the agreements set forth on Exhibit B.
9. TERM. This Agreement shall be perpetual unless modified by mutual written
consent of the parties.
10. LIABILITIES AND INDEMNIFICATION.
10.1 The Constructing Party agrees to indemnify and hold the District harmless
from all claims and liability for damage or injury to property or persons arising
from or caused directly or indirectly by the Constructing Party's construction of
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the Installations.
10.2 The Constructing Party shall be responsible for calling UNCC for locates
before construction and repair work is done and shall hold the District harmless
for any damages and/or penalties for failing to do so.
10.3 The Constructing Party warrants it will do nothing to adversely affect the
existing facilities owned by the District.In the event the Constructing Party
breaches this warranty,the Owner shall take all actions necessary to repair the
existing facilities to their existing or better condition,as determined by the
District. The Constructing Party shall indemnify and hold the District harmless for
all costs, damages,fines and fees,including reasonable attorney's fees,which are
incurred by the District as a result of any adverse changes to existing facilities
owned by the District which result in the water failing to meet water quality laws
or regulations.
11. RECORDATION. 4h . : .rdation of a Final Plat for the first(1st)phase or
filing in the Subdivisio. . A i r ..ent shall be recorded at the cost of the Owner and
shall be binding on an' cc arties.The obligations and benefits of this
Agreement shall specifi : . ' . the .d described in EXHIBIT A.The plans and
specifications for the Installati. .. : .e recorded because of their size.
12. NOTICES. Any notice r' • - • . by this Agreement shall be in
• writing and shall be deemed to have cre ven for all purposes if sent by
certified or registered mail, postage and f . to the Party to whom
such notice is intended to be given at the - . .. be or at such other address
as has been previously furnished in writing to the other uch notice shall be
deemed to have been given when deposited in the U.S.
DISTRICT: COPY TO:
Longs Peak Water District Bernard,Lyons,Gaddis&Kahn,P.C.
9875 Vermillion Road Box 978
Longmont,CO 80504 P.O. Longmont,CO 80502-0978
Attn:Barry Dykes,General Manager Attn: Richard Lyons
Telephone: (303)776-3847 Telephone: (303)776-9900
Facsimile: (303)776-0198 Facsimile: (303)413-1003
OWNER: COPY TO:
Midwest Heritage Inn of Visalia,Inc. Faegre and Benson LLP
Midwest Heritage Inn of Deptford,Inc. 1900 Fifteenth Street
c/o HF Holdings,LLC Boulder,CO 80302
4 Inverness Court East#300 Attn:David L.Kuosman
Englewood,CO 80112 Telephone: (303)447-7700
Attention:Darwin Horan Facsimile: (303)447-7800
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Telephone: (303)346-7006
Facsimile: (303)865-7006
13. WAIVER OF BREACH. The waiver by any Party to this Agreement or a breach
of any term or provision of this Agreement shall not be construed as a waiver of any
subsequent breach by any Party.
14. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated into this Agreement for all purposes.
15. ATTORNEYS' FEES. If either Party breaches this Agreement, the non-
prevailing Party shall pay all of the prevailing Party's reasonable attorneys'fees and costs
in enforcing this Agreement through litigation,arbitration or mediation.
16. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim
arising under or related to • • greement,the Parties shall use their best efforts to settle
such dispute or claim • • .• _ .. faith negotiations with each other. If such dispute or
claim is not settled • • di neg. ations within 30 days after the earliest date on which
one Party notifies the . P: • u: • ••g of its desire to attempt to resolve such dispute
or claim through negotiatr.. •i - tip
'es agree to attempt in good faith to settle such
dispute or claim by mediation du. • ,der the auspices of the Judicial Arbiter Group
(JAG) of Denver, Colorado or, if J• is no er in existence, or if the Parties agree
• otherwise, then under the auspices • a - .r -. fished mediation service within
the State of Colorado. Such mediation Ii: •� .n within 60 days following either
Party's written request therefor. If such dispu o • •t settled through mediation,
then either Party may initiate a civil action in i, • Co .r Weld County.
17. BINDING EFFECT. This Agreement shall inure t• •a benefit of,and be binding
upon,the Parties,and their respective legal representativ- successors and assigns.
18. ASSIGNMENT. This Agreement is assignable in whole or in part, provided
written notice is given to the other Party of the assignment. The District must approve
any assignments from Owner to a third party that does not have an ownership interest in
the property described in EXHIBIT A.
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Dated this day of ,2007.
LONG PEAK WATER DISTRICT MIDWEST HERITAGE INN OF
VISALIA, INC., a North Dakota
corporation
By: By:
President Darwin Horan,Manager of HF
HOLDINGS,LLC,a Colorado
limited liability company,
Attorney-in-Fact for Gary
Tharaidson,President of
Midwest Heritage Inn of Visalia,
Inc.,a North Dakota corporation
ATTEST: 40 MIDWEST HERITAGE INN OF
DEPTFORD,INC.,a North
----------44)
Dakota corporation
By:
Secretary Datwin ran, ana of HF
�H�OLDINGSHo ,LLCM ,a ger Colorado
• ted liability company,
ey-in-Fact for Gary
Th n,President of
Mi stage Inn of
D ord,Inc., a North Dakota
ration
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STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this day of
,2007 by as President and by
,as Secretary,of Longs Peak Water District.
My commission expires:
Witness my hand and official seal.
Notary Public
STATE OF COLORAO
COUNTY OF )
• The foregoing instrument w: act. I fore me by Darwin Horan,
Manager of 11F HOLDINGS, LLC, a Colo : ,. • 'sty company, Attorney-in-
Fact for Gary Tharaidson, President of Mi. ' e f Visalia, Inc., a North
Dakota corporation and Midwest Heritage Inn of Dep c., a North Dakota
corporation,this_ day of ,2007.
My commission expires:
Witness my hand and official seal.
Notary Public
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• Legal Description
A TRACT OP LAND LOCATED IN SOUTH HALF OF SECTION 27 AND THE NORTH HALF
OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE
SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 BEARS NORTH 89°07'33" EAST,
A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION, THENCE NORTH 89°35'53"" EAST, A DISTANCE OF 30.00
FEE1 TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7
AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°22'25" WEST, A DISTANCE OF
2654.13 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST, A
DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN :00K 163 AT PAGE 485 OF THE WELD COUNTY
RECORDS; THENCE ALONG ' • WESTERLY LINE THE FOLLOWING EIGHT COURSES:
1) THENCE SOUTH 06°5 i9" ST, A DISTANCE OF 266.98 FEET; 2) THENCE
SOUTH 30°38'53" : A DI• AN OF 445.00 FEET; 3) THENCE SOUTH
42°21'07" WEST, A i . ANC- •F 00 FEET; 4) THENCE SOUTH 23°06'07"
WEST, A DISTANCE OF 0 THENCE SOUTH 24°53'53" FAST, A
DISTANCE OF 700.00 FEET; ORTH 88°51'07" FAST, A DISTANCE OF
454.00 FEET; 7) THENCE SO 6 53" T, A DISTANCE OF 385.00 FEET;
8) THENCE NORTH 86°21'07" EAST A D E OF 178.52 FEET TO THE
• SOUTHERLY LINE OF THAT TRACT DES IBED IN BOOR 114 AT PAGE
35 OF THE WELD COUNTY RECORDS; N D SOUTHERLY LINE SOUTH
75°00'00" EAST, A DISTANCE OF 155.32 E A INT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SE 0 ALONG SAID EAST
LINE SOUTH 00°24'02" WEST, A DISTANCE 89. FE THE SOUTHERLY
LINE OF THAT TRACT OP LAND AS DESCRIBED AT RECE . 2009954 OF THE
WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHE INE THE FOLLOWING 11
COURSES: 1) THENCE SOUTH 85°38'17" FAST, A DI CE OF 582.71 FEET; 2)
THENCE NORTH 65°31'22" EAST, A DISTANCE OF 315.60 FEET; 3) THENCE NORTH
52°04'24" EAST, A DISTANCE OF 339.15 FEET; 4) THENCE NORTH 50°39'42"
FAST, A DISTANCE OF 213.85 FEET; 5) THENCE NORTH 21°19'16" EAST, A
DISTANCE OF 257.83 FEET; 6) THENCE NORTH 00°31'12" WEST, A DISTANCE OF
298.26 FEET; 7) THENCE NORTH 14°21'24" WEST, A DISTANCE OF 244.37 FEET;
8) THENCE NORTH 12°34'51" WEST, A DISTANCE OF 588.61 FEET; 9) THENCE
NORTH 43°15'27" EAST, A DISTANCE OF 134.45 FEET; 10) THENCE NORTH
51°34'02" FAST, A DISTANCE OF 332.64 FEET; 11) THENCE NORTH 41°59'02"
EAST, A DISTANCE OF 419.65 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE
NORTH 89°04'53" EAST, A DISTANCE OF 472.67 FEET TO THE NORTHWEST CORNER
OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO.
605, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG THE
WEST LINE OF SAID PARCEL SOUTH 00°06'27" WEST, A DISTANCE OF 2577.68
FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND RECORDED AS
RECEPTION NO. 3415666, PARCEL NO. 605A, AUGUST 8, 2006 ACCORDING TO THE
WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY AND WESTERLY LINE OF
SAID PARCEL THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 85°59'05"
WEST, A DISTANCE OF 456.95 FEET; 2) THENCE SOUTH 89°07'10" WEST, A
DISTANCE OF 214.69 FEET; 3) THENCE SOUTH 00°52'50" EAST, A DISTANCE OF
•
• 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 28; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°07'10"
EAST, A DISTANCE OF 670.00 FEET; THENCE SOUTH 00°06'27" WEST, A
DISTANCE OF 22.20 FEET; THENCE SOUTH 00°57'01" EAST, A DISTANCE OF
27.81 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 28; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°07'10"
WEST, A DISTANCE OF 455.00 FEET TO A POINT ON THE WEST LINE OF THAT
PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603A,
AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST
LINE SOUTH 00°56'56" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH
85°51'25" EAST, A DISTANCE OF 456.80 FEET TO A POINT ON THE WEST LINE
OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO.
603, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID
WEST LINE THE FOLLOWING FIVE COURSES: 1) THENCE SOUTH 00°57'01" BAST, A
DISTANCE OF 2590.28 FEET; 2) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF
267.75 FEET; 3) THENCE SOUTH 13°55'35" EAST, A DISTANCE OF 289.41 FEET;
4) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 1025.00 FEET; 5) THENCE
SOUTH 07°07'44" EAST, A DISTANCE OF 325.05 FEET TO A POINT ON A LINE
250.00 WEST OF AND PARATLEL WITH THE FAST LINE OF THE SOUTHFAST QUARTER
OF SAID SECTION 34; THENCE ALONG SAID LINE SOUTH 00°56'51" EAST, A
DISTANCE OF 494.18 FE- ' • A POINT ON THE NORTHERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED R- :PTION NO. 2696322 OF THE WELD COUNTY
RECORDS; THENCE ALO, THE •TH AND WEST LINE OF SAID TRACT THE
FOLLOWING THREE CO •ES: : SOUTH 89°03'18" WEST, A DISTANCE OF
66.01 PEET; 2) THEN , •' • .0 + 1" WEST, A DISTANCE OF 69.29 FEET;
3) THENCE SOUTH 00°04' i" A STANCE OF 339.78 FEET TO A POINT ON
THE NORTHERLY LINE OF LAND DESCRIBED AT RECEPTION NO.
2265474 OF THE WELD COUNTY REC ' 'S; E ALONG SAID LINE THE
FOLLOWING THREE COURSES: 1) C 89°47'50" WEST, A DISTANCE OF
• 567.78 FEET; 2) THENCE SOUTH 5' ' S DISTANCE OF 440.00 FEET;
3) THENCE SOUTH 73°04'17" WEST, A DIS F 83.42 FEET TO THE
NORTHERLY LINE OF THAT TRACT OF LAND OK 1499 AT PAGE 596
OF THE WELD COUNTY RECORDS; THENCE ALO S NOR Y LINE SOUTH
23°14'50" WEST, A DISTANCE OF 55.32 FEET TO A PO THE WEST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 3; THEN NG SAID WEST LINE
NORTH 00°35'48" EAST, A DISTANCE OF 730.38 FE THE SOUTH ONE-
QUARTER CORNER OF SAID SECTION 34; THENCE ALAN THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34 NORTH 89°54'46" WEST, A DISTANCE
OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO. 1501922 OP THE WELD COUNTY RECORDS; THENCE
ALONG THE EASTERLY LINE OF SAID TRACT THE FOLLOWING TWO COURSES: 1)
THENCE NORTH 28°18'59" WEST, A DISTANCE OF 737.00 FEET; 2) THENCE NORTH
01°04'15" WEST, A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF
SAID TRACT AND A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89°07'20" EAST, A
DISTANCE OF 817.26 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID
SECTION 34; THENCE ALONG THE E➢.ST LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 34 NORTH 00°34'36" WEST, A DISTANCE
OF 1333.53 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE
ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER SOUTH
89°26'07" WEST, A DISTANCE OF 2540.06 FEET TO A POINT ON THE FAST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST
RIGHT-OF-WAY LINE NORTH 00°24'50" WEST, A DISTANCE OF 1311.48 FEET TO
THE TRUE POINT OF BEGINNING. EXCEPTING THERE FROM THE FOLLOWING
DESCRIBED PARCEL OF LAND.
••
• COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, WHENCE
THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89°07'33" WEST, A
DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION; THENCE ALONG THE WEST LINE OP THE NORTHEAST QUARTER
OF SAID SECTION 34, SOUTH 00°35'07" EAST, A DISTANCE OF 30.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET SOUTH OF
AND PARALLEL WITH THE NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION
34 NORTH 89°07'33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE
30.00 SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 34 NORTH 89°07'10" EAST, A DISTANCE OF 765.29
FEET; THENCE SOUTH 02°06'45" WEST, A DISTANCE OF 310.68 FEET; THENCE
NORTH 87°52'58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID
WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95 FEET TO THE TRUE
POINT-OF BEGINNING.
SAID TRACT CONTAINS 587.004 ACRES.
R:\5161_002_andereon\dwg 4 ERFRONT LESS ANDERSON.doc
• 1,(\
•
• July 12,2007
EXHIBIT B
TO SUBDIVISION SERVICE AGREEMENT
FOR
WATERFRONT AT FOSTER LAKE
1. Line Extension,Reimbursement and Participation Agreement-Centex Homes
2. Main Line Extension Agreement-Centex Homes
It*
4(04,c)
WATER SUPPLY INFORMATION SUMMARY
Section 30-28.133,Id1, C.R.S. requires that the applicant submit to the County;Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
"'NAME OF DEVELOPMENT AS PROPOSED Waterfront at Foster Lake
2. LAND USE ACTION Change of Zone-PUD in Mixed Use Development Area-Weld County
3. NAME OF EXISTING PARCEL AS RECORDED Midwest Heritage Inn of Visalia Inc.&Midwest Heritage Inn of Deptford,Inc.
SUBDIVISION N/A FILING BLOCK LOT
4. TOTAL ACREAGE 592.1 5. NUMBER OF LOTS PROPOSED 1796 PLAT MAP ENCLOSED ® YES
6. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation.
A. Was parcel recorded with county prior to June 1, 1972? ® YES ❑ NO
B. Has the parcel ever been part of a division of land action since June 1, 1972? ❑ YES al NO
If yes, describe the previous action
7. LOCATION OF PARCEL - Include a map delmiating the project area and tie to a section corner.
114 OF 114 SECTION 3,27,34 TOWNSHIP 3 ® N ❑ S RANGE 68 ❑ E bH W
PRINCIPAL MERIDIAN: ICJ 6TH O KM. O UTE O COSTILLA
8. PLAT - Location of all wells on property must be plotted and permit numbers provided. state records are incorrect for permit
WSurveyors plat ® Yes O No ALTA If not, scaled hand drawn sketch O Yes O No 72605-well is in T2N not 3N
STIMATED WATER REQUIREMENTS - Gallons per Day or Aere Fast per War 10. WATER SUPPLY SOURCE
O EXISTING O DEVELOPED O NEW WELLS -
1796 WELLS SPRING PROPOSED A .WEER OK)
HOUSEHOLD USE # of units GPO 1760 AF WELL PERMIT NUMBERS °Al IAIAL a UPPER ARAPAHOE
❑UPPER DAWsa 0 LOWER ARAPAHOE
100,000 no existing wells o MIER wwsee ❑uRAm NW E FOX N
COMMERCIAL USE# of S.F. GPD 20 AF Permit#72605 °DENVER 0 DAKOTA
°OTHER
See note above
IRRIGATION # 200 of acres GPO 400 AF
STOCK WATERING h' of head GPD AF O MUNICIPAL
O ASSOCIATION WATER COURT DECREE CASE NO.'S
OTHER GPO AF O COMPANY
2180 I I DISTRICT
TOTAL GPD AF NAME Long's Peak
LETTER OF COMMITMENT FOR
SERVICE ® YES O NO
11. ENGINEER'S WATER SUPPLY REPORT O YES IRI NO IF YES, PLEASE FORWARD WITH THIS FORM. (TbS may be required before our review is completed.)
12. TYPE OF SEWAGE DISPOSAL SYSTEM
❑ SEPTIC TANKILEACH FIELD fib CENTRAL SYSTEM • DISTRICT NAME St.Vrain Sanitation District
GOON O VAULT - LOCATION SEWAGE HAULED TO
O ENGINEERED SYSTEM (Attach a copy of engineering design) O OTHER
WATERFRONT AT FOSTER LAKE
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34,T3N,
• R68W OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
----
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TETRA TECH
it 411 190D S.SUNSET ST.,SUITE 1-F,LONGMONT,CO 80501 ST. A
IN
TEL 303.772.5282 FAX 003.7727039 STATE PARK
06-14-2007
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. 1 O F 1
IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION 80-5161-002-00
TETRA TECH 1900 S.Sunset Street,Suite l-F Longmont,CO 80501
Tel:303.772.5282 Fax:303.772-7039
MEMORANDUM
To: Kim Ogle, Planner, Weld County
From: Julie Cozad
Subject: St. Vrain Sanitation District Subdivision Service Agreement
Date: July 16, 2007
This memo addresses the Subdivision Service Agreement between St. Vrain Sanitation District
and Midwest Heritage Inn of Visalia, Inc., and Midwest Heritage Inn of Deptford, Inc. The
Service Plan has been approved by the St. Vrain Sanitation District Board of Directors. A draft
agreement is being submitted with the Change of Zone submittal and a final executed copy will
be submitted to the Department of Planning Services when it is executed. The draft agreement
was sent to Bruce Barker, Weld County Attorney, on June 14, 2007 for his review. We are also
including the recorded Inclusion documentation with this application submittal.
• Thank you.
S
1
• SUBDIVISION SERVICE AGREEMENT
1. PARTIES. The parties to this Subdivision Service Agreement (this"Agreement") are the ST.
VRAIN SANITATION DISTRICT ("District") and MIDWEST HERITAGE INN OF VISALIA,
INC., a North Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC., a
North Dakota corporation(collectively, "Applicant").
2. RECITALS AND PURPOSES. The Applicant owns, or is in the process of purchasing,
certain real property, legally described in Exhibit A (the "Property"). Exhibit A is attached to this
Agreement and incorporated herein by this reference. The District is a special district, which
provides sanitary sewer service to its customers for which monthly service charges are made. The
Applicant desires that the District provide sanitary sewer service("Service")within the boundaries
of the Property. The District desires to supply Service. The purpose of this Agreement is to set
forth the terms and conditions concerning the purchase of Service connections and the District's
providing such Service to the Propeity.
3. SUBDIVISION OF THE P t ' ' 'TY. The Applicant intends to subdivide the Property.
The Applicant has furnished • 0'stri with preliminary plans which describe the future total
development of the Property so at pri. to - •tering into this Agreement the District could study
and consider the total developm-. . . H greement as it relates to future demands upon the
District for service within the entire d.a . �� . .d the effect tins may have,presently and in the
future, on the District's entire system and 'gallons in regard thereto. At such time as the
• Applicant obtains a final subdivision plat F- "Fin ", or collectively,the"Final Plats")for the
subdivision of the Property("Subdivision' t agrees to furnish a reproducible copy of
the Final Plat to the District. Any change or 'on ' the area, size, shape, density, usages,
requirements, number of service connections or velopment of a Subdivision that may
affect the issuance of taps pursuant to this A sh first require the advance written
approval of the District. For purposes of this paragraph, e t "approval" shall only extend to
the District's review of the Applicant's proposed sanitary s „" : frastructure and other utility-
related issues within the Property, and such term shall ._''. include any land-use issues. The
District's approval shall not be unreasonably withheld, conditioned or delayed.
4. CONDITIONAL COMMITMENT TO SELL/PURCHASE SANITARY SEWER
SERVICE
4.1 Subject to subsections (a) and (b)below,Applicant hereby applies for ITEDi
single-family residential equivalent sanitary service connections ("Connections") to the
District's sanitary sewer system for service within the Property. Subject to the terms and
conditions stated in this Agreement, the District hereby conditionally commits to sell, and
the Applicant hereby conditionally commits to purchase, such total number of taps at the
then-current plant investment fee per connection, and other applicable fees and charges
pursuant to applicable District by-laws, rules and regulations, which may be in force from
time to time(the"District's Rules and Regulations") for use solely within the boundaries of
the Property,upon the terms and conditions set forth in this Agreement.
•
kmpmae.doc 1
• (a) Notwithstanding anything to the contrary contained herein, Applicant's obligations
under this Residential Subdivision Service Agreement are expressly conditioned
upon Applicant's obtaining the necessary entitlements for the Property (including,
without limitation, the Final Plat), satisfactory to Applicant in its sole discretion to
allow for Applicant's planned development of the Property.
(b) In the event the condition precedent in (a) above is not timely satisfied, then this
Residential Subdivision Service Agreement shall be deemed void ab initio and the
parties shall have no further obligations hereunder.
4.2 The Applicant acknowledges and agrees that the District's conditional commitment
is subject to the availability of the Connections at the time the Applicant wishes to purchase
such conditionally-committed Connections. Purchase of the conditionally-committed
Connections may only be made by paying in full the total amount of the plant investment
fee and other applicable fees and charges for each Connection purchased, up to the
maximum number specified • .•ve. The District represents and warrants that as of the date
of this Agreement, it has p • •acity and sufficient connections to serve [TBD]
single family resider -. -'I the .perry described on Exhibit A, serve (TBD]_
multi-family residences the ' described on Exhibit A and serve approximately ten
(10)acres of commercial I 1 II I the Property described on Exhibit A.
iiii
4.3 The District makes no :ties, promises or representations that such
conditionally-committed Connecti I, +. will vailable for purchase or reservation due to
• limitations on its treatment capaci ed by its plant capacity, collection system
capacity, discharge permit and any goy tal lations or limitations. The Applicant
acknowledges and agrees that it is solely for inquiring as to the availability of
Connections, and that the District is under obligation to inform the Applicant
of any other sales or reservations, commitments, r an ' ther events, which may limit the
District's ability to sell the conditionally-committed • •i•'. tions. Applicant assumes all
risks of unavailability by not purchasing said condi•:. •ally-committed Connections.
4.4 The District's obligation to sell such conditionally committed Connections is
expressly conditioned upon fa the entry of an order of inclusion by the District's Board of ;1
Directors upon the submittal by the Applicant of a petition for inclusion and the fulfillment
of all conditions of inclusion, which petition was annoyed by the District's Board of
Directors on March 21, 2007; and (iii. the performance of all stated obligations h_erein by
Applicant or its aeentc assi®s or ioint yen (i clu in ny Con tru 'n P rw nr
M roDistrict referred to herein).
5. TERM. This Agreement shall continue in full force and effect for a period of fifteen (15)
two (2) years after the date of execution unless extended by mutual agreement by the parties in
writing.
6. ACTIVATION OF TAP. All purchased Connections (taps) shall be deemed activated and
subject to the District's minimum service charges pursuant to the District's Rules and Regulations
upon payment to the District of plant investment fees and all other fees due for connection to
•
a .,i.da 2
• District facilities, which fees are set forth on Exhibit B attached hereto and incorporated herein by
this reference.
7. DESIGN SPECIFICATIONS AND CONSTRUCTION. It is agreed, as a condition
precedent to Service, that all sewer lines and appurtenant facilities required to provide Service
within the boundaries of the Property ("Sewer Lines") and all necessary trunk lines, outfall lines
and connecting lines and appurtenant facilities within the Property that are necessary to connect
with the lines of the District as presently planned, engineered or Stalled ("On-site Connecting
Lines"), shall be installed at the Applicant's sole cost and expense and shall be in designed and
constructed in accordance with design and specifications as fixed by the District. The specific
design of such Sewer Lines and On-Site Connecting Lines shall be submitted for District review
and approval prior to construction,which approval shall not be unreasonably withheld, conditioned
or delayed. The Applicant agrees that the actual installation and construction of the Sewer Lines
and the On-Site Connecting Lines shall be constructed by Applicant, a metropolitan or similar
special district formed by Owner and on behalf of Owner (the "Owner's District") or a third party
who hereinafter acquires any portion $f the Property (any of the foregoing are referred to as the
"Constructing Party') and shall ,:- s. To• to the general, as opposed to specific, supervision,
inspection and approval by th trict. The Applicant further agrees that the installation and
construction of the off-site lint. ; 1 d . w ti i including outfall lines, connecting lines, and trunk
lines, will be constructed by the ► - funds provided to the District by the Applicant.
All related costs of engineering study , ' 'on and approval for both on-site and off-site
construction shall be at the sole cost . d of, and paid by, the Constructing Party and the
Applicant, respectively. The Constructin 'arty ; l er agrees to give the District, through the
• District's Engineer,fourteen days advance , • • commencement of construction.
8. EASEMENTS. Applicant shall furnish, . 's expense, any and all applicable
easements and rights-of-way within the Property • t to the public use on the recorded
plat) necessary for the Sewer Lines and the On-Site Co Lines, and all consents, permits,
licenses and other agreements necessary to effectuate the int 's Agreement.
9. TRANSFER AND CONVEYENCE OF LINES.
9.1 Prior to conveyance, the Constructing Party shall jet-clean, pressure and vacuum
test all lines. Upon the Constructing Party's completion and the District's approval
and acceptance of the Sewer Lines and the On-Site Connecting Lines, as evidenced
by the issuance of the District's Certificate of Acceptance, the Constructing Party
shall convey and transfer all of the Constructing Party's interest and ownership in
the Sewer Lines, the On-Site Connecting Lines, and related appurtenant facilities to
the Owner's District. Thereafter, the Owner's District shall convey, transfer and
assign of all the Owner's District's interest and ownership in the Sewer Lines, the
On-Site Connecting Lines, and related appurtenant facilities to the District, free and
clear of all liens and encumbrances, and shall a -wit that the work has
been done in accordance with the laws of the State of Colorado, and all other
governmental subdivisions, agencies and units and in accordance with the design
standards and requirements of the District.
•
mmpmeadoc 3
• 9.2 The Constructing Party shall guarantee the Sewer Lines and the On-Site Connecting
Lines, as installed, against faulty workmanship and materials to the District for a
period of two (2)years from the date of the District's approval and acceptance of the
Sewer Lines and the On-Site Connecting Lines and shall, during said period, pay
any and all actual costs and expenses of repair or replacement of the Sewer Lines
and the Connecting Lines. Pursuant to District regulations, the Constructing Party
shall post adequate security in a form acceptable to the District(e.g.,bond, escrowed
funds, or letter of credit, etc.) to insure the payment of the costs and expenses of
repair or replacement during such two year period. The security, or such balance of
the security if any portion of the security is used by the District to pay for the costs
and expenses of repair or replacement, will be released or returned to the
Constructing Party at the expiration of the two year period.
9.3 Upon completion, approval, acceptance, conveyance and transfer of the Sewer
Lines and the On-Site Connecting Lines to the District, the District shall assume all
responsibility thereafter and all costs and expenses for operation and maintenance,
except as to the abov- _ (2)-year guarantee. The Constructing Party's completion
of the constru •.: . the •=_; .- lion, approval and acceptance by the District, the
transfer of the er Li• . .d the On-Site Connecting Lines from the Owner's
District to the Di• a. . ayment of all construction costs and expenses for
the Sewer Lines and • . Connecting Lines required to be paid by the
Constructing Party an. A. , as applicable, are conditions precedent to the
obligation of the District to , .•sh . . • • .vide Service.
• 10. EXTENDED AND OVERSIZED LINES
10.1 Applicant shall be required to pay .r ' 'on of off-site trunk line extensions to
connect Applicant's sewer infrastructure • 'ties. District agrees to execute a
Line Extension Agreement reasonable acceptable A 'cant with the Applicant and to
reimburse the Applicant for the cost of such trunk line n according to the terms of the
Line Extension Agreement. District further agrees t burse the Applicant Line extension
fee's collected from other property owners served or who benefit by such trunk line pursuant
to the Line Extension Agreement at the rate set forth therein for a period of fifteen (15) years
from and after the date of the Line Extension Agreement, but not thereafter, to pay to
Applicant for its cost but, in no event,more than the total cost of such extending or oversizing
paid the Applicant and agreed to by District upon presentation of Applicant's cost data.
10.2 If the District requires that trunk line and facilities be oversized to permit the use of
these lines and facilities by the District to serve additional lands and property in addition to
the Property of the Applicant, District agrees to reimburse the cost of such extending or
oversizing at the then-current rate of oversizing reimbursement as stated in the District's
Rules and Regulations.
10.3 In the event that no off-site trunk line extensions are required, Applicant may be
required to pay a line reimbursement fee as a condition of connecting the Property to an
existing trunk line as follows: (a) if service to the Property was included in a trunk line
extension agreement, such fees may be payable in conjunction with the payment of the
•
tempmefl.doe 4
• individual taps; or (b) if service to the Property was not included in an applicable trunk line
extension agreement, the Applicant shall pay all such line reimbursement fees for all taps
within a filing of the Subdivision of the Property at the time of first connection within such
filing of the Subdivision as a condition of connecting to the line.
11. DISTRICT REGULATIONS.All Service provided under this Agreement shall be subject to
the District's monthly service charges and to the District's Rules and Regulations.
12. GOVERNMENTAL REGULATIONS. Any provisions of this Agreement to the contrary
notwithstanding,the obligation of the District to furnish Service under this Agreement is limited by
and subject to all orders, requirements and limitations which may be imposed by federal, state,
county or any governmental or regulatory body or agency having jurisdiction and control over the
District and/or the operation of its sanitary sewer system and treatment facilities, or discharge
permit for discharge into state waters.
13. DOCUMENTS TO BE FU' :I D.Applicant agrees to furnish District the following:
13.1 Upon execution `, s Al ent, or at such time or times as may be reasonably
requested by District,a to ..0 . •hi•;'. ey of the Property; and
13.2 When approved by the governmental boards, commissions, or agencies,
the recorded Final Plat(s) and = 'rd :. Address Plat for the Property, together with any
requirements or conditions of app . fix.. such governmental entities, together with
• evidence of the Applicant's complian r compliance;and
133 Upon completion, approval, accep . .n : i ce and transfer of the Sewer Lines
and the On-Site Connecting Lines to the Di
13.3.1 "As-built" mylar maps (one full-sized : "': :, half-sized copy), certified by
the Applicant's engineer and depicting all 1"r manholes,etc. constructed, installed,
and transferred pursuant to Paragraph 9, above.
13.3.2 "As-built" AutoCad file certified by the Applicant's engineer and depicting
all parcels,subdivision boundaries,non-sewer utilities, sewer lines,manholes,etc. in
plan and profile, constructed, installed, and transferred pursuant to Paragraph 9
above.
13.3.3 A table of positions of each manhole listing latitude, longitude, and invert
elevation.
13.3.4 The bid tabulation of the installation costs for sewer line elements.
13.4 "As-built" mylar maps certified by Applicant's engineer depicting all lines,
manholes, etc. constructed, installed, and transferred pursuant to Paragraph 9 above. One
copy to be full size and the other copy one-half(1/2)size.
•
tempmuidx 5
• 13.5 In the event the Property to be served under this Agreement is not the entire project
of Applicant as hereinabove described, Applicant shall furnish preliminary plats and plans as
developed by the Applicant with reference to the future total development of the entire
property so that prior to issuance of taps and initial installation of lines and facilities the
District may study and consider the total development under this Agreement as it may relate
to future demands upon the District for service within the entire development and the effect
this may have,presently and in the future,on the District's entire system and its obligations in
regard thereto.It is understood and agreed that a request for information as to future plans and
developments of the Applicant and the consideration of such plans by the District in
connection with its obligation to service Applicant's above described land under this
Agreement shall in no wise be construed as an agreement or obligation of District to serve
such other lands or areas proposed by the Applicant for such future development. All
information required to be furnished to District by Applicant shall be provided at Applicant's
expense.
14. DELAYS. Any delays in, or .o' ure of, performance by any party of his or its obligations
under this Agreement shall be exc -"".'-' such delays or failure are a result of acts of Clod and
nature, fires, floods, strikes, I: disp ° s, accidents, regulations or orders of civil or military
authorities, restrictions or limi :• .ns . . in any initiative approved by the voters, shortages
of labor materials,or other causes, imilar,which are beyond the control of such party,
including any orders,requirements or . '0.•: 'bed in paragraph 13 above.
15. TIME OF ESSENCE. Time is e ly -. to be the essence of this Agreement and
• any failure to perform the covenants and in agreed to be performed strictly at the
times designated shall operate as an immediate do f this Agreement.
16. PARAGRAPH CAPTIONS. The ca the phs are set forth only for
convenience and reference, and are not intended in any ay to fine, limit, or describe the scope
or intent of this Agreement.
17. ADDITIONAL DOCUMENTS OR ACTIO . The parties agree to execute any
reasonable additional documents and to take any reasonable additional action necessary to carry out
this Agreement.
18. INTEGRATION AM) AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This
Agreement may be amended only by an instrument in writing signed by the parties. If any
provision of this Agreement is held invalid or unenforceable, no other provision shall be affected
by such holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect.
19. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising
under or related to this Agreement, the parties shall use their best efforts to settle such dispute or
claim through good faith negotiations with each other. If such dispute or claim is not settled
through negotiations within 30 days after the earliest date on which one party notifies the other
party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then
•
.®ptui.d« 6
• the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted
under the auspices of the Judicial Arbiter Group (JAG)of Denver, Colorado or, if JAG is no longer
in existence, or if the parties agree otherwise, then under the auspices of a recognized established
mediation service within the State of Colorado. Such mediation shall be conducted within 60 days
following either party's written request therefore. If such dispute or claim is not settled through
mediation,then either party may initiate a civil action in the District Court for Weld County.
20. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay
all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement
whether through legal proceedings or alternative dispute resolution pursuant to paragraph 19 above.
21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Colorado.
22. NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been suffici •tly given for all purposes if sent by certified or registered
mail, postage and fees prepaid, ad. to the party to whom such notice is intended to be given
at the address set forth on the sir • p: e below,or at such other address as has been previously
furnished in writing to the o • - 'arty . •. 'es. Such notice shall be deemed to have been given
when deposited in the U.S.Mail.
23. BINDING EFFECT; NOTI O GNMENT; DELEGATION OF DUTIES.This
Agreement shall inure to the benefit of, . , .e b'. • upon, the parties, and their respective legal
• representatives, successors, and assigns :•; .f the land described in Exhibit A. Any
deposits, if any, which are made pursuant to th istri ' reservation of connection policy and
approved agreements shall be transferred to the c .'t icant's assignee. Applicant shall give
written notice to the District of such assignment 'de the assignee with a copy of this
Agreement. apt math respect . , . .' .` .,c .. M ormed b y (1itApn icant'
I! !1_ l - Il'd (' l 1 e V• _ 1.
d :es '• ' nn. -r the to •• . CO..Ili . .f 1' : as [y. cy. uoon a fill assianment of
this_A=reement asnrpvided in ia granh2, •
24. GOVERNMENTAL IMMUNITY. Nothing in this Agreement is intended, or shall be
construed as, a waiver of any immunities provided to the District by statute or common law,
including without limitation the Colorado Governmental Immunity Act, §24-10-101, et. seq.,
C.R.S.
DATED
ST.VRAIN SANITATION DISTRICT
By
President
11307 Business Park Circle
Longmont, CO 80504
•
tempma,i.doc 7
• ATTESTED:
District Manager
Approved As To Form:
District Legal Counsel
i
•
z}.`.
•
r®vmnNAoe 8
• STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this of 200__,
by as President, and , as Manager of St. Vrain
Sanitation District.
Witness my hand and official seal.
My commission expires:
Notary Public
•
•
tempmail doc 9
• APPLICANT:
MIDWEST HERITAGE INN OF VISALIA,
INC., a North Dakota corporation
Address: c/o HF Holdings,LLC
1745 Shea Center Drive
Highlands Ranch, CO 80129
Attn:Darwin Horan
By
Darwin Horan, Manager of HF HOLDINGS,
LLC,a Colorado limited liability company,
Attorney-in-Fact for Gary Tharaldson,
President of Midwest Heritage Inn of Visalia,
Inc.,a North Dakota corporation
MIDWEST HERITAGE INN OF
DEPTFORD, INC.,a North Dakota
corporation
BY
it
Darwin Horan, Manager of HF HOLDINGS,
C, a Colorado limited liability company,
•
omey-in-Fact for Gary Tharaldson,
resi. i t of Midwest Heritage Inn of
, D. .o ' Inc.,a North Dakota corporation
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me by Darwin Horan, Manager of HF
HOLDINGS, LLC, a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson,
President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest
Heritage Inn of Deptford,Inc.,a North Dakota corporation,this day of ,2007.
Witness my hand and official seal
My commission expires:
Notary Public
•
mmpmthLdoc 10
• LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN SOUTH HALF OF SECTION 27 AND THE NORTH HALF
OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE
SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 BEARS NORTH 89°07 '33" EAST,
A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION, THENCE NORTH 89°35 '53"" EAST, A DISTANCE OF 30.00
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7
AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°22 '25" WEST, A DISTANCE OF
2654 .13 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04 '53" EAST, A
DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 163 AT PAGE 485 OF THE WELD COUNTY
RECORDS; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING EIGHT COURSES:
1) THENCE SOUTH 06°51'09" WEST, A DISTANCE OF 266.98 FEET; 2) THENCE
SOUTH 30°38 '53" EAST, A DISTANCE OF 445.00 FEET; 3) THENCE SOUTH
42°21'07" WEST, A DISTANCE OF 219.00 FEET; 4) THENCE SOUTH 23°06 '07"
WEST, A DISTANCE OF 660.00 FEET; 5) THENCE SOUTH 24°53 '53" EAST, A
DISTANCE OF 700.00 FEET; 6) THENCE NORTH 88°51'07" EAST, A DISTANCE OF
454.00 FEET; 7) THENCE SOUTH 60°53 '53" EAST, A DISTANCE OF 385.00 FEET;
• 8) THENCE NORTH 86°21'07" EAST, A DISTANCE OF 178.52 FEET TO THE
SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE
35 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH
75°00'00" EAST, A DISTANCE OF 155.32 FEET TO A POINT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST
LINE SOUTH 00°24 '02" WEST, A DISTANCE OF 89.26 FEET TO THE SOUTHERLY
LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2009954 OF THE
WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 11
COURSES: 1) THENCE SOUTH 85°38' 17" EAST, A DISTANCE OF 582 .71 FEET; 2)
THENCE NORTH 65°31'22" EAST, A DISTANCE OF 315.60 FEET; 3) THENCE NORTH
52°04 '24" EAST, A DISTANCE OF 339.15 FEET; 4) THENCE NORTH 50°39'42"
EAST, A DISTANCE OF 213 .85 FEET; 5) THENCE NORTH 21°19'16" EAST, A
DISTANCE OF 257.83 FEET; 6) THENCE NORTH 00°31' 12" WEST, A DISTANCE OF
298.26 FEET; 7) THENCE NORTH 14°21'24" WEST, A DISTANCE OF 244.37 FEET;
8) THENCE NORTH 12°34'51" WEST, A DISTANCE OF 588.61 FEET; 9) THENCE
NORTH 43°15'27" EAST, A DISTANCE OF 134 .45 FEET; 10) THENCE NORTH
51°34 '02" EAST, A DISTANCE OF 332 .64 FEET; 11) THENCE NORTH 41°59'02"
EAST, A DISTANCE OF 419.65 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE
NORTH 89°04 '53" EAST, A DISTANCE OF 472.67 FEET TO THE NORTHWEST CORNER
OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO.
605, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG THE
WEST LINE OF SAID PARCEL SOUTH 00°06'27" WEST, A DISTANCE OF 2577.68
FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND RECORDED AS
RECEPTION NO. 3415666, PARCEL NO. 605A, AUGUST 8, 2006 ACCORDING TO THE
WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY AND WESTERLY LINE OF
SAID PARCEL THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 85°59' 05"
• WEST, A DISTANCE OF 456.95 FEET; 2) THENCE SOUTH 89°07 '10" WEST, A
DISTANCE OF 214.69 FEET; 3) THENCE SOUTH 00°52 '50" EAST, A DISTANCE OF
30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY
•
ROAD NO. 28; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°07' 10"
EAST, A DISTANCE OF 670.00 FEET; THENCE SOUTH 00°06'27" WEST, A
DISTANCE OF 22.20 FEET; THENCE SOUTH 00°57' 01" EAST, A DISTANCE OF
27. 81 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 28; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°07' 10"
WEST, A DISTANCE OF 455.00 FEET TO A POINT ON THE WEST LINE OF THAT
PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603A,
AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST
LINE SOUTH 00°56'56" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH
85°51'25" EAST, A DISTANCE OF 456.80 FEET TO A POINT ON THE WEST LINE
OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO.
603, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID
WEST LINE THE FOLLOWING FIVE COURSES: 1) THENCE SOUTH 00°57'01" EAST, A
DISTANCE OF 2590.28 FEET; 2) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF
267 .75 FEET; 3) THENCE SOUTH 13°55'35" EAST, A DISTANCE OF 289.41 FEET;
4) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 1025 .00 FEET; 5) THENCE
SOUTH 07°07'44" EAST, A DISTANCE OF 325.05 FEET TO A POINT ON A LINE
250.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 34; THENCE ALONG SAID LINE SOUTH 00°56 '51" EAST, A
DISTANCE OF 494 .18 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED AT RECEPTION NO. 2696322 OF THE WELD COUNTY
RECORDS; THENCE ALONG THE NORTH AND WEST LINE OF SAID TRACT THE
FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°03 '18" WEST, A DISTANCE OF
66.01 FEET; 2) THENCE NORTH 65°01'41" WEST, A DISTANCE OF 69.29 FEET;
3) THENCE SOUTH 00°04 '10" WEST, A DISTANCE OF 339.78 FEET TO A POINT ON
THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO.
2265474 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID LINE THE
•
FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°47'50" WEST, A DISTANCE OF
567.78 FEET; 2) THENCE SOUTH 50°06'50" WEST, A DISTANCE OF 440.00 FEET;
3) THENCE SOUTH 73°04 '17" WEST, A DISTANCE OF 1383.42 FEET TO THE
NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1499 AT PAGE 596
OF THE WELD COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH
23°14 '50" WEST, A DISTANCE OF 55.32 FEET TO A POINT ON THE WEST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE
NORTH 00°35'48" EAST, A DISTANCE OF 730.38 FEET TO THE SOUTH ONE-
QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34 NORTH 89°54 '46" WEST, A DISTANCE
OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO. 1501922 OF THE WELD COUNTY RECORDS; THENCE
ALONG THE EASTERLY LINE OF SAID TRACT THE FOLLOWING TWO COURSES: 1)
THENCE NORTH 28°18'59" WEST, A DISTANCE OF 737.00 FEET; 2) THENCE NORTH
01°04'15" WEST, A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF
SAID TRACT AND A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89°07'20" EAST, A
DISTANCE OF 817.26 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID
SECTION 34; THENCE ALONG THE EAST LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 34 NORTH 00°34 '36" WEST, A DISTANCE
OF 1333.53 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE
ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER SOUTH
89°26'07" WEST, A DISTANCE OF 2540.06 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST
RIGHT-OF-WAY LINE NORTH 00°24 '50" WEST, A DISTANCE OF 1311.48 FEET TO
THE TRUE POINT OF BEGINNING. EXCEPTING THERE FROM THE FOLLOWING
• DESCRIBED PARCEL OF LAND.
• COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, WHENCE
THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89°07 '33" WEST, A
DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 34, SOUTH 00°35 '07" EAST, A DISTANCE OF 30.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET SOUTH OF
AND PARALLEL WITH THE NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION
34 NORTH 89°07'33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE
30.00 SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 34 NORTH 89°07' 10" EAST, A DISTANCE OF 765.29
FEET; THENCE SOUTH 02°06'45" WEST, A DISTANCE OF 310.68 FEET; THENCE
NORTH 87°52 ' 58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID
WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95 FEET TO THE TRUE
POINT OF BEGINNING.
SAID TRACT CONTAINS 587.004 ACRES.
R:\5161_002_anderson\dwg\LEGALS\WATERFRONT LESS ANDERSON.doc
•
•
WATERFRONT AT FOSTER LAKE
• A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34,T3N,
R68W OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
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Milit 1900 S.SUNSET sr..SUITE I-F.LONGMONT.CO 80601 ST.VRAIN
la 303.1725282 FAX 3037727039 STATE PARK
06-14-2007
THIS MINT DOES NOT REPRESENT A NOtUNENTED SURVEY
Do
EXH 1 O■ 1
_ IT IS OILY NTENDEDTO DEPICT THE ATTACHED DESCRIPTION 80-5161-002-00
Daniel F. Bernard Bernard Lyons Gaddis & Kahn Adele e f�fr r
Richard N. Lyons, II Eve I. Canfield A,
Jeffrey J. Kahn A Professional Corporation Attorneys and Counselors Christopher C. Gaddis
ohn W. Gaddis Mark D. Detsky
radley A. Hall Scott E. Holwick
Steven P.Jeffers Matthew Machado
Anton V. Dworak
Catherine A.Tallerico,
Special Counsel
May 18, 2007
Weld County Assessor
1402 North 17th Avenue
Greeley, Colorado 80632
Re: St. Vrain Sanitation District
Court Order of Inclusion-Fnderson/Waterfront at Foster Lakes properties
Enclosed for your information is a copy of the recorded Court Order of Inclusion recently entered by
the Weld County District Court. This Order effectively includes the real property described in the
Order and located within Weld County, Colorado, into the St.Vrain Sanitation District.
Please adjust your records accordingly
IVery truly yours,
BERNARD LYONS GADDIS & KM-IN, PC
By Y� /AA&
Kyna GI ver, Paralegal
kglover@blglaw.com
•
Enclosure
cc: St.Vrain Sanitation District w/enclosure
Property Owners
II
515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com
I11111!1111111IlI11111111IIII11111111111III111IIIIIIIIII -�! l h -
3469845 Weld County, CO
1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
• V-4t
y,Ts
Weld County, District Court t
LrI ni) L _w.,.u.—l� .0¢)a.,t gp,
901 9th Avenue 1985(' niw
P.O. Box 2038 CO Meld County Distrie; our toll,JO
Filing Dalt:Apr G 2007 2: 71'M MI'T
Greeley, CO 80632 Firing ID: i1399443
Phone: 970-351-7300
IN THE MATTER OF THE ST. VRAIN
SANITATION DISTRICT
Court Use Only
race Alp 85 CV a-166
Division 1
COURT ORDER OF INCLUSION - ANDERSON PROPERTIES
THIS MATTER HAVING COME BEFORE THE COURT and the Court being sufficiently advised
in the premises, FINDS:
1. That a certified copy of the Order of the Board of Directors of the Si. Vrain'Sanitation
District (District) entered on March 21, 2007, has been filed with the Clerk of this Court as
provided by law wherein certain properties therein described were included into the
District.
a
2. That it appears from the documents and papers on file that the proceedings of the
District with reference to inclusion of such properties into the District were regular and in o� g
accordance with requirements of law.
n
NOW, THEREFORE, IT IS ORDERED that the following described properties, situated in the
County of Weld, State of Colorado, more fully described as:
titQ ,
ANDERSON NORTH PARCEL: A TRACT OF LAND LOCATED IN S 1/2 OF SECTION 27, T3N, R68W OF %o
THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE S 1/4 CORNER OF SAID :11E2_-; co'
SECTION 27 BEARS N89°07'21"E, THENCE N00°22'29"W, 30.00 FEET ALONG THE WEST LINE OF rl y;�tl
SW 1/4 OF SAID SECTION 27; THENCE N89°07'21"E, 30.00 FEET TO THE EAST LINE OF THE z`¢O:
zwl
WESTERLY 30.00 FEET OF THE SW 1/4 OF SAID SECTION 27 AND THE TRUE POINT OF BEGINNING; `
iv
THENCE N00°22'29"W, 2624.02 FEET ALONG THE EAST LINE OF THE WEST 30.00 FEET OF THE SW sat`
a_
1/4 OF SAID SECTION 27 TO THE EAST-WEST CENTERLINE OF SAID SECTION 27; THENCE
•
11111111111111111111111111111111111111111111111111111 •
3469845 04/18/2007 02:30P Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
N89°04'53"E, 1354.31 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 27 TO THE
WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 163 AT PAGE 485 OF THE
RECORDS OF WELD COUNTY, COLORADO,-THE FOLLOWING EIGHT (8) COURSES AND DISTANCES
ARE ALONG THEWESTERLY AND SOUTHERLY LINES OF THAT TRACT OF LAND AS DESCRIBED IN
SAID BOOK 163 AT PAGE 485: 1)THENCE SO6°51'09"W, 266.98 FEET; 2)THENCE S30°38'53"E,
445.00 FEET; 3) THENCE S42°21'07"W, 219.00 FEET; 4) THENCE S23°06'07"W, 660.00 FEET; 5)
THENCE S24°53'53"E, 700.00 FEET; 6) THENCE N88°51'07"E, 454.00 FEET: 7) THENCE
S60°53'53"E, 385.00 FEET; 8) THENCE N86°21'07"E, 178.52 FEET TO THE SOUTHERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE RECORDS OF WELD
COUNTY, COLORADO; THENCE S75°00'00"E, 155.12 FEET ALONG THE SOUTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID BOOK 114 AT PAGE 35 OF THE RECORDS OF WELD
COUNTY, COLORADO TO THE EAST LINE OF THE SW 1/4 OF SAID SECTION 27; THENCE
SOO°24'01"W. 89.30 FEET ALONG THE EAST LINE OF THE SW 1/4 OF SAID SECTION 27 TO THE
SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2009954 OF THE
RECORDS OF WELD COUNTY, COLORADO;THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES
ARE ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.
2009954 :1) THENCE S85°38'17"E, 582.91 FEET; 2) THENCE N65°31'22"E, 315.60 FEET; 3)
THENCE N52°04'24"E, 339.15 FEET; 4) THENCE N50°39'42"E, 213.85 FEET; 5) THENCE
N21°19'16"E, 257.83 FEET; 6) THENCE NOO°31'12"W, 298.26 FEET; 7) THENCE N14°22'24"W,
244.37 FEET; 8)THENCE N12°34'51"W. 588.61 FEET; 9)THENCE N43°15'27"E, 134.45 FEET; 10)
THENCE N51°34'02"E, 332.64 FEET; 11) THENCE N41°59'02"E, 419.65 FEET TO THE EAST-WEST
CENTERLINE OF SAID SECTION 27; THENCE N89°04'53"E, 572.69 FEET ALONG THE EAST-WEST
CENTERLINE OF SAID SECTION 27 TO THE NORTHWEST CORNER OF PARCEL NO. 6 AS DESCRIBED
IN BOOK 1500 PAGE 265 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE
500°06'27"W, 2627.74 FEET ALONG THE WESTERLY LINE OF SAID PARCEL NO. 6 TO THE NORTH
LINE OF THE SOUTH 30.00 FEET OF THE SE 1/4 OF SAID SECTION 27; THENCE S89°07'10"W,
2407.28 FEET ALONG THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE SE 1/4 OF SAID
SECTION 27;THENCE S89°07'21"W, 2535.85 FEET ALONG THE NORTH LINE OF THE SOUTH 30.00
FEET OF THE SW 1/4 OF SAID SECTION 27 TO THE EAST LINE OF THE WEST 30.00 FEET OF THE SW
U
1/4 OF SAID SECTION 27 AND THE TRUE POINT OF BEGINNING. AREA = 166.162 ACRES, MORE n:
OR LESS
ANDERSON SOUTH PARCEL: A TRACT OF LAND LOCATED IN SECTION 34, T3N, R68W AND IN THE oti
NE 1/4 OF SECTION 3, T2N, R68V,/ OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, ET)
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34, ¢c9 ,
FROM WHICH THE N1/4 CORNER OF SAID SECTION 34 BEARS N89°07'21"E, THENCE
S00°24'53"E, 30.00 FEET ALONG THE WEST LINE OF NW 1/4 OF SAID SECTION 34; THENCE n z
N89°07'21"E, 30.00 FEET TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE NW1/4 OF ¢
SAID SECTION 34 AND THE TRUE POINT OF BEGINNING; THENCE N89°07'21"E, 2536.20 FEET 2
ALONG THE SOUTH LINE OF THE NORTH 30.00 FEET OF THE NW 1/4 OF SAID SECTION 34 TO THE cc*8.c
EAST LINE OF THE N1/2 OF THE NW 1/4 OF SAID SECTION 34;THENCE 500°35'09"E, 270.95 FEET w¢m
=w�
ALONG THE EAST LINE OF THE N 1/2 OF THE NW 1/4 OF SAID SECTION 34:THENCE 587°52'58"E, m a C
751.64 FEET; THENCE N 02°06'45"E, 310.68 FEET TO THE SOUTH LINE OF THE NORTH 30.00 FEET
OF THE NE 1/4 OF SAID SECTION 34;THENCE N89°07'10'E, 1191.57 FEET ALONG THE SOUTH LINE
OF THE NORTH 30.00 FEET OF THE NE 1/4 OF SAID SECTION 34; THENCE 581°57'08"E, 455.64
I
IIlIII IIIII NUM IIII 111111 IIIII III IIIII NIB
• 3469845 04/18/2007 02:30P Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
FEET ALONG A SOUTHERLY LINE OF PARCEL 8, REV. 2 AS DESCRIBED IN BOOK 1500 AT PAGE 265
OF THE RECORDS OF WELD COUNTY, COLORADO TO AN ANGLE POINT IN SAID PARCEL 8, REV. 2;
THENCE 501°00'13"E, 4680.31 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 8, REV.2 AND
ALONG THE WESTERLY LINE OF PARCEL SA AS DESCRIBED IN BOOK 1499 AT PAGE 596 OF THE
RECORDS OF WELD COUNTY, COLORADO TO A POINT OF CURVE TO THE RIGHT; THENCE
SOUTHERLY, 291.25 FEET ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY LINE OF
SAID PARCEL NO. SA TO THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT
RECEPTION NO. 2695322 OF THE RECORDS OF WELD COUNTY, COLORADO, SAID ARC HAVING A
RADIUS OF 22,785.00 FEET, A CENTRAL ANGLE OF 0°43'57" AND BEING SUBTENDED BY A CHORD
THAT BEARS SOO°37'42"E, 291.25 FEET; THENCE 589°03'18"W, 68.90 FEET ALONG THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322 TO
AN ANGLE POINT IN THE NORTHERLY LINE THEREOF; THENCE N65°01'41"W, 69.29 FEET ALONG
THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322
TO THE NORTHWEST CORNER THEREOF; THENCE S00°04'10"W, 339.78 FEET ALONG THE
WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322 TO
THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2265474 OF
THE RECORDS OF WELD COUNTY, COLORADO; THENCE S89°47'50"W, 567.78 FEET ALONG THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2265474;
THENCE S50°06'50"W, 440.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED AT SAID RECEPTION NO. 2265474;THENCE S73°04'17"W, 1383.42 FEET ALONG THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2265474 TO
THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 1499 AT PAGE 596 OF
THE RECORDS OF WELD COUNTY, COLORADO; THENCE S23°14'50"W, 55.42 FEET ALONG THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1499 Al PAGE 596 TO
THE WEST LINE OF THE NE 1/4 OF SAID SECTION 3; THENCE N00°35'59"E, 730.45 FEET ALONG
THE WEST LINE OF THE NE 1/4 OF SAID SECTION 3 TO THE S 1/4 CORNER OF SAID SECTION"34;
THENCE N89°54'44"W 520.82 FEET ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34
TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. CS <
1501922 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE N28°18'59"W, 737.00 FEET a
ALONG THE EASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922;
THENCE NO1°04'14"W, 2033.08 FEET ALONG THE EAST LINE OF THAT TRACT OF LAND AS (5 `1
DESCRIBED AT RECEPTION NO. 1501922 TO THE NORTHEAST CORNER THEREOF; THENCE acts
EC
N89°07'19"E, 817.31 FEET ALONG THE SOUTH LINE OF THE S 1/2 OF THE NW 1/4 OF SAID p
SECTION 34 TO THE C 1/4 CORNER OF SAID SECTION 34: THENCE IN30°34'42"VY, 1333.62 FEET W
ALONG THE EAST LINE OF THE S 1/2 OF THE NW 1/4 OF SAID SECTION 34 TO THE N 1/16 CORNER c!-
OF SAID SECTION 34;THENCE 389°26'10"W, 2540.00 FEET ALONG THE NORTH LINE OF THE S1/2 Lai z
OF THE NW 1/4 OF SAID SECTION 34; THENCE N00°24"53"W, 1281.49 FEET ALONG THE EAST SE m
LINE OF THE WEST 30.00 FEET OF THE NW 1/4 OF SAID SECTION 34 TO THE SOUTH LINE OF THE Wpm
NORTH 30.00 FEET OF THE NW 1/4 OF SAID SECTION 34 AND THE TRUE POINT OF BEGINNING. cc ¢8-S
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429.250 ACRES, MORE OR LESS. W¢O
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ma `
ANDERSON PROPERTY - A TRACT OF LAND LOCATED IN THE NE 1/4 OF SECTION 34, T3N, R68W
OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 34, FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 34 BEARS S 89°07'21"W, THENCE S 00°35'O9"E, 30.00 FEET ALONG
S
1111111111111111111111111111111111111111111111111111
3469845 04/18/2007 02:30P Weld County CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
THE WEST LINE OF THE NE 1/4 OF SAID SECTION 34 TO A POINT ON THE SOUTH LINE OF THE
NORTH 30.00 OF THE NE 1/4 OF SAID SECTION 34 AND THE TRUE POINT OF BEGINNING: THENCE
ALONG SAID SOUTH LINE OF THE NORTH 30.00 FEET OF THE NE 1/4 OF SAID SECTION 34 N
89°08'10"E, 765?c: FEET;THENCE S 02°06'45"W, 310.68 FEET;THENCE N 87°52'58"W, 751.64
FEET TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SAID SECTION 34;THENCE N 00°35'09" W,
270.95 FEET ALONG THE WEST LINE OF THE NE 1/4 OF SAID SECTION 34 TO THE TRUE POINT OF
BEGINNING. AREA= 5.061 ACRES, MORE OR LESS.
be and hereby are included into the Saint Vrain Sanitation District.
DATED: April 6 , 2007
• --I C /
Itahcr'A 'Iein
District _nuri .7udge
This dveJOnent was filed pursuant to C H.C 1'. 121, § 1-26. a printable venial+ of the electronically
signed artier iv tradable in the Court's electronic file.
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