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Home My WebLink About890271.tiff RESOLUTION RE: ATP-ROVE SITE S-PEcIflt DEVELOPMENT PLAN AND REPLAT OF THE PLANNED UNIT DEVELOPMENT FLAN, YIRST FILING, OF B-EE-BE DRAW FARMS AND EQUESTRIAN CENTER WHE-REAS, the Board of County Commissioners of Weld bounty, Colorado, pursuant to Colorado -statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners held -a public hearing on the 22nd day of March, 1989 , at the hour of 1_0 : 00 a.m. in the Chambers of the Board for the purpose of considering the application of Beebe Draw Farms , Ltd . , c/o Morris Burk, 1551 Larimer Street, Suite 7706 , Denver, Colorado 80202 , for a Site Specific Development Flan and a Replat of the Planned Unit Development Plan, First Filing, of Beebe Draw Farms and Equestrian Center, and WHEREAS, said Site Specific Development Plan and Replat of a Planned Unit Development Plan concerns the following described real estate, to-wit: A tract of land located in Sections 3 , 4 , 5 , 8 , 9 , and 10 , all in Township 3 North, Range 65 West of the _6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Morris Burk, and WHEREAS, the Board heard -all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 28 . 9 of the Weld County Zoning Ordinance. 2 . The Planned Unit Development (PUD) P1-an application is in conformance with Section 28 . 14 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan. The PUD district was approved on December 5 , 1984 . pi, ocol e(9 r _1 H`i 's:�= 890271 Page 2 RE : REPLAT OF PUD PLAN - BEEBE DRAW FARMS b. The PUD plan conforms to the approved PUD district. The Utilities Coordinating Advisory Committee reviewed and approved the utility plan map on February 9 . c. The uses , buildings , and structures permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning and with future development as projected by the Weld County Comprehensive -Plan. d. The PUD Plan conforms with the performance standards outlined in Section 35 . 3 of the Weld County Zoning Ordinance . e. The PUD Plan is not located in an overlay district area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the request of Beebe Draw Farms , Ltd. , for a Site Specific Development Plan and Replat of the Planned Unit Development Plan, First Filing, of Beebe Draw Farms and Equestrian Center, be, and hereby is , granted subject to the following conditions : 1 . Prior to recording the PUD Plan plat , the applicant shall : a. Submit a letter to the Department of Planning Services from Mr. Gary Sandau, Fire Marshal, La Salle Fire Protection District. The letter shall update Mr. Sandau ' s letter of February 6th and approve all fire hydrant locations and fire safety requirements for the PUD Plan, First Filing. b. Submit a letter to the Department of Planning Services from Mr. Clifford Brookhart, the RE-1 School District representative. The letter shall update Mr. Brookhart' s January 31 , 1988 , memo and approve service to the PUD Plan, First Filing; c. Submit a Weld County Subdivision Improvements Agreement to the Department of Planning Services . The Agreement shall be approved by the Board of County Commissioners . d. Submit a plan to the Department of Planning Services for controlling insect vectors , odors, manure, and other possible nuisances in the 890271 Page 3 RE: REPLAT OF PUD PLAN - BEEBE DRAW FARMS greenbelt and recreation areas . The plan shall be approved by Weld County Environmental Protection Services . e. Amend the PUD Plan plat to show an additional right-of-way width of 20 feet east of Weld County Road 39 right-of-way from the Beebe Draw Farms Parkway entrance south along the west property line. 2 . The following notes shall be placed on the final PUD Plan plat: a . The uses permitted in this PUD Plan are R-1 (low density residential) , recreational uses , and oil and gas production facilities as described in the application materials and set forth in the Weld County Zoning Ordinance on file with the Clerk to the Board of County Commissioners. b. All dwelling units , the indoor and outdoor arenas , clubhouse , and association headquarters shall be located a minimum of 300 feet from oil and gas drill sites and production facilities . c . The Central Weld County Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided consistent with the requirements of Section 8-10 , et seq. , of the Weld County Subdivision Regulations , pursuant to public water supply systems and La Salle Fire Protection District fire safety requirements . d . The applicant, metropolitan district, and/or homeowner' s association shall provide and maintain all roads internal to the Planned Unit Development District. The roads internal to the Planned Unit Development District will not be maintained by Weld County, but must comply with design standards listed in Sections 8-1 and 8-2 of the Weld County Subdivision Regulations . e. The Beebe Draw Farms and Metropolitan District shall comply with the Amended Road Maintenance and Improvement Agreement regarding impacts to Weld County Roads signed on April 9 , 1988 . 890271 Page 4 RE: REPLAT OF PUD PLAN - BEEBE DRAW FARMS f. No noxious or offensive activity shall be carried out upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be construed to be any inoperative vehicle. No other junk items shall be stored there, i.e. , used building materials or any other matter. g. No permanent disposal of wastes shall be permitted at this site . No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage, or rubbish shall be disposed of in a neat and orderly manner at a facility authorized to accept such waste materials. Any expenses incurred for the disposal of such waste materials shall be the sole responsibility of the owner of any such lot. h. The areas shown as greenbelt and recreation on the PUD Plan plat may be used for utility easements. i. All single family dwellings shall be set back and offset a minimum of 50 feet from all lot lines. j . Only one horse per acre shall be kept on any lot. A fraction of an acre shall be rounded to the next highest whole acre for determining the number of horses per lot. No other livestock may be kept on a lot. k. An applicant for a residential building permit shall submit evidence to the Department of Planning Services that the required building information has been submitted to the Architectural Control Committee and the Committee has had a reasonable opportunity for review prior to permit approval . 1 . The septic system for the proposed clubhouse facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations . m. Fugitive dust must be confined on this site. n. Weld County Septic Permits are required for the proposed residential homes and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 890271 Page 5 RE: REPLAT OF PUD PLAN - BEEBE DRAW FARMS o. Public restrooms may be required for the indoor and outdoor arenas , depending upon the number of individuals and type of usage . Any public assemblage will require public restroom facilities. p. Conflicts with existing easements will be resolved prior to construction of roads , utilities , or other facilities . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 22nd day of March , A.D. , 1989 . � i yy/ BOARD OF COUNTY COMMISSIONERS ATTEST: t✓t.v to� ;iG (MJ WELD COUNTY, COLORADO Weld County Clerk and Recorder W` ir and Clerk to the Board C. b , Ch irman BY: C-)2,t L / ac ue 'ne Jo on, Pro-Tem eputy County crk EXCUSED DATE OF SIGNING - AYE APPROVED TO FORM: Gene R. Brantner C------� ' 7 George Ke e - County Attorney Gor o a 890271 HEARING CERTIFICATION DOCKET NO. 89-10 RE: SITE SPECIFIC DEVELOPMENT PLAN AND REPLAT OF THE PLANNED UNIT DEVELOPMENT PLAN, FIRST FILING, BEEBE DRAW FARMS AND EQUESTRIAN CENTER A public hearing was conducted on March 22, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated February 6, 1989, and duly published February 15, 1989, in the Platteville Herald, a public hearing was conducted to consider the request of Beebe Draw Farms, Ltd. for a Site Specific Development Plan and Replat of the Planned Unit Development Plan, First Filing, Beebe Draw Farms and Equestrian Center. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, entered the Planning Commission's favorable recommendation into the record of this hearing. Morris Burk, general partner of Beebe Draw Farms, Ltd. , came forward to explain this request and answer questions of the Board. He explained that this replat contains three major changes: the course of the roads has been changed; 43 acres have been added, creating three outlots; and the number of lots has been decreased from 195 to 188. Roy Wardell, the owner of nearby property, expressed concerns about the maintenance of County Roads in the area. Mr. Morrison explained that there is a road agreement in effect for the maintenance of exterior roads. Commissioner Lacy moved to approve this request for a Site Specific Development Plan and Replat of the Planning Unit Development Plan, First Filing, Beebe Draw Farms and Equestrian Center, subject to the Conditions contained in the recommendation of the Planning Commission. The motion was seconded by Commissioner Johnson, and it carried unanimously. This Certification was approved on the 27th day of March, 1989. APPROVED: Cliiii_h , / j 'I a,;,:fLdY.¢vref BOARD OF COUNTY COMMISSIONERS ATTEST: / WELD COUNTY, COLORADO `z Weld County Clerk and Recorder C/ c4 and Clerk to the Boa C.W. Kirby, Cha an ILLI \. tre— D putt' County Cle Ja que ne J non, Pro-Tem EXCUSED DATE OF APPROVAL Gene R. Brantner TAPE #89-11 RS -� '-y- � tr`tn George K nne DOCKET 1189-10 PL0003 Go do a it', '/// 890271 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on March 22, 1989, conditionally approved a Site Specific Development Plan and a Replat of a Planned Unit Development Plan for the property and purpose described below. Conditional -approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Beebe Draw Farms, Ltd. c/o Morris Burk 1550 Larimer, Suite 2706 Denver, Colorado 80202 LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all in Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Replat of the Planned Unit Development Plan, First Filing, of Beebe Draw Farms and Equestrian Center SIZE OF PARCEL: 1, 164 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: March 29, 1989, in the Platteville Herald 890271 Affidavit of Publication STATE OF COLORADO County of Weld ss. I A.Winkler Riegel of said County of Weld being duly sworn,say that I ant publisher of PLATTEVILLE HERALD that, the same is a weekly newspaper of general circulation was printed and published in the town of PLATTEVILLE in said county and state that the notice of advertisement,of which PUBLIC NOTICE the annexed Is a true copy has been published in said weekly The Board of County Commis- newspaper for Diener, of Weld County, Col- d: I orado, on March 22, 1989, condi- consecutive weeks: tionally approved • Site Specific Development Plan and a Replat that the notice was published In the regular and entire issue of every of a Planned Unit Development number of said newspaper during the period and time of publication Plan for the property and purpose of said notice and in the newspaper proper and not in a supplement described below. Conditional op- thereof:that the first publication of said notice was contained in the prover of this plan creates a said n paper bearing the date of vested property right pursuant to Articld period of Title C.R.S., as amend ed, tare of three A.D..191, and the last publication years. the4n the Issue of said newspaper,bearing date. APPLICANT: the 7r7 day o Del Camino Center Partnership c/o Ed Kanamoto �v 203 South Main Street — �� 191A that the said Longmont, Colorado 80501 PLATTEVILLE HERALD LEGAL DESCRIPTION: A tract of land located In the W-1/2 of the has been published continuously and uninterruptedly during the North, af ge 68 8n West4, of Township 2 North, dga of the 6th period of at least afifty-two nonce iveor weeks next prior to the first P.M., Weld County, Colorado. Issue thereof containing said notice or advertisement above referred to: and that said newspaper was at the time of each of the TYPE AND INTENSITY OF AP- publications of said notice duly qualified for that purpose within the PROVED USE: Planned Unit De- meaning of an act entitled, "An Act Concerning Legal Notices, velopment Plan, First Filing. Advertisements and Publications and the Fees of Printers and SIZE OF PARCEL: 72,3 acres, Publishers thereof, and to Repeal all Acts - of . - in more or less. Conn with a Provision of this Ca • • •rd 1 1 and all f, and Cy ,- am ••ed •1• Failure to abide by taring anti a and • 19 931. conditions of approval will result / In a forfeiture of the vested prop- / arty right. -:� • •Usher BOARD OF COUNTY COMMIS. �j SIONERS --SLR an sworn to before me this`/ day of WELD COUNTY, COLORADO j/` i"n-t D 1Q�f BY: / MARY ANN FEUERSTEIN COUNTY CLERK AND RE CORDER Notary Public AND CLERK TO THE BOARD BY: 415 DENVER VENUE Mary Reiff, Deputy i Published in MI MswvIIM Ner- FT. LUPTON, CO 80621 aid March 29, two My commission expires June 1992 im ::: y Cc ri. :13:, OCIIE3.1'nie 0,1022 8th0271 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Replat of the Planned Unit Development Plan are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 89-10 Beebe Draw Farms, Ltd. c/o Morris Burk 1551 Larimer, Suite 2706 Denver, Colorado 80202 DATE: March 22, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Replat of the Planned Unit Development Plan, First Filing, Beebe Draw Farms and Equestrian Center LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all in Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: East and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: February 6, 1989 PUBLISHED: February 15, 1989, in the Platteville Herald EX/>,P, T 89C271 Affidavit of PubLication '■"' 5I Glatited, . STATE OF COLORADO Dno emnam a loesr Climbers of ea the w link hens nibs , County of Weld SS. CounlyColorado, Wok: County Centennial Calor.915 10th Smut, First Floor. I A.Winkler Riegel of said County of Weld being duly sworn,say Greeley, Colorado, at the time swan.MI I am publisher of//II� ..yy ��ryAdi /kaki M In the n aDevelop- non in- that OY2T1L.EeeEE/ /"�`^ lei .........-Replet of the Planned Unit novelepeem Palo requests that, the same is a weekly newspaper of general circulation was to attend and may hard. printed and publishes in the Should the applicant er NW interested . Petty den/the presence 01 a court reporterto mesa a neon el be pro- in said county and state that the notice of advertisement.of which WNW in addition,to the taped the annexed is a true copy has been published in said weekly record nth will be kept during the newspaper for heerthe Clerk to the Board's Office can be contactedcontacted for a ant of codified ^ wort m flit pea.U e,nowt �4X consecutive weeks: reoedjr ,Rua Clerk to the that the notice was published in the regular and entire issue of every Roan'% OMoe Nett be advised In number of said newspaper during the period and time of publication *rift of such action it Mat five days of said notice and in the newspaper proper and not in a supplement Pd°r tothe hewing.The cost of eta thereof:that the first publication of said notice was contained in the Bisected reporter Nell Oe Bone by 9m ramKinamePetty sK party. lssug of said newspaper bearing the date of 'BE R IEM1 MOWN Met tl mn(aqty l,�j/ IrA.D..19 S3f and the last publication man es sedan by the Weld County thereof,in the of said newspaper,bearing date, Planning Commhelon may be eaamMed In to Ake of the Clerk a the Board of �� CoCountyCountyC lemurs.located M the day Y of Weld County CentsnMel Cater, 915 10th Street,third Floor,Greeley,Col- 1 9F9, that the said °redo• V JJI+i_r—. A D J DOCKET NO.8910 �,J APPLICANT Bases Draw Form..Ltd. has been published continuously and uninterruptedly during the • _ i6fi eb Morris Burk period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said notice or advertisement above referred k; to: and that said newspaper was at the time of each of the We urns:a.so publications of said notice duly qualified for that purpose within the __ meaning of an act entitled. "An Act Concerning Legal Notices. TBLL°tYb AEE Advertisements d Publications and the Fees of Paint.,-. an•' Publishers the f, and to Repeal 11 Acts , Acts;' IS Ss_ae the. Conti with Provisions of t" ..,ve, April 1921 Plantolinit Development best of Fleet Fait Bent all enMm and p I ,ash: end lby a Drew Feint en*EAuestda Center:. 1 > LEGAL DESCRIPTION:A tract of nd located ki'SWMe 3,4,5,B 9 and l0 Publisher al M Township 3 North.Rena 65 West of the Mb P.M.,Weld County.Colorado. Save bsesd and sworn to be ore me this_ day o f LOCATION:East and'Meanto Weld ll�d AD 191, Oouf4'Reed 39 and south and agecoM, OF �f�r\/�\\ Lift") to WeldCanty Road 38. l COUNTY slim ('/�//�i /. Notary Public WELD OGUNTT,CSLOMDO Ws— MQ.raL l t.A.n.c........s._ By:MARY ANN FERERSTER4 COUNTY CLERK AND RECORDER �/ AND CLERK TO THE BOARD d 1 . 41/4/11Lr 4IP6)-' BY:Mary Reiff.Deputy My commission expires June 1992 r�,�,,. v 0,10a2 `4IIIryI �' inMBt My C©it,rl.65'u�9 ' ,1. 890271 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: MARCH 22, 1989 DOCKET # 88-48 SHOW CAUSE-HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. DOCKET # 89-10 REPLAT OF PUD PLASN, FIRST FILING OF BEEBE DRAW FARMS & EQUESTRIAN CENTER- MORRIS BURK DOCKET # 89-11 PUD PLAN, FIRST FILING - DEL CAMINO CENTER PARTNERSHIP NAME ADDRESS HEARING `��Q � ATTENDING �r `` �JI /7zLc 4 LOCK- 12 �u t ✓Cat tua<76k, �?�ede o7 f isso Lla✓n I-. S4 .fin at ver ocCC, Burk: / �:1•.,,, A.r Li n r( ? O , 9 C.c.,C.c., K:Ti, ' ta- .tit 11 n (� �� ( c'tCW G O F c J W je C %7t 1Z \/N/t 1 a, Ete(& L 4-Li i la . hc{ IMe.erv'"-7 Ldd,ttl5 &di/L /S$/ t44wze4 , pawin, kow, Sea Qznw l7.1 vwnt,J R,f'.K icci cAezts,e, , i004 1/4:r St,Lt� gEte 179-Avi 6266' Ni AC:11410:41:: C ° /5 41C/ >7'3—172&c,/nle,c-/ ie 6 ) atoicotr i /Z-Cg 7 44g1. 4/la, 1t.a eiteri eaa ' cY9- // T i fPf i-3 Fri13 /3.9a,I c.,-- t a,/V-r�LL( r r ` ' i or /cogll7 Pit l U,ti�t , / c,.... ;��, c . . ff'ii c ` O1ee. UV , P-�x_VQt Cam! . Ca%tIo;., s CC 5 ZS T-"'( e„ .,, ,.,.:;. Le l:4-- 890271 :t�` `_ Beebe Draw Farms 1551 Lorimer,Suite 2706 Denver, Colorado 80202 (303)620-0967 • March 15, 1989 Weld County Health Department c/o Environmental Protection Services -- --- -- 1516 Hospital Road i� Ji� a%jl ,Vj) -, Greeley, CO 80631 I � Attention: Judy Schmidt P 1h 1989 Ladies and Gentlemen: Weil L'i,. Pl:,anr,g irIJ�rS5!u As a part of the Beebe Draw Farms PUD we have a 450 acre recreation area, on which at the present time there are 4 cross country courses of approximately 2 miles each with a start and finish area, and stadium jumping and dressage areas of about 7 or 8 acres each. Whenever the development work starts we will be building a property owners club house and small boat marina, and a small outdoor arena for dressage and western riding training and competition. The club house with swimming pool will have two sets of men ' s and two sets of women' s toilets. In the second phase bond issue an indoor arena is proposed for eques- trian events of all types . It is proposed to have seating for 1 , 000 to 1, 200 people, and would have adequate toilet facilities for both men and women. When this facility is built the toilets would be available for the outdoor events as -well . There will be four events over the summer of 1989 ( 3 two-day and 1 three-day) with the first one the weekend of May 6 and 7 and the last one the weekend of September 2 and 3 . The other two events will be pony club training events at which there will be no specta- tors . Although the dates are not set, there will be the same number in 1990 . We respectfully request that the equestrian center at Beebe Draw be allowed to use an adequate number of porta-johns for each of the 4 events for each of these two years . They have been satisfactorily used in the past for similar events , being brought in by Slim' s Sanitation each time and being pumped out daily by them. 890271 // If the indoor arena is not built in 1991 then we will install vaults and privies at locations that can be worked out by then, even though some of the equestrian facilities will probably have to be rearranged. The club house with its toilet facilities will be available for the summer of 1990 . Sincerely, Be e DD w Farms, Ltd. 7 Morris Burk, General Partner MB/em 890211 - 2 - Summary of the Weld County Planning Commission March 7, 1989 Page 2 The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Burnett - yes; Ann Garrison - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Rick Iverson - yes; Jerry Kiefer - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: S-299 APPLICANT: Beebe Draw Farms, Limited, c/o Morris Burk REQUEST: A site specific development plan and a replat of the PUD Plan, first filing, of Beebe Draw Farms and Equestrian Center. LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all in T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Fast of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 38. APPEARANCE: Morris Burk, General Partner, Beebe Draw Farms, Ltd. This is a request for a replat of the first filing. The replat will improve the area of some of the cul-de-sacs, reduce the number of lots from 195 to 188, and create three outlots. Because a metropolitan service district is planned, the outlots will belong to the district. The number of acres which would be deeded to the school district from Beebe Draw Farms, Ltd. , has increased from 23 to 36 acres. The Chairman called for discussion from the members of the audience. Jerry Wardell, adjacent property owner, expressed concern about the roads in the area. Lee Morrison briefly reviewed the road improvements agreement between Beebe Draw Farms, Ltd. , and the County. This is document is a matter of public record and anyone who wishes to review it may do so. Roy Wardell, surrounding property owner, asked if there would be specific standards for road construction, and who wound ensure these standards were met? The Chairman asked Mr. Burk if he had reviewed the recommendation and conditions presented by the staff? He stated he had and he has no objections to them. The Chairman asked Rod Allison to read the recommendation and conditions set forth by the Department of Planning Services' staff into the record. 896271 Summary of the Weld County Planning Commission March 7, 1989 Page 3 MOTION: Ann Garrison moved Case Number S-299 for Beebe Draw Farms, Ltd. , for a site specific development plan and a repiat of the Planned Unit Development Plan, First Filing, Beebe Draw Farms and Equestrian Center be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval based upon the recommendation and conditions outlined by the Department of Planning Services' staff and the testimony heard by the Planning Commission. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Burnett — yes; Ann Garrison - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Rick Iverson - yes; Jerry Kiefer - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: S-300 APPLICANT: Del Camino Center Partnership, c/o Ed Kanemoto REQUEST: A site specific development plan and a PUD Plan first filing. LEGAL DESCRIPTION: A tract of land located in the W} of the NW} of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Weld County Road 22 and east of and adjacent to the East I-25 Frontage Road. APPEARANCE: Mike Daley, Architect, Neenan Company, represented the applicant. Be reviewed the utilities which will be serving this planned unit development. Tape 342 — Side 1 They plan to submit plans for the first custom lot within two weeks of approval by the Board of County Commissioners. The Chairman called for discussion from the members of the audience. Jack Hill, Superintendent, Godding Ditch Company, stated they have no objections to this request as long as their requirements are, met. The Chairman asked the applicant if they had reviewed the recommendation and conditions outlined by the Department of Planning Services? Mr. Daley stated they had reviewed these with Rod Allison, and as long as their recommendation has been incorporated into these items they have no objections. 890271 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: r.,._,, CASE NUMBER: S-299 NAME: Beebe Draw Farms, Ltd. , c/o Morris Burk MAR 1 01989 ADDRESS: 1551 Larimer Street, Suite 2706, Denver, CO 2,02 c2.3(< 473 4 3 REQUEST: A Site Specific Development Plan and a replat of the Plannte Unit Development Plan, First Filing, of Beebe Draw Farms and Equestrian Center LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 38. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (PUD) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The PUD district was approved on December 5, 1984; - The PUD plan conforms to the approved PUD district. The Utilities Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on February 9; - The uses, buildings, and structures permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning and with future development AS projected by the Weld County Comprehensive Plan; - The PUD plan conforms with the performance standards outlined in Section 35 .3 of the Weld County Zoning Ordinance; and - The PUD plan is not located in an overlay district area. 890271 S-299 Beebe Draw Farms, Ltd. Page 2 These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the PUD plan plat, the applicant shall: - Submit a letter to the Department of Planning Services from Mr. Gary Sandau, Fire Marshal, La Salle Fire Protection District. The letter shall update Mr. Sandau's February 6th letter and approve all fire hydrant locations and fire safety requirements for the PUD plan, first filing; - Submit a letter to the Department of Planning Services from Mr. Clifford Brookhart, the RE-1 School District Representative. The letter shall update Mr. Brookhart's January 31, 1988, memo and approve service to the PUD plan, first filing; - Submit a Weld County subdivision improvements agreement to the Department of Planning Services. The agreement shall be approved by the Board of County Commissioners; - Submit a plan to the Department of Planning Services for controlling insect vectors, odors, manure, and other possible nuisances in the greenbelt and recreation areas. The plan shall be approved by Weld County Environmental Protection Services; and - Amend the PUD plan plat to show an additional right-of-way width of 20 feet east of Weld County Road 39 right-of-way from the Beebe Draw Farms Parkway entrance south along the west property line. 2. The following notes being placed on the final PUD plan plat: - The uses permitted in this PUD plan are R-1 (low density residential) , recreational uses, and oil and gas production facilities as described in the application materials and set forth in the Weld County Zoning Ordinance on file with the Clerk to the Board of County Commissioners; - All dwelling units, the indoor and outdoor arenas, clubhouse, and association headquarters shall be located a minimum of 300 feet from oil and gas drill sites and production facilities; 830271 S-299 Beebe Draw Farms, Ltd. Page 3 - The Central Weld County Water District shall provide the water supply to the planned unit development district. The water supply system shall be provided consistent with the requirements of Section 8-10 et seq. of the Weld County Subdivision Regulations, pursuant to public water supply systems and La Salle Fire Protection District fire safety requirements; - The applicant, metropolitan district, and/or homeowner's association shall provide and maintain all roads internal to the planned unit development district. The roads internal to the planned unit development district will not be maintained by Weld County, but must comply with design standards listed in Section 8-1 and 8-2 of the Weld County Subdivision Regulations; - The Beebe Draw Farms and Metropolitan District shall comply with the amended Road Maintenance and Improvement Agreement regarding impacts to Weld County Roads signed on April 9, 1988; - No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be construed to be any inoperative vehicle. No other junk items shall be stored there, i.e. , used building materials or any other matter; - No permanent disposal of wastes shall be permitted at this site. No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage, or rubbish shall be disposed of in a neat and orderly manner at a facility authorized to accept such waste materials. Any expenses incurred for the disposal of such waste materials shall be the sole responsibility of the owner of any such lot; - The areas shown as greenbelt and recreation on the PUD plan plat may be used for utility easements; - All single family dwellings shall be set back and off set a minimum of 50 feet from all lot lines; - Only one horse per acre shall be kept on any lot. A fraction of an acre shall be rounded to the next highest whole acre for determining the number of horses per lot. No other livestock may be kept on a lot; 89°271 S-299 Beebe Draw Farms, Ltd. Page 4 - An applicant for a residential building permit shall submit evidence to the Department of Planning Services that the required building information has been submitted to the Architectural Control Committee and the Committee has had a reasonable opportunity for review prior to permit approval; - The septic system for the proposed clubhouse facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations; - Fugitive dust must be confined on this site; - Weld County Septic Permits are required for the proposed residential homes and shall be installed according to the Weld County Individual Sewage Disposal Regulations; - Public restrooms may be required for the indoor and outdoor arenas, depending upon the number of individuals and type of usage. Any public assemblage will require public restroom facilities; and - Conflicts with existing easements will be resolved prior to construction of roads, utilities, or other facilities. Motion seconded by Ernie Ross. VOTE: For Passage Against Passage Jerry Burnett Ann Garrison Ivan Gosnell LeAnn Reid Rick Iverson Jerry Kiefer Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 890271 S-299 Beebe Draw Farms, Ltd. Page 5 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 7, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th day of March, 1989. Bobbie Good Secretary 890271 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number S -�q Submitted or Prepared Prior to Hearing at Hearing A 1. Application Pages — {(Qy ✓ 2. Applicant plat(s) page(s) g fAru to f} 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Property Owner's Mailing List fr.-- 6. DPS Mineral Owner's Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case File Summary Sheet 10. DPS Field Check 11. Arun) csrl'';c..- ZcCc0 C K - t , r/ 12. F,�.1,� . � , pc ✓ 13.-Pt k4 /F Ecj*er,/ 2FcS . Li n.,t'f , ✓ 14. Wee Ce 44/L. PQ*.- — I I , , v 15. l G c€ 7 Liner icni A/17-74-, / / V 16. 'CfCm-co, J er✓, u — 1,7 r/ 17.1_, 5642. h r Qr.+e-d,u,- �:;In c i- — '- - 1 p) 18.h2ir° +L� / 19. C / 4 w� n tw nif.,a.„ � C 21.Pad (Lee/ C.dasetictc_ ps. — tv- H-. U' fPi>'� I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on ?neva /C/ /4j Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS /0th.. day of 7 ,J2/LC.(nC 19c}Q SEAL 111 Xlieut NOT i.,12Y PUBLIC (s- Q-( ,. �� / co 8dosi c My Commission Expires 7770A k) 21) /G�90 890271 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number s`_.2„eizi Submitted or Prepared Prior to Hearing at Hearing • Application Page 2. Applicant plat s) page(s) 3. D S Referral ummary Sheet 4. DPS ecom ndation 5. DPS Su ounding Property Owner's Mailing List 6. DPS ner 1 Owner' s Mailing List 7. D Maps P epared by Planning Technician 8. S Notice of earing 9. DPS Case File Su ary Sheet 1 . DPS Field Check 32. • Wei Sciet- D,r+: Cc ( — (-3/ 'fel — ( /5 , V 44 r — I , . 1 I �-, r/ 31( X1. b4707 ueccer yix it-, ii o 2.- LK ciiik Fre. F'v1cdi j7.rf. . 77 zS j (/ The Pt'444 jc/w(' P i,,UF g E 1 — 215 - 2-2-4-5 '✓ !• _ems` �` 6`l EP-ea-u-O 1 2-12 2/1 V 2�"� �,y ,. {fir �p"rii �'urk `Iv t%'tIfF� eil ,___ ett 7c1 -1$: Te-0—A'f A -21. 1 hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on . 47,2nLe`i; Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS I > day ofOAIC.-40 19 89. SEAL 1 ) Ailt /1 V v " � ' �� NOT Y 'UBLIC ?For My Commission Expires o /U 2(l /990 11e ,� CO eora31 890271 EXHIBIT INVENTORY CONTROL SHEET Case &tie tat " Exhibit Submitted By Exhibit Description /��A. O21`U`zai 4f_/:c; - /`") 2, B. ee,(6/J -C17J✓JJ,n,6 4,4-/-0-72e-4/-4-' e--a/ ,or ccCc�o" fit�:fi� iJv- ,2l!.i yji�z�n-C .e 2,-9 - 4 D. a✓Ze.er- '�Y/92-1 - / tea/ A2 E. /��' g ca2ccx ,57 F. T /JZ gyt✓,Y'"✓ wryci0r-ea& C. - �/1 /..C2ar ) C /I✓ dam•, P /LR H. I. J. K. L. M. N. 0. 890271 Date: March 7, 1989 CASE NUMBER: S-299 NAME: Beebe Draw Farms, Ltd. , c/o Morris Burk ADDRESS: 1551 Larimer Street, Suite 2706, Denver, CO 80202 REQUEST: A Site Specific Development Plan and a replat of the Planned Unit Development Plan, First Filing, of Beebe Draw Farms and Equestrian Center LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado -LOCATION: East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 38. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (PUD) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The PUD district was approved on December 5, 1984; - The PUD plan conforms to the approved PUD district. The Utilities Coordinating Advisory Committee reviewed and approved the utility plan map at a meeting on February 9; - The uses, buildings, and structures permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning and with future development as projected by the Weld County Comprehensive Plan; - The PUD plan conforms with the performance standards outlined in Section 35.3 of the Weld County Zoning Ordinance; and - The -PUD plan is not located in an overlay district area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 890271 5-299 Beebe Draw Farms, Ltd. Bage 2 1 . Prior to recording the PUD plan plat, the applicant shall: - Submit a letter to the Department of Planning Services from Mr. Gary Sandau, Fire Marshal, La Salle Fire Protection District. The letter shall update Mr. Sandau's February 6th letter and approve all fire hydrant locations and fire safety requirements for the PUD plan, first filing; - Submit a letter to the Department of Planning Services from Mr. Clifford Brookhart, the RE-1 School District Representative. The letter shall update Mr. Brookhart's January 31, 1988, memo and approve service to the PUD plan, first filing; - Submit a Weld County subdivision improvements agreement to the Department of Planning Services. The agreement shall be approved by the Board of County Commissioners; - Submit a plan tc the Department of Planning Services for controlling insect vectors, odors, manure, and other possible nuisances in the greenbelt and recreation areas. The plan shall be approved by Weld County Environmental Protection Services; and - Amend the PUD plan plat to show an additional right-of-way width of 20 feet east of Weld County Road 39 right-of-way from the Beebe Draw Farms Parkway entrance south along the west property line. 2. The following notes being placed on the final PUD plan plat: - The uses permitted in this PUD plan are R-1 (low density residential) , recreational uses, and oil and gas production facilities as described in the application materials and set forth in the Weld County Zoning Ordinance on file with the Clerk to the Board of County Commissioners; - All dwelling units, the indoor and outdoor arenas, clubhouse, and association headquarters shall be located a minimum of 300 feet from oil and gas drill sites and production facilities; 890271 S-299 Beebe Draw Farms, Ltd. Page 3 - The Central Weld County Water District shall provide the water supply to the planned unit development district. The water supply system shall be provided consistent with the requirements of Section 8-10 et seq. of the Weld County Subdivision Regulations, pursuant to public water supply systems and La Salle Fire Protection District fire safety requirements; - The applicant, metropolitan district, and/or homeowner's association shall provide and maintain all roads internal to the planned unit development district. The roads internal to the planned unit development district will not be maintained by Weld County, but must comply with design standards listed in Section 8-1 and 8-2 of the Weld County Subdivision Regulations; - The Beebe Draw Farms and Metropolitan District shall comply with the amended Road Maintenance and Improvement Agreement regarding impacts to Weld County Roads signed on April 9, 1988; - No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be construed to be any inoperative vehicle. No other junk items shall be stored there, i.e. , used building materials or any other matter; - No permanent disposal of wastes shall be permitted at this site. No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage, or rubbish shall be disposed of in a neat and orderly manner at a facility authorized to accept such waste materials. Any expenses incurred for the disposal of such waste materials shall be the sole responsibility of the owner of any such lot; - The areas -shown as greenbelt and recreation on the PUD plan plat may be used for utility easements; - All single family dwellings shall be set back and off set a minimum of 50 feet from all lot lines; - Only one horse per acre shall be kept on any lot. A fraction of an acre shall be rounded to the next highest whole acre for determining the number of horses per lot. No other livestock may be kept on a lot; 890271 S-299 Beebe Draw Farms, Ltd. Page 4 - An applicant for a residential building permit shall submit evidence to the Department of Planning Services that the required building information has been submitted to the Architectural Control Committee and the Committee has had a reasonable opportunity for review prior to permit approval; - The septic system for the proposed clubhouse facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations; - Fugitive dust must be confined on this site; - Weld County Septic Permits are required for the proposed residential homes and shall be installed according to the Weld County Individual Sewage Disposal Regulations; - Public restrooms may be required for the indoor and outdoor arenas, depending upon the number of individuals and type of usage. Any public assemblage will require public restroom facilities; and - Conflicts with existing easements will be resolved prior to construction of roads, utilities, or other facilities. 890271 La Salle Fire Protection District 118 Main Street La Salle, Colorado 80645 March 3, 1989 Mr. Rod Allison, Principal Planner Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Dear Mr. Allison: On February 6, 1989 the La Salle Fire Protection District sent you our recommendations concerning the fire hydrant locations in the Replat of First Filing of Beebe Draw Farms and Equestrian Center. These recommendations were to move five hydrants from smaller dead end lines to main supply lines. I have reviewed a revised set of the water system and fire hydrant locations. The hydrant locations have been moved as we recommendated and now I can approve their location for our fire safety requirements. Sincerely, rY act Gary San d au, Fire Marshall La Salle Fire Department UIM.AR 3 1989 � AlL. fold Co. Planning r:nm+nossiw 89C271 B reebe Draw Farms 1551 Lamer,Suite 2706 Denver. Colorado 80202 (303) 620-0967 D 1 E'l C1\i7 cal'— February 2 , 1989 III, MAR 3 1989 It CAS. Weld County School District RE-1 1065 Birch iita Ca. ilaMmt wadi w Gilcrest, CO 80623 Attention: Dr. Clifford O. Brookhart, Superintendent Gentlemen: Pursuant to the subdivision regulations of Weld County, we are requesting that you confirm to the Board of County Commissioners our mutual understanding with respect to our agreement to donate to you a potential school site at Beebe Draw Farms . Our understandings are : 1 . The site will be deeded to you on or before the recording of the plat for filing No. 2 in the PUD. 2 . The site, consisting of approximately 36 acres , more or less , is shown on the new master sketch plan for the PUD and is located in the NE 1/4 of the NE 1/4 of Section Five and the NW 1/4 of the NW 1/4 of Section 4 , Township 3 North, Range 65 West of the bth P.M. A certified survey of the site will be prepared at our expense and furnished to you with the deed. 3 . You agree to accept this site with it being understood that: ( a) You shall be under no obligation to build a school on the site at any time or use the site for any purpose. (b) Your obligation to provide public education to residents of District RE-1 shall not be affected by your acceptance of the site. ( c) The deed of conveyance will contain a restrictive covenant by which you will agree that the site will be used only for school purposes or purposes allowed under Weld County ' s R-1 zone as now in effect. taxes paid to date or c; 5(.d_ ar,dThe deed shall convey the site free of any mortgages n -or deeds of trust. 890271 1 Weld County school District RE-1 February 2 , 1989 Page Two If the foregoing terms correctly state the terms under which you have agreed to accept a deed to the site, please so indicate by signing below. A copy of this letter will be submitted to Weld County to indicate your agreement to accept the site. Si erely, BE E D : W FARMS, LTD. vm B Mo is Burk, General Partner APPROVED: Weld County School District RE-1 By MB/em 890271 OF CO<p , 9O ROY Governor N • JERIS A. DANIELSON Governor State Engineer * 1876 r OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 February 27, 1989 Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Beebe Draw Farms & Equestrian Center, First Filing Sections 3, 4, 5, 8, 9, and 10, T3N, R65W Dear Mr. Allison: We have reviewed the above referenced replat of the first filing _of a Planned Unit Development. This replat changes the proposed development to 188 residential units on 1164 acres. We previously commented on the project in a letter dated August 27, 1985. Most of those comments are still applicable. Central Weld County Water District has committed to serve this develop- ment. We have received no additional information from the District concerning dedication of any more Windy Gap, CBT, or other water sources to this develop- ment beyond the 50 shares of Windy Gap water discussed in a letter from Mr. Olhausen of the District to our office dated July 19, 1985. To protect the buyer, we recommend that taps be issued prior to lots being sold. Further, we recommend that the county only give final approval of each phase when CWCWD indicates that sufficient CBT or Windy Gap water has been obtained and committed specifically for that phase of the development. From our files, it does not appear that sufficient water for the entire project has been obtained at this time. Sincerely, /I too 1.3 - Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:0646I cc: Alan Berryman, Division Engineer G`7c-'I [`r Central Weld County Water District (r r � j-7� : AR 6 1989 L _ — Meld Co. Pinning t;ummissuz 590271 LAND-USE APPLICATION SUMMARY SHEET DATE: February 17, 1989 CASE NUMBER: -S-299 NAME: Beebe Draw Farms, Ltd. , c/o Morris Burk ADDRESS: 1551 Larimer, Suite 2706, Denver, CO 80202 REQUEST: A site specific development plan and a replat of the PUD Plan, First Filing, of Beebe Draw Farms and Equestrian Center. LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all in T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of and adjacent to Weld County 39 and south of and adjacent to Weld County Road 38. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in Section 28.13 of the Weld County Zoning Ordinance. Land-Use Information Acres Percent Unit Total area 1,164 100 N/A Detached single family units 458 (Avg.) 39.36 18S Average lot size 2.437 N/A N/A Minimum lot size 1 .52 N/A N/A PUD roads 80 6.87 N/A Outlot 1, association headquarters 1.18 .1 N/A Outlot 2, property owners clubhouse 7 .971 .6 N/A Outlot 3, indoor arena 23.232 1.99 N/A Outlot A, equestrian center and track 422.345 36.28 N/A Additional greenbelt, open space, & trails 171.272 14.71 N/A ACCESS: Weld County Road 39 WATER: Central Weld County Water District SEWER: Individual design septic systems PUD ROADS: Privately built and maintained by the Beebe Draw Farms Metropolitan District. 890271 S-299 Beebe Draw Farms, Ltd. Page 2 OFF-SITE ROAD IMPROVEMENTS: An amended agreement for off-site road improvements for the primary and secondary access exists between the Board of County Commissioners and the Metropolitan District. FIRE PROTECTION: La Salle Fire Protection District SCHOOL DISTRICT: Re-1, Gilcrest School District POLICE PROTECTION: Law Enforcement Authority The indoor and outdoor arenas, dressage and stadium jumping arena, cross country jumping course, and property owners club house are located within nutlots 2, 3, and A. Although the capacity of these facilities is not known at this time, there appears to be adequate acreage for vehicle and trailer parking. Parking surface will vary from pasture to gravel. Each lot will provide private parking. On-street parking is allowed. The future development of oil and gas production is a use by right. All dwelling units will setback a minimum of 300 feet from oil and gas production facilities. As part of the PUD Plan, First Filing, the Beebe Draw Farms Metropolitan District will build the property owners headquarters on Outlot 1, clubhouse, swimming pool, tennis courts, and parking on Outlot 2, a small boat marina and docks, the entrance gatehouse, signage, fencing, and landscaping. Land for the Re-1 School District and La Salle Fire Protection District will be dedicated as part of the PUD plan, second filing. Recommendations from referral agencies are included in this packet. The Department of Planning Services' staff has not received any objections to this request. 890271 1So‘ •1251 1. ,:; Y.a.nN.Hs..,H074 «.%..re ..�P CO Cara CORRECTED FIRST FILING WELD COUNTY , COLORADO rill,Plat First riling.weld Coon,.Colorado.BM..aro,...... SHEET INDEX SHEET NO. DESCRIPTION ELVER SHEET,SHEET INDEX Beebe fir=■``" 2 ilro0Pl4IN 8001104NY,SOS SOIL Il i `l Draw LEGAL :IIOX 4PINL PIPN �1 � � �� 3 LF4Al CESCR[PIIOX u-IT FTL,44 PLATS Farrils Id EJR'/E DATA TAMS 14-20 RUNAY PLAN SHEETS 21--c9 900,1AY vIAX C PROFILE SHEETS 49 6 494 DRAINAGE PLAN-SO YEAR R00pFF and1':queslrian( enler NOVEMBER, 1989 S- 299 �e 171! • PLAT SHEET INDEX MIX ENGINEERS-ARCHITECTS-SCIENTISTS GREELEY. COLORADO v1 0,4 89 00 0 4541 WKY ANN..21.�,EIN 442W .KKCON ER WELD CO,CO ^ FARMERS RESERVOIR & IRRIGATION CO. \ .f'� `Y ^,,,: , �,•,. ry••1.. FLOOD EASEMENT. ,,,,,�,•••„••• RECOROEO IN BOOK IO6B RECEPTION 602000621, •Y MAY 7.1885� I . _ I. F F yI(( , t� .7 STABLE ,. BLOCKS 70, r 70 , f I\ * f '': ___t5:. �`' X72 �1\ \\\\ 1\18 lg.' P 46� •48 ' \J, i i\/• --.70 \), 60172 , 1 23 1 40 41 1 1 /, 153 I !7 .�\'70 1:7 `\1 /.. - �0 10 i ^�� , 42' 53 1 62 -64 15 i75 i741v .. --. i. 4: :�:�-➢ o 24 2 lS5 i PROPERTY -ha •, 9 42 �2 32 39 49 65 7Q .�. \ _• CLUBHOUSE ,V. T / 3 27 39 �� 1 ` FACILITY .� 5 33 44 Sao 141, y i-. � `� < f FACILITY 14 26 5 67 ". et 176 - SMALL BOAT ` -j HARBOR •�\ 7 45 139 4 o 17� ,g16 t' - '•1 2 n 162 �7 70 8�-, 3 79 121 123 151 . 72 ez27' -_-__. 71� 73 1� 80 B,� .. S"_ :i: ' 14 163. 7• .. -9$\ lad 27` �1 :64- 180 . . , 7�� a 12a - 93 , 128 165 7 9 a 75 88 115 97 If .. 129• 181 - __ 4".A ` 7` 89 , _. 1•, i 1 30 166 8 ' .',Imp 114 116 17 11= f.� 1 167 • �9 ! oz 'o1 11 Y 193 1 x,.. R Ns ,,.B f 1 44 0544 `3�3 19 88 ``\ `/ �190 1 `0 103 � 34 35 . ,..,�. ....C 9, 111 110 1 s\ --- 109 10 107 _ : r06 1 _ o, .�.. K v .\ ` •' �138 .. .. :.�:. ,,.,, _ - 299 . , 590FIRST FILING -.,..<s.,,,, vl.=.:... • , ,.. .°, " MIX CECNEO - BEEBE DRAW FARMS - APROvED AND EQUESTRIAN CENTER •,e ._� .: .. ., ..... .. + - 0555 FLOOD PLAIN BOUNDARY 2 ,-.•Tw•• R+nECT ID BCS SOIL CATA108IES / '-•'^•• LANDSCAPING PLAN 1 If 1251 PVC F 0545 NANO uM OVA eMaTOIN CLAMS I 9 10:10 MoVON0NM wet)CD,CO ., _ a .. .r_, rr,..._ —. r. ---• .'..:' ar.n... .r..n .nrr.. i. :,C(":1'� •``F...1'7,7:27-w .rn.n.. >..:a...•..,._...,_. .. ._ _soomorcsaw on.s so.so r, rr Q me , ,,,.� 'f"i'MN.. ., xt eon • . 'gym .. , .-..s..c� �.•,.Mv•,.r ..'wr sV.an nnon so-,m•y".rMM r...r.v.a.W --. '�C..,�✓.:..�`...[_.A.i..•• "n., . ..raiw r.olar.r.•ne7.'7n:.7vn • • resrwt .....n NOTES A_ _,c.,de.,ro c- perm.,.1 Papa.al.a....Nal a p.mAw. a. a..a p:.e lemur.. .m.a nt..Ws ,r...or maim ping�a a a Lo a P n;. ,d ,n• w apm.m.a for aeem �d.etl,agar.,a °.p din Con,m e.m s d.n a.w ra p.a ara Co....va.rw.rc ootneon..acceptA rw„corr. mue . ...a...........2'.. 'r- p woo mwr as mar.,..en u.ale 0 ono onoct000n pie0 oyr.e0.• M- a A.w,r)maa M [eee.adaw,Septic Permits a sh,be re.r. .500 Net frOM ON raa,.er. °a aaa aan OP and p.ea.Na dpi, a a used a?vOlipW ante. •ew County..•'1..S Se..01.09.,:Mpubtlen.b C_ 1-w I v b.Henan me en.w a 0- m. a..ar w.a.ar rw Lora..ma Coo., 0.r....wu ... • .- - pow sup.re a... ..........conrvaetlai.Mw aN m Ne.a,... P..„pending mwaa ,......n.eaa m .d_rppq.n..m ena vane m.ndap. r.,u.p.,dx•w a rwaa..,.men,PM Pe ._-.._. - ma...mm4 m s a.ea a u.,a ,n N.soppy .-oar.a «.nw. SuPsiviskon ont.r,.,. 4A G!-%n4 ,-�.Y�<a,.G..Gn a.y....'.�L... f-'..5'c-,/./ z/f,, .... :".`r,....-Con i:,Kr...r.. ram r a.,. ...r.m NO ma.. °-ran.d'.v0.' reea uawr.an an,,a.m.. .a,4:4_ ,.,••.•Sat /efr•f=r ...., G.....r....W r ) _w.Ina w.aoa aega tha amed M .d� `— r,� pOn lanned pet sea ,O..,Pit M.O. .,�. a�.eCon a d a S 299 .r..x .3.er u• rs...-+.r tre m e*00 re 4Yr.rx<M w.;.r','...:...rr. y [-rn.Bra D.w sw.0 WN,0.0*. :•.O .ax.am�..n . 1p 1x..1 n:rl. •vr.. a^ae..m m.a... _rera..,. Agreement a Av...Carpd .n e. ,,,,,‘„E,,,,,‘„ErT. WELD COUNTY,COLORADO r..art.._:pa.d w..,a Cow,.Rot.Pp,.an•..nv.,pm, ...,..r -- . _ P.a.-...a ��'X o"'"" BEEBE DRAW FARMS& w .i t-. „Q�^+w --4,7m:-r- �..e� ma.'m"m p r. .a`e e.a A o EQUESTRIAN CENTER Lap... FIRST FILING l,....4 t-mr A.G.-wall..'nu C. ....a..a..... .,m.•.a,ma. a U,.da wa..a e74 3 I M m4�� - PROJECT AO LEGAL DESCRIPTION �i F 1231.6C 02200074 11//13/.9 °Ott e 0346 MA.MN nano 1 xx 6u .xcroNotx Nxl.O CO,CO • __ •M LINE NC.0.>EM,NO• IEttwO' ...... _ •r rr.._r•er WELD COUNTY RD.39 m.T so Nz aov -� __ - 12»' —� I. -- __ 12 - _- I 1 1M1.4J' L fc.rs "":1'..r" »« I I • •§°r I f�.. JC 3 4 aul RmL E- ,we• ui, w SS • , .a %y I.!:,o% r [�#///a , en rrre +Y• f...a f . any„. :\ ..... . , Y 68 -; 4' •/ tfr a .. r•••,';'' ' i" .' . . . \ V. 8 •a1i17,. S » kP: t��e: [4.,..,...,,,.„ J ?a �e...� '°'4..e..... �. Y .,R.2,- `\ c�FPIRbANK_�>,-c66�[.•a �-��fr[�pl� r�t A r4r y—tv`$.;` ` sm"°• cw[ rte' (3r`\ 11 P ` 7,._. .% ._ '/ • i , ,ii( c. a _.0 1 f L---r--'-'444/r: X Ey e\\``,1\ , ...;::•°.:' \ .?:e,''" J 1 4 ,eJ E- J.,.. 1 • 41:C\ --.7.4 r,rre. r.. �i^ 3 e "n \ , \ rl'' �F4/R6\_ t`• o sa-� r•r� • 1 1 \ 11 T' / 11 .N ...ee. 's 3 • .�. 3 E mn s ..:'N E S - 299 [. •I NOTE: //_/µ'_' A3IX nwe \ ALL LOTS HAVE 9'25 FOOT WIDE .«.II«, ••• r • DRAINAGE AND UTILITY EASEMENT ALONG THE FRONT,SIDE,AND N_:` ,� BACK LOT LINES. 4 1351 Mp. 0X0000'/4 12/113/89 0:100,0 5/016 42 0 05 MALI A X0X6sf X C1.6.148• MD6M WC.CO,CO WELD COUNTY RD.39 • it A ` x .uvw • 0 �s3- /:;* ri i i / 553,.. _ 1,i ' 'c.t F4jRB4W ..:77---,-4,u,--�. I l /4 [ KS" S \) nr . d /i . x•Ntc...: - ..' w w / .Y a F41RR4ryK INPu,e 3 I ` .., n, mx.bb.!l: •ele.. E. (---;5:131: c ..:1'. >,..� i 1 I�s al 3 :i.HZ ° 1 4y 1 6 / , „za �' 0 1 1 Y6 • \sott\ Pf / b1 . cm 8 . \ NOTE: '� S. 6 / ALL LOTS HAVE A 25 FOOT WIDE .E4. 4 DRAINAGE AND UTILITY EASEMENT "t. .S ALONG THE FRONT,SIDE,AND / BACK LOT LINES. e- +8� YY �r0 A■'A GMxa6N00 S -2 9 9 / _� .. ,. 0,,y � • Ff ,1 / ___ SEE SHEET e---- `I\ S B 1251 het avxxxrx 13/09 S NM rea l `ys I SEE SHEET 4 � „ %I: > j F—IRBANNS N.COURT �c� .� ge 1 u. 3 • _ '�. , . • 1; mow° y / . ..,.......E _.___, 4 \ \ ....lot. uI . ' 1a 1 y F• ,x�euf �' p,a aonor a; 1.... 1 6[.MAMtOK ..i/ ,o. a•• a,`. mw • ge' x b'y e a..ene ""—;. a •"-- •L 9 • sav .a:m on..a y . .,..u. • l; 4-LM . il 1¢ . c r, ••� .•nom y+ ; i ? ,.:,,t . -.., ..- ta H<------'*--'1''' — „: -:".. \'0 -.�1` ` ..ac uni� a ,,,./. •• P/ / ••-/ 7.\. •ee.e� \ / r•,�A. 5 can — _ ;\_______,,,3,0>.--_____--r,,,c.: '°°• /S at vJ°`•.`".°`' N' - era ` -- i•� �' ., a .9 ~, %_ . w. �tY nmd. / w I / • .e . ' NOTE: AlIX / * �. 1 • ALL LOTS HAVE A 25 FOOT WIDE ce.xe.xxxx �' / • 6,12 ` - 44 DRAINAGE AND UTILITY EASEMENT ems,„e '• ALONG THE FRONT,SIDE,AND �tl' '• �5 SEE SHEE e{. \ BACK LOT LINES. 6 0 1751 Roc 02200014 11.9 10.10 °100.00 e Dsw xxxr Am emexsrxlx u.xxx a xecoxoxx xxuo CO.co / ,+,m SEE SHEETS • ` 1 -/ .. ...\„,____,.. ..,,,,,,,,4‹.. T / s r. aw a� / .- Y. T u I\t ..1,1 �.��- uuc nv. a ON 11 .'5. - e_1 SAON T IDD 300 ." • _ 1 / a 1 / w.v .414.9• ...0i...4 L .\\4y sr'le a�i. A 9 1 / xun2 •E•. eMM .\ 'a w s• ti.p n,n FI • • - ---'\ \ \ .' .I ei :F 0 •Ty; y�yY `\ .�°�. • +,r• ill .a' ��///r---.J/ ` ea, r<• . —"BADMINTON R0.N. f{g,—:-,. .v.1:14°."'"` m..1",.....T....-----.("-"'"- \ 7.1. Poe �� N`cb d 7,2, ! \\\\ il R / .'S ice_ \ +: :' S S s. ,5 b, 4'q0 an !• ;•;.' / - I / 5 42e. \mot a ,' ✓4, NOTE .4 _ ' � Ste, + /I; ALL LOTS HAVE ALI F00TWIDE ,,,m , y DRAINAGE AND UTILITY EASEMENT ALONG THE FRONT,SIDE,AND ,x ._ • : BACK LOT LINES. � o : m S -299 • iii i fif IS a tr6 I' ,.,,,, .�}. I `, ' ' MIX$ I .7, 1-E y , �k - �p�wn e,.x�,hMesn _•,_••e.. „� S E SHE T - �' 7 x 1,51'Z Tire:. 1/ll/B9 :10 .00 Bg/Ole \�` �s.xn„x axn exu.xxx:x�crnxlx ,IN-5,ExSK`ET cg'.*g SEE SHEET 6 ce, : I L can » 4 . �- . _N0PTYI _ 7. 'j,•- -�e.,w .. l .c- 1:D ND .DD t .wane/11'21 A% 0.0 Mn ,I. rwa u. I ' ' S ,e am \ O. A 1 S'4 // N\ • 8 • 59 ;' 12 / as \\�\//.s • 1ss \\\\\ g r m \\ / --- \,\ 7:1: .6 ,\\6 \ I? ',.. V/ . a j \1 I EE ' BEEBE DPAW,F4p1A5•PKWy -__ `_ \ / a8 ca� ` \ / a \ x �\ // ,L` 4.$m ,1,:,9 '® * y / �/ \ 4,.. .fin ,ia4ri s\, \ , \\ / j pa.-r U �. 4, '�3 1. „1417 a • te--. 142 • \\ % x 1�0../ • e�5 )/7 y„�4 a +;�a• e�,5,6 ,.,• ®: ,•/�, `S ;: i n � &• A. SEE SHEET 10 `\ l e v0nme 12/11/99 10110 4180.00 9/ate .. o≥si x x S SEE SHEET 7 / .• 3.- . '8� ars .nn, s kn tY s.j3 Y /-- .e' "`111 3 '- .f 'A w.�l/Ili ft----------- ,.-4-7,, ., g ,1mwa�. A�' fl,. I S. , n a,. �A ,,,e,i. V � , //• \:.... ..it �s' 'Ito 'pAyy"�// f 01 4�Q/ \ .YI o ,. ,n«, Y.. ,.,..4.., i .ii _., . :: 111::::\,g^o- \,„..,,,. i , i, ,, ,...„.„. .t ,:44 i; '''''''' '''/I...,..„.' -1400-try_,,_COURT .-.S ` \ ii III ^ .,>.Ti nv > .a.w , \,��a ena.a. v� B $ .I�,la TTFFF • e 9, — A IV I I'a /,a'/ n e 11:g IQ ii. ' /....2-- .a5 • ' • •8 Q ^� _ , tae>-.1 ,.n,_. .* \ A. .I t�-m. \ ..... ,ate 7 �., ili,;.'' .1.12 ell 2 a3 }/ is1 ,8 i•i .` J • ,cane s L S-299 .#y NOTE: ' / ALL LOTS HAVE A 25 FOOT WIDE '----------- • *°`p - ^ ��'� DRAINAGE AND UTILITY EASEMENT ____ t�' . ytT ALONG THE FRONT,SIDE,AND i 4��6i` — � BACK LOT LINES. - °' "° "� SEE SHEET II ,11: / /'• tae 9 9I]9009a "Iii 89 19,19 /919 P 095]XAvx u9 veuevsT,Iv ccexlt a Oxo9v v c0 :� ,'J'} SEE SHEETS ',L;3;,3 -''' '. 5e,p' \, .....-•\/.' ; .,.r., ' 114 ,1 A _ L • 1.5.P \ I I 4 :0 �FaF j"�\ MATCH LINE / A OII4 ` "�. SEE BELOW t / Ze7 R$ %15, . 4,i,40I / e.9. • \ . 1F I.'":-,---„, ...• '''' . . .0, ,' ,,',,,NN.:".\\N\ 2; 1 \ ....,:,. 1 ma,. •• . ,... N.\ . \ • , / / \ \S\ . . \\\ • V i .. \ \' ,; t\\‘‘ ,�\ ate' c9� ' MATCH LIRE ``\ �� SEE ABOVE \ M\ 4 a /" • - sy /�� 11 1 4 ti M1 16 s4 �� 1 I I ,/.,+ I SEE SHEET 12 77 r--- S-299 P „ . :CC x9 acC NOTE: ,, ALL LOTS HAVE A 25 FOOT WIDE A4IX c9,o9.,999 i.iDRAINAGE AND UTILITY EASEMENT ALONG THE FRONT,SIDE,AND SEE SHEET 12 ' ! BACK LOT LINES. Ip 8 1251 NU,02.200074 12/12/09 10:10 *100.00 11/010 I'0552 MUT APN 1,1116.4.67.11t1d.a htl[...1W.CO.CO / ..sats. SEE SHEETS 1,. r .r»n.If n' 15 .4,0 F 'h w nwro 77 ,------------ - "V" y • Otis ,�Ica SCALE .4s ' 6'../..--2','' iaaa. a ICO 200 2.00 a P8 d »3C S ww �� 1� ia;n � ao.a = / a r 8 5 #.,40,44;,,,. .„..______------j 7 4" aP" - . , ... . . 2e "" /ii; I,V • ' ' ....V-1"- •4�8 •,• a.E ra ,*,' i8•91 ±: . mss„ _ ;� :,5. ",c' �a ,a, o• ' • 4P :82 STONELEIGN NU _!}may__ i'L4c ,_,. ;_ �: .y! „ _ j • ,88 .3t.2ai.m.c.•..$5,0". /..., CO I t1 4.4../ ,. . ;f . �'' A ,0. 1-;,...; f : ° IE 's' AS • /</ / / a a' y sl ce_ I a •I. ,t. -F a,6 4°4 a�b S-299 I 8 T.'Jar••-s NOTE' A IX i soaa« ..a.o ALL LOTS HAVE A 25 FOOT WIDE „a x 'c.aI°" _ DRAINAGE AND UTILITY EASEMENT T ,,,a a�aaw�° wa ....oft ALONG THE FRONT,SIDE,AND BACK LOT LINES. II 320001. 12/13/09 10310 >f00.00 1]/016 _ \ r 1231 MARY 220>evexs2/1x c x6.x.cPx9xx NEW CO.19 3 j,3g19"f •,.\ MI — Sg3;sa E e ,UgTC 433• SfE'44 9326�2q'E IS /p SCALE I'=100 $. \ N W`n. 5002,9395•W W ,i,':0Nl0'll'l3, J, � S00/' W W ' £ 3p��6•W'W. N 640.I,13'W N 39. • SO pp96 Oy.W N OO�SI'p9^4, \ \ . 3>. t SO 03!956"W. `\\ J N 299349/6`k. O.S7_-1 0' z ,,,,,:r"- .42x459 I I 1. N>6, 5p I0,30'3j,Re � SECTION LINE / I 2 NS0'D>49�^W / 1/ 5000,03'35,. I //// 50075959.w I ��//// / :67,33,`..56',... • /�% \ N O Ig 99"w /�/ ' SOg3.22'29•W /4'''/ - // SC,3°S620•µ. /•/ N>9, SO I9'S2 59"6. / / N». / 500,M'4y,W -s _ / H 2 L Tp0 j037. ` �6 3227V j / •Y>I° aee x2zro..s Sc,..::-.2. 2.36.,,, E ,H N69 /, / 0UTL0T11 A" •P6 HS>. 5023?2'13, / .A ,..6 O 075O.34•». 46 sr,5•S9. W / PROPERTY OWNERS EQUESTRIAN ,s`'‘',1,6,,<° tip m e • -_ C' 19* / I CENTER a RECREATION TRACT I,a�9N0"I y96• 9'. N 02•02.'l"W ry TOTAL 454.356 AC 3. I MINUS OUTLOTS 2,3 423.153 AC ,S o „6 163 2!' 6 I 6.019. ,00, vp s 31,300I -.. X09_J A � N31°5429"E x3P 60 9535.. ,i1 fla7'1 6243 ...�•E N II.5001CW N1}5U 6p•f / nu ;y 20 N.17'31 10726' /�-'/� l'11-3 oYsi u"x . 41- 5977' / __ �v.lwses A^I N7'SA •OA N20.04 17"W.• 807'05 02"W 291 23 _ c...n n I.o A7 5.19 110.1 -- 7.--.—V...7 0 0 Df9L��/ <,bm$T(INEO •1m1 3 _,•„ _ x;= 1,9 ax49:=1 5174V WE .x a' Oa ------ C.esa2e4 [ _-ACCESS 9 UTILITY / =635 4 se py —-- , `^ EASEMENT \ \\�Ow, ▪ st o -.4„... -......92 / abm 50a0w2B9C \e 'V"' 1.`// S-299 z▪P 2.x9 o =P / // SCALE WELD COUNTY,COLORADO / / NOTE: °fP""' BEEBE DRAW FARMS& / Y lE?EO '''''''I'? / ALL LOTS HAVE A 25 FOOT WIDE �`�'A EQUESTRIAN CENTER k, 4°.~P ��:/ DRAINAGE AND UTILITY EASEMENT , ,.K„q APPROVED FIRST FILING Di3.yr /»/ ALONG THE FRONT,SIDE,AND _ _ _ DATE 4 yin, // / BACK LOT LINES. 7.:77,....—", ,•.°.�». wa:cl No FILING PLAT 12 B 1251 NEC 02,110674 12/13/89 1011D .100.00 13/018 r 0555 MA301 1.1 revENSTEIP el..s 1.:01..Veto co,co Ayr 1es SCALE:I"+1O0' N 5C'32'21"W 5199' 3 DEG.4• .36.09'27" 2 CH.N 49•32.51"W 183 24' L.186 32' T.96 38' S ',9,, i "r,->:!..D. 4 / ,,,,E;5'6 \ 10 3 = N'5 / 1 ,..tb 4-'1 • yq 0 3 2 3 3 _, 3 _r Q N 0 --o _... OUTIAT H A II 3 3 _ move' �' ',5:-'' PROPERTY OWNER'S EQUESTRIAN N _ Nnpz2 3-- CENTERS RECREATION TRACT TOTAL 454,356 3 -: _ i MINUS OUTLOTS 2.3 423.153 3 - 3 _ N N 03.45'51"W 390.32' _ =p0 N— lo " 00�h Zp 2 -2 2` - 1�Op TA m S-299 N MATCH LINE SEE SHEET 15 •r,ok.:w.ufo.pc..o^ sCu£ WELD COUNTS.COLORADO NOTE: MIX CHECKED - BEEBE DRAW FARMS B ALL LOTS HAVE A 25 FOOT WIDE snnpvEO EQUESTRIAN CENTER DRAINAGE AND UTILITY EASEMENT a w,^^e'^P'.^^•'• FIRST FILING ALONG THE FRONT,SIDE,AND - — a'E 13 BACK LOT LINES. A P4pea NO FILING PLAT 4 ^N :..1' 5.31.13'00"W A 1251 NEL 02$0001. t//1r/Rs 1•/011 4h 24800' F 0556 MARY ANN reu.sxe MR Cunt•NBC. .rem w,CO � e / ,/ 7 WT o r",,, 5 24/ n'',/,//' / ACCESS N UTILITY ',*= --EASEMENT _._ o :, SCALE'I"=100' P v, o /N0 4 x J/ _ N 00.00'00"w 521.24 6o 0O • 00 N 3 w ,o OUTLOT 2 3o 0' 7.971 AC 2n 00 3 OD to 4, 7A P. 5 J� b ' S?,�30 5th QO M`' No 02,o' 5 DO°40 00"E 38000' S 15.14 W 0 4 OUTLOT 1IA" PROPERTY OWNER'S EQUESTRIAN CENTER 9 RECREATION TRACT TOTAL 454.356 MINUS OUTLOTS 2,3 423.153 00 h �0 P pa 2 M 4r h e4-0‘....,, ` � S -299 °Pnaw.meli.00•smo. SC4f rr°, _ie WELD COUNT 0,COLORADO SRI/_ 4,-e,, NOTE: °"'"A°M BEEBE DRAW FARMS a C ROVEIXED EQUESTRIAN CENTER siieer ALL LOTS HAVE A 25 FOOT WIDE c �.r, APPROVE. °°' '6 DRAINAGE AND UTILITY EASEMENT FIRST FILING - ALONG THE FRONT,SIDE,AND ,,,,,, WE '""` 14 4 BACK LOT LINES. Pnnecr NO e3nso' FILING PLAT 0 1251 MSc 02200071 12/13/99 10.10 5100.00 15/019 0 0557 euxs Axx 000SM.tte.a 05000 a M9COMA9M Mein 00.CO MATCH LINE SEE SHEET 13 l illi SCALE:I'•100' • to `0 13 So n. IT'525 W Hp 92 N 1 -� / \ OUTLOT A° � i 15000'N00'29'2I"w PROPERTY OWNER'S EQUESTRIAN 'N CENTER B RECREATION TRACT \ / � TOTAL 2.3 0 MINUS OUTLOTS 3 / \ 423.153 • \ \ \\ j \ \ /� i. / \ / to \ / - / N / N. -- z ACCESS a UTILITY N. EASEMENT \ N / / \\� 1 \ \'\\ I -,It e =.e9�2 I MATH /NE 5 17 / \ 9[1 \� 1 1\1�CO Sea•'s 28.10 H'M I / -- / /'\ .51°.°° / 6'0. / \ / d- �' \� AZ"4 �P /� ` S -299 o^ ‘4.44' % 4 =aO'2e'o3'/I I O 5555.5055.0;5.w0 o• - WELD COUNTY,COLORADO "50902542,5, I OUTLOT 3 $ NOTE: ,`R'X Cl4a90 BEEBE DRAW FARMS Et R 1\ \ 23 232 AC I 9�.,M1M^'*»�ma.. EQUESTRIAN CENTER ALL LOTS HAVE A 25 FOOT WIDE ANNOYED DRAINAGE AND UTILITY EASEMENT — FIRST FILING ,\,, 1 ALONG THE FRONT,SIDE,AND �ala+� EWE - \ BACK LOT LINES. PROJECT NO FILING PLAT 15, ` SE 1351 IOW 02200016 12/11/09 10,10 100.00 16/010 �.;0”.luµv AAA xeuxpap¢r..x.PAW.,O,NOCoi"99_451.0 ca,,.4.v., \7Cp ....-",..... .4 -till iPili SEE S4,FFT SCALE'I":100' I., 4f4,,,,,, '44,,,,,, SEE /2MEET/? 66 9..:s.bm3s// //// /./ 4 % 4, 2O 0 0 ,,,,,,,,r-r!',../ 4' / / N° / / .7 / OUTLOT A11 ACCESS 6 UTILITY_-- /7/� p° . N EASEMENT �- / ./ ,6 o. PROPERTY OWNER'S EQUESTRIAN / m" CENTER B RECREATION TRACT f,''/ "�°9 t3 TOTAL 454.356 e.7 24,3' MINUS OUTLOTS 2.3 423.153 '; 92 / "V/ // is9s°& �/r 6'5222. //— �` ' piDs INAA s:.556.4., /' / /// \� 4/ / \ AZ'/ I \ " � 1 I \ 667, s3 ::2sw `\ 2�690T / \ / 8/4 O/, \ /� S/1. W S-299 Y,, WELT COUNT,.COLORADO NOTE: MIX .6R0WM BEEBE DRAW FARMS B u.€«€D EQUESTRIAN CENTER ALL LOTS HAVE A 25 FOOT WIDE "o°"D"ED DRAINAGE AND UTILITY EASEMENT '"°""' "'°"'""" - FIRST FILING ALONG THE FRONT,SIDE,AND - DATE I6 BACK LOT LINES. 6+gixTw FILING PLAT 0559 Km.ANN eeuewMe10 EL 30:30 OM.R Y111.000.C0 B 1251 low,02200075 12 .00.00 e le e' .:,,. MATCH LINE SEE SHEET 15 , I cp oh.,s ze.3Z A ve - I / /\ q2 / / SCALE I 100' /�/ / 7 I63 r\— / C. G Sew 409:722w \\ OUTLOT °A° \ 1 $ PROPERTY OWNER'S EQUESTRIAN 'oa CENTER &RECREATION TRACT \ \ - TOTAL 454.356 MINUS OUTLOTS 2,3 423.153 \ \ � \ OUTLOT 3 N /7 \ 23.232 AC. ,, \ ,A,.. \\ B. �e`1 zh 'e ,e �S. R.�O9°M 3O G 9.e.eOT 06'gZZ \, 4 3I ; e A \ 3000 S 12'49 431E2---,:-:--'s---,„, 660.87 S 00°14 30'w \ Q 30.007]'.10'16•E _ ti c- -7663 5 88'49'23"E a / \m°• a / / I/ \'--2972' 512'99'39'E ...4,75 E -3000'S 77°,6.,e"W \\gam zP,'.. // s •MS 19'26 46 3-14.14' 5 12.49'56„E * °tH'Z' 6p269 _/ '7 \\ g2000 \ '/ \ A 6. // \ A2 / 2� / / b Z / / Rler \ / e ./ .yogic, \ ea .'/ \ // \ / // \\ /// /../ hry5 / "/ 9/ Sp /I !'/' °•° i , / •? I /,/ / \\ oe/j 1115959„E / , ,/ 5 `49 ID / //✓ / \\ �/ / , � 7 S -299 ,, -- /•/ p :�o,a,N2, E WELD COUNTY,COLORADO / v° °'Avn, BEEBE DRAW FARMS B M4 c„: e/ 5 NOTE: MIX PECKED EQUESTRIAN CENTER S,Nf� /'/ o" ALL LOTS HAVE A 25 FOOT WIDE ., «. „• APPROVED FIRST FILING DRAINAGE AND UTILITY EASEMENT5'''''''.' °,,,� IT•ALONG THE FRONT,SIDE,AND - - PROJECw FILING PLAT �g BACK LOT LINES. v o,2s°x xxmxoom. vuiw ioao.,,,ieo.yo ixiwx 47s 120 MO 72.011 171 0,0 67 340 6s 220 ST 41.0.66.6 562 e412 762 6037 17.13666 5506.66 6, Ware. MS 665 2.56 6. 6.6 50•Mini In 277 60•54.5. 734 GO 000 arsety st 323 n an non 66:2622:5 .7s,76 os ern.°622 627 64 326 26I 305 6 5236 C 66 33626 1rse On NG 064 14,350 262 66 27 66, „v ,... .® „« in 72.26. ..� ;71 h Ir cl ow es ow w.wasss es.„a w s3s .... „w w s ms mew mw-ws wan „sat wawa ss,ews. ws„„we zr.ww.ws ors laws rs sw*',wart .11 at ow sr.*w ass Ise sea...s ss sr ws., se.wens we,w ass.sw..moss* 3s-wsas.* sw*..*as sssa.ws „saw so*on s*sip a a.....se of �.I n „ 77.7„7.:<, .. ,...,,.. ..o.J x., =v,,b,»., . .;; .., ..x I i 1 • S-299 Mix .�.. .. ..a_.w....,.. . Is+ . 0 ... .. ...: a �▪ � P• •', 1 1 e •<[ a • ° ° _ 01 ItINION 4C/FI, —• . Y t S▪ • ° OU.yEyM1, 20 1 n J 25 30 02(E LEY F4 I c,...2„.., •, ' •r• ( • r Ens •• 2 �14• r 1 L> III\. • 1 15 j • 04.004 • • •1 • uy� • .' i25 a • ... M•• • ° .• ° I x • • i • C`�ff. 'l. l�o-rt r —yam �•% • z zI i.y ( :•a1 Q in __� . x2. ollr �> • x 303. 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I1 I to a. ••H �an ATrEViLE `. 12 n 20 2. •�� 3 2• I n 33 i . • _ r8 ®2'71 , h 3 • 1 • • ° J' - / agaa8 - ^--. `\ C � -2, • , UCY - alba o / _ /G-(-)t -' J "� /kiki' r� ;, .JC li1 �� / i>bo � "� ) t,� , - ��'1 �J pet° , ` ,, -_� G' P� '� ,__..2 / O 0ff_/Yka / / / `J / k t- ., o - ,.0 0 i; / c / 1 i � p�i i 5x � � I. -al v O , ? 50 2 i .c:--, '4030 / - _4830 ,w, �l w ,goo, ,—,,..„& � �1 u O / Ti, D _- ca /FQ 1 G - _ 006e �i _ .�1' cosy 5� _ - J 'J _ - _- J _ f , y90 '. r -_set,/,_� \ v � ,��. ^11/ ,� , ,_ of _ . o °. 1.' w i'. - ' 94, I ;Or -_SJI---_-:-\ ,,& iz-1 ii i I 2)—5----j- -- -,, ,/""_ l_--� � \�_ 1 I /�. , ,n ( !(•iz_�=H /(/ ? m ;II rH� 00 FIELD CHECK FILING NUMBER: 5-299 DATE OF INSPECTION: February 17, 1989 NAME: Beebe Draw Farms, Limited, c/o Morris Burk REQUEST: A replat of the PUD Plan, First Tiling, of Beebe Draw Farms and Equestrian Center LEGAL DESCRIPTION: A tract of land located in Sections 3, 4, 5, 8, 9, and 10, all -in TSN, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 29 and south of and adjacent to Weld County Road 38. LAND USE: N Pasture and range land E Pasture and range land S Pasture and range land W Pasture and range land ZONING: N A (Agricultural) E A (Agricultural) 8 A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 39. The subject site is located in the sandhill area. Topography is mainly rolling hills and gentle slopes. The property is used as rangeland. The Platte Valley Canal and the Evans No. 2 ditch run north to south across Outlot A into Milton Reservoir. There are approximately eleven gas or oil wells located on the subject site. The cross country jumping course and dressage and jumping area are located on the site. 9 By: 'r: (,L( Z 42r Rod Allison Principal Planner 890271 REFERRAL LIST NAME: Morris Burk CASE NUMBER: S-299 REFERRALS SENT: January 29, 1989 REFERRALS TO BE RECEIVED BY: February 17, 1989 COUNTY TOWNS and CITIES X Attorney Ault X Health Department _Brighton X -Extension Service Dacono X Emergency Management Office Eaton X Sheriff's Office Erie X Engineering _Evans Housing Authority Firestone _Airport Authority _Fort Lupton Building Inspection Frederick Garden City STATE Gilcrest X Division of Water Resources _Greeley X Geological Survey Grover _Department of Health Hudson _Highway Department _Johnstown _Historical Society Keenesburg Water Conservation Board Kersey X Oil and Gas Conservation Commission La Salle X Division of Wildlife Lochbuie FIRE DISTRICTS Longmont _Ault F-1 Mead _Berthoud F-2 Milliken _Brighton F-3 _New Raymer Dacono F-19 Nunn _Eaton F-4 Platteville _Fort Lupton F-5 Severance _Galeton F-6 Windsor _Hudson F-7 Johnstown F-8 COUNTIES X La Salle F-9 Adams _Longmont F-10 Boulder _Milliken F-11 Larimer _Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service ----Raymer _Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission _Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS X Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. Greeley_ X Panhandle Eastern Pipe Line Co. _Longmont _Tri-Area Planning Commission West Adams X School District RE-1 X Farmer's Reservoir and Irrigation COMMISSION/BOARD MEMBER X Platte Valley Canal X Ann Garrison 890271 YIELD CHECK Filing Number: S-299 Date of Inspection: . 7 / `= Applicant' s Name: Morris Burk Request: Site Specific Development Plan and a replat of the Flanned Unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center Legal Description: A tract of land located in Sections 3, 4, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado location: Land Use: N E S . ' Zoning: N Agricultural E Agricultural S Agricultural W Agricultural CO14YENTS. _ .� L H,/,97.17/7 ( / , i / ' )am % //,7 , j` 7 I(r /I'°!y ' '/:i/ //3//ZAk/ ._-/5O r'y giffq �. Signature] of Board Member FEB 2 2 1989 890271 Weld Co. Phnnint Commissioe DEPARI .,iENT OF PLANNING SERVICES (Itio , PHONE(303)356-4000 EXT.4400 eci \�,; lag f1Mr ,� i! 915 10th STREET , ' • D i aJ�i GREELEY,COLORADO 80631 ,1 y n { Yl C TNEc r '4t, ;::, T' CASE NUMBER S-299 COLORADO January 27, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Morris Burk for a site specific development plan and a replat of the Planned unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center. The tract of land is described as Sections 3, 4, 5, 8, 9, and 10 all in T3N, R6517 of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by February 17, 1989, so that we may give full consideration to your recommendation. Please call Fed Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check. the appropriate boxes below and return to our address listed above. 1. X We have reviewed this request and find that the request TX-77S S (does/does not) comply .with our Comprehensive Plan for the following reasons. �-c:;' C :CC Q 5 il2G , o� CE:L'E t�> ?;Y n '2 .l&6cv CS • !,7- .,mss -T7 15`2J _tiL�2. We do not have a Comprehensive Plan, but we feel this request 1 (is/is not) compatible with the interests of our .. ,II.- ' town for the following reasons: a — — L-2 3. We have reviewed the proposal and find no conflicts with our l I) [71- interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: •\:NCw, ' k � � Agency: The Farmers Reservoir • & Irrigation Co. O271 Date:�c Del? 7:_.2, \`Z c`=' 80 So. 27th Ave. Brighton, CO 80601 C C PANHANDLE EASTERN PIPE LINE COMPANY P.O. Box 127 Briohton, Colorado 80601 (303) 659-5922 February 4. 1989 Mr . Rod Allison Weld County Dept . of Planning Services 915 10th Street Greeley, CO. 80631 RE: Case #USR-837 Dear Mr . Allison: Please find enclosed a COpy of our as-built map , which shows -our Pipelines. 19-10-075-634-3" , 16--10-075-348-6" . 14-10-075-920-4" . 16-10--075-454-4" , 16--10-075-33-6" . 19-10-075-937-3" . 14-10-075- 987-4" . 16-10-075-482-4" , 14-10-075-618-4" . 19-10-075-589-3" . 14- 10-075-905-4" . 16-10-075-345-6" . 16-10-075-461-4" , 19-10-075-949- 3" . 19'--10-075-993-3" . 16-10-075-443-4" . 19-10-075-894-3" . 14-10- 075-616.4" . 16-10-075-349-6" . 19-10-075-635-3" . 16-10-075-346-6" . 19-10-075-590-3" . 19-10-075-380-3" . 19-10-075-921-3" . 19-10-075- 617-3" . 19-10-075-973-3" , and 16-10-075-256-4" , in the hi-liahted areas. located in the West Half of Sections 3.4, 5.8. 9.&10, Township 3 North, Range 65 West, Weld County, Colorado. We maintain a 50-foot wide right-of-way on all pipelines and will not allow any building within that easement area. The owner or developer shall have the right to construct and maintain utility lines. streets. sidewalks, and driveways, which may be installed at approximate right angles to the pipeline herein authorized. provided . however , that all utilities cross under our pipeline and maintain 18 inches clearance from our pipeline. No paved or traveled portion of any street , sidewalk, driveway, road. parking area. alley or -curbing will be placed substantially parallel to and within fifteen ( 15' ) of the pipeline. In the event of a proposed crossing with a road or utility. please contact Utility Notification Center of Colorado (UNCC) at 534-6700 (Local & Metro Denver) . or 1--800-922-1987 (Outside the Metro area) , with two (2) business days notice. and at no cost to you. we will locate and mark our lines to eliminate accidents that can occur from foreign forces. 890271 If for anv reasoi( ,ur lines must be moved. i( yi l l be at the expense of the developer or the person or persons asking for this movement . If additional information is needed. please call me at 659-5922. ext . 241 . or direct at 654-9241 . Sincerely. X124Y Ken J. Neff Ri csht-of-Wav Representative 0434r/KNL JFEB7 1989 Meld Cu. O11IN I5::1au 890271 HI rnEMORSnDu , FFP, 191,9 CO Weld County Planning February 6, 1989 To Date• Environmental Protection Services � COLORADO From t r'�7.) ✓�Yl e t Case Number: S-299 Name: )Burk,)Morris Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. A plan for controlling fly vectors, odors, manure and other possible nuisances shall be reviewed and approved by the Health Department prior to completion of the public accommodations at the facility. 2. No permanent disposal of wastes shall be permitted at this site. 3. The septic system for the proposed clubhouse facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 4. Fugitive dust must be confined on this site. 5. Weld County Septic Permits are required for the proposed residential homes and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. Public restrooms may he required for the indoor and outdoor arenas, depending upon the number of individuals and type of usage. Any public assemblage will require public restroom facilities. EPS/dgc 890271 7.--- s t 1‘ WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT 1\r PHONE (303) 356-400Q Ex r. 4250 H_ PO. Box 75 GREELEY, COLORADO 80632 CP 4. COLORADO TO: Department of Planning Services, Rod Allison FROM: Office of Emergency Management, Ed Herring 1,sA DATE: 020689 REF: S-299 A swimming pool is proposed for this property. A common chemical at a swimming pool is chlorine. Per SARA Title III Chlorine, CAS#7782-50-5, is a regulated chemical at a quanity of 10 pounds. Chlorine is a threshold planning quantity when it reaches 100 pounds or more. There may be other chemicals used at this pool that may be regulated chemicals. The only way to know is to check the chemicals against the SARA Title III list. There are no problems with the proposal. This is only one point they will want to consider when the pool is being planned and built. /n rIL D'( 3dRa�1C/' T FFR 1 ;l 1989 I LLI,_____ — t HIG ch. fthi,auq oimuhi % iJl 890271 DEPART =NT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 ..., 915 10th STREET i� � , GREELEY, COLORADO 80631 fl � v It.*:': I. , 4,. CASE NUMBER S-299 • COLORADO January 27, 1989 TC WHOM IT MAY CONCERN: Enclosed is an application from Morris Burk for a site specific development plan and a replat of the Planned unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center. The tract of land is described as Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by February 17, 1989, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal. Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. r 4. A formal recommendation is under consider c CY&w 7h bmitted to you prior to: , , rt8 171989 �� ( �I 3. Please re er to the enclosed lette di --gyp L, Signed. gency: . &1{iig! ganiZial Date: Z —,/.5-- S / 890271 -{ YO 1 -i 4 '- _v N,,,9'':r s -;,,, / s , 'd ,✓ d.:. / ✓,. . as ..y ;1,4' tiny Tgli� Tli February 6, 1989 �1 FEB 9 1989)7C:0 — Mr. Rod Allison, Principal Planner I Weld County Planning Department �� ----___, 915 10th Street Weld Co. Planet Cernmfssion Greeley, Colorado 80631 Mr. Allison, I have reviewed the plot plan submitted by Morris Burk concerning the replat of the Beebe Draw Farms and Equestrian Center. I have the following recommendations concerning the fire hydrant locations. These recommendations are based on the fact that a fire hydrant will flow a grater volume of water if it is attached to a main water supply line and not a smaller dead end line. First of all there is a computer error on two of the hydrants, the hydrant located on lot # 111 should be moved to lot # 109 and the second one is located on lot # 95 it should be moved to lot # 96. The following is the La Salle Fire District recommendations for moving 5 hydrants to achieve a better water flow at each hydrant. Move the following hydrants: 1 ) From lot # 49 to lot # 57 2) From lot # 68 to lot # 73 3) From lot # 103 to the corner of lot # 103 4) From lot # 171 to the corner of lot # 171 5) From lot # 188 to lot # 187 The La Salle Fire Protection District began sending recommendations to your office on November -8, 1984 concerning the first filing of the Beebe Draw Farms and Equestrian Center. I would hope that all of our previous recommendations will be complied with in this replat proposal. If you have any questions concerning our previous correspondence please let me know and I will be glad to forward copies of them to your office. Thank you for this opportunity to comment on this proposal. Sincerely, 7 taut arandau, Fire Marshal La Salle Fire Department 118 MAIN STREET JO. BOX 414 LA SALLE, COLORADO 80645 890271 DEPART? NT OF PLANNING SERVICES (` \ PHONE(303)356-4000 EXT.4400 $ 915 10th STREET ADMe� GREELEY,COLORADO 80631 • I !? t CASE =PER S-299 COLORADO January 27, 1989 TO F,HOM IT MAY CONCERN: Enclosed is an application from Morris Burk for a site specific development -plan and a replat of the Planned unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center. The tract of land is described as Sections 3, 4, 5, 8, 9, and 10 all in T3N, 8656" of the 6th P.M. , Weld County, Colorado. The location of the parcel of land fcr which this application has been submitted is east and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by February 17, 1989, so that we may give full consideration to your recommendation. Please call Red Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of cur town for the following reasons: _ 3.A We have reviewed the proposal and find no conflicts with cur interests. 4. A formal recommendation is under cons l u�6 'C �W "Li submitted to you prior to: ( r 5.c leasrIe er to the enclosed letter. FEB 3 1989 ! Signed: o�.: R' n + --Agency ; i7 ! G' r' , r, Date: 21 l e7 890271 k STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor February 7 , 1989 Mr . Rod Allison, Principal Planner Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Case Number S-299 Dear Mr . Allison: We have reviewed subject application and since there are a number of wells in the proposed area I would like to make some comments for your consideration. There are currently fifty existing wells within the six sections being considered under the plan. he have enclosed a copy of our location plat showing the location, name and operators of these wells . The wells are identified as either oil or gas; however, the producing formation is not shown. This information can be furnished if it would be of interest to you or assist in your evaluation of the proposed plan. Since we have long maintained that sub-division development and oil and gas activity can coexist, when properly planned and regulated, it is encouraging to see someone in the sub-division development industry who agrees with us . Apparently the developer has already worked with the active oil and gas operators and I would assume that the cost of the additional requirements, such as the buffering and screening under paragraph 12 & 28, for existing wells has already been worked out between the affected parties . With respect to the "Oil and Gas Production Facilities in the PUD" document included with the application information sent to us, I think for the most part it is well thought out; however , it may not be comprehensive enough. Since each paragraph covers a unique part of the operation, I will respond to each separately. I think the spacing 890271 limitations in the first paragraph, while more restrictive than our current rules, would be acceptable if all parties of interest agree to them initially. I would presume that the entire second paragraph has been agreed to by the oil and gas operators . The developer should be aware of the fact that one of the most frequent complaints we receive where oil and gas activities are in the proximity of residences is with regard to traffic . Often these complaints are from persons who have a problem with a particular company, often unrelated to the operation at the particular location for which the complaint is filed; but, they must still be handled . I think the third paragraph will prevent a lot of misunderstanding in the future; however, it leaves one question unanswered . What happens if an agreement can not be reached? I hope the above is responsive to your request . If further information or explanation of any of the above comments would be helpful , please let me know. Also, if a meeting with the subdivider relating to our rules and regulations would be of further assistance, we would be glad to participate. Yours very truly, William R. Smith, P . E . Director WRS/clk b395C cc: Amoco Production Co . Basin Exploration Inc . Coors Energy Company Union Pacific Resources Co . Vessels Oil & Gas Co . - z - F E B 1 3 1989 UU- NINu.1g1t ='^uJiS. 890271 DEPAR i , TENT OF PLANNING SERVICES ( l PHONE PL3)ANNING 356-4000 VIEX ES ,,.., r 400 915 10th STREET \ GREELEY,COLORADO 80631 y� 'y y� IIIR J J � fJ ijL 1, F' f it pp 1. ` i/ '��i a :!� W r tr, :,:r., At ... c „ck i yr, 1I, I'LL 1 7 �( p L, 4 r.,. I CASE NUMBER S-299 COLORADO LA IV iihni o:/: ,�• .:or January 27, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Morris Burk for a site specific development plan and a replat of the Planned unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center. The tract of land is described as Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land fcr which this application has been submitted is east and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by February 17, 1989, so that we may give full consideration to your recommendation. Please call Fed Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: _ 3. ✓ We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will he submitted to you prior to: • 5. Please refer to the enclosed letter. // Signed: Agency: Crile t-S. caw. Date: — - 890271 • PLATTE TE ALLEY S0 S. 27th Avenue SOIL CONSERVATION Brighton , CO 80601 DISTRICT Telephone : 659-7004 Tsruary i7 , '915 10th tr«:et Oase 11:m'.er • ear r . r = e - _ . em.m.•.r s :i: tnis • . . a-.. . c -i . r•. _ r. _ -;ner ; . , . 3 apt i ..o t`'+ i •p:. . . - on . Ci. -^e - i .at• ma : 0ts 5a , 54, 55, and . '.i C : Jn,. ! .. . 'y . - ..n fi.T_ ,.-ten -here ! s ,. r.: y type sr7res shout ,, Pe r:.ept out . t nis areas , and sPecia . lv The Cooperative Agreement , s w • rh the i a'_'T Val i ey Eo I +:.•nEer•.:at i o _ . s , +: t of Tries F . L, inserVaT! o I •. rv ! ce . 4 Ccr:servat ! on Plan was r r?par+:c In SeptemPer 1985. A copy is attached . 6gf/64(c...,' a-67,41 :: : '. e A�bet .. ='res i e:-r PP_PWT, • FEB 2 i 1989 11 CO, Piaitii X 4Qn(iilisniair 890271 ro 1 a t ( DEPAFt TENT OF PLANNING SERVICES 1,sPHONE(303)356-4000 EXT.4400 ` 915 10th STREET } 144 GREELEY,COLORADO 80631 T t- y,._ 4, �t. ' 5+" t 4 ' e t,„ CASE laTDER S-299 COLORADO January 27, 1989 TO 14HOM IT MAY CONCERN: Enclosed is an application from Morris Burk for a site specific development plan and a replat of the Planned unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center. The tract of land is described as Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65k of the 6th P.M. , Weld County, Colorado. The location of the parcel of land fcr which this application has been submitted is east and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by February 17 , 1989, so that we may give full consideration to your recommendation. Please call Pod Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the app-ropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does Tot) comply with our Comprehensive Plan for the following reasons. 2. Y We do not have a Comprehensive Plan, but we feel this request r= a7 ,5 ,fir (is/is not) compatible with the interests of our el te F -M diueLASMKitewn for the following reasons: 00 n extrL, T S� 4,I-t+fe�,at_c�r�/,ll!r✓r��cJJ.r.1�� T,.A-�L4n rt—, 7—/2 —PT Pa Aur--/✓Qf cz S±LI Ato,V#d4 c /�.�Wfr[Jt , _ 2' 1 sJ 3. We have reviewed the proposal and find no conflicts with our wa sl interests. 4. A formal recommendation is under consideration and will he It :7 submitted to you prior to: 5. Please refer enclosed letter. ,y caddy, ,/ Signed: Agency: v'� £C!7N/r.I' Date: / - 3) --17 890271 au :; a 1s99' , DEPAFr .INT OF PLANNING SERVICES r_,, ,, f. “s PHONE(303)356-4000 EXT.4400 9` O ORth S 3T GREELEY, COLORADO 80631 lj ? alF I U,tiT,BER S-299 COLORADO i,! � \ ' LQ FEB 1989 , January 27, 1989 ijEtcI Iii;. �'isiq;Er,!; +sit?rtii tL"41! TC WHOM IT MAY CONCERN: Enclosed is an application from Morris Burk for a site specific development plan and a replat of the Planned unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center. The tract of land is described as Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by February 17, 1989, so that we may give full consideration to your recommendation. Please call Rcd Allison, Principal Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will he submitted to you prior to: 5. Please refer to the enclosed letter. Signed: 41) Agency: aiem (;„r, _ IFF Date: Oz 3�g / 890271 • ( )l1'0114.inkt&--ell-0k\( - � � of•/cc jo ]IT((J �� 'o WE-89-0006 ° WE-84-0013 ROY R. ROMER '� .7;7, " '��' 't JOHN W. ROLD GOVERNOR # �F' DIRECTOR s /876 4 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING- 1313 SHERMAN STREET DENVER, COLORADO 80203-PHONE(303)866-2611 January 31 , 1989 Mr. Rod Allison Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Allison: RE: BEEBE DRAW FARMS (REPLAT) We have reviewed the proposed replat of Beebe Draw Farms. We reviewed the original application in October and November of 1984. We see nothing in this application that would cause us to revise our original recommendations. Sincerely, 7. (['j it cf.-cam L,L.4ti Candace L. Jochim Engineering Geologist vjr:CLJ-89-056 4293/14 II i�LIFFR 3 1989 _ GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE Ha Cu. "Si".. ,. 890271 SURROUNDING PROPERTY OWNERS OR OWNER ND LESSEES OF MINERALS S-259 Morris Burk - Beebe Drawn Farms State of Colorado c/o Beebe Draw Farms, Ltd. , Suite 2706 Denver, CC 80202 Aristocrat Angus Ranch 9053 Weld County Road 34 Platteville, CO 80651 Farmer's Reservoir min Irrigation Co. 80 South 27th Avenue Brighton, CO 80621 Heirs of Donald J. Moser Route 1 Box 151 La Salle, CC 80645 J. J. and Anna Wardell 18253 Weld County Road 32 Platteville, CO 80651 Aristocrat Angus Ranch Ben Houston, General Partner Route 2, Box 76-A Platteville, CO 80651 Upland Industries Corporation P.O. Box 2500 Broomfield, CO 80020 United States of America BLM — Nrotheast Resource Area 10200 West 44th Avenue Wheatridge, CO 80033 Union Pacific Resources Company P.O. Box 1257 Englewood, CO 80150 A-W Oil and Gas, Inc. 600 Travis Street, Suite 6850 Houston, TX 77002 A—W Oil and Gas Company 600 South Cherry, #1220 Denver, CO 80222 Amoco Production Company P.O. Box 591 Tulsa, OK 74102 890271 ( ( CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #5-299 for Morris Burk in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 27th day of January, 1989. 7 TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WIT': WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, March 7, 1989, at 1 :30 p.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: S-299 APPLICANT: Norris Burk REQUEST: Site Specific Development Plan and a replat of the ilarned Unit Development plan, First Filing of Beebe Draw Farms and Equestrian Center LEGAL: A Tract of land located in Sections 3, 4, 5, 8, 9, and 10 all in T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION East and adjacent to Weld County Road 39 and south and adjacent to Weld County Road 38 For more information call Rod Allison, Principal Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 890271 c Affidavit of PubLication STATE OF COLORADO - County of Weld ss. I A Winkler Rickel of said County of Weld being duly sworn,say that I am publisher of PLATTEVILLE HERALD February 1, 1989 N-3 Page 3 that, the same is a weekly newspaper of general circulation was printed and published in the town of NOTICE OF PUBLIC HEARING PLATTEVILLE The Weld County Planning in said county and state that the notice of advertisement, of which Commission will hold a public the annexed Is a true copy has been published in said weekly hearing on Tuesday, March 7, 1989, at 1:30 p.m.for the purpose newspaper for of considering a Site Specific ' Development Plan and a replat of (T�c�MQ consecutive weeks: the Planned Unit Development Plan, First Filing of Beebe Draw every that the notice was published in the regular and entire issue of Center Farms and Equestrian Center for -number of said newspaper during the period and time of publication the property described below. of said notice and in the newspaper proper and not in a supplement Approval of the request may ere. thereof:that the first publication of said notice was contained in the ate a vested property right pur- issue f said newspaper bearing the date of suant to Colorado Law. ((pp -APPLICANT: Morris Burk_ A.D.,19 3/ and the last publication _LEGAL DESCRIPTION: A tract P of land located in Section 3, 4, 5, thereof,in the i99n said newspaper,bearing date. 8, 9, and 10 all in T3N, R65W of the 6th P.M., Weld County, Colorado the I itt day of TYPE AND INTENSITY 0 F '�1/JIµM ylji_ ��q PROPOSED USE' Rapist of the 19'1/. that the said Planned Unit Development Plan, First Filing of Beebe pray_Farma and_Equestrian Center PLATTEVILLE HERALD LOCATION: East and adjacent to Weld County Road 39 and has been published continuously and uninterruptedly during the south and adjacent to Weld period of at least fifty-two consecutive weeks next prior to the first County Road 3a issue thereof containing said notice or advertisement above referred -SIZE: 1,163 acres, more or leas to: and that said newspaper was at the time of each of the The public hearing will be held publications of said notice duly qualified for that purpose within the In the Weld County meaning of an act entitled. "An Act Concerning Legal Notices, FirsCommissioners'lr, Hearing Room, First Floor, Weld County Advertisements and Publications and the-Fees of Printers and - Centennial Center, 915 Tenth H. Publishers thereof. and to Repeal all Acts and Parts-s(Acts In / - Street, Greeley, Colorado. Conflict with the Provisions of this Act"apprpved April 7, 19'21.and, - Comments or objections related all amendments thereof.'and particularly-as amended by an ant to the above request -should be - approved.Marcli/30.,19-234 and an actapproved May 1311$91: / A/ / /� // mt I writing to the Weld a ,/„1 -,/ � /� ,-//r \ / , n - County Department of P Services,subited 9,5 Tenth Street,la Roomnning `�✓ 1 I Publisher342, before Greeley, Colorado 80631, / 'fir befo the above date or pre- i Subs ibeid and sworn to before me this_day of sensed at the public hearing on A D 19 y% March T, 1989. VX_ Copies al the application an available for public Inspection in the Department el Planning ,.---- s1-)a..----..--4Count Services, Room 342, W•I el No Public County Centennial Center, 915 ' ECMNotary enth Street, Greeley, Colorado LUPTO PRESS 80631. Phone 356-4000, Ext. , AIR Flaunt Awe 4400. - Fort Lipton,CO150621 Bud Hellderson, Chairman Weld County Planning Commission My commission expires June 1992 My Commission expires June 30, 1992 890271 DEPART ENT OF PLANt4ING SERVICES PHONE(303)356-4000FXT.4400 i, , ( 915 10th STREET ; (1/ pit Awl �� GREELEY,COLORADO 80631 J .: iti• L .Z. . C. • COLORADO March 27, 1989 Mr. Morris Burk Beebe Draw Farms, Ltd. 1551 Larimer Street, Suite 2706 Denver, CO 80202 Re: S-299 - Request for a site specific development plan and a replat of the Planned Unit Development Plan, First Filing of Beebe Draw Farms and Equestrian Center on a tract of land described as Sections 3, 4, 5, 8, 9, and 10 all in T3M, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Burk: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with Weld County -Utilities Coordinating Committee for Thursday, February 9, 1989, at 10 :00 a.m. , in Room 339, Weld County Centennial Center, and with the Weld County Planning Commission on Tuesday, March 7, 1989, at 1 :30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance at both meetings to answer any questions the Utilities Coordinating Committee and the Planning Commission members might have with respect to your application. It is the responsibility of an applicant to see that a sign is Tosted on the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to February 24, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than February 26, 1989. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department cf Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. 89O271 Mr. Morris Burk January 27, 1989 Page 2 If you have any questions concerning this matter, please feel free to call re. Respectfully, l� � 3— Rod Allison Principal Planner RA:rg 890271 Lawcija Beebe Draw Farms 1551 Larimer,Suite 2706 Denver, Cobrado 80202 (303)620-0967 March 8, 1989 Judy L. Schmidt Supervisor Health Protection Service Weld County Health Department 1516 Hospital Road Greeley, CO 80631 Re: Replat of First Filing, Beebe Draw Farms Case S-299 Dear Judy: Per our conference of March 7 , the following is a statement of our plans regarding the comments of your memorandum of February 6 , 1989 : 1. The controlling of fly vectors, odors and manure must be divided into two categories : (a) The control of horses and stables in individual lots is covered in the covenants and restrictions, a copy of which we left with you with the applicable sections highlighted. (b) The control of the common areas and green belts will be the responsibility of the property owners association. The equestrian center, where any problems would be most concentra- ted, has been successfully controlled for the past four years by the following procedures : 1. Manure from the outdoor stalls used during events is collected after the event and is spread on the cross country courses ( four of approximately two miles each) . 2 . The development has a Bean fogger that operates off of the PTO of a tractor, and it is used at each event to spray several times a day for mosquitoes and flies. This has proven very successful . 2. Regarding the public restroom requirements: (a) The indoor arena, which. will have the biggest concen- tration of people , will not be built until the second phase 890271 bond issue in two or three years. When it is designed and built it will have toilet facilities in accordance with Weld County regulations. (b) For the remainder of the equestrian facilities that cover several hundred acres, there are several events each summer that utilize different facilities in different areas. We have been operating very satisfactorily for the past four summers by using a number of porta johns furnished and serviced by Slim' s Sanitation for each event. The units are placed where the people will be concentrated for that particular event. These usually run either two or three days and involve four or five locations . It is not feasible to build permanent facili- ties at all of these locations because of interference with the operations of these events. 3. Road construction and maintenance will be the responsibility of the Metropolitan District, and will be provided through the use of tax funds. Dust control on all roads is part of the required program in the approved service plan, so that fugitive dust will be controlled on this site. 4 . The club house facility is being designed now and is to be built in the first phase and has men' s and women' s toilet facilities on each floor. The septic system will be designed by a Colorado registered professional engineer according to the Weld County Indi- vidual Sewage Disposal regulations. I hope that this adequately addresses your questions. Please call if there is any other information that you require. Sincerely, Be e Dr w Farms, Ltd. Morris Burk, General Partner MB/em cc: id Allison Mike Thomas o Mi 6y Ni r�t�/1 ,( MAR 1 0 1989 2 Held Cu roc ., 890271 PLANNED 11NL: PEVELGPn :1T PLAN APPLICATION Depurt7:ent of Planning Scr;ices, 915 - l0th Street . Cret2lev, Colorado PHONE: 35d-4QCt3 1:.t. 4�IJt3 FOR PLANNING LNG D1:PART:IENT USE Ot;LY: -. CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT CO. APPL. CHECKED 13Y TO BE COMPLETED by APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Replat of First Filing of Beebe Draw Farms and Equestrain Center. Revisions to previously recorded First Filing; recorded April 12, 1988 in Book 1192 as • Reception No. 2137453. See Attached Survey Plat and Legal Description (If additional space is required, attach an additional sheet of this same size.) Replat of the First Filing of NAME OF PROPOSED P.U.D. SUBDIVISION Beebe Draw Farms and Equestrian Center EXISTING ZONING PUD PROPOSED ZONING PUD TOTAL AREA (ACRES) 1163.786 NO. OF PROPOSED LOTS 188 LOT SIZE: AVERAGE 2.437 acres MINIMUM 1.52 acres UTILITIES: WATER: NAME Central Weld County Water District SEWER: NAME Individual Septic Systems GAS: NAME Propane PHONE: NAME D.S. West. Greeley Branch DISTRICTS: SCHOOL: NAME RE-1 Gilcrest FIRE: NAME Lasalle Fire District DESIGNERS' NAME ARIX, a division of Versar ADDRESS P,0. Box 2021_ Greeley. CO PHONE 356-3930 ENGINEERS' NAME ARIX, a division of Versar ADDRESS P.O. Box 2021, Greeley, CO PHONE 356-3930 FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME Beebe Draw Farms, Ltd. , a Colorado Limited Partnership ADDRESS 1551 Larimer, Suite 2706, Denver, CO 80202 PHONE 620)-0977 . . NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals' and/or plans submitted with or contained within th;'s application are true and correct to the best of my knowledge. EEAdF �RA'.J F MS 1��0 CITY AND DENVER y r �s Sur Ge r�l Partner / COUNTY OF WELB / ) • STATE OF COLORADO ) i Ifr nil-) 1 1 60444At pad rm a Signature: Owner of Authorized Agent Subscribed and sworn to before me this 20th day of January , 1989 . SEAL `.L1 'G�`LC c1. (71 . �,x,tai_i.1 �7 P v.2 . . J :I, co-.., S/27/89 s ..un c::� .,es . .Lu 890271 REPLAT OF BEEBE DRAW FARMS AND EQUESTRIAN CENTER sST FILING LEGAL DESCRIPTION A tract of land located in Sections 3 , 4, 5, 8 , 9, and 10, Township 3 North, Range 65 West of the Sixth Principal Meridan, Weld County, Colorado, being more particularly described as follows: Commencing at the Northwest Corner of said Section _8 and considering the west line of said Section 8 to bear South 00 09' 35" East with all bearings herein relative thereto; Thence along said west line of Section 8, S 00 09' 35" E, 206. 16' to the True Point of Beginning; Thence N 89 50' 25" E, 200.00' ; Thence N 86 32 ' 30" E, 1532 .88 ' ; Thence S 72 28 ' 11" E, 508. 22 ' ; Thence N 38 50' 00" E, 331. 13 ' ; Thence S 68 53 ' 10" E, 450. 00' ; Thence 81.40 along the arc of a curve to the right, having a central angle of 20 43 ' 40" , radius of 225. 00' and a long chord that bears N 31 28 ' 40" E, 80.95' ; Thence N 41 50' 30" E, 235. 00' ; Thence S 48 09' 30" E, 225. 00' ; Thence 361. 80' along the arc of a curve to the right, having a central angle of 21 01' 08" , a radius of 986.23 , and a long chord that bears N 37 38 ' 56" E, 359 .77' ; Thence N 74 02 ' 57" E, 850. 00' ; Thence S 46 08 ' 35" E, 1117 . 27 ' ; Thence N 65 33 ' 04" E, 266.94' ; Thence 511.92 ' along the arc of a curve to the left, having a central angle of 28 09' 58' , a radius of 1041. 35, and a long chord that bears N 51 28 ' 05" E, 506.78' ; Thence N 37 23 ' 06" E, 366. 72' ; Thence 1260. 10' along the arc of a curve to the right, having a central angle of 63 15' 26", a radius of 1141. 35, and a long chord that bears N 69 00' 49" E, 1197 . 07 ' ; Thence S 79 21' 28" E, 1713 .22 ' ; Thence 1111. 39 ' along the arc of a curve to the left, having a central angle of 37 10' 28" , a radius of 1712 .95, and a long chord that bears N 82 03' 18" E, 1092 . 00' ; 890271 Thence N 63 28' 04" E, 701. 29' to a point on the east boundary of a tract of land described in Exhibit 'B' , Book 1068, Reception No. 02008614 of the Weld County Record; Thence along said east boundary of said tract of land by the following 23 courses: 1 - N 10 11' 15" W, 60. 10' ; 2 - N 11 06' 14" W, 50. 00' ; 3 - N 10 11' 15" W, 50. 01' ; 4 - N 09 43' 45" W, 50. 02 ' ; 5 - N 09 16' 18" W, 50. 04 ' ; 5 - N 11 47' 29" W, 50. 00' ; 7 - N 15 27' 08" W, 50. 12 ' ; 8 - N 17 02 ' 45" W, 100.46' ; 9 - S 88 04 ' 22" W, 8 . 11' ; 10 - N 55 06' 47" W, 68.88 ' ; 11 - N 28 02 ' 02" W, 24 . 62 ' ; 12 - N 01 59 ' 49" E, 64 .86' ; 13 - N 24 17' 59" W, 51.56' ; 14 - N 34 33 ' 13" W, 50. 12' ; 15 - N 38 26' 37" W, 50. 00' ; 16 - N 42 33 ' 43" W, 50.13 ' ; 17 - N 61 52 ' 04" W, 76.22 ' ; 18 - N 89 17' 02" E, 139. 17' ; 19 - N 03 45' 51" W, 390. 32 ' ; 20 - N 70 52 ' 01" W, 116. 11' ; 21 - N 72 17 ' 16" W, 122 . 30' ; 22 - N 55 39 ' 25" W, 181. 68' ; 23 - N 31 18 ' 35" W, 1063 . 87' ; Thence S 58 31' 52" W, 117 .39 ' to a point on the centerline of the Platte Valley Canal; Thence along the centerline of the Platte Valley Canal as recorded in Book 1068 , Reception No. 02008616 of the Weld County Records, by the following 3 courses: 890271 1 - Thence 186. 32 ' along the arc of a curve to the left, having a central angle of 36 09' 27" , a radius of 295.24 ' ; and a long chord that bears N 49 32 ' 51" W, 183 . 24' ; 2 - Thence N 67 37' 31" W, 82 . 76' ; 3 - Thence N 50 32 ' 21" W, 51. 99' ; Thence N 89 31' 39" E, 2111.76' ; Thence N 17 52 ' 53" W, 380.92 ' ; Thence N 89 31' 39" E, 337.87 feet; Thence N 00 28' 21" W, 150. 00 feet; Thence N 89 31' 39" E, 1867. 95 feet; Thence S 00 14 ' 30" W, 680.87 feet; Thence S 88 49' 23" E, 78. 63 feet; Thence S 12 49 ' 39" E, 29 .72 feet; Thence S 77 10' 18" W, 30. 00 feet; Thence S 12 49 ' 43" E, 30. 00 feet; Thence N 77 10' 18" E, 30. 00 feet; Thence S 12 49 ' 56" E, 14 . 14 feet; Thence S 19 28' 28" E, 608.59 feet; Thence S 43 52 ' 15" E, 959 . 19 feet; Thence S 11 49' 10" E, 159. 59 feet; Thence S 60 06' 36" E, 1097.85 feet; Thence S 22 11' 13" E, 2189 . 07 feet; Thence S 17 55' 41" W, 814. 01 feet to a point on the north line of a tract of land described as Parcel "A" in Book 1068 under Reception No. 02008614 of the Weld County Records; Thence along said north line by the following 5 courses: 1 - S 38 04 ' 26" W, 66.71 feet; 2 - S 70 24' 28" W, 210. 50 feet; 3 - N 65 42 ' 40" W, 1366. 02 feet; 4 - N 44 48' 50" W, 1115. 90 feet; 5 - S 71 20' 00" W, 138. 07 feet; Thence then continuing S 71 20' 00" W, 540.58 feet; Thence S 43 34 ' 00" E, 318 . 00 feet; 890271 Thence S 16 14 ' 00" E, 175. 00 feet; Thence S 00 40' 00" E, 380.00 feet; Thence S 27 02 ' 02" W, 73 . 00 feet; Thence N 65 16' 00" W, 155.00 feet; Thence N 56 09' 00" W, 462 .00 feet; Thence N 68 59' 00" W, 256. 00 feet; Thence S 31 13 ' 00" W, 248. 00 feet; Thence S 80 26' 00" W, 196.00 feet; Thence N 65 07' 00" W, 214.52 feet to a point on the east boundary of a tract of land described in Exhibit 'A' , Book 1068, Reception No. 02008614 of the Weld County Records; Thence along said east boundary by the following 13 courses: 1 - N 29 11' 51" W, 43 . 34 feet 2 - N 35 35' 04" W, 285. 27 feet 3 - N 69 49' 46" W, 52 . 20 feet; 4 - N 34 41' 43" W, 94 .87 feet; 5 - N 40 48' 08" E, 154 . 56 feet; 6 - N 72 48' 51" E, 101.53 feet; 7 - N 31 54 ' 29" E, 62 .43 feet; 8 - N 17 31' 32" E, 59 .77 feet; 9 - N 20 04 ' 17" W, 110.72 feet; 10 - N 07 06' 02" W, 291.23 feet; 11 - N 11 50' 01" W, 107.28 feet; 12 - N 33 54' 04" W, 150.60 feet; 13 - N 07 02 ' 17" W, 163 . 23 feet to a point on the east boundary of a tract of land described in Exhibit 'B' , Book 1068, Reception No 02008614 of the Weld County Records; Thence along said east boundary, and along the northerly and a portion of the westerly boundary of said tract of land by the following 26 courses: 1 - N 36 47' 35" E, 143 . 90 feet; 2 - N 57 06' 34" W, 102 . 50 feet; 3 - N 65 59 ' 14" W, 50. 60 feet; 4 - N 69 22 ' 13" W, 50. 23 feet; 5 - N 71 52 ' 38" W, 50. 07 feet; 890271. 6 - N 74 30' 37" W, 50. 00 feet; 7 - N 77 01' 49" W, 50. 04 feet; 8 - N 79 52 ' 59" W, 50. 19 feet; 9 - N 78 58' 20" W, 50. 13 feet; 10 - N 77 22 ' 24" W, 50. 05 feet; 11 - N 75 18' 44" W, 50. 00 feet; 12 - N 73 56' 14" W, 50.01 feet; 13 - N 75 59' 59" W, 50. 01 feet; 14 - N 78 03 ' 33" W, 50. 08 feet; 15 - -N 77 49 ' 51" W, 50. 07 feet; 16 - N 78 30' 57" W, 50. 10 feet; 17 - N 88 50' 24" W, 75. 38 feet; 18 - N 27 27' 03" W, 114.80 feet to a point on the south line of said Section 3 ; 19 - N 27 27' 03" W, 64 . 51 feet; 20 - N 38 44 ' 16" W, 50. 00 feet to a point on the east line of said Section 4; 21 - N 38 44' 16" W, 20. 57 feet; 22 - N 37 14 ' 56" W, 50. 03 feet; 23 - N 38 51' 09" W, 50. 00 feet; 24 - Thence N 39 46' 09" W, 50. 00' ; 25 - Thence N 38 18' 17" W, 5.22 ' ; 26 - Thence S 63 28 ' 03" W, 689. 60' ; Thence 1176.27' along the arc of a curve to the left, having a central angle of 37 10' 28", a radius of 1812 .95, and a long chord that bears S 82 03 ' 18" W, 1155. 75' ; Thence N 79 21' 28" W, 1713 .22 ' ; Thence 1149 . 69 ' along the arc of a curve to the left, having a central angle of 63 15' 26", a radius of 1041. 35' , and a long chord that bears S 69 00' 49" W, 1092 . 19' ; Thence S 37 23 ' 06" W, 211.72 ' ; Thence S 52 36' 54" E, 357 . 78 ' ; Thence S 34 55' 56" E, 423 .91' ; 890271 Thence S 20 56' 25" E, 650. 00' ; Thence S 23 33 ' 38" E, 293 .98' ; Thence S 31 19 ' 19" E, 302 . 66' ; Thence S 41 32 ' 24" E, 327. 37' ; Thence S 06 35' 57" E, 425. 17' ; Thence S 12 04' 51" E, 380.70' ; Thence S 00 16' 43" W, 348. 60' ; Thence S 17 17' 09" E, 207.35' ; Thence S 72 26' 31" E, 54. 60' ; Thence S 42 24 ' 27" E, 646.46' ; Thence S 89 37' 55" E, 91. 83 ' ; Thence S 00 22 ' 04" W, 495. 00' ; Thence N 89 41' 05" E, 50. 00' ; Thence S 00 22 ' 03" W, 470. 01' ; Thence S 89 41' 05" W, 398. 67' ; Thence N 75 25' 39" W, 450.00' ; Thence N 79 40' 14" W, 400. 00' ; Thence N 62 09' 50" W, 450. 00' ; Thence N 37 13 ' 43" W, 1250. 00' ; Thence N 88 16' 34" W, 170.52 ' ; Thence S 13 54 ' 57" E, 1387 .81' ; Thence N 78 20' 53" W, 391. 38' ; Thence N 87 32 ' 47" W, 399.71' ; Thence S 85 40' 29" W, 507.75' ; Thence S 35 22 ' 14" W, 150.48 ' ; Thence N 54 37 ' 46" W, 70. 54 ' ; Thence 588.44 ' along the arc of a curve to the left, having a central angle of 26 11' 26" , a radius of 1121. 67' , and a long chord that bears N 67 43 ' 29" W, 553 . 59' ; Thence N 80 49 ' 12" W, 169 . 63 ' ; Thence 380. 60' along the arc of a curve to the right, having a central 890271 angle of 21 56' 45", a radius of 993 . 66, and a long ct..,rd that bears N 69 50' 50" W, 378 . 28' ; Thence S 32 48' 49" W, 257 . 46' ; Thence S 83 33 ' 14" W, 694 . 12 ' ; Thence N 46 59 ' 23" W, 1326. 17' ; Thence S 55 46' 07" W, 97. 84' ; Thence N 46 50' 08" W, 749. 19' ; Thence N 16 50' 00" E, 153 .47' ; Thence N 73 10' 00" W, 888.38' ; Thence N 00 09' 35" W, 3090.78' to the True Point of Beginning. Said tract contains 1163 .786 acres more or less. 890271 `\ P0LIC'Y Q;F TITLE, f NSU RANGE Issued By Transamerica Title Insurance Company i — .ry,'ri>'''iIC .r Sld-4'41 4Y�a. .a2 ..''',-,•--2-1-- a ti- r ft xa:, ..A•.�,-,�_ w. 5'�' rr..> ;L'w n`-�,`M"+�:rAr..=w`r+...LTi'F.s+ 'r;:1C.�r�'� SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN f SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company,insures, as of Date of Policy shown in Schedule A, against loss or damage,not exceeding the Amount of Insurance in Schedule A,sustained or incurred-by the insured by reason-of: ,,, r"' ,,, ti.,.,, 2...........• ...w.'40,ih.. `� a��.+.r-yr��+ 'x.:a.+1/ ��*7 1.Title to the estate or interest described in'Schedule A b EA vested oth.er.than as stated therein; 2.Any defect in or lien or encumbrance on the title;irk- qiii,3. Unmarketability of the title; t:. - F, -r' - 7% cw' s.. 4. Lack of a right of access to and from the land.vzi - �Aw l: u.: F..1 pi. - 4.;-4.; . The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only to the extent provided in the Condition s and'Stiipuulations. :' tv in Witness Whereof,Transamerica Title Insurance Co pany has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy'shown in Schedule A. c; J • Transamerica Title Insurance Company ' slp By ,"r . , c^� �. President 14:":"::::618y -�.t= Secretary ;1�% sue'�`� . n,c 890271 tAULU;:iUN5 t-HUM COVEHAGE The following matters are expressly ex'-' ded from the coverage of this policy and " ?.Company will not pay loss or dam- age, costs, attorneys'fees or expense. ,rich arise by reason of: 1. (a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy, use,or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance result- ing from a violation or alleged violation affecting the land has been-recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has - been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior-to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. • 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known-to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by-this policy. •CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS, - as unmarketable.If prompt notice shall not be given to the Company,then The following terms when used in this policy mean: as to the insured all liability of the Company shall terminate with regard (a)"insured":the insured named in Schedule A,and,subject to any to the matter or matters for which prompt notice is required; provided, rights or defenses the Company would have had against the named however,that failure to notify the Company shall in no case prejudice the insured,those who succeed to the interest of the named insured by oper- rights of any insured under this policy unless the Company shall be prej- ation of law as distinguished from purchase including,but not limited to, udiced by the failure and then only to the extent of the prejudice. heirs, distributees. devisees, survivors, personal representatives, next 4- DEFENSE AND PROSECUTION OF ACTIONS; of kin,or corporate or fiduciary successors. DUTY OF INSURED CLAIMANT TO COOPERATE. (b)"insured claimant":an insured claiming loss or damage. (c)"knowledge"or"known":actual knowledge,not constructive knowl- (a)Upon written request by the insured and subject to the options con- edge or.notice which may be imputed to an insured by reason of the pub- • tained in Section 6 of these Conditions and Stipulations,the Company, lic records as defined in this policy or any other records which impart ' at its own cost and without unreasonable delay, shall provide for the constructive notice of matters affecting the land. defense of an insured in litigation in which any third party asserts a claim (d)"land":the land described or referred to in Schedule A,and improve- adverse to the title or interest as insured, but only as to those stated ments affixed thereto which by law constitute real property.The term causes of action alleging a defect,lien or encumbrance or other matter land"does not include any property beyond the lines of the area described insured against by this policy.The Company shall have the right to select or referred to in Schedule A,nor any right,title,interest,estate or ease- counsel of its choice(subject to the right of the insured to object for rea- ment in abutting streets,roads,avenues,alleys,lanes,ways or waterways, sonable cause)to represent the insured as to those stated causes of but nothing herein shall modify or limit the extent to which a right of action and shall not be liable for and will not pay the fees of any other access to and from the land is insured by this policy. counsel.The Company will not pay any fees,costs or expenses incurred (e)"mortgage":mortgage,deed of trust,trust deed,or other security by the insured in the defense of those causes of action which allege mat- instrument. ters not insured against by this policy. (f)"public records":records established under state statutes at Date (b)The Company shall have the right,at its own cost,to institute and of Policy for the purpose of imparting constructive notice of matters relat- Prosecute any action or proceeding or to do any other act which in its ing to real property to purchasers for value and without knowledge.With opinion may be necessary or desirable to establish the title to the estate respect to Section 1(a)(iv) of the Exclusions From Coverage, "public or interest, as insured, or to prevent or reduce loss or damage to the records"shall also include environmental protection liens filed in the insured.The Company may take any appropriate action under the terms records of the clerk of the United States district court for the district in ' of this policy,whether or not it shall be liable hereunder,and shall not - which the land is located. thereby concede liability or waive any provision of this policy.If the Corn- - (g)"unmarketability of the title":an alleged or apparent matter affect- pany shall exercise its rights under this paragraph,it shall do so diligently ing the title to the land,not excluded or excepted from coverage,which (c)Whenever the Company shall have brought an action or interposed would entitle a purchaser of the estate or interest described in Sched- • a defense as required or permitted by the provisions of this policy,the ule A to be released from the obligation to purchase by virtue of a con- Company may pursue any litigation to final determination by a court of tractual condition requiring the delivery of marketable title. competent jurisdiction and expressly reserves the right,in its sole 2. CONTINUATION OF INSURANCE dis- cretion,to appeal from any adverse judgment or order AFTER CONTINUATION OF S OF TITLE. (d)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding,the The coverage of this policy shall continue in force as of Date of Policy insured shall secure to the Company the right to so prosecute or provide in favor of an insured only so long as the insured retains an estate or inter- defense in the action or proceeding,and all appeals therein,and permit est En the land,or holds an indebtedness secured by a purchase money the Company to use,at its option,the name of the insured for this pur- mortgage given by a purchaser from the insured,or only so long as the pose.Whenever requested by the Company,the insured,at the Compa- insured shall have liability by reason of covenants of warranty made by ny's expense,shall give the Company all reasonable aid(i)in any action th::•insured in any transfer or conveyance of the estate or interest.This or proceeding,securing evidence,obtaining witnesses,prosecuting or policy shall not continue in force in favor of any purchaser from the defending the action or proceeding,or effecting settlement,and(ii)in insured of either(i)an estate or interest in the land,or(ii)an indebted- any other lawful act which in the opinion of the Company may be neces- ness secured by a purchase money mortgage given to the insured. sary or desirable to establish the title to the estate or interest as insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. If the Company is prejudiced by the failure of the insured to furnish the The insured shall noti an required cooperation, the Company's obligations to the insured under ty the Com p y promptly in writing(i)in case of the policy shall terminate,including any liability or obligation to defend, any litigation as set forth in Section 4(a) below, (ii) in case knowledge prosecute,or continue any litigation,with regard to the matter or mat- shall come to an insured hereunder of any claim of title or interest which ters requiring such cooperation. is adverse to the title to the estate or interest,as insured,and which might cause loss or_damage for which the Company may be liable by virtue of 5. PROOF OF LOSS OR DAMAGE. this policy,or(iii)if title to the estate or interest,as insured,is rejected In addition to and after the notices required under Section 3 of these Continued on Inside Back Cover - f 890271 SCHEDULE A - Amount of Insurance : $700 ,000 . 00 Policy No. : $027346 Date of Policy November 1 , 1988 Order No . : Same 7 : 00 A.M. 1 . Name of Insured: BEEBE DRAW FARMS , LTD. , a Limited Partnership 2 . The estate or interest in the land described herein and which is covered by this policy is : BEEBE DRAW FARMS , LTD . , a Colorado Limited Partnership, as Assignee of Certificate of Purchase recorded July 26 , 1984 in Book 1038 as Reception No. 1975458 , under Assignment recorded August 16 , 1988 in Book 1205 as Reception No . 2151603 , as to Section 16 , Township 3 North, Range b5 West of the 6th P.M. ; and BEEBE DRAW FARMS , LTD. , a Colorado Limited Partnership, as to balance of subject property. 3 . Tha Estate or interest referred to herein is at Date of Policy vested in: BEEBE DRAW FARMS , LTD. , - a Limited Partnership NOTE: Fee title to Section 16 , Township 3 North, Range 65 West a-f the 6th P . M. , at the date hereof is vested in THE STATE OF COLORADO. 890271 SCHEDULE A - Continued The land referred to in this policy is situated in the State of Colorado, County of Weld, and is described as follows : PARCEL 1 : Those portion 9f Sections 3 , 4 , 5 , 8 , 9 and 10 , Township 3 North, Range 65 West of the 6th P .M. , platted as BEEB£ DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING under Revised Plat and Dedication thereof recorded April 12 , 1988 in Book 1192 as Reception _No. 2137453 . EXCEPT Lots 13 , 14 , 15 and 16 of said BEEB£ DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING. PARCEL 2 : A tract of land located in Sections 3 , 4, 5 , 8 , 9, 10 , 15 , 16 and 17 , Township 3 North, Range B5 West of the 6th P .M. , Weld County, Colorado, being more particularly described as follows : BEGINNING at the Southeast Corner of said Section 16 and considering the South line of said Section 16 to bear S 89' 27 ' 03 " W with all bearings herein being relative thereto; thence along the South line of said Section 16 , S 89' 27 ' 03 " 14, 5139 . 13 feet to the Southeast Corner of said Section 17; thence along the South line of said Section 17 , S 89' 33 ' 00" W, 5328 . 46 feet to the Southwest Corner of said Section 17; thence along the -West line of said Section 17 , N 00' 29 ' 57" W, 5259 . 91 feet to the Northwest Corner of said Section 17; _ thence along the West line of said Section_ 8,_ N_00 '09 ' 35"_W, _ 5292 .39 feet to the Northwest Corner of said Section 8; thence along the West line of said Section 5 , N 00' 24 ' 57" W, 3981 . 69 feet to the Southwest Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of said North Half of the Northwest Quarter of Section 5 N 89' 44 ' 30" E, 2631 . 54 feet to the Southeast Corner of the North Half of the Northwest Quarter of said Section 5; thence along the South line of the Northwest Quarter of the Northeast Quarter of said Section 5 N 89' 44 ' 27" E, 1331 . 69 feet to the Southeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the East line of the Northwest Quarter of the Northeast Quarter of said Section 5 N 00 ' 38 ' 12" W, 1325 . 38 feet to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 5; thence along the North line of said Section 5 , N 89' 40 ' 15 " £, 1333 . 51 feet to the Northeast Corner of said Section 5; thence along the North line of said Section 4 , N 89 ' 35 ' 05 " E, PAGE 2 8027346 830 1 3438 . 49 feet to the Point of Intersection of the North line of said Section 4 with the centerline of the Platte Valley Canal; thence S 40 '04 ' 03" E, 16 . 81 feet; thence along the centerline of the Platte Valley Canal as - recorded in Book 1068 , Reception No . 02008616 of the Weld County Records , by the following 25 courses : 1- S 10 ' 09 ' 07" W, 45 . 49 feet; 2- S 27 ' 01 ' 47" W, 281 . 98 feet; 3- S 35 ' 02 ' 43" W, 129 . 95 feet; 4- S 46 ' 24 ' 26" W, 113 . 95 feet; 5- S 67 ' 56 ' 02 " W, 114 . 41 feet; 6- 158 . 51 feet along the arc of a curve to the left, having - a central angle of 43 ' 14 ' 52" and a radius of 210 . 00 feet; and a long chord that bears S 46 ' 18 ' 36" W, 154 . 78 feet; 7- S 24 ' 41 ' 10" W, 39 . 72 feet; 8- 258 . 45 feet along the arc of a curve to the left, having a central angle of 68 ' 10 ' 08" and a radius of 217 . 23 feet, and a long chord that bears S 09' 23 ' 54" E, 243 . 48 feet; 9- S 43 ' 28 ' 58" E, 159 . 97 feet; 10- 69 . 50 feet along the arc of a curve to the right, having a central angle of 48 ' 38" 11 " , and a radius of 81 . 88 feet, and a long chord that bears S 19' 09 ' 53" E, 67 . 43 feet; 11- S 05 ' 09 ' 12" W, 19 . 20 feet; 12- 117 . 95 feet along the arc of a curve to the right, having a central angle of 25 ' 54 ' 10" , and a radius of 206 . 90 feet, and a long chord that nears S 18 '06 ' 17" W, 116 . 95 feet; 13- S 31 ' 03 ' 22" W, 130 . 58 feet; 14- S 09' 40 ' 40" W, 95 . 26 feet; 15- S 03 ' 11 ' 43" - E, 116 . 07 feet; 16- 114 . 85 feet along the arc of a--curve to the left, having a central angle of 36' 30 ' 36" , and a radius of 180 . 24 feet, and a long chord that bears S 21 ' 27 ' 01 " E, 112 . 92 feet; 17- S 39' 42 ' 18" E, 116 . 57 feet; - 18- 90 . 93 feet along the arc of a curve to the left, having a central angle of 45' 22 ' 31" , and a radius of 114 . 82 feet, and a long chord that bears S 62' 23 ' 34" E, 88 . 57 feet; - 19- S 85 ' 04 ' 50" E, 170 . 71 feet; 20- 151 . 01 feet-along the arc of a curve to the right, having a central angle of 68' 29 ' 30" and a radius of 126 . 33 feet, and a long chord that bears S 50' 50 ' 04" E, 142 . 18 feet; 21- S 16' 35 ' 19" E, 120 . 95 feet; 22- 196 . 66 feet along the arc of a curve to the right, having a central angle of 25 ' 35 ' 07" and a radius of 440 . 41 feet, and a long chord that bears S 03 ' 47 ' 46" E, 195 .04 feet; 23- S 08 ' 59 ' 48" W, 101 . 24 feet; 24- 251 . 82 feet along the arc of a curve to the left, having a central angle of 59' 32 ' 10" , a radius of 242 . 34 feet, and a long chord that bears S 20 ' 46 ' 16" E, 240 . 64 feet; PAGE 3 890271027346 25- S 50 ' 32 ' 21 " E, 97 . 59 feet; thence N 89 ' 31 ' 39" E, 2111. 76 feet; thence N 17' 52 ' 53 " W, 380 . 92 feet; thence N 89' 31 ' 39" E, 337 . 87 feet; . _ thence N 00 ' 28 ' 21 " W, 1-50 . 00 feet; thence N 89 ' 31 ' 39" E, 1867 .-95 feet; thence S 0D ' 14 ' 30" W, 680 . 87 feet; thence S 88 ' 49 ' 23 " E, 78 . 63 feet; thence S 12 ' 49 ' 39" E, 29 . 72 feet; thence S 77' 10 ' 18" W, 30 .00 feet; thence S 12 ' 49 ' 43" E, 30 . 00 feet; thence N 77 ' 10 ' 18" E, 30 . 00 feet; thence S 12 ' 49 ' 56" E, 14 . 14 feet; thence S 19 ' 28 ' 28" E, 608 . 59 feet; thence S 43 ' 52 ' 15" E, 959 . 19 feet; thence S 11 ' 49 ' 10" E, 159 . 59 feet; thence S 60' 06 ' 36" E, 1097 . 85 feet; thence S 22' 11 ' 13 " E, 2189 . 07 _feet; thence S 17 ' 55 ' 41 " W, 814 . 01 feet to a point on the North line of a tract of land described as Parcel "A" in Book 1068 under - Reception No. 02008614 of the Weld County Records; thence along said North line by the following 5 courses : 1- S 38 ' 04 ' 26" W, 66 . 71 feet; 2- S 70 ' 24 ' 28" , 210 . 50 feet; 3- N 65 ' 42 ' 40" W, 1366 . 02 feet; . 4- N 44 ' 48 ' 50" W, 1115 . 90 feet; 5- S 71 ' 20 ' 00" W, 138 . 08 feet; thence S 71 ' 20 ' 00" W, 540 . 88 feet; thence S 43' 34 ' 00" E, 318 . 00 feet; thence S 16' 14 ' 00" E, 175 . 00 feet; thence S 00' 40 ' 00" E, 380 . 00 feet; thence S 27 ' 02 ' 02" W, 73 . 00 feet; thence N 65 ' 16 ' 00" W, 155 . 00 feet; - thence N 56 ' 09 ' 00" W, 462 . 00 feet; thence N 68 ' 59 ' 00" W, 256 . 00 feet; thence S 31 ' 13 ' 00" -W, 248 . 00 feet; thence S 80' 26 ' 00" W, 196 . 00 feet; thence N 65' 07 ' 00" W, 214 . 52 feet to a point on the East - - boundary, of a tract of land described in Exhibit "A" , Book 1068 , Reception No. 02008614 of the Weld County Records; thence along said East boundary by the following 13 courses : 1- N 29 ' 11 ' 51 " W, 43 . 34 feet; 2- N 35 ' 35 ' 04"-W, 285 . 27 feet; 3- N 69' 49 ' 46" W, 52 . 20 feet; 4- N 34 ' 41 ' 43" W, 94 . 87 feet; 5- N 40' 48 ' 08" E, 154 . 56 feet; 6- N 72 ' 48 ' 51" E, 101 . 53 feet; 7- N 31 ' 54 ' 29" E, 62 . 43 feet; 8- N 17 ' 31 ' 32" E, 59 . 77 feet; 9- N 20' 04 ' 17" W, 110 . 72 feet; 10- N 07 ' 06 ' 02" W, 291 . 23 feet; 11- N 11 ' 50 ' 01 " W, 1137 . 28 feet; 12- N 33 ' 54 ' 04 " W, 150 . 60 feet; 13- N 07 ' 02 ' 17" W, 163 . 23 feet to a point on the East boundary of a tract of land described in Exhibit "B" , Book 1068 , PAGE 4 8027346 AXr^, Reception No . 02008614 of the Weld County Records; thence along said East boundary, and along the Northerly and a portion of the Westerly boundary of said tract of land by the following 56 courses : 1- N 36 ' 47 ' 35" E, 143 . 90 feet; - 2- N 57 ' 06 ' 34" W, 102 . 50 feet; 3- N 65 ' 59 ' 14" W, 50 . 60 feet; 4- N 69' 22 ' 13 " W, 50 . 23 feet; 5- N 71 ' 52 ' 38" W, 50 .07 feet; 6- N 74 ' 30 ' 37" W, 50 . 00 feet; 7- N 77 ' 01 ' 49" W, 50 .04 feet; 8- N 79' 52 ' 59" W, 50 . 19 feet; 9- N 78' 58 ' 20" W, 50 . 13 feet; 10- N 77' 22 ' 24" W, 50 . 05 feet; 11- N 75 ' 18 ' 44" W, 50 . 00 feet; 12- N 73 ' 56 ' 14 " W, 50 . 01 feet; 13- N 75' 59 ' 59" W, 50 . 01 feet; 14- N 78 ' 03 ' 33" W, 50 .08 feet; 15- N 77' 49 ' 51 " W, 50 . 07 feet; 16- N 78 ' 30 ' 57" W, 50 . 10 feet; 17- N 88 ' 50 ' 24" W, 75 . 38 feet; 18- N 27 ' 27 ' 03" W, 144 . 80 feet to a point on the South line of said Section 3; 19- _N 27 ' 27 ' 03 " W, 64 . 51 feet; 20- N 36 ' 44 ' 16" W, 50 . 00 feet to .a point on the East line of said Section 4; 21- N 38 ' 44 ' 16" W, 20 . 57 feet; 22- N 37' 14 ' 55" W, 50 . 03 feet; 23- N 38 ' 51 ' 09" W, 50 . 00 feet; 24- N 39' 46 ' 09" W, 50 . 00 feet; 25- N 38 ' 18 ' 17" W, 39 . 87 feet; 26- N 11 ' 21 ' 47" W, 28 . 76 feet; 27- N 10' 11 ' 15" W, 100 . 03 feet; :.28- N 11 ' 06 ' 14" W, 30 . 00 feet; 29- N 10' 11 ' 15" W, 50 . 01 feet; _ - . .- 30- 11-09143 ' 45" 14, 50 . 02 feet; - 31- N 09 ' 16 ' 18" -W, 50 .04 feet; 32- N 11 ' 47 ' 29" 14, 50 . 00 feet; 33- N 15' 27 ' 08" W, 50 . 12 feet; 34- N 17' 02 ' 45" W, 100 . 46 feet; 35- N 88'04 ' 22" W, 8 . 11 feet; 36- N 55'06 ' 47" W, 68 . 88 feet; 37- N 28 '02 ' 02"-W, 24 . 62 feet; 38- N 01 ' 59 ' 49" E, 64 . 86 feet; 39- N 24' 17 ' 59" W, 51 . 56 feet; 40- N 34' 33 ' 13" W, 50 . 12 feet; 41- N 38 ' 26 ' 37" W, 50 . 00 feet; 42- _N 42' 33 ' 43 " W, 50 . 13 feet; 43- N 61 ' 52 ' 04" W, 76 . 22 feet; 44- N 89' 17 ' 02" E, 139 . 17 feet; 45- N 03 ' 45 ' 51 " W, 390 . 32 feet; 46- N 70' 52 ' 01 " W, 116 . 11 feet; 47- N 72 ' 17 ' 16" W, 122 . 30 feet; 48- N 55 ' 39 ' 25" W, 181 .68 feet; 49- N 31 ' 18 ' 35" W, 1063 . 87 feet; PAGE 5 890271 - 8027346 50- S 58 ' 31 ' 52" W, 57 . 39 feet; 51- S 31 ' 28 ' 08 " E, 492 . 16 feet; 52- S 30 ' 42 ' 10" E, 31 . 11 feet; 53- S 10 ' 25 ' 09" E, 63 . 38 feet; 54- 68 . 62 feet along the arc of a curve to the left, having a central angle of 23 ' 19 ' 57" , a radius of 168 . 50 feet, and a long chord that bears South 22' 05 ' 08" E, 68 . 14 feet; 55- S 33 ' 45 ' 06" E, 92 . 28 feet; 56- S 38 ' 27 ' 03" E, 30 . 14 feet; thence S 51 ' 32 ' 58" W, 98 .00 feet to a point on the West boundary of a tract of land described in Exhibit "A" , Book 1068 , Reception No. 02008614 of the Weld County Records; thence along said West boundary by the following 58 courses : 1- S 00 ' 23 ' 32" E, 177 . 92 feet; 2- S 10 ' 18 ' 17" E, 78 . 26 feet; 3- S 30 ' 46 ' 13 " E, 152 . 46 feet; 4- S 47' 56 ' 08" E, 110 . 45 feet; 5- S 64' 54 ' 59" E, 51 . 89 feet; b- S 33' 41 ' 24" E, 43 . 27 feet; 7- S 65' 27 ' 44" E, 50 . 57 feet; - 8- S 19' 58 ' 59"_E, "58 . 52 feet; 9- -N 72 ' 38 ' 46" W, 16 . 76 feet; 10- N 30' 27 '56" W, 39: 45 feet; 11- S 66' 48 ' 05" W, 53 . 31 feet; 12- S 37 ' 58 ' 18" W, 52 .01 feet; 13- S 01 ' 53 ' 36" W, 121 . 07 feet; 14- S 19' 17 ' 24" W, 63 . 57 feet; 15- S 06'08 ' 48" W, 65 . 38 feet; 16- S 33' 32 ' 10" E, 103 . 17 feet; 17- S 55 ' 05 ' 51 " E, 52 . 43 feet; 18- S 76 ' 52 ' 47" E, 136 . 57 feet; 19- S 67' 47 ' 47" E, 52 . 92 feet; • 20- S 31 ' 54 ' 29" E, 62 . 43 feet; 21- S 12' 12 ' 02" E, 75 . 71 feet; 22- S 15' 36 ' 40" E, 70 . 60 feet; 23- S 00' 46 ' 46" E, 147 . 01 feet; - - --- 24- S 40'38 ' 56" E, 130 . 48 feet; 25- S 04 ' 53 ' 57" E, 70 . 26 feet; 26- S 24' 20 ' 28" W, 46 . 10 feet; 27- S 13' 34 ' 14" E, 59 . 67 feet; 28- S 35 ' 26 ' 24" E, 118 . 59 feet to a point on the South line of said Section 4; 29- S 35 ' 26 ' 24"-E, 17 . 65 feet; 30- S 49' 59 ' 37" E, 73 . 11 feet; 31- S 83 ' 07 ' 06" E, 58 . 42 feet; 32- S 65 ' 05 ' 43" E, 92 . 61 feet; 33- S 58' 24 ' 46 " £, 69 . 35 feet; 34- S 36 ' 36 ' 25" E, 43 . 60 feet; 35- S 24'34 ' 02" E, 38 . 48 feet; 36- S 40 ' 21 ' 52" E, 105 . 00 feet; 37- S 63 ' 26 ' 06" E, 36 . 45 feet to a point on the East line of said Section 9; 38- S 63 ' 26 ' 06" E , 37 . 34 feet; 39- S 10 ' 42 ' 47" E, 112 . 97 feet; 40- S 35 ' 26 ' 45" E, 144 . 84 feet; PAGE 6 890271 8027346 41- S 52 ' 48 ' 55" E, 145 . 60 feet; 42- S 67 ' 46 ' 30" E, 100 . 46 feet; 43- S 53 ' 14 ' 47" E, 98 . 60 feet; 44- S 36' 35 ' 28" E, 82 . 20 feet; 45- S 28 ' 18 ' 03 " E, 59 . 06 feet;46- S 52' 31 ' 26" W, 37 . 80 feet; 47- S 30' 03 ' 16" W, 183 . 70 feet; 48- S 04 ' 58 ' 11 " E, 46 . 17 feet; • 49- S 25 ' 58 ' 28" W, 86 . 76 feet; - 50- S 06' 03 ' 15" E, 66 . 37 feet; 51- S 25' 51 ' 59" E, 110 . 02 feet; 52- S 07' 28 ' 51 " W, 99 . 85 feet; 53- S 31 ' 16 ' 29" E, 157 . 95 feet; 54- S 18 ' 26 ' 06" E, 139 . 14 feet; - 55- S 40' 20 ' 48" £, 122 . 02 feet; 56- S 24' 26 ' 38 " £, 48 . 33 feet; 57- S 04 ' 21 '25" E, 105 . 30 feet; 58- S 29 ' 30 ' 41" E, 174 . 35 feet to a point on the East . boundary of a tract of land described in Book 1068, Reception No. 02008615 of the Weld County Records; _ thence along said East boundary by the following - - ._", ._ '... . 6 courses : 1- S 37' 11 ' 26" E, 96 . 99 feet; 2- S 52 ' 03 ' 11" E, 69 . 68 feet; • 3- S 55 ' 31 ' 12" E, 148 . 65 feet; - 4- S 16' 11 ' 37" E, 13893 feet; 5- S 42' 52 ' 31 " E, 177 . 69 feet; 6- S 25 ' 09 ' 42" E, 48 . 21 feet; thence S 25 ' 09 ' 43" E, 106 . 90 feet; - thence S 24' 47 ' 31" E, 180 . 70 feet; thence S 36 ' 43 ' 59" E, 146 . 03 feet; thence S 25 ' 08 ' 23 " W, 111 . 15 feet; thence S 02 ' 01 '55" E, 227 . 19 feet; thence S 27 '01 ' 04" E, 93 .92 feet; thence S 13' 36 ' 48" E, 101 . 13 feet; - . . thence S 24 ' 32 ' 47"._ E, 116 . 37 . €eet; __ _ __ _ ___ _ thence S 06' 37 ' 27" E, 234 . 27 feet; -. thence S 07' 03 ' 43" W, 151 . 41 feet; thence S 14 ' 47 ' 42" W, 113 . 31 feet; thence S 05 ' 07 ' 42" W, 157 . 19 feet; thence S 17' 56 ' 2-6" W, 90 .47 feet; fl thence S 42' 18 ' 14" W, 134 . 52 feet; thence S 19' 19 ' 41 " W, 268 .66 feet; thence S 30' 21 ' 06" W, 184 . 39 feet; thence S 51 ' 40 ' 58" W, 105 . 15 feet; thence S 79' 43 ' 10" W, 714 . 61 feet; thence S 24 ' 52 ' 12" W, 224 . 67 feet; thence S 07 ' 13 ' 57" E, 10 . 72 feet to a point on the North Line of said Section 15; thence along said North line of Section 15 N 89' 28 ' 21 " E, 64 .09 feet; thence S 00' 41 ' 51" E , 5264 . 17 feet to a point on the South line of said Section 15 ; thence along said South line of said Section 15 S 89 ' 48 ' 56" W, 358 . 01 feet to the TRUE POINT OF BEGINNING; PAGE 7 8027346 890271 EXCEPT that portion thereof platted as BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING under Revised Plat and Dedication recorded April 12, 1988 in Book 1192 as Reception No. 2137453 . _.1 • • • PAGE 8 8027346 • 890271 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 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 surveyand 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 due and payable; and any tax, special assessments , charge or lien imposed for water or sewer service, or for any other special taxing district. 6 . Rights of way for county roads 30 feet wide on each side of Section and Township lines as established by Order of the Board of County Commissioners for for Weld County, recorded October 14 , 18-89 in Book - 86 at Page 273 . 7 . Reservations of ( 1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of the United States, in U. S . _ —_ Patent _recordedAugust 4, 1909 in Book 132 at Page 252 affecting __ the SW 1/4 of Section YD . PAGE 9 890271 8027346 8 . Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded February - 20 , 1918 in Book 460 at Page 46 affecting the W 1/2 of Section 8; recorded May 18, 1925 in Book 668 at Page 170 affecting the E 1/2 of Section 8; recorded November 9, 1911 in Book 346 at Page 318 affecting the N 1/2 , NW 1/4 , N 1/2 , NE 1/4 of Section 4; recorded January 23 , 1914 in Book 385 at page 587 affecting the . . W 1/2 SE 1/4 , S 1/2 NE 1/4 of Section 4; recorded March 26 , 1919 -: in Book 511 at Page 348 affecting the SW 1/4 of Section 4; recorded March 2,1920 in Book 507 at Page 573 affecting the S 1/2 NW 1/4 _ - of Section 4; recorded June 4 , 1927 in Book 668 at Page 245 affecting the W 1/2 NW 1/4, SE 1/4 -NW 1/4, SW 1/4 NE 1/4 of Section 10; recorded June 4, 1922 in Book 668 at Page 246 affecting the E 1/2 SE 1/4 of Section 4 and recorded February 28, 1941 in Book 1075 at Page 317 affecting the E 1/2 NE 1/4, NW 1/4 NE 1/4, NE . 1/4 NW 1/4 of Section 10 . 9 . All coal in the lands so granted and to it or persons authorized _ by it to prospect for, mine and remove coal from the same, as . reserved in United States Patent recorded January 23 , 1914 in Book 385 at Page 587 . ... • (Affects W 1/2 SE 1/4 and S 1/2 NE 1/4 of Section 4) 10 . - Reservations made by the Union Pacific Railway Company in Deed r - recorded November 13 ,1918 in Book 77 at page 354, providing = n substantially as follows :Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive • right to prospect and mine for same, also such right of way and - other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same, and any interests therein or - rights thereunder. (Affects Section 3) 11 . Reservations by the Union___Pacific Company of (1 ) all oil, _ coal and other minerals underlying subject property, (2) the , exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, _-zy; -. _ all as contained in Deeds recorded as follows Recorded January 18, 1911 in Book 320 at Page 47 as Reception _No 163143 (affects Section 5) ; recorded October 22 , 1908 in Book 233 at Page 179 as Reception No. 133296 (affects Section 9) ; recorded February 9 , 1910 in Book 233 at Page 293 as Reception No. 151363 (affects Section 17) ; recorded September 9, 1907 in Book 233 at Page 111 as Reception No. 122574 (affects Section 15) and any interests therein or rights thereunder. 12 . All coal and other minerals as reserved in United States Patent recorded June 4 , 1927 in Book 668 at Page 246 and any interests therein or rights thereunder. (Affects E 1/2 SE 1/4 Section 4) PAGE 10 8027346 890211 13 . All oil and gas as reserved in United States Patent recorded June 4 , 1-927 in Book 668 at Page 245 , and any interests therein or rights thereunder. (Affects W 1/2 NW 1/4 , SE 1/4 NW 1/4 and SW 1/4 NE 1/4 Section 10 ) _ y 14 . The right to construct, operate and maintain over, ,upon :or across said land such canals , ditches , laterals and water waysof :such . dimensions and capacities as may be required for the proper irrigation of other lands now owned by the first party, together ;- , with the right of ingress and egress alon 4 4 4 g, ' upon; ,over,"`_to and -- from said canals , ditches , laterals and waterways and the right to The Farmers Reservoir and Irrigation Company, 'its successors , grantees or assigns of ingress and egress over and ,upon'_said_land to and from Milton Lake , as contained in Deed from Chicago :Title and Trust Company as Trustee, to R. W. Bailey recorded January 25 , 1922 in Book 655 at Page 293 under Reception No.' 372892 (Affects Section 15) 15 . Terms and conditions as contained in the Deed from ,Chicago -,Title .:�, and Trust Company, as Trustee to R W.` Bailey; recardedJune 2 * 1922 in Book 655 at Page 502, as -follows The party of the second part hereby releases the saidChicago._Title and Trust Company, as Trustee and The Farmers Reservoir -and Irrigation Company from any claim for damages of every_kind -andt . character by reason of seepage, percolation and overflow on said land from the system of the said Farmers Company. (Affects the SW 1/4 of Section 10) 16 . The right to construct, operate and maintain over, upon .or across said land such canals , ditches , laterals and water ways _of ,such dimensions and capacities as may be required for the proper irrigation of other lands now owned by the first party,"together ," with the right of ingress and egress along, upon, over,q,to and r from said canals, ditches, laterals and waterways and the right -- of ingress and egress to, over, from and across _said_land._to-,Mi.lton Lake, as reserved in Deed from Chicago Title and Trust 'Company, _.„ as Trustee, to R.W. Bailey recorded June ' 2,- 1922 in ,Book -655 at Page 502, under Reception No. 382359 _ (Affects SW 1/4 Section 10) 17 . Easement and right of way for waste ditch purposes_as _.granted to - The Platte .Palley Irrigation Company, a Corporation, by W.L Carroll , in the instrument recorded December 17 , 1931 `in"Book 925 at Page 378 under Reception No. 635789, affecting the following described property: _-- Beginning at the Northeast corner of said Section 4; thence West on the North line of said Section, a distance of 1032 feet, more or less , to the East bank of the "Evans Ditch No. 2" as now constructed; thence South 40 feet; thence East on a line parallel to the North line of said Section, and 40 feet South thereof, to the East line of said Section; thence North on the East line of said Section 40 feet to the Point of Beginning. PAGE 11 8902118027346 1-8 . Terms , agreements , provisions , conditions and obligations as contained in Agreement pertaining to the use and occupancy of the - lands adjoining Milton Lake and the Platte Valley Canal, between William L. Carroll and The Farmers Reservoir and Irrigation Company, -� recorded June 9, 1934 in Book -961 at Page 223 . . 1 (Affects Sections 4 , 9 and 10) 19 . Oil and gas lease between Henry D. Bohlender, ' et al and Hal A. ' :. McVey recorded March 11 , 1970 in Book 622 as Reception No. 1543718 and any interests therein or rights thereunder. NOTE: Extension of the above Leases as claimed by affidavit, pursuant to 1973 Colorado Revised Statutes, 38-42-106, recorded by Tom Vessels on June 11 ,-:1975 as Reception No. 1662523 . NOTE: Extension of the above Lease as ,claimed by affidavit, pursuant to 1973 Colorado Revised Statutes,-•38-42-106 , recorded by Machii-Ross Petroleum Co.'"on June `2, 1980 - in Book 904 as Reception No. =1826271 - - (Affects Section 3 , Section 4, Section 8, " S 1/2 lying NW of Milton Reservoir, Section 10) -- , . 20 . Terms , agreements, provisions , conditions and obligations as r contained in Surface Owner ' s Agreement between Bohlender Brothers , a Partnership and Champlin Petroleum Company, recorded December z 23 , 1971 in Book 659 as Reception No. 1580759 . (Affects W 1/2 Section 15) • PAGE 12 8_027346 890271 21 . Easement and right of way for pipeline purposes granted to Panhandle Eastern Pipe Line Company, a Delaware Corporation by Aristocrat Angus Ranch, a Partnership, by instrument recorded November 14, 1975 in Book 753 as Reception No. 1674539, affecting the following _ described property: That part of Section 5 , 4 and 3 , Township 3 North, Range 65 West and Section 34, Township 4 North, Range 65 West, more particularly described as a strip of land 50 . 00 feet in width, the centerline of which is described as follows : • - Beginning at a point on the North line of said Section 5, - said point being N 90 ' 00 ' 00" W on an assumed bearing a distance of -374 . 85 • feet from the Northeast corner of said Section 5; thence S 44 ' 59 ' 02" -E for a distance of 106 .04 feet to a point; thence N 90'00 '.00"_ :, £ and running approximately 75 . 00 feet South of and parallel to -- the North line of said Section 5 for a distance of 300 . 99 feet - to a point on the East line of said Section 5, which is also the West line of said Section 4 , said point being S 00 '00 ' 00" E a distance of 75 . 00 feet from the Northwest corner of said Section 4; thence N 90 '00 ' 00" E and continuing said 75 . 00 feet parallel for a .distance of 5288 . 88 feet to a point on the East line of said Section 4 ,-which is also the West line of said Section 3 ,-said point being S 00' 00 ' 00" E a distance of 75 .00 feet from the Northwest corner of said Section 3; thence N 90'00 ' 00" E and continuing said 75 . 00 foot parallel for a distance of 93 . 60 feet to a point; thence N 44 ' 44 ' 23" E for a distance of 1-05 . 59 feet to a point on the North line of said Section 3 , Township 3 North, Range 65 West, which is also the South line of said Section 34 , Township 4 North, Range 65 West, said point being N 90 '00 ' 00" E a distance of 167 . 92 feet from the Southwest corner of said Section _ _ 34; thence continuing N 44 ' 44 ' 23 " E for a distance of 76 . 16 feet to a point; thence N 89' 58 ' 27" E for a distance of 1432 . 49 feet to the end of line . (Affects Sections 3 , 4, 5 and 34) PAGE 13 8902'71 8027346 22 . Easement and right of way for pipeline purposes , as granted to Panhandle Eastern Pipe Line Company, a Delaware Corporation, by Aristocrat Angus Ranch, a Partnership in the instrument recorded March 19 , 1979 in Book 863 as Reception No . 1784842 affecting the following described property:That part of Sections 4 and 9, Township 3 North, Range 65 West, being more particularly described as a strip of land 50 .00 feet in width,- the centerline of which is described as follows :- - Beginning at the Northwest corner of said Section 4; thence S 28 . 42 ' 34". E on an assumed bearing for a distance of 54 . 36 feet _ to a point; thence N 90 .00 ' 00" E and running approximately 50 . 00 feet South of and parallel to the North line of said Section 4 for a distance of 2613 . 11 feet to a pointy-thence S 00 '03 ' 10" and running approximately 25 . 00 feet West of and parallel :to the East line of the _W 1/2 of said Section 4 for a distance of 5086 . 73 feet to a point; thence S 05. 11 ' 50" W for a distance of approximately _130 . 00 feet to the South line of said Section 4 , „ which is also the North line of said Section 9; thence continuing S 05 ' 11 ' 50" W for a di-stance of 109 . 40 feet to a point; thence S 00' 32 ' 50" W and continuing said 25 .00 feet parallel for a distance �_- .i of 5132 . 10 feet to the end of line . 4; AND Beginning at the Northwest corner of said Section 4; thence S • 28 ' 42 ' 34" E on an assumed bearing for a distance of 54 . 36 feet . to a point; thence N 90 '00 ' 00" £ for a distance of 2613 . 11 feet -. to a point; thence S 0_0'03 ' 10" £ for a distance of 4520 . 90 feet to the True Point of Beginning; thence S 89' 56 ' 50" W for a distance :-- of 446 . 60 feet to a point; thence S 00'03 ' 20" E for a distance - - of approximately 730 . 00 feet to a point on the South line of Section . 4 , which is also the North line of Section 9; thence continuing S 00' 03 ' 20" E for a distance of 662 . 70 feet to the end of line. AND PAGE 14 890271 8027346 That part of Section 4 and 5, Township 3 North, Range 65 West, being more particularly described as a strip of land 50 . 00 feet in width, the centerline of which is described as follows : Beginning at the Northwest corner of said Section 4; thence S 28 ' 42 ' 34 " E on an assumed bearing for a distance of 54 . 36 feet to a point; thence N 90 ' 00 ' 09" E for a distance of 2613 . 11 feet to a point; thence S 00'03 ' 10" E for a distance of 4530 . 93 feet to the True Point of Beginning; thence S 89 ' 56 ' 59" W for a distance of 40 . 00 feet to a point; thence S 70' 11 ' 59" W for -a distance of 60 .90 feet to a point; thence N 89' 55 ' 01"_W, ,for a distance of _ 1518 . 60 feet to a point; thence N 65 '00 ' 20" W, for a distance of - 235 . 70 feet to a point; thence N 88' 20 ' 16" W for a distance of . 40 .00 feet to a point; thence S 68 ' 19 ' 48" .-W for :a distance of 307 . 20 feet to a point; thence N 88 ' 43 ' 05" W for a 'distance of 439. 30 - -. - feet to a point on the West line of said Section 4, which is also the East line of said Section 5 , said point being S 00' 32 ' 14" E a distance of 4, 620 . 56 feet from the N£ corner of said Section 5; thence continuing N 88 ' 43 ' 05" W for a distance of 418 .70 feet to a point; thence S 89' 46 ' 41" W for a distance of 927 . 50 feet - -to a point; thence N 75' 4-8 ' 48" W for a distance of 141 . 80 feet to a point; thence N 88 ' 49 ' 03" W for a .distance of 279 .50 feet to a point; thence S 84 ' 47 ' 09" W for a distance of 82 . 50 feet to -the end of line . • - AND - That part of the W 1/2 of Section 9 , Township 3 North, Range 65 West, being more particularly described as a strip of land 50 . 00 feet in width the centerline of which is described as follows : Beginning at a point approximately 25 .00 feet West of and 1, 862 . 00 - - feet South of the Northeast corner of said W 1/2 of said Section; thence N 89' 27 ' 10" W for a distance of 44 . 20 feet to a point; .thence • N 65 ' 14 ' 26" W for a distance of 69 . 70 feet to a point; thence S 86 ' 21 ' 47" W for a distance of 946 . 60 feet to a point; thence N 88 ' 50 ' 37" W for a distance of 435 . 40 feet to a point; thence E 80'09 ' 19" W for a distance of 118 . 60 feet to a_ point; thence S 57 ' 32 ' 50" W for distance of 40 . 00 feet to a point; thence S . 35 ' 05 ' 21 " W for a distance of 98 . 50 feet to the end of line. AND That part of Section 9, Township 3 North, Range :65 West,`-�being LL- . F more particularly described as a strip of land 50 . 00 feet in width, the centerline of which is described as follows : Beginning at a point 1 ,990 . 91 feet North of and 684 . 57 feet West of the Southeast corner of said Section 9; thence N 82 ' 07 ' 09" W for a distance of 75 . 40 feet to a point; thence N 00 ' 41 ' 43" E . for a distance of 1 , 509 . 70 feet to a point; thence N 89 ' 27 ' 10" W for a distance of 1 . 785 . 80 feet to the end of line . AND PAGE 15 8902'x'1 8027346 • That part of the E 1/2 of Section 5 , Township 3 North, Range 65 West being more particularly described as a strip of land 50 . 0D ' feet in width, the centerline of which is described as follows : Beginning at a point on the East line of said E 1/2 said point being S 00' 32 ' 14" E for a distance of 4620 . 56 feet from the Northeast corner of said E 1/2; thence N 88 ' 43 ' 05" W for a distance of 418 . 70 feet to a point; thence S 89' 46 ' 41 " W for a distance of 927 . 50 feet to a point; thence N 75 ' 48 ' 48" W for a distance of 141 . 8D feet to a point; thence N 88 ' 49 ' 03". W for a distance Y of 279 . 20 feet to a point; thence S 84 ' 47 ' 09" , W for a distance -+ of 55 . 20 feet to the True Point of Beginning; '.-thence N 05'-12 '51" = W for a distance of 922 . 90 feet to -a-point; thence N E for a `distance of 1292 . 80 feet to the end of line . — -..,_ ,,,Y ,,a (Affects Sections 4, 5 and 9) 23 . Easement and right of way for pipeline purposes, as granted to Panhandle Eastern Pipe Line Company,T a Delaware _Corporation by --- Aristocrat Angus Ranch, a Partnership , 'the 'instrument _recorded recorde June 22, 1979 in Book 873 as Reception No. 1794666, affecting the` following de-scribed property: =. That part of the NW 1/4 of Section -4 and the -NE 1/4 of Section „ _ ' 5, Township 3 North, Range 65 West,: being more particularly described as a strip of land 50 . 00 feet in width, the centerline of which is described as follows : Beginning at the Northwest corner of said NW- 1/4 of said -Section v'; ,a_--4 4; thence S 28 ' 42 ' 34 " E for a distance of 54: 36 feet to a point; 2 i:T, thence N 90 ' 00 ' 00" E a distance of 62 .D0 feet to the True Point 'iC >c of Beginning; thence S 00' 00 ' 00" W for a distance of 9.00 feet „ { to a point; thence N 90 ' 00 ' 00" W for a distance of 82 . 00 feet :-to a point on the West line of said NW 1/4 of said Section 4 ,-which is also the East line of said NE 1/4 of said Section 5 , said point`:M;; `._ ` being S 00' 00 ' 00" W a distance of 57 .00 feet from the Northeast _r.. corner of said NE 1/4; thence continuing N -90'00 ' 00" W for a = distance of 588 . 00 feet to a point; thence S 00 ' 43 ' 50", -W for a_ , _• ` distance of 517 . 2D feet to the end of line, n AND That part of the S 1/2 of Section 4 and of the N 1/2 of Section - - 9, Township 3 North, Range 65 West, "`being more'`particularly described as a strip of land 50.00 feet in width, the centerline -r --j of which is described as follows : Beginning at the Northwest corner of Section 4, a thence S >28 4 234" .j -' E on an assumed bearing for a distance of 54 `36 "'feet 7t0 point;- An thence N 90-00 ' 00" E for a distance of 2613 . 11 -feet to"a '-point, { thence S 00 ' 03 ' 10" E for a distance of 4553 . 90 feet to-the .True -� " Point of Beginning; thence S 89' 56 ' 50" W for a distance of feet to a point; thence S 00.03 ' 10" E for a distance of .80 . 50 -feet °„, to a point; thence S 15 ' 41 ' 30" E for a distance of 70 . 40 feet; thence S 00' 09 ' 31 " W for a distance of 389 . 00 feet to a point; thence S 05' 34 ' 32" W for a distance of 149 . 40 feet to a point on the South line of said S 1/2 of said Section 4 , which is also the North line of said Section 9; thence continuing S 05' 34 ' 32" W for a distance of 96 . 70 feet to a point; thence S 00 ' 39 ' 22" W for a distance of 499 . 80 feet to a point; thence S 48 ' 19 ' 45" E for a distance of 133 . 50 feet to a point; thence S 87 ' 51 ' 35" E for a distance of 1672 . 30 feet to a point; thence S 52' 25 '33" E for a PAGE 16 8027346 • 1390271 distance of 203 . 00 feet to a point; thence S 87 ' 10 ' 22" E for a distance of 101 . 90 feet to the end of line . (Affects Sections 4 , 5 and 9) 24 . Easement and right of way for pipeline purposes as granted to Adolph Coors Company by Aristocrat Land and Cattle Inc . , a Partnership aka Aristocrat Angus Ranch, in the instrument recorded September 9, 1974 in Book 722 as Reception No. 1644265, affecting the following described property: A right of way 25 feet in width along the North side of Section 17, `'Township 3 North, Range 65 West of the 6th P.M. , for the purpose of installing one ( 1 ) two (2) inch gas line 36 inches deep in a - - 10 inch wide trench. During the construction of the line, an additional 25 feet may be utilized and then revert to a permanent 25 foot easement. - 25 . Terms , agreements , provisions, conditions and obligations as contained in Surface Owners ' s Agreement between Aristocrat Angus Ranch, a Partnership and Champlin Petroleum Company, recorded November 1 , 197E in Book 850 as Reception No. 177157D . : (Affects Sections 5 and 9) 26 . Oil and Gas Lease between Aristocrat Angus Ranch and Machii-Ross - Petroleum Co. recorded November 16, 1977 in Book 814 as Reception - No .`1736148, and any interests therein or rights thereunder NOTE: Extension of the above Lease as claimed by Affidavit of Production, pursuant to ' 73CRS 38-42-106 , by Machii-Ross - Petroleum Co. , recorded -April 10, 1978 in Book 828 as Reception No. 1749921 . - (Affects E 1/2 NE 1/4 , NW 1/4 NE 1/4 , NE 1/4 NW 1/4 Section 10) 27 . All minerals and mineral rights of whatsoever nature, in and under _ and that may be produced from said lands , -including, but not by - . - .--- - - — way of limitation, oil, gas, oil, shale, - coal and all other bituminous hydrocarbons , and all other gaseous substances, including CO2 , helium and geothermal steam, and all uranium, thorium, sulphur, gold, silver, lead, zinc and all common varieties, all substances related to any of those aforementioned,-.together with full rights - of ingress and egress to prospect for; development and operate said land therefor and remove the same therefrom, as reserved .by ?' Aristocratt -Angus Ranch, a Partnership in Deed to Morris Burk recorded February 8, 1980 in Book 895 as Reception No. 1816527 , - and as conveyed to said -Aristocrat Angus _Ranch by Beebe Draw Land _ Company, Ltd. , and Beebe Draw Cattle Co. in Mineral Deed recorded July 8 , 1988 in Book 1201 as Reception No. 2147384 , and any - interests therein or rights thereunder. PAGE 17 80273.46 890271 28 . Easement and right ofway for pipeline purposes , as granted to Colorado Interstate Gas Company, a Delaware Corporation by Beebe Draw Cattle Company, in the instrument recorded January 12 , 1981 in Book 925 as Reception No. 1846656, affecting the following - described property: E 1/2 and E 1/2 NW 1/4 , Section 4, Township 3 North, Range 65 West, . Weld County, Colorado . N 1/2 NW 1/4,` Section 10 , Township 3 North, • Range 65 West, Weld County, Colorado. -.ISW ,:1/4,- Section 3, Township 3 North, Range 65 West, Weld County,` Colorado 29 -Easement and right of way for pipeline purposes, as granted to -Colorado 'Interstate Gas Company a DelawareCorporation _by Beebe Draw Cattle ,Com anr p y,''in the instrument recorded June 5, _1981 -in =: Book ;938 as Reception No. 1859717,-'affecting the following described property NW 1/4, Section 8; SE 1/4, Section 5, 'SW 1/4,, Section 4; all being in Township 3 North, Range 65 West, Weld County, Colorado - 30 . Easement and 'right of way for pipeline purposes , as granted to - --- Colorado ..Interstate Gas Company, :a Delaware :.Corporation by -Beebe r ,s;_;; ,_Draw_Cattle ',Company, in the instrument`recorded August -l4, ".1981 - in"Book 944 _as Reception No . 1866327,—affecting the following • • described property:The NE 1/4 of Section 4, Township 3 North, Range 65 West, Weld County,- Colorado._.- 31 . Easement and right of way for pipeline purposes, as granted to Colorado Interstate Gas Company, a Delaware Corporation by Beebe a? Draw Cattle Company, in the instrument recorded August 14 ;- 1981 : L in Book 944 as Reception No . 1866328 , affecting the following - _ described property: _ - The SW 1/4 of Section 3 , Township 3 North,'-Range 65 West, Weld County, Colorado. 32 . Easement and right of way for pipeline purposes, as granted to _ _ .Panhandle_Eastern Pipe Line Company, a Delaware Corporation by Beebe Draw Cattle Company, in the instrument recorded November - , , - 2,'=;•1981 in Book 951 as Reception No r1873494,'• affecting the „- following described property.• ti • _ _ . The S 1/2 of Section 5 and all of Section 8 ,hand the W 1/2 of - Section 4, all in Township 3 North, - Range 65 West of the 6th P M -; 33 Easement and right of way for pipeline purposes , as granted to ,- -_ Panhandle Eastern Pipe Line Company, 'a Delaware Corporation by Beebe Draw Cattle Company, in the instrument recorded December 3, 1981 in Book 954 as Reception No. 1876094, affecting the j following described property: All of Section 4 , Township 3 North, _Range 65 West of the 6th P .M. PAGE 18 890271 8027346 - 34 . Easement and right of way for pipeline purposes , as granted to Colorado Interstate Gas Company, a Delaware Corporation by Beebe Draw Cattle Company, in the instrument recorded February 8, 1982 in Book 960 as Reception No. 1882368 , affecting the following described property: W 1/2 , Section 3, Township 3 North, Range 65 West, Weld County, Colorado, and Section 4 , Township 3 North, Range 65 West, : Weld County, Colorado. 35 . - Easement and right of way for pipeline purposes, as granted to -- Panhandle Eastern Pipe Line Company, a Delaware Corporation by - Beebe Draw Cattle Company, a Colorado General Partnership in the - instrument recorded February 10 , 1982 in Book . 960 as Reception -- No.- 1882623 , ' affecting the following described property The N 1/2 of the NW 1/4; the S 1/2 of the NW 1/4; and the S 1/2 , all in Section 3 , Township 3 North, Range 65 West of the 6th P.M. , except Parcel conveyed to School District No. 99 by Quit Claim Deed recorded November 6 , 1911 in Book 346 at Page 310 36 . Easement and right of way for construction, maintenance and . _ T= • operation of a regulatory pond, flowage easements, as granted to - Farmers Reservoir and Irrigation Company by Aristocrat Angus Ranch, in the instrument recorded October 1 , 1984 in Book 1045 as Reception - - No. 1983413 , and by Beebe Draw Cattle Co.- -a Colorado Limited ;. Partnership recorded May 7 , 1985 in Book 1068 as Reception No 290E627, affecting the following described property': y z EXCLUSIVE EASEMENT FOR REGULATORY POND Beginning at a point -in Section 10, Range 65 West, Township 3 North, - at a point 1440 feet West and 2650 feet South of the Northeast section corner at a point on the Evans N. 2 Ditch; thence N 90' _ E, a distance of 230 feet; thence North 1000 feet; thence N 40' . W, a distance of 1400 feet; thence S 70' W, -a distance of 510_feet;__ - • thence S 10 ' E, a distance of 870 feet to a point on the Evans >- - .-- No. 2 Ditch; thence along the Evans No.- 2 Ditch in. a-_Southeasterly direction back to the Point of Beginning FLOWAGE EASEMENT FOR THE PLATTE VALLEY OVERFLOW DISCHARGES ;,— An easement for storm overflow discharges from Milton Reservoir, _, --- beginning at a point in the Platte Valley Canal :-;lying '1390.feet North and 890 feet West of the Southwest corner of Section 3 ,^.Range _ 65 West, Township 3 North; thence 500 feet either -side of the line, - - N 15 ' E, a distance of 850 feet; thence N 30' W, a distance of 850 feet; thence N 55' E, a distance of 850 feet; thence 300 feet - either side of the line N 20 ' E, a distance of 1000 feet; thence . N 60 ' E, a distance of 1200 feet; thence N 45 ' E, a distance of 660 feet to a point on the North line of Section 3; thence approximately 500 feet either side of the line that proceeds 2500 feet East along the North line of Section 3 into the marsh which drains to the Beebe Seep. PAGE 19 890271 8027346 4 FLOWAGE EASEMENT FOR RIGHT ABUTMENT EMERGENCY SPILLWAY DISCHARGES FROM MILTON LAKE - An easement for the right abutment spillway discharges beginning at a point on East-West discharge center line of Section 11 (fence) as Range 65 West, Township 3 North, lying 2275 feet West of the East section line; thence 300 feet either side of the line, N .5' 30 '. E, a distance of 440 feet; thence N 60' W, a_distanceof -450 .feet; - thence N 85 ' W, a distance of 450 feeti thence an easement tapering '+ from 300 feet either side to 500 feet either -side of the -line N n � ' 60' W, a distance of 400 feet; -thence 500`feet :eitherside : of the line, N 60' .W, a distance of 1020 feet; ending .-_ the -Beebe 'Seep : FLOWAGE EASEMENT FOR SURFACE LIMITING SPILLWAY DISCHARGES :FROM MILTON LAKE An easement for spillway construction, maintenance and flood _,_ discharges lying 50 feet either side of a line "beginning 'et 'a point t 1120 feet West and 2277 feet South of the Northeast corner of Section 10, Range 65 West, .Township 3North,'°==and further .described a as a point lying 45 feet N 27' 15 ' E;=_of Milton Dam Crest _Station 58+53; from this point N 27' 15 '..E, a distance of 210 feet;'_thence N 22 ' 45 ' W, a distance of 110 feet;thence N 47. 45 ' W,''a distance - of 260 feet; thence N 22 ' 45 ' W, a distance of _240 . feet; cthence N 22 ' 15 ' E, a distance of 200 feet .to a point lying in the Evans No . 2 Ditch. -_ r_.- _ • 890271 PAGE 20 8027346 37 . Easement and right of way for ditch right of way, as granted to Farmers .Reservoir and Irrigation Company by Beebe Draw Cattle Co. , - a Colorado Limited Partnership, in the instrument recorded May 7 , 1985 in Book 1068 as Reception No. 2008618, affecting the _ _ following described property: A strip of land located in Section 4, Township 3 North, Range 65 . ,. West of the 6th P.M. , Weld County, Colorado/. for the purpose of operating and maintaining an irrigation canal, said strip lying : 60 . 00 feet East and 70 . 00 feet West -of ;the 'centerline of The Platte , ,.. .,.•Valley_Canal,--described as follows =u Beginning at the Northeast corner of aid Section 4 , and considering the North line of said Section 4 to bear S 89. 37 ' 41 " with all bearings herein relatrve thereto thence 889' 37 ' 41 ",.W, --1808 74 , --feet .to the intersection of the centerline -of _Platte Valley Canal and the North line of said Section 4 , -also `being the True Point _ of Beginning; thence along the centerline of The Platte Valley —.Canal ;by :the _following 34 courses r F 1) S 03 ' 40' 57" ;W,',12 . 96 feet, +zr„ 2) S 10' 09 ' 07" W,'45 . 49 feet, ) _S :27-.01 'I-47" .W, 1281 . 89 -feet•, T W ,'�__,-a 4) S . 35 '02 ' 43" W, ;129. 95 feet, -2;74-5) ' S 46' 24 ' 26" W,`;113 . 95 feet, 7) .158 . 51 ;:feet along the arc of a curve to the -left, having a 'central angle of 43 ' 14 ' 52" and a radius of 210 .00 feet; . 'F8) S 24' 41 ' 10" W, 39 . 72 feet, .,::.,.. : tt s: 9) 258 .45 feet along the arc of a curve to the left, having a ',' central angle of 68 ' 10 ' 08" and a radius-of 2.217 . 23 feet; 10) S "43 '28 ' 58" . E, 159 . 97 feet; ' 11 ) 69 . 50 feet along the arc of a curve to the right, having a central angle of 48 ' 38 ' 11 " and a radius of 81 . 88 feet; 12) S 05' 09 ' 12" W, 19 .20 feet; 13) 117. 95 feet along the arc of a curve to the right, having a - central angle of 25 . 54 ' 10" and a radius of 260 . 90 feet; _: 14) S 31 '-03 ' 22" W, 130 . 58 feet; __ 15) _S '09'40 ' 40" .W, 95 . 26 feet; ._16 ) :S 03' 11 ' 43" E,""116 . 07 feet; _; * ,µ ;-17) =114 ._85 feet along the arc of a curve ;to :the left, having a central angle of 36' 30 ' 36" and a radius 'of -1180 . 24 -feet; - _ 18 ) :S 39' 42 ' 18" E, 116 . 57 feet; - . 19) 90 93 .feet'along the arc of a curve to the left, -having a -- central -angle .;of 45' 22 ' 31" and a 'radiusTof 114 82 feet, ;- - Y 20) .S 85'04'50" E• , 170 . 71 feet; ... _�:. 21) '151 . 01 feet along the arc of a curve 'to the 'right, having a central angle of 88 ' 29 ' 30" and a radius of 128 . 33 feet;•:-- - - 22) S 16' 35 ' 19" E, 120 . 95 feet; • 23 ) 196 . 66 feet along the arc of a curve to the right, having a central angle of 25 ' 35 ' 07" and a radius of 440 . 41 feet; 24 ) S 08' 59 ' 48" W, 101 . 24 feet; 25 ) 251 . 82 feet along the arc of a curve to the left, having a central angle of 59 ' 32 ' 10" and a radius of 242 . 34 feet; 26) S 50 . 32 ' 21 " E, 149 . 58 feet; 27) S 87 ' 37 ' 35 " E, 82 . 75 feet; 28 ) 186 . 32 feet along the arc of a curve to the left, having a central angle of 36' 09 ' 17" and a radius of 295 . 25 feet; PAGE 21 8027346 89107,47�_ 29) S 31 ' 28 ' 08 " £, 491 . 73 feet; 30) S 30' 42 ' 09" £, 20 . 00 feet; 31 ) S 10 ' 25 ' 08 " E, 52 . 65 feet; 32 ) 93 . 05 feet along the arc of a curve to the left, having a central angle of 23 ' 19 ' 5B" and a radius of 228 . 50 feet; 33 ) S 33 ' 45 ' 06" E, 94 . 75 feet; • 34) S 3$' 27 ' 03" E, 32 . 60 feet to the Point of Termination at the - High Water Line of Milton Reservoir. Easement and right of way for ingress and egress, as granted to Farmers Reservoir and Irrigation Company by Beebe Draw Cattle Co. - a Colorado Limited Partnership and Beebe Draw Land Company, _Ltd.; = a Colorado Limited Partnership; -in the instrument recorded May • 7, 1985 in Book 1068 as Reception No. 2008622, affecting -the -- -, following described property: The South 50 feet of a part of the W 1/2 of the W 1/2 of Section 15 , Township 3 North, Range 65 West of the Eth P.M. , Weld County, _ Colorado, more particularly described as follows : Beginning at the Southwest corner of Section 15 , also the :True Point of Beginning, and considering the West line of said Section`" 15 to bear N 00' 41 ' 51 " W, with all other bearings relative ,thereto, 4 thence N 00' 41 ' 51" W, 5262 . 03 feet to the Northwest corner "of Section 15; thence along the North line of Section 15 N 89' 28 ' 21 E, . 358 . 03 feet; thence S 00' 41 ' 51" E, 5262 . 18 feet to the South line of Section 15; thence along the South line of Section 15 S „= 89' 48 ' 56" E, 358 .04 feet to the True Point of Beginning.• • PAGE 22 8027346 990271 39 . Easement and right of way for access , as granted to Farmers Reservoir and Irrigation Company by Beebe Draw Cattle CD. , a Colorado Limited Partnership, in the instrument recorded May 7, 1985 in Book 1068 as Reception No. 2008628, affecting the following :, described property: —_ A 20 foot wide permanent access easement across Sections 8, 9, 4 , 3 and 10, Township 3 North, Range 65 West of the 6th P.M. , :Weld .County, Colorado, the centerline of which is more particularly described as follows : Commencing at the Northwest corner of Section 8 and considering the West line of Section 8 to bear S 00'09 ' 35" E, with all other _' bearings relative thereto; thence S 00 '09 ' 35" E, 2024 . 44 feet .along- . the West line of Section 8 and the centerline of Weld County,:Road No. 39 to the True Point of Beginning; thence N 00 '00 ' 00" -E,'<330. 10 feet; thence 282 . 77 feet along the arc of a curve to the right having a central angle of 79' 10 ' 29" and a radius of 204 . 63 feet; - thence S104931 " E, 28 . 89 feet; ' thence ;1294 :69 feet along the -_ arc of a curve to the left having 'a central .angle of 93 "51 ' 52" and a radius of 790 . 29 feet; thence N 75',18 ' 37" E, 867 . 11 -feet, thence 893 . 02 feet along the arc of :a curve to the right having a central -angle of 29 ' 01 '24" and a radius :of :1762 . 95 feet; thence ' S 75 ' 40 ' 00" E, 554 . 91 feet; thence 1237. 44 feet along the arc a curve to the left having a central angle of 102' 05 ' 25" and a -_ radius of 694 . 49 feet; thence N 02 ' 14 ' 36" E,-'552 . 26 feet; :thence #t,= 767 . 36 feet along the arc of. a curve to the .right having a central angle of 63 ' 18 ' 28" and a radius of 694 . 49 feet; thence N 65 '33 ' 04 E, 266 . 94 feet to a point which bears S 00 ' 43 ' 4-8 " E, 879. 38 feet , from the Northeast corner of Section 8; °thence 536 . 50 feet -along c: the arc of a curve to the left having a central angle of 28' 09 ' 58' and a radius of 1 ,091 . 35 feet; thence N 37' 23 ' 06" E, 366 . 72 -feet; - thence 1204 . 90 feet along the arc of a curve to the right having TH a central angle of 63 ' 15 ' 26" and a radius of 1 ,091 . 35 feet; :thence S 79 '21 ' 28" E, 1713 . 22 feet; thence 1143 . 83 feet along the arc _ of a curve to the left having a central angle of 37' 10 ' 27" and a radius of 1762 . 95 feet; thence N 63 ' 2_8 ' 04" E, 323 . 36 feet to the West side of the Platte valley Canal- .and_the intersection of - an elevation equivalent to the gauge rod _39 . 5 at Milton Reservoir, - thence continuing N 63' 28 ' 04" E, 363 .33 feet to the East side =of =:� a 50 foot easement granted to The Farmers Reservoir and Irrigation - Company for the construction and maintenance of the flood -dikes, - t -:. said point bears N 72 ' 22 ' 05" E, .294 . 49 .feet :.from the Northwest corner of Section 10; thence -continuing N63'2_8 'D4 " E, 65:fig feet; ,_• ,, .;; thence 421 .56 feet along the arc of a curve to the right having a central angle of 27' 24 ' 06" and a radius of 881 . 47 feet; thence , --A '89' 07 ' 50" E, 585 . 41 feet to the point of exit with the Beebe :.:°-_' Draw Farms and Equestrian Center Access Road; thence S 00' 27 ' 09". W, 12 . 89 feet; thence 180 . 80 feet along the arc of a curve to the left having a central angle of 51 ' 47 ' 45" and a radius of 200 .00 feet; thence S 51 ' 20 ' 36" E, 939 . 25 feet; thence 98 . 71 feet along a curve to the left _havinga central angle of 28 ' 17 ' 39" and a radius of 200 . 00 feet; thence S 79' 38 ' 15" E, 615 . 50 feet; thence 321 . 82 feet along the arc of a curve to the right having a central angle of 73 ' 44 ' 27" and a radius of 250 . 00 feet; thence S 05 ' 38 ' 27" E, 328 . 49 feet to the North line of the new right of way North of the centerline of Milton Reservoir Dam deeded to The Farmers PAGE 23 8027346 8902T1 - Reservoir and Irrigation Company, said point also being the Point of Termination for the described 20 foot access easement. 40 . Terms , agreements, conditions and obligations as contained in agreement between The Farmers Reservoir and Irrigation Company, a Colorado Corporation, Beebe Draw Cattle Co. , a Colorado Limited Partnership and Beebe Draw Land Company, Ltd.-; ,a Colorado Limited - Partnership, recorded May 7, 1985 in Book 1068 as Reception No 2008617, pertaining to the location, use, operation and maintenance of the Platte Valley Canal . - ��ti 41 The right to store water in Milton Reservoir up to gauge height 39 . 5 feet, thus flooding that portion -of -subject property lying -*t- 1 =`within the W 1/2 of the W 1/2 of said Section 15 , as reserved by The Farmers Reservoir and Irrigation Company in Quit Claim Deed to Beebe Draw Cattle Company dated May 3, 1985 and recorded May z. 7, ;1985 in Book 1068 as Reception No :-200-8619. - „.� 42 Right of way for reservoir purposes as granted to The Farmers Y Reservoir & Irrigation Co. , by the State _of Colorado in Deed d4^:x - - recorded December 23 , .1918 in Book 512 at Page551 , -"affecting ;the - -. following described property: A tract of land for reservoir purposes, Milton Lake, in Section -16, Township 3-N, Range 65 West, the exterior boundaries of -which_ ,r ; _'are described as follows : = - Beginning at Stat. 78+71 . 5 , a point on the East boundary of said xt section, whence the Northeast corner bears North 435 feet; thence ,- -= : -- N 52 '07 ' W, to Sta. 80+96 . 5; thence N 34 ' 44 ' rW to Sta.- 82+96 . 5; k thence N 57' 58 ' W to Sta. 83+96 . 5; thence S 61 '35 'W to Sta. - 84+96:5; =Z-=-: thence S 25 ' 28 ' E to Sta. 86+21 . 5; thence S 38' 35 ' E to Sta. 88+31 . 5; thence S 46' 31 ' E, to Sta. 90+41 . 5; thence S 06' 33 ' E to Sta. 92+46 . 5; thence S 02' 37 ' W to Sta. 94+46 . 5; thence S 23 ' 13 ' . - E to Sta. 97+11 . 5 a point on the East boundary of said Section, thence North along said East boundary 73_0 feet, to Sta. - 78+71 5 , -: - the Place of Beginning. Also, a tract of land for Milton Lake - Reservoir purposes in said Section 16, Township 3 North, -Range 65 West, the exterior boundaries of which are described as follows 'Beginning at a point on the East boundary of said Section _at Sta -$ 108+81 . 5, -whence the Northeast corner bears North 1955 feet; -thence S 22 ' 56 ' W, to Sta. 110+01 . 5; thence S 09' 45 ' E to Sta. 112+91 5 ;`;..;., , a point on the East boundary of said Section, thence ..North along `= 4 =said East boundary 345 feet to Sta.' -108+81 :5 , the Place of `'t g '-` - Beginning. 43 . - The effect of any failure to comply with the terms, agreements, provisions , conditions, covenants and obligations as contained - - - in Certificate of Purchase from The State of Colorado to Beebe - Draw Land Company, Ltd. , a Colorado Limited Partnership, recorded July 26 , 1984 in Book 1038 as Reception No. 1975458 . (Affects Section 16 ) PAGE 24 890271 8027346 44 . Easement and right of way for pipeline as conveyed to Industrial Gas Services , Inc . , by State Board of Land Commissioners, by - instrument recorded November 26 , 1974 in Book 727 as Reception No. 1649238 , and recorded August 28 , 1975 in Book 746 as Reception No. 1668412 , said right of way described as follows : ( 1 ) (A 6-inch pipeline) commencing at the Southeast corner of said - Section 16 and consideringthe South line of said Section 46 ,to „..r.r_ , bear South 9-0 ' 00 ' 00" West with all other bearings herein being relative thereto; thence South 90' 00 ' 00".West along the ,South -line of said Section 16 , 12 .5 feet to the True Point of Beginning; thence North 00' 08 ' 46" West, parallel to and 12 .5 feet West of •the East '- line of said Section 16 , 3947 . 44 feet; (A 4-inch pipeline) _thence continuing North 00 '08 ' 46". West, parallel to and 12 .5 -feet'Vest of the East line of said Section 16 , 1302 . 05 feet; (A 2-inch pipeline) thence North 89' 45 ' 55" West, parallel to and 12 . 5 feet_, South of the North line of said Section 16 , 5108 . 88 feet,- to the West line of said Section 16 and the Point of Termination; - said right of way being 10 , 358 . 37 lineal feet, more or less c ' (2) (A 3-inch pipeline) commencing at the Southeast corner of said -- Section 16; thence South 90'00 ' 00" West, along the said South line - of said Section 16 a distance of . 12 . 5 feet, thence North West, parallel to and 12 .5 feet West of the East line of said { Section 16 , 3947 . 44 feet to the True Point of Beginning; _thence South 89 ' 51 ' 14" West, 1279 . 46 feet; (A 2-inch pipeline) thence - South 00 • 08 ' 46" East, 11 . 00 feet; thence South 44 ' 47 ' 01" ,West, _ - 3622 . 50 feet; thence South 28 ' 22 ' 22" East, 69. 80 feet to the 'Point_ of Termination; said right of waybeing 4982 . 7-6 lineal feet, more :__-_. or less . (3 ) (A 2-inch pipeline) commencing at the Southeast corner of said Section 16; thence South 90' 00 ' 00" West, along the said South line - of said Section 16 , a distance of 12 . 5 feet; thence North 00' 08 ' 46" West, parallel to and 12 . 5 feet West of the East line of said Section 16 , 3947 . 44 feet; thence South 89 ' 51 ' 14" West, 1273 . 46 feet to the True Point of Beginning; thence South 00' 03 ' 46" East, 5 . 00 feet; thence South 65 ' 25 ' 38" East, 69.35 feet to the Point -, of Termination; said right of way being 74 . 35 lineal feet, more or less . PAGE 25 890271 8027346 45 . Easement and right of way for the construction, maintenance and repair of a pipeline , as conveyed to Cody Nordell Exploration, Inc . , by Beebe Draw Cattle Company, by Right of Way contract recorded December 20 , 1982 in Book 984 as Reception No. 1911946 ,said right of way described as follows : • A strip of land 20 feet wide, 10 feet on each side of the following described centerline : Commencing at the Southwest corner of said Section 16 and considering the South line of said Section 16 to bear North 90 •D0 ' 00" East with all other bearings contained herein being --relative thereto; thence North 90'0D ' 00"East, 12 .00 feet to the ` True Point of Beginning; thence along the centerline of an existing • - road by the following nine (9) courses : _ h- 1 : North 00. 09 ' 00" East, 1039 . 00 feet; 2 thence North D8 . 12 ' 00" East, 77 . 70 feet; - 3 . thence North 27 . 51 ' 00" East, 46 . 00 feet; 4 :``thence North '46. 52 ' 00 East 36 .70 feet; thence North 64' 39 ' 00"East, 45 . 40 feet; 5 . <thence North 89 ' 33 ' 00" East -71 . 80 feet; :thence North 84• 30 ' 00",= _ East[ 153 . 90 "feet• -.4_7 .7. thence North 82. 09 ' 00" East, 550 60 feet, t,. { thence 'North 77' 11 ' 00" East,- 116 . 20 feet; _' . 9 . ' thence North 87. 08 ' 00" East, '285 . 30 feet to the Point of , Termination 'of said easement from which the Southwest corner of ., '. said Section 16 bears South 43 . 41 ' 21" East, .1857 . 13 feet. 1- 46 . - All rights to any and all minerals , ore and metals of any kind - and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egre-ss - for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient . _ working of such minerals and substances, as reserved in Certificate - of Purchase from the State of Colorado recorded July 26, -1984 in Book 1038 as Reception No. 1975458, and any interests therein or - -rights thereunder. _,. _ _ _ (Affects Section 1_6) • 890271 PAGE 26 8027346 - 47 . Covenants, Conditions and Restrictions , which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, as shown on the recorded Plat of said Subdivision, providing as follows : A. The uses permitted in this Planned Unit Development are R-1(Single Family Dwelling) , R-3 (Attached dwelling units of two or more but not more than 6 dwelling units per legal lot) , recreational uses as described in the application material on file with the _ Department of Planning Services, and Oil and Gas Production - - : Facilities . _ B. All dwelling units, the indoor and outdoor arenas, stadiums, - - and the clubhouse shall be located a minimum of 300 feet from oil •and ga's drill sites and production facilities.'C. The central Weld County Water District shall provide _the water supply to the Planned -Unit Development District. The water supply system shall be provided consistent with the requirements of Section 8-10 et. :.seq. :of .the Weld County Subdivision regulations, :pursuant to public water supply systems and fire safety requirements . D. The applicant, developer and/or Homeowner' s Association ,shall ___ provide and maintain all roads internal to the Planned Unit Development District. The roads internal to the Planned Unit Development District shall remain private and must comply with . - :design standards listed in Section 8-1 et. seq.- and 8-2 et. -seq. - - of the Weld County Subdivision Regulation E . Additionally, the Beebe Draw Farms and Equestrian Center Property Owners Association and Weld County shall comply with the Road Maintenance and Improvement Agreement regarding impacts to Weld County roads listed on April 3, 1985 . • F. The applicant, developer and/or property owner shall be limited to 50 single family residential building permits per year until such time that item #13 of the approved Road Maintenance and Improvement Agreement dated April 3 , 1985, has been completed to the satisfaction of the Board of County Commissioners . (Affects that portion of subject property platted as Beebe Draw Farms Equestrian Center by Revised Plat of the First Filing thereof recorded April -12, __198.8. in Book 1192 as _Reception No. 2137453 . ) - 48 . --Utility and other easements as shown on Revised Plat of Beebe Draw . Farms and Equestrian Center, First Filing recorded April _12 , 1988 in Book 1192 as Reception No. 2137453 . 49 . Right of way .for Weld County Road 39 along theWesterly boundary . line of said Section 8 as dedicated to the public in Revised Plat of Beebe Draw Farms and Equestrian Center, First Filing, recorded April 12, 1988 in Book 1192 as Reception No. 2137453 . 50 . Rights of way for internal roads , drives and parkways as dedicated to the Beebe Draw Property Owners Association in and as shown on the Revised Plat of Beebe Draw Farms and Equestrian Center, First Filing, recorded April 12, 1988 in Book 1192 as Reception No. 2137453 . PAGE 27 890271 8027346 51 . Covenants, Conditions and Restrictions , which do not contain a forfeiture or reverter clause , but omitting restrictions , if any, based on race, color, religion, or national origin as contained in instrument recorded March 4, 1988 in Book 1187 as Reception No. 2132909 (Affects Beebe Draw Farms and Equestrian Center, First Filing) . 52 , - Lease and the terms and conditions thereof, between Beebe Draw Land Company, 'Ltd- ,Wand The Beebe Draw Cattle`Co , Lessor _to TOA American .Gas Products and/or Machii Ross _Petroleum Com an p y, Lessee, - Memorandum of which is recorded December 10,>=1986 in Book-1138 _ ., . as Reception No, 2080085 , providing 'for 'a term of twenty :years -- from February 11 ,',21986, with options :for,_renewal�- affecting the following described property. A tract of land in the W 1/2 of the NE 1/4 o₹'Section 4 , Township _ 3 North, Range 65 West of the 6th P,M-; ,described as follows : Beginning at .the .Northeast corner of :said :Section __4; ,thence _South 14 '41 West °2254 , 74 feet to the True ':Point+of Beginning; :.thence South -03 ' 40 ' 32" East 410 feet; .thence "South 8619 ' 28" West 230 , feet to the True Point of Beginning; :together-with easements over •_ other 'lands `-. .t for -ingress -and .egress _and for gaslines :to said parcel _of :land from Weld County Road _38 .", NOTE ::,The interests of Machii-Ross PetroleumCo- and TOA • - American Gas Products Co- 'in the foregoing lease were assigned to Aristocrat Gas Products Co. in . instrument recorded April 13 , 1988 in Book 1192 - as Reception No , 2137747 - 53 . Terms, provisions , conditions and obligations of License Agreement pertaining to the location and maintenance of a mailbox and two signs at the intersection of Weld County Roads 43 and 3B , between - :Aristocrat Angus Ranch and Beebe Draw Land Company, Ltd. , recorded - July 8 , 1988 in Book 1201 as Reception No. 2147388 . -. . 54 . _Terms , provisions, conditions and obligations of Agreement for Utility Easement running approximately from the _intersection of ' Weld County Roads 43 and 38 to subject property ,and possibly to the point of utility service in Section -11 ,- Township 3 North, _Range _ _64 West of the 6th P.M. between Aristocrat Angus Ranch and Beebe Draw Land Company, Ltd, , recorded July _ 8, 1988in Book 1201 .as - _ 'Reception No ,.2147389 55 . Terms , provisions , conditions and obligations of Road Easement Agreement between Beebe Draw Land Company, Ltd. , and Aristocrat Angus Ranch, recorded July 8 , 1988 in Book 1201 as Reception No. 2147390, affecting the following described property: - ROAD EASEMENT LEGAL DESCRIPTION PAGE 28 890271 -8027346 A 30 foot wide road easement located in Section 3 and 10, Township 3 North, Range b5 West of the Sixth Principal Meridian, Weld County, Colorado, lying 15 feet perpendicularly or radially on each side of the following described centerline : Beginning at the Northwest corner of said Section 3 , and considering - the North line of said Section 3 to bear -N 89' 40 ' 23 " E with all bearings herein relative thereto; thence 44 . 20 feet along the arc of a curve to the left, having a central angle of 66 ' 48 ' 25" ,--a radius of 37 . 91 feet, and a long chord that bears S 55' 38 ' 41 E, 41 . 74 feet; thence S 89'02 ' 54".,E,- , 815 . 40 ,feet; -.thence -104 . 42 feet ' along the arc of a curve to the right,-having a central .angle of 51 ' 16 ' 56" , a radius of 116 . 67 feet, and a long chord that bears - S 63 ' 24 ' 26" E, 100 . 97 feet; thence S 37'45 ' 58",.E, 520 . 19 feet, thence 89 . 34 feet along the arc of a curve to the left, -having q a central angle of 16' 57 ' 52" , a radius of 301 . 74 feet, and a long chord that bears S 46 ' 14 ' 54" E, 89 .02 feet; thence S 54 '43 ' 50" - E, 1447 .05 feet; thence 220 . 99 feet along the arc of a curve to --- the right, having a central angle of 55'-25 ' 32" , a radius of.. 228 .44 feet, and a long chord that bears S 27'01 ' 04" _E, 212 . 47 -feet; - thence - S 00 ' 41 ' 42" W, 1245 . 00 feet; thence 99 .01 `-feet along the arc of -- - a curve to the left, having a central -angle-of 19' 40 ' 50" , a-radius of 288 . 26 feet, and a long chord that bears S 09' 08 ' 44"E, 98 . 53 feet; thence S 1$' 59 ' 09" E, 102 . 61 feet; thence 149 . 63 feet along the arc of a curve to the left, having a central angle of 09' 55'.14 a radius of 864 .15 feet, and a long chord that bears S .23' 56 ' 46".. E, 149 . 44 feet; thence S .28 ' 54 ' 23" E, 128 . 46 feet; thence 219 . 19 r*, <-. feet along the arc of a curve to the left, having a central angle - of 12 ' 02 ' 27" , a radius of 1043 . 01 feet;' and a long chord that bears S 34 ' 55 ' 36" E, 218 . 79 feet; thence S 40' 56 ' 50" E, 998 .-67 feet; - - thence 89 . 73 feet along the arc of a curve to the left, having - a central angle of 10 ' 48 ' 37" , a radius of 475. 60 feet, and a long _ chord that bears S 46 ' 21 ' 08" E, 89 . 60 feet; thence S 51 ' 45 ' 26" E, 437 . 35 feet; thence 163 . 45 feet along the arc of a curve to the right, having a central angle of 11 '29 ' 36" , a radius of 814 . 82 feet, and a long chord that bears S 46 '00 ' 38" E, 163 . 18 feet; thence — -S 40 ' 15 ' 50" E, 257 . 86 feet; -thence .109 . 99 feet along the arc of a curve to the right, having a central angle of 01 ' 45 ' 00" , a radius ,_ of 3601 .04 feet, and a long chord that bears 'S 39 ' 23 ' 20" E '-:109 . 99 -.., feet; thence S 38' 30 ' 50" E, 624 . 71 feet; thence 99 . 09 feet along - the arc of a curve to the left, having a central angle of 18' 56 ' 19" , a radius of 299 . 78 feet, and a long chord that bears S 47'58 ' 59" ._ E, -98 . 64 feet; thence S 55 ' 34 ' 48', E,';735 . 94 feet to the :Point:of __ - Termination-on the East line of said Section 10 from which the Northeast corner of said Section 10 bears N 00 ' 06 ' 00" E, - 656 . 51 feet. 56 . Terms , provisions , conditions and obligations of Well Access and - Utility Easement Agreement between Beebe Draw Land Company, Ltd. , and Aristocrat Angus Ranch, recorded July 8 , 1988 in Book 1201 as Reception No. 2147391 , affecting certain land-s in Sections 3 and 10, Township 3 _North, Range 65 West of the 6th P.M. as shown on Plat attached to said agreement. PAGE 29 8027346 '-,.. —...,a 57 . Judgment in favor of BIG R MANUFACTURING & DISTRIBUTING against MORRIS BURR dba BEEBE DRAW LAND CO. , LTD. in the amount of $50 ,000 . 00 plus interest and court costs entered on November 6, 198.6 in Case No. 1 86 000227 Court : District County Weld recorded January 20 , 1987 in Book 1143 as Reception No 52085360 - - (Affects that portion of Parcel 2 described as follows: ;;In Township 3 North,`=Range -65 West of the 6th P.M. : Section 4: The NE 1/4 of - _ - the NW 1/4 except -the following described parcel: Commencing at the Northeast corner of the NW 1/4 of Section 4, thence along the North line of said NW 1/4 , South 89' 35 ' 05" West, 30 . 0-0 feet; thence • ::South 00'.35 ' 25".,East,"30 . 00 feet parallel with the East line of said NW 1/4 to the True Point of Beginning; thence continuing South - .00' 35 ' 25"_East, 208 . 71 feet; thence South 89' 35 ' 05" West, 208 . 71 feet;'=thence North 00 ' 35 ' 25" West, 208 . 71 feet; thence parallel = „ with the North line of said NW 1/4 North 89' 35 ' 05" East, ' 208 . 71. feet to the True Point 'of Beginning. ) (Affects that portion, -etc . ) - 5$ . Deed of Trust from : BEEBE DRAW LAND COMPANY, LTD. , and BEEBE : DRAW CATTLE CO. to the Public Trustee of the County of Weld for the use of UNITED DEBT -FUNDING CORPORATION to secure - $2 , 300,000 .00 dated July 5, 1988 recorded July 8 , 1988 in Book 1201 as Reception No. 2147392 (Affects Parcel 2) NOTE Subordination Agreement recorded October 28 , 1988 in Book 1214 as . Reception No . 02160090 wherein the _ beneficiary of the deed of trust shown above purports to subordinate this lien to the deed of trust recorded - October 28, 1988 in Book 1214 as Reception No - - :' 02160089 . 890271 PAGE 30 8027346 59 . Deed of Trust from : BEEBE DRAW LAND COMPANY, LTD. , and BEEBE DRAW CATTLE CO. to the Public Trustee of the County of Weld for the use of DRS . ELLIOTT, HALSETH & WALKER,P.C . DEFINED _ BENEFIT PENSION PLAN; LANDE MANUFACTURING - COMPANY RETIREMENT PLAN AND TRUST; DAREEL BENSON; WILLIAM S. GRIPMAN; W. GERALD RAINER, M.D.P.C. EMPLOYEES DEFINED BENEFIT PENSION PLAN; COLORADO CONTAINER CORP. EMPLOYEES _DEFINED BENEFIT PENSION PLAN; RICHARD E. SLAUGHTER; RICHARD E .-DAMIANO; and C.L. `:' PHILLIPS & ASSOCIATES, INC. PROFIT SHARING PLAN • to secure _ $625,000 .00 dated =z July 5, 1988 recorded July 8 , 1988 in Book 1202 as Reception No. 2147393 ='re-:recorded s: . October 24, 1988 in Book 1213 as Reception No. 2159579• NOTE =Subordination Agreement recorded October 28, 1988 in Book - . - 1214 as Reception No. 02160091 wherein the beneficiary of ,the deed of trust shown above purports to subordinate this ;P lien to that deed of trust recorded October 28 , 1988 in Book 1214 as Reception No. 02160089 . 60 . Deed of Trust from : BEEBE DRAW LAND COMPANY, LTD. , and BEEBE DRAW CATTLE CO. to the Public Trustee of the County of Weld for the use of COLORADO CONTAINER CORPORATION PENSION TRUST; DRS . ELLIOTT, HALSETH & WALKER P.C. DEFINED BENEFIT PENSION PLAN; W. GERALD RAINER, M.D.P.C. EMPLOYEE DEFINED BENEFIT PENSION PLAN; LANDE MANUFACTURING COMPANY RETIREMENT PLAN AND TRUST; ROLLIE R. KELLEY, DARREL BENSON; and WILLIAM S . GRIPMAN dated ;%. _ _. : July 5, 1958 ;::_- - recorded ` July 8 , 1988 in Book 1202 as Reception No. 2147394 NOTE: Subordination recorded October 28 , ' 1988 in Book '*. r--"--1.214 as Reception No. 02160092 wherein the beneficiary of the deed of trust shown above purports to subordinate this lien to that deed of trust recorded October 28 , 1988 in Book 1214 as Reception No . 02160089 . PAGE 31 8902'71. 8027346 61 . Mortgage from BEEBE DRAW LAND COMPANY, LTD. to the mortgagee BEEBE DRAW CATTLE CO. to secure $2 , 700 ,000 . 00 dated August 1 , 1988 recorded August 3 , 1988 in Book 1204 as Reception No . 2150304 • (Affects Parcel 2) NOTE : Subordination Agreement recorded October 28, 1988 in Book 1214 as Reception No. 02160093 wherein the _ beneficiary of he mortgage shown above purports to = subordinate this lien to that deed of trust recorded October 28, -1988 in Book 1214 as Reception No. 02160089 . 62 . Deed of Trust from : BEEBE DRAW FARMS, LTD. , a Colorado Limited Partnership -to the Public Trustee of the County of Weld -- for the use of MAROLA CORPORATION, DRS. ELLIOTT, - HALSETH & WALKER, P.C. , DEFINED BENEFIT PENSION PLAN; ROLLIE R. KELLEY; C.L. PHILLIPS & ASSOCIATES, INC. , PROFIT SHARING PLAN FBO PHILLIPS; J. & R. COMPANY (A NOMINEE PARTNERSHIP) ; RICHARD J. BLAIR; WALTER E. BAUER and NORMAN L. MOORMEIER to secure '. $700,000 . 00 dated . : September 29 , 1988 recorded : October 28 , 1988 in Book 1214 as Reception No. 02160089 890271 PAGE 32 8027346 NOTE : The following notices pursuant to CRS 9-2 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1 , 1981 in Book 949 as Reception No. • 1870705 . (b) Colorado Interstate Gas Company, recorded , _ August 31 , 1984 in Book 1041 as Reception No 1979784 . (c) Associated Natural Gas, Inc . , recorded March 3 , 1988 in Book 1187 as Reception No. _. 2132709 . (d) Union Rural Electric Association, Inc . , recorded October 5 , 1981 in Book 949 as -- Reception No. 1871004 . - (e) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (f) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (g) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300 . - (h) Panhandle Eastern Pipe Line Company; recorded June 26 , 1986 in Book 1117 as Reception No. 2058722 . • 890271 PAGE 33 8027346 t Continuedlraaaectc of Front Cover Conditions and Stipulations have been provided the Company,a proof land,or cures the claim of=marketability of title,all as insured,in a rea- of loss or damage signed and sworn to by the insured claimant shalt be sonably)gent manner by any method,including litigation-and the com- furnished to the Company within 90 days after the insured claimant sire pletion ofany appeals therefrom,it shall have fully performed its oblige- ascertain the facts giving rise to the loss or damage)-Th ,proof Moss lions with respect to that matter and shall not be liable for any loss or or-damage shall describe the defect in,or Ten or encumbrance on the damage caused thereby. title,or other matter insured against by this policy which constitutes the (b)In the event of any Iiligation,including litigation by the Company basis of loss or damage and-shali4Mte,to the extent possible,thebads or with the Company's consent,the Company shall have no liability for of calculating the amount of the loss or damage.If thetompany is pre)- loss or damage until there has been a final determination by_a court of udiced by the failure of the insured claimant to provide the required proof competent jurisdiction,and disposition of all appeals therefrom,adverse of loss or damage,the Company's obligations to the insured under the to the title as insured. policy shall terminate,including any liability or obligation to defen&pros- (c)The Companyshall not be liable for loss or damage to any insured ecute, or continue any litigation, with regard to the matter or matters for liability voluntarily assumed by the insured in settling any claim or requiring such proof of loss or damage- suit without the prior written consent of the Company. In addition,the insured claimant may reasonably be required to sutelet to examination under oath by any authorized representative of the Corn- 10. REDUCTION OF INSURANCE; pany and shall produce for examination,inspection and copying,at.such REDUCTION OR TERMINATION OF LIABILITY. reasonable times and places as may be designated by any authorized rep- All payments under this policy,except payments made for costs,attor- resentative of the Company,all records, books, ledgers,checks,corre- neys'fees and expenses,shall reduce the amount of the insurance pro spondence-and memoranda,whether bearing a date before or after Date tanto. of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company,the insured 11. LIABILITY NONCUMULATIVE. claimant shall grant its permission,in writing,for acopy zed repre- It is expressly understood that the amount of insurance under this sentative of the Company to examine,inspect and copy all records,books, policy shall be reduced by any amount the Company may pay under any ledgers,checks,correspondence and memoranda in the custody or con- trol of a third party,which reasonably pertain to the loss or damage.All Policy insuring a mortgage hereafter executed by the insured or assumed -- information designated as confidential by the insured claimant provided or agreed to by the insured and which is a charge or lien on the estate - to the Company pursuant to this Section shall not be disclosed to others or interest described or referred to in Schedule A.and the amount so unless,in the reasonable judgment of the Company,it is necessary in the paid shall be deemed a payment under this policy to the insured owner administration of the claim.Failure of the insured claimant to submit for 12. PAYMENT OF LOSS. examination under oath,produce other reasonably requested informa- tion or grant permission to secure reasonably necessary information from (a)No payment shall be made without producing this policy for endorse- third parties as required in this paragraph shall terminate any liability of ment of the payment unless the policy has been lost or destroyed, in the Company under this policy as to that claim. which case proof of loss or destruction shall be furnished to the satis- faction of the Company 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; - TERMINATION OF LIABILITY. (b)When liability and the extent of loss or damage has been definitely -fixed in accordance with these Conditions and Stipulations,the loss or In case of a claim under this policy, the Company shall have the fol- damage shall be payable within 30 days thereafter lowing additional options: (a)To Pay or Tender Payment of the Amount of Insurance.To pay or 13. SUBROGATION UPON PAYMENT OR SETTLEMENT tenderpayment of the amount of insurance under this policy together (a)The Company's Right of Subrogation.Whenever the Company shall with any costs,attorneys'fees and expenses incurred by the insured have settled and paid a claim under this policy,all right of subrogation claimant, which were authorized by the Company, up to the time of shall vest in the Company unaffected by any act of the insured claimant. payment or tender of payment and which the Company is obligated to The Company shall be subrogated to and be entitled to all rights and payremedies which the insured claimant would have had against any person Upon the exercise by the Company of this option, all liability and or property in respect to the claim had this policy not been issued. If obligations to the insured under this policy, other than to make the requested by the Company,the insured claimant shall transfer to the Com- payment required,shall terminate,including any liability-or obligation to pany all rights and remedies against any person or property necessary defend, prosecute,or continue any litigation,and the policy shall be . in order to perfect this right of subrogation.The insured claimant shall surrendered to the Company for cancellation. permit the Company to sue,compromise or settle in the name of the (b)To Pay or Otherwise Settle With Parties Other than the Insured or insured claimant and to use the-name of the insured claimant in any trans- _ With the Insured Claimant. - action or litigation involving these rights or remedies. CO to pay or otherwise settle with other parties for or in the name If a payment on account of a claim does not fully cover the loss of the of an insured claimant any claim insured against under this policy,together insured claimant,the Company shall be subrogated to these rights and with any costs,attorneys'fees and expenses incurred by the insured remedies in the proportion which the Company's payment bears to the claimant which were authorized by the Company up to the time of pay- whole amount of the loss. -ment and which the Company is obligated to pay;or If loss should result from any act of the insured claimant,as stated (ii)to pay or otherwise settle with the insured claimant the loss or above,that act shall not void this policy,but the Company,in that event, damage provided for under this policy,together with any costs,attorneys' shall be required to pay only that part of any losses insured against by fees and expenses incurred by the insured claimant which were author- this policy-which shall exceed the amount, if any, lost to the Company ized by the Company up to the time of payment and which the Company is obligated to pay by mason of the impairment by the insured claimant of the Company's Upon the exercise by the Company of either of the options provided right of subrogation. for in paragraphs(b)(i)or(ii),the Company's obligationsto the insuredp y' The right omubrog Rights Against Non uredrod Oorigsha The Cond under this policy for the claimed loss or damage,other than the payments ha include,o without limit ioagn,the ht non-insured the obligors to indemnities,exist and required to be made,shall terminate,including any liability or obligation shall other policies cies of in rights bonds,insured odinay to defend,prosecute or continue any litigation. guaranties,moconditions contained o insurance n trume is whichtpr any terms or o in those instruments which provide for 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. subrogation rights by reason of this policy. This policy is a contract of indemnity against actual monetary loss or 14. ARBITRATION. r damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and Unless prohibited by applicable law,either the Company or the insured only to the extent herein described. may demand arbitration pursuant to the Title Insurance Arbitration Rules (a)The liability of the Company under this policy shall not exceed the ----of the American Arbitration Association.Arbitrable matters may include, least of: but are not limited to,any controversy or claim between the Company (i) the Amount of Insurance stated in Schedule A;or, and the insured arising out of or relating to this policy,any service of the (ii)the difference between the value of the insured estate or inter- Company in connection with its issuance or the breach of a policypro- est as insured and the value of the insured estate or interest subject to vision or other obligation.All arbitrable matters when the Amount of Insur- the defect,lien or encumbrance insured against by this policy ance is$1,000,000 or less shall be arbitrated at the option of either the (b)In the event the Amount of Insurance stated in Schedule A at the Company or the insured.All arbitrable matters when the Amount of lnsur- Date of Policy is less than 80 percent of the value of the insured estate ance is in excess of 51,000,000 shall be arbitrated only when agreed to or interest or the full consideration paid for the land,whichever is less, by both the Company and the insured.Arbitration pursuant to this policy or if subsequent to theDate of Policy an improvement is erected on the and under the Rules in effect on the date the demand for arbitration is land which increases the value of the insured estate or interest by at least made or,at the option of the insured,the Rules in effect at Date of Policy 20 percent over the Amount of Insurance stated in Schedule A,then this shall be binding upon the parties.The award may include attorneys'fees Policy is subject to the following: only if the laws of the state in which the land is located permit a court to (i) where no subsequent improvement has been made,as to any award attorneys'fees to a prevailing party.Judgment upon the award ren- partial loss,the Company shall only pay the loss pro rata in the propor- dered by the Arbitrator(s)may be entered in any court having jurisdic- tion that the amount of insurance at Date of Policy bears to the total value tion thereof. of the insured estate or interest at Date of Policy;or The law of the situs of the land shall apply to an arbitration under the (ii)where a subsequent improvement has been made,as to any Title Insurance Arbitration Rules. partial loss.the Company shall only pay the loss pro rata in thepropor- A copy of the Rules may be obtained from the Company upon request. tion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and 15. LIABILITY LIMITED TO THIS POLICY; the amount expended for the improvement. POLICY ENTIRE CONTRACT. The provisions of this paragraph shall not apply to costs,attorneys fees (a)This policy together with all endorsements,if any,attached hereto and expenses for which the Company is liable under this policy,and shall by the Company is the entire policy and contract between the insured only apply to that portion of any loss which exceeds, in the aggregate, and the Company.In interpreting any provision of this policy,this policy 10 percent of the Amount of Insurance stated in Schedule A. shall be construed as a whole. (c)The Company will pay only those costs,attorneys'fees and ex- (b)Any claim of loss or damage,whether or not based on negligence, penses incurred in accordance with Section 4 of these Conditions and •and which arises out of the status of the title to the estate or interest coy-. Stipulations. ered hereby or by any action asserting such claim,shall be restricted to 8. APPORTIONMENT. this policy. (c) No amendment of or endorsement to this policy can be made If the land described in Schedule A consists of two or more parcels except by a writing endorsed hereon or attached hereto signed by either which are not used as a single site,and a loss is established affecting the President, a Vice President, the Secretary, an Assistant Secretary, one or more of the parcels but not all, the loss shall be computed and ` or validating officer or authorized signatory of the Company. - settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate 16. SEVERABILITY parcel to the whole, exclusive of any improvements made subsequent In the event any provision of the policy is held invalid or unenforceable to Date of Policy unless a liability or value has otherwise been agreed under applicable law,the policy shall be deemed not to include that pro- upon as to each parcel by the Company and the insured at the time of vision and all other provisions shall remain in full force and effect. the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 17. NOTICES,WHERE SENT. 9. LIMITATION OF LIABILITY All notices required to be given the Company and any statement in -writing required to be furnished the Company shall include the number (a)If the Company establishes the title.or removes the alleged defect, of this policy and shall be addressed to the Company at PO. Box 2370. lien or encumbrance,or cures the lack of a right of access to or from the Dublin,California 94568,or at the Policy Issuing office. 89-0271 -< Li)- 1—LR 9 Reception '4-1. 7 (21J!IT CLAIM DEED JAMPS W. FELL whose address is 550 S. Wadsworth Blvd. , Suite 200, Lakewood, Colorado Count >f , and State of for the consideration of Ten Dollars and other good and valuable consideration Dollar, in hand paid, here-by sell(s) and quit claim(s) to BEBE DRAW FARMS, LID. , a Colorado limited partner- ship w•hose address is 1551 rarirrer, Suite 2706, Denver, Colorado County of , and State of ,the following real property, in the County of Weld ,and State of Colorado,to wit: Lot 13, BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FII.SNG under Revised Plat and Dedication recorded April 12, 1988 in Bock 1192 as Reception No. 2137453, County of Weld, State of Colorado • also known as street and number: unincroved land; no street address with all its appurtenances Signed this /3 1 day-of January , 19B Janes W. Fe 1 STATE OF COLORADO. 1 County di hr;" - The foregoing-instrument a w:�e ac knuwieii g �i� ore m /] day of January, eths � 1989 ,by James W. Fell. Myaommii,on expires 7 , - L3 /c; 'N! un :^...�d `4,-(2 ,2 .,�,` %,: t L.j s-�« �i t2 890271 R,.ro nled ni. I - I9- 1 �� Reception No. Z -�-83 o. � _ QUIT CLAIM DEED THOMAS A. BURK whose address is 1551 Lari[rer, Suite 2706, Denver, Colorado 80202 Csunt5-.3F , and �ta:e if ,for the consideration of Ten Dollars and other good and valuable consideration Dollars,in hand paid, hereby sell(s) and quit claim(s) to BEEBE DRAW FARMS, LTD. , a Colorado limited partner— ship whose address is 1551 iarimer, Suite 2706, Denver, Colorado County of , an-61 Sta*e of ,the following e real property,in the County of Weld ,and State of Colorado,to wit: Lot 14, • BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING under Revised Plat and Dedication recorded April 12, 1988 in Pmk 1192 as Reception No. 2137453, County of Weld, State of Colorado • also known as street and number : unimproved land; no street address with all its appurtenances - - Signed this 13th day-of January ,198 . Thomas . Burk STATE OF COLORADO, ss. City & Countyne Denver The forgoing,instrument was acknowledged before me this 13th day ,f January, t989 . b: Thomas A. Burk. My commission expires 3/31/92 n _ • 2.fl w IT:i ES5 my hand and official se al. ELLIE MOV!CK'''''- '''°"- gg-p211 er < 1222 - ly- g9 Recorded d at up,-p' i„nL - _. . �t..2.Reception No. 1 p_d-_? 0-.L_ . Recorder. QUIT CLAIM DEED DAVID B. PATSTCN whose address is 1610 Wynkoop, Suite 500, Denver, Colorado County of , and Stag of , for the consideration of Ten Dollars and other good and valuable consideration Dillare, in hand paid, hereby sell(s) and quit claim(s) to BEEBE DRAW FARMS, _LTD. , a Colorado limited partner- ship whose-address is 1551 Tarimer, Suite 2706, Denver, Colorado County of , a'v S-r `s of ,the following real property,in the County of Weld ,and State of Colorado,-to wit: Lot 15, BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING under Revised Plat and Dedication recorded April 12, 1988 in Book 1192 as Reception No. 2137453, County of Weld, State of Colorado • • • also known as street and number : unimproved land; no -street address with all its appurtenances - - Signed this 13 day of January ,1989. B. David B. Patston STATE OF COLORADO, ' ss. County or De?Ii 'cr The foregoing instrument`- as acknowledged before me this I ='L day of January, 19 89,by David B. Patston. WY commission expires C.�- --'t.I �f ,2 y1 WITNESS my hand and offk,al dq uL ;-.l-17 h 11 /,1 /7—j PI C ? (/, • 890271 8' nk 17.11 (— f9- 9' M- �j Yrlor6 . __ _ _ [t, ',, iorl Nu. ._.. _S J_ o. ___ Rorordrr. QM' CLAIM DEED ALE< E. CLARK whose address is 2331 W. Kiowa, Colorado Springs, Colorado 80903 County of , and rata of , for the consideration of Ten Dollars and other good and valuable consideration Dollars,in hand paid, hereby sells) and quit claim(s) to BEEBE DRAW FARMS, LTD. , a Colorado limited partner- ship whose address is 1551 iarimer, Suite 2706, Denver, Colorado County of ,and Soto of ,the following real property, in the County of Weld ,and State of Colorado, to wit: Lot 16, BEEBE DRAW FARMS AND EQUESTRIAN OFFER, FIRST FILING under Revised Plat and Dedication recorded April 12, 1988 in Bock 1192 as Reception No. 2137453, County of Weld, State of Colorado also known as street and number : unimproved land; no street address with all its appurtenances - - Signed this / 3 day of January ,1989. Alex E: Clark STATE OFrOLORADO, 1 County of _ J The foregoinrin_trument wa+ acknowiedg-ed before me this j ` day of January, c: 89,:,.' Alex E. Clark. m. CVlt rmsitI1 expi l'es iT'J G:iS my hand .Ind vi fi r.:.; -e'.ri. • - - - A.iar. :ui•li, ELLIE 1,40\110K • 894)2'71 WELD COUNTY REORGANIZED SCHOOL DISTRICT RE-1 LA SALLE - GILCREST • PLATTEVILLE GILCREST. COLORADO 80623 July 12, 1985 Beebe Draw Land Company, Ltd. 1551 Larimer, Suite 2706 Denver, CO. 80202 Morris Burk, General Partner Dear Mr. Burk, The Board of Education of Weld County School District RE-1 at the July 11, 1985 meeting approved by unanimous vote approved your memo of understanding dated June 18, 1985. When the deed is received, we will need your certification of the market valve of the property for inclusion in the asset portion of our balance sheet. Sincerely, David H. Seiler Acting Superintendent cc: Weld County; Rod Allison Case Number S-247:-85:4 S. Robert Houtchens Board of Education 890271 BEEBE DRAW LAND COMPANY. LTD. 1551 LARIMER. SUITE 2706 DENVER. COLORADO 80202 PHONE 620-0967 Weld County School District RE-1 June 18 , 1985 1065 Birch Gilcrest, CO 80623 ATTN: Mr. Dave Seiler, Deputy Superintendent Gentleman: Pursuant to the subdivision regulations of Weld County, we are requesting that you confirm to the Board of County Commissioners our mutual understanding with respect to our agreement to donate to you a potential school site at Beebe Draw Farms . Our understandings are: 1. The site will be deeded to you on or before the recording of the plat for filing No. 2 in the PUD. 2 . The site, consisting of approximately 23 acres, more or less , is shown on The Master Sketch Plan for the PUD and i-s located in the NE4 or the NEa of Section 5 , Township 3 North, Range 65 West of the 6th P.M. A certified survey of the site will be prepared at our expense and furnished to you with the deed. 3 . You agree to accept this site witn it being understood that: (a) You shall be under no obligation to build a school on the site at any time or use the site for any purpose . (b) Your obligation to Provide public education to residents of District RE-1 shall not be affected by your acceptance of the site. 890271 Weld County School District RE-1 ATTN: Mr Dave Seiler Page 2 (c) The deed of conveyance will contain a restrictive covenant by which you will agree that the site will be used only for school purposes or purposes allowed under Weld County' s R-1 zone as now in -effect. (d) The deed shall convey the site free of any mortgages or deeds of trust. If the foregoing terms correctly state the terms under which you have agreed to accept a deed to the site, please so indicate by signing below. A copy of this letter will be submitted to Weld County to indicate your agreement to accept the site . Sincerely, BE E DRS 9 LAND CO:•SPANY, LTD. 4) Morris Burk, General Partner APPROVED: WekdCounty School .Dist c>.RE-1 By i 890271 BEEBE DRAW LAND COMPANY, LTD. 1551 LARIMER, SUITE 2706 DENVER.COLORADO 80202 PHONE 62O0967 June 19 , 1985 LaSalle Fire Protection District 119 Main La Salle , CO 80645 Attention : Robert Sandau , President Gentlemen : Pursuant tc the subdivision regulations of Weld County , we are reaueseting that you confirm to the Board of County Commissioners our mutual understanding with respect to our agreement to furnish you with a site for possible future loca- tion of a fire station. Our understandings are : 1 . The site will be deeded to you on or before the recording of the plat for Filing No. 2 in the PUD. 2 . The site , approximately one acre in size , will be located in Section 4 , Township 3 North , Range 65 West of the 6th P.M. , Weld County , Colorado, at the southwest corner of the intersection of Weld County Road 38 and the Present road running down the center of Section 4 . The location of the site will be legally described by a certified survey, a copy of which will be furnished to you with the deed. 3 . You agree to accent this site with it being undersood that (a) The acceptance of a deed to the site in no way commits the District to construct a fire station or any other fire fighting facilities on the site. (b) The deed of conveyance will contain a covenant restricting use of the site to fire protection and related uses or those permitted under Weld County ' s present zoning regulations for an R-1 classification . 89C271 -2- (c) The deed of conveyance will convey the site free of any mortgages or deeds of trust. If the foregoing correctly states the terms upon which you have agreed to accent a deed to the site please so indicate by signing below. A copy of this letter will be submitted to Weld County to indicate your agreement to accent the site. Sincerely, r BEE 1 DnRAAW ° nND/ COMPANY, LTD. By M4 � 'Y'Ki Morris Burk , General Partner APPROVED: LA SA LEA FIIRE PRO ACTION DISTRICT./4 / Bv 890271 STATE OF COLORADO 5 S CERTIFICP'''c OF TAXES DUE !s COUNTY OF I, the undersigned, County Treasurer in and-for said County,do hereby certify that there-are no unpaid taxes,or unrede m d tax sales,as appears of record in the office, on the following described property,to-wit: TR NO. PARCEL 4939386 Ii i;E LOTS 1 i H R U 81 —PT L82—LOTS 83 T I--1 R I I 131 NAME 621 21 30630 0000 R PT L132 -- LOTS 133-134-135 .—. PT L1 :36 & PT 1...1 3'7._ I+l:—EI{l=: DRAW FARMS LTD PT L170 & NT L1 '9 ALI... L180 & PT I...i81 TOGETHER VENDOR NO. WITH COMMON AREA BC:EBE DRAW FARMS & EQUESTRIAN! ' DEEBE: DRAW FARMS INC CENTER METROPOLITAN DISTRICT M/64 EXCEPT— 1988 TAXES $287.32 INTEREST DUE $0.00 TOTAL. AMOUNT DUE FOR THIS PARCEL.. IS $267,.:{• This does not include land or improvements -assessed separately or special District assessments unless specifically requested JANUARY 20 , 1 909 FRANCIS M.LOUSTALET 890271 TREA747OF WELD COUNTY By /A/6- • 4-1 STATE OF COLORADO S 5 CERTIFICA'"' OF TAXES DUE COUNTY OF4...LD f1 I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unrede ed tax sales,as appears of record in the office,on the following described property,to-wit: TR NO. PARCEL 4939986 BD♦;.-•-1 PT L02 --• F'3 I.-132 — PT L136 & 137 -. ALL NAME 6212i 309000 00 R LOTS' 138 THRU 169 .._ PT L170 -• LOTS•.! 1 7 1 TI-II=I.1 178— VENDOR BEEBE DRAW FARMS LTD PT I_1 79 -• PT Li 81 •-• ALLLOTS 182 f FIF U 195—PT OF NO, BEEBE DRAW FARMS PARKWAY TOGETHER WITH COMMON BEEBE DRAW FARMS INC AREA BEEBE DRAW FARMS & EQUESTRIAN CENTER M/65 METROPOLITAN DISTRICT EXCEPT— i 988 TAXES $14'2..78 INTEREST DUE $0.00 TOTAL AMOUNT DUE FOR THIS PARCEL IS $142.78 This does not include land or improvements assessed separately or special District assessments unless specifically requested. JANUARY 20 , 1989 8� � FRANCIS M.LOUSTALET TREASURER OF WELD COUNTY c '� By STATE OF COLORADO CERTIFICATC OF TAXES DUE S. S. COUNTY OF •._LD I, the undersigned, County Treasurer in and for said County,do-hereby certify that there are no unpaid taxes,or unredeemed-t x sa s, as appears of record in theoffice,on the following described-property,to-wit: TR NO. PARCEL 0':1 i•�'fj?07 I:+DE--0A OUTLOT A :BE::C.-:B DRAW FARMS EQUESTRIAN 1 I A NAME 6212.1 303000040 P CENTER METROPOLITAN DISTRICT. BEET E DRAW FARMS LTD VENDOR NO. BEEBE DRAW FARMS LTD M/63 EXCEPT— 1900 TAXES $226. 16 INTEREST DUE $0.00 TOTAL AMOUNT DUE FOR THIS PARCEL IS $226. 16 • • • • This does not include land or improvements assessed separately-or-special District assessments unless specifically requested. JANUARY 2>0 , 1909890271 FRANCIS M.LOUSTALET TR‘'fr.'//(f-Y/. RQ F WELD COUNTY [,) _.1�f'7 Ct ,"� Landmark ENGINEERING Ltd. January 17, 19-89 Project No. 3290-01 RE: Beebe Draw Farms Potable Water Supply System To Whom It May Concern: The water system design and plans, and specifications for construction of water system improvements to serve the Beebe Draw Farms Development are being, and have been, prepared to meet the minimum requirements of the Central Weld County Water District, the LaSalle Fire Protection District, the Weld County Health Department and the Colorado Department of Health. If you have need of additional information or questions, please so advise. Respectfully, Landmark Engineering Ltd. Dale D. Olhausen Colo. P.E. 5007 DDO/ej 890271 3521 West Eisenhower Blvd. Dale D. Olhausen. P.E. & L.S. Loveland, Colorado 80537 President ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS Loveland (303) 667-6286 • Greeley (303) 356-6286 • Denver (303) 629-7124 ,rX Corporation MI X Engineers Architects Scientists Greeley,CO • Grand Junction,CO Provo,UT • Tempe,AZ-• Riverton,WY A Division of Versar, Inc. January 20, 1989 Beebe Draw Ltd. 1551 Larimer St., Suite 2706 Denver, CO 80202 Gentlemen: SUBJECT: BEEBE DRAW FARMS AND EQUESTRIAN CENTER REPLAT OF FIRST FILING, WELD COUNTY, COLORADO PROJECT NO. 83255.02 This letter is to certify that to the best of our knowledge and belief, the road plan and profile, typical section and drainage for the roads shown on sheets 28, 31, 32, 33, 34, 35, 36, 37, 40 and 44 of the above refenced plans, have been designed in accordance with the guidelines in the Colorado Department of Highways Road Design Manual for Type E gravel roads. Sincerely, ARIX Corporat 'ono`1A°o •A�6.� J ,a . _ , glit—i._ Joh D. Allis, Jr. , P.E. 24496 : = gat •,: JDA/pt ..�. .A.�� / 800 Eighth Avenue Greeley.CO 80632-2021 303-356-3930 89£271 SECOND RESTATED DECLARATION OF COVENANTS , CONDITIONS AND RESTRICTIONS FOR BEEBE DRAW FARMS AND EQUESTRIAN CENTER THIS SECOND RESTATED DECLARATION is made as of the day of , 198.9 by BEEBE DRAW FARMS, LTD. , a Colorado limited partnership ( "Declarant" ) . ARTICLE I Recitals and Declaration Declarant is the owner of certain real property located in Weld County, Colorado, more particularly described as REPLAT OF BEEBE DRAW FARMS AND EQUESTRIAN CENTER FIRST FILING as shown on the Plat ( the "_Replatted Property" ) . Declarant ' s predecessor in interest previously executed Declarations of Covenants recorded in the real property records of Weld County, Colorado, on December 31, 1983 under _Reception No. 02037656 in Book 1097 and on March 3 , 1988 under Reception No. 02132909 in Book 1187, respectively ( the "Prior Declarations" ) . Declarant intends by this Restated Declaration of Covenants, Conditions and Restrictions to amend, restate and supersede the Prior Declarations in full . Consequently, Declarant hereby declares that the Replatted Property shall hereafter be held, sold and conveyed subject to the following easements, restric- tions, covenants and conditions, which shall run with the land to the benefit of (and be binding on) all parties having any right, title or interest in the Replatted Property or any part thereof and their respective heirs , successors and assigns. ARTICLE II Definitions 2 . 01 "Architectural Control Committee" or the "Committee" shall mean the committee appointed as provided in section 6. 02 below and having the duties set forth therein. 2 . 02 "Association" shall mean and refer to Beebe Draw Farms Property Owners Association, a Colorado nonprofit corporation, its successors and assigns. The Association shall be governed by its Articles of Incorporation and Bylaws. The Association is the entity which is sometimes referred to in the Plat as "BeeBe Draw Property Owners Association" . 2 . 03 "Board" shall mean the Board of Directors of the Association as it is constituted from time to time. 890271 2 . 04 "Common Area" shall mean, as to each and all of the Properties, the common open spaces shown on the Plat, whether in their natural conditic:, or improved as riding trails or any other sort of recreational area, which shall be owned by the Association for the common use and enjoyment of the Owners. 2 . 05 "Declarant" shall mean and refer to Beebe Draw Farms, Ltd. , its successors and assigns ; provided, however, that the rights and obligations of Declarant do not run with individual Lots and may only be transferred by an assignment in writing recorded in the real property records of Weld County, Colorado. 2 . 06 "District" shall mean and refer to the Beebe Draw Farms Metropolitan District. 2 . 07 "District Facilities" shall mean the following properties , rights and improvements shown on or referred to in the Plat and/or the PUD Plan, which shall be paid for and owned by the District for the exclusive or non-exclusive use and benefit of the Owners : ( a) the Equestrian Center buildings, parking areas , arenas and jumping courses ; (b) the water recreation facilities, which will be constructed on land lea-sed under the FRICO Lease, to- gether with such leased land; ( c) all roadways and storm drainage facilities ; (d ) the public water distribution system, including a pump station and all transmission lines ; (e ) the Entrance Gate House ; ( f ) the District Headquarters Building, which shall also serve as the office of the Association; (g) all recreational structures, including the clubhouse, swimming pool and tennis courts; (h) all components of any public transportation system developed by the District; and ( i ) all television relay and translation equipment installed or constructed by the District. 2. 08 "FRICO Lease" shall mean and refer to that certain Grazing and Recreational Lease dated March 1, 1987 between The Farmers Reservoir and Irrigation Company, a Colorado corporation, as the Lessor, and Beebe Draw Land Company, Ltd. , a Colorado limited partnership, as Lessee, as previously or subsequently amended, the rights of the Lessee thereunder having been assigned to the District. 89a 1 - 2 - 2 . 09 "Lot" shall mean and refer to any subdivided lot shown upon any recorded subdivision map of the Properties or any part thereof. 2 . 10 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract purchasers, but excluding those having such interest merely as security for the performance of an obliga- tion. No more than two unrelated persons may own any Lot. 2 . 11 "Plat" shall mean the REPLAT OF BEEBE DRAW FARMS AND EQUESTRIAN CENTER FIRST FILING, recorded , 1989 in Book as Reception No. of the real property records of Weld County, Colorado, as it may be modified or supple- mented from time to time. 2. 12 "Properties" shall mean and refer to the Replatted Property and such additional properties a-s may hereafter be made subject to this Declaration. 2. 13 "POD Plan" shall mean the approved Master Plan for the Properties as filed with the Weld County Planning and Zoning Department, as may be modified from time to time. ARTICLE III Use and Maintenance of Common Area and District Facilities 3 . 01 Owners ' Easement of Enjoyment. Declarant antici- pates that additional properties will be made subject to this Declaration, bringing the total number of Lots to as many as 800 and dedicating additional greenbelt and recreational areas ; the legal description of the annexable property is attached hereto as Exhibit A. All street and other public improvements to such additional properties shall be completed by Declarant or the District at no expense to the owners of individual Lots in previously-annexed Properties, and shall be consistent with the initial improvements in terms of quality of construction. All Owners will have equal rights to all the Common Area and the District Facilities, regardless of which plat boundary the area is in, and shall be members of the Association entitled to vote effective upon the recording of the pertinent Statement of Addi- tion (as described in paragraph 8 .10 below) . Each Owner shall have a right and easement of enjoyment in and to the Common Area and the District Facilities which shall be appurtenant to and shall pass with the title to his Lot, subject to the following provisions: (a) the rights of the Association or the District to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area or the District Facilities, as applicable; - 890271 (b) the right of the Association to suspend the voting rights and right of the Association to suspend the use of the recreational facilities by an Owner for any period during which an assessment or District taxes against his Lot remains unpaid, and for a period not to exceed sixty ( 60 ) days for any infraction of published rules and regulations; (c ) the right of the District to grant recreational use permits to non-Owners upon such terms and for such fees as it shall deem appropriate for use of the District Facilities ; and (d) the right of the owner or lessee of oil and gas rights to drill for and produce oil and/or gas from any legal drill site. 3. 02 Access Rights. The Owners , the Association and their respective tenants , guests , invitees and agents shall have rights of ingress and egress over all roads and rights-of-way shown on the Plat and other recorded plats of portions of the Properties to and from the Lots, the Common Area, the District Facilities and the public roads which abut the Properties. 3 . 03 Delegation of Use . Any Owner may delegate, in accordance with the By-laws, his right of enjoyment to the Common Area and the District Facilities to the members of his immediate family, his tenants , or contract purchasers who reside on the Lot. If a Lot is owned by a corporation, no more than four ( 4 ) individuals specifically designated by that corporation, shall be entitled to the use of the Common Area and the District Facilities. 3 . 04 Water Recreation Areas . The District will have , through an assignment to it of the FRICO Lease , the rights to utilize Milton Reservoir Lake ( the "Lake" ) for water recreation uses . All Owners will have the use of these rights subject to full compliance with the following: ( a) all of the provisions of this Declaration; (b) all of the provisions of the FRICO Lease ; and ( c) any additional rules and regulations governing the use of the Lake placed from time to time by the District or the Board. 3 .O5 Maintenance of Common Area and District Facilities . The Association shall be responsible for maintenance of the Common Area, and shall pay the cost of such maintenance through assess- ments against the Lots as provided in Article V below. The District Facilities shall be maintained by the District, which shall pay the cost of such maintenance from revenues generated by the District Facilities , other revenues of the District, and taxes levied by the District in accordance with applicable statutes . t39 C271. - 4 - 3. 06 Condemnation of Common Area. The Association shall have the right and obligation under all circumstances to represent the Owners in regard to any eminent domain proceeding concerning the Common Area. Any settlement or award in such proceeding shall be utilized by the Association to replace, to the extent practicable, the Common Area so taken. 3 . 07 Insurance. The Association shall maintain such hazard insurance, liability insurance and fidelity bond coverage in regard to the Common Area and the activities of the Association as may be required from time to time under any applicable govern- ment regulations or may be otherwise necessary or advisable, in the judgment of the Board. ARTICLE IV Membership and Voting Rights 4 . 01 Membership. Every Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. When more than one person holds an interest in any Lot, all such persons shall be members. 4 . 02 Classes of Membership. The Association shall have two classes of voting membership: (a) Class A. The Class A members shall be all Owners other than the Declarant, and shall be entitled to one vote for each Lot owned. The vote of any Lot owned by more than one person shall be exercised as all of such owners determine, but in no event shall more than one vote be cast with respect to any Lot. (b) Class B. The Class B member shall be the Declarant, which shall be entitled to three ( 3 ) votes for each Lot owned. - The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: ( i) when the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership, or ( ii ) on January 1, 2017. ARTICLE V Covenant for Maintenance Assessments 5 . 01 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot it now owns, hereby covenants and agrees (and each Owner of any Lot by contracting to - 5 - 823;:i purchase the Lot or by acceptance of a deed therefor, whether or not it shall be so expressed in such contract for deed, or such deed, is deemed to covenant and agree ) to pay to the Association: (a) annual assessments, and (b) special assessments for capital improvements, such assessments to be established and collected as hereafter provided. The annual and special assessments, together with late charges, interest, costs and reasonable attorneys ' fees, shall be a charge on the land and shall be a continuing lien in favor of the Association upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys ' fees , shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due . The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. 5 .D2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote recreation, health, safety and the welfare of the residents in the Properties and the improvement, maintenance and repair of the Common Area. 5. 03 Maximum Annual Assessment. For each calendar year up to and including the calendar year during which the first Lot was conveyed, whether by contract or by deed, by the Declarant to an Owner, the maximum annual assessment per Lot ( the "MAA" ) shall be $360 . The MAA shall automatically increase by 5% per year during each subsequent calendar year ( i .e. , to $378 for the first subsequent calendar year, to $396 . 90 for the following calendar year, etc. ) . The annual assessment for any calendar year to be established by the Board may not exceed the MAA appli- cable to such calendar year without the approval of 2/3 of the total votes of each class of members cast at a meeting of the members. 5 . 04 Special Assessment for Capital Improvements . In addition to the annual assessments authorized above, the Associa- tion may levy, in any assessment year, a special assessment appli- cable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of 75% of the total votes of each class of members cast at a meeting of the members. 5 . 05 Date of Commencement of Annual Assessments ; Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the convey- ance of the Common Area located within the Replatted Properties to the Association. The first annual assessment shall be adjusted - 6 - 890271 according to the number of months remaining in the calendar year . Written notice of the annual assessment shall be sent to every Owner subject thereto. The amount of the annual assessment and the due date ( s) shall be established by the Board. 5 . 06 Effect of Nonpayment of Assessments ; Remedies of the Association. The Bo?rd may establish a late charge of up to ten percent ( 10% ) of any assessment not paid within thirty ( 30 ) days after the due date . In addition, any assessment not paid within thirty ( 30 ) days after the due date shall thereafter bear interest at a rate established by the Board, which rate shall not exceed the maximum rate then permitted by applicable law. 'The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot concerned in the same manner as a mortgage is foreclosed in the State of Colorado. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 5 . 07 Subordination of the Lien to Mortgage . The Associa- tion ' s lien provided for herein shall be superior in priority to all other liens, except as may be provided by law and except any lien of the District and the lien of any first mortgage or first deed of trust. Sale or transfer of any Lot shall not affect the Association ' s lien, except that the sale or transfer of any Lot pursuant to foreclosure of any first mortgage or first deed of trust, or any proceeding in lieu thereof , shall extinguish the Association' s lien as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any amounts thereafter becoming due or from the Association' s lien relating thereto. 5 . 08 Uniform Rates of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis or any other basis specified by the Board. 5. 09 Weld County Powers Under Zoning Ordinance Not Superseded by These Covenants . If the Common Area and the District Facilities are not maintained by the Association or the District in reasonable order and condition in accordance with the PUD Plan, the Board of County Commissioners may enter upon the affected property and maintain the same following service of written notice and a hearing, all pursuant to Weld County zoning Ordinance , Section 28 . 6 . 6 or its successor regulations and Colorado Revised Statutes § 24-67-105( 6) , as amended. The cost of such maintenance by the Board shall be paid by the Owners , and any unpaid assessments shall become a tax lien on the Lots , pursuant to § 24-67-105 of the Colorado Revised Statutes , as amended. - 7 - 890271 ARTICLE VI Restrictive Covenants 6 . 01 Intent. It is the intent of these cotenants to protect and enhance the value , desirability and attractiveness of the Properti-es . Restrictions are kept to a mini-num while keeping in constant focus the right of the property Owners to enjoy their Property in attractive surroundings free of nuisances, undue noise and danger. Further, it is intended that the natural environment be disturbed as little as reasonably possible. • 6 . 02 Architectural Control Committee . The Board shall appoint an Architectural Control Committee of five persons, which shall have the duty to assure that each Lot complies with the covenants contained in this Declaration. Should any member die, become unable to serve , or resign, a successor shall be appointed by the Board. A member of the Committee can be removed and replaced by the Board in its discretion. The members of the Committee or its designated representatives shall be entitled to reasonable compensation for services performed pursuant to this Declaration if the Board so determines. 6 . 03 Approvals Required. The approval of the Committee shall be required for any change in the existing state of any Lot, which shall include , without limitation, the construction, alteration or expansion of any building, structure or other improve- ment, including utility facilities , fencing or recreational equip- ment; the destruction by voluntary action or the abandonment of any building, structure or other improvement; the excavation, filling or similar disturbance of the surface of land; the landscaping or planting of trees, shrubs , lawns or plants, including vegetation or flower gardening, or the clearing, marring, defacing or damaging of trees , shrubs or other growing things; and any change or altera- tion ( including change of the color or composition of exterior surfaces of buildings ) of any previously approved change in the existing state of any Lot_. No work shall be commenced to accomplish any proposed change in the existing state of any Lot until the Committee shall approve such change in writing. In the event any Owner is dissatisfied with any decision of the Committee with regard to such Owner' s Lot, such Owner shall have the right to appear before the Committee to seek such variance or relief as he deems appropriate ; however, the final decision of the Committee shall be conclusive on all matters within the scope of its authority under this Declaration, unless such decision was made in an arbitrary and capricious manner. 6. 04 Completion of Work After Approval . After approval of any work by the Committee , such work shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed work and with any plans and specifications therefor given to the Committee. Failure to complete such work within 12 months after the date of approval or to complete the proposed change strictly in accordance with such approval shall operate automatically to revoke approval , unless such 12-month period is extended by the Committee. 890271 - 8 - 6 .O5 Compliance With County Requirements . The approval of the Committee is separate and in addition to all approvals and permits which an Owner must obtain from Weld County and any other applicable governmental entities. 6 . 06 Building Standards ; Maintenance . ( a) No structure of temporary character, trailer, tent , recreational vehicle , shed, barn or other out- buildings , shall be kept on any Lot at any time between the house and street, or be used as a permanent residence . (b) No modular or kit-built homes shall be erected on any Lot. ( c ) The minimum size of the main dwelling shall be as follows : ( i ) One Story or Ranch: The ground floor area of the main structure of a one-story dwelling , exclusive of open porches , garages and walled patios , shall be not less than 1, 400 sq. ft. at grade . ( ii) Two Story: The first floor area of a two- story dwelling shall be at least 800 sq. ft. at grade . The second story shall also be at least 800 sq. ft. unless the house also has a full basement, in which case the second story shall have a minimum of 600 sq. ft. The required minimum square footage does not include porches, garages or walled patios. ( iii ) Split Level : A house of two or more levels above grade shall contain a minimum total of 1 , 600 sq. ft. ( for example : 9O0 sq. ft. ground floor and 700 sq. ft. second floor) . (d) No outbuildings or accessory buildings will be permitted unless connected by roof to the dwelling. Each Lot may have a stable and/or paddock area covering no more than 5% of the Lot area and located in the rear of the house , which can contain a storage building of no more than 10 ' x 12 ' at grade and a stable building of no more than 300 sq. ft. per permitted horse , and which shall have exterior finishes of the same materials and colors as the main dwelling . Any riding rings or arenas must also be included in the approved paddock area. (e ) No building shall be more than two and one- half ( 2-1/2 ) stories above grade. ( f ) The exterior of each dwelling or structure on any Lot shall be maintained in good repair. Painted or stained exteriors shall be properly maintained. 89C271 - 9 - (g) Each Lot shall have only one ( 1 ) dwelling unit and no Lot shall be subdivided for smaller home sites . (h) No subordinate or ancillary use by special review other than those permitted in the PUP Plan shall be allowed. ( i ) No dwelling can be constructed within 300 ft . of an existing oil or gas well or production facility. ( j ) Each dwelling shall be sited on the applicable Lot in order to take advantage of the topography and to cause the least amount of damage to the existing terrain. (k) Any swimming pool must ( i ) comply with all applicable governmental rules and regulations, ( ii ) have all necessary permits , ( iii ) be fenced in compliance with section 6. 14 , ( iv) be installed at or below grade, and (v) be covered and/or screened in accordance with a plan approved by the Committee . ( 1 ) All television or radio dishes, antennae and towers and all propane gas tanks must be painted and screened in accordance with a plan approved by the Committee. (m) Neither coal or fuel oil heating systems or stoves, nor any heater or furnace which emits pollutants in excess of EPA standards for residential areas, shall be permitted. (n) Any rooftop solar heating systems must be approved by the Committee and all solar panels shall be positioned so as not to be visible from adjoining Pro- perties . (o) The Owner of each Lot is responsible for main- taining his Lot and all improvements thereon in compliance with the requirements of this Declaration and otherwise in good condition and repair. 6 . 07 Setback Requirements. (a) All buildings shall be set back a minimum of fifty ( 50 ) feet from all Lot lines unless the rear Lot line of the Lot abuts a greenbelt area; in such case, the minimum set back from such rear Lot line shall be thirty (30) feet for a paddock and/or stable. (b) Any detached garage must be set back at least five ( 5 ) feet from the front building line of the dwelling. 6 . 08 Vehicles . No mobile homes or residential trailers shall be permitted on any Lot at any time. Trucks (other that pickups ) , trailers, boats, recreational vehicles or campers shall not be parked in front of any residence or on any subdivision - 10 - 830O271 road. Parking areas for these types of vehicles or equipment must be located on the side of or rear of the house and must be screened by appropriate fencing or landscaping approved by the Committee. 6 . 09 Landscaping. ( a) The area around all dwellings shall be adequately landscaped and maintained to provide a neat appearance . Dead trees shall be removed and must be replaced during the next planting season. (b) Within six ( 6 ) months of completion of the main dwelling a minimum of 15 trees shall be planted on the Lot. At least 10 shall be evergreen trees of which at least 5 shall be a minimum of 5 ft. in height. At least 5 shall be deciduous trees, of which at least 2 shall be a minimum of 10 ft. in height. ( c ) Other residential landscaping that is to be irrigated must be adjacent to the dwelling and shall be limited to an area no greater than 5% of the Lot, ex- cluding permitted landscaping within walled or fenced areas permitted pursuant to section 6 . 14 below. This limitation applies to gardens of all kinds. (d) No rock, plant material , top soil or similar items shall be removed from any other Lot or from the Common Area. 6 . 10 Refuse and Rubbish. Rubbish, garbage or other waste shall be kept in tightly closed containers and disposed of in a manner approved by the Association. No trash, litter or junk shall be permitted to remain exposed upon any Lot and visible from public or subdivision roads or adjoining or nearby Lots, except that material-s intended for construction may be stockpiled for not more than six months . - 6 . 11 Disabled Vehicles. No Owner shall keep or store upon any Lot a motor vehicle which is inoperable, unlicensed, or is being junked, dismantled, or wrecked, unless said vehicle is located within an enclosed building. No unhoused maintenance equipment shall be parked anywhere within the -Properties except on Outlot A. 6 . 12 Easements. Declarant hereby reserves nonexclusive easements for utilities and drainage purposes over the areas of each Lot lying within 25 feet of any boundary line; other easements for installation and maintenance, utilities, roadways, driveways and other such purposes are reserved as described or shown on the Plat. The Association shall have the right to grant additional permits , licenses and easements over the Common Area for utilities, and other purposes necessary for the operation or maintenance of the Common Area or the District Facilities. Such easements shall - 11 - 894-271 be kept clean and readily accessible. In addition, Declarant reserves a perpetual nonexclusive easement across the Properties for the existence and maintenance of all existing gas feeder lines ; provided, however, that any such lines located beneath the building envelope of any Lot shall , at the written request of the owner of such Lot prior to aommencemcnt of construction of such building, be relocated beyond such building envelope at the expense of Declarant. 6 . 13 Nuisances . (a) No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. (b) No firearms may be discharged on or from any Lot. ( c) No motorized vehicles (other than maintenance vehicles ) are allowed off roads or driveways . This specifically includes motor bikes, dirt bikes , snow mobiles and other recreational off-road vehicles . Owners will be assessed for any damages caused to any Common Area by use of any motorized vehicle of any type belonging to them, to their families or their guests. (d ) There shall be no hunting or discharging of firearms on the Common Area or on the District Facilities other than as may be permitted by rules and regulations adopted by the Association and the District. 6 . 14 Fences. No perimeter fencing will be permitted for any Lot. In addition, no other fencing will be permitted, except as follows : (a) an Owner may fence with decorative or privacy fencing or walls one or more areas adjacent to the dwelling, limited to a total area of 5% of the Lot; (b) the area within the fence for a swimming pool may be in addition to the 5% area limitation set forth in subsection (a) of this section; and ( c) up to an additional 5% of the Lot area may be fenced for a corral or paddock, and if horses are kept on the Lot, any such area must be fenced. The Committee will provide a list of acceptable fencing types and materials for corrals and paddocks. 6. 15 Animals. (a) Domestic pets may be kept for pleasure, but not for business purposes. For the purposes of this Declaration, those animals or birds with hooved, webbed or scaled feet, and any animal raised or kept for sale 891271 - 12 - or food, shall not be considered domestic pets. Thus, for example, ducks, geese and chickens are not consid- ered to be domestic pets . (b) Domestic pets must be under an Owner' s control at all times . (c) Only one horse per acre or fraction shall be kept on any Lot. No grazing of any horses on the Pro- perties will be allowed at any time. Private stables are allowed, but must conform to the provisions of this Declaration. Any horses kept on a Lot must be in a permitted fenced corral or paddock area unless being ridden. Each Owner with a horse or horses must dispose of manure before it becomes a fly or odor problem and must control dust in his paddock area. Notwithstanding the foregoing, if any recorded plat (or any amendment or supplement thereto, or any replat) affecting a Lot prohibits horses on such Lot or is more restrictive than the provisions of this Declaration regarding horses, the provisions of such plat (or any amendment or supple- ment thereto, or any replat) shall be deemed to control . (d) No Lot shall be used for raising animals for commercial purposes. (e) The number of horses and domestic pets shall be in accordance with Weld County regulations, if more restrictive than this Declaration. ( f ) Except as specifically permitted in this sec- tion, animals may not be kept or harbored on any Lot. (g) The Board may adopt from time to time regula- tions to control the numbers and types of pets allowed. 6 . 16 Signs. No sign of any kind shall be displayed to the public view on any Lot, except one sign having a surface area of not more than six square feet advertising the Lot for sale or -rent or used by a builder to advertise the property during the construction and sales period, which sign shall comply with any additional regulations adopted by the Committee. 6 .17 Driveways. Culvert pipes to cross road ditches or swales to gain access to individual Lots must meet county road and bridge requ-irements and must be set so as not to interfere with the drainage plans contained in the PUD Plan. 6. 18 Water and Sewage. Water will be furnished by the District in accordance with its regulations. Individual sewage disposal systems for each Lot shall comply with the requirements of the State of Colorado and Weld County Health Department. 6 . 19 Use of Lots. Lots may be used only for residen- tial purposes. No Lot may be used for any business or commercial - 13 - 890271. purpose. No Lot may be occupied by more than one family unit at any time. The previous sentence shall not prohibit temporary occupancy by nonpaying guests . 6 . 20 Construction on Lots . The Owner of a Lot shall be responsible for the following in connection with any changes in the existing state of any Lot (as defined in Section 6. 03 ) : (a ) compliance by all contractors and other agents and subagents of such Owner with the provisions of this Declaration and any rules and regulations adopted by the Board or the Committee; and (b) paying for the repair or replacement of any damage to the Common Area or any other Lot caused by any such activities . ARTICLE VII Soil Management The Association will maintain a contract, as Cooperator, with the Platte Valley Soil Conservation District which will provide greenbelt management policies to prevent erosion of the Common Area and protect the existing environment. ARTICLE VIII General Provisions 8. 01 Published Standards and Regulations. The Committee and the Board may, in conjunction with each other or separately, adopt, distribute or otherwise make available to the Owners and their representatives written architectural standards and rules and regulations supplementing (but consistent with) the general standards and regulations set forth in this Declaration. A viola- tion of any of such rules and regulations shall be deemed to be a -violation of the provisions of this Declaration. 8. 02 Term of Covenants. These covenants and restrictions are to run with the land and shall remain in full force and effect for twenty ( 20 ) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten ( 10 ) years unless an instrument signed by 75% of the then Owners and First Mortgagees of the Lots has been recorded amending this Declaration in whole or part. 8. 03 Compliance Certificate. The Association shall, upon demand, and for a reasonable charge established from time to time by the Board, furnish a certificate signed by an officer of the Association setting forth whether the assessments for a speci- fied Lot have been paid and whether the Association has any know- ledge that such Lot is not in compliance with the restrictions set forth in this Declaration. - 14 - 8902 !'1 8 . 04 Declarant May Assign. Declarant may assign any and all of its right, powers, obligations and privileges under this instrument to any other corporation, association or person. 8 . 05 Enforcement. The Board may establish a schedule of fines to be imposed for violations of the provisions of this Declaration. Unpaid fines shall constitute a lien against the Lot owned or occupied by the violator and shall be subject to the provisions of sections 5 . 01 , 5 . 06 and 5 . 07 as if such unpaifi fines were unpaid assessments . The Association, or any Owner, shall have the right to enforce, by any proceeding -at law or in equity, all restrictions , conditions , covenants , reservatiohs, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 8 . 06 Curing of Violations by Association. If an Owner continues to violate a provision of this Declaration, the Associa- tion may (but shall not be obligated to) cause such violation to be cured (e .g . , by causing the removal of trash from such Owner' s Lot) . In such event, the amounts spent by the Association toward the curing of such violation shall be promptly reimbursed to the Association by such Owner. Any unreimbursed amounts shall consti- tute a lien against the Lot owned or occupied by the violator and shall be subject to the provisions of sections 5. 01, 5 . 06 and 5 . 07 as if such amounts were unpaid assessments . 8 . 07 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no - way affect any other provisions which shall remain in full force and effect. 8 . 08 Amendment. This Declaration may be amended by the affirmative vote of 75% of the total votes of each class of members cast at a meeting of the members, subject to the rights of First Mortgagees to approve certain amendments as set forth in paragraph 8. 11(c) below. Any such amendment shall be effective upon the recording, in the real property records of Weld County, Colorado, of a notarized document executed by the President and the Secretary of the Association ( i ) setting forth the contents of such amendment, ( ii) stating that such amendment was approved in accordance with the provisions of this section, and ( iii) stating that such amendment was not objected to by the Weld County Board of Commissioners . 8. 09 Limited Liability. Neither Declarant, the Associa- tion, the Board, the Committee nor any member, agent or employee of any such entity shall be liable to any person for any act or for any failure to act with respect to any matter if the act or failure to act was in good faith and without malice, and Declarant, the Association, the Board, the Committee, and any member, agent or employee of the same shall be reimbursed by the Association for any costs and expenses , including but not limited to attorneys ' - 15 - 890271 fees , reasonably incurred by them with the prior approval of the Association (which approval shall not be unreasonably withheld or delayed) as a result of threatened or pending litigation in which they are or may be named as parties. 8 . 10 Addition of Property. Declarant may make additional properties subject to this Declaration at any time within seven years after the recording of this Declaration by recording a State,nent of Addition describing such additional properties and referring to this Declaration. Any such additional properties must be located within the boundaries of the PUD Plan. • 8 . 11 Provisions Regarding Mortgagees. (a) Copies of this Declaration, the Bylaws of the Association, the financial statements of the Association and the District, and all rules, account books and other records relating to the Association or the District shall be available at the offices of the Association and the District during normal business hours for inspec- tion by the beneficiaries and any guarantors of first- priority mortgages or deeds of trust secured by Lots ( "First Mortgagees" ) . (b) Any First Mortgagee which provides to the Association its name and address and the number of the Lot encumbered by its mortgage or deed of trust shall receive timely notice of the following matters : ( 1) any condemnation or casualty loss that affects either a material portion of the Properties or the Lot securing such mortgage ; ( 2 ) any 60-day delinquency in the payment of assessments or charges owed by the owner of such Lot; ( 3) any lapse , cancellation or material modifi- cation of any insurance policy or fidelity bond maintained by the Association; and ( 4 ) any proposed action which requires the consent of a -specified percentage of eligible mortgage holders. (c) No amendment to this Declaration of a material nature shall be effective as to any First Mortgagee unless at least 51% of the First Mortgagees at the time such amendment was adopted have approved such amendment. Since this Declaration provides that the Properties will be developed as a community of large-lot single- family homes, no proposed amendment to this Declaration shall be considered material for the purpose of this subparagraph (c) unless it effects a substantial change in the overall nature of the project or in any provision which expressly benefits First -Mortgagees or insurers. 893271 - 16 - 8 . 12 Gender; Number. Pronouns of any gender contained herein shall include the other genders, and either the singular or plural shall includ.2 the other, as the context requires. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1989. DECLARANT: BEEBE DRAW FARMS, LTD. , a Colorado limited partnership By Morris Burk, General Partner Beebe Draw Farms Property Owners Association, a Colorado nonprofit corporation, hereby joins in the execution of this Declaration to consent to its terms and conditions and to evidence acceptanceof its obligations hereunder. BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION, a Colorado nonprofit corporation By Morris Burk, President STATE OF COLORADO ) ss.COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1989, by _Morris Burk as General Partner of Beebe Draw Farms, Ltd. , a Colorado limited partnership. WITNESS my hand and official seal. My commission expires: (S E A L) Notary Public - 17 - 890271 STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1989 , by Morris Burk as Presi- dent of Beebe Draw Farms Property Owners Association, a Colorado nonprofit corporation. WITNESS my hand and official seal . My commission expires : ( S E A L) Notary Public - 18 - 833.271 00 , r 0 Swisigavo„ssel....** Alaitrep._1,- , - H' `} N + �• ry S H NJ� DEPARTMENT OF N. • ,,. ' CERTIFICATE. STATE NATALIE MEYER , 92erAe of Wale of the Stk of Woktada h0,4 cern fiat the f e/meritilea k the tmacaece of Mid. ceititileak have leein /L/fl ed in ram$dicence with Imo aizd ate bend to conimsn to late. dccc/idvn , Me unoimMe necl ty tease of die a&,044 'ediec` an me l , hm,ety i( ,ceim A CERTIFICATE OF INCORPORATION TO EEEEE DRAW FARMS PROPERTY OWNERS ASSOCIATION. A NONPROFIT CORPORATION �E� a �ry , )51 h Y-a-tai-e.,D / f(\, SECRETARY OF STATE DATED: MAY a 198_l 890271 LI NOT FOR PROFIT G V a 6 ' 0 0 TILED ARTICLES OF INCORPORATION MAY -8 1985 OF STATE Li' COLORADO DEPARTMENT OF STATE BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION In compliance with the requirements of the Colorado Nonprofit Corporations Act, the undersigned, a resident of Denver, Colorado, and of full age, does this day form a corporation not for profit and does hereby certify: ARTICLE I The name of the corporation is BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION, hereafter called the "Association" . ARTICLE II The principal office of the Association is located at 1551 Larimer, Suite 2706 , Denver, Colorado 80202 . ARTICLE III registered office Morris Burk, whose address is 1551 Larimer, Suite 2706 , Denver, Colorado 80202, is hereby appointed the initial registered agent of this Association ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Accoci-ation does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation, 890271 and architectural control of the residence Lots and Common Area within that certain tract of property described as : See Exhibit "A" which is attached hereto and incorporated herein by reference. and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to: (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants , Conditions and Restrictions, hereinafter called the "Declaration" , appli- cable to the property and recorded or to be recorded in the Office of the Weld County Clerk and Recorder and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) fix, levy, collect and enforce payment by any lawful means , all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses , taxes or governmental charges levied or imposed against the property of the Association; (c) acquire (by gift, purchase or otherwise) , own, hold, improve, build upon, operate , maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; 890271 -2- (d) borrow money, and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) dedicate , sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members . No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members , agreeing to such dedication, sale or transfer; (f) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members ; (g) have and to exercise any and all powers , rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Colorado by law may now or hereafter have or exercise. ARTICLE V MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract -3- 890271 sellers , shall be a member of the _Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obliga- tion. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assess- ment by the Association. ARTICLE VI VOTING RIGHTS The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners , with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member (s) shall be the Declarant (as defined in the Declaration) , and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in Class B membership; or (b) on July 1, 1993. -4- 890271 ARTICLE VII BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of seven (7) Directors , who need not be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: Name Address Morris Burk 1551 Larimer, Suite 2706 Denver, CO 80202 James W. Fell 10125 W 6th Avenue, #105 Lakewood, CO 80215 William W. Poleson 1265 Lake Plaza Dr. Colorado Springs , CO 80906 Thomas A. Burk 1609 B South Ivory Circle Aurora , CO 80017 Christopher L. Phillips 1610 Wynkoop Denver, CO 802D2 Merle Fincham 1265 Lake Plaza Dr. Colorado Springs , CO 80906 Judith K. Burk 1551 Larimer, Suite 2706 Denver, CO 80202 At the first annual meeting the members shall elect two directors for a term of one year, three directors for a term of two years , and three directors for a term of three years; and at each annual meeting thereafter the members shall elect enough directors to fill the vacancies . -5- 890271 ARTICLE VIII DISSOLLUTION The Association may be dissolved with the assent • given in writing and signed by not less than two-thirds (2/3) of each class of members . Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedica- tion is refused acceptance , such assets shall be granted, con- veyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes . ARTICLE IX DURATION The corporation shall exist perpetually. ARTICLE X AMENDMENTS Amendment of these Articles shall require the assent of 75 per cent (75%) of the entire membership. ARTICLE XI The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of -6- 89O271 every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF the undersigned has hereunto set his hand this 2nd day of May 198 . MO STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) I , Shirley Wayman , a notary public, hereby certify that on the 2nd day of May 1985 , personally appeared before me MORRIS BURK who being by me first duly sworn acknowledged and declared that he is the person who signed the foregoing document as Incorporator and that the statements therein contained are true. Witness my hand and official seal. My commission expires October 1, 1985 Not(y Public -7- 890271 LEGAL DESCRIPTION A tract of land located in sections 3, 4, 5, 8, 9, 10, . 1b and 17, Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the northeast corner of said Section 16 and considering the ' East line of said Section 1b to bear South 00° 41' 51" East with all bearings herein relative thereto: Thence South 00° 41' 51" East, 5262.03 feet to the Southeast Corner of said Section 16; Thence South 89° 27 ' 03" West, 5139.13 feet to the Southeast Corner of said Section 17; Thence South 89° 33' 00" West, 5328.46 feet to the Southwest Corner of said Section 17; Thence North 00O 29' 57" West, 5259.91 feet to the Southwest Corner of said Section 8; Thence North 00° 09' 35" West, 5292.39 feet to the Southwest Corner of said Section 5; Thence North 00O 24' 57" West, 3981.69 feet to the Southwest Corner of the North half of the Northwest Quarter (N1/2 of NW1/4) of said Section 5; Thence along the South line of said North Half of the Northwest Quarter (N1/2 of NW1/4) of Section 5, North 89° 44' 30" East, 2631.54 feet to the Southeast Corner of said North Half of the Northwest Quarter; Thence along the South line of the Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) of said Section 5, North 89° 44' 27" East 1331.69 feet to the Southeast Corner of said Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) of said Section 5; Thence along the East line of said Northwest Quarter of the Northeast Quarter (NW1/4 or NE1/4) , North 00" 38' 12" West, 1325.38 feet to Northeast Corner of said Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) ; Thence North 89° 40' 15" East, 1333.51 feet to the Northeast Corner of said Section 5; Thence along the North line of said Section 4, North 89° 35' 05" -East, 3430.49 feet to the intersection with the centerline of the Platte Valley canal ; Thence along the -centerline of the Platte Valley Canal by the following twenty-four (24) courses : 1 - South 40° 04' 03" East, 16.81 feet 2 - South 10° 09' 07" West, 45.49 feet 3 - South 27° 01 ' 47" West, 281.98 feet 4 - South 35° 02' 43" West, 129.95 feet 5 - South 46° 24' 26" West, 113.95 feet 890271 EXHIBIT "A" r 6 - South 67° 56' 02" West, 114.41 feet 7 - 158.51 feet along the arc of a curve to the left having a central angle of 43° 14' 52", and a radius of 210.00 feet 8 - South 24° 41' 10" West, 39.72 feet 9 - 258.45 feet along the arc of a curve to the left having a central angle of 68° 10' 08" and a radius of 217.23 feet 10 - South 43° 28' 58" East, 159.97 feet • 11 - 69.50 feet along the arc of a curve to the right having a central angle of 48° 38' 11" and a radius of 81.88 feet 12 - South 05° 09' 12" West, 19.20 feet 13 - 117.95 feet along the arc of a curve to the right having a central angle of 25° 54' 10" and a radius of 260.90 feet 14 - South 31° 03' 22" West, 130.58 feet 15 - South 09° 40' 40" West, 95.26 feet 16 - South 03° 11' 43" East, 116.07 feet 17 - 114.85 feet along the arc of a curve to the left having a central angle of 36° 30' 36" and a radius of 180.24 feet 18 - South 39° 42' 18" East, 116.57 feet 19 - 90.93 feet along the arc of a curve to the left having a central angle of 45° 22' 31" and a radius of 114.82 feet 20 - South 8-5° 04' 50" East, 170.71 feet 21 - 151.01 feet along the arc of a curve to the right having a central angle of 68° 29' 30" and a radius of 126.33 feet 22 - South 16° 35' 19" East, 120.95 feet 23 - 196.66 feet along the art of a curve to the right having a central angle of 25" 35' 07" and a radius of 440.41 feet 24 - South 08° 59' 48" West, 49.59 feet Thence North 89° 31 ' 39" East, 1790.68 feet to a point on the East line of said Section 4; Thence North 89° 31 ' 39" East, 2250.00 feet; Thence South 00° 43' 49" East, 700.00 feet; Thence South 44° 50' 44" East, 3265.41 feet to a point on the South line of said Section 3; Thence South 44° 50' 44" East, 1117.42 feet to a point on the East line of said Section 10; Thence along the East line of said Section 10, South 00° 06' 00" West, 1840.65 feet to the Southeast Corner of the Northeast Quarter of said Section 10; Thence along the South line of said Northeast Quarter of Section 10, South 89° 27' 21" West, 527.90 feet to a point on the centerline of the dam at Milt-on Reservoir as surveyed and recorded in the U.S. Land Office, under Number 029370, 1925; Thence along said survey by the following six (6) courses: 1 - North 58° 40' 00" West, 364.7-8 feet 2 - 200.00 feet along the arc of a curve to the left having a central angle of 6° 40' 00" and a radius of 1718.87 feet 3 - North 65° 20' 00" West, 550.35 feet 890271 ,r (- 4 - 545.0D feet along the arc of a curve to the right having a central angle of 21° 48' 00" and a radius of 1432.39 feet 5 - North 43° 23' 00" West, 605.06 feet 6 - North 63° 10' 42" West, 329.44 feet Thence North 00° 37' 22" East, 75.92 feet to a point on a deed executed December 28, 1909; Thence along the courses of said deed by the following eighteen (18) courses : 1 - South 71° 20' 00" West, 540.87 feet 2 - South 43° 34' 00" East, 318.00 feet 3 - South 16° 14' 00" East, 175.00 feet 4 - South 00° 40' 00" East, 380.00 feet 5 - South 27° 02' 00" West, 73.00 feet • 6 - North 65° 16' 00" West, 155.00 feet 7 - North 56° 09' 00" West, 462.00 feet 8 - North 68° 59' 00" West, 256.00 feet 9 - South 31° 13' 00" West, 248.00 feet 10 - South 80° 26' 00" -West, 196.00 feet 11 - North 65° 07' D0" West, 288.00 feet 12 - South 76° 23' OD" West, 188.00 feet 13 - South 35° 25' 00" East, 88.00 feet 14 - South 54° 35' 00" West, 130.00 feet 15 - North 35° 25' 00" West, 80.00 feet 16 - South 14° 20' 00" West, 3.50.00 feet 17 - South 50° 10' 00" East, 285.00 feet 18 - South 00° 22' 00" East, 154.86 feet to a point on the South line of the Northwest Quarter of said Section 10; Thence along the South line of the Northwest Quarter, North 89` 27' 20" East 241.50 feet to a point on the west side of Milton Reservoir at the highwater elevation of gauge rod 39.5; Thence southerly along highwater elevation gauge rod 39.5 by the following twenty (20) courses: 1 - South 25° 09' 43" East, 106.90 feet 2 - South 24° 47 ' 32" East, 180.70 feet 3 - South 36° 43' 58" East, 146.03 feet 4 - South 25° 08' 23" West 111.15 feet 5 - South 02° 01' 55" East, 227. 19 feet 6 - South 27° 01 ' 04" East, 93.92 feet 7 - South 13° 36' 46" East, 101.31 feet 8 - South 24° 32' 47" East, 116.37 feet 9 - South 06° 39' 27" East, 234.27 feet 10 - South 07° 03' 44" West, 151.41 feet 11 - South 14° 47' 43" West, 113.30 feet 12 - South 05° 07' 43" West 157.19 feet 13 - South 17° 56' 25" West, 90.47 feet 14 - South 42° 18' 14" West, 134.52 feet 15 - South 19° 19' 41" West, 268.66 feet 16 - South 30° 21' 06" West, 1-84.39 feet 17 - South 51° 40' 59" West, 105. 15 feet 18 - South 79° 43' 10" West, 714.61 feet 890271 ir ,c' 19 - South 24° 52' 12" West, 224.67 feet 20 - South 07° 14' 01" East, 10.72 feet to a point on the South line of said Section 10; Thence along said South line of Section 10, South 89° 28' 21" West 293.91 feet to the Southwest Corner of Section 10, also being the Northeast Corner of said Section 16 and the Point of Beginning. Said tract contains 4134.98 acres more or less. 890271 Final Version COUNTY OF WELD, STATE OF COLORADO AMENDED ROAD MAINTENANCE AND IMP-ROVEMENT AGREEMENT THIS AMENDED ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT, made and entered into this 9th day of April , 1988 , by and between the COUNTY OF WELD, STATE OF COLORADO , hereinafter called "County, " and BEEBE DRAW FARMS AND EQUESTRIAN CENTER PROPERTY OWNERS ASSOCIATION, a Colorado non-profit corporation , hereinafter called "Association , " and BEEBE DRAW LAND COMPANY, LTD . , a Colorado Limited Partnership, hereinafter called "Developer , " and BEEBE DRAW FARMS METROPOLITAN DISTRICT, hereinafter called "District. " WITNESSETH: WHEREAS , Developer has obtained approval of a Planned Unit District in Case No. Z - 412 : 84 : 13 , for recreational , residential and oil and gas development uses on land located on parts of Sections 3 , 4 , 5 , and 10 , and all of Sections 8 , 9 , 16 , and 17 , all in Township 3 North , Range 65 West of the 6th Principal Meridian, Weld County, Colorado, and WHEREAS , the Planned Unit Development will generate additional traffic on the access road and other nearby roads , and WHEREAS , the existing County roads which provide access to the Planned Unit Development will require increased maintenance and improvements to adequately serve traffic , and WHEREAS , Developer, District, and Association have offered to accept certain road maintenance and improvement obligations . WHEREAS , as part of the County ' s requirements with respect to the Planned Unit Development approval , Developer and Association enteredentered into a Road Maintenance and Improvement Agreement , "The Original Agreement, " which Agreement was dated April 3 , 1985 . WHEREAS, the Agreement was assigned to the District by an instrument dated December 16 , 1986 , and such assignment was approved by the County subject to the contingent liability of the Developer. WHEREAS, certain changes and circumstances have occurred since the Agreement was executed and the parties desire to enter into this Amended Agreement. 890271 Final Version NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the County, the Developer, the District , and the Owner mutually agree as foll-ows : 1 . Primary access to the Planned Unit Development shall be via Weld County Road 32 from the town limits of Platteville to Weld County Road 39 and via Weld County Road 39 to the Planned Unit Development entrance located at a point south of Weld County Road 36 , a distance of approximately 8 miles . 2 . Secondary access will be provided by Weld County Road 39 from the Planned Unit Development entrance south of Weld County ' Road 36 to Weld County Road 44 , a distance of approximate 4 . 5 miles and Weld County Road 38 from Weld County Road 39 to Weld County Road 43 . 3 . Commencing with the completion of the entrance road internal to the Planned Unit Development from Weld County Road 39 to the equestrian center, and after the recording of the final plat for the first phase of the PUD, the District agrees to maintain the _roadway surface of unpaved portions of County access and secondary access roads as follows : Weld County Road 32 from Weld County -Road 35 to Weld County Road 39 , Weld County Road 39 from Weld County Road 32 to Weld County Road 40 , and Weld County Road 3-8 frcm Weld County Road 39 to Weld County Road 43 , an aggregate distance of approximately 8 . 0 miles . This maintenance obligation shall terminate at such time as any of the particular roads aforementioned are constructed and paved to County specifications and accepted by the County for partial maintenance except to the extent District has performed the paving and is in the period between acceptance for partial and -permanent maintenance by the County. Maintenance of the roadway surface will consist of regular grading to keep the surface reasonably smooth without large washboards or potholes , so that it can comfortably be driven at 40 m.p.h. ; to keep the road shaped to drain , and to keep the ditches open and free of debris . Gravel will be placed as required to maintain an adequate road surface . District represents that it is an independent contractor and not an employee or agent of the County. District agrees to identify to the County an individual responsible for District ' s maintenance functions under this agreement . County will notify the responsible individual by telephone , with written follow-up, concerning any observed deficiencies in the maintenance program. 4 . District agrees to provide an adequate dust abatement program on the approximately 8 . 0 miles of unpaved road for which he provides maintenance . Water, asphaltic emulsions , or 890271 Page 2 of 9 Pages Yin: Version commercially available chemicals may be used to control dust . Chemicals that are used for dust control may not contain any hazardous substances as defined in C. R. S . , Section 29-22-101 , et sea. District recognizes that petroleum products , whether commercially processed or not , may contain hazardous substances . District agrees not to use any petroleum products that contain naptha or other combustible materials . District agrees to apply dust control chemicals in such a manner that it will not contaminate any waters of the State and therefor , material that may wash from the roadbed will not be suitable. The District will be responsible for the application of the chemicals and any damage that may occur from the use of the dust control chemicals and it agrees to indemnify and hold harmless County and its officers and employees from any claims arising from the application of dust control chemicals by the District. 5 . District agrees to provide snow removal adequate to allow two lanes of passage for passenger cars on the approximately 8 . 0 miles of unpaved road for which he provides maintenance. 6 . County agrees to furnish , at designated sources , suitable material for gravel replacement on the approximately 8 . 0 miles of unpaved road for which District provides maintenance . District shall be responsible for delivery of material to the work location . County will load material if loading equipment is reasonably available . District can use its own equipment , at its expense , to load material . 7 . Indemnators , District , Developer, and Association , hereby agree to indemnify Indemnitee , County, from any and all liability, loss , or damage Indemnitee may suffer as a result of claims , demands , costs , or judgments against it arising out of maintenance work performed by the District pursuant to this Agreement . District will provide insurance against personal injury and property claims covering County and District for claims arising out of the terms and conditions for road maintenance in this Agreement in the amount of $500 , 000 . 00 and require 51 , 00-0 , 00.0 . 00 insurance from any contractor and similar insurance from any subcontractor, provided that such coverage shall indemnify County only to the extent of County ' s liability under this agreement and not in excess of Colorado statutory limits cn governmental liability. 8 . District agrees that all work performed in satisfaction of this agreement by contract will include in said contract the requirement of a performance bond and further , to the extent practicable , any such performance bond shall name County as an 890271 Page 3 of 9 Pages Pinal Version additional beneficiary of such guarantees . Should it not be practicable to have Weld County as an additional beneficiary on the bond , then the District shall agree to execute any necessary agreements to assign the proceeds of such bond to Weld County in order to assure completion of the project. 9 . County agrees to maintain, repair or replace culverts , signs , markers , and other roadway appurtenance-s on the approximately 8 . 0 miles of unpaved road for which District provides maintenance , except for repairs required as a result of District ' s maintenance operation for which District will be responsible . 10 . a . The District agrees to pave the gravel portion of Weld County Road 32 from Weld County Road 39 west to the existing paved portion of Weld County Road 32 (approximately at the intersection of Weld County Road 35) and to pave Weld County Road 39 from Weld County Road 32 a distance of approximately 1 . 6 miles to the entrance to the PUD (hereinafter be referred to as "southwest access" ) . District also agrees to overlay the existing paved portion of Weld County Road 32 which has not yet received an overlay which is a distance of approximately 1 . 9 miles and lies roughly between Weld County Road 31 and 35 . (This shall be referred to as "Overlay Project. " ) The District also agrees to pave approximately 2 . 4 miles of Weld County Road 39 north from the entrance of the PUD to connect with the new overlay on Weld County Road 39 which ends at approximately Weld County Road 40 (hereinafter referred to as "north access" ) . The paving projects shall include necessary earth work, base work, utility relocation , right-of-way acquisition , drainage structure rehabilitation , and surfacing to ultimately provide a paved roadway 24 feet in width, with gravel shoulders 8 feet in width. Design standards for the completed paving projects shall reflect the AASHTO and Colorado Department of Highways standards in effect at the time of the construction of each phase of the project, with horizontal and vertical alignment based on a design speed of 55 m.p.h . and pavement sections ultimately based on an average daily traffic volume of 5 , 300 vehicles consisting of 63% passenger cars , 32 . 2% pickup trucks , 3% single unit trucks , and 1 .5% combination trucks , and a directional split of 60% in the peak direction with a regional adjustment factor of 1 . 5 . b . Phase 1 of the paving project shall consist of necessary earth work , base work , utility relocation, right-of-way acquisition, drainage structure rehabilitation, and laying of a three-inch depth of asphalt to create a 24-foot wide paved portion of the roadway with 4-foot gravel shoulders on the southwest 890271 Page 4 of 9 Pages Final Version access roads . Phase 2 of the paving shall consist of creating 8-foot gravel shoulders and adding additional asphalt to bring the southwest access roads up to the completed project standards . Phase 2 shall also include necessary earth work , base work , utility relocation , right-of-way acquisition , drainage structure rehabilitation, and surfacing to provide a paved roadway 24 feet in width with gravel shoulders 8 feet in width for the north access roads in accordance with the desicn standards for the completed paving projects referenced in subparagraph 10 .a . herein . 11 . The District agrees to initiate Phase 1 Paving and the overlay project by completing engineering plans for the project within sixty (60) days of closing of financing for the project with construction and acceptance for partial maintenance by the County to be completed within 360 days from the date of closing on first phase bond financing . The term "acceptance for partial maintenance" shall be according to the definition as used in the Weld County policy regarding collateral for Subdivision Improvements . District agrees to complete the overlay project within the same time frame . Phase 2 of the paving shall be commenced with sixty (60) days of issuance and sale of the second phase bond issue and completed , including engineering, construction , and opening for traffic , within 360 days thereafter, but in no event shall more than 200 residential building permits be issued within the P .U .D. prior to the commencement of Phase 2 of the paving. 12 . All construction and materials for the paving projects shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways , with reference to the edition current at the time project is initiated . County shall review and approve the construction plans prior to construction and shall have the same authority as the Engineer, as defined in the specifications for the project, to inspect construction . The overlay project shall consist of dig out and patching of severely damaged areas and an overlay over the existing asphalt surface at least two inches in depth. County shall review and approve the plans for the overlay prior to construction and shall have the same authority as the Engineer , as defined in the specifications for the project , to inspect construction . 13 . Costs of both paving projects shall be apportioned between District and County as follows : 690271 Paget 5 of 9 Pages Final Version District County ' s Share Share Side ditch , culvert , and 100% • 0% driveway replacement Design Engineering 100% 0% Earthwork , grading, paving 100% 0% , Drainage structures 0% 100% ` repair/replacement Utility relocations 100% 0% Utility easements 0% 100€ Right-of-Way 0% 100%2 Traffic control devices 0% 100% Inspection by design engineers 100% 0% District agrees to bid and contract for the work . Costs of work items , which are the responsibility of County which have not been separately contracted for or performed by the County, will be billed by District to County and County will pay District. County shall be responsible for payment of costs due in future fiscal years only if funds are appropriated and _are otherwise _available for the services and functions which are described herein. If construction and financing is to be performed through a statutory district, work shall be done in accordance with the statute , provisions of this paragraph to the contrary notwithstanding. 14 . Upon completion and final acceptance by the County of the two paving projects and the overlay project, District shall be relieved of all road maintenance , dust abatement, and snow removal responsibilities as defined in this agreement for those portions 1District shall bear the cost of this item only to the extent that it might have to extend or relocate a culvert due to road width and to the extent that it is necessary to maintain current flow capacity. Any enlargement or new construction shall be at the total expense of the County. 2District shall be responsible for cost of acquisition of right-of-way only if it is not possible to meet minimum design standards within the existing 60-foot right-of-way. 890271 Page 6 of 9 Pages Final V, rsion of she roads covered by pavement or overlay projects . The District agrees to continue to be responsible for maintenance , dust abatement, and snow removal for Weld County Road 38 from Weld County Road 3-9 to Weld County Road 43 . District and County will enter into a separate agreement for maintenance of this' portion upon satisfaction of all other provisions of this Agreement . Upon completion and acceptance of both paving projects and execution of an agreement for maintenance of Weld County Road 38 , this Agreement shall be void . 15 . If , prior to the completion of the construction of Phase 1 and 2 of the paving project and the overlay project , Weld County issues zoning or U. S . R. approval for any other residential , commercial , or industrial development , or any expansion of any agri-businesses that will be using as access any of the approximate 8 miles of County roads covered by pavement or overlay projects at the expense of the Developer, the County, to the extent permitted by law, agrees to seek contributions to the cost of the road , pro rata as the projected use of the roads involved compares to the Beebe Draw Farms and Equestrian Center PUD ' s projected use of the roads . It is the intent of Weld County that this Improvements Agreement meet the requirements of Section 11-2 of the Weld County Subdivision Regulations and further that District be entitled to claim reimbursement from subsequent developers using the improved roads to the extent allowed by said section . This Agreement is not intended to create any cause of action against Weld County or its officers or employees by any party to this Agreement or other persons for reimbursement of costs of the paving projects and overlay projects and is no way is County considered a guarantor of the monies to be reimbursed by subsequent subdividers , applicants , or owners who may make use of the improvements . lb . It is the intent of the parties that this Agreement remain in full force and effect until it terminates according to its own terms and that it be binding upon the Developer, Association and District and their heirs , successors , and assigns , and on the County Board and future County Boards to the fullest extent permitted by law. Should this Agreement , or any portion thereof, be found to be void or voidable for the reason that it binds the Board of County Commissioners for more than a one year period of time , this contract shall be construed as one-year contract with automatic annual renewals . 17 . The parties agree that prior to the completion of the first stage of the paving and the overlay project no more than fifty building permits per twelve-month period shall be issued by 890271 Page i of 9 Pages final Version the County and further that there be a limit of one hundred building permits for residential purposes total until the Phase 1 paving is completed pursuant to the terms of this agreement and it is accepted for partial maintenance . These limits shall be lifted once Phase 1 paving and overlay has been accepted for• partial maintenance . Should there be deficiencies in the paving which would preclude acceptance for final maintenance , the parties agree to a moratorium on additional residential building permits until the work has been completed on the project. 18 . District agrees that that portion of the funds raised by the bond issue for the purpose of meeting its obligations hereunder shall be segregated and restricted and shall not be used for any other purpose until the first phase of construction has been completed and the roads fully accepted by County for maintenance . Any subsequent bond issues shall similarly result in the creation of segregated and restricted funds for that purpose. 19 . Association and Developer hereby acknowledge that while certain obligations and responsibilities under this Agreement are specified as obligations of the District, Owner and Association shall continue to have contingent liability to the County for performance of the terms and conditions of this Agreement and are not , by virtue of this Agreement or any prior assignment , being released from said responsibilities . 20 . The parties do not intend , by the execution of this Agreement, to provide any benefits to any persons or entities who are not signators to this Agreement and the County in no way guarantees that any of the improvements described herein will be constructed. 21 . The addresses of the parties are as follows : Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 Greeley, CO 80632 Beebe Draw Farms and Equestrian Center Property Owners Association c/o Morris Burk , General Partner 1551 Larimer , Suite 2706 Denver, CO 80202 89027j J'ane 8 of 9 _Pages Final Version Beebe Draw Land Company, Ltd . c/o John B. Houtchens Attorney at Law 1007 Ninth Avenue Greeley, CO 80631 Beebe Draw Farm Metropolitan District c/o Morris Burk 1551 Larimer, Suite 2706 Denver , CO 80202 Courtesy copy to: Beebe Draw Metropolitan District c/o Paul Cockrel Collins and Cockrel , P . C . 445 Union Blvd. , Suite 129 Denver , CO 80228 It shall be the obligation of the parties to notify each other of any change of address , registered agent, or change of ownership. IN WITNESS WHEREOF, the parties hereto have duly executed this Agr ement the day and year first above written . ATTEST: /-- �;Zt nti.—t,p.rydt, -re) BOARD OF COUNTY COMMISSIONERS /I WELD C TY, COLORADO Weld County Clerk and Recorder > �G`}Y1�2 and Clerk to the Bob d By: mil I/ 1 r airman -BY: c7)z J tyt c .. t.f;.-,c te. �eputy Clerk ATTEST: A BEEBE DRAW FARMS AND EQUESTRIAN CENTER P PERTY OWNERS By : \� {ynl,_1 ASSOCIA ION dVw Vu`./JJJ1.�� Ckt By : ION By : . aU2S ATTEST: e BEEBE RAW ND COMPANY, LTD . By: l By : 0 wit Ga. 46.... , ATTEST: BEEBE DRAW FARMS METROPOLITAN l By: "" '�'�l fr-L D I S T I T By: 8:90271 Page 9 of 9 Page/s r'- Ma *R2208626 • B 1068 REC 02008626 05/07/85 10 : 23 $12 . 00 1/004 F 0591 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RIGHT OF WAY EASEMENTS AND LICENSES THESE EASEMENTS AND LICENSES made and entered into this -sic? day -' of....................... .L. .=t..y A. D. 19..a5._by and between..Farmers...Reservoir ...... i Cf .and...Irrigation .Co a...Co.l.orado corporation, as First Party, and Beebe..Dr,aw...La.nd_ Co.......Ltd. a ..._ pl_oradD Limited Partnership ond ?A ; C +Wr.r...� as Second ?Arty; WITN'ESSETT I: THAT WHEREAS. First Party is the owner of those certain irrigation canals known as the • Platte Valley Canal ...... . . . .. . .............• ia. Weld .. . County. Colorado; and WHEREAS. Second-Party desires to construct and maintain a Culvert and roadway • overtrraa.and across the rights-of way of said canals at the locations-and in the manner as shown on the drawings marked Exhibit A hereto attached and by this reference made a part hereof. Said Exhibit A consists of 1 sheets and each sheet represents-it specific peci(ic crossing; and • WHEREAS, First-Party is willing to-grant the easements and licenses desired by Second Party. NOW, THEREFORE, in consideration of the sum of $1-0.00 (ten dollars) and .—+».._other va.l.uable.,con.siderationspaid to first _party the receipt of which is hereby acknowledged, and the agreements of Second Party to be performed hereunder and upon the conditions and for the period herein stated. First Party does grant to Second Party, its successors and assigns. easements and licenses to construct. install, lay, maintain, alter, repair, operate and remove a.._.cu... ertand...roadwzy - ___ over ea and across the strips of land which constitute a part of the rights of way of the canals herein- . above named at the specific locations and in the manner designated and referred to in the applicable sheet of Exhibit A. Second Party agrees-not to commence construction of said..._culvert and roadway ..: any of the pointsdescribed in Ethih l A without first having obtained the consent and approval thereof of the Superintendent of First Party. • It is understood that, if the First Patty only owns an casement for Canal end Lateral rights of way or any part thereof at the locations described in Exhibit A, this instrument shall grant to Second Party only such tights as First Party may under such circumstances grant, In laying and constructing said culvert and roadway and thereafter in repairing- maintaining or removing same Second Party shall do so in such manner as not to damage said Canals and Laterals or the embankments thereof and to as not to interfere with the flow of water in said Canals and Laterals. Any and all eaenvatlone male shall be immediately leveled off, and any damage to the Canals and Laterals. emWnkments, fences, roads or other improvements shall be promptly repaired by Second Party .at its sole tuft of Ibe satisfaction of First Party. RECORDERS SIEMORANDOIA AT THE TIME OF RECORDATION. THIS IN- STRWHENT WA5 FOUND TO BE tNADECUATE fCR THE 8E:T JHOTOCRAPHIC REPRODUCTION /�1!J BECAUSE OF ILLECIBlLITY. CARBON OR PHOTO ��21 COPY. DISCOLORED PAPER. ETC. • B 1D68 'C 02008626 05/07/85 10 : - 1 $ 12 . 00 2/O04 F 0592 RY ANN FEUERSTEIN CLERK 6 :CORDER WELD CO, CO Second Party agrees that it will at 'II culvert and roadway ..mew maintain said and repair all breaks, leaks and damages therein and thereto at its Own inpense and fuitbea that, if,isy reason of any break, leak or damage :n and to the culvert and roadway r ._. injury to the properties of First Party is sustained. then Second Party will. with all due ciligonce, repair and replace such property of Tint Party in the same COrt•l'hOn-af On: same was in prior to such break, leak or damage in-and to the said , CUl Vert and roadway and will pay • any and all monetary damages resulting from such urea k. leak of damage .ussamcd ar irscuncd by First Party or its stockholders or water users Second Party further agrees that, if at any time the CU1 Ve rt and roadway Causes any settling In the ditch embankments, the roads thereon. or any part of the dach r.ghtsof as- way. it wilt, upon notification from First Party. immediately make all repairs required by First Party at Second Party's-expense. ScCnnd Party further agrees to indr.onify :i'id save harndt ss 1 oat Party, its successors, as- signs. employees, agents and stockholders ni accnwi; of any . .r-e or lust viµa.nul by Ii lent or any of them arising by reason n( laying- <rmstructuan, oaio;. ._, i,. or ootnovil of said Cli)Vert • and roadway • • • Second Pan at:ryes pro'ta I:. .. Panty aped tale and F. il.l it bailer_ from any acid all third party claims and da:n_p, that sa..1 CUl VorL and r.;adw-- V _ _. and its • operation• Conat itc:ion, rr.a.nlenance and ru mavai may di rertl. or in.hi e<I;y cause. _and Second Party hereby releases Furst Party. its succe users, assigns, employees. agents and stockholders (torn any and all cta.-ns and damages of ..hatsoevrr character to sa.d ...culvert .and roadway or other property of Second Party Moved in. along or across said Canal and Lateral rights of way arising out of either the o;r:ntion or maintenance of said Canals and Laterals or other pun ions of First Party's irrigation ss stem cc resulting from any other act either on the hurt of First Party or on the part of any Third Pint The righis of way herein granted to Second Party shall c.,n.uiue sr, long and only so long as Second Party. its cuciestirs and assigns [lath faithfully and prrieptly c unpty with the pravis. • ions herein hated Second Party further relieves First Party from the necessity of constructing I)iek E in the area described as Area E on the attached drawing (25O-ES-5) , dated September, 1975 (revised 10/27/77) and shall undertake such work as necessary to contain flood waters within the flood easement for a distance of 1,200 feet easterly front the canal spillway. Second Party further agrees that in the event it is determined that additional work or modification (widened or lowered) of the Plattc Vailty Canal spillway as shwon on the 1976 Milton Hydrology Study appruvLd by L!'.t Office of tic i.tate Engineer is required as a result of the ctrurtures whit!: Hr tic sub ! ect t this permit (drawing 0710-IUC-01) then such cost ;hall hi: paid by 'ecnu1 Party, X39®271 - - - - - - - - - - - - cuor rcL* -u[ )Ubh 25 Ui/ Ui / d 10 : 23 512 . 00 3/004 - F 0593 MAR" ANN FEUERSTEIN CLERK & RE"RDER WELD CO, CO _ %%%%%%%lsa it Is mutually understood and agreed that this agreement and all the terms and condition* ll _ _ �-a',V P ret'fb ll extend to and be binding upon the panics hereto, their successors and assigns. gift ZS./ hst� D In duplicate the day-and year first hercmabo•e written. or M 5 ✓n • • ti: J ett: ••rte' * By. is .. .... President GL�,<c:.i — 1:• • ;y ��r--- l President • LLLLL cltr t'Y(J -47-•, Its :r 1 Secretary :� ••• letht`0L e n KtM FIRST PARTY ty.t..,. • lee L1 % t4 0 Coa4il, Lr9 . .- Attest: BY lelng lt, Gar•le24.41.. P • Ito......._......_...._ _ ___.____ __.. ... - SECOND PARTY STATE OF COLORADO, I COUNTY OF ADAMS. lss The foregoing instrument was acknowledged bclorc me this day or May 19 85 by Morris Burk, as am P -_.� .. •,l General Partner, wVS-...,t_., �f of B-EEBE DRAW • LAND COMPANY, LTD. , a Colorado Central Partnership _._.._._......._..___....._ .t .,..,...l:e,.. witness my hand and notarial seal. My commission expires 141-.-.4.."4. %/,�[,s.,�� I ,,. Notary Public STATE OF..._� 4....__. _ /' •I Vs. COUNTY OF...I(�7 i e foregoing instrument was acknowledged-before me thiz._.........� day oC.._....._.yr, . 19/5—by...._.._._..._......._... ...........tf-c- -A �_—) as areff_t.e: iands/.j/�9� ,j/ ��r �. � as s.iy./ CC L ere 4..... ,p-- .. . Q `-^A corporation. r•..s' ..5x�G 4.. ness my hand and-notarial seal. pQ �o: N�7A1�y°fhnmm;adnn expires/pAnt..tsf _ _. y /� ' / 0 t`.''tili A enue 0 �LG�' Brighton, Colorado 80601 890271 HYDRO-TRIAD, LTD. April 22, 1985 Mr. Morris Burk Beebe Draw Land Co. , Ltd. 1551 Larimer, Apartment 2706 Denver, Colorado 80202 Re: Proposed Platte Valley Canal Crossing Dear Mr. Burk: By letter of February 15, 1985, Hydro-Triad, Ltd. transmitted to FRICO a "Right of Way Easements and Licenses" agreement for your proposed crossing of the Platte Valley Canal . The February 15 crossing permit then being sought was for an 80 foot clear span bridge. On April 22, 1985, you requested Hydro-Triad, Ltd. draw-up a new crossing permit and Exhibit "A" for the -Platte Valley Canal crossing. A culvert and roadway across the Platte Valley Canal is described on the attached "Right of Way Easements and Licenses" agreement-and Exhibit "A" (Hydro-Triad , Ltd . Drawing No. 0730-PVC-01 ) . if the Platte Valley Canal dikes and spillway are constructed as shown on Hydro-Triad, Ltd. Drawing No. 0730-DK-01 "Platte Valley Canal Dikes and Canal Spillway" (previousl tr i ted to you and FRICOlt the proposed culvert and PrbSddw ill nn aversely impact t e operation f th Valle Lanal emergency spillway. Wit a propose crossing , and the dike and spillway work, the -functioning of the Platte Valley Canal emergency spillway will be in confor- mance with the assumptions and conclusions presented in the 1976 Milton Hydrology Study approved by the State Engineer's Office. Please call if you have questions or require additional information. Sincerely, HYDRO-TRIAD, LTD. 0 L. Stephen Schmidt, P.E. LSS/cl Senior Civil Engineer Attachments #730 B 1068 REC 02098626 05/07/85 10 : 23 $12 . 00 4/004 F 0594 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO ₹390271 12687 WEST CEDAR DRIVE -SUITE 100 LAKEWOOD. COLORADO 80228 PHONE 303-989-1264 ,AR2p08629 B 1068 ;C 02008629 05/07/85 1G $3. 00 1/001 F 0603 MARY ANN FEU£RSTEIN CLERK & RECORDER WELD CO, CO BEEBE DRAW LAND COMPANY. LTD. 1551 LARIMER. SUITE 2706 DENVER. COLORADO 80202 PHONE 620-0967 April 30, 1985 Mr. Albert Sark, President The Farmers Reservoir and Irrigation Company 80 South ?7th Avenue Brighton, Colorado 806O1 Dear Mr. Sack : Paragragh 6, Page 4 of our Crazing and Recreation Lease - Milton Lake provides that we "may construct and maintain all necessary boat ramps or docks or bulkheading and beach improvements and picnic shelters on areas of Milton Lake but only at locations and in such manner as shall be approved in writing by FRIC0." We have had informal discussions with you regarding the locations of our proposed sail boat harbor and shore dredging and bulkheading, and submitted herewith are two drawings showing the details of the location and cross sections of the proposed dredging and bulkheading. May we please have your approval in writing as to this proposed work. A copy of this letter and of the drawings has been delivered to Hydro-Triad for their review. Si n erely, l Be Draw L• nd Company, Ltd. Mo s�Burk, General Partner APPROVED BY: THE FARMERS RESERVOIR AND IRRIGATION TI- }CCOMPANY BY: /''?-C� nc li 890271 ww O � x: z y ti � O ° 3 / poi y a / _ n = 2 O 1 ° / o 7 "' � o / A x k to (12In s r po , a rio -1)4 ts k/�''_ n N3 fl m o tit 6` k w th // w gN n O tb p 43 z \ aQ. • A 1C Z ' Mrn "° o to / ' 6•• Fh 'O c. A N b y r b in al 0 DI ,Km < N. 2 In 890271 . V - .t k 7. • f e . I( ,,...-,-2 •. '• vv ( ♦,. ( • I () Lam' .• • CDr-j— la mac-- � �� i � v \( ' �\ f ' � • -,,c) , . 7 _ ,_ -, \\--..._-,_-_---- ? N �Zsa�ia�osi': % -"c1 t). (gy LA m d 11`AL `I'd��±`S !// n om/ l S 1 C .� ,► rtl CI!A LA 1 /' ' , , t Q »/-- 1 :may ' / d ( _i � ` _,>---.---- - ) l' �,� -'` Lei/ , / r r- 1 f 890271 ' CANAL RIGHT OF WAY AGREEMENT PLATTE VALLEY IRRIGATION CO. - BEEBE DRAW LAND COMPANY, ETAL This agreement made and entered into by and between The Platte Valley Irrigation Company, a Colorado corporation, hereinafter referred to as "PVIC" ; Beebe Draw _Land Company, Ltd. , hereinafter referred to as "LAND CO. " , a Colorado limited partnership, and Beebe Draw Cattle Compa;ny, hereinafter referred to as "CATTLE CO. " , a Colorado limited partnership. RECITALS A. CATTLE CO. owns legal title to all of the real property described in Exhibit "A" , which is attached hereto and incorporated here-in. B. LAND CO. , by virtue of a Contract for Deed recorded April 22 , 1983, in Book 994 as Reception No. 1924453, Weld County Records , has contracted to purchase from CATTLE CO. the lands described in Exhibit "A" . C. LAND CO. has made an application to the Board of County Commissioners for a Planned Unit Development zoning (PUD) for the portion of the lands described in Exhibit "A" . Exhibit "B" , which is attached hereto and incorporated herein, contains the legal description of the proposed PUD. D. PVIC has an easement for the operation of its irrigation ditch, Evans No. 2, over and across a portion of the lands described in Exhibit "B" . The said easement exists upon the land, but has not been described by survey. E. LAND CO. finds that it must define the extent of PVIC easement in connection with the subdivision and platting requirements by the County of Weld, in connection with LAND CO. ' s application for PUD zoning. F. LAND CO. is the equitable owner of 7 1/3 shares of the capital stock of PVIC by reason of the contract for purchase recorded under Reception No. 1924453 , Weld County Records , and it is entitled to its share of water from PVIC. G. LAND CO- is the last user of water from the works of PVIC ' s Evans No. 2 canal and the delivery of water to LAND CO. is subject to much fluctuation in the amount of and in the time of delivery. H. The parties to this agreement desire to: 1) fix the location of Evans No. 2 ditch by survey; 2) establish by agreement the width of the easement; 3) affirm the responsibilities of each of the parties as to continued maintenance; 4) define the right of LAND CO. and CATTLE CO. for water divisions from Evans No. 2; 890271 5) grant LAND CO. and CATTLE CO. the limited right to hold water within the confines of the ditch which will enable LAND CO. and CATTLE CO. to equalize flow in the ditch; and 6) grant LAND CO. the right to construct crossings of Evans No. 2 in Section 3, Township 3 North, Range 65 West, and establish conditions and restrictions for the use of the such crossings. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, the parties agree as follows : 1) LAND CO. and CATTLE CO. have caused the present right of way easement belonging to PVIC across Sections 3, 4 , 10, and 11. Township 3 North, -Range 65 West of the 6th P.N. to be surveyed and they shall give, grant, reaffirm, and convey to PVIC an easement and right of way for the construction, operation, and maintenance of Evans No. 2 ditch in accordance -with the description thereof contained in Exhibit "C" which is hereby made a part hereof. The said grant shall reaffirm to PVIC all of its existing rights to use and enjoy said easement for the purpose of transporting irrigation water and maintaining the canal to the extent that the present canal location, as surveyed, varies from the described location of the canal in previous instruments or documents PVIC will relinquish, and quit claim to LAND CO. and CATTLE CO. all easement rights of way through said Sections 3 , 4 , 10, ar 11, except for the right of way described in Exhibit "C" . 2) LAND CO. and CATTLE CO. hereby agree that no building or improvements, except crossings for which provision is herein made, will be placed, constructed or permitted to remain within fifty feet of the easement described in Exhibit "C" . LAND CO. and CATTLE CO. agree to prepar-e an instrument which will constitute a valid restriction upon the use of the said fifty foot area on all land contiguous to the easement described in Exhibit "C" . The said instrument shall provide that PVIC may enforce restriction. A copy of the text of said covenant shall be furnished PVIC for it' s approval. The covenant shall then be recorded and a copy of the recorded instrument shall be furnished to PVIC. 3) LAND CO. may construct, and if constructed, shall maintain such crossings of Evans No. 2 ditch, within the area of the PUD zone as it may require, except that all crossings of the ditch shall be by approval of the PVIC Board of Directors in advance of the time such crossings are established. All bridge crossings shall be constructed so that they will not restrict water flow or collect trash and weeds . Any structure which does restrict flow of water or collects trash and weeds , shall contitute a nuisance and shall be removed by LAND CO. OR CATTLE CO. upon demand. -2- 890271 Ford crossing shall be carefully maintained by LAND CO. and CATTLE CO. and shall not be permitted to restrict flow of water below the ford or delivery of water to a downstream user. 4 ) LAND CO. and CATTLE CO. hereby agree to indemnify and save PVIC harmless and from any and all claims or causes of action arising out of the construction, use and maintenance of all crossings over Evans No. 2 ditch on the property of LAND CO. and CATTLE CO. Such indemnity shall include all costs, fees , and expen-ses incurred from all sources in the defense of such claims and causes of action. 5) PVIC shall maintain and operate the Evans No. 2 ditch in its present location, which is within the confines of the easement described in Exhibit "C" . It shall always have the right to go on the easement to deepen the ditch, construct banks, inspect the area, and remove any structure in or under easement which, in the opinion of PVIC interferes with the maintenance or operation of the ditch. 6) PVIC grants to LAND CO. and CATTLE CO. a license to hold water within the confines of the existing ditch. Such license hereby granted shall never ripen into a right. LAND CO. and CATTLE_CO. agree that they will not place any structure in the ditch to be used to hold back water in the ditch without the approval of the Board of Directors of PVIC and that they will remove any such structures upon demand by PVIC. Should LAND CO. and CATTLE CO. fail , neglect or refuse to remove such structure, then PVIC may remove the structure at the expense of LAND CO. and CATTLE CO. or either of them as their successor in interest. 7) LAND CO. shall have the right to construct any fences along the outer boundary of the right of way but any fences so constructed shall be done at the expense of LAND CO. and shall be maintained by LAND CO. 8) At times when water from Northern Colorado Water Conservancy District is being delivered through PVIC system, LAND CO. agrees that it will not use any of the water delivered through PVIC system outside or beyond the boundaries of the Northern Colorado Water Conservancy District. 9) LAND CO. is given a license to use the Evans No. 2 Canal described in Exhibit "C" to transport water acquired by it from underground sources. Such use shall be without inconvenience or expense to PVIC. If PVIC incurs a cost or expense, LAND CO. agrees to reminburse PVIC. Such sue may be terminated by PVIC without cause. -3- 890271 This agreement is binding upon and inures to the benefit of the personal representatives , successors, and assigns of the parties hereto. In witness whereof the parties hereto have hereunto set their hands and seal this q day of October, 1984 . ATTEST / PLATTE VALLEY IRRIGATION CO. By: -1 Zy r BY: Vi i4/111.1n1 ///<1��L S cretary si ent BEEBE D W L COMPANY, LTD. BEEBE D 2AW TTLE CO. ' / ,( neral Partner General Partner STATE OF COLORADO ) ) ss COUNTY OF WELD The foregoing instrument was acknowledged before me by Myron Martinson as President and Rodger I. Houtchens as Secretary of the Platte Valley Irrigation Company, a corporation, this 9th day of October, 1984 . My commission expires :October 1 . 1985 WITNESS my hand and official seal. ,:y7 ��/ Notary ublic e 890271 STATE OF COLORADO ) ) ss COUNTY OF WELD The foregoing instrument was acknowledged before me by Morris Burk General Partner of Beebe Draw Land Company, Ltd. , a Limited Partnership, this 31st day of October, 1-984 . My commission expires : October 1 , 1985 WITNESS my hand and official seal. Notan Public STATE OF COLORADO ) ) ss COUNTY OF WELD The foregoing instrument was acknowledged before me by Morris Burk , General Partner of Beebe Draw Cattle Co. , a Linited Partnership, this 31st day of October, 1984 . My commission expires: October 1, 1985 WITNESS my hand and official seal . Nota V PubS/ic r 890271 EXHIBIT A Covering the Land in the State of Colorado, County of WELD Described as: In Township 4 North, Range 65 West of the 6th P. M. Section 33 : The E' of the E= of the SW; and the SE; Section 34 : The SW1/4 , EXCEPT land described in Deed in Book 1081 at Page 360 of Weld County Records . • In Township 3 _North, Range 65 West of the 6th P.M. Section 2 : The SEa , EXCEPT that part lying West of the Gilmore Canal. Section 3: The Nz of the NW;:„ the 51 of the NW;, and the 51/2 EXCEPT parcel conveyed to School District No. Ninety Nine by Quit Claim Deed recorded November 6 , 1911 in Book 346 at Page 310. Section 4 : All . Section 5 : The NE; of the NE;, the S; of the N;, and the S1. Section 8 : All. Section 9 : All . Section 10 : The W; of NW;, the SEo of NWa , the SW; of NE;, the Ez of the NE: , the NW; of the NE;, and the • NEB of the NW; of Section 10 , Township 3 North, Range 65 West of the 6th P.M. , EXCEPT those parcels described in Decree and Declarati of Taking, in Case No. 2336 , The Farmers Reservoir and Irrigation Company, -a Corporation -vs- Charles D. Hoeg and Alvin L. Jessup, recorded May 31, 1910 in Book 327 at Page 436 under Reception No. 156016 , Also that part of the SWn of said Section 10 lying Wes of the Milton Lake IReservoir. EXCEPTING THEREFROM any portion lying Easterly of the present and the past high water line of Milton Lake Reservoir. Section 11 : The N; EXCEPTING that part conveyed to The Farmers Reservoir and Irrigation Company by Deed recorded _April 4 , 191C in Book 327 at Page 190 under Reception No. 153837. The NE; of the SE;, the E' of the SEq of the SE;. Section 15 : That part lying West of the Milton Lake Reservoir EXCEPTING THEREFROM any portion lying Easterly of the present and the past high water line of Milton Lake Reservoir. Section 17 : All. Section 1-6: All . 890271 LEGAL DESCRIPTION EXHIBIT B Section 3, Township 3 North, Range 65 Wcst of the 6th P.M. A part of the South Half (51/2) of the Northwest Quarter (NW1/4) and the South Half (51/2) except for parcel conveyed to School District No. Ninety Nine by quit claim recorded November 6 , 1911 in Book 345 at Page 310. Section 4 , Township 3 North, Range 65 West of the 6th P.M. All of Section 4 , except that portion of the Northeast Quarter (NE1/4) lying east of the Platte Valley Canal . Section 5, Township 3 North, -Range 65 West of the 6th P.M. The Northeast Quarter of the Northeast Quarter (NE1/4 , NE 1/4) the South Half of the North Half (51/2 , Nl/2) and the South Half (S1/2) . Section 8, Township 3 North, Range 65 West of the 6th P.M. All . Section 9, Township 3 North, Range 65 West of the 6th P.M. All . Section 10, Township 3 North, Range -65 West of the 6th P.M. The West Half of the Northwest Quarter (W1/2, NWl/4) the Southeast Quarter of the Northwest Quarter (SE1/4 , NW1/4) the Southwest Quarter of the Northeast Quarter (SW 1/4, NE 1/4) , the East Half of the Northeast Quarter (El/2, NE1/4) the Northwest Quarter of the Northeast Quarter (NW 1/4, NE 1/4) and the Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4) except those parcels described in decree and declaration of taking, in Case No. 2336 , the Farmers Reservoir and Irrigation Company, A Corporation vs. Charles D. Howard and Alvin Jessup, recorded May 31 , 1910 in Book 327 at Page 436 under Reception No. 156016. Also that part of the Southwest Quarter of Section 10 lying west of Milton Reservoir. Section 16 , Township 3 North, Range 65 West of the 6th P.M. All . Section 17, Township 3 North, Range 65 West of the 6th P.M. All . • • 890271 L'.141N7. NO, 2 DI T EXHIBIT C LEGAL DESCRIPrID, A STRIP OF IMP) LOCATED IN SECTIONS 4, 3, IO AI) II TM+CHIP 3 NORTH RANGE 65 PEST Or THE SIXTH PRINCIPAL HERIDIN{WELD CIUNIY, CULORA'VT, FEW THE PRPDSE or CLXISIRUCT IOC, OPERA(ITS., µD IAN H1AINI FG µ IRRIGATION CA'+AL. SAID STRIP LYIF6 55.LJ FEET OW EACH SIDE OF THE CENTERLINE OF TIE EVAb M. 2 DITCH, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST GO+NrR FIE COR.) OF SAID SECTION 4 40 CONSIDERING THE NORTH LINE OF SAID SECTION 4 TO BEAT NORTH 89"37'41" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO: THENCE NORTH 89°37'41" WEST, 1015.49 FEET TO INTERSECI ION OF THE NORTH LINE OF SAID SECTION-4 NC THE CENTERLINE OF EVANS N). 2 DITCH, ALSO Br!'L THE TRUE POINT OF BEGINNING; THENCE ALC1C THE CENTERLINE Or EVANS NO. 2 DITCH BY TIE FOLLOWING 95 COURSES: I - S 3B°74'16" E, 17.59': 51 - 5 79°47'36" E, 780.54';2 - 5 33°38'13" E, 176.33'; 52 - 234.40 FEET ALONG MC Or A CURVE TO THE RIGHT, 3 - S 16°27'25" E, 63.49'; HAVING, A CENTRAL ANGLE GLE OF 35°03'44" A RADIUS 4 - 5 30°05'58" E, 270.53'; OF ;8}.04 CENTRAL 53 - 5 44°4}'51" E, 102.80'; 5 - S 28'03'00" E, 52.7°'; 54 - 5 78°27'40" E, 102.88'; 6 - 5 45°21'43' E, 77.32'; 55 - 5 19°49'46" E, 180.33'; •7 - S 46°41.03" E, 170.15'; 8 - 5.)7°51'58" E, 703.96'; 56 - 5 13°24'48" E, 377.57'; 5712°25'25" , 23.9 0' TO THE POINT Or INTERSECTIO, 9 - 5 10°)B'}y' E. 92.05'; WITH THE CENTERLINE 1D - 5 05'10'43" W, 92.70'; CHRISTINA; THE INLET DITCH TO LAKE 11 - 5 71°55'38" W, 76.09'; 58 - S 14°26'47" E, 84.04'; 12 - 216.60 FEET ALOG TIE ARE OF A CURVE TO TIE 59 - 5 20°29'19" E, 184.72'; LEFT HAVING A CENTRAL AGLE OF 55°19'07" AND 60 - 5 27°07'31" E, 73.96', A RADIUS Of 224.34 FEET; I3 - S 37'73'29" E, 110.91'; 61 - 5 3D°18'26" E, 120.54'; 14 - S ))°37'24'• E, 62.91'; 62 - 5 39°49'70" E, 78.25'; IS - 5 77°27'79" E. 95.75'; 63 - S 43°51'13" E, 51.75'; 16 - S 39°55'15" E, 61.94'; 64 - 5 55°30'55" E, 76.57'; 17 - S 34°40'32" E, 723.1.5'; 65 - 5 78°20'41'• E, 31.23'; 18 - S 39°44'11" E, 111.57'; 66 - N 45°14'70" E, 37.77'; 19 - 54.85 FEET ALONGTHE ARC Of A CURVE TO THE 67 - N 80°40.50" E, 83.38'; 68 - N 65°51'28" E, 76.29' TO THE OUTLET OF LAKE CHRISTINA; LEFT, ILAVItG A CENTRAL ANGLE OF 31°25'41" AND A RADIUS CF 100.00 FEET, TO A POINT ON THE 69 - N 77°14'04" E, 109.06'; EAST LIFE OF SAID SECTION 4 FRCN wliEH THE NCRIHSAST CORNER (NE CDR.) OF SAID SECTION 4 70 - N 89°30'73" E, 48.82'; BETAS NORTH 00°15'40" EAST, 1832.79 FEET; 71 - 5 5B°23'04" E, 61.86'; 20 - 25.77 FEET ALONG THE ARC. OF A CURVE TO THE 72 - S 44°47'00" E, 106.79'; LEFT, INNING A CENTRAL MLLE OF 14°28'46" AND 73 - S 28°03'56" E, 82.22'; A RADIUS OF 100.00 FEET; 74 - S 26°32'56" E, 102.13'; 71 - 5 87°21'57' E, 95.67'; 75 - 5 15°41'36" E, 213.92'; 27 - 5 84°09'20' E, 66.57'; 76 - S 17°5)'00"-E, 116.91'; 23 - 5 71°73'43" E, 58.91'; 74 - 5 60°04'20" E, 15.60'; 77 - 5 71°28'SL" E, 95.57'; 78 - 5 22°02'49" E, 102.41'; 25 - 5 41°47'55" E, 29.14'; 79 - 5 38°22'16" E, 124.87'; 26 - 5 17°06'52" E, 70.26'; 27 - S 01°71'0]" u, 183.70•; 80 --5 49°31'52" E, 85.82'; 81 - S 61°17'16" E, 320.24' TO A POINT ON THE EAST LINE 78 - 5 06°54'33".E, 106.57'; 29 - 5 14°16'24" E, 324.77'; OF SAID SECTION ID, FROM WHICH THE NDR T-EAST COWER (NE COP.) OF SAID SECTION 10 BEARS NORTH 00'26'56" 30 - 5 20"37'32" E, 125.98'; WEST, 2521.96 FEET; 31 - 5 24°32'40" E, 175.89'; 82 - 5 61°17'16" E, 81.87'; 32 - 5.33°42.18" E, 123.53'; 83 - S 59°75'13" E, 177.22'; 33 - 5 41°30'09" E, 117.43'; 84 - N 67°49'71" E, 48.35'; 34 - 5 46°40'26" E, 116.07'; - 85 - 5 6l°45'01" E, 281.71'; 35 - 5 51°27'25"-E, 4W,55'; 86 - 5 82°79'14" E, 22.51'; 36 - 5 46°09'59" E, 307.12'; - 87 - N 21°57'53" E. 79.1(1'; 88 - 64.82 FEET ALONG THE ARC Cr A-CURVE TO THE RIGHT, 37 - 5 48°25'4]" E, 364.58'; 38 - 5 46°53'48" E, 158.04'; NLAVING A CENTRAL ANGLE OF 132°37'49" AND A RADII'S OF 28.0D FEET; 39 - 5-40°76'79" E, 218.78'; 89 - 5 75°24'18" E, 19.45'; 40 - 5 37°15'22" E, 169.98'; 91 - N 82°39'38" E, 85.77'; 41 - 5 30°59'31" E, 154.47'; 91 - N 87°45'OI" E, 56.92';42 - S 36°42.53" E, 129.49'; 97 - N 33°51'43" W, 45.78'; 43 - S 45°57'34" E, 45.97'; 93- N 38°15'38'• W, 34.09'; 44 - S 40°37'19" E, 474.50'; 94 - N 52°58'10" E, 77.59'; 45 - 5 45°50'54" E, 55.21'; 95- N 61°29'78" E, 101.69' TO THE GILFCIRE DITCH AND THE POINT OF TERMINAT;CN, AL50 INCLUDING DIE INLET-DITCH 46 - $ 49°5]'70" E, 206.91'; 47 - 5 57°46'57" E, 76.}4'; TO LACE OIRISTINW DESCRIBED AS FOLLOWS: 48 - 5 59°59'36" E, 230.97' TO A POINT OIN THE SOuTH LINE OF SAID SECTION 3 FROM w-I CH iBE CORNER (SW CCR.) OF SAID SECTION SVTNNESHNEST SOUTH 89°28'31" WEST, 2946.24 FEET; • BEARS 49 - 5 59°59'36" E, 36.68'; 50 - 5 69°16'40" E, 99.34'; A IP CC LAND ED CTIEN 10.0DLTRORADO, FOR THE P.RPOSENCFE CONSTRUCTING,G,fiHIP 3 OPERATING, N RANGE 65 D MAINTAININGT OF THE SixTn N4 IRRIGATION CA AL.PAS MERIDIAN,STRIP WELD COUNTY, ON EACH SIDE DF THE INLET DITOI TO LACE CHRISTINA DESCRIBED AS FOLLOWS: SAID LYING 55 FEET BEGINNING AT THE NORTFMEST CORNER OF SAID SECTION 10 AD CONSIDERING TIE NORTH LINE OF SAID SECTION 10 TO DEAR NORM 89°28'31" EAST WITH ALL BEARINGS HEREIN RELATIVE(HERETO: THENCE 501/TH 76°34'39" EAST, 3951.64 FEET TO DIE TRUE POINT OF BEGINNING; 96 - THENCE NORTH 68"74.09" EAST, 83.18 FEET; 91 - TTCNCE 65.68 FEET ALOE THE MC Cr A CLAVE TO TIE LEFT, RAVING A CENTRAL ANGLE OF 55°70'17" AND A RADIUS Or 68.00 FEET; 98 - TCNEE NORTH 11°11'16" EAST. 59.68 FEET TO DC POINT-Or TF°HHb?InN IN 'Ar r..°Icr1•IA Qp(� Ny C7�()ISM d 1 Planr.-ed Unit Development Plan AFFIDAVIT CF INTEREST OWNERS SURFACE I-STATE Application No. Subject Property Beebe Draw Farms & Equestrian Center Replat First Filing STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best Df his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of preptrty (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the recwrds of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and -Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. ' LAS2C Michael T. Thomas , -P.L.S. The foregoing instrument was subscribed and sworn to before me this 020 day man uet? , 194 WITNESS my hand and official seal. , > . My Commission expires: /; 7�//7 ;fir 1 „ Notary Public / p- J i ee-4 CO Po 6 3/ 890271 Planned Unit Development Change of Zone NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET • Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Beebe Draw Farms, Ltd. 1551 Larimer Street 121303000040 Suite 2706 121304049022 • Denver CO 80202 12130400-0038 121305000016 121308000014 121317000014 State of Colorado 1551 Larimer Street 121316000001 c/o Beebe Draw Farms , Ltd. Suite 2706 Denver, CO 80222 Aristocrat Angus Ranch 9053 WCR 34 121303000028 Platteville, CO. 80651 121303000029 121304000013 121304000039 121310000027 121311000016 Farmers Reservoir and 80 S. 27th Avenue 121310000019 Irrigation Co. Brighton, CO 80621 121310000021 121311000003 121311000017 390271 Planned Unit Development Change of Zone TAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION !.! Heirs of Donald J. Moser Rt. 1 Box 1-51 121303000015 LaSalle, CO 80645 JJ and Anna Wardell 18253 WCR 32 121307000006 • 890271 Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Replat of the First Filing -of Beebe Draw Farms -and -Equestrian Center STATE OF COLORADO ) CITY AND DENVER) ss. /COUNTY OF VELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names • and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. BEEBE RAW FARMS, LTD. I I ILK \ papa Morris Burk, General Partner The foregoing instrument was subscribed and sworn to before me this 20th day of January , 1989. WITNESS my hand and official seal. My Commission expires: 8/27/89 Notary Publid / rO2 1 REPLAT OF THE FIRST FILING MINERAL AND/OR SUBSURFACE INTEREST OWNERS Aristocrat Angus Ranch Ben Houston, General Partner Route 2, Box 76-A Platteville, CO 80651 Upland Industries Corporation 110 North 14th St. , #1000 Omaha, NE 68102 United States of America BLM-, Northeast Resource Area 10200 W. 44th Ave. Wheatridge, CO 80033 LESSEES Union Pacific Resources Company P.O.Box 1257 Englewood, CO 80150 A-W Oil and Gas, Inc. 600 Travis Street, Suite 6850 Houston, TX 77002 Vessels Oil & Gas Company 600 South Cherry, #1220 Denver, CO 80222 Amoco Production Company P.O.Box 591 Tulsa, OK 74102 C O 71 STATEMENTS ACCOMPANYING THE APPLICATION FOR THE REPLAT OF THE -FIRST FILING OF BEEBE DRAW FARMS AND EQUESTRIAN CENTER SUMMARIZING THE PUD PLAN AND INCLUDING REQUIREMENTS 10, 11, 12, 13, 14, 16, 17, AND 28. 10. The -total area of the PUD plan - the Replat of the First Filing of Beebe Draw Farms and Equestrian Center - contains 1163.786 acres. This includes 188 R-1 Single family lots and Outlots 1, 2 and 3 totaling 490.683 acres (average lot size of 2.43 acres, minimum lot size of 1.52 acres) , and 593.166 acres of Greenbelt-Recreation and Open Space. There are 79.937 acres of roads. The following listed buildings will be built by the Beebe Draw Farms Metropolitan District in the Replat of the First Filing: 1. The Entrance Gate House, Signage, Fencing, and Landscaping as shown on accompanying plan photo. 2. The Metropolitan District and Property Owners Headquarters building to go on Outlot 1. This is a two story building designed to look like a single family house, and includes offices, garage bays for the fire engine, snow plow and a pickup truck, with the superintendent of maintenance' s apartment on the second floor, per the accompanying plan photo. 3. The Property Owners Club House on Outlot 2 overlooking the Milton Lake, with swimming pool , tennis courts, and parking. Below the Club House, in the lake, will be the Small Boat Marina with floating docks, the north half of which will be built in this first phase. The Marina is on land leased from F.R.I.C.O. 4. An Outdoor Arena with Judges Stand and seating facilities on the adjoining hillsides will be built in Outlot A. 5. Already completed and being used are: a. 4 Cross Country Courses with 67 jumps and a start and finish area with Judges Stand. b. Dressage and Stadium Jumping Arena of approximately 12 acres. 11. The uses of each of the buildings is basically described by the descriptions in paragraph 10. Maintenance on each will be performed by the Metropolitan District and operating rules and policing will be by the Property Owners Association. All other buildings will be single family residences built by Home Builders or Lot Owners. 12. -Proposed Buffering and Screening: The buffering of the PUD is indicated on the Landscaping Plan. There is a minimum 200' greenbelt buffer seperating the lots from any adjacent County roads, and no homesites front on or enter from any County roads. The entrance off of WCR 39 is heavily landscaped. The only uses in the PUD that would not otherwise be compatible are the gas wells on the property. These will be screened and buffered as each individual location may require with a combination of landscaping buffer and decorative screening, with all of the facilities being painted a Sage Green. The plans for the 3 well locations in the replatted First Filing of 188 lots is shown and specified on the Landscaping Plan. See sheet 2 of the PUD Plat. 890271 2. 13. A 36 acre School Site and a one acre Fire Station Site have been set aside to be donated with the recording of the second filing. The kecrNat; -, , areas and Greenbelts will be deeded to the Property Owners Association and all are shown on the Replat of the First Filing. The buildings to be built by the District will be on Outlots 1 and 2, which will be deeded to the District upon sale of the bonds. 14. The Recreation and Greenbelt Areas as described in 13 above will be owned and riaintained in perpetuity by the Property Owners Association as provided for in the Covenants (See 7 and 15) . A Cooperators Agreement has been entered into with the Soil Conservation Service for monitoring and assistance on maintaining the greenbelts which will have equestrian trails meandering through them. 15. A copy of the Restated Declaration of Covenants and Restrictions has been furnished. 16. The construction schedule for the PUD Plan, assuming that the Replat is recorded by March 15, 1989, is as follows: (all dates in 1989 unless otherwise indicated) Start Complete A. Sale of the Bonds and Closing of the Development Financing May 15 B. Work to be performed by the Beebe Draw Farms Metropolitan District: 1. Access Road Construction and Jun 15 Nov 13 Paving 2. Interior Road Construction, Jun 15 Sep 15 Grading and Drainage 3. First Stage Water System Jun 15 Sep 15 (minimum of 100 lots) 4. Amenities Construction: Jun 15 Dec 15 Gate House, Headquarters, Club House 5. Landscaping and Buffering Sep 1 Jun 1 , 90 6. Second Stage Water System May 1, 90 Aug 1, 90 (approx. 88 lots) C. Developers Work 1. Staking and Surveying May 15 Jul 15 2. Installation of Electric for Jun 15 Sep 15 First Stage - Union REA 3. Installation of Telephone for Jun 15 Sep 15 First Stage - U.S. West 890271 3. 17. Statement Describing the Method or Financing for the Development and Estimated Construction Costs: a. The first stage of the Access Road paving, the infrastrur:tore development work, and the construction of the amenities and landscaping will be performed -by the Beebe Draw Farms Metropolitan District, using Bond -proceeds. The plat engineering, lot staking, and the installation of the underground -electric and telephone will be paid for by the Developer from the proceeds of the Developk:ient Loan financing. b. The estimated construction costs for the Replat of the First Filing are: Access Roads (WC-R 32 and 39) Repaving 1300,000 Interior Roads, Drainage and Grading 502,000 Water Distribution System 734,000 Entrance, Gate House and Landscaping 60,000 Headquarters Building 150,000 Club House, Swimming Pool and Tennis Courts 250,000 Small Boat Marina (North Half) 50,000 Outdoor -Arena 20,000 Engineering and Surveying 20,000 Electrical Installation 175,000 Telephone Installation 70,1100 28. The design objectives of the Landscaping Plans and the buffering proposals shown on sheet 2 of the PUD Plat are to keep the area looking as natural and open as possible, and to best preserve the existing vegetation and wildlife. To that end: a. The lots are large averaging approximately 2.43 acres each. b. The Covenants do not permit perimeter fencing around the lots. c. The Covenants require and specify landscaping for each residence. d. The road system is private, and no lots access the County roads or Beebe Draw Farms Parkway. e. The gas wells will be well buffered visually from the residences. f. The greenbelts will be maintained by the Property Owners Association under guidelines set out by the Soil Conservation Service, with which the Association is a Contract Cooperator. g. Street and parkway landscaping will be installed at d;,propriate and highly visible locations and maintained under the Parks Section of the District. 890271 | 5&w, i.I , A . ! 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I .l w 1 putt Hit ` / TZ4Z968 b.1.4 r4 Kd Ar/ 1 oik[.l ■i It pm RI ■ it I =1la, °ri n, - rI ;�--,pm, I a Ili i [ I 1-1 �� 1 �II' ,, TT t PI r a+ . -Ali Z o a io 4 I • 4 _r 14 i i� '■Int` w w arc j t L; f: w, is a , ��} 1 g J 3 1 Oil and Gas Production Facilities in the PUD As noted on the Plat: oil and gas production facilities are a Permitted Use in this PUD, and all dwelling units, the indoor and outdoor arenas, stadiums, and the clubhouse shall be located a minimum of 300 feet from oil and gas drill sites and production facilities. The existing well sites in the Replat of the First Filing will continue to be serviced by the present oil company roads, although a few will be serviced from subdivision roads after they have been built. Locations of future drill sites are agreed to with the operators or the mineral lessees for all sites in the Replat of the First Filing, and access will be available to all sites either from existing service roads or from future subdivision roads. Before deeding of title to a lot in the Replat of the First Filing, there will be an agreement with the appropriate oil company that no well site may be located within 300 feet of the permiessable building envelope for that lot as provided in the applicable covenants or restrictions for that lot. 890271 Use of Water from Existing Stock Wells There are a number of small volume stock wells on the whole PUD property although none are in the lot area of the Replat of the First Filing. Not all of the wells are operable. Several have windmills and four have small submersible pumps. All have been drilled and operating for many years. It is desired that a number will continue to be used for stock water for horses at the Equestrian Center and along the riding trails. '0,71 RESOLUTION RE: CERTIFICATION OF BEEBE DRAW SPECIAL ELECTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on Tuesday, December 3 , 1985 , the Beebe Draw Special Election was held, with the total number of qualified voters casting ballots being two, with both ballots being in favor of the creation of the Beebe Draw Law Enforcement Authority, and WHEREAS , on December 4 , 1985 , the Board of County Commissioners accepted the Certification of said special election, thereby making January 3 , 1986 , the effective date for the creation of the Beebe Draw Law Enforcement District, and WHEREAS, the Board deems it advisable to schedule a hearing on April 2 , 1986 , at 2 :00 p.m. to convene as the Board for said Law Enforcement District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of the Beebe Draw Special Election be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that April 2 , 1986 , at 2 :00 p.m. be, and hereby is , scheduled as the date for the Board of County Commissioners to convene as the Board for the Beebe Draw Law Enforcement District. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 4th day of December, A.D. , 1985 . 1,4 - -I- BOARD OF COUNTY COMMISSIONERS ATTEST: 'mai, `�",4—a ,iti WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jac eline Johnson, Chairman Gene R. Brantner, Pro-Tem Dputy County Cl rk EXCUSED APPROVED AS TO FORM: C.W. Kirb /92;)'' 5(/ Gordox E`. a _ "r County Attorney r4% / r ✓/d7' 1_l__C_K�_ Frank Yamagu, 89027j STATE OF COLORADO ) as • COUNTY OF WELD This is to certify that the Abstract of Votes cast in the Beebe Draw Special Election held on Tuesday, December 3, 1985. was as follows: Total number of qualified voters wore and the total ballots cast were �. ' es and Q No. In Testimony Whereof, We, the members of the Board of Canvassers for the Beebe Draw Special Election, have hereunto set our hands this 4th day of December, 1985. Cer ant Recorder of Weld County JC -2Z Board of Canvassers//l( ! , /41(444/1?-1--,— Board of Canvassers C?O'.71 Hello