HomeMy WebLinkAbout991650.tiff RESOLUTION
RE: APPROVE CONSOLIDATED SERVICE PLAN OF BEEBE DRAW FARMS
METROPOLITAN DISTRICT NO. 1 AND BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO. 2
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado; and
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
has jurisdiction over the approval of service plans, or material modifications thereof, of special
districts organized within the County, pursuant to Sections 32-1202(1)and 32-1-203(1),C.R.S.; and
WHEREAS, pursuant to the provisions of Part 2 of Article 1, Title 32, C.R.S.,the Petitioners
filed a Consolidated Service Plan for material modifications of the Service Plan of the Beebe Draw
Farms Metropolitan District No. 1 and the organization of the Beebe Draw Farms Metropolitan
District No. 2 ("Districts") in Weld County, Colorado, on May 28, 1999; and
WHEREAS,pursuant to the provisions of Subsections 32-1-202(1)and 32-1-204(1), C.R.S.,
the Board of County Commissioners of Weld County, Colorado, scheduled a public hearing on the
Consolidated Service Plan which was held at 10:00 a.m. on July 21, 1999; and
WHEREAS, notice of the date, time and location and purpose of such hearing was duly
published in the Fort Lupton Press, a newspaper of general circulation, on June 30, July 7, and
July 14, 1999; notice was provided to the Division of Local Government in the Department of Local
Affairs of the names and type of Districts; notice of such hearing was also provided to the
Petitioners, to the governing body of each municipality and of each special district which levied an
ad valorem tax within the preceding tax year and which had boundaries within a radius of three (3)
miles of the Districts, and to the Division of Local Government as required by Sections 32-1-202(1)
and 32-1-204(1), C.R.S.; and letter notification of such hearing was mailed to the property owners
within the boundaries of the Districts, pursuant to Section 32-1-204(1.5), C.R.S.; and
WHEREAS, the Weld County Planning Commission studied and considered the
Consolidated Service Plan at its meeting of June 15, 1999, at which time the Planning Commission
recommended approval of the Consolidated Service Plan and subsequently presented its
recommendation to the Board of County Commissioners, pursuant to Section 32-1-204(2), C.R.S.;
and
WHEREAS,the Board of County Commissioners, on July 21, 1999, conducted said public
hearing on this matter, taking evidence establishing the authority of the Board to hear this matter,
and further taking evidence regarding all jurisdictional requirements set forth in Part 2 of Article 1,
Title 32, C.R.S., at which hearing all interested parties were afforded an opportunity to be heard;
and
WHEREAS, the Board of County Commissioners has fully considered the Consolidated
Service Plan and all testimony and other evidence presented thereto, including the favorable
recommendation of the Weld County Planning Commission.
991650
SD0001
RE: CONSOLIDATED SERVICE PLAN OF BEEBE DRAW FARMS METROPOLITAN
DISTRICTS NO. 1 AND BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2
PAGE 2
WHEREAS, after review, the Board deems it advisable to approve said Consolidated
Service Plan, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that:
Section 1. The Board of County Commissioners hereby determines that all of the
jurisdictional and other requirements of Part 2 of Article 1, Title 32, C.R.S., have been fulfilled,
including those relating to the filing and form of the Consolidated Service Plan,the form, publication
and mailing of the notice of the public hearing on the Consolidated Service Plan, and the type of
public hearing held in these proceedings.
Section 2. Based upon the information contained within the Consolidated Service Plan and
evidence presented to the Board at said hearing, the Board hereby Finds and determines as
follows:
A. There is sufficient existing and projected need for organized services of the nature
proposed in the Consolidated Service Plan in the area to be serviced by the
Districts;
B. The existing services in the area to be served by the Districts are inadequate for
present and projected needs;
C. The Districts are capable of providing economical and sufficient services to the area
within their proposed boundaries;
D . The area to be included within the Districts will have the financial ability to discharge
proposed indebtedness on a reasonable basis;
E. Adequate services are not and will not be available to the area through Weld County
or another governmental organization, including special districts, within a
reasonable time and on a comparable basis;
F. The facilities and service standards of the Districts are or will be compatible with the
facilities and service standards of Weld County and other governmental
organizations having relations with the Districts;
G. The Consolidated Service Plan is in substantial compliance with the Weld County
Comprehensive Plan;
H. The Consolidated Service Plan is in compliance with the long-range water quality
management plan for the area;
I. The restructuring of the Districts will be in the best interests of the area to be served
and will result in the most economical and reliable means of implementing the
Consolidated Service Plan.
991650
SD0001
RE: CONSOLIDATED SERVICE PLAN OF BEEBE DRAW FARMS METROPOLITAN
DISTRICTS NO. 1 AND BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2
PAGE 3
Section 3. The Consolidated Service Plan of the Districts shall be, and hereby is, approved
conditioned upon the addition to part VIII of the Consolidated Service Plan of a new subsection 3.
to read as follows: "The inclusion of 80 acres or more into District 1 shall require notice be provided
in accordance with the procedures found in Section 32-1-207(3)(b), C.R.S."
Section 4. The Clerk to the Board is hereby directed to advise the Petitioners in writing of
this action and to attach a certified copy of this Resolution for the purpose of filing the same with
the District Court of Weld County.
Section 5. All Resolutions, or parts thereof, in conflict with the provisions hereof, are
hereby repealed to the extent of such conflict only.
Section 6. This Resolution, immediately upon its passage, shall be authenticated by the
signatures of the Board of County Commissioners and the Clerk to the Board and sealed with the
corporate seal of the County.
Section 7. This Resolution is necessary for the public health, safety and welfare of the
citizenry of the County of Weld, State of Colorado.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
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991650
SD0001
NOTICE OF HEARING TO CONSIDER A CONSOLIDATED SERVICE PLAN FOR THE
BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 AND BEEBE DRAW FARMS
METROPOLITAN DISTRICT NO. 2, WELD COUNTY, COLORADO
DOCKET #99-44
PUBLIC NOTICE IS HEREBY GIVEN that there were filed with the Clerk to the Board of
Weld County, Colorado, a Consolidated Service Plan and related documents for the Beebe Draw
Farms Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2. The
Consolidated Service Plan and related documents are now on file in the office of the Clerk to the
Board and are available for public inspection during normal business hours.
NOTICE IS FURTHER GIVEN that by Order of the Board of County Commissioners of Weld
County, Colorado, a public hearing on such Consolidated Service Plan and related documents will
be held in the First Floor Assembly Room, 915 10th Street, Greeley, Colorado, at 10:00 a.m. on
the 21st day of July, 1999.
The purpose of the public hearing shall be to consider the adequacy of the Consolidated
Service Plan with respect to proposed material modifications of the Service Plan of the Beebe Draw
Farms Metropolitan District No. 1 and the organization of the Beebe Draw Farms Metropolitan
District No. 2 and to form a basis for adopting a Resolution approving, conditionally approving, or
disapproving the Consolidated Service Plan.
Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District
No. 2 are located entirely within Weld County, Colorado, and are described in Exhibit A attached
hereto and incorporated herein by this reference.
In accordance with the procedures set forth in Section 32-1-203(3.5), C.R.S., the owner of
any real property within the boundaries of Beebe Draw Farms Metropolitan District No. 1 and
Beebe Draw Farms Metropolitan District No. 2 may submit to the Board of County Commissioners
of Weld County, Colorado, no later than ten days prior to the date of hearing, a request that such
property be excluded from the proposed Districts.
THIS NOTICE GIVEN BY ORDER of the Board of County Commissioners of Weld
County, Colorado, this 28th day of June, 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 25, 1999
PUBLISHED: June 30, July 7, and July 14, 1999, in the Fort Lupton Press
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EXHIBIT A
[FIGURE 3]
Legal Description of District No. 1
Legal Description of a parcel of land being located in Sections 3, 4, 5, 8, 9, 10, 15, 16 and 17,
Township 3 North, Range 65 West of the 6th Principal Meridian, 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 as bearing South 89°27'00"West and with all bearings contained herein relative
thereto; thence along said South line South 89°27'00"West 5138.65 feet to the Southeast
Corner of said Section 17; thence along the South line of said Section 17 South 89°32'56"
West 5327.95 feet to the Southwest Corner of said Section 17; thence along the West line
of said Section 17 North 00°29'53" West 5259.39 feet to the Northwest Corner of said
Section 17; thence along the West line of said Section 8 North 00°09'44" West 5291.77
feet to the Northwest Corner of said Section 8; thence along the West line of the Southwest
Quarter of said Section 5 North 00°2529"West 2654.03 feet to the West Quarter Corner
of said Section 5; thence along the West line of the Northwest Quarter of said Section 5
North 00°24'36" West 1327.22 feet to the Southwest Corner of the North half of the
Northwest Quarter of said Section 51 thence along the South line of the North half of the
Northwest Quarter of said Section 5 North 89°44'12" East 2631.31 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 North 89°44'12"
East 1331.58 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 North 00°39'07" West 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 the Northeast Quarter of said Section 5 North 89°39'32" East 1333.17 feet
to the Northeast Corner of said Section 5; thence along the North line of the Northwest
Quarter of said Section 4 North 89°45'34" East 2638.09 feet to the North Quarter Corner
of said Section 4; thence along the North line of the Northeast Quarter of said Section 4
North 89°24'21" East 805.01 feet; thence departing said North line South 40°04'03" East
9.61 feet to the centerline of the Platte Valley Canal as recorded in Book 1068 under
Reception No. 02008616, records of said County;thence along said centerline the following
25 courses and distances; South 10°09'07"West 45.49 feet;thence South 27"01'47"West
281.98 feet; thence South 35°02'43" West 129.95 feet; thence South 46"24'26" West
113.95 feet; thence South 67°56'02"West 114.41 feet to the beginning of a tangent curve
concave to the Southeast having a central angle of 43°14'52" and a radius of 210.00 feet,
thence Southwesterly along the arc of said curve 158.51 feet to the end of said curve;
thence tangent from said end of curve South 24°41'10" West 39.72 feet to the beginning
of a tangent curve concave to the East having a central angle of 68°10'08" and a radius of
217.23 feet, thence Southeasterly along the arc of said curve 258.45 feet to the end of said
curve; thence tangent from said end of curve South 43°28'58" East 159.97 feet to the
beginning of a tangent curve concave to the Southwest having a central angle of 48°38'11"
and a radius of 81.88 feet; thence Southerly along the arc of said curve 69.51 feet to the
end of said curve; thence tangent from said end of curve South 05°09'12"West 19.20 feet
to the beginning of a tangent curve concave to the Northwest having a central angle of
25°54'10" and a radius of 260.90 feet; thence Southwesterly along the arc of said
curve117.95 feet to the end of said curve; thence tangent from said end of curve South
31°03'22" West 130.58 feet; thence South 09°40'40" West 95.26 feet; thence South
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03°11,43" East 116.07 feet to the beginning of a tangent curve concave to the Northeast
having a central angle of 36°30'36"and a radius of 180.24 feet;thence Southeasterly along
the arc of said curve 114.85 feet to the end of said curve, thence tangent from said end of
curve South 39°42'19" East 116.57 feet to the beginning of a tangent curve concave to the
Northeast having a central angle of 45"22'3" and a radius of 4.82 feet; thence
Southeasterly along the arc of said curve 90.93 feet to the end of said curve, thence
tangent from said end of curve South 85°04'50" East 170.71 feet to the beginning of a
tangent curve concave to the Southwest having a central angle of 68°29'30" and a radius
of 126.33 feet; thence Southeasterly along the arc of said curve 151.02 feet to the end of
said curve; thence tangent from said end of curve South 16°35'20" East 120.95 feet to the
beginning of a tangent curve concave to the West having a central angle of 25°35'07" and
a radius of 440.41 feet; thence Southerly along the arc of said curve 196.66 feet to the end
of said curve; thence tangent from said end of curve South 08°59'48"West 101.24 feet to
the beginning of a tangent curve concave to the Northeast having a central angle of
59°32'10" and a radius of 242.34 feet; thence Southeasterly along the arc of said curve
251.82 feet to the end of said curve, thence tangent from said end of curve South
50°32'22" East 97.62 feet; thence departing said centerline North 89°31'39" East 2111.73
feet; thence North 17°52'53" West 380.92 feet; thence North 89°31'39" East 337.87 feet;
thence North 00°28'21" West 150.00 feet; thence North 89°31'39" East 1867.95 feet;
thence South 00°14'30"West 680.87 feet;thence South 88°49'23" East 78.63 feet;thence
South 12°49'39" East 29.72 feet; thence South 77°10'18" West 30.00 feet; thence South
12°49'43"East 30.00 feet;thence North 77°10'18"East 30.00 feet;thence South 12°49'56"
East 14.14 feet; thence South 19°27'45" East 607.82 feet; thence South 43°51,20" East
959.22 feet thence South 11°54'57" East 159.45 feet; thence South 60"05'14" East
1098.46 feet; thence South 22°08'46" East 2187.26 feet; thence South 17"45'43" West
814.40 feet to a point on the Northerly line of that certain parcel of land described in deed
as Parcel A, recorded in Book 1068 under Reception No. 02008614, records of said
County; thence along said Northerly line the following 5 courses and distances; South
38°04'26" West 66.71 feet; thence South 70°24'28" West 210.50 feet; thence North
65°42'40" West 1366.02 feet; thence North 44°50'58" West 1116.45 feet; thence South
71 °22'10" West 137.84 feet; thence departing said Northerly line South 71 `22'10" West
539.96 feet,thence South 43°28'15"East 318.43 feet;thence South 16°14'00"East 175.00
feet; thence South 00°40'00" East 380.00 feet; thence South 27°02'02" West 73.00 feet;
thence North 65016'00" West 155.00 feet; thence North 56009'00" West 462.00 feet;
thence North 68059'00" West 256.00 feet; thence South 31013'00" West 248-00 feet;
thence South 80'26'00" West 196.00 feet; thence North 65007'00" West 214.52 feet to a
point on the Easterly line of that certain parcel of land described in deed as Exhibit A
recorded in Book 1068 under Reception No. 02008614, records of said County; thence
along said Easterly line the following 13 courses and distances; North 29011'51 " West
43.34 feet; thence North 363504"West 285.27 feet; thence North 69049'46"West 52.20
feet; thence North 34'41'43" West 94.87 feet; thence North 40048'08" East 154.56 feet;
thence North 72048'51" East 101.53 feet; thence North 31054'29" East 62.43 feet; thence
North 17'31'32" East 59.77 feet; thence North 20'04'7" West 110.72 feet; thence North
07006'02" West 291-23 feet; thence North 11150'01" West 107.28 feet; thence North
33054'04" West 150.60 feet; thence North 07'02'17" West 163.23 feet-lo a point on the
Easterly line of that certain parcel of land described in deed as Exhibit B recorded in Book
1068 under Reception No. 02008614, records of said County; thence along said Easterly
line North 36047'35" East 143.90 feet; thence departing said Easterly line North 57'06'34"
West 166.61 feet, thence North 75'57'04"West 582.06 feet; thence North 88050'24"West
134.11 feet to a point on said Easterly line; thence departing said Easterly line North
27127'03" West 226.36 feet, thence North 3902625" West 223.17 feet to a point on said
Easterly line; thence departing said Easterly line North 09054'20"West 362.45 feet; thence
991650
North 17002'45" West 167.22 feet to a point on said Easterly line; thence departing said
Easterly line North 28'46'38" West 241.99 feet, thence North 42033'43" West 106.54 feet
to a point on said Easterly line; thence along said Easterly and Northerly lines of said
Exhibit B the following 8 courses and distances; North 61052'04"West 76.22 feet; thence
North 89017'02" East 139.17 feet; thence North 03045'51"West 390.32 feet; thence North
70152'01" West 116.11 feet; thence North 72017'16" West 122.30 feet; thence North
55039'25" West 181.68 feet; thence North 31'18'35" West 1063.87 feet, thence South
58'31'52" West 57.39 feet; thence departing said Northerly line South 31028'08" East
522.19 feet; thence South 10'25'09" East 99.33 feet; thence South 33'45'06" East 157.31
feet; thence South 51032'58"West 95.52 feet to a point on the Westerly line of that certain
parcel of land described in deed as Exhibit A recorded in Book 1068 under Reception No.
02008614 records of said County; thence along said Westerly line the following 3 courses
and distances; South 00"23'32" East 177.92 feet; thence South 10018'17" East 78.26 feet;
thence South 30046,13" East 152.46 feet; thence departing said Westerly line South
47'56'08" East 265.05 feet; thence South 37'58'18" West 164.42 feet; thence South
06'08'48"West 239.20 feet to a point on said Westerly line; thence departing said Westerly
line South 33'32'10" East 129.62 feet; thence South 74'20'47" East 218.49 feet to a point
on said Westerly line; thence departing said Westerly line South 21'05'52"East 136.12 feet
to a point on said Westerly line; thence departing said Westerly line South 05'34'43" East
216.02 feet to a point on said Westerly line; thence along said Westerly line South
40038'56" East 130.48 feet; thence departing said Westerly line South 06037,15" West
112.76 feet to a point on said Westerly line; thence along said Westerly line the following
3 courses and distances; South 13'34'14" East 59.67 feet; thence South 35026'24" East
136.24 feet; thence South 49159'37" East 73.11 feet; thence departing said Westerly line
South 72103'02" East 149.26 to a point on said Westerly line; thence departing said
Westerly line South 28'24'46" East 133.76 feet; thence South 40'21'52" East 122.55 feet;
thence South 31008'20" East 168.24 feet to a point on said Westerly line;thence along said
Westerly line the following 2 courses and distances; South 35026'45"N East 144.84 feet;
thence South 52'48'55" East 145.60 feet: thence departing said Westerly line South
5303520"East 274.60 feet to a point on said Westerly line; thence departing said Westerly
line South 01'31'33"West 75.03 feet to a point on said Westerly line; thence departing said
Westerly line South 30003'16"West 263.26 feet;thence South 06'03'15"East 282.44 feet;
thence South 25015'47" East 337.55 feet to a point on said Westerly line, thence departing
said Westerly line South 23051'09" East 264.59 feet; thence South 29030'41" East 174.35
feet to a point on the Easterly line of that certain parcel of land described in deed, recorded
in Book 1068 under Reception No. 02008615, records of said County; thence along said
Easterly line the following 6 courses and distances; South 37"11'26"East 96.99 feet;thence
South 52103'11" East 69.68 feet; thence South 55'31'12" East 148.65 feet; thence South
16'11'37" East 138.93 feet; thence South 42'52'31" East 177.69 feet; thence South
25'09'42" East 155.19 feet; thence departing said Easterly line South 24047'31" East
180.62 feet;thence South 36043'59"East 146.03 feet;thence South 25'08'23"West 111.15
feet, thence South 02001'55" East 227.19 feet; thence South 20'03'39" East 193.90 feet;
thence South 12'33'0"1 East 346.85 feet; thence South 10022'6" West 264.13 feet, thence
South 05007'42"West 157.19 feet; thence South 32'32'33 West 220.12 feet; thence South
19'19'41" West 268.66 feet; thence South 38004'00" West 284.92 feet; thence South
79'43'0" West 714.61 feet; thence South 24052'12" West 224.67 feet; thence South
07013'57" East 37.52 feet to a point on the Northerly line of said Section 15; thence along
said Northerly line North 89028'21" East 75.13 feet; thence departing said Northerly line •
South 00'41'51" East 5263.69 feet to a point on the Southerly line of said Section 15;
thence along said Southerly line South 89048'56"West 358.01 feet to the Southeast Corner
of said Section 16; said point also being the TRUE POINT OF BEGINNING; Including that
portion thereof platted as Beebe Draw Farms and Equestrian Center" First Filing under
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Revised Plat and Dedication recorded April 12, 1988 in Book 1192 as Reception No.
2137453.
The above described parcel contains 4120.472 acres more or less and is subject to the
following easements, agreements and rights-of-way.
Deed recorded in Book 512, Page 551, (location of right-of-way cannot accurately be
defined per legal description), Deed recorded in Book 655, Page 293, Deed recorded in
Book 655, Page 502, Agreement recorded in Book 961, Page 223, Right-of-Way and
Easement recorded in Book 1045 under Reception No. 01983413, (location of right-of-way
and easement cannot accurately be defined per legal description), Quit Claim Deed
recorded in Book 1068 under Reception No, 02008614 (shown hereon), Quit Claim Deed
recorded in Book 1068 under Reception No. 02008615 (shown hereon), Quit Claim Deed
recorded in Book 1068 under Reception No. 02008616 (shown hereon), Canal Right-of-
Way Agreement recorded in Book 1068 under Reception No. 02008617, Quit Claim Deed
recorded in I3ook 1068 under Reception No. 02008618, Quit Claim Deed recorded in Book
1068 under Reception No. 02008619 (shown hereon), Quit Claim Deed recorded in Book
1068 under Reception No. 02008620 (shown hereon), Agreement recorded in Book 1068
under Reception No. 02008621, Right-of-Way recorded in Book 1068 under Reception No.
02008622 (shown hereon), Grazing and Recreational Lease recorded in Book 1068 under
Reception No.02008623,Amendment to Grazing and Recreational Lease recorded in Book
1068 under Reception No. 02008624, Quit Claim Deed re6drded in Book 1068 under
Reception No.02008625(20 foot access easement subject to grazing lease), Right-of-Way
easement and Licenses recorded in Book 1068 under Reception No. 02008626, Quit Claim
Deed recorded in Book 1068 under Reception No. 02008627 (reconfirms rights previously
granted in Book 1045 under Reception No. 10983413), Quit Claim Deed recorded in Book
1068 under Reception No. 02008628 (20 foot permanent access easement), Quit Claim
Deed recorded in Book 1076 under Reception No. 02017072 (affects parcels recorded in
Book 1068 under Reception No. 02008628, Reception No. 02008620, Reception No.
02008616 and Reception No. 02008627), Quit Claim Deed recorded in Book 1111 under
Reception No. 02052204, Quit Claim Deed recorded in Book 1112 under Reception No.
02053446, (Amends Legal in Quit Claim Deed recorded in Book 1068 under Reception No.
02008619), Agreement recorded in Book 1117 under Reception No. 02058723, Grazing
and Recreational Lease recorded in Book 1148 under Reception No. 02090926, Order
Approving Settlement Agreement recorded in Book 1201 under Reception No. 02147157,
Supplemental Declaration recorded in Book 1224 under Reception No. 02170703,
(Relocates easement granted in Book 1068 under Reception No 02008628), Amendment
to Grant of [Easement Recorded in Book 1268 under Reception No. 02218734, (restates
and amends right-of-way and easement recorded in Book 1045 under Reception No.
01983413 and Book 1068 under Reception No. 02008627), Oil and Gas Lease recorded
in Book 1327 under Reception No. 02280130 and ail other easements, agreements and
rights-of-way of record.
EXHIBIT A
[FIGURE 4 - LEGAL DESCRIPTION OF DISTRICT No. 2]
District 2 -Legal Description
Legal Description of a parcel of land being located in Sections 3, 4, 5, 8, 9, 10, 15, 16 and 17,
Township 3 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado being
more particularly described as follows:
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Beginning a: the Southeast Corner of said Section 16 and considering the South line of
said Section 16 as bearing South 89'27'00" West and with all bearings contained herein
relative thereto; thence along said South line South 89'27'00" West 5138.65 feet to the
Southeast Corner of said Section 17; thence along the South line of said Section 17
South 89'32'56" West 5327.95 feet to the Southwest Corner of said Section 17; thence
along the West line of said Section 17 North 00'29'53" West 5259.39 feet to the
Northwest Corner of said Section 17; thence along the West line of said Section 8 North
00'09'44" West 5291.77 feet to the Northwest Corner of said Section 8; thence along the
West line of the Southwest Quarter of said Section 5 North 00'25'29" West 2654.03 feet
to the West Quarter Corner of said Section 5. thence along the West line of the
Northwest Quarter of said Section 5 North 00'24'36" West 1327.22 feet to the
Southwest Corner of the North half of the Northwest Quarter of said Section 5; thence
along the South line of the North half of the Northwest Quarter of said Section 5 North
89044'12" East 2631.31 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 North 89044'12" East 1331.58 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
North 00'39'07" West 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 the Northeast
Quarter of said Section 5 North 89139'32" East 1333.17 feet to the Northeast Corner of
said Section 5; thence along the North line of the Northwest Quarter of said Section 4
North 89'45'34" East 2638.09 feet to the North Quarter Corner of said Section 4; thence
along the North line of the Northeast Quarter of said Section 4 North 89'24'21" East
805.01 feet; thence departing said North line South 40004'03" East 9.61 feet to the
centerline of the Platte Valley Canal as recorded in Book 1068 under Reception No.
02008616, records of said County; thence along said centerline the following 25 courses
and distances; South 10009'07" West 45.49 feet; thence South 27'01'47" West 281.98
feet; thence South 35'02'43" West 129.95 feet; thence South 46'24'26" West 113,95
feet, thence South 67'56'02" West 114.41 feet to the beginning of a tangent curve
concave to the Southeast having a central angle of 43014'52" and a radius of 210.00
feet; thence Southwesterly along the arc of said curve 158.51 feet to the end of said
curve; thence tangent from said end of curve South 24141'10" West 39.72 feet to the
beginning of a tangent curve concave to the East having a central angle of 68010'08"
and a radius of 217.23 feet; thence Southeasterly along the arc of said curve 258.45
feet to the end of said curve; thence tangent from said end of curve South 43128'58"
East 159.97 feet to the beginning of a tangent curve concave to the Southwest having a
central angle of 48038'11 " and a radius of 81.88 feet; thence Southerly along the arc of
said curve 69.51 feet to the end of said curve; thence tangent from said end of curve
South 05009'12" West 19.20 feet to the beginning of a tangent curve concave to the
Northwest having a central angle of 25'54'10" and a radius of 260.90 feet; thence
Southwesterly along the arc of said curve 117.95 feet to the end of said curve; thence
tangent from said end of curve South 31003'22" West 130.58 feet; thence South
09040'40" West 95.26 feet; thence South 03011,43" East 116.07 feet to the beginning
of a tangent curve concave to the Northeast having a central angle of 36'30'36" and a
radius of 180.24 feet; thence Southeasterly along the arc of said curve 114.85 feet to
the end of said curve; thence tangent from said end of curve South 39'42'19" East
116.57 feet to the beginning of a tangent curve concave to the Northeast having a
cefTtral angle of 45022'3" and a radius of 4.82 feet; thence Southeasterly along the arc
of said curve 90.93 feet to the end of said curve, thence tangent from said end of curve
South 85004'50" East 170.71 feet to the beginning of a tangent curve concave to the
991650
Southwest having a central angle of 68029'30" and a radius of 126.33 feet; thence
Southeasterly along the arc of said curve 151.02 feet to the end of said curve: thence
tangent from said end of curve South 16'35'20" East 120.95 feet to the beginning of a
tangent curve concave to the West having a central angle of 25'35'07" and a radius of
440.41 feet; thence Southerly along the arc of said curve 196.66 feet to the end of said
curve; thence tangent from said end of curve South 08'59'48" West 101.24 feet to the
beginning o'a tangent curve concave to the Northeast having a central angle of
59'32'10" arid a radius of 242.34 feet; thence Southeasterly along the arc of said curve
251.82 feet to the end of said curve; thence tangent from said end of curve South
50032'22" East 97.62 feet; thence departing said centerline North 89'31'39" East
2111.73 feet; thence North 17'52'53" West 380.92 feet; thence North 89'31'39" East
337.87 feet; thence North 00128'21" West 150.00 feet; thence North 89031'39" East
1867.95 feet; thence South 00'14'30" West 680.87 feet, thence South 88049'23" East
78.63 feet; thence South 12'49'39" East 29.72 feet; thence South 77010'18" West 30.00
feet; thence South 12049'43" East 30.00 feet; thence North 77'10'18" East 30.00 feet;
thence South 12049'56" East 14.14 feet; thence South 19'27'45" East 607.82 feet,
thence South 43'51'20" East 959.22 feet; thence South 11'54'57" East 159.45 feet;
thence South 60005'14" East 1098.46 feet, thence South 22'08'46" East 2187.26 feet;
thence South 17'45'43" West 814.40 feet to a point on the Northerly line of that certain
parcel of land described in deed as Parcel A, recorded in Book 1068 under Reception
No. 02008614, records of said County; thence along said Northerly line the following 5
courses and distances; South 38'04'26" West 66.71 feet; thence South 70"24'28" West
210.50 feet; thence North 65'42'40" West 1366-02 feet; thence North 44050'58" West
1116.45 feet; thence South 71'22'10" West 137.84 feet; thence departing said Northerly
line South 71022'10" West 539.96 feet; thence South 43'28'15" East 318.43 feet; thence
South 16014'00" East 176.00 feet, thence South 00040'00" East 380.00 feet; thence
South 27102'02" West 73.00 feet; thence North 6501600" West 155.00 feet; thence
North 56009'00" West 462.00 feet; thence North 68059'0011 West 256.00 feet; thence
South 31013'00" West 248.00 feet; thence South 80026'00" West 196.00 feet; thence
North 65007'00" West 214.52 feet to a point on the Easterly line of that certain parcel of
land described in deed as Exhibit A recorded in Book 1068 under Reception No.
02008614, records of said County; thence along said Easterly line the following 13
courses and distances; North 29"11'51" West 43.34 feet; thence North 353504" West
285.27 feet; thence North 69'49'46" West 52.20 feet; thence North 34'41'43" West 94.87
feet; thence North 40048'08" East 154.56 feet; thence North 72'48'51" East 101.53 feet;
thence North 31'54'29" East 62.43 feet; thence North 17131'32" East 59.77 feet; thence
North 20'04'7" West 110.72 feet; thence North 07'06'02" West 291.23 feet; thence North
11050'01" West 107.28 feet; thence North 33'54'04" West 150.60 feet; thence North
07002'17" West 163.23 feet to a point on the Easterly line of that certain parcel of land
described in deed as Exhibit B recorded in Book 1068 under Reception No. 02008614,
records of said County, thence along said Easterly line North 36047'35" East 143.90
feet; thence departing said Easterly line North 57006'34" West 166.61 feet; thence
North 75'57'04" West 582.06 feet; thence North 88050'24" West 134.11 feet to a point
on said Easterly line; thence departing said Easterly line North 27'27'03" West 226.36
feet; thence North 39'26'25" West 223.17 feet to a point on said Easterly line; thence
departing said Easterly line North 09054'20" West 362.45 feet; thence North 17002'45"
West 167.22 feet to a point on said Easterly line; thence departing said Easterly line
North 28'46'38" West 241.99 feel; thence North 42'33'43" West 106.54 feet to a point on
said Easterly line; thence along said Easterly and Northerly lines of said Exhibit B the
following 8 courses and distances; North 61152'04" West 76.22 feet; thence North
89017'02" East 139.17 feet; thence North 0304551" West 390.32 feet thence North
70052'01" West 116.11 feet; thence North 72017'16" West 122.30 feet thence North
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55039'25" West 181.68 feet; thence North 31118'35" West 1063.87 feet; thence South
58031'52" West 57.39 feet; thence departing said Northerly line South 31028'08" East
522.19 feet; thence South 10125'09" East 99.33 feet; thence South 33'45'06" East
157.31 feet; thence South 51'32'58" West 95.52 feet to a point on the Westerly line of
that certain parcel of land described in deed as Exhibit A recorded in Book 1068 under
Reception No. 02008614 records of said County, thence along said Westerly line the
following 3 courses and distances; South 00123'32" East 177.92 feet-, thence South
10'18'17" East 78.26 feet; thence South 3014613" East 152.46 feet, thence departing
said Westerly line South 47'56'08" East 265.05 feet; thence South 37'58'18" West
164.42 feet; thence South 06'08'48" West 239.20 feet to a point on said Westerly line,
thence departing said Westerly line South 33'32'10" East 129.62 feet; thence South
74'20'47" East 218.49 feet to a point on said Westerly line; thence departing said
Westerly line South 2100552" East 136.12 feet to a point on said Westerly line; thence
departing said Westerly line South 05134'43" East 216.02 feet to a point on said
Westerly line; thence along said Westerly line South 40'38'56" East 130.48 feet; thence
departing said Westerly line South 06'37'15" West 112.76 feet to a point on said
Westerly line; thence along said Westerly line the following 3 courses and distances;
South 13034'14" East 59.67 feet; thence South 35'26'24" East 136.24 feet; thence
South 49'59'37" East 73.11 feet; thence departing said Westerly line South 72'03'02"
East 149.26 to a point on said Westerly line; thence departing said Westerly line South
28'24'46" East 133.76 feet; thence South 40'21'52" East 122.55 feet; thence South
31008'20" East 168.24 feet to a point on said Westerly line; thence along said Westerly
line the following 2 courses and distances; South 35'26'45"N East 144.84 feet; thence
South 52048'55" East 145.60 feet; thence departing said Westerly line South 53'35'20"
East 274.60 feet to a point on said Westerly line; thence departing said Westerly line
South 01'31'33" West 75.03 feet to a point on said Westerly line; thence departing said
Westerly line South 30'03'16" West 263.26 feet; thence South 06'03'15" East 282.44
feet; thence South 25'15'47" East 337.55 feet to a point on said Westerly line; thence
departing said Westerly line South 23'51'09" East 264.59 feet; thence South 29'30'41"
East 174.35 feet to a point on the Easterly line of that certain parcel of land-described in
deed, recorded in Book 1068 under Reception No. 02008615, records of said County;
thence along said Easterly line the following 6 courses and distances; South 37'11'26"
East 96.99 feet, thence South 52003'11" East 69.68 feet; thence South 55'31'12" East
148.65 feet, thence South 16'11'37" East 138.93 feet; thence South 42'52'31" East
177.69 feet, thence South 25'09'42" East 155.19 feet, thence departing said Easterly
line South 24047'31" East 180.62 feet, thence South 36043'59" East 146.03 feet; thence
South 25'08'23" West 111.15 feet; thence South 02'01'55" East 227.19 feet, thence
South 20'03'39" East 193.90 feet; thence South 12'33'0"1 East 346.85 feet; thence
South 10'22'6" West 264.13 feet; thence South 05'07'42" West 157.19 feet; thence
South 32'32'33" West 220.12 feet; thence South 19019'41" West 268.66 feet; thence
South 38'04'00" West 284.92 feet; thence South 79'43'0" West 714.61 feet; thence
South 24'52'12" West 224.67 feet; thence South 07'13'57" East 37.52 feet to a point on
the Northerly line of said Section 15; thence along said Northerly line North 89028'21"
East 75.13 feet; thence departing said Northerly line South 00041'51" East 5263.69 feet
to a point on the Southerly line of said Section 15, thence along said Southerly line
South 89048'56" West 358.01 feet to the Southeast Corner of said Section 16; said
point also being the TRUE POINT OF BEGINNING; Including 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, except
whereas listed in the District 2 Exceptions.
The above described parcel contains 4120.472 acres more or less and is subject to the
991650
following easements, agreements and rights-of-way.
Deed recorded in Book 512, Page 551, (location of right-of-way cannot accurately be
defined per legal description), Deed recorded in Book 655, Page 293, Deed recorded in
Book 655, Page 502, Agreement recorded in Book 961, Page 223, Right-of-Way and
Easement recorded in Book 1045 under Reception No. 01983413, (location of right-of-way
and easement cannot accurately be defined per legal description), Quit Claim Deed
recorded in Book 1068 under Reception No. 02008614 (shown hereon), Quit Claim Deed
recorded in Book 1068 under Reception No. 02008615 (shown hereon), Quit Claim Deed
recorded in Book 1068 under Reception No. 02008616 (shown hereon), Canal Right-of-
Way Agreement recorded in Book 1068 under Reception No. 02008617, Quit Claim Deed
recorded in Book 1068 under Reception No. 02008618, Quit Claim Deed recorded in Book
1068 under Reception No. 02008619 (shown hereon), Quit Claim Deed recorded in Book
1068 under Reception No. 02008620 (shown hereon), Agreement recorded in Book 1068
under Reception No-02008621, Right-of-Way recorded in Book 1068 under Reception No.
02008622 (shown hereon), Grazing and Recreational Lease recorded in Book 1068 under
Reception No. 02008623,Amendment to Grazing and Recreational Lease recorded in Book
1068 under Reception No. 02008624, Quit Claim Deed reccTried in Book 1068 under
Reception No. 02008625 (20 foot access easement subject to grazing lease), Rightof-Way
easement and Licenses recorded in Book 1068 under Reception No. 02008626, Quit Claim
Deed recorded in Book 1068 under Reception No. 02008627 (reconfirms rights previously
granted in Book 1045 under Reception No. 10983413), Quit Claim Deed recorded in Book
1068 under Reception No. 02008628 (20 foot permanent access easement), Quit Claim
Deed recorded in Book 1076 under Reception No. 02017072 (affects parcels recorded in
Book 1068 under Reception No. 02008628, Reception No. 02008620, Reception No.
02008616 and Reception No. 02008627), Quit Claim Deed recorded in Book 1111 under
Reception No. 02052204, Quit Claim Deed recorded in Book 1112 under Reception No.
02053446, (Amends Legal in Quit Claim Deed recorded in Book 1068 under Reception No.
02008619), Agreement recorded in Book 1117 under Reception No. 02058723, Grazing
and Recreational Lease recorded in Book 1148 under Reception No. 02090926, Order
Approving Settlement Agreement recorded in Book 1201 under Reception No. 02147157,
Supplemental Declaration recorded in Book 1224 under Reception No. 02170703,
(Relocates easement granted in Book 1068 under Reception No. 02008628),Amendment
to Grant of Easement Recorded in Book 1268 under Reception No. 02218734, (restates
and amends right-of-way and easement recorded in Book 1045 under Reception No.
01983413 and Book 1068 under Reception No. 02008627), Oil and Gas Lease recorded
in Book 1327 under Reception No. 02280130 and all other easements, agreements and
rights-of-way of record.
District 2 Exceptions
Exception A: Replat of First Filing, Beebe Draw Farms and Equestrian Center, Phase 1,
which includes Lots 54-56 (inclusive), 63-67(inclusive), 85-90(inclusive), 92-94(inclusive),
114,115, 119-126 (inclusive), and 139-143 (inclusive). Cumulative area contains 91.759
acres, more or less.
Exception B: All of Section 16, Township 3 North, Range 65 West of the V Principal
Meridian,Weld County, Colorado. Described Section contains 620.687 acres, more or less.
District 2 parcel as described and excepted contains 3,407.846 acres, more or less.
991650
NONCE Of NSMNIS TO
N OM Of NSW TO COMBO.A
COUSIN CONSOLIDATOR BOVICE
• INNIMINSE PLAN FOR THE RUNE DRAW
MAN FOR IN INK ORAW FARMS METROPOLITAN
Affidavit of Publication FANO MEIROPOWAN RS F DISTRICTDRAW FARMS BEEBE
MS=
METROPOLITAN DIBCT
DRS im
• NO.2,WELD COUNTY,
STATE OF COLORADO BAM COLORADO
no.t WO MAIM
County of Weld SS. COMM* DOCKET#99-44
I A.Winkler Riesel of said County of Adams being duly DOCKET NO.S99-Q
sworn,say that I am publisher of PUBLIC NOTICE IS HEREBY
PUBLIC NO1ICE IS HEREBY GIVEN that there were Bfiled
oard
FORT LUPTON PRESS GIVEN Cwt mere went Ned
with the clerk to the ratio of
Mmlheciertbmelloadol weld County. COlarae0, a
Conthat the same is a weekly newspaper of general circulation weia Couty,-Coloroda a related ld Service Plan
was printed and published in the town of Consolidated Service Plan and Beebe documents Drawfarms
for
and related docwllenis for
the Beebe Draw
FORT LUPTONpoNtan
the Beebe Draw salonandMet Beebe District Na. 1
Mettopoltor District No. 1 and Beebe Draw Farms
Mein said county and state that the notice of advertisement,of and Beebe Dow Forms the
Consolidated atan Distri No. 2.
which the annexed is a true copy has been published in Metropofai District No. 2. Lhe Andrei Service
said weekly newspaper for The Consolidated Service Plan and on file
eotttc documents
Plarrndrtrbted documents are now onllb lame and
THREE consecutive weeks: that the notice was aenowa in t eaBeeoi the Clerk to the Board and
Me Cleft to she Board p are available for public
ri
published in the regular and entire issue of every number inspection during normal
of said newspaper during the period and time of are avaeableu for public business hours.
publication of said notice and in the newspaper proper and inspection during normal
not in a supplement thereof: that the first publication of business hark NOTICE IS FURTHER GIVEN
said notice was contained in the lade of said newspaper NOTICE NFatiHEIt GIVEN that by Order of the Boaroof
bearing the date of eglpyddereRre Boatlol County Commissioners of
County Comnilmoners of JUNE 30. A.D. 1999 and the last publication Maid Weld County.Colorado. a Colorado. a
thereof,in the issue of said newspaper,bearing dale, public Nadr0 on such public hearing on such
conre
Consolidated Service Plan and Service documents Plan
a d Waled docrensnw we and related First
will
the 14th day of JULY 1999,that the aid be held m the Flip Floor be held In the Floor
Assembly Room. 915 10th Assembly Room, 915 o,1 at
FORT LUPTON PRESS SIreet.Greesy,Colorado,at Io00aeet,m,onthe2 stddaayo
MIX)a.m.on ms 21d day of July,1999.
has been published continuously and uninterruptedly
•July.1999'
during the period of at least fifty-two consecutive weeks
next prior to the first issue thereof containing said notice The purpose of the pudic The purpose of the pubic
hear
or advertisement above referred to: and that said hearing mall be to consider hearing mall be to consider
110 adequacy of the the adequacy of the
newspaper was at the time of each of the publications of Consolidated Service Plan q V
said notice duly qualified for that purpose within the Coh respect ed Service Plan
meaning of an act entitled. "An Act Concerning Legal w11tr respect to proposed with to proposed
Notices, Advertisements and Publications and the Fees ofUnic material modificationthe Beebe maerla of of the
Primers and Publishers thereof,and to Repeal all Acts and prow Plan of Beebe Service Plan of the Beebe
Parts of Acts in Conflict with the Provisions of this Act" Drow Farms Metropolitan Draw Forms I end Metropolitan
approved April 7, 1921, and all amendments thereof, and Deemer No. I ontl the District No. 1 and the
organization
particularly as amended by an act .Approved, March 30, arm of the Beebe Dr organization of ms Beebe1923,and an act approvqd May 13, 1931. Draw Farms Metropolitan ow Farms Metropolitan
bailer No.2 d ptto forfri a basis No.2 ado topt form a
bads for adopting a basis for adopting a
( Resolution approving, Resolution approving,
or
."---e.
O•�'tJ� o s dieson W approvkq, or disapproving
bnary approving. or
asal3Proving the Consolidated
onsol roving the
ublisher consolidated Service Plan. Consaldoted Service Plan.
Beebe Draw farms
MCMecpRtan District No. 1 Beebe Draw Farms
Subscribed and sworn to before me i his 14th day of end Beebe Draw Farms Metropolitan District No. 1
LY A.D. 1999 MelipapoltanDIstridNO.2oie and Beebe Draw Farms
bealed entirely within Weld Mehopalltan District No.2 are
Ceulsy.Colorado,and are located entirely within Weld
•
described In Exhibit A County.Colorado,and are
• / izzid&MTh attached hereto and described in Exhibit A
Incoporated herein by this attached hereto and
Notary P 1. c 1eNceAp°. incorporated herein by this
In Rtcordance with the reference.
P.O.BOX 125 procedures set forth in
Becton 32-1203(3.5), C.R.5., in accordance with the
the owner of any real procedures set forth in
property within the Section 32-1203(15), CRS..
WI:MlFT. LUPTON, CO 80621 Fans Metropolitan ot strict be Draw me of any real
No.1 and Beebe Draw Fans property within the
Metnopoltan District No. 2 s Metropolitan t of Draw
Farmsto dBee Farms
may the Board of Me r po Draw BeebeeFarms
Countyld Commissionersty,Colado, of Metropolitan to District erd. 2
weld Cthan
e,Ca no thou Commissioners me liner of
later ten days prior to County ty,Colorado,
of
rc )
thetoteoihearing,atequaer WNtl County, days prix no
mat such mthe pry ebed later than ten days Prior to
exbMtledtromme proposed iMtlateolhearinO,arequest
Districts. that such property be
,t THIS NOTICE GIVEN BY excluded from the proposed
•
JAMIE ORDER of the Board of Districts.
•
YBAnf1A • County Commissioners of
mss, Weld Cassy,Celorado.this THIS NOTICE GIVEN BY
28th day of June,1999. ORDERoflhesaordofCounry
,Q Commissioners t weld
ARD OF COUNTY County.Te QC Co�•Q~@' wCOMMISSIONERS Colorado.dayof June this 28th O
F WELD COUNTY. 1999.
BOARD OF
COLORADO COUNTY COMMISSIONERS ��
WELD COUNTY,
DATED: June 25,1999 COLORADO T
Published In the Fort Lupton DATED: June 25,1999Dr
My Commission Expires PreaaJane3o.July 1.l4,1999.
Published in the Fort Lupton
December 27, 2001 PressJune 30,July 7,14,1999.
NMI OF Wag TO DWI!A 27'01'47' West 261.96 feet: thence North 17'52'53"West
nes A (FIGURE 31 thence South 36'0743'West 380.92 feet; thence North
CONSOUDAMN � E 129.96 feet; Nonce Mount 89'91'99• East 337.87 feet;
SAS DRAW keyelOM•Mnel0Mact 46'24'26' West 113.96 fest fence North 00°28'21'West
MINIM MSIROFOLRAN No.1 thence South 67°56'07 West 150.00 feet; thence North
DISTRICT NO.I AND BEEBE 114.41 feet to the beginning 89.31'39`East 1867.93 feet:
DRAW FARMS Legal Description of a parcel of a tangent curve concave thence South 00°14'30"West
W METRONTANDISTRICT of land being located in to the Southeast en having a 44187 Mt; thence South
NO.2,WELD COUNTY, Sections 3,4,5.8,9.10,15.16 central angle of 43°14'52' teas 3' Eost 78.63 Mt
COLORADO and 17, Township am 3 N , and o lades of 210.00 feet, ♦helaa South 7749'39"East
Range 65 West of the 6th thence Southwesterlyalong
DOCKET 499-44 77•10.14° West 30.00 Mk,
29.72 feet; thence South
Principal Meridian. Weld the arc of sold curve 158.51
County, Colorado being 3.0 t: 1enc 43'East
PUBLIC NOTICE IS HEREBY more feet tangent end nt sfr said 30.OD Mt; thence North
GIVEN that there were Ned particularly described thence from said 7798'18' East 30.00 Mt:
with me Clerk to the Board of a s' end of curve South 24°41'10 thence South 1749'66'East
Weld County, Colorado, a West 39.72 feet to the 14.14 feet; thence South
Consolidated Service Plan Beginning at the Sout east conca ngolatanaentcurv0 19.21'16' East 607.12 feet:
and related documents for Comer tingof th eSout Ins ofd concave to the East having thence South 43°51,20'Fan
considering the South Ins of a central angle of 68°10'08•
the Beebe Draw Farms Paid Setticn 16 a otadW and a radiusot 217,23 feet, 959.22 Mt: thence bum
Metropolitan DistrictNo.l and South89°27'ag'WestaNdwIth thence Southeasterly along11'54'37' East 159.45 Mt
Beebe Draw Farms abealn centdced5wlo5 thence South 60°05'14'East
Metropolitan Dlsmct Ne. 2. W the arc of said curve 258.45 1094.46 MY thence South
The Consolidated Service relatye Meea,menpalang lest to the entlotafro curve; 22.83'46'East 2187.26 chest
salstouth8.65 feet tote00' thence tangent from said
Plan and relatetltlocarnenb West 5138.65 feet to the end of curve South 43°28'58' Ilrolhct South 17°45'43'Wei
are now on file in the office of 814.40 Mt to a point en the
Southeast Corner of said East 159.97 feet to the
Me Clerk to the Bawd as Section 17:thence along the onto datan ntcurve NOlthMyYne of that certain
are available for public SaHh Nhe of said 9rsabn I70 parcel of land d, d in
Inspection during normal ing to the tinge of deed a Parcel A,recorded
business hours. South 89'92'56'Wes/6327.95 having a central angle of No, SMeaerResoPbn
Met to the Soumwed Come 48°38'henc Saraherly 61.88 N0,09001614,renoong said
NOTICE IS FURTHER GIVEN of sa the WestSection 17; thor ncesale 1het;thence d curvedenq County;thence along saki
MxbVdcet of the load of along West line of said the arc of said curve 69.51 Ina tee lollowtg5
County Commissioners of Section 17 Norm 00'29'53' feet tote end of and curve; • Near*
Weld County. Colondp, a outh
West 5259.39 feet to the thence tangent from sold yceceeseatl6labceei
*04'26' West 64.71 feet
Northwest Corner of sold entlx curve South 05°09'17
public hearing on such thence South 70'24'28"Wen
Section 17;thence plong Me West 19.20 feet to the
ConaNtlatetl Service Plan West be of sail Section 8 beginning ofatangentcurve 210.50 feet: thence North
and related documents war North 00°09'44'West 5291.77 concave to the Northwest M`Q'47 West 1366.02 feet:
be held in the First Floor thence Me Northwest Corner nb a Norm 44°5058 Wee
Assembly Rose, 915 10th of said Section B: thence 580 a a angle x 1116.11 Mt thence South
Street,Greeley. 25'54'10' and a radius of
eeeY.Colombo, along the Wpf.b of the 260.90 feet: thence 71.22'10' West 137.64 feet
10:00 a.m.on the 21$cloy of thence departing sold
July,1999. Southwest Quarter of said by id curvy along lee at
Seftloh6ylleN0716'29'West of said curve117.96 feet b Northerly hoe South 71'72'10
the puthese« 2664.04 7Ut b the West theedolsaldcurve;thence West 43'28'15'539.96 Met, thence
the public QUe.ef`tads of said tangent from sold end x South East 318.43
nearing ewe be to pithiest feet thence South 16°14'00"
the adequacy of the > ab8lMe along the Curve Scum 31°0.7'27 West Ea11176.aDMt:thence South
WM Erna Y the Northwest 130.68 feet thence South
Consolidated Service an 0740'00' East 380.00 feet:
with aspect toQueer IM Said Section 5 OP40'47 West 96.'26 feel:
proposed North Celt St West 1327.22 Mena South 03°11'43'East tndnoa South 27'02'02'West
nabrlal flOdficoNdsof the Net a Seleidnast Corner 116.07 feet to Me t._.__lg 7390 Mt; thence North
Sala Nan of the Beebe of the North half of the of a tangent curve concave 65'14.03° West 155.00 feet;
th N
an
Draw Farms Metropolitan Npwsit twirler of sold to the Northeast hg a thence North 56'09'00'West
District No. t and the Seeeee Si theme along the central tingle of 36.30'36' 462.00 feet: thence North
agansatlon of the Seebe South teat to North half of and a radius of 160.24 Mt 68°59'00' West 256.00 feet:
Draw Farms Metropellfon teNWlh.pstttarferot said thence Southeasterly along thence South 3l°13'00 West
act No.2 and to ten a Seetee6NmRF89'44'17 East the arc of said curve 114.86 248-00 feet: thence South
bails for adopting a 9131.31 fee1Mssoutheast Mtlote end of sale curve, So°2600 West 196.00 feet
Resolution approving, Came of the North hat of ' thence tangent from said thence North 65°07'00'West
conditionally approvig, or MONFtlhwUtauamrol said enact curve South 3P42'19' 214.52 feet to a point on the
dlsopproving the Seellen Si thence along the East 116.57 feet to the Easterly line of that certain
Consoedofed Service Plan. Soma the at the Northwest beginning of atangentcave parcel of land described In
Quotes of the Northeast concave to the Northeast deed aEYhN7tt AfeCardotlln
Seethe Draw Farms QYotler Of said Section 5 hang a central angle of Book 1068 under Reception
MeeeeesanDidrtCtNo.I and Nest W44'17 East 1331.58 45`22'3'and a Taal�al�4,3a2, No.02008614,recordsaf said
Sneer Draw Farms Me Is MMutheost Corner Mt; thence Sohwwrr County: thence along said
Moeepdtan District No.2are al. Quarter of ' along the arc of odd suave Easterly line the following 13
tocat.d enaeS within Weld rer of said 90.93 feet to the end of sold courses and tlaOnces:North
and Colorado, are Sala Ile along the curve,thence tangent horn 29'11'51 ' West 43.34 feet:
described In Exhibit A Eat Re Si. Northwest laid end of curve South thence North 36.35'04'West
attached hereto and Queer of the Northeast watt t East 170.73 feet to 285.27 Me: thence North
incOperated herein by the Queen of sold Section 5 i.e beginning of a tangent 69°49'46' West 59.'26 feet
reference. Notts 8P Meth West 1325.38 curve concave to the thence North 34'41'43'West
94.87 feet: thence North
flab the In accordance with the of Ms NorthwestQuarter Corner
f angle of 68°29'37 and a 40'48'08' East 154.56 feett
procegeresetlo trthinSeclton .east Quarterof sold talus of 126.33 feet thence thence North 72°4x'51"Eat
32.13030.5),CJt.S.,iheawner Main t thence along the Soutemled?along the WC 101.53 feet; thence Nam
Of ash'Ill ProPerty wthi NOM are of the 31'54'29" East.62.43 fee:
the boundaries of BeebeNortheast Of said curve 151 *0le thence North 17'31'37 Eat
Quelol 3f said"E East
13ch 5 tangenxlamall tae 59.77 feet; thence North
Draw tenths dBeebe rawtan Nadi She Northvale
v Comer
r tangent from s jRIR of
'Farms lo.laaeeeceistpw fettle the Northealt Come curve South 16 WI thence 20°0c " West 110.72 Mt:
Farms Metropolitan District of said Section 5; thence 120.96Mtemeeeyeae North thence
7Wea
No.2't uibrryffome Board 291.23 fee; thence North
slag the North eW al the of Wes curve concave
of EtCOW*allu Commissioners of Northwest Quarter f tale to to West having"conical 11°50'01' West 10)04'Mt
Wta CMst Colorado,no 2ectn4 Northt North
angle of 25 35'07' and a thence North 33thence ee
later Man ten days prior to 2634.09 feet to the Warn, rarRax440.41 feet;thence 150.60 heat thence North
Redcap,hieing,orequest
Quarter Corner of sae SaorMstyalongtheorcotsaid 07°02'17'West 163.23 feet4O
Property
that such be Section 4;thence along the cave 196.66 feet to the end a point on the EasteM Veal
esckesdeprn the proposed Math Me of the Northeast oeddcurve;mencetange t Mat certain parcel of land
Deals fros8626'lendofcay.booth descried In deed as Exhibit
Quarter of said Sea}m 4 B recorded In Book IOM
North BP24'211 Ease 311691 the bet'West 101.24 Met to under , records
No.
THIS NOTICE GIVEN BY leek,thence departrteYdQ said the a e x a argent n0U86 thence Reception c along
x said
OOmntelo SoadofCound Nertf toucent0�1'Eat curet concave to the 0ds of sold
Commissioners of Weld 9.61 feet to the centeehe d Northeast hang a central County;
County,Colorado, the 28th Ile Platte Valley Coral as angle et tram end a Easterly line North 36°47'35"
ddy of June,1999, East 143.901eet thence
i In Book 106WIx16. sodiusx 942.34 fee;thence dorth 57 West 1 una
BOARD RS deception No. Coo ty; Southeasterly 2518 the arc North 57 'J4"West 166.61
COUNTY CWELD COUNTY.
records of said County; of said curve 251.82 feel b feet, Sat fe ence
WELD COUNTY. thence along said cenfeese .tangent ve,thence West M feet thence COLORADO the fobwlng 25 codas and tangent from sold end of
DATED: June 25.1999 Seances; South 10'09'07' curve South 5732'22" last North M 'Zf WMee11/11
West 45.49Mt;mencesouth 97.62feettencedePalRg loo; doodling said
said centerline Math
89°31'39'East 2111.73 Mt:
EXHIBIT A
Easterly M North 27'27'03' Ealx74.60iMroapolnfon
well 226.36 fee. Mince defined per legal
North 39•264lf Welk 105.17 said Wooled), M; t119rtc9 d eciclion),gdtCldmDeed DESCRIPTION
(FIGURE 4-LEGAL
said W,elfetN t1e DESCRIPTION OF DISTRICT
M;thence MOntaMng said
oepawq recOrsYtlln Book 104 under No 21
Ilse; departing satl South 01°31'33" West 75.03 eepestterl No, 02006614
Eallertp)North 09'51'19 feet to a point on said (Shod hereon),putt Cldm D1nkl2-Leal Description
' Wed 362.45 feet; thence Westerly line; thence Deed recorded in Book 1066
Noah 17'02'45'West 167.22 deporting said Westerly line under Reception NC. Legal Description 010parcel
feettoapdnionsddEaslMy South 3903'16'West 263.26 02036615 (shown hereon),
lino henna Sparing sS00106'03'15'tl feet Menke 9o06'03'15' Q.s ciceoe neoragaWOM located lontl being locetl In
Easterly M North 16.46'36' tat 10!.44 feet•, thence look 1014 under Recepbn Sections 3,4,5,8,9,la 15,16
West 241.99 feet. thence South 25•15'47'East 337.55 No. 02008616 (shown and 17, Township 3 North,
feet to a point on said Range 65 West of the 6th
Nash 4003949 Wee 106.6/ hWeon),CdnalRpM-o/-MNy Principal Meridian, Weld
Ieettoapdntonsad Eattely Weleny line, thence Ageesrenirecordedn Book
lint thence along said departing said WesteM line lO66 anon ReoepMn No. more County, Colorado being
Ease:rlydn thence
rtymesof 7e1M'00.61'09•East x07.59 07000617.Quit Chien Deed particularly tleenlbatl
said Exhibit B the fallowing 8 he)eetloe South 29°30'41" re6oltetlln Book 1066 under as follows:
Exsantldktancer;North EaMBapfeNtoapolnt on Recarean No.0200SeU,yg Beginning at the Southeast
61°52'04' West 76.22 teliafeMlecfthdcertdn dep6aedrecorsedkhlook 0 9
thence North 89°17'07 East s Parcel of land described In 1061 under Receptor) lye. CorneroldM sosionidand
uth M
of
139.17 feet thence *nth a�ed,ewftlstlln Book 1068 0200.19 (shown hereon), considering
WM/MI Reception No. Qs1+Cldm Deearecadedkl said Section 16 as bearing
03°45'51" West 390,32 feet; south8727'00'Weston/with
006616 records of loll
thence North]0°52'01"Westlook 1066 under RecepSen ap
116.11 feet; thence North 'thence don0 sold No. 02008620 (shown rela8a yet eto;s� n
g
72.17'16' West 122.30 feet; seTMN M me IOAovMg 6 hereon), Agreement SOIOSo 131.6 feet E7'OD`
thence North 55'39'25'Wed eassssOnptlMian es feth recorded In Book 104 under
37•41'16' East 96.99 feet; Reception No. 01036621, West 5138.65 feet to the
.181.68 feet; thence NorthSoutheast Corner a said
lases*IA 62'03'71'E h Right-of-Way under Reception
ed In
3198'35'Wed 106347 feet phi Met; thence South W Section 17;thence did lithe
thence South 58'31'52'West *wiz East 148.65 feet; book 10680622 MCaptM South line of said Se 532117
57.39 feet;thence tlepamng eelaebuth 16°11'37'East No.; 01008622 (shown South 69°32'56'Wee SJ77.e6
said Northerly line Southnecfeaeon), Grazing Onhtl bet to the Southwest Caner
31°26'08' East 522.19 feet 6'16 ta thence South ReceaeDndleaelecaaed of sold 17; thence
40V0'51' East 177.69 feet: btopybggunAeraecep66n
thence South 10°25'09'East e .rs apetTl7 East along the West line err rep
MM.Oing and feet; thence South 1 11 360; thence .and R6ceaouM Section 17 North 0010'53
33.46'06' East 157.31 feet; tle�y Qraltre West 5259.39 feel to Me
Mence$outh51°32'58'Wed Se11MI '56s413%'Eale ast b� Vase ecReoePtorded In 10mt 1050 Northwest Caner of gala
hide feet too point on the under Reception Cl n Ne. Mallon l7;thence Pongee
Weeely M of that certain feet fiance bust 36'13'67 07036670, Quit Clam Deed
IS 1416110 lest thence leeatlatlln Book lath under Wed M of said Section 8
peed of landExhibit A recor Id Seth 7.6823•Wet 111.15 Reoepeon No.02036616 }bf1110the N rt Wed 6291.77
iner
WI ed 1 und r recorded Mtb 5 Noon 8; hence
Hooabl4 records of mkt E5127.19ebt once ouch tad t grazing easement al did Section line thence
6.3636 thence along
000273.19bet:11193.90South Milloubiaot to lease), along the West e of the
Cagiest:Mnce dung mid thenc20'02e
39' Eat 2'3'0 feet; Llc rases ec recorded k s e Southwest Quarter of sold
WesteR'Ens the bkoweq 3 MencO South u East Licensese kh♦No, 2664.05 t 2 Wee
calkralEast ces:hies; 506.16 feet; thence South 10th under n Clans No, 760.03 feet to the West
3673'37 East 177.92 feet; 10'/06' West 264.13 meet, ' 361 phi Claim Deed 5.then thence along
the West
thence et thence South
rerlp both thence South
r din gook 1360006`. S.tenceoione the WHIM
76.26 lout; thence South 167.19 feet; thence South eMs epllen No. 06006667 d the Northwest Quarter of
30.46.13' East 152.46 feet 3731'33 West 220.12 feet. IMIIIIIIMSBook pNMotely Sold 13ori5 feet to 'So'
thenceaSouth departing sad OYRoe South 1999'41"West premed In Book 10163411). West 1327.22 feet to the
Weee fet 4thence =net; thence South Reception No. 10pN1». Spnhwee ornerosMNOrrh
East 265.05 teal; thence Mines , West 28492 feet', Quo Claim Deed " hdsathS Northwest Quarter
Stub 37°58'18"West 164.42 Mine South 7743'0"West look 1068 under feert of said Section 5; thence
feet;thence th06°36'Point
24 41 Mel: Thence South No. 02008628 (20 bet Non
the South line of the
Wee 739.20 feet to a erode Menai7 West 224.67 feat permanent Moles darn half of the Northwest
on sad Westerly Wes: rn,Ira thine South 07°13'57'East ep.11lent reel Wet lra(said2acHp15Napt
South 33 said w M 3700 Mt to a point on the t1se11� - 3 0017071 Me5'17 East 2631.31 feet to
bust thence 10'East 12032 16; thence
1 Me of sad section a fan Me. 00017072 No Southeast Corner of the
South
t 49feet South 16: thence along said Napa p under -'-Mt North hap of the Section Northwest
fkit eat Westerly lie pdntce lee 76.13 feet; °28'71" loin under le eseAMn Menlo*ter of said 5,
Odd lt49fe line; thence lest 76.13 feet; thence 00.006671.eaCeee6l lb. of Ilsealong the South Ina
depold said ine; line dereting mid Northerly line 02001610. eeae6lMn Me, d aka NorMwed Quarter of
South 21'05'52' East 136.12 WIN t41'61'East 5263.69 . M ibrthead Quarter of sold
feet to a point on ere four to a point on the 0706627).Quit Pens11110Md 1acReB 6Noroh 8714'Iteast
dWesterly line; thence 15:the The of sold Section recdaeo in Book 1111 under Canter
to the Southeast
South sold Westerly; the One 15: thence along said ReceptioClalmDeedrec20�51,.g�6r4a,��a�t Caar1 of the Northwest
South 05'34'43' East 216.02 W 36M5wp1t to " 1112 DeeerecorSOM�sek Quarter of the Northeast
feet to a point o said West 358.01 feet to the 1112 under ROCS No. Quarter of sold Section 5;
fee e;thence along Southeast Corner Of said 02053446,(Amends Legs In thence along the East le of
sold westerly
m ; line South Section 16; said point also Qut Clok0 Deed r ti in No Northwest amen of she
thence' ep 130.48 tout being the TRUE POINT OF Book 1058 under Reception Northeast Quarter of sold
departing 4 said WSiING; Including that No. 02008619), Agreement 26oran SNorto00°39'OTWee
Westerly11 line South a point Mein thereof planed as recorded in Book 1117 under 1345.38 Corner feet to the Northeast
Wad 112 76(eel to t point Mein Draw Farms and Reception No. 02058723. of the Northwest
ag said l Menee Equeean Center'First Fong Grazing and Book bnal Quarter of the Northeast
along said Westerly M Me under Revised Plat and Lease redorc e In 1148 Quarter of sold Section 6:
si 3 courses and 1900 innrecededApf!I 12, under Reception No. Hence along Me North line
distances; South 13'31'14" lap in Book 1192 as 02000920, Order Approving of Rine Northeast Quarter of
distan es; he13'34't' eeceplbn No.2137453. Settlement Agreement Eaapctwlf*LC7977
3502e24"South Edo fence lout recorded n book 1201 under Eat 1333.17 Mel to Me
M 1feet thence .24 last the above descrlbedparcel Reception Na. 02147157. Seaga*
Caner of Mid
sold departing eetthen9eSo conlasandIssubjectsmtre Supolemeaa Declaration 1ealO ra RI the
72'6 Westerly e South or less and k fabled to the recorded in look 1224 under NerM Mho of/he 1Npae�wjywatkll
]2'03'02' East 149.26 to a following easements, Reception No. 02170703. Quarter of said Sachem 4
pant on said Westerly M; agreements and rights-of- (Relocates easement North g9'45'34"Edo 2636.09
thence departing said way. granted lo Book 1066 under lent to Me North Quarter
thesterlynce line South 28°21'0" Reception No 02008626). Corner of said Section 4;
East 133.76 feet; thence Deed recorded in Book 512. Amendment to Grant of thence along the North M
South 40'21'52' East 122.56 Pape 551.(location of right- Easement Recorded in Book Mille Northeast Quarter of
feet;thence South 31•06120" of-waycannotaccuralelybe 1268 under Reception No. O
defined per legal 02218734.! (restates and East
805.01 '24'21'
East 16834fou1ro apoewonEast 805.01 feet; thence
1_
said Westerly One; Thence description, Dee2r9condsd erMntlt r -way and departing0 said North Inc v,
along sold Weaver M the d stook 666 Page 293,Deed eae1046 n1 recorded M 600k South 40°d1'g3"East9A1 feet LO
following 2 courses and Ie2afd9e in loot 655'Pape 1045 under Reception No.
totha centerline ol the Pkafe
distances;South 35'26'45'N 602,.6 fteMeilt corded In 01963413 and leek 1068 toff
144.84 feet; thence B00k 9611 Pogo recorded7n,,Page Flight-of' under Reception No. Valley Cana as recordedin
South 52'48'55" East 148.60 wwandEdismentrecaded 0200p27),pad32 few Book
0 1nceeeaba.did
fear.manta depa.pnp sea No. 1 tRecpbn recalled M 10th 1277 under County;Rance abrlg said
eplion
Wer1eM line South 53'36'x0' No. 01963413, e aeon of RecepM.n No.OpplJOenc centerline the Wowing 35
rlgtlt-of.way and easement all erne. *onwards,
cannot accurately be agreement. and rights-of- courses atddmtan5dn burl
way of record. 10'09'071 West 45.49 tee;
INenceSouth 27°01.47"West tangent fran said end a line
211.9e yet;West thence 500111 urn awning sad East said Westerly line; thence
Deetlreeortleeh1oek512,
JNQYW' 129.95 feet; curve 3oudt fRT32'27 faN Ibnh 5706'71'Wett 14{,61 along sold Westerly line Me Page 561,(IocallonotrpnF
97.63fee;feence wee thence North 74•67'01' of-way cannot accurately
lable4 Nh46•24'26'West tlMaO7 following 2 courses and
I13.N MR. thence South sold centerlineNorth West 44,06 feet; thence dlnrncet South 35°26'45'N be defined per legal
67436120•West 114.41 feetto 89'31 Rut 17'5 53'rib fNOMeett arum elect 11011
}hence North 17.52.57 Wee feetb0 East 144.84 feet; thence description). Deed
the oe/Ithlnc of a tangent pontonsatl E10Nllyrecorded In Book 655.
curve Concave to the 380.92 feet; thence Wirth line;thence Sporting led South 52'48'55'East 14560 Pope
teYMYY�1 having a central 89°31.39• East 337.87 ter; Easterly line North 27°2703' feet;thence departing sold 653.Deed recorded Agr n moot
mtle air 43.14'52• and a thence Nat thence 21'Welt West 226.36 feet: t235,u Sad 274.Westerly aeettaapoiSoutti nion recorded Page 502,Agreement
150.00 feet; North North 39'26'25•West 2$,17 4at2Wosteeetbapoln thence
223, Right-Of-Way
Page
r0ie01Y10.001 at thence 8431'34 East 1867.94 yet; feefOo Eae1t red Westerly line; thence 223, RIp M-of-Way and
Of fold 4ve 158.51 fheac pdntenrtb dpating said wes/ely ine Easementrecobetlnmtok
ot sob Cove feet b thence.South 00'14.3.Wed line; thence departing 1St 8pM1 01°31'33'Wee 76.43 1045 under Reception No.
tangenaratic old a lace 680.87 feet. thence SONth Easterlytie'North 09'5P>a feet to a point on said from sold end of BB°49.23' Ea1,t12'49'w 78.63 tie; West 362.46 feet; thence Westerly line; thence of-way and easement
curve South 24°41'10'Wen thence Southl M North 17'02.45"West 167.42
29.72 feet thence Sea leerba aMonsaWE dilating sold WMNrly ere sonnet accurately be
l
31.72 elf to the cone yeP Earle* South 30'03.16"Wert 263.26
defined per legal
ololon maunecc ents 77.10'70' West 30.14 at Nrn; thence departing said feettenceSOUM116•03'le' tlescriptIon), Quit Claim
to angle e ES having a c and a thence South 1.kW Easterly inc North 2.4'83' East 282.44 feet: thence Deedrecortledln Book 1068
of 68'10'08' a
30.00 feet; thence NnNth west 741. esei Chest 54 Booth 25'15'47'Eat 337.56 under RecePtlon No.
rredteai417.231Nt,thence 77°10'18' East 30,0p yet, North 473643"Wed 1M.y feet to o point on laid 02008614 (shown hereon),
51sURdailrlY obRp the ac thence South 12'19'00 fee fete; *eeetentaYEarRy
14.14 feet; thence Marlll Iran; Meeaw asp pia *Weft line; thence Quit Clam Deed recorded
etfal0 Curve 258.46 feet bOng Sporting said we-ey el in Book 1068 under
theent from urve%Meng 19.27'45• East 607,p al, 8erNleleRde6Mer4r6r11I11ot SOgpr 23.51'09'East 264.59 Reception No. 02004615
Clays South t from said end of thence South he•61'10' sal feed d I the bloven°e
curve 43'29'58' Fat 959.22 feet; thence 6 /0. North Net}nsnce souM9Mp'11' (shown hereon),Quit dorm
16/.97 feet to the 11'64'57• East 159.41 S 41•6104'Wad 74422 feet Ewe 1]136fy line often undeDeedr
ltn Book 1068
beginning thence South 60'05'It the Easterly line of that under Reception No.
ofabngentc veconcoe INNS Nasth 8P1T4!"Eoi certain parcel of land- 02008616 (shown hereon).
M Rl of having a 1098.46 feet, thence tell 13017 feet thence Naga described' In deed. Canal Right-of-Way
central angle of 48°34.11 ' thence22138'4" East 2187.46 feet hence 'West J90.J2 feet fecerdedneookl04siSen Agreement recorded in
and a radius of 81.88 feet thence South 17'45'43'Mlee thence North 70°52'01•Wet Reception No. 07004618. Book 1064 under Reception
thence-Southerly along the 314.40 feet to a point on the 114,11 feet thence North rseerds of said County: No. 02008617, Gulf Claim
eat d Ion Curve 69.51 vet 'Northerly Inc of that certain 72.17.16"West 122.30 feet MIe dace along said 8a1MY Deed recordedin Book 1068
to the end of said cave; parcel of land described in 111.4$thenc thence 6"Wed ed 41e following 6 caws under Reception No.
Mews tangent from sale deed as Parcel A,recorded 181.4 feet; North one asitances: town 02008618,Quit Clam Deed
west 1 .20. fee 0509'17 n Book 104underReceglpn 31.13'35'West 1063.87 feet 3791'26• East 96.99 feet, dcordedn Book 106Bunder
West 19,26 feet to the No.020044U.recortll peed t1dnC4SawM58°91'52'0044 Rance South 52'03'11'40d Reception No. 02008619
beginning of a tangent County; thence along wet 57.Jtleetlhence depatYlp 4.4 feet; thence Spia1 (shown hereon),Quit Claim
curve concave to /he Noledrly line the tollowirg 6 tab Northerly Ilne South 50•61.12• East 118,40 tilt DeetlrewrtledM Book 106E
Natiawet having aconite stewsantltlofances%South 31.703' East 822.19 feet: e9outh lb48.6$et. under Reception No.
angle of 25°54'10" a. a 3071'26' West 66.71 feet thence South 10.25'04 Ent me feet: thence WNW 02008620 (Mown hereon),
raeaot260.901ee1:thencethaee loath 70°24'21'We 99.38 feet; thence South 42'N'31" East 17],61 feet. Agreement recorded In
Sa westeM along the 31010 het; thence Note, 3.46.06' East 157.31 feet; SOW.South '09'4'10t look 1068 under Reception
of saki curve 117.95 fee to 6.*40'West 1366-02 Nm 1ec55outh51.32.58•00ed
Rae49e North 4°50'5.W feet to a144.59 het, thence No-02008621.Right-of-Way
ba/InoofkoWcurve:ihenw 'Me1�lpoint on the Frletit ern recordedin Book 1068 under
tangent flan sold end of t1 Iw5 feet; thence Sea01 welly line of that certain East IC.62 Reception No. 02008622
tang South 31°03'22"Wee 11'!1.10• West 137.84 fee; -Pail of land described in
thence departing Neelest leer feet
sate nd atio Grazing
14.80 feet; thence South Ii as Exhibit A recorded 44d l. Oreil $ W sate and Recreationalgook10Lease
OlnIT4 West 9626 feet Neill 530.963f et th ir* M 'Ook 1068 antler 4earM eaoet ho 111.16 aporphan Book 0208623.
Sens South 03.11,43"Eost IM 634:06 feet; their* rseeehon No, 02008614 feet;MencelaAh02.01•e6• Stephan No. 02008623.
at ge to Me beginning ;loam 43'28'15' East 311.4 n0ebms of sa10 County. Est 227'.11 Net, thence Athentlnrentb Graslnpand
the Northeast en encag ece thence South l6°119D` t6 along said Westerly
to Roc IM'llg a be176.001eet.Mence Sal; fee distances;
q 3 courses South 7'03'5"6Ost 1p.10 Recreational Lease
feet:thance8outh77J4W 1 IecordecOn Book 1068under
and a angle of 3.30'36' hence " East 380.03 tie; and 2'East SouthReception No. 02008624.
ace South 27°02'02"Wei 01,23.3 "East 177.92 feet-, South
346.85 feet, MM1$ pun Clam Deed reacted
and radius of 180.34 fee; '340 feet; thence North thence South 10°15'17'East Fouts 1.22'6'Wed 74414 in Book 1068 under
ththe
Southeasterly top 6••6.00" West 155.00 tire: 70.26 feet thence South fees;thence9 feet; Mince
tlon No.07008625(20
the arc of said curve 114.tl Mute Nortn56°09.00"WestWen 157.19 feet; MenCe Rcoep
Servo the eneolsalecurve; Cheese' East 152.46 feet, South 32°32'33'West 240.12 Net aoeete easement
thence tangent from seed '62D0 feel; thence North tease departing tinp taltl feetahence South 1474"41' erdyect to grazing lease),
East ufee3I42'le !'10'0011 West 256.00 Net: tort s.le 447°50'08' West 268.66 lest iherlce 1 501-WaYeadmelatantl
Noce South 31'13.00'West South 38934'00"West 254.92
sasee recorded in Book
East 116.57 feet b its feel 716.85 set:pence
curve of a tangent 4400 feet; thence South f et; e7°54'1.West 164.42 1014 under Reception No.
07k'ar West 196.00 feet: fee:thencef uth06°ap'4t Net;thence South 7443'.
curve concave to the ace Northb507'00'Ws West*39.20 feet to a Pant West 714.61 feet iheece 08840626,Quit Closet Deed
anglNorte
hwinpa cents loll feet topoint 4alth 2462'12'Wet 224.47 reeeededrBook1068urbe
angle of 45°22.3' and a on eneatgsol Westerly
Nlt;thenceSout07•13'87' scePtlon No. 02008627
radiusSoutheasterly of feet;thence Sode*line of that ode depaenq sob Westerly line let97.521eet toapont on (recon0mephts PreuIDusy
Se of land described In the Northery Ind of said granted InecW 1018 under
of said curve 90.93 1st to along the etc 640 1068 hblt A rRecepnn 11Net 4 lace South 74129.4 Section 16: thence along Reception Na. 10eS3413),-
ineennarddcurve,Rlnoe 17r antler Reception 00st7q 941 0l aphence sold Northerly Nne North Quit Clown Deed receded
Noely; rasotpleN'2B'21" East 75.13 feet:
tangent from said end of yd WesteM fine; thence in look 1068 under
curve South 85'04.5.East CeIRA•: thence along said Opa said Westerly .12 thence departing sald Recptiara Nn;O1DeM1017
170.71 Net to the beginning
Ba4111y line the following 13 feel 21'05'52'East 136.12 ttodheMernSouMOD'41'51' feet permanent steel
of a tangentcurvecancog I'aWe and distances;Noah feet to a Point on tab last 5263.69 feet toaPoint _}� Quit Claim
to the Southwest having a 7"11.51• West 43.34 feet Westerly line; thence teegag40/C tlMb/k 1076
*eallorth 35°35.04"Westen the Southerly tlrnsotw10
central angle of 68'29'30' departing said Westerly line Section IS, thence along telly" eet0en Mo.
and a rpdiue a 126.33 feet: 211147 feet; thence North South 06.34.43•East 216.02 pfd Southerly line South ilsg. l N dealt
thence locu a I8l p e"N'46" West 52.20 the feet to a on said. 844'56'West 358.01 feet its
theta North hens dJ`West Westerly line:thence along to the Southeast Comer of 4eeee04A Ne. X74,
the are of sold curve 101 AQ
1s.,1 feet; thence Northodd Section 76;sob pant Nc.g� -
feebtidendo7aadaths saki Westerly line South �eeee4eY�l0a
thence tangent from odd 407168" Ea 154.56 feet: 40'38'56' East 130.48 feet aep being the TRUE POINT 6�.Q79Acf04ad
en t 5 %'7` *Sae North 72'48'51'at thence departing said Of BEGINNING; Including Re_s:Re-1 No. 0107611).
East 120.95 feet to the 31td3 feet; thence North westerly One feet to °37'15'
gavecbeginning of a tangent 31'61.29" East 62.43 at West 112.76 to a Point that portion Meneol Platted
31161'29' look 1111 underDraw Reception
cog concave to the West along old eMNne;thence n Center First Filng No. 07102204, Quit Clakn
25'36 a central angle of W O feet thence Newel along said Westerly Inc the - Esl b
mitt. West 110.72 Net following 3 courses and wetter Revised Plat and OMedwmcdn look 1112
75.36'0]' and a rasa e Dedication recorded April uses Receptlen No.
4D.61 me arc Of
curve North 07°06'07 West distances; South I J°34'14' 12, 1988 N Book 1192 as 1)410446,(Amends Legal n
nag the or<ardtl curve RI feet thence North Ea 26'24'59.67feet thence South Reception No. 2137453. pueClokO Deed recorded In
IKyhefbtheendotsntl II' 01' West 107.28 feet; t °26'24' East 136.24 feet; eppswnereaalistetl in ine .leak 1010 under Recptlon
Cog;nd of curveMMem ISIMOtape North 33°51'4 North Wed thence South 4459'37"East pefricl2ExcePibns, NO.ppp8619). gpleeranent
said end of curve Sala f51000 feet; thence North 73.11 het thencedeparfinq recaaddln took 1117 under
th tte vilest 101.24 feeb stein astert163.23 fee11et sold Westerly 49. South theabogtlescrlbedparcel heceplbn No. 04!!723,
the ofata stein on EasteMNde 77.03.02"Ead 149.26 to a contains 4120.472 acres Gredrg and Recre:None
'rn gt that certain parcel of bet
own concave to its Pont on said Westerly ine;
Norther*novngacsaNW ascribed n deed as Belt thence departing sold pleeOrieuantlbwbNcib under Reception
in Mark 114
B recorded In Book 1068 led following easements, No.
.0f0141et end a lost rune South 28'24'4'
and un� r Reception tie. last 133.76 feet: thence apwemenb and rights-of- 02090926, Order Approving
ddafel3M••NNet Reecewet,, Settlement Agreement
01 said
fl csted7�rt0 the etc aztreolo. records of sell South 40°21.52•East 122.56
of sale aaa0iNle0.r/.46eMb CpytN, thence along odd Net;thence ettoo olntOn 991^_(1
of aideigult Rabe toEasterly the N thence
East 168.241eettOapanton ba50
East 143.90 feet; thence
recorded in Book 1201 under
Reception No. 02147157,
Supplemental Declaration
recorded In Book 1121 under
Reception No. 02170703,
(Relocates easement
goateed in Book 10.68 under
Reeeptlon No. 020086]8),
Amendment to Grant of
Easement Recorded In Book
IBM under Reception No.
02218734, (restates and
amends right-of-way and
eaement recorded in Book
1015 under Reception No,
019.3413 and Book 1068
under Reception No.
0700N27).OllandC•as Lease
recorded In Book 1327 under
Reception No.02280130 and
OH other easements,
agreements and rights-of-
way of record.
DUMot 2 Exceptions
Exception A: Replat of First
Fang,Beebe Draw Farmsand
BQedlbn Center,Phase 1,
which Includes Lois 54.56
(eteWdve), 63-67(Indusive),
85-90(ecluslve), 92-
94(Inckave),114,115,119-126
(Inclusive), and 139-143
(Inclusive).Cumulative area
contains 91.759 acres,mete
or less.
Exception B:Allot Seckon 16,
Township 3 North,Range 65
West of the V Principal
Meridian. Weld County,
Cdorodo.Descrk)ed Section
contdns e20.687 acres,more
or ea.
District 2 parcel as described
and excepted contains
3,407.846 acres,morn cc Mice.
Published in the Fort Lupton
PressJune 30,July 7,14,1999.
CLERK TO THE BOARD
PHONE (970) 356-4000, EXT.4218
FAX: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
STATE OF COLORADO)
ss
COUNTY OF WELD )
I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the
County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution
#991650, dated July 21, 1999, is a duplicate of the original Resolution on file in the Weld
County Clerk to the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 26th day of July, 1999.
CL '' '. ' H cO1141
BY:
.`PUTY c ERK TOO E BO
991650
CONSOLIDATED
SERVICE PLAN
FOR
BEEBE DRAW FARMS
METROPOLITAN
DISTRICT No. 1
AND
BEEBE DRAW FARMS
METROPOLITAN
DISTRICT No. 2
May 1999
991650
oormnwn-pei
Table of Contents
I. INTRODUCTION 1
A. Summary 1
1. Dual Districts Structure 6
2 . Benefits of Dual District Structure 7
3 . Configuration of Districts 9
4. Long-Term District Plan 11
5. Existing Services and Districts 11
B. General Information and Assumptions 12
C. Contents of Service Plan 15
D. Modification of Service Plan 16
II. NEED FOR NEW DISTRICT AND GENERAL POWERS 16
A. Need for New District 16
B. General Powers of Districts 17
1. Streets and Drainage 17
2. Traffic and Safety Controls 18
3 . Parks and Recreation 18
4. Water 19
5. Miscellaneous Authorities 19
6. Other Services 19
7 . Legal Powers 19
8. Other 20
III. DESCRIPTION OF FACILITIES AND IMPROVEMENTS 21
A. General 22
B. General Design Standards 23
1. Street System and Traffic Safety 23
2 . Storm Drainage 24
3 . Water System 25
4. Transit System 26
5. Park and Recreation 26
C. Estimated Costs of Facilities 27
IV. DEVELOPMENT PROJECTIONS 27
V. PROPOSED AND EXISTING AGREEMENTS 27
A. District Intergovernmental Agreement 27
B. Water Service Agreement 29
991650
C. County Agreement 30
D. Developer Fee Agreement 30
E. FRICO Agreement 31
F. Other Agreements/Authority 31
VI. OPERATION AND ADMINISTRATION COSTS 32
VII. FINANCIAL PLAN 33
VIII. OTHER REQUIREMENTS 39
IX. CONCLUSIONS 40
EXHIBIT A
FIGURE 1 - MAP OF DISTRICT NO. 1
FIGURE 2 - MAP OF DISTRICT No. 2
FIGURE 3 - LEGAL DESCRIPTION OF DISTRICT No. 1
FIGURE 4 - LEGAL DESCRIPTION OF DISTRICT NO. 2
FIGURE 5 - VICINITY MAP
EXHIBIT B
TABLE 1 - SUMMARY OF CAPITAL EXPENSES
TABLE 2 - PRELIMINARY ENGINEERING SURVEY
EXHIBIT C
TABLE 1 - BUILD-OUT SCHEDULE
TABLE 2 - ASSESSED VALUATION
EXHIBIT D
WATER SERVICE AGREEMENT
EXHIBIT E
DEVELOPER FEE AGREEMENT
EXHIBIT F
FINANCING PLAN
EXHIBIT G
DEBT AMORTIZATION SCHEDULE
EXHIBIT H
1997 FINANCIAL STATEMENTS
991650
I. INTRODUCTION
A. Summary
The Beebe Draw Farms Metropolitan District
( "District" ) , a special district located in Weld County,
Colorado, was established by order of the District Court entered
on August 20 , 1986 recorded in the County records at Reception
No . 02065838 on August 20, 1986, following the County' s approval
of the District Service Plan on May 14, 1986 and the District
electors ' approval at an organizational election held on August
19 , 1986, pursuant to the provisions of Article 1 of Title 32 ,
C.R. S. ( "District Act" ) .
The. District was organized to provide various services
and facilities, including water, streets, drainage, safety
protection, parks and recreation, television transmission and
relay, transportation, and mosquito control as set forth in the
District Service Plan, to the Beebe Draw Farms and Equestrian
Center ( "Development" ) , which is now planned for approximately
724 single-family residences with a projected population of 1, 860
permanent residents as more fully described in the P.U.D. Master
Plan ( "Master Plan" ) recorded in the County records at Reception
No . R-1992773 on December 21, 1984 . The Development is six miles
east of Platteville adjoining Milton Reservoir, a Farmers
Reservoir and Irrigation Company ( "FRICO" ) water facility
encompassing 800 surface acres .
Development activity has only recently been commenced
because of previously adverse market conditions and financial
difficulties experienced by the original developer. During the
intervening years, the District has been operational and has
991640
taken actions in anticipation of development, including acquiring
real property and other interests in property necessary to
provide services and facilities, entering into agreements with
FRICO for the recreational use of Milton Reservoir, completing
environmental impact studies required by the federal government,
purchasing water and installing a water distribution system in
accordance with an intergovernmental agreement with the Central
Weld County Water District ( "Water District" ) , improving
equestrian and other recreational facilities on Milton Reservoir,
and performing planning and engineering for other District
infrastructure projects, including streets , drainage, and
gatehouse and administration building. The District has also
made arrangements with the County for offsite road improvements,
safety protection services, and coordination of other Development
activities . The District has partially implemented the financing
plan for the initial public facilities authorized under the
District Service Plan by issuing its General Obligation Bonds ,
Series 1998 ( "1998 Bonds" ) in the principal amount of $2 , 000 , 000 .
In general, the District has been administered to fully
implement the District Service Plan at such time as actual
development commences . Ownership of the Development has been
transferred to REI Limited Liability Company ( "Company" ) , a
Wyoming limited liability company doing business in Colorado as
Pelican Lake Ranch and Investors Limited Liability Company. The
Company began marketing lot sales in Filing No . 1 in November
1998 . Building activity started on the first homes in the
Development in February 1999 , and the first residents should be
living within the District by August 1999 .
Following notice to the County, the District commenced
the construction phase of completing District facilities for the
Development in September 1998 , when contracts were awarded for
991650
2
road and drainage work and water improvements . The initial phase
of District construction activity will provide various central
facilities, including the entrance to the Development and
gatehouse, Beebe Draw Farms Parkway, water transmission and
distribution mains, and road, drainage and water improvements for
the first phase of development in Filing No . 1 . To accord with
current market conditions, the Company has changed its
development plan to reflect a more conservative schedule of
build-out within the Development . Rather than financing and
constructing all public facilities and improvements needed for
the Development immediately as anticipated in the District
Service Plan, the District now anticipates completing the
District facilities in phases paralleling actual building
activity, thus providing more efficient and economic services
with the District .
In order to effect the phased completion of District
facilities in an orderly and predictable manner and to revise the
financial plan under the District Service Plan to be consistent
with current capital needs and market realities, the
institutional structure of the District itself must be modified.
The powers of the District will not, however, be materially
changed. The District submits this Consolidated Service Plan
( "Service Plan" ) pursuant to the District Act to effectuate
material modifications to the District Service Plan, including
the organization of a new overlapping metropolitan district and
changes in the responsibilities of the District for the more
efficient administration of services and facilities needed to
serve the Development . A description of the public improvements
and services to be furnished by the Districts, a preliminary
engineering survey, a consolidated financial plan, a summary of
proposed intergovernmental agreements, and other information
991650
3
required under the District Act are included in this Service
Plan.
The implementation of the financial concepts set forth
in this Service Plan will require significant commitments by the
Company and other developers of the Development . These
commitments have been partially satisfied by the execution of the
Developer Fee and Water Tap Fee Agreement dated as of December 8 ,
1998 ( "Developer Fee Agreement" ) to raise revenue for the funding
of public facilities and improvements needed within the
Development . The District is, or will be constructing various
central facilities and improvements funded by the 1998 Bonds to
serve all property within the District . Public facilities and
improvements to serve subsequent phases/filings in the
Development will be funded by fees paid by developers pursuant to
the Developer Fee Agreement and other available funds of the
Districts , including without limitation revenue notes or bonds .
This Service Plan demonstrates that the Districts will be capable
of providing economical and sufficient services to the property
within their boundaries .
This Service Plan is submitted in accordance with Part
2 of the District Act . As explained herein, the existing
District will function as the taxing district primarily
responsible for raising revenue to pay the operating, capital ,
and debt service expenses of the Districts and will be renamed
"Beebe Draw Farms Metropolitan District No . 1" ( "District No .
1" ) . A new overlapping metropolitan district will also be
organized to function as the service district and will be named
"Beebe Draw Farms Metropolitan District No . 2" ( "District No .
2" ) . District No . 2 will be responsible for administering and
operating both Districts, furnishing all District services ,
acquiring and installing all public facilities and improvements
4 991650
needed to serve the Development, and providing intermediate
financing for future District projects, as necessary. Any
reference herein to the "District" shall mean the existing
District, or District No . 1 or District No . 2 , if appropriate;
any reference to the "Districts" shall mean both District No . 1
and District No. 2 .
The Districts shall have all powers and authorities set
forth in the District Act and in this Service Plan. This Service
Plan defines the respective responsibilities and authorities of,
as well as the limitations and restrictions on, the Districts .
The Districts shall cooperate to implement this Service Plan and
to discharge, their responsibilities to furnish services and
facilities needed for the Development . The failure by either
District to perform its responsibilities hereunder shall
constitute a material modification pursuant to Section 32-1-207 ,
C .R. S . , for which the prior approval of the County shall be
required. The use and implementation of a consolidated service
plan will simplify the dual structure of the Districts, provide
for greater coordination of the responsibilities and authorities
of the Districts, and avoid confusion regarding the separate but
coordinated purposes of the Districts, which might arise if
separate service plans were used.
Unless otherwise specified herein, general provisions
of this Service Plan apply to each District. Where appropriate,
specific responsibilities and limitations will be noted for each
District. All exhibits, maps and tables referred to herein are
included at the end of this Service Plan. Any reference to this
Service Plan shall also apply to any amendment , change or
modification of this Service Plan approved in compliance with the
District Act, if required, or by written agreement between the
Districts, or by the County.
5 991650
1 . Dual Districts Structure.
District No . 1 will be responsible for levying
property taxes and raising other revenue needed to pay operating
and debt service expenses, to fund capital improvements, and
generally to support the Financing Plan. District No. 2 will be
responsible for administering and operating the Districts ,
furnishing all services, acquiring or installing the public
facilities and improvements needed to serve the Development, and
providing intermediate financing for future District projects, if
necessary. The "Financing Plan" discussed throughout this
Service Plan refers to the consolidated financial plan for the
Districts , as more fully described in Section VII , which will be
implemented to provide the public facilities and services needed
for the Development .
Because of the interrelationship between the
Districts, intergovernmental agreements will be executed by the
Districts clarifying the respective responsibilities and the
specific functions and services to be provided by each District .
The intergovernmental agreements will be designed to assure the
orderly provision of public services and facilities and the
economic administration of the Districts ' fiscal affairs ,
resulting in a planned residential community which will be an
asset to the County. As a consequence of the integrated
structure of the Districts , the information provided within this
Service Plan often relates to both Districts .
The organization of District No . 2 as the service
district to finance, construct and operate the public facilities
throughout the Development (unless transferred to the County or
another governmental entity) , and the re-structuring of District
6 991650
No . 1 as the taxing district to raise property taxes and other
revenue required to pay the costs of operations and debt service,
will create several benefits for the Development and for the
County. In general, these benefits are : (i) coordinated
administration of construction and operation of public
improvements and delivery of facilities and services needed for
the Development in a timely manner; (ii) maintenance of uniform
property tax levies and reasonable tax burdens on all property
within the Development through proper management of the financing
and operation of public improvements; and (iii) assurance that
all public improvements are constructed and paid for in a timely
and cost effective manner. Each of these concepts is addressed
in greater detail in the following paragraphs .
The public facilities and improvements to be
financed, acquired, installed and operated by District No . 2 , and
the provision of services needed within the Development, will not
duplicate or interfere with the improvements and facilities
already constructed or planned to be constructed within District
No . 1 (or by any other district or governmental agency) , if this
Service Plan is implemented in accordance with the terms
described herein. In compliance with the provisions of Section
32-1-107 (3 ) , C .R. S . , the Board of Directors of District No . 1
hereby acknowledges its consent to the organization of District
No . 2 within the boundaries of the District for the purposes and
in accordance with the terms of this Service Plan.
2 . Benefits of Dual District Structure.
a) Coordinated Services . As now planned, build-
out of the Development will proceed in several phases over the
next ten years, each of which will require the extension of
public facilities and services . The dual district structure will
7 991650
assure that the construction and operation of each phase of
public facilities will be completed in a manner consistent with
the Company' s long-term development plan. The use of District
No . 2 for financing and constructing each new phase of public
improvements needed within the Development and for managing the
public improvements and operations not taken over by the County,
Water District, or another governmental entity will facilitate
the implementation of the Financing Plan, even if timelines
change, and will assist in assuring the coordinated provision of
services throughout the Development .
The dual district structure will also assure
that public facilities and services needed for future build-out
of the Development will be provided when needed and not sooner.
Absent an appropriate mechanism to assure timely completion of
future improvements , the District might cause improvements to be
financed and completed well before needed simply to assure that
the Financing Plan is effected, regardless of economic
consequences . Agreements between the Districts and the Company
or other developers will provide much of the financing for public
improvements which are not needed presently, thereby helping
taxpayers to avoid the long-term carrying costs associated with
financing such improvements too early. This, in turn, allows the
full costs of public improvements to be allocated fairly over the
entire Development and avoids disproportionate cost burdens being
imposed upon the initial phases of the Development .
b) Uniform Property Taxes . Allocation of the
responsibility for paying debt for public improvements will be
addressed in the consolidated Financing Plan and through
development of an integrated operating plan for long-term
operations and maintenance of public improvements within the
Development not transferred to the County, Water District, or
8 991650
another governmental agency. The dual district structure will
help to assure that no area within the Development becomes
obligated for more than its share of the costs of public
improvements and operations . Intergovernmental agreements
between the Districts will assure that property tax levies remain
reasonable and uniform throughout the Development .
c) Bond Interest Rates . The use of the
Districts in tandem to issue future bonds, if necessary, and to
finance the costs of public improvements in the Development will
assure that all debt is issued at competitive interest rates .
The Financing Plan for the Districts anticipates that
intermediate financing of future public improvements will be
secured by the revenue generated from the Developer Fee Agreement
and other revenue available to the Districts . This assures that
the risk of development remains with the Company, until such time
as it has increased the valuation on property within the
Development at the level necessary to pay for the costs of public
facilities with reasonable tax levies . The use of a dual
district structure allows the Districts to coordinate the timing
and issuance of bonds in such a way as to assure that
improvements required by the County are constructed when needed.
The combination of appropriate management and control of the
timing of financing and the ability of the Districts to obtain
attractive interest rates will benefit all property owners within
the Districts . Consequently, the dual district structure is less
risky and may result in lower rates on District bonds than if a
single metropolitan district is used,.
3 . Configuration of Districts . In order to implement
the dual district structure, the boundaries of the Districts must
be carefully configured. A map showing the current boundaries of
District No . 1 is provided in Figure 1 in Exhibit A. District
9 991650
No . 1 contains approximately 4, 120 acres . The boundaries of
District No. 1 include all land within the Development. A map
showing the purposed overlapping boundaries of District No . 2 is
provided in Figure 2 in Exhibit A. District No . 2 will contain
approximately 3 , 408 acres of platted and unplatted property owned
by the Company and located completely within the boundaries of
District No. 1, excluding that property in the first phase of
development in Filing No. 1 which is now being marketed for sale .
The legal description of the property within the present
boundaries of District No. 1 is provided in Figure 3 in Exhibit
A, and the legal description of the proposed boundaries of
District No. 2 is provided in Figure 4 in Exhibit A. A map
showing the boundaries of the Districts in relation to the
greater vicinity of the County is provided in Figure 5 in Exhibit
A.
The "service area" (the geographic area which may
legally be served) of District No. 2 will consist of the entire
area of the Development, including all property within District
No . l ' s boundaries . District No. 2 will have the power to impose
property taxes only within its legal boundaries but will be
authorized to provide public services and facilities throughout
the Districts pursuant to this Service Plan and the
intergovernmental agreements between the Districts .
Additional property may be included in the
Districts in accordance with the provisions of the District Act .
Under the District Act, the fee owner or owners of one hundred
percent (100%) of any property proposed for inclusion may
petition the Board of Directors of either District for the
inclusion of property into the District. Further, less than all
of the owners of an area may petition the District for inclusion,
or the Board may adopt a resolution calling for an election on
991650
10
inclusion of the property within such area. A substantially
similar process is applicable to the exclusion of property from a
special district . In accordance with the procedures set forth in
the District Act, property within each new phase of the
Development will be excluded from District No . 2 , when such
property has been platted, and lot sales have been commenced by
the Company or other developers . The Board of Directors of the
Districts will have complete discretion to approve inclusions or
exclusions without processing an amendment of this Service Plan.
4 . Long-Term District Plan. After all public
improvements have been constructed, and all bonds or other debt
of the Districts have been paid or payment has been provided for,
the electorate of the Districts will have the opportunity to vote
upon the consolidation of the Districts into a single
consolidated District . At some time, it may be appropriate to
consider the dissolution of District No . 2 . Ultimately, control
of these decisions will rest with the electorate in each
District. Neither District may be dissolved, however, without
prior notification to the County and compliance with all
provisions of the District Act .
5 . Existing Services and Districts . Other than the
Districts, there are currently no other governmental agencies
operating within the Development area which have the legal or
financial ability to undertake the design, financing and
construction of the public improvements needed to serve the
Development . The County and other special districts in the
Development area, including the LaSalle Fire District ( "Fire
District" ) , do not consider it financially feasible or
practicable to provide the public facilities and improvements
needed for the Development . Consequently, the organization of
the Districts is necessary for the provision of public
991650
11
improvements and services in the Development and for the
development of the property itself . The re-structuring of
District No. 1 and the organization of District No . 2 will have
no legal effect upon, or change the rights, liabilities, or
obligations of District No. 1 under the terms of existing
agreements, including the Agreement for Water Service, dated June
27 , 1995 ( "Water Service Agreement" ) with the Water District .
Water service will be provided to the Development in accordance
with the terms of the Water Service Agreement . The District may
enter into intergovernmental agreements with the Fire District .
In order to minimize the proliferation of
governmental activities, District No . 2 will operate and maintain
the public facilities and improvements within the Development in
accordance with intergovernmental agreements with District No . 1 .
Operations and maintenance of some public improvements, including
water, street and traffic safety, will be the responsibility of
the County cr Water District after the completed improvements
have been transferred to such agencies . The timing and
conditions for transfer of such improvements will be established
by the County and Water District .
B. General Information and Assumptions
The projected resident population of the Districts at
build-out of the Development is 1, 860 persons . The projected
total valuation of all taxable property within District No . 1 at
build-out of the Development is approximately $181, 000 , 000 with
an assessed valuation of approximately $20 , 000 , 000 . The 1999
assessed valuation of all taxable property within the boundaries
of District No . 1 is $6, 755 , 200 . No resident population is
anticipated within District No . 2 . The initial assessed
valuation of the taxable property within District No . 2 is
991650
12
estimated to be approximately $16, 000 . As development occurs
within District No . 2 , improved property will be excluded from
the District, and the total assessed valuation of property within
the District will decrease .
The anticipated costs of public improvements needed to
serve the Development are substantial and are estimated in Table
1 in Exhibit B. Funding for capital costs will be provided from
developer fees, water connection fees, and other available
revenue of the Districts . The Districts may obtain financing for
the public improvements, if necessary, through the issuance of
general or limited tax obligation bonds or other debt instruments
of District No . 1, including the issuance of notes or tax pledges
to District No . 2 pursuant to the intergovernmental agreements
between the Districts, or from revenue bonds, anticipation notes,
or other instruments issued by the Districts and secured by
revenues generated under the Developer Fee Agreement . District
No. 2 may enter into funding agreements with the Company or other
developers tc fund the costs of public improvements needed for
subsequent phases of the Development.
The revenue forecasts set forth in the Financing Plan
were based upon various development assumptions made by the
Company. For purposes of this Service Plan, a reasonable growth
scenario has been used to develop the Financing Plan. The
Financing Plan is predicated upon a cash funding scenario which
may be used by the Districts to finance the costs of public
improvements :needed for subsequent phases of the Development. At
the time public improvements are actually needed, alternative
financing plans may be more beneficial and may be implemented by
the Districts, as appropriate . Use of an alternative financing
plan will not require an amendment of the Service Plan but shall
be subject to the other requirements set forth in Section VIII .
13 991650
With the financial support provided by the Company and
other developers through the payment of developer fees , the
Financing Plan demonstrates that the costs of public improvements
needed for subsequent phases of the Development can be financed
economically with reasonable property tax levies not exceeding 40
mills . The projections and estimates set forth herein relating
to the costs of public facilities and operations will not
constitute limitations on the financial powers of the Districts;
provided, however, that the Districts shall not be permitted to
issue bonds which are not in compliance with State law and the
provisions of this Service Plan, including without limitation
Section VIII .
The Financing Plan demonstrates that the risks
associated with the construction of public improvements needed
within subsequent phases of the Development will be borne
initially by the Company and other developers through payment of
the developer fees . The responsibility for payment of a portion
of the costs of public facilities will be shifted incrementally
to all property within District No . 1 as development occurs, and
the total assessed valuation of property within the District
increases . The County will have no responsibility for any debt
of the Districts .
Additionally, the County can be assured that there are
legal and financial controls on District indebtedness, which
operate to limit the taxes that property owners within the
Development will be expected to pay. Under the District Act, a
district cannot incur general obligation indebtedness payable
from property tax revenues in excess of fifty percent (50%) of
its valuation for assessment, unless such indebtedness is rated
or insured, or unless the mill levy from which it is payable is
991650
14
limited. The maximum tax levy of the Districts for operations
and debt service is projected to be 40 mills . In addition, State
securities laws do not allow exemption from registration for
district indebtedness not meeting minimum requirements . Finally,
the current public market for municipal securities is extremely
cautious with respect to district general obligation indebtedness
and demands relatively low debt-to-valuation ratios . It should
be noted that any general obligation indebtedness, including the
1998 Bonds, is secured by a tax levy without limit as to rate or
amount, which must be sufficient, together with other available
revenues, to pay debt service. The outstanding principal amount
of the 1998 Bonds is $2 , 000 , 000 .
C . Contents of Service Plan
This Service Plan consists of a Financing Plan and
preliminary engineering survey showing how the public facilities
and services for the Development can be provided and financed by
the Districts working in tandem. The Financing Plan revises ,
modifies and replaces the original financing plan set forth in
the District Service Plan. Other information is included in this
Service Plan in compliance with the requirements of Part 2 of the
District Act .
The assumptions contained within this Service Plan were
derived from a variety of sources . Information regarding the
present status of property within the Districts, as well as the
current schedule of development, was obtained from the Company.
Construction cost estimates for most public facilities were
developed by Milestone Engineering or J.L. Walter Consulting
Engineering for water improvements . Legal consultation,
including drafting of this Service Plan, has been provided by the
law firm of Collins and Cockrel, P.C . Financial recommendations
15 991650
and advice relating to the issuance of the 1998 Bonds were
provided by Bigelow and Company and James Capital Advisors, Inc .
The District auditor is Van Schooneveld and Co. , Inc .
D. Modification of Service Plan
This Service Plan has been drafted with sufficient
flexibility to enable the Districts to provide the public
services and facilities currently anticipated for the Development
under evolving circumstances without the need for numerous
amendments in the future . While the assumptions upon which this
Service Plan are generally based are reflective of the Master
Plan for the Development, the cost estimates and Financing Plan
are sufficiently flexible to enable the Districts to provide
necessary services and facilities without the need to amend this
Service Plan as actual development occurs , whether or not the
Master Plan itself changes . Modification of the general types of
services and facilities , and changes in proposed configurations,
locations, quantities, dimensions, or costs of various facilities
and improvements, shall be permitted to accommodate actual
development needs consistent with the Master Plan, without
further amendment of this Service Plan.
II. NEED FOR NEW DISTRICT AND GENERAL POWERS
A. Need for New District
District No . 2 will be organized to assure that public
facilities and improvements needed to serve subsequent phases of
the Development will be financed and installed in a timely,
efficient, and economical manner as development occurs . District
No . 1 will continue to be responsible for financing the various
central facilities needed to serve the entire Development and for
991650
16
funding operations and outstanding debt service. Installation,
operations and maintenance of water, drainage, streets, safety
protection, landscaping, transportation, cable television, and
park and recreation improvements will initially be provided by
the Districts, some of which will then be transferred to the
County or Water District in accordance with the intergovernmental
agreements referred to in Section V.
B. General Powers of Districts
The Districts will have all powers and authorities
granted under the District Act to provide the services and
facilities described in this Service Plan both within and outside
District boundaries . The powers and authorities of the Districts
will be allocated and further refined in intergovernmental
agreements between the Districts , a general summary of which is
set forth in Section V. For purposes of the District Act, the
making or amendment of the intergovernmental agreements shall not
constitute a material modification of this Service Plan. They
will, however, be binding and enforceable agreements between the
Districts regarding implementation of the authorities set forth
in this Service Plan.
The Districts shall have authority to provide the
following services and facilities, all of which shall be in
conformance with the standards and specifications of the County
or Water District, if applicable:
1 . Streets and Drainage. The design, acquisition,
installation, construction, operation, and maintenance of
arterial, collector and access streets and other roadway
improvements within and outside District boundaries, including
without limitation curbs and gutters (if needed) , culverts , storm
991650
17
sewers and other drainage facilities, detention ponds, retaining
walls and appurtenances , as well as bridges, parking facilities ,
paving, lighting, grading, landscaping, undergrounding of public
utilities, gatehouses, entrance buildings, and other street
improvements, together with all necessary, incidental, and
appurtenant facilities, land and easements, and all necessary
extensions of and improvements to such facilities .
2 . Traffic and Safety Controls . The design,
acquisition, installation, construction, operation, and
maintenance of traffic and safety protection facilities and
services through traffic and safety controls and devices on
streets and roadways , as well as other facilities and
improvements, including without limitation signalization at
intersections, traffic signs, area identification signs,
directional assistance, driver information signs, and contractual
arrangements with the County Sheriff or Fire District for safety
protection and other incidental purposes, together with all
necessary, incidental, and appurtenant facilities, land and
easements, and all necessary extensions of and improvements to
such facilities .
3 . Parks and Recreation. The design, acquisition,
installation, construction, operation and maintenance of public
park and recreation facilities or programs, including without
limitation grading, soil preparation, sprinkler systems,
playgrounds, playfields , golf courses, tennis courts , swimming
pools , bike, hiking and nature trails, nature corridors,
pedestrian and equestrian trails, bridges, picnic areas , lakes,
marinas, open space, landscaping and weed control, outdoor
lighting of all types, recreation and equestrian facilities ,
community buildings, and other recreational facilities , together
with all necessary, incidental and appurtenant facilities, land
991650
18
and easements, and all necessary extensions of and improvements
to such facilities or systems .
4 . Water. The design, acquisition, installation,
construction, operation and maintenance of water lines, hydrants,
water treatment, storage and distribution facilities , storage
reservoirs, water rights, and all necessary or proper equipment
and appurtenances incident thereto, together with all necessary,
incidental and appurtenant facilities, land and easements, and
all necessary extensions of and improvements to such facilities
or system.
5 . Miscellaneous Authorities . The design,
acquisition, installation, construction, operation and
maintenance of : (i) transportation systems by bus, rail, or any
other means, including without limitation services and facilities
authorized under the District Act; (ii) services and facilities
for the elimination and control of mosquitoes ; and (iii)
television relay and translator systems and other electronic or
cable facilities .
6 . Other Services . The Districts may provide other
services and facilities authorized under the District Act or by
law, without limitation, if needed to serve the Development and
not otherwise provided by the County or another governmental
agency within the area.
7 . Legal Powers . The powers of the Districts to
provide the services and facilities contemplated in this Service
Plan will be exercised by the Board of Directors of each District
as applicable . The authorized facilities and services , along
with all other activities permitted by law, will be undertaken in
accordance with, and pursuant to the procedures and conditions
19 991650
contained in the District Act, other applicable statutes, and
this Service Plan.
8 . Other. In addition to the powers and authorities
enumerated herein, the Board of Directors of each District shall
also have the following powers :
a) To amend this Service Plan as necessary,
subject to compliance with all statutory procedures set forth in
the District Act, including by providing written notice to the
County pursuant to Section 32-1-207, C .R. S . , of actions which
either District believes is permitted by this Service Plan but
which may be unclear . In the event that the County determines
not to enjoin any such activity, such determination shall
constitute agreement by the County that such activity is within
the scope of this Service Plan. Each District shall have the
right to amend this Service Plan independent of any participation
by the other District; provided, however, that neither District
shall be permitted to amend those portions of this Service Plan
which materially affect, impair, or impinge upon the rights or
powers of the other District without the other District ' s
consent; and
b) Subject to all provisions of the
intergovernmental agreements between the Districts , to revise,
reschedule, or restructure the financing and construction of
various public improvements and facilities in order to
accommodate the rate of growth within the Development, costs of
public improvements, and inclusion of property into the
Districts , or the provision of any public improvement and
facility by another entity; and
99165°
2O
c) To provide all additional services and
facilities and exercise all powers as are expressly or impliedly
granted by the District Act or other State law, and which the
Districts are required to provide or exercise or, in their
discretion, choose to provide or exercise; and
d) To exercise all necessary and implied powers
under the District Act .
III. DESCRIPTION OF FACILITIES AND IMPROVEMENTS
District No . 1 has previously financed, acquired, and
installed, or is currently constructing the central facilities
and improvements needed to serve the initial phase of the
Development, including the Beebe Draw Parkway, other streets and
drainage facilities, entrance and gatehouse, traffic and safety
controls, signage, offsite water transmission main, water
distribution lines, water rights, community building, hiking and
equestrian trails, marina and related water and recreation
facilities . District No. 2 will exercise its statutory powers
and the authority set forth in this Service Plan to finance,
acquire, construct, install, operate and maintain the other
public facilities and improvements needed to serve subsequent
phases of the Development as described in this Service Plan,
either directly, by contract, or by acquisition from the Company
or other persons . District No . 2 will complete the public
facilities which are to be transferred to and operated by the
County and Water District . Where appropriate, the Districts will
contract with various public and/or private entities to undertake
such functions and activities , including without limitation the
Water Service Agreement; subdivision improvement, law enforcement
and other intergovernmental agreements with the County; and
991650
21
acquisition and reimbursement agreements with the Company or
other developers , if necessary.
General information for each type of public improvement
needed for the Development is set forth in the following pages .
It is important to note that the engineering information
contained in this Service Plan is preliminary in nature, and that
modifications to the type, configuration, and location of public
improvements may be necessary as development progresses . All
public facilities and improvements within the Development will be
designed and installed in such manner as to assure that the
facility and service standards will be compatible with those of
all affected governmental agencies and utility providers,
particularly the County and Water District . For example, County
road design and construction standards have been followed in
designing all District street and drainage projects, and water
transmission and distribution mains have been designed and
constructed in accordance with the Water District ' s regulations .
There follows a general description of the public facilities
and improvements which will be financed and constructed by the
Districts .
A. General
Construction of all public facilities and improvements
will be engineered and scheduled to allow for proper sizing and
phasing consistent with the need for service within each phase of
the Development . All descriptions of specific facilities and
improvements to be constructed and their related costs are
estimates only and are subject to modification as actual
engineering design, development plans, market conditions,
22 991650
governmental requirements , and construction scheduling may
require.
B. General Design Standards
All public facilities and improvements within the
Development will be designed, installed, and operated by District
No . 2 in conformance with current codes, standards, and
regulations adopted by the County, Water District, Fire District,
or District itself . Design and contract documents prepared for
improvements will be approved by District No . 2 and will be
implemented in accordance with all codes, regulations, standards,
specifications, and procedures of each applicable governmental
agency. If design standards become more stringent, the developer
fee may be increased to pay for the additional capital costs of
District facilities .
1 . Street System and Traffic Safety.
a) General . The Districts will construct the
arterial and collector streets and roadway system needed to serve
the Development . The existing and proposed elements of the
street system will provide a network of arterial and collector
streets and roadways to accommodate anticipated traffic within
and surrounding the Development interconnecting with existing
County roads in the area. The improvement of offsite County
roads within the area, as may be required by the County to
provide adequate traffic circulation to the Development, will be
completed in accordance with intergovernmental agreements with
the County. All streets, regardless of classification, and
related facilities will be designed and installed in accordance
with current County standards and specifications .
991650
23
b) Streets . Public streets will be designed and
installed to conform to the standards and recommendations of the
American Association of State Highway and Transportation
Officials, the Colorado Department of Highways (if applicable) ,
County standards and specifications, and any rules and
regulations adopted by the Districts . The rights-of-way for and
the widths of streets within the Development shall be as set
forth in the Master Plan and in the subdivision plats for the
individual filings of the Development as approved by the County.
c) Landscaping. Landscaping may be installed by
the Districts along portions of the arterial and collector road
rights-of-way. The Districts may install and maintain landscaped
highlights within the Development, including entry features at
major entrances . Additional landscaping features may be
installed and maintained by District No . 2 .
d) Signals and Signage. Traffic controls and
signage will be provided along streets to enhance the flow of
traffic within the Development . Streetlights may be installed by
the Districts at the intersections of arterial and collector
streets or County roads . All improvements will be installed by
the Districts as required by County regulations .
2 . Storm Drainage .
Generally. The Districts will install the
necessary storm drainage systems to serve the Development in
accordance with County development regulations . The storm
drainage system includes ponds, culverts, and curb and gutter ( if
necessary) designed and installed in accordance with County
standards and sound engineering judgment . The Districts will
design and install storm drainage improvements within the
24 991650
Development, except for site improvements for individual
development parcels , which will be the responsibility of the
Company or other developers . All major storm drainage facilities
will be designed to conform to the standards and recommendations
for drainage improvements using County design criteria and if
applicable, regulations of FRICO.
a) Culverts . Culverts , including box culverts ,
will be installed under all roadways that intersect storm
drainage channels in accordance with County regulations .
Culverts will be designed to pass flows as required and may
include headwalls , wing walls, inlet structures, and riprap
protection to enhance hydraulic capacity and reduce bank or
channel erosion.
b) Drainage Plan. A drainage plan will be
prepared that will identify all facilities necessary to convey
storm runoff from the Development . This plan will include all
infrastructure required to convey storm water flows generated
within the Development. This plan will maintain the flexibility
to modify drainage facilities as more detailed information is
generated during the design of the individual phases of the
Development . The drainage plan may include the utilization of
storm sewers , drainage channels, ponds, streets, and culverts .
3 . Water System. The water system within the
Development is interconnected to and part of the water
transmission and distribution system of the Water District and
will be operated and maintained by the Water District in
accordance with the Water Service Agreement . Water lines and
hydrants will be designed and installed to conform with the
current standards and specifications of the Water District and
then transferred to the Water District for future operation and
991650
25
maintenance . The water system required for the Development will
be installed by District No . 2 .
4 . Transit System. There is no specific
transportation plan for the Development currently, but the
Districts are authorized to furnish transportation services and
facilities, if subsequently needed and financially feasible .
5 . Park and Recreation. The Districts will acquire,
construct, develop, maintain, and operate parks and recreational
facilities, including hiking and equestrian trails, open space,
nature corridors, various aquatic facilities including a marina
on Milton Lake and improvements to Lake Christina, clubhouse,
swimming pool, and tennis courts , during build-out of the
Development . Major equestrian facilities are not currently
planned but may be provided by the Districts, if subsequently
needed and financially feasible, or may be provided through a
contract service provider. If there is sufficient public demand
in the future and available land and if it is economically
feasible, the Districts may, perhaps in cooperation with other
governmental agencies, develop a public golf course and related
facilities, subject to compliance with County site approval
requirements . Great Outdoors Colorado and Conservation Trust
Fund revenues could be applied for such purposes .
All park and recreational facilities and/or
services will be constructed in accordance with plans and
specifications established by District No. 2 . All park and
recreational facilities will be constructed in accordance with
engineering and design requirements appropriate for the facility
and shall comply with County building codes, uniform fire codes,
and the standards of other governmental agencies, if applicable.
26 991650
C . Estimated Costs of Facilities
The estimated costs of the public facilities and
improvements to be constructed, installed and/or acquired by the
Districts within the Development are $20, 596 , 084 as shown in
Table 1 in Exhibit B. The estimated costs of other public
infrastructure to be constructed, installed, and/or acquired by
the Districts to serve the Development are not known at this
time . The engineering analysis and estimates of public
infrastructure costs for the Development constitute the
preliminary engineering survey of the District facilities and
improvements and may be modified, changed and revised as
necessary to provide the public infrastructure needed for the
Development without any amendment of this Service Plan.
IV. DEVELOPMENT PROJECTIONS
The Company has projected the various phases and build-out
of the Development based upon present market conditions . The
build-out schedule is set forth in Exhibit C .
V. PROPOSED AND EXISTING AGREEMENTS
A. District Intergovernmental Agreements
As noted in this Service Plan, the relationship between
District No . 1 and District No . 2 , including the terms for
financing, constructing, and operating the public services and
improvements needed to serve the Development, will be established
in one or more intergovernmental agreements . A copy of each
intergovernmental agreement between the Districts shall be
provided to the County within thirty (30) days after execution.
The intergovernmental agreements will provide comprehensive
27 991650
procedures and requirements for the payment of : (i) the capital
costs of the public improvements, including payments to the Water
District and other governmental agencies; (ii) administrative,
operational and maintenance expenses of the Districts ; (iii)
costs of issuance of District bonds, debt service, and related
financing expenses of the Districts, and (iv) for the
construction, acquisition, operation and maintenance of all
facilities and services needed for the Development and the
administration of District affairs by District No . 2 .
District No. 2 will be responsible under the
intergovernmental agreements for contracting for and supervising
the acquisition and construction of all public facilities and
improvements needed for all subsequent phases of the Development,
including the preparation of engineering plans and specifications
and public bidding and contracting with contractors . Upon
completion of the public improvements, District No . 2 shall be
responsible for their operation and maintenance, until such time
as any improvement is transferred to the County, Water District,
or another governmental agency. District No . 2 shall be
responsible for management, record-keeping, and financial
planning services for the Districts, as well as operating or
contracting for the operation and maintenance of the public
improvements .
In addition to payments for financing a portion of the
public improvements within the Development, District No . 1 shall
pay District No . 2 for operating and maintaining the improvements
and administering the affairs of the Districts and any major
repairs or replacements of the improvements ( "service costs" ) .
District No. 1 will pay the service costs in accordance with the
terms of the intergovernmental agreements .
9911.
28
B. Water Service Agreement
The District entered into the current Water Service
Agreement with the Water District on June 27 , 1995 , terminating
the prior agreement dated October 30 , 1985 . A copy of the Water
Service Agreement is included in Exhibit D. The Development has
now been fully included within the service area of the Water
District, Northern Colorado Water Conservancy District ( "Northern
District" ) , and Municipal Subdistrict . Consequently, the
District has acquired, and will continue to acquire interests in
Northern District water (including Colorado-Big Thompson Project
water) at market prices . After acquisition, the water interests
are transferred to the Water District to be used as the permanent
water supply for the Development . This arrangement secures a
reliable and economic long-term water supply for the District and
all property within the Development .
In accordance with the terms of the Water Service
Agreement, the District is required, at its expense, to install
the water transmission and distribution system and all
appurtenant facilities necessary to serve the Development. The
water system improvements must meet the Water District ' s
technical standards . After completion, the water system
improvements are transferred to the Water District for operation
and maintenance . The Water District operates the water
distribution system within the District in accordance with its
general standards , providing services and charging customers
directly for such services . The Districts may also assess fees
and charges to users to recover capital costs incurred to furnish
water to the Development .
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29
C. County Intergovernmental Agreement
The Districts may enter into intergovernmental
agreements with the County with respect to the installation,
operation and dedication of streets, drainage, offsite road
improvements, safety and other facilities, and service
arrangements for the Development, including the County Sheriff or
Beebe Draw Law Enforcement Authority ( "LEA" ) , if appropriate. In
accordance with the terms of the Law Enforcement Agreement dated
December 17 , 1998 , the County and County Sheriff have contracted
to perform certain law enforcement protection services within the
LEA boundaries funded by a seven (7 ) mill tax levy. If
permissible, the Districts may in the future contract with the
LEA to fund additional levels of law enforcement services
necessary for the operation and protection of the facilities of
the Districts . The Districts will comply with all County codes,
regulations, standards, and specifications applicable to the
public facilities and improvements to be installed by the
Districts .
D. Developer Fee Agreement
The District entered into the Developer Fee Agreement
with the Company on December 8 , 1998 . A copy of the Developer
Fee Agreement is included in Exhibit E. The Developer Fee
Agreement is the primary source of funding for capital facilities
and improvements needed to serve subsequent phases of the
Development. Under the Developer Fee Agreement, the Company and
other developers are obligated to pay a developer fee in the
amount of $15, 500 per lot on or before the date of transfer
and/or sale of each lot. There is a schedule for payment of
developer fees in the first phase of the First Filing of the
Development . The District may increase the amount of the
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30
developer fee as necessary to fund the costs of the capital
improvements needed for subsequent phases of the Development,
including additional costs caused by more stringent County design
standards . Until the developer fee is paid, the developer fee
constitutes an unconditional obligation of, and lien upon each
lot within the Development .
E. FRICO Agreement
The District entered into the First Amendment to
Grazing and Recreation Lease ( "FRICO Agreement" ) with FRICO on
January 1, 1989, amending the Grazing and Recreation Lease dated
March 4 , 1987 with Beebe Draw Land Company, Ltd. The District
has effectively assumed all rights and liabilities under the
FRICO Agreement to manage recreational use on Milton Reservoir
for District residents and guests . There are certain limitations
upon the type of recreational uses (e . g . , motorized boating not
greater than ten horsepower and restrictions upon water skiing) ,
but most aquatic recreation is authorized. The District pays
FRICO an annual rental fee through the term of the lease
(December 31 , 2016) . A hunting sublease has also been entered
into for the same term, which reduces the annual lease rental
expense to approximately $3 , 000 .
F. Other Agreements/Authority
To the extent practicable, the Districts may enter into
additional intergovernmental and private agreements to ensure the
long-term provision of the public improvements and services
needed for the Development and for effective management of
District affairs , including without limitation the Fire District .
Agreements may also be executed with the Company, other
991650
31
developers, property owner associations, and other service
providers .
VI. OPERATION AND ADMINISTRATION COSTS
Initial costs of operations and general administration of
the Districts are set forth in Table No . 1 below; these costs
have been estimated based in part upon actual District
expenditures for prior fiscal years and are presented in the
Financing Plan set forth in Exhibit F . A copy of the most recent
audited financial statements of the District for the period
ending December 31 , 1997 is included in Exhibit H for
informational purposes . Increased costs of operations and
administration, including supplemental snowplowing and employee
expenses, will be funded by user fees, other operational fees ,
and general revenue sources available for such purposes, as
determined by the Board of Directors during the annual budgeting
process . The District will not be responsible for maintenance
costs associated with public roads or the water system. The
Financing Plan demonstrates that anticipated cash reserves will
be sufficient to fund costs of major repairs or replacement of
District facilities . Bonds could also be issued to fund such
capital costs .
TABLE NO . 1
INITIAL OPERATIONS AND ADMINISTRATION COSTS
Administration $ 4 , 500
Audit 4 , 000
Director fees 800
Insurance 3 , 800
Lake lease (net) 3 , 000
32 991650
Legal 8 , 000
Operations and maintenance 23 , 000
Utilities 1, 400
Emergency Reserves 1 , 500
Total $ 50 , 000
VII. FINANCIAL PLAN
The consolidated Financing Plan is set forth in Exhibit F
and shows how the proposed public services and facilities may be
economically financed and operated by the Districts . The
Financing Plan includes projected revenues derived from ad
valorem property taxes collected within District No. 1 and the
Developer Fee Agreement, together with other revenue annually
through 2007 and then for the ten-year period through 2018 . The
intergovernmental agreements between the Districts will provide
that the obligation of District No. 1 to pay District No . 2 for
the costs of financing the public improvements needed for the
Development and for operating expenses incurred for the provision
of services within the Development will constitute voter-approved
financial obligations of District No. 1 . Accordingly, property
tax levies certified to make necessary payments to District No . 2
may be characterized as financial obligations exempt from
spending limits under Article X, Section 20 of the Colorado
Constitution ( "TABOR" ) . District No . 2 may issue revenue or bond
anticipation notes to fund the costs of the public improvements ,
until such time as it is able to collect revenues from District
No . 1 or pursuant to the Developer Fee Agreement . Any funds
advanced by the Company or other developers will be reimbursed
from available revenue sources .
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33
The Financing Plan includes debt repayment for the
outstanding :_998 Bonds (maturing in 2018 with a net effective
interest rate of 6 . 78%) and shows how the financial operations of
the Districts will be integrated. The Debt Amortization Schedule
is included in Exhibit G. District No. 2 may issue revenue
anticipation notes or bonds secured primarily by the revenues
generated under the Developer Fee Agreement and property taxes
collected by District No . 1 . District No . 1 may issue notes or
pledges to District No . 2 secured by property tax levies to fund
the acquisition and installation of other major facilities needed
to serve the Development . District No . 1 may pledge or assign
its right to receive the revenue generated under the Developer
Fee Agreement, in whole or part, to District No . 2 to secure its
revenue bonds . Revenue from such sources and other available
funds will be used to retire the District bonds and other debts .
Pursuant to electoral approvals given at public elections
held on November 4 , 1993 and November 5 , 1996 , District No . 1 is
presently authorized to issue additional general obligation
indebtedness in the principal amount of $2 , 650 , 000 ( "Authorized
Debt" ) for the following purposes : (i) water ($925 , 000 ) ; (ii)
streets and drainage ( $975, 000 ) ; and (iii) park and recreation
( $750 , 000 ) . District No . 1 may issue the Authorized Debt for any
authorized purpose as may be necessary to complete the capital
facilities and improvements needed to serve the Development;
provided, however, that no Authorized Debt shall be issued after
twenty (20) years following the date of the public election. No
provision of this Service Plan shall be construed to restrict the
issuance by either District of limited tax obligation bonds with
a tax levy of 50 mills or less , revenue bonds or notes , or other
obligations which do not constitute a general obligation debt of
the Districts, except for the Authorized Debt . The Financing
Plan illustrates that adequate revenue will be available from
34 991650
various sources for the payment of debt issued to provide public
infrastructure for the Development, thus reducing the risk of
excessive property tax levies .
Other f=:nancing plans may be implemented, if subsequently
determined by the Board of Directors of the District to be in the
best interests of the Districts . The Districts shall, without
limiting other financing alternatives, be entitled to modify the
structure of the Financing Plan by causing District No . 2 to
obtain financing directly from the Company, other developers ,
financial institutions, or accredited investors ; provided,
however, that any such borrowing shall comply with the
requirements of State law. For example, District No . 2 shall be
entitled to obtain funding directly from the Company or other
developers and agree to repay and reimburse such entities from
revenues generated under the Developer Fee Agreement or from
other available funds of the Districts . The Districts shall also
be entitled to issue contingent repayment obligations in amounts
which exceed the Authorized Debt on condition that the provisions
of such contingent repayment obligations are in compliance with
State law and are subject to all legal limitations for issuance
of general obligation debt . The Districts shall have the
authority to utilize excess property valuation/debt capacity
which may be developed within the Districts , if the projections
incorporated into the Financing Plan are more conservative than
actually realized within the Development .
All projections in the Financing Plan are stated in 1999
dollars adjusted for inflation (3 . 5% per annum) , as applicable .
Upon approval of this Service Plan, the Districts will continue
to develop and refine the cost estimates for the public
improvements contained herein and prepare for financing such
improvements . All cost estimates will be inflated to current
991650
35
dollars at the time of actual financing and construction. All
construction cost estimates assume construction in compliance
with local, state or federal requirements .
The total estimated costs of all public facilities and
improvements and related financing and organizational costs are
$25, 460 , 704 (in 1999 dollars) , as more completely set forth in
Figure 1 in Exhibit C . The Districts shall have the authority to
issue (or incur) general or limited tax obligation indebtedness ,
revenue debt, and other debt obligations in amounts sufficient to
finance and construct the public facilities and improvements
authorized under this Service Plan, if greater than such
estimated costs , without the need to seek approval of the County
for any modification of this Service Plan. The Districts shall
also be permitted to seek debt authorization from their
electorates in excess of this amount to account for contingencies
or other unforeseeable costs . Reasonable modifications of all
facilities and cost estimates shall likewise be permitted. Final
determination of the amount of debt for which approval will be
sought from the Districts ' electorates will be made, from time to
time, by the Board of Directors of each District based on then
current estimates of construction costs, issuance costs, and
contingencies . Authorization to issue bonds and enter into the
various agreements described herein will be sought from each
District ' s electorate pursuant to the terms of the
intergovernmental agreements between the Districts , District Act,
and Colorado Constitution.
In addition to ad valorem property taxes and developer fees ,
which may be increased to fund the costs of capital improvements ,
the Districts may also rely upon various other revenue sources
authorized by law in order to offset anticipated or increased
expenses of construction, operations and maintenance . These
991650
36
include the power to assess fees, charges, rates, tolls, or
penalties as provided in the District Act . The Districts will
receive restricted revenue from Great Outdoors Colorado and the
Colorado State Lottery into the Conservation Trust Fund to
support recreational programs and facilities, including facility
repair and replacement reserves . Projections in the Financing
Plan are based upon average State distributions to districts
during the 1998 fiscal year. The Financing Plan has been
developed without reliance upon all possible sources of revenue
available to the Districts, but this does not preclude the
Districts from implementing any revenue source legally available
to the Districts .
The Financing Plan does not project any significant
accumulation of fund balances which might represent receipt of
revenues in excess of expenditures under TABOR. It is
anticipated that certain operations of the Districts may, under
some circumstances, qualify as "enterprises" under TABOR. If
District operations do not qualify as enterprises under TABOR,
revenues from all sources which exceed the permitted level of
expenditures in a given year will be refunded to taxpayers,
unless a vote approving the retention or "de-Brucing" of such
revenues is obtained. District No . 1 has already accomplished
such "de-Brucing" , and District No . 2 will do the same at its
organizational election, so that fluctuations in revenues from
year to year do not create a TABOR refund problem. To the extent
annual District revenues exceed expenditures without prior voter
authorization, the District will comply with the provisions of
TABOR and either refund the excess or obtain voter approval to
retain such amounts . In the discretion of the Districts, the
Districts may set up enterprises or other qualifying entities to
manage, fund, construct and operate facilities , services , and
programs . To the extent allowed by law, any entity created by
37 991650
the Districts will remain under the control of its Board of
Directors .
The estimated costs of the public facilities and
improvements to be constructed and installed by the Districts ,
including the costs of acquisition of land, engineering, legal ,
administrative services, initial proposed indebtedness, and other
major expenses related to such facilities and improvements, are
set forth in the Financing Plan. For full build-out of the
Development, capital costs are not expected to exceed
$20 , 596 , 084 . The Financing Plan for District improvements is
based upon developer fee revenue generated by build-out of the
Development . If build-out does not occur as anticipated (the
absorption estimates in the Service. Plan are considered to be
conservative) , then District improvements will be deferred or
phased to coincide with actual development, and unnecessary
capital expenditures will be avoided. This Financing Plan is
more practicable and financially feasible than the financial plan
in the District Service Plan, because construction phasing is
tied to build-out of the Development, and large principal amounts
of general obligation debt will not be incurred to finance the
District improvements, eliminating the risk of unlimited tax
levies . Organizational costs of District No . 2 are estimated to
be approximately $35, 000 .
The maximum principal amount of Authorized Debt will not
exceed $2 , 650 , 000 , and the maximum interest rate of Authorized
Debt will not exceed ten percent ( 10%) . The proposed maximum
underwriting discount will not exceed three percent (3% ) . It is
estimated that the Authorized Debt, if issued, will mature not
more than twenty (20) years from date of issuance, with the first
maturity being not later than three (3 ) years from the date of
issuance pursuant to the District Act .
991650
38
The assessed valuation of all improved property within the
Development is projected to increase to approximately $18 , 000 , 000
at build-out. The assessed valuation of all taxable property
within the Development is projected to increase from the present
level of $6 , 755 , 200 (1999) to over $20 , 000 , 000 at build-out . The
projected assessed valuation of property within the Development
was based upon present property tax information provided by the
County Assessor and present State tax law. The maximum property
tax levy of District No . 1 is not expected to exceed 40 mills .
District No . 2 is not expected to have a separate property tax
levy.
The Financing Plan clearly demonstrates that, at the various
projected levels of development, the Districts will have the
ability to finance and pay for the public improvements and
services needed for the Development and will be capable of
discharging all existing and proposed debt of the Districts on a
reasonable basis with reasonable property tax levies . No funds
or assets of the County shall be pledged as security for the
repayment of debt issued by the Districts .
VIII. OTHER REQUIREMENTS
The Districts shall be subject to the following additional
requirements :
1 . Unless subsequently requested by written
notice from the County, the Districts shall not be required to
file annual reports as described in Section 32-1-207 (3 ) , C .R. S .
2 . Material modifications of this Service Plan,
except as contemplated herein, shall be subject to approval by
991650
39
the County in accordance with the provisions of Section 32-1-207 ,
C . R. S .
IX. CONCLUSIONS
It is submitted that this Service Plan establishes, as
required by the District Act, that :
a) There is sufficient existing and
projected need for organized service in the area to be served by
the Districts;
b) The existing service in the area to be
served by the Districts is inadequate for present and projected
needs;
c) The Districts are capable of providing
economical and sufficient service to the area within its
boundaries (and within the service area) ; and
d) The area included in the Districts (and
within its service area) does have, and will have, the financial
ability to discharge the proposed indebtedness on a reasonable
basis .
Therefore, it is requested that the Board of County
Commissioners of Weld County, Colorado, who have jurisdiction to
approve this Service Plan pursuant to Section 32-1-203 , C .R. S . ,
adopt a resolution that approves this consolidated Service Plan
for the Districts as submitted.
991650
40
EXHIBIT A
[FIcuRE 1 - MAP OF DISTRICT NO. 1]
991650
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EXHIBIT A
[FIGURE 31
Legal Description of District No. 1
Legal Description of a parcel of land being located in Sections 3, 4, 5, 8, 9, 10, 15, 16 and 17, Township 3
North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado being more particularly
described as follow:;:
Beginning at the Southeast Corner of said Section 16 and considering the South line of said
Section 16 as bearing South 89°27'00" West and with all bearings contained herein relative
thereto; thence along said South line South 89°27'00" West 5138.65 feet to the Southeast Corner
of said Section 17; thence along the South line of said Section 17 South 89°32'56" West 5327.95
feet to the Southwest Corner of said Section 17; thence along the West line of said Section 17
North 00°29'53" West 5259.39 feet to the Northwest Corner of said Section 17; thence along the
West line of said Section 8 North 00°09'44" West 5291.77 feet to the Northwest Corner of said
Section 8; ':hence along the West line of the Southwest Quarter of said Section 5 North 00°25'29"
West 2654.03 feet to the West Quarter Corner of said Section 5; thence along the West line of the
Northwest Quarter of said Section 5 North 00°24'36" West 1327.22 feet to the Southwest Corner
of the North half of the Northwest Quarter of said Section 5; thence along the South line of the
North half of the Northwest Quarter of said Section 5 North 89°44'12" East 2631.31 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 North 89°44'12"
East 1331.58 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 North 00°39'07" West 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 the Northeast
Quarter of said Section 5 North 89°39'32" East 1333.17 feet to the Northeast Corner of said
Section 5; thence along the North line of the Northwest Quarter of said Section 4 North 89°45'34"
East 2638.09 feet to the North Quarter Corner of said Section 4; thence along the North line of the
Northeast Quarter of said Section 4 North 89°24'21" East 805.01 feet; thence departing said North
line South 40°04'03" East 9.61 feet to the centerline of the Platte Valley Canal as recorded in Book
1068 under Reception No. 02008616, records of said County; thence along said centerline the
following 25 courses and distances; South 10°09'07" West 45.49 feet; thence South 27°01'47"
West 281.98 feet; thence South 35°02'43" West 129.95 feet; thence South 46°2426" West 113.95
feet; thence South 67°56'02" West 114.41 feet to the beginning of a tangent curve concave to the
A-1 •
991650
Southeast having a central angle of 43°14'52" and a radius of 210.00 feet; thence Southwesterly
along the arc of said curve 158.51 feet to the end of said curve; thence tangent from said end of
curve South 24°41'10" West 39.72 feet to the beginning of a tangent curve concave to the East
having a central angle of 68°10'08" and a radius of 217.23 feet; thence Southeasterly along the
arc of said curve 258.45 feet to the end of said curve; thence tangent from said end of curve
South 43°28'58" East 159.97 feet to the beginning of a tangent curve concave to the Southwest
having a central angle of 48°38'11" and a radius of 81.88 feet; thence Southerly along the arc of
said curve 69.51 feet to the end of said curve; thence tangent from said end of curve South
05°09'12" West 19.20 feet to the beginning of a tangent curve concave to the Northwest having a
central angle of 25°54'10" and a radius of 260.90 feet; thence Southwesterly along the arc of said
curve 117.95 feet to the end of said curve; thence tangent from said end of curve South 31°03'22"
West 130.58 feet; thence South 09°40'40" West 95.26 feet; thence South 03°11'43" East 116.07
feet to the beginning of a tangent curve concave to the Northeast having a central angle of
36°30'36" and a radius of 180.24 feet; thence Southeasterly along the arc of said curve 114.85
feet to the end of said curve; thence tangent from said end of curve South 39°42'19" East 116.57 '
feet to the beginning of a tangent curve concave to the Northeast having a central angle of
45°22'3"and a radius of 4.82 feet; thence Southeasterly along the arc of said curve 90.93 feet to
the end of said curve; thence tangent from said end of curve South 85°04'50" East 170.71 feet to
the beginning of a tangent curve concave to the Southwest having a central angle of 68°29'30"
and a radius of 126.33 feet; thence Southeasterly along the arc of said curve 151.02 feet to the
end of said curve; thence tangent from said end of curve South 16°35'20" East 120.95 feet to the
beginning of a tangent curve concave to the West having a central angle of 25°35'07" and a radius
of 440.41 eet; thence Southerly along the arc of said curve 196.66 feet to the end of said curve;
thence tangent from said end of curve South 08°59'48" West 101.24 feet to the beginning of a
tangent curve concave to the Northeast having a central angle of 59°32'10" and a radius of 242.34
• feet; thence Southeasterly along the arc of said curve 251.82 feet to the end of said curve; thence
tangent from said end of curve South 50°32'22" East 97.62 feet; thence departing said centerline
North 89°31'39" East 2111.73 feet; thence North 17°52'53" West 380.92 feet. thence North
89°31'39" East 337.87 feet; thence North 00°28'21" West 150.00 feet; thence North 89°31'39"
East 1867.95 feet; thence South 00°14'30" West 680.87 feet; thence South 88°49'23" East 78.63
feet; thence South 12°49'39" East 29.72 feet; thence South 77°10'18" West 30.00 feet; thence
South 12°49'43" East 30.00 feet; thence North 77°10'18" East 30.00 feet; thence South 12°49'56"
East 14.14 feet; thence South 19°27'45" East 607.82 feet; thence South 43°51'20" East 959.22
feet; thence South 11°54'57" East 159.45 feet; thence South 60°05'14" East 1098.46 feet; thence
South 22`08'46" East 2187.26 feet; thence South 17°45'43" West 814.40 feet to a point on the
Northerly line of that certain parcel of land described in deed as Parcel A, recorded in Book 1068
under Reception No. 02008614, records of said County; thence along said Northerly line the
following :5 courses and distances; South 38°04'26"West 66.71 feet; thence South 70°24'28" West
A-2 991650
210.50 feel; thence North 65°42'40" West 1366.02 feet; thence North 44°50'58" West 1116.45
feet; thence South 71°22'10" West 137.84 feet; thence departing said Northerly line South
71°22'10" West 539.96 feet; thence South 43°28'15" East 318.43 feet; thence South 16°14'00"
East 175.00 feet; thence South 00°40'00" East 380.00 feet; thence South 27°02'02" West 73.00
feet; thence North 65°16'00" West 155.00 feet; thence North 56°09'00" West 462.00 feet; thence
North 68°59'00" West 256.00 feet; thence South 31°13'00" West 248.00 feet; thence South
80°26'00" West 196.00 feet; thence North 65°07'00" West 214.52 feet to a point on the Easterly
line of that certain parcel of land described in deed as Exhibit A recorded in Book 1068 under
Reception No. 02008614, records of said County; thence along said Easterly line the following 13
courses ar.d distances; North 29°11'51" West 43.34 feet; thence North 35°35'04" West 285.27
feet; thence North 69°49'46" West 52.20 feet; thence North 34°41'43" West 94.87 feet; thence
North 40°48'08" East 154.56 feet; thence North 72°48'51" East 101.53 feet; thence North
31°54'29" f=ast 62.43 feet; thence North 17°31'32" East 59.77 feet; thence North 20°04'7" West
110.72 feet; thence North 07°06'02" West 291.23 feet; thence North 11°50'01" West 107.28 feet;
thence North 33°54'04" West 150.60 feet; thence North 07°02'17" West 163.23 feet to a point on
the Easterly line of that certain parcel of land described in deed as Exhibit B recorded in Book
1068 under Reception No. 02008614, records of said County; thence along said Easterly line
North 36°47'35" East 143.90 feet; thence departing said Easterly line North 57°06'34" West 166.61
feet; thence North 75°57'04" West 582.06 feet; thence North 88°50'24" West 134.11 feet to a point
on said Easterly line; thence departing said Easterly line North 27°27'03" West 226.36 feet; thence
North 39°26'25" West 223.17 feet to a point on said Easterly line; thence departing said Easterly
line North 09°54'20"West 362.45 feet; thence North 17°02'45" West 167.22 feet to a point on said
Easterly line; thence departing said Easterly line North 28°46'38" West 241.99 feet; thence North
42°33'43" West 106.54 feet to a point on said Easterly line; thence along said Easterly and
Northerly lines of said Exhibit B the following 8 courses and distances; North 61°52'04" West
76.22 feet; thence North 89°17'02" East 139.17 feet; thence North 03°45'51" West 390.32 feet;
thence North 70°52'01" West 116.11 feet; thence North 72°17'16" West 122.30 feet; thence North
55°39'25" West 181.68 feet; thence North 31°18'35" West 1063.87 feet; thence South 58°31'52"
West 57.39 feet; thence departing said Northerly line South 31°28'08" East 522.19 feet; thence
South 10°25'09" East 99.33 feet; thence South 33°45'06" East 157.31 feet; thence South
51°32'58" West 95.52 feet to a point on the Westerly line of that certain parcel of land described in
deed as Exhibit A recorded in Book 1068 under Reception No. 02008614 records of said County;
thence along said Westerly line the following 3 courses and distances; South 00°23'32" East
177.92 feet; thence South 10°18'17" East 78.26 feet; thence South 30°46'13" East 152.46 feet;
thence departing said Westerly line South 47°56'08" East 265.05 feet; thence South 37°58'18"
West 164.42 feet; thence South 06°08'48" West 239.20 feet to a point on said Westerly line;
thence departing said Westerly line South 33°32'10" East 129.62 feet; thence South 74'20'47"
East 218.49 feet to a point on said Westerly line; thence departing said Westerly line South
A-3 991650
21°05'52" East 136.12 feet to a point on said Westerly line; thence departing said Westerly line
South 05°34'43" East 216.02 feet to a point on said Westerly line; thence along said Westerly line
South 40°38'56" East 130.48 feet; thence departing said Westerly line South 06°37'15" West
112.76 feet to a point on said Westerly line; thence along said Westerly line the following 3
courses and distances; South 13°34'14" East 59.67 feet; thence South 35°26'24" East 136.24 feet;
thence SoL.th 49°59'37" East 73.11 feet; thence departing said Westerly line South 72°03'02" East
149.26 to a point on said Westerly line; thence departing said Westerly line South 28°24'46" East
133.76 feel; thence South 40°21'52" East 122.55 feet; thence South 31°08'20" East 168.24 feet to
a point on said Westerly line; thence along said Westerly line the following 2 courses and
distances; South 35°26'45"N East 144.84 feet; thence South 52°48'55" East 145.60 feet; thence
departing said Westerly line South 53°35'20" East 274.60 feet to a point on said Westerly line;
thence departing said Westerly line South 01°31'33" West 75.03 feet to a point on said Westerly
line; thence departing said Westerly line South 30°O3'16" West 263.26 feet; thence South
06°03'15" East 282.44 feet; thence South 25°15'47" East 337.55 feet to a point on said Westerly
line; thence departing said Westerly line South 23°51'09" East 264.59 feet; thence South
29°30'41" East 174.35 feet to a point on the Easterly line of that certain parcel of land described in
deed, recorded in Book 1068 under Reception No. 02008615, records of said County; thence
along said Easterly line the following 6 courses and distances; South 37°11'26" East 96.99 feet;
thence South 52°03'11" East 69.68 feet; thence South 55°31'12" East 148.65 feet; thence South
16°11'37" East 138.93 feet; thence South 42°52'31" East 177.69 feet; thence South 25°O9'42"
East 155.19 feet; thence departing said Easterly line South 24°47'31" East 180.62 feet; thence
South 36°43'59" East 146.03 feet; thence South 25°08'23" West 111.15 feet; thence South
02°01'55" East 227.19 feet; thence South 20°03'39" East 193.90 feet; thence South 12°33'0"1
East 346.85 feet; thence South 10°22'6" West 264.13 feet; thence South 05°07'42" West 157.19
feet; thence South 32°32'33 West 220.12 feet; thence South 19°19'41" West 268.66 feet; thence
South 38°04'00" West 284.92 feet; thence South 79°43'0" West 714.61 feet; thence South
24°52'12" West 224.67 feet; thence South 07°13'57" East 37.52 feet to a point on the Northerly
line of said Section 15; thence along said Northerly line North 89°28'21" East 75.13 feet; thence
departing said Northerly line South 00°41'51" East 5263.69 feet to a point on the Southerly line of
said Section 15; thence along said Southerly line South 89°48'56" West 358.01 feet to the
Southeast Corner of said Section 16; said point also being the TRUE POINT OF BEGINNING;
Including 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.
The above described parcel contains 4120.472 acres more or less and is subject to the following
easements, agreements and rights-of-way.
A_4 991650
Deed recorded in Book 512, Page 551, (location of right-of-way cannot accurately be defined per
legal description), Deed recorded in Book 655, Page 293, Deed recorded in Book 655, Page 502,
Agreement recorded in Book 961, Page 223, Right-of-Way and Easement recorded in Book 1045
under Reception No. 01983413, (location of right-of-way and easement cannot accurately be
defined per legal description), Quit Claim Deed recorded in Book 1068 under Reception No.
02008614 (shown hereon), Quit Claim Deed recorded in Book 1068 under Reception No.
02008615 (shown hereon), Quit Claim Deed recorded in Book 1068 under Reception No.
02008616 (shown hereon), Canal Right-of-Way Agreement recorded in Book 1068 under
Reception No. 02008617, Quit Claim Deed recorded in Book 1068 under Reception No.
02008618, Quit Claim Deed recorded in Book 1068 under Reception No. 02008619 (shown
hereon), Quit Claim Deed recorded in Book 1068 under Reception No. 02008620 (shown hereon),
Agreement recorded in Book 1068 under Reception No. 02008621, Right-of-Way recorded in
Book 1068 under Reception No. 02008622 (shown hereon), Grazing and Recreational Lease
recorded in Book 1068 under Reception No. 02008623, Amendment to Grazing and Recreational
Lease recorded in Book 1068 under Reception No. 02008624, Quit Claim Deed recorded in Book
1068 under Reception No. 02008625 (20 foot access easement subject to grazing lease), Right-
of-Way easement and Licenses recorded in Book 1068 under Reception No. 02008626, Quit
Claim Deed recorded in Book 1068 under Reception No. 02008627 (reconfirms rights previously
granted in Book 1045 under Reception No. 10983413), Quit Claim Deed recorded in Book 1068
under Reception No. 02008628 (20 foot permanent access easement), Quit Claim Deed recorded
in Book 1076 under Reception No. 02017072 (affects parcels recorded in Book 1068 under
Reception No. 02008628, Reception No. 02008620, Reception No. 02008616 and Reception No.
02008627), Quit Claim Deed recorded in Book 1111 under Reception No. 02052204, Quit Claim
Deed recorded in Book 1112 under Reception No. 02053446, (Amends Legal in Quit Claim Deed
recorded in Book 1068 under Reception No. 02008619), Agreement recorded in Book 1117 under
Reception No. 02058723, Grazing and Recreational Lease recorded in Book 1148 under
Reception No. 02090926, Order Approving Settlement Agreement recorded in Book 1201 under
Reception No. 02147157, Supplemental Declaration recorded in Book 1224 under Reception No.
02170703, (Relocates easement granted in Book 1068 under Reception No. 02008628),
Amendment to Grant of Easement Recorded in Book 1268 under Reception No. 02218734,
(restates and amends right-of-way and easement recorded in Book 1045 under Reception No.
01983413 and Book 1068 under Reception No. 02008627), Oil and Gas Lease recorded in Book
1327 under Reception No. 02280130 and all other easements, agreements and rights-of-way of
record.
991650
A-5
EXHIBIT A
:FIGURE 4 - LEGAL DESCRIPTION OF DISTRICT No. 2]
District 2— Legal Description
Legal Description of a parcel of land being located in Sections 3, 4, 5, 8, 9, 10, 15, 16 and 17, Township 3
North, Range 65 West of the 6th Principal Meridian, 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 as bearing South 89°27'00" West and with all bearings contained herein relative
thereto; thence along said South line South 89°27'00" West 5138.65 feet to the Southeast Corner
of said Section 17; thence along the South line of said Section 17 South 89°32'56" West 5327.95
feet to the Southwest Corner of said Section 17; thence along the West line of said Section 17
North 00°29'53" West 5259.39 feet to the Northwest Corner of said Section 17; thence along the
West line of said Section 8 North 00°09'44" West 5291.77 feet to the Northwest Corner of said
Section 8; thence along the West line of the Southwest Quarter of said Section 5 North 00°25'29"
West 2654.03 feet to the West Quarter Corner of said Section 5; thence along the West line of the
Northwest Quarter of said Section 5 North 00°24'36" West 1327.22 feet to the Southwest Corner
of the North half of the Northwest Quarter of said Section 5; thence along the South line of the
North half of the Northwest Quarter of said Section 5 North 89°44'12" East 2631.31 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 North 89°44'12"
East 1331.58 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 North 00°39'07" West 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 the Northeast
Quarter of said Section 5 North 89°39'32" East 1333.17 feet to the Northeast Corner of said
Section 5; thence along the North line of the Northwest Quarter of said Section 4 North 89°45'34"
East 2638.09 feet to the North Quarter Corner of said Section 4; thence along the North line of the
Northeast Quarter of said Section 4 North 89°24'21" East 805.01 feet; thence departing said North
line South 40°04'03" East 9.61 feet to the centerline of the Platte Valley Canal as recorded in Book
1068 under Reception No. 02008616, records of said County; thence along said centerline the
following 25 courses and distances; South 10°09'07" West 45.49 feet; thence South 27°01'47"
West 281.98 feet; thence South 35°02'43" West 129.95 feet; thence South 46°24'26" West 113.95
feet; thence South 67°56'02" West 114.41 feet to the beginning of a tangent curve concave to the
Southeast having a central angle of 43°14'52" and a radius of 210.00 feet; thence Southwesterly
991650
A(4)-1
along the arc of said curve 158.51 feet to the end of said curve; thence tangent from said end of
curve Sou'':h 24°41'10" West 39.72 feet to the beginning of a tangent curve concave to the East
having a central angle of 68°10'08" and a radius of 217.23 feet; thence Southeasterly along the
arc of said curve 258.45 feet to the end of said curve; thence tangent from said end of curve
South 43°28'58" East 159.97 feet to the beginning of a tangent curve concave to the Southwest
having a central angle of 48°38'11" and a radius of 81.88 feet; thence Southerly along the arc of
said curve 69.51 feet to the end of said curve; thence tangent from said end of curve South
05°09'12" 'Nest 19.20 feet to the beginning of a tangent curve concave to the Northwest having a
central angle of 25°54'10" and a radius of 260.90 feet; thence Southwesterly along the arc of said
curve 117.95 feet to the end of said curve; thence tangent from said end of curve South 31°03'22"
West 130.58 feet; thence South 09°40'40" West 95.26 feet; thence South 03°11'43" East 116.07
feet to the beginning of a tangent curve concave to the Northeast having a central angle of
36°30'36" and a radius of 180.24 feet; thence Southeasterly along the arc of said curve 114.85
feet to the end of said curve; thence tangent from said end of curve South 39°42'19" East 116.57
feet to the beginning of a tangent curve concave to the Northeast having a central angle of
45°22'3"and a radius of 4.82 feet; thence Southeasterly along the arc of said curve 90.93 feet to
the end of said curve; thence tangent from said end of curve South 85°04'50" East 170.71 feet to
the beginning of a tangent curve concave to the Southwest having a central angle of 68°29'30"
and a radius of 126.33 feet; thence Southeasterly along the arc of said curve 151.02 feet to the
end of said curve; thence tangent from said end of curve South 16°35'20" East 120.95 feet to the
beginning of a tangent curve concave to the West having a central angle of 25°35'07" and a radius
of 440.41 feet; thence Southerly along the arc of said curve 196.66 feet to the end of said curve;
thence tangent from said end of curve South 08°59'48" West 101.24 feet to the beginning of a
tangent curve concave to the Northeast having a central angle of 59°32'10" and a radius of 242.34
feet; thence Southeasterly along the arc of said curve 251.82 feet to the end of said curve; thence
tangent from said end of curve South 50°32'22" East 97.62 feet; thence departing said centerline
North 89°31'39" East 2111.73 feet; thence North 17°52'53" West 380.92 feet; thence North
89°31'39" East 337.87 feet; thence North 00°28'21" West 150.00 feet; thence North 89°31'39"
East 1867.95 feet; thence South 00°14'30" West 680.87 feet; thence South 88°49'23" East 78.63
feet; thence South 12°49'39" East 29.72 feet; thence South 77°10'18" West 30.00 feet; thence
South 12°49'43" East 30.00 feet; thence North 77°10'18" East 30.00 feet; thence South 12°49'56"
East 14.14 feet; thence South 19°27'45" East 607.82 feet; thence South 43°51'20" East 959.22
feet; thence South 11°54'57" East 159.45 feet; thence South 60°05'14" East 1098.46 feet; thence
South 22`08'46" East 2187.26 feet; thence South 17°45'43" West 814.40 feet to a point on the
Northerly line of that certain parcel of land described in deed as Parcel A, recorded in Book 1068
under Reception No. 02008614, records of said County; thence along said Northerly line the
following :5 courses and distances; South 38°0426"West 66.71 feet; thence South 70°24'28" West
210.50 feet; thence North 65°42'40" West 1366.02 feet; thence North 44°50'58" West 1116.45
A(4)-2 991650
feet; thence South 71°22'10" West 137.84 feet; thence departing said Northerly line South
71°22'10" West 539.96 feet; thence South 43°28'15" East 318.43 feet; thence South 16°14'00"
East 175.0(1 feet; thence South 00°40'00" East 380.00 feet; thence South 27°02'02" West 73.00
feet; thence North 65°16'00" West 155.00 feet; thence North 56°09'00" West 462.00 feet; thence
North 68°59'00" West 256.00 feet; thence South 31°13'00" West 248.00 feet; thence South
80°26'00" West 196.00 feet; thence North 65°07'00" West 214.52 feet to a point on the Easterly
line of that certain parcel of land described in deed as Exhibit A recorded in Book 1068 under
Reception No. 02008614, records of said County; thence along said Easterly line the following 13
courses and distances; North 29°11'51" West 43.34 feet; thence North 35°35'04" West 285.27
feet; thence North 69°49'46" West 52.20 feet; thence North 34°41'43" West 94.87 feet; thence
North 40°48'08" East 154.56 feet; thence North 72°48'51" East 101.53 feet; thence North
31°54'29" East 62.43 feet; thence North 17°31'32" East 59.77 feet; thence North 20°04'7" West
110.72 feet; thence North 07°06'02" West 291.23 feet; thence North 11°50'01" West 107.28 feet;
thence North 33°54'04" West 150.60 feet; thence North 07°02'17" West 163.23 feet to a point on
the Easterly line of that certain parcel of land described in deed as Exhibit B recorded in Book
1068 under Reception No. 02008614, records of said County; thence along said Easterly line
North 36°47'35" East 143.90 feet; thence departing said Easterly line North 57°06'34"West 166.61
feet; thence North 75°57'04" West 582.06 feet; thence North 88°5024"West 134.11 feet to a point
on said Easterly line; thence departing said Easterly line North 27°27'03" West 226.36 feet; thence
North 39°26'25" West 223.17 feet to a point on said Easterly line; thence departing said Easterly
line North 09°54'20" West 362.45 feet; thence North 17°02'45" West 167.22 feet to a point on said
Easterly line; thence departing said Easterly line North 28°46'38" West 241.99 feet; thence North
42°33'43" West 106.54 feet to a point on said Easterly line; thence along said Easterly and
Northerly lines of said Exhibit B the following 8 courses and distances; North 61°52'04" West
76.22 feet; thence North 89°17'02" East 139.17 feet; thence North 03°45'51" West 390.32 feet;
thence North 70°52'01" West 116.11 feet; thence North 72°17'16" West 122.30 feet; thence North
55°39'25" West 181.68 feet; thence North 31°18'35" West 1063.87 feet; thence South 58°31'52"
West 57.39 feet; thence departing said Northerly line South 31°28'08" East 522.19 feet; thence
South 10°25'09" East 99.33 feet; thence South 33°45'06" East 157.31 feet; thence South
51°32'58" West 95.52 feet to a point on the Westerly line of that certain parcel of land described in
deed as Exhibit A recorded in Book 1068 under Reception No. 02008614 records of said County;
thence along said Westerly line the following 3 courses and distances; South 00°23'32" East
177.92 feet; thence South 10°18'17" East 78.26 feet; thence South 30°46'13" East 152.46 feet;
thence departing said Westerly line South 47°56'08" East 265.05 feet; thence South 37°58'18"
West 164.42 feet; thence South 06°08'48" West 239.20 feet to a point on said Westerly line;
thence departing said Westerly line South 33°32'10" East 129.62 feet; thence South 74°20'47"
East 218.49 feet to a point on said Westerly line; thence departing said Westerly line South
21°05'52" East 136.12 feet to a point on said Westerly line; thence departing said Westerly line
A(4)-3 99%650
South 05°34'43" East 216.02 feet to a point on said Westerly line; thence along said Westerly line
South 40°38'56" East 130.48 feet; thence departing said Westerly line South 06°37'15" West
112.76 feet to a point on said Westerly line; thence along said Westerly line the following 3
courses and distances; South 13°34'14" East 59.67 feet; thence South 35°26'24" East 136.24 feet;
thence South 49°59'37" East 73.11 feet; thence departing said Westerly line South 72°03'02" East
149.26 to a point on said Westerly line; thence departing said Westerly line South 28°24'46" East
133.76 feet; thence South 40°21'52" East 122.55 feet; thence South 31°08'20" East 168.24 feet to
a point or said Westerly line; thence along said Westerly line the following 2 courses and
distances; South 35°26'45"N East 144.84 feet; thence South 52°48'55' East 145.60 feet; thence
departing said Westerly line South 53°35'20" East 274.60 feet to a point on said Westerly line;
thence departing said Westerly line South 01°31'33" West 75.03 feet to a point on said Westerly
line; thence departing said Westerly line South 30°O3'16" West 263.26 feet; thence South
06°03'15" East 282.44 feet; thence South 25°15'47" East 337.55 feet to a point on said Westerly
line; thence departing said Westerly line South 23°51'09" East 264.59 feet; thence South
29°30'41" East 174.35 feet to a point on the Easterly line of that certain parcel of land described in
deed, recorded in Book 1068 under Reception No. 02008615, records of said County; thence
along said Easterly line the following 6 courses and distances; South 37°11'26" East 96.99 feet;
thence South 52°03'11" East 69.68 feet; thence South 55°31'12" East 148.65 feet; thence South
16°11'37" East 138.93 feet; thence South 42°52'31" East 177.69 feet; thence South 25°O9'42"
East 155.19 feet; thence departing said Easterly line South 24°47'31" East 180.62 feet; thence
South 36°43'59" East 146.03 feet; thence South 25°08'23" West 111.15 feet; thence South
02°01'55" East 227.19 feet; thence South 20°03'39" East 193.90 feet; thence South 12°33'0"1
East 346.65 feet; thence South 10°22'6" West 264.13 feet; thence South 05°07'42" West 157.19
feet; thence South 32°32'33 West 220.12 feet; thence South 19°19'41" West 268.66 feet; thence
South 38°04'00" West 284.92 feet; thence South 79°43'0" West 714.61 feet; thence South
24°52'12" West 224.67 feet; thence South 07°13'57" East 37.52 feet to a point on the Northerly
line of said Section 15; thence along said Northerly line North 89°28'21" East 75.13 feet; thence
departing said Northerly line South 00°41'51" East 5263.69 feet to a point on the Southerly line of
said Section 15; thence along said Southerly line South 89°48'56" West 358.01 feet to the
Southeast Corner of said Section 16; said point also being the TRUE POINT OF BEGINNING;
Including chat 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, except whereas listed in the District 2 Exceptions.
The above described parcel contains 4120.472 acres more or less and is subject to the following
easements, agreements and rights-of-way.
A(4)-4 99165°
Deed recorded in Book 512, Page 551, (location of right-of-way cannot accurately be defined per
legal description), Deed recorded in Book 655, Page 293, Deed recorded in Book 655, Page 502,
Agreement recorded in Book 961, Page 223, Right-of-Way and Easement recorded in Book 1045
under Reception No. 01983413, (location of right-of-way and easement cannot accurately be
defined per legal description), Quit Claim Deed recorded in Book 1068 under Reception No.
02008614 (shown hereon), Quit Claim Deed recorded in Book 1068 under Reception No.
02008615 (shown hereon), Quit Claim Deed recorded in Book 1068 under Reception No.
02008616 (shown hereon), Canal Right-of-Way Agreement recorded in Book 1068 under
Reception No. 02008617, Quit Claim Deed recorded in Book 1068 under Reception No.
02008618, Quit Claim Deed recorded in Book 1068 under Reception No. 02008619 (shown
hereon), Quit Claim Deed recorded in Book 1068 under Reception No. 02008620 (shown hereon),
Agreement recorded in Book 1068 under Reception No. 02008621, Right-of-Way recorded in
Book 1068 under Reception No. 02008622 (shown hereon), Grazing and Recreational Lease
recorded it Book 1068 under Reception No. 02008623, Amendment to Grazing and Recreational
Lease recorded in Book 1068 under Reception No. 02008624, Quit Claim Deed recorded in Book
1068 under Reception No. 02008625 (20 foot access easement subject to grazing lease), Right-
of-Way easement and Licenses recorded in Book 1068 under Reception No. 02008626, Quit
Claim Deed recorded in Book 1068 under Reception No. 02008627 (reconfirms rights previously
granted in Book 1045 under Reception No. 10983413), Quit Claim Deed recorded in Book 1068
under Reception No. 02008628 (20 foot permanent access easement), Quit Claim Deed recorded
in Book 1076 under Reception No. 02017072 (affects parcels recorded in Book 1068 under
Reception No. 02008628, Reception No. 02008620, Reception No. 02008616 and Reception No.
02008627), Quit Claim Deed recorded in Book 1111 under Reception No. 02052204, Quit Claim
Deed recorded in Book 1112 under Reception No. 02053446, (Amends Legal in Quit Claim Deed
recorded in Book 1068 under Reception No. 02008619), Agreement recorded in Book 1117 under
Reception No. 02058723, Grazing and Recreational Lease recorded in Book 1148 under
Reception No. 02090926, Order Approving Settlement Agreement recorded in Book 1201 under
Reception No. 02147157, Supplemental Declaration recorded in Book 1224 under Reception No.
02170703, (Relocates easement granted in Book 1068 under Reception No. 02008628),
Amendment to Grant of Easement Recorded in Book 1268 under Reception No. 02218734,
(restates and amends right-of-way and easement recorded in Book 1045 under Reception No.
01983413 and Book 1068 under Reception No. 02008627), Oil and Gas Lease recorded in Book
1327 under Reception No. 02280130 and all other easements, agreements and rights-of-way of
record.
A(4)-5991650
District 2 Exceptions
Exception A:
Replat of First Filing, Beebe Draw Farms and Equestrian Center, Phase 1, which includes Lots
54-56 (inclusive), 63-67(inclusive), 85-90(inclusive), 92-94(inclusive), 114,115, 119-126
(inclusive), and 139-143 (inclusive). Cumulative area contains 91.759 acres, more or less.
Exception B:
All of Section 16, Township 3 North, Range 65 West of the 6'" Principal Meridian, Weld County,
Colorado. Described Section contains 620.687 acres, more or less.
District 2 parcel as described and excepted contains 3,407.846 acres, more or less.
991650
A(4)-6
EXHIBIT A
[FIGURE S - `✓ICINITY MAP]
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991650
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