HomeMy WebLinkAbout992058.tiff EXHIBIT B
[TABLE 1]
Summary of Capital Expenses
CBT Water 4,072,600
Water System - Off Site 370,148
Water System - On Site 3,570,981
Roadway Paving 5,500,619
Roadway Earthwork 2,963,446
Culverts 449,828
Landscaping 807,516
Signage 211,248
Entrance & Administration Buildings 373,970
Clubhouse, Swimming, Tennis 454,199
Marina, Beach, Lake Christina 568,756
Engineering/Supervision 577,591
Cont ngency 675,182
Total Capital Expenses 20,596,084
992058
EXHIBIT B
[TABLE 2 - PRELIMINARY ENGINEERING SURVEY]
BEEBE DRAW FARMS
FILING NO. 1
PHASE I
32 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 16,337 LF $30.11 $491,907
Earthwork 86,661 CY $2.43 $210,587
Culverts 706 LF $36.00 $25,416
Water System (Per Lot) 32 EA $8,014 $256,435
Off-site Water System 1 LS $259,000 $259,000
Signage (Per Lot) 1 LS $16,400 $16,400
Landscaping (Per Lot) 1 LS $58,364 $58,364
SUBTOTAL $1,318,109
+10% CONTINGENCY $ 131,811
TOTAL $1,449,920
B_1 992058
BEEBE DRAW FARMS
FILING NO. 1
PHASE 2
51 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 9,944 LF $30.11 $299,417
Earthwork 49,771 CY $2.43 $120,943
Culverts 588 LF $36.00 $21,161
Water System (Per Lot) 51 EA $3,936 $200,736
Signage 1 LS $11,504 $11,504
Landscaping 1 LS $14,000 $14,000
SUBTOTAL $ 667,761
+10% CONTINGENCY $ 66,776
TOTAL $ 734,537
992058
B-2
BEEBE DRAW FARMS
FILING NO. 1
PHASE 3
28 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 6,646 LF $30.11 $200,111
Earthwork 31,961 CY $2.43 $77,010
Culverts 221 LF $36.00 $7,921
Water System (Per Lot) 28 EA $3,936 $110,208
Signage 1 LS $5,735 $5,735
Landscaping 1 LS $8,000 $8,000
SUBTOTAL $ 441,888
+10% CONTI'S GENCY $ 44,189
TOTAL $ 486,077
992058
B-3
BEEBE DRAW FARMS
FILING NO. 1
PHASE 4
45 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 7,810 LF $30.11 $235,172
Earthwork 26,743 CY $2.43 $64,985
Culverts 382 LF $36.00 $13,744
Water System (Per Lot) 45 EA $3,936 $177,120
Signage 1 LS $7,012 $7,012
Landscaping 1 LS $12,000 $12,000
SUBTOTAL $ 510,033
+10% CONTINGENCY $ 51,003
TOTAL $ 561,036
992058
B-4
BEEBE DRAW FARMS
FILING NO. 1
PHASE 5
32 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 6,963 LF $30.11 $209,652
Earthwork 24,120 CY $2.43 $58,612
Culverts 844 LF $36.00 $30,369
Water System (Per Lot) 32 EA $3,936 $125,952
Signage (Per Lot) 1 LS $6,332 $6,332 .
Landscaping (Pc r Lot) 1 LS $6,000 $6,000
SUBTOTAL $ 436,917
+10% CONTINGENCY $ 43,692
TOTAL $ 480,609
992058
B-5
BEEBE DRAW FARMS
FILING NO. 2
PHASE I
81 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 17,622 LF $30.11 $530,642
Earthwork 122,208 CY $2.43 $297,332
Culverts 1,186 LF $36.00 $42,696
Water System (Per Lot) 81 EA $4,100 $332,100
Signage (Per Lot) 81 EA $250.00 $20,250
Landscaping (Per Lot) 81 EA $750.00 $60,750
SUBTOTAL $1,394,918
+10% CONTINGENCY $ 139,492
TOTAL $1,534,410
992058
B-6
BEEBE DRAW FARMS
FILING NO. 2
PHASE 2
36 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 7,843 LF $30.11 $236,172
Earthwork 55,397 CY $2.43 $134,781
Culverts 652 LF $36.00 $23,472
Water System (Per Lot) 36 EA $4,100 $147,600
Signage (Per Lot) 36 EA $250.00 $9,000
Landscaping (Per Lot) 36 EA $750.00 $27,000
SUBTOTAL $ 578,295
+10% CONTINGENCY $ 57,830
TOTAL $ 636,125
992058
B-7
BEEBE DRAW FARMS
FILING NO. 2
PHASE 3
73 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 15,997 LF $30.11 $481,709
Earthwork 109,169 CY $2.43 $265,608
Culverts 1,134 LF $36.00 $40,824
Water System (Per Lot) 81 EA $4,100 $299,300
Signage (Per Lot) 81 EA $250.00 $18,250
Landscaping (Per Lot) 81 EA $750.00 $54,750
SUBTOTAL $11,160,441
+10% CONTINGENCY $ 116,044
TOTAL $'.1,276,485
992058
B-8
BEEBE DRAW FARMS
FILING NO. 2
PHASE 4
105 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 21,533 LF $30.11 $648,412
Earthwork 149,349 CY $2.43 $363,366
Culverts 1,392 LF $36.00 $50,112
Water System (Per Lot) 105 EA $4,100 $430,500
Signage (Per Lot) 105 EA $250.00 $26,250
Landscaping (Per Lot) 105 EA $750.00 $78,750
SUBTOTAL $1,597,390
+10% CONTINGENCY 5 159,739
TOTAL $1,757,129
992058
B-9
BEEBE DRAW FARMS
FILING NO. 2
PHASE 5
38 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 9,372 LF $30.11 $282,214
Earthwork 58,806 CY $2.43 $143,075
Culverts 806 LF $36.00 $29,016
Water System (Per Lot) 38 EA $4,100 $155,800
Signage (Per Lot; 38 EA $250.00 $9,500
Landscaping (Per Lot) 38 EA $750.00 $28,500
SUBTOTAL S 648,087
+10% CONTINGENCY $ 64,809
TOTAL S 712,896
992059
B-10
BEEBE DRAW FARMS
FILING NO. 2
PHASE 6
77 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 14,080 LF $30.11 $423,983
Earthwork 82,750 CY $2.43 $201,331
Culverts 760 LF $36.00 $27,360
Water System (Per Lot) 77 EA $4,100 $315,700
Signage (Per Lot) 77 EA $250.00 $19,250
Landscaping (Per Lot) 77 EA $750.00 $57,750
SUBTOTAL $1,045,374
+10% CONTINGENCY $ 104,537
TOTAL $1,149,911
992058
B-11
BEEBE DRAW FARMS
FILING NO. 2
PHASE 7
126 Lots
Description Quantity Units Unit Cost Cost
Roadway Paving 23,912 LF $30.11 $720,049
Earthwork 160,481 CY $2.43 $390,450
Culverts 1,518 LF $36.00 $54,648
Water System (Per Lot) 126 EA $4,100 $516,600
Signage (Per Lot) 126 EA $250.00 $31,500
Landscaping (Per Lot) 126 EA $750.00 $94,500
SUBTOTAL $11,807,747
+10% CONTINGENCY $ 180,775
TOTAL $1,988,522
992058
B-12
EXHIBIT C
[TABLE _]
Build-out Schedule
Year Number of
Units
1999 81
2000 28
2001 62
2002 90
2003 100
2004 100
200.5 100 •
2006 100
2007 63
724
992058
EXHIBIT C
[TABLE 2]
ASSESSED VALUATION
Year Aggregate Units Assessed Valuation Mill Levy Total Taxes
1998 0 6,449,480 40 257,979
1999 0 6,755,200 40 270,208
2000 0 5,294,884 40 211 ,795
2001 54 6,131,672 40 245,267
2002 99 6,839,643 40 273,586
2003 164 8,056,316 40 322,253
2004 244 9,692,095 40 387,684
2005 344 11,833,796 40 473,352
2006 444 13,976,637 40 559,065
2007 544 16,159,455 40 646,378
2008 644 18,357,450 40 734,298
2009 724 20,044,125 40 801,765
2010 724 19,847,525 40 793,901
2011 724 19,649,425 40 785,977
2012 724 19,478,600 40 779,144
2013 724 19,274,650 40 770,986
2014 724 18,140,900 40 725,636
2015 724 17,629,400 40 705,176
2016 724 17,629,400 40 705,176
2017 724 17,629,400 40 705,176
2018 724 17,629,400 40 705,176
992058
EXHIBIT D
[WATER SERVICE AGREEMENT]
992058
AGREEMENT FOR WATER SERVICE
This Agreement for Water Service ( "Agreement" ) is made and
entered into as of this 27th day of June, 1995, by and between
CENTRAL WELD COUNTY WATER DISTRICT ( "Water District" ) , BEEBE DRAW
FARMS METRCPOLITAN DISTRICT ( "Metro District" ) , each of such
Districts being Colorado special districts located in Weld County,
and REI LIMITED LIABILITY COMPANY ( "Company" ) , a Wyoming limited
liability company doing business in Colorado as Investors Limited
Liability Company.
WHEREAS, Water District is organized as a special district
pursuant to Section 32-1-101, et seq. , C.R. S . , to furnish treated
water within its jurisdictional boundaries; and
WHEREAS, Water District purchases water from the Carter Lake
Filter Plant , a Colorado municipal corporation, which acquires raw
water from the Northern Colorado Water Conservancy District
( "Northern District" ) and its Municipal Subdistrict ( "Northern
Subdistrict ' ) in accordance with certain agreements between such
entities; and
WHEREAS, Metro District is organized as a special district
pursuant to Section 32-1-101, et seq. , C.R. S . , to furnish treated
water, recreation, roads, and related services within its
jurisdictio:zal boundaries ; and
WHEREAS, Company is the owner of certain real property, as is
more specifically described in Exhibit A attached hereto and
incorporated herein, zoned and platted as an 800-unit residential
development commonly referred to as Beebe Draw Farms and Equestrian
Center ( "Property" ) , and desires to receive treated water service
for the Property from the Water District or Metro District ; and
WHEREAS, the Property comprises all of the territory within
the Metro District , is not currently within the jurisdictional
boundaries of the Water District, but was included into the
jurisdictional boundaries of the Northern Subdistrict on March 27 ,
1986 ; a petition for inclusion of the Property into the Northern
992058
District itself is pending final approval by the Secretary of the
United States Department of Interior or his delegate; and
WHEREAS, Water District , Metro District and Company have
determined that the Property can be most efficiently and
effectively furnished treated water service by the Water District
exclusively utilizing raw water supplied by the Northern District
or Northern Subdistrict in accordance with the terms and conditions
of service set forth in this intergovernmental contract, which also
provides in part for the joint exercise of statutory powers by each
District pursuant to Section 29-1-203 , C.R. S . , with the full
consent and approval of the Company,
THEREFORE, in consideration of the mutual covenants ,
agreements, and promises hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
follows :
1 . The Water District shall exclusively furnish treated
water service to the Property in accordance with Water District
rules and regulations and line extension policies as now adopted or
as hereafter may be adopted by the Water District for all its
customers , except as otherwise specifically provided herein . All
such rules, regulations, and rates, fees, and charges of the Water
District relating to water service to the Property shall be applied
uniformly among similar users within the jurisdictional boundaries
of the Water District, including the Property, except as otherwise
specifically provided herein. The Water District may, however,
establish different rates and other criteria for service within
areas of the Water District as provided by statute . The Metro
District will not provide treated water service to the Property.
2 . The Metro District or Company shall pay for and provide
all water mains and related facilities either within or without the
boundaries of the Metro District in order to furnish water service
to the Property. The Water District must give its prior written
992058
2
approval to all construction by the Metro District or Company, or
its contractors, upon terms approved by the Water District .
A. The Water District must approve such construction by the
Metro District or Company, or its contractors, by
subsequent written agreement providing for the terms of
such installation, including requirements that the
materials used shall meet all standards of the Water
District and that provides for inspection by the Water
District of the construction of such water mains and
facilities . The cost of all construction shall be paid
by the Metro District or Company to the Water District or
to the contractors, as the case may be .
P. . If construction is performed by the Water District or its
contractors, a deposit in the amount hereafter specified
shall be paid by the Metro District or Company to the
Water District as an advance towards the construction
cost of such installation. After completion of such
construction and acceptance by the Water District , a
final adjustment of costs will be made, if necessary. In
the event that it is determined that the deposit is
insufficient to cover the estimated cost of construction,
then the Metro District or Company shall pay to Water
District, on demand, additional advances towards the cost
of construction.
C . The Metro District shall pay a nonrefundable contribution
in aid of construction for all offsite transmission and
water storage facilities used to furnish water service to
the Property in the amount of $300 , 000 . No other capital
contributions shall be required, except for the actual
cost of water mains and appurtenant facilities specified
herein. Such contribution in aid of construction shall
be paid (i) at such time as the Water District or Metro
District has acquired and transferred the raw water
supply from the Northern District or Northern Subdistrict
3 992°58
tc the Water District as hereinafter provided, cr (ii) on
July 1, 1997, whichever event occurs first . In the event
such contribution in aid of construction is not paid for
ar.y reason, then this Agreement shall terminate and be of
no further force or effect, unless the Water District
extends such payment date by written notice .
D. If the installation is constructed by the Metro District
or Company, or its contractors, the Metro District or
Company shall transfer all right, title, and interest in
ar.d to such facilities installed as well as necessary
easements and appurtenances and related property rights
to the Water District by good and sufficient assignment
or bill of sale with warranties of title and by general
warranty deed. Such transfer shall be made free and
clear of all liens and encumbrances . The Metro District
or Company shall furnish sufficient evidence of title
with a "Form 100" endorsement to a standard ALTA title
policy, if required by the Water District . The Metro
District or Company shall furnish appropriate lien
releases or a good and sufficient bond in form acceptable
to the Water District in order to insure that all
construction costs have been paid in full . All labor and
materials shall be warranted for defects of any kind by
the Metro District or Company, or its contractors , for
two years from the date of written acceptance of such
facilities by the Water District . The Water District ,
upon receipt of the documents of transfer and evidence of
title, shall consider whether to accept or reject the
installation. If the Metro District or Company has
complied with the applicable provisions of this Agreement
and all other conditions precedent to the acceptance of
such facilities, the Water District shall approve and
accept the transfer and shall thereafter assume all
operation, maintenance, repair and replacement of such
facilities . In no event shall the Water District assume
any ownership, operation, or maintenance of any
4 992058
installation on the service side of a customer' s meter
installation.
E . The design and fire flow of the water facilities
installed to serve the Property shall be subject to
review and comment by the fire protection authority with
jurisdiction over the Property prior to installation of
such facilities .
3 . The Water District will sell water taps in accordance
with the terms of this Agreement and Water District rules and
regulations for improvements constructed on the Property within the
Metro District upon a customer' s application for service and
payment of all fees and charges set forth in Water District rules
and regulations, subject to the general availability of such water
taps and the reasonable responsibility of the Water District to
furnish treated water service to the Property recognizing that
temporary interruptions of water service may occur. If the Water
District cannot furnish an adequate raw water supply for the
development of the Property, the Metro District or Company shall
acquire adequate raw water supplies for each phase of development
of the Property from the Northern District or Northern Subdistrict
in accordance with their established policies or from other sources
acceptable to the Water District and transfer such water supplies
to the Water District for service to the Property in accordance
with Water District rules and regulations; provided that , the Metro
District may reuse all water acquired and transferred from the
Northern Subdistrict to the Water District for irrigation. of Metro
District recreational facilities or other District purposes,
subject to all applicable reuse regulations of the Northern
Subdistrict . In order to provide raw water supplies for the
Property as herein provided, the Metro District or Company agree to
transfer the units of Northern District or Northern Subdistrict
water rights so acquired to the Water District for such purpose .
The total value of such units shall be applied as a credit against
the raw water fee of the Water District at the time of issuance of
each such tap; the customer shall pay only the capital improvement
5 992058
fee component of the Water District tap fee and other standard
charges due at the time of the tap installation. The Water
District will be obligated to serve no more than 800 residential
equivalent units on the Property for which an adequate supply has
been furnished by the Metro District or Company in accordance with
all terms set forth herein. In addition to the rates, fees and
charges of :he Water District, the Metro District may impose fees
and charges to customers within the Metro District for water and
facilities furnished by the Metro District, and such fees and
charges shall be collected by the Water District from such
customers at the time of issuance of water taps and remitted to the
Metro District .
4 . Customers within the Water District and Metro District
shall commence payment of the uniform rates of the Water District ,
including minimum fees, on the date of setting of the water meter
and the availability of water for use at the tap .
5 . The terms of this Agreement shall apply only to the
Property, and the water taps provided in accordance herewith may be
used only upon the Property which must be located within the
jurisdictional boundaries of the Metro District and Water District .
The parties hereto agree that this Agreement shall be an
intergovernmental service contract subjecting the Property to all
terms, provisions, and limitations set forth herein, which
Agreement may be recorded establishing covenants running against
the Property itself .
6 . The Company shall provide the Water District with an
accurate copy of the final plat of the Property to be served by the
Water Dist::ict . If the plat must be approved by the County
Commissioners, then a copy of the final plat recorded with the
County Clerk must be provided to the Water District .
7 . The Company hereby grants to the Water District and Metro
District tie right to enter upon the Property and all roads,
rights-of-way, and utility easements described on the final plat of
6 992058
the Property to construct , operate and maintain the facilities
herein described, together with the right of ingress and egress and
the right to cut and trim trees and shrubbery to the extent
necessary. The Company shall convey to the Water District all
easements reasonably required by the Water District for facilities
which are not located in dedicated roads, rights-of-way, or utility
easements, on the District' s form of easement, and the Water
District shall not be responsible for any delay in providing
service to the Property in the event of failure to provide such
easements . This provision of the Agreement shall be specifically
enforceable by the Water District .
8 . The water facilities herein described are required by
dates to be subsequently specified by the Metro District and
Company. ::n the event the Water District installs any such
facility, the Water District shall use reasonable diligence in
completing such facility by the specified date . If such facilities
cannot be installed because of act of God, governmental authority,
action of th=_ elements, accident, strikes, labor trouble, inability
to secure materials or equipment , or any cause beyond the
reasonable control of the Water District, the Water District shall
not be liable therefor or for damages caused thereby.
9 . In the event that the Water District installs such
facilities, the Water District shall install the facilities
described herein in accordance with good engineering and
construction practices after the Company has established platted
property lines and the Metro District has excavated streets,
rights-of-way, and easements to final grade and prior to the paving
of streets and construction of curbs and gutters, if applicable .
The Metro District or Company, as applicable, shall reimburse the
Water District for any expense due to subsequent changes made by
the Metro District or Company.
10 . Water service shall be provided to individual customers
on the Property located within the Metro District at the applicable
rates adopted from time to time by the Water District for all
992058
customers within the jurisdictional boundaries of the Water
District in accordance with Water District rules and regulations as
now established or as may hereafter be established . On or before
the date that payment is made as required in Paragraph 2 . C . of this
Agreement , :he Company agrees to petition to the Water District to
include the Property into the Water District and to pay all costs
associated with the inclusion process and to do all other necessary
acts to include the Property within the Water District . If the
Metro District and Water District determine that it is necessary
and desirable to acquire Colorado-Big Thompson water units ( "CBT
Water" ) from the Northern District to serve the Property, the
Company also agrees to petition to the Northern District to include
the Property into the Northern District and to pay all costs
associated with the inclusion process and to do all other necessary
acts to include the Property into the Northern District . No water
service shall be provided except to the Property included within
the boundaries of the Metro District, Water District , Northern
Subdistrict , and if CBT water is to be utilized thereon, Northern
District . All parties agree that no other person or property shall
be permitted to receive such water service which is to be furnished
only to the Property in accordance with terms and provisions of
this Agreement .
11 . The Water District agrees to allow installation of 800
residential equivalent water taps (with no more than 100 tap
installations per year, unless specifically approved by the Water
District) within the Property which shall be located within the
Water District and Metro District, subject to all terms and
provisions of this Agreement . All water taps greater than five-
eighths inches shall be approved by the Water District . No water
taps will be served by the Water District until all applicable
terms and conditions of this Agreement have been complied with by
the Metro District and Company, including the transfer of the
above-described water rights . The Water District acknowledges and
agrees that: the Property will be developed in various phases and
that all such water supplies, mains and related facilities
specified in this Agreement shall be acquired, provided, and
8 992058
transferred to the Water District incrementally according to each
developmental phase as approved by the Water District , which
approval shall not be unreasonably withheld. The water taps
furnished hereunder may be used only on the Property which is
located within the Metro District , unless otherwise expressly
approved in writing by the parties hereto. Any transfer of water
taps to other property shall be made in accordance with the terms
of a supplemental written agreement and the requirements of the
Water District and its rules and regulations . Any right to receive
a water tap option or water rights credit under this Agreement ,
whether upon, the Property or at any other place, shall expire and
become null and void twenty years after the date of this Agreement;
provided that , after such date the Metro District shall have a
perfected right to obtain a water tap from the Water District for
use within the Property if (i) raw water supplies therefor have
been acquired by the Metro District or Company and transferred to
the Water District, (ii) the monthly minimum charge (inactive
service status) for such water tap is paid to the Water District ,
and (iii) the Metro District and Company comply with all other
Water District rules and regulations . The Metro District and
Company shall not encumber, mortgage, or collaterally assign such
water tap without the prior written consent of the Water District .
The Metro District and Company shall not encumber, mortgage, or
collaterally assign such water taps without the prior written
consent of the Water District . In all other respects, such water
taps or water rights credits shall be treated as the personal
property of the Metro District or Company, as applicable .
12 . The Metro District, Company, and future customers within
the Property agree to abide by all rates and rules and regulations
of the. Water District as now established or as may hereafter be
established by the Water District ; provided that all such rates,
rules and regulations shall be uniform throughout the Water
District and consistent with the express terms and provisions of
this Agreement ; provided, however, that the Water District may
establish different rates and other criteria for service within
areas of th.e Water District as provided by statute . The Water
992058
9
District shall not be liable for any injury or damage for failure
to deliver water for any reason, including but not limited to war,
riot , insurrection, Act of God, or breaks or failure of the water
system.
13 . This Agreement may be amended from time to time by a
written agreement between the parties hereto signed by the duly
authorized representatives of such parties . No agent or
representative of the Water District or Metro District has the
power to amend, modify, alter or waive any provision of this
Agreement . Any promise, agreement or representation made by an
agent or representative of the Water District or Metro District not
herein set forth shall be void and of no further force or effect .
14 . The Metro District and Company understand and agree that •
all fees, rates, tolls, penalties or charges for services,
programs, or facilities furnished by the Water District in
accordance with the terms of this Agreement constitute a perpetual
lien on the portion of the Property served, and that such lien may
be foreclosed in the manner provided by State law, pursuant to
Section 32-1-1001 (1) (j ) , C.R.S . In the event that the Metro
District, Company or any individual customer, as applicable, fails
to abide by any of the terms or conditions of this Agreement , the
applicable party which is responsible therefor shall pay all costs
and expenses incurred by the Water District as a result of any such
breach, including direct and consequential damages, loss of
revenue, attorney fees, court costs, expert witness fees, and other
expenses .
15 . This Agreement shall be binding upon and inure to the
benefit of the heirs, personal representatives, successors, and
assigns of the parties hereto . Except as provided herein, this
Agreement shall not be assigned without the prior written consent
of the Mate:: District .
992058
10
16 . The Agreement dated October 30, 1985, between the Water
District and Beebe Draw Land Company, Ltd. , relating to the
Property has been terminated in accordance with its terms and is no
longer effective . The Metro District and Company acknowledge and
agree that such Agreement is terminated and of no further force or
effect .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
CENTRAL WELD COUNTY WATER DISTRICT
-
ev
By
r sident '
( S E A L ) Attest : 0.4 1R.- Vl/ /CP
Secretary
Date : / i..Jc7Z0 1995
STATE OF COLORADO )
ss .
COUNTY OF
The fore oing instrument was acknowledged before me t is 2o-l- .
day of S r , 1995, by ra-no...
as President. and -1-O-/-vv... ;A) Ale-2,..k. as Secretary of
the Central Weld County Water District .
Witness my hand and official seal . Q
My commission expires : 4t/o�, . 30, /99 7
f /YZIc�GG�w
Notary blic
11 992058
BEEBE DRAW FARMS METROPOLITAN
DISTRICT
'$ toETRi By
ea, .••••••y'•.w` Ja e W ell, =sent
,l y f 2�'._�'r . •�II II
Atte . :
111 ii k\) l ` Thomas A. Burk, Secretary
+ td ; a- ,
" gyp x+05 ;' Date : June 27, 1995
oet,° �. ,
'''`,"3'„----; - •
STATE OF COLORADO )
ss .
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this 27th
day of June, 1995, by James W. Fell as President and Thomas A. Burk
as Secretary of the Beebe Draw Farms Metropolitan District .
Witness my hand and official seal .
(Nyiucbmmission expires : 11/30/96 U4C& /
-)u .
= is �' Notary Public ��/rLU
yS' ,#. t
x 4
`4 , 4 c `
992058
12
REI LIMITED LIABILITY COMPANY,
dba Investors Limited Liability
Company
n
By
anager
Date : _2 7 1995
STATE OF COLORADO )
COUNTY OF JEFF-5149:10 ) ss .
The Spregoing instrument was acknowledged before me this a�
day of \I U.Ng_ , 1995, by Roll! - . R.. Ice (Icy
as Manager of the REI Limited Liability Company, a Wyominc# limited
liability company doing business in Colorado as Investors Limited
Liability Company.
tit,ii:e ss my hand and official seal .
/f i '; 4Vission expires : 1 ( 3019
• - ;fa : :us:;.:4 ng-.
`G• O
't.\1/4, VAN rd Notary Public
Q
44nµrro>i
13 992058
EXHIBITA
Legal Description of Company Property
The Property of Company referred to in the foregoing Agreement
for Water Service is situated in Weld County, Colorado, and is more
specifically described in that certain Sheriff's Deed dated June
17, 1994, recorded in the County records at Book 1447, Folio 0575,
Reception No. 02393929, a copy of which is attached hereto as
Exhibit A-1 and incorporated herein by reference.
992058
EXHIBIT A
• B 1447 BBC 02393929 06/17/94 16:25 $70.00 1/014
F 0575 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
AR2393929 DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 93 CV 214, Courtroom I
SHERIFFS DEED — I
REi LIMITED LIABILITY COMPANY, a Wyoming limited liability
company, doing business in Colorado as INVESTORS LIMITED
LIABILITY COMPANY,
Plaintiff,
v.
BEEBE DRAW FARMS, LTD. , a Colorado limited partnership:
DRS. ELLIOTT, HALSETH & WALKER, P.C. , FROZEN PENSION PLAN,
formerly known as DRS. ELLIOTT, HALSETH & WALKER, P.C.,
DEFINED BENEFIT PENSION PLAN, also known as DRS. ELLIOTT,
HANSETH & WALKER DEFINED BENEFIT PENSION PLAN, a trust:
LANDE MANUFACTURING COMPANY RETIREMENT' PIAN AND TRUST, a
trust; DARREL BENSON; WILLIAM S. ORIPMAN; W. GERALD RAINER,
M.D.P.C. EMPLOYEES DEFINED BENEFIT PENSION PLAN, a trust:
COLORADO CONTAINER CORPORATION EMPLOYEES DEFERRED PROFIT
SHARING TRUST, a trust; RICHARD E. SLAUGHTER: RICHARD E.
bAKIANO; C. L. PHILLIPS & ASSOCIATES, INC. PROFIT SHARING
PLAN, a trust; COLORADO CONTAINER CORPORATION PENSION
TRUST, a trust: ROLLIE R. KELLEY: BEEBE DRAW CATTLE CO. , a
Colorado limited partnership: and JAMES K. KADLECEK, as the
Public Trustee in and for Weld County, Colorado;
Defendants.
THIS DEED is made June 17, 1994, between ED JORDAN as
the Sheriff of the County of Weld, State of Colorado, and
REI LIMITED LIABILITY COMPANY, a Wyoming limited liability
company, doing business in Colorado as INVESTORS LIMITED
LIABILITY COMPANY, grantee, the holder of the certificate
of purchase, whose legal address is 4221 Monaco Street,
Denver, Colorado 80216.
WHEREAS, REI LIMITED LIABILITY COMPANY, a Wyoming
limited liability company, doing business in Colorado as
INVESTORS LIMITED LIABILITY COMPANY, did, in the District
Court for the County of Weld, Colorado, obtain a judgment
and decree against BEEBE DRAW FARMS, LTD. , dated January
14, 1494, directed to the Sheriff of the County of Weld,
Colorado; and
WHEREAS, by virtue of said judgment and decree, the
Sheriff levied upon the property hereinafter described and,
after public notice had been given of the time and place of
992058
OCT 21 '94 10:00 3035340514 PAGE-002
• B 1447 BBC 02393929 06/17/94 16:25 $70.00 2/014
• F 05761 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO
sale as required by law, said property was offered for sale 1
and sold according to said notice, and a certificate of
purchase was made and recorded in the office of the County
Clerk and Recorder; and
WHEREAS, all periods of redemption have expired;
NOW, THEREFORE, I, ED JORDAN, sheriff of the County of
Weld, Colorado, in consideration of the premises, confirm
the sale and sell and convey to grantee the following
described property located in the, County of Weld, State of
Colorado, more particularly described in Exhibit A,
attached hereto, consisting of twelve (12) pages, incor-
porated herein by this reference as though fully set forth,
and including all land lying in the bed of any street,
road, avenue, alley, stream or river, in front of or
adjoining the property; all buildings, structures and
improvements now on the property, and all fixtures,
equipnent, appliances and furnishings attached thereto; all
proceeds of the conversion, voluntary or involuntary, of
any o1' the foregoing into cash or liquidated claims,
including, w_thout limitation, proceeds of insurance and
condemnation awards; all the rights (including water rights
and shares of water stock) , permits, hereditaments and
appurtenances thereto belonging or in any way appertaining;
and all the rents, issues, uses, profits and income from
the property.
TO HAVE AND TO HOLD the same, with all appurtenances,
forever.
ED JORDAN, Sheriff of the
County of Weld, Colorado
�P� lDQ
By:� aitall
De
STATE OF COLORADO
as.
COUNTY OF WELD ) Ir
The foregoing instrument was $ckn9wledgqed before me
this 71' day of June, 1994, by MARY .5ekuuARrL as
peril* Sheriff of the County of Weld, Colorado.
)' y. . ;\WNitness my hand and official seal.
1 J: sc.
•
>-4 ' My commission expires: /O-!o '4L
• e 14
N• ry Publir/
2
992058
0CT 21 '94 10:01 3035340514 PRGE.003
- fl
•
B 1447 BBC 02393929 06/17/94 16:25 $70.00 3/014
F 0577 MARY ANN FEUERIITEIN CLERK & RECORDER WELD CO, CO
•
EXHIBIT A TO SHERIFF 'S DEED
A tract of land located in Sections 3, 4, 6. 1, 9, 10, 15, 16. and 17,
Township 3 North, Range 6S West of the Sixth 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 to bear S 89. 27' 03' V with all bearingi.
herein being relative thereto;
Thence along the South line of said Section 16, S 89. 27' 03' V, 6139.13
feet to the Southeast Corner of said Section 17;
Thence along the South line of said Section 17, S 89' 33' CO' W, 5328.46
feet to the Southwest Corner of said Section 17; •
Thence along the West line of said Section 17, N 00' 29' 67' W. 5259.91 feet
to the Northwest Corner of said Section 17;
Thence along the West line of said Section 8, N 00' 09' 35' W, 6292.39 feet
to the Northwest Corner of said Section 8;
Thence along the Vest line of said Section S. N 00' 24' 57' It, 3981.69 feet
.to the Southwest Corner of the North Half of the Northwest-Quarter of said •
Section 6;
Thence along t e South line of said North Ralf of the Northwest porter of •
Section S N 89. 44' 30' 6, 2631.54 feet to the Southeast Corner of the North
Half of the Northwest Quarter of said Section 5;
Thence along the South line of the Northwest Quarter of the Northeast
Quarter of said Section 5 N 89' 44' 27' I, 1331.19 feet to the Southeast •
Corner of the Northwest Quarter of the Northeast Quarter of said Section 8;
- •- • • •-Thence along the last line of the Northwest quarter of the Northeast Warier.: • •
of said Section 8 N CO' 38' 12' W. 1325.38 feet to the Northeast Corner of
the Northwest Quarter of the Northeast Quarter of said Section 8;
Thence along the North line of said Section 8, N 19' 40' 1S' E, 1333.51 feet
to the Northeast Corner of said Section 5;
Thence along the North line of said Section 4, N 89' 31' 05' I. 3431.49 feet
'to the Point of Intersection of the North line of said Section 4 with the • •
Centerline of the Platte Yallay Canal;
paps 1 of 12
99 058
OCT 21 '94 10:02 3035340514 PRGE.004
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B 1447 RRC 02393929 06/17/94 16:25 870.00 4/014
F 0578 NARY ANN PRUERSTEIN CLERK & RECORDER WELD CO, CO .
Thence S 40' 04' 03" E, 16.81 feet;
Thence along the centerline of the Platte Valley Canal as recorded in took
1068, Reception No. 02008616 of the Weld County Records, by the following 25
courses: -
• •
I • S 10' 09' 07' Y, 45.49 feet;
•
2 • S 21' 01' 47! Y, 281.98 feet;
3 - S 31' 02' 43' Y, 129.95 feet;
4 • S 46' 24' 26' V, 113.95 feet;
$ - S 67' 56' 02' Y, 114.41 feet;
6 - 158.51 feet along the arc of a curve to the left, having a central
angle of 43' 14' 52' and a radius of 210.00 feet. and a long chord that
bears S 44' 18' 36' Y, 154.78 feet;
7 - S 24' 41' 10' Y, 39.72 feet;
8 - 252.45 feet along the arc of a curve to the left, having a central
angle of 68. 10' 08' and a radius of 217.23 feet, and a long chord
that beers S 09' 23' 54' E. 243.48 feet; •
9 • S 41' 28' 58' E. 159.97 feet;
10 • 69.50 feet along the art of a curve to the light, having a central
angle of 48' 381 11', and a radius of $1.88 feet, and a long chord that
bears S 19' 09' 53' E, 67.43 feet;
11 - S 05' 09' 12' Y, 19.20 Test —. .. _. ...- - ._ .
• y
12 • 117.95 feet along the art of a curve to the right, having a central
angle of 25' 54' 10', and a radius of 206.90 feet, and a long chord
. that bears S 18' 06' 17' Y, 116.95 feet; •
13 - S 31' 03' 22' Y, 130.58 feet;
14 - S 09' 40' 40' Y, 95.26 feet;
•
15 - S 03' 11' 43' t, 116.07 feet;
16 • 114.85 fest along the arc of a curve to the left, having a central
angle of 36' 30' 36'. and a radius of 180.24 feet, and a long chord
that been S 21' 27' 01' E. 112.92 feet;
Page 2 of 12
992058
OCT 21 '94 10'03 3035340514 PnGE.005
B 1447 REC 02393929 06/17/94 16:25 $70.00 5/014
F 0579 AWRY ANN IPZUERSTEIN CLERK & RECORDER WELD CO, CO
17 • S 31' 42' 18' E, 116.57 feet;
18 - 90.13 feet along the arc of a curve to the left, having a Central
angle of 45' 22 31', and a radius of 114.12 feet, and a long chord
that bears S 62' 23' 34' It 88.57 feet;
19 - $ 85' 04' 50' 1, 170.71 feet;
20 • 151.01 feet along the arc of a curve to the right, having a central
angle of 68' 29' 30' and a radius of 126.33 feet, and a long chord
that bears S 50' 50' 04' E, 142.18 feet;
21 - 3 11' 3S' 19' E. 120.95 feet;
.
22 - 196.66 feet along the arc of a curve to the right, having a central
angle of 25' 35' 07' and a radius of 440.41 feet, and a long chord
that bears S 03' 47' 46' E, 195.04 feet;
23 - S u8' 59' 48' M, 101.24 feet;
24 - 251.82 feet along the arc of a curve to the left, having a central
angle of 59' 32' 10', a radius of 242.34 feet, and a long chord that
bears S 20' 46' 1E' E, 240.64 feet;
25 • S 50'.•32' 21' E, 97.59 feet; • •
Thence N 8e' 31' 39' E, 2111.76 feet;
Thence N 17' 52' 53' V, 380.92 feet;
Thence M 89' 31' 39' E, 337.87 feet;
Thence N 00' 28' 21' V, 150.00 feet;
Thence N 89' 31' 39' E. 1867.95 feet;
Thence S 00' 14! 30' V, 680.81 feet;
Thence S 88' 49' 23' E, 78.63 feet;
Thence S 12' 49' 39' E. 29.72 feet; .
•
Thence $ 77' 10' 18' x, 30.00 feet; •
Thence S 12' 49' 43' E. 30.00 feet;
Thence N 77' 1M 18' E, 30.00 feet:
Page 3 of 12
992458
OCT 21 '94 10'03 3035340514 PAGE.006
•
B 1441 RBC 02393929 06/17/94 16:25 $70.00 6/014
F 0580 NARY ANN PBUERSTEIN CLERK & RECORDER WELD CO, CO
• Thence S 12' 49' 56' E. 14.14 feet;
Thence S 19' 28' 28' E. 608.59 feet;
Thence S 43' 52' 15' E. 959.19 feet;
Thence S 11' 49' 10' E. 159.59 feet;
Thence S 60' 06' 36' E, 1097.85 feet;
Thence S 22' 11' 13' E. 2189.07 feet;
Thence S 17' 55' 41' W. 814.01 feet to a point on the north line of a tract
of the WeldCounty Records;d is cel 'A' in Thence alone saiook dno8 r her linecbytion the following6S4 of
courses:
1 - S :i8' 04' 26' W. 66.71 feet;
2 - S 70' 24' 28' W. 210.50 feet;
3 - N 65' 42' 40' W, 1366.02 feet;
4 - N 44' 48' 50' W. 1115.90 feet;
S - S '.71' 20' 00' V, 138.08 feet;.
Thence S 71' 20' 00' W. 040.88 feet;
Thence S 43' 34' 00' E, 318.00 feet;
Thence S 16' 14'. 00' E. 115.00 feet;
' Thence 500' 40' 00' E, 380.00 feet;
Thence S 27' 02' 02' W. 73.00 feet; •
Thence N 65' 16' 00' W. 155.00 feet; •
Thence MI $6' 09' 00' W, 462.00 feet;
Thence MI 66' 59' 00' W. 251.00 feet; •
Thence S 31' 13' 00' W. 248.00 feet;
Thence S 80' 26' 00' V, 194.00 feet; • •
Page 4 of 12
992058
OCT 21 '94 10:04 X35340514 PR3E.007
(-)
8 1447 REC 02393929 06/17/94 16:25 $70.00 7/014
F 0581 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co
Thence N 65' 07' 00' W. 214.52 feet to a point on the east boundary of a
tract of land described in Exhibit 'A', loot 1068, Reception No. 02008614 of
the Weld County Records; Thence along said east boundary by the following
13 courses:
I - N 29' 11' 61' M, 43.34 feet;
2 - N 3S' 35' 04' W, 285.27 feet; •
3 - N 19' 49' 46' V, 52.20 feet; •
A 4 - N 34' 41' 431 W, 94.87 feet;
S - N 40' 48' 08' E, 154.56 feet; •
•
6 - N 72' 48' S1" E, 101.53 feet;
7 - N 31' 54' 29' E, 62.43 feet;
8 - N 17' 31' 32' E. 59.77 feet;
9 - N 20' 04' 17' V, 110.72 feet;
10 - N 07' 06' 02' N, 291.23 feet;
' 11 - N 11' 60' 01' W. 107.28 feet;
12 - N 33' $4' 04- W, 150.60 feet;
13 - M 07' 02' 17' W, 163.23 feet to a point on the east boundary of a
tract of land described in Exhibit 'I', look 1068. Reception No. 02008614 of
the Weld County Records; Thence along said east boundary, and alone the
northerly and a portion of the westerly boundary of said tract of land by
the'fo11ow1no 56 courses: • • ' • • - - • -... . _. .
1 - N 36' 47' 35' E. 143.90 feet;
2 - M 67' 06' 34' W, 102.50 feet;
1 - M 65' S9' 14" V, 50.60 feet; • •
•
4 - N 69' 22' 13' W, 50.23 feet; •
6 - M 71' 52' 38' W. 60.07 feet; .
•
•
6 - N 74' 30' 37' W. 50.00 feet;
7 - N 77' Cl' 49' W. 50.04 feet;
•
Page 5 of 19
992058
0CT 21 '94 10.05 3035340514 PRGE.008
•
B 1447 Rae 929 94 5 70F 0582 MARY OANN3FEUERST$IN/CLERK 662RECORDER•WELD c0- 0004
8. - M 79" 52' 19' W, 50.19 feet; •
9 N 78" 58' 20' V, 50.13 feet;
10 - M 77" 22' 24' K,•$0.05 feet;
11 - N 75" 16' 44' W, 50.00 feet;
12 - M 73" 56' 14' W, 50.01 feet;
13 - N 75" 59' 59' V, 50.01 feet;
14 - N 78' 03' 33' K, 50.08 feet;
15 - N 77' 49' 51' W, 50.07 feet;
16 - N 78' 30' 57' W, 50.10 feet;
• 17 - N 88' 50' 24' W, 75.38 feet; .
18 - N 27' 27' 03' W, 144.80 feet to a point on the south line of said
. Section 3; •
19 - N 27' 27' 03'W, 64.51 feet;
••20 - N 38' 44' 16' V, 50.00 feet to a point on the east line of said
Section 4;
•
21 - N 2A' 44' 16' W. 20.57 feet; .%
22 - M 37' 14' 56' W, 50.03 feet;
23 - M 38' 51' 09' i, 50.00 feet; . ._ _. ...
t4 - M 39' 44' 091 W, 50.00 feet;
2S - N 38' 18' 17" W, 39.87 feet;
26 - N 1l" 21' 47" W, 28.76 feet;
27 - 110" 11' 15' U, 100.03 feet;
28 - N 11°.066 14' W, 50.00 feet; .
29 - N 10" 11' 1S' W, 50.01 fast;
30 - N 09" 43' 45' W, 50.02 feet; •
Pagel 6 of 12
992058
0CT 21 '94 10'05 3035340514 PRGE.009
1
B 1447 REC 02393929 06/17/94 16:25 $70.00 9/014
F 0583 MARY ANN FEURRSTEIN CLERK & RECORDER WELD CO, CO
31 - N 09' 16' 16' V, 50.04 feet;
32.- N 11' 47' 29' W, 50.00 feet; •
•
33 - N 15' 27' 06' V, 50.12 feet;
34 - N 17' 02' 45' V, 100.46 feet;
3S - M 44' 04' 22",w, 8.11 feet: •
36 - N SS' 06' 47' V, 48.88 feet; •
` 37 - N 24' 02' 02" V, 24.62 feet;
•
3$ - M 01. 59' 49" E, 64.66 feet;
39 - N 24' 17' 59" V, 51.56 feet;
40 - N 34' 33' 13' V, 50.12 feet;
41 - M •38' 26' 37" V, 50.00 feet;
42 - N 42' 33' 43' V, 50.13 feet; •
•
43 - N 61' S2' 04' V, 16.22 feet;
.44 - N 89' 17' 02" E, 139.17 feet; '
49.- N 03' 45' 51' V, 390.12 feet;
46 - N 7n' 52' 01' W. 116.11 feet; •
47 - N 72' 17' 16' V, 122.30 feet;
49 - N SS' 39' 25' V, 181.66 feet; -
49 - N 31° 18' 35' V, 1063.47 feet;
50 - S S4" 31' 52' W. 51.39 feet;
51 - S 31" 25' 0S" E, 492.16 feet; •
52 - $ 30" 42' 10' E, 31.11 fat;
•
. 53 • S 10' 25' 09" E. 63.38 feet;
S4 - 68.6! feet along the arc of a curve to the left having a Central
angle of'2.3' 10' 51", a radius of 168.50 feet, and a long chord that bears
south 22' 165' 08' E, 68.14 feet;
Page 7 of 13
992059
OCT 21 '94 10:D6 3035340514 PRGE.010
a
•
•
B 1447 NEC 02393929 06/17/94 16:25 $70:00 10/014
P 0584 MARY ANN PEUERSTEIN CLERK k RECORDER WELD CO, CO
SS - S 33' ass' 06' E, 92.2$ felt;
56 - S 38' X17' 03' E, 30.14 felt; •
Thence S 51' 32' 58' V, 94.00 feet to a point on the west boundary of a
tract of land described in Exhibit 'A', look 1068, Reception No. 02008614 of
the Weld County Records; Thence slot; said west boundary by the following 58
courses:
1 - S 00' 23' 32' E, 177.92 feet;
2 - S 10' 18' 17' E, 78.26 feet;
3 - S 30' 46' 13' E, 152.46 feet; •
1 - S 47' 56' O8' E, 110.45 feet;
5 - S 64' 54' 59' E, 51.89 feet;
6 - S 33' 41' 24' E, 43.27 feet;
•
7 - S 65' 27' 44' E. 50.57 feet;
8 - S 1e' S8' S9' E, 58.52 feet; •
9 - N 72' 38' 46' V, 16.76 feet;
10 - N 30' 27' Sx• V, 39.15 feet;
11 - S 66' 48' OS' W. 53.31 feet; . -
12 • S 37' 5A' 1R' W, 52.01 feet;
13 - S O1' 53' 36' W, 121.07 feet; .
14 . S 19' 17' 24' V, 63.57 feet;
15 - S 06' 08' 48' V. 65.38 feet;
' 16 - S 33' 32' 10' E. 103.17 feet;
17 - $ S5' OS' 51' E, 52.43 feet;
•
18 - S 76' 52' 47' E, 136.57 feet;
19 - S 67' 47' 47' E, 52.92 feet;
Page 8 of 12
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0CT 21 '94 10 06 3035340514 PRGE.011
H 1447 RSC 02393929 06/17/94 16:25 170.00 11/014
F 0585 MARY ANN FSUERSTSIN CLERK & RECORDER WILD CO, CO
20 - S 31' 54' 29' E, 62.43 feet;
21 - S 12' 12' 02' Co 75.71 feet;
22 - S 15' 3th' 40' E, 70.60 feet;
23 - S 00' 46' 46' E, 147.01 feet;
24 - S 40' 38' 56' E, 130.48 feet; '
25 - S 04' 5:l' Sr E, 70.26 feet;
26 - S 24' 20' 28' w, 46.10 feet; , . '
27 - S 13' 34' 14' E, 59.67 feet;
28 - S 35' 2ii' 24' E. 118.59 feet to a point on the south line of said
•
Section 4;
•
29 - S 35' 2A' 24' E, 17.65 feet;
30 - S 49' 59' 37' E, 73.11 feet;
31 - $ 83' 07' 06':2, 58.42 feat;
•
• - 32 - 5 65' 05' 43' E, 92.61 feet;
33 - $ 58' 24' 46' E, 69.35 feet;
34 - S 36' 36' 25' E, 43.60 feet;
. ._ 35 - S 246,341.02°.E. 36.48 feet; . .
36 - S 40' 11' 52' E, 105.00 feet;
37 - S 63' ;'6' 06' E, 36.45 feet to a point on the east line of said
Section 9; .
38 - S 63' 26' 06' E, 37.34 feet;
39 - S 10' 42' 47' E, 112.97 feet;
40 - S 35' .t6' 45' E, 144.84 feet;
Page 9 of 12
• 992058
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E 1447 REC 02393929 06/17/94 16:25 $70.00 12/014
F 0586 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, Co
41 - S 52' 48' 55' E, 145.50 feet;
42 - S 67' 46' 30' 1, 100.46 feet;
43 - S 53' 14' 47' E. 98.60 feet;
44 - S 36' 35' Zr E. $2.20 feet; ' •
45 - S 28' 18' 036.E, 59.06 feet;
46 - S 52' 31' 26' W, 37.80 feet;
47 - S 30' 03' 16' W. 183.70 feet;
•
48 • $ C4' 58' 11' E. 46.17 feet; .
40 - S 25' 58' 28' Y, 86.76 feet;
SO - S 06' 03' :;' E. 66.37 feet;
51 - S 25' S1' 59' E. 130.02 feet;
52 - S O1' 28' 516.W, 99.85 feet;
53 - S 31' 16' 29' E, 157.95 feet;
54 - S 18' 26' 06' E. 139.14 feet; .
55 • S 40' 20' 48' E, 122.02 feet;
56 - S 24' 26' 38' E, 48.33 feet;
e".17 - S 044-21'. 256 E, 105.30 feet;S8 • S 29' 30' 41' E. 174.35 feet to a point on the east boundary of a
tract of lend described in look 1068, Reception No. 02008615 of the Weld
County Records; Thence along said east boundary by the following 8 courses:,
1 - S 37" 11' 26' E, 98.99 feet;
•
2 • S 52' 03' 11' E. 69.68 feet;
3 - S 554 31' 12' E. 148.55 feet; .
4 - S 18' 11' 37' E. 13A.93 feet;
Pago 10 of 12
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P 0587 MARY ANN FSUERSTRIN CLERK & RECORDER WELD CO, CO
5 - S 42' 52' 31' E, 177.69 feet;
6 - S 25' 09' 42' E, 48.21 feet; •
Thence 1 25' 09' 43' E, 106.90 feet;
Thence 1 24' 47' 31' E, 180.70 feet;
Thence 1, 36' 43' S9'•E, 146.03 fest;
Thence 1. 25' 08' 23' N. 111.15 feet; •
•
Thence 1, 02' 01' Sr E, 227.19 feet; •
.
Thence S 27' 01' 04' E, 93.92 feet;
Thence 5 13' 34' 48" E, 101.31 feet;
Thence 5 24' 32' 47' E. 116.37 fett;
Thence 5 06' 37' 27' E, 234.27 feet;
Thence 5 .07' 03' 43' Y, 151,41 feet;
•
Thence 5 14' 47' 42' M, 113.31 feet;
Thence 5 05' 07' 42' V, 157.19 feet;
•
Thence 5 17' So' 26' V, 90.47 feet;
Thence 5 42' 18' 14' W, 134.52 feet; .
•
Thence 5 19' 19' 41' V, 268.56 feet; •
_ ' ` • Thence 5 30' 21' 06' W, 184.39 'feet; . • • _' '
Thence 3.51' 40' S8' M, 105.15 feet;
Thence 3 79' 13' 10' V, 714.61 feet;
Thence $ 21' S2' 12' W, 224.67 feet; •
Thence 35 07' 13' 57' C, 10.72 feet to a point on the North Line of said
Section 15; •
Thence along said North line of Section 1S N 89' 28' 21' E, 64.09 feet;
Thence .5 00' 41' 51' E. 5264.17 feet to a point on the South Line of said
Section 15;
Page 31 of 12
g92058
rrT 71 '24 1 l:f iR 3135341514 PAGE.014
n
•'
14{7 REC 02393929 06/17/94 16:25 170.00 14/014
0538 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO
thane* along said South line of said Section 1S
S89.411`SS•W, 358.01 feet to the TRUE POINT OF SEGINNING:
includtgthat portion thereof platted as IEEDE DRAW TARNS
AND EQUESTRIAN CENTER, FIRST FILING under Revised Plat and
Dedication recorded April 12, 1988 in look 1192 as
Reception No. 2137453,
together with the rights of Grantor as Purchase? under
Certificate of Purchase No. S-S71 with The State of '
Colorado dated May 21, 1984 and recorded July 26, 1984 •
in Book 1038 as Reception No. 0197545$, as to Section 16„
Township 3 North, Range 65 Nest of the Sixth Principal
Meridian, Weld County, Colorado.
•
•
*as evidenced by assignment recorded August 16, 1988 in
Book 1205 as Reception No. 02151603 in the records of
Weld County, Colorado
• •
•
•
•
•
Page 12 of 12
997A)5e
0CT 21 '94 1C'09 7015340514 PPGE.015
•
January 1994
PETITION FOR INCLUSION OF LANDS IN
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of Weld , State of Colorado,
hereby petition(s) and pray(s) that the lands hereinafter described be included in said
Northern Colorado Water Conservancy District ("District').
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
r
REI Limited. Liability See Exhibit A Sections 3, 4, 5, 3,442
Company, doa Investors to Sheriff's 8, 9, 10, 15 and
Limited Liability Deed attached 17, 'Ibwnship 3
Company hereto as Exhibit North, Range 65
I, except for West
that land
described therein
under Certificate
of Purchase No.
S-571 in Section
16, 'Ibwnship 3
North, Range 65
West (owned by the
State of Colorado)
TOTAL ACRES INCLUDED 3,442
CURRENT ASSESSED VALUATION OF LANDS TO BE INCLUDED $ 18,340
AMOUNT OF INCLUSION FEE ENCLOSED $ 235
F/PsIufD a AUO1 ma
FORMS*400 992058
3. A plat of the above described property is attached hereto as Appendix "C."
4. All the owner(s) of the above described property hereby agree(s) to pay to the District an
amount which is equal to the ad valorem taxes which would have been paid to the District
by the owners of the above described lands if said lands had been included within the
boundaries of the District at the time of its creation. This amount will be calculated in
accordance with the policy of the District, a copy of which is attached as Appendix"B."
5. All the owner(s) of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act, C.RS. § 37-45-101 et. seq., as.
amended frcm time to time, and all rules, regulations, and policies of the District as
amended or changed from time to time.
6. All of the owner(s) of the above described property hereby agree(s) that inclusion of the
above described lands into the District is conditioned on present and future payment of
the same mill levies and special aacessments as are levied or will be levied on other
similarly situated property in the District at the time of inclusion of the Petitioner(s) lands.
If such payments are not made on such equal basis, the inclusion of the lands can be
terminated for non-compliance with this condition if payments are not otherwise made.
7. All the owner(s) of the above described property have executed Appendix"A" attached
hereto.
THIS PETITION INCLUDING APPENDIX"A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
"'TILE
(if in relation to
a Partnership or a
�, Corporation) ADDRESS
% A Manager Investors Limited Liability
Company
4221 Monaco Street
Denver, Colorado 80216
•
STATE OF COLORADO )
) ss
County of-fP4Cr Sf f )
The foregoing instrument was acknowledged before me this :�' day of November
i
A.D. 19 94, by_.CO1/4 X li kt�.�` L Manager of
REI Limited Liability Company, a Wyoming limited liability company, doing business
in Colorado as Investors Limited Liability Company.
Witness my hand and Seal. My commission expires: I:1Th o/6;c—
Notary Public
992058
Iv/INLAND a ALLOTMENTS
FORMS,400 2
•
(Th C)
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 19__, by_
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 19_, by_
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 19 , by_
Witness my hand and Seal. My commission expires:
Notary Public
s9?058
(WRSIW!D&paso ens
FORMS 4400 3
•
C)
APPENDIX"A'•
Purpose
The purpose of this covenant is to subject Petitioner's property, described in the petition for
inclusion and court order for inclusion, to the same mill levies and special assessments as
are levied or will be levied on other similarly situated property in the Northern Colorado Water
Conservancy District ("District") at the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X,
§ 20 of the Colorado Constitution before the District can impose the mill levies and special
assessments specified below. Petitioner also waives any right which may exist to a refund
pursuant to article X, § 20 of the Colorado Constitution.
Mill Levies and S oecial Assessments
Upon inclusion into the District, and as an express condition thereof, Petitioner covenants to
pay the following mill levies and special assessments:
1. Any Class A mill levy or special assessment levied annually by the District and
imposed on other similarly situated property within the District.
2. If Petitioner's property is now or is in the future located within a municipality which
has an existing or future Class B Allotment of water by the District, and if said
municipality defaults on payment of its obligations under any existing or future
Class 13 allotment contract(s) with the District, Petitioner agrees to pay any special
assessment levied by the Board of Directors of the District for the purpose of
collecting amounts due under the allotment contract(s).
3. Any amount due under any existing or future Class D allotment contract on
Petitioner's property.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and
court order for inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX"A."
DATE GNATURES ADDRESS
"/5/9! _ 7-1% e171 Investors Limited Liability
ComPanY
4221 Monaco Street
Denver, Colorado 80216
992058
(WPSIillO&ALLOTMENTS
FORMS,MOO
APPENDIX "B" O
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-941-02-94
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS, the inclusion of lands into the Northern Colorado Water Conservancy District
(District) makes those lands eligible to receive water from the Colorado-Big Thompson (C-BT)
Project facilities; and
WHEREAS, those lands and allottees of water originally included within the District
commencing in 1938 have contributed to the cost of construction repayment, operation,
maintenance, replacement and administration of the C-BT Project; and
WHEREAS, a fee is necessary to place newly included lands and their eligibility for water from
The C-BT Project facilities on the same basis as those lands originally included within the
District.
NOW, THEREFORE LET IT BE RESOLVED that:
A fee shall be charged in connection with the inclusion of lands into the District for the
purpose of placing such lands on an equal basis as lands originally included within the
District. Such fee shall be collected on behalf of and deposited to the Colorado-Big Thompson
Water Activity Enterprise Fund. This fee shall be calculated as follows:
The sum of the historical (1937 to current year) ad valorem tax revenues received
by the District from Larimer, Weld, and Boulder Counties divided by the current
assessed valuation of the District lying within those same Counties times the
current assessed valuation of the property to be included.
Example:
Revenues From 3 Counties To Date x Current Valuation of
Current Valuations of District Property To Be Included
Within 3 Counties
For Calendar Year 1993
$ 48.388.184 x Current Valuation of Property
$ 3,788,258,060
or 0.0128 x Current Valuation of Property
The ratio determined above will be recomputed annually by the District and will be made
available upon request. It will be the responsibility of the petitioner to furnish the current
assessed valuation of the property involved at the time the petition for inclusion is submitted
to the District.
Satisfactory arrangements for payment of fees must be made with the District before the
Inclusion will be approved by the Board of Directors.
992058
IF/FSINNO&ALLMMENrs
FORMS 4400
EXHIBIT E
[DEVELOPER FEE AGREEMENT]
g9'2058
LF7G;
DEVELOPER FEE
AND
WATER TAP FEE AGREEMENT
THIS DEVELOPER FEE AND WATER TAP FEE AGREEMENT is made as of
this gth day of bece M ber, 1998, between BEEBE DRAW FARMS
METROPOLITAN DISTRICT, hereinafter referred to as "District" , a
quasi-municipal corporation and political subdivision of the
State of Colorado duly organized and acting pursuant to the
provisions of Article 1, Title 32 , C.R. S . , and REI LIMITED
LIABILITY COMPANY, a Wyoming limited liability company doing
business in Colorado as Pelican Lake Ranch and Investors Limited
Liability Company, hereinafter referred to as "Developer" .
RECITALS
A. The District was organized to provide water, streets,
drainage and safety protection, and parks and recreational
services and facilities within its service area; and
B . The Developer is the fee owner of certain real
property, hereinafter referred to as "Development" , situate
within the District and which requires services and facilities
from the District prior to the development and sale thereof ; and
C. In order to provide adequate services and facilities to
the Development and to other property within the District, it is
necessary to acquire a water supply and to construct a water
distribution system, streets, drainage and safety protection
facilities, and parks and recreational and related facilities,
hereinafter referred to as "Facilities" ; and
D. The Developer wishes to participate in funding the
costs of the Facilities, which will assist in making services and
facilities available to all property within the District; and
E . Without such participation, the District would not
acquire or construct the Facilities, which will benefit all
property within the District; and
F. In order to complete the acquisition and installation
of the Facilities, the District will , from time to time, enter
RDFMD'\DEV-F&WT.AGR
111111 ����� 111111 ���� 111E111111111111 III 111EIIIIIIII
2661476 12/18/1998 01:34P Weld County CO J���O��
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d .
into agreements to construct and borrow funds in the amounts
needed to finance the costs of the Facilities, subject to all
terms and conditions hereinafter set forth, and the Developer
agrees to pay developer fees and water tap fees for its property
within the Development, which will generate revenue to the
District to fund the costs of the Facilities, including costs of
financing; and
G. The completion of the Facilities will enhance the value
of the Development and other property within the District and
will serve a public use, and the mutual obligations and benefits
created hereunder will promote the health, safety, prosperity,
security and general welfare of the inhabitants and property
owners within the District .
AGREEMENT
In consideration of the mutual covenants, agreements,
conditions and undertakings hereinafter specified, the District
and Developer agree as follows :
ARTICLE T
Section 1 . Definitions . For all purposes hereunder, unless
the context indicates otherwise, the terms defined in this
Section 1 shall have the meanings set forth below:
a . "Agreement" means this Developer Fee and Water Tap
Fee Agreement and any exhibit or amendment hereto .
b. "Board" means the duly constituted Board of
Directors of the District .
c . "Bonds" means any bond, note, or other obligation
of the District .
d. "Developer" means the REI Limited Liability
Company, a Wyoming limited liability company doing business
in Colorado as Pelican Lake Ranch and Investors Limited
Liability Company, or its successor, transferee, or assign.
94320058
111111111111111111 IIII 1111111111 1111111 III 11111 It Mil
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e . "Developer Fee" means the fee to be paid to the
District in accordance with the provisions of Article II,
Section 2 of the Agreement .
f . "Development" means the Beebe Draw Farms and
Equestrian Center according to the PUD Master Plan recorded
on December 21, 1984 in Book 1053 as Reception No. R-1992773
(File 3821; Envelope 2306) of the Weld County, Colorado,
Clerk and Recorder, including all filings and subdivisions
thereof and any amendment or replatting thereto, as more
specifically described in Exhibit A attached hereto and
incorporated herein by reference .
g. "District" means the Beebe Draw Farms Metropolitan
District, or its successor, transferee, or assign.
h. "Facilities" means the water supply and water
distribution system, streets, drainage, and safety
protection facilities, parks and recreational facilities,
and other facilities and improvements acquired, installed or
financed by the District .
i . "Fees" means the Developer Fee and Water Tap Fee .
j . "Lien" means the lien established and referred to
in Article II, Section 6 of the Agreement .
k. "Lot" means any platted lot in the Development .
1 . "Resolution" means any resolution designated by
the Board of the District authorizing the sale and
establishing the terms and conditions of the Bonds .
m. "Water Provider" means the Central Weld County
Water District, a Colorado special district situate in Weld
County, Colorado, which supplies treated water to, and
operates the public water distribution system within the
District in accordance with an intergovernmental agreement .
n. "Water Tap Fee" means the fee to be paid to the
Water Provider for the District in accordance with the
provisions of Article II , Section 3 of the Agreement .
992058
111111111111111111 IIII 111111111111111111 Mtn IIII IIII
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Section 2 . construction• For all purposes hereunder,
unless the context indicates otherwise, the Agreement shall be
construed as follows :
a. All definitions, terms and words shall include
both the singular and the plural .
b. Pronouns shall include both the singular and the
plural and shall cover both genders .
c . Whenever "shall" is used herein, it shall be
construed as mandatory; "may" denotes that it is permissible
but not mandatory.
ARTICLE II
Section 1 . Warranties, Covenants and Representations . The
Developer makes the following representations, covenants and
warranties to the District :
a. The Developer is the fee owner of all property
within the Development and has good, marketable and
indefeasible title to all property within the Development,
subject to exceptions of record.
b. The Developer has the full right, power and
authority to enter into, perform and observe the Agreement,
including the specific authority to encumber all property
within the Development .
c . Neither the execution of the Agreement, the
consummation of the transactions contemplated hereunder, nor
the fulfillment of or the compliance with the terms and
conditions of the Agreement by Developer will conflict with
or result in a breach of any terms, conditions or provisions
of, or constitute a default under, or result in the
imposition of any prohibited lien, charge or encumbrance of
any nature under any agreement, instrument, indenture,
judgment, order or decree of any court to which the
Developer is a party or by which the Developer or the
property within the Development are bound.
11111111111111111111111011111111111111111111 992058
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d. The Developer agrees that all Developer Fees and
Water Tap Fees will be paid in accordance with the
provisions of this Agreement and that it shall keep and
perform all of the covenants and agreements contained
herein.
e . The Developer may be held liable for any loss
suffered by the District as a consequence of any
misrepresentation under subsections a. , b. and c . of this
Section 1 .
Section 2 . Developer Fee . A Developer Fee shall be paid to
the District by the Developer on or before the date of transfer
and/or sale of each Lot . The Developer Fee shall be payable in
the amount of $15, 500 per Lot during the 1998 and 1999 fiscal
years . For subsequent fiscal years, the Board may, from time to
time, increase the amount of the Developer Fee as necessary to
fund the actual costs of the Facilities, including costs of
financing. The Developer agrees to pay Developer Fees for
thirty-two (32) Lots in the 1st Phase of the First Filing of the
Development on or before the following dates : (i) for ten (10)
Lots by December 31, 1999; (ii) for another eleven (11) Lots by
December 31 , 2000 ; and (iii) for another eleven (11) Lots by
December 31 , 2001 . If necessary to secure financing for the
costs of Facilities needed to serve other phases of the
Development , the District and Developer shall agree to a specific
schedule of payments of Developer Fees for such phase of
development prior to the commencement of construction activities
by the District .
Section 3 . Water T p Fee . A Water Tap Fee shall be paid by
the owner of the Lot to the Water Provider for the District on or
before the date of application for water service to each Lot, or
as otherwise provided in the rules and regulations of the Water
Provider. The Water Tap Fee shall be payable in the amount of
$4 , 400 per Lot during the 1998 and 1999 fiscal years . For
subsequent fiscal years, the Board may, from time to time,
increase the amount of the Water Tap Fee as necessary to fund the
actual costs of acquiring a water supply for the Development .
The Water Tap Fee shall be paid in addition to all other rates,
fees and charges of the Water Provider. Nothing set forth in the
Agreement shall be construed to discharge the Developer or owner
of any Lot from paying any rate, fee or charge imposed by the
Water Provider for water service .
11111111111111111111111111111111111111111111111111 992058
5 of417 R286.008D8 30 00JR Sukl Taukamoto
Section 4 . Method of Payment and Use of Fees . Fees shall
be payable in cash or certified funds . Fees paid or remitted to
the District may, in the Board' s discretion, be applied to pay
the costs of the Facilities or any outstanding debt of the
District .
Section 5 . Unconditional Obligation. Upon execution of the
Agreement by Developer, the obligation of Developer tc pay, or
cause to be paid, the Fees shall be absolute and unconditional ,
shall be binding and enforceable in all circumstances, and shall
not be subject to setoff or counterclaim. Without in any way
limiting the generality of the foregoing, such obligation shall
not be affected by the exercise of any remedy hereunder by the
District, termination of the Agreement, diminution of any of
Developer' s rights hereunder by judicial decree, legislative
enactment or otherwise, failure of consideration, condemnation,
or inability or failure of the District or Developer to perform
any obligation hereunder.
Section 6 . Lien. Fees payable with respect to each Lot,
together with any interest thereon and costs to collect Fees,
including reasonable attorneys' fees, shall, until paid,
constitute a statutory lien against such Lot . In the event of
non-payment of any Fees for any Lot, the Lien against:. such Lot
may, in the Board' s discretion, (i) be certified to the County
Treasurer for collection as a delinquent fee for water services
in accordance with the provisions of Section 32-1-1101 (1) (e) ,
C.R. S . , or (ii) be foreclosed in the manner specified in Section
32-1-1001 (1) (j ) , C.R.S . , which the Developer hereby acknowledges
and ratifies as being applicable. The District shall record the
Agreement , and the Agreement shall constitute a statement of lien
against each Lot within the Development, until paid and released
in accordance with the terms of the Agreement .
Section 7 . Release of Lien. The District shall release the
Lien against any Lot upon payment in full of the Fees payable on
such Lot, together with any interest and costs secured by such
Lien. Payment in full may occur either (i) with the making of
the applicable payment to the District by the Developer or owner
of such Lot or by the holder of a lien affecting such. Lot , or
(ii) upon designation of a sufficient amount of unallocated Fees
to a specific Lot pursuant to Section 8 below.
11111111111111111111111111111111 IIII111 III11111 IIII IIII 6 992058
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Section. 8 . Designation of Payment of Fees . When Fees are
paid to the District, the payer (whether the Developer or another
person) sha1 designate to the District in writing whether the
amounts paid are to be allocated to one or more specific Lots .
Amounts which are allocated to specific Lots shall be entitled to
a release of Lien as set forth in Section 7 above . Amounts which
are not allocated to specific Lots shall be credited on the
District' s records as unallocated Fees . The Developer or such
other payer may by written notice to the District subsequently
designate specific Lots for which all or any portion of the
unallocated Fees are to be applied; upon such notification, a
release of Lien shall be issued pursuant to Section 7 above .
Section. 9 . Default . The occurrence of any of the following
events shall constitute an event of default under this Agreement :
a. Any material misrepresentation under subparagraph
a. , b. or c . of Section 1, Article II of this Agreement;
b. Any breach by Developer of the covenant contained
in subparagraph d. of Section 1, Article II of this
Agreement, unless cured within thirty (30) days of notice to
Developer; or
c . With respect to any individual Lot, any breach of
the provisions of Sections 2 or 3 , Article II of this
Agreement, unless cured within thirty (30) days of notice to
Developer and, if the name and address of the owner of such
Lot has been provided to the District, to the owner of such
Lot .
An event of default which occurs under subsection (c) of this
Section 9 shall constitute a default only for the Fees owing with
respect to the affected Lot; any other event of default shall
constitute a default with respect to all unpaid Fees . Notice of
any default shall be provided to any lender specified in Section
8 , Article III of this Agreement , and such lender may cure any
default hereunder by payment in full of all amounts then due and
payable within fifteen (15) days after written notice of such
default has been given by District to such lender.
111111111111111111 IIII 111111111111111111 M HI 992058
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Section 10 . Remedies Upon Default . Upon the occurrence of
any event of default hereunder with respect to any Fees, interest
on such defaulted Fees shall accrue at the rate of twelve percent
(12%) per annum, and the District shall have the following rights
and remedies : (a) to declare by written notice any or all of such
defaulted Fees immediately due and payable in full ; (b) to
collect or foreclose the Lien against the Lot for which the Fees
are in default; or (c) to exercise any other right or remedy
available to the District under this Agreement or permitted by
law. The District shall be entitled to recover its costs and
expenses, including reasonable attorneys' fees, in connection
with any enforcement action, and such costs and expenses shall be
secured by the Lien against the Lot to which such costs and
expenses are allocable.
ARTICLE III
Section 1 . Nature of Covenants . The covenants, obligations,
terms, conditions and provisions set forth in the Agreement shall
be construed as and, during the term of the Agreement, remain
covenants running with and burdening all Lots and other property
within the Development .
Section 2 . Bond Resolution. The Agreement shall be subject
to the Resolution. Any provision of the Agreement in conflict
with the Resolution shall be deemed to be superseded by the
provisions of the Resolution.
Section 3 . Effective Date . The Agreement shall be in full
force and effect and be legally binding upon each party at the
time of execution by all parties hereto. Prior to approval of the
Agreement by the District, the Developer shall not rescind his
approval of the Agreement without the written consent of the
District . Each party agrees to approve, adopt and execute any and
all instruments, documents and resolutions necessary to
effectuate the covenants, terms, conditions and provisions
contained herein.
Sectio:a 4 . Term. The Agreement shall remain in effect
until all Fees have been paid in full .
Section 5 . Successors and As igns . The Agreement, including
any right to release of Liens hereunder, shall be assignable in
1101111111111110101111111111111 11111 ���� dill 992058
2661476 12/18/1998 01:34P Weld County CO
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whole or in part . In the event thereof, all covenants,
obligations, terms, conditions and provisions contained herein
and all amendments of the Agreement shall inure to and be binding
upon the heirs, personal representatives, transferees, successors
and assigns of the parties hereto.
Section. 6 . Remedies . The remedies provided to the District
hereunder are cumulative and are not intended to be exclusive of
any other remedy to which the District may be lawfully entitled.
None of the remedies provided to either party under the Agreement
shall be required to be exhausted or exercised as a prerequisite
to resort to any further relief to which it may then be entitled.
Every obligation assumed by or imposed upon either party hereto
shall be enforceable by any appropriate action, petition or
proceeding at law or in equity. In addition to any other remedy
provided by law, this Agreement shall be specifically
enforceable . The Agreement shall be construed in accordance with
the laws of the State of Colorado, and in particular Article 1 ,
Title 32 , C.R. S . All times stated herein are of the essence .
Section 7 . Waiver. No waiver by either party of any
covenant, term, condition or agreement contained herein shall be
deemed or construed as a waiver of any other covenant , term,
condition or agreement, nor shall a waiver of any breach hereof
be deemed to constitute a waiver of any subsequent breach,
whether of the same or of a different provision of the Agreement .
Section 8 . Notices . All notices provided under the
Agreement shall be in writing and shall be hand delivered or sent
by certified mail, return receipt requested, to the following
addresses :
District : Beebe Draw Farms Metropolitan District
11409 West 17th Place
Lakewood, Colorado 80215
Developer: Investors Limited Liability Company
4221 Monaco Street
Denver, Colorado 80216
In addition to the notice provided to Developer, the
District shall also provide a copy of such notice to any lender
of Developer previously certified to District . Either party by
11111111111111111110111111 IIIII 1111111 III 11111 IIII IIII 992058
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•
written notice so provided may change the address to which future
notices shall be sent . All notices shall be considered effective
when mailed.
Section 9 . Severability. If any covenant, term, condition
or provision under the Agreement shall, for any reason, be held
to be invalid or unenforceable, the invalidity or unenforce-
ability of such covenant, term, condition or provision shall not
affect any other provision contained herein.
Section 10 . Counterparts . The Agreement may be executed in
multiple counterparts, each of which shall constitute an
original , but all of which shall constitute one and the same
document .
Section 11 . Amendment . The Agreement may be amended from
time to time by agreement between the parties hereto. No
amendment, modification or alteration of the Agreement shall (i)
be binding upon the District or the Developer unless the same is
in writing and duly executed by the parties hereto; (ii) be made
in conflict with the Resolution; or (iii) adversely affect the
owner of a Lot or the holder of a lien against a Lot without the
written consent of such person.
IN WITNESS WHEREOF, the District and Developer have executed
this Agreement on the date and year hereinabove stated.
BEEBE DRAW FARMS METROPOLITAN
DISTRICT
By: —
P - eside
ATTEST:
,...----Th? ___,
�. mil/ sr
ctaecrttary : ,\
.i L4: Q_, :z
1n
11111111101111111 IM 111111111111111111 III 111111 III Ill 992058
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•
STATE OF COLORADO }
}ss .
COUNTY OF ^s e, ,t\ }
The foregoing Agreement was acknowledged before me this III:
day of r-i7 a 191 , by James^Fell as President and
µ-omees -5 v(t& as Secretary of Beebe Draw Farms Metropolitan
District .
Witness my hand and official s .
Notar �:1�
My commission expires : 2'302
7,�pS!4 REI LIMITED LIABILITY COMPANY,
�y d/b/a Pelican Lake Ranch and
%�,.:NOTAR). Y Investors Limited Liability
•
1 --- ' - Company
cl•APu
O� By: y e
Manager J
STATE OF COLORADO }
}ss .
COUNTY OF - e (- c S :r }
*
he foregoing Agreement was_l acknowledged before me this // /
day of e_c e wh�.� , 191 , by o (L e f�. 16_1 ( y/ , Manager
of REI LIMITED LIABILITY COMPANY, d/b/a in Coldrado as Pelican
Lake Ranch and Investors Limited Liability Company.
Witness my hand and official seal . t Hi/C-Al2z' •
Notary Public
MyCommissbnExpheS91102001 a........n,;:..\
My commission expires : 550S.WadswodhBlvd •
C:
1111111 11111 111111 illl IIIII IIIII 1111111 III 111111 III IIII 4B�"'4, sl A B \`'
2861478 12/18/1998 01:34P Wald County CO F. �•.' ,
11 of 17 R 86.00 D 0.00 JA Sukl Taukamoto Of
1111111 INII 111111 11111111111111111111 III 111111 III 1111
2661476 12/18/1998 01:34F Weld County CO
12 of 17 R 86.00 D 0.00 JR Sukl Tsukemoto
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 6;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 ]3ook 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"
992058
•
HID 11111111111IIIIMUM 1111111 III IIIIII III IiII
2661476 12/18/1898 01:34P Weld County CO
13 of 17 R 88.00 D 0.00 JA Suitt Tsukamoto
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 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"
992058
I111111 IIIII 311311111111111111 MUM III 111111 MIN
2861478 12/18/1998 01:34P Weld County CO
14 of 17 R 86.00 0 0.00 JR Sukl Tsukamoto
and a radius of 81.88 feet; thence Southerly along the arc of said curve 69.51 feet to the end
of said curve; the:ace 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 230.90 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°22'31" and
a radius of 114.82 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 froth 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:L37.84 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
99?058
•
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°04'17"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
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 South 49°59'37"East 73.11 feet;thence departing said Westerly line
sty?,o58
111111111111111111IIII 111111111111111111 III 111111 III Ifll
2861476 12/18/1998 01 :34P Wald County CO
15 of 17 R 86.00 D 0.00 JR Sukl Taukamoto
•
INIIII fill 111111IIII11111111111111111111 Bpi III III!
2661476 12/18/1998 01:34P Weld County CO
16 of 17 R 86.00 D 0.00 JA Sukl Tsukamotd
South 72°03'02" East 149.26 feet to a point on said Westerly line; thence departing said
Westerly line South 28°24'46" East 133.73 feet; 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"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" Wesi; 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 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°09'42" 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°33'01" East 346.85 feet; thence South
10°22'16"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°43'10" 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.
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
992;058
•
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 morded 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.
(!M! !tIM
D 0.00 JR Sue! Teukemoto
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EXHIBIT G
Debt Amortization Schedule
Year Interest Principal Total Annual Balance
Payments
2,000,000
1999 129,660 0 129,660 2,000,000
2000 129,660 0 129,660 2,000,000
2001 129,660 5,000 134,660 1 ,995,000
2002 129,360 5,000 134,360 1,990,000
2003 129,060 70,000 199,060 1,920,000
2004 124,860 75,000 199,860 1 ,845,000
2005 120,360 85,000 205,360 1 ,760,000
2006 115,260 90,000 205,260 1,670,000
2007 109,860 95,000 204,860 1 ,575,000
2008 104,160 100,000 204,160 1,475,000
2009 98,160 110,000 208,160 1 ,365,000
2010 91 ,560 115,000 206,560 1,250,000
2011 84,200 125,000 209,200 1,125,000
2012 76,200 135,000 211,200 990,000
2013 67,560 140,000 207,560 850,000
2014 58,600 150,000 208,600 700,000
2015 49,000 160,000 209,000 540,000
2016 37,800 170,000 207,800 370,000
2017 25,900 180,000 205,900 190,000
2018 13,300 190,000 203,300 0
gq?,058
EXHIBIT H
[1997 FINANCIAL STATEMENTS]
99?.0 58
BEEBE DRAW FARMS
METROPOLITAN DISTRICT
FINANCIAL STATEMENTS
and
SUPPLEMENTAL INFORMATION
DECEMBER 31 , 1997
ian
ôchooneve1d and Co., Inc.
Certified Public Accountants
9SZI'
BEEBE DRAW FARMS METROPOLITAN DISTRICT
TABLE OF CONTENTS
DECEMBER 31, 1997
Paee
Independent Auditor's Report 1
General Purpose Financial Statements
Combined Balance Sheet - All Fund Types and Account Group 2-3
Combined Statement of Revenue, Expenditures and Changes in
Fund Balance - All Governmental Fund Types 4-5
Combined Statement of Revenue, Expenditures and Changes in
Fund Balance - Actual and Budget - All Governmental Fund Types 6-7
Notes to Financial Statements 8-14
Supplemental Information
Summary of Assessed Valuation, Mill Levy and Property Taxes
Collected 15
992058
V-an Principals
6 Jack C. Schroeder
Larry R. Beardsley
chooneveld and Co. Inc. Richard M Carlson
Mark D. Elmshauser
Certified Public Accountants Kevin F. Collins
INDEPENDENT AUDITOR'S REPORT
Board of Directors
Beebe Draw Farms Metropolitan District
Weld County, Colorado
We have audited the accompanying general purpose financial statements of Beebe Draw Farms
Metropolitan District as of and for the year ended December 31, 1997, as listed in the foregoing
Table of Contents. These financial statements are the responsibility of the District's management.
Our responsibility is to express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards. Those
standards require that we plan and perform the audit to obtain reasonable assurance about whether
the financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management,
as well as evaluating the overall financial statement presentation. We believe that our audit
provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements referred to above present fairly, in all
material respects, the financial position of Beebe Draw Farms Metropolitan District at December
31, 1997 and the results of its operations for the year then ended, in conformity with generally
accepted accounting principles.
Our audit was made for the purpose of forming an opinion on the general purpose financial
statements taken as a whole. The supplemental information as listed in the Table of Contents is
presented for purposes of additional analysis and is not a required part of the general purpose
financial statements of Beebe Draw Farms Metropolitan District. Such information has been
subjected to the auditing procedures applied in the audit of the general purpose financial statements
and, in our opinion, is fairly stated in all material respects in relation to the genera] purpose
financial statements taken as a whole.
June 15, 1998
:moss
6000 Greenwood Plaza Blvd.,#110 •Greenwood Village,CO 80111-4817
303-779-4000 • FAX 303-770-9276 • E-mail: vscocpas@vscocpa.com
Members:American Institute of Certified Public Accountants-S.E.C.and Private Practice Sections•Colorado Society of Certified Public Accountants
SUPPLEMENTAL INFORMATION
992058
GENERAL PURPOSE FINANCIAL STATEMENTS
992058
BEEBE DRAW FARMS METROPOLITAN DISTRICT
COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUP
DECEMBER 31, 1997
Governmental Fund Types
Debt Capital
General Service Projects
ASSETS Fund Fund Fund
Cash deposits $ 235,202 $ 225,244 $ 61,359
Cash held by County Treasurer
Property tax receivable 73,800 184,000
Property _
Total assets $ 309,002 $ 225,244 j_ 245,359
LIABILITLE,S AND EQUITY
LIABILITIES
Accounts payable $ 13,457 $ $
Deferred property tax revenue 73,800 184,000
Total liabilities 87,257 184.000
EQUITY
Investment in general fixed assets
Fund balances
Reserved 8,700 225,244 61,359
Unreserved and undesignated 213,045
Total equity 221,745 225,244 61,359
Total liabilities and equity $ 309,002 $ 225.244 $_ 245,359
992058
_2_
Account
Group
General Totals
Fixed (Memorandum Only)
Assets 1997 1996
$ $ 521,805 $ 698,549
2,761
257,800 240,000
_ 847 871 847,871 309.609
847,871 $ 1,627,476 $ 1,250,919
$ 5 13,457 $ 6,250
257.800 240.000
271,257 246,250
847,871 847,871 309,609
295,303 514,520
213,045 180,540
_ 847 871 1,356,219 1,004.669
847 871 $ 1,627,476 $ 1.250,919
The accompanying notes are an integral part of the financial statements.
992058
-3-
BEEBE DRAW FARMS METROPOLITAN DISTRICT
COMBINED STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN
FUND BALANCE - ALL GOVERNMENTAL FUND TYPES
YEAR ENDED DECEMBER 31, 1997
Debt Capital
General Service Projects
Fund Fund _ Fund
REVENUE
Property taxes $ 42,217 $ $ 171,846
Specific ownership taxes 25,962
Lease revenue 25,695
Interest 4,313 22.616
Intergovernmental 28
Total revenue 98,215 _ 194.462
EXPENDITURES
Current
Legal 11,855
Insurance 3.667
Audit and accounting 4,000
Directors- fees 500
County Treasurers fees 690 1.718
Lake lease 28.550
Interest - Abated taxes 5,920
Miscellaneous 2,628
Rent 3,600
Debt service
G.O. note - Principal
G.O. note - Interest
Capital outlay 416.261
Total eependitures 61,410 _ 417,979
EXCESS REVENUE OVER
(UNDER) EXPENDITURES 36,805 (223.517)
FUND BALANCE - BEGINNING OF
YEAR. 184,940 225,244 _ 284,876
FUND BALANCE - END OF YEAR $ 221,745 $ 225.244 L 61.359
992058
-4-
Totals
—__(Memorandum Only)
1997 1996
$ 214,063 $ 339,284
25,962 36,082
25,695 24,755
26,929 43,494
28 36
292,677 443.651
11.'355 13,684
3.667 3,922
4.000 4.000
500 950
2.408 3,397
28.550 27,516
5.920
2.628 84
3,600 3,600
350.000
31.500
416161 51.753
479.389 490,406
(186,712) (46,755)
695.060 741,815
508:348 $ 695,060
The accompanying notes are an integral part of the financial statements. 992058
-5-
BEEBE DRAW FARMS METROPOLITAN DISTRICT
COMBINED STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN
FUND BALANCE - ACTUAL AND BUDGET
ALL GOVERNMENTAL FUND TYPES
YEAR ENDED DECEMBER 31, 1997
General Fund
Variance-
Favorable
Actual Budget (Unfavorable)
REVENUE
Property taxes $ 42,217 $ 69,003 $ (26,786)
Specific ownership taxes 25,962 30,000 (4,038)
Lease revenue 25.695 26,000 (305)
Interest 4,313 750 3,563
Intergovernmental 28 30 _ (2)
Total revenue 98.215 125.783 _ (27,568)
EXPENDITURES
Current.
Legal 11,855 20.000 8,145
Insurance 3,667 4,000 333
Audit and accounting 4,000 4.500 500
Directors' fees 500 1,500 1.000
County Treasurer's fees 690 2,410 1,720
Lake lease 28,550 29,000 450
Interest - Abated taxes 5,920 (5,920)
Miscellaneous 2,628 500 (2,128)
Rent 3,600 3,600
Debt service
G.O. Note - Interest and issue costs
Capital outlay
Total expenditures 61,410 65.510 _ 4.100
EXCESS OF REVENUE OVER
(UNDER) EXPENDITURES 36.805 60.273 _ (23.468)
OTHER FINANCING SOURCES
Proceeds from general obligation bonds _
Total other financing sources
EXCESS OF REVENUE AND OTHER
SOURCES OVER (UNDER)
EXPENDITURES 36,805 60,273 (23,468)
FUND BALANCE - BEGINNING OF YEAR 184,940 185.660 (720)
FUND BALANCE - END OF YEAR $ 221.745 $ 245,933 $. (24.188)
992058
6
Debt Senice Fund Capital Projects Fund
Variance- Variance-
Favorable Favorable
Actual _Budget (Unfavorable) Actual Budget (Unfavorable)
$ $ $ $ 171,846 $ 171,908 $ (62)
22,616 7,500 15,116
194,462 179,408 15.054
1,718 (1,718)
45,000 45,000 25,000 25.000
416,261 1,423,103 1.006.842
45.000 45.000 417,979 1,448.103 1 030.124
(45.000) 45.000 (223,517) (1,268,695) 1045,178
1.000.000 (1.000.000)
1,000,000 (1.000.000)
(45,000) 45,000 (223,517) (268,695) 45,178
225.244 _ 225,158 86 284,876 270,660 14.216
$ 225.244 180.158 $ 45.086 $ 61.359 $ 1,965 $ 59.394
992058
The accompanying notes are an integral part of the financial statements.
7
BEEBE DRAW FARMS METROPOLITAN DISTRICT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1997
NOTE 1) DEFINITION OF REPORTING ENTITY
The District, a quasi-municipal corporation, is governed pursuant to provisions of
the Colorado Special District Act. The District's service area is located in Weld
County, Colorado. The District was established to provide water, parks and
recreational facilities, street and drainage improvements, safety protection and
related services.
The District has no employees and all operations and administrative functions are
contracted.
The District follows the Governmental Accounting Standards Board (GASB)
accounting pronouncements which provide guidance for determining which
governmental activities, organizations and functions should be included within the
financial reporting entity. GASB pronouncements set forth the financial
accountability of a governmental organization's elected governing body as the basic
criterion for including a possible component governmental organization in a
primary government's legal entity. Financial accountability includes, but is not
limited to, appointment of a voting majority of the organization's governing body,
ability to impose its will on the organization, a potential for the organization to
provide specific financial benefits or burdens and fiscal dependency.
The District is not financially accountable for any other organization, nor is the
District a component unit of any other primary governmental entity.
NOTE 2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The more significant accounting policies of the District are described as follows:
a) Fund Accounting
The accounts of the District are organized on the basis of funds or account
groups, each of which is considered a separate accounting entity. Fund
types and account groups used by the District are described below.
Governmental Fund Types
General Fund - The General Fund is the general operating fund of the
District. It is used to account for all financial resources except those
required to be accounted for in other funds.
Debt Service Fund - The Debt Service Fund is used to account for the
accumulation of resources for. and the payment of general long-term
obligation principal, interest and related costs.
992058
-8-
Capital Projects Fund - The Capital Projects Fund is used to account for
financial resources to be used for the acquisition or construction of major
capital facilities.
Account Group
General Fixed Assets Account Group - This group of accounts is
established to account for recorded fixed assets of the District.
b) Basis of Accounting
The modified accrual basis of accounting is followed in the governmental
fund types. Revenue is recorded when susceptible to accrual, i.e., both
measurable and available. Available means collectible within the current
period or soon enough thereafter to be used to pay liabilities of the current
period. The major sources of revenue which are susceptible to accrual are
property taxes. Expenditures, other than interest on long-term obligations
are recorded when the liability is incurred or the long-term obligation paid.
c) Budgets
In accordance with the State Budget Law, the District's Board of Directors
holds public hearings in the fall each year to approve the budget and
appropriate the funds for the ensuing year. The appropriation is at the total
fund expenditures level and lapses at year end. The District's Board of
Directors can modify the budget by line item within the total appropriation
without notification. The appropriation can only be modified upon
completion of notification and publication requirements.
Encumbrance accounting (open purchase orders, contracts in process and
other commitments for the expenditures of funds in future periods) is not
used by the District for budget or financial reporting purposes.
d) Pooled Cash
The District follows the practice of pooling cash and investments of all
funds to maximize interest earnings. Except when required by trust or
other agreements, all cash is deposited to and disbursed from a single bank
account. Cash in excess of immediate operating requirements is pooled for
deposit and investment flexibility. Interest is allocated to the General and
Capital Projects Funds as determined by the Board of Directors in the
budget process.
e) General Fixed Asset Account Group
Property is stated at cost. No depreciation is provided on general fixed
assets.
992058
-9-
0 Property Taxes
Property taxes are levied by the District Board of Directors. The levy is
based on assessed valuations determined by the County Assessor generally
as of January 1 of each year. The levy is normally set by December 15 by
certification to the County Commissioners to put the tax lien on the
individual properties as of January 1 of the following year. The County
Treasurer collects the determined taxes during the ensuing calendar year.
The taxes are payable by April or if in equal installments, at the taxpayers
election, in February and June. Delinquent taxpayers are notified in
August and generally sales of the tax liens on delinquent properties are held
in November or December. The County Treasurer remits the taxes
collected monthly to the District.
Property taxes, net of estimated uncollectible taxes, are recorded initially
as deferred revenue in the year they are levied and measurable. The
deferred property tax revenue are recorded as revenue in the year they are
available or collected.
g) Fund Equity
Fund Balance
The fund balances have been reserved for that portion of the fund balance
that is legally segregated or is not subject to future appropriation.
Designations of unreserved fund balances indicate management's intention
for future utilization of such funds and are subject to change by
management.
The District considers all unreserved fund balances to be "reserves" for
future operations or capital replacement as defined within Article X,
Section 20 of the Constitution of the State of Colorado (see Note 9).
Reserved Fund Balance
Article X, Section 20 of the Constitution of the State of Colorado requires
the District to establish Emergency Reserves (see Note 9). $8,700 of the
fund balance has been reserved in compliance with this requirement.
The fund balance in the Debt Service Fund is reserved for future general
obligation debt.
The fund balance in the Capital Projects Fund is reserved for street and
drainage improvements and to provide water facilities.
h) Totals (Memorandum Only)
Total columns on the combined statements are captioned "(Memorandum
Only)" because they do not represent consolidated financial information and
are presented only to facilitate financial analysis. Data in these columns do
not present financial position or results of operations, in conformity with
generally accepted accounting principles. Neither is such data comparable
992058
-10-
to a consolidation. Interfund eliminations have not been made in the
aggregation of this data.
NOTE 3) CASH AND INVESTMENTS
Cash Deposits
The Colorado Public Deposit Protection Act (PDPA) requires that all units of local
government deposit cash in eligible public depositories. Eligibility is determined
by state regulators. Amounts on deposit in excess of federal insurance levels must
be collateralized. The eligible collateral is determined by the PDPA. PDPA
allows the institution to create a single collateral pool for all public funds. The
pool for all the uninsured public deposits as a group is to be maintained by another
ins:itution or held in trust. The market value of the collateral must be at least equal
to the aggregate uninsured deposits.
The State Regulatory Commissions for banks and financial services are required
by Statute to monitor the naming of eligible depositories and reporting of the
uninsured deposits and assets maintained in the collateral pools.
At December 31, 1997, the District's cash deposits had a bank balance and a
carrying balance as follows:
Carrying Bank
Balance _Balance
Insired deposits $ 226,448 $ 226,448
Deposits required to be collateralized
in single institution pools 295,357 295,357
$ 521,805 j. 521 .805
Ins estments
Colorado statutes specify investment instruments meeting defined rating and risk
criteria in which local governments may invest which include:
Obligations of the United States and certain U.S. government agency
securities
Certain international agency securities
General obligation and revenue bonds of U.S. local government entities
Bankers' acceptances of certain banks
Commercial paper
Written repurchase agreements collateralized by certain authorized securities
Certain money market funds
Guaranteed investment contracts
Local government investment pools
During the year ended December 31, 1997, the District had no investments.
9!92059
-11-
NOTE 4) PROPERTY
An 2nalysis of the changes in property for the year ended December 31, 1997
follows:
Balance at Balance at
January December
By Classification 1, 1997 Additions Retirements 31, 1997
Land $ $ 128,375 $ $ 128,375
Roads 79,699 26,785 106,484
Water distribution facilities 162,621 3,200 165,821
Offsite water facilities 300,000 300.000
Water capacity 67,500 67,500
Recreation facilities 67.289 12.402 _ 79,691
$ 309.609 $ 538.262 $ -0- $ 847.871
By Source
Contributed $ $ 122,000 $ $ 122,000
Long-term debt obligations 309.609 416.262 725.871
$ 309.609 $ 538.262 $ -0- $ 847.871
During the year ended December 31, 1997,the primary developer in the District(see
Note 6) contributed land valued at $122.000 to the District.
NOTE 5) LONG-TERM OBLIGATIONS
On November 2, 1993. the voters of the District passed two questions to increase
debt by a total of $2.000,000, at an interest rate not to exceed 9%, along with
property taxes in the maximum amount of$280,000 per year to pay off that debt. On
November 5. 1996, the voters of the District passed three questions to increase debt
by a total of$3,000,000. at an interest rate not to exceed 10%, along with property
taxes in the maximum amount of$450,000 per year to pay off that debt in not more
than 20 years. At December 31, 1997, the District had authorized but unissued
indebtedness in the following amounts allocated for the following purposes:
Parks and recreational facilities $ 1,000.000
Water facilities 1,675,000
Street improvements 1,975,000
$ 4,650.000
NOTE 6) RELATED PARTIES
The primary developer of real property in the District is R.E.I. Limited Liability
Company (Developer), successor in interest to Beebe Draw Farms. Ltd. Certain
members of the Board of Directors are associated with the Developer.
992058
-12-
NOTE 7) COMMITMENTS
Operating Lease and Sublease
On March 4, 1987, the Developer (see Note 6) entered into a grazing and
recreation lease for Milton Lake and surrounding land in Weld County.
Subsequent to that date, the Developer assigned the lease to the District. The lease
continues through 2016 and requires annual payments of$20,000, adjusted by the
Consumer Price Index, which amounted to$28,550 for 1997. The annual payment
due over the last 12 years of the lease is subject to renegotiation by both parties.
If the fair market rental value of the property increases for any two consecutive
years at a rate in excess of the Consumer Price Index adjustment, the rate must
increase in accordance with such increased fair market rental value.
The District has also been assigned a sublease of the above described property.
The lease income to the District for the year ended December 31, 1997 was
$25,695. The term of the sublease continues through 2004.
NOTE 8) RISK MANAGEMENT
The District is exposed to various risks of loss related to torts, thefts of assets;
errors or omissions, or acts of God. The District maintains commercial insurance
for all risks of loss. Settled claims have not exceeded this commercial coverage
in any of the past three fiscal years.
NOTE 9) TAX, SPEN'DLNG AND DEBT LIMITATIONS
Article X, Section 20 of the Colorado Constitution, commonly known as the
Taxpayer's Bill of Rights (TABOR) contains tax, spending, revenue and debt
limitations which apply to the State of Colorado and all local governments.
Spending and revenue limits are determined based on the prior year's Fiscal Year
Spending adjusted for allowable increases based upon inflation and local growth.
Fiscal Year Spending is generally defined as expenditures plus reserve increases
with certain exceptions. Revenue in excess of the Fiscal Year Spending limit must
be refunded unless the voters approve retention of such revenue.
TABOR requires local governments to establish Emergency Reserves. These
reserves must be at least 3% of Fiscal Year Spending (excluding bonded debt
service). Local govemments are not allowed to use the emergency reserves to
compensate for economic conditions, revenue shortfalls, or salary or benefit
increases.
The District's management believes, after consultation with legal counsel, that it
is in compliance with the provisions of TABOR. However, TABOR is complex
and subject to interpretation. Many of the provisions, including the interpretation
of how to calculate Fiscal Year Spending limits will require judicial interpretation.
On November 5, 1996, the voters of the District approved the retention of all
futt,re revenue without limitation under TABOR or other laws.
99205E.
-13-
NOTE 10) INTERGOVERNMENTAL AGREEMENT
On June 27, 1995, the District entered into a contract with the Central Weld
County Water District (Water District) and the REI Limited Liability Company
(Company) (see Note 6). The Company is planning an eight hundred unit
resic.ential development within District boundaries. The District or the Company
agree to construct or reimburse the Water District for construction costs of water
facilities directly related to the development. The Water District will assume all
operation, maintenance, repair and replacement of all water facilities upon
acceptance and completion.
In June 1997, the District paid the Water District a nonrefundable contribution for
the construction of offsite transmission and water storage facilities in the amount
of $300.000. As the District obtains water rights, they are given to the Water
Dist-ict in return for the right to agreed upon levels of water capacity. During
1991, water rights adequate for 25 single family homes were purchased for
$67,500 and transferred to the Water District.
992058
-14-
BEEBE DRAW FARMS METROPOLITAN DISTRICT
•
SUMMARY OF ASSESSED VALUATION, MILL LEVY
AND PROPERTY TAXES COLLECTED
DECEMBER 31, 1997
Prior Year
Assessed
Valuation
for Current Mills Levied Percent
Year Ended Year Property Debt Capital Total Property Taxes Collected
December 31 Tax Levy General Service Projects Total Levied Collected to Levied
1993 $ 3,698.210 11.877 28.123 40.000 $ 147,928 $ 148,208 100.2%
1994 $ 4,550,890 10.248 29.752 40.000 $ 182,032 $ 182,035 100.0%
1995 $ 7,120.160 9.941 30.059 40.000 $ 284,806 $ 285,450 100.2%
1996 $ 8,449.710 9.413 30.587 40.000 $ 337,988 $ 339.284 100.4%
1997 $ 6.022.820 11.457 28.543 40.000 $ 240.913 $ 214,063 88.9%
Estimated for
the year ending
December 31,
1998 $ 6,449.480 11.457 28.543 40.000 $ 257.980
NOTE:
Property taxes collected in any one year include collection of delinquent property taxes or abatements of property
taxes levied in prior years. Information received from the County Treasurer does not permit identification of
specific year of assessm.nt.
992059
•
-15-
COLLINS AND COCKREL, P.C.
PAUL R.COCKREL TELEPHONE
ATTORNEYS AT LAW
JAMES P.COLLINS 303-986-1551
390 UNION BOULEVARD,SUITE 400
ROBERT G.COLE DENVER,COLORADO 80228-1556
PAUL C.RUFIEN WATS
TIMOTHY J.FLYNN 800-354-5941
DEREK G.PASSARELLI May 24 , 1999 TELEFAX
303-986-1755
E-MAIL
CandC PCQaol.com
Richard W. Toussaint
Toussaint & Werner, P. C.
3103 Evergreen Parkway, Suite 210
Evergreen, Colorado 80439-7971
RE : Evergreen Central Metropolitan District and
Upper Bear Creek Water and Sanitation
District / Wastewater Treatment and Service
Agreement
Dear Richard:
Enclosed are four copies of the final Wastewater
Treatment and Service Agreement for both Evergreen Central
Metropolitan District and Upper Bear Creek Water and Sanitation
District . The final version includes the final capacity
allocations . Also enclosed are redlined illustrating the
specific changes in each Agreement for your quick reference .
Please arrange for execution of two copies of the Service
Agreement by the Board of Directors of each District and return
to me for final approval by Evergreen. I will return one fully
executed copy of each Agreement when available.
If you nave any question, please advise.
Sincerely,
Paul R. Cockrel
/ab
Enc.
cc: EMD
992058
EMD\LTR`TOUS-AGR DOC
rae'lt
DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3559
Wl FAX (970) 352-6312
INISTRATIVE OFFICES
C. WELD COUNTYML 1400 N. 17TH AVENU
COLORADO 0 8063E GREE
COLORADO
June 17, 1999
Jim Fell
BeeBe Draw
11409 West 17 th Place
Lakewood, CO 80215
Subject: BeeBe Draw proposed PUD residential development of 536 residential lots (See attached
legals).
Dear Mr. Felll,
The Department of Planning Services staff has reviewed your request for comments in regard to the
submitted Sketch Plan application. As per our conversation last week, I am still waiting to receive
the modified plats from Milestone. I have provided a draft copy of my staff comments for your
review. Once I have received a completed copy of mylars I will formalize my comments to you.
Please consider these comments as an unified response for comments. These comments are not
intended to be totally inclusive, and additional concerns or comments may arise in the final plat
stage of this application. Sketch Plan comments are not intended to approve nor deny an
application, rather they are intended to address areas of possible conflict and concern regarding
Weld County and referral agency regulations. The application as proposed is for a total of 2274
acres, with an average lot size of 1.8 acres, and a total of 536 lots with an open space and
recreational component.
The following agencies commented on this case and copies of these comments are included in this
packet:
Weld County Sheriffs Office, 5-17-99
Weld County Building Inspection, 5-7-99
Weld County Public Works, 5-17-99
Weld County Health. 5-20-99
Weld County Compliance, 5-4-99
Colorado Division of Wildlife, 5-24-99
Weld County Sheriff s's Office, 5-25-99
1 99 59
Colorado Geological Survey, 5-25-99
Many of the items listed in the Change of Zone application have either not been delineated
on the Sketch Plat or addressed in the Sketch Plan application materials. These items must
be included as part of the Final Plat submittal. Should the applicant intend to readdress
some of these issues, then this information will be evaluated at the time of Final Plan. The
applicant is responsible for addressing the needs and concerns of the Colorado Geological
Survey prior to recording the plat. The following information must be included on the
Sketch Plat.
A. A minimum of eighteen (18) miles of trails over varied terrain must be delineated on
the plat.
B. The equestrian center must be delineated on the plat. The specifics of this center
are described in detail in the Change of Zone application.
C. The typical road cross section shall be drawn as proposed in the Change of Zone
Application.
D. Floating docks shall be delineated on the final plan and constructed according to the
Change of Zone application.
E. Picnic shelters shall be delineated on the final plat.
F. A swimming pool, tennis court and standard indoor recreation and meeting center
shall be delineated on the plat and constructed on the site, as per the Change of
Zone approval.
G. Duck hunting and goose hunting were uses listed in the Change of Zone Publication.
The applicant shall address these activities and provide mitigation techniques should
conflict of uses arise.
H. Eighteen (18) miles of cross country horse riding trails shall be delineated on the
plat, and shall occupy 300 acres of greenbelt/open space.
Burrow ditches alongside the roads shall be designed to handle a 10-year storm
runoff, excluding infiltration.
J. Due to flood conditions the first floor elevations shall be prohibited at below 4812
and all construction must adhere to FEMA standards.
K. A two-story building containing an office, toilets, shower facilities, a classroom, and
a kitchen/catering area and general purpose room shall be delineated on the plat
according to the specification of the Change of Zone application.
M. A 300' x 120" indoor arena shall be delineated on the plat according to the
placement of the Change of Zone application.
N. Indocr stabling activities must be delineated and addressed.
O. A 300"x 500" elliptical area shall be delineated on the plat according the change of
2 992058
Zone application.
P. A two mile cross county course shall be delineated on the plat according the Change
of Zone application.
Q. The setbacks shall be delineated on each lot with correspond to the following:
1. Front yard set back 50'
2. Side yard setback 50'
3. Back yard setback 20'
U. The plat shall be amended to meet the requirements of the Division of Wildlife letter,
6-24-99.
R. The plat shall be amended to include the actual number of open spaces acres
dedicated for each phase.
Prior to proceeding with the Final Plat the applicant is responsible for preparing a
reproducible copy of the Sketch Plan and paying for the corresponding recording fee.
II. The following notes shall be placed on the Sketch Plan:
1. To ell minate safety issues and attractive nuisance problems with any open irrigation
ditch, fencing may be required between the proposed uses and the ditch rights of
ways.
2. For efficient and orderly development, no on-street parking shall be allowed within
the proposed subdivision, and the final plan shall be developed to adhere to this
standard.
3. Regional storm drainage shall be incorporated into the Final Plat.
4. Any .suture and proposed signage shall be delineated on the Final Plat and shall
meet all county sign standards.
5. The applicant shall be prepared to comply with the requirements FEMA. Any
construction in the 100 year floodplain shall be governed by an approved Flood
Hazard Development Permit.
6. The applicant shall be prepared to adhere to the rules and requirements of the UBC,
as enforced by the Weld County Building Inspection Department. Any building
foundations must be designed by an engineer or architect registered in the State of
Colorado.
7. The applicant shall obtain water service from the Central Weld County Water District.
8. In the event that 5 or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a storm water discharge permit
from the Water Quality Control Division of the Colorado Department of Public Health
and the Environment.
3 992°58
9. During development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted.
10. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
availaole and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions.
11. If land development creates more than a 25 acre contiguous disturbance, or
exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
contrc I plan, submit an air pollution emissions notice, and apply for a permit from the
Colorado Department of Public Health and Environment.
12. A Weld County Septic Permit is required for each proposed home septic system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. All septic systems shall be installed a minimum of two hundred (200)
feet from Milton Reservoir.
13. The open space maintenance shall include removal of manure in a manner that will
prevent nuisance conditions and not allow runoff into Milton Reservoir. The manure
piles shall not be allowed to exist or deteriorate to a condition that facilitates
excessive odors, flies, insect pests or pollutant runoff.
14. In the event a swim beach is incorporated into the development, it shall comply with
Section 4.6 of the Swimming Pool and Mineral Bath Regulations (5 CCR 1003-5).
15. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
16. The septic system(s) for the proposed office clubhouse or public restroom facilities
are required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations.
17. Maximum permissible noise levels shall not exceed the residential limit of 50 db(A),
as measured according to 25-12-102, CRS, as amended.
18. An individual sewage disposal system, or vaulted toilets, are required for the
propcsed public facilities and shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
II. Final Plan Submittal:
1. The applicant shall submit an on-site Improvements Collateral Agreement or provide
alterrative adequate financial assurances that the improvements can and will be
constructed by the Metropolitan District in the established time frame.
2. The Right to Farm covenant shall be placed on the final plat.
3. Building Envelopes must be delineated on those lots with limited use of the site.
992058
4
4. The applicant shall submit evidence that accommodation of the oil and gas minerals
on the site have been adequately accommodated.
5. The applicant shall submit a revised Off-Site Road Improvements Agreement,
addressing the change in circumstances which have arisen.
The zoning is in place for this recreational/residential use. Through the Change of Zone application
(Z-412 ) it was determined that the proposed residential PUD uses comply with the Weld County
Comprehensive Plan. The next step in this PUD process is the Final Plat. This procedure is
outlined in Section 28.9 through 28.15.7.13 of the Weld County Zoning Ordinance, as amended.
Your submittal must address all issues identified above, and all conditions of approval as identified
on the resolution for case Z- 412.
After you have had tie opportunity to review the enclosed materials, I would be happy to schedule
an appointment with you. The purpose of this meeting will be to familiarize you with the Final Plat
application procedure and to discuss any problems or concerns identified in this letter.
Sincerely,
Moni a Daniels-Mika, AICP
Direct
pc:
s-492
992059
5
4 \te MEMORANDUM
wokTO: Planning Commission II June 10, 1999
COLORADO FROM: Monica Daniels-Mika, Director-7k((J
SUBJECT: BeBee Draw Consolidated Service Plan
The Department of Planning Services in conjuction with the Weld County Attorney's Office and Weld
County Finance department recommend that the Planning Commission accept the attached
Consolidated Service Plan for BeBee Draw Farms Metropolitan District One and Two for the
following reason:
1. There is sufficient existing and projected need for organized service in the area to be serviced
by the special district;
2. The existing service, in the area, to be served by the restructured special district service plan is
adequate for present and projected needs;
3. The restructured special district is capable of providing economical and sufficient service to the
area within its proposed boundaries;
4. The area to be included in the restructured special district has, or will have, the financial ability
to discharge the proposed indebtedness on a reasonable basis.
Further, the Department of Planning Service finds that evidence has been presented to satisfy the
following:
1. Adequate services are not, or will not be, available to the area through the county, other existing
municipal or quasi-municipal corporations, including existing special districts, within a
reasonable time and on a comparable basis;
2. The facilities and service standards of the restructured special district are compatible with the
facility and service standards of Weld County which is an interested party under section
32-1-204(1);
3. The proposal is in substantial compliance with the Weld County Comprehensive Plan as
adopted pursuant to section 30-28-106, C.R.S.;
4. The proposal is in compliance with any duly adopted county, regional, or state long-range water
quality management plan for the area;
5. The restructuring of the special district will be in the best interests of the area proposed to be
served and will result in the most economically and reliable means of implementing the
consolidated sen ice.
Metrodis
992058
MEMORANDUM
TO: Lee Morrison, Assistant County Attorney May 17, 1999
inikFROM: Don Warden, Director of Finance and Administration vv
COLORADO SUBJECT: Beebe Draw Metro District
The redrafted Consolidated Service Plan for the Beebe Draw Farms Metro District No.1
and Beebe Draw Metro District No. 2 appears to have addressed all of the concerns that I had
communicated to you and the Beebe Draw representatives in my April 2, 1999 memo to you. If
the Financial Plan to be faxed today is consistent with the other changes I have no objections to
the service plan and would recommend approval to the Board of Weld County Commissioners.
ADDENDUM - Dated May 18, 1999
The Financial Plan received today appears to address all of the concerns I raised in my April 2,
1999, memo to you. 3ased upon the redraft of the service plan cited above and the new
Financial Plan I would have no objections to the services plan and would recommend approval
to the Board of Weld County Commissioners.
992058
Arc"'
N.) fisleld Count Referral
.,p1 April 30, 1999
•
COLORADO z)?p�°\�
The Weld County Department of Planning Services has received the following item for review:
Applicant Beebe Draw do Jim Fell Case Number 3-492
Please Reply By May 21, 1999 Planner Monica Daniels-Mika
Project Sketch Plan for PUD
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
33, Weld County Road 39, and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado. •
•
Parcel Number 1213 05 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the applicaticn, please call the Planner associated with the request.
We have reviewed the request and find that it does/ fet comply with our Comprehensive Plan
❑ We have reviewed he request and find no conflicts with our interests.
❑ See attached letter.
Comments:
7-7 i
Signature � — Date
jam''
Agency t>
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
992058
ft° %IP
We* County Referral
O April 30, 1999
'
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Beebe Draw do Jim Fell Case Number S-492
•
Please Reply By May 21, 1999 Planner Monica Daniels-Mika
Project Sketch Plan for PUD
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
38, Weld County Road 39, and Weld County Road 32 (located next to Milton •
Reservoir) of the 6th P.M.,Weld County, Colorado.
Parcel Number 12'13 05 000016 _. , _ , W .- •-,-�
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the applicatior, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
' O See attached letter.
Comments:
Signature "l "'C' "II
`/ - Date '._?, ;<?<r7/4
Agency , �Cii° Sc)
•}Weld County Planning Dect. :•1555 N. 17th Ave. Greeley, CO. 80631 t(970)353-6100 ext.3540 :•(970)304-6498 fax
992058
a
MIR Weld County Referral
O
April 30, 1999
'
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Beebe Draw do Jim Fell Case Number S-492
Please Reply By May 21, 1999 Planner Monica Daniels-Mika
Project Sketch Plan for PUD
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
33, Weld County Road 39, and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado.
Parcel Number 1213 05 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration lo your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ ..We have reviewed'the request and find that it does/does not comply with our Comprehensive Plan
0' We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: _ J p /
r`p i//j d ,!5S aT AT GP c 5�%a �AQI CL �.� r 4/'-a9rL
G O4 C/IcsVP-Pr fir- �PYFh7Tvrr c6vISac/ by rA4, Side el: ro/1y-d
Signature 1q �j Date - -G ci
i� JJJ
Agency _ l5 (78.74 5A
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 t(970)353-6100 ext.3540 +(970)304-6498 fax
992058
RECEIVES
a
MAY 0 41999
WELD COUNTY
PUBLIC WORKS DEPT Weld County Referral
ustsk,,
0 April 30, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Beebe Draw c/o Jim Fell Case Number S-492
Please Reply By May 21, 1999 Planner Monica Daniels-Mika
Project Sketch Plan for PUD
Legal Sections 3, 4, 5, 8. 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
38, Weld County Road 39, and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado.
Parcel Number 1213 05 000016
•
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U We have reviewec'the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature i ( W (pkig, ,fir/ Date 6 - c-,c
Agency It aLL i JP-11.41-42'')
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
992°59
4/ •;\
MEMORANDUM
' TO: Monica Daniels-Mika, Director DATE: May 17, 1999
C► FROM: Donald Carroll, Engineering Administrator ot/
SUBJECT: S-492; Beebe Draw, 2nd Filing, Sketch Plan for PUD
COLORADO
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Weld County Subdivision Ordinance Standards and Section 28 of the Zoning Ordinance Standards.
Our requirements are as follows:
1. Internal Road System: Item #28.3.1.7 is a general statement describing the vehicle circulation
system of to:al, collector, and arterial roads. In the questionnaire, the applicant is indicating the
streets will b= designed with a normal 60 feet of right-of-way width and 30 feet of paving, including
shoulders. An internal traffic analysis shall be performed to determine street classification including
right-of-way widths, depth of asphalt and base or full depth asphalt, and lane and shoulder widths.
2. Storm Water Drainage: Item #28.3.1.9 is a general statement describing the plan for drainage of
storm water. The applicant has completed a storm water drainage plan for Filing No.1. In the
second filing, no drainage report was submitted. The applicant shall supply the appropriate
drainage report.
3. Off Site Improvements: A Road Maintenance and Improvements Agreement shall be required to
upgrade and pave portions of WCR 32 and WCR 38 adjacent to the PUD.
All above items shall be completed prior to recording the plat.
Qert.
cc: S-492 v0S"�`4
r�3
plan29 o� Chi
1p,
4*� t•-", q NA Cole
992058
11
to0-01 ‘WD
4144 To: Monica Daniels-Mika, Date: May 20, 1999
Planning Department H'
�, From: Trevor Jiricek, Department of Public Health and'\--
)
wilp O Environment
COLORADO Subject: S-492, Beebe Draw c/o Jim Fell
Environmental Health Services has reviewed this application. As you are aware, this case
originated back in the 1980's and was partially reviewed and approved at that time. It is our
understanding that the general lot sizes and overall densities were dictated and approved during
that process. As a result, our referral will not address these issues. However, we have attempted
to address all other environmentally health related issues dealing with the development.
There is one item that we feel requires additional information from the applicant. There does not
seem to be any discussion concerning the proposed sewage disposal system for the proposed
school. This system would have a significant hydraulic load and a septic system is not a sensible
alternate for disposal in this case. One option is an on-site sewage treatment plant that is
permitted by the Co orado Department of Public Health and Environment. Several rural schools
in our County have on-site sewage treatment plants. However, some future considerations
should be made for this item.
Are recommended conditions are as follows:
1) The applicant shall obtain water service from the Central Weld County Water District.
2) In the event'hat 5 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment.
3) During deve.opment of the site, all land disturbance shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
the Weld County Health Department. a fugitive dust control plan must be submitted.
4) In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods which are technologically feasible and economically reasonable in
order to minimize dust emissions.
a) If land development creates more than a 25 acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department
of Public Health and Environment.
992058
Beebe Draw c/o Jim Fell
May 20, 1999
Page 2
5) A Weld County Septic Permit is required for each proposed home septic system(s) and
shall be instaled according to the Weld County Individual Sewage Disposal Regulations.
All septic systems shall be installed a minimum of two hundred (200) feet from Milton
Reservoir.
6) The open space maintenance shall include removal of manure in a manner that: will
prevent nuisance conditions and not allow runoff into Milton Reservoir. The manure
piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive
odors, flies, i asect pests or pollutant runoff.
7) In the event a. swim beach is incorporated into the development, it shall comply with
Section 4.6 of the Swimming Pool and Mineral Bath Regulations (5 CCR 1003-5).
Additionally, in a referral to your Department concerning this development, dated March 22,
1989, we recommended several additional conditions. These conditions appear to still be
applicable and relevant, as such, we will reiterate them as a part of this referral. They are:
8) There shall be, no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). at this site.
9) The septic system(s) for the proposed office clubhouse or public restroom facilities are
required to be designed by a Colorado Registered Professional Engineer according to the
Weld County Individual Sewage Disposal Regulations.
10) Maximum permissible noise levels shall not exceed the residential limit of 50 db(A), as
measured according to 25-12-102, CRS, as amended.
11) An individual sewage disposal system, or vaulted toilets, are required for the proposed
public facilities and shall be installed according to the Weld County Individual Sewage
Disposal Regulations.
As a final note, it is our opinion that any future property owner should be made aware that
agricultural uses exist in the vicinity of the development and that they may be exposed to noise,
dust, flies, odors, etc. in excess of the common urban experience. As a result, we recommend
that the "Right to Fa an" covenant be required to be placed on any recorded plat.
If you have any questions, please call me at extension 2209.
tj/s492
992058
1:t %ix)
Weld County Referral
O April 30 1999
•
COLORADO
The Weld County Deparment of Planning Services has received the following item for review:
Applicant Beebe Draw c/o Jim Fell Case Number S-492
Please Reply By May 21, 1999 Planner Monica Daniels-Mika
Project Slietch Plan for PUD _
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
3€;, Weld County Road 39, and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado.
Parcel Number 1213 05 000016 ,, _M,m ,, „__ _•- -,..
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ W.e have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed `he request and find no conflicts with our interests.
❑ See attached letter.
Comments: @ C • antt ocA.12
Signature 1p/teoLta,�y \\ Date
Agency IM`
+Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley,CO.80631 •}(970)353-6100 ext.3540 %(970)304-6498 fax
99205E
�te\aGc�c' "c}mpg ik4
••
ccc Weld County Referral
O
April 30, 1999
•
COLORADO
The Weld County Depar:ment of Planning Services has received the following item for review:
Applicant Beebe Draw do Jim Fell Case Number S-492
Please Reply By May 21, 1999 Planner Monica Danieis-Mika
Project Sketch Plan for PUD
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
3Fi, Weld County Road 39, and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado. _
•
Parcel Number 1213 05 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
�( See attached letter.
/`Comments:
/Mi /dliz-771-t) . G7ta,4 7 / Z'/ Aw i**L stir 4-tan: L-e-/7 7,11_
2I cm/67 iv/44 X ie'g 1GZ 9/ ?21 .5 :L (--)! h/+ 94,74/v12'
O: AA/61 /a- i;v/=o /1C -' 54 C /j -�+
Signature \ • Date J // f
Agency J/I/9-G9 L'4 .. SC/16/6 / i /`2(
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
•
992058
'p Weld County Referral
0
April 30, '1999
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Beebe Draw do Jim Fell Case Number 5-492
Please Reply By May 21, 1999 Planner Monica Daniels-Mika
Project Sketch Plan for PUD
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
38, Weld County Road 39, and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado.
Parcel Number 1213 05 000016
The application is submiied to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed he request and find no conflicts with our interesttsel d County Planning Dept
tx See attached letter.
Comments: MAI % F 1999
RECEIVED
Signature rr Date 0cj �
Agency C 3o 9 �—
•
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 50631 ••x(970)353-6100 ext.3540 •tx(970)304-6498 fax
992058
STATE OF COLORADO REFER TO:
Bill Owens,Governor
DEPARTMENT OF NATURAL RESOURCES O114aO
DIVISION OF WILDLIFE � yy
AN EQUAL OPPORTUNITY EMPLOYER NfO� N sc),
John Mumma,Director FORT COLLINS SERVICE CENTER `OF
6060 Broadway 317 West Prospect
Denver,Colorado 80216 Fort Collins,Colorado 80526 For Wildlife-
Telephone(303)297-1 192 Telephone(970)472-4300 For People
FAX(303)294-0874 FAX (970)472-4458
Courtney Crawford, District Widi. Mgr. May 24, 1999
Dept. of Planning Services
Weld County
1555 N. 17th Ave.
Greeley, CO 80631
The Division of Wildlife received the referral from your agency
concerning the preliminary plan for Beebe Draw Farms and Equestrian
Center, Filing #2 . This project would subdivide approximately 3500
acres into 724 low-density residential housing lots .
Review and recommendations for Beebe Draw-Filing #1 were submitted
in 1996. The attached planning aid memorandum from the U.S.Fish
and Wildlife Service and Statement of Concurrence by the Colo. Div.
Of Wildlife were submitted at that time to minimize impact on
wildlife.. Those recommendations remain valid and should be
implemented in the most recent Beebe Draw-Filing #2 .
A review of the preliminary plan for Filing #2 reveals that sheet
#8 and sheet #9, which delineate the subdivision lots in phase 6
and phase 7 adjacent to the backwater corridor, do not correspond
with one another. A portion of the backwater corridor (buffer zone
#1, page 5 and 6 of the planning aid memorandum) has been
eliminated or Left out of these maps.
Buffer zones along the backwater corridor are very important to
provide minimal human disturbance and preserve this corridor for
use by varied wildlife species . Buffer zone #1 (from the canal
inlet into Milton Reservoir upstream to the crossing of Beebe Draw
Farms Parkway) is very important for the protection of the
heron/cormorant rookery located in that portion of the backwater
corridor. That. portion of Buffer zone #1 that is included in the
preliminary plan for Filing #2 shows only a 200 foot environmental
992055
DEPARTMENT OF NATURAL RESOURCES,Wade Buchanan,Executive Director
WILDLIFE CON MISSION,Chuck Lewis,Chairman•Mark LcValley,Vice Chairman•Bernard Black,Secretary
Members: Rick Enstrom•Philip James•Marianna Raftopoulos •Arnold Salazar•Robert Shoemaker
and setback buffer zone from the Project property boundary. The
attached memorandum requires a 300 foot buffer and setback zone,
200 feet between the Project property boundary and the residential
lots or other project development, and an additional required
setback of any structural improvements of at least 100 feet from
lot boundaries .
The three other buffer zones, #2 and #3 along the remainder of the
backwater corridor and the lake front area have been included in
the 2nd filing preliminary plan. These buffer zones have met the
standards agreed upon in the attached planning aid memorandum.
The Division of Wildlife appreciates the opportunity to review and
comment on the proposed development. Please feel free to contact
me at (970) 339-5208 if we can be of further service to you or the
developer.
Si erely
c
Courtn y a ord
Distri t Wil ife Manager
cc: David Clarkson, Area Wildlife Supervisor
Larry Rogstad, District Wildlife Manager
Rick Moss, Senior Habitat Biologist
Victor Grizzle, U.S. Bureau of Reclamation
file
992058
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United States Department of the Interior
� FISH AND WILDLIFE SERVICE
[t►
Ar
Ecological serrieet
coton&lewd ol5oe
P.O.Da 23486
Drew talent Geer
Dearer,Wanda(022.54247
ES/CO:BR/8eebe Draw
Mail Stop 65412
DEC 05 19,6
MEMORANDUM
To: Area Manager, Eastern Colorado
U. S. Bureau of Reclamation �
From: Field Supervisor, Ecological Services /4 W .er^'� l"-^''
Subject: Planning Aid Memorandum for the Beebe Draw Farms Development Project
This planning aid memorandum provides the jointly developed recommendations of the Service
• and the Colorado Division of Wildlife (Division), Northeast Regional Office, for ameliorating
anticipated impacts to wildlife and wildlife habitat which will result from development of the
proposed Beebe Draw Farms project (Project). These recommendations are intended to serve as
environmental commitments and stipulations for Project development. A draft memorandum
was issued as a basis for discussion from which the Service and Division sought agreement •
among the Service, Division, Reclamation, and Beebe Draw Farms Metropolitan District
(District)on Project wildlife protection measures. This memorandum outlines measures agreed
to by all of the above parties and those which arc retained as recommendations of the Service
and Division. This memorandum and the planning coordination it represents have been
prepared pursuant to the requirements of and authority conferred by the Fish and Wildlife
Coordination Act (FWCA) (4,Stat. 401, as amended; 16 U.S.C. 661 et seq.). It focuses on
wildlife resources ether than species listed under the Endangered Species Act, which will be
addressed separately pursuant to requirements of Section 7 of the Act.
The Beebe. Draw Farms and Equestrian Center is largely a residential development located at
Milton Reservoir. i5 miles east of Platteville and 9 miles south of Greeley in south-central. Weld
County, Colorado. The Project, encompassing some 5,775 acres, would subdivide
approximately 3,500 acres into 800 single-family residential parcels, eventually accommodating
an estimated 2,000 permanent residents. It would incorporate approximately 1,700 acres as
greenbelt, including 40 miles of hiking, riding, and training trails; and about 400 acres for an
Olympic caliber equestrian center, small boat harbor, clubhouse facilities, and other
development features. The Project would also include 2,285 acres leased from the Farmers
Reservoir and Irrigation Company (FRICO), including 800-acre Milton Reservoir and adjacent
lands for recreational purposes.
:i.
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2
SITE DESCRIPTION AND BIOTIC COMMUNITIES
The Project site is located in rolling sandhill prairie adjacent to Milton Reservoir. Dominant
species are prairie satdrecd, Indian ricegrass, sand bluestem, needlegrass, cheatgrass, and sand
sage. The site apparently has a history of cultivation and grazing, with evidence of overuse
(ERO, 1995), e.g., extensive establishment of cheatgrass and reseeding with crested wheat and
smooth brome. Most of the site which is to be subdivided for housing is in this vegetation type,
west of the Platte Valley Canal.
Secondarily dominant biotic communities are cottonwood and pcachleaf willow woodlands
located on much of the reservoir periphery and along over a mile of the Platte Valley Canal
above its inlet to the reservoir. Woodlands on the reservoir periphery have likely developed,:on
periodically exposed shoreline and peninsular sites where bare, moist substrates are made Fi
available and are maintained by an elevated ground-water table supported by the reservoir.. A
mature riparian woodland exists along the Platte Valley Canal,probably supported by seepage
from the canal and the elevated ground-water table. This corridor lies in a pre-existing natural
drainage, along which the riparian woodland may have originally established.
• When the reservoir is filled, significant portions of the riparian woodland are inundated by a
rising water table, creating a forested swamp of pools and depressional and backwater wetlands.
The combination of living and standing dead trees, shrub understory, and water provides
diversified, multi-structured nesting, feeding, and loafing habitat that is valuable for a variety of
bird species, including cavity-nesters, waterfowl, waders, riparian species, and raptors. An
active heron and double-crested cormorant rookery occupies portions of the riparian/backwater
corridor. Beaver also use this corridor. The structured habitat of the corridor in what is
otherwise open grassland provides important cover to a variety of mammalian species for
movement, cleaning, resting, and as storm cover. At the same time, the seasonal extended
periods of inundation caused by filling the reservoir to higher levels than have typically been
maintained in the past, are resulting in the loss of numerous trees, including some being used
for nesting by herons and cormorants. Unless suitable alternate nest trees arc available at
higher elevations above the water table or establish outward from current locations, tree nesting
habitat may ultima!:cly diminish.
Likewise, the peninsular sites, particularly the one in northwest Section 15, provide a
combination of woodland and secluded coves, seasonal backwaters or wetlands, and ponds.
Wildlife use of the Section 15 site appears to be high. Numerous waterfowl use the sheltered
coves. Bald eagles, federally listed as threatened, use the peninsula for hunting perches and
probably for nocturnal roosting. It is not currently known whether communal nocturnal
roosting occurs at this or any other sites around the reservoir. An active heron/cormorant
rookery occurs on this peninsula as well.
A variety of waterfowl use the reservoir, including geese, cormorants, white pelicans, and
dabbling and diving duck species. The shoreline likely supports an unknown level of use: by
shorebirds and wading species, as well as various mammalian and amphibian species. Sheltered
coves and wetland sites afford protected feeding, resting, and nesting sites.
992058
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3
Scattered emergent wetlands and ponds (estimated 34 acres) are found on other portions of the
site in depressions and in association with seepage from the Evans Ditch and West Spear Canal,
predominantly in the eastern portion of the Project, east of the riparian corridor(ER0, 1995):'
These wetlands are usixi by species such as waterfowl, wetland passerines, Woodhouse's toad,
etc. The largest extent of wetlands is found below and near the dam, both on and adjacent to
the site, where the water table is maintained at or near the surface.
pOTENTIAl,ATLVERSE PROJECT IMPACTS
Several unique and important wildlife habitats or sites are present within the Project area that
could be adversely impacted either directly or indirectly as a result of development These
include the forested riparian/backwater corridor found along the Platte Valley Canal from the-
inlet into Milton Reservoir to approximately 1.25 miles from the inlet; a woodland/wetland 4
peninsular complex in section 15; and Milton Reservoir itself.
PLATTE VALLEY CANAL RIPARIAN/WETLAND/SACKWATER CORRIDOR
This corridor remains the property of FRICO and is not part of the Project. Nonetheless, the
Project will develop land immediately adjacent to this corridor, including residential..
development along its west side, road crossings through the middle of the corridor and at its.,
northern end, another road along the east side of the corridor, a small boat harbor near the inlet
or southern end of the corridor, and nearby recreational facilities.
While few direct impacts to the riparian corridor are currently anticipated, indirect adverse
impacts are inevitable. The riparian corridor is probably no more than 200 yards wide.at its
greatest width, but in many places probably half that. Yet the structural diversity and wetland
characteristics make this an extremely important wildlife habitat and movement corridor.
Encroachment on this narrow but important corridor by an 800-home development, along with
attendant roads and recreational facilities, will have a profound disturbance effect on the
corridor. Proposed development plans were to plat residential lots beginning at 100 feet from
the property line at the western edge of the riparian corridor. Structural setbacks will be
another 100 feet from the edge of the lot. A future golf course is also under consideration,for
location near some portions of the riparian corridor.
The close proximity of intensive human activity to what is now a relatively undisturbed site is
likely to cause a significant reduction in use of the riparian/backwater corridor by wildlife.
Some species will adjust to the proximal disturbance as long as activity is precluded from the
riparian corridor itself. Some species are, however, more sensitive to disturbance, or are more
sensitive during certain life cycle activities, such as nesting. The Service and Division are
especially concerned that close proximity of human activities could cause abandonment of the
heron/cormorant nokery now active in the corridor, or loss of use by large raptors, including
bald eagles. Dogs and cats, if not closely controlled, could have a major negative impact,on°;';,'
wildlife in the corridor, particularly on waterfowl, ground nesting birds, and many mammals
which use the con idor. Without proper planning, nonpoint runoff from lots, roads, and
recreational facilities could adversely affect water quality of the wetland/backwater complex'
found in the corridor. +; ( ;
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4
SECTION 15 PENINSULA
This is also a high value—highuse habitat. As with the riparian/bacicwater corridor, this
peninsula is a multi-layered habitat with abundant water. The peninsular formation increases
the isolation of the site and affords sheltered coves and seasonal pools and wetlands which are
very attractive to waterfowl and other species. A heron/cormorant rookery is also found at the
site. Its seclusion, large trees, extension into the reservoir, and proximity to high waterfowl use
all make it a valuable hunting, loafing, and roosting site for bald eagles and, perhaps, ospreys.
The District has considered the possibility of using this peninsula for a recreational site, and has
it under lease front?RICO for that purpose. Trampling, physical destruction of babitat,$d
most importantly, the intrusion of intense human activity directly into the site would likely V
cause a loss of much of the existing wildlife value of the site. While the Environmentally i
lytl� n
Review and Evaluation (ERO, 1995) suggests that tuning restrictions could be used to,avoi4
impacts to the rookery and bald eagles, this may prove somewhat impractical. Bald eagksuse
the site from November to March. Herons and cormorants are likely to use the site froth March
into the summer months. This would significantly narrow the available window for human use.
Further, the activity on the peninsula from mid-summer to early fall would adversely affect,its
use by waterfowl, other bird species, deer, and other wildlife. Some seasonally flooded slid
would probably have to be altered and eliminated to provide for road or trail access.
MILTON RESERVOIR
This irrigation reservoir is leased from FRICO by the District for recreation use. The reservoir
is heavily used by a wide variety of waterfowl and shorebirds probably feed and nest on
portions of its shoreline. Bald eagles and, perhaps, ospreys feed regularly on fish and
waterfowl at the reservoir. Development and increased recreational use of the reservoir will
inevitably impact wildlife use of the reservoir. Current Project plans are to limit boating to
hand and sail-powered boats, and motorized boats of 5 hp or less. This will cause far less
disturbance than would the use of high-powered motorized craft and water skiing activities.
Nonetheless, the im reased human presence will likely alter behavioral patterns of waterfowl in
particular. The greatest effects would likely occur where recreational activities intrude into
sheltered high-value sites, such as coves and peripheral emergent or wooded wetlands or
swamps. These are often sites of,shelter and protection, and may afford especially valuable
feeding and nesting sites. Intrusion into these sites may have a disproportionately negative
effect on waterfbvi and wading bird populations.
TILE REMAINDER OF THE PROJECT SITE
Approximately 3,C00 acres of sandhill prairie will be encompassed within a residential housing
community. To a large extent, use of this habitat will be largely lost to many species. Project
plans call for a network of open space and trails. Depending on the design and layout of those
greenbelt areas, some residual wildlife use may be promoted and retained.
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•
AGREEMENTS AND RECOMMENDATIONS
Following are protective measures agreed to among all parties. These measures will be
incorporated in a memorandum of agreement, provided as environmental commitments in
NEPA documents pre,ured for the Project. and implemented as stipulations of Secretarial assent
for inclusion in the Conservancy District.
•
RIPARIAN AND BACKWATER CORRIDOR ALONG THE PLATTE VALLEY CANAL,
•
Provisions Agreed to Among All Parties lye
• The corridor stall be maintained as an exclusion zone. It is our understanding this
•
corridor is not part of the development and is, therefore, not under District control. The
Service and Division understand that FRICO retains the rights to perform essential
maintenance within and adjacent to the Platte Valley Canal. We do request that the
District work with FRICO to undertake said maintenance in a manner that will maintain
the habitat values of the corridor. CDOW and the Service remain available for assistance t,
in planning to minimize impacts to wildlife resources.
Should the opportunity to acquire this corridor or some control thereof be afforded, the
corridor should be maintained as protected wildlife habitat, where all development and
human activities are excluded. It is highly desirable to obtain fee title or a conservation
easement in order to permanently protect the zone from development.
• An nndeveloa
ripagigigbaekwai rridor nd Il 1��1t'=t and rrsldcttial mronerty. The
purpose of this buffer will be to provide a zone of minimal human disturbance around the
riparian/backwater corridor to help perpetuate use of the corridor by a variety of wildlife;
and to help prevent water'quality degradation of the aquatic habitats in the corridor as a
result of non-point source runoff. The following buffers are agreed to among all parties
and will be incorporated into Project design. All boundaries referred to in the following
agreements correspond to surveyed boundaries as shown in the revised boundary survey
(4/18196) performed by Landmark Engineering Ltd. for the Beebe Farms Metropolitan
District to delineate buffer zones and setback areas. Boundaries between buffer zones arc
depicted as break lines on the survey.
Buffer Zone 'L: From the canal inlet(approximate termination of the riparian/backwater
corridor) upstream to the crossing of Beebe Draw Farms Parkway, the undeveloped buffer
between the surveyed Project property boundary at the edge of the riparian corridor and
any development will be 300 feet. It will be comprised of a perpetual undeveloped buffer
of 200 feet between the Project property boundary at the edge of the riparian corridor and
residential lots or other Project development, and an additional required setback of any
structural improvements of at least 100 feet from lot boundaries. (This buffer is referenced
on the Project survey, revised 18 April, 1996, as Buffer and Setback Zones B and G)
mkt
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6
The buffer should be 300 feet between the surveyed Project property boundary at the edge
of the riparian corridor and the small boat harbor, all recreation facilities, and any other
site of intense or concentrated activity. It will be comprised of a perpetual undeveloped
buffer of 200 feet between the Project property boundary at the edge of the riparian
corridor and Project facilities, and an additional setback of any structural improvements of
at least 100 feet from the buffer boundary. Where the specified buffer width of 300 feet
does not exist between the property boundary at the riparian corridor and plannrd
facilities, no construction shalt occur or facilities be placed between the harbor and the
riparian corridor except as agreed by all parties.
Buffer Zone 2: From the crossing of Beebe Draw Farms Parkway, approximately'0,75,
75,
miles from the inlet, to approximately 0.5 miles upstream of the Parkway (at tbe1, y
break line), or where the riparian forest largely ends, the undeveloped buffer be ,. ntbe
surveyed Project property boundary at the edge of the riparian corridor and any; `; :5-
development will be 200 feet. It will be comprised of a perpetual undeveloped buffef.Of
100 feet between the property boundary at the edge of the riparian corridor and residential
lots or other Project development, and an additional required setback of any structural
improvements of at least 100 feet from lot boundaries. [This buffer is referenced on the
Project survey, revised 18 April, 1996, as Buffer and Setback Zones C and F]
Buffer Zone 3: From approximately 1.25 miles from the inlet (survey break line), or
where the riparian forest largely ends, upstream to the northern Project boundary, the
buffer between the surveyed Project property boundary at the edge of the riparian corridor
and any development will be 150 feet. It will be comprised of a perpetual undeveloped
buffer of 50 feet between the Project property boundary at the edge of the riparian corridor
and residential lots or other Project development, and an additional required setback.of any
structural improvements of at least 100 feet from lot boundaries. (This buffer is referenced
on the Project survey, revised 18 April, 1996, as Buffer and Setback Zones D and E]
• hitivity permitted within the riparian buffer zone shall be consistent with the
objective of minimizing disturbance to wildlife using the riparian/backwater corridor.
Covenants or plat restrictions for the development, as filed with Weld County, will
designate the riparian corridor and its buffer a wildlife protection zone. Human activities
will be restricted from the riparian buffer zone in order to provide wildlife in the riparian
corridor with some insulation from human activity. The buffer will be signed along its
outer perimeter adv
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•
Additional Recommendations
• The Service and Division consider the above agreed buffer widths as minimums
necessary to help perpetuate use of the riparian/backwater corridor by wildlife, including
colonial nesting birds. We believe greater protective widths are desirable, particularly at
sensitive sites anti where disturbance levels are likely to be high(such as recreation sites).
Although not required by this agreement, the Service and Division would appreciate
any increase in buffer widths that the District and project planners could
accommodate in project design, particularly at such sites. As buffer widths are increased,
retention of wildlife use in the corridor will likely increase as well.
• The Service and Division desire that buffers (including setbacks) not include any roads
or other development features.
• The Service and Division recommend that covenants require that the 100-foot setback
of residential lots be maintained in or reseeded to native herbaceous and woody
species.
• • Planting tall, high value native shrubs, such as wild plum, in the buffer near the edge
of the riparian corridor should be considered to increase visual and sound isolation of
the corridor, and to add bird nesting habitat and food resources. Such planting should
be undertaken in consultation with CDOW.
• Prgject planning should incorporate carefully designed plans to prevent water quality
degradation or the wetland/backwater corridor resulting from nonpoint runoff from
residential lots, streets, or boat harbor facilities. To prevent water quality degradation,
pesticides, herbicides, and fertilizers should be carefully controlled on all Project lands
where exposure to water could result through direct application, wind drift, surface water
runoff, and percolation to ground water with subsequent transport to surface water bodies.
• We recommend constructing a foot path beyond the outer edge of the buffer along the
east side of the riparian corridor, where the buffer is adjoined by common property.
This would likely help minimize activity within the buffer while encouraging walking and
jogging at a safer viewing distance from the riparian/backwater corridor.
• Observation/picnic decks might be constructed at elevated sites with common access
along either slide of the riparian/backwater corridor. Such facilities can encourage
interest in wildlife while providing viewing opportunities at safe viewing distances.
SMALL BOAT HARBOR
Provisions Agreed to by All Parties
• Construction, initial dredging. and maintenance of the boat harbor andits inlet shall
�pjmi7e rfIE oval of trees and other native vergtation.
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8
• The harbor shill ns i be enlarged ' r"^rh"� "^"*oach on the rioan1an�hackwatPr
corridor. Any required enlargement should be to the north or east.
• Structures and other developments associated with or surrounding the boat harbor
(ln d udy ing_slios boathouses. repair/maintenance facilities. and roads) shall be limited
to the immediaitharbor shoreline, and will not encroach on the riparian/backwater
corridor. If an access or maintenance road is required. it shall be placed at the periphery
of the harbor.
• Although the Service and Division prefer that road access to the peninsula adjacent to the
boat harbor not be constructed, we understand that an oil company with mineral lease
rights on the property intends to build an access road to the peninsula. We further
understand that this road will then be retained by the District for resident access to the
recreation area on the peninsula and that the oil company will restore disturbed sites after
construction. We have been assured this road will not approach the riparian corridor
closer than aprozimately 250 yards. Basedon this distance. we agree that an arr,-ss
road introdurcaanplabitlevel of disturbance provided thaistheLfacwies
(recreation. peeking. boat launching etc 1 are maintained at maximum possible
difitaneera0111 the riparian corridor.
Construction should be limited to the minimum required right of way immediately adjacent
to the cove (boat harbor), minimizing disturbance of the riparian corridor. Construction of
the road should occur in late summer or fall, after the nesting season is completed.
Construction prior to that time may cause abandonment of the rookeries in the corridor.
Designs for use of the harbor area by residents should be such that activity near the
riparian/backwater corridor, particularly around the west and northwest portions of the
harbor, be minimized.
• There shall by no surface water connection directly between_the harbor and the
riparian(tadcwater corridor to help prevent water quality degradation of that corridor.
• Fuelingtonctssions or operations shall not be permitted at the lake.or the harbor to
minimize waux quality degradation and the chances of inadvertent oil and gas spills.
• Ac ivities n t operations at and near the harbor shall be renuiated to minimize
djalgthancgip wildlife in the riparian/backwater corridor.
Additional Recommendations
• A single'attach and take-out facility should be on the east or north sides of the harbor
or at another nonsensitive site on the reservoir, and should not encroach on the
riparian/backwater zone. A less preferred alternative is immediately south of the harbor.
It should not be placed on the northwest or west sides of the harbor.
892058
SENT BY: 5-24-99 ; 8:36AM ; USFW GOLDEN- 1 970 339 7208;4 9/13
9
• Parking facilities. The Service and Division understand Project planners intend to place
the parking facility immediately contiguous to the harbor, along its northwest shoreline.
We have been assured this location will be at least 200 feet from the riparian zone Q. Fell,
August, 1996, pers. comm.). Although this site is preferable to the previously indicated
site on the west shoreline, we continue to recommend a site closer to the clubhouse,
north/northeast of the harbor. A parking facility to the western side of the harbor will
substantially increase activity near the riparian/backwater zone. A secondary but less
preferred alternative would be on the peninsula, south of the harbor.
• Plant native trees and shrubs on the west and north sides of the harbor. Maintaining a
grove of trees and shrubs along the west and north sides of the harbor may encourage some
nesting and provide an important visual buffer between harbor activity and the riparian
corridor. Proximity of disturbance can often be ameliorated by interrupting the line of
sight between disturbance and sensitive wildlife use sites. Such vegetative buffers also
tend to absorb sound, thus diminishing sound disturbance.
BEACH AND RECREATION AREA
Provisions Agreed to by All Parties
• This facility shall be located at the eastern eninfilm.peninsula adjacent to the amaH
hoat harbor to minimize disturbance to site vegetation communities and wildlife.
Additional Recommendations
• Access to this area should be a footpath from the small boat harbor facility or, better,
a footbridge over the harbor Inlet from the clubhouse site. This would provide easier
access„ a unique vantage, reduce congestion around the harbor, and keep people further
from the riparian/backwater corridor. The Service and Division recognize that use of
sailboats may make diffclit or preclude a footbridge over the harbor inlet.
• Vehicular access beyond the launch/take-out facility should be limited to the
immediate periphery of thetsmal boat harbor, as may be required for maintenance
activities. Restrictions on public vehicular access to the peninsula is desirable.
DEVELOPMENT ALONG THE LAKE SHORELINE BETWEEN THE CANAL INLET
AND SOUTHERN PENINSULA (Lake Front Drive Area)
Provisions Agreed to by All Parties
• A proposed buffer of 100 feet between the surveyed Proiect nronerty boundary and
residential lot:;, and a further 100-foot setbacktrom lot edge to anv structural
improvement. are acceptable In this area to the Service and Division as minimum
protective buffets,
eta,
• The permete buffer ah tl be nerpetnally maretained in native veg ��Non
992058
SENT BY: 5-24-99 ; 8:36AM ; USFW GOLDEN- 1 970 339 5208;#10/13
10
•
Additional Recommendations
• An observation/sitting/picnic deck or decks might be placed at an elevated vantage
beyond the buffer, at a point of common access, to encourage viewing of the lake and
wildlife at a safe viewing distance.
SOUTHERN (SECTION 15) PENINSULA
Provisions Agreed to by All Parties
MI development on and access to this peninsula shall be precluded. No roads, trails or
structures will be constructed on or to the peninsula. Because the peninsula is a valuable
wildlife area, it shalt be perpetually protected as a wildlife preserve. Covenants will designate
this peninsula a wildlife sanctuary and restrict all recreational activities from the peninsula The
peninsula will further be signed to exclude access to the peninsula either from the development
side or from the lake_. The peninsula and adjacent coves will be designated off-limits to boaters.
It is the understanding of the Service and Division that this site has been dropped from the
Project and is no longer a part of the Project. However, we also understand that the'site
remains under lease by the District from FRICO. Should the opportunity be available, the
Service and Division strongly encourage the District to acquire long-term protection for this site
through acquisition and restrictive deed covenants, or conservation easement mechanisms.
MILTON RESERVOIR
The Service and Division understand that the District has no ownership control over Milton
Reservoir or adjacent properties not owned by the District. Nonetheless, the District is leasing
recreation rights to this facility. As such, District use of the facility has the potential to directly
and adversely affect the facility and the wildlife and their habitats associated with the facility.
Consequently, the Service and Division request that certain protective measures be emplaced for
use of the facility, under agredment with FRICO as may be necessary. These measures will
help protect not only wildlife and their habitats, but the facility itself.
Provisions Agreed to by All Parties
• Covenants or use rules will preclude use of the lake_shoreline.except at the beach all
recreational facility, in order to maintain physical and vegetative integrity of the,shoreline
and protect wlildlife habitat. Boat docking will be prohibited except at the boat harbor.
Without careful planning and use restrictions, shoreline degradation will be inevitable,
resulting in shoreline erosion and lost habitat for waterfowl, shorebirds, and other wildlife.
• Operation of boats will be limited to hand. wind. electric. or S hp or smaller gasoline
MM. This will help minimize disturbance to wildlife. However, because gasoline.
powered motors introduce significant quantities of oil and gasoline into the aquatic
environment. we still recommend limiting boats to hand, wind, and electric power... Both
water supply and aquatic wildlife habitat can be better protected by avoiding use of
gasoline powered craft on the lake.
992°5$
SENT BY: 5-24-99 ; 8:37AM ; 11SEW GOLDEN 1 970 339 5208411/13
•
11
Additional Recommendations
• High value/high use areas for waterfowl, wading birds, or other wildlife should be
identified and access restricted to all boating and other recreational activities.
Peripheral emergent or wooded wetlands, high value coves, and other important wildlife
use sites should lie designated off-limits to boating and other recreational activities in onler
to provide protected zones for feeding, nesting, and sheltering of waterfowl, wading birds
and other species. Such designations should be accomplished jointly with CDOW.
Other Protective Measures Agreed to by All Parties
• Covenants shall include a mandatory leash law. Provisions should include penalties for `--„
owners of any pets chasing wildlife or otherwise running free.
• Covenants shall rohihi fen ee�s excep and ex 1 scion zones dog runs, and horse
paddocks. to periultfree movement of wildlife. All such fencing on private lots shall be
adjacent to houses. Such restrictions in other developments have shown wildlife use of
fence-free developments is typically far greater than in developments with fences. Design
of fences on common property should consider the need for wildlife movement (consult
CDOW's District Wildlife Manager).
• Hunting will be prohibited jvithin the development.
• Covenants shalli require that private. buffer_ and open space t!round_hn maintained in
native vegetat(en, wi h h -exception t at of private lets may be law c apes.
Certain plantings may be desirable to enhance wildlife habitat, but should be determined in
consultation with CDOW.
• Development and otheractivity shall avoid all wetlands(floodplain/riparian,
depressional, shoreline). 'Wetlands are valuable as wildlife habitat, for ground water
recharge, and in maintaining water quality. Buffers of natural vegetation shall be
-maintained between all wetlands and any development orbiehtuse nettvity. Width lrf
buffershulters_gault at kast 100,feet. Depending on the nature of the wetland, adjacent
development, arid functions and values being protected, it may be desirable that buffer
widths be increased. Appropriate buffers can be determined in consultation with the
Service, CDOW', and Corps (where 404 permitting is involved). Activities will not •
degrade wetlands or their peripheral vegetation cover Existine'horse trails are
accepted by all D roes }trovided hat activides to maintain and upgrade tr a(le do n�
degrade wetlands or their peripheral vegetation cover,
Where Project actions will necessarily affect wetlands or "waters of the United States"
(e.g., at the snudl boat harbor and road crossings of the Plane Valley Canal), it should be
recognized that a permit may be required from the U. S. Army Corps of Engineers under
Section 404 of the Clean Water Act. Such permit applications will require review by and
coordination with the Service and Division in compliance with the Endangered Species and
Fish and Wildlife Coordination Acts. Mitigation for any adverse effects to these sites may •
992058
SENT BY: 5-24-99 : 8:38AM ; USFW GOLDEN-' 1 970 339 5208:#12'13
•
12
also be required. Therefore, we recommend advance coordination among the applicant,
Service, Division, and Corps regarding any 404 permitting actions to achieve a consensus
approach to each action.
Additional Recommendations
• Open space/riding trails/movement corridors. Open space and riding trails will be
incorporated into development plans. If designed correctly, these could retain significant
residual wildlife habitat and provide important movement corridors for wildlife through the
development. iCorridors should be as wide as possible, retain native vegetation, be
continuous, and connect key wildlife use areas. Consultation with CDOW's District
Wildlife Manager is highly recommended in designing these open space areas. 'Both`the
feeling of openess provided and the increased wildlife use that is likely to result should be
positive features for the development.
• We highly reo,mmend that Project planners coordinate with the Service and Division
Partners for Wildlife/Private Lands programs headquartered at the Division's State
Office In Denver. These programs are designed to assist private landowners in developing
or improving wildlife habitat consistent with their other land use goals. The programs can
offer expertise, design, assistance in implementing design plans, and funding for habitat
improvement projects.
Protective measures and restrictions should be included in the environmental assessment as
environmental commitments and should be written into covenants and development plans (along
with enforcement mechanisms) to ensure both permanence and enforceability. We recommend
these measures then be formalized in a document to which participating entities are signatory.
This document should be appended to NEPA documents and any §404 permits. Its provisions
may be incorporated as permit stipulations by reference.
Thoughtful planning designed to maximize continued use of the Project site and its vicinity by
wildlife is likely to be a positive and enhancing feature of the Project. The Service and Division
appreciate any cooperation by developers in protecting wildlife and its habitat, and are available
to offer assistance ix protection and enhancement efforts.
Attachment: Concurrence of the Colorado Division of Wildlife
cc: ES/State Supervisor
CDOW/Nottheast Region( Attn: Kari Doerr/Cotutuey Crawford/lerry Craig)
COERridskes Office(Ann: Tim Carey and Sandra Laney)
EPA/Reg. 8(Ann: Sarah Fowler)
Pile: BR/Beebe Draw
Reading Pile
PA7TON: Consults\beelxpam.wpd: 9/26/96
992x.-
SENT BY 5-24-99 ; 8:38AM ; USFW GOLDEN- 1 9M 339 5208,413/Id
STATE OP COLORADO REFER o. -
Roy Romer,Governor J���
DEPARTMENT OF NATURAL RESOURCES (}� s0e
DIVIAN SWAL SION OF WILDLIk'�; ���`
Jobs W.Mama„Dear NORTHEAST REGIONAL OFFICE
A .`,:..':.k-''
4003 Broatemy 317 west Prospect 9P.,
Dq ar,Colorado IIPrt6 Fort Want,Cobrado 80526
Tele9 003)297-LIST (970)4844836 For Walk,
FAX(970)490-2621 For Pe iplg
!tti
l
.
STATEMENT OF CONCURRENCE N
x..t ri:
cat l
Per the requirements and authorities of the Fish and Wildlife Coordination Act, the Colorado t`bt iFst
,•J 4:
Division Wildlife and U.S. Fish and Wildlife Service developed a joint set of recommendations':t+n'Si +s-:
stipulations to minimize; impacts ,. ` '"i
to wildlife associated with the Beebe Draw Farms housing ) .3_:%7:.
These recommendation;and stipulations are reflected in this Planning Aid Memorandum for * t;
Draw Farms and Equestrian Center, dated September 1996, prepared by the U.S. Fish and z `^
Pmj protective measures be ' u'` '`
Service for the eel. The Division intends that these u►catporated-. ...%.•?-
the planning and development of the project. The Planning Aid Memorandum effectively expel ii
the concerns of the Division for project impacts to wildlife and represents the position of the
Division concerning protective measures to be implemented for the project. Consequently, the
Division hereby provide its formal concurrence in the analyses, stipulations, and recommendations
contained in this memorandum for the Beebe Draw Perms project. .
4,;_cl.C.. lann.. , .
Kari Rae Doerr i
Environmental Biologist
Colorado Division of Wildlife
November 11, 1996
h. - \019202/,,0 ,
GOLDEN CO 80401 ` \6\� Vic? .
y r
ct 1j;.-Op 490a m
9S6Ezt` it
'l
DEPARTMENT OP NATURAL RESOURCES,lama S.Laohhead,Executive Disgor ',
+,
WILDLIFE COMMISSION:Arnold Salazar.Chairnma;Rsmwca Prank.Vigo Chairman; Mark LeVel cy,Seelotsi7i t'�b": •
Mambos:Jame Leaman Boyd Jr., Thorns.M.Eve, wdlism R.Ecorse. John Swlp. Louis Swill,John R Is' w , vw
rl
992058
0
v & I;47 cr(
eld County Planning Dept.
JUN 15 1999 eld County Referral
(„4,61718 Tio
x
0 :' off , April 30, 1999
r. St \5:0 It)
COLORADO �` °`d ��
The Weld County Department of Planni ‘--„7„Services has receive
d the following item for review:
Applicant Beebe Draw do Jim Fell Case Number S-492
Please Reply By 'May 21, 1999 Planner Monica Daniels-Mika
Project S<etch Plan for PUD
Legal Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W
•
Location 9 miles south of Greeley, approximately at the intersection of Weld County Road
33, Weld County Road 39, and Weld County Road 32 (located next to Milton •
Reservoir) of the 6th P.M., Weld County, Colorado.
Parcel Number 1213 05 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
O See attached letter
Comments: l 1 _
"(Ft 85 Access Control Plan shot-Lick bz consc -k1Z-cl it
(AP*trvvii v how r -1-Allis proposal ma-1 2--eci-e_d
Signature40-1.A.-6- t,a A CL--- Date (0/I0igci
Agency air)oT
9Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 9(970)304-6498 fax
992058
•
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY GeDepai t enof of erals and Resougy
rces
Department of Natural Resources
1313 Sherman Street,Room;'15 May 25, 1999
Denver,Colorado 80203
Phone:(303)866.2611
FAX:(303)866-2461 DEPARTMENT OF
Ms. Monica Daniels-Mika NATURAL
Weld County Pluming Department RESOURCES
1555 N. 17th Ave p Bill Owens
Governor
y Greele , CO 80631 a; r2 J / Greg E.Watcher
i...-.� Executive Director
Michael B.Long
Division Director
Re: Beebe Draw, Filing No. 2
Vicki Cowart
CGS Review No. WE-99-0048 State Geologist
and Director
Dear Ms. Daniels-Mika:
In response to your request and in accordance with Senate Bill 35 (1972) I visited this
property to review the plat. Included in the referral was a Report of a Geologic
Investigation prepared by Empire Laboratories, Inc (May 1985).
1) Petroleum operations. There are numerous oil and gas wells located on the property.
Circles of 300-ft radius are drawn around these wells. It is not clear whether the circles
are meant to indicate building exclusion zones. If so, this must be stated on the plat.
The wells require continual maintenance. Homeowners must be informed that large
trucks and heavy equipment will have access to subdivision roads. This should be stated
in the plat notes.
It is not clear from the preliminary plan narrative if the water supply is derived from
onsite wells. If this is the case, I recommend that the well water be tested to confirm that
there is no cross contamination from nearby petroleum wells.
2) Drainage. Nc drainage report was included in the submittal. A preliminary drai:nage
plan must be developed that shows the directions of surface flows and calculates the
volumes of these flows. There is no allowance for detention ponds on the plat; the
drainage plan should discuss detention. The site is composed of sand hills and low areas,
some of which are deflation basins. These low areas tend to collect water, as was
observed during the site visit. It is not known how the grading plan will address this
concern, as no grading plan was submitted.
3) Soil. The soil is derived from windblown sediments and consists of coarse sand and
silty sand. The coarse fraction is very subject to erosion, and the drainage plan should
include a comprehensive discussion on how this problem will be addressed. The finer
grained material, with a higher silt content, may have hydrocompaction properties, which
is the tendency of the soil to collapse when wetted.
992058
Beebe Draws Farms,Filing 2,
CGS has not seen any geotechnical investigation that discusses the soil properties, and
filing 1 is too sparsely developed to assess how the different soil types will affect
foundations and roadways. At the least, a preliminary subsurface investigation should I
performed that includes drilling of a minimum of 50 boreholes and encompasses
sampling and geotechnical testing. Depth to bedrock and depth to groundwater should
indicated where these horizons are encountered.
4) Wastewater treatment. Two previous CGS reviews of Beebe Draw Farms Filing 1,
dated June 18, 1985 and March 20, 1989, stated that scope of the subdivision warranted
construction of a wastewater treatment facility, as opposed to relying on individual sept
systems. I agree with this conclusion; however, I understand that it will be some years
before filings 1 and 2 are completely built out. It would be worthwhile to have some
commitment from the developer(or future developer) that Beebe Farms will be
connected to wastewater treatment facility after a certain build--out point.
In summary, the data collection and investigative work performed at the site does not
fulfill the minimum requirements for a preliminary plan. CGS recommends that a
preliminary subsurface investigation be performed and a drainage plan be prepared
before filing 2 is approved by the County. Please call me if there are any questions.
Y rs truly,
itl
Celia reenm
Geologist
9gzo58
4 DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley353-610 , E 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
1111 C.
COLORADO
April 30, 1999
Jim Fell
11409 W. 17th Pl.
Lakewood, CO 80219
Subject: S-492 - Request for approval of a Sketch Plan for PUD on a parcel of land described as
Sections 3, 4, 5, 8, 9, 10, 15, 16, 17 T3N, R65W of the 6th P.M., Weld County, Colorado.
Dear Mr. Fell:
Your application and related materials for the request described are being processed at the present time.
Our department will be processing the Sketch Plan within 45 days in accordance with Section 28 of the
Weld County Zoning Ordinance. You will be notified by this office at the end of the 45 day period
regarding the review of the Sketch Plan.
If you have any questions concerning this matter, please feel free to call or visit.
Sincerely,
I ' (ue-&Dfc
M nica Daniels-Mika
Planner
9924058
--J BOOKCD �) L
191
7 Recorded at ....7�q
1f' �+.11
o'clo�k M, AUG .1 �) ��19/5N �� Reception No. J 1' 70 nLIU 11; Recorder.
----JOHN M. WHEELER and DOROTHY L. WHEELER,
Husband and Wife-----
whose address is 2100 East 18th Street, Greeley
County of Weld 3•State of
1-4I --- --Colorado - --;for the consideration of other good
and valuable consideration and Ten and no/100
.o dollars, in hand paid, hereby sell(s) and convey(s) to --
��
`-I JANE F. WHEELER
whose address is 2100 Fast 18th Street, Greeley County of
Weld , and State of ----Colorado----the following real property in the
County of- Weld , and State of Colorado, to wit:
O
A tract of land being a part of Lots Three (3), Four (4) and Six (6) and all of
to Lot Five (5) of the Southwest Quarter of the Southeast Quarter (SW4SE4) of
1 u Section Ten (10), Township Five (5) North, Range Sixty-five (65), West of the
l� 6th P. M. , Weld County, Colorado, according to the subdivision of land by the
Union Colony of Colorado and being more particularly described as follows:
Beginning at the South Quarter Corner of Section 10 and considering the South
line of said Section 10 to bear North 89°43'46" East with all other bearings
contained herein being relative thereto; thence North 89°43'46" East along
the South line of the Southeast Quarter of said Section 10 a distance of
426. 60 feet; thence North 00°05'59" West, 1, 128. 78 feet; thence South
89°50'15" West, 424. 70 feet, more or less, to a point on the West line of
said Lot 4; thence South 00°01'04" East, 1, 129. 59 feet to the point of
beginning;
with all its appurtenances, and warrant(s) the title to the same, subject to reservations and
restrictions now of record and current year taxes.
Signed this 19th day of Aughsti , 1975 . 'j 1
L', 1,1 WI,I ((9 (rho (
(John IV!. ` eler, a mar,ried person)
STATE OF COLORADO, }ss.
(Dorothy/L. Wheeler, a married person)
County o£ Weld
The foregoing instrument was acknowledged before me this, 19th
day of Augu4e;t , 1975 , by John M. Wheeler and Dorothy L. Wheeler,
HusbaijdMld/Wi e.
v ......... •.
'NY commiscilotJtoicpires July 8, 1976
c .
r11)/�nlskmy h;tptiand official seal.
”• •r •
• V 1' • IJ C / -�?<1r_•, X-( J '>YK G7S r J...!
,, Notary Public
.P•, r .e•'
No.897. Warranty Deed—Short Donn—Dradford Publishing Co.,1824-46 Stout Street,Denver,Colorado.-3-76 992058
to the said part ies of t ce first part in hand paid by the said parties of the second part, the receipt whereof is hereby con-
fessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell,
convey and confine, unto the said parties of the second part, not in tenancy in cononon but in joint tenancy, the survivor of O
thorn, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land (.Oa- situate, lying and being it the County of Weld and State of Colorado, to-wit: M
•. •.! tld t . r-t
'A' tract of land being part of Lots 3 , 4 and 6 and all of Lot 5 of the o
Southwest Quarter of the Southeast Quarter (SWl/4SE1/4) of Section 10,' a
'. ;Township 5 North , Range, 65 West of the Sixth Principal Meridian , Weld •
•
County , Colorado according to the subdivision of land by the Union Colony ti
'of Colorado and being more particularly described as follows: rn
Beginning at the South Quarter Corner (S1/4Cor) of said Section 10, and
considering the South Line of said Section 10 to bear North 89° 43' 46" --
East , with all other bearings contained herein being relative. thereto:
• Thence North 00° 01 ' 04" West , along the West Line of the Southeast Quarter
` (SE1/4) of said Section 10, a distance of 1 ,129.59 feet; • .: ;
, Thence North 89° 50' 15" East, 215.00 feet;
::Thence north 00° 01 ' 04" West , 200.00 feet to the North Line of the
Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of said Section 10; 1
Thence North 39° 50' 15" East, along the 'forth Line of the Southwest 'Quarter
of the Southeast Quarter (SW1/4SE1/4) of said Section 10 , a distance of
209.70 feet to a fence line ;
; ,Thence South 00° 06' 59" East, along said fence line , 1 ,328.78 feet to
the South Line of the Southeast Quarter (SE1/4) of said Section 10; .
Thence South 890 '43' 46" West, along the South Line of the Southeast Quarter .
• I (SE1/4) of said Section 10; a distance of 426.60 feet, to the Point of Beginning.
__ ., ._,,.a ,r0 8810 premises above bargained and described,with the appurtenances,unto tiresaid parties of
the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part leg
of the first part, for themselves, their heirs, executors, and administrators, do covenant, grant,
bargain and satire to and with the said parties of the second part, the survivor of Mein,their assigns and the heirs and assigns
of such survivor,that at the time of the ensealing and delivery of these presents, they are well seized of the premises
above conveyed, as of good, sure perfect, absolute and indefeasible estate of inheritance, in law, in fee simple and hive
good right,fdl power an, lawful authority to grant,bargain,sell end convey the same in manlier and form ifuro;aid,and that
the same are free slid char from ill forme and other grants, bargains, sales, liens, taxes, assessments and incumbrances of
whatever kind or nature sever, except i.. Taxes for 1971 due and payable in 1972; 2.
Reservations, restrictions, and easements of record, if any;
and the above Ibargained premises in the quiet and peacealde possession of the said parties of the second part, the survivor of
them, their assigns and tie heirs and assigns of such survivor, against all and every person or persons lawfully claiming or
to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER
DEFENI).
In Witness Whereof, The, said parties of the first part ha lie hereunto set hand and
seal the day' and year first above written. ,-j
Stghed, dertieu ILM1 f71, nthe r'rsence of ) L
State Documentary r �7 // )�- tie'—
MAR 9 - 19 -U, if (SEAL)
Dole 1 J 0 en A. Banek
._. . 1..&. b .... � J ... Yu ens Banek
..s(41tiI+YA( )
v
STATE OF COLORADO,DO, ss. The foregoing instrument was acknowledged before ins this,f a�th _ day l
County of Weld r b �•
O 7 1 1 8 0 •
: .,, 4
of March _ _._- 1971 , by -Oren A. Banek and Yulene Banek( d •
y A, VHiir LXnrf;1 . M :
n l 1'ir1 n :
< . :
Witness My Hand and Official Seal. It '
rCbt LIUtj h�u I'�)r •te' __ ___._ - -- _ -)_� ' JMy Commission L'xpues _--- --- _ ` /tell
Notaty PluhlO
Mailing Address fm y-) /1 F / ! t!-� ri - q� / bl'r'
Futur Tax Notices _ ,a_ /,<. 4,.'_____C , I _i1 91/ e-
1 , _....?t ct f/T L,orL1l. & & .? /
r
t_
WARRANTY DEED TO JOINT TENANTS--,HE c.. F. n,orckrr.CO.. Or"vcn.COLO.--SPECIAL 280154
FOCI, -- -• 6 66hO2sTe. it ; tTOO TL-6--llt'll 992O58
twat, tilt. it
Filed forMAR 9 - ). t014 e 1�,% �� AIJM SPOlv1E.
recordlt
die day __ __�._ A. 1) In _..., at o'clock ....aL .._...12ECURDER.
Reception No 1563499 p �C" ��
t,_9 tCA Z:�/-1 fLna-cd.J nrr.vnT.. mryrr Lt.\
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900( 441 :15634,`)9
Together with all and singular the heredi Laments and appurtenanees thereunto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right,.title,
interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of
the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part ies
of the first part, for themselves, their heirs, executors, and administrators, do covenant, grant,
bargain and agree to and with the said parties of the second part, the survivor of them,their assigns and the heirs and assigns
of such survivor, that at the time of the ersea ling and delivery of these presents, they are well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and lueve
good right,full power and hawful authority to grant,bargain,sell and convey the same in manor and form aforesaid, and that
the same are free and clear from all fornieT and other grants, bargains, sales, liens, taxes, assessments and inetinrbrat,ces of
whatever kind or nature seever, except I. Taxes for 1971 due and payable in 1972; 2.
Reservations, restrictions, and easements of record, if any;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of
them, their assigns and the heirs anti assigns of such survivor, against all and every person or persons lawfully claiming or
to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER
DEFEND.
In Witness Whereof, The said parties of the first part he pe hereunto set hand and
seal the day and year first above written.
mined, :team tarn OLT L is Presence of - lJ[
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STATE OF COLORADO I foregoing g ,"jp,h !
County of Weld, ss. The instrument. was acknowledged before me this I a -clay
re ; 4. ‘ 1 6i . _
of March _._ I9 71 b, .Oren A. Banek and Yulene Banek ` r y a .
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', 992059
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: BeBee Draw Metropolitan District
APPLICANT: BeBee Draw do Jim Fell
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Sections 3, 4, 5, 8, 9, 10, 15, 16, 17, T3N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Consolidated Service Plan for BeBee Draw Farms Metropolitan District One and Two
LOCATION: Nine (9) miles south of Greeley, approximately at the intersection of Weld County
Road 38, Weld County Road 39 and Weld County Road 32 (located next to Milton
Reservoir) of the 6th P.M., Weld County, Colorado.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. There is sufficient existing and projected need for organized service in the area to be serviced by the
special district;
2. The existing service, in the area, to be served by the restructured special district service plan is
adequate for present and projected needs;
3. The restructured special district is capable of providing economical and sufficient service to the area
within its proposed boundaries;
4. The area to be included in the restructured special district has, or will have, the financial ability to
discharge the proposed indebtedness on a reasonable basis.
Further, the Planning Commission finds that evidence has been presented to satisfy the following:
1. Adequate services are not, or will not be, available to the area through the county, other existing
municipal or quas-municipal corporations, including existing special districts, within a reasonable time
and on a comparable basis;
2. The facilities and service standards of the restructured special district are compatible with the facility
and service standards of Weld County which is an interested party under section 32-1-204(1);
3. The proposal is in substantial compliance with the Weld County Comprehensive Plan as adopted
pursuant to section 30-28-106, C.R.S.;
4. The proposal is in compliance with any duly adopted county, regional, or state long-range water quality
management plan for the area;
5. The restructuring of the special district will be in the best interests of the area proposed to be served
and will result in the most economically and reliable means of implementing the consolidated service.
Motion seconded by Cristie Nicklas.
992A58j. EXHIBIT
i-
RESOLUTION, BeeBe Draw Metropolitan District
Jim Fell, BeBee Draw Farms
Page 2
VOTE:
For Passage
Cristie Nickles
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 15, 1999.
Dated the 15th of June, 1999.
0/anqii1-11--‘
Jennifer Mehring
Secretary
992058
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 8
CASE NUMBER: S-492
APPLICANT: Beebee Draw do Jim Fell
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Sections 3, 4, 5, 8, 9, 10, 15, 16, 17,T3N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Consolidated Service Plan for BeBee Draw Farms Metropolitan District One and Two
LOCATION: Nine (9) miles south of Greeley, approximately at the intersection of Weld County Road 38,
Weld County Road 39 and Weld County Road 32 (located next to Milton Reservoir) of the
6th P.M., Weld County, Colorado.
Monica Daniels-Mika, Department of Planning Services, presented the Consolidated Service Plan for BeBee
Draw Farms Metropolitan District One and Two, and read the recommendation into the record. Monica stated
that The Department of Planning Services is recommending approval of the application, along with the Weld
County Attorney's Office and Weld County Finance department.
Paul Cockwell, representative of the applicant, commented that they did submit this application to be in
compliance with the State Law.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
Arlan Marrs asked if this case was forwarded to the Board of County Commissioners. Lee Morrison, Assistant
County Attorney, replied yes and explained that there was a similar Metro District for the BeeBe Draw Pud that
was approved a few years ago, but is barely getting off the ground. A metropolitan district is a form of local
government as an elected Board of Directors. He added that a Metropolitan District is a number of functions
that may include water, sewer, and may enforce road and fire safety. They do not have land-use and law
enforcement authority.
Mr. Cockwell reiterated the functions of a Metropolitan District. He added that a Metropolitan District may
cooperate with the County's Sheriffs Office and other types of law enforcement.
Fred Walker moved that the BeeBe Draw Consolidated Service Plan, be forwarded to the Board of County
Commissioners with the Planning Commissions recommendation of approval. Cristie Nicklas seconded the
motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 3:37 p.m.
Respectfully submitted
O1n; ;r .
Jecretary ng
Secretary /
1. EXHIBIT
992058I ?At
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 eitirely within Weld County, Colorado, and are described in Exhibit A attached
hereto and incorporated herein by this reference.
In accordanoe with the procedures set forth in Section 32-1203(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
•
EXHIBIT
992058 -
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°29'63" 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 2654.0E 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 li; 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 Neal 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
A-1 992058
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 258A5 feet to the end of said curve; thence tangent from said end of curve
South 43°23'58" 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 130.53 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°42'1g"—East 116.57 _
feet to the beginning of a tangent curve concave to the Northeast having a central angle of
45°22'3"anc 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
enc' 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°3222" 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°24 228"West
A-2 992058
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 65°16'00" West 155.00 feet; thence North 56°09'00" West 462.00 feet; thence
North 68°55'00" 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 anc 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 feeflo 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°2509" East 99.33 feet; thence South 33°4506" 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; .hence 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 992058
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 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; :hence 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 sad Westerly line South 53°3520" 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;"fhience 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°1126" 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°09'42"
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°0823" 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 `eet; 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
Soul:h 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 tha: 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.
992058
A-4
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 E,00k 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 10'x6 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.
892058
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 'eet 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" 'Nest 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
A(4)-1 992058
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 39.51 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°0322"
West 130.513 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"anc 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 beginnirg 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 feat; thence Southerly along the arc of said curve 196.66 feet to the end or 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°3222" 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°2821" 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" \Nest 1116.45
A(4)-2 9921)58
feet; thenooe 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" 'Nest 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 arid 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°5429" East 62.43 feet; thence North 17°31'32" East 59.77 feet; thence North 20°04'7" West
110.72 feel; 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 03°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 61052'04" 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 Ext ibit 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 992O58
South 05°34'43" East 216.02 feet to a point on said Westerly line; thence along said Westerly line
South 40°33'56" 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°2624" 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 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, except whereas listed in the District 2 Exceptions.
The above cescribed parcel contains 4120.472 acres more or less and is subject to the following
easements, .agreements and rights-of-way.
A(4)-4 992058
Deed recorded in Book 512, Page 551, (location of right-of-way cannot accurately be defined per
legal descrip:ion), 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 Recept on 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 anc 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)-5 992058
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 13, 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.
992058
A(4)-6
CERTIFICATE OF MAILING OF NOTICE OF HEARING
IN RE THE ORGANIZATION OF THE BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO. 1 AND BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 ,
WELD COUNTY, COLORADO
IT IS HEREBY CERTIFIED by the undersigned paralegal for the
attorney for the Beebe Draw Farms Metropolitan District No. 1 and
proponents for the organization of the Beebe Draw Farms
Metropolitan District No. 2 that, pursuant to Section 32--1-204 (1) ,
C.R. S . , on July 9, 1999, true and correct copies of the Notice of
Hearing on the Consolidated Service Plan were mailed first class,
postage prepaid and properly addressed to the governing body of
each municipality and special district which has levied an ad
valorem tax within the next preceding tax year and which has
boundaries w:-thin a radius of three miles of the Beebe Draw Farms
Metropolitan District No. 1 and the proposed Beebe Draw Farms
Metropolitan District No . 2 , as shown on Exhibit A attached
hereto and incorporated herein by this reference .
IT IS FURTHER CERTIFIED that pursuant to Section 32-1-
202 (1) , C.R. S . , Notice of Hearing on the Consolidated Service
Plan was mailed first class, postage prepared and properly
addressed to the Division of Local Government .
IT IS FURTHER CERTIFIED that pursuant to Section 32-1-
204 (1 . 5) , C .R. S . , letter notification of the hearing before the
Board of County Commissioners of Weld County, Colorado, was
mailed to all property owners within the boundaries of the Beebe
Draw Farms Metropolitan District No. 1 and Beebe Draw Farms
Metropolitan District No . 2 , as reflected on the records of the
Weld County Assessor and as shown on Exhibit B attached hereto
and incorporated herein by this reference, on June 24 , 1999 ,
which date is not less than 20 days or more than 30 days prior to
the hearing date .
DATED this 20th day of July, 1999 .
Respectfully submitted,
COLLINS & COCKREL, P . C.
H$$ , , Michelle L. Wadhams, Paralegal
Paul R. Cockrel , No . 1964
390 Union Boulevard, Suite 400
Denver, Colorado 80228
(303) 986-1551
992058
EXHIBIT A
Aims Junior College
c/o Mr. Bob Mitchell
5401 West 20th Street
Greeley, Colorado 80634
Central Colorado Water Sub District
Central Colorado Water Conservancy District
c/o Mr. Tom Cech
3209 W. 28th Street
Greeley, Colorado 80631
La Salle Fire District
c/o Mr. Gary Sandau
Post Office Box 414
La Salle, Colorado 80645
Weld County School District RE7
C/o Mr. Glen Hanson
Post Office Box 485
Kersey, Colorado 80644
Weld County Library
c/o Mr. Steve Cottrell
2227 23rd Ave:aue
Greeley, Colorado 80631
West Greeley Soil
c/o Ms . Sabrina Preiss
4302 West 9th Street Road
Greeley, Colorado 80634
Platte Valley Fire District
c/o Mr. David Wright
Post Office Box 448
Kersey, Colorado 80644
Platteville-Gilcrest Fire District
c/o Mr. Glen Miller
Post Office Box 407
Platteville, Colorado 80651
992058
Pawnee Fire District
c/o Ms . Sherry Burnett
Post Office Box 66
Grover, Colorado 80729
Northern Colorado Water Conservancy District
c/o Ms . Marilyn Conley
Post Office Box 679
Loveland, Colorado 80539
Central Weld County Water District
c/o Mr. John Zadel
2235 2nd Avenue
Greeley, Colorado 80631
Weld County School District RE1
1055 Birch Street
Post Office Box 157
Gilcrest , Colorado 80623
Weld County School District RE12
c/o Mr . Larry Martensen
Post Office Box 38
Grover, Colorado 80729
Weld County School District RE3J
c/o Dr. Dennis Disario
Post Office Box 269
Keenesburg, Colorado 80643
Beebe Draw Farms Law Enforcement Authority
c/o Lee Morr:_son, Esq.
915 10th Street
Greeley, Colorado 80631
Town of La Salle
c/o Ms . Dana Stencel
Post Office Box 717
La Salle, Colorado 80645
992058
EXHIBIT B
REI Liability Co.
4221 Monaco Street
Denver Colorado 80216
Jane Evans Cornelius
2430 Broadway Street
Boulder Colorado 80304
Farmers Reservoir &
Irrigation Co.
80 South 27th Avenue
Brighton Colorado 80601
Aristocrat Angus Ranch
9053 Weld County Road 34
Platteville Colorado 80651
James W. Fell
11409 West 17th Place
Lakewood Colorado 80215
Thomas A. Burk
5717 East Glenstone Lane
Highlands Ranch Colorado 80126
Harold W. Laude
4155 East Jewell Avenue
Suite 400
Denver Colorado 80222-4508
Bruce A. Kelly
Colorado Container Corp.
4221 Monaco Street
Denver Colorado 80216
Norman L. Moormeier
1370 Bellaire
Broomfield Colorado 80020
992058
JUL 19 '99 10:31 FROM WELD CO TREASURER TO 1022213039861755 PAGE.002/002
tavr '
OFFICE OF WELD COUNTY ASSESSOR
PHONE(970)353-3845, EXT 3650
Will C
FAX:(970) X1.0978
WELD COUNTY PADMINISTRATIVE
1400 N 17TH A E083E OCOLORADO
July 19, 1999
Paul Cockrel
Collins & Cockrel
390 Union Blvd Suite 400
Denver CC) 80228
To Whom It May Concern:
According to our records the property owned by Jane Evans Cornelius, whose legal description is
Pt of the E2NE4 10-3-65, parcel number 1213-10-0-00-028,pin number R0137594, is not in the
Beebe Draw Metropolitan District.
If you have any questions,please call me at 970/353-3845 ext. 3655.
Sincerely,
^
Jackie Weimer
Office Manager
cc: Lee Morrison, Weld County Attorney
innir
• '^Q41, ;1 ;,
992°58
*». TOTAL FADE.002 **
JUN 3'99 11:55 FR COLLINS AND COCKREL 3039861755 TO 19703520242 P.02/02
COLLINS AND COCKREL P.C.
PAUL R.COCKREL
TELEPHONE
ATTORNEYS AT LAW
JAMES P.COWNS 303-088-1551
ROBERT G.COLE 310 UNION BOULEVARD.SURE 400
DENVER COLORADO 80226-1556 PAUL C.RUFIEN WATS
TIMOTHY J.FLYNN BOP 3541
June 3 , 1999
DEREK G.PASSAEFI IJ
TELEFAX
303-988-1755
EMAIL
Ca dC PC@aoLcom
VIA TELEFAX NO. 970-352-0242
Lee Morrison., Assistant County Attorney
Weld County Attorneys Office
P.O_ Box 1948
Greeley, Colorado 80632
Re: Bcard of County Commissioners' Hearing on Service Plan
fcr Beebe Draw Farms Metropolitan District No. 1 and
Beebe Draw Farms Metropolitan District No. 2
Dear Mr. Morrison:
This is to confirm that the Board of County Commissioners'
hearing on the Consolidated Service Plan for the Beebe Draw Farms
Metropolitan District No. 1 and Beebe Draw Farms Metropolitan
District No. 2 is tentatively scheduled for July 21, 1999, at
10 : 00 a.m. Once the hearing has been definitively scheduled you
will arrange for completion of the Notice of Hearing which we
filed along with the Service Plan, and provide our office with a
conformed copy.
This is! also to confirm that your office will arrange for
the statutory publication of the Notice of Hearing one time at
least 20 days prior to the hearing date. Our office will arrange
for the mailing of the Notice of Hearing to the Division of Local
Government, and to the governing bodies of any municipality or
special district within a three-mile radius of the Districts, as
appropriate. We will also arrange for the mailing of the letter
notification to the property owners within the Districts, not
more than 30 days or less than 20 days prior to the hearing.
Thank you for your assistance in this matter.
Sincerely,
CO L NS COCKREL, P.C.
Micki L. wadhams
Paralegal
cc: Mr. James W. Fell
axamviltworrigalw
992058
** TOTAL PAGE.002 **
COLLINS AND COCKREL, P.C.
PAUL R.COCKREL TELEPHONE
ATTORNEYS AT LAW
JAMES P.COLLINS 303-986-1551
390 UNION BOULEVARD,SUITE 400
ROBERT G.COLE
DENVER,COLORADO 80228-1556
PAUL C.RUFIEN WATS
TIMOTHY J.FLYNN 800-354-5941
DEREK G.PASSARELLI TELEFAX
303-986-1755
E-MAIL
CandC PC@aol.com
May 28, 1999
Mr. Donald Warden
Clerk to the Board of
County Commissioners
Weld County
915 10th Street -�
Greeley, Colorado 80632
Re : Beebe Draw Farms Metropolitan District No . 1
and Beebe Draw Farms Metropolitan District No . 2
Dear Mr. Warden:
Enclosed are twenty-five (25) copies of the Consolidated
Service Plan for the Beebe Draw Farms Metropolitan District No. 1
and Beebe Draw Farms Metropolitan District No. 2 , which are
hereby filed for consideration by the Board of County
Commissioners in accordance with Subsection 32-1-202 (1 ) , C .R. S .
Additionally, enclosed is our check for processing fees in the
amount of $500 , pursuant to Section 32-1-202 (3) , C .R. S .
We understand that the Board of County Commissioners will
set the public hearing on this matter at its next regular public
meeting, following final action by the Planning Commission,
pursuant to Section 32-1-202 (1) , C.R. S . It is our understanding
that , upon receipt of this letter, you will forward the copies to
the Planning Commission.
The following documentation is also enclosed for use by the
Board of County Commissioners in consideration of this matter :
1 . A Petition for Approval of Consolidated Service Plan.
2 . Transmittal to the Division of Local Government with
Notices of Filing of Special District Service Plan,
which is to be sent within five days of this filing,
pursuant to Section 32-1-202 (1) , C.R. S .
992058
COLLINS AND COCKREL, P.C.
Mr. Donald Warden
Clerk to the Board of
County Commissioners
May 28 , 1999
Page 2
3 . Notice of Hearing for issuance once the hearing has
been scheduled.
4 . Proposed Resolution for adoption by the Board of County
Commissioners approving the Consolidated Service Plan.
If you have any questions regarding any of the above, please
contact me . Thank you for your assistance and attention to this
matter.
Sin ely,
Paul R. Cockrel
Enclosure
cc : Colorado State Auditor (w/Service Plan)
Division of Local Government (w/Service Plan)
Monica Daniels, Planning Director
Lee D. Morrison, Weld County Attorney
Beebe D.:aw Farms Metropolitan District
992058
PETITION FOR APPROVAL OF CONSOLIDATED SERVICE PLAN
IN RE THE ORGANIZATION OF BEEBE DRAW FARMS METROPOLITAN DISTRICT
NO. 1 AND EEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 , WELD
COUNTY, COLOPADO
TO: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Pursuant to the provisions of Part 2 of the Special District
Act, more particularly, Sections 32-1-202 and 32-1-207 , C.R. S . ,
the persons proposing (i) certain material modifications to the
Service Plan of the Beebe Draw Farms Metropolitan District No. 1
and (ii) the organization of the Beebe Draw Farms Metropolitan
District No. 2 in Weld County, Colorado, by their attorneys,
Collins and Cockrel , P. C. , submit the Consolidated Service Plan of
such Districts, and respectfully petition the Board of County
Commissioners of the County of Weld for a Resolution of Approval
thereof and certain other preliminary actions relating thereto.
In support of this Petition, the Petitioners state :
1 . That on May 28 , 1999, there was filed with the County
Clerk and Recorder for the Board of County Commissioners of Weld
County the Consolidated Service Plan for the Beebe Draw Farms
Metropolitan District No . 1 and the proposed Beebe Draw Farms
Metropolitan District No . 2 .
2 . That the Consolidated Service Plan fully complies with
all provisions of Part 2 of the Special District Act, more
particularly, Sections 32-1-202 and 32-1-207, C.R. S .
3 . That the processing fee required by the County in the
amount of $500 has been deposited with the Consolidated Service
Plan.
WHEREFORE, the Petitioners request the Board of County
Commissioners to enter such orders as may be necessary or proper
preliminary to, and in connection with, a Resolution of Approval
of the Consolidated Service Plan of the Beebe Draw Farms
Metropolitan District No. 1 and Beebe Draw Farms Metropolitan
District No . 2 , including providing written notice of the hearing
to the Division of Local Government pursuant to Section 32-1-
202 (1) and to all interested parties, and making publication of
992058
the hearing as required pursuant to Section 32-1-204 (1) , C.R. S . ,
and submitting the appropriate report to the Division of Local
Government pursuant to Section 32-1-202 (1) , C.R. S .
Respectfully submitted,
COLLINS AND COCKREEL,, P . C.
By CR �(�i/�
Paul R. Cockrel , No . 1964
390 Union Boulevard
Suite 400
Denver, Colorado 80228
(303 ) 986-1551
Attorneys for Beebe Draw Farms
Metropolitan District No . 1 and
Beebe Draw Farms Metropolitan
District No. 2
4924058
2
COLLINS AND COCKREL, P.C.
PAUL R.COCKREL TELEPHONE
ATTORNEYS AT LAW
JAMES P.COLLINS 303-986-1551
390 UNION BOULEVARD,SUITE 400
ROBERT G.COLE
. DENVER.COLORADO 80228-1556
PAUL C RUFIEN WATS
TIMOTHY J.FLYNN 800-354-5941
DEREK G.PASSARELLI
TELEFAX
303-986-1755
E-MAIL
CandC PC@aolcom
May 28 , 1999
Ms . Margaret Dubas
Division of Local Government
1313 Sherman Street , Room 521
Denver, Colorado 80203
Re : Beebe Draw Farms Metropolitan District No . 1 ; and
Beebe Draw Farms Metropolitan District No . 2
Dear Ms . Dubas :
Pursuant. to Section 32-1-202 (1) , C .R. S . , enclosed are two
(2) Notices of Filing of Special District Service Plan, which are
being filed on behalf of the Clerk and Recorder of Weld County,
Colorado for the Beebe Draw Farms Metropolitan District No . 1 and
Beebe Draw Farms Metropolitan District No. 2 .
Please acknowledge receipt of these Notices by signing below
and returning to this office via telefax number 303-986--1755 .
Thank you for your attention to this matter.
Sialerelzr
Paul R. Cockrel
Enclosure
I hereby acknowledge receipt of thg Notices of Filing of the
Special District Service Plan this . 1 day of June, 1999 .
DIVISION OF LOCAL GOVERNMENT
By Yy /
992058
STATE 'OF COLORADO
DIVISION OF LOCAL GOVERNMENT Department of Local Affairs tar
Harold A. Knott, Director (��
:�
Roy Romer
Governor
•tarry Kallenberger
Executive
C)irector
NOTICE OF FILING OF SPECIAL DISTRICT SERVICE PLAN
-71-1,e_ J aya!
Pursuant to CRS 32-1-202(1), the County Clerk fir, on behalf of the County
Board of Commissioners, shall notify the Division of Local Government within five days
after the filing of a service plan of a proposed special district. Please provide the following
information and return this form to the Division of Local Government.
Beebe Draw Farms Metropolitan
District No. 1 May 28, 1999
Name of Proposed District Filing Date
Metropolitan District July 21, 1999
Type of Dist'ict Proposed Date of Hearing
10:00 a.m. 915 10th Street, Greeley, Colorado
Time of Hearing Location of Hearing
Paul R. Cockrel 303-986-1551
Contact Person Filing Service Plan Phone
Weld
County Receiving Service Plan
rift j* Al 4��/�f/!/(n%Z June 2, 1999
isc41rV �� rk to t Board Date
v v)i,N
,deputy Clerk to the Ro vd
Form DLG-60
Rev. 3/91
992058
1313 Sherman Street, Room 521, Denver, Colorado 80203 (303) 866-2156 FAX (303) 866-2251
farirreiTh• t1/2
CLERK TO THE BOARD
PHONE (970) 356-4000, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
STATE OF COLORADO)
ss
COUNTY OF WELD)
In the County cf Weld and pursuant to the Weld County Home Rule Charter, the Clerk
to the Board performs those functions relevant to Board of County Commissioner records and
actions which are normally performed by the Clerk and Recorder; therefore, the Consolidated
Service Plan of Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms
Metropolitan District No. 2, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Cclorado, this 2nd day of June, 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AlAidadfi
CLERK TO THE BOARD
• U //BY: �� .�-2
DEPUTY CLERK TO THE BOA_I \---
1392058
1392058
(lit Iv,' :::
CLERIC TO THE BOARD
lID
I PHONE (970) 356-4000, Ext. 4225
FAX: (970) :352-0242
P. O. BOX 758
e, GREELEY, COLORADO 80632
COLORADO
STATE OF COLORADO)
) ss
COUNTY OF WELD)
In the County of Weld and pursuant to the Weld County Home Rule Charter, the Clerk
to the Board performs those functions relevant to Board of County Commissioner records and
actions which are normally performed by the Clerk and Recorder; therefore, the Consolidated
Service Plan of Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms
Metropolitan District No. 2, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 2nd day of June, 1999. .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
S�) la
�fIl,��j
acii h0 - u BY: 1
i: )( ERK O THE BOARD
r;
j � �j�
I. Al. BY: _7 z A - /,/q, C-4'9�-,-r
• I DEPUTY CLERK TO THE B D_A
STATE OF COLORADO
DIVISION OF LOCAL GOVERNMENT Department of Local Affairs �oe•coto
Harold A. Knott, Director �.
N /
fi *
•18'164
Roy Romer
Governor
Larry Kallenberger
Executive
Director
NOTICE: OF FILING OF SPECIAL DISTRICT SERVICE PLAN
Pursuant to CRS 32-1-202(1), the County Clerk 5etr-61
on behalf
Board. of Commissioners, shall notify the Division of Local Government within five days
after the filing of a service plan of a proposed special district. Please provide the following
information and return this form to the Division of Local Government.
Beebe Draw Farms Metropolitan
District No, 2 May 28, 1999
Name of Proposed District Filing Date
Metropolitan District July 21 . 1999
Type of District Proposed Date of Hearing
10:00 a.m. 915 10th Street, Greeley, Colorado
Time of Hearing Location of Hearing
Paul R. Cockrel 303-986-1551
Contact Person Filing Service Plan Phone
Weld
�R•tr•,'� Receiving Service Plan
��;' >' ►tom' d
� 4 June 2, 1999
= t ,e Board Date
rk to the B
.■ ri Form DLG-60
Rev. 3/91
392059
1313 Sherman Street, Room 521, Denver, Colorado 80203 (303) 866-2156 FAX (303) 866-2251
- 4----tir
\ CLERIC TO THE, BOARD
J PHONE (970) 356-4000, Ext. 4225
ipez
FAX: (970) 352-0242
P. O. BOX 758
ill
GREELEY, COLORADO 80632
COLORADO
STATE OF COLORADO)
ss
COUNTY OF WELD)
In the County of Weld and pursuant to the Weld County Home Rule Charter, the Clerk
to the Board performs those functions relevant to Board of County Commissioner records and
actions which are normally performed by the Clerk and Recorder; therefore, the Consolidated
Service Plan of Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms
Metropolitan District. No. 2, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 2nd day of June, 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
y CLERK TO THE BOARD
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