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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20194142.tiff
RESOLUTION RE: APPROVE SERVICE PLAN, MET19-0002, FOR PROPOSED PLATTE RIVER METROPOLITAN DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, pursuant to C.R.S. §32-1-204, a Service Plan concerning the proposed Real Weld Metropolitan District, was filed with the Board of County Commissioners, and WHEREAS, on July 31, 2019, by Resolution #2019-3457, the Board of County Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on September 18, 2019, and WHEREAS, notice of the date, time, location, and purpose of said hearing was duly published in The Greeley Tribune, the county legal newspaper, on August 23, 2019; notice was provided to the Division of Local Affairs of the name and type of the proposed district; and notice of the date, time and location of said hearing was provided to the Petitioners, to the governing body of each municipality and of each special district which had levied an ad valorem tax within the next preceding tax year and which had boundaries within a radius of three (3) miles of the proposed district, and to said Division, as required by C.R.S. §32-1-202(1) and §32-1-204(1), and WHEREAS, the Weld County Planning Commission considered the Service Plan at its meeting on August 20, 2019, and presented its favorable recommendation to the Board of County Commissioners at its hearing on this matter, as required by C.R.S. §32-1-204(2), and WHEREAS, the Board did, on September 18, 2019, conduct a full public hearing on this matter, taking evidence establishing the jurisdiction of the Board to hear this matter and further taking evidence regarding the substantive issues set forth in C.R.S. §32-1-203, at which hearing all interested parties were afforded an opportunity to be heard, and WHEREAS, the Board fully considered the Service Plan and all testimony and other evidence presented to it in this matter relating to said Service Plan, including the favorable recommendation of the Weld County Planning Commission, deemed it advisable to continue the matter to Monday, September 23, 2019, at 9:00 a.m., to allow the applicant and the County Attorney's Office adequate time to revise certain provisions within said Service Plan, and WHEREAS, on September 23, 2019, the Board, after consideration of all testimony and other evidence presented to the Board in this matter, finds that the Service Plan meets the criteria contained within C.R.S. §32-1-203, and cc:Ca( E5g/(3C), F2('Ow), PLCTP/ISR), CTS/ PwlJ'M), ooSR(OK), 2019-4142 C1.PPL R P SD0141 09/a3/ 19 APPROVE SERVICE PLAN - PLATTE RIVER METROPOLITAN DISTRICT (MET19-0002) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that: Section 1. The Board hereby determines that all of the jurisdictional and other requirements of C.R.S. §32-1-202 and §32-1-204, have been fulfilled, including those relating to the filing and form of the Service Plan, the form and publication of the public hearing of the hearing on the Service Plan, and the type of public hearing held herein, and that, pursuant to C.R.S. §32-1-204(1) the petitioners did give proper and timely notification of the hearing to the governing body of any existing municipality or special district which levied an ad valorem property tax in 2018, and which has boundaries within a radius of three miles from the boundaries of the proposed District. Section 2. The Weld County Planning Commission has considered this matter as required by law and has favorably recommended approval of the Service Plan. Section 3. Based upon the information contained within the Service Plan and evidence presented to the Board at the hearing, the Board hereby finds and determines as follows: A. There is sufficient existing and projected need for organized services of the nature proposed in the Service Plan in the area to be serviced by the proposed District. B. The existing services in the area to be served by the proposed District are inadequate for present and projected needs. C. The proposed District is capable of providing economical and sufficient services to the area within its proposed boundaries. D. The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. E. Adequate services are not, and will not be, available to the area through Weld County or other municipal or quasi-municipal corporations, including special districts, within a reasonable time and on a comparable basis. F. The facilities and service standards of the proposed District are, or will be, compatible with the facilities and service standards of Weld County and of each municipality and special district which is an interested party hereto. G. The Service Plan is in substantial compliance with the Weld County Comprehensive Plan and the Weld County Code. 2019-4142 SD0141 APPROVE SERVICE PLAN - PLATTE RIVER METROPOLITAN DISTRICT (MET19-0002) PAGE 3 H. The creation of the proposed District will be in the best interest of the area proposed to be served. Section 4. On the basis of the findings and determinations in Section 4, the Service Plan of the proposed District, be, and hereby is, approved, subject to the following condition: A. Section V.B. of the Service Plan shall be amended to add the following language: "If within 45 days of the receipt of such notice, the Board of County Commissioners provides to the District a written objection to the proposed Public Improvements, then the proposed Public Improvements shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S." B. The Applicant shall submit updated Exhibits A and C-2 to reflect the deletion of six parcels from the inclusion area as requested by the Central Weld County Water District (CWCWD). C. Section V.A.9. of the Service Plan shall be amended to add the following language: "No eminent domain shall be exercised against Weld County." D. Section V.A. of the Service Plan shall be amended to add a new subsection 1, with the remaining subsections being renumbered, and the inclusion of the following language: "The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements and to provide operation and maintenance of the Public Improvements under agreements with other entities and local governments. Public Improvements constructed by the District using public funds derived from Weld County property taxes shall be located solely within the boundaries of Weld County." Section 5. The Clerk to the Board be, and hereby is, directed to advise the Petitioners, in writing, of this action and to attach a certified copy of this Resolution for the purpose of filing the same with the District Court of Weld County. Section 6. All resolutions, or parts thereof, in conflict with the provisions hereof, are hereby repealed to the extent of such conflict only. Section 7. This Resolution, immediately upon its passage, shall be authenticated by the signatures of the Board of County Commissioners and the Clerk to the Board and sealed with the corporate seal of the County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2019. 2019-4142 SD0141 APPROVE SERVICE PLAN - PLATTE RIVER METROPOLITAN DISTRICT (MET19-0002) PAGE 4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: C/. 1 (Q4A, arbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: �. �"— Deputy Clerk to the Board Sean . Conway A�FR /E FORM . 4.4 ,i �o K. James nty Attorney : �-- A Steve Moreno Date of signature: 09/Q3/11 2019-4142 SD0141 do ' v 1861 / CLERK TO THE BOARD UAlrEPHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET 1 .) P.O. BOX 758 Q U N T Y GREELEY, COLORADO 80632 LO T' STATE OF COLORADO) ss COUNTY OF WELD ) I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution#2019-4142, dated September 23, 2019, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 23rd day of September, 2019. ,./.' 41 if;i:/_,,,'!.,6 c„ Zdzht, ..z4,4',1 If , ,-, CLERK TO THE BOARD 1 1861 441 L A� �/i ' BY: �r .j UTY CLERK TO THE BOAR U . S. 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FAQs https://tools.uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70171450000096752675%2C 2/2 SERVICE PLAN FOR PLATTE RIVER METROPOLITAN DISTRICT, WELD COUNTY, COLORADO Prepared by: Miller &Associates Law Offices, LLC 1641 California Street, Suite 300 Denver CO 80202 Submitted: June 27, 2019 Approved: September 23, 2019 TABLE OF CONTENTS I. INTRODUCTION 1 A.Purpose and Intent 1 B. Need for the District 1 C. Objective of the County Regarding District's Service Plan 1 II. DEFINITIONS 2 III. BOUNDARIES 4 IV. PROPOSED LAND USE AND ASSESSED VALUATION 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 4 A.Powers of the District and Service Plan Amendment 4 1. Operations and Maintenance Limitation 5 2. Construction Standards Limitation 5 3. Privately Placed Debt Limitation 5 4. Inclusion Limitation 5 5. Initial Debt Limitation 6 6. Total Debt Issuance Limitation 6 7. Monies from Other Governmental Sources 6 8. Consolidation Limitation 6 9. Eminent Domain Limitation 6 10. Service Plan Amendment Requirement 6 B. Primary Infrastructure Plan 7 VI. FINANCIAL PLAN 7 A.General 7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount 8 C. Maximum Debt Mill Levy 8 D.Maximum Debt Mill Levy Imposition Term 8 E.Debt Repayment Sources 9 F.Security for Debt 9 G.TABOR Compliance 9 H.District's Operating Costs 9 I. Elections 10 VII. ANNUAL REPORT 10 A.General 10 B. Reporting of Significant Events 10 VIII. DISSOLUTION 11 IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS 11 X. MATERIAL MODIFICATIONS 11 XI. CONCLUSION 12 LIST OF EXHIBITS EXHIBIT A Legal Descriptions EXHIBIT B Vicinity Map EXHIBIT C-1 Initial District Boundary Map EXHIBIT C-2 Inclusion Area Boundary Map EXHIBIT D Primary Infrastructure Plan EXHIBIT E Financial Plan I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County and, except as may otherwise be provided for by state or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated taxpayers and service users of the District. The purposes of the District will be: a) to finance the construction of Public Improvements and to provide water on a "wholesale" basis to other governments or entities that provide water to individual users, and b) to provide maintenance of the Public Improvements. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the County Code. B. Need for the District. There are currently no other governmental entities, including the County, that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District or from revenues received from government and other entities through intergovernmental agreements, or from fees, rates, tolls and charges imposed by the District or by other governments. Any Debt that is issued from tax revenues levied by the District is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The District anticipates it will provide for the Public Improvements associated with the Project and those regional improvements necessitated by the Project. Ongoing operational and maintenance activities are allowed, but only as specifically addressed in this Service Plan, and only to the extent that the District has sufficiently demonstrated that such operations and maintenance functions are in the best interest of the County and the existing and future taxpayers and service users of the District. In no case shall the mill levies imposed by the District for debt service and operations and maintenance functions exceed the Aggregate Mill Levy Cap. It is not the intent of the District to dissolve due to the complex and ongoing maintenance functions for the Public Improvements. The District shall be authorized to finance those Public Improvements that can be funded from: a) Debt to be repaid from tax revenues collected within the boundaries of the District from a mill levy which shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term, or b) revenues received by the District from other governments, or c) fees, rates, tolls and charges imposed by the District through intergovernmental agreements, or d) fees, rates, tolls and charges imposed directly by the District on property within its boundaries. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. However, the District is authorized to construct and acquire facilities without resort to financing and anticipates that it will construct and acquire Public Improvements utilizing both Debt, revenue financing and through direct payment. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Aggregate Mill Levy Cap means the maximum aggregate mill levy the District is permitted to impose for debt service and operations and maintenance, as set forth in Subsection VIE below. Approved Development Plan means a development plan or other process established by the County (including but not limited to approval of a Planned Unit Development final plan or Subdivision final plat by the BOCC) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the County pursuant to the County Code and as amended pursuant to the County Code from time to time. Board means the Board of Directors of the District. BOCC means the Board of County Commissioners of the County of Weld, Colorado. Bond, Bonds or Debt means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy. County means the County of Weld, Colorado. County Code means the Weld County Code, as the same may be amended from time to time. District means the Platte River Metropolitan District. External Financial Advisor means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and(3) is not an officer or employee of the District. Financial Plan means a Financial Plan described in Section VI below which is prepared by an External Financial Advisor in accordance with the requirements of the County Code and describes: (a) how Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries means the boundaries of the area described in the Inclusion Area Boundary Map, if any. Inclusion Area Boundary Map means the map attached hereto as Exhibit C-2, describing the property proposed for inclusion within the District(if any) in the future. Initial District Boundaries means the boundaries of the area described in the Initial District Boundary Map. Initial District Boundary Map means the map attached hereto as Exhibit C-1, describing the District's initial boundaries. Maximum Debt Mill Levy means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Subsection VI.C below. Maximum Debt Mill Levy Imposition Term means the maximum term for imposition of a mill levy as set forth in Subsection VI.D below. Primary Infrastructure Plan means the Primary Infrastructure Plan described in Subsection V.B below, which includes a description of the Public Improvements to be developed by the District; and(b) an estimate of the cost of the Public Improvements. Project means water supply, water infrastructure and related, appurtenant non-water infrastructure to serve development. Public Improvements means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below to serve the future taxpayers and service users of the Service Area as determined by the Board of the District. Service Area means the land within the Initial District Boundary Map and the land within the Inclusion Area Boundary Map. Service Area also includes all land subject to intergovernmental agreements between the District and other units of local government located within Weld County. Service Plan means this service plan for the District approved by the BOCC. Service Plan Amendment means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. Special District Act means Section 32-1-101 et seq., C.R.S., as amended from time to time. State means the State of Colorado. Total Debt Issuance Limitation means the total Debt the District is authorized to issue, as set forth in Paragraph V.A.6 below and supported by a Financial Plan. III. BOUNDARIES The area of the Initial District Boundaries includes approximately 54 acres, and the total area proposed to be included in the Inclusion Area Boundaries is approximately 16,427.03 acres. A legal description of the Initial District Boundaries and the Inclusion Area Boundaries is attached hereto as Exhibit A. A map of the Initial District Boundaries is attached hereto as Exhibit C-1, and a map of the Inclusion Area Boundaries is attached hereto as Exhibit C-2. A vicinity map is attached hereto as Exhibit B. It is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401 et seq., C.R.S., and Section 32-1-501 et seq., C.R.S., subject to the limitations set forth in Article V below. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 16,535.06 acres of land. The current assessed valuation of the Service Area land is assumed to be $887,520 for purposes of this Service Plan. Approval of this Service Plan by the County does not imply approval of the development of a specific area within the District, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings which may be identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements within and without the boundaries of the District as such power and authority are described in the Special District Act, and other applicable statutes, common law and the State Constitution, subject to the limitations set forth herein. The District shall not provide potable water service to any land within its Initial Boundaries or its Inclusion Area Boundaries if such land is already included within the boundaries of another water district unless that water district consents to the provision of service by this District; or, if the water provider is an entity other than a water district, then the BOCC must consent to the provision of potable water service by this District. All Public Improvements constructed by the District shall be located within Weld County. If, after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act, no such powers shall be available to or exercised by the District unless the District publishes forty-five-day notice and provides written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed exercise of such new or broader powers, then the exercise of the same by the District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 1. The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements and to provide operation and maintenance of the Public Improvements under agreements with other entities and local governments. Public Improvements constructed by the District using public funds derived from Weld County property taxes shall be located solely within the boundaries of Weld County.2. Construction standards limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications all governmental entities having proper jurisdiction, as applicable. The District will obtain all applicable permits for construction and installation of Public Improvements prior to performing such work. 3. Privately placed debt limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate(calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate,using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert the designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4. Inclusion and exclusion limitations. For inclusions or exclusions of property, forty-five (45) days written notice of the proposed inclusion or exclusion shall be given to the Board of County Commissioners in the manner specified in Section 32-1-207(2)(b), C.R.S. If within 45 days of the receipt of such notice, the Board of County Commissioners provides to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. All inclusions and exclusions will comply with the provisions of Title 32 requiring publication of notice of the public hearing by the District on the inclusion or exclusion petition. The District shall not include any property within its boundaries that are within the boundaries of another Title 32 district unless the other Title 32 district consents to the simultaneous exclusion of property and causes such exclusion to occur. The purpose of this provision is to prohibit overlapping districts on property within a single tax year. 5. Use of Water. To the extent of the District's ownership of storage in any reservoir, and subject to carriage, evaporation and evapotranspiration losses for such water, the water stored and released in the District's storage space shall be used for: (a) direct non-potable delivery to water users within Weld County, Colorado; (b) augmentation of depletions which, if not augmented, would have an impact on any river, stream or groundwater located in Weld County, Colorado; (c) replacement of diversions by release of such stored water into a river or stream, a canal or a recharge or other groundwater management facility in Weld County Colorado; or, (d) exchange or transfer to another reservoir to facilitate either(a), (b) or(c) above. 6. Total debt issuance limitation. The District shall not issue Debt in excess of $200,000,000. To the extent the District seeks to modify the Total Debt Issuance Limitation, it shall proceed in accordance with Subsection 2-14-20.I of the County Code. 7. Monies from other governmental sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 8. Consolidation limitation. The District shall not file a request with any court to consolidate with another Title 32 district without the prior written consent of the County. 9. Eminent domain limitation. The District shall not exercise its statutory power of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with state law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. No eminent domain shall be exercised against Weld County. 10. Service Plan amendment requirement. This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate development needs for the Project. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan. Any action of the District which: (1) violates the limitations set forth in Paragraphs V.A.1 9 above; or (2) violates the limitations set forth in Subsections VI.B H below, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan. B. Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District. The Primary Infrastructure Plan, including: (1) a description of the Public Improvements to be developed by the District; and (2) an estimate of the cost of the Public Improvements is attached hereto as Exhibit D. As shown in the Primary Infrastructure Plan, the estimated cost of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District will be dependent on the design of the Public Infrastructure with the users thereof. The District shall describe such further and other Public Improvements deemed appropriate to meet the goals of the District and provide notice of such description to the Board of County Commissioners of Weld County within forty-five (45) days thereof. All Public Improvements constructed by the District shall be located within Weld County. If within 45 days of the receipt of such notice, the Board of County Commissioners provides to the District a written objection to the proposed Public Improvements, then the proposed Public Improvements shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. The District shall be permitted to allocate costs between such categories of the Public Improvements as deemed necessary in its discretion. All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of all government entities having jurisdiction shall be in accordance with the requirements of the Approved Development Plan, if any. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the requirements of other government entities having jurisdiction and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan, as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then-current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit D assume construction to applicable local, state or federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties or charges as provided in Section 32-1-1001(1), C.R.S. The Total Debt Issuance Limitation is supported by the Financial Plan prepared by RBC Capital Markets, attached hereto as Exhibit E. The Financial Plan attached to this Service Plan satisfies the requirements of Subsection 2-14-20.I of the County Code. In addition to Debt financing, the District anticipates that it may issue revenue bonds from revenues which are not received from the imposition of a property tax within the District's boundaries. Revenue bonds do not constitute debt under this Service Plan or state law. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt or revenue financing is expected to be the market rate at the time of issuance. In the event of a default, the proposed maximum interest rate on any Debt or revenue issuance is not expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be five percent (5%). Debt or revenue financing, when issued, will comply with all relevant requirements of this Service Plan, state law and federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be fifty (50) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S., and all other requirements of state law. D. Maximum Debt Mill Levy Imposition Term. Within its boundaries, the District shall not impose a levy for repayment of any and all Debt(or use the proceeds of any mill levy for repayment of Debt) on any property which exceeds thirty (30) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are property owners of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101 et seq., C.R.S. The District shall be limited to issuing new Debt within a period of fifteen (15) years from the date of the District's first debt authorization election. The District may issue Debt after the fifteen-year period in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all debt within the fifteen-year period. E. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a source of revenue for repayment of debt service and for operations and maintenance. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees, rates, tolls, penalties or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy. F. Security for Debt. The District shall not pledge any revenue or property of the County as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the County of payment of any of the District's obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the County in the event of default by the District in the payment of any such obligation. G. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, the District may set up other qualifying entities to manage, fund, construct and operate facilities, services and programs. To the extent allowed by law, any entity created by the District will remain under the control of the District's Board. H. District's Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, are anticipated to be S50,000.00, which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year's operating budget is estimated to be $50,000.00, which is anticipated to be derived from property taxes and other revenues. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users. The Aggregate Mill Levy Cap shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt and operations and maintenance functions, and shall be sixty-five (65) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. Although the operations and maintenance mill levy imposed by the District may exceed fifteen (15) mills as part of the Aggregate Mill Levy Cap, the debt service mill levy may not exceed the Maximum Debt Mill Levy. The District shall impose a mill levy for debt, capital costs, operations and maintenance expenses for its Public Improvements, all of which shall be within Weld County. Operation and maintenance expenses include all reasonable and necessary current expenses of the District, paid, accrued, or reserved for operating, maintaining, and repairing the Public Improvements, including without limitation legal and overhead expenses of the District directly related to the administration of the Public Improvements, insurance premiums, audits, charges of depository banks and paying agents, professional services, salaries and administrative expenses, labor, the cost of materials and supplies for current operation; the amount required to be paid as a rebate obligation to the United States of America as required in order to avoid impairing the exclusion from gross income for purposes of the federal income tax of the interest paid or to be paid thereon, allowance for depreciation, franchise fees, and legal liabilities based on contract. Debt and capital costs include all funds paid, accrued or reserved for the acquisition of land, easements, facilities, water rights, and equipment(other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments, and extensions, for use by or in connection with the Public Improvements, together with the principal, interest, reserves, surplus funds, administrative costs to paying agents, registrars, and costs of issuance related to the issuance of debt obligations by the District. Capital improvements shall be paid from, and shall be subject to the limitations, relating to Debt provided above. I. Elections. The District will call an election on the questions of organizing the District, electing the initial Board and setting in place the proposed financial structure as required by TABOR. The election will be conducted as provided in the Uniform Election Code of 1992, the Municipal Election Code and TABOR. At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. VII. ANNUAL REPORT A.General. The District shall be responsible for submitting an annual report with the County Clerk not later than March 1 of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado. B.Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the prior year. 3. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 4. A summary of any litigation which involves the District Public Improvements as of December 31 of the prior year. 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. S. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statement, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution, in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt and other financial obligations as required pursuant to state statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan (Long-Term District Obligations), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long-Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long-Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS All such agreements must be for facilities, services and agreements lawfully authorized to be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a), and Sections 29-1-201 et seq., C.R.S. To the extent practicable, the District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements may also be executed with property owner associations and other service providers. Any agreements which are required, or known at the time of formation of the District to likely be required, to fulfill the purposes of the District, must be described in this Service Plan, along with supporting rationale. Execution of intergovernmental or extraterritorial agreements by the District that are not described in this Service Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed agreements, then the entry into said agreements without the prior written approval of the BOCC shall be considered a material modification of this Service Plan and shall be resolved only in accordance with Section 32-1-207(2), C.R.S. X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1- 207, C.R.S. All modifications to the written provisions of this Service Plan, whether deemed material or otherwise, must be approved by the County prior to becoming effective, and the District shall not be permitted to unilaterally make such modifications. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination as aforesaid will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207, C.R.S. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 6. The facility and service standards of the District are compatible with the facility and service standards of the County and each municipality which is an interested party under Section 32-1-204(1), C.R.S.; 7. The proposal is in substantial compliance the County's Master Plan adopted pursuant to Section 30-28-106, C.R.S.; 8. The proposal is in compliance with any duly adopted County, regional or state long-range water quality management plan for the area; 9. The creation of the District is in the best interests of the area proposed to be served; and 10. The creation of the District is in the best interests of the residents and future residents of the area proposed to be served. XII. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado. Up cS #e c Platte River Metropolitan District INITIAL BOUNDARIES LEGAL DESCRIPTION COMMENCING AT A POINT, SAID POINT BEING THE EAST QUARTER SECTION OF SECTION 15 TOWNSHIP 1 NORTH RANGE 66W OF THE 6TH PM, AS MONUMENTED BY A 2 1/2 "ALUMINUM CAP AND STAMPED LS 19585, THENCE S89°34'00"W, A DISTANCE OF 30 FEET TO THE POINT OF TRUE BEGINNING THENCE S0°01'34"W, A DISTANCE OF 637.70 FEET, ALONG THE EAST LINE OF SAID SECTION 15 TO A POINT DEPARTING SAID EAST LINE AT THE SOUTH PROPERTY LINE, THENCE N90°00'00"W, A DISTANCE OF 3,890.24 FEET ALONG THE SOUTH PROPERTY LINE TO THE CENTER LINE OF THE BRIGHTON LATERAL DITCH, DEPARTING SAID SOUTH LINE AND FOLLOWIGN THE CENTER OF THE BRIGHTON LATERAL DITCH ALONG THE FOLLOWING 9 COURSES: THENCE N09°31'55"E, A DISTANCE OF 68.79 FEET; THENCE N19°46'15"E, A DISTANCE OF 52.31 FEET; THENCE N31°05'50"E, A DISTANCE OF 131.85 FEET; THENCE N24°30'40"E,A DISTANCE OF 57.97 FEET; THENCE N18°19'58"E, A DISTANCE OF 63.63 FEET; THENCE N15°28'41"E, A DISTANCE OF 119.40 FEET; THENCE N16°59'14"E, A DISTANCE OF 65.96 FEET; THENCE N17°14'57"E, A DISTANCE OF 91.71 FEET; THENCE N42°49'49""W, A DISTANCE OF 1.35 FEET; TO A POINT ON THE QUARTER SECTION LINE OF SAID SECTION 15, THAT POINT ALSO THE NORTHWEST CORNER OF THE PARCEL DEPARTING THE CENTER OF THE BRIGHTON LATERAL DITCH AND FOLLOWING QUARTER SECTION LINE OF SAID SECTION 15 THENCE ALONG THE NORTH BOUNDARY OF SAID PARCEL N89°33'40"E, A DISTANCE OF 1,049.11 FEET; THENCE N89°34'00"E,A DISTANCE OF 2,622.87 FEET TO THE POINT OF BEGINNING CONTAINING 2,353,703 SQUARE FEET OR 54.03 ACRES,MORE OR LESS. EXHIBIT A A PARCEL OF LAND SITUATED IN SECTION 27,TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCR►BED AS FOLLOWS: PARCEL#3 AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 29, 2005 AT RECEPTION NUMBER 3281844 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE,STATE OF COLORADO. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 35,TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2 OF LOCHBUIE STATION FILING NO. 1 RECORDED NOVEMBER 7, 2000 AT RECEPTION NUMBER 2805359 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE, STATE OF COLORADO TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 34,TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "EAST LUPTON 80"AS RECORDED ON LAND SURVEY PLAT RECORDED MAY 1, 2009 AT RECEPTION NUMBER 3619990 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE,STATE OF COLORADO TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTIONS 19 AND 20,TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE LEGAL DESCRIPTION FOR P-27 AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 29, 2005 AT RECEPTION NUMBER 4396072 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE, STATE OF COLORADO. TOGETHER WITH PARCELS OF LAND SITUATED IN SECTIONS 3,5,AND 7,TOWNSHIP 4 NORTH, RANGE 62 WEST AND IN SECTIONS 1, 3,AND 10,TOWNSHIP 4 NORTH, RANGE 63 WEST AND IN SECTIONS 3, 15, 17, 18, 19, 20, 21, 29,31,AND 33,TOWNSHIP 5 NORTH, RANGE 62 WEST AND IN SECTIONS 13, 17, 20, 21, 22, 23, 24, 25, 27, 33,34, 35,AND 36 TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 8-39 AS SHOWN ON THE CENTRAL WELD LAND SURVEY PLAT RECORDED MAY 3, 2018 AT RECEPTION NUMBER 4093867 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE, STATE OF COLORADO. LESS AND EXCEPT THEREFROM THE AFOREMENTIONED LOTS 21 AND 22 THE PREVIOUSLY REFERENCED LEGAL DESCRIPTION FOR P-27 AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 29, 2005 AT RECEPTION NUMBER 4396072 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE, STATE OF COLORADO. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 26,TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26,A DISTANCE OF 1,239.81 FEET TO THE POINT OF BEGINNING OF PARCEL I: THENCE N0°04'47"E ALONG SAID WEST LINE,A DISTANCE OF 1,400.95 FEET TO THE WEST QUARTER OF SAID SECTION 26 AS MONUMENTED BY A 2 1/2" ALUMINUM CAP"PLS 28656"; THENCE N0°02'39"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 2,605.02 FEET TO A POINT LYING 36.04 FEET SOUTHERLY ALONG SAID LINE FROM THE NORTHWEST CORNER OF SAID SECTION 26,AS MONUMENTED BY A 3" ALUMINUM CAP "PLS 25619"; THENCE EASTERLY ALONG AN EXISTING FENCE LINE,THE FOLLOWING 6 COURSES; 1)THENCE 580°46'14"E,A DISTANCE OF 33.08 FEET; 2)THENCE S67°58'39"E,A DISTANCE OF 1,036.08' FEET; 3)THENCE 587°11'27"E,A DISTANCE OF 676.32 FEET; 4)THENCE S55°02'31"E,A DISTANCE OF 168.79 FEET; 5)THENCE S65°42'32"E,A DISTANCE OF 245.15 FEET; 6)THENCE S72°07'53"E,A DISTANCE OF 893.32 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO.2170560,AS RECORDED WITH THE CLERK AND RECORDER,COUNTY OF WELD, STATE OF COLORADO; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING 6 COURSES: 1)THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS 548°32'02"W,A DISTANCE OF 336.00 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 3°23'38",A RADIUS OF 5673.31 FEET AND AN ARC LENGTH OF 336.05 FEET TO A POINT OF TANGENCY; 2)THENCE S50°13'51"W ALONG SAID TANGENT,A DISTANCE OF 1,229.86 FEET TO A POINT OF CURVE; 3)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S42°32'21"W,A DISTANCE OF 538.01 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 15° 23'00",A RADIUS OF 2009.86 FEET AND AN ARC LENGTH OF 539.63 FEET TO A POINT OF TANGENCY; 4)THENCE S34°50'51"W ALONG SAID TANGENT,A DISTANCE OF 666.20 FEET TO A POINT OF CURVE; 5)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S37°35'15"W,A DISTANCE OF 544.24 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 5° 32' 30",A RADIUS OF 5629.28 FEET AND AN ARC LENGTH OF 544.46 FEET TO A POINT OF TANGENCY; 6)THENCE S40°10'14"W ALONG SAID TANGENT, A DISTANCE OF 947.41 FEET TO THE POINT OF BEGINNING OF PARCEL I. SAID PARCEL CONTAINS 5,355,250 SQ. FT., 122.94 ACRES MORE OR LESS. BASIS OF BEARING STATEMENT: THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS BETWEEN THE FOUND MONUMENTS ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26 THE BEARING OF SAID LINE IS N0°04'47"W. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTIONS 23, 26, 34,AND 35,TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26,TOWNSHIP 4 NORTH, RANGE 67 WEST; THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26,A DISTANCE OF 929.26 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO. 2170560,AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD,STATE OF COLORADO; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE THE FOLLOWING 7 COURSES: 1)THENCE N40°10'14"E,A DISTANCE OF 1,185.00 FEET TO A POINT OF CURVE; 2)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N37°35'06"E,A DISTANCE OF 562.82 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 50 32'03",A RADIUS OF 5829.20 FEET AND AN ARC LENGTH OF 563.04 FEET TO A POINT OF TANGENCY; 3)THENCE N34°50'51"E ALONG SAID TANGENT,A DISTANCE OF 666.20 FEET TO A POINT OF CURVE; 4)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS N42°32'21"E,A DISTANCE OF 484.47 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 15° 23'00",A RADIUS OF 1809.86 FEET AND AN ARC LENGTH OF 485.93 FEET TO A POINT OF TANGENCY; 5)THENCE N50°13'51"E ALONG SAID TANGENT,A DISTANCE OF 1,229.86 FEET TO A POINT OF CURVE; 6)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N43°22'51"E,A DISTANCE OF 1401.03 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 13°42' 00",A RADIUS OF 5873.31 FEET AND AN ARC LENGTH OF 1404.38 FEET TO A POINT OF TANGENCY; 7)THENCE N36°31'51"E ALONG SAID TANGENT,A DISTANCE OF 2,519.41 FEET TO A POINT ON THE EAST LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 23; THENCE S00°49'15"E ALONG SAID EAST LINE,A DISTANCE OF 1,869.42 FEET TO THE NORTH EAST CORNER OF SAID SECTION 26,AS MONUMENTED BY A 3 1/4"ALUMINUM CAP "PLS 16154"; THENCE S00°30'21"W ALONG THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2,535.55 FEET TO THE EAST QUARTER CORNER OF SECTION 26,AS MONUMENTED BY A 2" ALUMINUM CAP"PLS 12374"; THENCE S00°15'58"E ALONG THE EAST LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 26,A DISTANCE OF 711.99 FEET TO A POINT LYING ON THE NORTHERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN BOOK 118 AT PAGE 498,AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO; THENCE ALONG SAID NORTHERLY, WESTERLY AND SOUTHWESTERLY LINES OF SAID WESTERN MUTUAL DITCH THE FOLLOWING 19 COURSES: 1)THENCE N82°24'42"W,A DISTANCE OF 210.93 FEET TO A POINT OF CURVE; 2)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S53°21'02"W,A DISTANCE OF 634.85 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 88° 28'31",A RADIUS OF 455.00 FEET AND AN ARC LENGTH OF 702.60 FEET TO A POINT OF TANGENCY 3)THENCE S09°06'47"W ALONG SAID TANGENT,A DISTANCE OF 862.16 FEET TO A POINT OF CURVE; 4)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS 515°37'56"E,A DISTANCE OF 257.01 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 49° 29' 26",A RADIUS OF 307.00 FEET AND AN ARC LENGTH OF 265.18 FEET TO A POINT OF TANGENCY; 5)THENCE S40°22'39"E ALONG SAID TANGENT A DISTANCE OF 39.74 FEET TO A POINT OF CURVE; 6)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S14°38'38"E,A DISTANCE OF 225.78 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 51° 28'03", A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 233.55 FEET TO A POINT OF TANGENCY; 7)THENCE S11°05'23"W ALONG SAID TANGENT,A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; 8)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S19°20'04"W,A DISTANCE OF 160.60 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 16° 29'20",A RADIUS OF 560.00 FEET AND AN ARC LENGTH OF 161.16 FEET TO A POINT OF REVERSE CURVE; 9)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S2°30'08"E,A DISTANCE OF 501.23 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 60°09'44",A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF 525.01 FEET TO A POINT OF TANGENCY; 10)THENCE S32°35'00"E ALONG SAID TANGENT,A DISTANCE OF 300.25 FEET TO A POINT OF CURVE; 11)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS 545°05'25"E,A DISTANCE OF 346.49 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25°00'48",A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 349.25 FEET TO A POINT OF TANGENCY; 12)THENCE S57°35'48"E ALONG SAID TANGENT,A DISTANCE OF 371.71 FEET TO A POINT OF CURVE; 13)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S31°23'17"E, A DISTANCE OF 273.82 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 52° 25'04",A RADIUS OF 310.00 FEET AND AN ARC LENGTH OF 283.61 FEET TO A POINT OF TANGENCY; 14)THENCE S05°10'44"E ALONG SAID TANGENT,A DISTANCE OF 64.90 FEET TO A POINT THAT LIES ON THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 35; 15)THENCE S00°33'43"E ALONG SAID EAST LINE 102.29 FEET TO A POINT OF CURVE; 16)THENCE DEPARTING FROM SAID EAST LINE AND ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S23°52'35"W,A DISTANCE OF 131.06 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 29° 11'45",A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 132.49 FEET TO A POINT OF TANGENCY; 17)THENCE S38°28'27"W ALONG SAID TANGENT,A DISTANCE OF 300.18 FEET TO A POINT OF CURVE; 18)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S24°53'48"W,A DISTANCE OF 206.59 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 27°09'20",A RADIUS OF 440.00 FEET AND AN ARC LENGTH OF 208.54 FEET TO A POINT OF TANGENCY; 19)THENCE S11°19'07"W ALONG SAID TANGENT A DISTANCE OF 21.13 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 35; THENCE S89°31'02"E ALONG SAID NORTH LINE, 336.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35,AS MONUMENTED BY A 3 1/4"ALUMINUM CAP"LS 7242"; THENCE S0°33'39"E ALONG THE EAST LINE OF THE SOUTH EAST QUARTER OF SECTION 35,A DISTANCE OF 1354.93' FEET TO A POINT LYING 1289.36 FEET NORTHERLY ALONG SAID EAST LINE FROM THE NORTHEAST CORNER OF SAID SECTION 2,AS MONUMENTED BY A 3 1/4"ALUMINUM CAP"LS 7242"; THENCE DEPARTING SAID LINE,ALONG THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 4119522 RECORDED AT THE WELD COUNTY OFFICE OF THE CLERK AND RECORDER, THE FOLLOWING 4 COURSES; 1)THENCE S89°13'07"W,A DISTANCE OF 2152.95 FEET; 2)THENCE N85°18'43"W,A DISTANCE OF 590.70 FEET; 3)THENCE S82°17'00"W,A DISTANCE OF 558.27 FEET; 4)THENCE S89°11'44"W,A DISTANCE OF 616.08 FEET DEPARTING SAID LINE TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE N00°50'02"W ALONG SAID EAST LINE,A DISTANCE OF 140.40 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SAID SECTION 35,AS MONUMENTED BY A 1 1/2" PLASTIC CAP "PLS 38026"; THENCE N89°21'55"W ALONG THE NORTH LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35,A DISTANCE OF 1,304.48 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35,AS MONUMENTED BY A 1 1/2"ALUMINUM CAP "LS 17658"; THENCE N00°54'10"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35 A DISTANCE OF 614.44 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 2444383,AS RECORDED WITH THE CLERK AND RECORDER,COUNTY OF WELD,STATE OF COLORADO,AS MONUMENTED BY A 1 1/2" PLASTIC CAP "PLS 38026"; THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 11 COURSES; 1)THENCE N86°51'43"W,A DISTANCE OF 105.15 FEET; 2)THENCE S76°54'17"W,A DISTANCE OF 44.75 FEET; 3)THENCE N70°02'40"W,A DISTANCE OF 109.47 FEET; 4)THENCE N67°16'18"W,A DISTANCE OF 303.13 FEET; 5)THENCE N48°02'22"W,A DISTANCE OF 125.58 FEET; 6)THENCE N00°51'32"W,A DISTANCE OF 46.60 FEET; 7)THENCE N65°20'52"W,A DISTANCE OF 251.73 FEET; 8)THENCE N61°28'32"W,A DISTANCE OF 87.00 FEET; 9)THENCE N69°19'12"W,A DISTANCE OF 197.35 FEET; 10)THENCE N46°07'13"W,A DISTANCE OF 224.78 FEET; 11)THENCE N25°07'24"W,A DISTANCE OF 69.65 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34,AS MONUMENTED BY A 1 1/2" PLASTIC CAP "LS 17658"; THENCE N00°56'51"W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 A DISTANCE OF 1,310.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE 589°01'58"E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34,A DISTANCE OF 1,296.44 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34.AS MONUMENTED BY A 1 1/2" PLASTIC CAP"LS 17658"; THENCE N0°56'04"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,A DISTANCE OF 1,308.95 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 40,897,262 SQUARE FEET, 938.87 ACRES MORE OR LESS BASIS OF BEARING STATEMENT: THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS BETWEEN THE FOUND MONUMENTS ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26 THE BEARING OF SAID LINE IS N0°04'47"W. ` TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 29,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A DESCRIBED IN THE RECORDED EXEMPTION SURVEY NUMBER 1473-29-4-RE-411 RECORDED SEPTEMBER 11, 1979 AT RECEPTION NUMBER 1802825 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE,STATE OF COLORADO. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 29,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A DESCRIBED IN THE RECORDED EXEMPTION SURVEY NUMBER 1473-29-4-RE-412 RECORDED SEPTEMBER 11, 1979 AT RECEPTION NUMBER 1802828 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE,STATE OF COLORADO. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 32,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JUNE 16,2016 AT RECEPTION NUMBER 4211915 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE,STATE OF COLORADO. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 32,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED FEBRUARY 18, 2010 AT RECEPTION NUMBER 2676615 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE, STATE OF COLORADO. TOGETHER WITH A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 23,TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 23,THENCE NORTH 01°42'29" WEST, ALONG THE WEST LINE OF SAID SECTION 23,A D►STANCE OF 2,650.61 FEET,TO THE NORTH L►NE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°45'02"EAST,ALONG SAID NORTH LINE,A DISTANCE OF 1,321.01; THENCE SOUTH 01°27'29" EAST,A DISTANCE OF 2,650.35 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89°45'05" WEST, ALONG SAID SOUTH LINE,A DISTANCE OF 1,309.44 FEET TO THE POINT OF BEGINNING. CONTAINING 3,485,013 SQUARE FEET OR 80.005 ACRES, MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 23 AS BEARING NORTH 01°42'29"WEST.AS MONUMENTED BY A 3 1/2" ALUMINUM CAP PLS 7242 AT THE SOUTHWEST CORNER AND BY A 3"ALUMINUM CAP PLS 4845 AT THE NORTHWEST CORNER OF SECTION 23. TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 30,TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT D DESCRIBED IN THE RECORDED EXEMPTION SURVEY NUMBER 1057-30-3 RECV14-0051 RECORDED OCTOBER 15, 2014 AT RECEPTION NUMBER 4054276 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDERS OFFICE,STATE OF COLORADO. PREPARED BY: GERALD MATT NICHOLS, P.L.S.#38026 ON BEHALF OF: SURVEY SYSTEMS INC. P.O. BOX 2168 EVERGREEN,COLORADO 80437 (303)679-8122 rn .....-.L._ /....-.s I .'I IOU ,-�' E • CIVIL RCS'!UK(:CS, LLC 70 RANCH + LOT B / { 323 Sth STRE E T c , (I4t 11 AC) / �L ` - f • - . P.O. Box 690 71 .I FREDERICK, CO 90530 416 ( �� I 31 / • 303,633.SOURCES WVVW.CIVIIRE 50URCES.COM - ---- ---` O Well I 31'' J� I ( CRS OF COLORADO, E.L.C. 7995E vRE NTICE AVE , STE 101E C.AEENWODC VILLAGE. CO 140111 103 let 4960(P) 147n J w' Y ADAMS EAST METROPOLITAN DISTRICT I 1 - J85s :E W1sl ON si , sus( 140 l \ Qp . , i AUADAA. CO 80011,,,,! / i 6 Q� \ I E, 70 RANCH 30) let 4960(DJ N\ 1 . LOT to I 4EA ` ! � I \ (163 B3 AC) 4A T I�"--Cfri — f �` 1 ` / �^ _ r-, O , \` s ____itit21 --"'"--,_ . ii)'•-•< 406Thia? J ° CC /`�' w 7o RANCH cn O "� ��1•� / \ 70 RANCH 70 RANCH 70 RANCn �` \ / ` LOT Is 1 Q O WT C) LOT C) LOT 14 / \,491 49 AC) t ` \ (655 77 AC) 1638 I3 AC) (626 49 AC) .� Q da'64,,NN ' 0 CC j \ 70 RANCH , y/ 'y ,' + ~` i I II A )690 C)" ' - / 70 L--> 18 � (607 69 • TACl (617 29TAC) LOT l9 / Lu p '� 7o RANCH — I LOT 16 �J ` Y N77 41 AC) ff •J t CO LLJ O f 's► Gaging $c� r ,� A . ft) D `� V �\ _ %I 4 ', / / l 70 RANCH -.1.�--_ ►� O !� ��.I V \ ► IOf� 70 RANCH LOT 2l ,/ 70 RANCH .44-11/2 0 1--- 44- _- ' v - __` SOUTH EEEf3E DRAW '� \ (W Ito! AC) / (614 60 AC) 70 RANCH (630 27 AC) / O C _()` METRO DISTRICT P,� _ ! t— 7 (7B 20AC) 30 RANCH f LOT IZ �' � WT 24 70 RANCH (624 42 AC) •\ ....,„6, (47e 86 Ac) LOT(6I L 9,K) ► 70 RANCH / 7 REVISIONS !U RANILn ir---^�'- JO RANCH • 70 RANCH • -\ (625 96 AC), I4�� "R ‘ • NO DESCIlTf510N DATE CI LOT 3 ) y r . WT ri •_ (92 OO AC) - l93)AC (181 37AC) t' I . LOT �� i :7 70 RANCH ' �►I�,` '•. (402.3) At) `- ' � 22 u 23 31 �' I /y+/-J��/•�I,. ' './ // (6 Ac) �. • 7o RANCH L I •f 1 •' ♦ _ LOT 12 , .y , • •'I!' ' /�• tlf (635 19 AC) .. , , ►, �� _\ 7O RANCH O 4 1 ,'Lew�L." �. 70 RANCH 70 RANCH Nti �� l WT JO tt LOT LOTS :7.,% i (1246 AC1 I t", Reservoir (107 49 AC) (Ie•I ac) / I r 3' 70 RANCH "¼ ' 11192 %h/�i:•,�//-�. �i / / ... ... 1.7901 - LO 2 .� (4 RANCH ( 1 � ?0 RANCH ` e (92.04 AC) LOT 4 I • /! 7o RANCH / 70 RANCH _ Weil (4 97 AC) LOT 29 •. , 70 RANCH ( LOT 37 fides �t - 1155 tl7 AC) - (18 78 AC) ' 1•`LOT S70 R3 RANCH LOT (2 2 10 AC) j.' _ `, i,r-(\/169.96��.. •!/ iT I T(N�S • /"'•. G 70 RANCH . V t F. LOT 36 �le `�••_ \.` , / (656 07 AU ' ..•� _ _--t--,-.. 1 SOUTH 9EE9E DRAW • .` 4,� •� • A ' METRO DISTRICT 70 RANCH . l� (sI 42 AC) - —✓ /LOT 19 -.0 V DESIGNED to AA& DATE .- a-. ' - 1 DRAwN OT 1301 SCMF As NOTED I `. '� ? \ •As - c\ti CHECKED 9Y L As NOTED e� f �•,` \\, DNG NAME 5,90 PI¢l;E9E paAW�015TRiCi ' •• 14 ., / \ ..�� Sp+tng w� DISTRICT U �_et, 1 N _ • °� BOUNDARY I / Well .� �` Canton 1---r' M A P �r� Wc�t s / O ---� 4.1 jl / C art i 'IMP WELD COUNTY .• - RED TIERRA SILVER PEAKS LLC (DNLINE MAPPING ; II � � . . . t., i ." � . . . I 'I `�` I Fort Collins �. M r . s ill '• �• �' .,i 1St • - `-rs-;_k._,..4 - f• . ,_ - c _ zf� Boulder I ` .. F' ti --mss -�'alr W�► �i�1f«trllirw 8 • s a r,. \ 4 d - W r` Legend SPUN7 s _ r = t r 1>t • ' '` .. ..-setYyr t• • . ._ . '� irelianilliMill."A. f Parcels Y r � ' 3s L Address abe ' � _ Highway • • r. ill.r �, ^ IL � _ Township / Range j. ' - _._._.I�. ,,, _ - Section D ria =} , ,,, „.....iiiii --'" County :: 7arge Scale r I I..V •• -s♦ - - 7-,..** .s may.. T i . = Perennial - Intermittent alb i" Ephemeral �. 3 • . ' Artificial Path.4 —. ` \*III;litor' Canal Ditch w : Coastline y r� i' .— Connector AI • I ' �. Pipeline • . •t , i 1 i.alp a Sit IIl . � f I 4 Underground Conduit .- "- Or: ..996*--949. -+� * ....• • , f -IM - - River Lag Scale • - ', -zooms. — •y , ,icy 1 ipso* { ,... _ .r .: -1-.1 Area of Complex Channels 40 - ftak sit � . '�. . ~j._ ' it - _r� : - l�I : _ `�,, J - ` 4r.r Area to be Submerged r • _ B t - _. - - j a% Pr; <� • _ ; F■R I • Badge —_.. e C i ' i •4 • •; . i, . CanalDitch 4 4i rip t: 1. I • l/. , • 66W r ♦ , }1 w fa• rm rn DamWeir I .� r {4� * s'- " m.r r •rt p .. >� t i1, M[, it 1 r. , w 4,,, `. t{ ` Flume `:'1 _ _---- '' _ ' t • , • Foreshore 1: z ••.S ? ' + . '` • _ _ �. 1 1 • t. a I 1 i 0a s • 1 " �i ;: . : :Lilt•', 1 Ii14 Hazard Zone • � .� C" , - - ' 1 : 13,405 4. !rl/ ,' 0 :1 . Ik. ii }} Notes f v �., '� II - —.44' S _. • �I ll1 11tlr 2,234.2 0 1 , 117. 12 2,234.2 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_ 1984 Web Mercator Auxiliary_Sphere current, or otherwise reliable. c Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION t - _ � � WELD COUNTY 'iii. �'zas ONLINE MAPPINGREJ IIERRA EQUITIES t, Ifs ;'�� - , Fort Collins I l f af. Ilk . . • K6 ..4 •1 �w. 3sr , - _�" •`� r Leg end Y lik- - 4 41 t _`�°' Parcels tL 4 Highway ` "'-sit I Township / Range �M4 ,-� — kik Section ,s.;. . a t 'Th gi I _ w ISM= St ; :� . * �- } Lai County Boundary w414. .ir 4. ti • t IT t, 4 iit, , .. ikt tit1/4 r M , „, 0 4N k _ 6 iie, . , I 7W , - _ 66W . 311. IX It M .. ! - f iii in * s et' , . _ 4, . , _ _ ...........c. ._, a _ a 4 , _ . MIL• / . .-�. __ •', O -- • pit'„'a ....SOS _� yt +�;. 101gia r AIL.PP \ I , (pH, : lt 7.1. a • I. t raill . ik I / • / J di A .7 D 0' . ''' (44 .,. r • .,............. ... . , , Y. _ ‘ . Cr" . ! s in.lin. "1 4t~• /; • "One", AOC 1/4.,) i . • ., 7 sr r • -,0,.... ` 1 - i I ' _ .9% 1 .• 13 ,405 i •. , . rfrill Notes a 2,234.2 0 1 , 117. 12 2,234.2 Feet illifr - —11, 1,. _a ik 4. DROUHARD PROPERTY This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS 1984 Web Mercator Auxiliary. Sphere current, or otherwise reliable c Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION I CENTRAL WELD LAND SURVEY PLAT rry1A'� iWnnw°uriaWwirpi PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND TOWNSHIP 6 NORTH,RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO MOOR SEC. Ba uGMcw µzy7,y}�' aR5W.MI A 'E 2 NBe°15'd3E x•1s r45vsuc Br \N88°45'43E� 628.99., i \\\ \\ \\\7?9oas\\\\\\� „m.mlEin c� ®,4.111 \� �� \ 088'40'43'E \ ypµrrrrss Ea \ 27.07' , RYMCNEI mat \ �\ 9'`$ it 2. N. \ `;`°off oAgg h',.N88'40'S sus R 487.93\•` g \ \ \ \A W NO°23'05 W 089's T E \ 2635.39' 374.25' L. \2 iLOTS \ 141.17 AC \ LOTC \ 011 X0.awwsixa nI0 N. \ EINCDRSEca • \ jR51W eMPY \\\\\\\\\\\\\\\\\\\\\see°5sosw�\z'sze.94'\\\\\\\\\\\\\\\\\\\ 44.ALUM GP \\�'aB" " �U:=24, sW�,.w>wr .0 B IIC4144 P G<µmnsm PROPERTY DESCRIPTION NOTES IOTC I. TieMDPM114OnoRD�. WASMAIM.nEaen. L. N _ BE��LGREC�A PM��U 6.401 AT PEOEPTION xwiHFl3i NOPSECiDpxEffiipryyypex0a�x.aNIGE&Nf5r6TNE5ixvu.. 2 II.THE UEHr'SaEDUESinV BIGXiBOF-W.LY ORFa9BABA5Na SNowxaxixv95umEY. Ca4nY0PWFN.siNrEf*CULP+ADO. WG NC/.G.[PIDOIAWMIIgiCWLENCE4YYLEGLL ICON 015FD Uq'HuttppECf Nntl58URtfl' LFG MOM THREE MORS W.100 11451 DISCOVER SU.DEFECT MOTION CCCIE.10.4 NOM 1149 SLIMY BE COUAE11.0 MORE MW MI YENS MOM E DATEOFnE caLmCA EVEXT �'��j1.011. Ciw A _ ®� tro FMK"PN S�YE1tOW RASLILGPL5,m55 H]aR1EWGrpuHL040F5ECf OxArWM1IF5 , �• 1.WLF55110 01,1FRWiSE x04110111114&15.1.Mrt I6NC.4016 'mw INE SOON SAI LN4.BURSI NAIb➢BTNF®Ru pIME NORixPMBYWe]s'1LIMINUMCIP 1i4sE0LSAE,ON n1E5W,x SVDL11E BFNRSN041N49.YD5'WE9i. 1$11 T°� 'Q, i nR110P11Wm10'Jr CNP s OF UNITS ra rMlsunEY4E U.B.SU4aEr,EET. `g3/s3�i5:�t•,; °aLie.oz • SET•4P441wirn00.111.11.01.51C tNP nS eme 2 101,....14) PuirEanEcaoePARw4oDRusrNNDE .YY IN RELATIVE TO MSS Of 0441110 INCek000E ASNEAam.D SNARING MO CCM. YYYY.YY' SURVEY*SYSTEMS PROP4R LOGTIONANONORM W W1r4DeNay. CENTRAL WELD COUNTY sci4x ISSUE DATE DATE.216,14 a o�W.ens-- is fall ears..,dig GRAPHICAL SCALE Lana s 4.Comp, 1B.B1� LAND SURVEY PLAT LOY. C..550NDRm °'•' ""�w ' •'E`"'FY.,COLO. _ 1st NE SECTIONAL W 5W59&0s5WEST �8N50880, c,,.�xESSIVOS4, .F.c40 D BD Na W 5 .sL OE OR0un4.111 nLmas 0.. Aswwmvr.,a.°ya,.....smne a LOT C,RECORDED EXEMPTION 110.0807-28-7-114-2910 P,CMeaOOR. 1111 es DAM COM, WELD srmt 101.00,43 5 OF 20 Y I CENTRAL WELD LAND SURVEY PLAT PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND P TOWNSHIP 6 NORTH,RANGE 64 WEST, I I. OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO ANW SEC 0.1400.001. I `6eeA SM. '.10 I .4 ; WCRAY6 / I now / "mmPEDuxx.x 1 1 4 1 24 4 U I y� RI.CORSEC14 roots,sni RI E..2S.2STAMPED MON N89•i POYE� 4,2418S� rrosr m.,• __ e'm,mrtPl. N'ryl ''''''...0000 St: 4,4 q9 N LOT 9 -E, a `.. 109.82 AC .p"it� '0' RECORDED WPM NM 989.1040', ao.,mxnw«ExDa J5 24707I I SLEW.pi 2 MANE .ore NO°2EM W 100Ar -xA,REALM E La 22501 ra�we`"x.e x`nii xo-x,rw�ol WM..,xmum�n MO smu u •'� \$8g'10'19^xY `2O38.9r • naw PROPERTY DESCRIPTION N01ES • 201. DE CAW • ROOM.EMEMP40.0.105.22.2002. N onv,°wro` 's0aMROOK.24 aE�, r.`iw`Em.asH°oFs's"Eci°°w«,ATmewR.l,oAM.wrmEaaussrorrremrr.r.. x. 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OK LOT B,RECORDED EXEMPTION N01057.t<T-RE2009 WFilMPKYFPDWk emx 6 aa. eD,Pc. cow,: wm EMR: COL.. 6 OF 20 i CENTRAL WELD LAND SURVEY PLAT YIR;� `atiCYtJ�1uLIMiLM»+IweMui PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, € TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND • TOWNSHIP 6 NORTH,RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO S e 9 FA ill PA.RO.e O COP 1w i iN ffi N sWww unu NS8•%'5rE srAxREn MN COR 9.111. 1372.14'\ �• SWAM.UVN IN OCR rsN .s`ixliw 1511.NM,MN T P. _ NOS.; guru `\\\\\\\`NSS"4s55-E.\\`2800.55'\ \ \\\\`Ne8°13'39'E�\ z&mn\\\\\ 1 1 1 1 1 1 1 1 1 1 k 1 1 LOT 10 ;•-' h i 162.81 ACx •g, 3 LOT 71 T. 616.90 ACA 0 1C 1 1 •... 1 1 1 1 �7317.3a' Ey�u�sy�ya y iuCogs[try3 SSB°41'14w \ -..„, .....„.53.4614...,,,,,,,,,,2711.96*:, \\\\\\�sBS•53'34w�\wtz orb\\\\IKON SEC J. 801141^° �w NUNMr. rx TAilAUNWED l CAN • PROPERTY DESCRIPTION NOTES N w V.3ECOM3. r,, E ROWAN DExNxa WAS nE won. rWWNE,w 3NORrN.NANOE xWEnof rNE611,n. caxrx aEWE�D,suiEacaawm. / vER ixEa�EmsREO�srNoxrnsOf.wA.oRE.ae.As�rsARE SNovx aN,N�ssxNrr Aro 3 Nor .,�cnawrornawm�.W,w..xrca.arE.N.urxx.,�wN.�D�wN..WmEcrx,Wssxnv N1INIXINREEYE//x ArnERVCOi:1r1 OVFxsW1DEfECr.IN NDMxrWYwv.Cn0N LixDNµTEFSU' 4 MO SECTION COMER NS NOTED,wssNnENEEcw.RFxcEDNaRE mwrM rwxRacx,NEwrEORrve rnRnErw,iDxsxaAW ta. ., NNrrNgvwcEawEarov,'xNvx o caxrcaRWun carnno RnucEerWE'srair mN icvuxeO eowwMwunoi�n�rKww.E�.�urar�'iw'ErDrn weom raxDrwrnrNourc.v NOM AND TME N„.I.SAOvO•w¢51...1•xITA..OORwr ix e xam u: s 90f BENiNGB:rxE eEMws,RE flwE00N1NEM£5r TIHF 0E5[cmr�/,rw.x9�x5�gM1M 0.WimNibTOf 4/s f ; 9fl/3RF8N,WrNREOMOcw,5 ,i AIEI COWS,1.10.pp �OVA32 S, Sr,.rw10655.11.0.ANONv.r38• /nM1At�aNO", • �� y x A.cEpis ON.xORrN. OIEE NORTH 0,010. iPq LOT,II PU,R➢mECORp BFUMOAIpORDWrANCE P OE UNRsr RRExRrEVAREUS SKWfYfFkT HKK•AY\YFfl iF1.ArIVE IO B.AasvYBFA fl NIC('%JCYJPE • R,E,,, SURVEY©SYSTEMS YYYY.YY 3NEEDRRR RWD�DnNE ''+'bf64,0 CENTRAL WELD COUNTY PROPERTY LOGTIIXSAlO INFORMATION ISSUE ME:712x14 Y4x1aY GRAPHICAL SCALE t• arr Pro...at.m Swept.Comp. LAND SURVEY PLAT ,orxasa +: w7E MxYwcaurWn • __ .m.4,x.E,.wn.coxur mw..v pou R.xEn ravn.uNNnun�Ne y°f 55 R 00 , PO,..6..nrem y 81 Men LO IS 311 ��. 0 R°„°,a•,N .„�qy W 7R E t12,SECTION 3,TSN,R62W SUNDINSIOli SECTION 17,TIN,R63Wcrr,PROICIPIL MOM UN lOrxO. Comm WM SIVE 0..0 7 OF 20 k CENTRAL WELD LAND SURVEY PLAT dl'Mi rim imila irnmmiluwrm PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND i TOWNSHIP 6 NORTH,RANGE 64 WEST, g€ OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO 1 R 9 NE DDx DBE. e xw sK e M Dx D�,s. MECCAS. � ,II WWII m EMI 3.ALI C PM rxo'ruuuu.� rv,Revx.emr+. sussors GP . s�ARscru.!. PED.. 5runfnis.au swsEo uu�is 589°21'33w 2634.76' 9 569'1T47W 2656.55 \\\\\\N89°74'10'E\\\2622.09'-,..\\�\\\�\\N66.1230.E: 2823.0r-... .\ \\\\\\\\\\\\\\\\\\\\\\\�\\\\\\\\\\\\\\\\\\\�\''',...,,,-.4..,6,..\\\\N88°17'5 k 21 n2', b erucos coe x TF rd.6127 SWRED LS. Mt a SEC.11 I'x'D LOT 12 638.22 ACT 655.77 ACT a pp3'�.•o O\ S E.' MO Yuw ACIP Slat.3.13 SE Cat Men. SII.E0 LS 12,2 Iw.gMe*HrM xvr.em PIA NE LOP SEC P. NC flf..,511I PIA SWIPED A. OHp 3'ALAI CAP PC uTm \NB79946'E "••:5152•07' 588.35'4' 2559,13'. S86°44'39'W\ 2692.11'\ GP LS.na S89°44'26'W\ 2692.42'\ in PROPERTY OESCRIPT1O NOTES .71011 13 THE PROPERTY osswRmoxw.soxv.,omsr,xEaerrt N M.O.snarcn RawaswwssTornESTxrM. z. REx TREaarvTS REaussTwnax,sarwrrws,�rNu. sxowxu,n�w sum>:r. w«,DST.ssa,w,awm rwwsrcwrresARa .rnwD.gDa9x.MrRA,rnMTsassDEr C:C.xo ruxsru,uramswoncorersuorosven.xxoslunwr.xrrc,nxe smwarm osrccl. .xossnN6COIS Mfg..sxoRo sFmslx Re lwssumrrEcaweuneMea,x.wla,runs mo.,s�n,,,ear, csnnnumxsxurn tea. rouriorwscwis Ravin Rwresaxmar Txeemvu. . eun..s.•asm on lxE SAST UEanERaMDEneraMRDwnxc>gxn R,Awww " EOMW1WRrx„uT us ID w,rnavEsn,sT.TeacaoRMmu mssmswrcnurEnaw.wrouuenrnar.s'uuw.•vrssrsruu.sua,eer xaDTx,woer.wRwx,MUP WIPED1.9na0NTREBOUM..1)MEBEMSPArDi 1IVZEMT. 3/_3/s g` A snrs"�..awm,icoaurcuv s. DEMOS MR Txss.asr,Mn•Da.MmE.scm. ar,.n.,, • uo• R ATIEL CORI eDMEu.Ta0s 31Axcs M0.1(11 RELATIVE TO&SSOf I.. ""' 'T`m u8TAxce ,S NX%°XX' I .s REASIII.caexcua vYYY.Yr .�WOW. SURVEYC@SYSTEMS PROPERTY `DR""Dx �SAT X14 _a_ CENTRAL WELD COUNTY Aoo a PENNON WElrte " takRe YOM diG GRAPHICAL scuE s Prof„MmMuwsw.rnscamamn,sm_renn LAND SURVEY PLAT rm• - MI ��s1EET No TI 1-` .r.CO WI LOTS 12673 els . O 5e urammioum AAeAemu,.--- x°`av a m ,m v0A! A varna+r xn.svwRsms.+<II N a SECTION 11 M.RG3W mac Mai It on. ,ETD STATE caDnm CJ n.,�Aow•ieR[ SECTION 18,15N,R82W COW, 8 OF 20 k en, ,,,,;.a .:: ,., .. CENTRAL WELD LAND SURVEY PLAT IIi'NCR,rBA.Iie.'M,MIMNYA91,,..,,,..RN 1 PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND e TOWNSHIP 6 NORTH,RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO 1 t 1 2212029.It :n%M..eiu'ou12 .e u CAP P210 2 NAM CAP sna.,'PEn Esx.s s*N,aEnxs.0 sTNwmu _—— ——_ //f��\\\\\\\\\N08.30'N4\\2617.99'\\\\\ry\ NB9'OJ'51'E\\\1151$'\ ry emwi 9 N8T°,827°E\ / STMr ALMA CAP AMPED LSO. \ Ewsm� N89°1T53'E. 2621.08'\ 2621,18'. \ J/ \ N t412.02 9E-0 \ n�wmurnx \ xwcaxstc,s.� \ \ \ \ MVP.LS \ \ tii L. \ as isms nNn5.7242�\\ ,. 232.2.2V \ \ LOT 15 \ \ 493.499C± LOT 14 \ N. -, I 626.49 AC* \ I \ \ sEcw sFc a ,N cw sEc n. SwcCNSEC,c \ Si�NwSOLSWS \ \ SE sEc,s. r•rN �CIP x \ \ \ PM,WAWA..Re ENO IT NUM TM \ x o.212 En wEolsxxoe �sirVrto,slru .... _ 1 sw.seols et \\ \���\���\\\\�S68°59'51W\�4119.7-1' \�IIII \\��\� __ \\\\\\\\� we,r NwN SBB°35/711\ 2590TB� 588°35711/\ 2590.11', NBB'29' 90T\\\\\\� \ 3. \ • • PROPERTY DESCRIPTION NOTES N sccnw,r m.wNr slxearaPi,eemrN , „E P20222,.wsowTwNwAS PROW.BY 2.0SW. cauN>raeEw su,EaEcaaam. x. oex„Ec,rxrs,aoursrmx.ansar.,u..we..sa•x.srxss„o,s„wmssum,. rNo CE AxaPm,arocaowmLAW YOU NUSTcau•.FNCErxr,vr x ACTION BAND OH ANY DEFECT INTHIMN. rxosecrioxcow,xnssxmm NAM THREE>E 2.2.YOU wxn01220.nsuc.,ICE7E`i,xe 2010 EVENT MAY ANY AC1 At xi2.02m°UPON PNYMErccix �,br?4;,--- ' ®ffxo .*OMCNosxoNm2 wuGEtx sw.5TaPT�emrw 01. . BINS ASIS OF EMMAY EC NE ENCED MORE TNAN TB YEWS EE.w,wsMEWEDON rw E...a Alf N'nNEAS1OUNE,ER OF SELDOM s,.rasw®ers j-.•'r '•'.Fo' O Epp.o PwAw,s MHO,STATE C1 CapVLO. xrxe•nEonr,ruuwrcwnNErto,suuaxrvE xus GI rouxor«mmourcw. °xEnx,�N°`,eww°s."wn,s,x.OY1ox uxNEE.�.:auTxa•,vnrEwTIEON,n,,.t '� ..,m�unNcxccw • S. eseaw.Nwcs:,HE SE.wxSs,.vrw.sEoaxT,<nEsruxEarmENoa„mEnawnaasEnxw,s.rawsxvs • > :< - xwxm.NwaEuwenaT,e em wxriPN uuaw,vswN.,ENreon.auaax,rcvnlwEn,seexssarx� r..nEnmEcaao SWUNG NOM mrwTCE MOM.vosv.ss•uwxwwSrusmuruxax.,e song.suo,r[euxaxoamvam•vmvonlor,qxxx.•z.tpi sEUTroawSasrxu,Ni I THE xs FORMS SWAY U S.SuvEf FEET 1111"^ w DAM.NIO'XIC(E esNTAEUPEoeENNxaNxo DAM. SURVEY�01SYSTEMS� CENTRAL WELD COUNTY , , Ee«oAm [ATE REDS �4 below. PROPERTY IOGTON NO eFgaNTION WSUE DATE:226/11 Cal bebeyou AF GRAPHICAL SCALE P...a Lend SurveyyCa,c.y, LAND SURVEY PLAT r=569 P.C C2IM-E SHEET NO. .NP..coevux LOTS 74815 ewac. WOEew an,,PIMSNEST ---... rarE,-.=.°° ,O P �vNOsa+xsY„mM �%�w,Mv.�e. s SECTION 17.T5N,RB2W art MM.: emn 'N°�Von.. '° °'��°•�� • W 12 E 12,W 12.SECTION 15.T5N,R62W xoNeq yga STATE o 2 OF 20 y ., ... 3D.+=B CENTRAL WELD LAND SURVEY PLAT b iiIPA11S111/Mpiaroii1lIAf1.6111 1 PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND I TOWNSHIP 6 NORTH,RANGE 64 WEST, I OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO I e P 4 1 ,9<P6T W ITN Pi AL�aE 9 MOY N CAP ,e . see°53.40W X2711.96 ter"�rr�see°s3•xw X271237' \\\\\\\\\\\\\ �" 9Ec� \\\\\\\\\\\\\\\\\\\\\N86°53't9'E\\\'5438.54\\\\\\\ION f13311.UN MO l'ALUNC.4. s3.�wc PY SUPPED.RE MROWY CAP L310035 bF r 1, e. OW 3.12 ,..,,. ...,. STAw'Enu° _—— —— w \�N89°05'10S, -'2701.60':-.......\..\\..,:,.. ,sxNan wsDxiwYsw LOT 17 LOT 16 srAwmislms Tw RVW 607.68 AC* 477.41 AC3 i.gg I 1E a i E .S,,I; \\\\\\\\\\\\ 971°0539V ..see•31.3sw 1304.95 750.00. r x I i\ N16.51'21w ' REMIT= 550.00' ' SIM CON SEC 2, SE OMSK 20. 972.3607.E 61N Rd su,ecDR� 114 END,NW CAP 930.05 MINTED LS 1m4 SWIM. . SDNEEDL3 4.15 569°09'23V 2691.00 589.0043V fi90.87' 589°31'3830 4038.65' MARKS WOMBED 00. ALRWW.T1 FN SOM..YNE •• 3is F 1 PROPERTY DESCRIPTION NOTES 9 N.NN IR.SECLIOI A Mn • ry NORT1,11GEUNESTOFTE.1.11. ,. ,�w,ow,mDEa<wPrDs WAS ENwDFn9rr�GENT CC.,.EM SWEDECa... 2 PEA E CLEWS PEUMNOR10NISDPWAr OREA9eB01SNE SW. ON T.SURVEY . IP 9 NORM W.13 WEST OF DENT 11. MEET 119,T PORT.OF THE FEtEDFa.NE,EDronEsav1ERE.sEFDDRAmwncap.Nrww.w.m '°F"E'°nArEoFcaDw<m. = AcsMO.TOMOW°LAWYOUWVCa.ENCEAnL AL ACTONMED,saw.DEF.,IN ®w 1.41,TWEE TEM.AMA YOU EMT OWNER SUCN DEFECT PI NO EVENT MT PM XT.BASED.C.42.tt DEFECT IN OFEDMCa6EDMeWNA3 nicd₹b7.aF5CR®ASFaip5: oivp EonSYE0 rO70 Funs N+FsrtErf.Ma',9ra�REat aiafEoxwl DIS r(ECaLA.=MOM T Nla YEA.MY TE DATE OFPECECE1fIWADM EWENHEREOF. FDU.p Mt dYaaL wSxDrED • ' I 017E MENDS RFSEA0a0.FRON ENGE DE NOLIMEST MEI MUM el DEOPEES251110r.EASTOF OF 3.30 SECTION!ID OEMS NORTH W DEGEE,1O ID.2007 AS REC..NO 3410312R�¢1 . 0.512 Of BEARINGS,riEBEWwD9 ARE 9ISF010581 IrN LWE DFrxE90Y1KNraWA1FFa EEC1o..0 aNbW5 MINUTES WEST 4112 RAPECWEST TED 0102 BAULMUY CAP VAMPED.12374 ONTlE iWFORNYn.M1ULGP T DARYOFTERNinr OR WAVOf fNOERarCN75GFEE,LOA FAR1 RP ON TE WEST wO LINE BEMS SOU.WO NT YEW * E.RUN EASTERLY BOUNDARY Kr ORSawvmN RED wwcCAP POINT 31020 BOUNDARY.vnw0NWr0rw.sr TIE.RUN DUB000 xr ET,MORE MILES..70 APOW,aNE NORM WEO•TIE SOurn PiATTE wLSF.• x TIE uxns wRrNls suRlErPSEv.svmErFS,•r. MENCF RUN NANONT IWE9rtnLr DRECTON ALONG TIE NamI WEOf DE SOWN RAVE FNER TOTE PL.fE OF 8B0NN.ID wsIANtE. xxarE TFf WW1/ETD 04Ya a9EIRING NXX'XX'XX1 ASIEA9NEDIE.aroMIODELMrE YYYY.YY below. SURVEY(*SYSTEMS CENTRALWELDCOUNTY PRg9 YLOGMHND9FDPW d -199UEME: avl4 '� Cal befanyou is GRAPHICAL SCALE AP...wawaSwayingcopay LAND SURVEY PLAT �� RFwslox is r-sar m.Bowen,COEWI erana.Fa 30x72012. LOTS 16617 SEEM m``.'w t4rE vv'A"n�v��wi°E..Er4G. 16 P0A t.��,,,a,,,FZIs "W�'m" 0112.NW 1/4,SECTION 20.T5N.R63WrEelawA °r" 10 N...a°�ias SECTION 21,16N.R63W x00* PRINCIPAL NEED SLATE II OF 20 I CENTRAL WELD LAND SURVEY PLAT °6 iHHPrCILHKIiii.;,,AY•,,..Y,,,,,,al &&&&i PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND I TOWNSHIP 6 NORTH,RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO i i e 9 } SUE, MING,.SW * � xwca+sEecio ou STAN.LS µ /p MOW SINN FM: oµ 9 A! srArr9rsws 91AE9r 9� x ���STAMPED LS ASIS \\\� \\\\\�\ 'N69'4S25'E\�2561.46•\ ���NS9°N7PE\,2561.62'\\\\\\ `,..`,,`,,,,,,,41139.36.10.E.,",":155.8.137...\\.\\\.\\'' .\ -,.N89'5T49°E,'2559.13',\\\\ $69.4439° !',- e z tC atl a: W IN COM MON. T�. 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M� REE tFM9urEnvWE gECOeEYR 5JFypgEcr.u]n EVEHr RCTpvw UlVxpnpp[Crw 1 i;;e • EuosFCMOM CaO.AS Nt.O A•o rxa cDlSuwrouORE Ter Pn0urlEOxreamE ruTwR xuEOx W"•pF C E.WMD.4NEGSEnwr�ExKiu]rac9Krgxb.rOM,6xV exortnl MWamv.F5r0f F'312_;//5; �. rabMlaw]5 NNgArBnm9xArx CAP 9IMiFDE5Er60xrxE xgrtx Axp BVA94 i EPI.MO IOU.e]WE6r MrlE pixPu uw PTT. �1Nt 9DUrx.suo0]EB OFRM1.4NN'uE9r. A POIMMwnxpuf cv C ttOF wFE,STATE ORC0.M.DD. f. nr UHrtb ROR Mi99URVfl'ArE U.s 9WVEY FEET Uy.y� wM:EE PIASIKW • • • E EM.MIA SAO SECT b Rw1 PARCEL OF WO CONVErt➢TO tORIA.xr 0..1,f/. .I.Fa99i 10.201.K Mil®AECbpBEWMC.wom NUANCE NorRYEPMxxD..00]319 D" .. F, REumE TO SAPASCFKMA TM , N%%°%X'%%'E arECE 'A YYYY.YY AS UEApwEn lrAww ADo9 °iN°"'• SURVEY*SYSTEMSb CENTRAL WELD COUNTY PROPERTY EorwnoN,w9PraRN4TX1x ISM DATE:2!2&14 ounaa CSR beIarEYa11 CE& GRAPHICAL SCALE .naarw Land s��+*l.,ararv.m LANG SURVEI'PLAT Nut cesurmuens :.o..o Lor co SOW Tel OMO.. wD DR.cRRo�xx�RD,.� R 20x 1209 P0^.wosx�a �xx... .�".s.A. A LOTS lea 19 EDGE wRDE. E:n �6NEETNJ. SECTION 22,TSN,RWW PRwEPAE�w.s 11 SECTION 23,T5N,WOW arnO COum. wa) STATE COLORADO 11 Of 20 Y i :tmu •,P ,•`,,.. CENTRAL WELD LAND SURVEY PLAT i iCMa[V3Npii4LYi 1A4,1in IH.IIP I PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, a TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND i TOWNSHIP 6 NORTH,RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO i 7 PAM TMw "w M'� amO9 AV s` ,.n.,,�,WO A RAY SAWED ,N8r3946E \5152.OT a sea \ S89'4439W\ 269241'\ S89°44'26W>. 2692.42', \' CORSEC,A SAWED wUNCIVV.� O ibx.RE9W.B1Nm RANCOR EC 24 W NwED LP.2 AO MING; fro r um co SWAPO LS AA LOT 21 LOT 20 414.88 ACt 643.61 ACi IA OCR WWI AMR. WRACn. Alt WC AL.WI PM \ MR ALNICO ,m2,Rmw 9mw NW IITPLUM w SWAM.\587°0752'N X2522.37 SIMKO.RA i \NB9'O3'IB'E ,26279T .�a� AA '...S87'02'52-01'2512.81' \ \ \N09°0339'E �2e27.BB .� SPCA MR II7 ew CAP SIMPERS na • • • PROPERTY DESCRIPTION NOTES N «CRm.RN,n a,RRw i.1.mOPERTY DEAR..AMMOunarncCUEx*. caemorwE,n.s.,EOE�E«w m'� : rax,�a:E,r99�a,Esrxowc„2sa.w..aaEusuww2s.aEww..waH 2ai9aw.E.. CUUwERCEN,vEEale�now 9Dm�2m2.�EEC,w,xm9m�2E. •"w ' YOU ARADISCOVEha9UCROEEac1.ANOW.N9rN2rAW.BASAWPNMYWPC. ® MD SECTOR COMER PP ROM mE a�aEADwm�. ,E�9ArvEa ED a�AA��a�DwA j',� • iPWORW,R..W Or..PH. a r,e 9Ewmrsua:eASEnax>�ens.xE of rExa+nansrawmn O rwroor2ewls asECnON N,,axasys WOza G:. 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CENTRAL WELD LAND SURVEY PLAT E iialLY4v71WLWAI IMAflCOCIA VII PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND € TOWNSHIP 6 NORTH,RANGE 64 WEST, gI OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO d I 9 e NE CON MSIN El.5. MGM.SDI MI 'CCM ssc� INSECSI rRuuD��R" A @ NDSIZHIYUP SITLSMSIGN.IMEM.MN PM MAMMAS '55MIMEO PAWED LS no �`S`Fro r uum co��\\\\� \\ \ \\S88°35'g1N� 2599.2G�\ \\\\\598°35'31'uV\\259D11', \ \\\\\\N99°291YE�\\2599.43\\\\\....„.4110 \ \\\\\\NBB°29'33°E\\2599.OT\\\\\\� A SWm TES ME N. LOT 22 30 T5N MEW LOT 23 63013 AC₹ 624.42 ACt \ \a F \N88'51'52'E X5159/1' S88.50'46'W 5178.88' 172.32 MEW..SIN CON S.Et SPOON mnw \ STAMEN MTN, o R@Lv.s'SiNBI/7 NW w \ Fnore,iiauw�w SUPPMT ED LSE S sTHEEDw Y n I PROPERTY DESCRIPTION NOTES N SECTION Xi T. THE PROPERTY DESCRIPTONWAS�ROHl 0BPTIEWENT TOPMGAP NORM RAMS @ DIES'OF TI1E 3TH P Y COUNN EC WEED.STATE OF C¢ORADO. I. PEA TEE CUBITS REOlEST NO ROmSOF,Y'AY OR ESSEEINTS AM 9VAINOWNS SURVEY. LhOMlp TAW...MUST ACTION B�aOUPoNANv�FFCTNTx6SEMEN 5401743 MDSECTgNt01wH1AS x01® µ0 3 RM YF YPF7EYOU MGT DEEMER SIGN DEFECT,W M EVENT WY MP ALIKK13ASED OWN MT DEFECT 44EIG YORE INAN TEN...ROYTIE DATEOF THE CERTIFCAT@N 9INRYIERECk . SECTIONS, NwM RANOF@WE@OFTEBM VY TN443URVEVBE BFANEd BAFn 66E1;IN.N /.y0iT•-'.lO 0 FOUVDI4lf VPl9 COIINn OFSwR0.9TAlE0FC0.dYD0. A A AKMAENIED ST A3 HUIMMW SUMO.iN2pNTf WWII MA,ON 11E SOUK Eft ]BOX ,, FOIMRVMFxpDW LEEeEARsOF xwTxC mDS : s2 hs--;' A s3TASREerAwrtx REDPunceAP a THE UNITS FOR MS SURVEY ME US.SURVEY FEET • ."•• .....•. MTTEdRECORDBEVIMDHa pI DIbTAn[F >n4Fl RDATIVETOeFwgm BEM.BEwYrr rrP N%XN•%JTXX'E A MEASURED SEAREIDHO DISTANCE YYYY.YY robelow. SURVEY q_;SYSTEMS CENTRAL WELD COUNTY PROP9EM1LJGTONMDMORI/ATOX ISSUE DATE:SORE cal Mimyou dy GRAPHICAL SCALE AP a Lan1.43..COMP Ea.3.3 C.V../ LAND SURVEY PLAT LO, ,ox ev..S.e rmsocr ��" 3 " LOTS 22523 m%RETRO. "'+mac r'pauc�T"'w:s�n AmmorsE SUM 403 D 96 wm n010,.,9A.,.,.: ....s.+rsFNR+.� ero.eiu SECTION 20.TOL.R62N' 99DFnYCN. PRFInPOOS OYE`"IH 13 I,muaRY.AAYe1IwnA a P�As.�uNrvw.D..es.+E.�vv�ITEE SECTION 2I,TSN.REM ' R WMY. MO STATE canRwD 13 OF 20 B FP L• r4 CENTRAL WELD LAND SURVEY PLAT e BIIYdRiiiii kmoitiSA11Ctrabi,aY1 i PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND TOWNSHIP 6 NORTH,RANGE 64 WEST, 1 OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO e 9 EE ). 1 NE COIL 9 C M Ye PM 794 WR SEC YN TOt RM.6Ti PM ,. o \ ca+sEcn.kowsru PM STAMPEDIP 91•04.3 LS \ ws °L"'eP^°P ` AaAv.\1489'87404 \T627.9T � �S80`, —StOREOL94615 CPI� \ '''.'"E\ srnrsE.tsna .\\' \N89'0Y39'E \2827.00 '''`Z\‘`..\\.\,\.\\\ \\\ NBB°SB'05W\�t4B12.75'\ PO CMGP \ N \ NO'5714W 856.67 rgri.liMiniuu 4*. S NO YALLIICAA ?vh 5\ w� MP WA CAP M c w \1 E1N CM SEC 24 \ ucpRff aTKO.MOLY \ mRmW.VOL µ TA.R6M'COIN \ LN \ TM MT ILLUM 4.41. STA5ef.Ls 7142 STAN.LS \ ..... LOT 25 1,ILLOIL 6TH RI H tiSi rPt'c 621.97 ACt LOT 24 \ g 478.86 ACE SE S itle COIL SEC N. mAWY;PLs+em eL, al \ I 1uu ;� CAP \S59°02824 fe' ij wL'S220.5 �32125' \ sEa� rwCOR mxvs b. mOWITTESS COOSWCORSELE 9 �__NO°06'124 mww \ .m7n.orn� m ,sue FRO swvr\ 111PPOOL66ENO Mm 440 \ 80120' r LS.5 w ,• S88'5Y2dW 26118.49' NBB°: srA,EEou2mN .489.2010,N,`,\`<1302.08' \589'IT12W 2611.96' \ Lsn. \ A6nEn 5588°5210W 2608.51' S 14I MR SEC A • • PROPERTY DESCRIPTOR NOTES _ WOO., t OLE PROPERTY pESCRPT IWe6PROM.RV n&CtEM N IMMO,'NOM RA.8.81"Of RE6rx•N P.. i) caWnraRWEln,srA7eacawum. 2 PER rxL a�ENrsREaEmxa RxeLnor.w6raRr.��rr _sME MOM 4150 MEP.ROM SAW wSrIMi110.C.M.LAM ANCONM'IDroW.EO.NFiroNM.BRBmHs.MF1roNSY 5 EcrOE wW•`wr UM PONANYD DEFECT ELT 44 TMGFt SURELY .,,f.�--- ®ED fND5ECRwOpMERAiNEED OHO RECORDED.,18.5AS PNMFLa wmcpW.'Er®ra,a wYYllmun.EMmusr eroEEOLEO]xoEn T IN mR SURVEY c rwrWHO WEE YEARS E1.13 EE O MU 4 LAX OLSCO.RxDEFECT. 0 THEW +xELFArerwnON WO.HER.. .'/Y ARM'' wunCTIONC s.Tl.11:„.....,,,ING.FsROMT....1.....0SECT:27:4.,,,T x .2mFAnw. . aE NAREnsrxENuwssM.R4®wriEEV:5LxEa>HI xwNE.sra.MEna�rEWn.Ta.Ms1w5ouo AwmE 61 WaraErempenewn1EneN.w.tsunu,Exrep er.5s•.,uruuvnsruwmwnawrrE s°°'eiPouoPxwn�nn uPxoxw.woax5wrx uENAAsswTxo•mSrwEsr irrninrat �3���'w 8WrmREDRuseccw5 KOSOf4.0.T...A. ON.WEST Lt.a IEx�1wEsruvnrERasErnw2a O..6 --°i i • sE EPawTNvMxd.x.RMEFmwF5ibrMEeM eERpVNASeNNeRB.EDMATMllYMNCRP5rW�EEDISTdpw MEuvmemw Nwrx.voarrE 6oum.vnLMEssWsxoRma lmrwrWw wrai RrEOR wnwcE 14.44 El .441.10 uws OF WARM 6. II.UxRSEw MEN.SUREYIRE.S.WEYEEDt xp1 N%%°%7f70CE AS MEASURED6Ewwmmws . YYY1'.YY' Wg. SURVEY*SYSTEMS CENTRAL WELD COUNTY PROPERTY LOCATION AND INFORMATION ISSUE DATE'2'20,4 •^ 0811 before)...A4 GRAPHICAL SCALE Hein E 201E REWEx W14BLrs �, mna s��...,,,e�rvRm LAND SURVEY PLAT A Prole* LOTS LOT. TOMS 6668 �551EETNO. mR a 5m ..� suns 14 2 E 5 5mN P o �° 14 L.,',�- awo6xwaaoMnnee. P` mu R0 m1 w �� 6 SECTION 27,TSN,863W arc 01 ... $4,...44.4.0.444.4.4.2 eW�.x SECTION 25,TSN,R63W maw.. w,snr. WELe SIAM COLOR. 14 OF 20 . , .�.:,°.a CENTRAL WELD LAND SURVEY PLAT N Iii Llri.'1;44SM1if,Aii 6I1h1 I PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND { TOWNSHIP 6 NORTH,RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO I P \ tl \ \ MO OR 5'xry S a]'R SECORSE., \NBB°51'54£ \5759.11• SW COR xc 71T. MIRA �,NO°OB'12fMO 7 PO 2.5,1 CAP 2.37 BIM RA \ 801.20 _nulcAP 2AWEOLsawi s SEC 14 NO 2 iiuuvn STALKY LS]33N xvM 7n„ " S89°20'10W \1302.08' \S8947'12W 2614.98' MASA,6111011 0501, LS 72.42 STAMPED.nu\ \ LDE5 IWEcr2x 1.00253 \ LEETANE, LNG. r` LI 3753302 ,w 02 an LA en. ,w 8'tp \ �, \ L] 554•020.1,0 saver Lee Ss1 erase 12.02 :r0707.0 pw 502..161E Me 146 ..03215E Any .aeePASTA:Cr. -, \ 13 500'16'3,.0 rota ..Z...` wI S51110151 sem \ S 5 025,E „]01 LA wren 81.02 g \ 31 L7 32.1551 143 1400.0...210/1316.02 12 32.0223.0 0.5v7 021 32.5753E 7427 . \cr g I L5 .24,.5,E amp Lie ewe.. 71101 '' sEc�VI '" Lo 550.5.,E 14302 _SM 34. S89'21'131N MN PM434 srAUFEDww PA MZN ₹ ACIFNRD SUM E3n RFcao ere hb 4nRA �.0 156.05 \ \5T LJ':.L�6 110 s1Al�n sn4a LOT 26 m MC ALUM CAP _ \ LS I.405 625.%ACt 'z 09 SSWL20 ae•503 W Iwax L.21 ND01ImY 145.02 A I 0221x202 n11M t 142 02>rAE 131: 04 rsl.3ear RL. i 41 N \ alma OF'MON \ 402.33 ACt 72q �, g l \g '�$ \ N5 1° W U7 � M-war40•0610.60 LA.�,R5w9w» DRSEcw I ] 8114001160104. I 10050080 "r nn LOT 79 l}� Ex�or2uiw�� 19,732, \\\� �\ \\\\\\\\\\\\\\\\\\ MAW/.erxw `8' CAP LL 6 �r �mvu ���\\\ PIOYONAW �IMw P5 1{J' .3.ALUM CAP Y3'� S89'11'41W 5203.90' \\\\\\\\\ sAVEDlAAOX \,N88°475TE1241.14•, _00. � $,0.5 __ WCR A'd0 aEEE1LN1o1E ..:',.......1.41:,.. °C U7\ 35 PROPERTY DESCRIPTION SECOOI]➢ AM WNW05 ROTA RMC 02 0WE20E11EBm PE. w.MnDF WELD.sm1EGFca.ORAro. McTaneamI.u.COMP'OFIIICO BrAnncaoR4m.un MO NMNSWING a EMTLO£OCISCPANFSAOSE SEMI. .Y ew LOTS C : COMMENCINGTHCODMr TIE EMTCAS 30 SWIMS AESErnax34mow12oaw6 CORM 00.9NREcrn42mffw wimRrL 0E�1ag15vE3:ereouuvaElvunaxYs..Ensuo 001.0502 9YON0.EAST MO M1MNL OMFR0FAb4G5 CONrA5Ep16EMROA1NE 11BE'10'. H O CArDMEO 0E.,10O W11[ma5E20M1l1 "N° o oEGRH5 w LWME.35%COWS E.T.A 00 FEET ALONG SAO MI 1.E TO MIME 00270E BMW. dSS4uD5AM LOT CAx0HLwvAG3F03a1nE.E,vuum771,aalLe+saRff7:u2arE munFnsr51arwE • NEW,SOUTH 1RErEesOUT 2GEu5FswLwulEsw�lu2s5v3.vr.anmrr_rt. OF smvrcw,EDOAVES5vEnELEmEEx CU Rex srlWAFC0 lmwIENSTR¢rroa4CENT TOMO LOT O.. ,2.0•0701011,4 SECTION 34 5Tx4u. ITIE ENOFTNOwGRFE52 10414011E500 SECONDS WEST s15m15₹r: COUNTY OF WR0.6uiE0FCU0RA00. THENCE SOUTH 50 DEGREES 02x010£52 SE01•033 WE:,Be OD FEET: NOTES THENCE NORTH w wO]HS W NMutEiw SECODBWEST.SEW FEET. I. 11E PROPERTY DFSCRVI2R WAS MOWED BY nEcuerr THENCENORM 7250 OMS]3NNO1F3w WOOSWF2.112.10 KM MENGE NORTH 71 NORM ss 1 W DIES w SECONDS W E2.w w MEN, FM EAST OF RE NOFWmE5r COM BONN.OA POW ON 7140 NOM LK OF.SWfl Of ER MER OF SAD A.cr Nom w DEGREES w Wu1ES 2 Y1nD.EAY7.31B 02£5.075 1 PERMFUENI9REUESTNORONf50FWWV 0REASELO]ISARE MOON iW5.LMF'. SW 114.TO A PM'ON hIENORTII WE Or IMMO.Or WM OF NDE IM.,PACA C0.01.000 GOMMY11410.1.0101100 m9EtwD3 WEST mwfEFr, BAWD UPC.AM DEFECT 1.411.SURAT MINCE. MINCE 1010014 OM 20 W1,0 NONO 1iNl M•MB N2FL11E.tt�r COMA.SV09NII SAIO MC,Of 11E FA.IIREUS4DSYIN. 11610E Kiln 0 MAIMS 2W11E417 SEGO.01.02..02 MT. 3 0114114.001.0E YUMMIER Y NOME,ACCCA00.0.00 YOU MT DISCOVER S ACO LAW 000 KIST CKICIE TI M AMY LEON MW 0101Cr2NBMF33tN3 AMY MHO'AI 11ODE NOON Y OEwIFF5 M MwJIE5b.0105WE5r.]2.40 RE, MS SW.Ilf C000.10ED MO1E1xw1FN YEAS FROM INF OM OF CIE C1RIECwiNN WWI 1.02.01x. L RON APACE.COR.EYED TOTIW010CgN1Y BY[®RE<tlEEOLNYS IaaM RCM TM M 1ECFPM5 IN E 20EORHSUAMWTIESY9ECOM EM Mt, g.NO OEUIEFS 52 MUMS 13 SECOMSEASI,1042.77 FEET TOA POW CE MO EAST LAE OF SECTION10 4 EMIx03:THE eEARMOS ARE M.ED NONE WE51uxECF11E wETI(140pNmOl Ci 5EC11CM A MIMx05 lfi'- t ALSO w�1]6�REFRW TNTPARCFL OF LW AS CONVENED 00 THE Min.OCNCUORADOMOM LO2un • souMmDFNOCE SOU.74 CAr�'EsmlwulFsxS 52 PAIMUTES.13%COOS MT WM FEET sLmvoBE.s. rrtl 73wTHumBYA3s uuwuLlcAvsruIPEOLB33175axmE 1FD B`R5.5'ALwuDYtv2•WIEDLsaw ON THE fiA �a' ® RDSFcnoxcowlEN.swlEn oIECERDE0 x40,25103 AS RECEPTION N0.02040. 50250x01 swl23u,E5w sEc0Nm vEsr 5mrFEErlorNE,RLE Pnxr OEer.CarlwO "°'Ox,'u3DE 5a vEAr OF,NF5MPRFeuu ME2 SAW LBEBuasxORtx1'm51•WEST IFOR44044 14G1HEREFROMPARCELSOFWO COMVIE0 TO WLOPIDOCENT.ALIMPOAOWNPNttBY0EHISRECa2FD1.0. 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GRAPHICAL SCALE a ea w 44230..79 Surveying N44mpany 303079.4123 LAND SURVEY PLAT w 10.4.00 — " • �� "' 1'=501 ..0&&ETNA.CM-4,0 0,002401LOTS 26.27828BLOCK RAI4000, MO AA MAUNA 15 ° 0Ex4MNRNN7ARBa<x0 wrt5 °L 0 m IwD P0 AA s.o0.7uY�w...D.r5.YMN........ SECTION 29,T5N,R62W 01202 a _.._ MA,17 CEO ABS�4743F 010.4500 SECTION 34.T5N,'LBW 15 OF 20 v i CENTRAL WELD LAND SURVEY PLAT f ,rte,,,.;a..1,, iik,-06miliailAiriii6iittA UII PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND I OF THE 6TH TOWNSHIP 6 NORTH,RANGE 64 WEST, PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO x P SE CON SEC V. '��, SE CCR SEC V. N,N a5 \ TnNA CCM C•-� 4.,E614.1196,W6114\ TYI ROTA'.Y'at'� JNNiW NON wY31?NUYri➢ DJ1VAMPEDIS DM \\ sr N. 7T\NB9°1374'E\\2192.&'�����\\\`��\\NBS°12'22E\\251228'\���\� 588°S270w 280051' rwFro S88°5224w 26118.49' \ 4 N.N. z.''''', NEW..ENE N. c, rsnD�r g.g `� LOT 29 2,y 181.37AC2 �w i "•••..'' i 1R gym 14 �g 1 LINE IAEs \ \ rEr M.N. 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TIM SURVEY BE COMMENCED MORE DIM rExrPnuPRDYmEonreaFr,aFNRnErwnoxs,veN,.Reax. lipID ARE USED Ox TIE WEST LAE a DIE N71DME9T COWEN.SWOON.,TOMSK O e umCmEse YMDgEw,.uEa,; A CTA2.s-uDIANUYCA.STM•ED IsarrsaT. ® NmsECTIDNmRNERASNDTED WM Of BEEPING.TM 11.J.SOWNDECREES YWADESeaT DO FEE,: NORM AND BYAAP MU NN. STAMPED snu OP. - m.DRAMS NwArtES EAST TVFEET M� N,wrRRPMYFq LYE EAM. ,e,. '.0. p EWNp R]OCAnT9 Ile.MUM nmms.R NYN]IFR EAST WS NET, a 9UR.EYAREU4 DAME... '✓•,WOOS G SCOTN 500..920MIMSEASTIm FEET. S. REuxrrsraRRl 'fs3 i.., : EDIRa,wmTNOR CAP TNF1tEEWMamfxE5A0YY,t5 WIND.. 5 SETaRFYRwrtx RFD PUNTECAP nENDESWMt A6TPoPtl,t]OEES 60 S EAST 441 M.,mMmm*,s rFEiO,FMI SCE 0EASOEDE°O,H.CBnERNE.O A FONT DOE FEET OAST Of 11E SONDEPTSEcamEROF 9w D. M= ALSO EA®,1a Mal DE, ncON.Eren.nETxw]uluC.ACaCRAm LOADED l uauTNI CONNIVE DEED RECORDED mDA.Ea mm.SAslECEsna NO.07]07 RATEwEmmsEasawomwrAxra CONNIVE .Ammo(99 REIA p tEAR• rvrrrr• 6..X7(70(£ ASINAvcED WARM amosTAM. YYYY.YP Kn...below. SURVEY*SYSTEMS CENTRAL WELD COUNTY x PROPERTY 100 MAN)NFO8IMTIDN ISSUE DATE 212911 Cum vn Call before you EON OPAP,IIC#SCALE APIWesslMlM w.9MADCDmwm LAND SURVEY PLAT WO TOMONEN es DATE REvnaxcee.eErs .on 4os n smR •Empan,,Ccewn xJmsla.;al)13.90.5123 LOTS 29530 xo ms, 9NEEi No urm,axxwD,aaam N,u,Ee. DE VOA .2323 esw wlsE SECTION 35,T5N,663W ,e,aw. MN SW 94 SW 1N,SECTION 36,T5N•663W mlw COMMMUD ca0RN1D 16 MATE fit OF 20 Y I CENTRAL WELD LAND SURVEY PLAT I iiroii,,,L.Aairwaailiuf,D6,..„ I PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND I OF THE 6TH TOWNSHIP 6 NORTH,RANGE 64 WEST, PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO S e i e S xwcwaEcn, N IN OM SEC m. �M S�I?wi1UY MO ymNN� M.R..CPR \ SM.....„..„,.....,Z sr.»EoumFs� 2808.4g N88°3g4� 2551.06 . \\ N69°3245E\\.2518.13' S\\\� \ \N69°1250°E\\\571033,\ \\\\\\\\\\\ STAMPED una a 4 \ caR SEC v. g io'Riauur7. 0 �s»RE v �a 613.22 ACA g LOT 31 F 635 9 ACA g \ w w N o •.''' a f c=R SEC m. 1 1111.../..1 \ \ SwCwsFCm. COR SEC srwREDuwf SB9°34'42'W CON SEC v. \ �sR�w.er N893V39E \ nn PAR.emw 7�.ar eMO r ALUM CAP r E R mE \ :M M nfi.o5 \ e \ \S09°34'16'W\\\1�2.BS\\ \\ \\N69°33'04'E\\\2627.05\\\\\\\ sr \ S89°J4'641N 4714.OT \\\N88°10'3PE� RmxsE r�MTgmµw�OrN MA IRr fARSEc iWSR .eM PE CDRSECS. 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SIFETNO w�'iwEAMAao7:—.-,w.Eu D° v SW !oar 0 A3..N,D.IMY...°awB.0 NowelreA LOTS 38437 PARCEL$NN6 43.sxN4 Na \� SECTION 5,7431,662W 'aMaaw. 19 NW I/4,SECTION 3,74N,R82W ,W Mann. xan STATE Caw.eO 19 OF 30 • I _ CENTRAL WELD LAND SURVEY PLAT igLlllLjpiyAN1{�Fy1pYdWtN[RCW191 PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63&64 WEST AND TOWNSHIP 6 NORTH,RANGE 64 WEST, 1 OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO r 9 E gY E P4Yy 2 STOL E i awPT T OT SEC 3. w.Ers«`w, ` FM3v?NUM CM V® .2117 EVE IS u.COR SEcr. 3 SEss sErsr24'. .\ l AASEDIsizlz srN.PEDLs,Nz1169°0272 E�Site,2366.42', \ \ N66°3052E' 2179.66'\ laNSPIOW.PIN PT 066°3441'W, 2566.99', \' wTRsEcPTioE° rI.ReAv.emw A, •mRsEc,. .COT MC IV ..,,,,,,:•.,•. MN IISTWATIONI L�Io.zNww swa,Wuuxcw srMrEournz WT.PUN srA,s5Dls,x.x STARIPED LS.3 SIMKO LS.62 SCULPTED LOT 39 52.428C± Cd %y, MDLOT38 �.,•!•• q.3. 7 164.31 ACS RAgR 131 C22 L32 4 /�.� \'ff''' S4 2V yr 6gt r4y °o' 4y \ 8 I L5 L32 32 E IP COP SEC 10. .6111 PIA SµMwE�oWLstwNO D • xE T.E I LINE, DRECfgN LExGM WE, DPEM. LENGTH UP 0.621.11110.6 5, LS 320.1666 2Ri r to xbII MIII L52 sermon, O.Ur L31 WWI. MTV CURNEE DELTA RMU6 IENGM MOM TEM. GOND LEN., CM ...le 11.03. 1.56 NUTSGSVI rant I I Ca wale SSW. MITMITM,,E,rw TM 13. SE COT SEC 10. rM MUG.) T ULUA.E0 PROPERTY DESCRIPTION v"� Irsl%': . SEC TON IP Aln NOTES '/C/,r 32"025 a MGCNI OawnaMftO si Rtt 6.1.0.61.. LDRnp,hem r.YPROPERTY DEswPTGI WAS PROMPT•rsE CLIENT. f,."3 h$-t, TIE(MINA tgxn Of KID.sixTEvmLOOm r PER ME GLUTS REMEST NO PIONISOF.S.ON LASFAe1rs ... .ON.3 SM.. wLwmwsEcgw�w naEnucowoEo wreaaEinsAsRErmIE«xD nsl s AS Ars. e'^fsraF ] AMC..rocarnmu EEs LAW YOUNT.C vMrLED..MPONSIMOLwxxwsmCTINI SURAT ....... 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REsr ArowM wOuxE eEW4gR11,EvpTy WrIFONIOr.'dl. • DLmAEw0DNRE u.smM WCEPnwxD.m,zs] Ts ALSO GO..DERMOT TNT POSTON Of SECT.IO CONEVEJ]03 DEED WORM MEMBER 4.333 M 20363105e. TIE GIMP.TM SURW:r MF UA 5WREY qIT MTTHMECgOBEMbO.vnOROwrMCE 053.1215,3 II, MGT.TUWWOF S.W. NO 253.19 VITV... « — N%XYY.Y'rE M,EA.NnEDBEARrp�WSrMCE SURVEY(OSYSTEMS CENTRAL WELDCOU9m PAOPEn lourDxAMrEaRNAroN 96EDAE]RN, nYY.YY 76 Gi baton you ft G ICAL SCALE AProvewMw land swMrecDltx 03 LAND SURVEY PLAT 'i°°� LATE REVISION r.sar :�.� ],W•EwIP,W.00 _ _ LOTS 36639 WOGL°I� e,x°Rw e WOacAaxOIFMHR u,wTu °f O Ind v�SsNaorr]v�,a.r2 Ss ,wwIMF 303470114 �OSRw4wvME.sr we SHEET No. SECTION IO,TAN,R63W 70 SECTION 7,T4N,ROM NAM L WOG. COUNT! RELD STATE. m00.6. 20 of 20 O r►?i;rya,I EXHIBIT A LEGAL DESCRIPTIONS INITIAL BOUNDARIES LEGAL DESCRIPTION COMMENCING AT A POINT, SAID POINT BEING THE EAST QUARTER SECTION OF SECTION 15TOWNSHIP 1 NORTH RANGE 66W OF THE 6TH PM,AS MONUMENTED BY A 2 1/2"ALUMINUM CAP ANDSTAMPED LS 19585, THENCE S89°34"00"W,A DISTANCE OF 30 FEET TO THE POINT OF TRUE BEGINNING THENCE S0°01'34"W,A DISTANCE OF 637.70 FEET,ALONG THE EAST LINE OF SAID SECTION 15 TO A POINT DEPARTING SAID EAST LINE AT THE SOUTH PROPERTY LINE, THENCE N90°00'00"W,A DISTANCE OF 3,890.24 FEET ALONG THE SOUTH PROPERTY LINE TO THE CENTER LINE OFTHE BRIGHTON LATERAL DITCH, DEPARTING SAID SOUTH LINE AND FOLLOWIGN THE CENTER OF THE BRIGHTON LATERAL DITCH ALONG THE FOLLOWING 9 COURSES: THENCE N09°31'55"E,A DISTANCE OF 68.79 FEET; THENCE N19°46'15"E,A DISTANCE OF 52.31 FEET; THENCE N31°05'S0"E,A DISTANCE OF 131.85 FEET;THENCE X124"30'40"E,A DISTANCE OF 57.97 FEE.-_ THENCE N18°19'58"E,A DISTANCE OF 63.63 FEET;THENCE N15°28'41"E,A DISTANCE OF 119.40 FEET;THENCE N16°59'14"E,A DISTANCE OF 65.96 FEET;THENCE N17°14'57"F A DISTANCE OF 91 71 FEET;THENCE N42°49'49"W,A DISTANCE OF 1.35 T'l.C_I; TO A POINT ON THE QUARTER SECTION LINE OF SAID SECTION 15,Ti AT POINT ALSO THE NORTHWEST CORNER OF THE PARCEL DEPARTING THE CENTER OF THE BRIGHTON LATERAL DITCH AND FOLLOWING QUARTER SECTION LINE OF SAID SECTION 15 THENCE ALONG THE NORTH BOUNDARY OF SAID PARCEL. N89"33'40"E,A DISTANCE OF 1,049.11 FEET; THENCE N89°34'00"E,A DISTANCE OF 2,622.87 FEET TO THE POINT OF BEGINNING CONTAINING 2,353,703 SQUARE FEET OR 54.03 ACRES,MORE OR LESS. INCLUSION BOUNDARIES LEGAL DESCRIPTION A parcel of land situated in the East 1/2 of Section 34, Township 2 North, Range 66 West of the 6th P.M., being more particularly described as follows: Basis of bearing: The West line of the Northeast 1/1 of said Sectidn being monumented at the North l/.i by a No. 6 Rebar with a 3 1/.i" aluminum cap stamped "JR ENG - PLS 13258" and at the center 1/.i by a No. 5 rebar with a 2" aluminum cap stamped "Alpha ENGRG-LS 25937" said line assumed to bear Nolh 00°15'06" East. Commencing at the center of said Section 34; thence South 89°50'41" East along the North line of the Southeast 1/4, a distance of 1329.95 feet to the East center 1116th corner; thence South 00°13'43" West along the East line of the West 1 2 of the Southeast 14, a distance of2642.14 feet to a point 30.00 feet North of the South line of the Southeast 1/4; thence North 89°32'14" West along a line 30.00 feet North of and parallel with the South line of the Southeast %, a distance of 1331.02 feet to a point on the West line of the West 1/2 of the East V2 of Section 34; thence North 00°15'06" East along the West line of the West lh of the East 1/2 of said section a distance of 2635.00 feet to the point of beginning, County of Weld, State of Colorado. Known as vacant land, Ft Lupton, CO and identified as assessor's Parcel No. R0918101 **** Lot D, recorded exemption no. 1057-30-3 RECX14-0051, recorded October 15, 2014 as reception No. 4054276, being a part of the southwest '/4 section 30, township 4 north, ranch 66 west of the 6th P.M., County of Weld, State of Colorado. **** PARCEL ONE OF THAT WELD COUNTY PROPERTY COMMENCING AT THE SOUTHWEST CORNER OF SECTION 26; , TOWNSHIP 4 NORTH, RANGE 67 WEST; THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 1,239.81 FEET TO THE POINT OF BEGINNING OF PARCEL ONE: THENCE N0°04'4TE ALONG SAID WEST LINE. A DISTANCE OF 1.400.95 FEET TO THE WEST QUARTER OF SAID SECTION 26 AS MONUMENTED BY A 2 Yi" ALUMINUM CAP ••PLA 28656"; THENCE N0°02"39"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 2,605.02 FEET TO A POINT LYING 36.04 FEET SOUTHERLY ALONG SAID LINE FROM THE NORTHWEST CORNER OF SAID SECTION 26, AS MONUMENTED BY A 3" ALUMINUM CAP ••PLS 25619"; THENCE EASTERLY ALONG AN EXISTING FENCE LINE. THE FOLLOWING 6 COURSES: I. THENCE S80°46' 14"E, A DISTANCE OF 33.08 FEET: 2. THENCE $67°58'39"E, A DISTANCE OF 1,036.08 FEET; 3. THENCE S87°1 1 '27"E, A DISTANCE OF 676.32 FEET; 4. THENCE S55°02'3 1 "E, A DISTANCE OF 168.79 FEET; 5. THENCE S65°42'32"E, A DISTANCE OF 245.15 FEET; 6. THENCE S72°07'53"E, A DISTANCE OF 893.32 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO. 2170560, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY THE FOLLOWING 6 COURSES: 1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S48°32'02"W. A DISTANCE OF 336.00 FEET. SAID CURVE HAYING A CENTRAL ANGLE OF 3°23'38", A RADIUS OF 5673.31 FEET AND AN ARC LENGTH OF 336.05 FEET TO A POINT OF TANGENCY: 2. THENCE S50°13'51..W ALONG SAID TANGENT,Jl DISTANCE OF 1.229.86 FEET TO A POINT OF CURVE; 3. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S42°32'21"W, A DISTANCE OF 538.01 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 15°23'00", A RADIUS OF 2009.86 FEET AND AN ARC LENGTH OF 539.63 FEET TO A POINT OF TANGENCY; 4. THENCE 534°50'5I"W ALONG SAID TANGENT, A DISTANCE OF 666.20 FEET TO A POINT OF CURVE; 5. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S37°35'15"W, A DISTANCE OF 544.24 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 5°32'30", A RADIUS OF 5629.28 FEET AND AN ARC LENGTH OF 544.46 FEET TO A POINT OF TANGENCY; 6. THENCE S40°10'14"W ALONG SAID TANGENT, A DISTANCE OF 947.41 FEET TO THE POINT OF BEGINNING OF PARCEL ONE. PARCEL TWO OF THAT WELD COUNTY PROPERTY BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST; THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 929.26 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO. 2170560, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO: THENCE ALONG SAID SOUTI-IEASTERLY RIGHT OF WAY LINE THE FOLLOWING 7 COURSES: 1. THENCE N40°1 O' 14'.E, A DISTANCE OF 1,185.00 FEET TO A POINT OF CURVE; 2. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N37°35.06'•E. A DISTA CE OF 562.82 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 5°32'0r.A RADIUS OF 5829.20 FEET AND AN ARC LENGTH OF 563.04 FEET TO A POINT OF TANGENCY; 3. THENCE N34°50'51"E ALONG SAID TANGENT, A DISTANCE OF 666.20 FEET TO A POINT OF CURVE; 4. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS N42°32'2 1"E, A DISTANCE OF 484.47 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 15°23'00", A RADIUS OF 1809.86 FEET AND AN ARC LENGTH OF 485.93 FEET TO A POINT OF TANGENCY; 5. THENCE N50°13'51"E ALONG SAID TANGENT, A DISTANCE OF 1,229.86 FEET TO A POINT OF CURVE; 6. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N43°22'51"E, A DISTANCE OF 1401.03 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 13°42'00", A RADIUS OF 5873.31 FEET AND AN ARC LENGTH OF 1404.38 FEET TO A POINT OF TANGENCY; 7. THENCE N36°3 1.51"E ALONG SAID TANGENT. A DISTANCE OF 2,519.41 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S00°49' I 5"E ALONG SAID EAST LINE, A DISTANCE OF 1 ,869.42 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26, AS MONUMENTED BY A 3 1/4" ALUMINUM CAP "PLS 16154", THENCE S00°30'21"W ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2,535.55 FEET TO THE EAST QUARTER CORNER OF SECTION 26, AS MONUMENTED BY A 2" ALUMINUM CAP "PLS 12374", THENCE S00°15'58"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 711.99 FEET TO A POINT LYING ON THE NORTHERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN BOOK I 18 AT PAGE 498, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO; THENCE ALONG SAID NORTHERLY.WESTERLY AND SOUTHWESTERLY LINES OF SAID WESTERN MUTUAL DITCH THE FOLLOWING 19 COURSES: I. THENCE N82°24'42"W, A DISTANCE OF 210.93 FEET TO A POINT OF CURVE; 2. THENCE ALONG THE ARC OF A TANGENT CURVE TO Ti IE LEFT WHOSE CHORD BEARS S53°2 I 'OTW, A DISTANCE OF 634.85 FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 88°28'3 I", A RADIUS Or 455.00 FEET AND AN ARC LENGTH OF 702.60 FEET TO A POINT OF TANGENCY; 3. THENCE S09°06'4T'W ALONG SAID TANGENT, A DISTANCE OF 862.16 FEET TO A POINT OF CURVE; 4. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S15°37'56"E, A DISTANCE OF 257.01 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 49°29'26", A RADIUS OF 307.00 FEET AND AN ARC LENGTH OF 265.18 FEET TO A POINT OF TANGENCY; 5. THENCE S40°22'39"E ALONG SAID TANGENT A DISTANCE OF 39.74 FEET TO A POINT OF CURVE; 6. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S14°38'38"E, A DISTANCE OF 225.78 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 51°28'03", A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 233.55 FEET TO A POINT OF TANGENCY; 7. THENCE SI 10 05'23"'W ALONG SAID TANGENT, A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; 8. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S19°20'04"W. A DISTANCE OF 160.60 FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 16°29'20"'. A RADIUS OF 560.00 FEET AND AN ARC LENGTH OF 161.16 FEET TO A POINT OF REVERSE CURVE; 9. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S2°30'08"E, A DISTANCE OF 501.23 FFFT, SAID CURVE HAYING A CENTRAL ANGLE OF 60°09'44", A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF 525.01 FEET TO A POINT OF TANGENCY; 10. THENCE S32°35'00"E ALONG SAID TANGENT, A DISTANCE OF 300.25 FEET TO A POINT OF CURVE; 11. THENCE ALONG THE ARC OF A TANGENT CUR.VE TO THE LEFT WHOSE CHORD BEARS S45°05'25"E, A DISTANCE OF 346.49 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 25°00'48", A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 349.25 FEET TO A POINT OF TANGENCY; 12. THENCE S57°35'48"E ALONG SAID TANGENT, A DISTANCE OF 371.71 FEET TO A POINT OF CURVE; 13. THENCE ALONG THE ARC OFA TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S31°23'1 T'E, A DISTANCE OF 273.82 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 52°25'04", A RADIUS OF 310.00 FEET AND AN ARC LENGTH OF 283.61 FEET TO A POINT OFTANGENCY; 14. THENCE S05°10'44"E ALONG SAID TANGENT, A DISTANCE OF 64.90 FEET TO A POINT THAT LIES ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; 15. THENCE S00°33'43"E ALONG SAID EAST LINE 102.29 FEET TO A POINT OF CURVE; 16. THENCE DEPARTING FROM SAID EAST LINE AND ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S23°52'35"W, A DISTANCE OF 131.06 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 29°11 '45", A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 132.49 FEET TO A POINT OF TANGENCY; 17. THENCE S38°28'27"W ALONG SAID TANGENT,A DISTANCE OF 300.18 FEET TO A POINT OF CURVE; 18. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S24°53'48"W, A DISTANCE OF 206.59 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 27°09'20.., A RADIUS OF 440.00 FEET AND AN ARC LENGTH OF 208.54 FEET TO A POINT OF TANGENCY: 19. THENCE SI 10 19'0T' W ALONG SAID TANGENT A DISTANCE OF 21.13 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 35: THENCE S89°3 1 '02"E ALONG SAID NORTH LINE, 336.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35. AS MONUMENTED BY A 3 W' ALUMINUM CAP "LS 7242"; THENCE S00°33'39"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 35, A DISTANCE OF 1354.93 FEET TO A POINT LYING 128936 FEET NORTHERLY ALONG SAID EAST LINE FROM THE NORTHEAST CORNER OF SAID SECTION 2. AS MONUMENTED BY A 3 W'ALUMINUM CAP"' LS 7242"; THENCE DEPARTING SAID LINE, ALONG THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 4119522 RECORDED AT THE WELD COUNTY OFFICE OF THE CLERK AND RECORDER, THE FOLLOWING 4 COURSES: 1. THENCE S89°13'07"W. A DISTANCE OF 2152.95 FEET; 2. THENCE N85°18'43'•w. A DISTANCE OF 590.70 FEET; 3. THENCE S82°1TOo'•w, A DISTANCE OF 558.27 FEET; 4. THENCE S89°1 1 '44'•w. A DISTANCE OF 616.08 FEET DEPARTING SAID LINE TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE N00°50'02"W ALONG SAID EAST LINE, A DISTANCE OF 140.40 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SAID SECTION 35, AS MONUMENTED BY A 1 Yi"PLASTIC CAP "'PLS 38026"; THENCE N89°21.55••w ALONG THE NORTH LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35. A DISTANCE OF 1.304.48 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35,AS MONUMENTED BY A I Yi" ALUMINUM CAP ••LS 17658"; THENCE N00°54' 1 O"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35 A DISTANCE OF 614.44 FEET TO A POINT ON THE NORTHEASTERLY LINE OF TI-IAT PARCEL DESCRIBED AT RECEPTION NO. 2444383, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO. AS MONUMENTED BY A I Yi"PLASTIC CAP "PLS 38026": THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 11 COURSES: I. THENCE N86°51 '43"W, A DISTANCE OF 105.15 FEET; 2. THENCE S76°54' 1 7"W, A DISTANCE OF 44.75 FEET; 3. THENCE N70°02'40"W, A DISTANCE OF 109.47 FEET; 4. THENCE N67°16'18"W, A DISTANCE OF 303.13 FEET; 5. THENCE N48°02'22"W, A DISTANCE OF 125.58 FEET; 6. THENCE N00°5 1 '32"W, A DISTANCE OF 46.60 FEET; 7. THENCE N65°20'52"W, A DISTANCE OF 251.73 FEET; 8. THENCE N61°28.32"W, A DISTANCE OF 87.00 FEET; 9. THENCE N69°19' I 2"W, A DISTANCE OF 197.35 FEET: 10. THENCE N46°0T 13"W, A DISTANCE OF 224.78 FEET; 11. THENCE N25°07'24..W. A DISTANCE OF 69.65 FEET TO Ti IE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, AS MONUMENTED BY A Yi"PLASTIC CAP ••LS 17658", THENCE N00°56'51"W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 A DISTANCE OF 1,310.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE S89°01 '58"E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 1,296.44 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, AS MONUMENTED BY A 1 Yi" PLASTIC CAP ••LS 17658", THENCE N0°56'04"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35. A DISTANCE OF 1,308.95 FEET TO THE POINT OF BEGINNING; THE BASIS OF BEARINGS FOR THESE LEGAL DESCRIPTIONS IS BETWEEN THE FOUND MONUMENTS ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26. THE BEARING OF SAID LINE IS N0°04'4rW. EXCEPTING THEREFROM. A PARCEL OF LAND SITUATED IN THE SOUTH EAST QUARTER OF SAID SECTION 26. TOWNSHIP 4 NORTH. RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING THE FORT ST. VRAIN MONUMENT SITE AS DESCRIBED IN BOOK 1341 AT PAGE 177. SAID RECORDS OF WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A RECTANGULAR PARCEL OF LAND 106 FEET WIDE AND 127 FEET LONG, MARKED AT THE CORNERS WITH CONCRETE BLOCKS, BEING THE SITE OF OLD ••FORT ST. VRAIN", AS SHOWN ON THE PLAT OF THE TOWN OF FORT ST. VRAIN (NOW VACATED), AND BEING ON A PARCEL OF LAND SHOWN ON SAID PLAT BORDERED ON THE NORTH BY ROUBIDOUX AVENUE, ON THE EAST BY CERAN PLACE, ON THE SOUTH BY SARPEY AVENUE AND ON THE WEST BY KIOWA STREET, AND, AT THE APPROXIMATE CENTER OF WHICH IS SITUATE "FORT ST. VRAIN MONUMENT", ERECTED IN THE YEAR 1911 BY CENTENNIAL STATE CHAPTER, DAUGHTERS OF THE AMERICAN REVOLUTION, AND BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., THE PLAT OF FORT ST. VRAIN BEING ON FILE IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF WELD COUNTY, COLORADO; AND ALSO EXCEPTING THAT PORTION CONVEYED TO PUBLIC SERVICE COMPANY IN DEED RECORDED OCTOBER 21, 1925 IN BOOK 772 AT PAGE 204, SAID RECORDS OF WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. AT ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILROAD, AS NOW CONSTRUCTED AND OPERATED, SAID POINT BEING NORTH 89°23' WEST 1878 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 26; RUNNING THENCE NORTH 3°01' WEST 722.6 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE PLACE OF BEGINNING, RUNNING THENCE NORTH 3°01' WEST 47.5 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 86°59' EAST 50 FEET; THENCE SOUTH 3°01' EAST 47.5 FEET; THENCE SOUTH 86°59' WEST 50 FEET TO THE PLACE OF BEGINNING, ALSO COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., AT ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILROAD, AS NOW CONSTRUCTED AND OPERATED, SAID POINT BEING NORTH 89°23' WEST 1878 FEET FROM THE SOUTI IEAST CORNER OF SAID SECTION 26; THENCE NORTH 3°01' WEST 991.4 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 86°59' EAST 187.6 FEET TO THE PLACp OF BEGINNING, RUNNING THENCE SOUTH 74°34' EAST 75 FEET; THENCE SOUTH 15°26' WEST 100 FEET; THENCE NORTH 74°34' WEST 75 FEET; THENCE NORTH 15°26' EAST 100 FEET TO THE PLACE OF BEGINNING. THE NORTH SIDE OF THE ABOVE DESCRIBED TRACT OF LAND IS ADJACENT TO THE SOUTH SIDE OF THE RUINS OF FT. SAINT VRAIN AS SAID RUINS ARE NOW MARKED WITH CORNER MONUMENTS. **** Lots 1 —39, all inclusive, Central Weld Land Survey Plat, recorded in the Weld County Clerk and Recorder's Office at Reception No. 4093867, County of Weld, State of Colorado. **** LOCATED IN THE SOUTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO A PORTION OF LOT 1, AMENDED RECORDED EXEMPTION NO. 1473-29-4- AMRE-412 RECORDED JANUARY 14, 2003 AT RECEPTION NO. 3023607 IN THE RECORDS OF WELD COUNTY AND A PORTION OF PARCEL A, RECORDED EXEMPTION 1473-29-4 RE 411 RECORDED SEPTEMBER 11, 1979 AT RECEPTION NO. 1802825 IN THE RECORDS OF WELD COUNTY, LOCATED IN THE SOUTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 00"22'57" EAST, A DISTANCE OF 2650.67 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 29, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE SOUTH 67"13'11" WEST, A DISTANCE OF 1707.28 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE SOUTH 22"40'38" WEST, A DISTANCE OF 64.30 FEET; THENCE SOUTH 13"28'24" WEST, A DISTANCE OF 988.72 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 160.00', AN ARC LENGTH OF 53.97 FEET, AN INCLUDED ANGLE OF 19"19'37", BEING SUBTENDED BY A CHORD BEARING SOUTH 03"48'35" WEST, A DISTANCE OF 53. 72 FEET; THENCE SOUTH 05"51'13" EAST, A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 70.47 FEET, AN INCLUDED ANGLE OF 40"22'37", BEING SUBTENDED BY A CHORD BEARING SOUTH 26"02'31" EAST, A DISTANCE OF 69.02 FEET; THENCE SOUTH 46"13'50" EAST, A DISTANCE OF 554.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 43.88 FEET, AN INCLUDED ANGLE OF 45"42'57", BEING SUBTENDED BY A CHORD BEARING SOUTH 23"22'21" EAST, A DISTANCE OF 42. 73 FEET; THENCE SOUTH 00"30'53" EAST, A DISTANCE OF 321.12 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD NO. 4; THENCE ALONG SAID NORTH LINE SOUTH 89"29'07" WEST, A DISTANCE OF 1272.32 FEET; THENCE SOUTH 00"01'18" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL A; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL A THE FOLLOWING THREE COURSES; SOUTH 89"41'25" WEST, A DISTANCE OF 492.05 FEET; THENCE NORTH 29"53'38" WEST, A DISTANCE OF 352.11 FEET; THENCE SOUTH 89"41'36" WEST A DISTANCE OF 1530.19 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE ALONG SAID EAST RIGHT-OF-WAY THE FOLLOWING TEN COURSES;NORTH 18"26'33" EAST, A DISTANCE OF 412.52 FEET; THENCE NORTH 27"55'03" EAST, A DISTANCE OF 234.01 FEET; THENCE SOUTH 89"29'13" WEST, A DISTANCE OF 73.99 FEET; THENCE NORTH 3 5 °3 1 1 0 6" EAST, A DISTANCE OF 276.38 FEET; THENCE NORTH 85"11'3 5" EAST, A DISTANCE OF 417.02 FEET; THENCE SOUTH 87"28'36" EAST, A DISTANCE OF 70.55 FEET; THENCE NORTH 88"44'58" EAST, A DISTANCE OF 31.51 FEET; THENCE NORTH 01"11'36" WEST, A DISTANCE OF 191.89 FEET; THENCE NORTH 45"50'57" WEST,A DISTANCE OF 290.94 FEET; THENCE NORTH 35"31'06" EAST, A DISTANCE OF 502.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE DEPARTING SAID EAST RIGHT- OF-WAY AND ALONG THE NORTH LINE OF SAID LOT 1 NORTH 88"31'01" EAST, A DISTANCE OF 2346.11 FEET TO THE POINT OF BEGINNING. CONTAINING 5,047,323 SQ FT OR 115.87 ACRES MORE OR LESS. And A PORTION OF LOT 1, AMENDED RECORDED EXEMPTION NO. 1473-29-4-AMRE- 412 RECORDED JANUARY 14, 2003 AT RECEPTION NO. 3023607 IN THE RECORDS OF WELD COUNTY AND A PORTION OF PARCEL A, RECORDED EXEMPTION 1473-29-4 RE 411 RECORDED SEPTEMBER 11, 1979 AT RECEPTION NO. 1802825 IN THE RECORDS OF WELD COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 00°22'57" EAST, A DISTANCE OF 2650.67 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 29, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29, THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29 SOUTH 00°22'57" EAST, A DISTANCE OF 620.21 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00°22'57" EAST, A DISTANCE OF 2000.46 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD NO. 4; THENCE ALONG SAID NORTH LINE, SOUTH 89"29'07" WEST, A DISTANCE OF 1390.33 FEET; THENCE DEPARTING SAID NORTH LINE NORTH 00°30'53" WEST, A DISTANCE OF 321.12 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 55.00 FEET, AN ARC LENGTH 43.88 FEET,AN INCLUDED ANGLE OF 45°42'57", BEING SUBTENDED BY A CHORD BEARING NORTH 23°22'21" WEST, A DISTANCE OF 42.73 FEET; THENCE NORTH 46°13'50" WEST, A DISTANCE OF 554.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET,AN ARC LENGTH OF 70.47 FEET, AN INCLUDED ANGLE OF 40°22'37", BEING SUBTENDED BY A CHORD BEARING NORTH 26"02'31" WEST, A DISTANCE OF 69.02 FEET; THENCE NORTH 05°51'13" WEST, A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 160.00 FEET, AN ARC LENGTH OF 53.97 FEET, AN INCLUDED ANGLE OF 19°19'37", BEING SUBTENDED BY A CHORD BEARING NORTH 03°48'35" EAST, A DISTANCE OF 53.72 FEET; THENCE NORTH 13°28'24" EAST, A DISTANCE OF 988.72 FF.ET; THENCE NORTH 22°40'38" EAST, A DISTANCE OF 64.30 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE, NORTH 88°31'01" EAST, A DISTANCE OF 1578.77 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29, SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 3,272,156 SQ FT OR 75.12 ACRES MORE OR LESS. And A PARCEL OF LAND, LOCATED IN SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 0 0 °51 1 14" EAST, A DISTANCE OF 2645.80 FEET BETWEEN THE NORTHEAST CORNER AND EAST QUARTER CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG A LINE THAT BEARS SOUTH 7 4°331 46 " WEST, A DISTANCE OF 2551.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF OF THE EAST BURLINGTON DITCH, PER THAT PLAT RECORDED AT EXEMPTION NO. 1473-32-4 RE-4578 IN THE RECORDS OF WELD COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 04°24'01" EAST, A DISTANCE OF 108.55 FEET; THENCE NORTH 53°58'00" WEST, A DISTANCE OF 420.30 FEET; THENCE NORTH 35°031 26" WEST, A DISTANCE OF 113.05 FEET; THENCE NORTH 51 °5 3 1 2 4" WEST, A DISTANCE OF 329.77 FEET; THENCE NORTH 55.52'35" WEST, A DISTANCE OF 765.41 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1684.57 FEET, AN ARC LENGTH OF 581.58 FEET, AN INCLUDED ANGLE OF 19°46'51", BEING SUBTENDED BY A CHORD BEARING NORTH 41°38'55" WEST, A DISTANCE OF 578.70 FEET TO A POINT OF NON-TANGENT REVERSE CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 187.85 FEET, AN ARC LENGTH OF 125.74 FEET, AN INCLUDED ANGLE OF 38°21'09", BEING SUBTENDED BY A CHORD BEARING NORTH 47°21'42" WEST, A DISTANCE OF 123.41 FEET; THENCE NORTH 59 °0 8 1 3 5 " WEST, A DISTANCE OF 457.27 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 876.59 FEET, AN ARC LENGTH OF 442.76 FEET, AN INCLUDED ANGLE OF 28°56'24", BEING SUBTENDED BY A CHORD BEARING NORTH 57°42'15"' WEST, A DISTANCE OF 438.07 FEET; THENCE NORTH 39°48'02" WEST, A DISTANCE OF 449.76 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 76; THENCE A DISTANCE OF 478.60 FEET; THENCE NORTH 89°37'00" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 81°051 15" EAST, A DISTANCE OF 606.70 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY,NORTH 0 0 °2 3 1 0 0 " WEST, A DISTANCE OF 42.00 FEET TO A POINT ON THE NORTH LINE OF SECTION 32; THENCE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 89°41'25" EAST, A DISTANCE OF 1337.08 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 49 °3 9 1 0 8 " WEST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 28 °5 2 1 5 7 " WEST, A DISTANCE OF 194.39 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET, AN ARC LENGTH OF 96.88 FEET, AN INCLUDED ANGLE OF 48°15'56", BEING SUBTENDED BY A CHORD BEARING SOUTH 04°44'59" WEST, A DISTANCE OF 94.04 FEET; THENCE SOUTH 19 °2 2 1 5 9 " EAST, A DISTANCE OF 105.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 93.87 FEET, AN INCLUDED ANGLE OF 26°53'33", BEING SUBTENDED BY A CHORD BEARING SOUTH 05°56'13" EAST, A DISTANCE OF 93.01 FEET; THENCE SOUTH 07°30'33" WEST, A DISTANCE OF 335.78 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 144.79 FEET, AN INCLUDED ANGLE OF 41"28'46", BEING SUBTENDED BY A CHORD BEARING SOUTH 13°13'50" EAST, A DISTANCE OF 141.65; THENCE SOUTH 33°58'13" EAST, A DISTANCE OF 654.18 FEET; THENCE SOUTH 29°28'35" EAST, A DISTANCE OF 292.14 FEET; THENCE SOUTH 20°00'50" EAST, A DISTANCE OF 602.39 FEET; THENCE SOUTH 37°59'36" EAST, A DISTANCE OF 202.64 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 387.38 FEET, AN INCLUDED ANGLE OF 44°23'27", BEING SUBTENDED BY A CHORD BEARING SOUTH 09°29'08" EAST, A DISTANCE OF 377.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 88.31 FEET, AN INCLUDED ANGLE OF 25°17'52", BEING SUBTENDED BY A CHORD BEARING SOUTH 00°03'39" WEST, A DISTANCE OF 87.59 FEET; THENCE SOUTH 12°35'17" EAST, A DISTANCE OF 66.23 FEET TO A POINT OF CURVATURE;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.00 FEET, AN ARC LENGTH OF 87.12 FEET, AN INCLUDED ANGLE OF 17°12'41", BEING SUBTENDED BY A CHORD BEARING SOUTH 03°58'56" EAST, A DISTANCE OF 86.79 FEET; THENCE SOUTH 04°37'24" WEST, A DISTANCE OF 87.15 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 190.00 FEET, AN ARC LENGTH OF 365.91 FEET, AN INCLUDED ANGLE OF 110°20'38", BEING SUBTENDED BY A CHORD BEARING SOUTH 59.47.43" WEST, A DISTANCE OF 311.93 FEET; THENCE NORTH 65°01'58" WEST, A DISTANCE OF 74.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5,155,375 SQ FT OR 118.35 ACRES MORE OR LESS. And LOT A AND A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-32-1- RE2278 RECORDED AUGUST 25, 1998 AT RECEPTION NO. 2635491 IN THE RECORDS OF WELD COUNTY AND PORTIONS OF THE NORTH HALF OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 00"51'14" EAST, A DISTANCE OF 2645.80 FEET BETWEEN THE NORTHEAST CORNER AND EAST QUARTER CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 SOUTH 00"51'14" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 4, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00"51'14" EAST, A DISTANCE OF 2605.80 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER SOUTH 89"29'04" WEST, A DISTANCE OF 2133.71 FEET TO A POINT OF CURVATURE; THENCE DEPARTING SAID SOUTH LINE ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 177.17 FEET, AN INCLUDED ANGLE OF 20"18'06", BEING SUBTENDED BY A CHORD BEARING NORTH 21"31' 48" WEST, A DISTANCE OF 176.24 FEET; THENCE NORTH 37"59'36" WEST, A DISTANCE OF 202.64 FEET; THENCE NORTH 20"00'50" WEST, A DISTANCE OF 602.39 FEET; THENCE NORTH 29"28'35" WEST, A DISTANCE OF 292.14 FEET; THENCE NORTH 33"58'13" WEST, A DISTANCE OF 654.18 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 144.79 FEET, AN INCLUDED ANGLE OF 41"28'47", BEING SUBTENDED BY A CHORD BEARING NORTH 13"13'50" WEST, A DISTANCE OF 141.65 FEET; THENCE NORTH 07"30'33" EAST, A DISTANCE OF 335.78 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 93.87 FEET, AN INCLUDED ANGLE OF 26"53'33", BEING SUBTENDED BY A CHORD BEARING NORTH 05"56'13" WEST, A DISTANCE OF 93.01 FEET; THENCE NORTH 19"22'59" WEST, A DISTANCE OF 105.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET, AN ARC LENGTH OF 96.88 FEET, AN INCLUDED ANGLE OF 48"15'56", BEING SUBTENDED BY A CHORD BEARING NORTH 04.44'59" EAST, A DISTANCE OF 94.04 FEET; THENCE NORTH 28"52'57" EAST, A DISTANCE OF 194.39 FEET; THENCE NORTH 49"39'08" EAST, A DISTANCE OF 40.35 FEET; THENCE NORTH 89"41'25" EAST, A DISTANCE OF 237.12 FEET; THENCE SOUTH 01"02'16" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD NO. 4 THENCE ALONG SAID SOUTH RIGHT-OF-WAY,NORTH 89°29'07" EAST, A DISTANCE OF 2662.72 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 7,057,275 SQ FT OR 162.01 ACRES MORE OR LESS. And A PARCEL OF LAND, LOCATED IN SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 0 0 °51 1 14" EAST, A DISTANCE OF 2645.80 FEET BETWEEN THE NORTHEAST CORNER AND EAST QUARTER CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG A LINE THAT BEARS SOUTH 7 4°331 46 " WEST, A DISTANCE OF 2551.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF OF THE EAST BURLINGTON DITCH, PER THAT PLAT RECORDED AT EXEMPTION NO. 1473-32-4 RE-4578 IN THE RECORDS OF WELD COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 65°01'58" WEST, A DISTANCE OF 124.19 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF THE EAST BURLINGTON DITCH TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 190.35 FEET, AN INCLUDED ANGLE OF 121°10'58", BEING SUBTENDED BY A CHORD BEARING SOUTH 5 4°2 2 1 3 3 " WEST, A DISTANCE OF 156.81 FEET; THENCE SOUTH 06°121 5 6" EAST, A DISTANCE OF 135.53 FEET; THENCE SOUTH 89°32'04" WEST, A DISTANCE OF 2599.73 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, NORTH 01°10'26" WEST, A DISTANCE OF 1659.69 FEET TO THE EAST RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 76; THENCE DISTANCE OF 95.10 FEET; THENCE NORTH 10°14'18" EAST, A DISTANCE OF 23.22 FEET; THENCE DEPARTING SAID EAST RIGHT-OF- WAY LINE, SOUTH 39°48'02" EAST, A DISTANCE OF 449.76 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 876.59 FEET, AN ARC LENGTH OF 442.76 FEET, AN INCLUDED ANGLE OF 28°56'24", BEING SUBTENDED BY A CHORD BEARING SOUTH 57°42'15"'EAST, A DISTANCE OF 438.07 FEET; THENCE SOUTH 59°08'35" EAST, A DISTANCE OF 457.27 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 187.85 FEET, AN ARC LENGTH OF 125.74 FEET, AN INCLUDED ANGLE OF 38°21'09", BEING SUBTENDED BY A CHORD BEARING SOUTH 47°21'42"' EAST, A DISTANCE OF 123.41 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A NON- TANGENT REVERSE CURVE HAVING A RADIUS OF 1684.57 FEET, AN ARC LENGTH OF 581.58 FEET, AN INCLUDED ANGLE OF 19°46'51", BEING SUBTENDED BY A CHORD BEARING SOUTH 41°38'55" EAST, A DISTANCE OF 578.70 FEET; THENCE SOUTH 55°52'35" EAST, A DISTANCE OF 765.41 FEET; THENCE SOUTH 51°531 2 4" EAST, A DISTANCE OF 329.77 FEET; THENCE SOUTH 35°03'26" EAST, A DISTANCE OF 113.05 FEET; THENCE SOUTH 53°58'00" EAST, A DISTANCE OF 420.30 FEET; THENCE SOUTH 04°24'01" WEST, A DISTANCE OF 108.55 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BULL CANAL, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4,012,267 SQ FT OR 92.11 ACRES MORE OR LESS. And A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF SECTION 32, TOWNSHI P 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 00°51'04" EAST, A DISTANCE OF 2645.70 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 SOUTH 89°29'04" WEST, A DISTANCE OF 1478.92 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 203.95 FEET, AN ARC LENGTH OF 118.43 FEET, AN INCLUDED ANGLE OF 33°1611O", BEING SUBTENDED BY A CHORD BEARING SOUTH 0 5 °45 1 5 8 11 WEST, A DISTANCE OF 116.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 260.00 FEET, AN ARC LENGTH OF 113.27 FEET, AN INCLUDED ANGLE OF 2 4"5 71 4111 , BEING SUBTENDED BY A CHORD BEARING SOUTH 09°55'12" WEST, A DISTANCE OF 112.38 FEET; THENCE SOUTH 02.33'39" EAST, A DISTANCE OF 639.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET, AN ARC LENGTH OF 159.35 FEET, AN INCLUDED ANGLE OF 41°3 0'0 5 11 , BEING SUBTENDED BY A CHORD BEARING SOUTH 23°18'41" EAST, A DISTANCE OF 155.89 FEET; THENCE SOUTH 44°03'44" EAST, A DISTANCE OF 224.39 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET, AN ARC LENGTH OF 411.49 FEET, AN INCLUDED ANGLE OF 73°40'38", BEING SUBTENDED BY A CHORD BEARING NORTH 07°13'25" WEST, A DISTANCE OF 383.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE HAVING A RADIUS OF 300.00 FEET, AN ARC LENGTH OF 156.22 FEET, AN INCLUDED ANGLE OF 29°501 11 11 , BEING SUBTENDED BY A CHORD BEARING SOUTH 14°41'48" WEST, A DISTANCE OF 154.46 FEET; THENCE SOUTH 00°13'17" EAST, A DISTANCE OF 611.75 FEET; THENCE SOUTH 05°29'01" WEST, A DISTANCE OF 304.64 FEET TO A POINT ON THE NORTH LINE OF THE 60 FOOT RIGHT-OF-WAY FOR 168TH AVENUE; THENCE ALONG SAID NORTH LINE OF 168TH AVENUE, SOUTH 89°25'43" WEST, A DISTANCE OF 762.41 FEET TO A POINT ON THE EAST LINE OF THE MOUNTAIN STATES LINE CONSTRUCTORS LOT A OF EXEMPTION NO. 1473-32-4 RE-4578 AS SHOWN IN THE RECORDS OF WELD COUNTY; THENCE CONTINUING ALONG SAID LOT A FOR THE FOLLOWING NINE (9) COURS ES; 1) NORTH 09°34'58" EAST, A DISTANCE OF 78.88 FEET; 2) NORTH 00°27'43" EAST, A DISTANCE OF 175.44 FEET TO A POINT OF CURVATURE; 3) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 411.78 FEET, AN ARC LENGTH OF 200.39 FEET, AN INCLUDED ANGLE OF 27°52'55"', BEING SUBTENDED BY A CHORD BEARING NORTH 13°22'25" WEST, A DISTANCE OF 198.42 FEET; 4)NORTH 27°16'46"' WEST, A DISTANCE OF 284.12 FEET; 5) NORTH 3 4°521 48 11 WEST, A DISTANCE OF 135.51 FEET; 6) NORTH 20°02'02" WEST, A DISTANCE OF 373.84 FEET; 7) NORTH 25.50'05" WEST, A DISTANCE OF 253.14 FEET TO A POINT OF CURVATURE; 8) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 308.65 FEET, AN ARC LENGTH OF 121.08 FEET, AN INCLUDED ANGLE OF 22°28'34", BEING SUBTENDED BY A CHORD BEARING NORTH 37°00'41" WEST, A DISTANCE OF 120.30 FEET; 9) NORTH 48"43'14" WEST, A DISTANCE OF 53.25 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 32; THEN CE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 32, NORTH 01°05'02" WEST, A DISTANCE OF 263.60 FEET; THENCE LEAVING THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 32, SOUTH 89"32'04" WEST, A DISTANCE OF 46.29 FEET; THENCE NORTH 06°12'56" WEST, A DISTANCE OF 135.53 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 190.35 FEET, AN INCLUDED ANGLE OF 121°10'58", BEING SUBTENDED BY A CHORD BEARING NORTH 54°22'33" EAST, A DISTANCE OF 156.81 FEET; THENCE SOUTH 65°01'58" EAST, A DISTANCE OF 198.32 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 190.00 FEET, AN ARC LENGTH OF 365.91 FEET, AN INCLUDED ANGLE OF 110°20'38", BEING SUBTENDED BY A CHORD BEARING NORTH 59.47'43" EAST, A DISTANCE OF 311.93 FEET; THENCE NORTH 04°37'24" EAST, A DISTANCE OF 87.15 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 290.00 FEET, AN ARC LENGTH OF 87.12 FEET, AN INCLUDED ANGLE OF 17°12'41", BEING SUBTENDED BY A CHORD BEARING NORTH 03°58'56" WEST, A DISTANCE OF 86.79 FEET; THENCE NORTH 12"35'17" WEST, A DISTANCE OF 66.23 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 88.31 FEET, AN INCLUDED ANGLE OF 25°17'52", BEING SUBTENDED BY A CHORD BEARING NORTH 00.03'39" EAST, A DISTANCE OF 87.59 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 210.22 FEET, AN INCLUDED ANGLE OF 24°05'20", BEING SUBTENDED BY A CHORD BEARING NORTH 00.39'55" EAST, A DISTANCE OF 208.67 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG SAID NORTH LINE NORTH 89°29'04" EAST, A DISTANCE OF 654.78 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,476,172 SQ. FT OR 56.85 ACRES MORE OR LESS. And A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-32-4 RE-4578 RECORDED MARCH 15, 2007 AT RECEPTION NO. 3462194 IN THE RECORDS OF WELD COUNTY AND PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 00°51'04" EAST, A DISTANCE OF 2645.70 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 SOUTH 00°51'04" EAST, A DISTANCE OF 2645.70 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89°25' 43" WEST, A DISTANCE OF 210.00 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00°51'04" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT B; THENCE ALONG THE SOUTH LINE OF SAID LOT B, SOUTH 89°25' 43" WEST, A DISTANCE OF 1110.25 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 0 5 °29 1 0 1" EAST, A DISTANCE OF 304.64 FEET; THENCE NORTH 00 °13 1 17 " WEST, A DISTANCE OF 611.75 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, AN ARC LENGTH OF 156.22 FEET, AN INCLUDED ANGLE OF 29"50'11", BEING SUBTENDED BY A CHORD BEARING NORTH 14"41'48" EAST, A DISTANCE OF 154.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 320.00 FEET, AN ARC LENGTH OF 411.49 FEET, AN INCLUDED ANGLE OF 73°40'38", BEING SUBTENDED BY A CHORD BEARING NORTH 07°13'25" WEST, A DISTANCE OF 383.72 FEET; THENCE NORTH 4 4°0 3 1 4 4" WEST, A DISTANCE OF 224.39 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET, AN ARC LENGTH OF 159.35 FEET, AN INCLUDED ANGLE OF 41 03 0 1 0 5 ", BEING SUBTENDED BY A CHORD BEARING NORTH 23 0181 4 1" WEST, A DISTANCE OF 155.89 FEET; THENCE NORTH 02"33'39" WEST, A DISTANCE OF 639.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 260.00 FEET, AN ARC LENGTH OF 113.27 FEET, AN INCLUDED ANGLE OF 24°57'41", BEING SUBTENDED BY A CHORD BEARING NORTH 09"55'12" EAST, A DISTANCE OF 112.38 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 203.95 FEET, AN ARC LENGTH OF 118.43 FEET, AN INCLUDED ANGLE OF 33"16'1O", BEING SUBTENDED BY A CHORD BEARING NORTH 05"45'58" EAST, A DISTANCE OF 116.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG SAID NORTH LINE,NORTH 89"29'04" EAST, A DISTANCE OF 1478.92 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32, SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 3,569,838 SQ FT OR 81.95 ACRES MORE OR LESS. *** That property recorded in the Weld County Clerk and Recorder's Office at Reception No. 096527200026-27, all inclusive, County of Weld, State of Colorado. EXHIBIT B VICINITY MAP Exhibit B Vicinity Map caqi This...list.. ItialiPUNIA,IrRIFINIPIMPrIMMINFInir• tri. . abr... . ,. ,. .. L. ill Mill • fr.I° J.. .4: I t. Community* • ".,• ,S - • .. at lit dente in k r, . ' r • ' ._. F. ift F r • : ^- tw. 1, . ! it• 7. - ----a-a-4 1 ••• ••• ap _ as at �. E t • �_ ` •^~Ilk� •a 1 { • • • per t : .r 7 . ir Niektite• Aeltot 1 . 1 ( '1 * . . • _ s l � y a 4 Mr { - i 9 ' f a' 'A • t IIA ii* )•••: • Z All • • • -w • 3' .., Platte River 4 r Metropolitan D)strict t�`MMY � rr ` afry—r v! ? • 41 A . _ mit . a . SOW oaf ...{ �► a ��t,�r.� ;F�{ • .x • �a f _ '.' �. - -fir ! •IP `? rees • ifraso.a....e.......___' In le • � �. 1 nr A t: , ` ♦ J1 �� _ 1 M ` �` -- `T_ - • {e � . ...19. 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'I. tro•Ce h 4:it /114„, • • e ,.., -- . ..-% ' ---c•• .,,, . //00 / I...4 xt.t.,7,.-.... ). 1. r/ r:, .. 4, / rst ./y,./ 4 _ i•. l I jell S ...• ;• , . bli• ••4'�/� -. - yir A /. . v1 :.�' , � 1111 ., r - ,y / 1lYR Cilia .' ^ . ` , • ` •} _ // ��� '•+'•A i•4•!`-• �I` ` a• yam'• / .4. - JOL � ` ,.. 4. Ui+ 21 r `\ \� IO/ 406.4:: snit C 4 - r • • 7 5nr+no DISTRICT - ►_. - - -� • "t' - - < . Z. 1� ;T>k. BOUNDARY 17 ti fir^ 'mil Ae! Est, Canton MAP ` t- . 1 cm t�sr'� :Nr �; , RIVER B C.he!/erne 1 WELD COUNTY()NLINE MAPPING RED 1- TERRA SILVER PEAKS LLC 4 a . _ . _ 111104110 ..is • ; 1. 1,it Fort G�Ilir.s 10 4Nir awl I a .. i• _A r .v. le 'Or k • S +r, -, - Itt 1 keitti r 6 IL 6 - 4 ie.,. r .. c E ,t Legend it _ • Itt, .. ..r• p t si 4.:fe•-•.? . , go 4 LFtu1Pu1 *Zt1t1! * t • a i Address Label Highway — i ,— �.' 4 ❑ Township / Range •. . _ _w. ti �IA.1'1 ...._._ � — - ;' r ❑ Section ist • �i r _'I � �. ttott. •. w� i1M► '^��aM�l �s•" Y °� L_; County Boundary .` t • Creek / Canal Large Scale • . Perennial r. 1ii ` Ila Intermittent lei tir - 1 Z Ephemeral At jArtifiaai Path ' f Canal Ditch . i L .Z4s ,._ ,i - • * ' , P' ' " _ Coastline z - # — Connector tit �t " . t Pipeline 44-- i si 111141-Th . t. lir it . — Underground Conduit ;• ,,, �.. �., .`�.. " ; River - Large Scale d s 4-V.e."."2:114J'.!` z,= v +_, r�. r + . 1 igest'IMI - - - , 'o►'R ,�. r Area of Complex Channels .• •;• •b 1 T. '''�, � I Area to be Submerged iv.1 •, al " BayIniet 9 Bridge re a ._ ';' h, s ' .. I CanalDitch ., 01 N: • l �, I • '.4" • ' ., 1 ` t ' �.' , IR DamWeir i 4 �� .i ar f s w t '- i *! } _ ~ '"�t • Flume•-.-,.. Foreshore 4. :E � 1 , i'. ;, IsiHazard Zone 1 , _ 11,42:44,,, , ' . , . . 1 : 13,405 0 >r . ' . 3_ ' Notes ,. , 2,234.2 0 1,1 17 ? ? 2,234.2 Feet This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, WGS_1984-Web_Mercator_Auxiliary_Sphere current, or otherwise reliable ,0 Weld County Colorado THIS MAP S NOT TO BE USED FOR NAVIGATION I „, ., . I WELD COUNTY RED TIERRA EQUITIES air ONLINE AAAPPINt; if , -40( r i - i I--. I r• I --, IA:N.4 Ill•K ,I 1 r ... se e • i J r ! A` i4.. , _so 1 sl I • at , ' fir f • _ _, r a 4010•. . f s et fili, • __ - _ 1. Ilan I '` S..._ ,. „; A, .: , Afric f �,` Legend 4. It r ♦ .' "'4 .1 C; 3.• i * • A C, . .► r t ' Parcels p.till ' 4 • • �t I. f ; Highway t ri • ,,4; . ,,tom ; f v.+ t + 4 1 i_ . I a . - ``.-,;�fl... (;--* ' n Township / Range ift� II i .r - �� t], `. ,� ti 41 - Section Y �s _� ` A \ `'o-' 'if " • . .r mss' LI County Boundary 4 S 1 .. it • ft 'Ts. Fr . •. ,,I . fi 71r _ 66W Sri . raw, de I • at.. T : r' :. . 1 FL7 � 1 F r r 3 • } f , . ._ .7e _e_ ..„ . - - .......„.„._ , 0 L a' • AI t fi / f • e. • t�k r � � re/ V.,. ., 1 . r . ... , , / ,. .‘ • I - .. 4 f -, r, -r j. r s f• + • f 4 a I ; I ill el t,.. t II r •� iA rw Ansi, me L•- •- r' ', : nip amen" ami ') L F` 1 :«.• a•fit• •, . ..t • -.. r1/4 I IT- ' -t , * 1 . 13,405 n y.. ' i . ? ` Notes DROUHARD PROPERTY 2,234.2 0 1,117. 12 2,234 2 Beet This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable © Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION _ CENTRAL WELD LAND SURVEY PLAT oc,Ov/+a n'°d � .■iavWM PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH RANGES 62 63 8 66 WEST !! TOWNSHIP 5 NORTH RANGES 62 63864 WEST AND TOWNSHIP 6 NORTH RANGE 64 WEST t OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD STATE OF COLORADO __ __ -- %/////////P.1/f.I r05///////// ///////////////////////////////////sl+.i57.5/// V///////////////////////////�Zt//// ca /////////////////X+„4UMf//i,4711///////au///% L001 / I 7 [s MN AC I WO tI I[J'PIIE SI ,nmasisa '/i//�1 ip Nvs I 4 Ai B� AS e�. 9A X,„m 1 Ci 9.g 11 g•.2 I XH+9514 5 I ■� SR ORE / SPARE fum / �N }LO r / _ r XI / I II!■16'n /Mg///////MI II IPW////1411%////////////// wr Slm 104001710 MITI W W ro ,57-7:17. HGPIN+ 1991 +w9nn ... q wuE^ ...PI tunaLR vsr N OPOITYOSNAVI9N 0•6930....2304.11MTIM.1115111. ). Diane,.,a ulr ,."� ume%minreagn Rif COMM Iem,uavrvtea,m w m,wr w■unlvnaroMw o _ v a IS/ 0 wa10. 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MD mn,n mam : Of 20 I ,,, ._ ., CENTRAL WELD LAND SURVEY PLAT e�,rr4w$n6umrmuLtrm PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63 664 WEST AND TOWNSHIP 6 NORTH,RANGE 64 WEST, 9 OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO I 8 WRAC? 3 §R =l 94 �3 �\ a s� acme / / L0T2 )1LE �o Ac li g �ii1 .rN...n min ,��ll 4 N .... 2e�6a/ �Otk, 3 g s 6 a/ r LOT) //8 MO AC / Will C , • L.w nwmuxn - rcx� • 7 ="' nawuuNw/ waNnn,wrn • N6'¢ITY/ )111f __ __ __ __ _ __I30t02OIfRIYOEICPoVIICM mw.vn m,wra®n+Eo¢m mnrw,6am2wmw,m ,wn.vwa,cent Nwwawsw„[ms,,. a rtx,K awnwavrncmw.rrwwwewwawxwro sor _ 0. _ x a Sly ® woso avro Z-...41-®-....< �-` .a Noma+wuwwwrs,r YAHOO• omavo,ieewi.w,a,rux wn•Y•rx _yryYs_ O wuerow„wv FOAM[PIMA SinOCFC.OLt••• wC,xX1kF a wawa �- SURVEY#SYSTEMS CENTRAL WELD COUNTY " y.“, OR,vWul v ,n E1SEC AW)1.ALANDSURJEYPLIT Rmrflr,aw 1,a, o0e almwnans wru®®ww„rn 274�ww,ar w~ w d 0.••••••••••••,••••••Manila LOTS RECO30000 Nxe SEE.R A to. ,a,.,atm ow mwa � ...... 3�m 0.0 Dan.00053,1362906202 6.2.023EO EIDFIgN 05653.1.I.ISI1 OF , E CENTRAL WELD LAND SURVEY PLAT s PAI,%1 ML.B.N ! PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH,RANGES 62,63&66 WEST, TOWNSHIP 5 NORTH,RANGES 62,63.664 WEST AND i TOWNSHIP 6 NORTH,RANGE 64 WEST, =I OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO WC R152 n an ®�� Zs,' m.s 211 SS'n ..n F= 94.0108E GL :4 g LOTS WW1. �Cx96t9IIw 9.37. rzw mnT Rya ii\ .„w—. �,N6bF,w ,`,"2.-,�� __ i"/nu.sosaa 3S LOTI acnr MU AT A 44, w I .93.w,.+v 7 R L>.azv =n4 .'^XF W.3111` Tag' h'I 4 11 n N 'assE awn I4Yq MAC 8417,2307 n LOTS a a: '; ''N ''''r44:1 x4Y53T£ .34 .IxN9J4 2942 AC [.�a.�E ..."14';:17.'" CH•N,YTIw fJ'9158 wA R nNro"a.� LOTe R.59,.L' ;d a BI AC L•um .m.: Nr,rs.E �5 M. ,.a„ ...an nnn nxf .m ,,,.,,a„ �n..4rNma 9B9'yiTiOHn 315x.9D' �9BY0'BJV.N��tID1II \°E1,4IYln 61508 _ serrssw • MOPES.MCP.. NOTE. ro %Zw anw'm orr .,usra^.mn a., toN�aev„e.,rre ieanwnNm,,. 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Jon y ��� v. ab motor nom om N c. motor • PROPIFITIMICIVRION .0,, If i 1 M.11.0.410344.414010{4154.4.01.4.4.46*CM 01114104• SURVEYCSYSTEMS CENTRAL WELD B� . WeltZa: 4 %rr.wva LAND SURVEY MT roelnwc. mr iemrgrem m®� LO s 4 O.ww�„ _ xcnaxro.iwwnw -.. . 20 9fClgB).LUL RCM sc mm. m „„, „,„, 21 Of ID EXHIBIT D PRIMARY INFRASTRUCTURE PLAN EXHIBIT D PRIMARY INFRASTRUCTURE PLAN Infrastructure constructed by the District is engineered to meet the specific needs of a District user or users. Given the cost of infrastructure and water rights, projects are not designed except after extensive discussions with the user in order to identify their needs. The organizers of the District have extensive backgrounds in the development of water infrastructure and provide the following guidelines for infrastructure costs: 1. Cost per acre foot of lined storage- $2,500-4,000/acre foot. Reservoirs can vary in size from 200 acre feet of lined storage to 12,000 acre feet of lined storage. The size is dependent on the needs of the users,the availability of storage locations and the delivery design for the water. 2. Cost per lineal foot of pipelines of various sizes. 12" PVC - $66/linear foot 18" PVC - $99/linear foot 24"PVC - $132/linear foot 36" PVC - $198/linear foot 3. Well costs - $250,000/well 4. Diversion facility costs- $500,000-750,000/diversion structure 5. Recharge pond per surface acres - $12,500/surface acre 6. Water rights, per acre foot annual yield. - $24,000-28,000/decreed acre foot 7. Pump station costs. - $30,000-40,000/CFS 8. Weather stations, monitoring wells, etc. - $35,000/station 9. Access roads - $8/ft EXHIBIT E FINANCIAL PLAN Capita Markets RBC islatt : 1vr Metr . poHtan Districts Service Ran Submssor Plan of Finance and Summary� � . ary of' Fin ncin . Assumptions We have prepared the following Financial Plan for the initial formation of the Platte River Metropolitan District. This Financial Plan is based upon development information that has been provided to us by the District Organizer. Based upon the assumptions below, the Financial Plan demonstrates that the District has the ability to finance the public improvements identified within the Service Plan and will be capable of discharging that indebtedness on a reasonable basis . It is anticipated that the District will impose rents , fees and charges for providing water supply on a wholesale basis , build water infrastructure and related , appurtenant non-water infrastructure to serve development. These revenues along with any mill levy on taxable property within the District will be used as the sources of revenue for repayment of District debt and for operations and maintenance of the District. In order to estimate the potential bonding capacity of the District we have set forth certain revenue requirements based upon current investor acceptance in the municipal bond market. This forecast is based upon certain assumptions with facts and circumstances as we know them today and sets forth an estimation of revenue to be generated by the District for the reasonable discharge of any debt. Since events and circumstances frequently do not occur as expected there will usually be differences between the forecasted and actual results . Depending on the revenue source and timing the bonding capacity will vary based upon actual results . We believe the following financial plan and results are reasonable and attainable in today's market. District Financial Plan The financing plan proposes future fees and charges to be applied to future users of the proposed public improvements including the wholesale purchase of water. Since fees can fluctuate over time based upon usage of the facilities the investor market requires a higher debt service coverage ratio . As a result of the financial modeling , the following table outlines the revenue required to achieve various bonding levels for the District utilizing fees/service charges only and not including any property taxes . It is anticipated that the District will issue debt at the appropriate time as the capital markets will allow. Platte River Metropolitan District Fee Based Debt Capacity Estimated Total Estimated Estimated Senior Tax Total Required Annual Total Bonding Debt Service Exempt Financing District Revenue Capacity Coverage Interest Rate Term for Debt Service $ 1 ,000 ,000 1 .25 6 .0 % 20 Years $ 110 ,000 $5 , 000 , 000 1 .25 6 .0 % 20 Years $ 550 , 000 $ 10 , 000 ,000 1 .25 6 .0 % 20 Years $ 1 ,090 , 000 $25 , 000 , 000 1 .25 6 .0 % 20 Years $2 , 730 , 000 $50 , 000 , 000 1 .25 6 .0 % 20 Years $5 ,450 ,000 $ 100 , 000 , 000 1 .25 6 .0 % 20 Years $ 10 , 900 , 000 $200 , 000 ,000 1 .25 6 .0 % 20 Years $21 ,800 , 000 The financing plan also allows for the imposition of a debt mill levy on future inclusion properties for the construction and maintenance of the proposed public improvements . As a result of the financial modeling , the following table outlines the revenue required to achieve various bonding levels for the District. This assumes assessed value to be generated from residential and commercial properties . If there is a significant amount of the 1 I PLATTE RIVER METROPOLITAN DISTRICT: SERVICE PLAN SUBMISSION value generated from oil/gas properties the financing term will be shortened to ten years or less . This is primarily based upon the average life of the facilities and tax revenues to be generated . It is anticipated that the District will issue debt at the appropriate time as the capital markets will allow based on the buildout at that point in time . Platte River Metropolitan District Ad Valorem Debt Capacity Estimated Total Estimated Total Estimated Estimated Senior Tax Total Required Annual Required Total Bonding Debt Service Exempt Financing District Revenue District AV @ 50 Capacity Coverage Interest Rate Term for Debt Service Mills $ 1 , 000 , 000 1 .25 6 .0 % 20 Years $ 110 ,000 $2 ,200 ,000 $ 5 , 000 , 000 1 .25 6 . 0 % 20 Years $550 , 000 $ 11 , 000 ,000 $ 10 ,000 ,000 1 .25 6 .0 % 20 Years $ 1 , 090 ,000 $21 ,800 ,000 $25 , 000 , 000 1 .25 6 .0 % 20 Years $2 , 730 , 000 $ 54 ,600 , 000 $50 ,000 ,000 1 .25 6 .0 % 20 Years $5 ,450 ,000 $ 109 ,000 ,000 $ 100 , 000 , 000 1 .25 6 .0 % 20 Years $ 10 , 900 , 000 $218 , 000 , 000 $200 ,000 , 000 1 .25 6 .0 % 20 Years $21 , 800 , 000 $436 ,000 ,000 All of the revenues pledged to debt service are dependent solely upon the ability of the District to achieve the revenue projections . Note that these revenue values assume level debt service overall and project the revenue needed for debt service upon stabilization . RBC Capital Market believes this financial plan to be reasonable based on the information provided to us and our financial assumptions . 2 I PLATTE RIVER METROPOLITAN DISTRICT : SERVICE PLAN SUBMISSION t Utll V bz: 11 W F ) COUNTY NOTICE OF PUBLIC HEARING FOR THE ORGANIZATION OF A SPECIAL DI . MtSIONPRS IN RE THE ORGANIZATION OF PLATTE RIVER METROPOLITAN DISTRICT, COUNTY OF WELD, STATE OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to § 32- 1 -202, C .R. S . , a Service Plan (the "Service Plan") for the proposed Platte River Metropolitan District ("District") has been filed with the Weld County Board of County Commissioners . The Service Plan is now on file in the office of the Weld County Board of County Commissioners and is available for public inspection. NOTICE IS FURTHER GIVEN that pursuant to Section 32- 1 -204, C .R. S . , a public hearing on the Service Plan will be held by the Weld County Board of County Commissioners (the "Board of County Commissioners") on Wednesday, September 18 , 2019 at 9 : 00 a.m. , or as soon thereafter as the Board of County Commissioners may hear such matter, at the Weld County Administration Building located at 115O O Street, Greeley, Colorado . The purpose of the public hearing shall be to consider the adequacy of the Service Plan to form a basis for adopting a Resolution approving, conditionally approving, or disapproving the Service Plan. All interested parties (as defined in Section 32- 1 -204, C .R. S .) shall be afforded an opportunity to be heard under such rules of procedure as may be established by the Board of County Commissioners . The District is a metropolitan district, and shall have the power and authority to provide the public improvements as described in the Service Plan as such power and authority is described in the Special District Act and other applicable statutes, common law and the Constitution, subject to the limitations set forth in the Service Plan and any intergovernmental agreement(s) between the proposed District and Weld County as any or all of the same may be amended from time to time. The debt service mill levy shall not exceed fifty (50) mills and the aggregate maximum mill levy for payment of debt and operations and maintenance functions and shall not exceed sixty-five (65) mills, subject to conditions as stated in the Service Plan. The initial boundaries of the District are as follows : A PARCEL OF LAND IN THE EAST QUARTER SECTION OF SECTION 15 , TOWNSHIP 1 NORTH RANGE 66 WEST OF THE 6TH PM, LOCATED SOUTH OF WCR 10 BETWEEN WCR 31 AND WCR 33 , WELD COUNTY, COLORADO, AND CONTAINING AN AREA OF APPROXIMATELY 54 ACRES, MORE OR LESS ; BEING MORE PARTICULARLY DESCRIBED IN THE SERVICE PLAN. NOTICE IS FURTHER GIVEN that pursuant to Section 32- 1 -203 (3 . 5), C .R. S . , as amended, no later than ten days prior to the public hearing on the Service Plan, any owner of real property within the proposed District may file a petition with the Board of County Commissioners requesting that such real property be excluded from the District. The Board of County Commissioners shall not be limited in its action with respect to the exclusion of property based upon such request. Any request for exclusion shall be acted upon before final action of the Board of County Commissioners concerning approval of the Service Plan. By: is/ Weld County Board of County Commissioners Weld County, Colorado 9/11/2019 NOTICE OF PUBLIC HEARING FOR THE ,..CO 80202 I Classifieds GreeleyTribune.com K Back(/section/Legals/Legals/) All Classifieds (/) Legals (/category/Legals/) Legals (/section/Legals/Legals/) NOTICE OF PUBLIC HEARING FOR THE 80202 108/23/2019 I Ad id: 1-0000472498-01 DETAILS NOTICE OF PUBLIC HEARING FOR THE ORGANIZATION OF A SPECIAL DISTRICT IN RE THE ORGANIZATION OF PLATTE RIVER METROPOLITAN DISTRICT, COUNTY OF WELD, STATE OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to§32-1-202, C.R.S., a Service Plan(the"Service Plan")for the proposed Platte River Metropolitan District("District")has been filed with the Weld County Board of County Commissioners.The Service Plan is now on file in the office of the Weld County Board of County Commissioners and is available for public inspection. NOTICE IS FURTHER GIVEN that pursuant to Section 32-1-204,C.R.S., a public hearing on the Service Plan will be held by the Weld County Board of County Commissioners (the"Board of County Commissioners")on Wednesday, September 18,2019 at 9:00 a.m.,or as soon thereafter as the Board of County Commissioners may hear such matter, at the Weld County Administration Building located at 1150 O Street,Greeley, Colorado.The purpose of the public hearing shall be to consider the adequacy of the Service Plan to form a basis for adopting a Resolution approving,conditionally approving,or disapproving the Service Plan.All interested parties(as defined in Section 32-1-204, C.R.S.)shall be afforded an opportunity to be heard under such rules of procedure as may be established by the Board of County Commissioners.The District is a metropolitan district, and shall have the power and authority to provide the public improvements as described in the Service Plan as such power and authority is described in the Special District Act and other applicable statutes,common law and the Constitution,subject to the limitations set forth in the Service Plan and any intergovernmental agreement(s)between the proposed District and Weld County as any or all of the same may be amended from time to time.The debt service mill levy shall not exceed fifty(50)mills and the aggregate maximum mill levy for payment of debt and operations and maintenance functions and shall not exceed sixty-five(65)mills, subject to conditions as stated in the Service Plan.The initial boundaries of the District are as follows:A PARCEL OF LAND IN THE EAST QUARTER SECTION OF SECTION 15,TOWNSHIP 1 NORTH RANGE 66 WEST OF THE 6TH PM, LOCATED SOUTH OF WCR 10 BETWEEN WCR 31 AND WCR 33, WELD COUNTY,COLORADO, AND CONTAINING AN AREA OF APPROXIMATELY 54 ACRES, MORE OR LESS; BEING MORE PARTICULARLY DESCRIBED IN THE SERVICE PLAN. NOTICE IS FURTHER GIVEN that pursuant to Section 32-1-203(3.5), C.R.S., as amended, no later than ten days prior to the public hearing on the Service Plan, any owner of real property within the proposed District may file a petition with the Board of County Commissioners requesting that such real property be excluded from the District.The Board of County Commissioners shall not be limited in its action with respect to the exclusion of property based upon such request.Any request for exclusion shall be acted upon before final action of the Board of County Commissioners concerning approval of the Service Plan, By:/s/ Weld County Board of County Commissioners Weld County,Colorado The Tribune August 23,2019 hops://classifieds.greeleytribune.com/ad/Legals/Legals/notice-of-public-hearing-for-the/1-0000472498-01#.XXmYyChKg2w 1/3 RECEI . , D COUNTY OF WELD , STATE OF COLORADO f !) f ,r-% in vl u 6`, E NOTICE OF PUBLIC HEARING WELD el 0 urry 1 '4..1> Od\9 G M S s' !0 9 r s IN RE THE ORGANIZATION OF THE PROPOSED PLATTE RIVER METROPOLITAN DISTRICT , WELD COUNTY , STATE OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that there was filed with the Weld County Board of County Commissioners , a service plan and related documents (the " Service Plan " ) for the proposed Platte River Metropolitan District (the " District") . The Service Plan is now on file in the office of the Weld County Board of County Commissioners and is available for public inspection . NOTICE IS FURTHER GIVEN that pursuant to Section 32- 1 -202 ( 1 ) (a) , C . R . S . , the Service Plan has been referred to the Weld County Planning Commission , which shall consider and make a recommendation on the Service Plan to the Board of County Commissioners within thirty (30 ) days after the Service Plan was filed with the Weld County clerk and recorder. A public hearing on the Service Plan will be held before the Weld County Planning Commission at 12 : 30 p . m . on Tuesday , August 20 , 2019 , at the Weld County Administration Building located at 1150 O Street , Greeley , Colorado . The initial boundaries of the District will be a parcel of land in the east quarter section of Section 15 , Township 1 North Range 66 west of the 61h PM , located south of WCR 10 between WCR 31 and WCR 33 , and containing an area of approximately 54 acres , more or less . The District shall have the power and authority to provide the public improvements as described in the Service Plan as such power and authority is described in the Special District Act and other applicable statutes , common law and the Constitution , subject to the limitations set forth in the Service Plan and any intergovernmental agreement(s) between the proposed District and Weld County as any or all of the same may be amended from time to time . The debt service mill levy shall not exceed fifty (50) mills and the aggregate maximum mill levy for payment of debt and operations and maintenance functions and shall not exceed sixty-five (65) mills , subject to conditions as stated in the Service Plan . By : is/ Weld County Planning Commission Weld County , Colorado Affidavit of Publication STATE OF COLORADO SS . County of Weld, I Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and COUNTY OF WELD, STATE OF COLORADO published in the City of Greeley in said county and ---r+w--r-rrr-----_----w-- ..�r----w---rrr-rrw---wwrr--r-r-w----.... . NOTICE OF PUBLIC HEARING state ; that the notice or advertisement, of which the IN RE THE ORGANIZATION OF THE PROPOSED PLATTE annexed is a true copy, has been published in said RIVER METROPOLITAN DISTRICT, WELD COUNTY, STATE OFCOLORADo daily newspaper for consecutive (days) : that the notice le vaspublished in the regular and entire issue PUBLIC NOTICE IS HEREBY GIVEN that there was filed with '-`- the Weld County Board of County Commissioners, a service of every number of said newspaper during the plan and related documents (the "Service Plan") for the pro- posed Platte River Metropolitan District (the "District-"). The period and time of publication of said notice, and Service Plan is now on file in the office of the Weld County Board of Count' Commissioners and is available for public in- in the newspaper proper and not in a supplement spection. NOTICE IS FURTHER GIVEN that pursuant to Section 32-1- thereof; that the first publication of said notice was 202(1)(a), C.R.S., the Service Plan has been referred to the contained in the Weld County Planning Commission, which shall consider and make a,recommendation on the Service Plan to the Board of Thirty-First day of July A. D. 2019 and the last County Commissioners within thirty (30) days after the Service Plan was filed with the Weld County clerk and recorder. A pub- Gopublication thereof: in the issue of said newspaper hearing on the Service Plan will be held before the Weld County Planning Commission at 12:30 p.m. on Tuesday, August bearing the date of the 20, 2019, at the Weld County Administration Building located at 1150O Street, Greeley, Colorado. Thirty-First day of July A . D . 2019 has been The initial boundaries of the District will be a parcel of land in the published continuously and uninterruptedly during east quarter section of Section 15, Township 1 North Range 66 the period of at least six months next prior to the west of the 6th PM, located south of WCR 10 between WCR 31 and WCR 33, and containing an area of approximately 54 acres, more or less. first issue thereof contained said notice or The District shall have the power and authority to provide the advertisement above referred to; that said public improvements as described in the Service Plan as such power and authority is described in the Special District Act and newspaper has been admitted to the United States other applicable statutes, common law and the Constitution; mails as second-class matter under the provisions subject to the limitations set forth in the Service Plan and any in- tergovernmental agreement(s) between the proposed District of the Act of March 3 , 1 879, or any amendments and Weld County as any, or all of the same may be amended from time to time. The.debt service mill levy shall not.exceed thereof; and that said newspaper is a daily fifty (50) mills and the aggregate maximum mill levy for Pa of debt and:operations.and maintenance functions nd Payment newspaper duly qualified for publishing legal exceed sixty-five (65) mills, subject to conditions as stated in the Service Plan. notices and advertisements within the meaning of By: 1Netd'County Planning Commission the laws of the State of Colorado. The Tribune Weld County, Colorado July 31 , 2019 July 31 . 2019 Total Charges : $36 . 96 / 31st day of July 2019 My Commission Expires 08/ 13/2022 \\It.;_kic4\ Notary Public VVICKIEGGARRET-TS NOTARY PUBLIC • STATE OF COLORADO NOTARY ID 20144031754 • MY COMMISSION EXPIRES AUGUST 13, 2022 er.: * ; 'rte.;, CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the following NOTICE OF PUBLIC HEARING for the Platte River Metropolitan District was mailed on Wednesday, July 31 , 2019, by placing same in envelopes with U . S . Mail, first-class postage prepaid and addressed as set forth below : SEE EXHIBIT A Dated July 31 , 2019 . By : Marisa Davis STATE OF COLORADO ) CITY AND ) ss . COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 2 day cif , 2019, by Marisa Davis as an individual . WITNESS my hand and official seal . My commission Cxplexpires : 25 I. ( SEAL ) LOV-41{11,1: Notary Public CHELSEA ILLIAM ENGEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174039969 MY COMMISSION EXPIRES SEPTEMBER 25, 2021 Exhibit A Altamira Metropolitan District Nos. 1-4 Altamira Metropolitan District No. 5 Blue Lake Metropolitan District Nos. 1-2 do Spencer Fane LLP CRS of Colorado CRS of Colorado 1700 Lincoln Street, Suite 2000 7995 E Prentice Ave, Suite 103E 7995 E Prentice Ave, Suite 103E Denver, CO 80203 Greenwood Village, CO 80111 Greenwood Village, CO 80111 Blue Lake Metropolitan District No.3 Blue Lake Metropolitan District Nos.4-6 City of Brighton CRS of Colorado c/o Miller&Associates Law Offices 7995 E Prentice Ave, Suite 103E 1641 California Street, Suite 300 500 South 4th Avenue Greenwood Village, CO 80111 Denver, CO 80202 Brighton, CO 80504 Bromley Park Metropolitan District No.2 Cottonwood Greens Metropolitan c/o CliftonLarsonAllen LLP Central Colorado Water District No. 1 8390 E.Crescent Parkway, Ste 300 3209 West 28th Street 390 Union Boulevard, Suite 400 Greenwood Village, CO 80111-2814 Greeley, CO 80634 Denver, CO 80228 Cottonwood Greens Metropolitan Cottonwood Greens District Nos.2-4 Metropolitan District No. 5 City of Fort Lupton c/o Miller&Associates Law Offices CRS of Colorado 130 South McKinley Avenue 1641 California Street, Suite 300 7995 E Prentice Ave, Suite 103E Fort Lupton, CO 80621 Denver, CO 80202 Greenwood Village,CO 80111 Greater Brighton Fire Protection Highlands Metropolitan District Nos. 1-5 Fort Lupton Fire Protection District District CRS of Colorado 1121 Denver Avenue Fort Lupton, CO 80621 500 S 4th Avenue, 3rd Fl 7995 E Prentice Ave, Suite 103E Brighton, CO 80601-3165 Greenwood Village, CO 80111 Hudson Fire Protection District Town of Lochbuie Mountain Sky Metropolitan District c/o Norton& Smith, P.C. PO Box 7 703 WCR 37 1331 17th Street, Suite 500 Hudson, CO 80642 Lochbuie, CO 80603 Denver, CO 80202-1555 Silver Peaks Metropolitan District Nos. 1-4 Northern Colorado Water District RTD c/o Spencer Fane LLP 220 Water Avenue 1600 Blake Street 1700 Lincoln Street,Suite 2000 Berthoud, CO 80513 Denver, CO 80202 Denver, CO 80203 Silver Peaks Metropolitan District Nos.6-7 Weld County Andrew Damiano c/o Spencer Fane LLP Board of County Commissioners 15 Vale Drive 1700 Lincoln Street, Suite 2000 1150 O Street Englewood,1Cherry CO Dive Denver,CO 80203 Greeley,CO 80631 Dianne D . Miller Michael E. Davis Admitted in Colorado and Admitted in Colorado New Mexico i [ter Richard K. Sans Soucy &iv Admitted in Colorado Chelsea W. Mengel it NYT i " A ssociates Admitted in Colorado and Law Offices Idaho July 22 , 2019 Via hand- delivery Ms . N,sther Gesick Clerk to the Board of County Commissioners R EEC 1150 O Street Greeley CO 80631a 2 2 :2019 RE : Real Weld Metropolitan District WELD COUNTY Platte River Metropolitan DistrictCIMMRSSONERS Ms . Gesick : Knclosed is check number 41346 in the amount of $ 500 . 00 as the service plan fee for Real Weld Metropolitan District and check number 41347 in the amount of S500 . 00 as the service plan fee for Platte River Metropolitan District. The serviceplans for these proposed p p districts were filed with the clerk and recorder' s office on June 27, 2019 . I spoke with Mr. Bob Choate of the County Attorney ' s office last week and he indicated that these checks should be sent to you. Also , for your convenience , we are enclosing a copy of each of the service plans . Please contact me with any questions or comments . Very truly yours , MILLER & ASSOCIATES LAW OFFICES , LLC .4-41 // 'iYrors N,nclosures 1641 California St Suite 300 Denver, CO 80202 p : (303 ) 285 - 5320 f: (303 ) 285 - 5330 www. ddmalaw. com o DATE X11' NO . 9 0 5 7 RECEIPT L o M RECEIVED FROM ('01tle. r * Q ',' oc; a LaOREczs, i,_Le`? Law U m o ADDRESS t MlS+ratS4c. 3OO , Qeflr , co goo ; = Hvt t-tondredand ° °It Q o _--'"_'` _ $ 50Oo o o 0 U ° o a FOR OP ) P I a t ; ve C°' Mr a , re, . sell. ; rq• apple 0 .................................. . .........::::: r U C5 .::::::.::................:::::::::::::::.....c.::?::::::::::,:::::::::::.:::::::::::::::::::::::::::::::::::i::::::::::::::::::::::•:.•;:.•:;:•:::::::::::::::::-.:.:::::::::::..k.:.:÷:„:„.„.„.•:•:.:•„.:„,•,........„:„..............,„.........•—•.........................::„....-n;.:.::::,::::::::::::".•"":::::::::w:,::":::::::• 4.1:F c..t l 39 7 ,::::::,::,::::::„,,„,,,,:„„:„„„„„,:,,,:„:„: . ::::::::::::::,:::::::::::.,...::...:::::.,.:...„.,:„„„,:::::::::. „„„„„„„:„„„„„d.s.:,:,„:,,:,:„:,„„,,,, , .:,,,,,:,::::::::::::::::...„„:„.:.:.:::.:.:::.::::::::::::::::::::: .....................................................,..,.........,......„ ,e, __ .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:::::...:.:.:::::::::::,:::: ......,,,,....,..........,...........................,......,...... F b. h . Ofratia ♦ • 3. ./ � B 0Y rit :'.3g.213:M" c ._` -l a nisl`g .a: a�m+"�`.'-"+- tr• x a ? t .•cinM • _ k .EE rc riat5 '7ffi iigiWeite-a..� "�'`' .gAM _ •` t MILLER & ASSOCIATES LAW OFFICES LLC 41347 July 22, 2019 Weld County $ 500 . 00 Fee for service plan review / Platte River Metropolitan District RECEIVED , r „, JRa !) J / i. ,,, 9 • CL +:o ::^, eta 2r.,.:;:it) )@e WELD COUNTY COMMISSIONERS REAL WELD AND PLATTE RIVER METROPOLITAN DISTRICTS Calendar for hearing dates Cite: 32-1-202,C.R.S. Date Available dates for hearing The service plan shall be filed Service plans were filed with the n/a with the county clerk and clerk and recorder on June 23, recorder for the board of county 2019. commissioners at least ten days prior to a regular meeting of the Spoke with County attorney on board of county commissioners, July 17,2019 and emailed the division, and the state auditor. service plans to him. the service plan shall be referred 30 days is either: to the planning commission which shall consider and make a July 23,2019 August 20,2019 recommendation on the service plan to the board of county OR OR commissioners within thirty days after the plan was filed with the August 17,2019 September 3,2019 county clerk and recorder Within five days after the filing These reports were filed by the n/a of any service plan,the county organizers on behalf of the clerk and recorder,on behalf of County on June 27,2019 the board of county commissioners, shall report to the division on forms furnished by the division the name and type of the proposed special district for which the service plan has been filed. At the next regular meeting of If August 20, 2019 Hearing can be held: the board of county September 9, 11, 16, 18 or 23 commissioners that is held at (BOCC sets hearing on Sept 4) least ten days after the final Hearing can be held: planning commission action on the service plan,the board of If September 3, 2019 September 18 or 23 county commissioners shall set a (BOCC sets hearing on Sept 16) date within thirty days of the *if September 23,resolution of meeting for a public hearing on approval needed on September the service plan of the proposed 24 to file with the court special district. �dYr..p+�...- ,-a�-.:�asYzl�+t'Rt9-,•• ,- . :•.-s�ema —1amt<l. <. .t.ra..w, .,«-.-,v.. 2 0_.,•w-.'NPFe'1 wPMOiq�p'py(.`\eaYt<. .-.. gaya�Ze!¢]�.¢p'.gpW}I^v C^'a,-s..(Y"—. yyYya.— ��rP✓>+S 1 r14.._.Js. [mat s . ST'V/9r T-.O•. . • aaa., a 4Y1�WYOFK: ..ate_ _..r -,n r ^MPVtlb1nP44➢4` \-. e'-ER!•4.C4S+0>1tx:wYa1VM•INR•'Y5.. �..9w.......4'fi•1A1N1b!n!tg0,..➢ga�.•__. � a n.�-.�c'.\�M'f.!<'M[RVT`dY?I+I.*'e:^.^b�A5lC:.... _- - .. be"'Q t \ tI Front Range , MILLER 84 ASSOCIATES I._AW OFFICE' S LLC wW,w.fro ntrangebank.com OPERATING ACCOUNT 82-642/1070 1641 CALIFORNIA STREET, SUITE 300 July 22 , 2019 DENVER, CO 80202 PAY TO THE Weld County * * 500 . 00 ORDER OF ..,, - --_____ - $ • � �1 � 7 1, �/ �� �� � 1 �1 1 1 �� 1 } � f �t 1 { f � f � 1 �1 { � \ 1 1 f Five Hundred * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * �: * * * * * * * * * * * * * * * * * * * * * * * * * * * * sY % c....,, _ ....•-lis A...new._. ., . Vw.w .. .En_r...,..n...M _n._ . ..—n....._. .r___,._.___._.___. �_.__.._ 7 .�._vu__..<_____..a r,_...__w. . w4., .— n . ..�_ .•^ __..`,.".. .... ...'.>_,_.c: DOLLARS w.N•.fa'..4.u.w. .-.__.--.s.t: one,- ,..n^.3 ifti,i�i.,-+ +r.r I . 1, ; MEMO } Fee for service plan review / Platte River Metropolitan Distr744ict f ct / —»s n - r c. ....-....»:,._.. ,._.T._:_.__ AUTHO UR- - ._. .. •- f„ - n-4-0.- -- ._mss e.. _- •Y —s4 s. - -.. .-. .lc,. T... _.. a%.17:1, zs .r. -. -,. _ -.a >: 9n _ . r. - .,. e -. _. ,< . . _l. tale- <. Jv^- f. es-<. � ., . . c.. . _. . -,/,, -- -..- -.. .- . _ .. � -. r . -_- Est. .. :. _. . .. r. 'ft ti‘.- < d s .. ..>c--..> n,-<:._ -. — .< . . . � ^, � .,.y.». -�. ,-.,<, -.rr...4'1 >,�..,,... �C .>. ,.. �- ,. �1�'z�'.a :P:1: -„F.:4' s» ._ � K ¢ar.«. 3 'alit tom' n't. Y s .-. s < 3_, ."$.. .r ✓ =-� .. , >�.. -:tea s- ,_ � - MILLER & ASSOCIATES LAW OFFICES LLC 41347 July 22 , 2019 Weld County $ 500 . 00 Fee for service plan review / Platte River Metropolitan District EIVE tii€ rte. ,<, IC-- ' , ? v... WELD WELD COUNTY RE 1 COMMISSIONERS p ECI T DATE ., iti i ca i o CI 9 NO . ..., k._ i 2 o CO RECEIVED FROM f ; t % O% € 5Oc2ot50, k �� i 9 � 1212 o ADDRESS tc °tt �a t % br�' tt re � . 9 sip ¢ -a -J co Hundred and ° °Itoo L., 6 o a. O 0 O U ° mo cu FOR (a6 tatted PRier Metro 9 0 ' ; cat, dip O 0- O HOW PAID W 1i 3ut w-7 CASH te f ., CHECK a 1 v r '� BY til A r i/ MONEY ORDER A o4L ,a, COLORADO 4it CO 1 Department of Local Aft airs '" Division of Local Government NOTICE OF FILING OF SPECIAL DISTRICT SERVICE PLAN Pursuant to CRS 32 - 1 -202 ( 1 ) , the County Clerk and Recorder or Municipal Clerk shall notify the Division of Local Government within five days after the filing of a service plan for the formation of a new Special District. Please provide the information indicated and return this form to the Division of Local Government . Petitioner Information Platte River Metropolitan District July 22 , 2019 Name of Proposed District Filing Date Metropolitan District Weld County Board of County Commissioners Type of Proposed District Approving Authority Receiving Plan Esther Gesick, Clerk to the Board egesick@weldgov . com (970)400 -4226 Contact Person Filing Service Plan Phone / Email Hearing Information i Weld County Administration Building , 1150 0 Street , Greeley, CO 80631 Location of Hearing 9 : 00 a . m . September 18 , 2019 Time of Hearing Date of Hearing 4/41,ki. N*tede, I it X, 11;61 kreii �- a July 24, 2019 t ` e t .„ , `yam'�~ y tv Clerk Signature ° Ur ISM. _= Date 1Pursuant to C . R . S . 32 - 1 -202 ( 1 ) the board of county commissioners shall provide written notice of the date, time , and location of the hearing on the service plan to the division . Hearing information may be provided when submitting this notice of filing of service plan if known . DLG 60 (Rev. 6/ 16) � Governor Jahn W . Hickentooper I Iry Halter, Executive Director I Chantal Unfug , Division Director ` � • " ti- �- :�d St. S{, r^ O 1313 Sherman Street , Room 521 , Denver, CO 80203 P 303 . 864. 7720 TDD / Y 303 . 864. 7 758 www. dota. cotorado. gov ! Strengthening Colorado Communities 1876 Dianne D. Miller .. Michael E. Davis Admitted in Colorado and Admitted in Colorado 4 New Mexico liter Richard K. Sans Soucy Admitted in Colorado A & Chelsea W. Rengel ssociates Admitted in Colorado and Law Offices Idaho R „in ECE June 27 . 2019 1 7 X010 Via email to ckoppes ,weidgov .com and via Hand Delivery Weld County Board of County Commissioners D COUNTY' c/o Clerk and Recorder for the Board of County Commissioners COMMISSIONERS 1 150 O Street Greeley CO 80631 RE : Filing of Service Plan for proposed Platte River Metropolitan District Dear Ms . Koppes : Pursuant to C . R. S . § 32- 1 -202( 1 )(a), enclosed is a Service Plan for the proposed Platte River Weld Metropolitan District which is being filed with you . We will also notify the county attorney ' s office of the filing by email . For your convenience, a copy of C . R .S . § 32- 1 -202( 1 )(a) is also enclosed. As of today ' s date, we are also filing a copy of the proposed service plan with the Division of Local Government and the State auditor as required by statute. Please call me if you have any questions or concerns regarding this filing. Very truly yours, MILLER & ASSOCIATES LAW OFFICES , LLC rs f w .mot" i'orD � ,� , („sea •t ti Enclosures : Service Plan for the proposed Platte River Metropolitan District Copy of C . R . S . § 32 - 1 -202( 1 ) (a) 1641 California St Suite 300 1 Denver, CO180202 80202 p : ( 303 ) 285 -5320 I f: (303 ) 285-5330 1www.ddmalaIA .com Esther Gesick From: Chloe Rempel Sent: Wednesday, July 17, 2019 4:12 PM To: Bob Choate Cc: Esther Gesick Subject: RE: Submission of Service Plans for Real Weld Metropolitan District and Platte River Metropolitan District Bob, CTB has a shared email where we save all correspondence from SDs, and I confirmed we did not receive it directly. It's likely C&R sent it inter-office. We process non-county created service plans as "pass- around-*discard" and county created service plans as items of communications. If the districts didn't identify that they were applications for proposed special districts, we would have processed them via the above procedures. Please let me know if I can be of any further assistance. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 . „" ter r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bob Choate Sent:Wednesday,July 17, 2019 4:01 PM To: CTB<CTB@co.weld.co.us> Subject: FW: Submission of Service Plans for Real Weld Metropolitan District and Platte River Metropolitan District Esther et. al., See below. Thanks, Bob Choate 1 Assistant Weld County Attorney ( 970 ) 400-4393 From : Bruce Barker Sent: Wednesday, July 17, 2019 3 : 54 PM To : Bob Choate < bchoate@weldgov . com > Subject : FW : Submission of Service Plans for Real Weld Metropolitan District and Platte River Metropolitan District Can you respond back to her and cite our application procedures? Thanks . Bruce T. Barker, Esq . Weld County Attorney P . O . Box 758 1150 " 0 " Street Greeley, CO 80632 ( 970 ) 356-4000, Ext . 4390 Fax : (970 ) 352-0242 sot g eatzelf)7r } t , r...: Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Dianne Miller < dmiller@ddmalaw . com > Sent : Wednesday, July 17, 2019 1 : 31 PM To : Bruce Barker < bbarker@weldgov . com > Subject : RE : Submission of Service Plans for Real Weld Metropolitan District and Platte River Metropolitan District This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe . Hi , Bruce : Just following up on the email I sent to you last week regarding the two new service plans we filed with the County . Please advise of status and next steps . Thank you ! Dianne D . Miller Miller & Associates Law Offices , LLC 1641 California Street, Suite 300 Denver CO 80202 dmiller@ddmalaw. com main : 303 285 5320 fax : 303 285 5330 cell : 303 564 4330 Please be advised that this email and any files transmitted with it may be confidential attorney-client communications or may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are 2 addressed . If you are not the intended recipient, please do not read , copy or retransmit this communication but destroy it immediately . Any unauthorized dissemination , distribution or copying of this communication is strictly prohibited . From : Dianne Miller Sent : Wednesday, July 10, 2019 1 : 48 PM To : ' Bruce Barker ( bbarker©co . weld . co . us)' Subject: Submission of Service Plans for Real Weld Metropolitan District and Platte River Metropolitan District Hello, Bruce : Our firm submitted to the clerk and recorder on June 27 two proposed new service plans : Real Weld Metropolitan District and Platte River Metropolitan District . Can you let me know the next step with your staff or other County staff on these service plans ? Thanks ! Dianne D . Miller Miller & Associates Law Offices , LLC 1641 California Street, Suite 300 Denver CO 80202 dmiller@ddmalaw. com main : 303 285 5320 fax: 303 285 5330 cell : 303 564 4330 Please be advised that this email and any files transmitted with it may be confidential attorney-client communications or may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are addressed . If you are not the intended recipient, please do not read , copy or retransmit this communication but destroy it immediately . Any unauthorized dissemination , distribution or copying of this communication is strictly prohibited . 3 SERVICE PLAN FOR PLATTE RIVER METROPOLITAN DISTRICT, WELD COUNTY, COLORADO Prepared by: Miller& Associates Law Offices, LLC 1641 California Street, Suite 300 Denver CO 80202 , 2019 RECEIVED JUN 282019 WELD COUNTY COMMISSIONERS TABLE OF CONTENTS I. INTRODUCTION 1 A.Purpose and Intent I B.Need for the District 1 C.Objective of the County Regarding District's Service Plan 1 II. DEFINITIONS 2 III. BOUNDARIES 4 IV. PROPOSED LAND USE AND ASSESSED VALUATION 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 4 A.Powers of the District and Service Plan Amendment 4 1. Operations and Maintenance Limitation 5 2. Construction Standards Limitation 5 3. Privately Placed Debt Limitation 5 4. Inclusion Limitation 5 5. Initial Debt Limitation 6 6. Total Debt Issuance Limitation 6 7. Monies from Other Governmental Sources 6 8. Consolidation Limitation 6 9. Eminent Domain Limitation 6 10. Service Plan Amendment Requirement 6 B. Primary Infrastructure Plan 7 VI. FINANCIAL PLAN 7 A.General 7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount 8 C. Maximum Debt Mill Levy 8 D.Maximum Debt Mill Levy Imposition Term 8 E.Debt Repayment Sources 9 F.Security for Debt 9 G.TABOR Compliance 9 H.District's Operating Costs 9 I. Elections 10 VII. ANNUAL REPORT 10 A.General 10 B. Reporting of Significant Events 10 VIII. DISSOLUTION 11 IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS 11 X. MATERIAL MODIFICATIONS 11 XI. CONCLUSION 12 LIST OF EXHIBITS EXHIBIT A Legal Descriptions EXHIBIT B Vicinity Map EXHIBIT C-1 Initial District Boundary Map EXHIBIT C-2 Inclusion Area Boundary Map EXHIBIT D Primary Infrastructure Plan EXHIBIT E Financial Plan I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County and, except as may otherwise be provided for by state or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated taxpayers and service users of the District. The purposes of the District will be: a) to finance the construction of Public Improvements and to provide water on a "wholesale" basis to other governments or entities that provide water to individual users, and b) to provide maintenance of the Public Improvements. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the County Code. B. Need for the District. There are currently no other governmental entities, including the County,that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C.Objective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District or from revenues received from government and other entities through intergovernmental agreements, or from fees, rates, tolls and charges imposed by the District or by other governments. Any Debt that is issued from tax revenues levied by the District is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The District anticipates it will provide for the Public Improvements associated with the Project and those regional improvements necessitated by the Project. Ongoing operational and maintenance activities are allowed, but only as specifically addressed in this Service Plan, and only to the extent that the District has sufficiently demonstrated that such operations and maintenance functions are in the best interest of the County and the existing and future taxpayers and service users of the District. In no case shall the mill levies imposed by the District for debt service and operations and maintenance functions exceed the Aggregate Mill Levy Cap. It is not the intent of the District to dissolve due to the complex and ongoing maintenance functions for the Public Improvements. The District shall be authorized to finance those Public Improvements that can be funded from: a) Debt to be repaid from tax revenues collected within the boundaries of the District from a mill levy which shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term, or b) revenues received by the District from other governments, or c) fees, rates, tolls and charges imposed by the District through intergovernmental agreements, or d) fees, rates, tolls and charges imposed directly by the District on property within its boundaries. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. However, the District is authorized to construct and acquire facilities without resort to financing and anticipates that it will construct and acquire Public Improvements utilizing both Debt,revenue financing and through direct payment. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Aggregate Mill Levy Cap means the maximum aggregate mill levy the District is permitted to impose for debt service and operations and maintenance, as set forth in Subsection VI.H below. Approved Development Plan means a development plan or other process established by the County (including but not limited to approval of a Planned Unit Development final plan or Subdivision final plat by the BOCC) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the County pursuant to the County Code and as amended pursuant to the County Code from time to time. Board means the Board of Directors of the District. BOCC means the Board of County Commissioners of the County of Weld,Colorado. Bond, Bonds or Debt means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy. County means the County of Weld, Colorado. County Code means the Weld County Code,as the same may be amended from time to time. District means the Platte River Metropolitan District. External Financial Advisor means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and(3)is not an officer or employee of the District. Financial Plan means a Financial Plan described in Section VI below which is prepared by an External Financial Advisor in accordance with the requirements of the County Code and describes: (a) how Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c)the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries means the boundaries of the area described in the Inclusion Area Boundary Map, if any. Inclusion Area Boundary Map means the map attached hereto as Exhibit C-2, describing the property proposed for inclusion within the District(if any) in the future. Initial District Boundaries means the boundaries of the area described in the Initial District Boundary Map. Initial District Boundary Map means the map attached hereto as Exhibit C-1, describing the District's initial boundaries. Maximum Debt Mill Levy means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Subsection VI.C below. Maximum Debt Mill Levy Imposition Term means the maximum term for imposition of a mill levy as set forth in Subsection VI.D below. Primary Infrastructure Plan means the Primary Infrastructure Plan described in Subsection V.B below, which includes a description of the Public Improvements to be developed by the District; and(b)an estimate of the cost of the Public Improvements. Project means water supply, water infrastructure and related, appurtenant non-water infrastructure to serve development. Public Improvements means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below to serve the future taxpayers and service users of the Service Area as determined by the Board of the District. Service Area means the property within the Initial District Boundary Map and the Inclusion Area Boundary Map. Service Area also includes all property subject to intergovernmental agreements between the District and other units of local government. Service Plan means this service plan for the District approved by the BOCC. Service Plan Amendment means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. Special District Act means Section 32-1-101 et seq.,C.R.S., as amended from time to time. State means the State of Colorado. Total Debt Issuance Limitation means the total Debt the District is authorized to issue, as set forth in Paragraph V.A.6 below and supported by a Financial Plan. III. BOUNDARIES The area of the Initial District Boundaries includes approximately 54 acres, and the total area proposed to be included in the Inclusion Area Boundaries is approximately 16,427.03 acres. A legal description of the Initial District Boundaries and the Inclusion Area Boundaries is attached hereto as Exhibit A. A map of the Initial District Boundaries is attached hereto as Exhibit C-1, and a map of the Inclusion Area Boundaries is attached hereto as Exhibit C-2. A vicinity map is attached hereto as Exhibit B. It is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401 et seq., C.R.S., and Section 32-1-501 et seq., C.R.S., subject to the limitations set forth in Article V below. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 16,481.03 acres of land. The current assessed valuation of the Service Area is assumed to be$887,060 for purposes of this Service Plan. Approval of this Service Plan by the County does not imply approval of the development of a specific area within the District, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings which may be identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS,IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements within and without the boundaries of the District as such power and authority are described in the Special District Act, and other applicable statutes, common law and the State Constitution, subject to the limitations set forth herein. If, after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act, no such powers shall be available to or exercised by the District unless the District publishes forty-five-day notice and provides written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If,within forty-five(45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed exercise of such new or broader powers, then the exercise of the same by the District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 1. Construction standards limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications all governmental entities having proper jurisdiction,as applicable. The District will obtain all applicable permits for construction and installation of Public Improvements prior to performing such work. 3. Privately placed debt limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are[I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that(1)the net effective interest rate(calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current[tax-exempt] [taxable] interest rate,using criteria deemed appropriate by us[me]and based upon our [my] analysis of comparable high yield securities; and (2) the structure of[insert the designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4. Inclusion limitation. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC. Inclusions or exclusions not described in this Service Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1- 207(2), C.R.S. 5. Reserved. 6. Total debt issuance limitation. The District shall not issue Debt in excess of $200,000,000. To the extent the District seeks to modify the Total Debt Issuance Limitation, it shall proceed in accordance with Subsection 2-14-20.I of the County Code. 7. Monies from other governmental sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 8. Consolidation limitation. The District shall not file a request with any court to consolidate with another Title 32 district without the prior written consent of the County. 9. Eminent domain limitation. The District shall not exercise its statutory power of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with state law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2),C.R.S. 10. Service Plan amendment requirement. This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate development needs for the Project. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan. Any action of the District which: (1)violates the limitations set forth in Paragraphs V.A.1-9 above; or(2) violates the limitations set forth in Subsections VI.B— H below, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan. B. Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation,relocation,redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District. The Primary Infrastructure Plan, including: (1) a description of the Public Improvements to be developed by the District; and (2) an estimate of the cost of the Public Improvements is attached hereto as Exhibit D. As shown in the Primary Infrastructure Plan,the estimated cost of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District will be dependent on the design of the Public Infrastructure with the users thereof. The District shall be permitted to allocate costs between such categories of the Public Improvements as deemed necessary in its discretion. All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of all government entities having jurisdiction shall be in accordance with the requirements of the Approved Development Plan, if any. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the requirements of other government entities having jurisdiction and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan, as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then-current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit D assume construction to applicable local,state or federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties or charges as provided in Section 32-1-1001(1), C.R.S. The Total Debt Issuance Limitation is supported by the Financial Plan prepared by RBC Capital Markets, attached hereto as Exhibit E. The Financial Plan attached to this Service Plan satisfies the requirements of Subsection 2-14-20.I of the County Code. In addition to Debt financing, the District anticipates that it may issue revenue bonds from revenues which are not received from the imposition of a property tax within the District's boundaries. Revenue bonds do not constitute debt under this Service Plan or state law. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt or revenue financing is expected to be the market rate at the time of issuance. In the event of a default, the proposed maximum interest rate on any Debt or revenue issuance is not expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be five percent(5%). Debt or revenue financing, when issued, will comply with all relevant requirements of this Service Plan, state law and federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be fifty (50) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith(such determination to be binding and final) so that,to the extent possible,the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101,C.R.S.,and all other requirements of state law. D. Maximum Debt Mill Levy Imposition Term. Within its boundaries,the District shall not impose a levy for repayment of any and all Debt(or use the proceeds of any mill levy for repayment of Debt) on any property which exceeds thirty (30) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are property owners of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101 et seq.,C.R.S. The District shall be limited to issuing new Debt within a period of fifteen(15)years from the date of the District's first debt authorization election. The District may issue Debt after the fifteen-year period in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all debt within the fifteen-year period. E. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a source of revenue for repayment of debt service and for operations and maintenance. The District may also rely upon various other revenue sources authorized by law. At the District's discretion,these may include the power to assess fees, rates, tolls, penalties or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy. F.Security for Debt. The District shall not pledge any revenue or property of the County as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the County of payment of any of the District's obligations;nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the County in the event of default by the District in the payment of any such obligation. G. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, the District may set up other qualifying entities to manage, fund, construct and operate facilities, services and programs. To the extent allowed by law, any entity created by the District will remain under the control of the District's Board. H. District's Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, are anticipated to be$50,000.00,which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements,the District will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year's operating budget is estimated to be $50,000.00, which is anticipated to be derived from property taxes and other revenues. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users. The Aggregate Mill Levy Cap shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt and operations and maintenance functions, and shall be sixty-five (65) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit,cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible,the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. Although the operations and maintenance mill levy imposed by the District may exceed fifteen(15)mills as part of the Aggregate Mill Levy Cap,the debt service mill levy may not exceed the Maximum Debt Mill Levy. I. Elections. The District will call an election on the questions of organizing the District, electing the initial Board and setting in place the proposed financial structure as required by TABOR. The election will be conducted as provided in the Uniform Election Code of 1992, the Municipal Election Code and TABOR. At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. VII. ANNUAL REPORT A.General. The District shall be responsible for submitting an annual report with the County Clerk not later than March 1 of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County,Colorado. B.Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the prior year. 3. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 4. A summary of any litigation which involves the District Public Improvements as of December 31 of the prior year. 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. 8. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statement, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished,the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution,in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt and other financial obligations as required pursuant to state statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan (Long-Term District Obligations), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long-Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long-Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. IX.PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS All such agreements must be for facilities, services and agreements lawfully authorized to be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a), and Sections 29-1-201 et seq., C.R.S. To the extent practicable, the District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements may also be executed with property owner associations and other service providers. Any agreements which are required, or known at the time of formation of the District to likely be required, to fulfill the purposes of the District, must be described in this Service Plan, along with supporting rationale. Execution of intergovernmental or extraterritorial agreements by the District that are not described in this Service Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b),C.R.S. If, within forty-five(45)days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed agreements,then the entry into said agreements without the prior written approval of the BOCC shall be considered a material modification of this Service Plan and shall be resolved only in accordance with Section 32-1-207(2), C.R.S. X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1- 207, C.R.S. All modifications to the written provisions of this Service Plan, whether deemed material or otherwise, must be approved by the County prior to becoming effective, and the District shall not be permitted to unilaterally make such modifications. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination as aforesaid will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207,C.R.S. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), C.R.S.,establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 6. The facility and service standards of the District are compatible with the facility and service standards of the County and each municipality which is an interested party under Section 32-1-204(1),C.R.S.; 7. The proposal is in substantial compliance the County's Master Plan adopted pursuant to Section 30-28-106,C.R.S.; 8. The proposal is in compliance with any duly adopted County,regional or state long-range water quality management plan for the area; 9. The creation of the District is in the best interests of the area proposed to be served; and 10. The creation of the District is in the best interests of the residents and future residents of the area proposed to be served. XII. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado. EXHIBIT A LEGAL DESCRIPTIONS INITIAL BOUNDARIES LEGAL DESCRIPTION COMMENCING AT A POINT, SAID POINT BEING THE EAST QUARTER SECTION OF SECTION 15TOWNSHIP 1 NORTH RANGE 66W OF THE 6TH PM,AS MONUMENTED BY A 2 1/2"ALUMINUM CAP AND STAMPED LS 19585, THENCE S89°34`00"W,A DISTANCE OF 30 FEET TO THE POINT OF TRUE BEGINNING THENCE S0°01'34"W,A DISTANCE OF 637.70 FEET,ALONG THE EAST LINE OF SAID SECTION 15 TO A POINT DEPARTING SAID EAST LINE AT THE SOUTH PROPERTY LINE, THENCE N90°00'00"W,A DISTANCE OF 3,890.24 FEET ALONG THE SOUTH PROPERTY LINE TO THE CENTER LINE OFTHE BRIGHTON LATERAL DITCH, DEPARTING SAID SOUTH LINE AND FOLLOWIGN THE CENTER OF THE BRIGHTON LATERAT.DITCH ALONG THE FOLLOWING 9 COURSES THENCE N09°31'55"E,A DISTANCE OF 68.79 FEET; THENCE N19°46'15"E,A DISTANCE OF 52.31 FEET; THENCE N31°05'S0"E,A DISTANCE OF 131.85 FEET,THENCE N24-30'40"E,A DISTANCE OF 57.97 FEET;THENCE NI$'19158"E,A DISTANCE OF 63.63 FEET;THENCE N15°28'41"E,A DISTANCE OF 11940 FEET;THENCE N16°59'14"E,A DISTANCE. OF 65.96 FEET;THENCE N17°14'57"E,A DISTANCE OF 91.71 FEET;THENCE N42°49'49""W,A DISTANCE OF 1.35I-EE1; TO A POINT ON THE QUARIE1t SECTION LINE OF SAID SECTION 15,TI TAT POINT ALSO THE NORTHWEST CORNER OF THE PARCEL. DEPARTING THE CENTER OF THE BRIGHTON LATERAL DITCH AND FOLLOWING QUARTER SECTION LINE OF SAID SECTION 15 'THENCE ALONG THE NORTH BOUNDARY OF SAID PARCEL N89"33'40"E,A DISTANCE OF 1,049.11 FEET; THENCE N89°34'00"E,A DISTANCE OF 2,622.87 FEET TO THE POINT OF BEGINNING CONTAINING 2,353,703 SQUARE FEET OR 54.03 ACRES,MORE OR LESS. INCLUSION BOUNDARIES LEGAL DESCRIPTION A parcel of land situated in the East 1/2 of Section 34, Township 2 North, Range 66 West of the 6th P.M.,being more particularly described as follows: Basis of bearing: The West line of the Northeast 1/1 of said Sectidn being monumented at the North 1/.i by a No. 6 Rebar with a 3 1/.i" aluminum cap stamped "JR ENG - PLS 13258" and at the center 1/.i by a No. 5 rebar with a 2" aluminum cap stamped "Alpha ENGRG-LS 25937" said line assumed to bear No 1 th 00°15'06" East. Commencing at the center of said Section 34; thence South 89°50'41" East along the North line of the Southeast 1/4, a distance of 1329.95 feet to the East center 1116th corner; thence South 00°13'43" West along the East line of the West 1 2 of the Southeast 14, a distance of2642.14 feet to a point 30.00 feet North of the South line of the Southeast 1/4; thence North 89°32'14" West along a line 30.00 feet North of and parallel with the South line of the Southeast %, a distance of 1331.02 feet to a point on the West line of the West 1/2 of the East V2 of Section 34; thence North 00°15'06" East along the West line of the West lh of the East 1/2 of said section a distance of 2635.00 feet to the point of beginning, County of Weld, State of Colorado. Known as vacant land, Ft Lupton, CO and identified as assessor's Parcel No. R0918101 Lot D, recorded exemption no. 1057-30-3 RECX14-0051, recorded October 15, 2014 as reception No. 4054276, being a part of the southwest 1/4 section 30, township 4 north, ranch 66 west of the 6th P.M., County of Weld, State of Colorado. **** PARCEL ONE OF THAT WELD COUNTY PROPERTY COMMENCING AT THE SOUTHWEST CORNER OF SECTION 26; , TOWNSHIP 4 NORTH, RANGE 67 WEST; THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 1,239.81 FEET TO THE POINT OF BEGINNING OF PARCEL ONE: THENCE N0°04'4TE ALONG SAID WEST LINE. A DISTANCE OF 1.400.95 FEET TO THE WEST QUARTER OF SAID SECTION 26 AS MONUMENTED BY A 2 Yi" ALUMINUM CAP ••PLA 28656"; THENCE N0°02"39"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 2,605.02 FEET TO A POINT LYING 36.04 FEET SOUTHERLY ALONG SAID LINE FROM THE NORTHWEST CORNER OF SAID SECTION 26, AS MONUMENTED BY A 3" ALUMINUM CAP ••PLS 25619"; THENCE EASTERLY ALONG AN EXISTING FENCE LINE. THE FOLLOWING 6 COURSES: I. THENCE S80°46' 14"E, A DISTANCE OF 33.08 FEET: 2. THENCE $67°58'39"E, A DISTANCE OF 1,036.08 FEET; 3. THENCE S87°1 1 '27"E, A DISTANCE OF 676.32 FEET; 4. THENCE S55°02'3 1 "E, A DISTANCE OF 168.79 FEET; 5. THENCE $65°42'32"E, A DISTANCE OF 245.15 FEET; 6. THENCE S72°07'53"E, A DISTANCE OF 893.32 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO. 2170560, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY THE FOLLOWING 6 COURSES: 1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S48°32'02"W. A DISTANCE OF 336.00 FEET. SAID CURVE HAYING A CENTRAL ANGLE OF 3°23'38", A RADIUS OF 5673.31 FEET AND AN ARC LENGTH OF 336.05 FEET TO A POINT OF TANGENCY: 2. THENCE S50°13'51..W ALONG SAID TANGENT,fl DISTANCE OF 1.229.86 FEET TO A POINT OF CURVE; 3. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S42°32'21"W, A DISTANCE OF 538.01 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 15°23'00", A RADIUS OF 2009.86 FEET AND AN ARC LENGTH OF 539.63 FEET TO A POINT OF TANGENCY; 4. THENCE 534°50'5I"W ALONG SAID TANGENT, A DISTANCE OF 666.20 FEET TO A POINT OF CURVE; 5. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S37°35'15"W, A DISTANCE OF 544.24 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 5°32'30", A RADIUS OF 5629.28 FEET AND AN ARC LENGTH OF 544.46 FEET TO A POINT OF TANGENCY; 6. THENCE S40°10'14"W ALONG SAID TANGENT, A DISTANCE OF 947.41 FEET TO THE POINT OF BEGINNING OF PARCEL ONE. PARCEL TWO OF THAT WELD COUNTY PROPERTY BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST; THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 929.26 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO. 2170560, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO: THENCE ALONG SAID SOUTI-IEASTERLY RIGHT OF WAY LINE THE FOLLOWING 7 COURSES: 1. THENCE N40°1 O' 14'.E, A DISTANCE OF 1,185.00 FEET TO A POINT OF CURVE; 2. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N37°35.06'-E. A DISTA CE OF 562.82 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 5°32'0r.A RADIUS OF 5829.20 FEET AND AN ARC LENGTH OF 563.04 FEET TO A POINT OF TANGENCY; 3. THENCE N34°50'51"E ALONG SAID TANGENT, A DISTANCE OF 666.20 FEET TO A POINT OF CURVE; 4. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS N42°32'2 1"E, A DISTANCE OF 484.47 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 15°23'00", A RADIUS OF 1809.86 FEET AND AN ARC LENGTH OF 485.93 FEET TO A POINT OF TANGENCY; 5. THENCE N50°13'51"E ALONG SAID TANGENT, A DISTANCE OF 1,229.86 FEET TO A POINT OF CURVE; 6. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N43°22'51"E, A DISTANCE OF 1401.03 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 13°42'00", A RADIUS OF 5873.31 FEET AND AN ARC LENGTH OF 1404.38 FEET TO A POINT OF TANGENCY; 7. THENCE N36°3 1.51"E ALONG SAID TANGENT. A DISTANCE OF 2,519.41 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S00°49' I 5"E ALONG SAID EAST LINE, A DISTANCE OF 1 ,869.42 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26, AS MONUMENTED BY A 3 1/4" ALUMINUM CAP "PLS 16154", THENCE S00°30'21"W ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2,535.55 FEET TO THE EAST QUARTER CORNER OF SECTION 26, AS MONUMENTED BY A 2" ALUMINUM CAP "PLS 12374", THENCE S00°15'58"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 711.99 FEET TO A POINT LYING ON THE NORTHERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN BOOK I 18 AT PAGE 498, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO; THENCE ALONG SAID NORTHERLY.WESTERLY AND SOUTHWESTERLY LINES OF SAID WESTERN MUTUAL DITCH THE FOLLOWING 19 COURSES: I. THENCE N82°24'42"W, A DISTANCE OF 210.93 FEET TO A POINT OF CURVE; 2. THENCE ALONG THE ARC OF A TANGENT CURVE TO Ti IE LEFT WHOSE CHORD BEARS S53°2 1 'OTW, A DISTANCE OF 634.85 FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 88°28'3 I", A RADIUS Or 455.00 FEET AND AN ARC LENGTH OF 702.60 FEET TO A POINT OF TANGENCY; 3. THENCE S09°06'4T'W ALONG SAID TANGENT, A DISTANCE OF 862.16 FEET TO A POINT OF CURVE; 4. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS Sl5°37'56"E, A DISTANCE OF 257.01 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 49°29'26", A RADIUS OF 307.00 FEET AND AN ARC LENGTH OF 265.18 FEET TO A POINT OF TANGENCY; 5. THENCE S40°22'39"E ALONG SAID TANGENT A DISTANCE OF 39.74 FEET TO A POINT OF CURVE; 6. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S14°38'38"E, A DISTANCE OF 225.78 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 51°28'03", A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 233.55 FEET TO A POINT OF TANGENCY; 7. THENCE SI 10 05'23"W ALONG SAID TANGENT, A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; 8. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S19°20'04"W. A DISTANCE OF 160.60 FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 16°29'20"'. A RADIUS OF 560.00 FEET AND AN ARC LENGTH OF 161.16 FEET TO A POINT OF REVERSE CURVE; 9. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S2°30'08"E, A DISTANCE OF 501.23 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 60°09'44", A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF 525.01 FEET TO A POINT OF TANGENCY; 10. THENCE S32°35'00"E ALONG SAID TANGENT, A DISTANCE OF 300.25 FEET TO A POINT OF CURVE; 11. THENCE ALONG THE ARC OF A TANGENT CUR.VE TO THE LEFT WHOSE CHORD BEARS S45°05'25"E, A DISTANCE OF 346.49 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 25°00'48", A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 349.25 FEET TO A POINT OF TANGENCY; 12. THENCE S57°35'48"E ALONG SAID TANGENT, A DISTANCE OF 371.71 FEET TO A POINT OF CURVE; 13. THENCE ALONG THE ARC OFA TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S31°23'1 T'E, A DISTANCE OF 273.82 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 52°25'04", A RADIUS OF 310.00 FEET AND AN ARC LENGTH OF 283.61 FEET TO A POINT OF TANGENCY; 14. THENCE S05°I0'44"E ALONG SAID TANGENT, A DISTANCE OF 64.90 FEET TO A POINT THAT LIES ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; 15. THENCE S00°33'43"E ALONG SAID EAST LINE 102.29 FEET TO A POINT OF CURVE; 16. THENCE DEPARTING FROM SAID EAST LINE AND ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S23°52'35"W, A DISTANCE OF 131.06 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 29°11 '45", A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 132.49 FEET TO A POINT OF TANGENCY; 17. THENCE S38°28'27"W ALONG SAID TANGENT, A DISTANCE OF 300.18 FEET TO A POINT OF CURVE; 18. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S24°53'48"W, A DISTANCE OF 206.59 FEET, SAID CURVE HAYING A CENTRAL ANGLE OF 27°09'20.., A RADIUS OF 440.00 FEET AND AN ARC LENGTH OF 208.54 FEET TO A POINT OF TANGENCY: 19. THENCE SI 10 19'OT' W ALONG SAID TANGENT A DISTANCE OF 21.13 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 35: THENCE S89°3 1 '02"E ALONG SAID NORTH LINE, 336.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35. AS MONUMENTED BY A 3 W' ALUMINUM CAP "LS 7242"; THENCE S00°33'39"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 35, A DISTANCE OF 1354.93 FEET TO A POINT LYING 1289.36 FEET NORTHERLY ALONG SAID EAST LINE FROM THE NORTHEAST CORNER OF SAID SECTION 2. AS MONUMENTED BY A 3 W'ALUMINUM CAP"' LS 7242"; THENCE DEPARTING SAID LINE, ALONG THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 4119522 RECORDED AT THE WELD COUNTY OFFICE OF THE CLERK AND RECORDER, THE FOLLOWING 4 COURSES: 1. THENCE S89°13'07"W. A DISTANCE OF 2152.95 FEET; 2. THENCE N85°18'43'•w. A DISTANCE OF 590.70 FEET; 3. THENCE S82°1TOo'•w, A DISTANCE OF 558.27 FEET; 4. THENCE S89°1 1 '44'•w. A DISTANCE OF 616.08 FEET DEPARTING SAID LINE TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE N00°50'02"W ALONG SAID EAST LINE, A DISTANCE OF 140.40 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SAID SECTION 35, AS MONUMENTED BY A 1 Yi"PLASTIC CAP "'PLS 38026"; THENCE N89°21.55••w ALONG THE NORTH LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35. A DISTANCE OF 1.304.48 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35, AS MONUMENTED BY A I Yi" ALUMINUM CAP ••LS 17658"; THENCE N00°54' 1 O"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35 A DISTANCE OF 614.44 FEET TO A POINT ON THE NORTHEASTERLY LINE OF TI-IAT PARCEL DESCRIBED AT RECEPTION NO. 2444383, AS RECORDED WITH THE CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO. AS MONUMENTED BY A I Yi"PLASTIC CAP "PLS 38026": THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 11 COURSES: I. THENCE N86°51 '43"W, A DISTANCE OF 105.15 FEET; 2. THENCE S76°54' 1 7"W, A DISTANCE OF 44.75 FEET; 3. THENCE N70°02'40"W, A DISTANCE OF 109.47 FEET; 4. THENCE N67°16'18"W, A DISTANCE OF 303.13 FEET; 5. THENCE N48°02'22"W, A DISTANCE OF 125.58 FEET; 6. THENCE N00°5 1 '32"W, A DISTANCE OF 46.60 FEET; 7. THENCE N65°20'52"W, A DISTANCE OF 251.73 FEET; 8. THENCE N61°28.32"W, A DISTANCE OF 87.00 FEET; 9. THENCE N69°19' I 2"W, A DISTANCE OF 197.35 FEET: 10. THENCE N46°0T 13"W, A DISTANCE OF 224.78 FEET; 11. THENCE N25°07'24..W. A DISTANCE OF 69.65 FEET TO T1 IE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, AS MONUMENTED BY A Yi"PLASTIC CAP ••LS 17658", THENCE N00°56'51"W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 A DISTANCE OF 1,310.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE S89°01 '58"E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 1,296.44 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, AS MONUMENTED BY A 1 Yi" PLASTIC CAP ••LS 17658", THENCE N0°56'04"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35. A DISTANCE OF 1,308.95 FEET TO THE POINT OF BEGINNING; THE BASIS OF BEARINGS FOR THESE LEGAL DESCRIPTIONS IS BETWEEN THE FOUND MONUMENTS ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26. THE BEARING OF SAID LINE IS N0°04'4rW. EXCEPTING THEREFROM. A PARCEL OF LAND SITUATED IN THE SOUTH EAST QUARTER OF SAID SECTION 26. TOWNSHIP 4 NORTH. RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING THE FORT ST. VRAIN MONUMENT SITE AS DESCRIBED IN BOOK 1341 AT PAGE 177. SAID RECORDS OF WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A RECTANGULAR PARCEL OF LAND 106 FEET WIDE AND 127 FEET LONG, MARKED AT THE CORNERS WITH CONCRETE BLOCKS, BEING THE SITE OF OLD ••FORT ST. VRAIN", AS SHOWN ON THE PLAT OF THE TOWN OF FORT ST. VRAIN (NOW VACATED), AND BEING ON A PARCEL OF LAND SHOWN ON SAID PLAT BORDERED ON THE NORTH BY ROUBIDOUX AVENUE, ON THE EAST BY CERAN PLACE, ON THE SOUTH BY SARPEY AVENUE AND ON THE WEST BY KIOWA STREET, AND, AT THE APPROXIMATE CENTER OF WHICH IS SITUATE 'FORT ST. VRAIN MONUMENT", ERECTED IN THE YEAR 1911 BY CENTENNIAL STATE CHAPTER, DAUGHTERS OF THE AMERICAN REVOLUTION, AND BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., THE PLAT OF FORT ST. VRAIN BEING ON FILE IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF WELD COUNTY, COLORADO; AND ALSO EXCEPTING THAT PORTION CONVEYED TO PUBLIC SERVICE COMPANY IN DEED RECORDED OCTOBER 21, 1925 IN BOOK 772 AT PAGE 204, SAID RECORDS OF WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. AT ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILROAD, AS NOW CONSTRUCTED AND OPERATED, SAID POINT BEING NORTH 89°23' WEST 1878 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 26; RUNNING THENCE NORTH 3°01' WEST 722.6 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE PLACE OF BEGINNING, RUNNING THENCE NORTH 3°01' WEST 47.5 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 86°59' EAST 50 FEET; THENCE SOUTH 3°01' EAST 47.5 FEET; THENCE SOUTH 86°59' WEST 50 FEET TO THE PLACE OF BEGINNING, ALSO COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., AT ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILROAD, AS NOW CONSTRUCTED AND OPERATED, SAID POINT BEING NORTH 89°23' WEST 1878 FEET FROM THE SOUTI IEAST CORNER OF SAID SECTION 26; THENCE NORTH 3°01' WEST 991.4 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 86°59' EAST 187.6 FEET TO THE PLACp OF BEGINNING, RUNNING THENCE SOUTH 74°34' EAST 75 FEET; THENCE SOUTH 15°26' WEST 100 FEET; THENCE NORTH 74°34' WEST 75 FEET; THENCE NORTH 15°26' EAST 100 FEET TO THE PLACE OF BEGINNING. THE NORTH SIDE OF THE ABOVE DESCRIBED TRACT OF LAND IS ADJACENT TO THE SOUTH SIDE OF THE RUINS OF FT. SAINT VRAIN AS SAID RUINS ARE NOW MARKED WITH CORNER MONUMENTS. Lots 1 —39, all inclusive, Central Weld Land Survey Plat, recorded in the Weld County Clerk and Recorder's Office at Reception No. 4093867, County of Weld, State of Colorado. **** LOCATED IN THE SOUTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO A PORTION OF LOT 1, AMENDED RECORDED EXEMPTION NO. 1473-29-4- AMRE-412 RECORDED JANUARY 14, 2003 AT RECEPTION NO. 3023607 IN THE RECORDS OF WELD COUNTY AND A PORTION OF PARCEL A, RECORDED EXEMPTION 1473-29-4 RE 411 RECORDED SEPTEMBER 11, 1979 AT RECEPTION NO. 1802825 IN THE RECORDS OF WELD COUNTY, LOCATED IN THE SOUTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 00"22'57" EAST, A DISTANCE OF 2650.67 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 29, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE SOUTH 67"13'11" WEST, A DISTANCE OF 1707.28 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE SOUTH 22"40'38" WEST, A DISTANCE OF 64.30 FEET; THENCE SOUTH 13"28'24" WEST, A DISTANCE OF 988.72 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 160.00', AN ARC LENGTH OF 53.97 FEET, AN INCLUDED ANGLE OF 19"19'37", BEING SUBTENDED BY A CHORD BEARING SOUTH 03"48'35" WEST, A DISTANCE OF 53. 72 FEET; THENCE SOUTH 05"51'13" EAST, A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 70.47 FEET, AN INCLUDED ANGLE OF 40"22'37", BEING SUBTENDED BY A CHORD BEARING SOUTH 26"02'31" EAST, A DISTANCE OF 69.02 FEET; THENCE SOUTH 46"13'50" EAST, A DISTANCE OF 554.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 43.88 FEET, AN INCLUDED ANGLE OF 45"42'57", BEING SUBTENDED BY A CHORD BEARING SOUTH 23"2T21" EAST, A DISTANCE OF 42. 73 FEET; THENCE SOUTH 00"30'53" EAST, A DISTANCE OF 321.12 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD NO. 4; THENCE ALONG SAID NORTH LINE SOUTH 89"29'07" WEST, A DISTANCE OF 1272.32 FEET; THENCE SOUTH 00"01'18" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL A; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL A THE FOLLOWING THREE COURSES; SOUTH 89"41'25" WEST, A DISTANCE OF 492.05 FEET; THENCE NORTH 29"53'38" WEST, A DISTANCE OF 352.11 FEET; THENCE SOUTH 89"41'36" WEST A DISTANCE OF 1530.19 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE ALONG SAID EAST RIGHT-OF-WAY THE FOLLOWING TEN COURSES;NORTH 18"26'33" EAST, A DISTANCE OF 412.52 FEET; THENCE NORTH 27"55'03" EAST, A DISTANCE OF 234.01 FEET; THENCE SOUTH 89"29'13" WEST, A DISTANCE OF 73.99 FEET; THENCE NORTH 3 5 °3 11 0 6 " EAST, A DISTANCE OF 276.38 FEET; THENCE NORTH 85"11'3 5" EAST, A DISTANCE OF 417.02 FEET; THENCE SOUTH 87"28'36" EAST, A DISTANCE OF 70.55 FEET; THENCE NORTH 88"44'58" EAST, A DISTANCE OF 31.51 FEET; THENCE NORTH 01"11'36" WEST, A DISTANCE OF 191.89 FEET; THENCE NORTH 45"50'57" WEST, A DISTANCE OF 290.94 FEET; THENCE NORTH 35"31'06" EAST, A DISTANCE OF 502.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE DEPARTING SAID EAST RIGHT- OF-WAY AND ALONG THE NORTH LINE OF SAID LOT 1 NORTH 88"31'01" EAST, A DISTANCE OF 2346.11 FEET TO THE POINT OF BEGINNING. CONTAINING 5,047,323 SQ FT OR 115.87 ACRES MORE OR LESS. And A PORTION OF LOT 1, AMENDED RECORDED EXEMPTION NO. 1473-29-4-AMRE- 412 RECORDED JANUARY 14, 2003 AT RECEPTION NO. 3023607 IN THE RECORDS OF WELD COUNTY AND A PORTION OF PARCEL A, RECORDED EXEMPTION 1473-29-4 RE 411 RECORDED SEPTEMBER 11, 1979 AT RECEPTION NO. 1802825 IN THE RECORDS OF WELD COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 00°22'57" EAST, A DISTANCE OF 2650.67 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 29, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29, THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29 SOUTH 00°22'57" EAST, A DISTANCE OF 620.21 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00°22'57" EAST, A DISTANCE OF 2000.46 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD NO. 4; THENCE ALONG SAID NORTH LINE, SOUTH 89"29'07" WEST, A DISTANCE OF 1390.33 FEET; THENCE DEPARTING SAID NORTH LINE NORTH 00°30'53" WEST, A DISTANCE OF 321.12 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 55.00 FEET, AN ARC LENGTH 43.88 FEET, AN INCLUDED ANGLE OF 45°42'57", BEING SUBTENDED BY A CHORD BEARING NORTH 23°22'21" WEST, A DISTANCE OF 42.73 FEET; THENCE NORTH 46°13'50" WEST, A DISTANCE OF 554.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 70.47 FEET, AN INCLUDED ANGLE OF 40°22'37", BEING SUBTENDED BY A CHORD BEARING NORTH 26"02'31" WEST, A DISTANCE OF 69.02 FEET; THENCE NORTH 05°51'13" WEST, A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 160.00 FEET, AN ARC LENGTH OF 53.97 FEET, AN INCLUDED ANGLE OF 19°19'37", BEING SUBTENDED BY A CHORD BEARING NORTH 03°48'35" EAST, A DISTANCE OF 53.72 FEET; THENCE NORTH 13°28'24" EAST, A DISTANCE OF 988.72 FEET; THENCE NORTH 22°40'38" EAST, A DISTANCE OF 64.30 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE, NORTH 88°31'01" EAST, A DISTANCE OF 1578.77 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29, SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 3,272,156 SQ FT OR 75.12 ACRES MORE OR LESS. And A PARCEL OF LAND, LOCATED IN SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 0 0 °51 1 14" EAST, A DISTANCE OF 2645.80 FEET BETWEEN THE NORTHEAST CORNER AND EAST QUARTER CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG A LINE THAT BEARS SOUTH 7 4°331 46 " WEST, A DISTANCE OF 2551.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF OF THE EAST BURLINGTON DITCH, PER THAT PLAT RECORDED AT EXEMPTION NO. 1473-32-4 RE-4578 IN THE RECORDS OF WELD COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 04°24'01" EAST, A DISTANCE OF 108.55 FEET; THENCE NORTH 53°58'00" WEST, A DISTANCE OF 420.30 FEET; THENCE NORTH 35°031 26" WEST, A DISTANCE OF 113.05 FEET; THENCE NORTH 51 °5 3 1 2 4" WEST, A DISTANCE OF 329.77 FEET; THENCE NORTH 55.52'35" WEST, A DISTANCE OF 765.41 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1684.57 FEET, AN ARC LENGTH OF 581.58 FEET, AN INCLUDED ANGLE OF 19°46'51", BEING SUBTENDED BY A CHORD BEARING NORTH 41°38'55" WEST, A DISTANCE OF 578.70 FEET TO A POINT OF NON-TANGENT REVERSE CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 187.85 FEET, AN ARC LENGTH OF 125.74 FEET, AN INCLUDED ANGLE OF 38°21'09", BEING SUBTENDED BY A CHORD BEARING NORTH 47°21'42" WEST, A DISTANCE OF 123.41 FEET; THENCE NORTH 59 °0 8 1 3 5 " WEST, A DISTANCE OF 457.27 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 876.59 FEET, AN ARC LENGTH OF 442.76 FEET, AN INCLUDED ANGLE OF 28°56'24", BEING SUBTENDED BY A CHORD BEARING NORTH 57°42'15"' WEST, A DISTANCE OF 438.07 FEET; THENCE NORTH 39°48'02" WEST, A DISTANCE OF 449.76 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 76; THENCE A DISTANCE OF 478.60 FEET; THENCE NORTH 89°37'00" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 81°051 15" EAST, A DISTANCE OF 606.70 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY, NORTH 0 0 °2 3 1 0 0 " WEST, A DISTANCE OF 42.00 FEET TO A POINT ON THE NORTH LINE OF SECTION 32; THENCE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 89°41'25" EAST, A DISTANCE OF 1337.08 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 49 °3 9 1 0 8 " WEST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 28 °5 2 1 5 7 " WEST, A DISTANCE OF 194.39 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET, AN ARC LENGTH OF 96.88 FEET, AN INCLUDED ANGLE OF 48°15'56", BEING SUBTENDED BY A CHORD BEARING SOUTH 04°44'59" WEST, A DISTANCE OF 94.04 FEET; THENCE SOUTH 19 °2 2 1 5 9 " EAST, A DISTANCE OF 105.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 93.87 FEET, AN INCLUDED ANGLE OF 26°53'33", BEING SUBTENDED BY A CHORD BEARING SOUTH 05°56'13" EAST, A DISTANCE OF 93.01 FEET; THENCE SOUTH 07°30'33" WEST, A DISTANCE OF 335.78 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 144.79 FEET, AN INCLUDED ANGLE OF 41"28'46", BEING SUBTENDED BY A CHORD BEARING SOUTH 13°13'50" EAST, A DISTANCE OF 141.65; THENCE SOUTH 33°58'13" EAST, A DISTANCE OF 654.18 FEET; THENCE SOUTH 29°28'35" EAST, A DISTANCE OF 292.14 FEET; THENCE SOUTH 20°00'50" EAST, A DISTANCE OF 602.39 FEET; THENCE SOUTH 37°59'36" EAST, A DISTANCE OF 202.64 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 387.38 FEET, AN INCLUDED ANGLE OF 44°23'27", BEING SUBTENDED BY A CHORD BEARING SOUTH 09°29'08" EAST, A DISTANCE OF 377.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 88.31 FEET, AN INCLUDED ANGLE OF 25°17'52", BEING SUBTENDED BY A CHORD BEARING SOUTH 00°03'39" WEST, A DISTANCE OF 87.59 FEET; THENCE SOUTH 12°35'17" EAST, A DISTANCE OF 66.23 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.00 FEET, AN ARC LENGTH OF 87.12 FEET, AN INCLUDED ANGLE OF 17°12'41", BEING SUBTENDED BY A CHORD BEARING SOUTH 03°58'56" EAST, A DISTANCE OF 86.79 FEET; THENCE SOUTH 04°37'24" WEST, A DISTANCE OF 87.15 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 190.00 FEET, AN ARC LENGTH OF 365.91 FEET, AN INCLUDED ANGLE OF 110°20'38", BEING SUBTENDED BY A CHORD BEARING SOUTH 59.47.43" WEST, A DISTANCE OF 311.93 FEET; THENCE NORTH 65°01'58" WEST, A DISTANCE OF 74.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5,155,375 SQ FT OR 118.35 ACRES MORE OR LESS. And LOT A AND A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-32-1- RE2278 RECORDED AUGUST 25, 1998 AT RECEPTION NO. 2635491 IN THE RECORDS OF WELD COUNTY AND PORTIONS OF THE NORTH HALF OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 00"51'14" EAST, A DISTANCE OF 2645.80 FEET BETWEEN THE NORTHEAST CORNER AND EAST QUARTER CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 SOUTH 00"51'14" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 4, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00"51'14" EAST, A DISTANCE OF 2605.80 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER SOUTH 89"29'04" WEST, A DISTANCE OF 2133.71 FEET TO A POINT OF CURVATURE; THENCE DEPARTING SAID SOUTH LINE ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 177.17 FEET, AN INCLUDED ANGLE OF 20"18'06", BEING SUBTENDED BY A CHORD BEARING NORTH 21"31' 48" WEST, A DISTANCE OF 176.24 FEET; THENCE NORTH 37"59'36" WEST, A DISTANCE OF 202.64 FEET; THENCE NORTH 20"00'50" WEST, A DISTANCE OF 602.39 FEET; THENCE NORTH 29"28'35" WEST, A DISTANCE OF 292.14 FEET; THENCE NORTH 33"58'13" WEST, A DISTANCE OF 654.18 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 144.79 FEET, AN INCLUDED ANGLE OF 41"28'47", BEING SUBTENDED BY A CHORD BEARING NORTH 13"13'50" WEST, A DISTANCE OF 141.65 FEET; THENCE NORTH 07"30'33" EAST, A DISTANCE OF 335.78 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 93.87 FEET, AN INCLUDED ANGLE OF 26"53'33", BEING SUBTENDED BY A CHORD BEARING NORTH 05"56'13" WEST, A DISTANCE OF 93.01 FEET; THENCE NORTH 19"22'59" WEST, A DISTANCE OF 105.63 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET, AN ARC LENGTH OF 96.88 FEET, AN INCLUDED ANGLE OF 48"15'56", BEING SUBTENDED BY A CHORD BEARING NORTH 04.44'59" EAST, A DISTANCE OF 94.04 FEET; THENCE NORTH 28"52'57" EAST, A DISTANCE OF 194.39 FEET; THENCE NORTH 49"39'08" EAST, A DISTANCE OF 40.35 FEET; THENCE NORTH 89"41'25" EAST, A DISTANCE OF 237.12 FEET; THENCE SOUTH 01"02'16" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD NO. 4 THENCE ALONG SAID SOUTH RIGHT-OF-WAY,NORTH 89°29'07" EAST, A DISTANCE OF 2662.72 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 7,057,275 SQ FT OR 162.01 ACRES MORE OR LESS. And A PARCEL OF LAND, LOCATED IN SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 0 0 °51 1 14" EAST, A DISTANCE OF 2645.80 FEET BETWEEN THE NORTHEAST CORNER AND EAST QUARTER CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG A LINE THAT BEARS SOUTH 74°331 46 " WEST, A DISTANCE OF 2551.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF OF THE EAST BURLINGTON DITCH, PER THAT PLAT RECORDED AT EXEMPTION NO. 1473-32-4 RE-4578 IN THE RECORDS OF WELD COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 65°01'58" WEST, A DISTANCE OF 124.19 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF THE EAST BURLINGTON DITCH TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 190.35 FEET, AN INCLUDED ANGLE OF 121°10'58", BEING SUBTENDED BY A CHORD BEARING SOUTH 5 4°2 2 1 3 3 " WEST, A DISTANCE OF 156.81 FEET; THENCE SOUTH 06°121 5 6" EAST, A DISTANCE OF 135.53 FEET; THENCE SOUTH 89°32'04" WEST, A DISTANCE OF 2599.73 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, NORTH 01°10'26" WEST, A DISTANCE OF 1659.69 FEET TO THE EAST RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 76; THENCE DISTANCE OF 95.10 FEET; THENCE NORTH 10°14'18" EAST, A DISTANCE OF 23.22 FEET; THENCE DEPARTING SAID EAST RIGHT-OF- WAY LINE, SOUTH 39°48'02" EAST, A DISTANCE OF 449.76 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 876.59 FEET, AN ARC LENGTH OF 442.76 FEET, AN INCLUDED ANGLE OF 28°56'24", BEING SUBTENDED BY A CHORD BEARING SOUTH 57°42'15"' EAST, A DISTANCE OF 438.07 FEET; THENCE SOUTH 59°08'35" EAST, A DISTANCE OF 457.27 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 187.85 FEET, AN ARC LENGTH OF 125.74 FEET, AN INCLUDED ANGLE OF 38°21'09", BEING SUBTENDED BY A CHORD BEARING SOUTH 47°21'42"' EAST, A DISTANCE OF 123.41 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A NON- TANGENT REVERSE CURVE HAVING A RADIUS OF 1684.57 FEET, AN ARC LENGTH OF 581.58 FEET, AN INCLUDED ANGLE OF 19°46'51", BEING SUBTENDED BY A CHORD BEARING SOUTH 41°38'55" EAST, A DISTANCE OF 578.70 FEET; THENCE SOUTH 55°52'35" EAST, A DISTANCE OF 765.41 FEET; THENCE SOUTH 51°531 2 4" EAST, A DISTANCE OF 329.77 FEET; THENCE SOUTH 35°03'26" EAST, A DISTANCE OF 113.05 FEET; THENCE SOUTH 53°58'00" EAST, A DISTANCE OF 420.30 FEET; THENCE SOUTH 04°24'01" WEST, A DISTANCE OF 108.55 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BULL CANAL, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4,012,267 SQ FT OR 92.11 ACRES MORE OR LESS. And A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF SECTION 32, TOWNSHI P 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 00°51'04" EAST, A DISTANCE OF 2645.70 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 SOUTH 89°29'04" WEST, A DISTANCE OF 1478.92 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 203.95 FEET, AN ARC LENGTH OF 118.43 FEET, AN INCLUDED ANGLE OF 3 3°161 1O", BEING SUBTENDED BY A CHORD BEARING SOUTH 0 5 045 1 5 8 11 WEST, A DISTANCE OF 116.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 260.00 FEET, AN ARC LENGTH OF 113.27 FEET, AN INCLUDED ANGLE OF 2 4"5 71 4111 , BEING SUBTENDED BY A CHORD BEARING SOUTH 09°55'12" WEST, A DISTANCE OF 112.38 FEET; THENCE SOUTH 02.33'39" EAST, A DISTANCE OF 639.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET, AN ARC LENGTH OF 159.35 FEET, AN INCLUDED ANGLE OF 41°3 0 '0 5 11 , BEING SUBTENDED BY A CHORD BEARING SOUTH 23°18'41" EAST, A DISTANCE OF 155.89 FEET; THENCE SOUTH 44°03'44" EAST, A DISTANCE OF 224.39 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET, AN ARC LENGTH OF 411.49 FEET, AN INCLUDED ANGLE OF 73°40'38", BEING SUBTENDED BY A CHORD BEARING NORTH 07°13'25" WEST, A DISTANCE OF 383.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE HAVING A RADIUS OF 300.00 FEET, AN ARC LENGTH OF 156.22 FEET, AN INCLUDED ANGLE OF 29°501 11 11 , BEING SUBTENDED BY A CHORD BEARING SOUTH 14°41'48" WEST, A DISTANCE OF 154.46 FEET; THENCE SOUTH 00°13'17" EAST, A DISTANCE OF 611.75 FEET; THENCE SOUTH 05°29'01" WEST, A DISTANCE OF 304.64 FEET TO A POINT ON THE NORTH LINE OF THE 60 FOOT RIGHT-OF-WAY FOR 168TH AVENUE; THENCE ALONG SAID NORTH LINE OF 168TH AVENUE, SOUTH 89°25'43" WEST, A DISTANCE OF 762.41 FEET TO A POINT ON THE EAST LINE OF THE MOUNTAIN STATES LINE CONSTRUCTORS LOT A OF EXEMPTION NO. 1473-32-4 RE-4578 AS SHOWN IN THE RECORDS OF WELD COUNTY; THENCE CONTINUING ALONG SAID LOT A FOR THE FOLLOWING NINE (9) COURS ES; 1) NORTH 09°34'58" EAST, A DISTANCE OF 78.88 FEET; 2) NORTH 00°27'43" EAST, A DISTANCE OF 175.44 FEET TO A POINT OF CURVATURE; 3) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 411.78 FEET, AN ARC LENGTH OF 200.39 FEET, AN INCLUDED ANGLE OF 27°52'55"', BEING SUBTENDED BY A CHORD BEARING NORTH 13°22'25" WEST, A DISTANCE OF 198.42 FEET; 4)NORTH 27°16'46"' WEST, A DISTANCE OF 284.12 FEET; 5) NORTH 3 4°521 48 11 WEST, A DISTANCE OF 135.51 FEET; 6) NORTH 20°02'02" WEST, A DISTANCE OF 373.84 FEET; 7) NORTH 25.50'05" WEST, A DISTANCE OF 253.14 FEET TO A POINT OF CURVATURE; 8) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 308.65 FEET, AN ARC LENGTH OF 121.08 FEET, AN INCLUDED ANGLE OF 22°28'34", BEING SUBTENDED BY A CHORD BEARING NORTH 37°00'41" WEST, A DISTANCE OF 120.30 FEET; 9) NORTH 48"43'14" WEST, A DISTANCE OF 53.25 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 32; THEN CE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 32, NORTH 01°05'02" WEST, A DISTANCE OF 263.60 FEET; THENCE LEAVING THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 32, SOUTH 89"32'04" WEST, A DISTANCE OF 46.29 FEET; THENCE NORTH 06°12'56" WEST, A DISTANCE OF 135.53 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 90.00 FEET, AN ARC LENGTH OF 190.35 FEET, AN INCLUDED ANGLE OF 121°10'58", BEING SUBTENDED BY A CHORD BEARING NORTH 54°22'33" EAST, A DISTANCE OF 156.81 FEET; THENCE SOUTH 65°01'58" EAST, A DISTANCE OF 198.32 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 190.00 FEET, AN ARC LENGTH OF 365.91 FEET, AN INCLUDED ANGLE OF 110°20'38", BEING SUBTENDED BY A CHORD BEARING NORTH 59.47'43" EAST, A DISTANCE OF 311.93 FEET; THENCE NORTH 04°37'24" EAST, A DISTANCE OF 87.15 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 290.00 FEET, AN ARC LENGTH OF 87.12 FEET, AN INCLUDED ANGLE OF 17°12'41", BEING SUBTENDED BY A CHORD BEARING NORTH 03°58'56" WEST, A DISTANCE OF 86.79 FEET; THENCE NORTH 12"35'17" WEST, A DISTANCE OF 66.23 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 88.31 FEET, AN INCLUDED ANGLE OF 25°17'52", BEING SUBTENDED BY A CHORD BEARING NORTH 00.03'39" EAST, A DISTANCE OF 87.59 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 210.22 FEET, AN INCLUDED ANGLE OF 24°05'20", BEING SUBTENDED BY A CHORD BEARING NORTH 00.39'55" EAST, A DISTANCE OF 208.67 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG SAID NORTH LINE NORTH 89°29'04" EAST, A DISTANCE OF 654.78 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,476,172 SQ. FT OR 56.85 ACRES MORE OR LESS. And A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-32-4 RE-4578 RECORDED MARCH 15, 2007 AT RECEPTION NO. 3462194 IN THE RECORDS OF WELD COUNTY AND PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 TO BEAR SOUTH 00°51'04" EAST, A DISTANCE OF 2645.70 FEET BETWEEN THE EAST QUARTER CORNER AND SOUTHEAST CORNER OF SAID SECTION 32, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 SOUTH 00°51'04" EAST, A DISTANCE OF 2645.70 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89°25' 43" WEST, A DISTANCE OF 210.00 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00°51'04" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT B; THENCE ALONG THE SOUTH LINE OF SAID LOT B, SOUTH 89°25' 43" WEST, A DISTANCE OF 1110.25 FEET; THENCE DEPARTING SAID SOUTH LINE,NORTH 0 5 °29 1 0 1" EAST, A DISTANCE OF 304.64 FEET; THENCE NORTH 00 °13 1 17 " WEST, A DISTANCE OF 611.75 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, AN ARC LENGTH OF 156.22 FEET, AN INCLUDED ANGLE OF 29"50'11", BEING SUBTENDED BY A CHORD BEARING NORTH 14"41'48" EAST, A DISTANCE OF 154.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 320.00 FEET, AN ARC LENGTH OF 411.49 FEET, AN INCLUDED ANGLE OF 73°40'38", BEING SUBTENDED BY A CHORD BEARING NORTH 07°13'25" WEST, A DISTANCE OF 383.72 FEET; THENCE NORTH 4 4°0 3 1 4 4" WEST, A DISTANCE OF 224.39 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET, AN ARC LENGTH OF 159.35 FEET, AN INCLUDED ANGLE OF 41 °3 0 1 0 5 " , BEING SUBTENDED BY A CHORD BEARING NORTH 23 '181 4 1" WEST, A DISTANCE OF 155.89 FEET; THENCE NORTH 02"33'39" WEST, A DISTANCE OF 639.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 260.00 FEET, AN ARC LENGTH OF 113.27 FEET, AN INCLUDED ANGLE OF 24°57'41", BEING SUBTENDED BY A CHORD BEARING NORTH 09"55'12" EAST, A DISTANCE OF 112.38 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 203.95 FEET, AN ARC LENGTH OF 118.43 FEET, AN INCLUDED ANGLE OF 33"16'1O", BEING SUBTENDED BY A CHORD BEARING NORTH 05"45'58" EAST, A DISTANCE OF 116.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG SAID NORTH LINE, NORTH 89"29'04" EAST, A DISTANCE OF 1478.92 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32, SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 3,569,838 SQ FT OR 81.95 ACRES MORE OR LESS. *** That property recorded in the Weld County Clerk and Recorder's Office at Reception No. 096527200026-27, all inclusive, County of Weld, State of Colorado. Exhibit 13 Vicinity Map i ti .... l'i ggPi , . r 418 ta Itsommunit..4. ...4 16A. . • - ..--1 ._ „,„,„,,.. k . 4.. --40 .' r,, . y1 - __ Cenier Park j . - , 'r� ,4. 1 /Irt -- -- sir ..... ,-.ir . ,.1 , • i .�x I it., • 4 'l •,4 MCI ov• •A - J I 1 rwa. • . , i - ` t• •• • IS . ` +�� ♦♦ . Wil...... 1 y Ia J� . f • • .. •� 11 y C IaC r i Dic,.1 t i .,,: •i :.."... . ..;..... . . .. . , . .. . . , ... . ,. , th , . ,„ , . . . , • * . s „ , * . . . . + illkiL ..., -, j .1 - t • . Ma. Platte River /( • ,� Metropolitan District • AI ,, �' _ - E T I rt , . ....•4,... 1 .. it . _ , \i • , . ,„ ... II It- i• :if- — ‘tki .. *11-t i )loq'° • fir- -f - - - .o ;.., - �i a P1. : " ' h` ' �rt �. ' EXHIBIT C-1 INITIAL DISTRICT BOUNDARY MAP EXHIBIT C- 1 INITIAL. DISTRICT BOUNDARY MAP a i ALTA/ACSM LAND TITLE SURVEY i A 'ARCtL Q# :ANL• SI7LA1LU IN SEC.1(A% 15. I7WNSniP 1N• RANGL 66Y/ OF THE 6TH PM. COUNTY OF WELD,STATE OF COLORADO serge• ,►aaa•w !it al,ion` a na a net - y•+a�a���l"•a xm.sc• �o.a.•, �� ;tin: .asawa%•i v."a... Me Pa•• •:.� l..• 1 * r•� •as n .�aiifF/l� I Jae as alto a •.a.••a.('M^ - �+ 7 .w,1 w. as.-. ' A t, Maul ma _ MINOR •1 •R• •„r. •ty C O Y a I r • DAD ' I ate ^ „m 1 r va-..f 1 . T lb ' r' w a stirs i.F ,mow snot, I . 1.4 t .•a u a .• a w. t MOP •dIc e e w a :r ari •z D MID?Ca11R..1000.K'-•1 WWII! MAW Sea MD1• N, K Rk ire•. ra• no .. a %tit•v!••ere t• I •- ,.• ..OLP :Q Ra •aO i••rr.•••l Otte�1a ,N. 1 r 1 4 a alai Sir well •, •.a M . . . OF ,1-- Or -tab -r- - DDMMMeo aa+alr+, c1 • aWare t (101.011•00w-•...+-«.. i /1091,!1 ...!r., lit •.N A ,i '•1 sin 17 COM, — • aAM, WM •6M•] Cairn cowl ::....,.1�.� a•1'-�A,[ttea a.a••:•„• .1• Waal N e V k _rrw���.. . • - 'x•--- l• Pala 111.11 ]'!rm ion Ma i *NW nee elle a•rS sal. •• e,'wi.7 7I, ( 1'-- ` -. u00• .a b p r1 __ a a altar r-n ke.• -roil>sa•e•croa aAR VW RI a«QnMt • 'YfMIr •t,arr • -.NUN" n relit •a0 • I \O - ',•' • ••vrnt .tar Cleft l.a,air '-. A). aCa .:Dplift • r••a •' *Da • perm Ia. • f • .. AlPai•Jte IMO Oar lamb. •alrm t� e, I )MX RACE: I .a }, wart le • cep Q',�ta..•1•QI•Ya•F:astt7 • r f!..•7 f'11 A& i- 1 tiQ E1�it1 s l art tall, •r a �snore so� •7111 ACRES a a . "' ..` ..• - • Sala Spa • ••Boatel own .a.• ran plc all, at MY . • 7' ' =1,a• MO S.•••in *non -W NORM ROM;v , SNP O/ • ••ra y..•. VS. gry••••• COLA•• •w• r t •1.• • Oa, \ tins 'J yd \ , Ill{ •_ nos. -T 1 T �Af .... , AJI�l - 71a _i�: row Inc+ rat ra naa,••rr ern aaa•a•••� ara>tia \- _ art .•►.ww p-IcaN SED iE?*AFT KCFL y. as •r.I'hall se •1•061 saw -newt J,rialltA0FT awl..+•r r•+ �•.w•.av v 9•••• aeaea\ M "•_ 'f1 DS ACRa$ MY ire MI's ti.mss••ZO•ce A--r• f. is r flea. fatl 'Set :• err an ., a 1 r-.'••. ��� •. .! I . - a•relr-'.c a•W-•4 O�LYRMF O l�-r •. . •••••2.•'u,,,_er 0 , Y • • .• Cr-. • MO CO afille 4 • W . as MUM COSagar s" - Y I 140 fl 1 WIRE t - • OM L vc Mama 1a - Oa r of ww a • O� • nalt ow** yaw--•.w as 1 $ 1CDDU,•lolo• 40 l/•a,••••140.Darr aorta 4 eM•a CO •• E i • aa ..Am I,t^„oaz • * Wall•lan•a cons anti an C• AD.' t R O A D E 1 4• O10 anti Wei aI A A Sin L1a SNIP IlmifOuntea ••••w• •1�".� wee ! I, • a• 4�' .4JUu.- -- -� . 'm,•c•\ m -aaaa rna ••a • MrI'rt .�t•.w SURVEY SYSTEMS ENDER e6WEr Dac,Erm ,:,�- ------- y� !!•.t!ca .�- GM U1laa toad •n.■�-..r.+•.�. ,t TA AGSM UM MU SWAN ,r „ ... &1Si ----- '' •• . . row as m.a -•l,•nw v 101101Rn 11171 trarra ` .•rt a. "•'•' -. . . yam. •J•.a;sag.aew•a a.sr 'ea•,•alr./ w ar•..r-•w. les _ storm•ail•-�-•-�- y �a' *Ya•AR•�I>f•tar r � •••-aaa a-•as•••+.w• law r Mal t - -_-- _ re• �_-�- - --_ .. •ilea.!a.r•tetra _ Tail -Ilion - Sal - earl - u - .' EXHIBIT C-2 INCLUSION DISTRICT BOUNDARY MAP / ft I ! \''' .1'•aY 1 CV) (Lc rd14/ -... ./ _ i J l H f t N `, �I \ es , i tI, .-�� i l �IOId 'hanrcNli 3 • / ' I. - I\ a r_ _..,_‘P , /3 a rr h ; P i \..-'%.......Cr" ....ta 22, `. \?`v tai ta; • ` 4 `'� ©/�; ��e ji 0 • 'I Ca? , .......H--41 , ' it ) / ?' :1 c 1 1 fj___--/ N. ,r. 1 . _ / ....,--re / ♦tip \ `\ i (-� T,a. o " N .. . • . . _. .� ? _ `. \ ` / 1 .j,/ i , , : /t , , / .. %Ns\ . 2 f , _, ,,,,44...___ ____ . _______ . rif... ....,‘'‘._•, ) '?,,, P 40' a : 1 r - is two- I F 0 ,0 SOUTH BEEBE DRAW METRO DISTRICTg 4 i all 3soc V -0 CO a To � by ag i � .8 1 p , ; . N WELD COUNTY, COLORADO ` ; 9s� r f9,0 i a �� J � i X ', hC.'.'Cr -1,'2. ► . WELD COUNTY RED TIERRA SILVER PEAKS LLC think ONLINE MAPPING,kirs f 4g . -•^45- . 6 : int :et' ..t- - dilrlir), -a._ . - 9.4! , • espiiii . . i . oie:re:. . .a. , .. . , ...I _ it : . . . , ....,.... ‘ , pi ..." , . 7 ' ci 1 �. .., , Legend t ' ,- ` .{ a tali __ x • ► ~ . �►'' l �� r , s r Parcels , 19 - .11. ' ..--; i r 4 I Address Label y. 1 f � v:r 1 Highway Iiiiia _ , ' i ,.. _. (� Township / Range Va ' `a i•� Sr lit_ ..��. .» ._...�,r - - .�--�.._� _ ". r 411 ' Section `•) fifi �; ,.a c. + ' _ ib„ltt•' ,�,�••� — — +, i County Boundary % Creek / Canal - Large Scale f .4 �^,t, _� „..!....-.-.004..4•41, 'A + - Perennial i • M, a,; .i in t M. Intermittent Ir. .; r; .i,• �_ .....- _. . ' a Nf •,. if :. .. • ._ t.�. , • . � Ephemeral v _ _ -- Artificial Path �' • .e� i s 1 r '_ Canal Ditch ' •� 'P. .i g M`•. • :awr c ` I -� - ,r� tier ; + ii Coastline • i l . hi' it # Connector a? , 14 4, „ - AK_ -_ r, „ s.ai" il r i t _ Pipeline ,� ++' • i ,4 ' . ' 4 Underground Conduit >, !!11 _4r ag.h• �► �_ ,Q - - • River - Large Scale .r I �� f _ . .L ,+ . i w._,� q t 4b tr, ', 't . Z .: Complex Channels �. {`. ,1 .c i . Area of,.. , .- _ {1t: j t ,- •�' . 'ter if• - . 4 , .6 . [ 5. f s• r• �� o • ■ Area to be Submerged - , . . `' � ; v , � ,�: }t- b . ! , 446:} *•-w rf • ' sr,- `f ,, , • _ ► � ' i 's, I . } +. , ..0, l' l i' ill ,i, , 1 +1imil Baylnlet to `y " 1 /.. • _• F • _ ,. * . .4 • • $ wl� �• r iIl► • 1 I 114 1 t�i . , . [ It . 2+ l Bridge tit. ie, . ' Ij { I4i . LI :::rwit DamWeir• { II" ' 4 i4 . e .1'7 ..1 “, • . �►i: I - . r_ _ .... Flume i, ? , . • „a ! i - � i Foreshore 0. it s i1 i w wa , , 04 0 t 4 s `• .. , 1 P t Hazard Zone _ l • i"' .. • •a t i t • 'j I eal ., '• i. 1 : 13 405 0 ;: tiIr_ .' • . , ._ - -to , `, Notes L 2,234.2 0 1,117.12 2,234.2 Feet This map is a user generated static output from an Interne: mapp.-9 s.te and is for reference only Data layers that appear on this map may or may not be accurate, WGS_1984 Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. O Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION -Al" WELD COUNTY RED TIERRA EQUITIES iiiiiik ONLINE MAPPING Y. ilPhi ---1. ...,- e- ' • 174 / it:I j • t Y ' f r E. r : > . • ; i is , �. - ,, .# •� t � , {a , 1I1 S •_ Legend ,,'r- . Parcels • JS ,`- a { -:� • >. ;• Highway 141 `l � ;. ' • '. �� ,; . _ I , _ - �.`.> • - ` [ Township / Range � , _ se , a/ - j -< a� •� Section f: r County Boundary 1 ".•.' • ,�`A s ',-�'\ p . ft • � ' ,_ I •-I k, �4.\. 1.�J • • 1 t. , • 0 N 7 i+ _ • ` �* �n�(( tda o t ii. 4N E, , .- s — r • ski • it yi Y :: . . u` � ' 01 , i .. ..„. . . �'.-�, ~ .tom .r 11 4 •\ iw ici _ , iti ,1 ... ti _ '•rf .µ1r w.�� ♦a •� ,r••�� '•^. w• oe. & .-,A 11 • • _ I R.yr . la. 1' .., , . "VI ., Fe/ A • a: ci. „ , • srif ---. - • • 1 LT ill' I.. , i , . t. t��� $ � 1 t s • ///Pi i i• 1 , seat:*: a 'ifit. 1 . t " . . ast • • 4 • .I. Ilk, ' *A' . a- •,.. 3I0 i J. , t , . Lit, - xi- , - , r , • ... i a LegrAll I „►-i`'" !�• 1 : 13 405 • 0 I kj '# .:__Th. , 1 •• Notes DROUHARD PROPERTY 2,234.2 0 1,117 12 2,234.2 Feet This map is a ,..ser generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable © Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION I I _ ^__� CENTRAL WELD LAND SURVEY PLAT I � manvi5n°'ESvaun PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH RANGES 62 63&66 WEST TOWNSHIP 5 NORTH RANGES 62 63&64 WEST AND TOWNSHIP 6 NORTH RANGE 64 WEST i OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD STATE OF COLORADO i I -- -- /////////s'nr�////,, O///////// ///////////////////////////////////x+L.',.../n/! Sri!!!!!/////!!///!/!!/!///1:U.a2///,, • I FAE;020202 an W p / 4 Ei yk / //na/niiniinix,�t�wT//,Ly a/niaiu/a% IDT1 i l / j 555.81 AC xsras E ma aft 60 jim 557 5-5P! 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'a ..mm�. � �'''""'" rap> E �� IMD SURVEYPIAT _ W A,SECII WT 291.126221 66 Wit anaatelor y imosmvu.. r m m rC„rp�• •y ..a P10 1020 RLVxmEDMS5110x W5U16]PESaI me 02.02 ee mnn 9 apm 1 s z_�_�_; CENTRAL WELD LAND SURVEY PLAT I i��.o.---..rai.a.•' PARCELS OF LAND SITUATED IN TOWNSHIP 4 NORTH RANGES 62 63866 WEST TOWNSHIP 5 NORTH RANGES 62 63 664 WEST AND TOWNSHIP 6 NORTH RANGE 64 WEST I OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD STATE OF COLORADO 1 __ mE at i T�� �� �m„arz 51io =AM mrti fi LOT2 •�' 9,'8114 MOM *: Y m.g. _911 u�pe I gi 100•14.-W011 h •Wp / `y @ n INA" NI 9 PI i' I I •••• I , ,.•.. II totorterett 2462' -- I I ' •EUEmmamru• •mo .• •rz•x .v .day/5 `. _ ••••••• FUITMOCIADIVOSONOISOIVil inn IIILIDNIOACILFIEINEI t xn»mE ..•.••r.••••••Q ' • ti �- SURVEYVSYSTEMS CENTRAL canam.,•,ap ,,,..w. w+osumEYpur • ,� •� " .,••�..,, ra. 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CL .2 13 • EZErCO 0910 me, wan own, 77,77 f . w ■o es T 9:410•09.0 n.mu.. " "oo�" �• •• TS 3.z/rS' . ® . ..... .tee. ... > ..®e.. I.ALIVE•60.0191:11.071.0.19lhiliM.0•3•0094,9191.991,90M098,990.NER m.......zg= .. .19996902.59.9•09.110.0916..n.1.0.0•499•1. •M..xur..n�..,. ax�. n�...��n .®.®,...a...m�o.> ..,r......n..�.0au.....,oS....n�..1.,1.,n� ® r.meeroammuswm nA9199.90.6090.021039. 104.111, IMAM r00.39,0030 romm.x......lecoormoonsemomeasr SURVEY 0 SYSTEMS CENTRAL KEDEOUMY .o.",� ,a tY: •...ma. UNDSURVETMT19090••41.99 MENACKIE MI r.aa..u�. eEtnCNt4,43 @n ZO M.7 TA v_6E mm sae n 2 mium a oF m EXHIBIT D PRIMARY INFRASTRUCTURE PLAN EXHIBIT D PRIMARY INFRASTRUCTURE PLAN Infrastructure constructed by the District is engineered to meet the specific needs of a District user or users. Given the cost of infrastructure and water rights, projects are not designed except after extensive discussions with the user in order to identify their needs. The organizers of the District have extensive backgrounds in the development of water infrastructure and provide the following guidelines for infrastructure costs: 1. Cost per acre foot of lined storage - $2,500-4,000/acre foot. Reservoirs can vary in size from 200 acre feet of lined storage to 12,000 acre feet of lined storage. The size is dependent on the needs of the users, the availability of storage locations and the delivery design for the water. 2. Cost per lineal foot of pipelines of various sizes. 12"PVC - $66/linear foot 18" PVC - $99/linear foot 24" PVC - $132/linear foot 36" PVC - $198/linear foot 3. Well costs - $250,000/well 4. Diversion facility costs - $500,000-750,000/diversion structure 5. Recharge pond per surface acres - $12,500/surface acre 6. Water rights, per acre foot annual yield. - $24,000-28,000/decreed acre foot 7. Pump station costs. - $30,000-40,000/CFS 8. Weather stations, monitoring wells, etc. - $35,000/station 9. Access roads - $8/ft EXHIBIT E FINANCIAL PLAN Capitol Markets RBC Platte River Metropolitan strct : &: rvice :" Ian Subrnüssion /*Ian of Finance and Summary of Financing Assumptions We have prepared the following Financial Plan for the initial formation of the Platte River Metropolitan District . This Financial Plan is based upon development information that has been provided to us by the District Organizer. Based upon the assumptions below, the Financial Plan demonstrates that the District has the ability to finance the public improvements identified within the Service Plan and will be capable of discharging that indebtedness on a reasonable basis . It is anticipated that the District will impose rents , fees and charges for providing water supply on a wholesale basis , build water infrastructure and related , appurtenant non-water infrastructure to serve development. These revenues along with any mill levy on taxable property within the District will be used as the sources of revenue for repayment of District debt and for operations and maintenance of the District. In order to estimate the potential bonding capacity of the District we have set forth certain revenue requirements based upon current investor acceptance in the municipal bond market . This forecast is based upon certain assumptions with facts and circumstances as we know them today and sets forth an estimation of revenue to be generated by the District for the reasonable discharge of any debt. Since events and circumstances frequently do not occur as expected there will usually be differences between the forecasted and actual results . Depending on the revenue source and timing the bonding capacity will vary based upon actual results . We believe the following financial plan and results are reasonable and attainable in today's market. District Financial Plan The financing plan proposes future fees and charges to be applied to future users of the proposed public improvements including the wholesale purchase of water. Since fees can fluctuate over time based upon usage of the facilities the investor market requires a higher debt service coverage ratio . As a result of the financial modeling , the following table outlines the revenue required to achieve various bonding levels for the District utilizing fees/service charges only and not including any property taxes . It is anticipated that the District will issue debt at the appropriate time as the capital markets will allow. Platte River Metropolitan District Fee Based Debt Capacity Estimated Total Estimated Estimated Senior Tax Total Required Annual Total Bonding Debt Service Exempt Financing District Revenue Capacity Coverage Interest Rate Term for Debt Service $ 1 ,000 ,000 1 .25 6 .0 % 20 Years $ 110 , 000 $5 ,000 ,000 1 .25 6 .0 % 20 Years $550 ,000 $ 10 ,000 , 000 1 .25 6 .0 % 20 Years $ 1 ,090 ,000 $25 , 000 , 000 1 .25 6 .0 % 20 Years $2 , 730 , 000 $50 ,000 , 000 1 .25 6 .0 % 20 Years $5 ,450 , 000 $ 100 , 000 , 000 1 .25 6 .0 % 20 Years $ 10 ,900 , 000 $200 ,000 , 000 1 .25 6 .0 % 20 Years $21 ,800 ,000 The financing plan also allows for the imposition of a debt mill levy on future inclusion properties for the construction and maintenance of the proposed public improvements . As a result of the financial modeling , the following table outlines the revenue required to achieve various bonding levels for the District. This assumes assessed value to be generated from residential and commercial properties . If there is a significant amount of the 1 I PLATTE RIVER METROPOLITAN DISTRICT: SERVICE PLAN SUBMISSION value generated from oil/gas properties the financing term will be shortened to ten years or less . This is primarily based upon the average life of the facilities and tax revenues to be generated . It is anticipated that the District will issue debt at the appropriate time as the capital markets will allow based on the buildout at that point in time . Platte River Metropolitan District Ad Valorem Debt Capacity Estimated Total Estimated Total Estimated Estimated Senior Tax Total Required Annual Required Total Bonding Debt Service Exempt Financing District Revenue District AV @ 50 Capacity Coverage Interest Rate Term for Debt Service Mills $ 1 ,000 , 000 1 .25 6 .0 % 20 Years $ 110 ,000 $2 ,200 ,000 $5 , 000 , 000 1 .25 6 . 0 % 20 Years $550 ,000 $ 11 ,000 ,000 $ 10 ,000 , 000 1 .25 6 .0 % 20 Years $ 1 , 090 , 000 $21 ,800 ,000 $25 , 000 , 000 1 .25 6 .0 % 20 Years $2 ,730 , 000 $54 ,600 ,000 $50 ,000 , 000 1 .25 6 .0 % 20 Years $5 ,450 ,000 $ 109 ,000 ,000 $ 100 , 000 , 000 1 .25 6 .0 % 20 Years $ 10 , 900 , 000 $218 , 000 , 000 $200 ,000 ,000 1 .25 6 .0 % 20 Years $21 ,800 ,000 $436 ,000 ,000 All of the revenues pledged to debt service are dependent solely upon the ability of the District to achieve the revenue projections . Note that these revenue values assume level debt service overall and project the revenue needed for debt service upon stabilization . RBC Capital Market believes this financial plan to be reasonable based on the information provided to us and our financial assumptions . 2 I PLATTE RIVER METROPOLITAN DISTRICT: SERVICE PLAN SUBMISSION PLATTE RIVER METROPOLITAN DISTRICT INFRASTRUCTURE PROJECTS PREPARED FOR : PLATTE RIVER METROPOLITAN DISTRICT 8301 East Prentice Avenue , Suite 100 Greenwood Village , CO 80111 PREPARED BY : Civil Resources , LLC 323 5th Street P . O . Box 680 Frederick , CO 80530 Ph : 303-833 - 1416 DATE PREPARED : SEPTEMBER, 2019 CIVIL REnU RCES NLLC September 2019 PLATTE RIVER METROPOLITAN DISTRICT-INFRASTRUCTURE PROJECTS ACKNOWLEDGMENTS The technical material in this report,"Platte River Metropolitan District Infrastructure Projects"was prepared by Civil Resources, LLC under the supervision and direction of the undersigned whose seal as a professional engineer is affixed below: Brad L.Hagen,P.E. The following members of Civil Resources,LLC staff contributed to the study and the preparation of this report: Project Manager: Brad L.Hagen, P.E. PRMD-Infrastructure September 2019 -ii- TABLE OF CONTENTS Pa 1.0 PROJECT INTRODUCTION 1 2.0 INFRASTRUCTURE PROJECTS 1 2.1 Section 25 Reservoir 1 2.2 Milliken Diversion& Return 1 2.3 Drouhard Recharge 1 2.4 70 Ranch Recharge 2 3.0 ENGINEER'S OPINION OF CONSTRUCTION COST 2 4.0 CONCLUSIONS 2 PRMD-Infrastructure September 2019 -iii- 1.0 INTRODUCTION Platte River Metropolitan District("PRMD")intends to construct a series of infrastructure projects including conveyance infrastructure,water storage facilities and recharge sites to produce a reliable water rights program to support Front Range development and the associated increase in water demands. 2.0 INFRASTRUCTURE PROJECTS Several infrastructure projects have been identified as critical infrastructure to the development and solidification of District's water rights portfolio. The projects are generally described below. 2.1 Section 25 Reservoir Section 25 Reservoir is proposed for construction primarily within Section 25, 5N,63W of the 6th PM in Weld County, Colorado. The reservoir will be filled via the Riverside Canal by gravity for storage below the ditch level and by pumping for the upper storage. A check structure within the ditch and forebay on its north bank will be constructed to deliver flows into a pipe or series of pipes for delivery to the reservoir. The pump station is anticipated to be capable of delivering up to 200 cfs to storage or directly to the 70 Ranch Recharge Facilities. The water stored in Section 25 Reservoir will be delivered back to the South Platte or to the 70 Ranch Recharge facilities for accretion credits. 2.2 Milliken Diversion&Return A large diversion structure capable of diverting 100 cfs at average river level is proposed on the north side of the Site on the South Platte River. The outlet structure identified in the 404/442 Decree in Section 26,will also serve as a diversion structure and is more specifically located as on the South Platte River downstream of its confluence with St.Vrain Creek in approximately the NE%of the SW%of Section 26,Township 4 North, Range 67 West of the 6th P.M.,Weld County,Colorado. The diversion will be constructed in the upland area and divert water into a pipeline or series of pipes will deliver the water via gravity to fill the North Cell up to the river level at an approximate maximum rate of 100 cfs. Once the reservoir fills to the river level a gate will be closed and a pump station will be used to fill the remainder of the reservoir(s). 2.3 Drouhard Recharge The Site has a total area of approximately 126 acres and is located in the Southwest Quarter of Section 30, Township 04 North,Range 66 West. The site is bound to the north by a farm field,Weld County Road (WCR)25.5 to the east,WCR 40 to the south and WCR 25 to the west.Refer Figure 1. The Site was previously an irrigated agricultural field with multiple oil and gas wells and facilities including two large tank sites located along the northern property line and existing homes located around the perimeter of the site. The farm was irrigated with water from the FIDCO ditch located approximately one- half mile to the south of the site. Water was diverted through the headgate and into an open ditch that conveyed the water to the northwest where the ditch turns to the north along the east side of WCR 25.5 to the southeast corner of the site where a 12-inch steel pipe discharges the water into the existing concrete ditch that parallels WCR 40. Water flows to the west in the existing concrete ditch where it flows into an existing 12-inch pipe that conveys the water to the forebay located by the center pivot pond. It is estimated the existing conveyance system can deliver a maximum of 1.2 cfs to the Site. A preliminary geotechnical investigation included two(2)bore holes(DR-1 and DR-3)completed to depths of 55-and 60-feet respectively. The site was also potholed in six(6)locations each to a depth of approximately 10-feet. The results of the bore holes and potholes indicate that 2-to 3-feet of topsoil/overburden overlays approximately 52-feet of mostly sand with some silt,medium dense to dense(SM,SP)with groundwater ranging from 10- PRMD-Infrastructure September 2019 -1- to 21-feet below existing grade. In addition to water delivered to Drouhard via the existing irrigation laterals,a waterline from Milliken Reservoir to Drouhard recharge is planned and a second waterline from alluvial groundwater wells proposed near the Town of Gilcrest to control high groundwater levels are proposed to deliver water to the Site. The likely routes are shown schematically on the attached figures. 2.4 70 Ranch Recharge Large portions of 70 Ranch north of Riverside Canal are sand hills with large valleys that could be used to recharge water and create accretion credits. These areas were evaluated and included in numerous recharge ponds with varying accretion times and retiming wells for control of the system. 3.0 ENGINEER'S OPINION OF CONSTRUCTION COST No opinions of cost were prepared for initial report on infrastructure proposed for construction by PRWD. 4.0 CONCLUSIONS The proposed infrastructure is typical for development and management of water rights and is constructible. PRMD-Infrastructure September 2019 -2- Table 1 Opinion of Construction Cost Drouhard Recharge Facility-LAYOUT C2 Mobilization&Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $50,000 $50,000 2 Clear 8 Grub 25 AC $1,200 $30,000 Subtotal= $80,000 Site Work Item# Item Qty Unit Unit Cost Total Cost Notes 3 Silt Fence 2,600 LF $125 $3250 Along off-site ditch 4 Cell Outfall Boxes 2 EA $10,000 $20,000 5 Forebay Junction Structure 6 CY $750 $4,500 6 36°RCP 1,845 LF $180 $332,100 Between cells 7 36"RCP FES 4 EA $4,500 $18,000 Dishcarge in cells 8 Revegetation 1 LS $25,500 $25,500 17 ac(o?$1,500/ac Subtotal= $403,350 Inflow Infrastructure Item it Item Qty Unit Unit Cost Total Cost Notes 9 Modify Headwall on FIDCO Ditch 1 LS $25,000 $25,000 10 24"Canal Gate 1 EA $15,000 $15,000 11 24"RCP 18 LF $168 $3,024 12 Off-Site Conc Trapazoidal Ditch 2,560 LF $75 $192,000 $600/cy 13 29"x 45"Elliptical RCP Under WCR 255&40 110 EA $216 $23,760 Subtotal= $258,784 Earthwork Item# Item Qty Unit Unit Cost Total Cost Notes 14 General Cut/Fill 50,000 CY $7.50 $375,000 Unadjusted volumes 15 Type L Riprap w/Type II Bedding 635 CY $60.00 $38,100 Pipe outlets 16 Roadbase 1,960 CY $32.00 562,720 Top of Berm Subtotal= $475,820 Summary Mobilization&Site Preparation $80,000 Site Work $403,350 Inflow Infrastructure $258,784 Earthwork $475,820 Total Construction Cost Estimate= $1,217,954 Design&Constr.Observ.@ 6%= 573000 Contingency @ 20%_ $244,000 Subtotal= $317,000 Total Project Cost= $1,534,954 J:tUn,ied Water 8 San•141\PRMDtCost Estimate 1CostEst-PRMD.nIs Table 2 Opinion of Construction Cost Milliken Diversion Mobilization&Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $100,000 $100,000 2 Surveying 1 LS $15,000 $15,000 Subtotal= $115,000 Site Work Item# Item Qty Unit Unit Cost Total Cost Notes 3 Diversion Structure 1 LS $600,000.00 $600,000 4 Pump Station 1 LS $2,500,000 $2,500,000 Subtotal= $3,100,000 Summary Mobilization&Site Preparation $115,000 Site Work $3,100,000 Total Construction Cost Estimate= $3,215,000 Design&Constr.Observ.@ 6%= $193,000 Contingency @ 20%_ $643,000 Subtotal= $836,000 Total Project Cost= $4,051,000 J:United Water&San-141\PRMO'.Cost Estimate\CoseEst-PRMO.nls sixnwad-P31.0%.1.0.1.31sce3,09 aauol-ueS g Tern wwwncr $6Z`99CSLS =3so3 palmd Ielo1 000blc'5t$ =lelolgnS 000'tC6'tt$ =%0Z@A ua6uquo0 000'6L9'E$ ..kg(7o NasgJ i suo0 g ufxsa0 $6Z'9S9'6S$ =aleuuls31503 uop3Nlsuo31e1o1 $6Z'LS6'£9$ WoMyue3 000'006'5$ ampngswjul Mogul 000`19L$ Mi0M 095 000'090'3 uogwedaad 0PS g uo4enl!goW .Gewwns $6I'ZWE'S$ =lelolgnS 56Z`L56'LS 050$ dS 695'9L9'SL ewylaull 9 000'050'91'$ 095$ AO 000'00LLL @dAn3lelauag 1 SaloN goo 15101 1500 Pun Ault 4O WE #wail MwMgpe3 000'006'£5 =/elolgns 000`005$ 000'005$ Si L Aemwd5A0ua6Jaw3 9 000'009$ 000'004'$ Si I mimes uo!SJ0AI0 9 000`000'5$ 000`000'£$ Sl 1 uogels dwnd 4' saloN goo le4ol 'sop pun Run Al0 wall #W0A am4OIUISeyul Mogul 000'191$ =IeloIgns 000'L91$ 091$ di 051'9 d3?J.95 £ SaION 1so01501 P0011,41 VWl AO wall #UN 11OM OO5 000OS0't$ =lelolgns 00009$ 000'09$ Sl t 6u!AarunS 5 000'000'4$ 000'000'1$ Si t u0gezgigo51 4 salON 4503Islol lso0gull Ault 4O w044 #wall uogeiedard alIS 9 uogezgrgory 110Nasa?I 95 uoaoas 4003 u0g0w4Suo3 to uoiuid0 £Mel Table 4 Opinion of Construction Cost 70 Ranch Recharge Ponds Mobilization&Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $100,000 $100,000 2 Surveying 1 LS $40,000 $40,000 Subtotal= $140,000 Site Work Item# Item Qty Unit Unit Cost Total Cost Notes 3 36"RCP 4,374 LF $180 $787,320 from ditch and connecting Subtotal= $787,320 Inflow Infrastructure Item# Item Qty Unit Unit Cost Total Cost Notes 4 Flume 4 EA $75,000 $300,000 5 Outlet Control Structure 4 EA $7,000 $28,000 Subtotal= $328,000 Earthwork Item It Item Qty Unit Unit Cost Total Cost Notes 6 General Cub'Fill 475,320 CY $2.60 $1,235,832 7 Riprap 1 LS $100,000.00 $100,000 Subtotal= $1,335,832 Summary Mobilization&Site Preparation $140,000 Site Work $787,320 Inflow Infrastructure $328,000 Earthwork $1,335,832 Total Construction Cost Estimate= $2,591,152 Design&Cons.Observ.@ 6%_ $155,000 Contingency @ 20%_ $518,000 Subtotal= $673,000 Total Project Cost= $3,264,152 'Cost Estimate includes costs construction of Pond 7A,78,8A,&8B for a total area of 93.2 acres J:iUnited Water 8 San-141tPRMD\Coat Estimate\CoatEat-PRMD.es Table 1 Opinion of Construction Cost Drouhard Recharge Facility-LAYOUT C2 Mobilization&Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $50,000 $50,000 2 Clear&Grub 25 AC $1200 $30,000 Subtotal= $80,000 Site Work Item# Item Qty Unit Unit Cost Total Cost Notes 3 Silt Fence 2,600 LF $1.25 $3250 Along off-site ditch 4 Cell Outfall Boxes 2 EA $10,000 $20,000 5 Forebay Junction Structure 6 CY $750 $4,500 6 36"RCP 1,845 IF $180 $332,100 Between tells 7 36"RCP FES 4 EA $4,500 $18,000 Dishcarge in cells 8 Revegetation 1 LS $25,500 $25,500 17 ac @$1,5001ac Subtotal= $403,350 Inflow Infrastructure Item# Item Qty Unit Unit Cost Total Cost Notes 9 Modify Headwall on FIDCO Ditch 1 LS $25,000 $25.000 10 24"Canal Gate 1 EA $15,000 $15,000 11 24"RCP 18 IF $168 $3,024 12 O8-Site Conc Trapazoidal Ditch 2,560 IF $75 $192,000 $600/cy 13 29"x 45'Elliptical RCP Under WCR 25.5&40 110 EA $216 $23,760 Subtotal= $258,784 Earthwork Item# Item Qty Unit Unit Cost Total Cost Notes 14 General Cut/Fill 50,000 CY $7.50 $375,000 Unadjusted volumes 15 Type L Riprap w7Type II Bedding 635 CY $60.00 $38,100 Pipe outlets 16 Roadbase 1,960 CY $32.00 $62,720 Top of Berm Subtotal= $475,820 Summary Mobilization&Site Preparation $80,000 Site Work $403,350 Inflow Infrastructure $258,784 Earthwork $475,820 Total Construction Cost Estimate= $1,217,954 Design&Constr.Observ.@ 6%_ $73,000 Contingency @ 20%_ $244,000 Subtotal= $317,000 Total Project Cost= $1,534,954 J:IUnited Water&San-1411PRMOlCost EstimatelCostEsl-PRM0.ris Table 2 Opinion of Construction Cost Milliken Diversion Mobilization 8 Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $100,000 $100,000 2 Surveying 1 LS $15,000 $15,000 Subtotal= $115,000 Site Work Item it Item Qty Unit Unit Cost Total Cost Notes 3 Diversion Structure 1 LS $600,000.00 $600,000 4 Pump Station 1 LS $2,500,000 $2,500,000 Subtotal= $3,100,000 Summary Mobilization&Site Preparation $115,000 Site Work $3,100,000 Total Construction Coat Estimate= $3,215,000 Design&Constr.Obsere.@ 6%= $193,000 Contingency @ 20%= $643,000 Subtotal= $836,000 Total Project Cost= $4,051,000 J:\United Water 8 San-141\PRMDiCoat EstenateiCoetEet-PRMD.rvs Table 3 Opinion of Construction Cost Section 25 Reservoir Mobilization&Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $1O00O00 $1,000,000 2 Surveying 1 LS $50,000 $50,000 Subtotal a $1,050,000 Site Work Item# Item Qty Unit Unit Cost Total Cost Notes 3 36'RCP 4,150 LF $180 $747,000 Subtotal a $747,000 Inflow Infrastructure Item# Item Qty Unit Unit Cost Total Cost Notes 4 Pump Station 1 LS $3,000,000 $3,000,000 5 Diversion Structure 1 LS $400,000 $400,000 6 Emergency Spillway 1 LS $500,000 $500,000 Subtotal= $3,900,000 Earthwork Item# Item Qty Unit Unit Cost Total Cost Notes 7 General Cut/Fill 17,700,000 CY $2.60 $46,020,000 8 Liner Area 15,874,589 SF $0.50 $7,937,295 Subtotal a $53,957,295 Summary Mobilization&Site Preparation $1,050,000 Site Work $747,000 Inflow Infrastructure $3,900,000 Earthwork $53,957,295 Total Construction Cost Estimate= $59,654,295 Design&Constr.Observ.@ 6%= $3,579,000 Contingency @ 20%= $11,931,000 Subtotal= $15,510,000 Total Project Cost a $75,164,295 J.lunded Water 8 San-1411PRMD'Cost Esamate\CostEst-PRMD.xis Table 4 Opinion of Construction Cost 70 Ranch Recharge Ponds Mobilization&Site Preparation Item# Item Qty Unit Unit Cost Total Cost Notes 1 Mobilization 1 LS $100,000 $100,000 2 Surveying 1 LS $40,000 $40,000 Subtotal= $140,000 Site Work Item# Item Qty Unit Unit Cost Total Cost Notes 3 36"RCP 4,374 LF $180 $787,320 from ditch and connecting Subtotal= $787,320 Inflow Infrastructure Item it Item Qty Unit Unit Cost Total Cost Notes 4 Flume 4 EA $75,000 $300,000 5 Outlet Control Structure 4 EA $7,000 $28,000 Subtotal= $328,000 Earthwork Item# Item Qty Unit Unit Cost Total Cost Notes 6 General Cut/Fill 475,320 CY $2.60 $1,235,832 7 Riprap 1 LS $100,000.00 $100,000 Subtotal= $1,335,832 Summary Mobilization&Site Preparation $140,000 Site Work $787,320 Inflow Infrastructure $328,000 Earthwork $1,335,832 Total Construction Cost Estimate= $2,591,152 Design&Constr.Observ.@ 6%= $155,000 Contingency @ 20%_ $518,000 Subtotal= $673,000 Total Project Cost= $3,264,152 'Cost Estimate includes costs construction of Pond 7A,78,8A,&88 for a total area of 93.2 acres J:\Un,ted Water&San-141\PRMD\Cost Estimate\CoatEst-PRMD.rls I I POND 10-28 POND 10.18 POND lIA POND 10 .'n te.."..). \ I POND 10-1A I :5, \„ i— POND 10.2E / POND 118 I ,i, POND to-IC .� \ �Z �� I ' C IVIt K 3 Sth S K(aS, tl c \ A/ 323 Stn STREET � Pp ND l IC P.O. Box 680 FREDERICK, CO 80530 303.833.1416_ . , ,. stab ________4_,‘///:/// / ` WWW.CIVILRESOURCES.COM / % POND 110 r-1 — f PLATTE RIVER METRO DISTRICT POND 10-20 "���_'�! , POND 11E llli i tl101 E. VaflfrKE AVE,STE 21 f � � � I,REENW000 Yb1AllE, iA b0111_._ , ._ _ _i_____ POND 10 1C - I 3OJ.77J.IOOS(P) { � [XIlW 1111MANo I _.__ POND IB POND 13A • Lr�.. 'i -7 - -- � , H• �..` -\ POND 7U ~ POND 138 -�� U 1 H Up CC •it .� ,1... . eninssit‘ H ----- . rum, i ,t ' I h1 1 O 0 0 J J�.r .•. l • ..... ' .`.- ..;y.' ',• �, ` SECTION 25 RESERVOIR. . . ti ' H O \ .t"..\\ , l 1 ki VOL.: 12,293 AC-FT H U ^ 2, `� III !. MWSE: 4615' \. .C )' / 't ' \ , ,'-� _� `� POND 7C I • CREST EL: 4620• i ,� , • • It --• „„ st s — \• • r• ` BOTTOM EL: 4520' i CC z it �r ' \ . _� , CUT: 19,443,484 CY 1 '' tit _. \ ‘1 • , /N. I l {' FILL: 11,824,810 CV t� S'/, W I 1 111 0 \ ' • . I \ �.. \ I' i', NET: 7,618,674 CY <CUT> "� ��1 •'\�' ) 11.;,... " � + fl `� ' POND 1?B r i1 '�; : \ s POND 7A7 r J . LLJ ` _ - POND 12A w._. — we( ,��'-?\. ' 1 `\ POND 12C I— _ _ \; �I _ • ` `. I,L..., \'\. POND 8A y — — 'ljt � .•. \t` e!\ � ` \4 ,Th..._............ i� I '` ? r 3"- ......:1\�L�\ 7:. i - . \ i- � . \. .�. `s , . � • '_: t 44$: ' i^L rt . /i/� POND 12U . 1 \, v, � POND 9A ) r / REVISIONS g L — — ," ; - t ` .1 - POND 88 / NO, DESCRIPTION DATE - ■ c ---.........%"---- i / co `ila / '- \ r 1r - - - - - - .- G ;;\ -. - Vy -�� SW 35 Z,� �•.\ \` ff/ i- POND 14A Q \ •; \, \ X34'•:• ti RIVERSIDE CANAL FOREBAY/DIVERSION • w\1 \ 7 t � �i' ) Nr • \ t \ _ � • r• y1 N POND RNRFa �� •I ;`: te � ' ;�., .. '''' ., \:. . 4.. . ----:‘2•1_,1:- 'r •• • " I ALtt;• . \�^' `, ii - 1 Xfl .iti:• \1, ST NJ X t \\ ./.. .c L'\ ! POND 4,/SA �. I . t:.‘„Th ....:37,. • - . \ I tx5lrutDsr a DATE <.1 CLAM ‘.%x•-• ` R63W •••••".' DRAWN bY. 2i� SCN E: AS NOTh0 �~\~'\ .- - 1 / Cl/ECX ED BY' XXX.I AS MDTfD . •'f • • -�' • - ' te ` POND J;SB ✓ ' I 1 JC)b NO.: •••• I a I / `.- ^� : I 1 DWG IMMF,•9plaAT10NS1MV-1OMNC►IARE OVA; 1 - - INN......".% '. ..g....- I POND 4/SC POND 14B \ .tomrt NM 70 RANCH AREA \ bit _ \,.. • Sac Sl°' `" - - INFRASTRUCTURE I 0 I I .\ 4\ POND 9B wM1Y below.IC.li1/4 j i 'NNS �� I 3 can before you a i 1 • i: ._ _ e.„.-9 ii • t IVIL RLS'•lURCES, a(Lt , 4 323 5th STREET 1! - eIISEMEto P O Box 680 a ti FREDERICK, CO 80530 a_ 303.833.1,16 1', qiiiitd rl WWW.CIVILRESOURCES.COM _ aa.r_. `` _ - - -i�i�i4Y — �'mm, ...-• ��" 11 lei aimposin -‹�r 1 11 , ., . -- ^ r.:a,^�-e �`.��. ` - (',, ' • • i. ;ill LEGEND: MONIroawG E. I _ Ail • . i, wat I.- 1 E USTtnG at 41 MIDI C :t- I ---- 13.0AgES I '-1 %1J i1 BASEMENT ' . ..>} PLATTE RIVER METRO DISTRICT I HW l': , •_ I 111 l E - 8301 EAST PRENTICE AVE Su: 1u0 - h I - -- - GREENWOOD VILLAGE.CO S0111 l .1 :: - ' _.a.a..L. I. . 1 _ Pi).)02.S5OO �l , e \ • •�'' CON!ACT DOE Damp.w, r II r� `r c S\- ' POND A ! U 1 LAND USE summon-. IEXISTING OIL 0 CAS FL. - E, 131 ! ACAES TOTAL LAND AREA _ I a.. rI I ` •`\ \• .1 I, 12.2 ES ' R , ,�, 1 • IS 11 ACAS OOG(NORTH SIDE Of SITE) W 1 I: POND 0 • 21.2 ACRE ILK 1MRGE PONDS (8.0 AC OF F-1 r 1 WATER SURFACE AREA) �- I - , - I, 3,0 ACRES `I , I APPROXLMATE PROPERTY LINO o r jI '.1\ i I('- �J / • 17 LOTS (TOTAL AREA 91 A ACRES) _I 1 f _._ _ ` 1 `\ • I •�- • . I^ - ---......._-4.- a Ji I - ;,:i41 o- • 2411 UNEAR FEE t Of ROADWAY WAR' - r _ U Q - r I, ROW(TOTAL 3.6 ACRES) Li y .�_] -_ ':_ I L -`. ..! —_ , I -'- I , • 2J ACRES DEDICATED NOW - O I pUPTED PIPI'UNE IN EAsepe4T/—�_ 1 / I t',y �I W J I TORE LIVER WA TER TO POND A Ad t 1 o l `� l i � 1 , , I 1 ;� ESTIMATED MONRGE RATE 0.5 CPS TO I.O CPS _ - v APPRoxtMA1C PILOPLRTY wit ,4 }N. ,I-, �' •' i , a. �\ ,._— - / .,, 1 (. - _...J i:......_.., - I ...coMSW ON A95UN(D GNOIMOMMTER LEVELS C 1 _ `, LIAR EXISTING STRUCTURES MTN BASEMENTS /� / 4,, PASTING on.I.GAS FACILITY - �,.�!'-��y, •. i - = 1 F— tiA,f fit Ni . /•_�• r I ._•- 1- • .—_ _ NOTES. U L \. .�'" n,L��vl" , 1 LOT 16 ARO 17 WOULD HAVE ACCESS OFF OF ACSI 4,- •SE EXISTING 06G ACCESS i, _ 't, \ r 'I y :\ `, , \ ' ; • � '.. ' -I �' _ -- - CC O 1 ✓ \� / M W3• - 7. WT 9 COULD INCREASE IN SIZE 6 R El TNFR SNARES T K - -- - _ ` •' ,,,'S•,4'i��'tr . . HAS SEPARATE ACCESS f(/CIM v �.. A.r �qr�. ` I oa 0 GAS ACCESS ROAD OR `\ -.,t•:.,._.. -..� ., "�"' —11. S.Yu,..FT..LTn,...-S„-Tic, "I.3'& '�tif.•.t•,I•T.,r ~rA~' - _ _ I I WCA IS 5. Q� 1 L - ham" I ) TWO POREBAYS ALLOW MOR OPERATION TO CONTINUE Wtl II I Q J I•J �, , 'i` ��.�� 1 •fv . \ •� f 4 ONE IS BEING L].[ANECYMu1N7At1Eo. � W t - 4 LOTS 3.A, sae, 1 L 0 14 WILL N(YD 10 INVE IASEMlM5 TO O MW-litiS I \ t I / I I_�_I Ni t. -� T AVOW 1111 GAS ACY.ESS lU THE Ex1snMQ WELLS. 1 - , - • �� , , - _ a . . S APPROXIMATELY 2,635 IF OF WATERLINE M THE PROPOSES• 1, , � � - ROADWAY. Q . I l -. t' OUTLOTA , , .1 LOT ° r I I I � 11 Lai 9.0 ACRES I I - 1 r�` i�' FORESAY I :ic - _- t ,_- A REVISI(MS i • W.) DESCRIPTION DAIL .. ea-1 • , r (BTM AREA) - I / 1 EXISTING OIL 0 GAS FACILITY ` - IN NG OIL ACAS FAC n TW -.\ _ - PORE BAY 2 I t ��l. -( \ -. J I ,•-' r r, pp _ • •. . 0.40 ACRES1 t, S {5114 AREA) I1 1 I 1 ``- -Z--'' - ••� ..rlir Ca\ I ( / Y : I I 740. I . / NW) a N I 1 • I pI '� " t ` Lr vAR1Es F tit a 1 — - {— —— L-- • FT ,./ I: I • y, . LOT 16 ' PECINRGE PIING T co • I LOT 17 5.1 AC _ f J ` eERI, I IL I § 1 ` LN 5A NC 1 i 1 , ♦ / f t TYPICAL RECHARGE POND SECTION ._.�$ - - —_�^E _ - - --tr.- c o-af ' Est DnY X15 wTF:�.IaLIVN _-- r.iu ,� r-r-e at--mre r-or-a �-r-_r r art- far- WOTq "" - -z-� ------1 FAR TN WOW( NO7F5. 1 ESTIMATED 22,000 CY OF MATERIAL REMAINING AFTER (,PA By /L CAI!• A5 NOTED '_HCQ(EO BY M11 AS NOTED `•'.' • + CONSTRUCl10M OF THE RLI;F1AMKiE PO/R)5 AND Fi1REMY5. 1.IB NO. 141.V01 1J . , _= # I - _ FYI Wie . �. .. . ItfJ: AS•1.a9 i L'5T IMATED 7.300 CY OF MNTERIAI N�OEO TO RA15E _F I+ ROADWAY AN AVERAGE OF 2.S' IiW(i NAMF'INTOLINARORfC NARG[.UYA, i - _ _ - - - 1. EST IMATED 6.200 CY TO RAISE 7O A A" BUILDING PAD 7'OM t� 1 EACH LOT- r. s 1 3 THIS LEAVES AN ESTIMATED 8,500 CV Of MATERIAL MOO IAN -, BE USED Os THE SIR As NEEDED. CONCEPT - __ �- _ _ 5 SITE 5 GRADE EARTHWORK QUANTITIES WELL BE KNOWN ONCE THE .I elltr__ LAYOUT C2 i H Q� V "` r, • . ... __ Know routs below, 1 Call betroth you dig_ 3 ' I /,ar:N¢r 1,51141.EL. c� r - i 7_=,...A....., �L'.a_._ _ . i� r r "_ir_--nom-1 �v,:, CIVIL RJS�U 50.TRREC�S LLC tij t /I ( �vI PO Bog b00 I In - S33< 22 / j , Ill_Li ' I L a I I rIIIII i � I it �/ ,� \• ',/,('''--.7......-, ��v� I I I I I I I l , I ' I I ' I PLATTE RIVER METRO DISTRICT /� r-\,.� ff Mt G KM.AVE' Y /l �:▪ f 1 R.. .°�"o.Ll. / l ` f '��\ / 'al suvN= SHEET VILE PRAMIE 1 IV.4 10 COM GAMS ` r iMMH 0Eua-,L,`� // J• ` "'t,�d ai 'APV"° "0.sui '1,3 / 40M1C.M113 WALL / / StW Yn 1 , `5Y ♦� / __.__„„III LV�ISM mEL MM4, h al o / / // /h`1�ca ' r i } _' I• /� L y ti� --_,17,*,I r. f CC Z SORKIN Irani v '� 51 n` • Eli O iI� AR 4.6 MYER 0l w:LM WA N 5ML OR TO xw s 3 WW2. 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CO 803 tl ,445 Y Y Y ;` , �/ / /%� f,r• 103 659 5000(PI / J CONTACT DREW 11M11AK:•/"stir /f % / , . • /PT liii5 ./ / . 819 / SECTION 25 RESERVOIR •/ % j Y ! N ,/ VOL.: 12,293 AC-FT1. / // / , / MWSE: 4615' / / Y Y • CREST EL: 4620' / 4/9 O CREST WIDTH; 200' f / O BOTTOM El 4520' • / ' /' CC�„� z < SP i ce CM: 19,443,484 CY /% t/ • FILL' 11,824,810 CY / ' i / / „o,,,, . In J /' • ,p NET: 7,618,674 CY <CUT> ..- Q' LU O / ;% �•' J V_ • / //' % %= C8Y eats,You_ O O 0 ... .. . ,• ,,,.. . , ; : ) ! , r. y z L1I 1 �' ../i-------".......\\ �� /I( T11j / t SECTION 31f/IP SECTION 7_ . . A i ;b./ SECTION 30. 15s: /.;., i -. —a „T• - •10 DESCptPTK7Ns DATE ,.. ..- ./ /' \ POND e8 J1 I 19 I y /' /' /' / / % / / Y i 1 - 8'19 /. rIlO10.SC0 UIfRD MAIM / / // , / / >' / ,82q = en aye BN6 • ,� ; �; / / • /i t I * ..N. /.. // ..i. , ....., . . . s , .... .., „ ... , .. ,-.- .r // / . .. / 5 • .. A / l4'SI WtD 01- JQpL• DATE:+,w u_�n• �� / • / i / Y [RAWN BY: �u t: AS N01E4 : -^ _O \ / /. - ./ / /, ; ,./ CHECKED eV: j AS M07ED �J /' //// 1 we NO. vein � 0 Ot'.., r • •' ,/ / / / : / / / // 'AWG NAME:s&c1Ionn sc p.c G - _tolis 4 1. /RSVHL510E WIAi /' % Q i f/ ,' /'/ SECTION 25 k; : ±IThp i :#1, ; PRELIM. �: f ' / 44. t\sx_ ,/ ,. ;' r � CONCEPT).- 1: • 7. er 924 ,`: 1 2 4 ' 4 l inI_ 1 !mimed Water S Sari 141!4C(Y.!twerps SheetskSertioniSkesP&P deg 9016?019 3 79 01 HI 1 O• V I E O - N w ♦ vii a' v m '0 O P P P So o 0o c o c o g q o o 0 0 0 q o c o I 1 T— l g 4 I 4 I I Prt I i 8 — I _ I i 8 I I 0 I 1 MN 8 sal1Ow JS SES110l1 a g , I SfC110U 23 , . . l '• _ SICT1011 K.LileO 8 I ' aR Ma m i k blji I 8 g '62 N o m 8 Sm pet x I , ' ; `k w M I S eeta05 s erI eeeeeeeeeees? M 8 ii i a M el I r- "w x 3 i S I —}' a I I T 4 i. •19 i ` eM a + A + + + y Y I 6 t t t t • N O, M N V1 N N 1/, Lr t * $ P * a l i $ $ 48ggot isso88goo8 ' rte' • Y 6 FT -- - I $ a g3 . f -70 1 ! - I NORTH 70 RESERVOIR w ; m nT � N m us M r W CONCEPTUAL DESIGN I -Y r Z m H ! j ; 4fo p p 70r" WELD COUNTY, COLORADO s = s T o fl � m EXHIBIT INVENTORY CONTROL SHEET Case MET19-0002 - PLATTE RIVER METROPOLITAN DISTRICT Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 08/20/2019) R. Kirk Mueller, Davis Letter on behalf of Bonanza Creek Energy, Inc., and C. Graham & Stubbs, LLP HighPoint Resources Corporation (dated 9/12/2019) D. Applicant PowerPoint Presentation (09/18/2019) E. Applicant Requested Revisions (09/18/2019) F. County Attorney Item #4 Inclusion Limitation (09/18/2019) G. Applicant PowerPoint Presentation (09/23/2019) Kathy Naibauer, Central Email (dated 09/22/2019) re: Requested Excluded Weld County Water Parcels from Service Plan, and Map from Bob Choate, H. District (CWCWD) Assistant County Attorney (dated 09/23/2019) R. Kirk Mueller, Davis Order of Court (dated 09/23/2020) — Case No. I. Graham & Stubbs, LLP 2018SC760 Amended Service Plan (markup version), dated J. County Attorney 9/23/2019 K. L. M. N. O. P. Q. R. S. T. U. V. W. 2019-4149 EXHIBIT. 1 A a BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION ~ OOoz_ RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille , 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: MET 19-0002 APPLICANT : PLATTE RIVER METROPOLITAN DISTRICT PLANNER: TOM PARKO REQUEST: THE PURPOSE OF THE METRO DISTRICT IS TO FINANCE THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO PROVIDE WATER ON AWHOLESALE BASIS TO OTHER GOVERNMENTS OR ENTITIES THAT PROVIDE WATER TO INDIVIDUAL USERS ; AND , TO PROVIDE ONGOING MAINTENANCE OF THE PUBLIC IMPROVEMENTS . LEGAL: PART OF SECTION 28 , T6N , R64W; PART OF SECTION 36 , T5N , R64W; PART OF SECTIONS 3 , 15 , 17 , 18 , 19 , 20 , 21 , 29 , 31 , 33 , T5N , R62W; PART OF SECTIONS 3 , 7 , T4N , R62W; PART OF SECTIONS 1 , 3 , 10 , T4N , R63W; PART OF SECTIONS 22 , 27 , 13 , 17 , 20 , 21 , 22 , 23 , 24 , 25 , 27 , 31 , 33 , 34 , 35 , 36 , 23 , T5N , R63W OF THE 6TH P. M . , WELD COUNTY, COLORADO . LOCATION : THE INITIAL BOUNDARY IS GENERALLY LOCATED NEAR COUNTY ROAD 31 AND COUNTY ROAD 10 AND IS APPROXIMATELY 54 ACRES . THE INCLUSIVE BOUNDARY IS GENERALLY SITUATED WITHIN THE 70 RANCH , BOUNDED BY CR 61 TO THE WEST; CR 81 TO THE EAST; CR 58 . 5 TO THE NORTH AND HIGHWAY 34 TO THE SOUTH . INCLUSIVE BOUNDARY IS APPROX . 16 ,427 ACRES . be recommended favorably to the Board of County Commissioners with the following conditions : 1 . The Service Plan shall contain an engineering or architectural survey showing how the proposed services are to be provided , as required by C . R . S . Section 32- 1 -202 (2 )(c) 2 . Provide a general description of how the facilities are to be constructed and how such facilities are compatible with County Standards , as required by C . R . S . Section 32- 1 -202 (2 )( e ) 3 . Provide a general description of the estimated costs of these services , as required by C . R . S . Section 32- 1 -202(2 )(f) 4 . The Primary Infrastructure Plan ( PIP ) shall include maps and descriptions of the public improvements proposed to be built, as required by C . R . S . Section 32- 1 -202 (2 ) ( i ) and Section 2- 14-20 ( L ) Motion seconded by Elijah Hatch . VOTE : For Passage Against Passage Absent Bruce Johnson Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland 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 . RESOLUTION MET19-0002 PLATTE RIVER METROPOLITAN DISTRICT PAGE 2 CERTIFICATION OF COPY I, Kristine Ranslem, 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 August 20, 2019. Dated the 20th of August, 2019. Kristine Ranslem Secretary EXHR: IT ti 4Ay�� 7iq V acii SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 1110V ca0002 Tuesday , August 20 , 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room , 1150 O Street, Greeley , Colorado . This meeting was called to order by Chair, Michael Wailes , at 12 : 30 pm . Roll Call . Present: Michael Wailes , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch , Skip Holland . Absent : Bruce Johnson . Also Present: Kim Ogle , Chris Gathman , Diana Aungst , Maxwell Nader, and Tom Parko , Department of Planning Services ; Lauren Light, Department of Health ; Evan Pinkham , Hayley Balzano , Zackery Roberson and Mike McRoberts , Public Works ; Bruce Barker and Karin McDougal , County Attorney , and Kris Ranslem , Secretary . ( Bruce Johnson entered the hearing at 12 : 58 pm ) ( Skip Holland and Tom Cope left the hearing at 4 : 12 pm ) CASE NUMBER : MET19-0002 APPLICANT : PLATTE RIVER METROPOLITAN DISTRICT PLANNER : TOM PARKO REQUEST : THE PURPOSE OF THE METRO DISTRICT IS TO FINANCE THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO PROVIDE WATER ON A WHOLESALE BASIS TO OTHER GOVERNMENTS OR ENTITIES THAT PROVIDE WATER TO INDIVIDUAL USERS ; AND , TO PROVIDE ONGOING MAINTENANCE OF THE PUBLIC IMPROVEMENTS . LEGAL DESCRIPTION : PART OF SECTION 28 , T6N , R64W; PART OF SECTION 36 , T5N , R64W ; PART OF SECTIONS 3 , 15 , 17 , 18 , 19 , 20 , 21 , 29 , 31 , 33 , T5N , R62W; PART OF SECTIONS 3 , 7 , T4N , R62W ; PART OF SECTIONS 1 , 3 , 10 , T4N , R63W; PART OF SECTIONS 22 , 27 , 13 , 17 , 20 , 21 , 22 , 23 , 24 , 25 , 27 , 31 , 33 , 34, 35 , 36 , 23 , T5N , R63W OF THE 6TH P. M . , WELD COUNTY, COLORADO . LOCATION : THE INITIAL BOUNDARY IS GENERALLY LOCATED NEAR CR 31 AND CR 10 AND IS APPROXIMATELY 54 ACRES . THE INCLUSIVE BOUNDARY IS GENERALLY SITUATED WITHIN THE 70 RANCH , BOUNDED BY CR 61 TO THE WEST; CR 81 TO THE EAST; CR 58 . 5 TO THE NORTH AND HIGHWAY 34 TO THE SOUTH . INCLUSIVE BOUNDARY IS APPROX . 16 ,427 ACRES . Tom Parko , Planning Services , stated that this is for a review of a Service Plan for the Platte River Metropolitan District . He said that the intent of this service plan is to provide water on a wholesale basis to other governments or entities that provide water to individual users . He added that this is still on the same initial parcel and the same inclusion area . Diane Miller, Miller and Associates Law Offices , 1641 California Street, Denver, Colorado stated that this service plan is for a special district for water infrastructure . She said that this meets the requirements of the Model Service Plan for its financing plan , election language , eminent domain language , and where the deficiency comes is a need for further detail and an architectural and engineering survey , a Primary Infrastructure Plan ( PIP ) and a statement within the service plan that they will comply with County standards when they start building facilities . Ms . Miller stated that they are prepared and willing to put a statement in regarding the County standards and to make sure that they bring the exhibits on the PIP and the architectural/engineering survey up to the standard to meet the approval of the County Staff prior to the Board of County Commissioners hearing . Bob Lembke , 8301 East Apprentice Avenue , Greenwood Village , Colorado , stated that as development continues to occur, they have a need for water and water infrastructure . These small towns like Weldona , Orchard , Kersey , Milliken , Gilcrest, and Ft . Lupton lack funding and infrastructure to develop water systems . This proposed metropolitan district is going to include two to three reservoirs , pipelines and the recharge locations . 1 Mr. Lembke said that the Town of Gilcrest has a high-water table problem and by installing some wells and a small pipeline linking into the one he already has planned, they can dewater the town and eliminate the water problem. He added that he has been working on a reservoir that is about 16,000-acre feet of water using existing undeveloped water rights on the river and the purpose is run at the far east edge of Weld County along the Platte and work upstream for those communities that are too small to finance that type of infrastructure. He added that the oil and gas companies have a significant benefit from the infrastructure already built as the 70 Ranch reservoir is open and about 40%full and 1500 acre feet of that are allocated for the immediate area needs so there is a block of water to help provide that service to the oil and gas industry. Commissioner Ford said other water districts supply water to rural residences and asked if this will be able to do that. Mr. Lembke said that under this plan they do not intend to provide potable water as they are not in competition with other water districts; however, if those districts cannot serve that area and they are not in the other district's boundaries, they might consider it. Commissioner Johnson referred to the comments regarding the water from Gilcrest and asked how Mr. Lembke is dealing with the State water laws for taking that water. Mr. Lembke said he will leave that to the water attorneys. However, some of the problems in the Gilcrest area are those that wanted to take the water they are capturing and use it on their fields. He added that placing that water for beneficial use would result in the water courts and in the legislature. He recommended by doing that to install a city sump pump and if iit is returned to the river and don't beneficially use it then you will not be penalized. So,they envision offering Gilcrest the option of using the pipeline as it doesn't cost him anything to put Gilcrest's water into this pipeline. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ron VonLembke, 8301 East Apprentice Avenue, Greenwood Village, Colorado, said that he is proud to be the younger brother of Bob Lembke as he is a long-range thinker and problem solver. The Chair asked the applicant if they have read through the Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case MET19-0002 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes =5). Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck. Absent: Skip Holland, Tom Cope. Meeting adjourned at 6:08 pm. Respectfully submitted, Kristine Ranslem Secretary 2 c VIES Richard Kirk Mueller G If 303 892 7456 kirk . mueller@dgslaw . com sT t: BBS EXHIBIT i C September 12 , 2019 E 9 i �:�xy r derlett, tiss 00 • fr;dvtY f'f� !ri �> _ - Bob Choate Weld County Attorney PO Box 758 Ai [7:. aD COU Nil Greeley, CO 80632 COMMSSff • NERs bchoategweldgov. com Re : Petitio s for Approval of Real Weld Metropolitan District and P'` lette River Metropolitan District Petition Service Plans Dear Bob, Thank you for visiting with me yesterday with regard to the above-referenced matter. As always , I very much appreciate the responsiveness of the Weld County Attorney ' s office . I write on behalf of my clients, Bonanza Creek Energy, Inc . and HighPoint Resources Corporation (formerly Bill Barrett Corporation) , with regard to the Real Weld Metropolitan District and Platte River Metropolitan District whose proposed service plans I understand will be considered by the Weld County Board of County Commissioners ("BOCC") on September 18 . As you know, my clients have engaged in protracted litigation, with one lawsuit still pending, with two other special taxation districts — Sand Hills Metropolitan District and South Beebe Draw Metropolitan District — that we contend have illegally imposed ad valorem taxes on their mineral production in the vicinity of 70 Ranch in Weld County . In a letter to the Weld County BOCC sent in November of last year (copy enclosed) , Bill Owens described in detail the basis of our disputes with these entities . We are now concerned that the Real Weld and Platte River Metropolitan Districts may likewise be planning to levy taxes on our mineral production at 70 Ranch. We are reviewing their proposed services plans, of which we first became aware only three days ago , in an effort to understand the full extent of their proposed activities . We received no specific notice that a hearing had been scheduled on these proposed plans and became aware of them only this week. While "tombstone" notices of the public hearing were published in the Greeley Tribune in late August, those notices (copies enclosed) set forth descriptions of boundaries that do not match the boundary descriptions in the proposed service plans . The published notices identify boundaries at locations south of Ft. Lupton. The proposed service plans contain property descriptions in other areas as well including — it appears — at 70 Ranch. The proposed service plans indicate that these other properties will either now or in the future be "included" within these districts . In short, given the vagaries of the proposed service plans , the published notices do not correctly or adequately inform potentially impacted property owners that a hearing will be held that may affect their property by including it within a special taxation district . Numerous concerns are triggered by a cursory review of the two proposed service plans . Among them, the plans do not adequately describe the services that will be offered, nor do they demonstrate a need for Davis Graham @, Stubbs LLP 1550 17th Street, Suite 500 Denver, CO 80202 303 . 892 . 9400 fax 303. 893 . 1379 dgslaw. com agnaaAa1 September 12,2019 Page 2 the services as required by C.R.S. § 32-1-202. Although it is unclear what services will be provided, the service plans—like those of Sand Hills and South Beebe Draw Metropolitan Districts—seemingly seek approval to impose enormously high levies of up to 50 mils. Such a mil levy dwarfs those levied by library, fire, and school districts in the area and, indeed, by Weld County itself(15 mils). In addition, the plans seem to contemplate "inclusion" of additional properties in the future without public hearing or approval by the Weld County BOCC as required by C.R.S. § 32-1-202(2.1). Along with this, the plans seem to lay groundwork for the districts to avoid their obligation to secure approval from the Weld County BOCC for"material modifications" in the future as required by C.R.S. § 32-1-307(2). Finally, the plans contemplate exportation of services (water, by way of example)produced and paid for by ad valorem taxes levied in Weld County to locations outside the county. Specifically, the districts will provide services to a"service area" on a"regional" basis outside the districts' taxation boundaries. Yet Colorado's Special District Act makes no provision for regional districts, nor should Weld County property owners be taxed to export services to an expansive and undefined service area. On the contrary, by definition, the existential purpose of a metropolitan district is to provide services "for its inhabitants." C.R.S. § 32-1-103(10). Given the numerous flaws in the proposed plans, we urge the Weld County BOCC not to approve them. Failing that, we urge the BOCC to defer final action to allow further study and public input. However, if the BOCC determines to move forward, to the extent any of their mineral or other real property is to be included in either of these districts now or in the future,then pursuant to C.R.S. § 32-1-203(3.5), my clients hereby respectfully petition that their mineral rights and other real property be excluded from these districts. This is appropriate given that, although the description of proposed service plans is hopelessly vague, it is evident that HighPoint and Bonanza Creek have no need for and will not in any way benefit from the proposed services even though they will potentially be taxed heavily to pay for them. Sincerely, v\k, R. Kirk Mueller Davis Graham & Stubbs LLP Cc: Bruce Barker, Weld County Attorney Weld County Board of Commissioners c/o Esther Gesick, Clerk to the Board 1150 O Street Greeley, CO 80631 egesick@weldgov.com Enclosures RKM:lt BILL OWENS 1200 17111 STREET., SUITE 2400 DENVER, CO 80202 303-685-7464 November 12, 2018 Via Email Weld County Board of Commissioners c/o Esther Gesick, Clerk to the Board 1150 0 Street Greeley, CO 80631 egesick@weldgov.com Re: Sand Hills and South Beebe Draw Metropolitan Districts Dear Board Members: I have had the pleasure to meet several of you over the years and some might be aware that I am on the Board of Directors for HighPoint Resources Corporation ("HighPoint") which was formerly Bill Barrett Corporation. Likewise, some of you might be aware of the matter about which I write as you were serving on the Weld County Board of Commissioners when counsel for HighPoint appeared before you in 2014 to object to taxes being imposed by Sand Hills Metropolitan District ("Sand Hills"). Sand Hills and a related entity, South Beebe Draw Metropolitan District ("Beebe Draw"), operate within, but without proper approval of, Weld County. Both districts have been collecting millions of dollars in tax revenues on oil and gas production in rural Weld County in a manner which High Point believes is injurious to Weld County. Had those districts not collected those taxes, improperly and without County approval, many of the tax revenues would have been sent instead to Weld County and local entities within the County. I want to give you some background and an update as to recent developments involving these districts because their actions have a significant detrimental impact on Weld County and its taxpayers. A. Overview of Sand Hills Metropolitan District Sand Hills is a special metropolitan district located(until recently)in rural Weld County at property referred to as 70 Ranch. Sand Hills' territorial boundaries comprised 13,000 acres of ranch land and contained less than 10 inhabitants. Even so, commencing in 2009, Sand Hills collected tens of millions of ad valorem tax dollars from HighPoint, Bonanza Creek Energy, Inc. ("Bonanza") and Noble Energy Company("Noble")based on their production of oil and gas from reserves they own or lease beneath the Ranch. • Weld County Board of Commissioners November 12, 2018 Page 2 Neither HighPoint nor the other oil and gas producers dispute the authority of special districts to tax oil and gas production from mineral interests included within a special district pursuant to Colorado's Special District Act. Without objection, HighPoint pays taxes to scores of special districts in Weld County and elsewhere. However, HighPoint and the other producers dispute the legitimacy of taxation by Sand Hills and Beebe Draw based on their history of failing to comply with the Act. B. Background and Status of Sand Hills Litigation Sand I Iills was organized in 2004 and was originally named Altamira Metropolitan District No. 6. It was located entirely within the boundaries of the Town of Lochbuie and its original service plan — approved by the Town — stated that the district would build infrastructure for a residential housing subdivision within the Town's boundaries. The district sat dormant for years. Then, through a series of maneuvers commencing in 2009, the district changed its name and transplanted itself from Lochbuie to the isolated rural location at 70 Ranch some thirty miles away in unincorporated Weld County. The President of Sand Hills and the owner of 70 Ranch are the same man: Robert Lembke. In March 2009,Mr. Lembke filed a"Petition for Inclusion of Property"with the Sand Hills Board of Directors seeking to add his 70 Ranch property to the district. Not surprisingly, the board approved Mr. Lembke's petition. A year later, in April 2011, Sand Hills excluded its original territory in Lochbuie and thus the district was "transplanted" to a new location. Although Sand Hills did not give notice to nor seek the consent of HighPoint or the other producers to include their leasehold mineral properties within the district's new boundaries,it began levying ad valorem taxation on their mineral production. As of the end of 2015, Sand Hills had levied and collected more than$20 million in tax revenues from HighPoint and the other producers at 70 Ranch. Sand Hills levied taxes at a rate of 55 mills—the statutory maximum levy and far greater than typical levies of county governments or school districts. In 2013, when HighPoint and the other producers discovered that they were being taxed by a special metropolitan district in rural Weld County to purportedly fund infrastructure for a housing subdivision in Lochbuie and other projects far removed from 70 Ranch, they challenged Sand Hills' activities and bona fides. They pointed out that—among other things —Sand Hills'service plan said nothing about conducting operations in rural Weld County and had not been presented to nor approved by the Weld County Board of Commissioners as required by Colorado's Special District Act. In response,in December 2013, Sand Hills tendered an"updated and revised"service plan - not to Weld County but, instead, to the Board of Trustees of the Town of Lochbuie despite the fact that no Lochbuie property or taxpayers were within the district's boundaries. Sand Hills promised to deliver a check for $1.35 million to the Town to repair its reservoir, Lake Henry, if the plan was approved and, over objections by Bonanza,Noble Energy and HighPoint, the Board approved the plan in a four-to-three vote. Weld County Board of Commissioners November 12,2018 Page 3 HighPoint and the other producers filed suit against Sand Hills in Weld County District Court and in April 2015,the Court granted summary judgment in their favor. The Court declared that Sand Hills had illegally departed from its original service plan when it relocated to 70 Ranch and that the Town of Lochbuie lacked authority to approve the 2013 revised plan. The Court explained that the Town was "improperly enabling taxation of property and citizens beyond its boundaries" and that the "only legally available governing authority" that might have authorized Sand Hills' actions was the Weld County Board of Commissioners. Accordingly, the Court held that Sand Hills no longer had "governing authority," its actions after April 2011 were "null and void,"and that HighPoint and the other producers were entitled to a refund of taxes. The Colorado Court of Appeals upheld the Weld County District Court. See Bill Barrett Corp. v. Sand Hills Metro. Dist, et. al., 411 P.3d 1086 (Colo. App. 2016), cert. denied, No. 16SC877, 2017WL3978167 (Sept. 11, 2017) ("Sand Hills Litigation"). C. Sand Hills Files for Bankruptcy On remand, the Weld County District Court entered judgment in favor of HighPoint and the other producers in the principal amount of approximately $20,000,000 and awarded prejudgment interest which brought the total judgment to approximately$25,000,000. Despite the fact that Sand Hills had represented to the Court in 2014 that it had "other sources of revenues" with which it might ultimately satisfy any judgment, Sand Hills has less than $10 million in monetary assets. Sand Hills has these funds only because, in 2015,the District Court ordered it to segregate and not spend any unspent or newly collected revenues while the appeal was pending. In April 2018, Sand Hills filed for bankruptcy and, given its insolvency, HighPoint and Bonanza settled their judgment of $25,000,000 against Sand Hills for payment of the approximately $10,135,000 comprised of approximately $9 million that Sand Hills had preserved pursuant to the District Court's orders and a refund of the$1.35 million with which the district secured Lochbuie's approval of the revised service plan, and which the Town had,prudently and in good faith, placed in escrow pending resolution of the lawsuit. D. Beebe Draw Takes Over Sand Hills' Taxation of Weld County Property Within days of the Weld County District Court's 2015 decision stripping Sand Hills of governing authority, Sand Hills approved a new petition by Mr. Lembke to transfer his 70 Ranch property out of Sand Hills and into another special district upon whose board of directors he also sits, i.e., Beebe Draw, whose activities and boundaries are located near Brighton and other locations in Adams County. Although this transfer once again exposed property located in Weld County to taxation, no notice was given to the Weld County Board of Commissioners nor to HighPoint or the other taxpayers. Once again, HighPoint and the other producers filed suit in Weld County — this time against Beebe Draw ("Beebe Draw Litigation") —raising many of the same objections they had raised previously in regard to Sand Hills. Weld County Board of Commissioners November 12, 2018 Page 4 Preferring to litigate the dispute in Adams County rather than Weld County, Beebe Draw succeeded in getting the case transferred and — in contrast to the Weld County District Court's holding in the Sand Hills Litigation—the Adams County Court held that the transfer of 70 Ranch property to Beebe Draw was legal. However,the Colorado Court of Appeals has recently reversed the Adams County District Court with regard to a key issue, holding that HighPoint and the other producers are likely to prevail on their claim that Beebe Draw (like Sand Hills before it) did not secure proper approval of the revised service plan pursuant to which it has been taxing oil and gas production at 70 Ranch since 2015. Beebe Draw has, since 2015, collected more than $15 million in revenues from HighPoint and other producers in Weld County. In April 2018, the Court of Appeals issued an injunction directing the Weld County Treasurer to hold and not disburse approximately $7,000,000 in tax revenues certified by Beebe Draw and paid that same month by the producers to the Treasurer until the appeal is resolved. However, if Sand Hills' is any example, it appears unlikely that Beebe Draw will be able to repay in full the$15,000,000 it previously collected from HighPoint and other producers and taxpayers at 70 Ranch. E. Beebe Draw Violates IGA With Weld County A critical issue in the Beebe Draw Litigation, and one of importance to Weld County, is the district's reliance on a December 18, 2013 "Intergovernmental Agreement" ("IGA") (copy attached) with Weld County. Beebe Draw purports that, by virtue of this IGA, Weld County essentially gave it blanket approval to include Weld County property —including 13,000 acres at 70 Ranch along with HighPoint and the other producers' minerals — into its boundaries without the need for the Weld County Board of Commissioners to approve such inclusions. In fact, the IGA permits the inclusion of property "only where the property owner has voluntarily consented to such inclusion" and requires the district to secure the "consent of the property owners and service users affected by"the inclusion of Weld County property. The IGA states that if Beebe Draw includes property without the owner's permission, such inclusion would require an amendment to its service plan which amendment must be approved by the Weld County Board of Commissioners. HighPoint and the other producers own their mineral leases and these leasehold rights are "real property" under settled Colorado law. Moreover, HighPoint and other producers are putative"service users"and are clearly"affected"by the inclusion inasmuch as they have paid millions in tax revenues to Beebe Draw. Despite this, in contravention of the IGA, Beebe draw did not solicit the producers' consent, nor did it give them notice that it would include their property within its boundaries. Accordingly, per the IGA, Beebe Draw's actions are tantamount to a "material modification" of its service plan which modifications require approval by the Weld County Board of Commissioners. Weld County Board of Commissioners November 12, 2018 Page 5 It is our understanding that the IGA was intended as a pre-approval of an anticipated petition by an entity called Highland Equities, LLC to include less than 2 acres it owned within Beebe Draw,rather than the subsequent inclusion of 13,000 acres of land 70 Ranch which occurred several weeks later. It is telling that Beebe Draw gave notice to the Weld County Attorney of the minor inclusion of Highland Equities property yet, upon belief, gave no notice of the inclusion, three weeks later, of the 70 Ranch property. Indeed, Beebe Draw takes the position that, having included the Highlands Equities property in April 2015, it need not henceforth obtain approval to include any additional Weld County property within its boundaries. The argument is based on language in C.R.S. § 32-1- 207(2)(a) stating that "inclusion of property that is located in a county...with no other territory within the special district may constitute a material modification" that the county board of commissioners must consider." From this language, Beebe Draw argues that if a county already has property within a special district, it need not thereafter consent to the inclusion of any additional property. Confusingly, the Court of Appeals agreed with this analysis and ruled in the Beebe Draw Litigation that because Beebe Draw's boundaries already included property located in Weld County,no further permission from the County was required to include the 70 Ranch property. At the same time,however,the Court ruled that Beebe Draw's revised 2013 Service Plan—pursuant to which it undertook to include and provide services at 70 Ranch—was a"material modification" of its original service plan for which it did not secure appropriate approval from Adams County as required.' At this point, if Beebe Draw seeks to obtain proper approval of its service plan in the wake of the Court of Appeals decision, it will need to obtain approval from Weld County as well. See 32-1-201(1)("The board of county commissioners of each county which has territory included within the proposed special district...shall constitute the approving authority under this part 2"). Notably,the Court declined to decide whether Beebe Draw violated the IGA although,as set forth above, Beebe Draw clearly did so by including property without the consent of the property owners. F. Diversion of Revenues Away from Weld County The vast majority — 87.5% —of the ad valorem tax revenues collected by Sand Hills and Beebe Draw are deductible from production severance taxes that would otherwise be paid to the State of Colorado. Approximately half of these severance taxes are used to fund the Department of Natural Resources' operations, including the Colorado Oil and Gas Conservation Commission. The other half goes to the Department of Local Affairs which delivers its share to county and local governments. Thus, a substantial portion of the tens of millions of dollars these two districts have 1 The Court of Appeals' decision in the Beebe Draw Litigation contains errors of fact and law and is self-contradictory. HighPoint, Bonanza and Noble are preparing a petition for writ of certiorari review by the Colorado Supreme Court. Weld County Board of Commissioners November 12, 2018 Page 6 collected from HighPoint and others would have been delivered, instead, to Weld County or localities within the County. Sand Hills and Beebe Draw have"jumped line"on Weld County and the State of Colorado in order to pursue undisclosed "developments" in Adams County "among other"places. As noted at the outset, HighPoint pays ad valorem taxes to scores of special districts without objection and has no issue with being included in properly organized special districts supervised by the appropriate governmental entities as required by the Special District Act. Neither Sand Hills nor Beebe Draw have complied with the Act with regard to 70 Ranch, and it is not just HighPoint that has been injured by these districts. Weld County, too, has been impacted in several ways including: 1. Neither Sand Hills nor Beebe Draw ever presented a service plan or modified plan to the Weld County Board of Commissioners for review and approval despite the fact that both districts have, between them, collected over $35,000,000 (not counting $7,000,000 levied by Beebe Draw currently being held by the Weld County Treasurer by order from the Colorado Court of Appeals) in tax revenues from property located entirely in rural Weld County. 2. Sand Hills and Beebe Draw's service plans contemplate the provision of services to benefit"developments"outside of Weld County, i.e., developments wholly within the Town of Lochbuie or in Adams County"among others" with revenues raised from taxpayers in rural Weld County. 3. In the absence of public notice and oversight called for by the Special District Act and presided over by the Weld County Board of Commissioners,taxpayers within the county have been deprived of an adequate forum and process (other than pursuing protracted and expensive litigation) in which to comment on, consent or object to being taxed by Sand Hills and Beebe Draw. 4. Beebe Draw is exploiting the December 2013 IGA and provisions in the Special District Act to annex property in Weld County without review and approval by the Weld County Board of Commissioners. 5. The activities of Sand Hills and Beebe Draw, paid for with tax revenues, compete with private individuals and companies engaged in the business of supplying water and other services to customers. 6. Sand Hills and Beebe Draw are diverting for their own purposes substantial sums of tax revenues that would otherwise be paid to Weld County and local governments within the county. Weld County Board of Commissioners November 12, 2018 Page 7 Sand Hills has committed to dissolve itself once the bankruptcy is resolved. Regardless, on behalf of HighPoint, I respectfully urge this Board to be vigilant with regard to Sand Hills and, more importantly,with regard to Beebe Draw. In particular,the Board should reconsider its IGA with Beebe Draw and review Beebe Draw's current 2013 Revised Service Plan which High Point contends(and the Court of Appeals agrees)has not been properly approved by Adams County and which has never been presented for review and approval to Weld County. Thank you for your attention to and consideration of these matters. I apologize for the length of this letter but felt it worthwhile to outline for you in some detail an issue which has a huge impact on Weld County as well as the parties involved in the litigation. I would be happy to answer any questions or provide additional information if you would find it useful. Sincerely, Bill Owens Enclosure cc: Bruce Barker, Weld County Attorney Frank Haug, Assistant Weld County Attorney • Weld County South Beebe Draw Metropolitan District Intergovernmental Agreement Concerning inclusion of Property This Intergovernmental Agreement Concerning Inclusion of Property("IGA")is made and entered into to be effective the /S day of nede 1heY` ,2013,by and between WELD COUNTY(the"County"), a body corporate and politic of the State of Colorado,and SOUTH BEEBE DRAW METROPOLITAN DISTRICT("South Beebe"),a quasi-municipal corporation and political subdivision of the State of Colorado. RECITALS A. South Beebe is an existing and validly operating metropolitan district originally organized in 1985 after approval of its service plan by Adams County. B. Since its organization,South Beebe has assumed regional governmental responsibilities to provide storm drainage facilities and services in the South Beebe Draw Basin,which Basin includes property in both Adams and Weld Counties. C. South Beebe has received petitions for inclusion of certain parcels of land located within unincorporated Weld County. The land will be used for storm drainage ponds and facilities to serve anticipated development in the area. D. South Beebe has no other property within its boundaries that lies in unincorporated Weld County,therefore,pursuant to statute,South Beebe advised the County of the petitions and requested that the County find that the inclusions do not constitute material modifications of the South Beebe service plan. E. The County is willing to consent to the inclusion of property into South Beebe within Weld County pursuant to this IGA. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the County and South Beebe agree as follows: AGREEMENT 1. Purpose and General Intent. Although the County is willing to consent to the inclusion of property into South Beebe within unincorporated Weld County,the County has also determined that special districts should not include property or provide services outside their boundaries without the consent of the property owners and service users affected by such actions or where other governmental entities provide such services. The purpose of this IGA is to limit South Beebe to the inclusion of property only where the property owner has voluntarily consented to such inclusion and where other 1 ( )e)/ Tc} governmental entities do not already provide the same services or,only where other governmental entities voluntarily consent to provision of services by South Beebe pursuant to an intergovernmental agreement if the boundaries of the other government and South Beebe overlap. 2. Consent to Inclusion. The.County consents to the inclusion of property into South Beebe in unincorporated Weld County so long as: a. South Beebe receives a petition from a landowner for such inclusion; b. South Beebe acts in accordance with the provisions of§32-1-107,Colorado Revised Statues,with regard to overlapping special districts; c. South Beebe acts in conformance with the provisions of§32-1-207(2)(b)-(d),Colorado Revised Statues,with regard to the provision of service in unincorporated Weld County and, in particular,South Beebe shall not impose extraterritoria fees on any landowner in unincorporated Weld County without the written consent of such landowner; and d. South Beebe does not attempt to include property without the consent of the landowner utilizing the provisions of§32-1-401(2),Colorado Revised Statues. 3. Material Modification if Breach. South Beebe Draw agrees that if the inclusion of property into its boundaries that lies within unincorporated Weld County occurs in contravention of any of the provisions of paragraph 2 above,such action shall constitute a material modification of its service plan and South Beebe shall be subject to a service plan amendment process with the County and the inclusion of property which triggers such service plan amendment shall be ineffective until such time as the Board of County Commissioners of Weld County approve such service plan amendment. 4. General Provisions. a. NOTICES. Any notices,demands or other communications required or permitted to be given,shall be given in writing,delivered personally or sent by U.S. Mail,addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter or from time to time designate by written notice to the other Party given in accordance herewith. To the District: South Beebe Draw Metropolitan District c/o Community Resource Services 7995 E Prentice Ave#103E Greenwood Village,Colorado 80111 With a copy to: Miller&Associates Law Offices, LLC 1641 California St,#300 2 • Denver,Colorado 80202 Attention: Dianne D.Miller, Esq. To the County: Weld County Attorney P.O. Box 758 1150 O Street Greeley,Colorado 80632 Any legal notices required to be delivered to landowners or required to be published regarding a petition for the inclusion of property by South Beebe shall be published in the Greeley Tribune if the property which is the subject of the inclusion is situate in Weld County. b. ASSIGNMENT AND DELEGATION. The rights,or any parts thereof,granted to the Parties herein may not be assigned. The obligations,or any parts thereof,of the Parties may not be delegated. c. NO THIRD PARTY BENEFICIARIES, It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. it is the express intention of the Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. d. AMENDMENT AND MODIFICATION. This Agreement may be amended or modified only in a writing signed by both Parties. e. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties relating to the subject matter herein and sets forth the rights,duties and obligations of each Party to the other as of this date. Any prior agreements,promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. f. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or invalid,the unenforceable or invalid part shall be deemed severed from this Agreement,and the remaining portions of this Agreement shall be carried out with the same force as if the severed portions had not been part of this Agreement,provided that the Parties both agree that the severed provision does not alter the intent and/or purpose of the Agreement. g. NO WAIVER. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provisions of this Agreement,nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein,nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder, • 3 • h. GOVERNMENTAL IMMUNITY. Nothing herein shall be construed as a waiver of the rights and privileges of the County or the District pursuant to the Colorado Governmental Immunity Act, §24-10-101,et seq.,C.R.S.,as amended from time to time. i. COUNTERPART EXECUTION. This Agreement may be executed in several counterparts, each of which shall be deemed an original,and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,Weld County and South Beebe Draw Metropolitan District have executed this intergovernmental Agreement to be effective as of the date first above written. WELD COUNTY • W1 liam F. Garcia, Chair Attest: `""�' AIN' *�►� Clerk to the Board DEC 18 2013 •�! 61 �r.v11:= Deputy C erk to the Boar S ,, BEEBEDRAW METROPOLITAN DISTRICT Robert A. Lembke,Chairman and President Attest: a' pelt A. KORP iSTPAe -5acrerrrke Approved as to Form: 4 Miller&Associates Law Offices,LLC General Counsel to South Beebe Draw Metropolitan District 5 EXHIBIT lab M Eng soma ... , • _ „ • . _._ ... _ . . _ . . :.. . • .. . .. . . . .. • ___.._ . . i .. ... _ _ _a. . . , . _ , _ . . a S ! ! , 'ile_ien H , 1 r ris '; ! i ( 0 cii 1 rillilliPillid- . ilk, 1, a bium:sci s . ._ .. ... . , . ... _ ,. . . . ..._ . . ..., . . . . • i ._ . . ._ . .... (..) , _. . . . , . . . • . . ,1. _ L An ' ]i r T (4. (-1‘\ ' n I ! ' I s) ,rte 1 y __. : • .- - - . . $:; L:peSt‘le ,..,J ... vs "NW Hearing the Weld CountyBoard of oun Commissioners , September iS , 2 019 REQUESTED REVISIONS TO PLATTE RIVER METROPOLITAN DISTRICT SERVICE PLAN L The Petitioner inadvertently failed to include the acreage and assessed valuation of the Initial Boundaries in the Service Area acreage and valuation . The addition of the Initial Boundaries increases the acreage from 16,481 . 03 to 16, 535 . 06 and the assessed valuation from $ 887, 060 to $ 887, 520 . The following revision is proposed : IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 16,535 . 06 acres of land. The current assessed valuation of the Service Area land is assumed to be $ 887, 520 for purposes of this Service Plan . 2 . The Petitioner requests that the definition of Service Area be amended to : Service Area means the land within the Initial District Boundary Map and the land with the Inclusion Area Boundary Map . Service Area also includes all land subject to intergovernmental agreements between the District and other units of local government. 3 . The Petitioner requests that the definition of "Included Area Boundaries" be amended to : Inclusion Area Boundaries means the boundaries of the area described in the Inclusion Area Boundary Map, if any, together with land owned by 70 Ranch, L . L .C . , now or in the future, and land owned by affiliates of 70 Ranch, L . L . C . , now or in the future . 4 . The Petitioner requests that additional language be added to Section V .A . , "Powers of the District and Service Plan Amendment, " as follows : The District shall not provide potable water service to any land within its Initial or Inclusion Boundaries if such land is already included within the boundaries of another water district unless that water district consents to the provision of service by this District. EXHIBIT 3 EXHIBIT § F m ET Iq -coo 2 4 . Inclusion limitation . The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC . Inclusions or exclusions not described in this Service Plan shall require compliance with this paragraph 4 . For inclusions or exclusions of property now or hereafter owned by the 70 Ranch , L . L . C . , or affiliates of 70 Ranch, L. L . C . , forty five (45 ) days written notice of the proposed inclusion or exclusion shall be given to the BOCC . For inclusion or exclusion of property not owned by 70 Ranch , L. L. C . , or affiliates of 70 Ranch , L. LC . , the District shall provide a forty-five day notice publication and written notice to the BOCC pursuant to Section 32 - 1 -207 ( 3 ) ( b ) , C . R . S . If within 45 days of the receipt of such notice , the BOCC expresses to the District a written objection to the proposed inclusion or exclusion , then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32 - 1-207 ( 2 ) , C . R . S . EXHIBIT I 6 Meer K1 -603 Platte River Metropolitan District Continued Hearing before the Weld County Board of County Commissioners September 23 , 2019 SERVICE PLAN REVISIONS II . DEFINITIONS Service Area means the property land within the Initial District BoundarBoundary Map and the land within the Inclusion Area Boundary Map . Service Area also includes all property land subject to intergovernmental agreements between the District and other units of local government located within \Veld County . IV. PROPOSED AND ASSESSED VALUATION IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 16 , 535 . 06 acres of land . The current assessed valuation of the Service Area land is assumed to be S88752O for iniivoses of this Service Plan . The Service Area consists of approximately 16 . 4g1 .03 acres of land . The current assessed valuation of the Service Area is assumed to be S8 $ 7 . 060 for purposes of tlli4 Service Plan . V DESCRIPTION OF PROPOSED POWERS , IMPROVEMENTS AND SERVICES A . Powers of the District and Service Plan Amendment . The District shall have the power and authority CO provide the Public Improvements within and without the boundaries of the [) istrict as such power and 'authority are described 111 the Special District Act . and other applicable statutes , common law and the State Constitution , subject to the limitations set torch herein . The District shall not provide potable water service CO any land within its Initial Boundaries or its Inclusion Area Boundaries if such land is already included within the boundaries of another water district unless that water district consents to the provision of service by this District : or . if the water provider is an entity other than a water district , than the BOCC must consent to the provision of potable water service by this District . The District shall define such further and other Public Improvements deemed appropriate CO meet the goals of the District; provided , however , that all Public Improvements constructed by the District shall be located within Weld C ounty . V. DESCRIPTION OF PROPOSED POWERS , IMPROVEMENTS AND SERVICES A . Powers of the District and Service Plan Amendment . The District shall have the power and authority CO provide the Public Improvements within and without the boundaries of the [) istrict as such power and authority are described in the Special District Act , and other applicable statutes . common law and the State Constitution . subject to the limitations set forth herein . The District shall not provide potable water service to any land within its Initial Boundaries or its Inclusion Area Boundaries if such land is already included within the boundaries of another water district unless that water district consents to the provision of service by this District ; or, if the water Provider 1S an entity other than a water d1StI1Ct , then the B () CC must consent to the provision of potable water service by this District . All Public Improvements constructed by the [) istrict shall be located within Weld County . V. A . 4 . Inclusion and exclusion limitations For inclusions or exclusions of property, forty-five (45 ) days written notice of the proposed inclusion or exclusion shall be given to the Board of County Commissioners in the manner specified in Section 32 - i -207 ( 2 ) (b) , C . R. S . If within 45 days of the receipt of such notice , the Board of County Commissioners provides to the District a written objection to the proposed inclusion or exclusion , then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 3 ? - 1 -2U7 (? ) , C . R . S . All inclusions and exclusions will comply with the provisions of Title 32 requiring publication of notice of the public hearing by the District on the inclusion or exclusion petition . The District shall not include any property within its boundaries that are within the boundaries of another Title 32 district unless the other Title 32 district consents to the simultaneous exclusion of property and causes such exclusion to occur . The purpose of this provision is to prohibit overlapping districts 011 property within a single tax year . V. A . 5 . Reserved . Use of Water . To the extent of the District ' s ownership of storage in any reservoir . and subject to carriage , evaporation and evapotranspiration losses for such water . the water stored and released in the District , s storage space shall be used for : (a ) direct non -potable delivery to water users within Weld County. Colorado ; (b ) augmentation of depletions which . if not augmented . would have an impact on any river . stream or groundwater located in Weld County , Colorado ; replacement of diversions by release of such stored water into a river or stream, a canal or a recharge or other groundwater management facility in Weld County Colorado ; or . ( c1 ) exchange or transfer to another reservoir to facilitate either (a ) . ( or ( c ) above . V. B . Primary Infrastructure Plan The L) istrict shall have authority to provide for the planning , deS1gI1 . acquisition, construction , installation , relocation , redevelopment . maintenance and t1I1a11C111g of the Public Improvements within and without the boundaries of the District . The Primary Infrastructure Plan , including : ( I ) a description of the Public Improvements to be developed by the District : and ( 2 ) an estimate of the cost of the Public I111pTOveIT1eIltti is attached hereto as Exhibit D . AS shown 111 the Primary Infrastructure Plait the estimated cost of the Public Improvements which may be planned for . designed . acquired . constructed . installed, relocated, redeveloped, maintained or financed by the District will be dependent on the design of the Public Infrastructure with the users thereof. The District shall describe such further and other Public Improvements deemed appropriate to meet the `O11S of the [) istrict and provide notice of such description YO the Board of County Commissioners of Weld County within forty - five (45 ) days thereof. All Public Improvements constructed by the District shall be located within \\' dci ( ountv . VI . H . District ' s Operating Costs The District shall impose a mill levy for debt . capital costs . operations and maintenance expenses for its Public Improvements . all of which shall be within Weld County . Operation and maintenance expenses include all reasonable and necessary current expenses of the District , paid. accrued. or reserved for operating . maintaining , and repairing the Public Improvements, including without limitation legal and overhead expenses of the District directly related to the administration of the Public Improvements . insurance iremiums , audits . charges of dnository banks and paying agents . professional services . salaries and administrative expenses , labor , the cost of materials and supplies for current operation : the amount required to be paid as a rebate obligation to the United States of America as required in order to avoid impairing the exclusion from gross income for purposes of the federal income tax of tile interest Paid or to be paid thereon , allowance for depreciation , franchise fees , and legal liabilities based on contract . Debt and capital costs include all funds paid . accrued or reserved for the acquisition of land, easements , facilities , water rights , and equipment (other than ordinary repairs and replacements ) , and the construction or reconstruction of improvements . betterments . and extensions . for use by or in connection with the Public Improvements , together with the principal , interest , reserves , surplus funds, administrative costs to paying, agents , re . i strars , and costs of issuance related to the issuance of debt obligations by the District . Capital improvements shall be paid from, and shall he subject to the limitations , relating to Debt provided above . Issue of consent for inclusion The current state of the law is expressed in oi8 COA i34 Bill Barrett Corporation and Bonanza Creek Energy, Inc . , Plaintiffs -Appellants , and Noble Energy, Inc . , Intervenor -Appellant , v. Robert Lembke ; 7o Ranch L . L . C . ; South Beebe Draw Metropolitan District , f/ k / a Bromley Park Metropolitan District No . , ; and United Water and Sanitation District , Defendants - Appellees . No . 17CA1616 Court of Appeals of Colorado , Division A September 6 , 2018 SUMMARY September 6 , 2018 2018C (i)A13 -1 No . 17CMG1f. _ . B3.-lltet_t. _ (_'orp . v . ,_ LeonUlte — Government - Special I)isti•icts - Inclu si oil of Territory — Material 1\ lodili ca ti on of Service Plan ; Civil Procedure — Injunctions — Preliini nary Jnj unctions This case addresses denial of a preliminary injunction , for failure to show a reasonable probability of success on the : merits, to prevent a special district from taxing minerals held by owners of a severed mineral estate and extracted by their surface lessees . The division agrees with the trial court that section 32e1e401 ( 1 ) (a) . C . R . S . 2017 , of the Special District Act does not require consent of mineral estate owners and their lessees to expand the boundaries of a special district . The division also agrees that t1wspeciaJ district' s power to tax was not limited by an overlap in services with another district . if 37 The Coquina rationale is persuasive here . Because a mineral estate lessee ' s interest is temporary, its perspective on being included in a special district would be short term and potentially myopic . As well , a special district would possibly have to secure consent from each successive lessee . Thus , we agree that Maralex cannot be read as broadly as lessees assert . • if 38 Given all this , we decline to treat mineral lessees as fee owners for purposes of the statute . [ 6 ] Still , our conclusion that each owner of the severed mineral estate beneath the 70 Ranch is a " fee owner " under the statute does not end the inquiry. Does a Severed Mineral Estate Constitute " Real Property Capable of Being Served With Facilities of the Special District " Under the Statute ? if 47 So , while ownership of a mineral estate is a fee simple interest , we further conclude that it is not " real property capable of being served with facilities of the special district " under the statute . Therefore , the owners of the severed mineral estate underlying the 70 Ranch did not have to petition for or consent to the inclusion . Need theDistrict (37 COLLABORATING ON COLORADO'S WATER PLAN WATER FUTURE Home The Plan = The Basins w Analysis and Technical Update vr Implementation • Learn More The Plan Download the entire Colorado's Water Plan using the attachment at the bottom of the page . Download the Executive Summary _______ „.........._ _ N df th D • t • t____________ . . , ........_,.........„ South a River r _ _.„.__ ______ __ _i_i Potential strategies � include: eeas VVi Conservation and reuse multipurpose Gapwater • projects Agricultural transfers c.,, _ Ai- _ _ rte' Ca _ - ` e - - _3 }Colorado River basin � �- _ 41,...„ ≥5 _c1 supplies Storage Water Supply r, - --.. . namil_tscasts. : . 4,44 A jegahE . :II At C.,,yr s_ Ag " . www . sout hplattebasin . 61N Pin ns, jrn 1 ( je. "Ili .4, ar :_': 4.1* \el €.(sit • ''::- _ . ID eli-,_,.d* M \ IT i ` I 11 { � 41 . ► I fg;."4 40, To see what other parts of the state are doing, please visit: www. coloradowaterplan . corn Distrk± ______ Need for the 1P4) . i xv.Lf 1 4 - 1 1...Ranainamg Gam. _54. )00 MY IP? 31 300 .AFT _ . .-- ' 5�EIK�N'Kk Rnua Gap 41.Sbb Af31' LOGAN �' • I ' �1 ` JLitman is• GIP 200 AFT • [ P: I7OOAFY 1 r • ` I Ritttetl Gap 3• r AfY rani IPi ., \ r -'I ' :1_4.1 ;kr 1' -14.,...0111 rift. R7untntue Gap 100 AFY - _a sr a f 11 t . •. alit _ 4 -A ; ,e ti1W `•.' OAFY IPP t1AWAF'ti" IPP6l04 JY aj 12.200 AfY R,muwuia G� 9jQ -� F Gaps 8:4 AF3' 1 ' L _ _ / • a .r " t t i iP'P. U AF Y _• _ BOULDER DEiI I _, IPP- _'4.1 W AF Y r' Refs Gap 140 AFT r, • .•r Rennin: G ti/ 700 . 3[1�Rt� f,{______ ITIIA [PP 3(0 FY • L-: / / Renting 2130 MY \ _ ' Ake I . t I i ADAMS IL SflIM ON • + . ,.• ri lit .V• GI P N 1 I IPP 3 7.4CU �F�' .. ma 64:-.0 /II • • GEAR IPP COMFY MESAA ra y t, ir r.� r_ Rtttt�t�tttt Gap 300AFY [PP 35300 A T ..,• • - t - . 9 — Gap 21.9*AISc' • ft_.—AIM' 1PFP 1.200 1 pp-- 1 • ► ---3 --j ..r . Rassunin; Clap. isi.V'.F1 .IF• KIT t ‘ , [PP '6100 An CAR sot _ - ✓ ` tearasi #fir Cap 16.200 AFT LINCOLN 1PP 10 iD0 AI ' all 1 I Rainuunir Cap 12.300 All ` E LBERT --r— '''. IPP '�►: .�fl TP'P 100 MY PARK 1 IPP n �fi' I Rnru�nR Gtr ;CUAF�'kruumtu $ ot1t1 l ' ' ° • EL PASO ,r - W ) rtiruPeu9etf.apr \\\ ' 1TELLER4(10 ATY' � i. � Legend \ CHEYENNE SIP ISA No Gap IBPatilked Rasa.rasp I Rasta a . Gap 1 00 AFY I ' "Blued as2454 Maras Sewi • Twat Gni al MI AMY • •1 _ l 9.e�r•�s t r,.s. esAw Thu AND Figure S-3 . Remaining Gap by county ( 65 % IPP Success Rate in the South Platte Basin and 88 % IPP Success Rate in the Metro Basin ) IMIP MIR -r II • rare wo.mira 4 • r r' fir► •�•� allar • A jot; • zniminial ASV C i • (4 • Wei win ■ Asir ocicl I I ea drys nip rwa • EXHIBIT Cheryl Hoffman „itt.„ From : Bob Choate Sent: Monday, September 23 , 2019 8 :24 AM To : Esther Gesick; Cheryl Hoffman Subject: FW: MET19 - 0001 and MET19 - 0002 Importance: High Here ' s another exhibit for today' s hearings . Thanks, Bob Choate Assistant Weld County Attorney ( 970 ) 400-4393 From : Kathy Naibauer < kathy@cwcwd . com > Sent : Sunday, September 22 , 2019 8 : 50 PM To : Bob Choate < bchoate@weldgov . com > Cc : Drew Damiano < drew@unitedwaterdistrict . com >; Stan Linker < Stan@cwcwd . com > Subject : MET19 -0001 and MET19 -0002 Importance : High Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bob , Drew Damiano provided me with a revised service plan for MET19 -0002 yesterday . Due to the language included in item V . A . 4 . which states " The District shall not include any property within its boundaries that are within the boundaries of another Title 32 district unless the other Title 32 district consents to the simultaneous exclusion of property and causes such exclusion to occur " . Central Weld requests that the following parcels, be removed from the inclusion area identified in exhibit C- 2 , as Central Weld is a Title 32 district and the parcels noted are already included in our district . 096336300029 096531100039 096531100038 096533200034 096533100032 096533100031 Thanks , Kathy 1 Che I Hoffman From: Bob Choate Sent: Monday, September 23, 2019 10: 19 AM To: Commissioners Cc: Bruce Barker; Esther Gesick; Cheryl Hoffman Subject: CWCWD request to exclude property from inclusion area Commissioners, Per the email from Kathy Naibauer on behalf of CWCWD to exclude certain properties from the inclusion area of each of the service plans presented today, I made a map based on the parcel numbers in her email . See below . NORTH WELD COUNTY WATER NWC u wry, x`80 1 1, 1 111111, � 1 _ 111 1 - 'ELD COU WATER (CWC ) `? _ ( ¶ • R 50 V WC 48 Bob Choate Assistant Weld County Attorney 1150 ' O ' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . 1 XH!B r. Colorado Supreme Court DATE FILED : September 23 , 2019 2 East 14th Avenue CASE NUMBER: 2018SC760 Denver, CO 80203 Certiorari to the Court of Appeals, 2017CA1616 District Court, Adams County, 2017CV68 Petitioners : Bill Barrett Corporation ; Bonanza Creek Energy, Inc . ; and Supreme Court Case No : Noble Energy, Inc . ; 2018SC760 va Respondents : Robert Lembke, 70 Ranch L. L . C . , South Beebe Draw Metropolitan District f/k/a Bromley Park Metropolitan District No . 1 , and United Water and Sanitation District. ORDER OF COURT Upon consideration of the Petition for Writ of Certiorari filed in the above cause, and now being sufficiently advised in the premises , IT IS ORDERED that said Petition shall be , and the same hereby is , GRANTED as to the issue(s) set forth below, and the briefs shall be filed as follows : (a) Petitioner ' s Opening Brief shall be filed within forty-two days from this date ; (b) Respondent' s Answer Brief shall be filed within thirty- five days from receipt of the Opening Brief; (c) Petitioner' s Reply Brief may be filed within twenty- one days from receipt of the Answer Brief. Pursuant to CJD 11-01, all briefs must be submitted by either (1) directly uploading the document from a word processing format to the E-Filing system, or (2) electronically converting the document from a word processing format into a PDF format and then directly uploading the PDF document to the E-Filing system. Briefs shall not be uploaded into the E-Filing system in any manner that prevents the Court from employing enhanced search functionality within the document. Briefs should not be uploaded into the E-Filing system as scanned or graphic images. Pursuant to C.A.R. 54(a), the record on file will be treated as though sent up in response to a formal writ. The issues as announced by the Court this day are as follows: [REFRAMED] Whether the court of appeals erred in concluding that, for purposes of section 32-1-401(a), C.R.S. (2019), only an owner, and not a lessee, of a severed mineral estate qualifies as a "fee owner." [REFRAMED] Whether section 32-1-401(a), C.R.S. (2019), permits the inclusion of real property into a special taxing district, when (1) the inclusion occurred without notice to or consent by the property's owners and (2) that property is not capable of being served by the district. DENIED AS TO ALL OTHER ISSUES. BY THE COURT, EN BANC, SEPTEMBER 23, 2019. E* IT /y SERVICE PLAN FOR t PLATTE RIVER METROPOLITAN DISTRICT, WELD COUNTY, COLORADO Prepared by : Miller & Associates Law Offices, LLC 1641 California Street, Suite 300 Denver CO 80202 Submitted : June 27 , 2019 Approved : TABLE OF CONTENTS I. INTRODUCTION 1 A.Purpose and Intent 1 B.Need for the District 1 C. Objective of the County Regarding District's Service Plan 1 II. DEFINITIONS 2 III. BOUNDARIES 4 IV. PROPOSED LAND USE AND ASSESSED VALUATION 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 4 A.Powers of the District and Service Plan Amendment 4 1. Operations and Maintenance Limitation 5 2. Construction Standards Limitation 5 3. Privately Placed Debt Limitation 5 4. Inclusion Limitation 5 5. Initial Debt Limitation 6 6. Total Debt Issuance Limitation 6 7. Monies from Other Governmental Sources 6 8. Consolidation Limitation 6 9. Eminent Domain Limitation 6 10. Service Plan Amendment Requirement 6 B. Primary Infrastructure Plan 7 VI. FINANCIAL PLAN 7 A.General 7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount 8 C. Maximum Debt Mill Levy 8 D.Maximum Debt Mill Levy Imposition Term 8 E.Debt Repayment Sources 9 F.Security for Debt 9 G.TABOR Compliance 9 H.District's Operating Costs 9 I. Elections 10 VII. ANNUAL REPORT 10 A.General 10 B. Reporting of Significant Events 10 VIII. DISSOLUTION 11 IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS 11 X. MATERIAL MODIFICATIONS 11 XI. CONCLUSION 12 LIST OF EXHIBITS EXHIBIT A Legal Descriptions EXHIBIT B Vicinity Map EXHIBIT C-1 Initial District Boundary Map EXHIBIT C-2 Inclusion Area Boundary Map EXHIBIT D Primary Infrastructure Plan EXHIBIT E Financial Plan I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County and, except as may otherwise be provided for by state or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated taxpayers and service users of the District. The purposes of the District will be: a) to finance the construction of Public Improvements and to provide water on a "wholesale" basis to other governments or entities that provide water to individual users, and b) to provide maintenance of the Public Improvements. This Service Plan has been prepared in accordance with Article )UV of Chapter 2 of the County Code. B. Need for the District. There are currently no other governmental entities, including the County, that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District or from revenues received from government and other entities through intergovernmental agreements, or from fees, rates, tolls and charges imposed by the District or by other governments. Any Debt that is issued from tax revenues levied by the District is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The District anticipates it will provide for the Public Improvements associated with the Project and those regional improvements necessitated by the Project. Ongoing operational and maintenance activities are allowed,but only as specifically addressed in this Service Plan, and only to the extent that the District has sufficiently demonstrated that such operations and maintenance functions are in the best interest of the County and the existing and future taxpayers and service users of the District. In no case shall the mill levies imposed by the District for debt service and operations and maintenance functions exceed the Aggregate Mill Levy Cap. It is not the intent of the District to dissolve due to the complex and ongoing maintenance functions for the Public Improvements. The District shall be authorized to finance those Public Improvements that can be funded from: a) Debt to be repaid from tax revenues collected within the boundaries of the District from a mill levy which shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term, or b) revenues received by the District from other governments, or c) fees, rates, tolls and charges imposed by the District through intergovernmental agreements, or d) fees, rates, tolls and charges imposed directly by the District on property within its boundaries. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. However, the District is authorized to construct and acquire facilities without resort to financing and anticipates that it will construct and acquire Public Improvements utilizing both Debt, revenue financing and through direct payment. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Aggregate Mill Levy Cap means the maximum aggregate mill levy the District is permitted to impose for debt service and operations and maintenance, as set forth in Subsection VI.H below. Approved Development Plan means a development plan or other process established by the County (including but not limited to approval of a Planned Unit Development final plan or Subdivision final plat by the BOCC) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the County pursuant to the County Code and as amended pursuant to the County Code from time to time. Board means the Board of Directors of the District. BOCC means the Board of County Commissioners of the County of Weld, Colorado. Bond, Bonds or Debt means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy. County means the County of Weld, Colorado. County Code means the Weld County Code, as the same may be amended from time to time. District means the Platte River Metropolitan District. External Financial Advisor means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and(3)is not an officer or employee of the District. Financial Plan means a Financial Plan described in Section VI below which is prepared by an External Financial Advisor in accordance with the requirements of the County Code and describes: (a) how Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries means the boundaries of the area described in the Inclusion Area Boundary Map, if any. Inclusion Area Boundary Map means the map attached hereto as Exhibit C-2, describing the property proposed for inclusion within the District (if any) in the future . Initial District Boundaries means the boundaries of the area described in the Initial District Boundary Map. Initial District Boundary Map means the map attached hereto as Exhibit C- 1 , describing the District's initial boundaries. Maximum Debt Mill Levy means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Subsection VI . C below. Maximum Debt Mill Levy Imposition Term means the maximum term for imposition of a mill levy as set forth in Subsection VI. D below. Primary Infrastructure Plan means the Primary Infrastructure Plan described in Subsection V .B below, which includes a description of the Public Improvements to be developed by the District; and (b) an estimate of the cost of the Public Improvements . Project means water supply, water infrastructure and related, appurtenant non-water infrastructure to serve development. Public Improvements means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below to serve the future taxpayers and service users of the Service Area as determined by the Board of the District. Service Area means the property land within the Initial District Boundary Map and the land within the Inclusion Area Boundary Map . Service Area also includes all property land subject to intergovernmental agreements between the District and other units of local government located within Weld County. Service Plan means this service plan for the District approved by the BOCC . Service Plan Amendment means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. Special District Act means Section 32- 1 - 101 et seq. , C .R. S ., as amended from time to time . State means the State of Colorado . Total Debt Issuance Limitation means the total Debt the District is authorized to issue, as set forth in Paragraph V .A . 6 below and supported by a Financial Plan . III. BOUNDARIES The area of the Initial District Boundaries includes approximately 54 acres, and the total area proposed to be included in the Inclusion Area Boundaries is approximately 16,427 . 03 acres. A legal description of the Initial District Boundaries and the Inclusion Area Boundaries is attached hereto as Exhibit A. A map of the Initial District Boundaries is attached hereto as Exhibit C- 1 , and a map of the Inclusion Area Boundaries is attached hereto as Exhibit C-2 . A vicinity map is attached hereto as Exhibit B . It is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32- 1 -401 et seq . , C . R. S . , and Section 32- 1 -501 et seq . , C . R. S . , subject to the limitations set forth in Article V below. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 16, 535 . 06 acres of land . The current assessed valuation of the Service Area land is assumed to be $ 887, 520 for purposes of this Service Plan . • ly 16,481 . 03 acres of land . The current assessed valuation of the Service Area is assumed to be $ 887,060- for purposes of this Service Plan . Approval of this Service Plan by the County does not imply approval of the development of a specific area within the District, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings which may be identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements within and without the boundaries of the District as such power and authority are described in the Special District Act, and other applicable statutes, common law and the State Constitution, subject to the limitations set forth herein. The District shall not provide potable water service to any land within its Initial Boundaries or its Inclusion Area Boundaries if such land is already included within the boundaries of another water district unless that water district consents to the provision of service by this District; or, if the water provider is an entity other than a water district, then the BOCC must consent to the provision of potable water service by this District. All Public Improvements constructed by the District shall be located within Weld County. If, after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act, no such powers shall be available to or exercised by the District unless the District publishes forty-five-day notice and provides written notice to the BOCC pursuant to Section 32- 1 -207(3 )(b), C .R. S . If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed exercise of such new or broader powers, then the exercise of the same by the District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32- 1 -207(2), C .R. S . 1 . The purpose of the District is to plan for, design, acquire, construct, install , relocate, redevelop and finance the Public Improvements and to provide operation and maintenance of the Public Improvements under agreements with other entities and local governments . Public Improvements constructed by the District using public funds derived from Weld County property taxes shall be located solely within the boundaries of Weld County. -1-2 . Construction standards limitation . The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications all governmental entities having proper jurisdiction, as applicable . The District will obtain all applicable permits for construction and installation of Public Improvements prior to performing such work. 3 . Privately placed debt limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows : We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that ( 1 ) the net effective interest rate (calculated as defined in Section 32- 1 - 103 ( 12), C. R. S .) to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert the designation of the Debt] , including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4 . Inclusion and exclusion limitations . The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC . Inclusions or exclusions not described in this Service Plan shall require a forty five day notice publication and written notice to the BOCC pursuant to Section 32 1 207(3 )( b ), C . R. S . If, within forty five (45 ) proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32 1 207(2), C . R. S . For inclusions or exclusions of property, forty-five (45 ) days written notice of the proposed inclusion or exclusion shall be given to the Board of County Commissioners in the manner specified in Section 32- 1 -207(2)(b), C . R. S . If within 45 days of the receipt of such notice, the Board of County Commissioners provides to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32- 1 -207(2), C .R. S . All inclusions and exclusions will comply with the provisions of Title 32 requiring publication of notice of the public hearing by the District on the inclusion or exclusion petition . The District shall not include any property within its boundaries that are within the boundaries of another Title 32 district unless the other Title 32 district consents to the simultaneous exclusion of property and causes such exclusion to occur. The purpose of this provision is to prohibit overlapping districts on property within a single tax year. 5 . Reserved . Use of Water. To the extent of the District' s ownership of storage in any reservoir, and subject to carriage, evaporation and evapotranspiration losses for such water, the water stored and released in the District' s storage space shall be used for: (a) direct non-potable delivery to water users within Weld County, Colorado; (b) augmentation of depletions which, if not augmented, would have an impact on any river, stream or groundwater located in Weld County, Colorado; (c) replacement of diversions by release of such stored water into a river or stream, a canal or a recharge or other groundwater management facility in Weld County Colorado ; or, (d) exchange or transfer to another reservoir to facilitate either (a), (b) or (c) above. 6 . Total debt issuance limitation . The District shall not issue Debt in excess of $200,000, 000 . To the extent the District seeks to modify the Total Debt Issuance Limitation, it shall proceed in accordance with Subsection 2- 14-20 . I of the County Code . 7 . Monies from other governmental sources . The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 8 . Consolidation limitation . The District shall not file a request with any court to consolidate with another Title 32 district without the prior written consent of the County. 9 . Eminent domain limitation. The District shall not exercise its statutory power of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with state law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32- 1 -207(3 )(b), C .R. S . If, within forty-five (45 ) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32- 1 -207(2), C . R. S . No eminent domain shall be exercised against Weld County . 10 . Service Plan amendment requirement. This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments . Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate development needs for the Project. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan . Any action of the District which: ( 1 ) violates the limitations set forth in Paragraphs V .A . 1 9 above; or (2) violates the limitations set forth in Subsections VI .B H below, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan . B . Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District. The Primary Infrastructure Plan, including: ( 1 ) a description of the Public Improvements to be developed by the District; and (2) an estimate of the cost of the Public Improvements is attached hereto as Exhibit D . As shown in the Primary Infrastructure Plan, the estimated cost of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District will be dependent on the design of the Public Infrastructure with the users thereof The District shall describe such further and other Public Improvements deemed appropriate to meet the goals of the District and provide notice of such description to the Board of County Commissioners of Weld County within forty-five (45 ) days thereof. All Public Improvements constructed by the District shall be located within Weld County . If within 45 days of the receipt of such notice, the Board of County Commissioners provides to the District a written objection to the proposed Public Improvements, then the proposed Public Improvements shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32- 1 -207(2), C . R. S . The District shall be permitted to allocate costs between such categories of the Public Improvements as deemed necessary in its discretion . All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of all government entities having jurisdiction shall be in accordance with the requirements of the Approved Development Plan, if any. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the requirements of other government entities having jurisdiction and construction scheduling may require . Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan, as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then-current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit D assume construction to applicable local, state or federal requirements . VI. FINANCIAL PLAN A . General . The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs . All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties or charges as provided in Section 32- 1 - 1001 ( 1 ), C .R. S . The Total Debt Issuance Limitation is supported by the Financial Plan prepared by RBC Capital Markets, attached hereto as Exhibit E . The Financial Plan attached to this Service Plan satisfies the requirements of Subsection 2- 14-20 . 1 of the County Code . In addition to Debt financing, the District anticipates that it may issue revenue bonds from revenues which are not received from the imposition of a property tax within the District' s boundaries . Revenue bonds do not constitute debt under this Service Plan or state law. B . Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt or revenue financing is expected to be the market rate at the time of issuance. In the event of a default, the proposed maximum interest rate on any Debt or revenue issuance is not expected to exceed fifteen percent ( 15%) . The proposed maximum underwriting discount will be five percent(5%). Debt or revenue financing, when issued, will comply with all relevant requirements of this Service Plan, state law and federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be fifty (50) mills; provided that if, on or after January 1, 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2019, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S., and all other requirements of state law. D. Maximum Debt Mill Levy Imposition Term. Within its boundaries,the District shall not impose a levy for repayment of any and all Debt(or use the proceeds of any mill levy for repayment of Debt) on any property which exceeds thirty (30) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are property owners of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101 et seq., C.R.S. The District shall be limited to issuing new Debt within a period of fifteen(15)years from the date of the District's first debt authorization election. The District may issue Debt after the fifteen-year period in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all debt within the fifteen-year period. E. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a source of revenue for repayment of debt service and for operations and maintenance. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees, rates, tolls, penalties or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy. F.Security for Debt. The District shall not pledge any revenue or property of the County as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the County of payment of any of the District's obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the County in the event of default by the District in the payment of any such obligation. G. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, the District may set up other qualifying entities to manage, fund, construct and operate facilities, services and programs . To the extent allowed by law, any entity created by the District will remain under the control of the District's Board. H . District's Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, are anticipated to be $50,000 .00, which will be eligible for reimbursement from Debt proceeds . In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year's operating budget is estimated to be $50,000 . 00, which is anticipated to be derived from property taxes and other revenues . The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users . The Aggregate Mill Levy Cap shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt and operations and maintenance functions, and shall be sixty-five (65 ) mills; provided that if, on or after January 1 , 2019, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1 , 2019, are neither diminished nor enhanced as a result of such changes . For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation . Although the operations and maintenance mill levy imposed by the District may exceed fifteen ( 15) mills as part of the Aggregate Mill Levy Cap, the debt service mill levy may not exceed the Maximum Debt Mill Levy. The District shall impose a mill levy for debt, capital costs, operations and maintenance expenses for its Public Improvements, all of which shall be within Weld County. Operation and maintenance expenses include all reasonable and necessary current expenses of the District, paid, accrued, or reserved for operating, maintaining, and repairing the Public Improvements, including without limitation legal and overhead expenses of the District directly related to the administration of the Public Improvements, insurance premiums, audits, charges of depository banks and paying agents, professional services, salaries and administrative expenses, labor, the cost of materials and supplies for current operation; the amount required to be paid as a rebate obligation to the United States of America as required in order to avoid impairing the exclusion from gross income for purposes of the federal income tax of the interest paid or to be paid thereon, allowance for depreciation, franchise fees, and legal liabilities based on contract. Debt and capital costs include all funds paid, accrued or reserved for the acquisition of land, easements, facilities, water rights, and equipment (other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments, and extensions, for use by or in connection with the Public Improvements, together with the principal, interest, reserves, surplus funds, administrative costs to paying agents, registrars, and costs of issuance related to the issuance of debt obligations by the District. Capital improvements shall be paid from, and shall be subject to the limitations, relating to Debt provided above . I . Elections . The District will call an election on the questions of organizing the District, electing the initial Board and setting in place the proposed financial structure as required by TABOR. The election will be conducted as provided in the Uniform Election Code of 1992, the Municipal Election Code and TABOR. At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. VII. ANNUAL REPORT A.General. The District shall be responsible for submitting an annual report with the County Clerk not later than March 1 of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado. B.Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the prior year. 3. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 4. A summary of any litigation which involves the District Public Improvements as of December 31 of the prior year. 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. 8. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statement, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished,the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution, in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt and other financial obligations as required pursuant to state statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan (Long-Term District Obligations), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long-Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long-Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. IX.PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS All such agreements must be for facilities, services and agreements lawfully authorized to be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a), and Sections 29-1-201 et seq., C.R.S. To the extent practicable, the District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements may also be executed with property owner associations and other service providers. Any agreements which are required, or known at the time of formation of the District to likely be required, to fulfill the purposes of the District, must be described in this Service Plan, along with supporting rationale. Execution of intergovernmental or extraterritorial agreements by the District that are not described in this Service Plan shall require a forty-five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45)days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed agreements, then the entry into said agreements without the prior written approval of the BOCC shall be considered a material modification of this Service Plan and shall be resolved only in accordance with Section 32-1-207(2), C.R.S. X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1- 207, C.R.S. All modifications to the written provisions of this Service Plan, whether deemed material or otherwise, must be approved by the County prior to becoming effective, and the District shall not be permitted to unilaterally make such modifications. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination as aforesaid will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207, C.R.S. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 6. The facility and service standards of the District are compatible with the facility and service standards of the County and each municipality which is an interested party under Section 32-1-204(1), C.R.S.; 7. The proposal is in substantial compliance the County's Master Plan adopted pursuant to Section 30-28-106, C.R.S.; 8. The proposal is in compliance with any duly adopted County, regional or state long-range water quality management plan for the area; 9. The creation of the District is in the best interests of the area proposed to be served; and 10. The creation of the District is in the best interests of the residents and future residents of the area proposed to be served. XII. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado.
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