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Home My WebLink About20173843.tiffDelivered Via Email: egesick(aweldgov.com December 20, 2017 Attn: Esther Gesick Clerk to the Board Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Required Annexation Impact Report - Cottonwood Annexation to the Town of Mead. Dear Ms. Gesick: In accordance with the requirements of C.R.S. § 31-12-108.5, enclosed is a copy of the Annexation Impact Report prepared for the proposed Cottonwood Annexation to the Town of Mead. You have received prior notice of the public hearings before the Planning Commission and the Board of Trustees for this proposal. In the event that you have any questions regarding this Annexation Impact Report, or the proposed annexation, you may contact Richard E. Samson, the Town's Attorney, at (303) 776-1169. Very truly yours, ("1171 :A)S;r2A44- Mary E. Strutt Town Clerk Town of Mead • 441 Third Street • R O. Box 626 • Mead, Colorado 80542-0626 • 970-535-4477 • www.townofmead.org c�b1iG V ;e,w ac.: socRS), cMCMtut MM/TP), P1•C MM / TP) a PAJC EP/ CH / £ R), ( ps r@/a7 f 17 ia/ao/c7 ao17-3�H3 Annexation Impact Report Cottonwood Annexation December 5, 2017 Prepared for: Town of Mead P.O. Box 626 Mead, CO 80542 Cottonwood Annexation Table of Contents Page I. Project Description. 1 II. Municipal Services. III. Special Districts1 IV. School District Impact 1 V. Exhibits 1 A. Existing Conditions Map and Proposed Land Use Map Cottonwood Annexation Forward: This "annexation impact report" has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statutes, 1986 Repl. Vol. Contained in Appendix "A" is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of a series of four annexation totaling 60.93 acres and is located located approximately 1/2 mile north of State Highway 66 on the east side of WCR 9'/z . The annexation is contiguous to the Town through the annexation of WCR 9'/z as a flagpole annexation from the north municipal boundaries of the Town, northward to the northern boundary of the property. Through the series of annexations, it satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by Sekich Properties, LLC, 6790 County Road 32, Platteville, CO 80651-9000. The land is currently zoned in Weld County for A (Agricultural). In conjunction with the proposed annexation, the zoning will be changed to General Commercial (GC) and Light Industrial (LI) in conformance with the Town's Land Use Code. Adjacent land uses include agriculture, general commercial and light industrial uses. II. Municipal Services: Municipal services for the Cottonwood Annexation will be provided in the following manner: Electricity Electric services are to be provided by the present supplier, United Power Inc., the electric franchisee for the Town of Mead. Telephone U.S. West Communications. Water Little Thompson Water District. Sanitary Sewer Sewer service will be provided by the St. Vrain Sanitation District. Fire The site is currently served by the Mountain View Fire Protection District. Police Town of Mead Police Department. Street Maint. Maintenance of roadways within the annexation will be provided by the Town after construction to Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Mead. The annexation agreement is currently under negotiation and is not available at this time. III. Special Districts: The area to be annexed is included within the following special districts: St. Vrain Sanitation District St. Vrain Valley School District RE -1J Mountain View Fire Protection District Northern Colorado Water Conservancy District St. Vrain - Left Hand Water Conservancy District Longmont Conservation District St. Vrain Left Hand Water Conservancy District High Plains Library District IV. School District Impact: It is anticipated that the annexation will bring a benefit to the St. Vrain School District RE1J due to the increase in valuation, and will not contribute any K-12 students to the school system. V. Exhibits: A. Existing Conditions Map and Proposed Land Use Map Fr" WELD COUNTY Cottonwood Annexation Existing Conditions ONLINE MAPPING 2,288.2 0 WGS_1984_Web_Mercator_Auxiliary_Sphere �? Weld County Colorado 6 LTWD W4er Line u 1'9,1s "I ---- • 1,144.09 3" LTWD Water Line —I 1 2,288.2 Feet mown r St. Vrain Sanitation District Trunk Line at W 1: 13,729 0 This map is a user generated static output from an Internet mapping site and is reference only. Data layers that appear on this map may or may not be accur current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Enter Map Description Legend Parcels ante fa Notes r N88.54'45'E 122.05 NOONESS PARS • sI9 SECTION 21 T3N. ROTC en, . NNaMNa16M'/r., v G' 888.3206'E S40.31.27'E 9'� 54.25 580.4258.E N82'1 49.3T N79.41'16.E 10076'E7.83' N70.31'12"E 86.`4' 67.05 N79.41'18"E 10329' 57T2138'E S ICNINC CC (ORS..0(0(060(54 S S 381.23'53'E 138.55 572'25'STE 101.71' N89'1954E 28.95 S89.2T59'W 50.06' 916. BUSINESS PARK 889.2722"W PONT OF •SONONN IONE GC Pala OF CONOCNINT ZONE LI NEW 0.0(0111 uI IT(2w°1 MN 41TACICO 11/n moNONENT ear ASWAN CAP SAWED NV UOENCE NO. 23520 IN aw,m1°`l�AR g�9a, z, N COTTONWOOD ZONING MAP TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NE QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO S88'21'12'E S78'18'10'E 142.77 90.77' 572'11'54'S 119.48' '0'T19E 193.80• SO. EASEMENT RIGNT-Or-WAT sEC.EC. R 2454575 4.56S23 was ..4 588'14531 27521' S84.0g5b-E 209.6ff S '12 (SO' SETBACK CENTERED ON SHOT WELL) PER RED. /3422709 at REC. 43991196 NORINERSI WOES MRS 17076MNEL/rENtraar0 2.75 afr 888.0755N, 99 04' FIST LOC OF OE NORNEAST DARIEN Ce SRO SECTION 23 \;\\ 5) 2813'I N I I\ \ 1 %\ X / C 5s<, \ \ 5 20' EASEMENT \ \\\,-.\ 800.47'51'E EC.H T 1.15 /41551 \\ \. R \ \\ 55 \ 55 \ \ 55 \ \ 55 \ 5 551 \ 55 \J \ 5 i \ 5\ 'b I\ j G1D \ \ PROPERRES 655.69'43"E 91.21 \ S43.50'41"EI \ 70.95 \ S28'20'157 �t.. uraurr co LEGEND: 589'2722W 2203.70' DENOTES FOUND MONUMENT AS DESCRIBED EAST OUNSER SECTION T3N. NONA SIN PO, FOLINO NO. e MAN (LEMON NNW.) NW ATTACHED r \_588.54'09,N 234.45 Um6 9m RECEIVED NOV 15 2017 WELD COUNTY COMMISSIONERS Delivered Via Email: kford(a,weldgov.com November 14, 2017 Weld County Board of Commissioners Attn: Karla Ford BOCC Office Manager P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Cottonwood Annexation to the Town of Mead. Dear Ms. Ford: Enclosed is a copy of the application, annexation maps and other supporting material for the proposed annexation of the Cottonwood Annexation to the Town of Mead. This property is located in Weld County on approximately 57.7 acres, east of WCR 9 1/2 and north of State Highway 66. The requested use of the property is for an industrial park similar to the adjacent Sekich Business Park. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies and service providers as to the appropriateness of the annexation. Your comments are welcome and will assist the staff and Board of Trustees in their review of the proposal. We ask that your comments reach us no later than December 8, 2017. The complete application and associated drawings and materials files are located in the following DropBox folder. To access the files, click on the following URL: https://www.dropbox.com/sh/wmdgndlcyfd9w5vt/AACO.IcUR.Yq 3wcUV.KLjIa0CAa?d1=0 We ask that you forward your response by email directly to Chris Kennedy, Mead Planning Director, at: ckennedy(rztownofinead.org, with a copy to: gary(ci),samsonlongmontlaw.com, or, by letter to Samson Law Firm, PC, c/o Gary West, P.O. Box 1079, Longmont, CO 80502. Thank you for your cooperation and assistance. Very truly yours, v/ Mary E. Strutt Town Clerk Town of Mead • 441 Third Street • P. O. Box 626 • Mead, Colorado 80542-0626 • 970-535-4477 • www.townofmead.org f.v;ew cc.%socRS N,Gmcmwimm,),PLC MM/TPi, Pcu C _P/ ER), Maps /ao!t7 tt/i5rt? 2017-3843 Owner Mail Address 1 BENSON FARMS LTD LIABILITY CO 530 HOLYOKE CT BENSON FARMS LIMITED LIABILITY CO C/O BILL WOODS RCDR PROPERTIES LLC 3055 S BUTTERCUP CIR LN REAL ESTATE LLC C/O THOMSON REUTERS BUSCH MONICA J TRUSTEE 1916 LUCILLE AVE STE C RBM HOLDINGS LLC PO BOX 675 RBM HOLDINGS LLC PO BOX 675 4064 CAMELOT LLC 4064 CAMELOT CIR TOTAL CONCRETE SERVICES INC 4462 HILLTOP RD WAGNER CHRISTOPHER JR 13600 COUNTY ROAD 11 RAM LAND CO LLC 103 BLUE HERON CT SEKICH PROPERTIES LLC 6769 COUNTY ROAD 32 LAMMCO PROPERTIES LTD 8150 W 48TH AVE HIGHLAND RESERVOIR DITCH 4311 STATE HIGHWAY 66 Mail Address 2 Mail City State FORT COLLINS CO 530 HOLYOKE ST FORT COLLINS CO FREDERICK CO PO BOX 460069 HOUSTON TX KINGMAN AZ LONGMONT CO LONGMONT CO LONGMONT CO LONGMONT CO LONGMONT CO MEAD CO PLATTEVILLE CO WHEAT RIDGE CO LONGMONT CO Mail Zipcode 805257022 805257022 805169459 770568069 864014675 805020675 805020675 805049697 805049681 805049656 805428803 806519000 800333119 80504 Town of Mead 441 Third Street 970-535-4477 P.O. Box 626 www.townofinead.org Mead, CO 80542 1)l:A'ELOP\IENT PRO('LS : PRE-APPL1('.V'I'ION FOR\1 Applicant Name Project Name Project Address, Parcel Number or Legal Description i ZO 1z3 00 0 033 , C . t/Z rn; lam. NE or CAsc - w M I)z ' -t S Pre -Application Meeting Date j 0 / f // (p Pre -Application Planner U yyn iv\ Q.(J-)mia&41. A1 LP Type of Development Proposal O Administrative Site Plan Annexation O Conditional Use O Final Plat O Preliminary Plat O Planned Unit Development (PUD) O Sketch Plan O Special Use Permit (Oil and Gas) O Variance O Zoning Amendment O Waiver Pre -Application Form Page 1 of 5 Last revised 8/18/16 I. Property Eligibility Status and History Within the Urban Growth Boundary E1�QD 0 Annexation, Subdivision or Development Agreements 0 Zoning 1I11 D Overlay Districts 2 V Y I�, oa% te"Av o 01A) rComprehensive Plan Designation Cm v 4- II. Review the Sketch Plan of Proposed Development This is not a comprehensive review of the proposed project. It is for information purposes only. Additional issues may arise during the formal staff review of an application. The following specific issues were discussed in reviewing the applicant's proposed development: COWNext:6-b- 144,4 ViX (Ada, /)14&:R4Ariill F0t(Cow---t-t0 5elkoN-1'i.- (3 ) .ittstL .sb. Is a BOT/PC work session suggested? W!d III. Review the Appropriate Development Process Flowchart Pre -Application Form Page 2 of 5 Last revised 8/18/16 IV. Technical Criteria Requirements Review the Technical Criteria Form that corresponds with the appropriate Development Process. Referral Packets After you submit the application, it is reviewed by staff . + d i ed complete or incomplete. After your application is deemed complete, please submit application packets, which will be distributed to the referral agencies (minimum of 2 .pies). Weld County Commissioners Weld County Attorney Weld County Planning Department Weld County Department of Public Works bi Town Franchise Holder D Special Districts (in property report): O Municipalities within a 3 mile radius: ri es4orm— , L6► rnorvit - O School District: lit St. Vrain Valley School District O Platteville School District O Utility Service Providers: vr Little Thompson Water District O Longs Peak Water District O Central Weld Water District O Mead Sanitation District piSt. Vrain Sanitation District O United Power 7 O Black Hills Energy , '4 Natural Resource Conservation Service ti Colorado Water Conservation Board ti Colorado Department of Transportation O Other: *NOTE: Annexation applications require ALL of the above following agencies to be notified. V. Submitting the Application O Land Use Application Form O This Pre -Application Packet You will need to supply one copy of this checklist (keep the original for your files) filled out by the Pre -Application Conference planner with your application. Be sure to sign and date the application. D Application Fee(s) Make checks payable to The Town of Mead Application Fee and Deposit: $ 9`,9X VS,ouo Total Fees: $ -7i cOb Note: The application fee for development projects is non-refundable. Refer to the most recent fee sheet adopted by the Board of Trustees. Pre -Application Form Last revised 8/18/16 Page 3 of 5 DEVELOPMENT REVIEW FEES 1 x / APPLICATION DEPOSITS ANN 4TION, ZO C ,-,,..401.01* NAr: 9lll Up to 1 acre $7501 $5,000 Sketch Plan $750/ $5,000 1 to 10 acres $1,500/ $5,000 Preliminary Plat More than 10 acres ( a2 500/ $5,000 Up to 10 lots $750/ $5,000 AMENDMENTS '-' O ANNE T' tl of Up to 100 lots $1,500/$5,000 Amend one section of the agreement $250/ $1,500 More than 100 lots $2,5001$5,000 Each additional section $50 Final Plat & Subdivision Improvement Agreement (SIA) or Re -Plat P O NE Up to 10 lots $250/ $5,000 P,1 �'SilEP ` $ Up to 100 lots $500/ $5,000 CONDITIONAL €i : More than 100 lots $750/ $5,000 Conditional use for a Medical Marijuana — Primary Caregiver $15/ $250 Minor Subdivision Plat $500/ $1,500 ( >10 acres; > 6 lots) OPl l— � Administrative Plat $500/$1,500 � � � - Izirau Plot Plan $100 Ci�4 �*. . �.�. r< t R : , �: ........ ... • �Site Plan M11> ?tiiS> *MDylll 1 Up to 25,000 sq.ft. $250/ $2,500 Pir�- More than 25,000 sq.ft. $500! $2,500 GAS PERMIT '. lfi AIVER TEMPO tARY , Residential $100/ $1,500 VACATION *• ROSi1f or=Ekl.t{ NT Non-residential $500/ $1,500 One ROW or easement request 100/ 1500 11tIRE_'E LEC - - - - ; -via,. Each additional ROW or easement request. $501 51500 Z NG MA ENDMENT One zoning district $750/ $2,500 Residential $100/ $1,500 More than one zoning district $1,000! $2,500 Non-residential $500/ $1,500 Pre -Application Form Last revised 8/18/16 Page 4 of 5 VI. Acknowledgements I have met with a pre -application planner, who has explained the development review process and all the requirements for the appropriate development process, based on my description of the project. I acknowledge that, upon receipt of an application, staff time on pre -application research and meetings are subject to reimbursement, as described in the Land Use Application Form. If I do not submit an application for this project, then no charges will be incurred. 11 /y/y/fr Ifr /Dat'e Applicant/Agent Signature Pre -Application Form Last revised 8/18/16 Page 5 of 5 Town of Mead LUA # 441 Third Street P.O. Box 626 Mead. CO 80542 970-535-4477 www.townofmead.org LAND USE APPLICATION PAGE TWO MUST BE SIGNED AND NOTARIZED Project/Business Name Cottonwood Annexation and Zoning Project Address Parcel Number 120723000033 Project Description Application for annexation/zoning of property to be zoned commercial & light industrial. Check the Development Review Process required for yo x • Annexation (AN) • r Sketch Plan (SKP) • Conditional Use (CU) • Special Use - Oil and Gas (SU) • Final Plat (FP) x • Zoning Amendment (ZA) • Planned Unit Development (PUD) • Variance (VR) • Preliminary Plat (PP) • Waiver (W) • Site Plan (SP) Legal Description (Pros idc Suhdi‘ ision. Lot -'. Block 4, or Attach Metes and Bounds) See attached. Owner Name/Company (Attach Separate Sheets if Multiple) Sekich Properties, LLC. Contact Person (If Different) Nick Sekich Address/City/State/Zip 67990 CR 32 Plateville. CO 80651 Phone 970.381.6616 Fax Email butchsekich@aol.com .Authorized Representative Name/Company Address/City/State/Zip _ Phone Fax Email Land Use Application Form 08/09, Revised 05/16 Page 1 of 2 Mineral Rights Owner/Lease Holder Name/Company (Attach Separate Sheets if Multiple) Kerr-McGee Oil & Gas Onshore LP (KMG) Address/City/State/Zip 1999 Broadway, Suite 3700 Denver, CO 80202 Gas Black Hills Energy WaterLittle Thompson Water District Metro District To Be Determined NA Current Zoning_ Acres +/- 57.7 Acres # Lots/Units Proposed 26 lots Electric United Power Sewer St. Vrain Sanitation District Fire Mtn View Fire District Land Use Information Proposed Zoning GC & LI Density (DU/Acre) 0.45 DU/Acre The undersigned is fully aware of the request/proposal being made and the actions being initiated on the referenced property. The undersigned understand that the application must be found to be complete by the Town of Mead before the request can officially be accepted and the development review process initiated. The undersigned is aware that the applicant is fully responsible for all reasonable costs associated with the review of the application/request being made to the Town of Mead. Applicants shall pay all costs billed by the Town for legal, engineering and planning costs incurred by staff, including consultants acting on behalf of staff. necessary for project review. By this acknowledgement, the undersigned hereby certify that the above information is true and correct. Owner: Owner: Applicant: 24ta STATE OF COLORADO ) /�� SS. G County of Jiotive►4' ) Date : j/Zp / 9 Date: PATRICIA tMyHEN )ERSON • State of Co;r,,, Notary ID #21:0 i 02910 M Commission E. 301-29-2021 01 The foregoing instrument was acknowledged before me this �% day of /1141e0.44- , 20 /'? , by piitx Sts Kt My commission expires: / a9- al Witness my hand and official seal. • 4644t;—i Nota Public Land Use Application Form 08/09, Revised 05/16 Page 2 of 2 COTTONWOOD PROPERTY LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/24/2017 12:43:08 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 3- 2y • 11 Property Owners Within 300 ft of Parcel # 120723000033 Signature Date Account Parcel Owner Mailing Address R4763286 120723000025 RBM HOLDINGS LLC PO BOX 675 LONGMONT, CO 805020675 R4763486 120723000032 RBM HOLDINGS LLC PO BOX 675 LONGMONT, CO 805020675 R4763586 120723000033 SEKICH PROPERTIES LLC 6790 COUNTY ROAD 32 PLATTEVILLE, CO 806519000 R0207987 120723001014 BROWN JACK A & PHYLLIS A FAMILY TRUST R0207987 120723001014 SNYDER CHERIE TRUSTEE R0207987 120723001014 SYNDER BRUCE TRUSTEE R0207987 120723001014 BUSCH MONICA J TRUSTEE 1916 LUCILLE AVE STE C KINGMAN, AZ 864014675 R7052498 120723202007 LAMMCO PROPERTIES LTD 8150 W 48TH AVE WHEAT RIDGE, CO 800333119 R7052598 120723202008 RCDR PROPERTIES LLC 3055 S BUTTERCUP CIR WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/24/2017 12:43:08 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 300 ft of Parcel # 120723000033 Account Parcel Owner Mailing Address FREDERICK, CO 805169459 R7052698 120723202009 4064 CAMELOT LLC 4064 CAMELOT CIR LONGMONT, CO 805049697 R0208287 120723202010 LN REAL ESTATE LLC C/O THOMSON REUTERS PO BOX 460069 HOUSTON, TX 770568069 R8940985 120723309002 TOTAL CONCRETE SERVICES INC 4462 HILLTOP RD LONGMONT, CO 805049681 R4561206 120723400029 BENSON FARMS LTD LIABILITY CO 530 HOLYOKE CT FORT COLLINS, CO 805257022 M0316594 120723400029 WAGNER CHRISTOPHER JR 13600 COUNTY ROAD 11 LONGMONT, CO 805049656 R1025602 120724000004 BENSON FARMS LIMITED LIABILITY CO C/O BILL WOODS 530 HOLYOKE ST FORT COLLINS, CO 805257022 R4765486 120724000022 SEKICH PROPERTIES LLC 6769 COUNTY ROAD 32 PLATTEVILLE, CO 806519000 R4765586 120724000037 RAM LAND CO LLC 103 BLUE HERON CT MEAD, CO 805428803 d FIDELITY NATIONAL TITLE GROUP 0 • _Tc National Commercial Services Colorado Chicago Title • Commonwealth land title Company • Fidelity National title • Heritage Tale Company 950 S Cherry St, #1414 Denver, CO 80246 Phone: (303) 291-9977 DATE: March 20, 2017 FILE NUMBER: 100-N0010686-010-TO2 PROPERTY ADDRESS: Vacant Land, Greeley, CO BUYER/BORROWER: OWNER(S): RBM Holdings, LLC, a Colorado limited liability company YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R4763486 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO: NCS Colorado, a division of Fidelity National Title 950 S Cherry St #1414 Denver, CO 80246 ATTN: Title Only PHONE: FAX: (303) 633-7720 E-MAIL: TO: Moye White 1400 16th St. 16 Market Square, 6th Floor Denver, CO 80202-1486 ATTN: PHONE: FAX: E-MAIL: Dominick Sekich (000) 000-0000 (000) 000-0000 dominick.sekich@moyewhite.com TO: Moye White 1400 16th St. 16 Market Square, 6th Floor Denver, CO 80202-1486 ATTN: PHONE: FAX: E-MAIL: Mary Kay Engel (000) 000-0000 (000) 000-0000 marykay.engel@moyewhite.com TO: National Commercial Services Title Only 950 S Cherry St #1414 Denver, CO 80246 ATTN: Title Only PHONE: FAX: (303) 633-7720 E-MAIL: END OF TRANSMITTAL 03/20/2017 1:13 PM Commitment No.: 100-N00 I0686-010-TO2 Commonwealth Land Title Insurance Company COMMITMENT Commitment No: 1. Effective Date: SCHEDULE A 100-N0010686-010-TO2 March 14, 2017 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a) ALTA Owners Policy 6-17-06 $0.00 (b) None $0.00 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: RBM Holdings, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) Vacant Land, Greeley, CO PREMIUMS: Title Report 550.00 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 Attached Legal Description That portion of the Northeast Quarter, Section 23, Township 3 North, Range 68 West of the 6t'' P.M., Weld County, Colorado, more particularly described as follows: Beginning at the North Quarter corner of said Section 23; Thence along the West line of the Northeast Quarter of said Section 23, South 00°46'37" East 1459.03 feet; Thence along the Southerly bank of a ditch the following twenty-six (26) courses and distances: South 40°12'49" East 167.70 feet; South 80°24' 18" East 49.37 feet; North 70°49'50" East 67.06 feet; South 77°03'00" East 45.11 feet; South 26°15'53" East 84.35 feet; South 50°21'38" East 44.27 feet; South 88°24'25" East 55.39 feet; North 46°15'47" East 53.99 feet; North 18°14'49" East 65.49 feet; North 50°14'23" East 37.99 feet; North 82°30'54" East 107.63 feet; South 88°13'28" East 94.60 feet; South 81°05'15" East 138.56 feet; South 72°07'19" East 101.71 feet; South 88°02'34" East 142.77 feet; South 77°59'32" East 90.77 feet; South 71°53'16" East 119.46 feet; South 80°48'41" East 193.90 feet; South 87°55'25" East 275.21 feet; South 83°51'17" East 209.66 feet; South 78°54'16" East 264.99 feet; South 74°02'58" East 112.75 feet; South 67°49'17" East 99.04 feet; South 56°41'05" East 91.21 feet; South 43°32'03" East 76.63 feet; South 21°51'47" East 327.38 feet to the East line of said Northeast Quarter of Section 23; Thence along said East line, North 00°29'12" West, 2252.39 feet to the Northeast corner of said Section 23; Thence along the North line of said Northeast Quarter of Section 23, North 89°51'31" West 2646.36 feet to the Point of Beginning, EXCEPT those parcels as described in Deeds recorded May 16, 1974 at Reception No. 1636622, recorded June 8, 2001 at Reception No. 2856038 and recorded September 21, 2016 at Reception No. 4238410, County of Weld, State of Colorado. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN CAND LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 SCHEDULE B — Section 1 Requirements The following requirements must be met: a. Pay us the premiums, fees and charges for the Title Report. NOTE: This report shall not be construed as a Title Guaranty, nor a Title Insurance Policy. The liability of the Company shall not exceed the charge paid by the applicant for this report, nor shall the Company be held liable to any party other than the applicant for this report. END OF REQUIREMENTS Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE AS SOCIATION ON 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 SCHEDULE B — Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Title Report. NOTE: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 7. All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. Right of way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County: Recording Date: Recording No.: October 14, 1889 Book 86 at Page 273 9. Reservations made by Union Pacific Railway Company substantially as follows: reserving unto said company and its assigns all coal that may be found underneath the surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mine that may be developed upon said premises and for transportation of coal from same. Recording Date: Recording No.: June 18, 1892 Book 106 Page 375 Relinquishment and Quit Claim: Recording Date: December 12, 2003 Recording No.: Reception No. 3135014 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 10. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Conveyance as set forth below: Recording Date: Recording No.: April 7, 1947 Book 1201 Page 329 11. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easement as set forth below: Recording Date: Recording No.: December 3, 1969 Reception No. 1539879 12. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easement as set forth below: Recording Date: Recording No.: December 3, 1969 Reception No. 1539880 13. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: July 20, 1970 Reception No. 1551644 Declaration of Pooling: Recording Date: November 3, 2015 Recording No.: Reception No. 4155094 14. Terms, conditions, provisions, agreements, reservations and obligations contained in the Warranty Deed as set forth below: Recording Date: Recording No.: July 22, 1971 Reception No. 1572048 15. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: May 23, 1974 Reception No. 1637164 16. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: January 31, 1975 Reception No. 1653172 Amendment of Right -of -Way: Recording Date: November 24, 1986 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN �55oD TITLE CIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 Recording No.: Reception No. 2078163 17. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: June 5, 1975 Reception No. 1662084 18. Terms, conditions, provisions, agreements, reservations and obligations contained in the Warranty Deed as set forth below: Recording Date: Recording No.: June 17, 1977 Reception No. 1722242 19. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Easement as set forth below: Recording Date: Recording No.: February 23, 1978 Reception No. 1745417 20. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: April 25, 1978 Reception No. 1751444 Amendment to Right -of -Way Grant: Recording Date: November 24, 1986 Recording No.: Reception No. 2078162 21. Terms, conditions, provisions, agreements and obligations contained in the Notice Regarding Senate Bill No. 172 -1981 -CRS 9-1.5-103 Establishing Procedures for the Protection of Underground Facilities from Damage Caused by Excavation Work as set forth below: Recording Date: Recording No.: October 1, 1981 Reception No. 1870705 22. Terms, conditions, provisions, agreements and obligations contained in the Notice of General Description of Area Served by Panhandle Eastern Pipe Line Company Concerning Underground Facilities Pursuant to C.R.S. Sec. 9-1.5-103 (1) (1981) as set forth below: Recording Date: Recording No.: October 1, 1981 Reception No. 1870756 23. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to C.R.S. Sec. 9-1.5-103 (1) (1981) Concerning Underground Facilities of Union Rural Electric Association, Inc. as set forth below: Recording Date: Recording No.: October 5, 1981 Reception No. 1871004 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND T ITLL ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 24. Terms, conditions, provisions, agreements and obligations contained in the Easement as set forth below: Recording Date: Recording No.: June 30, 1982 Reception No. 1896161 25. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Western Slope Gas Company as set forth below: Recording Date: Recording No.: March 9, 1983 Reception No. 1919757 26. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Associated Natural Gas, Inc. as set forth below: Recording Date: Recording No.: July 20, 1984 Reception No. 1974810 27. Terms, conditions, provisions, agreements and obligations contained in the Colorado Interstate Gas Company General Description of Underground Facilities in Weld County as set forth below: Recording Date: Recording No.: August 31, 1984 Reception No. 1979784 28. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Associated Natural Gas, Inc. as set forth below: Recording Date: Recording No.: October 1, 1984 Reception No. 1983584 29. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Western Gas Supply Company as set forth below: Recording Date: Recording No.: April 2, 1985 Reception No. 2004300 30. Terms, conditions, provisions, agreements and obligations contained in the Notice of General Description of Area Served by Panhandle eastern Pipe Line Company Concerning Underground Facilities Pursuant to C.R.S. Sec. 9-1.5-103 (1) (1981) as set forth below: Recording Date: Recording No.: June 26, 1986 Reception No. 2058722 31. Terms, conditions, provisions, agreements and obligations contained in the Personal Representative's Deed as set forth below: Recording Date: Recording No.: August 28, 1987 Reception No. 2112274 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 32. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities of Associated Natural Gas, Inc. as set forth below: Recording Date: Recording No.: April 10, 1989 Reception No. 2175917 33. Terms, conditions, provisions, agreements and obligations contained in the Mineral Deed as set forth below: Recording Date: Recording No.: September 25, 1989 Reception No. 2192784 34. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities of United Power, Inc. as set forth below: Recording Date: Recording No.: January 24, 1991 Reception No. 2239296 35. Terms, conditions, provisions, agreements and obligations contained in the Land Survey Plat as set forth below: Recording Date: Recording No.: September 7, 1995 Reception No. 2454575 36. Terms, conditions, provisions, agreements and obligations contained in the Easement Deed as set forth below: Recording Date: Recording No.: September 21, 1995 Reception No. 2456523 37. Terms, conditions, provisions, agreements and obligations contained in the Notice of Right to Use Surface Lands as set forth below: Recording Date: Recording No.: February 19, 1999 Reception No. 2674340 38. Terms, conditions, provisions, agreements and obligations contained in the Agreement as set forth below: Recording Date: Recording No.: March 23, 2001 Reception No. 2834810 39. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth below: Recording Date: Recording No.: June 8, 2001 Reception No. 2856037 40. Terms, conditions, provisions, agreements and obligations contained in the Deed of Dedication as set forth below: Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 Recording Date: Recording No.: June 8, 2001 Reception No. 2856038 41. Terms, conditions, provisions, agreements and obligations contained in the Notice of Oil and Gas Interests and Surface Use as set forth below: Recording Date: Recording No.: June 11, 2001 Reception No. 2856495 42. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification as set forth below: Recording Date: Recording No.: October 15, 2001 Reception No. 2891984 43. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of Surface Development as set forth below: Recording Date: Recording No.: May 28, 2002 Reception No. 2955213 44. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Agreement as set forth below: Recording Date: Recording No.: September 2, 2005 Reception No. 3319451 45. Terms, conditions, provisions, agreements and obligations contained in the Order as set forth below: Recording Date: Recording No.: March 27, 2006 Reception No. 3373560 46. Terms, conditions, provisions, agreements and obligations contained in the Quitclaim Mineral and Royalty Deed as set forth below: Recording Date: Recording No.: June 6, 2006 Reception No. 3393688 47. Terms, conditions, provisions, agreements and obligations contained in the Quitclaim Mineral and Royalty Deed as set forth below: Recording Date: Recording No.: June 6, 2006 Reception No. 3393689 48. Terms, conditions, provisions, agreements and obligations contained in the Surface Use Agreement as set forth below: Recording Date: Recording No.: September 27, 2006 Reception No. 3422709 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 Amendment to Surface Use Agreement: Recording Date: January 21, 2014 Recording No.: Reception No. 3991196 49. Any taxes or assessments by reason of the inclusion of the Land in the Northern Colorado Water Conservancy District: Recording Date: Recording No.: September 29, 2010 Reception No. 3721790 50. Terms, conditions, provisions, agreements, reservations and obligations contained in the Trustee's Deed as set forth below: Recording Date: Recording No.: April 8, 2011 Reception No. 3761281 51. Terms, conditions, provisions, agreements and obligations contained in the Easement, Right -of -Way and Surface Damages Agreement as set forth below: Recording Date: Recording No.: May 17, 2012 Reception No. 3846732 52. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth below: Recording Date: Recording No.: March 24, 2014 Reception No. 4004186 53. Terms, conditions, provisions, agreements and obligations contained in the Mineral Deed as set forth below: Recording Date: Recording No.: September 2, 2014 Reception No. 4042770 54. Terms, conditions, provisions, agreements and obligations contained in the Trustee's Mineral Deed as set forth below: Recording Date: Recording No.: October 1, 2015 Reception No. 4146822 55. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: October 26, 2015 Reception No. 4153024 56. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: October 30, 2015 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 Recording No.: Reception No. 4154451 57. Conveyance of ditch, reservoir and the rights of the Baugh Lateral Ditch and Reservoir Company and Highland Ditch Company as contained in Deed recorded October 25, 2016 at Reception No. 4247928, and any and all interests therein or rights thereunder. 58. Conveyance of minerals and mineral rights as contained in Deed recorded October 25, 2016 at Reception No. 4247930, and any and all interests therein or rights thereunder. 59. Any rights or interests to the Baugh Lateral Ditch. 61. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. END OF EXCEPTIONS Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100 -N0010686 -010-T02 AFFIDAVIT AND INDEMNITY AGREEMENT TO NCS Colorado, a division of Fidelity National Title a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: Vacant Land, Greeley, CO 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to NCS Colorado, a division of Fidelity National Title as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies NCS Colorado, a division of Fidelity National Title, a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. =phrasebox AffindemSigBlock= 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION That portion of the Northeast Quarter, Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Beginning at the North Quarter corner of said Section 23; Thence along the West line of the Northeast Quarter of said Section 23, South 00°46'37" East 1459.03 feet; Thence along the Southerly bank of a ditch the following twenty-six (26) courses and distances: South 40°12'49" East 167.70 feet; South 80°24'18" East 49.37 feet; North 70°49'50" East 67.06 feet; South 77°03'00" East 45.11 feet; South 26°15'53" East 84.35 feet; South 50°21'38" East 44.27 feet; South 88°24'25" East 55.39 feet; North 46°15'47" East 53.99 feet; North 18°14'49" East 65.49 feet; North 50°14'23" East 37.99 feet; North 82°30'54" East 107.63 feet; South 88°13'28" East 94.60 feet; South 81°05'15" East 138.56 feet; South 72°07'19" East 101.71 feet; South 88°02'34" East 142.77 feet; South 77°59'32" East 90.77 feet; South 71°53'16" East 119.46 feet; South 80°48'41" East 193.90 feet; South 87°55'25" East 275.21 feet; South 83°51'17" East 209.66 feet; South 78°54' 16" East 264.99 feet; South 74°02'58" East 112.75 feet; South 67°49'17" East 99.04 feet; South 56°41'05" East 91.21 feet; South 43°32'03" East 76.63 feet; South 21°51'47" East 327.38 feet to the East line of said Northeast Quarter of Section 23; Thence along said East line, North 00°29' 12" West, 2252.39 feet to the Northeast corner of said Section 23; Thence along the North line of said Northeast Quarter of Section 23, North 89°51'31" West 2646.36 feet to the Point of Beginning, EXCEPT those parcels as described in Deeds recorded May 16, 1974 at Reception No. 1636622, recorded June 8, 2001 at Reception No. 2856038 and recorded September 21, 2016 at Reception No. 4238410, County of Weld, State of Colorado. 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 ar Commonwealthrnn LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Issued by NCS Colorado, a division of Fidelity National Title AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. COMMONWEALTH LAND TITLE INSURANCE COMPANY �Mpflr...1t , iti SEAL 17-1 �� E&U8K�.. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 7), if the parties to the subject transaction request us to provide escrow -settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 3-5-1, Paragraph G of Section 7, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that NCS Colorado, a division of Fidelity National Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 3-5-1, Paragraph L of Section 7, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unified Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt -out of certain disclosures by following our opt -out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver's license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications. How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When Information Is Disclosed. We may disclose your information to our affiliates and/or nonaffiliated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your Information. Your decision to submit information to us is entirely up to you. You can opt -out of certain disclosure or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. International Users. By providing us with you information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. Privacy Notice Effective: January 6, 2015 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority -owned subsidiary companies providing title insurance, real estate- and loan -related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate- and loan -related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; Privacy Notice Effective: January 6, 2015 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes — information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt -out"): • for our affiliates' everyday business purposes — information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt -out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non -affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFOgag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website Privacy Notice Effective: January 6, 2015 03/20/2017 1:13 PM Commitment No.: 100-N0010686-010-TO2 The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number - masked upon entry; • email address; • three security questions and answers; and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonvile, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 Privacy Notice Effective: January 6, 2015 FIDELITY NATIONAL TITLE GROUP O • _, C National Commercial Services eit Colorado Chicago ale • Commonwealth Lard Title Company • Fidelity National Title • Heritage Title Company 950 S Cherry St, #1414 Denver, CO 80246 Phone: (303) 291-9977 DATE: March 14, 2017 FILE NUMBER: 100-N0010606-010-TO2 PROPERTY ADDRESS: Vacant Land, Greeley, CO BUYER/BORROWER: OWNER(S): Sekich Properties LLC, a Colorado limited liability company YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 120723000033 120724000022 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. TO: NCS Colorado, a division of Fidelity National Title 950 S Cherry St #1414 Denver, CO 80246 ATTN: Title Only PHONE: FAX: (303) 633-7720 E-MAIL: TO: Sekich Properties LLC, a Colorado limited liability company 1400 16th Street 6th Floor Denver, CO 80202 ATTN: Dominick Sekich PHONE: (303) 292-7924 FAX: E-MAIL: dominicksekich@moyewhite.com TO: Moye White 1400 16th St. 16 Market Square, 6th Floor Denver, CO 80202-1486 ATTN: PHONE: FAX: E-MAIL: Mary Kay Engel (000) 000-0000 (000) 000-0000 marykay.engel@moyewhite.com TO: FNTG-NCS CO 950 S. Cherry St. Suite 1414 Denver, CO 80246 ATTN: FNTG-NCS CO PHONE: FAX: E-MAIL: END OF TRANSMITTAL 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 Commonwealth Land Title Insurance Company TITLE REPORT SCHEDULE A Title Report No: 100-N0010606-010-TO2 1. Effective Date: March 7, 2017 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a) None $0.00 3. The estate or interest in the land described or referred to in this Title Report is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Sekich Properties LLC, a Colorado limited liability company 5. The land referred to in this Title Report is described as follows: See Attached Legal Description (for informational purposes only) Vacant Land, Greeley, CO PREMIUMS: Title Report 550.00 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 Attached Legal Description Parcel A: The Northeast Quarter of Section 23, Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado; EXCEPT those parcels as described in Deeds recorded May 16, 1974 at Reception No. 1636622, recorded November 2, 1978 at Reception No. 1771722, and recorded June 8, 2001 at Reception No. 2856038; EXCEPT right of way for Weld County Road 32 and Weld County Road 9'h. Parcel B: That portion of the Northwest Quarter of Section 24, Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Considering the West line of said Northwest Quarter of Section 24 as bearing North 0°27'00" West with all bearings contained herein relative thereto: Beginning at the West Quarter corner of said Section 24; Thence along said West line of the Northwest Quarter of Section 24, North 0°27'00" West, 393.11 feet; Thence South 31°20'40" East, 456.68 feet, more or less, to the South line of said Northwest Quarter of Section 24; Thence along said South line, South 89°15'00" West, 234.49 feet, more or less, to the Point of Beginning. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 SCHEDULE B — Section 1 Requirements The following requirements must be met: a. Pay us the premiums, fees and charges for the Title Report. Note: This report shall not be construed as a Title Guaranty, nor a Title Insurance Policy. The liability of the Company shall not exceed the charge paid by the applicant for this report, nor shall the Company be held liable to any party other than the applicant for this report. END OF REQUIREMENTS Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 SCHEDULE B — Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Title Report. NOTE: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 7. All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. Reservations contained in the Patent From: To: Recording Date: Recording No.: (Affects Parcel B) The United States of America James H. Baugh April 10, 1887 Book 34 Page 316 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 9. Right of way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County: Recording Date: October 14, 1889 Recording No.: Book 86 at Page 273 (Affects Parcels A and B) 10. Reservations made by Union Pacific Railway Company substantially as follows: reserving unto said company and its assigns all coal that may be found underneath the surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mine that may be developed upon said premises and for transportation of coal from same. Recording Date: Recording No.: June 18, 1892 Book 106 Page 375 Relinquishment and Quit Claim: Recording Date: December 12, 2003 Recording No.: Reception No. 3135014 (Affects Parcel A) 11. Terms, conditions, provisions, agreements and obligations contained in the Map of Howlett Reservoir as set forth below: Recording Date: Recording No.: (Affects Parcel B) October 21, 1910 Reception No. 160054 12. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Conveyance as set forth below: Recording Date: Recording No.: (Affects Parcel A) April 7, 1947 Book 1201 Page 329 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: (Affects Parcel B) Union Rural Electric Association, Inc. Utility Easement November 13, 1969 Reception No. 1539383 14. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easement as set forth below: Recording Date: Recording No.: (Affects Parcel A) December 3, 1969 Reception No. 1539879 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 15. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easement as set forth below: Recording Date: Recording No.: (Affects Parcel A) December 3, 1969 Reception No. 1539880 16. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: July 20, 1970 Reception No. 1551644 Declaration of Pooling: Recording Date: November 3, 2015 Recording No.: Reception No. 4155094 (Affects Parcel A) 17. Terms, conditions, provisions, agreements, reservations and obligations contained in the Warranty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel A) July 22, 1971 Reception No. 1572048 18. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: (Affects Parcel A) May 23, 1974 Reception No. 1637164 19. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: August 2, 1974 Reception No. 1641858 Declaration of Pooling: Recording Date: June 8, 2015 Recoding No.: Reception No. 4113773 (Affects Parcel B) 20. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: January 31, 1975 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TI'T'LE A.itiDCIAEION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 Recording No.: Reception No. 1653172 Amendment of Right -of -Way: Recording Date: November 24, 1986 Recording No.: Reception No. 2078163 (Affects Parcel A) 21. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: (Affects Parcel A) June 5, 1975 Reception No. 1662084 22. Terms, conditions, provisions, agreements, reservations and obligations contained in the Warranty Deed as set forth below: Recording Date: June 17, 1977 Recording No.: Reception No. 1722242 (Affects Parcels A and B) 23. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: April 25, 1978 Reception No. 1751444 Amendment to Right -of -Way Grant: Recording Date: November 24, 1986 Recording No.: Reception No. 2078162 (Affects Parcel A) 24. Terms, conditions, provisions, agreements and obligations contained in the Notice Regarding Senate Bill No. 172 -1981 -CRS 9-1.5-103 Establishing Procedures for the Protection of Underground Facilities from Damage Caused by Excavation Work as set forth below: Recording Date: October 1, 1981 Recording No.: Reception No. 1870705 (Affects Parcel A and B) 25. Terms, conditions, provisions, agreements and obligations contained in the Notice of General Description of Area Served by Panhandle Eastern Pipe Line Company Concerning Underground Facilities Pursuant to C.R.S. Sec. 9-1.5-103 (I) (1981) as set forth below: Recording Date: October 1, 1981 Recording No.: Reception No. 1870756 (Affects Parcels A and B) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 26. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to C.R.S. Sec. 9-1.5-103 (1) (1981) Concerning Underground Facilities of Union Rural Electric Association, Inc. as set forth below: Recording Date: October 5, 1981 Recording No.: Reception No. 1871004 (Affects Parcels A and B) 27. Terms, conditions, provisions, agreements and obligations contained in the Easement as set forth below: Recording Date: Recording No.: (Affects Parcel A) June 30, 1982 Reception No. 1896161 28. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Western Slope Gas Company as set forth below: Recording Date: March 9, 1983 Recording No.: Reception No. 1919757 (Affects Parcels A and B) 29. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: Recording No: (Affects Parcel B) December 8, 1983 Reception No. 1949473 30. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Associated Natural Gas, Inc. as set forth below: Recording Date: July 20, 1984 Recording No.: Reception No. 1974810 (Affects Parcels A and B) 31. Terms, conditions, provisions, agreements and obligations contained in the Colorado Interstate Gas Company General Description of Underground Facilities in Weld County as set forth below: Recording Date: August 31, 1984 Recording No.: Reception No. 1979784 (Affects Parcels A and B) 32. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Associated Natural Gas, Inc. as set forth below: Recording Date: October 1, 1984 Recording No.: Reception No. 1983584 (Affects Parcels A and B) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE Ai6OCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 33. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities by Western Gas Supply Company as set forth below: Recording Date: April 2, 1985 Recording No.: Reception No. 2004300 (Affects Parcels A and B) 34. Terms, conditions, provisions, agreements and obligations contained in the Notice of General Description of Area Served by Panhandle eastern Pipe Line Company Concerning Underground Facilities Pursuant to C.R.S. Sec. 9-1.5-103 (1) (1981) as set forth below: Recording Date: June 26, 1986 Recording No.: Reception No. 2058722 (Affects Parcels A and B) 35. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities of Associated Natural Gas, Inc. as set forth below: Recording Date: April 10, 1989 Recording No.: Reception No. 2175917 (Affects Parcels A and B) 36. Terms, conditions, provisions, agreements and obligations contained in the Mineral Deed as set forth below: Recording Date: Recording No.: (Affects Parcel A) September 25, 1989 Reception No. 2192784 37. Terms, conditions, provisions, agreements and obligations contained in the Notice Pursuant to 89-1.5- 103, C.R.S., Concerning Underground Facilities of United Power, Inc. as set forth below: Recording Date: January 24, 1991 Recording No.: Reception No. 2239296 (Affects Parcels A and B) 38. Terms, conditions, provisions, agreements and obligations contained in the Land Survey Plat as set forth below: Recording Date: Recording No.: (Affects Parcels A and B) September 7, 1995 Reception No. 2454575 39. Terms, conditions, provisions, agreements and obligations contained in the Easement Deed as set forth below: Recording Date: September 21, 1995 Recording No.: Reception No. 2456523 (Affects Parcels A and B) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 40. Terms, conditions, provisions, agreements and obligations contained in the Notice of Right to Use Surface Lands as set forth below: Recording Date: Recording No.: (Affects Parcel A) February 19, 1999 Reception No. 2674340 41. Terms, conditions, provisions, agreements and obligations contained in the Notice of Oil and Gas Interests and Surface Use as set forth below: Recording Date: Recording No.: (Affects Parcel B) December 12, 2000 Reception No. 2812800 42. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth below: Recording Date: Recording No.: (Affects Parcel A) June 8, 2001 Reception No. 2856037 43. Terms, conditions, provisions, agreements and obligations contained in the Notice of Oil and Gas Interests and Surface Use as set forth below: Recording Date: Recording No.: (Affects Parcel A) June 11, 2001 Reception No. 2856495 44. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification as set forth below: Recording Date: Recording No.: (Affects Parcel B) October 15, 2001 Reception No. 2891983 45. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification as set forth below: Recording Date: Recording No.: (Affects Parcel A) October 15, 2001 Reception No. 2891984 46. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of Surface Development as set forth below: Recording Date: Recording No.: (Affects Parcel A) May 28, 2002 Reception No. 2955213 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANDTITI.E ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 47. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Agreement as set forth below: Recording Date: September 2, 2005 Recording No.: Reception No. 3319451 (Affects Parcels A and B) 48. Terms, conditions, provisions, agreements and obligations contained in the Order as set forth below: Recording Date: March 27, 2006 Recording No.: Reception No. 3373560 (Affects Parcels A and B) 49. Terms, conditions, provisions, agreements and obligations contained in the Quitclaim Mineral and Royalty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel A) June 6, 2006 Reception No. 3393688 50. Terms, conditions, provisions, agreements and obligations contained in the Quitclaim Mineral and Royalty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel A) June 6, 2006 Reception No. 3393689 51. Terms, conditions, provisions, agreements and obligations contained in the Surface Use Agreement as set forth below: Recording Date: Recording No.: September 27, 2006 Reception No. 3422709 Amendment to Surface Use Agreement: Recording Date: January 21, 2014 Recording No.: Reception No. 3991196 (Affects Parcels A and B) 52. Any taxes or assessments by reason of the inclusion of the Land in the Northern Colorado Water Conservancy District: Recording Date: September 29, 2010 Recording No.: Reception No. 3721790 (Affects Parcels A and B) 53. Terms, conditions, provisions, agreements, reservations and obligations contained in the Trustee's Deed as set forth below: Recording Date: Recording No.: April 8, 2011 Reception No. 3761281 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 (Affects Parcel A) 54. Terms, conditions, provisions, agreements and obligations contained in the Easement, Right -of -Way and Surface Damages Agreement as set forth below: Recording Date: Recording No.: (Affects Parcel A) May 17, 2012 Reception No. 3846732 55. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth below: Recording Date: Recording No.: (Affects Parcel A) March 24, 2014 Reception No. 4004186 56. Terms, conditions, provisions, agreements and obligations contained in the Mineral Deed as set forth below: Recording Date: Recording No.: (Affects Parcel A) September 2, 2014 Reception No. 4042770 57. Terms, conditions, provisions, agreements and obligations contained in the Trustee's Mineral Deed as set forth below: Recording Date: Recording No.: (Affects Parcel A) October 1, 2015 Reception No. 4146822 58. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: (Affects Parcel A) October 26, 2015 Reception No. 4153024 59. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Grant as set forth below: Recording Date: Recording No.: (Affects Parcel A) October 30, 2015 Reception No. 4154451 60. Terms, conditions, provisions, agreements, reservations and obligations contained in the Special Warranty Deed as set forth below: Recording Date: September 21, 2016 Recording No.: Reception No. 4238410 (Affects Parcels A and B) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 61. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 62. THIS IS A TITLE REPORT ONLY. This is not a commitment to insure. The information set forth herein is based on information supplied to Commonwealth Land Title Insurance Company by sources believed to be reliable and is provided for accommodation purposes only. Commonwealth Land Title Insurance Company assumes no liability hereunder unless a policy or policies of title insurance are issued by Commonwealth Land Title Insurance Company and fully paid for and the insured under said policy or policies and party to whom this report was issued have no knowledge of any defect in title not disclosed. Reliance on the information set forth herein is subject to the issuance of a mortgage and/or owner's policy of title insurance by Commonwealth Land Title Insurance Company within six (6) months from the effective date hereof. If a title insurance policy is not issued insuring the property within such time, this title report shall be null and void as of its effective date and shall be deemed to have been furnished for informational purposes only. END OF EXCEPTIONS Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your information to provide products and services to you (or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to parties outside of FNF for their use to market their products or services to you. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt -out of certain disclosures or use of your information or choose to not provide any personal information to us. When We Share Information. We may disclose your information to third parties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. Do Not Track Disclosures. We do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. Privacy Notice Effective: January 6, 2015 03/14/2017 9:37 AM Title Report No.: 100 -N0010606 -010-T02 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); • social security number (SSN), driver's license, and other government ID numbers; and • financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language; • browser type; • domain name system requests; • browsing history; • number of clicks; hypertext transfer protocol headers; and application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative, whether electronic or paper; communications to us from you or others; information about your transactions with, or services performed by, us, our affiliates or others; and information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. • Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; • To improve our products and services; and • To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; • to third -party contractors or service providers who provide services or perform other functions on our behalf; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any information provided by you violates the rights of a third party; cc protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above -described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Privacy Notice Effective: January 6, 2015 03/14/2017 9:37 AM Title Report No.: 100-N0010606-010-TO2 Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; • user name and password; • loan number; • social security number - masked upon entry; email address; security questions and answers; and IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Contact FNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2016. Fidelity National Financial, Inc. All Rights Reserved. Privacy Notice Effective: January 6, 2015 Certificate Of Taxes Due Account Number R4765486 Parcel 120724000022 Assessed To SEKICH PROPERTIES LLC 6769 COUNTY ROAD 32 PLATTEVILLE, CO 80651-9000 Certificate Number 146967 Order Number FSWE_N0010606-1 Vendor ID 5 DATA TRACE 6834 S UNIVERSITY BLVD #502 CENTENNIAL, CO 80122-1515 Legal Description 25598-A PT NW4 24 3 68 BEG W4 COR OF SEC N0D27'W 393.11' S31D20'E 456.68' S89D15'W 234.49' TO BEG (1.058A) M/L Year Tax Charge 2016 Total Tax Charge Tax Interest $27.74 $0.00 Fees $0.00 Sites Address Payments Balance ($27.74) $0.00 $0.00 Grand Total Due as of 04/05/2017 $0.00 Tax Billed at 2016 Rates for Tax Area 4699 - 4699 Authority WELD COUNTY SCHOOL DIST RE1J NORTHERN COLORADO WATER (NC ST VRAIN LEFT HAND WATER (S MOUNTAIN VIEW FIRE ST VRAIN SANITATION HIGH PLAINS LIBRARY Taxes Billed 2016 * Credit Levy Mill Levy 15.8000000* 56.9450000 1.0000000 0.1560000 11.7470000 0.5190000 3.2710000 Amount Values Actual Assessed $4.90 AG -FLOOD IRRRIGATED $1,077 $310 $17.66 LAND $0.31 Total $1,077 $310 $0.05 $3.64 $0.16 $1.02 89.4380000 $27.74 WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD ACCOUNTS. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, WELD COUNTY, John R. Lefebvre, Jr. 1400 N. 17th Avenue Greeley, CO 80631 Apr 5, 2017 8:37:39 AM Page 1 of 1 Certificate Of Taxes Due Account Number R4763586 Parcel 120723000033 Assessed To SEKICH PROPERTIES LLC 6790 COUNTY ROAD 32 PLATTEVILLE, CO 80651-9000 Certificate Number 146966 Order Number FS WE_N0010606-2 Vendor ID 5 DATA TRACE 6834 S UNIVERSITY BLVD #502 CENTENNIAL, CO 80122-1515 Legal Description 25591 NE4 23 3 68 EXC BEG N0D27'W 443.11' FROM E4 COR N0D27'W 455.70' S89D15'W 217.21' S25D59'E 503.79' M/L TO BEG ALSO EXC PARCEL DEEDED TO KURTZ BY REC #1771722 (.45R) Year Tax Interest Tax Charge 2016 $1,539.24 Total Tax Charge Grand Total Due as of 04/05/2017 Fees Situs Address No Situs Payments Balance $0.00 $0.00 ($1,539.24) Tax Billed at 2016 Rates for Tax Area 4699 - 4699 Authority WELD COUNTY SCHOOL DIST REIJ NORTHERN COLORADO WATER (NC ST VRAIN LEFT HAND WATER (S MOUNTAIN VIEW FIRE ST VRAIN SANITATION HIGH PLAINS LIBRARY Taxes Billed 2016 * Credit Levy Mill Levy 15.8000000* 56.9450000 1.0000000 0.1560000 11.7470000 0.5190000 3.2710000 $0.00 $0.00 $0.00 Amount Values Actual Assessed $271.91 AG -FLOOD IRRRIGATED $59,333 $17,210 $980.04 LAND $17.21 Total $59,333 $17,210 $2.68 $202.17 $8.93 $56.30 89.4380000 $1,539.24 WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD ACCOUNTS. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, WELD COUNTY, John R. Lefebvre, Jr. 1400 N. 17th Avenue Greeley, CO 80631 Apr 5, 2017 8:37:39 AM Page 1 of 1 GROUP tandscapeamhiteclue 1planning 1 iltstralion March 30, 2017 Mead Board of Trustees Mead Town Hall 441 Third Street Mead, CO 80542 RE: Cottonwood Annexation Annexation Assessment Report Dear Town Board Members: The Cottonwood subdivision is requesting annexation into the Town of Mead, proposing commercial and light industrial development. The area is located east of WCR 9 1/2 , south of WCR 32 and with farm land located on either side of the property between the property and northern and southern boundary roads. Farm land is also located to the east of the property. The proposed 43.73 acre project consists of Commercial and Light Industrial uses. Sincerely u/ Le Nick Sekich Sekich Properties, LLC. Attachment: Annexation Assessment Report 444 Mountain Ave. TEL 970.532.5891 Berthoud,C080513 I WEB TBGroup.us t = GROUP landscapearchtedue I planniig I ilusoamw, March 30, 2017 Mead Board of Trustees Mead Town Hall 441 Third Street Mead, CO 80542 RE: Cottonwood Annexation Annexation Assessment Report Dear Town Board Members: The Cottonwood subdivision is requesting annexation into the Town of Mead, proposing commercial and light industrial development. The area is located east of WCR 9 1/2 , south of WCR 32 and with farm land located on either side of the property between the property and northern and southern boundary roads. Farm land is also located to the east of the property. The proposed 43.73 acre project consists of Commercial and Light Industrial uses. Sincerely -4/4‘,(.4 Nick Sekich Sekich Properties, LLC. Attachment: Annexation Assessment Report 444 Mountain Ave. TEt 970.532.5891 Berthoud,CO80513 I WEB TBGroup.us PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We, Sekich Properties LLC , the undersigned landowners, in accordance with Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH. RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO. that: As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, 1. It is desirable and necessary that the territory described be annexed to the Town of Mead. 2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Mead. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Mead will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Mead but is not bounded on both sides by the Town of Mead. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Mead and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification (land use) requested for the area proposed to be annexed is General Commercial (GC) and Light Industrial (LI) I. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Mead - Annexation Petition - Cottonwood 8/13/08 5.41 pm Owner: W 14444)1' 3 1r7Date: Owner: Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF L*ice The foregoing instrument was acknowledged before me this o2i ' day of 20A 14 by /J IC44. 55Extd +4 My commission expires: /-29 - .2 / Witness My hand and official seal. Notary Public PATRICIA a y Public State of Colorado Notary ID #20014002910 M Commission Expires 01-29-2021 Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned 2itiALIA:t,i, 3/20i AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF L14r14m ) ss. �V[G ?Ckte41 , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of [ ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) SS. COUNTY OF LH+ ,rste 2O The foregoing instrument was acknowledged before me this .29'14 2$$_ by NI e-Selca GN My commission expires: I-#14-2-/ Witness My hand and official seal. Notary Public day of PATRICIA K NOW)/ 4ENDERSON State of Colorado Notary ID fi 2 001 400291 0 M Commission Expires 01-29"2021 COTTONWOOD ANNEXATION NO. 1 __ -- - - -- - COUNTY ROAD 32 NCTRY IMP (No, TO SCuE, TTTT STATE HIGHWAY 66 N I.POEN° SURVEY NOTES: TO THE TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NORTH HALF OF SECTION 23, TOWNSHIP 3NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO 0.41 ACRES OUTH UNE OF THE RD -WEST 0 APTEP OF SAIO SECTION 23 589°2]'59'W CONTIGCIi 1: NORTH Ou.nTER CORNER CTION 23, 3N, 6 . S FOUND NO B HEMP (LEND. PINKNOYM) WITH ATTACHED 3 I/2I ALUMINUM CA MARKED BT, LICENCE N0. I3I55 IN MONUMENT BOX 6 IN D SECTONW 3 TEP O< 5 QUARTER OF BEGINNING CENTER CORNER SECTION 23. RT3N, .8W. 6TH PM, FOUND NO. 6 PEBAP (LENGTH UNKNOWN) W, ATTACHED 3 I/O. S89°2722 W 90.88' N0. 23530 �ry PNIX+uMEniBROXCENCE CERTIFICATE OF OWNERSHIP: SURVEYING CERTIFI('Ail PLANNING CO.MMISION: CERTIFICATE OF APPROVAI. GT' THE BOARD OF TRUSTEES: RECORDER'S CERTIIICATI:: DEVELOPER: SURVEYOR: 5 V Shy KINTLIW 00, re •LeI CERTIFICATE Or OWNERSHIP, C'ONTIGUITI SB9°2T'59'W PONT OF 687666NO NORM WaRTER CORNER SECTION 23, T3N.FOUND NO. 6 (LEN MN) 66.13, DTH MTH ATTACHESRERANE/2. ALUMINUM CAP INaMONNMENT BOX 1488'54'45W 122.05• 503°08'24'W 21.90 LEGEND' N 60 0 BO 120 stole rA60 feel EFSEESF24.F4 ar PONT OF CONDOMIENT NO U. pNOONl6 el.-realm ear 1/e¢ COTTONWOOD ANNEXATION NO. 2 TO THE TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NORTH HALF OF SECTION 23, TOWNSHIP 3NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO 2.78 ACRES SURVEY NOTES: SIIRVI,YINO CERTIFICATE: PLANNUNG COMMISION: CERTIFICATE OF APPROVAL BY THE BOARD OF TRUSTEES, RECORDER'S CERTIFICATE, DEVELOPER: SURVEYOR. COTTONWOOD ANNEXATION NO. 2 8 e; Sher COTTONWOOD ANNEXATION NO. 3 1t521R71IAP pa7 m uN I I — ----- COUNTY ROAD 32 Ili o SITE I p 0 - _ --'- STATE HIGHWAY 66 SURVEY NOTES: CONlothS TO THE TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NE QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO 43.73 ACRES CERTIFICATE OF OWNERSHIP'. SURVEYING CERTIFICATE. MANNING COMMISION: CLRITFICA I t OI APPROVAL BY THE BOARD OE I RUST EIS: RECORDERS CER•O1 RAT E DEVELOPER: _ SURVEYOR. O z z • s` F _ ; x • UT x 3 z `≤ z cm S.6 • 52 3 0 F O U SM1n 2 903.08'24'E 21.93' t_ NORiONW N FiX'ArACNED".77/2'.-EcUMI UM CAP ) M4MONUMENi BOX E NO. IM55 S40.31'27"E 54.28' 880.42'56'E 49.3TN70°31'12'E 67'06 S77°21'38'E 94.63' N79°41'16'E 169.82' w.Rha,:No g4R4pn AGM N82°12'16'E 107.63' 988"32'06"E 94.60' 581°23'53'E 138.56' COTTONWOOD ANNEXATION NO. 3 TO THE TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NE QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO 43.73 ACRES 072°25'57"E 101.71' 588°21'12'E 142.77' 57B°18'10'E 90.77' 87711'94'C 119.48' S81°07'19'E 193.90' LE4 END S88'14'03'E 275.21' 884.09.55"E 589°2727W 183121' NORTHEAST CORNER SECTION 23, T.. P FOUND NO 6 R(LENGTH Wt. RLICENCE N 55 ATTACHED3/•MOM 1 31 MARKED IN MONUMENT BOX aTM \ 3 _343 COTTONWOOD A s2 / 2 2 ciCMY YAP pros To SCALE, SURVEY NOFES: CERTIFICATE OF OWNERSHIP: COTTONWOOD ANNEXATION NO. 4 TO THE TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NE QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO 14.01 ACRES PLANNING COMMISION: CERTIFICATE OF APPROVAL 9V TIIF 90ARD OF TRUSTEES: RECORDER'S CERTIFICAT E. i • i0 (i.TN. NOON En NN) w SECTION E, u r u¢n¢ x00172 E 102.80 8 3 9 2 NEVI:LOPER: N IOC 200 S74°21'36 -E 112.75 V 588.07'55N 99.04' 589°27'22'W 710. S56°59'43'E 91.21' 843°50'41'El 70.98' 526°20'18M 28.73' EAST ...AMP CONN FONND ND 6 PEE. IEENC IMkp`era n41 500°4rs1"E 1.18' Ti„ S88°5P99RN 234.49 0 S O z z '§ o X Z 'U Q <c 0 :c 8 o Shed1 • COTTONWOOD LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH. RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO SITE DATA TABLE COMMERCIAL 5 LOTS - 6.6 ACRES FLEX INDUSTRIAL 37 LOTS - 31.2 ACRES OPEN SPACE/DETENTION -10 8 ACRES ROW - 7.7 ACRES TOTAL SITE ACREAGE - 56.3 ACRES LOT 1 24 AC LOT 26 1.0 AC LOT 25 1 1 AC LOT 24 1 1 AC LOT 23 1 0 AC J LOT 2 09 AC LOT 3 09AC LOT 4 1.0 AC LOT 5 0 9 AC LOT 6 0.9 AC LOT 7 0.8 AC HIGHLAND RESERVOIR DITCH LOT 8 1.0 AC O • LOT 9 1.1 AC LOT 10 0 5 AC C• LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 • LOT 33 LOT 34 0.7 AC 0.5 AC 0.5 AC 0.5 AC 0.5 AC 0.7 AC 0.7 AC 0.7 AC • LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 • LOT 36 LOT 35 07AC 0.5 AC 0.5 AC 0.5 AC 0.5 AC 0.7 AC 0.7 AC 07AC • 2 2 LOT 22 0 8 AC LOT 21 0.8 AC LOT 20 0.8 AC LOT 19 0.8 AC • N LOT 18 0.8 AC LOT 17 1 1 AC LOT 16 1.3 AC 25 OIL AND GAS ACCESS EASEMENT LOT 15 1.4 AC LOT 11 1 1 AC LOT 12 0.7 AC 20' GAS EASEMENT LOT 13 1 2 AC 150' OIL • AND GAS SETBACK® LOT 14 2.9 AC CONCEPT PLAN MAP DETENTION rm GROUP 444 LbsW Min. 1.`G SV WePW OsAranC040113 1 ,.. •> ms 4 - NOR 1)4 in GROUP landscapearchitedure Iplanning I Cottonwood Annexation Consistency with the Town Comprehensive Plan Street Master Plan The Street Master Plan identifies WCR 9 1/2 as a major arterial. It is anticipated that this development would participate as appropriate in the improvement of these roads to meet the arterial road sections of the Town of Mead. The internal roadways are intended to connect with the perimeter roadway in a logical way. Subdivision Plan The concept master plan is intended to react to the unique location and features of the site. Both General Commercial and Light Industrial are proposed for the site. The proposed uses are compatible and consistent with development on the west side of WCR 9 %. Comprehensive Plan The Town of Mead Comprehensive Land Use Plan proposed a mix of Commercial Mixed - Use (CMU) and Single Family Residential (SFR). The proposed Cottonwood concept master plan is requesting zoning of General Commercial (GC) and Light Industrial (LI). Both of these zone districts are compatible with the CMU per the Comprehensive Plan Land Use Plan which we consider to be generally consistent. Land Use Code The Cottonwood project is property with multiple proposed land uses including General Commercial and Light Industrial. It is anticipated that the Cottonwood project will comply with the requirements of the Town of Mead Land Use Code. Existing and Adjacent Land Use The proposed concept plan is intended to be as compatible as practical with surrounding and adjacent land uses. The use of varied land use and densities as well as the use of landscape and open space buffering will help mitigate potential conflicts between land uses. East — The Cottonwood project is directly adjacent farm land to the east which has not be annexed into the Town of Mead. Per the Comprehensive Land Use Plan, the adjacent property is currently anticipated as Large Lot Residential (LLR) which could potential change with the adoption of the revised Comprehensive Plan. Detention and landscape will be used along the eastern border to serve as a buffer between the light industrial uses and future land uses to the east. 444 Mountain Ave. TEL 970.532.5891 Berthoud,CO80513 I wea TBGroup.us West — The Cottonwood project is directly adjacent to WCR 9 % along the eastern edge of the property. Development along the west side of WCR 9 1/2 is a mix of commercial and light industrial uses which fall within a Town of Mead light industrial zone district as well as property that is not currently part of the Town of Mead. North — The adjacent land use to the south is currently not a part of the Town of Mead and is farmed. The proposed Cottonwood concept plan is generally consistent with the Town of Mead comprehensive land use plan with a portion of the land use proposed along the northern property line as commercial and light industrial which have many overlapping permitted uses with CMU. A portion of the land along the northern boundary would result in light industrial adjacent to Single Family Residential (SFA) per the Comprehensive Plan. An existing irrigation ditch as well as detention along the northern boundary will provide some landscape between these two land uses. In addition, Staff has informed the applicant that the Comprehensive Plan is currently being revised and may not include SFA in this location once adopted. South — The adjacent land use to the south is currently not a part of the Town of Mead and is farmed. Per the Comprehensive Land Use Plan, it is currently listed as Commercial Mixed -Use (CMU). The proposed Cottonwood concept plan is generally consistent with the Town of Mead comprehensive land use plan with the land use proposed along the southern property line as commercial and light industrial which have many overlapping permitted uses with CMU. Community Design Principles Commercial Uses — Commercial development at Cottonwood will be located along CR 9 1/2, providing good visibility and easy access from a major arterial. Traffic patterns to the commercial lots will be direct from the arterial and will not require movements through residential neighborhoods. Industrial Uses - Industrial development will provide for an employment base which will ultimately enable Town of Mead residents to work within the community. The industrial sites will be located near WCR 9 1/2 and centrally between WCR 32 and Hwy 66 providing good access from multiple locations. A. Growth Management 3. Development should pay its own way with regard to infrastructure and public facilities. 5. Growth should ensure the Town's current and future fiscal and economic health is safeguarded. Cottonwood will meet the Town's requirements for providing the required infrastructure for the property. It is anticipated that there will be some economic impact on the Town to provide services to this development. This minimal impact will be offset by the positive impacts generated by commercial and light industrial development as well as the property taxes which we believe will result in a net positive benefit for the Town of Mead. Cottonwood Comp Plan Compliance 03.30.17 Page 2 B. Land Use 3. Include mixed use, commercial, and industrial districts to provide services and jobs to both local and regional residents, and revenues to the Town. The Cottonwood development will provide both commercial and industrial districts resulting in a mix of uses and employment opportunities. D. Economy 1. Promote commercial/industrial development, property located, to create an economically sustainable community. Commercial and industrial development at Cottonwood will result in positive economic impacts for the Town of Mead. E. Transportation 4. Support the concept of North/South arterials. As new development occurs along the desired alignments, the ROW to accommodate the arterials will be required to be transferred to public ownership. WCR 9 1/2 is designated as a major arterial. The ROW to accommodate this arterial will be dedicated to the Town of Mead. PUBLIC and QUASI -PUBLIC SERVICES and FACILITIES The following is an inventory of the services/facilities that will be utilized by the Cottonwood development. Water The Cottonwood property is located within the Little Thompson Water District, and it is expected that domestic water will be provided by Little Thompson Water District. Through preliminary meetings and correspondence with Little Thompson Water District it appears that there is capacity in the existing infrastructure to provide water service for this project. It is expected that we will have to work closely with the district to ensure that there is adequate capacity for this project as we work through the platting process. The water demand for this project is expected to be similar to projects that contain commercial and industrial development. It is expected that water for irrigation will be provided from the domestic water system. There is an existing ditch along the north property line. This is the Baugh Lateral and empties into Lake Genevieve, located northeast of the existing Grand View Estates subdivision. The property owner has water rights associated with the ditch. Sanitary Sewer This property is located with the St. Vrain Sanitation District boundary. A metro district will be established for sanitary sewer service for this site. The sewer for this site will flow from west to east, to CR 13 (Colorado Blvd.) to an existing sewer line. The sanitary sewer flows from this project is expected to be similar to projects that contain commercial and industrial development. Cottonwood Comp Plan Compliance 03.30.17 Page 3 Natural Gas The Cottonwood developer will work with the natural gas service provider (Black Hills Energy, formerly Source Gas) during entitlement and development to address the impacts on the existing natural gas system. It is expected that the Cottonwood project will work conjunctively with the utility providers in the area to extend service lines and capacity to meet the natural gas demands of the project. Electric The Cottonwood developer will work with the electric service provider (United Power) during entitlement and development to address the impacts on the electrical system. It is expected that the Cottonwood project will work conjunctively with the utility providers in the area to extend service lines and capacity to meet the electrical demands of the project. Telephone Telephone/communication service will be provided by CenturyLink. The projected use is anticipated to be a typical usage similar to other commercial and industrial projects of this nature and size. It is anticipated that we will work with CenturyLink as we proceed through the approval and development process to ensure that the most recent technologies, including high speed internet, are available to the future commercial and industrial land uses in Cottonwood. Cottonwood Comp Plan Compliance 03.30.17 Page 4 GROUP lanciscapearthitecture I icing I illustration TO: Town of Mead FROM: Cottonwood Property DATE: November 28, 2016 RE: Water Rights Report There are no water rights associated with the Cottonwood property. The applicant will meet all water rights requirements of the water district with future entitlement packages. 444 Mountain Ave. TEL 970.532.5891 Berthoud,CO80513 I WEB TBGroup.us COTTONWOOD ZONING MAP ---� COUNTY ROAD 32 1 u Mi tWP (xo SCALE) To SITE V'_ STATE HIGHWAY 66 SURVEY NO'T'ES: LEGAL DESCRIPTION OF ZONING GC (GENERAL COMMERCIAL> TOWN OF MEAD, WELD COUNTY, COLORADO A PART OF THE NE QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PM., MEAD, COLORADO LEGAL DESCRIPTION OF ZONING LI(I.IGHT INDUSTRIAL. I. SUR%EYING CFR]IFICATF: PLANNING COMMISION: CERT'IFICA'TE OF APPROVAL BY THE BOARD OF TRUSTEES REC'ORDER'S CERTIFICATE: DEVELOPER: SURVEYOR. COTTONWOOD ZONING MAP 36 'U 1 2 "a""["Vii'" NB8'54'45'6 122.05' „""E” ss ' BOX . 640°31'27'6 54.28 580°42.58'6 49.3]' N79°41'16"E N]0°31'12"E 67.06' N79'41'16'E_ 103.29' N82°1._ 66.54' 588°32'06"E 1D077.6363' COTTONWOOD ZONING MAP " TOWN OF MEAD, WELD COUNTY COLORADO 4u"'"[� a"` eo'ti A PART OF THE NE QUARTER OF SECTION 23 AND THE NORTHWEST w "a »["' QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH P.M., MEAD, COLORADO - S81°23'53 -E 138.56' S72"25'5TE 101]1' - wo wo 1 - m 6 RQ R q3 l S77°21'38"E 94.83' [Ic[rEau ouanral s I 588.21'1TE 578°18'10"6 142.]7' 90.77' S72.11'54'6 119.46' S88°14'03 "E_ - -- - - - 275.21' Sej° n OTt 93 P n 989"19'54"E _728.99' gi luxxnd w) N 4cio Mrt[s Wna,EM-sno c[[n[M n _ I _584°09'55'E$ 208.66' 9 � 7 12 E 2 574°21'36'6 69.99' 112.]5' $68°DT55'r( 99.04' 556°59'43'6 91.21' \ 543°50'41'6, \ 70.89' S26.29161E 26.]3' �° \ i _ \ � Sr, ) r , d Y \\ [ns. [xEa m[xoa.xEns* oxnarea or sno sE I n ,., .•. 500°47'51'E 1.1 6' N� Cgl < 8O R' 'e .: .. � p 2 e`d9d cz COTTONWOOD ZONING MAP 589.27.591N_Zr so.oD' 429.00 589'2]'22"W 2203.]0' oa 4a eoax[a '. ". ,x, Pe T. PONTs ff4wac ZONE 0 eLc tALIA..a CAPS L689'54'09'W 234.49 LE46NU: X20' 7 6� j $8i qq }$ Fr. o W ro � 5,-IFIN,+I(S r,i,l.0 mut,IVN, I„I, IA SLIntlLu Shea/ �/ 2 ��- GROUP lardscapearchitedUxe I plarxdng I Mustralion Cottonwood Zoning Written Statement Need For Proposed Zoning: The Cottonwood Property is currently located within the County. This zoning application is being submitted concurrently with a request for annexation into the Town of Mead. There is no existing zoning for the property. The proposed zoning is for Commercial and Light Industrial. Impacts On Existing Adjacent Zone Districts, Uses & Character Of The Surrounding Area The impacts on existing adjacent zone districts, use and character of the surrounding area expected to be minimal. There is existing industrial development to the west which is consistent with the proposed development. Land to the north and south of Cottonwood is County land which is currently being farmed. An existing irrigation ditch will serve as a buffer along the northern property line. There is existing commercial and industrial zoning nearby which is consistent with the proposal for this property. Impact On Access And Traffic Patterns The Street Master Plan identifies WCR 9 1/2 as a major arterial. It is anticipated that this development would participate as appropriate in the improvement of these roads to meet the arterial road sections of the Town of Mead. The internal roadways are intended to connect with the perimeter roadway in a logical way. A traffic impact study will be required as part of the preliminary plat submittal. All required improvements to mitigation street and traffic impacts will be defined as a part of that report. Availability Of Utilities Utilities for the property are located nearby and are available. Impacts On Public Facilities & Services Law Enforcement Law enforcement for the Cottonwood project would be provided by the Town of Mead or Weld County sheriff through the existing agreement. It is not anticipated that there would be special security needs or a specific need for additional officers. Fire protection Fire protection for the Cottonwood project would be provided by Mountain View Fire Protection District. It is not anticipated that the Cottonwood project would pose special fire 444 Mountain Ave. Berthoud, CO80513 TEL 970.532.5891 wes TBGroup.us hazards. Fire prevention requirements, fire detection, fire lanes, emergency access, etc. would be provided as required by code. Water The Cottonwood property is located within the Little Thompson Water District, and it is expected that domestic water will be provided by Little Thompson Water District. Through preliminary meetings and correspondence with Little Thompson Water District it appears that there is capacity in the existing infrastructure to provide water service for this project. It is expected that we will have to work closely with the district to ensure that there is adequate capacity for this project as we work through the platting process. The water demand for this project is expected to be similar to projects that contain commercial and industrial development. It is expected that water for irrigation will be provided from the domestic water system. There is an existing ditch along the north property line. This is the Baugh Lateral and empties into Lake Genevieve, located northeast of the existing Grand View Estates subdivision. The property owner has water rights associated with the ditch. Sanitary Sewer This property is located with the St. Vrain Sanitation District boundary. A metro district will be established for sanitary sewer service for this site. The sewer for this site will flow from west to east, to CR 13 (Colorado Blvd.) to an existing sewer line. The sanitary sewer flows from this project is expected to be similar to projects that contain commercial and industrial development. Streets The Town of Mead Transportation Plan identifies WCR 9 % as a major arterial. The current standard is for major arterials to have four (4) 12' drive lanes, two (2) 7' bike lanes and an 8' detached sidewalk. It is anticipated that the Cottonwood project will participate in their share of the required street improvements by placing funds into escrow. Cottonwood will have an internal street network that will connect to WCR 9 %. Schools The Cottonwood project is within the St. Vrain School District. Since there is not any residential development proposed on this property, there will be no impact to the school district. Parks Because there is no residential development at this development, we do not anticipate any impact on parks. Relationship Between The Proposal & The Comprehensive Plan The Town of Mead Comprehensive Land Use Plan proposed a mix of Commercial Mixed - Use (CMU) and Single Family Residential (SFR). The proposed Cottonwood concept master plan is requesting zoning of General Commercial (GC) and Light Industrial (LI). Both of these zone districts are compatible with the CMU per the Comprehensive Plan Land Use Plan which we consider to be generally consistent. Benefits Arising From The Proposal Cottonwood Comp Plan Compliance 03.30.17 Page 2 The Cottonwood development will provide the opportunity for commercial and industrial development. This will in -turn provide job prospects for residents and tax benefits for the Town. It will also result in services available for both residents and residents from surrounding communities. It will allow smart growth for the Town of Mead within the Growth Management Area. Cottonwood Comp Plan Compliance 03.30.17 Page 3 rrnGROUP landscapearchitectuie I planning I &station Cottonwood Annexation Annexation Assessment Report General Project Description: The Cottonwood project is located east of WCR 9'/: and south of WCR 32 and includes approximately 57.7 acres of land. The proposed land use includes approximately 11.8 acres of general commercial use along WCR 9 1/2 that will be generally compatible to the existing industrial development to the west. The remainder of the proposed project is 49.1 acres of Light Industrial. The annexation area includes land use of the right-of-way for WCR 9 Yz along the project frontage. The location of the general commercial use is intended to take advantage of adjacent vehicular traffic along WCR 9'/: with the light industrial use located to the east and in the interior portion of the property. The land to both the north and south of the property is currently used for farmuig. Economic Impact It is anticipated that there will be some economic impact on the Town to provide services to this development. This minimal impact will be offset by the positive impacts generated by commercial and light industrial development as well as the property taxes which will result in a net positive benefit for the Town of Mead. Water The Cottonwood property is located within the Little Thompson Water District, and it is expected that domestic water will be provided by Little Thompson Water District. Through preliminary meetings and correspondence with Little Thompson Water District it appears that there is capacity in the existing infrastructure to provide water service for this project. It is expected that we will have to work closely with the district to ensure that there is adequate capacity for this project as we work through the platting process. The water demand for this project is expected to be similar to projects that contain commercial and industrial development. It is expected that water for irrigation will be provided from the domestic water system. There is an existing ditch along the north property line. This is the Baugh Lateral and empties into Lake Genevieve, located northeast of the existing Grand View Estates subdivision. The property owner has water rights associated with the ditch. Sanitary Sewer This property is located with the St. Vrain Sanitation District boundary. A metro district will be established for sanitary sewer service for this site. The sewer for this site will flow from west to east, to CR 13 (Colorado Blvd.) to an existing sewer line. The sanitary sewer flows from this project is expected to be similar to projects that contain commercial and 444 Mountain Ave. BenhaxJ, C082513 hi 970.5325891 w® TBGroup.us industrial development. Natural Gas The Cottonwood developer will work with the natural gas service provider (Black Hills Energy, formerly Source Gas) during entitlement and development to address the impacts on the existing natural gas system. It is expected that the Cottonwood project will work conjunctively with the utility providers in the area to extend service lines and capacity to meet the natural gas demands of the project. Electric The Cottonwood developer will work with the electric service provider (United Power) during entitlement and development to address the impacts on the electrical system. It is expected that the Cottonwood project will work conjunctively with the utility providers in the area to extend service lines and capacity to meet the electrical demands of the project. Telephone Telephone/communication service will be provided by CenturyLink. The projected use is anticipated to be a typical usage similar to other commercial and industrial projects of this nature and size. It is anticipated that we will work with CenturyLink as we proceed through the approval and development process to ensure that the most recent technologies, including high speed internet, are available to the future commercial and industrial land uses in Cottonwood. Streets The Town of Mead Transportation Plan identifies WCR 9'h as a major arterial. The current standard is for major arterials to have four (4) 12' drive lanes, two (2) 7' bike lanes and an 8' detached sidewalk. The Cottonwood project will participate in their share of the required street improvements. Cottonwood will have an internal street network that will connect to WCR 9' /2. Drainage The property drains from south to north and south to east to the existing ditch along the north property boundary. There are several existing culverts that collect runoff and empty into the existing ditch. There is some off -site runoff that will reach the property in significant storm events. There is an existing access road along the southern property line which prevents off -site runoff during minor events from reaching the property. There are no FEMA designated special flood hazard zones identified within the boundaries of the project site based on FIRM Map Number 08123C1880E, effective January 20, 2016. The proposed project will consist of commercial and light industrial. Runoff from developed areas will be directed into water quality/detention ponds prior to discharge from the site. Detention ponds will detain developed 10 -year and 100 -year flows, and release at or below historic 10 -year and 100 -year rates. Developed drainage patterns are anticipated to generally follow historic flow paths. Modeling criteria contained in the Urban Storm Drainage Criteria Manual, by the Urban Drainage and Flood Control District, will be incorporated at final design. The Rational Method will be used to estimate peak stormwater runoff within the developed site for the Cottonwood Annexation 3.30.17 Page 2 minor 10 -year and major 100 -year design storms. Rainfall data will be generated utilizing methodology from the Urban Storm Drainage Criteria Manual and Town of Mead Criteria. Law enforcement Law enforcement for the Cottonwood project would be provided by the Town of Mead or Weld County sheriff through the existing agreement. It is not anticipated that there would be special security needs or a specific need for additional officers. Fire protection Fire protection for the Cottonwood project would be provided by Mountain View Fire Protection District. It is not anticipated that the Cottonwood project would pose special fire hazards. Fire prevention requirements, fire detection, fire lanes, emergency access, etc. would be provided as required by code. Schools The Cottonwood project is within the St. Vrain School District. Since there is not any residential development proposed on this property, there will be no impact to the school district. Parks and recreation Cottonwood is not identified on the Town of Mead comprehensive land use plan as being a location for park or bike trails. It is anticipated that the Cottonwood project would not include a park or bike trails due to the proposed land use. Environmental considerations The Cottonwood property includes an irrigation ditch that runs along the northern property boundary. It is anticipated that the irrigation ditch will remain undisturbed. The remainder of the Cottonwood property has been historically farmed and, there are no additional environmentally sensitive areas, endangered species or significant habitats that we are aware of. Economic development potential The Cottonwood project includes multiple land uses including commercial and light industrial development. It is expected that the Cottonwood project would provide commercial and light industrial opportunities that are not currently available in the Town of Mead. Street Master Plan The Street Master Plan identifies WCR 9 % as a major arterial. It is anticipated that this development would participate as appropriate in the improvement of these roads to meet the arterial road sections of the Town of Mead. The internal roadways are intended to connect with the perimeter roadway in a logical way. Subdivision Plan The concept master plan is intended to react to the unique location and features of the site. Both General Commercial and Light Industrial are proposed for the site. The proposed uses are compatible and consistent with development on the west side of WCR 9 1 2. Comprehensive Plan Cottonwood Annexation 3.3a 17 Page 3 ICommented [TC1]: Mead recently (this week) hired one or two police officers The Town of Mead Comprehensive Land Use Plan proposed a mix of Commercial Mixed - Use (CMU) and Single Family Residential (SFR). The proposed Cottonwood concept master plan is requesting zoning of General Commercial (GC) and Light Industrial (LI). Both of these zone districts are compatible with the CMU per the Comprehensive Plan Land Use Plan which we consider to be generally consistent. Land Use Code The Cottonwood project is property with multiple proposed land uses including General Commercial and Light Industrial. It is anticipated that the Cottonwood project will comply with the requirements of the Town of Mead Land Use Code. Existing and Adjacent Land Use The proposed concept plan is intended to be as compatible as practical with surrounding and adjacent land uses. The use of varied land use and densities as well as the use of landscape and open space buffering will help mitigate potential conflicts between land uses. East — The Cottonwood project is directly adjacent to farm land to the east which has not be annexed into the Town of Mead. Per the Comprehensive Land Use Plan, the adjacent property is currently anticipated as Large Lot Residential (LLR) which could potential change with the adoption of the revised Comprehensive Plan. Detention and landscape will be used along the eastern border to serve as a buffer between the light industrial uses and future land uses to the east. West — The Cottonwood project is directly adjacent to WCR 9 '/A along the eastern edge of the property. Development along the west side of WCR 9'/ is a mix of commercial and light industrial uses which fall within a Town of Mead light industrial zone district as well as property that is not currently part of the Town of Mead. North — The adjacent land use to the south is currently not a part of the Town of Mead and is farmed. The proposed Cottonwood concept plan is generally consistent with the Town of Mead comprehensive land use plan with a portion of the land use proposed along the northern property line as commercial and light industrial which have many overlapping permitted uses with CMU. A portion of the land along the northern boundary would result in light industrial adjacent to Single Family Residential (SFA) per the Comprehensive Plan. An existing irrigation ditch as well as detention along the northern boundary will provide some landscape between these two land uses. In addition, Staff has informed the applicant that the Comprehensive Plan is currently being revised and may not include SFA in this location once adopted. South — The adjacent land use to the south is currently not a part of the Town of Mead and is farmed. Per the Comprehensive Land Use Plan, it is currently listed as Commercial Mixed -Use (CMU). The proposed Cottonwood concept plan is generally consistent with the Town of Mead comprehensive land use plan with the land use proposed along the southern property line as commercial and light industrial which have many overlapping permitted uses with CMU. Cottonwood Annexation 3.30.17 Page 4 into t t ANNEXATION AGREEMENT Cottonwood Annexation N AGREEMENT (hereinafter "AGREEMENT") is made and entered y and Sekich Properties, LLC 67990 CR 32 Plateville, CO 80651, "ANNEXOR," and the Town of Mead, a municipal corporation of after referred to as "Mead" or "TOWN." describe A PARCEL OF LAND LO NORTHWEST QUART THE 6TH PRINC WHEREAS, t maintaining and improv environmental amenities, se WHEREAS, the AN its objectives and those of TO WHEREAS, the ANNEXO be subject to all ordinances, resolu may be amended from time to time; WITNESSETH: esires to annex to the Town of Mead the following e County of Weld and State of Colorado, to -wit: ORTHEAST QUARTER OF SECTION 23 AND THE TOWNSHIP 3 NORTH, RANGE 68 WEST, OF OF WELD, STATE OF COLORADO. of its growth in a planned and orderly fashion, the TOWN's ability to provide and enhance local opportunity for its citizens; and ishes to develop the PROPERTY for uses compatible with nd WHEREAS, the parties mutually recog for orderly development that the TOWN be to be developed, such as police protection, WHEREAS, the parties agree that it is i a written agreement as to the overall plan of dev public ways and public areas, zoning, dedication o regarding roads, utilities and other improvements; a n annexation, the PROPERTY will bons of the Town of Mead, as they agree that of necessa governme public WHEREAS, the ANNEXOR acknowledges that 'e eed f dedication of certain property, including but not limited to .perty treet easements, parks and open space, utility facilities and other public provem as contemplated in this AGREEMENT are directly related to and generated by the d intended to occur within the PROPERTY and that no taking thereby will occur req compensation; necessary and desirable an services for property stration; and rties hereto to enter nd dedication of d payment NOW, THEREFORE, in consideration of the foregoing covenants, p agreements of each of the parties hereto, to be kept and performed agreed by and between the parties as follows: d -way and TOWN ment 1. BASIC INTENT. The intent of this AGREEMENT is to set forth the is requirements for ann - a • n and development of the PROPERTY described above. This AGR E shall be binding upon the parties and may not be modified except by fu - r writte • reement. 2 ' EVE L ' • ME . ` he ANNEXOR agrees that the PROPERTY annexed shall be Beveled in general conformity with the TOWN's comprehensive plans, subdivision re• ations, zo ng ode, building codes and other applicable statutory and local r-. uirements ' cludi g, without limitation, those pertaining to subdivision, land use, reets, stardrain e TO and the ap chan ensive p 'cable stat • s, su ry and is upo ge, utilities, landscaping, parks and open spaces and flood control. ANN • OR further agree that the TOWN may amend the TOWN's • 'sion regulations, zoning code, building codes and other cal ' -quirements from time to time as needed to address e TO governmental servi► -s beca and the ANNEX• ' agree local requi ii - is are d occur with' the PRO" compensatio 's infrastructure, administration and delivery of development occurring within the TOWN. The TOWN c •lans, regulations, codes and other statutory and tto and generated by development intended to ha no taking thereby will occur requiring any a. Land U The NNesires GC and LI land use, in accordance with the land ucat= ; cries contained in Chapter 16, Mead Municipal Code. The parties r: ogniz: that it is the intent and desire of the ANNEXOR to develop the PROPER Y in manner generally consistent with the land use requested and that the gr. 'ti of such land used TOWN is a condition to annex the PROPERTY. ANNEXOR shall take all action necessary to permit the establishment of an appropriate land use for the annexed area in accordance with Chapter 16, Mead Municipal Code within the time prescribed by state '$1 statutes. All residential, commercial and i • ustri I constructs and intensities of land use p: ted p irsuant to C Code in effect on the date w - n buil • g permit b. Phased Development. The TO' N development is subject to market development of the PROPERTY pr may phase the development. i. Preliminary Plat. If phased deve the entire PROPERTY must be pr of the Mead Municipal Code. ent is edin. ►•rdan will be subject to the types r 16, Mead Municipal ns are filed. nize that property WN that the the ANNEXOR ii. Final Plat. For each development phase, a "site specific dev plan" in the form and substance of a Final Plat) in accord 16-4-70 of the Mead Municipal Code must be submitt Planning and Zoning Commission and the Board of T and approval. The "site specific development p conformance with the Preliminary Plat for the P and/or amended by the Board of Trustees. ary Plat for c. 16-4-60 opm e with S to the stees f all be i PERTY RTY s revs gener appro CIPAL S al municip olicies of t vernm m s - customs and Thcknow telep e TV, protection services the provision or entity is di PROPER a. The pa always ANNEXO EXO non-municip Power, Sourc Water District. Phasing. If phased development is to be utilized, the TOWN and the ANNEXOR agree that a Final Plat for the initial phase of development ay be submitted with the Preliminary Plat for the entire property. sequent Final Plat shall generally conform to the approved minary Plat. ES. The TOWN agrees to provide the PROPERTY with all of the ces in accordance with this AGREEMENT, and the ordinances and which services shall include, but are not limited to, general tratio► •olice protection, public works services, and all other ently provided by the TOWN in the area to be annexed. agrees and accepts that the TOWN does not provide ater, sanitary sewer, or natural gas services, or fire e annexed. The TOWN and the ANNEXOR agree that h municipal services by the TOWN or by another ted by development intended to occur within the will occur requiring any compensation. th• the pr ally taini entitle Ener b The ANNEXOR a Vrain Sanitation Dis Valley School District ' :1 J, an thirty (30) days of the e ctive da already included within said distr its agent for the purpose of the event ANNEXOR fails to associated therewith. y ision of municipal services in outlying areas is not Therefore, the TOWN agrees to allow and to assist service from other entities in such outlying areas. Such including, but are not limited to, Xcel Energy, United St Vrain Sanitation District, and the Little Thompson ion of the PROPERTY into the St. Water Conservancy District, St. Vrain tain View Fire Protection District within annexation, if the PROPERTY is not e AN N EXO or inclusion the ANN c. Nothing in this AGREEMENT sha • ovid public safety, and other public serve other public services are not availabl development schedule, the ANNEXO' .hall ither funding becomes available, or fully adva a funds n services' availability and priority, accordin• . the TV 's regulations, and the provisions of this AGREEMEN ppoints the Town Clerk as aid special districts, in rees to pay all costs priority for utility, blic safety, or EXOR's ment until erate the 4. PUBLIC IMPROVEMENTS. The ANNEXOR agrees to design, construct a his sole cost and expense, in accordance with TOWN approved plans, al improvements within or adjacent to the PROPERTY and serving the P including but not limited to water distribution, sewage collection, gas service, street and trail lighting, streets, curb, gutter, sidewalk m sews Ines, s drainage improvements, fire hydrants, pedestrian and non -mot: ized trai ; street median/boulevard and subdivision entryway landscaping and pa imp,-:vements. A . he above described public improvements shall be constructed to the N standards, or where servi th ed, b. Lights al ap be c. Utilitie and to a be required to and transport future develo improvements reimbursement b reimbursements to Improvements Agre able, to the standards of the utility or fire protection district providing the ities shall be placed underground. The TOWN and the ANNEXOR agree improvements are directly related to and generated by development within the PROPERTY and that no taking thereby will occur requiring private roads shall be constructed to the TOWN's standards. Trails ructed as an integral feature of the development, in accordance N's construction standards. All public roads, trails and right-of-ways te• the TOWN. The TOWN will install, at the ANNEXOR's signs, striping, stop signs, speed limit and other signs on e with the Model Traffic Code, as from time to time cable legal requirements. shall be installed in accordance with plans e provider and the TOWN. The type of light shall ed to provide for development of the PROPERTY elopment of adjacent property. The ANNEXOR may utilities and construct off -site improvements to utilities astructure benefitting the PROPERTY or to accommodate ithin the area. Said oversizing of utilities and off -site ties and transport. ' frastructure may be eligible for e TOWN •evel••ers, or users of the facilities. Any subject to a separate Subdivision d. The ANNEXOR agrees • provid= to T• N, a two (2) year guarantee, from the time of conditional acceptance or cons uction, for provements. If requested by TOWN, ANNEXOR agre- dedi.:te to TOW or all required improvements. e. The ANNEXOR agrees to enter 'to : SIA p other matters before any develop public improvements shall be subje for in the SIA. f. The ANNEXOR agrees to pay the full co . relocat be required by the development of the PRERTY existi within the PROPERTY or in road right-of-ways adja -nt to the including but not limited to electric or telecommunications lines and ca be relocated underground. Facilities designed for the transmission of electric energy at voltages greater than 15,000 volts shall be e requirement. g. improvements and construction of may be provided If the ANNEXOR cannot acquire an off -site easement to develop the PROPERTY, the ANNEXOR may reque in acquiring the easements or rights -of -way. Such assista be in compliance with Colorado law authorizing the TOWN s that may ad utilities Y, shall tion is nece s assist : e he TOWN all of eminent 5. in. The ANNEXOR shall advance to the TOWN all acquisition costs, g any court costs and attorneys' fees, the TOWN may incur in providing e. OR agrees to design, construct and install landscaping and park s at his sole cost and expense, in accordance with a landscaping lopment plan approved by the TOWN, to be included as part of any al plat. is ag e Th w- -r rights pu pant dedic- - e TOW cash -in -lieu may b open space. Ho domestic The ANNEX TOWN all non 103, whether a property. The TOWN and the dedicated for public us groundwater is directly r within the PROPERTY an d by the parties that the property will receive domestic water on Water District, and not from the TOWN. Therefore -2-410, Mead Municipal Code will not be required to be at at the sole discretion of the TOWN, raw water or irrigation of any lands dedicated for public use or R shall comply at the time of development with the requirements for obtaining water. my Deed acceptable to the TOWN convey to the butary groundwater as defined by C.R.S. § 37-90- ted, permitted or unpermitted, underlying the R agree that such dedication of water to irrigate lands open space and • • 'butary and not non -tributary d to and • - - - ed b development intended to occur ill occur requiring any compensation. 6. LAND DEDICATION. The de, •:tion o streets and other public ways s :II be by space and other public purposes shall b instrument of conveyance acceptab ownership shall occur immediately rights -of -way shall be dedicated at th specifies another time. The suitability a dedicated to the TOWN shall be at the so ANNEXOR agree that such dedications ar development intended to occur within the P occur requiring any compensation. sements for utilities, rights -of -way for dication. Dedications for parks and open neral Warr. Deed or appropriate WN. Such . - • ations and transfer of st of the T% N, , cept that internal subdivi •I-tti • unless the TOWN ceptan • • f - ny • • posed to be iscr_ .n •f the O e TOWN and the ated by thereby will a. Parks and Open Space. The ANNEXOR : ees to S •icate e n of Mead, a minimum of eight -hundredths (0.08) acre p- dwellin• • . • -fight (8%) percent of the gross acreage of the PROPERTY to be develope commercial/industrial uses as public land, or to pay an equivalent " h in - u" to the TOWN based on the fair market of such land, or any combin '.n of Ian• : nd cash as is negotiated and agreed upon by the ANNEXOR and fair market value of the park land is determined to be the mi acres, multiplied by the developed land value on a per •asis a •etermi by the St. Vrain Valley School District in the current dock ent en ' ed "Sch Planning Standards and Calculations of In Lieu Fees," as ' ma •e amende from time to time. The suitability of the land to be dedicate. o public purposes e credit to be given toward the land dedication requirement is at the 's sole option and discretion. The dedication of land or cash in lieu is at N's sole option and discretion. OR agrees to provide a landscaping and development plan meeting fications for dedicated public land. Provision for the construction and of the public land in accordance with the approved plans are to be rt of any subdivision final plat approval. till ility e s, i.e., Utility ease may be i c. Fai scho Distric Intergo School Sites District RE -1 Payment of t the TOWN for such payments a occur within the P compensation. asements. The ANNEXOR shall dedicate right-of-way for all ents to TOWN. All utility easements, dedicated to TOWN, the benefit of the various entities furnishing utility lephone, gas, cable TV, water, sewer and storm sewer. 'ties may be within the road or trails right-of-way and g. All utilities shall be placed underground. chool Sites. In lieu of land dedication for public sess on behalf of the St. Vrain Valley School fee per residential unit as designated in the nt Concerning Fair Contributions for Public the Town of Mead and the St. Vrain Valley School May 29, 1996, and as may be amended from time to time. all be due at the time of issuance of a building permit by residential unit. Th- N and the ANNEXOR agree that irectly rel. - . . and • nerated by development intended to ng thereby will occur requiring any 7. WATER SERVICE. It is agree • .y the p water service from the Little Thompson ANNEXOR shall comply at the time TOWN does not warrant the availab District to the ANNEXOR for any pha of purchase of a water tap for the buildi the site. If the PROPERTY is not already District, the ANNEXOR agrees to petition f of any fees and taxes levied by the District a 45-122). istrict, and ment with th er service elopme e befor he N the . The T buildi hem C sion in a condit' , 'f at the property will receive domestic t from the TOWN. The trict's requirements. The 'ttle Thompson Water N shall require proof it will be issued for ter Conservancy d to the payment (C.R.S. § 37 - SEWER SERVICE. It is agreed by the parties tha e prop will r sewer service from the (St. Vrain Sanitation District), and n • from the ANNEXOR shall comply at the time of development with the District's require TOWN does not warrant the availability and capacity of sewer service by th Sanitation District) to the ANNEXOR for any phase of development. The require proof of purchase of a sewer tap for the building site before a be issued for the site. If the PROPERTY is not already in the St. Vr the ANNEXOR agrees to petition for inclusion in said District fees and taxes levied by the District as a condition of said inclu ANNEXOR agree that such dedications are directly related to an development intended to occur within the PROPERTY and that no itary e s. The ain ent of WN an ated by ng thereby will 9. occur r g any compensation. sh. Ily gen anner th. e TOWN a lated to a t no t nformance with the TOWN's standards and specifications, the ke provisions to control all storm water runoff greater than that d from the PROPERTY. The ANNEXOR shall not alter historic flows Id adversely affect upstream, downstream or internal properties. NNEXOR agree that such drainage improvements are directly ted by development intended to occur within the PROPERTY and y will cur requiring any compensation. e plan location an to collect' ch ow each plan. sequenc The ANN XO at the time of master draina determine the b. Drainage Improv TOWN, shall state t improvements. The m. -r drai convey, collect and det irrigati shall also state the ANNEXOR's will address these responsib. reimbursements from adjace the Mead Municipal Code th NEXOR, at his sole expense shall prepare a master PERTY. The master drainage plan shall show the inage system improvements, including but not limited cilities. If the master drainage plan results in n facilities affecting other property or facility the ANNEXOR to obtain written consent from or the changes before the TOWN will approve the struct all improvements in an appropriate ds that development of the PROPERTY generates. eet all the TOWN's standards and specifications in effect ion. The TOWN may require the ANNEXOR to update the for the PROPERTY for the review of each final plat to uration, timing, an • - . onsibility for the improvements. c. Flood Plains. If any portion of th unmapped flood plains, as defined Agency (FEMA), the ANNEXOR is re materials to be submitted to FEMA for designation. Any submittal to FEMA mu TOWN before submittal to FEMA. age plan, as approved by the sibility for on -site drainage may include construction of facilities to torm water. The master drainage plan sibility for oite improvements. The SIA ail, includin• a proportionate enefitting ope owners or as stated in ct. od plain, including nagement ry design and lood plain by the d. Maintenance of Drainage Facilities. Detention ponds, private storm underdrains, and other drainage facilities shall be owned and maint ANNEXOR or a Homeowners' Association unless otherwise agre TOWN and stated in the MOAPI. 10. TRANSPORTATION FACILITIES. The ANNEXOR shall prov study in accordance with the criteria as specified by the TOWN the Sketch Plan, unless the TOWN waives the requirement. The ANNEXOR agree that such transportation improvements as depict rs, the traffi of submi - of and the the traffic study are dire a ly -lated to and generated by development intended to occur within the PRO 'TY nd that no taking thereby will occur requiring any compensation. elopment of the PROPERTY to occur, the ANNEXOR may be cquire certain off -site rights -of -way for the construction of off -site s, as identified in the approved traffic study or future updates to the uisition costs of off -site rights -of -way necessary to serve the hall be the ANNEXOR's sole responsibility, subject to as detailed in the SIA. opm ion i d. The acceptable of the P pr to trans phase c. The ANN intersection i rights -of -way the TOWN or a the PROPERTY to occur, certain on -site and off -site ents, as identified in the approved traffic study, may be shall construct the improvements in a sequence meet the demands that development of each phase ate. The ANNEXOR shall follow all applicable e Mead Municipal Code. The ANNEXOR agrees construction of all on -site and off -site accommodate needs that development of each enerate. truction of arterial street improvements, and arterial ents in excess of the cost of a collector street, excluding specific improvements, will be subject to reimbursement by nt benefitted prope. - specified in the SIA. d. The ANNEXOR is struction of all transportation improvements to ac • •m ► ..a lop ' -nt of the PROPERTY that do not directly benefit other • • erties. ' TO N shall not provide for reimbursement to the ANNEXOR for the -e expe 11. PARKS AND OPEN SPACE. The Co a rehensive P space land within the planning area. t the ti. e of platti to encumbrances acceptable to the Te ANNE develop and dedicate to the TOWN all • - rk : nd op bordering the PROPERTY as depicted in q Me configured in the approved Final Plat(s). T park and open space dedications are directl intended to occur within the PROPERTY and any compensation. 'dentifies park and open OPERTY, subject only eserve, construct, 'thin, crossing or an and as agree that such development occur requiring 12. FIRE PROTECTION. The ANNEXOR shall be solely respo ible for i - fire hydrants and other fire protection measures on the PROPERTY and its perim t- as may be required by the Mountain View Fire Protection District. 13. COST ALLOCATION AND RECAPTURE OF COSTS FOR PUBLIC IMPROVEMENTS. The TOWN may require the ANNEXOR to •ay f improvements that relate to development of the PROPERTY. improvements may benefit not only the PROPERTY, but also a the public. a. OWN shall assure construction of public improvements by requiring the OR to execute a SIA. The TOWN may require financial security by the R before development of all or any applicable phases of development. NNEXOR constructs public improvements that will also benefit other ers and the public, reimbursement to the ANNEXOR shall be he Mead Municipal Code in effect at the time of development, and ANNEXOR's SIA. NE is tha may ngtot as detailed 14. DEVELOP developme occur within governmental development im further agree that the as needed to addres and delivery of gover TOWN. The developm subdivision of the prope ANNEXOR agree that the to and generated by develo taking thereby will occur req R's property abuts or benefits from existing public ve been constructed by others (including the TOWN), the ired to participate in those public improvements nicipal Code in effect at the time of development and R's SIA. TOWN has established certain uniform ddress the effect of development intended to N's infrastructure, administration and delivery of agrees to the payment of these uniform ed by the TOWN. The TOWN and the ANNEXOR ay amend the development impact fees from time to time g effects upon the TOWNS's infrastructure, administration services as a result of development occurring within the pact fees are to b- • at the then current rate upon nd/or the ' - .f c ilding permits. The TOWN and the pment impact fees is directly related ur within the PROPERTY and that no ion. 15. ST. VRAIN VALLEY SCHOOL DISTRI MITIGATION. The ANNEXOR and development within the Town is, in classroom facilities for students in the School District has adopted a Volunta additional classroom space that is invoke area serving the proposed development ha support of the School District policy, the AN J VOLUNT recognize t dent upo ommuni tal Miti hen t e pr . To this tion Po chool, ed th XOR: Agrees to donate a voluntary miti .t .n pay School District based on the Boar.. Edu - • s Po Regulations regarding Voluntary Capital Miti • -tion; or Y CAPITAL e viability of residential ision of adequate d, the St. Vrain Valley rovide funds for within the feeder benchmark. In in Valley ii. Agrees to provide for the addition of classroom space in coo' -ratio with and under the direction of the School District; or iii. Agrees to phase the development to coincide with th additional capacity by the School District; or iv. The ANNEXOR has proposed a development tha an • - considere exempt because no students are generated by the . -v lopment. e of payment of the voluntary mitigation payment, or the participation in tary Capital Mitigation program, shall be provided to the Town by the prior to the issuance of building permits. nd the ANNEXOR agree that such payments are directly related to d by development intended to occur within the PROPERTY and that eby will occur requiring any compensation. 16. • • NFO' ANCE ITH esign, P' PERTY s be in Stan.. _ - tructio subdivision and sit landscaping, par ANNEXO Criteria an address cha governmental TOWN and the related to and genera that no taking thereb 17. OIL AND GAS DEVEL a. The ANNEXOR ag ANNEXOR will corn existing wells and pro WN REGULATIONS. The ANNEXOR agrees, without rovement, construction, development, and use of the ance with the TOWN's "Standard Design Criteria and ents" including, without limitation, those pertaining to and pedestrian ways, storm drainage, utilities, esign, and flood control. The TOWN and the N may amend the TOWN's "Standard Design quirements" from time to time as needed to N's infrastructure, administration and delivery of evelopment occurring within the TOWN. The t the necessity of such TOWN regulation is directly velopment intended to occur within the PROPERTY and ur requiring any compensation. ENT. b. The ANNEXOR agrees to provi gas gathering lines or trans gathering lines or transmiss platting and development. De transmission lines shall not be I public street rights -of -way, and sh c. The parties agree that the ANNEXO engage in the actual development of th • PR' 'ER agreement in place with the lessee(s) of i - ral int prior to final approval of the Preliminary PI. .f the • ..erty. agreement will determine the location of wells, flowli es and p and access roads to the facilities. ent of the PROPERTY, the gulations with regard to setbacks from ots, streets and buildings. ated ease s, or to relo o dedicat asemen in or is or outlots over oil and xisting oil and gas ents,or outlots during gas gathering lines or I lots, or within t right angles. d. All existing oil and gas access roads located on the PROPERTY where they are until the platting of the PROPERTY, and shall b maintenance obligation between the ANNEXOR and the oil The TOWN shall not be responsible for any maintena gas access road. nd assigns who a surface use ERTY e use cilities 18. VESTED RIGHTS. The TOWN and the ANNEXOR agree that on l h: Final Plat of the PROPE Muni pur approved by the TOWN in accordance with Sec. 16-4-107, Mead e, and amendments thereto, constitutes a site specific development plan S. § 24-68-101 et. seq., as amended, (the "Vested Rights Act") for that and in addition, that the rights which vest pursuant to the "Vested st for a period of three (3) years. NEXOR and the TOWN agree that vesting shall only occur in the OR specifically requests the approval of the TOWN to designate 'site specific development plan" for the PROPERTY. Failure of the t su an approval results in the Final Plat not being a "site specific and n. ted rights shall be deemed to have been created. The " . and for the vesting of pr growth in a plan to occur w compensa 19. EXCLUSIVI other petition fo relating to the PR gree that the need for the establishment of this process directly related to the TOWN's ability to control its ion, and is generated by the development intended at no taking thereby will occur requiring any ITION. The ANNEXOR agrees to not sign any OPERTY or any petition for an annexation election ept upon request of the TOWN. 20. THREE-MILE ANNE " TI • PLAN. The "TOWN OF MEAD 2009 COMPREHENSIVE PLAN" encompasses t - : tire PROPERTY. T. - omprehensive Plan, along with accompanying maps, pl. 7 charts an• - - . ptive aterial, has been adopted as the master plan for the three- .. . surr ng t Town of Mead as required by C.R.S. § 31-12-105 (1) (e). This " ee - ation 'Ian" has been amended to the extent necessary to incorporate the .. 've de r ed P 'OPERTY and to update the Plan by the ordinance annexing the P ' 'ERN •nd c' plies with the requirements of C.R.S. § 31-12-105 (1)(e). 21. SPECIAL PROVISIONS APPLYIN c TO TH Cottonwo. AN XATION. Certain special provisions shall apply to the on 'od attached hereto. 22. MISCELLANEOUS PROVISIONS. a. Interpretation. Nothing in this AGRE a repeal of the TOWN's ordinances or re of tions, o legislative, governmental, or police power prom. = : nd p safety, and welfare of the TOWN and its inhabitants, or shall prohibit the enactment or increase by the TOWN of any tax or fee tained in Exhibit C is e interpreted as e TOWN's ealth, EMENT b. Severability. If any part, section, subsection, sentence, clause or AGREEMENT is for any reason held to be invalid, such invalid' the validity of the remaining sections of the AGREEMENT. T declare that they would have agreed to the AGREEM section, subsection, sentence, clause or phrase thereo , that one or more parts, sections, subsections, sentence, declared invalid. • rase of shall n partie cluding •rrespec • us h pa e of the f or phrases e IS c. ments to the AGREEMENT. This AGREEMENT may be amended, at upon agreement of the parties hereto. Such amendments shall be in II be recorded with the County Clerk & Recorder of Weld County, all be covenants running with the land, and shall be binding upon all tities having an interest in the PROPERTY subject to the nless otherwise specified in the amendment. er and shall PROPE a d. Bin benefi legal rep owners of any covenants ru is AGREEMENT may be amended by the TOWN and any itho e consent of any other ANNEXOR as long as such affect ly that ANNEXOR's portion of the PROPERTY. Such is sh- be ' writing, shall be recorded with the County Clerk & of W . d Coun Colorado, shall be covenants running with the land, b - • coding - II persons or entities having an interest in the endment unless otherwise specified in the ENT shall be binding upon and inure to the the parties, their successors in interest, or their g all developers, purchasers and subsequent arcels within the PROPERTY, and shall constitute the land. e. Indemnificatio T e ANNEXOR agre TOWN and the N's offic against all liability, costs, which arise o the PROPERTY, or necessary or desirable PROPERTY, or which are in any enforcement of this AGREE handle, respond to, and to p TOWN's option to pay the atto choice for, any such liability, cla f. Termination. If the annexation of t completed then this AGREEMENT s effect whatsoever. ndemnify and hold harmless the , agents, and contractors, from and cluding attorney's fees and court ner connected with the annexation of tion or other action determined rder to effectuate the annexation of the r connecter ith the TOWN's ANNEXOR u er agrees to investigate, nse for a • -f- • against or at the es for d- -ns- c• el of the TOWN's dem son, not force and g. No Right or Remedy of Disconnection. right • edy - • isco ection of the PROPERTY from the TOWN shall accrue from t is ACRE her than provided by applicable state laws. In the event the PROPERTY or an • • ' ion thereof is disconnected at the ANNEXOR's request, the TOWN sha obligation to serve the disconnected property or portion thereof a AGREEMENT shall be void and of no further force and effect or portion thereof. h. Annexation and Zoning Subject to Legislative Discr acknowledges that the annexation and subsequent zonin are subject to the legislative discretion of the Board of Trus NNEXO EXO PROPER of the Town of No assurances of annexation or zoning have been made or relied upon by NEXOR. In the event that the Board of Trustees, in the exercise of its e discretion, does not take any action with respect to the PROPERTY templated, then the sole and exclusive remedy for the breach hereof d by the exercise of such discretion shall be the disconnection from accordance with state law, as may be appropriate. �egai iscr not • end a o rs prior • iscretion without legal tion in the Case of Challenge. The TOWN reserves the right to y legal challenge to this annexation. In the event such a challenge xpiration of any statute of limitation, the TOWN may, at its gaily fight the challenge or allow the challenge to proceed es not restrict the ANNEXOR from engaging the ives in such a defense, at no cost to the TOWN. s. Upon annexation, all subsequent development of ct to and bound by the applicable provisions of the ed, including public land dedications, provided dments to the Mead Municipal Code, after the in no way limit or impair the TOWN's obligation ally set forth in this AGREEMENT. k. Amendment- to Go erning Ordinances, Resolutions and Policies. As used in this AGRE EN ', unless otherwise specifically provided herein, any reference to an , . r vision of any TOW - nance, resolution, or policy is intended to refer • -ny subsea - en. ents or revisions to such ordinance, resolution, or polio hat such amendments or revisions shall be binding upo Legal Fees. In the eve hat eith in connection with a default by t this AGREEMENT, the defa attorney's fees and other co in enforcing the provisions of t m. Reimbursement for Other Cost for any third party costs necessary PROPERTY, including but not limite engineering, and attorney's fees for le review, which is directly linked to the PR finds it necessary to retain an attorney as to any . ' e provisions contained in shall pay ther's reasonable ng but not ' ite• • court costs, incurred EEMEN n. Cooperation. The parties agree that they will coope ate with accomplishing the terms, conditions, and provisions of the AGREEM will execute such additional documents as necessary to effectuate t o. Timely Submittal of Materials. The ANNEXOR agrees to pro documents, surveys, engineering work, newspaper publicati and other documents necessary to accomplish the an PROPERTY and the other provisions of this AGREEM urse the TOWN elopment of the ping and rmal document p• r in nd ely man Compliance with State Law. The ANNEXOR shall compl i all applicable 23. aw and regulations. g of Agreement. This AGREEMENT and any amendments thereto corded in the records of the County Clerk and Recorder, Weld County, the ANN EXO R's expense. w. In all litigation arising out of the contract, the statutory and of the State of Colorado shall be controlling, and venue shall be in urt of Weld County, Colorado. ME pa es. i Here . - no p contai = -in; an representations, or Except as provid writing, ex precedent jurisdiction. r is is AG reeme► herein e with the sari rein, thi 24. ORIGINAL CO each of which shall b same instrument. his instrument embodies the whole agreement of the terms, conditions, or obligations other than those EMENT shall supersede all previous communications, ther verbal or written, between the parties hereto. II be no modifications of this AGREEMENT except in lities as this instrument. Subject to the conditions ay be enforced in any court of competent AGREEMENT may be executed in counterparts, nal, but all of which together shall constitute one and the By this acknowledgme , t- e undersigned here• 'rtify that the above AGREEMENT is complete and true and entered oftheir o, ' - will a volition. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or Lienholder shall also sign the Agreement.) ANNEXOR: EXO R: Applicant: (attach additional signatu STATE OF COLORADO )SS. COUNTY OF The foregoing instrument was acknowledged before me this , 20 by My commission expires: Witness My hand and official seal. Notary Public TOWN OF MEAD Gary R. Shields, Mayor STATE OF CO COUNTY ment was acknowledged before me this day of as Mayor and as Town Clerk of the Town Notary Public A PAR NOR EXHIBIT "A" CATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST, OF DIAN, COUNTY OF WELD, STATE OF COLORADO. EXHIBIT "B" Water Rights Appurtenant to Property. ting of all tributary and non -tributary water rights attached to the property) any, Number of Shares Certificate Yield (cfs or acre/ft) Number(s) SP Cotton municip.. Colorado provisions sha . . . y to t conflict between the prov of this Exhibit C s all EXHIBIT "C" SIONS APPLYING TO THE COTTONWOOD ANNEXATION APPLYING TO THE COTTONWOOD ANNEXATION AND H DEVELOPMENT OF THE PROPERTY. 1. xhibit C i dA ttac ation t c . . oration, ited liab' ' h d to and incorporated into that certain Annexation Agreement for the the T ' n of Mead, by and between the Town of Mead, a Colorado einafte erred to as the "TOWN," and Sekich Properties, LLC, a com einafter referred to as the "ANNEXOR". Certain special h Annexation as set forth below and in the event of any . exation Agreement and this Exhibit C, the provisions y, ottonw ons of trol: T Special Dis desires to or: ni provisions of development of the PROPERTY includi (individually, a "Dist may mean and includ- corporate boundaries of infrastructures and the pro basis as provided by Town District's service plan, the TO of the District and the implementation o 32 an an cr= olo ublic dev t," cad shall proposed uch late • e TO i. The ANNEXOR shal ubmi later than August 1, 20 • of in notice to the TOWN, a . such service plan and the o C.R.S., § 32-1-204.5, and an the ANNEXOR acknowledge that the ANNEXOR to one . r more special districts in accordance with the vised Statutes, in order to facilitate financing and nfrastructure improvements and public facilities of the �pment of the roads, utilities and any other improvements d collectively, the "Districts"). As used herein, a "District" etropolitan d' - . e formation of Districts within the of financing and the construction of s will be considered on a case -by -case No. 7-R-2007. Upon approval of each est efforts to cooperate on the formation ice plan. 1 rvice ate tha shal ion of t ther app ' vi Dis sta an for the District(s) no 1 EXOR shall specify w d timely act upon n is accordance with e atu s. tn ii. The City shall not object to the cr ation o th 'ct hearing on the petition for the c - tion o e Dis providing the ANNEXOR with seventy-two 2) hours wr iii. ANNEXOR shall have the option to elect to disconnect the the event that any one of the following events has not occ July 1, 2018: 1. The Board of Trustees has approved - presented to the Board of Trustees by the include the minimum following terms: t any court 'thout first tice. Y in .re service .:n OR, which all a. Fifty (50) mills Maximum Debt Mill Levy, subject to adjustment in accordance with the approved Service Plan for the District(s); b. The option to impose a mill levy for operations and maintenance; and A total debt authorization of not less than Seven Million Five undred Thousand and 00/100 U.S. Dollars ($7,500,000) to ance the provision of public improvements and services orized under Title 32. 11 have approved the organization of all Districts and bt questions required by Article X, Section 20 of nstitution. been approved by the Board of Trustees to OR's satisfaction. 2. Conceptual Plan. contrary, the TOWN "Cottonwood Conceptual such concept plan has been the development of the prop supersedes any other sketch pla tanding the provisions of Section 2 of the Agreement to the the ANNEXO: hat the colored concept plan titled e February 27, 2017 public hearing, as this Exhibit C as Appendix 1, governs eneral location and intensity of use and itted. 3. Open Space Requirements. N Annexation Agreement to the contra space requirements on this property ca shown on the Cottonwood Conceptual acres, which areas shall be deemed to hav set forth in Section 6(a) of the Annexation A no cash in lieu shall be required in connects requirements. ing the pr N and t tisfied Ian, t ns of Section 6 of the OR agree that the open ce/detention areas as n approximately 10 ation requirement g the foregoing, en space or park 4. Phased Development. In compliance with Section 2 of the Agreemen , WN and the ANNEXOR agree that final platting may be phased and that a final plat for ' ha - I may be submitted with the preliminary plat for the entire property. Subsequent al plat shall generally conform to the approved preliminary plat. Final platting may 5. Special District Inclusions. ANNEXOR agrees to pet PROPERTY into the, Northern Colorado Water Conservancy School District RE -1J, and the Mountain View Fire Protection days of the effective date of the annexation, if the PROPERTY ion . Vrain -y ithin thi 0) t already included within petiti a istricts. ANNEXOR appoints the Town Clerk as its agent for the purpose of inclusion into said special districts, in the event ANNEXOR fails to do so, agrees to pay all reasonable costs associated therewith. ANN of- a wi othe to tim ts. Sections 4(a) through (e), inclusive, of the Annexation Agreement its entirety and replaced with the following: forth in this Annexation Agreement, all public and private roads shall ed for thi d two ys la and s inte EXO' shall no all be • a all, at igns • all tr- (b) Lights along electric servi TOWN and A District. TOWN standards or standards approved by the TOWN oject. Notwithstanding the foregoing, internal streets shall s in opposing directions, each lane not to exceed 12' in streets shall not be required to have curb and gutter. ired to construct any trails. All public roads and right - he TOWN or a District. The TOWN or ANNEXOR pense, street name signs, stop signs, speed limit and rdance with the Model Traffic Code, as from time licable legal requirements. icate XO t Se ,inac n . other a eets provi E (c) Notwithstanding an be sized to provide • deve ANNEXOR agrees at . time construct or install, in whole or transportation infrastructur reimbursement for such ove ANNEXOR agrees (or is for a obligated) to reimburse any other to construct or install, in whole or i transportation infrastructure, such rei a Subdivision Improvement Agreemen all be installed in accordance with plans approved by the er and the TOWN. The type of light shall be approved by the OR. All such lightin: shall be dedicated to the TOWN or a trary, utilities and internal streets shall the PROPERTY. If for any reason ize any off -sit OR shall off -site i n dee on or any utilities or internal streets, or to provements to utilities or entitled to receive a nts. If for any reason eed to or is otherwise r internal streets, or b rove to hav tity for ny off- urseme duly e impr 1 be p (d) Notwithstanding the foregoing, (i) the A XOR •! be p such necessary improvements in accordance with each deve op would trigger such improvements, and (ii) notwithstanding th ANNEXOR's obligation to construct such necessary improvement not limit to public and private roads and rights of way, street si signs speed limit and other signs, and lighting, to TOWN effective only after ANNEXOR or its successors hav property for the intended land use. ANNEXOR shall h sidewalks, curb or gutter on the internal streets of ANNEXOR shall, nonetheless, provide two all-weather me ents to utilities or t to the terms of XOR. rtted fo ncludi s, stripi andard oped 25 e no obi' he s construct ase that going, but op cres o ation to i .11 OPERTY. he f vehicular access property during development. EXOR agrees to pay the full cost of relocating existing utilities that may by the development of the PROPERTY. ANNEXOR shall have no o relocate any overhead utilities provided to the PROPERTY OR cannot acquire an off -site easement or rights -of -way necessary e PR' 'ERTY, the ANNEXOR may request the TOWN's assistance the e.. - . ents or rights -of -way. Such assistance by the TOWN shall plian wit Colorado law authorizing the TOWN's use of eminent am. The EX shall advance to the TOWN all reasonable acquisition costs, incl .ing an� • costs and attorneys' fees, the TOWN may incur in pro idi (g) The sole c approve any subdivisio gn, construct and install landscaping, if any, at its dance with a landscaping and "Open Space Plan" agreed -to by ANNEXOR, to be included as part of at. Notwithstanding the foregoing: i. A E i R shall have incluany hardscape equip improve ii. ANNEXO vegetation o .lanting otherwise require s shall not be requi ANNEXOR shall have no obli improvements. no obli_ation to install (and no plan shall f any kind, playground or exercise , shelters, or any similar structures or red to install any landscaping features, re not considered xeric or mesic, or that ntal irrigati and further, ANNEXOR de any irriga ' o o such landscape features. o unde . ound a •rm or other drainage Immediately upon any dedication o y impro is her un. r made to either the TOWN or District, all of ANNEX ' 's - pon' bi b 'rations under this Agreement with respect to such impro - ents so de. ' a ' s - immediately cease. All public improvements dedicate o and : epted the • WN or a District, shall be repaired and maintained by the TO 7. Water Rights. Notwithstanding the provisions of Section 5 of the ' _ eeme the PROPERTY will receive domestic water service from the Little Thomps ' Water s : ct, and not from the TOWN and any non -tributary and not non-tributa shall be dedicated by Bargain and Sale Deed.. . 8. Land Dedication. Notwithstanding the provisions of Sectio the Anne ion Agreement to the contrary, the TOWN and the ANNEXOR agre at the open space require open of t of dedi is open or Dis ith respect I be on this property can be satisfied by a combination of landscaped or natural e developed in accordance with an "Open Space Plan to be included as part ation." ANNEXOR may dedicate parks and open space within the istrict, provided that if parks or open space is dedicated to a District, n shall include language restricting the use of such dedicated property purposes. Immediately upon any land dedication made to either the 1 of ANNEXOR's responsibilities obligations under this Agreement and so dedicated shall immediately shall cease. All land dedicated to O y ded such the area a entified internal roadways land to TO 9. Land Dedic first full para DISTRICT". Fu contrary, dedications 10. OWTS. Notwithstan contrary, TOWN and A may be served by on -sit systems, provided flows fo such systems otherwise co Environment, On -Site Waste 43)(Eff. June 30, 2013). 11. WCR 9 1/2 Dedication; Vehicular plat are to be appropriate for one-hal Notwithstanding the foregoing, ANNE or installation of any acceleration or dece the PROPERTY from a public right of way. or a District shall be maintained by the TOWN such District. on of land required in connection with the annexation shall 11 be in the form of a Bargain and Sale Deed. Except for wood Conceptual Site Plan as "open space" and the NNEXOR shall have no obligation to dedicate any rict. Every reference to the word "TOWN" in the Annexation shall be revised to read: "TOWN or a g the provisions of Section 6 of the Agreement to the r at the time of the Final Plat. ything in the Section 8 of the Annexation Agreement to the EXOR agrees . . i t' twenty (20) lots within the Property systems, including leach field septic greater than 2,000 gallons per day and o Department of Public Health and ystem Regulation #43 (5 CCR 1002 - he dedic requir shall WCR 9 1/2 on any final for an arterial road. for the construction o any entrance to 12. Maintenance of Drainage Facilities. The fa it es refe nc:. i . ec ' . 9(d) of the Agreement may be owned by a District. 13. Cost Allocation and Recapture of Costs For Public an Improvements. In accordance with the provisions of Section 13, the parti that the ANNEXOR shall be entitled to recover a portion of its expens from subsequent development that uses capacity in facilities provide The recovery allowed shall be in direct proportion to the amo used by the subsequent development. The ANNEXOR shall p signed statement of reimbursement charges from a qualified en supporting documentation, setting a dollar amount per measurab ereb under the A acity i vide th 'nee mon gree IA OWN i a accompaniby nit to be charged subseq nt • evelopers for their proportional share of the total capacity in the public impr. ement The reimbursement charge is subject to approval by the TOWN and is de fined .. e division of the total cost of the facility by the total number of measurable allons, dwelling units, trips generated, acreage, square footage, etc.) in ineer's statement of reimbursement charges shall be attached to the therein. The ANNEXOR may recover for only that portion of the by a subsequent developer. Such recovery shall be assignable to a PROPERTY at the ANNEXOR'S discretion. Notwithstanding the 3(c the Annexation Agreement, if utility, public safety or other availa. - o coordinate with the ANNEXOR's development schedule, A • XOR . ', in A►' IE "SR's sole discretion, proceed with the development of the property the ad ceme funds necessary to ensure that the utility, public safety or other public s ices ar. . i .le prior to the completion and/or occupancy of the developmet. e ANN' ' OR • a be entitled to recover a portion of his advancement under the 1► from s :went eve .pment that uses capacity in the facilities provided by ANNE R at a co ction. The recovery allowed shall be in direct proportion to e . oun . f . pacify ' the facilities used by the subsequent development. aci ty. Th d incorp ities that istrict affe visio 14. Development Impa Agreement to the co rate upon the issuance Notwithstanding the provisions of Section 14 of the development impact fees are to be paid at the then current lding permits. 15. Mitigation of Capital E ; cols. ction 15 of the Agreement is hereby deleted in its entirety. 16. Vested Rights. Notwithstan• g the Agreement to the contrary, the right to evel. , the prope under any Zoning Map approved he h sh. vest for a p of the recordation of this Annexation : eem: t. Witho identified below shall constitute the ve' d p .perty i. The right to develop, plan PROPERTY in the manner an and LI land use, in accordanc Chapter 16 of the Mead Municip ii. The right to develop the Annexatio and at the time as market conditions dicta e, subjec conditions of this Agreement, the GC and LI land use, in the land use categories contained in Chapter 16 of the M Code, and the availability of municipal utilities. iii. The right to apply for and, upon compliance with the of this Agreement, the GC and LI land use, in a categories contained in Chapter 16 of the Mea Municipal Code, to receive grading permits, buil of occupancy, and other TOWN permits necess of Section 17 of the Annexation n accordance herewith and of 20 years from the date the foregoing, the rights Agreement: n the Annexation pursuant to GC ries contained in t the rate, o - • rms and acc.. , e with ipal lan Codea . e its, certi • . tes for development, construction and occupancy of improvements within the PROPERTY The right to develop and complete the development of the PROPERTY with nditions, standards, dedications, exactions and requirements which are no e onerous than those imposed by the TOWN upon other developers in ity on a uniform, non-discriminatory and consistent basis. future ordinance, resolution, rule, regulation, standard, directive, ion, zoning, land use or other legal administrative action diminishes sted property rights set out herein, the ANNEXOR shall be entitled to ges, i uded all accrued interest, as set out in the Vested PROPERTY is Sta 17. Combm . • n of Ce contiguous lots in matter upo ap Trustees o lots in the P of 25 acres a requirement of 18. Setbacks. Notwiths facilities for lots stree of the Annexation Agre 19. Assignment. The rights, assigned to another person ntity however, that ANNEXOR sh.'. have controlled by ANNEXOR without such all of the rights, duties and obligat. shall be correspondingly relieved fro dministrative Matter. ANNEXOR may combine any up to an aggregate size of 4 acres as an administrative without any requirement of approval by the Board of ddition, ANNEXOR may combine any contiguous astern 50% of the Property, up to an aggregate size tter upon approval of TOWN staff without any of Trustees or Planning Commission. ection 17(a), all setbacks from existing wells and production uildings shall not be greater than those in effect as of the date nt. 20. Reimbursement for Other Costs. No Agreement, the ANNEXOR shall have not party costs necessary for the orderly and pro of $10,000 in the aggregate. of the ANNEXOR hereunder may be the consent of the TOWN; provided, to make such assignment to an entity . In such e ' t, the assignee shall assume ANNEXO liabilitie under and the ANEXOR d obligations. of the Annexation WN for any third RTY, in excess 21. Agreement. In the event of a conflict between th erms a is Ex ' . C, a . the body of the Annexation Agreement, the terms set forth in this xhibit C s : ail. All references to the Annexation Agreement or Agreement set forth in this Exhib' C , in the body of the Annexation Agreement, shall mean the entirely of the Annexat'' Agre: ent, as modified by this Exhibit C. 22. References. Any reference to any municipal code, or local st regulation shall mean and refer to the code, statute, rule or re: lation i fect as Effective Date of the Annexation Agreement unless the context pr- y states ththe reference is to the code, statute, rule or regulation as may be in effe• ' om time to time. 23. Noti pa Copy to: tices, demands or other documents required or desired to be given to either greement shall be made in writing and shall be deemed effective upon personally delivered or mailed by certified mail as follows: Properties, LLC (THE REMAINDE ' OFT ' IS PAGE IS INTENTIONALLY LEFT BLANK) PRELIMINARY SUBSURFACE EXPLORATION REPORT THE COTTONWOOD PROPERTY EAST OF WELD COUNTY ROAD 9%; SOUTH OF WELD COUNTY ROAD 32 MEAD, WELD COUNTY, COLORADO EEC PROJECT NO. 1162107 Prepared for: Sekich Properties 6790 CR 32 Platteville, Colorado 80651 Attn: Mr. Nick Sekich (Butchsekich(aaol.com) Prepared by: Earth Engineering Consultants, LLC 4396 Greenfield Drive Windsor, Colorado 80550 November 22, 2016 Sekich Properties 6790 CR 32 Platteville, Colorado 80651 Attn: Mr. Nick Sekich (ButchsekichAaol.com) Re: Preliminary Subsurface Exploration Report The Cottonwood Property East of Weld County Road 9Y2; South of Weld County Road 32 Mead, Weld County, Colorado EEC Project No. 1162107 Mr. Sekich: EARTH ENGINEERING CONSULTANTS, LLC Enclosed, herewith, are the results of the preliminary subsurface exploration completed by Earth Engineering Consultants, LLC (EEC) personnel for the referenced project. For this preliminary exploration, a total of six (6) soil borings were drilled at the approximate locations as indicated on the enclosed test boring location diagram. The borings were extended to depths of approximately 20 feet below existing site grades. Individual boring logs, results of laboratory testing, and preliminary design recommendations based on the subsurface conditions at the locations as described herein, are included as a part of the attached report. This exploration was completed in general accordance with our proposal dated October 3, 2016. In summary, the subsurface soil conditions encountered in the preliminary test borings generally consisted of sandy lean clay overlying sandstone bedrock interbedded siltstone/claystone lenses were encountered at increased depths. The essentially cohesive soils were generally medium stiff to stiff with occasional soft zones and generally exhibited low swell potential at current moisture and density conditions. The cohesive soils were underlain at depths of approximately 5 to 16 feet by sandstone bedrock. Groundwater was encountered at depths of approximately 4 to 8 feet during the drilling operations. The borings were backfilled upon completion of drilling, therefore subsequent groundwater measurements were not performed. Based on the materials observed within the test borings and the projected foundation loads, we expect lightly to moderately loaded, commercial/industrial structures could be supported on conventional type spread footings bearing either approved native/undisturbed subsoils and/or on a zone of approved engineered/controlled placed fill material. Drilled pier foundations could be used for support of moderate to heavy loads. The commercial/industrial builders should be involved in developing the 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 EEC Project No. 1162107 November 22, 2016 Page 2 Earth Engineering Consultants, LLC criteria for subgrade preparation in the building areas. Building specific explorations and/or input of specific builders might result in differing recommendations based on encountered conditions, actual design loads, final overlot grading plans, and builder/owner preferences. In general, it appears that a zone of reworked site materials with possible subgrade stabilization could be used for support of site pavements; however, the cohesive subsoil materials may be subject to strength loss and instability when wetted. Close monitoring and evaluation during the construction phase should be performed to reduce post -construction movement. Preliminary geotechnical recommendations concerning design and construction of foundation systems and support of floor slabs and pavements are provided within the text of the enclosed report. A final, more thorough subsurface exploration should be performed for each lot after final grades and building layouts have been determined. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning the enclosed report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth En •p eering Consultants, LLC David A. Richer, P.E. Senior Geotechnical Engineer Reviewed by: Lester L. Litton, P.E. Principal Engineer cc: TB ( Group — Ms. Kristin Turner (Kristin`uitbgroup.us) Coffey Engineering — Mr. Troy Campbell (tcampbel1 coffeyengineering.com) PRELIMINARY SUBSURFACE EXPLORATION REPORT THE COTTONWOOD PROPERTY EAST OF WELD COUNTY ROAD 9%; SOUTH OF WELD COUNTY ROAD 32 MEAD, WELD COUNTY, COLORADO EEC PROJECT NO. 1162107 November 22, 2016 INTRODUCTION The preliminary subsurface exploration for the proposed Cottonwood Property development planned east of Weld County Road (WCR) 9% between WCR 32 and WCR 30 (Colorado Highway 66) in Mead, Weld County, Colorado has been completed. The project site includes approximately 60 acres planned for commercial/industrial development. For this preliminary exploration, we completed six (6) soil borings on November 4, 2016, extending to depths of approximately 20 feet below present site grades at selected locations to develop general information on existing subsurface conditions. A boring location diagram indicating the approximate boring locations and individual boring logs are included with this report. We understand The Cottonwood Property will be developed as a mixed commercial/industrial development including various access roadways and pavements. We expect foundation loads for the proposed commercial/industrial structures would be light to moderate with light to moderate floor loads. We expect the site structures would likely be slab -on -grade construction. We expect the site roadways would be classified as local industrial/commercial and collector industrial/commercial with light to moderate traffic loads for individual site access and parking area pavements. We expect maximum cuts and fills less than 5 feet would be needed to develop overall site grades. The purpose of this report is to describe the subsurface conditions encountered in the borings, analyze and evaluate the test data, and provide preliminary geotechnical recommendations concerning proposed development of this site. EXPLORATION AND TESTING PROCEDURES The test borings were located in the field by Earth Engineering Consultants, LLC (EEC) personnel by pacing and estimating locations based on site features. The approximate boring locations are indicated on the attached boring location diagram. The drill locations should be considered accurate only to the degree implied by the methods used to make the field measurements. Photographs of the site taken at the time of drilling are included with this report. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 2 The borings were performed using a truck -mounted CME-55 drill rig equipped with a hydraulic head employed in drilling and sampling operations. The boreholes were advanced using 4 -inch nominal diameter continuous flight augers. Samples of the subsurface materials encountered were obtained using split -barrel and California barrel sampling procedures in general accordance with ASTM Specifications D1586 and D3550, respectively. In the split -barrel and California barrel sampling procedures, standard sampling spoons are driven into the ground by means of a 140 -pound hammer falling a distance of 30 inches. The number of blows required to advance the samplers is recorded and is used to estimate the in -situ relative density of cohesionless soils and, to a lesser degree of accuracy, the consistency of cohesive soils and hardness of weathered bedrock. In the California barrel sampling procedure, relatively intact samples are obtained in brass liners. All samples obtained in the field were sealed and returned to our laboratory for further examination, classification and testing. Laboratory moisture content tests were performed on each of the recovered samples. In addition, selected samples were tested for fines content and plasticity by washed sieve analysis and Atterberg limits tests, respectively. Swell/consolidation tests were completed on selected samples to evaluate the subgrade materials' tendency to change volume with variation in moisture content and load. Select samples were also tested to determine its quantity of water soluble sulfates. Results of the outlined tests are indicated on the attached boring logs and summary sheets. As a part of the testing program, all samples were examined in the laboratory and classified in general accordance with the attached General Notes and the Unified Soil Classification System, based on the sample's texture and plasticity. The estimated group symbol for the Unified Soil Classification System is shown on the boring logs and a brief description of that classification system is included with this report. Classification of the bedrock was based on visual and tactual evaluation of disturbed samples and auger cuttings. Coring and/or petrographic analysis may reveal other rock types. SITE AND SUBSURFACE CONDITIONS The proposed Cottonwood property is located east of WCR 9'/z between WCR 32 and WCR 30 (Colorado Highway 66) in Mead, Colorado. The project site is agricultural land consisting of a Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 3 disked field. Surface drainage on the site is generally to the east and north with relief across the site of approximately 25 feet. A water supply ditch borders the north and east sides of the site. An EEC field engineer was on -site during drilling to direct the drilling activities and evaluate the subsurface materials encountered. Field descriptions of the materials encountered were based on visual and tactual observation of disturbed samples and auger cuttings. The boring logs included with this report may contain modifications to the field logs based on results of laboratory testing and engineering evaluation. Based on the results of the field and laboratory evaluation, subsurface conditions can be generalized as follows. Varying topsoil was typically encountered at the surface of the borings. The subsurface soils encountered beneath the topsoil generally consisted of a cohesive overburden zone, classified as lean clay with varying amounts of sand. The consistency of the cohesive soils ranged from very stiff to stiff. Occasional soft / loose zones were observed near the water table. The cohesive soils generally exhibited low swell potential at current moisture and density conditions. The cohesive soils were underlain at depths of approximately 5 to 16 feet by predominately sandstone bedrock. Occasional zones/seams of claystone were interbedded with the sandstone bedrock. The bedrock was generally moderately hard with low measured swell potential. The bedrock extended to the bottom of the borings at depths of approximately 20 feet. The stratification boundaries indicated on the boring logs represent the approximate locations of changes in soil and bedrock types. In -situ the transition of materials may be gradual and indistinct. Groundwater Observations Observations were made while drilling to detect the presence and depth to hydrostatic groundwater. At the time of our field exploration free water was observed at depths of approximately 4 to 8 feet below present ground surface. The borings were backfilled upon completion and groundwater readings were not made after drilling. Groundwater measurements provided with this report are indicative of groundwater levels at the locations and at the time the borings/groundwater measurements were completed. Fluctuations in groundwater levels can occur over time depending on variations in hydrologic conditions and other conditions not apparent at the time of this report. Monitoring in cased borings, Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 4 sealed from the influence of surface infiltration, would be required to more accurately evaluate groundwater levels and fluctuations in the groundwater levels over time. Perched and/or trapped water may be encountered in more permeable zones in the subgrade soils at times throughout the year. Perched water is commonly encountered in soils immediately overlying less permeable bedrock materials. Fluctuations in ground water levels and in the location and amount of perched water may occur over time depending on variations in hydrologic conditions, irrigation activities on surrounding properties and other conditions not apparent at the time of this report. ANALYSIS AND RECOMMENDATIONS Swell/Consolidation Test Results As a part of our laboratory testing, we conducted six (6) swell/consolidation tests on samples of the overburden cohesive subsoils and underlying bedrock. The swell index values for the samples analyzed revealed low swell characteristics in the overburden soils and underlying bedrock. Results of the laboratory swell tests are indicated on the attached boring logs and on the enclosed summary sheets. The Colorado Association of Geotechnical Engineers (CAGE) uses the following information to provide uniformity in terminology between geotechnical engineers to provide a relative correlation risk performance to measured swell. "The representative percent swell values are not necessarily measured values; rather, they are a judgment of the swell of the soil and/or bedrock profile likely to influence slab performance." Geotechnical engineers use this information to also evaluate the swell potential risks for foundation performance based on the risk categories. TABLE 1: Recommended Representative Swell Potential Descriptions and Corresponding Slab Performance Risk Categories Slab Performance Risk Category Representative Percent Swell (500 psf Surcharge) Representative Percent Swell (1000 psf Surcharge) Low 0to<3 0<2 Moderate 3 to <5 2 to <4 High 5to<8 4to<6 Very High > 8 > 6 Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 5 Based on the laboratory test results, the in -situ samples of overburden subsoils and the underlying bedrock were generally in the low swell range. It should be noted that interbedded, moderately to highly expansive claystone lenses may exist within the bedrock formation. General Considerations Groundwater was encountered at depths as shallow as less than 4 feet to approximately 8 feet below existing site grade. If lower level construction is considered for the site, we would suggest that the lower level subgrade(s) be placed a minimum of 4 feet above the maximum anticipated rise in groundwater levels, or a combination exterior and interior perimeter drainage system(s) be installed. Also, consideration could be given to designing and installing an area underdrain system to lower the groundwater levels provided a gravity discharge point can be established. If a gravity outlet/system cannot be designed another consideration would be to design and install a mechanical sump pump system to discharge the collected groundwater within the underdrain system. Consideration could also be given to elevating/raising the site grades to establish the minimum required 4 -foot separation to the maximum anticipated rise in groundwater. Site Preparation Any existing vegetation and topsoil should be removed from beneath site fills, roadways or building subgrade areas. Stripping depths should be expected to vary, depending, in part, on past agricultural and/or site usage activities. Any soft native soils observed following over excavation should be removed from improvement, backfill and fill areas. In addition, any soft/loose native soils or any existing fill materials without documentation of controlled fill placement would generally require removal from improvement and/or new fill areas. After stripping and completing all cuts and prior to placement of any fill, building improvements or pavements, the exposed soils would likely be scarified to a minimum depth of 9 inches, adjusted in moisture content and compacted to at least 95% of the material's maximum dry density as determined in accordance with ASTM Specification D698, the standard Proctor procedure. The moisture content of the scarified materials would be adjusted, potentially, to be within a range of ±2% of standard Proctor optimum moisture, at the time of compaction. In areas of shallow groundwater, alternative means may be required to develop stable subgrades for fill placement, depending part on proposed fill depths. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 6 Fill materials used to establish grades in the building areas and pavement/flatwork areas, after the initial zone has been prepared/stabilized, should consist of approved on -site sandy lean clay or approved similar low volume change import material which is free from organic matter and debris. Site overlot fill soils should be placed in maximum 9 -inch loose lifts, and be moisture conditioned and compacted as recommended for the scarified soils. Alternative moisture contents may be required by individual owner/engineers. If structural fill materials are used for site fill, they should be graded similarly to a CDOT Class 5, 6 or 7 aggregate base with sufficient fines to prevent ponding of water within the fill. Structural fill material should be placed in loose lifts not to exceed 9 inches thick, adjusted to a workable moisture content and compacted to at least 95% of standard Proctor maximum dry density as determined by ASTM Specification D698. Care should be taken to develop relatively uniform fills and avoid placing "pockets" of clean granular soils within predominately cohesive fill embankments. Specific explorations should be completed for each building lot to develop recommendations specific to the proposed structure and owner/builder and for specific pavement sections. A greater or lesser degree of compaction could be specified for specific individual structures along with alternative moisture requirements. The preliminary recommendations provided in this report are, by necessity, general in nature and would be superseded by site specific explorations/recommendations. Care should be taken after preparation of the subgrades to avoid disturbing the subgrade materials. Positive drainage should be developed away from structures and across and away from pavement edges to avoid wetting of subgrade materials. Subgrade materials allowed to become wetted subsequent to construction of the structure, and/or pavements can result in unacceptable performance of those improvements. Foundation Systems — General Considerations The soft/wet subsoils will require particular attention in the design and construction of site foundations to reduce the amount of post -construction movement due to in -situ soft/compressible characteristics. Groundwater was also encountered at relatively shallow depths across the site which will require special attention in the overall design and construction of the project. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 7 The following foundation systems were preliminarily evaluated for use on the site; however final subsurface explorations should be performed after building footprints and elevations have been better defined and actual design loads determined: • Conventional type spread footings bearing on native subsoils or engineered controlled fill material, and • Grade beams and straight shaft piers/caissons drilled into the bedrock. Preliminary Spread Footing Foundation Recommendations We anticipate use of conventional footing foundations could be considered for at least a portion of the lightly loaded structures at this site. We expect footing foundations would be supported either on the native soils or on newly placed and compacted fills. Soft zones were observed in the lean clay soils so that care will be necessary to see that foundations are not supported directly on soft materials. Mitigation for soft subgrade soils should be expected in areas of shallow groundwater. Additionally, a separation between the groundwater and the building footings should be maintained In areas where the cohesive subsoils exhibited elevated moisture contents near and/or encroaching on the groundwater levels we would expect these soft zones would require particular attention/ground modification procedures to develop increased support capacity characteristics. We expect enhancing/stiffening of the subgrade/bearing soils could be accomplished by incorporating into the soft/compressible subsoils a layer of granular material, such as a 3 -inch minus pit run and/or recycled concrete or equivalent material, embedded into the soft soils, prior to placement of additional fill material or operating heavy earth -moving equipment as an initial stabilization technique. For design of footing foundations bearing on approved native subsoils, (i.e., the native subsoils in which soft/compressible conditions are not encountered), or on properly placed and compacted fill materials as outlined above, maximum net allowable total load soil bearing pressures on the order of 1,500 to 2,500 psf could be considered depending upon the specific backfill material used. Footing foundations should maintain separation above maximum anticipated rise in groundwater elevation of at least 4 feet. The net bearing pressure refers to the pressure at foundation bearing level in excess of the minimum surrounding overburden pressure. Total load would include full dead and live loads. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 8 Exterior foundations and foundations in unheated areas are typically located at least 30 inches below adjacent exterior grade to provide frost protection. Formed continuous footings would have minimum widths of 12 to 16 inches and isolated column foundations would have a minimum width of 24 to 30 inches. Trenched foundations or grade beam foundations could probably be used in the near surface soils. If used, trenched foundations would have a minimum width of 12 inches and formed continuous foundations a minimum width of 8 inches. Preliminary Drilled Pier Foundations Depending upon the specific location, the depth to the bedrock, the amount of site grading and/or foundation loads expected, an alternative foundation system would be to support selected structures on a grade beam and straight shaft drilled pier/caisson foundation system. Bedrock was observed across the site at approximate depths of 5 to 16 feet below existing site grades. Drilled piers would develop support capacity through end bearing and skin friction in the bedrock underlying the site. The design parameters for the drilled pier foundations would need to be developed in the specific structure areas due to the variable nature of the subsurface materials observed across the site. Drilled piers typically extend into weathered bedrock on the order of approximately 10 to 15 feet or to a minimum length of 25 feet or greater, whichever results in the longer drilled pier. For design of drilled pier foundations bearing in the moderately hard weathered sandstone bedrock, we anticipate total load end bearing pressures on the order of approximately 35,000 psf could be used along with a skin friction value of 3,500 psf. Minimum dead load pressures would likely not be required on drilled pier foundations bearing on sandstone bedrock. We expect temporary casing will be required to adequately/properly drill and clean piers prior to concrete placement. Groundwater should be removed from each pier hole prior to concrete placement. Pier concrete should be placed immediately after completion of drilling and cleaning. If pier concrete cannot be placed in dry conditions, a tremie could be used for concrete placement. Due to potential sloughing and raveling, foundation concrete quantities may exceed calculated geometric volumes. Pier concrete with slump in the range of 5 to 8 inches is recommended. Casing used for pier construction should be withdrawn in a slow continuous manner maintaining a sufficient head of concrete to prevent infiltration of soil/water or the creation of voids in pier concrete. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 9 Preliminary Floor Slab/Exterior Flatwork Subgrades Floor slab subgrades should be prepared as outlined in the Site Preparation section of this report. If the subgrades become dry and desiccated prior to floor slab construction, it may be necessary to rework the subgrades prior to floor slab placement. Fill soils required to develop the floor slab subgrades should consist of approved, low -volume change materials which are free from organic matter and debris. Those fill materials should be placed as outlined in the section Site Preparation. Preliminary Pavement Subgrades Subgrades for site pavements should generally be prepared as outlined in the section titled Site Preparation. Depending on site grading, additional recommendation may be appropriate for developing subgrades near the observed groundwater levels. After completion of the pavement subgrades, care should be taken to prevent disturbance of those materials prior to placement of the overlying pavements. Soils which are disturbed by construction activities should be reworked in - place or, if necessary, removed and replaced prior to placement of overlying fill or pavements. Depending on final site grading and/or weather conditions at the time of pavement construction, stabilization of a portion of the site pavement subgrades may be required to develop a paving platform. The site clayey soils could be subject to instability at higher moisture contents. Stabilization could also be considered as part of the pavement design. Preliminary Site Pavements Pavement sections are based on traffic volumes and subgrade strength characteristics. The lean clay site soils have low remolded strength. We estimate an R -value of 10 would be appropriate for design of the pavements supported on the subgrade soils. Suggested preliminary pavement sections for local roadways and site pavements are provided in the table below. Thicker pavement sections may be required for roadways carrying heavier traffic load or volumes. A final pavement design thickness evaluation will be determined when a pavement design exploration is completed. The projected traffic may vary from the traffic assumed from the roadway classification based on a site specific traffic study. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 10 TABLE II - PRELIMINARY PAVEMENT SECTIONS Site Pavements Low Volume Roadways EDLA — assume local residential roadways 10 25 Reliability 75% 85% Resilient Modulus 3562 3562 PSI Loss — (Initial 4.5, Terminal 2.0 and 2.3 respectively) 2.5 2.2 Design Structure Number 2.60 3.20 Composite Section without Fly Ash — Alternative A Hot Mix Asphalt (HMA) Grading S (75) PG 58-28 4" 5-1/2" Aggregate Base Course ABC — CDOT Class 5 or 6 8" 8" Design Structure Number (2.64) (3.30) Composite Section with Fly Ash — Alternative B Hot Mix Asphalt (HMA) Grading S (75) PG 58-28 4" 4" Aggregate Base Course ABC — CDOT Class 5 or 6 6 " 8" Fly Ash Treated Subgrade 12" 12" Design Structure Number (3.02) (3.24) PCC (Non -reinforced) — placed on an approved subgrade 5-1/2" 7" Asphalt surfacing should consist of grading S-75 or SX-75 hot bituminous pavement with PG 64-22 or PG 58-28 binder in accordance with Weld County requirements. Aggregate base should be consistent with Class 5 or Class 6 aggregate base. A suggested specification for stabilization of the subgrades with class C fly ash is included with this report. Underground Utility Systems All piping should be adequately bedded for proper load distribution. It is suggested that clean, graded gravel compacted to 70 percent of Relative Density ASTM D4253 be used as bedding. Where utilities are excavated below groundwater, temporary dewatering will be required during excavation, pipe placement and backfilling operations for proper construction. Utility trenches should be excavated on safe and stable slopes in accordance with OSHA regulations as further discussed herein. Backfill should consist of the on -site soils or approved imported materials. The pipe backfill should be compacted to a minimum of 95 percent of Standard Proctor Density ASTM D698. Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 11 Other Considerations and Recommendations Groundwater was observed at depths of approximately 4 feet to 8 feet below present site grades. Excavations extending to the wetter soils could create difficulties for backfilling of the sewer trenches with drying of the subgrade soils required to use those materials as backfill. In general, we believe the subgrade soils could be used as overlot fill and backfill soils although care will be necessary to maintain sufficient moisture to reduce potential for post -construction movement. Excavations into the on -site soils will encounter a variety of conditions. Excavations into the clays can be expected to stand on relatively steep temporary slopes during construction; however, caving soils may also be encountered especially in close proximity to the groundwater table. Groundwater seepage should also be anticipated for utility excavations. The individual contractor(s) should be made responsible for designing and constructing stable, temporary excavations as required to maintain stability of both the excavation sides and bottom. All excavations should be sloped or shored in the interest of safety following local and federal regulations, including current OSHA excavation and trench safety standards. Positive drainage should be developed away from the site structure(s) with a minimum slope of 1 inch per foot for the first 10 feet away from the building in landscaped areas. Flatter slopes could be used in hardscape areas provided positive drainage is maintained. Potential settlement adjacent to the structure should be considered when developing positive drainage. Water Soluble Sulfates (SO4) Samples of the subgrade materials were tested for water soluble sulfates (SO4) to evaluate the impact these soils would have on Portland cement concrete. Based on these results, which are shown in the table below, ACI 318, Section 4.2 indicates the site subgrade soils have a low risk of sulfate attack on Portland cement concrete, (i.e., a low risk is between 0.0% to 0.10%, a moderate risk is between 0.10% to 0.20%, and a severe risk is between 0.20% to 2.0%). Tale HI: Water Soluble Sulfate Test Results Sample Location Description Water Soluble Sulfate (Sad Content (mg/kg) Soluble Sulfate Content (%) CLASS Cement Required for USE B-3, S-2 (a, 9' Sandstone Bedrock 800 0.08 Class 0 B-4, S-1 a, 2' Sandy Lean Clay 340 0.03 Class 0 Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 12 Based on the results as presented above, ACI 318, Section 4.2 indicates the site soils and underlying bedrock have a low risk of sulfate attack on Portland cement concrete. Therefore, ACI 318, Section 4.2 suggests Type I Portland cement may be suitable for concrete development. However, if there is no, or minimal cost differential, a Type I/II Portland cement is recommended for additional sulfate resistance of construction concrete. Table IV: Requirements to Protect Against Damage to Concrete by Sulfate Attack from External Sources of Sulfate Severity of Sulfate exposure Water-soluble sulfate (SO4) in dry soil, percent Water -cement ratio, maximum Cementitious material requirements Class 0 0.00 to 0.10% 0.45 Class 0 Class 1 0.11 to 0.20% 0.45 Class 1 Class 2 0.21 to 2.00% 0.45 Class 2 Class 3 2.01 of greater 0.45 Class 3 GENERAL COMMENTS The analysis and recommendations presented in this report are based upon the data obtained from the soil borings performed at the indicated locations and from any other information discussed in this report. This report does not reflect any variations which may occur between borings or across the site. The nature and extent of such variations may not become evident until construction. If variations appear evident, it will be necessary to re-evaluate the recommendations of this report. Site specific explorations will be necessary for the proposed site buildings; we suggest those explorations be completed by individual builders, if possible, prior to completing any site work. It is recommended that the geotechnical engineer be retained to review the plans and specifications so that comments can be made regarding the interpretation and implementation of our geotechnical recommendations in the design and specifications. It is further recommended that the geotechnical engineer be retained for testing and observations during the infrastructure construction phases to help determine that the design requirements are fulfilled. The builders should direct the testing of individual lot development. This report has been prepared for the exclusive use of Sekich Properties for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranty, express or implied, is made. In the event that any changes in the nature, design or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are Earth Engineering Consultants, LLC EEC Project No. 1162107 November 22, 2016 Page 13 reviewed and the conclusions of this report modified or verified in writing by the geotechnical engineer. DRILLING AND EXPLORATION DRILLING & SAMPLING SYMBOLS: SS: Split Spoon - 13/8" I.D., 2" O.D., unless otherwise noted ST: Thin -Walled Tube - 2" O.D., unless otherwise noted R: Ring Barrel Sampler - 2.42" I.D., 3" O.D. unless otherwise noted PA: Power Auger HA: Hand Auger DB: Diamond Bit = 4", N, B AS: Auger Sample HS: Hollow Stem Auger PS: Piston Sample WS: Wash Sample FT: Fish Tail Bit RB: Rock Bit BS: Bulk Sample PM: Pressure Meter WB: Wash Bore Standard "N" Penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2 -inch O.D. split spoon, except where noted. WATER LEVEL MEASUREMENT SYMBOLS: WL : Water Level WCI: Wet Cave in DCI: Dry Cave in AB : After Boring WS : While Sampling WD : While Drilling BCR: Before Casing Removal ACR: After Casting Removal Water levels indicated on the boring logs are the levels measured in the borings at the time indicated. In pervious soils, the indicated levels may reflect the location of ground water. In low permeability soils, the accurate determination of ground water levels is not possible with only short term observations. DESCRIPTIVE SOIL CLASSIFICATION Soil Classification is based on the Unified Soil Classification system and the ASTM Designations D-2488. Coarse Grained Soils have move than 50% of their dry weight retained on a #200 sieve; they are described as: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are described as : clays, if they are plastic, and silts if they are slightly plastic or non -plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse grained soils are defined on the basis of their relative in - place density and fine grained soils on the basis of their consistency. Example: Lean clay with sand, trace gravel, stiff (CL); silty sand, trace gravel, medium dense (SM). CONSISTENCY OF FINE-GRAINED SOILS Unconfined Compressive Strength, Qu, psf Consistency < 500 500 - 1,000 1,001- 2,000 2,001- 4,000 4,001- 8,000 8,001- 16,000 Very Soft Soft Medium Stiff Very Stiff Very Hard RELATIVE DENSITY OF COARSE -GRAINED SOILS: N-Blows/ft 0-3 4-9 10-29 30-49 50-80 80 + Relative Density Very Loose Loose Medium Dense Dense Very Dense Extremely Dense PHYSICAL PROPERTIES OF BEDROCK DEGREE OF WEATHERING: Slight Slight decomposition of parent material on joints. May be color change. Moderate Some decomposition and color change throughout. High Rock highly decomposed, may be extremely broken. HARDNESS AND DEGREE OF CEMENTATION: Limestone and Dolomite: Hard Difficult to scratch with knife. Moderately Can be scratched easily with knife. Hard Cannot be scratched with fingernail. Soft Can be scratched with fingernail. Shale, Siltstone and Claystone: Hard Can be scratched easily with knife, cannot be scratched with fingernail. Moderately Can be scratched with fingernail. Hard Soft Can be easily dented but not molded with fingers. Sandstone and Conglomerate: Well Capable of scratching a knife blade. Cemented Cemented Can be scratched with knife. Poorly Can be broken apart easily with fingers. Cemented Earth Engineering Consultants, LLC UNIT FD SOIL CLASSIFICATION SYSTEM Soil Classification Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests Group Group Name Symbol Coarse - Grained Soils more than 50% retained on No. 200 sieve Gravels more than 50% of coarse fraction retained on No. 4 sieve Clean Gravels Less Cu≥4 and 1<Cc≤3E than 5% fines GW Well -graded gravel F Cu<4 and/or 1>Cc>3E GP Poorly -graded gravel r Gravels with Fines Fines classify as ML or MH more than 12% fines GM Silty gravel °" Fines Classify as CL or CH GC Clayey Gravel F'°'" Sands 50% or more coarse fraction passes No. 4 sieve Clean Sands Less than 5% fines Cu≥6 and 1<Cc≤3E SW Well -graded sand' Cu<6 and/or 1>Cc>3E SP Poorly -graded sand' Sands with Fines more than 12% fines Fines classify as ML or MH SM Silty sand °'"'' Fines classify as CL or CH SC Clayey sand °'" Fine -Grained Soils 50% or more passes the No. 200 sieve Silts and Clays Liquid Limit less than 50 inorganic PI>7 and plots on or above "A" Line CL Lean clay "M PI<4 or plots below "A" Line ML Silt K'`'M organic Liquid Limit - oven dried Liquid Limit - not dried <0.75 OL Organic clay K,L,M" Organic silt K'`'M'° Silts and Clays Liquid Limit 50 or more inorganic PI plots on or above "A" Line CH Fat clay K,L,M PI plots below "A" Line MH Elastic Silt K'"M organic Liquid Limit - oven dried Liquid Limit - not dried <0.75 OH Organic clay K'`'M'P Organic silt Highly organic soils Primarily organic matter, dark in color, and organic odor PT Peat "Based on the material passing the 3 -in. (75 -mm) sieve °If field sample contained cobbles or boulders, or both, add "with cobbles or boulders, or both" to group name. °Gravels with 5 to 12% fines required dual symbols: GW-GM well graded gravel with silt GW-GC well -graded gravel with clay GP -GM poorly -graded gravel with silt GP -GC poorly -graded gravel with clay °Sands with 5 to 12% fines require dual symbols: SW-SM well -graded sand with silt SW -SC well -graded sand with clay SP-SM poorly graded sand with silt SP -SC poorly graded sand with clay 60 50 d 40 X 30 V 20 10 0 0 2 ECu=Dso/Di° Cc (D w) D10xDm 'If soil contains ≥15% sand, add "with sand" to GIf fines classify as CL -ML, use dual symbol GC - CM, or SC-SM. "If fines are organic, add "with organic fines" to group name 'If soil contains >15% gravel, add "with gravel" to group name 'If Atterberg limits plots shaded area, soil is a CL- ML, Silty clay Kif soil contains 15 to 29% plus No. 200, add "with sand" or "with gravel", whichever is predominant. If soil contains ≥ 30% plus No. 200 predominantly sand, add "sandy" to group name. mlf soil contains ≥30% plus No. 200 predominantly gravel, add "gravelly" to group name. "PI≥4 and plots on or above "A" line. °PI≤4 or plots below "A" line. PPI plots on or above "A" line. °PI plots below "A" line. For Classification fine-grained fraction — soils. of "A" -line — Horizontal at PI=4 then PI -0.73 (LL Equation of "U" -line _ Vertical at LL=16 to then PI=0.9 (LL of fine-grained of coarse to LL=25.5 -20) PI -7, -8) soils and -grained e Jc,' .,J,• de .(s,>'''Equation ., ." ' c L� - '� G_o� p\- MH oe OH ML OR OL CG fv1C 10 20 30 40 50 60 LIQUID LIMIT (LL) 70 80 90 100 110 Earth Engineering Consultants, LLC Approximate Boring Locations Site Photos (Photos taken in approximate location, in direction of arrow) Boring Location Diagram Cottonwood Property - Weld County, Colorado EEC Project Number: 1162107 November 2016 COTTONWOOD PROPERTY WELD COUNTY, COLORADO PROJECT NO: 1162107 LOG OF BORING B-1 DATE: NOVEMBER 2016 RIG TYPE: CME55 SHEET 1 OF 1 WATER DEPTH FOREMAN: DG START DATE 11/4/2016 WHILE DRILLING V 8' AUGER TYPE: 4" CFA FINISH DATE 11/4/2016 AFTER DRILLING N/A SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOUR N/A SOIL DESCRIPTION B N CHI MC DD A -LIMITS -200 SWELL TYPE (FEET) (BLOWS/FT) (PSF) (°h) (PCF) LL PI (%) PRESSURE %5 500 PSF DISCED FIELD _ _ 1 SANDY LEAN CLAY (CL) _ _ brown / dark brown 2 medium stiff to soft to stiff _ _ 3 4 CS 5 6 3000 23.9 95.8 36 18 65.4 <500 psf None 6 7 V 8 9 SS 10 3 -- 26.0 11 12 13 14 CS 15 15 1500 25.9 99.8 16 SANDSTONE / CLAYSTONE brown / grey / rust weathered, moderately hard to hard 17 18 19 SS 20 50/6" 5000 20.1 21 BOTTOM OF BORING DEPTH 20.5' 22 23 24 25 Earth Engineering Consultants, LLC COTTONWOOD PROPERTY WELD COUNTY, COLORADO PROJECT NO: 1162107 RIG TYPE: CME55 LOG OF BORING B-2 SHEET 1 OF 1 DATE: NOVEMBER 2016 WATER DEPTH FOREMAN: DG START DATE 11/4/2016 WHILE DRILLING V 7.5' AUGER TYPE: 4" CFA FINISH DATE 11/4/2016 AFTER DRILLING N/A SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOUR N/A SOIL DESCRIPTION D (FEET) N (BLOWS/FT) OU (PSF) MC (%) DD (PCF) A -LIMBS LL PI -200 SWELL PRESSURE %@ 500 PSF DISCED FIELD SANDY LEAN CLAY (CL) brown / tan soft to medium stiff V SS SANDSTONE brown / rust poorly cemented *interbedded SILTSTONE / CLAYSTONE lenses CS SS CS BOTTOM OF BORING DEPTH 20.0' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1000 25.5 50/10" 1000 22.7 102.3 NL NP 22.3 <500 psf None 50/6" 7500 17.8 50/7" 9000+ 18.2 106.9 Earth Engineering Consultants, LLC COTTONWOOD PROPERTY WELD COUNTY, COLORADO PROJECT NO: 1162107 LOG OF BORING B-3 DATE: NOVEMBER 2016 RIG TYPE: CME55 SHEET 1 OF 1 WATER DEPTH FOREMAN: DG START DATE 11/412016 WHILE DRILLING V 5' AUGER TYPE: 4" CFA FINISH DATE 11/4/2016 AFTER DRILLING N/A SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOUR N/A SOIL DESCRIPTION O N OU MC DO A -LIMITS -200 SWELL TYPE (FEET) (BLOWS/FT) (PSF) (%) (PCF) LL PI (%) PRESSURE % B 500 PSF DISCED FIELD _ _ 1 SANDY LEAN CLAY (CL) brown 2 medium stiff _ _ 3 4 0 CS 5 5 - 23.7 97.4 30 14 55.9 <500 psf None 6 7 8 SANDSTONE brown / rust poorly cemented 9 10 SS 50/11" 4000 20.1 11 12 13 14 CS 15 50/3" -- 33.0 16 17 18 grey 19 SS 20 50/6" 1000 24.2 21 BOTTOM OF BORING DEPTH 20.5' 22 23 24 25 Earth Engineering Consultants, LLC COTTONWOOD PROPERTY WELD COUNTY, COLORADO PROJECT NO: 1162107 LOG OF BORING B-4 DATE: NOVEMBER 2016 RIG TYPE: CME55 SHEET 1 OF 1 WATER DEPTH FOREMAN: DG START DATE 11/4/2016 WHILE DRILLING V 4' AUGER TYPE: 4" CFA FINISH DATE 11/4/2016 AFTER DRILLING N/A SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOUR N/A SOIL DESCRIPTION D N OU MC DD A -LIMITS -200 SWELL TYPE (FEET) (BLOWS/FT) (PSF) (%) (PCF) LL PI (%) PRESSURE %@ 500 PSF DISCED FIELD - - 1 SANDY LEAN CLAY (CL) _ _ brown soft to medium stiff 2 CS 3 5 1000 25.1 96.5 V 4 SS 5 14 -- 27.4 SANDSTONE 6 brown / rust _ _ poorly cemented 7 8 9 SANDSTONE / CLAYSTONE / SILTSTONE CS 10 50/11" 9000+ 12.8 114.8 1700 psf 1.1% grey _ _ moderately hard to hard 11 12 13 14 "interbedded cemented SANDSTONE lens SS 15 50/3" -- 6.9 16 17 18 19 CS 20 50/6" 9000+ 14.7 114.6 BOTTOM OF BORING DEPTH 20.0' - - 21 22 23 24 25 Earth Engineering Consultants, LLC COTTONWOOD PROPERTY WELD COUNTY, COLORADO PROJECT NO: 1162107 LOG OF BORING B-5 DATE: NOVEMBER 2016 RIG TYPE: CME55 SHEET 1 OF 1 WATER DEPTH FOREMAN: DG START DATE 11/4/2016 WHILE DRILLING V 6' AUGER TYPE: 4" CFA FINISH DATE 11/4/2016 AFTER DRILLING N/A SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOUR N/A SOIL DESCRIPTION D N QU MC DD A-LIMrrS -200 SWELL TYPE (FEET) (BLOWS/FT) (PSF) (%) (PCF) LL PI (%) PRESSURE %@ 500 PSF DISCED FIELD - - 1 SANDY LEAN CLAY (CL) _ _ brown medium stiff 2 CS 3 7 2000 22.9 96.6 <500 psf None 4 SS 5 6 - 23.3 6 7 8 SANDSTONE 9 brown / rust _ _ weathered, poorly cemented CS 10 50/3.5" 1000 18.9 96.3 11 12 13 14 SS 15 50/3" 16 17 18 `interbedded SILTSTONE / CLAYSTONE lenses _ _ 19 CS 20 50/7" 9000+ 16.6 110.3 BOTTOM OF BORING DEPTH 20.0' - - 21 22 23 24 25 Earth Engineering Consultants, LLC COTTONWOOD PROPERTY WELD COUNTY, COLORADO PROJECT NO: 1162107 LOG OF BORING B-6 DATE: NOVEMBER 2016 RIG TYPE: CME55 SHEET 1 OF 1 WATER DEPTH FOREMAN: DG START DATE 11/4/2016 WHILE DRILLING V 5' AUGER TYPE: 4" CFA FINISH DATE 11/4/2016 AFTER DRILLING N/A SPT HAMMER: AUTOMATIC SURFACE ELEV N/A 24 HOUR N/A SOIL DESCRIPTION D N QU MC DO A -LIMITS -200 SWELL TYPE (FEET) (BLOWS/FT) (PSF) (%) (PCF) LL PI (%) PRESSURE %@ 500 PSF DISCED FIELD — — 1 SANDY LEAN CLAY (CL) _ _ brown 2 soft to medium stiff _ _ 3 4 0 CS 5 5 1000 25.2 96.4 35 15 65.6 <500 psf None 6 7 8 9 SANDSTONE SS 10 50/4" 1000 24.9 brown / rust — — weathered, poorly cemented 11 12 13 14 'interbedded cemented lenses with depth I CS 15 50/1" - 16.7 16 17 18 19 SS 20 50/1" - 22.9 21 BOTTOM OF BORING DEPTH 20.5' 22 23 24 25 Earth Engineering Consultants, LLC SWELL / CONSOLIDATION TEST RESULTS Material Description: Brown / Dark Brown Sandy Lean Clay (CL) Sample Location: Boring 1, Sample 1, Depth 4' Liquid Limit: 36 Plasticity Index: 18 % Passing #200: 65.4% Beginning Moisture: 23.9% Dry Density: 101.7 pcf Ending Moisture: 21.9% Swell Pressure: <500 psf I% Swell @ 500: None Inn Consolidatio Percent Ii D3 6) ? N C D b O O O C I i TAddT..ed 0.01 0.1 1 10 Load (TSF) Project: Cottonwood Property Location: Weld County, Colorado Project #: 1162107 Date: November 2016 SWELL / CONSOLIDATION TEST RESULTS Material Description: Brown / Rust Sandstone Sample Location: Boring 2, Sample 2, Depth 9' Liquid Limit: NL Plasticity Index: NP % Passing #200: 22.3% Beginning Moisture: 23.9% Dry Density: 101.7 pcf Ending Moisture: 21.9% Swell Pressure: <500 psf j% Swell @ 500: None Project: Cottonwood Property Location: Weld County, Colorado Project #: 1162107 Date: November 2016 SWELL / CONSOLIDATION TEST RESULTS Material Description: Brown Sandy Lean Clay (CL) Sample Location: Boring 3, Sample 1, Depth 4' Liquid Limit: 30 Plasticity Index: 14 % Passing #200: 55.9% Beginning Moisture: 23.7% Dry Density: 101.7 pcf Ending Moisture: 23.4% Swell Pressure: <500 psf I% Swell @ 500: None 10.0 8.0 6.0 m 3 4.0 2.0 w c m E g 0.0 c m o d a Water Added -2.0 -4.0 o a v O ca o -6.0 j U -8.0 -10.0 0.01 0.1 1 10 Load (TSF) Project: Cottonwood Property Location: Weld County, Colorado Project #: 1162107 Date: November 2016 SWELL / CONSOLIDATION TEST RESULTS Material Description: Grey Sandstone / Claystone / Siltstone Sample Location: Boring 4, Sample 3, Depth 9' Liquid Limit: - - Plasticity Index: - - % Passing #200: - - Beginning Moisture: 12.8% Dry Density: 112.1 pcf Ending Moisture: 20.8% Swell Pressure: 1700 psf I% Swell @ 500: 1.1% 10.0 8.0 6.0 U) 4.0 2.0 Percent Movement Consolidatio 0.0 -2.0 -4.0 -6.0 -8.0 -10.0 Water Added 0.01 0.1 Load (TSF) 1 10 Project: Cottonwood Property Location: Weld County, Colorado Project #: 1162107 Date: November 2016 SWELL / CONSOLIDATION TEST RESULTS Material Description: Brown Sandy Lean Clay (CL) Sample Location: Boring 5, Sample 1, Depth 2' Liquid Limit: - - Plasticity Index: - - % Passing #200: - - Beginning Moisture: 22.9% Dry Density: 103 pcf Ending Moisture: 22.0% Swell Pressure: <500 psf I% Swell @ 500: None Project: Cottonwood Property Location: Weld County, Colorado Project #: 1162107 Date: November 2016 SWELL / CONSOLIDATION TEST RESULTS Material Description: Brown Sandy Lean Clay (CL) Sample Location: Boring 6, Sample 1, Depth 4' Liquid Limit: 35 Plasticity Index: 15 % Passing #200: 65.6% Beginning Moisture: 25.2% Dry Density: 102.2 pcf Ending Moisture: 22.3% Swell Pressure: <500 psf I% Swell @ 500: None Project: Cottonwood Property Location: Weld County, Colorado Project #: 1162107 Date: November 2016 Little Thompson Water District COMMITMENT LETTER REQUEST (NON-RESIDENTIAL) Commitment Fees (fees must be included with request letter): 0 — 4 Taps = $100 per tap 5-80 Taps=$500 Over 80 Taps = $500 plus Engineering Fees Date: 03/30/2017 Mail Commitment Letter Requests to: Amber Kauffman District Engineer Little Thompson Water District 835 E. Hwy 56 Berthoud, CO 80513 Questions: Phone 970-290-7977 PHYSICAL ADDRESS OF REQUESTED TAP(s) Not yet assigned, to be annexed into Mead APPROXIMATE DISTANCE FROM NEAREST INTERSECTION (IDENTIFY COUNTY AND INCLUDE ROAD NUMBERS) Site is east of CR 9 1/2, 1,600' south of CR 32; 2,650' north of Highway 66 (Attach sketch of project and any description.) SECTION 23 TOWNSHIP 3N RANGE 68W Number of Taps Requested: 42 Tap Size: 3/4" - 1 1/2" Water Needs: GPM unknown Gallons/Day unknown Special Use: N/A Contact information of person requesting tap(s),: Sekich Properties LLC CIO Dominick Sekich PARCEL NUMBER: 120723000033 Annual Usage (Gallons) unknown Fire Flow Requirements: unknown 303-292-7924 Name (please print) Phone 1400 16th Street, 6th Floor, Denver, CO 80202 303-292-4510 Mailing Address Fax dominick.sekich@moyewhite.com CSZ E -Mail Mark below how you want the Commitment Letter returned to you: Call me — I will pick up at LTWD office: By Fax (listed above): By E -Mail (listed above): X For Office Use Only: Fee Received: Amount: Check #: Request for Will Serve Letter Date: 03/30/2017 Name of Property Owner: Sekich Properties, LLC Mailing Address: 1400 16th Street, 6th Floor City: Denver Phone: (303 ) 292-7924 Email: dominick.sekich@moyewhite.com State: CO ZIP: 80202 FAX: ( 303 ) 292-4510 Property Information Legal Description Section 23, Township 3 North, Range 68 West (Include Section, Township and Range) Property Address: Not yet assigned City: Mead (to be annexed) State: CO ZIP: 80542 Number of Acres: 57.7 Planned Use: Residential X Commercial X Industrial Number of Taps Anticipated: 42 Construction Schedule: Summer 2018 Property is presently included in the District (subject to property tax levy) X yes no Letter Addressee Information This Will Serve letter needs to be sent to: (if different than above) Name: Same as above Address: City: State: ZIP: Phone: ( ) Email: Please Email, mail or fax this completed request to: St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 or FAX to (303) 485-1968 www.stsan.com (Allow 7-10 days for your request to be processed) ZARLENGO & KIM ELL, PC THOMAS J. KtMMELL 303-832-6204 KimmellOleaoLcom April 5, 2017 ATTORNEYS AT LAW 700 N. Colorado Blvd., # 598, DENVER, COLORADO 80206 Dominick Sekich Sekich Properties, LLC 1400 16th Street Denver, CO 80202 Via mail and email (dominick.sekich@movewhite.com) Re: Opinion on Mineral Title for Notification Purposes Parcels of Land Located in Section 23: NE/4 and Section 24: NW/4, Township 3 North, Range 68 West, 6N1 P.M., Weld County, Colorado Dear Mr. Sekich, In accordance with your request, we have conducted an examination of mineral title for the purpose of notification of the proposed surface development of the Subject Property pursuant to the provisions of Colorado law, and in particular, C.R.S. § 24-65.5-103, et. seq. We have examined the real property records relating to the mineral estate of the Subject Property and filings of requests for notification. The results of our examination are set forth below. DESCRIPTION OF SUBJECT PROPERTY: The Subject Property is described as follows: Parcel A: The Northeast Quarter of Section 23, Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado; EXCEPT those parcels as described in Deeds recorded May 16, 1974 at Reception No. 1636622, recorded November 2, 1978 at Reception No. 1771722, and recorded June 8, 2001 at Reception No. 2856038; EXCEPT right of way for Weld County Road 32 and Weld County Road 9 1/2. Parcel B: That portion of the Northwest Quarter of Section 24, Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Considering the West line of said Northwest Quarter of Section 24 as bearing North 0°27'00" West with all bearings contained herein relative thereto: Beginning at the West Quarter corner of said Section 24; Thence along said West line of the Northwest Quarter of Section 24, North 0°27'00" West, 393.11 feet; Thence South 31°20'40" East, 456.68 feet, more or less, to the South line of said Northwest Quarter of Section 24; Thence along said South line, South 89°15'00" West, 234.49 feet, more or less, to the Point of Beginning. MATERIALS EXAMINED: Records of the Clerk and Recorder of Weld County, Colorado, as to severed mineral estate owners and mineral lessees of the Subject Property and entities which have filed Requests for Notification of Surface Development as to the Subject Property from inception of title through March 14, 2017 and records of Colorado Secretary of State as to addresses for various entities (the "effective date"). OWNERSHIP OF MINERAL TITLE: Based upon our examination of the foregoing materials, we find that the mineral estate owners, mineral lessees and entities filing Requests for Notification of Surface Development identified below are entitled to notice under the Colorado Revised Statutes as to impending surface development of the Subject Lands as of the recited effective date: NAME AND LAST KNOWN ADDRESS OF MINERAL ESTATE OWNERSt MINERAL LESSEES, AND ENTITIES REQUESTING NOTIFICATION OF SURFACE DEVELOPMENT: 1. St. Vrain Land Company, n/k/a St. Vrain Reservoir and Fish Company, 6790 WCR 32, Platteville, CO 80651 2. RME Petroleum Company, c/o Anadarko Petroleum Corporation, P.O. Box 9149, The Woodlands, Texas 77387-9147, Attn: Manager Land, Western Division 3. RME Land Corp, c o Anadarko Petroleum Corporation, P.O. Box 9149. The Woodlands, Texas 77387-9147, Attn: Manager Property and Rights -of - Way 4. Kerr-McGee Rocky Mountain Corp, 1999 Broadway Street, Suite 3600, Denver, Colorado 80202 5. Robert M. Rademacher, Janice M. Rademacher, Theodore A. Rademacher, Edward C. Rademacher, and Louis J. Rademacher, 14599 Weld County Road 9 %2, Longmont, CO 6. Colorado Land Services, LLC, 1051—D Big Thompson Canyon, Loveland, CO 80537 7. Bill Williams Reynolds and Bill Reynolds Trust, P.O. Box 1045, Gravette, Arkansas 72736 8. The Reynolds GST Exempt Trust, Rosamond D. Reynolds, Trustee, P.O. Box 675, Longmont, CO 80502-0675 9. RBM Holdings, LLC, P.O. Box 675, Longmont, CO 80502 10. Valley 66, a Colorado limited partnership, do Cary H. Stevenson, 515 Kimbark Avenue, Longmont, CO 80501 EXCEPTIONS: We can express no opinion as to the following: railroad and/or other rights -of -way or claims not reflected by documents filed with the Weld County Clerk and Recorder's Office, any rights the existence of which may only be determined by physical inspection of the lands; possessory rights and discrepancies of survey or location which might be reflected by physical examination of the lands; pending litigation not reflected by a recorded notice of /is pendens; any other matter of fact not disclosed of record, and mechanic's liens, judgment liens or other statutory liens not reflected by the data examined. Very truly yours, ZARL GO & KIMMELL PC Thomas J. Kimmell 3 Hello