HomeMy WebLinkAbout20150950.tiff Uiunnr G1 \lillrr
ylatthevv Ruhland
Vomitted in ( r l.orumly, LindAdinrtleJ in Colorado
filler
ycar yIevie<
Bridlec I . Neiman
Unwed in ( olorado and
ssociates tier
• a Law Offices
April 1, 2015 RECEIVED
APR 062015
Via First Class US Mail and email WELD COUNTY
Weld County Board of County Commissioners COMMISSIONERS
Mr. Robert J. Frick, County Attorney
Ms. Esther Gesick, Clerk to the Board
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Re: Inclusion of Property into South Beebe Draw Metropolitan District
Dear Mr. Frick,
This firm represents South Beebe Draw Metropolitan District, formerly known as
Bromley Park Metropolitan District No. 1 (the "District"). The District is the storm drainage
provider for properties located within the Beebe Draw Drainage Basin, which includes
property located in unincorporated Adams County, as well as properties located in the City of
Brighton and the Town of Lochbuie. The District and the Town of Lochbuie entered into an
intergovernmental agreement regarding storm drainage, dated November 7, 2001, (the "Storm
Drainage IGA") whereby the District agrees to provide Storm Drainage Services and Storm
Water Facilities related to the integrated storm drainage plan for the Beebe Draw Drainage
Basin.
In July 2013, I wrote to your predecessor, Mr. Barker, to advise that the District had received
petitions for the inclusion of Weld County property into District that would be used for storm
drainage facilities related to the Storm Drainage IGA. The result of that letter was an
intergovernmental with Weld County, a copy of which is attached, regarding the inclusion of
Weld County properties by the District (the "IGA"). Since the execution of the IGA, the
District has been reassessing its storm drainage system and so it determined not to include any
properties in Weld County until that reassessment was completed. We are now writing to
inform you and the Weld County Board of County Commissioners (the "BOCC") of the
attached petition for inclusion of property that the District received from Highland Equities,
L.L.C., regarding a parcel of land located within unincorporated Weld County (the
"Petition"). A copy of the Petition is enclosed for your reference. The Petition will be heard
by the District at a public meeting on April 3, 2015. The District intends to utilize the subject
parcels of land for regional drainage facilities related to the Storm Drainage IGA; legal
descriptions and maps of the parcel are attached to the Petition (the "Property"). The Property
1641 California St Suite 300 Denver. COI 80202 2015-0950
Odf '"rtunt P. (301) 285-5320 f: (1011285-5330 www.ddmalaw.com
y-g- 4O15 sb ()CO(
Mr. Robert J. Frick
Re: Inclusion of Property into South Beebe Draw Metropolitan District
April 1,2015
Page 2
is not within any other special district. The inclusion will occur in accordance with the
provisions of Section 2 of the IGA.
The District does not currently include any other Weld County property within its
boundaries. Although we believe the IGA with Weld County obviated the necessity to
provide notice of this inclusion, in an abundance of caution, we hereby provide notice of the
inclusion to you pursuant to § 32-1-207(2)(a), C.R.S. The District would greatly appreciate
if the Board of County Commissioners directly or through your office would acknowledge
the inclusion in writing.
Please fee free to contact me to discuss at your earliest convenience should you have
any questions or concerns.
Very truly yours,
MILLER&ASSOCIATES LAW OFFICES, LLC
Dianne D. Miller
Enclosures
cc: Board of Directors, South Beebe Draw Metropolitan District (via email)
PETITION FOR INCLUSION OF PROPERTY
TO: SOUTH BEEBE DRAW METROPOLITAN DISTRICT
COUNTY OF ADAMS,COLORADO
Highland Equities, L.L.C. (the "Petitioner") hereby respectfully petitions the Board of
Directors of the South Beebe Draw Metropolitan District (the "District") for inclusion into the
District of the property described on Exhibit A, attached hereto and incorporated herein by this
reference(the"Property").
The Petitioner hereby further petitions that the Property be included in the District and
that an order be entered in the District Court, County of Adams, State of Colorado, including the
Property in the District, and that from and after the entry of the inclusion order, the Property
shall be liable for bonded indebtedness of the District which may be incurred after entry of the
order.
The Petitioner hereby represents that it is the fee owner of 100%of the Property and that
no other person, persons, entity or entities own any fee interest in the Property.
PETITI NER:
- 7/1/: (
John pi ane, Mager of Highland Equities, L.L.C.
3.- IS
Date
STATE OF COLORADO
COUNTY OF
The foregoing Petition for Inclusion of Property was acknowledged before me this 1 day
of March, 2015, by John Spillane as Manager of Highland Equities, L.L.C.
WITNESS my hand and official seal.
My commission expires: j
WHITNEY B BARTELS
NOTARY PUBLIC •
STATE OF COLORADO otary Public
NOTARY ID 20094031406
MYC MMM NIixOILE DZWEF26 ai Ir,
EXHIBIT A
A PARCEL OF LAND BEING A PORTION OF LOT A, OF RECORDED EXEMPTION NO. 1473-32-2-RE--3620, AS FILED
IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 3105036, SITUATED IN THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST, COUNTY OF WELD, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS AN ASSUMED BEARING OF NO1'10'26"W ALONG THE WEST LINE
OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST.
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE
N50'46'23"E, A DISTANCE OF 125.01 FEET TO THE POINT OF BEGINNING;
THENCE NO1'10'26"W, A DISTANCE OF 200.00 FEET;
THENCE N89'32'04"E, A DISTANCE OF 362,24 FEET TO A POINT ON THE COMMON NORTH - SOUTH LINE BETWEEN
SAID LOT A AND LOT B OF RECORDED EXEMPTION NO. 1473-32-2-RE-3620, AS FILED IN THE WELD COUNTY
CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 3105036;
THENCE S01'10'19"E ALONG THE COMMON NORTH - SOUTH LINE OF SAID LOT A AND LOT B, A DISTANCE OF
200.00 FEET;
THENCE S89'32'04"W DEPARTING THE COMMON NORTH - SOUTH LINE OF SAID LOT A AND LOT B, A DISTANCE OF
362.24 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 72,442 SQUARE FEET, 1.663 ACRES, MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY:
DON LAMBERT, PLS 30830
FOR AND ON BEHALF OF FRONTIER SURVEYING, INC.
352 NORFOLK STREET, AURORA, CO 80011
SHEET 1 OF 2
r N1
F4 of TER
SURVEYING, INC.
352 Norfolk Street
Aurora, CO 80011
Oft. 303-340-0113
Fax. 303-340-0114
P:1DranngsWbNands Pmpedy Bro leyVs pond writs_122712ty 12/27/20122:09:32 PM MST DATE 12/27/12 PROJECT NO. 12-2118R
EXHIBIT A
I t I.1 I
,L
a
1__-_ 10.0' FRONT RANGE PIPELINE
'I i0143-00000 W
LOT A si
OF RECORDED i
I II EXEMPTION ND.
1473-32-2-RE-3620
---- REC. NO. 3105036 LOT B
1 ' OF RECORDED
I EXEMPTION NO.
10.0' ---- t_ 1473-32-2-RE-3620
I ` .11.. _ 0r MP. WORK SPACE REC. N0. 3105036
.
1 - -- ROM' RANGE 01"0.1811
'4 st
I - �, 01S3-00000
WCR 39
60' R-0-W `� \ '"0 UWCR: RURAL EIEC.
15514, NEC, NO. iU21007
' .2.i\S' 11 I
I
za .' !�:, I \;.1,,,;.,.04"1. 362.24'
! _ .- I`120' UNION RURAL ELEC.
14 O1 -t , ' ESMT. REC. PIO. 1621067
o y _
P., ° = i 60' TEMP. YAM ,PA(� _
to FRONT RAN(41 PJ'EUNE - -
m 1Z = .: 0143 0000{) ; "r
4 //I .. .. _ . _ .
35.0' .. #I `, „ -I
N50°46'23"E _ I I S89°32'04"W 36z,24
125.01' LL-- - - -
S I1B l.Y LINE 1011/4, SEC.32, TIN,R65W
C. 71 ` '5? L 22.6' POINT OF L 22-8'
BEGINNING
POINT OF
COMMENCEMENT
SHEET 2 OF 2
.
THIS EXHIBIT DOES NOT REPRESENT A FRONTIER
MONUMENTED LAND SURVEY, IT IS
INTENDED ONLY TO(N; ATTACHED LEGAL OES RI PTIONE. SURVEYING, INC.
352 Norfolk Street
{ Aurora, CO 80011
Scole: 1" = 150' Ofo. 303-340-0113
FI7f— ,] Fax. 303-340-0114
P9Dran4gsWlgMands PmpedYeromeyNs pond aunts 121712.dssg 12/27129122:09:32PMMST DATE 12/27/12 PROJECT NO. 12-2118R
9
Weld County
South Beebe Draw Metropolitan District
Intergovernmental Agreement
Concerning Inclusion of Property
This Intergovernmental Agreement Concerning Inclusion of Property("IGA") is made and
entered into to be effective the day of , 2013, by and between
WELD COUNTY(the "County"), a body corporate and politic of the State of Colorado,and SOUTH BEEBE 3
DRAW METROPOLITAN DISTRICT("South Beebe"), a quasi-municipal corporation and political
subdivision of the State of Colorado.
RECITALS
is
A. South Beebe is an existing and validly operating metropolitan district originally organized in
1985 after approval of its service plan by Adams County, i
B. Since its organization,South Beebe has assumed regional governmental responsibilities to
provide storm drainage facilities and services in the South Beebe Draw Basin,which Basin includes
property in both Adams and Weld Counties. E`
C. South Beebe has received petitions for inclusion of certain parcels of land located within
unincorporated Weld County. The land will be used for storm drainage ponds and facilities to serve
anticipated development in the area.
D. South Beebe has no other property within its boundaries that lies in unincorporated Weld
County,therefore, pursuant to statute,South Beebe advised the County of the petitions and requested
that the County find that the inclusions do not constitute material modifications of the South Beebe
service plan.
E. The County is willing to consent to the inclusion of property into South Beebe within Weld
County pursuant to this IGA.
NOW THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the County
and South Beebe agree as follows:
AGREEMENT
1. Purpose and General Intent. Although the County is willing to consent to the inclusion of
property into South Beebe within unincorporated Weld County,the County has also determined that
special districts should not include property or provide services outside their boundaries without the
consent of the property owners and service users affected by such actions or where other governmental
entities provide such services. The purpose of this IGA is to limit South Beebe to the inclusion of
property only where the property owner has voluntarily consented to such inclusion and where other
1
governmental entities do not already provide the same services or, only where other governmental
entities voluntarily consent to provision of services by South Beebe pursuant to an intergovernmental
agreement if the boundaries of the other government and South Beebe overlap.
2. Consent to Inclusion. The County consents to the inclusion of property into South Beebe in
unincorporated Weld County so long as:
a. South Beebe receives a petition from a landowner for such inclusion;
b. South Beebe acts in accordance with the provisions of§ 32-1-107, Colorado Revised
Statues, with regard to overlapping special districts;
c. South Beebe acts in conformance with the provisions of§32-1-207(2)(b)-(d), Colorado
Revised Statues,with regard to the provision of service in unincorporated Weld County and, in
particular, South Beebe shall not impose extraterritorial fees on any landowner in unincorporated Weld
County without the written consent of such landowner; and
d. South Beebe does not attempt to include property without the consent of the
landowner utilizing the provisions of§32-1-401(2), Colorado Revised Statues.
3. Material Modification if Breach. South Beebe Draw agrees that if the inclusion of property into
its boundaries that lies within unincorporated Weld County occurs in contravention of any of the
provisions of paragraph 2 above, such action shall constitute a material modification of its service plan
and South Beebe shall be subject to a service plan amendment process with the County and the
inclusion of property which triggers such service plan amendment shall be ineffective until such time as
the Board of County Commissioners of Weld County approve such service plan amendment.
4. General Provisions.
a. NOTICES, Any notices, demands or other communications required or permitted to be
given,shall be given in writing, delivered personally or sent by U.S. Mall, addressed to the Parties at the
addresses set forth below or at such other address as either Party may hereafter or from time to time
designate by written notice to the other Party given in accordance herewith.
To the District:
South Beebe Draw Metropolitan District
c/o Community Resource Services
7995 E Prentice Ave#103E
Greenwood Village, Colorado 80111
With a copy to:
Miller&Associates Law Offices, LLC
1641 California St, #300
2
Denver, Colorado 80202
Attention: Dianne D. Miller, Esq.
To the County:
Weld County Attorney
P.O. Box 758
1150 O Street
Greeley, Colorado 80632
Any legal notices required to be delivered to landowners or required to be published regarding a
petition for the inclusion of property by South Beebe shall be published in the Greeley Tribune if the
property which is the subject of the inclusion is situate in Weld County,
b. ASSIGNMENT AND DELEGATION. The rights, or any parts thereof, granted to
the Parties herein may not be assigned. The obligations, or any parts thereof, of the Parties may not be
delegated.
c. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give
or allow any such claim or right of action by any other third party on such Agreement. It is the express
intention of the Parties that any person other than Parties receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
d. AMENDMENT AND MODIFICATION. This Agreement may be amended or modified only
in a writing signed by both Parties.
e. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
Parties relating to the subject matter herein and sets forth the rights, duties and obligations of each
Party to the other as of this date. Any prior agreements, promises, negotiations or representations not
expressly set forth in this Agreement are of no force and effect.
f. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or
invalid, the unenforceable or invalid part shall be deemed severed from this Agreement,and the
remaining portions of this Agreement shall be carried out with the same force as if the severed portions
had not been part of this Agreement, provided that the Parties both agree that the severed provision
does not alter the intent and/or purpose of the Agreement.
g. NO WAIVER. No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other provisions of this Agreement, nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default
hereunder be deemed a waiver of any subsequent default hereunder.
3
1
I
e
I
h. GOVERNMENTAL IMMUNITY. Nothing herein shall be construed as a waiver of the e
rights and privileges of the County or the District pursuant to the Colorado Governmental Immunity Act, 4
§ 24-10-101,et seq., C.R.S., as amended from time to time.
i. COUNTERPART EXECUTION. This Agreement may be executed in several counterparts, 1
each of which shall be deemed an original, and all of which together shall constitute one and the same
instrument. i
A
i
IN WITNESS WHEREOF,Weld County and South Beebe Draw Metropolitan District have
executed this Intergovernmental Agreement to be effective as of the date first above written.
WELD COUNTY
i
I
N
William F. Garcia, Chair
Attest: ° ��"�'~' k
Clerk to the Board \]a
n
,.,.
-. DEC 1 8 2013 i•
By: t �''`oil`•� k
Deputy Cl k to the Board `� r
DRAW METROPOLITAN DISTRICT
•
.,_______7„/"—l....- .. 74-) --
•
Robert A. Lembke, Chairman and President
At
_ / //Y .
• Timm:are•ST-5tr41rnan,-Treasurer-end Secretary
,
Approved as to Form:
4
Miller&Associates Law Offices, LLC
General Counsel to South Beebe Draw Metropolitan District
5
Esther Gesick
From: Robert J. Frick
Sent: Monday, April 06, 2015 1:54 PM
To: Esther Gesick
Cc: Diane Beckman; Jennifer Fuller; Dianne Miller
Subject: RE: Inclusion of Property into Weld County pursuant to IGA with South Beebe Draw
Metropolitan District
I did send electronic copies of the documents to the Board last week via email. The public hearing was last Friday.
Robert J. Frick, Esq.
Weld County Attorney
Department of Law
1150 "O" Street- P.O. Box 758
Greeley, CO 80632
(970)356-4000
41110:9.
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick
Sent: Monday, April 06, 2015 12:23 PM
To: Robert J. Frick
Cc: Diane Beckman; Jennifer Fuller; Dianne Miller
Subject: RE: Inclusion of Property into Weld County pursuant to IGA with South Beebe Draw Metropolitan District
Bob,
I just wanted to let you know the originals for this arrived in today's mail. I will hold on to them and await further
instruction.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street'P.O. Box 758'Greeley, CO 80632
tel: (970)336-7215 X4226
VMS
1
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Dianne Miller [mailto:dmiller@ddmalaw.com]
Sent: Thursday, April 02, 2015 10:38 AM
To: Esther Gesick; Robert J. Frick
Cc: Diane Beckman; Jennifer Fuller
Subject: RE: Inclusion of Property into Weld County pursuant to IGA with South Beebe Draw Metropolitan District
Mr. Frick: I wasn't aware of the resolution that Ms. Gesick sent in her email. The property being included is
the same as that which we discussed back in 2013—we just didn't want to include it until we actually needed it
for storm drainage facilities. If you are comfortable that the earlier resolution is effective, I am as well. Please
let me know.
Kind regards,
Dianne D. Miller
Miller&Associates Law Offices, LLC
1641 California Street, Suite 300
Denver CO 80202
dmiller@ddmalaw.com
main: 303 285 5320
fax: 303 285 5330
cell: 303 564 4330
Please be advised that this email and any files transmitted with it may be confidential attorney-client
communications or may otherwise be privileged or confidential and are intended solely for the individual or
entity to whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit
this communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this
communication is strictly prohibited.
2
From: Esther Gesick [mailto:egesick(r co.weld.co.us]
Sent: Thursday, April 02, 2015 8:03 AM
To: Robert J. Frick
Cc: Diane Beckman; Jennifer Fuller; Dianne Miller
Subject: FW: Inclusion of Property into Weld County pursuant to IGA with South Beebe Draw Metropolitan
District
Good Morning Bob,
Please see message below. I've attached a scanned copy of the Board's previous action on this item (last
attached item). I am out of the office today, but please advise on how you wish to proceed.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O StreetIP.O. Box 758 Greeley, CO 80632
tel: (970) 336-7215 X4226
* `• ri
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Dianne Miller [mailto:dmilleriii≥ddmalaw.com]
Sent: Wednesday, April 01, 2015 4:42 PM
To: Diane Beckman; Esther Gesick; Jennifer Fuller
Subject: Inclusion of Property into Weld County pursuant to IGA with South Beebe Draw Metropolitan
District
3
Dear Commissioners,County Attorney and Clerk to the Board: On behalf of the Board of Directors of South
Beebe Draw Metropolitan District,please see the attached letter and exhibits concerning the inclusion of
property in Weld County into the South Beebe Draw Metropolitan District. Please feel free to call me with any
questions or concerns.
Warm regards,
Dianne D.Miller
Miller&Associates Law Offices,LLC
1641 California Street,Suite 300
Denver CO 80202
dmiller(,ddmalaw.com
main: 303 285 5320
fax: 303 285 5330
cell: 303 564 4330
Please be advised that this email and any files transmitted with it may be confidential attorney-client
communications or may otherwise be privileged or confidential and are intended solely for the individual or
entity to whom they are addressed. If you are not the intended recipient,please do not read,copy or retransmit
this communication but destroy it immediately. Any unauthorized dissemination,distribution or copying of this
communication is strictly prohibited.
4
Hello