HomeMy WebLinkAbout 15-61 Approving IGA between TOF and St. Vrain Metro Districts Nos. 1-4RESOLUTION NO. +�` l2
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FIRESTONE, COLORADO AND THE ST. VRAIN LAKES METOPOLITAN
DISTRICT NOS, 14
WHEREAS, C.R.S. Section 29-1-203 authorizes the Town to cooperate and contract with
other political subdivisions regarding the functions, services and facilities each is authorized to
provide; and
WHEREAS, the St. Vr•ain Lakes Metropolitan District Nos. 1-4 ("Districts") were
organized under a Consolidated Service Plan approved by the Weld County Board of County
Commissioners on or about September 5, 2006 (the "Service Plan"); and
WHEREAS, pursuant to an election held on November 7, 2006, the Districts have voter
authorization to enter into intergovernmental agreements constituting multiple fiscal year
financial obligations and to obligate the Districts to pay, reimburse or finance the costs of
constructing, operating and maintaining any public improvement the Districts are authorized to
provide; and
WHEREAS, the property within the boundaries of the Districts (the "Property") has been
annexed to the Town pursuant to and in accordance with the annexation procedures set forth in
the Municipal Annexation Act, § 31-12-101 et sec.., C.R.S.; and
WHEREAS, the Town Board approved the annexation of the Property by the adoption of
Ordinance No. 854 and Ordinance No. 871 (the "Annexation Ordinances") on, respectively,
November 9, 2014 and May 27, 2015; and
WHEREAS, pursuant to the Annexation Agreement between the Districts and Town,
dated May 27, 2015 (the "Annexation Agreement"), the Districts agreed that upon annexation of
the Property to the Town, the Districts and Town would process a petition for the Town to
become the approving authority for the Districts; and
WHEREAS, on October 20, 2015, the Districts submitted their Petition to the Town of
Firestone, Colorado Regarding Acceptance as Approving Authority (the "Petition"); and
WHEREAS, pursuant to the Petition and C.R.S. Section 32-1-204.7, the Town Board on
October 28, 2015 adopted its Resolution No. 15-50 accepting the designation as the approving
authority of the Districts subject to the conditions set forth in the Petition; and
WHEREAS, Section 18 of the Annexation Agreement provides that the Town and the
Districts shall enter into an intergovernmental agreement in which the Districts agree to collect,
transfer and convey an amount equal to five (5) mills of the Districts' mill levy to the Town,
which funds will be used by the Town to maintain regional parks, regional trails and public
streets within the Property and any other lawful purpose at the Property, or benefitting the
Property, provided that such purpose is one authorized both to the Town and to the Districts
under law, including, respectively, Title 31 and Title 32, Colorado Revised Statutes; and
WHEREAS, an intergovernmental agreement between the Town and the Districts has
been proposed to set forth their understandings regarding the collection, transfer and conveyance,
and use of such funds, and related matters; and
WHEREAS, the Board of Trustees has determined it to be in the best interests of the
Town and its taxpayers, residents and property owners to enter into the agreement; and
WHEREAS, the Town Board by this resolution desires to approve the proposed
intergovernmental agreement and authorize its execution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
Section 1. The proposed Intergovernmental Agreement Between the Town of
Firestone, Colorado and the St. Vrain Lakes Metropolitan District Nos. 1.4 ("Agreement"), a
copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
Section 2. The Mayor and Town Clerk are hereby authorized to execute the
Agreement, and the Mayor is further authorized to negotiate and approve on behalf of the Town
such revisions to the Agreement as are determined necessary or desirable for the protection of the
Town, so long as the essential terms and conditions of the Agreement are not altered.
INTRODUCED, READ, and ADOPTED this rA)Aoy�*- day of GC i�l���'i1/ , 2015.
Town Clerk
7
ul Sorensen
iyor
iI I k %* I 1 1 1 1.11 a
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered
into as of this day of 2015, by and between the TOWN OF
FIRESTONE, a municipal corporation of the State of Colorado (the "Town"), and ST. VRAIN
LAKES METROPOLITAN DISTRICT NO, 1, ST, VRAIN LAKES METROPOLITAN
DISTRICT NO, 2, ST, VRAIN LAKES METROPOLITAN DISTRICT NO. 3, and ST. VRAIN
LAKES METROPOLITAN DISTRICT NO. 4, each a quasi -municipal corporation and political
subdivision of the State of Colorado (each a "District" and collectively, the "Districts"). The
Town and the Districts are collectively referred to as the "Parties" and is each individually
referred to as a "Party."
WIT141ESSETH:
WHEREAS, C.R.S. Section 29-1-203 authorizes the Parties to cooperate and contract
with one another regarding functions, services and facilities each is authorized to provide; and
WHEREAS, the Districts were organized under a Consolidated Service Plan approved
by the Weld County Board of County Commissioners on or about September 5, 2006 (the
"Service Plan"); and
WHEREAS, pursuant to an election held on November 7, 2006, the following ballot issue
was asked and passed by a majority of the electors within each of the Districts:
BALLOT ISSUE P:
SHALL ST. VRAIN LAKES METROPOLITAN DISTRICT NO. [1][2][3][4] DEBT BE
INCREASED $166,500,000 WITH A REPAYMENT COST OF $1,365,300,000 OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL ST, VRAIN
LAKES METROPOLITAN DISTRICT NO, [1][2][3][4] TAXES BE INCREASED
$1,365,300,000 ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE
NECESSARY FOR THE PAYMENT OF SUCH DEBT AND ANY REFUNDINGS
THEREOF, AT AN INTEREST RATE THAT IS EQUAL TO, LOWER OR HIGHER
THAN THE INTEREST RATE ON THE REFUNDED DEBT, SUCH DEBT TO
CONSIST OF INTERGOVERNMENTAL AGREEMENTS OR OTHER CONTRACTS
WITHOUT LIMIT AS TO TERM WITH ONE OR MORE POLITICAL
SUBDIVISIONS OF THE STATE, GOVERNMENTAL UNITS,
GOVERNMENTALLY -OWNED ENTERPRISES, OR OTHER PUBLIC ENTITIES,
WHICH CONTRACTS WILL CONSTITUTE MULTIPLE FISCAL YEAR
FINANCIAL OBLIGATIONS AND WHICH WILL OBLIGATE THE DISTRICT TO
PAY, REIMBURSE OR FINANCE THE COSTS OF FINANCING, DESIGNING,
ACQUIRING, CONSTRUCTING, COMPLETING OR OTHERWISE PROVIDING,
AND THE COSTS OF OPERATING AND MAINTAINING, ANY PUBLIC
IMPROVEMENT WHICH THE DISTRICT IS LAWFULLY AUTHORIZED TO
PROVIDE, ALL AS MAY BE PROVIDED IN SUCH CONTRACTS, SUCH
CONTRACTS TO BEAR INTEREST All A MAXIMUM NET EFFECTIVE
INTEREST RATE NOT TO EXCEED 18%, BE REFINANCED AT A NET
EFFECTIVE INTEREST RATE NOT TO EXCEED THE MAXIMUM NET
EFFECTIVE INTEREST RATE WITHOUT ADDITIONAL VOTER APPROVAL
AND CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE
DISTRICT BOARD OF DIRECTORS MAY DETERMINE, AND IN CONNECTION
THEREWITH SHALL AD VALOREM PROPERTY TAXES BE LEVIED IN ANY
YEAR, WITHOUT LIMITATION AS TO RATE AND IN AN AMOUNT SUFFICIENT
TO PAY THE OBLIGATIONS OF THE CONTRACTS WHEN DUE, THE
PROCEEDS OF THE CONTRACTS, THE REVENUES FROM ALL TAXES, FROM
REVENUE SHARING AGREEMENTS, ANY OTHER REVENUES USED TO PAY
THE CONTRACTS AND ANY EARNINGS FROM THE INVESTMENT OF SUCH
PROCEEDS AND REVENUES BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT AS A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD
TO ANY SPENDING, REVENUE -RAISING, OR OTHER LIMITATION
CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE
DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS
IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT?
WHEREAS, the property within the boundaries of the Districts (the "Property") has been
annexed to the Town pursuant to and in accordance with the annexation procedures set forth in
the Municipal Annexation Act, § 3142401 et sec.., C.R.S.; and
WHEREAS, specifically, the Board of Trustees of the Town approved annexation of the
Property by the adoption of Ordinance No. 854 and Ordinance No. 871 (the "Annexation
Ordinances") on, respectively, November 9, 2014 and May 27, 2015; and
WHEREAS, pursuant to the Amnexation Agreement between the Districts and Town,
dated May 27, 2015 and recorded on October 11, 2015 at Reception No. 4149332, Weld County
Records (the "Annexation Agreement"), the Districts agreed that upon annexation of the
Property to the Town, the Districts and Town would process a petition for the Town to become
the approving authority for the Districts; and
WHEREAS, the Districts on October 20, 2015 submitted their Petition to the Town of
Firestone, Colorado Regarding Acceptance as Approving Authority (the "Petition"); and
WHEREAS, pursuant to the Petition and C.R.S. Section 324-204.7, the Board of
Trustees of the Town on October 28, 2015 adopted its Resolution No. 15-50 accepting the
designation as the approving authority of the Districts subject to the conditions set forth in the
Petition and such Resolution; and
WHEREAS, Section 18 of the Annexation Agreement provides that the Town and the
Districts shall enter into an intergovernmental agreement in which the Districts agree to collect,
transfer and convey an amount equal to five (5) mills of the Districts' mill levy to the Town,
2
which funds will be used by the Town to maintain regional parks, regional trails and public
streets within the Property and any other lawful purpose at the Property, or benefitting the
Property, provided that such purpose is one authorized both to the Town and to the Districts
under law, including, respectively, Title 31 and Title 32, Colorado Revised Statutes; and
WHEREAS, the Parties by this Intergovernmental Agreement ("Agreement") desire to
set forth their understandings regarding the collection, transfer and conveyance, and use of such
funds, and related matters; and
WHEREAS, the Parties have determined it to be in the best interests of their respective
taxpayers, residents and property owners to enter into this Agreement.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated in and made a
part of this Agreement.
2. Waiver of Service Plan Notice. The Town expressly waives any notice required
under the provisions of Section 3241 207(3)(b), C.R.S. pursuant to the Districts' Service Plan, as
the same may be required for purposes of this Agreement.
3. FSL Mill Levy Imposition and Pledge. The Districts agree they shall, annually
and commencing with certification of a mill levy in 2015 for collection in 2016, impose, collect,
transfer, convey and remit to the Town all revenues generated from a levy of five (5) mills that
each District shall impose upon all taxable property in the legal boundaries of each such District
annually for the term of this Agreement (hereinafter, the "Firestone Services Mill Levy" or "FSL
Mill Levy"). Each District hereby agrees to levy and impose the FSL Mill Levy annually and to
convey to the Town all revenues therefrom commencing with the District's 2015 levy and
continuing each year thereafter for so long as this Agreement is in effect.
Each District shall remit all revenues generated by the FSL Mill Levy to the Town as
soon as practicable after receipt thereof by the District, but in no event later than thirty (30) days
after the District's receipt thereof from the County Treasurer, it being the Parties' express intent
that each District shall remit FSL Mill Levy revenues to the Town on a continuing, monthly
basis as revenues are received from the County Treasurer. The FSL Mill Levy revenues that
each District shall remit to the Town shall be net of actual County Treasurer collection costs and
fees, and a proportionate amount associated with all refunds or abatements authorized by or on
behalf of Weld County, and does not include the specific ownership taxes that may be received
by the Districts as a result of their imposition of the FSL Mill Levy but otherwise shall not be
subject to any increase or decrease for any other adjustments to District revenues, it being the
Parties' express intent that each District pay to the Town all revenues generated from the five (5)
mill FSL Mill Levy,
4. Use of Funds. The FSL Mill Levy revenues paid by each District to the Town
pursuant to this Agreement shall be placed by the Town in a separate account and used by the
Town to maintain regional parks, regional trails and public streets within or benefitting the
Property and any other lawful purpose at the Property, or benefiting the Property, provided that
such purpose is one authorized to both the Town and to the Districts under law, including,
respectively, Title 31 and Title 32, Colorado Revised Statutes, as determined by the Town.
5. Term. This Agreement shall remain in effect until amended or terminated by
mutual agreement of all Parties. It is the intent of the Parties that this Agreement, and each
District's obligation to levy the FSL Mill Levy and remit the revenues therefrom to the Town,
shall remain in effect for the longest period of time permitted by law, specifically including but
not necessarily limited to restrictions set forth in the District's Service Plan and or electoral
authorization.
6. District Boundaries. Each District shall impose the FSL Mill Levy upon all
taxable property in the legal boundaries of each such District, which boundaries are, as of the
date of execution of this Agreement, as legally described and depicted on Exhibit A, attached
hereto and incorporated herein by reference. Nothing in this Agreement limits the power of the
Districts' to undertake inclusions and exclusions pursuant to Title 32, Colorado Revised Statutes;
however, as it is the Parties' express intent, purpose and agreement that the FSL Mill Levy be
imposed for the term of this Agreement upon all property currently within the Districts'
boundaries, totaling approximately 1,314 acres, it shall be deemed a material modification of the
Districts' Service Plan for the Districts to undertake, without prior written Town consent, any
exclusion that results in property currently within the legal boundaries of a District not being
subject to the FSL Mill Levy. Any Town consent under this Section shall be by resolution or
other writing approved by the Town Board of Trustees.
7. Accounting. The Parties shall each keep, or cause to be kept, proper and current
books and accounts in which complete and accurate entries shall be made for amounts collected,
paid and spent pursuant to this Agreement. Each Party and its duly authorized representatives,
including but not limited to its finance officer, accountants and auditors, shall have access to any
documents, papers, and records of any other Party that are related to this Agreement for the
purpose of making audits, examinations, excerpts, copies and transcriptions. Such access shall
be provided during business hours and at no cost to the Party requesting access, excepting only
reimbursement of actual costs incurred for copying.
8. Tabor Compliance. Each District hereby represents and warrants that it has
obtained all voter authorizations necessary to implement the provisions of this Agreement, and
that such District's obligation to impose and remit to the Town revenues from the FSL Mill Levy
as required under this Agreement does not require any additional electoral authorization and is
not subject to annual appropriation by the District. Each District hereby further represents and
warrants that this Agreement constitutes the legal, valid and binding multiple year financial
obligation of such District, enforceable against the District in accordance with its terms (except
as such enforceability may be limited by bankruptcy, moratorium, or other similar laws affecting
creditors' rights generally and provided that the application of equitable remedies is subject to
the application of equitable principles).
9. Mill Levy Payment Lien. The creation, perfection, enforcement, and priority of
the pledge of each District to impose and remit FSL Mill Levy revenues to the Town shall be
governed by C.R.S. Section 11-57-208 and this Agreement. The FSL Mill Levy revenues shall
0
immediately be subject to the lien of such pledge without any physical delivery, filing, or further
act. The lien of such pledge shall be valid, binding, and enforceable as against all persons having
claims of any kind in tort, contract, or otherwise against each District irrespective of whether
such persons have notice of such liens.
10. Liens; Subordination. Each District represents to the Town that as of the date of
such District's execution hereof, there are no outstanding bonds, loans, indebtedness, agreements
or other transactions that are superior to or would impair such District's obligation to make
payments to the Town as provided in this Agreement. Each District agrees that it will not issue
bonds, loans or indebtedness, and will not enter into any agreement or transaction, which could
impose a lien or pledge as to the FSL Mill Levy equal or superior to the District's obligation to
make payments to the Town under this Agreement, or could otherwise impair the rights of the
Town pursuant to this Agreement. By written consent of the Town, as evidenced by a resolution
approved by the Board of Trustees of the Town, the obligation of a District to make payments to
the Town under this Agreement may be made subordinate to any payment of the principal of, the
interest on, and any premiums due in connection with bonds of, loans or advances to, or
indebtedness incurred by the District.
11. Monies from Other Governmental Sources. The Districts shall not apply for or
accept Conservation Trust Funds, Great Outdoors Colorado Funds, or similar funds or grants that
the Town is eligible to apply for, except as may be specifically authorized by prior written
approval from the Town Board. The foregoing provision shall not apply to specific ownership
taxes which shall be distributed to and constitute a revenue source for the Districts without any
limitation.
12. Cooperation. The Parties each agree to devote their• best efforts, to cooperate as
necessary, and to exercise good faith in implementing the provisions of this Agreement.
13. Representations. In addition to the other representations, warranties, and
covenants made herein, the Parties make the following representations and covenants to each
other:
a. Each Party has the full right, power, and authority to enter into, perform,
and observe this Agreement.
b. Neither the execution of this Agreement, the consummation of the
transactions contemplated hereunder, nor the compliance with the terms and conditions of this
Agreement by any Party will conflict with or result in a breach of any terms, conditions, or
provisions of, or constitute a default under any agreement, instrument, indenture, judgment,
order, or decree to which any Party is a party or by which such Party is bound.
14. Notices. All notices, demands, requests or other communications to be sent by a
Party to another hereunder shall be in writing and shall be deemed to have been validly given or
served by delivery of same in person to the address or by courier delivery, via Federal Express or
other nationally recognized overnight air courier service, or by depositing same in the United
States mail, postage prepaid, addressed as follows:
To the Districts: St. Vrain Lakes Metropolitan District Nos. 1 4
6465 Greenwood Place Blvd., #700
Centennial, CO 80111
To the Town: Town %J Firestone
151 Grant Ave.
Firestone, CO 80520
A In* Town Manager
All notices, demands, requests or other communications shall be effective upon
such personal delivery or one (1) business day after being deposited with Federal Express or
other nationally recognized overnight air courier service or three (3) business days after deposit
in the United States mail. By giving all other Parties hereto at least ten (10) days written notice
thereof in accordance with the provisions hereof, each of the Parties shall have the right from
time to time to change its address.
15. Miscellaneous.
a. Effective Date. This Agreement shall be in full force and effect and be
legally binding upon final approval of the governing bodies of the Parties.
b. Nonassi ng ability. No Party to this Agreement may assign any interest
therein to any person without the consent of all Parties hereto at that time, and the terms of this
Agreement shall inure to the benefit of and be binding upon the respective representatives and
successors of each of the Parties hereto.
c. Amendments. This Agreement may be amended from time to time by
written amendment, duly authorized and signed by representatives of the Parties hereto.
d. Severability. If any section, subsection, paragraph, clause, phrase, or other
provision of this Agreement shall for any season be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, subsection, paragraph, clause, phase, or other
provision shall not affect any of the remaining provisions of this Agreement.
e. Execution of Documents. This Agreement may be executed in multiple
counterparts, each of which shall be regarded for all purposes as one original. Each Party agrees
that it will execute any and all instruments, documents, and resolutions or ordinances necessary
to give effect to the terms of this Agreement.
f. Waiver. No waiver by any Party of any term or condition of this
Agreement shall be deemed or construed as a waives• of any other term or condition, nor shall a
waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the
same or of a different provision of this Agreement.
g. Event of Default/Remedies,
C�
(I) Default. The occurrence of any one or more of the following events,
and/or the existence of any one or more of the following conditions shall constitute an event of
default ("Event of Default") under this Agreement.
(i) The fai ure of a District to levy five (5) mills annually pursuant to
Section 2 hereof;
(ii) The failure of a District to make any payment when the same shall
become due and payable as provided herein;
(iii) The failure to perform or observe any other covenants, agreements,
or conditions in this Agreement on the part of any Party and to cure such failure within
thirty (30) days of receipt or notice from any of the other Parties of such failure, unless
such default, by its nature, cannot be cured within a thirty (30) day period, in which event
the defaulting Party shall have an extended period of time to complete the cure, provided
that action to cure such default is commenced within said thirty (30) day period and the
defaulting Party is diligently pursuing the cure to completion; or
(iv) The filing of a voluntary petition under federal bankruptcy or
insolvency laws by any of the Districts or the appointment of a receiver for any District's
assets which is not dismissed within thirty (30) days of such filing or appointment.
(II) Remedies. Upon the occurrence of an Event of Default, the non -
defaulting Parties shall have the following rights and remedies:
(i) Anon -defaulting Party may ask a court of competent jurisdiction
to enter a writ of mandamus to compel the Board of the defaulting Party to perform its
duties under this Agreement, and/or to issue temporary and/or permanent restraining
orders, or orders or specific performance, to compel the defaulting Party to perforin in
accordance with this Agreement.
(ii) Anon -defaulting Party may protect and enforce its rights under
this Agreement by such suits, actions, or special proceedings as they shall deem
appropriate, including, without limitation, any proceedings for the specific performance
of any covenant or agreement contained herein, for the enforcement of any other
appropriate legal or equitable remedy, or for the recovery of damages, including
attorneys' fees and all other costs and expenses incurred in enforcing this Agreement. In
any action for non-payment by a District of the amounts required to be paid to the Town
under this Agreement, the Town shall have the right of judgment against the defaulting
District.
(iii) In any action brought under this Agreement, the Court shall award
reasonable attorneys' fees and costs to the prevailing Party or Parties.
(iv) To foreclose any and all liens in the manner specified by law.
h. Dispute Resolution. In the event of a dispute concerning any provision of
this Agreement, the Parties agree that prior to commencing any litigation, they shall first engage
7
in a good faith the services of a mutually acceptable, qualified, and experience mediator, or panel
of mediators for the purpose of resolving such dispute. In the event such dispute is not fully
resolved by mediation or otherwise within 60 days a request for mediation by a Party, then any
Party may commence legal proceedings regarding the dispute, provided, however, that the
foregoing shall not limit a Party's right to commence legal proceedings prior to expiration of
such 60-day period where filing within such period is necessary to pursue a claim or preserve
such Party's procedural or substantive rights, including claims pursuant to C.R.C.P. 106 or
Section 32-1-207(3), C.R.S. In the event of such a filing, the Parties agree to attempt mediation
for such 60-day period during the pendency of such legal proceedings.
i. Legal Challenge. To the extent permitted by law, each Party covenants
that it will not initiate any legal challenge to the validity or enforceability of this Agreement, and
the Parties will cooperate in defending the validity or enforceability of this Agreement against
any challenge by any third party. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable,
or invalid provisions or part thereof shall be stricken from this Agreement, and such provision
shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any
provision or part thereof of this Agreement is stricken in accordance with the provisions hereof,
then such stricken provision shall be replaced, to the extent possible, with a legal, enforceable,
and valid provision that is as similar in tenor to the stricken provision as is legally possible.
j. Governing Law and Venue. This Agreement shall be governed and
construed under the laws of the State of Colorado. Venue for all actions brought hereunder shall
be in the District Court in and for Weld County.
k. Inurement. Each of the terms, covenants and conditions hereof shall be
binding upon and inure to the benefit of the Parties hereto and their respective successors and
assigns.
1. Para�ph Headings. Paragraph headings are inserted for convenience of
reference only.
m. No Third Party Beneficiaries. No person or entity who or which is not a
Party to this Agreement will have any right of action under this Agreement.
n. No Joint Venture or Partnership/No Assumption of Liabilitv. Nothing
contained in this Agreement is intended to create a partnership or joint venture between or
among any of the Parties, and any implication to the contrary is hereby expressly disavowed. It
is understood and agreed that this Agreement does not provide for the joint exercise by the
parties of any activity, function or service, nor does it create a joint enterprise, nor does it
authorize any Party hereto to act as an agent of the other Party hereto for any purpose
whatsoever.
o. Entirety. This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties hereto relating to the subject matter hereof
and this Agreement constitutes the entire agreement between the Parties concerning the subject
matter hereof.
E?
IN WITNESS WHEREOF, this Agreement is executed by the Town and the Districts as
of the date first above written.
ATTEST:
By:
Larissa Medina, Town Clerk
ATTEST:
By:
Secretary
ATTEST:
By:
Secretary
ATTEST:
Secretary
ATTEST:
By:
Secretary
TOWN OF FIRESTONE
By:
Paul Sorensen, Mayor
ST. VRAIN METROPOLITAN DISTRICT NO. l
By:
President
ST. VRA1N METROPOLITAN DISTRICT N0. 2
By:
President
ST. VRAIN METROPOLITAN DISTRICT N0.3
By:
President
ST. VRA1N METROPOLITAN DISTRICT N0.4
By:
0
President
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DEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 36 AND :OONSIDERING THE EAST UNE OF THE
NORTHEAST QUARTER OF SAID SECTION 36 TO BEAR SOUTH 0014'13" EAST WITH ALL 13EARINGS CONTAINED
HERgN BEING RELATIVE THERETO;
THENCE SOUTH 0014'15" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36, A
DISTANCE OF 1325,57 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 36;
THENCE SOUTH 88'29'41" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 36, A DISTANCE OF 2632.25 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 369
THENCE SOUTH 0019'03" EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 A
DISTANCE OF 1326.34 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 361
THENCE SOUTH BB'29'44" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 30, A DISTANCE OF 1323413 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST
TH QUARTER OF E NORTHWEST QUARTER OF SAID SECTION 36;
THENCE SOUTH 0097'20" EAST, ALONG THE EAST`LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 36, A DISTANCE OF 1335*11 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF.THE SOUTHWEST QUARTER OF SAID SECTION 36;
THENCE SOUTH 88'21'66" WEST. ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 36, A DISTANCE OF 132194 FEET TO THE NORTHEAST CORNER OF'THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 8915'43" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF. SAID SECTION 35, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION
EXEMPTION N0. 741 AS RECORDED IN RECEPTION NUMBER 2669206 IN THE RECORDS OF THE WELD COUNTY
CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDMSION EXEMPTION N0. 741 THE FOLLOWING TWO (2)
COURSES:
1. SOUTH 72.40'05" WEST, A DISTANCE OF 825.83 FEET;
2. SOUTH 66'34'2$" WEST, A DISTANCE OF 142Q.78 FEET TO THE YlEST LINE
OF THE SOUTHWEST QUARTER OF SECTION 35;
THENCE NORTH 00642102" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER qF SECTION 35, A
DISTANCE OF 21.71 FEET TO THE NORTHERLY LINE OF THAT PARCEL or LAND DESCRIBED IN RECEPTION
NUMBER 2261418 IN THE RECORDS OF THE WELD COUNT" CLERK AND RECORDER;
THENCE SOUTH 77'43'35" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF
2395,3B FEET TO THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER
3019961 IN THE RECORDS OF VE WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY RIGHT OF WAY UNE' OF SAID HIGHWAY 25 THE FOLLOWING 51X (8) COURSES:
1. NORTH 00 Di'11" WEST, A DISTANCE OF 119.70 FEET;
2. SOUTH 8905B'49" WEST, A DISTANCE OF 114.B2 FEET;
3. NORTH 00401'11" WEST, A DISTANCE OF 186,21 FEET TO A POINT OF CURVATURE,
4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE
OF 0612'52", A RADIUS OF 3379.25 FEET AND AN ARC LENGTH OF 366,52 FEET,
5. NORTH 0614'03" WEST, A DISTANCE OF 601.98 FEET TO A POINT
OF CURVATURE;
6. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 05'11'20", A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 288.21
Carrrdollp a Lange
. �1y&St�I6n�h UAo77goi S 0111
PNQNE Cj031Y D-07m�
F,AK,I? ROLI-IfNI�Mom
ak3o75\ucmo slicer I CF 5d P'WYMW t1h/M. RLYs 0/12/C
THENCE ALONG THE ARC OF A NON�TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 5214'19"f
A RADIUS OF 24000 FEET AND AN ARC LENGTH OF 220421 FEETs THE CHORD OF WHICH 13EAR.S NORW
r ' • ! Roll III m fieIIIIIIIII WPM Mtn 4
]R1H 00"42102" WEST; ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 350 A
OF 2357,64 FEET TO THE NORTHWEST CORNER'OF 1HE NORTHEAST QUART1:Ti dF SAID 5ECTi01J 35;
2RTH 8916'34" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A
OF 2855485 FEET TO THE NORTHWEST CORNER OF SECTION 313;
THENCE NORTH 88'58133" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 36, A
DISTANCE OF 1338.83 FEET TO A POINT dF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16:39'38°, A RADIUS OF
1500.00 FEET AND AN ARC LENGTH OF 436,18 FEET;
THENCE NORTH 7218'54" EAST A DISTANCE OF 936,85 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13'33153% A RADIUS OF
1100400 FEET AND AN ARC LENGTH OF 260.42 FEET;
THENCE NORTH 85'52'47" EAST A DISTANCE OF 101,87 FEET TO A POINT OF•CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 3317'47"0 A RADIUS OF
400,00 FEET AND AN ARC LENGTH OF 232.45 FEET;
THENCE SOUTH 6D'4925" EAST A DISTANCE OF 1904 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 3039'44 A RADIUS OF
1600*00 FEET AND AN ARC LE14GTH OF 856,25 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 36;
THENCE NORTH 85030*51" EAST, ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 36, A
DISTANCE OF 1044o02 FEET TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 29,491,299 SQUARE FEET OR. 677,025 ACRES, MORE OR LESS.
EXCEPTING THEREtTtOh1 ALL OF LOT A, AMENDED RECORDED EXEbiPTiON N0. 1207-^36-2--RE114D, AS
RECORDED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER BEING SUBORDINATELY OESCRIBEO
AS FOLLOWS:
COMMENGNG AT THE NORTHEAST CORNER OF SAID EXEMPTION, SAID POINT ALSO BEING THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36 AND CONSIDERING THE NORTH LINE OF THE
NORTHWEST QUARTER DF SAID SECTION 36 TO BEAR NORTH 86'56'33" EAST WIiH ALL BEARINGS CONTAINED
HEREIN BEING RELATIVE THERETO;
PRlPMm 11/2/04, f1i51•
DISTANCE OF t FEET, 0
SOUTHHENCE TH 89*26&24w WEST, A DISTANCE OF
HENCE ..t: i t .: ,.
FEETo
HENCE NORTH 51*3Ov49" WEST, A DISTANCE OF 191403 FEET TO A POINT OF CURVATUREV
HENCE ALONG THE ARC OF A CURVE TO THE , CENTRAL ANGLE OF ,. .s,. RADIUS
0*55 FEET AND AN ARO LENGTH OF 68431 FEET
ENCE NORTH 88IS8'33" EAST* A DISTANCE OF 40193 FEET TO THE POINT (If BEGINNINOV
CONTAINING A CAICULA7E0 AREA OF 54,668 SQUARE FEET OR 1,25 ACRES, MORE OR LESS.
ALSO
EXGEPTiNG THEREFROM
ALL OF LOT A,
RECORDED EXEMPTION
N0. 1207-36-2—RE488, AS
REGORGED IN THE
RECORDS OF THE
WELD
COUNTY
CLERK
AND
RECORDER
BEING
SUBORDINATELY
DESCRIBED
AS FOLLOWS:
Ct?MMENCING A7 THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECIIQN 36, TOWNSNIP•'3 NORTH,
RANGE 88 WEST OF 1HE 6TN PRINCIPAL MERIDIAN, AND CONSIDERING 11•IE NORTH UNE OF 1NE NORTHWEST
QUARTER OF SAID SECTION 36 70 BEAR NORTH 88658'33" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING
RELATIVE THERETO;
THENCE SOUTH 00'15'20" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION A A
DISTANCE OF 30,00 FEET TO THE POINT OF BEGINNING:
iHENCE
NORTH
88'58'33"
EAST,
A
DISTANCE
OF
180A0
FEET;
THENCE
SgU1H
00'15920".EA5T,
A
piSTANCE
OF
242.02
FEET,
THENCE
SOUTH
88'58'33"
WEST,
A
DISTANCE
OF
190,00
FEET;
THENCE
NORTH
0015'20"
WEST,
A
DISTANCE
OF
242.02
FEET TO THE
POINT
OF BEGINNING;
CONTAINING A CALCULATED AREA OF 43,559 SQUARE FEET OR 1.00 ACRES, MORE DR LESS.
THE •TOTAL NET AREA IS 29,392,994 SQUARE FEET OR 674.770 ACRES, MORE OR LESS.
I, WILLIAfrt F HESSELBACN, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADD, DO HER CERTIFY 1HAT
THE ABOVE LEGAL OESCRIP1i0N AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER fdY DIRECT
SUPERV1510N AND CHECKING. j `•
P /..J......,....
DA'
0
=ii
ISW 1/4
I •
I
I
H513a'/o'tH,
1
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I a 4.77a ACRE$
_ .•.• 51tl CGR
SEC
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SECI36
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Carroll Legge
FMmplt i}+OAtnmm�6 5,6" a
0 Denotes Change of Direction Only. This exhibit ,asSam n 3A 228 se
does not represent a monumented survey. It I OWL6S303 98"WO
Is Intended only to depict the attached legal (D .'r°�ulaouuwaECaM
description. P �w7s\uE7NG alm
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Denotes Change of Direction Only. This exhibit
does not represent o monumented survey. It
Is Intended only to depict the attached legal
description.
SW CDR He 1i SEe 39r � � Ni Y �C S5 ,
T&t, fle8w, brii P4� 73H. RBaw, B1t� Pu
PDUHD 5 Y. A1Uu CAP 42 AUlt1 6AA
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SEC 135 1
I� 1
I >� 4 I
a SE 1 /�4 sBolsa3 W
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Carroll � Lange
Protaitlas7l Prpl+aas 6 LanA Snrvr/ary
16S SosUi Lhlon BM[�seits 1iB
lat>�v� OGGJrorott8d0 +3240�
9c°AdnBouDecaia
R,
r, millip took
A DISTANCE OF 1940493 FEET TO THE SOUTHEAST CORNER OF JAEG-w �I�IAKTAII
•
THENCE SOUTH 08'45'03" ViEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID CEPTMM 25 A
DISTANCE OF 514000 FEET;
THENCE SOUTH 00'25'49" EAST, A DISTANCE OF 450.00oFEET,
THENCE NORTH 88145'03" EAST, A DISTANCE OF 149,04 FEET;
THENCE SOUTH 0114'57" EAST, A DISTANCE OF 13139 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON�TANGENT CURVE TO THE RIGHT HAVING A. CENTRAL ANGLE OF 150'1
A RADIUS OF 150,00 FEET AND AN ARC LENGTH OF 39S.O5 FEET. THE CHORD OF WHICH BEARS SOUTH
35'24'33" WEST;
THENCE SOUTH 8914'11" WEST, A DISTANCE OF 77,23 FEET;
THENCE SOUTH 0075'49" EAST, A DISTANCE OF 166,73 FEET;
THENCE NORTH 8943411" EAST, A DISTANCE OF 61027 FEET 70 A POINT ON THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 25;
THENCE SOUTH 0075'49" EAST, ALONG SAID EAST LINE, A DISTANCE OF 1663,11 FEET TO THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25;
THENCE SOUTH 88 30'51" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A
DISTANCE OF 1044.02 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 3003900", A RADIUS OF
1600.g0 FEET AND AN ARC LENGTH OF 856,25 FEET;
THENCE NORTH 60*49125" WEST, A DISTANCE• OF 1904 FEET TO A POINT OF CURVATURE:
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 3317147", A RADIUS OF
400,00 FEET AND AN ARC LENGTH OF 232,45 FEET;
THENCE SOUTH 85'52'47" WEST, A DISTANCE OF 101.87 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAYING A CENTRAL ANGLE OF 13'33'53", A RADIUS OF
1100400 FEET AND AN ARC LENGTH OF 260,42 FEET;
MENCE SOUTH 72ti8'54" WEST, A DISTANCE OF4936485 FEET TO A POINT OF CURVATURE:
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE; OF 16039'39", A RADIUS OF
1600400 FEET AND AN ARC LENGTH OF 436.18 FEET, SAID P0114T ALSO BEING ON THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 25;
THENCE SOUTH 88'58'33" WEST, ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SEC710N 25, A
DISTANCE OF 1338.63 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 25;
THENCE NORTH 0012043" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 254 A
DISTANCE OF 2654.50 FEET, TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 25;
THENCE NORTH 0013107" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 254 A
DISTANCE OF 518.80 FEET:
THENCE NORTH 8W54'S3" EAST, A DISTANCE OF' 480,00 FEET;
THENCE NORTH 232249" EAST, A DISTANCE OF 274.74 FEET;
THENCE SOUTH 88'54'53" WEST, A DISTANCE OF 590^OO FEET, TO A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 25;
TIiENCE NORTH 0013'07" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 25, A
DISTANCE OF 1214.04 FEET:
t
THENCE ALONG ARC OF . CURVE TO THE LEFT HAVING A CENTRAL C
F 04#04053n, A RADIUS OF
/1 1! FEET AND AN OF
ALONGTHENCE NORTH 86025'34"
THENCE C. CURVE! THE RIGHT HAVING A CENTRAL ANGLEC RADIUS OF
650400 FEET AND AN ARC LENGTH OF 245448 FEET, A
THENCE SOUTH 71#56'09" EASTs A DISTANCE OF glaOl FEET TO A POINT OF CURVATURE#
THENCE ALONG 7HE ARC C..CURVE TO THE LEFT HAVING« CEN17RAL ANGLE OF 20*38f57mt A RADIUS
NORTH50040D FEET AND AN ARC LENGTH OF
Ot20 FEET;
:... .. DISTANCE
OF 40149
FEETt
THENCE ►• / 1
7HENCE NORTH 87#41'05" EAST, A DISTANCE OF 196*62 FEET,
lHENCE NORTH 34'81454" EAST, A DISTANCE OF 237*18 FEET,
IMENCE NORTH 1419'58" EASTo A DISTANCE OF 22193 FEET TO A POINT ON THE SOUTHERLY RIGHT�OFPwWAY
LINE OF HIGHWAY 66 AS DESCRIBED IN BOOW 1491 AT PAGE 509 IN THE RECORDS OF 'ME WELD COUNTY
CLERK 1 RECORDERI
r
THENCE ALONG SAID SOUTHERLY RIGHT-OF-•1YAY LINE OF STATE HIGHWAY 56 THE FOLLOWING TWO (2)
COURSES;
1)
NORTH
$8'49'43"
EAST.
A
DISTANCE
OF
905,29 FEET;
2)
NORTH
88'49'28"
EAST,
A
DISTANCE
OF
1600.25
FEET;
THENCE
SOUTH
01'IT38"
EAST,
A
p15TANCE OF 721,43
FEET;
'HENCE
50UTH
88'56'10"
EAST,
A
pISTANCE OF 154.98
FEET
TO A POINT OF CURVATURE;
THENCE
ALONG
THE ARC
OF A
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10'07'51", A RADIUS OF
700.00
FEET AND AN ARC LENGTH
OF 12177 FEET;
THENCE
NORTH
60*55059"
EAST,
A
DISTANCE OF 38128
FEET
TO A POINT OF CURVATURE;
THENCE
ALONG
THE ARC
OF.A
CURVE TO THE RIGHT HAVING
A CENTRAL ANGLE OF 09'03'52", A RADIUS OF
700.00
FEET AND AN ARC LENGTH
OF 110*74 FEET;
THENCE
NORTH
89'59'51"
EAST,
A
DISTANCE
OF 250.58
FEET
TO THE
POINT
or
DEGINNING;
CONTAINING A CALCULATED AREA OF 24,9241476 SQUARE FEET OR 572.187 ACRES, MORE OR LESS.
EXCEPTING THEREFROM
A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 58 WEST OF 'ME SIXTH
PRINCIPAL IdER101AN, COUNTY OF MELD, STATE OF COLQRA00, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT. THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND
CON51DERi1•IG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 TO BEAR NORTH 88'49'43"
EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO;
THENCE SOUTH 24100'08" WEST, A DISTANCE OF 688.84 FEET TO A POINT ON CURVE, SAID POINT ALSO BEING
THE POINT OF SEGINNING;
e
I
c
A A.
RADIUSOF s AAA FEET AND AN ARC LENGTH OF 99o5l FEETj
CHORD OF WHICH BEARS SOUTH
SOUTHTIENCE A .. A A A i POINTON 1
'HENCEi CURVE TO VE LEFT HAVING<
A�.
r
HENCEADIUS OF 418*00 FEET AND AN ARC LENGTH OF 207m49 FEETI, VE CHORD OF WHICH BEARS NORTH 13'4W41w
VESTI
[i, f. DISTANCE O.. _ R *1 ,. ..
ALONGHENCE THE4ARC OF ATHE RIGHT HAVING A CE14TRAL ANGLE 1 A
RADIUS OF l6OtOO FEET AND AN ARC LENGTH OF 611*25 FEET, THE CHORD OF WHICH BEARS NORTH
HENCE SOUTH 836EAST,, DISTANCE , A 4 FEET TO TEE POINT
OF s
I, WIIUAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HERE6Y CEFITIFY THAT
THE ABOVE LEGAL DESCRIPTION AND AiiACHED EXH1817 WERE PREPAREb BY ME OR UNDER MY DIRECT
SUPERVISION AND CHECKING,
i
O{GEP7IWV PAR
� N 10Z61AMES 5
23.l4 ACRES
SMUMN
NOW
Nz��x'1e�
2Ya74' OV�,OqUtt PARC£l
(aD.67•E 2372107 A rxFzk
OKEalm
M�7m mml
MMEMM
MIUMOMO MIUMM
OLUM
WNW7'iri it
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NTLME2£T=
r.
RM19,11M
TL jS�'Yz 1
KMUMMMI T!P�
KIEM
ssr�si•r,.�� ��ccrar
Denotes •Change of plrectton Only. This exhibit
does not reptosent a manum®nted survey. !t
Is Intended only to depict the attached le4al
Denotes •Change of plrectton Only. This exhibit
does not reptosent a manum®nted survey. !t
Is Intended only to depict the attached le4al
GtR'L��fL�ttf3®EuT
�.•..ri7lgErt:T?]li5
it
���EiTLTtiPI
�'f7
E�3e'PYi➢�
t�
Ei�iiB
1� t
L.l
(� NOW
1 SCAM; 1" = 1000, j
Carroll �, Lange
V ia96�uh3p�Ug'den Bhd SN1�1 /S��fl
P/JC°3�®8pgpgd 8
�,C�ll.-UWCECDIA
IYiil\nM �L7
E SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELDg STATE OF COLORADO, BEING MORI
•ESCRIBED AS FOLLOWS*
THENCE
SOUTH
r84'18'24"
WEST, A DISTANCE OF 132.31 FEET TO A POINT OF CURVATURE;
THENCE
ALONG
THE ARC
OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 30'01'59",
A RADIUS OF
800.0D
FEET AND AN ARC LENGTH OF 419.34 FEET;
THENCE
SOUTH
54615'25"
WEST, A DISTANCE OF 115.47 FEET TO A POINT
OF CURVATURE; ,
THENCE
ALONG
THE ARC
OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 0836'34",
A RADIUS OF
800.0D
FEET AND AN ARC LENGTH OF 120,21 FEET;
THENCE
SOUTH
62'62'89"
WEST, A DISTANCE OF 226.48 FEET TO A POINT OF CURVATURE;
THENCE
ALONG
THE ARC
OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 5214'19,
A RADIUS OF
240.00
FEET AND AN ARC LENGTH OF 220.21 FEET;
'
THENCE
NORTH
7034054"
WEST, A DISTANCE OF 97.86 FEET TO A POINT, ON A CURVE, SAID
POINT ALSO
BEING ON THE
EASTERLY
RIGHT OF WAY LINE
OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961
IN
THE
RECORDS OF THE
WELD COUNTY
CLERK
AND RECORDERf
1HENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF 5Atp HIGHWAY 25 THE FOLLOWING TtUO (2) COURSES:
1. ALONG THE ARC OF A CURVE 7o THE RIGHT HAVING A CENTRAL ANGLE
OF Ol'680151 A: RADIUS OF 3182,41 ' FEET AND AN ARC LENGTH OF 109.47 FEET;
2, NORTH Ot'0413' WEST, A DISTANCE OF 464.17 FEET;
?HENCE
SOUTH
8811'13"
EAST,
A
DISTANCE
OF
82.26 FEEL;
THENCE
NORTH
0091'27"
WEST,
A
DISTANCE
OF
379.15
FEET;
THENCE
NORTH
68'b8'S7"
EAST,
A
DISTANCE
OF
185.82
FEETf
THENCE
NORTH
OD'57'37"
WEST,
A
DISTANCE
OF
172,01
FEETf
THENCE
NORTH
82'52103"
EAST,
A
DISTANCE
OF
590,67
FEET;
THENCE
NORTH
04016'i0"
WEST,
A
DISTANCE
OF
264.11
FEET;
THENCE
NORTH
89'31'37"
EAST,
A
DISTANCE
OF
374.84
FE"
THENCE
SOUTH
0212'090
WEST,
A
DISTANCE
OF
283.91
FEET,
THENCE
SOUTH
06'58'06"
EAST,
A,
DISTANCE
OF
202,00
FEET;
THENCE
SOUTH
18'12'08"
EAST,
A
DISTANCE
OF
196.12
FEET;
THENCE
SOUTH
26'53'04"
EAST,
A
DISTANCE
OF
211.58
FEET TO THE POINT
OF BEGINNING;
CONTAINING A CALCULATED AREA OF 1,064,266 SQUARE FEET OR 24.432 ACRES, MORE OR LESS.
TOGETHER WITH THE FOL10�41NG pESCRIBEO PARCEL
COMMENCING AT THE NORTHWEST CORNER OF SAID SEC110N 25 AND CON5IDERING THE NORTH LINE CF THE
NORTHWEST QUARTER OF SAID SECTION 25 TO BEAR NORTH 88149'43" EAST WITH ALL BEARINGS CONTAINED
HEREIN BEING RELATIVE THERETO; THENCE SOUTH 0013'07" EAST, ALONG 711E WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 25, A DISTANCE OF 90.00'FEET.TO THE SOUTHERLY hlGHT,OF WAY LINE OF STATE
HIGi1WAY 66 AS DESCRIBED IN BOOK 1491 AT PACE 509 IN THE RECORDS OF THE WELD COUNTY CLERK AND
RECORDER, SAID POINT• ALSO BEING THE POINT OF BEGINNING; '
THENCE ALONG SAID SOUTHERLY RIGHT—OF-WAY LINE OF STATE HIGHWAY 66 THE FOLLOWING THREE (3)
COURSES; .
1 NORTH 88'49138" EAST, A DISTANCE OF 30.00 FEET;
2 NORTH 43'S0'07" EAST, A DISTANCE OF 70.70 FEET;
35 NORTH 88'49'43" EAST, A DISTANCE OF 1245,14 FEET;
THENCE SOUTH 0110'17` EAST, A DISTANCE OF 417,50 FEET;
THENCESOUTH 8896'35" WEST, A DISTANCE OF 24.89 FEET;
THENCE SOUTH 01'43'25" EAST, A DISTANCE OF 305,38 FEET;
THENCE SOU7H�87624'54" WEST, A DISTANCE OF 403.49 FEET TO A POINT OF CURVATURE* "
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF, 2O'38 57 . A RADIUS OF
5MOD FEET AND AN ARC LENGTH OF 180.20 FEET;
HENCE NORTH 71'56'O9" WEST, A DISTANCE OF 91.01 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 21'38'17", A RADIUS OF
650.00 FEET AND AN ARC LENGTH OF 245.48 FEET;
THENCE SOUTH 86025'34". WEST, A DISTANCE OF 113.93 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04'04953", A RADIUS OF
7OO.OD FEET AND AN ARC LENGTH OF 49.86 FEET;
THENCE NORTH 89'29'32" WEST. A DISTANCE OF 241.54 FEET TO A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 25;
HENCE NORTH 0013'07" WEST, ALONG SAID WEST LINE, A DISTANCE OF 581.71 FEET TO THE POINT OF
BEGINNING;
CONTAINING A CALCULATED AREA OF 892,819 SQUARE FEET OR 20.496 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
Carroll � Lange
HID K'WWrLL 3EC OM
SD 0-091
v: aWa\ago niSTWC(\DtS1fliCT a Nn(x).t)�G SHEt:T x of �, vitau+W 1l!!/a, PEY. OB/lx/ae
I
t
. ,!._ � !. ! ♦. 1. �, . .. ,: �
MERIDIAN*RINCIPAL w EOF DESCRIBED
OLLOWSO
THENCE OgNitNUiNG SOUTH 0019119" BAST, ALONG SAID EAST LINE, A DISTANCE OF 614.07 FEET;
THENCE SOUTH 813S961 WEST, A DISTANCE OF 250,88 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09t13%2", A RADIUS OF
700aDO FEET AND AN ARC LENGTH OF 110.74 FEET;
THENCE SOUTH 80'55'59" WEST, A DISTANCE OF 389,28 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10'O7151", A RADIUS OF
700a00 FEET AND AN ARC LENGTHIOF 123.77 FEET;
THENCE NORTH EV56110" WEST,, A DISTANCE OF 154498 FEET;
THENCE NORTH 0117'38" WEST, A DISTANCE OF 721.43 FEET TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY
OF SAID HIGHWAY 66;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66 THE FOLLOWING FOUR (4)
COURSES:
1, NORTH
CURVATURE; EAST, A DISTANCE OF 790,65 FEET TO A POINT
IALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 00*50*40", A RADIUS OF 11,420oOD FEET AND AN ARC LENGTH OF 168.31 FEET TO A POINT OF
NON —TANGENCY;
3, SOUTH 43043111" EAST, A DISTANCE OF 68,87 FEET;
4, NORTH 89'59'28" EAST, A DISTANCE OF 30,00 FEET TO THE POINT OF
BEGINNING,
ONTAINING A CALCULATED AREA OF 710,272tSQUARE FEET OR 16,305 ACRES, MORE OR LESSO
! ► L4dqaL*Lqoxj&llALl
VEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WE STATE OF COLORADO, BEING MORE PAR RGIINMU
MESCRIBED AS FOLLOWS:
RELATIVEEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SEGIION 25o AND CONSIDERING
HE EAST LJNE OF THE SOUTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH QD*25049" EAST WITH ALL
EARINGS CONTAINED HEREIN 13EING THERETO* ALONG SAID
25,oA DISTANCE IOF 45D,OD FEET TO"WESSOUTHWE5T LINE OF THE#
PARCEI. OF SOUTHEAST,
DESCRI9EDFCTTON
AT
RECEPTION NUMBER 1606745 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, SAID POINT
ALSO BEING THE POINT OF BEGINNING,
'THENCE CONTINUING SOUTH 00025'49" EAST, ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 25, A DISTANCE OF 540,73 FEET,
THENCE SOUTH 89'301" WEST, A DISTANCE OF 610.27 FEET,
THENCE NORTH OD'25'49" WEST, A DISTANCE OF 166,73 FEET;
THENCE NORTH 59034'11" EAST, A DISTANCE OF 77,23 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON —TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 160453'55",
A RADIUS OF 150oOO FEET AND AN ARC LENGTH OF 395.05 FEET, THE CHORD OF WHICH BEARS NORTH
35.203" EAST,
THENCE NORTH 0114'57" WEST, A DISTANCE OF 133.39 FEET, TO A POINT ON THE SOUTH LINE OF THAT
PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745 IN THE RECORDS OF THE WELD COUNTY CLERK
AND RECORDER
THENCE NORTH 88.45'03" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 364.96 FEET TO THE POINT OF
BEGINNING;
CONTAINING AN AREA OF 232,557 SQUARE FEET OR 1338 ACRES, MORE OR 1.E55.
i, WIWAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, OD HEREBY CERTIFY THAT
THE AHOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND CHECKING. _
P.L.S.
NW 1/4, SeQ. J6
NW GOR., S4! 1Ja, SEC. 35
FOUND 3 1/$' ALUM. CAP
PLS 18482
S56`31'13"E 02.26'
t;'
soil k,
CRES POINT OF BEGINNING
NOi'04'15"W 464.
562'52'59`W 226,48'
sw t/4, SEc. as
97.66'
•
OFTv4wwy
���lit'1JI���1tCa�
�
�.., y�,ry
i kt
SW GOR SEO 35
FND, 3 1J4" ALUM, CAP
P 10734, 1988
penates Change of blrectlon only. This exhibit
does not represent o monumented eurvey. It
Is Intended only to depict the attached legal
xxrr b .
lg
Arm
SCALE: 1° = 500'
POINT OF
COMMENCEMENT
NW CCR SEC 25
TJN, R68Wo 67H PM
POINT •BEGINNIrPARCEL B
N89'29'32"W 241
BASIS of ®EARINCS
NORTH LINE NW # SEC 25
N9842'd3"E 2625.44 ---
7t4443050*070E
8 49 43'E 1245.14' w NE COR NW Y 5EC 25
1a TJN, R66W, 6TN PM
v)
7b' b
9'38"E c
n 30sOO' PARCEL 8 N
e92,s19 s.F.* "
20,498 AC.* Saai6'3' W
24.as
' S86'25'34"W
N� 1i3.93'
�o
.r►W
�o
WM
r�
38'
305,
403.4®'
N71'56'09"W
91.01'
CURVE TABLE
CURVE
DELTA
fifiUJUDILCITiffli
BEARING
C1
20638'57"
500,00
180.20
1 N82't5'3 "W
02
2138'17"
650.00
245.48
N82945'17"W
C3
04'04'53"
700.00
49.65
S88028'01"W
sw COR
Nw 1/4
SECTION 25
LL�1J.k+
� Denotes Change of Olrectlon only. This oxhi6lt
does not represent a manumented survoy. it
Is intended only to depict the attached legal
SCALE: 1" w 500'
L
, -
v� a ,. •m ��
POINT OF
00'S0'40" COMMENCEMENT
f3 NE COR SEC 25
HIGHWAY ®
R=11420.00' T3N, 1368W, 6TH PM
NW COR NE % SEC 25 NORTH LINE NE SEC 25 L=168.319
TJN, R66{i; 6TH PM N6849'2eE 2636.6I v S0079'19 E
N8849 28 E 790.65 9260,
S4304VII"E- POINT OF
68.87' w BEGINNING
� Pi69`59'2H"E �
PARCEL, C
30.00' CD
r_ 16=5 ACA
389.2®'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
BEARING
01
09103'52"
700.00
110.74
585'27'55"W
02
1W07161"
1 70D.O0
1 123.77
1 S85159PSVW
SCALE: 1" = 500'
� pe�notes Chonga of Dlrectlon Only. This exhibit
does not represent a monumentad Survey. It
Is intended only io depict the oitoched legal
S89'S9'51"W
25D.58'
till
�wH
�ww
w� a
4C4
I�y�
SE COR'., NE 1/4,
5E0.770N 25
Carroll � Lange
Ptatasaknal rnGina�n L lnnA ,�Lrvryw>;
pULSs�wco¢�,03
Ca19800,0200
Bbr eft g
• G(i{3 OU-WtGECtlAt
NW COR N. uIvrJ 5E i/4, 5EC. 25 v —
SE 1/4, N86 45WIC 2532.77' e.R.� Pa¢aa
SEC. 25 am am 1D087i.9
N88°45'03'
364996'
N01 `14'57"W 133,39'
N89°3d'11®E 77.23'
N00'25'49°W 188.
PARCEL.
232,557 S,f'.f
5.338 Mz,
cuRv� TA��E
CURVE
DELTA
RADIUS
LENGTH
BEARING
Cl
150.53'S6'
150,00
395,05
N35.24'330E
SCALE, 1" : 700'
NOTE:
� 0enbtes Change of Olractlon Only, This exh161t
does not represent o monumontad survoy. 1t
Is Intended only io deplet the attoehed legal
NE ooR., SE 1/4,
SEOTi01N 25
5E COR., SE 1/4,
SECTION 25
Carroll � Lange
P� .vra�{ Fna4ava a t�� sw�,yoa
as 6cu�Uncn Dhtt SWu ISe
Iauwo cororaGo r�12s
Pale!{E D31pB D
�3 009U.-fANOF.COad
4 E(4}.e7+�, SNEEI' 8 C6 0. pairwa ID/17144, REV, OD/i1/i