HomeMy WebLinkAbout1.0 Application[]
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HOHEOhINERS"
August 13, 1991
Garfield County Planning Cornmission
After mlny months of negotiation with the Advisory
cornmission of the Battlement Mesa Homeowners' Association,and numerous hours of questions, discussions and compromiseswith Battlement Mesa Partners, this Board now reconrnends
acceptance of the new consolidated service Plan as presented
here thjs evening.
The Consolidated Service Plan, along with the recent
Merged Association Plan, is in the best interest of the entireBattl ement lt4esa Conrnuni ty.
Approved by the Board of Directorsof the Battlement Mesa Homeowners'
Assoc'iati on
NoII
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/'/.Signed by ,/ )tr t
rry
Pres i d
Horneowners ' Assoc i ati on
EFIENT'ME $io
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RESOLUTION OF THE
SADDLEBACK I'IETROPOLITAN DISTRICT
( coNsol,rDATrON )
IIHEREAS, the saddleback Metropolitan District' Garfield
County, Colorado, is a quasi-municipal corporation and political
subdivision oi the Stat6 of Colorad-o organized and existing under
Section 32-1-101, et seq., C.R.S.;
WHEREAS, the District is empowered, pursuant to. section 32-
1_501, et seq. c.R.s., to initiate proceedings for the
consoiidatiori of tt" Oistrict with bne or more other special
districts; and
$HEREAS, the Battlement Mesa Water and sanitation District'
Garfietd county, colorado, is contiguous to the District and
shares many ot"ine same interests ai the District; and
WHEREAS, Section 32-L-602(2) (a), C.R.S., authorizes the
board of the district to pais i conlofidation resolution for the
p"ip""" "t initiating- the consolidation of two or more special
districts into a sin[le and consolidated district, in the form
stated herein.
NOW, THEREFORE, be it resolved by the Board of Directors of
the SaddleUacf-tleiropotitan District, Garfield County, Colorado'
as follows:
t. . The Board has found and does hereby find and declare
thar Itd SiJJ1eback Metropolitan District and the Battlement Mesa
Water and Sanitation Oistiict are so situated that both districts
may operate more effectively and-economically as a consolidated
district "rra if,it the publii health, safety, prosperity and
;;;;;;i welfare of the inhabitants of Saddleback Metropolitan
6i"tri"t will be better served by the consolidation of such
districts.
2. The proposed name of the proposed consolidated district
Is the "Consolidated lrletropolitan District.''
3. The special districts to be included within the
proposed Consolidated Metropotltan.District are the Saddleback
ftetiopofitan District and tire Battlement Mesa Water and
sanitation District. A11 0f the services of each district shall
be consolidated into the single district'
4. The board of the consolidated district will have five
directors. The consotidated district will not be divided into
director districts.
5. The district is located within three miles of the Town
of Parachute, therefore, approval of a consolidated service plan
i; required.' The consoiiailion of the districts sha1l be
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contingent upon the approval of the proposed service plan for the
Consolidated tletropolitan District by the Board of County
Commissioners of Garfield County.
5. The Battlement Mesa Water and Sanitation District shall
have until September 30, 1990 to approve the consolidation
resolution in order to be included within the proposed
Consolidated l{etropolitan District.
REsoLvED this 61 day of Strrcn,dt4 , 1990 by rhe
Board of Directors otTtre SadalebaEI MetropoliEan District as the
district initiating the consolidation.
// //,,%-President
Attest:
nL-/
I.
PC 9/L2/90
PROJECT INFORUATION A}ID STAT'F COMMENTS
PROJECT:
LOCATION:
Consolidated Metropolitan District
Service Plan
The proposed district is located in
port-ions of Section 5, 7 , 8, 9 t -L7ind 18; T7S, R95w and Sections 19
and 24i rzs, R95w; more PracticallY
described as parcels of land located
within the Battlement Mesa P.U.D.,
south of Parachute.
REI"ATTONSHIP TO THE COMPREHENSIVE PLAI{
Some relevant Garfield County Comprehensive PIan issues ares
Ensure the provisions of legal, adequate, dependable
and cost eftective sewer and water facilities and to
encourage new development to locate in proximity to
existing sewer and water facilities.
The following goal objective and policy are relevant to the
issue of special districts:
Objective 5.Discourage the unnecessary proliferation
of private water and sewer systems and
special districts.
The County will approve only those private
water and sewer iystems and/or special
districts that meet a specific development
need and where the development cannot
obtain the same services from an adjacent
Policy 5.
or nearby system or district in an
economicallY feasible manner.
Whether or not a new special district should be formed is
still a relevant issue and a finding of substantial compliance
with the Comprehensive PIan will hive to be made by the-Board
of County Commissioners and Plann5-ng Commission according to
c.R. s. 32-t-203.
II. PROJECT DESCRIPTION
The Battlement Mesa P.U.D. was originally approved by the
Board of County CommS.ssioners in August of 1975. Subsequglt
amendments to the P.U.D. were approved by Resolution No.80-82,
5/L9/80, and by Resolution No. 82-L2L, 5/24/82. The P.U.D.
encompasses approximately 3,082 acres of land zoned for
residential, commercial and recreation/open space uses. In
December of 1981, the Board approved the Battlement Mesa Tlater
and Sanitation District by Resolution No. 81-379. The
original boundaries of the Battlement Mesa Water and
Sanitation District were modified in 1985 to reduce the area
included in the district to the developed neighborhoods.
Due to changes in the development of the Battlement Mesa
P.U.D., it was proposed to centralize the costs of providing
services by the formation of a Metropolitan District
surrounding the existing water and Sewage treatment
f acilities. The Battlement l.lesa l{etropolitan District was
approved by the Board by Resolution No. 85-129 in November of
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1986. Saddleback Metropolitan District lras aPProved by
Resolution 88-011 in January of 1988. The Metropolitan
District contracts with the existing service users for the
treatment of water and sewage. These entities are Battlementllesa Partners (BW), Battlement Mesa Yflater and SanitationDistrict, Saddleback lrtetropolitan District and the Town of
Parachute. It was anticipated that when the Battlement DIesa
P.U.D. is built-out completely, the Battlement Mesa
Metropolitan District boundary may encompass the entire area
developed, and aII of the other districts wiII dissolve.
Portions of the proposed district have existing water and
sewer lines in place as a result of the original construction
activity of BMf in the early 80's. These facilities were
purchases from BMI by the district. Any new water or sewer
lines will be built and paid for by the developer of theproperty. Treatment of the sewer and treated water will be
provi.ded for by contract with the Battlement Mesa MetropolitanDistrict.
As a metropolitan district, the following services can be
provided IegaIIy, in addition to water and sewer:
-fire protection
-street improvement
-safety protection system
-television senrice
-public transportation
-mosquito control
In essence, the metropolitan district has most of the same
powers and authorities as a municipality.
III. ISSUES AI.ID CONCERNS
A. The formation of a special district requires the filingof a service plan with the County Clerk and Recorder and
then action by the County Planning Commission and Boardof County Commissioners.The Board of County
Commissioners must take action within thirty (30) daysof the regular meeting at which the service plan ispresented to them. Within the thirty day period, the
County Planning Commission is required to study theservice plan, and present its' recommendation to the
Board of County Commissioners. The Board can take anyof the following actions:
L. Approve, without condition or modification, theservice plan;
2. Disapprove the service plan as submitted;
3. Conditionally approve the service plan subject toadditional information being submitted or themodification of the proposed service p1an.
The Board must disapprove the service plan if evidence ofthe following is not presented:
1. There is sufficient existing and projected need fororganized service in the area to be serviced by theproposed special district;
2. The existing service in the area to be served by the
proposed special district is inadequate for present
and projected needs;
3. The proposed special district is capable ofproviding economical and sufficient se:rrice to thearea within its' proposed boundaries.
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4. The area to be included in the proposed special
district has, or will have, the financial ability to
discharge the proposed indebtedness on a reasonable
basis.
The Board may disapprove the service plan if evidence
satisfactory to the Board of any of the following, at the
discretion of the Board, is not presented:
1. Adequate service is not, or will not be, available
to the area through the County, other existing
municipal or quasi-municipal corporations, including
existing special districts, within a reasonable tirne
and on a comparable basis;
2. The facility and service standards of the proposed
special district are compatible with the facility
and service standards of each County within which
the proposed special district is to be located and
each municipality which is an interested party under
Section 32-L-20a(Lli
3. The proposal is in substantial compliance with a
master plan adopted pursuant to Section 30-28-105,
C.R.S.;
4. The proposal is in compliance with any duly adopted
county, regional, or state long-range water quality
management plan for the areai
5. The creation of the proposed special district wiII
be in the best interests of the area to be served.
Enclosed for your review is a complete copy of the
proposed service plan. Due to the short turn-around in
receiving this report, there will not be any additional
staff comments until the meeting.
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Gnrursruw& Ha'nnrNc
A PROT'ESSIONAL CORPORAIIION
AIT'ORNEYS AT LAW
SUITE SAOO
WELLS I!ARGo CEI\IIIER
17OO LINCOLN STREET
DED{\TER, COLORADO 80203-4538
TELEPHONE (303) 839-3800
IIELECOPTER (303) 839-3838
WW.w.GRIMSIIAWIIARRING.COM
February 6,2004
E[uERtrAs
tAw flilt' woiLolvlDE
h'! -uv7 -tz?
Matthew R. Dalton
303-839-3106
Board of County Commissioners
Garfield CountY
Attn: Don DeFord, CountY AttorneY
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Re:
Dear Don:
Enclosed please
Metropolitan District.'
Consolidated Metropolitan District
find a Notice of Intent to Undertake Activity
rn@grimshawharring. com
www. grimshawharring. com
adopted by the Consolidated
Bywayofbackground,pleaserecallthattheConsolidat0dMetropo,lll,lll':li:::i:i
its origifit ;;i;;;;.""pr.-.rvears ago in order to clariff its power to acquire ai1 T:.:1t: i:l;"#il * gui,i.*.* Mesa Activity c-enter. Previously, the Activity center was owned and
operated by the Battlement Mesa Metropolitan District' At the time, the proposed action was
J^^I^-.:-^ +L'ot flroffi;r;*r;;;1" the county commissioners, who adopted a resolution declaring that the
, I L) - ^ -^: ^:-^ ^1 o ^*,.i ^^ Dl a'r
assumption of that activity *u, ,rot a "tnaterial departure" from the District's "t'_*'- l:.1,':::11:*rDu,rPLrvr wvlr ' 'wr ,. i. fhet^fhe T)istric creational facility,The rationale, as stated in that Resolution, is that the District was acqurlng a rer
while at the same time acquiring the necessary ftinding mechanism (fees) to pay for the facility'
Given the balancing of those two factors, the Board approved the action'
one of the things the First Amendment statecl was that it was anticipated that the fee structure
imposed by the Battlement Mesa Metropolitan District would remain the same after the transfer' The
First Amendment even went so far as to indicate that the annual recreation fees (as opposed to the
up front impact fees) would not be increased in the absence of electoral approval' The Board of
Directors now wishes to amend that document to eliminate the need for electoral approval of a now
necessary increase in the District's fee structure'
The legal analysis is essentially that the Board of Direqtors of the Consolidatecl Metropolitan
District is empower.d to amend its Service Plan in non-material ways' The Amendment approved
;;""*;i;;;r "g;;J*".0 to be not material by the County Commissionels and the Board
Board of County Commissioners
February 6,2004
Page 2
of Directors of the Consolidated Metropolitan District. In stating that the fee structure would not
be changed without the approval of the electorate, the Board of Directors of the Consolidated
Metropolitan District artificially imposed a condition upon its activities that is not required by either
the Constitution or the laws of the State of Colorado. The Board did so, however, in the exercise
of their discretion.
The Board of Directors has now exercised its discretion by voting to eliminate the
requirement. Logic tells me that, if it were a non-material modification to place the restriction on
its activities in the first place, it is a non-material activity to remove it.
in order that you might understarrd the or,Jer of magniiude, the current f-ee is S205.0C per year
per unit. That is the maximurn fee anticipated in the First Arnendment to the Service Plan. The
increase in the fee currently being contemplated is less than $10.00 per annum. Nevertheless, that
increase appears to be absolutely necessary given the increases in personnel costs and the need to
begin to create reserves for the upkeep and betterment of the facility.
I will also point out to the Board of Directors of the Consolidated Metropolitan District is
controlled by homeowners. This is not a developer controlled Board of Directors taking this action'
Should the other property owners ancl residents of the Consolidated Metropolitan District find this
action to be without favor, they are free to remove the current Board of Directors either at this May's
election or in subsequent elections.
I hope, Don, that this letter finds you well. Should you have any questions concerning any
of the above or the proposed action by the Board of Directors, please do not hesitate to contact me
at your convenience.
Best regards,
GRIMSHAW & HARRING,
A Professional Corporation
Zail---
Matthew R. Dalton
MRD/aob
cc: Board of Directors
Bruce Smith
tt604l12
N0TICEoFINTENTIONToTINDERTAKEACTTVITY
SECTION 32-1.-207 (3Xb), c.R.s.
CONSOLIDATED METROPOLITAN DISTRICT
GARFIELD COLTNTY, COLORADO
NOTICE IS HEREBY GIVEN pursuant to Section 32-1-207(3Xb), C.R.S. that the
Consolidated Metropolitan District of Garfield County, Colorado intends to undertake a modification
of its Service plan to permit an increase in the District's recreation fees without need of an election.
NOTICE IS FURTHER GIVEN that any action to enjoin such activity as amaterial departure
from the Service plan of the Consolidated Metropolitan District must be brought within forty-five
days from publication of this notice.
BOARD OF DIRECTORS
CONSOLIDATED METROPOLITAN DISTzuCT
By: /S/ Matthew R. Daiton
General Counsel
Grimshaw & Harring, P.C.
Matthew R. Dalton
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
Message
Don DeFord
Page 1 of2
From: GARCO Attorney
Sent: Wednesday, February 11,20042:52PM
To: Don DeFord
Subject: FW: Consolidated Metropolitan District (CMD)
-----Original Message-----
From: Tresi Houpt
Sent: Wednesday, February LL,2004 2:33 PM
To: GARCO Attorney
Subject: FW: Consolidated Metropolitan District (CMD)
Don - Could we discuss?
T16si
-----Original Message-----
From: Robeft B. Houska [mailto:rbh@bmesa.com]
Sent: Wednesday, February ll,2004 2:06 PM
To: Tresi Houpt
Su bject: Consol idated Metropol ita n District (CM D)
Commissioner, I spoke to you today at the Parachute Senior lunch. For a little background, the developer and
people living in gaittemeni tvtesa siw the need in 90-91 to combine the activities of some districts and create a
new one (CMD) which would be more responsive to the people.
A "Service plan" was produced in July of i ggt , and approved by the Board of County Commissioners before the
election of Directors. Basically all the new CMD would do was to retail water and sewer to the residents, own the
service lines off the main watlr & sewer lines and collected lot fees to pass on for the operation of the BM Acivity
Center which was still owned by the Battlement Mesa Metropolitan District (BMMD is a special district basically
controlled by the developer as ihe Developer decides who gets voting ownership of five special pieces of
property). Tfie BMMD also owns the water and sewer plants. I am not sure if they own any water rights, but I
haje
"66n
legal water notices which specifically involved the BM developer owning water rights. Eventually,
BMMD *as g-etting a lot of flack from residents about operation of the Activity Center and they saw that the
Center would have a better chance at grant monies if the Center was owned by the CMD. The two groups got
together and decided that CMD would buy the Center if the voters approved. I happened to be in between two
teims as an elected CMD Director and went to the Board and suggested that I would only be in support of it if the
cap on the lot fees did not exceed the stated $205. I also said that if more money was needed, then the CMD
should talk to the Parachute Recreation District about having ownership of the Center and its operations. The
voters approved the purchase of the Center from the BMMD by the CMD.
Page 47 of the approved Service Plan states, "...the obligation of the CMD may not exceed $500,000 in any one
y"j,- ReSf ruT ADbtTtONAL AUTHORTZATTON FROM THE ELECTORS (caps mine) of the CMD. This maximum
innualfee obligation therefore cannot exceed $205 per unit or per lot, based on the number of current properties,
in any one yeaiabsent additional authorization." Somewhere the document also limits the amount of the
Recreational Assessment Fee charged to new home construction.
Some Directors feel we have no need to go to the people if the Board of County Commissioners approve the
petition the CMD's attorney has just sent to your attorney. Read the letter from the Attorney from CMD to Don
beFord as well as the petilion. bi CtrlO's Directors, Bill Wilde is still part of the developer's management.team
and Jim Warren is very active with the Battlement Mesa Sun newspaper. The Director (Walker) who_ made the
motion for the petitionlust wanted to bring this to a head. I was the only one to vote "No." Many of the people
who purchased prope.ty here feel the $205 is engraved in concrete and should not be changed without a vote. I
strongly urge the Cbunty Board to not take action or not approve the petition and tell us (CMD) to take it to the
voteri.- I also informeO ine rest of the CMD Directors that I would challenge the petition. Thank you for listening.
lf you could email the addresses of John & Larry, I will forward this to them personally.
2tr112004
CONSOLIDATED
SERVICE PLAN
FOR THE
,CONSOTIDATED T,IETROPOLITN{ DISTRICT "
GARFTELD COUNTY, COLORADO
The Consolidated lrletropolitan District
will result from the consolidation, pursuant to S32-1-501, C'R'S'
of the
Saddleback Metropolitan District
and the
Battlement l{esa water and sanitation District
September, 1990
D e
TABLE OF CONTENTS
INTRODUCTION
DESCRIPTION OF SERVICES.
A. Water
B. SanitationC. Parks and Recreation
D. StreetsE. SafetYF. TransPortation
G. TV ReIaY and Translation
H. Iilosquito Control
I. Fire
PROPOSED DrsrRrcr BoUNDARTES/l'{AP
pRoPosED LAND USE/POPULATTON PROJECTTONS
ASSESSED VALUATION
FACILITIES TO BE CONSTRUCTED AND/OR ACQUIRED
STANDARDS OF CONSTRUCTTON/STATEI'IENT OF
COMPATIBILITY/ENGINEERING AND ARCHITECTURAL
SURVEYA. Construction Standards
B. ComputabilitY
C. Engineering and Architectural Survey
ESTI}'IATED COSTS OF FACILITIES
PROPOSED INTERGOVERNI',IENTAL AGREEMENT(S )
A. Management Contracts
B. Watei and Wastewater Agreements'
C. Recreation Center Agreements
OPERATION AND UAINTENANCE/ESTIMATED COSTS
Page
I.II.
III.rv.
v.vI.
VII.
VIII.rx.
4
5
5
5
x.xr.
6
6
7
7
7I
8FINANCIAL PLAN
A. CMD Functions
B. PreliminarY Budget
C. DeveloPer Advances
D. Capit.al Pro jects
E. Debt Service1. MiII Levies
2. Notes
CONCLUSION 11XII.
LIST OF TABLES
1. Operating llill Levy (1990) ' ' ' ' '9
102. Debt Service I'IiII LevY (1990) '
rJ nt)t_l
t?.E
LIST OF EXHIBITS
EXHIBIT A - Consolidation Resolutions of
SMD ANd BMI{SD
EXHIBIT B - Legal DescriPtion
EXHIBIT C - MaP
EXHIBIT D - 1990 Budget for the Saddleback
lletropolitan District
EXHIBIT E 1990 Budget for the Battlement
Mesa Water and SanitationDistrict
EXHIBIT F Draft 1991 Budget for the
Consolidated lletroPolitan
District
II
SERVICE PLAN FOR THE PROPOSED
CONSOLIDATED UETROPOLITAN DISTRICT
GARFTELD COUNTY, COLORADO
I. INTRODUCTION
The Board of Directors of the saddleback lletropolitan
District ("SDID;1, anO the Board of Directors of the Battlement }lesa
llater and Sanitation Oisirict ( "BMWSD" ) r resPectively, have
determined that it is in the best'interests of the Districts to
consolidate p"rl"u"Jio $ 32-L-601 et seQ. r C.R.S. -The resolutions
of each District that apProve the consolidation and authorize this
Consolidated Service iian i." provided in Exhibit A attached
hereto.
The proposed "consolidated Metropolitan District'
(.CMD,,)r shalL [e-L"tirely within Garf ie]d County, Colorado C1ID
sha}I serve the Battlement l{esa Development, and shall result from
the complete consolidation, pursual-t P6 q 32-L-601 et se9., c.R.S.,
of sltD and Bl.lwsD. Becau"" 6up wiII be located within three miles
of the Town of narachute, sltD and BllIlJsD are required by
$ 32_L_6O2(2) (c) and s 32-L:607(_5-),- .CtR.S. to submit a proposed
Eonsolidatdd'i"i.ri". plan to Gariield County for review'
This consolidat.ed service PIan consists of an analysis
and plan showing how gr," *i1ag_ement_,- financing, facilities and
services of tne p-roposed Consolilated l{etropolit*.D.istrict wilI be
pi""ia"o. Th; ?orioring iiems are includ6d in this Consolidated
'service Plan as required by $ 32'L-202(21 , C'R'S':
l.AdescriptionoftheDistrict,sservices;
2. A financial plan showing how the proposed services
are to be financed;
3.Apreliminaryengineering.orarchi.te.ctura].Survey
showing how the pioposed seivices are to be provided;
4,AmapoftheproposedD.istrictboundariesandan
esrimate of th; il;ulation a'nd'valuation for assessment of the
proposed consolidated District;
5.Ageneraldescription.ofthefacilitiestobe
constructed and the standards of such construction, including q
statement of how the facility and service standards of the p-rop-osed
District .r" ""*piiiUf" witti the facility -and serYi:9 standards of
Garfield Couniy,^and of ,uni"ipulities aird special districts which
are interested'parties as defined in $ 32-L'204(1), C'R'S';
6.Agenera}descriptionoftheestimatedcostof
acquiring Iand, dngineering seivices, l9SaI- services, admini-
strative ="=rri."", initiJ-- p=oposed indebtedness and estimated
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proposed maximum interest rates and discounts, and other major
E*pE.="= related to the organization and initial operation of the
District; and
7. A description of any arrangement- or prop-osed
agreement with i"y l"f iti'cal subdivisi-on for the performance of any
services between-the proposed District and such other political
subdivision.
Because construction of the public facitities within SllD
and BMWSD have been essentially completed, those d-istricts are
."i=""tfy in an operation and miintenlnce posturg' - Consolidation
of the d-istricts will not change the character of the services to
;; liovided. It will not c-hange. !h" (no1;c.ompleted) . capital
improvements Program. Therefore, this Consolidated Service Plan
concentrates ^on liscussions of combined operations-, maintenance,
intergovernmental relations and financing-. Descriptions of the
.ipiiif facilities and previous pIals- for the Battlement l{esa
Development exist in tha October] 1981 BMWSD Service Plan and
Novemblr 1987 SMD Service PIan and wiII not be rePeated here'
II. DESCRIPTION OF SERVICES
Because CtlD wiII result from the complete consolidation
of SMD and BMWSD, and because it is expected that the electors will
uppiolr. the grintir,g of metropolitan dlstrict P9w9rs--as requlr-ed-by
S"SZ-1-EO2(Zj (e), i.n.S., as- indicated in S 32-L-692(r), .C.R-.-S.,
CMD wiII have'the powers previously held by both sl'lD and BI'{WSD'
Because SI,ID "rrt="itly ndf as aII of the pov,ers .available to
m"ii"p"fitan districti, CUD wiII have the following statutory
Powers 3
A.Water.TheDistrictwillhavethepow.er.and
authority to ptffifor the acquisition, construction, completion,
installation 1r,A7o= operation a-na maintenance of a complete potable
i"a nonpotable 'Ioca} water supply, - storager_ transmissj-on, an9
distribution "y"t"*, which may i-nciude, buC shall not be limited
io, transmissi6n Iin'es, distri6ution mains and laterals, irrig-atig}
facilities, ;i;=.g" facilities, Iand and easements, -and ?11
,,""""".ty, incidenial, and appurtenant facilities, together yitl
extensions of and improvemenii to said system within and without
the boundaries of the District.
B. sanitation. The District also wil} have the Power
and authority To-lroviae for the acquisitionr. construction,-ompletion, instatlition and/or -operation and maintenance of a
"o*bi"t. l6cal sanit,ary sewag'e col-lection and transmission system
*niln ..y inlluae, but' shall- not be Limited to, collection mains
and lateralsr-L."t=*ission 1ines, and/or storm sewer, .flood.?"9surface drainage facilities and systems, including detentron/
retentj-on pondi and associated iriigation facilities, and tIl
necessary, incidental, and appurtenant facilities, Iand and
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easements, together with extensions of and improvements to said
;t;a; witnin-and without the boundaries of the District'
c. Parks and Recreation. The District witl have the
Pov,erandauthoheacquisition,construction,E"*pf"ii"", instaliation and/or -ope.ration lnd maintenance of parks
and recreational facilities 'inclu--ding, but not limited to, parks,
Uifr" paths ana teaestrian ways, open sPace, Iandsc^aPllg, cultural
activities, cominunity recreati6nai cenLers, water bodies, irriga-
tion tacif ities, .'t a other active and passive recreational
facilities and programs, and alI necesslry, incidental and
appurtenant f acilities, Iand and easementl, togethe-r. with
extensions of and improvements to said facilities within and
without the boundariei of the District. cI'lD wiII not duplicate
services or facitities provided by the Parachute/.Battlement Parks
and Recreation District and intendl to cooPerate with that District
to provide quality recreational opportunities '
D. streets. The District also will have the power.and
authority to ptorffitor the acquisition, construction, completion'
installation' and/or operatibn and maintenance of street
improvements, including curbs, gutters, culverts-, and other
aiiir.g. f acilities, sidlwalks, trilges, overpasses, .bike -pattrs.andpedestiian ,uy1 interctra.nges., mediln islands, paving, lighting,
;;;;i";, IandJcapilg, irrigltion, and parking_ Iots and structures,
i;Fah6; with - all' nec6ssary, inCidental, and aPPurtenant
facilities, land and easementir'together with extensions of and
improvements to said facilities'witf,in and without the boundaries
of the District.
E.safety.TheDistrictwillhavethePow.er.and
authority to p.ffi"-tor the acquis it ion, construct j'ot' r, :?1q1:!i:i:installation and/or operation and maintenance of facilities and/or
services fo. a "istem of traffic and safety control.s and devices on
streets and hi.ghways and at railroad crossings, including
iignafization, fog.iher with aII necessary, incidental, and
appurtenant facilities, land and easements, togethe-r- with
extensions of and improvements to said facilities within and
without the boundaries of the District'
F.Transportation.TheDistrictwillhavethePower
andauthority@ortheacquisit}on,.construction,-ompletion, instattition _ul9/"-t operation and mai-ntenance of a
system to trurr"port the p"Uii6 by bug, railr or any other means of
conveyance, or'combinai,ion thereofr or pursuant to contract,
inclu'cling park and ride facilities and parking lots, structures'
and facilitiesf together with aII ndcessary, .incidental and
appurtenant facilities, Iand and easements, and all necessary
extensions of and improvements to said facilities or systems within
and without the boundaries of the District'
r-l
\- -/n\-/
G.TVRelayandTranslation.TheDistrictalsowill
havethepo*"rffito--providefortheacquisition,construction, completion, - i'rr"t.I lltion and/-or operation and
maj-ntenance of television ;;I.y uld translation f acilities,
together wirh aII necessary, incid6ntal and "PPiT:"^1"_1t.
facilities,
land and easements, and aII necessary- - extens.ions of and
improvements to saia facilities within and without the boundaries
of the District.
H.MosquitoControl.Ih"Districtwillhavethepower
andauthority@theacquisitiorr,construction,completion, installition ""al"t
-operation and maintenance of
f acilities J;7-;- "Ei"il""
--i", the- erimination and contror of
mosquitoes, including contractual arrangements with other entities
to accomPlish such PurPoses '
I. Fire. The District wiII have the power' 'and
authority to p.Fa" for the u-qrri"ition, construction' completion'
insratration ;;d7;; "-p"t"Ii"n ind maintenance of facirities and/or
services tor piotecfion aliins-t fire.by any-.availabIe means'
inctuding, Urrt-not limited to, fire stati6ns, tire protection and
fire fighting equipment, al ambulance service, an emergency medical
service, a rescue unit, and i ai"i"g and grapplilg..service, and all
necessary, incidental, and apPritenanl -facillties' land and
easements, together with "*t."iior," of and impr-ovements to said
system withii and without the boundaries -of the District'
presently, fire protecti"" i= -fioviaejl- by -the. Grand Valley Fire
Disrrict. It is not anticipii"d tnut CID.wiII incur any- costs for
this service. But, if the irand VaIley Fire District refuses or is
unable to provide servi.", ctlo wiII ha-ve the ability to provide the
service as needed.
Of course, the power and authority - !o provide these
services does not include tf,e oUtigatiol to proiride th.em' CUD wiII
take over the operations of sI'lD and aI'lWSD but it is not anticipated
that those op"i'itions will-b;-;*P;nded except as-may.be required by
growth in the Battlement MLsa development '- Other than repair or
replacement of facilities that were previously constructed by or
for sI,lD and BI,IwsDr Do "",
-.ufittr ficirities are expected to.be
built. In the event that su6stantial capital co-nstruction other
than repair or replacement is anticipated, Cf'fp will be required to
estabrish authorization toi- suctr a6tirity through the avairabre
statutorY Procedures.
III.
The area to be served by the consolidated l'letropolitan
District is the existing service ateas of SMD and BDIWSD combined'
A legar aescription or 1-he .propgs".d District is attached hereto as
Exhibit B. A map of the d&ria"rie= of the proposed District is
attached as Exhibit C.
U
rv. PROPOSED LAND USE/POPULATTON PROJECTTONS
property within the District is zoned by Garfield County,
which aI1ows for i mixed-use planned unit developmgnt' Much of the
piop"rty is now vacant. priUtic facilities and/or services are
ii"iia"l by Sl,iD and BMWSD either directly or by contract with other
districts. conversion to a consolidateildistrict will result in no
"[u"g" to the proJected population expected within the Battlement
tlesa DeveloPment.
V. ASSESSED VALUATION
ThePresentassessedvaluationoftheproperty-fq-!"
included withiri the proposed District is approximately $5r878,260,
which represents the 1950 assessed valuation of the proPg{t{ within
SI1D and ittWSo as shown in the 1990 budget documents provided in the
Exhibits hereof.
VI. FACILITIES TO BE CONSTRUCTED AND/OR ACOUIRED
The District will automatically acquire those facilities
currently owned by SMD and BI'IWSD. lt-aps.- showing- . the g-eneral
Iocationi of these -facilities are available in the offices of those
districts.
The facilities include, generally, aII of the water and
sewer transmission and distribution lines serving the SMD and BI{WSD
service area. Treatment facilities and access to certain main
lines are provided by the Battlement llesa Metropolitan district
i;gyilp;t by intergov-ernmental agreement. The water and sewer
iacilities irave been constructed tb aII applicable standards. They
are a]] Located in public right-of-ways -or pTgpgTty that is to be
dedicated or otherw-ise perminently mide available to CMD by the
developers.
The Battlement Mesa Recreation center and trails and open
space system is owned by B},1I'1D and access to those facilities for
area residents will be -provided by that entity Pursuant to its
rules and regulations. The finlncing of _ t-he. operation and
maintenance of those facilities will be provided, in- part, through
an intergovernmental agreement entered into originally by SIO 314
B1II,1D. The "Uiig"iioni of Sl'lD thereunder wiII be automatically
assumed by CI'1D. BI,II'ID has consented to such assumption of SI'ID
obligations bY CI'ID.
The roads and drainage facilities within Sl'lD and BMWSD
would, to the extent not dedicited to Garfield County, become the
responsibilitY of CI'ID.
5
O
vrr. STANDARDS OF coNsTRUCTION/STAIEUENT oF
CO},IPATIEIILJTY/ENGiNEERING AND ARCHITECTUFGL SURVEY
A. Construction Standards . Sl'lD and BMWSD previously
constructea .tt of their .rrater, sanitation, recre-a-tion, road,
aiuit"g., and ="f"iy facilities in accordance with all applicable
;;;;;d"ntat standaids. AII repair and replacement by cI'lD wiII,
Iikewise, conform to such standards.
In the event that mosquito controlr televi.sion relay and
translation facilities, firer of transportation facilities are
pioria"a by CMD in the iuture, such facilities will conform to the
relevant standards of Garfield County, the Town of Parachute, the
Environmental Protection Agency, the Federal Communications
Commission, the Colorado Oepartments of Health, Agriculturer-
iigh*iy", and Natural Resourcds, applicable s-pecial districts and
srr6n other agencies as may impose Etandards for the facilities at
the time of rePair or rePlacement.
B. Compatibility. Based on an analysis o_f Jurisdictions
which are inffiestfiparties in the Service PIan .pro-ceedings
according to the Colorado statutes, which include Garfield County,
the Town of paiicnute, Battlement }Iesa lletropolitan District, Grand
Val]ey Fire DistricL, Parachute-Battlement Parks and Recreation
pistrict, Grand River Hospital District and Grand Valley Cemetery
piitri.t, tt. District hal determined that the standards by which
the facilities have been constructed and may be repaired or
replaced are compatible with the standards and facilities of such
other jurisdictions.
c. Engineering and Architectural survey. A1I of the
existingrffieenconstructed,fromanarchitecturaIstandpoint, to blend into the community and !h" unique natural
;;tai;g of'tn" Battlement Mesa Developnrent. Any future work on
these facilities will emphasize maintaining the architectural style
of the "o**rrtity and .iy, in the discretion of CMD's board, be
submitted to the relefant local homeowners' association for
archj-tectural recommendations prior to construction.
VII. ESTI}TATED COSTS OF FACILITIES
No additionat capital costs for new facilities are
anticipated.
IX. PROPOSED INTERGOVERNMENTAL AGREEMENT(s)
Intergovernmental agreements by CYDI i-f dDY, will
concentrate the refinement of existing SMD and BMWSD agreements,
and such refinements are not anticipated to create substantial
substantive changes to those agreements beyond substitution of CI'ID
in place of SI'ID and BMWSD.
A. Ivlanagement contracts . sMD and BMWSD have cOntractual
relations with Bl,I]lD. Ilhile-these contracts are fairly complex' +n
sunmary, BIII{D provides tn.nugl;"t t services to SIIID and BI'IWSD in
exchange for f;;;. ,No "ig"iii"ant_change _i.n the. performance of
these contracts will occur. Cf'fO wiII be-obligated to pglform aII
of the formerif ""p"=it" duties of SMD and SI'IWSD, and will receive
aIl of the tbrmerfy separate benef its f rom BI'1I'{D under these
contracts.
B. llater and wastewater Agree-men-ts. Both BMWSD and sllD have
entered into velopers of the proJect'
(the ,,Company', ) . The ,'F'acilities Purchase Agre-ement" and the
,,water and wastewater Lease Agreement " executed by each vtere
",r[""q,r"ntly i-silj"ea by the Company to the Battlement llesa
Metropolitan District ( "BMMD;j, -.if.itiiely converting the original
contracts into intergove.n errtal agreements. Under the Facilities
purchase Agreement, BMWSD and SlrtD hlve purchased internal water and
selrer lines and facilities in return for execution of a 52 '7
million note, and a s3.1g million note, respectively. uPol palrment
of the notes, the title to-ihe internal waier and lewer lines and
facilities passes to the respective Districts ' under the
Facilities Purchase Agreements, -ut'ttto has the riglt to connect to
the wate= urrd-""r"t ficilities. The characteristics of the notes
are discussed below in the iinancial PIan. Upqn consolidation' CI{D
would take tfre place of BMpSD and SMD. gl'u{D has represented that
it wi}l accept the assignment and subsequent replacement of BIVIWSD
and SIID bY CI'ID
ThewaterandWastewaterLeaseAgreementscontain
provisior," *n.r.uv-eHMo (formerly, the__company) Ieases both water
and sewer treatment "upu"ity t6'guwsp ana Sllp' The 1ease is
automatically ienerea oi .r, ittt.rul basis, but is -terminable upon
notice by giIWSo or SIID to BI'II'ID. Termination is not pro-bable
because the Districts would lose their water supply if !h'
agreements were terminated. under the agreements, the two
Districts are- not permitted to seII water or sewer taPs unless 1
tap is first acquired {rom BltlI'ID. In addition, capacity in, and
access to, th; internal lines and facilities are guaranteed to
BU}4D. services fees are to be charged by BMwsD and sl'lD at rates
that are uniform for appropriate classes-of users' In the event
that BUI,ID, i;-it" so16- ai-="retion, determines that the service
charges being assessed .i" discriminatory, - tl" .Iease may be
terminated. other events of default can result in termination as
weII. As was the case with the Facilities Purchase Agreemen!' gMP
would take tte flace of B1lwSD and Sl{D. BI'II'ID has rePresented that
it wiII ..."1i Lrre assigtrn.tt and subseguent replacement of BMSSD
and Sl,lD by CI'ID.
c.RecreationCenterAgreemgnts..sl'{Dcurrently?s:}?t"i1
the tinancin ntenance of the Battlement
llesa Recreation Center tnrough an intergovernmental agreement which
constitutes
assume the
a long term obligation of
f inancial resPonsibilities
SMD. CI'ID wilI automaticallY
of Sl'lD upon consolidation'
x.
As indicated in the original sMD and BMWSD Service Plans'
the proposed District intends t6 dedicate all facilities to the
appropriate iurGdi"tiorr" foi-operatS-on-s and maintenance, although
in the interim the faciliti"" shalI be owned, operated - and/o':
maintained by the District. Estimated costs for operation and
maintenance f unctions are not expec_ted to be signif icTlly
different than those reflected in tlie budgets f.or SI'ID and BIiIWSD,
combined. aaJiJi""urry, tt" -District will continue to impose the
SMD and BMwS; =v"il*'.if iup and/or user service surcharges in
connection with its provislon cit water, sewer, drainage- ?ttd
recreation services. rne riies, fees, tolIs, charges and p-enalties
may be amended from time to time. The estimated revenues from such
fees and charges are reflected in the Financial Plan'
XI. FINANCIAI, PLAN
A. CMD Functions. Generally, -a PloPosed s-ervice P1"1 for a
new speciaf aistft includes a aetliled ti-nancial plan showing how
the proposed facilities i"a/"t services are to be financed,
including the estimated.o"t= of acquiring Iand, engineering
services, legal services, ad,ministrative-services, initial proposed
indebtedness and estimateJ'li"p"""a maximum interest rates and
discounts, and other major "*fi""!"= related to the organization and
initial operation of itre District . CI'ID, however, will be a
combination J tro previousl-y-exittilg.disLricts which have fully
consrructed theii piopo""a lutfic faciiities. CllD wilI, therefore'
have two main functiolis: ( 1 ) operation, maintenance and
ad.ministratiori-irfri.n it"rra"" rieria"d repairs or replacements of
existing facilities)r ana 1i1-paymen-t-of i-ndebtedness, aII of which
has been previously incurr6d- by SMD and BMSSD' The financial
feasibility plan demonstrates [,tat, dt the projected level of
development, -tt,. piofosea pistrict has the abilitf !o finance both
of rhese t"""ii6n=, and wiII be capable of -discharging the
indebtedness on a reasonable basis '
B.PreliminaryBudget.Exhibi!.Pprovides!h"1990budget
for stlD. Exhibit E provides the 1990- budg-et for BI'IWSD' A
combination of these two exhibits is presented in Exhibit F as a
rough cut estimate of tf,"-["ag"t for. tup. Exhibit F simply adds
the figures from the other ir" budgets. It does not account for
inflation or economies of "caie that would result from
consolidation. For examPle, the administrative costs of elections
in two districts can ..u"onlbly be expected to be higher .9h3n. tlte
same costs -f or one ef "cii"ir in tfre consolidated district '
similarly, audit, Iegal, u..o,rtting and management costs may also
"nj"y . he.r"a"" as a result of consolidation'
BecausethepublicimprovementsinbothS}lDandBMWSDare
completed, operating costs sh|uld not unex-pect"9ly increase in
future years. The operatinf *i1r rewy t-o5 the- 'consolidateddistrict, as applied to the fggO budget, w6uld be as shown in Table
1. Some cost inflation, similar 1o that in the remainder of
Garfield County, wilI o""t'i, Eut i1-t'oi exp-ecte.d to result in
future mill lefies above the annual 105 ' 5t lim-itation of Title 29 '
c.R. s.
TABLE 1 OPERATING
DTILL LEVY (1990 Est')
c.DeveloperAdvances.Current}y,.BI{wsDhasapositivecashf}ow.SuD,o,,ffi,bL"u,,"e6irecreationcenterCosts,currently cannot pay its_operating exPenses from current revenues'
To make up ttr"- Sn"rtfalll from -gime to time the Developer has
advanced f unds . In exchange
-i"i ttr.se f unds, SI'ID has entered into
a reimbursement agreeme-nt wherein sMD has ag-reed. to rePay the
developer f or. the advances, "ritn -interest, ii and when st'ID has
funds available to pay. additional developer advances' execution
and use of reimbursement agieements ' and payment the:--:'of may occur
af ter consolidation. At such time as' it'tO can f uIIy pay its
operating costs, advances i"a reimbursement agreements will no
longer be necessary.
D.CapitalProjects.BothBt,lwSDandSlr[Dhavebuiltallof
the public improvemenrs con;;;i.Ga in their original service
plans. No significant replac6mentsr.repairs, or upgrades are
EiiXli"o.""rnl;6fore, there'rirr be no
.signiticant capital projects
undertaken by CI,ID without notice puisuant to Section 32-L-
ioris)(u), c.n.s. or a service plan amendment'
E. Debt Service. CI,ID is not expected to issue any bonded
indebtedness over that pt.riorr=iy issued Uy SMD and BI'IWSD' Cl{D may
i;;;; refunding bonds ir and as needed'
1. Ilill LeYies '
Itisanticipatedthatt.hedebtservicecostsforthe
existing bond and contr..trir debt of sI,!D and BDlllsD will be paid by
a single mi}l lewy u"""="Ed throughout cI'[D. rn other words, if
Tax Revenue
from OltLOperatingUiII I€rrYAssessed
Value
28,95211.1572,592,59O
4L, L284 ,285 ,67 o
59,08010.0436,878r250
n o
approved by the electors at the consolidation election, Iiability
for pa)rment of aII bonded and contractual indebtedness of SMD'
Bt{wsD and c}ID will be spread throughout the entire c}tD area ' The
effects of tnis--pread is uppiiEa-[,o the 1990 budget are shown in
Tab1e 2.
TABLE 2
DEBT SERVICB I'TILI LEVT (1990 ESt.)
The recreation center accounts for much of the slrtD debt
service. It benef its the entire conmunity and the "-o."I= should be
p.ia-Uy "= large a segment of the community as possible'
Theconso}idationelectionwillincludeSeparate
question= "or,."trrit gt- (a)- whether the districts should consolidate;
and (b) wtrettrei-itre Loti",jridated district should be a "metropolitan
district,, as aefinea by law; -u"o (c) whether the debt liabilities
should be spread throughoit-it" bntire area of the combined
districts. r;ih; event [trai the conso]idation questi-on fails, the
result of tn. a"tu spreading question will be irrelevant the
districts wiII not consofiait-e ind the existing debt situation wilI
not change. If both the consolidation question passe-s. and the debt
spreading question Passesr-the distric['s wiII cbnsolidate and the
debt wil1 U" "pi"la.--fi11"ity, if -the consolidation question Passes
and rhe debt spreading -i,l""ti".t
- f uit", t!" -districts will
consolidate but the separate'debts of each of the former districts
will remain the obligu€ion= of the respective former service areas'
resulting in two de6t service mill Idvies within the consolidated
district.
At the time of the hearing on this service PIan, SlrlD and
BMIISD will t"""-.L*ff"t"d an excluslon and inclusion of Pro!-erty'.
some of the developer's proPerty -was excluded from BMWSD and
simulran"or"ry i"Lr"iea info srap. - The purpose for this change was
to spread tnt lUfigation -1"t the iniebiedness related to the
"p"r-Jt-io" and maintenance expenses of the recreation center over as
much property as practical iir order to more fairly assess the costs
of the recreation center, ""4 t" keep t-he ave-rage miII lgoy in the
entire area at as low a fe"Ef as poss1bl". If the consolidation or
combined mitl G;t-questioni faii at the election, this mill levy
10
Tax Revenue
from DSDIL
Debt Senrice
9,9372,592,590
39,1414,285,670
49,0786,878,260
r]L _,i
component will remain spread over the new SI'{D area, while if the
consolidation and combined- I;-y q""q1':""s Pas.s- - th" recreation
cenrer .o*porr"rrt of the debt "".ii.3 miII levy wiII be spread over
the Iarger ctnsofidated "i"u.- Should the combined milI lewy
question fail, cl,ro and "ry;-rirr adjus.t their fee assessments to
account for those users of lfre recreitiott center which are taxed'
and nog taxed, for the purpo""-"i aefraylng the center's operations
costs. In any case, CMD *rill -"=. a Uitaicea combination of fees
and mill leviet in order t" -tui.ry distribute the cost of operating
and maintaining the recreation center'
CMD,s}ongtermgoalwill.betocharge-membershipand
user fees tor ifre retreatioi center that will -pa-y aII debt service
and operating costs, thus "-ii*i"uting the need- for a miII lewy for
these PurPoses.
2.ExistingNotes.Asdiscussedabove,sI,lDandBM}ISD
are obligated to pay notes issued to and held by Battlement Mesa
Partners ( *BI'IP" ) ' These ;";; provide that the districts are
obligated to pay onlv if and in the event that the districts have
funds available to pay. rrrq aetermination is made on a annual
basis, through the application of a complicated formula' If no
funds are available for tniJ-p".po"", th;; first the interest' and
secondly tt"'iii";ip;I; is foigi-ven.- No default under these notes
is possible. Upon consolidation these notes wiII be assumed by
CUD, which will fake over all of the remaining obligations formerly
n"ta bY SIID and BMWSD thereunder'
3. New C}lD Notes. As discussed above, the recreation
centerdoes,,offi"rratitscurrentIeveIofprogramadministration. ttre developei..y the.refore advance funds to CMD
in exchange f or CMD' s "oi5l= I & other documentation of Cl'lD's
promise to fepal those aaiahces. Unless authorized by the
electorate of cMD, those rrot"" wiII not be gen-eral obligation
indebtedness; ";d must therefore be payable from future revenues'
as the same maY become available'
II. CONCI,USION
ItissubmittedthatthisServicePlanfortheproposed
consolidated I'letropolitan District meets the requirements of the
Special Oistrict Cdnsolidation Statutes and the Control Act' It is
further submitted that:
(a)Thereissufficientexistingandprojectedneedfor
continued orl""i'rE^J JJt"il. in the entire area io be serviced by
the proPosed District;
(b)Theexistingservic.e.intheentireareatobeserved
by the propoled District *i=t continue to be adequate for present
and projected needs;
11
o nL-/
(c) The proposed District is capable. of providing
economica] and sufficient service to the area within its proposed
boundaries;
(d)Theareatobeincludedinthepropo.sedDistrict
does have, and will have, the financial ability to discharge the
indebtedness on a reasonable basis;
(e)Adequateserviceisnot,andwillnotbe,available
to the area throug'h the countyr or other existing- municiPql or
tr.= i-*onic ipif cor-por-ations, iic luding existing special districts'
within a reasonabte- time and on a comParable basis;
(f) The facility and service standards of the qroposed
District "r. .o*f.tiUfe wiftr the facility and service standards of
Garfield Co,rnty'-*itni" which the distiict is located and each
,n.rrri.ip.lity ,irictr is an interested Party under Section 32-L-
204(1), Colorado Revised Statutesi
(g)Theproposalisinsubstantialcompliancewithany
master plan adopted p,.,.=,r.rri io Section 30-28-105, Colorado Revised
Statutes i
(h)Theproposalisincompliancewithanydulyadopted
county, r"jidnui, oi st'ate long-range -water quality management plan
for the areai
(i)ThecreationoftheproposedDistrictwittbeinthe
best interests of the area proposed to be served; and
( j ) consolidation of sl,lD and BMwsD is consistent with
the intent and prrtfo".= of the Special District Act and the Service
P1ans of those Districts.
L2
I
I u
Consolidation
EXHIBIT A
Resolutions of SHD and BI.1},TSD
n\--llI
RESOLUT]ON OF THE
SADDLEBACK I,TETROPOLITAN DISTRICT
( coNsol,rDATroN )
WHEREAS,theSadd}ebackl{etropolitanDistrict,-Garfield
County, Colorado, is . q.ru"i-mrni"ipal corporation un9 political
subdivision of the state of cororad-o organized and existing under
iection 32-1-101, et seQ' r C'R'S';
WHEREAS, the District is empowered, pursuant to Section 32-
1-601, et seq. -ii.n.s', to initiate pto"""hittg= f95 the
consolidation-oi it" ii=trict with one or moie other special
districts; and
WHEREAS, the Battlement }lesa water and sanitation District'
Garfie}dCounty,Colorado,iscontiguoustotheDistrictand
shares many oi'i.t. i.*" inteiests a6 the District; and
*HEREAS, Section 32-L-602(2) (a),.C.R.S., authorizes the
board of the district to pu""-i-6Jnioriaition resolution for the
purpose of irri[i.ting_rhe consolidation of two or more special
districts into a singre ""a-""n"otiaut"o district, in the form
stated herein.
Now,THEREFoRE,beitresolvedbytheBoardofDirectorsof
the saddleback Metropolitan-oistrictr- caifield County, colorado'
as follows:
1. The Board has found and does hereby find_and declare
that the Saddleback ttetropoiitu1 District and the Battlement llesa
Water and Sanitation oi"tti.[-iit so situated that both districts
may oper.t" *ot. effectiveiy and-""o"o*i"it"-1:-1^:?""olidated
district and that the publit health, safetyr- prosPerity and
oeneral welfare of the inniUiiants of SaOai6Ulck I'letropolitan
B;I;;;.";iii be befter ""i""a by rhe consoridation of such
districts.
2.Theproposednameoftheproposedconsolidateddistrict
is the "Consolidaled lletropolitan District"
3. The special districts to be included within the
proposed Consolidared ra"rrlp"ii.if.pi"tti"t are the Saddleback
I,letropolitan pi=iii"t and-the Battlement Mesa water and
Sanitation Di;[;i"t. lff oi-tne services of each district shalI
U"- "orr"olidated into the single district'
4.Theboardoftheconsolidateddistrictwilthavefive
directors. The consolidaied district wilI not be divided into
director districts '
district is located within three miles of the Town
therefore, approval of a consolidated service plan
r-n"-.""""iiOiii"n of the districts shall be
5. The
of Parachute,
is required.
o
contingentupontheapprovaloftheProPosedservicePlanfortheconsolidared trletropolit?l pi=iii"t uy trre Board of county
Commissioners of Garfield County'
S.TheBattlementMesawaterandSanitation.Districtshall
have until s"pi!*ul;-lit; iggo ro approve the consolidation
resolution in order to be i""f"J.a'iitnin the proposed
E""""iiaated lrletropolitan District'
RESOLVED this a1{- ".f
, 1990 by the
, as theDistrict,;;;; oTTE-siai r"uuil nttt"Par itan
ai"iii"t initiating the consolidation'
Attest:
PresidentSecretarY
I )
I
aI )r_.lL-/
RESOLUTION OF THE
BOARD OF DIRECTORS
OF THE
BATTI,EI,TENTT,IESAWATERANDSANITATIoNDISTRICT
WHEREAS,theBattlementMesaWaterandSanitationDistrict,
Garfield Countv, Colorado,'i=--i-luasi-municipal corporation and
ooriticar "ruiri.liI;;;^;;-inE sta€e or corora-ilo operltins pursuanr
il';;;;1"-iz-1-101, et s€Q', c'R's'; and
WHEREAS, the District has received a consolidation
resolution trom--ine Board of Directors of the saddleback
trletropolitan pi"tti.t, ds [t"-initiating district' which proPoses
rhe consolidation of the S;adleback uetiopolitan Oi11litt and the
Bartlemerrt n""i-Water ""a ii"ii.ii"" oistiict pursuant to the
;;;;i;l;"" "t-s""iiott 32-1-601' et seQ' r c'R's'
Now,THEREFoRE,theBoardofDirectorsoftheBattlement
Mesa water and sanitation ii=t.i"t, carfierd county, cororado'
hereby resolves as follows:
1. Pursuant to Section 32-L-502(2)(b)' C'R'S" the Board
concurs in the consolidation'
2.TheBoardherebydirectstheSecretaryo.ftheDistrict
to send a copy of this n"=of,r[ion to the Saddletack Metropolitan
District, the special ai=tli"t-ititi"ting the consolidation'
3 . Pursuant to Section 32-L-602 (2-l ( "J ' 9 'l: P:: the Board
finds that such consolidation of the SidaieLack Metropolitan
District and-the Battlement tlesa water and sanitation Dist'rict
wiII promote the public ntifin' safetyl-ni"intt:tll-?nd general
welfare of the inhabitarrt"-riti.in the gaitteinent l'tesa Water and
Sanitation District'
RESOLvED this daY- of
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Board of Directors 6ETtre Battlement llesa
, 1990 bY the
ffir ail Sanitation
pi"l.i.i "" the concurring district'
Attest:
FresidentSecretarY
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Leqal DescriPtion
lc5nsisting of the
EXHIBIT B
of the Proposed Consolidated District-i";;i aeslriptions of SlrlD and BI'lwSD)
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LEGAL DESCRTPTICDi
TTIE CEDISOIJDNM IVIETROPOL]TAN DISTRTSI
lA11 of the saddleback Hffi?ittfllBistrict, to wit: ]
(e dlftcatlon of hrccI 1-3)
I oerel sf lmlt lestd tn th rprt}lest quarter of Sc<tio t9, ltbrr*dp 7
iifi;-R"nge 95 Eat of t}ra Birttr Prirctpel tbrldian atd tlE rprtleast guartcr
;i-C.ti;;-21, djslrip z s",rUr, Range 9-e negt, of tlp sirt} Princtpal lDr-liliut,
;iIT c"rfi;id tuW, 65lordo, uelrg rDre pirtlcrrlarly descrlbed as fol-[*s:
comrclng, "s "-poGi'of referene, et qg nbrtlreast coircr of said! scctlm 2tl,
il,r;.-# tJE eist $ertcr @rncr-of raid! Sectlon 2{ bears s01'05'12'tl a
ei;-; oi Zesf.gt f&t, viti rll beartngs orrtrlnd terein reld'ive tltercto;
T-.ritt -srtairiri; Fiitrrq !b.1, r plqq_tgcorrlcd tn ttre Garfield comly.elt-t1
ind rdhr'e trii; (neciprion-to.it6729) erd ?anrari* sr$divieion Filirg to=
t;jF;-;.-J;-G ij- d;fieldl canrq 9qt md Recprder't office (Reeptflon
6.iziZgz), BU point blrg t}re blnt d E,cgir-frgi. .il;;-"Iq4-""ta-bol-dily 6f zt-"risk erbdivision-Pilt E ls. 2 th folloing
tJrrec (3) cotrrs€ ard dlsterr:e:
t)N1O'43'|{'E a distane of 3700.35 fcat;
2)N5{'38',41'E a dlEtena of 308.20 fcet;
31s22'21'48'B a distane of 1m3.75 fcet;
tDterce s59'20'12't{ a dtistare of 369.{8 fcct;
tr",: igg.OO feet afrg tlre erc of a curve to the right, h?,itr a rdi'! of
ilO.OO fect, " r.r,tr"f irgf. of 29'06'{3', ard a ctprd bearrrg 516'06'30'E a
iirt** of-r3s.id]..te 6. Foint ar tlrc corrmon botndary 9{.+id rarnarisk
erfairiii* fUiie ro.-f ; P.ra.I 'Br, ard raid_Tarsrisk Subdivision PiIi4 tb.2.
tg!,o alorg aaid-bq.nrdary the folluirg bp (2) cotrrses anl distrrEes:
1)N88'5{rl8'I{ a dtlstarE of 589.61 fcet;
2)SO1'05't2nt a distance of 1558.30 fcet;
Itrere s88'5{'{8'B a distare of 590.00 fcct;
!trrenca SOt'05'12'If a dist ne of 119.66 fcet,;
li";; iO.gi-feet. alorE tlp ere of a srrrrre to tlE left, hwirg a rditrs of
iBO.OO f*t... *rrtr"f--gl. of 16'11t32', rld a drorit barrng 507'00'3{'E a
dtctarr of 50.?0 fect,;
Itrrere Sl5'O5r2O'E a dist^me of t0.05 fcct,i r
lrere 29.75 feet alorg tlp arc of a eunre to t}r! rlght, h1vir2. a radirrs of
20.m feet, " ent "f irgf. of E5'l3rtt'1 Dd. a chord bcarirE S27'30r17'Il a
ltirtare of 2|.OBI4I1, to e plnt oo tle rortlrcrly ri$rtrf<sy of State Osrry
bd, Parcel 'A' cf, aaid fanari* S$Clivlcion Fili!?.lb' t;,Ee; alorg eeirf itgfrt+f<zy tlp follrying tst (10) courses ard diEtarnes:
t)36:ro ici-iiag u,c'arc of a c!.rrrrt tD thc left, havirg a rdius of
58O.OO fect,, e 6cttrat erglc of 03'33'57', ard a clDrd bearirg
868'19t5{'Il e dllcrrc'c of 35.09 fet;
2!565'32'55'tf a dtlEtane of 207.53 fcct;
t)gB.6O feet, alag tJrc rrc of a qrrvc to t}rc rigtrt, lorlng a rrdius of
a2O.O0 fet, e 6rrtrat erglc of 13'27'05', ard a clDrd bcarirg
t73'l5r2B'll e dieLrr of 98.38 f*tt;
l)s80'm'00'L e dlstare of 271.11 fcet;
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(e rcdtlti;E; of Prrel t-3)
t)?5.?e^19* "Io'a t}rc Jrc of I ctrrv: I?q 1|fl:'"H1r1:tl;]lus
of
'l{o.oo fL;il-t'"I rrolc of 10'00'00
S85'OO' 061;'t dist'tr of -?6'?0 e*i
;l*i;F;Ir"i#tr'r'?':'lliili:* rcr,, r""i* e rdius or
500.s feet, a-csrt'ral Gi"-i-;i;5'io1;' r'a i *'or0 tparirE
885' 32' ;1;'" ditttre st' 77'7 I -r:t't i
;nlj:lt;#i"9ffi'"!'l';lffi** rleht' trar-ip a'rdir:s or --' r16.m illfl L";" #H:*1}!2-'-rtd-a
dprd bEaiie
,0,$3183:13{ : ilff,h io:a i"q. p,i#t.i,?i,ff33- *
urdari'oE *"'-f*tisk 9+divlclon F
#rr*tg,tt' @urses ard d=r'r=s:
iiili's{'i8rl - dtlst'nct of 60'00 fcc't;
ii;oi'oa'i''i i aitttte or lm'00 fcct;
iiHd'5{'6"r; distare of 52{'31 fcrt;
ii:ii.tl'i:l:'*rcJI |?';fl-Hhttc rert' ro"iry a rdirrs or
52o.oo iett' a entrar";f,ft-iito:t6g;'-ard a clrord ucaring
- E5t'rg'i6T'a dtietarrc of 31r'Q! !cei;
lliii:li:li* i llre l[ lil:ii Is'', $E Foi't or Beein',r6.
cott Jrriffi-iol.2g tsres Dre or less'
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A parcal Of lard locatcd in tjttc put}east qurter of sedion ?' Ild the
rprt'east quert€r ir s""t.i* ta,iii irru#,snip ? sotn, RarEe 95 ttst of the
Eix,' prt cipar rei-iaG,-cartiira co*rr; coroiaao, oorl parlie.rrarry described
es follm:ffiffi, "' " Foint of referenc", *-9: 311f:: 3:::'i1.fi1:rffiion 7'ffiH &'.[i'ffi;i FT;::l_-i:
=:?:_] =::?"T:;::;
::'',;:l$trE ffi ,lfi ' t;; ;'f *i . *{ i's:-*f i'f . 5'::".S'::} " t}re r".o ;
il:H'T"itriY6ot-"-;i;i;; ot trga.zt ieet to a point on the east
r c--t-.-.- s-^^t rlr af {Lmrrie,kffir*Ei'i'i?:":.i il=*f i;;;i":i::liii n*:I:t".iim1J';Hi::;i?ll*ilT{,' Iii ui -E : il Te gii.':[,* :t' -:' l:L* m'**:,f i :::[i3&H'll . : rtii:i ] :e". fr :;*::i r -31* ff :^] ['H,l'=* , HI i3i ""':-ffi l L-E"a : i;'# ^ ry f !t:.gi[Aj'H ^1|;i'
u"' s or r ice ( Recepc ion
Lf iit'rzi,-*ia-p.ir',t bir€ tt'e poin'- of B+L'r"rirg;
-r ^-- -r-^-r.I.]i-^, ^f
-*idl Brrrnirp Rodt S'fidiviHJ' XIU ;il"0fi#;^I;f;i; ;Gi"e-R"c[ sr:uaivision the ro]]o*irs rour
({) cour-s and dis'-ances:'-' --lriiltoo'oo'E a itistme of 185'?1 fcet;
iiioo'oo'oo'w a dtistarrce of 310'00 feet;
iilsi'ig'30*l a distanc" o! 111 '?2 t-*'ii:il.fi:;;{ ; ;FEr F iii:;? :+.- : rttt,r*,:*'}IilHil".i ;tii;;;"* viii;: *f=:, 1- ?,Pi1 I3"Ii*.il.HiEI?I; e#;^4.;k';;d'il;L;'; ofrice tnlception lro. 32231 0 ) ;
rr: t t -- ^ o* i ^h , +lE fa] 'l t'r.li
The'c.e "tffit[i"#H.1"'li'Lh *it.*, cr."x vliiq" s..rlon 2 the forro'ring
ttp (2) ourses ard disLarces:'-'11g57'ri'oB'w a distance of 211'{0 feet;
2)N89'35'21'li a distarre oi lgn.?2 feet to the easterly rightrcf+ay
of said t€st Battlstent ParlcwaY;
o.rerre ator€ said right-of+ay t,;-i;iiftrg four ({) courses and distances:
1)Nii '!grggrg-a distance of 5{1'57 feet;
21725.{0fe€t,aIor€trearcof""o.,etot}reright,havirgardiusof
950.oo feet, a ceraral *ig-;t-{3-'{:'00"' md a chord bearing
Gitzz'io"E'a distanc'e of ?07'91 fcet; I
3)ffi;'ia'oo'E a diEt^ance of 3{0'50 feet;
l|42g.8{feetalor€tr,."'"of"'o',e.!gtJreleft,havirgaracir:sof
550.00 feet, a central -;i; of le'fe'l'"' ard a chord bearim
t{52'51,3g"8 a dist-arrce ot'ii8.99 feet to t}re Foint of Beginnirq'
Containirg 21.12 acres lore or lcss'
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EPECIAL DIS'IRIET AREA 3-3
S ne n'i69e Vill4e Saction I
I peret d lard leatd tn the rprt}upst quartar of sec+ion l?, tj,te rprtlreas:
LffiFoas".rtoilg; tj"- *.ru.,;;t guar*l of section ?, ard tle sorrtiups'-
ffiJ; ;i ;;i* 8, elr reateaE f''"t'ip ? south' RaDge 95 l{est of tre*ii-irilGJ-fi.riii*l c-iiJa C"-ii, ci,rordo, beirs-nore partieurarrv
6e*rlbed as fo11*:
Correrrirrg, es a point of refererre, e! q.n9'u,qra{!c.r corng-I of saiil Section
lZ, frcm .1rerre tiri norgr*tt *it*i oi saia Sectijn 1? bars N88'{4'21'l{ a -'
diEtanee of 25{{.Crg i;e, "iu, "ii-L"rrrgr o'taircd herein relative t}ereto;
Ihene NgZ.{{'Zdtr-.-ai#.,r* oitSgO.tf ieet to a point on t}c sor'rtheasterly
boyrdary of t;re Frcpp3€d SLone Uigl-Viilae Seclioi nro' eaict point beirg tne
hint of Beghnirg;
!trre'c.,e alag *iC-L-aary the folluilrE q- (2) o'rses ard distanecs:
rtsri'sz'30'w a dltstanca of 35'90 feet;
2)S29'lO,l5.E a distrrre of 95.00 fe€t' to a point cr the esterly
-' iiett-f+y of proposed Spercer.Parktalt;
E:encc alorg said right-of*y tl'r"-6ii;ite tiui (5) courses ard distanc'es:
1)33{.1? feet alorE t}re-arc of a crrn'e to the left, havirg a radius of
650.00 i;;,;-;niral ""9i; ot-ig_'21,21" E'td a chord bearing
iir-zs'25'1{ a distarce of 330'50 feet;
z)sor'17'16'E a distanee of 52{'?8 feet;
- 3)50.22 feet alor€ t}e arc of a qrrvq to the right, havirE a radirrs of
25O.OO ;;t;;'Ht.I-"rEi. g! 11'30'32" md a chord bearure
ioitzzrSE'w a diEtance of 50'13 fect';
rtsir'l1'l{'t{ a dis;tance of 37'22 feet;
5)SO9.O6'26.W a distrre of 100.00 feet to ? pint o1 tle rortlerly
bourdaryoft}reFcPog€dt{i}lotlCreekVill4eSect'ion.tl.
lAera alorE saia boundary tnc follo*irg- -five (5). courses ard distarces:
rfrrii'il'59'w e dti-stancc of 399'6{ fcct';
iiirlo'lg'05'w a distarrce of tol'12 feet;
lilii'ie'la'tt a distarce of 7l'67 feet';
riiir'rzrl2'II a distare of ?t2'59 feet;
5)S7t.22,3{.tf a dist^ane ir zn 23 feet to a pint sr t}re rortherly
bourdary of tfillo CrJ-Viii;i *ion tb. 2, a p!-at rec'orded iJl the
carrijl A;., aeii-fu nr."ia.t'r offiee (neoestion tlo. 322310);
Sre'ce atcrg said bourdary tle ioUo*irg--fg* ({) courses ard distane''es:
rfief is'o7'll e diitrrce of 108'66 fcct;
iirrsg'os'59'tl a distara of ll5'{3 fect;
iiigt'tlrll'tf e distarne of 580'86 fccrt'i
t)teg,l?'15,1t e dtisrrre; iio.zz rcet to a point q 9E clstlrly
bondary of Brrnlrg R;*-grbdl.rision, i pI* t:Pool*, in thc crrfield
o,rnry-hirk ard necoiair'a offiec (reccption No. 3?l12?);
lBree atorg "kfil-d.ty tf," foffc*rlng-ttP (2) ourses anC dist$es:
I)$i'lii3s'e e dtiitare of 335'15 feet;
2)N65'OO'15'E e dist^ane oi SZZ.OO fe€'t' to a point on tlE aor'ltlerly
bourdaryoft}cpropoeadstorreRidgeVillqeScction2;I
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PARCET }3
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trerrceelaEgeidbcl)rd?rythcfollodrrgnine(9)oursesrrddigtrnes:-'E'F rrJii'iriig;e a dtiitare of 180'81 fcet;
;i;ii'li'ii'E i ai"tl,ce or 36{'e7 feet;
iiiui'os'l{'s a diatrncc of 385'81 feet;
i;;i5o'ii'io's a distrnce of ?8'10 feet;
iilg2'iz'io'e a distance of 161'2{ fcct;-6i;ra'11'la'p
" distarec of 69'78 fcct;
iisil'iz'06'E a dist'ane of 55'36 feet;
iixie'16'i6'E a distance of Ior['t8 feet;
g)s{g.{g,r9.i a disLare oi zs.il fecrt to the Point of Beginnirg'
containft 39.15 Eres ncre or lcss'
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SPECIAL DISIRICT AREA 3-IO
lfillo Creek ViII4e Saction
t oarel d hrd 1eated in the rDrtlrnest q:arter of Section 17, ltcrrrship 7
tffi:j^["-iirr=t ;a-tj,. s irrcili*!;lo"t- tbr idi an, Garf i eId comtv, color ai o'
f, i[' *te-partictrl?tly 9"*ribed as folles :
ccnrercirB, as a point of refereDoe, "t tr,"-rprti qrrart-er @rner of said sedion
17, fron rhence tire rprtlnesrt, cpinii or ".ia section l? bears N88'{4'21"1{ a
dista'ce of 26{{.0g feet,, yith ert bearirgs contained herein relative t}rereto;
illi*-is;;{0;ii:;-"-aiJ*ce of r95{.er ieer to a point on the resLerrv
iieh,t-of.-y of proposed Spercel pfttlqi
ilA;-"lo6 s"i5';'i;hi:oiloy s09'06'2s'w a distance of 300'88 feet;
srenc= Zl.Ag feet alorg tfe arc-oi . "o*" to tlre right, havirg.a radius of
2O.OO feet,, " "-,t."i';tE1. of Zi;fi'18', 6,,td a chord bearirry 547'5{'35'}l a
dist.arre of 25.06 feet to a poilt on the-rort}erly right-of*y of t}e proposed
East Battl.ement Par)<taY;
ltrerce alorg r.ii-rigf,t-oftay tne follodrg four ({) courses and distances:- tJsg6'r2'{4'li a dlistara of 103.83 feet';
21264.69 feet alag tlre arc of a crrrve to tlre rightr-h"Yttg a.rdius of
522.95;;,i-&,tt"f "tef" of 29'00'00", ard a clDrd bearirg
ll'18'47' l6'W a distarce of 261.88 feet';
3)N6{'17'16',1'l a distarrce of 231.82 feet;
{)132.g2 feet alorg t}re arc of a curve to t}re left, having a raiius of
622.96;;,i-"i,tr"r "rer. of 12'12'59" anc a ctolf bearir€
N7o'23'{5'W a dtistane of-132.51 feet Co i poitt on t}re eas+-erly
U"ona",J-oi i Sp."i.f -w"rr*;i.*F to lbr,tain SLates Telephone a'C
rblegri*'r-i"*tb"o it trre car?ie1d County C1erk rrd Recorder's off ice
tnecePtion lib. 316688) ;
Itrenc.e alorB *f;-t"r"dary the iollo^'irry qP (2) courses and distances:
tlxoi'05'52'E a distane of' 220.11 feet;
2)NB8'5{,08"}r a distarree of 208.75 fe€t, 10 a Po}nt m-the easterly
bourdary of t{ilre c"*x-vii!"g; t"*ion tb. 2, a prat recorded in
tlre Carfield Cor't, .'eif "na
i""orderis Office (nlception llo'322310);
lttence alorB ""ii'iiinilil-iroros'528 a dista'ce of'159.02 feet to a poirt on
the souther}y bo:ndary of tl. p'.p"'"{ stT" tde" Village se*'ion one;
6.rerrce alorE ""iJu"ohaary
t11e-roiro*irg-five (5) c'ourses ard distances:
rtlng'zz'34'E a dist.arrce of 2{3'23 feet;
zisga'lz | 12'E a distance of' 232'59 feet;
iixaz'18'I{'E a di*'ance of 11'67 feet;
fiiro'rg'05'E a distarce of 101'12 feet;
5)S69'1{',59'Eadis;eanc'eof399.65fe€t'tot}'ePointofBeginning'
Cdrtalnir€ ?.90 rcres luore or less'
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SFECIAL DISIRICI TREA }1
Jrk's Bocket Vl114e
A parel of lard locatrd tn thc rprth'pst Pertfr of Sect'ion t?' l\rfiship 7
Eofo,', Berse gs dil* o,. *r'i|;i!;ip'i rciiai*, Garficld comtv, colorado'
EG.--' t-i.-lrrtlanl ?tly 9* :oo as follns :
CdmErE1rE, !s r point of rcfererice, iq a*-E"t quart€r @rner of said Seciion
lZ, fron t*renca tii rprthest co#l oi ""ia Sect'ion 1? bears N01'05'52"E a
distrre of 263g.66 feet,, 'itr' "ri bearirgs containd herein rclative tlpreto;
Erere NO{'56'tzli-"-Ii;i;. of 597.2s t-*,t to a-Poin! o.r t}re easterly
rtght+f+y lfre-oi stonc q+t"y- n"F; -?T?"-'A'- of Tarrarisk Srrbdivision
rilirg tb.t, " frqf-t.""ial itt^'tr,. c"ifi.ra @r^rrty cl"Ik ard.Recorder's office
lgre;ce alcng seid right-of+ay XOi'OS'1|'B a distarre of 587'31 fcet;
trrere 31.{z reet' "r6re trc-arc of i.ur.'e to t}e right t'ryiE.a rdir:s of 20'00
c,*t, a entrar:;1;:f"r;'il.0i91;,-",rd ;etlq bearing N{5'05'32"8 a distanc'e
of 2a.28 fe€rt. t -Ji"GI ; tl,.'""*r,.irv right-of+arr of tle proposed East
Battlacrtt ParlceY;
ltrence alorg sai6-right-of+ay the follouing flve (5) @urses ard distances:
rtiC6'sl'08'E-a dtistanc'e of 80'00 feet;
2|22l,65feetalorgtrearcofaqrrvetotheright,.havirgardir:sof
SZZ.9G fe€t,, a central "rE[ of-il'l6'52', ard-a clprd bearirg
iig;lstl}'E a distarce of' 222'9{ fcet';
rtlei'i?'t6'e a distarre of 231'82 feet;
l)315.3t feet alorg t;e arc oi. e,r*e to the left' 6!\'it' a rdir:s of
622.95 fe€t,, e central """I; or-zg'oo'00" ard a clprd barirg
iigt r'r' 16'E a distance of 31 1 ' 95 feet ;
5)r{85.{2,ii,; i aist no ii izo.03 feet to a point on t}c ester}y
boundarv of Jack'" Pod;i viiil"-PifG *l !l t et* recorded in the
c"rrieil ;ilffi ct:; ""d necordcr's-o[f ice (Reception tlo'3{1063);
lltrenca etmg said borr|d{y t}tl rorrodirn tlP (2} ourses and tlistanc'es:
"'e'E iisdi'it;i6'g a dtiitance of 120'00 fcct;
iiiii'rs'26'E a dlistanc'e of tl3'71 fccti r
rhence ios'il'55't{ a distars= of 100'15 fect;
l&rene l?.,.70 feet, alorg t1" "{; of a eurve to the right' }uvirg a rdir:s of
25O.OO fcet, a ce,tral argle ot-fi;Zi'Oi', "tn a clpril bearirg 525'34'28"t{ a
diet.ance of 158.35 fect';ilIilGri:tsioi'w i distare of 181'82 fcet;
Srere 119.28 fect alorg tft.t; of a qrrve to tlre left' travirg a radirrs of
3?5.00 f*1, a central argle of-t;;rf ii;' rrd a ctprd bearing s36'08t1'f'll t
dlstare of 118.78 feet';
,ltrrere B2?'01,32'l{ a distane cf, to8.97 f,€t;i {8'92 feet' alorg thc arc of a
ffi #.Bl:;#Cl';"[lti=."i:;H":1i#*,q?s;r:??:r'I:l':.,"
rort;crty bourdary of Jack'r B.;t; n1i4" FiIirE-p'-l; " Rl"t ricordd in t!
Garftcldt CountiE.iX "rA n -fr"t;.-Oeii6" (necertion lrlo' 3{105{);
,ltrrere ator' "IiiiiiriiryT;';;i1*i,E-;f
(2) Lourses ard disttrccs:
tli;6'lai591r a dli-3t$tcc of l3l'17 fcct;
r
2)Sot'll,Ol'W e Aista* ii f iO.OO fect' to a Eoint ..,r tlre nortierly
rrgnt-oidfoi-u'tcniilrtgCountvRoad302;
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Ptrge &n
Parce1 5-1
.|herce 9oqg^*i9-IiSf,t-f*y tlre folloirE trc (2) ourses and distancrs:t)N88'18'59Tf a dtistare of t3:.92 fiet;2)N88'45'0{'w a distans'e of.274.?t fit'to a point on t}re easterlybourdary o_f Eattl'errent.Cenetery, a plat rec6rded in t}le Garfield Clerkend Recorder's Office (Rece6ion tb: 369{53),ltpre *ery€-?1{_Forrgv t}lc folrouirg trc (2) courses ard disr^anoes:t)N{7'5G,00.w a dist.rrc.e of 3?1.5S f*i;'2)N59'05'22-rr- a distance of 15{.60 i;a to a pint on t}re easterryright-ofvay of sajd Stone euarry Road;
9:* $otg said right+frray NOl'05'.52'i a distance of til.20 feet to thehint of bginning.
Contrinitrg 31.68 acres rore or less,
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Tanarisk East.
(a nrcdif ication of Parcel 1-1 )
A parcel of lard located in the north half of Section 19, Totnship 7 South,
narge 95 West of the Si)th Principal trbridian, Garfield County, Colordo, beirrq
more particularly described as follq*s:
Connrencirg, as a point of referenoe, at tJre nortlnest orner of said Section 19,
frcrn ufrence t.tre test qr:arter @rner of said Section 19 bears 501'05'12T{ a
distance of 2551.61 feet, wit]r all bearings contained herein relative tlereto;
ltrene t{75'44'43"8 a distance of 879.74 feet to a point on the easterly bourrtary
of Taunarisk S,rbdivision Filirg t{o. 2, a plat reorded in ttre Garfield County
Clerk ard Recorder's Office (Recept,ion tilr. 323297), said point beirg the hint
of Beginning;
ltrene alorg said boundary the following trD (2) cqrrses and distances:
11s22'24r48"8 a distane of 106.47 feet;
2)562'00'00"8 a distarrce of 506.40 feet,;
!&rence s65'30'00"E a distance of 1159.56 feet;
fhence N73"10'24"8 a distance of 395.19 feet,;
Itrrence s50'00'00"E a distance of 175.00 feet;
Thencre s79'00'00"8 a distancre of 175.00 feet;
ltrence N63'00'00"8 a distance of 200.00 feet;
Itrence S90'00r00"8 a distancre of 350.00 feet;
llhenoe S63'OO"OO"E a distancre of 227.74 feet to tjre testerly right-of*ay of
Stone Quarry bad , a plat reerded as lEnarisk Srbdivision Piling t{o. 1,
Parcrel 'A', in ttre Garfield County C1erk and Record,errs Office
(Reception l.rr. 31 6729) i
llhenc.e alorg said rightrf+ay ttre follming six (6) ourses and distancres:
1)500'56r34"w a distance of 765.88 feet;
2)581.42 feet alorg the arc of a crrrve to t}re right, havirtg a rdius of
42O.OO feet,, a entral argle of 79'19'00', and a etprd bearing
s40'36'04"w a distance of 536.09 feet;
3)s80'15'34"w a distancre of 2500.85 feet;
4)98.09 feet alorg the arc of a crrrve to the right, havirg a radius of
42O.OO feet, a c.entral argle of 13'22'54', ard a ctprd bearirg
s85'57'01"w a distance of 97.87 feet,;
5)N85'21 r32"w a distance of 108.36 feet;
6)238.16 feet afong tle arc of a crrnre to the tef-t havirg a radius of
580.00 feet, a central argle of 23'31'36', and a ctprd bearirg
581'52'40"w a distance of 236.49 feet;
frenoe 29.75 feet alorg the arc of a curve to the left, having a raritrs of 20.00
feet, a central angle of 85'13'11", and a dprd bearirg N27'30r17"8 a distane
of 27.O8 feet;
ltrence Nl5"06'20"w a distance of 10.05 feet;
Itrenc.e 50.87 feet alorg the arc of a curve to ttre right, having a raditrs of
I8O.OO feet, acrentral angle of 16"11'32", End a chord bearing N07'00'34"Wa
distanc.e of 50.70 feet;
o
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Tanarisk F:qt
(a nrodification of Parcel 1-1 )
Thenc.e N01'05'12"8 a distancre of 479.65 feet;
Ttrence N88'54'48"w a distance of 590.00 feet;
Ttrencre N01'05112"8 a distance of 820.00 feet;
Thenc.e s88'54'48nE a distance of 570.00 feet;
ftrenc.e 31.42 feet alorg the arc of a crrrve to the left, havirg a radir:s of 20.00
feet, a central angle of 9O'OO'00", and a ctrord bearirg N46"05t12"8 a dist'ance
of 28.28 feet;
Itrence N01'05112"8 a distsance of 718.30 feet;
l&1gnce 188.00 feet. alorg tlre arc of a curve to the left, havirg a rdir:s of
37O.OO feet, a central io,gf" of 29'06r43n, ard a clrord bearing N15'05'30"W a
distance of 185.98 feet;
Grence I{59'2Orl2"E a distane of 359.48 fe€t, to t}re Foint of Beginnirg.
Containing 135.43acres rDre or less.
Revised 7-25-88
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R.V. PARK
A parcel of lard located in tlre nortlreast gr:arter of Sect.ion 24, Township ZSottlt, Rarge 95 t{est of t}re Sixt}r Principal tEridian, Garfield County,colorado, being npre particurarly described as forror.r:
Correncing, as a point of reference, at the northeast @rner of said Section 24,frcrn t+hence ttre east quarter corner of said Sect,ion 24 bears SO1.O5,l2"l^l adistance of 2651.61 feet, witi all bearirrys onEained herein iela,ive tlrereto;rtrenc.e s{9'{3'{4"I{ a distancre of zg77.9l ieet to a point "n tt=tresterly botndary of Tarnarisk Srbdivision Filirg llo-. l, parel .C,,, a platrecorded in ttre Garfield_Cg-ty Clerk ard Recorder's Oifice (necept,ion litr.316729), said point tlre Point of Beginnirg;
Thene 4otry-".i9-!qu"atry the follo*ing eight (8) c.ourses and distances;l)S{9'16'16'E a distance of 420.60 feet;
2)N40'{3,{4nE a distance of 157.55 feet;
3)319.03 feet alorB the arc of curve to the right, ha,rim a ralius of520.00 feet, a centrar argre of 35'09,09", ai: a chord bearirqN58'18' l9"E a distance of 3lrl.06 feet,;{)Nl{'07'07"w a distance of 122.49 feet;
5)s88'54.48"8 a distane of 524.31 feet;6)S0l'05'12'w a distance of IOO.OO eeet;
7)S88'54r48"8 a distance o€ 60.00 feet;8)s0l'05'12"w a distane of 711.29 feet to a point on the nort}erlyrightrcf-rray of said Sto-ne Quarry Road, Parcrel 'A" of sa.id fanarLkSnbdivision Filing tto. t;
tr""* -"fg"g _the line canron to said Tamarisk S:bdivision Filirg No. I anit saidTanarisk Sr:bdivision Filing lb. 2 the fol1o*irg sir (6) courses-and distances:
1 )N88'53'39"W a distane of 1g3.54 feet;
2)t08.21 feet along tlre arc of a curve to tlre right, havirg a radiqs of
310.00 feet, a centrar angle of 20'00100,, ard a chord uearrnglt-rS'53'39'w a distance of 107.6G feet;
3)136.t4 feet alorg tlre arc of a curve to tlre Ieft, havirg a radius of390.00 feet,, a oentral argle of 20'00,00', ard a ctord SearirgI*fr8'53,39'I{ a distanc.e of 135.{5 feet,;
4)N88'53r39"w a distance of I lO.0O feet;
5)231.43 feet alorg the arc of a crrrve to the left, havirg a radius of
390.00 feet, a crentrar argre of 34'00,00", ard a ctrord bearirgS74'06'21n{ a distance of 228.05 feet;
5 )557'06 '21 "t{ a distanc.e of I 1 . ?6 feet;f,9I,"9 along t}re boundary qf said tanarisk S'hdivision Filirg lto. l, parel "C",N49'16rl5"w a distance of 909.26 feet;
thenoe continuing along the boundary of said Tarrarisk grMivision Filinq No. 1,Parce1 'C", N{0'43r44'E a distance of ZeO.00 feet to the Foint of Beginning.Conta-ining 17.50 acres rore or less.
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I{irrcp cr""kP#i*r:-5*ion 2, Brock r
A paroat of land located in the nortlreast qtrarter of Sect.ion t8 and thesoutheast guarter of Section 7, e]'l in Ibunship 7 Sotrti, Range 95 t{est of theSixti-Principal l&ridian, Garfield Cor:nty, Colorado, beirq rore particularly
described as follows:
Conrnencfng, as a point of referenc€, at t}e sorrtheast oorner of said Section ?,
frcrn u*rence the east quarter corner of said Section 7 bears NOO'50,57,8 adistance of 2639.54 feet, with aII bearings contained herein relative tSereto;
Ttrence S75'46'39"w a distanc.e of 1569.50 ieet to a pint on t]le northerlyboudary of Wil1oq, Creek Vi114e Section tib. 2, a plat reorded in tlre drfieldgot$ Clerk ard Reorderrs Office (neception tlo. 322310), ard on the so.rtlrerlyboundary of Brrning Roc* Srbdivisio!, a plat reorded in tlre C,arfield CountyClerk ard Recorderrs Office (Reception No. 3714271r said pint the bint ofBeglnnirg;
fhenqe alorg the boundary of Bto* 2 of said t{illow Creek vi}lage Section tb.2,tte followirg thD (2) courses ard distances:
l){31.23 feet alortg t}le arc of a c'urve to the lefE, having a radigs of
715.00 feet, a crentral argle of 34'33122,, ard a chord bearirg
s04'12'05"8 a distance of, 424.72 feet;
21526'26r07"t{ a distarce of. 274.82 feet to a point on the northerlyrigttt-of*y of t€st Battlenent Parls*ay, a plat recprded as famarisXS"hdivision Filing No.l, Parce.I 'A', in the Garfield Comty Clerk ardRecorder's Office (neception Dto. 3167291ithene alorg said right-of*y the followirg tlrree (3) course ard distances:
l)N50'30'00'W a distance of 604.14 feet;
21682.42 fr-,t alorg tlre arc of a cunre to the right, havirg a rdius of
{25.00 feet,, a c.entral angre of 92'00'00', and a drord bearing
N14'30'00't{ a distance of 6lt.{4 feet;
3)N3l'30'00'E a distance of 380.07 feet to a point sr the sorrtherlyUo:rfary of tle proposed Willqr Creek Villqe sect,ion No. 3;Thene alorg saidl bourdary the follerirg ts€ (2) @urses and distances:
l)s89'35127'E a distane of {94.72 fePJi-i
2)S57'39r08'E a distane of,277.10 feet to a pint on the testerly
bourdary of said Burning Roc* S'r-division;Ihere alorg said boundary the follo^drq three (3) ourses and distances:
lrS30'40'00"W a distance of 182.56 feet;
2)sl5'28'50"1{ a distance of 213.53 feet;
3)30.00 feet atorg tlre arc of a cunre to the left, havirg a raJius df
715.00 feet, a cgrtral argle of 02'24'14,, and a ctrord bearingSl4'16'43'w a distanrce of 30.00 feet to the Foint of aeginnini.Containirg 18.54 acres mcre or less.
L/nLI
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PARCEL 3-2
WiIIo* Creek ViIIage Section 2, Block 2
A parcrel of land located in tie nortleast guarter of Section 18 and the
northwest quarter of Section 17, all in ltornship 7 South, Range 95 ttest of the
Sixttr Principal tGridian, Garfield County, Colorado, beinq more particularly
described as follous:
Conmercimr :c i pint of reference, at tlre nortlreasE @rner of said Section l8
frcnr rhence t}re east quarter corner of said Section l8 bears S0l'05'52"W a
distance of 2539.65 feet, with al} bearings @ntaind herein relaEive thereto;
Ttrene S75'46'39'W a distance of 1559.50 fe€t to a point on the norLherly
boundary of !{ilIoqr Creek Villaqe Sect.ion 2, a plat recorded in t}re Garfield
Corrtty Clerk ard Recorder's Office (Reception titr. 322310) ard m the souttrerly
boundary of B-rrning Rocr( SuMivision, a plat recorded in the Garfield County
Clerk ard Recprder's Office (Reception No. 371427 ), said point the Boint of
Beginning;
ltrenc.e alom said cunnon bor:ndary tie follqring tho (2) courses and distances:
l)556'46!16'E a distarce of 646.31 feet;
z)Nl4'06'48'E a distance of 180.{5 feet to a point on the sout}rerly
bourdary of the propsed Stone Ridge ViIIage Section One;
Therce alom the boundary of said WiIIow Creek villAe Sectiqr 2 the followinqfour (4) courses ard distances:
1)S29'17'15'E a distance of 31O.72 feeti
21s81'lt'tl'E a distance of 580.86 feet;
3)558'05'59'E a distancre of 115.43 feet;
4)N82'35'07'E a distance of 108.56 feet to a point on the uesterly
boundary of tle proposed Willow Creek Villae Section 4;
Ttrene S0l'05'52"w a distane of 355.00 feet to a point. on ttre norttrerly
rigtrt-of+ay of l€st Battlerrent Parkr*ay;
ltrerr= alorg said right-of-r*ay tlre followirg tr.o (2) courses ard distances:
l)NBB'54,08,w a distance of 10G2.53 feet;
2)619.6t1 feet alorlg the arc of a curve to the right, havirg a ralius of
1250.00 feet, a central anqle of.28'24'08', and a ctror.l bearim
N74'42'04"w a distance of 613.32 feet to a point on the easterly
boundary of said Willo* Creek village Section tilo. 2r Block 1;
Ttrene alorg said bourdary the followirg tr.o (2) courses ard distances:
1)N25'26'07"8 a distance of 274.82 feet;.
21431.23 feet alorg the arc of a curve to the right, having a radius of
715.00 feet, a central amle of 34'33'22n, and a chord bearing
N04'12'05"w a distance of 424.72 feet to the Point of Be<7innirg.
Containirg 19.87 acres more or less.
}.IIOTEICOMAINS AI.L 5.7I ACRES OF CU'II'4ON OPEN SPACE + I3.I5 ACRES s. BI.rcK 2*
L-r r-tL-/
III
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A}TD
(A11 of the Battl-enrent l4esa Water and Sanitaticn District, to wit: )
A plrce'l Of 'land lying in sections 5,5,7,8,9"1 0,
16,.17, )8, lnd t9 Of TOwnship 7 south, Range 95 t'lest tnd
Sect,icns l3 and ?4 of Townqhip 7 South, Range 96 llest, of the
6tn princjpa'l Heridian, c0unty of Garfie'l d, State of co'l orado,
r-ore particularly described as f o'l 'lows:
Beginning a.t the East 1/4 Corner of Section 5, Townsh'i p
7 Scuth, Range 95 lJes'.; thence southeriy a'l ong the East line
ot Sect.ion 5 to the SE Corner of the ti 'll2 l{E 114 SE 114 SE llA :
cf said Section 5; thence Hesterly a'long the South Line
o{ the tl 'll? NE 1t 4 SE 1t A SE 1t 4 to the Sl'l Corner of sa i d
t, 1l2l:E 1lA SE 114 SE 114; thence northerly along :the'Ilest
t,i ne of the N 'l /2 hlE 1t4 SE 1/4 SE 1/1 of Section 5 to the
iifl corner of sa i d l.lE 114 SE 1t A SE 1/ 1; thence uesterly t'l t,t'v Lrre
liorth line of the SE 1/4 SE 1t4 of said Section g to the ltlj
Ccrner of sa'i d SE 1t4 SE 114; thence southerly along the t{est
line of '.he SE 1t4 SE 1/4 of said Section 5 to the Sl{ Corner
ot said SE ltA SE l/4; thence easterll' along the South line of
sa j d secti on 5 to the .sE corner of sa i d secti on;
Thence continuing easterly, alon-c
Section 9, Townshi P 7 South, Range 95
cf the il'rl 114 NN 1t4 of said Section 9
the East 'l i ne of the Nt'l 114 N|'l 114 of
Ccrner of said NN 114 Nt'l l/4;
the North 'l i ne of
weit, to the NE Corner
; thence southerlY a1 ong
said.Section 9 to the SE
Thence easterly along the North line of the SE ll4 NN 114
of said Section 9 to the HE Corner of said SE 1t4 Nll l/4; thence
continuing easterly along the North line of the sl'l 114 NE ll4 of
said section 9 to the llE Corner of said slr, ll4 NE llAi thence
northerly along the $lest line of the NE 1tA NE ll4 of said Section
9 to the l{i, Corner of said NE 1t4 NE l/4; thence easterly a)on9
the l{orth I i ne of sai d Secti on 9 to the NE Corner of sa i d
Section 9; thence southerly along the East'line of said Section 9
to the SE Corner of the NE 114 HE lt4 of said Section 9;
!rg. I tie
Thence easterly
o
alo
of section 10, Tounshio 7 south, Range 95 lrlest to !t
I
(I) SOUTH IOI3'05" I,IEST A DISTANCE OF 2I9.
(?) SOUTH rtB'nOl'.l9" EAST A DISTANCE 0F 3G3455.00 FEET, AS I'IEASURED AT RIGHT
FROi.1 THE NORTH LINE OF THE SOUTHNEST I
o
ng the North line of the S
t{orth line of the said Sl,t lt4 NH'lt4 697 feet },test of the }iE
Corner of said S}J 114 NH l/4; SAID pOINT BEING THE NORTHITEST
CCRIIER OF THAT PARCEL OF LAND DESCRIBED IN DOCUNENT NUt,IBER
198554 AS RECORDED IN BOOK 302 AT PAGE 2OO OF THE RECORDS OF TIlE
CLTRK AllD REC0RDER 0F GARFIELD C0UtiTY; THENCE ALONG THE BCUnDARy
OF SAID PARCEL THE FOLLOI.JING FIVE (5) COURSES:
To a point on the east line of said
the Northeast Corner of said SIJ 114
Parce'l Boundary southerly along the
of said Section 10 to the SE Corner
continuing southerly along if,e East
Section 'l 0 to the SE Corner of sai
alonc the South line of t'he N'rl 1/A
Sll Corner of said ilN l/4 SH 1/4;
lle Nr.t 114
point on the
00
.OO FEET TO A PO]iiT
ANGLES, SOUTHERLY
/ 4 I,I0RTHHEST 114
=
I 59.00 FEET
'l 99.00 FEET
250 FEET PLUS OR HIIiUS
Sl.l 1l q Ni{ 1/ 4 655 f eet south of
NN 1/41 thence departing said
East line of the sl,l ll4 NH ll4
of said Sl'l 1/4 Nl,l 114; thence
'l ine of the tl', 1/4 St't l/4 of said
d |ll,J 1/4 Sl{ 1/4; thence y{ester)y
Sll 114 of sa i d Sec tion 'l 0 to the.
OF SA]D SECT]ON I O
( 3) SOUTH 88O45'55" EAST A DISTANCE OF
(4) SOUTH 'I O'I3'05" }.lEST A DISTANCE OF
(5) SOUTH 88O45'55'' EAST A DISTANCE OF
Thence
!i l/2, S l/?
Sll Corner of
the South 1i
conti nLi ng wester'ly a'long the South I ine of the
of section 9, Township 7 South,'Range 95 Hest to the
sa i d N 'll2 S | /?; thence conti nui ng westerly al ong
n. of the NE 1tq SE ltq of Section 8, Township 7
lcuth, Range 95 llest to the sH corner of said NE rt4 sE l/4;
thtnce northerly along the ltest line of the NE ltq SE lt4 of said
Stction 8 to the till Corner of said l{E lt4 SE 1l4i thence
resterly a'long the south line of the NE 1t4 of said Section g
io the Slt Corner of said NE ll4;
Thence southerly along the East I ine of the ilE 114,
sr l/4 of said Section 8 to the SE Corner of said llE 114 SH 1l4i
thtnce westerly along the South line of the HE 114 SI', 114 of said
=?ii:Tnt
EE
section I to the sl,l corner of sai d l'lE 114 sll 111. thence southerly
a'lon9 the East Iine of the Sl.l 114 S}l 114 of said Section I to
the SE Corner of said SN ll4 Sl'l 1l4i thence easterly along
the South Iine of said Section 8 to the SII Corner of the St'l 114
St 1t4 of said Section 8; thence norther'ly a'long the llest line
of the Sh' 114 SE ltA of said Section I to the Nl.J Corner of said
Sr..J 1t4 SE 1/A; thence easterly a'l ong the t{orth I ine of the
Stl l/4, SE 1t4 of said Section I to the NE Corner of said
Sli 1t4 SE l/4; thence souther'ly along the East 'l ine of the
S',1 114 SE 114 of said Section I to the SE Corner of said
Sp 1/4 SE 114; thence southerly along the East Iine of the !Jest ll?
of the llE 114 of Section'l 7, Township 7 South, Range 95 llest' :
to the SE Corner of said !l 1/2 of the NE 1/4;
Thence easterly along the North 'l ine of the SE 114 of'said
Section'17 to the NE Corner of the SE 1/4 of said Section'17;
thence southerly along the East line of said Section 17 to the
St Corner of the NE 1t 4 SE 114 of sa i d Secti on 'l 7; thence easterly
along the l{orth line of the SN 114 S}'l 114 of Section l6'
Tovrnship 7 South, Range 95 Nest to the NE Corner of said St'l lt4
Sl.l 1/1; thence southerly along the East line of the Sh'114 Sl'l 1/4
of said Section l5 to thd SE Corner of said Sll 1/4 Sh- 114; thence
westerly along the South line of said Section l5 to the
Slj Corner of said Section l5; thence continuing u,esterly along
the South line of Section l7' Township 7 5outh, Range 95 }lest
to the SI{ Corner of the E 1t? of the Su 114 SE 114 of said
Section 'l 7; thence northerly a'l on9 the bJest'line of the E ll2
sH 1t4 sE 1t4 to the Nll corner of said E 112 s}l 114 SE 114;
Thence uesterlY a1 ong
of sa i d Sec ti on I 7 ',,0 the
continuing uresterlY along
to a poi nt '10 rods East of
the South 'l ine of the Ntl Il4 SE 114
Stl Corner of said Ntl 114 SE l/4; thence
the South line of the NE 114 Sll 114
the Sll Corner of s!id NE ll4 SU 114;
thence tlorth I rods i thence blest I O rods; thence South I rods to
the Sll Corner of the llE 1t 4 St'l 114 of sa i d Secti on l7;
Thence vresterlY along the
Section l7 to the SE Corner of
South I i ne of the NI', 1l q SH 1l 4 of sa i d
that certain Parcel recorded in
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i!e tour
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Book 38 at Page 440 of the
Garfie'ld County, Co'lortdo,
N'r, I l4 SL 1/ 4; thence North
I i ne of sa i d parcel to the
records of the Cl erk and Recorder of
being 25.30 rods East of the SIJ Corner
?5 . 30 rods a'l ong the ea s ter'ly bounda ry
NE Corner of said parce'l ;
Thence !lest ?5.30 rods along the northerly boundary 'l ine of
sa i d parce'l to the Nl'l Corner of sa i d pa rce'l and a poi nt on the
t;est line of said Section'17; thence northerly a'l ong the l,lest'l ine
of said Section'l 7 to the ilE Corner of the E 1/? SE 1/4 NE 114
SE 1t4 of Section'l A, Totrnsh'i p 7 South, Range 95 It'est;
Thence vresterly along the l{orth line of the E 112 SE 111
pE ltl SE 1/1-of said Section 'l I to the Nl,l Corner of said East 1/?
SE 1t1 llE 1/4 SE 1/A; thence souther'ly along the llest line of
the E ttZ SE 1t4 NE 114 SE 114 of said Section t8 to the Sl'l Corner
of sai d E 1/ 2 SE 1t 4 NE 114 SE 114; thence westerly a'l ong the
South line of the NE 114 SE 114 of said Section l8 to the
Sl,, Corner of said tlE 1/4 SE 1l4i thence souther'ly a'long. the
East line of the SI,l 114 SE Tl4 of said Section'l 8 to the SE Corner
of sa i d Sl.l 1t 4 SE 1t 4; thence souther'ly a I ong the Ei st 'l ihe
of the It 1/? NE 1/4 of Section 'l 9, Township 7 South, Range 95 blest
to the sE corner of sai'd N 112 liE 114;
Thence yresterly a'l ong the South line of the
'{ESection I9 to the Stl Corner of said llE 114; thence
wester'ly'along the South line of the Ntl ll4 of said
to the SL, Corner of sa i d Ntl I l4 of Secti on I 9;
tie or
conti nui ng
Section 19
Thence conti nui n9 westerly a'long the South I i ne of the
ilE 114 of Section 24, Township 7 south, Range 95 llest, to
the Sll Corner of sa i d NE 114; thence northerly a'long the }lest
lineofsaidtlEll4ofSection24totheintersectionwiththe
southeasterly rater I ine of the Colorado Riveri thence in a
northeaster'ly di recti on and a'long sai d southeasterly water I ine
of the Colorado River to the intersection uith the North line
of said llE 114 of Section ?4;
Thence in ! northerly direction tnd along said southeasterly
'_l
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d
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lr
ln
lu
l,
va ter I i ne of the Co'l orado Ri ver through the E 1l? of Secti on
'l 3, Tovrnsh'i p 7 South, Range 95 L,lest, to the intersection with
the East, I i ne of sai d Secti on I 3 i
Thence southerly along said East line of Section l3 to the
SE Corner of Governnent Lot 6 of sa i d Sec ti on 'l 3; thence
easter'ly a'l ong the North line of Government Lot 4 of Section
I8, Township 7 South, Range 95 llest to the NE Corner of said
Government Lot 4 of Secti on 'l 8; thence northerly to a poi nt
Dn the l{or'r.hwest side of the pub'l ic road as noh'constructed
and i n use, sa'i d road being ref erred to in a deed bearing Receptircn
iio. '102537 as recorded in Book'l 59 at Page ?? of the records of
the C'l erk and Recorder of Garfield County, Co'l orado; thence
northeasterly.c'long the Nltl side of said pub'lic road to the
llorth 'l ine of the SE 114 NL,l 1/4 of said Section '18; thence
vresterly a'l ong the Ilorth'l ine of the SE 1lq Nll 114 of said
Secti on l8 to the lttl Corner of sa i d SE 1/ 4 NI,l 1/4;
Thence northerly a'l ong the blest line of the NE 1/4 Nl{ 1/1
of sa'i d Section'18 to the point of intersection with the
southeasterly water 'l ine'of the Co'lorado Riverl thence norther'ly
through the NE 114 Nll 114 of said Section 18, and along
said southeasterly vrater'l ine of the Colorado River to the
point of intersection with the llorth line of said Section l8;
thence northerly through the E 112 Stl 114 of Section 7,
Township 7 South, Range 95 lJest and along ttie southeasterly
water line of said Co'l orado River to a point 6'l 8.88 feet, !s
measured at right angles, hOrtherly from the north line S l/Z
of said Section 7; Thence South 88o17'll" East a distance of
55.37 feet to a point on the west'l ine of the E 1/? of said
section ?; Thence southerly along said vest line of the East 1lZ
of said section 7 a distance of 944.37 feet to a point uhich is
2345.57 feet northerly from the south l/4 corner of said section 7i
THEHCE TTONiX 5?"47'1?" EAST A DISTAIICE OF 505.50 FEET TO
0F SAI D SECT t0N 7 ; THENCE
I
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lI
A POINT ON THE }IORTH LINE OF THE SOUTH 1I?
IIORTH 48O33'I7' EAST A DISTANCE OF I80.95
31" EAST A DISTANCE 0F 77.26 FEET; THEHCE
FEET; THENCE S0UTH 52o59'
SOUTH 70O27'28" EAST A
l
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lr
lr
h
lr-
l:
l:
I DISTAilCE OF I I.73 FEET; THE}ICE SOUTH 37O?3,30'' IJEST A DISTiIicE oF
132.3'l FEET; THEIiCE SoUTH 7ol0'29" tllEST A DISTANCE OF 164.'19 FEET;
THTNCE S0UTli S9'49'3'l " EAST A DISTANCE 0F 89.85 FEET; THENCE SOUTH 0'
57'37" IIEsT A DIsTAllcE 0F 86.61 FEET; THENcE s0uTH 37c??.?3" EAsT
A DISTAIICE OF 160.I'I FEET TO A POINT ON A CURVE HHEIICE THE CENTER
0F sAI D cuRv: BEARS ll0RTH 77o39'3?" EAST; THENcE AL0t{G THE ARc oF
SAID CURVE TO THE LEFT, HAVII:G A RADIUS OF 29O.OO FEET AND A CEHTRAL
AI{GLE OT 55'C5']8" A D]STANCE OF 3?9.41 FEET TO A POINT OF TANGEIIT;
THitiCE SOUTH 77O25'45" EAST ALONG SAID TANGENT A DISTANCE OF 549.00
rEET T0 A P0It{T 0F CURVE; THENCE AL0NG THE ARC OF SAID CURVE TO THE
R]GHT, HAVI}iG A RADIUS OF 45O.OO TEET AI,ID A CENTRAL ANGLE OF I5O
02'5'I ", A D:STAIICE OF II8.'I 8 FEET TO A POIIiT OF COl.IPOUND CUP.VE; =
1I'i.];:i ALN.:3 THE ARC OF SAIN CURVI TO T}I5 RIGHT, HAvING A RADIUS OF
f 50.00 FEiT Ar:D A CLliTi'/,1 Ar{GLE 0l 39,19'3Eil. /. ntSTAttCE 0F lOZ.96
Ftrl 10 A 73 lr,rr orl sAtD cuRvE lJliiric! Ti{E cENTtR oF sAID cuRvE BEARs
SOtjl rr 65'56..1; UiST; THEiICE NORTH 87 "36'?9" EAST A DISTANCE OF
370.38 FEET; THEIICE NORTH O'.57,25', EAST A DISTAI{CE OF 840.30 FEET;
rtlFt'tCE l{0RTii 89ol'l'50" },EST A DISTAIiCE OF 498.25 FEET; THENCE NORTH
lori'i3" EA.ST A DISTANCE 0F 1394.34 FEET; THENCE NORTH 86o32'53"
},EST A DISTAIICE OF 210.0? FEET TO A POINT ON THE }JEST LINE OF THE
IAST 1/? 0F THE NE 1/4 0F SAID SECTION 7; THENCE CONTINUING
i,;i'7ll 85'32'53" ,,'EST T0 ,THE S0UTHEASTERLY LIATER LINE OF THE C0L 0RAD0
RIVER; THETiCE ITI A NORTHERLY DIRECT]ON ALONG SAID SOUTHEASTERLY
IIATER LIilE 0F THE C0L0RAD0 RMR AND THRoUGH THE NE 1t4 0F SAiD
SECTI0N 7 TA THE P0itlT 0F INTERSECTI0N t'lIT*l SOUTH LINE OF SECTION
6, T0ul{sHIP 7 s0UTH, RAIiGE 95 NEST; THENCE IN A N0RTHEASTERLy
DIRECTION A!iD ALONG THE SOUTHEASTERLY T{ATER.LINE OF THE SAID COLORADO
RI VER AND TI{ROUGH THE SE 1 I4 OF SAI D SECT I ON 5 TO THE POI NT OF
INTIRSECTIOii HITH THE EAST LINE OF SAID SECTION 6;
Thence easterly and northerly along the southeasterly
xaterl ine of the said Co'lorado River and through the S ll?
of Sec ti on 5 , Tovrn s hi p 7 Sou th, Ra nge
of i ntersec ti on wi th the llorth I i ne of
Section 5; thence easterly a'l ong said
said SE 111 to the poini of beginning.
95 lle st to the poi nt
the SE 1l 4 of said
North line of the
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Page Seven
Excepting that garcel of land described ln a deed recorded
in Book 64 at Page 398 of the records of the c'lerk and Recorder
of Garfield county, colorado; more partlcularly described as:
beginning !t the ll4 corner betxeen sections l7 and l8' Tornship
7 south, Range 95 tlesti thence North ?o feet; thence East 30 feet
to a ne!/ corneri thence ilorth I4 rodsi thence East 23 rods;
thence South l4 rods; thence lJest ?3 rods to the new corner'
containing 2.012 acres; also excepting the sE 1t4 NE 114 of
Secti on 9, Townshi p 7 South, Range 95 llest '
Excepting a1 so three Parcel s of land as described below:
l) A parcel of land located in Sections l3 and 24 Township 7 south'
Range 96 l,lest, !hd Sections l8 and 'l 9, Tounship 7 ' South' Range 95-
Hest of the 5th Principal l{eridian, county of Garfield' State of
co'lorado more particularly described as follou{s:
Commencing at the Northeast corner of said Section 24i thence
South 49o43'44" IJest a distance of 2877'91 feet to the true point
of beginning, said point being a point on the Llest Boundary of
Tamarisk Subdivision Filing No. l, Parce'l C; thence along the Northerly
boundary of said Parcel c the follouring courses: South 49o16'l5u
East a distance of 4zo.oo feet; thence North 40o43'44" East a distance
of 157.55 feet to a point of curyature; thence along the arc of said
curye to the right having a radius of 520'00 feet and a central angle
of 35o09,09,,, a distance of 319.03 feeti thence North 14o07'07" Ilest
a distance of 1?2.49 feet; thence south 88o54',48', East a distance
of 524.31 feeti thence South lo05'12'Ilelt a distance of 100'00 feet;
thence'South 88o54',48" East a distance of 6O.OO feeti thence South
lo05'12' llest a distance of 711 '?g feet to'the South East Gorner of
saidParce.lB;thencealongthet{orthboundaryofTamariskSubdivision
Filing No. I Parcel A the following courses: south 88o53'39u East
a distance of 30.46 feet to a point of curYaturei thence along the
arc of sald curye to the left having a radius of 420.00 feet and !
central angle of loool'22", t dlstance of 73'47 feet tO t point of
tangencyi thence along sald tangent ilorth 8lo04'59u East a distance
of 447.47 feet to a point of GurYlture; thence along the lrc of said
curve to the right having ! radius of 500'oo feet and ! Gentral angle
of Bo55'01 *, r distance of 77.82 feet to ! point of tangency;' thence
along sald tangent north gooOo'00' East a distance 2??'14 feet to t
point of curvaturei thence along the !rc of said curve to the Ieft
Tt
t;
Page El tht
having r rrdius of 44O.OO feet rnd a central rngle of 10o00'00"
a distance of 76.79 feet to the southwest corner of Tamarask Sub-
di vi s i on Fi I i ng tlo . I Pa rcel B; thence al on9 the !Jest and Northerl y
boundary of said Parcel B the folloring courses: North lo05'12lt
East a distance of 2305'64 feeti thence South 88"54'48'East a
dist!nce of 59O.OO feeti thence south loo5'12" 1{est a distance of
478.30 feet; thence South 88o54'48',East a distance of 155'54 feet;
thence south 57000,00,, East a distance of 340.?5 feet; thence t{orth
330oo,oo" East a distance of 27?.69 feet; thence North 57000'00*
llest a distance of llO'OO feet; thence North 33o00'00" East a
distance of 487.45 feet to a point on the North boundary of said
Parcel B; thence f rom sai d Parcel B North 62oOO'oo" I'leSt a di stance
of 506.40 feet; thence North ??o24'48" Ilest a distance of l'l1o'22-
feet to the southerly Boundary of a Polrer easement as described by
reception numbers 209185 and 211604 of Garfield county; thence
a.longtheSoutherlyboundaryofsaidPowerlineeasementSouth
54038'4'l " IJest (S0uth 52"58',39" !lest) a distance of 30E'20 feet;
thence South 40o43'44" l,leSt (SOuth 3go?o'31" Iest) a distance of
3700.35 feet to the true point of beginning containing 4,614'436
square feet or I 05 ' 93 ac Fes '
?) A parcel of 'land located in Section 19, Tournship 7 South'
Range 95 tJest of the 5th Pri nci pal iteri di an ' county of Garf i el d '
State of Colorado. l'lore particularly described as fo'l lovrs:
cornmencing at the Northeast corner of the ilortheast one quarter
of Section l8i thence South lo05'52u llert along the East line of
said Northeast one quarter a distance of .l.285.43 feet: thence
continuing south loo5'5?" tlest along said East line a distance of
I,350.12 feet to a point of curYe thence along the arc of said curve
totherighthavingaradiusof5o0.oofeetandacentra.|an91eof
59 54'08,,. A diStance of 52?.75 feet tO a point of tangent', thence
South6looo.oo.tJestalongsaidtangentadistanceofl,0l3.99feet
toapointofcurvethencea]ongthelrcofsaidcurve-:i.:l:.:.'.
having r radlus of 450.00 feet and ! central angle of 59o53',55n'
A distance of 470.44 feet to a point of tangent thence south lo06'05'
tlest aIong said tangent a distance of l,3oo.7l feet to a point on
the ilorth line of the ]lortheast one quarter of satd section l9;
thence south Oo56'34' tlest a distance of 570'OZ feet thence north
89003'26'Iestadistanceof40'o0feettothetruepointofbeginning;
thence South 0056'34',lest a distance of 765'88 feet to a point of
o o
GurYeithencerlongthe!rcofsaldcurvetotherlght,hrving!
radius of 4Z0.OO feet and a central angle of 79o19'00'. 'A distance
of 581.42 feet to a point of tangent, thence south 80o15'34'llest
rlong sald tangent t dlsttnce of 2,500.85 feet to a polnt of curYei
thence along the arc of said curYe to the right, having ! radius of
42O.OO feet and a central angle of 13022'54", a distance of 98'09
feet to a point of tangenti thence North 86021'32" llest along said
tangent a distance of 108.36 feet to a point of curve; thence along
the arc of said curve to the left, having a radius of 580.00 feet
and r central angle of ?7"05'33", t distance Of 274.?6 fcet to a
point of tangenti thence south 66o32'55" llest a'long said tangent
! distance of 207.53 feet to a point of curYe; thence along the arc
of said curye to the right having a radius of 42o.oo feet and a ce:ntra'l
angle of 13027,05", a distance of 98.60 feet to a point of tangenti
thence South Soooo'oo" llest along said tangent a distance of ?77'34
feet, thence Horth loo5'12" East a distance of 2305'54 feeti thence
South ggo54,4g,, East a distance of 59o.oO feeti thence South lc05'12'
tJest a distance of 47g.30 feet; thence South ggo54'48'East a distance
of 155.54 feet; thence South 57ooo.oo', East a distance of 340.25 feet;
thence North 33o00'oo'East a distance of 27?.69 feet; thence ilorth
57oOO,OO,,yest a distance of l'l0.OO feet; thence North 33o00'00'East
a distance of 487.46 feeti thence south 65o30'00n East a distance
of 't ,159.56 feet; thence North 73ol o'24" East a distance of 395'19
feet;thencesouth50o0'0o"EastadistanceoflT5'00feetlthence
South 79oOO,OO,,East a distance of l75.OO feet; thence l{orth 63c00'00"
East a distance of 2OO.0O feet; thence South 90o00'00'East a distance
of 350.-oo feet;, thence south 53o00'oo" East a distance of 2?7 '74 feet
to the true point of beginning, containing'6r?45,409 square feet or
113.375 acres.
A parcel of
95 llest of
land located in Section 24, Township 7 South'
the 6th Principal tieridian, county of Garfie'ld'
of colorado, more particularly described ts follows:
rt the fiortheast corner of sald section 24; thence
llest t distance of 3,108.29 feet; thence South
distance of 11.76 feeti thence North 32o53'39'
of 40.00 feet to the true polnt of beglnnlng; thence
tlest t distance of 808.25 f eet; thence tlorth 40"43'44n
of 24O.OO feet; thence South 49o16'16' East a distance
3)
Range
Sta te
Commencing
South 33o20'24'
57o06'21' l{est a
Iest a distance
]lorth 49o15'15'
East a dl stance
I of 420.00 feeti the
o
nce ]lorth 40o43'44'East a distance of 157.55
feet to r point of curve; thence along the arc of said curve to the
rlght, having ! radius of 520.00 feet and a central an9'le of 35c09'09",
! distance of 3I9.03 feeti thence North 14c07'07" llest ! distance
of l??.49 feet; thence South 88o54'48" East a distance of 524.31
feet; thence South lo05'12" llest a distance of 100.00 feeti thence
South 88o54'48'East a distance of 60.00 feeti thence South lo05'12"
lJest a di stance of 7l I .30 f eet i thence North 88o53'39' lJest a di stance
of 'l 93.63 f eet to a point of curyei thence along the arc of said
curye to the ri ght, havi ng a radi us of 310.00 f eet and t centra'l
angle of 20o00'00", a distance of 108.21 feet to a point of reverse
curve; thence along the arc of said curve to the left, having a
radius of 390. O0 f eet and a centra'l an9l e of 20o00'00', a di stanet
of 135.14 feet to a point of tangent; thence North 88o53'39" !Jest
along said tangent a distance of 'l I0.00 feet to a point of curvei
thence along the arc of said curye to the left, having a radius of
390.00 feet and a centra'l angle of 34o00'00", a distance of 231 .43
feet to a point of tangent; thence South 57o05'2.l'llest along said
tangent a distance of 11.76 feet to the true point of beginning
containing 762,093 square_ feet or I 7.495 acres.
In addition to the area PreYiously described herein, the
Batt'lement l,lesa llater and Sanitation District shall also contain
l parce'l of I and descri bed as f o'll ot{s :
A tract of land being a part of the southeast one-quarter of
the southeast one-quarter (SE I SE l) of.Section 8, Tolnship 7
south, .Ran9e 95 rest of the 6th Principal iteridian, 6arf iel d County'
Colorado; more particularly descrlbed as fo.llowsl
Commencing !s a point of reference, at the south one-quarter
corner of sai d Secti on 8; thence S 88o 48' l l ,' E al ong the souther'ly
line of the southeast one-quarter of said Seciion 8, rith alt
bearings contalned hereln re'lative thereto, a distance of 1326'09
feet to the southwest corner of said SE I SE I and thc TRUE POINT
0F BEGIilNINGi thence il Olo 20, l4n E a dlstance of 1316.24 feet
rlong the resterly llne of sald SE I SE l, sane being along the
lpproximate centerline of county road il0.308; thence S 88o 43'
lgn E a distance of 931.33 feet along the northerly llne of said
SE t SE I to r I ln. diameter stee'l rebar tnd alloy clP narked
r9e CYEN o o
"TCB Inc.15551'for the northeast Gorner hereofi thencc S 0lc 33'58'
H a distance of l315.07 feet rlong the Iesterly line of that certain
tract of land descrlbed !s'the cast 4oo feet of the sE I SE I of
section 8, ln Township 7 gouth, Range 95 tlest of the 6th P'l{"' in
a decrre ordered in District Court, document and receiPtlon lio'
203705 as recorded in Garfie'ld County, Co'lorado' to a I in' diameter
stee't rebar and alloy caP marked 'TcB, Inc' 15551" ln the southerly
line of said SE I SE li thence N 88o 48'll'll a distance of 926'08
feet along the southerly line of said sE I sE I to the point of
beginning and contalning 28' O5 acres of land '
r
EXCXI]DING
[Exclusicn of PrryerQz
4/9/86, to wit: I
Battlenent lrlesa Water and Sanitatict'r District of
' A p!rctl of lrnd lying ln
16. 17, 18. !nd l9 of fownshiP
Sections l3 tnd ?e of Tor+ns.hip
6ttr Principal l'leridian. County
trorr p!rticulrrly describtd as
St c ti ons 5.6,7 .8.9.'10,
7 South, Rrnge 95 t{ert.n!
7 South. Rrnge 96 Uest, o{ the
of Garfield, State of Colsr!do.
f o'l I obrs:
Eeginning t.t the Erst 114 Corner of Section 5, Township
7 Scuth. Rrngr .95 lles'.; thencc ioutherly t'long the [!st I ine
oI Sac'.ion 5 to tha SE Corncr of the N ll2 XE ll4 SE 114 St l/(
of trid Srction 5i thence restarly rlong tha South Llne
ol thr ,t ltl lrt lie sE ll4 sE lt4 to the slr corner of rlid
tl ll2 rlE l/€ St lr{ SE l/4; thanct .northerly tlong ',tht'}test
lina of the ll ll2 llE ll4 SE ll4 SE ll4 of Section 5 to tht
llll CornGr of rrid llt l/4 SE ll4 SE l/4; thcnce uesterly tlct,y tlr3
liorth line of tha SE ll4 SE ll4 of rrid Section -c to th? tru
Cornar of s!id SE 114 SE l/6; thtncr routhtrly rlong tfie uest
linc of thr sE lle sE lle of 3'aid section 5 to the sl{ cotn?r
of rrid SE ll4 SE l/{: thtncc G!sterly tlong the South linc of
rtid rrBtion 5 to the fE Corntr of stid Ststionl
Thenct continuing'G!tt?rlY.. rlong the l{orth line of
Srction 9. Tornrhip ? South, Rrngt 95 llest, to the tlE Corner
of the ftit ltA lil{ ll4 of srid Section 9; thence southerly rlong
the Irrt linc of the ]llt ll4 llh'lle of raid.section 9 to the St
Corner cI raid Nlt l/4 !{tt l/a;
fhrnce ctsttrly rlong the North line of th? SE l/l Nl{ l/1
bf sr i d Sec ti on g to thr ]lE Cornrr of sti d SE I /{ H}, I /01 thence
Gontinuing r!sterly r't ong the North I ine of the St, l/l HE l/0 of
rrid stction 9 to the,lE Corner of said s[, l/4 NE l/41 thtnce
northerly rlong the ltrst line of the tlE 114 Nt 114 of rrid Section
9 to the t{}t Cornrr of trid NE 114 NE l/4; thence crsttrly rlong
the llorth line of t!id Section 9 to the NE Corner of srid
Stction 9; thcnce loutharly rlong the Erst line of rrid Section 9
to rhe st corner of tha xt 1l4l{E l/{ of rrid section 9;
-1-
a
frcrn
?o t.poir.'. on the.iest lina of
ti: Nori,L:lst Cornrr of sr i d Su
?rrccl Eoualtry'sou',.herly r,lor:3
o? rcid Sastion l0 to'rha St Co
con'rinr,'ing .Southrrly rlong'rht
S:e'.ion l0'.0'.he SE Corner of
rlong 'Lht Sou'.h lf ne of l'he Nl.l
Si, Corncr of raid |lll ll1 Sl.f 111
S'J 114 ,it- 111 6t5 fee-. 3DU'.h of
lil,l l/4: thenee d:prr'.ing srid
Erst 'l ing of the Sl{ lll h'ii l/4.
of raid Stl 111 ti',i l/1; thence
I i nt of -rhe tilJ 111 St{ | l1 of sr ii:
d Hl, 111 Sll l/(; '.hencr \.?l'rerly
Sl! lll of s!id Seciion l0 to th:.
the Sou'.h I i nc of tha
South.'Rrnge 93 lrest to the
:o.ntinui n9 ves'.erly r1on9
Sec'.ion E, Township 7
of srid NE lll SE l/(;
?h:nc.e trl'.rrly rlong '..\e liorih lina of the SE l/( F',t ll<
o! S:cticn l0, Tounrhip'7 Sou'.h, iang:95 l.les'.'.0 r poin'. on..ht
lig;3h lin: of ih: sriC Sll llC ti'^- 1lc 6E? fcei ,.-rs-. af .lhr t:i
Gc:'ner of rrid SN 111 Nl, ltl', SiiD.POiliT 3:!,iG T,,:: llO2.ilillISi
c!i;t:e 0.3 iiii FARcsL oi LIND DiSCRri:D Iti D0Ct.lt.iir-T NUr,e:e
i9335: AS ntC0i.D:D tti B00x 3c? tT pAG: ?00 0F ii:: a:coeDs 0i 7i::
CL:?x A,lD RiC0zDti 0r GLRil:LD C0UliTY; Tli:NC: AL0liG Ti:3 SCUnDAP.T
0.3 SAID PtntlL iI:: FOLLOIIN6 itv: (5) COUeSiS:
(l) s0uii{ l.l3'03'H:sT A D,s7A'i!: 0i ?'l g.0o
(2) Sou?H aB''01:!9' tr.S? ,. D!S?AtiCt 0F 363.0C ;::T Tg r pc:ri;(i6.00 tEET. AS i::ASUR:D A7 p.tGliT AriGLgs. soiJ7.r::,?.Lr;eO}i Irli li0RTH L i,r-[ 0F T]i: S0UiHliiST 114 x0iTHliiST 111ci sA!D sEiTloti l0
(3,) S0uT!{ E2't5'55" Et:ST A DISTATiC: Oi l5g.oo FtiT
((i souTH'l'13'05" [![sT A DIsTI]ii: oF 199.00 rtiT(5) souTH ?a. 16'53'EAST A DitT;:iiCE O7 250 r:iT pLUS g?. r,ttius
said
111
.thr
r n?f
I t, s'.
rgi
111
a
con'si ni.ri n9 ue s'.e rly r I on9
ol Section 9, Tovrnship 7
rrid H l/2's 1l?" thtncr
n? oI tha N: 114 3; l/i ol
95 llas'. '.0 ihe SU Ccrner
ihrnte
l?, s 112
Corner of
Sou'.h I i
'.h. Pang:
Hl
SU
'sha
( a.r
n
r- -/o
o
'rha Iast
Stl 111 SE l/( of rrid Sct'.ion e to .rhe Si Corner of
Si, llL S: 111; thrnse rou'Lh:rly r'tong the Irst line
of th3 ,,: 1lA of Sac'.ion 17, Torrnship ? Sou..h, langr
to thc Si Cornar of sr.id l, 1lZ of the Hl llq.,
thr o
nt 3 geu'rhrrly rlong
L'g s '.
it
line of the
rrid
of the
95 L!e s
fh:nce :rstrrly rJong the Nor..h lin: ol the St l/1 D
.S:c'.ion l7 to the ,ii Corncr of .rhe Si lle of sgid Sectioi
thrnsa 3ou'rh:rly rlong th: Irs'. lina of rric section l?..
s: co;ner of ih!'ti[ 711 sE 111 of rrid section l7; thance
tlcng 'rha l{orth line of th: Sl,, ltt Sl{ l/C of Section 16,'
?or:nship ?.Sou'.h, Ferg: 95 lJest io tha lii Cornrr of srld
SU llli thrncr. south:rly r't ong thr Erst line of th: Str ll
o? rrid Saction l5 to thi'Si Cornlr of sgid Su 1te SN lt1
*tsie:"ty rlong thr Sou'.h line of rsid Src'.ion t5 to.rhe
Si,, tbrn:; of srid S:stion t6; thanei rontinuing uastrrly
tl,a S=uth linc o{ Ses'.ion 17. Township 7 South, Bange 95
to i,h! Sll Corner o.f thr E 1lZ of th! Sl, 1/1 SE lt1 of rri
-tst'.ion l7; thanee no;i,herly rlong .the llgs'.. lina'of th:
SU ll1 53. l/1 to thr li'J Cornrr of said E 1l? SIJ 114 SE 1l
1t?
f.srid
171
D 'sht
Cal'strly
slt I l1
4 Sl' 111
; thrnse
rl on3
U!s'.
t
E 1lZ
4;
Thrncr u:sterly r'l on9
of- rrid Section l7 to the
con'rlnuing val'serly : I ong
to'r point lO rods East of
than:e llor'.h 8 toCs; '.henct
-.h! SX Corner of .'.ha lit l/4
ih.enc: r:es'.rrly rl on9
S:c'.i on 1 7 io th: St Carna:.
'.he South lina of the lill l/{ SE 114
Sl, Cornar of raid lllt 111 SE l/1; 'rhrnce
the Sou'.h line of tha nE 114 SN 114
the Sll Sornrr of sDid NE l/4 Sll llr;
llest 1.0 rods; thrnsG South 8 rods to
Sll 111 of srid Saetion l7i
tha Ssuih'l in: of
o{ thet ctr'.ain
'.he llt' l/q Sll
parrel rcco;de
1lr cf sri(
6 in
-3-
g? 4(O olh. rrsords of tl. lecorder of 'tpoh 38 rt Prge 4(o olr. rtsords of the Cler, t R
Gcrfield County. Co'lorrdo, befng ?5.30 rods Irst of the S[, Cornrr
Nt, 114 Stt llei thtnce llorth ?5.30 rods r'long thr rasterly boundary
line of srid parc:l to the NE Cornrr of rrid parce'l :,
Thcnce llest 25.30 rods rlong thr northerly boundrry l{nr of
rrid pcrcel to the Nl', Corner of srid prrcal rnd r point on t'he
D,?st line of srid Section l7; thrnce northerly rlong the l{cst line
of trid Saction l7 to thc llt Corner of thr e 1l? SE ll4ltE 111
.St ll4 of Seetion 13. Torrnship 7 South. Rrnge 95 tlest;
cr rrst:rly rlong the llorth line of the E l12 SE
l/('of rrid Section l8 to the lll{ Corncr of 3!ld
ll4 St ll4i thtnie 3outhrrly rlong thr Hrst linr
St l.l4 ilE ll4 SE ll4 of srid Section l8 to the S
ll2 St ll4 l{E l/{ SE l/f ; thcnce rcstcrly rlong
e of the llE lle SE 114 of rrid Scetion l8 to the
of rrid tlE ll4 S E l/A; thencc southarly rlong.th
of the stJ lle sE 114 of rrid scetion l8 to the s
[, ll4 SE ltai thence routherly rlong tha tist I ih
It? NE ll4'of Srction 19. Township 7 South, Rrngr
Corner of rri''d H 1lz tiE l/e I
I
ilE 114
sE llr
thr E
of 3tl
3ou t11
Sl, Cor
Irrt I
of rr i
of the
to thc
han
st
XE
rt2
de
lin
ntr
inr
ds
l,
SE
1le
[rst l12
of
ll Corner
the
rt
E Corn!r
rC
r 95 tlest
ThrncG u!gtarly rlong the Soirth I ine of th! HE l/{ of
Srctlon l9 to tha Sll Corner of rrid llE 1l4i thcnce continuing
yrlterly'tlon9 the South line of the Ill ll4 of rald Stction l9
to thr Sl, Corner of rrld ]lU ll4 of Scction 19;
fhcnce continu{n9 resterly rlong the South llne of tha
tlE 714 of Saction ?4, Tovnshlp 7 South. Rrnge 96 tlast' to
thr Su Corner of srld NE llei thenca northerly tlong the lJest
line of. srid tlE 111 of Section e4 to the {ntcrs?ction tith the
southaasterly r!ttr line of tht Colorrdo Rivari thtnee ln I
no?th:rstcrly dirretlon tnd rlong lrid southersterly rrter line
of .the Colorrdo River to the {nterstction uith tht North llne
of rrid llE lle of- Section ?41
fh:nce ln I northtrly directlon tnd rlong rrid routhttst?rly
-{-
-
'!,!r?r lina of the ctrrdo Rivar through th. ,? ? of srctionl3. Tounship 7 South, Range 96 Djest. tD thc inters?ction with
the Irst line of rtid Srction l3;
Thence southerly rlong raid Erst line of Scction l3 to the
SE Cornlr of Governnent tot 6 of srid Section l3; th!nc!
G!Stcrry rlong the ilorth l ine of Govrrnment Lot 4 0r srctionlE. Tox'nship 7 south, Range 9s l{est to the riE corner of ra id
Govrrnnrent Lot { of section lg: thencr northerry to r point
on the l{or'.hwast ride of the pubr ic road rs noH constructed
rnd in user srid rord being rcferrad to ln r deed brrring Rcceptiontlo. l0?537 rs -r?corded in Book ls9 rt prge ?? of tha rccords ofthr Clcrl rnd Racorder of Garfiald County, Golorrdo.. theneenorthersterly,tlong tha ]llt tlde of reid public rood to thelrorth I lna of thr sE lla HL lt4 0f raid seetion lg; thancr,rrtrrly rlong thc Horth llnr of tha sE lta ilH lt4 of rrld
Sas'.'ion l8 ..0 the t{U Corner of srid St ll4lit{ lte.,
f hence northerly rlong thr Ues.. line of thr NE ltl ilt{ ltlof said section lB to the point of intcrsrction rith thr
southarstcrly xltlr I int. o? the Co.lorcdo Rivcr; thence northerly
through thr xE ll4 lilJ 114 of raid scction lg, rnd rlongrrid 3outhrrstcrly uateitinl of tha Golorrdo Rlvcr to tha
Polnt of lntcrt!ction rlth thc tlorth line of said Sretion lgi
thcnc! aDrtharly through the E llZ SU llq of Sectton l,
Tovnshlp 7 south. Rr n9e 95 lrcst rnd tl on9 tlrc souther sterlyrttcr line of rrld Colortdo River to r point 6lg.gg ftat. tSrrrssred tt right rnglesr iortherly frora the north line S ll?of rrid srction 7 i Thcncr south gg.l7,ll. Erst r dist!nc! of
56.37 fcct to r point on the uest lina of the E l/? of srid
reetion 7i Thence 3outherly rlong said rr:st line of the trst ltZof rrid section 7 t dist!nce of 944.37 feet to a golnt uhich is
?31s.s7 faet northerly fron the south rta cornrr of rrld lcction l;
'THEfiCE fiORTH S?'47',12',[AS7 A DISTAnCE OF 505.50 rEtr ro
A POINT 0H THE ]IORTH LINE OF IHt SOUTH tt? OF SAID SECTTON 7 i THENCE
tl0RTH c8'33'lP EAST A DISTANCE OF'180.95 FEET i fHENCE SOUTH S?.59'3l'tAsT A D,tsTAHcE 0r 71 .?6 tEET: rHEllct souTH 7o.z?,?B- [AsT A
-5-
DISIAIICt 0F I1.73 rtf: THEllCt SOUTH 37'23'30" lSt A DISTATICE 0r
l3?.31 rttTl IHLtict SUurx 7'lo'?9'l,tsT A DISTAN-EE 0F l6C.l9 fttTi
THtNCt SOUIH g9'{9'31'tAST A DTSTANCE OF 89.85 ttEl; IHTNCE SOU;H O'
57'37" IJtST A DISTA,IC[ 0F 86.61 ttETi THEN!E S0UTH 3l'?2'23' EAST
A DISTAIICE OF I6O.II FTET IO A POIIIT ON A CURVE SHEIICE THE CEN]IR
OF SAt D CURvt BEARS tl0RTH 77'39'32' IAST: THENCE At0llG f HE ARC 0F
sAtD cup.vE T0 THE LEiT, HAVllrG A RADIUS 0F 290.00 rEET AND A CEll;nAL
t,{GLE 0F 65'05',18'A DTSTANCE 0F 3?9.r1 rttT T0 A P0ltiT 0F IAN6Et;i;
THIIICT SOUTH 77'?5'{6'TAST ALDIIG SA:D TANGEIIT A DISTANCT OF 5!9.00
rttT T0 A POINT 0F CURVE; IHENCE ALONG THE ARC 0F SAID CURvt I0 lHE
RIGHT. HAVIIIG A RIDIUS OT {50.OO TtET ATD A CENTRAL.AIIGTE OF I5'
.o?'51'. A DtSTAilEE 0r lle.lP, rttT T0 A n0lNT 0F G0HPOUND cuPYEl
T!'i.i;r.i eLn:l3:HS rRC 0r SAln CUPYT T0 fllg RIGHT. HAYIHG A RADIUS 0F
t50.oD tE,t? tr:6 A cLltTi/,L A,{GLS Or 3g'l?'33'. A nISTAilCE Ot lO?.95
Jt{i To A PottlT orl sAtD CURVE }'}iiri0! ?HE CENTTR 0F SAID CURVE BTARS
s0Li'trr 66.56'ri3 l,is?i 1r{titcE IoRTH ill.l6'29' EAST A DISTA}iCE OF
370.38 FttT; THtllCE N0RTH 0"5?'25'EAST A DtSTAIiCE 0F E40.30 FtETI
ruFtlCE I{ORTH 89'll'50' },EST A DISTAHCE 0F {98.26 f tEIi THENCE xORTH
l'3i'i3'tAST A DISTANCE 0F 139!.34 ttET; THTNCE !l0RTH 86'32'53'
},EST A DISTAIICT OF 210.02 TEET TO A POINT OIt THE }IEST LINE OI T}iE
Ir\sT llz 0F IHE !{E ll4 0F SAt D SECII0N 7 | THENCE C0NTINUING
li;i'Tll 86'32'53' UEST f O,.THE S0UTHEASTERLY UATER LINE 0F THE C0tQnAD0
'tlvtR; THt,NCt lu A NORTHERLY DIRtCTI0N ALONG SAID SOUTHIASTtRLY
},ATER LIIIE OF THE COLORADO RIVER, AND THROUGH THE NE II4 OT SAID
SICTION, TO THE POIIIT OF TNITRSECTION }IITH SOUTH LIHE OF SECTIOH
6, TOI;ttSUIP 7 SOUTH, RAI{GE 95 }lEST3 THENCE lt{ A II0RTHEASTERLY
DIRICTIOH AlID ALONG THE SOUTHIASIERLY IIATER.LTNE OF THE SAID COLORADO
RTYIR AND THROUGH THE SE II4 OF SAID SECIION 6 TO THE POINT OF
TNTIRSEC,TIOII I'ITH 1}IE EAST LtNE OF SAID SECTION 5i
Thcnce ersterly tnd northerly rlong the loutheasterly
ratarlina of the srid Colorrdo Rivcr tnd through thc S llZ
of Saction 5, Torrnship 7 South, Range 95 Hest to thc point
of inttrs?ction xith the llorth linc of the.SE ll4 of srld
Stction 5; thencG G!sterly rlong rrid North I ine of tha
'slid SE ll4 to thc Point of beginning.
-6-
' And alsos
A trrst of lrnd bclng r part of.thr routheast on!-quartrr ofthe southeast onc-qu!rtcr (sg I sE l) of sectron g, Township llouth' -Range g5 rest of the 6th Prlncipal lreridian, drrficti iounty.Coloradoi DorG prrticulrrly descrl.bed !s follolrs:
commenelng !s r polnt of rcfcrcnc!, !t the south onr-quartcrcorner of srid Scctlon g; thence S ggo 4g,ll. E rlong the southerlylina of thc southcast on!-quarter of.srld sect{on g, iith ellbearfngs contrlned heraln rclatlve theret0.. I distancc of l3Z6.O9fcet to thc gouthwcst cornlr of said SE I SE I and thc TRUE pOItiT
0F BEGTNNINGi thlncc il ol. zo, l4'E ! distance of l3lE.24 fcatrlong the rrsterry lrne of srid sE I sE l,'!rn! baing rlong thetpprorinatc ccnterlinc of county rord l{0. 308; thencc S gg. 43,49'E r distance of 93t.33 fcet rrong thr northerry lrne of rrrdsE I sE I to t I ln. dilrretcr lteal reblr lnd rlloy clp larkcd
'TCB Ine. 15651'for the Northeastcorner herrof3 thence S Ol. 33, 5g,l' t distrncc of 1315.07 fcet rlong thr yrstcrly llne of that certaintrlct of lrnd descrlbed rs.the cast {CO feet of the SE I SE I otsection 8, ln Township 7 'outh. Range 9s lrest of the Eth p.il.. {nr desrce ordcred ln Distrlct Court, document rnd rec!iption ilo.?03706 rs rGcorded rn Garfield county, cororado, to r I rn. dirnetcr3tttl rcbar rnd r'ltoy c!p !t!rt:d .TCB, Inc. lS65l" ln thc routhcrlyllne of rald sE t sE l; thenec H gg'ag, ll- lr r dlstrncc of 9zE.ogfcet rlong th! 3outhrrry rrnc of srrd sE l sE l to the point ofbeglnning tnd cont!{nlng Zg.OS rcrGs of ltnd.
And also:
ErcePting thrt prrccl of lrnd descrlbed ln r dccd rlcordcdln Book 64 rt Prge 398 of tha rccords of the Glerk rnd Recorderof Garfiald County. Colorrdol Dorr partlculrrly descrlbed rs:bcAinning.t the 114 Corner between Scct{ons l7 rnd lg, foxnship7 South. Rrnge 95 llestt thlncG North ?O fccti thenca Erst t0 fcetto ! new cornrr; thancc r{orth I4 rods; thcnce Erst 23 rodg;thence south ri rodsr thancc lrcst 23 rods to the nr, Gornrr,cont!lning Z.0lZ lcrrsi rlso Grcrptlng the SE ltq ilE ltq ofSrctlon 9. Toynshlp 7 South. Rangc 9S lttst.
nL-/
Erccpt!ng rlso thrc! p!rccls of lrnd rs deseribed bclow:
l) A parcel of lrnd locrtcd ln Srctlons l3 rnd 24 Township 7 South,
Range 95 llcst, rhd Sectlons l8 rnd 19, Township 7. South' llngt 95
rest of the 6th Prlncipal lleridirn, County of Garfield, Strte of
Colorado Dorr prrticulrrly describLd rs foltoHs:
Commencing rt the ilortheast corner of raid Sectlon 24', thence
South 49'43'44't{est r distange of 2877.91 fcet to the true point
of beginning, sald polnt being r point on the tlast Boundary of
Tamarisk Subdivision Filing ilo. l. Parcc'l Ci thence rlong the llortherly
boundary of said Parce'l C the following GoursGs: South 49'16'16'
Erst r distrncc of 420.00 fceti thrncc l{orth 40'43'44" Erst r di3ttnce
of 157.55 fcet to ! point of curvaturci thencc rlong the rrc of said
Guryc to thc rlght having ! radius of 520.00 fcet tnd I ccntral rngle
of 35'09'09". I dlstrnca of 319.03 feeti thcncc llorth lC0?'07'ltest
r dist!nc! of 122.49 fcet3 thencc South 88054'48'Erst ! dlstrnca
of 521.31 fecti thrnc! South l'05'12'llcst t d{3t!nsc of 100.00 feeti
thcnce'South 88'54'48' Erst ! dist!nca of 60.00 f:ct3 thtncc South
l'05'12'llest r distrnca of 7ll.?9 feet to.thr South Erst corntr of
said Parcel B: thenc: rlong the l{orth boundary of Tamarisk Subdivision
Fillng l{0. I PrrccI A thc folloring GoursGs: South 88o53'39'East
I distanee of 30.45 feet to I point of curvtturei thtnct rlong the
trc of ta{d curye to the left havlng ! rrdius of f20.00 fcet rnd r
ccntral rnglc of lO'Ol'22'r. dlstrnce of 73.47 feat to I polnt of
tangencyi thense rlong sald tangent llorth 8l'04'59'East r distance
of 447.{7 feet to r polnt of curvlturci thence rlong thc lrc of raid
curyc to the rlght havlng I rrdius of 500.00 feet rnd ! ccntral rngle
of B'55'01',. distrncc of ?7.8? feet to I polnt of trngtncyi tt.n..
rlong sald trngent north 90'00'OO' East t dlstancc 22?.14 fcet to !
go{nt of curytturei thcncc rlong thr rrc of sald Guryr to tha left
hrving r rrdius of 14u.00 fcct tnd I ctntrrl rngrc of l0'00'00',
r di3t!nce of 76.79 fcct to the Southwest corner of Trmrrrsk Sub-
divigion Fil ing No. I Parccl B; thencc rlbng the l,lcst rnd ilortherly
boundtry of srid Prrcel I the follovlng cours!s: llorth l'05'lZ'
East r dist!nc! of 2305.64 fceti thence South 88'54'{8'Errt !
dist!nce of 590.00 faet; thcnct South 1'05'12'llest r distancc of
478.30 feet; thencr South 88'54'48'Erst I dlstancc of 155.54 fret;
-8-
thence South 57'00 fcet; thence fiorth
33'00'00" Erst ! distrncG of zlz.69 fcct; thcnce North sTcoo,oou
rast ! distencr of 110.00 fcet; thenee North 33'oo'oo" East r
distance of 487.15 feet to ! point on the l{orth boundrry of said
Parcel B; thencc fron sald Parccl B ilorth 52oOO'OO'llest r distrncr
of 505.{0 fcet; thcnec ilorth 22'24'48" }lest r distlnce of lllO.Zz
f:et to the Southerly Boundary of r power G!sement !s drseribcd by
rccrption nunrbers 209185 rnd ?11504 of Grrfield Countyi thence
rlong the Southerly boundary of raid poH!r line G!srnlnt South
54'38'{l' lJest (South 52058'39n }last) r dist!ncr of 3oB.zo f eeti
thcnce South 40'43'44' ]Jest (South 39'20'31' llest) r distance of
rzbo.gs fcct to the truc polnt of beglnnlng contalnlng {,614.i38
rqu!r! feet or I 05.93 acrls.
2l'A parcrl of lrnd locrted ln Srctlon 19, Townshlp 7 South.
Range 95 llest of thc 6th Princlpal l,ler{dian, County of 6arflcld,
St!t! of Colorrdo. ilorG gartlculrrly desc,rlbed ts follous3
Conrmcnc{n9 rt the ilortherst cornrr of thc North!!st onr qurrtcr
of Section l8; thcncc South l'05'5?'llcst rlong the Erst llne of
sald l{orthaast one quartrr ! distrncc of 1.285.{3 fc:t: th!ncr
continulng South l'05'52" Ycst rlong said Erst llne I dlstrncc of
1.350.12 feet to. polnt of curvc thence rlong thc trc of rald Gurve
to thc rlght havlng ! radius of 500.00 fcet rnd t centrtl rnglc of
59 sti'08". A distanee of S?2.75 fect to I po{nt of trngent, thencc
touth 6l'OO'OO'llest rlong rrld trngcnt ! dlst!nce of 1.013.99 fcet
to r point of curvc thence tlong thc trc of rrld curvG to thc lcft
hrving I rrdius of 45O.OO fcat rnd I centrrl rngle of SgiSf,SS..
A distlnsG of 470.44 fect to l polnt of tlng?nt thaner South l.05'05"
9est rlong sald trngant ! distrnca of 1.300.71 fcet to I point on
thc fiorth linc of the llorthcrst one quarter of srld scctlon l9;
thcnca routh 0'56'34'llest ! distrnca of 570.02 fcet thence north
89"03'26'llest r distrnce of 40.00 fcet to the true polnt of bcainning
thcnce South 0'56'34'llest r dfstrnce of 755.88 fcet to I polnt of
curvci thcncc rlong thc rrc of lrld eurya to thc ri9ht. hrvlng t
rrdius of 120.00 fcrt rnd I centrrl rnglc of rg'19'oo'. .A distance
of 581.42 faet to r point of trngrnt, thence south Eo'15'3q'ltest
llong rrld trngent r dlst!ncc of 2'500.85 fcet to r polnt of eurve;
o
Erst I distrnce of 340.25
o
'00
-9-
thcnce rlong tht lrc
o
of rritt Gurv! to tht r{9ht. having t rrdius of
a?0.00 faet rnd I ccntrrl rng'le of l3'22'54'.. distrnee of 98.09
fcat to r point of trngenti thcnce llorth 85n21 '32', llegt rlong sai d
trngrnt ! dirtancc of 108.35 fact to I point of curvCS thcnce rlong
the lrc of srld curvc to the lcft. hrvlng I r.dlus of 580.00 fcet
rnd r ccntrrl rnglc of 27'05'33", r diltance of 274.?6 fect to !
polnt of trngent; thence South 66'32'55' llcst rlong srld trngent
I distrncc of 207.53 fc:t to r polnt of curv!'! thenc: rlong thc lrc
of said curve to thr rlght having t rldius ol 420.00 fcct rnd I ccntral
rngla of l3'27'05', ! distlnc! of 98.60 feet to ! point of trngent;
thencr South 80'OO'OO'ttest tlong rrld tangent r dist!ncc of ?77.31
fect. thcncc l{orth loOS'12'Erst a distrnce of 2305.6{ fcst;, th:nce
South 8B'54'48" East I distanec of 590.00 fcet3 thGncc South l'05'12"
yest t distancc of {78.30 fcati thlnct South 88'54'48'Erst r distanee
of 1S5.54 fcrt3 thcncc South 57'00'00" Erst r dlstrncc of 340.25 fceti
thencc l{orth 33'OO'OO'East ! d{st!ncr of 272.69 fcet3 thencc l{orth
97.OO,OO" tlest ! distrncc of llO.OO fecti thence North 33'00'00" Erst
I distanc: of {87.46 feat3 thencc South 65'30'00'Erst r dlstrnec
oI 1.159.S6 feet; thence North 73n10'24'East ! distancc of 395.19
fcet; thrnc! South 50 OO'OO'East r distrncc of 175.00 fceti thtnce
South 79.OO,OO, East r dlstancc of 125.00 fceti thcncc llorth 53o00'00"
Erst r distancc of 20O.OO fcati thencc South 90'00'00'Erst r distance
of 3SO.-OO fceti thrncc South 63'00'00" Erst I distrncc of ?27.74 fcet
to thc truc polnt of beglnning, contrlnln9.5.2e5,409 squarc fcrt or
143.375 lcrcs.
3) A prrcrl of Irnd locatcd ln Section 24. Tornshlp 7 South,
Rrnge 96 yest of the 6th Princlpal t{erldian, County of Grrfleld,
Strtc of Colorrdo, DorG prrtleulrrly dcscr{bed rs folloHs:
Cornmencing !t thr llortheast Gornlr of sald Section ?4i thence
South 33.20,24, ttest ! distance of 3.108.29 fcati thence South
57.06,Zl' trest r di stancG of ll .76 feeti thence t{orth 32'53'39"
tttst r distance of 40.00 fcet to the true point of bcglnning; thenct
fiorth 49.1G,16. ltest I di st!ncc of 808. ?5 f cet 3 thencc llorth 40o43'44"
Erst r distancc of 24O.OO fcct; thencc South 49'16'16'Etst r distance
of 4?O.OO feati thence llorth a0'tl3'44' East r distance of 157.35
fdet to r point of curyci thencc rlong the lrc of srld curvc to the
right, havlng I rrdius of 520.00 fcct rnd t ctntral lngle of 35'09'09",
r dittrncr of 319.03 fceti thtncC t{orth l4'07'07' llest I distanee
-10-
of 12?.q9 fcct; thence South BBo54'18" Erst r distrnce of 524.31
feet; thence South l'05'12'llast t dlstancc of 100.00 fcet; thence
South 88'54'48" Erst I distancc of 60.00 fcct; thenc,c South l'05"12,,
llast r disttncG of 711.30 feeti thence ilorth 88o53'39' llest ! distrncr
of 193.63 fcet to r point of curyei thencc tIong thc trc of said
Gurvc to the rlght, hrvlng ! rrdius of 3lO.OO fcet rnd I ccntral
rnglc of 20'00'00", t distrnce of 108.21 fcet to r polnt of rlvrrse
Gurye; thence tlong th! !rc of rald curvG to the lcft, hrving !
rrdius of 390.00 f:at rnd t cGntral rnglc of 20'00'00". r dirt!nse
of 135.14 fcet to r point of tangenti thencc North 88'53'39" tlest
rlong srid trngent I distancc of t10.00 feet to r polnt of curye;
thance rlong the lrc of ta{d curyr to the laft, havlng I rrdius of
390.00 feet rnd t ccntral rnglc of '34'00'00", . dlstrnc: of 231.43
fcrt to t polnt of tangcnti thencc South 57o05'21'tlcst rlong taid
taqgent r dlstlncr of 11.75 fcct to thc true polnt of beglnnlng
containing 762,093 rqurrc fcet or 17.495 rcres.
Irlith the follcwing e<cepticns vtr-ich shall be witlr-in the bor:ndaries of the Consoli-
dated l4etrcpolitan Oistrict.
D(CEPTIOIS:
Parecl I
BATTr-DOIT CREE\ \rlll,\E, SEgflOs OIE,
erd Fecorder't Offie m Ncn'enber 16,
fntalning &.3I acrcs rDrG or less'
Pareel 2
BAIITI,EPINT CH5EK VILIAGE, SE,CIIOi Tltf'
anl Re:order'3 Office crt APril 5, 1982,
Ccrrtainirg 33.61 lcres rDrG or lcss.
Pareel 3
I,DrrJt{EtT CREEX VILIJAE, SECUCN
arl Recorder'l Offie cn ldlgust
Cmtr,inirrg 81.82 acres Eore or
Parccl 4
lo;Jr,ls.T CREEI( vIIl E, scnol ltlf,,
arrl Recor6cr'3 office crr OctoEr 5,
Co.ntainitq 50.29 esres rDre or IGss'
Parecl 5
llll,Lo.l CREEK \IILIAGE, SEcflotr CNE, es
Recorder'l Offie cn tlo.'etrEr 9, 1981,
Ccntaining 26.70 tercs nDre cr lcss'
as rceorde! in tlre C'arficld Cqrtty Clcrk
198I, Resepe.icn Nryrser 321539.
as recorded in the
B,e*pticn Nuftcr
Garficld Catrty Clcrk
326397.
CNE, ts rccorCteri in tihe Garfield 6:nty Clerk
ll, l9BI, Recepticn l+,rlber 3l8OO4.
bss.
as recorie! in ttre GarfielCl Ca.rrtY Clerk
198I, Rec.cpt.i*r llrrber 319919.
r,ec'orita! in the Garficld Co,rnty C1erk enl
Reoeptim Nur$ar 321237.
-1 l-
7L-
Parccl 6
JACX EXET VILLAGE, EIIJIG liD.{, es rcorda! in tJre Garficld Co:nty Clerk ryr!
Rccorder'r Offie cr July 18, 1983, nccept.icn Nr.rtrer t44}b6,
Ontaining 5.m acrcs nDrc or lcss.
Perecl 7
L.H. Sf. JCl.l HIDDIJ SCHEL, rs reorde,l in the Garfield Cnty Clcrk ad
Eccorder's Offie crr Decenber 6, 1983, BeccpLicn llrrn$er y79L2.
Cmtr.ining 11.30 rercs rDre or lcss.
Peree1 I
Lot, l, Block I of A ngPBT OF RntER BLUr" FILIIE 9, !s reoriled in lfie Garfielit
Co,rnty Clert ani Recorder'D Office ar ltay 7, LgB4-, Reeeptim NuutEr 3520E2.
Gntr,i-rring 3.99 acres rDrG cr lcss.
Pareel 9
ltrc p.:tlrGret qluaJ:ter of tlre lprtJrsst qlar^ter of Sectim lB, Tamdrip 7 So,rth,
Iange 95 tfest of t}e 6t} Princioal lleridian. Execptirg tlc rprtlrerly {O.O0 feetu5 the estcrly 4O.m fcet tfierof.
Ccntairtirtg 37.67 acres rDrre cE less.
Parccl l0
A lnreel of lan! situated in ttre lprt}rllest qJart cr of, tlre rpr.thtcst qrarter of
Scctim l?, lbnship 7 Sorxh, RarEe 95 west of thc 5t}r Prineipaf lrerid,ia.n anlbing rDrc partiotlarly &scribed in a SFciaI t{a:ranty Deed to a hblie t}tility
recordcd in tlc Garfield Carnty Clcrt ani Recordcr'3 Offie o July 7, l9Bl,
Besepticn Nrsrber 316688.
CcntainirB l.@ a:rcs rDre cr lcss.
Perel ll
Thc a:t}cast gulartcr of tJre nnhcrct quartcr of Scct.icr B, Irrrrship 7 tortJr,
na.:,tge 95 tJest of tlrc 6t}r Principaf llcri{ian. f;tteeg,tirg t}e cast tl@.m fcst
tJrerrcf endl tlrat part of o)nty roa! tD. 3OB des:ribd as fbllo*=!
Bcginnir€ !t tJ! ronh*est corDer of 3aiil rartlreast guartcr of tlE rqrtlpast
gJartcrt
Therrec almg tJrc esterly liru of taid nrtlrcast grrartcr of tlrc n-rtlcast
guarLcr N 0l'20'14'E a d.istrnce of 1316.24 fcct to th rprt}r.pst collEr of saiil
rc'.rtheas'- quarter of the n:tlreast $)attertltran- alorg t}le rnrt}crly lirr of raiil ca:tlreast guarter o,f thc loJtlre'et
qoartcr S 88'43'{9"8 a distrnee of. 22.OL fcct;
Zterre alorg tle a-rcterfy lirc of raidt or;rnty tuait tD. 3€ S @'59'2ltl a
d.ista.rcc of 1316.2I fcet to tllc n:therly llne of raiil nrtheret quarLcr of tltcjo;tlarct quarter;
ltreln alcng raidt ra.rtlrcrly Lirn N B'{8'll.}l e d,istarp of X.01 fcct..
Parcel lI ccrrtaining 27.26 acrcs rDrE or lcss.
Parcel 12
A pareel of lanit tituated in t}re rort}r,lest guarttr of tfie n:tlrrrest goarter of
tc:tiar 17, Tomship 7 So:t}, Fange 95 tlest of t}re 6tlr Prirripef ltridian ant
bcing nDrG lf,rtianlarly describe! as foll*r;
Baginrirg .t tlE rDrtj'r,,pst corrEr of tlE .rut}r half of tle rprth*st guartcr of
tjrc rc.rthb,"st gratter of Eid Sc.t-icn 17;
ltren- alorg tic rprtlrerly lire of raiCl n:tlr helf of tle rprt}r.pst guattcr of
tJrc ca:tlrrest qrartcr S B'65'33'E e distrnce of 1324.€2 feet to ttrc esterly
firE of taiCl rortlrrast grrartcr of t}e nrth.lest gr.lartcrt
ltrcrrc alcng taiCl castcrly lir: E m'55'58'Ul e distanrce of 659.65 feet to tlre
to:tha-eet @rDer Qf 3riA rprtlr.est quarLcr of t)re loJt}Ir€st guart.ert
-12-
o
;-=" almg tlrc ro:tlr!), ,t r o,f Daid rortlruest **Of the aortlw=t
guarLer N 88'{5'02'U' a &istane of $6.119 feet;
ltrcrre N 00'53'29"E a dist-anee of 4I?.45 fcet;
Ttrense N 88'45'O2"tf a d.istrnc.e of {17.45 fcct to t}rc resterly lirc of laid
Sccticn l7;
thence almg eaill rcstcrly line N @'53'29"E a distrnoe ot 242.Ol fcet to t}e
POINI CF BEGI}NDE.
@rtaining 16.05 acrcs rDrG qr less.
Parcel 13
A parcel of Lenil situated in Lo't. 4, Sectiqr 18, To.nship 7 Santn, Range 95 lJes.,of tle 6th Princioal lleriilian ard beirE tore partieularly &s:ribed in a O:it
Cla.irn Deed rccorite'J in the Crarficld Ca:nty Clcrk and Recor6er'. Offiee ar Fiay
14, 1981, Reeep',icn l{lnber 315095.
entrini-rg l.l7 ecres nDre 6 lcss.
Pareel 14
A parsel of lanl situated in tte n-rtlrtrest guartcr of tlre rort}cast guartcr gf
6cc't.io 19, fbnsh.ip 7 SorUr, Ra.'rge 96 t{est of t}re 6t}r Princioal Heridian ard
bairrg rDr" partieularly described in a +eeia} lJerranty hed rccorded in tlre
Garficldl Cornty Clc* anj Recorder'D Offie ar Septsrrber ll, 1981, Rccp-icn
lih:rbr 319C76.
@ntr5ning 0.23 acrcs trDrc or Lss.
Prrccl 15
Gman=ing, !s a pirn of rcfcre;r3e, et thc cast.guartcr corrlr of tcetlor 7,rb*ship 7 Sqlch, Rarge 95 Hest of tJrc 6tl prGeiF-x.iidi;-frsn *rich theEtLlr!'et cotncr of sii! scc-ticn 7 bears s mto'37,} e distice of 2639.Ufect;
ltranee s 37'25'57\t e dist-ance of t612.{o fcet to a pirrt qr t}rc Etcrlyright-of*ray rrT"_ ol r Ernty roadt, tlre porM cF BEGrtirTttlG;Ther;c alcng -"i.d nPt-ofray tle_follorjag ci.r* if ij .-r*cs rrrl r{ietlnces:f ) N l0'21'59'i{ a d,istrnce oi ff .?6 feet - --)
2l N Ot'25'3O1r a distrnce ot. y.69 i;3) N O5'28'ZZ'E a distrre of 166.82 fccta) N 03'46'23'E ! aistenee of llO.CS fGct5l N 02'14'35.E e rristane of 5{.42 f;6, N Ot'24'22'T a dicgs.16 of 53.63 icct7) N 14'25'53\f a distant of 55.5? fe€t8) N 29'02'O{..t{ e distanoe of 95.63 a;;9) N 6l'15'{9'U a distane of 90.62 a;al0) N 7l'49'O4'1{ r Aist$rce of 73.81 fc.tff ) N 76'LZ'OI1f a distane of 169.94-i*t,ltrencc +pr+i"q-caid right-of=ray !_m'57i2s.I. e aistrnee of 6g6.5o fcet;Ttrcn- s 87'39'22"E a diitrnce of'359.9r f; t" tr,. ForNT or BEGu[\:NG.Contrining 3.21 tcres EErc cr IGss.
Parcel 16
Bcainningl s ! Firtt of referenee,Totnship 7 So:tlr, Ra,r3e 95 nest ofta.rthcast 6rDer of sai6 Sect_iar 7fecr-l
-rt !h! ??r graner 6mer of Secr.im 7,
l}re 6tlr itp"ip"f Heriiian, frqn *riGr tlrebars s @'50,57,I' a aistanct Jf flg.ee
ltrcrcc s ?9'25'08'r t aiste',c.e of 2689.97 fcet to a pint cn t;.'e BattlcrerL r€saP.U.D. bD5aty, tlre pOIM Cf BELtiNItG.Thc'ce N 8l'o8'lr.}J a dista*e of 3G0 fcet ercrg eid p.u.D. lirE to thcScutJraretly ratcrlirp of t}lc Glorajb Rivcr, '
-13-
l'herre ro*)rcrly *r-otQhc st half of ra.id scctian rQ, alcng caict
tio,rthae,terly uaterli.re to e lnirrt 618.8 feet, !s lnlasurd at ri9rt tngles,
rDrthcrly fign the tDrth lirE of the n:th half of, Eiit S.cticn 7; thenee S
88'17'll'E a d,istrnca of 56.37 fect to a lnint cn tJE Est litE of tlr: Gast halfof raid Scelicn 7;
Thcnce lart}rcrly alorg taid *st fbc o,f Ore ast half of .eidl Ert-lcr 7 a
Ci.strnc of l2BO fcGrt. to ttrc FINI CF BEIiWI}|G.
parcel 17 [Area 5-3 included into Battlenrent Mesa Water and San:itaticn
District in 1988, to wit:l t
APARCELoFLANDLocATEoINTHENoFTHEASToUAFTERoFSECTIoNtT'ToWNSHIPT
SOUTH. RANGE 95-HEST OF THE efi pnfNCIPAL )'IERIDIAN. GARFIELO CoUNTY'
coLoRADo. BEING },loBE PAFTICULARLY oESCRIBEo AS FoLLo|{S:
COH}.IENCING. AS A POINT OF FEFERENCE. AT THE NORTH OUARTER CORNER OF SAID
SECTION t7, A B.L.H. BRASS CIF.
_TNOI
HHENCE TI'IE NORTI'.EAST CORNEF OF SAIO
SECTIoNlT,AB.L.H.BRASScAPBEARSSEE48.ll.EAoISTANCEoF2652'18FEET.
}IITH^LLBEARINGScoNTAINEoHEFEINRELATIVETHEBETo:
THENCE SO8 Os'OO'E A OISTANCE OF I7BO.B8 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT-OF-}IAY OF EAST BATTLEHENT PARKHAY' A PROPOSEO ROAD'
ilro porxT BErNG THE PorNT oF BEGTNNTNG:
THENCE ALONG SAIO RIGHT-OF-}IAY THE FOLLOI{ING FOUH (4) COURSES:
1 . 448.34 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHI{EST' HAVING
A CENTRAL ANGLE OF 37 ?'AIA}., A RAOIUS OF 686'62 FEET ANO A CHORO
BEARING XAO NE'?2.E A OISTANCE OF 440 '42 FEET
2. N22 oo'oo'E A OISTANCE OF 491 '47 FeEl '
3. 331.89 FEET ALONG THE INC OT A CURVE TO TI'IE RIGHT' HAVING A CENTRAL
ANGLEoFIT?l.06..ARAoIUSoFlog5.g2FEETANoAcHoRoBEARING
N3O 4O'33'E A OISTANCE OF 330.62 FEET'
4.gz,t?FEETALoNGTHEARcoFAcURvEToTHERIGHT.HAVINGACENTRALANGLE
OF 92 08'55'. A RAOIUS OF 2O.OO FEET ANO A CHORO BEARING N85 25'33'E
AoISTANCEoFzS'EIFEETToAPoINToNTHESoUTHERLYRIGHT-oF-HAYoF
PROPOSEO SIPPRELLE DRIVE.
THENCE ALoNG SAIo PRoPoSED RIGHT-oF-WAY THE FoLLol{ING T}lo (2) CoURSES:
1. S4B 30'OO'E A OISTANCE OF ?74.55 FEET
2.293'3EFEETALoNGTHEARcoFACURVEToTHERIGHT.HAVINGACENTRALANGLE
OF 49 30'57'. A RADIUS OF 339.48 FEET ANO A CHORO BEARING S23 44.31'E
ADISTANCEoF2E4.34FEETToAPoINToNTHE}TESTERLYRIGHT-oF-}IAY0F
COUNTY ROAD 308.
THENCEALON6SAIORIGHT-OF'T{AYSOlOO'57'I{AOISTANCEOFg4O'OOFEET:
THENCEoEPABTINGSAIDRIGHT.oF-I{AYN8846.oo,l{AoISTANCEoF307.31FEET:
THENCE N36 09'13'W A OISTANCE OF 370.58 FEET:
THENCE NgO OO'OO,I{ A DISTANCC OT AAE.3O FEET TO THE POINT OF BEGINNING'
CONTAINING 17.23 ACHES HORE OR LESS.
-1{-
EXHIBIT
MaP
nL-/
o
U
H
C,)Ho
a
H
P
E
E
H
a
ffi
C,^
Nq
sS
\
il s-...
SN
- \\ C.'
NN
NN
\.\ \)\N
Nil
t
o
Saddleback lletropolltln Dtatrlct
Budget Docuncnt
For the Year indea Decenber 3t' l99O
t9-Dec-89
EXHIBIT D
1990 S}.ID BUDGET
I
Seddl'ebeck lletropolltrn Dtstrlct
Budget Document
For ths Yeer iiJ"a Dscenbcr 3t' l99o
l9-Dcc-69
ActurI
1988
(6, {62)
3rsStrttta'
Budget
1989
Eetlraetod
L2/3Lt89
Budget
1990
Adopted
Lzt LztA9
31 6g0
9r 93?
513
2o 987, too
39, l70
oo[onoPerat Beg Fundg Avall
NonoPeratlng Revenue
ProPertY Tlxca
Spetlftc oYnerehlP Tlx
Borrd Proeeede
Transfera In'
Totel NonoPeratlng Revcnue
Total Bev & Funde AveLl
HonoPeratlng ExPenaea
Note PrlnclPel
Note Intereet
Treaeurers Fees
Plant Acqulaltlon
PLant Acquieltlon
ContlngcneY
o
o
o
o
3,560
2o0
o
lor 37O
3,560
2o0
o
o
t4,33O 3r760 3, 036.?2O
3.760 3, O{Or 4OO
o t{,33O
llrter
Sercr
o
o
80
o
o
o
o
o
o
o
o
o
o
9.260
70
o
o
3, ooo
t4,33O
o
rlclltr.tt
?12, Oto
lo. ooo
7. l2o
-taalfltff
? L2, OLO
5. ooo
31 360
Ittstrt!'3
o
43, too
200
t, 653, 3OO
I, 333, 8OO
lo, ooo
80 3, Oao, aoo
Totll Debt Service ExPend
llonoPer Endlng Funds Avrll
Operatlng
ToteI
& NonoPeratlng
Fundc Avallablc
31 680
59r ?ao
3sr3tatatl
o
tatlrtSsts
2,5921 59O
ll.167
2Ar 93?
3l3tt3!ll3
..2r '92.39O3.833
9.937
!aaSat'3-3
o
Aaeeseed
Opereting
Velultlon r
ltlII LcvY
AeEeesed Yaluetlonr
Debt Servlee HllI LcvY
n\- -/
o
o
EXHIBIT E
1990 BMWSD BUDGET
o o
Battlenent tleea tlater rnd Sanl'tetlon
Budget Docuoent
For tho Ycar Endcd Deceuber 3tr
At tzlo3l89
DLetrict
1990
ActueI
19Aa
Nonoperet Beg Funde Avell 7Br 960
Budget
1989
34,74fl
7 .919l, BOOg, {52
o
t8, l7l
52r 919
o
o
l5r a3o
2r, tzo
16()
15,159
52r 919
o
!33!t!!!ra
I
21 9ll, ?8O
12.283
35,8O2
rtI-fIa!at
2.911.78,0
2.717
7 .9L9
fattEa!f!t
Ecttnatod
L2/3Llg9
39, O2O
?.833
672
17, 063
2r aoo
27 r97O
66,99O
o
o
aAt 3O7
37 15,23
160l, ooo
Propoerd
Budgct
1990
o
Honoperrttng Revenue
ProPertY Tsxee
Speclflc OrnerehlP Trx
Trangfere In
Intereet lncoue
Total NonoPercting Bevenue
Totel Rcv & Funds AvaLl
l{onoperetlng ExPeneee
llote PrlncJ.Pal - Hator
Dlote PrlnclPsl - Sevsr
llote Intereet - Hater
Note Intereet - Serer
Treaeurers Fees
ContlngeneY
2Or 5{9
tr 3{o
o
o
2l, 889
loor S{9
24r721
32,5OO
?oo
o
37,-42L
43.128
79r286
ttr:ttr!-t
39, l{l
2? aoo
39r asat, loo
92, o95
82, O95
o
o
30,665
{or 650
7AO
lo, ooo
TotaL Debt Servlce ExPend
llonoper Endlng Funde Avril
Operatlng & llonoPerrtlng
Total Endlng Funda Avrll
ooo
66,99O 92, og5
28.?lg o
raa!l!tata tral"tttS
lr 28,3.670
9.597
{1,128
3fE3tt!ttE
4.2e5r 670
9.133
39, t{l
3833!!lt!3
Aeeeesed Valustlont
Operatlng lltll LevY
Aaeesaed Yaluatlonl
Debt Servlcc llJ.ll LcvY
rl
!/
r. 't,
,,6
Battlerrent tlesa llater and SanltatLon
Budget Docuroent
For the Ycar Ended Deceober 3t'
At tzto1la9
Acturl
1988
Budgot
1989
Ertlnrtod
L2/7Llg9
Propoaed
Budget
l99e
lo, 156 35r 858 40.26,6 28.r 749Beglnnlng Funde Avall
Operatlng Revenue
ProPertY Taxes
Speclflc OYnershiP Tax
llater Salee 'o
Sever Servlce Fecs t
lllece.IlBneous Incoue
Interest Earnlnga
Total OPeratlng Revenue
TotEJ, Rev & Funde Avail
Operatlng ExPeneee
Acoountlng
Audl,t
Election ExPense
Insurence
Lega.l'
Legal Notlcee
!llecelI BneouB
Offlce ExPenee
Gen Operatlng & BtIlJ'ng
Sever Treatnent t
Hater Purcheees t
Treasurerg Feeg
Dlrectorg Feee
Trane{ere Out
ContlngencY
Total Operating ExPend
Operat Endlng Funde Avall'
89r 9{8 87.1O2 99.236 tlz r 8'28
loo, toe t23r 260 t39,322 146r3?7
30,153
3,690
34.727
12,- o?o
574
a.73O
35,8O2
2, OOO
29, ooo
t6, ooo
600
5, OOO
33,422
2.2L9
44.2OO
l31 5OO
t5
31 9OO
{1,128
2,3OO
51, 4OO
20.2OO
200
2.600
'9, sta
3, OOO
o
2, O97
6r 33O
o
55
327lr4l4ll, {66
30, {39{o{
200
I, OOO
3, OOO
o
5, OOO
6, OOO
200
300
600
3, OOO
t6, ooo
25, OOO
600
I, OOO
. g,152
{6, to8
7, OOO
3, OOO
o
{,8OO
6, OOO
2()0
o
o
l3,4OO
l3.5OO
{l,3OO7lo
800
t7, 063
3, OOO
5, OOO
3, OOO
500
5, OOO
a, ooo
2()()
o
o
lo, ooo
20.2OO
{8r 95O
a20
I, OOO
39, a54
8,453
64.216 t23r 260 I lo, 7?3 146137?
35,858 28.749
NOTEI Iater lnd eerer rcvonuesr and expendltureBr lor 1989 reflect
eleven-ronth bllltng perJ.od January thru lloveubcr, t989'
llater and eere" r"".rrlt", and experdtt.p.er for t99O reflect
tve.Ive-uonth bllltng perlod Decenbor, 1989t thru
Novenberr 199O.
oo
o --\
.)
EXHIBIT F
DRAFT 1991 C},ID BUDGET
nL-/
DATED UETROPOLITAN DISTR
o
ICT
Estimated 1991 Budget*
Beginning Funds Available
Operating Revenue
ProPertY Taxes
SPelitic OwnershiP Tax
water Sales
Sewer Service Fees
Miscellaneous Income
Interest Earnings
DeveloPer Contribution
Tota} OPerating Revenue
Total Revenue & Funds Available
Operating ExPenses
Account,ing
AuditElection ExPense
Insurance
LegaI
Legal Notices
IliscellaneousOffice ExPense
eenerat O-Perating e BiIIing
Sewer Treatment
Water Purchases
Treasurer's Fees
Director's Fees
Transfers Out
ContingencY
Total OPerating ExPenditures
Operating Ending Funds Avail
Proposed
Budget
19 91
84,809
o
CONSOLI
59,080
3,770
229 ,400
117, L00
200
5,500
-0-
425 , L50
510,959
10,000
5r500
1r500
10,000
11 r 000
400
-0--0-
19,000
108,900
21.3,950
1r400
2,200
78,524
4',1 .48s
5l-0 , 959
-0-
*A simple combination of the 1990 budgeLs of SMD ANd BMWSD.
[*- r'r ]
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NonoPerating Beginning Funds
Available
NonoPerating Revenue*
ProPertY Taxes
sPeiifia ownershiP Tax
Transfers In
Interest Income
Total NonoPerating Revenue
Total Revenue & Funds Available
NonoPerating ExPenses**
Note PrinciPal - Water
Note PrinciPaI Sewer
Note PrinciPal - Rec '
Note Interest - Water
Note Interest Sewer
Not'e Interest - Rec '
Treasurer's Fees
ContingencY
Tot.al Debt Service ExPenditures
NonoPer Ending Funds Available
Ooerating & NonoPerating"il;;i-;iai"g-;"IJ=-e"ulrable --9:-'
Assessed Valuation: 6 '878 '26Q
Operating llil1 LevY 10 ' 04 3!
-59-'!-8lL
Assessed Valuation: 6 '878 t26O
Debt Servi-ce l'Iill Lerry 7 ' 13!i
___J3-91L
*Although Bond Proceeds of $2 '987 ' 100 are shown
budget, no noia"-"irr be "oia-by CMD in 1991'
**Although Plant Acquisition for water-and sewer
in the 1990 ir'ro U'Ogett^lo such capital proiects
i"a"iiuXen bY CMD in 1991'
3,680
49,078
2,913
7 8 ,624
L,l-00
L31,7L5
135 r 395
-0-
-0--0-
30,665
40,650
43, 100
980
20,000
92,295
-0-
in the 1990 SIID
' total $2,987 r 100
wiII be
o
ALKIN
o
He.nnnrcrrABD L.Er.RBrNc C
BOBEBT L.EIRBY
JAI{ES S. BAILEY, qIB., P.C.
GILEEBT tr. MCNEISII, P.C.
ItrAYNE B. SCIINOEDER, P. C.
WENDY J. IIANRING
BBUCE E. DEACON
BICETRD L. SEEABER
MATTHEW T. DALTON
EDWARD .I. BLIESZNER
JT-}IES SEBVEN
VIRGINIA MOSES DALTON
RANDALL M. LIVINGSTON
TED R.BRIGHT
DAVID M. SHEBI{AN
OF COUNSEL
E, IIAROIJ) CAIAINS
RUSSELL P. TEAMEB
THOMAS T. oRIMSIIAW
MICHAEL E. BEIDY
s, Kneunn, GntusrrA\tr &
A LAW PARTNERSIIIP
ING LANGDON J. JOEGENSEN
NOBI(AN F. TBON
DEBBI S. RICE
DAVID T. WEXI,IB
PA!(EII\ A. GIBSON
EICILA,ED .I. GOONAT
SCOTT D. TOEBBEN
FORTI'NE B. MABTINEAU
DANIEL A, SWEETSET
CONBBSrcNDNT
MISS ND YN SCOYT
P.O.rcX Aru60
STEAUBN SPBINGS, CO AOS
(sG) s7e-6063
INCLUDING PROFESSIONAL CORPORATIONS
SUITE SAOO
ONE UNITED BANK CENTEB
17OO LINCOLN STREET
DENVER, COLORADO aOeOS
TELEPTToNE (aog) oge-saoo
[AX: 303 439-S3a
September 7, 1990
Mr. Andrew McGregor
Garfield County Planning Office
Garfield CountY Courthouse
L09 Eighth Street, Suite 303
Glenwood Springs, CO 8l-601
Re: Revised Legal DescriPtion
Plan for the Consolidated
for the Consolidated Service
Metropolitan District
Dear Mr. McGregor:
Recentlyr w€ submitted a Consolidated Service Plan for the
consolidation of the Battlement Mesa Water and Sanitation
District with the Saddteback Ivletropolitan District. We have
discovered that there are a number of errors in Exhibit C, the
legal description of the Consolidated Metropolitan District'
These errors arose from combining the service areas of the
districts as they were originally formed without consj-dering the
fact that there Lare been i number of inclusions and exclusions
from the districts. The map which is contained in Exhibit c of
the consolidated service PIan is, however, correct.
Enclosed with this letter are ten copies of a revised legal
description for the Consolidated Ivletropolitan District. Please
take whatever action you deem is appropriate t'o correct this
clerical mistake. We apologize foi any inconvenience we may have
caused.
[rvti rcuiJ vur.iirl [y
Ii,.:,1
tl
i sr,P 1i; 1q90 .U1990
IvIr. Andrew McGregor
Septembet 7 , l-990
Page 2
If you have any questions or require further information,
please c6ntact me ai ggg-:ZOO or my Sssociate, Rick Kron, at 839-
3704.
Best regards,
CALKrNS.,
7*"*,
GRTMSHAW & IIARRTNG,Mffi
l"rEnclosure
o
ALKINS
o
ARR INGRICEAED L.EAEBIN(} C.
ROBERT L. trIEBY
TIAMES S. BAILEY, !r8., P.C.
GII.BERT F. MCNEISE, P.C.
waYNE B. SCEBOEDER, P. C.
,W'DNDY J. EABIING
BRUCD E.DDACON
BICIIARD L. SEEABET
}{ATIIID\tr B. DA1TON
ED\{ABD .r, BLIESZNER
.IA}IBS SBAVEN
VIRGINIA MOSES DALTON
BANDALL M. LIVINGSTON
TED R.BBIGIIT
D.IVID M. SEEA}I.A'N
OF COuNSEL
E. IIAAOIJ' CAI,EINS
EUSSELL P. EEAITIER
TROMAS T. GBIMSSAW
I{ICIIAEL E. BEIDY
, Kne-unn, Gnrusuew & H
A LAW PARTNEB,SIIIP
INCI,UDING PROFESSIONAL CORPOEATIONS
SUITE 38OO
ONE I]NITED BANI( CENTEB
17OO LINCOLN STREET
DEN\/EB, COLORADO AO2O3
TELEPHoNE (aoe) ess-aooo
FAX 303 439-3436
NGDON .'. JORGENSEN
NOBMAN F. trEON
DERNY S. TICE
DAVID T. WEXI,ER
PAMELA A. GIBSON
RICITAED .I. GOGNAT
SCOTT D. TOSBBEN
FOBTI'NE E. MAETINEAU
DANIEL A. SWEETSER
comEsrcNDm
wElss ND vN scoYr
P O.BOX ffiOSO
STEAUBOf SPRTNOS,CO AO4m
(gos) s7s-6063
Mr. Andrew l"lcGregor
Garfield CountY Planning Office
Garfield CountY Courthouse
109 8th Street, Suite 303
Glenwood Springs, Colorado
August 29, 1990
816 01
Service Plan for the Consolidated
District
Best Regards,
CAIKINS, KRAMER, GRIMSHAW & HARRING
I am the attorney for the Battlement Mesa Water and
Sanitation District and tha Saddleback Metropolitan District. I
im enclosing herewith ten (10) copies of the Consolidated Service
PIan for diltribution to the members of the Garfield County
planning Commission for their consideration and recommendation at
the nexf regular meeting of the Commission scheduled for
Itednesday, September L2; l-990. The Consolidated Service Plan was
fil-ed witfr thl Carfield County Cl-erk and Recorder on behalf of
the Board of County Commissioners.
The consolidated service PIan is for the proposed
consolidation of the Battlement Mesa Water and Sanitation
District and the saddleback Metropolitan District.
If you have any questions or require further
information with regard to-this matter, please contact me at 839-
3706.
Dear lvlr
Re: Consolidated
Ivletropolitan
McGregor:
Thank you.
/*tp
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I r '':l;l' AUc I l
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(it-ri:ti' i r-i.-,
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6?7-lnr
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BTCEAID L. IIABBII.O
ITOBEBT L.EIEEY
IICIIABD L.SEEAEEB
ltaTaEtw B.DixroN
GDrg^EL TI. ELIESZ}{EA
iIA.l(ES SIEVEN
JtxEs s, a.aILEY, JB., P.C.
OILDEEI L MGNIISE,P.C.
WAYNE D,SCEBOEDEE,P.c.
WENDY J. E^DETNO
EBUCE E.DEACON
s, Knlurn, GntusrrA\,v & H
A LAW PARTNERSITIP
INCLUDING PROTESSIOIIAL CORPOEArIONS
SUITE SEOO
ONE IINITED EANK CENTER
17OO LINCOIN STEEET
o
AB,BING
', ii,:l
;.ll.;'..1
i1 1 . .'
Pl-an for the Consolidated
IANODON .r. JOBOENSEN
NOEIIAN T. f,EON
DEBBY S. EICE
DAVID T.WEIJB
PAXELA A.OIBSON
BICEAED
".
OOONAT
SCOTT D. TOBEBBII
FOETI'NE E. I(ABTINEAU
DIIIIEL A. SI'EETSEB
@BBSBolIDArl
VtrISS ND YA S@YI
P.O.Uru
STLXBOAT SPEIIOS' @ m.ao
(o€) oD-6ooo
VIEOINIA YOSES
EAII'ALL X.
EE, COLOBADO 8O2O3
TELEPEoNE (aos) agg-gaoo
laxi 309 a3e-sa3a
,ED E.DBIGET
DAVID M. SEEEX.AN
OI COI'NSEL
E. E.IBOIJ) G.AIEINS
EUSSELL P. EEAUEB
rEolrts T. GElusE.Aw
I.ICEAEL E. E.EIDY
o
Celruu
August 29, 1990
Ms. Mildred Alsdorf
Clerk and Recorder
Garfield County Administrative Building
109 Eighth Street
Glenwood Springs, Colorado 81501
Re:Consolidated Senrice
Metropolitan District
Dear Ms. Alsdorf:
I am the attorney for the Battlement Mesa Water and
Sanitation District and the Sadaleback Metropolitan District which
Districts are proposing to consolidate before the end of this year
to form the C6ns6tiaated Metropolitan District. I am enclosing
herewith the following materialJ for the review and approval of the
Consolidated Service plan by the Garfield County Board of County
Commissioners 3
1. Ten copies of the Consolidated Service PIan to be
filed in your office on behalf of the Board of County
Commissioners at least ten days prior to the regular meeting of the
Board scheduled for Monday, September 10, 1990.
2. Acheck in the amount of $100.00 as a filing fee for
the Consolidated Service PIan.
3. A petition to the Garfield county Board of county
Commissioners asking them to consider the Consolidated Service Plan
pursuant to Article 1 of Title 32, C.R.S.
4. Notice of the filing of the Consolidated Service
plan for the Division of Local Government to be forwarded by the
Garfield County C}erk and Recorder in the enclosed addressed,
stamped envelope.
i rtlUU
C1erk and Recorder
August 29, 1990
Page 2
5. Certificate of Reporting to be completed by the
Garfield County C1erk and Recorder and returned to our office in
the enclosed self-addressed, stamped envelope when the Notice has
been sent, to the Division of Local Government.
6. Resolution of the Board of County Commissioners
setting the hearing date for October 8, 1990.
Please accept the referenced materials for filing with
the Board of County Commissioners and commence the necessary stePs
to enable this Consolidated Service Plan to be considered.
It is my understanding that we wiII (1) provide for the
publication of the Not,ice of Hearing for the Consolidat.ed Senrice
PIan, (2) provide a copy of the written notice to be-given by the
Board dt'County Commisiioners of the date, time, and location of a
hearing concerning the Consolidated Service Plan to any existing
municipality or special district which has boundaries within a
radius of three miles of the proposed Consolidated Metropolitan
District, and (3) provide a draft of the resolution of the Board
regarding the board's consideration of the Consolidated Service
Plan.
Since we will be on a fairly tight schedule for
consideration of this Consolidated Service PIan, we will cotnmence
preparation of the necessary notices and resolutions shortly. Th"lnticipated scheduLe for consideration of this Consolidated Service
Plan is as folLows:
1. Board of County Commissioners meets on September 10,
catl a public hearing on the Consolidated Service Plan.
3. Board of County Commissioners holds public hearing
on October 8, 1990.
1990 to
2. Planning Commission hearing on the Consolidated
Service PIan on September L2, 1990.
Clerk and Recorder
August 29, 1990
Page 3
If you have any questions or require further informationwith regard to this matter, please contact me at 839-3706. Thank
you for your assistance and cooperation.
Sincerely,
IMSHAW & HARRING
amo
cc: Will-iam l{ilde
Lewis Holtsclaw
Andrew McGregor
N{-\bftEr^-| \c.qNBc(Rr-*
Ju1y 3l-, 1991
Mrs. Mildred Alsdorf
Garf ield CcrutrLy Clerk
1-09 B t.h S treet , Sui te 200
Glenwood Springs, CO 81601
RE: Consolidated Service Plan
Dear Mildred,
Submitted for your trrrocessing wit,h Garf ielcl Corrnty are ti f teen
copies of the Consolidated Met.ropolitan Dist-rict Service Plan whi<:lt
addresses the propose(l compl ete consol.idat. j-on of t.tre BattlentenL
Mesa Water & Sanitation Dj st.r:ict. and t.he Saddleback IIet.ropoliEanDistrict within the Battlemenl- Mesa P.U.D.
The intent of the eonsolidal-ing Dj st.ricts is to proeeed f orwardwith the proposed eonsolidal-ion through the required Garfield
County reviews, District Court hearing ar1d, ultimatefy, a SpecialElection of the Districts electoraLe on December 3, 199.l-. Toachleve that timeline and be able to meet the reqrrired noticepublications, we have bental-ive1y schecluled t-he followinq nteel-it-rgtswith (;arf j.e1d Count.y through Mr. Andrew McGregor.
Angust 1
August 5
subntlE Service Plan to Garf i.eld Cortnt.y
at regul,ar meeting, County Commissioners referService Plan review Lo Planning Commission(August 14, meeting) arr<l establi sh Public
Heari ng wit"h County Conrmissi orrer f or
Septenrber 9
Planning Commission regular nreetjngr, review of
Service PIan
County Commissioners Pub1ic I{earing review of
Service Plan
Augr.ts t- t 4
SepLenrber 9 -
Please let me know if you encounter any problenrs wj t-lr
P.O. BOX 6116, BATTLEMENT MESA, CO 81636. (303) 2'
On another note, now that these Servic--e Plan issues have been
resolved anrl put in finalizerl forntat, Bat-tlement llesa Partllers will
be submitt j.pg a separaLe repr-rrL to the Courtt.y Commissiotters drtrittg
August. on the progress and proposed t.inre-line of incorpora birrg t he
communi ty. Tlris i"port wil.l be subrnit.Lecl we1l. j n advattr:e of t-he
Septembei 9 public tlearinq f r:r' t he Colnnti ssioners; t-.o have ttte
benef i t of t-hat inf ormation.
Sincerel y,
//,,/Lilla-
Wi 11i am W . t'ii 1de
President
cc: Mr. Andrew McGregor
WWW/tac
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CONSOLIDATED
TETROPOLITAN DISTRICT
SERYIGE PLA}I
GARFIELD COUNTY, COLORADO
prepared bY:
BATTLEMENT MESA WATER & SANITATION DISTRICT
AND
SADDLEBACKMETRoPoLITANDISTRICT,
BATTLEMENT MESA, COLORADO
CALKINS, KRAMER, GRIMSHAW & HARRING,
DENVER, COLORADO
IN COOPERATION WITH THE
BATTLEMENT MESA HOMEOWNERS ASSOCIATION
JULY 25, 1991
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EEctrION NO'
II
III
VII
VIII
pEslsBEsg9tr
t*ff*'u;'*u
^'x=:t*'1i=T*';"
H::::Bt'tI';;i''""
.'B:'=
''d: F"if " :ltt er i a
oPerationi
['i+iliil*:**d:Fire Prot
"##ui:ft"'""t'=*Pran
siwer sY
nxisting
Fire Protection SYstem
PAGE
1
1
4
6
8
10
IV
16
15
16
L7
19
20
23
23
24
25
26
29
30
32
32
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v
VI Street ImProvement
'"Hk1$:i::"q=#i;":'Ht'*
"'ii:*lii:x*i on sY stem
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B::?'""
t JiIl
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ti1*31l'j':tr,BJ#::":'*'xr"!'"u
43
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8EC![ION NO.
x
XI
DESCRIPIION
Alternatives to Consolidat'ion---iiiiiing seParate Districtsgi[tr"r6nt itesa MetroPoritan
District Inclusion
Battleme"t U""i Senrice Association
Town of Parachute
IncorPoration
Conclusion
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72
76
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FTGURE NO.
Figure If 1
Figure If - 2
Figure IfI 3
figure IV - 1
Figure IV - 2
IJTST OF ITGUREE
DESCRIPTION
Vicinity Map
Population ProJection
Water Demand
Aerated Lagoon System
Extended Aeration process
PAGE
p. L7
p. 2L
p. 27
p. 37
p. 38
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trABLE NO.
Table II 1
Table II 2
TAbIE III 1
Table III 2
Table III 3
TAbIE III - 4
Table IV - 1
Table IX - 1
Table IX - 2
Table IX - 3
Table TX - 4,
Irl8tr Of TABITEB
DE8CRIPTION
Residential ProPerties
Projected Assessed Valuation
Irrigated Area
Projected Potable Water Treatment
Water SYstem Pressure Zones
Fire Flow AvailabilitY
Projected Wastewater Flows
Water & Sewer OPerating Fund
Water & Sewer Debt Senrice Fund
ExamPIe Debt Senrice Catculation
ActivitY Center OPerating Fund
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p. 18
p. 22
P. 26
p. 28
p. 29
p.31
p. 33
p. 63
P. 64
p. 65
P. 66,
67
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EXEIBIE
A
B
IJIETING Otr EXXIBIT8
DESCRIPTION
Consolidation Resolution
Battlement Mesa Special Distrlcts Boundaries
Map
Legal Description
BI-II{SD l{ater and Wastewater Lease Agreement,
Amendment and Assignnent
SMD Water and Sewer Senrice Agreement
BttwSD General obligation Note Series 1986A
(Anendnent)
SMD General obligation Note Series 1990A
Town of Parachute Wastewater Agreement and
Assignnent
Draft Facilities Senrice Agreement
Board of Directors Listing
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SEC1TION I
INTRODUCTION
This service Plan (ttservice Planrr) sets forth a proposal for the
consolidationoftwoexistingspecialdistricts,theBattlement
MesaWaterandSanitationDistrictandtheSaddtebackMetropolitan
District,tobecometheConsolidatedMetropolitanpistrict
('|ConsolidatedMetropolitanDistrict'')vithinBattlementMesa,dD
unincorporatedareaofGarfieldCounty,Co}orad'o.This
introductionwillbrief}yidentifytheScopeandpurposesofthe
proposedConsolidatedMetropo}itanoistrictaswellascertain
stat,utoryreqrrirementsfortheapprovaloftheConsolidated
MetroPolitan District'
IIISTORICAIT PER8PECTIVE
TheBattlementMesaPlannedUnitDevelopment('|BattlementMesa
p.U.D. ") was originally developed' by Battlement litesa' Inc' ' a
subsidiaryofExxoncorporationrduringtheearrylgSors'onMarch
ls,Lgs2,theBoardofCountycoromissionersofGarfieldCounty
approvedtheorganizationoftheBattlementMesaWaterand
SanitationDistrictfortheprovisionofwaterandsanitary
services to the cornmunity. rt was the anticipation of the
proponentsoftheBattlementMesaWaterandSanitationDistrict
thattheBattlementMesaP.U.D.woulddeveloprapidlyandprovide
housingfortheoilshaleworkforcecolnmunityrequiredfor
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developmentofttreColonyoilshaleProjectbyExxoncompany,
U. S.A.
overthepastseveralyearsithasbecomeapparentthatdevelopment
of the Battlement Mesa P'U'D' wiII occur over a }onger period of
tineandthattheinfrastructurereguirementsandthemethodof
provisionthereofneedtobeadjusted.Theinfrastructureneeded
for the Battlement Mesa P'U'D' wouLd be constructed in phases in
ordertolocalizethecostsofprovidingsuchfacilitiesandlimit
the burdens thereof to the residents and property owners
specifically benefiting from such facilities'
ouring].gs6,theboundariesoftheBattlenentMesal{aterand
SanitationDistrictgleredownsizedtoincludecertainexisting
developedsingl'e-fami}yresidentialsubdivisionsandcornmunity
servicefaci].itiesandtoloca}izethecostsofserviceprovision
within its boundaries' Battlement Mesa Water and Sanitation
Districtissuedgeneralobligationdebtforacqrrisitionofitls
internalutilityfacilitiesbasedonanability-to-payflnancing
structure'
As of 1986 Battlement li[esa' Inc' continued to own and operate the
regiona}waterandsewertreatmentplantsasaprivateutility
servingthecommunityandtheadjoiningTownofParachute.The
BattlementMesaMetropolitanDistrictwassubsequentlyorganizedin
198G-87 as the central ser:lrice-providing entity for the Battlement
l{esaP.U.D.inordertoproper}ymanagetheprovisionofessential
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regional water and sewer treatnent plants operation and the
Activity Center recreational services to the Battlement Mesa P.U.D.
under the control and regulation as a guasi-municipal entity with
fiduciary responsibilities.
During the hearing before the County Cornmissioners on the
organization of the Battlement Mesa Metropolitan District, the
proponents of the Battlement Mesa Metropolitan District informed
the County Commissioners that as development warranted the creation
of additional districts within the Battlenent Mesa P.U.D., the
proponents would petition the County for the organization of
additional districts which would obtain central wholesale utility
services from the Battlement Mesa Metropolitan District. The
Saddleback Metropolitan District was the first of such districts
proposed to be organized to meet the needs of continuing
development with the P.U.D.
The Saddleback Metropolitan District was organized in L988 to
provide localized water, sewer and other municipal services to
certain multi-fanily rental properties within Battlement Mesa. The
District structure became then necessary as the developer began to
market and seII single-family residential properties within the
boundaries of Saddleback Metropolitan District. This timefrane
also coincided with the rebirth of Battlement Mesa as a
recreational and retirement oriented community. Saddleback
Metropolitan District also j.ssued general obligation debt for
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acquisition of itts internar utility facirities based on an
ability-to-pay financing structure.
CONEOIJIDITION OVERVIET
The Board of Directors of the Battlement Mesa Water and. Sanitation
District and the Board of Directors of the Saddleback Metropolitan
District, respectively, have determined that it is in the best
interests of the Districts to consolidate. The Battlement Mesa
Homeownerrs Association, an independent civic and poritical
organization courprised of community residents, not deveroper
representatives, was instrumental in the document and issue review
process of the proposed consoLidation. Furthermore, Section 32-1-
Loz(4) of the colorado Revised statutes sets forth the
Legislaturers findings and declaration that rit is the policy of
this state to provide for and encourage the consolj-dation of
special districts and to provide for the means therefor by simple
procedures in order to prevent or reduce duplication, overlapping
and fragrmentation of the functions and facilities of special
districts; that such consolidation will better serve the people of
this state; and that consolidated districts wiII result in reduced
costs and increased efficiency of operation. rl
It' has been determined that the conditions which warranted the
original creation of the two separate districts, Battlement Mesa
Water & Sanitation District and Saddleback Metropolitan District,
have now been overcome. The major issue of the respective facility
acquisition debt service was resolved through subordination of the
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existing Saddleback Metropolitan
Battlement Mesa Water & Sanitation
duplicate adninistrative tasks
insurance, etc. wiII result in cost
District debt to the existing
District debt. Elinination of
such as accounting, audit,
efficiencies.
The proposed consolidated Metropolitan District shalr be entirely
within Garfield county, colorado, sharl serve certain properties
within the Battrement Mesa p.u.D. and shalr result from the
conprete consolidation of the Battrement Mesa water and sanitation
oistrict and the saddreback Metroporitan oistrict pursuant to the
colorado Revised statutes. The primary responsibirity of the
consolidated Metropolitan District is the provision of essential
potable water, sanitary sehrer and storm sewer drainage and
recreationar services for the benefit of those properties and
residents it serves. The consoridated Metropolitan oistrict wourd
also have the authority to provide certain other municipar services
for flexibility purposes, should said services be necessary in the
future' rt is the intent that the consoridated Metropolitan
pistrict shall have the ability to function as the centrar service
- providing entity to the Battrement Mesa community on an interim
basis untir such time as incorporation of the comrnunity is
economically feasible.
The boundaries of the proposed consoridated Metropolitan District
wilr include the developed residentiar properties and community
facilities within Battrement Mesar ds werr as certain
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the
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undeveloped parcels within the current saddleback Metropolitan
District boundaries- The essentiar facilities necessary to serve
these properties have been constructed and it is not anticipated
that consoridated Metropolitan District would authorize additional
debt for facility acquisition.
The specific provision
proposed ConsoLidated
forth in the following
of service and financial analysis of
Metropolitan District are more fully
sections of this Service p1an.
The service Pran is submitted in accordance with the requirements
of Article r- of Titre 32 of the cororado Revised statutesr dS
amended (the rrspecial District Actr). The major purpose of the
service pran is to produce satisfactory evidence that the
requirements for county approvar of the proposed consolidated
Metroporitan Districtr oS set forth in sections 32_L_203(2; and(2.5), c.R.s., as amended, have been met:
(1) There is sufficient existing and projected need for
organized service in the area to be serviced by the
proposed special district;
(21 The existing service in the
proposed special district
and projected needs, however,
area to be served by the
is adequate for present
the proposed consolidation
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would aIlow
efficient and
the services to be
effective manner;
provided in a nore
capable of providing
to the area within its
(3) The proposed special district is
economical and sufficient service
proposed boundaries;
(4) The area to be incruded in the proposed special district
has, or will have, the financial ability to discharge the
proposed indebtedness on a reasonable basis;
(5) Adequate service is available to the area through thecounty, other existing nunicipal 0r guasi-rnunicipal
corporations, including existing special districts,
however, the proposed consolidated district could provide
the services in a more efficient and effective manneri
(6) The facility and service standards of the proposed
special district are compatible with the facility andservice standards of each county within which the
proposed special district is to be l0cated and eachmunicipality which is an interested party under section
32-L-2o4 (L) i
The proposal is in substantial
p1an, if any adopted pursuant
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compliance with the master
to Section 30-28-106,
I
C.R.S.;
(8) The proposal
county,
quality
is in compliance with
regional or state
management plan for the
any duly
long-range
area; and
adopted
water
(9) The creation of
the best
served.
the proposed
interests of
special district wil1 be
the area proposed to
in
be
Pursuant to the reguirernents of the special District Act, thisservice plan consists of a financial anal_ysis and an engineeringplan showing how the facirities and services of the proposedconsoridated Metropolitan District wilr be provided and financed.The folrowing items required by the c.R.s. sections 32_L_20L, e!ses. are included in various secti.ons of this service plan:
(1) A description of the proposed services;
(2t A financial plan showing how the proposed services are tobe financed including the proposed operating revenue
derived from property taxes for the first budget year ofthe consolidated Metropolitan District; which shall notbe materialry exceeded except as authorized pursuant tosection 32-L-2o7 or 29-L-3o2, cororado Revised statutes;
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(3) A preliminary engineering or architecturar survey showing
how the proposed services are to be provided;
(4) A map of the consolidated Metropolitan District
boundaries and an estimate of the population and
valuation for assessments of the proposed District;
(5) A general description of the facilities to be constructed
and the standards of such construction, including astatement of how the facility and service standards ofthe consolidated Metropolitan District are compatible
with the facility and service standards of any county
within which all 0r any portion of the proposed special
district is to be rocated, and the municiparities andspecial districts which are i.nterested parties pursuant
to section 32-r.-204(L), col0rado Revised statutes;
(6) A general description of the estimated cost of acquiring
landr €rrgineering services, legal services,
adninistrative se.rices, initial proposed indebtedness
and estimated proposed maximum interest rates anddiscounts, and other najor expenses related to theorganization and initial operation of the consolidated
Metropolitan District; and
(7) A description of any
with any political
arrang'ement or proposed agreement
subdivision for the performance
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of any services
District and such
between the Consolidated Metropolitan
other political subdivision.
The consolidated Metropolitan District shall have the ability toexercise arl special district powers within the framework of thisservice plan in accordance with the special District Act, as ei.ther
may be amended from time to time including necessary, implied, andincidental powers. Those powers are:
(1) The powers of
C.R.S. Sections
metropolitan
32-1-1001 and
districts as described in
32-L-LOO4, as amended,.
(2) The acquisition, construction, completion , instarration
and/or operation and maintenance of facilities and,/ or
services for protection against fire, including, but notlinited to, fire stations, fire protection and fire
fighting equipnent, ambulance servj.ces, energency medicalservicesr r€scu€ units, and diving and grappling
services, and all necessary, incidental, and appurtenant,
facilities, rand and easements, together with extensions
of and improvements to said system within and without the
boundaries of the consolidated Metropolitan District;
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3) The acquisition, construction, completion, instarration
and/or operation and naintenance of facilities and./ or
serrrices for the elimination and control 0f mosquitoes,
incruding contractuar arrangements with other entities to
accomplish such purposesi
(4) The acguisition, construction, compretion, instarlation
and/or operation and maintenance of parks and
recreational facilities including, but not linited to,parks, bike paths and pedestrian ways, open space,
landscaping, golf courses, curtural activities, comrnuni-ty
recreational centers, water bodies, irrigatlon
facilities, and other active and passive recreational
facilities and programs, and all necessary, incidental
and appurtenant facirities, land and easements, together
with extensions of and irnprovements to said facilities
within and without the boundaries of the consoridated
Metropolitan District.
(5) The acguisition, construction, compretion, instalration
and/or operation and maintenance of a complete rocal
sanitary selrage corlection and transmission system which
may include, but shall not be lirnited to, collection
mains and laterals, transnission lines, and/or storm
ses'er' fI00d and surface drainage facilities and
systems, including detention/retention ponds and
associated irrigation facilities, and aII easements,
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together with extensions of and irnprovenents
system within and without the boundaries
Consolidated Metropolitan Oistrict;
to said
of the
(6) The acquisition, construction, compretion, installation
and/or operation and maintenance of facilities and/or
services for a system of traffic and safety controls and
devices on streets and highvays and at, railroad
crossings, including signalization, together with all
necessary, incidental, and appurtenance facilities, land
and easements, together with extensions of and
improvements to said facirities within and without the
boundaries of the consolidated Metropolitan District;
(7') The acquisition, construction, completion, installation
and/or operation and maintenance of street improvements,
including curbs, grutters, curverts and other drainage
facilities, sidewalks, bridges, overpasses, bike paths
and pedestrian ways, interchanges, median islands,
paving, Iighting, grading, landscaping, irrigation, andparking 10ts and structures, together with all necessary,
incidental and appurtenant facilities, land and
easements, together with extensions of and improvements
to said facilities within and without the boundaries ofthe Consolidated Metropolitan District;
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(g) The acquisition, construction, compretion, instal_lation
and/or operational and naintenance of a conplete potable
and nonpotable 10ca1 water supply, storage, transnission,
and distribution system, which may include, but sha,Inot be linited to, transmission lines, distributionmains and laterals, irrigation facilities, storagefacilitiesr land and easements, and alI necessary,i'ncidental , and appurtenant faci.Iities, together withextensi.ons of any irnprovernents to said system within andwithout the boundaries of the Metropolitan District.
BOARD POI9ERS
The powers of the consor.idated Metropori.tan Districtr iS listedabove, will be exercised by the Board of Directors of theconsolidated Metropolitan District to the extent necessary toprovide the services contemplated in this service plan. rnaddition to the above powers, the Board of Directors of theconsolidated Metropolitan District shall have the fo110wingauthority:
(1) To anend
applicable
the Service plan as needed, subject tostatutory proceduresi
certain
developed
(2) To forego the financing and construction of
improvements if such improvements would be bestby another entity;
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(3) To provide additionar services or exercise additional
authority in order to perfor-m all functions permitted byinplication of the Special District Act;
(4) To cooperate or contract with other
to provide regional services or
share the costs involved; and
governmerrau, entities
facilities, and to
(5) To adopt Bylaws
affairs of the
which will further define
Consolidated Metropol itan
and control the
District
All consolidated Metropolitan District activities will beundertaken in accordance with and pursuant to the procedures andconditions contained in provisions of the speciar District Act andother applicable statutes, as the same may be amended from t'me totirne.
The initiar Board of Directors of the consolidated Metropolitan
District will be appointed by the existing respective Boards of theBattlement Mesa water & sanitation District and the saddleback
Metropolitan District; two directors wilr serve untir the May, Lgg2regular election and three directors wirr serve until the May, Lgg4regular election' Directors will be appointed at the organizational
meeting from norninees properly presented to the existing Boards;
nominees wilr be interviewed by representati.ves of the Battrement
Mesa Homeowners Associati-on to review their guarifications andinterests.
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SECTTO}I rr
AREA DEVELOPI.iENT
DE8CRIPTTON OP AREA
The consolidated Metroporitan District is within the Battlenent
Mesa P'u'D' which is located in western Garfield county, cororado
just south of the Town of parachute and the colorado River.
Battrement Mesa is approximately 4o miles west of Grenwood springs
and 45 miles east of Grand Junction, colorado, as shown on the
vicinity rap, Figrure If-l (p. L7).
The Battlement Mesa p.u.D., encompassing approximately 3,200 acres
of land, began deveropment in 1980 to provide housing for an
increased population due to the oil shale industries. The
development was to urtinately include about g,ooo dwelring uni.ts
with a proposed popuration of 24,ooo. The construction of the
infrastructure was based on supporting this population through
phased deveropment of urban support facilities.
As a result of economic conditions and a delay in the devel0pment
of the oil share industry, the existing population of the
Battrement Mesa p.u.D. is approxinrately L,7so residents.
The proposed Consolidated Metropolitan
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District boundaries wilI
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include all those existing parcers currently within Battlement Mesa
water & sanitation pistrict and saddleback Metropolitan District as
depicted on Battrenent Mesa special District Boundaries nap as
Exhibit B hereto and more furly described in Tabre rr-1 (p.18) ;
legar descriptions of the parcels to be included in the
consolidated Metroporitan District are in Exhibit c hereto.
EXTSTTNG DrSTRrCTS
The taxing authorities which overlap the consolidated Metropolitan
District are as follows:
School District 16
Colorado Mountain College
Grand Va1ley fire protection District
Colorado River Water Conservation District
West Divide Water Conservancy District
Grand River Hospital District
Parachute/Battrement Mesa parks and Recreation District
Grand VaIIey Cemetery District
Garfield County
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GL E NIVOOD
S PR lNGS
BATTLEMENT
HES A
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D ENVER
ORADO
PRINGS
PUE B LO
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FIGURE TI-1
CONSOLIDATED }{ETROPOLITAN
VICINITY MAP
DISTRICT
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TABI-,8 IT-1
CONSOIJIDATED IIETROPOIJITAII Df BTRf eT
RESIDENIIAIJ PROPERIIE8
TOTAL
ACREAGE
80. 31
33.6L
8L.82
4L.16
L28.29
L7 .49
105.93
26.70
38.4L
D.V./ TOTATACRE D.U.
1.0 79
1.6 53
AREA
TYPE
UNTTS
SFH
SFH
SFH
SFH
MOB.
RV
MOB.
SFH
APTS
BUII,D OUT
PRq'ECTED
POPUI,ATION
198
132
738
350
L ,24O
225
l, o75
202
1, 350
348
515
780
190
675
of maximum
PARCEL
Battlement Creek Vil1age,Section One
Battlement Creek Village,Section Two
Monument Creek Vi11age,Section One
Monument Creek Village,Section Two
SaddLeback VillageFiling No. L
Tamarisk SubdivisionFiling No. L, parcel C
Tamarisk SubdivisionFiling No. z
Wi11ow Creek Vi11age,Section One
Wil1ow Creek Vil1age,Section Two
3.6
2.8
3.9
295
L40
496
5. l_ 90
4.1 430
3.0 8L
l_4, L s40
Jacks Pocket V_i]lage 2t.t7 6.6* l_39 THFiling S/Mesa Ridge
Parcel 3-j. (unplatted) 21.42 9.6:1 206 TH
Parcel 3-3 (unplatted) L9.48 L6. o:t 3L2 APTS
Parcel 3-l-o (unplatted) 4 .77 L6. o* 7 6 APTS
Parcel 5-t_ (unplatted) 28. LO 9.6,1 27O TH
* unpratted subdivision areas are assumed to buird out at 80tzoned density.
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DEVE I,OPI,TENT SCEEDULE
The development basis and marketing orientation of the Battlement
Mesa P.U.D. has shifted dramatically from the original oil shale
industry support comnunity to the current emphasis of a
recreational and retirement, conmunity. years of feasibility
studies and test narketing have proven up the viability of the
recreational/retirement conmqni.gr. ft should be noted that the
existing infrastructure within Battlement Mesa can readily
accommodate this alternate development market with no appreciable
changes in community facilities.
rn contrast to the original oil shale comrnunity forecast rapid
development, and itfs boomr/bust cyc1e, the recreational and
retirement community focus is projected as a much more stabre,
modest growth scenario independent of the energy industry
fructuations. The overarr aging of the generar population with
more people approaching retirement a9e, the population shift away
from central uretropolitan areas and the emergence of Western
colorado as a major recreational area are aII factors in support of
the current Battlernent Mesa developnent ernphasis. During the next
29 years, Battlement Mesa and its consolidated Metropolitan
District residentiar properties are projected to grow by a modest
averagle of 86 dwelling units and 2L5 residents per year.
The current population in the consolidated Metropolitan oistrict is
estimated at L,7so. rigure rr-2 (p.21) presents the popuration
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projection by year through year zozo. The popuration growth is
projected as a straight line to the ultimate build-out population.
The parcel, land area, density, number of projected dwelring units
(D.u.) and population is given in Table rr-1 (p.18). A population
eguivalent of two and one-half persons per dwetring is forecast.
The totar projected popuration to be served in year zo2o by the
consolidated Metropolitan oistrict, if the projected build out to
zoned densities is completed, is g,o2o persons within a totar of
3,2O7 dwelling units.
rt is anticipated that additional properties within the Battrenent
Mesa P.U.D. may eventually be annexed to the consolidated
Metropolitan District. rt shall be the responsibility of the then
current Board of Dj-rectors to evaluate the nerits of any proposed
annexation and consider approval thereof.
A88E88ED VAI.,UATTON
The 1991 budget year assessed valuation for the proposed
consoridated Metroporitan pistrict is gs,1go,060. Tabre rr_2
(p'22) provides the projections of assessed valuation by year
through year 2o2o. rhis projection is based upon a reasonabre
build-out schedure of the various residentiar properties within the
consolidated Metropolitan District. At fuI1 buildout of the
parcels in the consoridated Metroporitan District, the assessed
valuation is projected to be approximately 931,160,OOO.
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FIGURE TT-2
CONSOLTDATED I,IETROPOLTTAN DTSTRICT
POPULATTON PROJECTTON
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20L5 2020199 1 l_99 5 2 000 2 005
YEAR
2 010
./ 6,sro
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/{{{'
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2,610K
1-,750
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83ts33ts338333383e388e38E8f; EEEEfi
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2.
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SECTION III
rATER 8YsTE}T
DESTGN CRTTERIA
The consolidated Metropolitan District is l0cated within the
Battlement Mesa p.u.D. The Battlement Mesa central water system
design and construction is based on the forlowing general design
criteria that:
1. Adeguate water supplies exist to support the system
needs.
Water rights are decreed
as to assure a dependable
under Colorado water Iaw so
supply at aII times.
Potable water is of
reguirements of the
good guality, meeting al1 mandatory
Colorado Department of Health.
Fire protection flows are avairabre to ar1 commercial
and residentiar areas in accordance with the National
Board of Fire Underwriters, Standards.
water facirities are designed and have been constructed
for phased expansion approximatery paralleling actual
needs beyond the existing operationar capacities to
permit gradual capital investment.
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7.
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Water supply and distributj_on
excellent quality, design, and
facilities are
construction.
of
There is not a
system to serve
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separate non-potable irrigation water
the properties.
OPERATTON CRTTERTE
The water system is to be operated and maintained to meet allappropriate standards of the American water works Association andthe col0rado Department of Health. The Battlement lltesa p.u.D.
centrar water supply, treatment plant, transmission lines, andstorage facilities are owned, operated, and maintained by theBattlenent Mesa Metropolitan District. Adeguate water rightssupply' augrmentation water reserves and treatment plant capacitieswill be provided and maintained by the Battleruent Mesa MetropolitanDistrict in accordance with the water and sewer service Agreementwhich will protect and preserve the interests of the consolidatedMetropolitan District.
consoridated Metroporitan District wirr purchase wholesare potablewater serrrice from the Battlement Mesa Metropolitan District on acontractuar basisr Ers is cu*entry being so done by the existingDistricts' consolidated uetropolitan District will own and beresponsible for operation and naintenance of the internar waterdistribution rines and appurtenances within its boundaries.
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rATER REOUTREI{ENr8
The Consolidated Metropolitan Districtrs
system is to serve:
potable water supply
* Domestic (in_house) use, and
* Lae/n, street medians, and limited greenbelt irrigation
Domestic Demand
For municipal water facilities, the critical design f10w rate isthe daily guantity required during a peak day and peak hour. Thedistribution piping has been designed to assure adeguate fireprotection flows' Potable water storage tanks have been designedto provide instantaneous peak rates upon dernand.
The unit water supply figures used herein are based on records ofpast water use within the Battlement Mesa p.u.D. and the experienceof other conmunities in western co,0rado. The average per capitawater use for in-house domestic use is estimated to be r-30 ga110nsper capita per day.
The irrigated area for single family homes is estimated to be 4r5oosquare feet per uni.t. The irrigated area for the patio and modularhome areas is estimated to be 3,500 square feet per unit. Theirrigated area for the townhouse-condominiun areas is estinated tobe 750 square feet per unit while the apartment area irrigation isbased upon 500 sguare feet per unit. The irrigated area by parcel
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is given in Table III-1 (p.26).
wlth a total lrrlgated area of 163.8 acres, the total annual
irrigation requirement is estimated to be 230 MG (704 AF) based
upon an annual irrigation reguirenent of 4.3 acre_feet per acre.
The peak day demand to setr/e the entire consolidated Metroporitan
District is estinated to be 4.s nilrion galrons per day (MGD) in
year 2020 as indicated on Figure rII_l (p.27).
TABI.E rrr-1
CONSOIJIDATED UETROPOTTTAN Drs|lRrCT
PARCEL
BCV 1
BCV 2
MCV 1
I{CV 2sv1
TSL/CTS2
wcv 1
wcv 2
JPV 53-13-33 -1051
NO. OF
UNTTS
79
53
295
L40
496
90
430
8l_
540
139
206
3L2
76
270
TRRTGATED AREA
TRRIGATEDuNrr AREA (sF/pu)
4, 500
4r500
4r500
4r500
3,500
500
3r500
4r500
500
750
750
500
500
750
TOTAL IRRTG.
AREA (ACRES )
8.2
5.0
30.5
14.5
39.9
1.0
34.6
8.4
6.2
2.4
3.5
3.6
0.9
4.6
163.8
UUNTCTPAIJ TATER SUPPIJY
The consolidated Metropolitan District wirl contract with the
Battlement Mesa Metropolitan District for whoresale water service
purchases.
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The average and peak day demands of the
Battlement Mesa Metropolitan District at
are addressed in Table I-lt-2 (p.28 ) .
areas to be served by the
ultimate development IeveI
Peak Day
Season
of frrigat 10n
= n't_:B
FIGURE IIT-1
CONSOLIDATED I{ETROPOLTTAN DISTRICT
ag4
ozdE&I^oJ
&
E]
F{4B
2
Average
Month
Day of Peak
= 3.0 MG
WATER DEI,{AND
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Average Annual Day
= 1.5 MGD oo
trI
1991 1995
,75O Pop. 2 ,6LO
o-aAffif,.r.
Ave. Day = 1.0 MGD
2 000
3r695
2005
4,760
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2 010
5,835
2 015
6, 910
2020
8 ,020
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Zone
A
B
T
DISTRICT rATER 8Y8TET,!
The consoridated Metropolitan District service areas lie within two
pressure zones, zone A and zone B. The elevation linits of the
zones are given in Table fff_3 (this page).
TIBLE rrr-3
CONSOITIDATED UETROPC,IJf TelI DIBTRICT
Elevation ofUpper ZoneLinit (ft. )
5 ,425
5, 615
Elevation ofLower ZoneLimit (ft. t
5 ,2OO5,425
Nornal
Pressure
Range (psil
35 L3235 Lt7
Because of the wide range of normal pressure in the zones, speciaJ_
areas within the zone of Iow pressure (between 35 and 45 psi) have
oversized senrice Iines. Those areas above 75 psi require the use
of individual household pressure regurating varves (pRv) or the use
of a neighborhood pRV station where the pipeline network permits
such design.
crear water storage reservoi.rs are provided to suppry additionar
water above that which can be provided by the booster pump stations
for peak flow periods and to provide reguired fire frows. The zone
A buried concrete tank is i-.0 Mc and the zone B tank is 3.0 MG.
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TABLE TIT-2
PRGTECIED POTABLE TATER TREATT,TENTroR BATTTJEI'iBNII I'tEgA [BrRoporrrrrrl DrSTRrcrrATER TREITUEITT PIAttT(GAIJIONS PER DIYI
Average Day Demand Peak Day Demand
Year
1991
1995
2 000
2005
20LO
20L5
2020
Consol.
Metro.
390, 000
540,000
730, 000
920r 000
1, 100, 000
1r 30or 00o
1, 500, 000
Other
Battl . Mesa
130,000
170, 000
200, o0o
230r 000
27O,OOO
300,000
340, 000
Consol.
Metro.
1, 160, 0oo
L r 620, ooo
2,2OO r 000
2 r750 r 000
3r30or00o
3 r 900, 000
4 , 500, 000
OtherBattl . Mesa
400, 000
500, 000
600, 000
700, 000
800, 000
900, 000
1, 000, 000
The capacity of the existing water treatrnent plant is 6.5 MGD with
expansion master planned to 13.0 I{cD. The capacity of werlfierd Bis 1.0 MGD which is avairabre for standby. Thus, the existlng pumpstations, water transmission rines, and storage tanks owned and
operated by Battlernent Mesa Irletropolitan District have adeguate
physical capacity to serve the projected consolidated Metropolitan
District demand' Through a water and sewer services Agreernent, theconsolidated Metropolitan District will have contracted for
adeguate water treatment plant capacities to serve its projected
peak day denand needs.
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The water distribution systen is constructed of ductile
poryvinyr chroride pipe with pipelines sized to deliver
and peak demands. The water pipelines range in size from
to tz-inches within the distribution systen.
Additional facirities nay be alrowed in the future
facilities being funded by the property devel0pers.
anticipated that the consolidated Metropolitan District
any additional debt for facility acguisition.
FTRE PROIECTION 8YSTEU
iron and
fire flow
6-inches
with such
It is not
will incur
Fire protection flows are available to aIr commercial and
residentiar areas within the consolidated Metroporitan District and
meet the guiderines of the National Board of Fire underwriters.
Potable water storage tanks are sized to provide the required fire
frow from storage, and distribution piping is designed to assure
adeguate fire flows as well.
The rate and duration of fire fl0ws are a function of severar
factors such as:
* Type of building construction,
't Size of structures,
* Type of occupancy or building use,
* proxinity of other structures, and
* Degree of use of sprinkler systems,
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Table rrr-4 lists the fire flow requirements used. Both the vorume
and the rate of fire flow are availabre during maximum dairy demand
periods.
TIBIJE rrr-I
CONSOIJIDAtrED }TETROPOIJITEII DTSTRICT
FTRE FI, .r AVATI,ABTLTTY
Type of Land Use
Low Density Residential(J.ess than 5.0 D.U. per acre)
Medium Density Residential(1ess than 15-O D.U. p"i-u"r.,more than 5 D.U. per acre)
High Density Residential
Conmercial
*The reguired duration for fire
more. The required duration for
hours.
1, 000
2,5OO
3r500
3r500
flow is 3 hours for 3,OOO gpm or
flows less than 3, OOO gprn is 2
Construction of all suchcomplete and operationalConsolidated Metlopolitan
fire protectionto serve theDistrlct.
systen improvementsproperties within
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Available Fire Flow*
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SECTTON rV
EEWER EYBllEttt
DESTGN CRITERIA
The wastewater system design and construction is based on the
following general criteria:
1. There will be a regional
serve the Battlement Mesa
of parachute.
sewage treatnent facility to
P.U.D. and the adjoining Town
For desi.gn purposes, a per capita wastewater frow of 1oo
gallons per day is used.
The sewage treatment facilities are located and designed
with the approval of the cororado Department of Health,
water Quarity contror Division (wecD). The degree of
treatment is satisfactory for the water guality
designation to be maintained in the receiving stream.
sewer lines are designed for average-day flows of 1oo
garrons per day per capita with a 2.5 peaking factor for
trunk rines and a 4.0 peaking factor for collection
lines.
OPERATIONAIJ CRITERIA
The current, population eguivarent of the Battlement Mesa p.u.D. is
estirnated to be L'75o. The population of the Town of parachute
currentry being served is about 750. The wastewater facirities are
designed for a per capita wastewater eontribution of J-00-gal1ons-
per-day flow with an organic roading of 25o nilrigrans per liter
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(ng/Ll BoD . Table rv-l outlines the projected wastewater flows
from the proposed area.
TABLE IV - 1
PROJECTED TASTEIIATER FIOTSFOR BATTIJEI.TENT ltEgA !{ETRO DISTRfCT r IREGTONAL SETER TREAIrUENT PI.A}IE(cral1ons per day)
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Consolidated OtherMetro Battl.MesaYear District p.U.D.
1991 175, OOO 10, OOO
1995 26L,OOO 10, OOO
2000 368, OOO 15, OOO
2005 476,000 15, OOO
2010 583, OOO 15, OOO
2OL5 691, OOO 20, OOO
2O2O 8O2, OOO 20, OOO
Townof
Parachute
75, 000
100, 000
1L0, 000
135, 000
160, 000
185, 000
210, 000
TotaI
Wastewater
Flow
260,000
371, 000
493 r 000
626 , OOO
758, 000
896,000
t , o32, 000
The consolidated Metropolitan District wirl purchase wholesare
sewer treatnent services from the Battlenent Mesa Metropolitan
District on a contractuar basis in accordance with a water And
sewer service Agreenent, as is currentry being so done by the
existing Districts. Through the water and sewer service Agreement,
the consolidated Metropolitan District wirl have contracted for
adequate sewer treatment plant capacities to serve its projected
needs.
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SETER 8Y8TEU !,TASTER PIJAN
A Sewer system Master Plan was prepared for the Battlement Mesa
P'u'D' in the spring of 1981. The original Master plan was based
on the following service area population.
Battlenent Mesa p.U.D.
Town of parachute
Total
22 , OOO
3,500
25 r 500
EXISTTNG FACTLTIrIE8
Much of the sewer systen Master plan facilities
Portions have been in operation since L98L.
The regional sewer treatment facilities serving
P.U.D. and the adjoining Town of parachute are
maintained by the Battlement Mesa Metropolitan
are existing.
the Battlement Mesa
owned, operated and
District.
currently the Battrement Mesa Metropolitan District is operating
the sewer treatment plant with an aerated lagoon process. Figure
rv-1 (p'37) gives the flow diagram for the current aerated lagoon
process. The capacity of the aerated lagoon system is 4oorooo
gallons per day. with an allowance for infto{infiltration which
may occur, the plant can serve a population of approxirnately 3r5oo
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or a daily wastewater flow of 350,OOO gallons.
The Battrenent Mesa Metroporitan oistrict projects that when the
current operational capacity of the aerated lagoon system is
approached, the sewage treatment plant will be repermitted and
converted to an interim operational mode that would serve then
projected growth for a five-year time span forward. This interim
operational mode would utilize existing equipnent and facilities
with nininal capitar improvements and would result in continued low
operational and maintenance costs.
The treatment plant facility was originarly constructed as an
activated sludge prant with capacity of 2.4 I.{GD with the site
layout designed to allow doubring of the capacity to 4.g MGD if
ever deemed necessary in the future. rigure Tv-z (p. 38) is a
schematic flow diagram of the extended aeration prant process. The
necessary mechanical eguipment for the activated sludge plant
remai-ns in place and wourd readily allow treatment process
conversion with nininal capital expenditure.
The wastewater treatment plant when converted back to the activated
sludge plantr or an interin operationar mode, will have the
capacity to serve the projected population of the consolidated
Metropolitan Oistrict.
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A11 existing sewer rines were constructed in accordance
recommendations of the col0rado Departnent of Hearth.
sewers have been sized to accomnodate peak f10ws. The
sewers range in size from 6- to lo-inches in diameter.
-3 6-
with design
AIl trunk
collection
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SECrION V
FXRB PROTECTION SYSTEI,I
Adequate fire protection facilities are a necessity for the
Battlernent Mesa area. presentry, satisfactory fire protection
service and emergency anburance response is being provided by the
Grand valrey Fire protection District volunteer department.
A fire protection system inctudes four basic components:
1. Water Supply
2. rire fighting equipnent
3. Fire fighting personnel
4. Alarn system
The Battrement Mesa p.u.D. water system was designed and
constructed to suppry fire frows at sufficient pressure as
recommended by the Nat,ionar Board of Fire underwriters. Fire
hydrants have been rocated to provide adeguate coverage. The
present fire protection system has achieved an Iso class 6
designation.
rn the future event it is ever deemed necessary that the Battrement
Mesa P.u.D. shourd have a separate fire protection service, the
consolidated Metropolitan District may supply, by acguisition or
otherwise, fire fighting egui.pment, ararm system and be capabre of
arranging training programs for personnel. The standards for the
fire protection system would be in accordance with the National
Board of Fire Underwritersr recommendations.
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However, dt the present tirne, the Consolidated Metropolitan
District does not propose to provide fire protection setrrice nor
incur costs therefor. An amendment to this Senrice PIan detailing
the specif ic f ire protection serrrices to be perfomed and a
financial evaluation addressing the necessary funding would need to
be prepared and approved prior to actual provision of fire
protection serrrices by the Consolidated Metropolitan District.
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SECTION VI
STREEE TUPROVEI,{ENT
The Battlernent Mesa community is dependent upon a comprehensive
street and road system. The existing streets within the proposed
Consolidated Metropolit,an District boundaries are dedicated public
streets currently satisfactorily naintained by Garfield County.
specific street maintenance services performed by the county
include snow removar and sanding, crack searing, pavement
maintenance, traffic control signage and other customary rural
street maintenance tasks; county funding is derived from its Road
and Bridge Fund nill levy and the Colorado State Highway User Fees.
services specificarly not performed by the county are street
sweeping, street 1ighting and landscape maintenancei these services
are currently being performed by various cornmunity associations
with necessary revenues generated thru their respective assessment
porrers.
street improvements include, but are not riurited to:
1. Repair and maintenance of streets, bridges, and curb and
gutter;
2. Snow removal and sanding of streets;
3. Drainage facilities and associated rnaintenance;
4. Grading and landscaping of street right-of-ways;
5. Lighting of streets; and
6. Traffic and safety contror signs and signals.
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The Consolidated Metropolitan District could assist in rnaintaining
the pubric street system in an efficient and timely fashion.
within the proposed Consolidated Metropolitan District boundaries
there currentry exist approxinately 16.5 mires of existing
subdivision public streets and roadways which generally have a 50
foot right-of-waY, two traffic lanes and 28 foot wide paved asphalt
surface. The location of the existing roads are shown on Exhibit
B, Boundary Map.
The Consolidated Metropolitan District does not propose to be the
primary street maintenance authority within Battlement Mesa,
however, maintenance of streets and street improvements including
Iandscaping inside and outside of the Consolidated Metropolitan
District boundaries may be provided to supplement other
maint,enance. rf st,reet maintenance by the consoridated
Metroporitan District is ever deemed necessary, an equitable
funding nethod wourd need to be d.eternined. contractual
arrangements with entities providing street maintenance would be in
accordance with generar raws of the state of cororado.
For the purpose of street lighting, the Consolidated Metropolitan
District may enter a contract for electrical power.
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SECTION VII
PARKS A}ID RECREATION
when originally master-pranned, the Battlement Mesa p.u.D. design
contained approxi-matery zgo acresr or zs*, of the total rand
dedicated to publicly accessible recreational facilities and conmon
open space uses. The community has been developed upon this basis
including construction of the Activity Center, privately owned golf
course, hike c uike path trailways system and preservation of
native vegetation conmon open space. PubIic recreational amenities
were designed to be integral elernents to the Battlement Mesa
resident lifestyle.
The Battlenent Mesa Activity center is an existing 53rooo square
foot facirity constructed during LgBz which is comprised as
follows:
* 25 neter indoor swimning pool
* locker rooms, whirl pool and sauna
* full-size gynnasium
* exercise room
* indoor jogging track
* racquetball courts
* outdoor tennis courts
* game room & social areas
* arts & crafts room
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* community rneeting rooms
* banguet facility
* dance floor
rhis facirity was designed to accommodate the varied
athretic and sociar activity needs of the conmunity
!rcenter of activitytt.
recreational,
as its public
The Battlement Mesa Metropolitan District purchased the facility in
l-988 from the developer which placed the Activity Center ownership
with the public entity. operation and maintenance responsibilities
provided by the Battlernent Mesa Metropolitan District include
building utirities, janitoriar services, generar repair and
maintenance, operating supplies, randscape and site maintenance,
swimming poor staff and minor capitar improvements. Funding of
these services has historicarly been provided thru optional
membership fees purchased by facility users and voruntary developer
contributions; there has been no dedicated or assured funding
mechanism.
The Parachute/Battlement Mesa Park & Recreation District provides
administrative services and recreational programming at the
Activity Center serving residents of both Battlement Mesa and the
Town of Parachute. Rec District provided programming includes
health & fitness crasses, organized youth & adult athletics, arts
& craft classes, social activities including seasonal dinners &
dances, educationar programs and unsupervised athletics to
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accornmodate the public needs. Funding of the Rec District
operations ls provided thru their property tax miIl levy (2.75
nills 1990 taxes) and niscellaneous user fees.
FACf L'I'IIE8 SERVICE ecREEIttEltT
The Battlenent Mesa Metropolitan District and the Consolidated
Metropolitan District propose, concurrent with or subseguent to
consolidation, to enter into a Facilities Service Agreement. This
agreement, which would create a cont,ractual long term obligation to
be paid by the Consolidated Met,ropolitan District, provides that
the Battlement Mesa Metropolitan District will operate and naintain
the Activity Center for the benefit of the inhabitants of the
consolidated Metropolitan District and the generar public. The
Consolidated Met,ropolitan District would obtain Activity Center
meurbership use privileges for its residents at a substant,ially
discounted rate. Consistent with the arrangement concerning the
main treatment facilities, the Battlernent Mesa Metropolitan
District, will continue to own the Activity Center.
The Activity center wourd be financially supported by a per
unit/per lot Recreational Assessment levied by the Consotidated
Metropolitan District. Both developed and vacant land within the
Consolidated Metropolitan District would be subject to the feer oD
a uniforru basis. rn addition, persons not living within the
Consolidated Metropolitan District boundaries would be allowed to
use the Activity center upon the payment of an annuar
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nembership fee. A daily fee woutd be continued for passersby and
other drop-in use of the Activity Center.
The Facilities Serrrice Agreement would provide that the Battlenent
Mesa Metropolitan District and the consolidated Metropolitan
District Boards would meet annually to formulate a budget for
operations and maintenance of the Act,ivity center for the coming
year, and that once fornulated, the Consolidated Metropolitan
District would assess its fees for the coning year. Revenue would
be received and paid over to the Battlement Mesa Metropolitan
oistrict on a quarterly basis. rf the Battlement uesa Metropolitan
oistrict and consolidated Metropolitan pistrict cannot agree on a
complete budget figrure for the coming year then a set obligation to
cover botton-Iine costs would be paid.
The annuar Activity center operating budget and its respective
annual Recreational Assessment fee will only include operating
expenditures, adrninistrative costs and minor capital inprovementsi
it will not include any funds or monies for existing debt service
retirement. The facility acquisition debt ser:rrice costs are
retired by the Battlement Mesa Metropolitan District thru other
financial neans.
At present, the annual Recreational Assessment fee that is to be
charged by the Consolidated Metropolitan District is estinated to
be $1a0.00 per unit or per rot, assumingr an annual total need of
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$geor000. obviously, should the annual operation and maintenance
budget reguirement increase or decrease the annual fee amount would
follow suit.
The annual fee calculation also assumes that the current operations
agreement between the Battlement Mesa Metropolitan District and the
Parachute/Battlenent Mesa Park & Recreation District continues.
Under that contract the latter district provides the Activity
Center programming and adrroinistration. The annual budget of the
Consolidated Metropolitan District is assumed. to cover only the
rrhardrr costs of keeping the Activity center open. should the
relationship with the District not continue, the budgeting
reguirements of the Consolidated Metropolitan District would
change, however the $soo,ooo/yr. maximum obligation calIed for by
the Facilities Service Agreement is projected to be adeguate based
upon the approximate value of the in-kind contribution of personnel
and management historically received from the Rec District towards
programming at the Act,ivity Center.
In any case, the obligation of the Consolidated Metropolitan
District may not exceed $5oo,ooo in any one year absent additional
authorization frorn the electors of the Consolidated Metropolitan
District. This rnaximum annual fee obligation therefor cannot
exceed $205 per unit or per rot, based on the number of current
properties, in any one year absent additionar authorization.
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The continued ownership and operation of the Activity Center by the
Battlement Mesa Metropolitan District is deemed by the proponents
of the Consolidated Metropolitan District as the best alternative
for the assurance of the continuing existence and beneficial
operation of the Activity Center.
other alternatives, such as the possible assumption of those
obligations and/or the or.rnership of the Activity center by the
Battlement Mesa Service Association (rrservice Association, r) which,
at present, has the power to assess fees against, the property in
the P.u.D., were also considered. However, the arrangement
contemplated allows two important considerations to prevail:
first, before it can be impremented, the arrangement must be put to
a vote of the property owners and residents within the Consolidated
Metropolitan District, and second, the proposed arrangement 1eaves
the operation of the Activity Center in the hands of a governmental
entity which enjoys lirnited liability under Colorado law. If the
Activity Centerrs operation were in the hands of the Service
Association, the liabirity of that entity and its members for
injuries which might occur at the Activity center would have no
such protection.
The Facilities Service Agreement would expire according to its
terms in L5 years unless extended by the then-current Consolidated
Metropolitan District Board of Directors.
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COUUON OPEN SPACE
Each of the respective Battlement Mesa neighborhoods is separated
by undisturbed native vegetation common open space parcels which
are accessible to the general public for hiking, wildlife watching,
photography and other leisure pursuits. An extensive system of
hiking & biking trails is also available to residents of the
Consolidated Metropolitan District, which trails meander throughout
the community and conmon open space parcels. Various landscaped
areas and public parks exist throughout the boundaries of
Consolidated Metropolitan District which are accessible and
rnaintained for the benefit of its residents.
The Consolidated Metropolitan District may acguire, own, operate
and maintain the approximately 55o acres of native vegetation
conmon open space parcels bordering the Consolidated Metropolitan
District boundaries for the benefit of the District residents. The
parcels will further be naintained accessible to utility companies
for the installation and maintenance of necessary utility service
facilities and drainage control structures. The Consolidated
Metropolitan District may incur nominal costs for maintenance and
minor capital improvements thereon the parcelsi an eguitable
funding mechanism would need to be developed.It is not
anticipated that the Consolidated Metropolitan District would incur
any debt for acquisition of conmon open space parcels or
facilities.
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The above facilities are currently being maintained by the various
Batt,Ienent Mesa cornmunity associations which specifically Lncludes
the Battlement Mesa Selrrice Association. It is not anticipated
that the consolidated Metropolitan District would be responsible or
incur costs to provide these services, however, in the event the
consolidated Metropolitan pistrict is deternined at a later date to
be the most appropriate entity to own and naintain said facilities'
it would have the authority to provide such services and an
eguitable funding nethod would need to be determined'
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SECTION VIII
OTEER CONSOI,IDATED ITETROPOLITAN DTSTRICT SERVICES
other services that the Consotidated Metropolitan District will be
capable of providing include safety protection and mosguito
control, which may be provided on a contractual basis in accordance
with Colorado laws. Presently, these services are being
satisfactorily provided by other entities or not deemed necessary.
It is not anticipated that the Consolidated Metropolitan District
would incur costs to provide these services. rn the event
provision of these services by the Consolidated Metropolitan
District is deemed necessary, an eguitable funding method would
need to be determined.
SAFETY PROTECI'ION SYSTEU
Safety protection includes traffic and safety controls such as stop
signs, traffic lights, and warning signs at streets and highways
and this service responsibility is currently being satisfactorily
provided by Garfierd county in conjunction with its road
maintenance services.
It may be appropriate for the Consolidated Metropolitan District to
provide these safety protection services, if it is det,ermined they
are not satisfactorily provided by other entities.
In the event additional safety protection features are found to be
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needed or if maintenance of the existing signage in the
consolidated Metropolitan District is reguired, the consolidated
Metroporitan District courd be in a position to provide these
services. The consolidated Metropolitan District could erect or
maintain the traffic and safety control devices or enter into
agreements with other entities to provide such services.
UOSOUITO CONTROIJ
with the Battrement Mesa p.u.D. being adjacent to the cotorado
River and being traversed by streams and irrigation ditches, it may
be deemed desi-rable to provide mosguj-to control i past experiences
however have not shown this to be a probrem. contror and
elimination of the mosguito could be accomplished by integrating
physical, biological, and chenical means.
Physicat control methods deal with source reduction due to
elimination or manipulation of breeding places. water managrement
techniques such as circulation of water and proper drainage
facirities can help provid.e natural contror. Biorogical contror is
a major natural control element that may include predators of
mosquitoes such as fish or aquatic insects, parasites, pathogens,
or plant inhibitors of mosguito production. Temporary control
through use of chemicals may be deemed necessary at times.
Application of larvicides, adulticides, repellents, or attractants
is a service which the consolidated Metropolitan pistrict could be
in a position to provide or could contract with others to perform
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the work. The Consolidated Metropolitan District could generally
monitor the potential for mosguito problems, and provide public
information and education efforts regarding mosguito control.
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SECrION rX
FINATTCIAIJ EVAI'UATION
BASIC POIJICIES
The basic policies which will control the Consolidated Metropolitan
District funding methods are outlined as follows:
1. The Consolidated Metropolitan District will provide
services to its residents and properties within its
boundaries either directly or on a contractual basis with
other entities.
2. Consolidated Metropolitan District will not incur
financial obligations for which adeguate sources of
revenue, such as taxes, user fees, assessments and other
revenues, are not deerned reasonably sufficient for the
discharge of the obligation.
3. Respective operating funds will be established for the
provision of specific serrrices as addressed in Section
III thru VIfI herein.
4. Equitable service fees, rates and operational mill levy
revenues will be established to defray the actual
operating fund costs involved for the provision of water
and sewer service.
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Equitable recreational assessment revenues will be
established to defray the actual operating fund costs
involved for the provision of recreational services.
6. The Consolidated Metropolitan District shall assume the
existing debt service obligations for acguisition of
existing water and sewer improvements by the Battlement
Mesa Water & Sanitation District and the Saddleback
Metropolitan District.
7. Equitable non-operating fund rnill levj-es will be
established to defray the actual costs involved with
water & sewer improvements debt service retirement on an
annual budgetary basis.
8. Services fee, rates and other revenues will be
established to eguitably distribute actual costs involved
for the provision of other serrrices, when the needs are
determined and at such time as the serrrices can be
provided in a fiscally sound manner.
WATER AND SEWER OPERATING FUND
The Consolidated Metropolitan District will incur expenditures for
the provision of water and sewer services. Table IX-1r(p.63),
projects the fund revenues and expenditures thru year 2OLO on an
annual budgetary basis.
5.
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The najority of the expenditures incurred will be for the wholesale
purchase of water and sewer treatment service from the Battlement
Mesa Metropolitan District on a unit cost per l,OOO gallon metered
water guantity and unit cost per EQR (Eguivalent euantity
Residential rate) for sewer treatment. The 1991- Battlement Mesa
Metropolitan District wholesale rates are $t.3o/lrooo gallon water
and $L1.00/EQR seweri the wholesale rates are projected to be
fairly constant with time as the existing facilities are sufficient
to meet projected growth, the facilities have been successfully
operated for approximately 10 years with rninimal noted operating
deficiencies and ongoing efficiency program savings should offset
age-related facility repairs.
other water and sewer operating fund expenditures will include
general administrative expenses for accounting, audit, insurance,
legal and operating supplies.
Water and sewer service user fees to gienerate operating revenue
will be established and billed to the end-use customer at a rate
equivalent to or slightly higher than the wholesale purchase price;
the escalation factor may be used to help defray administrative
expenditures on a per usage pro rata basis. The L991, user fees are
$1.30 $1.50/L,ooo galton water service and gLL.oo gL2.oolEeR
sewer service. Like the wholesale purchase rate, the user service
fees are projected to remain fairry constant with tirne.
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Other water and sewer operating fund revenues nay be generated thru
an operating niII levy, specific ownership taxes and interest
income. The operating niII levy will be conversely dependent upon
the user fee escalation factor.
Cost savings which are directly related to the proposed
consolidation appear in the 1991 to L992 budget, years. Increases
which appear are directly related to projected development growth,
not simply increases with time, and woutd like1y not occur if the
population/user demand were to remain constant (no growth
scenario) .
WATER A}ID SEWER DEBT SERVICE FT'}ID
The Consolidated Metropolitan District will assume the existing
Districts long-term J.imited financial obligations for acquisition
of internal line facilities: Battlement Mesa Water & Sanitation
District General Obligation Note Series 1986A (as amended) in the
principal amount of 92,7O4r045.50 and Saddleback Metropolitan
District General Obligation Note Series 1990A in the principal
amount of $grtggrlOO.OO. Both Notes are held by Battlement Mesa
Partners, mature on September 3O, 2006 and have substantially the
same terms; copies of the notes are attached hereto.
In accordance with its specific terms, should the district
consolidation be consummated, the G.O. Note Series L99OA shall be
subordinate to the G.O. Note Series L986A. AII interest and
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principal paynents by the Consolidated Metropolitan District will
be made against the 1985A Notei only if that Note is paid in full
during its terms wiLl any pa)rments against the 1990A Note become
due and payable. For practical financial evaluation Purposes, it
is assuned that palments will only be made against the 1985A Note.
Tab1e TX-z, (p.64), projects the fund revenues and expenditures thru
year 2006, the naturity date of both Notes.
The 1986A Note is a limited obligation, payable excLusively out of
the proceeds of a levy by the Consolidated Metropolitan District of
an rtaveraged mill levytt which generates an annual paYment. Sinply,
the payment is computed by taking the average total mill levy
certified against all taxable property within five neighboring
towns (Glenwood Springs, New Castle, SiIt, Rif1e and Parachute)
less the sums of all other rnil} levies, other than the Consolidated
Metropolitan District itselfr oD and against the assessed value of
the property within the Consolidated Metropolitan District, times
the assessed value of the Consolidated Metropolitan Dist,rict.
To illustrate, assume that the niII levies in the five towns
averaqed 78 mills. One would then add up all niII levies certified
on property within the boundaries of the Consolidated Metropolitan
District by entities other than the Consolidated Metropolitan
District. For example, the school district, the County, the fire
district, the park & rec district and the other entities taxing
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property within the Consolidated Metropolitan District could have
certified nill levies totalling 60 mills' The resulting difference
in the niLl l-evies which calculates the annual Note pa)ment by the
Consolidated Metropolitan District for debt service, is therefore
18 rnitls, thus bringing the total mill levy on property within the
consolidated lrletropolitan District up to the |taveragedrr 78 urills
plus whatever operating niII levy may be assessed. An example
calculation of the debt service payurent is included as Table rx-3
(p.65) herein.
This formula calculation for debt service is intended t'o keep
Battlement Mesa tax competitive with neighboring cornmunities' In
the event the other taxing entities within Battl-ement Mesa
increased their mill levies, the Consolidated Metropolitan District
would have a corresponding decrease in its mill levy and annual
debt serltrice palrurent to keep the total mill levy near the five town
rraveragte rnill levy. rl
principal and interest at 1ot are due in annual installments
through and including september 30 , 2006. lttoney col-lected through
taxes is first applied against interest, then principal' To the
extent the nill levy computation results in the payment of both
interest and principal on the Note, the interest is satisfied and
the principal is reduced.
To the extent the carcurated annual payment is not sufficient to
fully pay the annual interest due, the unpaid interest balance is
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forgiven on an annual basis. To the extent the prlncipal is not
paid, the unpaid principal balance is carried over to the next
yearrs palment and interest continues to be calculated on that
amount. However, to the extent the p:rincipal remains unpaid at the
end of the life of the Note, it,, too, is forgiven and the
facilities conveyed to the Consolidated Metropolitan District.
For the purposes of the financial erraluationr the rraveraged nill
levyrr is projected at 18 miIIs for burdget year L9g2 and decreasing
to 9 mills for budget year 1993 and thereafter based upon an
assumed reduction in Unocal assessecl vaLuation and its projected
impact on the various taxing authorities.
other Incone includes specific ownership taxes and interest incomei
other Expenditures and Contingency include County treasurer
fees, legar fees, etc. Because of other nonoperating revenues
being generated by specific ownershj.p taxes and interest income,
the net nonoperating nil} levy is projected to somewhat less than
the mills necessary to fuIly meet the annual palment due.
Projected increases in the note interest paynents, note principal
paYments and other expenditures are directly related to assessed
valuation growth, not simpry increases with time, and would not
occur if the assessed valuation were to remain constant (no growth
scenario) .
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Upon the Septenber 30, 2006 maturit.y date, the remaining unpaid
balance of principal and interest, if oDY, on both the 1986A Note
and 1990 A Note are fully forgiven (as shown on Tab1e IX-z, P.64,
projection), the Notes are discharged in their entirety and the
facilities are conveyed to the Consol-idated Metropolitan District.
ACtrIVITY CENTER OPERATING FT'ND
The Consolidated Metropolitan District will incur expenditures for
the provision of recreational services to its residents. Table IX-
4, (p.66), projects the fund revenues and expenditures thru year
2006 (the term of the proposed agreement) on an annual budgetary
basis.
The Recreational Facilities Agreement, ES described more fully in
Section VII herein, provides for Lhe Consolidated Metropolitan
District to uniformly levy a Recreational Assessment upon all
dwelling units and subdivided lots within its boundaries, which
revenues will be used to defray the operational and maintenance
expenses of the Activity Center. fn return, the Consolidated
Metropolitan District residents and lot owners wilI receive
Activity Center membership privileges.
The Activity Center operating fund expenditures are primarily
utilities, operating and janitoria.l payroll, supplies, repairs,
maintenance and administrative expenses and are based on historical
operating information. Various lirre item expense increases are
directly related to increased facility use and recreational
demands, not sinply with tirne, and rrrould likely not occur if the
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population,/facilityuse}Iereto:remainconstant(nogrowth
scenario) .
TheannualRecreationalAssessmentissinplycalculatedbythe
total Total Expenses, less a factor for Other Income' divided by
the total Lots/Dwetling units. othe,r Income will be derived frorn
interest earned on account and from memberships purchased by out-
of-district residents'During the term of the ProPosed
Recreationar Facirities Agreement,, t)ne budget wirr be less than the
$5oorooo annual linitation'
The financial evaluation shown within Table Ix-4 (p'66) is based
upon the premise that the Parachute/Battlement Mesa Park and
Recreation District continues t,o provide facility programming and
administration. However, in the event the Park and Recreation
District should discontinue said se:rrices, the consolidated
Metropolitan District will be available to operate the facilities
and wirl continue to be bound by itr; $5oo,ooo annual rinitation; a
financial evaluation of this scenario is shown in Table IX-5 (pg'
67) .
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TABLE IX-3
CONSOLIDATED I'{ETROPOLITAN DISTRICT
Battlementc.O. Note
Mesa Water &
Series 1985A
Sanitation District
(Amended)UnocaI
edjusted
Year
95.000
82.000
90.000
74.000
74.000
83.000
74.000
9.000
x
17 ,450, 000
====:=====
$ 67,L4O
=:========
adjacent Cities MilI
Levies
Parachute (048)
Rifle (036)
silt (035)
New Cast1e (038)
Glenwood SPrings (Ave'
( 031- )
(052)
(053)
(054)
(055)
s city Average Total MiI} LevY
Minus
Net District MiIt LevY
EquaIs
adjusted Note Mi}I LevY
Tirnes
Assessed Valuation
EquaIs
Scheduled Annual PaYment
65.000
7 L. 000
7l- . 000
69. 000
69. 000
Example
Year
75.000
80. 000
90.000
76.000
69.000
78.000
60.000
L8.000
x
$5, L20, 000
=:==:=====:
$ 92,L6o
::=========
$ 27O,4O4
$ L78,244
Annual Interest
AnnuaI Interest
by BMP
Due 10%
Forgiven
27 O ,404
I 2O3,264
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8ECTION X
ALEERNATM8 TO CONSOLIDArION
In lieu of creating the Consolidated Metropolitan oistrict as
proposed herein, the proponents have reviewed the following
scenarios as alternatives. The findings are presented in narrative
summary fashion.
EXISTING SEPARAITE DISTRICTS
Leave the existing Battlement Mesa Water & Sanitation District and
Saddleback Metropolitarr District in place as they currently exist
with current service provision. This alternative has worked since
L985.
However, none of the benefits of the proposed consolidation
including elimination of duplicate efforts (i.e. dual Boards, dual
audit, dual insurance), cost efficiencies, assurance of Activity
Center funding mechanism and flexibility to accommodate future
comrnunity needs can be achieved with maintaining separate
districts.
BATTLEITTENT UEBA UETROPOLITAN DISTRICT INCf'U8ION
Include the Battlement Mesa Metropolitan District within the
proposed consolidation at the present tine.
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The Battlement Mesa Metropolitan District is the owner and operator
of the regional water treatment plant and of the regional sewer
treatment plant serving both Battlement Mesa and the Town of
parachutei it also owns and operates the Battlement Mesa Activity
Center which is available to residents of both conmunities. The
reconstruction cost value of these facilities is estimated at $Ze
million and each require a high degree of business, professional
and regulatory awareness to properly manage their operations.
The boundaries of the Battlement Mesa Metropolitan District, ds
depicted on Exhibit B, Boundary Map, are confined to the treatment
plants site and immediate area, andr is such, does not include any
residential areas nor does it obligate any residential properties
to any property tax mill levies. It provides water and sewer
utility service to other municipal entities such as the proposed
Consolidated Metropolitan District and the Town of Parachute under
contract by its Water and Sewer Service Agreements which obligate
it to provide adequate water rights, treatment capacities and sell
the utility services at its cost to serve the customers.
As the boundaries of the Battlement Mesa Metropolitan District do
not include any residential areas, the Board of Directors is
comprised of five property owners from within its boundariesi the
Board is presently comprised of three Developer professional
representatives and two Homeowner representatives. This Board is
charged with the complex responsibilities of short-tem goal
competitive utility rates, Iong-term goals of facllity naintenance,
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availability and technological upgraditg, and public health issues
including water guality production and monitoring, discharge permit
compliance and operations in accordance with Colorado Dept. of
Health and U.S. EPA regulations.
In consideration of including the Battlernent Mesa Metropolitan
District with the proposed Consolidated Metropolitan District at
the present time, the additional incremental cost efficiencies
would be minimal. The Battlement Mesa Metropotitan District
insurance policy is primarily based upon facility property damage
exposure with little, if &DY, premium savings upon further
consolidation while the audit fees are based upon account activity
which $riII have little change as weII. Furthernore, the Battlement
Mesa Metropolitan District has two existing debt authorizations
totalling S2.g million which currently are being retired solely
through tap fee revenue; should the further consolidation of the
Battlement Mesa Metropolitan District be pursued, the Consolidated
Metropolitan District would need to accept this additional existing
debt and it is unlikely that the electorate would approve accepting
it.
The existing Battlement Mesa Metropolitan District structure has
operated extremely well and efficiently while meeting a1t of its
complex responsibilities and regulatory compliance issues without
a hitch. Weighing the strong positives of the existing operational
performance with the ninimal cost savings and debt acceptanee
issues of a proposed further consolidation, it does not make sense
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to pursue further consolid.ation with the Battlernent Mesa
Metropolitan District at the present time. It is guite possible
that this scenario may be implemented in the future at such time as
all existing debt authorizations of the various districts have
reached naturity and the community has demonstrated leadership to
fulfill the coroplex responsibilities of this entity.
BATTIJET{ENT ltEgA SERVICE ASSOCIATION
The Battlement Mesa Service Association is the exist'ing naster
property osrners association able t,o provide various community
maintenance, civic responsibilities and recreational Progranming to
the community. This is an existing entity currently providing
certain serrrices and levying assessments to defray expenditures.
The most significant disadvantage to this alternative is that the
Service Association does not have the liability linitation
protection afforded to special districts by the Governmental
Inmunity Act. The Service Association, of which al} property
owners within Battlenent Mesa are automatically members of, thereby
would have an enormous liability exposure with no upper Iinitat,ion
lrere it to provide the ser:rrices as described within the Sections
III thru VIII herein.
TOWN Otr PARACAUTE
Include the proposed consolidating properties thru annexation to
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the Town of Parachute. Again, there is an opportunity for further
elimination of duplicate administrative serrrices, but several
technical and political problems arise which may make annexation an
unreasonable alternate.
Technically, the consolidating district properties are separate
tracts which do not adjoin each other, nor do they adjoin the Town
of parachute. Politica1ly, the two conmunities have strong desires
to protect their historic identities and status. The prior
referenced assumption of debt issues are further obstacles.
Addressing current affairs, the two communities have an existing
strong working relationship with each supporting and assisting the
efforts of the other while preserving the separate identities. It
is quite likely that any future scenario will continue to include
shared/joint services between Battlement Mesa and the Town of
Parachute on a cooperative basis.
INCORPORATION
Incorporating the community to
is the end-result goal of all
sirnply a guestion of when.
become the City of Battlement Mesa
interested parties. The issue is
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The municipal services typically performed by a city government may
include water and sewer utility service, street maintenance,
traffic control signage, planning and building regulatory services,
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police protection and pubtic recreational facilities. The actual
type of service facilities included and level of service provided
is a unigue determination made by each respective municipality'
Within Battlement Mesa the lrater, sewer and public recreational
services are provided by the special districts. The community
associations provide street lighting, conmon area maintenance and
private security services. Garfield County provides street
maintenance, traffic signage, planning and building regulatory and
sheriff protection services. A1I of the essential municipal
services are currently being provided at satisfact'ory levels by
these respective entities.
Some additional community facilities reguired upon incorporation
which currently are lacking would include a city hall, police
station and municipal shop facility. Battlement Mesa does not have
an existing inventory of available buildings to meet all these
needs and the incorporated city would need to acquire such
facilities.
Battlement Mesa is in a very unigue situation with a large existing
infrastructure including 24 miles of dedicated public streets to be
maintained, total assessed valuation of less than $6r0001000 tax
base and minimal retail sales properties for generation of sales
tax revenue. The difficulties which plague the other alternative
scenarios discussed herein which include assumption of existing
debt structure and facility acguisition costs are also concerns of
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the incorporation scenario.
The thrust to incorporate as a city is typically a process
initiated by the active participation of the proposed area
residents; the statutory process includes specific population
density criteria and a petition to incorporate signed by a specific
number of electors. The residents need to make the determination
that the existing senrice levels are unsatisfactory, that they
demand an increased level of nunicipal services and that the
financial ability exists to defray the necessary expenditures in a
reasonable manner. There has been no such active resident thrust
towards incorporation to date.
The original concept developed in 1981 was that the integrated
structure of special districts, conmunity associations and Garfield
County would provide the various necessary services on an interim
basis until such time as community growth could reasonably support
the incorporated rnunicipal services. we are stil1 in that interin
service phase and the district consolidation process is a
progressive move towards the ultimate goal, with more services and
the availability of additional services being provided by a local
governing entity, the Consolidated Metropolitan District, in a
fiscally sound manner.
The concept, process and timing of incorporation is a very lengthy
issue which is not appropriate to be fully addressed in this
Service PIan. The community developers, Battlement Mesa Partners,
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wiII submit a detailed report to the Garfield County Cornrnissioners
during August 1991, prior to the Commissioners schedule to act upon
this Service Plan addressing progress and a proposed tine table
toward incorporation of the cornmunity.
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SECTION XI
CONCLUSION
CONCITUBION
It is submitted that this Service Plan for the Consolidated
Metropolitan District meets the requirements of the Special
District Act relating to service plans (Section 32-L-20L et seq',
c.R.S., as amended). It is further submitted that, based upon the
foregoing information, the following conclusions can be made with
regard to the proposed Consolidated Metropolitan District.
1. There is sufficient existing and projected need for
organized service in the area to be serviced by the
proposed Consolidat,ed Metropolitan District;
2. The existing service in the area to be served by the
proposed Consolidated Metropolitan District would be
enhanced by the proposed Consolidated Metropolitan
District for present and projected needsi
3. The proposed Consolidated Metropolitan District is
capable of providing economical and sufficient service to
the area within its proposed boundaries;
4. The area to be included in the proposed Consolidated
Metropolitan District will have the financial ability to
discharge the proposed indebtedness on a reasonable
basis;
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5. Adequate service is available to the area through the
county or other existing municipal or quasi-municipal
corporations, including existing special districts,
however, the proposed Consolidated Metropolitan District
could provide the services in a more efficient and
effective manneri
6, The facility and service standards of the proposed
Consolidated Metropolitan District is cornpatible with the
facility and service standards of each county in which
the proposed special district is located and each
municipality which is an interested party under Section
32-L-2o4(t) i
7. The proposed service plan is in substantial conpliance
with a master plan adopted pursuant to Section 30-28-L06,
C.R.S., if any;
8. The proposed service plan is in compliance with any duly
adopted county, regionalr or state long-range water
quality management plan for the area; and
g. The creation of the proposed special district will be in
the best interests of the area proposed to be served.
Therefore, it is reguested that the Board of County Commissioners
of Garfield County, Colorado, which has jurisdiction to approve the
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District Act,
submitted.
adopt aService PIan bY virtue
resolution aPProving this
of the SPecial
Service PIan as
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ExHrBrr "A"
RESOLUTTON OF THE
BATTLEI'IENT I'IESA WATER AND SANTTATION DTSTRICT
(CONSOLIDATION )
WHEREAS, The Battlement Mesa Water and Sanitation District,
Garfield County, Colorado, is a quasi-municipal corporation and
political subdivision of the State of Colorado organized and
Lxisting under Section 32-l-101 , €t seq. , C. R. S ' ;
WHEREAS, The District is empowered, pursuant to Section 32-t-
601, et seq. C.R.S., to inj-tiate proceedings for the consolidation
of the District with one or more other special districts; and
WHEREAS, The Saddleback Metropolitan District, Garfield
County, Colorado, is contiguous to the District and shares many of
the same interests as the District; and
WHEREAS, Section 32-1-602(21 (a), C.R.S., authorizes the board
of the district to pass a consolidation resolution for the purpose
of lnitiating the consolidation of ttro or more special districts
into a single and consolidated district, in the form stated herein.
NOW,THEREFORE,beitresolvedbytheBoardofDirectorsof
the Battlement Mesa Water and Sanitation District, Garfield County'
Colorado, as f o1lcrws :
L. The Board has found and does hereby find and declare that
the Saddleback Metropolitan District and the Battlement Mesa Water
and Sanitation District are so situated that both districts may
operate more effectively and economically as a consolidated
district and that the pubfic health, safety, prosperity and general
welfare of ilre lnhabitants of the Districts will be better served
by the consolidation of such districts.
2. The proposed name of the proposed consolidated district
is the "Consolidated Metropolitan District".
3. The special districts to be included within the proposed
Consolidated ptatropolitan District are the Saddleback Metropolitan
District. and the nlttf ement Mesa Water and Sanit.alion District.
4. The board of the consolidated district will have five
directors. The consolidated district will not be divided into
director districts.
5. The dist.rict is located within three miles of the Town of
Parachute, therefore, approval of a consolidated service plan is
required. The consolidation of the districts shall be cont,ingent
upon the approval of the proposed service plan for the Consolidated
ULtropoliCin District by the board of County Commissioners of
Garf ield Cout'lty .
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6.TheSaddlebackMetropoJ.itanDistrictwillhaveuntil
September 30, 1.991 to appro,r" tir"'consolidation resolution in order
to be inclutled withil ttt. -proposed Consolidated Metropolitan
District._\
RESOLVED rhis z$i day of s^ :y = ,' 1.?91 bv the Board
ofDirectorsoftrre_nattt"*"ni-uffianiEationDistrict
;; the district init.iating the consolidation'
Attest:
Pres iden t
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RESoLurroN oF TllE-
sADDLEBA.K ;;TioPot'*en DrsTRrcT
( coNCuRRr*o toii#i"io-etl oN RESoLurroN )
I'JHEREAS ' The Battlement }lesa Water and San-itation District '
G a r r i e 1 d co"n t v"
-
c or or ado' illT*# :d{t"" ;*";;;ff;;i;:X :lt
H1::i;a',f#.'1:'ii"".x, il-'-io'' et s€Q" c'R' s' ;
VJHEREAS,TheBattlementMesaWater.atrdSanitationDistrictis
?x?i:t:';'.YJ;i+fi"it;""t':"::":*ii'-"#i;h=*x'.i'""J"i;"u:?t,tater and t"Lil"tiln oisLrict with oll
di"tti.t"; aud . . t, Garfield
.oun.Xlul3i;;".ll"r "
tjS'1"'"I'1j'T1.i{'e,J."""""*"":"'r'";,,u''"'- manv or
the same int"?llt" ;" the District; ano
,,H ER EA s' s e c t i o':
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of tf',"-Oi"trict to Pass a
:
of concurri,.,g-in-ir,. "on""ii;;;ion
of ty" "t *l'" "p"!iaI districts
intousinsriu',a-"o"t"rlulili-di"t'i"t'-ii-theformstatedherern'
NOW, THEREFORE' ?9'it resolved by- the board ot- Directors of
the saddr"nuJx
-lrlJropolitai rii'iti"t' cu#i""rl-Countv' colorado' as
follows . ldeclarethat
. n " u ] i u, S": f "-X11;";i'i ;:T
"
il3' i :! :+ :' ; l : ; : i t' :ffi ';
"
M ; i ;- I " : : :
and S an i . u. i-on D i s t r i.c., l t "- "-'
-"i t u a t e"d' ti ui- to th- t'.:::'"t n 1!:j
op"'ut"-l^$ir:*ii:;',"t'r'-*:*.:;;1""1'""'t'lrt:i"li"':;"J;!n"'urdistrict an<
welf are or tr,"'-inr,iuit"ni;-"i';;; ?i:Jt'i"t;
-niri be 6etter served
by the consiiia"Ii"n or such districts '
2' The propo?"9 name of the-grlnose$ consolidated district
is the "co""Lii"["a u"t'i"p"iitan District"'
3 ' The special- 'f istricts to be -includeq -Ii:!1n th" propgsed
consol ida te<l Gtropot i t un-
-oi
s tr icr ur.' ii"'" i iaar "uuck Me t ropor i tan
Disrricr ";; the Battl"*;;t M;sa Wat"' "u'iu"Iunitution District'
4 ' The board of the 9o1qo1-1-qated
di stricL-will have f ive
diret:tor" ' "'itl"
"on'oriiui"J
- oistrit't=i'ili n"t be divided into
Iii..t"t tlistricts '
5.TtrecjistricLisloca!"dlitlrirrthreemilesoftheT-ownof
p a r a c rr u r e, r r.r e r e r o r e, : o p'
" " "
r - "1, : it1f:l'*" 1".: t"; ;; "": liil! ?
i ?
reqrtiretl' ;i'';-;;;toridation of the (
upon .n" uoor.rJ of th"-;;;;osed =t'Ji;J'o'"un f or^t-he Consolidated
MetropoliJ"l.,
''oi"t.i., 'o'r^ -irtt board'^Jr"
-Co'nty c"**issioners of
Garfield County '
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RESOLVED this
Board of Directors
district concurring
Attest:
I
6.TheSaddlebackMetropolitan.Districtconcurswithand
approves of tlt; consoli.aat'ion
-iesc,lution of the Battlement Mesa
Warer and sanit-ati"; OistriJ in order to be included within the
proposed Consolidated Metropolitan District'
ZST-\- day of V*Y . , , =' -199LsuJAiebacx ltetroflo1 i tan Di strict'
by the
as theof the
wi th the consolidation'
Pres iden tcretarY
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EXHIBIT ''C''
IEGAL DESCRIPT]CI'I
FDR
TTE @'iSOIJDATED I\'ETROPOUTAI,J DISTRICT
[A]-1 of t}re Saddlebad< ItletropalitAn District, to wit: l&mdrisk lc3t
(e aodiftcatlon of hreel t-3)
I parel qf lmd leatd tn tjr. rDrtltpst $art r of Sect,im 19, Iosrrtrip 7
8outh, Rarge 95 lb.st, of tJr. Sirth Princtpal ltrldian a.rd tJE rprtJreast guarter
of Srtlon 21, Ibrrrshlp 7 Sq.rt}rr Rarge 96 glest of thc Sirth Princtpal lbridian,
rlt ln Garfial-dl Co$t]r, 6lordo, belrg rorc Frrtlcrrlarly desrlbed as fol-lfr,s:
Ccnncrrelrgr t! ! potnt of referene, tt tlc rprtJrea.st FrrEr of said Sectlm 24,
frcn r*rerc t}e east $iart r @rner of raid Sect,ion 2{ bears 501'05'12'l{ a
dttgtane of 265t.61 feet, riti elr bearhgs ontalnd l-rein reld.ive thercto;
$errce S{9'{3f{{'W a dlictartoa ot.2877.91 fect, to a point conton to Farccl 'C. of
Tanarisk Srbdivislm Piltm lib.l, a plat recorrlcd in the C,arfield Cornty Clerk
anCl Recorderrl Office (Receprion No.316729) ard Trrrarisk Subdivision Filirg llo.
2, e Cat recordd ln th. Garfield Ca-nrty Clerk md Recorder's Office (Recept.flon
b.323297), sU point betrg tjre Folnt of Boginnrrg;
lFrerce alorq aald bo:rrdary of tanrarisk grbdivision Filf4 t$. 2 th follorirg
threc (3) courses ard dlt^anecg:
1)N40'{3'{4'B a distane of 3700.35 fcct;
2)N5{'38'{l'E a 6Lst ne of 308.20 fcct,;
31s22'21'48'B a dist^ane of 1m3.75 fcet;
fherca s59'20r12'w a distare of 369.{8 fcct,;
l$rerce t88.00 feet dog t}re arc of a cr:rve to the right, travirg a rdirrs of
370.00 feet, a central argle of 29'06t{3', ard a clprd bearrrg 516'06'30'E a
disLance of 185.98 feet to a point m the ccnmon bo-nrtlary of said lbnrarisk
&:bdivision Filirg lib. l, Parc\e1 'B', ard eaid Trrarisk Subdivision FiIirE Ib.2.
Grere alorg eaid bqnda-qy t}e follwing tsF (2) courses arrC distarces:
1)NB8'5{',48'W a dlstane of 589.61 fcet;
2)S01'05'l2T a disr$ce of t558.30 fcct;
Grerce 588'5{'{8'B a distarrce of 590.00 feet,;
!&rencc S0'l'05't2'tl a dist nce of l?9.66 feet.;
$erce 50.87 fect alorg tJ- erc of a ctrnre to tlt left, hnrirg a rdius of
180.00 fe€t, a central rrglc of 16'llr32', md a drord bearr-rg s07'00'3{'E adtgtarr of 50.70 fect.;
!trrere Sl5'06'20'E a dist^mce of 10.06 fcet,i rGnre 29,75 feet alorg tJ- arc of a crrrve to tlc rlght, havirg a radius of
20.00 feet, a cantral rqle of 85'l3rll', i'td a chord bearirg s2?'30'17"t{ adistara df 27.08 fe.rt, to e plnt m tJre nortlrcrly ri$rtrf-r*y of Stme Srarrybd, Parcp] tA' d aaid Tarnari* S-Sdivision FiIirE lb. l;
lhence alorg uid rlghtrfr*qr t}t fo[orirg t€n (t0) courses ard distarces:
t)36.10 fet alcrg tlre arc of a crrnre to the left, havirg a rdir:s of
580.00 fect, e srtral ergle of 03'33,57', ard a clDrd bearirg
858'19f 5{'t( e d.lntrrc-e of 36.09 fcct;
2)566'32'551{ e dlstara of 207.53 fcet;
!)98.60 fe€/t. alorg thc rrc of a qrnre to the rigl*,, havlrg a radius of
420.00 f€€t,, r catral argle of 13'27,05', ard a clDrd bearirrg873't5'2BY r dictrE of-99.39 fret.;
l)380'00'00'It r d"lrtare of 277.31 fcet;
,-Hi*B'
(e ncdlfi;E; of Parel t-3)
5)?6.79 feet alorg th y" of r crrrv:-I?^Pt rlght' h'r'1ry e rdlus of
'+{o.oo fe€t', e oerrtral -;L-"i-i6;ooio0;; art6 a chor6 bearirs
s85'oo' 6.rt'e-aitt'rr of -?6'?0 C*i
;l*i;F;*li*r-:0"?'l'l1ii!i:t rert'; h.'iF a rdirrs or
50o.mfeet',a-oentralGit-i-ii;ss;oli'-dadrordbearirE
E85' 32' ii'rr'e atstarr of- 77'1 I -tqttt i
ln:l;li;fi,Sffi';'l';lffii** r,eht, ,,-.ip '.rfi* or :
l2o.mfect',a&ntratGu-"irq;ot;12;'md-adprdbaringg86'05'i6.rt'"1i"t'ta ot'- 7!'3s !cct;
borrdary of rai.d rTirirh s*iJi"Gion riiGE'-1' Parc'eJ 'c ard
#**r"*ry^ill4ri##rntH, ( I ) courses ard d is+"a# :
iiili'5l'ii'lr a ar"t"t'o of 50'00 fcct';
ii;oi'oi'iz'i a aisttre of 1m'00 feet;
ii;iid'5{'ig'l{ i ai"t^ato of 52{'31 fcct;
ii';i.il'i=:r*rc"il [';]*ffi* t]c lert' I."ui'E a rdirrs or
52o.oo fe€t, a erttrar;; -q-':to:togi' tnd a drord uearine
' s58'ra'-tir'a distarrce of 31{'05 fcet;
lliii:li:liIi:1re 3[ l3l:3i iS''" $E Boht or Beei,nrr''
c""t f"G-103.29 rreg @re or l'ess'
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A parctJ of lard trcated tn t+ put}reast q:arter of Sect'ion ?, rd t}E
rprt,-ast q*r-;;-i".*i* rB,;ir- in zui,unip-?-sout}, Rarge 95 t{est of t}e
sirtl prrrEipsr raiiaGl-carriiti-co6.i, coro?"aolilil p.'ti*tarlv 6escribed
r fo].l*c:
Ccnngcirgr E t Foint of. refererrc€' * U: qo{hast corner of -said Section ?'
frcrtr rterrce t5e elst g,arter 9.*"; of seid Section ? bears I$0'50'57'E a
distrrrce of 263glii-f;a-'iu' Ji u""ti.gs goltrined 'erein
relative tlrereto;
tsre:a !n2.{3,06t'"-ii;i;;- oiirge.2l ieeL to a point on the east'
right-ofray line'oi w"; Ba*';;-i"rt<"ay' parcei 'A' of
''amarisk
Subdivisiori
rilirs tb. r, "'ifli ie"ora.a i" t5i diii"ii Cg-tV C1erk a'r'rl Recorder's office
(Ra-^err-ion lb. 3i;il e );l;- +;**;ii-P"4arv' of B:rnirq Rock s$iivisio:''
e ora., recorded'i; t# c.rri.ra.Liil-Airl qd Recorder's office (Recerr-io::
Li-iir ii'l l,-*ii'p.i"t-utr:r9 tlre point of ffi Lr'ri:s ;
rhe'ce alor€ .;"bfi;;;;i;i; ;Gi"€-R"c[ subdivision the fo'lo*ire four
( { ) cour sei
'' :ioo ,3 itTTir*,* of I 85 . 71 f cet ;
iisoo'oo'oo'li a dtistanc'e of 310'00 fcet;
i iisi'ig ' io-* a distance of ?54 ' 25 f eeiu ;
{)s30.{O'OO'h. a itista:rce oi sos.sg feet.to a point an t}re northerly
bor.nrdarv of Hirrcr c'eei'viiGi tepn z' a Plat rec'orded in the
carf ieIS County Clerk ft-;;#der's. ofii"i tnicept-ion lilo' 322310);
Thence almg rhe bcundary of *Iiwifi"^^'c,""X viii;" seciion 2 g.E follc*vin3
t"o tZ) ouises ard distanccs:Lw '-'lGiirg'og;w a distance of' 211'10 feet;
2)Ngg'35,21'ti a dist-arce oi lgl .12 f*L to the easterly right-of<ray
-'of said l€st Battlenert Parlcray;
Srerrce a,orE said right-ofiqy'tj=-;;ii;;irq four (4) c'ours'es ard distances:
eE D 1)Nii'i6;oo;i-a distan-ce of 5{1'5? feet;
21725.{0 fe€t' alor€ t}E-;; of i "o"9-P th" right''havirg a rdir:s of
95o.oo feet, a ceraral**i: ;t-ti'':'00"' rrd-a chord bearing
rliitzi'30;r'a distarrcc of ?07'9! !cet; I
3)iii'i;'66'; i ai"ttt't= of 3{0'50 feet';
{){2g.g{ feet a}or€ tJ*-;; oi i "o*e-to t}re left, havirg a racir'rs of
55O.OO feet, a central*;i; }-rl'is'{3" ard a chord bearim
1.,2'5'l ,39,8 a aistance o-t-iiA]ig
-i*t to ir'e Point of Beginrirg'
Containirg 21.12 acres EPre or less'
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'ffitdlT'f*ruj13"'
*f{*.,*'iffi'
carremirg, * "'i-i,t of referenoe, at tlt-rprt'cn,ar"rr @rne-r cf sa:'d se--!cr'
t?, f rcrt rrre:rce'#-,-;;;; JJ[l ii *ia s"Ji]n rz bears NBB'{4'21'}, a :
tgflT,ir,iil8ff .{ilb"ithifr iTr:E,H'3r'li'*:;si:r'
uor:ndary r: t*.e..prr.a srorre;r;;"iii*; s""tloi 1\p' eaitt poir''- beirg the
;ilt-"i *r*ti!tl-a"ry tlre forro*,in g-. (2) courses ard distarces:
lsrerrce
}#,:iliiffi:1"H=-il li:el IF-* a point cr the resterrv
-'iight+i[y-or gtoP"S"tffiIfrtflt (5 ) course: and distances : -
Srance a1o4 said righ!-ofTY
1)33{.ri-iee:-aroret}re.;;;i-;*tt-Jt#'rlti'-}i"i*aradiusof
650.oo feet' a centrall;i; Zizg-'zt'Ir;''-"na a chord bearing
Sll'25'25T{ a dist"re of
-33C'19 !*':t
lnii,i;;X;;i"t"lfli':'"!':';3iiil 'o rieht' havirs a radius or
25o.oofeet,"-"=,*"i.-Ii":i-i';,oi,fJl;achorcuearing
soz.Zi,i;;;'a-!i1anc.e of 50.1 3 fect;
lnii:ii:liil: ll*:E ;: iisi3,^Ei ,o ? Foillj?:* ror'i)rerrv
bourdary of the ,.JJ'wiii*-ci"tx vilree section {;
Etpra aror' "]ii ;dfr..i*?ri*i's fiut (Sj'"oitt"s ard dislua:reS:
1 )N69' iitg'tr;ai'stlrr'ct of 399'6{ fect' ;
z)rolo'ri'6;{ i qitt"'"" of l0l'{2 fect;
3)sB2'i;'ii+ i qi*ry of ?{'67 fcet';
ii:li:ll:ilr i i'ffi ;: iii,?i IE''" a point qr.'lhe rortherrv
brrrd".r or Hirror cl"i-viiiqq toil! t:'i'-:-lt* recorded in the
carr ie:,.a cour'ty o95i.Tfu
' ;;Ee;', -oi
i i." (necept ion llo. 3223 1 0 ) ;
srerrce e,oo, ,,G uo,na."y E FJr,,i'e.fg* ilj *,'*= ard di*'ances:
r rsaz'iliol*igi;:T"" of 108'66 fcei;
zttoa'6i';;ii i aitt"t* of ll5'{3 fect;
iiui:il:llr:3iffi :liii;i?iF'- " poin'i sr tln eastcrrv' '
b'^a acv of E"r rn irs ;i' s;; ;'v i s i"t-.}[#'; f' t'f" l?'I Gar f i e I i
*'#LIix ""4 n6corder'" $f ice (
rsrerce alorg'Li' ii-J"o a,r"' roi r*'r re -bp (2 )'cor,' s"t and d i s*',cts :
DraE?
ll$l:Hl'r*il'm 3i lii:li,[F;'to a point * tF aor:'l-hriv
borrrdary of clc no;€;-s*" Ri.dge vil}4e se*ion 2;
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PARCEL
Pq,e
srerrce elmg saia bolJ.tdyy tl,c follo"ir€ nine (9) courses md distules3s'e'- I);ii'st'igiz a diitrra of 180'B1 feet;
;l;i;'zi'ii'; i aitt"t'"e of 36{'e? feet;
iixli'os'lfi a digt:rrce of 385'81 feet;
iiiiso'irid'i a distrrrce of ?8't0 fegL;
;i;gr'52'io'E a dista'rce of 161'2{ feet;
;i;t;'zz'li'i a distancc of 69'78 feet;
iisii'iz'06's a distarre of 55'36 feet;
iiN6E'ri'ii"e a disLarrce of 10{'t8 feet;
g)s{g.{g,2g,E a disLa'ce oi zs.il fe€'t tD th€ Point of Begin"rirg'
Containilg 39.15 acres IIDre or lcss'
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SPECIAL DIYIRI T AREA 3-IO
HiIIor Creck Villee Scction
t parel of lard lrcated in the rprt}rrest glartcr of section 17, ttofiship ?
e,.,,rt1,. Rame 95 ttst of the Si*f,i"i;;iP"i-[briiian, cgrfield 6mty' Coloraio'
H#A*:Bfl'.f-1ff:;'E-.":g o*r @rrEr or said sef,-ion
t?, frcn r+p;rce tire rprurrwett *ii.i oi t"ia Seccio" 1? bears N88'{1'21''rt a
distance of z5{r]d; I'";, ** +r-u"Jirgr contained herein rerrrive t}Ereto;
l$rencre 556'{0,Ziii-"-ii;6; of tgSl.Sl ieet to a point m the *sLerly
;i;;i;f;y of .Pro'Posed sPercer PrkuqY;
rhsree alore ""r.5'ffiil;;;-bi;os'2trr
a distanc'e of 300'88 fee'-;
!$rence 27.09 feet. aforg * q.ii i-"ot'" to tlre right' havirg -a radirrs of
20.oo feef,, " "",r.rJ-ic; ot-zi:ri'iB;,-and a dror6 bearir' si7'5{'35'h* a
dista:c of 25.06 feet to a poirt * tr.'rortlerly right-of*y of tle propose'
n];rHffi3ttffil:"floy the folro*ine fotrr (r) ourses ard di*a'ces:
'r'elb I );66'-arilrr-" distarce of 103'83 fect;
21264.69 feet alag t}e.arc of a crrrve to t}re ri9ht,.to:i,u a rdir:s of
522.96 feet, a cerrLral-u4ii "1^22'o9i0o"
ard-a clDrd barirs
rng;l'7'le*'a distarce of 26l'88 feet';
rtiiil'iz'tsrr a distance of 231'82 feet;
{)132.82 feet alorg t}re-arc of a curve to t}re left' haring a rcius of
622.96 fe€t, a e'entral ;i; "t-ii'i?':'" ard a ctolf bearirs
N7O-23.45.1f a disr-ane ofiiz.sz reet io a point^on the eas"er)'y
bourdar.y of a Speci*f diroai.ryF:"-tor-nrtain States Telechone anj
. Itlegr-.h-i."or?leO it tf,"-C"iiield Cotrnty CierX md Recorder's Off ice
tn"ciPtion rb' 316688);
t1errce along *il-ilrd"ay tJ* ioUo^'ing 6F 12) courses and dist^ances:
'"ses 1)N6i'05'52'E a d'istance of' 220'11 feet;
2)Ngg.5{,Og'1{ a 6ist-arrce oi ioa.zs fe€t' to a point m-t}re eEsterly
boundary of will*r Cr*f'viiie; -t *i* rlr. 2, a plat recprdEd in
tr,. c"i?ield cor-mtv q.ix' ""1-i.""ta"ris orii"! (niception llo' 32231 0 ) ;
Trence aloq "ji;';;;;;-iroroi;s2e
a dista'c€-oi'rse.{2 feer to a point on
tlre southerly ba:ndary-of a* ot.**a-st*" nidge Vilt4e sedion one;
Gre'ce alorg t;it;;dff, *-'i"ii*f"g five (5i c.ootsts ard distances:v=t* ;l;ria'rr;il;s " aiit'ance of 2{3'23 feet;
iilgl'li'i 2'E a dist:nce of' 212'59 feet;
ii;gi'i 8' I l'E a distarrce of 7{ ' 57 f eet;
iilro'li'05'E a distarce of 101'{2 feet; -
5)569.l{,5g.8 a dis;tance oi rgg.gs r"* tD t}e Point of bginning'
C-,t ioitg ?.90 acres rcre or l'ess'
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SPECIAL DISIRI T TREA }1
Jd'l Focklt Vll'Iqe
A parel of lard locatd ln tJ.'c rprtl'rrslt. q:artgr of sect'ion l?, Sonship 7
Solrh, Ferge 95 t{.;of O. iir,til;i;;ipti-rerirlian' Garfield Comtv' Colordo'
ffiffi,t-t**'r?"iy",J, IiH-s+,. qrErt€r corner or sa:r se---:c:'
17, frcrn rhe'o t!. -rtl*st *'j!l of ttia S"tion 1? bears N01'05'52'E a
dist;,.c! of 2639,66 fe€t,, Yitj, aii-XJirgs co.tained herein relative thereto;
t;,xo{trrllr:;-"-;i;i;; or igz'2s r;et *-i.Ti";*ff 3ffii;ilt;iil-;;y-Itre-oi Stonc euarrv nod. Pafc'e' ',
FiIiry tb.t, " frJr."oia*i i".'t#;ltit*ri-c"-tv-c1erk and Recorser's office
(Reception,o. frEiz;i;;J p"hr b.irs tr.-tri"t of BeginnirE;
l6rgjE€ almg saj.d rightr-f{ay rriir'oi;ii'E a dis"arrce of 687'31 fcet;
ffi "i#,H
j;x$F,t;i j"nx'n';*i:i5:i,:r:**$'^13;oo
of 28.28 fe€i, to a Point an t1.,e'i"*f'"tfi right-of-qy-of tJ- goposed East
H:itjE.*fffi';trn :gf.ay t}e forrodrs flve (5) courses and distances:
'"e'F ilid6'ir;08'g-" distance of 80'00 feet;
2)221.65 feet alorg tr*."'" oi-" *,.,9.P th. right, havirg a rdir:s of
522.s6 feet, e ct'1tral}i9 tJitiliiz" and-a clprd bearirs
ils'ls'7i'g' a distarce of' 222'9{ feet;
3);;{'ii'ig'i a distarce of 231'82 feet;
l)315.31 feet alorg tj'c-;; oi i *ry" P th" left' Ita"irE a rdius of
622.96 fe€t,, a centralftig-I1-;i;o9ioo" ard a clcrd bearirg
iia'rl'ie;e'a distance of 311'95 feeE;
5)Nts6'{2,{{,E a dtistance oi ilo.03 feet.to a point on-tjre rester}y
boundarv of Jack'" po*Ii viii;"-PtiG *: l' a plat recorded in t}te
carf icli Cor.rrtry clerXli' necorae r' a
^-Oi
f ice ( ieceit' ion tlo' 3 { 4 0 5 3 ) ;
llherrca alcrn said bo:ndary t]rc f;Ut-'ttq bP (2) eurses and tilistanc'es:
^'rs'w ;i$i'ir;is;s-" dliit.',ce of 120'00 lect;
iiiii'ii')''E a aistance of 113'71 feeti r
ffi :ll:in'iil LHffi{: l?lil:.,H ir the rishr, E'i's ?.r*iH :l
25O.OO feet, a-centrat argle oi-fi:Zi'OS', "tO
i cUr6 bearirg s25'3{'28"}i a
distance of 168'35 fect';
;;;;;{i;ts'6i;w " aiitancc of l8'l'82 feet;
srerrce 11g.28 feet alorg q,";; oi i *.re to tlre left, havirg a raiir:s of
3?5.00 f*,c., "'JorrJ |1gf" oi-fi:1t't;, ard i "fota bearirq S35'08'1?'br a
m,?toll}1?'"ti.**dto8.97fe€t,i.8.92f,e*a1orgt}rearcof^a
curet to tlte lcftr lravlrg " 'Jitti-oi rso'oo itiil i-centrar-arpre of 18'411
08, rrCt e c+prO-Uearirg- SiZ'fO'SaIW " di"t-n"t'ii-iA'?O fc€t' to i coint m the
rorthcrly budary of Jack'r #t; vU!-"PII;;-G' z' a 9Lat recordd in the
Carfteld County derk "na
*.""8I;t-OtfG" tn"..ttion lib' 3{{05{);
o.ere aror€ ilii'u".,g".1'.J'i"irI.G if (2) lourses ard distarces:
l)N'86'fiE91r a di?rtarrcc of l3l'17 fecrE';
2)SO1'il,01.n a dista; oi f iO.OO fe€t to a-!oi'tt m the nort}erly
rtght-of-uay of tlrc oi"ittg County noad 302;
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Page &oParel 5-1
ttrerce alcog^aaid rightrcf*y t}e foll*'iry trD (2) courses ardI)N88'{8,59It a distancc of t3I.97 fcet,;
distances:
easterly
Garfield C1erk
2)N88'{6,0{'t{ a distanoe of. 274.71 feet to a point
bourdary of Battl.errent Cstetery, a plat recorded
an! Recorder's Office (Reception lfc. 368{53);the,e elorg-said boundary t}c follouirg trc (2) courses
| )N{7'56'Oo'w a distr)ce of 37.t . ie fcet;
2)N59'05'22a' a dis."ance of 15{.60 feet to a pointright-ofvay of said Stone euarry Road;there dong said rightrf-rray N01'0S,52.E a distarre of
ard dista.nc.es:
on the easterly
t 1 1 .70 feet to ttreFoint of Eginning.
- Conte.inino 31.68 acres rDre or les,t ANo
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(inclusio:r of I/6/89)
Temarisk East(a npdif ication of parcel 1-'l )
A parcel of lard located in the nort} half of Section '19, Tornship 7 South,
Rarge 95 l'iest of the Sixth Principal t'hridian, C,arfield Courrty, Colordo, beirrq
more particularly described as follor*s:
Conrrencirgr Ac a point of reference, at tlre northr+est orner of said Sedion'l9,
frcrn wl-rence tlre west quarter corner of said Section 19 bears SOI'05,12"W adistance of.2651.61 feet, rrith aII bearirrys cpntained herein relative tlrereto;
Ihence tO5'44'43"E a distanc.e of 879.74 feet to a point on the easterly bourdaryof Tanarisk S:Mivision Filirg b. 2, a plat reorded in tlre Garfield botntyClerk ard Recorder's Office (Reception tib. 323297), said point beirg tfre nointof Beginnirry;
Thene alorE said bounclary the folto*irg trc (2) cq.rrses and distances:
11522'24'48"8 a distance of lOG.47 feet;
2)S52'00'00"E a distance of 506.40 feet;trence 555'30'00"8 a distance of 1159.56 feet;
Ttrence N73"10'24'E a distance of 395.19 feet,;
frencre s50'00'00'E a distance of 175.00 feet;
fhence 579'00'00"8 a distance of 175.00 feet;
thenoe N53'00'00"8 a distance of 200.00 feet;
Ttrencre 590'00'00"8 a distancre of 350.00 feet;
ltrence 563'00"00"8 a distance of 227.74 feet to tle resterly rightrcf*y ofStone-Q"try Road , a plat reorded as lknarisk S:bdivision Filirg N,o. 1,ParcrefA', in the Garfierd county clerk and Recorder's office(Reception lb. 31 5729) i
Thence alorg said right"ofrray tlre follo*ing six (6) ourses and distances:
I )500'56r34"W a distance of 7G5.88 feet;
2)581.t12 feet along tlre arc of a crrrve to the right, havtrg a radius of420.00 feet, a centrar argre of 79' 19'oo', ard a chord bearirg
S40'36,04"w a distance of 536.09 feet;
3)S80'15'34"W a distance of 2500.85 feet;
4)98.09 feet alorg tln arc of a qrrve to the right, havirg a rdir:s of
420.00 feet, a central argre of 13'22'54n, and a ctrcrd bearirg
S85'57'01"w a distance of 97.87 feet;
5)N86'21'32"w a distancre of .l09.36 feet;
6)238.16 feet along the arc of a crrrve to the left havirg a radius of
580.00 feet, a central argle of 23'31r3G", and a ctprd bearirg
581'52'40"W a distance of. 236.49 feet;
Therrce 29.75 feet alorg the arc of a curve to the left, having a ratius of 20.00feet, a cerrtral argle of 85"'13'11', ard a clrord bearirg N27'30'l7nE a distarreof 27.08 feet;
Thence Nl5'06'20"t{ a distance of 10.05 feet;
Thenc'e 50.87 feet alorg the arc of a curve tso the right, havirg a radit-rs of
180.00 feet, a central arrgle of 16''11'32", and a chord bearing NO7'00,34"W adistance of 50.70 feet;
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Page Tln
Tanarisk F:st
(a modif ication of Parcel 1-'l )
Thence No'l'05r12"8 a distance of 419'55 feet;
Thence N88"54'48"w a distance of 590.00 feet;
Thence NO1'05'.l2"8 a distance of 820.00 feet;
th.n.= S88'54'48n8 a distance of 570.00 feet;
Thence 31.42 feet alorg the arc of a curve to the left, havirg a radius of 20'00
feet, a centraJ- ..,gi"- if IO'OO'00", ard a chord bearirg N45"05'12"8 a distance
of 28.28 feet;
thence wOl'05 | 12"8 a distarce of
Thence 188.00 feet alorg the arc
370.00 feet, a central arqle of
distance of 185.98 feet;the Point of @innirq.thence N59'20r12"8 a distance of 369.48 feet' to
Containing 135.43acres lrore or less'
Revised 7-25-88
718.30 feet;
of a curve to the left, havirg a raditus of
29'06'43n, ard a chord bear:-rg N15'05r30'w a
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R.V. PARX
A parc'el of lard located in tlre nortle:st guarter of Section 24, Tovn-ship 7south, Rarqe 96 t'rest of the sixti principar r't=ridian, c"rii"rJ county,colorado, beirg nore particu-Larly descriLed as folro*s:CornencirE, as a point of reference, at the northeast corner of said.section 24,frcnr *trence the e3st guarter corner of said section 24 be;;; iot'os'12,w adistaDc'e of.2651.61 feet, wit} !.| uealirgs ontained nerein iera.ive tlereto;Thence s{9'{3'{4"wa distanoe of 2g77.9.l ieet to a point o" u-t+esterry bourrdary of Tanarisk s:bdivision Firirq No. l, parcel "c,,, a pratrecorded in the Garfield_Q-ty clerk and Recor6er's oiri."-in"o"puion ltc.316729 ) ,- said point the point or aeginnirq ;thence alorg "1i9-Frd1ry the foltg1ng 6ight (B) courses ard disralc_es;I )S{9't 6' l6.E a disrance of. 4Z0.OO-i6i;
2)NdO'{3r44"8 a distance of 157.55 4;a;3)319.03 feet alorg the arc of curve to the right, havirq a ralitrs of520-00 feet, a centrar argre of 35'09,09", ",ri;;h"; bearimNsg'Ig,l9,E a distance of 3,t{.05 feet,;4)Nt{'02,07"W a distarce of 1?2.{9 aeea;5)588'5{f 48"E a distance of 524.31 f;a;5)S0l'05,12"W a distarre of 100.00 f;a;7)S88'5{,48"8 a disrance of 60.00 feeii'8)s0l'05'12"w a distance of 711.29 feei to a point on t}e northerlyright+f-ray of said Stone Qa.larry Roa.t, parcel ,A' of said TanariskSubdivision Filing lto. t;
F""": along the line 6nron to said rbnrarisk s.:Mivision Filirg No. I ard saidTanarisk grbdivision Firing lib. 2 the folrowir,g;il i;t;";;G- ""a disrances:I)N88'53'39"W a distane of .l93.G4 feet;2)108.21 feet alor,g tlre arc of a cr:rve to the right, havirg a radir:s of310.00 feet, a centrar argle of 2o.oo'00,, arrl a chord bearrrry!r8'53t39,W a distane of 107.6G feet;3)135.14 feet alorg the arc of a crrrv. L tr," Ieft, having a radius of390.00 feet,, a oentrar argre of 20.00,00", ana a'crrcrJ uearirgI.r/B'53,39,w a distanc.e of 135.45 feet,;4)N88'53r39"w a distance of llO.OO f;i;
5)231.43 feet aloq tJre arc of a crrrve io the 1eft, havirg a radius of390.00 feet, a centrar argre of 34'00,00", artd a'chord bearirgS74'06'21"w a distance of 22g.05 feet;
5)S57'06,21"r{ a distanc.e of 1 l.26 feet;
P:l99 "19tg the boundary of said rararisk s.:bdivision Filirg ltc. l, parel'c,,,N49'16,lE"w a distance oF goa.2G feet;Thence continuing alotg tlre boundary of said rarrrarisk g:Mivision Filirq N,o- 1,Parc.el'c", N40'43t44'E a dista,rrce of zqo.00 feet to the point of Begi^nirg.C-onta.ining 17.50 acres rTore or less.
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I PARCE,3.1Awillor Creek Village Section 2, B1ock I
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left, havirg a ralius df
and a chord bearing
Point of Beginnirg.
I A parcrel of land located irl tlre northeast qrarter of Sect.ion 18 ard tlreI southeast guarter of Sect.ion 7, a'l'l in fbrirnship 7 South, Rarge 95 t€st of CheSirtt PrinciPal lEridian, C'arfield Cor:nty, Coltrado, U"irg m5re particularly
f descriSed as follows:
I Cannencing, as a point of reference, at the sor;theast c.orner of said Section ?,' fran whence t}te eLSt quarter @rner of said Section 7 bears NOO'50,57,8 adistarr-e of 2639.64 feet, witi +I bearrrgs c.ontained herein relative tlrereto;
I -ryr_:71'45',39"w a distance of 1559.50 ieer-to a poinr on rhe norrherlyI boundary of willo^r Creek Vill4e SesLion lb. 2, a plat recorded in tlre GirfieldComty Clerk ard Recorderrs. Office (Reception llc. 12?3lO), ard on the soutlrerly
I PT9"ty-of B:rnirg Roci( S:Mivision, a pLat reorded in ite c.rfield counryI ffllffirRecorderis
office (Reception No. 3714271, said poinr the hinr of
Thene alcrg the ba:ndary of BIoc* 2 of said Willor^r Creek village Section 1b.2,II tla follcx*ir€ tho (2) courses and distanc.es:I l){31.?l !*t alorg the arc of a ctrrve to t}re left, havirg a radius of715.00 feet, a centrar argre of 34'33r22., ard a chord foarirgI S04'12,05'E a distance of 424.72 fe|i
I 21526'26r07'w a dist:nce of, 274.82 feet to a point on the northerlyright-ofr.ray of l€st BattLenrent Parlcr.ray, a plat recorded ar ra*.ii=X
I Subdivision Filirry lib.l, Parcel'A', in the Garfield Couty Clerk ardI Recorderrs Office (neception No. 3167291tr thene alorg^said right-of-ay t}e followirg ttree (3) courses and distanc.es:1)N50'30'00't{ a distanqe of 604.1d f6et;
I 216^9?.1? {*t alorE t}re arc of a curve to the right, havirg a radir:s ofr {25.00 feet, a centrar angle of 92'00,00,, and a cfrord bearrrgNl4'30'001{ a distance of 6ll.{4 feeti
t 3)N31'30'00'E a distance of 380.07 feet to a point qt t}e southerly
I -boudary 9f qP proposed willcr.l Creek villale Se<tion lro. 3; '
Thene alor,g saidl boundary the follcrirg Erc (2) ourses ard distances:r tlS89'35,21'E a distance of 494.12 feXi
I 2)s57'39r08"8 a distane of.277.40 feet to a point on the resterlyr bourdary of said Burning Rock SLbdivision;there alorg-said bo-rrda.qr the followirq three (3) ourses ard distances:I l)S30'110,00W a distance of 182.56 feet;
t 2)St5'2g,50,w a distancre of, 213.53 feet;
3)30.00 feet alorg tlre arc of a qrrve to the
r 715.00 feet, a cent-ra1 argle of 02.24,14.,
I Sl{'16,{3'W a distarre of 30.00 feet to ther Cortainirg 18.54 acres rrcre or less.
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PARCEL 3-2
WiIIor Creek Village Section 2, Block 2
A parcel of land Iocated in tlre nortlreast guarter of Section 18 and the
I northr+est guarter of Section 17, all in Ttourrship 7 South, Rarge 95 gbst of the
I Sixth Principal Heridian, Garf ield C.ounty, Colorado, l'reirq more particularly
described as follous:
Connrercim, as a pint of reference, at the nortlreast corner of said Section 18frcnr sirence t}e east quarter corner of said Section l8 bears SOI'05,52"I{ a
distanc-e of 2539.66 feet, with all bearings contained herein relative thereto;
Thence 575'46'39'w a disLance of 1559.50 feet, to a point on the northerlv
bourxtary of Willo^r Creek Villaqe Sest.ion 2, a plat iecorded in tlre C,arf ield
County Clerk ard Rec-order's office (Reception llc. 322310) ard on the southerlybourdary of B.rrnirg Rock Srbdivision, a plat recorded in the Garfield CogntyClerk ard Recorder's Office (Reception llo. 371427), said point the Foint ofBeginning;
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the follo.ring thrc (2) ourses and distances:
645.31 feet;
180.45 feet to a point on the southerly
Stone Ridge Village Section One;
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Tlrerrcre alom said cqnnon boundary
1)566'45,15,8 a distarce of
2)Nl4'06'{8"8 a distance of
boudary of t}e proposed
Thence alom tlre boundary of saidfour (tl) courses ard distances:
willo^r Creek ViIIaqe Sectiqr 2 the followinq
l)S29'17'15'E a distancre of 310.72 feet;2)581'll'll'E a distance of 580.85 feet;
3)S58'05'59"E a distance of il5.43 feet;
4)N82'36'07'E a distance of 108.56 fe€t. to a point on the r,esterly
bourdary of tlre proposed Willow Creek ViIIae Section 4;Thene S01'05r52"w a distane of 355.00 feet to a point. on the northerlyright-of-r^ray of t€st Battlsnent Parlo*ay;
Thence alorE said right--of-uay tlre followirg tr"o (2) courses and distances:I)N88'54'08"w a distance of .l062.53 feet;
21619.6t1 feet alorry the arc of a curve to tle right, havirg a ra3ius of
1250.00 feet, a central anqle of zg'24'08", and a chord bearing
N7{'{2'04"w a distance of 513.32 feet to a point on the easterly
boundary of said WiIIo^r Creek village Section Nc. 2, Block l;
Itrenoe alorrg said bor:ndary the followirg tr"o (2) courses ard dist.ances:
I )N25'26'07"E a distance of. 274.82 feet;.
2)431.23 feet afong Ehe arc of a curve to the right., havirg a radius of
t 715.00 feet, a central amle of 34'33,22"
I NO4'12,05"w a distancE of 424.72 feet toContainirg 19.87 acres more or less.
I NgrElcoNrArNS Ar,L 6.7r AcREs oF co*roN opEN spACE
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, and a chord bearing
the Foint of BerTinnirg.
+ I3.I5 ACRES OF BI,rcK 2r
AI{D
(A11 of tl.e Battlenrent l4esa Water and Sanitatjcn District, to wit: )
A parce'l of land lYing in
16, '17, J8, and 19 of TownshiP
Sect:cr,s 'l 3 and ?4 of Towns.hiP
6tn PrinciPal Heridian, CountY
r-orE particularlY described as
Sec ti ons 5,5,7,8,9,'l 0,
7 South, Range 95 l'Jest !nd
7 South, Range 96 !lest, of the
of Ga rfi e'l d , Sta te of Co'l ora do,
f o'l 'loh's:
Beginning a.t the East lll Corner cf Section 5, Tor+nship
7 -(cuth, Range 95 IJes"; thence southerly a'l on9 the East 'l ine
o; Sec..:on 5 to the SE Corner of the li 'll2 liE 1/4 SE 114 SE 114 --
ef said Sect'ion 5; thence wester)y a'long the South Line
cf the tt 1l? NE 114 SE l/4 SE 1/4 to the Sl{ Corner of said
t, 112 t:E 1/4 Si 114 SE l/4; thence northerly along ltha'l,lest
'line of the N 'll2 NE 1/1 SE 1/4 St l/1 of Section 5 to the
iiil Corner of said HE 114 SE 114 SE 1/1; thence uesteriy t'l ot,y ttre
ricrth l'ine of the SE 1/4 SE 1/4 of said Section 5 to the l{Lj
Ccrner of sa'i d SE 1t4 SE 'li 4; thence southerly a'iong the h'est
line of the SE 1/4 SE 1/4 of said Section 5 to the Sh' Corner
o{ said SE 1/4 SE 114; thence easterll' a'l on9 the South 'l ine of
seid section 5 to the SE Corner of said Sectionl
Thence continuing easter'ly, alonS the North line of
Section 9, Townshi p 7 South, Ran-oe 95 Xeit, to the NE Corner
cftheililll4Nl,llt4ofsaidSectiong;thencesoutherlyalong
the Iast'l 'i ne of the Nt'l ll4 N'h'114 of said.sectjon 9 to the SE
Ccrr.er of said NN 114 !il.l 1/4;
Thence ea sterly al ong the North 'l'ine of the SE 114 NN 1/ 4
of said section 9 to the NI corne. of said sE llA N]' l/a; thence
cor:tinuing easterly along the North line of the SIJ \14 NE l/q of
said Sectjon 9 to the llE Corner of stid Sl', l/4 NE l/a; thence
norther)y a'l ong the Uest line of the tiE 1t4 NE ll4 of said Sectjon
9 to the t{i: Corner of said NE 114 NE 'll4; thence easterly a)on9
the llorth I i ne of sai d Secti on 9 to the NE Corner of sa i d
Section 9; thence southerly a'long the Ea st 'l i ne of sa i d Sec ti on 9
to the SE Corner of the I,lE 114 HE l/4 of said Section 9;
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Thence erster'ly a'long the North line of the st 1/4 N,,,, 1/q
of section 10, Tovrnshio 7 south, Range 95 lrtest to a point on the
North line of the slid st.l 1lq NiJ 1/a 697 feet l,test of the ilE
Corner of said SH 1/e Nlt 1/4; SAID pOINT BEING THE NORTH!,EST
CCP!IER OF THAT PARCEL OF LAND DESCR]BED IN DOCUt.lENT NUHBER
19I554 AS RiCORDED IN BOOK 3C? AT PAGE 2OO OF THE RECORDS OF TI.,iI
tLtRK AllD REC0RDER 0F GARFIELD C0UtlTY; THENCE AL0tiG THE BCUllDApy
OT SAID PARCTL THE FOLLOI.I]NG F]VE (5) COURSES:
(r ) souTH 't o'1 3'05" r,JEST A DISTANCE OF ?1g.00
(?) SOU]H&B'O'I ''I 9" EAST A DISTAIiCE OF 353.00 FEET TO A PC]ii;455.00 FEET, AS I'lEASURED AT RIGHT AI.iGLES, SOUTHEPLYFR0i'i THE N0RTH LINE 0F THE s0uTHiitsr 1/4 xonfxNrsr 1lAOF SA]D SELTIOI,I 'IO
(3) S0UTH 98o46'55', EAST A DISTANCE OF 159.00 FEET
(1) SOUTH'I O'I 3'05" }'EST A DISTAIiCE OF'I 99.00 FEET(5) s0uTH.88o45'55" EAsT A DIsTANcE oF ?50 rEET pLUS 0R HIrius
To a point on the east 'l ine of said SI.J 1/4 N'y,- 1/4 855 feet south of
the Northeast Corner of said SU 1/q NN ll1; thence departing said
Parce'l Boundary southerly a'l ong the East 'l jne of the stJ 1/4 Nt{ 1/1
of said section 10 to the sE corner of said sH l/4 til,,l 1/4; thence
continuing southerly a'long the Eist 'l ine of the !,lh- 1/4 St,, l/4 of saidSection 'l 0 to the SE Corner of said NH 1/4 SH l/4; thence westerly
r1or,g the South 'l ine of t'he Nlir 1/4 S!t 1/4 of sa jd Section l0 to the.
5i: Corner of said ilN 1/A Sh' 1/4;
Thence
I l/2, S 1/Z
5H Corner of
:he South i i
conti nili ng westerly a'l ong th. ,or,n I i ne of the
of Section 9, Township 7 South,'Range 95 ltest to the
said N'l/2 S l/?; thence continuing wester'ly a)ong
ne of the NE 1/4 SE ll4 of Section B, Township 7
I lrrith, Range 95 !lest to the s!,1 corner of said Nt r/A sE 1/4;
lhence northerly along the IJest line of the NE lt4 sE ltA of said
Stction I to the lit'l corner of said l{E 1/a sE 1/4; thenceItsterly a'long the south 'l ine of the NE lt4 of said section g
io the Slt Corner of said NE 1t4;
Thence souther'ly a'long the East line of the ilE 1/4,lr l/4 of said sectjon 8 to the sE corner of said nE 1/4 sH 1/4;
thtnce westerly rlong the South line of the l{E l/4 Sh-, 1/q of said
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Sect'ion I to the Sh' Corner of sa'i d NE 1/4 Sl,l 1/1; thence southerly
along the tast line of the Sl{ 1/4 Stl 1/4 of said Section 8 to
the SE Corner of said SH 1/4 SIJ 114; thence etster)y a)ong
the South line of said Section I to the S}l Corner of the Sll 1/4
St 111 of said Section 8; thence norther'ly along the bJest line
cf the S'h- 114 SE 1/4 of said Section 8 to the Nl.J Corner of said
5l.l 114 SE 1/4; thence easter)y a'lon9 the l{orth l'ine of the
StJ 1/4, SE 1/4 of said Section 8 to the NE Corner of said
Sti 114 SE 1/4; thence southerly a'long the East iine of the
St.l 114 SE 1/4 of said Section B to the SE Corner of said
Su 111 SE 114; thence southerly a'long the East 'l ine of the !Jest 1l?
of the HE 1/4 of Section'l 7, Tor+nsh'i p 7 South, Range 95 L'est, -
to the SE Corner of sa'id LJ 1/Z of the I.ii 1/4;
Thence easterly a'l ong the North line of the SE 1/4 of'sajd
Sec ti on 'l 7 to the tiE Corner of the SE 1 I 4 of sa'i d Secti on 'l 7;
thence southerly along the East'line of said Sect'ion 17 to the
SE Corner of the NE 1/4 SE 1/4 of said Section 'l 7; thence easterly
along the liorth line of the Sl'l 114 Sh' 1/A of Section 15,
Tovrnsh'i p 7 South, Range 95 I.Jest to the l.iE Corner of said Stl ll4
Sll 1/1; thence southerly a'l ong the East'l ine of the Sli 1/4 Sll 1/1
of said Section'l 5 to the SE Corner of sa'i d Sh'1/4 Sh- 114; thence
westerly a'long the South 'l ine of said Section 'l 5 to the
SLI Corner of said Section 15; thence continuing Y,esterly along
the South line of Section .l7, Township 7 5outh, Range 95 Llest
to the Sl{ Corner of the E 1/2 of the S}, 114 SE 114 of said
Section l7; thence northerly a'l on9 the }lest. line of the E 1/?
Sll 1t4 SE 114 to the Ntir Corner of sa'i d E 112 Sll 114 SE 114;
Thence nesterly a'long the South I i ne of the N!'l 114 SE 1/ 4
of sa j d Secti on l7 'ro the SIJ Corner of said Nli 114 SE ll4i thence
continuing brester'ly along the South line of the NE 114 SU 1/4
to a point lO rods East of the SIJ Corner of said NE ll4 Sll l/4;
the nce llorth 8 rods; thence Llest 'l 0 rods; thence South 8 rods to
the Slil Corner of the NE 114 Sll 114 of sa i d Secti on l7;
Thence vresterly a'long the South I i ne of the N!'l 114 Sll 114 of sa i d
Section 17 to the SE Corner of that certain parcel recorded in
a9e F0ur
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Bool. 38 at Page 440 of the
6arfield County, Co'l ortdo,
NiJ 1/4 Sll 1/4; thence North
'l ine of said parcel to the
records of the C'l erk and Recorder of
being 25.30 rods East of the SL'l Corner
?5.30 rods a'l ong the easterly bounCary
NE Corner of said parcel;
Thence l.lest ?5.30 rods a'l ong the northerly boundary
se i d parcel to the Nl, Corner of sa i d pa rce'l and a poi nt
liest line of said Section 'l 7; thence northerly a'l ong the
of said Section 'l i to the tlE Corner of the E 1/2 SE 1/4
St 111 of Section lE, Totinship 7 South, Range 95 lJest;
ihence vesterly a'l ong the South line of
Section l9 to the Stl Corner of said l{E 1/4;
westeriy'a'l ong the South 'l ine of the HIJ 114
to the Sll Corner of sai d Nu 1 l 4 of Section
'l i ne of
on the
l{est'line
NE 1/4
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Thence vresterly a'l ong the l{orth line of the E 112 SE 111
tlE 111 SE 1/1'of said Section 'l I to the NI\' Corner of sa'i d East 1/?
Si lll xE 1/4 SE 1/4; thence southerly a'l on9 the llest line of
rhe E 112 SE 114 NE 1/A St 114 of said Section'18 to the SI'l Corner
of said E 112 SE 1/4 l.tE 1/4 SE 1/4; thence Hesterly along the
South'line of the NE 1/1 SE 1/4 of said Section'16 to the
SLJ Corner of said llE 1/4 SE 1/4; thence southerly a'long- the
East line of the SI,l 1/4 SE T/4 of said Section'18 to the SE Corner
of said Sl'l 1/4 SE 1/a; thence southerly a'long the Eist lihe
of the !J 1/? NE 1/4 of Section 't 9, Toxnship ? South, Range 95 llest
tc the SE Corner of sai'd ll 1t? tiE 1t4;
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the NE tiq of
thence continuing
of said Section 19
l9;
Thence conti nui n9 westerly a'l on9 the South 'l ine of the
tiE 114 of Section ?4, Township 7 South, Range 96 llest, to
the StJ Corner of said NE 1/4; thence northerly along the blest
line of said ilE 114 of Section 24 to the intersection rrith the
southeaster'ty yater 'l ine of the Co'lorado River; thence in a
northeasterly direction !nd along said southeasterly water line
of the Colorado River to the intersection nith the liorth Iine
of said llE 114 of Section ?4;
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t Thence in a northerly direction and along said southeasterly
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t9e
y/tter line of the Co'l orado River through the E 1/? of Section
'l 3, Toyrnshi p 7 South, Range 95 Uest, t0 the intersection wi th
the East line of said Section l3;
Thence southerly along said East 'l ine of Section 13 to the
5E corner of Governnent Lot 5 of said section'l 3; thence
easter)y a'l ong the North line of Government Lot 4 of Section
'l 8, Tor+nship 7 south, Range 95 h'est to the NE corner of said
Government Lot 4 of Section l8; thence northerly to a point
on the llorthwest sjde of the public road as now constructed
and in use, said road being referred to in a deed bearing Receptipn
llo. 'l 0?537 as recorded in Book 'l 59 at page ?? of the records of
the c'l erk and Recorder of Garfie'l d county, co'r orado; thence
northeasterly,aJong the NU side of said public road to the
liorth'line of the sE 1/4 N;- 1/4 of said Sectjon'lB; thence
vresterly a'l ong the |.lorth 'l ine of the SE 1/q NI{ 1/4 of said
Section 'l E '.0 the liH Corner of said SE l/4lil{ 1/1;
Thence northerly a'l ong the lJes'u line of the tiE 1/4 Nh' 1/1
of said section'18 to the point of intersection with the
southeasterly vrater 'l in9'of the Co'l orado Rjver; thence northerly
through the NE 1/4 NI.l 1/4 of said Section 18, and along
said southeasterly vrater'l ine of the co'l orado River to the
point of intersection with the l{orth linc of said Section l8;
thence norther)y through the E 1l 2 Sll 114 of Section 7,
Township 7 South, Range 95 llest and a'l ong ttie southeaster)y
water line of said Co'l orado River to a point 5'l 8.88 feet, is
neasured at right angles, horther'ly f rom the north 'l ine S l/Z
of said Section 7; Thence South 88o17'llu East a distance of
55.37 feet to a point on the west'l ine of the E 1l? of said
section 7; Thence southerly along said xest line of the Erst 1/2
of said section 7 a distance of 944.37 feet to a point uhich is
?345.57 feet northerly from the south'l/4 corner of said section 7;
THEIICE HOR'TX 52O47'I?' EAST A DISTAHCE OF 505.50 FEET TO
A P0INT 0N THE N0RTH LINE 0F THE S0UTH llZ 0F SAID sEcTI0N 7; THENCE
tIORTH 48o33'17" EAST A DISTANCT OF 180.95 FEET; THENCE SOUTH 52o59'
31" EAST A DISTANCE 0F 77.25 tEET; THEIICE S0UTH 70"27'?8" EAST A
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DISTA:,lCt 0F l'l .73 FEET; THtilCt SOUTH 37o23'30" h-tST A DISTAtiCE 0F'132.3'l FtET; THtl'lcE souTH TolO'2g" tlrtsT A DISTArict or t54.lg FtEl;
THtlicE s0uTli 99o49'3'l" EAST A DISTAtiCE 0F gg.g6 FEET; THENCE S0uTH 0,57'37" tJtsT A DIsTAtlcE 0F 86.0't FEET; THENct souTH 37oz?,23" EAsT
A DISTAIICE OT I5O.I'I FEET TO A POIIiT ON A CURVE I{HEIICE THE CENTTR
0F SAID CURv: EEARS H0RTH 77o39,3Z,,tAST; THENCT ALOtiG THE AnC 0f
SAID CURVE TO THT LEFT, HAV]IIG A RAD]US OF 290.OO FTET AND A CEIi]RAI.
AIiGLE OF 55'C5 "I 8" A D] STANCi OF 3?9.41 FEET TO A POIIiT OF TAI.iGEIiT;
TF;iIICE SOUTIi 77O25'45" EAST ALOIIG SA]D TAIiGiIIT A DlSTANCE OF 519.C0
rEET TO A PO]IiT OF CURVE; THENCE ALOI.i6 THE ARC OF SA]D cURvT TO THE
R]GHT' HAV]IiG A RAD]US OF 45O.c)O TiET AIiD A CE}iTRAL AI.IGLE OF ]5O
0?'5'l ", A D:STAliCt 0F 118.'l I rttT T0 A poltiT 0F corip0uND cuFrvE; =
1i i.:.1: ALn':3 ;H5 ARC 0F SAID CURvt T0 TiiS RIGHT, HAVING A RADIUS CFl5C.00 FE:7 At;D A CLriT:.'/,L A,tGLE Ol 39,19'3E,. A ntSTAtjCE CF .l 02.96t!ri i0 A ?ctr:i otl sAtD cuRvE ljHirici THE cENTtR oF sAID cuRrE BEARS
50Li'lrr 56'56'.i; !,isr; TtlEilcE NoRTH 87o35,29,' EAST A DISTAhicE 0F
370.38 FEET; THEilCE N0RTH 0,,S7,25', EAST A DISTAHCE 0F gq0.3O FEET:rttFtlcE li0RTii 89''l'l'50" y,EST A DiSTAtiCE 0F 4gg.26 FEET; THEricE N0RTHlo3i'i3" tr.sT A DISTANcE oF 'l 394.3q FEET; THENcE N3RTH g6o32,s3,,
}]EST A D]STAitCE OF 210.0? FEET TO A PO]NT ON TI.,IE I{EST LIIiE OF TI.i:
IAST 1/Z 0F THE NE 1/q OF SAID SECTTON t; THETiCE COhiT I NUIIiG].;i.III 85'32'53"
''"EST TO THE SOUTHEASTERLY I.JATER LINE OF THE COTORA)O
RIvER; THtricE Itl A NoRTritnrY DIREcTI0N AL0NG sAID souTHEASTtRLy
I{ATER LIIIT OF THE COLORADO RIVER AND THROUGH THE NE 1/4 OF SAlD
SECTIOII 7 TO THE POIIIT OF INTERSECTION I{IT.I{ SOUTH LINE OF SECT]OI{
5, ToullsHiP 7 s0uTH, RAHGE 95 htEST; THENcE IN A N0RTHEAsTERLy
DIRECTI0N AriD AL0NG THE S0UTHEASTERLY t'IATER.LINE OF THE SAID COL0RAD0
RI VER AND T}iROUGH THE SE 1/ 4 OF SAI D SECT I ON 6 TO THE POI NT OF
INTERSECTIOii IIITH THE EAST LINE OF SAID SECTION 5;
Thence easteriy and northerry along the southeaster)y
water'l ine of the said colorado River rnd through the s ll?
of section 5, Tovrnship 7 South, Range 95 uest to the point
of intersection uith the ilorth 'l ine of the sE l/4 of said
section 5; thence easterly a'l ong said North line of the
said SE'll1 to the poinl of beginning.
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Excepting that parce'l of I and described in a deed recorded
i n Book 64 at Page 398 Of the records of the c'lerk and Recorder
of Garfield County, Colorado; more partlcularly described as:
beginning at the ltq Corner between Sections 17 and l8' Township
7 south, Range 95 Llesti thence North 2o feeti thence East 30 feet
to a ne1i corner; thence North l4 rods; thence East ?3 rods;
thence South l4 rods; thence blest ?3 rods to the neH c0rner'
containing 2.012 tcresi a'l so excepting the SE 114 NE 114 of
Section 9, Township 7 South, Range 95 l'lest'
'r)
Excepting
A parcel
a'l so three parce'l s of land as described be'low:
of 'l and 'l ocated i n Secti ons 'l 3 and 24 Townshi p 7 South,
and sections t8 and 19, Township 7, south, Range 95-Range 95 hrest '
ftest of the 5th Principa'l l,leridian, county of Garfield, State of
co'lorado more particular'ly described as fo'l lows:
Commencing at the Northeast corner of said Section ?4', thence
South 4go43'44" lJest a distance of 2877.91 feet to the true po'int
of beginning, said point being a point on the tJest Boundary of
Tamarisk Subdivision Filing No. l, Parce'l C; thence a'long the liorther'ly
boundary of said Parce'l C the following courses: South 4.9o16'16"
East a distance of 4ZO.O0 feet; thence North 40o43'44" East a distance
of 157.55 feet to a point of curyature; thence a'l ong the arc of said
curye to the right having a radius of 520.00 feet and a central an91e
of 35o09,09,,, a djstance of 3'19.03 feetl thence North 14o07'07" lJest
a distance of 1?2.49 feet; thence South 88o54'48" East a distance
of SZ4.3l feet; thence South loO5'12'Ilelt a distance of 100.00 feet;
thence'South ggo54,4g" East a distance of 60.00 feet; thence south
loo5,I2,, tJest a distance of 711 .?9 feet to.the South East corner of
said parce'l B; thence along the North boundary of Tamarisk Subdivision
Filing No. l Parcel A the fol'lowing courses: south 88o53',39" 8ast
a distance of 30.46 feet to a point of curvature; thence a'long the
arc of sa{d curye to the left having a radius of 420'00 feet and a
central angle of loool'?2", a dlstance of 73.47 feet to a point of
tangency; thence along sald tangent ilorth 8'1o04'59'East a distance
of 441 .41 feet to a point of curvature; thence a'long the !rc of said
curye to the right having a radius of 500.00 feet and a central angle
of go55,0'l *, a distance of 77.82 feet to a point of tangency; thence
rlong said tangent north 90o00'00" East a distance ?2?-14 feet to a
point of curvature; thence along the !rc of said curve to the left
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Prge El9ht
having a radius of 440. OO f eet rnd ! central rn9'l e of 10o00'00"
a distrnce of 75.79 feet to the Southrest corner of Tamarask Sub-
division Filing tio. I Parce'l B; thence a'l on9 the l'lest and Northerly
boundary of said Parcel B the folloring courses: l{orth 1o05"12"
East a distance of 2305.64 feet; thence South 88"54'48" East a
distrnce of 5go.oo feeti thence South'1 o05'12" ldest a distance of
478.30 feet; thence South 88o54'48" East a distance of '1 55'54 feet;
thence South 57000'oo" East a distance of 340,?5 feet; thence Horth
33000,00,, East a distance of 27?.69 feet; thence North 57000'00"
lJest a distance of llo.o0 feet; thence North 33o00'00" East a
distance of 4g7.45 feet to a point on the North boundary of said
parce'l B; thence f rom sai d Parce'l B North 62o00'00" 1'lest a di stance
of 506.40 feet; thence North ?2o24'4g,'lJest a distance of lllo.2I
feet to the Southerly Boundary of a porrer easement as described by
reception numbers 209185 and 2l'1504 of Garfie'l d county; thence
a'long the Southerly boundary of said PoYrer line easement South
54o38,4l" h,est (South 52o58'39" !lest) a distance of 308'20 feet;
thence south 40o43'44,, I,lest (South 39020'3'1" tJest) a distance of
3700.35 f eet to the true point of beginning contai ning 4,5'l 4 '435
square feet or I 05.93 acFes '
commencing at the Northeast corner of the Northeast one quarter
of Section I8; thence South lo05'52'l{ert along the East line of
said llortheast one quarter a distance of I '285'43 feet: thence
continuing South loO5'52" l{est a'ton9 said East line a distance of
1r350.'12 feet to a point of curYe thence along the arc of said curve
to the right having a radius of 500.00 feet and a central an91e of
5g 54,08'. A distance of 5?2.75 feet to a point of tangent, thence
south 6l"0o,oo' l{est al0ng said tangent a distance of 1,013'99 feet
to a point of curve thence along the arc of said curve to the left
having a radius of 45O.OO feet and a central angle of SgiS3'55"'
A distance of 170.44 feet to a point of tangent thence south lo06'05'
llest along said tangent a distance of I '3OO.7l feet to a point on
the North line of the Northeast one quarter of sald section'19;
thence south 0o56,34, lJest a diStance of 570.02 feet thence north
ggoo3,25, rJest a distance of 40.00 feet to the true point of beginning;
thence South 0os6,34,'r{est a distance of 765.98 feet to a point of
?) A parcel of 'l and located in section 'l 9, Tonnship 7 south'
Range 95 l{est of the 6th Principal }|eridian, county of Garfie'l d'
State of co'l orado. l{ore particular'ly described as fo'l 'lo}rs:
r9e
curve; thence along the rrc of said curYe to the ri9ht, hrving a
radius of 42o.oo feet and t central angle of 79o19'00". A dist!nce
of 581.42 feet to a point of tangent, thence south 80o15'34'|lest
rlong scld tangent a dlstance of 2,500.85 feet to a polnt of curYe;
thence a'long the arc of said curYe to the ri9ht, having ! r!dius of
420.00 feet and a central ang'le of 't 3oz2'54", a djstance of 98.09
feet to a point of tangenti thence North 86o21'3?" llest along said
tangent a distance of 108.35 feet to a point of curve; thence along
the arc of said curye to the left, having a radius of 580.00 feet
and a central an91e of 27"05'33', a distance of ?74.26 feet to a
point of tangenti thence South 66o32'55" lJest a'long said tangent
a distance of 207.53 feet to a point of curYe; thence along the arc
of said curve to the right having a radius of 4?O.OO feet and a ceatra'l
angle of 13o27'05", a disttnce of 98.50 feet to a point of tangent;
thence South 8Oo0O'00" lJest along said tangent a distance of ?77 -34
feet, thence North'toO5"t2" East a distance of 2305.54 feet; thence
South 88o54'48" East a distance of 590.00 feet; thence South'l o05"12"
yest a distance of 478.30 feet; thence South 88o54'48" East a distance
of 15S.54 feet; thence South 57oOO'00" East a distance of 340.25 feet;
thence North 33o00'OO" East a distance of 27?.69 feet; thence North
57"00'00,,[Jest a distance of l'l O.O0 feet; thence North 33o00'00" East
a distance of 487.45 feet; thence South 65o30'00n East a distance
of '1 ,.1S9.55 feet; thence North 73olO'24" East a distance of 395.'1 9
feet; thence South 5O O0'00" East a distance of 175.00 feeti thence
South 79oOO,OO,,East a distance of 175.00 feet; thence ilorth 63o00'00"
East a distance of 2OO.0O feeti thence South 90o00'00" East a distance
of 350.-OO feeti thence South 63oOO'00" East a distance of 227.74 feet
to the true point of beginning, containin9.5,245,409 square feet or
l{3.375 acres.
A parcel of
95 llest of
land located in Section 24, Tovnship 7 South'
the 6th Principal l'leridian, County of Garfie'ld'
of Colorado, more particularly described as fol'lows:
at the l{ortheast corner of said Section 24i thence
l{est a distance of 3,108.29 feet; thence South
di stance of 1 1 .75 feet; thence North 32"53'39"
of 40.00 feet to the true polnt of beginning; thence
llest a distance of 808.25 feet; thence llorth 40o43'44n
of 240. OO feet; thence South 49ol 6'l 6' East a di stance
3)
Range
Sta te
Commencing
South 33o20'24'
57"06'2ln llest a
Iest a distance
]lorth 49o16'16'
East a distance
L
ne
of 420.00 feet; thence iiorth 40o43'44" East a distance of '1 57.55
feet to a point of curye; thence along the arc of said curve to the
rlght, having a radius of 5?0.00 feet and a central rngle of 35o09,09,'
a distance of 319.03 feet; thence North '14o07'07" llest r dist!nce
of 1??.49 feet; thence South 88o54'48" East a distrnce of 524.3'l
feet; thence South lo05'12" l{est a distance of '1 00.00 feet; thence
South 88o54'48" East a distance of 60.00 feet; thence South loO5'12,,
Llest a di stance of 71'l .30 f eet; thence North 88o53'39' h'est a di stance
of 193.53 f eet to a point of curve; thence a'l ong the arc of sa'i d
curve to the ri ght, having a radi us of 3'l 0.00 f eet and a centra'l
angle of 20'00'00", a distance of 108.21 feet to a point of reverse
curve; thence along the arc of said curve to the left, having a
radius of 390.00 feet and a central angle of 20"00'00', a distanie
of '1 36.14 f eet to a poi nt of tangent; thence North 88o53'39 " l,,lest
a'l ong said tangent a distance of 'l 'l 0.00 feet to a point of curve;
thence along the arc of said curve to the left, having a radius of
390.00 feet and a central ang'l e of 34o00'00", a distance of 23'l .43
f eet to a poi nt of tangent; thence South 57 o05 '2'l .' hlest a'l ong sa i d
tangent a distance of 'l 'l .75 feet to the true point of beginning
containing 752,093 square f eet or 'l 7.495 acres.
to the area previously described herein,
Hater and Sanitation District shall also
described as fo'llows:
e southeast one-quarter of
f. Section 8, Tornship 7
al l,leridian, 6arf i.el d County,
s fol I ows:
Commencing as a point of referencer at the south one-quarter
corner of said Section 8; thence S 88" 48'11.' E along the southerly
line of the southeast one-quarter of sai d Section 8, rith al'l
bearings contained herein relative thereto, a distance of 1325.09
feet to the southwest corner of said SE I SE I and the TRUE P0lliT
0F BEGINNING; thence ii ol o 20' l4' E a dlstance of 'l 316.24 feet
tlong the resterly llne of sald SE I SE l, same being along the
tpproximate center'l ine of county road No. 308; thence S 88o 43'
l9'E a distance of 931.33 feet along the northerly line of said
St t SE I to a I in. diameter stee'l rebar and alloy cap marked
In addition
Battl ement l,lesa
a parcel of I and
the
contain
A tract of land being a part of th
the southeast one-quarter (SE I SE l) o
south,.Range 95 Hest of the 6th Princip
Colorado; more particularly descrlbed r
age t eYen
,TCB Inc.1565'l'for the northeast corner hereof; thence S 01o 33'58'
lt a distance of l3'l 5.07 feet a'long the resterly'l ine of that certain
tract of land described as'the !ast 400 feet of the SE I SE I of
section 8, ln Township 7 south, Range 95 llest of the 6th P.l'1." in
a decree ordered in District Court, document and receiption No.
ZO3705 as recorded in Garfie'l d County, Co'l orado, to a I in. diameter
stee'l rebar and a1'loy caP marked'TCB, Inc. .l565'l " ln the Southerly
'tineofsaidSElsEt;thenceN88o48"l'l'iladistanceof926'08
feet along the southerly Iine of said SE I SE I to the point of
beginning and containing 28.05 acres of land'
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lExclusior of prcperty fron Battls:ent lrlesa Viater and Sani-taticrr District of
4/9/86, to wit:l
' A p!rc?l of lrnd lying in
15. 17.18. tnd l9 of ToNnrhip
5ec tions t3 rnd ?A of Towns.hip
6rtr Principal l,leridirn, County
trore p.r'ricularly described rs
Sections 5.5,7.8.9,10.
7 South, Rrnge 95 t{est !o!
7 South. Rang? 95 llest, of the
of Ge rfie'l d. State of Colsrrdo
fol I oHs:
Beginning !.t tha Irst 114 corner of Section 5, Township
7 scuth, Rrn9r.95 llcsi,: thence routher'ly r'long the East line
ol section 5 to the sE cornar of the N llz lrE ltA sE rl4 sE rt4
of rrid srction 5; thence rastarly rlong the south Line
oI thr lt lt2 'lt lia sE ll4 sE 1t4 to the sll corncr of raid
ll ll2 llt lle SE l/{ SE l/4i thence.northerly rlong tfti,}testlinr of thr N ll2 !{E ll4 St tl4 SE tl4 of Section S to th?
lill Corncr of rrid llE l/4 St ll4 SE l/{; thrnce b.rsterly tlsr,r Ure
tiorth I ine of the sE ll4 sE 1t4 of sr i d section -G to thr l{},
Corntr of srid SE 114 SE l/0; thencc tDuther'ly rlong ti,,e uest
line of 'rhc sE 114 sE lla of s'!id section s to the sl{ corner
of srid St ll4 SE I/{t thence rtsterly rlong the South linr of
rrid srction 5 to the fE Cornrr of s!id Srctioni
T h t n c e c o n t f n u i n 9 ' r ! s t e r I y . . r I o n 9
Stction 9. Tovnship 7 South, Range 95
of tha ftir ll1 t{l{ ll4 of srid section g
thc Irst line of the Ntl ll4 Hll 114 of
Corner af rrid tlll l/{ Xl,l 114',
the t{orth I ine of
llest. to tha llE Corner
i thence ioutherly tl on9
trid.Stction 9 to the St
Thence e!3terly rlong the ilorth line of the SE l/{ Nl{ l/1
bf rrid Secrion 9 to the ]lE Corner of rrid SE l/e Hlt l/6; thence
continuing !rsterly rl on9 the North I ine of the Sl., ll4 HE l/{ of
raid Srction 9 to the llE Corner of said S[, l/4 ]iE l/A: thence
northerly rlong the llrst line of the liE lll NE l/{ of rrid Section
9 to the ltu Corner of rrid NE ll4 tlE l/4; thence G!Eter'ly llong
the llorth line of trid Section 9 to the tlt Corner of said
Section 9; thence loutharly llong the Erst line of raid Section 9
to the St Corner of the Xt lle HE l/4 of rrid Section 9;
-1-
7h:nc.r c.r'.trly rlong ihe liorih lina cf the sE l/c li.J 1l<
o{ S:cticn'l0, Tounlhio'7 South, irng: g5 lles-. -.0 a poini cn iheli::'Ll, lin: of 'rh: sliC Slt l/e riN 'l/c 6E? fee.. [.,r5-. cf i,h: t;i
Cc:'ner of rrid 5x 1/1 lill ltl; SA jD. pO jtiT SilnG Tt:: nOeiHltisi(!:;r:? 0.3 7Hi7 FAtC!L 07 LAN' DiSCn'i:D trr DDcuf.:i;\-7 liur,,ts:t
i9!351 As Rlc0?.D:D Iti BD0x 3D? t.-t plc: ?oo oi Ti:: p:c0eDs oi ii::
CL:2K AtiD RiC0?Di?. 0F G;.til:LD C0UiiTy; Tti:,{C: AL0liG Ti:: EOur:DAp.T0i sltD pAR!!L it:: F0LL0,".lN6 i'V: (5) COURSiS:(r) souii{ l.l3,05- H:sT A DISTA'i!: Oi ?1g.oD(?l s0u?H oB''ol'19' tr.sT t. Dis?Arici or 363.0c ;::T Tc A pD:ri;(i6.00 titT. As r::A5UR:D A7 p.lGiiT AtiSL!s, so'uii:i?.Lyi20t.i I!{i il0ni}i Liiii 0F T}i: S0uTHliisT 1le ilDiitixisT 1ttci sA:D Siiitoti l0
(3.) S0ui!{ Ee'15'55" tAST A DISTA;iC: OF l5g.oo ritr((j sDuTH'l'13'05" ursT ; DIsTlric: oF l99.oo rEiT(5) 50uTH ea'15'53' EAsT A DiITt.iitt oi ?so r::T pLus op. r,nius
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io t 'poia'. oi the .a!tt line of seid Sl.t 114 tit' 111 6:3 fee.. 3Du-rh cft!':: Norii:as'. Corn!r of raid Su 111 til.l'tl4: thance d:per..ing srid
?r rct I Boua ctry 's ou'.har ly !l on3 ...hr Er s t 'l in: of the slJ l t 1 ;ih, l/cof srid Sec'.ion lO to '.he St Corner of said Sll ll1tix l/C; thence
Gon'rf'auii9.3Du'.hrrly r't on9 tha tist lf nt of -.he !l!J 1t4 Su lll of sliij5:ciion l0 io '.he SE Corner of reid Hl, lle SL, l/(; thenc! \.?r..cr)y
tlo.rg'sht South lina of l'he Hl.l 1t1 Sll ltC of said Ses..ion tO to ihr.
Si, Cornar of raid llll 111 Sl,t 11A.,
?henta contiaLing H
ll ll?, S ll7, of Section
Stt Corner of raid H 1l?'
'rhr Souilr lini o{ the N:
5r:.,:h. Prng: 95 lles.. i,o
t,he Sou'.h I ine of tha
South,'Rangt 95 lJes.. to the
:o.ntinuing yester)y rlon9
Sec'.ion 8, Torrnship 7
of said tfE 1le SE l/(;
?3'scrly along
9, Township 7
S. 1l?; thencr
1t4 ie l/i of
ihe SIJ Ccrner
I s:: 111
Si, l/r
o:- t h:
to the
(t
s!
,t:
s!
thtnss tcuihrrly rlong ..he Irst Jine of the
1l< of rrid Ser'.ion e io ..he S: Corner of rridl/a; '.hrnce touth:r)y r)ong thr Irst'l ine of the L'qs.. ltZ1lc of Src?ion 17, Tounship 7 Souih, tangt g5 uati,
Co:'nar of sr.i d l, 1 tZ of the HI I I At
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Th:nca:rstrrly rlong the Nor-.h'l in: of -,he st l/l pf.said
S:cLion 'l 7 to the tii Cornrr of the Si 1lr of said Sectio:., l7;thrnc: tDu..h:rly rlong..h: Irs.. line of rriC Saction l7 ?o.rh:S! Co:'ner of thr'lit 1t1 St 1t1 of rrid Section ,17; thener Grr..tr)yrlcns '.ha l{orth 'line of ..h: SH 1lt st{ 1t1 of section 16,iourrhip 7.souih, Fr.:9: 95 lJesi io the lii corner of srid sp lt1sl, llli thenc3. rou'Lh:rly rlong ihr Irst ]ine of th: srl 1le sl, 1t1of ttic saction 't 5 to ihi'sr cornlr of r!id sx 1tq slt l/(: thance*csitrly along the sou'.h I ine of rgi d srsiion l E to .she
Si, Cbr;:; of rrid S:ction l6; thenci continuing uastcrly a.l on;tht s:uth line of src'.ion l?, Township 7 souih, Range 9s !l:st
to .rh! srt corner of the E 1l? of rhr su 1/1 sE 1t1 of raid
-teE'.ion l7; thence nc;iharly alo;g.the ll:s... lina'of th: E 1lz
SU 111 53. l/1 '.o i,he tilJ !ornrr of said E 1l? Sr. 114 SE 111.,
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?hancr u:s!erly rl on9
of- srid Section l7 to .rhe
con'rlnufng xcsterly rlong
to'r point lO rodr Ies.. of
S:c'.ica 17 th: Si Corne:- o(
the Sou'.h J ine of the lttl l/{ SE ll q
SU Corner of rrid till 111 SE l/C; thtnca
the Sou'.h line of thc ,tE 1ll St! 1lq
tha Sl'! Cornlr of rrid NE lle SH ll(i
'rhrn:e llor'-h I roCsi '.hens? uest l.O rodsi thtncr South I roCs tothe Sx Corner of.iha tii 1t4 Sll 1t1 of srid Seci,ion l7;
ihenc: v;es'.:rly rJcng the Scuth 'l in: o'f '.he tit- l/4 Sl, ltt cf sr,!i
thei, certain prr:el rrco:.cjeC in
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Bpot 38 rt Prge {CO o. ;he
Gtrlield County. Colortdo,
Nl, ll4 Sll llai thrnce fiorth
line of rrid prrcrl to the
the Clerk t..J Recorder of
rods Irst of the SH Cornrr
r'l on! th? clsttrly boundary
t!id prrceJ;NE Corner of
Thence Ilest ?5.30 rods rlong thr northerly
r!id prrce'l to the Nl., Corner of rrid parcel rnd
D,?3t line of srid Section l7; thence northerly
rccords of
being ?5.30
?5.30 roCs
c? H!ttcrly rlong the tlorth line of thr E llZ SE I
l/1 'of srid Section l8 to the Hl{ Corner of rrld t
114 SE llal thenir southerly rlong thr ltrtt line
St 1.14 llE lle SE 114 of r!id Section lB to tha Sl{
112 St 1l4llE l/4 SE 1l4i thrnce restcrly rlong t
e of thr NE ll4 SE ll4 of stid Section lg to the
of srid tlE ll4 S t l/{; thence routharly rlon9. the
of the sll 114 SE ll4 of srid Srction lB to the SE
[, lt4 SE 1t4; thence southerly r'lon9 tha tist I ihe
It? tiE ll4'of Srction 19. Township 7 South, R,ange
Corner of r!i,d lJ ltZ tiE l/{;
T
ilt I/r
st 114
rhr t
of trl
South.
Slt Cor
Irst I
of 3!i
of thr
to thc
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of srid Section 17 to thc ltE Corner of the t l/? SE lla
.qt ll4 of Section 13. Torrnship 7 South. Range 95 Hest;
hen
st
ilE
1l ?.
dt
lin
ntr
inc
ds
Il
SE
Thence vrs tcrly r I ong the SoLth I i ne of
boundrry
a point
rlong th?
llne of
on the
l{est line
lrt 111
1l?
Cornrr
95 Hest
rn?r
lq
!5t
of
Co
he
Srction l9 to tha SIJ Cornrr of rrid l{E ll4i
xtltcrly' ll on9 the South I ine of the t{}l lt4
to the S!, Corner of grid ilU ll4 of Scction
thr HE ll4 of
thence continuing
of r!id Srction l9
l9;
Thenc.e continuing uasterly rlong the South llne of the
tlE ll4 of Section 24, Township 7 South. Rrnge 95 llest, to
the Sll Corntr of rrld NE lll', thence northerly rlong the llest
line of. srid tlE lt1 of Stction a4 to the f nttrs?ction yith the
loutherrterly xrter line of th! Colorrdo Riveri thence ln r
northrrstcrly direction tnd t1on9 rrid southersterly rttcr line
of .the Co'l orrdo R,iver to tht {nters!ction vith the tiorth llne
of rrid llE 114 of Section ?4;
Th:nce ln I northerly di rection lnd rlong srid routherstrrly
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l',t,, line of the co,'rrdo River through the t rr? of srction13. Tgunshf p 7 South, Rangr 9E liest, to the interl?ction withthe Irst line of rrid Stction l3;
Thence southrr.ly tlong srid Iast line of Section t3 to the
SE Cornlr of Governnent Lot 6 of said Section l3t thcncec!sterly rlong the North line of Government Iot ( of Sectionle. Toxnship 7 south. Rrnge 95 l{est to the tiE corner of sridGovrrnmrnt Lot rr of scction rg: thance northerry to r pointon the l{or'rhw:st ride of the publ ie rord ts noH cgnstructedrnd in us!r srid rord being rcferrcd to in r deed berring Rrceptioni,o. l0?537 ls.racorded in Boo! rs9 rt prge ?? of th: rrcords oftht Clcrt rnd Racordc r of Garf icld County, Co.l orldoi thancen0rthcrsterly.rlong thr HU ride of rrid public rord to thel{orth lint of the SE lt4 H}t lt4 of rrid S:ction lg; thrnceuesterly rlong thr t{orth lina of the SE lt4 t{tr ll4 of rridSrct'ion l8 ..0 tha t{u Corner of srid St lt4 Ht{ lle;
Thence northar,ty r,t ong the ltest line of thc NE llA fil{ llqof srid srction rg to the point of fnters!ction with theroutherstcrly xltar I int. oi tha ColorrCo Rivcr; thence northerlythrough the ltE ll4 lilt ltQ of said Scction lg, tnd rlongsrid tou!hcarterly urteitine of tha Colorldo River to tha
Point of lntcrs!stion xith the ilorth line of srid section lgithrncr northrrly through thc E l/Z Slt 1t4 of Sectlon l,
Toxnshlp 7 south. Rrnge 9s llcst rnd rlong ttrc southrrsterlyrlttr line of grld colorrdo River to r point 6lg.gg frat, l3Errsurcd tt rfght rnglasr DDrtherly fron thc north lina s lt2of srid stction 7; Thcncr south 88'17'll'Erst r disttnce of55.37 feet to r point on tla yest line of tha E l/? of saidsection 7l Thencr southerry rrong said r:st rine of the Irst rl?of srid rection ? t dist!nce of 914.37 feet to a point uhich is?3(5.57 faet northerly fron the south l/( cornrr of rrld seetion 7;
'THt'icE fioRTH 32'47'12- [AS7 A DtSTArct oF 505.50 rtET TOA P0INT ON THE HORTH LtNE Or IHt SOUTH ttZ OF SAID SECTIOIi ?; THENCE
'l0P'TH
(B'33'17' IAST A DISTANCE Of'160.95 FttTi TxENCE SgUTH SZ.S9,3l'tAsT A D,lSTAt{cE oF 77.?5 ttET; THtilct souTH 70.27.28. IAST A
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DISIA:lCt 0f 11.73 ft ; THilrCt SOUTH 37'23'30"iT A DlSTrnc[ 0r
l3?.31 Ittl; IHtliCt SOUTH 7'10'?9- tltST A DISTANCE 0F 154.19 tttl;
THtNCt S0UTH 39'{9'31' tASI A DISTAHCt 0F 89.85 FttT; THttiCE S0UiH O'.
57'37'tltSI A DISTATIc,E 0F 86.61 tttT; THtN!E S0UTH 37'??'23', tAST
A DI STAIICE OF I5O.I I TEIT TO A POIIiT ON A CURVT NHIIICE THE CIN]TN
0F SAID CURvt BEARS t{0RTH 77'39'32'IASTi THENCT ALOtlG IHt ARC 0F
SAID CURVE TO IHE ItiT, HAVIIiG A RADIUS OF ?9O.OO TTtT AND A CTIi:RAI.
A'{GLE 0r 65'05',18'A DISTANC,t 0F 329.{( rttT T0 A p0lriT 0F IAri3[[i;
IHtrlct s0uTH 77'?5'tl5- EAsT AL0ltG SAID TAliGtilT A D:STANCt 0F 5.(g.Do
fttT T0 A POINT 0r CURVE; THENCE ALONG THE ARC 0f SAID CURVE I0 THt
RIGHT. HAVIHG A RIDIUS OT {5O.OO TtET AI{D A CENTRAL.AIIGLE OF I5'
.02'51'.,1 DlsTAilct 0F llB.le rtET I0 A F0lrir 0F c0Hp0uND cUp.vtl
Tl'i.i;'.i Atn:15:H! rRC 0r SAIn CUPYf. I0 Tlll RIGHTT HAYlltE A RAD:US 0F
l5o. oo litT tr:u A cLlrli/,L A,tGtg or 3g.l?'3!.. & ntsTAncE or lo?. g5
ttr? 70 A ?orrT o,,l sAtD CuRv; l,Iiiric! Ti{E cENTtR 0F SAID CURVE BEARS
s0trln 66'56'ii: l,is?; rHtircE xoR?H ill.lo'?9' EAsr A DIsTAT-icE or
370.38 rttT; THtnCE N0RTH 0'57'25'EAST A DISTAtiCE 0F 810.30 FttTI
ruFtlCt l{0RTH 89'll'50' }ltST A DISTAIICE 0F 198.?6 FtETi THENCE x0RTH
l'3i'33'tAST A DISTANCE 0F'l 39(.3{ fEtT; THTNCE tl0RTH 85'3?'53'
T'IST A DISTANCT OF 2]0.02 TTET TO A POINT ON THE }IIST LINE OI THT
tnSI llZ 0F THE tlE 114 0F SAI D StCTI0N 7 i THENCE CONTINUING
ij;i'Ill 85'32'53' UIST T0 rTHt S0UTHEASTERLY ]IATER LINE 0F THE C0LQFADD
'RIvER; THENCT ltl A N0RTHERLY DIRECTI0N AL0NG SAID SOUTHIASITRLY
I{ATTR LIlIE OF THE COLORADO RIUER AIiD THROUGH THE }IE II4 OT SAID
STCTION 7 TO THE POI}IT OF INITRSTCIION }JITH SOUTH LI}IE OF STCTTOII
6. T0I;llStlIP ? S0UTH, RAI{68 95 IIEST; THENCE lN A }I0RTHEASTERLI
DIRTCTIOH AXD ALONG THE SOUTHEASIERLY }IATER.LI}IE OF THE SAID COLORADO
RIVER AND THROUGH THE SE I/4 OF SAID SECTION 6 TO THE POINT OF
INTIRSTCTIOI{ I'ITH THE EAST LINE OF SAID SECTION 6i
Thcr:ce crsterly rnd northerly llong the iouthe!sterly
rrtcrline of the said Colorado Rivrr rnd through the S ll?
of Saction 5. Torrnship 7 South, Rrnge 95 I'lest to thr point
of inttrrection xith thr North line of the.SE 114 of ttld
Section 5; thrncr r!strrly rlong 3!id North I ine of the
'rtid St l/4 to thr point of beginning.
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. Arrd. al so :
A trrct of lrnd Delng r part of thr routherst ona-quartrr ofthe southeast one-qurrter (sE I sE l) of section g, Tonnship llouth' -R!nge 95 xest of the str, Principal |teridian. drrftati iounty,colorrdo; Dor! prrticurrrry descri.bed rs folroHs:
comnrencfng !s r po{nt of rcference, at the louth onr-qulrtercornrr of said sect{on g; thence s gBo 4g,rl- E rlong the loutherryline of the southeast onc-qurrter of .srid section g, i{ith r,llbearings contafned hercln rclatlve thcreto., r distance of I3Z6.O9feet to the 3outhrest corner of said sE I sE I and thc TRUE poltiT0F BEGI^NING; thence N ol. zo, l4'E a distrnce of l3lE.24 fretrlong the yesterly llne of rrid SE I SE l, r!me bring rlong the!pProximatr centcrline of county road l{o.308: thencc S gg. {3,(9' E r distrnce of 93I.33 fect rrong thr northarry rrnetor r.rosE I sE I to ! I ln. dirneter rteel rrbrr rnd rlloy crp Dartad'TcB Inc' 1555'l ' f or the Northeast cornrr hareof ; thence s ol. 33, sE,,ll r dist!nc! of l3l5.o7 feet along the vrsterry llne of thrt errtaintrrct of lrnd described rs.the cast 4co faet of the sE I sE I ofsection I' ln Tovnship r south, Range 95 r{est of tha 6th p.H.. rnr decrre ordcrcd rn Distrrct court. docurnent rnd recciption r(0.203706 rs rrcorded ln Garfield County, Colorado, to ! | ln. dianeterttttl rebar rnd rlloy crp arrrked .TCB, tnc. lS6Sl, ln thr touther,lyllne of srid sE l sE l; thencc il gg.4g,rl. lr r digtance of 9a6.ogfcrt rlong thr 3outherry rrna of rrrd sE l sE r to the point ofbeginnlng rnd cont!inrng ?g.05 rcres of lrnd.
And also:
Erceptfng thrt parcel of lrnd dcscrlbed ln r deed recordedln Book 64 rt Page 398 of the records of the clerk rnd Rccorderof Garficrd county, cororrdo;,nore p!rtrculrrly describad rs:bcainning rt the rt4 corner batween scctlons r7 rnd rg, Toxnship7 south. Range 95 ltest: thrnca Horth z0 frrt; thence Erst !0 fcetto r neH corner; thenca r{orth l4 rods; thence Erst ?,3 rods;thence south r4 rods; thencr lrest 23 rods to the ney corn!r,contelning Z,0lZ tcres; rlso Gxcrptlng the SE l/q ilE ll4 ofSectlon 9, Townshlp 7 South, Rongr 95 l{est.
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Ercept!n9 also three prrcel s of lrnd rs dascribed below:
l) A parce'l of lrnd locrted ln Sections l3 and 24 Township 7 South,
Rrnge 95 llest. lnd Sections l8 rnd 19, Township 7, South, Rrnge 95
Iest of the 6th Principal l{eridirn, County of Garfield, Strte of
Co'torrdo rrore particularly describld rs fo'l loHs:
Commencing !t the ilortheast corner of said Section 24i thence
South 49'43'44" lJest r distance of 2877.91 feet to the true point
of teginning, said polnt being a point on the ttest Boundary of
Tamarisk Subdivision Fil ing llo. 'l , Parcel C; thence along thc Northerly
boundary of said Prrce'l C the following coursrs: South 49'15'16'
East r distrnce of {20.00 feet; thancc Horth 40'43'44" Erst r dist!nce
of 157.55 fcet to r point of cury!ture; thcnca r'long the trc of srid
curvc to the rlght hrving ! r!dius of 520.00 feet rnd I crntral rngle
of 35'09'09", ! dist!ncr of 3.l9.03 feeti thrncc ilorth 14r07'07'llest
r distanct of l?2.{9 feet; thcnce South 88'54'48" East r distance
of 521.31 feet; thence South l'05'12'Itast ! distrnce of 100.00 feet;
thence'South 8B'54'48' Erst ! dfstanca of 60.00 feet; thencc South
l'05'12'llest t dist!nce of 711.29 feet to.the South Erst corner of
said Parcel B; thence tlong the North boundary of Tamarisk Subdivision
Filing Ho. I Prrcel A the following courses: South 88o53'39'East
r dist!ncr of 30.46 fert to r point of curvtture; thence llong the
lrc of rrid curye to the laft havlng r rrdius of 4?0.00 faet rnd !
cantrrl rnglc of l0'01'22', r dlstlncr of 73.47 feet to I point of
trngency3 thence llong sald trngent North 8l'04'59' Erst r dist!nce
of 447.{7 fcet to r polnt of cury!turci thrnct r'long thr lrc of said
curvc to the rlght hrv{ng I rtdius of 500.00 fcet rnd ! centrrl rng'le
of 8'55'01'. r distrnce of 77.82 feat to I polnt of trngencrt thenca
rlong srld trngrnt north 90'00'00" Erst ! distance 22?.14 faet to !
polnt of curYrtura; thence rlong thr trc of srld curvr to the lcft
hrving r rrdius of 44u.00 fcct rnd t crntr!l rngre of lo'oo'00.,
a dilt!nce of 76.79 fect to the Southxest corner of Trmarrsk Sub-
division Filing No. I Prrccl B; thence r'lbn9 the ltest rnd ilortherly
boundary of said Parce'l I the follow{ng cours?s: l{orth l.o5,l?.
East r dist!nce of ?305.64 fret; thence south Bg's{,{9, Erst !
distrnce of 590.00 frrt; thence South l'05'lz'llest r distance of
478.30 feet; thence South 88'54'48'Erst r distrnce of I5S.54 fcet;
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thence south 57'oo'oo" Irst r distrnce of 340.25 feet; thence l{orth
33'00'00" Erst a distanca of zlz.69 feet; thence North s7ooo,oo,,
Hest a distanca of ll0.oo fcet; thence North 33.00'oo" East l
dist!nce of 187.15 feet to r point on the Horth boundrry of raid
Parse'l B; thence from raid Prrcrl B Horth 62'OO'OO'llcst r distanceof 505.40 feet; thencr ilorth 22.,24.49" lJest r distancc of lllO.?zfaet to the Southerly Boundary of r power G!srment ts described byrrcrption numbers 20glB5 rnd zll604 of Garfield county; thence
rlong the Southerly boundrry of raid power line rrsrnrent South
54'38'4'l 'ltest (south 5zn5B'39" Hcst) r distancr of 3oB.zo feet;
thcnce south 40o43'44'Hest (south 39.40'31. ltest) r distanee of
rzbo.gs feet to the true point of beglnnlng sontaining {.6.14,138
3qu!re feet or I 05.93 tcres.
2) A parcal of lrnd locrted ln sectron 19, Township I south,
Rrnge 95 lJest of the 5th Princlpal tter{dian, County of Grrfic'l d,statc of colorrdo. Horr part{cularly descrlbcd rs folloHs:
Con:mrncing tt the Northrrst corner of the Hortherst onr quarterof Section l8i thencc South loO5,SZ, ltest rlong the Erst llne of
said Hortherst one qurrter a dfstance of I .ZgE.43 fcrt: th!nce
continuing South l'05'52" Yast rlong srid East llne r dlstence of
1,350.12 fcet to I polnt of curvt thcncr rlong the trc of raid curyeto the rlght having ! r!dius of 500.00 faet tnd ! centrrl rnglc of
59 54'08". A dist!nct of 522.75 fcet to I polnt of trnglnt. thence
South 6l'00'00'llest rlong rrld tangent I dlstrnce of 1.013.99 fcetto r point of curve thence rlong thr arc of rald curve to the lcft
hrving I rtdius of 45O.OO fcrt rnd ! centrrl rngIe of SStS3,SS..
A dist!nct of 470.44 fect to l polnt of tangent thansr South l.OE,OS"9cst rlong srld trngent r dirtance of l,3oo.7l feet to r point on
the Horth line of the liorthcast one quarter of srid section l9;
thence south O'56'34'llest a distlnce of 57O.OZ feet thence north
89o03'25' llest r distlnce of {O.OO faet to the true po{nt of beginning;
thcnca South O'55'34'l{est r dlstrnce of 755.88 fcet to r polnt of
cuive; thcnce rlong tht.rc of srld curye to the right. havlng !rrdius of 420.00 fcct rnd I ctntral rngle of 79'19,00.. .A dist!nceof 58'l .42 fact to r point of tangent, thence South 80.15.34, yest
rlong lrid trngent e dltttncr of 2.500.85 feet to r polnt of eurve;
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thence rlong tht lrc of rrid Gurvc to thc r{ght, having t r!dius of
a?0.00 fcet rnd l crntrtl rngle of l3'22'54". r distrnsr of 98.09
fcet to r point of trngent; thtncc North 85'21 '32'l{est llong rrid
trngcnt r distrncc of 108.35 fcet to I point of curvri th!nsc rlong
thc lrc of rrld curYe to the left. hrvlng I r!dlus of gBO.OO feet
rnd r central rngle of 27t05'33". r distanca of 274.26 fcet to r
Point of trngenti thcncc South 66'32'55' llcst rlong trld trngent
r dist.ncc of 207.53 fctt to I point of curvri thcnce rlong thr trs
of said curve to the rlght hrving l r!dius of 420.00 fcet tnd r ccntrrl
rngla of l3'27'05', r distancr of 98.60 fcet to ! point of trngent;
thcnce South 80'00'00' ltest rlong rrld tangent r di3trnce of 2?1 .31
fcet, thcnc! l{orth lo05'12'East r digtancc of 2305.64 fcet3 thcnce
South 88'54'{B'Erst I dirt!ncG of 590.00 feeti th!ncG South l'05'lZ"
llcst t disttnc! of 178.30 fcct; thence South 8B'54'{8'Erst r dirtrnce
of 155.54 ferti thencc South 57'00'00'Erst r d{stance of 340.25 fect;
thcnec l{orth 33'00'00'[rst r dlstlnce of 272.69 fcrt; thcncc North
57'00'00'llast t distrnca of 110.00 fcrti thence ]lorth 33'00'OO'trst
I dist!nc! of 487.45 fcet; thrnce South 55o30'00'Erlt ! ditt!nc!
of 1.159.56 feat; thcnca North 73'10'24'East I distrnce of 39S.19
feet; thlncr South 50 00'00'East t distance of 175.00 fceti thrnc!
South 79'00'00'East r dlstance of 175.00 fcet; thencc Horth 53'OO,OO.
Erst ! distanca of 200.00 fcatS thenca South 90'00'00'Erst I distance
of 350.'00 fcct3 thcncc South 63'00'00' Erst l distrncc of ?27.74 f:et
to the truc polnt of beglnning. conttlnln9.6,245,{09 squrrG fcet or
l{3.375 lcrcs.
A prrccl of lrnd loertcd ln Section 24, Tornshlp 7 South,
95 l{cst of the 6th Princlprl l{erldirn, County of Grrfleld,
of Colorado, DorG prrtlculrrly desc,rfbed rs follors:
Conrnencing tt thc llortherst cornrr of sald Saction ?4., thence
South 33'20'?4'llest ! distanca of 3.108.29 fcat3 thance South
57'05'21' llest a distance of 11.75 fcet; thence North 32'53'39"
llest r distance of 40.00 fcet to tha true point of bca{nning; thence
llorth 49'15'16'lJest I dist!nce of 808.25 fcett thencG llorth aO.43,44"
Erst r diltrnce of 240.00 feeti thence South 49'16'16'Erst I distance
of e20.00 fecti thence l{orth r0'{3'14' East I distalce of 137.55
fiet to I point of curYt; thence rlong the trc of rrld curye to therlght, havlng I r!dius of 520.00 fcct rnd r crntrll rnglr of 35.09,09..,
I dist!nct of 319.03 fcct; thence llorth l{'07'07' l{est r dist.ncr
3)
Rrng:
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of l2?.q9 fctt; thence South BB'54'lB'Elst r dirt!nce of 521.31
fcet; thence South l'05'12'llest r dlstrncr of 100.00 fceti thence
South 88'54'48" Erst r dist!ncr of 60.00 fret; thence South l'OS,'12,,
lJest r distrnce of 711.30 fcet; thencc ilorth 88o53'39'Ytst r distrncr
of 193.63 feet to r point of curyri thence tlong th! lrc of rrid
curve to the rl9ht, hrvlng ! r!dius of 3lO.o0 fcet rnd I GGntra'l
rnglt of 20'00'00", r digtance of 108.2'l feet to r point of reverse
curye; thcnce r'long thr trc of srid curve to the lrft, having !
rrdius of 390.00 fcet rnd r crntral rngle of 2o'oo'00", I dist!nce
of 135.14 fcet to I point of trngent; thence North 88.53,39,, ltcst"
rlong said trngent r dist!nce of 110.00 fcet to r pofnt of curve;
thance llong tht lrc of safd curye to the Iaft, havlng r r!dius of
390.00 fcet rnd ! ccntral rng'le of '34'oo'00". I d{st!nc? of 231.43
fcet to ! polnt of tangenti thence South 57.05,21. Iest rlong said
trqgent r dlstance of 11.75 fcet to the true polnt of beglnn{n9
containing 76?,093 square fcet or 17.495 rcres.
I l:'ith-the follouing excepticns utrich shall be within ttre boundaries of the consoli-dated l4etrcpolitan nistrict.
TEPTICNS:
Parcc1 I
BATT/.Do.;T oiIp{ VItllSE, SECTICIi CNE, as recordes in the C'arficld Ca'rty Clerk
a:rd Recorder'D Offie cn No.renber 16, l9El, Re:e7.icn Nu?ber 321539.
Ccntalnin3 e.3l acres rDrG or lcss.
Parce1 2
BATTT.DEfT C"EK yILLA3E, SESIICN 1'uf, as recorded in tlre c'arfield co,:rrty clerk
anl Re:order'D Office o April 5, 1982, ReceEticn Nunber 326397.
Ccntainirg 33.61 acres rore or lcss.
Parccl 3
P.fr;JD€:T CXE]( \rILIA.E, SECTICN O;E, as reeordei in tlre Garficld Crrrtty Clerk
a,rj Recor,Ser't Of fice cn lurg:$. ll, 1981, Rece;t-icrr t}Jrbe.r 3f BOO4.
Ccrrt.inirrg 8I.82 t:res Bore G less.
Parce1 4
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I'O;JI6T CREE( \rJLIAE, SCTIo}i TIf),
url Recorder'3 off ie cn october 5,
Ccrrtainbg 50.29 tsres rore or tlss.
Parce1 5
t{lll-o't' CREEK \rrLI}E, sEcrlo'l c}lE, as
Recorder't Of fice cn llorerrber 91 1981,
Ccntaining 26.?0 Dcres rDre cr less.
as recoriet in tlre GarfielCt h-nty Clerk
198I, B,ecep,'.im ltunber 3I99I9.
recor3e5 in tlre Garfield Co..lnty Clerk anl
Recepticrr Nrrrrbar 321237.
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Par*1 5
JA.C( PCO€T VILIASE, EIIJll3 1D.4, as rccordej in tjre Garfield Co.rrty Clerk anj
Rccorder'r Of fice m July 18, 1983, Recepticn Nr,ynber 344C66.
Containing 5.00 rcres rDre qr less.
Parcel 7
L.lf. ST. JOfr' If,DDLE SOiEL, es rccord€,J in tlre Garfield Cointy Clerk nC
Feco:dcr'a Offie crr Decerrber 5, 1983, Beceplicn ltr:rtser y79L7.
C€ntrinirlg 11.30 rcrcs m)re ca lcss.
Prrc.el B
r Lot l, Block I of A !€HAT OF Rr\ER BLUIT FILIIE 9, rs recorde5 in t}e Garficld
I Ca.rnty Cle:t anl Recorder'3 Office cn l,by 7, 1984, F,ecqrt.im Nunber 352042.r Ccntr.lnin3 3.99 a:res EDrc cr lcss.
Pareel 9
Ttre ertJrc.st goarter of the rortlreast grarter of Se::t.igr lB, fbnship 7 So-rth,
Range 95 lJest of tlre 6t} Principaf Herid.ian. Exceptirg the rprtherly 4O.OO fcer-ant the +..terly 4O.m feet t}ercof.
Ccnttinirrg 37.67 rcres tlDre cr less.
Parccl l0
A parcel of lari EituDtG/3 in tlrc rort}rlest BraJler cf tlre rprthwest glarter of
Sccticn 17, T*nship 7 South, Range 95 Hest of the 6t.}r Prineipaf i+erid,ian anJbeiry rorc partiorlarly &scribed in a Special tlarranty Deed to a hlblic tltility
recorded in tJrc Garfield Cqlnty Clert arrl Recorder's Office ct JuIy 7, 1981,
Re:e7.im Nsbcr 316588.
Cmtai.rrirq l.@ a:rcs rore cr lcss.
Parel 1l
The e.:tlcast grrartcr of tle E least gJaJ:ter qf Scc't-icn 8, Tur:rship 7 Eo.:th,
FAr'g€ 95 lJest of tlrc 6t} Principaf Hcrid.ian. Excefr-iry the casrt. tt00.00 fect
tlrercof andl tlrat Frt of o)nty roa! rD. 3OB dcs:ribed es !b11o6:
Begirrri-rg !t th ra:.Juest corDcr of :aiCl rartlreast grJarter of tlE rorUrc sa
qJa.rtert
ltrence alcng t}rc rrstcrly li-rr of laid e:tJreast qJarter of the lo;t}reaat
goarLcr N 0l'20'14'E a iist-anca of 1316.24 fc€t to trre rDrthlrest corrEr of sail
rcutlreas'- $Jartcr of ttrc m.:tleast glaltcr;
ltran- alorg thc rrort}crly lirn of said eo;tlraast
guar-tcr S 88'43'{9"E ! disbnoe of 22.0I fcct;
g\rarter of t)'€ ro.ttlreret
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The'rce alorg tle t-Gtcrly tlre of aaid cannty roalaistn.c of 1316.2I fcet to ttrc ro,ltlrcrly line of
aoJtjtarct quar^ttf,
ltren almg aid co:therly Lirn N E'{8'II1{ t d.istrrEa of tr.01 fGGt.
Parcel Il ccrrtainirrg 27.26 acres Bor: or less.
Parc.el 12
A parcel of lanl situa:c,3 in the rort}uest qulrter of tlre ErU'[r€st gJart.er of
S.:tim 17, To,mship ? Sa:t}, Fange 95 Hest of t.}re 5th Pri-rrip.t larid.iar anl
being nore partioolarly describeJ as follo,r;
Begin:irg tt the rDrtlD.rest corrEr of tle raJth half of t}e rortJr.pst guartrr of
lfie r:.lt}rbrest goartcr of saidl S€c't-icrr 17;
ltren- alorg t}e rp:tlrerly liru of raid motlr half o,f tle rortlr.rcst quaJter of
tlrc e.lt}.rest grartcr S B'{5'33'E ! aistancr of t324.t12 feet to the ostcrlyfirE of raii! rortluest guarter of the m.:Llr.lest guartcrt
ltrera alcng said casterly lir:6 @'55'58.lrt c dist-arre of 659.65 feet to the
aaJtj-lei<t cDrDCr crf g^id ncrtlrr.lest guartcr of tle aa:tlruest gualler;
rD, 3OB S m'59'2l'tl asid ao.:tlrerct guartcr of tlre
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Ther:e almg tlre r'o,r'Jre- -y lirr of Eid rortJrrrest c1:artei of tJre ea;thresl
quarlcr N 88'45'02'\' a d.istane of $6.r19 feet;
Thcrrce N m'53'29'E a distance of 4I7.45 fect;
Thanse N 88'45'02\'a d.ist-anee of {17.45 fc€t t,o t}c resLerly lirc of ;aid
Se;t-im l?;
Then- alorg sa,iit esterly tine N m'53'29"E a d.istr:rc.e of.242.01 fcet to the
POll.T 0F BEGII.\:I}|3.Eltainirq 16.05 rcres nDrG qr less.
Pare.el 13
A parsel of bnil situatcd in Lot {, Sectiqt IB, To.nship 7 So.rt}r, Fangc 95 wes:of t)re 6tlr Prillcipal ll*id,iar ard beirg rore partio:Iarly des:ribed ia a OlitCtlirt' Deed rccord,eC in the Garfield Co.nty Clerk an! Recorder'B Officc cn }ray14, 1981, Recqr'-icn lfutber 315C95.
Conta,inirg 1.17 acrcs nDre or less.
Parecl 14
A pa:rel of lanl situa'-cd in tlre E tluest gJarter of tlre rDn}least q.la:tcr of
Eeerian 19, 7\r.aship 7 So:th, Ra;ge 96 t{est of tjre 6t}r Principal Harid.ian anl
bciag rDre partianlarly describEd in a +ecial bJrrranty Deed rrccorileyi in tlreGarficld Co.ulty CIe* arr! Recorder'D Offie crr Septrrber ll, lgEt, Recc?r-im
l*.rDer 319176.
Cmtr,ining 0.23 rcrcs nDre qr lrss.
Pareel 15
Gr,rnen:ing, as !
To.rnship i-tord,
aArLhCrct @tTler
fcc..i
Thcnsc s 37'25'57'1d s oist-ance of l6l2.4c fc€t to a point ar tfrc rEstcrryrightrcf-r.nry 1T"_ "l r eL''ty roal, tle polpr cF BErt{\f}r3;Ther- alcng ad tflt-ofvqy t}rc foltoring.tr*, (llj;;$es ant rrir!3,;16s3f ) N 10'21'59'1l'a d.ist-ance oi ft.?6 feet r --1
2l N 0l'25'30\{ a djstance of S1.69 icet3) N 05'28'22'E a distanre of 166.g2 fc€t4) N 03'45'23-E a djstanc. oi ito.{s i;5l N 02'14'35,E a ,listane of !i.42 fcct6) N 04'24'22'lt. r diGtulcG of Sl.gt f""t?) N l4'25'S3At a d.ist&,r3r oi 55.S2 icet8) N 29'O2'O{'U e distyrc.e of gS.gl f..t9) N 6l'15'a9'l{ a d.istane of g0.62 fetf0) N 7l'49'O4'}lr a d.istance oi Zl.gf i".tlf ) N 76'12'01'tf e d.ista,,rce of 169.X-ieet;
The-'rcc departing Eaid rightrcf+ay s D'5ii2s,L. r aistaDsr of 6g5.so fcet;ltpr- s 87'39'22'E a diitrn- of-35g.9r f; L tr," ForNT G RFEII$:N3.Ccntrining 5.27 tcres nclrc or lcss.
poirn of rcferan:e, at tlre cast g,.lar.tcr @rrEr of scctiar ?,!.-. 95 Hest of t)tc 6tlr prineiiar rcriai;. frm rhi*r tlraof raid s'Etiil, 7 b+--s s @.50,37.I' ; dr;;H of 2639.&4
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Parc.el 16
Begirnin3! G r point of refergtee,?oaship 7 So,.,th, Ran3e 95 lfe,sU ofsr.rtheast cDrrler of said Sect_irr Ifer-;
-"t 9-" ?:t qrancr 6rner of Secriar 7,
-S" 6t ltp.ip"t Herid.ian, trsn rf,icfr tr,ebears s @'50,57,tl a aistane oi flg.ee
lberce s 79'25'B'1{ t aistancr of 2689.97 feet to a point q., t}e Battlerert HesaP.U.D. b.rn3ary, tlre pOINf Cf BEGf,.$itlG.ltranoe N* 8l'o''rl.n a dist-a*e of 360 le€t arcng:-rid p.u.D. ri-rre to theEa:tlerctly vaterlire of t}e blorajc Rrvcr, -
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ltrerce roilerly tJ.rorg) rc rct half of Eid S.ctim 7. .l alcng:ri6
roJtlc$terly rratcrlire to e poi-nt 618.88 feet, as irearslrcd at rigrt lngles,
rortlrerly frcrrr tlre rortlr litr of t}e n.ltlr htlf o,f taid S.clicn 7; ltrence S88'l?'ll'E a d,istancr of 5{;.37 feert to a poirrt ar tJ'r. Est IirE of t}. Gast halfof raiil Sccticn 7;
Thrr* ranJrerly alor,g said *st linc of tlrc ast half of ra.id Eat-lm 7 a
d.istrncr of lzBC fcct to tlr: FOLNI Cf BEGIt&\ilNC.
parcel 17 [Area 5-3 included into Battlenent l.[esa Viater and Sanitat-ior
Dist:ict in 1988, to wit:l '
APARCELoFLANDLoCATEDINTHENoRTHEASToUARTERoFSECTIoNtT.ToI{NSHIPT
SOUTH. RANGE 95 I{EST OF THE 6TH PRINCIPAL MERIDIAN' GABFIELO COUNTY'
coLoFADo.BEING},ioBEPARTICULARLYoEScRIBEDASFoLLoHS:
co},tMENcING. AS A PoINT oF REFERENCE. AT THE NoRTH oUARTER CoRNER 0F SAID
SECTIONIT,AB.L.H.BRASSCAP,FRO}''II{HENCETHENORTHEASTCORNEROFSAIO
SECTIONlT,AB.L.M.BRASSCAPBEARSSEE48'll,EADISTANCEOF?65?'lBFEET'
l{ITH ^LL BEARINGS coNTAINEo HEREIN RELATIVE THEBETo:
THENCESoEos.oo.EADJSTANCEoFlTEo'BBFEETToAPoINT0NTHE
SOUTHEASTERLY B]GHT-OF-I{AY OF EAST BATTLEMENT PARKIIAY' A PROPOSEO ROAO'
SAIO POINT BEING THE PO]NT OF BEGINNING:
THENCE ALON6 SAIO RIGHT-OF'HAY THE FOLLOI{ING FOUR (4) COURSES:
l'44E.34FEETALoN6THEARcoFACURVEcoNcAvEToTHENoRTHI{EST.HAVING
A CENTRAL ANGLE oF 37 ?4, 43., ^ RADIUS oF 686.62 FEET ANo A cHoRo
BEARINo N4O 42'2?'E A DISTANCE OF 440.A2 FEET
?. N22 oO'OO'E A OISTANCE OF 49 I ' 47 Feel '
3'33I.EgFEETALoNGTHEARcoFAcURvEToTHERI6HT.HAVINGACENTRAL
ANGLE OF 17 ?I'06.. A RAOIUS OF 1095.92 FEET ANO A CHORO BEAR]NG
N3O 4O'33'E A OISTANCE OF 330.62 FEET.
4, 3?.I7 FEET ALONG THE ARC OF A CURVE TO THE RIGHT' HAVING A CENTRAL ANGLE
OF92OB'55'.ARAOIUSOF2O.OOFEETANOACHOROBEARINGNE525'33'E
ADISTANCEoF2E.EIFEETToAPoINToNTHESoUTHERLYRIGHT-oF-HAYoF
PBOPOSEO SIPPRELLE ORIVE.
THENCE ALONG SAIO PROPOSEO RIGHT-OF-YIAY THE FOLLOI{IN6 T}IO (2) COURSES:
1. S4B 30'OO'E A OISTANCE OF ?74.55 FEET
2,2g3.3BFEETALoNGTHEARcoFACURVEToTHERIGHT.HAVINGACENTBALANGLE
OF 49 30'57'. A RAOIUS OF 339.48 FEET ANO A CHORO BEARING S23 44'31'E
A DISTANCE OF 284.34 FEET TO A POINT ON THE I{ESTERLY BIGHT'OF-I'IAY OF
COUNTY ROAO 308.
THENCE ALON6 SAIO RI6HT-OF-I{AY SO1 OO'57'tfi A OISTANCE OF 940'OO FEET:
THENCE OEPARTING SAIO RIGHT-OF-IIAY N88 46'OO'}I A OISTANCE OF 307'3T FEET:
THENCE N36 09'13'I{ A OISTANCE OF 370.58 FEET:
THENCENgooo.oo.l{ADISTANCEoF446.30FEETToTHEPoINT0FBEGINNING.
CONIAINING T7.23 ACRES MORE OR LESS.
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EXHIBIT I'D''
WATER AI.ID WASTEWATER LEASE AGREEMENT
HIS AGREEMENT is made and entered into this
day of '&t, s T , 1985 by and between BATTLEMENT t'lESA
WATER AND SANITATION DISTRICT, Garfield County, colorado, a
quasi-municipal corporation and political subdivision organ-
ized and existing under the constitution and laws of the
State of Colorado, at the address of 0073-G SipprelIe Drive,
Parachute, Colorado 81635 (ti:e "District"), and BATTLEMENT
MESA, INC., a Delaware corporation, at the address of 743
Horlzon Court, Grand Junction, Colorado 81506 ("BMIrt).
RECITALS
WHEREAS, one of the purposes for which the District
was formed is to provide water and wastewater service to
residents and property owners within its boundaries; and
WHEREAS, it was contemplated at the time the
District was organized that it would own and operate water
and wastewater treatment and transmj.ssion systems for the
benefit of its residents and property owners, i.ncluding BMI,
dependent upon the District's financial ability to construct
or acguire, and operate and maintain such facilities; and
WHEREAS, Et its orgranization, the Di strict was
financialty incapable of constructing and acquiring facili-
ties needed to serve development within the District, and BMI
determined that it was in BMIrs best interest to construct,
operate and maintain such facilities for the benefit of its
development project known as Battlement Mesa, some or aII of
which lies within the boundaries of the District; and
WHEREAS, BMI owns and operates a wastewater treat-
ment plant, wastewater collection lines, a water treatment
pIant, and water transmission and distribution Iines which
may be capable of serving the District; and
WHEREAS, BMI has heretofore provided facili.ties and
services to the District without charge in order to permit
the District to mature sufficiently to enable it to reassume
its intended responsibilities; and
WHEREAS, BMI petitioned the District for the
exclusion from the District of a considerable portion of
BMI's property in order to better enable BMI to develop and
serve such property without financially burdening the Dis-
trict and in order to avoid the imposition of additional
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costs upon the existing residents and Property owners in the
District; and
WHEREAS, the District has entered, ox intends to
enter into, a contract with BMI to purchase certain water and
wastewater facilities from BMI; and
WHEREAS, the District desires to enter into a lease
agreement with BMI to obtain water and wastewater treatment
services for property located within the vicinity of the
vrater and wastewater facilities purchased or to be purchased
by the District from BMI, including property which is
currently connected to and being served by such facilities;
and
WHEREAS, BMI desires to enter into a lease agree-
ment with the District for the provision of water and waste-
water treatment services to property which is located within
the boundaries of the District, subject to the terms and
conditions contained herein; and
WHEREAS, the District has the power and authority,
pursuant to C.R.S. Section 32-l-10O1, 3s amended, to enter
into agreements and contracts affecting the affairs of the
District, and has the management, control, and supervj.sion of
aIl business of the District, including the authority to
construct, install. operate and maintain water and wastewater
facilities; and
WHEREAS, the Board of Directors of the District has
determined by resolution dated the 25? day of
14r'2A L - , 1986, that it is in the UEEI interest of the
ffier into this Aqreement;
NOW, THEREFORE, in consi.deration of the foregoing
recitals, the mutual covenants and stipulations hereinafter
set forth, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby freely acknowl-
edgred, the District and BMI agree as follows:
ARTICLE I.
DEEINITIONS AND INTERPRETATION
1.01 Definitions. As used herein, unless the
context indicateG-EErilfEe, the words defined below and
capitalized throughout the text of this Agreement shalI have
the respective meaning set forth below:
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(a) Agreement: This Water and Wastewater LeaseAgreement, and any amendmetrt hereto made in accordanceherewlth.
(b) BMI : Battlement Mesa, Inc. , a Delawarecorporation, and--Its duly authorized officers, directors,employees, agents, and permitted successors and assigns.
(c) Board: The duly constituted Board of Direc-tors of the District.
(d) Customer: Any Person authorized to connectto and obtain seEiZE-Ey means of the water and wastewater
Improvements.
(e) District: Battlement Mesa Water and Sanita-tion District, G;;fieId County, Colorado, including any ofits duly authorized representatives, officers, directors,employees, or agents, and shalI not mean any Customer orelector (as defined in C.R.S. Title 32) of the District.
(f) DweIIing Unit:A residential dwellingdesigned and built for any residential dwetring use permittedwithin the Battrement Mesa pranned unit deveropment adoptedby the County Commissioners of Garfield County, Colorado, orany equivalent unit used for commercial, industrial, or otheruses within the District.
(S) Event of Default: The events or the exis-tence of the conffih in section 14.01 hereof .
(h) Internal Line: Any water or wastewater lineto be purchased,-o;-under-purchase contract, oF purchased bythe District from BMI (excrusive of Trunk Lines) as the sameare depicted in Exhibit A, and any other water or wastewaterIine which the District may construct.
(i) Person: Any individual, corporation, jointventure, estate,--T?ust, paitnership, homeowner's or- otherassociation, governmental entity, agency or other legalenti ty.
(j) PIans: The pIans, documents, drawings, andother specifications prepar"d by or for BMI or the Districtfor the construction, installation, acguisition of, orconnection to any of the water and wastewater Improvements,including any addendum thereto, any change order, revision,and/or modification thereof .
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(k) Service Lins: Any privately owned andmaintained pipe, Iine, or conduit used or to be used toprovide water or wastewater service from a Trunk Line orInternal Line, to a building or Dwelling Unit, whether thepipe, Iine, or conduit is connected or not.
(I) Service PIan: The District's Service PIan as
approved by tfre Aoard of County Commissioners of GarfieldCounty, Colorado, and as amended from time to time.
(m) Tap: The right of a Dwelling Unit on theproperty to connect, oF the connection of a Dwelling Unit onthe property, to a Trunk Line or Internal Line for thepurpose of obtaining service to such DweIling Unit.
(n) Trunk Line: Any water main or wastewaterinterceptor used aET-Eoiduit for water or wastewater inBMI's water or wastewater systems servicing the Battlement
Mesa Planned Unit Development which is not purchased orsubsequently owned by the District.
(o) Water and r Wastewater Improvements: Thewater and/or wastewater facilities owned by BMI which aredepicted in Exhibit ttB" hereto which include atI Trunk Lines,treatment plants, disposal works and related improvements.
l.02 Interpretation.the context otherwise requires:
In this Agreement, unless
( a ) The terms tthereintt , tthereundertt , t'herebytt ,ttheretoft, tthereof rr, and any similar term, ref er to this
Agreement as a whole and not to any particular article,section or subdivision hereof ; the term ttheretoforett meansbefore the date of execution of this Agrreement; the termttnowtt means at the date of execution of this Agreement; andthe term trhereafterrt means after the date of execution ofthis Agreement.
(b) AII definitions, terms, and words shallinclude both the singular and the plural.
(c) Words of the masculine gender include wordsof the feminine and neuter genders, and vice versa.
(d) The captions or headings of this Agreementare for convenience only and in no way define, Iimit, ordescribe the scope or intent of any provision, article, orsection of this Agreement.
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(e) AII schedules, exhibits, and addenda referredto herein are incorporated herein by this reference.
ARTICLE II.
PRELIMINARY PROVI S IONS
2.Ol Intent. The District and BMI desire to setforth certain prelIminary agreements relative to theirintentions in entering into this Agreement. It 1s agreed bythe parties hereto that the statements of intentiotr set forthin this Articre II are essentiar to the proper j.nterpretation
of this Agreement. The following statements are illustrativeof the partiesr intentions and, while they are to be used toconstrue and grovern this Agreement, they are not intended toconstitute an alr-incrusive statement of the intentions ofthe parties.
2.02 Necessarv Actions. The parties agree thateither party shalI be entitled to any remedy, order, judgmentor action which is or may be necessary in order to makeoperative the intentions of the parties expressed herein.
2.O3 Right of Termination. BMI shall be entitledto terminate this Agreement, upon ten (10) days notice andwithout penalty, if at any time it is determined by BMI, inits sole discretion, that any provision of Section 2.04 hasbeen viorated and such vioration has not been cured withinsuch ten (10) day notice period.
2.04 Intent and Conditions. The preliminary
agreements, cond ent, and intentions ofthe parties are as follows:
(a) It is aqreed by the parties hereto, that BMIis not and shall not in the future, be a service company, nora public utility as defined in C.R.S. Section 40-1-103(1)(a),nor as such terms are defined in any constitutional provi-sion, statute, oE law of the State of Colorado, nor asdefined in any rule or regrulation of any entity or person
asserting jurisdiction in matters relating to this Agreement,or the subject matter hereof.
(b) It is not the intention of BMI to offer orprovide service by this Agreement to members of the generarpublic; rather, it is BMI's intention to offer and provideservice solely to the District, which service the District
may make avaj.lable to Persons of its choosing subject t.o theterms and conditions of this Agreement.
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(c) It is the intention of BMI to enter into this
Agreement to further its private development interests as a
corporation conducting a development business in the State of
CoIorado.
(d) It is not the intention of BMI, and BMI
expressly disavows any claim or attempt, to dedicate any ofits property to a public use, or to make any offer to provide
service to the public, or to make any representation that itis capable of providing service to the public at large
whether within or outside the District. BMi does not desire,
and shall not be construed as offering, to furnish water or
wastewater service to the public or any individual residentor property owner within or outsiCe the District.
(e) BMI has constructed its Water and Wastewater
Improvements with Iimited capacity sufficient to serve BMI's
developable property, and has determined that it has suffi-cient surplus to make service available by lease to theDistrict pursuant to this Agreement. The remainder of suchcapacity shall be, and is hereby, reserved to BMI to furtherits private interests.
(f) This Agreement shall be construed as aprivate agreement between BMI and the District. It isexpressly agreed by the parties hereto that no Person otherthan the District shalI obtain hereby any enforceable rightsto service from BMI, and to this end it is expressly declaredby the parties hereto that no Person shall be construed as athird party beneficiary, of any kind, of this Agreement. TheDistrict shaII be entitled and soIeIy responsible to subleaseor otherwise use the water and wastewater servi-ce it obtainsby this Agreement to any Person of its choice whose onlyrights to demand service and/or Taps shall lie against the
Di strict .
(g) The District shall have the right, only upon
purchase of Taps from BMI and subject to the terms andconditions contained herein, to permit Customers of theDistrict to complete Taps to the Water and Wastewater Im-
provements and to obtain water and wastewater service fromthe District. BMI shall not have the right to seII Taps to
Customers within the District other than to BMI and to direct
purchasers of BMI property.
(h) It is the intention of BMI to organize ametropolitan district with power and authority to accept an
assignment of this Agreement and perform the covenants andobligations of BMI as contained herein. Such metropolitandistrict may determine to enter into agreements and leases
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with other Persons, which it shall be entitled to executewithout condition that such agreements and leases containprovisions or terms of service similar to those containedherein. Such additional agreements and leases may obligateBMI, or its successor, to provide water and wastewaterservice to property located outside the boundaries of theDistrict, and/or outside the boundaries of such metropolitandistrict. The District shalI not oppose the organization of
such metropolitan district and shaII not attempt to interferewith any other agreements or leases executed by BMI or suchmetropolitan di strict.
(i) BMI shall be considered and deemed a contractcarrier and not a common carrier.
(j) The parties hereto agree that r:o effort shallbe undertaken by either party to request supervision, con-trol, oE regrulation of this Agreement, of either partyhereto, or of the property of either party, by the PublicUtilities Commission of the State of Colorado, or any otherentity claiming jurisdiction of the subject matter hereof.
The District shalI assist BMI in defending against any claimof such jurisdiction. In the event the Public Utilities
Commission or other entity attempts to assert jurisdiction
over this Agreement, BMI, or the facilities or improvements
owned by BMI, BMI shall have the right to terminate thisAgreement without notice to the District and without penalty.
(k) Nothing contained herein shall be construedas a limitation on the right of the District to charge itsCustomers for water and wastewater service at any rate it
deems appropriate, provided, that such service is provided toproperty owned by BMI within the District at rates whichshall be uniform as compared to those charged to other
Persons within the District.
(1) Nothing contained herein shall be construedto prohibit or rimit the right of the District to estabrishits own rules and regmlations for the purpose of governingthe provision of water and wastewater service by the Districtwithin its boundaries.
(m) Notwithstanding execution of this Agreementby both parties hereto, this Agreement sharr not be effectiveuntil the District enters into that certain Facilities
Purchase Agreement dated the 44 day of ,4OhrST ,1986, for purchase of the Interhar Lines from BMI. NottJith-standing anything contained herein to the contrary, BMI sharrhave the right, it its sole option, to terminate thisAgreement if at any time the District is found by BMI to have
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failed to perform its payment obligations pursuant to said
Eacilities Purchase Agreement.
ARTICLE I I I
TERM
3.01 Annual Lease. The initial term of this
Agreement shall commence on the day and year first abovewritten and shall continue to December 31, of such year.Thereafter, this Agreement shall automatically continue forsuccessive one-year periods unless sooner terminated asprovided herein. Successive peri.ods shall be governed by the
same terms and conditions contained herein, unless otherwise
agreed to in writing by the parties hereto. Upon terminationof this Agreement, aIl the terms and provisions contained inthe exhibits attached hereto shalI Iikewise termi.nate.
3.02 Annual Termination. In addition to therights of the parties to terminate this Agreement due to
breaches or violations of any provision of this Agreement,the District is granted a right to terminate this Agreement,effective December 31 of any year following the initial termof this Agrreement, upon written notice to BMI prior toOctober 1 of that same year.
3. 03 Special Election. If, at any time, theelectorate of the District determines by affirmative vote ata special or regrular election of the District that this
Agreement shall be extended and considered an ongoing obliga-tion of the District to which the District is obligated, on ayear to year basis, to budget and appropriate funds, the termof the leases contained in this Article III shall continueuntil terminated according to the terms and conditions of theauthorization approved by the electorate of the District, oEuntil sooner terminated pursuant to the provisions of this
Agreement by BMI, or by either party pursuant to Article XIVhereof.
3.04 SaIe Not to Effect Term. In the event any oraII of the Water ents are purchased bythe District from BMI by contract or biII of sale during theterm of this Agrreement, such purchase shall not effect the
term of this Agreement, and this Agreement shall remain infull force and effect until such time as title to such
improvements or facilities has been conveyed to the District.
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WATER
ARTICLE IV.
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4.01 Wastewaler Lq-ase' BI'1I ' hereby leases to
District, and Di#I":::.?l' r'ora= t" tenant of
BMI, 2oo,ooo g;il""; per day i"-t" ""1"-* daily average basis
(with dairv o:;k;";; iio'oo6 earrons-per d"v) of wastewater
treatment, tor the term of - tfis Agreement defined in
Article III ntttof to be used to service the property
i"piIi.A in gxft:"Uit C attached hereto'
4-O2 Water Lease' BMI hereby leases to District'
and District hereby takes ;'a it.ios as tLnant of Bt'lI ' 2OO'OO0
crallons per day on 11 annual daily t"t"o" basis (with daily
ieaks of goo,o6o garrons- o". *"i "r poiabre water for the
term of thi.s Agreement d"f;Ji; Ar-ti.cle III hereof to be
used to service the prop"rt^V'EpJ"t"a in nxfriUit C attached
hereto.
4 ' 03 Volume Servl-se ' Wastewater treatment and
ootable water wiII U. pro,rffito the District on a volume or
bemand rate ;"=i; -el,ir
"rr.rihave the right to install flow
meters to measure the *.=I"*.t"t flow releived by BMI from
the District, and shall h; trre rignt to install flow meters
to measure inJ--t*o"'t or"iotJr: -
il5tt derivered to the
District. BI'II shall pay "if costs of such meters ?t'd the
installation- irreieoe.' u"1ir- such time as BMI installs fIow
meters, the D;;tri:t sfra.f i-t""J-tfrt individual water meters
pertainins .tJ Ja-; *tlri; u;t =tt""Jbv tr'" District and
shalt provrd-e l-i""ora oi- =""i, readings -for eac! calendar
monrh ro eMi nl r"t"r t-hJ-ih. loth i"y following each
calendar ^orrarr.- ;1,1j shall -use such recoids for the purpose
of preparing its- -invoice-s *t&ft - to Article V hereof '
such recordJ =rr"rr be "=Ja
-C -emr
. .fot determining' on an
equivalerrt t"=iatntial- YIri; J"'=i=' the' costs to the District
f or w"=t"w"tll- tt""tea ui;ii; bv :-=-t^i*ttins the wastevrater
flowfromtheDistrictuased.,po,'treatedwjterprovidedtothe Distrlct' In the t"""t either party disputes the
accuracy of such meters' records or -invoites' suc^h party
sharr have the right to .Jt-"-:.-n ln indlpendent professionar
engineer or--"L"Lultant t"- a"i"rmine the accuracy- of such
meters, records or lrroil"J. --ii-it i= att"tmined by such
individuar thar the mere;;;-;"";!o:.:.: invoices are accurate
withinfive-p"'"""t(5%),plus.orminus,tr,"partyrequestingthe review $;ii^';t';;iis'ated -to' pav the ctsts of such
review.Ifitisdeterminedthataninaccuracyexistsby
more ttran five percent (iJ/"), prus or minus, the party whose
meters, recordJ or it'oi;tt '"t inaccurate shaII pay the
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costsofsuchreviewandshalltakesuchappropriateactionto ensure ti:at such inaccuiacy is not repeated'
4.04 District Sublg-e'ses' The District shaII be
entitled to =tU .-wastewater treatment
Ieased hereby in oraer to provide servit" -to any customers of
theDistrict,schoosingprovidedappropriateTapshavebeen
obtained by t1"-;;;iiilt'fiom BI,II ior each DweIIing unit to
which the pi=iiiJ ir.t"na= -lo- piovide service ' AII Taps
which are connected as of if,e dale hereoi shall be considered
raps which h";;-;;;n obtaii'ti iv-lr': ?-t-:1t"t from BMr' Arr
costs incurred by the District ior provision by the District
of water and wastewater ="ri"L l" its custo*erl shall be the
sole responsibility of-the District' The District shalI
sublease and provide sufficient water and wastewater -service
to BMI on the same basis ";-a; aII othe-r customers in order
to enable BMI-i; obtain t1J"i""-to aII of its' or its
designees, Taps within ,t;;- District which are presently
connected to frunk or Internal Lines "rrJ to aII of Taps sold
or connected by it or it= ;;;ig"";= within the District after
the date hereof'
4. 05 Tap Sales.' There are currently seventy-one
( 71) wastewater Taps- and seventy-one ( 71) water Taps j'n
operation wrtrrin the Distri-J,--;; which have been sold to
residents or property o*.r"T=--ritrrit the District' Bltll agrees
to selI add,itional water .',a ""=tewater Taps to the District
sufficienttoenabletheDistricttoutitiz"the.waterand
wastewater treatment r""=JJ rrlr.uv subj ect to BI'1I I s riqht to
useTapsforitspr.operti-in-ixnibj.tcandtosellTapstodirect purchas-Jrs -or '=tt"# e;d;;: --': is currentrv antici-
pated that til" "o=t= of ?
-"o-ntirru'a water and wastewater Tap
sharr u. two ti.;;;;d aori"il'lsr;ooo.oo) for a three-quarter
inch water Tap and one .g,ri;"r';;t residential wastewater TaP'
BMIsha}IhavetherighttoincreaseordecreasesuchTapfees as it deems necessarY'
4'06 BMI Taps and SerYigg District shall not
attempt to selr@n unless it has first
acquired such Taps from Bt4;: elar snati-ue entitled to seII
or use water and wastewafer t"p" for any of BMI' s property
within the District at "rrv-ptiie deemed ippropriate.by BMI on
condition that BMI provide'sl.itt"r, notice to the District of
thedatesuchTapsaresoldorareconnectedtolnternal
Lj.neswithintheDistrictandthenameofthePersontowhom
the District may submit irroi"". for the District's periodic
service charges. Th9 ,"1"' and wastewater leases contained
inSections+.orand4.o2areintendedtoSecuretotheDistrict sufficient ="tt'i"t caPacity'to serve aII property
wi.thin the District a.p:"-"I"a-ii-, gxhlUit c' If in breach of
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rr,rj.rj""',tt#=5lLTiffi
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::;:; ::s ii* iiti:#,:n'" tr:i. ir .;:o . r,"il...r;r,iduring
$ii' tri;; it*ffi
''t "*q*t*r*ffi
*{*,ru***p*ut*uf****,
ff*ii*il1 to*F:agreement
r+fiH.'*}fi*fi,qi}:f,*t,+ffition s. oi h"'.'"'oT.. noti." 1o-1n." oiilli"t- p.,l.lt:"f*.tii_3;";r;"-:$g
*lHdrglr
:l Event or;iilii;."f1
(a) The reason for the revocation; and
ili;"st'.;[.?*l#;r*:ii,:ri]*3]oln?";1""::":.,!i.rit.
ru*i}.t*:ffiBrfifit}grrr*, "r"u="^"f ?t=ain""t
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ARTICLE VI.OPERATION AND MAINTENANCE BTIDGETS
:y_, shar, t,!i:,"ffii
.?r",:i:::.. 1. or each year,
:iff$ii.,it .t!" w"t""l''i w""t"r-"-t""1"r*o'o,r.ments ror theay3r r "ui.
- .". 1lToji".I: :I ;1t f.1,ti:i;:{+.{:i:i,*il.,;iili,:'l"iFilt:::{ ;ir:;i^i:y" .."J ;1:elines to-1,,=,.e thatpated .;;;;ii:,:."'",ff"fririll::::g .; ;;;' its shar" ;i antici_w a s t e w a t e r r mR
1 o.ve m
" ". "
- J" i lil Tn"".J".JJ.? ir: .
::i"I a : :t : ::,!i:"=r"::i'"fii*ia" ."pi-"Jir it=-'i,i;";: and budset resoru-c o mp I y w i irr'
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"o,io'nTf = i ;
r= li!.
u1iiii,
;5 ",.{.
;ii:
I *: ::provide copies "r. u,i6gJtJ"1rrd urodJt_i".solurions when re-quested, sharl entitr": eili to t".*ii"t"''ahis Agreement.
.ll:. ...o.o3,0' Records' BMr and the Distr.ict sharr maintain::lr - lI"'.To,"""',"n"r"Jn ";nj,lrl iq:1i:"f U:::Jjl_:l j*l:;"::practices rerated-i. ir,""?i"t" oi-irri=*'f,.."rn".,t, and cop5_esof such records =rr"ii't"'a'.rr.r.i"j"i; tn" -other ni.ty uponrequest and upon payment-oi trr. .o"t;-.; such copi.=. ,
servi ce =n'.rort "ffi p, =11:i! oTo"*I" ::":L.;.
: : i: ii t I U iiT!'x'."i.".' :l'"i il.'l"' o: I = :: p r o vl d e
"
o,,-i i .,, o,, "reasonabre contror tv -"irr]-pJecE Eo interruptions revona trre
i n t e r rup., 3"
o1, Htrffi
:^1."i: :, "ifl r r.t "., ::" li::i;.:"":J Hi:;"ili 3*;* :;i: :i: ":i ::a:::.":
"cau
s e d u y
.i1" .
i,j i,,, r o r
operate ""J',r'"'*t ;."1il:"*,1laccordance witr,.trri= oni""r."t ana aii-"boricabfe raw" of theState of cororado. Th;^;i=:'t.i"i-"'i,;r'i f"y. no liabirity for!h" operation or malntenince of ,." ii"t"" or wastewaterlmprovements, exgept for !L payment of L_ppropriate periodic:i:';ri:lJi: '.i"t."ri',1."i*p"rl"= to imr pursuant io a.t:.-
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7.04 Prohibited constituents. BMI shalI not be
required to trea@-ontaining any constituent
tiJt"a in Exhibit D nor any other constituent that may
adversely affect the treatment capability of the Wastewater
Improvements as determined by BMI. if it is determined by
gMI that a constituent or constituents are regnrlarly present
that would adversely affect the Wastewater Improvements, of
the ability of BMI io treat wastewater in accordance with the
terms of :.ts discharge permit, the District shall promptly
proceed to rectify such condition. The District further
agrees to use its blst efforts to prevent aII such discharges
Ui its Customers or users. The rules and regulations of the
District concerning use of Taps or Internal Lines by its
Customers or users shaII be consistent with the provisions of
this Agreement.
7. 05 Independent Contractors. BMI shalI be
entitled to perffich it deems necessary in
order to provide water and wastewater service to the Dis-
trict, and to perform the operation and maintenance functions
contained in this Agreement, including, without limitation,
the right to employ outside contractors when necessary to
complete any repaii, replacement, or maintenance, and the
riglt to emptoy -an outside contractor to operate and maintain
the Water and Wastewater Improvements.
7.06 Oualified Operators. BMI shall see that
qualified operator- are available to operate and maintain the
tiater and Wastewater Improvements who shall perform duties
including, but not necessarily limited to:
(a) Operation of the facilities, including the
reading of master flow meters.
(b) Cooperation with State, County, and federal
authorities in providing such tests as are necessary to
maintain compliance with appropriate goverrunental standards.
(c) Supervisi-ng connection of Service Lines to
Trunk Lines.
(d) Performing normal maintenance and normal
repairs necessary to continue the efficient operation of the
systems.
(e) Providing for emergency preparedness in order
to provide twenty-four hour response to emergencies such as
intLrruption of service because of Iine breaks, freeze-uPS,
or other mechanical problems.
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7.O7 Propertv. BMI shal-I be entitled to purchase,
Iease, oE otherwisE-afruire any interest in any real or
personal property which it deems necessary in order to
perform tfr:.s-Agreiment, and the costs thereof may be charged
by BMI as an operation and maintenance expense'
7. 08 Service Line Repair. Repair of "I-r Service
Lines and Intern@he District shall be the
sole responsibility of the District unless the need for such
repair "ris"s as a result of action by BMI. AII other repair
and maintenance shalI be performed by BMI. Maintenance costs
are a cost of this Agreement.
7.Og Claims for Damaqe to Eropertv-' - -It is €X-
pressly stipulat damage shall be made or
maintained Ly the District against BMI by reason of breakage
of Trunk or Internal Lines by District personnel; non-negIi-
gent interruption of water or wastewater service and the
conditions resulting therefrom; failure of the water supply;
shutting off or turning on water made necessary for proper
operation and maintenance functions; making of connections or
eitensions to Trunk Lines; damage caused by running water
escaping from broken or defective Service Lines, Internal
Linel or Trunk Lines; broken Service Lines or Internal Lines
or other facilities not owned by BMI; damage to water
heaters, boilers, or other appliances resulting from shutting
water off or for turning watei on; damage to real or personal
property due to inadequate or sporadic Pressures not caused
Ly -negfigent operation and maintenance of the Water or
Wlstewater Improvements; or for doing anything to the systems
owned by BMI deemed necessary by BMI, or its agents for
proper operation and maintenance of the Water and Wastewater
improvemLnts. BMI shalI notify the District of the existence
of any of the foregoing conditions but shall have no respon-
sibility for notification to Customers of the District of any
of the ioregoing conditions. Such responsibility for notifi-
cation to Customers of the District shalI Iie soIeIy wj'th the
District. The District shalI maintain proPer insurance to
protect against losses of its Customers due to the existence
of any of the foregoing conditions.
ARTICLE VI I I.
CONNECTIONS TO AI.ID USE OFwest rurs
8. O1 Connections. with regard to the connection
of service r,ines to tnternal Lines anc Trunk Lines, the
District agrees as follows:
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(a) AII connections to Internal Lines within the
District shalI be installed in accordance with PIans apProved
by the District's engineer based on reasonable District
standards which are compatible with, and which wiII not
damaqe, BMIrs 9^later and Wastewater Improvements. Any and all
costs of installation, review and approval of designs, and
inspection of connections to Internal Lines (with the
exception of inspection by BMI's engineers of connections
which shall be permitted by the District, ) shall be the sole
expense of the District.
(b) AII connections to Trunk Lines which are
desired by the District shalI be installed in accordance with
Plans approved by BMI's engineer based on reasonable stan-
dards which are compatible with, and which will not damage
BMIts Water and Wastewater Improvements. Any and all costs
of installation, revi.ew and approval of designs, and inspec-
tion of connecti-ons to Trunk Lines shall be the sole expense
of the District.
(c) To permit construction of all Service Lines
and compl-etion of aII Taps in compliance with Plans approved
by the District based upon reasonable standards at no expense
to BMI.
(d) To hold BMI harmLess for payment of any
contractor, subcontractor, or supplier that District may use.
(e) To give BMI reasonable notification of the
time the District proposes to make or permit any Taps in
order to enable BI'1I to adequately supervise and inspect the
Taps.
8.O2 Written Permits. The District shall not
uncover, use, alter, disturb, or make any connection with, or
opening onto, use, alter, disturb, or Tap to the Water or
Wastewater Improvements or Trunk Lines without first obtain-
ing a written permit from BMI. Unauthorized uses of BMI's
systems include, but are not limited to, any unauthorized Tap
to dnlr Trunk or Internal Lines, and tampering or in any vray
modifying any meter.
8.03 Unauthorized Connections and Fees. The
District shall n Lines or
enlarge or otherwise change the equipment, service or use of
property without first acquiring water and wastewater Taps
from BMI. Any such Tap, enlargement, or change shall be
deemed an unauthorized connection. Upon discovery of any
unauthorized connection, this Agreement shall be subject to
termination by BMI unless, 3t the sole option of BMI, the
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then-current Tap fee is paid by the District and the District
also pays an unauthorized connection fee. The unauthorized
connection fee shaII be in an amount eq.ual to the then-
current Tap fee which would be due from the District. BMI
shall send written notice to the District stating that an
unauthorized connection has been made. The District shall
then have ten (10) days from the date of the notice to pay
the then-current Tap fee and unauthorized connection fee. If
such fees are paid within ten ( 10 ) day period, the
unauthorized connection fee may be waived by BMI. In the
event such fees are not paid within the ten (10) day period,
and if BMI elects not to terminate this Agreement, a notice
of revocation of service shall be sent to the District by BMI
and the Tap shall be disconnected by BMI.
8.04 Infiltration and Inflow. To the extent the
District has tfre rr@ control infiltration
and inflow relative to, or the obligation of repair to,
Service Lines or Internal Lines, the District shaII limit theinfiLtration and inflow to the Wastewater Improvements to
standards uniformly applied to aII new construction through-out the collection, distribution, and treatment systems of
the Wastewater Improvements. Such standards shalI be those
prescribed by the Colorado Water Quality Control Commissionor any other state or federal agency having jurisdiction.
The District agrees to use its best efforts to ensure thataIl existing Service Lines and Internal Lines, within theDistrict which are connected directly or indirectly to the
Wastewater Improvements wiIl meet such standards, and in the
event they do not, the District shall modify or otherwiserepair said Service Lines and Internal Lines to meet suchstandards. The costs of such repair or modification of such
Service Lines and Internal Lines shalI be the sole responsi-bility of the District except as otherwise agrreed by theparties.
ARTICLE IX.
EASEMENTS
9.01 Deliverv Upon Reguest. The District agrees
and covenants to execute and deliver, upon request by BMI, or
to have executed and delivered, permanent utilities easements
which may be necessary for the construction, operation and
maj.ntenance, disconnection, or repair of aII Water and
Wastewater Improvements which are the subject of this
Agreement. Said permanent utilities easements, together with
adequate access to the easements of adequate size anddescription shall be delivered by bargain and sale deed toenable BMI to access, construct, operate, maintain,
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disconnect and repair the Trunk and Internal Lines to the
extent the District can do so. BMI agrees and covenants to
execute and deliver, upon request by the District, or to have
executed and delivered, permanent utilities easements which
may be necessary for Construction, operation and maintenance,
dj-sconnection, or repair of Internal Lines and Servi.ce Lines.
Said permanent utility easements together with adequate
access to the easements of adequate size and description
shall be delivered by bargain and sale deed to enable the
District to access, construct, operate, maintain, disconnect
and repair the Internal and Service Lines to the extent BMI
can do so.
ARTICLE X.
EFELUENT
10.01 Ownership and Use. BMI hereby reserves alI
water reuse and effluent rights with respect to lrater and
wastewater services provided to the District under this
Agreement, including, without Iimitation, aII rights to
successive use, reuse, and disposition of such water or
wastewater as such rights may be defined in C.R.S.
S 37-82-106, BS amended, and in the case of Denver v. Fulton
Irrigation Ditch Companv, 506 P.2d 144 (CoIo. 1973). It is
recogniTed and agreed by the parties that the District shalI
have the first right of refusal to purchase said effluent
from BMI if BMI determines that said effluent can be made
available for sale.
ARTICLE XI.
INSURANCE AND INDEMNIFICATION
11.01 Insured Improvements. BMI shalI be respon-
sible for seeing that the Water and Wastewater Improvements
are insured in amounts sufficient to repair and replace such
facilities in the event of substantial or total damage or
destruction of the Water and Wastewater Improvements. For
the purpose of this Section 11.01 "substantiaI" damage or
destruction shall mean damage or destruction to at least
twenty-five percent (25%) of the Water and Wastewater
Improvements. In the event of such substantial or total
damage or destruction from causes beyond the control of BMI,
BMI shall elect within thirty (30) days of such occurrence,
by written notice delivered to the District, to either
(i) repair and restore the Water and Wastewater Improvements
with sufficient capacity to meet the then-existing needs of
the District, oE (ii ) to obtain sufficient water and
wastewater capacity from other facilities sufficient to meet
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the then-existing needs of the District. Assignees of BMI
shall repair and replace the Water and Wastewater Improve-
ments and restore them, as near as reasonably possible, to
the condition of such Water and Wastewater Improvements
existing immediately prior to such occurrence.
11.02 Partiesr Insurance. The parties hereto shaII
each, during the term of this Agreement or any renewals or
extension hereof, maintain at their respective cost the
following tlpes of insurance coverage with companies and in
amounts acceptable to both parties. The costs of such
insurance coverage shaII be considered a cost of this
Agreement and shall be allocated pursuant to Article V
hereof.
(a) General Liability Coveraqe in the minimum
amount of $4OO,OOO/$150,000, or in the amount reflecting the
current leveI of governmental immunity provided by statute,
whichever is greater, protecting the parties and their
officers, directors, and employees against any loss, liabil-
ity or expense whatsoever from personal injury, death,
property damage or otherwise, arising from or in any way
tonnected with the performance, management, administration
and operation of this Agreement, and also provi.ding protec-
tion to the parties for any and aII contractual liability
arising from the performance of, or failure to perform this
Agrreement.
(b) Directors and officers Iiability (errors and
omissions) in the minimum amount of S5OO,OOO, protecting the
parties and thelr directors and officers, agai.nst any loss,
li.aUiIity or expense whatsoever arising from the actions
and./or inactions of the parties and their directors and
officers in the performance of its duties.
(c) Operations coverage designed to insure
against injury to the property of third parties or the
persons of those third parties caused by the operations by
the parties in the minimum amount of $4oo,ooo/$150,oo0, or in
the amount reflecting the current IeveI of governmental
immunity provided by statute, whichever is greater.
11.03 Emplovees' Insurance. Each party will make
provision for workmen.F-ompensation insurance, social
security and employment insurance and unemployment compen-
sation for its o\.rn employees performing this Agreement as
required by any law of the State of Colorado or the federal
government and wiII, upon reguest, exhibit evidence thereof
to the other party.
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11.04 Certificates. Within thirty (3O) days of a
written request of a party tfre other party shall furnish to
the other party certificates or memoranda of insurance
showing compliance with the foregoing reguirements. Said
certificates or memoranda of each party shall state that the
policy or policies wiII not be cancelled or altered without
at least thirty (30) days prior written notice to each party.
Upon assignment of this Agreement, the assignee hereof and
the District shalI obtain appropriate certificates of
insurance which shall show the other party as an additional
named insured.
11.05 BMI Indemnification. BMI shaII indemnify the
District against@ross not covered by the
insurance coverage of BMI and against aII liability or loss
arising from causes of action based upon, arising out of, or
sustained in connection with the performance of, or failure
to perform, this Agreement by BMI, or by conditions created
thereby, or based upon any violation of any federal, state,
or local law, rule or regrulation by BMI, and shall maintain
and control defense of the District against any and aII such
claims or actions. This Section 11.05 shall be deemed and
consj-dered nulI and void upon assignment of this Agreement by
BMI to any Title 32 special district organized with power to
perform this Agreement.
11 . 06 SeIf- Insurance. Notwithstanding anything
contained in thiffio the contrary, BMI (but not
its assigns) shall have the right to elect to self-insure aII
or any portion of the j-nsurance coverage addressed in
Section 11.01 and Section 11.02 hereof.
ARTICLE XI I .
GOVERNMENTAL COMPL IANCE
12.01 Compliance with Law. The parties agree to
comply with alI federal, state and local laws, rules and
regulations which are now, or in the future may become
applicable to the parties,
or to services required to
their business or operations,
provided by this Agreement.
12.02 Taxes. Each party assumes responsibility for
itself, and any of its employees, for payment of all federal,
state and local taxes or contributions imposed or required
under unemployment insurance, workment s compensation, socialsecurity and income tax laws.
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12.03 Service PLan. If, 3t any time, it is deter-
mined that the S#tice PIan of the Di strict needs to be
amended to permit performance by the District of this Agree-
ment, the District shall proceed to do so in the most expedi-
tious manner possible, and shalI bear the costs of such
amendments.
ARTICLE XIII.
REPRESENTATIONS WARRANTIES AND COVENANTS
13.01 BMI Representations. In addition to the
other representations, warranties, and covenants made by BMI
herein, BMI makes the following representations, warranties,
and covenants to the District:
(a) BMI is the fee owner of the Water and Waste-
water Improvements and water necessary to perform this
Agreement and has marketable title to such water and to the
Water and Wastewater Improvements.
(b) BMI has the fuII right, power, and authority
to enter into, perform, and observe this Agreement.
(c) Neither the execution of this Agreement, the
consunrmation of the transactions contemplated hereunder, nor
the fulfillment of or the compliance with the terms and
conditions of this Agreement by BMI wiII conflict with or
result in a breach of any terms, conditions, or provisions
of, or constitute a default under, oE result in the imposi-
tion of any prohibited lien, charge, oF encumbrance of any
nature under any agreement, instrument, indenture, or any
judgrment, order, of, decree to which BMI is a party or by
which BMI or its property are bound.
13.02 District RepIgSg-{glicns. In addition to the
other representa ovenants made by the
District herein, the Distrlct makes the following represen-tations, warranties, and covenants to BMI:
(a) The District is duly authorized under the
constitution and laws of the State of Colorado to execute
this Agreement and perform its obligations hereunder, and aII
action on its part for the execution and delivery of this
Agreement has been or will be duly and effectively taken.
(b) Neither the execution of this Agreement, the
consununation of the transactions contemplated hereunder, nor
the fulfillment of or the compliance with the terms and
conditions of the Agreement by the District wiII conflict
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with or result in a breach of any terms, conditions, oF
provisions of, or constitute a default under, or result in
the imposition of any prohibited lien, charge, or encumbrance
of any nature under, aDY agreement, instruction, indenture,
resolution, or any judgment, order, or decree of any court to
which the District is a party or by which the District is
bound.
13 .03 Instruments of Further Assurance. The
District and. BM execute,
acknowledge, and deliver or cause to be done, executed,
acknowledged, and delivered, such acts, j.nstruments, and
transfers as may reasonably be required for the performance
of their obligations hereunder.
ARTICLE XIV.
AND ENEORCEMENTDEEAULTREMEDIES
14.01 Events of DefauIt. In addition to breaches
of provisions orffiersewhere in this Agreement
the violation of which shall constitute Events of Default,
the occurrence of any one or more of the following events or
the existence of any one or more of the following conditions
shall also constitute an Event of Default by either party
under this Agreement:
(a) a failure of the District to pay any Tap fees
or other fees or charges reguired by this Agreement when the
same shall become due and payable as provided herein unless
such failure is cured within the time period provided in
Article V hereof;
(b) a failure of BMI or the District to perform
or observe any other of the covenants, agreements, or condi-
tions in this Agreement unless such failure is cured within
ten (1O) days of receipt from the non-breaching party of
notice of such failure;
(c) the dissolution, insolvency, or Iiguidation
of the District or BMI.
14.O2 Rights and Remedies. Upon the occurrence of
an Event of Default,
(a) BMI shall have the following rights and
remedies which may be pursued only upon ten (10) days written
notice delivered pursuant to Section 17.06 hereof and the
failure of the District to cure such Event of Default within
such ten (10) day period:
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(i) To shut off or discontinue water and
wastewater service in accordance with Iaw; and
(ii) To foreclose any and aII liens in the
manner specified by law.
(b) BMI and the District shall have the right,
upon ten (10) days written notice delivered pursuant to
Section 17.06 hereof:
(i) To protect and enforce their rights
under this Agreement by such suit, action, or special pro-
ceedings as they shall deem appropriate, including withoutIimitation any proceeding for the specific performance of any
covenant or agreement contained herein, for the enforcementof any other appropriate legal or eguitable remedy, oF forthe recovery of damages caused by breach of this Agreement,including attorneysr fees and all other costs and expensesincurred in enforcing this Agreement; and
(ii) Io terminate this Agreement as provided
herein; and
( iii ) To take or cause to be taken such otheractions as they reasonably deem necessary.
14.03 Costs. Any sums advanced or expenses incur-red by the parties in connection with the remedies set forthherein, including attorneysr fees, shaII become due andpayable by the defaulting party immediately upon terminationof any action maintained by any party, without notice, andshall bear interest at the maximum interest rate allowed by
Iaw.
14.04 Delav or Omission. No delay or omission ofeither party to exercise any right or power arising to theparties based upon any Event of Default shall exhaust orimpair any such right or power and shall r:ot be construed awaiver of any such Event of Default, or acquiescence therein.
14.05 Waivers. No waiver by either party of anyEvent of Oefault herer:nder shalI extend to orj affect ant
subsequent or any other then-existing Event of Default andshall not impair any rights or remedies consequent thereon.AII rights and remedies of the parties shall be cumulatj.ve,
may be exercised separately, concurrently, or repeatedly, andthe exercise of any such right or remedy shall not affect orimpair the exercise of any other right or remedy.
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14.05 Unimpaired Rights. No recovery of any
judgment by the parties shall in any manner or to any extent
affect any rights, powers, oE remedies of the parties here-
under, but such rights, powers, and remedies of the parties
shaII continue unimpaired as before.
14.O7 Discontinued Proceedings. In case either
party shall have ny right under this
Agrreement and such proceedings shalI have been discontinued
or abandoned for any reason, or shall have been determined
adversety to either party, then and in every such case the
District and BMI shall be restored to their former positions
and rights hereunder, and aII rights, remedies, and powers of
the parties shall continue as if no such proceedings had been
taken.
ARTICLE XV.
RELATIONSHIP OF PARTIES
15.01 No LiabiIitl. This Agreement does not and
shall not be con-EEEued as creating a relationship of joint
ventures, partners, or employer/employee between BMI and the
District. Neither BMI nor the District shall be liable for
obligations incurred by the other party, and neither BMI nor
the District shall have the power to charge to the credit of
the other party any obligations incurred in performingr this
Agreement.
15.02 Independent Contractors. The parties intend
that this Agreement be interpreted as creating an independent
contractor relationship. Pursuant to that intent, it is
agrreed that the conduct and control of the work required by
this Agrreement shall lie solely with BMI which shall be free
to exercise reasonable discretion in the performance of its
duties under this Agreement, subject only to the satisfaction
and approval of the District. Neither party si:aII, with
respect to any activity, b€ considered an agent or employee
of the other party.
ARTICLE XVI.
NONEXCLUSIVE AGREEMENT
16.01 Freedom of Contract. This Agreement shalI
The District may use other
service providing entities in
accomplish the purposes and
Both parties shall be free to
to be performed by or for other
not be considered exclusive.
contractors, consultants, or
addition to BMI in order to
objectives of the District.
contract for similar services
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Persons whire each is obrigated to perform this Agrreement, sorong as such other contracfs or service do not interfere withthe timery attendance to, and the compiulion of, the obriga-tions contained- in this Agreement, ana do not b.;ii .ro"=connections with, or cause damage to, the water and waste-water Improvements.
ARTICLE XVII.
17.01 Effective Date. upon the execution by bothparties hereof, ffi srratr be in furl force andeffect and be legarry uinairrg upon-L..r, party. Each partyagrees to execute, approve, and- adopt any arrd alr instru-ments, documents, and resolutior" ,r"t"ssary to effectuate thecovenants, terms, conditions, and provisions containedherein
17.o2 Time of the Essence. Time is of the essencehereof' If the.@ or the date otherwisedetermined for the performanc-e_of any act required or per-mitted under this Agreement farr" or'" Saturday, Sunday orlegar holiday, the time for performance sharr be extended tothe next succeeding business day.
17'03 parties rn!s-r-!gq Herein. Nothing expressedor imPrled :.n-trr a or shalr be con_strued to confer upon, or to give to, any person other thanthe District and BitI, any rigfit, ,.rn.ay,' o. claim under or byreason of this Agreement br any covenants, terms, conditions,or provisions hereof, and atr the covenants, terms, condi-I.to.l,. and provisions in this Agreement by and on beharf ofthe District and BMI sharr be for trr. sore and excrusivebenefit of the District and BMI. The covenants, terms,conditions, and provisions contained herein and alr amend_ments of the Agreement sharr inure to a.ra ue uinJi", ,po., thepermitted successors and assigrns or tr:e parti.es hereto.
17.O4 i?=iglTS"!-. This Agreement may be assj_gnedby the parti.es on-ty iiEtr-Ehe prior mutuar written consent ofthe parties which sharr not be unreasonably withheld by theDistrict unless (a) BMI faire to gt;" -ir,"-Distri"i-tnirty
(30) days written notice of
"_
propJ"ea assignment, or (b) theDistrict gives BMI reasons for ieniar of the District'sconsent to such proposed assignment tithi. t"r, (10) days ofreceipt of notice.o.f a-proposed assignment by BMr. It is theintent of the parti"" h.r"to to perm-it assi.gnments by BI,II toparties which,are rawfurly authoiizea to perform this Agree_ment and which are compaiabre in finarrc:.ar strength to BMI .
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This Agreement may be assigned by BMI to a metropolitandistrict which may be organized by BMI for the purpose ofoperating and maintaining the water and wastewater Improve-ments, ots to a successor entity organized by BMI for suchpurpose, without additional consent of the District.
17.05 Impairment of Credit. None of the obliga-tions of BMI or the oiitr:.ct rrereunder shall impair thecredit of the other party.
17. 06 Notices. Except as otherwise providedherein, arr not:.ZEE or payments required to be given underthis Agreement sharl be in writing and shalt be hand deliv-ered or sent by certified mair, return receipt requested, tothe following addresses:
Di strict:
Battlement Mesa Water and Sanitation District
OO73-G Sipprelle DriveParachute, Colorado 81635
BMI:
Battlement Mesa, Inc.
743 Horizon Court
Grand Junction, Colorado 81506
ArI notices wilr be deemed effective upon hand derivery orthree (3) days after mairing by registeied or certified irair,properry addressed and postage prepaid. Either party, bywritten notice, hdy change the address to which nolicei shatrbe sent.
17.07 SevqrabiIitl. If any covenant, term, condi-tion, or provisf on- trnaFTrri.s Agre-ement sharl, for anyreason, be herd to be invarid or unenforceabre, the invarid-ity or unenforceabirity of such covenant, term, condition, orprovision sharr not affect any other provision containedherein, the intention being that suih provisions areseverable.
17. OB Amen{ment. No amendrnent, modification, orarteration of the tenTls or provisions hereof sharr be bindingupon the District or BMI unless the same is made in writingand is duly executed by the parties hereto.
17.09 Entiretv. This Agreement constitutes theentire agreement between the parties l:ereto concerning thesubject matter hereof, and atr prior negotiations,
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representations, contracts, understandings, or agreementspertaining to such matters are merged into and superseded bythe Agreement.
17.10 Governinq Law. This Agreement sharr begoverned and construed in aCcordance with the raws of theState of CoIorado.
17. 11 Recoyerv of Costs. In the event of anylitigation between the parties hereto concerning the subjeltmatter hereof, the prevairing party in such ritigation shalrbe entitled to receive from thl roling party, in addition tothe amount of any judgrment or other iwlrd Lntered therein,arr reasonabre costs and expenses incurred by the prevairingparty in such Iitigation.
IN wrTNESS WHEREOF, the District and BMr haveexecuted this Agreement as of the day and year first abovewri tten.
ATTEST:
AT?EST:
BMI:
BATTLEMENT MESA, INC., a Delawarecorporation
DI STRICT:
BATTLEMENT MESA WATER AND SANITATIONDistrict, Garfield County, Colorado,a quasi-municipal corporation andpolitical subdivision
By, Rt?'fu'4c-.
Pres].def(tL: e ,.: t-'e t a l' 1r
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STATE OF COLORADO.//
COUNTY OE Z-:.. ,*-/*l-
)
)
)
--.r, _q_c._44-<J__^ - J vv
'asy't,'"-:'%i"-]E
Battlement Mesa, Inc., a Delaware corporation.
this /. &. dav
as t.4iaz-.-1.,--/-
l{itness my hand and official seal.
l'--
My commission expires: '\*:*.-/L2,.,- :?-:l /:'
Notary Pub
7v3 7/P;/*, Od -U W,G
ss.
The foregoing instrument was acknowleCsea before me' (." day of '" ,, 1986, bY t'41./
)
,{'/
STATE OF COLORADO
coUNTY oE V\!a.J
as President andBattlement Mesa Water'andCounty, Colorado, a Coloradopolitical subdivision.
)) ss.
)
instrument was aqknowledsed before me
, 19.96, by
Sanitation District, Garfi.eIdquasi-municipal corporation and
Witness my hand and official seal.
My commission expires: /O O - t u
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The foregoingthis (-f4 day of aro',
EXHIBIT A
INTERNAL LINES
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EX}IIBIT B
WATER A}ID WASTEWATER II,IPROVEMENTS
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EXHIBIT C
PROPERTY TO BE SERVED
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EXHIBIT D
PROH I B ITED CONSTI TUE}ITS
(A) Pollutants which create a fire or explosion hazard in
the facilitY;
(B) Pollutants which wilI cause corrosive structural damage
to the facility, but in no case discharges with pH
Lower than 5. o, unless the f acili.ty is sPecif icaIIy
designed to accommodate such discharges;
(c) SoIid or viscuous pollutants in amounts which will
cause obstruction to the flow in Eewers, o! other
interference with the operation of the facility;
(D) Any pollutant, including oxygen demanding pollutants
(BOD, etc. ) released in a discharge of such volume or
strength as to cause interference in the facility;
(E) Heat in amounts which wilI inhibit biological activity
in the facility resulting in interference, but in no
case heat in suih quantities that the temperature at the
treatment facility influent exceeds 40oC (l'04oF) unless
the facility is designed to accomrnodate such heat.
Accn.ptlrcnc
AcrolcinAcrylonitri 1c
Aldrinr'Dicldrin
Antioony lnd cotlPoundr
Arrcnic rnd coaPoundr
A.bc.to3
Bcnzcne
DcnzidineEerytliuo end corPoundr
Crdroiun end couPounds
crrbon tctrrchloride
Chlordrnechlorinrtcd bcnzencs
Chl.orinetcd ctlrencs
Chlorj.nalkYl ctJterr
Chlorineted nrPhthelene
Chlorinatcd PhcnollChlorofont
2-chlorophenol
Chronir,un rnd cooPounds
Coppcr rnd conPounde
Cyenides
DDT rrd uctabolitica
DichlorobcruzcDeE
Di chlorobcnzi dinc
DichloroethYlcncc2, a-dichloroPhenol
DichloroproPrnc &
DichloroproPCne2, l-dincttrylphcnol
Dinitrotoluenc
Diphcnylhydrezine
Endo:ulfen & lctr.bof ltcs
Endrin end Dct.Dolitcs
EthYlbcnzcnc
Fluorenthcne
Eeloetjtcrs
Ealonethancs
Bcptachlor rnd rctrbolitcs
Ecxrchlorobutrdicnc
Berrchl orocYcl oPGntrdicnc
Ecx achl orocYJ' ohcxanc
I rophorone
Lced end co4or.urds
llersury end conPouDdr
Xepht}trlcneXicIcI rnd coEPoutrds
llitrobenzcne
Ni troPhenol s
Nitroea.nincr
Pcntrchl oroPhcnol
PhenoI
Pht}rlrtc c3tcrt
Polychlorinatcd bYPhenYlr ( PCB )
Polynuclcar rrooatic
hydrocrrbons
Sclenir:.rr rnd coaPounds
Silvcr end conPounds
2, r, 7, 8, -Tetrachlorodibcnzo-p-dioxin (TCDD)
TetrrchloroethYl ene
Thelliun rnd corPoundr
Tolucne
Torrphene
Tri ch1 oroethYl cne
vinYl chloride
Zinc rnd corPounds
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EXHIBIT I'D''
Amendrirent of VIater and Wastewater
Lease Agreement
This Amendment is made and entered into this \oTAday of Na.!a,qE=r.- , 1987 by and between BATTLEMENT I"IESA,
INC., A
Colorado
DISTRICT
@ration doing business in the State of("BI.,1I"), and BATTLEMENT I\,IESA WATER AND SANITATION("District").
WHEREAS, BMI and the District entered into thaL certainWater and Wastewater Lease Agreement dated the 4th day ofAugust; and
WHEREAS, the District desires to include certain land
owned by BMI into the boundaries of the District; and
WHEREAS, the parties desire by this Amendment to pro-vide for additional water and wastewater service for thebenefit of the property to be included in the Dj-strict;
NOW, THEREFORE, in consideration of the foregoingrecitals, the mutual covenants contained herein, and othergood and valuable consideration, the receipt and sufficiencyof which are hereby acknowledged, BMI and the District agreeas follows:
1. The Lease Agreement shall be amended as follows:
(a) The "property to be served" as identified inExhibit C of the Lease Agreement is hereby amended by inclu-ding therein the property identified as parcel 5-3 on theBattrement Mesa Planned unit Development as it exists as ofthe date hereof.
(b) Section 4.01 of the Lease Agreement is hereby
amended by changing the number "2001000" to "2451630" gallonsper day, and by changing the number "4501000" to "614r075"gallons per day.
(c) Section 4.02 of the Lease Agreement is hereby
amended by changing the number "200,000" to "289,795" gallonsper day, and by changing the number "900,000" to "I,3O4rO7B"gallons per day.
2. Each and every other and condition of the Lease
Agreement shall remain in ful} force and effect except asspecifically amended hereby.
I IN I{ITNESS WHEREoF, the parties hereto have executed
I this Amendment the date and year first above written.
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ATTEST:
BMI:
Battlement Mesa, Inc., a Delawarecorporation,
By:
DISTRICT:
Battlement Mesa Water
District r
and Sanitation
By:F/Stzqer>
SS.
AS
Secretary
ATTEST:
STATE
COUNTY
OF COLORADO
OF
this
as
The foregoing j.nstrument was acknowledged before meday of , LgB7, by
andof Battlenrent-Eesar Inc.
Wibness my hand and official seal.
(sEAL)
Notary Public
My commission expires:
'-> r-: 2'J:-
t < .( ./ -/.-'-li u
Secretary
)
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STATE COLORADOOF )
)
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SS.
couNrY o, Eo ( )o o
Thq fpregoing instrument was acknowled ed before merhi
AS
of
(SEAL)
My commission
l- o '"|n^,4 and K, lJ , -/
ae Battlement Mesa Water and San
AS
on Distric
Inlitness my hand and of f icial seal.
expires /o -L -?O
S
t
/' , \-Xth1.otary Public
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ASSIGNMENT OF
WATER AI.ID WASTEWATER LEASE AGREEI\IENT
THIS ASSIGNMENT is made and entered into this a\sr
day of ..s=<-=r-f+,=r.-- , l9B7 by and between BATTLEMENT I']ESA,
INC., a Delaware corporation doing business in the State of
Colorado ("BMI"), and BATTLEMENT MESA I"IETROPOLITAN DISTRICT,
a quasi-municipal corporation and political subdivision of
tire State of Colorado (the "Metro District." )
RECITALS:
WHEREAS, BMI entered into that certain Water and
Wastewater Lease Agreement (the ttLease Agreementr') dated the
4th day of Augmst, 1986, ds amended the lOth day of November,
1987 attached hereto as Exhibit A and incorporated herein by
this reference, with the Battlement I'lesa Water and Sanitation
District; and
WHEREAS, said Lease Agreement provided for the
assignment of said agreement by BMI to any entity upon
consent of the Battlement Mesa Water and Sanitation District;
and
WHEREAS, BMI and the Metro District desire by this
Assignment to effectuate a complete assignment of BMI's
obligations pursuant to said Lease Agreement; and
NOW, THEREFORE, in consideration of the foregoing
recitals, the mutual covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, BMI and the Metro District
agree as follows:
1. Assignment of Agreement. BMI hereby assigns,
delegates, transfers and conveys to the Metro District al1 of
BMI's rights, duties, obligations, and responsibilities in
and to the Lease Agreement subject to the terms and provi-
sions thereof.
2. Assumption of Duties.The Metro Districthereby accepts said Lease Agreement subject to the terms andprovisions thereof, and assumes, covenants and agrees toperform and be bound by each and all of the duties, obliga-
tions, and responsibilities of BMI thereunder, and agrees to
hold BMI harmless from any failure by the Metro District to
do so subject to the terms of this Assignment.
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3. Warranties bI_EI'1I. BMI hereby covenants with
and warrants toffict that, except as specifi-cally set forth in the I'Agreementrr and the "Assignment ofEacilities Purchase Agreementrt attached hereto as Exhibits B
and C respectively:
(a) At the time of the execution of this
Assignment, BMI is the lawful owner of interests in and tothe Lease Agreement.
(b) BMI has not previously delegated,assigned, transferred or conrreyed any of its right, title orinterest in or to the Lease Agreement.
(c) BMI will not hereafter attempt to furtl:erassic;r'r, tratrsfer, or coltvey alty of its riglrts, titIe, orinterest in or to the Lease Agreement to any other party.
(d) BMI will not attempt to modify, amend,terminate, or waive any of the terms or conditions of the
Lease Agreement.
(e) BMI is not in default under the terms ofthe Lease Agreement.
4. No Other Representations. Except as otherwiseprovided in Paragraph 3 hereof, this Assignment is made andaccepted without any representation, promise or warranty,either express or implied by BMI, and the Metro Districtshall have no recourse to BMI in any event whatsoever, andthe Metro District hereby discharges BMI from any liabilityunder the Lease Agreement or in connection with this
Assignment .except for those matters provided in Paragraph 3hereof.
5. Districtrs nepresentations. The MetroDistrict and and SanitationDistrict acknowledge receipt of this Assignment and agree andconsent to the terms and provisions of the assignments anddelegations set forth herein, and agrees to release anddischarge BMI from aII duties and responsibilities under the
Lease Agreement.
6. Indemnification. BMI hereby agrees to holdharm1esstheme@tsconsultantl,itsSucceSSorS
and assigns against any and aII liability, loss, oE damagethe same may suffer as a result of claims, demands, cost orjudgments against the Metro District relative to thewarranties made by BMI in Paragraph 3 above. This indemni-
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fication shall include but not be Iimited to court costs,
damages and reasonable attorney fees.
7. Binding Effect. Thls Assignment shall bebinding upon and shall inure to the benefit of the partieshereto and their respective successors and assigns.
8. Governing Law. This Assignment shall beconstrued in accordance with the laws of the State ofColorado.
IN WITNESS WHEREOF, the parties hereto haveexecuted this Assignment the date and year first written
above.
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ATTEST:
Byt
ATTEST:
Byt
STATE
COUNTY
BMI :
BATTLEMENT MESA, INC.,
Delaware corporation
Byt
METRO DISTRICT:
BATTLEMENT MESA METROPOLITAN
DI STRICT
Byt '/-/ 'Zr./A
OF COf,oRf,DO rExt'
OE HAFR 15
)) ss.
)
The foregoing instrument was acknowledged before methis 3/ sr day of Dreoqnop , l-99'l by P. ^. Stn +n.
_. ___-:__ as V i^e. pr,,s ) a e-_* and /y)trt^ pel_zucas Acsr. Set,t prA ?/t of Battlement Mesa, Inc.
Witness my hand and official seal.
My commission expires:
fflrflfiififil:,*
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STATE OE
COUNTY OE
COLORADO
) ss.
6n.,r-..6 EsE )
The foregoing instrument was acknowledged before me
thi s acFA day of >=.= --fa=* , ]-gBT by \),-u.r.- uJrgb.--
as r\.-:.R=+,.tsE F.'T and R-!,e^-r G,+.i-er-$,65G of Battlement Mesa Metropolitan
Di stri ct .
Witness my hand and official seal.
My commission expires:8 - (,-{ -1o
Notary
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EXHIBIT ''E'I
WATER AND SE}JER SERVICE AGREEMENT
THIS AGREETIENT is made and entered into this d-O.y o{
e.<-er-\Bev--- , 1990r- a1{-effective as of April l' 1989 ' bY and
bEtWEEN BATTLEI'IENT MESA }IETROPOLITAN DISTRICI' A qUASi'MUNiCiPAI-"ipotution una political subdivision of the State of Colorado,
(the ,,l,tetro Distiict';, and SADDLEBACK ITETROPOLITAN DISTRfCT, a
i"r"i-*"nicipal .o.p,rtuiion and-political subdivision of the State
6f Colorado ["Suddllback"), coll-ectively- referred to herein as the
;lurti"",, anb individually sometimes referred to as a "party ' "
RECITALS
WHEREAS, the Metro District and saddleback are empowered
by Section 3z-L-rijOa, c.R.S., and by their Service Plans to provide
,it.. and wastevrater service to residenbs and property owners
wiEhin bhe Batt,lenrent IIesa Planned Unit Development ( "Battlement
I,resa")i and
WHEREAS, the Metro District owns and operates a
wastewater treatment pIant,, wastewater collectlon lines, a water
treatment plant, and water transmission and
distribution Iines which are capable of serving Battlement Mesa;
and
WHEREAS, the wastewater treatment plant las constructed
with a capacilt ;i i.q million gallons-per -afy.(mgd) .(ConstructedCipi.ityll buf for reasons of economii efficiency is currently
oplratiirg'at 0.4 mgd (Operating Capaclty), and the water treatment
plant was construited-with a-caiacity'of 6.5 mgd (Constructed
Eipacityt, bui'ior reasons of edonomic efficiency is currently
oplratiir6-"t 3.25 mgd (operating Capacity) ; and
WHEREAS, Saddleback desires to obtain water and
wastewater servicl from the Metro District for the benefit of
fi"p"=ty within Saddleback's boundaries ("Property") as described
in Exhibit A; and
WHEREAS, Saddleback has requested, and desires to obtain
from the Metro District, water and sewer service on the terms and
conditions contained herein for the benefit of Sacldleback and/or
certain Customers which Saddleback desires bo serve; and
I,lltEREAS, the MeEro District desires to enter into this
servi.ee agreelnent wi.th Sadclleback to provi.de lvater and wastewater
treaLmrint ser:,:i-ces fc.rr the Property; and
WHEREAS, the Metro District and Satldleback have the power
and authority, pursr.lant to section 32-l-1001, c.R.s., to enter into
agreements ina con|racts af fect'ing thei r r:espec-tive af f airs,
iiclucli.ng the authorj'ty to construct, acquire, irrstaII, operate and
maintain water and wastewater facillties; and
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WHEREAS, the Boards of Directors of the Metro Distrlct
and Saddleback have each determined by resolution that it is in
their respective best interest to enter into this Agreement;
COVENANTS
NOW, THEREFORE, in consideration of the foregoing
recitals, the mutual covenants and stipulations hereinafter set
forth, and for other good and val-uable consideration, the receipt
and sufficiency of wfrictr are hereby acknowledged, the Hetro
District and Saddleback agree as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
1.01 Definitions. As used herein, unless the context
indicates ottrerwise, tfre words defined below and capitalized
throughout the text of this Agreement shall have the respective
meanings set forth below:
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(a) Agreement,: This llater and Sewer Service
I Agreement, ana dny amEnament tereto made in accordance herewith.
(b) Board: The duly constituted Board of Directors
of the }letro District.
(c) Customer: Any Person authorized by-tlt" Metro
District to conneit to and obtain'service from Saddleback by means
of the Water and Wastewater Improvements.
'(d) Dwetling Unit: A residential dwelling- designed
and built for 'any residential dwelling use permitted or any
equivalent unit uied for commercial, industrial, or other uses
within the Metro District service area which includes the
Battlement llesa planned unit development and the Town of Parachute.
loftheconditiol3)""ffi:"*,x".o.,"",l".f"3,'..n"existenceI
I Xllilr#."' o''",u#.l. TJ.Ji"T';' ;:::iHl"o,l't.n.'nil:Hl
(g) lletro District: Battlement llesa l"tetropoIlt?n
District, earfibld County, Colorado, including any of its duly
authorized representatives, officers, directors, employees, or
agents, but the term shall not include any Customer or elector (as
defined in Title 32, C.R.S. ) of the t'letro District.
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(h) Person: Any individual, corporation, joint
venture, estate, trust, partnership, homeowner's or other
association, governmental entity, agency or other legal entity.
(i) Plans: The plans, documents, drawings, and
other specifications prepared by or for Saddleback or the Metro
District for the construction, installation, acquisition of, or
connection to any of the Water and Wastewater Improvements,
including any adde-ndum theretor anY change order, revision, and/or
modification thereof.
(j ) Saddleback: Saddleback lletropolitan District,
Garfield Countyr- Colorado, including any of its duly authorized
representativei, officers, directors, employees, or agents, but the
teim shall not include any customer or elector (as defined in Title
32, C.R.S. ) of Saddleback.
( k ) Serv j-ce Line : Any privately owned and
maintained pipe, line t ot conduit used or to be used to provide
water or wastewater service from a Line to a building or Dwelling
Unit, whether the pipe, line t ox conduit is connected or not.
(I) Service Plan: The Metro District's Service
Plan as approved by the Board of County Commissioners of Garfield
County, Colorado, and as amended from time to time.
I (m) Tap: The right of a Dwelling Unit to connect,
I or the connection of a Dwelling Unit, to a Line for the purpose of
obtaining service to sqch Dwelling Unit.
(n) Water and/or Wastewater Improvements: The
r{ater and/or wastewater facilities owned by the Metro District
which include'all lines, treatment plants, disposal works and
related improvements.
L,02 rnterpretation.
context otherwise requires:
In this Agreement, unless the
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(a) The terms "herein", "hereund€E"r "hereby",
"hereto", "hereof" and any similar term, refer to this Agreement as
a whole and not to any particular article, section or subdivision
hereof; the term "heretofore" means before the date of execution of
this Agreement; the term "now" means at the date of execution of
I this Agreement; and t.he term "hereafter" means after the date ofI execution of this Agreement.
I (b) AI1 definitions, terms, and words shall include
I both the singular and the plural.
(c) Words of the masculine gender include words of
the feminine and neuter genders, and vice versa.
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(d) The captions or headings_ 9f_ this Agreement are
for convenience'only and in no way define, Iimitr or describe the
scope or intent of- a.ty provision, articler oE section of this
Agreement.
(e) AII schedules, exhibits, and addenda referred
to herein are incorporated herein by this reference.
(f) AII capitalized terms shall have the meanings
set forth in Section 1.01 hereof.
ARTICLE TI
PRELI}4INARY PROVIS IONS
2.OL Intent, Metro and Saddleback desire to set forth
certain preliminary agreements relative to their intentions in
entering into this Agreement. It is agreed by the parties hereto
that the statements of intention set forth in this Article II are
essential to the proper interpretation of this Agreement. The
following statements Lre illustrative of the parties' intentions
and, whiie they are to be used to construe and govern- this
Agreement, they are not intended to constitute an all-inclusive
statement of the intentions of the parties.
2.02 Necessarv Actions. The parties agree that either
party shall be entitled to any remedy, order, judgment or action
inicn is or may be necessary in order to make operative the
intentions of the parties expressed herein.
2.03 Right to Termination. The l'letro District shall be
entitled to terminate this Agreement, upon ten (10) days notice and
without penalt!, if at any time it is determined by t-he Metro
Districtr- in its sole discletion, that any provision of section
2.04 has been violated and such violation has not been cured within
such ten (10) day notice period.
2.04 fntent and Conditions. The preliminary agreements,
conditions to this Agreement, and intentions of the parties are as
follows:
(a) It is agreed by the parties hereto, that the
lletro District is'not and shal1 not in the future, be a service
company, nor a public utility as defined in C.R.S. Section 40-1-
103(1)(a), nor }s such terms are defined in any constitutional
provision, statute, or law of the State of Colorado, nor as defined
in any rule or regulation of any entity or Person asserting
jurisdiction in matters relating to this Agreement, or the subject
matter hereof.
I (b) It is not the intention of the lrletro DistrictIto offer or provide service by this Agreement to members of the
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general publici rather, it is the Metro District's intention to
5ft"r anh provide service solely to Saddleback, which service
Saddleback may make available to Persons of its choosing subject to
the terms and conditions of this Agreement.
(c) It is the intention of Saddleback to enter into
this Agreement to'further the implementation of its Service Plan.
(d) It is not the intention of the lletro District,
and the Metro District expressly disavows any claim or attempt, to
dedicate any of its property to a public use, or to make any offer
to provide service [o the public, or to make any re_presentation
tha[. it is capable of providing service to the public at large
whether within- or outside the Metro District. The Metro District
does not desire, and shalI not be construed as offerirg, to furnish
water or wastewater service to the public or any individual
resident or proPerty owner within or outside the Property.
(e) The Metro District has constructed its Water
and Wastewater Improvements with limited capacity ang_ Ir?=determined that it his sufficient surplus to make service available
to the property pursuant to this Agreement. The remainder of such
capacity snalt be, and is hereby, reserved to the Metro District.
a sre eme n t o ".,'"(i,l r:i'.1 S'":T- :l: " f f, :' f5. i3 " =rttll?t ;;. " n ii" " i :
eipressly agreed by the parties hereto that no Person other than
Sa-aateUaEk inaff oLtain hereby any enforceable rights to service
from the 1letro District, and to this end it is expressly declared
by the parties hereto that no Person shall be construed as a third
party beneficiEtry, of any kind, of this Agreement.
(g) Saddleback shall have the right, only upon
purchase of Tapd-irom the Metro District and subject to the terms
ind conditions contained herein, to complete Taps to the Water and
Wastewater Improvements and to obtain water and wastewater service
from the Metro District.
(h) The Metro District shall be considered and
deemed a contract carrier and not a common carrier.
(i) The parties hereto agree that no effort shall
be undertaken bf either party to request suPervision, control, or
regulation of Cnis Agreement, of either party hereto, ot of the
pr5perty of either paity, by the Public Utilities Commission of the
State oi Colorado, or any other entity claiming jurisdiction of the
subject matter hereof. Saddleback shall assist the Metro District
in defending against any claim of such jurisdiction. In the event
the Public Utilities Commission or other entity attempts to assert
jurisdiction over this Agreement, the Metro Districtr or the
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facilities or improvements owned by the Metro District, the Metro
District shalI hive the right to terminate this Agreement without
notice to Saddleback and without penalty.
ARTICLE TII
TERM
3.01 Perpetual. The term of this Agreement shall be
perpetual and "traff "onLinue until terminated as provided herein.
bpoi, termination of this Agreement, all the terms and provisions
cbntained in the Exhiblts attached hereto shall likewise terminate.
Notwithstanding that this Agreement shall continue in perpetulty
until terminated as provided herein, the Metro District reserves
the right to adJust the amount of water and wastewater services to
Ue proiided purluant hereto as set forth in Sections 4.01 and 4.02
herLof, and reserves the right to changer ds often as necessary,
the cost to be charged to Saddleback tor the services provided
hereby as set forth i; Section 5.01 hereof. Such changes shall be
non-discriminatory to Saddleback, and shall be as uniform as
possible with otfrer similar service agreements which the Metro
bi"tri"t may execute with other entities to receive service from
the }letro District.
3.02 Annual Termination. In addition to the rights of
the parties to terminate this Agreement due to breaches or
viola'tions of any provision of this Agreement, Saddleback is
granted a right td t6rminate this Agreement, effective December 31
of any year folloring the initial term of this Agreement, upon
writt6n -notice to the I'tetro District prior to October 1 of that
same year.
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ARTICLE IV
WATER AND WASTEWATER SERVICE
4.01 Wastewater Services.The Metro District shall
provide, to the Property wastewater treatment not to exceed-,q{i,.'lei , s"T+: p.r^t, o'--1 , 11":i1- 9i:}r,:"-1"i?ii":?@sof I oo gatlons per day) for the term of
this Agreement.
4.02 Water Service. The Metro District shall provide to
the Property potable water service not to exceed !.\P?ro@.gallons ppr-day on an annual daily average -basis- (with- daily PeSIsa------ !r5t 3.-.\oo, goo _ gallons per day) for the term of this
--!g.l_ts-+..Agreement.
4.03 Volume Service. Potable water will be provided and
billed to Saddleback on a volume or demand rate basis. The Hetro
District shall have the right, but not the obligation, to install
flow meters to measure the amount of potable water delivered to
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Saddleback. Saddleback shall pay aII costs of such meters and the
installation thereof. The Metro District shall use its meter
records for the purpose of preparing its invoices pursuant to
Article V hereof. An equivalent residential unit basis shall be
determined by reviewing the meter records as to the treated water
provided to Saddleback. In the event either party disputes the
accuracy of such meters, records or invoices, the Metro District
shalI retain an independent professional engineer or accountant to
determine the accuracy of such meters, records or invoices. If it
is determined by such individual that the meters, records or
invoices are accurate within five percent (58), plus or minus, the
party requesting the review shall be obligated to pay the costs of
such review. If it is determined that an inaccuracy exists by more
that five percent (5t), plus or minus, the party whose meters,
records or invoices are inaccurate shall pay the costs of such
review and shall take such appropriate action to ensure that such
inaccuracy is not repeated. Wastewater service shall be provided
and bitled to Saddleback based upon a calculation to be made by the
Metro District of the number of single family detached residential
unit.sr or equivalent residential units, located on the Property.
Saddleback shall be entitled to bill its Customers for water and
wastewater service as Saddleback deems appropriate.
4.04 Leases and Assisnments. Saddleback shall not be
entitled to sublease or assign the water and wastewater treatment
service provided hereby without the prior written consent of the
I'letro District.
4.05 Taps and Service. Saddleback shall not attempt to
sell Taps to any Person unless it has first acguired such Taps from
the Metro District. The water and wastewater service to be
provided pursuant to Sections 4.01 and 4.02 are intended to secure
to Saddleback slrfficient service capacity to serve all the Property
depicted i'n Exhibit A.
4.05 Additional Service. Saddleback shall have the
right to request additional water or wastewater treatment from the
}letro District in addition to the service granted in Sections 4.01
and 4.02. The Metro District shall not be obligated to grant
additional service to Saddleback, whether on terms or conditions
similar or substantially different from those contained in this
Agreement. The Metro District shall consider such requests on a
case by case basis, and shall be entitled to deny such requests
with or without cause.
ARTICLE V
SERVICE COSTS
5.01 Allocation of Expenses.AII operation
maintenance expenses incurred by the Metro District in
operation and maintenance of the Operating Capacity in Water
and
the
and
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Wastewater Improvements and for the provision of the services
contemplated in Article IV hereof shal1 be billed to Saddleback.
Initially, such operating and maintenance expenses shall be charged
at rates of $1.15 per 11000 gallons of water delivered and a rate
of $ 9.00 per EQR of wastewatLr treated. Any additional expenses
related to water and server services for Saddleback shaII be
directly billed to Saddleback. Rates and charges may vary in
accordance with section 3.01 hereof.
5.02 Ownership. It is expressly acknowledged by theparties that the rights of Saddleback to obtain water and
wastewater service from the Metro District and the payment of the
costs identified in this Agreement shalI not create in Saddleback
any rights of ovrnership in or to any of the l{ater or Wastewater
Improvements or in capacity therein, but shall create in Saddleback
beneficial rights to obtain water and wastewater treatment and
transmission service from the Metro District from water and
wastewater treatment capacity owned by the Metro District, subject
to the limitations of Article IV hereof.
5.03 Monthly Invoices. The Metro District shall biIl, by
written invoicer on a monthly basisr or other frequency, for
Saddleback's share of the operation and maintenance expenses and
other costs referred to in Section 5.01, whereupon Saddleback shall
have ten (10) days from the date of receipt of such invoice to makefull payment to the Metro District. AII invoices shall be deemed
received five (5) days after regular mail deposit by the Metro
District. If any payments required by this Agreement are not made
by Saddleback within such period, interest on the unpaid amountshall be assessed at the rate of eighteen percent (18t) per annum,
and the Metro District shall be entitled to exercise its rights to
terminate this. Agreement following written notice to Saddlebackpursuant to Section 5.04 hereof
5.04 Non-Payment. The rights to service granted hereinshall be revocable by the Metro District upon non-payment of anyvalid fees or charges owing to the }letro District, which non-
payment shall be considered an Event of Default. fn the event of
non-payment, Saddleback shall be given ten (10) days advance noticein writing of the revocation, which notice shall set forth:
(a) The reason for the revocation; and
(b) That Saddleback has the right to contact the
Metro District, and the manner in which the Metro District may be
contacted for the purpose of resolving the obligations.
If ttre obligation is not resolved within the ten (10) daynotice period, except as extended by the Metro District, theservice rights granted in this Agreement shaII be subJect to
terminat.ion by the tletro District, in its sole discretion, byblocking or disconnecting the appropriate Lines serving the
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Property. The costs of termination and disconnection shall beassessed to Saddleback.
ARTICLE VT
OPERATION AND I{AINTENANCE BUDGETS
5.01 Annua1 Budgets. By September 1 of each year, theMetro District shall estimate the annual operation and maintenancepayment payable by Saddleback to the tletro District pursuant toArticle V hereof. Saddleback shalI then comply with all applicablebudget laws and guidelines to ensure that il has sufficilnt fundsbudgeted- to pay the payment during the succeeding calendar year,and shall provide copies of its budgets and budgel resolutions tothe Metro District upon request. The failure of Saddleback tocomply with such budget laws and guidelinesr or failure to providecopies of budgets and budget resolutions when requestedf shallentitle the Metro District to terminate this Agreement.
6.02 Records. The Metro District and Saddleback shallmaintain the records, accounts, and audits required by statute, asweII as those which should be kept under normal business practicesrelated to the costs of this Agreement, and copies of such recordsshall be delivered to the other party upon requ-est and upon paymentof the costs of such copies.
ARTICLE VII
OPERATION AND I,IAINTENANCE RESPONSIBILTTIES
7.01 Continuous Service. Water and wastewater serviceshall be provided to Saddleback by the lrletro District in any mannerthat the Metro District deems appropriate in order to provj-decontinuous serVice to Saddleback subject to interruptions-beyondthe reasonable control of the Metro District
7,02 Negligence. The lletro District shall not be liablefor interruption of the operation of the Water and Wastewaterrmprovements, except for occurrences caused by its wilrful orwanton misconduct or gross negligence.
7.03 Operation in Accordance with Law. The MetroDistrict wilI operate and maintain the Water and WastewaterImprovements in accordance with this Agreement and all applicablelaws of the state of colorado. To ttre extent allowed-by law,Saddleback shall have no liability for the operation or maintLnanceof the l{ater or l{astewater fmprovements, except for the payment ofappropriate expenses to the Metro District pursuant to-aiticle Vhereof.
7 .04 Prohibited Constituents. The Metro District shall
lgt bq required to treat any wastewater containing any constituentlisted in Exhibit B nor any other constituent that *.y adversely
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affect the treatment capability of the Wastewater Improvements asdetermined by the Metro District. If it is determined by the MetroDistrict that a constituent or constituents are regularly presentthat would adversely affect the Wastewater Improvementsr o! theability of the }letro District to treat wastewater in accordancewith the terms of its discharge permit, Saddleback shall promptlyproceed to rectify such condition. Saddleback further agrees touse its best efforts to prevent all such discharges.
7.05 Independent Contractors. The Metro District shalIbe entitled to perform all acts which it deems necessary in orderto provide water and wastewater service to Saddleback and toperform the operation and maintenance functions contained in thisAgreement, incruding, without rimitation, the right to emproyoutside contractors when necessary to comprete any replirlreplacement, or maintenance, and the right to employ in oulsidecontractor to operate and maintain the Water and WastewaterImprovements.
7 ,06 Oualified Operators. The lletro District sha11 seethat qualified operators are available to operate and maintain theI^Iater and Wastewater Improvements who shall perform dutiesincluding, but not necessarily limited to:
(a) Operation of the facilities, including t,hereading of master flow meters.
(b) Cooperation with state, county, and federalauthorities in providing such tests as are necessary to maintaincompliance with appropriate governmental standards.
Trunk Lines. .(c) supervising connection of service Lines to
(d) Performing normal maintenance and normalrepairs necessary to continue the efficient operation of thesystems.
(e) Providing for emergency preparedness in orderto provide twenty-four hour response to Lmergencies such asinterruption of service because of rine breaksr- freeze-ups, orother mechanical problems.
7.07 Real and Personar property. The Metro Districtshall be entitled to purchase, lease, oi otherwise acquire anyinterest in aly real or personal property (including vehicleslradios, and other service equipmentl wnicn it deems n6cessary inorder to perform_ lhis Agreement, and the costs thereof *ui becharged to saddleback by the Metro District as provided inSection 5.01.
7.08 Line Maintenance Costs.
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a. Service Line Maintenance. The costs of
maintenance of aII Service Lines shall be the sole responsibility
of Saddleback or its customers. The Metro District shall have the
right, but not the obligation, to implement maintenance operations
foi Service Lines and may charge Saddleback for the costs of such
maintenance under Section 5.01 hereof. Saddleback moY, pursuant to
its Rules and Regulations, charge the cost of Service Line
maintenance to the affected customer or customers.
b. Other Lines and Facilities. The costs of
operation and maintenance of Lines, the Water and I{astewater
fmprovements, and "Facilities" as said term is defined in that
ceitain Facilities Purchase Agreement by and between Saddleback,
the Metro District, and Battlement Mesa Partners, are costs of this
Agreement which may be charged by the ltetro District to Saddleback
pursuant to Article V hereof.
7.09 Claims for Damage to Property. It is expressly
stipulated that no claim for damage shall be made or maintained by
Saddleback against the Metro District by reason of breakage of
Lines by lrletro District personnel; non- negligent interruption of
water or wastewater service and the conditions resulting therefrom;
failure of the water supply; shutting off or turning on water made
necessary for proper operation and maintenance functions; making of
connections or extensions to Lines; damage caused by running water
escaping from broken or defective Lines, broken Lines or other
facilities not owned by the lr[etro District; damage to water
heaters, boilers, or other appliances resulting from shutting water
off or for turning water on; damage to real or personal Propertydue to inadequate or sporadic Pressures not caused by negligent
operation and maintenance of the Water or Tlastewater Improvementsl
or for doing anything to the systems owned by the Metro District
deemed necessa*y by the lletro District, or its employee for proper
operation and maintenance of the Water and Wastewater fmprovements.
The Metro District shall nqtify Saddleback of the existence of any
of the foregoing condit,ions but shall have no responsibility for
notification to Customers of any of the foregoing conditions.
Such responsibility for not,ification to Customers shall lie solely
wlth Saddleback. Saddleback shall maintain proper insurance to
protect against losses suffered by Customers due to the existence
of any of the foregoing conditions. If permitted by Article XI
hereof, Saddleback shall be entitled to self-insure against such
Iogses.
ARTICLE VITI
CONNECTIONS TO AND USE OF
WASTEWATER AND T{ATER IMPROVEMENTS
8.01 Connections. with regard to the connection of
Service Lines to Lines, the parties agree as follows:
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(a) AII connections to Lines shall be installed in
accordance with Plans approved by the lletro District's engineer
based on reasonable Metro District standards which are compatible
wlth, and which will not damage, the Water and !{astewater
Improvements. Any and all costs of installation, review and
approval of designs, and inspection of connections to Lines shall
be the sole expense of Saddleback.
(b) To permit construction of aII Service Lines and
completion of all Taps in compliance with P1ans approved by the
ltetro District based upon reasonable standards at no expense to the
Itletro District.
(c) To hold the Dletro District harmless for payment
of any contractor, subcontractorr oE supplier Saddleback may use.
(d) To give the Uetro District reasonable
notification of the time Saddleback proposes to make or permit any
Taps to Lines in order to enable the lletro District to adequately
supervise and inspect the Taps.
8.02 tlritten Permits. Saddleback shall not uncover, use,
alter, disturb, or make any connection with, or oPening onto, use,
alter, disturb, or Tap to the Water or Wastewater Improvements or
tines without first obtaining a written permit from the Metro
District. Unauthorized uses of the Met,ro District systems include,
but are not limited to, any unauthorized TaP to any Lines, and
tampering with or in any h'ay modifying any meter.
8.03 Unauthorized Connections and Fee,s. Saddleback shall
not Tap to the Lines or enlarge or otherwise change the equipment,
service or use of property without first acquiring water and
wastewater Taps from the lletro District. Any such TaP,
enlargement, or change shall be deemed an unauthorized connection.
Upon discovery of any unauthorized connection, this Agreement shall
be subject to terminatlon by the Hetro District unless, at the sole
option of the Metro District, the difference between the then-
current Tap fee and Tap fees already paid is paid by Saddleback and
Saddleback also pays an unauthorized connection fee. The
unauthorized connection fee shall be in an amount equal to one
hundred fifty percent (150t) of the then-current TaP fee which
would be due from Saddleback. The Metro District shall send
written notice to Saddleback stating that an unauthorized
connection has been made. Saddleback shall then have ten (10) days
from the date of the notice to pay the then-current Tap fee and
unauthorized connection fee. If such fees are paid within the ten
(10) day period, the unauthorized connection fee may be waived by
the Metro District. fn the event such fees are not paid within theten (10) day period, and if the Metro District elects not to
terminate this Agreement, a notice of revocation of service shallt
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be sent to Saddleback by the Metro District and the TaP shall be
disconnected by the lletro District.
8.04 fnfiltration and fnflow. Saddleback shall limit the
infiltration and inftow to the tlastewater Improvements to standards
uniformly applied to aII nell construction throughout the
collection, distribution, and treatment systems of the Wastewater
Improvements. Such standards shall be those prescribed by the
Colorado lfater. Quality Control Commission or any other state or
federal agency having Jurisdiction. Saddleback agrees to use its
best efforts to ensure that aII Service Lines within the Property
which are connected directly or indirectly to the Wastewater
Improvements will meet such standards, and in the event they do
nol, Saddleback shall modify or otherwise repair said Service Lines
to meet such standards. The costs of such repair or modification
of such Service Lines shall be the sole responsibility of
Saddleback except, as otherwise agreed by the parties.
ARTICLE IX
EASEMENTS
9.01 Delivery Upon Request. Saddleback agrees to execute
and deliver, upon request by the l{etro Districtr ot to have
executed and delivered, permanent utilities easements which may be
necessary for the construction, oPeration and maintenance,
disconnectionr oE repair of all llater and Wastewater Improvemente
which are the subJect of this Agreement to the extent, Saddleback
can reasonably do io. If condemnation or other acquisition of such
easements is necessary by the ltetro District, Saddleback agrees to
cooperate with ltetro District and pay aII reasonable costs
associated therewith which are incurred by the Metro District in
good faith. Said permanent utilities easements, together: with
idequate access to the easements of adequate size and description
shall be delivered by bargain and sale deed to enable the Dletro
district to access, construct, operate, maintain, disconnect and
repair t,he Lines to the extent Saddleback can do so.
ARTICLE X
EFFLUENT
10.01 Ownership and Use. The ltetro District hereby
reserves alI water reuse and effluent rights with respect to water
and wastewater services provided to Saddleback under this
Agreement, including, without limitation, all rights to successive
use, reuse, and disposition of such water or wastewater as such
rights may be denied in C.R.S. Section 37-82-L06, as amended, and
in the case of Denver v. Fulton Irrigation Ditch Company, 506 P.2d
L44 (CoIo. 1973).
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ARTICLE XI
INSURANCE AND INDEI.INIFICATION
11.01 Insured Improvements. The Metro District shall be
responsible for seeing that the l{ater and Wastewater Improvements
are insured in amounts sufficient t,o repair and replace such
facilities in the event of substantial or total damage or
destruction of the Water and Wastewater Improvements.
11.02 Parties' Insurance. The parties hereto shall each,
during the term of this Agreement or any renewals or extension
hereof, maintain at their respective cost the following types of
insurance coverage with companies and in amounts acceptable to both
parties. The costs of such insurance coverage by the Metro
District shall be considered an operation and maintenance cost, of
this Agreement and shalI be allocated pursuant to Article V hereof.
(a) General Liability Coverage in the minimum
amount of $400r000/$150,000r or in the amount reflecting the
current level of governmental immunity provided by statute,
whichever is greater, protecting the parties and their officers,
directors, and employees against any loss, liability or exPense
whatsoever from personal inJury, death, property damage or
otherwise, arising from or in any. way connected with the
performance, management, administration and operation of this
Agreement, and also providing protection to the parties for any and
all contractual liability arising from the performance of, or
failure t,o perform this Agreement.
(b) Directors and officers liability (errors and
omlsslons) in the minimum amount of $500r000, protecting the
parties and their directors and officers, against any loss,
tiaUitity or d:(pense whatsoever arising from the actions and/or
inactions of the parties and their directors and officers in the
performance of its duties.
(c) Operations coverage designed to insure against
injury to the property of third parties or the persons of those
third parties caused by the operations by the parties in the
minimum amount of $4001000/51501000r oE in the amount reflecting
the current level of governmental immunity provided by statute,
whichever is greater.
L1.03 Employees' fnsurance.Each party will make
provision for workmen's compensation insurance, social security and
employment insurance and unemployment compensation for its own
employees performing this Agreement as required by any law of the
State of Colorado or the federal government and will, upon request,exhibit evidence thereof to the other party.
r 11.04 Certificates. llithin thirty (30) days of a writt.en
I request of a party, each party shall furnish to the other party
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certificates or memoranda of insurance showing compliance with the
foregoing requirements. Said certificates or memoranda of eachparty shall state that the policy or policies wiII not be canceledor altered without at least thirty (30) days prior written notice
to each party. Upon assignment of this Agreement, the assignee
hereof and the lletro District shall obtain appropriate certificatesof insurance which shal} show the other party as an additional
named insured.
ARTICLE XII
GOVERNMENTAL COI,IPLIANCE
L2.01 Compliance with Law. The parties agree to complywith all federal, state and local laws, rules and regulations which
are now, or in the future may become applicable to the parties, totheir business or operations, or to services required to beprovided by this Agreement.
L2.02 Taxes. Each party assumes responsibility foritself, and any of its employees, for payment of all federal, stateand locaI taxes or contributions imposed or required under
unemployment insurance, workmen' s compensation, social security and
income tax laws
12.03 Service Plan. If, at any time, it is determinedthat the Service Plan of the Metro District needs to be amended topermit performance by the Metro District of this Agreement, theMetro District shall proceed to do so in the most expeditious
manner possible, and shall bear the costs of such amendments.
, ARTICLE XIII
REPRESENTATTONS, WARRANTTES AND COVENANTS
13.01 lletro District Representations. In addition to theother representations, hrarranties and covenants made by the MetroDistrict herein, the Metro District makes the followingrepresentations, warranties and covenants to Saddleback:
(a) The I'letro District is the fee owner of theI{ater and Wastewater Improvements and owns a sufficient interest inthe water necessary to perform this Agreement and has titte to the
Water and Wastewater Improvements.
(b) The Metro District has the full right, power,
and authority to enter into, perform, and observe thls Agreement.
(c) Neither the execution of this Agreement, the
consummation of the transactions contemplated hereunder, nor thefulfillment of or the compliance with the terms and conditions ofthis Agreement by the Metro District will conflict with or result
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in a breach of any terms, conditionsr or provisions of, orconstitute a default underr or result in the imposition of anyprohibited lien, charger or encumbrances of any nature under any
agreement, instrument, indenture, or any judgment, order, or decreeto which the Metro District is a party or by which the MetroDistrict or its property are bound.
13.02 Representations. In addition to the otherrepresentations, warranties, and covenants made by Saddlebackherein, Saddleback makes the following representations, warranties
and covenants to the Metro District that:
(a) Saddleback is duly authorized under theconstitution and laws of the State of Colorado to execute this
Agreement and perform is obligations hereunder, and all action onits part for the execution and delivery of this Agreement has beenor will be duly and effectively taken.
(b) Neither the execution of this Agreement, the
consummation of the transactions contemplated hereunder, nor thefulfillment of or the compliance with the terms and conditions ofthe Agreement by Saddleback will conflict with or result in a
breach of any terms, conditionsr or provisions ofr or constitute adefault under, or result in the imposition of any prohibited lien,charger oE encumbrance of any nature underr any agreement,instruction, indenture, resolution, or any judgirnent, orderr ordecree of any court to which Saddleback is a party or by which
Saddleback is bound.
13.03 fnstruments of Further Assurance. The parties each
covenant that they will do, execute, acknowledge, and deliver or
cause to be done, executed, acknowledged, and delivered, such acts,instruments, and transfers as may reasonably be required for the
performance of their obligations hereunder.
ARTICLE XIVogrduLr, Rrurotgs aNo eHroRcer.tgNr
14.01 Events of Default. fn addition to breaches ofprovisions or conditions found elsewhere in this Agreement theviolation of which shalI constitute Events of Default, theoccurrence of any one or more of the following events or theexistence of any one or more of the following conditions shall alsoconstitute an Event of Default by either party under this
Agreement:
(a) a failure of Saddleback to pay any Tap fees orother fees or charges required by this Agreement when the sameshall become due and payable as provided herein unless such failureis cured within the time period provided in Articre V hereof;
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(b) a failure of the Metro District or Saddlebackto perform or observe any other of the covenants, agreements orconditions in this Agreement unless such failure is cured withinten- (10)-days of receipt from the non-breaching party of notice ofsuch failure;
(.) the dissolution, insolvency, or liquidation ofthe Metro District or Saddleback.
L4.02 Rights and Remedies.event of Default,Upon the occurrence of an
(-1) Ttrg lletro District shall have rhe followingrights and remedies which may be pursued onry upon ten (10) dayiwritten notice delivered pursuant to section f Z.be hereoi aira tirefailure of Saddleback to cure such Event of Default within such ten(f0) day period:
I (i) To shut off or discontinue water andI wastewater service in """o=dr,l.'-- "lr law; and
(ii) i" foreclose any and all liens in themanner specified by law.
(b) Saddleback and the I1t, *.' District shall havet,he right, upon ten (10) days written notice <re;i,.-ered pursuant toSection 17.05 hereof:
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J;'":?:ffi: :lo" ;::?'.i'n::: ::.111l' : "" lfl :;shall deem - aPPropriate, including wittrout limitaf,ion ani'proceedings for- tle specific perfo-rmance of any covenant oiagreement contained herein, for the enforcement- of any other
lPProPriate legal -or equitable remedy, or for the reco-very ofdamages -caused !y breach of this Agreement, including attornLys'fees and all other costs and expenses incurred in eniorclng tlris
._-_Agreement; and
herein; and
(ii) To terminate this Agreement as provided
acrions as they ,".=ii:iir*:":;*;"::"::I;: t" be taken such other
14.03 Costs. -Any sums advanced or expenses incurred by
!he- p|-tties in connection with the remedies iet forth herein',including attorneys' fees, sharl become due and payable bt th;defaulting - party irunediately upon termination i,r- any a-ctionmaintained by any party, without nbtice, and shall bear interest atthe maximum interest iate allowed by tiw.
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14.04 Delay or Omission. No delay or omission of eitherparty to exercise any right or power arising to the parties based
upon any Event of Default shall exhaust or impair any such right or
Power and shall not be construed a waiver of any such event ofDefaultr or acquiescence therein.
14.05 I{aivers. No waiver by either party of any Event ofDefault hereunder shall extend to or affect any subSequent or anyother then-existing Event of Default and stratt not impair anirLghts or remedies consequent thereon. A1] rights and remedies ofthe parties shall be cumurative, may be exercised separately,concurrently, or repeatedly, and the exercise of any such right orremedy shall not affect or impair the exercise of any other rightor remedy.
14.05 Unimpaired Rights. No recovery of any Judgment bythe parties shall in anthe parties sharr in any manner or to any extent affect any rights,porrersr oE remedies of the parties hereunder, but such rights,I
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IPowers, and remedies of the parties shall continue unimpaired asbefore
14.07 Discontinued Proceedings. fn case either partyshall have proceeded to enforce any right under this Agreemenl andsuch proceedings shall have been discontinued or abandoned for anyreason, or shall have been determineda4versely to either party, then and in everyshall be restored to their former positions such case the parties
and rights hereunder,parties shall continueand aII rights, remedies, and powers of theas if no such proceedings had been taken.
ARTICLE XV. RELATIONSHIP OF PARTIES
15.01 No Liability. This Agreement does not and shallnot be construed as creating a relationship of Joint ventures,partners, or employer/employee between Saddlebacli and the }tetroDistrict. Neither Saddleback nor the Metro District shall beliabre for obligations incurred by the other party, and neitherSaddleback nor the Metro District shall have the power to charge tothe credit of the other party any obligations incurred inperforming this Agreement.
15.02 Independent Contractors. The parties intend thatthis Agreement be interpreted as creating an ind-ependent contractorrelationship. Pursuant to that intent, it iJ agreed that theconduct and control of the work required by this Agreement shalllie solely with the Metro District which stritt be free to exercisereasonable discretion in theperformance of its duties under this Agreement. Neither party
f shall, with respect to any activity, b6 considered an agent oiI employee of the other party.
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* o* r * i"ll*'rt lt J"'*'r r r r *,
15.01 Freedom of Contract. This Agreement shall not be
considered exclusive. Saddleback may use other contractors,
consultants, or service providing entities in addition to the }letro
District in order to accomplish its purposes and obJectives. Both
parties shall be free to contract for similar services to be
performed by or for other Persons while each is obligated to
perform this Agreement, so long as such other contracts or service
do not interfere with the timely attendance to, and the completion
of, the obligations contained in this Agreement, and do not permit
cross connections withr oE cause damage to, the Water and
I{astewater Improvements.
ARTICLE XVII
T,IISCELLANEOUS PROVISIONS
17.01 Effective Date. Upon the execution by both parties
hereof, this agreement shall be in full force and effect and be
tegally binding upon each party effective as of the first day of
April, 1989. Saddleback shall be billed for aII service provided
to Saddleback from and after the effective date set forth in this
Section 17.01. Each party agrees to execute, aPProve, and adopt
any and all instruments, documents, and resolutions necessary to
effectuate the covenants, terms, conditions, and provisions
contained herein.
17,02 Time of the Essence. Time is of the essence
hereof. If the last day permitted or the date otherwise determined
for the perfortnance of any act required
Agreement falls on a Saturday, Sunday or
for performance shall be extended to the
day.
17.03 Parties Interested Herein. Nothing expressed or
implied in this Agreement is intended or shall be construed to
confer upon, or to give to, any Person other than the Metro
District and Saddleback, any right, remedy t ot claim under or by
reason of this Agreement or any covenants, terms, conditionsr or
provisions hereof, and all the covenants, terms, conditions, and
provisions in this Agreement by and on behalf of the Metro District
and Saddleback shall be for the sole and exclusive benefit of the
Metro District and Saddleback. The covenants, terms, conditions,
and provisions contained herein and all amendments of the Agreement
shall inure to and be binding upon the permitted successors and
assigns of the parties hereto
17.04 Assignment.parties only with the prior
or permitted under thislegal holiday, the time
next succeeding business
This Agreement may be assigned by the
mutual written consent of the parties
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which sha1l not be unreasonably withheld by the ltletro Districtunless (a) Saddleback fails to give the Metro District thirty (30)days written notice of a proposed assignment, or (b) the MetroDistrict gives Saddleback reasons for denial of the MetroDist,rict's consent to such proposed assignment within ten (10) daysof receipt of notice of a proposed assignment by Saddleback.
17.05 Impairment of Credit. None of the obligations of
Saddleback or the lletro District hereunder shall impair the creditof the other party.
17.06 Notices. Except as otherwise provided herein, allnotices or Pa)rments required to be given under this Agreement shallbe in writing and shall be hand delivered orsent by certified mail, return receipt requested, to the following
addresses:
lletro District:
Battlement Mesa Metropolitan Districtc/o Battlement !!esa Pirtners
073-G Sipprelle Drive
Battl-ement Mesa, Colorado 81535
Saddleback:
Saddleback Metropolitan Districtc/o Battlement ltesa Inc.
073-G Sipprelle Drive
Battlement Mesa, Colorado 81535
In Elther Event, Copy to:
CalkLns, Kramer, Grimshaw & Harring
One United Bank Center
1700 Lincoln Street, Suite 3800
I Denver, Colorado 80203Attnc Matthew R. Dalton
AIl notices will be deemed effective upon hand delivery or three(3) days after mailing by registered or certified mail, properly
addressed and postage prepaid. Either party, by written notice,
may change the address to which notices shall be sent.
L7.07 Severability. If any covenant, term, condition, orprovisions under this Agreement sharr, for any reason, be held tobe invalid or unenforceable, the invalidity or unenforceability ofsuch covenant, term, condition, or provision sharr not affect anyother provision contained herein, the intention being that suchprovisions are severable.
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17. 08 Amendment. No amendment, modificationr oE
alteration of the terms or provisions hereof shall be binding
upon the Metro District or Saddleback unless the same is made in
wilting and is duty executed by the parties hereto
17.09 Entlrety. This Agreement constitutes the entire
agreement between the parties hereto concerning th-e subJect matter
hereof, and aII prior negotiations, rePresentations, contracts,
undersiandlngs, oi agreements pertainLng to such matters are merged
into and superseded by the Agreement.
17.10 Governing Law. This Agreement shall be governed
and construed ln accordance with the laws of the State of Colorado.
17.11 Recovery of Costs. rn the event of any litigation
between the parties hereto concerning the subJect matter hereof,
the prevailihg party in such Iitigation shalI be entitled to
receive from tfre tosing party, in addition to the amount of anl
Judgment or other award entered therein, all reasonable costs and
6xpenses incurred by the prevailing party in such litigation.
IN I{ITNESS WHEREOr, the Metro District, and Saddleback
have executed this Agreement as of the day and year first above
written.
Saddleback:
SADDLEBACK METROPOLITAN DISTRTCT,
a quasi-municipal corporation and
political subdivision of the
State of Colorado
ATTEST:
sy, il;r'-L-U&u-President
-/ .'
S6cretary
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Metro District:
BATTLEI-IENT MESA I'IETROPOLITAN
DISTRICT, a guasl-municipal
corporation and political
subdivision of the State of
Colorado
By:
J,caATTEST:
STATE OF t
COUNTY OT
coLoRADO )) ss.
6Ar\rr E'-D )
The foregoing instrumentI rrls -vasYvrar), r.rs e! s
_-td.y of \gSgr!3E.\.r |990,)]_'- day of \eggf3-f-.r.r |99(Plesident and LE-r^\r.s (. rler-
Saddleback Metropolitan District.
acknowledoed before mel,\.--.".n{ w\- t^Ir-ue,
as Secretary of
vras
by
this
as
I{itness my hand and official seal.
lIy iommission expires , 3l-'-,1q4
22
-/ZS6cretary
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STATE OT COLORADO
COUNTY OF 6,o\r-:FEr-t,
)) ss.
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>-t Tf, dav+Pdesident,
Battlement
The foregoing instrument was
of ,. lgg0,
+-\o.-xe,<--
acknowledged before'me thl-s
by g^*-L L.n1+^:,-< as V,<e
as - Secretary, of
I{ilness my hand and official seal.
My commission expires ' alaalq4
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an
Mesa Me
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EXHIBIIT A
PROPERTY TO BE SERVED
The followlng propertles wlthln the Battlement Mesa P.U.D. are to
be served in accordance with the terms and conditions of this
Agreement:
o Parcel 3-1
o Parcel 3-3
o Parcel 3-10
o Parcel 5-1
" Saddleback Village Filing No. 1
o Tamarisk Subdivision Filing No. 1, Parcel C
o Tamarisk Subdivision Filing No. 2
" Willow Creek Village Section No. 2
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EXHIBIT B
PROHIBITED CONSTITUENTS
(A) Pollutants which create a fire or explosion hazard in the
facility.
(B) pollutants which will cause corrosive structural damage to_thew facility, but in no case discharges with pH_lower than 5.0,
unless -tire facility is specificatty designed to accommodate
such discharges.
(c) solid or viscous pollutants in amounts which will cause\-'
"f=ii""tion to the ilow in sewers, or other interference with
the operation of the facilitY.
(D) Any pollutant, including oxygen demanding pollutants (BOD,\-' ga;.i releasea in a discharge 9_t-such volume or strength as to
caus6 interference in the facility.
(E) Heat in amounts which will inhibit biologlcal activity in ther-' facility iesulting in interference, but in no case heat in
such quintities thi^t the temperature at the treatment facility
influent exceed 40'C (104'Fj unless the facility is designed
to accommodate such heat.
(F) Any substance prohibited by 1., or which requires treatment
otier than thaf provided Uy tne Dletro District as of the date
hereof.
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EXHIBIT IIF'II
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CERTIFIED RECORD
of proceedlngs of
the Board of Dlrectors of
BATTLEHENT MESA WATER A}ID SA}ITTATION DISTRICT
GARFIELD COUNTY. COIPRADO
relatlng to a resolutionauthorizing amendment of a resolution
authorizlng the lssuance of lts
GENERAL OBLIGATION NOTE
SERIES 1986A
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STATE OF COIORADO
COUNTY OF GARFIELD
BATTLEUENT MESA WATER A}ID
SNIITATION DISTRICT
ss.
The Board of Directors of Battlenent lilesa Water and Sanita-
. tion District, Garfield County, Colorado, net in a public session
, 1989, in the Conference room,073-G
a. m.Sipprelle Drive, Parachute, Colorado, nt the hour of ,o:go
The neeting was called to order by the President.
on ro11 call the following menhers of the Board of Directors
of the District, constituting a quorum, were present:
Director
Rlchard A. Stonger
williarn w. wilde
ffi
George I{. Connell
The following Directors were
Robert A. Foster
J^.,. L. l'taze lt-..t1
TitIe
President
Vice President / r..o-t'*-r Src'rrlG^',
absent (absence excused) :
Secretaryr/Treasurer
The meeting was duly called to order.
The Chairman reguested that each of the Directors disclose
to the Board of Dlrectors aII potential conflicts of interest
which any of the Dlrectors night have concerning items on the
agenda for the neetlng, whereupon statenents of potential con-
flicts were dlsclosed as set forth in Exhibit rrArr attached hereto
and as set forth in the ninutes of the meeting.
Upon approprlate notion and voice vote as set forth in the
rnlnutel of the meeting, the Board of Directors appointed william
W. Wllde as Asslstant Secretary nith authority to execute on
behalf of the Dlstrlct all documents relating to a resolution
authorizlng amendnents of the Districtts General obligation Note,
Series 1986A.
Thereupon Dlrector C. 'r^c I I introduced and moved
the adoption of the following Anended and Restated Resolution:
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N{ENDED A}TD RESTATED RESOLUTION
AIi{ENDED A}{D RESTATED RESOLUTION OF THE BOARD
OF DIRE TORS OF BATTLEHENT MESA WATER AND
SAI.IITATION DISTRI T AUTHORIZING AND DIRECTING
THE EXECTTJTTON, RE-ISSUANCE, SAT.E AlrD DELTVERY
OF ''BATTLEI,IENT I{ESA WATER AI.ID SANITATION
DISTRICT GENERAL OBLIGATION NOTE, SERIES
1986A, r FOR THE PLJRPOSE OF DEFRAYTNG THE
cosTs oF ACQUTRING, CONSTRUCTING, RECON-
STRUCTTNG, TNSTALLING, COMPLETING, IHPROVING
A}ID OTHERWISE PROVIDING CERTAIN WATER AND
SEWER FACILITIES AND REI,ATED INCIDENTAI"S AND
APPURTENANCES, PROVIDING THE DATE, FORH AND
NT,I,IBER OF SAID NOTE' PROVIDING POR A LEVY OF
AD VAI'REU TAXES UPON ALL TAXABLE PROPERTY
WITHIN THE DISTRICT SUFFICIENT TO PAY SUCH
NOTE, CREATING CERTAIN FUNDS REI,ATED THERETO,
PROVIDING FOR THE REGISTRATION OF SAID NOTE,
RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN,
REPEALING ANY ACTION HERETOFORE TAKEN IN
CONFLICT HEREWITH; AND PROVIDING OTHER
MATTERS PROPERLY REI"ATING THERETO
WHEREAS, pursuant to an authorizing Resolution (the "origi-nal Resolutiont') of the Board of Directors of the District (the
'rBoardrr) dated July 1, 1,985, the Board authorized the issuance of
its gatllernent t{esi Water and Sanitation District General obliga-
tion Note, Series 1985A (the roriginal Noterr), which Note was
purchased by Battlement l.lesa, Inc. , a Delaware Corporation
("BMItt) i and
WHEREAS, the District desires to amend the original
Resolution and the Original Note in accordance with the nutual
agreenent of the District and BHI, and BHI has consented to such
amendment; and
WHEREAS, pursuant to the Original Resolution, the Original
Board deened lt necessary and expedient to borrow funds to meet
and defray the cost of acguiring, constructing, reconstructing,
installing, conpleting and othervise providing a public water
supply and dlstribution systenr or a portion thereof (as more
fully- described herein, the rrl{ater Facilitiesrr) and a public
storm and sanitary sewer systernr or a portion thereof (as more
fully described herein, the |tsewer Facitities"); and
WHEREAS, at a special election of the qualified electors of
the District, duly called and held on Tuesday, the 6th day of May
1986 (the rrElectlon'r), in accordance with law and pursuant to due
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notlce (the rrElectionr'), a uaJority of the qualified electors ofthe Distrlct voting at sald EIectlon authorized the Board tolssue, anong other evidences of lndebtedness, general obligatlonnotes of the District ln thc aggregate princlpal amount of
S1,733 , 000 (the rrWater Facilltles Debt Authorizationrr) f or thepurpose of providlng a publlc water supply and distributlon sys-ten for flre and donestic purpoa€s, includlng drainage and otherfacilltles, dlstrlbutlon and trananisslon rnaLns, Iaterals, andother water lines, and together ulth all necessary land and ease-Eent and lncidental and appurtenant propertles, facilltles,equlpnent and costs, includlng facllities and eguipment for theoperation and maintenance of the foregoing (the rrWater Facili-tles!t); and
WHEREAS, the ballot question placed before said qualifiedelectors and so approved by theru relating to the issuance of such
notes was as follows:
rrshall Battlenent l,lesa Water and SanitationDlstrict, Garfleld County, Colorado, be auth-orlzed to incur lndebtedness in an aggregateprinclpal aroount not to exceed $1rZl3rO00 and
evidence the sane by the issuance of notes,long-term leases andr/or certificates of par-tlcipatlon therein, and/or contracts, fromtine to time, for the purpose of defraying,in whole or in part, the cost of acquiring,constructing, reconstructing, installing,completing, inproving and otherrrise providinga public water supply and distribution systemfor fire and donestic purposes, including
drainage and other facilitles, distribution
and transmisslon malns, latera1s, and otherwater llnes, and together with aII necessary
land and easeuents and incidental and appur-
tenant propertles, facilities, eqripment andcosts, lncluding facilitles and equipment forthe operatlon and naLntenance of the fore-going, for the Distrlct and the inhabitantsthereof; and any such indebtedness to bear
Lnterest at a net effective interest rate notto exceed eighteen percent (18t) per annumito be payable fron annual, general ad valorerntax levles upon all taxable property withinthe District, without llnitation as to rateor anounti and othervlse to be on such terms,
covenants and condltlons as the Board of
Dlrectors of the Dlstrict shall determine?r'i
and
WHEREAS, a majority of the qualified electors of theDistrict votlng at said Election authorized the Board to issue,
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anong other evLdences of indebtedness, general obllgation notesof the Dietrlct ln the aggregate prlnclpal anount of 92,267,000(the rrsewer Faclllties Debt Authorizationrr) for the purpose of
provldlng a publlc stotm and sanltary sewer systen, wlth collec-
Llon llnes, nalns, outfall linee, flood and surface drainage, and
dlsposal systen and facillties, together wlth aII necessary lald
and- easeroents and lncidental and appurtenant properties, faclll-
ties, penal.ts, equlpnent and costs, lncludlng facllitles and
equipnent for the operatlon and ualntenance of the foregoing (the
ttsewer Facllltlestt) ; and
wHEREAS, the ballot guestlon placed before said guallfled
electors and so approved by then relatlng to the Lssuance of such
notes was as follows:
[Shall Battlenent MeEa Water and SanitatlonDlstrict, Garfleld county, b€ authorized to
lncur indebtedness ln an aggregate prlnclpal
anount not to exceed $2,zilr0o0 and evidencethe sane by the issuance of notes, Iong-tetm
IeaseE and,/or certlflcates of particlpatlon
therein, and/ot contracts, from tine to tlne,for the purpose of defraylng, ln whole or lnpart, the cost of acqulrlng, constrtrcting,reconstructing, instal l lng, colnPleting,lnproving and otherrrise providlng a publlc
storm and sanitary sewer systen, with co1lec-
tion lines, mains, outfall 1lnes, flood and
surface drainage, and disposal systen and
facilitles, together with all necessary land
and easements and incidental and appurtenantpropertLes, facllities, permits, equipnent
lnd- costs, includlng facllities and equipurent
for the operation and rnaintenance of the
foregolng, for the Dlstrict and the inhabi-
tants thereofi any such indebtedness to bear
interest at a net effectlve interest rate not
to exceed elghteen percent (18t) per annumi
to be payable fron annual, general ad valorem
tax tevlts upon all taxable property within
the Dlstrict, without llnitation as to rate
or anounti and otherwlse to be on such tetms,
covenants and conditlons as the Board of
Dlrectors of the District shall determine?rr i
and
WHEREAS, pursuant to the Original Resolution, the Board
stated that ls -was deslrous of undertaking the acquisition, con-
structLon, reconstruction, installatlon, completion andr/or
lnprovenent of Water Facllities and Sewer Facilitles (collec-
tively, the ItFaclllties'r); and
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WHEREAST EtB a result of thc deelres of the Dlstrict and BllI,tt ls neceaear? to anend the orlglnal Resolutlon and the orlglnal
Note and to re-r.ssue the Note uhich Lssuance is not to constltute
new lndebtednesE or a refundlng of the orlglnal Note; and
WHEREAS, the Board deems tt necessal-y and desires at thistlne that the Dlstrlct shaIl re-lssue lts general obllgation noteto be deslgnated nBattlenent l{eaa Water and Sanitatlon DlstrlctGeneral Obllgatlon Note, Serlcc 1986Att (the rrNoterr) , ln accor-
dance wlth the provislonB of the aforenentl.oned Speclal DistrlctAct, lt belng hereln determlned that the issuance of the Note ls
necessary ln order that the Dletrlct nay defray, ln part, the
costs of acgtrlsltlon, consttrttctlon, reconstnrctlon, lnstallatlon,conpletlon andr/or inproveroent of the Facllltles.
NOW, THEREFORE, BE IT RESOL\rED BY THE BOARD OF DIRECTORS OP
BATTLEMENT MESA WATER A}TD SNIITATION DISTRICT, GARFIELD COUNTY,
COIPRADO, ds follows:
Sectlon 1. Substltutlon of Oriqinal Resolutlon. Pursuantto an agreenent between the Dlstrlct and Bl{I, the Dlstrlct hereby
repeals the Orlglnal Resolutlon and cancels the Orlglnal Note asof the date of this Resolution. Thls Resolutlon sha1l completely
anend, restate and replace the Orlglnal Resolutlon ln its entlre-ty which shall thereafter be of no force or effect. The Note
lssued in accordance herewlth shall restate, amend and replacethe Orlginal Notei shall constitute a re-Lssuance thereofi andshall constltute the same debt as the Original Note and not a
refunding or refinancing thereof.
Section 2. NecesEity for fssuance of Note. The Board has
deter:nined, and does hereby determine, that it is in the bestinterests of the District and its inhabitants to issue the Note
as provided hereln to obtain funds for the purpose of defraying
the costs of acErlsltlon, constructlon, reconstructlon, installa-tion, conpletlon and,/or lnprovement of the Facilities.
L Section 3. Definitions. As used herein, the following
words and phrases shall have the following meanings:
ItAdJusted Note Ml11 Levyrr means that ni11 levy assessed
which is calculated for each Certiflcation Year as equal to theFlve City Average Total l,tlll Levy ninus the Net District l{ill
Levy.
trAnnua1 Installnentrr neans, with respect to
Payment Date, the lesser of (A) the Scheduled
appllcable to such Paynent Date or (B) the Total
Outstandlng as of such Palment Date.
rAnnual Interestrr means, with respect to
Payment Date, ten percent (10t) multiplied by the
4
any particular
Annual Payment
Accrued Amount
any particular
then applicable
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outstandlng Princlpal
xCertlflcation Yearrr neana each calendar year ln which a,il, mill levy ls to be certified by the Dletrict to the Garfield\./ county Board of County connlssloners.
trCollectlon Yearrr neans the calendar year next following any
/1\ Certiflcatlon Year, during whlch the Dlstrlct shall be entltled
'. I ) to collect and recelve the ad valorern property tax revenues\/ generated by the certlflcation of the appropriate m111 levy in
such Certification Year.
At
,j, rFive clty Average Total l'1111 Levyu Eeans:
(1) the flgure calculated by dlvldlng:
(A) the suro of the total ulll levles certified in
the Certificatlon Year on and against all taxable
property wlthln the folloulng rnunlcipal jurlsdlc-
Ltons ldentlfied by the following tax dlstrict
codes (as anended fron tlne to tlne) as the sane
appear on the abstract of assessment prepared by
the County of Garfle1d, Colorado: the Town of
Parachute, Colorado (tax dlstrict code 049); the
ctty of Rifle, Colorado (tax dlstrict code 036),
the Town of sllt, Colorado (tax district code
035); the Town of New Castle, Colorado (tax
district code 038); and the clty of Glenwood
Springs, Colorado (the numeric average of tax
district codes 031, O52, 053, 054 and 055), by
(B) five (s).
rrNet Amount Duerr neans the aggregate of Scheduled Annual
Palments calculated hereunder conmenclng Septernber 30, 1987, and
coirtlnuing ever? Septenber 30 thereafter through and includlng
Septenber 30, 2006.
trNet Dlstrlct M111 Levyrr treans the sum of all ruill levLes
certlfled ln the Certtflcatlbn Year by any and all other special
dlstrlcts organlzed and operating under and by virtue of Title
32, Colorado Revlsed Statutes, os amended, other than the
Districtr oD and against all taxable property within the boun-
daries of the District (tax district code O77, as amended fron
tlne to tlne).
rrOutstandlng Prlncipal't neans, wlth respect to any partlcu-
lar Palment Date, (a) 92,1Oa,045.50 (the |tprlncipal"), reduced by
(b) all amounts paid prevlous to such Palment Date under the Note
and credlted to and applled against such principal pursuant to
Sectlon 4 (b) hereof.
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rrPaynent Daterr means every Septenber 30, as more fully
described ln Sectlon 4(b) hereof.
rrRrrchase Agreenentrr meani and refers to that certain FaclI-ities Purchase Agreement by and between the Dlstrict and Battle-
nent llesa, Inc., a Delaware corporation.
ttScheduled Annual Payuentrr neans, with respect to any Par-ticular Palment Date, the ad valoren property tax revenue that
would be derived in each Collectlon Year in which falls the Pay-
nent Date to which the Scheduled Annual Paynent relates, Els would
be collected by the District f,rou the certiflcation of a mill
levy in the Certiflcation Year ln an anount equal to the Adjusted
Note I'lill Levy.
rrTotal Accrued Amount Outstandlngt' rueanE, with respect to
any particular Palment Date, the sum of (A) the Annual Interest
appllcable to such Palment Date, plus (B) the Outstanding Prin-cipal as of such Payment Date.
Section 4.Issuance of Note; Description.
a. Issuance of Note. In order to provide funds for
the purposes hereinabove set forth, the District shall execute,
issue and deliver its general obligation note, designatedrrBattlement l,[esa Water and Sanitation District General Obligation
Note, Series 1986Arrr to be effective as of JuIy L,1985, consist-
ing of a slngle note nunbered 1986-1.
b. Amounts Pavable Under Note; Allocations to Prln-
cipal and Interest.
i. Annual fnstallments. The Note shall be Pay-able in annual installurents, each in the amount of the Annual
Installnent, and each to be due and payable on September 30 of
each Collection Year to which such Annual Installment relates
(each, a trPayrnent Daterr) connencing September 30, 1987, and con-
tinuing every Septenber 3O thereafter through and including
September 30, 2006, until the Note is deemed fully paid and dis-
charged pursuant to Sectlon 4(b) (ilt) hereof.
li.. In the
event that the Annual Interest appllcable to any particular Pay-
nent Date equals or exceeds the Annual Instalhnent due and pay-
able under the Note on such Palment Date, the entire amount of
such Annual fnstallment shaIl be allocated to and applied as
interest on the Note; and, in such event, the District shall have
no further obllgation with respect to any such Annual Interest
excess.
In the event that the Annua1 Installnent due and payable
under the Note on any partlcular Payment Date exceeds the Annual
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fnterest appllcable to euch Paynent Date, such excallocated to and applled aE prlnclpal on the Note;
such excess shall beand, to theextent of euch excess, the outstandlng Prlncipal of the Noteshall be Drc tanto reduced.
111. Dlscharge and Termlnatlon of Obllqatlons.
The Note shall be considered fully pald and the Dlstrict shall beforever discharged frorn any further obligatlons under the Noteupon the earliest to occur of the following events: (1) the
Outstandlng Prlncipal of the Note has been reduced to zero (0);or (21 the Net Anount Due hae been pald ln full, notwithstandlngthat the Outstandlng Principal of the Note has not then been
reduced to zeto (0).
iv. No Defau1t. The Note shall not be conslderedln default if the Dlstrictts fallure to neet any paynent thereonls due solely to the fact that the District has not yet collected
any of the ad valoren property tax revenues fron which such pay-
ments are to be mader ds a consequence of the dellnguency lnpa)tnent to the District thereof, in which event such revenuesshall be paid by the District by check nailed by first class uailto the registered owner of the Note irnnrediately upon receipt bythe District of such revenues, €ts the same shall appear on the
Note Register (as defined herein) and at the address appearlngthereon aE of the close of busLness on the business day next
irnnediately preceding the Palment Date to which such revenues
would have been applied if tinely collected.
c. Payment. Payments on the Note sha1l be made to theregistered owner or owners thereof in lawful noney of the Unlted
States of America, without deduction for exchange or collection
charges, by check nailed by first class rnail to the person in
whose name the Note ls registered on the Note Register (as
deflned herein) and at the address appearing thereon at the closeof buslnese on the business day next preceding the date esta-blished for the paynent of such amounts.
d. Authority. The Note shall be lssued pursuant to
Colorado Revised Statutes 532-1-101 to -1307r ds amended.
e. Fullv Registered. The Note shall be issued in
accordance wlth Colorado Revlsed Statutes S11-57-101 to -105r ds
amended, wLthout coupons in fully registered form as to bothprincipal and lnterest.
f. Redemotion. The Note shall be subject to redemp-tlon or prepaynent ln whole or in part at the option of theDlstrict on october 1 of each year durlng whlch the Note is out-standlng, ulthout prenlun or penalty, upon palment of the out-
standlng Prlncipal due thereon or any part thereof plus interestto the date of redenptlon on the prlncipal arnount so redeened.
Any such prepalment shall be nade by check nalled by first class
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DalI to the reglstered owner of the Note as shalr appear in theRegletratlon Book (as defined hereln) and at the addiess appear-lng thgreon at the close of buslness on the buslness d.i-nextprecedl.ng such paynent.
g. Authentlcatlon. No Note lssued hereunder shall bevalld or obllgatory for any purpose or entltred to any securltyor beneflt under thls Resolutlon unless and untll a certiflcatlof authentlcatlon on such Note shall have been duly executed bythe Note Reglstrar (as hereln deflned), and such executed certlf-icate of the Note Registrar upon any Note shall be conclusiveevldence that such Note has been authentlcated and dellveredunder thie Resolution. The Note Reglstrarrs certiflcate ofauthentlcatlon on any Note shall be deeued to have been executedby lt tf signed by an authorlzed offleer of the Note Reglstrar,but it shall not be necessary that the saDe offlcer exeCute thecertiflcate of authentication on aIl of the Notes.
h. Note Fort. The Note shall be in substantially theform attached hereto as Exhiblt rB. r
(' t. Substitution of oricrinal Note. The original Note/ lssued pursuant to the original Resolution shall be delivered byby
BMI to the Dlstrict and cancelled ln exchange for the lssuance ofthe Note aE descrlbed hereln.
J. Execution and Dellvery. Upon receipt of the origi-
na1 Note and cancellation pursuant to subsection 4.(1) above, theNote shall be executed in the name and on behalf of the Dlstrictwith the nanual sLgnature of the Presiaent of the District, shallbear an lnpression of the seal of the Dlstrict, and shall beattested by nanual slgnature of the Secretary of the District.Sald Note, when executed as provided herein, sha1l be deliveredto Battlenent llesa, Inc., a Delaware corporatlon (ther'Purchasertr), for the purposes stated hereln. Neither the pur-
chaser of said Note nor any registered ouner thereof shall be inany uay responslble for the appllcation of the'proceeds of saidNote by the Dlstrlct or any of lts officers. Should any offlcer
whose manual slgnature appearE on said Note cease to be suchofficer before deIlvery of the Note to the Purchaser, such uanualsignature shall nevertheless be valid and sufficient for allpurposes.
Sectlon 5. Reoistration.
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a. Fullv Reqlstered. The Note shallfully registered form pursuant to Colorado Revised
57-101 to -105r ds anended.
b. Desi<rnation of Note Reoistrar. Thenalntain or cause to be nalntalned an office wherebe regLstered. The Dlstrlct ls hereby appointed
be issued lnStatutes S11-
Dlstrict shallthe Note shallas noEe regi-
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strar (the rrNote RegJ.strar'i) hereunder, and the President andthe Treaaurer of the District are hereby authorlzed to act onbehalf of the Dlstrlct in carrylng out the dutles of Note Regl-strar hereunder. The Dlstrlct nay from tfune to tine deslgnateone or more other officee or agencles for such purposes and Dayfron tlne to tlne resclnd such deslgnations.
'c. Note Reqister. The Note Reglstrar shall naintaln areglster for the registratlon, tranefer and exchange of Notes asprovided hereln (the trNote Reglstertr).
,/ d. Transfer; .Exchancre. The Note, and any other Note
f dellvered hereunder, shall be transferable and exchangeable ln
I accordance wlth lts terme. No reglstratlon or transfer of any( Xote ehall be effective untll entered on the Note Register. The
\ Olstrict shall be and ls hereby authorlzed to authentlcate and
I dellver exchange Notes in accordance with the provislons of thls
i section 5(d). Each Note delivered in accordance with this'. I Sectlon 5(d) shall constitute an orlglnal addltlonal contractual
;Y / obllgatlon of the Dlstrict and shall be entitled to the beneflts
;.'7 ( and securlty of this Resolutlon to the sane extent as the Note in,' \ lleu of which such Note is dellvered. The Note shall not be] transferred, exchanged, sold or hypothecated except to Battlenent/ uesa Partners, a colorado gene-ial partnership, wlthout full. dlsclosure to potentlal purchasers by means of an official state-i uent. Upon request of the registered owner, and at thereglstered ortnerrs sole cost and expense, the Dlstrict shaII
' provide such lnfornatlon, access to records, and other coopera-tlon as the reglstered owner nay reasonably request to natlonally
recognized bond counsel in connection with the preparation of anofflclal statenent for use Ln connection with any transfer, sa1e,or hypothecation of the Note by the registered owner. Natlonally
recognized bond counsel shall prepare an official statenent in
\ _connection with any transfer, sale or hypothecation of the Note.
,/ Upon transfer or exchange of the Note to Battlenent
i Mesa Partners, Battlement Mesa Partners shall be subJect to the
I sarne disclosure requirenents set forth above in connection with
I any transfer, sale or hypothecatlon.
\-e. Pavuent. As to the Note, the person in whose namethe sane shall be registered shall be deemed and regarded as the
absolute owner thereof for all purposes, and palment or on
account of elther prlncipal, lnterest, or premium, if dDY, on the
Note shatl be rnade only to or upon a written order of the
reglstered olrner thereof or hls legal representative. A11 such
palments shall be valid and effectual to satisfy and discharge
the liability upon such Note to the extent, of such sum or sums sopaid. The Dlstrict and the Note Registrar may deen and treat thereglstered osner of the Nota aB the absolute orrner of such Note
whether such Note shall be overdue or not, for the purpose ofrecelvlng palment thereof and for all other purposes whatsoever,
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and neither the Dlstrlct nor the Note Reglstrar shall be affectedby any notlce to the contrarly.
Sectlon 6. Nature of Obll<ratlon.
E.. The Note shall constLtute a
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general, obllgatlon of the Distrlct, for the prornpt and punctualpalment of whlch the full falth and credlt of the District arehereby lrrevocabry pledged to the extent provided hereln. TheNote shall be payable fron ad valorem taxes as herelnafter pro-vlded, except as the sane nay actually be paid fron other noneysIegally available therefor aE provided herein. The Districtcovenants that, for the purpose of paylng the Note, during theperlod the Note ls outstandlng and unpald, the Board shall levyannually, ln addltlon to all other taxes othemise authorlzed bythe constLtutlon and laws of the State of Colorado and leviedwlthln the boundarles of the District, a direct ad valoren tax onall taxable property withln the Dlstrict, unllnited as to rate oranount except as provided herein, fully sufflclent, together withany other lawfully available moneys, to pay the Note ln accor-
dance wlth lts terms as the sane becones due and payable. saldtaxes shall be levied, assessed, collected and enforced at thetlne and in the form and manner and with like interest and penal-tles as other general taxes ln the State of Colorado, and whencollected shall be paid to the Dlstrict as provided by law. Inthe event any of the Ievies or the charges that may be made bythe Dlstrict shall fall to produce an amount sufflclent to payarnounts on the Note becomLng due ln the next succeeding year, thedeflclt shall be nade up on the next levy, and taxes shall cor-tlnue to be levled until the Note shall be pald in full. TheBoard shall take all necessary and proper steps to enforcepronptly the palaaent of taxes levied pursuant to this Resolution.
b. Other Sources. Notwithstanding any provislon tothe contrary hereln stated, nothlng contained herein shall beconstrued as to prevent the District from applying any other
funds or revenues that nay be ln the treasury of the Dlstrict andlawfully avallab1e for that purpose, to the payrnent of the prin-clpal of and/or lnterest on the Note.
Sectlon 7. Allocation of Indebtedness; Limits Not Exceeded.The Board has determl.ned, and does hereby determine, that thegeneral obllgatlon lndebtedness lncurred by the District pursuantto the iseuance of the Note hereunder shall be allocated andapplled against the voted debt authorizatlon of the District asfollocs:
E. S1r181,7L3.7O shall be applied as a utilization ofthe l{ater Facllltles Debt Authorlzation.
b. 9L,522,332.8o shall be applled as a utllization ofthe Sewer Facllltles Debt Authorization.
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'\,/ - c. $SSS1286.30 shall be renainlng of the Water Facili-,.\ tles Debt Authorlzation
r'>.) l.iX t d. S744,667.20 shall be reroaLning of the sewer Faclli-' i tles Debt Authorlzitton.I
\__/r!. -B-oard, havlng been fully lnformed of and having con-sldered all of the pertlnent facti and circrrnstances, has -deter-
nined, and does hereby deter:mlne, that the total aggregate anountof general. -obllgatlon lndebtedness of the Dlstric€ -doCs not now,nor upon the lssuance of the Note shatl, exceed any applicablillnlt prescribed by the Colorado Conetitirtlon or iawi- ot theState of Colorado.
Section 8. Adootion of Covenants. AII covenants, state-nents, representations and agreenents set forth in the Note arehereby. approved and adopted as the covenants, staternents, repre-sentations and agreements of the Distrlct.
Sectlon 9. Arbltrage. The Distrlct coveiants and agrees
,'t!at lt will not nake or allow any use to be nade of the proieedsof the Note authorlzed herein nhlch nlght cause such Note to becharacterized or classif ied as an ttartitrage bond'. within theneaning of Section 148 of the Internal Revenue Code of 1986r dsanended (the 'rCodert), the appllcable Treasury Regulations proroul-
,' gated thereunder, and all administratlve and judicial interpreta-/ tlons thereof; and the Board covenants and igrees that i€ will
\ take all actions necessary and appropriate fr6n tlme to time to\-ensure that the Note is not so classified as an rrarbitrage bond.rr
Sectlon 10.. Except as herel.n other-wise expressly provided, nothlng hereln expressed or implied Isintended or shall be constnred to confer upon or to give any
Person, other than the District and the registered owner frontlme to tlne of the Note, dDy rlght, renedy or clain under or byreason hereof or any covenant, condition or stipulation hereof.All the covenants, stipulations, promises and agreements hereincontained by and on behalf of the District shall be for the soleand exclusLve benefit of the Dlstrict and the registered owner ofthe Note.
No recourse shall be had for the palment of the principal ofand the lnterest on the Note or for any clain based thereon orothervlse upon this Resolutlon or any otfier instrument pertaininghereto agaLnst any lndlvldual nenber of the Board of Dlrectors oithe Districtr oE any officer or other agent of the District,past, present, or future, either directly or indirectly throughtle Dlstrictr oE othenrise, nhether by vlrtue of any constitu-tlon, statute or rule of law, or by the enforcemLnt, of anypenalty or othenrise, a1t such llabllity, if any, being by thaacceptance of the Note and as a part of the consideration of itsissuance speclflcally waived and released.
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I ,/' Sectlon 11. Confllcts of Interest. Pursuant to Colorado
I \ Revised Statutes 5fe-e-rOS and 524-17-101 through 113 and S24-17-
l.'..-iL) 201 through 205, itt as amended, each of the metnbers of the Board
Ilx-l t has dlscl-osed d,o the Board and the Colorado Secretary of State
Ir\' I the exLetence of any knorn potentlal conflict of lnterest of such
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natters descrlbed tn tnts Resolutlon.
Sectlon ,,Z. Ratlflcatlon. All actlons not lnconsistent
rglth the provislons of ttrli nesolution heretofore taken by !lr.I Dlstrict br lts of f Lcers or directors and othemise by the
I Dlstrlct dlrected toward the Lssuance, sale and delivery of the
Note are hereby ratlfieC, approved and confLtmed. AIt actlons
I heretofore takeh by the Board of Directors of the District relat-
I lng to the plans aia speciflcatlons for provldlng the Facllltles,
ani all oth-er vork lnlldental to the aiqulsltion, construction,
r fn"t.ff"tlon andr/or cornpletion thereof, are hereby ratified,
I approved and confLr:ned.
section 13. Severability. If any section, paragraph,
clauqe or provlsion of tnis nesolutlon shall for any reason be
held to be- lnvalid or unenforceable, the valldlty or unenforce-
ablllty of such Sectlon, paragraPh, clause or provislon shall not
affectl lnpalr or invalidlte iny- of the renaining Sections, PaTa-
traphs, ctluses or provislons 6f this Resolution, the intention
being that the same are severable.
I Sectlon 14. Repealer. All acts, orders, bylaws a-nd resolu-I tions, and parts Efeof, in conflict with this Resolution are
hereby rescinded, except that thls repealer shaIl not be con-
I "[nr"i Eo aE to revlve any act, order, Uytaw or resolution, or
I part thereof, heretofore repealed.
r Sectlon 15. frrepealabllltv. Thls Resolution ls and shall
IconstituteategtsffioftheD1strictauthorizin9thelssuance of thi fote, and after the Note authorized herein ls
- issued and is outstanding, this Resolution shall constitute a
f contract between the Dlstrict and the registered owner of theI Note, and shall be and remain lrrepealable until said Note shall
be fully pald, satisfied and discharged'
t ADoprED arrD AppRovED this lz+' day of @,
1989, to be effectlve as of April 5, 1988'
I By: E.l.-/ A'r, Pres
ATTEST:
By:
AeElstant
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(stsAL)
Secretary
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The uotlon to adoPt the foregolng
eeconded bY DLrector ktitda
carrl,ed on-the followlng recorded vote:
Thoge Votlng YES:
Those Votlng No:
Those Absent:
- ,lo"^t -
Resolution rras duly
a vote .and, put to
RorAltrl lr. €a,Tfrr, .\l<'*, L. Arttr-d'r-Sf
of the neetlng,
duly adoPted.
unrelated to this
Thereupon the President, as chaitman
declared thi rnotion carried and the Resolution
After congideratlon of other businesE
Resolution, the meeting was adJourned'
(sEAL)By:Ide,
Asslstant Secretary
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Cc.rge- Vr' Connell
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STATE OF COTORADO
COT'NTY OF GARFTELD
BATTI,EI,IETIT I.IESA WATER AIID
SN{ITATION DISTRTgT
(sEAL)
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- r, wllllan !. wlIde, the duly appolnted, gtratlfled andactlng Aeslgtant secretary of Battlenent- -Hesa t{ite; and santia-tlon Dletrlct, ln carflerd county, colorado, do hereby ""ritiythat the fore-golng pages nunbered I to 't1 , lncluiive, an&
Pages I and 11 neieot, constitute aEe and-Elrect copy ot therecord of the proceedlngs of the Board of Dlrectori- or theDlstrict_, adopted at a SPr<.o. rneetlng of the Board, held |nthe conference Roon 073-c Sipprerle Drive, parachute, 6o1orado,ort i,rcr.l., _r . f)crc-r.,, - [Z , 19g9, coDmenclhg at tc,c,
-!.D. I as recorded in the offlclal record of the proceeaings ofthe Distrlct kept in ny office, insofar as said procee6ingsrelate to the passage of a Resolution authorizing th; anendneitof a resolution authorizing the Lssuance of a genlral obligatlonnote; that the proceedingi were duly had ana- taken; that theneetlng was duly held; that the persons were present at the meet-Itg as thereln shown; and that llotlce of the'rueetlng lras postedin accordance wlth law.
fN WITNESS WHEREOF, f have hereunto subscribed my name andafflxed the seal of the District, this t}" day of 6.,.-,.- ,1989.
By:
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Assistant Secretary
( sATTLE . RES )
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To Certlfled Record of Proceedlngs
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srATEuEnrs or porEt{T*rr co*FLrcrs or rNrEREsr
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EXIIIBIT TBT
To Certifled Record of proceedlngs
Reoistered Reqlstered
BATU,E}TENT I{ESA I{ATER AIID SATITATION DISTRICT
GENERAL OBIJGATION }IOTE
SERIES 1986A
Nunber: 1986-1 Garfleld County, Colorado
l******ttt*rtttt****tt****t
REGISTERED OWNER: Battlernent Hesa Inc.A Delaware Corporation
, 1986
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BATTLEUENT MESA WATER AIID SN{ITATION DISTRICT, in theCounty of Garfleld, State of Colorado (trMakerrt or the ltDistricttt)
for value received, promises to pay to the Registered owner iden-tifled above (trPayeerr), the prlnclpar sun oi Two l.Iirrion sevenHundred Four Thousand Forty-six and 50/Loo Dorlars($2,t0q,046.50), or such ress anount of outstanding principal asnay actually be paid hereunder ln accordance with the terms here-of and in accordance with the terms, covenants and conditions ofthe authorizing resolution of the District adopted on _, 1989 (the rrResolutiontr), pursuant to which this Notehas been issued.
This Note shall be payable In annual installments, eachln the amount of the Annual fnitaltment, and each to be due andpayable on Septenber 30 of each Collection year (each, a rtpayment
Daterr) comnencing september 30, L997, and continuing untir thisNote is deened fully paid and discharged.
In the event that the Annua1 Interest applicable to anyparticular Palnnent Date equals or exceeds the Annual InstallnenLdue and payable under thls Note on such payment Date, the entireamount of such Annua1 Instalhoent shalI be allocated to andapplled as interest on thls Note; andr ln such event, theDistrlct shalr have no further obllgation with respect to anysuch excess.
In the event that the Annual Instalhnent due and pay-able under this Note on any partlcular Palment Date exceeds- theAnnual rnterest applicable to such palnnent Date, such excesssharr be allocated to and applied as principar on this Notei and,to the extent of such excess, the Outstanding Principal of this
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Note shall be oro tanto reduced.
This Note shall be considered fulry paid and theDlstrlct shatl be forever dlscharged from any further "uffgiti;;;under thrs ro!9 upon the earriEsr ro occur of rhe i;ii&G;events! (1) the outstandlng principar of thls Note has beeireduced to zer.o (_0-) ; or (zl trre Net eruount Due has been pald i;ful1, hotwithstanding that the outstanding principal of this Notehas not then been reduced to zeto (O).
REFERENCE TS HEREBY I.IADE TO THE ABOVE UENTIONED RESOLU-TTON OF THE DISTRI T AUTHORIZING THE ISSUNICE OF THTS NOTE, A}TDTO At{Y At{D ALL I.IODTFTCATTONS A}rD AI,iEND!{ENTS THEREOF, FOR A DEFr-NITION OF THE TERT{S A}TD PHRASES USED HEREIN A}ID FOR A FULLERDESCRTPTTON OF THE PROVTSTONS, TERilS A}tD CONDTTTONS UPON WHrCHTHIS NOTE rS rssuED A}{D SECIRED, INCLUDTNG, WTTHOUT LrMrrATrON,THE NATURE A}{D EXTENT oF THE sEctRrry FoR Titrs NorE, THE RrcHTs;DUTrEs, rl'luuNrrrEs A}{D oBLrcATroNs oF THE DrsrRrcr A}tD rrsOFFfCERS AIID THE I{EUBERS oF fTS BOARD OF DTRECTORS, A}ID THERIGHTS At{D REUEDIES OF THE REGTSTERED OWNER OF THIS NOTE.
_Paynents on thls Note sharl be payabre to thereglstered- owner hereof in lawful money of the ilnitea States ofAmerLcar -wlthout deductlon for-exchange or collection charges, bycheck nalled by flrst class nail to tf,e person in nhose naie [nf3Note ls reglstered on the Note negisler and at the addressappearing thereon at the close of brisinessnext precedlng the date established foramounts.
the business daypalment of such
form as to bothperson in whose
and regarded as
Thls Note ls the singre note of a series issued pur-suant to the Resolution for the purpose of defraying the clstsof acqursitlon, constructLon, -rnitatlatlon, c-ompietlon andLrnprovenent of a prrbllc water sirpply and dlstributioir systen anda pulriq storr and sanltary sewef Jystern, or a portion- thereof,and is issued.by virtue of-and ln fuff confor.nl€y with the Con-stltutlon of ttre State of Colorado, Colorado nivised StatutesS32-1-101 to -1307r is anendedr colorado Revised statutes s11-57-101 to -105r ds amended, and all other laws of the state ofColorado thereunto enabling.
Thls Note is issued in fully registeredprlnclpal and interest. As to thts NotL, thename the sane shall be registered shall be deenedthe absolute owner thereof for arl purposes, and palnnent of or onaccount of eit_h_er principal of or lnterest or prenlun, if anyr onthis Note shall be rnade only to the negisterLd owner hereof ornlt lega_I representatlve. CIl such payroents shall be valld andeffectual to satlsfy and dlscharge the- Ilability upon such Noteto the extent of such sum or suns so paid. ltai<er-and the NoteRegistrar nay deem and treat the Regist6red owner of this Note asthe absolute otrner of such Note whether such Note shall be over-
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due or not, for theall other purposes
purpose of recelvlng paynent thereof and forwhatsoevrr, and neither l{aker nor the NoteReglstrar shall be affected by any notlce to the contrarT.
The Note shall be transferable and exchangeable by theReglstered oq".r hereof, ln person or by his attorn6y dury iuth-orized ln wrltlng, only-on tne Note Reglster nalntiined-by thenote registrar -(currently the Dlstricti upon presentation andsurrender hereof to the Distrlct at the otflce tf the Distrlct,duly endorsed for transfer_or acconpanled by an assignment duliexecuted Fv. the. Registered owner hereof oL hls atdorney durlauthorlzed ln writing; whereupon the Dlstrict shalt authenilcatiand deliver to the nett reglstLred osner or owners a new Note orNotes of like tenor, naturlty and lnterest rate, in any denoulna-tlons. as_ nay be requested by the transferor, in ari aggregateprlnclpal anount equal to the unpald prlncipal anount of Ehei roteor Notes presented for transfer, beailng a nunber not contenpor-aneously outstandlng, and reglstered ln such name or names as naybe requested by the transferor. No reglstration, transfer oiexchange of this Note shall be effectlve untll entered on theNo!? Register. The transfer or exchange or this Note sharl besubJect to the disclosure requirenents Let forth in the Reso]u-tion.
BY THE ACCEPTNICE HEREOF, THE REGTSTERED OWNER ACKIIOI{-
LEDGES THAT l,tN(ER AlrD rTS OFFICERS, EMPIOYEES OR AGENTS MAKE N.tD
HAVE I{ADE NO REPRESENTATIONS OR I{ARRANTIES WHATSOEVER AS TO THE
PROPER TREATT{ENT FOR FEDERAL, STATE AltD/OR IpCAL TNCOME TAX pUR-
POSES OF THE INTEREST PAYABL,E HEREUNDER.
Maker nay redeem or othenrise prepay this Note ln fullor ln part at any tfune or from tine to-tirne without redemptionprenium or other penalty but with interest accrued to the daLe ofprepaynent.
l{aker walves denand, presentnent, and notice of dis-honor and protest with respect to any payloent due under thlsNote. No walver of any palment or other rlght under this Noteshall operate as a waiver of any other palment or rlght, lncrud-lng right of offset. If the RegisterLd owner hereof enforcesthls Note upon default, Maker sha1l pay, or reinburse suchReglstered Owner for, reasonable expenses lncurred ln the collec-tlon hereof or in realizing on any security therefor, including
reasonable attorneyrs fees.
Thls Note shall be governed as to its validity, inter-pretatlon, constnrctlon, enforceuent, effect and att otherrespects by the larss and lnterpretatlons thereof in the State ofColorado. NotwLthstandlng any provlslon herein or ln any instru-nent now or hereafter securl.ng the obllgatlons of maker speclfiedherein, the totar llablrlty for paynents in the nalure oflnterest shall not exceed the linlt now inposed by the usury laws
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r acknowledges and agrees that thts rbte shall be lrrevocable foiall PurP,oseE and shall be blndlng upon uaker, its respective
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permitted successors and asslgns.
This Note pay lot be termlnated orarry, but only byI paynent ln. full or by dlscharge ln wrltlng and'signed by'thiI party who is the owner of thls Note at the tlne enf-orcement ofr any discharge is sought.
I Thls Note shall not be valld unless authenticated by! thg Note Registrar .by execution of the Note Registrarrs certifl'-cate of authenticatlon endorsed hereon.
I All capitallzed termE used herein and not othenrlsedeflned herein shall have the meanings asslgned in the Resolu-
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ro be = r*lJu nn-#ffot fftll3t i"::i::"f " J"T"r"*'"to=,n"oo,'xl"'"j3. lr:
I P: hereto afflxed and attested to by'iti secretaryl to be effec-I tlve as of the da_y and year first above written, 'notwithstanding
the actual date of signature.
T MAKER
I 3ffilifil?x$ xi:i*lH'* *o
By:
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ATTEST:
Richard A. Stonger,
President
Bv:I WilIian W. Wllde,
AssLstant Secretary
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I cERTrFrcrrE oF AurHENTrcerroN
r This Note is the Note described ln the above-mentioned
I Resolution.
I 3ffilHli5$ H:i.ltT:" *o
I As Note Reglstrar
I 3i!"oifnff3t::ffi:i:"
1989 By:I
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Authorized Officer
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A.SSIGNI{EIIT
For value received, the undersigned herebysells, assigns and transfers unto
the within Note and does hereby irrevocably constitute and
appoint
I Note Registrar, attorney to transfer the said Note on the books
I kept .for . registration of the within Note, with full po$rer ofsubstitution in the prenises.
I Date:
Assignor
I Notice: The assignorrs signature to this assignment must
correspond with the name as its appears upon the face
I :f.:n:."::l':r:;;: *il";:;:I.particular' without artera-
The Note Registrar will not effect transfer of this
I Note unless the inforiation concerning the transferee reguestedI below is provided.
I Name and Address of Assignee:
Social Security or Taxpayer
I Identification Nunber of Assignee:
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EXHIBIT ''G''
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CERTIFIED RECORD
of proceedings ofthe Board of Directors of
SADDLEBACK UETROPOLITAN DISTRICT
GARFIELD COUNTY, COLORADO
relating to a resolutionauthorizing the issuance of its
GENERAL OBLTGATION NOTE
SERIES 1990A
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STATE OF COLORADO
COUNTY OT GARFIELD
SADDLEBACK UETROPOLITAN
DISTRICT
GC!
The Board of Directors of Saddleback lletropolitanDistrict, Garfield County, Colorado, met in a public session on
D€-<EF\G,€rr U\ , 1990, in Gsrtr-e,n4e,-rf- f,e,SN , Colorado,
a.m.
The meeting was called to order by the President.
On roII call the following members of the Board of
Directors of the District, constituting a quorum, were present:
Director TitIe
R.e.S..sEF\T-
BrrvtCE F lr'\E\c-<
Lgu\rs Ae..r sc.- a.r^l
The following Directors
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\h-{c'A€
Vr<.e- Rre.S.srE-n*-r
ISa<-tr-. IT<e-s.^S, .
were absent (absence excused) r
The meetLng was duly called to order.
The Chairman requested that each of the Directors disclose to the
Board of Directors all potential conflicts of interest which any ofthe Directors might have concerning items on the agenda for the
meeting, whereupon statements of potential conflicts rrere disclosed
as set forth in Exhibit "A" attached hereto and as set forth in the
minutes of the meeting.
Thereupon Director d,o-rs<--ar^l introduced and moved
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the adoption of the following Resolution:
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RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF
SADDLEBACK I'IETROPOLITAN DISTRICT AUTHORIZING
AND DIRECTING THE EXECUTION, ISSUANCE, SALE
AND DELIVERY OF 'SADDLEBACK I'TETROPOLITAN
DrsrRrcr GENERAL oBLTGATTON NOTE, SERTES
1990A", FOR THE PURPOSE OF DEFRAYTNG THE COSTS
oF ACQUTRTNG, CONSTRUCTTNG, RECONSTRUCTTNG,
TNSTALLTNG, COMPLETING, II'{PROVTNG AND
OTHERI.IISE PROVIDING CERTAIN WATER AND SEWER
FACILITIES AND RELATED INCIDENTALS AND
APPURTENANCES; PROVIDING THE DATE, FORI{ AND
NUI,IBER OF SAID NOTE; PROVTDING FOR A LEVY OF
AD VALOREI'I TAXES UPON ALL TAXABLE PROPERTY
WITHIN THE DISTRICT SUFE'ICIENT TO PAY SUCH
NOTE; CREATING CERTAIN FUNDS RELATED THERETO;
PROVIDING FOR THE REGISTRATION OF SAID NOTE;
RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN;
REPEAIJING ANY ACTION HERETOFORE TAKEN IN
CONFLICT HEREWITH; AND PROVIDTNG OTHER DTATTERS
PROPERLY RELATING THERETO
WHEREAS, Saddleback ltetropolitan District, Garfield
County, Colorado (the "District" ), a-quasi-municipal -cor-porationi"a folitical srlidivision of the State of Colorado duly lndregulirly created, established, organized, existing and operllilg
,rn6er ani Uy virtue of the Constitution and the laws of the State
of Colorado] including but not limited to Colorado Revised Statutes
Sections fj-f-fOf to- -1307r ds amended (the "Special District
ect"), deems it necessary and expedient to borrow funds to meet and
aefrij, the cost of icquiring, constructing, reconstructing,
instailing, colnpleting ana otherwise providing I public water
supply and-distriUution system, or_a portion thereof - (as more fully
aeiirined herein, the 'Witer faciliiies") and a public storm and
sanitary sewer systemr ot a portion there-of (as more fully
described herein, the "Sewer Facilities"); and
WHEREAS, at a special election of the qualified electors
of the Dlstrict, duly called and held on Tuesday, th9 7th day of
June, 1988 (the "Electiotr"), in accordance with law and pursuant to
due notice '(the "Election'i), a maJority of the qual-rfied electors
of the pistiict voting at'said glection authorized the Board of
Directors of the Disirict (the "Board") to issue, among- other
evidences of indebtedness, general obligation notes of the District
in the aggregate principal amount not to exceed $2,5451000 - (!h"
"I{ater falifities 6ebt authorization" ) for the purpose of providing
a public water supply and distributiori system for fire and domestic
p.ripo""", including irainage and other facilities, distribution and
Lrairsmission mainsl IaterJIs, and other water lines, and together
with aII necessary land and easement and incidental and appurtenant
properties, facilities, equipment and costs, including facilities
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an4 equipment fo_r- the operation and maintenance of the foregoing(the "Water Facilities.,,); and
WHEREAS, the ballot, question placed before said qualifiedelectors and so approved by them relating to the issuance- of suchnotes was as follows:
"ShaII Saddleback Metropolitan District,Garfield County, Colorado, be authorized toincur indebtedness in an aggregate principalamount not to exceed S2r545r000 and evidencethe same by. the issuance of notes, Iong-termleases and/or certificates of participationtherein, and/or contracts, from time to time,for the purpose of defraying, in whole or inpart, the cost of acquiring, constructing,reconstructing, installing, completing,improving and otherwise providing t publicwater supply and distribution system for fireand domestic purposes, including drainage andother facilities, distribution - andtransmission mains, Iaterals, and other waterlines, and together with aII necessary landand easements and incidental and appurtenantproperties, facilities, equipment ana costs,including facilities and -equipment for theoperation and maintenance of ttre foregoing,for the District and the inhabitants thereof;any such indebtedness to bear interest at anet effective interest rate not to exceedeighteen percent (l8t) per annumi to bepayable from annual, general ad valorem taxlevids upon all taxable property within theDistrict, without limitation as to rate oramounti and otherwise to be on such terms,covenants and conditions as the Board ofDirectors of the District shall determine?"
WHEREAS, a maJority of the quarified erectors of theDLstrict voting at said plection authoiized the Board to issue,along other evidences of indebtedness, general obligation notes oithe District in the aggregate princi-par amount -not to exceed$2,355,009 (the "sewer Facirities Debt Authorization") for thepurPose-of providing a public storm and sanitary serrer system withcollection lines, mains, outfall lines, flood ani surface-drainage,
|nd-disposal system and facilitiesr together with a1l rr""e""5ryland and easements and incidentar and appurtenant propertieslfacirities, permits, equipment and costs, iiEtuaing fac}lities andequipment for the operation and maintenance of thd foregoing (the"Sewer Facilities,') ; and
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WHEREAS, the ballot question placed before said qualified
electors and so approved by them relating to the issuance of such
notes was as follows:
"Shall Saddleback Metropolitan District,
Garfield County, Colorado, be authorized to'
incur indebtedness in an aggregate principal
amount not to exceed S2r355r000 and evidencethe same by the issuance of notes, long-term
Ieases and/or certificates of participation
therein, and/or contracts, from time to time,for the purpose of defraying, in whole or inpart, the cost of acquiring, constructing,reconstructing, installingr completing,
improving and otherwise providing a public
storm and sanitary sevrer system, with
collection Iines, mains, outfall Iines, flood
and surface drainage, and disposal system and
facilities, together with alI necessary land
and easements and incidental and appurtenant
properties, facilities, permits, equipment and
costs, including facilities and equipment forthe operation and maintenance of the
foregoing, for the District and the
inhabitants thereofi any such indebtedness to
bear interest at a net effective interest rate
not to exceed eighteen percent (18t) Perannumi to be payable from annual, gleneral ad
valorem tax levies upon aII taxable property
within the District, without limitation as to
rate or amount; and otherwise to be on such
terms, covenants and conditions as the Board
of Dlrectors of the District shall determine?"
WHEREAS, the Board is desirous of undertaking the
acquisition, construction, reconstruction, installation, completion
and/or improvement of Water Facilities and Sewer Facilities
(collectively, the "Facilities")I and
WHEREAS, the Board deems it necessary and desires at this
time that the District shall issue its general obligation note to
be designated "saddleback Metropolitan District General Obligation
Note, Series 1990A', (the "Note") in accordance with the provisions
of the aforementioned Special District Act, it being herein
determined that the issuance of the Note is necessary in order that
the District may defray, in part the costs of acquisitiqr,construction, reconstruction, installation, completion and/or
improvement of the Facilities.
NOW, THEREFORE, BE rT RESOLVED By THE BOARD OF DTRECTORS
OF SADDLEBACK METROPOLITAN DTSTRICT:
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Section 1. Necessity for fssuance of Note. The Board
has determined, and does hereby determine, that it is in the best
interests of the District and its inhabitants to issue the Note as
provided herein to obtain funds for the purPose of defraying.the
Losts of acquisition, construction, reconstruction, installation,
completion and/or imProvement of the Facilities.
Section 2. Definitions. As used herein, the following
words and phrases shalI have the following meanings:
"Adjusted Note [fiII Levy" means that mill lery assessed
which is calculated for each Certification Year as equal to the
Historic Note Revenue divided by the assessed valuation of the
District as certified to the District by the Garfield County
Assessor in the Certification Year for taxes to be collected in the
Collection Year.
"AnnuaIparticular Payment
Payment applicable
Amount Outstanding
fnstallment" means, with respect to any
Date, the }esser ofc (A) the Scheduled Annual
to such Payment Date or (B) the Total Accrued
as of such Payment Date.
"Annual Interest" means, with respect to any particular
Payment Date, ten percent (IOt) mult.iplied by the then applicable
Outstanding Principal
,BMWSD Note" means that certain note designated the
',Battlement Mesa Water & Sanitation District General Obligation
Note, Series 1986A" to which this Note is subordinated Pursuant to
the terms hereof.
"Certification Year" means each calendar year in which a
mill levy ls to'be certified by the District to the Garfield County
Board of County Commissioners-for taxes to be collected during the
Collection Year.
"Collection Year" means the calendar year next following
any Certification Year, during which the District shall be entitled
to collect and receive the ad valorem property tax revenues
generated by the certification of the appropriate debt service miII
Ievy in such Certification Year.
"Consolidation" means the anticipated consolidation,
pursuant to Section 32-1-501 et seq. C.R.S., of the District and
i,tre Battlement tlesa Vlater & Sanitation District as more fully
explained in the Service PIan for the Consolidated lletropolitan
District.
"Five City Average Total MiII Levy" meanss
(1) the figure calculated by dividing:
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(A) the sum of the total miIl levies certified forad valorem property taxes collected during theCertification Year on and against aIl taxableproperty within the following municipaljurisdictions identified by the following taxdistrict codes (as amended from time to time) asthe same appear on the abstract of assessmentprepared by the County of Garfield, Colorado: the
Town of Parachute, Colorado (tax district code049); the City of Rifle, Colorado (tax district
code 035); the Town of SiIt, Colorado (tax districtcode 035); the Town of New Castle, Colorado (taxdistrict code 038); and the City of GlenwoodSprings, Colorado (the numeric average of taxdistrict codes 031, 052, 053, 054 and 055), by
(B) five (s).
"Historic Note Revenue" means the amount of revenuederived or to be derived from multiplication of the Intermediate
Note uill Levy in the Certification Year by the assessed valuationof the District as certified to the District by Garfield CountyAssessor in the year prior to the Certification Year for taxes tobe collected in the Certification year.
"Intermediate Note I'{iII Levy" means that mil1 levy f igurewhich is calculated for each Certification Year as equal to theFive City Average Tota1 I'lill Levy minus the Net Other I.1i11 Levy.
"Net Anount Due" means the aggregate of Scheduled AnnualPayments carcurated hereunder commencing september 30, L987, andcontinuing every September 30 thereafter through and including
September 30, 2006.
"Net Other l,lill Levy" means the sum of all miIl leviescertified for collection in the Certification Year by any and allspecial districts organized and operating under and by virtue ofTitle 32, Colorado Revised Statutesr Ers amended, other than theDistrict, on and against all taxable property within the boundariesof the District (tax district code 77, as amended from time totime).
"Outstanding Principal,' means, with respect to anyparticular Payment Date, (a) $3,189 r 100. o0 (the ;princip.1" )lreduced by (b) alI amounts paid previous to such'fayment Date underthe Note and credited to and applied against such principalpursuant to Section 3(b) hereof.
uPayment Date" means every September 30, as more fullydescribed in Section 3(b) hereof.
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"Purchase Agreement" means and refers to that certain
Facilities Purchase Agreement by and between the District and
Battlement Mesa, Inc., a Delaware corporation.
"Scheduled Annua1 Payment" means, with respect to any
particular Payment Date, the ad valorem property tax revenue that
would be derived in each Collection Year in which falls the Payment
Date to which the Scheduled Annual Payment relatesr ds would be
collected by the District from the certification of a mill levy in
the Certification Year in an amount equal to the Adjusted Note I'fi1l
Levy, but if the Consolidation is completed, then the amouht of
said Scheduled Annua1 Payment sha1l be reduced by the amount of the
"Annual Installment" for the Collection Year as defined and payable
under the BMIJSD Note.
"Total Accrued Amount Outstanding" means, with respect to
any particular Payment Date, the sum of (A) the Annual Interest
appticable to such Palrment Date, plus (B) the Outstanding Principal
as of such Payment Date.
Section 3.Issuance of Note; Description.
a. Issuance of Note. In order to provide funds
for the purposes hereinabove set forth, the District shall execute,
issue and deliver its general obligation note, designated
"Saddleback Metropolitan District General Obligation Note,
Series 1990A", to be dated as of the date of execution thereof,
consisting of a single note numbered 1990-1.
b. Amounts Payment Under Note; Allocations to
Principal and Interest.'
i-. Annua1 Installments. The Note shall be
payable in annual install-ments, each in the amount of the Annual
tnstallment, and each to be due and payable on September 30 of each
Collection Year to which such Annual Installment relates (each, a
"Payment Date") commencing September 30, 1990, and continuing every
September 30 thereafter through and including September 30, 2006,
until the Note is deemed fu1ly paid and discharged pursuant to
Section 3(b) (iii) hereof .
ii. Allocation to Principal and Interest. fn
the event that the Annual Interest applicable to any particular
Payment Date equals or exceeds the Annual Installment due and
payable under the Note on such Palrment Date, the entire amount of
such Annual Installment shall be allocated to and applied as
interest on the Note; and, in such event, the District shall have
no further obligation with respect to any such Annual Interest
excess.
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In the event that the Annual Installment due and payable
under the Note on any particular Payment Date exceeds the Annual
Interest applicable to such Payment Date, such excess shall be
allocated to and applied as principal on the Note; and, to the
extent of such exceii, the Outstanding Principal of the Note shall
be plg tanto reduced.
iii. Discharge and Termination of Obligations.
The Note shall be considered fully paid and the District shall be
forever discharged from any further obligations under the Note upon
the earliest to occur of the following events3 (1) the Outstanding
Principal of the Note has been reduced to zero (0); or (2) the Net
Amount Due has been paid in fulI, notwithstanding that the
Outstanding Principal of the Note has not then been reduced to zero
(0).
iv. No Default. The Note shall not be
considered in default if the District's failure to meet any payment
thereon is due so1ely to the fact that the District has not ye!
collected any of the ad valorem property tax revenues from which
such payment- are to be made, ds a consequence of the delinquency
in payment to the District thereof, in which event such revenues
shatt-be paid by the District by check mailed by first class mail
to the registered owner of the Note immediately upon receipt by the
District of such revenuesr ds the same shall aPPear on the Note
Register (as defined herein) and at the address appearing thereon
as-of the close of business on the business day next immediately
preceding the Payment Date to which such revenues would have been
applied if timely collected.
c. Pavment. Payments on the Note shall be made to
the registered owner or owners thereof in lawful money of the
United States'of America, without deduction for exchange or
collection charges, by check mailed by first class mail to the
person in whose name the Note is registered on the Note Register
(." defined herein) and at the address appearing thereon at the
ilose of business'on the business day next preceding the date
established for the payment of such amounts.
d. Authority. The Note shall be issued pursuant
to Colorado Revised Statutes S 31-1-101 to -1307r ds amended.
e. Redemption. The Note shall be subject to
redemption or prepayment in whole or in part at the option of the
District on October 1 of each year during which the Note is
outstanding, without premium or penalty, upon payment of the
Outstanding Principal due thereon or any part thereof plus interest
to Lhe date of redemption on the principal amount so redeemed. Any
such prepayment shalt be made by check mailed by first class mail
to the registered owner of the Note as shall appear in the
Registration Book (as defined herein) and at the address aPPearing
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thereon at the close of business on the business day next preceding
such payment.
f. Authentication. No Note issued hereunder shall
be valid or obligatory for any purpose or entitled to any securityor benefit under this Resolution unless and until a certificate ofauthentication on such Note shall have been duly executed by theNote Registrar (as herein defined), and such executed certificateof the Note Registrar upon any Note shall be conclusive evidencethat such Note has been authenticated and delivered under thisResolution. The Note Registrar's certificate of authentication on
any Note shall be deemed to have been executed by it if signed byan authorized officer of the Note Registrar, but it shall not benecessary that the same officer execute the certificate ofauthentication on all of the Notes.
g. Note Form. The terms covenants and conditionsof the Note shall be as set forth in the form of the Note attachedhereto as Exhibit "B"i which terms covenants and conditions arehereby ratified, approved, and incorporated herein by this
reference.
Section 3. Authority. The Note shall be issued pursuantto Colorado Revised Statutes Sections 32-1-101 to -1307r ds
amended.
Section 4. Execution and Delivery. The Note shall beexecuted in the name and on behalf of the District wlt.h the manualsignature of the President of the District, shall bear an
impression of the seal of the District, and shalt be attested by
manual signature of the Secretary of the District. Said Note, when
executed as provided herein, shaLl be delivered to Battlement MesaPartners, a Colbrado general partnership (the "purchaser,'), for the
purPoses stated herein. Neither the Purchaser of said Note nor anyregistered owner thereof shall be in any way responsible for theapplication of the proceeds of said Note by the District or any ofits officers. Should any officer whose manual signature appears onsaid Note cease to be such officer before delivery of the Note tothe Purchaser, such manual signature shatl nevertheless be validand sufficient for all purposes.
Section 5. Registration
a. Fully Registered. The Note shall be issued infulIy registered form pursuant to Colorado RevLsed StatutesSections 11-57-101 to -105r ds amended.
b. Designation of Note Registrar. The Districtshall maintain or cause to be maintained an office where the Noteshalr be registered. The District is hereby appointed as noteregistrar (t,he "Note Registrar") hereunder, ana ftre President andthe Treasurer of the District are hereby authorized to act on
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behalf of the District in carrying out the duties of the Note
Registrar hereunder. The Dist,rict may from time to time
deiignate one or more other offices or agencies for such PurPoses
and may from time to time rescind such designations. In connection
herewilh, the District shall comply with and file such
informational statements as may be required by the Internal Revenue
Code of 1985r ds amended.
c. Note Register. The Note Registrar shall
maintain a register for the registration, transfer and exchange of
Notes as provided herein (the "Note Register").
d. Payment. As to t,he Note, the Person in whose
name the same shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of or on
account of either principal, interestr oE premiums, if dtrY, on the
Note sha1l be made only to or uPon a written order of the
registered owner thereof or his legal representative. All such
pal.ment shall be valid and effectual to satisfy and discharge !!efilUffity upon such Note to the extent of such sum or sums so paid.
The Oisirict and the Note Registrar may deem and treat the
registered owner of the Note as the absolute owner of such Note
whether such Note sha1l be overdue or not, for the purPose of
receiving payment thereof and for aII other purposes whatsoever,
and neittrei Etre District nor the Note Registrar shall be affected
by any notice to t.he contrary.
Section 5. Nature of Obligation.
a. FulI Faith and Credit. The Note shall
constitute a full general obligation of the District, for the
prompt, and punctual payment of which the fuII faith and credit of
Lne bistrict ate hereby irrevocably pledged. The Note shall be
payable from ad valorem taxes as hereinafter provided, except as
Lhe same may actually be paid from other moneys legally available
therefor as provided herein. The District covenants that, for the
purpose of paying the Note, during the period the Note is
outitanding and unpaid, the Board shall levy annually, in addition
to alt other taxes otherwise authorized by the Constitution and
Iaws of the State of Colorado and levied within the boundaries of
the District, a direct ad valorem tax on all taxable Propertywithin the District, unlimited as to rate or amount, fully
sufficient, together with any other lawfully available moneys to
pay the Note as the same becomes due and payable. Said taxes shall
be levied, assessed, collected and enforced at the time and in the
form and manner and with like interest and penalties as other
general taxes in the State of Colorado, and when collected shall be
paid to the District as provided by law. In the event any of the
levies or the charges that may be made by the District shall fail
to produce an amount sufficient to pay amounts on the Note becoming
due in the next succeeding year, the deficit shall be made up on
the next leoy, and taxes shall continue to be levied until the Note
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shall be paid in full. The Board shall take a1l necessary and
proper steps to enforce promptly the payment of taxes levied
pursuant to this resolution.
b. Other Sources. Notwithstanding any provision
to the contrary herein stated, nothing contained herein shall be
construed as to prevent the District from applying any other funds
or revenues that may be in the treasury of the District and
Iawfully available for that purPose, to the payment of the
principal of and/or interest on the Note.
Section 7. Pledge of Bond Proceeds. Net proceeds
received by the District upon the issuance of its general
obligations bonds ("Bonds") (after deducting the costs of issuance
thereof) at any time and from time to time by the District when, as
and if issued shall, to the extent necessary, be utilized for the
payment of the principal of the Note, together with interest
iccrued thereon to the date of payment. The net proceeds of Bonds
issued by the District when, as and if issued at any time and from
tlme to t,ime, in an amount or amounts necessary to pay the
principal of and accrued interest on the Note prior to or on its
Maturity Date, together with aII securities in which the same may
be invested from time to time, ARE HEREBY IRREVOCABLY PLEDGED AND
SET ASIDE to secure payment of the principal of and interest on the
Note. This pledge snatt be valid and binding from and after the
date of the first delivery of the Note, and such proceedsr ds
received by the District dnd hereby pledged, shall immediately be
subject to the lien of this pledge without any physical delivery
thereofr dny filing, or further act. The lien of this pledge and
the obligation to perform the contractual provisions hereby made
shall have priority over any or aII other obligations and
Iiabilities of the District, and the lien of this pledge shall be
valid and bindtng as against all parties having claims of any kind
in tort, contract or otherwise against the District, irrespective
of whether such parties have notice thereof. The District
covenants to and with the registered owner or owners from time to
time of the Note to exercise its best efforts to cause a sufficient
amount of Bonds to be issued at one time or from time to time for
the purpose of retiring the Note in fuII prior to or on its
tr{aturity Date together with interest thereon; provided, however,
that such covenant shall not constitute a guaranty by the District
that Bonds will be issued for such purpose.
Section 8. Findings and Certificatl-ons. The Board
hereby finds and certifies as followss (1) aII acts, conditions,
and things required by law to be done precedent to and in the
issuance of this Note in order to make it a legal, valid and
binding obligation of the District have been properly done, have
happened, and have been performed in full and strict compliance
with the constitution and laws of the State of Colorado; (21 this
Note has been issued in fuII compliance rvith the limitations
imposed under Part 11 of Article 1 of Title 32, C.R.S.; (3) this
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Note is a general obligation of the District and the fuII faith andcredit of the District are pledged for the prompt payment of theprincipal of and interest on this Note in accordance with the terms
hereof; and (4) the principal amount of this Note togetherwith the
outstanding principal amount of other indebtedness of the Districtis within the limitations imposed on the District on the issuanceof such indebtedness.
Section 9. Allocation of Indebtedness; Limits Not
Exceeded. The Board has determined, and does hereby determine,that the general obligation indebtedness incurred by the District
pursuant to the issuance of the Note hereunder shall be allocated
and applied against the voted debt authorization of the District as
foLlows:
a. 91,555,300.00 shall be applied as a utilizationof the lfater Facilities Debt Authorization.
b. S1,533,800.00 shall be applied as a utilizationof the Sewer Facilities Debt Authorization.
The Board having been fulIy informed of and having
considered alI the pertinent facts and circumstances, has
determined, and does hereby determine, that the total aggregate
amount of general obligatioi indebtedness of the District aoes not
now, nor upon the issuance of the Note shaIl, exceed any applicablelimit prescribed by the Colorado Constitution or laws of the Stateof Colorado.
Section 10. Rights and fmmunities. Except as hereinotherwise expressly provided, nothing herein expressed or implied
is intended or shall be construed to confer upon or to give anyperson, other than the District and the registered owner from timeto time of the Noter dtry right, remedy or claim under or by reason
hereof or any covenant, condition or stipulation hereof. All the
covenants, stipulations, promises and agreements herein containedby and on behalf of the District shall be for the sole and
exclusive benefit of the District and the registered owner of the
Note.
No recourse shall be had for the payment of the principalof and the interest on the Note for any claim based thereon orotherwise upon this Resolution or any other instrument pertaining
hereto against any individual member of the Board of Directors ofthe Districtr oE any officer or other agent of the District, past,present or future, either direct,Iy or indirectly through theDistrict r ot otherwise, whether by virtue of any constitution,statute or rule of law, or by the enforcement of any penalty orotherwise, aII such liability, if ary, being by the acceptance ofthe Note and as a part of the consideration of its issuancespecifically waived and released.
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Section 11. Conflicts of Interest. Pursuant to Colorado
Revised Statutes Section 18-8-308, and Article 18 of Tit1e 24,
C.R.S, all as amended, each of the members of the Board has
disclosed to the Board and the Colorado Secretary of State the
existence of any known potential conflict of interest of such
matters described in this Resolution.
Section 12. Ratification. AIl actions not inconsistent
with the provisions of this Resolution heretofore taken by !h"District oi its officers or directors and otherwise by the District
directed toward the issuance, sale and delivery of the Note are
hereby ratified, approved and confirmed.
Section 13. Severability. If any Section, ParagraPh,
clause or provision of,this Resolution shall for any reason be held
to be invatid or unenforceable, the invalidity or unenforceability
of such Section, paragraph, clause or provision shall not affect,
impair or invalidate any of the remaining Sections, paragraphs,
clluses or provisions of this Resolution, the intention being that
the same are severable.
Section 14. RePealer. All acts, orders, bylaws and
resolutions, and parts thereof, in conflict with this Resolution
are hereby rescinded, except that this repealer shal} not be
construed so as to revive any act, order, bylaw or resolutionr of
part thereof, heretofore repealed.
Section 15. frrepealability. This Resolution is and
shall constitute a legislative measure of the District, authorizing
the issuance of the Note, and after the Note authorized herein is
issued and is outstanding, this Resolution shaIl constitute a
contract between the District and the registered oyrner of the Note,
and shall be and remain irrepealable until said Note shall be fully
paid, satisfied and discharged.
ADoPTED AND APPRoVED this ,fdu, of pg=g51Bgn; 1990.
ATTEST:
SADDLEBACK METROPOLITAN DISTRICT
(sEAL)
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The motion to adopt the foregoing Resolution htas 9oly
seconded by Director Fz\a-r'.>'<-<- , Put to a vote and carried on
the following recorded vote:
Those Voting YES:
Those Voting NO:
Those Absent:
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,-\.,Ja
Thereupon the Presidentr ds chairman of the meeting,
declared the motl-on carried and the Resolution duly adopted.
After consideration of other business unrelated to this
Resolution, the meeting was adjourned.
(sEAL)
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STATE OF COLORADO
COUNTY OF GARFIELD
SADDLEBACK I.IETROPOLITAN
DISTRICT
rN wrrNESs WHEREOF, rand affixed the seal of the
EqeErrg€b_, 1990.
(sEA.t)
ss.
/'^Secfetary
f , u..€"\.s {o.-rscrd , the duly elected, qualif ied and
actingsecr6t@Metropo1itanDistrict,inGarfie1d
County, Colorado, do hereby certify that the foregoing pageq
nurnbeied 1 to 23, inclusive, constitute a true and correct copy of
the record of the proceedings of the Board of Directors of the
District, adopted aL a StJ:c,r:u meeting of the Board, held
at B,rrr-e'.,te.rr r"\eil Coloridor oll l3:-"ssV r
E;: E:!z<>- A .m. r as . recorded 'in
fficordoftheproceedingsoftheDistrictkeptinmyoffice, insofar as said proceedings relate to the passage of a
Resoluiion authorizing the issuance of a general obligation note;
that the proceedings were duly had and taken; that the meeting was
duly heldi that the persons were present at the meeting as therein
shoirn; and that Not,iEe of the meeting was posted in accordance with
law.
have hereunto subscribed mY name
District, this x\rj^ day of
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I (srATEr,rENTS oF porENTrAL coNrr,rcr oF TNTEREsT)
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Reoistered
Principal Amount:
Numberc 1990-1
Original fssue Date:
*******
EXHIBIT "B''
( NOTE FORr.r )
SADDLEBACK I{ETROPOLTTAN DISTRICT
GENERAL OBLIGATION NOTE
Series 1990A
Reoistered
s3.189,100.00
Garfield County, Colorado
=>.=<,anav5€rr >1, 1990
*******************
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REGISTERED OWNER:Battlement Mesa Partners
A Colorado partnershiP
** * ** * * * * * :l * * * * * * * * * *** * * *
SADDLEBACK I{ETROPOLITAN DISTRICT, in the County of
Garfield, State of Colorado (the "District") for value received,
promises to pay to the Registered Owner identified above ( "Payee") r.
Lhe principal ium of Three Million One Hundred Eighty-Nine Thousand
One Hundred OoIlars ( $3, 189, 100 . 00 ) , together with interest thereon
as provided hetein.
This Note shall be payable in annual installments, each
in the amount of the Annual Installment, and each to be due and
payable on September 30 of each Collection Year (eagh, a "l-aymPtt
baLe"1 commencing September 30, 1990, and continuing until this
Note is deemed fully paid and discharged.
In the event that the Annual fnterest applicable to any
particular Payment Date equals or exceeds the Annual Installment
due and payable under this Note on such Payment Date, the entire
amount of such Annual fnstallment shall be allocated to an applied
as interest on this Note; and, in such event, the District shall
have no further obligation with respect to any such excess.
In the event that the Annual Installment due and payable
under this Note on any particular Palrment Date exceeds the Annual
Interest applicable to such Payment Date, such excess shall be
allocated to and apptied as principal on t,his Notel and, to the
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extent of such excess, the Outstanding Principal of this Note shall
be pro. tanto reduced.
This Note shall be considered fully paid and the District
shall be forever discharged from any further obligations under this
Note upon the earliest to occur of the following eventst (1) the
Outstanding Principal of this Note has been reduced to zero (0);-or
(21 the Nei Amount Due has been paid in fulI, notwithstanding tlat
ihe Outstanding Principal of thii Note has not then been reduced to
zero (0).
REFERENCE IS HEREBY I{ADE TO THE ABOVE-I'{ENTIONED
RESOLUTION OF THE DISTRICT AUTHORIZING THE ISSUANCE OF THIS NOTE,
AND TO ANY AND ALL }IODIFICATIONS AND AI'IENDT'IENTS THEREOF, FOR A
DEFINITION OF THE TERMS AND PHR,ASES USED HEREIN AND FOR A FULLER
DESCRIPTION OF THE PROVTSTONS, TERI{S AND CONDITTONS UPON WHICH THIS
NOTE IS ISSUED AND SECURED, INCLUDING, T{ITHOUT LIIIIITATION, THE
NATURE AND EXTENT OF THE SECURITY FOR THIS NOTE; THE RIGHTS,
DUTTES, rlrnuNrTrEs AND OBLIGATTONS OF THE DTSTRTCT AND rTS OFFTCERS
AND THE }IEI{BERS OF ITS BOARD OF DIRECTORS; AND THE RIGHTS AND
REI.IEDIES OF THE REGISTERED OWNER OF THIS NOTE.
Payments on this Note shall be payable on e_ach Payment
Date to the iegistered owner hereof in lawful money of the United
States of America, without deduction for exchange or collection
charges, by check rnailed by first class mail to the person in whose
name this Note is registered on the Note Register and at the
address appearing thereon at the close of business on the business
day next preceding the Payment Date.
This Note is the single note of a series issued for the
purpose of defraying the coits of acquisitio-n_r - construction,
inslallation, eompteCion and improvement of a public water supply
and distribution system and a public storm and sanitary sevrer
system, or a portion thereof, and is issued by virtue of and in
t-uff conformity with the Constitution of the State of Colorado,
Colorado nevised Statutes Sections 32-1-101 to -1307r 6s amended,
Colorado Revised Statutes Sections 11-57-101 to -105r ES amended,
and all other laws of the State of Colorado thereunto enabling.
The District hereby certifies that ( 1) all acts,
conditions, and things required by law to be done precedent to and
in the issuance of this Note in order to make it a legal, valid and
binding obligation of the DistrLct have been properly done, have
happened, and have been performed in full and strict compliance
with the constitution and laws of the State of Colorado, (2) this
Note has been issued in full compliance with the limitations
imposed under Part 11 of Article 1 of Title 32, C.R.S.; (3) this
ttoLe is a general obligation of the District, and the fuII faith and
credit of the District are pledged for the prompt payment of the
principal of and interest on this Note in accordance with the terms
hereofi and (4) the principal amount of this Note together with the
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outstanding principal amount of other indebtedness of the Districtis within the limitations imposed on the District on the'issuanceof such indebtedness.
This Note is a general obligation of the District, and
the fuII faith and credit thereof have been pledged to the payment
of the principal of and interest on this Note. The principal of
and interest on this Note shall be payable from general ad valorem
taxed imposed upon all taxable property within the District, except
as the same may actually be paid from other funds of the District
1egally available therefor. Payment of the principal of and
interest on this Note shall further be made from, and as securityfor such payment there are irrevocably pledged, pursuant to the
Resolution herein described authorizing the issuance hereof, thenet proceeds of any and all general obligation bonds of theDistrict (the "Bonds") when, as and if issued at any time and fromtime to time, in an amount or amounts necessary to pay theprlncipal of this Note prior to or on the llaturity Date hereof,
together with interest accrued hereon to the date of such payment.
This Note is secured by and constitutes a lien upon the net
proceeds of such Bonds, and said net proceeds are hereby
irrevocably pledged and set aside for the payment of this Note.
Provided, however, that the District ildy, at its option, apply any
legally available funds in its treasury for the payment of theprincipal of and interest and redemption premium, if any, on this
Note.
Unless the benefits of this paragraph are waived inwriting by the Registered Owner of this Note, this Note is subjectto mandatory Prepayment and redemption, from time to time, in wholeor in part, without redemption premium or other penalty, but withinterest accrued to the date of such prepayment and redemption onthe principal Amount prepaid, upon the receipt by the District of
the net proceeds of Bonds when, as and if issued at any time and
from time to time by the District.
The District may prepay and otherwise redeem this Noteprior to the l{aturity Date hereof, in whole or in part on October 1of each year during which this Note is outstanding, without,
redemption premium or other penalty, but with interest accrued tothe date of such prepayment and redemption on the principal amount
prepaid.
This Note is issued in ful}y registered form as to bothprincipal and interest. As to this Note, the person in whose namethe same shall be registered shall be deemed and regarded as theabsolute owner thereof for all purposes, and payment of or on
account of either principal of or interest or premium, if dny, onthis Note shall be made only to the Registered Owner hereof or hisIegal represent,ative. AII such payment shall be valid andeffectual to satisfy and discharge the liability upon such note to
Ehe extent of such sum or sums so paid. The District and the Note
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Registrar may deem and treat the Registered Owner of this Note as
th6 absolute owner of such Note whether such Note shall be overdue
or not, for the purpose of receiving Pa)rment thereof and for all
other purposes whatioever, and neither the District nor the Not,e
Registrar shall be affected by any notice to the contrary.
THIS NOTE IS NON-NEGOTIABLE AND NON-TRANSFERABLE.
BY THE ACCEPTANCE HEREOF, THE REGISTERED OWNER
ACKNOT{LEDGES THAT THE DISTRICT AND ITS OFFICERS, EI'TPLOYEES OR
AGENTS I'IAKE AND HAVE I'{ADE NO REPRESENTATIONS OR WARRANTIES WHATSO-
EVER AS To rHE pRopER TREATT{ENT FoR FEDERAL, srATE AND/OR LocAL
INCOI'IE TAX PURPOSES OF THE INTEREST PAYABLE HEREUNDER.
The District waives demand, presentment and notice of
dishonor and protest with respect to any payment due under this
Note. No waiver of any payment or other right under this Note
shall operate as a waiver of-any other payment 6i right, including
right of offset,. If the Registered Owner hereof enforces this Note
up5n default, the District -shall payr or reimburse such Registe-red
Oirner for, reasonable expenses inCuired in the collection hereof or
in realizing on any security therefor, including reasonable
attorney's fees.
This Note shall not be extended or renewed, l-n whole or
in part.
This Note shall be governed as to its validity,
interpretation, construction, enforcement, effect and all other
respelts by the laws and interpretations thereof in the State of
Colorado. - Notwithstanding any provision herein or in any
instrument now or hereafter securing the obligations of maker
specified hereln, the total liability for paymen!,s in the name of
iiterest shall not exceed the limit now imposed by the usury laws
of the State of Colorado.
By signing in the space provided below, the District
hereby acknowledges and agrees that this Note shall be irrevocable
for aff purposet and shall be binding uPon the District, its
respective permitted successors and assigns.
This Note may not be terminated oralIy, but only by
payment in fuII or by discharge in writing and signed by the party
wtro is the owner of this Note at the time enforcement of any
discharge is sought.
This Note shall not be valid unless authenticated by the
Note Registrar by execution of the Note Registrar's certificate of
authentication endorsed hereon.
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A11 capitalized terms used herein and not otherwise
defined herein shall have the meanings assigned in the Resolution.
IN WITNESS WHEREOF, the District has caused its corporate
name to be signed hereto by its President, and its corporate sealto be hereto affixed and attested to by its Secretary, to beeffective as of the day and year first above written,
notwithstanding the actual date of signature.
SADDLEBACK I'IETROPOLITAN DISTRICT
By:
******
CERTIFICATE OF AUTHENTICATTON
This Note is the Note described in the
Resolutlon.
above-mentioned
DISTRICT
a
Date of Registration
and Authentication:
SADDLEBACK I'TETROPOLITAN
As Note Registrar
Decer-\Ber.. )--1, 1990 Bys
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, AT?EST:
ASSIGNMENT
For value received, the undersigned hereby
selIs, assigns and transfers unto
the w Note and does here rrevocably constitute and appoint
Note
Registrar, attorney to transfer the said Note on oks kept for
within Note,with fuII power of substitution ofregistration of the
the premises.
Date:
Notice:
unless the
provided.
Assignor
The assignor's signature to this assignment, must
correspond with the name as it appears upon the face of
the within Note in every particular, without alteration
or any change whatever.
The Note Registrar will not effect transfer of this Note
information concerning the transferee requested below is
Name and Address of Assignee:
Socia1 Security or Taxpayer
Identification Number of Assignee:
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EXHIBIT ''H''
AGREE}IENT
THrs AGREEITET.II is rrade and ef f ect ive as ofFcbruary t, lestr ^by ald u,Ji"."i--ti" i;;, ;;';;;achure, aaunlcipal corporatloi of the stii. oJ'iotorado-(.ir;;achure. ) .rnd Battlerre_nl, Hesa r Inc. r a Dela*rre tlrporation (.BHI.1 , asopcrrtor of the Brttlement Hesa coriqu-n1ry--o.u.lopmenr('comrnunitv --D'gvelopment') taeiinea rs aIl tnat ii., wlthinthe Planneb uni.i-il"-r.i'ipr.nt !s identified herein) Joeated:outh of parachuter coioraao;-" j;i;t operation of Brttle_Eent t{esa, rnc. rnd Tosco cornrnuni;i"; coi-poration- (.o.r1g3sr;.
RECITALS
rn order to recure the hearth and werfare of thelnhabitants thereof ,- paractrute- intenAs to take over the op_cration of tfg. sew-e5
'y-st:m. pr"="ntri op"rared by the Grandvalley sanitation oisiiilt tn paricr,u't". BMr, in rccordance,ith the Battlement tresa plannJd u;li.Devqlopment as may beanendedr lppsoval for which ,ai-is"r"a- UV the Board of CountvCornmissioners of Garf ield county, -doi"r.do, on u"y ii,-i;U;:lntends ro design_and ;;;;rrucr interirn ana raceii.io, uasteuater trearnrent faerrirre_s l.wistJ-;;";iitii=.j "Jipabre oftrcatlng the raste uater of the Co-ririiiy Development and alsor certain portion of the raste uater oi pariir,-rl"-ir,i"tr, inBHrrs solc dlscretlon r iJ -oiti;;l;.e rJ-ui---Juiiaure f ortrcatnent ln il,: lvpe of rreatmenr facilities -"oiltrueted.
such waste Faerrrtr;; arJnore f uijiaescribed in a.liuit rA",attached hereto and aade a plrt hireof.
rn order for BMrrs waste Facirities to treat acertain portion of paraehute,s ,aiie-uater, parachute intendsto construct a rcwer urain and reiatia ricir-iti""-iro, theexlsting sewrge treatnent raciiiiies or the Grand vallevSanitation Distrlct, across the Coloiido River, to ti"';;;;lFecillties of BHf.
rt.rE recogntzed by-parachute that BMr Dlfr !s aEatter of rightr Eell or other-wi"e trinsfer the wirt" Facili_ties !t r furure trne to ! speeiar-aiJirict-oi ;I;;; govern_raental entity or pslvate coiporation.
Nod IHEREFORE, in consideration of the nutualpronises, covenants and conditlons rreiein ""nt"in"i, para-chute and BHI rgtGc rr follows:
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main and,"i;.ynil:ill:ie:'ll ::iig:,"xi;:";:il1.,1.;":;:exieting uraste vater treatment plant -presentry operated by theGrand va11ey sanitation Districl ln plrachute to the wasteFacllitlce at thc conununlty Developqlnt. BHr rhalr have ther19ht to aPProve all plans'and "p.Liii"ations ior-ul. desiqnend constnrction of tire rewer nain and reratea-i""iirti;;'I;cnaure compatibirlty ulth BHrrs waste Faeilitics, but ."Ir,--rpprover rhalr not 6e uDrcrBonably wlthheld.
2. BHf w111 contrlbute to parachute S1OO,OOO fortlrc tole purpose 9f :lgi?eering and/or constn:cting the sewerraln and rerated facilitles or-raier-faeirrti"i-;;i i;i";-fi;"30 days after signing this Agreement.
3. The rewer nain and related faeilities, designedand constructed by- parachute at its-iore cost in--"*p"nse,rhal1 be and are Lhe property of Parachute. piiicrrute shal1oPerate and malntain ttre sewlr main and related-iiciriti".-inalhall be responsible for the.dellr"ry of waste *r"i"r in an aerobiccondition to-a. Poln! or points at thi waste Facilities uounaiii'as deslgrnated by Bur. rhe^ expense of connections ;t-;";"fii;r..of-dellvery shall.be paidt by-irarachuie. parachute agrees todellver the relatlve [uantiiies of "i"te uater to cuch delivervpolnts at such rates ind tlrues ai nui n"y fron alr;-t; iilvEaJdeslgnate ln.wrlting !9 Parachute. At n6 tirne sharl peak wastesater f lows to any dellvery point o<ceed 2.2 ti.r"s the dairvtverage flou. parachute agrces_to purchase, r""iiu -;";-;iina"in
a neter or rneters to neasuie and relord the q,riniiti"i "t-";;;;'uater dellvered to the waste Facllities. Bui shalr, no i"rr---often than uonthly, be furnished a-continual-recoii of totalflow dell.very ald peak flow rates. parachute will ue reifoisiulefor and shall obta-in all neeessary perniti,-ippio""r" "i-6tiiIi-'governnental actioos as nay be neielsary oi rlluir.- i"-oia"i-todesign and constn:ct the slwer main and-related iicifiii"r-"tiJiare the property of parachute.
{. Bl{I rhall operate and maintaln waste FaeilitiesI'n accordance lltt appllcabie federal and state laws and requ-lations. rn the cvenl gur dete:rai;;4, ln its sor" ai".i"i;;;;not to continue construetlon or operaiion of the waste Facilities,Parachute shall Pc gtve" 9I,g rtghi of first refusai to purchaseand- operate the tfael,c Facllitlci; provlaea, to";;;, that suchrlght of fLrst refusal granted to iaraehure rhall-not ue-appii-cable lf Buf rells or otherwise transfers the wiite raciliti;;to a speeial district or other governmental entity or privatecorpontion and the transferee igrees to be bound'by ti,i;Agreement or lf Bur detera.lnes n5t to continue eonitnrction oftlrc uajor portton. onry-of. the r{aste pactliiia;.--iil-;i;ha'-oi-fl.r:t refusal containcd ih ttrts paragraph shalI a"trr""'iiy-!r"r,
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transfcr or novatlon. ByI sharl give written notice toparachute of tlre aforeeaia aelermiiiiio" to nor continueconstructr,on or operatr,on of the- w..i" Facllitics. saidrisht of firct reiusal ahaii b;-";iE'.r,d or-no-iiiect uponBHr 1f parachute hae not clected'Ii-pur"hase the wasteFaciritics by grvrng writien-r"tiJl It ,u"r.,-"i""tion to BHrr';lthin nrnetv--igot_favs-i;ri;i;;-I"r"rpt of said nrittennotlce fr*,. rnl. Tl,"-purcrrise-iirlI-roi-tr," w"ii" Facilitiesto be paid by parachutl to.BHi iui"u.nt ro this-iir"9r"pr,rhall be ar.1-costs for deslg-"id-I;;i;";;iii,-.iistruetion,and construction Danag..nt-r"IuItIi'o, aui--iri it" "on=tructionof and direetry rclat6d to tt,e-w;;;; Faelrlties, and feederand transnission yaste water ffnei-fh"r"to, plus fair ararketvalue at the ti-ne for any. r""i-p"oi;ry transferred toparaehure Ln conneetl0n ltrerewiltr.--irir, ;;;;;;;!-pri"e shallbe pald wirhin 180 days i;;;-6;'gr"ii;--";-;;ii;! ir elecrionto purehase. At such-rr.rne a-s- the-l"i-f,"=" iiiil-ri paid, BNrrhall transfer trtle tJ-tr," waste Fi"iritie! and the realproperty upon uhlch the waste racrriti", are located toparachute bv btrl of sale. "iit,out-iiii"ntiei ina-uv q,:itcrai:udeed. rn tire evenr paracr,ute--pu;";;;;;"iiI-nill.-i""irities,
Parachute aer.egs to pi-vid; -;";r;-;;;;, trearment sen,rce arrates coaparable to ihose "trig"d i"i'ia"na;-;r-;;richute toat1 users rir'Ln ttre c;ilurrltt';;";iii""r,t.
5-. upon corurgctron of parachuters Eewer nain andrelated faellrtreS wrir,- In. wi"tI-r;;iiiliJI; -aii-irrr treatan u'ount of parachutc uaste ratir ;qrr$;r;;r io-ti"t aarounrproduced bv a oa:rlarr:ra-"i-ioo ;i;;i":iLiry-rewer taps orapproxtrna re ty_ I os, o o o ga r ions -Fi-;:rf;G: :;i-i" -ih" rot I owin e :rn ttre evenr ?ur,
-detef;ines riria trra rnterr-u portron of thelilastc Facllltles -ls roiGa--i:lii"Jiv-prior to eornpletion ofthe aajor portion-thii;;i, paracirui!-iirr operare the otistinotreataenr Dlanr of the oti"i. niriii-sinitation District , -,rbject to-thg lPProval of trre ioi6r"a" Departrn""t-ot Eealth,and treat such piiacnute-raste uater is Bur deternines eannotbe aecepted at tlre Ga&G portron-or-in" waste paeilrtr,es.Iorl?yile cornpletron oi-tr,"-r"iJi- plitio' of the wastePaelrrties, anr rttr ticit a t6ul'GJ*rt of parachure wasteeater c$rtvalent to that an9'nt pioaucei^li-ri-t;-i;il ;il;i"_ / ,,fani1y8eL,er!1!:oritlr;r'..i"ii-Ei6loooga11onsperdayand\r
i::l i:.1::"y3y::'.:I^i1:!"-"iiii'a;-ily be autuarry asreed /upon be tueen parachut" .
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tI*t tI! "uregul'red to opcrate the r{aste ractitties or any part t}rereofln cxeess of iatcd ..pi.iiy 9r rn vrJratron of any federar,itatc or toeal lawe, iegrriti""ll iiIii."ces, or orders or tourc cxclusion of usi uy-gsers wrinin-tir" conununity Developnent,nor rhall BHr. lneur. an!, rrarititi-to i"r".hute ln-conneetl0ntrlth uasre uarcr not tieiiia-puiiuiit-io the teras of thisparagraph.
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5- Parachute lgrees to pay BHr s?50 for eaeh rateof 350 gallons pcr day of triste "ii"l (saiO rate of 3SO gallonspcr day of vater rhall bc- herein"tiei referred to as .Equiva_rent euantrty Rate" end.:ha1r cquiie io " single_farnily relrert.pJ, gt portlon thereof , pe:mittea-tnro"9;-;;;; lewer taoauthorlzed after febnrary. i, l..gir-UV parachute,
";-;; Eilravalley sanltatlon Dlstrilt ln the'.rint ttre opei"ilon= of saidEanltatron Drstrr,ct are ,l*:n """r-ii parachui" cG""grent toFebruary 1, 19gr r or f ifty p"r""rri oi tr," "r,iie"-ior cuch taonade bv Parachute or Grani tartii-siiii"iil"'iil.ii"tl-"iii"f,Icver anounr ls greater. rn no cient erraii-ir;;-;;yment to BMrbe less than fiity percent.of *re-Iip fee_chargea irithin thecoununlty Developlnent for the Bane
-afo" or usei. - suctr paymentto BHr rhall be nade withln 30-days-lf ,"""ipt by parachute,or withln 30 days after this-igi"l""il i" signed, whichever r.slatcr
rn additlon, parachute Egrees to remit on a nonthlybasis to BHr a se:nrice charge based-on " serrrice charge rateegual to ${.50 for each fgriv"f.nt-O"antity Rater or portiontlrereof , of wasre water-p6-riit-d-tiiougr, i s"r"r i"p pr""_ently exrstr.ng^or hereafier authoriiea by parachute or Grandvaltey sanrtation Dietrict. _Th; ;;;ti", agree thar ttrissenrice charge rate nay be adrjuitEa-ii provided herein tocotrpen'ate Bt{r s'r_v3ryfng eoits of treltrnent and operations.9"19 plrrnents sha]] f"iit,-errecii"" tt" flrst furl monrlrfolloning tlre nonth in-vtictr-ili-;;gfi, treating parachureuagte uater.
said serrriee charge rate sharl. be applicable throughDccerober 31, L9g2. The partiis-igi"""u,at on or abourNovenber l, l?82, anrd on'or arout-Noveroer i oi-"""h yearthereafter BHr aiy give eviden.J-tJ-ilrachure or-inereases inthe costs of treatnint of waste water and operations of wastePacllltles on tlre basis of Eguivii;;I eua'titt-R.Gr oEportions threof, over the avi3a99 oi-siia "oiir-Euiing ttreone-year perlod endrng Novcnber-l of the prio;-viii. -seventy
{70l.days- after paracf,ute has-u"-n-tr".n such evldence, theserrrrce eharge rate shatl be tncir"i"a-uy-uri ;;;-;:rcenragelnerease der6rmi"ca li-ai"rarn;-ur;-iicreased cosrs rorEgulvalent Q'antlty ni!q" by ttie-iveiige or such cosrs forthe one-year perloE endLng ilovenber i or ir,"-piioi-y."r. Forthe purpoBes .or any Lncreises In such costs as Eray be evidlencedoD or about Novernber L, l9g2 onlyr the averrge costs fortreatnent of raste uater and opeiitions of t{aste Facllltiesthall be defined ae S{.SO pe-r Eg-uf"iient Cuantiiy-n"t"r orportion Urereof r !8 of Novinber'1, ii8f .
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In nq-.lvcnt, however, rhall any -.rch service chargebe less tlran aD amount which 1s determined by multiplying th;corts of treatment and operations of all uasle uatei Lhrougt-rl{aste Facllitles by the ptoportion that the amount of paraihute
rraste nater treatcd tlrrough waste Facilities bears to thetotal amount of uaete Lrater through waste Facilities in anygiven Eonth.
ff pureuant to Paragraph 5 herein, BMI ls unable totreat all of Parachutet! waste water, the total rronthly s".ri""charge reguired !y ttrls Paragraph 5 to be remitted to gr:r ahalibe adjusted in the proportlon that the amount of parachute
uaste water actually treated through tlaste Facilitles bearsto the total anount of Parchute vaste water tendered byParachute to BMI PurEuant to thls Agreement during a pirtieular
Donth.
BMI may refuserater lf Parachute fails
each followlng nonth theaecned during the nonth.
day of the month when due
to accept any of Parachute | 6 wasteto renit to BMI by the 15th day ofpayments set forth herei.n as have
Payments not received by the l5thehall bear lnterest from the firstday of !hgt- sronth at the prirne rate charged by the largestcorrnercial balk Ln Denver.
At sueh tlroe aE parachute (or Grand Va1ley Sanita-tlon Distriet, as the case nay be) has authorized slwer taps,with a total g:antity of approxiroately 630rooo gallons perd"y, from and af ter Febnrary 1 , 1981 ,
- and empensated BLftherefor, and provided tlrat Br,r has not ex-DenEed capitallnvestraent in cxcess of that eontemplated Lo constriet thel{aste Faeilities described in Exhibit 'A", no further com-pensatl.on (except the nonthly serr,rice chargel for additionalaelrer taps r !s rnay be agreed upon between parachute and Bl{t,uhose waste nater ls to be treated at Waste Facilities shalibe reguired. Should further expansion of the waste Facilitiesbe advantageous beyond this capiclty, parachute and BHr agreeto negotiate the anount of financlal eontribution, if anyl tobe roade by Parachute to such an expansion.
7. Reprcsentatlves of BHf and Parachute shalI
have access at reasonable ti-nes to the other parties I personnel,books, records, reeelpts, vouchers and all ot}er uenorlndaand data pertai.ning to the natters aet forth herein under thisAgreement for the purposcs of auditing and verifying taps andrelated charges or for any other reasonable purpose. Therepresentatlves of Bl{I and Parachute shall have the right toreproduce any of thc aforcsaid ruaterials, and BHI and Parachuterhall pregcrnTe all of thq aforeeald materials for a perlod oftwo yeare after ttrelr creation.
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8. F rchute tgrees that tny ir ,rstr ial and com-
nerclal yaste viEr{in the HastG rr!ter shall'6eet lPPlicable
resutations or ordinlncc8. BHI has no obllgation to aecept
dcilvery of EePtic aeuage or any other uaste yater fron
parachute vhich is noE tuitablc for trcatnent in BHi's t{aste
Facilltiee.
9. Parachute and BMI agrre tc cooperltG ln seek-lng designatlon of the Waste Facillt,lcs ts t rcgional Hrstetratcr treatnent f,acility for the Parachute,/Community Dcvel-
opnent trcai Provlded, howeverr that BHf reseEves the stght to
declde vhether and undcr uhat terms any additional uaste Haterother than that descrlbed ln Paragraph 5 herein nay be de-llvered to the t{lste Facilitics. rn the event parachutc isdcsignated as thc uastc uatcr mrnrgen!nt !gency for this area
undcr applicablc rratcr qulttty laws, Parachute agrees that, tothr cxtent permitted by lau, it will take no sction with
resPect to any struetural or operatlonal modifieation of or inrny usy affecting BHI's h'aste Facilities uilhour the priorcxpress uritten consent, of BMr. Parachute further rgrees'thtt, to the cxtent, pernritted by law, BMI shall be designatedthe operrting agency for the t{aste Facilities.
lO. Any liability ineurred tV parachure ln theconstruction or operation of the reuer nain and relatedfacilitics referrcd to ln Par!graph I hereof ehall be lts soleliablllty and lt agrces to lnderunlfy and hold harnless BMI andGrners against all liabilitlcs, Judgnents, costs, danages andettorneylt fees Cor toss, darnige or injury to perion orproperty rcsulting fron said const,ruetion and operltion,
Any llabillty lneurred by BHI ln the construction oroperatlon or lts t{aste Flcillties shall be its sole liability
and lt tgrees to lndenrnify and hold harnless Parachute rgainstall liabilltles, judgrnentsr costs, damages and attorneys,fces for loss, danage or lnjury to person or property resultingfron said construction and operrtion.
Any if"Uility incurred by Parachute or BHI nhichtnvolves the conttlbutory negligence of the other shall betPportioned pursuant to Bhc proportion of negligence of eachpar ty.
No party hercto shall be responsible or liable inany uay for acts of God or any other act or acts or onissions
bcyond thc control of, such party uhich uray in any rray cruse
danage or lnjury rctatlng to the construction or operation of
Parachute I g rcwcr nain and related f acil ities or of Btill's
Wastc Facilltlcs. .
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11.. grbjc^ct to the provisions of paragraph { here-ln and the right of BHf , In - irs sole discret'io-rie to notcontinue construction or operations of the t.laste Faciltti;;,Parachute and BMI .agree that this Agreement urill continue-incffect until terninated by a nutual- agleement of the partieshcrcto.
L2. Any and all notiees contemplated or requiredby this Agreement shall be directed to tte parties "i roflo"si
Town of Parachute
Town Hanager
P.O. Box 217
Parachute, Colorado 81635
BHI
Battlement Mesa, fnc.
Pres ident
P.O.Box 308
Grand Junction, Colorado 8lSO2
changes in the. designation may be nade by notifying the otherparty in writing at the above address.
13: _ This Agreenent is nade in conforrnity uith andpursuant to Colorado laur and Parachute and BHI affirnrativiiidcclare that each has full authority to enter into thisAgreement.
l{. rn the event, any agreetnent contained inthis lgreenent should be breached-uy iittrer party ana therelafter raived by thc other p!rty, suih waiver inafi Ue finritedto.the particular breach so waived and shall not be deemed touaive any other breach hercunder.
15. rn tlre event BHr or its Eueeessors or assiEns1s regulred to Lnstitute legal proceedings to secure paymentsdue under ttrl-r Agreenent, pirachute agreis to pay the costs andcxPenses of ttre plaintiff ln connection with such proceedings.
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16._':h1s Agreenrent shall Inure'to the benetit ofthe rucceEsorr end rsiigns of tl,i-pai-ti;a h;ri[i
rN HI?NEss WHEREOF the parties have set their handsrnd scals cffcctive the day and v"ii-iirst "ritt"n-iuor..
AITEST:
/h/*ail,,TG{NCLffi
TCIdN OF PARACHUIIE, COLORADO
BATTLE}IEMr ORATED
BY
'7
-8-
llEsA, r
AT?EST:
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AS|SIGNI'{ENT OF WA^STET|ATER AGREEHEMT
^r l\^lHrs ASrirGM'IENT is made and entered into this 2orn a^yur L'e"^he/ ,. .1989, by and between nemr,Eurrrt-nrsalrNc., a Delaware corporation i"iig--business in the state ofCOIOTAdO (.'BMI''; ANd BATTI,EITENT MiSE XETROPOLITAX DISTRICT, Aguasi-municipal - c:orporation and poritlcar subdivision of thestate of colorado (,Hetro District'i1 lcottectiveiy th; ,,partiesir).
RECTTAI,S
wHEREn-s, gyl entered into a certain agreement datedFebruary L, 198r., with the Town of parachute ,"g.iding the con-struction of wastewater treatment facilities and the treatmentof wastewater (ther rrAgreementr,); and
WHEREAS, the Agreement is freely assignable; and
*HEREAS, BMr and the Metro District desire by thisassignnent to effectuate a comprete a"signreni or-irqr," rightsand obligations pursuant to saia agrl"ro"nt;
Now, THEREFORE, in consideration of the foregoingrecitars, the mutual covenants contained herein and other goodand varuable consj.deration,_ lhe ."."ipi and sufficiency of whichare_ hereby acknouredged, BMr and th; Metro District agree asfollows:
COVENAIflTS A}ID AGREEI,IENTS
1. Assiqnment of Aqreement. BMr hereby assigns,9elegates, transferrJ and conveys to the Hetro District all ofPIr': rights, dutJ.es, obligatioirs and iesponsibiiiiies in and tothe Agreement subj,act to ttrl term= ura provisions thereof .
2- _ Assrrmotion gf Duties. The Metro District herebyaccepts said Agreetnent surject to ttre terms and provisions there-of, and assumes, covenantj and agrees to pertorri and be bound byeach and all of tlre dut,ies, obligations ind responsibilities ofBMr thereunder ?nd agrees to trotd eur harmless irom any fairureby the Metro oistrict to do so subject to the terms of thisAssignment.
3 - warr:anties by Bl,!r. Bur hereby covenants with andwarrants to the Hel:ro District as follows:
(a) At the tine of the execution of this Assign-ment, BHr is the lawful owner of interests in and to the Agree-ment.
I rransrerred ". j:1,.;II jff
"?"!.S'il;;i:tJr.1""r:r,"i:11.:::t?l"l;I
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to the Agreenent.
(c) BMI will not hereafter attenptassign, transfer, or convey any of its rights, titlein or to the Agreerment to any other party.
I (d) BMr will not attempt to modify,r ninate or waive any of the terms or conditlons of the
6. B:tJrdinq Effect. This Assignnent shall
upon and shall irrure to the benefit of the Partiestheir respective siuccessors and assigns.
7. Governing Law. This Assignment sha1l be
ln accordance wittr the laws of the State of Colorado.
IN WfTNESS WHEREOF, the Parties hereto have
this Assignment ttre date and year first above written.
BATTLEUENT MESA, rNC.
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(e) BMI is not in default under the terms of the
Agreement.
4. No Other Representations. Except as otherwiseprovided in parar;raph 3 hereof, this Assignment is made and
accepted without any representation, promise or warranty, either
expressed or inpli.ed by BUf, and the Metro Dlstrict shall have no
recourse to BMf in any event whatsoever, and the Metro District
hereby discharges BMI for any liability under the Agreement or in
connection with ttris Assignment except for those rnatters provided
in paragraph 3 hereof.
5. Inilemnification. BMI hereby agrees to hold harn-
less the Metro Disitrict, its consultants, successors and assl9DS,
against any and all liability, loss or danages the same tray
suffer from the result of claims, demands, costs or judgrments
agalnst the Metro District relatlve to the warranties made by BMI
in paragraph 3 above. This indemniflcation sha1I include but
shall not be limit,ed to costs, damages and reasonable attorneysl
fees.
to furtheror interest
amend, ter-
Agreement.
be bindinghereto and
construed
executed
President
ATTEST:
{'
By:
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ATTEST:
as
I{ITNESS ny hand and of f lclal seal.
BATTLEI{ENT TTESA METROPOLITAN
DISTRICT
By: il"zA.ZZ.A,
William w. tUfae, vice President
ed before me
of Battlement Mesa, Inc.
of Battlenent Mesa Metropoll-
By: vza 7k
Title: R. A. Foster, Secretary
STATE OF
COUNTY OF
this 3g
and
and
STATE
COUNTY
)) ss.
)
The
day
foregoing instnrnrent gras acknowlof . Dn^.rr,.,\r^ , 1989, by R.,&
COIPRADO
tur:ro
The foregolng lnstrunent lras ad"J-E*)aro 0.^ ,1989h,Pythis
and
andtan Oistrlct
WITNESS my hand and off
tly couurission expires:
OF
OF
et'
)) ss.
)
lcial seal.
)o -L -?o
Notary Public
COI'RADO
(ASGlrUAIn. AGX )1) g S*iA"al!' g^'
ts#^;$h^e*/%
ledged befo
as
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EXHIBIT ''I''
FACILITIES SERVICE AGREEMENT
between
BATTLEMENT }.IESA METROPOLITAN DISTRICT
and
CONSOLIDATED METROPOLITAN DISTRICT
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'$$$t1
FACILITIES SERVICE AGREEMENT
THIS AGREEUENT is made and entered into and becomes
effective this day of , L99L, by and between
BATTLEI'{ENT I'TESA METROPOLITAN DISTRICT ( .'Metro DistriCt..) , ANd
CONSOLIDATED METROPOLITAN DISTRICT ( "Consolidated" ), both quasi-
municipal corporations and political subdivisions of the State of
Colorado (Jointly referred to as the "Districts" or individually as
the "District" ) .
RECITALS
WHEREAS, among the purposes for which the Districts were
forned, among others, and for which this Agreement provides is the
provision of park and recreation facilities and services; and
WHEREAS, pursuant to Colorado Constitution Article XIV,
Section 18(2) (a), and Section 29-L-203, C.R.S., as amended, the
Districts may cooperate or contract with each other to provide any
function, service or facility lawfu1ly authorized to each, and any
such contract may provide for the sharing of costs, the imposition
of taxes, and the incurring of debt; and
WHEREAS, each District has, pursuant to Section 32-L-205,
C.R.S., prepared a Service PIan describing the scope of services
which are to be provided by the Distri-cts, aII of which have
received the requisite governmental approvals prior to the date of
this Agreement; and
IJHEREAS, each District's Service PIan establishes the
necessity for and desirability of an intergovernmental agreement
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hrith respect to the operation and maintenance of certain public
improvement,s and the provision of certain services; and
WHEREAS, each District was duly organized, with the
approval of each District's respective electors, fully
contemplating cooperation among the Districts as described in their
respective Service Plans; and
WHEREAS, the Districts agree that the Park and Recreation
Improvements and Services are needed by each District, and that
the f'acilities and Services wiII benefit the property owners in the
Districts in terms of cost, guality and level of service; and
WHEREAS, the Districts desire to implement a policy
whereby, if feasible, user fees for recreational facilities will
pay most of the costs of such facilities while reliance on ad
valorem taxes for such purposes is minimized; and
IIHEREAS, Metro District will oPerate, maintain, and
administer the Facilities and Services and Consolidated wiII pay
the Actual Service Costs as contemplated by the Service Plans and
this Agreement;
NOII, THEREFORE, in consideration of the mutual covenants
and stipulations hereinafter set forth, the Districts agree as
follows:
ARTICLE T
DEFINITIONS
1.1. As used throughout this Agreement, the following terms
are defined as follows:
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a. ) "@" 3 aII operation, maintenance,
and administration costs actually incurred by Metro District in the
performance of the duties and services required by this Agreement.
b. ) "@" t the lawfully organized Boards
of Directors of the Districts.
c. ) "Elgdgpllcets" 3 the year immediately following the
planning Year, during which Actual Capital Costs and Actual Service
Costs are to be incurred.
d. l "Commencement Date" 3 the first business day of
L992.
e. ) "CUSE94C.S." 3 the residents, property ownersr of,
persons served by or receiving benefits from the Districts.
f . t ,,District Facilities" 3 those various facilities and_-,
improvements as are specified in the Service Plans, which are
generally comprised of the Park and Recreation Improvements and
which are more fully described on Exhibit A attached hereto.
g. ) "@" 3 any repair or replacement of
District Facilities which, in the opinion of Metro District,
requires immediate action in order to avoid damage to the District
Facilities or danger to the Districts' residents or others.
h.) " ": an estimate or forecast,
of the anticipated Actua1 Service Costs made during the Planning
Year for the upcoming Budget Year.
i. ) '!,Malor Repairs or Replacement":any single repair
Facilities whichor replacement of any portion of the District
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requires an estimated total expenditure in excess of Ten Thousand
Dollars ($10,000.00).
j.) tr Park and Recreation fmprovements"3 the varioug
park and recreational facilities and improvements, including, but
not limited to, Iandscaping, trails, parks, pathwdYSr winter
recreational facilities, open space improvements, and related
appurtenances and improvements, which are more fulIy described in
the Service Plans.
k. ) "Blggrritg-Jg" 3 the year immediately preceding the
corresponding Budget Year.
f.) " "3 those documents
prepared by Metro District for submission to Consolidated during
the Planning Year which include a schedule for deposits into the
Service Fund Account.
m.) " "3 thatfeeimPosedbY-. ,
Consolidated pursuant to the terms of Section 4.1..a. hereof.
n.) " "3 that account, owned and
established by Metro District, into which Consolidated shalI
deposit the fuII amount of the Est.imated Service Costs and Actual
Service Costs for the District Eacilities.
o. ) "@" 3 the Service PIan for the
Battlement Mesa and Consolidated Metropolitan Districts as aPProved
by the Garfield County Board of County Commissioners as the same
may be amended from time to time.
p.) " "3
Hundred Thousand DoIlars ($7r500r000) .
Seven llilIion Five
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ARTICLE II
OPERATION, MAINTENANCE, AND
AD},IINISTRATION OF THE DISTRICT FACILITIES
2.L. Overall Operation, Maintenance, and Administration of
District Facilities. During the term hereof, Metro District shalI
use its best efforts to oPerate, maintain, and administer the
District Facilities.
2,2. RecordkeeBing and Financial Planning.
a. ) Accounts. fn connection with the operation,
maintenance, and administration of the District Facilities, Metro
District shall maintain accounts for Consolidated in accordance
with generally accepted accounting principles, and present regular
financial reports, including summaries of receipts and
disbursements. These materials shall be available for examination
by Consolidated during regular business hours uPon request. If
Consolidated shall cause an audit of the books of account and
financial reports maintained pursuant to this Section 2.2. and sald
audit sha1l lead to a legal determination of gross negligence'
fraud, or wanton misconduct in the performance of the duties
required of lletro District by this Agreement, Metro District shall
promptly reimburse Consolidated for the cost of the audit, as well
as for any additional sums deemed payable as a result of the audit.
Otherwise, the costs of such audit shall be borne by Consolidated.
Metro District shall also do the following:
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b.) Audit Assistance. l{etro District sha}I assist any
auditors hired by Consolidated in the preparation of its yearly
audit as required by the laws of the State of Colorado.
c. ) Files anLRceards. Metro District shall keep and
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maintain accurate files of all contracts concerning the District
Facilities, and all other records necessary to the orderly
administration and operation of the District Facilities which are
required to be kept by statute or by regulation of the State of
Colorado or the United States.
d. ) Other Services. Metro District shall perform such
other services as may from time to time be reasonably necessary to
assure that Consolidated is in compliance with all applicable
federal and state statutes and regulations and with county and
Ioca1 laws applicable to the operation of the District E'acllities;
provided, however, that all such expenditures shall be made and
reimbursed in accordance with this Agreement.
2.3. Metro District to Provide Oualified Personnel. Metro
District shall employ qualified personnel, which personnel shall
perform duties including, but not necessarily limited to the
following:
a.) Operations. Operation of the District Facilities.
b. ) Maintenance. Performing normal maintenance and
normal repairs necessary to continue the efficient operation of the
District Facilities.
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c.) Subcontractor Services. Providing for the services
of subcontractors necessary to maintain and continue the efficient
operation of the District Facilities.
.2.4 . lta jor ReBairs and Replacements . I{etro District sha}I
maintain and operate the District Facilities including the
procuring of aII inventory and supplies necessary to perform the
services required under this Agreement. MaJor Repairs or
Replacement to District Facilities shall be paid by Consolidated.
Such payments shall be made within thirty (30) days from the date
on which Metro District presents an itemized estimate of the cost
of the l{ajor Repairs or Replacement. Except for Emergency Repairs,
and any Major Repairs or Replacements which are not funded by
Consolidated pursuant to Article IfI hereof, the funding by
Consolidated, of all Major Repairs or Replacements must be
previously approved by Consolidated.
ARTICLE III
FINANCING
3.1. payment of Costs. Except for those costs associated with
MaJor Repairs or Replacements which shall be paid by Consolidated
in accordance with Section 2.4, Consolidated shall pay all Actual
Service Costs in accordance with this Article III.
3.2. Service Fund Accounts.
a. ) Establishment. On the Commencement Date,
Consolidated shall deposit into the Service Fund Account one-fourth
of the Estimated Service Costs for the initial Budget Year. The
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remaining one-fourth quarterly deposits shall be made on or before
April L, JuIy L, and October 1 of the initial Budget Year.
Metropolitan District shall have the authority to make withdrawals
from the Service Fund Account. The funds deposited in the Service
Eund Account, together with interest earned thereon, shall be used
solely for the purpose of paying the Actual Servi-ce Costs for the
Initial Budget Year.
b. ) Continuation. Commencing in the immediately,
following Budget Year and continuing thereafter, Consolidated sha1I
deposit the Estimated Service Costs for such Budget Year into the
Service Fund Account in quarterly installments, in such amounts as
the Districts may agree to during the preparation of their
respective budgets. Unless otherwise agreed by the Districts, one-
fourth of such deposit sha1l be made on or before February 1,
May 1, August Lt and November 1, of the Budget Year respectively.
Metro District sha}l have the authority to make withdrawals from
the Service Fund Account. The funds deposited in the Service Fund
Account, together with interest earned thereon, shall be used
solely for the purpose of paying the Actual Service Costs for the
Budget Year.
c . ) Accounting. Palrments .AIl deposits and/or
withdrawals made with respect to the Service Fund Account
shall be separately accounted for by I'letro District . If , during
the Budget Year, Consolidated has deposited into the Service Fund
Account more than is necessary to meet the Actua1 Service Costs for
the Budget Year determined pursuant to Section 3.1., any net
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overpayment shaII be credited to Consolidated's liability for
deposits into the Service Fund Account during the following Budget
year. Any net underpayment shalt be added as an increment of the
next succeeding year's Estimated Service Costs. fn all cases,
lletro Oistrict shaII use its best efforts in the operation,
maintenance, and administration of the District Facilities to not
exceed the Estimated Service Costs for such services during the
Budget Year without the prior written authorization of
Consolidated.
ARTICLE IV
FEES AND CIIARGES FOR SERVICES, REVENUE PLEDGE
4.L. Recreational Facilities Fee.
a). Fee Required. To fund its palrment obligations
hereunder, Consolidated shall impose its Recreational Facilities
Fee for facilities, programs, and services furnished to the land
and inhabitants of Consolidated, said Recreational Facilities Fee
to be: upon residentially developed land, in an amount not to
exceed $2O5.OO upon each dwelling unit whether single-family or
multi-family; and upon vacant platted residential land, in an
amount not to exceed $205.00 per each lot. In no event' shall non-
residentially zoned or platted properties be assessed a
Recreational Facilities Fee. The amount of the Recreational
Facilities Fee per unit and per lot, as described above shall be
uniformly determined and established by dividing the Estimated
Service Costs by the aggregate number of units plus lots.
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Recreational Facilities Fee shaII be utilized soIeIy for the
payment of the Estimated Service Costs payable hereunder' Such
Recreational Facilities Fee, whenr dsr and if received and held at
any time and from t.ime to time during the term of this Agreement,
together with aII securities in which the same may be invested from
rime to time, ARE HEREBY IRREVOCABLY PLEDGED AND SET ASIDE to
secure the payments due hereunder. This pledge shall be valid and
binding from and after the Effective Date hereof, and such amounts,
as received by consolidated and hereby pledged, shall immediately
be subject to the Iien of this pledge without any physical delivery
thereof, aDY filingr oE further act. The lien of this pledge and
the obligation to perform the contractual provisions hereby made
sha11 have priority over any or aII other obligations and
Iiabilities of the District, and the tien of this pledge shall be
valid and binding as against aII parties having claims of any kind
in tort, contract or otherwise against the District, irrespective
of whether such Parties have notice thereof'
4.2. trletro District Fees and Charges.
a. )The
Districts agree that Metro District may assess incidental certain
user fees, rates, tolls, charges and penalties for the use of the
District Facilities, (such as locker fees, towel fees, tuition,
breakage penalties, etc.) and Metro District has full authority to
collect the same. The authority of the D1etro District to charge
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for services under this section 4.2 shall not be deemed to be a
substitute for the Recreational Facilities Fee.
b. ) Metro District Fees and charges Policy. In the
determinati-on of its user fees, rates, tolls, charges and penalties
pursuant to section 4,2.a., it shall be the policy of the Metro
District to set the same in differing amounts for different classes
of customers. Customers who pay ad valorem taxes which suPPort' the
park and Recreation Improvements may be charged differently than
those customers who are from outside of Consolidated but who are
within the parachute/Battlement Mesa Parks and Recreation District
who, in turnr mdy be charged differently than customers who are
from outside of aII of the above-referenced Jurisdictions. Fees
and charges paid by customers or ProPerty from within consolidated
shall not be higher than fees and charges paid by customers from
outside of Consolidated.
4.3. public Use. The Districts agree that the District
Facilities may be, in the sole discretion of Metro District, open
to use by any member of the public whether an elector of either
District or not, and that Metro District has fuII and unfettered
authority to make the District Facilities available to the public
on such terms and conditions as Metro District may deem
appropriate; provided, however, that it is contemplated by the
Districts that the use by the public wiII be taken into account
during the annual establishment of the Service Fund Account, and
provided further that in accordance with Section 4.3 below aII
costs of operating the District Facilities for the PurPose of
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making them available to that part of the public that is not Part
of the consolidated electorate shall, to the extent distinctions
are reasonably possible and cost-effective, be paid and accounted
for seParateIY.
4.4. Separate Expenses. AIl expenses of Metro District and
Consolidated not related to the operation, maintenance or
administration of the District Facilities Pursuant to this
Agreement, and not related to the provision by Metro District
of the services contemPlated herein to proPerties included within
the boundaries of Consolidated, shall be the independent
responsibility of each District and, those expenses shall be paid
and accounted for independently by each District.
ARTICLE V
GENERAL PROVTSTONS
5.1. Budget and Appropriations. The Districts shall, during
the term of this Agreement budget annually for the provision by
consolidated of the Estimated service costs, in accordance with
this Article V; provided, that the obligation on the part of
Consolidated to deposit money into the Service Fund Account sha1l
not exceed, in any Budget Year, the sum of $5001000.00.
a. ) preliminary Budget Process. During the term hereof,
Metro District, in consultation with consolidated, shall in each
year prepare and submit to Consolidated a set of Preliminary Budget
Documents, for the forthcoming Budget Year. Metro District shall
deliver the Preliminary Budget Documents to Consolidated on or
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before September 1 of each Planning Year. The Preliminary Budget
Documents shallr dt a minimum, set forth the Estimated service
Costs for the Budget Year in accordance with this Agreement and in
accordance with generally accepted accounting principles'
b.) Budget Review and ApBroval. on or before october 1
of the Planning Year, Consolidated shaII either aPprove the
preliminary Budget Documents or propose in writing to Metro
District additions to and/or deletions from the Preliminary Budget,
Documents. Consolidated may proPose additions to and/or deletions
from those portions of the Preliminary Budget Documents which
directly obligate Consolidated to appropriate and expend funds
during the Budget Year and shall endeavor to do sor if it so
chooses, by October 1 of the Planning Year.
c. ) Budget Revision. The Districts shall, in good
faith, discuss and attempt to reach an agreement with resPect to
the Preliminary Budget Documents.
In the event no agreement can be reached with respect to
proposed additions and/or deleti-ons to the Preliminary Budget
Documents, the Estimated Service Costs shall be the Actual Service
Costs less the costs incurred for capital improvement proJects for
the current Budget Year.
d. ) Appropriation of and Provision for service Fund.
Eollowing the finalization of the Budget Documents, Consolidated
shall budget and appropriate funds for the Budget Year as required
by the Budget Documents to meet the fuII amount of the Estimated
Service Costs to be incurred during the forthcoming Budget Year.
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in this Agreement shalI be accelerated and become immediately due
and payable.
c.) Limitations. Except as provided in this Article v,
this Agreement may not be terminated and no breach of this
Agreement by either District shall justify or permit termination of
either District's continuing obligations under this Agreement' fn
addition, the deposit by consolidated into the service Fund Account
of the Estimated Service Costs either on the Commencement Date or
at any subsequent deposit dates shall not affect Dletro District's
obligation during the term hereof to perform its continuing
obligations under this Agreement.
5.3. Ownership of District Facilities. Ownership of all
District Facilities shall be in Metro District. upon the
termination of this Agreement, Metro District sha1l have full
authority to dispose of, keep, destroy, seIIr oE otherwise deal
with the District Eacilities as Metro District, in its soLe
discretion, deems aPProPriate.
5.4. fnsurance.
a. ) Provision of rnsurance. The Districts shall
maintain at their respective sole costs the following types of
insurance coverage with companies and in amounts acceptable to the
other District's Board
(i) General }iability coverage in the minimum
amount of $150,000 per person/per occurrence and $400r000 per
occurrence, or in an amount reflecting the current level of
governmental immunity provided by statute, whichever is greater,
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protecting the Districts and their officers, directors, and
employees against any loss, liability, or exPense whatsoever from
personal injury, death, property damage, or otherwise, arising from
or in any way connected with management, administration, and
operations.
(ii)Directorsandofficersliabilitycoverage
(errors and omissions) in the minimum amount of $150r000 per
person/per occurrence and $400r000 total per occurrencer of, in an
amount reflecting the then current level of governmental immunity
provided by statute, whichever is greater, protecting the Districts
and their directors and officers against any loss, Iiability, Or
expense whatsoever arising from the actions and/or inactions of the
Districts and their directors and officers in the performance of
their duties.
(iii) The foregoing notwithstanding, Dletro District
sha1l make provisions for workmen's compensation insurance, social
security employment insurance and unemployment comPensation for its
employees performing this Agreement as required by any law of the
State of Colorado or the federal government and shalI, uPon
request, exhibit evidence thereof to Consolidated.
(iv) Metro District shall maintain property
insurance on the District Facilities and their contents, if any' in
an amount adequate to replace them if destroyed' The cost of said
insurance shall be a component of the Estimated service costs in
each year and shall be paid from the service Fund Account.
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5.5. Remedies. In addition to any other available remedies'
in the event of a breach of this Agreement, either District may ask
a court of competent Jurisdiction to enter a writ of mandamus to
compel the Board of Directors of the breaching District to perform
its duties under this Agreement, and eit'her District may seek from
a court of competent jurisdiction temPorary and/or Permanent
restraining orders, oE orders of specific performance, to conPel
the other to perform in accordance with the obligations set forth
under this Agreement, including, without }imitation, its obliga-
tions with resPect, to the issuance of bonds or other indebtednesg
and the imPosition of fees.
5.6. Miscellaneous.
a.)RelationshipofParties.ThisAgreementdoesnot
and shall not be construed as creating a relationship of Joint'
venturers, partners, or employer-employee between the Districts'
b.) Liability of Districts. Except as provided herein,
no provision, covenant or agreement contained in this Agreement,
nor any obligations imposed herein nor the breach thereof, nor the
issuance and sale of any bonds by one District shall constitute or
create an indebtedness of the other District wit,hin the meaning of
any Colorado constitutional provision or statutory }imitation' No
District shall have any obligation whatSoever to repay any debt or
Iiability of another District.
c. I Assionment. Neither this Agreement, nor any of a
authorities hereunder maYDistrict's rights, obligations, duties or
be assigned in whole or in part without
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the prior written consent
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of the other District. Any purported attempt to assign this
Agreement or any rights hereunder shall be void and of no force and
effect. Consent to one assignment shall not be deemed to be
consent to any subsequent assignment, nor the waiver of any right
to consent to such subsequent assignment.
d. ) Modification. This Agreement may be modified,-,
amendedr oE changed in whole or in part, only by an agreement in
writing duly authorized and executed by the Districts.
e . ) I{aiver. The waiver of a breach of any of the
provisions of this Agreement by either District shall not
constitute a continuing waiver or a waiver of any subsequent breach
of the same or another provision of this Agreement.
f.) Integration. This Agreement together with each
District,s Service PIan, contains the entire agreement between the
Districts and no statement, promise or inducement made by either
District or the agent of either District that is not contained in
this Agreement shall be valid or binding.
q. ) Severability. Invalidation of any of the provislons
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of this Agreement or of any paragraph, sentence, clause, phraser ot
word herein, or the application thereof in any given circumstances,
shall not affect the validity of any other provision of this
Agreement.
Nq Third Partv Beneficiaries. This Agreement is
made solely for the benefit of the Districts, and no third parties,
including any holders of indebtedness or electors of the Districts,
h.)
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If to Consolidated:Consolidated Metropolitan District
P.O. Box 6116
Battlement Mesa, Colorado 81636
Calkins, Kramer, Grimshaw & HarringCopy to:
One United Bank Center
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
Attn: Matthew R. Dalton
or at any other such addresses as said parties may hereafter or
from time to time designate by written notice to the other Party.
m. ) Governmental Authority. The Districts shall comply
with any and all valid state, federal or local laws or regulbtions
covering the subJect of this Agreement, and any and all valid
orders, regulations or licenses issued pursuant to any federal,
state or local law or regulation governing the subJect of this
Agreement.
n. ) Effective Date. This Agreement shall become
effective the day and year first above written.
o. ) Right to Use. At atl times during which this
Agreement is in effect, Metro District shall have the right to use
and possess those items or parcels of personal or real ProPerty
owned by Consolidated which are required to further the purposes of
this Agreement. Tf such items of real or personal ProPerty arc!
leased, Consolidated agrees to make all Pa)rments which may be
required thereunder.
fN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above vrritten.
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STATE OF COLORADO
COUNTY OF
Secretary of Consolidated Metropolitan
WITNESS my hand and official
My commission exPires:
Notary PubIic
( SEAL)
)) ss.
)
The foregoing instrument lras acknowledged before me this
day of , 19- bY
as President and as
District.
seal.
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EXEIBIT A
DISIRICE INCILIIIES
rBattleueut l,lesa Actlvlty Center aad Preulses'
Locatec at 0398 arroyo Road, Battleneut lrleaa, co.
- Legal DescrlptLou: E9ra ceDter, Flll'ng No' l,
f,ot f , Block 1, coatal'al'ag 28.06 acreB
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EXHIBIT IIJI'
ttEI.toRANDUl.t
Mr. Matt, Dalton, CKGHMr. BiII Linville, BMMD
BiIl Wilde, ByfqD-r/
JuIy 26, 1991
Updated Board of Directors Listings
fOs
FROl.ls
DATE S
REs
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Transmitted forare the updated
your processing,Iistings of the
Lewis G. Holtsclaw, Secretary/Treasurer
5575 DTC Parkway, Suite 3OOAEnglewood, Colorado 90111
Larry Branaman, Vice president
1O7 Willow Creek TrailParachute, Colorado 91G35
George W. ConneII, Dj.rector
30 Cactus Court
Parachute, Colorado 91635
Jack L. Hazelhurst, Director97 River View place
Parachute, Colorado 91G35
Wllliam W. Wilde, president
P. O. Box 6000Battlenent Mesa, Colorado gl_G36
WiIIiam W. t{ilde, president
P. O. Box 6000
Battlement Mesa, Colorado gLG3G
Richard Heaston, DirectorP. O. tsox 6000
Battlement Mesa, Colorado gl_636
distribution and Districtst filesrespective Boardst of Directors.
Tern Expires 5/92
Term Explres 5/92(replaced Mardick)
Term Expires S/94
Term Expires 5/94
Teril ExpLres 5/94
Tem Explres 5/92
Term Expires 5/92(replaced Kleinman)
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ceorge Helfenbein, DirectorL22 Cedar CircleParachute, Colorado g1635
Lewis G. Holtsclaw, Secretary/Treasurer5575 DTC parkwdy, Suite-iiOaEnglewood, coloiado eorii
Edsel Long, Director173 W. Tamarack CircleParachute, Colorado g1G35
I{illian W. Wilde, presidentP. O. Box 6000Battlement Mesa, Colorado 81636
l3rly Velasquez, Directoret ritnetree place
Parachute, Colorado g1635
Lewis G. Holtsclaw, Secretary/Treasurer!s7? DTC parkway, Suite-iobaEngtewood, coloiiao Corii'
George Cathey, Vice president64 River viei place
Parachute, Colorado g1535
Richard Heaston, DirectorP. O. Box 6000Battlement Mesa, Colorado 81636
_T.rI Explres S/92(replacea uarshllll
Term Expires S/94
T.*- Expires S/s4(replaced Mardick)
Term Explres 5/gz
T""r-Expires S/92(replaced r{itt)
Tern Expires S/94
T"*_ Expires s/s4(replaced Coover)
T"*- Expires S/94(replaced Mardlck)
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