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HomeMy WebLinkAbout2008-089-09/16/2008-CONDITIONALLY APPROVING THE ANHEUSER-BUSCH PARK AND RECREATION DISTRICT SERVICE PLAN RESOLUTION 2008-089 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONDITIONALLY APPROVING THE ANHEUSER-BUSCH PARK AND RECREATION DISTRICT SERVICE PLAN WHEREAS, Title 32 of the Colorado Revised Statutes allow for the formation of a variety of governmental entities to finance and operate public services and infrastructure; and WHEREAS, a park and recreation district is a special district is one type of the entity authorized by Article 1, Title 32, Part 2 of the Colorado Revised Statutes (the "Special District Act"); and WHEREAS,park and recreation districts have not historically been used within the City;and WHEREAS, the City Council has held a public hearing on the Anheuser-Busch Park and Recreation District Service Plan (the"Service Plan") after due notice; and WHEREAS, the City Council has reviewed the Service Plan and considered the testimony and evidence presented at the public hearing; and WHEREAS,it appears that City Council should approve the Service Plan for the Anheuser- Busch Park and Recreation District (the "District') based on the findings and subject to certain conditions all as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council determines,based on representations by and on behalf of Anheuser-Busch, Incorporated (the "Petitioner"): the requirements of the Special District Act relating to the filing of a Service Plan for the proposed District have been fulfilled and that notice of the hearing was given in the time and manner required by law. Section 2. That the City Council has jurisdiction over the subject matter of the proposed District pursuant to the Special District Act. Section 3. That the City Council hereby finds and determines that based on the Service Plan and other evidence presented by and on behalf of the Petitioner: 1. there is sufficient existing and projected need for organized services in the area to be serviced by the District; 2. the existing service in the area to be served by the District is adequate for present and projected needs; 3. the District is capable of providing economical and sufficient service to the area 3. the District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. the area to be included in the District has, or will have, the financial ability to discharge the proposed financial obligations on a reasonable basis; 5. the facility and service standards of the District are compatible with the City's facility and service standards; 6. the District is in compliance with the City Park Plan for the area; and 7. the creation of the District will be in the best interests of the area proposed to be served. Section 4. That the Service Plan for the District,as set forth in Exhibit A attached hereto and incorporated herein by this reference and dated August 4,2008, is hereby approved,contingent upon the District and the City entering into an intergovernmental agreement,no later than December 31, 2009,which will provide that(a)the parties will cooperatively work with Petitioner toward the City's acquisition of a portion of Petitioner's property for a City-owned community park; (b) the District will obtain the City's consent prior to applying for any grants related to the development of the District property; and(c)the District will offset,by payments in lieu of taxes, any tax revenues that may be lost to the City by reason of the removal of any District property used or owned by the District from the Larimer County property tax rolls, if such circumstance occurs. Section 5. That nothing herein is intended to prevent,delay or interfere with the calling of an election as required by law for the organization of the District. In the event that, subsequent to the holding of such election,the intergovernmental agreement required in Section 4 above has not been executed prior to December 31, 2009, the District will forthwith take all necessary steps to dissolve in the manner prescribed by law, and the provisions of this Resolution will be of no further force and effect. Passed and adopted at a regular meeting of the Co cil of the City of Fort Collins is 16th day of September, A.D. 2008. Mayor I ATTEST: 101�* City Clerk r i EXHIBIT "A" NH US R BUSCH PARK AND RE- CREATioNDISTRICT SERVICE PLAN CITY OF FORT COLLINS,COLORADO SUBMITTED AUGUST 4a 2008 � 2 ANHEUSER BUSCH PARK AND RECREATION DISTRICT TABLE OF CONTENTS I. INTRODUCTION.................................................................................................................i II. PURPOSES OF THE DISTRICT........................................................................................3 III. PROPOSED DISTRICT BOUNDARIES/MAPS...............................................................4 a. District Boundaries and Map ...................................................................................4 b. Inclusions of Property........................................................................4 C. Eminent Domain...............................................................................4 IV. POPULATION PROJECTIONS/ASSESSED VALUATION...........................................5 V. DESCRIPTION OF DISTRICT POWERS, SERVICES AND IMPROVEMENTS......5 a. Description of Existing Conditions..........................................................................6 b. Services to be Provided by other Governmental Entities......................................6 VI. ESTIMATED COSTS OF THE IMPROVEMENTS.........................................................6 VII. ESTIMATED COSTS OF OPERATION AND MAINTENANCE..................................7 VIII. FINANCING PLAN/PROPOSED INDEBTEDNESS........................................................7 a. Financing Plan...........................................................................................................8 b. Bond Issuance and Debt Authorization...................................................................8 C. Mill Levy Cap.............................................................................................................9 d. Revenue Sources ........................................................................................................9 e. Financing Plan Conclusions......................................................................................10 IX. MODIFICATION OF SERVICE PLAN.............................................................................10 X. INTERGOVERNMENTAL AGREEMENTS....................................................................11 XI. RESOLUTION OF APPROVAL.........................................................................................12 MI. DISSOLUTION..........................................................................................II XIII. ANNUAL REPORT....................................................................................12 XIII. CONCLUSION......................................................................................................................14 ANHEUSER BUSCH PARK AND RECREATION DISTRICT SERVICE PLAN I. INTRODUCTION This Service Plan for the Anheuser Busch Park and Recreation District (the "District") is being submitted by Anheuser-Busch, Incorporated, a Missouri corporation the ("Petitioner"), pursuant to the requirements of the Special District Control Act, Section 32-1-201, et seq., Colorado Revised Statutes ("Special District Act'). The District shall have all of the powers of a park and recreation district described in §§ 32-1-1001 and 32-1-1005, et seq., C.R.S. This Service Plan has been prepared by the Petitioner, (also called the "Organizer"), and the following participating consultants: Petitioner District Counsel Anheuser Busch, Inc. Miller Rosenbluth, LLC Ted Powers Dianne D. Miller, Esq. Anthony Taylor 700 17th Street, Suite 2200 One Busch Place, 202-8 Denver, Colorado 80202 St. Louis, MO 63118 (303) 285-5320 (314) 577-4811 (303) 285-5330—facsimile (314) 577-7616—facsimile dmiller@miller-rosenbluth.com ted.powers@anheuser-busch.com Anthony.taylor@anheuser-busch.com En iQ neer Nolte Associates, Inc. Todd Beers 8000 S. Chester Street, Suite 200 Centennial, CO 80112 (303) 220-6400 (303)220-9001 —facsimile Todd.beers@nolte.com Pursuant to the requirements of the Special District Control Act, §§ 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how 1 r � the proposed facilities and services of the District will be provided and financed. As required by § 32-1-202(2), C.R.S., the following items, to the extent applicable to this District, are included in this Service Plan: a. A description of the proposed services; b. A financial plan showing how the proposed services are to be financed, including all elements required by § 32-1-202(2)(b), C.R.S.; C. A preliminary engineering or architectural survey showing how the proposed services are to be provided; d. A map of the proposed District's boundaries and an estimate of the population and valuation for assessment of the proposed District; e. A general description of the facilities to be constructed and the standards for construction, including a statement of how the facility and service standards of the proposed District are compatible with facility and service standards of Fort Collins, Colorado (the "City") and special districts that are interested parties pursuant to § 32-1-204(1), C.R.S.; f. A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness, estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the District; and g. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed District and such other political subdivision. 2 II. PURPOSES OF THE DISTRICT The District is a quasi-municipal corporation that is being organized to provide active and passive park and recreational facilities and services for the general public welfare. Such active park and recreation facilities shall include a ballfield, parking lot, walking trails and all appurtenances (collectively, the "Active Improvements"); fixrther, the District shall provide passive facilities and services within its boundaries including, without limitation, a wildlife habitat and agricultural/ecological research area (collectively, the "Passive Improvements"). Collectively, the Active Improvements and the Passive Improvements shall be referred to herein as the "Improvements." The Improvements will be for the use and benefit of the taxpayers and users of the District's infrastructure. Upon completion, certain of the Improvements may be dedicated to the City or to such other governmental entity as may be appropriate. Improvements not dedicated to the City or other governmental entities shall remain the obligation of the District. The District shall have no debt authorization to issue bonds or finance the construction of any Improvements within its boundaries. The primary source of District revenue shall be from the imposition of user fees, charges and rates to offset the costs of providing the Improvements. The District shall also impose an operational and maintenance mill levy upon all property contained within its boundaries to help pay for its administrative costs and expenses. The District is not presently served with the facilities or services proposed to be provided by the District, nor does the City or any other special district within the City have any plans to provide such facilities or services within a reasonable time and on a comparable basis. The use of the District to construct, operate and maintain the Improvements will allow for the provision of requisite public infrastructure and other attractive public amenities, directly benefiting the 3 public's welfare in the process. Thus, organization of the District will promote both the interests of the present and future property owners and taxpayers within the District, as well as the general interests of the City. III. PROPOSED DISTRICT BOUNDARIES/MAPS a. District Boundaries and Map The initial boundaries of the District is approximately Eighteen and Three-Hundred and Forty-Four Thousandths of One (18.344) acres, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and as referred to in a boundary and vicinity map of the District, attached hereto and incorporated herein as Exhibit B and Exhibit C, respectively. b. Inclusions The District, pursuant to applicable law, may only include other properties into its boundaries which are solely owned by the Petitioner and its affiliates and which are dedicated for wildlife habitat, park and recreation and/or scientific purposes. The District shall provide notice of such property inclusion to the City prior to holding any public hearing pertaining to the same. Any other inclusions or exclusions of property into or out of the boundaries of the District not otherwise described herein shall require the prior approval of the City Council. C. Eminent Domain The District is prohibited from using the powers of eminent domain or dominant eminent domain. However, the City may choose to exercise its powers of eminent domain to construct public improvements within the District, in which case the District and the City will enter into an 4 intergovernmental agreement concerning the public improvement and funding for the use of eminent domain. IV. POPULATION PROJECTIONS/ASSESSED VALUATION The property within the boundaries of the District is currently zoned for commercial, industrial and agricultural use. There is no anticipated permanent population of the District. The current assessed value of the property within the boundaries of the District is Twenty-Six Million, Six Hundred and Forty-Five Thousand and Thirty Dollars ($26,645,030); as the property located within the boundaries of the District has not been parceled separately by the Larimer County Assessor, this assessed value represents the total value of the property located within and without the boundaries of the District which is owned by the Petitioner. The Petitioner is also the owner of all of the property to be located within the boundaries of the District and has consented to the formation of the District, which consent is attached hereto as Exhibit D and incorporated herein by this reference. V. DESCRIPTION OF DISTRICT POWERS, SERVICES AND IMPROVEMENTS The District will provide for the continued operation and maintenance of those Improvements which it is permitted to maintain under applicable law. Such Improvements may include the Passive Improvements, the Active Improvements, monumentation and appurtenant facilities thereto. To preserve the delicate ecological balance contained within the designated wildlife habitat, the District anticipates that the Passive Improvements will be available to the general public and for research purposes on an appointment basis only. The District anticipates 5 that the Active Improvements will be available for use on a"fast-come, first served" basis. The District shall have no debt authorization with which to finance the construction or installation of the Improvements and its powers shall be limited to providing maintenance services for those Improvements otherwise constructed. a. Description of Existine Conditions The Improvements have already been established and constructed in the area located within the District's boundaries. b. Services to be Provided by other Governmental Entities The City or other appropriate governmental entities provide all of the necessary facilities and services to, the property located within the boundaries of the District, including, without limitation, streets, water, sewer, storm drainage and fire protection services and facilities. VI. ESTIMATED COSTS OF THE IMPROVEMENTS The District will not provide for any of the construction or installation of any of the Improvements, but may reconstruct or rebuild certain Improvements over time as necessary solely for maintenance purposes. The District's purpose primarily is to operate and maintain those Improvements already in existence; therefore, the estimated cost of construction of the Improvements for the District shall be Zero Dollars ($0.00). The District shall have no debt authorization to issue any bonds or other financial obligations to finance any construction or installation of Improvements, as such tasks shall be undertaken by other appropriate governmental or private entities. 6 VIL ESTIMATED COSTS OF OPERATION AND MAINTENANCE The present preliminary status of the property located within the District does not allow for an accurate estimation of the costs of operating and maintaining the Improvements. However, the Mill Levy Cap, as defined in Section VIII.D below, is capped at ten(10.000) mills, pursuant to the terms of the Financing Plan and this Service Plan. The District shall use all revenues received, less any costs incurred for administrative, accounting, legal or engineering services associated with the organization and operation of the District, to finance its operation and maintenance obligations. The District intends to rely primarily upon fees, rates and charges to fund its operations and maintenance obligations and that the imposition of a mill levy will only be used to supplement such revenue sources to cover administrative expenses. Fees, rates and charges may be imposed and collected by the District to the extent necessary to supplement other District revenues available for these purposes. In this regard, the District anticipates imposing fees, rates or charges for use of the Active Improvements in an amount commensurate with what the City charges to the general public for the use of its own park and recreation facilities. Additionally, the District will impose such fees, rates and charges for use of the Passive Improvements only to the extent to offset those costs and expenses incurred by the District in association with the public's use of the wildlife habitat area; such costs may include, without limitation, the expense of maintaining a permanent staff, guides and/or security for the continued enjoyment of the Passive Facilities. It is intended that the Passive Improvements will remain available to the general public on an "appointment only" basis for providing educational or scientific research opportunities. VIII. FINANCING PLAN/PROPOSED INDEBTEDNESS 7 a. Financing Plan The proposed 2009 budget for the District, which is presented as the Financing Plan, and which is attached as Exhibit E, includes estimated administrative costs, operation and maintenance costs and other major expenses related to the operation of the District. The District projects no issuance of the debt. As the District will have no authorization to issue debt, typical financing plan provisions will not apply; consequently, there is no discussion in this Service Plan of types, manner and terms of bonds or other debt obligations which the District may issue or any restrictions or conditions placed upon the District's debt service mill levy. The Financing Plan anticipates the means of funding the operation and maintenance services to be provided for by the District. A mill levy of five (5.000) mills which will be imposed and collected in 2010 and thereafter, in conjunction with the imposition of fees, rates and charges, is estimated to be sufficient to maintain the Improvements. The Financing Plan demonstrates that, at various projected levels of development, the District has the ability to finance the services identified herein. b. Bond Issuance and Debt Authorization The District shall have no debt authorization pursuant to the terms of this Service Plan to issue bonds or other debt. Rather, the District's only financing powers will be to impose an operational mill levy upon all property located within its boundaries as well as to charge those reasonable fees, rates and charges related to the provision of its maintenance services. All financial obligations of the District are subject to the Mill Levy Cap and other limitations as set forth below. Although the District is not authorized to issue revenue or general obligation bonds, other financial obligations necessary for the purchase or lease of equipment and supplies are 8 explicitly authorized herein. The District is also authorized by statute and by this Service Plan to enter into contracts and agreements for the maintenance services to be provided by it. C. Mill Lew Cap The "Mill Levy Cap" shall mean an ad valorem mill levy (a mill being equal to 1/10 of 10) imposed upon all taxable property in the District each year in an amount sufficient to pay the District's administration, warranty, maintenance and other operating expenses. Upon organization, the District's Mill Levy Cap shall be ten(10.000) mills. Provided, however, that if the ratio of actual valuation to assessed valuation is changed by legislative action, the Mill Levy Cap provided herein will be increased or decreased (as to all taxable property in the District) to reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes. d. Revenue Sources The District will be authorized to establish a system of fees, rates and charges, in accordance with the Special District Act, to generate revenues for the payment of operating its recreational facilities. Other sources of revenue to the District may include ad valorem property taxes, contributions from the organizer or others, interest income and specific ownership tax revenues. The District may impose varying levels of fees, rates and charges upon property contained within its boundaries for services rendered, in accordance with the Special District Act, in recognition that there may be a differentiation of levels of usage among the users and taxpayers of the District of the provided services. The proposed 2009 budget assumes use of the Active Improvements for 240 events per year at an average charge of$75 per use and 96 hours of guide time for the habitat areas at a rate of$40/hour. The District will adjust fees and charges 9 as necessary; the intent of the District is to net the cost of maintenance and upkeep of the facilities and habitat areas. Variations in assessed valuation projections or other external factors may affect the mill levy and the existence or amount of fees and charges from that set forth in the Financing Plan. No funds or assets of the City will be pledged as security for the repayment of any obligations of the District. The District will not pledge as security for the repayment of any obligation any funds or assets to be transferred to the City. e. Financing Plan Conclusions This Article VIII described the nature, basis, method of funding, debt and mill levy limitations, and other financial requirements and restrictions for the District's public improvements program and operations. Together with the Financing Plan attached hereto as Exhibit E and further described below, this Article VIII constitutes the financial plan for the District as required by § 32-1-202(2)(b), C.R.S. The Financing Plan includes estimated operations and administration costs (including estimated costs of warranty maintenance) and other major expenses related to the organization and operation of the District. The Financing Plan does not project for any issuance of the debt by the District. The Financing Plan demonstrates that, at the projected level of development, and with the projected Petitioner support, the e District has the ability to finance activities identified herein. IX. MODIFICATION OF SERVICE PLAN The District will obtain the approval of the City before making any material modifications to this Service Plan. Material modifications include modifications of a basic or essential nature including additions to the types of services provided by District, change in debt 10 limit or change in revenue sources. City approval is not required for modifications to this Service Plan necessary for the execution of maintenance of public improvements already outlined in this Service Plan. If, after this Service Plan is approved, the Colorado State Legislature includes additional powers or grants new or broader powers for special districts by amendment to Part 10 of Article 1, Title 32, C.R.S., no such powers will be available to or exercised by the District without the prior approval of the City Council. If the District undertakes any act which constitutes a material modification to this Service Plan, the City Council may impose one (1) or more of the following sanctions, as it deems appropriate: 1. Exercise any applicable remedy available under Title 32, Article 1 of the Colorado Revised Statutes; or 2. Withhold the issuance of any permit, authorization, acceptance or other administrative approval, or withhold any cooperation, necessary for the District's development or construction or operation of improvements or provision of services; or 3. Exercise any legal remedy under the terms of any intergovernmental agreement under which the District is in default; or 4. Exercise any other appropriate legal or equitable remedy to ensure compliance with the provisions of this Service Plan or applicable law. X. INTERGOVERNMENTAL AGREEMENTS The District and the City anticipate they will enter into an IGA regarding joint grant proposals and cooperative facilities and programs development. The IGA will be drafted after organization of the District. I XI. RESOLUTION OF APPROVAL The District incorporates the City Council's resolution approving this Service Plan, including any conditions of approval, into this Service Plan as Exhibit F. XIL DISSOLUTION Absent the prior approval of the City Council, the District shall dissolve no more than forty (40) years after this Service Plan is initially approved by the City Council. The District shall be obligated to obtain the approval of the City Council twenty (20) years after the organization of the District (and every ten (10) years thereafter) to continue providing operations and maintenance services; provided, however, that failure to obtain such approval shall not be considered a material modification of this Service Plan unless such approval is not obtained forty-five (45) days after written notice to the District by the City of the need to request such approval. XIII. ANNUAL REPORT The District shall file an annual report not later than September 1 of each year with the City Clerk for the year ending the preceding December 31, the requirements of which may be waived in whole or in part by the City Council or the City Manager. Unless waived by the City Council or the City Manager, the Annual Report shall include the following: 1. A narrative summary of the progress of the District in implementing its Service Plan for the report year; and 12 , 2. Except when exemption from audit has been granted for the report year under applicable law, the audited financial statements of the District for the report year, including a statement of financial condition (i.e., balance sheet) as of December 31 of the report year and the statement of operations (i.e., revenues and expenditures) for the report year; and 3. Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the District in development of improvements in the report year; and 4. Unless disclosed within a separate schedule to the financial statements, a summary of the financial obligations of the District at the end of the report year, including the amount of outstanding indebtedness, the amount and terms of any new District indebtedness or long-term obligations issued in the report year, the amount of payment or retirement of existing indebtedness of the District in the report year, the total assessed valuation of all taxable properties within the District as of January 1 of the report year and the current mill levy of the District pledged to debt retirement in the report year; and 5. Any other information deemed relevant by the City Council or deemed reasonably necessary by the City Manager. In the event the Annual Report is not timely received by the City Clerk or is not fully responsive, notice of such default shall be given to the District Board at its last known address. The failure of the District to file the Annual Report within forty-five (45) days of the mailing of such default notice by the City Clerk may constitute a material modification of this Service Plan, at the Discretion of the City. 13 XIV. CONCLUSION This Service Plan demonstrates that: a. There is sufficient existing and projected need for organized service in the area to be serviced by the District; b. The existing service in the area to be served by the District is inadequate for present and projected needs; c. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; d. The area to be included in the District has, or will have, the financial ability to discharge its financial obligations on a reasonable basis; e. The facility and service standards of the District are compatible with the facility and service standards of each county within which the District is to be located and each municipality which is an interested party under § 32-1-204(1), C.R.S.; f. The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area; and g. The creation of the District will be in the best interests of the area proposed to be served. 14 Exhibit A Legal Description EXHIBIT A LEGAL DESCRIPTION:A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6i"PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 33,TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6?" PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE WEST END AT THE NORTHWEST CORNER OF SAID SECTION 33 BY 3.25 INCH BRASS CAP STAMPED "1987 PLS 15278"AND AT THE EAST END AT THE NORTH ONE-QUARTER CORNER OF SECTION 33 BY A 3.5 INCH BRASS CAP STAMPED"1987 PLS 15278"WITH THE LINE CONSIDERED TO BEAR S89057'42"E. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33; THENCE S82042'59"E, A DISTANCE OF 400.28 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 52 AND THE POINT OF BEGINNING; THENCE S89 053'32"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 929.19 FEET; THENCE S00005'49"W LEAVING SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 805.19 FEET; THENCE S89°55'57"W,A DISTANCE OF 22.06 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 209.00 FEET, A CENTRAL ANGLE OF 55015'42" DISTANCE OF 201.58 FEET TO A POINT OF NON-TANGENCY; THENCE N89045'52"W, A DISTANCE OF 485.66 FEET; THENCE N56046'44'W,A DISTANCE OF 9.73 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET,A CENTRAL ANGLE OF 13031'47", A DISTANCE OF 141.68 FEET TO A POINT OF TANGENCY; THENCE N70018'31"W, A DISTANCE OF 77.90 FEET; THENCE NO2°03'02"W, A DISTANCE OF 120.38 FEET; THENCE S86041'56"W, A DISTANCE OF 36.92 FEET; THENCE N00°03'45"E,A DISTANCE OF 682.35 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 799,064 SQUARE FEET OR 18.344 ACRES. N:\DVB0305\Cadd\Survey\Legals& Exhibits\EXHIBIT A rev.doc Page 1 of 2 I, EDWARD C. SILVER, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF ARE CORRECT. EDWARD C. SILVER, PROFESSIONAL LAND SURVEYOR DATE COLORADO No. 37051 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL, CO 80112 N:\DVB0305\Cadd\Survey\Legals& Exhibits\EXHIBIT A rev.doc Page 2 of 2 Exhibit B Boundary Map LANE SURVEY PLAT A PC PI M ME NMMEAST WE—WAFRF L .R vm M. 10WN 8 NMM.R 6G XEST lY'ME MA VMMtl AL MM&AN tl am O F T QV/NS LWNTY M( .M..STAW M IXILMAC0. O n.rt a) TM mrirv. u x a'wx� 1 �ppnu�rwee���re •wry _ j x w•�n � i I m a , a a.r n.raw ev..•nw .. ' ,l o.vxxa rnrsunn � -. m �.:�.."°"`A•�w m k scar.. �� nm ,�n ........ Exhibit C Vicinity Map '[i pti `i33 t ttr a b ff.T{ Iq all VICINITY MAP NOT TO SCALE Exhibit D Owner Consent Letter 2008 City of Fort Collins City Hall West 300 LaPorte Ave. Fort Collins, CO 80521 RE: Proposed Anheuser Busch Park and Recreation District(the "District") To Whom It May Concern: Anheuser-Busch, Inc., a Missouri corporation, is the owner of the property attached hereto as Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose of this letter is to advise that ^oi lr 47 l a �.� , as AN �irn re g vvof Anheuser- Busch, Inc.,consents to the organization of the iD strict. ANHEUSER-BUSCH, INC. 00 STATEOF ss CGk GWdN` Y OF Subscribed and sworn to before me on this '_`00 day of S J 2008, by c- c o�\ �a \ter as of Anheuser-Busch, Inc., a Missouri corporation. [SEAL] C � IZQ)ary Public My commission expires - — y MARY ANN MURRAY NOTARY PUBUC-NOTARY SEAL STATE OF MISSOURI,ST.LOUIS COUNTY MY COMMISSION WIRES 08-Ola COMMISSION#05402620 9290003 EXHIBIT A EXHIBIT A LEGAL DESCRIPTION:A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 33,TOWNSHIP 8 NORTH,RANGE 68 WEST OF THE 6'PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - BASIS OF BEARINGS:BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 33,TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TM PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE WEST END AT THE NORTHWEST CORNER OF SAID SECTION 33 BY 3.25 INCH BRASS CAP STAMPED"1987 PLS 15278"AND AT THE EAST END AT THE NORTH ONE-QUARTER CORNER OF SECTION 33 BY A 3.5 INCH BRASS CAP STAMPED"1987 PLS 15278"WITH THE LINE CONSIDERED TO BEAR S89°57'42"E. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33; THENCE S82042'59"E,A DISTANCE OF 400.28 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO.52 AND THE POINT OF BEGINNING; THENCE S89°53'32"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 929.19 FEET; THENCE S00005'49"W LEAVING SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 805.19 FEET; THENCE S89°55'5T'W,A DISTANCE OF 22.06 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 209.00 FEET,A CENTRAL ANGLE OF 55°75'42"DISTANCE OF 201.58 FEET TO A POINT OF NON-TANGENCY; THENCE N89045'52"W,A DISTANCE OF 485.66 FEET; _ THENCE N56 46'44"W,A DISTANCE OF 9.73 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET,A CENTRAL ANGLE OF 1W31'47",A DISTANCE OF 141.68 FEET TO A POINT OF TANGENCY; THENCE N70018'31"W,A DISTANCE OF 77.90 FEET; THENCE N02003'02"W,A DISTANCE OF 120.38 FEET; THENCE S86°41'56"W,A DISTANCE OF 36.92 FEET; THENCE N00°03'45"E,A DISTANCE OF 682.35 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 799,064 SQUARE FEET OR 18.344 ACRES. N:\DVB0305\Cadd\Survey\Legals&Exhibits\EXHIBIT A rev.doc Pagel of 2 1,EDWARD C.SILVER,A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF ARE CORRECT_ EDWARD C.SILVER, PROFESSIONAL LAND SURVEYOR DATE COLORADO No.37051 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET,SUITE 200 CENTENNIAL, CO 80112 N:\DVB0305\Cadd\Survey\Legals& Exhibits\EXHIBIT A rev..doc Page 2 of 2 Exhibit E Financing Plan ANHEUSER BUSCH PARK AND RECREATION DISTRICT 2009 BUDGET Proposed 2009 Beginning Funds Available $ -0- Revenue: Property Taxes -0- Use Fees—baseball field 18,000 Fees for guides 3,840 Other/Miscellaneous(Contributions) 4,000 Specific Ownership Taxes -0- Total Revenue 25,840 Total Funds Available 25,840 Expenditures County Treasurer's Collection Fees -0- Insurance and Bonds 1,800 Accounting and Legal 4,000 Election Costs -0- Capital Improvements -0- Utilities(Public Service) -0- Facilities Maintenance 16,000 Directors'Fees -0- Total Expenditures 21,800 Ending Funds Available 4,040 Emergency Reserve 624 MILL LEVY Certified Assessed Valuation $ -0- Mill Levy-General -0- Property Taxes(est.) -0- I � Exhibit F Resolution of Approval � z CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO IN RE THE ORGANIZATION OF ANHEUSER BUSCH PARK AND RECREATION DISTRICT, IN THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO RESOLUTION NO. 08- RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the City Council of the City of Fort Collins, County of Latimer, State of Colorado, following due notice, held a public hearing on the Service Plan of the proposed Anheuser Busch Park and Recreation District on the day of , 2008; and WHEREAS, the City Council has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan should be approved by the City Council, subject to certain conditions set forth below, in accordance with C.R.S. § 32-1-204.5(1)(c). THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER: Section 1. The City Council, as the governing body of the City of Fort Collins, Colorado, does hereby determine, based on representations by and on behalf of Anheuser-Busch, Incorporated (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Anheuser Busch Park and Recreation District have been fulfilled and that notice of the hearing was given in the time and manner required by law. Section 2. Based on representations by and on behalf of the Developer, the City Council of the City of Fort Collins, Colorado has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. Pursuant to C.R.S. §§ 32-1-204.5, 32-1-202(2) and 32-1-203(2), the City Council of the City of Fort Collins, Colorado does hereby find and determine, based on the Service Plan and other evidence presented by and on behalf of the Developer, that: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed District; (b) The existing service in the area to be served by the proposed District is 1 inadequate for present and projected needs; (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries; (d) The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed financial obligations on a reasonable basis; (e) The facility and service standards of the District are compatible with the facility and service standards of each county within which the District is to be located and each municipality which is an interested par[ under § 32-1- 204(1), C.R.S.; (f) The proposal is in compliance with any duly adopted county, regional, or state long-range water quality plan for the area; and (g) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 5. The Service Plan of the proposed Anheuser Busch Park and Recreation District, as set forth in Exhibit A to this Resolution and dated 2008, is hereby approved. RESOLVED, ADOPTED AND APPROVED this day of 12008. CITY COUNCIL, CITY OF FORT COLLINS, COLORADO (SEAL) ATTEST: Mayor City Clerk Anheuser Busch Park and Recreation District—929.0003 2 CERTIFICATE I, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the City Council of the City of Fort Collins, Colorado, at a public meeting held on the day of 12008. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins, Colorado, this day of 2008. (SEAL) City Clerk