Elizabeth Co Compiled Packet 12219

TOWN OF ELIZABETH
TOWN OF ELIZABETH
BOARD OF TRUSTEES REGULAR MEETING
Tuesday, January 22, 2019 at 7:00 PM
Town Hall, 151 S. Banner Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UNSCHEDULED PUBLIC COMMENT
AGENDA CHANGES
CONSENT AGENDA
a. Minutes of the Regular Meeting of January 8, 2019

b. Resignation of Tedd Lipka from the Planning Commission
c. Appointment of Tedd Lipka to the Main Street Board of Directors with term to
Expire March 31,2021
d. Appointment of Desiree Kameka to the Planning Commission as non-voting
member with term to expire December 31, 2019
MANAGEMENT MONITORING REPORTS
BOARD OF TRUSTEES REPORTS
ADVISORY BOARD QUARTERLY REPORTS
Main Street Board of Directors
NEW BUSINESS (CONT.)
a. Discussion and possible action on Resolution 19R09, a Resolution making certain

Findings of Fact regarding the proposed annexation of parcels of land to the Town
of Elizabeth, Colorado, known as the Elizabeth West Annexation
b. Discussion and possible action on Ordinance 19-02, an Ordinance approving and
accomplishing the annexation of Parcel A of Contiguous Unincorporated Territory
known as the Elizabeth West Property in Elbert County
ACTION MAY BE TAKEN ON ANY AND ALL ITEMS LISTED ON THE AGENDA
ALL VISITORS MUST CONTACT THE TOWN CLERK FIVE BUSINESS DAYS BEFORE A SCHEDULED MEETING
TO BE PLACED ON THE AGENDA. ACCOMMODATIONS FOR HANDICAPPED CAN BE MADE UPON REQUEST.
c. Discussion and possible action on Ordinance 19-03, an Ordinance approving and
accomplishing the annexation of Parcel B of Contiguous Unincorporated Territory
d. Discussion and possible action on Ordinance 19-04, an Ordinance approving and
accomplishing the annexation of Parcel C of Contiguous Unincorporated Territory
e. Discussion and possible action on Ordinance 19-05, an Ordinance approving and
accomplishing the annexation of Parcel D of Contiguous Unincorporated Territory
f. Discussion and possible action on Ordinance 19-06, an Ordinance approving and
accomplishing the annexation of Parcel E of Contiguous Unincorporated Territory
g. Discussion and possible action on Ordinance 19-07, an Ordinance zoning property
newly annexed to the Town of Elizabeth to Agriculture (A-1) District
PUBLIC HEARING
a. Ritoro Filings 2 and 3 sketch and preliminary plans
NEW BUSINESS
h. Discussion and possible action on Resolution 19R10, a Resolution approving the

sketch and preliminary plans for certain property within the Town of Elizabeth
known as the Ritoro Property, Filing Nos. 2 and 3
PUBLIC HEARING
b. Pine Ridge Crossing site plan
NEW BUSINESS
i. Discussion and possible action on Resolution 19R11, a Resolution approving the

Site Plan for certain property in the Town of Elizabeth known as Pine Ridge
Crossing
PUBLIC HEARING
c. Address change for property currently known as 879 South Elizabeth Street to 643
Brooke Street
NEW BUSINESS
j. Discussion and possible action on Ordinance 19-08, an Ordinance changing the

address of property currently known as 879 South Elizabeth Street to 643 Brooke
Street
BRIEF RECESS- If Requested
k. Discussion and possible action on Resolution 19R12, a Resolution adopting a

revised schedule for land use development fees
l. Discussion and possible action on Ordinance 19-09, an Ordinance amending
Sections 13-2-110, 13-2-120 and 13-3-150 and deleting Section 13-3-160 of the
Elizabeth Municipal Code concerning delinquent water and sewer accounts
m. Discussion and possible action on an Agreement by and between the Town of
Elizabeth on behalf of the Police Department and a Police Officer for Police Officer
Equipment
n. Discussion and possible approval of a Retail Liquor Tastings Permit for Outback
Liquors
o. Discussion and possible action on Designated Main Street Community Application
MINUTES
MS BOD 12/13/18
MS BOD 1/10/19
ADJOURNMENT
MEETING PROTOCOL AND STANDARDS OF CONDUCT
Public Participation
Public comment is encouraged and will be listed as an agenda item at every regular Board
meeting.
Each individual wishing to be heard during the public comment period will be given up to
three (3) minutes to make a comment.
The public comment period will not be used to make political endorsements or for political
campaign purposes.
Questions from the Board will be for clarification purposes only. Public comment will not be
used as a time for problem solving or reacting to comments made but, rather, for listening
to the comments of citizens without taking any formal action.
The Board may direct the Town Administrator to provide information requested by a
speaker during the public comment period.
Speakers are not allowed to make belligerent, accusatory, impertinent, slanderous,

threatening, abusive, or disparaging comments.
The Mayor may elect to defer public comment on a specific issue that appears on the
regular agenda until that specific item is addressed.
The Mayor may call for order when sidebar conversations occur in the audience. Those
conversations are distracting from the Board addressing the topics at hand.
Members of the public who do not follow proper conduct after a warning in a public
meeting may be barred from further participation at that meeting or removed from the
Board Chambers pursuant to the Elizabeth Municipal Code and Colorado Revised Statutes.
CONSENT AGENDA
Town of Elizabeth
Board of Trustees – Record of Proceedings

January 8, 2019
CALL TO ORDER
The Regular Meeting of the Board of Trustees of the Town of Elizabeth was called to order on
Tuesday, January 8, 2019, at 7:07 pm by Mayor Vasquez.
ROLL CALL
Present were: Mayor Vasquez, Mayor Pro Tem Angela Ternus, Trustee Rachel White, Trustee
Steve Gaither, Trustee June Jurczewsky, Trustee Tammy Payne and Trustee Loren Einspahr.
Mayor Vasquez stated there is a quorum to conduct business.
Also present were Town Administrator Matt Cohrs, Community Development Director Grace
Erickson, Town Clerk Michelle Oeser, Public Works Director Mike DeVol, Police Commander
Melvin Berghahn, and Student Liaison Ashley Gerczynski.
PLEDGE OF ALLEGIANCE
Mayor Vasquez led the audience in the Pledge of Allegiance.
UNSCHEDULED PUBLIC COMMENT
There was no public comment.
AGENDA CHANGES
Town Administrator Matt Cohrs asked that the Resolution and Agreement for an easement with
Elizabeth Parks and Recreation District be pulled from the agenda.
Mayor Vasquez tabled agenda item j, discussion and possible action on Resolution 19R08 a
Resolution approving a permanent recreational trail easement and a temporary construction
easement with Elizabeth Park and Recreation District.
Agenda set
CONSENT AGENDA
January 8, 2018
Town Clerk Michelle Oeser told the Board that she had made changes to the minutes they had
received in their Board packets.
Ms. Oeser stated that the minutes to be signed have been corrected to reflect item h Ordinance
18-19 reads an Ordinance approving and accomplishing the annexation of Parcel B of
Contiguous Unincorporated Territory known as the Elizabeth West Property in Elbert County.
MOTION: Trustee White moved to approve the consent agenda with the addition of item h.
Trustee Einspahr seconded the Motion.
The vote of those Trustees present was unanimously in favor. Motion carried.
MANAGEMENT MONITORING REPORTS
Town Administrator Matt Cohrs told the Board that a conference call has been set up for the
unpaved road project. Mr. Cohrs stated that this will get the process moving.
Mr. Cohrs informed the Board that next week there will be a soft launch of the new website. Mr.
Cohrs said that the Town newsletter will be coming back and will mirror the webpage and the
Town branding.
Mr. Cohrs said that once the budget is loaded into Caselle, the monthly financial report the
Board receives will match the new budget layout.
Community Development Director Ms. Erickson had nothing to add to her management report.
Mayor Vasquez asked Ms. Erickson if there were any Planning Commission Candidates.
Ms. Erickson said that they have been reaching out to new residents.
Ms. Oeser stated she had nothing to add to her management report.
Commander Melvin Berghahn told the Board that the new Tahoes are done and ready to go.
Commander Berghahn said that one of the Tahoes is being shown at the Sheriff’s Conference
in Loveland.
Public Works Director Mike DeVol did not have anything to add to his Board report.
BOARD OF TRUSTEES REPORTS
Trustee Jurczewsky asked about fencing permits and regulations.

Trustee Gaither stated that fencing permits would be helpful with new roads and drainage
changes coming.
Ms. Erickson stated that PR materials need to be prepared and that she is currently working
with Elbert County on GIS overlays.
Page 2 of 7
January 8, 2018
Ms. Erickson said that this can be a priority if the Board would like.
Trustee Jurczewsky stated she would also like to see something regulating landscaping.
Student liaison Ms. Gerczynski said that the High School Jazz Band and Choir are having a
concert on January 18, 2018 from 6:00 pm to 8:00 pm.
Ms. Gerczynski stated that FBL members are taking their objective test.
NEW BUSINESS
a. Discussion and possible approval of Resolution 19R01, a Resolution Establishing a

Designated Public Place for the Posting of Meeting Notices as Required by the Colorado
Open Meetings Law
Ms. Oeser gave a staff report on Resolution 19R01, a Resolution designating a Public Posting
place for meeting notices.
Staff requested that the Board approve Resolution 19R01.
MOTION: Trustee Ternus made a Motion to approve Resolution 19R01, a Resolution

Establishing a Designated Public Place for the Posting of Meeting Notices as Required by the
Colorado Open Meetings Law.
Trustee White seconded the Motion. A roll call vote of those Trustees present voted 7 in favor
and 0 opposed. The Motion carried.
b. Discussion and possible action on Resolution 19R02, a Resolution approving the

Agreement for Professional Services between the Town and Rick Engineering Company
Ms. Erickson gave a staff report on Resolution 19R02, an agreement with Rick Engineering
Company.
Britt Palmberg introduced himself to the Board. Mr. Palmberg is representing the Rick
Engineering Company.
Mr. Palmberg stated that Rick Engineering is very excited about the opportunity to work with the
Town of Elizabeth.
The Board of Trustees thanked Mr. Palmberg for coming out to meet them.
Trustee Ternus asked if the clerical errors had been corrected in the agreement.
Ms. Erickson verified that the errors had been corrected and the agreement is updated.
MOTION: Trustee White made a Motion to approve Resolution 19R02, a Resolution approving
the Agreement for Professional Services between the Town and Rick Engineering Company.
Page 3 of 7
January 8, 2018
Trustee Payne seconded the Motion. A roll call vote of those Trustees present voted 7 in favor
c. Discussion and possible action on Resolution 19R03, a Resolution approving the

Addendum to the Professional Services Agreement between the Town and Stolfus &
Associates, Inc.
Ms. Erickson gave a staff report on Resolution 19R03, an addendum between the Town and
Stolfus & Associates, Inc.
Staff recommends approval of Resolution 19R03, a Resolution approving an Addendum to the

Professional Services Agreement between the Town and Stolfus & Associates, Inc.
MOTION: Trustee Ternus made a Motion to approve Resolution 19R03, a Resolution approving
the Addendum to the Professional Services Agreement between the Town and Stolfus &
Associates, Inc.
Trustee Jurczewsky seconded the Motion. A roll call vote of those Trustees present voted 7 in
favor and 0 opposed. The Motion carried.
d. Discussion and possible action on Resolution 19R04, a Resolution approving the Second
Addendum to the Professional Services Agreement between the Town and Mott
MacDonald as Successor in Interest to Richard P. Arber Associates, Inc.
Ms. Erickson gave a staff report on Resolution 19R04, a Resolution approving an Addendum to
the Professional Service Agreement between the Town and Mott MacDonald.
Staff recommends approving Resolution 19R04, a Resolution approving the Second Addendum
to the Professional Services Agreement between the Town and Mott MacDonald as Successor
in Interest to Richard P. Arber Associates, Inc.
MOTION: Trustee Jurczewsky made a Motion to approve Resolution 19R04, a Resolution

approving the Second Addendum to the Professional Services Agreement between the Town
and Mott MacDonald as Successor in Interest to Richard P. Arber Associates, Inc.
Trustee Gaither seconded the Motion. A roll call vote of those Trustees present voted 7 in favor
e. Discussion and possible action on Administrative Minor Amendment to Ritoro Planned

Unit Development Guide
Ms. Erickson gave a staff report on a request from a developer for an amendment to a planned
unit development guide.
Ms. Erickson stated that if the Board finds that the amendment is minor, it may go through an
administrative process.
Page 4 of 7
January 8, 2018
Jim Marshall the developer told the Board that the amendment would only affect eleven lots.
Mr. Marshall stated that the need for the amendment was not picked up earlier. He said that
some of the lots are not deep enough.
Mr. Marshall said that the amendment will not change the lot count.
The Board unanimously agreed that this is a minor amendment and may go through an
administrative approval process.
f. Discussion and possible action on Resolution 19R05 a Resolution approving the retention
of the Adams Group, LLC to conduct the audit of the Town’s 2018 Financial Statements in
an amount not to exceed $21,950
Mr. Cohrs gave a staff report on Resolution 19R05, a Resolution approving the retention on the
Adams Group, LLC to conduct the Town’s audit.
Staff recommends approving Resolution 19R05 a Resolution approving the retention of the
Adams Group, LLC to conduct the audit of the Town’s 2018 Financial Statements in an amount
not to exceed $21,950.
MOTION: Trustee Ternus made a Motion to approve Resolution 19R05 a Resolution approving
the retention of the Adams Group, LLC to conduct the audit of the Town’s 2018 Financial
Statements in an amount not to exceed $21,950.
Trustee Payne seconded the Motion. A roll call vote of those Trustees present voted 7 in favor
g. Discussion and possible action on Resolution 19R06, a Resolution amending the

Water/Sewer Tap Fees and the renewable water resource fee
Mr. Cohrs gave a staff report on Resolution 19R06, a Resolution amending Water/Sewer Tap
fees and the renewable water resource fee.
Staff recommends approving Resolution 19R06, a Resolution amending tap fees and the
renewable water resource fee.
Discussion between the Board and staff followed Mr. Cohrs’s staff report.
MOTION: Trustee Payne made a Motion to approve Resolution 19R06, a Resolution amending
the Water/Sewer Tap Fees and the renewable water resource fee.
Trustee White seconded the Motion. A roll call vote of those Trustees present voted 7 in favor
Page 5 of 7
January 8, 2018
h. Discussion and possible action on Ordinance 19-01 an Ordinance amending Article V of

Chapter 10 of the Town of Elizabeth Municipal Code with the addition of a new section
Prohibiting Smoking or Using Electronic Smoking Devices on Public Property, Excluding
Streets, Sidewalks and Alleys
Mr. Cohrs gave a staff report reviewing what the Board and staff had discussed at the workshop
session on the possible Ordinance prohibiting smoking on public property.
Mr. Cohrs stated that signage will be posted on properties .
Ms. Gerczynski asked if there are going to be sections where people are allowed to smoke?
Mr. Cohrs said that designated smoking areas are being looked into.
Trustee Ternus stated that she is opposed to this. She believes it excludes a portion of our
population.
Discussion followed between Board members and staff.
MOTION: Trustee White made a Motion to approve Ordinance 19-01, an Ordinance amending
Article V of Chapter 10 of the Town of Elizabeth Municipal Code with the addition of a new
section Prohibiting Smoking or Using Electronic Smoking Devices on Public Property, Excluding
Streets, Sidewalks and Alleys.
Trustee Einspahr seconded the Motion. A roll call vote of those Trustees present voted 6-1, with
Trustee Ternus voting against. The Motion carried.
i. Discussion and possible action on Resolution 19R07 a Resolution approving payment of

$25,704.45 to National Speaker and Sound for the sound system for Town Hall
Mr. Cohrs gave a staff report on Resolution 19R07, approving payment to National Speaker and
Sound.
Staff recommends approval of Resolution 19R07, a Resolution approving payment of

$25,704.45 to National Speaker and Sound for the sound system for Town Hall.
MOTION: Trustee Jurczewsky made a Motion to approve Resolution 19R07, a Resolution

approving payment of $25,704.45 to National Speaker and Sound for the sound system for
Town Hall.
Trustee Ternus seconded the Motion. A roll call vote of those Trustees present voted 7 in favor
j. Discussion and possible action on Resolution 19R08 a Resolution approving a permanent

recreational trail easement and a temporary construction easement with Elizabeth Park
and Recreation District
Item j was tabled to a future Board meeting.

Page 6 of 7
January 8, 2018
MINUTES
Main Street BOD 11/8/18
Mayor Vasquez said that it sounded like Town Christmas ornament sales went well this year.
Ms. Erickson stated that seventy-two out of one hundred ornaments had been sold. Ms.
Erickson said they will try one more year and open it up to a wider scope of businesses.
EXECUTIVE SESSION
Motion Mayor Vasquez made a motion to go into executive session at 7:58 pm.
“To determine positions relative to matters that may be subject to negotiations, develop a
strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. § 24-6-402(4)(e).”
Trustee Ternus seconded the Motion. The vote of those Trustees present was unanimously
in favor. The Motion carried.
Motion Mayor Vasquez made a motion to go into executive session at 7:58 pm.
“ To consider personnel matters, pursuant to C.R.S § 24-6-402(f).”
Trustee Ternus seconded the Motion. The vote of those Trustees present was unanimously
Motion Trustee Ternus moved to close the Executive Session at 9:24 pm.
Trustee Jurczewsky seconded the Motion. The vote of those Trustees present was unanimously
Mayor Vasquez closed the Executive Session at 9:24 pm.

Mayor Vasquez re-opened the regular meeting of the Board of Trustees at 9:25 pm.
ADJOURNMENT
Trustee Jurczewsky moved to adjourn the regular meeting at 9:25 pm.
Trustee Gaither seconded the Motion. The Motion carried all in favor.
____________________________ _____________________________
Mayor Megan Vasquez Town Clerk Michelle M. Oeser
Page 7 of 7
BOARD
APPOINTMENTS AND
RESIGNATIONS
Desiree M. Kameka
Letter of Interest - Planning Commission
2088 Woodpecker Lane | Elizabeth, CO 80107
786.546.6311 cell | 240.246.7140 office
January 5, 2019
Grace K. Erickson
Town of Elizabeth
151 South Banner Street
Elizabeth, CO 80107
Dear Ms. Erickson,

It is with enthusiasm that I write this letter of interest to join the Planning Commission for the
Town of Elizabeth. My professional expertise and personal life mission is to ensure the
neurodiverse* population and their families have access to supportive homes and communities
that value interdependence and unique differences. *Neurodiversity is a term that describes the
range of cognitive experience, both congenital (such as autism, down syndrome, cerebral palsy,
etc) as well as acquired impairments (such as dementia, PTSD, or brain injury, etc).
For the last eight years, my work developing the Autism Housing Network has focused on
researching supportive housing issues, advocating on issues of neurodiversity in adulthood, and
presenting at local, national and international gatherings. As a recognized disability housing
expert, media outlets such as The Atlantic, Rolling Stone Magazine, NPR and ABC News have
quoted me and referenced my work; and some of my notable presentations include UBS Global
Autism Innovation Roundtable, the United Nations 2017 World Autism Awareness Day, and at
the National Institute of Health (NIH) to the Interagency Autism Coordinating Committee.
My husband and I bought our home in Elizabeth just over a year ago. We richly value our “rural
surprise” and actively participate in local events, prioritize supporting local businesses and have
started a small occupational therapy practice. It would be my honor to serve my community by
participating on the Planning Commission.
Thank you for your consideration and I look forward to hearing from you.
Sincerely,
Desiree Kameka
Director of Community Engagement and Housing Network
Madison House Autism Foundation

15201 Shady Grove Road, Suite 200
Rockville, MD 20850 l 240.246.7140
MANAGEMENT
MONITORING REPORTS
TOWN OF ELIZABETH
Management Team
January 22, 2019
Management Team - Monitoring Report

Administration/Town Administrator – Matt Cohrs
 None
Community/ Economic Development – Grace Erickson

 Please find attached a memo from CDOT regarding the County Road 13 realignment project.
 Staff is working with the Town’s Building Official to explore the adoption of the 2018 International Building
Code. The timing of adoption is important as to manage expectations of various builders looking to do business
in Elizabeth. We would also look at the adoption of an “existing” version building code for historic preservation
purposes. Staff is proposing a work session at an upcoming meeting if the Board is interested.
 Staff is working to finalize the Steering Committee for the Elizabeth Comprehensive Plan per the Board’s
direction on January 8th. Attached is the currently list, and Staff anticipates a verbal update with some additions
on January 22nd.
 The Board can expect monthly written reports from RICK regarding the progress and status of the Elizabeth
Comprehensive Plan development.
 There is no Advisory Board Quarterly Report from the Historic Advisory Board this quarter due to scheduling
conflicts and lack of quorum that have impacted recent meetings. Staff is happy to answer any questions on
the Historic Preservation Program.
Town Clerk – Michelle Oeser

 Staff is working with Municode to get all the 2018 ordinances updated to the codebook.
 Tina Boness will be attending Board meetings sporadically to learn processes, work on taking notes and
writing minutes. Ms. Boness will also start learning how to put together agendas and Board packets.
 Harmony Malakowski has started the process of inventorying the basement. There are a large number of
items downstairs that are out of date. Ms. Malakowski will be reviewing what needs to go and at what can still
be used by staff.
Police – Chief Steve Hasler

 See attached Stats
Public Works and Utilities – Mike DeVol

 None
TOWN OF ELIZABETH
COMMUNITY DEVELOPMENT DEPARTMENT
Elizabeth Comprehensive Plan

Steering Committee
Business Community:
Tim Brown, Tim Brown Jewelers
Lisa Lessard, Universal Lending Corporation
HOA Community:
Lee McCammon, Wild Pointe Ranch HOA President
Bob Ware, Gold Creek HOA President
Development Community:
Darren Spradling, Turn 2 Construction
1 other pending
Elizabeth residents:
2 pending
▪ PO Box 159, 151 S. Banner Street ▪ Elizabeth, Colorado 80107 ▪ (303) 646-4166 ▪ Fax: (303) 646-9434 ▪
www.townofelizabeth.org
Police Activity
The following is an informational breakdown of officer activity from 12/30/2018 at 9.00am to

01/13/2019 at 9.00am. This information is retrieved from our Records Management System (RMS),
identified as New World.
356 Incidents
▪ 17 Traffic Stops: 9 Traffic Citations, 4 Verbal Warnings, 4 Written Warnings

▪ Increase Patrol – 160
▪ Follow up – 5
▪ Alarm Business Burglary - 3
▪ Assist Other Agency - 2
▪ Assist Fire Department - 2
▪ Business Check – 47
▪ Building Check - 2
▪ Abandoned Vehicles – 2
▪ Attempt to Contact - 3
▪ Directed Patrol - 36
▪ Citizen Assist – 8
▪ Welfare Check – 2
▪ Suspicious Vehicle - 1
▪ VIN Verification –
▪ Medical Assist -
▪ Motor Vehicle Accident Property - 5
▪ REDDI Report - 4
▪ Motorist Assist - 1
▪ Traffic Hazard - 4
▪ Parking Complaint - 11
▪ Drug Offense - 1
▪ Recovered Stolen Vehicle - 1
▪ Municipal Ordinance Violation - 6
▪ County Ordinance Violation - 1
▪ Suspicious Circumstances - 1
▪ Traffic Complaint - 1
▪ Citizen Contact - 1
▪ Park Check - 2
▪ Housewatch - 5
▪ Domestic - 1
▪ Repossession - 1
▪ Suspicious Circumstances - 2
▪ Disturbance - 3
▪ Animal Cruelty - 1
▪ Open Door - 1
▪ Littering Complaint - 1
▪ Vehicle Fire - 1
▪ Harassment - 1
▪ Private Property Tow - 1
13 Criminal Case Reports Include:
Domestic Violence - 12/30/2018

The Elizabeth Police Department was dispatched to a residence on Logan Street on a report of a
domestic disturbance. The male party was later transported to Elbert County Jail and charged with an
Act of Domestic Violence. #18-6558
MVA investigation- 01/02/2019

The Elizabeth Police Department responded to a call in the area of S. Elbert Street, on a report of an
accident. Upon further examination, there was insufficient evidence to conduct an accident
investigation. #19-0025
Disturbance - 01/02/2019
The Elizabeth Police Department received a report of an adult male having a psychotic episode. He was
later evaluated by Elizabeth Fire and transported to Castle Rock Adventist hospital. #19-0029
Municipal Ordinance Violation - 01/03/2019

The Elizabeth Police Department and Elizabeth Fire were dispatched to a residence on E. Kiowa Street,
on a report of an occupant burning tires. According to Elizabeth Fire, the building had several fire code
violations. A Correction Action Notice was issued by Elizabeth Fire, giving him ten days to remedy the
fire code violations. No summons was issued at this time. #19-0039
Citizen Assist - 01/05/2019

The Elizabeth Police Department was on a special assignment at the Elizabeth Library to assist with a
HOA meeting. Several parties became agitated. No crime occurred. #19-0110
Municipal Ordinance Violation - 01/05/2019

A Municipal summons was issued to a resident on S. Elbert Street regarding an abandoned vehicle.
#19-0123
Traffic Stop - 01/08/2019

During a routine traffic stop, it was discovered the driver of the vehicle was driving with a revoked
driver’s license and expired number plates. The vehicle was impounded, and the driver was transported
to the Elbert County Sheriff’s Detention Facility. #19-0173
Welfare Check - 01/09/2019

Adult Protective Services (APS) contacted the Elizabeth Police Department to request a Welfare Check
on a resident of Settlement Lane. It was discovered that the adult in question had recently moved and is
no longer resident in the Town of Elizabeth. Contact was made with the man via phone. This case will
be forwarded to APS. Nothing further at this time. #19-0206
Welfare Check - 01/09/2019
The Elizabeth Police Department was contacted by Adult Protective Services (APS) regarding possible
abuse to an at-risk adult residing in the Town of Elizabeth. This investigation is ongoing. #19-0216
Recovered Stolen Vehicle - 01/09/2019

While attempting to pull over a vehicle for striking a deer, the driver accelerated at high speed towards
Kiowa, eluding the Elizabeth Police Department. The Elbert County Sheriff’s Office continued to follow
the vehicle for forty-two miles before apprehending the suspect. It was discovered the vehicle had been
reported stolen by Denver Police Department. #19-0231
MVA Property - 01/10/2019

Two vehicles were involved in a minor accident on E. Kiowa Avenue. One rear-ended the other. The
driver of the second vehicle was issued a Municipal summons for Driving Too Closely. #19-0250
Drug Offense - 01/11/2019

An anonymous party reported to the Elizabeth Police Department that there was a Snapchat video
circulating of four students smoking marijuana at the Elizabeth High School. This case is still under
investigation. #19-0281
MVA Property - 01/11/2019

The Elizabeth Police Department responded to the scene of a crash that occurred at the intersection of
Kiowa Avenue and Pine Street. A vehicle had crashed into a Stop sign, a fence and a parked pickup
truck. The owner of the vehicle was contacted and found to be a pregnant lady who had lost control of
the vehicle due to the icy conditions. She was transported to hospital for evaluation. #19-0289
VICTIM ADVOCATE DUTIES

As of January 1 2019, Victim Advocate duties will be moved in house to allow for better control and
better efficiency, and will allow for a closer relationship with victims of crime in Elizabeth and the police
department. Sorcha will be taking over this duty.
VEHICLES
The two new police SUV’s should be delivered to us by the end of this month. This will allow the 2008
Ford Expedition to migrate to Code Enforcement and the current Code Enforcement vehicle ( 2004 Ford
Explorer) to be used for Victims Advocate duties.
NEW BUSINESS
TOWN OF ELIZABETH
TO: Honorable Mayor and Board of Trustees

FROM: Grace K. Erickson, Community Development Director
DATE: December 7, 2018; January 16, 2019 (Cont.)
SUBJECT: Elizabeth West annexation and zoning to Agriculture
EXECUTIVE SUMMARY
The hearing is regarding the request for annexation of 460 acres of property and zoning of 426
acres to Agriculture (A-1). The A-1 zoning serves as a holding-zone until such time a plan for future
development is pursued. A total of five (5) annexations that encompass the 460 acres are included
in this proposal. The Planning Commission, after hearing the proposed zoning, recommended
approval to the Board of Trustees. Staff is recommending approval of the proposed annexation and
zoning of this project due to the growth pressure that currently exists in and around Elizabeth and
the opportunity the annexation offers to the Town to shape and manage any potential development
of this property. Additionally, the A-1 district is the least intensive of the Town’s zoning districts
and suits the property until such time a future zoning proposal is pursued with the Town.
*The applicant representative will be present for the hearing with a PowerPoint presentation on the project.
TOWN OF ELIZABETH
FINDINGS OF FACT
The application is to annex and zone the property known as “Elizabeth West”. A-1 zoning is proposed for the annexed
property. A total of five (5) annexations are proposed, as outlined in the attached Ordinances.
The Elizabeth West property includes two parcels and is located west of the current Town limits, east of County Road 3,
and south of Highway 86 and consists of approximately 426 acres. The annexation involves State Highway 86 from
existing Town limits west to County Road 3. The annexation would consist of roughly 460 acres in total. The property is
currently zoned within Elbert County as Agriculture and contains a total of three (3) residential structures, two (2) of which
are occupied. All structures currently existing on the site are anticipated to be removed in the future but would be required
to connect to the Town’s municipal utility system with the appropriate abandonment of well and septic systems in the case
that the structures remain on the property and in use. The property is bordered by a mix of agriculture and residential
agriculture to the north, residential/ developed land to the south and east, and agriculture to the west.
Resolution 18R56 was approved and adopted by the Board of Trustees on October 23, 2018 and found the annexation
petition to be in substantial compliance with the requirements of Title 31, Article 12, C.R.S. The Resolution established a
hearing date of November 27, 2018. Following the November 27th hearing for the annexation, the action of the Board was
to continue the hearing to December 11, 2018.
Conformance with Town Master Plan

The Town’s 2008 Master Plan identifies the preferred land use for the properties as Rural Estate/ Agricultural Holding.
TOWN OF ELIZABETH
Sec. 16-1-100. - Agriculture (A-1) District.

(a) Purpose. The Agriculture (A-1) District is to provide areas a minimum of five (5) acres in size for very low density. The
A-1 District may be used to establish a buffer of low-intensity uses along streams, floodplains and similar environmentally
sensitive areas. A-1 zoning is to protect and preserve valuable agricultural and natural resource areas and pasture lands,
while allowing for agricultural operations and natural resource industries. The A-1 District is composed mainly of
unsubdivided lands that are vacant or are in agricultural uses with some dwellings and some accessory uses.
Sec. 16-1-240 (b) Procedure for Zoning Map amendment (rezoning)

(1) Submittal of rezoning application. The applicant will submit to the Community Development Department the materials
necessary for the rezoning request to be heard by the Planning Commission. The Community Development Department
shall have ten (10) days to review the submittal for completeness.
(2) The Community Development Department will send the application out for referrals to various agencies for comment.
These agencies will have twenty-five (25) days to respond.
(3) A hearing is scheduled before the Planning Commission, and a fifteen-day public notice is required as outlined in
Subsections 16-4-30(b) through (d) of this Chapter.
(4) Planning Commission hearings. The Planning Commission shall conduct a public hearing for the purpose of providing a
recommendation to the Board of Trustees on the rezoning issue. The Planning Commission may take any action as
outlined in this Chapter. Scheduling of the hearing will depend on other development applications to be heard by the
Planning Commission.
(5) Board of Trustees hearings. The Board of Trustees shall conduct a public hearing to consider the rezoning. Notice of
the hearing shall be given as provided in Article IV of this Chapter. The Board of Trustees, at the public hearing and after
review and discussion of the proposal, shall make one (1) of the following actions:
a. Approval of the request, without conditions.
Town of Elizabeth Community Master Plan, 2008
b. Conditional approval of the request, indicating for the record what
Mapconditions shall be
5, Preferred attached
Land to the proposal.
Use Plan
c. Denial of the request, indicating for the record the reasons for the recommendation of denial.
d. With the consent of the applicant, continue the request until the next available meeting in order to obtain more
information to help clarify or support the request before it.
If the Board of Trustees decides to rezone the property, the Board of Trustees shall adopt an ordinance rezoning the
property. To this ordinance will be attached the development plan and guide, if planned development zoning is proposed.
Sec. 16-1-240 (b) (6) (f) Approval considerations. The Planning Commission and Board of Trustees, in review of
rezoning requests, shall consider the following factors:
1. A need exists for the proposal;
2. The particular parcel of ground is indeed the correct site for the proposed development;
3. There has been an error in the original zoning; or
4. There have been significant changes in the area to warrant a zone change;
5. Adequate circulation exists and traffic movement would not be impeded by development; and
6. Additional municipal service costs will not be incurred which the Town is not prepared to meet.
7. There are minimal environmental impacts or impacts can be mitigated.
8. The proposal is consistent with the Town Master Plan maps, goals and policies.
9. There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to the
proportional degree necessary due to the impacts created by the proposed land use.
TOWN OF ELIZABETH
Public Notice
Notification procedures have been completed as required per the Municipal Annexation Act of 1965.
• Notice was published in Ranchland News for five (5) consecutive weeks with the first publication being October
25, 2018 and last publication on November 22, 2018.
• Copies of the legal notice and annexation petition were distributed via registered mail on October 23, 2018 to the
following: Elbert County Board of County Commissioners, Elbert County Attorney, Elizabeth School District,
Elizabeth Fire Protection District, Pines and Plains Library District, and Elizabeth Parks and Recreation District.
• The annexation impact report was filed with the Elbert County Board of County Commissioners on October 24,
2018.
Staff has received one comment regarding the proposed annexation.
Notification procedures have been completed as required in Chapter 16, Article IV of the Elizabeth Municipal Code
and C.R.S. § 24-65-5-101, as follows:
• Notice was published in Ranchland News November 1, 2018.
• Property Owners adjacent to the subject property were notified by mail on October 31, 2018.
• Notice was posted on the property on November 5, 2018.
• Notice was mailed to Mineral Estate Owners on October 19, 2018.
Staff has received no comments regarding the proposed rezone.
ANNEXATION AGREEMENT
An annexation agreement between the Town of Elizabeth and Property Owners would be included with the annexation
approval per Resolution 18R64. A majority of the components would be applied if and/ or when the property is developed
or zoned for development. Key components of this agreement include:
• Construction of necessary water and sewer infrastructure at Property Owner’s sole cost and expense
• Dedication of water rights upon zoning of the property to any other zoning designation than A-1
• Dedication of one (1) acre site to the Town for water storage tank
• Dedication of one (1) acre site to the Town for water well and ancillary facilities
• Dedication of two (2) sites consisting of 0.5 acres to the Town for construction of lift stations
• Oversizing of interconnecting water mains to sixteen (16) inches
• Abandonment of existing well and septic systems
• Dedication to the Town the right-of-way necessary to improve and construct future roadways within and
surrounding the properties
• Signalization of State Highway 86 and County Road 3 upon development
• Construction of the necessary roadway infrastructure to Town standard to serve the property upon future
development
• Completion of a traffic study to be reviewed and approved by the Town’s Traffic Engineer upon future land use
pursuits
• Dedication of right-of-way adjacent to Highway 86 upon annexation to accommodate four (4) travel lanes
• Contribution of $100,000 toward the Main Street streetscape project to be used for design and/ or construction
• Payment of annexation impact fees upon development
• Dedication of five (5) acres to the Town for future Town facilities
TOWN OF ELIZABETH
PLANNING COMMISSION RECOMMENDATION

A hearing was held with the Planning Commission on November 20, 2018. The Planning Commission voted to
recommend approval to the Board of Trustees the zoning of the property known as Elizabeth West to A-1.
STAFF RECOMMENDATION
The proposal is in compliance with the Town’s Land Use and Development Code. Staff finds the proposed zoning of
the property to be in conformance with the Town’s 2008 Community Master Plan.
The proposed zoning, A-1, is the least-intensive of the Town’s zoning districts. Significant growth pressure exists
throughout the County, and the Town seeks to shape the development that would occur around the municipality. The
A-1 zoning is appropriate for the property and serves as a holding-zone until a future proposal is submitted regarding
further zoning of the property, and the zoning designation would preserve the property until such time a thoughtful
plan is put forth in regard to future use of the property.
The annexation agreement contains obligations that the developer would be held to upon development of the
property, including roadway improvements as well as extension of municipal utilities to the site. Additional
dedications and financial contributions would be required pending any further land use approvals for the annexed
property. Other concessions are included in the agreement that would accommodate the Town’s current and future
needs.
Staff recommends approval of Resolution 18R64, a Resolution making certain Findings of Fact regarding the
proposed annexation of parcels of land to the Town of Elizabeth, Colorado, known as the Elizabeth West Annexation;
Ordinance 18-18, an Ordinance approving and accomplishing the annexation of Parcel A of Contiguous
Unincorporated Territory known as the Elizabeth West Property in Elbert County; Ordinance 18-19, an Ordinance
approving and accomplishing the annexation of Parcel B of Contiguous Unincorporated Territory known as the
Elizabeth West Property in Elbert County; Ordinance 18-20, an Ordinance approving and accomplishing the
annexation of Parcel C of Contiguous Unincorporated Territory known as the Elizabeth West Property in Elbert
County; Ordinance 18-21, an Ordinance approving and accomplishing the annexation of Parcel D of Contiguous
Unincorporated Territory known as the Elizabeth West Property in Elbert County; Ordinance 18-22, an Ordinance
approving and accomplishing the annexation of Parcel E of Contiguous Unincorporated Territory known as the
Elizabeth West Property in Elbert County; and Ordinance 18-23, an Ordinance zoning property newly annexed to the
Town of Elizabeth to Agriculture (A-1) District.
ATTACHMENT(S)
Supplemental memos
Resolution 19R09
Ordinance 19-02
Ordinance 19-03
Ordinance 19-04
Ordinance 19-05
Ordinance 19-06
Ordinance 19-07
Additional submittal materials
Referral agency comments
Applicant response
Public comment
TO: Grace K. Erickson, Community Development Director, Town of Elizabeth
FROM: Mike Pesicka, Senior Planner, SAFEbuilt Studio
DATE: November 19, 2018
RE: Analysis of Annexation and Rezoning Case #18-12-AN Z Elizabeth West
Background:
The purpose of this memo is to provide the Town of Elizabeth with an analysis for the proposed
annexation and rezoning of property generally located south of State Hwy 86, east of Legacy
Ridge Street, and west and north of the Wild Pointe Subdivision, in relation to the Land
Development Code, and Master Plan of the Town.
Annexation Petition and Agriculture Zoning Documents:
The Elizabeth West annexation and zoning consists of 425.9 acres located south of State
Highway 86 and just east of Legacy Circle. A small unnamed drainage area runs through the
property from southwest to northeast, and a few small ponds exist on the site.
The proposed uses, lot sizes, development and final road layout, and final access points are not
yet known. Proposed public access points are shown along State Hwy 86 and Legacy Ridge
Road on the Elizabeth West Annexation Map, but the exact location, width, and turning
movements will be determined at a later. The Colorado Department of Transportation (CDOT)
controls access locations on State Hwy 86.
The preferred Land Use Map in the Master Plan was developed through coordination with
Elizabeth residents and businesses and identifies areas that are favored for future
development. The Land Use Map is considered the Urban Growth Area of the community.
Following are some of the issues citizens identified related to future growth:
• Growth is occurring in a linear pattern along State Hwy 86 and citizens want to avoid a
commercial strip. The Elizabeth West Annexation continues expansion along Hwy 86
but also includes a large area of land south of the highway that provides depth to the
development instead of only commercial strip development.
• Area residents would like to see a wider range of local employment opportunities.
Future zoning and uses for the Elizabeth West development have not been determined,
but the opportunity exists for commercial development that may offer more local
employment opportunities to the Town’s citizens.
safebuiltstudio.com 720.749.1086 Page |1

The Elizabeth West development lies within the Town’s Urban Growth Area which is land that is
likely to be subject to increased development and is considered appropriate for urban growth
as well as urban services. These are areas that are appropriate for the location and
development of land consistent with the Town’s regulations and infrastructure requirements
and will not overly stress the Town’s ability to provide services.
The proposed development also lies within the Urban Service Area that supports the extension
of centralized services that allows the Town to provide urban levels of service with minimal
infrastructure improvements.
Per Colorado Revised Statutes, annexation of land must also be accompanied by a rezone of the
property to a zone district of the annexing municipality. The Town’s Agriculture (A-1) zone
district is proposed for the Elizabeth West annexation and acts as a “holding” zone district until
future zoning and uses are defined. Future rezoning and development of Elizabeth West must
be approved by the Town’s Board of Trustees.
In summary, the applicant has addressed comments from the Town’s Planning staff, and the
Elizabeth West annexation and zoning meets or exceeds many goals and policies of the Town’s
Master Plan without placing an unnecessary burden on the Town’s residents and business to
extend water, sewer, and other municipal services to the project.
safebuiltstudio.com 720.749.1086 Page |2

Memorandum
To: Grace Erickson, Town of Elizabeth Community Development Director
From: Matthew J. Brown, PE, PTOE
Date: November 20, 2018
Re: Elizabeth West Annexation
It is likely that the zoning of the subject property will change to something other than Agriculture in the
future. Therefore, it is important that the conditions of annexation anticipate the possibility of a more
traffic-intensive development occurring at Elizabeth West.
For this reason, the annexation conditions include provisions for a (as yet to be determined) future public
street system, to be designed, constructed, and dedicated by the Applicant.
In addition, ROW dedications to provide for the build out of adjacent transportation facilities and access
points including Legacy Ridge Street / County Road 3, Prairie Hawk Circle, and Colorado State Highway
86 (CO 86) are also exacted.
Permitting, design and construction of any and all access points to CO 86 are also stipulated to be the
responsibility of the Applicant.
Design and construction of all necessary road improvements to Legacy Ridge Street / County Road 3
adjacent to Elizabeth West, including intersection improvements and signalization are also accounted for
in the agreement.
If and when the zoning changes in the future, a traffic impact study will be required. This will enable the
Town to identify additional transportation obligations of the development, as appropriate.
In summary, the conditions of annexation for Elizabeth West related to Road Dedications and
Improvements are comprehensive in nature and address the wide range of potential traffic impacts
associated with future development of the property.
RESOLUTION 19R09
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE

PROPOSED ANNEXATION OF PARCELS OF LAND TO THE TOWN OF
ELIZABETH, COLORADO, KNOWN AS THE ELIZABETH WEST
ANNEXATION
WHEREAS, a Petition for Annexation was filed with the Town Clerk (the "Petition)
requesting the annexation of certain unincorporated territory located in the County of Elbert, State
of Colorado, otherwise known as the Elizabeth West Annexation, and described in the attached
Exhibit A;
WHEREAS, the Petition was forwarded by the Town Clerk to the Board of Trustees;
WHEREAS, the Board of Trustees of the Town of Elizabeth, Colorado, by resolution

passed on October 23, 2018, found substantial compliance of the Petition with C.R.S. § 31-12-
107(1);
WHEREAS, the Board of Trustees of the Town of Elizabeth, Colorado, conducted a public
hearing on November 27, 2018, which was continued to and completed on December 11, 2018, as
required by law to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and
31-12-105 to establish eligibility for annexation of that property described in Exhibit A;
WHEREAS, public notice of the public hearing was published once a week for four (4)
consecutive weeks and notice by registered mail was given to the Clerk of the Board of County
Commissioners, the County Attorney, the school district and to any special district having territory
in the area to be annexed as required by law;
WHEREAS, the public hearing on the Petition was conducted in accordance with the
requirements of the law; and
WHEREAS, pursuant to C.R.S. § 31-12-110, the Board of Trustees, sitting as the

governing body of the Town of Elizabeth, Colorado, is required to set forth its findings of fact and
its conclusion as to the eligibility for annexation to the Town of Elizabeth of the property described
in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE

TOWN OF ELIZABETH, COLORADO, AS FOLLOWS:
Section 1. With regard to the annexation of the territory described in Exhibit A,

attached hereto and incorporated herein, the applicable provisions of C.R.S. § 31-12-104 have been
met, including specifically Section 31-12-104(1)(a) permitting annexation of one or more parcels
in a series, in that not less than one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the existing boundaries of the Town; and therefore, because of such contiguity, a
community of interest exists between the territory proposed to be annexed and the Town; the
11/30/2018
Q:\USERS\LIZ\RES\2018\ELIZABETH WEST ANNEXATION FINDINGS-R111918.DOCX
territory proposed to be annexed is urban or will be urbanized in the near future, and the territory
proposed to be annexed is integrated or is capable of being integrated with the Town.
Section 2. The applicable provisions of C.R.S. § 31-12-105 have been met in that no
land held in identical ownership has been divided or included without written consent of the owner
thereof; that no annexation proceedings have been commenced by another municipality; that the
annexation will not result in the detachment of area from a school district; that the annexation will
not result in the extension of a municipal boundary more than three (3) miles; that the Town has
in place a plan for said three-mile area; and that in establishing the boundaries of the area to be
annexed the entire width of any street or alley is included within the area annexed.
Section 3. An annexation election is not required under C.R.S. § 31-12-107(2) and that
no additional terms or conditions are to be imposed upon the area to be annexed other than as
contained in the Annexation Agreement, a copy of which is attached hereto and incorporated
herein as Exhibit B.
Section 4. The Annexation Agreement (Exhibit B) between the Town of Elizabeth and
BK2, LLC and New Point Properties, LLC, is hereby approved, and the Mayor and Town Clerk
are authorized and directed to execute the same.
Section 5. The property described in the attached Exhibit A is eligible for annexation
to the Town of Elizabeth and all requirements of law have been met for such annexation, including
the requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended.
Section 6. A series of ordinances annexing to the Town of Elizabeth that property

described in the attached Exhibit A shall be considered by this Board of Trustees pursuant to C.R.S.
§ 31-12-111.
Section 7. Effective Date. This resolution shall take effect upon adoption by the Board
of Trustees. However, by operation of C.R.S. § 31-12-113(2), the annexation will not become
effective until the Town Clerk completes the filings required by statute.
PASSED, APPROVED, and ADOPTED this ____ day of ______________, 2019, by

the Board of Trustees of the Town of Elizabeth, Colorado, on first and final reading, by a
vote of _______ for and _______ against.
______________________________
Megan Vasquez, Mayor
ATTEST
___________________________________
Michelle M. Oeser, Town Clerk
2
11/30/2018
Q:\USERS\LIZ\RES\2018\ELIZABETH WEST ANNEXATION FINDINGS-R111918.DOCX
EXHIBIT A
EXHIBIT A
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EXHIBIT A
ELIZABETH WEST 303.925.0544

ANNEXATION MAP PARCEL B www.2ncivil.com
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LOCATED IN SECTIONS 10-15, TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF ELBERT, STATE OF COLORADO
DESCRIPTION OF PROPERTY: ZONING:

EXISTING: ELBERT COUNTY, N/A- RIGHT OF WAY
A PARCEL OF PROPERTY LOCATED IN SECTIONS 12, AND 13, PROPOSED: TOWN OF ELIZABETH, N/A- RIGHT OF WAY
TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL GRANT IRD

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29. THENCE, S 89 ° 10' 44" E FOR A DISTANCE OF 15.58 FEET; COVER PAGE 1
30. THENCE, S 89 ° 16' 49" E FOR A DISTANCE OF 80.00 FEET; ANNEXATION MAP 2
TO THE POINT OF BEGINNING. CONTACT INFORMATION:
ENGINEER/SURVEYOR:
THENCE CONTINUING ALONG SAID SOUTH RIGHT OF WAY LINE PROPERTY OWNERS:
2N CIVIL, LLC
THE FOLLOWING FIVE (5) COURSES: STATE HIGHWAY 6 INVERNESS CT E SUITE 125
ENGLEWOOD, CO 80112
PH: (303) 925--0544
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ANNEXATION MAP
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LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF ELBERT, STATE OF COLORADO
-
A PARCEL OF PROPERTY LOCATED IN SECTIONS15 AND 14, TOWNSHIP 8 SOUTH, EXISTING: ELBERT COUNTY, AGRICULTURE (A)
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ELBERT, STATE OF PROPOSED: TOWN OF ELIZABETH, AGRICULTURE (A-1)
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: GRANT RD
ENGLEWOOD, CO 80155
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PREPARED FOR:
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PO BOX 4701
THENCE S00°22'36"E ALONG SAID WEST LINE A DISTANCE OF 40.09 FEET TO THE
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE CONTINUING ALONG SAID THE PROPOSED ANNEXATION BOUNDARY PERIMETER IS 23,543 L.F.
SOUTH RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 4,283 L.F. OF WHICH IS CONTIGUOUS TO THE TOWN OF ELIZABETH.
1. S89°54'23"E A DISTANCE OF 0.37 FEET;

2. S83°31'18"E A DISTANCE OF 70.12 FEET TO THE POINT OF BEGINNING;
CHEROKEE
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CR 3
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CR 13
PARCEL OF PROPERTY RECORDED AT BOOK 282, PAGE 326 OF THE ELBERT COUNTY
RECORDS; THENCE S00°05'50"E ALONG THE WEST LINE OF SAID BOOK 282, PAGE 326,
A DISTANCE OF 1292.59 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF
PROPERTY AS DESCRIBED IN RECEPTION NO. 476359 OF THE ELBERT COUNTY
RECORDS; THENCE N89°51'53"E ALONG THE SOUTH LINE OF SAID RECEPTION NO.
476359 A DISTANCE OF 505.82 FEET; THENCE N00°07'31"W ALONG THE SOUTH LINE OF
CR 17
SAID RECEPTION NO. 476359 A DISTANCE OF 390.28 FEET TO THE SOUTHWEST
TOWN OF ELIZABETH, COLORADO

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ELIZABETH WEST
COVER PAGE
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ANNEXATION MAP
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CR 132
DATE:
THENCE ALONG THE OUTER BOUNDARY OF SAID WILD POINTE SUBDIVISION THE
FOLLOWING NINE (9) COURSES:
1. S01°18'35”E A DISTANCE OF 1282.42 FEET
BY:
2.
3.
N89°34'47”W A DISTANCE OF 1355.08 FEET
S00°00'26”W A DISTANCE OF 1299.89 FEET
SHEET INDEX VICINITY MAP 0 2000' 4000'
4. N89°47'18”W A DISTANCE OF 24.33 FEET TO A POINT ON THE WEST LINE OF SCALE: 1" = 2,000 '
SCALE: 1" = 2000'
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; COVER PAGE 1
5. S00°12'40"E A DISTANCE OF 19.61 FEET TO THE SOUTHEAST CORNER OF THE
EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;
6. N89°15'50"W A DISTANCE OF 1295.00 FEET;
ANNEXATION MAP 2
9. N89°16'39"W A DISTANCE OF 2570.21 FEET TO A POINT 70.00 FEET EAST OF
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE N00°22'36"W, PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 AND
REVISIONS:
NORTHEAST 1/4 OF SAID SECTION 15, A DISTANCE OF 3916.48 FEET TO THE POINT OF
BEGINNING.
CONTAINING 425.90 ACRES +/-
4.
2.
3.
1.
CONTACT INFORMATION:
PROPERTY OWNERS:
7/9/18
18008
ART
EPT
BK2, LLC
988 ST HWY 86
ELIZABETH, CO 80107
PROJECT NUMBER:
PO BOX 3229
PARKER, CO 80134
REVIEWED BY:
DESIGNED BY:
ISSUED DATE:
NEW POINT PROPERTIES, LLC
1574 ST HWY 86
ENGINEER/SURVEYOR:
ELIZABETH, CO 80107
7/9/2018
J:\Projects\18\18008\dwg\ANEXATION\ANEXATION MAP.dwg
2N CIVIL, LLC
5786 LOGAN CT
6 INVERNESS CT E SUITE 125
DENVER, CO 80216
ENGLEWOOD, CO 80112
PH: (303) 925-0544
APPLICANT/DEVELOPER:
OWNER
MF INVESTMENTS, LLC
PO BOX 4701
ENGLEWOOD, CO 80155
PH: 303-507-6651
COVER PAGE
EMAIL: JIMMARSHALL@BCXDEVELOPMENT.COM
1
EXHIBIT A
CIVIL
R117657
REFORMATION CHURCH OF THE
ANNEXATION MAP
PARCEL E R112762 R112753
R112754
0 300'
SCALE: 1" = 300'

600' www.2ncivil.com
CHRISTY KEVIN D
ROCKIES VAN CAMPEN MARVIN E SPRUTE THEODORE A 1589 STAGECOACH CIR
489 ROCKY CLIFF CIR LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF ELBERT, STATE OF COLORADO 1445 WAGON TRAIN CIR & MARILEE R ELIZABETH, CO 80107
R117658 ELIZABETH, CO 80107 R112761 ELIZABETH, CO 80107 34312 CHEROKEE TR
HIX DAVID BUSKER TERRIE ELIZABETH, CO
473 ROCKY CLIFF CIRCLE 31896 CO RD 17-21 L & WARWICK 80107
LA
ELIZABETH, CO 80107 ELIZABETH, CO 80107 EDWIN K
MA DEB TO O 80
1
EL
18 ABE
34
R1 IA J AH IL
1259 WAGON
09 EL
NT OR TR 10
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81 TH
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PIN , C
ELIZABETH, CO 34 I
09 E M DY R
14 LIZA
9 ES &
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80107
E
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R112755 F & WPINT , CO
R1 ST RA 010
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R112789 ZAGARELLA 61 ET
12 EV IN 7
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18 ZAB 107
75 EN CIR
STAGE RUN HOME VINCENT B I 80
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7
R112760 OWNERS ASSOCATION 1620
7
1558 STAGECOACH TR I N TO CO
NEEPER JAMES R JR STAGECOACH CIR P TH,
135 IZABE
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ELIZABETH, CO 80107 15 E
18 ZAB 107
C
ELIZABETH, CO
EL
& MARY SAMANTHA
TCL MOTH RAIN C 7

I 80
2W
R112759 L
& T ON T 8010
1228 WAGON TRAIN CIR 80107 E
R11 SUE
R115601
R119124 BAUD WAYNE E
PA OH NTO 80
AG H, CO
IFF
ELIZABETH, CO 80107
I
ELIZABETH STAGE RUN
EL
275
KHALAF NASHAT & KELLY
TR NI
& J 8 PI , CO
R1 K BE SUE
HOMEOWNERS ASSOCIATION
19 ETH
T
R118823
IZA
1223 ST HWY 86 R112756 35180 CHEROKEE TR
IC E
1290 WAGON TRAIN CIR
09
8
R117660 EISENDRATH WILLIAMS B 35180 CHEROKEE TR
ENGLEWOOD, CO 80155
BERKLEY LIVING
B
R117659 ELIZABETH, CO 80107 R109341
YM
R109343
34 NNIE
MF INVESTMENTS, LLC
ELIZABETH, CO 80107 ELIZABETH, CO 80107
AN
HOLM MATTHEW C & MOLLIE M TRUST ELIZABETH, CO 80107 TRUST (THE)
2
HIX SUSAN JANE FITZSIMMONS MARTIN J
N
460 ROCKY CLIFF CIRCLE 480 ROCKY CLIFF CIRCLE 334725 CO RD 3 34250 CHEROKEE TR
PREPARED FOR:
1603 W HWY 066 & SANDRA O
ELIZABETH, CO 80107 ELIZABETH, CO 80107 ELIZABETH, CO 80107
IR
TR 107
ELIZABETH, CO 80107 GALLUP, NM 87301 1830 PINTO TRAIL
PO BOX 4701
ELIZABETH, CO 80107
HIGHWAY 86 STATE HIGHWAY 86 R.O.W.
STATE HIGHWAY 86 R.O.W.
S 89°55'08" E, 740.68' S 89°10'48" E, 835.99' L1 L2 L3 L4 L5
3" E
L6 L7 L8 L9 L10 L11 L14
4°4 0'
L12 L13
.6
7'5
332
R119819 R119426
HOERAUF REGAN CHAD & R119429
N2
SHERRI LYNN R119428 R119427
R118821 R119426
33925 PRAIRIE HAWK CIR
S 01°18'35" E, 1282.42'
IRON HORSE FARMS LLC ELIZABETH, CO 80107 R119425-R119433, R119436
SETTLE STEVEN F WENDI L

33591 PINE HILLS PL
S 00°05'50" E, 1292.59'
ELIZABETH, CO 80107
33988 RED HAWK CIR
R117763
ELIZABETH, CO 80107-7612
ELIZABETH PARK
E, 603.81'
R119431 R119436 2002 LEGACY CIRCLE
33975 RED HAWK CIR

ELIZABETH, CO 80107
& RECREATION DISTRICT
LEFLER STEVEN S
ELIZABETH, CO 80107
R119820
1935 LEGACY CIR
ELIZABETH, CO
R119432
R119821
80107 1530 16TH STREET, SUITE
R119818
N 05°27'16"
PO BOX 434 R119433
HOERAUF REGAN & SHERRI
33925 PRAIRIE HAWK CIR ELIZABETH, CO
R109454
RAILSBACK FRANCIS E
ELIZABETH, CO 80107 80107
ELIZABETH, CO 80107
00754 ST HWY 086

1574 ST HWY 86
ELIZABETH, CO 80107
R109457 R117767
S 89°55'24" E, 1626.53' 5786 LOGAN CT
N 00°07'31" W, 390.28'
ELBERT COUNTY CHARTER
DENVER, CO 80216
PARCEL E
SCHOOL BUILDING CO
ANNEXATION MAP
1975 LEGACY CIR
ELIZABETH, CO 80107
ELIZABETH WEST
ELBERT COUNTY
633 DALE CT
ELIZABETH, CO 80107
ANNEXATION MAP
N 89°34'47" W, 1355.08' R117808
N 89°51'53" E, 505.82' WITTHUHN JEREMY W
& CARRIE S
33540 G TH, CO 80107

R117809
N 00°22'36" W, 3916.48'
ELIZAB
33725 WILDFLOWER CIR LESAGE SEAN
ORWAN
ELIZABETH, CO 80107
RE & RA RIBU O 8
SALANSKY MARK &
33720
GREYSTONE CIR
33 ABE
EL
R11780
ELIZABETH, CO
R1 ON L J CIR
NK CH TE 010
WILDFLOWER CIR
REYST
62
E
IZ
17 AL
R
ELIZABETH, CO
0 T TH,
R117799
KELLY
80 D
33535
80107
SARA
80107
5
0
ONE C
E
C
E
K
S 00°00'26" W, 1299.89'
MATTHEW F &
IR
EIK R
EN 1178
ELIZABETH, CO
33625 TRIBUTE
BER 07
7
337 & S G
15 TEPH JASO
WIL
KLASSEN
AN NL
R117804
ELI D IE
ZAB FLOW L
CIRELIZ
SWART EYSTONE
E ER
S
801 TH, C
33530 G H, CO 80107
ELIZABETH WEST 07 O
CIR
KIMBERLY
R11780
ABET
80107
Z MICHA
CIR
ANNEXATION
R
33515 GREYSTONE CIR
ELIZABETH, CO 80107
1
SIEVE TOLLEY
PARCEL E
DAWNE R
EL R
R117798
R119958
BK2, LLC
R118822 988 ST HWY 86
ALFORD FAMILY TRUST (THE) ELIZABETH, CO 80107
8651 ORANGEWOOD AVE
GARDEN GROVE, CA 92841-1520 PO BOX 3229 425.9 ACRES +/-
DATE:
PARKER, CO 80134
AI
TR
Y
AC
33 LIZ
CA M
R1 EC HY ON 010
G
LEGACY RIDGE ROAD
50 AB
E
LE
B OT ST
17 EIR J E C 7
R117
TI REY H, C
0
N 89°15'50" W, 1295.00' MEIK 797
80 A
G ET
LEJO LINE TABLE
2 S
BY:
J HN
33495 EFFREY W
GREY
ELIZA
KIN & R WP CO
S
BETH TONE CIR
33 LIZA
LINE # BEARING DISTANCE
801 R
O
32 BE
E
, CO
, CO TE CI
M IE H,
07
R1 DA RT E CI
NE OB OIN 801
8
80107
ZAB IEWPO CIS C

5V T
IR
17 NIE P
Y
L1 S89°10'48"E 37.91
333 INK F 7789

78
IN
05 V RAN
8 LLE
R117790
R11
STARCEVICH LUKE E L2 S80°15'18"E 96.70
ETH
T
R117787 33290 WYNDHAM CIR
HJELLUM JAY B R117796
ELIZABETH, CO 80107 L3 S89°10'48"E 50.00
L
07
& DEBORAH L
R
SCHWARTZ FAMILY TRUST (THE)
ELI
S 01°01'07" E, 1334.66'
33335 VIEWPOINTE CIR
33335 GREYSTONE CIR
ELIZABETH, CO 80107 L4 N74°07'12"E 52.21
ELIZABETH, CO 80107
L5 S89°10'48"E 200.00
N
TI
CIRB 9 1 US CIR
O JU R11778 7 J 07 L6 S83°28'03"E 200.93
3331 STIN A 6 1 17 NT AM 01
R VA D O H 8
5 &
ELIZ VIEWPO VICTOR DE YN H, C L7 S89°10'48"E 200.10
REVISIONS:
ABE
TH, INTE CI IA L U R W
0 ET
CO 8 R
0107 ST 328 AB
R117792 3 IZ L8 N79°30'42"E 101.99
EL
4.
2.
3.
GCSA LLC
1.
R1 33270 WYNDHAM CIR L9 S89°10'48"E 396.03
KRAS 17785 ELIZABETH, CO 80107
33265 INSKI LISA
WYND A
ELIZA
BETH HAM CIR 6657 IMBODEN ROAD L10 S89°10'44"E 510.79
, CO 8 WATKINS, CO 80137
0107
L11 S69°52'50"E 105.90
L12 S89°10'44"E 200.00
7/9/18
18008
ART
EPT
N 89°16'39" W, 2570.21' L13 N71°31'22"E 105.90
N 89°24'56" W, 1394.60' R117784 WILDPOINTE
MALIN MARK W & KIMBERLY
BOND CHARLES E
33225 & AMY AU OPHER
L14 S89°10'44"E 448.06

ELIZABETH, CO 80107
1205 LEGACY TRAIL

MUNDAY CRYSTAL L
ELIZABETH, CO 80107
CHRISTINA RENEE
R117779 1365 LEGACY TRAIL

505 LEGACY TRAIL
1245 LEGACY TRAIL

ELIZABETH, CO 80107
80107
ELIZABETH, CO
DRAKE GARY W &
R118584
ELIZA TAR RIDG TIN
, CO 8 CIR
DGE
541 LEGACY TRAIL
BITZER BARBARA LYNN

NA M
ELIZABETH, CO 80107
&
0107
PROJECT NUMBER:
80107
GILMAN GRETA LYNN &

CHAVASSE
TAYLOR MARC C
TC
ELIZAB ACY TRAIL
ELIZABETH, CO 80107
MARCELLA M
33340 VANTAGE CIR

REID JAMES R
R117781
S
1315 LEGACY TRAIL

JAME SA CHRIST
R117770
MICHAEL PATRICK
E
R117845
80107
R117782
33230 STAR RI
33503 PINE HILLS LN

R117776
JANET
ELIZABETH, CO
ROBER
ELIZABETH, CO 80107
R117771
ELIZ LEGAC T & NI
OFE 17775
7
32500 CO RD 33
CO AIL
2
GALPIN FRANCESCA, GALPIN

8010
ELIZABETH, CO 80107
ETH, CO
R11777
CIR
REVIEWED BY:
KIOWA, CO 80117
DESIGNED BY:
R117783
ISSUED DATE:
MICHAEL D
L
Y TR
73
R1
BETH
1450 LEGACY TRAIL

621 ANDON
CH B R1177
599 LEG
FRANK
ELIZABETH, CO 80107
LEGEND:
S
S
TH,
PIETR
ABE
R
R117780 R117846
7/9/2018
SCHAR BRIAN HINKHOUSE KADE L

ELIZABETH, CO 80107
MANGNALL JUSTIN &
33335 VANTAGE CIR
33350 VANTAGE CIR 33075 VISTA VIEW CIR ADJOINING PROPERTY LINE
PAT

R117778
R117992
JESSE
WEBER JAMES R R117774 ADJACENT EXISTING TOWN OF ELIZABETH

510 LEGACY TRAIL R117991 JAYNES MICHAEL MARSH &
ELIZABETH, CO 80107 JOHANNSEN TIM LYNNE SUSANNE
544 LEGACY TRAIL REVOCABLE TRUST BOUNDARY OF ANNEXATION
ELIZABETH, CO 80107 33145 STAR RIDGE CIR R117777
ELIZABETH, CO 80107 MEURER LANCE R &
STEPHANIE K
PARCEL LINE ANNEXATION
33140 STAR RIDGE CIR
ELIZABETH, CO 80107 MAP
2
Exhibit B
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of January, 2019, by and
between BK2, LLC, a Colorado limited liability company, New Point Properties, LLC, a Colorado
limited liability company (hereinafter Collectively referred to as the "Property Owners"), and MF
Investment Partners, LLC, a Colorado limited liability company ("MFI") as to paragraphs 11 and
17, and the Town of Elizabeth, Colorado, (hereinafter referred to as the "Town").
WITNESSETH:
WHEREAS, a petition has been filed with the Town, pursuant to Section 31-12-107(1),
C.R.S., for annexation of the unincorporated lands described in Exhibit A attached hereto and
incorporated herein by reference (said lands being hereinafter referred to as the "Property");
WHEREAS, the Property Owners are the owners of one hundred percent (100%) of the
Property;
WHEREAS, BK2, LLC is the owner of that portion of the Property more particularly
described in Exhibit A-1, attached hereto and incorporated herein by this reference, and New Point
Properties, LLC is the owner of that portion of the Property more particularly described in Exhibit
A-2, attached hereto and incorporated herein by this reference.
WHEREAS, the Property Owners desire to have the Property annexed into the Town in
order to obtain from the Town such municipal services as the Town may now or in the future
extend, including, but not limited to, those described herein; and
WHEREAS, the Town has determined that it is in its best interest to annex the Property, to
provide municipal services thereto, and to receive revenues from the development occurring
thereon upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing premises and the covenants,

promises and agreements of each of the parties hereto to be kept and performed by each of them,
the parties agree as follows:
1. Annexation. The annexation of the Property shall be in accordance with the

Colorado Municipal Act of 1965, as amended.
2. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and
fees to be paid by the Property Owners upon annexation and development of the Property. Unless
otherwise expressly provided to the contrary herein, all conditions contained herein are in addition
to any and all requirements of the Town of Elizabeth Land Development Ordinance, as currently
in effect, or as hereinafter amended, any and all applicable state statutes, and other ordinances of
the Town of Elizabeth.
3. Zoning. The Property Owners hereby consent and the Town hereby agrees to zone
the Property as Agriculture (A-1) District
10/30/2018
Q:\USERS\LIZ\AGR\2018\ELIZ WEST ANNEXATION AGREEMENT-A102918.DOCX
Exhibit B
4. Water and Sewer Service. The Town shall provide water and sewer service for the
Property consistent with the development of the Property as approved by the Town. The Property
Owners or the Property Owners' assignee shall be required at the Property Owners' sole cost and
expense to construct necessary water and sewer infrastructure and connect all existing and new
construction on the Property to the Town’s water and sewer system. All such connections shall be
at the Town’s then current water and sewer tap fee rates, and the Property Owners further consent
and agree to the following:
a. Water Conveyance. Within thirty (30) days of the final approval of the rezoning of the
Property or any portion of the Property from Agriculture (A-1) to any other zoning
designation, the Property Owners shall convey their respective interests to the Town
by special warranty deed, free and clear of all liens and encumbrances, all water rights
to the Property, including, but not limited to, well and water rights associated with any
existing wells located on the Property. The water rights to be conveyed to the Town
are described in Exhibit B, which is attached hereto and incorporated by this reference.
To the extent water rights have not been adjudicated, the conveyance of such water
rights may be achieved by bargain and sale deed Notwithstanding the foregoing it is
understood that there is currently two (2) single family homes (“Units”) on the Property
using domestic wells. Upon conveyance of the water pursuant to this paragraph, the
Town agrees to lease the water identified in the well permits back to the Owner for
$1.00 per year. The lease shall continue annually until a first final plat is approved for
any portion of the Property pursuant to paragraph 4.e. hereof.
b. Water and Sewer Line Easements. The Property Owners shall dedicate to the Town,
free and clear of all liens and encumbrances, their respective portions of the property
necessary for the water and sewer line easements for any water and sewer mains
constructed on the Property at the time of the final plat for that portion of the Property
for which such infrastructure is being constructed.
c. Site Dedications. The Property Owners shall dedicate to the Town their respective
portion of the property described below, free and clear of all liens and encumbrances,
upon approval of the final plat for that portion of the Property within which such site
is included, or when such site is determined to be necessary to serve the property being
platted , the following:
(i) A one (1) acre site at a location to be mutually determined by the Town and the
Property Owners for a water storage tank to be located on the Property;
(ii) A one (1) acre site at a location to be mutually determined by the Town and the
Property Owners for a water well and ancillary facilities, to be located and
drilled as part of the Town's water system; and
(iii) Two (2) sites, one-half (½) acre in size each for the construction of lift stations
for the Town's sewer system.
d. The Property Owners or MFI upon an assignment, further agree to oversize

interconnecting water mains on the Property to be sixteen (16) inch water mains.
2
10/30/2018
Exhibit B
Provided however, the Town shall, subject to the Town's ability to exercise its police
power, cause other property owners who connect to such interconnecting water lines to
pay their proportionate share of such infrastructure at the time of such connection and
the Town shall remit the amount collected to Owners for any over-sizing of lines
serving others.
e. Existing Well and Septic. The Town and Property Owners acknowledge that portions
of the Property are currently served by existing well and septic systems. Property
Owners shall abandon all such well and septic systems as a condition of approval of
the first final plat for any portion of the Property.
5. Town Ordinances, Regulations, Codes, Policies and Procedures. Except as

expressly provided herein, all Town ordinances, regulations, codes, policies, and procedures shall
be applicable to the use and development of the Property.
6. Existing Special Districts. There are currently special districts serving the Property
which provide fire and recreation services. Unless otherwise agreed to by the Town, no general
improvement district shall be formed to provide any financing for improvements to the Property.
And special district to be created pursuant to Title 32 of the Colorado Revised Statutes shall be
subject to approval by the Town.
7. Public Improvements Financed or Constructed by the Town. The Town has no

obligation to construct or finance any public improvements under this Agreement for the benefit
of the Property.
8. Road Dedications and Improvements. The Property Owners or their assignee shall
be required to do the following:
a. The Property Owners shall dedicate their respective interests to the Town, free and clear
of all liens and encumbrances, upon approval of the first final plat for the Property, the
property necessary for the County Road 3/Legacy Ridge Street improvements south to
the limits of the Property, which shall include right-of-way necessary for a ninety (90)
foot in width necessary for a major collector, and the construction of the County Road
3/Legacy Ridge Street ultimate curb, gutter and roadway in accordance with Town
standards from State Highway 86 to the southern limit of the Property, and shall further
include construction of a detached walk (east side) from State Highway 86 to the
southern limit of the Property;
b. The Property Owners shall dedicate their respective interests to the Town, free and
clear of all liens and encumbrances, upon approval of the final plat for the Property
including the proposed State Highway 86/County Road 3/Legacy Ridge Street
intersection, that property necessary for the State Highway 86/County Road 3/Legacy
Ridge Street intersection realignment and signalization. Provided however, said
property may be required to be dedicated sooner as a condition of the traffic study
contemplated by this subsection if such dedication is required to construct the
intersection as a regional improvement. The Property Owners shall further be required
to submit a CDOT Access Permit, including a traffic impact study at a time determined
3
10/30/2018
Exhibit B
by the Town and CDOT, but no later than as part of the final plat requiring dedication.
The construction of the intersection improvements, including the cost of signalization
shall then be required when determined to be warranted by CDOT, and the Town may
further authorize cost-sharing and the reimbursement to the Property Owners of such
costs of the signalization upon further development approval that impacts such
intersection improvements;
c. The Property Owners shall dedicate their respective interests to the Town, free and
clear of all liens and encumbrances, upon approval of the final plat for the Property
including the proposed State Highway 86 and Prairie Hawk Circle "right-in/right-out"
improvements, the property necessary for the State Highway 86 and Prairie Hawk
Circle "right-in/right-out" improvements. Provided however, said property may be
required to be dedicated sooner as a condition of the traffic study contemplated by this
subsection if such dedication is required to construct the intersection as a regional
improvement. The Property Owners shall further be required to submit a CDOT
Access Permit, including a traffic impact study at a time determined by the Town and
CDOT, but no later than as part of the final plat requiring dedication. The construction
of such access improvements shall be the responsibility of the Property Owners;
d. The Property Owners shall dedicate their respective interests to the Town, free and
clear of all liens and encumbrances, at the time of final plat, the property necessary to
accomplish other access from the Property to State Highway 86 as required by the
CDOT Access Permit Process, and the Property Owners will be responsible for all costs
associated with an application to amend the existing State Highway 86 Access Control
Plan as necessary. The construction of such additional access improvements shall be
the responsibility of the Property Owners;
e. The Property Owners shall dedicate their respective interests to the Town, free and
clear of all liens and encumbrances, within thirty (30) days of approval of this
annexation one-half (½) of the ultimate right-of-way from the existing centerline of
State Highway 86, as shown in Exhibit C, in order to accomplish the widening of State
Highway 86 to four (4) travel lanes, with a median and auxiliary lanes and a total width
of one hundred seventy-five (175) feet, consistent with the State Highway 83/86
Corridor Optimization Plan; and
f. The Property Owners will dedicate their respective interests of the property necessary
to provide for the adequate infrastructure for any future development in accordance
with the Town of Elizabeth Street Plan, Design Standards, and the Town of Elizabeth
Municipal Code, or alternative standard subsequently approved by the Town. The
Property Owners will be solely responsible for the design and construction and
maintenance of any needed infrastructure improvements internal to the site.
9. Other Site Dedications. The Property Owners shall dedicate to the Town, free and
clear of all liens and encumbrances, upon approval of the final plat for the Property within which
such site is included, their respective interests in a five (5) acre site for future Town facilities, the
nature of such facilities to be determined at the sole discretion of the Town, at a mutually agreed
upon location with access from a major or minor collector.
4
10/30/2018
Exhibit B
10. Annexation Impact Fee. The Property Owners shall, as a condition of obtaining
any building permit for new construction on the Property, pay an annexation impact fee in the
amount of fifty cents ($.50) per square foot of floor area in accordance with Section 15-2-30 of the
Elizabeth Municipal Code.
11. Main Street Streetscape Design Contribution. Within thirty (30) days of approval
of the rezoning of the Property or any portion of the Property from Agriculture (A-1) to any other
zoning designation, MFI shall contribute the amount of twenty-five thousand dollars ($25,000.00)
to the Town as a contribution towards the Town's design of the streetscape for Main Street. In
addition, MFI shall, upon approval of the first final plat for the Property, contribute the additional
amount of seventy-five thousand dollars ($75,000.00) to the Town’s capital improvement fund as
contribution towards the Town's streetscape design and/or construction for Main Street, whether
or not the construction of the project has already been completed. Provided however, if MFI is no
longer a party to this Agreement or is no longer involved in the entitlement process set forth in this
paragraph 11, none of the land use approvals referenced in this paragraph 11 shall be final until
the amounts contemplated by this paragraph have been paid to the Town.
12. Recordation of Agreement. This Agreement shall be recorded with the Clerk and
Recorder of Elbert County, Colorado, shall run with the land, shall be binding upon and shall inure
to the benefit of the heirs, successors and permitted assigns of the parties hereto.
13. Assignment. Any and all of the rights, duties and obligations of the Property
Owners hereunder may be assigned by the Property Owners to any person or entity that is
financially responsible. The financial responsibility of such assignee shall be subject to the
approval of the Town, which approval shall not be unreasonably withheld, conditioned, or delayed.
Upon such approval, the Town shall provide the Property Owners with written acknowledgment
of such approval. In such event, the assignee shall assume all of the rights, duties and obligations
of the Property Owners hereunder as to the portion of the Property so assigned, and the Property
Owners shall be relieved from all further liabilities, duties and obligations as to the portion of the
Property so assigned. In addition, to the extent the rights, duties and obligations of the Property
Owner are assigned to either MF Investment Partners, LLC, such approval is and shall be deemed
to be approved by the Town without any further action.
14. Cure of Legal Defects. In the event the annexation or zoning of the Property, or
any portion of this Agreement, is declared void or unenforceable by final court action, the Town
and the Property Owners shall cooperate to cure any legal defects cited by the court, and
immediately upon such cure, the Town shall reinstitute and complete proceedings to annex the
Property subject to the terms of this Agreement.
15. Remedies. The Property Owners waive any constitutional claims it may have
against the Town arising out of a breach of this Agreement. The remedies of the Property Owners
against the Town under this Agreement are limited to breach of contract claims. The Town's
remedies under this Agreement include, but are not limited to, the following:
a. The refusal to issue any building permit or certificate of occupancy;
5
10/30/2018
Exhibit B
b. The revocation of any building permit previously issued under which construction
directly related to such building permit has not commenced, except a building permit
previously issued to a third party;
c. A demand that the security given for the completion of the public improvements be
paid or honored; or
d. Any other remedy available at law.
16. Effective Date. This Agreement shall be effective and binding upon the parties
immediately upon the effective date of an ordinance annexing and zoning the Property, regardless
of whether the Agreement is executed prior to the effective date of said ordinance annexing and
zoning the Property.
17. Town Fees. MFI hereby agrees to pay the actual cost plus fifteen percent (15%) to
defray the reasonable administrative and engineering expenses of the Town, to the Town for
engineering, surveying, and legal services rendered in connection with the review of the
annexation of the Property, which costs shall be determined by the Town Community
Development Director. In addition, MFI shall reimburse the Town for the actual cost of making
corrections or additions to the official Town map, with a fee for recording such map, if necessary,
and accompanying documents with the Elbert County Clerk and Recorder. The Property Owners
acknowledges that all impact fees as established by Town ordinance shall be paid at the time of
development of the Property.
18. Authority of the Town. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of existing codes or ordinances, or as a waiver or abrogation of the Town's
legislative, governmental, or police powers to promote and protect the health, safety and general
welfare of the Town or its inhabitants; nor shall this Agreement prohibit the enactment by the
Town of any fee that is of uniform or general application.
19. Waiver of Prior Vested Rights. The Property Owners waive any prior vested
property rights acquired in Elbert County so long as the Property remains annexed into the Town.
20. Indemnification. The Property Owners and MFI agree to indemnify and hold
harmless the Town and the Town's officers, employees, agents and contractors from and against
all liability, claims and demands, including attorneys' fees and court costs, which arise out of or
are in any manner connected with the annexation of the Property, or other action by the Town in
order to effectuate the annexation of the Property, or which are in any manner connected with the
Town's enforcement of this Agreement, with the exception of enforcement of this Agreement
against the Property Owners if the Property Owners substantially prevail. The Property Owners
further agree to investigate, handle, respond to and to provide defense for and defend against or,
at the Town's option, to pay the attorneys' fees for defense counsel of the Town's choice for any
such liability, claims or demands.
21. Severability. It is understood and agreed by the parties hereto that if any part, term,
or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the
State of Colorado, the validity of the remaining portions or provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if the Agreement did
6
10/30/2018
Exhibit B
not contain the particular part, term, or provision held to be invalid, and the parties shall cooperate
to cure any such defect as provided in paragraph 12 of this Agreement.
22. Governing Law. The laws of the State of Colorado shall govern the validity,
performance and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is agreed that venue of such suit or action
shall be in Elbert County, Colorado.
23. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to
the addresses of the parties herein set forth. All notices so given shall be considered effective on
the earlier of actual receipt or seventy-two (72) hours after deposit in the United States Mail with
the proper address as set forth below. Either party by notice so given may change the address to
which future notices shall be sent.
To the Town: Town of Elizabeth

P.O. Box 159
Elizabeth, Colorado 80107
Copy to: Corey Y. Hoffmann, Esq.

Hoffmann, Parker, Wilson & Carberry, P.C.
511 16th Street, Suite 610
Denver, Colorado 80202
To the Property Owner: BK2, LLC

Attn: Kirby Ross
19590 East Mainstreet, Suite 107
Parker, Colorado 80138
And
New Point Properties, LLC
Attn: Nageeb Sulieman
5786 Logan Court
Denver, Colorado 80216
Copy to: MF Investment Partners, LLC

P.O. Box 4701
Greenwood Village, Colorado 80155
24. Entire Agreement - Amendments. This Agreement embodies the whole agreement
of the parties. There are no promises, terms, conditions, or obligations other than those contained
herein, and this Agreement shall supersede all previous communications, representations or
agreements, either verbal or written, between the parties hereto. This Agreement may be amended
by written agreement between the Property Owners and the Town acting pursuant to authorization
of the Board of Trustees.
7
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EXHIBIT B
EXHIBIT B
EXHIBIT B
Exhibit B
By: ________________________________
ATTEST:
______________________________
APPROVED AS TO FORM:
_______________________________
Corey Y. Hoffmann, Town Attorney
11
10/30/2018
Exhibit B
ELIZABETH WEST ANNEXATION PROPERTY DESCRIPTION
STATE HIGHWAY 86 DESCRIPTION:
A PARCEL OF PROPERTY LOCATED IN SECTIONS 10, 11, 12, 13, 14, AND 15, TOWNSHIP 8
SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ELBERT,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 15 AND CONSIDERING THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15 TO BEAR S00°22'36"E WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE, S 00° 22' 36" E FOR A DISTANCE OF 40.09 FEET TO A POINT ON THE SOUTH RIGHT-
OF-WAY LINE OF STATE HIGHWAY 86; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE
THE FOLLOWING FORTYTHREE (41) COURSES:
6 Inverness Ct. East, Suite 125 | Englewood, Colorado 80112 | 303.925.0544 Phone
www.2NCivil.com
Exhibit B

THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE N 10° 43' 58" E FOR A DISTANCE OF
146.99 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING THIRTYFOUR (34)
COURSES;
1. THENCE, N 89° 16' 46" W FOR A DISTANCE OF 370.81 FEET;
3. THENCE, S 00° 10' 07" W FOR A DISTANCE OF 5.00 FEET;
33. THENCE, N 89° 54' 26" W FOR A DISTANCE OF 529.01 FEET TO A POINT ON
THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 10; THENCE S 00°
16' 08" W ALONG SAID WEST LINE A DISTANCE OF 60.50 FEET TO THE POINT
OF BEGINNING.
TOGETHER WITH:
www.2NCivil.com
Exhibit B
A PARCEL OF PROPERTY LOCATED IN SECTIONS 15 AND 14, TOWNSHIP 8 SOUTH, RANGE

65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ELBERT, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 15 AND CONSIDERING THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15 TO BEAR S00°22'36"E WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE S00°22'36"E ALONG SAID WEST LINE A DISTANCE OF 40.09 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE CONTINUING ALONG SAID SOUTH
RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES;

(2) COURSES;

RECORDS; THENCE S00°05'50"E ALONG THE WEST LINE OF SAID BOOK 282, PAGE 326, A
DISTANCE OF 1292.59 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF PROPERTY AS
DESCRIBED IN RECEPTION NO. 476359 OF THE ELBERT COUNTY RECORDS; THENCE
N89°51'53"E ALONG THE SOUTH LINE OF SAID RECEPTION NO. 476359 A DISTANCE OF
505.82 FEET; THENCE N00°07'31"W ALONG THE SOUTH LINE OF SAID RECEPTION NO.
476359 A DISTANCE OF 390.28 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF
PROPERTY AS DESCRIBED IN BOOK 458, PAGE 364 OF THE ELBERT COUNTY RECORDS;
THENCE ALONG THE SOUTH AND EAST BOUNDARY OF THE PARCEL OF PROPERTY AS
DESCRIBED IN SAID BOOK 458, PAGE 364 THE FOLLOWING THREE (3) COURSES;

RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE ALONG SAID SOUTH RIGHT-OF-
WAY LINE THE FOLLOWING FIFTEEN (15) COURSES;

www.2NCivil.com
Exhibit B


2. N89°34'47”W A DISTANCE OF 1355.08 FEET
3. S00°00'26”W A DISTANCE OF 1299.89 FEET
4. N89°47'18”W A DISTANCE OF 24.33 FEET TO A POINT ON THE WEST LINE OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;
9. N89°16'39"W A DISTANCE OF 2570.21 FEET TO A POINT 70.00 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15;
BEGINNING.
TOTAL ACREAGE OF 460.38 ACRES +/-
www.2NCivil.com
Exhibit B
EXHIBIT A-1
306.31 Acres
A PARCEl. Of LAND LOCATED IN lHE NORlHEAST AND SOUTHEAST QUARTER Of SEClI� 15, ANO lHE SOUTHWEST
ANO NORlHWEST QUARTER OF' SECTION 14, TOWNSHIP 8 SOUlH, RANGE 65 \!EST Of THE SIXlH PRINCIPAL
MERIDIAN, COUNTY OF El.BERT, STAlE Of COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
lllE BASIS OF BEARING OF lHIS DESCRIPTION IS AN ASSUMED 'BEARING Of N0ecai◄'-48'W A DISTANCE OF

2664.96 FEET FROM A 2" ALUMINUM CAP ON A NUMBER 6 REBAR STAMPED "1999 - LS 30B30" AT lHE EAST
QUARlER CORNER Of SAID SECTION 15 TO A 2• ALUMINUM CAP ON A NUMBER 6 REBAR STAMPED •1999 - LS
30830" AT lHE NORlllEAST CORNER OF' SAID SECTION 15.
COMMENCING AT llf£ NORlH QUARlER CORNER Of SAID SECTION 15: THENCE Sl!l0°2tf5"E ALONG THE WEST LINE
OF lHE NORlHEAST QUARTER OF SAID SECTION 15 A DISTANCE Of 48.09 FEET TO A POINT ON THE SOUlH
RIGHT OF WAY Of COLORADO STATE HIGlWAY NO. 86; lHENCE ALONG THE SOUTH RlGHT OF WAY OF COLORADO
STATE HIGHWAY NO. B6 lHE FOLLOWING TWO {2) COURSES:
l} THENCE S89°56'30"E A DISTANCE OF 0.38 FEET;
2) lHENCE SBJ"32'47"E A DISTANCE OF 71/l.12 FEET TO lHE POINT OF BEGINNING:

THENCE CONTINUING ALONG lHE SOUTH RIGHT OF WAY Of COLORADO STATE HIGHWA"Y NO. 86 THE FOLLOWING
TWO {2) COURSES;
1) THENCE S8J032'47"E A DISTANCE OF 16.52 FEET:
2) lHENCE S89"56'50"E A DISTANCE OF 7J9.98 FEET TO lHE NORlHVf:ST CORNER Of � PARCEL OF LANO
DESCRIBED AT BOOK 282, PAGE 326 FILED IN THE El.BERT COUNTY CLERK AND REOllIDER'S OFFICE:
THENCE Sl!le°a9'34"E ALONG THE WEST BOUNDARY OF lHE LANDS DESCRIBED AT SAID BOOK 282, PAGE 326 A
DISTANC£ OF B61.70 FEET TO lHE SOUnfWEST CORNER Of THE LANDS DESCRIBED AT SAID 8001< 282, PAGE 326;
SAID CORNER ALSO BEING THE NORTH�ST CORNER OF A PARCEL OF LANO DESCRIEED AT RECEPTION NO.
476359 FilED IN lHE ELBERT COUNlY CLERK ANO RECORDER'S omcE; THENCE AL!li'IG lHE WEST, SOOTH AND
EAST BOUNOARY LINES Of lHE LANOS DESCRmED AT SAID RECEPTION NO. 476359 ntE FOLLOWING THREE (3)
COURSES:
l) lHENCE S00°09'34"E A DISTANCE OF 430.51!1 FEET;
2) lHENCE N89°51!l'26"E A DISTANCE OF 505.93 FEET;
3) lHENCE N00°09'38"W 390.28 FEET TO THE SOU1Hl't6T CORNER OF lHE LANDS DESCRIBED AT BOOK 458, PAGE
364 AS FILED IN lHE ELBERT COUNTY Cl£RK AND RECORDER'S OFFICE:
'THENCE ALONG lHE SOUlH, AND EAST BOUNDARY OF lHE LANDS DESCRIBED AT SAl[) BOOK 458, PAGE J64 THE
Page 1 of 3
====��==•
FRONrlER
SURVEYING, IMC.
352 Norfolk Street
Aurora. CO 80011
0fo. 303-340-0113
Fax. 303-340-011-4
P1\IJrulngs\GRAEif"'LtCiALS 060309,dwg 613/2009 3t35'D8 PH HDT DAlE 08/03/01 PRo..ECT NO. 99124
;Y
Exhibit B
Exhibit B
Exhibit B
EXHIBIT A-2
New Point Properties, LLC Parcel:
E1/2 NW1/4, NW1/4 NE1/4 OF SECTION 14, TOWNSHIP 8 SOUTH,

RANGE 65 WEST OF THE 6TH P.M., COUNTY OF ELBERT, STATE OF
COLORADO, EXCEPT THE PARCELS DEED TO THE ELBERT COUNTY
BOARD OF COUNTY COMMISSIONERS IN BOOK 182 AT PAGE 159
AND BOOK 209 AT PAGE 140 AND THAT PARCEL DEEDED TO THE
STATE HIGHWAY DEPARTMENT IN BOOK 320 AT PAGE 291.
Exhibit B R65W
³ Highway Annexation
(general area shown; see 2N Civil

maps of Parcels A, B, C, D maps for
exact extent)
0808133
211204-
T8S
Elizabeth West Parcel
All water rights on and beneath the Elizabeth West and highway annexation including but not limited to:
surface water rights, all non-tributary and
not-non-tributary groundwater, and decreed structures
Constructed Elizabeth West

Wells
Town Water
Decreed Wells Service Area Miles
0 0.25 0.5
Hwy Annexation
Job Number: 86007-13.2

Exhibit B: Elizabeth West & Hwy Annexation Water Rights Date: November 20, 2018
Projection: UTM NAD83
Elizabeth, Elbert County, Colorado Elizabeth_West_AppendixB.mxd
Not a survey instrument
Exhibit B
ORDINANCE 19-02
AN ORDINANCE APPROVING AND ACCOMPLISHING THE ANNEXATION

OF PARCEL A OF CONTIGUOUS UNINCORPORATED TERRITORY KNOWN
AS THE ELIZABETH WEST PROPERTY IN ELBERT COUNTY
WHEREAS, pursuant to the laws of the State of Colorado, there was presented to and filed
with the Board of Trustees of the Town of Elizabeth, Colorado, written Petition(s) for Annexation
to and by the Town of Elizabeth, Colorado, of that property described in the attached Exhibit A,
being contiguous unincorporated territory, situated, lying and being in the County of Elbert, State
of Colorado;
required by law to determine the eligibility for annexation of that property described in Exhibit A;
WHEREAS, the Board of Trustees of the Town of Elizabeth, Colorado, has satisfied itself
concerning the eligibility for annexation of that property described in Exhibit A and concerning
the conformance of the proposed annexation to the applicable law in the annexation policy of the
Town of Elizabeth, Colorado;
WHEREAS, the Board of Trustees of the Town of Elizabeth, Colorado, by resolution,

determined that the applicable parts of C.R.S. §§ 31-12-104 and 31-12-105 have been met, that an
election is not required under C.R.S. § 31-12-107(2), and that no additional terms and conditions
are to be imposed;
WHEREAS, it is the opinion of the Board of Trustees that it is desirable and necessary that
the property described in Exhibit A be annexed to the Town; and
WHEREAS, it is in the best interest of the Town and its citizens to annex said parcel.
BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF

ELIZABETH, COLORADO, THAT:
Section 1. The Board of Trustees finds that the property described in the attached
Exhibit A is part of the serial annexation of a larger parcel of land.
Section 2. The annexation to and by the Town of Elizabeth, State of Colorado, of that
property described in the attached Exhibit A, situated, lying and being in the County of Elbert,
State of Colorado, meets all requirements of law and the annexation policy of the Town of
Elizabeth, and therefore, said annexation is hereby approved and made effective.
Section 3. The owner of more than fifty percent (50%) of the area of the property described
in Exhibit A, exclusive of public streets and alleys, petitioned for annexation with the Board of
Trustees by filing a Petition for Annexation, together with four (4) copies of the annexation map,
as required by law.
11/30/2018
Q:\USERS\LIZ\ORD\2018\ELIZ WEST ANNEXATION-O111918.DOCX
Section 4. The Board of Trustees, by resolution at a properly-noticed meeting on October
23, 2018, accepted said Petition and found and determined that the applicable parts of the
Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., as amended, have been met and
further determined that an election was not required under the Act and that no additional terms and
conditions were to be imposed upon said annexation.
Section 5. Upon the effective date of this Annexation Ordinance, all lands within the area
to be annexed shall become subject to the Municipal Laws of the State of Colorado pertaining to
towns and to all ordinances, resolutions, rules and regulations of the Town of Elizabeth.
Section 6. Considering all of the foregoing, and based on the conviction that annexation
of this property to the Town of Elizabeth will serve the best interests of the Town of Elizabeth and
the owner(s) of the territory to be annexed, the unincorporated territory described in Exhibit A,
which is attached hereto and made a part hereof, is hereby annexed to the Town of Elizabeth,
Colorado.
Section 7. Upon passage of this Ordinance, the Town Clerk shall file for recording three
(3) certified copies of the Annexation Ordinance and three (3) copies of the Annexation Map with
the Clerk and Recorder of the County of Elbert, State of Colorado, and shall keep one (1) copy of
the annexation map along with the original of this Annexation Ordinance in the Town Clerk’s
office.
Section 8. The Town Clerk shall request that the Elbert County Clerk and Recorder shall
file one (1) certified copy of the Annexation Ordinance and one (1) copy of the Annexation Map
with the Division of Local Governments of the Department of Local Affairs, in addition to filing
one (1) certified copy of the Annexation Ordinance and one (1) copy of the Annexation Map with
the Colorado Department of Revenue
Section 9. The Annexation Map showing the boundaries of the newly annexed territory as
above described shall be kept on file in the office of the Elbert County Clerk and Recorder.
Section 10. Effective Date. By operation of C.R.S. § 31-12-113(2), the annexation and
this Ordinance will not become effective until the Town Clerk completes the filings required by
statute. For the purpose of general taxation, this Ordinance shall become effective on January 1st
of the next succeeding year following its passage. This Ordinance shall otherwise become effective
thirty (30) days after publication.
Read and approved at a meeting of the Board of Trustees of the Town of Elizabeth,
Colorado, this _______ day of _________________, 2019.
2
11/30/2018
Passed by a vote of _____ for and _____ against and ordered published.
______________________________
ATTEST
________________________________
3
11/30/2018
EXHIBIT A
EXHIBIT A
ORDINANCE 19-03

OF PARCEL B OF CONTIGUOUS UNINCORPORATED TERRITORY KNOWN
of Colorado;

are to be imposed;

as required by law.
11/30/2018
Colorado.
office.
2
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______________________________
ATTEST
________________________________
3
11/30/2018
--
EXHIBIT A
ELIZABETH WEST 303.925.0544

ANNEXATION MAP PARCEL B www.2ncivil.com
l!l�l!I
LOCATED IN SECTIONS 10-15, TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF ELBERT, STATE OF COLORADO

EXISTING: ELBERT COUNTY, N/A- RIGHT OF WAY
A PARCEL OF PROPERTY LOCATED IN SECTIONS 12, AND 13, PROPOSED: TOWN OF ELIZABETH, N/A- RIGHT OF WAY
TOWNSHIP 8 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL GRANT IRD

MERIDIAN, COUNTY OF ELBERT, STATE OF COLORADO, MORE (.)
....I
PARTICULARLY DESCRIBED AS FOLLOWS: n:: ....I 0
CONTIGUITY: 0 � (.)
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 15 IL

z
� 0
r--- ci
AND CONSIDERING THE WEST LINE OF THE NORTHEAST 1/4 OF
THE PROPOSED ANNEXATION BOUNDARY PERIMETER IS 5,212.56 □
w w
"<t 0
L.F. 868.9 L.F. OF WHICH IS CONTIGUOUS TO THE TOWN OF � ><
0:: 0
SAID SECTION 15 TO BEAR S00 °22'36"E WITH ALL BEARINGS ELIZABETH WHICH IS MEETS THE 1/6 REQUIRED BEING 868.76 L.F. I- �
a. w 0 w
aJ Cl)
CONTAINED HEREIN RELATIVE THERETO; w a.
....I
0:: z z
(!)
a. - w
() IL
THENCE, S 00 ° 22' 36" E FOR A DISTANCE OF 40.09 FEET TO A :;E
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY m
()
;o
86; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE ;o -
�\ 7-
FOLLOWING THIRTY (30) COURSES: w ()
;o
.......
-
1. THENCE, S 89 ° 54' 48" E FOR A DISTANCE OF 0.37 FEET; w
\
3. THENCE, S 83 ° 31' 18" E FOR A DISTANCE OF 16.55 FEET; ()
11
4. THENCE, S 89 ° 55' 08" E FOR A DISTANCE OF 802.44 FEET; ;o
.......
5. THENCE, S 89 ° 55' 08" E FOR A DISTANCE OF 596.94 FEET; - � .......
0
0
7. THENCE, S 89 ° 54' 44" E FOR A DISTANCE OF 503.01 FEET; CL I- ---'
8. THENCE, S 89 ° 54' 44" E FOR A DISTANCE OF 576.12 FEET; <C'. en o
(..)
UJ
9. THENCE, S 77 ° 03' 46" E FOR A DISTANCE OF 166.77 FEET; aJ
---' z;: :r:·
�

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...... UJ
r, I-
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0::
11. THENCE, N 71 ° 31' 31" E FOR A DISTANCE OF 105.92 FEET; <( � aJ �
CL <( -
12. THENCE, S 89 ° 10' 48" E FOR A DISTANCE OF 903.56 FEET; Z N ---'
::J UJ
z
-< <( UJ LL
0
15. THENCE, N 74 ° 07' 12" E FOR A DISTANCE OF 52.21 FEET; ;o TOWN OF

0
16. THENCE, S 89 ° 10' 48" E FOR A DISTANCE OF 200.00 FEET; G) ELIZABETH
17. THENCE, S 83 ° 28' 03" E FOR A DISTANCE OF 200.93 FEET; m 1-----
18. THENCE, S 89 ° 10' 48" E FOR A DISTANCE OF 200.10 FEET; -...___A x:,G
19. THENCE, N 79 ° 30' 42" E FOR A DISTANCE OF 101.99 FEET;
SITE
�

23. THENCE, S 89 ° 10' 44" E FOR A DISTANCE OF 200.00 FEET; CR 132
�
26. THENCE, S 89 ° 10' 44" E FOR A DISTANCE OF 682.47 FEET; VICINITY MAP 0 2000' 4000' �
SCALE: 1" = 2,000 '

27. THENCE, S 69 ° 53' 14" E FOR A DISTANCE OF 105.93 FEET; SCALE: 1" = 2000'
SHEET INDEX
29. THENCE, S 89 ° 10' 44" E FOR A DISTANCE OF 15.58 FEET; COVER PAGE 1
30. THENCE, S 89 ° 16' 49" E FOR A DISTANCE OF 80.00 FEET; ANNEXATION MAP 2
TO THE POINT OF BEGINNING. CONTACT INFORMATION:
ENGINEER/SURVEYOR:
THENCE CONTINUING ALONG SAID SOUTH RIGHT OF WAY LINE PROPERTY OWNERS:
2N CIVIL, LLC
THE FOLLOWING FIVE (5) COURSES: STATE HIGHWAY 6 INVERNESS CT E SUITE 125
ENGLEWOOD, CO 80112
PH: (303) 925--0544
1. THENCE, S 89 ° 16' 49" E FOR A DISTANCE OF 309.77 FEET; APPLICANT/DEVELOPER:
2. THENCE, N 85 ° 00' 26" E FOR A DISTANCE OF 100.47 FEET; MF INVESTMENTS, LLC OWNER 5.....: NM '<:t
3. THENCE, S 89 ° 16' 49" E FOR A DISTANCE OF 468.95 FEET; PO BOX 4701
ENGLEWOOD, CO 80155
4. THENCE, N 04° 11' 51" E FOR A DISTANCE OF 25.05 FEET; PH: 303-507-6651
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE N 82°27"53" E EMAIL: JIMMARSHALL@BCXDEVELOPMENT.COM
a:, � I-
a.
-
A DISTANCE OF 868.91 FEET TO A POINT ON SAID NORTH
C)
C)
� (0 w
.....
RIGHT-OF-WAY LINE; THENCE LEAVING SAID NORTH

RIGHT-OF-WAY LINE S 87 ° 11'11" W A DISTANCE OF 2,592.23 FEET
TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE AND THE
POINT OF BEGINNING. Cl
:::;; w :,.:
:::::,
z Cl
c3
I-
0
AREA OF DESCRIPTION ABOVE IS 88,055 SF 2.021 ACRES MORE w
f u 0 z $'.
IJ.J
IJ.J w C!) w
;! OR LESS. --,
:::::, en >
en w w
is !:2 0 c::
�
�
i!'
COVER PAGE
le
�
1
EXHIBIT A
ORDINANCE 19-04

OF PARCEL C OF CONTIGUOUS UNINCORPORATED TERRITORY KNOWN
of Colorado;

are to be imposed;

as required by law.
11/30/2018
Colorado.
office.
2
11/30/2018
______________________________
ATTEST
________________________________
3
11/30/2018
EXHIBIT A
EXHIBIT A
ORDINANCE 19-05

OF PARCEL D OF CONTIGUOUS UNINCORPORATED TERRITORY KNOWN
of Colorado;

are to be imposed;

as required by law.
11/30/2018
Colorado.
office.
2
11/30/2018
______________________________
ATTEST
________________________________
3
11/30/2018
EXHIBIT A
EXHIBIT A
ORDINANCE 19-06

OF PARCEL E OF CONTIGUOUS UNINCORPORATED TERRITORY KNOWN
of Colorado;

are to be imposed;

as required by law.
11/30/2018
Colorado.
office.
2
11/30/2018
______________________________
ATTEST
________________________________
3
11/30/2018
EXHIBIT A
CIVIL
ANNEXATION MAP
PARCEL E www.2ncivil.com
-
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: GRANT RD
ENGLEWOOD, CO 80155
MF INVESTMENTS, LLC
PREPARED FOR:
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; CONTIGUITY:
PO BOX 4701
THENCE S00°22'36"E ALONG SAID WEST LINE A DISTANCE OF 40.09 FEET TO THE
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE CONTINUING ALONG SAID THE PROPOSED ANNEXATION BOUNDARY PERIMETER IS 23,543 L.F.
SOUTH RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 4,283 L.F. OF WHICH IS CONTIGUOUS TO THE TOWN OF ELIZABETH.

CHEROKEE
(2) COURSES;
CR 3
CR 13
CR 17

TRA
PARCEL E
IL
ELIZABETH WEST
COVER PAGE
HWY 86
ANNEXATION MAP
LEGACY RIDGE ST

IL
A
TR
6.
7.
TOWN OF
8.
9.
A CY
11.
12.
13.
14.
SITE
CR 132
DATE:
BY:
2.
3.
SCALE: 1" = 2000'
ANNEXATION MAP 2
REVISIONS:
BEGINNING.
4.
2.
3.
1.
PROPERTY OWNERS:
7/9/18
18008
ART
EPT
BK2, LLC
988 ST HWY 86
ELIZABETH, CO 80107
PROJECT NUMBER:
PO BOX 3229
PARKER, CO 80134
REVIEWED BY:
DESIGNED BY:
ISSUED DATE:
1574 ST HWY 86
ENGINEER/SURVEYOR:
ELIZABETH, CO 80107
7/9/2018
2N CIVIL, LLC
5786 LOGAN CT
DENVER, CO 80216
ENGLEWOOD, CO 80112
PH: (303) 925-0544
OWNER
MF INVESTMENTS, LLC
PO BOX 4701
ENGLEWOOD, CO 80155
PH: 303-507-6651
COVER PAGE
1
EXHIBIT A
CIVIL
R117657
ANNEXATION MAP
PARCEL E R112762 R112753
R112754
0 300'
SCALE: 1" = 300'

CHRISTY KEVIN D
LA
MA DEB TO O 80
1
EL
18 ABE
34
R1 IA J AH IL
1259 WAGON
09 EL
NT OR TR 10
IZ
81 TH
1
0 9 AM
TRAIN CIR 0-R CHA
-
33
PIN , C
ELIZABETH, CO 34 I
09 E M DY R
14 LIZA
9 ES &
TIL WA ETH
1
R YK EN T
14
80107
E
R O
LM GO , CO
R112755 F & WPINT , CO
R1 ST RA 010
H
AN N T
R112789 ZAGARELLA 61 ET
12 EV IN 7
A
18 ZAB 107
75 EN CIR
L
E TR
7
7
1558 STAGECOACH TR I N TO CO
NEEPER JAMES R JR STAGECOACH CIR P TH,
135 IZABE
RA
ELIZABETH, CO 80107 15 E
18 ZAB 107
C
ELIZABETH, CO
EL
& MARY SAMANTHA
TCL MOTH RAIN C 7

I 80
2W
R112759 L
& T ON T 8010
R11 SUE
R115601
PA OH NTO 80
AG H, CO
IFF
ELIZABETH, CO 80107
I
ELIZABETH STAGE RUN
EL
275
TR NI
& J 8 PI , CO
R1 K BE SUE
19 ETH
T
R118823
IZA
IC E
09
8
ENGLEWOOD, CO 80155
BERKLEY LIVING
B
R117659 ELIZABETH, CO 80107 R109341
YM
R109343
34 NNIE
MF INVESTMENTS, LLC
AN
2
HIX SUSAN JANE FITZSIMMONS MARTIN J
N
460 ROCKY CLIFF CIRCLE 480 ROCKY CLIFF CIRCLE 334725 CO RD 3 34250 CHEROKEE TR
PREPARED FOR:
1603 W HWY 066 & SANDRA O
IR
TR 107
ELIZABETH, CO 80107 GALLUP, NM 87301 1830 PINTO TRAIL
PO BOX 4701
ELIZABETH, CO 80107
HIGHWAY 86 STATE HIGHWAY 86 R.O.W.
STATE HIGHWAY 86 R.O.W.
S 89°55'08" E, 740.68' S 89°10'48" E, 835.99' L1 L2 L3 L4 L5
3" E
L6 L7 L8 L9 L10 L11 L14
4°4 0'
L12 L13
.6
7'5
332
R119819 R119426
N2
SHERRI LYNN R119428 R119427
R118821 R119426
S 01°18'35" E, 1282.42'

33591 PINE HILLS PL
S 00°05'50" E, 1292.59'
ELIZABETH, CO 80107
33988 RED HAWK CIR
R117763
ELIZABETH PARK
E, 603.81'
R119431 R119436 2002 LEGACY CIRCLE
33975 RED HAWK CIR

ELIZABETH, CO 80107
& RECREATION DISTRICT
LEFLER STEVEN S
ELIZABETH, CO 80107
R119820
1935 LEGACY CIR
ELIZABETH, CO
R119432
R119821
R119818
N 05°27'16"
PO BOX 434 R119433
33925 PRAIRIE HAWK CIR ELIZABETH, CO
R109454
RAILSBACK FRANCIS E
ELIZABETH, CO 80107
00754 ST HWY 086

1574 ST HWY 86
ELIZABETH, CO 80107
R109457 R117767
S 89°55'24" E, 1626.53' 5786 LOGAN CT
N 00°07'31" W, 390.28'
DENVER, CO 80216
PARCEL E
SCHOOL BUILDING CO
ANNEXATION MAP
1975 LEGACY CIR
ELIZABETH, CO 80107
ELIZABETH WEST
ELBERT COUNTY
633 DALE CT
ELIZABETH, CO 80107
ANNEXATION MAP
N 89°34'47" W, 1355.08' R117808
N 89°51'53" E, 505.82' WITTHUHN JEREMY W
& CARRIE S
33540 G TH, CO 80107

R117809
N 00°22'36" W, 3916.48'
ELIZAB
ORWAN
ELIZABETH, CO 80107
RE & RA RIBU O 8
SALANSKY MARK &
33720
GREYSTONE CIR
33 ABE
EL
R11780
ELIZABETH, CO
R1 ON L J CIR
NK CH TE 010
WILDFLOWER CIR
REYST
62
E
IZ
17 AL
R
ELIZABETH, CO
0 T TH,
R117799
KELLY
80 D
33535
80107
SARA
80107
5
0
ONE C
E
C
E
K
S 00°00'26" W, 1299.89'
MATTHEW F &
IR
EIK R
EN 1178
ELIZABETH, CO
33625 TRIBUTE
BER 07
7
337 & S G
15 TEPH JASO
WIL
KLASSEN
AN NL
R117804
ELI D IE
ZAB FLOW L
CIRELIZ
SWART EYSTONE
E ER
S
801 TH, C
33530 G H, CO 80107
ELIZABETH WEST 07 O
CIR
KIMBERLY
R11780
ABET
80107
Z MICHA
CIR
ANNEXATION
R
33515 GREYSTONE CIR
ELIZABETH, CO 80107
1
SIEVE TOLLEY
PARCEL E
DAWNE R
EL R
R117798
R119958
BK2, LLC
R118822 988 ST HWY 86
ALFORD FAMILY TRUST (THE) ELIZABETH, CO 80107
8651 ORANGEWOOD AVE
GARDEN GROVE, CA 92841-1520 PO BOX 3229 425.9 ACRES +/-
DATE:
PARKER, CO 80134
AI
TR
Y
AC
33 LIZ
CA M
R1 EC HY ON 010
G
LEGACY RIDGE ROAD
50 AB
E
LE
B OT ST
17 EIR J E C 7
R117
TI REY H, C
0
N 89°15'50" W, 1295.00' MEIK 797
80 A
G ET
LEJO LINE TABLE
2 S
BY:
J HN
33495 EFFREY W
GREY
ELIZA
KIN & R WP CO
S
BETH TONE CIR
33 LIZA
LINE # BEARING DISTANCE
801 R
O
32 BE
E
, CO
, CO TE CI
M IE H,
07
R1 DA RT E CI
NE OB OIN 801
8
80107
ZAB IEWPO CIS C

5V T
IR
17 NIE P
Y
L1 S89°10'48"E 37.91
333 INK F 7789

78
IN
05 V RAN
8 LLE
R117790
R11
STARCEVICH LUKE E L2 S80°15'18"E 96.70
ETH
T
ELIZABETH, CO 80107 L3 S89°10'48"E 50.00
L
07
& DEBORAH L
R
ELI
S 01°01'07" E, 1334.66'
33335 GREYSTONE CIR
ELIZABETH, CO 80107 L4 N74°07'12"E 52.21
ELIZABETH, CO 80107
L5 S89°10'48"E 200.00
N
TI
CIRB 9 1 US CIR
O JU R11778 7 J 07 L6 S83°28'03"E 200.93
3331 STIN A 6 1 17 NT AM 01
R VA D O H 8
5 &
ELIZ VIEWPO VICTOR DE YN H, C L7 S89°10'48"E 200.10
REVISIONS:
ABE
TH, INTE CI IA L U R W
0 ET
CO 8 R
0107 ST 328 AB
R117792 3 IZ L8 N79°30'42"E 101.99
EL
4.
2.
3.
GCSA LLC
1.
R1 33270 WYNDHAM CIR L9 S89°10'48"E 396.03
33265 INSKI LISA
WYND A
ELIZA
, CO 8 WATKINS, CO 80137
0107
L11 S69°52'50"E 105.90
L12 S89°10'44"E 200.00
7/9/18
18008
ART
EPT
N 89°16'39" W, 2570.21' L13 N71°31'22"E 105.90
N 89°24'56" W, 1394.60' R117784 WILDPOINTE
BOND CHARLES E
L14 S89°10'44"E 448.06

ELIZABETH, CO 80107
1205 LEGACY TRAIL

MUNDAY CRYSTAL L
ELIZABETH, CO 80107
CHRISTINA RENEE
R117779 1365 LEGACY TRAIL

505 LEGACY TRAIL
1245 LEGACY TRAIL

ELIZABETH, CO 80107
80107
ELIZABETH, CO
DRAKE GARY W &
R118584
ELIZA TAR RIDG TIN
, CO 8 CIR
DGE
541 LEGACY TRAIL
BITZER BARBARA LYNN

NA M
ELIZABETH, CO 80107
&
0107
PROJECT NUMBER:
80107
GILMAN GRETA LYNN &

CHAVASSE
TAYLOR MARC C
TC
ELIZAB ACY TRAIL
ELIZABETH, CO 80107
MARCELLA M
33340 VANTAGE CIR

REID JAMES R
R117781
S
1315 LEGACY TRAIL

JAME SA CHRIST
R117770
MICHAEL PATRICK
E
R117845
80107
R117782
33230 STAR RI
33503 PINE HILLS LN

R117776
JANET
ELIZABETH, CO
ROBER
ELIZABETH, CO 80107
R117771
ELIZ LEGAC T & NI
OFE 17775
7
32500 CO RD 33
CO AIL
2

8010
ELIZABETH, CO 80107
ETH, CO
R11777
CIR
REVIEWED BY:
KIOWA, CO 80117
DESIGNED BY:
R117783
ISSUED DATE:
MICHAEL D
L
Y TR
73
R1
BETH
1450 LEGACY TRAIL

621 ANDON
CH B R1177
599 LEG
FRANK
ELIZABETH, CO 80107
LEGEND:
S
S
TH,
PIETR
ABE
R
R117780 R117846
7/9/2018

ELIZABETH, CO 80107
MANGNALL JUSTIN &
33335 VANTAGE CIR
33350 VANTAGE CIR 33075 VISTA VIEW CIR ADJOINING PROPERTY LINE
PAT

R117778
R117992
JESSE
WEBER JAMES R R117774 ADJACENT EXISTING TOWN OF ELIZABETH

544 LEGACY TRAIL REVOCABLE TRUST BOUNDARY OF ANNEXATION
STEPHANIE K
PARCEL LINE ANNEXATION
2
ORDINANCE 19-07
AN ORDINANCE ZONING PROPERTY NEWLY ANNEXED TO THE TOWN OF

ELIZABETH TO AGRICULTURE (A-1) DISTRICT

Section 1. Findings of Fact.
A. The Town desires to zone certain property that is being newly annexed to the Town
of Elizabeth, Colorado, which property is more particularly described in Exhibit
A, attached hereto and incorporated herein by this reference (the "Property"), to
Agriculture (A-1).
B. Public notice has been given of such rezoning pursuant to Section 16-4-10 of the
Town of Elizabeth Municipal Code more than fifteen (15) days in advance of the
public hearing.
C. A need exists for zoning the Property to Agriculture (A-1).
Section 2. The Property identified in Exhibit A is hereby rezoned to Agriculture (A-

1).
Section 3. The Zoning Ordinance and Zoning Map are hereby amended to conform
with the zoning change for the Property.
Section 4. Severability. If any section, paragraph, clause, or provision of this

Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
enforceability of such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance, the intent being that the same are severable.
Section 5. The Board of Trustees hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town, that it is promulgated for
the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. The Board of
Trustees further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 6. This Ordinance shall become effective thirty (30) days after publication.
Read and approved at a meeting of the Board of Trustees of the Town of

Elizabeth, Colorado, this ____ day of ______________, 2019.
11/30/2018
Q:\USERS\LIZ\ORD\2018\ELIZABETH WEST REZONE-O111918.DOCX
Passed by a vote of _______ for and _______ against and ordered published.
______________________________
ATTEST
___________________________________
2
11/30/2018
Q:\USERS\LIZ\ORD\2018\ELIZABETH WEST REZONE-O111918.DOCX
EXHIBIT A
CIVIL
REZONE MAP www.2ncivil.com
-
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
DENSITY: GRANT RD
ENGLEWOOD, CO 80155
MF INVESTMENTS, LLC
1 LOT ON 425 ACRES
PREPARED FOR:
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
PO BOX 4701
THENCE S00°22'36"E ALONG SAID WEST LINE A DISTANCE OF 40.09 FEET TO THE UTILITIES:
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 86; THENCE CONTINUING ALONG SAID
SOUTH RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; WATER: TOWN OF ELIZABETH
1. S89°54'23"E A DISTANCE OF 0.37 FEET; SEWER: TOWN OF ELIZABETH

CHEROKEE
(2) COURSES;
CR 3
CR 13
CR 17
TRA
IL
ELIZABETH WEST
COVER PAGE
REZONE MAP
HWY 86
LEGACY RIDGE ST
----

IL
A
TR
6.
7.
TOWN OF
8.
9.
A CY
11.
12.
13.
14.
SITE
CR 132
DATE:
BY:
2.
3.
SCALE: 1" = 2000'
REZONE MAP 2
REVISIONS:
BEGINNING.
4.
2.
3.
1.
PROPERTY OWNERS:
10/9/18
18008
SOE
EPT
BK2, LLC
988 ST HWY 86
ELIZABETH, CO 80107
PROJECT NUMBER:
PO BOX 3229
PARKER, CO 80134
REVIEWED BY:
DESIGNED BY:
ISSUED DATE:
1574 ST HWY 86
ENGINEER/SURVEYOR:
ELIZABETH, CO 80107
10/9/2018
2N CIVIL, LLC
J:\Projects\18\18008\dwg\ANEXATION\REZONING MAP.dwg
5786 LOGAN CT
DENVER, CO 80216
ENGLEWOOD, CO 80112
PH: (303) 925-0544
OWNER
MF INVESTMENTS, LLC
PO BOX 4701
ENGLEWOOD, CO 80155
PH: 303-507-6651
COVER PAGE
1
EXHIBIT A
CIVIL
R117657
REZONE MAP R112762 R112753
R112754
0 300'
SCALE: 1" = 300'

CHRISTY KEVIN D
LA
MA DEB TO O 80
41
EL
18 ABE
R1 IA J AH IL
1259 WAGON 93
NT OR TR 10
10 AEL
IZ
81 TH
09 AM
TRAIN CIR 0- R
34 MICH Y -
33
PIN , C
ELIZABETH, CO 09
14 LIZA
9 ES &
TIL WA ETH
R1 YKE END TR
14
80107
E
FR & W INTO , CO
LM GO , CO
R112755
R1 ST RA 010
P TH
AN N T
R112789 ZAGARELLA 61
12 EV IN 7
E
A
18 ZAB 107
75 EN CIR
L 8
E TR
7
7
O O
NEEPER JAMES R JR 1558 STAGECOACH TR STAGECOACH CIR P INT H, C
135 IZABE
ET
RA
18 ZAB 107
C
ELIZABETH, CO
EL
& MARY SAMANTHA
COUNTY ROAD 3
TCL MOTH RAIN C 7

I 80
2W
R112759 L
& T ON T 8010
R11 SUE
R115601
PA JOH INTO O 80
AG H, CO
IFF
ELIZABETH, CO 80107
I
ELIZABETH STAGE RUN
EL
275
TR NI
&
R1 K BE SUE
19 ETH
T
R118823
IZA
IC E
09
88
ENGLEWOOD, CO 80155
BERKLEY LIVING
B
R117659 ELIZABETH, CO 80107 R109341
YM
R109343
34 NNIE
MF INVESTMENTS, LLC
P ,C
AN
2
HIX SUSAN JANE RESIDENTIAL FITZSIMMONS MARTIN J
AGRICULTURE
N
460 ROCKY CLIFF CIRCLE 480 ROCKY CLIFF CIRCLE 334725 CO RD 3 AGRICULTURE 34250 CHEROKEE TR
PREPARED FOR:
ZONING: A 1603 W HWY 066 ZONING: RA-1 & SANDRA O
IR
TR 107
ELIZABETH, CO 80107 ZONING: A GALLUP, NM 87301 1830 PINTO TRAIL
PO BOX 4701
RESIDENTIAL
ZONING: RA-1 ELIZABETH, CO 80107
HIGHWAY 86 STATE HIGHWAY 86 R.O.W. HWY 86 STATE HIGHWAY 86 R.O.W.
S 89°55'08" E, 740.68' S 89°10'48" E, 835.99' L1 L2 L3 L4 L5
3" E
L6 L7 L8 L9 L10 L11
00
50
L14
4°4 0'
L13
LEGACY CIRCLE
66 6600
L12
.6
7'5
66
332
R119819 R119426
RESIDENTIAL SLOPE EASEMENT
N2
ZONING: RA RESIDENTIAL 0 PARK
SHERRI LYNN 5 R119428 R119427
65
ZONING:P.U.D. ZONING: P.U.D. R119426
R118821 33925 PRAIRIE HAWK CIR PUBLIC ACCESS
S 01°18'35" E, 1282.42'

ACCESS EASEMENT FROM HWY 86
70
33591 PINE HILLS PL
S 00°05'50" E, 1292.59'
ELIZABETH, CO 80107
33988 RED HAWK CIR
R117763
66 6620
RAILSBACK FRANCIS E
ELIZABETH PARK
ELIZABETH, CO 80107
E, 603.81'
EXISTING VACANT R119431 R119436 2002 LEGACY CIRCLE
00754 ST HWY 086
Y
33975 RED HAWK CIR
ELIZABETH, CO 80107
RESIDENTIAL & RECREATION DISTRICT
AR
LEFLER STEVEN S
ELIZABETH, CO 80107
R119820
STRUCTURES TO BE 1935 LEGACY CIR
UT
ZONING:P.U.D.
REMOVED
R109457
IB
ELIZABETH, CO
TR
R119432
R119821
)
IN
80107
668
3
LA
66
EF
R119818
DP
N 05°27'16"
SLOPE EASEMENT
PE L - L
R119433
0
PO BOX 434
O
AP RA K
O
DRAINAGE EASEMENT
M E EE
6630
ELIZABETH, CO
FL
R109454
O M R
80107
D
ELIZABETH, CO 80107
(N PHE D C
E OL
1574 ST HWY 86
G
ELIZABETH, CO 80107
R117767
S 89°55'24" E, 1626.53' 5786 LOGAN CT
N 00°07'31" W, 390.28'
DENVER, CO 80216 SCHOOL BUILDING CO
PUBLIC ACCESS
FROM CR 3 1975 LEGACY CIR
ELIZABETH, CO 80107 SCHOOL
REZONING MAP
ZONING: P.U.D.
ELIZABETH WEST
ELBERT COUNTY
RESIDENTIAL 50 633 DALE CT
66
REZONE MAP
6700
ZONING: XX ELIZABETH, CO 80107
6700
00 N 89°34'47" W, 1355.08' R117808
N 89°51'53" E, 505.82' 66 80 WITTHUHN JEREMY W
50 65
RESIDENTIAL
66 & CARRIE S
33540 G TH, CO 80107

R117809
N 00°22'36" W, 3916.48'
ZONING: P.U.D.
ELIZAB
ORWAN
ELIZABETH, CO 80107
RE & RA RIBU O 8
SALANSKY MARK &
33720
GREYSTONE CIR
33 ABE
EL
R11780 Y K
ELIZABETH, CO
R1 ON L J CIR
NK CH TE 010
WILDFLOWER CIR
REYST
62
E
IZ
17 AL
R
ELIZABETH, CO
0 T TH,
R117799
AGRICULTURE
KELL
80 D
33535
80107
SARA
80107
5
0
70
ONE C
E
ZONING: A
66
6680
E
S 00°00'26" W, 1299.89'
MATTHEW F &
IR
EIK R
EN 1178
ELIZABETH, CO
ZONING: P.U.D.
33625 TRIBUTE
BER 07
7
&
RESIDENTIAL
337 S G
0 15 TEPH JASO
669 WIL
KLASSEN
AN NL
R117804
ELI D IE
ZAB FLOW L
CIRELIZ
SWART EYSTONE
ETH ER
S
33530 G H, CO 80107
ELIZABETH WEST 801 ,
07 CO
CIR
KIMBERLY
R11780
ABET
80107
Z MICHA
CIR
ANNEXATION
R
33515 GREYSTONE CIR
ELIZABETH, CO 80107
6650
1
SIEVE TOLLEY
EXISTING POND
DAWNE R
EL R
R117798
R119958
BK2, LLC
425.9 ACRES +/-
665
R118822 988 ST HWY 86
ALFORD FAMILY TRUST (THE) ELIZABETH, CO 80107 EXISTING POND
0
8651 ORANGEWOOD AVE
GARDEN GROVE, CA 92841-1520 PO BOX 3229
DATE:
PARKER, CO 80134
AI
TR
LEGACY RIDGE ROAD
Y
AC
33 LIZ
CA M
R1 EC HY ON 010
G
50 AB
E
LE
B OT ST
17 EIR J E C 7
R117
TI REY H, C
0
N 89°15'50" W, 1295.00' MEIK 797
80 A
G ET
6660 LEJO LINE TABLE
2 S
BY:
6690
J HN
6730 RESIDENTIAL 33495 EFFREY W
PUBLIC ACCESS GREY
0 ELIZA
KIN & R WP CO
E ZONING: P.U.D. S
66A7 BETH TONE CIR
33 LIZA
FROM
0 CR 3 INAG LINE # BEARING DISTANCE
801 R
67 0
O
32 BE
E
L DR , CO
, CO E CI
M IE H,
07
R1 DA RT E CI
NE OB OIN 801
8
80107
ETH OINT C
R A
5V T
E )
IR
HEM LAIN
17 NIE P
Y
ELI 5 VIEW ANCIS

D EP FLOODP L1 S89°10'48"E 37.91
333 INK F 7789

78
AM E
UNN APPED
8 LLE
R117790
R11
P
M
R
(NO STARCEVICH LUKE E L2 S80°15'18"E 96.70
T
ZAB
ELIZABETH, CO 80107 L3 S89°10'48"E 50.00
L
0
07
& DEBORAH L
R
ZONING: P.U.D.
S 01°01'07" E, 1334.66'
RESIDENTIAL
33335 GREYSTONE CIR
ELIZABETH, CO 80107 L4 N74°07'12"E 52.21
ELIZABETH, CO 80107
0
6 68 L5 S89°10'48"E 200.00
N
TI
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RESIDENTIAL RESIDENTIAL
RESIDENTIAL BOND CHARLES E

L14 S89°10'44"E 448.06

ELIZABETH, CO 80107
ZONING: P.U.D.
1205 LEGACY TRAIL
ZONING: P.U.D. R117779

MUNDAY CRYSTAL L
ELIZABETH, CO 80107
CHRISTINA RENEE
505 LEGACY TRAIL
ZONING: P.U.D. 1365 LEGACY TRAIL

1245 LEGACY TRAIL
ELIZABETH, CO 80107
80107
ELIZABETH, CO
DRAKE GARY W &
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BITZER BARBARA LYNN

ABE ACY TR NINA M
ELIZABETH, CO 80107
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PROJECT NUMBER:
80107
GILMAN GRETA LYNN &

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ELIZABETH, CO
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2
Elizabeth
West Annexation Impact Report
Elizabeth, Colorado
PO Box 18287, Denver, CO - 80218

Elizabeth West
CONSIDERATION FOR ANNEXATION
MAY 2018
submitted to:
The Town of Elizabeth

P.O. Box 159
151 South Banner Street,
Elizabeth,
Colorado 80107
Project Team
Property Owners - Land Planning -
BK2 LLC PCS Group, Inc.
988 Street Highway 86 PO Box 18287
Elizabeth, CO 80107 Denver, Colorado 80218
attn: John Prestwich - (720) 259-8246
PO Box 3229 john@pcsgroupco.com
Parker, CO 80134
&
Civil Engineering -
New Point Properties, LLC 2N Civil
1574 Street Highway 86 6 Inverness Court, Suite 125
Elizabeth, CO 80107 Englewood, Colorado 80112
attn: Eric Tuin - (303) 925-0544
5786 Logan Court eric@2ncivil.com
Denver, CO 80216
Development Representative -
MF Investments, LLC
PO Box 4701
Englewood, CO 80155
attn: Jim Marshall (303) 507-6651
jimmarshall@bcxdevelopment.com
A N N E X AT I O N I M PA C T R E P O R T N A R R AT I V E
Elizabeth West Annexation:
This Annexation Impact Report requests the annexation This property will be annexed to the town and remain
of approximately 425.9 acres of land located south of zoned as agricultural land with no changes. Per the 2008
State Highway 86, west of the existing Town of Elizabeth Town of Elizabeth Community Master Plan, the northern
Boundary and Legacy Academy, and east of Wild Pointe. portion of the property is located within the designated
1
The property is contiguous to the southern boundary Urban Growth Area which is identified on the following
of the Town of Elizabeth, and more than 1/6th of the map on page 2. The Master Plan states that the Town will
boundary is contiguous to the Town. responsibly consider all petitions for annexation of lands
within the Urban Services Area and will not decline to
annex such property except for good cause.
URBAN GROWTH AREA MAP EXISTING ZONING OVERLAY MAP
2
Elizabeth West
Project Boundary
Legend
Legend
Urban Growth Area
Urban Services Area

Project
Boundary
Project Boundary
Maps:
ADOPTED PLANNED STREET OVERLAY MAP
Maps are provided above and in the annexation exhibits
that describe:
• The present and proposed boundaries of the
municipality in the vicinity of the proposed annexation.
• The present street, major trunk water lines, sewer
interceptors and outfalls, other utility lines and ditches,
and the proposed extension of such streets and utility
lines, other utility lines (such as high pressure gas, power
lines, etc.), and ditches in the vicinity of the proposed
annexation;
Legend • The existing and proposed land use pattern in the areas
to be annexed.
Project
Boundary
Extension/Provision of Municipal Services: School Districts
3
At this time, the property will remain in its Agricultural state At this time, the property will remain in its Agricultural
and no extension of municpal services are anticipated state and there will be no effect on the local public
with this annexation request. In the future, extension of school dsitrict systems. In the future, we will work with the
utilities, roads and infrastructure will generally be provided School district to finalize the student generation rates and
via a Title 32 Metro District set up by the developer. determine the cash-in-lieu or a school site for this project,
if it is needed.
Existing Districts Preannexation Agreement
We believe that the districts within the area to be annexed Currently there is no preannexation agreement
include The Elizabeth Fire Protection District, the Elizabeth associated with this property.
Parks and Recreation District, the Elizabeth C-1 School
District, Elizabeth Police Department, and the Elizabeth
C-1 School District.
Elizabeth
West Zoning Narrative
Elizabeth, Colorado
PO Box 18287, Denver, CO - 80218

Elizabeth West
CONSIDERATION FOR ZONING
MAY 2018
submitted to:
The Town of Elizabeth

P.O. Box 159
321 South Banner Street,
Elizabeth,
Colorado 80107
Project Team
Property Owners - Land Planning -
BK2 LLC PCS Group, Inc.
988 Street Highway 86 PO Box 18287
Elizabeth, CO 80107 Denver, Colorado 80218
attn: John Prestwich - (720) 259-8246
PO Box 3229 john@pcsgroupco.com
Parker, CO 80134
&
Civil Engineering -
New Point Properties, LLC 2N Civil
1574 Street Highway 86 6 Inverness Court, Suite 125
Elizabeth, CO 80107 Englewood, Colorado 80112
attn: Eric Tuin - (303) 925-0544
5786 Logan Court eric@2ncivil.com
Denver, CO 80216
Development Representative -
MF Investments, LLC
PO Box 4701
Englewood, CO 80155
attn: Jim Marshall (303) 507-6651
jimmarshall@bcxdevelopment.com
Z O N I N G N A R R AT I V E
Elizabeth West Zoning Narrative:
This purpose of this document is for requesting an initial Currently, this approximately 425.9 acre property is zoned
zoning as part of the annexation request for a parcel of as Agriculture (A) within Elbert County and is vacant,
property located in sections 14 & 15, Township 8 South, unused land. We are proposing to annex the property to
Range 65 West of the sixth principal meridian, County of the town and for it to remain zoned as agricultural land. This
1
Elbert, State Colorado, being presented as the Elizabeth property is bordered by a mix of agriculture & residential
West property. In this document, we will discuss present agriculture to the north, residential / developed land to the
zoning & land use, general development schedule, south & east, and agriculture to the west. Please refer to
consistency with the Town Master Plan, and description of the map on the following page for more detail.
water & sewer systems proposed to serve the site.
EXISTING ZONING OVERLAY MAP
2
Consistency with Town Master Plan:
At this time, the property will remain in its Agriculture state

and there will be no improvements. In the future, any
development of this property will remain consistent with
the principles and goals outlined in the Town Master Plan.
Water & Sewer Systems:
At this time, the property will remain in its Agricultural

Legend
state and no water & sewer systems are anticipated to
serve the site as part of this zoning request. In the future,
any proposed water & sewer systems will generally be
provided in accordance with Town’s specifications.
Project
Boundary
Development Schedule & Phasing Plan:
At this time, the property will remain in its Agriculture

state. A development plan and phasing schedule will be
provided to the town if the property is developed in the
future.
New 1'oh1t 1'roperties, LLG
December 2, 2018
Grace K. Erickson
Community Development Director
Town of Elizabeth
151 S. Banner St., P.O. Box 159
Elizabeth, CO 80107
RE: Elizabeth West Existing Structures and Uses Request

1574 State Highway 86, Elbert County, Colorado
Ms. Erickson,
Per your request I am providing this written statement regarding the current status of the existing structures and
uses for the property located at 1574 State Highway 86 in Elbert County, Colorado.
Since acquiring the property in 2004 as a family investment, the property has been used for agricultural purposes
and has seen no active development or improvements of any kind.
The residential structure was leased for several years early in our ownership, but has remained vacant for
approximately the last ten years. There is currently no occupancy of the property and the residential structure
has effectively been abandoned and cannot be considered habitable at this point without major repair and
restoration. The small barns and storage sheds are also unoccupied and in a state of considerable disrepair. The
existing well and septic system on the property are also not actively used or maintained at this time.
Earlier this year the property was conveyed by deed to a newly formed limited liability company for the purposes
of investment management and remains vacant with no change in use.
Attached please find attached an exhibit identifying the existing structures and condition for your information .
This exhibit illustrates the location of the existing structures on the property which are also acknowledged and
recorded by the Elbert county Assessor's office. A current Elbert County Assessor's Property Report Card is also
attached for your reference.
Should you require any additional information regarding the property please do not hesitate to contact me.
,,,a
Manager
New Point Properties, LLC
5786 Logan Court
Denver, CO 80216
720-940-8749
mu1tiline84@yahoo.com
Property Record Card
Elbert
SULEIMAN NAGEEB Account: R109454 Parcel: 8514100001

ABDALLA Tax Area: 0002 - - 0002 Situs Address:
Acres: 118.253 1574 ST HWY 86
5786 LOGAN CT ELIZABETH, 80107
DENVER, CO 80216
Zoning A
Value Summary Legal Description

Section: 14 Township: 8 Range: 65Subdivision: RURALA E2NW4 -
Value By: Market Override NW4NE4 LESS 1 A 14 8 65 LESS .338 A TO STATE HWY LESS .203
Land (1) $248,331 N/A A TO STATE HWY DESC B344 P648 118.46 LESS .207 A TO
STATE HWY DESC B507 P89 118.253 ACRES
Residential (1) $57,368 N/A
Extra Feature (1) $89 N/A
Extra Feature (4) $1,670 N/A
Extra Feature (5) $3,229 N/A
Total $311,807 $311,807
Public Remarks
Entry Date Model Remark
Land Occurrence 1
Land Code 648100 - R64 T8 >100 ACRES Subdivision 3200 - RURALO
Abstract Code 1112 - SINGLE FAM.RES.-LAND Acres 118.253
SQFT 0 Units 0
SubArea ACTUAL EFFECTIVE LIVING FOOTPRINT

Acres 118.253
A#: R109454 P#: 8514100001 As of: 08/05/2014 Page 1 of 4

Elbert
Land Occurrence 1
Total 118.253
Value Rate Rate Rate Rate
$248,331 2,100.05
Residential Occurrence 1
Baths 1 Bedrooms 3
Basement Walkout 1 - NO Condition 3 - AVERAGE
Cooling 8 - NO DATA Design 1 - RANCH
Economic Area 2 - WEST Effective Year Built 1911
Electric Meters 2 - ONE Estimated Life 55 - 55 - EST_LIFE
Foundation Type 5 - CONCRET Heating Fuel 4 - OTHER
Inspection Date 09/29/1994 Interior Wall 1 - PLASTER
Landscaping 2 - MINIMAL Location Adjustment 140
Manufactured Home 1 - NO Neighborhood 0 - UNKNOWN
Property Type 1 - AGRICUL Quality 3 - AVERAGE
Roof Design 3 - GABLE Rooms 6
Septics 2 - ONE Size Adjustment 1
Structure 1 - WDFRAME Subdivision 3190 - RURALA
Year Built 1911 Exterior Wall 7 - HDBDLAP
Floor Type 2 - RESLNT. Heating Type 1 - FORCAIR
Roof Cover 4 - CMPSHNG Abstract Code 1212 - SINGLE FAM.RES-
IMPROVEMTS
Acres 0 SQFT 1160
Units 0

Unfinished Basement 1,160 232
Main 1,160 1,160 1,160 1,160
Enclosed Porch 56 17 17
Open Porch 48 14
Total 2,424.00 1,423.00 1,177.00 1,160.00
$57,368 23.67 40.31 48.74 49.46
Extra Feature Occurrence 1

Quality Adjustment 79.55 Structural Code 4 - FRAME - WOOD
Xfob Code 40445 - BARN - WF Abstract Code 1212 - SINGLE FAM.RES-
IMPROVEMTS
Acres 0 SQFT 0
Units 0

404 112 112
Total 112.00 112.00
$89 0.79 0.79

A#: R109454 P#: 8514100001 As of: 08/05/2014 Page 2 of 4

Elbert

IMPROVEMTS
Acres 0 SQFT 0
Units 0

404 176 176
Total 176.00 176.00
$140 0.80 0.80

Quality Adjustment 79.4 Structural Code 8 - UNKNOWN
Xfob Code 39945 - SHED - WF Abstract Code 1212 - SINGLE FAM.RES-
IMPROVEMTS
Acres 0 SQFT 0
Units 0

399 840 840
Total 840.00 840.00
$669 0.80 0.80

Adjustment 05 176 Economic Area 2 - WEST
Effective Year Built 1966 Quality Adjustment 92.9
Structural Code 4 - FRAME - WOOD Xfob Code 40445 - BARN - WF
Abstract Code 1212 - SINGLE FAM.RES- Acres 0
IMPROVEMTS
SQFT 0 Units 0

404 1024 1024
Total 1,024.00 1,024.00
$1,670 1.63 1.63

Adjustment 05 218 Economic Area 2 - WEST
Effective Year Built 1966 Quality Adjustment 100
Structural Code 4 - FRAME - WOOD Xfob Code 30545 - BARN/SHED - WF
Abstract Code 1212 - SINGLE FAM.RES- Acres 0
IMPROVEMTS
SQFT 0 Units 0

305 1288 1288
Total 1,288.00 1,288.00
$3,229 2.51 2.51
A#: R109454 P#: 8514100001 As of: 08/05/2014 Page 3 of 4

Elbert

IMPROVEMTS
Acres 0 SQFT 0
Units 0

404 392 392
Total 392.00 392.00
$311 0.79 0.79
Abstract Summary
Code Classification Actual Value Taxable Actual Taxable
Value Override Override
1112 SINGLE FAM.RES.-LAND $248,331 $19,770 NA NA
1212 SINGLE FAM.RES-IMPROVEMTS $63,476 $5,050 NA NA
Total $311,807 $24,820 NA NA
A#: R109454 P#: 8514100001 As of: 08/05/2014 Page 4 of 4

New Point Proper es, LLC Property Exis ng Improvements Exhibit
Owner: New Point Proper es, LLC Address: 1574 State Highway 86, Elbert County, Colorado
State Parcel I.D. Number: 85141‐000‐001 Gross Acreage: 118.253 ac. m/l Date: December 2, 2018
State Highway 86
Loca on of Improvements
STRUCTURE SIZE Y.O.C. CONDITION

Residence 1,160 s.f. 1911 Abandoned (uninhabitable)
Barn #1 1,288 s.f. 1966 Dilapidated
Barn #2 1,024 s.f. 1966 Dilapidated
Barn #3 840 s.f. 1966 Dilapidated
Shed #1 392 s.f. 1966 Dilapidated
Shed #2 176 s.f. 1966 Dilapidated
Colorado Escrow and Title Services, LLC
10851 South Crossroads Drive, Suite B
Parker, CO 80134
Phone: 303-752-6400
Fax: 303-752-6500
Transmittal Information
Date: 01/12/2018
File No: 22959CEW
Property Address: 1574 State Highway 86, Elizabeth, CO 80107
Buyer\Borrower: MG Land Investments, LLC, a Colorado Limited

Liability Company
Seller: New Point Properties, LLC, a Colorado Limited

Liability Company
For changes and updates please contact your Escrow officer(s):

Escrow Officer: Title Officer:
Richelle Peterson Barbara Pettitt
Colorado Escrow and Title Services, LLC Colorado Escrow and Title Services, LLC
10851 South Crossroads Drive, Suite B c/o ET Production Services, LLC
Parker, CO 80134
Phone: 303-752-6400
Fax: 303-752-6500
E-Mail: Rikki@coloescrow.com
Escrow Processor:
Not Applicable
E-Mail:
Phone: 303-752-6400
Copies Sent to:
Buyer: Seller:
MG Land Investments, LLC, a Colorado Limited New Point Properties, LLC, a Colorado Limited
Liability Company Liability Company
7108 - M South Alton Way 5786 Logan Court
Englewood, CO 80112 Denver, CO 80216
DELIVERED VIA: AGENT DELIVERED VIA: E-MAIL
Buyer's Agent: Seller's Agent:

Trevey Land and Commercial
10510 Dransfeldt Road, Suite 100
Parker, CO 80134
Attn: Mitch Trevey
Phone: 303-841-1400 Fax: 720-398-3209
DELIVERED VIA: E-MAIL
Buyer’s Attorney: Seller’s Attorney:

RJBLawyer, LLC Brown & Taylor, P.C.
1543 Champa St. #400 19590 East Mainstreet, Suite 107
Denvcer, CO 80202 Parker, CO 80138
Phone: Fax: Phone: 303-841-2458 Fax: 720-367-5447
Email: bobbruce@rjblawyerllc.com Email: steve@brownandtaylor.com
DELIVERED VIA: E-MAIL DELIVERED VIA: E-MAIL
Lender: Mortgage Broker:

CASH
Phone: Fax: Phone: Fax:

Attn: Attn:
Attn: Tom Maroney

Other: DELIVERED VIA: E-MAIL
Tom Maroney
Changes: New seller added, Sales Price added, Requirements and Exceptions modified, Premiums
modified, Effective Date advanced
File No: 22959CEW

As agent for
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 09, 2018 at 07:30 am
2. Policy or Policies to be issued:
A. ALTA 2006 OWNER'S POLICY $2,060,000.00
Proposed Insured: MG Land Investments, LLC, a Colorado Limited Liability Company
B. ALTA 2006 LOAN POLICY
Proposed Insured: NONE: CASH SALE
Basic Owner's Policy $ 4,399.00

Tax Certificate $ 25.00
110.1-OEC Del.Except End (Own) $ 65.00
100.29-Dmg to Impr-Min Est End $ 440.00
Total: $ 4,929.00
3. The estate or interest in the land described in this Commitment and covered herein is Fee Simple and title
thereto is at the effective date hereof vested in:
New Point Properties, LLC, a Colorado limited liability company
4. The land referred to in the Commitment is situate in the county of Elbert, State of Colorado and is
described as follows:
SEE ATTACHED EXHIBIT "A"
For Informational Purposes Only: 1574 State Highway 86, Elizabeth, CO 80107
Countersigned
By:
Barbara Pettitt
EXHIBIT "A"
E1/2 NW1/4, NW1/4 NE1/4 of Section 14, Township 8 South, Range 65 West of the 6th P.M.,
County of Elbert, State of Colorado, except the Parcels deeded to the Elbert County Board of
County Commissioners in Book 182 at Page 159 and Book 209 at Page 140 and that Parcel deeded
to the State Highway Department in Book 320 at Page 291, County of Elbert, State of Colorado.
NOTE: FINAL LEGAL DESCRIPTION TO BE INSURED IS TO BE DETERMINED
SCHEDULE B - SECTION I
REQUIREMENTS
Effective Date: January 09, 2018 at 07:30am
The following are the requirements to be complied with prior to the issuance of said policy or
policies. Any other instrument recorded subsequent to the effective date hereof may appear as an
exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must
be recorded in the office of the clerk and recorded of the county in which said property is located.
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premium, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded:
(d) You must tell us in writing the name of anyone not referred to in this document who will get an
interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions relating to the interest or the loan.
NOTE: The property described herein, appears to be free and clear of any Deeds of Trust or Mortgages.
Please verify this information with the owners of subject property and notify Title if this information is
incorrect.
(e) Special Warranty Deed sufficient to convey fee simple estate or interest in the land described
or referred to herein, to the proposed insured, Schedule A, Item 2A.
NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation
of the legal address of the purchaser (not necessarily the same as the property address) be
included on the face of the deed to be recorded.
NOTE: C.R.S.39-14-102 requires that a Real Property Transfer Declaration accompany any
conveyance document presented for recordation in the State of Colorado. Said declaration
shall be completed and signed by either the grantor or grantee.
NOTE: Statement of Authority for New Point Properties, LLC, a Colorado limited liability recorded
January 9, 2018 at Reception No. 574869 designates Nageeb A. Suleiman as Manager.
(f) Delivery to the Company for inspection and approval prior to closing, the following
documents for MG Land Investments, LLC, a Colorado Limited Liability Company:
(1) Copy of the current Operating Agreement, and any and all amendments thereto,
setting forth the name of the manager(s) or members, and their respective powers. NOTE:
This item will not be recorded. This Commitment may be subject to additional Requirements
and/or Exceptions upon receipt and review of this item.
(2) Recordation of Statement of Authority evidencing the existence of the entity and
authority of the person(s) authorized to execute and deliver instruments affecting title to real
property on behalf of the entity, and containing the other information required by C.R.S. 38-
30-172 and/or 38-30-108.5.
REQUIREMENTS NOT TO BE RECORDED:
A. Payment of any and all due and unpaid general taxes or special assessments pertaining to
subject property, as may be evidenced by a tax certificate.
B. A SATISFACTORY ALTA SURVEY MUST BE FURNISHED TO THE COMPANY.

EXCEPTION WILL BE TAKEN TO ADVERSE MATTERS DISCLOSED THEREBY.
NOTE: THIS REQUIREMENT IS NECESSARY BECAUSE FINAL LEGAL

DESCRIPTION TO BE INSURED IS TO BE DETERMINED.
C. Receipt by the company of a Final Affidavit and Agreement indemnifying it against unfiled
mechanic's and materialmen's liens.
D. Item 5 will be deleted if closing is performed by the Insuring Company.
E. Upon receipt of Items required above, satisfactory to the Company, the Policy to be issued
will be an ALTA Standard Owner's Policy along with Endorsement Form 110.1, which will provide
Owner's Extended Coverage
FOR INFORMATIONAL PURPOSES ONLY:
24-month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months
preceding the date of this commitment is (are) as follows:
Deed recorded January 9, 2018 as Reception No. 574868.
Deed recorded May 27, 2004 as Reception No. 450000.
NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is
reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the
conveyances subsequent to the plat are reported.
SCHEDULE B - SECTION II
EXCEPTIONS
Effective Date: January 09, 2018 at 07:30am
The Policy or Policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Easements or claims of easements not shown in the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting

the Title that would be disclosed by an accurate and complete land survey of the Land
and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this Commitment.
6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing

the issuance thereof.
7. Any water rights or claims or title to water, in or under the land, whether or not shown by
the public records.
8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for
water or sewer service, or for any other special taxing district. Note: Upon verification of
payment of all taxes the above exception will be amended to read, “Taxes and
assessments for the current year, and subsequent years, a lien not yet due and payable.”
9. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and
(2) right of way for any ditches or canals constructed by authority of the United States, in
U.S. Patent recorded November 18, 1874 in Book 1 at Page 285, August 27, 1891 in Book 14
at Page 97, December 21 in Book 14 at Page 125, December 23, 1891 in Book 14 at Page 126,
January 17, 1903 in Book 23 at Page 456, March 4, 1907 in Book 14 at Page 530, and July
20, 1910 in Book 14 at Page 607 and Book 14 at Page 608.
10. Terms, agreements, provisions, conditions and obligations as contained in Easement

recorded March 25, 1970 in Book 271 at Page 451.
11. Terms, agreements, provisions, conditions and obligations as contained in Slope Easement
recorded November 18, 1994 at Reception No. 326006.
12. Any loss or damage arising from the fact that the fence lines on or near the perimeter of
subject property do not coincide with the exact property lines as shown on ALTA/NSPS
Land Title Survey by Frane Surveying Inc., dated January 3, 2018, Project Number 17-235-
ALTA.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at
the request of either the Insured or the Company. Upon request, the Company will
provide a copy of this clause and the accompanying arbitration rules prior to the closing of
the transaction.
3033 South Parker Road #110, Aurora, CO 80014
Phone: 303-752-6400 Fax: 303-752-3500
UNDERSTANDING YOUR TITLE COMMITMENT
SCHEDULE A:
No. 1: Effective date: This is the date our title plant is certified through. There will typically be a 1-2 week gap between the
certification date and the date the commitment is issued.
No. 2A : Owner’s Policy Proposed Insured: This is how the buyer’s name(s) appear(s) on the Contract, all Closing documents and
your Final Title Policy. If your name is appearing incorrectly, please advise your Realtor, Builder and/or Lender.
No. 2B : Loan Policy Proposed Insured: This is how your lender has requested their name appear. If you are working with a
Mortgage Broker, then this name may be unfamiliar to you. If a determination has not yet been made on what lender will be
providing your loan, then this may appear as ‘TBD’ (To Be Determined). If you are paying cash for this purchase, this item will be
left blank.
Charges: Title Premiums, Endorsements and Tax Certificates: These are fees for the items that the Company has determined
may be required by your Lender and/or to meet the terms of your contract. Your lender may request additional items. This does
not include any closing fees.
No. 3: The estate or interest in the land…: This shows how title to the property is legally held by current owner(s).
No. 4: The land referred to in the Commitment…: This is the ‘legal’ property description for the real estate you are buying or
selling.
SCHEDULE B-SECTION 1:
These are Requirements that must be satisfied in order to provide clear title to the Buyer and/or Lender.
The closer and/or processor for the Title Company, will generally take care of satisfying these
requirements, however there may be times when your help will be needed as well. Some requirements will
be met prior to closing, and others will be met at the time of closing.
SCHEDULE B-SECTION 2:
These items are Exceptions to your coverage. We are telling you these items exist (whether by
recordation in the County Clerk and Recorder’s office or because we have knowledge of them through
other means). Since these items have been disclosed to you, you will not be provided any coverage for
same. Owner’s Extended Coverage will delete Items 1-5 of the pre-printed items on Residential Sale
Commitments, provided that the coverage was requested by contract and collected at closing. Copies of
the plat and covenants will be automatically sent to the buyer and/or Selling Agent. We are happy to also
provide you with copies of any other exceptions as well.
PRIVACY POLICY NOTICE
Our Commitment To You
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information – particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. We have, therefore, adopted this Privacy
Policy to govern the use and handling of your personal information.
Our Privacy Policies and Practices
Information we collect and sources from which we collect it:
Depending upon the services you are utilizing, we may collect nonpublic personal information about you from the following sources:
Information we receive from you or your representatives on applications or other forms.

Information you or your representatives provide to us, whether in writing, in person, by telephone, electronically, or by any
other means.
Information about your transactions that we secure from our files or from our affiliates or others.
Information that we receive from others involved in your transaction, such as the real estate agent, lender, or credit bureau.
Information obtained through our web site, as outlined below.
Use of information:
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
We will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service
you have requested of us; or (2) as permitted by law.
In the course of our general business practices, we may share and reserve the right to share the information we collect, as
described above, about you or others as permitted by law.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE
THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
Security and Confidentiality of Your Information:
Safekeeping of your non-public personal information is a high priority. We maintain physical safeguards, such as secure areas in
buildings; electronic safeguards, such as passwords and encryption; and procedural safeguards, such as customer authentication
procedures. We restrict access to nonpublic personal information about you to those who need to know that information in order to
provide products or services to you. We carefully select and monitor outside service providers who have access to customer
information, and we require them to keep it safe and secure. We do not allow them to use or share the information for any purpose
other than to perform the service for which they are engaged. We train our employees with respect to security procedures and monitor
compliance therewith. We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of
the data we maintain.
Information Obtained Through Our Web Site
We are sensitive to privacy issues on the Internet and believe it is important you know how we treat the information about you we
receive on the Internet. In general, you can visit our web site on the World Wide Web without telling us who you are or revealing any
information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is
aggregated to measure the number of visits, average time spent on the site, pages viewed, and similar information. We use this
information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and e-mail address. When information is
needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the
personal information we collect is used only by us to respond to your inquiry, process an order, or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the
policies outlined above.
Cookies
Our web site may use “cookies” to improve the level of service to visitors. Cookies are lines of text that are transmitted to a web
browser and stored on the visitor’s hard drive. When the visitor returns to the web site the cookie is transmitted back. Cookies provide
a way for a server to recall a previous request or registration, or to keep track of a transaction as it progresses, thereby eliminating the
need to repeat the information previously provided. A cookie can only be accessed from the web site that placed it on the visitor’s
system. The cookies used by us do not collect personal identification information and we do not combine information collected
through cookies with other personal information to determine a visitor’s identity or e-mail address. Cookies are commonly used on
web sites today and should not harm any system upon which they are transmitted. Browsers can be configured to notify visitors when
cookies are about to be received and provide visitors with the option of refusing cookies.
CONDITIONS AND STIPULATIONS
1. The term “mortgage”, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has acquired actual knowledge of any defect, lien encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule
B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed
for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
STANDARD EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effect date hereof but prior to the date the proposed Insured acquires
for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
3. Any discrepancies, conflicts in boundary lines, encroachments, easements, measurements, variations in area
or content, party wells and/or other facts which a correct survey and/or a physical inspection of the premises
would disclose.
4. Rights or claims of parties in possession not shown in the public records.
5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic
installments, then the policy shall contain an additional exception which shall be as follows:
Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually
disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the
account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part
thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the
Insured (and payment of the proper charges thereof), the Company’s agent or approved attorney will search the public records
subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to the land as
they have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report, and if
such continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this
policy does not increase in liability unless such matters as actually shown on such continuation report are removed from the public
records by the insured.
ALTA Commitment (6/17/06)
ALTA Commitment Form

Issued by
STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favo r of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require -
ments; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure
to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the Commitment upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be
affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
Authorized Countersignature
Colorado Escrow and Title Services, LLC (Company)

3033 South Parker Road #100
Aurora, CO
004-UN ALTA Commitment (6/17/06)

CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by
failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not
relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by
this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at<http://www.alta.org/>.
All notices required to be given the Company and any statement in writing required to be
furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252.
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO

WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information Do we share? Can you limit this sharing?
For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer
Yes No
accounts, such as processing transactions, mailing, and auditing services, and
responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you. Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and nonfinancial companies. Our Yes No
affiliates may include companies with a Stewart name; financial companies, such as
Stewart Title Company
For our affiliates' everyday business purposes— information about your
No We don't share
creditworthiness.
For our affiliates to market to you Yes No
For nonaffiliates to market to you. Nonaffiliates are companies not related by
No We don't share
common ownership or control. They can be financial and nonfinancial companies.
We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a
nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiliate.
Sharing practices
How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction.
notify me about their practices?
How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use
protect my personal information? security measures that comply with federal and state law. These measures include
computer, file, and building safeguards.
How do the Stewart Title Companies We collect your personal information, for example, when you
collect my personal information? request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates or other
companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
DISCLOSURES
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;

B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM
THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY
BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
RECORDER, OR THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that “Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.”
Provided that Title Company Name conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner’s Title Policy and the Lender’s
Title Policy when issued.
Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and
Materialmen’s Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a.That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3,
Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
CO Commitment Disclosure
File No: 24567CEW

As agent for
Westcor Land Title Insurance Company
INFORMATION ONLY COMMITMENT

SCHEDULE A
1. Effective Date: May 03, 2018 at 7:30 am
2. Policy or Policies to be issued:
A. ALTA 2006 OWNER'S POLICY
Proposed Insured:
B. ALTA 2006 LOAN POLICY
Proposed Insured:
Informational $ 250.00
Total: $ 250.00
3. The estate or interest in the land described in this Commitment and covered herein is Fee Simple and title
thereto is at the effective date hereof vested in:
BK2, LLC, a Colorado Limited Liability Company
4. The land referred to in the Commitment is situate in the county of Elbert, State of Colorado and is
described as follows:
SEE ATTACHED EXHIBIT "A"
For Informational Purposes Only: Vacant Land, , CO

Countersigned
By:
M. Welninski
ALTA Commitment - Schedule A Page 1

File No: 24567CEW
EXHIBIT "A"
A parcel of land located in the Northeast and Southeast Quarter of Section 15, and the Southwest and Northwest
Quarter of Section 14, Township 8 South, Range 65 West of the Sixth Principal Meridian, County of Elbert, State
of Colorado, more particularly described as follows:
The basis of bearing of this description is an assumed bearing of N00 °14'48"W a distance of 2664.96 feet from a
2" aluminum cap on a number 6 rebar stamped "1999-LS30830" at the East Quarter corner of said Section 15 to
a 2" aluminum cap on a number 6 rebar stamped "1999-LS30830" at the Northeast corner of said Section 15.
Commencing at the North quarter corner of said Section 15; thence S00 °24'05"E along the West line of the
Northeast quarter of said Section 15 a distance of 40.09 feet to a point on the South right of way of Colorado State
Highway No. 86; thence along the South right of way line of Colorado State Highway No. 86 the following Two (2)
courses;
1) Thence S89°56'30"E a distance of 0.38 feet;
2) Thence S83°32'47"E a distance of 70.12 feet to the Point of Beginning;
Thence continuing along the South right of way of Colorado State Highway No. 86 the following two (2) courses;
2) Thence S89°56'50"E a distance of 739.98 feet to the Northwest corner of a parcel of land described at Book 282,
Page 326 filed in the Elbert County Clerk and Recorder's office;
Thence S00°09'34"E along the West boundary of the lands described at said Book 282, Page 326 a distance of
861.70 feet to the Southwest corner of the lands described at said Book 282, Page 326; said corner also being the
Northwest corner of a parcel of land described at Reception No. 476359 filed in the Elbert County Clerk and
Recorder's office; thence along the West, South and East boundary lines of the lands described at said Reception
No. 476359 the following three (3) courses;
2) Thence N89°50'26"E a distance of 505.93 feet;
3) Thence N00°09'38"W 390.28 feet to the Southwest corner of the lands described at Book 458, Page 364 as filed
in the Elbert County Clerk and Recorder's office;
Thence along the South, and East boundary of the lands described at said Book 458, Page 364 the following three
(3) courses;
2) Thence N05°25'23"E a distance of 603.03 feet;
3) Thence N24°48'41"E a distance of 333.29 feet to a point on the South right of way of Colorado State Highway
No. 86;
Thence S89°12'30"E along the South right of way line of Colorado State Highway No. 86 a distance of 834.80 feet
to a point on the West boundary line of the lands described at Book 377, Page 350 filed in the Elbert County Clerk
and Recorder's office; thence S00 °58'55"E along the West boundary of the lands described at said Book 377, Page
350 a distance of 2613.60 feet to the Northwest corner of Lot 18, Wild Pointe, a subdivision filed in the Elbert
County Clerk and Recorder's office at Plat Book 12, Page 54; thence along the boundary of said Wild Pointe the
following three (3) courses;
2) Thence N89°26'35"W a distance of 1394.52 feet;
3) Thence N89°18'17"W a distance of 2570.30 feet; said point being 70.00 feet East of the Westerly line of the
Southeast quarter of said Section 15;
Thence N00°24'05"W along a line parallel with and 70.00 feet Easterly of the West line of the Southwest quarter
and the Northwest quarter of said Section 15 a distance of 3916.04 feet to the Point of Beginning;
County of Elbert, State of Colorado
NOTE: This commitment, and the policy(ies) to be issued are subject to such further requirements and/or
exceptions as may be necessary upon review by the Company, its agents or subsidiaries, of any newly created legal
description(s).

File No: 24567CEW

File No: 24567CEW

SCHEDULE B - SECTION I
REQUIREMENTS
Effective Date: May 03, 2018 at 7:30am
The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other
instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the
policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder
of the county in which said property is located.
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premium, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded:
(d) You must tell us in writing the name of anyone not referred to in this document who will get an interest in the
land or who will make a loan on the land. We may then make additional requirements or exceptions relating to
the interest or the loan.
NOTE: This commitment has been issued for information purposes only and there are no requirements.
The liability of the Company in terms of this Commitment is limited to the charges paid for the
Commitment.
ALTA Commitment - Schedule B - Section I NOTE: This commitment consists of insert pages labeled in Schedule A, Schedule B-Section
1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules Page 4
are included, along with any Rider pages incorporated by reference in the insert pages
File No: 24567CEW

SCHEDULE B - SECTION II
EXCEPTIONS
Effective Date: May 03, 2018 at 7:30am
The Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Easements or claims of easements not shown in the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the land would disclose, and which are not shown by the public record.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof.
7. Any water rights or claims or title to water, in or under the land, whether or not shown by the public
records.
8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district. Note: Upon verification of payment of all taxes the
above exception will be amended to read, “ Taxes and assessments for the current year, and subsequent
years, a lien not yet due and payable.”
9. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent
recorded October 28, 1895 in Book 23 at Page 62.
10. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patents
recorded February 2, 1904 in Book 14 at Page 493, Book 14 at Page 494, Book 14 at Page 495.
11. An easement and right of way for pipelines and incidental purposes granted to Plateau Natural Gas
Company in the instrument recorded October 14, 1963 in Book 251 at Page 191.
Assignment of interest to Northern Natural Gas Company in the instrument recorded March 25, 1970 in
Book 271 at Page 451.
ALTA Commitment - Schedule B - Section II NOTE: This commitment consists of insert pages labeled in Schedule A, Schedule B-Section
File No: 24567CEW
12. Terms, agreements, provisions, conditions and obligations as contained in Quit Claim Deed recorded
December 27, 1995 in Book 533 at Page 693.
13. Terms, agreements, provisions, conditions and obligations as contained in Drainage Easement Agreement
(County Road 3; East Half Section 15) recorded March 25, 2005 in Book 670 at Page 115.
14. Terms, agreements, provisions, conditions and obligations as contained in Slope Easement Agreement
(County Road 3; East Half Section 15) recorded March 25, 2005 in Book 670 at Page 116.
15. Terms, agreements, provisions, conditions and obligations as contained in Gas Pipeline Easement recorded
July 13, 2006 in Book 685 at Page 762.
16. Terms, agreements, provisions, conditions and obligations as contained in Access Easement recorded July
13, 2006 in Book 685 at Page 763.
17. Terms, agreements, provisions, conditions and obligations as contained in Findings of Fact, Conclusions of
Law, Ruling of the Referee, Judgment and Decree recorded June 17, 2009 at Reception No. 502731.
18. Terms, agreements, provisions, conditions and obligations as contained in Ground Water Rights
Distribution Agreement recorded June 17, 2009 at Reception No. 502732.
19. Terms, agreements, provisions, conditions and obligations as contained in Water Right Bargain and Sale
Deed recorded June 17, 2009 at Reception No. 502734.
Deed recorded June 18, 2009 at Reception No. 502746.
Deed recorded July 13, 2011 at Reception No. 519681.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of
either the Insured or the Company. Upon request, the Company will provide a copy of this clause and
the accompanying arbitration rules prior to the closing of the transaction.
ALTA Commitment - Schedule B - Section II NOTE: This commitment consists of insert pages labeled in Schedule A, Schedule B-Section
From: Zuroff, Ron <Ron.Zuroff@blackhillscorp.com>
Sent: Thursday, July 12, 2018 11:47 AM
To: Grace Erickson
Subject: FW: TRANSMITTAL: LAND USE #18‐12‐AN Z ELIZABETH WEST
Attachments: Elizabeth West ‐ Zoning Narrative.pdf
No comment from Black Hills Energy Grace! Thanks Ron
From: Grace Erickson [mailto:gerickson@ci.elizabeth.co.us]

Subject: TRANSMITTAL: LAND USE #18‐12‐AN Z ELIZABETH WEST
*** This email is from an EXTERNAL sender ***

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with questions.
All,
Please find below the link to the proposed annexation and initial zoning submittal for the project known as
“Elizabeth West” located west of the Town of Elizabeth. Zoning narrative is attached for quick access.
All agencies have through Sunday, August 5th to review the application materials and submit comments. If an
agency does not submit a response through that date, it will be assumed that the agency has no
comments. Please note that comment submitted the following business day will not be accepted.
Responses may be submitted via email. Please refer to the contact information below.
Please let me know if you have any questions.
https://www.dropbox.com/sh/na0dji8yzjknwfp/AAB‐_0Ek5ceXKgwAkx43tYa‐a?dl=0
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646‐4166
gerickson@ci.elizabeth.co.us
This electronic message transmission contains information from Black Hills Corporation, its affiliate or subsidiary, which may be confidential or
privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware
the disclosure, copying, distribution or use of the contents of this information is prohibited. If you received this electronic transmission in error,
please reply to sender immediately; then delete this message without copying it or further reading.
From: Hice-Idler - CDOT, Gloria
To: Grace Erickson
Cc: Bilobran, Timothy; Allyson Mattson - CDOT
Subject: LAND USE #18-12-AN Z ELIZABETH WEST/Town of Elizabeth/SH 86
Date: Monday, July 30, 2018 9:08:06 AM
Attachments: image001.png
CDOT has no comment regarding the annexation and zoning request. As plans progress because
continue to include CDOT in discussions.
Gloria Hice-Idler
Rocksol Consulting
(970) 381-8629
10601 W. 10th Street, Greeley, CO 80634

gloria.hice-idler@state.co.us | www.codot.gov | www.cotrip.org
COUNTY OF ELBERT
COMMUNITY & DEVELOPMENT
SERVICES
P.O. BOX 7
215 COMANCHE STREET
KIOWA, COLORADO 80117
303-621-3185 FAX: 303-621-3165
tracey.aaron@elbertcounty-co.gov
August 3, 2018
TO: Grace Erickson, Town of Elizabeth Community Development Director

RE: Elizabeth West Annexation
Ms. Erickson,
Elbert County has reviewed the proposed Annexation documents. Thank you for the
opportunity to provide comments. The plan proposes 425.9 acres of agricultural land to
be annexed to the Town of Elizabeth. No development is planned at this time, and the
proposed zoning would also be Agriculture (A). The submitted petition contains
signatures from two property owners, however, a large section of Colorado State
Highway 86 is also planned to be included with this annexation. Please indicate who
owns that right-of-way, and if an entity such as CDOT is the owner, we suggest their
signature be included.
Existing County zoning for the area is Agriculture (A) and residential PUD, the proposed
use will be compatible with these uses. Portions of the annexed area also fall within
Elbert County’s proposed Economic Development Zone Overlay District, however this
overlay zone will not apply after incorporation into the Town of Elizabeth. Though no
further development is planned at this time, it is assumed that the proposed agricultural
use is not the long term plan for the annexed property. Elbert County would welcome
the opportunity to provide an additional review and comments once the future
development is disclosed. If a significant change in use is planned, the County would
like to analyze the impacts to roads, services, and land uses.
When you are ready, please contact me so that we can coordinate a meeting to discuss
roadways, connections, access points and impacts which will need to include Elbert
County Public Works staff. I will then work with the Public Works Department and
County Engineer to set up a meeting with you and Town staff to discuss the project and
further refine the County comments on this proposed annexation and zoning
case/project.
We look forward to meeting with you and staff at the Town to further our understanding
of the proposed project. We are happy to see activity in the area and that property
owners are in the process to annex lands into the Town of Elizabeth.
Respectfully submitted on behalf of Elbert County,
Vince Harris, AICP

Interim Elbert County Community & Development Services Director
cc. Sam Albrecht – County Manager

Christina Stanton, CDS Director
Bart Greer – County Attorney
Rory Hale – Public Works Director
Sean O’Hearn – County Engineer
From: Brooks Kaufman
To: Grace Erickson
Subject: RE: TRANSMITTAL: LAND USE #18-12-AN Z ELIZABETH WEST
Date: Monday, July 30, 2018 8:47:05 AM
Ms. Erickson;
The Association has reviewed the contents in the above-referenced referral response packet.
We reviewed the project for maintaining our existing facilities, utility easements, electric
loading, and service requirements. We are advising you of the following concerns and
comments:
The Association is requesting the Town of Parker notify the undersigned after approval of the
proposed annexation has been finalized. This notification will allow our mapping department
to make the necessary changes to keep our mapping system and Town of Elizabeth franchise
agreement updated.
Respectfully
Brooks Kaufman
Lands and Rights of Way Director
5496 N. US Hwy 85
Sedalia, CO 80135
Direct : 720.733.5493
Cell : 303.912.0765
bkaufman@irea.coop

Subject: TRANSMITTAL: LAND USE #18-12-AN Z ELIZABETH WEST
All,
Please find below the link to the proposed annexation and initial zoning submittal for the project
known as “Elizabeth West” located west of the Town of Elizabeth. Zoning narrative is attached for
quick access.
All agencies have through Sunday, August 5th to review the application materials and submit
comments. If an agency does not submit a response through that date, it will be assumed that the
agency has no comments. Please note that comment submitted the following business day will not
be accepted.
community design | entitlement | site design | landscape architecture | community imaging
Town of Elizabeth
Grace K. Erickson, Community Development Director
PO Box 159, 151 S. Banner Street,
Elizabeth, CO 8007
303-646-4166
August - 2018
RE: LAND USE #18-12-AN Z ELIZABETH WEST
As requested this response letter acknowledges the comments received by referral agencies for the
Elizabeth West development application.
Black Hills Energy

- We acknowledge that Black Hills Energy has no comments on this application.
CDOT
- We acknowledge that CDOT has no comments on this application, but as plans progress
CDOT would like to continue to be informed and have discussions related to the project.
Elbert County
- We acknowledge that as the project progresses Elbert County would like to meet to discuss
roadways, connections, access points and project impacts. We also appreciate the comment
stating that Elbert County is happy to see activity in the area, and supports the annexation of
land to the Town of Elizabeth. The applicant will work with the Town and CDOT, and if any other
signatures are required they will be obtained.
Elizabeth Fire Protection District

- We appreciate that the Fire District approves of the annexation of this property. Further, we
acknowledge that the Town of Elizabeth may need to expand the water system to provide fire
flow for this project, and that new development may require additional requirements from the
fire department, and that an Impact Fee Agreement will need to be signed during the approval
of this project. Impact fees will be collected during the building permit process.
IREA
- We acknowledge that the association is requesting the Town of Elizabeth notify the
undersigned after approval of the proposed annexation has been finalized. This notification
will allow IREA’s mapping department to make the necessary changes to keep their mapping
system and Town of Elizabeth franchise agreement updated.
pcs group inc. 200 kalamath street - denver - co - 80223 - t 303.531.4905

w w w. p c s g r o u p c o . c o m
Safebuilt
- We acknowledge that there are no comments on the Annexation Petition or Impact Report.
The Zoning Map has been not been updated because there are no existing easements, there
are no proposed easements at this time. Interim uses would be agricultural in nature.
Stolfus
- We acknowledge that the Town of Elizabeth Street Plan identifies Legacy Ridge Street as
a Major Collector with a 90’ ROW. We acknowledge that Prairie Hawk Circle will be a local
roadway with a 60’ ROW. We understand that SH 83/86 calls for widening and anticipate that
we will ultimately dedicate ROW for that expansion. Access to SH 86 will be a full movement
access point at Legacy Ridge Street, and a limited access point at Prairie Hawk Circle (right-in/
right-out). We acknowledge that the SH 86 Access Control Plan calls for the realignment and
signalization of Legacy Ridge Street when warranted in the future. Additionally we acknowledge
that if we request any additional access points we will need to go through the CDOT Access
Permit Process, and any costs associated with this process will be bourne by the applicant. And
finally, we acknowledge that the applicant will need to provide adequate infrastructure for any
future development in accordance with Town Standards.
Sincerely,
John Prestwich
John Prestwich - President, PCS Group, Inc. - RLA
pcs group inc. 200 kalamath street - denver - co - 80223 - t 303.531.4905

w w w. p c s g r o u p c o . c o m
PUBLIC HEARING
TOWN OF ELIZABETH

DATE: January 18, 2019
SUBJECT: Ritoro Subdivision, Filing Nos. 2 and 3, Sketch and preliminary plans
EXECUTIVE SUMMARY
The hearing is regarding the request for sketch and preliminary plan approval for Ritoro
Subdivision Filing Nos. 2 and 3. The filings involve the development of 206 lots for single-family
detached residential as part of an overall subdivision of 342 lots. The project includes the
extension of County Road 136 through the northern boundary of the development which will serve
as secondary access to the subdivision. The project also includes dedication of a well site to the
Town. The filings also include the incorporation of open space, recreational trail, and fencing
bordering the southern boundary of the property. Staff is recommending approval of the proposed
sketch and preliminary plans, as the applicant has met the Town’s standards for development and
addressed comments from referral agencies.
*The applicant representative will be present for the hearing with a PowerPoint presentation on the project.
TOWN OF ELIZABETH
FINDINGS OF FACT
The application is for a sketch and preliminary plan for filing nos. 2 and 3 for the property known as Ritoro. The
property is zoned Planned Unit Development (PUD) and consists of approximately 63 acres. The Board of Trustees
approved the combination of the sketch and preliminary plan processes in 2017.
The plans include 206 residential lots and 11 tracts. Lots range from approximately 5,000 square feet to
approximately 16,000 square feet. The development includes a recreational trail along the Gold Creek corridor.
Property for a future well site is proposed on the plans. Water and sewer infrastructure will be constructed by the
developer to serve the property per the Town’s standards. Right-of-way and easements to accommodate this
infrastructure are proposed on the plans.
A traffic impact study was completed by the applicant and reviewed by the Town’s traffic engineer. The extension of
County Road 136 is proposed and would serve as secondary access to the development. Access from Black Saddle
Street will also be available for access to and from the development. Access for emergency services from South
Pine Ridge Street is also included in the plans. Right-of-way will be dedicated to the Town for all public roads within
the development.
The traffic study proposes and amendment to the access control plan that would be pursued upon the development
of the property to the north (E-86). Upon development of E-86, traffic would be routed up through the new County
Road 136 to Highway 86.
Conformance with Community Master Plan

The preferred land use plan projects the use of this property as single-family residence.
TOWN OF ELIZABETH
Section 16-3-50 (c) Preliminary plan

(10) Following the recommendation by the Planning Commission, the Town will schedule the
preliminary plan with the Board of Trustees and notify the applicant of the hearing date and time. There
shall be a two-week minimum delay between Planning Commission and Board of Trustees hearings to
allow for a continuance by the Planning Commission.
(11) The applicant shall be responsible for providing public notice prior to the Board of Trustees hearing
in compliance with the public notice requirements in Subsections 16-4-30 (b) through (d) of this Chapter.
(12) The Board of Trustees shall evaluate the preliminary plan, referral agency comments, Planning
Commission recommendation and public testimony, and shall approve, conditionally approve, continue for
additional information or for further study or deny the preliminary plan. The Board of Trustees' action shall
be based on the evidence presented, compliance with the adopted standards, regulations and policies and
other guidelines.
(13) The Planning Commission and the Board of Trustees shall consider the recommendations received
from the agencies named in this Section. The Planning Commission and the Board of Trustees are
authorized to disapprove a preliminary plan if such plan is deemed to not be in conformity with the
standards or intent of these regulations, this Chapter and the general principles set forth in the Town
Master Plan; or is deemed to create significant adverse impacts to the public served by the agencies
named in this Section; or if inadequate capacity exists and cannot be reasonably provided or anticipated in
facilities provided by the agencies named in this Section to serve the proposed development. The Planning
Commission and Board of Trustees should also consider the impact of any disapproval on special
improvement districts and metro districts.
(14) If denied by the Board of Trustees, the submittal of a new application and processing fee shall be
required in order to pursue the proposed subdivision. A resubmittal of the preliminary plan application for
the same or substantially same request, as determined by the Board of Trustees, shall not be accepted
within one (1) year of such denial.
Public Notice
Notification procedures have been completed as required in Chapter 16, Article IV of the Elizabeth
Municipal Code, as follows:
• Notice was published in Ranchland News on December 27, 2018.
• Property Owners adjacent to the subject property were notified by mail on December 31, 2018.
• Notice was posted on the property on January 3, 2019.
Staff has not received any comments in favor of or against the proposed sketch and preliminary plans.
TOWN OF ELIZABETH
PLANNING COMMISSION RECOMMENDATION

The Planning Commission currently does not have mandatory membership as a result of vacancies. The
Board of Trustees Ordinance may assume and exercise the powers of the Planning Commission per
Ordinance 17-01.
The proposal is in compliance with the Town’s Land Use and Development Code. The proposal includes
the necessary infrastructure to serve the development and will add to the Town’s capital.
Staff recommends approval of Resolution 19R10, a Resolution approving the sketch and preliminary plans
for certain property within the Town of Elizabeth known as the Ritoro Property, Filing Nos. 2 and 3.
ATTACHMENT(S)
Supplemental memos
Resolution 19R10
Referral agency comments
Applicant response
TO: Grace Erickson, Community Development Director, Town of Elizabeth
FROM: Mike Pesicka, Senior Planner, SAFEbuilt Studio
SUBJECT: Letter of Support for Ritoro Filings 2 & 3 Sketch Plan and Preliminary Plat
SAFEbuilt Studio staff reviewed the Ritoro Filings 2 & 3 Sketch Plan and Preliminary Plat applications that are
proposed east of and adjacent to the Ritoro Filing 1 Subdivision. The applications were reviewed against
Chapter 16 Article II of the Municipal Code, Town Master Plan, and Ritoro PUD Guide.
The proposed subdivision consists of 206 single family detached residential lots, and 11 tracts for open space,
parks, drainage, and utilities on 63.489 acres. The detached single-family development is appropriate for the
area and is surrounded by existing residential development on three sides and undeveloped property to the
north. The development is in character and compatible with the neighborhood and develops a vacant
property within Town limits and the Urban Growth Boundary.
The applicant has received approval of a PUD Guide amendment to reduce the required minimum lot size from
5,250 square feet to 5,000 (50’ x 100’) square feet. There are 10 lots in Ritoro Filings 2 & 3 that are impacted
by the PUD Guide amendment. They are Lots 13-16 and 19-24 Block 8. All the lots in question still meet the
minimum 50-foot lot-width required by the Ritoro PUD Guide.
The Sketch Plan and Preliminary Plat provide for adequate open space and buffering as required by the Ritoro
PUD Guide. A regional multi-use trail is included along the Gold Creek corridor that will extend and connect to
future developments.
The development will not place an undue burden on town infrastructure or residents. The use is appropriate
for the site and the applicant has addressed all planning and zoning concerns raised by Safebuilt staff during
the review process. We recommend approval of the applications.
Tel. 720.749.1090 Fax. 303.265.9103

RESOLUTION 19R10
A RESOLUTION APPROVING THE SKETCH AND

PRELIMINARY PLANS FOR CERTAIN PROPERTY WITHIN THE
TOWN OF ELIZABETH KNOWN AS THE RITORO PROPERTY,
FILING NOS. 2 AND 3
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE

TOWN OF ELIZABETH, COLORADO AS FOLLOWS:
Section 1. Findings of Fact.
A. The property owner of the property is more particularly described in Exhibit A,

attached hereto and incorporated herein by this reference (the "Property"), desires
to obtain sketch and preliminary plan approval.
B. Public notice has been given of the consideration of such sketch and preliminary
plan as required by the Elizabeth Municipal Code.
.
Section 2. The Sketch and Preliminary Plans described and depicted on Exhibits B
and C are hereby approved by the Board of Trustees for the Property pursuant to Sections 16-3-40
and 16-3-50 of the Town of Elizabeth Municipal Code.
PASSED, APPROVED, and ADOPTED this ____ day of ______________, 2019, by the
Board of Trustees of the Town of Elizabeth, Colorado, on first and final reading, by a vote of
_______ for and _______ against.
______________________________
ATTEST
___________________________________
Nichelle M. Oeser, Town Clerk
EXHIBIT A
PARCEL 1
TRACT D, RITORO FILING NO. 1,
COUNTY OF ELBERT,
STATE OF COLORAO.
PARCEL 2
A PARCEL OF PROPERTY LOCATED IN THE SOUTH HALF OF SECTION 13, TOWNSHIP 8
SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN AND ALSO A PORTION LIES
WITHIN LOTS 1 AND 2, JJS ESTATES, ELBERT COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SECTION 13 AND
CONSIDERING THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 13 TO BEAR SOUTH
00°40’34” EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 00°40’34” EAST ALONG SAID EAST LINE A DISTANCE OF 280.00 FEET;
THENCE NORTH 89°18’54” WEST, A DISTANCE OF 656.63 FEET;
THENCE NORTH 00°40’34” WEST, A DISTANCE OF 280.00 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTH HALF OF SAID SECTION 13;
THENCE SOUTH 89°18’54” EAST, ALONG SAID NORTH LINE A DISTANCE OF 656.63 FEET TO
THE POINT OF BEGINNING, EXCEPT LOTS 1 AND 2 OF JJS ESTATES.
COUNTY OF ELBERT,
STATE OF COLORADO.
PARCEL 3
LOT 1, JJS ESTATES
COUNTY OF ELBERT,
STATE OF COLORADO.
EXHIBIT B
RITORO FILING 2&3
Date
Appr.
SKETCH PLAN
Init.
A REPLAT OF TRACT D RITORO, FILING NO.1 LOCATED IN THE SOUTH HALF OF SECTION 13, TOWNSHIP 8
Date
SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ELBERT, STATE OF COLORADO
TOTAL ACREAGE - 63.489, NO. OF LOTS - 206
Revisions
No.
10333 E. Dry Creek Rd.
Englewood, CO 80112
Suite 240
Tel: (720) 482-9526

Fax: (720) 482-9546
K
EE
CR
RITORO
FILING 2
LD
GO
EXISTING
RITORO
FILING 1
7108 SOUTH ALTON WAY

ENGLEWOOD, CO. 80112
RITORO, LLC
(303) 507-6651
5.0%MAX
MIN
2.0% MAX
3:1
2.0%
2.0% 2.0%
2.0% MIN
2.0%
2.0% MIN
6.0% MAX
2.0%
2.0% MIN
6.0% MAX
SKETCH PLAN COVER SHEET

VICINITY MAP
1" = 2000'
FILING 2
RITORO
2000 1000 0 2000 4000
SCALE: 1" = 2000'

N:\PROJECTS\RITTORO\CAD\ENGINEERING\EXHIBITS\SKETCH PLAN.DWG, SCOTTLO, 12/14/2018 11:56 AM
8130308901
FILE NO:
SCALE:
DECEMBER 2018
LLC
JJJ
CHECKED BY:
PREPARED UNDER THE
DRAWN BY:
SUPERVISION OF
DATE:
SHEET NUMBER
1
R
JAMES J. JANNICKE
COLORADO P.E. 35693
EXHIBIT B
RITORO FILING 2
Date
Appr.
SKETCH PLAN
Init.
Date
TOWN OF ELIZABETH
SS
DESTINY VENTURES 11 LLC
(ELIZABETH ST)
SS
R116788
SS
EXISTING
SS
R118548 60' R.O.W.
ABRAHAM SUBDIVISION
R118753
NEW MEXICO CONSTRUCTION CONCEPTS LLC
S. ELIZABETH ST.
SS
ZONED: MF R109424
R118982 ELLIOTT STEVEN R
ELIZABETH 86 INVESTMENTS LLC EXISTING POWER LINE ELLIOTT LINDA K
R118754
CR
ZONED: AG
HOMEWARD BOUND LLC
PUD PROPOSED
Revisions
GOODWIN SHERRY
SS
ZONED: EA-1 EXISTING WATER LINE
13
PL
FIELD VERIFY LOCATION
6
30' EXISTING UE EXISTING POWER LINE
EXISTING 61' R.O.W. 80' EXISTING
FILING EASEMENT TO BE RELOCATED EXISTING
R109423
STORM DRAIN R113059 60' R.O.W. 44' FL-FL ACCESS EASEMENT
SS
BOUNDARY FILING BOUNDARY 60' R.O.W.
No.
ELIZABETH 86 WATER LLC 36' FL-FL R477987 D D
CR 136
E
TRACT D CR 136
TRACT
100 YEAR FLOOD ZONE
Englewood, CO 80112
Suite 240
Tel: (720) 482-9526

Fax: (720) 482-9546
AI
EXISTING
TRACT F TRACT C TRACT J EXISTING
TR
STORM DRAIN STREET A
EX-W
EX-W
SS EXISTING RITORO DETENTION 60' R.O.W.
H
T
8''W
FILING 1 SUBDIVISION POND
IN
GOLD CREEK
I
ET
ZONED: SFR 60' R.O.W.
PO
G
CENTERLINE 36' FL-FL
EET
36' FL-FL
8''W
36' FL-FL R109452 EXISTING GRAVEL ROAD
E
EET
SS
SS
36' FL-FL
STREET F
H
60' R.O.W. ROGERS ROBERT E
STR
36' FL-FL
ST.
IG
70' HABITAT EASEMENT
STR
8''W
A
ZONED: AG
STREET E
10' UE, TYP
H
SS
SS
EX-W
T
STR
EX-W
EE
RIDGE
60' R.O.W.
5' UE, TYP
(CR 16)
5' UE, TYP
R
60' R.O.W. 60' R.O.W. 60' R.O.W. R109453 R108924
36' FL-FL
ST
10' UE, TYP
DIESS MICHAEL A
SS
JURGENS JEFFERY TAYLOR
12''W
36' FL-FL
60' R.O.W.
TRUJILLO BERTHA E
SS
STREET E
SS
ZONED: AG
8''W
STREET E
PINE
60' R.O.W.
L
AI
FILING
EX-W
TRACT B
EX-W
SS 36' FL-FL
TR
36' FL-FL BOUNDARY
EXISTING RITORO
T
60' R.O.W.
X X
EXISTING FENCE
IN
FILING 1 SUBDIVISION
ST
12''W
PO
12''W 12''W 12''W 12''W 12''W 12''W
SS 12''W 12''W 12''W
R
H12''W
SS 12''W 12''W 12''W 12''W
PROPOSED 10' GRAVEL ACCESS ROAD PROPOSED
EE
SS
IG RETAINING 23' EMERGENCY ACCESS ROAD
R112878
T
FILING BOUNDARY
H
SS
A
WALLS CHARLES M SCOTT R109437 EXISTING POWER LINE

60' R.O.W. ZONED: AG
ST
''W
R112877 R112881 ARNOLD SHANNON L R109437
30' EXISTING PROPOSED 12
60' R.O.W.
36' FL-FL BRUCE AND DEBORA R109438 ZONED: AG
R
EX-W
EX-W
UTILITY & DRAINAGE WELL SITE GOLD CREEK HUDNALL DANIEL C
EE
100 YEAR FLOOD ZONE BROTHIS TRUST HOMEOWNERS COY REVOCABLE 30' EXISTING UE AND SANDRA K
EASEMENT EASEMENT 36' FL-FL
ZONED: AG
T
36' FL-FL ASSOC. TRUST ZONED: AG

TRACT G 60' R.O.W.
D
60' R.O.W. ZONED: AG R109436

LANG THOMAS R
STREET C
60' R.O.W. R112879
12''W
30' UE REDMON ROBERT J AND CAROL K
ZONED: AG
REDMON KIM R
36' FL-FL
OVERALL PLAN
SS
30' EXISTING TRACT I

8''W

UTILITY & DRAINAGE
RITORO, LLC
EASEMENT PROPOSED
(303) 507-6651
BOX CULVERT TRACT H
100 YEAR FLOOD ZONE R112880

LANE SCOTT D
LANE LAURI K 10' UE, TYP
R117976 ZONED: AG
GOLD CREEK PROPOSED
CENTERLINE MCCALL MARC R
RETAINING WALL FILING BOUNDARY 200 100 0 200 400
LORI M
ZONED: AG
FILING BOUNDARY
SCALE: 1" = 200'
5' UE, TYP
OVERALL SKETCH PLAN

5' UE, TYP
FILING 2
RITORO
N:\PROJECTS\RITTORO\CAD\ENGINEERING\EXHIBITS\SKETCH PLAN.DWG, SCOTTLO, 12/14/2018 11:56 AM
10' UE, TYP
8130308901
FILE NO:
SCALE:
DECEMBER 2018
36' FL-FL
LLC
JJJ
CHECKED BY:
60' R.O.W.
DRAWN BY:
DATE:
SHEET NUMBER
20 10 0 20 50
2
SCALE: 1" = 20'
TYPICAL LOT LAYOUT
EXHIBIT B
EXHIBIT B
POINT OF BEGINNING
CR 136
PARCEL 3
LOT 1, JJS ESTATES
TRACT GC
PARCEL 2
LOT 2, JJS ESTATES
R.O.W. CR 13
(PARCEL 1)
TRACT D
RITORO - FILING NO. 1
K
EE
R
C
LOT 3, JJS ESTATES

LD
O
G
R.O.W. CR 13
10333 E. Dry Creek Rd., Suite 240
Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
EXHIBIT B
POINT OF BEGINNING
TRACT E
10 9 4
11 8 7 6 5
TRACT F
3
∆
SNOWBERRY ∆
∆ AVENUE ∆
∆
∆
TRACT GC
∆
34
32 33
30 31
29
1
1
28
27
K
EE
30
'
CR
60
'R
LD
30
2
26
.O
'
GO
.W
Y
.
R
R
BE 25 3
E
U
3
EN
O 4
N 5
AV
S 6 ∆
MATCH LINE SHEET 5

7
24
8 ∆
4
TRACT G
9
23
10
5
∆
22 ∆
11 T TRAIL
H IGH POIN
6 ∆
21
∆
12 38
∆
20
13
7 39
43 42 41 40
19
14
37
∆
15
∆
18
TRACT A
30 60'
16
'
H
R
.
30
O
O
.W
'
TRACT A
.
SE
TA
17
IL
LO
'
O
30
P
.
.W
.O 1
SN A
'R
'
30
TRACT G
60
8
O VEN
1
W U
BE E
∆
R
R
Y
9
2
2
3
10
3
11
4 LINE SHEET 4
MATCH

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
EXHIBIT B
SN
O
W
BE
AV
R
MATCH LINE SHEET 3
E
R
N
Y
U
E
9
2 2
10
∆
3
11
7
4
HORSETAIL
IN
PL
EB
AC 4
LOOP
AC
E
KE
R
.W 0'
1
3
.
TRACT H 5
30 60'
.O
'
'R
'
30
60
30
R
.
' 5
O
.W
2
.
∆
TRACT GC
11
3
∆
4 6
∆
10
∆
IL
RA
9
7
T
OINT ∆
H P
HIG
'
30
19 8 5 6 7
.
.W
TRACT J
.O
∆
'R
'
30
60
20
∆
8
21 ∆
18 ∆
K
∆
EE
22
HORSETAIL
CR
∆
LOOP
LD
GO
17
16 9
TRACT I
15 14 13 12 11
10

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
EXHIBIT B
22.5'
∆
TRACT D
STREET
61' R.O.W.
TRACT E
1
5
38.5'
TRACT C ∆
1
∆
2
L
AI
TR
T
IN
PO
TRACT C
H
D
IG
3
∆
1
H
2 13
∆
30
'
∆ 60
'R 2
.O 30 15
.W '
. 3 1
∆ 12 10
E
E
LAN
LAN
6
3 11
EET
F
Y
LEA
RR
14
1 2
EBE
MATCH LINE SHEET 3
CH
4
SH
9
SNOWBERRY PLACE
11
PEA
OS
INE
4 10
GO
13
HL
12 3 30'
2 8
TC
5 60' 30'
30' R.O
10 5 .W. 9
MA
60' 30'
R.O
.W.
∆
6
11 7 4
∆ 60' R.O.W. 9 6 8
∆
30' 30'
10 9 8
∆
7
8 7 6 5 7
∆
30'
60' R.O.W.
38
30'
60' R.O.W.
AVENA
DRIVE
30'
30'
39
37
36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18
TRACT A
TRACT A

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
EXHIBIT B
CR 136
22.5'
13.75'
61' R.O.W.
CR 136
45.4'
83.9' R.O.W.
∆
38.5'
∆
∆
38.5'
TRACT B 1
PARCEL 3
∆
TRACT B
∆
∆
1
12
1
1
15
EE NE
T5
2
SHAF LA
PARCEL 2
11
2
ANE
INEHLE
YL
H LPEAC
ERR
3 14
10
ECH
3
AVENA DRIVE
TC
OK
3
MA
3 0'
CH
60'
R.O
. W. 9 4
30'
R.O.W. CR 13
13
60' 30 ' 4
R. O.W
.
8 5 12
5
∆
30' 30'
TRACT K
60' R.O.W.
10 9 8 7
7 6 11
6 5
30'
60' R.O.W.
∆
∆
30'
6
19 18 17 16 15 14 13 12 11 10 9 8 7
TRACT A
TRACT A
R.O.W. CR 13
Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
EXHIBIT B
CURVE TABLE CURVE TABLE CURVE TABLE

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
From: adrienne_truex@fws.gov on behalf of ColoradoES, FW6
To: Grace Erickson
Subject: Re: [EXTERNAL] RE: TRANSMITTAL: Land use #17-15-Sketch prelim Ritoro Subdivision Filing 2
Date: Friday, October 26, 2018 10:46:09 AM
Dear Ms. Erickson,
** Please note **
This project has not been entered into our system. Please send relevant project information
via email attachments or hard copies through the postal mail.
For this and all projects sent to the US Fish and Wildlife Service requesting environmental review:
Attach all relevant documents related to the project in an email to our mailbox at coloradoes@fws.gov or
send hard copies through the mail to our address at:
Colorado Ecological Services Field Office
P.O. Box 25486 - DFC
Lakewood, CO 80225
Provide a brief explanation of the project, the location, a map of the project area and any environmental
assessments that may have been done, emailed to our Ecological Services mailbox
at coloradoes@fws.gov
Dropbox sites are not appropriate for referencing the information we need associated with your project.
We do not have the resources to determine which are relevant for our review.
Due to limited resources, current staff levels and the large number of projects in the Colorado Field
Office, responses may be delayed.
Requester deadlines for FWS comments unfortunately cannot be honored. Absence of FWS reply
does not constitute a "no comment" FWS reply regarding a project.
Thank you for your understanding.
Respectfully,
Colorado Ecological Services Field Office
On Wed, Oct 17, 2018 at 11:17 AM Grace Erickson <gerickson@ci.elizabeth.co.us> wrote:
All,
Please find below the link to updated submittal materials for Ritoro Subdivision, Filing 2
sketch and preliminary plans. Please respond with any further comments by Friday,
November 2nd.
https://www.dropbox.com/sh/t73d53eutz0c0fd/AABEc7m8JEKm1LyKe84jBBg-a?dl=0
Thank you,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166
From: Grace Erickson

Sent: Friday, August 10, 2018 5:17 PM
Subject: RE: TRANSMITTAL: Land use #17-15-Sketch prelim Ritoro Subdivision Filing 2
All,
Please find below the link to updated submittal materials for Ritoro Subdivision Filing 2.
Narrative is attached for easy access. Applicant response to comments is included in the
link. The resubmittal includes substantial updates. Please respond with any comments by
Wednesday, September 5th. If an agency does not submit a response through that date, it
will be assumed that the agency has no comments.
https://www.dropbox.com/sh/y9ollle8l965i5x/AAB6VsncCjvObZGFOUD3PGWoa?dl=0
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

Sent: Tuesday, May 15, 2018 3:58 PM
Subject: TRANSMITTAL: Land use #17-15-Sketch prelim Ritoro Subdivision Filing 2
All,
Please find below the link to the proposed sketch and preliminary plans for the project
known as “Ritoro Subdivision Filing 2” located in the Town of Elizabeth. Narrative is
attached for quick access.
All agencies have through Sunday, June 10, 2018 to review the application materials and
submit comments. If an agency does not submit a response through that date, it will be
assumed that the agency has no comments.
https://www.dropbox.com/sh/svnylhdqrknczuo/AAABMFoKwYf7sr2bVfuIeWYva?dl=0
Thanks,
Grace K. Erickson

Town of Elizabeth
(303) 646-4166
From: DiBetitto - DNR, Stephanie
To: Grace Erickson
Subject: Re: TRANSMITTAL: Land use #17-15-Sketch prelim Ritoro Subdivision Filing 2
Date: Tuesday, August 14, 2018 3:20:13 PM
Hi Grace,
The only document I see that mentions the project being within a regulatory floodplain is
Preliminary Drainage report (page 1, Section I.B. Project Description and Proposed
Development). I do not see where the base flood elevations were calculated and documented.
Would you be willing to share the floodplain development permit for the project with me?
Thanks,
Stephanie
On Fri, Aug 10, 2018 at 5:16 PM, Grace Erickson <gerickson@ci.elizabeth.co.us> wrote:
All,
Please find below the link to updated submittal materials for Ritoro Subdivision Filing 2.
Narrative is attached for easy access. Applicant response to comments is included in the
link. The resubmittal includes substantial updates. Please respond with any comments by
Wednesday, September 5th. If an agency does not submit a response through that date, it
will be assumed that the agency has no comments.
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

All,
Please find below the link to the proposed sketch and preliminary plans for the project
known as “Ritoro Subdivision Filing 2” located in the Town of Elizabeth. Narrative is
attached for quick access.
All agencies have through Sunday, June 10, 2018 to review the application materials and
submit comments. If an agency does not submit a response through that date, it will be
assumed that the agency has no comments.
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166
--
Stephanie DiBetitto, CFM
Community Assistance Program Coordinator
O 303-866-3441 x3221 | C 303-656-0136 | F 303-866-4474

1313 Sherman Street, Suite 721, Denver, CO 80203
stephanie.dibetitto@state.co.us | www.cwcb.state.co.us |
www.coloradohazardmapping.com
P Please consider the environment before printing this email.

P.O. Box 441 Phone: 303-646-3800
155 W Kiowa Ave. Fax: 303-688-6994
Elizabeth, Colorado Email: kara@elizabethfire.com Fire Marshal Kara Gerczynski
80107 Website: https://www.elizabethfire.com
To: Grace Erickson September 6, 2018

Re: Ritoro Filing 2 and Preliminary Plat Sketch

2nd Submittal #17-15
Dear Grace,
I have performed a review of the above project and submit to you the following comments
regarding fire protection. I have referenced the 2012 International Fire Code as adopted by our
agencies and nationally recognized standards. Some comments need to be addressed by the
applicant. Please consider these comments as conditions of approval.
Access (902):
Access provisions shall be provided prior to and during the construction of any structure
within the project
- The new road design creates over 30 homes off of a dead-end road. Developments of one or
two family dwellings where the number of dwelling units exceeds 30 shall be provided with
two separate and approved fire apparatus access roads. Contact the fire department for
options to provide a second access for the dead-end homes.
- Developer has indicated that roadways will meet the minimum requirements of the Town of
Elizabeth construction guidelines.
- Address numerals for each lot shall be submitted to this office for approval.
- Approved street signs shall be installed prior to the construction of any building within the
subdivision.
- A map of the development with approved addresses for each lot shall be submitted to this
office prior to recordation of final plat.
- Developer shall design or provide an approved means for marking each residence before and
after construction. This marking shall meet the following criteria.
- 4” high numbers with a ½” stroke.
- Colors that contrast the background.
Water Supply (903):
Water supply and fire protection provisions shall be provided prior to and during construction
of any structure within the project.
- Developer shall provide a minimum fire flow of 1000 gallons per minute for a 60-minute
duration using a central water delivery system. This flow shall be provided in excess of the
maximum domestic water demand. The central delivery system shall be engineered to
provide such flow using listed equipment and methods approved by this office. The water
model is acceptable representation of the required fire flow. Final acceptance will be at
actual flow tests of the hydrants.
- The fire hydrant design is acceptable to this office.
Specific Provisions:
- The filing 2 plan review fees have been paid to this office.
- The applicant has signed a gift agreement with the fire district to provide $250.00/ single
family residence due at building permit issuance.
This review is for sketch and preliminary plat filing 2 only. It should not be construed as a grant
for non-compliance with any locally adopted code or standard. Additional reviews in future
stages of planning may dictate additional comments based on review. Please notify this office
with any questions or comments regarding this review.
Thank you for the referral,
Kara Gerczynski
Fire Marshal
Fire Marshal Kara Gerczynski

P.O. Box 441 Phone: 303-646-3800
155 W Kiowa Ave. Fax: 303-688-6994
Elizabeth, Colorado Email: kara@elizabethfire.com
80107 Website: https://www.elizabethfire.com
To: Grace Erickson June 8, 2018

Re: Ritoro Filing 2 and Preliminary Plat Sketch

#17-15
Dear Grace,
I have performed a review of the above project and submit to you the following comments
regarding fire protection. I have referenced the 2012 International Fire Code as adopted by our
agencies and nationally recognized standards. Please consider these comments as conditions of
approval.
Access (902):
Access provisions shall be provided prior to and during the construction of any structure
within the project
- Developer has indicated that roadways will meet the minimum requirements of the Town of
- Please verify that the minimum inner turn radius from center of the curve to the drive lane is
28 feet.
- Provide documentation that truck turning radius and site distances can be maintained while
cars are parked along the road intersections. I have included a schematic of our largest
vehicle.
- Address numerals for each lot shall be submitted to this office for approval.
Facebook: Elizabeth Fire Rescue www.elizabethfire.com Twitter: Elizabeth_Fire
Above and Beyond for our Community

- Approved street signs shall be installed prior to the construction of any building within the
subdivision.
- A map of the development with approved addresses for each lot shall be submitted to this
- Developer shall design or provide an approved means for marking each residence before and
- 4” high numbers with a ½” stroke.
- Colors that contrast the background.
Water Supply (903):
Water supply and fire protection provisions shall be provided prior to and during construction
of any structure within the project.
- Developer shall provide a minimum fire flow of 1000 gallons per minute for a 60-minute
duration using a central water delivery system. This flow shall be provided in excess of the
maximum domestic water demand. The central delivery system shall be engineered to
provide such flow using listed equipment and methods approved by this office.
- The hydrant spacing is acceptable to this office but would like to see small modifications to
the hydrant system to accommodate fire department operations. We will work with the
applicant to modify some of the hydrant locations before final plat.
- The filing 2 plan review fee due before recordation of Final Plat shall be as follows:
- $5625.00 Subdivision Plan Review and Inspection Fee
- $1282.00 water system and hydrant Plan Review and Inspection Fee
- The applicant has signed a gift agreement with the fire district to provide $250.00/ single
This review is for sketch and preliminary plat filing 2 only. It should not be construed as a grant
for non-compliance with any locally adopted code or standard. Additional reviews in future
stages of planning may dictate additional comments based on review. Please notify this office
with any questions or comments regarding this review.
Thank you for the referral,
Kara Gerczynski
Fire Marshal
From: Kara Gerczysnki
To: Grace Erickson
Date: Tuesday, October 30, 2018 2:28:59 PM
All comments have been addressed.
Thanks,
Kara
From: Grace Erickson <gerickson@ci.elizabeth.co.us>

Sent: Wednesday, October 17, 2018 11:17 AM
All,
Please find below the link to updated submittal materials for Ritoro Subdivision, Filing 2 sketch and
preliminary plans. Please respond with any further comments by Friday, November 2nd.
Thank you,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

All,
Please find below the link to updated submittal materials for Ritoro Subdivision Filing 2. Narrative is
attached for easy access. Applicant response to comments is included in the link. The resubmittal
includes substantial updates. Please respond with any comments by Wednesday, September 5th. If
an agency does not submit a response through that date, it will be assumed that the agency has no
comments.

Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

All,
Please find below the link to the proposed sketch and preliminary plans for the project known as
“Ritoro Subdivision Filing 2” located in the Town of Elizabeth. Narrative is attached for quick access.
All agencies have through Sunday, June 10, 2018 to review the application materials and submit
agency has no comments.
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166
To: Grace Erickson; Mike Pesicka
Subject: RE: Ritoro Preliminary Plat Submittal
Date: Thursday, December 6, 2018 7:11:21 AM
Good morning Ms. Erickson;
The applicant has addressed the Association’s comments and concerns.
Respectfully
Brooks Kaufman
5496 N. US Hwy 85
Sedalia, CO 80135
Direct : 720.733.5493
Cell : 303.912.0765
bkaufman@irea.coop
From: Grace Erickson [mailto:GErickson@townofelizabeth.org]

Sent: Wednesday, December 5, 2018 2:08 PM
To: Mike Pesicka; Brooks Kaufman
Subject: FW: Ritoro Preliminary Plat Submittal
Importance: High
CAUTION:
This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
All,
Please see attached. Please let me know if your comments have been addressed.
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166
gerickson@townofelizabeth.org
From: Scott Lockhart <SLockhart@cvlinc.net>
Sent: Monday, December 3, 2018 12:51 PM
To: Grace Erickson <GErickson@townofelizabeth.org>
Cc: Jim Marshall <jimmarshall@bcxdevelopment.com>; Sarah Kolz <SKolz@cvlinc.net>
Subject: Ritoro Preliminary Plat Submittal
Grace,
Attached is the Preliminary Plat, and comment response. I will be in Elizabeth this afternoon around
3pm if you need a hard copy of the Plat, just email or call me and I will deliver one to you.
Thank you,
Scott C. Lockhart
Project Manager
direct: 720.249.3583 main: 720.482.9526
cell: 303.906.7609 fax: 720.482.9546
.............................................................................................
CVL Consultants of Colorado, Inc.
10333 E. Dry Creek Road, Suite 240
Englewood, Colorado 80112
To: Grace Erickson
Date: Friday, November 2, 2018 7:00:45 AM
Dear Ms. Erickson;
The Association reviewed the Ritoro Filing 2 Sketch and Preliminary Plat; the applicant has
provided the required utility easements.
Prior to final approval the applicant will need to address the proposed retaining walls within
Lots 10 and 11, Block 12 that are not permitted within the ten-foot (10’) utility easement. In
addition Tract K, Lot 5, and Lot 6, Block 6 will need to be addressed with a proposed
retaining wall within the ten-foot (10’) utility easement and five-foot (5’) utility easement.
Existing trees along Pine Ridge Street that are under the existing overhead electric facilities
will be removed at a future date as they become conflict with the power lines.
The applicant will be required to relocate/raise the existing overhead electric facilities for the
two access points on Pine Ridge Street, to maintain 18.5 feet clearance over access points and
any improvements under the existing overhead electric facilities along CR136.
Respectfully
Brooks Kaufman
5496 N. US Hwy 85
Sedalia, CO 80135
Direct : 720.733.5493
Cell : 303.912.0765
bkaufman@irea.coop

Sent: Wednesday, October 17, 2018 11:17 AM
CAUTION:
This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
All,
Please find below the link to updated submittal materials for Ritoro Subdivision, Filing 2 sketch and
preliminary plans. Please respond with any further comments by Friday, November 2nd.
Thank you,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

All,
comments.
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

All,
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166
RITORO FILING 2
Date
Appr.
SKETCH PLAN
Init.
Date
Revisions
No.
Englewood, CO 80112
Suite 240
Fax: (720) 482-9546

Tel: (720) 482-9526
K
EE
CR
RITORO
FILING 2
LD
GO
EXISTING
RITORO
FILING 1

RITORO, LLC
(303) 507-6651
MIN 5.0%MAX
2.0% MAX
3:1
2.0%
2.0% 2.0% 2.0% MIN

6.0% MAX
2.0%
2.0% MIN
6.0% MAX
2.0%
2.0% MIN
6.0% MAX
SKETCH PLAN COVER SHEET

VICINITY MAP
1" = 2000'
FILING 2
RITORO
2000 1000 0 2000 4000
SCALE: 1" = 2000'

N:\PROJECTS\RITTORO\CAD\ENGINEERING\EXHIBITS\SKETCH PLAN.DWG, RYANR, 8/7/2018 5:56 PM
8130308901
FILE NO:
SCALE:
AUGUST 2018
LLC
JJJ
CHECKED BY:
PREPARED UNDER THE
DRAWN BY:
SUPERVISION OF
DATE:
SHEET NUMBER
1
R
JAMES J. JANNICKE
COLORADO P.E. 35693
RITORO FILING 2
Date
Appr.
SKETCH PLAN
Init.
Date
TOWN OF ELIZABETH
SS
DESTINY VENTURES 11 LLC
(ELIZABETH ST)
SS
R116788
SS
EXISTING
SS
R118548 60' R.O.W.
ABRAHAM SUBDIVISION
R118753
NEW MEXICO CONSTRUCTION CONCEPTS LLC
S. ELIZABETH ST.
SS
ZONED: MF R109424
R118982 ELLIOTT STEVEN R
ELIZABETH 86 INVESTMENTS LLC EXISTING POWER LINE ELLIOTT LINDA K
R118754
CR
ZONED: AG
HOMEWARD BOUND LLC
PUD PROPOSED
Revisions
GOODWIN SHERRY
SS
ZONED: EA-1 EXISTING WATER LINE
13
PL
FIELD VERIFY LOCATION
6
30' EXISTING UE EXISTING POWER LINE
EXISTING 61' R.O.W. 80' EXISTING
FILING EASEMENT TO BE RELOCATED EXISTING
R109423
STORM DRAIN R113059 60' R.O.W. 44' FL-FL ACCESS EASEMENT
SS
BOUNDARY FILING BOUNDARY 60' R.O.W.
No.
ELIZABETH 86 WATER LLC 36' FL-FL R477987 D D
CR 136
E
TRACT D CR 136
TRACT
100 YEAR FLOOD ZONE
Englewood, CO 80112
Suite 240
Tel: (720) 482-9526

Fax: (720) 482-9546
AI
EXISTING RETAINING WALL
TRACT F TRACT C TRACT J EXISTING
TR
STORM DRAIN STREET A
EX-W
EX-W
SS EXISTING RITORO ENCROACHMENT
DETENTION 60' R.O.W.
H
T
8''W
FILING 1 SUBDIVISION POND
NOT PERMITTED
IN
GOLD CREEK
I
EET
ZONED: SFR 60' R.O.W.
PO
G
CENTERLINE WITHIN 10' UE 36' FL-FL
EET
36' FL-FL
8''W
36' FL-FL R109452 EXISTING GRAVEL ROAD
EET
SS
SS
36' FL-FL
STREET F
H
60' R.O.W. ROGERS ROBERT E
STR
36' FL-FL
ST.
IG
70' HABITAT EASEMENT
STR
8''W
A
ZONED: AG
STREET E
10' UE, TYP
H
SS
SS
EX-W
T
STR
EX-W
EE
RIDGE
60' R.O.W.
5' UE, TYP
(CR 16)
5' UE, TYP
R
60' R.O.W. 60' R.O.W. 60' R.O.W. R109453 R108924
36' FL-FL
ST
10' UE, TYP
DIESS MICHAEL A
SS
JURGENS JEFFERY TAYLOR
12''W
36' FL-FL
60' R.O.W.
TRUJILLO BERTHA E
SS
STREET E
SS
ZONED: AG
8''W
STREET E
PINE
60' R.O.W.
L
AI
FILING
EX-W
TRACT B
EX-W
SS 36' FL-FL
TR
36' FL-FL BOUNDARY
EXISTING RITORO
T
60' R.O.W.
X X
EXISTING FENCE
IN
FILING 1 SUBDIVISION
ST
12''W
PO
12''W 12''W 12''W 12''W 12''W 12''W
SS 12''W 12''W 12''W
R
'W
SS 12''W 12''W 12''W 12''W
PROPOSED 10' GRAVEL ACCESS ROAD
'
12
PROPOSED
EE
H
SS
IG RETAINING 23' EMERGENCY ACCESS ROAD
R112878
T
FILING BOUNDARY
H
SS
A
WALLS CHARLES M SCOTT R109437 EXISTING POWER LINE

60' R.O.W. ZONED: AG
ST
''W
R112877 R112881 ARNOLD SHANNON L R109437
30' EXISTING PROPOSED 12
60' R.O.W.
36' FL-FL BRUCE AND DEBORA R109438 ZONED: AG
R
RETAINING WALL
EX-W
EX-W
UTILITY & DRAINAGE WELL SITE GOLD CREEK HUDNALL DANIEL C
EE
100 YEAR FLOOD ZONE ENCROACHMENT BROTHIS TRUST HOMEOWNERS COY REVOCABLE 30' EXISTING UE AND SANDRA K
EASEMENT EASEMENT 36' FL-FL
ZONED: AG
T
36' FL-FL ASSOC. TRUST ZONED: AG

TRACT G 60' R.O.W. NOT PERMITTED
D
60' R.O.W. ZONED: AG R109436

WITHIN 5' UE LANG THOMAS R
STREET C
60' R.O.W. R112879
12''W
30' UE REDMON ROBERT J AND CAROL K
ZONED: AG
REDMON KIM R
36' FL-FL
OVERALL PLAN
SS
30' EXISTING TRACT I

8''W

UTILITY & DRAINAGE
RITORO, LLC
EASEMENT PROPOSED
(303) 507-6651
BOX CULVERT TRACT H
100 YEAR FLOOD ZONE R112880

LANE SCOTT D
LANE LAURI K 10' UE, TYP
R117976 ZONED: AG
GOLD CREEK PROPOSED
CENTERLINE MCCALL MARC R
RETAINING WALL FILING BOUNDARY 200 100 0 200 400
LORI M
ZONED: AG
FILING BOUNDARY
SCALE: 1" = 200'
RETAINING WALL ENCROACHMENT
NOT PERMITTED WITHIN 10' UE
5' UE, TYP
OVERALL SKETCH PLAN

5' UE, TYP
FILING 2
RITORO
N:\PROJECTS\RITTORO\CAD\ENGINEERING\EXHIBITS\SKETCH PLAN.DWG, SCOTTLO, 8/8/2018 1:44 PM
10' UE, TYP
8130308901
FILE NO:
SCALE:
AUGUST 2018
36' FL-FL
LLC
JJJ
CHECKED BY:
60' R.O.W.
DRAWN BY:
DATE:
SHEET NUMBER
20 10 0 20 50
2
SCALE: 1" = 20'
TYPICAL LOT LAYOUT
”
TOWN OF
ELIZABETH
LAND DESIGNATION AREA (ACRES +/-) PRIMARY USE SECONDARY USES OWNER MAINTENANCE

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
POINT OF BEGINNING
CR 136
PARCEL 3
LOT 1, JJS ESTATES
TRACT GC
PARCEL 2
LOT 2, JJS ESTATES
R.O.W. CR 13
(PARCEL 1)
TRACT D
RITORO - FILING NO. 1
K
EE
R
C
LOT 3, JJS ESTATES

LD
O
G
R.O.W. CR 13
Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
POINT OF BEGINNING
TRACT E
10 9 4
11 8 7 6 5
TRACT F
3
∆
STREET ∆
∆
∆
∆
∆
TRACT GC
∆
34
32 33
30 31
29
1
1
28
27
K
EE
30
CR
'
60
2
'R
.O 26
LD
30
.W ' 2
GO
25 3
3
5 4
ALTERNATIVE CHANGE
6 TO 15' UE VS ∆
MATCH LINE SHEET 5

7
REAR LOT UE CONFLICT WITH
24
8 RETAINING WALL ∆
4
TRACT G
T 9
EE
R
ST
23
10
5
∆
22 ∆
TRAIL
11
HIGH POINT
6 ∆
RETAINING WALL
21
∆
12 NOT PERMITTED
38
WITHIN 10'UE
∆
20
7 13
39
40
19
14
43 42 41
44
45
37
∆
15
∆
18
30 60'
16
' R
.
30
O
TRACT A
.W
'
TRACT A
.
ST
R
EE
17
T
EE
T
R
ST
'
30
1
.
.W
ALTERNATIVE CHANGE TO 15' UE .O
'R
'
30
TRACT G
60
8
ST
VS REAR LOT UE CONFLICT WITH

1
R
RETAINING WALL
EE
∆
T
9
2
2
RETAINING WALL
NOT PERMITTED
3
WITHIN 10'UE
10
3
11
4 LINE SHEET 4
MATCH

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
ST
MATCH LINE SHEET 3
R
EE
T
9
2 2
10
∆
3
11
7
4
15' UE
6
ST
4
R
EE
T
'
30
1
.
.W
TRACT G 5
30 60'
.O
'
R
'
30
'
60
R
.
5
30
O
CHANGE TO 10' UE VS REAR
.W
2
'
.
LOT 10' UE
∆
STREET
TRACT GC
11
3
∆
4 6
∆
10
∆
IL
RA
9
7
TT
POIN ∆
IGH
'
30
H 19 8 5 6 7
.
.W
ALTERNATIVE
TRACT I
.O
∆
'R
CHANGE TO 15'
'
30
60
UE VS REAR LOT
UE CONFLICT
20
WITH RETAINING
∆
WALL 8
21 ∆
∆
K
∆
18
EE
22
STREET
CR
∆
LD
GO
15' UE
17
9
TRACT H 16 15 14 13 12 11
10
RETAINING WALL
NOT PERMITTED
WITHIN 10'UE

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
∆
TRACT D
TRACT E
1
5 TRACT C ∆
1
∆
2
L
AI
TR
T
IN
PO
TRACT C
H
D
IG
3
∆
1
H
2 13
∆ 15' UE
30
'
∆ 60
'R 2
.O 3 15
.W 0'
. 3 1
∆ 12 10
6
3 11
ET
14
HE
1 2
MATCH LINE SHEET 3
4 9
ES
11
4 10
LIN
13
H
12 3
2 8
TC
5
10 5 9
MA
∆
6
11 7 4
∆ 60' R.O.W. 9 6 8
∆
30' 30'
10 9 8
∆
7
8 7 6 5 7
∆
30'
60' R.O.W.
38
30'
39
37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18
TRACT A
TRACT A

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
CR 136
∆ 15' UE
∆
∆
TRACT B 1
EXTEND 10' UE
PARCEL 3
∆
TO 15' UE
∆ TRACT B
∆
1
12
1
15' UE
15
1
T5
2 EXTEND 10' UE
PARCEL 2
11 TO 15' UE
EE
2
SH
INE
3 2
10 14
HL
3
TC
MA
9 4
3
R.O.W. CR 13
13
4
8 5 12 4
5
∆
10 9 8 7
7 6 11
6 5
∆
6
19 18 17 16 15 14 13 12 11 10 9 8 7
TRACT A
TRACT A
R.O.W. CR 13
Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
CURVE TABLE CURVE TABLE CURVE TABLE

Englewood, CO 80112
Tel: (720) 482-9526 / Fax: (720) 482-9546
From: Hagerman, Al - Elizabeth, CO
To: Grace Erickson
Cc: Hagerman, Al - Elizabeth, CO
Date: Monday, August 13, 2018 10:54:52 AM
Attachments: handout for builders New version.doc
Grace,
Please make sure the building contractor has this information for installation of the mailboxes. The
local USPS needs to be contacted in regards to the placement of the mailboxes and consideration of
addressing issues
Al Hagerman
Postmaster
795 E Kiowa Ave
Elizabeth Co 80107
303-646-3805

Subject: [EXTERNAL] RE: TRANSMITTAL: Land use #17-15-Sketch prelim Ritoro Subdivision Filing 2
All,
comments.
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166

All,
Thanks,
Grace K. Erickson
Town of Elizabeth
(303) 646-4166
Colorado/Wyoming District
BUILDER
AND
DEVELOPER
INFORMATION PACKAGE
ON POSTAL REGULATIONS
FOR NEW DEVELOPMENTS
USPS
Introduction
As thousands of homes are built in Colorado and Wyoming each year, one of the major
impacts on the US Postal Service includes the cost of providing delivery to new addresses.
The US Postal Service, like other businesses, is constantly reviewing procedures to operate
in a more efficient manner.
The Postal Operations Manual (POM) 632.11 states that appropriate mail receptacles must
be provided for the receipt of mail. The type of mail receptacle depends on the mode of
delivery in place. Purchase, installation, and maintenance of mail receptacles are the
responsibility of the customer. Appropriate locations for installation will be approved by
the USPS and should be verified with local government officials.
Customers and builders are realizing the many advantages to using Developer/Builder
purchased centralized delivery equipment.
 Centralized delivery equipment is neat, uniform and can be placed in a

framework design to blend in and maintain the aesthetics of the community.
 Centralized delivery equipment has individually locking compartments and
parcel lockers that provide security and privacy of the mail.
 Centralized delivery equipment is sturdy and durable.
The USPS would like to work with you during the early phases of the planning and design
activities. We appreciate your cooperation in the effort to help us provide efficient delivery
service to our residential and business customers.
BUILDER AND DEVELOPER INFORMATION PACKAGE FROM
THE U.S. POSTAL SERVICE....
Policies:
Developers and builders of new residential or commercial projects

must contact the local USPS delivery office at least 6-12 months
prior to the expected occupancy to discuss the delivery options
and type of mail receptacles to be purchased and installed for
USPS carrier delivery service.
The USPS does not provide mail receptacle equipment, how-

ever, only mail receptacles that are USPS APPROVED may be
used. A list of USPS--approved manufacturers is available
from your local post office representative.
Mail receptacles must be installed that will allow access for de-
livery service six (6) days per week and be in compliance with
the American Disability Act (ADA accessible).
Procedures:
Meet and discuss delivery options with your local post office
representative. Complete a Mode of Delivery Agreement.
The Mode of Delivery Agreement Form will identify the

type and quantity of mail receptacle equipment that is required for
your project. You will be provided an approved copy of the agreement
along with your map designating the exact location or installation
point for each mail receptacle.
(The map must be provided by the builder/developer/property owner.)

Residential Applications
Centralized Mail Delivery Increased Security:

provides delivery and Centralized Mail Delivery installations
collection services to a provide a greater degree of protection
number of residences against mail theft and mailbox vandalism
from a centrally located than unlocked mailboxes.
installation.
Additional Postal Services:
Benefits to developers, Centralized Mail Delivery installations can
builders, and owners who provide additional services for residents,
use Centralized Mail parcel delivery equipment, and letter
Delivery installations, collection boxes. USPS regulations
such as the ones require a 1:10 parcel locker to customer
depicted, include: compartment ratio.
Other Advantages:
Customer compartments in Centralized
Mail Delivery equipment are large enough
to accommodate several days’
accumulation of mail, thereby eliminating
the need to have mail held at the post
office during short periods away from
home. Centralized Mail Delivery
installations can also reduce risks to letter
carriers from common hazards such as
unleashed dogs and poorly maintained
sidewalks.
If you have questions regarding what equipment is USPS approved and what is not,
please contact your USPS Growth Coordinator @ 303-853-6994
Commercial Applications
Potential for earlier delivery time.
All tenants receive mail at the same time.
Saves trips to the Post Office.
Eliminates missed mail delivery in

cases when the office is closed or
temporarily unmanned.
Security and privacy for incoming and outgoing mail.
Office routines are not interrupted by mail delivery.
Boxes may be ordered in various colors, check with your

local USPS approved manufacturer or representative.
**STD-4C Pedestal Mounts are NOT USPS approved**

U.S. Postal Service STD-4C Specification Highlights
Effective October 5, 2006, all new designs approved for NEW CONSTRUCTION AND MAJOR RENOVATION
require U.S. Postal Service STD-4C compliant mailbox systems. The new USPS 4C Standard includes the
following specifications:
� A new compartment form factor minimum size requirement of 12″w × 15″d × 3″h.
� Eliminates the vertical form factor (5″w × 6″d × 15″h) design.
� Introduces a parcel locker requirement based on a 1:10 parcel locker to customer compartment ratio.
� Strengthens security requirements for the entire receptacle.
� Standardizes and improves tenant compartment lock design.
� Adds testing requirements to verify acceptability for either indoor or outdoor use.
� Introduces quality management systems provisions.
� Enhances design flexibility for concept, ergonomics, and materials.
� Meets Americans with Disabilities Act (ADA) standards.
4C mailboxes must meet or exceed the USPS specifications outlined above and in the *Federal Register/Vol.
69, No. 171/September 3, 2004/Rules and Regulations POSTAL SERVICE, 39 CFR Part 111, Standards
Governing the Design of Wall-Mounted Centralized Mail Receptacles.
IMPORTANT NOTE TO ARCHITECTS, SPECIFIERS, DESIGN LAYOUT PROFESSIONALS AND
INSTALLERS -- Installation/Layout Instructions Specified in USPS Standard 4C – pages 53821-53832* of the
above referenced USPS 4C Standard “Notes” sections specify:
All 4C Units shall be designed such that they are in compliance with the following installation
requirements:
1. At least one customer compartment shall be positioned

less than 48 inches from the finished floor.
2. No parcel locker compartment (interior bottom shelf)

shall be positioned less than 15 inches from the finished floor.
3. No patron (tenant) lock shall be located more than

67 inches above the finished floor.
4. No customer compartment (interior bottom shelf)

shall be positioned less than 28 inches from the finished floor.
5. The USPS Arrow lock shall be located between

36 and 48 inches above the finished floor.
ADA Compliance -- the USPS 4C Standard includes a requirement to meet Americans with Disabilities Act**
(ADA) standards. (See pg. 53809*) The Americans with Disabilities Act section that covers clear space and reach
dimensions is noted below for reference:
ADA Standards for Accessible Design, ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES
Appendix A to Part 36 – Standard for Accessible Design Section 4.2 Space Allowance and Reach Ranges
http://www.usdoj.gov/crt/ada/reg3a.html#Anchor-Appendix-52467
**STD-4C Pedestal Mounts are NOT USPS approved**

CONCRETE PAD SPECIFICATIONS
The following documents are the USPS APPROVED SPECIFICATIONS for
pouring concrete pads.
-CEMENT SPECIFICATIONS FOR SINGLE UNIT CONCRETE PAD
-CEMENT SPECIFICATIONS FOR MULTIPLE UNIT CONCRETE PAD
CBU’s must be installed approximately one (1) week prior to customer
occupancy.
CBU’s must not be installed until the local USPS representative has conducted
an on-site visit to ensure compliance with the official specifications. Contact the
local USPS representative to have the pads inspected prior to pouring the
cement.
CBU’s must be installed facing the correct direction! CBU’s installed on cement
pads poured behind the sidewalk should face the sidewalk. CBU’s installed on
cement pads located in landscape strips between the curb and sidewalk should
face the sidewalk. Do not install CBU’s facing the curb or street, resulting in the
carrier and the customer standing in the street to deliver or retrieve mail.
Notify your local USPS representative when the CBU has been installed so
that they may install the arrow lock and secure the unit immediately after
installation.
Your local USPS will assign the addresses to the compartments. Bring all CBU
compartment keys to your local USPS representative (if the USPS is
responsible for issuing the keys).
Any deviations from the USPS designated location of the CBU must have prior
approval from the local USPS representative.
Date:
DEVELOPMENT
This notice will serve as a Letter of Agreement between the Owner/Developer and
the United States Postal Service for the placement of Cluster Box Units
(CBUs) at the following locations:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
USPS Representative: Signature
Builder/Developer Representative: Signature
Title:
August 8, 2018
Ms. Grace K. Erickson

Town of Elizabeth
PO Box 159
151 S. Banner Street
Elizabeth, CO 80107
RE: Ritoro Filing 2, Comment Response
Dear Ms. Erickson:
CVL Consultants of Colorado, Inc. has considered the comments from Town of Elizabeth, Elizabeth Fire
Protection District, Elbert County Health, State of Colorado, IREA, Stolfus & Associates, Inc. SafeBuilt
Studio, Mott Macdonald and Black Hills Energy for the referenced project. We have restated the
comments below and addressed them per the italicized responses.
TOWN OF ELIZABETH, Mike DeVol – mdevol@cielizabeth.co.us / 303-419-5631

Comment: Public Works (PW) has reviewed materials submitted for Ritoro Filing 2. Public Works
concurs with CORE Engineering and Mott MacDonald Engineering comments and concerns. Public
Works has no further comments at this time.
Response: Thank you.
ELIZABETH FIRE PROTECTION DISTRICT, Kara Gerczynski, Fire Marshal -

kara@elizabethfire.com / 303-646-3800
Access (902)
Access provisions shall be provided prior to and during the construction of any structure within the
project
Comment: - Developer has indicated that roadways will meet the minimum requirements of the Town of
Response: Acknowledged.
Comment: - Please verify that the minimum inner turn radius from center of the curve to the drive lane is
28 feet.
Response: A diagram of the 28’ curve radius has been included.
Comment: - Provide documentation that truck turning radius and site distances can be maintained while
cars are parked along the road intersections. I have included a schematic of our largest vehicle.
Response: An AutoTurn package has been included with this submittal demonstrating a fire truck can
make all the required movements. A double axle pumper truck was modelled which is larger than the
current Elizabeth fire trucks.
10333 East Dry Creek Road, Suite 240 | Englewood, Colorado 80112 | 720.482.9526 | www.cvlinc.net
Comment: - Address numerals for each lot shall be submitted to this office for approval.
Response: An address plat will be coordinated with the Town as construction drawings progress.
Comment: - Approved street signs shall be installed prior to the construction of any building within the
subdivision.
Response: An updated traffic study to be submitted separately, signals will be placed per the report
recommendations.
Comment: - A map of the development with approved addresses for each lot shall be submitted to this
Comment: - Developer shall design or provide an approved means for marking each residence before and
- 4” high numbers with a ½’ stroke
- Colors that contrast the background
Water Supply (903)

Water supply and fire protection provisions shall be provided prior to and during construction of any
structure within the project
Comment: - Developer shall provide a minimum fire flow of 1000 gallons per minute for a 60-minute
duration using a central water delivery system. This flow shall be provided in excess of the maximum
domestic water demand. The central delivery system shall be engineered to provide such flow using
listed equipment and methods approved by this office.
Response: A water model is included with this submittal showing no hydrants drop below 72 PSI
during Max Day + Fire Flow situation.
Comment: - The hydrant spacing is acceptable to this office but would like to see small modifications to
the hydrant system to accommodate fire department operations. We will work with the applicant to
modify some of the hydrant locations before final plat.
Response: Hydrants have been modified per fire department comments. Some hydrants are not placed
exactly where requested, and have been moved to the nearest Lot Line.
Comment: - The filing 2 plan review fee due before recordation of Final Plat shall be as follows:
- $5625.00 Subdivision Plan Review and Inspection Fee
- $1282.00 water system and hydrant Plan Review and Inspection Fee
Comment: The applicant has signed a gift agreement with the fire district to provide $250.00/single
Comment: This review is for sketch and preliminary plat filing 2 only. It should not be construed as a
grant for non-compliance with any locally adopted code or standard. Additional reviews in future stages
of planning may dictate additional comments based on review. Please notify this office with any
questions or comments regarding this review.
2
ELBERT COUNTY HEALTH, Stacey Rinehart, Evironmental Health Specialist
stacey.rinehart@elbertcounty-co.gov / 303-621-3193
Comment: We encourage connectivity with other existing and future adjacent developments for walking,
biking and horseback riding.
Response: Acknowledged, a trail plan is currently being developed within the town, once finalized
connections shall be made.
STATE OF COLORADO, Stephanie DiBetitto, DNR – stephanie.dibetitto@state.co.us

Comment: I’m sorry I didn’t make the deadline. For areas being developed within Zone A that are
greater than 5 acres or 50 lots, base flood elevations need to be determined (44 CFR 60.3(b)(3)). This
will require an engineer to do a floodplain analysis and base flood elevations generated should be used to
guide development and ensure compliance.
Response: Stantec has performed a new floodplain study which is included with this submittal.
IREA, Brooks Kaufman, Lands and Rights of Way Director – bkaufman@irea.coop / 720-733-5493
Comment: The Association will require minor changes to the 5” side lot utility easements to avoid
possible conflicts with electric facilities and foundations. (See attached mark-up)
Response: Easements have been modified per request.
STOLFUS & ASSOCIATES, Jenna Frye, PE & Matt Brown, PE, PTOE
Traffic Impact Study
In August of 2017, Town staff reviewed and approved the scope of work for the Ritoro “Build-Out”
(including both Ritoro Filing #1 and Filing #2 traffic study. Generally, the study is in accordance with
the agreed upon scope of work. The study has prompted the following comments / observations:
1. Comment: The study assumes access to Pine Ridge, Elizabeth Street, and Legacy Circle.
However, this is not reflected in the submitted drawings. The traffic study needs to consider
how the interim access phase will function until such time as all accesses can be completed. The
traffic study should be resubmitted with this information included.
Response: An updated traffic study will be submitted separately.
2. Comment: The study assumes that much of the surrounding developable area will be entitled,
developed, sold, and occupied by 2023. This includes Elizabeth 86, the South 40, and additional
development of Wilde Point. As result, most of the area traffic impacts identified in the study
are associated with background traffic conditions. However, as evidenced by Figure 10a,
completion of Ritoro triggers the need for a traffic signal at the intersection of CO 86 & Pinto
Trail without additional area development.
3. Comment: The intersection of CO 86 and Legacy Circle meets warrants by 2023 based upon
westbound left-turning volume.
4. Comment: Traffic signals at both CO 86 locations have been anticipated for some time and is
consistent with past corridor planning. Historic access permits for the two CO 86 intersections
require that the permittee (Elbert & Hwy 86, LLC) “shall pay for the cost of signalization when
signal warrants are met and signal installation has been approved by the Colorado Department of
Transportation”.
3
Signalization of the CO 86 & Pinto Trail intersection is necessary to accommodate traffic generated by
the Ritoro development. Prior to final approval, the following is required:
• Comment: A traffic signal warrant study shall be prepared by the Applicant for distribution to the
Town, DCOT, Elbert County, and Elbert & Hwy 86, LLC.
• Comment: The previous obligation of Elbert & Hwy 86, LLC having now been triggered, Elbert
& Hwy 86, LLC in cooperation with the other interested parties and the Town shall create an
implementation schedule (funding, design, construction, and ongoing maintenance and operation
of the traffic signal).
Construction Drawings
General Comments
1. Comment: There are elements of the proposed roadway and drainage that are outside of the
filing boundary. Documentation should be provide to verify that agreements are in place with
adjacent property owners to construct the elements shown in the filing documents.
Response: Temporary construction and grading easements are currently being pursued.
Roadway Design
1. Comment: The site plan is missing some curve information at intersection corners and along
the internal roadways. Please provide all curve information.
Response: Line and Curve Data tabled have been added to the street design sheets.
2. Comment: Intersection corners at High Point Trail (minor collector) and the local streets do
not meet the minimum requirements. All radii shall be 35’ minimum at corners intersecting
with a collector roadway per the Town of Elizabeth Roadway Design and Technical
Standards.
Response: Flowline radii has been modified to 35’.
3. Comment: The design speed of Local Type III roads per the Town of Elizabeth Standards is
30mph. Minimum roadway horizontal curve at the centerline shall be 300’. Many of the
curves along the local roads do not meet the minimum. Refer to Table 5.1 of the TOE
Roadway Design and Technical Standards.
Response: A centerline Radii variance will be requested since the areas of non-conformance are
located in the residential neighborhoods. Street design meets all fire access requirements.
4. Comment: 90-degree angles along a roadway centerline are discouraged and should be
avoided. Refer to Table 5.1 of the TOE Roadway Design and Technical Standards.
Response: The three 90 degree bends in the local streets best fir the site parameters and lot
configuration. These areas meet fire access requirements, an autoturn exhibit has been provided.
5. Comment: Vertical curve information is missing on sheet 41 for High Point Trail. This must
be provided, and shall meet the minimum requirements for a minor collector per the Roadway
Design Standards.
Response: Vertical curve data is located on the street/storm design sheets and removed on the sanitary
plans. Due to existing tie-in constraints, and the box culvert crossing, a variance will be requested for
the minor collector slope requirement.
4
6. Comment: On sheets 42,57 and 68, vertical information is provided for High Point Trail, but
does not meet the minimum requirements per the Roadway Design Standards. Refer to Table
6.1 for minimum K values. The minimum longitudinal grade shall be 2% on High Point
Trail.
Response: Due to existing tie-in constraints, and the box culvert crossing, a variance will be requested
for the minor collector slope requirement.
7. Comment: The K value on sheet 46 for Street D must be a minimum of 25.

Response: K Factor has been updated to requested value.
8. Comment: Vertical curve information is missing on sheet 55 and 60.

Response: Vertical curve data is displayed on street design sheets and has been removed on sanitary
sheets for clarity.
Curb Ramps
1. Comment: Apex (corner) curb ramps shall not be used for new construction per the Public
Right-of-Way Accessibility Guidelines (PROWAG). Use directional curb ramps at all
intersection corners.
Response: Proposed curb ramps are to match Ritoro Filing 1 per the Town of Elizabeth.
2. Comment: The applicant is referring to Douglas County curb ramp standards. Since Town of
Elizabeth and Elbert County do not have curb ramp standards, it is suggested that the
applicant refer to the Colorado Department of Transportation (CDOT) curb ramp standards.
Response: Proposed curb ramps are to match Ritoro Filing 1 per the Town of Elizabeth.
SAFEBUILT STUDIO, Mike Pesicka, Senior Planner

General Comments:
1. Comment: A notarized letter of authorization was not included with the application.
Response: The letter of Authorization was submitted during a Pre-Ap meeting. We will contact TOE to
confirm.
2. Comment: Sketch Plan and Plat and Preliminary Plan and Plat are used interchangeably on several
documents. Please use Sketch Plan and Preliminary Plan.
Response: Acknowledged, there is Sketch Plan, and Final Plat.
3. Comment: Is this project Ritoro Filing No. 2, or Filing 1 Amendment No. 1? Both are used.
Response: The project name is Ritoro Filing No. 2.
4. Comment: From the Title Commitment, please provide the following exceptions: 9, 10, 18, 21, 22,
and 23.
Response: Requested exceptions have been proved. Exception #9 has no recorded document associated
with it.
5. Comment: What is the timing of the installation of the Arapahoe Well and enlargement of the Gold
Creek lift station? If these are critical to the development, then they may be conditions of approval.
Response: The well and lift station improvements are required for this development, and will be
installed during utility construction. A schedule for this installation has not yet been disclosed.
Sketch Plan:
5
1. Comment: The Sketch Plan boundary needs to be a solid dark line easily distinguished from other
properties.
Response: The Sketch Plan boundary has been modified.
2. Comment: Include the Sketch/Preliminary title on sheet 2.

Response: The Sketch Plan title is located in the border on the right side of the drawing, there is not
enough room on the sheet for the large font title as seen on Sheet 1.
3. Comment: How tall are the proposed retaining walls shown on the plan?
Response: A retaining wall cross sections sheet has been provide in the CD’s to show retaining wall
height.
4. Comment: Provide the zoning and land uses of all adjacent properties.
Response: Zoning and Land Use for most of the adjacent properties are Agricultural private residences.
The designations have been added to the map.
Preliminary Plan:
1. Comment: The boundary of the proposed subdivision shall be depicted in a heavy solid line. As
shown the boundary is not clearly distinguished from other lines on the plan.
Response: Boundary has been modified to a thick line, and called out for clarification.
2. Comment: Please show the zoning and land use or all adjacent properties.
Curb, sidewalk, and gutter should be extended down both sides of Street L length to its intersection
with Pine Ridge Court.
Response: The north sidewalk of CR 136 (Street L) will not be constructed with Ritoro F2, this walk will
be constructed as the property to the north develops. The sidewalk on the south side of CR 136 shall be
constructed to connect with Pine, and Elizabeth street to the east.
3. Please review Chapters 3, 4, 6 and 8: of the Town’s Design Standards & Guidelines.
a. Comment: Chapter 3 contains standards and guidelines related to significant trees and tree
stands. The site contains a few large trees. Will these be incorporated into the design of the
site? In addition, Section 16-2-50.(2).l of the Municipal Code states that to the greatest extent
possible, existing trees shall be saved or preserved in place during development of a property
unless it can be demonstrated that site restrictions necessitate their removal.
Response: A demo-plan has been prepared for the east CR 136 connection point to Elizabeth Street. No
trees located within the proposed grading shall be preserved.
4. Comment: Per Section 16-8-20 Outdoor Lighting, a Lighting Plan is required. A photometric
lighting plan is required to be submitted with all commercial land development review
applications and all residential subdivision applications; the site plan shall indicate all locations
on the exterior of the building and within the site where light fixtures will be located.
Response: A lighting plan shall be submitted once site plan stabilizes.
5. Comment: Note 7 on the Preliminary Plan requires five-foot side yard easements for interior lots.
The required side yard setback per the PUD is five feet. Will the five feet be enough to allow for
the permitted encroachments (chimneys, bay windows, etc.) to meet building and fire codes. This
note should be included on future site plans and in the Development Guide.
Response: Side yard easements, and setbacks have been coordinated with IREA, and the anticipated lot
product.
6
6. Comment: The second line of Note 10 shows Tract CG. Should it be Tract G. Also, Tract GC is
used on the Preliminary Plat. Please correct as necessary.
Response: A Final Plat has been provided.
7. Comment: Lots 5, 6, 7 Block 11 have odd lot size transitions (7,886 sq. ft to 15,091 sq. ft).
Please try to incorporate similar lot sizes or a transitioning of small to large.
Response: A new layout and Final Plat have been provided.
8. Comment: There are no parks shown within the subdivision. There should be some active parks
and pocket parks within the development other than along Gold Creek.
Response: Pocket Park requirements for Ritoro F1-F3 were met entirely in Filing No. 1.
9. Comment: What is the timing of the full construction of Street L?

Response: All of CR 136 (Street L) shall be constructed
10. Comment: Provide the width of the Pine Ridge Court ROW.
Response: ROW dimensions have been added to existing roadways.
11. Comment: Lots 13-16 and 19-24 Block 10 do not meet the minimum lot size of 5,250 square feet.
Response: A new lot configuration has been provided.
12. Comment: Were there discussions with the subdivision to the south regarding road connections,
specifically Meadow Lane.
Response: There are no anticipated roadway connections to the south, these large lot private residences
have no interest in connection.
13. Comment: The open provided by this filing is 5.387 acres or 8.92%. The minimum required by
the Code 20%.
Response: New open space numbers are provided, Ritoro F1 includes parks and open space for the
entire Ritoro development.
14. Comment: The proposed trails along Gold Creek are not shown on the plan.
Response: The Town of Elizabeth is currently developing a “Trail Project”. Once the linework is
available it will be shown on the plans.
Landscape Plan:
15. Comment: Along all public and private streets and along buffer strips adjacent to or within a
residential zone district, deciduous and coniferous trees shall be planted at forty-foot intervals
within ten (10) feet of the pavement or curb line, except along State Highway 86 where the
property line shall be used.
In all landscaping areas, one (1) tree and five (5) shrubs shall be planted for each one thousand
five hundred (1,500) square feet of lot area not covered by a building or required parking. The
plan does not show street trees along all the streets in the subdivision.
Response: Trees provided along streets are shown at minimum of forty-foot intervals per landscape
standards, however no portion of this project borders Highway 86. The requirement for 1 tree & 5
shrubs per 1,500 square feet appears to be a requirement for a commercial development rather than
the residential development we are proposing. We have no buildings, required parking areas or any
commercial development proposed in the landscape areas of Filing 2, therefore we have not provided
landscape revisions per this comment. Lastly, street trees have only been provided where the ROW
is adjacent to open space tracts. Streets with residential lot frontage shall have street trees installed by
7
builder and will be unassociated with these plans. Notes pertaining to this can be found on sheet L0.1
in the ‘Residential Street Tree & Landscape Notes’ section.
16. Comment: The proposed landscaping needs to include an irrigation system per Section 16-2-
50(a)(1)(f).
Response: Irrigation plans have not been provided as part of this submittal but will be included in the
final construction package.
17. Landscaping requirements.

a. Comment: All portions of a property which are not occupied by structures or water bodies or
surfaced by streets, roads, driveways, sidewalks, parking areas, other vehicle use areas, trails
or paths shall be required to be landscaped in accordance with this Section. A minimum of
fifteen percent (15%) of a site's total area shall be required for landscaping. Xeriscaping may
be used for these areas.
Response: All portions of property that are required to be landscaped have been landscaped. As
well, landscaped areas meet or exceed 15% minimum and has been detailed on sheet L0.1 in the
‘Landscape Area Tabulations’ table.
b. Comment: At least seventy-five percent (75%) of the area required to be landscaped shall
have a ground cover of living plant materials, including but not limited to grass and other
recognized ground-covering plant materials.
Response: Acknowledged, this requirement has been satisfied with native seed and street trees.
c. Comment: The remaining twenty-five percent (25%) of the area required to be landscaped
may be covered with bark, wood chips, wood shavings, rock, stones or other materials approved
during the site plan processes. Please provide on the plans.
Along Street L, there is an area of non-irrigated native seed. Perhaps this area should be rock
mulch, and the area between the sidewalk and the lots should be more heavily landscaped with a
mix of living and non-living plant material. It will be difficult to grass seed to grow next to the
street.
Response: Acknowledged, other portions of landscape area are covered with cobbled mulch. As for
Street L (which is now Street I), landscape design has remained in order to maintain similar character
to that shown on Filing 1.
18. Comment: Will any landscaping be installed in the 30-foot utility easement along the south side?
Or is it limited by the easement.
Response: No landscaping will be installed above the waterline, this area will remain native.
MOTT MACDONALD, Robert J. Anderson, PE, Project Manager – 303-831-4700

1.) Comment: As indicated in the submittal, the Town’s commitment to serve this development is
predicated on the development of a new Arapahoe Well and improvements to the Gold Creek Lift
Station.
2.) Comment: The dedicated Track G well site shall be reviewed by the Town Water Resources
Engineer, HRS Inc.
3.) Comment: Review the proposed connection scheme for the 12-inch raw water and 12-inch
potable water at Pine Ridge Rd with the Town to ensure concurrence.
8
4.) Comment: At MH-2 the sewer is almost 30 feet deep. There are also other select areas where the
sewer is over 20 feet deep. In these areas special bedding or materials may be required for the
sewer main. Coordinate with the Town concerning any special requirements.
Response: Acknowledged, pipe bedding will be installed per deep pipe criteria.
5.) There shall be no intermediate high points for the water mains. All high points shall be forced to
occur at FHAs.
6.) Comment: The homes along Street I are at the top of the pressure zone boundary. With approval
from the Town, use of an oversized water service line may be considered to reduce dynamic
pressure losses.
Response: The eastern portion of the development have been modified, and a water model included.
7.) Comment: Where are the water taps for the proposed landscaping? What size and how many are
proposed?
Response: Landscaping/Irrigation is ongoing and will be determined at a later date.
BLACK HILLS ENERGY, Ron Zuroff – ron.zuroff@blackhillscorp.com

Comment: No comment from Black Hills Energy.
Response: Thank you.
Thank you for providing these review comments. If you have any questions regarding our application,
please do not hesitate to contact me at 720-249-3557.
Regards,
Sarah J. Kolz, LEED

Engineering Services Manager
9
November 29, 2018
Ms. Grace Erickson

Town of Elizabeth
P.O. Box 159
Elizabeth, CO 80107
RE: TRANSMITTAL: Land Use #17-15-Sketch Prelim Ritoro Subdivision Filing 2
Dear Ms. Erickson:
CVL Consultants of Colorado, Inc. has considered comments from IREA and SafeBuilt Studio for the
referenced project. We have restated the comments below and addressed them per the italicized
responses.
IREA -Brooks Kaufman, Lands and Rights of Way Director, bkaufman@irea.coop
Comment: Prior to final approval the applicant will need to address the proposed retaining walls
within Lots 10 and 11, Block 12 that are not permitted within the ten-foot (10’) utility
easement.
Response: Retaining walls have been relocated a minimum of 5’ outside the utility easement
to allow for wall geogrid tie-back if needed.
Comment: In addition, Tract K, Lot 5, and Lot 6, Block 6 will need to be addressed with a
proposed retaining wall within the ten-foot (10’) utility easement and five-foot (5’) utility
easement.
Response: Retaining walls have been relocated a minimum of 5’ outside the utility easement
to allow for wall geogrid tie-back if needed.
Comment: Existing trees along Pine Ridge Street that are under the existing overhead electric
facilities will be removed at a future date as they become conflict with the power lines.
Response: A note has been added to the Overall Utility sheet stating the trees will be removed
if they become in conflict with construction.
Comment: The applicant will be required to relocate/raise the existing overhead electric
facilities for the two access points on Pine Ridge Street, to maintain 18.5 feet clearance over
access points and any improvements under the existing overhead electric facilities along
CR136.
Response: Notes have been added to the Overall Utility sheet stating the minimum height
requirements must be met prior to final town acceptance.
10333 East Dry Creek Road, Suite 240 | Englewood, Colorado 80112 | 720.482.9526 | www.cvlinc.net
SAFEBUILT STUDIOS, Mike Pesicka, Senior Planner
General Comments:
Preliminary Plat:
1. Comment: There are no parks shown within the subdivision. There should be some
active parks and pocket parks within the development other than along Gold Creek.
11/2/18 Comment not addressed.
Response: Tracts A, G, and I, are Parks as labelled on the Land Use Summary table on the
cover sheet.
2. Comment: Lots 19 thru 24 and Lots 13 thru 16 on Block 10 do not meet the minimum
lot size of 5,250 square feet. Please revise. 11/2/18 Comment not addressed. These
lots are still under the 5,000 square foot minimum required by the Ritoro PUD
Guide.
Response: The lots circled in the redlined sheet are all labelled 5,000 sq-ft or larger and
measure exactly 100’X50’ or larger.
3. Comment: Sheet 5 – On Block 6 there are two 20-foot strips of land north of Tract A
between Lots 34-35 and 23-24 respectively. Are these for utilities, trail connections?
Are they part of Tract A? As shown they appear as separate tracts or easements.
11/2/18 comment not addressed.
Response: Labels have been added to clearly identify these strips as part of Tract A.
If you have any additional questions, please do not hesitate to contact me directly at 720.249.3539.
Sincerely,
Sarah J. Kolz, LEED

2
NEW BUSINESS
PUBLIC HEARING
Pine Ridge Crossing site plan
Sent as a separate PDF due to the

file size
NEW BUSINESS
PUBLIC HEARING
TOWN OF ELIZABETH

SUBJECT: Ordinance 19-08
SUMMARY
The dedication of Brooke Street per the Pine Ridge Crossing site plan will necessitate the address known as
“879 South Elizabeth Street” to change to “643 Brooke Street” due to the property’s access from Brooke Street.
Sec. 16-3-30(h)(3)
(h) Plat corrections. Due to errors or omissions, changes may be made to recorded plats according to the
following procedure:
(1) An ordinance shall be prepared which identifies the error or omission, the specific plat to be corrected,
the reception number of the plat and the necessary corrective action, and said action must be approved by the
Town Attorney.
(2) The ordinance shall be presented to the Board of Trustees at a public meeting ready for recordation.
The ordinance shall be recorded, upon obtaining the signature of the Mayor.
(3) When the request is for a road name change, the following shall apply:
a. Where no addresses have been assigned, the request shall be heard at a public meeting before
the Board of Trustees and an ordinance shall be adopted officially changing the name of the street.
When addresses have been assigned, the applicant shall notify all affected individuals by certified mail
and the request shall be heard at a public hearing before the Board of Trustees. The Board of Trustees
shall adopt an ordinance officially changing the name of the street.
b. A road name shall not duplicate any existing road name in the County.
Public notice
A certified letter was mailed to the property owner of 879 South Elizabeth Street on January 2, 2019. No
comments have been received to date.
Staff finds the address change is necessary for emergency service purposes. Staff has coordinated accordingly
with Elizabeth Fire, Elbert County GIS Department, and U.S.P.S. regarding the addressing. Staff recommends
approval of Ordinance 19-08, an Ordinance changing the address of property currently known as 879 South
Elizabeth Street to 643 Brooke Street.
ATTACHMENT(S)
Ordinance 19-08
Location map
ORDINANCE 19-08
AN ORDINANCE CHANGING THE ADDRESS OF THE PROPERTY

CURRENTLY KNOWN AS 879 SOUTH ELIZABETH STREET TO 643
BROOKE STREET

Section 1. The Board of Trustees hereby finds and determines pursuant to Section
16-3-30(h)(3) of the Elizabeth Municipal Code to change the address of the property currently
known as 879 South Elizabeth Street to 643 Brooke Street.
Section 2. Severability. If any section, paragraph clause, or provision of this

enforceability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance, the intent being that the same are severable.
the health, safety and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The
Board of Trustees further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
______________________________
ATTEST
___________________________
12/19/18
Q:\USERS\LIZ\ORD\FORM-2004.DOC
Elizabeth Street 
NEW BUSINESS
TOWN OF ELIZABETH

SUBJECT: Resolution 19R12
SUMMARY
The land use fee schedule was last updated in 2018 after completion of a fee study. Staff is proposing an
additional item on the schedule regarding site plan administrative amendments with no referral. Specifically,
this would apply to a zoning change in use within an existing commercial, multi-tenant property. Administrative
site plan amendments currently only include one category for site plan amendment and does not differentiate
between the level of site plan amendments. The proposed $20 fee would apply to site plan amendments with
no referral and would not include a deposit. Any amendment significant enough to require a referral review
would continue to involve a $300 fee and $1000 deposit.
Staff recommends approval of Resolution 19R12, a Resolution adopting a revised schedule for land use
development fees.
ATTACHMENT(S)
Resolution 19R12
RESOLUTION 19R12
A RESOLUTION ADOPTING A REVISED SCHEDULE FOR LAND USE

DEVELOPMENT FEES
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE

TOWN OF ELIZABETH, COLORADO AS FOLLOWS:
Section 1. Pursuant to Article 10 of Chapter 16 of the Town of Elizabeth Municipal

Code, the Board of Trustees hereby adopts the Land Use Fee and Deposit Schedule, attached hereto
as Exhibit A, and incorporated herein by this reference.
PASSED, APPROVED, and ADOPTED this ____ day of __________________, 2019, by

the Board of Trustees of the Town of Elizabeth, Colorado, on first and final reading, by a vote of
_______ for and _______ against.
______________________________
ATTEST
___________________________________
TOWN OF ELIZABETH
LAND USE FEE AND DEPOSIT SCHEDULE
FEE DEPOSIT
ANNEXATION PETITION $500 $4,000
FINAL PLAT $500 $3,000
MINOR SUBDIVISION $300 $1,000
PLANNED UNIT $500 + $30/ ADDITIONAL ACRE $3,000
DEVELOPMENT – UP TO 5 OR PORTION OF ACRE
ACRES
PLANNED UNIT $1,000 + $30/ ADDITIONAL $4,500
DEVELOPMENT – OVER 5 ACRE OR PROTION OF ACRE
ACRES
PRELIMINARY PLAN $1,000 $5,000
REPLAT, VACATION, OR PLAT $300 $500
AMENDMENT
REZONING – TRADITIONAL $400 + $30/ ADDITIONAL ACRE $1,500
ZONES OR PORTION OF ACRE
SIGN PERMIT $75 $0
SITE PLAN – UP TO 2 ACRES $400 $3,000
SITE PLAN – OVER 2 ACRES $500 + $50/ ADDITIONAL ACRE $4,500
OR PORTION OF ACRE
SITE PLAN AMENDMENT – $300 $2,000
FULL PROCESS
SITE PLAN AMENDMENT – NO $20 N/A
REFERRAL
SKETCH PLAN $250 $3,000
TEMPORARY STRUCTURE AND $20
USES PERMIT
USE BY SPECIAL REVIEW $500 $2,000
VARIANCE REQUEST $300 $1,000
TOWN OF ELIZABETH
MICHELLE M. OESER, TOWN CLERK

FROM: Michelle M. Oeser, Town Clerk
SUBJECT: Ordinance 19-09 Amending the Elizabeth Municipal Code Concerning
Delinquent Water and Sewer Accounts
SUMMARY
Staff had spoken with the Board several months ago about reestablishing the use of property
liens on delinquent water and sewer accounts.
At that time the Board directed staff to move forward and lien properties that were significantly
delinquent.
Staff contacted Town Attorney Corey Hoffmann to verify that the Notice of Lien was up to
current legal requirements.
While this was being researched it was identified that the current penalties and interest fees no
longer met State statutes.
Staff worked with Mr. Hoffmann to correct the Town’s Municipal Code and bring it up to date.
Simultaneously, staff worked with Mr. Hoffmann to include a budget billing option in the water
bills; payment and penalty portion of code.
Staff recognized that the current code contained some unnecessary wording with reference to
renters, as well as updating terms.
Ordinance 19-09 as presented to the Board reflects changes to interest fees, delinquent fees,
the option for budget billing and penalty cost for recorded liens.
Interest fees, delinquent fees and penalty cost are set to follow state statue. Budget billing is
included as an option that the Board can determine to keep or if they choose to remove from
Ordinance 19-09.
Staff found an old agreement that allowed water customers to make payments on delinquent
accounts. Staff updated the agreement and had Mr. Hoffmann review before implementing. The
agreement is intended for customers that are in a one-time life event circumstance. Staff has set
parameters for a payment plan to be reviewed for possible acceptance.
STAFF RECOMMENDATIONS
Staff recommends approving Ordinance 19-09, an Ordinance amending Sections 13-2-110,
13-3-120 and 13-3-150 and deleting Section 13-3-160 of the Elizabeth Municipal Code
concerning delinquent water and sewer accounts.
Utility Billing Clerk Harmony Malakowski is present to speak with the Board more in depth on
the updates, changes and budget billing.
Town of Elizabeth

FROM: Harmony Malakowski, Utility Billing Clerk
SUBJECT: Change of water bill timelines and assessing of fees
Continuing the process I began back in October regarding the collection of outstanding monies due,
Michelle Oeser asked that Corey Hoffmann, our Town Attorney, take a look at our lien process and paperwork.
In doing so, he discovered that we needed to change our timeline and fee schedule to better comply with State
statute. I’ve attached a calendar showing what we are doing currently (blue) versus the proposed changes (red)
and how that would look over the period of a few months.
The biggest changes we would see include allowing 45 days to pass instead of the 30 before red tags are
issued and instead of a flat fee charged for red tags, it would be 5% of the past due amount. Since late fees for
water and sewer are calculated at the same time, we would need to change the wording regarding our sewer
charges as well. If the proposed changes are accepted, Michelle and I will work with Caselle to get our billing
fees corrected and implemented as soon as possible.
We have also been discussing equal pay or budget billing options as requested by our customers. Other
than online bill pay, this is the second most requested service that customers would like to see. Caselle has
budget billing available as part of the Utility Billing suite already. We would just need to start using that part of
the program. As we are in the process of changing our code to better meet State statutes, we thought this would
be a good time to approach budget billing and discuss providing that service to those who would desire it. Town
Attorney Corey Hoffmann indicated that if we provide this service, it would need to be included as part of our
code.
While researching and proposing changes to our water billing process, I came across some old water and
sewer payment agreements. It looks like these agreements were made with customers who may have had some
major water leaks or life event that created a water bill that they were unable to pay in full on time to prevent
shut-off. These agreements allow us to break up the outstanding amount due into smaller payments that will be
added to their normal water bill going forward and paid off over time. Examples of life events that would be
acceptable would include water leaks over $15,000 gallons verified by Public Works, proof of medical or
hospitalization of self or family member resulting in temporary or permanent loss of employment, death in the
family, or other extreme extenuating circumstances as approved by the Town Clerk and/or Town Administrator.
These agreements would not be used for customers who are habitually late. If at any time the customer does not
meet their agreement parameters, the agreement will be canceled, and all outstanding money will be due
immediately. I’ve included a copy of what an agreement would like as approved by the Town Attorney.
I am excited to discuss these changes with the Board of Trustees and answer any questions you may
have. I feel these changes will help provide a crucial customer service need while still maintaining our standards
for payments of utilities.
Thank you,
Harmony Malakowski
Utility Billing/Accounting Clerk
January 2018 Blue = current Red = new
Sun Mon Tue Wed Thu Fri Sat Notes:

1 2 3 4 5 6 Jan 15: Meters Read
Jan 15: Meters Read
7 8 9 10 11 12 13
14 15 16 17 18 19 20
**
21 22 23 24 25 26 27
28 29 30 31
February 2018
1 2 3 Feb 1: Billings Sent
** Feb 1: Billings Sent
4 5 6 7 8 9 10 Feb 15: Billings Due
Feb 15: Billings Due
11 12 13 14 15 16 17 Feb 21: Late Fees 5% applied, late notices sent
** Feb 21: Late Fees 5% applied, late notices sent
18 19 20 21 22 23 24
**
25 26 27 28
March 2018
1 2 3 Mar 1: Final Due date before Red Tags
* ** Mar 2: Red Tag issued, delinquency fees applied
4 5 6 7 8 9 10 Mar 2: Last day to request hearing
* * Mar 5: Shut off, $25 turn off and turn on fees
11 12 13 14 15 16 17 applied
Mar 8: Last day to request hearing
18 19 20 21 22 23 24 Mar 22: Final Due date before Red Tags
* * 1% interest charged
25 26 27 28 29 30 31 Mar 23: Red Tags issued and 5% delinquency
* fees applied
Mar 26: Shut off, $25 turn off and turn on fees
applied
Apr 15: Start lien process – 60 days past due
Calendar Template © calendarlabs.com

January 15 – Meters read
February 1 – Billings sent
February 15 – Billings due
February 21 – Late Fees 5% applied and late notices sent indicating water may be shut off if not paid
within 30 days and 1% interest applied per month to account. They also have 15 days to request a
hearing.
March 8 – Final day to request hearing
March 22 – Final due date before issuance of Red Tags – 1% interest applied
March 23 – Red Tags issued and 5% delinquency fees applied.
March 26 – Shut off and turn on fees of $25 each applied.
April 15 – Start lien process, 60 days past due.

ORDINANCE 19-09
AN ORDINANCE AMENDING SECTIONS 13-2-110, 13-2-120 AND 13-3-150 AND

DELETING SECTION 13-3-160 OF THE ELIZABETH MUNICIPAL CODE
CONCERNING DELINQUENT WATER AND SEWER ACCOUNTS

Section 1. Section 13-2-110 of the Town of Elizabeth Municipal Code is hereby amended
to read as follows:
Sec. 13-2-110. Water bills; payment, penalty.
(a) Water meters shall be read on the fifteenth day of each month, as
nearly as possible, and bills shall be mailed on the first day of each succeeding
month. All water bills shall be due on or before the fifteenth day of the month
following the reading of the meter. If the bill is not paid in full by the twentieth, a
penalty of five percent (5%) of the total amount due, excluding any previous
penalties, shall be added thereto and paid by the water user.
(b) Billing options. Water and sewer users shall have the following
options for the billing of their accounts:
(1) Actual usage on a monthly basis. Users may elect to pay

their water and sewer bills on an actual-usage basis, paid based on a meter
reading read on the fifteenth day of each month for water charges and
pursuant to Section 13-3-140 for sewer charges.
(2) Budget billing. Users may also elect to use budget billing,
administered as follows: accounts shall be charged on a monthly basis based
on a two-year historical data to establish a monthly bill from January
through November, which bill shall be one-eleventh (1/11) of the total billed
yearly usage from the historical data. The Town may also use comparable
data from similar accounts if such similar accounts exist. The Town may
also, at its sole discretion, adjust the billing estimates on a quarterly basis in
the event the historical data proves inaccurate. The month of December
water bill shall take into account actual usage from the previous eleven (11)
months and shall be calculated so as to be adjusted upward or downward to
allow the customer to have paid for the actual usage for the entire year. If
a user determines to use budget billing, an administrative charge of fifty-
five dollars ($55.00) per year shall be assessed at a rate of five dollars
($5.00) per month, January through November.
1/8/2019
Q:\USERS\LIZ\ORD\2019\WATER LIEN PROCEDURE-O010819.DOCX
Section 2. Section 13-2-120 of the Town of Elizabeth Municipal Code is hereby
amended to read as follows:
Sec. 13-2-120. Delinquent rent accounts must be paid.
(a) A delinquent account is defined as a water bill, including sewer

charges, that remains unpaid after the fifteenth day of the month following the
reading of the meter. Whenever a bill for water services delinquent account remains
unpaid for more than five (5) days adjusted each month to fall within the present
billing month following the fifteenth day of the month following the reading of the
meter, the Town Clerk shall send a notice to the consumer user advising him or her
that unless the delinquent water bill account is paid within ten (10) thirty (30) days
of the mailing of the notice, his or her water service will may be terminated and
informing him or her that the Town shall collect interest on the unpaid balance at a
rate of one percent (1%) per month. The notice shall also advise the consumer user
that he or she has a right to a hearing before the Board of Trustees prior to
termination of water service and that the user may request such hearing within
fifteen (15) days of the mailing of the notice by providing a written request to the
Town Clerk, at which hearing the sole issue shall be whether or not the water and/or
sewer charges are due and payable and whether or not said charges have been paid.
(b) All water rents shall be charged against the person in actual use and
occupancy of each served premises and shall be payable by said person; provided,
however, that all All notices required to be sent by this Section to water consumers
users prior to water shutoff for delinquency shall be sent to the person in actual use
and occupancy of each service premises and also be sent to the owner of record of
the subject property; and provided that the owner of the subject property shall be
responsible for the payment of delinquent charges and any interest accrued thereon
in the event that the Town is unable, after making a reasonable effort, to obtain
payment of said charges from the person in actual use and occupancy of the served
premises. Provisions for the initiation and termination of water service to lessee
and occupant water consumers users shall be, from time to time, established by the
Board of Trustees.
(c) Whether after a hearing before the Board of Trustees or otherwise,

the water shall not be turned on again until all delinquent water rents accounts have
been paid.
(d) If the actual user is notified of the fact that the water supply is to be
disconnected because of a delinquent account, regardless of whether the
delinquency is cured before the water supply is physically disconnected by the
Town, the following charge shall be imposed against the account: the Town shall
impose a delinquency charge in the amount of five percent (5%) per month not to
exceed twenty-five percent (25%) of the total amount due.
(1) Twenty-five dollars ($25.00) for the first notification in any calendar
year;
2
1/8/2019
(2) Fifty dollars ($50.00) for the second notification in any calendar year;
(3) Seventy-five dollars ($75.00) for the third notification in any calendar
year; and
(4) One hundred dollars ($100.00) for every notification after the third
notification in a calendar year.
Following payment of the delinquency charges set forth above, the water
user may apply to the Board of Trustees for a waiver and refund of the
delinquency charges upon a showing of extenuating circumstances. The
Board of Trustees shall consider any such request and determine whether,
at the Board of Trustees' sole discretion, such extenuating circumstances
exist allowing for a waiver of the charges described herein.
* * *
(f) Each water charge, sewer charge and tapping fee levied shall be a
lien therewith, and if the same is not paid within sixty (60) days after it
becomes due and payable, in addition to the Town's right to impose charges
on delinquent accounts as described in Subsection (d) above and in addition
to the Town's right to terminate water service and collect interest as
described in Subsection (a) above, the Town shall have the right to record
such lien against the real property in the files of the County Clerk and
Recorder, with a ten percent (10%) six percent (6%) penalty thereon to
defray the cost of collection and with the cost of recording to be paid by the
property owner as part of the total amount due.
Section 3. Section 13-3-150 of the Town of Elizabeth Municipal Code is hereby amended
to read as follows:
Sec. 13-3-150. Billing payment and delinquent accounts.
(a) Billing payments. The sewer service charges shall be levied

pursuant to Section 13-1-140 13-3-140, payable monthly, and shall be added to
and made a part of the monthly water bill of the various properties in the Town.
All sewer bills shall be due on or before the fifteenth day of the month following
the reading of the meter.; and if not paid by the twentieth, a penalty of five percent
(5%) of the total amount due, excluding any previous penalties, shall be added
thereto and paid by the sewer user.
(b) Billing options. Sewer users shall pay their water bill, including
sewer charges, pursuant to the billing options provided in Section 13-2-110(b).
(c) Delinquent Accounts. Any sewer charge that remains unpaid after
the fifteenth day of the month following the reading of the meter, shall be subject
3
1/8/2019
to the procedures, interest, penalties and liens concerning delinquent accounts for
water bills pursuant to Section 13-2-120.
Section 4. Section 13-3-160 is hereby deleted in its entirety.
Section 5. Severability. If any section, paragraph, clause, or provision of this

enforceability of such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance, the intent being that the same are severable.
the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. The Board of
Trustees further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained.
______________________________
ATTEST:
_________________________________
4
1/8/2019
NOTICE OF LIEN
THE TOWN OF ELIZABETH, COLORADO, a Colorado Municipal Corporation, wishing to avail

itself of lien rights set forth in C.R.S. § 31-20-105 and the Town Municipal Code § 13-2-120(f),
makes the following statement of lien:
1. The name of the owner or reputed owner of such property to be charged with the
lien is: _____________________________
2. The name and mailing address of the municipality claiming the lien is the Town of
Elizabeth, 151 S. Banner Street, Elizabeth, Colorado 80107.
3. The property to be charged with such lien is known as follows:
a. [INSERT COMMONLY KNOWN ADDRESS];

b. [COUNTY PARCEL IDENTIFICATION NUMBER];
c. [INSERTCOUNTY SCHEDULE NUMBER ];
d. [INSERT LEGAL DESCRIPTION].
4. Said lien has arisen by operation of law and is held for, and on account of unpaid
water and/or sewer charges at the above-reference property in the 20__ calendar year.
5. The amount of indebtedness due or owing the claimant for which said lien is
claimed, for services furnished and supplied is [INSERT AMOUNT DUE ($___. ), together with
interest thereon at the rate of six percent (6%) per annum.
___________________________________
[NAME]
TOWN CLERK
ELIZABETH, COLORADO
STATE OF COLORADO )
) ss.
COUNTY OF ELBERT )
I, _____________________, being of lawful age and being first duly sworn upon oath, do
say that I, as the Town Clerk of the Town of the Elizabeth, Colorado, the claimant herein named;
have read the within notice of lien and know the contents thereof; and that the same is true and
correct, to the best of my knowledge, information and belief, and is made on behalf of the claimant.
____________________________
[INSERT NAME]
Subscribed and sworn to before me in the County of Elbert, State of Colorado this
day of , 20__.
My commission expires:
Witness my hand and official seal.
________________________
Notary Public
WATER AND SEWER PAYMENT AGREEMENT
THIS AGREEMENT is made and entered into on (Date), by and

between the Town of Elizabeth, Colorado, a municipal corporation (hereinafter “the Town”) and
(name) whose address is:
(hereinafter “Customer”).
WHEREAS, the Customer has failed to pay all or a portion of the amount due for water
and sewer services in the Town and Customer’s account (Account No. ) is
now delinquent; and
WHEREAS, subject to Customer’s strict compliance with the payment terms set forth below,
the Town is willing to accept installment payments from Customer specifically for the water
usage attributed to in the amount of $ .
NOW, THEREFORE, the Town and Customer agree:
1. That as of (Date), the amount of $ is due and payable by

the Customer to the Town for water and sewer service at ,
Account No. .
2. That the Town has previously given to Customer all required notices demanding payment
for such water and sewer service.
3. That in lieu of receiving full payment of the amount due, the Town agrees to accept, and the
Customer agrees to pay monthly installments in the amount of $ a month,
commencing (Date) and continuing each month by the 15th of
the month thereafter until the entire, unpaid amount set forth in Section 1, above, is paid in
full.
4. That previously charged late fees specifically attributable to the $ have been
waived but will be charged back to the account should the payment plan become
delinquent. All late fees and penalties will continue to apply to the Current Billed Amount
each month.
5. That this Agreement may not be waived or amended except by a written agreement signed
by both parties.
6. That this Agreement does not affect any of the Town’s rights to assert a lien against the
property for any unpaid water or sewer charges.
The Customer has read and understands each and every provision of this Agreement and agrees
to perform according to its terms.
IN WITNESS WHEREOF, the Town and Customer have executed this Agreement on the day
and year first above written.
________________________________________
Michelle Oeser, Town Clerk Customer(s)

TOWN OF ELIZABETH
POLICE DEPARTMENT
STEPHEN HASLER, CHIEF OF POLICE
To: Mayor Vasquez and the Board of Trustees
From: Stephen Hasler, Chief of Police
Subject: Police Officer equipment purchase contract
Date: January 16. 2019.
As the Board is aware, the town supplies all uniform and equipment needs to our police officers
through the municipal budget. This is true for all equipment except for firearms. It is expected
that police officers supply their own firearm prior to employment with the town. Semi-automatic
firearms and patrol rifles can be an expensive initial cost to a new or existing officer, and I
believe a contract to help in the purchase and repayment of that weapon would greatly assist in
equipping our staff with the equipment that we mandate they have, for employment with the
town.
The Agreement to assist in the purchase of such equipment is included in your packet. It allows
the officer to purchase necessary equipment needed for police functions up to the value of
$1500.00 and for reimbursement to the town over a one-year period through paycheck
deductions.
Summary:
Staff believes this equipment purchase agreement is necessary to assist police employees to
obtain equipment that the town requires and requests that the Board of Trustees approve the
agreement to purchase police officer equipment by motion.
▪ PO Box 1527, 425 S Main Street ▪ Elizabeth, Colorado 80107 ▪ (303) 646-4664 ▪ Fax: (303) 646-0676 ▪
www.elizabethpolice.org
Exhibit A
AN AGREEMENT BY AND BETWEEN

THE TOWN OF ELIZABETH ON BEHALF OF THE POLICE DEPARTMENT,
AND
_________________________________________
FOR POLICE OFFICER EQUIPMENT
THE PARTIES to this Agreement dated this __________ day of __________, 20_____,
are the Town of Elizabeth, a Colorado municipal corporation, (hereinafter referred to as the
"Town") and ______________________________
(hereinafter referred to as "Police Officer").
WHEREAS, Police Officer desires to seek to reimburse the Town for paying the initial
cost of police equipment in an amount not to exceed one thousand, five hundred dollars
($1,500.00).
NOW, THEREFORE the Town and Police Officer, for mutual and valuable consideration
received, agree to the following:
1. Police Officer hereby agrees to continue employment with the Town for a minimum
of one (1) year after execution of this Agreement, upon the terms and conditions set forth herein.
2. The Town agrees to pay the cost of the police equipment as set forth in Exhibit A
(the "Equipment"), attached hereto and incorporated herein by this reference, in an amount not to
exceed one thousand, five hundred dollars ($1,500.00) provided that Police Officer agrees to
reimburse the Town for such costs over a one (1) year period as follows:
[Insert repayment schedule].
3. Police Officer shall be deemed to have breached this Agreement and shall be liable
for damages hereunder in an amount not to exceed the unpaid balance for the cost of the
Equipment, plus those costs identified in Section 5 of this Agreement if Police Officer leaves
employment prior to providing one (1) year of service from date of this Agreement, if the Police
Officer elects to leave on Police Officer’s sole accord.
4. Police Officer understands and agrees that amounts due from Police Officer under
this Agreement may be withheld from Police Officer’s paychecks and/or from the Town’s payment
to Police Officer of unused vacation or sick leave.
5. If Police Officer fails or refuses to promptly pay the reimbursement costs provided
for under this Agreement, and the Town incurs additional collection costs, including, but not
limited to, attorney’s fees and related expenses, Police Officer shall become liable for paying such
cost in addition to the additional amounts due. The Town may use all remedies available in equity
or law to collect amounts due under this Agreement.
1
11/21/2018
Q:\USERS\LIZ\FORMS\POLICE REIMBURSEMENT-A2018.DOCX
6. Nothing in this Agreement shall be deemed to confer Police Officer any right of
continued employment with the Town. Nothing in this Agreement shall be deemed to modify or
amend the Town of Elizabeth Municipal Code, or the Town of Elizabeth Employee Handbook.
7. This Agreement represents the entire agreement between the parties regarding the
Equipment, and there are no oral or collateral agreements or understandings. This Agreement may
be amended only by an instrument in writing signed by the parties. If any portion of this
Agreement is invalidated, the remainder of the Agreement shall remain in full force and effect.
8. This Agreement and the rights and duties of the parties hereunder shall be
interpreted in accordance with the laws of the State of Colorado. Venue for any legal actions
arising hereunder shall lie in the County of Elbert, State of Colorado.
9. This Agreement is personal services contract and is not assignable by Police

Officer.
10. Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail, postage and fees
prepaid, addressed to the party to whom such notice is to be given at the address set forth on the
signature page below, or at such other address as has been previously furnished in writing, to the
other party or parties. Such notice shall be deemed to have been given when deposited in the
United States mail.
11. It is expressly understood and agreed that enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the Town and Police Officer and nothing contained in this Agreement shall give or allow any
such claim or right of action by any other third party on such Agreement. It is the express intention
of the Town and Police Officer that any person other than the Town or Police Officer receiving
services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
12. Police Officer has read and understands this Agreement and has had an opportunity
to obtain legal advice concerning this Agreement. Police Officer acknowledges and agrees that he
or she signs this Agreement voluntarily and without coercion or duress of any kind.
2
11/21/2018
TOWN OF ELIZABETH,
a Colorado Statutory Municipality
______________________________
ATTEST:
______________________________
APPROVED AS TO FORM:
______________________________
Corey Y. Hoffmann, Town Attorney
POLICE OFFICER:
______________________________
Print/Type Name
______________________________
Signature
______________________________
Date
3
11/21/2018
TOWN OF ELIZABETH
MICHELLE M. OESER, TOWN CLERK

FROM: Michelle M. Oeser, Town Clerk
SUBJECT: Retail Liquor Tastings Permit Application for Outback Liquors
SUMMARY
Outback Liquor Store have submitted an application for a tasting permit for the year 2019.
Outback Liquors is requesting a tastings permit that runs concurrent with their existing Town
and State approved retail liquor license. Per Ordinance 04-10 the Board of Trustee has the
authority to approve a tastings permit without holding a Public Hearing. The Board may request
a Public Hearing on the matter if they find that the applicant has not complied with State statutes
or cannot conduct tastings without creating a public safety risk to the neighborhood.
The Tastings Permit is limited to 156 days a year (increased from 52), on any day of the week.
Included with this memo is the current tasting laws, showing basic rules and regulations.
If the applicant receives a permit and would like to change a proposed date, they may submit a
request to the Town Clerk a minimum of 48 hours before the new tasting. The applicant is
aware of these restrictions and obligations and will comply with all laws.
Tastings would be held at 113 S. Elizabeth St., Elizabeth, Co. where their liquor license is held.
Staff was notified in the time required for tasting additions in 2018.
The applicant has provided a complete application and all dates they are currently requesting
for 2019.
The Police Department has no concerns with issuing Outback Liquors a tastings permit.
STAFF RECOMMENDATIONS
Staff recommends approving a tasting permit for Outback Liquors.
Tasting Laws
Number of tasting days Number of hours allowed Hours of operation Who can conduct Number of samples
Size of serving sample
allowed annually per day for tasting tastings allowed per person
representative,
employee, or agent of
5 hours (did not change) a wholesaler, brew
156 days (any day of the 1 ounce for malt & vinous
(does not have to be 11 am to 9 pm pub, distillery pub, 4
week) 1/2 ounce for spirits
consecutive) manufacturer, limited
winery, importer or
vintner's restaurant
** must have seller server certification

TOWN OF ELIZABETH

SUBJECT: Designated Main Street Community Application
SUMMARY
The Elizabeth Main Street Program has been a Candidate Community within the Colorado Main Street Program
for about three (3) years and has met the requirements to move up a tier to Designated Community. Local
programs typically remain as Designated for about ten (10) years before advancing to the Graduate which is the
highest tier in the program.
Benefits of advancing include additional annual funding for projects and technical assistance from the
Department of Local Affairs. Additional requirements involve additional training and an annual board planning
retreat.
MAIN STREET BOARD OF DIRECTORS RECOMMENDATION

The Main Street Board of Directors voted on January 10, 2019 to recommend approval to the Board of Trustees
the Designated Main Street Community Application.
Moving forward in the program will provide the Elizabeth Main Street Program with additional funding and
technical assistance as we advance our economic development efforts downtown. Staff recommends approval
of Designated Main Street Community Application.
ATTACHMENT(S)
Colorado Main Street Program Manual- Designated
DESIGNATED
At this stage, the local program has a solid
foundation in place to run an effective Main
Street program. Communities typically remain in
this tier for about 10 years.
Prerequisites
To become a Designated Main Street community, the community must first meet all of the following
prerequisites as a Candidate community and then submit an application.
Formalize your local program structure.
Have an active board of directors. The Board of Directors is a diverse and representative group
(including a local government official) who are selected for their skills, connections and knowledge. They
should have enough time to commit and be passionate about Main Street and its mission. The board of
directors will be the main advocates for the program, help with strategic visioning, maintain public
relations, and sustain revenue.
Establish bylaws, articles of incorporation, internal procedures, board position descriptions, and other
applicable governing documents for your organization.
Have multi-year strategic plan that addresses the community’s vision and incorporates at least one
transformational strategy and the Four Points (including downtown assessment, downtown plan, or similar
as approved by staff - updated every 5 years).
Establish a vision and mission statement. A mission should be created by the board of directors. It should
explain who the local Main Street program is and what they do. It should be clear, concise and distinct
from other organizations. A vision should be created with the entire community and should be reviewed
every two to three years. A vision describes what your community will be in five to 10 years.
Have a paid professional manager dedicated to the local Main Street program.
Have a funding plan and adequate operating budget.
Main Street district boundary and map - your historic, commercial, walkable downtown.
Be a member of the National Main Street Center meeting the National Accreditation Standards of
Performance.
Conduct a program of ongoing training for staff and volunteers as described in Appendix A.
Establish a formal system for annually evaluating the performance of the paid professional manager.
Have a volunteer base and begin to develop a system for managing volunteers– recruiting, retaining and
thanking.
Develop a website or webpage for your program.
Work on developing historic building inventories and identifying historic assets.
Attend or host a Certified Local Government training to learn about the program and better understand
how this tool may help your community.
Develop a basic business inventory of your Main Street district – including business types, contact
information, number of employees and more.
Develop a basic building/property inventory of your Main Street district – including ownership patterns,
building conditions, vacancies, building square footage, use, average rents, and more.
PROGRAM MANUAL | 9
HOW TO APPLY
Applications to become a Designated Main Street community are based upon community desire,
completion of prerequisites and recommendation from Colorado Main Street staff. Applications are
accepted from Candidate communities on a rolling basis. However, all funding amounts are based
on tiers as of May 1 of each year due to the state’s fiscal cycle, so to receive the full financial
benefits of Designated status, consider applying in March to meet the May 1 cutoff for budgeting.
Please contact staff for the application.
NEXT STEPS
Your application will be reviewed by Colorado Main Street staff and the Colorado Main Street
Advisory Board. Recommendations will then be given to the Executive Director of DOLA who will
make the final decision. Once the decision is finalized you will receive notification.
Requirements
The following requirements must be completed as a Designated community in addition to maintaining the
prerequisites. Colorado Main Street staff will provide and or organize some of these requirements. These
requirements are incorporated into your memorandum of understanding (MOU). Please see the section
below on Description of Community Transformation Strategies for additional guidance.
Established support and participation of the local
Required.
government
Attend quarterly Main Street trainings, the Required. Local program managers, board members,
annual Main Street Summit, and annual National and/or volunteers must attend two of four quarterly
Main Street Conference training webinars per year, as well as the National
Conference. Local program managers must attend the
Summit.
Attend additional trainings Required. Local program managers, board members,
and/or volunteers are required to collectively attend
at least two trainings per year (in addition to the
required quarterly trainings).
Host an annual visit Required.
Sign and maintain compliance with a
memorandum of understanding (MOU) with Required.
DOLA
Demonstrate a strong historic preservation ethic
Required.
as described in Appendix A
Submit quarterly reports and reinvestment
Required.
statistics
Identify transformation strategies and submit an
aligned annual work plan that is coordinated with Required.
your local municipality
PROGRAM MANUAL | 10
Follow the National Main Street Approach and
complete an annual self-evaluation of
Required.
performance on the 10 national accreditation
standards
Present at least once annually a “State of Main
Street” report to the local elected body and
Required.
submit a copy of the meeting minutes and/or
report to DOLA with a quarterly report
Host an annual board retreat, potentially for
Required.
strategic planning
Mini-grants Optional. An application is required to show the
project is aligned with the community work plan,
expenses are eligible, and community match is
present, but the funds are non-competitive
Scholarship Optional. Funds must be used to attend the Main
Street Manager Summit and National Main Street
Conference at minimum; any remaining funds may be
used for additional Main Street-related training
PROGRAM MANUAL | 11
MEETING MINUTES
TOWN OF ELIZABETH
MAIN STREET BOARD OF DIRECTORS

MEETING MINUTES
DECEMBER 13, 2018
8:30 AM – TOWN HALL
Call to Order: Christine Ware called the meeting to order at 8:49 a.m.
Roll Call: Ms. Ware, Michael Hussey, Tim Miller, Nora Nikkel, Pat Gonzales
Agenda Changes: No changes
Visitors: No visitors
Minutes: Mr. Hussey moved to approve the regular meeting minutes of November 8, 2018. Mr. Miller
seconded; all in favor.
Staff reports:
• 2019 meeting schedule:
Meeting schedule for 2019 will be similar to 2018 and based around the court schedule.
• Board hours:
Some members are not comfortable with Google Docs and would rather record hours on a
Word document, spreadsheet, or be able to print out for record keeping. Mr. Miller is fine with
Google Docs.
• Elizabeth Brewing Company:

Elizabeth Brewing Company is holding soft openings up until their grand opening on December
15th.
Board reports: No board reports
Business items:
• Board vacancy;
There’s one prospect for a Board seat, but an application has not yet been received from the
candidate.
TOWN OF ELIZABETH
• Ornament Program update:

To date 60 ornaments have been purchased by Main Street businesses. Second orders have
come in from both The Carriage Shoppes and Mountain Man Nut & Fruit Co thus far.
Advertising on Facebook seems very positive as many views are tracked, and Ms. Ware has
shared on various Facebook pages in the area. Staff will check with additional retail
businesses outside of Main Street to see if they have interest selling the ornaments in their
businesses.
• Town Christmas follow up:

The Board discussed the recent tree lighting event. Ms. Nikkel did not believe that there was
traffic on the southern end of Main Street and did not have positive feedback to relay. Mr.
Hussey noted that Main Street was busy during the event. Amongst suggestions were carolers
and laser light show. Ms. Nikkel suggested the Board assisting with event budget in future.
Conversation among the board about considering more lighting on the trees on Main Street.
• Designated Community Status update:

Mr. Hussey indicated that he worked with Staff on the status update and all went well is on
track. Staff will have the paperwork for tier advancement completed by the January meeting.
• Discussion and possible action on submittal of 2019 Work Plan to DOLA:

Mr. Miller moved to approve the Work Plan, Mr. Hussey seconded; all in favor.
• 556 South Main Street update:

Board was presented with architect illustrations of the proposed development.
• Elizabeth West annexation agreement update:

The annexation agreement for Elizabeth West was presented to the Board which includes a
$100k contribution toward Main Street streetscape.
Adjourn: Ms. Ware adjourned the meeting at 10:03 a.m.
TOWN OF ELIZABETH

MINUTES
JANUARY 10, 2019
8:30 AM – TOWN HALL
Call to Order: Christine Ware called the meeting to order at 8:41 a.m.
Roll Call: Ms. Ware, Michael Hussey, Tim Miller, Grace Erickson, Pat Gonzales
Agenda Changes: No changes
Minutes: Mr. Miller moved to approve the regular meeting minutes of December 13, 2019 with the revision
of “agenda” to “minutes” in the header. Mr. Hussey seconded; all in favor.
Staff reports
• Lodging market and feasibility study
Board discussed recent market and feasibility study on lodging. Recommendations included
utilizing the Elbert County Agricultural Building located in Kiowa January through March. Dog
show was one example of use provided by the consultant. Consultant recommended
continuing efforts with the Elizabeth Main Street Program and Historic Preservation Program
that promote destination building. Consultant also recommended to focus on keeping
Elizabeth “unique”. Board discussed looking at similar localities with cooler climates and
tourism efforts. Staff and Board discussed expanding outreach for events by putting into place
a driver service. Having a local driver service would also be of benefit to the area’s aging
demographic. The Main Street Board of Directors will work with Pines and Plains Libraries
who will further work with the SBDC to attract attention to this business opportunity. Staff will
reach out to area lodging with shuttles for Hops Fest and Wine in the Pines.
• Main Street Quarterly Report to Board of Trustees

Ms. Ware will present to the Board on January 22nd.
• Ornament Program
The Elizabeth Main Street Program sold 82 ornaments to the businesses. Mr. Hussey will
work with Staff to start next year’s design. Board discussed distributing more broadly to
Elizabeth retail businesses and including ornament hanger. Price may increase slightly due to
whole sale cost.
• Lease for pocket park

Meeting with property owner will be a necessary next step to discuss lease with the Town. Mr.
Hussey and Staff will reach out to property owner and will verify property line.
TOWN OF ELIZABETH
• Food trucks
Board discussed current food truck regulations and concerns. Board will discuss further in
February to work toward a code amendment recommendation for the Board of Trustees.
Board reports
• Vacant seat
Mr. Hussey requested an update on filling the vacant seat. Staff informed the Board that we
have not yet received applications and are currently directing interested individuals to the
Historic Advisory Board and Planning Commission due to the shortage on those boards that
are impacting meetings.
New Business
• Discussion and possible action on establishment of posting place of regular meetings as
Bulletin Board located at 151 South Banner Street
Mr. Miller motioned to establish the bulletin board located at 151 South Banner Street as
posting place of regular meetings; Mr. Hussey seconded, all in favor.
• Discussion and possible action on Election of 2019 President and Vice President
Mr. Miller nominated Christine Ware as 2019 President and Mike Hussey as 2019 Vice
President; Ms. Ware seconded, all in favor.
• Discussion and possible action on Designated Main Street Community Application

Board went through application and attachments. Ms. Ware will be present on January 22nd to
recommend to Board of Trustees on behalf of Main Street Board of Directors. Mr. Miller
motioned to recommend to the Board of Trustees Designated Main Street Community
Application; Mr. Hussey seconded, all in favor.
• Discussion and possible action on recommendation on License with The Elizabeth Brewing
Company for 2019 Elizabeth Farmers Market
Ms. Ware and Mr. Hussey briefed Board on recent meetings with The Elizabeth Brewing
Company regarding the changes with this year’s market. Board will reach out to produce
vendors to address The Elizabeth Brewing Company’s concern with produce. Board discussed
The Elizabeth Brewing Company’s request for ax throwing as entertainment. Board is not
recommending ax throwing as entertainment at The Elizabeth Farmers Market but believe it
would be more appropriate at the Celtic Festival. Staff will be working with the Town’s Attorney
to prepare License with The Elizabeth Brewing Company for the event. Mr. Hussey motioned
to recommend approval to the Board of Trustees of License with The Elizabeth Brewing
Company for 2019 Elizabeth Farmers Market; Mr. miller seconded, all in favor.
Adjourn: Ms. Ware adjourned the meeting at 11:07 a.m.

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TOWN OF ELIZABETH

UNSCHEDULED PUBLIC COMMENT

a. Minutes of the Regular Meeting of January 8, 2019

MANAGEMENT MONITORING REPORTS

BOARD OF TRUSTEES REPORTS

ADVISORY BOARD QUARTERLY REPORTS

Main Street Board of Directors

NEW BUSINESS (CONT.)

a. Discussion and possible action on Resolution 19R09, a Resolution making certain

a. Ritoro Filings 2 and 3 sketch and preliminary plans

h. Discussion and possible action on Resolution 19R10, a Resolution approving the

b. Pine Ridge Crossing site plan

i. Discussion and possible action on Resolution 19R11, a Resolution approving the

j. Discussion and possible action on Ordinance 19-08, an Ordinance changing the

k. Discussion and possible action on Resolution 19R12, a Resolution adopting a

Speakers are not allowed to make belligerent, accusatory, impertinent, slanderous,

Board of Trustees – Record of Proceedings

Mayor Vasquez led the audience in the Pledge of Allegiance.

UNSCHEDULED PUBLIC COMMENT

There was no public comment.

MANAGEMENT MONITORING REPORTS

BOARD OF TRUSTEES REPORTS

Trustee Jurczewsky asked about fencing permits and regulations.

a. Discussion and possible approval of Resolution 19R01, a Resolution Establishing a

MOTION: Trustee Ternus made a Motion to approve Resolution 19R01, a Resolution

b. Discussion and possible action on Resolution 19R02, a Resolution approving the

c. Discussion and possible action on Resolution 19R03, a Resolution approving the

Staff recommends approval of Resolution 19R03, a Resolution approving an Addendum to the

MOTION: Trustee Jurczewsky made a Motion to approve Resolution 19R04, a Resolution

e. Discussion and possible action on Administrative Minor Amendment to Ritoro Planned

g. Discussion and possible action on Resolution 19R06, a Resolution amending the

h. Discussion and possible action on Ordinance 19-01 an Ordinance amending Article V of

Discussion followed between Board members and staff.

i. Discussion and possible action on Resolution 19R07 a Resolution approving payment of

Staff recommends approval of Resolution 19R07, a Resolution approving payment of

MOTION: Trustee Jurczewsky made a Motion to approve Resolution 19R07, a Resolution

j. Discussion and possible action on Resolution 19R08 a Resolution approving a permanent

Item j was tabled to a future Board meeting.

Main Street BOD 11/8/18

Mayor Vasquez closed the Executive Session at 9:24 pm.

Dear Ms. Erickson,

Madison House Autism Foundation

January 22, 2019

Management Team - Monitoring Report

Community/ Economic Development – Grace Erickson

Town Clerk – Michelle Oeser

Police – Chief Steve Hasler

Public Works and Utilities – Mike DeVol

Elizabeth Comprehensive Plan

The following is an informational breakdown of officer activity from 12/30/2018 at 9.00am to

▪ 17 Traffic Stops: 9 Traffic Citations, 4 Verbal Warnings, 4 Written Warnings

13 Criminal Case Reports Include:

Domestic Violence - 12/30/2018

MVA investigation- 01/02/2019

Municipal Ordinance Violation - 01/03/2019

Citizen Assist - 01/05/2019

Municipal Ordinance Violation - 01/05/2019

Traffic Stop - 01/08/2019

Welfare Check - 01/09/2019

PASSED, APPROVED, and ADOPTED this day of __________, 2019, by