Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-0627-MSK-BNB LENNAR COLORADO, LLC, Plaintiff,
g.

THE UNITED STATES OF AMERICA, THE UNITED STATES DEPARTMENT OF DEFENSE, THE U.S. ARMY, THE U.S. AIR FORCE, and THE U.S. NAVY, Defendants. JOINT MOTION FOR ENTRY OF CONSENT DECREE Plaintiff Lennar Colorado, LLC ("Lennar"), and Defendants United States of America, United States Department of Defense, United States Army, United States Air Force, and United States Navy (collectively, "United States"), jointly move the Court to enter the attached proposed Consent Decree. As grounds for their joint motion, the parties state as follows: 1. This case was brought by Plaintiff Lennar against the United States pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., to recover costs Lennar incurred in investigating and cleaning up two parcels of property it owns located on the Former Lowry Bombing and Gunnery Range located east of the Denver metropolitan area. 2. The parties have reached a settlement of Plaintiff's claims in this matter, which is memorialized in the attached proposed Consent Decree.

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3. As set forth in the accompanying Memorandum in Support of Joint Motion for Entry of Consent Decree, the terms of the Consent Decree are fair, reasonable, in accord with the purposes of CERCLA, and in the public interest. WHEREFORE, the Court should enter the attached Consent Decree as an order of the Court. Respectfully submitted, FOR PLAINTIFF: BROWNSTEIN HYATT & FARBER, P.C.
m¯

HUBERT A. FARBES, JRf i MARK J. MATHEWS MICHELLE C. KALES 410 Seventeenth Street, 22nd Floor Denver, CO 80202-4437 Phone: (303) 223-1100 Fax: (303) 223-1111

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FOR DEFENDANTS: KELLY A. JOHNSON Acting Assistant Attorney General Environment and Natural Resources Division

Dated:

By: gI~ANIEL PINKSTON MATTHEW OAKES Environmental Defense Section Environment and Natural Resources Division U.S. Department of Justice 999-18th Street, Suite 945 North Denver, Colorado 80202 Phone: (303) 312-7397 Fax: (303) 312-7331 [email protected] matthew.oakes@usdoj, gov WILLIAM LEONE Acting United States Attorney District of Colorado STEPHEN D. TAYLOR Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0103 Fax: (303) 454-0404

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Attachment

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1N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civ. Act. No. 04-0627-MSK-BNB

LENNAR COLORADO, LLC, Plaintiff,
VS.

UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF DEFENSE, THE U.S. ARMY, THE U.S. AIR FORCE, and THE U.S. NAVY, Defendants.

CONSENT DECREE WHEREAS, this Consent Decree is entered into by Plaintiff Lennar Colorado, LLC ("Plaintiff' or "Lennar") and by Defendants United States of America, United States Department of Defense, United States Army, United States Air Force, and United States Navy ("United States"), to settle Plaintiff's claims against the United States in this case. WHEREAS, on March 31, 2004, Plaintiff filed its Complaint in this action, alleging that the Defendants are jointly and severally liable to Plaintiff for all of its response costs incurred in investigating and cleaning up the High Plains and Beacon Point Parcels pursuant to CERCLA section 107(a), 42 U.S.C. § 9607(a). Alternatively, Plaintiff alleged that Defendants were liable to Plaintiff in contribution for some or all of those costs pursuant to CERCLA sections 107(a), 42

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U.S.C. § 9607(a), and 113(f), 42 U.S.C. § 9613(f). Plaintiff Lennar and Defendants wish to resolve Plaintiff's claims against Defendants without further litigation and without a litigated resolution of any issue of fact or law. Now, therefore, without admission of any issue of law or fact, the Parties agree as follows: 1. The following definitions shall apply to this Consent Decree: a. "Beacon Point" or "Beacon Point Parcel" means a parcel of land located within the boundaries of the Former Lowry Bombing and Gunnery Range, located in Section 20, and in the West 1/2 of Section 21, Township 5 South, Range 65 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado. The legal description for Beacon Point is attached hereto as Attachment A. b. "Covered Matters" means all claims made or which could have been made under federal or state law by Plaintiff in its Complaint against the United States in this matter with regard to the High Plains and Beacon Point Parcels, including, but not limited to, claims made pursuant to CERCLA section 107(a), 42 U.S.C. § 9607(a), for cost recovery and/or contribution, and for contribution pursuant to CERCLA section 113 (f), 42 U.S.C. § 9613 (f). c. "High Plains" means parcels of land within the boundaries of the Former Lowry Bombing and Gunnery Range, including (i) Section 33, Township 5 South, Range 65 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, the legal description of which is attached hereto as Attachment B, and (ii) two parcels of land, collectively known as the "High Plains Extension," of approximately 22.5 acres in total depicted on two maps attached hereto as Attachment C. d. "Interest" means interest on the terms and conditions and at the rate set forth in -2-

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CERCLA section 107(a)(4), 42 U.S.C. 9607(a)(4). e. "Parties" means Lennar and the United States. f. "Plaintiff' or "Lennar" means Plaintiff Lennar Colorado, LLC, its parent entities, assignors, subsidiaries, successors and all related entities, past and future, as well as their officers, directors, and agents. This term includes, but is not limited to, Lennar Corporation, U.S. Home Corporation, Lennar Homes of Colorado, LLLP, U.S. Home of Colorado, Inc., Heartland Colorado, LLC, and SEA Joint Venture, LLP. g. "RCRA" means the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq. h. "United States" means the United States of America and all of its agencies, departments and instrumentalities, their officers, agents and employees, including but not limited to the Department of Defense, the United States Army, the United States Air Force, and the United States Navy. 2. The United States shall pay to Plaintiff the sum of $4,550,000. If payment is not made within 120 days after entry of this Consent Decree by the Court, Interest will accrue on the unpaid balance beginning on the 121st day after entry of the Consent Decree by the Court until paid. Payment shall be in the form of electronic funds transfer in accordance with instructions provided by Plaintiff's counsel promptly upon entry of the Consent Decree by the Court. 3. All payment obligations by the United States are subject to the availability of appropriated funds applicable for that purpose. No provision of this Consent Decree shall be interpreted as or shall constitute a commitment or requirement that the United States obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable -3-

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provision of law. 4. Lennar covenants not to sue the United States under CERCLA, or any other state or federal statutory or common law, in law or equity, for costs, injunctive relief, natural resource damages, and/or any other relief, in connection with environmental contamination on the High Plains Parcel and the Beacon Point Parcel. This covenant not to sue shall be effective as of the date the United States makes the payment set forth in Paragraph 2 above. This covenant does not extend to claims against the United States for personal injury to third parties accruing after the entry of the Consent Decree. The United States does not waive any defenses it may have to claims made by Lennar. 5. Effective as of the date upon which the United States makes the payment set forth in Paragraph 2 above, Lennar shall indemnify the United States for any costs, natural resource damages, and/or the cost of any injunctive relief, arising under CERCLA, RCRA, the Colorado Hazardous Waste Act, C.R.S. 25-15-301 et seq., or any other law, which the United States incurs or for which it is sought to be held liable by any third party (including but not limited to the State of Colorado and subsequent purchasers of some or all of the High Plains and/or Beacon Point Parcels), in connection with "military munitions," as defined at 10 U.S.C. 101 (e)(4)(A), "munitions constituents," as defined at 10 U.S.C. 2710(e)(3), or inert items associated with military munitions or munitions constituents, now or formerly located on the High Plains and/or Beacon Point Parcels. This indemnification obligation does not extend to claims made by third parties against the United States for personal injury. Lennar's total obligation under this Paragraph shall not exceed $4,550,000. The United States will notify Plaintiff in writing of any complaint or demand made in writing upon the United States that may be subject to the

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indemnification provisions of this Paragraph as soon as practicable. The United States shall be entitled to conduct any defense to such claims by third parties, and is entitled to litigate and/or settle any such claims at its complete and unfettered discretion. The United States agrees to notify Lennar of a proposed settlement of a claim within the scope of this indemnity. 6. a. The Parties acknowledge and agree that the payment to be made by the United

States pursuant to Paragraph 2 of this Consent Decree represents a good faith compromise of disputed claims and that the compromise represents a fair, reasonable, and equitable discharge for Covered Matters. b. With regard to any claims for costs, damages, or other claims against the United States for Covered Matters, the United States is entitled to, as of the date of entry of this Consent Decree, protection from contribution claims pursuant to 42 U.S.C. § 9613(0, and any other applicable provision of federal or state law, whether by statute or common law, extinguishing the liability of the United States to persons not party to this Consent Decree. Any rights the United States or Plaintiff may have to obtain contribution or otherwise recover costs or damages from persons not party to this Consent Decree are preserved. 7. After the effective date of this Consent Decree, Lennar shall give notice to any subsequent purchaser or transferee of Lennar of any portion of the Beacon Point or High Plains Parcels, that those Parcels are located within the boundaries of the Former Lowry Bombing and Gunnery Range; the history of investigations and clearance of military munitions, munitions constituents, or inert items related thereto, on the Parcels; and the risk that military munitions, munitions constituents, or inert items related thereto may remain on the Parcels. Such notice shall include recordation of such a statement in the real property records of Arapahoe County, -5-

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Colorado. Lennar states that it has given actual written notice to entities to which it has, or is in the process of, transferring portions of the Beacon Point or High Plains Parcels that those Parcels are located within the boundaries of the Former Lowry Bombing and Gunnery Range, and the history of investigations and clearance of military munitions, munitions constituents, or inert items related thereto, on the Parcels. 8. This Consent Decree represents the compromise of a disputed claim, and nothing in this Consent Decree is intended to be, or shall be construed as, an admission or adjudication of any issue of fact or law with respect to any liability or responsibility for the High Plains or Beacon Point Parcels or any other area. 9. Nothing in this Consent Decree is intended to be, nor shall be, construed as a waiver, release, or covenant not to sue for any claim or cause of action, administrative or judicial, in law or in equity, which the United States or Plaintiff may have against any person or entity that is not a party to this Consent Decree. 10. This Consent Decree shall be governed and construed under the laws of the United States° 11. This Consent Decree is binding upon the Parties and their respective successors and assigns, all related corporate entities, and officers, directors, and agents. However, this Consent Decree shall not be interpreted to bar or affect the authority of the United States Environmental Protection Agency or any other department, agency, or instrumentality of the United States charged with enforcement of environmental laws and regulations from acting within its authority as to Plaintiff. 12. For all matters regarding which this Consent Decree requires the United States or -6-

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Plaintiff to give notice to the other, such notice shall be given as follows: a. Notice to Plaintiff shall be submitted to the following: Hubert A. Farbes, Jr., Esq. Brownstein Hyatt & Farber, P.C. 410 Seventeenth Street, 22na Floor Denver, CO 80202-4437 b. Notice to the United States shall be submitted to the following: Chief, Environmental Defense Section Environment and Natural Resources Division U.S. Department of Justice 601 D Street, N.W. Washington, DC 20004 District Counsel U.S. Army Corps of Engineers, Omaha District Office of Counsel 106 S. 15th Street Omaha, NE 68102-1618 A party may change the person to whom notice may be given by written notification to the other party-. 15. Based upon the entire record herein, the Court finds that this Consent Decree is fair, reasonable, and in the public interest. DONE THIS DAY OF 2005. BY THE COURT:

Hon. Marcia S. Krieger United States District Judge

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L

F

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DATED: C-&~te/~ ~ .... MARK J. MATHEWS /' MICHELLE C. KALES Brownstein Hyatt & Farber, P.C. 410 Seventeenth Street, 22na Floor Denver, CO 80202-4437 Phone: (303) 223-1100 //

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FOR DEFENDANTS: KELLY A. JOHNSON Acting Assistant Attorney General Environment and Natural Resources Division

DATED: ~l[r/OC ii

By:

pXa__
~NIEL PINKSTON ~MMAATTHEW OAKES Environmental Defense Section Environment and Natural Resources Division U.S. Department of Justice 999-18th Street, Suite 945 North Denver, CO 80202 Phone: (303) 312-7397 WILLIAM LEONE Acting United States Attorney District of Colorado STEPHEN D. TAYLOR Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0103 Fax: (303) 454-0404

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Attachment A

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BEACON POINT FILING 1 LEGAL DESCRIPTION KNOW ALL PEOPLE BY THESE PRESENTS, THAT THE UNDERSIGNED WARRANT THAT THEY ARE THE OWNER OF A PARCEL OF LAND SITUATED IN THE SOUTH EAST ONE QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF AURORA, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 20, THENCE SOUTH 00044'39'' WEST ALONG THE WEST LINE OF THE NORTH EAST ONE QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A DISTANCE OF 2653.27 FEET TO THE CENTER QUARTER OF SECTION 20, SAID LINE BEING THE BASIS OF BEARING. THENCE SOUTH 03°15'41" WEST A DISTANCE OF 356.18 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13°06'39'', A RADIUS OF 235.00 FEET, AN ARC LENGTH OF 53.77 FEET, A CHORD BEARING SOUTH 62°03'5 t" EAST AND A CHORD DISTANCE OF 53.66 FEET; THENCE ALONG A COMPOUND CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 07°37'01", A RADIUS OF 185.00 FEET, AN ARC LENGTH OF 24.59 FEET, A CHORD BEARING SOUTH 51 °42'01" EAST AND A CHORD DISTANCE OF 24.58 FEET; THENCE ALONG A REVERSE CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 07°37'01", A RADIUS OF 155.00 FEET, AN ARC LENGTH OF 20.61 FEET, A CHORD BEARING SOUTH 51°42'01" EAST AND A CHORD DISTANCE OF 20.59 FEET; THENCE SOUTH 55°30'32'' EAST, A DISTANCE OF 136.04 FEET, THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 84024'49", A RADIUS OF 118.00 FEET, .AN ARC LENGTH OF 173.85 FEET, A CHORD BEARING NORTH ¯ 82°17'04'' EAST AND A CHORD DISTANCE OF 158.55 FEET; THENCE NORTH 40°04'39'' EAST, A DISTANCE OF 81.64 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 86°49'08'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 22.73 FEET, A CHORD BEARING NORTH 03°19'55'' WEST AND A CHORD DISTANCE OF 20.62 FEET; THENCE NORTH 38030'00'' EAST, A DISTANCE OF 64.24 FEET; THENCE ALONG A NONTANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 93034'43'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 24.50 FEET, A CHORD BEARING NORTH 86°52'01" EAST AND A CHORD DISTANCE OF 21.87 FEET; THENCE SOUTH 49°55'21" EAST, A DISTANCE OF 64.00 FEET; THENCE ALONG A NONTANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 93°34'42'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 24.50 FEET, A CHORD BEARING SOUTH 06°42'42'' EAST AND A CHORD DISTANCE OF 21.87 FEET; THENCE ALONG A COMPOUND CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 03°39'17'', A RADIUS OF 768.00 FEET, AN ARC LENGTH OF 48.99 FEET, A

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CHORD BEARING SOUTH 55o19'42'' EAST AND A CHORD DISTANCE OF 48.98 FEET; THENCE SOUTH 57o09'20'' EAST, A DISTANCE OF 78.83 FEET; THENCE NORTH 32050'40'' EAST, A DISTANCE OF 186.41 FEET; THENCE NORTH 48o07'00'' EAST, A DISTANCE OF 189.00 FEET, THENCE NORTH 54043'48'' EAST, A DISTANCE OF 47.30 FEET; THENCE SOUTH 36°25'25'~ EAST, A DISTANCE OF 124.01; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 02°00'50'', A RADIUS OF 1032.00 FEET, AN ARC LENGTH OF 36.27 FEET, A CHORD BEARING NORTH 54035'00'' EAST AND A CHORD DISTANCE OF 36.27 FEET; THENCE NORTH 55035'25.' EAST, A DISTANCE OF 210.25 FEET; THENCE NORTH 51°46'34 EAST, A DISTANCE OF 30.07 FEET; THENCE NORTH 55o35'25'' EAST, A DISTANCE oF 11.50 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90°00'00'', A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.27 FEET, A CHORD BEARING NORTH 10o35'25'' EAST AND A CHORD DISTANCE OF 35.36 FEET; THENCE NORTH 51034'34'' EAST, A DISTANCE OF 114.28 FEET; THENCE SOUTH 34024'35'' EAST, A DISTANCE OF 1820.73 FEET; THENCE SOUTH 58o33'33'' WEST, A DISTANCE OF 57.18 FEET; THENCE SOUTH 34o24'35'' EAST, A DISTANCE OF 184.75 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGEL OF 38038'40'', A RADIUS OF 1050.00 FEET, AN ARC LENGTH OF 708.20 FEET, A CHORD BEARING SOUTH 15°05'15" EAST AND A CHORD DISTANCE OF 694.85 FEET; THENCE SOUTH 04o14'05'' WEST, A DISTANCE OF 307.96 FEET; THENCE NORTH 89°16'10'' WEST, A DISTANCE OF 2567.16 FEET TO A POINT ONTHE WEST LINE OF THE SOUTH EAST ONE QUARTER OF SECTION 20; THENCE SOUTH 00o45'00'' WEST, A DISTANCE OF 41.38 FEET TO THE SOUTH ONE QUARTER CORNER OF SECTION 20; THENCE NORTH 89°36'01'' WEST, A DISTANCE OF 12.29 FEET;. THENCE NORTH 02°13'14" WEST, A DISTANCE OF 41.57 FEET; THENCE NORTH 00°43'13'' EAST, A DISTANCE OF 2255.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 119.62 ACRES, OR 5,210,652 SQUARE FEET, MORE OR LESS, HAVE LAID OUT, PLATTED, AND SUBDIVIDED THE SAME INTO LOTS, BLOCKS, AND TRACTS AS SHOWN ONTHIS PLAT, UNDER THE NAME AND STYLE OF BEACON POINT SUBDIVISION FILING NO. 1 AND BY THESE PRESENTS DO HEREBY DEDICATE TO THE CITY OF AURORA, COLORADO FOR THE PERPETUAL USE OF THE PUBLIC, THE STREETS, AND EASEMENTS SHOWN HEREON AND NOT PREVIOUSLY DEDICATED TO THE PUBLIC.

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BEACON POINT FILING 2 LEGAL DESCRIPTION KNOW ALL PEOPLE BY THESE PRESENTS, THAT THE UNDER SIGNED WARRANT THAT THEY ARE THE OWNER OF A PARCEL OF LAND SITUATED IN THE SOUTH EAST ONE QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF AURORA, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 20, FROM WHICH THE CENTER ¼ CORNER OF SECTION 20" BEARS SOUTH 00°44'39'' WEST ALONG THE WEST LINE OF THE NORTH EAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A DISTANCE OF 2653.27 FEET, SAID LINE BEING THE BASIS OF BEARING; THENCE FROM SAID NORTH QUARTER CORNER OF SECTION 20, SOUTH 25027'35'' EAST, A DISTANCE OF 2918,99 FEET TO A POINT LYING ON THE RIGHT OF WAY OF POWHATON ROAD, SAID POINT BEING THE POINT OF BEGINNING. THENCE ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90000'00'', A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.27 FEET; A CHORD BEARING SOUTH 79024'35'' EAST AND A CHORD DISTANCE OF 35.36 FEET; THENCE NORTH 55035'25'' EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 63°11'05" EAST, A DISTANCE OF 75.66 FEET; THENCE NORTH 55035'25'' EAST, A DISTANCE OF 196.71 FEET; THENCE ALONG A TANGENT CURVE TO LEFT, HAVING A CENTRAL ANGLE OF 26027'24'', A RADIUS OF 368.00 FEET, AN ARC LENGTH OF 169.93 FEET, A CHORD BEARING NORTH 42o21'43'' EAST AND A CHORD DISTANCE OF 168.42 FEET; THENCE ALONG A COMPOUND CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 85008'47'', A RADIUS OF t5.00 FEET, AN ARC LENGTH OF 22.29 FEET, A CHORD BEARING NORTH 13026'22'' WEST AND A CHORD DISTANCE OF 20.30 FEET; THENCE NORTH 33°59'14'' EAST, A DISTANCE OF 64.00 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 31 °33'41", A RADIUS OF 368.00 FEET, AN ARC LENGTH OF 202.71 FEET, A CHORD BEARING SOUTH 71047'37'' EAST AND A CHORD DISTANCE OF 200.16 FEET; THENCE SOUTH 87034'27'' EAST, A DISTANCE OF 215.67 FEET; THENCE NORTH 02025'33'' EAST, A DISTANCE OF 311.42 FEET; THENCE SOUTH 48°13'25" EAST, A DISTANCE OF 31.06 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 93001'38'', A RADIUS OF 550.00 FEET, AN ARC LENGTH OF 893.00 FEET, A CHORD BEARING NORTH 85°15'46" EAST AND A CHORD DISTANCE OF 798.09 FEET; THENCE ALONG A REVERSE CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 53020'32'', A RADIUS OF 800.00 FEET, AN ARC LENGTH OF 744.80 FEET, A CHORD BEARING NORTH 65°25'13'' EAST AND A CHORD DISTANCE OF 718.19 FEET; THENCE SOUTH 87054'31" EAST, A DISTANCE OF

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596.93 FEET; THENCE SOUTH 71°03'17" EAST, A DISTANCE OF 361.41 FEET; THENCE SOUTH 29032'02'' EAST, A DISTANCE OF 157.68 FEET; THENCE SOUTH 30°59'19" WEST, A DISTANCE OF 926.26 FEET; THENCE SOUTH 12o13'42'' WEST, A DISTANCE OF 289.57 FEET; THENCE SOUTH 58%3'33" WEST, A DISTANCE OF 2060.98 FEET: THENCE NORTH 34o24'35'' WEST, A DISTANCE OF 1820.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 100.26 ACRES, OR 4,367,418 SQUARE FEET, MORE OR LESS, HAVE LAID OUT, PLATTED, AND SUBDIVIDED THE SAME INTO LOTS, BLOCKS AND TRACTS AS SHOWN ON THIS PLAT, UNDER THE NAME AND STYLE OF BEACON POINT SUBDIVISION FILING NO. 2 AND BY THESE PRESENTS DO HEREBY DEDICATE TO THE CITY OF AURORA, COLORADO, FOR THE PERPETUAL USE OF THE PUBLIC, THE STREETS AND EASEMENTS SHOWN HEREON AND NOT PREVIOUSLY DEDICATED TO THE PUBLIC.

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BEACON POINT FILING 3 LEGAL DESCRIPTION KNOW ALL PEOPLE BY THESE PRESENTS, THAT THE UNDERSIGNED WARRANT THAT THEY ARE THE OWNER OF A PACREL OF LAND SITUATED IN THE SOUTH EAST ONE QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINICIPAL MERIDIAN, CITY OF AURORA, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN SECTION 20, TOWNSHIP 5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF AURORA, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 20; THENCENORTH 89058'40'' EAST ALONG i'HE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 A DISTANCE OF 2302.74 FEET; THENCE SOUTH 00048'46'' WEST A DISTANCE OF 78.77 FEET; THENCE NORTH 89°11'14" WEST A DISTANCE OF 66.98 FEET; THENCE ALONG A TANGENT CURVE TO LEFT HAVING A CENTRAL ANGLE OF ¯ 14053'14'', A RADIUS OF 750.00 FEET, AN ARC LENGTH OF 194.87 FEET, A CHORD BEARING OF SOUTH 83022'09'' WEST AND A CHORD DISTANCE OF 194.33 FEET; THENCESOUTH 20°47'53" WEST A DISTANCE OF 255.46 FEET; THENCESOUTH 43°15'21" WEST A DISTANCE OF 328.99 FEET; THENCENORTH 90000'00'' WEST A DISTANCE OF 208.90 FEET; THENCEALONG A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 43°26'33'', A RADIUS OF 750.00 FEET, AN ARC LENGTH OF 568.66 FEET, A CHORD BEARING OF SOUTH 02°19'30" EAST AND A CHORD DISTANCE OF 555.14 FEET; THENCESOUTH 24002'47'' EAST A DISTANCE OF 659.46 FEET; THENCEALONG A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 24°10'38'', A RADIUS OF 545.00 FEET, AN ARC LENGTH OF 229.97 FEET, A CHORD BEARING OF SOUTH 36°08'06" EAST AND A CHORD DISTANCE OF 228.27 FEET; THENCESOUTH 48°13'25" EAST A DISTANCE OF 201.39 FEET; THENCESOUTH 02°25'33" WEST A DISTANCE OF 311.42 FEET; THENCENORTH 87034'27'' WEST A DISTANCE OF 215.67 FEET; THENCEALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 31°33'41'', A RADIUS OF 368.00 FEET, AN ARC LENGTH OF 202.71 FEET, A CHORD BEARING OF NORTH 71047'37'' WEST AND A CHORD DISTANCE OF 200.16 FEET; THENCESOUTH 33°59'14" WEST A DISTANCE OF 64.00 FEET; THENCEALONG A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 85°08'47'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 22.29 FEET, A CHORD BEARING OF SOUTH 13026'22" EAST AND A CHORD DISTANCE OF 20.30 FEET; THENCEALONG A TANGENT CURVE TO THE LEtST HAVING A CENTRAL ANGEL OF 26°27'24'', A RADIUS OF 368.00 FEET, AN ARC LENGTH OF 169.93 FEET, A CHORD BEARING OF SOUTH 42°21'43" WEST AND A CHORD DISTANCE OF 168.42 FEET;

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THENCE SOUTH 55035'25" WEST A DISTANCE OF 196.71 FEET; THENCE SOUTH 63°1 l'05" WEST A DISTANCE OF 75.66 FEET; THENCE SOUTH 55035'25'' WEST A DISTANCE OF 12.00 FEET; THENCEALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 90°00'00'', A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.27 FEET, A CHORD BEARING OF NORTH 79024'35'' WEST AND A CHORD DISTANCE OF 35.36 FEET; THENCE SOUTH 51034'34'' WEST A DISTANCE OF 114.28 FEET; THENCEALONG A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 90°00'00'', A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.27 FEET, A CHORD BEARING OF SOUTH 10035'25'' WEST AND A CHORD DISTANCE OF 35.36 FEET; THENCESOUTH 55035'25'' WEST A DISTANCE OF 11.50 FEET; THENCESOUTH 51046'34'' WEST A DISTANCE OF 30.07 FEET; THENCESOUTH 55035'25'' WEST A DISTANCE OF 210.25 FEET; THENCEALONG A TANGENT CURVE TO RIGHT HAVING A CENTRAL ANGEL OF 02°00'50'', A RADIUS OF 1032.00 FEET, AN ARC LENGTH OF 36.27 FEET, A CHORD BEARING OF SOUTH 54035'00'' WEST AND A CHORD DISTANCE OF 36.27 FEET; THENCE NORTH 36o25'25'' WEST A DISTANCE OF 124.01 FEET; THENCESOUTH 54°43'48'' WEST A DISTANCE OF 47.30 FEET; THENCESOUTH 48007'00'' WEST A DISTANCE OF 189.00 FEET; THENCESOUTH 32o50'40'' WEST A DISTANCE OF 186.41 FEET; THENCENORTH 57o09'20'' WEST A DISTANCE OF 78.83 FEET; THENCEALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 03°39'17'', A RADIUS OF 768.00 FEET, AN ARC LENGTH OF 48.99 FEET, A CHORD BEARING OF NORTH 55° 19'42" WEST AND A CHORD DISTANCE OF 48.98 FEET; THENCEALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 93°34'42'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 24.50 FEET, A CHORD BEARING OF NORTH 06042'42'' WEST AND A CHORD DISTANCE OF 21.87 FEET; THENCENORTH 49°55'21" WEST A DISTANCE OF 64.00 FEET; THENCEALONG A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 93°34'43'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 24.50, A CHORD BEARING OF SOUTH 86°52'01" WEST AND A CHORD DISTANCE OF 21.87 FEET; THENCESOUTH 38o30'00'' WEST A DISTANCE OF 64.24 FEET; THENCEALONG A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 86°49'08'', A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 22.73 FEET, A CHORD BEARING OF SOUTH 03°19'55" EAST AND A CHORD DISTANCE OF 20.62 FEET; THENCESOUTH 40004'39'' WEST A DISTANCE OF 81.64 FEET; THENCEALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 84°24'49'', A RADIUS OF 118.00 FEET, AN ARC LENGTH OF 173.85 FEET, A CHORD BEARING OF SOUTH 82°17'04" WEST AND A CHORD DISTANCE OF ] 58.55 FEET; THENCENORTH 55%0'32" WEST A DISTANCE OF 136.04 FEET; THENCEALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 07°37'01 ", A RADIUS OF 155.00 FEET, AN ARC LENGTH OF 20.61 FEET, A

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CHORD BEARING OF NORTH 51042'01" WEST AND A CHORD DISTANCE OF 20.59 FEET; THENCEALONG A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 07°37'01 ", A RADIUS OF 185.00 FEET, AN ARC LENGTH OF 24.59 FEET, A CHORD BEARING OF NORTH 51 °42'01" WEST AND ACHORD DISTANCE OF 24.58 FEET; THENCEALONG A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGEL OF 13°06'39'', A RADIUS OF 235.00 FEET, AN ARC LENGTH OF 53.77 FEET, A CHORD BEARING OF NORTH 62°03'51" WEST AND A CHORD DISTANCE OF 53.66 FEET; THENCENORTH 00°43'13" EAST A DISTANCE OF 356.84 FEET; THENCENORTH 00042'43'' EAST A DISTANCE OF 2652.03 FEET TO THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20; THENCENORTH 89°58'38'' EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 17.28 FEET TO THE POINT OF BEGINNING. CONTAINING 118.37 ACRES, OR 5,156,133 SQUARE FEET, MORE OR LESS.

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Attachment B

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ii

EXHIBIT
PROPERTY DESCRIPTION
A PAROEL OF LAN0 LOO~I'ED IN A PORTION OF S~CTZON .,!~, TOWNSHIP .5 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF" AURORA, COUNTY OF ARAPAHO£, STATE OF COLORADO, B~ING MORE PARTICULARLY D£SO~BED AS FOLLOWS: BASIS OF B'ULRJNGS: THE: NORTI4ERI.Y LIf~ OF THE NORTH'd~ST QUARTER OF" SECTION 35. TOWNSHIP 5 SOUTH, RAN~ 65 WEST OF THE SIXTH PRINC/PAL MERIDIAN BEARS S a9"50"18" E: B[GZNNING AT THE NORTHWEST C~NER OF SAID SECTION .3~; THENCE $ B9"50"]8" F.. ALONG- THE NORTHERLY UNE OF' THE NORTHWEST OUAR'ER OF SAID S~CTION .~.3. A D~TANCE OF 2651o04, F'ET TO THE NORTH OUARTER CORNER OF' SAID S~CTION 3`3; THENCE S Bg'49'48" E, ALONG THE NORTHERLY UNE OF THE NORTHEAST OUARTER OF" SND ~:CTION .~3, A DISTANCE OF 26&2,08 F~T TO THE NORTHEAST CORNER OF SND SECTION .~3; TH=N~ S 00°54'16° W, ALONG THE EASTERLY UN( OF THE NORTHEAST OUARTER OF" SAID SEC'nON 33, A DiSTANCe' OF 2640.51 FEET TO THE EAST OUARTER CORNER OF SAID SECTION 33: THENCE ,S 00"54'12" W. ALONC .THE EASTERLY LINE OF THE SOUTHEAST OUARTER OF SAID b'~CTION33, A 0ISTANC~ OF 26,0,41 IrO~T TO THE SOUTHEAST CORNER OF SAi0 SECTION 33; THENCE S 8g=59'28" W. ALONG THE SOUTHERLY UNE OF THE SOUTI-ft'AST QUARTER QF SAID SECTION 3`3, A DISTANCE OF 2640.2D FEET TO THE SOUTH OUARTER CORNER OF SAID SECTION 3;3; THENCE N 89"59'5." W, ALONG THE SOUTHERLY UNE OF THE SOUTHWEST QUARTER OF SAID SECTION .3,3. A DISTANC~ OF 252a.56 FI~T TO THE EA5TERLY RIGHT-OF-WAY C~ SMOKY HILL ROAD AS DEDICATED BY THE PLAT OF STAG~ RUN FLUNG NO. 1 UNDER RECEPTION NUMBER 2445324 OF THE ARAPAHO[ COUNTY RECORD.~ THENCE ALONG SAID EASTERLY,RIGHT-OF--WAY QF SMOKY HILL ROAD THE FOLLOV~NG TWO (2) COURSES: . .. I. N 00"27'23" E, A DIST~UVCE ~0r" 24.15.86 F'~ET: 2. N 2,~'01'01" W, A OISTANC:~ ~OF 282.43 FEET TO THE WESTERLY LINE OF" THE NORTHWEST ouARTEI~ OF SAID : SEC:TION ..~; : , J~,IENC~ N 00"26'27" £. ALONG SAID WESTERLY UNE O; THE NORTHWEST QUARTER OF SECTION 33, A DISTANCE OF 2617.16 FE[T TO THE POINT OF BEGINNING: CONTAINING AN AREA OF" 27,751.46.3 SOUARE FEET OR 6`37.086 ACRES. MORE OR LESS.

SURVEYOR'$ CERTIFICATE
I HEREBY C~RTIIPY THAT THE ATTACHED PROPERTY DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERViS]0N AN0 IS ACCURATE TO THE BEST 0F MY KNOW~_EDC~ AND BF'U-~:'.

GARY FASF.J.T, PLS 25942 FOR AND ON BEHALF OF STANT~C CONSULTING INC..

.......

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Stante¢

Sh, nt~. Consu~ng In:, 2~35 5ou~ Cherry SL Sb= 3~0~ Oan~er, CO 8~2~2 TI~. 303.7.58.40..~ Fm~ 3~3.75B.482S m,st~ntlc.c~n

No.:
1870 C~O00~

EXHIBIT
A PORTION OF" SEC 3`3 T 5 S, R 65 W, 6TH PM COUNTY OF ARAPAHO[ STATE OF COLORADO " DA?~.:

~2/~/m
I~" ! OF2

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EXHIBIT

29 32

THIS EXHIBIT OO~ NOT REPRESENT A MONUMENTED SURVEY, IT IS INTENDED ONLY TO DEPICT THE ATTAC'---_-D DESCRIPTION.
PRoJE"" ~O.~

.... 8~mnl~ Con.sulUng Inc. 2135 South Chert',/ 5l. Sl~ 310 t>et~, CO 8O222 TeJ. 503.7,,',~.40~ FQ=. 303.758.4.83.8, m.s~nh~..~n

EXHIBIT
A PORTION 01:" SEC 33 T 5 5. R 65 W. 6TH PM COUNTY OR ARAPAHO~ STA~ OF COLORA00

870 DOOOl i 12/12/01
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