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Home My WebLink About20082174.tiff • . original parcel. One copy of an existing easement or dedicated right-of-way when it is contiguous to an easement or right-of- way of the proposed PUD. One copy of an Erosion Control Plan (if required at Sketch Plan). One copy of deed or legal instrument identifying applicant's interest in the property. Signatures of all fee owners of property must sign this application or if an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has legal authority of the partnership to sign for the corporation or partnership of corporation to do business in the State of Colorado. Application fee (see front page). Investigation fee, if required (see front page). One each of the application, Sketch Plan Summary, Change of Zone Plat map, Development Guide, Road Access Information, and Cluster narrative (if applicable) shall be collated into twenty-five (25) complete application packets and bound with binder clips or paper clips only.The original copies shall be placed in one packet. Applications bound in any other fashion than binder or paper clip will be returned to the applicant without review. All maps are to be folded to 9" by 12" and included with each individual packet. Additional required information shall be kept separate to be collated by Planning Staff. • PLANNED UNIT DEVELOPMENT (PUD)CHANGE OF ZONE APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED 1 Q Co ( O 40 % Coo O 1O Parcel Number (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required.attach an additional sheet) • EXHIBIT 2008-2174 1 4s- 3 Legal Description Lo-I- 43 RE, 10 lo -01,- RC-4OSection lo , Township 4- North, Range L13West Property Address(If Applicable) 862 le &k-n c A-%uj. IpO 1Ove.I&v d rn . X053- • Existing Zone District : A5. _Proposed Zone District: e • Total Acreage: 31 .1 Proposed #/Lots S Average Lot Size: 4.� •AC. Minimum Lot Size: c9 .9 -Ac. Proposed Subdivision Name: &k v-o_a,l.R.U'TO, Proposed Area (Acres) Open Space: 1-10 •Ac• Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: ckYo-ag. L\vl "Tv- 1 toctave - . ZC..I�vctc�e IV-k. 4ce Work Phone# � N ome Phone# csa -9662 Email Address O Address: a ,c)OC, I.JC_12 3 City/State/Zip Code LOvUa.v\.ck '_C) . f3053-1 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany appications signed by Authorized Agent) Name: Ail 1k anCV COY SuleRv a ,Tosv-e cS(nl.-Q Q DV Sk< lltv) Asaktv.lore.nro Work Phone# -AO 3-1 Home Phone le Em ail Address SInfllry� ico*kv- •ne-+ Address: 11 4 E. ` 4- . JJ City/State/Zip Code Lovflny d CO . X03 UTILITIES: Water: L-TtAfD Sewer: can-ti c Gas: X.(-e.-1 • Electric: • XCt� Phone: Qwr 4k' DISTRICTS: School: Ttnow.p5ovi -Qc —� Fire: �1vdLt� mac{ Post: Love(st d I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County, Colorado: /1 Signat� wner or Authorized g uts, l n2(23�0(a 5 O(/J Signatu or Authorized Agent Date ig ature: Owner or Authorized ent Da PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT SUBMITTAL C CKLIST The Planned Unit Development Final Plat is the third and final step of the Planned Unit Development process.In order to proceed with the PUD Final Plat application,the site must be located within a PUD Zone District. The Department of Planning Services shall be responsible for processing all PUD Final Plat applications in the unincorporated areas of Weld County in accordance with Section 27-7-40 of the Weld County Code. The Department of Planning Services shall schedule a public meeting for the applicant with the Weld County Utility Coordinating Advisory Committee. It is recommended that the applicant attend all hearings scheduled for the Final Plan application in order to present the proposal and answer questions of the governing bodies. • The Department of Planning Services may request additional information,application packets and/or fees that will aid in the review of the Final Plat application. -7- May 02 08 08: 34a David 9701 330-2354 p. 1 • April 30,2008 Board of County Commissionsers 915 10a'Street Greeley,CO 80631 Re: Schrage P.U.D. Honorable Commissioners: The referenced development proposal was originally submitted nearly two years ago, on behalf of our client,Mr.Ted Schrage. At the time of its first hearing it was delayed to provide opportunity to clarify a neighbor's claim to a portion of the property.. That claim was based upon an old(1870)Federal grant for a reservoir,which was subsequently never constructed. In the intervening time,it has been determined and haled by the courts that the claimants have no interest in the contested parcel. This is substantiated by the Quiet Title Decree and Quit Claim Deed,copies of which have been submitted to the Planning • Staff. The original submittal was referred to the appropriate reviewing agencies,and is in compliance with their comments. Submittal documents have been updated as required and given to the staff. The plan submittal remains the same as originally considered. Thus,assuming the Change of Zone application is approved by you,we hereby request that you also approve the Staff Review and Approval process for final action on the Final Plat documents,which will be submitted following this action. We appreciate both your consideration of the Change of Zone request and our request for the expedited Final Plat approval process. Respectfully submitted, J.L. Alter Consulting1 )1 0-r--/24y7 .2- J.15037 ave Shupe, tanner cc:Ted Schrage • • SC r_ ►'r 1` _ U .B, `� i-9-'14-4 . �7o. /off / 06 - ) ‘ P i71, u1. 'C Coim r eiliatae 4rL�r' T • i', 1E,iv,,. ..suir/. ‘ .----N. n \vs Lyi _ 1 c, N4 __f ESTATES 'do.ra.e�•.�ea d Ra uA4 rhea, -et (-I--c0-l-n4A-e /J" • aa-c-A.C �d a.4-ft 117 ruse- , trirta L MAY-13-2008 TUE 10:37 AM FAX NO. F. 01/01 Report Date:05/13/2008 10:37AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE • SCHEDULE NO:R4229406 ASSESSED TO: SCHRAGE LIVING TRUST 23505 CR 3 LOVELAND, CO 80537 -,- LEGAL DESCRIPTION: PT E2NE4 6-4-68 LOT B REC EXEMPT RE-4042(2D7RES)SITUS:866 60 HWY WELD 000000000 PARCEL: 106106100010 SITUS ADD: 866 60 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 TAX 1,365.56 0.00 0.00 800.84 2007 SENIORNETERAN EXEMPTION 564.72 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/13/2008 0.00 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2385- Authority Mill Levy Amount Values Aatu tl Assessed WELD COUNTY 16.804" 294.24 AGRICULTURAL 8,0, Ei 2,350 SCHOOL DIST R2J 41.657 729.41 AGRICULTURAL 2,3 U 680 NCW WATER 1.000 17.51 AGRICULTURAL 161,9: Ei 14,480 LTW WATER 0.000 0.00 -- --- - BERTHOUD FIRE 13.774 241.18 TOTAL 192,3: E 17,510 BERTHOUD FIRE(BOND 2014) 1.500 26.26 WELD LIBRARY 3.253 56.96 SENIOR HOMES 90,9 EI 7,241 TAXES FOR 2007 77.988' 1,365.56 NET TOTAL 101,31 C 10,269 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIE eLHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OPPIC!W _,.NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOME AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LION SAL!REDEMPTION AMOUNTS MUST FIE PAM BY CASH OR CASHIE tii CHECK. • P.O.Box 458 Greeley,CO 80632 (970)353-3845 ext,3290 I di �� I I' Q' 9 I • WELD COUNTY TREASURER • Pursuant to the Weld County Subdivision Ordinance, the attached State) ;q;nt(s) of Taxes Due,issued by the Weld County Treasurer,are evidence that, as of thj date, • • all property taxes, special assessments and prior tax liens currently due and pay ale connected'with the parcel(s)identified therein have been paid in full, f • Signecj/Jj y� ,.rA.3, Date APR-07-2006 FRI 10:26 AM FAX NO. P. 01 • WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Sta ement(s) of Taxes Due, issued by the Weld County Treasurer, are Evidence that, as of this date, all property taxes, special assessments and pri r tax liens currently due and payable connected with the parcel(s) ide tified therein have been paid in full. r Si ed ka..A145 Date 4—)17 10c0 • • APR-07-2006 FRI 10:26 AM FAX NO. P. 02 Report Date: 04/07/2006 10:05AM WELD COUNTY TREASURER Page:1 STATEMENT OF TAXES DUE • SCH EDULE NO:R0527801 ASSESSED TO: SCH RAGE LIVING TRUST 23505 COUNTY ROAD 3 LOVELAND,CO 80537 LEGAL DESCRIPTION: PT E2NE4 6-458 LOT B REC EXEMPT RE-2509(.69R4D7RES)SITUS: 866 60 HWY WELD 0 PARCEL: 106106000088 SITUS ADD: 866 60 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 3,377.84 0.00 0.00 3,377.84 0.00 TOTAL TAXES 0.00 GRAND-'OTAL DUE GOOD THROUGH 04/07/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2385- Authority MITI Levy Amount Values Actual Assessed WELD COUNTY 17.900 778.10 AGRICULTUR 9,065 2,630 SCHOOL DIST R2J 40.250 1,749.67 AGRICULTUR 12,823 3,720 NCW WA-ER 1.000 43.47 AGRICULTUR 466,320 37,120 LTW WATER 0.000 0.00 - - BERTHOUD FIRE 13.774 598.76 TOTAL 488,208 43,470 BERTHOUD FIRE BOND 1.500 65.21 WELD LIBRARY 3.281 142.63 SR EXEMPT 0 0 TAXES FOR 2005 77.705 3,377.84 NET TOTAL 488,208 43,470 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES; PERSONAL PROPERTY AND MOBILE HOMES•AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. . P.O.Box 458 Greeley,CO 60632 (970)353-3845 ext.3290 0 APR-07-2006 FRI 10:26 AM FAX NO. P. 03 WELD COUNTY TREASURER Page: 1 Report Da : OM071200610:05AM STATEMENT OF TAXES DUE SCH RULE NO:W0022804 ASS SSED TO: SCH GE LIVING TRUST 2350 COUNTY ROAD 3 LOV ELAND,CO 80537 LEGAL DE CRIPTION: 4AF PT E2 E4 6 4 68 LOT 6 REC EXEMPT RE-2509 PARCEL: 106106000088 SITUS ADD: TAX YEAR ASSESSMENT ASMT AMOUNT INTEREST FEES PAID TOTAL DUE 2005 7810 32.80 0.00 0.00 332.80 0.00 0.00 TOTAL ASMT GRAND OTAL DUE GOOD THROUGH 04/07/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 7110• essed Authority Mill Levy Amount Values Actual Assessed NORTHER COLORADO WAjR 1000,000 0.00 TOTAL 0 0 TAXES FOR 2005 1000.000 0.00 NORTHE COLORADO WATER 32.80 ALL TAX LIE SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADY 'RTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTE PRIOR TO REAL PROP RTY•AUGUST'', TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BYAFTER THE FOLLOWING DATES: PERSONAL PROPERTY JCASH D MOBILE CASHIERS CHECK 1, P.O.Box 58 Greeley, 0 80632 (970)353. 845 ext.3290 • • ACCOUNT# R0527801 REAL ESTATE PROPERTY TAX NOTICE WELD COUNTY TREASURER t/ PARCEL# 106106000088 2004 TAXES DUE IN 2005 1a s• TAX DISTRICT 2385 P.O.BOX 458vane 6 - GREELEY,CO 80632-0458 W�NYc. p1L..aUTH•-frY TAX LEVY TEM raxc E'IT GENE-AL TAX VALUATI•N ACTUAL ASSESSE• I WELD COUNTY 22.038 2.081 913.23 LAND 9,906 2,880 I WELD LIBRARY 3.249 148.67 IMPROVEMENTS 504,593 42,880 SCHOOL DIST R21 42.687 1,953.36 TOTAL 514,499 45,760 NCW WATER 1.000 45.76 BERTHOUD FIRE 13.774 630.30 BERTHOUD FIRE BOND 1.500 68.64 TOTAL NET LEVY—> 82.167�1�.. 3,759.96 GRA�yI I 3,759.96 MESSAGES �,++ Citizens who are 65 as of January I,2005 and who have I owned and occupied their homes as their primary residence for 10 years may be eligible for the Senior Property Tax y APR ,r a [20{j05 Exemption. Please contact the Assessor's Office at(970) APR I 353-3845 to request an application. I Individuals currently receiving the exemption do not need WELD CJJri `: TREASURE4 to reapply. PER WATER FEES ON THIS ACCOUNT SB 25-In absence of State Legislative Funding, , your School Genera!Fund rillrilllevy would have been 77.129 / _ •ESC• TI•N•F •-E-TY/' Un-aid •ri•[tlear,texes: PT E2NE4 6-4-68 LOT B REC EXEMPT RE-2509(.69R4D7RES) 866 60 H WY WELD 0 Contact Treasurers Office immediately if a number appears above. PAYMENT DUE DATE AMOUNT I FIRST HALF FEB 28,2005 1,879.98 II SECOND HALF JUN 15,2005 1,879.98 MAY 02,2005 . orRTY LOCATION 566 60 HWY WELD 0 • Make Checks Payable To: SCHRAGE LIVING TRUST WELD COUNTY TREASURER SEE IMPORTANT INFORMATION ON BACK. :3505 COUNTY ROAD 3 THE TREASURER'S OFFiCE IS REQUIRED BY LAW TO SEND LO�ELAND.CO 80537 THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. RETAIN TOP PORTION FOR YOUR RECORDS 0 ACCOUNT# W0022804 WATER PROPERTY TAX NOTICEPAR WELD COUNTY TREASURER TAXEL#ISTRICT X161006000088 2004 TAXES DU:IN 2005 P.O.BOX 458 It t•w 67 GREELEY,CO 80632-0458 ■'MDC • _ CCLORAMJ AUTH•-ITY TAX LEVY TEM TAX CFE•IT GENE-AL TAX VALUATI•N ACTUAL ASSESSE• 1.00 TOTAL NET LEVY-> 0.00 NORTHERN COLORADO WATER 32.40 GRAND TOTAL 32.40 I I T' I Citizens who are 65 as of January I,2005 and who have , R ��^ owned and occupied their homes as their primary residence APR1 (d for 10 years may be eligible for the Senior Property Tax I Exemption. Please contact the Assessor's Office at(970) 353-3845 to request an application. WELD COUNTY r ^. NTY Ti r"SUREiR I Individuals currently receiving the exemption do not need PER to reapply. Z .59 25-1-.abe-:e of State Legislative Funding, . __lee- _,. .^a...iff ievywould hove been ,. ms.,.c '+ m-C'� <LEGAL IESG-I TI•M•FP •' -TY Un•ai• • . Year taxes 4AF PT E2NE4 6 4 68 LOT B REC EXEMPT RE-2509 I Contact Treasurers Office immediately it a number appears above. •AYMENT •UE •ATE AM•UNT I FIRST HALF FEB 28,2005 16.20 SECOND HALF JUN 15,2005 16.21 _ ME i • MAY 02,2005 32.40 j PR�TY LOCATION: III I Make Checks Payable To: SCHRAGE LIVING TRUST WELD COUNTY TREASURER 2 505 COUNTY ROAD 3 SEE IMPORTANT INFORMATION ON BACK. THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND LOA ELAND,CO 80537 THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. P_TaFN TOP POPTION FOR,OUR RECORDS • B3/B6/Lt1Ub tB:17 17/Ubb7bi7b mularlturtjQIIINia rwut uc If • • • March 6, 2006 li Mr. David Shupe J.L. Walter Consulting 114 E. 5`h Street Loveland,CO 80537 RE: Schrage P.U.D. Dear Dave, We have reviewed the P.U.D. Sketch Plan and Rezoning Plat for Lot B of Recorded Exemption, 1061-06-1 RE 4042. We accept the design layout to access our existing wells via the new proposed access to the PUD, and then across the existing ditch onto the existing 30-foot easement and oil well access: road approximately 400 feet south of State Highway 60. Mr. Ted Schrage will be responsible for designing and the cost of installing an 18-inch culvert under that access crossing. It shall be designed in accordance with Magpie's specifications for handling heavy equipment. The design shall be reviewed and approved by Magpie Operating, • Inc. There shall continue to remain a 150-foot radial setback from the existing well, separator and! storage tank. With no access restrictions we find no other problems with the PUD. Thank you, $y�rt Warner Vice President Magpie Operating, Inc. • UJIVO/LUVU VV.SJ 1J(VVVJOJJV MRY-26-c'0ee 1C'13A FROMITrAGPI OPERATING, IN 13039710658 Tj97G66%396 P.1 MAGPIE OPERATING, INC. • MAGPIE OIL FIELD SUPPLY MAGPIE OIL FIELD SERVICES LOVELAND GAS PROCESSING COMPANY FAX TRANSMITTAL TO 5P1f.1ley DATE: 3/6/06 -_ TELECOPY NUMBER: 9- ZU3 'Ili 7 FROM. jc.r. gr.u.r COMMENTS: ,,,h • • THIS TELECOPY CONSISTS OF h PAGES,INCLUDING PUS COVER SHEET MAGPIE OPElLATINC;INC. 2707 S.COUNTY ROAA.11 LOVELAND,CO 0083? ' 303478.1 147 FAX 303 971.0658 MAGPIE OIL FIELD SUPPLY MAGPIE OIL FIELD SERVICES LOVELAND OAS PROCESSING COMPANY 2 707 S.COUNTY ROAD I I LOVELAND,CO 60537 970.669.6306 MX 970.6694394 303.395.3050 • rage i or i • • Shelley Aschenbrenner • From: Ryan Warner[magpieoil@yahoo.com] Sent: Monday, February 06, 2006 1:42 PM To: shelley@jlwalter.net Subject: Re: Schrage Property Shelley, Sounds great. With no access restrictions we find no other problems with the PUD. Out of personal interest, if you dont mind. What are the price range on these lots once completed? Thank you, Ryan Warner Shelley Aschenbrenner<sheley@jlwalter.net>wrote: James, I talked to our engineer and he said there will be an 18 inch pipe under that crossing. He has no problem designing the crossing to hold heavy equipment. • I am faxing the letter stating that the ditch has been abandoned. We will use it for storm run-off for Schrage's development however, thus the crossing and pipe. Please feel free to call with any further questions. Thanks, Shelley Aschenbrenner JL Walter Consulting (970) 613-2037 Yahoo! Mail -Helps protect you from nasty viruses. • 2/17/2006 . • • • • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 January 3, 2006 James M. Warner,President Magpie Operating,Inc. 2707 S County Rd 11 Loveland, CO 80537 RE: Schrage P.U.D. Dear James, We are sending you an updated layout of the Schrage P.U.D. plan. We have made an adjustment to the roadway and omitted a lot from the plan. We are also including the letter previously • provided by your company for our submittal. We are requesting that you please review the updated plan and provide us an updated letter for our resubmittal package. Please feel free to call with any questions. Very truly yours, JL Walter Consulting Shelley 4scJenbrenner, CAD Technician For JL W tier Consulting cc Ted Schrage • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 Schrage PUD Development Guide This development is a rural residential PUD and should be seen in that light. Components of the Guide will be addressed herein in the order shown in Article VI of the Weld County Code. Component A—Environmental Impacts As stated above, this is a rural residential proposal, with single-family detached residences on 3+ acre lots. No significant impacts from noise vibration, smoke, dust, odors, heat, light or glare consistent with residential uses in rural areas are anticipated. The visual and aesthetic impacts are similarly envisioned, although unusually deep setbacks from State Highway 60 and from the adjacent subdivision to the east are shown on the proposed plat. There is no use proposed for this development which would be a source of electrical interference on adjacent or nearby properties. • It is proposed that the open spaces provided will be utilized primarily for grazing or other agricultural uses, as the property is now. Storm runoff will be routed overland to the existing abandoned irrigation ditch along the east edge of the property as it is now. Thus, water pollution should remain unaffected by this development. Wastewater disposal is proposed to be accommodated by use of septic systems. Percolation rates are shown in the soils report, and are within the acceptable range for standard system design. There is no public sewer system available in proximity to this site. No wetlands were defined by our study, so none is being removed by this development. The aforementioned abandoned ditch and its environs are protected by the 100-foot setback required by the Colorado Division of Wildlife, as requested in an earlier review of the concept plan. Erosion and sedimentation are not highly significant in this type of soil. Slopes are minimal as existing and proposed. This proposal requests a variance from the curb & gutter requirements to further mitigate against concentrated flows which tend to create erosion potential. Excavating, filling and grading will by quite minimal, given the adequate slope of the property for the roadway, and the large sizes of the lots. No drilling, ditching, or dredging are proposed as part of this development, other than fence post holes and small feeder irrigation ditches on individual lots. • • • Air pollution is anticipated to be no greater than at the present use. The road is proposed to be paved. As noted, the open space uses are anticipated to remain essentially as pastures, as the use is now. Solid waste removal is anticipated to be provided by a regulated trash handling service. The large setback along the abandoned irrigation ditch is intended to mitigate against removal of the wild birds that use the old trees as roosting or nesting areas. The birds are the only significant wildlife observed on the property. The pasture grass currently on the property will be disturbed as minimally as possible to construct the road and water line improvements, and the other public utility lines. No radiation or radioactive materials are contemplated or detected on the site. The potable water source is the Little Thompson Water District. It has issued a letter of intent to serve,which is included in this submittal package. Traffic impacts are obviously minimal, given the scale of the project. On-site inspection by CDOT requested the alignment of the access point on State Highway 60 with Larimer County Road 11 from the north. The school district specifically requested that no bus turnout be supplied, and trip generations anticipated by the traffic study do not show the need for accel- decel or other auxiliary lanes. Additionally, right-of-way for the highway will be granted, as • shown on the plat. Component B—Service Provision Impacts According to the school district, there is to be no turnout for pickup of children on Hwy. 60. A bus shelter will be provided on the outlot adjacent to the right-of-way. The number of students anticipated from this development is minimal and can be accommodated by the District facilities currently in place. The sheriff's department comment was that they have no additional capabilities at this time. However, they have requested additional funds in next year's budget, and only the existing house on Lot 5 is expected to be occupied prior to that budgeting period. Fire protection is available currently, and access to existing building will be enhanced by construction of the proposed road improvements. Ambulance service will likewise be enhanced. Access to this PUD is via Colorado State Highway 60, which is currently more than adequate. However, in response to the CDOT request, additional right-of-way for future widening will be dedicated as a part of this submittal. A traffic memorandum is part of this submittal. A drainage report is a part of this submittal. The required letters from utility suppliers are also attached, including the commitment from Little Thompson Water District. 1111 As noted above, each lot is to have its own septic system. Data supporting the ability of the site • to support septic systems is shown in the soils report. Plans for the internal road are included in this submittal. However, the extremely low density of this subdivision, and its appearance as a rural residential area, coupled with drainage problems which would be created by conventional curb and gutter edge treatment, dictate that we ask for a variance from that particular requirement. As there are no connecting walkways within several miles of this project, sidewalks would not provide any specific benefit to the County either. Component C—Landscape Elements Because of the rural nature of the development, no urban-scale landscaping is contemplated. Landscaping of the individual residences will be the responsibility of each lot owner. Any landscaping outside of building envelopes is to be minimal, and in keeping with agricultural use of the land. As previously stated, the existing trees along the east property line will be preserved in their natural state, as requested by the Colorado Division of Wildlife. Component D—Site Design This PUD is intentionally minimalistic in design concept in keeping with the rural nature of the surrounding area, including the Garcia PUD just to the east of it. The abandoned irrigation ditch which lies between the two PUD's will be preserved in its native state. Thus, is will continue to provide the natural drainage channel for this development, as well as the habitat for wildlife it • also provides. As preferred by the County, any development within 'A mile of another development must be a PUD. In our opinion this development does not propose any inconsistency with the general intent of the PUD Zone District or any conflict with other land uses. This property is not located within any flood, geological hazard or airport overlay district. Component E—Common Open Space Usage As configure, this proposal provides 25% of its area as open space. Additionally, building envelopes on each lot will preserve large amounts of privately owned and maintained visual open space. The common open space shown on Outlot A includes an oil well site and its access and pipe, a pumping site for providing irrigation water to the site adjacent to the South and an irrigation easement for a ditch, which currently serves properties to the north of this site, across Hwy. 60, all of which are intended to be preserved. These uses will be recognized in the Homeowner's Association documents, and are shown on the plat. The Homeowner's Association documents will be will be prepared in accordance with the open space regulations noted in this section. The use of the primary open space is anticipated to be for common open pasture, as is the present use. Outlot B, which contains the school bus shelter will be maintained by the proposed Association, as will any required maintenance of the common pasture area, Outlot A. • • • Component F—Signage No signage is contemplated for this PUD other than a subdivision entry sign, street name sign and traffic regulatory sign and traffic regulatory signs, as required. The subdivision entry sign shall be designed and submitted for review in accordance with Section 23-4-70 of the Weld County Code. Component G—MUD Impact This development does not lie within the MUD area. Component H—Intergovernmental Agreement Impacts Although adjacent to an existing PUD, Garcia Estates, this development does not lie within an area covered by intergovernmental agreements. It has been the intent of this report to comply with the requirements of Section 27-6-10 of Article VI, specifically Option One of Section 27-6-20. Please review it in light of this proposal for a rural residential PUD. • • • • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 February 17, 2006 Weld County Department of Planning Services Michelle Martin 918 10`h Street Greeley, CO 80631 RE: Schrage P.U.D., Change of Zone Application Dear Michelle, As per the comments in your review letter dated January 10, 2005, we are addressing the requirements and concerns of the following referral agencies. Little Thompson Water District: Letter of commitment from LTWD provided, see attached. • Approval of Recorded Exemption: Recorded Exemption No. 1061-06-1 RE 4042 has been recorded as of 1/24/2006, rec#3357187. Consolidated Home Supply Ditch and Reservoir Company: Please see letter and agreement from Randy Stan, dated 1-17-06. Sheriffs Office: 1. Mail kiosk will be located at entry. 2. Street name provided—Schrage Way. Addresses will by designated and assigned per Weld County Assessor. 3. An entry sign will be located at the entry and designed in accordance with the Weld County Code, Section 27-6-90. 4. Roadways will be dedicated as public right-of-way. 5. Roadways will be dedicated as public right-of-way. 6. A homeowner's association and covenants will be detailed at time of final plat. 7. Oil well will be fenced as shown. Berthoud Fire Department: A fire hydrant will be installed. Evidence of fire flow will be provided following waterline and fire hydrant construction. . Larimer County: • • A new access permit will be obtained from CDOT. Please see attached email addressing existing • access. Any additional reports will be supplied as obtained. Division of Water Resources: Water will be supplied by Little Thompson Water District. The subdivision will consider connecting to a central sewage system if and when the system becomes available. Colorado Division of Wildlife: Please see attached letter addressing concerns. Colorado Department of Transportation: A new access permit will be obtained. Please see attached email addressing existing access. Geological Survey: The access has been adjusted to the west to eliminate several concerns of the crossing and shared accesses. Mineral Owners/Lessees: Please see attached email correspondence from Magpie Operating, Inc. Thompson R-2J School District: Please see attached letter. • Volney Chapman Reservoir: Please see attached letters of attorney's reviews. Use by Special Review#1362: Please see attached vacation request letter as previously submitted. If you have any questions,please feel free to call. Very truly yours, JL Walter Consulting rr.. IllZ., da.Q.l _ALS Shelley sch nbrenner Applicant presentative cc Ted Schrage • • • STARR & WESTBROOK, P.C. • ATTORNEYS AT LAW THE PALMER GARDENS 150 EAST 29TH STREET, SUITE 285 P.O. BOX 642 LOVELAND, COLORADO 80539-0642 TELEPHONE 970-667-1029 FACSIMILE 970-669-3841 RANDOLPH W. STARR E-Mail RSTARR8553@aol.com MICHAEL A.WESTBROOK E-mail WESTBROOK72Aaol.com Tuesday, January 17, 2006 Mr. David B. Shupe J. L. Walter Consulting 7525 Joel Place Loveland, CO 80537 Re: Lot B of RE-2509—Schrage - File Number PK-1079 The Consolidated Home Supply Ditch and Reservoir Company Dear Dave: I consulted with Delbert Helzer about the width of the easement of the ditch of The Consolidated Home Supply Ditch and Reservoir Company(the Company)with respect to the above • subdivision proposal. The easement width of 60 feet will be satisfactory to Delbert. As you know the Company requires that an agreement be entered into between the Company and all of the property owners(and all lienholders) setting forth the provisions that were discussed in the November 18, 2004, letter to Weld County Planning. I have drafted the Agreement based on what I know about the project. No crossings of the ditch for roads, utilities or other crossings of any kind are authorized by the enclosed Agreement. If Ted desires to have any crossings, we can negotiate about those now and include them in the Agreement or leave the crossings to a future agreement. I can recommend to the Board that the enclosed Agreement is satisfactory. 7-Sincerely, Randolph W. Starr Enc.-Agreement pc: Mr.Delbert Helzer Secretary The Consolidated Home Supply Ditch And Reservoir Company 1650 West 8th Street Loveland,CO 80537 • • Ted Schrage • • Page 1 of 1 Subj: Ted Schrage • Date: 1/18/06 8:01:20 AM Mountain Standard Time From: Gloria.Hice-Idler@DOT.STATE.CO.US To: mmartin@co.weld.co.us,jhatch@co.weld.co.us CC: oldershupe@aol.com I apologize for not knowing which one of you is handling this and what the case number is. I have met with Mr. Schrage and his representative, Dave Shupe, on the site. There is an existing access to this parcel that we consider"grandfathered". Provided no change of use (increase of traffic using the access) is proposed, then CDOT would not have a warrant necessary to re-evaluate. At such time as the property redevelops or proposes new home sites then CDOT will require the access be relocated to align with the county road on the north. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 J L Walter Consulting 114 E.5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 December 16.2005 Weld County Department of Planning Services Michelle Martin 918 10th Street Greeley,CO 80631 RE: Schrage Living Trust,case Recorded Exemption No. 1061-06-1 RE-4042 Dear Michelle, In regard to the concerns expressed by the Colorado Division of Wildlife in their letter of February 18, 2005,we wish to apprise you of our responses to them. First, the Lake Ditch mentioned does not enter this land. It is located across the northeast corner of the Garcia Estates development, and there is not a small wetland near the south end of the property, as the accompanying photos show. When water is taken form the Home Supply Ditch to serve properties to the north of this proposal, it does flow in an open ditch to the mouth of a pipe, but this intermitteal flow does • not constitute a wetland. Second, the irrigation ditch shown along the east side has been abandoned for that purpose, and now only serves to receive natural drainage from the site as it has for over 100 years. We have relocated the entry road so as not to disturb the habitat or trees. Further, we believe that development of curbs, gutters and sidewalks will prevent this drainage from reaching that area,thus render it untenable. We propose to seek a variance from that requirement both on these grounds and the extreme incompatibility with the general area. On the Schrage property, we have increased the front yard setback on lots facing the ditch, to provide the increased buffer requested. The remainder of the concerns expressed, in our opinion, can best be enumerated in the covenants,which would be filed with the Final Plat. In that document, lot owners would be made aware of their responsibility with regard to noxious weeds, native predators, fencing and other concerns such as hunting over adjacent lands. We trust these comments will assist in your review. If you have any questions,please call. Very truly yours JL W. 'rConsu '1r• © B $ r, 1 ♦GAS LFq 6.0 David Shup r 3 Colorado ' 5914 . 14 1 r .. cc Ted Schrage CF Rip c1t.SAAN Tr'S:1.1 J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 January 3, 2006 James M. Warner, President Magpie Operating,Inc. 2707 S County Rd 11 Loveland, CO 80537 RE: Stage P.U.D. Dear James, We are sending you an updated layout of the Schrage P.U.D. plan. We have made an adjustment to the roadway and omitted a lot from the plan. We are also including the letter previously • provided by your company for our submittal. We are requesting that you please review the updated plan and provide us an updated letter for our resubmittal package. Please feel free to call with any questions. Very truly yours, JL Walter Consulting Shelley c enbrenner, CAD Technician For JL W ter Consulting cc Ted Schrage • R2-J • HOMPSON SCHOOL DISTRIC Planning &Facility Use Services (970) 613-5046, Leanne Porzycki n800 South Taft Avenue FAX: (970) 613.5085 Ioveiand-Berthoud,Colorado E-mail: porzyckil@thompson.k12.co.us /80537 October 15, 2004 Mr. Dave Shupe JL Walter Consulting 115 E: ' Street Loveland, CO 80537 Re: Shrage MRD Dear Mr. Shupe: . Thank you for meeting with Nansi Crom, the district's transportation director, and myself several weeks ago to explain this project in more detail. Upon reviewing the layout and design of this project, the Thompson School District has determined that the volume of traffic associated with this development should not be at a level that would warrant a bus turnout or pull around. At this time, the district requests that the developer provide a bus staging area well off the traveled portion of the roadway at the main entrance of the project. This staging area should have a gravel, cement, or asphalt base and could even include an informal shelter so students have safe, friendly area to wait for the bus. The district also requests that there be a streetlight to further enhance safety during the winter season. Please let me know if you need additional information or clarification on the district's request. Sincerely, (77-;\66-£714/1t.-32. ��O r7 C Leanne Porzycki Assistant Director of Planning & Facility Use 0 • • J Walter Consulting 1 E h5th Street Lo and, CO 80537 (970)613-2037 FAX (970) 203-1147 September 28, 2005 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Recorded Exemption No. 1061-06-1 RE-4042 Dear Michelle, These letters attached are the opinions of the attorneys who have researched the plaintiff's claim. • They clearly state that claim of Sophie Swanson to legal title of the Volney Chapman Reservoir is no longer valid. Please let us know of any further questions. Very truly yours, JL Walter Consulting a e v n Shelley henbrennerner Applicant Representative cc Ted Schrage • CS OTIS, COAN & STEWART, LLC • Attorneys And Counselors At Law G.Brent Coan gbcoan@ocslaw.com July 22, 2005 Theodore Schrage Schrage Living Trust 23505 WCR 3 Loveland, CO 80537 RE: Title Opinion for Volney Chapman Reservoir Dear Mr. Schrage: This letter is to confirm that we have reviewed the title documents associated with Lot B of Recorded Exemption No. 1061-06-1-R2509 associated with property located in the NE'/ of Section 6, Township 4 North, Range 68 West of the 6a'P.M., Weld County, Colorado identified in the attached index. These are title documents received from Security Title which affect title to the subject property. You have asked us to review the title work for purposes of determining • whether any rights exist in third parties for the so called"Volney Chapman Reservoir" and to describe the extent of said rights if any such rights exist. After a review of the title documents produced by Security Title Company, our conclusion is that no rights have been acquired in any third party pursuant to a grant of an easement, right-of-way, deed or other such conveyance to create a separate reservoir parcel or any rights to go upon the Schrage Living Trust property known as Lot B for purposes of creating or filling a reservoir. As you are aware,we requested that Kim Lawrence at Lind, Lawrence& Ottenhoff evaluate whether or not any reservoir rights were acquired through the water court or through any other water right mechanism. His conclusion is that no such rights were ever created and no such rights exist today. His letter has been enclosed with this letter. Please contact me if you have any further questions or concerns about this matter or if any new information is provided by any other party that should be considered in our analysis. Thank you for the opportunity to work with you regarding this matter. Sincerely, icam G. rent Coan • /gh The Doyle Building, 1812 56th Avenue. Greeley, Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 • • • Schrage Living Trust Title Work 1. 02-03-1890 Warranty Deed ( to Voney Chapman) 2. 02-04-1890 Quit Claim Deed (Snead to The Consolidated Home Supply Ditch and Reservation Company) 3. 05-15-1896 Homestead Patent 4. 02-05-1964 Grant of Right-of-Way (Hinrichsen to Little Thompson Valley Water District 5. 12-27-1965 Easement (Hinrichsen to the Consolidated Home Supply Ditch and Reservoir Company) 6. 08-28-1973 Poudre Valley Electric Association, Inc. Right-of-Way Easement 7. 04-14-1975 Oil and Gas Lease(Schrage to A.K. Skaer) 8. 04-21-1976 Grant of Easement(Hinrichsen to Home Supply Ditch) 9. 04-21-1976 Agreement(Chilson and Anderson) 10. 02-15-1977 Easement (Schrage to Platte River Power Authority) 11. 04-29-1984 Right-of-Way Contract(Hinrichsen to Associated Oil and Gas Co.) 12. 05-08-1996 Affidavit of Theodore H. Schrage and Ruth M. Schrage 13. 09-20-1999 Recorded Exemption No. 2509 14. 09-20-1999 Agreement (Home Supply Ditch and Reservoir Company and the Handy Ditch Company and Schrage) 15. 10-08-1999 Recorded Exemption No. 0161-06-I-RE2509 16. 06-12-2000 Easement and Right-of-Way Agreement (Schrage and Little . Thompson Water District) 17. 01-18-2001 Poudre Valley Rural Electric Association, Inc. Right-of-Way Easement(Schrage to Poudre Valley Rural Electric Association, Inc.) 18. 08-14-2001 Public Service Company of Colorado Easement 19. 12-07-2001 Quit Claim Deed (Schrage Living Trust to Schrage Living Trust) 20. 02-12-2002 Resolution 21. 03-23-2004 Consolidated Christian Connors Lateral Ditch Company • ru7!L1/u5 rHU 13:10 FAA U70 35b 1111 LL 1U wjuui • • • LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING -Mil PI FVENTH AVENUE GREELEY,COLORADO 80631 WEB PAGE:LLOLAW.COM GEORGE H.0TrENHOFF TELEPHONE KENNETH F.LIND (970)356-9160 KIM R.LAWRENCE (970)353-2323 P.ANDREW JONES 1nECOPIER (970)356-1111 RICHARD T.LIPUMA kim law.com KELLY J. CUSTER BRADLEY C.GRASMICK July 21, 2005 G. Brent Coan, Esq. Otis, Coan & Stewart 1812 56th Avenue Greeley, CO 80634 RE: Schrage Living TrustNolney Chapman Reservoir • Dear Brent: I have reviewed the following documents received from your office: 1. Handwritten Affidavit of Volney Chapman; 2. Consolidated Ditch Company Abandonment Letter; 3. Elnora Benson Deed; 4. Field Notes regarding the Volney Chapman Reservoir; 5. Map 51; 6. Schrage PUD; 7. Quit Claim Deed from Chilson to Schrage; 8. Quit Claim Deed to Schrage Living Trust; 9. Security Title Documents; 10. Warranty Deed from Volney Chapman to August Swanson; and 11. Deed from Laura E. Snead to Volney Chapman. I also reviewed the Division of Water Resources on line records pertaining to decrees and diversions In Water Division No. 1,which is the Water Division in which the site is located These State records do not show a decree or diversions for the • Volney Chapman Reservoir, which means it is not recognized as an existing decreed water right. In addition, the reservoir claim says it was to be filed by the Home Supply Ditch and there are no decrees or diversions records for the Home • F:\KINI\Schrage Living Trust\Correspondence\Schragc-Coan It to 05 07 20.doc I IQJUUL u7 r41./U5 Dili 13:10 kAA. 97U 3111 LUTU • • Supply Ditch that shows diversions to storage for any reservoir whatsoever. If there was a legal claim or decree it should appear in the State Engineer's records. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP • Kim R. Lawrence KRLlmkh • • F- KiM\.Schrage Living Tr.;;,Corre=_Donacncc?Schrage-Goan It to 05 07 20.doc . 2 • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works • 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE # : Other Case#:_ _ 1. Applicant Name V CO u.[ ' Phone (•p(3 - a031 Address I14 F , ri+h 64-. City Lou land State CO . Zip_SO531 2. Address or Location of Access Slelc, w uy (a0 Section !_e Township sl Range A G?. Subdivision Block Lot � RE loot - OLD - I R€ 40.4a Weld County Road #: 50 Side of Road Sou_44% Distance from nearest intersection 0 -C-4 • (540* . +41Ny too") 3. Is there an existing access(es)to the property? Yes X No #of Accesses I 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary 1g Subdivision ❑ Commercial ❑ Other 5. Site Sketch to Legend for Access Description: AG = Agricultural RES = Residential 3I 4-60,4kw4-60,4 too L..--..... .......J J O&G = Oil &Ges • RFS i D} G D.R. = Ditch Road (6`tce. SO) • 0 = House J 1 El = Shed 0 A = Proposed Access A = Existing Access in o NT cv J V 2 3 WGR L40 n OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions LI Installation Authorized ❑ Information Insufficient Reviewed By: Title: • -17- FEB-23-2006 THU 11140 All E•fa?S NU. • • Report Date: 02/23/2005 11:38AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0527801 • ASBESSED TO: SCHRAGE:.JVING TRUST 23505 COUNTY ROAD 3 LOVELAND, CO 80531 LEGAL DESCRIPTION: PT E2NE4 6-4-68 LOT B REC EXEMPT RE-2509 (.69R4D7RES) SITUS. 866 60 HWY WELD 0 PARCEL: 106106000088 SITUS ADD: 866 60 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 3,377.84 0.00 0.00 3,377 84 0.00 TOTAL TAXES 0.00 GRANDITOTAL DUE GOOD THROUGH 0212312006 0.00 - ORIGINAL!TAX BILLING FOR 2005 TAX DISTRICT 2385 • Authority. Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 778.10 AGRICULTUR 9,065 2,630 SCHOOL DIST R2J 40.250 1,749.67 AGRICULTUR 12,823 3,720 NCW WATER 1.000 43.47 AGRICULTUR 466,320 37,120 LTW WATER 0.000 0.00 BERTHOX FIRE 13.774 598.76 TOTAL 488,208 43,470 BERTHOUD FIRE BOND 1.500 65.21 WELD LIBRARY -+�3.281 14263 SR EXEMPT __ N 0 0 TAXES F9R 2005 77.705 3,377.84 NET TOTAL 488,208 43,470 ALL TAX LIEN N SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTS PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, 80632 • (970)353645 ext.3290 0 Identify Results I . Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE . Account#: R4229406 Parcel#: 106106100010 Tax Area: 2385 Bordering County: Acres: Township Range Section Quart.Sec. Subdivison Name Block# Lot# 04 -68 - 06 - 1 - - Owners Name&Address: Property Address: SCHRAGE LIVING TRUST Street: 23505 COUNTY RD 3 City: LOVELAND, CO 80537 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description PT E2NE4 6-4-68 LOT B REC EXEMPT RE-4042 (2D3.SRES) No Buildings on Parcel • III http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10610... 03/30/2006 a . �'^ r ' ' . s : . ;,.a`s'p `M"tom .. / !., der - -s a „a • K. .xra•� m ^7^ p Ili 2 V • '� .... >:: :: fi1Fb£ti BT M1 , ,• - '+k ax •i ` ssr �y :1. N 't ,_ s x -` 1'F i�"'. r} 2>" 7 I(1 V3 • aLy .. *µ _ � ! h. w k C e gg" ♦ y rya- ,i .aka ,,,,,-4,214...4:.,.4. . s ' : : '- 44 '+_ .. , a y ffi� • ,b'"°' R # >. 2Y f t:b •b�'. P§ ^� Y. • rTit v 4,-„:„....,,,,c,„,„,..„...„.„-..,.::„........:::„.• - - - 3 3 i+ J y t ::-.,,w,,,,:- 1 .. • 2"fi4 RS 1 :-' •T :tr.:. gs" ,! •14 l� ti a • ..:7—ct• - • , 0,ii ,../;:i.c.,-,,,,, . ..„ , ',.— .111r) U 14v Lii-cafr: L4_t4(f) ," • • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 April 12, 2006 Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Schrage P.U.D. Dear Michelle; This letter is to provide the detail you requested regarding the use of the open space for this development. As you are aware, a primary focus of the use of the open space must be preservation of the access to the oil well, access to the irrigation ditch which crosses it, and access to the irrigation facility in the southeast corner. Consistent with those concerns, it is the owner's intent to keep the open space in native pasture grasses for use by animals which the lot • owners may choose to have. Such use will be limited to a maximum of 2 mature animals per acre. No new structures are planned within the open space tract. In the event that grazing animals are not sufficiently able to control the growth of forage, the Homeowner's Association will be responsible for mowing. Maintenance of the irrigation ditch will remain the responsibility of the ditch users. No water or irrigation rights are allocated to the Homeowner's Association or to individual lot owners. We trust this additional information will be of help to you in contemplating your review. Thank you for your assistance. Please let us know of any questions. Ve i+ ly yours, zuE J alt arConsulti - " 3. its4R rF'� to David Shupe r i , ! v Colorado PE#5914 • 9 r Y b> A \\ f . cc Ted Schrage $''�, .r --` , r" OF Cr ‘ • • April 13, 2006 Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Schrage P.U.D. Dear Michelle; In response to your question regarding Final Plat review, we understand that since our submittal is nearly a Final Plat,the staff can review and approve it following the rezoning hearings. As you know, we intend to ask the County Commissioners for a variance from the requirements of curb, gutter and sidewalk along our internal street. There are several reasons upon which we base that request. First, these are large country lots, and such urban improvements would in our opinion be detrimental to that image. Second, there are no sidewalks along State Highway 60 to which the interior walks could connect, so they serve no interconnection purpose. Third, gutter concentrates drainage flow patterns, increasing the opportunity for erosion and interrupting the drainage pattern of the land. Fourth, in the event of horse ownership among possible lot owners, • gravel roadway shoulders are highly preferable to concrete sidewalks as a place to ride them. To our knowledge there are no such improvements in existing developments within several miles of this proposal. As you also know, a concern has been raised by adjacent property owners expressing a claim to a portion of the site based on an old federal grant for a reservoir site. We have spent several months having qualified attorneys evaluate this claim. They have found no record that the "reservoir" was ever built, or storage rights filed. Thus in their determination, the grant has no current validity. We trust that the Commissioners will concur with these findings as well. If these variances are granted by the County Commissioners at the rezoning hearing, we would have no objection to the Final Plat being only subject to staff review. Thank you for your consideration in this manner. Very truly yours, act o ore H. Schrage, Owner • cc. JL Walter Consulting 1111111111111111 1111111?III 1111111 III 11111 IIII IIII • 656 3371656 03/20/2006 01:12P Weld County, CO • 1 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder AGREEMENT This Agreement(the"Agreement"),is between THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY, a Colorado mutual irrigation company ("Ditch Company") and TED SCHRAGE, TRUSTEE OF THE SCHRAGE LIVING TRUST, 23505 County Road 3, Loveland, CO 80537 ("Landowner"), and is upon the following terms: 1. Subdivision and Ownership. Landowner is the owner of all of the property known as PT E2NE4 6-4-68 LOT B REC EXEMPT RE-2509 (.69R4D7RES) SITUS: 866 60 HWY WELD 0 [Weld County Assessor's Parcel No. 106106000088,Account No.R0527801; a/k/a 866 Highway 60,Loveland,CO],a copy of which is attached hereto as Exhibit A(the"Subdivision"). Landowner represents and warrants that Landowner is, on the date of execution of this Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the Subdivision, and Landowner will obtain the written consent and acceptance of all lienholders by signature on this Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lienholders shall cause Landowner to be in default under this Agreement. 2. Background and Purpose. Landowner desires to obtain approval of the Ditch Company for certain matters required by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's • interests will be benefited by the granting of its approval through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement among the parties. Landowner shall promptly reimburse or pay directly all of the Ditch Company's engineering and legal expenses incurred in the negotiation, administration and effectuation of this Agreement. Landowner agrees to pay all of the other fees and expenses provided for in this Agreement. 3. Ownership and Administration of Ditch Company Stock. Landowner owns assessable share(s) of the Ditch Company which has / have historically been used to irrigate for agricultural purposes the Subdivision. Landowner does not desire to continue to have the Subdivision and open space areas irrigated by water from the ditch of the Ditch Company. Landowner shall "dry up" the subdivision property and permanently cease irrigation of the subdivision property after the date of this Agreement with Landowner's share(s) of the Ditch Company.No transfer of Landowner's share(s)will be made to any Subdivision Owners Association ("SOA") for the Subdivision. • Page 1 • 11111 11111 11111 CHI III III III! III 11111 IIII IIII • 3371656 03/20/2006 01:12P Weld County, CO 2 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder • 4. Ownership of Ditch Company Property Rights. The Ditch Company has a right- of-way for its ditch, and appurtenant facilities described on the plat attached hereto. Landowner recognizes and confirms said ownership of the Ditch Company. Landowner agrees to execute an easement in the form of Exhibit B attached hereto to have the Landowner confirm and convey the property rights of the Ditch Company. The easement shall be recorded at the expense of the Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company an exclusive easement for the Ditch Company's irrigation ditch and appurtenant facilities as shown on the recorded survey plat of the Ditch Company's system together with rights of ingress and egress for Ditch Company purposes over and across the Subdivision. The width of the ditch easement is 60 feet, being 30 feet on each side of the centerline, and additional easement will be required, if necessary, to obtain a minimum of a 25 foot strip on the top of the bank on each side of the ditch. 5. Drainage. 5.01 There shall be no change made in the point, flow rate, volume, amount or type of drainage into the Ditch,except as provided in this Agreement. A Preliminary Drainage Report shall be prepared by J. L. Walter Consulting,which report shall be presented to the County and the Ditch Company. The Ditch Company shall be entitled to review the Preliminary Drainage Report during the time that the appropriate governmental agency is reviewing such report. The Landowner will incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company's engineer. A Final Drainage Report shall then be prepared containing all of the required changes. • The Ditch Company shall have a reasonable time (not less than 45 days) to review such Final Drainage Report and present objections to such report and to the design, installation or construction of any facilities that alter the historic drainage pattern. If Landowner fails or refuses to modify the Final Drainage Report to meet the objections of the Ditch Company,then the County shall make the final determination regarding the modifications of the drainage plan. The County shall be jointly and severally legally responsible for such drainage and drainage plan. 5.02 Neither Landowner nor SOA,nor their respective successors or assigns, shall cause, suffer or permit any hazardous material, pollutant or other foreign material to be deposited or discharged from or through the Subdivision into the Ditch or the water carried within the Ditch. Any person, including Landowner, having knowledge of such deposit or discharge shall immediately notify the appropriate governmental agencies and Ditch Company of any potential or actual such deposit or discharge by any person. 5.03 Landowner agrees that an easement exists for the historical waste water return ditches and Landowner agrees to regularly maintain, clean and repair the ditches on at least an annual basis prior to the irrigation season, and Landowner agrees to install a concrete pipe culvert of sufficient size based on the Ditch Company engineer's standards for lateral ditch crossings of roads or other surface uses that could affect the operation of the Ditch Company's ditch. 5.04 Landowner agrees that there may have existed for many years underground drain lines and lateral or field ditches carrying water across the properties. Landowner agrees that an easement exists for the underground drain lines and lateral or field ditches and they agree to regularly maintain and repair the lines and ditches on an "as needed" basis prior to the irrigation season. 5.05 In the event there is proposed or formed a drainage district under federal,state or local . law or requirement,Landowner agrees to include all of the Subdivision property with the boundaries Page 2 '/ f 111111 IIE 111111111111 gill III 11111 IIII IIII • 3371656 03/20/2006 01:12P Weld County, CO 3 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder • of such district. 6. Plat or Covenant Notes. The following notes shall be inserted by the Landowner onto the Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision: A. The Ditch Company has an easement for its ditch and has the authority to cut and remove trees within its right of way and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company will, at an appropriate time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the ditch right of way. The Ditch Company also has the authority to install and maintain a road along each ditch bank for its purposes. B. The property owners may not place any fence within the ditch right of way, and particularly across the right of way; and the property owners shall not to install any gates or fences on the ditch company right of way without the prior written approval of the Ditch Company. Any fences approved by the Ditch Company along the ditch easement must be fire proof and stock-proof to prevent damage by ditch cleaning by burning,humans and livestock and other sources to the ditch. There will not be permitted any livestock watering in the ditch. There will not be permitted any pumps in the ditch. Cattle guards instead of gates should be utilized instead of gates. C. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this development and that there are periods of time when,due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this • problem,the utility of certain portions of the property for construction of structures could potentially be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface and subsurface water issue. Ditches may overflow and flood adjoining property and improvements. Property owners shall be solely responsible for all water that overflows the ditch and the Ditch Company shall not be liable for damage caused to any property or improvements due to water overflowing the ditch. D. The property owners shall maintain the irrigation and drainage patterns existing on the date of recording of the plat so that the quality of water entering the ditch from irrigation and from precipitation and other sources be maintained,and so that there is no change in rate,amount,point or type of drainage into the ditches that will occur. The property owners shall monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system. E. The property owners acknowledge that: 1)No livestock watering,swimming,tubing, canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3)No pumps for lawn or other irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. F. No crossings of the ditch are permitted without the prior written consent of the Ditch Company and compliance with the rules, regulations and requirements of the Ditch Company. 7. Miscellaneous • 7.01 Attorney Fees, Law and Venue. In any action brought by the Ditch Company to Page 3 1 q+ 11111111111111111111111111111111111111111111111 1111 • 3371656 03/20/2006 01:12P Weld County, CO 4 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder • enforce the provisions hereof whether legal or equitable, and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. This Agreement shall be construed under the law of the State of Colorado. Venue for all actions shall be in the District Court of the county where the Subdivision is located. 7.02 Severability. The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 7.03 Successors and Assigns. The terms,covenants,and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner,the Ditch Company and the SOA, and each of them. Landowner's obligations hereunder shall terminate(and the successor(s) to Landowner shall arise) on the date that Landowner conveys all of Landowner's interest in the Subdivision to transferee(s) and/or SOA. SOA shall be jointly liable with all or any successor property owner within the Subdivision under the terms of this Agreement. Whenever a transfer of ownership of a lot or tract takes place to a bona fide purchaser for value, liability of the transferor for breach of this Agreement thereafter terminates,and the grantor shall be liable only for breach(s) of this Agreement arising prior to the date of conveyance. This paragraph shall apply to any property dedicated to or conveyed to a governmental entity or any other person or entity by Landowner as a public improvement or utility. All amounts due by Landowner or by SOA to the Ditch Company or to its stockholders, or otherwise under the Agreement shall be assessed by the SOA against the Subdivision under the terms of the covenants applicable to the Community;and the • lien for such assessment against the Subdivision shall inure to the benefit of the Ditch Company and its stockholders for any amount due under the terms of the Agreement or otherwise. Such lien may be foreclosed against the Subdivision, or any portion thereof by the Ditch Company or its stockholders in the place of the SOA, as provided in the covenants applicable to the Subdivision. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the properties and every interest therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Agreement affects the property and title of the Subdivision, and this Agreement shall be recorded at the expense of Landowner,and after recording,the terms,conditions and covenants of this Agreement shall become a covenant running with the land of the Subdivision. This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be enforceable by the Ditch Company or any of its shareholders,or both the Ditch Company and any of its shareholders. 7.04 Construction, Waiver, Gender, Time of Essence. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Agreement, the singular shall include the plural,the plural the singular, and the use of any gender shall include all genders. Time is of the essence of this Agreement. 8. Liability and Indemnification. 8.01 Landowner, SOA, and Landowner's and SOA's successors and assigns, hereby • specifically waive and release all known or unknown Claims,damages,rights of indemnity,rights of Page 4 III 111II IIIII 1111111 111 111 IIIII II IIIII 1111 IIII • 3371656 03/20/2006 01:12P Weld County, CO 5 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder • contribution or other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's ditch [and reservoir] and easement, including, but not limited to: flooding due to overflow or breach of the Ditch Company's ditch [or reservoir];washing or erosion of the ditch bank [or reservoir shore]:cleaning of the ditch[or reservoir] and easement by any means including but not limited to burning or chemical means; and excavation of the ditch [or reservoir] and storage of residue. 8.02 As used in this Agreement, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including,but not limited to , investigation,removal,remedial,and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. 8.03 As used in this Agreement, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any consequential or other damages. 8.04 Landowner and SOA jointly and severally covenant and agree to at all times protect, indemnify, hold harmless, and defend the Ditch Company, its directors, officers, stockholders, agents,employees, successors, assigns,parents, subsidiaries,and affiliates from and against any and all Claims arising from,alleged to arise from,or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this Agreement; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the Facilities on or adjacent to the Easement; or (3) Landowner's or SOA's or both, or any other • person's presence at the Subdivision as a result of or related to this Agreement. 8.05 Landowner's and SOA's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (1) Claims asserted by any person or entity, including, but not limited to, employees of Landowner or SOA or both or their contractors, subcontractors, or their employees; (2) Claims arising from,or alleged to be arising in any way from,the existence at or near the Subdivision of water or ditches or reservoir or other associated facilities; or (3) Claims arising from, or alleged to be arising in any way from,the acts or omissions of Landowner or SOA or both, their sublessees, invitees, agents, members, or employees. 8.06 SOA and Landowner shall maintain adequate liability insurance with standard waiver of subrogation endorsement to insure the risks undertaken as a part of this Agreement in an amount not less than one million dollars or such other amount set from time to time by the Ditch Company naming the Ditch Company and the other indemnified parties as additional insureds. A certificate of such insurance shall produced by the SOA and Landowner upon request by the Ditch Company. 9. Authorized Crossings of Ditch. [NONE—no crossings of the ditch are permitted under this Agreement and any future crossings must be approved in writing by the Ditch Company.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ki} h day of Ma c c h , 2006. • Page 5 ' / 111111 11111 11111 1111111 11111 III Iehl III 11111 1111 1111 3371656 03/20/2006 01:12P Weld County, CO 6 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder • THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY,a Colorado mutual irrigation company By: ; (} �v✓iv1 1 e J,e/" YL.' ice-President John W. Nelson Wrji/ze!`�/% Secretary—Delbert Hel STATE OF COLORADO ) ss. COUNTY OF LARIMER ) ab The foregoing was acknowledged before me this�_day of allYki/vc.ii--, ,2006,by Kenneth M. Markham, as President, and Delbert Helzer, as Secretary of The Consolidated Home Supply Ditch and Reservoir Company, a Colorado mutual irrigation company. Witness my hand and official seal. Notary Public My commission expires: I /=)-- ` a,�1 nit If!Filf/l,/,moo D d sotc,J o •rep P thine 11'1°°°°r000at�l • Page 6 �_ i 1111111111111111111111111111 III I I III 11111 IIII IIII • 3371656 03/20/2006 01:12P Weld County, CO 7 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder • Landowner—TED S E, TRUSTEE OF THE SCHRAGE LIV G TRUST STATE OF COLORADO ) ss. COUNTY OF cur i In p; The foregoing was acknowledged before me this t day of V71ac c ,2006,by TED SCHRAGE, SOLE TRUSTEE OF THE SCHRAGE LIVING TRUST, as Landowner. Witness my hand and official seal. ,i L ) J YF*"'1 1 otaiy Publi :: I►o ' . 0 My commission expires: my{CcTnrnmsstcrn Exa, es 'r2 0' Cr • `oRAOO • Page 7 1111111111111111111111111111 III IIIII�III 11111 ��l ��I1. 3371656 03/20/2006 01:12P Weld County, CO 8 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT "A" COPY OF SUBDIVISION PLAT (insert) y�.ei 1 � gpyp S t /47 Y�1 dry` t1yt�' f `56S'd ( 8 !SS Y „; h ,�} , t � ,r .. • 5 . 1 1. k f ` 3 z :•:,,,-;-",-",,,:,,t r'-'1- � r ' t {A. i. • e aunlyGobrado ' '" � `4 ti Page I 4 • 1,11111111111 III] 1111111IIIIIIIIII IIIIIIIIIIIIIIIIII • 3371656 03/20/2006 01:12P Weld County, CO 9 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "B" • EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into as of the r 'day of AI C f F , 2006. by and between TED SCHRAGE,TRUSTEE OF THE SCHRAGE LIVING TRUST, 23505 County Road 3, Loveland, CO 80537, hereinafter called "Grantor" (whether grammatically singular or plural), and The Consolidated Home Supply Ditch and Reservoir Company, 1650 West 8th Street, Loveland, Colorado 80537, hereinafter called the "Ditch Company." 1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its successors and assigns,the sole, exclusive and permanent right to enter,re-enter,occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase size or capacity, operate, repair, maintain, replace, remove and operate one or more open irrigation ditches and/or pipelines and/or reservoirs for the storage, transmission,distribution and service of irrigation water, and all above ground and underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to-wit: PT E2NE4 6-4-68 LOT B REC EXEMPT RE-2509(.69R4D7RES)SITUS: 866 60 HWY WELD 0 [Weld County Assessor's Parcel No. 106106000088,Account • No. R0527801; a/k/a 866 Highway 60, Loveland, CO] The easement and right of way for ditches shall be 60 feet wide, being 30 feet on each side of the center line, or 25 feet from the top of the bank of the ditch on each side, whichever is greater. 2. Grantor further grants to the Ditch Company: 2.01 The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Ditch Company may find reasonably necessary; 2.02 The right to support the ditches and pipelines across ravines and water courses with such structures as the Ditch Company shall deem necessary; 2.03 The right of ingress to and egress from the easement over and across all of the land of Grantor by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; 2.04 The right of grading for,constructing,maintaining and using such roads on and across the lands as the Ditch Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; 2.05 The right to install, maintain and use gates and/or cattle guards in all fences which now cross or shall hereafter cross the easement; 2.06 The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2.07 All other rights necessary and incident to the full and complete use and enjoyment of • Page 2 I Milan 11111 Ell Mira III I III BEM IIII • 3371656 03/20/2006 01:12P Weld County, CO 10 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder the right-of-way and easement for the purposes herein granted. • 3. Grantor hereby covenants and agrees: 3.01 That Grantor shall not erect or place any permanent building,structure,improvement, fence or tree on the described easement, and the Ditch Company shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. 3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground cover in the easement or over any water lines and shall not substantially add to the ground cover in the easement or over the water lines or their appurtenances. 3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the Ditch Company. 3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character, except the following: Lr n tai�a �a� 4. It is agreed by the parties: 4.01 Grantor reserves all oil,gas and other minerals in,on and under the above-described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Ditch Company. 4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives,successors,and assigns of the parties hereto. 4.03 The easement includes the right to clean by mechanical,chemical or burning the ditch • system,the right to deposit earth and other materials on the easement,the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe. 4.04 The Ditch Company hereby expressly reserves an easement over and across the Subdivision for the benefit of Ditch Company, its designated successors, their contractors, employees,materialmen,and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, and other reasonable activities as the Ditch Company may deem necessary or desirable. 4.05 The Ditch Company is granted the full right and authority to cut, trim, remove, destroy,or modify any trees, shrubs, grasses, structures,fences or other items within the easement or not within the easement but may cause a hazard within the easement. Landowner, and the homeowners association, shall not plant, place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall they plant,place or maintain any trees, shrubs, grasses, structures, fences or other items in such a manner, nor shall they place or maintain fence within the easement. Gates or cattle guards shall be installed in all fences so that the Ditch Company has easy passage to its ditch and facilities. The Ditch Company shall be provided keys for all locked gates. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this 1pth day of in u c[_h , 2006. • Page 3 U I j 1111111111111111111111111111III 1111111111 1111 • 3371656 03/20/2006 01:12P Weld County, CO 11 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder • GRANTOR mZfRU E OFT E SCHRAGE LIVING TRUS STATE OF COLORADO ss. COUNTY OF fie The foregoing instrument was acknowledged before me this tGt day of C lIC , 2006, by TED SCHRAGE, SOLE TRUSTEE OF THE SCHRAGE LIVING TRUST, as Grantor. Witness my hand and official seal. / / t otary Public ( NOT ,r Al ; My commission expires: r My Commission Expires 11/12/2007 i` '•Pr • • Page 4 Ii111111111111111111111111111111111111 III111111111 • 337165620 3/2012006 01:12P Weld County, CO 12 of 1 R 61.00 D 0.00 Steve Moreno Clerk & Recorder 1 � ( 5 i l ,> d� ` x o5 �4 I, j} # e .. „, 4 ry �z#. �b Z#' � � ,. ? �. �zv� �1 �` 'Z � u\ x.\ ''4.'2'!:. p� i� '` l`',}ry' t 4A s �Y tf 4y { .. Al \ } "cA L �� £1 \}^vL 4,. ! F c I'h • �'- _ t 2£ + V �a e Z 9 £ s3w�ts�*tl'a+. £ r £ r ..' e"; ',�-tom 3 ' \ E 't. ,Jtv2r ny r , s e 3,e .� x rc x .. I t y >s . 1 ..uL.�.Sfi �p n R r : �q�Y 3 g il q t 6 9 td `. : .\ 4• p a [y p.Ap t t^ A • Well C4uobrada �,£ r ` ,. �__ . �� . _ ! �u ,5 - Hello