HomeMy WebLinkAbout20082729.tiff • •
PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1_ 3_ 1 1 - 0 2 - 0 - 0 0 - 0 05
1 3 1 1 - 0 2 - 0 - 0 0 - 0 0 9
(12 digit number-found on Tax I.D.information.obtainable at the Weld County Assessor's Office.or ....
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
Legal Description Lot B of RE 1311-02-2-RE2812, Section 2 ,Township 2 North, Range 67 West
Property Address(If Applicable) Weld County Road 21.5
Existing Zone District: A Proposed Zone District: E Total Acreage: 45.20 Proposed#/Lots 8
Average Lot Size: 4.54 Minimum Lot Size: 4.208 Proposed Subdivision Name: Moorea Manor North
Proposed Area (Acres) Open Space: 6.78(Open Space A&B)
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: Weld 45 Acre, LLC c/o Lee Petrides
Work Phone# 720-434-4150 Home Phone# Email Address: LPPetrides@aol.com
• Address: 9202 S. Rockport Lane
City/State/Zip Code Highland Ranch, CO 80126
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Jeffrey W. Couch,P.E. c/o TEAM Engineering
Work Phone# 970-231-9937 Home Phone# 970-207-1970 Email Address ieffcouch7ta7comcast.net
Address: 3468 Shallow Pond Drive
City/State/Zip Code Fort Collins,CO 80528-7002
UTILITIES: Water: Central Weld County Water District
Sewer: Individual Sewage Disposal Systems
Gas: Xcel Energy
Electric: United Power
Phone: Qwest
DISTRICTS: School: Gilcrest—Platteville Weld County RE-1
Fire: Gilcrest-Platteville Fire Protection District
Post: Fort Lupton
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 the Department of Planning Services to review this PUD Final Plat or request
hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for
the above P cibed iinincorporated area of Weld County, Colorado:
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• tignatute: Owner or zed AgentC Date Signature: Owner or Authorized Agent Date
EXHIBIT
2008-2729 3
• I' M Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
• (970) 231-9937
November 28, 2006
Ms. Jacqueline Hatch, Planner
Weld County Planning
918 10th Street
Greeley, CO 80631
RE: PF#1048 Moorea Manor North
Lot B of RE#2812, Sec. 2,T2N, R67W
Dear Jacqueline:
Attached is the additional information you requested relating to the Final Plat Application for
Moorea Manor North (PF#1048).
1. A copy of the deed is attached.
2. a. The widened entryway(see attached detail)is designed to accommodate several needs as
• follows:
• Turnaround for school buses
• Loading area for school children that is separated from Weld County Road 21.5
• Location for a subdivision identification sign (see Sheriffs COZ comments)
• Location for mail delivery off-road from Weld County Road 21.5 (see COZ Postal
comments)
• A landscaped, safer, and more aesthetically pleasing entryway
2. b. Please see attached postal correspondence. A mail delivery unit within the widened
entryway is intended to replace potentially fourteen individual mail boxes along the east
side of Weld County Road 21.5.
2. c. Please see additional information provided on the entryway detail.
2. d. Please see Exhibit B"Schedule'which is part of the on-site development agreement.
2. e. There are no new names created as part of this application. Moorea Manor Estates and
Harpenden Lane were created as part of the Moorea Manor Estates Subdivision in 2002.
Harpenden Court and Moorea Manor North P.U.D. are variations of the original approval
and have been embraced by the fire, sheriff, ambulance and postal services.
2. f The applicant owns several shares of the New Coal Ridge Irrigation Company. Adequate
• water necessary to irrigate the proposed lots and open spaces will be dedicated to the
HOA prior to recordation of the final plat.
Ms. Jacqueline Hatch, Pier •
Weld County Planning
November 28, 2006
• Page Two
2. g. Please see item 2.e.
2. h. A final drainage report stamped, signed and dated by a professional engineer has been
included. The report also includes FEMA information for this area.
2. i. Three sets of stamped, signed and dated construction plans are attached.
2.j. During construction of the adjacent subdivision (Moorea Manor) there were NO
groundwater problems encountered. This subdivision is designed to provide maximum
setback from the Lupton Bottom Ditch. Proposed homes to the west are uphill from the
ditch and will be setback a minimum of 100 feet Only lot 8 is adjacent to the ditch along
the east and downhill side. Any residential structure to be placed on lot 8 will be set a
minimum of two hundred feet from the centerline of the ditch.
2. k. Digital information is usually provided when all changes have been made as required
through the final review process and as notes are provided as part of the final resolution
before the filing of the final plat.
Please contact me at(970) 231-9937 if you need additional information.
• Sincerely,
ouch, P.E.
M Engineering
Cc: Lee Petrifies, Weld 45 Acre, LLC
Steve Klen
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MOOREA MANOR NORTH P.U.D.
SPECIFIC DEVELOPMENT GUIDE
December 5,2003
INTRODUCTION
Moorea Manor North is a 45.2 acre parcel located along County Road 21.5 near Platteville,
Colorado. The proposed project is intended to create eight residential lots immediately adjacent to
Moorea Manor, a six lot residential subdivision approved in April, 2003. The larger lots allow for
minimal disruption of the existing road, utility, and irrigation infrastructure.
COMPONENT ONE
Environmental Impacts
1. Noise and Vibration
• Moorea Manor North P.U.D. will create eight residential lots. The lots will allow limited large
animal activity and small ancillary buildings. Industrial or commercial activity will not be
allowed. Noise and vibration impacts would be similar to other large lot subdivisions and will
have no impact to adjacent property.
2. Smoke, Dust and Odors
Moorea Manor North P.U.D. will provide minimal impacts to adjacent property relating to
smoke, dust and odors. Specifically, NO burning will be allowed to create a smoke hazard.
Internal subdivision roads will be paved which will nrnimize dust creation. The existing
irrigation system will remain intact which will allow homeowners to flood irrigate individual lots.
This will greatly improve the quality of vegetative cover and nrninrze dust in animal areas.
Odors will not impact adjacent property. Solid waste disposal will insure household garbage is
removed from the site. Covenants will require that animal areas be maintained on a regular
basis.
3. Heat, Light, and Glare
Heat, light and glare will not be generated from the Moorea Manor North P.U.D. Heat will not
be vented from residential structures. Street lights will not be installed as to maintain a country
'dark sky environment. Covenants will curtail lighting on structures. Glare will not be created
from residential structures.
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4. Visual/Aesthetic Impacts
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Moorea Manor North P.U.D. will create protective covenants which will minimize visual impacts
created from eight residential structures. Covenants will govern building height, building
materials, building color, and locations. Landscape will delineate street and open space areas
to create attractive, useable spaces. Landscaping will also provide buffering between lots and
adjacent properties.
Houses will be strategically placed to create view corridors for both homeowners and adjacent
property owners. Screening will also be provided for oil well equipment which currently creates
a negative visual impact in the area. Roadways win follow the existing terrain and house
elevations will match the terrain as well.
The existing site is barren except for oil production facilities. The development provision
outlined as part of Moorea Manor North will provide for the screening of existing eyesores,
establishment of acceptable ground cover, buffering via the creation of open space and
aesthetic enhancements with the addition of landscaping.
5. Electrical Interference
There is no activity proposed by the Moorea Manor North P.U.D. which will create electrical
disturbance. All electrical improvements will be installed underground. Antennas, towers, and
dishes will be controlled by covenants. Transmission lines are located approximately 500 feet
• south of this project These lines are far enough away to have no negative impact on the
project.
6. Water Pollution
Moorea Manor North P.U.D. will improve both surface and ground water quality. The
elimination of agricultural activity will reduce the chemical and sediment loads historically
created by runoff from this area. Also, irrigation and stomnvater runoff will be routed to a
detention pond at the easterly edge of the site. The detention pond will function as a sediment
pond further improving water quality on the site. Covenants will require maintenance of open
space and animal areas.
7. Wastewater Disposal
Wastewater created from the residential units will be treated via Individual Sewage Disposal
Systems constructed on each site to be in compliance with Weld County Health Department
Guidelines.
8. Wetland Removal
As a previously irrigated and cultivated agricultural parcel,there are no wetlands located on the
site. The site was leveled to facilitate the irrigation system which eliminated low areas where
• wetlands could have been established.
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9. Erosion and Sedimentation
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Erosion and sedimentation caused by stormwater runoff or wind have historically been minimal
from this site. The existing sparse grass and weed ground cover have provided an effective
protection for the site. There is currently no evidence of erosion or sedimentation on the site.
An erosion control plan and vegetative plan will be created to maintain these conditions.
10. Excavating, Filling and Grading
Overlot grading for this development will not be required. The disruption of the existing site will
be within the limits of the proposed Harpenden Court right-of-way. Once utilities are installed,
roadways will be graded and paved to eliminate visual and erosion impacts. Streets will be
graded to match the existing ground slope.
11. Drilling, Ditching and Dredging
Drilling, ditching and dredging will not be required to complete this project.
12. Air Pollution
The creation of eight structures will increase vehicular traffic in the area by approximately 6O
trips per day. Burning will not be allowed. Air pollution impacts,therefore,will be minimal.
13. Solid Waste
Solid waste will be removed from the site by a commercial waste hauler. Individual
homeowners will be responsible to contract for this service.
14. Wildlife Removal
Because this area has historically been cultivated,there is little habitat for wildlife. This project
will provide corridors along the existing irrigation ditch and provide open space tracts around
the perimeter of the project No existing wildlife will need to be removed.
15. Natural Vegetation Removal
The natural vegetation currently located on the site is of poor quality. In the transition from its
current vacant status to a development parcel, additional effort will be made to maintain the
growth of the vegetation and establish a viable grass cover. Disruption of the site caused by
the development will be contained with the proposed Harpenden Court sixty foot right-of-way.
Located within this right-of-way will be all transportation, water, gas, electric, communication
and irrigation improvements.
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• 16. Radiation/Radioactive Material
The geological hazard report prepared for this project indicates that the rock formation which
would produce radioactive activity is not located in this area. Background radiation levels were
found to be minimal in the area.
17. Drinking Water Sources
A potable water system will be provided through the Central Weld County Water District.,
Delivery of this water will be accomplished by an existing ten inch water main in County Road
21.5 and by and existing eight inch water main in Harpenden Lane.
18. Traffic Impacts
Traffic Impacts created by the addition of eight residential structures will have insignificant
impact on the existing transportation infrastructure.
Harpenden Court will connect to the existing Harpenden Lane. Harpenden Lane connects to
County Road 21.5 which is a paved collector roadway.
COMPONENT TWO
• Service Provision Impacts
1. Schools
Schools are provided by the Platteville-Gilcrest School District RE1. An agreement has been
executed with the School District which establishes an impact fee for each newly created lot.
The School District did not want a bus turnout along County Road 21.5. Busses will pick up
students along the interior roadways.
2. Law Enforcement
Law enforcement is to be provided by the Weld County Sheriffs Department. The Sheriffs
Department is supportive of names, signage, well protection design, school access, and postal
access, but has indicated that they lack the resources to provide adequate services for
additional growth in Weld County. The Sheriffs Office did not require a turnout at the entryway
to this project since both the School District and Post Office did not request a turnout.
3. Fire Protection
Fire Protection is provided by the Plattevife — Gilcrest Fire Prevention District. Fire hydrants,
roadways, signage, and turn arounds have been provided as the District has requested.
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• 4. Ambulance
Ambulance service will be provided by the Northern Colorado Ambulance Service.
5. Transportation
The regional transportation system for this project is provided by County Road 21.5, County
Road 24.5, and County Road 23. These roadways are twenty-five foot wide paved collector
roadways. The interior subdivision roadways connect to County Road 21.5.
Harpenden Lane is currently a gravel roadway which is thirty-four foot wide and is located
within a sixty foot right-of-way and is classified as a local street The proposed development
will construct Harpenden Court to similar standards. It is anticipated that both Harpenden Lane
and Harpenden Court will be paved.
6. Traffic Impact Study
A Traffic Impact Study was not required for this project because of the minimal increase of
traffic to the existing system.
7. Storm Drainage
All stormwater runoff will be directed to a detention pond located at the east edge of the site.
• An existing eight inch outfall line discharges historical runoff to the South Platte River.
8. Utility Provisions
The construction of the Moorea Manor Subdivision immediately adjacent to the south of this
property was completed in April 2003. Utility provides installed oversized infrastructure in
Harpenden Lane to provide for additional growth in this area.
9. Water Provisions
Water service will be provided by the Central Weld County Water District An eight inch water
main in Haprenden Lane will provide both domestic and fire flows to Moorea Manor North.
10. Sewage Disposal Provision
All sewage disposal will be provided by Individual Sewage Disposal Systems (ISDS) for each
lot. Percolation tests completed for this area indicates that these systems are appropriate for
this development
11. Structural Road Improvement Plan
A geotechnical study will be completed to identify the roadway structure for Harpenden Lane
• and Harpenden Court
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• COMPONENT THREE
Landscape Elements
Landscaping for Moorea Manor North will consist of the following elements:
1. Oil Production Facility Screening
Berms will be provided to screen oil production facility along Lot 1 and along the north
perimeter of the site.
2. Perimeter Buffer
A thirty foot tract has been provided along the perimeter of the project. This tract will be fenced
by adjacent lots. An aggregate trail six feet wide will be provided for pedestrian, bicycle and
equestrian circulation.
3. Streetscape
One tree per lot will be planted along Harpenden Lane and Harpenden Court to delineate the
streetscape.
4. Maintenance
• Maintenance of all improvements in common areas will be maintained by the HOA. Trees and
vegetation within the individual lots will be maintained by the property owners.
5. Irrigation
Native water rights associated with this property will be dedicated to the HOA for maintenance
and watering of the proposed open space. All existing irrigation infrastructure is operational
and will remain intact
COMPONENT FOUR
Site Design
1. Unique Site Features
A regional irrigation ditch, The Fort Lupton Bottom Irrigation Ditch,traverse the westerly portion
of the site. This ditch will provide a buffer between lots and a corridor for wildlife migration.
2. Consistency with Goals and Policies of Chapter 22
• This project is consistent will the goals and policies of Chapter 22.
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• 3. PUD Zoning Compatibility
The proposed use is being developed for residential parcels. Screening will be provided from
oil production facilities on the site.
4. PUD Zoning Compatibility with Adjacent Land Uses
The project will be adjacent to a similar residential project along its south boundary. The
project will be adjacent with agricultural property along its north,west and east boundaries.
5. Hazard Areas
This project is not within a Flood Hazard, Geologic Hazard or Airport Overlay District.
COMPONENT FIVE
Common Open Space Usage
A tract along the perimeter of the project provides open space, buffer to adjacent property and a
trail system for pedestrian, bicycle, and equestrian uses. A larger area near the center of the
project will provide a picnic area,equestrian training area and trailhead for the perimeter tract.
• COMPONENT SIX
Signage
Traffic control signs and street information signs will be installed at the intersection of County Road
21.5 and Harpenden Lane at the intersection of Harpenden Lane and Harpenden Court No other
signing is anticipated for this project
COMPONENT SEVEN
MUD Impact
This project is not within a MUD area.
COMPONENT EIGHT
Intergovernmental Agreements Impacts
This project is not within an area governed by intergovernmental agreements.
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• DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
MOREA MANOR NORTH SUBDIVISION
ARTICLE I—PREAMBLE
Declarant is the owner of that certain real property situated in Weld County, Colorado, described
on Exhibit"A"hereof(The Property). The Property has been platted as Moorea Manor North
Subdivision simultaneously with this declaration.
Declarant desires to develop The Property for residential purposes. Declarant deems it desirable
to subject the Property to the covenants, conditions and restrictions set forth in this Declaration in
order to preserve the values of the individual lots and to enhance the quality of life for all owners
of such lots.
Declarant therefore declares that all of The Property is and shall be held,transferred, sold,
conveyed and occupied subject to the terms,restrictions, limitations, conditions, covenants,
obligations, liens, right of ways, and easements which are set forth in the Declaration, all of
which shall run with The Property and shall inure to the benefit of, and the binding upon, all
parties having a right,title, or interest in the The Property or a portion thereof, and such person's
heirs, grantees, legal representatives, successors and assigns.
• Any restrictions or regulations not addressed specifically shall be in accordance with Weld
County Zoning and subdivision regulations.
ARTICLE II-DEFINITIONS
General: The words and terms defined in this Article shall have the meanings herein set forth
unless the context clearly indicates otherwise.
Association: Shall mean and refer to the Moorea Manor North Subdivision Homeowner's
Association, a Colorado Nonprofit Corporation established pursuant to Article IV of this
Declaration. The members of the Associations shell be Lot Owners as defined herein.
Common Areas: Shall refer to all real Property or interest therein owned by the Association and
easements and rights of way for the common use and enjoyment of the Owners,together with and
including,but not by way of limitation,the road,Harpenden Lane, Harpenden Court, utilities, and
utility easements.
Developer: Shall mean Weld 45 Acre LLC, owner of The Property, their successors and assigns.
Developer Responsibilities: Shall refer to the road construction pursuant to specifications
required by Weld County known as Harpenden Lane and Harpenden Court.
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• Developer shall install a paved road according to the specifications of Weld County.
The Association shall maintain, repair, and replace the road after the Developer has
installed such facility.
Developer shall plant non-weed vegetation and landscaping in the designated open space.
The Association shall maintain and replace the non-weed vegetation after the Developer
has planted such vegetation.
Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of
The Property described on Exhibit"A"and owned by the "Owner", with the exception of any
Common Areas.
Road and Utility Easements: Shall mean and refer to the road Harpenden Lane and Harpenden
Court and all utility easements presently existing on The Property or subsequently constructed by
the Declarant on the tracts or parcels of the property. "Roads"and "Utility Easements" shall not
include private driveways or utility extensions constructed by individual Owners to provide
access and utilities to dwellings or other structures located upon such Owner's lot.
Single Family Dwellings: Shall mean an independent structure designed and occupied as a
residence for a single family.
Subdivision: Shall mean and refer to Moorea Manor North Subdivision.
• Other terms may be defined in specific provisions in the declaration and shall have the meaning
assigned by each such definition.
ARTICLE III-USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The
Primary residential building must include as a part thereof, a garage, or if a garage is not included
as a part fo the residence,then a separate garage structure shall have identical architectural design
and exterior design and appearance consistent with that of the residence.
a. Size: The dwelling space of the residence, exclusive of the garage and open porches,
shall contain a minimum of 2000 square feet of finished non-basement living space. The
maximum height of the residence and any accessory building is not to exceed thirty (30)
feet.
b. Pre-constructed Homes: No Homes of a pre-constructed nature shall be permitted
without prior written approval of the Developer. No mobile homes or modular homes
shall be allowed.
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• c. Exterior Materials: The exteriors of all residences must be wood, masonry, stone,
stucco or material with a stucco-like appearance. Any vinyl or aluminum-sided houses
must be approved by the Developer. All construction shall be new. No building
previously used at another location nor any building or structure originally constructed as
a mobile dwelling or structure may be moved onto a Lot.
d. Limitation on Dwelling: No more than one dwelling shall be erected or maintained
within any Lot. No Lot may be subdivided to create any additional Lots in the
Subdivision.
e. Rebuilding or Restoration: Any dwelling or building which may be destroyed in whole
or in part by ire, windstorm or from any other cause or act of God must be rebuilt or all
debris must be removed and the Lot restored to a slightly condition, such rebuilding or
restoration to be completed with reasonable promptness and in any event within six
months from time the damage occurred.
3.2 Accessory Buildings: No more than two (2) accessory buildings in addition to the garage
with a maximum square footage of 3,000 sq.ft. total, which are well constructed and neat of
appearance, shall be permitted. No buildings with a Quaonset type appearance are permitted.
The style of the garage or other accessory building shall match the same architectural style as the
residence.
3.3 Fencing: Fencing is to be in keeping with the appearance of the surrounding rural setting, i.e
barb or barbless wire fencing, wire fencing, natural wood(unpainted) and vinyl are allowed.
• Chain-link fencing is allowed only for a dog run area.
3.4 Outdoor Storage: Some outdoor storage will be allowed for motorhomes, boats,trailers and
other recreational vehicles belonging to the Owner of each Lot. Storage must remain neat and in
good repair. No junked vehicles or broken machinery, etc. shall be stored on any property.
3.5 Right of Way and Easements: The area known as Harpenden Lane and Harpenden Court is a
road right of way and is to remain open space: free of buildings, fences,trees or shrubs. The
Developer will seed non-weed vegetation in the right of way: and thereafter, he Association will
assume responsibility of the maintenance of said right of way. Easements and non-buildable
areas for the installation and maintenance of utilities and drainage facilities are reserved as shown
on the Plat. Within these easements, no structure, planting or other materials shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of
utilities, which any change the direction of flow of drainage in the easements. If any landscaping
or structure is installed which violates such requirements in the right of way or easements and
drainage areas,the Association may give the Owner written notice to remove such landscaping or
structure. If the Owner fails to remove the landscaping or structure within thirty(30) days of
receipt of notice,the Association may have such work done at the expense of the Owner of the
lot., If the work is done by the Association at he Owner's expends,the Owner shall pay for such
work within ten(10) days after notice is given in writing to the Owner as to the cost of such
work. In the event of failure to pay within that time and if the Association thereafter incurs any
attorney's fees and costs in collecting such amount from the Owner, all such attorney's fees and
costs incurred shall likewise be a debt owed by the Owner to the Association. The easement area
of each lot and all improvements on it shall be maintained continually by the Owner of the lot.
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• 3.6 Maintenance of Lots: The Owner of each Lot shall plant and maintain non-weed vegetation
and remove any trash or other debris. Vegetation shall be maintained at a height of no more than
twelve inches (12") unless being harvested for feed purposes. All ground cover must be
maintained at a minimum vegetation height of approximately two inches(2")to minimize dusty
conditions. Any corral areas shall be maintained so as not to create a dust nuisance. If an Owner
fails to maintain their lot in accordance with this requirement, the Association shall have the right
to maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's
expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the
Association in collecting such charges.
3.7 Large Animals: Two large animals shall be permitted per Lot. Large animals are defined as
a non-domesticated animals such as a horse, cow, sheep, goat, llama, pig, etc. Pens shall be
neatly maintained so as not to create a nuisance to neighbors.
3.8 Owner Maintenance: Each Owner shall maintain the exterior of the dwelling, any Accessory
Building and all other Structures, lawns and landscaping, walks and driveways, in good condition
and shall cause them to be repaired as the effects of damage or deterioration becomes apparent.
Exterior building surfaces and trim shall be repainted periodically and before the surfacing
becomes weather-beaten or worn off. All yards and open spaces and the entire area of every Lot
on which no building has been constructed shall be kept free from plants or weeds infected with
noxious insects or plant diseases and from weeks which in the reasonable opinion of the
Architectural Control Committee are likely to cause the spread of infection or weeds to
neighboring property and free from brush or other growth or trash which in the reasonable
opinion of the Architectural Control Committee causes undue danger of fire.
• 3.9 Nuisances: No noxious or offensive activities shall be carried on upon any lot, nor shall
anything be done thereon which may become an annoyance or nuisance to the entire
neighborhood.
3.10 Recreational Vehicles: No trailer, motor home, camper unit, boats or similar recreational
vehicle shall be parked on Harpenden Lane. No Owner shall be allowed to park a vehicle on
Harpenden Lane except for temporary guest parking.
3.11 Compliance: Each lot owner shall maintain compliance at all times with the requirements
of the Weld County Public Works Department,Weld County Health Department,Division of
Wildlife, Fire Protection District, the Weld County Planning Department and all governmental
entities with jurisdiction over this subdivision.
3.12 Oilfield Production: OiUgas production vehicles have the right to access their production
facilities within the subdivision without interference by lot owners.
3.13 Business Uses: There shall never at any time be erected, permitted or maintained upon any
part of the Lots any business profession or other activity except as allowed below. This provision
is not intended to prohibit one time, isolated or occasional uses nor is it intended to exclude the
use of a home offices, such as an architect, which may be permitted so long as the operation of
the activity is not apparent or detectible by sight, sound or smell; conforms to zoning codes; does
not employ more than one person at a time who does not reside on the Lot, does not involve
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• regular visitation of the Lot by clients,customer, suppliers, or other business invitees, or door-to-
door solicitation of the residents of the Subdivision; does not involve business activity which is
inconsistent with the residential character of the Subdivision; does not constitute a nuisance, or
hazardous or offensive use, or threaten the security of safety of the other residents of the
Subdivision, as may be determined at the sole discretion of the Board.
Nothing in this provision shall prohibit the rental of a lot to a single family for the sole purpose of
a single family residence (as said terms defined), provided that all leases shall be for six months
or more, in order to ensure a long-term commitment to the safety, stability and upkeep of the
neighborhood. All leases shall contain a provision requiring that the tenants shall conform to the
covenants. The owners or any lot shall be personally responsible for any breach of these
covenants by their tenants.
Except for the uses permitted above, the prohibited uses include,but are not limited to day care
centers, churches, schools, foster homes, nursing homes,halfway houses, health care centers,
multifamily dwellings, or any uses of kindred character, because it is crucial to prohibit any
activity which results in customer traffic, warehousing, chemical odors, vehicular activity,
advertising displays, communication antennae, production equipment, employees, or any other
evidence of organized business uses of a dwelling. Personal computers, or wireless and
residential telephones do not, in and of themselves, imply commercial use of a dwelling.
3.14 Right to Farm Covenant: Weld County is one of the most productive agricultural counties
in the United States. The rural areas of Weld County may be open and spacious,but the are
intensively used for agriculture. Persons moving into a rural area must recognize there are
• drawbacks, including conflicts with longstanding agricultural practices and lower level of
services than in town.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment, dust from
animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure, smoke for ditch burning, flies and mosquitoes;the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved"out
of the way" of residential development without threatening the efficient delivery of irrigation
water to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the state of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is based
on responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire.
Fire protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies.
• 5
• County gravel roads, no matter how often they are bladed, will not provide the same kind
of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for the public works or may be
the private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services.
Children are exposed to different hazards in the county thin in an urban or suburban
setting. Farm equipment and oil field equipment,pond and irrigation ditches, electrical power for
pumps and center pivot operations,high speed traffic, sand burs, puncture vines,territorial farm
dogs, and livestock present real threats to children. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
ARTICLE IV-THE ASSOCIATION
4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and
administered by the Articles of Incorporation and Bylaws of the Moorea Manor North
Subdivision Homeowner's Association and by this Declaration. In the event of a conflict
between the provisions of the Declaration and the Articles of Incorporation and Bylaws of the
Moorea Manor North Subdivision Homeowner's Association,the terms of the Declaration shall
be controlling.
4.2 Membership: Each owner of a lot, upon becoming an owner, shall be a member of the
Association and shall remain a member for the period of ownership. If more than one person has
• an ownership interest in a lot, each person will vote that portion of a lot equal to the portion of
ownership.
4.3 Examination of Book by Mortgages: The holder of any recorded first mortgage or deed of
trust on a lot in the subdivision will, upon request,be entitled to:
(a) Inspect the books and records of the Association.
(b) Receive an annual financial statement of the Association after the end of each
calendar year.
(c) Receive any written notice of all meetings to the Association and shall be permitted
to designate a representative to attend all such meetings.
4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the
applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer,
and regulate Moorea Manor North Subdivision and to perform all of the duties required of it.
• 6
• •
• 4.6 Formula for Determining Assessments: Assessments shall be made no less frequently than
annually and shall be based upon a budget adopted not less frequently than annually by the
Association . The assessments shall be apportioned equally among all lots within the
Subdivision. Each Owner, by the acceptance of a conveyance of a lot shall be obligated to pay
his share of such expenses whether or not his lot is improved. If a new annual assessment is not
adopted, an assessment shall be presumed to have been adopted in the amount of the last prior
assessment.
4.7 Bases Upon Budget: Assessments shall be based upon the budget,which shall be established
by the Board of Directors at least annually,which budget shall be based upon the cash
requirements deemed to be such aggregate sum as the Board of Directors of the Association shall
from time to time determine is to be paid by all of the lot owners to provide for the payment of all
expenses growing out of or connected with the maintenance,repair, operation, additions,
alterations and improvements of and to Harpenden Lane,Harpenden Court, and the common
areas, which sum may include, but not be limited to, expenses of management; taxes and special
assessments unless separately assessed; premiums for insurance; repairs and renovations; wages;
water charges; legal and accounting fees; expenses and liabilities incurred by the Association or
any of it's agents or employees on behalf of the lot owners under or by reason of this Declaration
and the Article of Incorporation and Bylaws of the Association; for any deficit relating to
Harpenden Lane, Harpenden Court, and the common areas,which shall be funded by the regular
annual or monthly payments rather than special assessments.
4.8 Assessments for Other Charges: The Association shall have the right to charge a lot owner
for any common expense caused by the misconduct of such lot owner, in which event such
expense may be assessed exclusively against such owner. The Association shall have the right to
•
impose a lien for any such special service charge or charges due to misconduct that are not paid
when due; said lien shall include court costs and reasonable attorney's fees incurred by the
Association in collecting said charges.
4.9 Assessments: The amount of the common expenses and misconduct charges assessed against
each lot shall be the personal and individual debt of the owner thereof. No owner may exempt
himself from liability for contribution towards the common expenses by waiver of the use or
enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings
in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and
charges acquired prior to the date hereof. The Association shall have the authority to take proper
action to collect any unpaid assessment which remains unpaid for more than sixty(60) days form
the due date for payment hereof. In the event of default in the payment of an assessment,the lot
owners shall be obligated to pay interest at the rate of eighteen percent(18%) per annum on the
amount of the assessment from due date thereof together with all expenses, including attorneys'
fees incurred together with such late charges as are provided by the Bylaws or rules of the
Association. Suit to recover a money judgment for unpaid assessments shall be maintainable
without foreclosing the lien described below and such suit shall not be, or construed to be, a
waiver of lien.
• 7
• 4.10 Creation of Lien and Foreclosures: All assessments together with any special assessment or
other fee, cost or charges which an Owner is obligated to pay, shall be a debt of such Owner to
the Association on the date when each installment thereof becomes due. In the event of the
default of an owner in the payment of any installment, such amount, and any subsequently
acquiring unpaid assessments, together with interest thereon and together with all costs which
may be incurred by the Association in the collection of such amount,together with reasonable
attorneys' fees shall constitute the basis of a lien on such lot superior to all other liens and
encumbrances, except only for tax and special assessment liens on the lot in favor of any
governmental assessing entity, and all sums unpaid on a mortgage or deed of trust of record,
including all unpaid obligatory sums as may be provided by assessment setting forth the amount
of such unpaid indebtedness, the amount of the acquired interest lien shall be signed by one of the
officers of the Association on behalf of the Association and may, but is not required to, be
recorded in the office of the County Clerk and Recorder of Weld County Colorado.
Such lien shall attach and be effective from the due date of the assessment until all sums, with
interest and other charges thereon shall have been paid in full. Such lien may be enforced by the
foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real
property upon the recording of the above notice of lien. In any such proceedings,the owner shall
be required to pay the costs, expenses, and attorneys' fees incurred for filing the lien, an in the
event of foreclosure proceedings, all additional costs, all expenses and reasonable attorneys' fees
incurred. The owner of the lot being foreclosed shall be required to pay the association any
assessment or special service charge whose payment becomes due for the lot during the period of
foreclosure, and the Association shall be entitled to receive during foreclosure, and the
Association on behalf of the member owners, shall have the power to bid on the lot at foreclosure
• or other legal sale and acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or
otherwise deal with the same upon acquiring title to such lot.
4.11 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be
relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as
of the date of the recordation of the deed transferring such lot to the subsequent purchaser. The
Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of
all assessments and any related interest, costs and attorney's fees attributable to the lot acquired
through the date of such recordation, and the lien for recovery of the same shall remain in force
against such lot.
4.12 Mortgage Foreclosure: Notwithstanding any of the terms of provisions of this declaration in
the event of any default on the part of any owner under any mortgage or deed of trust which
entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the
delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and
owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to
the time such mortgagee receives a deed to a lot.
4.13 Board and Officers of Association: Until all lots have been sold by Declarant, the
Declarant may appoint and remove the officers and members of the Board of the Association.
• 8
• ARTICLE V-ARCHITECTURAL CONTROL COMMITTEE
5.1 Composition, Appointment and Removal: The initial Architectural Control Committee
("ACC") shall be Declarants, Weld 45 Acre LLC. They shall serve as the Architectural Control
Committee until at least four of the six lots in the subdivision have been approved with residential
structures. Thereafter the Board of the Homeowners Association shall have the right to appoint
three of its members as the ACC. In the event of the death, incapacity or resignation of any one
of such members, the HOA Board shall have the absolute authority to appoint a successor.
5.2 Review by ACC: No construction of any structure, or remodeling of an existing structure, or
any work on any Lot which requires a building permit shall be commenced, erected, placed or
moved onto a Lot, or altered in any way without the prior satisfactory approval of the plans,
having been previously submitted in writing to the ACC. Review and approval by the ACC of all
such construction will be based on the architecture, based upon these Declaration as thereto fore
provided, in order to have such structure blend in with the natural surroundings. Specific
attention will be given to requirements set forth in Article III under use and other restrictions of
these Declarations. All plans, samples and other materials shall be personally submitted to the
ACC and shall be submitted according to any rules and regulations promulgated by the ACC for
the submittal of such plans. The plans submitted to the ACC shall include the exterior design,
height, building material and color scheme thereof, the location of the structure plotted
horizontally relative to property and easement lines and setbacks, and vertically, the location and
size of driveways, fencing, walls and windbreaks, and the grading plan. Submission does not
have to include a landscaping plan.
• 5.3 Procedures: The ACC's approval or disapproval, as required by any provision of this
Declaration, shall be in writing and any approval shall expire in one year if construction has not
been commenced. The ACC may impose any conditions it considers advisable on any approval
or on the use or maintenance of any improvements. The ACC shall maintain written records of
all applications submitted to it, all actions it may have taken, and a copy of such plans,
specifications, and lot plans as finally approved. The ACC will attempt to act promptly upon the
submission, but the lot Owner, or its representative, must take into account that a certain period of
time will be required to review any such plans,to meet with the Lot Owner or builder to discuss
the same, and to arrive at a satisfactory approval or denial of all documents submitted. The Lot
Owner must anticipate a reasonable time period for this process, and submit the same in a timely
manner based upon the Lot Owners' expectation for approval and construction time frame.
5.4 ACC's Discretion and Non-Liability: The ACC shall exercise its best judgment to see that
all improvements and construction within the Lots conform to and harmonize with existing
surroundings and structures. In granting or withholding approval,the ACC shall consider, among
other things,the adequacy of the materials for their intended use and whether the structure or
covering will cause intrusions of sound, light,or other effect on neighboring sites beyond those
reasonable to be expected in a quality urban residential area from considerate neighbors. The
ACC or its duly authorized representatives shall not be liable in any manner for any action taken
or failure of action in these premises.
• 9
•
• •
5.5 Waiver: The ACC may, at its discretion, waive any provision of Article III of this
Declaration in the event it finds a practical difficulty or unnecessary hardship.
5.6 Fences: Lot Owners upon prior written approval of the ACC may construct fences. Said
fences must comply with all rules and specifications adopted by the Association, which shall have
the final decision on what is deemed permissible.
5.7 Enforcement: The Architectural Control Committee and its agents shall have the right to
enter upon any lot in the Subdivision when necessary and shall not be deemed a trespass for the
purposes of:
(a) inspection of property to determine compliance with the Declarations:
(b)to deliver notification of breach of Declarations; or,
(c)upon the failure by any Owner to cure a breach, within thirty days of written
notification, the ACC may at its option make repairs or perform maintenance or
otherwise undertake action to cure the breach to restore the appearance of the property
involved to a reasonable attractive condition or otherwise bring such property into
compliance with the Declarations. In the event Declarant elects to make repairs,perform
maintenance or take other action pursuant to this section,Declarant will submit to the
Owner or persons responsible for the property upon which or for whose benefit such
notice. If Declarant's costs have not been paid after expiration of this thirty-day period,
Declarant may thereafter record a lien against the Lot(including improvements thereon)
• for all costs (including reasonable attorneys' fees) incurred by the Declarant in
performing the maintenance and in collecting such cost and foreclosing upon the lien.
This lien shall be junior to all other liens or encumbrances of record with respect to the
Lot on the date this lien is recorded. This lien may thereafter be foreclosed upon in the
manner provided by Colorado Law for foreclosing upon real estate mortgages. This lien
shall provide all sums expended by Declarant(including reasonable attorneys' fees) shall
be additional indebtedness secured by the lien. This Declaration is for the Benefit of the
Owners,jointly and severally, the Association and of the ACC and may also be enforced
by action for damages, suite for injunction, mandatory and prohibitive, and other relief,
and by any other appropriate legal remedy, instituted by one or more Owners,the
Association,the ACC, or any combination of the two. All costs, including reasonable
attorneys' fees, incurred by the Association or the ACC in connection with any successful
enforcement proceeding initiated by the Association or the ACC (alone or in combination
with Owners) shall be paid by the party determined to have violated the Declaration.
Any party exercising its right to enforce this Declaration shall not be required to post any
bond as a condition to the granting of any restraining order,temporary or permanent
injunction or other order. Their rights and remedies for enforcement of this Declaration
shall be cumulative, and the exercise of anyone or more of such rights and remedies shall
not preclude the exercise of any of the others.
• 10
• •
5.8 ACC Resolution of Questions of Construction: If any doubt or questions shall arise
•
concerning the true intent or meaning of any of these Declarations, the ACC shall determine the
proper construction of the provision in question and shall set forth in a written instrument duly
acknowledged by the ACC and filed for record with the Clerk and Recorder of Weld County, the
meaning, effect and application of the provision. These determinations will thereafter be binding
on all parties so long as it is not arbitrary or capricious.
ARTICLE VI-GENERAL PROVISIONS
6.1 Durations: Subject to the provisions of Section 6.2 of this Article, this Declaration shall
remain in full force and effect, shall run with the land and shall be binding on all persons having
any interest in any lot in the Subdivision for a period of twenty(20)years from the date this
Declaration is recorded and thereafter shall be automatically extended for successive periods of
ten(10)years unless an instrument signed by the majority of the then owners of lots in the
Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part.
6.2 Amendments: 'This Declaration, or any portion thereof, may be amended or revoked at any
time by an instrument in writing signed by the Owners of at least five of the Lots in the
Subdivision. Any amendment shall be effective only upon the recordation of the written
amendment or ratification thereof containing the necessary signatures of lot owners and
encumbrance holders. No amendment to this Declaration may be made which conflicts with any
of the lows of the State of Colorado, or ordinances of Weld County. No amendment shall effect
any rights of Declarants unless approved in advance by and consented to by Declarants in writing.
• 6.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall
not be deemed to impair or affect in any manner the validity, enforcement or effect of the
remainder of this Declaration an, in such event, all of the other provisions of this Declaration
shall continue in full force and effect as if such invalid provision had never been included herein.
6.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of
the invalidity of any covenant or provision of this Declaration or Declaration to enforce any
covenant or provision hereof. This Section 6.4 may be pleaded as a full bar to the maintenance of
any such action or arbitration brought in violation of the provisions of this Article.
6.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or
waived by reason of an failure to enforce the same, regardless of the number of violations or
breaches which may occur.
6.6 Captions: The captions herein are inserted only as a meter of convenience and for reference
and in no way define, limit or describe the scop0e of this Declaration nor the intent of the
provision hereof.
6.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include
the feminine and neuter, and the use of the singular shall be deemed to refer to the plural, and vise
versa,when the context so requires.
• 11
• •
• 6.8 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice
to a member of the Association shall be sufficient if sent by U.S. Mail, sufficient postage prepaid,
to the last address given by such member to the Secretary of the Association. In such event,
notice shall be deemed effective three(3) days after such deposit into the U.S. Mail. Notices may
also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall
be effective on the date that delivery is accomplished. If sent by registered or certified mail,
notice shall be deemed effective three (3) days after deposit into the U.S. Mail, sufficient postage
prepaid.
•
• 12
• IN WITNESS WHEREOF, the undersigned being Owners of lots in Moorea Manor
North Subdivision executed this Declaration the year and date indicated below.
BY: ,
Elias Petride � Richard P�rietti
",
• ----- 1
L ell Hansen
STATE OF COLORADO )
)ss.
COUNTY OF ARAPAHOE )
The foregoing Declarations of Covenants, Conditions and Restrictions were subscribed,
• sworn to, and acknowledged befo e me by Elias Petrides, Richard Perietti, and Lowell
Hansen, on the_a_&day of Jq/Jt 2006.
Witness my hand and official seal. SANDRA A. PRODAN
/ f NOTARY PUBLIC
[ / ��)� STATE OF COLORADO
My commission expires: (> //(
Notary Public
•
• Moorea Manor North Subdivision,
Declaration of Covenants
EXHIBIT A
LOTS 1 THROUGH 8, MOOREA MANOR NORTH SUBDIVISION, being all of
Lot B of Recorded Exemption#2812; being part of the SI/2 NW1/4 of Section 2,
Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado
•
•
• •
• IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE) }r /
THIS AGREEMENT,made and entered into this 7/ day of OcfcG(,f , 20 Ob, by and between
the County of eld,Stati of Colored o,acting through its Board of County Commissioners,hereinafter called"County,"
and / ife/fLLC , hereinafter called"Applicant."
W ITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld, Colorado:
[of 6 RE AM. 1311 -02- Z 'RE 2$1Z Lacder�io Sectidn 2�
?ZN� £G7W� 6 P,h.� Wsl� G' 4// S1�1'p of Wilda,
, WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, lo be known as
/n/ovaI/Anal AlL ; 0. has been submitted to the County for approval;and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision F inal Plat,Planned Unit
Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improve ments Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting
documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along
• with a time schedule for completion,are listed in Exhibits"A"and "B"of this Agreement.
NOW,TIIEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering sery ices in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado,and shall conform to the standards and criteria established by the
County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to, surveys,designs,plans and
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract. Before
acceptanceofthe roads within the Subdivision or Planned Un it Development by the County,Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements. All such rights-of-way and easements used for the
construction of roads to be accepted by the County shall be conveyed to the County and the documents of
• conveyance shall be furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
• Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated
herein by reference.
3.1 Said construction shall be in strictconformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that arc more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect,or to require
testing and inspection of material and work, at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems,water,gas,electric and telephone services.
• 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the
terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of
County Commissioners, at its option, may grant an extension of the time of completion shown on
Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result ofall suits,actions or claims of every nature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgments
rendered against the County on account of any such suit,action or claim,together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its e mployecs while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
5.0 Off-Site Improvements Reimbursement Procedure: The subd ivider,applicant,or owner maybe reimbursed for
off-site road improvements as provided in this section when it has been determined by the Board of County
Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are
not adequate in structural capacity,width,or functional classification to support the traffic requirements of the
uses of the Subdivision or Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to
recording the finalplat when the subdivider,applicant,or owner expectsto receive reimbursement for
part of the cost of the off-site improvements.
• 5.2 The off-site improvements agreement shall contain the following:
2
• •
• The legal description of the property to be served.
The name of the owner(s)of the pmperty to be served.
A description of the off-site improvements to be completed by the subdivider,applicant,or
owner.
The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or
Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special
study approved by the Board of County Commissioners.
A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the agreement.
Any off-site impmvements agreement shall be made in conformance with the Weld County
policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the
opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a
Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constmcted
under an improvem ents agreem ent,the subsequent subdivider,applic ant,or owner shall reimburse the
original subdivider,applicant, o r owner, for a portion of the original construction cost. In no event
shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of
improvements less the pro rata share of the total trip impacts generated by the original development.
Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent
subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to
recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat.
• 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner
of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements
constructed under a prior improvement agreement will be based upon a pm rata share of the total trip
impacts associated with the number and type of dwelling units and square footage and type of
nonresidential developments intended to use the road improvement. The amount of road improvement
costs shall also consider inflation as measured bythe changes in the ColoradoConstruction Costlndex
used by the Colorado Division of Highways. The cost of road improvem ents may be paid by cash
contribution to the prior subdivider, applicant or owner, or by further road improvements which
benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further off-site road
improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of Transportation
Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement
construction costs for all Subdivisions,Resubdivisions, or Planned Unit Developments. A special
transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision, Resubdivision,or Planned Unit Development will
generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site
improvements agreement,entered into between the subdivider and the County, is ten years from the
date of execution of a contract for road improvements.
5.8 This provision is not intended to create any cause of action against Weld County or its officers or
employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County
to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants,
• or owners.
3
• •
• 6.0 Acceptance of Streets for Maintenance b y the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part
of the County road system and will be maintained and repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service when completed
according to the schedule shown on Exhibit "13," but such use and operation shall not constitute an
acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvements in that phase of the development arc satisfactory to the County;and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of theconstruction of streets within a Subdivision or Planned Unit Development and
the filing of a Statement of Substantial Compliance,the applicant(s) may request in writing that the
County Engineer inspect the streets and recommend that the Board of County Commissioners accept
them for partial maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair ofstreets,curbs and gutters,and related street improvements. Not sooner than nine
months after acceptance for partial maintenance of streets, the County Engineer shall, upon request
by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The
County Engineersh all reinspect the streets after notification from the applicant(s)that any deficiencies
have been corrected. If the County Engineer finds that the streets are constructed according to County
standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a
positive unqualified recommendation from the County Engineer for acceptance of streets within the
develop ment, the Board of County Commissioners shall accept said streets as public facilities and
County property,and shall be responsible for the full maintenance of said streets including repair.
• 7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent
(100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat app roval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collatera I shall be submitted and the plat recorded within six(6)months
of the Final Plat approval. If acceptab le collateral has not been submitted within six(6)months then
the Final Nat approval and all preliminary approvals shall automatically expire. An applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies and regulations.
The improvements shall he completed within one(1)year alter the Final Plat approval(not one year
alter acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirN(30) days prior to its expiration and further provides that cost estimates for
the remainingimprovements are updated and collateral is provided in the amount of One-Hundred
percent(I00%)of the value of the improvements remaining to be completed. If improvements are not
completed and theagreement not renewed within these time frames,the County,at its discretion,may
make demand on all or a portion of thecollateral and take stepsto see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will place restrictions
on those portions of the property that are not covered bycollateral which willprohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
• 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the
improvements described in Exhibit "A"will be adjusted higher o r lower for the year and quarter in
4
• •
• which the contemplated work is being performed based on "The State Highway Bid Price Index"
contained in the "Quarterly Cost Rep ort" of The Engineering News-Record as published by The
McG raw-Hill Companies. The applicant has provided costestimales forall phases of the development
which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting
of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the
total value of the improvements as set forth in Section 6.0 and Exhibits"A" and "B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the
estimated costs of completing the uncompleted portions of the required improvements,based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets,
• sewers,water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date ofproposed expiration of the Letter of Credit
shall be either the date of release by We Id County of the final fifteen percent(15%),or one
year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral,an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in itscurrent degreeofdevelopment is sufficient to cover One-Hundred
percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County, then an appraisal is required o f the property by a Member of the Institute
• of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent (100%)of the
5
• •
• cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board o f Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld C ounty determines there is a default of the Improvements Agreement, the escrow
agent,upon request by the County,shall release any remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the
• improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in the State of Colorado that the project or a portion of the project has been completed in substantial
compliance with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation(CDOT) Schedule for minimum materials sampling,testing and inspections found in
CDOT Materials Manual.
9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place
in accordance with the approved plans. The lettershall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
• 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans.
6
• 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
acceptance of the streets for partial maintenance by the County,the applicant(s)may request release
of the collateral for the project or portion of the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity,special district
or utility company.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board ofCounty
Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of CountyCommissioners,pursuant to a rezoning,Subdivision
or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility easements ofa character,extent and location
suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of
the following alternatives,or as specified in the Planned Unit Development plan,if any:
10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be
dedicated to the County or the appropriate school district, for one of the above purposes. Any urea
so dedicated shall be maintained by the County or school district.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved
through deed restrictions as open area, the maintenance of which shall be a specific obligation in the
deed of each lot within the Subdivision or Planned Unit Development.
• 10.3 In lieu of land, the County may require a payment to the County in an amo unt equal to the market
value at the time of Final Nat submithion of the required acreage as determined by relevant Sections
of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives,
successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running
with the land herein described,and shall he binding upon the successors in ownership of said land.
•
7
• •
• IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT:
APPLICANT: --- -- -- —
TITLE:
Subscribed and sworn to before me this day of , 20_ .
My Commission expires:
Notary Public
ATTEST: BOARD OF COUNTY COM MISSIONERS
WELD COUNTY, COLORADO
• Weld County Clerk to the Board , Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
8
• •
• EXHIBIT "A"
Name of Subdivision Unt
or Planned Unit Development 1iaurea /144(1 kill AU, D.
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Quantity Units Unit Estimated Construdion
Costs Cost
Site grading Z,MO CY 2-e0 Y en,e0
Street grading J�000 CY 190 6 gee fie
Street base gm PA 10'00 II eta,00
Street paving 5100 i- Yet 2000 117 OOp,Ile
Curbs,gutters,and culverts
Sidewalk -
Storm sewer facilities -
Retention ponds
Ditch Improvements
Subsurface drainage —
Sanitary sewers
• Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage `
Water Mains(includes bore) I10 1-,f 20-00 I( lend
Fire hydrants 1 Ea. 311111 qr /0010
Survey and street monuments and boxes ,') [p ico.01 twit
Street lighting
Street Names
Fencing requirements -
Landscaping L S 25.100•00
Park improvements -
Road culvert SD LP 30-H If 500-e1
Grass lined swale 7 0/0.00
Telephone /
Gas 12,100.0/
Electric i,r 000
Water transfer
SUB-TOTAL: ;136, O140
A
Engineering and Supervision Cogs$ 2 ea
(Testing,inspection,as-builtplans and work in addition to preliminary and final plat; supervision of actual construction
by contractors) 31
• TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ Z 1 000.00
9
• •
• The above improvements shall be constructed in accordance with all County requirements and specifications, and
conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By:
Applicant
Applicant
Date: ,20
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
•
•
10
• •
•
EXHIBIT "B"
Name of Subdivision h� /�
or Planned Unit Development �✓j. floored Manor Nai I�1' ('U --
Filing:
Location:All improvements shall be completed within! I _year/from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improve ments Time for Completion
Site grading r /*Oil
Street grading I t4141
Street base I M0al4
Street paving Monti
• Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities —
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers _
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
.:c
On-site water supply and storage
Water mains I tic/Ni
Fire hydrants
Survey and street monuments and boxes
Street lighting _
Street name signs
Fencing requirements
Landscaping 1 P1 iJI
Park improvements
Road culvert
Grass lined swag:
Telephone 1 PA
II
Gas I
Electric MIA
Water transfer �/J �j�
SUB-TOTAL: LV Pdl/ '{
•
I
• •
• The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular imp rovements shown above, upon a showing by the Applicant that the above schedule cannot be met.
By: _
Applicant
Applicant
Date: ,20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
•
12
UBS
^ • UBS Financial al ,Services Suite
Inc.
RegU lS UBS Fin Plaza ci 1, e In0
4643 South Ulster Street
Denver, CO 80237-2869
Tel. 303-488-3176
Fa• 303-741-8475
800-547-3178
Terrence 1. Nugent
Senior Vice President-Investments
terrynudent@ubs nom
October 11, 2006 www.ubs.com
Weld County, Colorado
To Whom It May Concern:
This letter is to inform you that Elias "Lee" Petrides has a Premier Variable Credit Line account
with UBS Financial Services with an approved loan amount of $500,000.00. He presently has
drawn out $55,516 from that line of credit.
If you should need further information concerning Mr. Petrides' UBS account, please contact me
at 303.488.3170.
Sincerely,
nea ./:( Olzkii )
;4/
Michael J. Pasquar ello
Senior Register Client Service Associate
UBS Financial Services
Assistant to Terrence J. Nugent
Senior Vice President, Investments
UBS Financial Services
•
• •
•
PROFESSIONAL ENGINEER'S
UTILITY DESIGN CERTIFICATION
I hereby certify that the Final Construction Drawings for Moorea Manor North P.U.D.,which
includes the design of utility infrastructure for this subdivision, was prepared by me to be in
accordance with the Weld County Code and to in accordance with the design criteria established
by the individu utili providers.
n t tr t
1.• f�. .
Jeffrey W. Couch
Registered Professional Engineer
State of Colorado Number 16584
•
• •
•
FINAL DRAINAGE REPORT
FOR
MOOREA MANOR NORTH
Located in the Northwest Quarter of Section 2,
Township 2 North, Range 67 West of the P Principal Meridian
Weld County, State of Colorado
Prepared for:
Mr. Lee Petrides
Weld 45 Acre, LLC
9202 South Rockport Lane
• Highland Ranch, CO 80126
(720)434.4150
Project Number: 779-0201
October 2006
Prepared by:
Jeffrey W. Couch, P.E.
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970)231.9937 \4
•
• •
• List of Figures
Figure 1 Vicinity Map
Figure 2 Aerial Photo
Figure 3 Historical Drainage Patterns
Figure 4 Proposed Layout
Figure 5 Site Topography
•
•
Final Drainage Report
• For
Moorea Manor North
A. Introduction
This report was prepared as part of the P.U.D. Final Plat Submittal for an eight (8) lot
subdivision to be known as Moorea Manor North. The intent of this report is to identify existing
drainage patterns and to determine any impacts to these patterns which may be created by the
proposed development This report was prepared to be in conformance with the criteria outlined in
Chapter 24"Subdivisions",Article VII of the Weld County Code.
B. Site Description
The Moorea Manor North Subdivision is proposed to subdivide 45.20 acres of irrigated
farm ground into eight(8) residential tracts. These westerly two tracts are separated by the Lupton
Bottom Ditch.
This property is located at the northwest corner of Weld County Roads 21.5 and 24.5
approximately two and one-half miles south and one and one-half miles west of Platteville,
Colorado. (See Figure 1 — Vicinity Map.) The site is more particularly described as lot B of
Recorded Exemption No. 1311-02-2-RE2812 located in the Northwest Quarter of Section 2,
Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado.
The site has not been farmed in several years, but has been used historically to produce
hay or alfalfa. There are no structures on the site and the site is traversed from north to south by
the Lupton Bottom Ditch. Irrigation water to the site is provided by the New Coal Ridge Ditch via
private laterals.
•
1
• •
• Figure 1 Vicinity Map
00
Cn
34 35 cn 36
ROAD 26 S\
N
(G 'Lim o
OZ
N o N
• 8 \ o ( n
Q o
o
, N / 0
( ROAD 24 /2
3 0 2 1
•
o I o
s
o�
0y ROAD 24
10 111 12
• VI C N TY V1 AD
SCALE 1 " = 1000 '
• Weld County Road 21.5 forms the east boundary of the site. Irrigated farm parcels are
adjacent to the north and west sides of the site. The recently approved Moorea Manor six lot
subdivision is adjacent to the south of this parcel.
The soil survey maps indicate that the property is composed of Vona Sandy loams with
slopes between one (1) and three (3) percent. These soils are suitable for residential development
and septic systems.
C. Project Description
It is intended that eight (8) residential sites will be developed. The sites will be accessed
by a local roadway and cul-de-sac to be constructed along the north boundary of the site. A
structure will be constructed across the Lupton Bottom Ditch to provide access to the westerly lots.
Because of the size of the lots, no overlot grading will be anticipated and all irrigation and drainage
• patterns will be maintained.
D. Historic Drainage
This site is located approximately one mile to the west of the South Platte River. The
terrain in this area slopes from west to east towards the South Platte River.
1. Off-site Flows
Several areas drain towards Moorea Manor North. They are summarized as follows (See
Figure 3 Historical Drainage Patterns):
•
2
• •
• Offsite Basins
Area
Subbasin (Acres) "C" Discharge Point
A 40 0.2 Retention Area—No Discharge
B 40 0.2 Retention Area—No Discharge
C Discharge Remains South of WCR 24
D Discharge Remains South of WCR 24
E 216 0.2 Retention Area—No Discharge
F 92 0.2 Detention Area—Discharge into Ditch
G 200 0.2 Flow to Low Area on Lot 1
Lot 6 10 0.2 Detention Area—Discharge into Ditch
Calculations for Subbasins A, B, E, F &Lot 6 show that the detention and retention areas
are adequate to accommodate flows are attached.
2. On-site Flows
•
On-site flows are identified as Subbasin G. Flows from this area travel easterly to a low
spot along Weld County Road 21.5 (See Figure 5 Site Topography). An eight (8) inch clay tile
outlet structure provides an outlet for this area.
E. Lupton Bottom Ditch
The Lupton Bottom Ditch traverses this area. The Lupton Bottom Ditch diverts water from
the South Platte River. Water conveyed in the ditch flows northerly. Several headgates provide
controlled water diversion into a system of private irrigation laterals.
Information from the Lupton Bottom Ditch Board of Directors indicate the following:
Average Ditch Flows 5— 10 cfs
Maximum Allowable Ditch Capacity 100— 110 cfs
• Maximum Measured Flows 120—130 cfs
3
• •
• The Ditch Company has had less demand in recent years due to the conversion of farm
land from agricultural to residential use, due to the lessening need for water on parcels that are
kept idle, and due to sale of water for other uses.
In recent years the ditch has experienced large algae growth in the canal system. This
growth has resulted in lower water quality due to algae blooms created by additional sunlight
penetrating the lower water depths. These conditions create the warmth and nutritional needs for
larger algae growth. The Ditch Company has asked that we allow all runoff to enter the ditch
directly to "flush"the system.
For the purposes of this project analysis, it is assumed that the ditch is full and water from
the west flows across the ditch. Subbasins E, F and Lot 6, however, will provide detention areas
which will discharge historic 5 year flows into the canal.
• F. Proposed Drainage
It is the intent of the proposed development to maintain all historic drainage and irrigation
patterns. Because of the proposed lot sizes, there is minimal increase in flows (see calculations in
Appendix). No major grade changes or overlot grading is anticipated.
Lot 6&Lot 7
A detention pond will be provided for Lot 6 and Lot 7. Historic runoff will be discharged
into the Lupton Bottom Ditch.
Lots 1 —5&Lot 8
Lots 1 — 5 and Lot 8 drain to the northeast. Water accumulates at the east edge of this
site.
•
• •
• An area immediately south of Moorea Manor North, north of Weld County Road 24, and
below the Lupton Bottom Ditch, is anticipated to flow through Moorea Manor North. Minor storm
flows will continue northerly along the west embankment of Weld County Road 21.5 through 18"
and 24"culverts under Harpenden Lane.
An area immediately north of Moorea Manor North drains to the low spot along Weld
County Road 24.5.
Minor storm flows will be conveyed by the channel along the east side of lot 1 and overtop
Harpenden Lane at the low elevation along the proposed vertical curve at Station 17+75.
Subbasin G has historically had no outfall. Water will pond adjacent to Weld County Road
21.5. A detention pond will insure that the runoff will be collected and not threaten adjacent
structures. A recently located 8"clay tile pipe provides an outlet for this area. The overflow for this
• area is to the north along the west side of Weld County Road 21.5.
G. ConclusionlRecommendations
1. All existing irrigation patterns will be maintained.
2. All existing drainage patterns will be maintained.
3. The local access road (Harpenden Lane) will be built to match existing ground
slope.
4. This property is not within a major drainageway or within the South Platte
Floodplain or Floodway as defined by the Federal Emergency Management
Agency.
5. A channel and detention pond will be constructed along the east side of lot 1.
6. An overflow for this area exists to the north along the west side of Weld County
• Road 21.5.
5
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Figure 5 Site Topography '�I 1
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iSTORM DRAINAGE CRITERIA MANUAL FIGURE 502
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PIPE CULVERT ANALYSIS
COMPUTATION OF CULVERT PERFORMANCE CURVE
• January 6, 2003
PROGRAM INPUT DATA
DESCRIPTION VALUE
Culvert Diameter (ft) 1.5
FHWA Chart Number 2
FHWA Scale Number (Type of Culvert Entrance) 3
Manning's Roughness Coefficient (n-value) 0.024
Entrance Loss Coefficient of Culvert Opening 0.8
Culvert Length (ft) 20.0
Invert Elevation at Downstream end of Culvert (ft) 0.0
Invert Elevation at Upstream end of Culvert (ft) 0.05
Culvert Slope (ft/ft) 0.0025
Starting Flow Rate (cfs) 7.0
Incremental Flow Rate (cfs) 0.0
Ending Flow Rate (cfs) 7.0
Starting Tailwater Depth (ft) 0.0
Incremental Tailwater Depth (ft) 1.0
Ending Tailwater Depth (ft) 0.0
COMPUTATION RESULTS
Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet
Rate Depth Inlet Outlet Depth Depth Outlet Velocity
• (cfs) (ft) Control Control (ft) (ft) (ft) (fps)
7.0 0.0 1.78 1.92 1.5 1.02 1.02 5.44
HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996
Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069
Phone: (281) 440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com
All Rights Reserved.
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Ft Lupton Post Office
533 4"St.
R.Lupton,CO 80821-8998 Ft, Lupton Post Office
• Bus:303 857-2019/4734
Fax:303 857-4127
Fax
To: Jeff Couch Frona loRena Swum
Fam 97-282.1790 Date: May 5 2006
Phone: 303-857-2019 Pages: 2 pages including cover
Re: Moores Manor CC:
Urgent For Review O Please Comment O Please Reply O Per Your Request
•
Jeff:
Here is the letter regarding Moores Manor, North. I spoke to Steve Klein regarding the keys
for the unit. I didn't put any of that info in the letter because neither of us thought the county
would need to know those particulars.
Any questions,please call me. My sincere apologies for this taking so long.
i
POSTMASTER
FT.Luno.POST°SACS
carigta
May 5, 2006
To:
Jacqueiing Hatch, Planner
Weld County Department of Planning
91810"' Street
Greeley CO 80631
li
We have reviewed the details for the entryway for Morrea Manor North along Weld
County Road 21 ,A as submitted by Jeff Couch of TEAM Engineering.
We are in general agreement with the layout as follows:
1. Dimension of entryway will allow enough room for the delivery vehicle
• to tum around.
2. Owner will maintain entryway especially for snow removal. Approach to
boxes will remain clear.
3. Owner will be responsible for purchasing the mail delivery unit to
accommodate the proposed fourteen (14) new customers.
Please feel free to contact me at (303) 857-2019 if you need additional information.
Sincerely,
LoRena Buum
Postmaster
070 C ST
FT LUPTOON,co 15St1-SSSS
Sw:70715740/0
Fax:S$157+tn
0
MOOREA MANOR NORTH PUD Developer: Jeff Couch
Case #PZ-1048 (Change of Zone from A to PUD) Planner: Jacqueline Hatch
IPPT S2NW4 2-2-67
ZONED PUD/ESTATE
IS NOT IN FLOOD PLAIN (0862C)
RIF AREA #3
CENTRAL WELD COUNTY WATER DISTRICT
INDIVIDUAL SEPTIC SYSTEMS
UNITED POWER
XCEL
QWEST
WELD RE-1
GILCREST-PLATTEVILLE FPD
FT LUPTON PO
8 RESIDENTIAL LOTS W/ 1 OPEN SPACE OUTLOT
STANDARD ESTATE BULK REQUIREMENTS
0 Lot 1 11625 Harpenden Lane
Lot 2 11623 Harpenden Lane
Lot 3 11621 Harpenden Lane
Lot 4 11619 Harpenden Lane
Lot 5 11612 Harpenden Court
Lot 6 11614 Harpenden Court
Lot 7 11616 Harpenden Court
Lot 8 11618 Harpenden Court
•
Lin Dodge
WC Building Tech
11/19/04
0CT-12-2006 THU 10:35 A11 • FAX NO. • P. 01/02
Report Dal : 10/12/2006 10:21AM WELD COUNTY TREASURER
Page; 1
STATEMENT OF TAXES DUE
• SC DULE NO: R0416200
AS ESSED TO:
WE D 45 ACRE LLC
9201 S ROCKPORT LN
HI FILANDS RANCH,CO 80126
LEGAL D SCRIPTION:
PT S2NW4 2-2-67 PT OF LOT B REC EXEMPT RE-2812 LYING E OF THE LUPTON BOTTOM DITCH(.45121D)
SITUS: W LD
PARCEL: 131102000005 S1TUS ADD; WELD
TAX Y z CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 78.00 0.00 0.00 78.00 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 10/12/2006 0.00
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2191- Actual Assessed
Authority Mill Levy Amount Values
WELD COUNTY 17.900 29.54 AGRICULTUR 5,666 1,650
SCHOOL DIST REl 10.971 18.10
NCW WATER 1.000 1.65 TOTAL 5,666 1,650
CCW WATER 0.607 1.00
CCS WA"ER 3.350 5.53
PLATTEV LLE-GI.LCREST FIRE 3.808 6.28
AIMS JUNIOR COL 6.357 10.49
WELD ILI. RARY 3.281 5.41
TAXES F R 2005 47.274 78.00
• ALL TAX L 3N SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO AD ERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACT PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL.PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PRO ERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS M:JET BE PAID BY CASH OR CASHIERS CHECK.
KO. Box 8
Greeley, 80632
(970)353. 845 ext.3290
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
Evi ence 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.• SL '^4 /
Date / d ,2� Z7 G
uul-Ic-cuuo [nu 1U.Jo I1lI • rHA INU. • r. UC/Uc
Report Date: 10112/200610:21AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
•
SCFZ-DULE NO: R0416400
ASSESSED TO:
WIILD 45 ACRE LLC
92O2 S ROCKPORT LN
HKIHLANDS RANCH, CO 80126
LEGAL DESCRIPTION:
PT S2NW4 2-2-67 PT OP LOT A REC EXEMPT RE-2812 LYING W OF THE LUPTON BOTTOM DITCH SITUS;
WELD
PARCEL: 131102000009 SITUS ADD: WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 PROCESSING FEE 5.00 0,00 0.00 5.00 0.00
2005 TAX 9.46 0.00 0.00 9.46 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 10/12/2006 0.00
ORIGINA TAX BILLING FOR 2005 TAX DISTRICT 2192-
Authority Mill Levy Amount Values Actual Assessed
WELD CO' NTY 17.900 3.58 AGRICULTUR 694 200
SCHOOL 1ST REl 10.971 2.20
NCW W TER 1,000 0.20 TOTAL 694 200
CCW W TER 0.607 0.12
CWC W TER 0.000 0.00
CCS WA ER 3.350 0.67
PLATTBV LLE-GILCREST FIRE 3.808 0.76
AIMS SUN OR COL 6.357 1.27
WELD LL RARY 3.281 0.66
• TAXES F R 2005 47.274 9.46
ALL TAX LEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES EY THE LIENHOLDER
OR TO AD ERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND TEE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PRO ERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 58
Greeley, 80632
(970)353- 845 ext.3290
' 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.
•
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