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Home My WebLink About20081363.tiff • PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: 003 Parcel Number O 7 a A - 3 Z - 3 - O C - n O V (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) Legal Description zfir A re-46-16- , Section 3z, Township 7 North, Range 67 West Property Address(If Applicable) Existing Zone District : PUA Proposed Zone District: Total Acreage: 35(98 Proposed #/Lots 8 Average Lot Size: 2-8?"f(c Minimum Lot Size: 257 Ac Proposed Subdivision Name: Hasee-s-ThrisaN Proposed Area (Acres)Open Space: 7.0 /d.caes Are you applying for Conceptual or Specific Guide? Conceptual Specific FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: //oftWsreM £SVer einatr! GLG Jn i. WEL57brN4c Sarso"SBK • Work Phone#303 5/!4 4781 Home Phone# 303 H146781 Email Address serbeusttchanesQ incn.con Address: 7'/7( (e a' 7'/ City/State/Zip Code Ahnip ao CO 8OC50 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: CH,P5neNec Se sir/ MA,NAG,rr.16 fltnr3erc Work Phone# 303 eat(0781 Home Phone# 30'34/9 ls7A/ Email Address CsetwvsaJc ho.xaa esn Address: 717/ CE sE 7'( . City/State/Zip Code AJ/NOSo2 (1J C1bSS-O UTILITIES: Water: /hark j 9G Gorrn/gI zoxi-enz. DIsr LcT- Sewer: SeeTfc L/,uarvfovt-L Pot. an) Gas: Aer FiruaG.P Electric: ,sG E'IuetaK Phone: azaL0ST L s-sw ur cA77 DISTRICTS: School: ,aJ f & irre sespoy r .iti4 Ise/ Fire: Zah OSo-R Xi OS 116774 L77usUT" Post: (JrNbso-,Q, r otoC4A0 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 i e fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corpora .I( - the n.er • - •,hereby request the Department of Planning Services to review this PUD Final Plat or request heari-.s bef. e W I. Co ty Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for th- above f ribed 'incor'orated area of Weld County, Colorado: 2008-1363 04/01/08 16:05 FAX O005 eRecorded In Weld County,CO Doc Id:3538290 02292008 08:51 A Receipt 7346026 Page: 1 of 1 Total Foe:$6.00 • Steve Moreno, Clerk and Recorder STATEMENT OF AUTHORITY (Section 38-30-172,CRS) 1. This Statement of Authority relates to an entity named The Home Ranch,LLC. 2. The type of entity is a Colorado Limited Liability Company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 7471 WCR 74,Windsor, CO 80550. 5. The name of the person(s)authorized to execute instruments conveying,encumbering or otherwise affecting title to real property on behalf of the entity is: Christopher Serbousek 6. The authority of the foregoing persons to bind due entity is not limited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,CRS. 8. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. • Executed this it day of February 008. Christopher . usek, STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was aclmowledged before me this n - day of February, 2008 by Christopher Serbousek,Manager of The Home Ranch,LLC. Witness my band and official seaL (SEAL) W g9na1,M,t, 13(. , — a • Notary Public Pursue My commission expires: Six ua t.ea V . son' r (3 • • THE HOME RANCH, P.U.D. QUESTIONNIARE/ DEVELOPMENT GUIDE Prepared For: The Home Ranch, LLC 7471 Weld County Road No.74 Windsor, CO 80550 • Contact: Chris Serbousek Phone: (303) 419-6781 Prepared By: Merrick & Company 2450 S. Peoria Street Aurora,CO 80014 Contact: Sac Ayala,P.E. Phone: (303) 751-0741 February 2008 PROJECT NO. 18014898 • DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado TABLE OF CONTENTS INTRODUCTION I. COMPONENT ONE-ENVIRONMENTAL IMPACTS II. COMPONENT TWO-SERVICE PROVISION IMPACTS M. COMPONENT THREE-LANDSCAPING ELEMENTS IV. COMPONENT FOUR-SITE DESIGN V. COMPONENT FIVE-COMMON OPEN SPACE USAGE VI. COMPONENT SIX-SIGNAGE VII. COMPONENT SEVEN-MUD IMPACT VIII. COMPONENT EIGHT— INTERGOVERNMENTAL AGREEMENT IMPACTS • APPENDIX Vicinity Map This Development Guide is an update of the documentation previously provided up through the "Change of Zone"process for the project under the name"Homestead PUD." No substantial changes have been made to the project concept and scope as of the approval of the Change of Zone, which was the most recent submittal of this Questionnaire/ Development Guide. • Page 2 RR MERRICK «, so,<a a,wo. ,Re o.,«,. .. „pen ,,.3 �l 25-0d dec II I I Engineers s amh0ecls DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado INTRODUCTION The proposed development, The Home Ranch PUD, is located in Northern Colorado and is situated in the southeast quarter of the southwest quarter of Section 32, Township 7 North, and Range 67 West of the 6th P.M., Weld County, State of Colorado. Access to the site is from Weld County road 74 along the south boundary of this project. The site is located just north of Weld County Road 74, between State Highway 257 and Weld County Road 15, approximately 3 miles east of Interstate 25. A vicinity map is located in the appendix of this report. There are no adjacent developments surrounding the property. There is a small housing subdivision northwest of the property, on the south side of Weld County Road 76 and west of Weld County Road 15, approximately '/4 mile away. There is an existing single family residence, approximately 5 acres, on the east side of the site that will share access to Weld County Road 74 by a common paved access. The remainder of the site is bound by existing agricultural lands to the north, east, and west. South of the development is Weld County Road 74, with more agricultural land and a single-family ranch house opposite on the south of the road. The proposed development site is approximately '/4 mile by 1/4 mile and consists of approximately 40 acres. The property is currently being used for agricultural proposes and is producing crops of alfalfa and corn. • There are currently no developments on the site other than direct access roads, irrigation ditches and small drainage culverts. A portion of the Lee Lake Lateral Irrigation Ditch crosses the southeast corner of the site. The proposed project includes the development of eight (8) large estate lots of approximately 2.5 acres each, with associated roadway and utility infrastructure. A density of approximately 0.2 DU/acre is proposed. A private park and open space area is planned in the middle of the development to provide room for storm water detention, as well as recreational area for the adjacent homeowners. i 4 • • lain=MERRICK am 1a�ragseen=a,xeport=,nev�nPmnnt Guide-02-26-08doc Englneea&Archiiu[B DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado THE HOME RANCH DEVELOPMENT DEVELOPMENT GUIDE This Development Guide is being prepared for the The Home Ranch Development, LLC. Preparation of this document will address proposed uses and development as delineated in Sections 27-6-30 through 27-6- 1 10 of the Weld County Code. Major Components of the development Guide: 1. Environmental impacts 2. Service Provision Impacts 3. Landscaping Elements 4. Site Design 5. Common Open Space usage 6. Proposed Signage 7. MUD imparts 8. Intergovernmental Agreement Impacts(IGA) I. COMPONENT ONE—ENVIRONMENTAL IMPACTS A. Noise and Vibration —The proposed development for the site is eight (8) single family large(± • 2.5 acres)estate lots. Any noise and vibration will occur during the construction of Roadway and utility improvements. A lesser degree of noise and vibration will occur during the construction of the single family structures. At full build-out, the degree of noise and vibration generated by a development of this type is e negligible. B. Smoke, Dust and Odors —The majority of smoke, dust and odors will occur during construction of roadways and utilities, and to a lesser degree during construction of the individual dwellings. Smoke and odors will primarily for from construction equipment. No burning of construction s material and/or existing vegetation will be allowed on site. Odors from fertilizer may occur depending on the type used. During construction the contractor will be required to mitigate dust 4 by utilizing watering trucks. Post construction dust will be controlled by mulching and/or for seeding of disturbed areas. C. Heat, Light and Glare— Any heat, light or glare will be generated during construction however, the amount will be negligible. Post construction light will be from street lighting, if required for this project. Design of any street lighting will be governed by Weld County standards and criteria. Street lighting of the interior private roadways is not anticipated at this time. • DUO MERRICK [.1ncr.i lncla69s1rurdl Rcpo:Csr Derelopmen c Guile-02-26-Os.doc ••■ engineers&Arcntlecis DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado D. Visual/Aesthetic Impacts—The proposed development(large estate lots)of the site will maintain the rural character of the area. The proposed lots will front the internal private roads and will not share any lot lines with the County Right-of-Way. To further soften visual impact, landscaping will be provided along the proposed roadways and along the north side of County Road 74. Landscaping along County Road 74 will be set hack to accommodate future roadway widening. Architecture of proposed dwellings and associated structures will be controlled by covenants and Home Owners Association. E. Electrical Interference—No Electronic/Electrical interference is anticipated. However, relocating and consolidating the development's access with the adjoining private residence to the east will require relocating power poles along the property line. The existing power poles that fall within the proposed access drive(proposed as Hannah Lane) will be relocated by Poudre Valley REA. P. Water Pollution — A Storm Water Management Plan (SWMP) and erosion control plan will be provided to the contractor. The contractor will be required to follow the guidelines and recommendations set forth in the SWMP and Erosion Control Plan during construction and post construction. A Detention and Water quality pond will be constructed to mitigate water pollution from developed run off and/or irrigation. • The southeast corner of the site is transected by the Lake Lee Lateral Irrigation Ditch. Generally the existing grades adjacent to the irrigation ditch will be maintained. Any grading near the ditch and/or crossings of the ditch will be designed so that no storm run off will enter the ditch. G. Wastewater Disposal—During construction: The contractor will be required to provide portable units for employee use. Portable units shall he placed away from natural drainage ways and irrigation ditches. In addition earthen berms will be utilized to contain any spillage. Post construction: Each individual lot will have a septic system/leach field. The septic system will be designed and constructed at the time each lot is developed. H. Wetland Removal—No wetlands exist within the subject property. I. Erosion and Sediment— An erosion control plan/report will be prepared and processed through Weld County. The contractor will be required to adhere to the requirements stated in the erosion control plan/report. The erosion control plan/report will stipulate measures to be taken during and post construction. J. Excavating, filling and Grading — Excavating and fill placement will be as directed in the Geotechnical Report prepared by Terracon Consulting Engineers and Scientists. Actual field work will be observed and monitored by a qualified Geotechnical Engineer. Grading operations will be accomplished with the least amount of disturbance to existing vegetation. Top soil will be stock piled and used in Green belt/Open space areas. S Amnia MERRICK =.,ACLI:9L1LB9eswerd,Reportstoevelopment <oide-03-2e OB.doc Engineers&Architects DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado K. Drilling, Ditching and Dredging - No drilling, ditching and dredging will be required for this project. L. Air Pollution—Any air pollution from the site will be minimal. Possible sources of air pollution during construction include exhaust from equipment. Airborne dust during construction will be mitigated by the use of water trucks. Post construction possible source of air pollution would be from wood burning fire places. M. Solid Waste — During construction the storing and removal of solid waste will be the responsibility of the contractor. Guidelines for handling, storage,and removal of solid waste will be outlined in the Construction Activities Storm Water Management Plan. Post construction solid waste will be consisting of waste typically generated by single family dwellings. Waste pick up will be accomplished by a commercial company licensed in the removal and disposal of solid waste. The individual homeowner and/or Homeowner Association will be responsible for obtaining solid waste removal services. N. Wildlife Removal — Wildlife removal for the project will not be required. The project site consists of corn and alfalfa crops, and no wildlife permantly reside on the site. 0. Natural Vegetation Removal — The majority of the project site consists of alfalfa. A small • portion along the north boundary of the site consists of corn. Once the corn is harvested the area will be planted with alfalfa,and/or natural grasses. During construction removal of existing vegetation will be kept to a minimum. Disturbed areas will be replanted. P. Radiation/Radioactive Material—There is no radiation and/or radioactive material located on the site. Q. Drinking Water Source —Potable water will be provided by North Weld County Water District. The site will be serviced by an existing water main located in County Road 74. R. Traffic Impacts — Per a meeting with Weld County on June 14. 2005, no traffic study will be required. The estimated traffic generated by this project is 9.57 vehicles/day/lot. Ii In anticipation of future expansion of County Road 74, an additional 40 feet of right-of-way will be granted with this project. Facilities for the site, specifically the landscaping and detention pond, have been designed to accommodate the future roadway expansion/widening without subsequent relocation or cost to the County. II. COMPONENT TWO-SERVICE PROVISION IMPACTS A. Schools—The project is situated within the boundaries of Weld County School District#4. • RRR U MERRICK 1RACI.11901 4 8 9 81Word,Repo,t s,Oeoelopmene Guide-02-26-08-doc ❑ Engineers 8 Architects DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado The project consists of eight (8) single family estate lots. There will be no significant impact to the school district. School mitigation fees will be paid, as required. The project site will provide adequate school bus access as required by the District. Said access to include a shelter and school bus turn-around area located outside of the County Road 74 Right-of-Way. . B. Law Enforcement —The project site is located within the Jurisdiction of Weld County Sheriffs Department. The complex providing service is "Weld County Law Enforcement Building; 1950 O Street; Greely, CO, 80631". No negative impact to the Weld County Sheriffs Department is anticipated. Adequate access to the project site will be provided by Private Roadways. Per comments received with the Change of Zone, the future members of the Home Owners Association will be advised that, as private roadways these facilities will not be patrolled by the Weld County Sheriffs office. C. Fire Protection — The project site is located within the jurisdiction of the Windsor Fire Department. The fire projection will be provided by a Public Water Main and Fire Hydrant system maintained by North Weld Water District. Adequate fire access, including fire apparatus turn-arounds, will be provided by private roadways. D. Ambulance—The project site will be serviced by the"Weld County Paramedic Services; 1121 M Street; Greely, CO, 80631". If required additional emergency response will be provided by • Larimer County Paramedic Service. Emergency access will be provided by public road ways. E. Transportation — Weld County maintains a transportation system through out the County, in addition the State of Colorado also maintains a transportation system that provides access through the County. The project site is situated North of and adjacent to Weld County Road #74, and approximately one-half mile West of State Highway 257. Weld County Road #74 is an existing 60' right-of-way, with improvements consisting of 2-lane paved roadway with side ditches. Access to the site will be from County Road#74. An additional 40' of right-of-way along the North side of County Road #74 (Adjacent to the I project) will be granted with this PUD. The additional right-of-way is for the projected future il Roadway Section of County road#74. i The interior road way system, consisting of a north-south road and east-west cul-de-sac, for the project will be designed per Weld county code Section 24-7-20. These facilities will be maintained by the Home Owner's Association under their articles of incorporation. More specifically the interior road ways will consist of: • 60' Access Easement • 2 — 12 asphalt travel lanes with 4' shoulders, and side ditches where necessary to provide for site drainage and storm water conveyance. • Roadway structural Section will be based on the Geotechnical Engineers • recommendations. � MMERRICK I:,ACL, 14898 w,r,,,aeoortg\VVeweln men< Guide-02-26-0e doc Engineers&Amtmects DEVELOPMENT GUIDE 4, The Home Ranch, LLC Windsor, Colorado A Public Improvements Agreement (PIA) will be submitted at the change of zone phase. The PIA will describe the proposed roadway improvements and method of guaranteeing installation of the described improvements. F. Traffic Impact Analysis—The requirement for a Traffic Impact Analysis for this project has been waived by the Department of Public Works. The estimated traffic to be generated by the project is 9.57 vehicles/day/lot,for a total of 76.56 trips per day (based on 8 lots). G. Storm Drainage— A Strom Drainage Report, prepared by a Colorado licensed engineer will be submitted for review in conjunction with the PUD Change of Zone Submittal. The Storm Drainage Report will be prepared in accordance with Weld County Code Section 24- 7-130. As directed by the Department of Public Works the Weld County Addendum to the Urban Drainage and Flood Control District's Drainage Criteria Manual (UDFCD-DCM), together with the UDFCD-DCM will be the basis for design criteria. Off-site storm water flows will be directed through the development by means of drainage swales designed to accommodate the anticipated 100-year event. These facilities will be contained within appropriate drainage easements. A portion of these off-site flows will be detained in the site's detention pond facility in deference to the capacity of the existing culvert that conveys storm water from the site and upstream drainage basin across County Road 74. The • detention pond will include facilities for water quality treatment of the site's runoff. Off-site runoff will pass through"untreated.- It Utility Provisions-The utility purveyors for the site are: Electric-Xcel Energy Gas-Xcel Energy Telecommunications-Qwest Potable Water-North Weld county Water District Sanitary Sewer—N/A, septic system will be utilized I. Water Provisions — Potable water for the project site will be provided by North Weld county Water District. A "Water Tap Request Form" and "Water consumption Survey" have been submitted to North Weld County Water District for review and processing(see Appendix). J. Sewage Disposal Provisions — It is proposed to utilize a septic/leach field system. The system will be designed and constructed in accordance with latest County and State requirements. Information provided in the Geotechnical Report will also be utilized in the design of the septic system. K. Structural Road Improvement Plan -- Road way construction plans will be prepared for the project. Design guidelines well follow those set forth by Weld County Department of Public Works, and Chapter 24 of the Weld County Code. A structural Pavement Design has been prepared by Terracon Engineers &Scientists as an element of their final Geotechnical Report. • DUO prpMERRICK1 ,ACL,18014399,Woad,Aepares\Development CuiJe.02 26-09.doc Engineers 8 A,chiiecis DEVELOPMENT GUIDE • The Home Ranch, LLC Windsor, Colorado Ill.COMPONENT THREE— LANDSCAPING ELEMENTS A preliminary Landscaping plan will be submitted with the PUD Change of Zone application for review. The Landscaping plan will be prepared in accordance with Weld County Code Chapters 22, 23,24 26, and 27. IV. COMPONENT FOUR—SITE DESIGN A. Natural Features—The physical characteristics of the project site consists of slopes ranging from 1% to 10%. The site slopes from the Northeast to the Southwest, toward County Road #74 (CR #74). The site receives off-site (upstream) storm water from the north and east. An existing 18" diameter corrugated metal pipe located along the north side of CR #74 conveys run off to the Southside of CR#74. The site has been under active agricultural production, such that vegetation consists of alfalfa and corn (rotating crops). An existing irrigation ditch traverses across the Southeast corner of the site. Three large cottonwood trees are located along the irrigation ditch. The irrigation ditch and existing cottonwood trees will remain in place. It is proposed to cross the irrigation ditch with a Public Roadway. Crossing of the ditch will be coordinated with the ditch company. • B. The proposed site design conforms to the Change of Zone with eight (8) "estate" lots with an average size greater than 2.5 acres. The lots are laid out fronting internal private roadways in the same manner as presented in the Change of Zone application materials. The offsite drainage tributary to the site will be conveyed through drainage swales located within easements to a storm water detention pond. The detention pond will be located upstream of the future widening of County Road 74 and within common open space and within a storm drainage and detention pond easement on the adjoining land (Lot B Recorded Exemption RE-4545, currently owned by the Developer). The existing swale and natural basin upstream of County Road 74 will be graded to provide 100-year detention capacity with appropriate "freeboard" without adverse impact to the proposed lots/residences. i Individual lots and residences will incur minimal grading to construct foundations and/or building pads. The current drainage patterns across the proposed lots do not indicate a need for substantial grading to meet building code and setback criteria. The majority of site grading will be for the construction of the two roadways and the requisite stormwater features of the drainage swales and detention pond. • HA❑°MERRICK ,ACL,1801,e48two.d,Pe„o,t.z,DeveloNmen, G,..,,e_oz_zb.ae.doc Engineers&Architects DEVELOPMENT GUIDE • The Home Ranch, LLC• Windsor, Colorado V. COMPONENT FIVE - COMMON OPEN SPACE USAGE The proposed project will provide±7 acres of open space. The open space will consist of: • A common open space area situated in the center of the project. This common area will provide a Picnic Area and Landscaping. • A 50' open space buffer will be provided along the future North right-of-way line for County Road # 74. Incorporated in this open space is the existing irrigation ditch. The open space will also include landscaping. The open space will be owned and maintained by a Home Owners Association. Construction of the open space shall be in conjunction with the Public Improvements. VI. COMPONENT SIX—SIGNAGE It is proposed to provide a monument sign at the entry off of County Road#74. Design of the sign will be in conjunction with the theme of the proposed development. The location, size,and type of material of the entry sign will be in accordance with the latest Weld County codes. Streets will be signed in accordance with County standards and the Manual of Uniform Traffic Control Devices(MUTCD). • VII. COMPONENT SEVEN—MUD IMPACT The proposed Project is not located within the MUD area. VIII. COMPONENT EIGHT—INTERGOVERNMENTAL AGREEMENT IMPACTS No existing Intergovernmental Agreements affect or impact the proposed project. • ESaMERRICKr \sCLU8014898\Ward\Repor[s\Development Giidc- 26-08doc Engineers&A¢biiecis • DEVELOPMENT GUIDE The Home Ranch, TLC • Windsor, Colorado APPENDIX • • �L M E R RIC K 1 ACL118O148981Woral Repo.,[s,Development Gvr',1e-02-26-Os do,- Engineers&Arcnitecle • ®°°❑ MERRICK® e.. BUILDING QUALITY SOLUTIONS Merrick 8 Company 2450 South Peoria Street Aurora CO 80014 (303)751-0741/Fax(303)752-4451 February 7, 2008 Mr. Chris Gathman Weld County Planning Department 918 10`" Street Greeley CO 80631 RE: Homestead Change of Zone—Public Works Comments Dated July 18, 2007 Response Comments Dear Mr. Gathman: The following are our responses to the Public Works Comments received by means of a memo to you from Mr. Don Dunker, dated July 18, 2007: General Comments: • The Homestead PUD Subdivision is planned for 8 single-family residential building sites. • o Noted. External Roadways: • The Merrick's May 21,2007 response to the initial Change of Zone comments letter states that homestead PUD has reached an agreement with the adjacent property owners to the east (Sterk) for a shared access that straddles the east property line. The June 25, 2007 letter from the Sterks to Weld County indicates their agreement for this access point,however a formally documented access agreement showing the dimensions and location on the appropriate Plats is necessary. Please provide this with the Final Plat application. o Note that the access is shown on the Final Plat as a"Proposed Access Easement by Separate Document,"and is dimensioned on the Plat. • As the proposed access is to be located on private property owned by others, please describe the responsibilities for construction and maintenance of this improvement. o Access to be constructed under the proposed Homestead Development by the Developer (Serbousek). o Maintenance- See agreement and documentation provided by Mr. Serbousek. • Weld County Road 74 (WCR 74) is a strategic arterial roadway connecting Fort Collins, Timnath, and Severance. Segments of this road to the east and west of the proposed Homestead PUD development have been widened to 3 and some cases 4 lanes with speed limits in excess of • 45 miles per hour. WCR 74 adjacent to the proposed Homestead PUD will eventually be 4 lanes. The proposed traffic resulting from this development and the proposed access to the Homestead An Employee-Owned Company 1:\ACL\I8014898\Word\Weld Co Public Works-Response Letter 020708.doc Menick Job No. 18014898 • PUD development creates a sight distance/road safety problem on WCR74 to the west of the proposed access point. The applicant is requested to address this sight condition with road plans that mitigate the hazard for eastbound travelers on WCR 74 attempting to turn into the proposed Homestead development. In particular, Public Works requests Homestead PUD to provide preliminary designs fro a developer-constructed WCR 74 turn lane for eastbound traffic. o Requested plans for a deceleration/turn lane and modifications to the vertical alignment of WCR 74 provided to Public Works with this submittal. • Merrick's May 21, 2007 response to the County's initial Change of Zone comments letter states that the existing dirt road access to WCR 74 on the west property line of the Homestead PUD is the sole access to the adjacent agricultural lot. However,this dirt road access lies completely within the proposed Homestead PUD property and so falls under the County review for this proposed development. Air photos show access to that offsite property can be achieved at multiple other locations. The Merrick letter does not address the significant safety concerns that continued use of this access presents for WCR 74. Public safety concerns are paramount, Public Works repeats its comment that this western access dirt road shall be removed/abandoned. o It is Merrick's understanding from conversations with the Developer that this issue has been resolved with the County. This access to be solely for agricultural use and will not be converted to residential access in the future and the Developer has reached an agreement with Public Works for the access to remain. • Designs of the strategic arterial roadway plan and profile for WCR 74 have not been developed • by the County. Due to anticipated profile changes and widening to 4 lanes, it is likely that the Final WCR 74 profile will involve significant amounts of fill at the location of the current roadway sag adjacent to the proposed Homestead PUD detention pond. Additional ROW may need to be acquired to accommodate the wider road section, fill and likely location of toe of the fill slopes. Public Works requests that the Final drainage design for the detention pond be revised to relocate the pond spillway and outlet structure an additional 50 feet to the north so as to not be compromised by the toe of slope of the fill for the future WCR 74 or provide a preliminary design of the 55 miles per hour vertical sag for the Final WCR 74 alignment that would indicate adequate right-of-way for the roadway and detention pond. Public Works recognizes that the applicant may be concerned about losing saleable acreage in order to provide adequate detention and meet this request. The current plans show the detention pond lying completely outside proposed lots; this is not a necessary condition. As with other County-accepted projects, the fringe of the detention pond may encroach into proposed lots as long as there is no encroachment into building envelopes. Minor grading changes would also provide additional detention storage. o Requested relocation(50' north) of detention pond made to plans. • Please see comments below regarding storm water flows across and/or under WCR 74. o See response below. Drainage: "The Homestead PUD Preliminary Drainage Report, dated May 5, 2007 prepared by Merrick and • Company was reviewed for the Change of Zone referral. The report was not stamped or signed by a professional engineer licensed to practice m Colorado. The resubmitted Change of Zone plans have several changes. A revised stamped and signed drainage report which reflects these new changes will be required with the Final application submittal The drainage report must consider the following:" I:WCL\18014898\Word\Weld Co Public Works-Response Letter_020708.doc Page 2 of 7 • • All storm water detention facilities shall be designed to detain the storm water runoff from the fully developed subdivision from a one-hundred-year storm and release the detained water at a rate not to exceed the rate of a five-year storm falling on the undeveloped site. (Weld County Code Ordinances 2001 -1; 2003-10, and 2006-7) All storm water must be detained on site and follow the requirements per Weld County Code 24-7-130 D and Ordinance 2006-7. This requirement Includes proposed Basins D and E that are shown In the May 2007 drainage report as allowing undetained release of the 100-yr storm event. Please revise the design to either detain these flows or reduce the allowable release from the proposed detention facility to offset the undetained flows. o The detention pond release rate has been designed to account for the undetained release of the basins now identified as"E"and"F." The pond is sized to accommodate off-site 100-year flows upstream of the development for a controlled release to the culvert crossing under WCR 74 and this quantity of"over detention"more than accounts for the 2-3 acres in the southeast corner of the site. • Offsite runoff flows onto the site must be taken into account. These offsite flows shall be routed through or around the site m a safe manner. The offsite runoff may flow through the detention pond and pass over the emergency overflow weir but shall not be included in the allowable detention release flow through the outlet structure of the detention pond. o The offsite runoff flows are routed through grass swales sized appropriately. As mentioned above, the pond has been sized to detain most of this offsite water in as a • means of acknowledging the capacity of the discharge culvert crossing under WCR 74. The offsite flows for up to a 100-year event will be released with the onsite flows through the outlet structure. • Provide a copy of the Weld County Soils survey sheet that lists soil 32, 51, and 65 as to the soil type A, B, C or D. o Noted and provided in the report Appendix. • Weld County assumes that irrigation ditches will not divert, intercept, or accept storm water runoff, therefore, assume the Lee Lake Lateral Irrigation Ditch is totally full during storm events. o This is accounted for in the design. The Lee Lake Lateral Irrigation Ditch forms a ridge in the development such that storm water sheds away from it. • The area of developed Basin C given on Page 7 of the Drainage Report does not agree with the area shown on the Drainage Area Map; please check the plans versus the text for consistency. o Noted and checked. • Proposed Basin E is shown flowing undetained to the property to the east. Please provide written acceptance of these undetained flows from those property owners. o See letter from the adjoining property owners (Dennis & Bonita Sterk) • I:\ACL\18014898\Word\Weld Co Public Works-Response Letter_020708.doc Page 3 of 7 r • • On page 8 of the Drainage Report,the third paragraph discusses southward stormwater flows to the existing 24- inch culvert under WCR 74; please further describe where the storm water goes after exiting that culvert. What downstream facilities are impacted? o Noted and expounded upon in the report. • Drainage Report, page 9, second paragraph describes 100-year offsite flows and the onsite releases from the Homestead PUD detention pond combining and causing 6-inches of sheet flow across WCR 74. This flow may be erosive to the side slopes of the road. Six inches of water flowing across a strategic arterial roadway with a 55 mile speed limit poses a safety hazard to the public. Please discuss how WCR74 will be protected. Public Works recommends that additional conveyance under the roadway be provided in conjunction with the Homestead PUD. o Rather than provide additional conveyance, or discharge across the roadway, the design provides for detention within the pond and a controlled release rate not to exceed the existing culvert's capacity. • Drainage Report, page 9, sixth paragraph states that the developer owns the property north of the site and will perform grading of this offsite property to ensure that offsite flows enter the proposed swale between lots 4 and 5. The current condition of same ownership of this property and the Homestead PUD property may not exist in the future. A formal agreement to provide the described stormwater and irrigation tail-water diversions is necessary. Please also provide designs and calculations and show the location of this possible offsite grading or provide designs and calculations and show the location of an onsite swale to accomplish the same purpose. o A swale has been added on the north side of the development. The material excavated for the swale will be"laid over"to create a berm that will provide additional free-board on the development side. Both the swale and berm will be within a 30-ft drainage easement on the north side of the affected lots, within the development. This swale has been sized to accommodate the full 37.3 CFS—the proposed dimensions are a base width of 10-ft with 3H A V side slopes. Calculations in the FDR indicate a 0.89-ft depth for the channel's 1.5% longitudinal slope. See calculation sheet in the FDR appendix. • Please use revision 2001 for the Urban Storm Drainage Criteria Manual,per Weld County Code, Weld County Storm Drainage Addendum to the Urban Drainage Criteria Manual. o Noted and so used. • Please add the Weld County Storm Drainage Criteria Addendum to the List of References. o Noted and added to the Report. • For the Final Plat, all drainage facilities including swales and pipes must be in drainage easements shown on the Plat. The proposed detention pond must be placed in a perpetual drainage easement along with an access easement to be secured and maintained to allow maintenance of the detention pond and inundated area. For the Final Plat, a written agreement to secure and reserve the proposed detention pond and inundated area will be required between Parcel A and the Homestead PUD. • o Easements have been provided as separate easements and the agreement between the development and Lot B RE-4545 has been formalized with the documents submitted to the County for review and consideration. I:\ACL\18014898\Word\Weld Co Public Works-Response Letter_020708.doc Page 4 of 7 • • • When calculating the 5-yr historical release rate assume 0% impervious, remember this is when the buffalo ran before development. Then recalculate the time of concentration for all historic flows. o Noted and revised accordingly. • On the composite'C'calculations,please identify how much is paved and how much is landscaped or open space for sub-basins D and E. o Basins"D"and"E"renamed to"E"and"F." See calculations in Appendix regarding the composite 'C' values. • Please label pond volume calculation sheets to identify which storm event they are associated with. o Noted and revised accordingly. • All culverts have to meet the maximum culvert headwater-to-diameter ratios per Weld County Code,Public Works -Storm Drainage Criteria Div. 1, General Provisions -Sec. 8-1 1-40. o Culverts designed to comply with maximum ratios. • In Final Drainage report,please provide calculations to support the fact that the culverts are inlet • controlled. o See calculations for"Outlet Controlled"as determined using the Federal Highway Administration's HY-8 version 7.0 software for culvert design. • For the Final Drainage report culvert designs, please use a Manning's Coefficient of.025 per the Weld County Code,Public Works-Storm Drainage Criteria Div. 1, General Provisions -Sec. 8-11-40. o Noted and used in the Federal Highway Administration's HY-8 version 7.0 software for culvert design analysis. • In Final Drainage report,please check the rip rap calculations; velocities greater the 5 feet per second are erosive and with a flow rate of 26 cfs type L rip rap will be inadequate. o Per sizing calculations (Urban Drainage Spreadsheet)the rip-rap blankets have been sized for the culverts' discharge volumes and velocities based on 5 fps downstream. • Note that the proposed swale between lots 1 and 2 of Block 1 (east side of the site)has a slope of 2 percent or more; please evaluate the flow regime stability and erosional stability of this swale. o Majority of swale less than 2% slope and will have a velocity less than 5fps. Where the end of the swale steepens, rip-rap has been added to the design. • In Final Drainage report,as stated above,please clarify how the detention pond discharge and • offsite flows utilizing the spillway will mix. Will there be a tailwater problem for the pond orifice? I:AcL\18014898\Word\Weld Co Public Works-Response Letter_020708.doc Page 5 of 7 • • • o Offsite flows will be detained and mix with the onsite discharge in the detention pond. The outfall structure is sized to restrict the 10 and 100 year discharges to allow the downstream discharge(Basins OS3 and D)to enter the pipe under CR 74 by a CDOT Type C inlet on the downstream side of the spillway. • For the Final Drainage report,please provide water quality calculations and design details. o Included with final report and design. The following comments shall be addressed with the Final Plat Application: • The applicant shall provide a pavement design prepared by a professional engineer submitted with the Final Plan materials. o Terracon provided the preliminary pavement design with the original Geotechnical Report. They have been solicited for a final pavement design and are in the process of taking 10-ft soil borings to confirm preliminary findings.. • Drainage, access, and utility easements shall be shown on the Final Plat In accordance with County standards (Sec.24-7-60)and/ or Utility Board recommendations. o Noted and shown on plat and dedicated by separate instrument(s). • • For the Final Drainage report,please label the cul-de-sac streets with an approved name on all the drainage plans. o Noted and shown on plans—Kyle Court is proposed for the east-west street and Hannah Lane is proposed for the north-south street. o Proposed addresses include: • Chris 's home - 36600 Hannah Lane • Block 1 - Lot 1: 36502 Hannah Lane • Block 1 - Lot 2 : 36522 Hannah Lane • Block 2 - Lot 1 - 7401 Kyle Court • Block 2 - Lot 2 - 7411 Kyle Court ▪ Block 2 - Lot 3 - 7421 Kyle Court ▪ Block 2 - Lot 4 - 7431 Kyle Court ▪ Block 2 - Lot 5 - 7441 Kyle Court • Block 2 - Lot 6 - 36531 Hannah Lane • Show all the lots area in square feet and acres. o Shown on Final Drainage Map/Final Plat. • Intersection sight distance triangles at the development entrance will be required. MI landscaping within the triangles must be less than 3-1/2 feet in height at maturity, and noted on the Final roadway plans. • o Noted and shown on plans. I:\ACL\18014898\Word\Weld Co Public Works-Response Letter_020708.doc Page 6 of 7 • • The applicant shall submit to Public Works stamped, signed and dated Final Plat drawings and roadway/construction& grading plan drawings for review with the Final Plan application and acceptance. Construction details must be included. o Noted. Paving section shown on plans. • Stop signs and street name signs will be required at all intersections and shown as a signing plan on Final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the signing plan. o Noted and shown on plans. • The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with the Final Plan application.These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording any Final Plat. o Addressed separately by the Developer. • The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the Final Plan application. Front,rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent • drainage mitigation. o Noted, Site typically drains from north to south on the north side of Kyle Court and from east to west on the east side of Hannah Lane. This establishes a pattern of drainage from back to front, except for Lots 1 and 2 of Block 2. Building envelope for Lot Ito be set at and elevation and location to avoid sheet-flow runoff from Lot 2 (to its north). • Final drainage construction-phase and permanent erosion and sediment control plans (conforming to the drainage report)stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the Final Plan application. o Noted and provided with submittal. Sincerely, Merrick& Company Cl • Todd Hepwo Sr. Project Engineer • I:ACL\18014898\Word\Weld Co Public Works-Response Lener_020708.doc Page 7 of 7 r _ • February 12, 2008 FROM: Dennis & Bonita Sterk 7511 Weld CR 74 Windsor, Colorado 80550 TO: Chris Gathman, Dept. of Planning Services Weld County Planning and Zoning 918 10`h Street Greeley, CO 80631 RE: Serbousek/Homestead Development PUD Application Dear Mr. Gathman: We understand that the County is requesting additional information regarding our • position on a few items the proposed PUD development on Mr. Serbousek's property, adjoining our residence to the west. We are writing to provide the evidence requested. We presently share access from CR-74 with the Serbousek's. We are agreeable to the proposal to formalize this access in the manner of dedicated right-of-way to create public right- of-way, to be known as "Hannah Lane." We understand this right-of-way will be a privately maintained public roadway, built to the standards of a Local Road by Weld County Construction Standards. We also understand that the approximate width of the right-of-way will be 60-feet with he centerline of this roadway being our mutual property line at the existing northern right- of-way line of CR-74. Once the roadway extends past our current drive, the proposed right-of- way will be entirely contained within Mr. Serbousek's property, the PUD to be known as "The Home Ranch." Furthermore, we understand that, as private right-of-way, the County will not maintain this roadway, nor will the County Sheriff patrol it. In addition to our acceptance of the proposed common drive, we have no objection to the minimal amount of undetained storm water runoff that the proposed roadway will discharge to our property. We recognize that this is a historic drainage pattern, and that the existing irrigation ditch presents a physical barrier for capture in the overall storm drainage detention pond facilities to be constructed within the proposed PUD. We understand that in addition to the Access Easement, we will formalize a 15-foot utility easement for the benefit of the PUD's Home Owners Association for the installation, maintenance, access and repair of those utilities providing service to those lands now known as • Lots A & B of Recorded Exemption RE-4545, a.k.a the Serbouseks' land. • In recompense for our offer of dedication of the right-of-way and utility easement, it is our understanding that the obligation to maintain said areas shall be the responsibility of the PUD HOA. Said obligation shall include the restoration of our lands following any disturbance by a utility accessing their facilities under the terms of the proffered easement. These obligations shall be set forth within the terms of incorporation of the HOA and/or as covenants attached to the development. We are available to review and approve the access right-of-way and utility easement as necessary for the County. If we can provide additional information, please let us know. We are available to review and approve the access right-of-way as necessary for the County. If we can provide additional information, please let us know. Sincerely, Dennis Sterk • • • EASEMENT AGREEMENT AND RIGHT OF WAY THIS EASEMENT AND RIGHT OF WAY AGREEMENT ("Agreement") is made this I ? day of No v e,n he r , 2007, between the parties, being LAKE LEE LATERAL DITCH, whose address is l i 12. &L is 79, l b i�u�ao ,to S'OS SC , hereinafter the "Company," and HOMESTEAD DEVELOPMENT. LLC, a Colorado limited liability company, whose address is 7471 County Road 74, Windsor, Colorado 80550, hereinafter "Homestead." RECITALS Company represents that it is the owner and operator of a private lateral ditch known as the Lake Lee Lateral Ditch which exists, in Weld County, Colorado and whose alignment is more particularly described, in relevant part, on Exhibit A, attached hereto and incorporated herein (hereinafter called the"Ditch"); and Company's Ditch lies and transports water over and through certain real property within the Homestead Planned Unit Development, owned by Homestead. located in Weld County, Colorado, on either side of the Ditch, also shown and described on Exhibit A (the "Property"); • and Homestead desires to construct and install a culvert in the Ditch and a vehicle-weight bearing bridge (the "Bridge"), over the Ditch, and intends to convey the culvert and Bridge to the Homestead Farms Homeowners Association for ownership, operation, maintenance and repair; and In addition, Homestead desires to construct and install underground water, electrical and related utilities and appurtenances ("Utilities"), under the Ditch, and intends to convey the Utilities to the Homestead Farms development; and Both parties desire that an appropriate easement and right of way be conveyed for the Bridges and Utilities to cross the Ditch. NOW. THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged by the Company. the parties mutually agree as follows: 1. Incorporation of Recitals. The above Recitals are incorporated herein as if fully set forth. 2. Grant of Easement. Company hereby grants to Homestead a nonexclusive easement (the "Easement") for the installation, construction, reconstruction, operation, use, • maintenance, repair. replacement and/or removal of the culvert, Bridge and Utilities, crossing the F- • Ditch. as more particularly described on Exhibit A (the area contained within the Easement being referred to herein as the "Premises"). pursuant to the provisions of this Agreement. 3. Use of Bridge. The Bridge is to be used for access to the Property. 4. Construction. Maintenance and Repairs. Homestead shall construct, maintain and repair the Bridge and Utilities at Homestead's cost and expense. Homestead will use all reasonable means to prevent any loss or damage to the Company, the Ditch, or to others resulting from the construction, repair, use and maintenance of the Bridge or Utilities. 5. Construction/Disturbance of Flow. Homestead will use all reasonable means to prevent any disturbance of the flow of water in the Ditch, unless permission in writing is first received from the Company for such disturbance. 6. Consent to Assignment to HOA. The parties acknowledge that following completion of the construction of the Bridge and the Utilities, Homestead intends to convey the Bridge to Homestead Farms Homeowners Association (-Association"). and/or other appropriate governmental entity, for their ongoing ownership, operation. maintenance and repair. By execution of this Agreement, the Company consents to the assignment and delegation of all benefits, burdens, rights and obligations of this Agreement from Homestead to the Association, or other appropriate governmental entity. Any other assignments of this Agreement shall require the prior written consent of the non-assigning party. • 7. Association Obligations/Abandonment of Easement. Upon acceptance of the assignment of this Agreement by Homestead, the Association or other appropriate governmental entity will assume the duties and obligations of Homestead and will itself be bound to perform the duties and obligations of Homestead under this Agreement; and in the event that the Association. or other appropriate governmental entity. for whatever reason, ceases to exist or function or dissolves or is bankrupt. or otherwise abandons and ceases to use the Easement, then all right, title and interest of Homestead hereunder shall cease and terminate and the Company shall hold the Ditch, as the same may then be, free from the Easement. 8. Covenants Run with the Land. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the successors and assigns of each of the parties hereto, including, but not limited to, the Association, or other appropriate governmental entity. upon assignment. This Agreement shall run with the Property. 9. Prior Agreements. This Agreement is subject to all restrictions, reservations, rights-of-way, easements, documents or agreements existing or of record in the Clerk and Recorder's office in Weld County, Colorado affecting the Property at the time this Agreement is recorded. The Company makes absolutely no representations or warranties (including, without limitation, warranties of title) in or by this Agreement or any grant herein. This Agreement shall be subordinate to and shall in no way restrict the Company's easement and right of way to construct, operate, repair and maintain the Ditch and appurtenances. • • • 10. Binding Agreement. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the heirs, successors and assigns of the parties hereto. 11. Notice. Any notice required or permitted hereunder shall be deemed effective when deposited in the United States mail, postage prepaid, first class and addressed to the party to whom notice is to be given, as follows: If to Company: Lake Lee Lateral Ditch If to Homestead: Homestead Development. LLC 7471 County Road 74 Windsor, Colorado 80550 In the event that the person or entity to whom notice shall be given changes, the other party shall be notified in writing pursuant to this paragraph. IN WITNESS WHEREOF. the parties hereto have caused these presents to be duly • executed by the proper officers, and have affixed their seals hereto on the day and year first above written. LAKE LEE LATERAL DITCH STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 1 (f+l i day of ( ` rx`1a.( . 2007, by& kl c ,r -,Cr i-e-fy( as President of Lake Lee Lateral Ditch. WITNESS my hand and official seal. • Notary Public) My commission expires: tv4h commission Expires W2212010 • • 0 H4bktt1 Ber STATE OF COLORADO ) ) ss. COUNTY OF LL%E Id ) The foregoing instrument was acknowledged before me this doi day of Af&/.esn hest- . 2007, by Christopher Serbousek. Manager of Homestead Development. LLC. WITNESS my hand and official seal. �� ea turc 2c.C,cz,e Nota ' Public C;1/49,1'" .l� My commission expires: & 2 / -Oe/ KAYLA WASWICI( • ..- 4, 1 • EASEMENT DEED AND AGREEMENT FOR PUBLIC RIGHT-OF-WAY ACCESS AND UTILITIES TAM?! EASEMENT DEED AND AGREEMENT is made and entered into this / day of 4 .; I , 2008, by and between Dennis Sterk and Bonita Sterk whose legal address is 7511 'Weld County Road 74, Windsor, Colorado 80550 (hereinafter referred to as the "Grantor"), and The Home Ranch LLC, whose address is 7422 County Road 74, Windsor, Colorado 80554 (hereinafter referred to as the "Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has this date bargained, conveyed, delivered, transferred, and sold, and by these presents, does bargain, convey, deliver, transfer and sell unto the Grantee individually a non-exclusive easement for public right-of-way access and utilities, over, under and across the following described parcel of real property situate in the County of Weld and State of Colorado to wit: LOT "A" RECORDED EXEMPTION RE-350 LOCATED IN THE SOUTHEAST ''A OF SECTION 32, TOWNSHIP NORTH, RANGE 67 WEST, 6T" PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO The exact location, width and length of the Easement is more particularly . described and depicted on the attached Exhibit A. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor and the Grantee, the parties mutually agree as follows: 1. The above Recitals are incorporated herein as if fully set forth. 2. General Purpose of Access and Utility Easement: The non-exclusive perpetual easement is for the purposes of installing and utilizing a public right-of-way access (privately maintained) and utilities, including but not limited to electrical and gas service, water and sewer lines, and telephone and cable television lines, to be known as the "Access and Utility Easement Area" and as depicted and described on the final plat for The Home Ranch Subdivision as approved by Weld County. 3. Access to the Access Easement Area for Construction, Maintenance and Repair, etc.: The Grantee, its successor and assigns, shall have the right, upon reasonable notice to the Grantor, to enter upon the easement for the purposes of construction, installation, maintenance, reconstruction, replacement and repair of the roadway and utilities to be installed in the Access and Utility Easement Area; provided, however, that any disturbance of or damage to the surface of the Access and Utility Easement Area caused thereby shall be restored as nearly as possible to the condition existing prior to such entry. As a further condition of such entry, Grantee shall • indemnify, defend and hold harmless Grantor from and against all loss or damage, including but • not limited to mechanics liens claims as well as claims for personal injury or property damage, occasioned by such entry. 4. Maintenance of the Access Easement Area. Grantee intends to convey the easement to the Home Ranch Homeowners Association ("HOA") or other appropriate entity, for ownership, operation, maintenance and repair. The HOA shall bear the reasonable cost of the proper maintenance of the Access and Utility Easement Area. To the extent any maintenance is necessitated by work performed solely for the benefit of the Grantor, the cost of said maintenance shall be the sole responsibility of the Grantor, their successor or assigns. 5. Non-Interference. No permanent or temporary barriers, fences, or obstructions of any kind or nature to the free and unhampered use of said Access and Utility Easement Area shall hereinafter be permitted, nor shall any building or other structures be constructed or permitted upon any part of the Access and Utility Easement Area nor any vehicle parked thereon. 6. Binding Effect: The Easement and obligations granted and created herein shall be deemed covenants running with the land and shall be binding and benefit not only the parties hereto but also the County of Weld, Colorado, utility companies, successors, assigns and any tenants or other persons to whom may be granted rights and privileges under this Easement; which grant of rights and privileges may be either in writing, oral, or by tacit consent. GRANTOR: GRANTE-. • The Ho' e Ranc C a Cols ado Li liab, ity company �1car.� //It By: Dennis Sterk istop er Serb , Manager Bonita Sterk KIMBERLY STATE OF COLORADO ) Nom. IULK ao ss �je COUNTY OF WELD ) pF..... The foregoing instrument was acknowledged before me t . day of 410A-Li , 2008, by Dennis Sterk and Bonita Sterk. Witness my hand and official seal. c--/W) j; Notary Pub c STATE OF COLORADO ) )ss. My Commission Expires 10/22/2011 COUNTY OF LARIMER ::. ) The regoinag ent was acknowledged before e th o9 day ofi ,bruh- 23 ph Serbousek as Manager of The me nch, Lfitness myd itel effic al. • \ gauBLIG oil of .. OF COQ• EXHIBIT A-3 • SE 1 /4 SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST 6th P.M. ----COUNTY OF WELD---- LEGAL DESCRIPTION - OFFSITE UTILITY EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEARINGS ARE ASSUMED AND ARE BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN AS BEARING 58912'56"W BETWEEN THE SOUTH QUARTER CORNER OF SAID SECTION 32 BEING A #6 REBAR WITH 3 1/4"ALUMINUM CAP, LS# 33642 AND THE WEST SIXTEENTH CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 32, BEING A #6 REBAR WITH 3 1/4" ALUMINUM CAP, LS# 33642. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE NO0'33'04"W, ALONG THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 206.24 FEET TO THE POINT OF BEGINNING; THENCE NO0'33'04"W, CONTINUING ALONG SAID EASTERLY UNE, A DISTANCE OF 21.44 FEET; THENCE 544'56'47"E, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 21.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 44'23'43", A RADIUS OF 105.00 FEET, A CHORD BEARING 522'44'56"E A DISTANCE OF 79.34 FEET AND AN ARC LENGTH OF 81.36 FEET; THENCE 500'33'04"E, TANGENT WITH THE PREVIOUSLY DESCRIBED CURVE, A DISTANCE OF 108.69 FEET TO A POINT • ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 74; THENCE 589'12'40"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE N00'33'04"W, DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 108.75 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 44'23'43', A RADIUS OF 90.00 FEET, A CHORD BEARING N22'44'56"W A DISTANCE OF 68.00 FEET AND AN ARC LENGTH OF 69.74 FEET; THENCE N44'56'47'W, TANGENT WITH THE PREVIOUSLY DESCRIBED CURVE, A DISTANCE OF 6.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,971 SQUARE FEET MORE OR LESS. I, DuWAYNE M. PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. \U\�1V111IRI 11/0/// OEGic O0� .. '`r1E M.PH-.4: c'-* -;O c..- DuWAYNE714 THEI.3123i Pl. 9329 FOR Mind BEHALF OF.. RICK & COMPANY ' \ DATE: /'op AL/ tAT'-vvvy REVISION DESCRIPTION THE HOME RANCH MERRICK PROJECT NO, 18014898 DRAWN WI-84 • OFFSITE UTILITY EASEMENT ODD• MERRICK ❑❑❑ aaono aMLm ECILU oee DATE: JANUARY 29, 2006 2450 S. Peoria St., Aurora, Co. 80014 Phone: 303-751-0741 SCALE: N/A ISHEET 1 OF 2 SHEETS I:\ACL\I 8014898\-4S98LDD\SURVEY\4989 FINALPLAT\ 4698-EASEMENTS.d. -`P OFFSITE UTILITY EASE a EXHIBIT A-4 • SE 1 /4 SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST 6th P.M. ----COUNTY OF WELD---- N00'33'04"W \ il S44'56'47"E 21.44' \ 21.48' A=4423'43" R=105.00' P.O.B. CB=S22'44'56"E HANNAH LANE LC=79.34' REC. NO. L=81.36' I ` K--- N 445647"W 6.16' X44'23'43" I R=90.00' C8=N22'44'56"W LC=68.00' h L=69.74' a " \ N LI W \ O h N INN' IN TRACT B Ion in °f THE HOME RANCH SUBDIVISION caa m o REC. NO. _ W — Lu • 3o y a lv a a e n >- O M OIL M M a o O Z 1n Z N IW WELD COUNTY ROAD 74 S8912'40"W - S8972'56"W _ 1319.05' - _ - 1- 5.00' COR \, SOUTHERLY LINE SE I/4 Si 1/4 SEC 32 W 1/16 BASIS OF BEARING POINT OF COMMENCEMENT SW 1/4 SEC 32 \ 17N, R67W, 6th P.M. S 1/4 COR SEC 32 FND: 3 1/4" ALUM CAP TIN, R67W, 6th P.M, FND: 3 1/4" ALUM CAP i LS(j 33642 \�\gip I REC/S i LS,ff 33642 P 1 =� �`� 9329 ;. 025 50 100 3111 1 a3,%. —J 0 INDICATES NOT REPRESHANGE OF COURSE ONLY. THIS ENT A MO UMENTED LAND SURVEY.IBIT IIT S 0NL�YINati Lt \\\ 1 inch = 50 ft. /llllllllll\�� INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. UTILITY EASEMENT CONTAINS 2,971 sq. ft. +/— REVISION PROJECT 0 THE HOME RANCH SUBDIVISION N MERRICK PROJECT NO. 18014898 DRAWN WNN • OFFSITE UTILITY EASEMENT °❑i❑❑ MERRICK ❑❑❑ sopaoauwea utae DATE: JANUARY 29, 2008 2450 S. Peoria St.,Aurora, Co. 80014 Phone: 303-751-0741 SCALE: 1"=50' I SHEET 2 OF 2 SHEETS I:\ACL\18014898\-4898LDD\SURVEY\4989 FINALPLAT\ 4898—EASEMENTS.dwq—VP OFFSITE UTILITY EASE 4 . • • EXHIBIT A-1 • SE 1 /4 SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST 6th P.M. ----COUNTY OF WELD---- LEGAL DESCRIPTION - RIGHT-OF-WAY PARCEL A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEARINGS ARE ASSUMED AND ARE BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN AS BEARING 589'12'56"W BETWEEN THE SOUTH QUARTER CORNER OF SAID SECTION 32 BEING A #6 REBAR WITH 3 1/4"ALUMINUM CAP, LS# 33642 AND THE WEST SIXTEENTH CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 32, BEING A #6 REBAR WITH 3 1/4" ALUMINUM CAP, LS# 33642. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE NO0'33'04"W, ALONG THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD NO. 74, SAID POINT BEING THE POINT OF BEGINNING; THENCE NO0'33'04"W, CONTINUING ALONG SAID EASTERLY UNE, A DISTANCE OF 176.24 FEET; THENCE 544'56'47"E, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 6.16 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 44'23'43", A RADIUS OF 90.00 FEET, A CHORD BEARING 522'44'56"E A DISTANCE OF 68.00 FEET AND AN ARC LENGTH OF 69.74 FEET; • THENCE S00'33'04"E, TANGENT WITH THE PREVIOUSLY DESCRIBED CURVE, A DISTANCE OF 108.74 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 74; THENCE S89'11'33"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,658 SQUARE FEET MORE OR LESS. I, DuWAYNE M. PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. \\\\\0 0 n /s/�� R EG7S �ii 2 y\4_M.Per•'Pc^ --_,-- DuWAYK.714cPhonaziiF X29 FOR AN1�N BEHALF OF. gicK & COMPANY DATE: 671/1/471.1: L1**\\\\* REVISI0N "SCR'PD0N THE HOME RANCH MERRICK PROJECT NO. 18014898 DRAWN WEIN RIGHT—OF—WAY PARCEL • °❑OD .o MERRICK ❑❑❑ eu.amaouumnu1nsls DATE: JANUARY 28, 2008 2450 S. Peoria St., Aurora, Co. 80014 Phone: 303-751-0741 SCALE: N/A 1SHEET 1 OF 2 SHEETS I:\ACL\18014898\-4898LDO\SURVEY\49B9 FINALPLAT\ 4898-EASEMENTS4wg-VP ROW EXHIBIT 1 • . EXHIBIT A-2 • SE 1/4 SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST 6th P.M. ----COUNTY OF WELD---- 7 S44'56'47"E fi.16' X44'23'43" R=90.00' C8=522'44'56"E C=68.00' HANNAH LANE L 69.74' REC. N0. a N 6 TRACT B 3 7w1- THE HOME RANCH SUBDIVISION 3 Tn om REC. NO. a i+a • o H z W 2 0 n J ' O kj- O N P.O.B. h W NOO'33'04"W \ WELD COUNTY ROAD 74 30.00' N89'11'33"E 58912'56"W 1319.05' — 30.00' — — _ _ 1 W 1/16-C-OR— \�, SOUINERLY LINE SE 1/4 SW 1/4 SEC 32 SW 1/4 SEC 32 • BASIS OF BEARING POINT OF COMMENCEMENT S 1/4 COR SEC 32 T7N, R67W, 6th P.M. T7N, R67W, 6th P.M. FND: 3 1/4" ALUM CAP FND: 3 1/4" ALUM CAP i LS/ 33642 � OG0• I REG/ 1/4 L54 33642 C) •,tPJNE M.Ph%,?�o�: _A.° 9329 �j E. :' S O 25 50 100 il ImmojmmINEJ 0 NOTCATES REPRESENTGA MONU OF MENTED LAND SURVEY.RSE ONLY. THIS IBIT IT ISO ONL�Y��iq�ll�A1 \\`°\ 1 inch = 50 ft. INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. ROW PARCEL CONTAINS 4,658 sq. ft. +/- RUSIN MERRICKDESCRIPTION THE HOME RANCH SUBDIVISION PROJECT NO. 18014898 DRAWN WHN • RIGHT-OF-WAY PARCEL ODDD MERRICK 19UDIN000AlRYDOLVR016 DATE: JANUARY 28, 2008 2450 S. Peoria St. Aurora, Co. 80014 Phone: 303-751-0741 SCALE: 1-=50' (SHEET 2 OF 2 SHEETS I.\ACL\18014898\-4B98L00\SURVEY\4989 FINALPLAM\ 4898-EASEMENTS.ewg-VP ROW EXHIBIT Hello