HomeMy WebLinkAbout20073259.tiff PLANNED UNIT DEVELOPMENT(PUD)CHANGE OF ZONE APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 3 1 3 - 0 3 - 0 - 0 0 - 0 4 8
Parcel Number 1 2 0 7 - 3 4 - 1 - 0 0 - 0 3 3
Parcel Number 1 2 0 7 - 2 7 - 3 - 0 0 - 0 15_
Legal Description: S Y, Section 27, N1/2 of the NW'/, E 1/2 of the SW Y.and E Y, Section 34, NW '/,of the NE Y., Section 3,
all in Township 3 North, Range 68 West of the 6th P.M.,Weld County, Colorado
Existing Zone District: A(Agricultural); Proposed Zone District: PUD Change of Zone from(A)Agricultural to PUD with(R-1)
Low Density Residential;(R-2)Duplex Residential; (R-3)Medium Density Residential; (R-4)High Density Residential; (C-1)
Neighborhood Commercial and(C-2)General Commercial and continuing Oil and Gas Production Uses in the Mixed Use
Development Overlay District;Total Acreage: 587-acres; Proposed Number of Lots: 1109 Platted lots, 225 Single
Family/Multi-Family units,455 Multi-family units, 15 lots to be platted when oil wells are abandoned.Total of Residential
Dwelling units: 1804 units/10 acres of Commercial
Are you applying for Conceptual or Specific Guide? Specific
FEE OWNER(S)OF THE PROPERTY(If additional space is required, attach an additional sheet)
See Attached Sheet
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: HE Holdings, LLC c/o Darwin Horan(Attn: Linda Sweetman-King)
Work Phone: 303-468-6700
• Address: 4 Invemess Dr. East#300
City/State/Zip Code: Englewood, Co.80112
UTILITIES: Water: Longs Peak Water District
Sewer: St. Vrain Sanitation District
Gas: Kinder Morgan
Electric: United Power
Phone: Qwest
DISTRICTS: School: St.Vrain Valley School District
Fire: Mountain View Fire Protection District
Post: Twin Peaks Post Office
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.If
a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the
corporation. I (we),the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of
County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County,
Colorado:
/
f
Signatu . n thorized Agent
EXHIBIT
2007-3259
Property Owners:
• Midwest Heritage Inn of Visalia, Inc. a North Dakota Corporation&
Midwest Heritage Inn of Deptford, Inc., a North Dakota Corporation
do Gary Tharaldson, Tharaldson Financial Group
2518 Anthem Village Drive, Suite 104
Henderson,NV 89052
•
•
Legal Description
• A TRACT OF LAND LOCATED IN SOUTH HALF OF SECTION 27 AND THE NORTH HALF
OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, FROM WHICH THE
SOUTH ONE-QUARTER CORNER OF SAID SECTION 27 BEARS NORTH 89°07 '33" EAST,
A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION, THENCE NORTH 89°35'53"" EAST, A DISTANCE OF 30.00
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7
AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°22'25" WEST, A DISTANCE OF
2654 .13 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 27; THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST, A
DISTANCE OF 1354.30 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 163 AT PAGE 485 OF THE WELD COUNTY
RECORDS; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING EIGHT COURSES:
1) THENCE SOUTH 06°51'09" WEST, A DISTANCE OF 266.98 FEET; 2) THENCE
SOUTH 30°38'53" EAST, A DISTANCE OF 445.00 FEET; 3) THENCE SOUTH
42°21'07" WEST, A DISTANCE OF 219.00 FEET; 4) THENCE SOUTH 23°06'07"
WEST, A DISTANCE OF 660.00 FEET; 5) THENCE SOUTH 24°53'53" EAST, A
DISTANCE OF 700.00 FEET; 6) THENCE NORTH 88°51'07" EAST, A DISTANCE OF
454 .00 FEET; 7) THENCE SOUTH 60°53'53" EAST, A DISTANCE OF 385.00 FEET;
8) THENCE NORTH 86°21'07" EAST, A DISTANCE OF 178.52 FEET TO THE
• SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE
35 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH
75°00'00" EAST, A DISTANCE OF 155.32 FEET TO A POINT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST
LINE SOUTH 00°24'02" WEST, A DISTANCE OF 89.26 FEET TO THE SOUTHERLY
LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2009954 OF THE
WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 11
COURSES: 1) THENCE SOUTH 85°38'17" EAST, A DISTANCE OF 582.71 FEET; 2)
THENCE NORTH 65°31'22" EAST, A DISTANCE OF 315.60 FEET; 3) THENCE NORTH
52°04 '24" EAST, A DISTANCE OF 339.15 FEET; 4) THENCE NORTH 50°39'42"
EAST, A DISTANCE OF 213.85 FEET; 5) THENCE NORTH 21°19' 16" EAST, A
DISTANCE OF 257.83 FEET; 6) THENCE NORTH 00°31' 12" WEST, A DISTANCE OF
298.26 FEET; 7) THENCE NORTH 14°21'24" WEST, A DISTANCE OF 244 .37 FEET;
8) THENCE NORTH 12°34'51" WEST, A DISTANCE OF 588.61 FEET; 9) THENCE
NORTH 43°15'27" EAST, A DISTANCE OF 134.45 FEET; 10) THENCE NORTH
51°34 '02" EAST, A DISTANCE OF 332.64 FEET; 11) THENCE NORTH 41°59'02"
EAST, A DISTANCE OF 419. 65 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE
NORTH 89°04'53" EAST, A DISTANCE OF 472.67 FEET TO THE NORTHWEST CORNER
OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO.
605, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG THE
WEST LINE OF SAID PARCEL SOUTH 00°06'27" WEST, A DISTANCE OF 2577.68
FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND RECORDED AS
RECEPTION NO. 3415666, PARCEL NO. 605A, AUGUST 8, 2006 ACCORDING TO THE
WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY AND WESTERLY LINE OF
SAID PARCEL THE FOLLOWING THREE COURSES: 1) THENCE SOUTH 85°59'05"
WEST, A DISTANCE OF 456. 95 FEET; 2) THENCE SOUTH 89°07' 10" WEST, A
• DISTANCE OF 214.69 FEET; 3) THENCE SOUTH 00°52 '50" EAST, A DISTANCE OF
30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY
• ROAD NO. 28; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°07' 10"
EAST, A DISTANCE OF 670.00 FEET; THENCE SOUTH 00°06'27" WEST, A
DISTANCE OF 22.20 FEET; THENCE SOUTH 00°57'01" EAST, A DISTANCE OF
27.81 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 28; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89°07' 10"
WEST, A DISTANCE OF 455.00 FEET TO A POINT ON THE WEST LINE OF THAT
PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO. 603A,
AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID WEST
LINE SOUTH 00°56'56" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH
85°51'25" EAST, A DISTANCE OF 456.80 FEET TO A POINT ON THE WEST LINE
OF THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 3415666, PARCEL NO.
603, AUGUST 8, 2006 ACCORDING TO WELD COUNTY RECORDS; THENCE ALONG SAID
WEST LINE THE FOLLOWING FIVE COURSES: 1) THENCE SOUTH 00°57'01" EAST, A
DISTANCE OF 2590.28 FEET; 2) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF
267 .75 FEET; 3) THENCE SOUTH 13°55'35" EAST, A DISTANCE OF 289.41 FEET;
4) THENCE SOUTH 00°56'51" EAST, A DISTANCE OF 1025.00 FEET; 5) THENCE
SOUTH 07°07'44" EAST, A DISTANCE OF 325.05 FEET TO A POINT ON A LINE
250.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 34; THENCE ALONG SAID LINE SOUTH 00°56'51" EAST, A
DISTANCE OF 494.18 FEET TO A POINT ON THE NORTHERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED AT RECEPTION NO. 2696322 OF THE WELD COUNTY
RECORDS; THENCE ALONG THE NORTH AND WEST LINE OF SAID TRACT THE
FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°03'18" WEST, A DISTANCE OF
66.01 FEET; 2) THENCE NORTH 65°01'41" WEST, A DISTANCE OF 69.29 FEET;
3) THENCE SOUTH 00°04 ' 10" WEST, A DISTANCE OF 339.78 FEET TO A POINT ON
THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO.
2265474 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID LINE THE
• FOLLOWING THREE COURSES: 1) THENCE SOUTH 89°47' 50" WEST, A DISTANCE OF
567.78 FEET; 2) THENCE SOUTH 50°06'50" WEST, A DISTANCE OF 440.00 FEET;
3) THENCE SOUTH 73°04 ' 17" WEST, A DISTANCE OF 1383.42 FEET TO THE
NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1499 AT PAGE 596
OF THE WELD COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH
23°14 '50" WEST, A DISTANCE OF 55.32 FEET TO A POINT ON THE WEST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE
NORTH 00°35'48" EAST, A DISTANCE OF 730.38 FEET TO THE SOUTH ONE-
QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34 NORTH 89°54 '46" WEST, A DISTANCE
OF 520.82 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO. 1501922 OF THE WELD COUNTY RECORDS; THENCE
ALONG THE EASTERLY LINE OF SAID TRACT THE FOLLOWING TWO COURSES: 1)
THENCE NORTH 28°18'59" WEST, A DISTANCE OF 737.00 FEET; 2) THENCE NORTH
O1°04' 15" WEST, A DISTANCE OF 2033.10 FEET TO THE NORTHEAST CORNER OF
SAID TRACT AND A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89°07'20" EAST, A
DISTANCE OF 817.26 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID
SECTION 34; THENCE ALONG THE EAST LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 34 NORTH 00°34 '36" WEST, A DISTANCE
OF 1333.53 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE
ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER SOUTH
89°26'07" WEST, A DISTANCE OF 2540.06 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST
RIGHT-OF-WAY LINE NORTH 00°24'50" WEST, A DISTANCE OF 1311.48 FEET TO
THE TRUE POINT OF BEGINNING. EXCEPTING THERE FROM THE FOLLOWING
DESCRIBED PARCEL OF LAND.
•
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, WHENCE
• THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89°07 '33" WEST, A
DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 34, SOUTH 00°35'07" EAST, A DISTANCE OF 30.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET SOUTH OF
AND PARALLEL WITH THE NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION
34 NORTH 89°07' 33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE
30.00 SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 34 NORTH 89°07' 10" EAST, A DISTANCE OF 765.29
FEET; THENCE SOUTH 02°06' 45" WEST, A DISTANCE OF 310. 68 FEET; THENCE
NORTH 87°52'58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG SAID
WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95 FEET TO THE TRUE
POINT OF BEGINNING.
SAID TRACT CONTAINS 587.004 ACRES.
R:\6161_002_anderson\dwg\LEGALS\WATERFRONT LESS ANDERSON.doc
•
•
- (MI TETRA TECH, INC.
July 23,2007
Mr.Kim Ogle,Planner
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: PUD Change of Zone Schedule for The Waterfront at Foster Lake
Dear Mr.Ogle:
Thank you for providing the proposed schedule for the Change of Zone application for the Waterfront at
Foster Lake. On behalf of our client, Linda Sweetman-King, the schedule for a Planning Commission
hearing date of October 16, 2007 and a Board of County Commissioner hearing date of November 14,
2007 are acceptable.
If there is anything further that you require,please let me know. We look forward to working with you on
this project and appreciate your timely responses.
•
• Sincerely,
TETRA TECH INC.
c el/ O J ��
Julie A Cozad
Land Planning Manager
cc: Linda Sweetman-King,TerraVisions
file
H:\5 161_002_03\Correspondence\Weld County\Schedule07-22-07.doc
• 1900 S.Sunset Street,Suite I-F Longmont,CO 90501
Tel 303.772.5292 Fax 303.665.6959
vmw.ttnnc.corn
• •
Waterfront at Foster Lake
Change of Zone Application
• Table of Contents
• Cover Letter(with Authorizations) 1 original plus 24 Copies
• Application form 1 original plus 24 Copies
• Summary of concerns from Sketch Plan 1 original plus 24 Copies
• Affidavit and certified list of SPO within 500' 1 Copy
• List of Mineral Owners and Lessees 1 Copy
• Change of Zone Plat(Folded-24"x 36") 25 Copies
• Change of Zone Plat (8 'A" x 11" reduced) 1 Copy
• Change of Zone Plat (11" x 17") 3 Copies
• Specific Development Guide 1 original plus 24 copies
• Weld County Road Access Sheet 1 original plus 24 Copies
• Evidence of Adequate Water supply 2 Copies
• Evidence of Adequate Sewer supply 2 Copies
• Evidence of adequate attempt with Mineral Lessees (including large map) 1 Copy
• Evidence of adequate attempt with Ditch Owners 1 Copy
• Statement of Taxes 1 Copy
• Title Commitment 1 Copy
• Deeds 1 Copy
• • Groundwater Study 4 Copies
• Geotechnical Report 4 Copies
• Soils Data 4 Copies
• Wetland Study 4 Copies
• Change of Zone Drainage Report 4 Copies
• Hydrologic and Hydraulic Analysis Proposed Spillway and Channel 4 Copies
• Fire Flow Analysis 4 Copies
• Traffic Impact Study (Copy of August 29, 2006 Study) 5 Copies
• Memo and Draft Improvements Agreement 4 Copies
• Application Fee Check for $5000
•
• •ARTMENT OF PLANNING SERVICE
NORTH OFFIC
918 10th Strei
e; tgelt" Greeley, CO 8063
Website: www.co.weld.co.i.
'• Phone: (970) 353-6100 Ext. 354
Fax: (970) 304-64G
lung SOUTHWEST OFFIC
4209 CR 24.
V Longmont, CO 805C
COLORADO. Phone: (720)6 -4210, Ext 872
x2(720) 652-421
INVOICE & RECEIPT SUMMARY
July 16, 2007
Application Number PDF07-01141
App Type: Building\Department Fees\NA\NA
Office Accepted At North
Applicant Name: TETRA TECH RMC
VOICES:
oice# 35079
PUD Change of Zone 10 or More Lots (Enter 1) $5,000.00
Total Fee: $5,000.00
PAYMENTS:
Receipt# Payment Method Ref# Payment Date Amount Cashier
43682 Check 39380 07/16/2007 $5,000.00 PKAMADA
Total Paid: $5,000.00
•
0 TETRA TECH, INC.
July 15,2007
Mr.Kim Ogle,Planner
Weld County Department of Planning Services
4209 County Road 24 '/3
Longmont,CO 80504
RE: Change of Zone application for the Waterfront at Foster Lake PUD
Dear Mr.Ogle:
Tetra Tech is pleased to submit the complete application for Waterfront at Foster Lake for a Planned Unit
Development Change of Zone, on behalf of HF Holdings, LLC. Enclosed you will find a Table of Contents, listing
the submitted documents, which meet the requirements of the Weld County Code and are also listed on the PUD
Change of Zone checklist provided by the County. There are additional documents included that have been
requested through the Sketch Plan referral process and staff report.
The 587-acre property is located west of and adjacent to Interstate 25 and is bounded by Weld County Road 7 on the
west, Foster Lake on the north, and the St. Vrain River on the south. The application proposes a variety of single
family attached and detached residential lots, multi-family housing areas, and a ten-acre commercial tract. A
community center is planned that will provide additional community amenities.
The plan proposes over two hundred acres of common open space,which will be provided along the St. Vrain River,
Foster Lake, as well as in several "pocket parks". A greenway area is intended to span along the existing drainage
• and irrigation paths and a series of existing ponds on the southern portion of the property will add to the common
open space amenities. Pedestrian trails and connecting sidewalks loop through the neighborhood and connect
adjacent proposed neighborhoods, parks and open space, schools and the community center. Landscaping is
designed to accentuate the natural environment, buffer high traffic areas and oil and gas facilities, and enhance the
streetscape and park areas.
The Waterfront project is designed to have a serene and natural feel, unique to other developments in the area.
Great care has been taken in protecting floodplain areas, drainage corridors and potentially sensitive wildlife areas,
while providing a variety of housing types and commercial opportunities.
Please feel free to contact me with any questions or concerns that you may have. Thank you for your consideration
of this application.
Sincerely,
TETRA TECH, INC.
O «i
Julie A. Cozad
Land Planning Manager
cc: Linda Sweetman-King,TerraVisions
Enclosure
• R:\5161_002_anderson\Documents\5161_002_03\Application\Change of zone submittal\\Cover letter.doc
Waterfront at Foster Lake
• A Planned Unit Development
Weld County, Colorado
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Change of Zone Specific Guide
Submitted to: Weld County Planning Services Department
4209 Weld County Road 24'/:
Longmont,CO 80504
Planner: Kim Ogle, Planning Manager
Submitted for: HF Holdings, LLC
• 4 Inverness Court East,#300
Englewood,CO 80112
Representative: Darwin Horan
Attn: Linda Sweetman-King
Property Owner: Midwest Heritage Inn of Deptford, Inc., a North Dakota Corporation;
Midwest Heritage Inn of Visalia, Inc.,a North Dakota Corporation
2518 Anthem Village Drive, Suite 104
Henderson, NV 89052
President: Gary Tharaldson,Tharaldson Financial Group
Submitted by: Tetra Tech Inc.
1900 S.Sunset Street,Suite 1-F
Longmont,CO 80501
Project Managers: Julie Cozad-Planning
Cathy Leslie, P.E.and Becky Eustice-Civil Engineering
In Association with: Terra Visions, LLC Program Manager,Linda Sweetman-King
Gene Coppola,Traffic Engineer
A.G.Wassenaar, Inc., Geotechnical and Environmental Consultants—
Devin Schroeder, E.I.and Patrick Carlin, P.E.
Western Environment and Ecology, Inc., Environmental Consultants—
Brian Partington, Project Manager
•
ENVIRONMENTAL IMPACTS - COMPONENT ONE
• 1. Noise and Vibration
The development is located adjacent to Interstate 25, which is an existing noise generator.
The residential lots have been set back from the Interstate and in addition, extra landscaping,
home construction options and other noise mitigation measures will be taken to ensure that
maximum allowable residential noise levels at the property lines will not be exceeded. Other
noise and vibration hazards will occur during the construction phase, but will be temporary.
2. Smoke,Dust and Odors
Currently, there are minimal amounts of smoke, dust and odor, being generated by
construction operations on adjacent properties, I-25, and agricultural operations within this
area. The only additional impacts caused by this development would be during the
construction phase and would be temporary.
3. Heat,Light and Glare
Existing heat, light and glare impacts are generally created from 1-25 and surrounding
commercial uses along I-25 and State Highway 119. Landscaping, berming and other
techniques will be utilized in order to minimize the negative impacts that heat, light and glare
will have upon the new residents of this project. Through the use of landscaping treatments,
• any impacts associated with heat, light and glare will be temporary or minimal and will be
eliminated once the landscaping has matured. As the surrounding properties are developed,
including the new St. Vrain Valley School District high school, the impacts from adjacent
properties would be greater than those impacts afflicted on adjacent properties.
4. Visual/aesthetic impacts
Visual corridors have been planned and incorporated into the project so that the impacts are
positive to passing vehicular traffic, adjacent land uses and new residents of the
development. Negative visual impacts on future homeowners include oil and gas facilities.
However, it is the intention of the property owner to cooperate with the mineral lessees by
utilizing low profile equipment and to incorporate landscaping elements,wherever feasible,
in order to reduce the visual impacts that the oil and gas facilities will have on the new
residents. The visual and aesthetic impacts of the Waterfront at Foster Lake PUD on
surrounding land uses are positive and will be enhanced by the landscape plan, architectural
standards, and the overall comprehensive planning of the project.
5. Electrical interference
There is no known electrical interference produced by this project.
•
Waterfront at Foster Lake
P.U.D. Change of Zone
• 6. Water pollution
Drainage on the development has been carefully planned to minimize any potential water
pollution and will follow all current State and Federal requirements, utilizing"best
management practices". A Drainage Report is included with this application. This study has
been done in accordance with all of the Weld County Code requirements and is available in
the offices of the Weld County Department of Planning Services.
7. Wastewater disposal
The St. Vrain Sanitation District is the sanitary sewer service provider for this project. This
sewer service will be provided through the new Liberty Gulch Trunk Line that was recently
completed to provide service to the Centex Homes project located on the southeast corner of
the intersection of State Highway 66 and Weld County Road 5.5. In addition, it is also
possible to serve the northern portion of the project by an existing sanitary sewer line. The
northern portion of the project could access this sanitary line near the intersection of I-25 and
WCR 28. The St. Vrain Sanitation District has verified that there is capacity in the sanitary
sewer lines and in the existing sewer treatment plant. The entire property is included within
the St. Vrain Sanitation District and the approved Subdivision Service Agreement is
submitted with this application.
There are existing septic systems located on the property that currently serve the residents of
• the homes located on the property. The existing septic systems will remain on site, until
either construction commences on the Phase surrounding those residences or when sewer is
within 400', as allowed by State Health Department requirements. Any septic systems that
do not have existing permits will meet all Weld County Health Department Regulations.
8. Wetland removal
A General Ecological Resources Survey was completed by Western Environment and
Ecology, Inc. and is included with this application and available in the offices of the Weld
County Planning Department. The only jurisdictional wetlands on the property occur within
the St. Vrain Creek flood plain. There is no development planned within the area of the
defined flood plain.
9. Erosion and sedimentation
Construction activities will be conducted in a manner as to reduce potential erosion concerns.
Erosion control measures that are required by Weld County will be adhered to and an
Erosion Control Plan is included with this application as a part of the Drainage Report.
These studies were done in accordance with all of the Weld County Code requirements and
are available in the offices of the Weld County Department of Planning Services.
•
Waterfront at Foster Lake 2
P.U.D. Change of Zone
• 10. Excavation, filling and grading
Construction of foundations and roads will be closely monitored and all regulations will be
adhered to. All grading will be done in accordance with the requirements of the Weld
County Public Works Department as well as the Building Department. On-going
groundwater analysis is being conducted on the site and a Groundwater Monitoring Plan and
Grading Plan are included with this application. These studies were done in accordance with
all of the Weld County Code requirements and are available in the offices of the Weld
County Department of Planning Services.
11. Drilling, ditching and dredging
Waterfront at Foster Lake, LLC is the mineral owner and Ken McGee is the mineral
leaseholder on and under the property. The list of mineral owners and lessees, prepared by
Bill Crews, Crews and Zeren, is included with the application.
The COZ plat shows 150' setbacks from wells, tank batteries, separators, meter houses and
emission control devices for existing and new facilities on the property, for residential and
commercial areas, and 350' from any structures classified as assemblage occupancies. These
setbacks have been negotiated with Kerr McGee, through their previous letter to Weld
County and a Memorandum of the Surface Use Agreement with Ken McGee, and are
included with this application.
• There are no viable commercial mineral deposits within the property, as shown in test
borings#16, 17 and 18 in the Geotechnical Report conducted by A.G. Wassenaar.
Furthermore,the USDA,Natural Resources Conservation Service indicates this entire
property as a poor gravel source. The Geotechnical Report and soils information are
included with this application.
12. Air pollution
As this is a residential/commercial development harmful levels of air pollution will not
occur.
13. Solid waste
Individual homeowners will be required to remove household trash on a weekly basis.
14. Wildlife removal
There are some small areas of Prairie Dog colonies that will be removed in a humane
manner.
•
Waterfront at Foster Lake 3
P.U.D. Change of Zone
15. Natural vegetation removal
• The property is currently agricultural and will continue to be farmed until the parcel is
developed. Existing vegetation adjacent to the Saint Vrain Creek, areas adjacent to Foster
Lake and some areas around the four existing ponds on the southern portion of the property
will be preserved, to the best extent possible.
16. Radiation/radioactive material
None.
17. Drinking water source
The source of public water is the Longs Peak Water District(LPWD). LPWD has water
infrastructure in the area and is currently designing a water infrastructure project that will
provide service not only to this project but to adjacent properties as well. A non-potable
water irrigation system is being planned for the open space,park areas, residential and
commercial lots. The current property owners have retained shares of the Hayseed Ditch and
Highland Ditch, which could be utilized within the irrigation system. There have been
preliminary discussions with LPWD for taking over the non-potable water supply for the
project.
18. Traffic impacts
• The vehicular circulation for Waterfront at Foster Lake PUD consists of a hierarchy of
roadways that will adhere to Weld County standards. A preliminary traffic report was
prepared by Gene Coppola and accompanied the Sketch Plan application. A final traffic
report will be submitted with the Final Plat submittal, as approved by Weld County
Department of Public Works. The four types of roadway cross-sections proposed with this
project include a 116' wide arterial roadway, two 80' collector roads, one 70' collector road
and 60' local roads. Typical cross-sections for all the roads within the development are
shown within the Change of Zone plan set.
The concept for this site plan is to provide safe and efficient pedestrian and vehicular
circulation throughout the site. The proposed site layout allows the preservation of view
corridors and provides residents with convenient access to the site's many natural amenities.
The realignment of Weld County Road 28 has been approved by the Weld County Public
Works Department and is shown on the Change of Zone Plat. Further traffic studies are
planned to identify where signals and turn lanes may be required. Following are descriptions
of proposed roadways and their locations within the Waterfront Subdivision.
MINOR ARTERIAL
Weld County Road 28 is proposed to be realigned from its present location and will curve
south from I-25 and will connect to County Road 7 as shown on the Change of Zone Plat. A
116' right-of-way is planned that will include a 12' and a 13' travel lane in each direction, a
14' striped median with provisions for one 10' left turn lane, and a 8' bike lane in each
•
Waterfront at Foster Lake 4
P.U.D. Change of Zone
direction including 6" vertical curb and gutter on both sides of the roadway. Adjacent to the
• bike lanes a 12' right turn lane will be provided if determined by the traffic report.
Additionally a 6' attached walk will transition to a detached walk with a 12' tree lawn in
areas where a turn lane is not required.
70'COLLECTOR
A 70' collector road will be provided on the east side of the proposed high school site. This
roadway will provide an important connection for residents located in the south half of
Waterfront to County Road 28. The roadway will utilize two 12' travel lanes with
provisions for a 12' turn lane, a 8' bike lane on both sides of the road, a 7' tree lawn and 5'
detached walk located on the east side of the road, and 5' attached walk located on the west
side of the roadway.
80' COLLECTOR
Three 80' collector roads will be provided to accommodate and distribute a greater amount
of traffic to the nearby arterial roadways. The collector road cross-section consists of two
11' travel lanes, one 14' turn lane, two 7' bike lanes, two 10' tree lawns, and two 5' attached
walks.
LOCAL ROADWAYS
Local roadways are located throughout individual neighborhood areas and consist of the
following: two 12' travel lanes, 8' parking on both sides of the street, 5' attached sidewalks
and 2.5' for utilities.
• The local road located near the northwest side of the site, adjacent to County Road 7 will be
a modified version of the aforementioned cross-section. This roadway will consist of an 11'
travel lane, a 7' bike lane, a 6' tree lawn, and a 5' detached sidewalk located on both sides
of the roadway.
ALLEYWAYS
Alleyways may be located in higher-density residential areas and will be further designed at
the time of Site Plan Review for the specific areas, as they develop.
SERVICE PROVISION IMPACTS—COMPONENT TWO
1. Schools
Wateifront is within the St. Vrain Valley School District. The applicant has met with the
School District and it has been determined that an elementary school is not necessary at this
location. The project is adjacent to a planned high school and middle school. The applicant
will cooperate with the school district in regard to impact fees and any potential shared uses.
•
Waterfront at Foster Lake 5
P.U.D. Change of Zone
2. Law enforcement
•
This project will be part of the Weld County Law Enforcement District. The applicant will
go through the necessary process to become part of this district to provide an urban level of
law enforcement for the development.
3. Fire protection
Fire protection will be provided by Mountain View Fire Protection District. The applicant
has met with the Fire District and there are no major impacts on their service, in association
with this project.
4. Ambulance
Mountain View Fire Protection District will provide emergency ambulatory services. The
applicant has met with the District to ensure services will be provided.
5. Transportation
The interior roadways will be constructed to Weld County and Mountain View Fire District
standards. Roads will be collateralized in an improvements agreement as necessary. Drafts
of the On-site Agreement and a Memorandum attached to the Off-Site Agreement are
included with this application. Final Improvements Agreements for off-site and on-site
• improvements will be submitted as a part of the Final Plat application. The applicant has met
with the Town of Mead, City of Longmont, Weld County, the St. Vrain School District and
Colorado Department of Transportation (CDOT)regarding transportation related issues
affecting this project. The project includes all right-of-way requirements from Weld County,
the Town of Mead and CDOT.
6. Traffic impact analysis
A Traffic Impact Study was completed for the Sketch Plan application. The Weld County
Public Works Department is waiving an update to the study until the submittal of the Final
Plat application. There is currently a study being completed by Felzburg, Holt and Ullevig
for the MUD area. The Town of Mead, City of Longmont and Weld County are reviewing
the study and will make it available for use on subsequent applications.
For additional information regarding the proposed traffic impacts please refer to the Traffic
Impact Study, dated August 29, 2006 and prepared by Gene Coppola. This study was
submitted with the Sketch Plan application and done in accordance with all of the Weld
County Code requirements. Copies have been supplied with this application and it is also
available in the offices of the Weld County Department of Planning Services.
•
Waterfront at Foster Lake 6
P.U.D. Change of Zone
7. Storm drainage
• A Drainage Study, Breach Path Study, Erosion Control Plan and Grading Plan are included
with this application. These studies were done in accordance with all of the Weld County
Code requirements and are available in the offices of the Weld County Department of
Planning Services.
8. Utility provisions
All dry utility providers have been contacted and have confirmed the capacity to serve the
development. The applicant has met with the utility providers on several occasions to begin
work on future service agreements. Detailed service plans will be provided at the fmal plat
phase.
Water and sewer provisions are described below.
9. Water provisions
A draft Service Agreement between Longs Peak Water District and the developer has been
submitted to the Weld County Attorney's office and is included as a part of this Change of
Zone application.
10. Sewage disposal system
• The St. Vrain Sanitation District will provide sanitary sewer to this site. The subject property
has been included into the District, with documentation included within this application. A
Subdivision Service Agreement for sewer service is also included.
11. Structural Road Improvements Plan
Roads will be constructed to Weld County specifications and will be collateralized at the
final plat phase. A memo with an attached boilerplate agreement for the off-site Public
Improvements is included with this application. An on-site Public Improvements agreement
is also included with the application. These items were discussed with Bruce Barker, Weld
County Attorney, Weld County Public Works and the Weld County Planning Department.
LANDSCAPING ELEMENTS—COMPONENT THREE
The proposed landscaping for the Waterfront at Foster Lake will comply with all standards
outlined in the Weld County MUD design standards. The landscape design for the site
incorporates native and low water plantings throughout in order to promote water
conservation and to enhance existing wildlife habitat. Riparian areas around existing lakes
and ponds will be enhanced with native plantings to provide important habitat for existing
wildlife. Near the southern boundary of the site, the St. Vrain riparian corridor will likely be
enhanced with additional plantings and miscellaneous debris will be removed.
•
Waterfront at Foster Lake 7
P.U.D. Change of Zone
Open space areas located throughout the Waterfront development and along arterial
roadways, will incorporate deciduous, coniferous and ornamental trees in the landscape
•
design of these areas. Perennials, ornamental grasses and native shrub plantings will also be
used to provide a more natural setting. Additionally, landscape berms will provide screening
to mitigate visual impacts along I-25 and around existing oil and gas wells.
A trail system consisting of 5' wide crusher fine trails will wind through the site and will
provide important pedestrian connectivity. Along local streets deciduous street trees will be
planted at 50' intervals to emphasize circulation patterns and to provide a sense of pedestrian
scale. Parks and children's playgrounds will also be landscaped with regionally appropriate
plant materials. Active park and recreational areas are planned to incorporate irrigation with
head to head coverage, while native areas will utilize irrigation systems that require less
water. Where necessary all disturbed open space areas will be planted with dryland native
seed to prevent runoff and erosion and enhance wildlife habitats. A non-potable water
system will be designed utilizing historic agricultural water, including the applicant's shares
of the Highland Ditch and Hayseed Ditch rights.
SITE DESIGN—COMPONENT FOUR
The Waterfront at Foster Lake PUD has been designed to fit in with the surrounding planned
neighborhoods as well as enhancing the vehicular circulation through the area. Connections
have been made to integrate the community with the proposed Kiteley Farms development to
the north and the proposed Adler Farms development to the west. The road alignments for
this project will enhance the capacity and circulation of the existing roads. The applicant and
• consultants have held several meetings with surrounding stakeholders regarding street
alignments and have worked to create a circulation plan that works with all proposed plans
for Weld County, the Town of Mead, City of Longmont and CDOT. Pedestrian trail
connections are planned to connect to the surrounding neighborhoods and to the proposed
high school and middle school site.
There are 10 acres that will be zoned PUD/Commercial for commercial and/or retail type
uses. The proposed floor area ratio is .23 with 100,000 square feet available for commercial
use. The amount and type of the commercial uses will be determined as market trends
indicate. Site Plan Reviews,to address issues such as landscaping and parking, will be
applied for when specific uses are known for this site.
The total number of proposed dwelling units for the Waterfront Development is 1,804. (See
sheet 6 of the Change of Zone Plat for specific product type breakdown.) The single-family
residential lots comprise 202.4 acres of the site. Lot sizes range from 6,050 to 11,200 square
feet with densities ranging from 4-7 dwelling units per acre.
Twenty-two acres of the development are designated as single family/multi-family with a
density of 8-10 dwelling units per gross acre. Specific product types that may be used in this
area include single-family detached homes, single family attached housing (patio homes,
rowhouses, duplex, triplex, and fourplex) and multi-family dwellings(apartments,
condominiums and townhomes). Minimum unit sizes will meet current Weld County
• Standards.
Waterfront at Foster Lake 8
P.U.D. Change of Zone
• Twenty-nine acres are designated as Multi-family, with densities ranging from 12-14
dwelling units per acre to 14-16 dwelling units per acre. Specific product types include single
family attached dwellings in the form of single family patio homes, rowhouses, duplex,
triplex and fourplex units and high density multi-family dwellings in the form of apartments,
condominiums and townhomes.
COMMON OPEN SPACE USAGE-COMPONENT FIVE
Open space and natural areas are an important part of the Waterfront development. Over two
hundred acres are classified as open space, equaling more than thirty percent of the entire
development. The open space system for the Waterfront development is a primary unifying
element for the community; tying the neighborhoods together near Foster Lake to the north
with the neighborhoods that overlook the St. Vrain River to the south. An important
component of the site is its natural open space and native areas. The intent of the overall site
plan is to preserve and enhance these natural systems. This open space system is designed to
provide users with an opportunity for both active and passive recreation. Large greenways
connecting the St. Vrain River and Foster Lake will serve not only as storm water
drainageways for the control and detention of storm water, but also are designed as natural
wildlife corridors. Greenways will be enhanced with native and xeric plantings with
additional open space areas being planned throughout the community to add variation to the
streetscape, create pedestrian connections, enhance natural areas, screen residences from
roadways, and encourage a"neighborhood feel".
• Four primary neighborhood meeting areas are proposed within the Waterfront development.
The first area is located near the northwest side of Foster Lake and consists of a tot lot play
area with play equipment and an enclosed portable restroom facility. The second area is
located in the south half of the development and will be a much larger park area. It will
include a tot lot with play equipment and a formal lawn area for passive recreation.
Incorporated within the area will be additional native plantings and meandering trails
adjacent to the existing ponds and open space areas.
A public pavilion enclosure is located near the north east side of Foster Lake. It is proposed
that this area may be used for community events, parties or weddings. Trail connections
provide access to the nearby fishing pier and boat dock.
Lastly, a community center is located on the realigned Weld County Road 28 adjacent to the
proposed high school site. The pool will be available to the community and may be shared
with the St. Vrain Valley School District. It is envisioned that the community center will
include a restroom/changing facility, a meeting room, and will include parking. A Site Plan
Review application will be submitted with the Final Plat application to address specific
improvements for the community center.
Recreational uses in the parks and open space areas may include fishing, non-motorized
boating, lakeside activities and walking trails. Recreational uses will complement the
physical characteristics of the property, especially in the vicinity of Foster Lake. The current
•
Waterfront at Foster Lake 9
P.U.D. Change of Zone
property owner and developer of the project own the recreational rights on the lake. There
• are approximately 17,715 linear feet of 5' wide crusher fine trails planned to meander
through the development and connect to adjacent neighborhoods and schools.
The area around the St. Vrain River will remain in a natural state, and will be cleaned of
debris in specific areas to create a natural setting along the river. The open space system will
maintain and/or enhance the current wildlife and natural areas on the property. Site design
elements (signage, artwork, weather vanes, etc) may incorporate references to the historic
agricultural use and heritage of the Anderson Farm.
Many unique natural features on the property will be incorporated and preserved as part of
the plan to enhance the development and protect sensitive areas. Foster Lake encompasses
approximately 140 acres, with vegetation along the shoreline. An open space buffer is
planned along the water's edge that will incorporate healthy areas of existing plants and
proposed additional plantings. From Foster Lake to the St. Vrain River, the topography on
the property is varied and falls from north to south. The United States Geological Survey
Gowanda Quadrangle indicates that the site elevation is between 4,835 and 4,965 feet. There
is a ridgeline area with extraordinary views of the river basin, St. Vrain State Park and the
many lakes in the region. Several small ponds located on the southern portion of the property
have been historically utilized by the previous property owner and will be incorporated into
the open space design.
Approximately 20 acres adjacent to the St. Vrain River fall within the 100-year floodplain
and contain riparian vegetation. This area is planned as natural open space, with the potential
• for passive recreation opportunities (i.e. picnicking, bird-watching). It will remain as a
natural area and will be connected to the development through the drainage channels that run
from north to south from Foster Lake.
SIGNAGE-COMPONENT SIX
A primary entry monument sign and landscape area will be constructed near the access road
connecting to Weld County Road 7 located near the northwest portion of the site. Additional
secondary entry monumentation will be provided leading into individual neighborhood areas
and will provide a unifying element between the various neighborhoods. Proposed sign
locations are indicated on the Change of Zone plat. It is envisioned that signage monuments
will be constructed of natural materials and will relate to the overall natural theme of the
development. Interpretive and directional signage will also be utilized at entrances to trails
and near natural areas to provide wayfmding and educational opportunities for the residents
of the development.
Zoning districts within the Waterfront development will also have entry signs and will adhere
to the sign standards approved for the overall development. These districts include the single
family attached/multi-family district, multi-family district and the commercial district.
Additional signage will be provided near the park, tot lots, pavilion, and community center.
•
Waterfront at Foster Lake 10
P.U.D. Change of Zone
MUD IMPACT— COMPONENT SEVEN
• The development is located entirely within the Mixed Use Development(MUD) District area
boundary. All applicable standards and criteria for the MUD have been incorporated into the
plan. There are no intergovernmental agreements affecting the project. The project is
consistent with Chapter 26 of the Weld County Code and meets the applicable MUD Goals,
Policies and Development Standards established for the MUD area, as follows:
Weld County Comprehensive Plan: Section 22-2-110- UGB.Goal 2. states, "Concentrate
urban development in or adjacent to existing municipalities, an approved intergovernmental
agreement,the Mixed Use Development areas, urban growth boundary areas, urban
development nodes, or where urban infrastructure is currently available or reasonably
obtainable." The Waterfront project is within the Mixed Use Development Area of Weld
County and not within an intergovernmental agreement area or defined urban growth
boundary of a municipality.
Weld County Comprehensive Plan: Section 22-2-110- UGB.Goal 4. states, "Whenever
possible, open space within urban development should be connected to existing open space."
The open space area on the south portion of the property is adjacent to the St. Vrain State
Park.
Weld County Comprehensive Plan: Section 22-2-170- C.Goal 2. states"Encourage the
expansion and diversification of the commercial economic base." The Waterfront project
will include ten acres of commercial, with C-1 and C-2 uses.
• Weld County Comprehensive Plan: Section 22-2-230 - MUD. Goal 3. states, "To provide
efficient and cost-effective delivery of adequate public facilities and services which assure
the health, safety and welfare of the present and future residents of the County and the area."
MUD.Policy 5.1 and Section 22-2-250. I-25 MUD area public facilities and services goals
and policies also address infrastructure facilities. This application includes a memo and draft
Improvements Agreement outlining the anticipated costs and mechanisms to pay the fair
share of infrastructure directly related to this development.
Adequate public facilities and services are provided to the residents of the Waterfront project,
with some of the facilities funded through the formation of a Metropolitan District. The
project is served by public water and sewer, with adequate utility service available for
electric, gas, cable and telephone. There have been numerous meetings and discussions with
all of the utility providers throughout the design process for the development.
Fire protection is provided by Mountain View Fire Protection District and the project will be
included into the Law Enforcement District. The St. Vrain School District is in the process
of building a new high school, with a future middle school located adjacent to the Waterfront
Development. There are adequate facilities in the surrounding area for elementary level
education. Transportation issues have been coordinated with Weld County,the Town of
Mead, City of Longmont and the St. Vrain School District. The goals and policies for
adequate public facilities and services have been addressed with this application.
•
Waterfront at Foster Lake 11
P.U.D. Change of Zone
Weld County Land Use Code: Section 22-2-240. I-25 area goals and policies address
elements such as community identity, design techniques, landscaping, open space and
• pedestrian connections. This project has taken all of the I-25 MUD area goals and policies
into consideration through the careful design of this project. The Waterfront at Foster Lake
has a serene and natural theme, enhanced by the native landscapes, conservation of natural
areas and habitats, nature trails and community gathering places within those natural areas.
These types of features are unique and not found on other projects in the vicinity and
complement the natural environment. This offers future residents with a one of a kind
community identity as outlined in the previous sections of this Development Guide.
The project adheres to the 1-25 Mixed Use Development Area 2.1 Land Use Map and assures
an attractive living environment by utilizing landscaping techniques that protect and preserve
the appearance and character of the surrounding area. Adequate pedestrian passageways
within the development are incorporated in the plan utilizing sidewalks and trails that
connect to adjacent developments to the north and west, as well as the future high school and
middle school. As discussed in Component Five of this Development Guide, there is an
extensive amount of common open space, including the recreational rights to Foster Lake.
The total amount of open space exceeds the requirements of Weld County.
Weld County Land Use Code: Section 22-2-260. I-25 MUD describes the area
transportation and circulation goals and policies. The design of the Waterfront development
fosters travel between residential neighborhoods and the employment,regional and
neighborhood centers. Currently there are no known transit projects or connections within
the surrounding area, other than pedestrian connections, which are described in other parts of
• this guide. A traffic impact analysis was completed at the Sketch Plan phase for Waterfront
and will be re-evaluated at the Final Plat phase utilizing the information from the County's
Transportation Plan(currently in draft form) for the area.
Chapter 27 describes the Planned Unit Development process,regulations and provisions. The
PUD process encourages flexibility and variety. Waterfront at Foster Lake has a variety of
residential lot sizes, including areas for detached Single Family, attached Single Family and
areas for Multi-family uses. There is also a ten-acre parcel for Commercial uses. These
areas will all be designed with high quality architectural style that will fit into the
surrounding landscape. This PUD Change of Zone adheres to the requirements of Section
27, Article V of the Weld County Code.
INTERGOVERNMENTAL AGREEMENT IMPACTS-COMPONENT EIGHT
There are no IGA's associated with this project.
REQUEST ADMINISTRATIVE REVIEW
Administrative review of the final plat by Weld County Department of Planning Services is
requested.
•
Waterfront at Foster Lake 12
P.U.D. Change of Zone
WAIVER REQUESTS
• Agricultural uses, associated accessory structures and the habitable single family dwelling
units may continue on the properties until construction commences within the filing in which
the uses are located.
There are several deviations from the bulk requirements for Residential and Commercial
zone districts as listed in the Weld County Code, and include minimum lot size, minimum
building setbacks, oil and gas setbacks, building heights, signage and animal units. The
Change of Zone Plan set specifically describes the Waterfront standard lot sizes, setbacks, oil
and gas setbacks, building heights and signage allowed within the Waterfront at Foster Lake
PUD.
•
•
Waterfront at Foster Lake 13
P.U.D. Change of Zone
June 11, 2007
To Whom it May Concern:
HF Holdings, LLC is the developer for the Waterfront at Foster Lake project and is
authorized to represent all property owners associated with the Waterfront at Foster Lake
project for any and all documents and agreements arising out of or in connection with the
proposed entitlement and development of the property.
Darwin Horan, Manager of HF Holdings, LLC is authorized to sign for HF Holdings, LLC,
Midwest Heritage Inn of Deptford, Inc, Midwest Heritage Inn of Visalia, Inc. All associated
documents for signature authority are included with this letter.
TerraVisions, LLC is the program manager for the project contracted through the
developer, HF Holdings, LLC. All correspondence should be directed through the primary
point of contact, Ms. Linda Sweetman-King, Manager of TerraVisions, LLC. Ms. Julie
Cozad and Ms. Cathy Leslie with Tetra Tech are the Planning and Engineering Consultant
team for the project.
• We have cooperated with Tetra Tech Inc. to process all work related to a Recorded
Exemption application to be filed in Weld County. Tetra Tech Inc. is authorized to
represent HF Holdings, LLC, Midwest Heritage Inn of Visalia, Inc., a North Dakota
Corporation and Midwest Heritage Inn of Deptford, Inc., a North Dakota Corporation
throughout the Recorded Exemption process.
Sincerely,
Darwin Horan
Authorized Agent
Midwest Heritage Inn of Visalia, Inc., a North Dakota Corporation
Midwest Heritage Inn of Deptford, Inc., a North Dakota Corporation
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.. ACCORDINGLY Me undersigned,as such Secretary of State,and by .
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MIDWEST HERITAGE INN OF VISALIA, INC. .
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i, hereby certifies that MIDWEST HERITAGE INN OF VISALIA,INC..a North
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• OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Dinette Dennis, as the Secretary of State of the State of Colorado, hereby certify that,
according to the records of this office,
HE HOLDINGS,LLC
is a
Limited Liability Company
formed or registered on 04/12/2006 under the law of Colorado,has complied with all applicable
• requirements of this office, and is in good standing with this office. This entity has been
assigned entity identification number 20061157505 •
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 08/15/2006 that have been posted, and by documents delivered to this office
electronically through 08/18/2006 @ 10:50:53 -
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed,
authenticated, issued, delivered and communicated this official certificate at Denver, Colorado
on 08/18/2006 @ 10:50:53 pursuant to and in accordance with applicable law. This certificate is
• assigned Confirmation Number 6565385 .
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Arvnio
Secretary of State of the State of Colorado
End of Certificate
&do:d certificate Leered electronically from the Colarndr Secretary of States Wed site is fully and immediately;valid anddkciime However,
a an apace,the knawe and validly of a cenp9cate obtainededecbonicdiy may be aablkhmdby visiting the Certificate Collimation on Page of
the Seaevay of Staai Web OM hitad/www.sonstate.tmonthicartificateSearchOlteriacb ereificateSearchOlteriado entering the certificates confirmation number
dUplayied on the a of locate.and following dm bubrctionr drpignd Confirming the ante of eay3cafe is manly optional and k no(
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• CERT_GS_D Revised 09/22/2005
STATEMENT OPAU7HORITY
I. This Statemeat of Authority relates to an entity named HF Holdings,LLC.
2. The type of entity is a
Corporation —Registered Limited Liability Limited Partnership
Nonprofit Corporation Limited Partnership Association
X Limited Liability Company Unincorporated Nonprofit Association
General Partnership _Government or Governmental Subdivision or Agency
_ Trust Business Trust
Limited Partnership _Registered Limited Liability Partnership
Other.
3. The entity Is brined under the laws of Colorado.
4. The mailing address for the entity is 1745 Shea Center Drive,Sulte 310,Highlands Ranch,Colorado 50126.
5. The name,or position of each person authorized to execute instruments conveying,enenmbering,or otherwise affecting title
to real property on behalf of the entity is Darwin Hens,Manager.
6. (Optional) The authority of the foregoing persons)to bind the entity is X not limited_limited as follows:
7. (Optional) Other marten concerning the manner in which the entity deals with interest in real property:
S. This Statement of Authority is executed oa.behalf of the entity pursuant to the provisions of Section 38.30.172,C.R.S.
• Executed this [ b day of rlL141. .2006.
HF HOLDINGS,LLC
By: FELLOWS VENTUR ,INC.,a Colorado By ` •LT i j ESTMENTS,INC.,
carp° a • rporatioe
By By
Name • Name _ r.i :•.
Title Title i'. :r• �
State of Colorado
)as.
County of M#___ )
C/tt�
The foregoing i t was acknowledged before me this le day of Jllileo,2006.by 4tdr e ,the 26kWageof
Fellows Ventures,Inc.,end .the R' aft f of Delta investments,Inc.
Witness my band and official seal.•
a_.
Notary Public C.
My Commission Expires: - p,. z,,.s Iv*Cemmbsbn ftvc'u ty'of 30. 2009 tGREICHEN 11116
FAVoSNtM1,fVaarayeeNNHWipitr.ser°Uaardty.wed
SWN of Cobgtb
•
3 1111111111 11111111111111111111 vi imm 11111in �—
• 1 of 1 09119/2006 1&20A Weld County, CO
1 of 11 R aoo 0 0,00 Sroue Moreno Cllerk&Recorder
POWER OF ATTORNEY
*-VOR
"HE WATERFRONT AT FOSTER LAKE
A.K.A ANDERSON FARM
• RECEIVED OCT 0 3 2006
1111111 IMO 111111111111111111111(111III111111111I III
9420633 09/19/2006 10:20A Weld County, CO
• 2 of 11 R 66.00 0 0.00 Sieve Moreno Clerk'&Recorder
POWER OF ATTORNEY
The undenloned:
name :MIDWEST HERITAGE INN OF VISAUA, INC.,a North Dakota
corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC.,
a North Dakota corporation
state of Incorporation : North Dakota
corporate seat/registered office : North Dakota
address :c/o Gary Tharaldson,Tharaldson Financial Group
city and postal code :2518 Anthem Village Drive,Suite 104,Henderson, NV 89052
country : USA
(the"Principal",
each represented by Its PRESIDENT,a natural person:
last name :THARALDSON
first name :GARY
address :2518 Anthem Village Drive,Suite 104
city end postal code :Henderson, NV 89052
country :USA
• henbv annb the following cower of aftonev:
1. This power of attorney Is granted to DARWIN HORAN,IN HIS INDIVIDUAL CAPACITY AND AS
MANAGER OF HF HOLDINGS,LLC,a Colorado!linked liability company.(the"Authorized
Person').
2. This power of attorney is granted for the performance In the Principal's name of the following ads:
a. TO NEGOTIATE.EXECUTE AND DELIVER ANY AND ALL DOCUMENTS AND ANY OTHER
AGREEMENTS(i)ARISING OUT OF OR IN CONNECTION WITH THE PROPOSED
ENTITLEMENT AND DEVELOPMENT OF THAT SPECIFIC PARCEL OF REAL ESTATE
LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE;(ii)ARISING OUT OF OR IN CONNECTION WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION 1-25 RIGHT-OF-WAY ACQUISITION
AND/OR WELD COUNTY ROAD 28 PROJECT;AND(Ii)ARISING OUT OF OR IN
CONNECTION WITH THE FOLLOWING WATER RIGHTS: 13.5 SHARES OF THE
HIGHLAND DITCH COMPANY,300 UNITS OF THE COLORADO BIG THOMPSON
PROJECT WATER,THOSE CERTAIN RIGHTS UNDER THE HAYSEED DECREE
AMOUNTING TO 2.5 CFS FROM THE HAYSEED DITCH,AND FIVE(5)DOMESTIC WATER
TAPS OF THE LONGS PEAK WATER DISTRICT.
b. All other ads which may be necessary In that connection.
•
I Il Illl 111 ll ilill lliili l l lit 111111 lllil l ll lit l l l 111 l 111
3420638 09/1914000 10:20A Weld Coo sty, CO
3 of 11 R 56.00 0 0.00 Stove Moreno Clerk a Recorder
• 3. This power of attorney may be revoked only In writing.
4. In performing ads pursuant to this power of attorney,the Authorized Person may ad pursuant to a
power of attorney granted by one or more other persons Involved in the ads referred to in paragraph
2.
5. The liability of the Authorized Person for any damage suffered by the Principal as a result of any
action or lack of action by the Authorized Person when making use of or otherwise in connection
with,this power of attorney shall be limited to the amount or amounts to which the liability insurance
taken out by Principal provides coverage Including the deductible which Principal carries in
connection with such insurance.The preceding sentence shall not apply to the extent that the
damage is caused by the willful and deliberately redden conduct of the Authorized Peraoh.The
Principal shall indemnify the Authorized Person against any claim made by any third party in
connection with this power of attorney or in connection with ads performed by the Authorized
Person in the Prindpars name under thltgower of attorney.The Indemnity shall also relate to any
damage or costs Incurred by the Authorized Person In connection with such claim.
6. The relationship between the Principal and the Authorized Person arising from this power of attorney
shall be governed exclusively by Colorado law.
in evidence whereof:
Thls power of attorney was signed In the manner set out below.
•
By:
Tharaldson
Title: President of Midwest Heritage Inn Of Visalia,Inc.,A North Dakota
Corporation and Midwest Heritage inn Of Deptford.Inc., a North Dakota corporation
Date: Cr 2-2rO o
• suxu rum
1111 111111 IIINI 111111111IIII IIII IIII
3420639 09/19/2000 10:20A Weld Comely, CO
• 4 of 11 R 66.00 0 0.00 Move Moreno Cleri&Recorder
NOTARY PUBLIC CERTIFICATE
On this Sday of June,2008,Gary Tharaldson who Is personally known to me appeared before me
as President of Midwest Heritage Inn Of Visalia,Inc.,a North Dakota Corporation and of Midwest Heritage Inn
Of Depiord,Inc.,a North Dakota corporation CPrincIpell and executed on behalf of Principal the Power of
Attorney In favor of the Authorized Person to which this Certificate is attached. n
Witness my hand and official seal. //
No ry Pu o y,�
My commission expires: iff"�/a cc
LORI IMSOWSKI
Notary• State ofNorth�Dakota
CornrtrMlan btol ee Nov.21,2006
•
• atDR1:eererr12.01
111111111111111111111111111111111111111111111111111111
3420633 09/19/2006 10:20A Weld County, CO
• 5 of 11 R 56.00 D 0.00 Steve Moreno Cleric d Recorder
EXHIBIT A
[See Attached Legal Description)
•
• !LORI 202477/f.e1
I liU UI ITV IIIII II 111tH II I IH IIII IIN NII
ABC 05/0812008 04.04P Wild OAS,CO
•
6 of 18 R 81.00 0 1980.00 Bbes Bone Clot a Recorder
EXHIBIT"A" PARCEL 1
= LEGAL DESCRIPTION
=ant NORTH PARCEL
= tee
a
mow' es
A TRACT OF LAND LOCATED IN SEI/4 OF SECTION 27,T3N,R68W OF THE
ISM3 6TH P.M,COUNTY OF WELD,STATE OF COLORADO,DESCRIBED AS
mas
FOLLOWS:
$ COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27,FROM
o WHICH THE 51/4 CORNER OF SAID SECTION 34 BEARS N89°0724"E,THENCE
�T 8 N89°0724"E,30.00 FEET ALONG THE SOUTH LINE OF SW 1/4 OF SAID SECTION
27 TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE SWIM OF SAID
=Sig SECTION 27;THENCE N00°2I $'W,30.00 FEET ALONG THE EAST LINE OF
cc
EIS THE WEST 30.00 FEET OF THE SW1/4 OF SAID SECTION 27 TO THE NORTH
LINE OF THE SOUTH 30.00 FEET OF THE SW I/4 OF SAID SECTION 27 AND THE
TRUE POINT OF BEGINNING•
m
THENCE N00°22'18"W,2624.06 FEET ALONG THE EAST LINE OF THE WEST
. 30.00 FEET OF THE SW1/4 OF SAID SECTION 27 TO THE EAST-WEST
CENTERLINE OF SAID SECTION 27;
• THENCE N89°04'54"E,1354.33 FEET ALONG THE EAST-WEST CENTERLINE OF
SAID SECTION 27 TO THE WESTERLY LINE OF THAT TRACT OP LAND AS
DESCRIBED IN BOOK 163 AT PAGE 485 OF THE RECORDS OF WELD COUNTY,
COLORADO;
THE FOLLOWING EIGHT(8)COURSES AND DISTANCES ARE ALONG THE
WESTERLY AND SOUTHERLY LINES OF THAT TRACT OF LAND AS
DESCRIBED IN SAID BOOK 163 AT PAGE 485:
THENCE 306°51'07"W,267.00 FEET;
THENCE S30°38'53"E,445.00 FEET;
• THENCE 542°21'07"W,219.00 FEET;
THENCE 523°06'07'W,660.00 FEET;
THENCE S24°53'53"E,700.00 FEET;
THENCE N88°51'07"E,454.00 FEET;
THENCE S60°53'53"E,385.00 FEET;
• •
Hu�
• 3. 0510312008 04 1St00004r,00
8 el 1i R MAO D 10ieAi Qbm Memo Mott a Ramat
$w THENCE N86°21"07"H, 178.52 FEET TO THE SOUTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE
M RECORDS OF WELD COUNTY,COLORADO;
OS ITHENCE S75°00'0013,155.12 FEET ALONG THE SOUTHERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED AT SAID BOOK 114 IN PAGE 35
s TO THE BAST LINE OFTHB SWI/4 OF SAID SECTION 27;
THENCE S00°24'02"W,89.30 FEET ALONG THE EAST LINE OF THE SW114 OF
G SAID SECTION 27 TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO.2009954 OF THE RECORDS OF WELD
COUNTY,COLORADO;
mai
ic THE FOLLOWING THREE(3)COURSES AND DISTANCES ARE ALONG THE
SOUTHERLY LINE OP THAT TRACT OF LAND AS DESCRIBED AT SAID
R RECEPTION NO.2009954:
THENCE 3838'1714 582.91 FEET;
THENCE N65°31'22"E,315.60 FEET;
THENCE N52°04'24"B,339.15 FEET;
THENCE N50°39'42"8,213.85 FEET;
• THENCE N21°19'16"8,257.83 FEET;
THENCE NOO°31'I2"W,298.26 FEET;
THENCE N14°217A"W,244.37 FEET;
THENCEN12•34'51"W,588.61 FEET;
THENCE N43°1527"8, 134.45 FEET;
THENCE NSI'34'0r13,33264 FEET;
THENCE 1441°59'0M 419.65 FEET TO THE EAST-WEST CENTERLINE OF
SAID SECTION 27;
THENCE N89°04'54"B,572.71 FEET ALONG THE BAST-WEST CENTERLINE OF
SAID SECTION 27 TO THE NORTHWESTCORNER OF PARCEL NO.6 AS
DESCRIBED IN BOOK 1500 PAGE 265 OF THE RECORDS OF WELD COUNTY,
COLORADO;
•
•
• ICI II�IIIIdlI Ill Ill
7 8,2P WeldCouea,C0
• 7 of 1e R 8t.00 D 1880.00 8teru Menu Clerk A ReeoN, •
THENCE 300°06'35"W,2627.80 FEET ALONG THE WESTERLY LINE OF SAID
PARCEL,NO.6 TO THE NORTH LINE OP MI SOUTH 30.00 FEET OF THB SE1/4
OF SAID SECTION 27; •
THENCE S89°0T12"W,2407.40 FEET ALONG THE NORTH LINE OF THE SOUTH
30.00 FEET OF THE SEI/4 OF SAID SECTION 27;
THENCE 589°07124'W,2535.82 FEET ALONG THE NORTH LINE OF THE SOUTH
30.00 FEET OF THE SW1/4 OP SAID SECTION 27 TO THE EAST LINE OF THE
WEST 30.00 FEET OF THE SW1/4 OP SAID SECTION 27 AND THE TBI1S E41Z1T
OF.nEiUMIo. •
•
1111111111 IIN1111011111111111111111118 1020.41 Weld 111111111 TIN
CO
88 of 11 RR 811.003420833 �D 0.00 Sarre Morsao clerk Q Reerrder
•
•
•
I II , ;I ' 1111111111
• S of 10 01.00..00 o OoNA rive C,°0 ! c? a nom„
=raw"A" PARCEL 2
LEGAL DESCRIPTION
SOUTH PARCEL
= A TRACT OF LAND LOCATED IN SECTION 34,T3N,BMW AND TN THE NEI/4
,s OF SECTION 3,TIN,R68W OF THE 6TH P.M.,COUNTY OF WBLD,STATE OF
$ COLORADO,DESCRIBED AS FOLLOWS:
2
COMMENCING AT THE NORTHWEST CORNER OP SAID SECTION 34,FROM
WHICH THE NI/4 CORNER OF SAID SECTION 34 BEARS N89°077.4"E,THENCE
N89°0T?4"B,30.00 FEET ALONG THE NORTH LINE OF NW1/4 OF SAID
MB SECTION 34 TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE NW1/4
m OP SAID SECTION 34;THENCE 800°24'45°$30.00 FEET ALONG THE EAST •
=o g LINE OF THE WEST 30.00 FEET&THE NWI/4 OP SAID SECTION 34 TO THE
_—a SOUTH LINE OP THE NORTH'30.00 FEET OF TEE NWI/4 OF SAID SECTION 34 -
M ° -AND THE TRUE POINT OFBHONNIN&
$ THENCE N89°07748,2536.3320 TAIANGTHE SOUTH LINE OF TIM NORTH
rol
30.00 FEET OF THE NW1/4 OPiSAID SECTION 34 TOME EAST LINE OF THE
NI/2 OF THE N9/1/4 OF SAID SECTION 34; -
B THENCE S00,3511211„270.95 FEET ALONG THE EAST LINE OF THE N1/2 OF
S.
THE NW1/4 l/4 OF SAID SECTION 34;
THENCE S8T53'09"E,751.66 PEET;
THENCE NO:006'45"E,310.63 FEET TO THE SOUTH LINE OFTHB NORTH 30.00
• FEET OF THE NEI/4 OF SAID SECTION 34;
•
THENCE N89tO7'3713,1191.57UFBST ALONG THE SOUTH LINE OF THE NORTH
30.00 FBBT OF TIM NE1/4 OF SAID SECTION34;
THENCE 881°STISB,455.64 ALONG A SOUTHERLY LINE OF PARCEL 8,
. REV.2 AS DESCRT D;NB 1500 AT PAGE265 OP THE RECORDS OF
WELD COUNTY,CO TO AN ANGLE POINT DI SAIDPARCEL 8,REV.2;-
THENCE SO1°00'13'B,4680.33 PEETALON!THE WESTERLY LINE OF SAID
PARCELS,REV.2 AND ALONGTHE.WESTERLY U E OF PARCEL 8A AS
DESCRIBED IN BOOK 1499 A PAGE 59¢OF THE RECOPDS'OF WELD
COUNTY,COLORADO TO APOTNT OF CURVE TO THE RIGHT;
•
THENCE SOUTHERLY,2912UPBHT ALONG THE ARC OF SAID CURVE AND
ALONG THB WESTERLY OF SAID PARCEL NO.SA TO THE NORTHEAST
CORNER OF THAT TRACT LAND AS DESCRIBED AT RECEPTION NO.
2695322 OF THE RECORDS WELD COUNTY;COLORADO SAID ARC
i 1IInii lu lHI N0l ulu mmi 111 lli lu iii 11111111 111111„11111111!11111111111 1111110 111111111111
8884817 *11411 04.00 Wel91,, Murel&oft 10CI 10 01 11 R 68.00 0 0.00 Steve Moreno perk#Rennin
• 9 of 18 R 11.00 D 1980.00 Um M0ro0o Clot a ReeoN►.
HAVING A RADIUS OF 22,785.00 FEET,A CENTRAL ANGLE OF 0°43'56"AND
BEING SUBTENDED BY A CHORD THAT BEARS 500°3742"E,291.19 FEET;
THENCE S89°03'18"W,68.90 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2695322 TO AN
ANGLE POINT IN THE NORTHERLY LINE THEREOF;
THENCE N65°01'41"W,69.29 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322 TO TUB
NORTHWEST CORNER THEREOF;
THENCE S00°04'10"W,339.78 FEET ALONG THE WESTERLY LUNG OF THAT
TRACT OP LAND AS DESCRIBED AT SAID RECEPTION NO.2695322 TO THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION
NO.2265474 OF THE RECORDS OF WELD COUNTY,,COLORADO;
THENCE 589°4750"W,567.78 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2265474;
THENCE S50°06'5091/,440.00 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2265474;
THENCE S73°04'17"W,1383.42 FEET ALONG TEE NORTHERLY LINE OF THAT
• TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2265474 TO THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 1499
AT PAGE 596 OF THE RECORDS OF WELD COUNTY,COLORADO;
THENCE S23°14'50"W,55.42 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 1499 AT PAGE 596 TO THE
WEST LINE OF THE NE1/4 OF SAID SECTION 3;
THENCE NOO°3S'43"E,730.32 FEET ALONG THE WEST LINE OF THE NE1/4 OF
SAID SECTION 3 TO THE S1/4 CORNER OF SAID SECTION 34;
THENCE N89°54'49"W 520.67 FEET ALONG THE SOUTH LINE OF THE SW 1/4 OF
SAID SECTION 34 TO THE SOUTHEAST CORNER OP THAT TRACT OF LAND
AS DESCRIBED AT RECEPTION NO. 1501922 OF THE RECORDS OF WELD
COUNTY,COLORADO;
THENCE N2r18'39"W,737.00 FEET ALONG THE EASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922;
THENCE NOL°04'19"W,2033.12 FEET ALONG THE EAST LINE OF THAT TRACT
OP LAND AS DESCRIBED AT RECEPTION NO. 1501922 TO MB NORTHEAST
CORNER THEREOF;
•
•
I IIIUIII III Il11 mlil lh II11 11
8364N7 WOWS oar Wald cos i°
• 10 of 18 R IRA D 1060.00 6Mw MINN Clark a Ram*
THENCE N89°07'19"E,817.31 FEET ALONG THE SOUTH LINE OF THE S1/2 OF
THE NW1/4 OF SAID SECTION 34 TO THE C1/4 CORNER OF SAID SECTION 34;
THENCE N00'34'49"W, 1335..47 FEET ALONG THE EAST LINE OF THE S1/2 OF
THE NW1/4 OF SAID SECTION 34 TO THE N1/16 CORNER OF SAID SECTION 34;
THENCE S89'26'25"W,2540.04 FEET ALONG THE NORTH LINE OF THE S1/2 OF
THE NW1/4 OF SAID SECTION 34 TO THE BAST LINE OF THE WEST 30.00 FEET
OF THE NV/1/4 OF SAID SECTION 34;
THENCE N00"24'45"W, 1281.54 FEET ALONG THE EAST LINE OF THE WEST
30.00 FEET OF THE NW1/4 OF SAID SECTION 34 TO THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NW1/4 OP SAID SECTION 34 AND THE TRUE POINT
OF BEGINNING.
IIIII IIIII IIIII 1111111111 IIIII 1101111 111111111 III
3120688 OW19/2008 102011 Weld Cooly,CO
11 of 11 R 68.00 D 0.00 $bve Moreno Clark a Recorder
•
•
Treasurer's Tax Search Result Page Page 1 of 1
Wei-corm to ,{{ }
(.. noun L�fl '°Coraal-to
• (" 74
Home Services Departments About Weld Property Information Conta.
Home > Departments > Treasurer's Office > Tax Search > Tax Search Results
Tax Search Details
Information for tax year: 2006 payable in 2007
Property Information
Owner Name: Midwest Heritage Inn Of Visalia Ince
Address:
City: Weld County, CO
Account R0155791
Number:
Parcel Number: 131303000048
25060 ne4 3 2 68 exc 120.198ac. in bk 1499 pg 598 also exc 15.586ac.
Legal Address:
hwy & exc 2.88ac to state (3s)
Value Information
Actual Land Value $322.00 Assessed Land Value $90.00
• Actual Improved Value $1,000.00 Assessed Improved Value $290.00
Actual Total Value $1,322.00 Assessed Total Value $380.00
Payment Information
Total Tax Amount: $25.58
First Half Amount: $0.00
Second Half Amount: $0.00
SR. Exemption: $0.00
Full Amount Paid: ($25.58)
Current Balance: $0.00
IF any of the following fields are "YES" please contact the Treasurer's Office for more information.
Tax Status
Tax Liens: No Tax Area 2325
Prior Taxes Due: No Senior Homestead Exemption: No
Special Improvement Tax: No Mill Levy 67.291
Personal Property Penalty: No Property Transfer Declaration No
Database Last Updated at: 03:06 AM on July 10, 2007
•
http://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfin 7/10/2007
Property Tax Information Fage t or Z
lVCICOMC to
Couut ', Colorado
Home Services Departments i About Weld Property Information Conta.
Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail
Tax Search Details
Information for tax year: 2006 payable in 2007
Property Information
Owner Name: Midwest Heritage Inn Of Visalia Inc &
Address: 3203 28 CR
City: Weld
Account R4390506
Number:
Parcel 120727300015
Number:
pt se4 27-3-68 commencing sw cor of sec 27 n89d07e 30' n00d22w 30' to beg
n00d22w 2624.06' n89d04e 1354.33' s06d51w 267' s30d38e 445' s42d21w
219' s23d06w 660' s24d53e 700' n88d51e 454' s60d53e 385' n86d21e
Legal 178.52' s75d00e 155.12' s00d24w 89.3' s85d38e 582.91' n65d3le 315.6'
Address: n52d04e 339.15' n50d39e 213.85' n21d19e 257.83' n00d3lw 298.26'
• n14d21w 244.37' n12d34w 588.61' n43d15e 134.45' n51d34e 332.64'
n41d59e 419' n89d04e 572.71' s00d06w 2627.8' s89d07w 2407.4' s89d07w
2535.82' to pob situs: 3203 28 cr weld 000000000
Value Information
Actual Land Value $68,453.00 Assessed Land Value $19,850.00
Actual Improved Value $173,982.00 Assessed Improved Value $50,450.00
Actual Total Value $242,435.00 Assessed Total Value $70,300.00
Payment Information
Total Tax Amount: $4,730.56
First Half Amount: $0.00
Second Half Amount: $0.00
SR. Exemption: $0.00
Full Amount Paid: ($4,730.56)
Current Balance: $0.00 —
IF any of the following fields are "YES" please contact the Treasurer's Office for more information.
Tax Status
Tax Liens: No Tax Area 2325
• Prior Taxes Due: No Senior Homestead Exemption: No
Special Improvement Tax: No Mill Levy 67.291
http://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOUNTNO=R4390... 7/10/2007
rroperty i ax inrormanon as, us
Personal Property Penalty: No Property Transfer Declaration No
• Database Last Updated at: 03:06 AM on July 10, 2007
•
•
http://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOUNTNO=R4390... 7/10/2007
Property Tax Information Page 1 of 2
• `. , c'' ,' t:d ' 'ouuut ', �'otorat o
?+ " v
r e Hama Services I Departments About Weld Property Information Canta.
(� Ifti•�
Home > Departments > Treasurer's Office > Tax Search > Tax Search Results > Tax Detail
Tax Search Details
Information for tax year: 2006 payable in 2007
Property Information
Owner Name: Midwest Heritage Inn Of Visalia Inc &
Address: 3042 28 CR
City: Weld
Account R4390806
Number:
Parcel 120734100033
Number:
pt sec 34 34-3-68 commencing nw cor of sec 34 n89d07e 30' s00d24e 30' to
tpob n89d07e 2536.33' s00d35e 270.95' s87d53e 751.66' n02d06e 310.63'
n89d07e 1191.57' s81d013e 455.64' sOld00e 4680.33' curve to r (r=22785')
chord=s00d37e 291.19' s89d03w 68.90' n65d01w 69.29' s00d04w 339.78'
Legal
s89d47w 567.78' s50d06w 440' s73d04w 1383.42' s23d14w 55.42' n00d35e
• Address: 730.32' n89d54w 520.67' n28d18w 737' nOld04w 2033.12' n89d07e 817.31'
n00d34w 1333.47' s89d26w 2540.04' n00d24w 1281.54' to pob exc beg
s50d06w 440' s73d04w 1383.42' s23d14w 55.42' n00d35e 730.32 n89d48e
1675.39 mil to pob situs: 3042 28 cr weld 000000000
Value Information
Actual Land Value $148,223.00 Assessed Land Value $42,980.00
Actual Improved Value $538,200.00 Assessed Improved Value $43,280.00
Actual Total Value $686,423.00 Assessed Total Value $86,260.00
Payment Information
Total Tax Amount: $5,804.52
First Half Amount: $0.00
Second Half Amount: $0.00
SR. Exemption: $0.00
Full Amount Paid: ($5,804.52)
Current Balance: $0.00
IF any of the following fields are "YES" please contact the Treasurer's Office for more information.
Tax Status
• Tax Liens: No Tax Area 2325
Prior Taxes Due: No Senior Homestead Exemption: No
Special Improvement Tax: No Mill Levy 67.291
http://www.co.weld.co.us/departments/treasurer/tax/tax_info.cfm?ACCOUNTNO=R4390... 7/10/2007
Property Tax Information Page 2 of 2
Personal Property Penalty: No Property Transfer Declaration No
• Database Last Updated at: 03:06 AM on July 10, 2007
•
•
http://www.co.weld.co.us/departments/treasurer/tax/tax info.cfm?ACCOUNTNO=R4390... 7/10/2007
0 TETRA TECH, INC.
May 16, 2007
Mr. Jeff Kahn
515 Kimbark Street
P.O. Box 978
Longmont, CO 80502-0978
RE: Agreement Between Highland Ditch Company and Midwest Heritage Inn of Visalia, Inc.,
and Midwest Heritage Inn of Deptford, Inc.
Dear Mr. Kahn:
We are in receipt of your letter dated May 4, 2007 regarding the proposed Waterfront at Foster
Lake P.U.D. Thank you for the guidance that you provided in your letter regarding the issues we
discussed with you on April 18, 2007 at the Ditch Company offices. We are currently reviewing
the list of items outlined in your letter and as we move forward we will include you and your
Company's engineer in our planning and engineering processes, including discussions with the
State Engineer.
0 We appreciate the time and efforts provided by the Highland Ditch Company and look forward
to continuing our discussions. Please contact us at 303-772-5282 with any questions regarding
this letter or the Waterfront at Foster Lake project.
Regards,
TETRA TECH, INC.
C / , r .-
ex.:( &a._,,...,r- 4,
Julie Cozad Cathy Leslie
Planning Department Manager Civil Engineering and Land Planning Manager
•
Tel Fax
Daniel F. Bernard Bernard Lyons Gaddis & Kahn Adele L Reester
Richard N. Lyons, II Eve I.Canfield
• Jeffrey).Kahn A Professional Corporation Attorneys and Counselors Christopher C. Caddis
John W.Gaddis Mark D. Detsky
Bradley A.Hall Scott E. Ho[wick
Steven P.Jeffers Matthew Machado
Anton V. Dworak Catherine A.Tallerico,
Special Counsel
May 4,2OO7
Cathy Leslie VIA E-MAIL:cathy.leslleettrmc.com
Julie Cozad VIA-E-MAIL: Ju►Ie.cozadettrmc.com
Tetra Tech RMC, Inc. ORIGINAL VIA REGULAR MAIL
19OO South Sunset Street,Suite 1-F
Longmont,CO 8O5O1
Re: Agreement Between Highland Ditch Company and Midwest Heritage Inn of Visalia, Inc.
and Midwest Heritage Inn of Deptford, Inc.
Dear Cathy and Julie:
Pursuant to our discussions regarding the proposed Waterfront at Foster Lake P.U.D.,the purpose of
this letter is to put forth the concerns of the Highland Ditch Company("Company")that must be
addressed as part of the Agreement to be entered Into between the Company and the above-
referenced landowners(together, "Midwest"). The Company is willing to consider the spillway
relocation of the Highland Reservoir No.3,a/k/a Foster Lake("Reservoir"),as requested by
Midwest,subject to the following Initial assurances and conditions. The Company's understanding is
that Midwest does not seek to relocate the outlet works of the Reservoir at this time.
• The proposed relocations could affect the hazard classification of the Reservoir. As a result,all
construction plans, modeling and specifications must be approved in writing by the Company's
engineer, including but not limited to the following:
a. The Company's engineer, Duane Smith, P.E.,should attend a meeting with
representatives of Midwest, Including Tetra Tech RMC, Inc., and the Office of Dam
Safety within the Office of the State Engineer("SEO")to determine the feasibility of
SEO approval of any changes to the dam of the Reservoir as well as any concern with
the location of the proposed development directly below the dam and whether the
same would affect the dam's hazard classification.
b. If any aspect of Midwest's Reservoir plans or the Waterfront Lake project causes the
SEO to reconsider the hazard classification or suitability of the dam or any of its
appurtenant infrastructure or facilities, Midwest must assume the responsibility for
the design and cost of any necessary actions to bring the dam into compliance with
State requirements. In this process,the Company's engineer must pre-approve in
writing any plans or specifications provided to the SEO for approval.
c. A screen must be placed on the outlet of the Reservoir.
d. Midwest must install an automated measuring device at the outlet works of the
Reservoir.
• 515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 - www.blglaw.com
Bernard Lyons Gaddis & Kahn
• A Professional Corporation Attorneys and Counselors
Cathy Leslie and Julie Cozad
May 4,2007
Page 2
e. Midwest must install automated measuring devices that measure the releases to the
outlet ditch from the toe drains along the Reservoir.
After participating in the meeting with the SEO,the Company may have additional requests or
conditions. The Company specifically reserves the right to not approve the project if the proposed
Reservoir improvements will cause an adverse review or change in hazard classification from the
SEO,or otherwise increase the risk or liability to the Company.
The Company looks forward to working with Midwest to resolve these issues. Please contact us if
you would like to discuss any of the above. Otherwise,please contact Duane Smith, P.E.,at Smith
Geotechnical(Tel:970-490-2620)to set up a meeting with the SEO. Please contact us with any
other questions. Thanks for your attention to this matter.
Sincerely,
BERNARD YONS GADD &KAHN, PC
By
Jeffrey . Kahn
Jkahn Iglaw.co
•
Mark . Detsky
mde btglaw.com
MDD
cc: Highland Ditch Company Board of Directors
Jill Baty,Secretary
Duane Smith, P.E.
•
F:ICLIENT5IH\HIGHLIMID120070427 MDD-TETRATECH.DOC 05/04107 3:53 AM
TETRA TECH, INC.
0
May 16, 2007
Mr. Jeff Kahn
515 Kimbark Street
P.O. Box 978
Longmont, CO 80502-0978
RE: Agreement Between No. 3 Outlet Ditch Company and Midwest Heritage Inn of Visalia,
Inc., and Midwest Heritage Inn of Deptford, Inc.
Dear Mr. Kahn:
We are in receipt of your letter dated May 4, 2007 regarding the proposed Waterfront at Foster
Lake P.U.D. Thank you for the guidance that you provided in your letter regarding the issues we
discussed with you on April 18, 2007 at the Ditch Company offices. We are currently reviewing
the list of items outlined in your letter and as we move forward we will include you and your
Company's engineer in our planning and engineering processes that may affect the No. 3 Outlet
Ditch.
• We appreciate the time and efforts provided by the No. 3 Outlet Ditch Company and look
forward to continuing our discussions. Please contact us at 303-772-5282 with any questions
regarding this letter or the Waterfront at Foster Lake project.
Regards,
TETRA TECH, INC.
Julie Cozad _/ Cathy Leslie
Planning Department Manager Civil Engineering and Land Planning Manager
•
Td Fax
Daniel F.Bernard Bernard Lyons Gaddis & Kahn Adele L Reester
Richard N.Lyons,II Cr
��. Eve I.Canfield
• Jeffrey J.Kahn A Professional Corporation L Attorneys and Counselors Christopher C.Caddis
John W.Gaddis Mark D.Detsky
Bradley A.Hall Scott E.Hoiwick
Steven P.Jeffers Matthew Machado
Anton V. Dworak Catherine A.Taller-1m,
Special Counsel
May 4,2007
Cathy Leslie VIA E-MAIL:cathyleslie@ttrmc.com
Julie Cozad VIA E-MAIL: Julle.cozad@ttrmc.com
Tetra Tech RMC, Inc. ORIGINAL VIA REGULAR MAIL
1900 South Sunset Street,Suite 1-F
Longmont, CO 80501
Re: Agreement Between No.3 Outlet Ditch Company and Midwest Heritage Inn of Visalia, Inc.,
and Midwest Heritage Inn of Deptford, Inc.
Dear Cathy and Julie:
Pursuant to our discussions regarding the proposed Waterfront at Foster Lake P.U.D.,the purpose of
this letter is to put forth the concerns of the No.3 Outlet Ditch Company("Ditch Company")that
must be addressed as part of the Relocation and License Agreements to be entered into between
the Ditch Company and the above-mentioned landowners(together, "Midwest"). The Ditch Company
is willing to consider a relocation of the No.3 Outlet Ditch("Ditch")as requested by Midwest,subject
• to the following initial assurances and conditions.
With regard to the proposed pipeline,all construction plans, modeling and specifications must be
approved in writing by the Ditch Company's engineer, including but not limited to the following:
a. The amount of water to be carried by a pipe must be modeled with varied flow level
capacities and include the ability to check the water in the pipe in order for headgate
nos.301 and 302 to divert water.
b. The engineering plans must account for the'toe drain' of the Highland Reservoir No.
3(a/k/a Foster Lake)("the Reservoir")and insure that such water drains to the St.
Vrain River and not the Ditch.
c. The engineering plans must account for the inlet pipe from the Sanborn Reservoir
and assure a smooth flow transition and connection with the relocated Ditch. The
Ditch Company understands that this may be part of the Agreement with the Sanborn
Reservoir Company as well.
d. Manholes must be placed at any bend in the pipe and not less than 600 foot
Increments apart.
e. The Metro District associated with this project must assume responsibility for
ongoing annual cleaning and repair/replacement of the pipe as necessary.
f. A screen must be placed on the intake to the Ditch from the Reservoir.
• 515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com
Bernard Lyons Gaddis S. Kahn
• A Professional Corporation (' Attorneys and Counselors
Cathy Leslie and Julie Cozad
May 4, 2007
Page 2
g. Midwest must install automated measuring and control devices at headgate nos.
301 and 302,which serves the school district property. The Ditch Company also
believes that the outlet structure from the Reservoir should have an automated
measuring device. The Ditch Company understands that this provision and that of
section(f),above, may also be part of an agreement with the Highland Ditch
Company.
h. Midwest must provide a deeded easement for at least 25 feet to either side of the
center line of the relocated Ditch that allows the Ditch Company to access the
relocated Ditch throughout the project.
i. Midwest must complete the transfer of the shares it acquired from the former owner
of the property and Midwest must agree to continue to be responsible for Ditch
Company assessments levied against those shares. This condition should be made
to run with the land owned by Midwest.
Pursuant to the reimbursement agreement in this matter,the Ditch Company's retained engineer,
Duane Smith, P.E.,shall approve all aspects of the project that could affect the No.3 Outlet Ditch or
its associated easement and shall inspect the same during construction for the Ditch Company's
• sole benefit. At this stage,the Ditch Company understands that Midwest will seek to a) relocate and
pipe the Ditch;b)construct multiple crossings within the Ditch Company's easement;and c)seek to
have recreational rights within the Ditch Company's easement. The Ditch Company therefore
envisions separate agreements concerning the relocation and the piping and any crossings sought
by Midwest. Each agreement will include identification of the legal description of the affected
portion of the Ditch and a recordable copy of the construction plan and specification sheets.
The Ditch Company board of directors believes that the contemplated underground relocation plans
pose an additional risk to the Ditch Company. In order to compensate the Ditch Company for this
additional risk and the right to alter the Ditch,as well as the value of altering the Ditch Company's
historic easement and use of the same,the Ditch Company board of directors has set the fee
associated with these agreements at$50,000.00. There is a prospective cost to the Ditch Company
should the Ditch Company be forced to undertake significant repair and replacement of the pipe if
the Metro District does not perform its ongoing obligations in this matter. Repair or replacement will
be much more difficult than the repair of an earthen surface ditch.
The Ditch Company looks forward to working with Midwest to resolve these issues. Please respond
to me as to whether these initial requests are acceptable to Midwest,and whether Midwest is
requesting recreation and crossing rights,with a description of the nature and extent of the same.
We will then be able to work with the Ditch Company board of directors to create draft agreements
for your review. Please contact us with any other questions. Thanks for your attention to this matter.
•
F:ICLIENT81N\NO0DCWID120010427 MDD-TETRATECH.DOC 05/04/07 8:51 AM
Bernard Lyons Gaddis & Kahn
• A Professional Corporation (' Attorneys and Counselors
Cathy Leslie and Julie Cozad
May 4,2007
Page 3
Sincerely,
BERNARD LYONS GADDIS& KAHN, PC
By
Jeffrey"""J Kahn
Jkahn@glaw.com
Mark Detsky
mdets biglaw.com
MDD
cc: No.3 Outlet Ditch Company Board of Directors
Jill Baty,Secretary
Duane Smith, P.E.
•
•
F:\CLIENT3\N\NO3DC\MID\20070027 MOO-TETRATECH.DOC 05/00/07 B:51 AM
l 1 TETRA TECH 1900 S.Sunset Street Suite l-F Longmont,CO80501
• l ■V, Tel:303.772.5262 Fax:303.772.7039
MEMORANDUM
To: Kim Ogle,Plann r, Weld County
From: Julie Coz ftez
Subject: Kerr M Ge • emorandum of Surface Agreement-Waterfront at Foster Lake
Date: July 6, 2007
The Memorandum of Surface Agreement between Ken-McGee Oil & Gas Onshore, LP, a
Delaware limited partnership and Waterfront at Foster Lake, LLC was executed on June 13,
2007 and will be recorded immediately.
A copy is included with the submittal of the Change of Zone for Waterfront at Foster Lake.
Negotiations with Ken McGee are now complete and agreed to by the affected parties.
Bruce Barker, Weld County Attorney, received the Agreement on June 14, 2007 for his review.
This memorandum will be followed by the final Surface Use Agreement, when executed.
• Thank you.
•
1
•
MEMORANDUM OF SURFACE AGREEMENT
This Memorandum shall provide notice to all parties that Kerr-McGee Oil&Gas Onshore,
LP, a Delaware limited partnership, and Waterfront at Foster Lake, LLC, have entered into an
agreement dated/,q,fp*"9- (the"Agreement")covering the lands described on Exhibit
A to this Memorandum. Among other matters,the Agreement provides certain accommodations to
be made by both parties, subject to which, Kerr-McGee is authorized to commence drilling
operations on the following wells at the following locations in Township 3 North,Range 68 West,
Sections 27&34:
KMG 16-34 SE/4SE/4 of Section 34
KMG 23-27 Center of the SE/4 of Section 27
• KMG 24-27 Center of the SE/4 of Section 27
KMG 33-27 Center of the SW/4 of Section 27
KMG 35-27 Center of the SW/4 Section Line of Section 27
KMG 37-27 SE/4SE/4 of Section 27
KMG 33-26 SE/4SE/4 of Section 27
KMG 21-34 Center of the NE/4 of Section 34
KMG 23-34 SE/4SW/4 of Section 34
KMG 24-34 Center of the NE/4 of Section 34
KMG 30-34 Center of the SW/4 Section Line of Section 27
KMG 37-34 SE/4SE/4 of Section 34
KMG 39-34 SE/4SE/4 of Section 34
•
KMG 41-34 SE/4SE/4 of Section 27
•
KMG 10-27 Center of the SE/4 of Section 27
KMG 11-27 Center of the SW/4 of Section 27
KMG 1-3 SE/4SE/4 of Section 34
KMG 2-3 SE/4SE/4 of Section 34
KMG 9-27 Center of the SE/4 of Section 27
KMG 12-27 Center of the SW/4 of Section 27
KMG 13-27 Center of the SW/4 of Section 27
KMG 14-27 Center of the SW/4 of Section 27
KMG 1-34 SE/4SE/4 of Section 27
KMG 2-34 Center of the NE/4 of Section 34
KMG 7-34 Center of the NE/4 of Section 34
• KMG 8-34 Center of the NE/4 of Section 34
KMG 9-34 SE/4SE/4 of Section 34
KMG 11-34 SE/4SW/4 of Section 34
KMG 15-34 SE/4SW/4 of Section 34
ST.VRAIN 4-34 Center of the NW/4 of Section 34
The term of the Agreement shall be for the duration of the oil and gas lease presently
covering the subject lands. Further information regarding the terms of the Agreement may be
obtained by contacting Kerr-McGee at 1999 Broadway,Suite 3700,Denver,CO 80202, attention
Denver Basin Land Manager.
Executed this day of ,2007.
•
•
KE GEE &GAS ONSHORE,LP• I. ORENZO
Ti .. t ne in Fact
Date:
WATERFRONT AT FOSTER LAKE,LLC
Midwes -en<g• Inn of Visalia,Inc.
a No Dak. :.c. "ration
By:
Darwin , ger of HF Holdings,Inc.
a Colorado limited liability company
Attorney-in-Fact for Gary Tharaldson,President
of Midwest Heritage Inn of Visalia,Inc.
• a North Dakota corporation
and
Midwest 'cage Inn of Deptford,Inc.,
a N corporation
By:
Darwin ,man r of HF Holdings, Inc
a Colorado limited liability company
Attorney-in-Fact for Gary Tharaldson,President
Midwest Heritage Inn of Deptford,Inc.
a North Dakota corporation
Date: (.//09--
•
• ACKNOWLEDGMENTS
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this itslay ofc7lta• 2007,
by Joseph H. Lorenzo as Attorney in Fact of Kerr-McGee Oil & Gas Onshore LP, a Delaware
limited partnership.
WITNESS my hand and official seal.
My conunissio „i4M1 4`,
: O '
r 5 Not Pt li
l:
rt" Se.1B1.G• �
latiCceniskeSiinettl92011
STATE OF 264o )
) ss.
ip COUNTY OF ,Q,1,,te� )
The foregoing instrument was acknowledged before me this /3—day of "kat_ 2007,
by Darwin Horan as Manager of}IF Holdings, Inc,a Colorado limited liability company
WITNESS my hand and official seal.
My commission expires: a/
ah
MY Commission Expires Notary Public (
Nowcrn er 30, 2009
r+�
GRETOENNILE
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Sr sacra eo
•
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TETRA., INC
WATERFRONT AT FOSTER LAKE (�}
OIL?GAS AND FACILITIES MAP ('AT[ 6/'4/C7
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