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Home My WebLink About20080918.tiff ‘tOtIFIRI LAND USE APPLICATION SUMMARY SHEET ' PLANNED UNIT DEVELOPMENT FINAL PLAT WI`Pc. COLORADO CASE NUMBER: PF-1097 APPLICANT: Breakneck Weld Properties, LLC ADDRESS: do Tom Radigan, P.O. Box 894, Wheatridge, CO 80034-0894 REQUEST: PUD Final Plat for 9 residential lots with Estate Zone District uses, Keller Estates PUD LEGAL: N2NW4 of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 1; south of and adjacent to County Road 38 Section Line ACRES: 80 +/- PARCEL NUMBER: 1207 06 00004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Code Compliance, referral received 2-9-2007 • City of Longmont, referral received 2-14-2007 • Little Thompson Water District, referral received 2-14-2007 • Weld County Department of Building Inspection, referrals received 2-15-2007 • St. Vrain Sanitation, referral received 2-16-2007 • Colorado Division of Water Resources, referral received 2-20-2007 • Boulder Valley/ Longmont Soil Conservation District, referral received 2-21-2007 • Berthoud Fire Protection District, referral received 2-21-2007 • Colorado Division of Wildlife, referral received 2-22-2007 • Weld County Sheriff's Office, referral received 2-25-2007 • Weld County Department of Public Works, referral received 2-28-2007 • Weld County School District RE-1J, referral received 3-5-2007 • New Ish Ditch Company, referral received 3-7-2007 • Weld County Department of Public Health & Environment, referral received 3-7-2007 • Town of Mead, referral received 3-7-2007 • Town of Berthoud, referral received 3-13-2007 The Department of Planning Services' staff has not received responses from the following agencies: • Boulder County PF-1097, Keller Estates PUD, Page 1 2008-0918 Pt. /s)"7.3 P R E L I M I N A R Y Jr(.` LAND USE APPLICATION SUMMARY SHEET WIDc. PLANNED UNIT DEVELOPMENT FINAL PLAT COLORADO PLANNER: Kim Ogle CASE NUMBER: PF-1097 APPLICANT: Breakneck Weld Properties, LLC ADDRESS: cio Tom Radigan, P.O. Box 894, Wheatridge, CO 80034-0894 REQUEST: PUD Final Plat for 9 residential lots with Estate Zone District uses, Keller Estates PUD LEGAL: N2NW4 of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 1; south of and adjacent to County Road 38 Section Line ACRES: 80 +/- PARCEL NUMBER: 1207 06 00004 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code and any intergovernmental agreement in effect influencing the PUD. 1. Section 22-3-50.8.1: P.Goal 2 -- Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Little Thompson Water District and Individual Sewage Disposal Systems that will handle the effluent flow. 2. Section 27-2-140: Nonurban scale development. Nonurban scale developments are developments comprised of nine (9) or fewer residential lots, located in a nonurban area as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions, PF-1097, Keller Estates PUD,Page 2 PRELiMI NARY municipal boundaries or urban growth corridors. Nonurban scale development shall also include land used, or capable of being used, for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty(40) years. Nonurban scale development on public water and septic systems may have a minimum lot size of one (1) acre and an overall gross density of two and one-half (2X) acres per septic system. Non urban scale development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half (2%) acres per lot. Non urban scale developments located outside the MUD area are not subject to the common open space requirement. This definition does not affect or apply to those coordinated planning agreements between the County and municipalities which are in effect as of May 14, 2001. (Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2) The site is not located within an Intergovernmental Agreement Area, Urban Growth Boundary Area, Mixed Use Development overlay district, or urban development node, or adjacent to other Planned Unit Developments, subdivision, municipal boundaries, or urban growth corridors. As such, it is considered a rural subdivision that is not subject to urban scale development standards. The common open space requirements of Section 27-2-60 does not apply, nor do the automatic paved internal road requirement of Section 27-2-190. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. An approved on-site (Private) Improvements Agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Final Plan application submittal. The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the residential lots. Outlot A allows for no residential development. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is within the three mile referral area for the Towns of Berthoud and Mead, the City of Longmont and Boulder County. The Town of Berthoud and the City of Longmont indicated no conflict with their interests in referral responses received March 13, 2007 and February 14, 2007 respectively. The Town of Mead "...objects to the County considering this as an unincorporated subdivision and wants the applicant referred to the Town for annexation" as stated in their referral received March 7, 2007. Boulder County did not return a referral indicating a conflict with their interests. The surrounding uses are agricultural in nature with the Paragon Equestrian Facility located immediately to the west of this proposed development in Boulder County. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The residential lots will be serviced by Little Thompson Water District. The Weld County Attorney's Office has indicated that the water agreement submitted by the applicant was adequate for the Change of Zone. The Weld County Department of Public Health and Environment PF-1097, Keller Estates PUD,Page 3 PTLELIMINAR_y has indicated in a referral response dated January 24, 2006 that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated in their referral dated February 28, 2007 that the applicant will still need to address the drainage easements, and the construction documents associated with the road, and drainage. The applicants are required to submit a Private Improvements Agreement According Policy Regarding Collateral for Improvements. A finalized Improvements Agreements will be required for review and accepted by the Weld County Board of County Commissioners prior to recording the PUD final plat. F. Section 27-7-40.C.6 — In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The Weld County Department of Public Works has indicated in their referral dated February 28, 2007 a traffic study for the proposed subdivision was not required and no off-site improvements are required for County Road 1. County Road 1 is classified as a paved collector roadway capable of handling the additional traffic with existing 80-foot right-of-way. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The site does not lie within any overlay districts. The Weld County Department of Building Inspection has indicated that each building will require an engineered foundation based on a site-specific geotechnical report or an open-hole inspection performed by a Colorado registered engineer. In a referral response dated January 26, 2006, the Colorado Geological Survey (C.G.S.) recommended all items identified by the applicant's Geologic and Preliminary Geotechnical Investigation (Terracon, dated November 8, 2005) be addressed. Proposed Conditions of Approval and Development Standards ensure that all issues concerning the shallow bedrock (2 to 7 feet) and/or because of poor percolation rates, are addressed. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. H. Section 27-7-40.C.8--lf compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide included in the application materials. PF-1097,Keller Estates PUD,Page 4 PR & L I Ml rJAR_y This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Private Improvements Agreement According to Policy Regarding Collateral for Improvements including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Departments of Public Works and Planning Services) B. The applicant shall submit to the Weld County Department of Planning Services a bid for the proposed landscaping listing the itemized materials and labor costs as outlined in the Improvements Agreement for the on site mail kiosk and development sign. The applicant shall make the appropriate changes to the Improvements Agreements as stated by the Department of Public Works in their referral dated February 28, 2007 and then resubmit copies of the Agreement for final approval by the Weld County Department of Public Works and the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed and approved the Restrictive Covenants and Home Owners Association Incorporation paperwork for the Keller Estates PUD. Any changes requested by the Weld County Attorney's Office and Planning Department shall be incorporated. (Department of Planning Services) D. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Keller Estates in the Office of the Clerk and Recorder. (Department of Planning Services) E. The applicant shall provide written evidence from all applicable service agencies including Berthoud Fire Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post Office to the Department of Planning Services indicating that the proposed street names are in compliance with their identification/naming protocol/addressing. (Department of Planning Services) F. The applicant shall submit evidence to the Department of Planning Services that the Home Owners Association has been recorded with the Secretary of the State. (Department of Planning Services) G. The applicant shall submit deeds to the Department of Planning Services for recording of the outlot area deeding them to Keller Estates Home Owners Association. (Department of Planning Services) H. The applicant shall address the requirements (concerns) of Weld County Public Works Department, as stated in the referral responses dated February 28, 2007. Evidence of their approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works Department) The applicant shall address the requirements of Weld County School District RE-1J as stated in the referral response dated February 28, 2007. Evidence of such shall be PF-1097, Keller Estates PUD, Page 5 PRELIM ! NARY submitted in writing to the Weld County Department of Planning Services. (School District RE-1J) J. The applicant shall attempt to address the requirements (concerns) of the Weld County Sheriff's Office as stated in the referral response dated February 25, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Sheriff's Office) K. The Longmont Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Longmont Soil Conservation District) L. The applicant shall address the requirements (concerns) of the Office of the State Engineer, Division of Water Resources, as stated in the referral response dated February 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Office of the State Engineer, Division of Water Resources) M. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) N. The applicant shall submit to the Weld County Department of Planning Services a signed Final water service agreement with Little Thompson Water District. (Department of Planning Services) O. The applicant shall attempt to address the requirements (concerns) of the Town of Mead as stated in the referral response dated February 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Mead) P. The applicant shall submit to the Weld County Department of Planning Services a signed agreement with the Howard Lateral Ditch Company as stipulated by the Utility Board on March 8, 2007. (Department of Planning Services) O. The applicant shall submit to the Weld County Department of Planning Services a signed agreement with the lsh Reservoir Company as stipulated by the Utility Board on March 8, 2007. (Department of Planning Services) R. The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection as stated in the referral response dated February 15, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Building Inspection) S. The applicant shall address the requirements (concerns) of the Berthoud Fire Protection District as stated in the referral response dated February 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Berthoud Fire Protection District) T. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Wildlife as stated in the referral response dated February 22, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Colorado Division of Wildlife) U. The applicant shall address the requirements (concerns) of the Department of Public Health and Environment as stated in the referral response dated March 6, 2007. PF-1097, Keller Estates PUD, Page 6 PF ELIMI NJARy Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) V. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) W. The Plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PF-1097. (Department of Planning Services) 2) The Weld County's Right to Farm Statement shall be placed on the plat per Appendix 22-E of the Weld County Code. (Department of Planning Services) 3) The applicant shall delineate the primary and secondary septic system envelopes for each Lot. (Department of Public Health and Environment) 4) County Road 1 is classified by the County (Weld County Roadway Classification Plan, June 2002) as a paved collector roadway, which requires 80 feet of right-of- way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional future right-of-way required. (Department of Public Works) 5) The plat shall be amended per the Utility Board hearing on March 8, 2007. (Department of Planning Services) 6) The plat shall include a utility and drainage service block per section 27-9-40.B of the Weld County Code. (Department of Planning Services) 7) The sign shall adhere to Article IV Division 2 of the Weld County Code and its location and design shall be delineated on the plat. (Department of Planning Services) 8) Intersection sight distance triangles at the development entrance will be required to be shown on the plat. All landscaping within the triangles must be less then 3 %3 feet in height at maturity. (Department of Public Works) 9) The plat certificates shall adhere to Section 27-9-20.M of the Weld County Code. (Department of Planning Services) 10) The applicant shall delineate the location of the mail kiosk. (Department of Planning Services) 11) The applicant shall show the location of all approved fire hydrants by the Berthoud Fire Protection District. (Department of Planning Services) 12) The applicant shall show how the landscaping within the Outlot A will be irrigated. (Department of Planning Services) 13) The Landscape areas on Outlot A shall be dedicated to the HOA. (Department of Planning Services) PF-1097, Keller Estates PUD, Page 7 14) The applicant shall designate building envelopes on Lots 1-9 that meets the setback requirements of Section 23-3-440 of the Weld County Code. (Department of Planning Services) 15) All text throughout the plans shall be legible and consistent. Modify and separate all overlapping numbers, text and details. (Department of Public Works) 16) The signature blocks on the cover sheet for the Final Construction Plans are not required and shall be removed. (Department of Public Works) 17) All building envelopes in the undetained area of Lots 8 and 9 shall be removed. (Department of Public Works) 18) A typical lot grading detail showing how drainage is to be directed away from houses shall be delineated. (Department of Public Works) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. PUD Final Plat for 9 residential lots with Estate Zone District uses, Keller Estates PUD. (Department of Planning Services) B. The nine residential lots shall adhere to the bulk standards of the (E) Estate Zone District and Outlot A is deemed unbuildable for residential structures. (Department of Planning Services) C. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) D. Water service shall be obtained from Little Thompson Water District. (Department of Public Health and Environment) E. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) F. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 100-foot from any well. (Department of Public Health and Environment) G. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) H. Any abandoned septic system must comply with the Weld County Code Section 30-4-20 (D). The applicant should contact the Department to update existing septic permits for those systems that have been abandoned. (Department of Public Health and Environment) PF-1097, Keller Estates PUD, Page 8 A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) J. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) K. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) L. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) M. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) N. A separate building permit shall be obtained prior to the construction of any structure including the mail cluster box. (Department of Building Inspection) O. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Q. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) R. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the County Code. (Department of Building Inspection) S. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 27 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) PF-1097, Keller Estates PUD, Page 9 T. Provide letter of approval from Berthoud Fire Protection District prior to new residential construction. (Department of Building Inspection) U. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-60 and following of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) V. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) W. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) X. Weld County does not maintain drainage related facilities. (Department of Public Works) Y. Consideration of high groundwater levels will be required for basement design and construction, all recommendations from the Final Geotechnical Investigation shall be followed. (Department of Public Works) Z. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) AA. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) AB. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) AC Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) AD. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) AE. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) AF. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) AG. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) AH. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PF-1097, Keller Estates PUD,Page 10 PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. Al. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AJ. Section 27-8-80.B of the Weld County Code -Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. Date: March 30, 2007 Kim Planner PF-1097, Keller Estates PUD, Page 11 c. APPLICATION FLOW SHEET COLORADO APPLICANT: Breakneck Weld Properties, do Tom Radigan CASE#: PF-1097 REQUEST: Final Plan/ Keller Estates Planned Unit Development(PUD)for 9 lots with E(Estate)Zone Uses. LEGAL: N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. PARCEL ID#: 1207 06 00004 ACRES: 80 +/- Date By Application Received 1-31-2007 Hatch Application Completed 2-5-2007 Ogle Referrals listed Vicinity map prepared File assembled C"; (VI Nt_� I � A Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision:(104 4,k J ', ) 1,6O-1 o Utility Board hearing (Ili applicable) Date By Utility Board Hearing Date - March 8, 2007 Presentation prepared Utility Board action: Utility Board Minutes received Date By Plat recorded and filed IMPROVEM ENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of , 2007,by and between the County of W eld,State of Colorad o,acting through its Board of County Commissioners,hereinafter called"County," an��gjead k�NEC L✓rLA hereinafter called"Applicant." 4 o,C47 )'S, LLe WITNESSETR: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: / Nv.eTiC %a , Ai o477/vEsr SECYoAv 6, 7TAJnisAir g ,vo,e77� ,P� 'ac a l- i�S7- 0Erite 6Th , (" Cotr,✓T oce 4)843 Co Lo,e ≥ o WHEREAS,a final Subdivision/Planned Unit Development (PUD) Plat of said property, b be known as ICe2ZSe E's7 7 `r has been submitted to the County for approval; and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans,platsand supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and "B"of this Agreement. NOW,THERE FORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of C olorado,and shall conform b the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to, surveys, designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. L3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract Before acceptance of the roads within the Subdivision or Planned Unit Development by the County,Applicant shall furnish one set of reproducible"as-b uilt"drawings and a final statement of construction cost to the County. 2.0 Rights-o€way and Ease ments: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at in own expense,good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strictconformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Developments proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the tine the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,a t its own expense,a qualified testing company previously approval by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County atApplicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement within the construction schedule appearing in Exhibit"B." The Board of County Commissioners, at its option, may giant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of everynature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered againstthe County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: 2 The legal description of the property to be served. The name of the owner(s)of the property to be served. - A description of the off-site improvements to be completd by the subdivider, applicant,or owner. - The total cost of the off-site improvements. - The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the 1TE Trip Generation Manual,or by special study approved by the Board of County Commissioners. - A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term o f the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtair reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed under an improvem ents agreem ent,the subsequent subdivider,applic ant,or owner shall reimburse the original subdivider,applicant, o r owner,for a portion of the original construction cost. In no event shall the original subdivider, applicant,or owner collect an amount which exceeds the total cost of improve ments less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision,Resubdivision,or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation asmeasured bythe changes in the ColoradoConstruction Costlndex used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner,or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need Sir further off-sit road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the C ounty, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to creat any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimburse ment,and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed b y the subsequent subdividers,applicants, or owners. 3 6.0 Acceptance of Streets for M aintenance by the County: Upon compliance with the following procedures by the Applicant,street within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improve ments detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicants)may request in writing that the County Engineer inspect the streets and recommend thatthe Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets,the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer sh all reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreeme nt. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral ha s not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply wit all current County standards,policies and regulations. The improvements shall be completed within one(l)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30) days prior to its expiration and further provides that cost estimates fqr the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(700%)ofthe value of the improvements remaining to be completed. If improvements are not completed and the agreement notrenewed within these time frames,the County,at is discretion,may make demand on allor a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvem eats in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improve ments are in place and approved pursuant to the req uirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit"A"will be adjusted higher o r lower for the year and quarter in 4 which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McG raw-Hill Companies. The applicant has provided costestimates forall phases of the development which will be adjusted in accodance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptab le to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and "B." 8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimatedcosts of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the improvements Agreement(i.e., streets, sewers,watr mains and landscaping,etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will re main available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date ofproposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat approv al,whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Comm issioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event prop erty within the propo sed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.1.) indicating that the value of the property encumbered in itscurrent degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required o f the property by a Member of the Institute of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the 5 cost of the imp rovemen is as set forth in the Im provem ents Agreement plus all costs o f sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amountspecified in the Improvements Agreement _ 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon req uest by the County,shall release any remaining es crowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliace from an Engineer registered in the State of C olorado that the project or a portion of the project has been comple ted in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built"is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the ap proved plans. The letter shall indicate lithe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 6 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the street for partial maintenance by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility comp any. 9.9 The warranty collateral shall be released to the a pplicant upon final acceptance by the B oard of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements ofa character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan,if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLIC T 7 4.4� G."-LC APPLICANT: I TITLE. Subscribedand sworn to before me this /�ay of 1(i Q I/Aj{T.J('` , 20 ?cv J My Commission expires: J / 1! , ) Li e 4 1 ,:�,.,,,�..rF 1) i_x o Notary�i}blic t. -NE I� 1 MARGARET A. GREENE , .,_�.Tm + NOTARY PUBLIC e e MyCpmm .__, 2 STATE OF COLORADO ATTEST: 4 ..OUNTY COMMISSIONERS My Cornrnisa'or Expires 66BannI bUNTY, COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 8 Exhibit "A" Keller Estates PZ#1097, Nine Lot Estate Zoned PL.. 17792 WCR1, Berthoud, CO 80513 East&Adjacent to WCR1 and South &Adjacent to WCR38 Section Line Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements: Estimated Unit Construction improvements Quantity Units Costs Costs Site Grading Strip Topsoil 16426 CV $ 0.95 $ 43,936 Demolition&Abandonment Varier 1 EACH $ 10,000 $ 10,000 Street Grading Subgrade prep 6100 SY $ 0.90 $ 19,414 Street Base Asphalt 2,725 TN $ 12.85 $ 51.095 Stmt Paving Asphalt 6100 SY $ 16.20 $ 99,570 Curbs,Gutters,&Culverts $ - Digging Easement Pre Change of Zone expense 1,330 $ 10.12 Sidewalks $ - Storm Sewer Facilities 127 LF $ 30.70 $ 15,817 Retention/Detention Ponds 5930 SY $ 4.78 $ 44,985 Ditch improvements-Big R MFG 1 EACH $ 22,725 $ 22,725 Subsurface Drainage $ - Sanitary Sewers $ - Trunk&Forced Lines $ - Water Mains 1788 LF $ 16.95 $ 61,992 Laterals(House Connected) $ - On-site Sewage Facilities $ - On-site Water Supply and Storage-Irrigation $ - Water Mains(includes Bore) (included above) $ - Fire Hydrant High Pressure 670 IF $ 31.00 $ 36,206 Survey&Street Monuments&Boxes 1 EACH $ 15,000 $ 15,000 Street Lighting $ - Street Names,Slgnage,Kiosk 1 EACH $ 15,000 $ 15,000 Fence Requirements 3000 LF $ 10.20 Landscaping 1 EACH $ 8,500 $ 8,500 Park Improvements $ - Road Culvert 200 LF $ 27.45 $ 12,586 Grass Lined Swale,Rock Walls Telephone $ - Gas-Propane Tanks $ - Electric Water Transfer 8 EACH $6,365.00 SUBTOTAL: $ 456,806 Engineering&Supervision Costs: Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 22,780 Supervision of actual construction by contractors $ 22,800 TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 502,386 9 EXHIBIT "A" Name of Subdivision or Planned Unit Development Filing: Location: Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds - Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing req uirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs $ (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 9 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit hi "B." By: Sat L f Applicant Applicant Date: ,20__ TiP (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 10 BreakNeck Weld Properties, Inc. EXHIBIT "B" Name of Subdivision or Planned Unit Development: Keller Estates Filing: PZ#1097, Nine Lot Estate Zoned PUD Location: 17792 WCR 1, Berthoud, CO 80513; East& Adjacent to WCR1 and South & Adjacent to WCR38 Section Line All improvements shall be completed within one year from the date of approval of the final plat. Construction of the improvements listed in Exhibit AA shall be completed as follows: Time of Completion Improvements: after final plat approval Site grading Four weeks Street grading Six weeks Street base Twenty-six weeks Street paving Twenty-seven weeks Curbs,gutters & culverts - Sidewalks - Storm sewer facilities Seven weeks Retention ponds Eight weeks Ditch improvements Thirty weeks Subsurface drainage - Sanitary sewers - Trunk and forced lines - Mains Ten weeks Laterals (house connected) - On-site sewage facilities - On-site water supply and storage - Water mains (included above) - Fire hydrants Eleven weeks Survey and street monuments and boxes Thirty-five weeks Street lighting - Street name signs, Kiosk Thirty-eight weeks Fence requirements - Landscaping Forty-five weeks Park improvements - Road culvert Nine weeks Grass, lined swale - Telephone - Gas - Electric - Water transfer - SUB-TOTAL: Forty-five weeks 11 EXHIBIT "B" Name of Subdivision or Planned Unit Development Filing Location: All improvements shall be completed within_ _years from the date of ap proval of the final plat. Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monum ents and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swab Telephone Gas Electric Water transfer SUB-TOTAL: II The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. Applicant l / Applicant Date:— ,20-- Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 12 COMMENTS i(:).;•:, DEPARTMENT OF PLANNING SERVICES (I; NORTH OFFICE 91 8 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 111k. COLORADO February 8, 2007 Breakneck Weld Properties LLC do Tom Radigan PO Box 894 Wheatridge CO 80034-0894 Subject: PF-1097- Request for a Final Plan/Keller Estates Planned Unit Development(PUD) for 9 lots with E (Estate)Zone Uses on a parcel of land described as N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, March 8, 2007, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10`" Street, Greeley, Colorado. If you have any questions concerning this matter, please feel free to call me. Respectfully, Kim 0 Planner NOTICE OF PUBLIC HEARING MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, March 8, 2007 at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10`h Street, Greeley, Colorado. Members Present: Jerry Adams, Don Magnuson, Megan Holbrecht and Jesse Hein. Members Absent: Don Posselt, Doug Melby, Robert Fleck, Al Trujillo and Don Somer. Also Present: Kim Ogle, Chris Gathman and Kris Ranslem. Jerry Adams, Chair, called the meeting to order at 10:05 a.m. CASE NUMBER: PF-1114 APPLICANT: Pyrenees Properties LLC PLANNER: Kim Ogle LEGAL: Lot C of RE-3058, part of Section 15, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 80; 1/2 mile east of CR 19. Kim Ogle, Department of Planning Services, stated that this development is known as Hollis Cross Estates PUD. Their request for change of zone was approved November 15, 2006. There are 8 lots approximately 2.184 acres. The ninth lot is an Agricultural lot of 116 acres. Kim stated that there are easements around all sides of the property; however there is one easement that staff has determined that is missing which goes across Lot 8 between Lot 2 and Lot 6 along the east side of Seminary Road which he believes was just an oversight. Kim further stated that there is also an easement in front of the development adjacent to the north side of CR 80 where there is a 20' exclusive water main easement from the North Weld County Water District on north side of road. Jerry Adams confirmed that the lack of an easement is on Lot 8 between Lot 2 and Lot 6. Kim stated that was correct and further stated that staff would like to see a 15' easement. Jerry noted that he did not see a perimeter easement on Agricultural Lot 9. Todd Hodges said that was correct and stated that he talked to both the surveyor and the engineer and they thought that in this case with the existing easements, that if that is ever re-plated that it can be addressed at that point. Mr. Hodges noted the 20' drainage easement on the outside of the lots that go into Lot 9 and said there is a large amount of space for utilities. Jesse Hein commented that maybe we could call that 20' drainage easement a drainage/utility easement just for the fact of the size of these lots. In case we need it if there is a building on that Lot 9, it would give it some type of utility out there. Mr. Hodges stated that he doesn't see an issue with that, however asked if there is a flexibility of language that as long as it is not impacting the drainage of Lot 9. Don Magnuson made a motion to approve PF-1114 with the amendment of adding the verbage of utility to the 20" drainage easements within Lot 9 at the appropriate utility easement within Lot 8 between Lots 2 and 6 as Kim Ogle indicated and to remove the language of pedestrian, seconded by Jesse Hein. Motion carried 4-0. CASE NUMBER: PF-1097 APPLICANT: Breakneck Weld Properties, LLC PLANNER: Kim Ogle LEGAL: N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Kim Ogle, Department of Planning Services, stated that this is Keller Estates and was approved with a change of zone on June 20, 2006. They are proposing 9 lots with a size of 7.07 to 9.36 acres. On the ninth lot there is a 20'water line easement south of CR 38 and an additional 40' drainage and utility easement south of that. They have 10' easements between the property lines and a 20' easement for the perimeter. Jerry Adams asked about the east/west water line easement adjacent to CR 38. Jerry stated that it almost looks like that easement is precluding any of our utility and drainage easements from actually crossing north to south. Jerry further questioned if there was a way that we might be able to show the two easements concurrently on this plat. Kim suggested showing it as a 60' drainage and utility easement. Jerry said that we could do that or we could show the north/south utility easement crossing the water line easements. Tom Radigan, Managing Partner of the Breakneck Weld Properties LLC stated that the Little Thompson water line easement that was in place back in 1989 runs west to east and is 20'wide. It sits 30'off the northern boundary of the property and is a dedicated 1878 right-of way for CR 38. So the easement that you were referring to is the one that Long's Peak is requesting running south to north that would connect to the Little Thompson easement running west to east and would not go all the way to the property line. It only goes to the Little Thompson 20' easement and stops which is 30' off of the property. Jerry Adams indicated that what he would like to see the side lot easements for example between Lots 1 and 2 a north/south 10/10 utility easement. Mr. Radigan stated that for the exception of one of them being a 20' easement. Jesse asked him to explain the 20' easement. Mr. Radigan stated that they gave Little Thompson the 20' easement because some day they would like to go south to service other properties. Jesse suggested asking for an additional 10' between Lots 7 and 8 just like the 20' easement shown on Lot 2 if they are proposing to go farther south. Mr. Radigan stated that was a sensible solution and concurred with him. Jerry Adams questioned that between Lots 6 and 7 there is a 14' bridge easement and they way it's shown on here it looks like that bridge easement is right in the middle of our 10/10 lot line easement and don't know that we'll be able to utilize this easement. Mr. Radigan stated that the plat is incorrect as to the fact that it shows the bridge as an easement. We just wanted to put a bridge in and didn't want to put an easement in and they don't intend to record an easement, however they to plan to build a bridge that runs north and south over the Ish ditch. Mr. Radigan explained that the Ish ditch is a rim to rim 30' wide, 12' deep ditch and it divides almost in half Lot 6 and cuts the corner on Lot 7. We chose to put in a bridge that would be shared by Lots 6 and 7 running south to north which would give both properties vehicular access to cross to the opposite side. Don Magnuson stated that there is no easement shown on the plat for that ditch and we need to show a right-of-way for that ditch or have something from the Ish stating that they have vacated the right-of-way. Mr. Radigan stated that he has an Ish crossing agreement which they have agreed to. Don Magnuson stated that was just for the bridge, however there needs to be something that shows the right-of-way of the Ish ditch across those properties. Jesse indicated that Public Works agrees with that as they have indicated in a previous memo date to the Planning Department, the Public Works Department asked that the Ish ditch either be shown as an easement or a right-of-way on the plat. Kim suggested making it a prescriptive easement for that ditch. Jesse Hein agreed to that showing the 30' in width. Don Magnuson asked about the 10' irrigation easement. Mr. Radigan said the property has access also not only to the Ish ditch but to the supply irrigation system and the supply irrigation system comes into the property through the Howard Lateral branches that cross the Platte River to the south of the properties. It enters into Lot 6, approximately 600' off the east end boundary of the property and runs directly south to a ditch system and then crosses into a diversion box and from that diversion box on the other side of the Ish Ditch is where we divert water across the road to the Paragon Equestrian Center through the 10" irrigation pipe and that is an easement given to the Paragon Equestrian Center for that permanent easement. Don asked then if the 10' easement shown is for the pipeline. Mr. Radigan replied that it is. Don further asked if there is a ditch leading to that which goes across Lots 6 and 7 as well and that goes through the pipeline. Mr. Radigan said that there is a ditch that runs concurrent with the southern boundary of the property, which runs right along the fence, and when it gets to the Ish then there is the diversion box and there is a 15" pipe that comes across. Don asked if they are figuring on operating the ditch in the utility easement or do we need a separate easement for that. Mr. Radigan indicated that it will be operating as it has been historically without a recorded easement. It is on Lots 6 and 7 until approximately 600'from the east end boundary where it exits, which is called the Howard Lateral and is a historical established ditch. Don stated that there should be an easement for the right-of-way identified for the Howard Lateral. Jerry Adams concurred with Don. Don also mentioned that the southern lot line utility really needs to loop up north of the ditch to connect it all together so you don't have to deal with that ditch along there. Don said to identify the width of the ditch and the right-of-way and its associated pipeline and then swing the utility easement to the north side of that so that you have access without dealing with the ditch. Mr. Radigan responded that they would have no problem with that and would create a 5' easement • on the plat that assigns the ditch. Don Magnuson commented that it will take more than a 5' easement, typically an open ditch you are going to have an easement wide enough to get your equipment down through there for maintenance, however it appears that there is plenty of room for that. Don Magnuson stated that the people with Howard Lateral really need to say how wide they need that easement to be in order to maintain it. Jerry Adams proposed that in going back to bridge that is going to be within the utility easement, he suggested that there needs to be 10' bump out utility easement around the bridge. Jesse Hein stated that you need to provide detail on this bridge and to have a minimum of a 10' easement around that built bridge. Kim Ogle asked if Public Works would want to review the written documentation and the drawing. Jesse replied yes. Jesse Hein moved to approve PF-1097 along with the following amendments. 1)To show an additional 10' easement within Lot 8 on the eastern property line. 2) To show the Ish ditch prescriptive easement and dedication shown on the plat. 3) To have a 10' utility bump out around the bridge to be placed in the utility easement between Lots 6 and 7 and given written documentation and shown on the plat which will be forwarded to Public Works for their review prior to recording. 4) To show the Howard Lateral ditch easement shown as it comes through Lots 6 and 7 and then show the utility easement outside of the Howard Lateral easement, which will be a 20' utility easement plus the Howard Lateral, and to have the width of the Howard Lateral determined by consultation from Howard Lateral. Megan Holbrecht seconded the motion. Motion carried 4-0. CASE NUMBER: PF-1041 APPLICANT: Robert Parsons (Tranquility Estates PUD) PLANNER: Chris Gathman LEGAL: Part of the N2 of Section 10, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 84; approx. 1/4 mile east of CR 19. Chris Gathman, Department of Planning Services, stated that if you look at the map there are utilities easement along all of the boundaries of all of the residential lots within the PUD for the exception of out lot 8 which is in the southwest portion of the site. Jeff Couch, Chief Engineering, stated that they have provided easements that follow the standards of 50' in front, 20' in back and 10' on each side. Mr. Couch indicated that there is a detention pond on Lot 8 and 1 for the ditch company. They are currently in negotiations with what they call a Standard Stormwater Discharge Agreement. Jesse Hein asked if these changes to your drainage are going to affect the easements in any way. Mr. Couch replied they would not. Jesse Hein asked Mr. Couch to describe the 250' no build zone per deed restriction and the 150' along the west side. Mr. Couch responded that when the whole north half of the section was split up they had a very close relationship with the ditch company and so they put restrictions on the upstream and downstream so there would not be seepage from the ditches and so they put those setback restrictions on there for a little extra assurance. Jerry Adams asked if there would be any problem with sewer lines being installed in the 20' utility easement that are within that septic setback. Mr. Couch said that in the future there would be no concern. Don Magnuson motioned to approve PF-1041, Jesse Hein seconded. Motion carried. Meeting adjourned 11:04 a.m. Respectfully submitted, Kris Ranslem Secretary APPLICATION PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# is CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: o`Parcel Number / O 7 - 06 - 0 - 00 - 00 ZIT (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet ) Legal Description 4/Description AL/2O 7 0/" /Yo4771.4ST/TSection (/) , Township 3 North, Range�ydWest Property Address (If Applicable) /7 7 9a tW C1& 1 /3"Ae YOu≥ , eo 8o 573 x Existing Zone District :A G Proposed Zone District:r/E Total Acreage:7h 5-Proposed #/Lots 9 Average Lot Size:2462ES Minimum Lot,Size: �O/ ACRE$Proposed Subdivision Name:'L(S Proposed Area (Acres) Open Space: /UQ/t.2 E Are you applying for Conceptual or Specific Guide? Conceptual - Specific X FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: & 'EA/CNCC//C w1 iooe e72 's, L CC Work Phone Con CA #3° 8B/ /996Home Phone# — Email Address/4A/GALOrin ET ST N Address: . O �o j! F'S 9`Y� a ,/ City/State/Zip Code A)F✓EA%_J/A g £ y do go a 3' O 894- APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: /D/)7 *A-≥ /GA.J Work Phone #303 8 ft/999Home Phone # — Email Address Slam e AS Fla'oL'E Address: A O• 40VG g 944 4J/-City/State/Zip Code /4-1/4/44-7- /P.4( �r Co g00 ,94- - o? / 474 UTILITIES: Water: .L. % Gt> -E1 Sewer: Se?,77-i. - 7S.a S' Gas: ,4Weit4 Q CO Oda 6'G/ANC Electric: /aAiEE' YALCE"� A Phone: fca✓d S 7-- DISTRICTS: School: _Cr Y/totc/n/ Vs/G G 6' p.S'C'.'./o o G S Fire: ,d&e r,4'0 e1 feg r ST/�iC7 Post: ,raft, 7770etS" fs S 7 - o€c c e e I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concernin the PUD Final Plat for the above described unincorporated area of Weld County, Colorado: -2 — /—o '7 Signature: Ow or Authorized Agent Date Signature: Owner or Authorized Agent Date -11- Mar 21 07 10: 45a TOM RRDIGRM 303-202-3610 p . 2 BreakNeck Weld Properties, LLC TO: Michael Bruner, Fire Prevention Specialist, Berthoud Fire District FROM: Tom Radigan, Managing Member RE: Case # PF 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Berthoud Fire District Comments CC: Kim Ogle, Weld County Planner Dear Mr. Bruner; Thank you for responding to our concerns regarding the latest set of requirements dated 2/19/07. Your telephone message indicated that the District will require only one fire hydrant for Keller Estates. This is great relief to us and our lot buyers that a one hydrant system is adequate for the District. It would be helpful if you could confirm to Weld County Planning in writing that the one hydrant system is acceptable. Also, the statement that the "developer provide proof of an adequate amount of fire hydrants" is of particular concern to us, and hopefully, can be deleted. We acknowledge the District's concerns about proof of hydrant fire flow, the need to meet sufficient fire flow from the hydrant by augmenting the residences with fire suppression systems and meeting the 2003 International Fire Code Appendix B Section B105.1 fire flow requirements for homes above and below 3600 square feet. These requirements will be acknowledged on the Final Nat document. We strive to meet the Fire District's needs, and concurrently,permit us to effectively price and market these lots with aplomb. Thanks for your prompt response to this matter. 1 will forward this memo to Weld County Planning. Best Regards,1 Tom Radigan, Managing Member Cell—303-881-1996 Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 3/21/2007 Feb 26 07 11 : 59a TOM RADIGAN 303-202-3610 p. 2 BreakNeck Weld Properties, LLC TO: Michael Bruner, Fire Prevention Specialist, Berthoud Fire District FROM: Tom Radigan,Managing Member RE: Case # PF 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Berthoud Fire District Comments CC: Kim Ogle, Weld County Planner Steve Charles, Berthoud Fire Chief Mike Cook, Little Thompson Water District Steve Jenkins, JLS Engineering Dear Mr. Bruner; We have reviewed you conditional approval memo of the Keller Estates PUD, PF-1097 and are flummoxed regarding the comments expressed. As the developer, we have a fiduciary responsibility to our lot buyers to install a cost-effectively utility system that meets their needs, and concurrently,the needs of all effected jurisdictions, especially Berthoud Fire District. The Keller Estates HOA will encourage earnestly lot buyers to build quality ranch housing with at least 2,800 sq. ft. main floor plans and 2,000 sq. ft. finished walkout basements. In November 2006 and earlier, Steve Jenkins and I met with Chief Charles to discuss the design of an effective utility system that would meet the needs of all parties. With encouragement from Chief Charles, Steve Jenkins engaged TEC,LTWD engineering company to perform analysis of the distribution system to determine the available fire flows at Keller Estates. The result of this analysis performed 12/8/06 by Thomas Ullmann from TEC is attached for your review. With regard to your comments dated 2/19/07, does this TEC study represent the proof necessary for the Fire District to determine that the Keller Estates utility system as designed provides for an adequate amount of fire hydrants and the required fire flow from the fire hydrant as designed?The Fire District's earlier comment dated 7/21/05 (See Attached Memo) declared that "The District requires one fire hydrant approved by the LTWD at the following location; within 1,500' of the residential dwellings of lots 4 through 6". Did the utility plan as designed not meet this requirement?Is there some other deficiency in the utility plan as designed? What cost-effective changes should we initiate to ameliorate the Fire District's concerns?Is it preferable for LTWD, the Berthoud Fire District and Steve Jenkins to design a cost-effective utility system before we commence infrastructure work or rezone the acreage?From a marketing perspective, utility design issues make lot sales uncertain and unpredictable, especially in this uncertain real estate market. It would be cost-ineffective and unfair to expect lot buyers Page 1 P.O. Box 894. Wheat Ridge, CO 80034-0894 2/26/2007 Feb 26 07 11 : 59a TOM RRDIGRN 303-202-361❑ p. 3 BreakNeck Weld Properties, LLC to install additional fire hydrants after infrastructure installation. What next steps should we take to resolve these matters? I suggest we all meet to review the effectiveness of the existing utility system, redesign a utility system, if necessary, to meet every jurisdictions needs and permit the developer to effectively price and market these lots with aplomb. We prefer to implement the right utility development strategy rather than implement any strategy containing design uncertainties. Please call and suggest a time and place for the meeting. I will forward this memo to the parties copied. Best, Tom Radigan, Managing Member Cell—303-881-1996 Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/26/2007 Feb 26 07 12: 00p TOM RADIGAN 303-202-3610 p. 4 I 2310 East Prospect Fort Collins, CO 80525 FIT.F: 06-004.05 70.A84.7477 fa:970.484.7488 December 8, 2006 www.tec-enyrs.com ITS Engineering 3138 S.Halifax St. Aurora, CO 80013 Attn: Steve Jenkins RE: Fire Flows at Keller Estates Dear Steve: As requested we have analyzed the Little Thompson distribution system to determine the available fire flows at the proposed development near the intersection of WCR 1 and LCR 2. Our computer model indicates that with a fire flow of 1,000 gpm at the hydrant at the intersection, the maximum additional flow that could be delivered to another hydrant at the entrance to the development is 600 gpm. Also the predicted pressures at the proposed connection of the 8" line to the 24"transmission line range between 172 and 202 psi. If you have any questions regarding this analysis or need to look at other alternatives, please do not hesitate to call. Sincerely, �lir- 7r <o__'Dirty-r.— Thomas F. Ullmann Principal The Engineering Company Kd lerF,xwtesrirc.doc THE ENGINEERING COMPANY Feb 26 07 12: 00p TOM RAnIGAN 303-202-3610 p_ S rotection (District *4tcBerthoud-Thee Weld County Planning Department 918 10'h Street Greeley, CO 80631 Re: Final Plat,Breakneck Weld Properties, LLC (Keller Estates PUD) PF-1097 Dear Ms. Ogle I have completed the review of the PUD. The district would approve the proposal subject to the following: In addition to the three comments submitted to you from Fire Chief Stephen Charles on July 21, 2005; The district requires that the developer provide proof of an adequate amount of fire hydrants and required fire flow from the fire hydrants in the development area before building permits are issued. In the event there is insufficient fire flow from the hydrants provided, residential fire suppression systems shall be required. Fire flow requirements shall meet the departmental requirement of a minimum of 1000 GPM, for homes up to 3600 square feet, per the 2003 International Fire Code Appendix B Section B105.1. Homes larger than 3600 square feet require a larger flow as determined by B105.1 of the IFC. Exception: A reduction in required fire flow of up to 50%, as approved, is allowed when buildings are provided with approved residential automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.1.2 of the International Fire Code 2003 edition. Fire Sprinkler systems shall be approved by the fire district as requested. We request that these requirements be included on the final plat, and compliance is required prior to issuance of any building permits. If you have questions,please direct them to me at your earliest opportunity. Respectfully, R P. Michael Bruner Fire Prevention Specialist CC: Breakneck Weld Properties PO Box 894 Wheatridge,CO 80034-0894 • Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 (970) 532-2264 Phone • (97(1) 537-4744 Fay • wwwherfhnnrlfira nra Feb 26 07 12: OOp TOM RR➢IGAM 303-202-3610 P• 6 (Berthoud Fire Protection distri• ct Weld Caul*Planning OFF De REELrm Ff10E July 21,2005 JUL 2• 6 2005 RECEIVED Kim Ogle,Planner Weld County Planning Department 918 I0th Street Greeley,CO 80631 Re: Case Number MK-1097 Dear Ms.Ogle: The Berthoud Fire Protection District has completed it's review of the minor subdivision sketch plan for 9 residential lots located;east of and adjacent to Weld County Road 1;south of and adjacent to Weld County Road 38,section line. The District finds no conflict with minor subdivision sketch plan as submitted;however we do have three comments: • The District requires one fire hydrant approved by the Little the following location;within 1,500'of the Thompson through Whr District at • residential dwellings of lots 4 6. Second,based upon the 1997 Uniform Fire Code a minimum of 1,000 gallons of water per miens must be available for all residential dwellings 3,600 square Bard upon Table MA rewriting fire protectiondwelling feet of less in size enlarges in square footage the required available flow is increased • If the required fire flow,based upon the residual dwelling square footage cannot be net,thesystem residential es d *i The review have o an approved automatic fire residemjal sprinkler inspection i is$20�0.00 and must be ��tioess,plan review,both r°° 'm and final It is the responsr`bility ofthe developer1 �eaceach po sp of wcal property w plans is ss aware,�duel h of the ere remind ref lowcemetbeyaan dtnkler a that i asta legneed fire flow aonot be ma an automatic residential fire sprinkler ant be installed. If you have any questions,direct them to me at your earliest convenience. Respectfully, 20,40 eSeedi Stephen Charles Fire Chief cc: Breakneck Weld Properties,L1.C PO Box 894 Wheatridge,CO 80034-0894 Box 570 • 275 Mountain Ave. • Rerthn„rl [,n Rnci a BreakNeck Weld Properties, LLC March 7, 2007 Ron Lose Consulting Acquisitions Agent Land Services Inc. 505 N. Denver Ave. Loveland, CO 80537 RE: Longs Peak Water District- Liberty Gulch Improvement Project CC: Kim Ogle, Weld County Planning Jim Green, BreakNeck Weld Properties, LLC Member &Legal Adviser Dear Ron; We acknowledge receipt of your February 22, 2007 letter and appreciate your sincere efforts to resolve the issues addressed in the correspondence. Hopefully, I will try to avoid prodigal responses for each point. In 1989, Little Thompson Water District (LTWD) was granted a 20 foot wide easement along the northern boundary of the PUD. In 2006,the change of Zone Plat identified a similar 20 foot wide utility easement along the eastern boundary of the PUD for use by Longs Peak Water District (LPWD). BreakNeck would prefer that LPWD 20 foot wide water line easement overlap this easement and end thirty feet off the eastern boundary of the PUD. Also, LTWD has indicated in their jurisdictional response to the Final Plat submittal that they would like a separate 20 foot wide water line easement along the same eastern boundary as the LPWD water line easement. The resolution of the LPWD water line easement will have to be deferred until the LTWD easement can be determined and resolved. Subject to resolution of the LTWD easement, we agree with the LPWD 40 foot wide temporary easement commencing thirty feet off the eastern boundary of the PUD. The following responses and numbers correspond to your letter: 1. The four week estimated timeframe for construction across the three PUD eastern lots (4,5,6,) is acceptable although it is unlikely that LPWD can be on the property in 2007 due to irrigation water flowing in the Howard Lateral Branches and Ish Ditch, and the need to resolve the LTWD issue identified above. The easement documents should identify the "property" to mean the 20 foot water line and 40 foot temporary construction easements only. A 12 inch valve box at ground level and a fiberglass pipeline marker should not be a complication for livestock. I anticipated that LPWD would use camera sweeps, vent pipes and above ground control boxes in their installation. Is this incorrect? Due to irrigation water flows and other unresolved issues, the District's construction start time of"the summer of 2007" appears unrealistic while their entire pipeline P.O. Box 894, Wheat Ridge, CO 80034-0894; Cell 303-881-1996 BreakNeck Weld Properties, LLC project completion timetable of six months appears reasonable. The irrigation water runs annually through September. The District should assure the potentially effected properties in writing that the flow of irrigation water in the Ish and Howard Lateral branches will be uninterrupted. 2. The easement documents should indicate clearly that all ingress, egress and construction activity will be limited to the 70 foot easement area from Wilson's property to the south. Each violation by LPWD or their contractors of this covenant should cause LPWD to incur a predetermined monetary penalty payable to BreakNeck. Such monetary disincentives will encourage compliance and avoid adverse marketing impacts. The lot buyers, HOA and developer seek to create a pristine, bucolic development of high-end housing. A temporary concrete culvert in appearance, safety and quality is inconsistent with these objectives, and therefore,prompt removal of that temporary concrete culvert immediately after completion of the construction period on Keller Estates is in the best interest of our development. The easement documents should state that the temporary concrete culvert will be installed in the 40 foot temporary easement, shall be removed no later than June 1, 2008 and, if uninstalled, shall be removed by the Keller Estates HOA at the expense of LPWD. It is important for LPWD to understand that the access restriction to the south,the removal of the temporary concrete culvert across the Ish Ditch and the uncertainty of the PUD & Keller Drive adoption by Weld County will cause LPWD to not have access to the portion of the 20 foot easement north of the Ish Ditch without installing a permanent, attractive bridge across the Ish or without securing a crossing agreement with BreakNeck and the HOA to utilize its vehicular HS20 bridge at LOT 6&7. Any permanent crossing structure installed by LPWD must meet the architectural guidelines established in the HOA. The written easement agreement should reflect these conditions. 3. LPWD intended completion date of the "Fall of 2007" is questionable but the June 1, 2008 expiration date of the 40 foot temporary easement is acceptable. The easements as we have redefined them in this letter will not encroach on the building envelope of lot 6. The fencing comment revisions in paragraph#3 require some minor changes. The Keller Estates property line fences at lot 4, 5& 6, extending at least 48 feet from the eastern boundary, already exist across the permanent water line easement so it should be the District's responsibility to reinstall it with three 16 foot wide green access gates to allow for maintenance and construction purposes, although an attractive crossing bridge would be required for full access when the temporary Ish concrete culvert is removed. Please replace all references to "property" with the word "easement" in the documents for clarity of intent and piece of mind. 4. The 20 foot utility easement reflected on the Keller Estates PUD Plat was intended for use by LPWD as a water line easement. The additional permanent easement for the District may extend that easement 10 feet to the west. The extended 30 foot easement on the eastern boundary contains historical but minor flood irrigation ditches that are utilized today. Until lot buyers replace these minor ditches with irrigation pipe, these ditches should remain unobstructed and in use. The easement should allow for continued use of these minor ditches and for the P.O. Box 894, Wheat Ridge, CO 80034-0894; Cell 303-881-1996 BreakNeck Weld Properties, LLC subsequent use of gravity flow, irrigation pipe in the easement. Weld County requires the developer to reseed all disturbed areas. The easement document should reflect the same requirement on the District. The District's gate locking comment is reasonable. 5. The comment regarding fencing modification allows for right angle cross fencing but does not speak to perimeter fencing to be installed along 1,325 feet of the eastern boundary starting this spring. Please modify the easement statement. The District's restriction of ingress and egress to the easement gate at the Wilson property to the south is acceptable and should be stated in the easement document. 6. The correction to water pipeline installed by the District is acceptable. The easement document should reflect the right of the property owner to install shallow and typical farm irrigation pipe. 7. We agree it is inconceivable that the normal housing excavation within building envelopes could impair the lateral or subjacent soil support of the pipeline. Irrigation piping or existing minor ditches are at the surface of current grade and should not be an issue. Will the District burry it pipe under the surface of the Ish Ditch to mitigate subjacent and lateral support issues? 8. Please review our comments in paragraph#3 &#5 as to fencing and gates. 9. The verbiage of the Paragraph#9 should specify that the District's dominant easement extends to subsequent easements only not existing. The developer should fmalize the Keller Estates PUD before signing the District's documents to secure a preemptive right for the lots easements running both across at right angles and parallel to the District's easement. 10. The "jog out"of the District's easement has been eliminated and we concur. The water line easement now hugs the eastern boundary of the development. 11. BreakNeck desires to minimize the adverse impact of the LPWD easement on Keller Estates lot owners. We are puzzled that LPWD can not manage conditions, standards, OSHA and maintenance operations just like LTWD and their 24"water line in a 20 foot easement on the same terrain. 12. In 2005,the St. Vrain School District reviewed Keller Estates for available school capacity, required cash-in-lieu fees and transportation considerations. At that time, St. Vrain indicated in writing that there is adequate available school capacity. St. Vrain stated that overcapacity resulted from"only a handful of new developments". Without the LPWD supply, new development in ST. Vrain would not be possible. In 2006, St. Vrain advised in writing that capacity impacts from new development required payment of an additional mitigation fee of$1290 per lot. The LPWD should pay this per lot mitigation fee as part of the reasonable compensation for an easement in Keeler Estates. We will bring the ST. Vrain correspondence to the Utility Board Hearing. 13. The District's offering price is unacceptable. The price should reflect the appraisal price at the time the easement is granted not last year's arbitrary price unsupported by an appraisal. While a portion of the easement is permanent, the temporary portion will impact adversely our development and marketing plans. Another issue is the architectural design committee of the Keller Estates HOA will certainly reject the temporary concrete culvert without reasonable P.O. Box 894, Wheat Ridge, CO 80034-0894; Cell 303-881-1996 BreakNeck Weld Properties, LLC compensation. A crossing bridge equal in quality, safety and appearance to the Lot 6 & 7 HS20 bridge is the acceptable standard. We encourage the District to continue working earnestly with Howard Lateral, Ish Ditch, LTWD, Weld County Planning, Utility Board and Weld County Public Works to insure that Keller Estates easements are in place prior to LPWD securing their required "dominant" water line easement. Homebuilders will require the use of these easements for utility services to residences. Surface irrigation water flows should be uninterrupted to all supplied properties. An attractive, permanent bridge crossing should be presented for approval by BreakNeck prior to securing the easement. We are flummoxed by the District's sudden sense of urgency given all that has to be completed and all the parties now involved. The District first contacted BreakNeck in January 2005 and sent easement documents for signature twenty-three months later on November 16, 2006. BreakNeck responded to those documents on November 21, 2006 and waited over three months for a response. And the District chose to schedule a County Utility Board Hearing on March 8, 2007 where both parties will bring their "representatives "to protect their interests. We anticipate many more Utility Board hearings with"representatives' before this matter is resolved. We will have to revise the easement language to clarify the ingress and egress statement and attached a financial penalty to LPWD if any of its contractors violate the access agreement. The LTWD standard easement contains just such a wrongful exercise of ingress and egress clause. Also,the easement document should clarify that BreakNeck retains all mineral interests and related drilling rights within the easement. Again, I recommend you contact Ed Markham, the President and Director or Ben Armstead, Superintendent @ 720-480-0173 of the Howard Lateral about the expected flow of water through the Howard Lateral branches that feed Keller Estates, Paragon Equestrian Centre, Strizki and Wilson. We expect irrigation water can run as early as April 15, 2007in the Howard and as late as September in the Ish Ditch. The easement agreement should clearly state that irrigation is an important priority to us all. The LTWD standard easement agreement contains an irrigation crossing device clause that includes unobstructed ditches, laterals and canals, and protection for ditch banks. LPWD, the County, BreakNeck Weld Properties and Keller Estates HOA can expect that all parties will be operating on Keller Estates under the same set of guidelines, regulations, constraints and covenants as those outlined in the County's Development Guide Requirements and the Keller Estates HOA. The Development Guide Requirements address noise, vibration, dust, odors, light, visual, aesthetic, utility, waste, erosion, reseeding, grading, ditching, wildlife and several other relevant issues. How can the easement documents be revised to assure the future homeowners that all contractors, regardless of who employs them, will comply with all of these guidelines, regulations, constraints and covenants? P.O. Box 894, Wheat Ridge, CO 80034-0894; Cell 303-881-1996 BreakNeck Weld Properties, LLC Please feel free to contact me and discuss any of these matters. Best Regards, Tom Radigan Managing Member 303-881-1996 Cell P.O. Box 894, Wheat Ridge, CO 80034-0894; Cell 303-881-1996 I IIIIII all NMI 9IRM MSS Mt MS OS,CO 1 of t R Rol ®Rol Ibis i tlssadar ` ( C.A�OWMU�ilV G The undmiigned does berehy represent and wammt that Tont Retype istiesoleManag r of Brealddeck Weld Properties,ILC,a Colorado limited&bay ooasprmy,and is duly authorized under ippl e law to hmot aad/ar Impose ofaeyor all ofthe real ar personal property belonging to Brea Ne&Weld Properties,ILC. E4 wmss WHEREOF,the undersigned has executed this Certificate of Authority as afthis/,e_day ofJanrery,2005. • BrrakNeck Weld Properties,LW Tam Cher • State of Colorado ) County of Jefferson) The foregoing instilment was acknowledged beam me this 18thday of January,2005 by Ma E3dijpm ltaaeginf,misfile for sreakNeck Weld Properties, USC Witness my hand and official seal SEAL Commissionittpleir KATHY L PASCHALL • t ' at gay{ 8754 NOTARY PUBLIC t ' STATEOFCOLORADO ; Etoon- of y BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case#PZ 1097,Keller Estates,Nine Lot Non-Urban Scale PUD, LLC & S-Corp Structure BreakNeck Weld Properties, LLC was formed by Tom Radigan(Managing Member), Jim Green(Member), Catherine Henry(Member) and Linda Winkleman(Member). Currently, these four Members have the following ownership percentage: Tom Radigan 33.34% Catherine Henry 25.00% Jim Green 25.00% Linda Winkleman 16.66% Total 100.00% After Final Plat, BreakNeck Weld Properties, LLC will form an S-Corp, BreakNeck Weld Properties, Inc. and transfer all rights and entitlements in the proposed Keller Estates property to the S-Corp. BreakNeck Weld Properties, Inc. will continue to be owned by the above four individuals, and will perform all infrastructure development on the proposed Keller Estates property. Tom Radigan will continue to be the Managing shareholder in the S-Corp. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 1/27/2007 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case # PZ 1097, Keller Estates, Nine Lot Non-Urban Scale PUD, Final Plat Proposed Subdivision Uses in compliance with Change of Zone The Keller Estates PUD Final Plat will insure compliance with criteria set forth in the Change of Zone submittal and County Commissioner's Resolution through its HOA. BreakNeck Weld Properties, LLC has prepared the following formal comments. Comments specific to the Board of County Commissioners Resolution adopted June 28, 2006 are discussed in the summary of concerns. Where appropriate, we have contacted all agencies mentioned in the Resolution and have summarized their comments in the enclosed responses. BreakNeck Weld Properties, LLC has proposed to develop the existing 76.55 acre home site into Keller Estates, a residential lot development consisting of nine lots ranging in approximate size from 7.07 to 9.63 acres per the enclosed site plan. The applicant plans to sell lots to builders and buyers who will construct quality high-end homes on the site as strictly defined in the HOA. The applicant intends to produce a high quality, environmentally sound, new rural community that preserves and enhances the existing bucolic setting. The site design and the landscape of each lot, with carefully planned activities, will be according to specific standards established by the Keller Estates Homeowners Association. Each lot will contain a two acre building envelope with residences built by others positioned to facilitate an unobstructed view corridor of the Front Range. The individual lots will be rezoned from (A) agricultural to (E) estate zone district per sec. 23-3-400 of the Weld County Land Use Code proceeding through the Planned Unit Development application process. The project's design guidelines have been created to insure that all improvements in Keller Estates preserve the natural beauty of the bucolic setting and maintain a unified design theme throughout the community while insuring adherence to the development guide previously submitted on December 15, 2005. The home builders will be encouraged to design ranches on the front westerly six lots, and ranches or two-story homes on the most easterly three lots. All homes will accommodate walkout basements and emphasize a rustic Colorado style. Manufactured homes will not be permitted as the primary residences. Noise and vibration are regulated in section 7.6 of the HOA. Smoke, dust, odors, heat, light and glare are regulated in section 7.7 of the HOA. Visual and aesthetic impacts are regulated in section 7.9 of the HOA. Signs, posters, advertising and billboards are regulated in section 7.11 of the HOA. Electrical interference and related equipments are regulated in section 7.10 & 7.18 of the HOA. A temporary water connection from the existing tap service should mollify water pollution. Wastewater removal, wetland removal, erosion and sedimentation, excavation, filling, grading, 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/4/2007 BreakNeck Weld Properties, LLC drilling, ditching, dredging, air pollution, solid waste, wildlife management and natural vegetation will be monitored and protected during the construction operations in accordance with the development guide. Hazardous materials are regulated in section 7.8 of the HOA. The applicant and his subcontractors will comply with all Weld County statues, ordinances and regulations. The applicant has contacted the major service providers regarding schools, law enforcement, fire, transportation, traffic, utilities, sewer disposal and water to insure compliance with County Codes. The landscape plan with sight distance triangles and the HOA establish standards that insure blending with the bucolic setting of the neighborhood. Homesites will be established within the Building Envelopes in order to insure that every primary residence and the individual sewage disposal system (ISDS) with primary and/or secondary absorption field envelopes will be sited in the most appropriate view location and to insure that all other improvements and farm animals are placed outside the Homesites. The building envelopes exclusive of the Homesites of the lots will incorporate outdoor structures such as barns, sheds, decks, grain bins and other similar outbuildings. Only utility connections, fencing and driveways will be constructed outside the building envelopes. The applicant has enclosed four copies of the Keller Estates HOA addressing septic system protection in section 7.3 and interior road maintenance in section 7.24. The Final Plat Map reflects identification of the interior road, Keller Estates, with each lot having proposed street addresses. The Berthoud Postmaster has reviewed and approved these street names and street numbers. The Building Envelope's location and Homesite within were determined based on specific characteristics of each lot and on planning and design objectives of Keller Estates such as: • Optimizing Front Range views from each home • Protecting view corridors from other properties • Avoiding highly prominent sites or skylines • Protecting sensitive environments • Preserving the general dominance of the natural setting by fitting buildings into the existing landscape • Utilizing distinctive natural features such as topography • Blending man-made improvements into the topography • Minimizing grading and removal of vegetation • Improve existing drainage patterns • Protecting ISDS absorption field envelopes Since the proposed site is not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors, the developer is proposing a non-urban scale development located in a non-urban area as defined in chapter 22 of the Weld County Land Use Code. 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/4/2007 BreakNeck Weld Properties, LLC This non-urban scale development on LTWD water and individual sewage disposal systems (ISDS) shall have lots sizes in excess of 7.07 acres. Historically, the farm irrigation system utilized in previous years often resulted in sheets of water flooding the area to the north and northwest of the property. The redesigned drainage plan intended for use on the property should mitigate this sheet flooding and instead create and control the flow of water to the northwest toward CR1 and toward the north feeding the existing drainage swale on the adjacent property at less than historic flows. We will utilize best management practices for water quality and discharge, in accordance with urban drainage design manual criteria and Weld County standards. Sincerely, Tom Radigan, Managing Member 3 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/4/2007 ArFIDAVIT OF INTEREST OWNERS SURFACE ESTATE // Property Legal Description: 11-)0,477-/11-)0,477-/ //a- /V �0/2/�G.1ES/ % ose 5 A.'4 777 TGviv SA ,o S /1J00 -77-,/ /C/J ANC-,S L ' w6S7 4 41/0. 0r GvF J/ ca pZo /92io Parcel Number l O - O ' - 0 - 0 0 - 0 0 4 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co_weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property(the surface estate)within five hundred (500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. By: Titl • The foregoing instrument was subscribed and sworn to me this 2 day of FQ , Toti7 i WITNESS my hand and official seal. My Commission Expires: � 1 Z0 10 Notary Public LUIS GALLARDO NOTARY PUBLIC STATE OF COLORADO My Commission Exn'res 09/08/2010 -16- AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120706000004 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the carespording Parcel Identifiesion Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilising the records of the Weld Catty Assessor available an the Weld County Internet Mapping site, http://www.comelcLco.us,and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. i- i1— 07 Date Property Owners Within 501 ft. of Parcel* 120706000004 NAME I MAILING ADDRESS PARCEL IDENTIFICATION 18100WCR1 BERGQUIST MARCELO R&HUNEKE PAMALA M 106131300077 BERTHOUD,CO 80513 17875 WELD CO RD 3 DRIETH ABRAHAM&DELORES A 120706000015 BERTHOUD,CO 80513 18080 COUNTY ROAD KNOX LAURA G& 1 106131300076 BERTHOUD,CO 80513 PO BOX 1228 MC VICKER MICHAEL&BARBARA S 120706000014 BERTHOUD,CO 80513 18016 WELD CO RD 1 NEWTON JUDY LYNN&GALE ELLEN 106131000003 ELIZABETH BERTHOUD,CO 80513 18125 WELD CO RD 3 REINKING RICHARD D&CYNTHIA L 106131000067 BERTHOUD,CO 80513 18012 WELD CO RD I STEPANEK JAMES C 106131000068 BERTHOUD,CO 80513 17506 WELD CO RD 1 WILSON WILLIAM R&LEAH G 120706000017 BERTHOUD,CO 80513 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: /VO.PT71 74/2../ A/o A977-74/1:27. 5%1, a'ec//o-A, 47 7o w, jw; 3 'vo2771 49risE G8 wPST to TA,A' -v. �o c.,i.+/y 61Lb s L .s-7X2 ' a C eO L P,eA . O Parcel Number / O 7 - d 11 O - a0 0 O (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.cc us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: Title: The foregoing instrument was subscribed and sworn to me this day of Ce_br e:f� , e1 I"L`7 . WITNESS my hand and official seal.ic My Commission Expires: Cif ? 12 b 1D I � �/J� %.{..; A.'i �� "✓_�tC" l/ Notary Public LUIS GALLARDO NOTARY PUBLIC STATE OF COLORADO 1.._ My Commissio", Exnlres 09/08/2010 -17- I111111!!N!l INimill11111 llll�Illltl�l�li ii 3266271 01/2612005 02:16P Weld County, CO 21 1 of 1 R 6.00 0 0.00 Stew Moreno Clerk&Recorder QUITCLAIM DEED THIS DEED, made this 24th day of January, 2005, between ROBERT DEAN WHIPICEY, as Personal Representative. of the Estate of ABE GETTMAN, of the County of Weld and State of Colorado, grantor, and BREAKNECK WELD PROPERTIES, LLC, a Colorado Limited Liability Company, duly organized and existing under and by virtue of the laws of the /State of Colorado,grantee, whose legal address is P.O.Box 894,Wheat Ridge, CO 8@053.60034-0694 WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise,release, sell and QUITCLAIM unto the grantee, its successors and assigns forever,all the right,title,interest,claim and demand which the grantor has in and to: Any and all mineral interests owned by the Grantor,if any,in the following described property to-wit: The North Half of the Northwest Quarter(N'/2 NW'/,)of Section 6,Township 3 North,Range 68 West of the 6a'P.M.,County of Weld,State of Colorado. also known by street and number as: 17792 Weld County Road 1,Berthoud,CO 80513 assessor's schedule or parcel number: • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. ROBERT DEAN WHIPICEY,Perso epret mttive of the Estate of Abe Getunan STATE OF COLORADO County of Larimer The foregoing instrument was acknowledged before me this 24th day of January, 2005, by Robert Dean Whipkey. Personal Representative of the Estate of Abe Gettman. Witness my band and official seal My commission expires: � YC9 ;it7FARY'c / z TM L 1}Totary Public 1 G, Name and Address of Person Creating Newly Created Legal Description(§38-35-1063,C.RS.) Buzz Sawvet Cnmmission Expires: 02-04-OS QUITCLAIM DEED THIS DEED,Made this a O day&December,2005 between BreskNeah Weld Properties, LLC,whose legal address it P.O.Box 894 Whet Ridge,CO 800340894,State of Colorado grantor(s),aid,Keller Estates Some Owners Assoeistioe,State of Colorado,grantee(s) WITNESSETH, That the gtantar(s) fix good and vabjeble consideration, have granted, bargained, sold and conveyed, wed by these meseds do guest; bargain, set convey and confirm,rm,unto the gnmte e(s)and the bees and assigns of gn tee(s)fiorever, all the mineral rights, both surface and subsurface, located as follows: The North Half of the Northwest Quarter of Section 6, Township 3 North,Range 68 West of the 6a'PM, County of Weld, State of Colorado. Also known as: 17792 Weld County Road 1,Berthoud,CO 80513 TOGETHER with the reversion and reversions, remainder and remainders, rats, issues - and profits thereat and all the estate, right,titles ia*aist, claim and demand whatsoever of the grantor(s), either in law or equity, Kin and to the above bargained premises, with the heredinuments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee(s),and the heirs and assigns&the grantee(s)forever. The gramme(s), for themeeives and their heirs and personal representatives or successors, do covenant and agree that they are frausfetring all interest is that they may have in the property as of the date of exeartS ofthisDeed. IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. BreakNeck Weld Properties,LLC By.Tam Mogan, STATE OF COIQRADO Z)2 ) County of erso The foregoing instrument was acknowledged before me this o2a}ti day of December ,2005,by Tan Raisin. t KA.E. BA Z _ say heed and a�eiiai sad NOTARY D SrATEOF •• -' • - -a. /O-O5-o9 ss comdreloeSwisstesrssW9 BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case# PZ 1097, Keller Estates-List of covenants, easements and restrictions The following is a list of covenants, easements and restrictions for Keller Estates as defined on the Final Plat Map: 1. Diggins 10 foot wide irrigation easement runs westerly along the southern boundary of the site from the Supply diversion box on lot 7 to a crossing point on lot 9 at WCR1. Document is included in Stewart Title Policy. 2. First Bank has a recorded interest in the site as a result of acquisition financing. The recorded interest is attached. 3. Little Thompson Water District 20 foot wide waterline easement runs west to east thirty feet south from the northern boundary of the entire site from WCR1. 4. Keller Estates HOA imposes two acre building envelope restrictions on each proposed lot, general building requirements, design requirements and other similar restrictions. Document is included in the Stewart Title Policy. 5. Weld County 30 foot wide WCR 38 easement runs west to east along the northern boundary of the entire site from WCR1. Document is included in the Stewart Title Policy. 6. Weld County 80 foot wide right-of-way for WCR1, 40 feet each side of road centerline easement running along the east side of WCR 1 for the entire north/south length of Keller Estates. Easement reflected on the Final Plat Map. 7. Weld County 60 foot right-of-way for Keller Drive easement running from the entrance of WCR1 on the west, eastward into the development toward the entrance to Lots 4, 5, & 6. Keller Drive is located 663 feet from centerline of its 60 foot right-of-way to the development's northwest boundary. Easement reflected on the Final Plat Map. 8. Ish Ditch Reservoir Company has an existing ditch right of historic use easement running along the southeastern boundary of proposed Lots 6 & 7. Document included in the Stewart Title Policy. 9. Upon final Plat approval, the applicant will transfer all mineral rights to Keller estates HOA. See Attached Quitclaim Deed recording the mineral rights transfer. Enclosed is a separate response to concerns expressed by the County Commissioners Resolution for the Change of Zone application for Keller Estates dated 7/17/06. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/3/2007 's i Sy ✓Y } ^r{t-i uo;. .�. o}< Jae i. •�b3 , r l'ffr..i t �' µ$3.a ' -,pia x i } 4.�- ' '#- '1 Ix zj � `s Y ov `[ of �G` 1{y-a .Ls.. rkb<.. � � '. s N 7Y, .f. �` 1 }� Y k l fa—e` � � u G � 'T Y1 rte, ,� �, �;, -�.• »;, }� h . �'•r�!' T�^" J`� „T" �, t-�+ R_4:'"-•��3 ?F.` s� �J Ate.. ,� . •-s.4. B 1239 REC 02186523 07/28/89 08:43 $10.00 1/002 A•' • AP2J•86527 F 0237 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO �; Easement and Right of Way Agreement ,YY;a" G.. 4^i ... This Fasrmem and Right of War Agreement,trade and entered into as of the 5th .payof July ,191_• : *f '.+< In and Ix-In ire Abe a Genevah Gettman and Marilyn C. Keller t "� u xis _ ��' a4T ha;eanalter called "Grantor' (whether grammatically singular or plural), and the LITTLE THOMPSON WATER DLSr RIOT and the ',1% (:I,N1 RAI.WELD COUNTY WATER DISTRICT.hereinafter called the"District.' F.; Eon mind and valuable( .'lrmti))n.11w'emit.,and soffit-irnry of which is herby acknowledged.the Grantor hereby grants,sells.conveys and 4 ��.a.cadre to the Dist:in. t . r.wns and assigns,the sole.rat I and penaanrne right tnrneer.tr-enter.arnpy and urn the bannaltndcuTibcd sn d,�sr ;min-It,to<nn.nurt , n m t.. : inspect.nugtade;unease line six al or nrity.operate.repair.maintain.replace.remove and operate one or 1' } ,• r_•. 'non-lines I. the transmission,distribution and wrsite of water,and all tenth•,grmmd and set vire appurtenant es thereto,including metering -. At •<i'fti "•,loin,cn1 Its.rnrlf INun-.item if::at inn signs and other fixtures,over.across.tinder and upon the following c.^scribecl land,situate in the County Weld t.i ,State of Colorado,to-wit:(inn legal description) •e {,. It s x Gettman and Keller A 20.00 FEET WIDE WATERLINE EASEMENT ACROSS A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH L^ P.M. , WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: zl a yw eti THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 50.00 FEET OF THE NORTH HALF OF SAID NORTHWEST QUARTER CONTAINING 52,025 SQUARE FEET MORE OR LESS, TOGETHER WITH A mI TEMPORARY CONSTRUCTION EASEMENT BEING THE SOUTHERLY 50.00 FEET OF THE } NORTHERLY 100.00 FEET OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SECTION Nye eel Reception 4.-fli. t.•uun Refolded hook paw. Number S,C '"et\,; IE s..unn Township Ranges rLr rasenun:and right of was shall Ise 20 fret wide. !3 ' I.I.unI.< luubrt grams p.II.•nisei it I; ylF1W; ei \I he h ighnn grade the drip of laud for the(tll wick h shrreol and to es tend Iix•cutsand fills wi s such grading it,to and on the land aiongand u \i k! 'i;ies•dr of Ow strip en the extent as the Diant in merry find reasonably necessary; ' un.: water WM."with such strut ones as District shall alum necessary; tin Ilv'tight N.al(h.lnnl the pipelines across faalnfa and a rrya •,;y�;t, t.t i he tight of ingress,•.and egress linen gilt a tip ewer anti aeons the land by means of roads and lanes demon,if such exists,otherwise by such a yc t ,. .ncautrs:.-shall OIeashonthe least(no lit:ddr damage and intnnstnirnm to Grantor:) bledtat surf:right of ingrssand egress shall not f y,,,� s.on'', t•. up lomm�cal rh-kind wluc Ia n iodated from the strip by any public road m highway now crossing or hereafter crossing the land; ria9 ....',4d.limber.that if:ns•Irm ion of the land is or shall la-mantis-hied and dedicated xodsor highwaysnn such portion shall extend to thestrip• :;‘,-t:irire:Hpliz:;-;1/4:44::::!,.. [lj t :I Tight cal ingn ss and a•;less un the portion shall he confined to melt dedicate)nods and hi,h wrista •!y I'1..-tight cad gcnti no for rotntr'uting,man,oun ing and none,surds roach on ail aenss thelands as the District may din necessary in the,i s- 1 1 _glu ul mgt.s..caul eg.t-s err to prink arms to property adjacent to the bud:k tT h gl t t ast. i maintain and usr gat.s in all fences which now nose or shall herrafter cross the strip: t. The nglut nmtk the kr(:II ion of c hr strip by amt.able markers set in t egrmmd;proiderl that any,ut h markers remaining after the period of woo,w lion shall le;dared in fences in oilier hx;,,itm whirl,will not interfere with any reasonable use Grantor xi.:dl matt-of the strip; Sr'sr .r All yaN" ..t l ocher rights no•-natv and inridrru to the fuck and format-le use and enjoyment of the right-of-way and<awm for et(ohe Nitrates herein '1'.(1.- - ae ors. .;11 t RAN'IOR Ink:ER1'(fN\EN:NTS AND AGREES: t `k! :Al a Thia Cr.uunn shall cam<set I or place any permanent t building.structure.improvement.fence or tree on the described easement,and the if ) -: !hart.t shill not Ix liable Inc their nnknral if dhry art-so plarnl,and Grantor agrees,at Grantors sole expense to so rnnnsr such items. l ;I! i.-t i !hi G::utin sheal nit dinh ill ish the gtmind non on to wain lines and shall not substantially add to the ground cia-ctWWI Met the water lints or . M1 ' lb,.• a;}inn lrnnnt ts. - `(. lI v?. I 1 u'❑iingst Lin Par I DIY r'tWi6'Jy>. ' ;In sixMx u "ss� .I -cz wt a itvzuxv. - ' -3°-0 aCJ" '` '?P e'U' „t%*4;. .a'-. i. ��'C4sT.' #t4�§ue l47-Sof• Y- 4,A 1 r"s +s ac) a �i�t ,, l '$ car la yr 53t szi.z,'•4'ts f I .,�. -4-. e= cis E . A s ,r. s ' < ,',',y#y Ca is. EP JAsir. c 4YT2'+ fiyrr Cv 4'41:4+x^✓'3�w "a' Y+1+� sr,, nfT,. 3. a . n +.S't3t .' `01` 4re.-"t,.,.ye ,:ry {s{' v.tvc. dars.7k x.4i •r 2 ¢Tsk s''`" ,(d�-m--0..A.Fis�1-aY't ,s. •, ,e r t` ,yf�`rs ...,;A N•ssn/rtl .19 " T s yc .t. }rt) ^� t s1-.. *hx''�9" c'%Te "1�'{' '+ " 'L-Eir t-'`'.. yy� �: f y gri a?Y's . \ ',•a}. .r ..w, . w:f7CI s„a, .r+'tT - Y-t,•= la sti1.. •1.t'u`idiVyvYai'ev+ueY'L•�vm.'.iK'd e<vMRSC,oea � .� 4uiIIfa�6oLi,Ai:°Nll '.I'l�•4^ �.aildYl�W.°LTV.IAE4�Ya4•YS�e":BW.n}!t.'S.'iJ.rYa� eS1 6t. ..::'1,; 'sy2!"T 9c✓:�'5 ro n-a c^ s x�� \ s 4')• y -• ,i4..-.'' y .e" a, yy.E s j^' t,it a-F'a ]„r y --t s-'t 4 i•ri 4' .sa. yz G vs fe S v'u'Z <h ➢ OC,74--- ;c-a-sue< 4'. 't' `i fgrsr - t.,..". "'ex:,y t J r _ ties i:1:t4tp,,� 31 s•a R a s a h 4- e�F. 4LT r ` F c4i ! rb , •-- lire t"y r i+.✓r n' strr ivv^aE3 "d- ti l �y y s $(. a ,D.l s g Ya ,. . .. ..-s, .,;a e-1 t a. :, "ax'.€;v -as, r ,y,sgp a•A• '` 2 ,...v., ` B 1239 REC 02186523 07/28/89 08.43 $10.00 2/002 , , "- •. ^ F 0238 MARY. ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO """}-- ""`lt ",° - Easement and Right of Way Agreement — Page 2 k:. .•.tkt-. T r ?r.. Its :„„. Between the District and: Abe & Genevah Gettman and Marilyn G. Keller k2,� p[, art Grantor...tall not grant any other easnment.right -way,permit or license upon.under or over said property without the written consent of t ) Its :Moir,. t. -. ,eft Grantor warrens dirt Grantor is the m net in fee of the above-described lands and will defend the title thereto againstOs all claims,and that said ff . ups are lyre and clearer-t- a,of encumbrances and liens of whatsoever thinner,nerpt the following: .tr ? Ir I I IE DISTRICT HEREBY COVENANTS AND AGREES: x . tat 'On District shall not fence or otherwise enclose the strip,caret during rity�.P periods of construction am!repair. Cc.Ott That all wenches and excavations made in the laying or repairing of such pipeline shall be properlybaekfifled and as much of the original s �ytiw, Ted t lace till as possible shall he placed on top.All large=civet stones and clods will be removed from she finished backfill.The District will finish r>4yf� r� I,trklill al ter normal settling of the soil so that t.e use and enjoyment of said land by Grammshall be suitable for the purpose-now used.Thr a tf�tiaa, I urn will maintain the trench area and buried water pipeline during installation.reinstallation and maintenance of said interline L;. .l In thenent that Ikeabme-deseribed lands are being used fergraring purposes,the District agree that during!hi-pedal of construction of the 5l' e• ..Fti ,.gaine hereunder.or any sulunptent altering•removing or replacing of said pipeline.it will leave or arrange for reasonablecrossing over said ' `a� )I N' ,aut-of-way strip f, the rattle and Iive•t••sck of Grantor and histrnantsand lesser.Further whenever it bnvmms necessary for theDistrin,itsagents I 16+'as'.'�. .nnrat torstscot a tenet-on the ahem-dewribed lands,the District agrees.at its option,rither tok tM �' ^•P gap or it in sucha manner g. h .to present the entranceand exit of cattle or other livestock through such app or tomnatntn at stub place or plans substantial gain withdual if r �IJ sT ks a ul to foolish Grantor with one set of keys ammo.Before any such fence is cut by the District.the WOW shall be bransd in order to prevent s Ni r,kening cal the:tiresfence along with in nth direction from the District s temporary gap. y 'E --It In the event that the above-described lands are tieing used for the growing of a crop which requires irrigation at the time the pipeline is �2'e ••,..err.,ual hrrrus,der,the District agrees•unless otherwise provided for.to install and operate flumes orapprrspriatrrnssing desires across the 01 t.. •g re- r.st[-of-um at all times during such construction operations.The District furth'-r a +grers sinless a t x replace od fcr,not to b:nck,dam or ones on ina to mantra in a irrigation canal,drainage ditches.creeks located on said lar•.ds•and also agrees to replaceor repair any fryers or banks Laor led In damaged by the District's operations on said lands. fi: " let 'Ow District shall be liable to the extent allowed by law for loss and damage s•hick shall be caused by any von gful exerciseof the rights of rv„r's a •'ter a and egtns or by wrongful or negligent act or omission of or of its agents err employers in the cosine of their employment, *cx.:'' y /^ + ISMUI{TALLY AGREED BY THE PARTIES: `if -fir t , Gmnmt rises n all s".gas and other minerals in.on and under the abm. Ascribed lands,and Grantor shall not grant any right in the sot. S;�f x, t ., .n oAurw ire that will material]) interfere with the rights and privileges herein granted to the District. 7;' III, Eat h and etc:yone of the In,t'lis and!nucleus of this easement and right-of-way shall inure to and be binding upon the semen ive personal °la 1' .ti. o- ,I s aitaf ties,m mann.and assigns ot the parties hereto. "W.31� . I N ts•ITNLSSn IfEREOF the undenigrsed has set his hand and seal as Grantor this 5th day of July . 19_�t), .y ,,,41y GP.A 41 ,�E ',Istiss•4 —�r--��,v :npi} .000"':. 1 / f!4 sr.lyd«� a e -.. .n�1 -2n a;--Itrti I. -l}-bp wink-Mg) '/ ~`' =F } v.I9 .i. i R- ;S:'{nMerl msuury �eaa arknnyLdgnl err this �7 d. of• ''•`.G.J_ y t t.... ,,., ,, elt�ti N t-T• os.G r+�lL 6J�,,, �J -r G ' r !/- `.rl�/CLitJ as Grantor. ica,rl sot- TO 11/,1,', i Ntrr ` �/,/j� 1 ' �. l \r �.fl.-.^i �l7 c�Kti�/Z�— wt �STn } ` Notary Public ?r:',;?``. Ss / .- /yam ari^n:nn:f.n cop' d / i ��/�)�� 4 di-si ub4.1 ta s. '?.4"---'/". ' ea . e•i.'/r,'�-. 't 'yyalIyy l pu, tsau Mss Par 2 of n 6 :a"'. 1i {' '' 1s•". - " r' u ' I-sr 's. 5 e .y,e2 ,yu ' a r r 1t y�f.�:1 � asp .R t y" " er♦ yF S`ta WZ Y 'flK ,."'lm a ......,,.4;.Q, 1' qwv 7S.v"J+.Sr'�e .t Anibv./rc a I.4. 1 r: f lY."6'-� A -i,:t" �l.k ti ii`j a si- Y i -I. ;•-�trp�Zj!j�}�/�F d:n .-" ,• ->t --ate 'I 1.,kicatcez •-ti y,,..YVT Y . - l fi rwl ) aJ,ik�d�iyi-6n5�d[{iCLWrJYnMi �'iL'!.x 3tF^ •aT, 1111111 11111 I I I I 11111 11111 HU I I 11111111111111 3421619 09/22/2006 11:15A Weld County, CO 619 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder Amended and Restated Easement This easement is entered into by BreakNeck Weld Properties, LLC and Vance Diggins, effective on the first date signed below. Whereas, on January 28, 1997, Abe Gettman conveyed to Robert Dean Whipkey, an easement to run a 10 inch water pipe over the following property: The North Half of the Northwest Quarter of Section Six, Township Three North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, and Whereas, the easement was recorded in the offices of the Weld county Clerk and Recorder on January 30, 1997, (See attached Exhibit A) and Whereas, BreakNeck is the successor in interest to Gettman and Diggins is the successor in interest to Whipkey, and Whereas, the parties wish to relocate the water pipe currently lying in the easement. Therefore, for good and valuable consideration, agreed by the parties to be fair and paid, the parties agree as follows: 1. The location of the prior easement is he%by vacated. Noe 2. The new location of easement is granted across the property legally described on the attached exhibit B. 3. The parties agree to split to cost of relocating the water pipe to the new legal description. 4. All other rights and obligations in the original easement are unaffected. Agreed and Accepted BreakNeck Weld Properties, LLC _ 'By: Tom Radigan, Manag ance Diggins Date: - / 0 �-> Date: c5-2 0 273 • 1111111111111111111111111111111111111111111111111111 3258273 01/23/2005 02:18? Weld Cooly,CO 1 of 7 R 36.00 D 0.00 Sieve Moreno Clerk&Recorder s'- Space Above This Line For Recording Data DEED OF TRUST DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is January 24, 2005. The parties and their addresses are: GRANTOR: BREAKNECK WELD PROPERTIES,LLC A Colorado Limited Liability Company P.O.Box 894 Wheat Ridge, Colorado 80033 TRUSTEE: PUBLIC TRUSTEE OF WELD COUNTY,COLORADO LENDER: FIRSTBANK OF WHEAT RIDGE / Organized and existing under the laws of Colorado t/ 4350 Wadsworth Boulevard Wheat Ridge, Colorado 80033 1. CONVEYANCE. For good and valuable consideration,the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: The North Half of the Northwest Quarter(N1/2NW1/4) of Section 6,Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. Together with all ditch and water rights appertaining to said premises including Ten (10)shares of The Howard Lateral Ditch Company, Five and One-half (51/2) shares of The Supply Irrigating Ditch Company and Five (5) shares of The Ish Reservoir Company and 20 units of water allocated to the said land by The Northern Colorado Water Conservancy District;also all the interest of the Grantor in The Ish By-Pass. The property is located in Weld County at 17792 Weld County Road 1,Berthoud, Colorado 60513. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third parry payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed 6500,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3.SECURED DEBTS. This Security Instrument will secure the following Secured Debts: A. Specific Debts. The following debts and all extensions, renewals, refinancings. modifications and replacements. A promissory note or other agreement, No. 851-2213, dated January 24, 2005, from BreakNeck Weld Properties, LLC,Thomas Radigan, Catherine J. Henry and James K. Green (Borrower) to Lender, with a loan amount of $500,000.00,with an interest rate based on the then current index value as the promissory note prescribes and maturing on January 20, 2006. B. All Debts. All present and future debts from BreakNeck Weld Properties, LLC, Thomas Radigan , Catherine J. Henry and James K. Green to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a 'consumer loan,"as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock' and Lender does not-obtain a "statement of purpose,"as defined and required by federal law governing securities. &..YN.ek Weld nr.p.,i.,,LLC C.k.,.d.D..d of Then Weals CA/4Ktr..eh.oealsrooO04474O5Jarzro5r t906 Beakers Systems.Mc.,5i Cloud.MN ENSWilt Wee rc: c i�v�o °f yvishah vd �Ar. i.,:rl rr rn 111111111111111111111 III 1lPu:1O w111111111 Il tylm"IIII Iui O 2 of 3266273 R 36.00 D 0.00 0 Steve Moreno Clerk&Recorder C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument, 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. S.WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A.To make all payments when due and to perform or comply with all covenants. B.To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. 8.DUE ON SALE. Lender may, at its option,declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as applicable. 9.TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a corporation or other organization),Lender may demand immediate payment it: A.A beneficial Interest in Grantor is sold or transferred. B.There is a change in either the Identity or number of members of a partnership or similar entity. C.There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and representations which will continue as long as this Security Instrument is in effect: A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which Grantor operates. Grantor has the power and authority to enter into this transaction and to carry on Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Grantor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is subject. C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not changed Grantor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and will preserve Grantor's existing name,trade names and franchises. 11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement.without Lender's prior written-consent. Grantor will notify Lender of all demands, proceedings, claims,and actions against Grantor,and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a a,..tN.ck Weld P,.pnees.tic Ceb.do and Of Tart Imeats COMMYescat00a15 10 0 0 044moa3otzloSY °1996 Beakers Systems,Inc,St Geed.MN €4: 44. P.pe 2 111111111111 MI 111111 III 1111111111111 MHO IIII IIII 3256273 01/26/2006 02:16P Weld County,CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk 8 Recorder reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 12.AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them.to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property,including completion of the construction. 13. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as additional security all the right,title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements(Leases). B.Rents, issues and profits,including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, 'loss of rents' insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property(Rents). In the event any item listed as Leases or Rents is determined to be personal property,this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Grantor may collect,receive, enjoy and use the Rents so long as Grantor is not in default. Grantor will not collect in advance any Rents due in future lease periods,unless Grantor first obtains Lender's written consent. Upon default,Grantor will receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. When Lender so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise prohibited or prescribed by state law, Grantor agrees that Lender may take actual possession of the Property without the necessity of commencing any legal action or proceeding. Grantor agrees that actual possession of the Property is deemed to occur when Lender notifies Grantor of Grantor's default and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. Immediately after Lender gives Grantor the notice of default, Grantor agrees that either Lender or Grantor may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As tong as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases,licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep,observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases end Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage,protect or preserve the Property,except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise. Grantor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 14.DEFAULT. Grantor will be in default if any of the following occur: A.Payments. Grantor or Borrower fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application a1 any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Business Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent. D. Failure to Perform. Grantor tails to perform any condition or to keep any promise or covenant of this Security Instrument. E.Other Documents. A default occurs under the terms of any other transaction document. F.Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender or any affiliate of Lender. &ankh.*Weld Poopnre,4c Celoada Dowd Of Most kills COrnaPncba0081510000d014e530131o5Y '1996 Bmkes Systems.Inc..5t.Oo,d.MN Fla Pepe 3 11111,1111111111111111111111111111111 H�Jill!Jill Iill 3256273 01/26/2005 02:16P Weld County,CO 4 or 7 R 36.00 D 0.00 Steve Moreno Cleric&Recorder G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue,inaccurate, or conceals a material fact at the time it is made or provided. H.Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J.Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L.Property Value. The value of the Property declines or is impaired. M. Material Change. Without first notifying Lender, there is a material change in Grantor's business, including ownership, management, and financial conditions. N.Insecurity. Lender reasonably believes that Lender is insecure. 15. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property or foreclose on installments without acceleration. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of Grantor's default or anytime thereafter. If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally entitled to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to persons legally entitled to It. Lender may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth, The acceptance by Lender of any sum in payment or partial payment on the Secured Debts alter the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees after default and referral to an attorney who is not a salaried employee of the Lender, court costs, and other collection costs. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental. Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act ICERCLA, 42 U.S.C. 96O1 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as 'hazardous material' 'toxic substance,' 'hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents,warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,is, or will be located,transported, manufactured, treated,refined, or handled by any person on,under or about the Property, except in the ordinary course of business end in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. ateataeck weld Ptepereas,u.c Undo Deed of Then - ffi*a CD/4x1Pesc,a00a15/000044T/a53al2105Y 41998 Banters Systems.Inc_.5L Cloud,MN Grp' Page 4 11111111►11►►►11►►►►1►II MHO 1►►111►►►IIIII�►►►►��► 3256273 01/26/2006 02:16P Weld County, CO 5 of 7 R 36.00 D 0.00 Steve Moreno Clerk 8 Recorder C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) .there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation,claim, or proceeding of any kind relating to II) any Hazardous Substance located on, under or about the Property; or(2) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine 11)the existence,location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor end any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnity and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust,security agreement or other lien document. 19.INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval,which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause' and, where applicable, "loss payee clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general lability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service,and required escrow account deposits(if agreed to separately in writing.) Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may Bna4Nnd w-P,apanip..LLC Cadent Ord Of Tint Mint C0PLKLPasde00a1510000HTW510121o5Y °lea Banks System,Inc..Si.Oats.MN a, ' Per 5 11111111111111111111111 III III 1111111111111 3266273 01/26/2005 02:16P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk&Recorder include coverages not originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. 20.ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 21.CO-SIGNERS. If Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party Indebted under the obligation. These rights may include, but are not limited to,any anti-deficiency or one-action laws. 22. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 23. APPLICABLE LAW. This Security Instrument is governed by the laws of Colorado, except to the extent otherwise required by the laws of the jurisdiction where the Property Is located, and the United States of America. 24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument is the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 26. INTERPRETATION, Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 27. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required,by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all parties. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property. Time is of the essence. 28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes this Security Instrument and any other documents, instruments and proposed loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any"core proceedings'under the United States bankruptcy laws. Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. Lender or Grantor may seek provisional remedies at any time from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to Lender or Grantor. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among Lender and Grantor involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security Instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Security Instrument or another writing. Bnekfrck Weld Raeen,LLC Colored.Deed DI Tien Weds CD/YaPsscha0a6 15 10 0 004474 0 5 2a121a5Y e1906 Beakers Systems.Me.Si-Odd.MN EactiC Pave 6 1111111 IIIII Ilill 111111 III(IIIIII(III"III 11111 Itll(III 3256273 01/26/2005 02:16P Weld County,CO 7 of 7 R 30.00 D 0.00 Steve Moreno Clark&Recorder 29. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTOR: BreakNeck W Id J.,er LC BY zi Thongs R.d.an, M.•:.i.0 Me. ,:r By HrSii A�aL_ Cath: ine J. ry,Member d B James Gree I Member ACKNOWLEDGME . (Business or Entity) STATE OF COLORADO COUNTY OF JEFFERSON es. This instrument was acknowledged before me this 24TH day of JANUARY , 2005 by Thomas Radigan - Managing Member; Catherine J. Henry - Member and James K. Green - Member of BreakNeck Weld Properties,LLC a Limited Liability Company on behalf of the Limited.Liability Company. My commission expires: (Notary Pu)lic) KATHY L. PASCHALL NOTARY PUBLIC STATE OF COLORADO .IM. My Commission Expires 1/22/2008 ba*N.ct vAM P..p.rMs.uc Geed.Dad Of True L. ls_ CaMlaPacM1eep819100aat4TOa6aa12reaY .1996 B.nYwn Sy.l.ma.Inc,St.Good,MN Eecier Pee 7 itc Las 3359739 II5IIII11111II/2006 09:51A II Weld el CCO lIlt�HI 1 of 3 R 16.00 0 0.00 Steve Moreno Cl,erk&Recorder Space Above This Line For Recording Data MODIFICATION OF DEED OF TRUST • DATE AND PARTIES. The date of this Real Estate Modification (Modification) is January 20, 2006. The parties and their addresses are: GRANTOR: BREAKNECK WELD PROPERTIES,LLC A Colorado Limited Liability Company P.O. Box 894 Wheat Ridge, Colorado 80034 TRUSTEE: PUBLIC TRUSTEE OF WELD COUNTY,COLORADO LENDER: FIRSTBANK OF WHEAT RIDGE Organized and existing under the laws of Colorado 4350 Wadsworth Boulevard Wheat Ridge, Colorado 80033 1. BACKGROUND. Grantor and Lender entered into a security instrument dated January 24, 2005 and recorded on January 26, 2005 (Security Instrument). The Security Instrument was recorded in the records of Weld County, Colorado at Reception No. 3256273 and covered the following described Property: The North Halt of the Northwest Quarter IN1/2NW1/4)of Section 6,Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. Together with all ditch and water rights appertaining to said premises including Ten (10) shares of the Howard Lateral Ditch Company, Five and One-halt (5 1/2) shares of the Supply Irrigating Ditch Company and Five i5) shares of the Ish Reservoir Company and 20 units of water allocated to the.said land by the Northern Colorado Water Conservancy District; also all the interest of the Grantor in the Ish By-Pass. The property is located in Weld County at 17792 Weld County Road 1, Berthoud, Colorado 80513. 2. MODIFICATION. For value received, Grantor and Lender agree to modify the Security Instrument as provided for in this Modification. The Security Instrument is modified as follows: A.Secured Debt. The secured debt provision of the Security Instrument is modified to read: It) Secured Debts. The term "Secured Debts" includes and this Security Instrument will secure each of the following: (al Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 851-2213, dated January 24, 2005, from BreakNeck Weld Properties, LLC, Thomas Radigan , Catherine J. Henry and James K. Green (Borrower) to Lender, with a loan amount of $500,000.00, with an interest rate based on the then current index value as the promissory note prescribes and maturing on July 20, 2006. Ibl All Debts. All present and future debts from BreakNeck Weld Properties, LLC,Thomas Radigan, Catherine J. Henry and James K. Green to Lender, even if this Security Instrument is not specifically referenced, or it the futeie debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in "household goods' in connection with a "consumer loan." as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in 'margin stock" and Lender does not obtain a "statement of purpose,' as defined and required by federal law governing securities. Satirise wale Pigsties.LLC After Recording,Return To. Cuing MM EMS Mecx0000 raw e.v*��n COMNMnma0VU838a00009823006at2006Y 01996 Bankers Systems.Inc..St.CMS.MN first Bank Loan Cioaea.( P.O.Box 151515 Lakewood,CO 80215 Hill US Ell CHI HI 3359739 02102/2006 09:51A Weld County,CD 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk&Recorder Icl Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 3. WARRANTY OF TITLE. Grantor warrants that Grantor continues to be lawfully seized of the estate conveyed by the Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, In trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for 'encumbrances of record. 4. CONTINUATION OF TERMS. Except as specifically amended in this Modification, all of the terms of the Security Instrument shall remain in full force and effect. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Modification. Grantor also acknowledges receipt of a copy of this Modification. GRANTOR: BreakNeck Wei tAyerties,LLC By Thom- Radigan, ing ember By Cath run Henry, Mem. ames . Gree Member LENDER: FirsB ank.efydriaat Ri ge BY 1/ — Jon Halverson,Vice President ACKNOWLEDGMENT. (Business or Entity) L//, OF eJ/J!c c'D, ('ezc 4/--OF ��r e!:Sc�} This instrument was acknowledged betore me this nc� r day of IF.4,ate C by Thomas Radigan - Managing Member; Catherine J. Henry - Member and James K. Omen - Member of BreakNeck Weld Properties,LLC a Limited Liability Company on behalf of the Limited Liability Company. My commission expires: (Notary-Public) f4 KATHY L PPS CHALL NOTARY N PUBLIC STrTE OF COLORADO my Commission Expires 01/22/2010 6.edtNetk Weld Wepwfra.LLC Colorado lies FsMlo Madiiceeon CO/4HMne,up00836500004a130O5012006Y a 1996 Bankers Systems,Inc..St Cloud,MN ExISSZ Pape 2 I11111111111N111111111H!1111111HIE MINI11111111 3359739 02/02/2006 09:SIA Weld County,CO 3 0l 3 R 16.00 D 0.00 Steve Moreno Clerk&Recorder (Lender Acknowledgment) 7 / etc OF 65/3 io t:Are me OF Jt> .YC/'Sr/ns. This instrument was acknowledged before me this 2,O/1 day of filllia dry-. , gy90T by Jon Halverson--Vice President of FirstBank of Wheat Ridge,a corporation, on behalf 6f the corporation. My commission expires: _ / J✓,..y1, I (Notary PCblic) KATHY L PASCHALL I NOTARY PUBLIC STATE OF COLORADO My Commission Expires 01121/1010 Br.QNect Weld Psepert4s.LLC CNeredo Real Rams Medreefen Co/4NMnenep0Oa365000046a300504006Y l'*006 Banker,Systems.Inc.,St.Cloud.MN Ees et'K Page 3 LaP.Owood x151515O 515 1I MI 1111 1 111111111111111111 IIIIII III f'I'I IT IUI 1 of 3 R 1890 B 0.00 Steve Moreno Clerk 8 Recorder Space Above This Line For Recording Data 659 MODIFICATION OF DEED OF TRUST DATE AND PARTIES. The date of this Real Estate Modification (Modification) is August 16, 2006. The parties and their addresses are: GRANTOR: BREAKNECK WELD PROPERTIES,LLC A Colorado Limited Liability Company P.O. Box 894 Wheat Ridge, Colorado 80034 TRUSTEE: PUBLIC TRUSTEE OF WELD COUNTY,COLORADO LENDER: FIRSTBANK OF WHEAT RIDGE Organized and existing under the laws of Colorado 4350 Wadsworth Boulevard Wheat Ridge, Colorado 80033 1. BACKGROUND. Grantor and Lender entered into a security instrument dated January 24, 2005 and recorded on January 26, 2005 (Security Instrument). The Security Instrument was recorded in the records of Weld County, Colorado at Reception No. 3256273 and covered the following described Property: The North Half of the Northwest Quarter (N1/2NW1/41 of Section 6,Township 3 North,Range 68 West of the 6th P.M., County of Weld, State of Colorado. Together with all ditch and water rights appertaining to said premises Including Ten (10) shares of the Howard Lateral Ditch Company, Five and One-half (5 1/2) shares of the Supply Irrigating Ditch Company and Five (5) shares of the Ish Reservoir Company and 20 units of water allocated to the said land by the Northern Colorado Water Conservancy District; also all the interest of the Grantor in the Ish By-Pass. The property is located in Weld County at 17792 Weld County Road 1, Berthoud, Colorado 80513. 2. MODIFICATION. For value received, Grantor and Lender agree to modify the Security Instrument as provided for in this Modification. The Security Instrument is modified as follows: A. Secured Debt. The secured debt provision of the Security Instrument is modified to read: (1) Secured Debts. The term "Secured Debts' includes and this Security Instrument will secure each of the following: la) Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 851-2213, dated January 24, 2005, from BreakNeck Weld Properties, LLC, Thomas Radigan , Catherine J. Henry and James K. Green (Borrower) to Lender, with a loan amount of $500,000.00, with an initial interest rate of 9.25 percent per year (this is a variable interest rate and may change as the promissory note prescribes) and maturing on February 20, 2007. (b)All Debts. All present and future debts from BreakNeck Weld Properties, LLC,Thomas Radigan Catherine J. Henry and James K. Green to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock' and Lender does not obtain a 'statement of purpose," as defined and required by federal law governing securities. Breakneck Weld Properties.LLC Colorado Real Emu MOSliceaon COHANEacobe009371000051e7005091606Y °1996 aankoa Systems.lnc_Si.Cloud.MN Ea Papo 1 , A I 1110111111111111111111111111111III11111 3415659 08/29/2006 0456P Weld County,CO 2 of 3 R 16.00 CO 0.00 Steve Moreno Clerk 8 Recorder (c) Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 3. WARRANTY OF TITLE. Grantor warrants that Grantor continues to be lawfully seized of the estate conveyed by the Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 4. CONTINUATION OF TERMS. Except as specifically amended in this Modification, all of the terms of the Security Instrument shall remain in full force and effect. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Modification. Grantor also acknowledges receipt of a copy of this Modification. GRANTOR: BreakNeck Weld erti ,LLC By Thomas Radigan,Me By Cat -rine J H ryl,Member By mes . reen, ember LENDER: FirstBank W tAi g By C-4 Stuart .Wright, enior Vic r s ACKNOWLEDGMENT. (Business or Entity) OF (raid ratio, wife F /Pr P/cSahss. This instrument was acknowledged before me this G`in- day of s-' , o2dc�c, by Thomas Radigan-Member;Catherine J. Henry-Member and James K.Gre n-Member of BreakNeck Weld Properties,LLC a Limited Liability Company on behalf of the limited Liability Company. My commission expires: — - Cc✓l'y�LGci (Notar Pt KATHY L. PASCHALL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 01228010 BreekNeck Weld Pt.PRkea.LLC Colorado Real Estate Modeo'ea COMANEmobe009311000051 BJa050e160GY 01996 Bankers Systems.Inc..St.Gaud.MN F hoe 2 I IIIIII!MIME I'll 11111111111 IBM III irnu u n ii► 3415659 06/2912006 04:56P Weld County,ILelder Acknowledgment) Sfa>e OF 6S/ara /j, L'vc r- /of f/4rsd7__- This instrument was acknowledged before me this /Stet- day of ....."51ze, rst o2Od(o by Stuart a Wright -- Senior Vice President of FirstBank of Wheat Ridge, a corporation, on behalf of the corporation. My commission expires: I INotary licl KATHY L. 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C:_i7 u...4:_:........._ 'ti,1-i k.2�'Y_.v-ft✓G 1116-.,ate .., , ,_ , _ _ 90_( 1 c1.aril.1.e.c,„t /.�t L. ---._ ...Y —:,1<:,„,..L------. - yin,..._ IS-. - .1-7_, LL.-.-.,-11t71L..Jr.rlu�..r/ :_j: .1-_ - . . } L ° ].-1 rL L G 1 L,Ticipd 2.,.111 ,t (/y�, �-4-t- c"`� Y 1y. �=::,c F , .7i 1,11tri l.i l� JJ...l L a�..,�..Lx.a , C�11t � uL<�1.-L..+.11yfiy---r�L.�.(/ ' P '1, �.:�.r'u. k'. a v- ({ �.�,� :�SS2„tL,L d 7�D l w r� g1 l t r q1 j te r'* �.' z +•- .,.:,.�- ._ '-- t_, a�' r ;. L, rL, t om Air'iryY1I> K bK� r II- HOMESTEAD PATENT`. tf,e. I 1 g' �. TIte Ciflitcd tatrs of 3tncritbt, ` g.lit oc,, : , t°t To all to w en Whom throe Prest.Anil tome,(/ItE TINOI Ol}.t ' • 71' liomeatrad Certificate No. J. tA- ❑rant-al Cs ' AGPLICAT101t s' S,, 1rre8Kr There hots tarn drpnxltn! In the G,urrnd Laud rlgler,f at, } 'i'iitw si � ' i} raik.1S.rtrs it t'rrfrprnlr of Me G.-girder of 7hc Land Of!rr at___,.......,,,,-2.•._.-,__r_r .•r r..A0 ahem., PLIC/ !'n slat nr. '' • t atq.arr that.p..ra.aet to fk del f rongrrrr.pprernl-.eh.Una. 151::, "TO SECURE I1AUESTE.IPS T/1.11TfCTL r , SETTLEES(LYTIlE Yf7:LIC 1PJ.1I.1Ll;"and Ike arts sappkmrrinl there/,.the einim o/' f. 4 I _ ._ jr.tax:, ,ra;,_,_ - ._ has brew slnblshel r net duty roe mutrtlnt.inr.afnrade gel a,f Ibr 1 rr di Y z..e It /rte•`.,•.1�. • i /f • /i .%tr.(f j" 'Tg ,✓ Y IS .i r,/rff. //:_ /./..; )7 err.. -; nf 2/Irtr Arn,t rf /.r.rr. III . .4 r:. Af .r ..rivr;I n. . rt �.rl Jr r,�F r. rare ....r! /�• �.. 1�11 r/.,<Y///•/e .. .r. .,i 1 I //:rt ....Z.4‘;•4 b n'IFj33{�i II tI 4 , . T ATLii • -NO 11 • 4I{ }! 4 i l' i orranli.j is the Ogirint lint of the Surrey if/he said land, nourned to the Ornnwl Gaul O//ke by the Surrey.. ,,,.,..„,r,,,,2 r,•+i"i)' rr l: ' General: General. 1 ' y ara i l w Nair Goes.' re That Meer is. therefore, fronted by the tT xr IT D D ST S.T IC:3 unto lb.' ntol an ,O E. '�• ___the tract of Marl ulnae deserihal: i I To Nov mesa to Hoke IMP Sah/Inset f Lad,grille the appurtenant../hereof:unto/he said... To Ilnv ti ryfl�rl !/ J - �I .___ 1i.<//YY -.;;—..�•y ___ nnel:c f<„ _./miss and assigns lnrereri salted j�t n. any rested and n err,'l inter rights ... _ .. {I hts for miaint. afrieufluml, manufacturing or other purposes. and rights to 71- -. .. j((I l .tarher and rrvrr..ira used in rvmnntion frith sack teeter rights, as may be "rn'o izat and acknowledged by Orr difrhrr nn. L eal wsloma.Ian's and drelaiuns :' � � of Carets.and also wltlsat In the right if the pmlfrlalar of n vela nr/ale le.tetrad !rant of elm 1 f and moor.AL tor therrlta,n,should the same be found to;';f� r f penetrate or lnfrnrrf Me perm lsu hereby :main', es and r.o...r, p led! hw. ! �� prnrulnt be i/r f� ia TnUmoa T R'Lrrrof.l. 12cts.fiat eft IjynrA....•nn: _Pmldweortho Tnital Mateo at AnariCa, It.Tr. f lair roused!Arse letters to be made glen!,and the Seal of the Peanut Land Office to be herr•nafo nflLrraL burr eaosr i f�f1{ Ohru ander my hand of Me Clip of i ashingl r,the. ✓/'4 ct id/r_/.. / 'Hi))( • day f__ .1 __, i .GEN ._,is Ike year f our lord one thousand eight � a} ' �+'c Aundnrl nnd_sv.. ✓��.r-.___, and of Me Independence of Me Uailyd, id 41 1 '� .A �� Stair,the nun klandrr&c/all-s!cL/.wt./jaJ,a/ +"mi• {�! I� 4 O.. 4/1 Hl'Tl/KI'KKS111KllTt.,..Frr//srew.sbu:.rdkyyl,,Fµly� ,, {' yp} rA: I lTy__frU.ewlllu�anlrr.at� larary ` rril ! - i-2 l-."" "•� — Oe. derftke General Land Ofea . (11111 K.rvded, 11.11.___—.rage?j.•el _ i 1�,1 Ito i puled fir lintel ili T4--_s_. ...... 1 il 40 - _ r- ----._ . 1 .71.✓n(rr,' -day 1 f�'� :.._._..,�,IA ld^,f,M r ..relrwk tly.Y. • 1!!,l ti_-rte, - -- - ter-•- -..w__., _.. _Le+.tari`WMMvVYraSii"aw +1-LGIiGiCi�r".a." �.•L. ':`• •_ ...f^ �.Y".. AR2239296 B 1268 REC 02239296 01/24/91 10:16 a 10.00 1/002 F 0506 NARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO NOTICE PURSUANT TO §9-1.5-1(13, C.R.S., CONCERNING UNDERGROUND FACILITIES OF UNITED POWER, INC. Pursuant to §9-1.5-103, C.R.S., United Power, Inc., formerly Union Rural Electric Association, Inc.,hereby gives notice of the following information. This Notice amends and supersedes the Notice filed by Union Rural Electric Association, Inc.,on October 5, 1981,in Book 949,Reception No.1871004,Weld County records. 1. United Power, Inc., owns and maintains underground facilities within Weld County, Colorado, for the purposes of transmission and distribution of electricity. 2. The general description of the area served by United Power, Inc., within Weld County,Colorado, is as follows, to wit: All Sections of Townships 1 North and 2 North, Range 63 West of the 6th P.M.; all Sections of Townships 1 North, 2 North and 3 North, Range 64 West of the 6th P.M.; all Sections of Townships 1 North, 2 North and 3 North, Range 65 West of the 6th P.M.;all Sections of Townships 1 North, 2 North and 3 North, Range 66 West of the 6th P.M.; all Sections of Townships 1 North, 2 North, 3 North and 4 North, Range 67 West of the 6th P.M.; and all Sections of Townships 1 North, 2 North, 3 North and 4 North,Range 68 West of the 6th P.M. A map showing the general service area is attached as Exhibit A. 3. Notice is given that United Power, Inc., may have underground facilities or may place underground facilities in the future anywhere within its general service area described in paragraph 2.above. 4. Anyone concerned with the location of the underground facilities of United Power, Inc., within Weld County, Colorado, may obtain necessary information regarding the same from the following person or persons: Name: Monica L. Hansen Job Title: Right-of-Way Specialist Address: 18551 East 160th Avenue.Brighton, CO 80601 Telephone No.: (303) 659-0551 1-800-468-8809 Notice Is further given that in the event said individuals are no longer so employed or retained, contact should be made with the Engineering Department at United Power, Inc.,at the same address and telephone number. SIGNED AND SEALED this 21' day of :.F.•<r,,:.•c vU >1991. 0 6 UNITED ER,IN B Davidl.Donnell,General Manager STATE OF COLORADO ) ss. COUNTY OF ADAMS The foregoing instrument was acknowledged before me this 21"t day of ),;nun,- 1991,by David I.Dunnell, General Manager of United Power,Inc. WITNESS my hand and official seal. 6`fir. .--` ;' ; -1GTi e% Notkry Pdbllc a(c4'.t%.D$Tm & expires /1-7?-? 1 op 031: ina a OJ''1 i �""--Z- rz..,,,, gaCrie yytii 3 'X 1. 4 F .: E Cnom'y..,II��? e6 �..,I...l,..,lu.f,.uri.q, Ir- . Q x � NO o U s ' WI _ o i xl I >.,-,, X o W •. 1'-ILI _ _ - o� I as ( • - I o�w 6-1E 41/2 T = I �►s ,_c O _ CJ r W c y LO a it v- o � a( I Iei 14 I t- c.3.: } ell w • • .,a I - • --,c - a. - o N N J V a \W .-f F C . W I f::: oa c wco e � . ■ CA W - li. 14 Y M Z IIIt lilt _ O C...) CC �t� a w 2 �l o r E ■ 11 2 a 0 CO rCO O • h y CO W rm - ., I i: - :+ ` ! I I :: :,I � . - ell e "Gti I �. . a w_7 is ..Ii 11..11.l it 1111. II.i .1111.1� ill min Ilium ii - .i ;al iciti7 Y i 0 7 EASEMENT The undersigned, Abe Gettman, hereby conveys to Robert Dean Whipkey, an easement over and across lands described as follows: The North half of the Northwest Quarter of Section Six, Township Three North, Range Sixty-Eight (68) West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as 17792 Weld County Road 1, Berthoud, Colorado for 10 inch PVC water pipeline. Said pipeline runs from the East to the West across said premises and is underground, except for approximately 300 feet on the West end. This easement shall run with the land. Dated this as day of )4AWA,c41 , 199 C /'777. paw_ e Gettman STATE OF COLORADO ) :ss County of Larimer ) ,tbThe fore 'rig instrument was acknowledged before me this ap iday of YaycU.e y , 1997 by Abe Gettman. Witness my hand and official seal. My Commission Expires: 1p 7/kk)✓ 4J. Typ J¢: � 1i CC i1 " Notary Pub is iN ' 1 �TFOP CO`O�r, 2531391 B-1589 P-675 01/30/1997 03:38P PG 1 OF 1 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 I 1151111111 II I IIIMIMEIuI 0 u b lip Sit iil 1 i I_ 2i 1 be- F .Cli e a e e 'ie"i ! It: —d • t , iia S s ffE c X,i9 , Yy +� IN; .X ii i bt 13 % �dl�' •1 A b ilei , i - ! ss . , . Ofli bi I gill i l 1 S p i ei, I _ sin i7 , ; X 9 !pi N I4i -_- da B R IV' PII 3 l $ iyi , 1571( i , se • ! iii rIt g eiX. ; i Ili Pri , 8e W • Z O Nai 4., 2.; VH , 43 w i a i7 lais ! gl 9 a X - 'g; iR EXy �� -4O1; _ 1 z ,-: ' i Ei il 7 77 ,�3 ; e +�! @ ' -- -._• yyE,E rci= .,,:, c:f 9 , R ■ `' ,e X i 1 1 iii Ri .a - gibii i} 1t.iii 9 . . 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BreakNeck Weld Properties, LLC TO: Kim Ogle, Weld County Department of Planning Services FROM: Tom Radigan, Managing Member RE: Case # PZ 1097, Keller Estates-Summary of Concerns expressed by the County Commissioners Resolution for Change of Zone dated 7/17/06 The following defines the summary of concerns identified in the County Commissioners Resolution for the Change of Zone application for Keller Estates dated 7/17/06: 1. The applicant has provided on 12/14/06 four copies of a pavement design prepared by a professional engineer to Public Works. 2. The applicant has provided on 12/14/06 four copies of stamped, dated, and signed final plat drawings and roadway/construction and grading plan drawings including construction details to Public Works. 3. The applicant has provided on 12/14/06 four copies of the final plat drainage report, stamped, dated and signed by a professional engineer to Public Works. 4. The applicant has provided on 12/14/06 four copies of a construction detail for typical lot grading with respect to drainage for the final plat to Public Works. 5. The applicant has provided with this submittal four copies of the Improvements Agreement identifying the collateral intended to be utilized for On-Site improvements. 6. The applicant has provided four copies of the Keller Estates HOA addressing septic system protection(7.3) and interior road maintenance (7.24). 7. The applicant has revised the Final Plat Map to include identification of the interior road as Keller Drive and the proposed street addresses. See attached email from Lin Dodge. 8. The applicant has spoken to Anna Mary Weber, Berthoud Postmaster, about the street name Keller Drive and the proposed lot addresses. Ms. Weber had no objection to the name or address numbers. Her response is attached. 9. The applicant has submitted four copies of the proposed landscape plan on December 14, 2006. 10. The Final Plat Map reflects all easements proposed or existing on the site. 11. The Landscape Plan submitted includes WCRI intersection sight distance triangles. 12. The Final Plat Map indicates stop signs and street name signs. 13. The applicant has included in the Final Plat submittal final drainage construction and erosion control plan. 14. The applicant has included in the Final Plat submittal fmalized Water Service Agreement with LTWD. Page 1 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/4/2007 BreakNeck Weld Properties, LLC 15. The applicant has contacted St. Vrain School District and indicated that cash-in- lieu fees and mitigation fees for the eight new lots will be paid by lot buyers when they apply for building permits, as is the standard practice. Page 2 P.O. Box 894, Wheat Ridge, CO 80034-0894 2/4/2007 KELLER ESTATES PUD Developer Breakneck Weld Prop Case It PZ-1097 (avenge of Zone from Ag to PUD) 4o Tom Radigan Planner: Kim Ogle PT N2NW4 6-3-68 ZONED PUD/ESTATE NOT IN FLOOD PLAIN (0725C) NOT IN STORM/UGB/IGA/MUD AREA RIF AREA #3 LITTLE THOMPSON WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS PROPANE POUDRE VALLEY REA QWEST ST VRAIN VALLEY RE-LI BERTHOUD FPD BERTHOUD PO STANDARD ESTATE ZONE BULK REQUIREMENTS 9 RESIDENTIAL ESTATE-ZONED LOTS & O&G PRODUCTION PRELIMINARY ADDRESSING 1/29/07 (UN DODGE) Lot 1 17793 KELLER DRIVE Lot 2 17799 KELLER DRIVE Lot 3 17805 KELLER DRIVE Lot 4 17811 KELLER DRIVE Lot 5 17818 KELLER DRIVE Lot 6 17810 KELLER DRIVE Lot 7 17804 KELLER DRIVE Lot 8 17798 KELLER DRIVE Lot 9 17792 KELLER DRIVE (formerly 17792 CR 1) Lin Dodge,Building Technician Building Department 918 10th Street Greeley CO 80631 Phone: (970)353-6100,extension 3574 Fax: (970)304-6498 UNITED STATES POSTAL SERVICE February 1, 2007 Mr. Tom Radian RE: Keller Estates In accordance with our meeting the review of the final plat map of Keller Estates reflects no duplication of addresses under the Berthoud Post Office delivery scheme. Please submit this to Weld County for their records and Twill submit the addresses mentioned in this plat to the postal date entry bank for processing. Sincerely, a aryaleber Postmaster Main Line Water Extension Agreement / t ThisAgremanm into oared ois a8 awed ra,Vai.Ja68,e 2094,by and baleen LITTLE THOMPSONWAThRDISfRIC L .._D_called the t5tiersod alfe9seie& Leka 4nF/% ter haunt called"Customer',is upon the following tams and conditions,to-wit [[�� 1. The District is organized as a special district under laws of the State of Colorado saving treated water within the District es may now be established,or as reiefr established. The Customer is dthc a taxpaying elector within the District,or dean to receive water service and to join to Dismet 2. The Customer desires to oat ear service feria'sprepaay'deo:r adn8isAgremsat 3. The Customer shag p a fa and provide all water alas either within a without the batodasies of the District in ode to provide water eavice to the may;best be Dada age canard mid rains,or the Dana say approve cesmactioa by the flan..s or the Customer%astaternpoa tea aprovdlyttltddia A. The District the ears of sit issada'— maimms to the antaide wed shall meet all sheaths of the Diarist and that provides for ietpe imby the Dand die osmaatisofJade Stria Thecostaralemmweieeshallbepaidbyie Colima bteEGtrirt. B. A deposit in the amount haeinatier provided shell be paid by the Customer to the District san advance towards the construction cat arta iwdet thrall i era. ariaSC._of ta a4_- J—-by the flstict,at]adjustinait of cape will be made,if neee>ay. In the event that k h det fined that ire deposit' is ioslficieat to con tiro estimated met of attnniai,Si the t -shall to Ibeiict,ourdemand,adhimmaladvancestowardsthematofaamactim C. if the Mona—is aamased by the Ctimlaq a the Canoes caracter,the Costumer shed a.....S all right tide and loaned eel in d to the theta balled s well as camas-sad appasaamee sad otter may property rights to the District by good ads6aistsig—'a'bid aisle erases!ws®tydeed. Swab teethe sibe made free sod clew of all Bala neamlaaoes,and the Cuathser sail tat Wain enlace afflleaa'lam l00"tidepolcy Wreathed by' the Dam The Casa eked frisk ask®.'s Sea tams a[a aged ad Bedfast pedorniaoa at payment band i--'in the f ---a-Illerhaie,°sLienlawinordrerasethaallan cabeenpaiditfSL All labor and mama shed be waited for defects army had by Clan and Costumes.semis fr at year fan the date of acceptance aback foBtsbyte airs eavpmoa OEM faciBies. 7kaDidda,area tace`pt of the docammts of trader ad evidence eta eked stanch whether to swept a reject the iarmdaion. If the Casa has complied with this Aroma ad dl otaMaths preceded t the mptmme&tef ties,the District dal;grove and rapt the nailer sod shallmas9e meat opera=arlresiamee:aft as. braes want saltheDimictaawmowmamp,giaetima rentseaee aft*alibi=ea lies service side ofthe_rtaiag aadaimfertiepeapay. 4. The District em pawk a mastke a accen ace wit is it ad agahlims ad fro assign parades as now adopted or as may be herather adopted by the Dina TkeOman hmllo®ace payment dedahabed rafts a the Dada,includes minimum feat,an the date fieael�mafatapad water is&nibble for nee stthetg 5. Throida,penal tthetas fthisAgamstwr7ady beebread t menthe top sizeMemmireAgament 6. The tams of this Against doll apply to Sr pspaty demised keel,ad the tags here a6rpavided may bead only upon said propat'. The peas hereto esterase die Agreement ebdi eMaeda,pemslrepayandataedpeopaly. 7. The Caftan skadpgeide the Mad wide an mart caw artafadpiaitrieprapegtheservdbyteDioia. lithe pia mast be spayed by the Caw Graham mareomdedcopy tap*with Se Chased Baader athe Colorado County in which the development is shusedatetbeprovided to the District. & Caner hereby gran the Dalt(aright t mama Skid dir(' at Seaway sbaea demonised toommnct operate and amain the f-__Lastly deed,together with la fall sight of item at gas,, ad to at ad at ma ad . shrubbery to the etas[ssesay. The(s— abr ad covey to to District all actors raged by the Disia,and.Poe Dhlrimsad not berammislefraeydshpinrwidmsaavioeinthe avast Wean pa.aemaieasmis, poathe:®ae,faun povide ammente roe, ' l by the Marks will ea S Agar to bat a all ad laid ad Sag father face sail effect,and the Cams shalt forfeit akamaar artists thaaoimetradmadbtoDisriet. 9. The thatties'ka®deacated am agiad by the Comae by alas herealler sad. In the east the District last the faa'lity,the District shall mearceslied genceinprovidngaidartisbytlrtdla lead fmfl rat .a.l braise of act Of God, govmmoaal athmiy,achoe of the ars,aeddst sales,hba tea abater to secure mesas a equipment a any came beyond Poe unstable osad of the District eke Delis sod not habit tkadsearis omegas awed tbmby. Id. In the twat SDs's ctiwsdsthefddties,theDadaandalaithetag dada henna aasdeae with good engineering adios ear the Cameras eaekdthed property La,cat saga alleys and came tfadgadeadgiortthepavingofstrea and the ammocbaa at ad gags. The Cann std amass ass the Duda fr aay manse tae to adrequat dimes by the Customer. 11. Watts sake shad be pawided to Caaam looted within the property a the Diataet's apps de rasa,ad spate=and candid= now it effrt or at the its adder a teems ad emdtliaw as maybe bendier be adopted by dip Duct and upon to role ad regular as IOW atehabed or snag bather beaakLidbytheDLeteict tio water service raaybe obtained wept upon property included widen the bamdaus eta D'soa Coarser agrees dint aeta anon d allbepainedtoawaterprovidedbythetips ha®deam'IrB. 12. In the evert that mot of the water mains is act cmpktedby the Cashew orthe Cm's caans an or before 2 years from the doe:of skis Ago meat,then this Agmmeat tread became anal ad void. In acct avert to Dale' may set off against the deposit bad provided for lama at tame ad rats the balm ens deposit Wray,to the Customs Customer apes to pay all expense incrrcdbyteDistrictinernesofadrdeposit 13. (Delete ifaapplieda) Ireatto off set ae cost of watt to apply the property arab.+1d,the Customer spas to sell tothe Diaahl the—ter of aasthotanita of the Northern Cnlando We Cansavanay District,Lacked,Colored...water tats at the amountfoeea ratit,ireiater des cola Canner nut roma ask*sr moth mils tansterred to the District,b tflr$talvaleof sorbrtmade sae&iollbeappEedbthri ladcesYlthhedby the Diadyim the dateofms autionof each ssusitttap. 14. The Distpi egrets toslawastalaliveMaesaberaftepsiaetsprovidedwl tthoadsathedpapaq,ad moth tap shall not exceed inches NotapswillbesaandlytieDatdetrillallofSeteaseaalaadisiosofthiApematLasebeenthlfledby lit Castram adsdegta rte Mae abose-desedbedwater hta The tips way not bead aasy prepay Garda that denthed herein tarn the eapses pier a noasestoftb DishicrianchSasfie- Any sat trait Bal bet mode to prepay osaedbythe Customer,ad tai pm eet_and tie Cosiewe_ahsl stet aH isls,teedar'ans at no emeds of the DiS Llama to adise a repeal I—'-- Amy mat to mesa a tap option or water riga=Mt sea this Aemment,whether upon the above knedbed property,a at aay other phis all expire ad boa a T at void 20 yea ha the date of It Ararat Glstamr may not amber,man orcalla*assign theraps wawa Se pier atm cant°fibs DYishietthaeln la alother regrets the ape or water tights awash&betsas dospmaolpeopedy. 15. Bewaseinealidea of cabin fraidee to Schein thumbed away awy benefit popes*owned by other Camera oftheDisidra,the Dead -toieCanerspanneaptafafallypailtapfeefatakarpsgbaesaepropertyntiododedwithin should ion the m w desorthed peas ane ed op am m wit to midlands*with the Data lain and Regmbtions and the CustomerpadtneaftheathamsoimedRo sandRegdali at. Yiaspertia hereto agree 5 will be made Sr a period S'S yen from the date of this Agreement ad tat span apiafsa of aid 5+yeer pn iod,the District shall have on further°Vegansfoaahrnfanda 7laetaialmaest aft,top newts w3 not®taadtheGliasees cat fortasimrsoveame • 16. TheCustmerapestoabidelyalapesealtehedadsdsaadregnLtsoftheMaiotssowada liabedorasany brat be estabiiabedby the Dino& Diana dslaot beadle far soy Wayadseefa£. todelmerwaw as yremanballinglaaont limited towin riot,ioaeetoe,Aa*atGnd,arLeab afalseftbswsermat. 17. No ages*armpandet aftheDiaeimatiepowerbesaad,modify abet or wean provides ofdeas Agreenwet. Anypa®n, agrearmasarammataions � made by at ornot herein l oft Dinanhsetforthd be void sod afnofmtharite trod effect. 18. The Customer—=deankeraapesstatalamosteitsaaateeteasofteAgnes,swelsalfara ten,tot,pomades,a caps 1hr sakes,program or fete fareie d by the dart osatkole apealed dm a the papaw beam.L-II--J,and that sit Son my be foreclosed in the amt seer ea provided by a has Mee State of Cathode few the faadoaae of mechanic's lien. $32-1-1001(1)Q, CRS. 1973 (1981 Aaseitme). la the eat(.loos_fa&to abide by ay of the teas a amid= of this Ape®st. (boomer awes to pay al costs and erpemes rased 1y the Data a a mat of a breach iaeeamg last and oomapmhi doses,ba ofranae,damy fee,cat me,aspat wanes feat era other expenses. 19. Ibis Agreement semi be' tLg am ad Ws to 5beneFt of the hags,pmt repaneniatbec sa#ms aad assigns of the patties bade. Exalt s provided bav,t1'. tameray not signal wary pa ofaaybantifeAgreesaptto any perm. IN WITNESS ,armies too baronet _-_a SaSsy atyca fiat alien w CUSTOMER. BY By46446D--" q r. Maly Adam �z i&o� t9T eaglbyLTWDj°�ofDrodoaac 4+1,447--,41 ss ea toos7eA 4. r/Wr Tt SOS fl7 '99 1.) Real BttateDaaiptou for Apeman ea ) A a�ifei'e! o#C XAw� S-Wa Z a✓17. /I✓ 'V %a.Ana /4 ode SFC7 o. , d, 7&&..ovate ate 3 n oiE72' lPRdeae Se !✓6ST of 6 7W Prht_ LoaCYova R b,i.PBss : /7YPe2 are,e1., d ermne , 90 AtPS/3 2.) AnwamtafTkpoit $ 1) Date Customer needs facilities: 4? "CuQ so e. 7 //�``''yy �1 4.) Number of Northern Colorado Water Conservancy District units hanafeaed to District I t a . 5.) Price pa-unit of Nathan Colorado Water Conservancy District water: 6.) Tap Sine: 5/8 x%inches. r� 7.) Number of tape to be installed d NtAJ oa 'e c)c,- r7. . . 8.) Plat Provided? rYs No 9.) Number of new fire hydrants: 104 Fez for hydrants: $ `11AS ENCQ7EIRINC 3138 South Halifax Street Aurora. Colorado 80013 Tel. (303) 517-4642 FAX (3031 617-484.2 Mr. Kim Ogle February 3, 2007 Weld County Department of Public Works 111 H Street Greeley, Colorado 80632 RE: Keller Estates Utility Design Certification Dear Mr. Ogle: With this letter JLS Engineering certifies that the proposed water distribution system, for the above referenced subdivision,has been designed in conformance with the Little Thompson Water District(LTWD)rules and regulations governing the design of water supply systems for single family residential subdivisions. This rural subdivision will be supplied with water from LTWD via the designed and approved water supply system. The sanitary sewer system intended for these large rural single family lots will be via individual septic systems. It is understood that the design of these individual septic systems will be reviewed and approved by the Weld County Department of Public Works prior to being constructed. If you hav�uestions please do not hesitate to call me at(303)667-3612. P,b RFgis T }jrigtS' .•tiwe"'. <`�',), E $eerinie:-% o"'C�' Ste e i c.„Je rliig r SS/ON AL F- -, File:C:/Land Projects 2004/Keller Estates/Docs/Utility Certification-02-03-07.doc Report Dab:011152007 10x01311 C mum rituASURFR Page:1 STRIEMBIT OF TAXES DIE SCHEDULE NO:84715286 ASSESSED TO: BREAM=WELD PROPERTIES LLC P 0 301C 094 WHEATRIDG1E,CO 500340094 L�11.D�CDpI 25478taS463�D1R4SJ%17792 WCR1%$I Utt17TA21CRWELD00000 PARCEL: 120706000004 S1Til1 ADR 177921 CR WED TAX YEAR CHARGE TAXAMDIMT Mini:MN FEES PAID TOTAL DIE 2005 TAX 131902 OAS 0.00 1,519.02 OAO 2006 TAX 1.45104 0.00 0.00 000 2006 SENIOR HOMESTEAD IMPIIDN 455.06 1305.88 TOTS.TAXES 1AMAR GRAND'1OTAL DIE 000D THROUGH NH SS 1,003.8. ORIGINAL TAX MUM FOR MIN TAX DISTRICT 2314- SNalIyY SA TAW A tm* Mea *dual Paaa ed WELD 18.104' XMAS AGRICULTURAL 24371 7.070 SCHOOL DAST iffi1J Si,015 74396 AGRICULTURAL 1301 280 NOW WA1El 1000 10a AGRICULTURAL 151,900 12.200 SYW WATER 0214 4.19 LPN WATER 0.000 000 TOTAL 178,679 19,560 BERTHOUD FIRE 13.774 BERTHOUD FIRE(BOND 2014) 8,E 29.84 SR DCHIPT 70350 6.101 WELD LAMY 68.79 TAXES FOR 2006 74,516' 1.46894 NET TOTAL 702,029 13459 'Cm&Lew TAX LEIN SAW AMOUNTSOR70ADVE ISINOMO NrWARR1 T C MAY UBJECTTO GRANGE CUE 70 DTI E TPE THEMURERs ante you.mum BE coarracumematToRmeneMentilapiamsemstumit wiaa sesiMd17YMIDMIGEebel$-AuGu 1, REAL PROPER1Y-IWOUSTe. LRIONMI0E nine PION A1 afeMOv ease QGM@Jl6arc. P.O.Bean Granby.CO 50132 (970)Minns ad.37aS JAN-15-2007 HON 10:47 AN FAX HD. P. 02 • Weld County Traumas PlisOaDt 10 the Weld Cab'Subdivision DO issued by the Weld County Tom.,are evidenceeoof the stathe g t(s) ll Taxes taxes;special aid prior tax liens attar-bed to dais(thew)a s). Current year's taxes are due but not delinquent Si :- J Date: �7 . a ` . `aid County Planning Department GREELEY OFFICE ' :, i 1.,/7. .. h �. ' REC EIVED I ti ' To t imOgle',1! inthg„ DATE:24-June-201 ,, SUBJECT:11 1097 rr _' ArmorSubdivision(Sketch Plan) eld County Public Works D'epa bit nevi*.#1101. fiketeli plan request Vie,during this phase r the subdivision prtmeas may not be alEioeluaves.as,oltier concerns or issues application process. ma3' apse-during the reoaiitrin General Conmwahae a The.1€elIerEfitaiesMinor isp�ed�up1o2 ysaidaslalbuilding sites, .: 0 . The GeotechnicalE> Rdsmr-ddler&swstaReail6gfal�a—Weldcounts..Colo„sdv,datedMay23,2005:b' Tei acorn Cow g & .(PlojecrrNa 2205 5099}is o The applicant sboukli tethatdrilledpierfoa for nearly all of the houses. Eft Roadways O This devc ,,..1t Base Will d to esapoest opl d aleSiehip 'per day to-the off site roadway system on Q _�Y atraf6cstadyiscuarotlynot, - ntint and anticipated lin °rdt'°°�pact°ason og.roads, • n a CR 1::is classified,by tbe-Colmy•as a Aallentor road(vf Roadway C. ,-per. ,fie 2002 -'°L„- ) edjacert to the proposed development nequiri gtin-RR. •r cony, - p&esa shall verity to wrist*ro=of way'and the documents b7, R .final ciettingthplet of way shell be aS ed at the change ofzone plat'gift,right-of-way cannot lie verified,it will be dedicated on o - ao �i;crying of thisderdapoaiiapasadandMak th jw ian/srmiilmanoeofWeldCounty. _ ,Iatomat Roadway y a The dedicated to f interstraiiclWarright-ociiray Sall be sixty(60)SeSS:MA mdo eol,daaua with:a sixty-five(65)foot radios, and o The typical section oftmeiseroadWeyillield lie shown as two 12-foot paved'6ms with 4-foot gravel shoulders on • the change of t,gl� nt zoneplethat applisighit proposed'paving. The -edgeof pavement radius shall be fifty(50)feet - . a The appliiant shell'pie es pavementde*gnl edbyalrogeseseienginecrsaimitsedwiththeTuralp/anmaterials. CI Easements shalt:be shown:.at the final plat M accordance with County standards.jSer..24-7-60) and / or Utility Board Baas. a lmereechon sight nt )wilt be required. All within the triangles must be leas than 3%feetm the , .roadwayP . a The a ppliCasthell s i o** W�s f+'n�led datedToal:pletdrawi�;�wayi constmction& grading plandra taatpT spplaationaidap oval. Coriestgast Ontzuctde, lk be included. • ci s>Ba and street namcsigos will be:regrmed:at all intersections mid shown as a signing plan on final roadway plans. The �fCD)shall gov&iilti'.gmne.plan. P....Lan :7.••• r7. rrYr' -r P 1 }t'1 z I kt T t... r.4r +ffc�' !� 3 5h FF , .,'- ,,, x ti� .s .-w 4r c .. '.. . + a V } -< p t, s ri.1.flit M S' 1 (TT Y "'1'y. 5. y L2P' _ 1. n .t O. t d U} Sys i t v' 't[Y „� X �W t: `cSxI A , T' I;,.f i':4—,.. 'I ! ,. I t.,. 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Z t er a T-St`Yv • i ' .'PCb }r IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEM ENTS (PUBLIC ROAD MAINTENANCE)THIS AGREEMENT,made and entered into this day of ,200 /,n by and between the County/� of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County," and 44)/4 keyf.C WJ�,hereinafter called"Applicant." /1(Z 00,0€,-Cris GLLe WITNESSETH: WHEREAS,Applicant is the owner of,or has a c ontrolling interest in the following described property in the County of Weld,Colorado: 0.20/e77.„/ /V D/e77/4/ r /s7L S'E'C%o n. 4 %o o_misiV!/o 3 /uoGL/N ,e474/ e-,e474/ e- lob' 41E'ST • o , ',s'e /el°- / Co4.vTy• olrk-le/ / 6 Lo2Ad WHEREAS,a oral Subdivision/Planned Unit Development (PUD) Plat of said property, U be known as TFS has been submitted to the County for approval;and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improve ments Agreement guaranteeing the construction of the public improvements shown on plans,platsand supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and "B"of this Agreement. NOW,THERE FORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering sery ices in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform a the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to, surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the S ubdivision o r Planned Unit Development to the County for approval prior to the letting of any construction contract Before acceptance of the roads within the Subdivision or Planned Unit Development by the County,Applicant shall furnish one set of reproducible"as-b uilt"drawings and a final statement of construction cost to the County. 2.0 Rights-o€way and Ease meets: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at is own expense,good and sufficient rightsof-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strictconformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were. developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish topic s of test results to the C ounty. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced b the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water,gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of everynature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered againstthe County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such snit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,loss, or damage arising from the intentional tons or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Sub division or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expectsto receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: 2 • The legal description of the property to be served. - The name of the owner(s)of the property to be served. - A description of the off-site improvements to be completed by the subdivider,applicant,or owner. - The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the 1TE Trip Generation Manual,or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. - The terms of reimbursement. - The current address of the person to be reimbursed during the term o f the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtan reimbursement under this sections forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constmcted under an improvem ents agreem ent,the subseq uent subdivider,applic ant,or owner shall reimburse the original subdivider,applicant,or owner, for a portion of the original construction cost. In no event shall the original subdivider,applicant,or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision,Resubdivision,or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Costlndex used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner,or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need 5rr further off-sit road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the 1TE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement entered into between the subdivider and the County, is ten years from the date of execution of a con tract for road improvements. 5.8 This provision is not intended to create any cane of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed b y the subsequent subdividers,applicants, or owners. 3 6.0 Acceptance of Streets for M aintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improve ments detailed herein have been started but not completed as shown on Exhibit"B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets,the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the fill maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collatera 1 shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral ha s not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. • The improvements shall be completed within one(1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(.) requests that this Agreement be renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(100,61 of value of the improvements remaining to be completed. If improvements am not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on alloy a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improve ments are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in 4 which the contmplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided costestimats forall phases of the development which will be adjusted in accordance with The State Highway Bid Price Index atthe time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld C aunty. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhib its"A"and "B." 8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent(100%) of the estimatedcosts of completing the uncompletd portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers,watr mains and landscaping,etc.). The issuer of the Lettr of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will re main available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter ofCredit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the dat of Final Plat approv al,whichever occurs first. Said letter shall stipulate that,in any even;the Lettr of Credit shall remain in full force and effect until after the Board has received sixty(60)days writtn notice from the issuer of the Lettr of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Comm issioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submittd: 8.2.1 In the event property within the propo sed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estat Appraisers (M.A.I.) indicating that the value of the property encumbered in itscurrent degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the 5 cost of the imp rovemen is as set forth in the Im provem ents Agreeme nt plus all costs o f sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amountspecified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a de fault of the Improvements Agreement,the escrow agent,upon req uest by the County,shall release any remaining es crowed funds to the C ounty. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collaterak Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registeredin the State of Colorado that the project or a portion of the project has been comple ted in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submittal for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling,testing and inspections found in CDO T Materials Manual. 93 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built"is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the ap proved plans. The lettershall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 6 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the street for partial maintenance by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility comp any. 9.9 The warranty collateral shall be rele ased to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant b a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan,if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in thg deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be exec don the day and year first above written. APPLIC —62.4,1.47-7; APPLICANT: TITL . Subscribed and sworn to before me this =� day of _ItiAM6Rt , 200 My Commission expires: r r j Notary Public ARGARET A. GREENE `? l- ?tin NOTARY PUBLIC STATE OF COLORADO M•.'Ccmro!n5Jor Excites.0'_l/07/2009 ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 8 Keller Estates PZ#1097,Nine Lot Estate Zoned PL 17792 WCR1,Berthoud, CO 80513 East&Adjacent to WCR1 and South&Adjacent to WCR38 Section Line Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements: Estimated Unit Construction improvements Quantity Units Costs Costs Site Grading Strip Topsoil 16426 CY $ 0.95 $ 43,936 Demolition&Abandonment Vader 1 EACH $ 10,000 $ 10,000 Street Grading Subgrade prep 6100 SY $ 0.90 $ 19,414 Street Base Asphalt 2,725 TN $ 12.65 $ 51,095 Street Paving Asphalt 6100 SY $ 16.20 $ 99,570 Curbs,Gutters,&Culvert $ - Diggins Easement Pre Change of Zone expense 1,330 $ 10.12 Sidewalks $ - Storm Sewer Facilities 127 LF $ 30.70 $ 15,817 Retention/Detention Ponds 5930 SY $ 4.78 $ 44,985 Ditch Improvements-Big R MFG 1 EACH $ 22,725 $ 22,725 Subsurface Drainage $ - Sanitary Sewers $ - Trunk&Forced Lines $ - Water Mains 1788 LF $ 16.95 $ 61,992 Laterals(House Connected) $ - Onatte Sewage Facilities $ - On-slte Water Supply and Storage-Irrigation $ - Water Mains(Includes Bore) (included above) $ - Fire Hydrant High Pressure 670 LF $ 31.00 $ 36,208 Survey&Street Monuments&Boxes 1 EACH $ 15,000 $ 15,000 Street Lighting $ - Street Names,Signage,Kiosk 1 EACH $ 15,000 $ 15,000 Fence Requirements 3000 LF $ 10.20 Landscaping 1 EACH $ 8,500 $ 8,500 Park Improvements $ - Road Culvert 200 LF $ 27.45 $ 12,566 • Grass Lined Swale,Rock Walls Telephone $ - Gas-Propane Tanks $ - Electric Water Transfer 8 EACH $8,365.00 SUBTOTAL $ 456,806 Engineering&Supervision Costs: Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 22,780 Supervision of actual construction by contractors $ 22,800 TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 502,388 9 EXHIBIT "A" Name of Subdivision or Planned Unit Development Filing: Location: Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Dev elopment the following improvements. (Leave sp aces blank where they do not apply.) Improvements Quantity Units Unit Estimatd Construction Costs Cost Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk • Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced line Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing req uirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs $ (Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 9 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall b e determined solely by Weld County,or its duly authorized agent. Said improvements shall be a leted according to the constrructiioo A n schedule set out iinExhibit"B." Ste/77/s- By: Applicant Z—Lc Applicant Date:— —,20 — itle (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 10 BreakNeck Weld Properties, Inc. EXHIBIT "B" Name of Subdivision or Planned Unit Development: Keller Estates Filing: PZ#1097, Nine Lot Estate Zoned PUD Location: 17792 WCR 1,Berthoud, CO 80513; East & Adjacent to WCR1 and South & Adjacent to WCR38 Section Line All improvements shall be completed within one year from the date of approval of the final plat. Construction of the improvements listed in Exhibit AA shall be completed as follows: Time of Completion Improvements: after final plat approval Site grading Four weeks Street grading Six weeks Street base Twenty-six weeks Street paving Twenty-seven weeks Curbs,gutters & culverts - Sidewalks - Storm sewer facilities Seven weeks Retention ponds Eight weeks Ditch improvements Thirty weeks Subsurface drainage - Sanitary sewers - Trunk and forced lines - Mains Ten weeks Laterals (house connected) - On-site sewage facilities - On-site water supply and storage - Water mains (included above) - Fire hydrants Eleven weeks Survey and street monuments and boxes Thirty-five weeks Street lighting - Street name signs, Kiosk Thirty-eight weeks Fence requirements - Landscaping Forty-five weeks Park improvements - Road culvert Nine weeks Grass, lined swale - Telephone Gas - Electric - Water transfer - SUB-TOTAL: Forty-five weeks 11 EXHIBIT "B" Name of Subdivision or Planned Unit Development Filing: Location: All improvements shall be completed within_ _years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Strcct lighting Street name signs Fencing requirements Landscaping Park improvements Road c ulvert Grass lined swale Telephone Gas Electric Water transfer SUB-TO TAL: II The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. 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SJ9Mr.J OH trl'""•:0111.01:.1,vjILmtto orAIw3:13�.: 4= REFERRAL LIST REFERRAL LIST Name: Breakneck Prop Case#PF-1097 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 z Health Department z Berthoud z Berthoud F-2 _Extension Office _Brighton Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 z Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 z Building Inspection _Fort Lupton _Johnstown F-8 z Code Compliance S.-Ann_N-Beth _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 z Div. of Water Resources _Johnstown _Platte Valley F-14 z Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board z Longmont _Wiggins F-18 _Oil & Gas Conservation Commission z Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer z South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Commissioner Big Thompson/ FTC _Thornton z Spitzer_ _z_Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _Greeley/West Greeley Adams _Platte Valley z Boulder _West Adams _Broomfield _ Thompson _Little Larimer Federal Government Agencies Other US Army Corps of Engrs z School District RE-1J USDA-APHIS Vet Service _Central Cob. Water Cons Federal Aviation Admin z New Ish Ditch_ (Structures over 200 ft or w/in z Little Thompson Water 20000 ft of Pub Airport z St Vrain Sanitation _Federal Communications Comm REFERRAL LIST Name: Breakneck Prop/ Keller Estates PUD Case#PF-1097 County Towns & Cities Fire Districts Attorney Ault _Ault F-1 P Health Department P Berthoud P Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 P Sheriffs Office _Eaton _Eaton F-4 P Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 P Building Inspection _Fort Lupton _Johnstown F-8 P Code Compliance Beth _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City Mountain View F-10_ _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 P Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society Lochbuie _Union Colony F-20 Water Conservation Board P Longmont _ _ Wiggins F-18 Oil & Gas Conservation Commission P Mead _ _ Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer P South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Commissioner Big Thompson/ FTC _Thornton — _P_Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _ _Greeley/West Greeley Adams _ _Platte Valley P Boulder West Adams _ _ Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs P School District RE-1J _USDA-APHIS Vet Service Central Colo. Water Cons _Federal Aviation Admin P New Ish Ditch (Structures over 200 ft or w/in P Little Thompson Water 20000 ft of Pub Airport P St Vrain Sanitation _Federal Communications Comm REFERRALS W/O COMMENTS Mar- 13-07 03 : 32P town of berthoud 97f 532 0640 P - 01 i 11 (5 f it k\C IIIMI" re Weld County Referral February 8, 20O7 Will C. COLORADO • The Weld County Deportment of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 • Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD) for 9 lots wilh E (Estate) Zone Uses, Legal —N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. , Location _East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may he deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services, Weld County Utility Board Hearing March 8, 2007 Li t}!e have reviewed the request and find that if does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature r• r 1 CAILt.),Eea/ Date ? . 7.3 . C,'•7 Agency _T,'Qrt of Eerrto t<t& 9•W eid County Pi?urninu Dept. •'x918 10Th Stied. Gre<Huy,CO. 80631 ✓✓(9lO) 353-6100 ext.3540 +(97O) 304-6498 fax rEf. .v.CtJU( c•crlrri NO.799 F.2 g9 • Weld County Referral PIANNING DIVISION FED 1 IlD . 2001 February 8, 2007 C. • COLORADO The Weld County Department of Planning services has received the following item for review; Applicant Breakneck Weld Properties Case Number PP-1097 Please Reply By f� r T, QA,�., Planner Project ?,!fJ, _ 44',` MCOIIWTgstatas`Praflliat UhFCPsVS WhIopmaflt(PUP)far!Io .!(6t 2CQ) zoneM965, —_._, .-.._-.._._...-_......._.—.__..---- ----- Legal N2NW4 of Section 6, T3N, ROW of the 6th P.M.. Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give fun consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services, If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests, See attached letter. Comments: Signature 9/u/I/� - (�,{,(/�/ Date 7 Agency ( r , +Weld County Planning Dept, +915 101h Street, Greeley,CO.80631 +(070)355-8100 ext.3540 ®(970)304-6408 fax REFERRALS W/COMMENTS (14 Weld County Referral ' February 8, 2007 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan $, We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: rl Cr:%n e't C`•, OAT-Y._ i ( i atmer tin-0 no \ANDS a( tkttt. ncrtc C. Signature ,t1 Date a.CA Agency 7-rniA (tccY 'A5an°. +Weld County Planning Dept. ❖918 10'h Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 022/15/'2007 09: 05 9705323734 LT )D PAGE 01/01 It i\ ---........\\viH4r , 61a5 ta Weld County Referral February 8, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: • Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Klm Ogle Project Finai-Plan/Keller Estates Planned Unit Development(PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line, Parcel Number 1207 06 000004, The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by'the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call -the Planner associated with the request. Please note that new information may be added to applications under review during-the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with cur interests. ❑ See attached/otter. Comments: fNyrdW,lt-#W# of--Lit 7T,n Airit ornery kfisomT /-4iv6 'Me Peer FOX of m't pn#OF9l ry M4y KM4'qda 1-Mg t they#t a F n: 7;fG Tff-s, A lark/ 24 " w ina G. WE •T 5 d t#NNFQ Felt t-Ft-fl fl JGMM,4 rmd k MAY K$aVXnee kfiNzwx TTmp*1Ay F/15-&0N 75 F-T7/ cc- crieva-rev. Signature vG?% /!j'' IG it nail Date lI{—PP/c G7 Agency 1,,,r_fiLefi t4*pcau tvIrS1 O ,T/17a ., c Weird County Planning Dept. 4516 10m Street, Greeley, CO 80631 =:•(970)353-6100 ext.3540, 4)(970)304-5498 fax 51'A'1E OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources /i53.4(to Department of Natural Resources �Q�d_ \7 1313 Sherman Street, Room 818 Ick.Z ' - Denver,Colorado 80203 Phone(303)866-3581 • February 14, 2007 a]6 FAX(303)866-3589 Bill Ritter,Jr. httpaiwww.water.state.co.us Governor Mr. Kim Ogle Weld County Planning Department Harris D.Sherman Weld County Planning Department GREELEY OFFICE Executive Director 918 10th Street Hal D.Simpson,P E. Greeley, Co 80631 FEB 2 0 2007 State Engineer Re: Keller Estates , C Case No. PZ-1097 N1/2 NW1/4 of Sec. 6, T3N, R68W, 6th P.M. Water Division 1, Water District 4 Dear Mr. Ogle: • We have reviewed the above referenced proposal to subdivide a 76.55-acre parcel into nine residential lots with an average lot size of eight acres. We previously commented on this project in our letters of June 28, 2005 and January 9, 2006. Information from this submittal indicates that this is the Final Plan for this subdivision. The proposed water source for this development is still listed as the Little Thompson Water District ("District"). A letter of commitment for service from the District was provided in previous referral materials. According to the letter of commitment, the District will require the developer to transfer to the District 1.4 shares of the Colorado Big Thompson (CBT) water or other waters acceptable to the District for each lot and then pay for the rest of the tap fee as the water lines are put in service. Since no changes in the water supply for this subdivision were identified in this submittal, the comments from our letters dated June 28, 2005 and January 9, 2006 still apply, including the recommendation that the County obtain a signed copy of the water service agreement from the District prior to the final approval of this subdivision. If you have any question in this matter please contact Megan Sullivan of this office. Sincerely, Dick Wolfe, P.E. Assistant State Engineer cc: Jim Hall, Division Engineer Water Supply Branch Subdivision File file DW/MAS/Keller Estates FP (Weld) it° •01......N. DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 Street GREELEY, COLORADO 80631 lli PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. SOUTHWEST OFFICE 4209 CR 24.5 T LONGMONT CO 80504 COLORADO PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 February 15, 2007 Final Plan/Keller Estates Planned Unit Development (PUD)for 9 lots with R (Estate)Zone Uses. PF-1097 1. A separate building permit shall be obtained prior to the construction of any structure including any future entry way and or gates. 2.A plan review is required for each building for which a building permit is required.Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements,buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. 7. Provide letter of approval from Berthoud Fire Protection District prior to new residential construction. 8. There is one historical building permit with final status and one expired building permit on record for this parcel. Sinc ly, R g rVi it Building Official �c, su Cr.JGI 1c,OC VKN1N SRNITRTI0N DISTRICT 4 611970304649E ND.453 DD: rt--;\:!. \\ Weld County Referral ' D , 0 February 8, 2007 • FEB 1 4 2007 D �• • COLORADO By The Weld County Department of Planning Services has received the following Item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development(PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6,T3N, R68W of the 6th P.M.,Weld County, Colorado, Location East of and adjacent to CR 1: south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 _ - The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • Weld County Utility Board Hearing March 6, 2007 Q We have reviewed the request and find that it does/does not comply with our Comprehensive Plan rl'L We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: 710 s� d cl,v.x/o- I'S C.ett. 4l Y v✓--I rd,t Sus0 20? Steel/At— "%e c s Signature 4` Date 2/7C(0 Agency 'Weld County Planning Dept. m518 10'^Street, Greeley,CO.80631 +'(970)353.6100 04.3540 •-(070)304-6498 tax Berthoud Fire Protection District Weld County Planning Department ebruary 19,':, 0711 GREELEY OFFICE Weld County Planning Department ' EB 2j 200? 918 10`) Street Greeley, CO 80631 RECEIVED Re: Final Plat, Breakneck Weld Properties,LLC(Keller Estates PUD) PF-1097 Dear Ms. Ogle I have completed the review of the PUD. The district would approve the proposal subject to the following: In addition to the three comments submitted to you from Fire Chief Stephen Charles on July 21, 2005; The district requires that the developer provide proof of an adequate amount of fire hydrants and required fire flow from the fire hydrants in the development area before building permits are issued. In the event there is insufficient fire flow from the hydrants provided,residential fire suppression systems shall be required. Fire flow requirements shall meet the departmental requirement of a minimum of 1000 GPM,for homes up to 3600 square feet, per the 2003 International Fire Code Appendix B Section B105.1. Homes larger than 3600 square feet require a larger flow as determined by B 105.1 of the 1FC. Exception: A reduction in required fire flow of up to 50%, as approved, is allowed when buildings are provided with approved residential automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.1.2 of the International Fire Code 2003 edition. Fire Sprinkler systems shall be approved by the fire district as requested. We request that these requirements be included on the final plat, and compliance is required prior to issuance of any building permits. If you have questions, please direct them to me at your earliest opportunity. Respectfully, n Ikk- P. Michael Bruner Fire Prevention Specialist CC: Breakneck Weld Properties PO Box 894 Wheatridge,CO 80034-0894 Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 (970) 532-2264 Phone • (970) 532-4744 Fax • www.berthoudfire.org Longmont Conservation District 9595 Xelcorr Rated. Box D— Longmont, Colorado 80501 -- PMnm (303) -6-4034—Fax(30) 614-9893 Site Review Memo To: Longmont CD Board From: Nancy McIntyre Subject: (List site name, location, Permit#, Purpose, etc.) Breakneck Weld Properties/ Keller Estates. Located east of and adjacent to County Road 1 and south of and adjacent to County Road 38. Case Number PF-1097 Weld County Land Use. The proposal is to build 9 lots with estate zone uses. Prime Farmland: The north and west half of the property is farmland of statewide importance or prime farmland if irrigated. Water Quality: The New Ish Ditch runs through the property and needs to be buffered and the right-of- way protected from landscaping. Noxious Weed Control: The land currently has a substantial amount of annual rye, bind weed and possibly Canadian thistle that should be contained and replaced with grass seed that will compete with these weeds. The land should be protected during development and after development with a noxious weed plan from the Weld County Weed Department. Soils Limitations: The soil is not limited for building sites. The number of animals allowed on the property should be restricted with good grazing management plans developed. Other concerns: Summary comments: 1.l jet.&/r r`l Ct1 ' P • C'(kV'.e/RL4 TH7\ .- DLL LLiPAIEV7 .SELL rnl ERti. 1L,1L Weld County Plannin,_ apartment STATE OF COLORADO GREELEY OFFICE Bill Ritter,Jr.,Governor MAR 0 5 2007 �,o%D% DEPARTMENT OF NATURAL RESOURCES �r DIVISION OF WILDLIFE RECEIVED ° % AN EQUAL OPPORTUNITY EMPLOYER 3 ~ Bruce McCloskey, Director OA.OF, 6060 Broadway Denver,Colorado 80216 For Wildlife- Telephone:(303)297-1192 wildlife.state.co.us For People February 22, 2007 Weld County Planning Kim Ogle 918 10th Street Greeley,CO 80631 Subject: Breakneck Weld Properties, case number PF-1097 Dear Kim: The Colorado Division of Wildlife has checked and reviewed the subject property and proposed development as to potential impacts on wildlife. The parcel is currently agricultural land and generally cannot be considered as critical habitat for any wildlife species. According to the Colorado Division of Wildlife Natural Diversity Information Source Map for Weld County,the area provides winter range for bald eagles, foraging areas for ducks and geese,winter range for geese, and is within the overall range for pheasant and mule deer and white-tailed deer. Coyote, fox, raccoon, skunk, songbirds,other raptors and herpetofauna may also occur in this area. All native trees and vegetation should be maintained to provide continued benefits to wildlife. Upon disturbance of any areas, noxious weeds should be monitored and controlled. Homeowners should also be aware that planting trees, shrubs and other herbaceous plants may attract wildlife. Subsequently, ornamental landscaping may be damaged by wildlife. Homeowners will need to be responsible for damages incurred and will not be eligible for any reimbursement by the Colorado Division of Wildlife. The Ish Ditch should be maintained as an open corridor and improved and enhanced with native vegetation as allowed. Homeowners should be made aware of the presence of native predators. Pets should not be allowed to roam free. All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the species being raised. Pets as well may negatively interact with wildlife even on the home-sites and homeowners will be responsible for handling these problems. Homeowners should secure pet and animal feeds,trash containers, and charcoal/gas grills. Pets should have current shots. All control of nuisance wildlife will be the homeowner's responsibility with the possible exception of bears and mountain lions. Homeowners and potential homeowners will find additional recommendations and information in the following Colorado Division of Wildlife DEPARTMENT OF NATURAL RESOURCES,Harris D.Sherman,Executive Director WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Claire O'Neal,Secretary Members,Robert Bray•Brad Coors•Rick Enstrom•Richard Ray•James McAnally•Ken Torres Ex Officio Members,Harris Sherman and John Stump Brochures: "Living With Wildlife In Coyote Country","Living With Wildlife Canada Geese",and"Too Close For Comfort". Homeowners should also be aware that hunting may be an ongoing fall and winter activity on lands surrounding the development. Shooting will occur normally in the early mornings until dark on these areas. The sounds of gunfire may be somewhat distracting,yet should be noted to the potential owners and developer. Thank you for your consideration of these comments. If you have any questions regarding these comments,please contact District Wildlife Manager Suzanne Kloster at 303-485-0593. Sincerely, 277,4 -- ,(,:.. At, �` ,(A. �, {e_ Pt[nom"_yySt- �: mil Scott Hoover Northeast Regional Manager Cc: Mark Leslie, Area Wildlife Manager Suzanne Kloster,District Manager File: Scott Hoover,Northeast Regional Manager Area 2 Files Weld County Sheriff's Office M e mo To: Kim Ogle From: Cdr. J.D. Broderius Date: February 25, 2007 Re: PF-1097 Breakneck Weld Properties The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. The logical location would be in the area of the"kiosk" near to the entrance. The kiosk could also be modified to serve this purpose. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. This could also be accommodated at the kiosk 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. The current location of the sign near the kiosk is not acceptable as it would not serve to identify the location to emergency vehicles attempting to locate residences in the subdivision. It needs to be move closer to the road 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division,they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. 1 The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. • Page 2 a MEMORANDUM TO: Kim Ogle, Planning Services DATE: 28-February-2007 W� �• FROM: Jesse Hein, Public epartment G COLORADO SUBJECT: PF-1097 Keller Estates PUD (Final Plat) Weld County Public Works Depaitnient has reviewed final plan materials and has the following development referral comments. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be resubmitted and other concerns or issues may arise during further review Comments General Comments : A traffic study for the proposed subdivision was not required since access was from WCR 1, a paved collector roadway capable of handling the additional traffic. Thus, no offsite improvements were required. The Geotechnical Engineering Report by Terracon dated May 23, 2005 is acceptable. A signed, stamped and dated copy will be required. • Final Plat: The internal road rights-of-way shall be dedicated to the public and the dedication language placed on the plat. A drainage easement for the Ish Ditch must be shown on the final plat and the documents creating the easement called out. The following notes shall be added to the plat notes: Weld County does not maintain drainage related facilities. Consideration of high groundwater levels will be required for basement design and construction, all recommendations from the Geotechnical Engineering Report by Terracon dated May 23, 2005 shall be followed. All other notes spelled out in the Resolution shall be placed on the plat. Construction Plans: 1. Please address all red line comments in the construction plans. 2. Please edit all text throughout plans to be clearly legible and consistent. Modify and separate all overlapping numbers, text and details. 3. The signature blocks on the cover sheet for the final construction plans are not required and shall be removed. 4. Prior to demolition of the existing irrigation ditch on Lot 9 the applicant shall provide written evidence all water rights have been vacated downstream. 5. All building envelopes in the undetained area of Lots 8 and 9 shall be removed. 6. The proposed pedestrian bridge between Lots 6 and 7 shall be accompanied by written approval from the ditch company for the Ish Ditch. All proposed structures in the Ish Ditch shall not inhibit flow, and must be supported by engineering design calculations. 7. A typical lot grading detail showing how drainage is to be directed away from houses shall be shown. Page 1 of �_, Public Works requires 3 sets of final construction plans with original P. E. stamps, signatures and date. One check set of final construction plans may be submitted for review prior to supplying the 3 sets of signed plans. Drainage: Public Works received a Final Drainage and Erosion Control Report for Keller Estates (FP-1097).The report is stamped, signed and dated October 31, 2006 by Stephen C. Jenkins,P.E. #25736. The report is dated October 13, 2006. The Final Drainage and Erosion Control Report must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. Final Plat Drainage Items—the following items must be resolved prior to scheduling the Weld County Board of County Commissioners final plat hearing: 1. Please add the following note to the text of the Final Drainage Report and Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas." 2. Please address all redline comments in the drainage report, including the drawing. 3. Please address all items included in the drainage review checklist attached to this memorandum. 4. Written agreement from property owner to the north is required to discharge to the property. This agreement must approve quantity and nature of all proposed releases. 5. Proposed development must provide for safe conveyance of offsite flows through the proposed development site as described in Weld County Storm Drainage Criteria dated February 2006. a. Please address how offsite flows will be conveyed through the site including quantity and location of conveyance. b. Swales must be sized to accommodate offsite flows as well as onsite flows. 6. Please provide adequate protection to roadside ditch along Weld County Road 1 where Basin 7 will discharge.. 7. Please resolve the following inconsistencies between the construction plan drawings and the drainage report. a. Names of drainage basins. b. Pipe diameters on riprap calculation sheet. c. Pipe configuration/diameter for Keller Drive Culvert. • d. Basin IDs, areas and C5 values. - 8. Please include detention pond outlet structure details in the construction plan drawings. a. The emergency overflow spillway shall be located on the drainage plan sheet(s) and included as part of the proposed contours. i. The depth of flow out of the spillway shall be less than 6 inches. ii. The elevation of the top of the embankment shall be a minimum of 1 foot above the 100-year water surface elevation in the detention pond. iii. The overflow spillway shall include appropriate erosion control to prevent breaching. iv. Cutoff walls must be incorporated into the detention pond design to prevent breaching. 9. Please provide appropriate erosion control at all pipe outlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures, and must show stable channel conditions prior to the establishment of vegetation. a. Please indicate and label areas requiring erosion control measures on all drainage-related drawings. b. A self-launching termination key with a design detail is required for rock riprap protection. c. The top of any ECF must terminate above the 100-year energy grade line(EGL) on all swales where Fr> 0.8. 10. All culverts must be analyzed using HY-8, HEC-RAS,UD-Culvert, CulvertMaster, or other approved programs that adhere to HDS-5 guidelines (FHWA 2005). Approved methods must determine inlet control or outlet control. 11. All culvert inlets located within County right-of-way shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:IV or flatter per UD&FCD research. ..,,.. .,,, Page 2 of 3 12. Please add rock riprap protec. _t at all culvert outlets for the final drainag sans, and include rock size (D50) and apron limits (length, width, and thickness). Please utilize UD&FCD methods, and include all design calculations and/or spreadsheets in the report appendix. a. Please specify an appropriate geotextile filter fabric under the rock. The geotextile shall be identified by a product name and number, or approved equal. The selected product shall be fully documented with manufacturer specifications and installation procedures/drawings/details. 13. The following items must be included in the Drainage Plan(s) in the construction plan set. a. Please show offsite contours for a minimum of 200 feet outside property limits, and on all offsite areas flowing to the project site on the drainage and erosion control sheet(s). b. All easements must be clearly identified and dimensioned. This includes but is not limited to, utility easements, drainage easements, oil and gas easements, County and State right-of-ways, and others. c. Please indicate the 100-year headwater depth (HW 100) on all culverts in plan view. 14. All Culvert Profile sheets in the construction plan set shall include the following: a. Please identify all existing and proposed utility locations. b. Please show the 100-year hydraulic grade line (HGL1oo) for all pipes in the construction plan set and in the drainage report. c. Please indicate the size, material type,length, invert elevations, and name/number of every pipe in the subdivision. d. Please show the existing and proposed ground profiles over all culverts and storm sewers in the construction plan set and in the drainage report. 15. Please give each drainage swale a unique identifier and label them on drawings. 16. Consider using IDF curves for Longmont which seem more applicable than the curves for Greeley. 17. Please correct the invert and ground elevations on the Pond 1 Outlet Pipe Combined Pipe/Node Report. Both the upstream and downstream locations show the invert elevation equal to the ground elevation. Improvements Agreements: Weld County will not be accepting additional roads to the current maintenance schedule. The applicant will be required to submit a revised Improvements Agreement for PRIVATE road maintenance. Exhibit B shall be revised to show the approximate date of completion(month and year). Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any-issues shall be resolved withwith4Publie'Woria.PrIor.toveeording of the final plat.`;. x:..- •PG PP-I 097 Keller Estates PUD II rnal Plat Email&Original:Planner: Kira Ce/c PC by Post: Applicant:loot Radtgrm PC by Post. Engineer: itS Eng/neerine .., „ , n Page 3 of 3 • St. Vram n Valley School District Weld County Planning Department GREELEY OFFICE February 28, 2007 MAR 0 5 2007 Kim Ogle RECEIVED Weld County Planning Department 918 10th St. Greeley, CO 80631 RE: Keller Estates Planned Unit Development Final Plan {Situate in the N% of the NW i4 of Section 6, T3N, R68 W} Dear Kim: Thank you for referring Keller Estates Planned Unit Development Final Plan to the School District. The District has reviewed the development proposal in terms of (1) available school capacity, (2) required land dedications and/or cash-in-lieu fees and (3) transportation/access considerations. Upon review, the School District finds that it cannot support this proposed development at this time. The reasons for this position and other relevant information is as follows: • The 125% Capacity Benchmark is expected to be exceeded at the elementary and middle school levels in this feeder and there is insufficient capacity to support this development. • Additional capacity at the high school level will become available as High School 7 (formerly High School 5), approved under the 2002 Bond, is completed in 2009. Until that facility is constructed, Skyline High School may experience crowding in the short term. • Additional capacity at the elementary and middle school levels currently has no funding for construction. Under current conditions, a new school bond or other source of capital revenue will be required to provide additional capacity for these grade levels. • The District and the applicant have begun formulating an agreement to mitigate the impact of this development on the capacity of attending schools. According to District records, however, that agreement has not yet been signed. Should this development be approved, the options for managing the short and long term overcrowding in these schools may include adding modular classrooms and implementing split or staggered schedules as needed. Other options may include, but not be limited to, implementing year-round schools or asking voters to approve new bonds for additional school facilities or a mill levy for additional operating funds. It should be noted that a lack of operating funds may be a factor in delaying construction and occupancy of new school facilities in this area. Detailed information on the specific capacity issues, the land dedication requirements and transportation impacts for this proposal follow in Attachment A. The recommendation of the District noted above applies to the attendance boundaries current as of the date of this letter. These attendance boundaries may change in the future as new facilities are constructed and opened. If you have any further questions or concerns regarding this referral, please feel free to contact me via e-mail at seorue glen(Wstvrain.k12.co.us or at the number below. Sincerely, ''nn// Segrue,1AICP Planning Specialist Enc.: Attachment A—Specific Project Analysis Cash-in-lieu chart ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501.SCOTT TOILLION,DIRECTOR. PHONE 303-682-7229.FAX 303-682-7344. ATTACHMENT A- Specific Project Analysis PROJECT: Keller Estates Planned Unit Development Final Plan (1) SCHOOL CAPACITY The Board of Education has established a District-wide policy of reviewing new development projects in terms of the impact on existing and approved school facilities within the applicable feeder system. Any residential project within the applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be supported. This determination includes both existing facilities and planned facilities from a voter-approved bond. The building capacity, including existing and new facilities, along with the impact of this proposal and all other approved development projects for this feeder is noted in the chart below. CAPACITY INFORMATION CAPACITY BENCHMARK (includes projected students,plus developments student impact) School Building Stdts. Stdt. 2006-2007 2007-2008 2008.2008 2009-2010 2010-2011 Level Capacity Oct-06 Impact Stdts Cap. Stdts Cap. Stdts Cap. Stdts Cap. stdts cap. Elementary 504 471 2 524 104% 586 116% 679 135% 771 153% 858 170% Middle 380 321 1 344 91% 357 94% 406 107% 456 120% 499 131% High School 1323 1371 1 1404 108% 1516 115% 1583 120% 1105 83% 1153 87% High School 7 750 1 "schaoinotyetupanlT • C 552 74% 594 79% Total 2981 4 2273 , 12458 j 2669 2883 3104 `students from new housing are added according to a 5 year buildout of approved plats within the school feeder. Specific comments concerning this proposal regarding School Capacity are as follows: • Specific Impact - This application will add 9 new single-family dwelling units with a potential impact of 4 additional students in the Mead Elementary, Mead Middle and Skyline High School Feeder. • Benchmark Determination—The elementary and middle schools in this feeder are projected to exceed 125% of capacity in 5 years with students from this development. The School District is therefore not supporting this application at this time. • Additional Capacity Impacts— High School 7 will add additional capacity in this feeder at the high school level. This facility is scheduled to open in the Fall of 2009. • Mitigation Options—The District and the applicant have drafted a mitigation agreement, but it does not appear to have been signed as of this time. Completing the agreement would allow the District to change its negative referral response to this application. • Phasing Plan—The District would appreciate a phasing plan from the applicant to more accurately calculate the impacts of this development. (2) LAND DEDICATIONS AND CASH IN-LIEU FEES The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School Sites by Weld County requires that the applicant either dedicate land directly to the School District along with provision of the adjacent infrastructure and/or pay cash-in-lieu (CIL) fees based on the student yield of the development. CIL fees only provide funds for land acquisition, which is only a small component of providing additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral are as follows: • Dedication and/or Cash-in-lieu Requirements-The District does not anticipate the need for another school site in this area. Since no land dedication is required, CIL fees will be assessed. Current fees are included on the attached chart; however fees paid will be those in effect at the time of payment. • Number of Units covered by dedication/cash-in-lieu—All residential units will be subject to CIL fees. • Dedication/Cash-in-lieu Procedures - Cash-in-lieu payments are to be made to the St. Vrain Valley School District Business Office—395 S. Pratt Parkway, Longmont, CO. 3)TRANSPORTATION/ACCESS Transportation considerations for a project deal with bussing and pedestrian access to and from the subdivision. Pedestrian access, in particular, is an important goal of the School District in order to facilitate community connection to schools and to minimize transportation costs. Specific comments for this application are as follows: • Provision of Busing-Busing for this project, under the current boundaries, would most likely be provided. • Pedestrian/Access Issues — Due to this proposal's rural location, pedestrian access to neighboring schools will not be an issue. ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501.SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229.FAX 303-682-7344. y _R .J C M LL = E W c o t E O a N LL 9 d O Y ',� °) E c m ! ET_ ci o, �I I Ia, 0 c U'. o o; o 5 aco a �I 1 o C O 0 (O 0 O a Ib ct -5O J. II O O I PcoI ai C j2II N a C. w 1 t r a coc. co N IA 0 s c N c CO -o N H3 ,J` d U U c .' 0 v>. °E ` 'o 0 E a cg 0 O. N V N - 3 riot 0: C w o ° c ° 0 a. I0) -O IC) a .cl CO CO 0, o m ) A R ml m 0) d A O > J >'i in >Ii� co-N �I o tin � =1 co-L II I 01 Is 'S I5 « Vd o c o@ ''.O I c�I E z'a c .� m t ea a E I al= I a -O N m' O co (,1 Lc I c O W O O N CA 0 Ike- o co'.« Co en O: 0 0 �� Im N lb CC C I d -p o .0 yI N cm �,,.._ v �! o c'..° . O O) O , m O. Ic0 IIU jI.b o j,� O OIL. o cl J ;Q O O'I;3 O,.V O. CO 1O ' to ILL 0a m1 _' �c d -o l l Il t 12 II ��I, l l co l r3 + I '0O fA 'O a lo c .?J u)'Gco = O2 c C U' N rpm-, t0 A ,°._) co QI �!a a m a Coo tI y ail V) -0 2- I o, `Q I� O, C T�. O W O O'.= "O cr a = c, LO CV a ZI La 0LO-0 �ia m Ig C = g �iLL (0' Z �I 2 IZ col 0 a co i CO o ' d ,,10 is N a ,Is _ a' ¢ Ni Oa N, N IV' IL O s, > O E O o IO jI E N OI i% 'a y ''z — 21 W. a o o II o o''I 0 I-- 0 EIOIE O) 6 IO) O) `m o) `mi a � >, : iz'I I� w I w w LLI ' mI m 0 °l m 0 V!I I E ' I LI ,m m1 g ' c. � 11 0)'. _O) O C N IV) ! W 2 I I2 II- I(q a Weld County Planning Department GREELEY OFFICE / t MAR Q 7 2007 tit Weld County ''1,'`' ENED February 8, 2007 11111 RECEIVED FEB 1 2 2Qa7 COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle € Project Final Plan/Keller Estates Planned Unit Development (PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See s£t T! r. Cbins vtNn4 4clo�v • Comments: i(sae 7n ""fit Q,Daxd rya, ?red a lice-- (orwwr y- a r c- 41 - 1 r x [4s .[444.4) t, Gt,+.C.A. 1 fuib of At r442.14,_a_.1'�ta ft1 �17` -Y l 0 � l O f r i71n anni Li LIAR+, 'to bt�i n-, 114-,-CI�ostm.. et444tP�/a7� Signature ,14 b. I/ IUa aurk, j1'et Date 2122 /0 7 Agency lt9W-1 . 4 �Otc1 • 4 Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970) 304-6498 fax FROM : FAX NO. :9705354347 'tar. 07 2007 07: 19PM P1 • (1, Weld County Referral ' February 8, 2007 C. • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 P/ease Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development(PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P,M., Weld County, Colorado, Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line, Parcel Number 12D7 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services, If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. DIS Comments: • -d T Signature 0.4 Date et oi Agency j,il iLc, e- ,aT12 Co_ 6uP�*Kr CiUeelrur +Weld County Planning Dept +918 10th Street, Greeley. ca 80631 0(970)353-6100 ext.3540 0(970)304-6498 fax q tv's I,r% Weld County Planning Department GREELEY OFFICE MAR 072007 rest ‘iit-3/4 RECEIVE Memorandum D TO: Kim Ogle, W.C. Planning C� DATE: March 6, 2007 COLORADO FROM: Pam Smith, W.C. Department of Public Health ) and Environment C),,)/ CASE NO.: PF-1097 NAME: Breakneck Weld Properties/Keller Estates The Department has reviewed this Final Plat application and offers these comments: 1. The covenants are acceptable. 2. The PUD will locate 2 acre building envelopes on the lots and the septic envelopes will be placed within this building envelope. The Department observed that there were no building envelopes on the Final Plat (the document that will get recorded). However, there were building envelopes on the Landscape Plan. 3. There were no plat notes to review. The plat notes from the Change of Zone are included below: 1. Water service shall be obtained from Little Thompson Water District. 2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment,Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 100-foot setback to any well. 4. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. 5. Any abandoned septic system must comply with the Weld County Code Section 30-4-20 (D). The applicant should contact the Department to update existing septic permits for those systems that have been abandoned. 6. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. 7. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 8. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 9. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 10. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\Final Plat\pf-1097 Breakneck Weld Properties.RTF itockeiv Weld County Referral February 8, 2007 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. UV See attached letter. Comments: Signature �,A 9 Date a / y (27 Agency Ca/ (6c .T/U.S/Ecj/On (•Weld County Planning Dept. ❖918 10th Street, Greeley, CO.80631 +(970)353-6100 ext.3540 ❖(970) 304-6498 fax rr,. lv.cuur N0.799 F.1 Ti 14 a DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING AND DEVELOPMENT SERVICES PUBLIC WORKS AND WATER UTILITIES CIVIC CENTER COMPLEX/LONGMONT, CO 80501 (303)-651-833p / (303)-651-8304 FAX(303)-051-8696 FAX COVER SHEET TO: Kim Ogle COMPANY: Weld County Planning Department FAX#: 970-3046498 FROM: Erin Fosdick DATE: February 14, 2007 NOTES: RE: Case#PF-1097 TOTAL#OF PAGES 2 ORIOINAI.dCOPY TO FOLLOW: N CONFIIALITY NoTICE THIS MESSAGE IS INTENDED ONLY FOR THE USE� T OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW, IF THE REAPER OF THIS MESSAGE IS NoT THE INTENDED EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE SOLEY TO THE Tl WED RECIPIENT T, OR THE U ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBIIITON OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL,MESSAGE TO US AT THE ABOVE ADDRESS WA THE U.S.POSTAL SERVICE. THANK YOU. a 411" .---NIIIIIIH4° Weld County Referral "ligWeld County Planning Departmentebruary 8, 2007 GREELEY OFFICE C. FEB 2 2 2007 CIE EIi? COLORADO RECEIVED !r.a- /2.-6711 The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD)for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. I I Parcel Number 1207 06 000004 t ........:.......vim... ....._.-_...-- ..:.v..�—�. ......_._....- ......d....._...r...rrn,.».w _ __ .. „�re+n-..�.�.vvo z-.� .< ,. . Av.o.�.. .. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ yVe have reviewed the request and find no conflicts with our interests. ^tom See attached letter. Comments: Signature / Date - g (ac Gear-fie_ G,N e,) �� < A 7 Agency ALBIt y ��1 I&2Z f O C � S •Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 •:•(970)353-6100 ext.3540 +(970)304-6498 fax AGENDA WELD COUNTY UTILITY BOARD MEETING Thursday, March 8, 2007 Please contact Kris Ranslem at 970-353-6100 Ext. 3519, if you are unable to attend the meeting. 10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld County Planning Department, 918 101h Street, Greeley, Colorado. 1. CASE NUMBER: PF-1097 APPLICANT: Breakneck Weld Properties, LLC PLANNER: Kim Ogle LEGAL: N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. 2. CASE NUMBER: PF-1114 APPLICANT: Pyrenees Properties LLC PLANNER: Kim Ogle LEGAL: Lot C of RE-3058, part of Section 15, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 80; A mile east of CR 19. 3. CASE NUMBER: PF-1041 APPLICANT: Robert Parsons (Tranquility Estates PUD) PLANNER: Chris Gathman LEGAL: Part of the N2 of Section 10, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 84; approx. 1/4 mile east of CR 19. - a Atif Weld County Referral IFebruary 8, 2007 Ci COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD) for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • Weld County Utility Board Hearing March 8, 2007 D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: ja,„„_ See eti�to c� i e 1tC Signature (13-1-C-414 Date ca _r)_S-G,7 Agency t&. 7 3 o ❖Weld County Planning Dept. +918 10th Street, Greeley, CO.80631 •>(970)353-6100 ext.3540 ❖(970)304-6498 fax Feb 26 07 11 : 59a TOM RADIGAN 303-202-3610 p. 1 Fax Cover Sheet Date2/26/07 Page 1 of 6 including cover To: Kim Ogle Fax 970-304-6498 970-353-6100, X3540 Dear Mr. Ogle; Attached is our response to matters raised in Michael Bruner 's memo. Please review and advise. Best Regards, From: Tom Radigan BreakNeck Weld Properties, LLC 303-881-1996 Fax-303-202-3610 | ° ! \ \ \ �\\ / } \: r / , H ! 7» \ 2 § § LI >} . : ! _® H i . h os f \ k f x ` ! /; ■ ! P ■ \ 1 | )� } ! E § 22 d dSNVI SNINNVIc : VIC0IS3 52: «5 § 22 i : % • • t°m >� a • a E2 52 "tyaY mm2m U j s C a m c C O W 1 'g C T 5.66-; . tl W W (5=rFt a F8 U �a3W g aL � oc;— 'e F Oa Yi a a W N .E R g+ m« W .7--- 0.-5'� ts e L.i 3 . 3 8 N g4 32 C «W 2.'4 g o� a 5 Etskei , 3 R S --s. S4 2agc g ili EEiSS t8 .t . 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School Planning Keller Estates Standards And Final Plat Calculation of Weld County Land Dedication Requirements Single Family _ 1 l I F I - $chool Planning Standards - - Number Projected Student Site Size Acres of Developed " Of - Student I Facility Standard Land _ Land Cash-in-lieu Unite Yield I Standard Ades Contribution_ Value Contribution Elementary 9 0,22 525 10 1 0.04 J $53,984 r' 2 Number of Students=rvo.of Units•Student Yield L - Equellon..(Number of Students/Elem.Student Facility Size)'Elena Site Size Standard=Acres of Lend Contribution I I Middle Level 9 0.1 750 25 I 0.03 I $53,984 1 Number of Students=No.of Units'Student Yield Equation:(Number of Students/Middle Student Facility sire)"Middle Site site Standard=Acres of Land Contribution I High School 9 0.11 1200 r 60 1 0.04 $53,984 I Number of Students=No.of Units'Student Yield Equatloni(Number of Students/High Schur/Student Facility Size)'High School Site Sire Standard=Acres of Land Contribution - Total 1 9 4 I 0.11 i $53,984 $5,882 Equation.1 Elem.Acreage+Middle Acreage+High School Acreage=Total Acres of Land Contribution Single Family Student Yield is.43 • $654 i I Per Unit I 2/25/03 Planning Department Cfl 'Aril MEMORANDUM TO: Kim Ogle, Planning Services DATE: 28-February-2007 FROM: Jesse Hein, Public Works Department • COLORADO SUBJECT: PF-1097 Keller Estates PUD (Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be resubmitted and other concerns or issues may arise during further review Comments General Comments : A traffic study for the proposed subdivision was not required since access was from WCR 1, a paved collector roadway capable of handling the additional traffic. Thus,no offsite improvements were required. The Geotechnical Engineering Report by Terracon dated May 23, 2005 is acceptable. A signed, stamped and dated copy will be required. Final Plat: The internal road rights-of-way shall be dedicated to the public and the dedication language placed on the plat. A drainage easement for the Ish Ditch must be shown on the final plat and the documents creating the easement called out. The following notes shall be added to the plat notes: Weld County does not maintain drainage related facilities. Consideration of high groundwater levels will be required for basement design and construction, all recommendations from the Geotechnical Engineering Report by Terracon dated May 23, 2005 shall be followed. All other notes spelled out in the Resolution shall be placed on the plat. Construction Plans: 1. Please address all red line comments in the construction plans. 2. Please edit all text throughout plans to be clearly legible and consistent. Modify and separate all overlapping numbers, text and details. 3. The signature blocks on the cover sheet for the final construction plans are not required and shall be removed. 4. Prior to demolition of the existing irrigation ditch on Lot 9 the applicant shall provide written evidence all water rights have been vacated downstream. 5. All building envelopes in the undetained area of Lots 8 and 9 shall be removed. 6. The proposed pedestrian bridge between Lots 6 and 7 shall be accompanied by written approval from the ditch company for the Ish Ditch. All proposed structures in the Ish Ditch shall not inhibit flow, and must be supported by engineering design calculations. 7. A typical lot grading detail showing how drainage is to be directed away from houses shall be shown. „, Page 1 of 3 Public Works requires 3 sets of final construction plans with original P. E. stamps, signatures and date. One check set of final construction plans may be submitted for review prior to supplying the 3 sets of signed plans. Drainage: Public Works received a Final Drainage and Erosion Control Report for Keller Estates(FP-1097). The report is stamped, signed and dated October 31, 2006 by Stephen C. Jenkins, P.E. #25736. The report is dated October 13, 2006. The Final Drainage and Erosion Control Report must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. Final Plat Drainage Items—the following items must be resolved prior to scheduling the Weld County Board of County Commissioners final plat hearing: 1. Please add the following note to the text of the Final Drainage Report and Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas." 2. Please address all redline comments in the drainage report, including the drawing. 3. Please address all items included in the drainage review checklist attached to this memorandum. 4. Written agreement from property owner to the north is required to discharge to the property. This agreement must approve quantity and nature of all proposed releases. 5. Proposed development must provide for safe conveyance of offsite flows through the proposed development site as described in Weld County Storm Drainage Criteria dated February 2006. a. Please address how offsite flows will be conveyed through the site including quantity and location of conveyance. b. Swales must be sized to accommodate offsite flows as well as onsite flows. 6. Please provide adequate protection to roadside ditch along Weld County Road 1 where Basin 7 will discharge. 7. Please resolve the following inconsistencies between the construction plan drawings and the drainage report. a. Names of drainage basins. b. Pipe diameters on riprap calculation sheet. c. Pipe configuration/diameter for Keller Drive Culvert. d. Basin IDs, areas and C5 values. 8. Please include detention pond outlet structure details in the construction plan drawings. a. The emergency overflow spillway shall be located on the drainage plan sheet(s) and included as part of the proposed contours. i. The depth of flow out of the spillway shall be less than 6 inches. ii. The elevation of the top of the embankment shall be a minimum of 1 foot above the 100-year water surface elevation in the detention pond. iii. The overflow spillway shall include appropriate erosion control to prevent breaching. iv. Cutoff walls must be incorporated into the detention pond design to prevent breaching. 9. Please provide appropriate erosion control at all pipe outlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures, and must show stable channel conditions prior to the establishment of vegetation. a. Please indicate and label areas requiring erosion control measures on all drainage-related drawings. b. A self-launching termination key with a design detail is required for rock riprap protection. c. The top of any ECF must terminate above the 100-year energy grade line(EGL) on all swales where Fr> 0.8. 10. All culverts must be analyzed using HY-8, HEC-RAS, UD-Culvert, CulvertMaster, or other approved programs that adhere to HDS-5 guidelines (FHWA 2005). Approved methods must determine inlet control or outlet control. 11. All culvert inlets located within County right-of-way shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:1 V or flatter per UD&FCD research. Page 2 of 3 12. Please add rock riprap protection at all culvert outlets for the final drainage plans, and include rock size(D50) and apron limits (length, width, and thickness). Please utilize UD&FCD methods, and include all design calculations and/or spreadsheets in the report appendix. a. Please specify an appropriate geotextile filter fabric under the rock. The geotextile shall be identified by a product name and number, or approved equal. The selected product shall be fully documented with manufacturer specifications and installation procedures/drawings/details. 13. The following items must be included in the Drainage Plan(s) in the construction plan set. a. Please show offsite contours for a minimum of 200 feet outside property limits, and on all offsite areas flowing to the project site on the drainage and erosion control sheet(s). b. All easements must be clearly identified and dimensioned. This includes but is not limited to, utility easements, drainage easements, oil and gas easements, County and State right-of-ways, and others. c. Please indicate the 100-year headwater depth(HWloo) on all culverts in plan view. 14. All Culvert Profile sheets in the construction plan set shall include the following: a. Please identify all existing and proposed utility locations. b. Please show the 100-year hydraulic grade line (HGL100) for all pipes in the construction plan set and in the drainage report. c. Please indicate the size, material type, length, invert elevations, and name/number of every pipe in the subdivision. d. Please show the existing and proposed ground profiles over all culverts and storm sewers in the construction plan set and in the drainage report. 15. Please give each drainage swale a unique identifier and label them on drawings. 16. Consider using IDF curves for Longmont which seem more applicable than the curves for Greeley. 17. Please correct the invert and ground elevations on the Pond 1 Outlet Pipe Combined Pipe/Node Report. Both the upstream and downstream locations show the invert elevation equal to the ground elevation. Improvements Agreements: Weld County will not be accepting additional roads to the current maintenance schedule. The applicant will be required to submit a revised Improvements Agreement for PRIVATE road maintenance. Exhibit B shall be revised to show the approximate date of completion (month and year). Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of thefinalplat. PC-PP-1 On?Keller Estates POD(Final Plat) Email K Original:Planner:Kim Ogle Post Applieant Tom Rndigan PC by Post Engineer:JLS Engineering . Page 3 of 3 Memorandum TO: Kim Ogle, W.C. Planning lunge DATE: March 6, 2007 COLORADO FROM: Pam Smith, W.C. Department of Public Health and Environment CASE NO.: PF-1097 NAME: Breakneck Weld Properties/Keller Estates The Department has reviewed this Final Plat application and offers these comments: 1. The covenants are acceptable. 2. The PUD will locate 2 acre building envelopes on the lots and the septic envelopes will be placed within this building envelope. The Department observed that there were no building envelopes on the Final Plat (the document that will get recorded). However, there were building envelopes on the Landscape Plan. 3. There were no plat notes to review. The plat notes from the Change of Zone are included below: 1. Water service shall be obtained from Little Thompson Water District. 2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment,Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 100-foot setback to any well. 4. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping,structures,dirt mounds or other items are expressly prohibited in the absorption field site. 5. Any abandoned septic system must comply with the Weld County Code Section 30-4-20 (D). The applicant should contact the Department to update existing septic permits for those systems that have been abandoned. 6. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. 7. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 8. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 9. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 10. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\Final Plat\pf-1097 Breakneck Weld Properties.RTF ,KeVe2 L7 ^ a Weld County Referral February 8, 2007 C Weld County Planning Department O GREELEY OFFICE MAR 22007 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD) for 9 lots with E (Estate) Zone Uses. kf Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 �. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. a See attached letter. // Comments: J /jam ca—•ts 504 -6, ag 4 ad, eerier Signature Date Silty Agency +Weld County Planning Dept. 4918 10"Street, Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax (--"" Weld County Referral February 8, 2007 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Breakneck Weld Properties Case Number PF-1097 Please Reply By March 1, 2007 • Planner Kim Ogle Project Final Plan/Keller Estates Planned Unit Development (PUD) for 9 lots with E (Estate) Zone Uses. Legal N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 1; south of and adjacent to CR 38 Section Line. Parcel Number 1207 06 000004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing March 8, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. ❖918 10th Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax WELD COUNTY, COLORADO O DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT.3540/FAX:970-304-6498 20 Receipt No. 1 3g,; 4 ived From: Permit Type No. Description Fee 1-RE/SE 1-ZPMH 1-USR • 1-SITE PLAN REVIEW 1-CHANGE OF ZONE ( 1-PUD ''FF1047 47 Atig, 1-MINOR/MAJOR SUB = BUILDABLE LOTS 1-ADDITIONAL 30% EE FOR SUB's 1-RE-SUBDIVISIONS 1-BOA 1-FHDP/GHDP )-MAPS/ POSTAGE )-COPIES )-INVESTIGATION FEE l-RECORDING FEE' ,HJCHECK NO. ilka TOTAL FEE oted By: K'�, i, .. �i!"� DL# Exp. P . C . EXHIBITS HEARING CERTIFICATION DOCKET NO. 2006-39 RE: CHANGE OF ZONE, PZ#1097, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9) LOTS WITH E (ESTATE)ZONE USES - BREAKNECK WELD PROPERTIES, LLC A public hearing was conducted on June 28, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tern Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Cyndy Giauque Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 2,2006,and duly published June 7,2006,in the Fort Lupton Press, a public hearing was conducted to consider the request of Breakneck Weld Properties, LLC for Change of Zone, PZ#1097,from the A(Agricultural)Zone District to the PUD (Planned Unit Development) Zone District for nine (9) lots with E (Estate) Zone uses. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written,and gave a brief description of the location of the site and surrounding land uses. He stated 18 referral agencies reviewed this proposal,and 15 provided comments which have been addressed in the Conditions of Approval. Mr.Ogle stated the site is within the three-mile referral areas for the Towns of Berthoud and Mead, City of Longmont, and Boulder County. He stated Berthoud, Longmont, and Boulder County expressed no concern; however,the Town of Mead indicated it is opposed to the proposal being considered as an unincorporated subdivision,and requested the applicant be directed to petition for annexation. He stated the applicant has come to an agreement with the Ish Ditch regarding the approval of a pedestrian bridge crossing,and the site will be accessed from Weld County Road 1. In response to Chair Geile,Mr.Ogle stated the Town of Mead does not have sewer services in the immediate area,and its Urban Growth Boundary is approximately one-half mile from the existing corporate limits, which is one and one-half miles from the site. Pam Smith, Department of Public Health and Environment, stated the lots range from 7.3 to 9.6 acres,and the applicant has designated a two-acre building envelope,which will have primary and secondary septic envelopes. Ms.Smith stated a majority of the lots will require engineer-designed septic systems, due to shallow bedrock or poor percolation rates, and the applicant's engineer estimates the septic envelopes will ft within the overall two-acre building envelope. She stated the existing site improvements, including the septic system on Lot 1, will be removed, which is addressed in the Conditions of Approval to ensure proper abandonment. 2006-1522 PL1843 HEARING CERTIFICATION - BREAKNECK WELD PROPERTIES, LLC (PZ #1097) PAGE 2 Donald Carroll, Department of Public Works,stated the access drive is approximately 1,600 feet long, which ends in a cul-de-sac. He stated the internal road will be paved, the Section Line for Weld County Road 38 is north of the site, and the applicant will dedicate the appropriate right-of-way. He further stated Weld County Road 1 is a collector status road which requires 80 feet of right-of-way at full buildout,the average daily traffic count is approximately 2,200 vehicles,and the traffic volume doubles south of State Highway 66. Tom Radigan represented the applicant and stated the homes and outbuildings will be contained within the two-acre building envelopes to maintain views. He stated this development will have high-quality homes and horse properties,and the lots can be irrigated if the future property owners purchase shares from the applicant for the Ish Ditch or surplus Colorado Big Thompson water in addition to the tap fees. Mr. Radigan requested an administrative review of the Final Plan. In response to Commissioner Vaad, Mr.Carroll stated the access is approximately 632 feet south of the Section Line for Weld County Road 38. Responding to Chair Geile, Mr. Radian stated the Estate-zoned lots are allowed eight animal units;however,the Homeowners'Association Covenants include a provision which lists the various types of animals and the equivalent animal units that will be allowed,for a total of eight animal units. He further stated the property does have access from the south for the Supply Irrigation Ditch and from the northeast for the lsh Ditch. Mr.Radigan stated the water shares will be offered when the lots are sold; however, the shares will not be part of the Homeowners'Association. Chair Geile stated the land surrounding the two-acre building envelopes will require irrigation or some other means of maintenance. Mr. Radigan agreed that the water is limited during dry years, but the shares will be offered for sale if the purchaser is interested. He stated the Real Estate information sheet indicates secondary agricultural water is for sale. Responding further to Chair Geile, Mr. Radigan stated he has reviewed and concurs with the Conditions of Approval. No public testimony was offered concerning this matter. Commissioner Vaad moved to approve the request of Breakneck Weld Properties,LLC,fora Site Specific Development Plan and Use by Special Review Permit #1097 for Change of Zone, PZ#1097, from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses,based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval as entered into the record,and allowing an Administrative Review of the Final Plan application. The motion was seconded by Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing was completed at 10:35 a.m. 2006-1522 PL1843 HEARING CERTIFICATION - BREAKNECK WELD PROPERTIES, LLC (PZ #1097) PAGE 3 This Certification was approved on the 5th day of July 2006. APPROVED: ♦, IE BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO {lest I ��.�s ATTEST: .. _/,y �� , ;�3,:� ,.XCUSED DATE OF APPROVAL "�9 G=ile, Chair Weld County Clerk to the B 1 BY: 11; 9-44 `2& Davi:. Long, Pro-Tem Dep Clerk the Board Wi m Jerke TAPE#2006-24 U" —. Robert D. Masde DOCKET#2006-39 A, Glenn Vaad 2006-1522 PL1843 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1097 - BREAKNECK WELD PROPERTIES, LLC, C/O TOM RADIGAN Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 03/21/2006 and 04/04/2006) D. Clerk to the Board Notice of Hearing E. Applicant E-mail re: Status of application, dated 04/28/2006 F. Applicant Copy of License Agreement with Ish Reservoir Company, dated 05/01/2006 G. Applicant Amended and Restated Easement, dated 05/15/2006 H. Planning Staff Certification and Photo of sign posting J. K. L. M. N. O. P. Q. R. S. T. ''--t a d re O o 2 a o N w ?? CC S CO CO • V N W `D V m U V J N O w O w m E H � ~ a N .c Q I- Cw E W 3a a a F Fig C C " Y N a ro N y 2 W E F. c O o o } co w r -! Y c w ° p `o LL m m O ao' �, a w et o a a CV a 00 it % m 2 w w w 0c IS o w V L Q L I 0 a = -' IMPROVEMENTS AGREEMENT AC CORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered intothis day of 20,17,by and between the Comity of Weld,State of Colorado,acting through its Bond ofComtyCommissio.ers,hereinafter called"County," and �^zireCAk/VSC/( &✓f"L _,hereinafter called"Applicant" / ac Diele rids, LLe WITNESSETH: WHEREAS,Applicant is the owner of;or has a controlling interest in the following described property in the County of Weld,Colorado: �vv,e7� '.2 , ti ae'Xaies7 Sec Ai 4,, Tw.AsNj g et"c'6e771, 'e4*JGE' 61 b...945-7- eve ref, to T'f i assry 0C hielti OD Z002004\o WHEREAS,}a.f/i�final Subdivision/Planned Unit Development(PUD)Plat of mid property, b be known as KFZc c e E's/ 7Fr has been submitted to the County for approval;and WHEREA5,relevant Section of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Pit,or Site Plan shall be approved by the County until Re Applicant has submitted a Subdivision [Runniness Agreemeatganaleeiagthematine :Boaofthepublic impronamatts shown. documents ofthe Subdivision Fund Plat,Planned Unit DevelopmentFial Pint,orS its Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and "B"of this Agreement NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the panicshereto promise,covenant and agree as follows: 1.0 Engineering Services Applicant shall furnish,at its own expense,all engineering eery ices in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 13 Applicant shall furnish draw imp and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the flag of any costoction contract Before acceptance other radswiMintheSubdivisionorPiand Unit Development by the County,Applicant shall famish one set of reproducible"asbm7C drawings and a final statement ofcamatruction cost to the County. 2.0 RiaW-o€waved Eaemu:Before commencing the constructio,of ay improvements herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rightsof-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shal be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at is own expense, the Subdivision or Planned Unit 1 Development improvements listed on Exhibit"A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvement. Whenever a Subdivision or Planned Unit Developments proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance wit the requirement and standards tat would exist if the pin were developed within the corporate limas of tat commanay_ If the incorporated community has not adopted such requiremts and standards at the[sham the Subdivision or Planed Unit Development is proposed, the requirements and Mawr s of the County shall be adhered to. If both to incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,a t its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall f unish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work, at Applicants expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced le the satisfaction of the County at Applicants expense. 3.4 Applicant shall finish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water,gas,electric and telephone services. 3.5 - Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement within the ecnstrocton schedule appearing in Exhibit'B." The Board of County Commissioners,at its option, may goat an extension of the tine of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability; Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County my suffer as a result*fall suits,actions or claims of everynature and deacrtption caused by,arising from,or andconanction ofimprovemem,and pay any and all judgments rendered agai sttheCountyonaceoatofa ysuchMt,actionorclaim,togeterwithallreasonableexpenses and attorney fees neared by County in defending suck snit,action or claim whether tie lability,bas or damage is caused by,or arises oat of the negligence of the County or its offices, agars, employees, or otherwise except for the liability,loss,or damage arising from the imeationaltorts or the gams negligence of the County or its employees while acting within the scope of their employment All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State ofColorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure:The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when a has been determined by the Board of County Commissioners that the rood acuities providing seams to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement in part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: 2 The legal description of the property to be served. The name of fir owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider,applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision,Resobdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement The current address of the person to be reimbursed during the term o f the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improve menu. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtail reimbursement underthis section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed under an improvem ants agreem ent,the subsequent subdivider,applicant,or owner shall reimburse the original subdivider,applicant,or owner,for a portion of the original construction cost In no event shall the original subdivider,applicant,or owner collect an amountwhich exceeds the total costa improvements less the pro rata share of the total trip impacts generated by the original development Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent subdivider,applicant or owner shall be submitted to the Department of Planning S ervices prior to recording the Subdivision,Resub division,or Planned Unit Development Final Plat 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement willbe based upon a pm rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of ' nonresidential developments iatndedto use the road improvement The amount of road improvement costa shall also consider inflation asmeasured bytbe changes in the CbloradoConstruction Costlndex used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner,or by further mad improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the iostisate of Transportation Engineers shall normally be used kiraleulating a reasonable pro rata share of the road improvement construction costs for all Subdivision's,Resubdivisions,or Planed Unit Developments. A special transponder'study shell be used for land uses not listed in the ITE Trip Generation M.. 1. Any questionabout the number of tips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement un der the off-site improvements agreement entered into between the subdivider and the County,is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants, or owners. 3 6.0 'Acceptance of Streets for Maintenance b v the County: Upon compliance with the following procedures by the Applicant,street within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been starred but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfac tory to the County;and all terms of this Agreement have been faithfully kept by Applicant 6.3 Upon completion oftheconstradionof streets within aSubdivisionorPlanned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that the County Engineer inspect the streets and recommend thatthe Board of County Commimionersaccept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actnalrepair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets,the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shallreinspect the streets afternotification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the sheets are constructed according to County standards,he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development,the Board of County Commissioner shall accept said streets as public facilities and County property,and shall be responsible for the fall maintenance of said street including repair. 7.0 General Requirements for Collatemb 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreem ent Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to finalapproval by the Board of County Commissioner and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. if acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(I)yearafter the Final Pat approval(not one year oiler acceptable collateral is submitted)unless the applicant,) requests that this Agreement be renewed at least thirty(30)days prior to its e ation and further Provides that cost estimates far the remaining improvements are undated and collateral is_provided in the amount of One-Hundred percent(100%)ofdre value oftire imarovementsremainine to be completed lfimprovements are not completed and the agreement not renewed within these time frames,the County,at is discretion,may make demand on allor a portion of thecollateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings o f a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered bycollateralwhich will prohibit the conveyance of the property or the issmnce of building permits until collateral is provided or until improve means are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit"A"will be adjusted higher o r lower for the year and quarter in 4 which the contemplated work is being perfonned based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided costs stimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index atthe lime of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall nate at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhib its"A"and "B." 8.1.2 The Letter ofCredit shallprovide for payment upon demand to Weld County lithe developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the unrelated portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent(100%)of the estimatedcosts of completing the uncompleted portions ofile required improvement,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e.,streets, sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date ofproposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Platapproval,whichever occurs first. Said letter shall stipulate that,in any event the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days writtn notice from the issue of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Comm issioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.L) indicating that the value of the property encumbered in itscurrent degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvement as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraial is required of the property by a Member of the'Institute of Real Estate Appraisers(MA.I.)indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent (100%)of the 5 cost of the improvements as set forth in the Improvements Agreement plus all costs o f sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent gnamntees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon req nest by the County,shall release any remaining ea crowed funds to the County. 8.4 A surety bond given by a corporat surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 !Leanest for Release of Coilaterak Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by W eld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project'as-built"is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appro priate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter must be submitted fromthe appropriate Fire Authorityindicatirg the fire hydrants air in place in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. • 6 9.7 Following the submktal of the Statment of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility comp any. 9.9 The warranty collateral shall be rale ased to the a pplicant upon final acceptance by the B oard of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and OuenSpaces: When the Board of CountyCommissioners,pennant In a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sits other than Subdividon or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan,if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specify obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time ofFinal Plat snbmision of he required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account • to be expended for parks ata later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described,and shall be boding upon the successors in ownership of said Ind. 7 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and}ear first above written. APPLI APPLICANT: TITLE. Subseribedand sworn to before me this a day of 20 zitfl _ My Commission eta: 1-3)01 Notary lie AF. 'HI NE MARGARET A. GREENE NOTARY PUBLIC b1y Commissk... ATTEST_ STATE OF CAI.ORADO.. I UNTY COMMISSIONERS My Commission Expires 0023212IMUNTY,COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 8 Keller Estates PZ#1097,Nine Lot Estate Zoned P 17792 WCR1,Berthoud, CO 80513 East&Adjacent to WCR1 and South 8 Adjacent to WCR38 Section Line Intending to be legally bound,the undersigned Applicant hereby egress to provide throughout this Subdivision or Planned Unit Development the following Improvements: Estimated Unit Construction Improvements Quantity Units Costs Costs Site Grading Strip Topsoil 18428 CY $ 0.95 $ 43,936 Demolition&Abandonment Vader 1 EACH $ 10,000 S 10,000 Street oradMg Subgrade prep 6100 SY $ 0.90 S 19,414 Street Base Asphalt 2,725 TN 3 12.85 $ 51,005 Street Paving Asphalt 8100 SY $ 18.20 3 99,570 Curbs,Gutters,&Culverts $ - Dlgglns Easement Pre Change of Zone expense 1,330 $ 10.12 Sidewalks $ - Stone Sewer Facilities 127 LF $ 30.70 $ 15,817 RetenebnlDetendon Ponds 5930- SY $ 4.78 $ 44,986 Ditch Improvement-Big R MFG 1 EACH $ 22,725 S 22,726 Subsurface Drainage $ Sanitary Sewers S - Trunk&Forced Lines $Water Mains 1788 LF $ 16.95 S 61,992 Laterals(House Connected) $ - On-site Sewage Facilities $ - Dnelte Weter Supply and Storage-Irrigation $ - Water Mains(Includes Bore) (included above) S - Fire Hydrant High Pressure 870 LF $ 31.00 $ 36,206 Survey&Street Monuments&Boxes 1 EACH $ 15,000 6 16,000 Street Lighting 3 - Street Names,Signage,Kiosk 1 EACH $ 15,000 S 15,000 Fence Requirements 3000 IF $ 10.20 Landscaping 1 EACH S 8,600 S 8,800 Park improvements S - Road Culvert 200 LF S 27.45 $ 12,586 Grass lined Swale,Rock Walls Telephone $ - Gas-Propane Tanks S - Electric Water Transfer 8 EACH $8,365.00 SUBTOTAL: S 458,806 Engineering&Supervision Costs: Testing,inspection,as-buM plans,wart in addition to preliminary S final plat: S 22,780 Supervision of actual construction by contractors S 22,800 TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION S 502,385 9 EXHIBIT "A" Name of Subdivision or Planned Unit Development Filing Location: Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements - Quality Units Unit Estimated Construction Costa Cost Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer fannies Reteatioa ponds Ditch Improveineah Subsmfate drainage Salary sewers Trout and forced lines Maim Laterals(horse connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey add sheet monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvaeah Road advert Grass lined Swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs$ (Testing,inspection,as-builtplans and work in addition to preliminary and final plat;supervision of wtual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 9 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld Comity,or its duly authorized agent. Said improvements shall be completed according to the construction n schedule set o thi in in Exhibit 93.• By: /fie C /Aon �s Applicantit L e Applicant Date: 20 (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 10 BreakNeck Weld Properties,Inc. EXHIBIT "B" Name of Subdivision or Planned Unit Development: Keller Estates Filing: PZ#1097, Nine Lot Estate Zoned PUD Location: 17792 WCR 1,Berthoud,CO 80513; East& Adjacent to WCR1 and South & Adjacent to WCR38 Section Line All improvements shall be completed within one year from the date of approval of the final plat. Construction of the improvements listed in Exhibit AA shall be completed as follows: Time of Completion Improvements: after final plat approval Site grading Four weeks Street grading Six weeks Street base Twenty-six weeks Street paving Twenty-seven weeks Curbs,gutters& culverts - Sidewalks - Storm sewer facilities Seven weeks Retention ponds Eight weeks Ditch improvements Thirty weeks Subsurface drainage - Sanitary sewers - Trunk and forced lines - Mains Ten weeks Laterals(house connected) - On-site sewage facilities - On-site water supply and storage - Water mains(included above) - Fire hydrants Eleven weeks Survey and street monuments and boxes Thirty-five weeks Street lighting - Street name signs, Kiosk Thirty-eight weeks Fence requirements - Landscaping Forty-five weeks Park improvements - Road culvert Nine weeks Grass, lined swale - Telephone - Gas - Electric - Water transfer - SUB-TOTAL: Forty-five weeks 11 EXHIBIT"B" Name of Subdivision or Planned Unit Development Filing Location: All improvements shall be completed within _years from the date of approval of the final plat Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Street base Street ravine Curbs.cutters.and culverts Sidewalk Storm sewer facilities Estonian ponds Ditch Inwrovemels Subsurface drain= Sanitary sateen Trunk and forced lines Mains lateral(home coonectedl On-site sewage facilities On-site water sunk and Swage Water mains Fire hydrants Smvev and street mcswta and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Rod culvert Grass lined swab Telephone Gas Electric Water transfer • SUB-TOTAL: 11 The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. Applicant / C_ Applicant - - Date: ,20 Title (lf corporation,to be sign ed by President and attested to by Secretary,together with corporate seal.) 12 Mar 21 07 10: 45a TOM 29DIGFM 303-202-361❑ p. 1 Fax Cover Sheet Date3/21/07 Page 1 of 2 including cover To: Kim Ogle Fax 970-304-6498 970-353-6100, X3540 Dear Mr. Ogle; Please review and advise. Best Regards, From: Tom Radigan BreakNeck Weld Properties, LLC 303-881-1996 Fax-303-202-3610 An element of all these offenses is tl 'ou were in Weld to 12 months in jail a fine of$250 to $1000. However, if you County Colorado on or about the date, time, ana place charged. have previously been c,,..✓icted of violating C.R.S. 18-6-803.5 or a former version or analogous municipal ordinance, then this offense is a class one misdemeanor. Then, the possible penalty is six to 18 SECTION A: The elements and penalties of months in jail and a fine of$500 to $5000. RASSMENT, §18-9-111,C.R.S., are: 1.With the intent to harass, annoy, or alarm another person you: SECTION E: The elements and penalties of MENANCING, (a) Struck, shoved, kicked, or otherwise touched a person or § 18-3-206, C.R.S.,are: subjected that person to physical contact; or 1. You knowingly, by any threat or physical action, (b) In a public place directed obscene language or made an placed or attempted to place another person in fear of imminent obscene gesture to or at another person; or serious bodily injury. (c)Followed a person in or about a public place; or 2. The possible penalty for this class 3 misdemeanor is up (e) Initiated communication with a person, anonymously or to 6 months in jail and a fine of$50 to $750. otherwise by telephone, computer, computer network, or computer system, in a manner intended to harass or threaten bodily injury or property damage or made a comment, request, suggestion, or SECTION F: The elements of FALSE IMPRISONEMENT, proposal by telephone, computer, computer network, or computer § 18-3-303,C.R.S. are: system, which was obscene, or 1. You knowingly confined or detained another without the (f) Made a telephone call or caused a telephone to ring other's consent and without proper legal authority. repeatedly, whether or not a conversation ensued, with no purpose of 2. The possible penalty for this class two misdemeanor is three legitimate conversation;or to 12 months in jail and a fine of$250 to $1000. (g) Made repeated communication at inconvenient hours that invaded the privacy of another and interfered in the use and SECTION G: Definitions: Domestic Violence, C.R.S. 18-6- enjoyment of another's home or private residence or other private 800.3 (1); Intimate Relationship,C.R.S. 18-6-800.3 (2): party; or 1. "Domestic violence" means an act or threatened act of (h) Repeatedly insulted, taunted, challenged or made violence upon a person with whom the actor is or has been involved communications in offensively coarse language to, another in a in an intimate relationship. "Domestic violence" also includes any manner likely to provoke a violent or disorderly response. other crime against a person or against property or any municipal 2. The possible penalty for this class three misdemeanor is up to ordinance violation against a person or against property, when used six months in jail and a fine of$50 to$750. as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been SECTION B: The elements and penalties of THIRD involved in an intimate relationship. tREE ASSAULT, § 18-3-204, C.R.S.,are: 2. "Intimate relationship" means a relationship between 1. You knowingly or recklessly caused bodily injury to another spouses, former spouses, past or present unmarried couples, or person or with criminal negligence you caused bodily injury to persons who are both the parents of the same child regardless of another person by means of a deadly weapon. whether the persons have been married or have lived together at any 2. The possible penalty for this class one misdemeanor is six to time. 24 months in jail and a fine of$500 to $5,000. *In addition to any sentence that is imposed upon a person • for violation of any criminal law any person convicted of a crime SECTION C: The elements and penalties of CRIMINAL involving Domestic Violence shall be ordered to complete a MISCHIEF, § 18-4-501, C.R.S., are: treatment program and evaluation that conform with the 1. You knowingly damaged the real or personal property of one standards adopted by the domestic violence treatment board. or more other persons, including property owned by the person jointly with another person or property owned by the person in which Definitions: another person has a possessory or proprietary interest, in the course (1) Intentionally: A person acts "intentionally" or "with intent" of a single criminal episode. when his conscious objective is to cause the specific result proscribed 2. Where the aggregate damage to the property is less than$100 by the statue defining the offense. It is immaterial to the issue of criminal mischief is a class three misdemeanor with a possible penalty of up to six months jail and a fine of$50 to $750. specific intent whether or not the result actually occurred. Where ( ) Knowingly: .k person acts "knowingly" with respect to the aggregate damage to the property is between $100 conduct or to a circumstance described by a statute defining an and $500, criminal mischief is a class two misdemeanor with a possible penalty of three to 12 months in jail and a fine of$250 to offense when he is aware that his conduct is of such nature or that $1000, such circumstance exists. A person acts "knowingly" with respect to a result of his conduct, when he is aware that his conduct is SECTION D: The elements and penalties of VIOLATION practically certain to cause the result. OF A PROTECTION ORDER, § 18-6-803.5(1), C.R.S., are: (3) Recklessly: A person acts "recklessly" when he consciously 1. You knowingly contacted, harassed, injured, intimidated, disregards a substantial and unjustifiable risk that a result will occur molested, threatened, or touched a protected person or came within a or that a circumstance exists.. rifled distance of a protected person or premises. 2. Such conduct was prohibited by a protection order issued by a state or municipal court. 3. You had been personally served with such order or otherwise had acquired from the court actual knowledge of its contents. 4. The possible penalty for this class two misdemeanor is three • Revised 7/19/2005 Hello