The URL can be used to link to this page

Browse Search

Home My WebLink About20060742.tiff • PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number O 7 co c - O S - 3 - c? 0 - 0 IA (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 A pnr t;,,,,1 0{ 4 S0‘,4-IA '12 of , Section 5- , Township 7 North, Range ( 1 West Property Address(If Applicable) Existing Zone District : AG Proposed Zone District: E Total Acreage: Sq. l,3 Proposed #/Lots 9 SlneplAerds ( 1R Average Lot Size: Co. I7 AC Minimum Lot Size: Slot AC Proposed Subdivision Name: Es4a4cs Proposed Area (Acres)Open Space: ° acres of propose.). opc" Spec rto Qec S.4 4. JI;r\ `�(w ,le Are you applying for Conceptual or Specific Guide? Conceptual Specific 1� FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: Scts ; S ;cs Vev�k ccS, LLC Work Phone# 97o-z/S-sz99 Home Phone# Email Address -Elkgtopofcc2ygtioo•coo dress: 0.o, 3ov. tzys _..y/State/Zip Code Rork Cot t;.,s to Sos'zz- lzffs APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: %w.ot“..,1 IA topncc P E. Work Phone# sz99 Home Phone# 97o-zzs- 7•Izq Email Address {Nwtopo�F QYoteoo,cc, Address: 2819 Sccco,a.,v Jkrec-F City/State/Zip Code f=or! Coll ;.+s Colorc,do I0SZCo UTILITIES: Water: tour+t1 1.0 clef er 17 ;�kr;ci Sewer: I�tcelder `a-,n :4e�A r:c. Gas: )Ccr 1 fz,,.eryy. Electric: -?c, .Are Vr;lkit( cQA_ T„,. Phone: O,,,es+ DISTRICTS: School: Weld l oc w+ 1 cct.00l D;#r;c4 , Re-c( Fire: ?o. dre VAtle1 c,rt. ,,,er;+.I Post: LA .5. Poo+o.t Scrv.cc I(We)hereby depose and state under punalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County, Colorado: Signature: O n or Au jl z d Agent Date Signature: Owner or Authorized Agent Date EXHIBIT 2006-0742 Cui-tn7 E..r• c (2Eco/ot-0 STATEMENT OF AUTHORITY (§38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Soaring Skies Ventures, LLC. 2. The type of entity is a limited liability company: 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is P.O. Box 1245, Fort Collins, Colorado 80522-1245. 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Timothy J. Halopoff, Member/Manager. 6. The authority of the foregoing person to bind the entity is not limited. 7. This statement of Authority is executed on behalf of the entity pursuant to the provisions of§38-30-172, C.R.S. Executed this 2 34°day of August, 2005. Soaring Skies Ventures, LLC By: (//�//r-/�J Timothy J. H opoff, Me Manager STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2 3I�day of August, 2005, by Timothy J. Halopoff, as Member/Managers of Soaring Skies Ventures, LLC. Witness my hand and official seal. `�1111111111f�p� My commission expires: J�- 2(- 200 S \ E\SEA146'i t ��ar y . Notary Public 9 • PUB�� : O Wolfe,After recording, Ackem 8 Cuypers LLP i��''q .e� C.�Off``` 1008 Centre Avenue r- Fort Collins,Colorado 80526 October 10, 2005 Sheri Lockman, Planner II Weld County Department of Planning Services North Office 918 10th Street Greeley, CO 80631 RE: Shepherds Hill Estates PUD, PK-1099 A parcel of land described as Lot B of RE-3685, being a part of the S'% of Section 5, Township 7 North, Range 67 West of the 6th P.M., Weld County Colorado. Dear Ms. Lockman, At this time JR Engineering is happy to submit to you for your approval and recommendation, this PUD Zone Change application package for Shepherds Hill Estates. JR Engineering thanks you and everyone involved in the Weld County subdivision process for your timely consideration of this 9-lot community. After thorough review of the comments received during the Sketch Plan phase, we feel that the issues raised by all involved are able to be fully addressed and resolved with the documents provided herein and/or during the Final Plan submittal. We are eager to continue to work with you toward the Public Hearing and Final Plan stage of the Shepherds Hill Estates entitlement process. The remainder of this letter will serve as a summary for all of the concerns that were submitted by the various agencies following our Sketch Plan submittal. These responses may be found in the "Response to Department Comments" section of this letter. I have also included several agreements with governing jurisdictions, documents of ownership and acceptance letters concerning the road entry and it's median design. Following closely with your letter dated September 14, 2005, we offer the following information and resolutions to your Application and Referral Overview: Shepherds Hill Estates shall comply with all urban standards set by Weld County and shall include 15% of the site in open space and pavement. The 15% community open space excludes street ROW's, and pavement street sections shall comply with Weld County's urban standards. This site is currently zoned Agricultural (Ag) and we are requesting that it be changed to PUD - (9 Lot) Estate. Originally, the Sketch Plan submittal application noted that the intended zone he changed to E. That was an error and we thank you for catching that errant notation on our behalf. This property is clearly adequate for PUD - (9 Lot) Estate uses and is not intended to be held under the Estate (E) land use restrictions. The owner, Soaring Skies Ventures, LLC (SSV LLC) intends to draw up, record and submit to Weld County, certificates from the Secretary of State that confirm the formation of a Home Owners Association (HOA) prior to recordation of the Final Plat. It is our intent, to place the pedestrian shelter, the group mailbox, entrance feature/signage and detention pond on property owned and maintained by the HOA. JR Engineering has contacted both, the US. Postal Service (Carl Jenkins) and Weld County School District RE-4 (John Karbula) to request written approval of the location of their facilities that we are proposing, as well as to confirm the acceptance of the Entrance Island and Streetscape. We have provided letters from both jurisdictions that affirm the review and approval of the facilities that will service their needs. The turnaround shown on all plans of this subdivision has been offered by Jeff Couch and reviewed by most agencies that operate in Weld County and has been accepted by Weld County RE-4, U.S. Postal Service and Poudre Fire Authority. The development sign, emergency access, detention pond, mail pedestal and pedestrian shelter shall be owned and maintained by the HOA. The Change in Zone Plat and application shall show dedication of 15% of the 54.63-acre Shepherds Hill Estates site, a min of 8.19 acres, to a permanent community open space. The individual lots and street ROW's are not included as community open space. According to Section 27-6-80, the HOA will be responsible for liability insurance, taxes, and maintenance of the community open space and other facilities, and shall also follow all requirements stated thereof The North Weld County Water District will serve Shepherds Hill Estates with potable water. This assurance is made and verified by the Draft Water Service Agreement for a Single System and has been submitted with this packet. Once the North Weld County Water District has approved the waterline construction plans, the Water Service Agreement will be executed. Water service taps are available and will be purchased and installed prior to the construction of each estate home. Lee Morrison, the Assistant Attorney for Weld County has reviewed the agreements and approves the water assurance. Our letter requesting approval and signed approved is attached. An agreement has been discussed and reached with the North Poudre Irrigation Company, which is similar to the agreement reached with the Sage Hill (formally Eagle Ridge Estates)properties. A 35' easement will be dedicated and recorded as a separate document, which establishes uses of the ditch easement. The Poudre Fire Authority (PFA) comments shall be addressed and shown on the plat and construction sheets. The PFA shall receive a copy of the plat submittal and construction plan set submittal and be able to review the sheets to acknowledge that all of PFA 's comments are to be recorded and incorporated in the design. A note will be added designating that a Knox Lock will be in place at the entrance of the emergency access to restrict access to emergency vehicles only. The rights to surface drilling and mining on this property are in the process of being relinquished by Anadarko Land Corp. and Anadarko E&P Company LP. Documentation provided by Legal Council has been included in this submittal that clearly identifies that the $5,000.00 purchase price of relinquishments has been offered and a counter offer has been submitted to Anadarko. This agreement will ensure that SST, LLC or its assignees or agents owns surface rights outright, and that if drilling or mining were to be performed in the area by Anadarko, it could not be performed on this property and there will not be any need for easements. JR Engineering intends to work with the Weld County Department of Public Works to satisfy any requirements that the department instates. Please, refer to the "Response to Department Comments" section that follows, which individually addresses comments listed on the Weld County Referral sheets. JR Engineering has reviewed the Weld County Road Impact Fee Schedule (Table 20.1) as required by Ordinance 2002-11 and calculates that $17,883.00 will be the shared cost for Shepherds Hill Estates, considering that Shepherds Hill Estates will have (9) Single- Family Detached Dwellings. The owner will pay those fees as outlined in the Ordinance. Amelia, with the Town of Severance Planning Department was contacted and stated that Shepherds Hill Estates is outside of their area of concern, and they have no comments pertaining to the sketch plan. When asked to receive a memo stating that the Town had no concerns, she confirmed that she had sent her reply to the Weld County Planner and that if it was not received by our submittal date, that the statement would then hold true that "Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. " The ultimate goal of this Zone Change Submittal package is to be scheduled for hearing and approved for changing the zoning on this property from Agricultural (Ag) to PUD — (9 Lot) Estate. JR Engineering greatly appreciates your efforts in reviewing this submittal and hopes that this response letter in conjunction with the Weld County Referral Responses (attached) will help to expedite your work more efficiently. Thank you and please feel free to contact me at your earliest convenience if there is anything that I may help you with. Warm regards, /fin JR Engineering Timothy J. Halopoff, P.E. Lead Project Engineer Cc: File Monday, October 10, 2005 "Response to Department Comments" For Shepherds Hill Estates Case# PK-1099 Department of Public Works (Peter Schei, P.E.) 1. In light of the fact that there are only (86) vehicle trips generated for this proposed subdivision, a traffic study will not be necessary. 2. County Road 15 is paved and currently has a 60' ROW dedicated as shown by the current location of the westerly property line of Shepherds Hill Estates. The location of the ROW will be verified and documentation creating the ROW will be noted on the change of zone plat. 3. The typical section of Shepherds Hill Road will include a 60' ROW as well as a 65' radius ROW in the bulb of the cul-de-sac. The respective road pavement section will include 2x12'paved lanes and a 4'gravel shoulder on either side. The cul-de-sac bulb will include a 50'paved radial turnaround as well as a 4' wide gravel shoulder on the circumference. 4. A pavement design prepared by a Professional Engineer will be submitted with the final design drawings. 5. All applicable easements will be shown on the Final Plat. 6. Sight distance triangles will be shown on the Final Road Improvement Plans and vegetation within those triangles will be no more than 3-1/2'tall at full maturity. 7. Professionally stamped drawings which will include a Final Plat and Final Roadway/Construction and Grading Plans complete with construction details will be submitted following change of zone approval and Change of Zone recordation. 8. A signing and Striping sheet will be included in the set of Roadway/Construction Plans and will adhere to the MUTCD. 9. The applicant will submit and get approval of all required agreements including "Improvement Agreements According to Policy Regarding On-site Improvements". 10. The detention pond shown on Tract A will be located within a drainage easement and maintenance will be defined in the HOA covenants for the PUD. The easement will be recorded on the final plat and will be included as a portion of the required 15% open space 11. A Final drainage Report will be professionally prepared, stamped and submitted for approval with the construction documents. The 5-yr and 100-yr storm drainage studies will be included and the pond will be designed to detain the 100-yr developed condition while releasing at the 5-yr historic condition. A flood hazard review will be conducted referencing FEMA defined floodways. 12. A typical lot-grading plan will be included in the final construction set, depicting front, rear and side slopes along with respecting lot swales. It has been noted that there is uphill drainage along the west and east sides of Shepherds Hill Road and will be addressed with the construction of a swale along the north side of the emergency access road. 13. A Final Drainage and Erosion Control Plan will be professionally prepared, stamped and submitted for approval and will include a detail of the typical grading of a residential pad site. Department of Public Health and Environment(Pam Smith) I. A Draft Water Service Agreement with North Weld County Water District has been submitted and Boxelder Sanitation District has allowed Individual Sewage Disposal Systems on each lot. We plan to provide Primary Septic Envelopes only, as Ms Smith has indicated that Secondary Envelopes will not be necessary due to the size of the lots. 2. The Specific Development Guide (Attached)seems to he adequate to expand on the initial impact scope. If there are any items not elaborated upon enough, please contact me at your earliest convenience. State of Colorado Department of Natural Resources (Karen A. Berry) 1. Additional geotechincal investigations, beyond your received preliminary geotechincal report, will be conducted when building locations are finalized for foundation designs. The entire site will be sold to individual builders and the builder will conduct further lot- specific geotechincal investigations to provide information characterizing the soil engineering properties within the finalized building envelopes. Addition geotechincal investigations, conducted by EEC, will determine the appropriate road sections within the site. 2. The construction of this PUD's homes will follow all recommendations provided from the geotechincal engineer. All perimeter foundation systems will be constructed to outlet as far away as possible from all structures. 3. The Individual Sewage Disposal Systems will be designed with the flexibility of connecting into a public sanitary sewer system as it becomes available. Department of Natural Resources-Division of Wildlife(Dave Clarkson) 1. Within Shepherds Hill Estates' covenants, set by the HOA, will be a set of Design Guidelines that the residents will be required to adhere to. When a resident proposes to construct a fence, he/she will be required to construct a 3-railed equestrian fence, stated within the Design Guidelines. It will be noted that the bottom rung will be required to be a minimum of 18"from the ground and the top rung to be no higher 42'from the ground. 2. The Covenants, Codes, and Restrictions (CC&Rs) will set the requirements for pet and livestock owners and set certain restrictions such as leash laws. Due to the rural environment and livestock surrounding Shepherds Hill Estates, it will be in the best interest of the pet owners to not allow free roaming pets and to require leash requirements. 3. The CC&Rs will also contain the weed management requirements. The HOA will be responsible to maintain weed control within the open areas. Under the Colorado Storm Management's requirements, any disturbed land will need to the established promptly with native vegetation to control erosion and sediment from traveling off site and will also prevent invasions by weeds. Department of Building Inspection (Frank Piacentino) I. Building Pennits will be obtained for all applicable structures including future entry way and or gates. 2. All applicable structures that are intended to be built on-site, will be submitted to Weld County for review and will have the appropriate professional stamp or seal affixed. 3. All buildings that are intended for construction on-site will comply with the current adopted Weld County standards and codes at the time of their approval process. 4. Each residential structure will have a site-specific final geotechincal foundation report performed and all residential buildings will have foundations designed by a Professional Civil Engineer. 2 5. All zoning ordinances and building codes implemented by Weld County will be adhered to. Weld County Sheriffs Office(Ken Poncelow) 1. The subdivision signage shall be placed in the center median of the entryway and will be owned and maintained by the Homeowners Association. 2. If the roadways within this subdivision are not maintained or adopted by the County, the Homeowners Association will adopt and maintain the roadways during all seasons of the year. The subdivision will be fully accessible at all times and the Sheriffs Department will have full accessibility to perform its duties. The residents will be notified that the Sheriffs Office will have limited traffic enforcement powers if the county does not adopt the roadways. 3. The Homeowners Association will be responsible for keeping roadways fully accessible for emergency vehicles. 4. A Homeowners association will be created and recorded before final plan approval. This association will maintain all common areas, detention ponds and roadways, should weld County choose not to maintain the road. The association will have a contact for the Sheriff and Fire Authorities and work with all jurisdictions to provide a safe neighborhood. 5. Anadarko Land Corp is in the process of relinquishing the surface rights to drill or mine for gas, minerals or hard minerals. No drilling or mining will be allowed on this property. 6. The street naming will be coordinated with the Sheriff's Office for approval before recordation of the final plat. North Weld County Water District(Alan Overton) 1. North Weld County Water District has confirmed that Shepherds Hill Estates does comply with its Comprehensive Plan. They have promised the subdivision (9) water taps and have supplied Soaring Skies Ventures, LLC with a Draft water Service Agreement as intent to service the subdivision. Weld County RE-4(John Karbula) 1. Weld County RE-4 has approved of this subdivision and has asked for a fee of$10,931.13 for the impact of(9) residential homes on the district, which Soaring Skies Ventures, LLC has accepted. 2. Weld County RE-4 has approved the entrance median and location of the pedestrian shelter (Memo Attached), as being conducive and appropriate to ensure the safety of all pedestrians and school busses. North Poudre Irrigation Company(Stephen R. Smith) 1. An agreement has been discussed and reached with the North Poudre Irrigation Company, which is similar to the agreement reached with the Sage Hill (formally Eagle Ridge Estates)properties. A 35' easement will be dedicated and recorded as a separate document, which establishes uses of the ditch easement. Office of the State Engineer of Colorado(Dick Wolfe, P.E.) 1. The cover letter provided by Alan Overton, dated June 8, 2005 states that the North Weld County Water District intends to supply adequate water flows to all (9) of the residential estates proposed In an attempt to further insure service, Mr. Overton supplied Soaring Skies Ventures, LLC with a Draft Water Service Agreement that he felt would be more of a commitment that a letter of intent. 3 2. A signed copy of the Water Service Agreement from the District will he supplied to Weld County prior to the final approval of the subdivision. Boxelder Sanitation District(Ravi Srivastava) 1. All sanitation lines leaving the homes of this subdivision will flow with the natural grade of the topography, which is toward a paved road and will be easily accessible to any future main sewer line that is installed thereafter. Larimer County Planning Department(Jill S. Bennett) 1. Larimer County has reviewed the plans and finds that no conflicts exist between the developing of Shepherds Hill Estates and Larimer County. Weld County Zoning Compliance(Ann Srion) 1. Weld County Zoning has reviewed the Shepherds Hill Estates plans and finds that no violations exist. Town of Severance(Unknown) 1. The Town of Severance finds no conflicts between the development of Shepherds Hill Estates and the Town. Through phone conversations, and the lack of receiving the referral or comments, the Town of Severance Planner stated that Shepherds Hill Estates is out of their area of concern and have no comments. Poudre Fire Authority(Michael A. Chavez) 1. The emergency access shall be constructed under the required conditions listed on the comments sheet and in the UFC. 2. All of these comments are addressed properly on the plans. No residential building will be built further than 400'from afire hydrant, the fire hydrants are not further than 800' apart and the water supply requirements will be met by services provided by the North Weld County Water District. 3. All residential buildings that cannot be serviced by a hydrant, or with first story walls further than 150'from an approved fire apparatus point of access shall be sprinkled. JR Engineering and Soaring Skies Ventures, LLC greatly appreciates the thorough review of Shepherds Hill Estates by all of the jurisdictional agencies and looks forward to building a beautiful and safe community of upscale estate homes. Please, feel free to contact me at your earliest convenience if I may be of assistance to the process of approving the change of zone on this property. Warm regards, //// JR Engineering,LL Timothy J. Halopoff, P.E. Lead Project Engineer 4 SPECIFIC DEVELOPMENT GUIDE For Case# PK-1099 SHEPHERDS HILL ESTATES MAJOR COMPONENT ONE A. ENVIRONMENTAL IMPACTS 1. Noise and Vibration: Shepherds Hill Estates will contain (9) Estate Lots. Each lot will be allowed (1) medium-sized outbuilding and a limited number of loafing sheds for a, per acre restricted ratio, of horses. These restrictions will be thoroughly covered in a Homeowners associations CC&R's. The natural vibrations given to the ground by horse galloping will not adversely affect any structure or property. There will be no Industrial, Agricultural or Commercial activities allowed on this property, therefore, the noise decibels exuded from this subdivision would be similar to that of any Estate Residence Community. The noise and vibration levels will be negligible. 2. Smoke, Dust and Odors: The CC&R's for Shepherds Hill Estates will prohibit burning of any kind as a source for disposal and/or clearing of brush and weeds. This will largely eliminate smoke from the subdivision. Lawn equipment will be allowed for purposes of landscape maintenance. The existing irrigation system will remain in use as means of flood irrigating each individual property. This system will allow for dust reduction by promoting ground cover and foliage. The subdivision will have a paved road with gravel shoulders, which will further enhance dust control. The CC&R's will provide for guidelines that will require and monitor horse living areas to ensure that maintenance and sanitary practices are regularly in use. Shepherds Hill Estates will be serviced by a solid waste disposal company, which will remove household garbage from individual properties. 3. Heat, Light and Glare: Heat, Light and Glare will not be an issue to neighboring properties because of the rural nature of this development. There will be no streetlights to illuminate the starry country sky at night. CC&R's will control the lighting that is allowed on the outside of homes and on the property. Besides windows being installed on the homes, glare will not play an important role in this project, as would be the case with a commercial or industrial building. The estate homes planned will have minimal impact to the neighbors and the natural environment. 4. Visual/Aesthetic Impacts:Shepherds Hill Estates will have protective covenants, which will minimize adverse visual impacts while increasing the aesthetic value of the general area. The covenants will govern building heights, building materials, exterior colors and structure placement. Attractive landscaping and groundcover will compliment the estates as well as the entry features and detention pond area. Large lots combined with terrific relief will promote a country living environment as well as increase property value throughout the area. Homes will be strategically placed to create view corridors that will facilitate an open airy feeling for both the estate owners and surrounding property owners. All improvements will compliment and follow the existing grade contours so as not to disturb the hillside. 5. Electrical interference: There are no facilities added to this subdivision that will add electrical disturbance or create electrical interference of any kind. The electrical needs of these properties will be low and existing facilities will serve the subdivision, thereby requiring no change to the existing electrical infrastructure. CC&R's will limit antenna and satellite dish location and height. 6. Water Pollution: Shepherds Hill Estates will improve both surface and groundwater quality. The elimination of agricultural activity, especially dairy producing cows, will reduce the chemical and sediment loads historically carried by storm runoff and groundwater seepage from this site. A detention pond will further cleanse the storm water by allowing time for the sediment to settle and decreasing the peak flow rates during storm events. 7. Wastewater Disposal: Wastewater generated from each individual residence will be treated and maintained on each lot via the use of Individual Sewage Disposal Systems (ISDS). Boxelder Sanitation District and Weld County both approve of the use of these clean and efficient systems. All such units will comply with the requirements set forth by the Weld County Health Department guidelines and regulations. 8. Wetland Removal: There are no wetland areas existing on this property. Therefore, the improvements proposed for this property will in no way adversely affect wetland lands. 2 9. Erosion and Sediment: Historically, this site has been free of any dramatic erosion or sedimentation due to the moderate levels of natural groundcover growth onsite and the gradual existing grades. There is currently no evidence of erosion or sedimentation occurring. A specific erosion control and landscape plan will be prepared for this project that will ensure the stability of the land. 10. Excavating, Filling and Grading: No overlot or mass grading will be performed on this project. The disruption of this site will be minimal and will be limited to road grading and ditch installation. Following utility installation, an at grade road will be constructed and paved, which will eliminate any signs of grading. Individual homebuilders will construct and clean onsite as required by State Storm Water Management Plan Permits require. Impacts caused by site construction will be negligible. 11. Drilling, Ditching and Dredging: There will be no drilling, ditching or dredging necessary to complete the construction of this development. 12. Air Pollution: The Homeowners Association will limit and restrict the operation of gross pollution machines and vehicles. There are an estimated 86 vehicle trips per day produced by this subdivision. The amount of air pollution generated by this subdivision is extremely low and will impact the environment and neighboring homeowners at unnoticeable and immeasurable levels. 13. Solid waste: Solid waste will be removed from the site by a commercial waste hauler. Individual estate owners will be responsible for contracting with the waste disposal company of their choice. 14. Wildlife Removal: This site has historically been used for dairy farming and has been maintained as needed by tractor equipment. Neither there exists nor has existed any wildlife habitat on this site. Most migrating birds and herds travel along the ridge to the east where the land has been covered by open space and natural wildlife easements. 15. Natural Vegetation Removal: The natural vegetation on this property is of poor quality and mainly consists of sparse dryland wheat and weeds. Mowing currently controls the natural vegetation. When the road, entrance feature and detention pond are constructed, great care will be given to landscaping to ensure the reintroduction of natural and native vegetation. 3 Upon individual lot building, landscaping and revegetaion will meet or exceed the current plant and groundcover quality. 16. Radiation/Radioactive Material: The geological hazards report for Shepherds Hill Estates indicates that there is no radioactive substructure or material located beneath or on this site. Additionally, no radioactive materials will be allowed to exist or be stored on site. 17. Drinking Water Sources: A potable water system will be provided for this subdivision by the North Weld County Water District. Delivery of this water is currently available and will be provided by an eight-inch water line in WCR 15. A six- inch or eight-inch water line will be built under the proposed Terra firma Road cul-de-sac with (9) water tap services that extend to the individual estate lots. 18. Traffic Impacts: Weld County Public Works estimates that the (9) residential estate lots will add 86 trips per day to the surrounding transportation infrastructure. This impact will have an insignificant impact on the existing roadways in the area. The proposed cul-de-sac for the subdivision will be a paved local street and will connect to WCR 15. MAJOR COMPONENT TWO B. SERVICE PROVISION IMPACTS 1. Schools: School services for Shepherds Hill Estates will be provided by Weld County RE-4 School District, which is based in Windsor, Colorado. An agreement has been created that establishes an impact fee of $10,931.13 for the (9) lot additions. The district has also approved the school bus pick-up/drop-off entrance median and pedestrian shelter. This entrance median eliminates the need for a bus turnout on WCR 15. 2. Law Enforcement: Law enforcement shall be provided by the Weld County Sheriff's Department. The Sheriff's Department has reviewed the sketch plan submittal package and is supportive of the Shepherds Hill Estates Homeowners Association that will provide contact information and support to the Department. The subdivision will include amenities that will address their concerns about subdivision signage, street addressing and accessibility maintenance. 4 3. Fire Protection: Fire protection shall be provided by Poudre Fire Authority. Fire hydrant spacing and locations, roadways, turnarounds and signage have been provided on the plans as required by Poudre fire Authority. 4. Ambulance: Ambulance services will be provided by the Northern Colorado Ambulance Service. 5. Transportation: Regional transportation for Shepherds Hill Estates is provided by WCR 15 and cross streets WCR 84 and 86. WCR 84 and 15 are 24' fully paved street sections and WCR 86 is a 24' graded and partially paved street section. WCR 84 and 15 exist within a 60' Right of Way. WCR 86 currently has no Right of Way dedicated to the north of this property and is currently not maintained by the Weld County Public Works Department. The proposed Shepherds Hill Drive cul-de-sac shall be a 24' paved street section complete with 4' gravel shoulders and borrow ditch on both sides. Shepherds Hill Drive shall tie into WCR 15. 6. Traffic Impact Study: A traffic impact study is not required by the Weld County Public Works Department because of the minimal impact that this subdivision will have on the existing transportation corridors. 7. Storm Drainage: All storm drain patterns will be maintained by the system installed on site. All flows will drain west as they do historically, and will be directed to a detention pond that will reduce the 5 and 100-year storm events to existing rates before discharging the flow to the existing 15" storm pipe that runs west under WCR 15. The detention pond will settle suspended solids and reduce direct storm flow, thereby improving the quality of runoff. 8. Utility Provisions: All of the jurisdictional utility service providers have been contacted and have approved Shepherds Hill Estates for service either by Letters of Intent to serve or by actual Line Extension Service Contracts. The jurisdictions have verified that the current systems have ample sizing to accommodate this subdivision. 9. Water Provisions: Water service will be provided by the North Weld County Water District. A draft Water Line extension Agreement has been provided by Alan Overton that states that (9) taps are available and that potable water service will be provided by the district via an extended water line under the proposed Shepherds Hill Drive. 5 10. Sewage Disposal Provision: Boxelder Sanitation District has approved the use of Individual Sewage Disposal Systems (ISDS) for this subdivision. Percolation tests have been performed by Earth Engineering Consultants (EEC) and have proven that the soils are suitable for an ISDS on all lots. The Weld County Dept. of Health and Environment has concluded that secondary septic envelopes are unnecessary due to the large lot sizes. Each lot will require site-specific Testing. 11. Structural Road Improvements: All adjacent roadways currently meet or exceed the structural capacity and conditions needed to serve this subdivision. The proposed Shepherds Hill Drive will have a final geotechnical report developed prior to approval of the final roadway section. The section will meet or exceed the typical section specified by the Department of Public Works and Chapter 24 of the Weld County Code. MAJOR COMPONENT THREE C. LANDSCAPING ELEMENTS Landscaping for Shepherds Hill Estates will consist of the following elements: 1. Landscape Plans: An approved landscape plan will be generated that clearly represents all of the common space structures and foliage that will include but not be limited to fencing, streetscape, detention pond planting and re-vegetation. The plan will be prepared in accordance with Section 27-9-30 of this document. 2. Perimeter Treatment and Buffering: Shepherds Hill Estates will be complimented with several aesthetic appurtenances that will add delineation and structure to this subdivision. Slight berming and split rail fences will be placed around the perimeter of the tract, mainly where the subdivision is adjacent to public roadways. One tree per lot will be planted to provide streetscape and demarcation of estates. Ground cover and landscaping will be provided in and around the entrance features and detention pond. No mineral or gas wells or mines will be allowed on-site, thereby removing the need to buffer or hide any unsightly elements. Setback easements for structures will be established to buffer the homes from roadways and pedestrians. 6 3. & 4. Maintenance: Maintenance for all improvements within common space areas shall be maintained by the Home Owners Association that will be established prior to final approval. The Homeowners association will maintain the borrow ditches, roadway, detention pond and entrance median. All individual lot owners shall maintain all portions of their respective properties. 5. Irrigation Water: The HOA will own water shares from the North Poudre Irrigation Company that will irrigate common space features. An ownership agreement will be submitted prior to final approval. MAJOR COMPONENT FOUR D. SITE DESIGN 1. Unique Features: The Cactus Hill Lateral Irrigation Ditch is centered on the eastern property line of Shepherds Hill Estates. We have contacted the North Poudre Irrigation Company and offered to provide for them a 25' easement and re-recorded centerline of ditch. This ditch can and will irrigate the lots of this subdivision, provided that each individual lot owner wants to share in irrigation water. The ditch provides a buffer between Shepherds Hill Estates and the natural open space to the east. 2. Ch. 22 Consistency: Shepherds Hill Estates and the plans and documents submitted for P.U.D. review are thoroughly consistent with the goals and policies of Chapter 22. 3. & 4. PUD Zone Compatibility: Shepherds Hill Estates is proposed to have Estate Zoning. The property, site location and neighboring properties all clearly confirm that this project is duly compatible with P.U.D. Zoning. The adjacent properties are residential parcels with similar density and agricultural in nature. The subdivision will blend with the existing uses. 5. Hazard Areas: This project does not lie within a Flood Hazard, Geological Hazard or Airport Overlay District. 7 MAJOR COMPONENT FIVE E. COMMON OPEN SPACE USAGE 1. Common Open Space: Due to the location of this P.U.D. and its proximity to another residential subdivision, there will be no common open space provided or required. 2. Home Owners Assn: Membership, rules and responsibilities of the Home Owners Association and its members shall be executed in strict compliance with this code. MAJOR COMPONENT SIX F. SIGNAGE 1. On-Site Signage: Traffic control signs and street information signs will be installed at the intersection of WCR 15 and proposed Shepherds Hill Drive. Subdivision identification signage will also be located in the median of the road. MAJOR COMPONENT SEVEN G. M.U.D. IMPACT 1. M.U.D. Area: This project is not located within an M.U.D. area. MAJOR COMPONENT EIGHT H. INTERGOVERNMENTAL AGREEMENTS IMPACT 1. I.A.I. Impact: This project is not located within an area governed by intergovernmental agreements. 8 OCT-05-2005 WED 03:21 PM FAX NO. P. 02/03 Report Date: 19/05/2005 03:19PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2846904 ASSESSED TO: DYECREST DAIRY LLC 1137 NORTH COUNTY LINE RD FORT COLLINS, CO 80524 LEGAL DESCRIPTION: PT 5-7-67 LOT B REC EXEMPT RE-3685 (.390) PARCEL: 070505300018 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 592.08 0.00 0.00 592.08 0.00 TOTAL TAXES _ 0.00 GRAND TOTAL DUE GOOD THROUGH 10/0512005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2411 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 126.94 AGRICULTUR 21,940 6,360 SCHOOL DIST RE4 52,964 336.84 ------_.._.---_- ---_-_-----_ NCW WATER 1.000 6.36 TOTAL 21,940 6,360 NWC WATER 0.000 0.00 POUDRE VALL FIRE 9.301 59.15 AIMS JUNIOR COL 6.328 40.24 WINDSOR LIBRARY 3.546 22.55 TAXES FOR 2004 93.096 592.08 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO PE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST I, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. ' P.O," Box 458 Greeley, CO 80632 (970)353.3845 ext. 3290 11/23/2005 16:13 FAX 970 491 9984 JR ENGINEERING la 001 FAX TRANSMITTAL IR ENGINEERING A Wartrian Company Date: //— 23 — 5 '_/� Company: �4.4p �V Nti ._.._✓p t-A"r/ r t"4.i Fax#: 7,D • 3 ail . Cy 1E? Attention: Si-k, i_' From: '77th f'Y�7'A...c f'cl r:t Comments: An-^-1 t C - S-rf-p&4 1 j S.M.irk)..._.. i .c.Zaa._...cAS .GtO.._._. } . 5 cr'f--t S CI..C....tsarrC±l:l...._..:.1? fi—ecel.C 1?el-s vN S4,AC (- 12.1..P G E 6,.5 Pt-f w ..,k.._(a7-..W...t k "-,its Da -' t ,pp) Svc hh c 4 C. .) Itinte-Aq1O......At.5 %.dx earSE1t t zY Icy'-' ° Cl_C/1, S7 L wL.. 1_.C_L._ Sc O 7'e S't E' "1 - 47?* le P4- T..1.../QA tic.&. Tl-l�rvl�-S �/rJ The number of transmitted pages, including this cover page is -7 . If all pages are not received,please call. / Hard copy mailed 0 Yes C�No The information contained in this facsimile is confidential and intended only for the use of the individual or entity to whom this cover sheet is addressed. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that use, dissemination, distributions or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify the transmitter by telephone. Job Number: 39 V3b-01 Job Descriptor: S'n tf_L <<L /Z t a [;.,c This facsimile has been sent from: 6020 Gtmtuood Pla�Boulevard 2620 East Prospect Road,Suite 190 4310 ArtotxsWeat Drive 12301 N.Grant Street,Suite 110 Omaiwocd Village,CO 80111 Fat Collins,OO80525 Colorado Springs,OO80907 Thonton,OO80241 303-740-9393•Fax:303-721-9019 970-491-9888•Fax:970.491-9984 719-593-2593•Fax:719-528-6613 720-872-9850•Fax:720-872-9853 11/23/2005 16:13 FAX 970 491 9984 JR ENGINEERING WI002 "'°0ct. 1. 20054 8:05AM7° 4NOR POUDRE IRRIGATION COMPANY No. 2584 P. 1/3°1 AX TRANSMITTAL J-R ENGINEERING A Waabian Company Date: '° t• LQ ,......._..... ._ _....._ .... __........._,..._.._......_.......__... ..._..__ _....._....__,.._.— .. ... ... ........ _... Company:P Y: .._!Nor.Iey,,_ o..-dr5...__�.o�..i�..f�:a�S?�.�.%ta.Y.1. �Q,`"�...�c�...�`�......,..,......_ .....__..._ Fax#: S7D " Z 2 l . 4(o. 9.w..._.. Attention: ...JTCP.hc,r]_.� SS1 .._...... .,,._\..,....._._....W'�._.. .ti,....._. _..... , . ...................__....._.......,......,.. From: �__a'' ..5. � �alo�„.� _ ....._..._....._..._...._..,_.,..,. ..... ......._......_.,.,..._._ Comments: a...._ ........ ..,..,.'t,.a�.......Yak... . .L��f...'.ti..s..pia._._.ItaQ.�£....... C, uetx3s.. cssv. .s'�l>�es,.. �aucs.ag...SlSa:aa .�aA3ata._m�ts�. ^sx�d,T ._.sl.�tt4Mtc*�..s!�QhGS R. ilk.. Ski s, . a4lwh �......a��.►4-�......s:n...wyar�2.•....4a:>G. ,td...,ta...!„�:�ut��.._I,el:Eu- €'{malIvy kita $taW.1,,;sl,.kat. kaki, Xpyerks.. ;Veld 4444 '4 .us:ll -MA '10 ded:aa4l•a 4 3S' en.+...nl on St.tev.er&s L t7 r bib 44••••• 0.1145 .,,.J. '1/4C• b• ejra-.-a.ed a.. Qcaa)ls. £r ate 'fie +os. tAt appre0«d.a ypv..r eJ a..Anom km &4..-.b C The number of transmitted pages, including this cover page is 3 . It ce.c ;n%a-?a I deAl - If all pages are not received,please call. C�` p""S e$ 1�" FM'1C aj c tC.. Hard copy mailed Cl Yes ,III No The information contained in this facsimile is confidential and intended only for the use of the individual or entity to whom this cover sheet is addressed. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient,you are hereby notified that use, dissemination, distributions or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify the transmitter by telephone. Job Number: 3 9sICo of Job Descriptor: Sb.ee4.e4-4s r N;k'\ Gs eS • This facsimile has been sent&om: © ❑ 6020Cam.woodplaaa S94mard 2620 East Raxpa*Rao&Suae 190 43104nowIWaCrave 12.101 N.Gam Soo,.Sore 110 Gaawo+d V*p.CO80111 pat Can,0080525 C9101‘4044688.CO80907 Thamcn,0080241 303-740-9393-Fon 303.721-9019 970491-9888.Fic970491-9986 719-593-2593•Etc 7194286613 720.6729850•Pax:720472-9853 11/23/2005 16:14 FAX 970 491 9984 JR ENGINEERING Ij003 1°Oct. 7. 2005' 8:06AM7° 4'NORPOUDRE IRRIGATION COMPANY No. 2584 P. 2/3)2 Oct. 6. 2005 9: 00AM NORTH POUDRE IRRIGATION COMPANY No, 2576 P. 1 . .. . P.O.038100 • 3729 Cleveland Avenue WeQaehon.0080949 North Poudre Irrigation Company (em)s9$•aO1z (970)2214GS9 Fax Memo To: Jason Claeys Prat Stephen it Smith cp [Click here and type name] Data October 6.2006 nee iistrizerneiato. So.‘et t Skin V an,4 ns( LLG^ 51Aepke4,4s k.1:11 Es 4.3.44 Per your phone cat on i01812005, I would Ike to indicate our interest in the same type of ditch easement resolution that was implemented on the This would be the dedication and recording of a 35 foot easement on each side dike Cathie H81 Ditch oted by this MD. asha. R;dae. etire•.ea If you should have any questions concerning this matter please gdve me a call. Steve • Errol. Copy of letter to Tim • • • • 11/23/2005 16:14 FAX 970 491 9984 JR ENGINEERING al 004 1COct. 7. 20054 8: 06AM70 4'NORPOUDRE IRRIGATION COMPANY No. 2584 P. 3/3°3 Oct. 6. 2005 9: 00AM NORTH POUDRE IRRIGATION COMPANY No. 2516 P. 2 3729 Olevelecd Avenue P.O.Bac 100 wettng"Dell:wee 80549 Telaphong (97O)568.3612 PA= (tsfo)221.4860 .r.r, , , i !. ii r .1:; 3.•` �',,i"II' ri', I:r,..•.: 1 'x: G4.'J':; .n ' �i 7 i 'I 'J f , 1 I CI 111 , • -., , • i.:,: �... i October 6,2005 • Mr.Timothy J.HalopogJR P.E 26X01 astPros Prong,spect Cl Q 2620 Fast prospect Road,Suite 190 Part COMM.CO 80525 e Dear Mr.tialopoiZ yb c•+'n * Conceruingthe proposed Terra Firma Ventures dtevelopraenOlocate um WCR15&WCR 86,the following comments are offered for your consideration: 1. On the question of the rocordetioa era corrected centerline for the location of the Cactus 1101 Ditch,NPXC would have no meantime ea,this request. • •' : : :i•2...'; a grooteg of a 2S'easement on the road side efts Cactus FX11 Ditch in riot acceptable. I • •• I. NPXC currently has a'prescriptive'easameat that hatt been granted by state statutes . • '4f;dlttFleieat width to reasonably operate and maintain the ditch. This easement Is access to -- ideaofdtcditchan4Xslotreefriotedtoaepecifiedwidth We would be willing to ,'' atoned easement that adequately protects our existing nights. This would most ' 6a /, ! (acsale .vv ns. s'-Craw. -44.44.-44.44. e..41 .ray 1 tl t'r•p./'4. v ,µ. (pc ...ca+•.e '' .:. d4 4.4-4.4.4-4. 1 gi e.4X'ae4 r+,. to air\ ,d t eer.4leril, e..9.4 dZ uses t. r`]t'-4pM.•tts . *Sam Should have any questions concerning the above please contract me. I4 1l Qs.r'.h.s 9l'aµ • ' 6I04RrCZy, be retatatis;ore. i o atea:eiaa es" IL 444.4.4 Tor dw Weaka•lm aS; Stephen R.Smith Manager • ::t''r:C�i.,'''';i@i�'S'�''•+IN'I!i=' alai;t�:aJ'IE 1pt1reir�3fl* .L aril'•' 1 t" IIA5" P.P.!:frlil Il , ..1: 11/23/2005 16:14 FAX 970 491 9984 JR ENGINEERING 0005 LEGAL DESCRIPTION DITCH EASEMENT A PARCEL OF LAND LOCATED IN SECTION 5,TOWNSHIP 7 NORTH,RANGE 67 WEST OF THE 6TH PM,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTH LINE OF LOT B,RECORDED EXEMPTION NO. 0705-05-3 RE-3685, RECORDED AT RECEPTION NO. 3154846 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE,AS BEARING N89°44'07"W. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B; THENCE N88°44'07"W, ON THE SOUTHERLY LINE OF SAID LOT B,A DISTANCE OF 40.21 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 01°08'39",A RADIUS OF 1430.00 FEET AND A LENGTH OF 28.55 FEET,THE CHORD OF SAID CURVE BEARING N04°55'04"W,A DISTANCE OF 28.55 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 10°56'58", A RADIUS OF 610.00 FEET AND A LENGTH OF 116.57 FEET,THE CHORD OF SAID CURVE BEARING N09°49'15"W,A DISTANCE OF 116.40 FEET,TO A POINT OF NON-TANGENCY; THENCE NI5°1744"W,A DISTANCE OF 133.10 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 21°38'10",A RADIUS OF 170.00 FEET AND A LENGTH OF 64.20 FEET,THE CHORD OF SAID CURVE BEARING N26°06'45"W,A DISTANCE OF 63.81 FEET,TO A POINT OF NON- TANGENCY; THENCE N36°55'50"W,A DISTANCE OF 382.13 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 08°04'06",A RADIUS OF 970.00 FEET AND A LENGTH OF 136.60 FEET, THE CHORD OF SAID CURVE BEARING N18°36'34"W, A DISTANCE OF 136.48 FEET,TO A POINT ON THE NORTHERLY LINE OF SAID LOT B; THENCE S89°44'27"E,ON SAID NORTHERLY LINE,A DISTANCE OF 72.61 FEET,TO THE NORTHEASTERLY CORNER OF SAID LOT B, AND A POINT OF CURVATURE; THENCE ON THE EASTERLY LINE OF SAID LOT B THE FOLLOWING SIX (6)COURSES; 1) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 21°10'15",A RADIUS OF 900.00 FEET AND A LENGTH OF 332.55 FEET,THE CHORD OF SAID CURVE BEARING S26°20'39"E,A DISTANCE OF 330.66 FEET, TO A POINT OF NON-TANGENCY; 2) THENCE S36°55'50"E,A DISTANCE OF 142.77 FEET,TO A POINT OF CURVATURE; 3) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 21°38'10", A RADIUS OF 210.00 FEET AND A LENGTH OF 79.30 FEET,THE CHORD OF SAID CURVE BEARING S26°06'45"E,A DISTANCE OF 78.83 FEET, TO A POINT OF NON-TANGENCY; 4) THENCE S15°17'44"E,17'44"E,A DISTANCE OF 133.10 FEET,TO A POINT OF CURVATURE; 5) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 10°56'58",A RADIUS OF 650.00 FEET AND A LENGTH OF 124.22 FEET,THE CHORD OF SAID CURVE BEARING S09°49'15"E,A DISTANCE OF 124.03 FEET,TO A POINT OF CURVATURE; X:\3940000.a11\394500 I\Word\L°gals\3945001 LXLdoc PAGE 1 OF I 11/23/2005 16:15 FAX 970 491 9984 JR ENGINEERING a 006 6) THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 1°18'37",A RADIUS OF 1390.00 FEET AND A LENGTH OF 31.79 FEET,THE CHORD OF SAID CURVE BEARING S05°00'03"E,A DISTANCE OF 31.78 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 40,011 SQUARE FEET. I, CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. ,,, ;0 763 tr te NAL LANOSJQ` CHAD R.WASHBURN,PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT 01? VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:\3940000.a11\3945001\Word\Icgals\3945001 LX 1.doc PAGE 2 OF 1 589'44'27"E 72.61' 100 50 0 100 SCALE: 1" = 100' A=8'04'O6" R=970.00'�\L=136.80' &2110'15"&2110'15"\ R=900.00' CH=136.48' L=332.55' N18'36'34"W \ / CH=330.66' \.. ! 526'20'39"E DITCH EASEMENT 40,011 SQ. FT. \\\�, LOT B ?<\& RECORDED EXEMPTION NO. 1. 21•38110" A21.38'10" 0705-05-3 RE-3685 \ .. R=210.00' RECEPTION Na 3154846 \ /L=79.30' ' 526'06'45"E A=21'38'10" \ R=170.00' L=64.20' CH=63.81' � N N26'O6'45"W �, A�10'56'58" OS'rn R=610.00' \ X10'56'58" L=116.57' R=650.00' CH=116.40'\ L=124.22' N09'49'15"W V CH=124.03' \ f 509'49'15"E A=1'08'39" �.. R=1430.00' L=26.55'\ A=1'18'37" CH=28.55' \L. . R=1390.00' N04'55'04"W - \ L=31.79' N89'44'07"W 3087.08' CH=31.78' / SOUTH LINE OF LOT B N69.4 40 21,/ SOS'00 03"E BASIS OF BEARING POINT OF BEGINNING SOUTHEAST CORNER OF LOT B DITCH EASEMENT SORREL RIDGE JOB NO. 39450.01 p.. NOVEMBER 4, 2005 SHEET 1 OF 1 • NOTE: • THIS DRAWING DOES NOT REPRESENT A J•R ENGINEERING g MONUMENTED SURVEY AND IS ONLY • INTENDED TO DEPICT THE ATTACHED "w""Yn°""°"" • LEGAL DESCRIPTION. 2620 Eat gapai Pm{9le BD•Fal Cats,CO BC625 x 9Ni91- .Fix 61W9FB7A, 190d. 7. 20054 8: 06AM7° 4NOR.:L POUDRE IRRIGATION COMPANY -- No. 2584 P. 2/3)2 Oct. 6. 2005 9: 00AM Nt,..,d POUDRE IRRIGATION COMPANY No, 2576 P. 1 P.O.Box 100 .. 3729 Cleveland Avenue WelBnglon.0080549 North Poudre Irrigation Company (970)58&3Blz (970)221-4659 Fax Memo To: Jason Claeys Front Stephen R. Smith Cm [Click here and type name] Data October6,2005 Y� Res diEraFfIrmezfataSo .rs,n9 Sit cs \Jts4“.res /LC^ SYnepke6a 14:11. Es{a{cs Per your phone cell on 10/6/2005, I would like fa indicate our Interest in the same type of ditch easement resolution that was Implemented on the STappenikhlitizatia This would be the dedication and recalling of a 35 foot easement on each side of the Cactus ROI DItcimppaected by this PUD. East R.;,,,t3 Es*-Aec gki If you should have any questions containing this matter please give me a can. Steve End. Copy of letter to Tim • 10Oct. 7. 20054 8: 06AM70 4NOR POUDRE IRRIGATION COMPANY No. 2584 P. 3/303 Oct. 6. 2005 9: 00AM Nlrn(H POUDRE IRRIGATION COMPANY No. 2576 P. 2 3729 Cleveland'Venue P.O.Buc 100 Wellington,Cobrado 80549 Telephoner (970)568.3612 Fatc (070)2214069 • • Orr P©uc • ® rripa y October 6,2005 Mr.Timothy J.Halopot'c P.E. JR Engineering,LLC 2620 East Prospect Road,Suite 190 /n J/� Port Collins,CO 80525 Cifri 4 C Dear Mr. 1-Ialopoft So c:^7 Concerning the proposed Terns Firma Ventures dcvelopmenelocatte on WCR15&WCR 86,the following comments are offered for your consideration: 1. on the question of the recordation of a corrected centerline for the location of the Cactus ' • Hill Ditch,NPIC would have no raserv.ditaa on,this request, : : ;12. :Ilia granting of a 25' easement on the road side oftbe Cactus Sill Ditch in not acceptable. I believe NP1C currently has a'prescriptive'easement that lux been granted by staze statutes . . :'.`'of nil cieat width to reasonably operate and maintain the,ditch. This easement is access to both sides of the ditch and ie not restricted to a specified width. We would be willing to /p accept a formal easement that adequately protects our existing rights. This would most G/Av/7 likely be lees • ( Sr Prow. J.va <...t wr^t pro#.t4<..+ -f�•.s 04 e.FCa44 rn Vt.ewe d t r<e4tons, a as•4 $ west 5baeMw&s J£you should have any questions concerning the above please contract me. la.'il ace_Ae, s1.4-"U SMnetrzly, be t.sic .$.bt4. i e de :r�{a s.«. easew Qt. SA,,c!:;:Let Stephen R.Smith Manager r' ;,.,: •:.r:•: ��; ;� Ij::iiij.!2) ' q.u:r '! t ' i' II 'I _ Ju1. 27. 2005 9:43AM N0 ' POUDRE IRRIGATION COMPANY No. 2145 P. 2 3729 Cleveland Avenue P.O.Box 100 Wellington Colorado 80549 "" Tolephone: (970)568.3612 Fax (970)221-4659 No Poudre hYigat on Company July 27,2005 Mr.Timothy 1. Halopoff,P.E. JR Engineering.1.1..C 2620 East Prospect Road, Suite 190 Fort Collins,CO 80525 Dear Mr.Halopoff, Concerning the proposed Eagle Ridge Estates and Shepherd Hill Estates developments,the following comments are offered for your consideration: 1. Impediments to NPIC's access to the easements on both sides of the Cactus Hill ditch are prohibited. This would include but is not inclusive of fences,gates,trees,crossings,riding horses,bicycling,jogging,walking,ATV's,gardening,seeding,and restrictions to the cleaning,burning,chemical application for weed control,operation of construction equipment,trucks etc. 2. The current easement held by NPIC is a`prescriptive' easement granted by state statutes. This easement should not be reduced or infringed upon by this development. It is our position that a suitable width to this easement would be the width of the ditch from bank to bank plus 35 feet on both sides of the ditch running from top of bank outward_ This represents the minimum required for NPIC's purposes. 3. Several cautions are offered for your information;the installation of vinyl fencing is at the owners risk as burning can cause damage to this product that is quite expensive. NPIC will consider crossings over the Cactus Hill ditch under the following conditions;the location and design of the crossing has to meet with NPIC's approval. The owner will apply for the crossing by filing out a permit application to approval by the Board of Director's. Along with the permit application a prescribed fee will need to be paid to NPIC. Our consideration will include location,potential restriction to the flow of water in the ditch,and impediments to the use of NPIC's easement. If you should have any questions concerning the above please contract me. Sincerely, ..........,..ea ',4 Stephen R. Smith Manager . 4 11/23/2005 09:24 FAX 970 491 9984 JR ENGINEERING a001 FAX TRANSMITTAL IR ENGINEERING AWestrian Company Date: /1— 2 3 - Company: Wet.D Cn,,..ccr3 Fax#: ..... o - 3 06-( • 6,1991 Attention: S S ; Lo From: 17-r't b&s,.gz .&C Comments: is'©/11--c .12.[..£ ..fa.S._..A--w? e:.:ti AG .rte- �wrs Ser,c �.\ S�%ts rrnt� S'1r1 ked..PAA-e- s:..) ti The number of transmitted pages,including this cover page is 21 , If all pages are not received,please call. Hard copy mailed ❑Yes O No The information contained in this facsimile is confidential and intended only for the use of the individual or entity to whom this cover sheet is addressed. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that use, dissemination, distributions or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify the transmitter by telephone. Job Number: 3,vto. O/ Job Descriptor: Soft 4(.5C Rr 0 G(s This facsimile has been sent from: 6020 Greenwood Plaza Boulevard 2620 Eat Aaspectrl— Road,Suite 190 4310 AnAntO eat Drive 12301 N.Grant Street,Suite 110 Greenwood Village,CO 80111 Rat Coffins,CO 80525 Colorado Springs,CO 80907 Thornton,0080241 303-740-9393•Fax:303-721-9019 970-491-9888•Frac 970-491-9984 719-593-2593•Fax:719-528-6613 720-872-9850•Fax:720-872-9853 11/23/2005 09:24 FAX 970 491 9984 JR ENGINEERING U002 Draft#1—Dated November 16,2005 AGREEMENT CONCERNING CERTAIN MINERAL RIGHTS THIS AGREEMENT is effective this_day of , 2005,by and between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of Post Office Box 1330, Houston, Texas 77251-1330 and SOARING SKIES VENTURES, LLC ("Surface Owner") with an address of , Colorado 80 A. Surface Owner owns the surface estate for property located in Weld County, Colorado, described as a 55 acre parcel in the SW/4 of Section 5, Township 7 North, Range 67 West, which Surface Owner proposes to develop as a residential subdivision and which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property." B. Anadarko Land owns all of the minerals exclusive of oil,gas and associated liquid hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and associated liquid hydrocarbons in the Property. C. The mineral resources exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property are hereinafter referred to as the"Minerals." D. This Agreement provides for the relinquishment by Anadarko Land to Surface Owner of surface rights for the Minerals; it does not in any respect apply to the oil, gas and associated liquid hydrocarbons for the Property that are owned by Anadarko Land and Anadarko E&P Company LP, an affiliate of Anadarko Land, which are the subject of a surface use agreement among the Anadarko entities and Surface Owner. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals,the parties agree as follows: 1. Relinquishment and Ouitclaim Document. a. Anadarko Land agrees to provide Surface Owner with a relinquishment document in which Anadarko Land relinquishes to Surface Owner the surface rights for the Minerals, generally in the form attached to this Agreement as Exhibit 2. b. Surface Owner shall pay Anadarko Land the amount of Five Thousand Dollars ($5,000.00)for the relinquishment document. c. Surface Owner shall make the payment to Anadarko Land, and Anadarko Land shall provide the relinquishment document to Surface Owner, within thirty (30) days from the date that a local jurisdiction approves a final plat for all or any portion of the Property. 11/23/2005 09:25 FAX 970 491 9984 JR ENGINEERING Ij003 2. Default on Payment when Due. If Surface Owner fails or refuses to make the payment described in section 1.b. within the time provided in section 1.c., the amount due shall bear interest from the date of default at the lesser rate of either twelve percent (12%) per annum or the maximum amount of non-usurious interest. Anadarko Land shall be entitled to collect all reasonable costs and expenses of collection and/or suit, including but not limited to, court costs and reasonable attorneys fees. 3. Recording of Memorandum of Agreement. A memorandum of this Agreement shall be recorded with the Clerk and Recorder of Weld County in the form attached to this Agreement as Exhibit 3. 4. Adjustment to Purchase Price. The amount of the purchase price for the relinquishment document provided for in section 1.b. shall increase each year from the date of this Agreement in accordance with the Consumer Price Index so that the amount of the purchase price due after one year from the date of this Agreement shall be the amount of the purchase price plus an amount of money which reflects the sum of the percentage of increase in the Consumer Price Index to the date that Surface Owner makes the payment. 5. Application and Term of Agreement. This Agreement and the terms included in this Agreement are conditioned upon final plat approval being given by a local jurisdiction for all or portions of the Property within three (3) years from the date of this Agreement; provided, however, this Agreement and its terms shall automatically apply to all of the Property when any portion of the Property is given final plat approval. 6. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the personal representatives, heirs, successors and assigns of the parties, and the benefits of this Agreement shall inure to their personal representatives, heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land. 7. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 2 11/23/2005 09:25 FAX 970 491 9984 JR ENGINEERING Qt004 8. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of the Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 9. Notices. Surface Owner shall provide thirty (30) days advance written notice of all hearings in local jurisdictions on applications for development as defined in C.R.S. §24-65.5-101 et. seq. and also written notice of the approval of a final plat for all or any portion of the Property. Notices or communications required or permitted by this Agreement shall be given in writing either by; i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: To Anadarko Land: Anadarko Land Corp. c/o Anadarko Petroleum Corporation Attn: Don Ballard Post Office Box 1330 Houston,Texas 77251-1330 To Surface Owner: Soaring Skies Ventures, LLC , Colorado Notices shall be effective upon receipt and any party may change an address by notice to the other parties. 10. Incorporation of Exhibits. Exhibits 1,2 and 3 are incorporated into this Agreement by this reference. 11. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed as original. 3 11/23/2005 09:25 FAX 970 491 9984 JR ENGINEERING 2h005 12. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supercedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgements, to be effective on the date first above written. SOARING SKIES VENTURES, LLC ANADARKO LAND CORP. By: By: Name: Name: Its: Its: 4 11/23/2005 09:26 FAX 970 491 9984 JR ENGINEERING IZ006 ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of , 2005,by , as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005,by , as for SOARING SKIES VENTURES, LLC. Witness my hand and official seal. My Commission expires: Notary Public 5 11/23/2005 09:26 FAX 970 491 9984 JR ENGINEERING 1007 Exhibit 1 to Agreement Concerning Certain Mineral Rights effective ,2005 between Anadarko Land Corp. and Soaring Skies Ventures, LLC Lent Description Township 7 North,Ranee 67 West Section 5: SW/4* Weld County,Colorado *Specific legal description to be provided by Soaring Skies Ventures,LLC 6 11/23/2005 09:26 FAX 970 491 9984 JR ENGINEERING gioos Exhibit 2 to Agreement Concerning Certain Mineral Rights dated ,2005 between Anadarko Land Corp. and Soaring Skies Ventures, LLC RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM, effective this day of 2005, by and between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation, with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter "Anadarko Land") and SOARING SKIES VENTURES, LLC with an address of , Colorado 80 (hereinafter"GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated October 25, 1906 recorded on November 3, 1906 in the Office of the Clerk and Recorder of Weld County in Book 233, Page 58, Union Pacific Railroad Company conveyed to Burton D. Sanborn certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, "(a)11 coal and other minerals within or underlying said lands." 3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644, Reception Number 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry only for the minerals excusive of oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the Subject Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as the"Minerals." 11/23/2005 09:27 FAX 970 491 9984 JR ENGINEERING al009 RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, Anadarko Land, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that Anadarko Land's tide to the Minerals shall be in no way affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated October 25, 1906 referenced in Recital 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date first written above. ANADARKO LAND CORP. By: Name: Its: 2 11/23/2005 09:27 FAX 970 491 9984 JR ENGINEERING [�j 010 � r STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2005,by , as for ANADARKO LAND CORP. My Commission expires: Witness my hand and official seal. Notary Public 3 11/23/2005 09:27 FAX 970 491 9984 JR ENGINEERING Z011 Exhibit A to Relinquishment and Quitclaim dated ,2005 between Anadarko Land Corp. and Soaring Skies Ventures,LLC Legal Description Township 7 North,Range 67 West Section 5: SW/4 * Weld County, Colorado *Specific legal description to be provided by Soaring Skies Ventures, LLC 4 11/23/2005 09:27 FAX 970 491 9984 JR ENGINEERING A012 r Exhibit 3 to Agreement Concerning Certain Mineral Rights dated , 2005 between Anadarko Land Corp. and Soaring Skies Ventures,LLC MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is effective this _ day of , 2005, by and between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of Post Office Box 1330, Houston, Texas 77251-1330 and SOARING SKIES VENTURES, LLC ("Surface Owner") with an address of , , Colorado 80 A. Surface Owner owns the surface estate for property located in Weld County, Colorado, described as a 55 acre parcel in the SW/4 of Section 5, Township 7 North, Range 67 West, which Surface Owner proposes to develop as a residential subdivision and which is more specifically described in the attached Exhibit A and referred to hereinafter as the"Property." B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and associated liquid hydrocarbons for the Property. C. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as the"Minerals." D. Anadarko Land and Surface Owner have entered into an agreement that provides for the sale by Anadarko Land to Surface Owner of certain surface rights associated with the Minerals that is entitled "Agreement Concerning Certain Mineral Rights" ("Agreement"). E. The oil, gas and associated liquid hydrocarbons that underlie the Property are not the subject of the Agreement; however, they are the subject of a surface use agreement among Anadarko Land, Anadarko E&P Company LP (an affiliate of Anadarko Land) and Surface Owner. F. The parties desire, through the execution and recording of this Memorandum, to reaffirm and give notice of the Agreement and the rights and interests created in the Agreement. NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in the Agreement and this Memorandum of Agreement, including in the recitals, the parties agree as follows: 1. Anadarko Land has granted to Surface Owner the right to purchase a relinquishment document for the surface rights for the Minerals under the terms, provisions and 1 11/23/2005 09:28 FAX 970 491 9984 JR ENGINEERING a 013 conditions set forth in the Agreement. 2. This Memorandum is not a complete summary of the Agreement and shall not be used in interpreting the provisions of the Agreement, nor in any way or manner does it amend, modify or affect the terms, provisions, conditions and exceptions of the Agreement, and the Agreement shall govern and control in all respects, the duties, obligations, covenants, warranties and agreements of the parties. 3. Exhibit A is incorporated into this Memorandum by this reference. 4. This Memorandum shall be recorded in the Office of the Clerk and Recorder of Weld County. 5. This Memorandum may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates set forth in the acknowledgments, to be effective as of the date first above written. SOARING SKIES VENTURES, LLC ANADARKO LAND CORP. By: By: Name: Name: Its: Its: 2 11/23/2005 09:28 FAX 970 491 9984 JR ENGINEERING a014 ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2005 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005 by as for SOARING SKIES VENTURES, LLC. Witness my hand and official seal. My Commission expires: Notary Public 3 11/23/2005 09:28 FAX 970 491 9984 JR ENGINEERING x1015 Exhibit A to Memorandum of Agreement effective , 2005 between Anadarko Land Corp. and Soaring Skies Ventures, LLC Legal Description Township 7 North.Range 67 West Section 5: SW/4* Weld County, Colorado *Specific legal description to be provided by Soaring Skies Ventures,LLC 4 11/23/2005 09:29 FAX 970 491 9984 JR ENGINEERING R016 • Draft#1---dated November 16,2005 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement") is effective this _ day of , 2005, by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251-1330 and SOARING SKIES VENTURES, LLC ("Surface Owner") with an address of Colorado A. Surface Owner owns the surface estate for approximately 55 acres of property located in Weld County, Colorado, in the SW/4 of Section 5, Township 7 North, Range 67 West, which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property." B. The Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, gas and associated liquid hydrocarbons. C. Current Colorado Oil and Gas Conservation Commission rules and regulations allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter section, one in approximately the center of each quarter quarter section and one in the center of the quarter section. D. The parties enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they shall comply with respect to the development of the two estates. E. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the Property which is the subject of a separate agreement between Anadarko Land and Surface Owner. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: 1. Oil and Gas Operations Area. a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas wells only within the location identified on Exhibit 2 and which is hereinafter referred to as 11/23/2005 09:29 FAX 970 491 9984 JR ENGINEERING U017 • the "Oil and Gas Operations Area." Operations and uses within the Oil and Gas Operations Area include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning, and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities. b. The Oil and Gas Operations Area shall include the area which is generally in the shape of a circle with the wellhead or future wellheads in the center and a radius of 250 feet as reflected on Exhibit 2. c. The Anadarko Entities shall continue to have the right to drill more than one well with attendant facilities within the Oil and Gas Operations Area and to deepen, recomplete or twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that produce from and drain the Property or lands other than the Property. d. Surface Owner shall not plat any surface property line within the Oil and Gas Operations Area, and no temporary or permanent building or other structure or improvement shall be located by Surface Owner within the Oil and Gas Operations Area. The Oil and Gas Operations Area shall be for the exclusive use of oil and gas operations and production and for the location of oil and gas wells and associated oil field drilling and production equipment. e. The Anadarko Entities shall also have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and production equipment and facilities within the Oil and Gas Operations Area. 2. Access to Oil and Gas Operations Areas. a. Access to the Oil and Gas Operations Area shall be at the location identified on Exhibit 2. b. Access may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided however, all costs and expenses of such relocations shall be borne by the party which requests them. c. No party shall unreasonably interfere with the use by the other of an access road. d. Surface Owner shall keep the portions of access roads jointly used by both Surface Owner and the Anadarko Entities in good condition and repair until such roads are dedicated to a local jurisdiction; provided, however, if the Anadarko Entities cause damage to a portion of a road that is jointly used by both the Anadarko Entities and Surface Owner and which is constructed to the specifications in section 2.e.(1), the Anadarko Entities agree to promptly repair any damage which they cause which is a direct result of their use of the road. 2 11/23/2005 09:29 FAX 970 491 9984 JR ENGINEERING lib018 e. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Anadarko Entities and Surface Owner shall be thirty (30) feet or more in width, and Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the Anadarko Entities shall be generally thirty (30) feet or more in width, and the Anadarko Entities shall install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. 3. Pipelines, Flowlines and Pipeline Easements. a. Flowlines and pipeline easements shall be at the locations identified on Exhibit 2. b. Locations of pipelines, flowlines and such easements may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided, however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Surface Owner. c. Pipeline easements shall be fifty (50) feet in width during construction activities and thirty (30) feet in width for all operations, maintenance and transportation activities. Flowline easements shall be thirty(30) feet in width for all operations. d. Pipeline and flowline easements shall be for the exclusive use of oil and gas production operations; provided, however, the easements may be shared by the Anadarko Entities and their lessees, assignees of lessees and successors and assigns. e. Surface Owner shall be entitled to reserve the right to cross the pipeline easements at approximately right angles, and Surface Owner shall also have the right to install and maintain easements that are adjacent to, but not within, the easements identified herein, for utility lines, including those for water, gas, sewer, electric, telephone, cable, television, and fiber optic and other pipelines; provided, however; i) any new underground facilities which travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty(20) feet above the ground. 3 11/23/2005 09:30 FAX 970 491 9984 JR ENGINEERING Z019 f. Surface Owner shall grant the pipeline easements (for production from the Property and/or other lands) to the Anadarko Entities at the time the Anadarko Entities request them and at no cost to them. 4. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Area and access route and pipeline easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or permanent building, structure or other improvement related to the surface development shall be located, constructed or installed within the Oil and Gas Operations Area. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Anadarko Entities of the recording. 5. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface damage payments or other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or prior agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Area and for associated oil and gas equipment and facilities, flowlines, access and pipeline easements. The Anadarko Entities or their lessees or their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction,person or entity or court of law as evidence of this waiver. r 6. Waiver of Setback Requirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements in COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Anadarko Entities to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands that the Anadarko Entities may cite the waiver in this section 6 in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. 7. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in any forum to the use by the Anadarko Entities of the surface of the Property consistent with this Agreement and hereby waives any such right to object. Surface Owner further agrees that it waives any rights it has to request an inspection pursuant to COGCC rules and policies for the purpose of attaching conditions to a well permit or permits. Surface Owner agrees, in addition, that it will provide such other written approvals and waivers which are requested by the Anadarko Entities and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any local ordinance and regulations of 4 11/23/2005 09:30 FAX 970 491 9984 JR ENGINEERING 020 the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an exception location. b. Oil Companies Will Not Object. The Anadarko Entities agree that they will not object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or any portion of the Property to extent such request is consistent with this Agreement. 8. Notices of Hearings. Surface Owner shall provide the Anadarko Entities with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held before a local jurisdiction and also with ten (10) days written notice from the date it obtains approval from Weld County or other local jurisdiction of approval for final application for development that applies to all or any portion of the Property. 9. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and developers which purchase all or any portion of the Property and each person or entity who proposes to enter into a contract to purchase a lot which is adjacent to, or any part of which is within, 350 feet from the Oil and Gas Operations Area or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Area and the flowlines and pipeline easements. In addition, Surface Owner shall provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Area, pipelines and flowline easements and access routes; iii. there are likely to be wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Area and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Anadarko Entities from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and v. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement within the Oil and Gas Operations Area; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; c) waiving surface damage r 5 11/23/2005 09:31 FAX 970 491 9984 JR ENGINEERING g)021 payments; and d)waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction. 10. Notice of Oil and Gas Operations. The Anadarko Entities shall provide Surface Owner with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. 11. Impact Mitigation. Surface Owner shall bear all costs to install such noise and visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil and Gas Operations Area which are in excess of or in addition to those measures which are required by COGCC regulations for areas which are not high density; provided, however, the operator of the well within the Oil and Gas Operations Area shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 12. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any oil company against any other oil company or to enlarge or diminish any right or interest created by any agreement or lease or assignment of lease between or among the oil companies. Nothing in this Agreement creates any leasehold rights or gives any mineral rights to an oil company where none exists. The liability of the oil companies to perform any obligation hereunder or to comply with any agreement included herein or with any state or local rule or regulation is individual and several and not joint or collective. This Agreement does not create a joint venture or partnership between or among the oil companies. The Anadarko entities shall in no event be liable for the acts or omissions of their lessees or farmoutees or the assignees or contractors and subcontractors of any of them. 13. Authority to Execute Agreement. Each party represents that he/she/it has the full right and authority to enter into this Agreement with respect to the surface rights, oil and gas interests,or oil and gas leasehold interests he/she/it owns in the Property, as applicable. 14. No Waiver of Rights. The Anadarko Entities do not waive the rights they have pursuant to each of their respective oil and gas interests to explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Area, except as specifically provided in this Agreement. 15. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the subsequent lessees and assignees of lessees and also the personal representatives, heirs, successors and assigns of all of the parties, and the benefits of this Agreement shall inure to all of them. This Agreement and all of the covenants in it shall be covenants running with the land. 16. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Anadarko Entities of the recording. 6 11/23/2005 09:31 FAX 970 491 9984 JR ENGINEERING IJ022 r-- 17. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 19. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by; i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv) prepaid telecopy or fax,the receipt of which shall be acknowledged, addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: c/o Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston,Texas 77380-9149 Surface Owner: Soaring Skies Ventures, LLC ,Colorado 80 Any party may,by written notice as provided in this section, change the address of the individual to which delivery of notices shall be made thereafter. 20. Incorporation by Reference. Exhibits 1, 2 and 3 are incorporated into this Agreement by this reference. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 22. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. 7 11/23/2005 09:32 FAX 970 491 9984 JR ENGINEERING L 023 IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgements, to be effective on the date first above written. ANADARKO LAND CORP. ANADARKO E&P COMPANY LP CORPORATION By: By: Name: Name: Its: Its: SOARING SKIES VENTURES, LLC By: Name: Its: 8 11/23/2005 09:32 FAX 970 491 9984 JR ENGINEERING a024 ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2005 by ,as for ANADARKO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2005 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public 9 11/23/2005 09:32 FAX 970 491 9984 JR ENGINEERING UO25 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005 by , as for SOARING SKIES VENTURES, LLC. Witness my hand and official seal. My Commission expires: Notary Public 10 11/23/2005 09:33 FAX 970 491 9984 JR ENGINEERING al026 Exhibit 1 to Surface Use Agreement effective ,2005 between and among Anadarko E&P Company LP,Anadarko Land Corp. and Soaring Skies Ventures,LLC Legal Description Township 7 North.Range 67 West Section 5: SW/4 * Weld County,Colorado * Specific legal description to be provided by Soaring Skies Ventures,LLC 11 11/23/2005 09:33 FAX 970 491 9984 JR ENGINEERING f�J027 r Exhibit 2 to Surface Use Agreement effective ,2005 between and among Anadarko E&P Company LP,Anadarko Land Corp. and Soaring Skies Ventures,LLC Oil and Gas Operations Area 12 WOODROW & SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street, Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Molly Sommerville,Esq Facsimile,�t03-296-1924 msommerville@woodrow-sobel.com E-mail: law(ci„ row-sobel.com ta01\1116. November 16, 20051OV. �G�E�� rt- Via Telefax and Federal Express iittC Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 918 10th Street 918 10th Street Greeley, Colorado 80631 Greeley, Colorado 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P COMPANY LP AND OBJECTION Re: Soaring Skies Ventures, LLC Case Number PZ-1099 Township 7 North, Range 67 West Section 5: SW/4 (portion) Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and also Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the application that has been filed with Weld County ("County") by Soaring Skies Ventures LLC ("Applicant") for the approval of a rezoning request for property that includes approximately 55 acres in the SW/4 of Section 5, Township 7 North, Range 67 West in Weld County ("Property") and also for subsequent applications for development that include the Property. Anadarko Land and Anadarko E&P together own all of the minerals that underlie the Property. The Anadarko entities wish to give notice to the County of the mineral interests they own under the Property and make the County aware that the approval of a final plat for the Property will significantly impact the prospective development of the oil and gas that underlies the Property. The Anadarko entities object to the approval of a final plat Members of the Board of County Commissioners and Members of the Planning Commission for Weld County November 16, 2005 Page 2 for all or any portion of the Property unless and until agreements on surface use for the oil and gas interests are reached between the Anadarko entities and the Applicant. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Resources Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the Property. Anadarko E&P or a predecessor company has entered into an agreement with United States Exploration, Inc. ("UXP") pursuant to which UXP has the right to drill an oil and gas well on the Property and earn an oil and gas lease. Current regulations of the Colorado Oil and Gas Conservation Commission provide for the location of five oil and gas wellsite locations in each quarter section in the area where the Property is located, one in the center of each quarter quarter section and one in the center of the quarter section. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." Further, C.R.S. § 24-65.5-101 et. seq. requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions on applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. r Members of the Board of County Commissioners and Members of the Planning Commission for Weld County November 16, 2005 Page 3 3. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development Mav Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. Union Pacific Railroad Company gave a deed to Burton D. Sanborn dated October 25, 1906 and recorded in the Weld County Clerk and Recorder's Office on November 3, 1906 in Book 233, Page 58, in which it reserved all of the minerals for the Property. Union Pacific Railroad Company granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded on April 14, 1971 in Book 644, Reception Number 1565712. Applicant had record notice at the time it acquired its interest in the Property that the minerals were severed from the surface estate and that it received less than the entire interest in the Property. 5. An Action by the County to Approve the Application May Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions for which the County Could Be Required to Pay the Anadarko Entities Fair Compensation. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property.2 The United States Claims Court and the Federal Circuit Courts have awarded compensation or affirmed decisions to award compensation to energy and mining companies based upon claims by the companies that their mineral properties had been 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also,Gerrity Oil&Gas Corporation v. Magness,946 P.2d 913 (Colo. 1977),which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. 2See,for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct.2886, 120 L.Ed.2d 798 (1992). Members of the Board of County Commissioners and Members of the Planning Commission for Weld County November 16, 2005 Page 4 taken by the government without just compensation because of government regulations which disallowed the development by the companies of their mineral rights.3 6. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities wish to work with the Applicant in the same manner that they have worked with other developers. The Anadarko entities have initiated discussions with the Applicant to work out surface use conflicts between the prospective development of the surface estate and the mineral estate and are hopeful that agreements will be reached; however, no final agreements have been entered into by the parties to date. The Anadarko entities object to the approval by the County of any final land use approvals for the Property in the absence of agreements between the Anadarko entities and the Applicant with respect to the oil and gas interests owned by the Anadarko entities. Very truly yours, WOODROW & SOBEL, P.C. Molly Sommerville MS/sa cc: Marla Jones, Esq. Don Ballard Tom Marranzino Dan Casper Charles Cuypers, Esq., Wolfe Van Ackern & Cuypers LLP, [970-493-8788] 'See for example, Whitney Benefits,Inc. v. United States, 18 CI.Ct. 394(1989),corrected,20 CI.Ct.324(1990),affd., 926 F.2d 1169(Fed.Cir.), cert.denied, 112 S.Ct.406(1991); United Nuclear Corporation v. United States, 17 CI.Ct. 768,affd.,912 F.2d 1432(1990). WOODROW & SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street, Suite 1100 Denver, Colorado 80202 Telephone: 303-296-1400 Molly Facsimile: 303-296-1924 Sommerville,Esq. E-mail: law @woodrow-sobel.com msommerville@woodrow-sobel.com November 16, 2005 ��oV�e��me� t Mtt We\a�o GR�E Via Telefax and Federal Express Nit `O Sheri Lockman C` Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Re: Soaring Skies Ventures, LLC Case Number: PZ-1099 Township 7 North,Range 67 West Section 5: SW/4 (portion) Weld County, Colorado Dear Sheri: I understand that Weld County has received an application from Soaring Skies Ventures, LLC ("Applicant") for the rezoning of property in Weld County that includes portions of the SW/4 of Section 5, Township 7 North, Range 67 West ("Property") and that a hearing is scheduled on the application on December 6. As you may know, this law firm represents Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. ("Anadarko Land") with respect to applications for development that the Applicant files with the County that include the Property. The Anadarko entities together own all of the minerals that underlie the Property. Please find enclosed a letter dated November 16, 2005 entitled "Notice of Oil and Gas Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners for Weld County to be made a part of the record in the proceedings. Sheri Lockman November 16, 2005 Page 2 The Anadarko entities anticipate that they will receive notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402(7) and C.R.S. § 24-65.5-101, et. seq. Please have notices of all land use hearings for the Property sent to Anadarko E&P and Anadarko Land as follows: Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager—Western Region/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, WOODROW & SOBEL, P.C. 72 k Molly Sommerville MS/sa Enclosure cc: Don Ballard Marla Jones, Esq. Tom Marranzino Dan Casper Charles Cuypers, Esq., Wolfe Van Ackern & Cuypers LLP, [970-493-8788] r-. 7Do/e, Van gIckern & Cuypers LET ATTOR .VEYS AT LAW CE.\IRE FOR.-I DL'.INCED TECHNOLOGYKE..\'VETH C. WOLFE /008 CE�bTR£AI'E,\NE CHERYL LEE V.4N.4 CA"ERN FORT COLLINS. COLOR.IDO 80526 CH.IRLES J. CuIPERS August 9, 2005 Molly Sommerville, Esq. Woodrow & Sobel, P.C. 1660 Wynkoop Street, Suite 1100 Denver, Colorado 80202 Reference: Soaring Skies Ventures, LLC, a Colorado limited liability company Request for Proposal to Relinquish Surface Rights Dear Ms. Somemrville: Our firm represents Soaring Skies Ventures, LLC. Soaring Skies Ventures is interested in developing property immediately south of that which is being developed by Terra Firma Ventures LLC. The legal description of the Soaring Skies property is as follows: Lot B of recorded Exemption No. 0705-05-3-RE3685 being a part of the SV of Section 5, Township 7 North, Ranch 67 West of the 6th P.M., County of Weld, State of Colorado As in the case of Terra Firma, Soaring Skies is interested in obtaining a relinquishment of the surface rights for development of oil, gas and minerals from the Anadarko entities. Please request a price from your clients for the relinquishment of these rights. We look forward to your response. Sincerely yours, Z C-re had es J. Cuypers' cc: Soaring Skies Ventures, LLC TELEPHONE 970 493-8787 FLY 970 493-8788 OFFICE@IPVC-LAq'.COS! 9704938788 04 ?^3 p m 09-28-2005 7!4 WOODROW 8c SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street, Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Facsimile: 303-296-1924 E-mail: law@ woodrow-sobel.com Molly Sommerville,Esq. meommerville@woodrow-sobel.co in August 29, 2005 Via Telefax and U.S. Mail Charles Cuypers, Esq. Wolfe, Van Ackem & Cuypers LLP Centre for Advanced Technology 1008 Centre Avenue Fort Collins, Colorado 80526 Re: Soaring Skies Ventures, LLC Township 7 North.Range 67 West Section 5: SW/4 (55 acre parcel) Weld County, Colorado Dear Charlie: This letter is in response to your correspondence concerning property that Soaring Skies Ventures, LLC ("Soaring Skies") proposes to develop that is generally described as 55 acres in the S/2 of Section 5, Township 7 North, Range 67 West in Weld County, Colorado ("Property"). You have described the Property as Lot B of recorded Exemption No. 0705-05-3-RE3685. As you are aware, this law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the proposed development of the Property. The Anadarko entities own all of the minerals that underlie the Property. 70 4938788 ^ 04 ' p in 09-28-7005 3/A Charles Cuypers, Esq. August 29, 2005 Page 2 You asked for a proposal from the Anadarko entities to resolve the potential conflict between the development of the mineral estate and the prospective development of the surface estate. 1• The Oil and Gas Interests Owned by Anadarko E&P. The Anadarko entities own all of the oil and gas that underlies the Property. A predecessor company to Anadarko E&P entered into an agreement with United States Exploration, Inc. ("UXP") pursuant to which UXP has the right to earn oil and gas leasehold interests in the Property. Current Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations would allow oil and gas interest owners to locate five wells in a quarter section where the Property is located, one in the center of the quarter section and one in the center of each quarter quarter section. As you are aware, oil and gas interest owners generally enter into surface use agreements with surface owners in anticipation of surface development where the oil and gas interest owners may agree to restrict their surface use of the property to areas specified in the agreement in exchange for certain agreements from the surface owner. With respect to the oil and gas interests that the Anadarko entities own for the Property, Anadarko representatives are prepared to recommend to their management for approval a proposal for a surface use agreement that identifies and reserves one future wellsite location on the Property to be located generally in the center of either the S/2NW/4SW/4 or the S/2NE/4SW/4. The future wellsite location would include an area that is at least a circle with a radius of 200 feet and would be for the exclusive use of oil and gas exploration and production operations. The parties would also identify locations for an access route and a pipeline easement, and the surface use agreement would include other terms that the Anadarko entities generally include in their agreements, such as waivers for setback requirements and surface damage payments, among other things. 2. The Minerals Other Than Oil and Gas Owned by Anadarko Land. Anadarko Land owns all of the minerals other than the oil, gas and associated liquid hydrocarbons that underlie the Property. 704939788 ^ 04 2�'p m 09-28.2005 4/4 Charles Cuypers, Esq. August 29, 2005 Page 3 Anadarko Land typically enters into arrangements with surface developers for the disposition of the hard rock minerals in cases where such mineral development will be precluded because of surface development. The disposition of the hard rock mineral interests can range from a mineral deed to a long-term non-development lease to a relinquishment of surface rights. A senior geologist at Anadarko Land has reviewed the geology for the Property for coal resource potential and determined that at this time there is probably little potential for the development of the coal that underlies the Property. It has been the experience of Anadarko Land, however, that surface developers in general wish to resolve severed mineral rights issues for marketability and title reasons. If Soaring Skies would like to work out an agreement with Anadarko Land with respect to the hard rock minerals, Anadarko Land would propose to provide Soaring Skies with a relinquishment of surface rights for the hard rock minerals in exchange for a minimum transaction fee of$5,000.00. The form of relinquishment that the Anadarko entities generally provide to developers is enclosed for your review. These proposals are subject to the final management approval of the Anadarko entities. Please call me after you have had an opportunity to review the information in this letter so that we can discuss how to proceed. Very truly yours, WOODROW & SOBEL, LLC Molly Sommerville MS/sa Enclosures cc: Dan Casper Tom Marranzino Don Ballard (-Wolfe Van Wckem & Cuypers EEcP • ATTORNEYS AT LAW CENTRE FOR ADVANCED TECHNOLOGY KENNETH C. WOLFE 1008 CENTRE AVENUE CHERYL LEE VAN ACKERN FORT COLLINS, COLORADO 80526 CHARLES J CUYPERS November 9, 2005 Molly Sommerville, Esq. Woodrow& Sobel, P.C. 1660 Wynkoop Street, Suite 1100 Denver, Colorado 80202 Reference: Soaring Skies Ventures, LLC, a Colorado limited liability company Proposal Related to Mineral Rights Dear Molly: We reviewed your letter of October 18, 2005,regarding the above matter with our clients. Soaring Skies Ventures, LLC is agreeable to the relinquishment fee of$5,000 for surface rights for hard rock minerals and designating one future wellsite on the property. Enclosed please find a map showing the proposed reserved wellsite that will be shown on the final plat. If this is agreeable, we will forward a cashier's check to you in the amount of$5,000, payable to Anadarko Land Corp. Your response will be appreciated. Sincerely yours, • deitaQ Charles J. Cuypers cc: Soaring Skies Ventures, LLC Enclosure TELEPHONE 970 493-8787 FAX 970 493-8788 OFFICE@WVC-LAW.COM r,( --- — 1 r S r F cc-7J- 7 F C7 Sri z w a V,o .. 1 S 10.,-(4 auto a3 is ov-io 00 O W u N //iI LL ,SO'ZOL .� M..s£,s�.00s — — -- -- — — \/ U. 00 w W z � o a ao cow 7Z 171 II ` I I L — ,ti0'ZOL r I • N co 'a T'Q N ul a�t�, 1A c o,N O Qr O, 1 c"2 w 241~0 C.)'' Z IIQ�: Qww w H ,£0 ZDZ. Lts' -- -- - yY,• r r--- — — -.-M..6£51.00S— v- -- -- --- —o Q {fi,: N I \ i / ow \\ `.tali I 1 / ;`.Q :126 o alb / OF N a, / a 0 - 0 / w V 1 ON I i <4N I 3 .2 $ I IC CD i�io N ii PO 1 Z �""M / P'co+O cc 1- 00 W / 'd ti N w < / ) n, ``' / T`j7 `6�S)A\ \ // 7rQ 0� fl � 4..m c 0 \_ // "> tj 4cn 167 i 0 r "` d '#* far^": r . , : � � � x x . 6 1 : a 5 (( a g I t �� N. ; .'' . i & U r4--1W.t 9 r 6: p 4....a-»...,'.....x 41 a ? , �; ,:, t v, u� z 4 .. ... • F . as i 4 `S xci t f a ) ,Ax AftF i . t t , ', h.`r Iftetir )R f,If"k i i MS' OCT-03-2005 MON 10:03 AM WINJISOR SCHOOL DISTRICT FAX NO. 972686 5280 P. 01/01 09/29/2005 15:02 FAX 970 491 09b. JR ENGINEERING 8002 --MEMORANDUM J'R ENGINEERING A W.a`lan Company To: Mr.John Karbula,Superintendent—Weld County RE-4 From: Timothy J.Ifalopoff,do Soaring Skies Ventures,LLC Date: September 29,2005 Subject: Shepherds Hill Estates-Entrance school bus pickup Mr. Karbula, This memo is in regards to the PUD Sketch Plan comments that we received of your concern for the bus pick-up area and required turning radius. We are proposing that the bus pick-up be located along the north side of the entrance into the subdivision. This would require the school bus to make a U-turn around the entrance island and not need to turn around within the cul-de-sac at the end of the drive. Our proposed layout is very similar to subdivision entrance layouts previously accepted by Brian Lessman. I am attaching a copy of the layout that Brain had approved and a copy of our proposed layout. You will see that a 40' long city bus is able to make the 180°-turn to the pedestrian shelter. This template is the largest single axle bus available and is able to stay within the edges of asphalt. This entrance layout is adequate for what the district requires for a turn around radius. We would like to receive your approval for this entrance layout and position of the pedestrian shelter. Upon your approval,please sign or initial this memo and the proposed layout sheet and return via fax. Please call me if you shall have any questions or comments. You can reach me at(970)491-9888 or at thalopoffOjrengineerina.com. We appreciate your attention to this matter and look forward to your response. —()r.t5 vweaks ptN vas:45 emwas Signed with Approval: John ar ula, Sp dent—Weld County RE-4 ❑ 0 ❑ ❑ 6020 Gremv.9od Poem Boulevard 2627 FanP,apxt 8°ed.Suie 190 4310 AnoxnWest 'ive 121%MedpaasoaA guile 7OG onrnraod Vflia2c,co ROt71 Fort Cq¶im.0080525 ColnadoSping%CO 80907 Warrieau•.Ct 80234 303-7404393•Fat 303-72140 l9 970.4974)888•Wax:970491-9984 719.593-2993•Lb"719.522-6613 7711872.3850•Fox 72O8124253 JUN-14-2005 TUE 11 :31 AN WIND'''. SCHOOL DISTRICT FAX NO. 970`16 5280 P. 01/01 WELD COUNTY RE-4 WINDSOR,COLORADO 80550 Plume: D70-68& /411 Pax: 070-68(-5280 Memo To Tim Halopoff From: Brian Lessman CC: Data 6-1405 Via Fax Transmission C 970491.9984 Re: Impact statement—Shepard Hills Estates This PUD is approximately 55 acres and located on the east side of County Road 15 between County Road 84 and County Road 86 and is described as a 9 unit residential development as presented by developers. Impact would be as follows: Nine(9)single-family units are estimated to generate 7.2 students. This would generate about.3 classrooms with a capital impact of about$38,000 based on current district standards. At some point additional building will be required for support classrooms,gymnasiums,counseling and administrative space increasing this cost. Students would be transported to schools in the district. Instructional costs are estimated at$6,000 per year. The District would expect a cash in lieu of land dedication fee based on current standards and as follows: Single family=$1,214.57 X 9=$10,931.13(Total Fees Required) •Pagel UNITED STATES POSTAL SERVICE Date: June 28, 2005 Subject: Mail Delivery at Shepherds Hills Estates To: Weld County Planning and Zoning The Fort Collins Postal Service has met with Tim Halopoff as the engineer for Soaring Skies Ventures, LLC. We agreed on the location for the cluster box unit near the edge of the 8' gravel shoulder at the entrance of the development. If you have any questions please call Carl Jenkins at 970-225- -- 4130. Letvki Carl Jenkins Growth Coordinator USPS 301 E. Boardwalk Dr. Fort Collins, Co. 80525-9998 DEPARTMENT OF PLANNING SERVICES 6 Planning Division NORTH OFFICE 918 10TH Street GREELEY, CO 8063 80631 slockman@co.weld.co.us oc km a n @co.wel d.co.u s ID C. PHONE: (970) 353-6100, Ext. 3540 WI O FAX: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 September 14, 2005 Dyecrest Dairy, LLC c/o Soaring Skies Ventures, LLC-Tim Halopoff P.O. Box 1245 Fort Collins, CO 80522-1245 RE: PK-1099 - (Shepherds Hill Estates) Request for a PUD Sketch Plan for a 9 Lot Residential Subdivision on a parcel of land described as Lot B of RE-3685 being part of the S2 of Section 5, Township 7 North, Range 67 West of the 69' P.M., Weld County, Colorado Dear Mr. Halopoff: The Department of Planning Services' staff and various referral agencies have reviewed your Sketch Plan application. Comments made during the Sketch Plan phase of the Planned Unit Development and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application processes. Copies of the following referral agency comments are enclosed with this letter: • Weld County Department of Public Health and Environment, referral received 8/22/2005 • Weld County Sheriffs Office, referral received 8/17/2005 • Weld County Department of Public Works, referral received 7/27/2005 • Weld County Department of Building Inspection, referral received 7/19/2005 • Weld County Code Compliance, referral received 7/19/2005 • Office of the State Engineer, Division of Water Resources, referral received 8/3/2005 • Colorado Geological Survey, referral received 8/25/2005 • Colorado Division of Wildlife, referral received 8/18/2005 • Windsor School District RE-4, referral received 7/26/2005 • Larimer County, referral received 7/21/2005 • North Poudre Irrigation Company, referral received 8/8/2005 • North Weld County Water District, referral received 8/4/2005 • Box Elder Sanitation, referral received 7/25/2005 • Poudre Valley Fire Protection District, referral received 9/9/2005 The Department of Planning Services'staff and referral agencies have reviewed your application for a sketch plan on the above described parcel. Planning staff comments are based upon consistency with the Weld County Code, Chapters 19, 20, 22, 23, 24, 27 and any adopted intergovernmental agreements, or master plans of affected municipalities. APPLICATION AND REFERRAL OVERVIEW PK-1099,Shepherds Hill Estates, Page 1 The site under review is zoned Agricultural and is located '%mile north of County Road 86 and west of and adjacent to County Road 15. The site is currently in a grass crop. The Planned Unit Development Sketch Plan proposes nine(9)residential lots with an average lot size of 6.17 acres.Section 27-2-190 of the Weld County Code defines urban scale developments as those exceeding nine (9)lots and/or located in close proximity to existing PUDs,subdivision,municipal boundaries or urban growth corridors and boundaries. Shepherds Hill Estates lies in close proximity to Eagle Ridge Estates to the north and Prairie Ridge Estates to the south. Based on the location of Eagle Ridge Estates, Prairie Ridge Estates and the numerous developments currently in the process or recently approved in this area,Planning staff has determined that Shepherds Hill Estates should be required to comply with urban standards including 15% open space and pavement. The lots will be zoned PUD. The applicant can choose specific uses and bulk requirements that will be allowed. Application materials indicate that the site will be zoned Estate.Although the site will not be zoned Estate, uses allowed in the Estate zone district can be requested. The lots are most closely compatible with the intent and uses allowed in the E (Estate) zone district as set forth in Article III, Division 5 of the Weld County Code. The following, mentioned in the application materials, are not compatible with the intent and uses allowed in the E (Estates)zone district: 1) horses may not be permitted, 2) no commercial or industrial business nor employment by one shall be allowed on this property, 3)farming will not be allowed.4)Building envelopes that do not follow offset and setback requirements listed in section 23-3-440 of the Weld County Code. Animal units,farming and home occupations are allowed in the Estate zone district.Other commercial type businesses as indicated in Section 23-3-430 of the Weld County Code are allowed by the Use by Special Review process. If it is your intent to include a variance from the uses allowed or bulk requirements in the E (Estate)zone district please indicate such in your change of zone application. Covenants may also be written to limit uses on the site. A Homeowners Association shall be established, and membership in the Association is mandatory for each residential owner. The Homeowners Association is responsible for liability insurance,taxes and maintenance of open space, street(s), private utilities and other facilities. The applicant will be required to submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state prior to recording the final plat. Application materials indicate xeroscape vegetation and ornamental signage, and a bus/mail pull off will be located at the entrance to the PUD.The development sign,emergency access,detention pond,mail pedestal and pedestrian shelter should be on property owned and maintained by the HOA. The pull off shall meet all school and postal district requirements. Evidence of school district and postal district approval shall be included in the Change of Zone application. The Change of Zone application should include 15%open space that meets the criteria listed in Section 27-6- 80 of the Weld County Code.All outlots should be designated on future plats and the uses outlined. If an area proposed for a detention pond is included in the 15% open space, the application materials shall indicate information on how this area meets Section 27-6-80 of the Weld County Code. A finalized Landscape Plan should be included with the Change of Zone submittal. The application indicates the site is to be served by North Weld County Water District. Prior to submitting the Change of Zone application, appropriate documentation shall be provided which indicates not only that taps are available, but provide assurances that these connections will be made.The style of assurance may take several forms,however pre-purchase of taps,line extension agreements,tap service agreements,or another form of"participation agreement" will be acceptable. The water assurance shall be approved by the Weld County Attorney's Office prior to submitting the change of zone application. The North Poudre Irrigation Company indicated concerns in a letter dated August 4, 2005. The Change of Zone application shall include agreements with the North Poudre Irrigation Company or the applicant shall submit information indicating how the concerns of the company have been addressed. The Poudre Valley Fire Protection District has made extensive requirements in a letter dated September 9, 2005. The Change of Zone application shall include evidence that the District has reviewed the plan and any PK-1099,Shepherds Hill Estates,Page 2 • Districts requirements have been incorporated into the change of zone application. Further, the proposed emergency access shall be equipped with a knox box to ensure that the roadway is not used as an access for anyone except emergency personnel. Application materials indicate that Andarko owns the mineral rights under the property. With the Change of Zone application the applicant shall submit a signed copy of an agreement with the properties mineral owners which stipulates that oil and gas activities have been adequately incorporated into the design of the site and that mineral owners concerns have been mitigated or the applicant shall submit evidence that the mineral owners concerns have been addressed. The Weld County Department of Public Works has indicated many requirements. If necessary,the applicant shall contact the Department of Public Works to discuss their requirements. All Department of Public Works conditions shall be addressed in future applications as required. The applicant shall address the County Road Impact Fee Program (Ordinance 2002-11)and adhere to the fee structure, or any adopted fee structure in place, as required per this Ordinance. The Department of Planning Services has not received comments from West Greeley Soil Conservation District or the Town of Severance. It is highly suggested that the applicant contact the Town of Severance to ensure any concerns can be addressed. APPLICATION SUMMARY After reviewing the Planned Unit Development Sketch Plan proposal, it is the opinion of the Department of Planning Services that the Planned Unit Development Sketch Plan meet many of the applicable criteria as listed in the Weld County Code. If you choose to proceed with the application process,the next step is to address the concerns of the referral agencies. When the concerns are addressed and a water tap agreement has been approved by the Weld County Attorney's Office,a Planned Unit Development Change of Zone application may be submitted,unless it has been determined that substantial changes from the submitted Sketch Plan would warrant the need to submit a new Sketch Plan application. Subsequent submittals associated with this proposed Planned Unit Development must address all issues discussed in the enclosed referrals, as well as the questions and concerns of the listed referral agencies. Please review the enclosed materials and then call to schedule an appointment so that I may reserve a sufficient amount of time to meet with you. The purpose of the meeting will be to familiarize you with the PUD Subdivision application procedure and discuss any problems or concerns identified in the referrals associated with this letter. No additional information is required at this time. Please note, staff comments made during the Sketch Plan phase of the PUD application procedure and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application process. Sin erely, eri Lockman Planner II Enclosures File: PK-1099 PK-1099,Shepherds Hill Estates,Page 3 Weld County Planning Department GREELEY OFFICE / o JUL 2 8 2115 „s\ MEMORANDUM RECEIVED 1.11 WIITO: Sheri Lockman, Planning DATE: 27-July-2005 I D C FROM: Peter Schei, P.E., Publi Department COLORADO SUBJECT: PK-1099 Shepherds ill Estates PUD(Sketch Plan) Weld County Public Works Department has reviewed this sketch plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments General Comments: ❑ The Shepherds Hill Estates PUD Subdivision is planned for up to 9 single-family residential building sites. ❑ The Preliminary Subsurface Exploration Report—Shepherds Hill Estates— Weld County. Colorado, dated June 16, 2005 by Earth Engineering Consultants(Job#1052087)appears satisfactory. External Roadways: ❑ This development will introduce 86 additional(9.57 x 9) vehicle trips per day to the off-site roadway system based on 9 single- family residential homes. Based on the proposal of limited development and anticipated low transportation impact on surrounding roads, a traffic study is currently not required. „R 15 is recognized as a County local paved roadway (60-foot right-of-way) adjacent to the west boundary of the proposed development. Public Works ask the applicant to verify the existing section line right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the section line right-of-way cannot be verified, it will be dedicated on the final plat. o CR 15 is under maintenance of Weld County adjacent to the west boundary of the proposed development. Internal Roadways: ❑ Internal roads shall meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty (60) feet in width including cul-de-sacs with a sixty-five(65) foot radius, and dedicated to the public. The typical section of interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of pavement radius shall be fifty (50) feet. Stop signs and street name signs will be required at all intersections. Roadside drainage shall be contained within the right-of-way. o The applicant should pay close attention to the minimum centerline radius requirement per Chapter 24, Appendix 24-D for local roads in Rural Subdivisions, in lieu of the sharp corner condition shown adjacent to Lot# 7 currently being proposed. ❑ The applicant must provide a pavement design prepared by a professional engineer along with the final plat submittal. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board recommendations. ❑ Intersection sight distance triangles at the development entrance(s) will be required. All landscaping within the triangles must be less than 3% feet in height at maturity,and noted on the final roadway plans. ❑ The applicant shall submit to Public Works stamped,signed and dated final plat drawings and roadway/construction & grading plan drawings for review with the final plan application and approval. Construction details must be included. ❑ Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices(MUTCD)shall govern the signing plan. ❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-site) Improvements with the final plan application. These agreements must be reviewed by Public Works and shall be approved by the Board of County "Commissioners(BOCC)prior to recording any final plat. Page 1 of 2 -. Drainage• ❑ The PUD Sketch Plan — Drainage Report for Shepherds Hill Estates by JR Engineering, dated June 15, 2005, is acceptable to Public Works. ❑ The detention pond shown on Lot #1 must be located within a drainage easement, with maintenance defined in the HO covenants for the PUD. ❑ A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. ❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. o Note uphill drainage on west curb line of southbound lane of Shepherds Hill Drive, adjacent to proposed Lot 7 (shown on PUD Sketch Plan—Drainage Report for Shepherds Hill Estates by JR Engineering, dated June 15,2005). ❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with each final plan (phase) application. These plans (stormwater management plans) may be based on Urban Drainage methodology. Recommendation ❑ The Public Works Department recommends approval of this sketch plan based on the above observations. ' 'he ipplicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Any issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final plat. • PC: PK-1099 Shepherds Hill Estates PUD (Sketch Plan) Email&Original: Planner:Sheri Lockman -- PC by Post: Applicant: Dyecrest Dairy LLC PC by Post: Engineer:JR Engineering Page 2 of 2 . riti.,--- M e m o ra n c9421dteu�ty'planning Department GREELEY OFFICE TO: Sheri Lockman, W.C. Planning AUG 2 2 2005 DATE: August 17, 2005 R.E C E IV E D WIDc FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment CASE NO.: PK-1099 NAME: Dyecrest Dairy/Shepards Hill Estates\ The Weld County Health Department has reviewed this sketch plan proposal for a 9 lot PUD on 54.6acres. The minimum lot size of 5 acres coupled with an overall density of one septic system p r 6.06 acres does meet current Department policy. The application has satisfied Chapter 27 of the Weld County Code in regard to water service. The application states the water will be supplied by North Weld County Water District. A draft water service agreement is included in the application materials. The application states that sewer will be provided by Box Elder Sanitation District. However, a letter from Box Elder Sanitation acknowledges that the property is within the District's 208 service area, but goes on to state that no sewer line is within 3 miles of the property 'as the crow flies' and the cost of sewer line expansion is unreasonable. Box Elder Sanitation does not oppose the use of septic systems for this subdivision. The applicant has submitted a preliminary geotechnical report in the application. This report, from Earth Engineering Consultants and dated June 16, 2005 states that the site is expected to be suitable for conventional septic systems. The property is bordered by the Cactus Hill Lateral on the west. Because of the large lot sizes and anticipated construction of conventional septic systems the Department is not requiring primary and secondary septic envelopes on the lots. The application states that the detention pond for the development will be placed in an easement on Lot 1. The maintenance for the detention pond has not been determined at this time; however the possibilities are that either the owner of Lot 1 or the HOA will be responsible. The initial impact plan submitted in the application materials is limited in scope and should be elaborated on. O:\PAM\Planning\sketch\pk-1099 Dyecrest Dairy Shepard Hill Est.rtf 1 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Department of Natural ResourcesPurr 1313 Sherman Street, Room 715 5-MAILED Denver, Colorado 60203 Phone 303.866.2611 Weld County Planning Departm nTg( isles. Fax 303.866.2461 GREELEY OFFICE DEPARTMENT OF AUG 2 5 2005 NATURAL RECEIVED RESOURCES August 18, 2005 Bill Owens Governor Sheri Lockman Russell George Weld County Legal Description: Executive Director Located in the Vincent Matthews Department of Planning Services Division Director and 918 10th Street S1/4of Section 5, State Geologist Greeley, CO 80631 T7N, R67W of the 6th P.M. Subject: Review of Shepherd Hill Estates PUD Sketch Plan Case No. PK-1099, Weld County, CO; CGS Unique No. WE-06-0005 Dear Ms. Lockman: Colorado Geological Survey has completed its site visit and review of the above-referenced project. I understand the applicant proposes to subdivide this 55-acre parcel into nine residential lots of approximately five to seven acres each. With this referral, I received a set of Sketch Plan drawings (JR Engineering, June 18, 2005), a Preliminary Subsurface Exploration Report by Earth Engineering Consultants (EEC), dated June 16, 2005, a Geologic Hazards Evaluation letter report(EEC, June 15, 2005), and a Sketch Plan Drainage Report (JR Engineering, June 15, 2005). The applicant states in their PUD Sketch Plan Development Questionnaire that domestic water service will be provided by North Weld County Water District, and that individual sewage disposal systems (ISDS) are planned. I did not observe any site conditions that would preclude the proposed development. However, I have several comments: Soil engineering properties and foundation design. EEC's subsurface exploration report describes the results of a preliminary geotechnical investigation consisting of 3 soil borings and limited laboratory testing, and contains appropriate preliminary recommendations regarding site preparation, foundations, floor systems, foundation drains, and surface drainage. Additional, lot-specific geotechnical investigations will be needed, once building locations are finalized, to further characterize soil engineering properties such as expansion/consolidation potential, strength and allowable bearing pressures. This information, along with more specific information about depth to and type of bedrock and seasonal depths to groundwater, is needed to design individual foundations, floor systems, foundation perimeter drains, and sewage disposal systems. Groundwater and perched water. Although groundwater was not observed in any of EEC's three borings to the explored depth of 15.5 feet, groundwater levels may rise seasonally. and perched water is likely to form above clayey, less permeable soil layers and on top of the bedrock surface as a result of infiltration from the Cactus Hill Ditch immediately southwest of proposed Lot 1, landscape irrigation, and infiltration from ISDS. I agree with EEC's recommendation that individual perimeter foundation drain systems should be constructed to help prevent infiltration of perched water, to help control wetting of potentially collapsible or expansive soils in the immediate vicinity of foundation elements, and to help reduce the potential for development of hydrostatic loads on below-grade walls. It is critical that the perimeter drains are sloped to discharge to an interior pumped sump or a gravity outlet that discharges water as far as possible away from all structures. Weld Shepherd Hill Estates 2:06 PM,08/182005 .--.. Sheri Lockman August 18, 2005 Page 2 of 2 _. ISDS. Although it is currently not feasible for this project to use a public sewer service, it is certainly preferable, from water quality and structural performance perspectives, to discontinue the use of ISDS when public sewer service becomes available. I agree with Dr. Srivastava's recommendation, presented in his May 31, 2005 letter from Boxelder Sanitation District, that"ISDS be designed with the flexibility of hooking up to public sanitary sewer as and when it becomes available." Thank you for the opportunity to review and comment on this project. If you have questions or need clarification of issues identified during this review, please call me at(303) 866-2001, or e-mail jill.carlson@state.co.us. reSincerely,t Ji1UCarlson, C.E.G. Engineering Geologist Weld Shepherd Hill Estates 2:06 PM,08:18.'2005 . iltft stiril ..._ liWilWeld County Plannin Mkt County Referral C. GREELEY OFFICE COLORADO AUG 1 8 2005 RECEIVED July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 4 We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature /I // ÷-- Date ielZ45— Agency �//JYT 1- tl/ D /j74./�j4 •}Weld County Planning Dept. 4918 10'"Street, Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax • STATE OF COLORADO o Bill Owens,Governor �T_ DEPARTMENT OF NATURAL RESOURCES b ta DIVISION AN EQUAL OPPORTUNITY EMPLOYER OF WILDLIFE 3`4o 9 Bruce McCloskey, Director For Wildlife- 6060 Broadway For People Denver,Colorado 80216 Telephone:(303)297-1192 August 2,2005 Sheri Lockman Weld County Planning Department 918 10th Street Greeley,CO 80631 RE: Case Number PK-1099 Dear Sheri, I received and reviewed the proposal for the PUD sketch plan for nine residential lots(Shepherd Hill Estates). During the review Chad Morgan,District Wildlife Manager,made a site visit to the parcel. in this letter you will find the Division of Wildlife comments concerning the proposal. The site is located east and adjacent to WCR 15 and'A mile north of WCR 84. The field appears to be an old hay field with homes surrounding the area. During the visit a pair of Red-tailed Hawks were seen around the site. It is the Division of Wildlife recommends that: -Any fences built are three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches,along with installation of double stays between posts. -Initial construction occur between August 15 and April 1 to prevent the destruction of nests. -bash covenants be used in the development. -Future homeowners are made aware of nuisance wildlife in the area. -Equipment is cleaned and a weed management plan is used to help reduce the spread of weeds. We are concerned for the safety of the wildlife in the area if fences are erected,as some types of fencing can be dangerous and even fatal to wildlife. Therefore,we recommend that if any fencing is to be used within or around development sites,either during or after the project,it should be the type that would allow the free passage of wildlife. Fencing plans should avoid the use of woven wire type fences that will trap or prevent movement of wildlife. The Division of Wildlife prefers the use of three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches,along with installation of double stays between posts. The mixture of heavy vegetation and bare ground makes for desirable nesting habitat for many of the ground-nesting birds. Human activities around these nests can have negative impacts on them. It is recommended that any construction that takes place on the site occurs before April 1 and after August 15 to minimize any impacts that human activity may have on these nests. The residential development should include covenants that prevent domestic dogs and cats running at large. Domestic dogs and cats roaming the open space on this development and adjacent property would have a definite adverse impact on wildlife in the area. CDOW feels strongly that this wildlife corridor encompassing the adjacent upland should be protected from domestic pets of local residents inclined to walk dogs in this natural area. DEPARTMENT OF NATURAL RESOURCES,Russel George,Executive Director WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Ken Toms, Secretary It is recommended that the developer make future homeowners aware of nuisance animals that are found in rural areas. Coyotes,raccoons,skunks,and foxes can all potentially cause problems to landowners. Also,homeowners should be made aware of the potential problems that coyotes and skunks can cause with domestic dogs and cats. The new homeowners should also be made aware that it is their responsibility to prevent and handle any problems that may arise. The Division of Wildlife has brochures available to the homeowners that talk about living with wildlife and will also be happy to give suggestions on how to prevent any potential problems. With new construction taking place and machinery being transported from one site to another,it is important to help prevent the spread of noxious weeds. Noxious weeds reduce property value and wildlife habitat. Care should be taken to avoid spreading and introducing noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are recognized. The area should be promptly revegetated using native species to prevent erosion and invasions by weeds. It is also recommended that a weed management plan be developed from during construction and for a period of at least 5 years after construction. On behalf of the Division of Wildlife I would like to thank you for the opportunity to review and comment on this proposal. If you or the applicant have any further questions,please feel free to call Chad Morgan at 970-356-6528. Sincerely, Dave Clarkson Area Wildlife Manager Cc: Chad Morgan,District Wildlife Manager DOW Mike Sherman,Habitat Biologist DOW file Weld County Referral C. COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 g 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 Planning Department Design Review Meeting: ❑ 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: Signature -77/ �� '6, Date 7 / / Agency '� 1 2 +Weld County Planning Dept. +918 10'"Street, Greeley, CO.80631 +(970)353-6100 ext.3540 :•(970)3O4-6498 fax DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 918 W.10`h St., Greeley, CO 80631 IlDWEBSITE: www.co.weld.co.us CPhone (970) 353-6100, Ext. 3540 O Fax (970) 304-6498 COLORADO July 18,2005 Dyecrest Dairy, LLC Planned Unit Development Sketch Plan for 9 Residential Lots PK-1099 1. A separate building permit shall be obtained prior to the construction of any building. 2. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 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; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. 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. 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. Sincerely, Frank Piacentino Plans Examiner r Weld County Referral C. COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: 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 //"!e Date 087;',715—/"0 Agency w C S o / +Weld County Planning Dept. •:918 10th Street. Greeley, CO. 80631 4(970)353-6100 exL3540 4(970)3O4-6498 fax Weld County Sheriffs Office IIIe mo ^z^^t;. Planning Department '-�I GY OFFICE To: Sheri Lockman AUG 7 2005 From: Ken Poncelow R IE I V E® Date: August 17, 2005 Re: PK-1099 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. 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. 2. 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. 3. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 4. 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. 5. 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. 6. 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. The name for the street in this sub-division is approved. 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. 1 ( .1.-NH Kit Willie County Planning pepa�Weld County Referral GREELEY OFFICE COLORADO AUG X 4 2005 RECEIVED July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: $ 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 con icts with our interests. ❑ See attached letter. Comments: iilete rY WEta (ou.rry 4/47-e,C Qisriva . ' Noi t,et/G kin* 7*t 4Pet,e4Nr ai THE c/rierrr P&4 vs v4r1,t 54CV/ce. ,4 eecaff✓; Signature 000. Date Av`- 03- rcns- Agency 40r-if WALD Caevrr JRrf(. tcszX/cr 4'Weld County Planning Dept. •.918 10'"Street, Greeley, CO. 80631 x(970)353-6100 ext.3540 x(970)304-6498 fax JUL-26-2005 TUE 04:32 PM WINDSOR SCHOOL DISTRICT FAX NO. 971_686 5280 P. 01/02 rest JU1 1 9 2nn5 Weld County Referral Illig COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal. Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: O 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 ^ � Date 1126ID5 Agency Wry Covtii-x &Amok OCthV1 - 94=-4 4Weld County Planning Dept. 4916 10th Street,Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax JUL-26-2005 TUE 04:32 PM WI►afi0R SCHOOL DISTRICT FAX NO. 2-'-' 686 5280 P. 02/02 EDUCATION FOR LIFE 41 ND S OR Brian L.Lessman Superintendent of Schools Dear Ms. Lockman, 7/26/05 This letter is in regard to the attached referral from Dyecrest Dairy LLC. As stated in their P.U.D Sketch Plan, (item 15) they will owe Weld County School District RE-4 a total of$10,931.13 in cash in lieu of land fees. A second area of interest for us is addressed in item 16. We agree that the cul-de- sac provided in their plans is the logical place for a school bus pick up. However, the planned size of the cul-de-sac, a 50' turning radius, does not meet our transportation needs. We require an 80' turning radius for our school busses. We would like to see a response to this element of the Dyecrest Dairy LLC application prior to agreement. Yours Sincere] Superintendent—Weld County RE-4 WELD COUNTY SCHOOL DISTRICT RE-4 1020 Main Street• P.O.Box 609 •Windsor,CO B0SS0 •(970) 686-8000 • Fax(970) 686-5280 3729 Cleveland Avenue P.O.Box 10O Wellington,Colorado 80549 Telephone: (970)568-3612 Fax: (970)221-4659 North Poudre Irrigation Company August 4,2005 Weld County Planning Department GREELEY OFFICE Weld County Pllanning Dept. AUG v o Attn: Sheri Lockman, Planner 2005 918 l0'"Street Greeley,CO 80631 i.ECEl V Dear Sheri Lockman, VED I have received the PUD Sketch Plan for Shepherd Hill Estates and have only the following comments: 1. The 25' easement as shown on the plan should be 35' unless covered by a duly recorded easement/right-of-way document,a copy of such should be produced for our information. Unless a formal easement or right-of-way document exists North Poudre Irrigation Company has a `prescriptive' easement with no specified width extending on both sides of the centerline of the ditch. 2. The potential lot owners adjacent to the Cactus Hill ditch should not interfere, impede,or restrict the Company's access, use of,or maintenance of our ditch easement. This could include but not limited to these examples;vinyl fencing,gates,planting of trees,the restriction of burning the ditch,the application of herbicides to control weeds, use of the ditch road for any other than the operation and maintenance of the Cactus Hill Ditch. It has proven beneficial for prospective purchasers of the lots to contact me and discuss in more detail the relationship that exists between the Ditch Company and lot owner. It you could assist in the passing this information on to others I would appreciate it very much. Sincerely, Stephen R. Smith Manager Weld County Referral C. COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 —. 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 Planning Department Design Review Meeting: ❑ 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: le-tagetmay" ./ Signature ?� �) 'l " Date p b/yA Agency • �_ �O •}Weld County Planning Dept. 4.918 10th Street, Greeley,CO. 80631 4•(970)353-6100 ext.3540 ÷(970)304-6498 fax STATE OF COLORADO OFFICE OF THE STATE ENGINEER .0c.cO26-, Division of Water Resources Department of Natural Resources 1.e 1313 Sherman Street, Room 818 \t .,/ Denver, Colorado 80203 August 1, 2005 .1g76 s; Phone(303)866-3581 ---- FAX(303)866-3589 Weld Caunt Bill ewens www.watecsta[e.co.us Y Planning Department Governor GREELEY OFFICE Russell George Executive Director Ms. Sheri Lockman AUG X Hal D. P.E. Weld County Planning Department 2005 Hal Simpson,gin 918 le Street Greeley, CEIVED g CoCoo 8 80631 Re: Shepherds Hill Estates PUD Case No..PK-1099 SW114 of Sec. 5, T7N, R67W, 6th P.M Water Division 1, Water District 3 Dear Ms. Lockman: We have reviewed the above referenced proposal to subdivide a 54.6.3-acre parcel into 9 single- family residential lots ranging in size from 5.01 to 6.17 acres. A Water Supply Information Summary Form was not included in the referral material. The proposed water source for this development is identified as the North Weld County Water District ("District"). A letter of commitment for service from the District was not provided. According to the information in the referral material a draft water service agreement from the District has been prepared and the District could provide the required 500-psi for the fire hydrants and 20-psi for each of the 9 lots. Based on current information on file in this office, the District will typically furnish 70% of an acre-foot (228,000 gallons) of water per tap per annual water year if the allotment for the Colorado-Big Thompson (CBT) project water, as determined by the Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the delivery as necessary when the CBT allotment is less than 50%. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that with the District as the water supplier, the proposed water supply may be provided without causing material injury to existing water rights and the supply is expected to be adequate, provided the applicant obtains a letter of commitment for service from the District for this development. We recommend that the County obtain a signed copy of the water service agreement from the District prior to the final approval of the subdivision. If you have any question in this matter please contact loana Comaniciu of this office. Sincerely, ;57 Dick Wolfe, P.E. Assistant State Engineer cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 Water Supply Branch Subdivision File DW/IC/Shepherds Hill Estates 14 6 Weld County Planning ' rtment GREELEY OFFICt. JUL 2 5 2005 (lift 1( r li! ,x_ :� . ,,i.,\-,NDIST;IICWeld County Referral V. COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: ❑ 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: Signature41GA-41;64 Date A'2 /fS Agency • ten , -SG✓t r7ti'ch\ 4PiZt"t t- +Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 07-21-2005 13:23 FROM- 1-398 P 003/007 F-329 1C(1 41 07-19-@S ?03 : 0? "ligo Weld County Referral C. • COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman • Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5,T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: • ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan (7 g We have reviewed the request and find no conflicts with our interests_ See attached letter. Comments: Signature Date 7-a/-OS Agency 60 (2,le • 4Weld County Planning Dept. •:•918 10"Street,Greeley, CO.50631 4(970)353-6100 ext3540 4(970)304-6498 fax . 4 , , • • Weld County Referral COLORADO July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 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 Planning Department Design Review Meeting: have reviewed the request and find that it does/does not comply with our Comprehensive Plan lar We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments:1/41zn 4)5}- )) /n dasl?� s GC C no/ eQJ !J n/ 0 a tia Cant (/to-e- e //7 4Lerl- Signature / ®'. /yam Date 7 -79 (c� Agency (� anti ( Q4r�/ f •:•Weld County Planning ept. •:•918 10'Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 •-(970)304-6498 fax 001/004 Oo Fire Prevention Bureau 102 Remington St, 1`k floor P d e 1T�1L Fort Collins, CO 80524 970416-2890(phone) 970-221-6635(fax) www.poudre-fire.org Fax Yo:��► t (..ortivo," From: Ai toL4 e/ 4_64,46,e7 Fart t7O -36).51- Yy 8 Pages: V (including cover) Phone Date: 9—P.--O — Re: CC: ❑ Urgent 0 For Review ❑Please Comment ❑ Please Reply ❑Please Recycle • Comments: _Celt pa - V/6 - 28 9 uH/U9/ZUU5 b'xl 10:48 FAX C1002i004 • Weld County Referral COLORADO • July 18, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Dyecrest Dairy LLC Case Number PK-1099 Please Reply By August 15, 2005 Planner Sheri Lockman Project PUD Sketch Plan for nine (9) residential lots (Shepherd Hill Estates) Legal, Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15; approximately 1/4 mile north of CR 84 Parcel Number 0705 05 300018 • 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 Planning Department Design Review Meeting: CI 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 �w/- g,A Date Agency 1 �r*- +Weld County Planning Dept. *918 10"Street,Greeley,CO,80631 4.(970)353-6100 ext.3540 4(970)304-6498 fax uai ZUU5 Fit! 1S:48 FAX 711 003/004 udre re • Phone:97x221-6s70 s' Authority 102 Remington Street Fax:970-221.6635 . • � Port Collins, CO 80524 Internet:www.poudre-£ire.org -i To: Sheri Lockman Weld County Planner Front Michael A. Chavez Fire Protection Technician Re: Shepherd Hill Estates Case#PK-I099 Date: September 9, 2005 CC: Soaring Skies Ventures, LLC P.O. Box 1245 Fort Collins, Colorado 80522-1245 The following comments are applicable to this proposal: In accordance with the 97 LCLUC 8.1.4c, Other Standards, the Poudre Fire Authority will enforce the 97 Uniform Fire Code along with it's accompanying local ordinances as follows: REQUIRED ACCESS: A fire department access road shall be provided and maintained unobstructed. 1997 UFC 901.2.2.1; 901.3; 901.4.2; 902.2.1 The criteria for a required fire lane contain several conditions that must be met. 1. The minimum width shall be 20 feet. 2. Inside turning radius shall be 25 feet and outside turning radius shall be 50 feet. 3. Compacted road base shall be used during the construction phase only. The permanent fire lane shall consist of asphalt or concrete and shall be required to support 40 tons(Not Gravel) 4. The fire lane shall be platted as an"Emergency Access Easement" on the final plat. WATER SUPPLY: Residential(Outside GMA) No Residential building can be greater then 400 feet from a fire hydrant. Fire hydrants are required with a maximum spacing of 800 feet along an approved roadway. Each hydrant must be capable of delivering 500 gallons of water per minute at a residual pressure of 20 psi. 1997 UFC 901.2.2.2 v u. Vo. I.VVJ rna lu.Yo tAA 004.'004 These two conditions, if not met would require the instillation of a fire sprinkler system. 1) Water Supply—If a hydrant,when required can not be provided for whatever reason, a fire sprinkler system shall be provided AND 2) Fire Apparatus Access- When any portion of the facility or any portion of an exterior wall of the first story of the building is located more then 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility it shall be fire sprinklered. Please contact Michael A. Chavez with Poudre Fire Authority at 970-416-2869 with any questions pertaining to these requirements. 5;°11 OJ - • i.� .-..may -- 1 i --- -- 28 27 -- ? i ____________ ____. _ 'a R 88 i'l i (� - j-__.a._.___dL______—j--_.r.-..,-i___--32h----- L - 3 i � li � i 1 • 2..• - --- . . \�. j ` t Via•: _,_ ,��.. \::. . .�:. . . . � l ( r , 11 \a .! 0 , � � 1� 1 1 L� 1 -- t — • C.) H 14 _ _ _ i_._. I \ \ 1 i_c\,.......„_/ ..-.' . _i__ , 7: ------:— 1 • Ht s I t . r 0CT-05-2005 WED 03:21 PM FAX NO. -- P. 03/03 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statements) of Taxes Due, issued by the Weld County Treasurer, are evidence that; as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. • Signed DateAp/Cfr9 • ica<-os miu_ 39y -t. ol LandAmerica Transnation Soaring Skies Ventures, LLC, a Colorado limited liability company Attn: Timothy J. Halopoff 2819 Seccomb Street, P.O. Box 1245 Fort Collins, CO 80526 Case No. TNGR0000603 "WE'RE HERE TO MAKE IT EASY!" Transnation Title Insurance Company 5801 W 11th Street Suite 201 Greeley, CO 80634 LandAmerica FILE NO.: TNGR0000603 PROPERTY: Transnation SELLER: Dyecrest Dairy Limited Liability Company, a Colorado limited liability company Transnation Title Insurance Company BUYER: Soaring Skies Ventures, LLC, 5801 W 11th Street a Colorado limited liability Suite 201 company Greeley, CO 80634 PHONE: 970-352-2283 FAX: 970-352-2312 ESCROW CLOSER: Dareila Bloch DATE: September 26, 2005 We appreciate the opportunity to be of service to you. Please contact the above if you have any questions concerning this transaction. BUYER(S): Soaring Skies Ventures, LLC, a Colorado limited liability company 2819 Seccomb Street, P.O. Box 1245 Fort Collins, CO 80526 SELLER(S): Dyecrest Dairy Limited Liability Company, a Colorado limited liability company 1137 N County Line Road --Fort Collins, CO 80525 LISTING AGENT: Points West, Inc. Phone: 970-407-0755 Attn: Duane Rennels Fax: 970-407-0799 143 Remington Street, Suite A Fort Collins, CO 80524 SELLING AGENT: The Realty Exchange Phone: 303-894-9551 Attn: Jeffrey W. Couch 888 Logan Street #11B Denver, CO 80203 LENDER 1: Farmers Bank Phone: 970-834-2121 Attn: Paula Wright Fax: 970-834-1351 P.O. Box 220 Ault, CO 80610 MORTGAGE BROKER: Direct Lender Phone: 970-475-0222 Attn: Sandra Hobbs Fax: 970-475-0232 7251 W. 20th Street #M-2 Greeley, CO 80634 Ili LandAmerica® PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. • The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA7 Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title& Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. �- Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Schedule A 1. Effective Date: Commitment No.: September 16, 2005 at 7:00 am TNGR0000603-C6 2. Policy or Policies to be issued: Amount Premium A. ALTA Owner's Policy - 10/17/92 $434,500.00 $636.00 Proposed Insured: Soaring Skies Ventures, LLC, a Colorado limited liability company B. ALTA Loan Policy - 10/17/92 $260,700.00 $100.00 Proposed Insured: Farmers Bank, its successors and/or assigns Tax Information Services $20.00 Endorsement 110.1 $128.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple and Title to the estate or interest in the land is vested in: Dyecrest Dairy Limited Liability Company, a Colorado limited liability company aka Dyecrest Dairy, LLC, a Colorado limited liability company 4. The land referred to in this Commitment is described as follows: Lot B of Recorded Exemption No. 0705-05-3-RE3685 recorded February 18, 2004 at Reception No. 3154846, being a part of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Transnation Title Insurance Company Prepared By: Sean Stevens Commitment No. TNGR0000603-C6 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and Recorder of the county in which said property is located. NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the proposed insured has notified or instructed the Company in writing to the contrary. NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non withholding). A. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and materialmen's liens, executed by the persons indicated must be furnished to the Company, together with any additional premium required by the filed rates of the Company. Upon receipt of these items, preprinted Item Number 4 will be deleted from the policy(ies) when issued. NOTE: If subject property is currently under construction or new improvements have been made this commitment is subject to further requirements. B. Deed sufficient to convey fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, Item 2A. NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the legal address of the purchaser (not necessarily the same as the property address) be included on the face of the deed to be recorded. NOTE: C.R.S.39-14-102 requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Statement of Authority recorded May 10, 2000 at Reception No. 2767099, discloses that Terence Dye as Manager is authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of Dyecrest Dairy, LLC. C. Deed of Trust from Soaring Skies Ventures, LLC, a Colorado limited liability company to the Public Trustee of the County of Weld, for the use of Farmers Bank, to secure $260,700.00. NOTE: Statement of Authority recorded August 25, 2005 at Reception No. 3316855, discloses that Timothy J. Halopoff, Manager/Member are authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of Soaring Skies Ventures, LLC. D. Payment of all taxes and assessments now due and payable. Commitment No. TNGR0000603-C6 SCHEDULE B - SECTION 2 EXCEPTIONS The Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Any and all unpaid taxes and assessments. 7. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in Deed recorded November 3, 1906 in Book 233 at Page 58, and any interests therein or rights thereunder. 9. Cactus Hill Ditch Extension of Cowan Ditch No. 1, and any and all rights of way therefore, as evidenced by Map and Statement filed September 28, 1907 as Reception No. 122760, in which the specific location is not defined. 10. Right of way, whether in fee or easement only, for electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association by Duane Aranci and Marlene J. Aranci by instrument recorded April 3, 1980 in Book 899 as Reception No. 1821265, in which the specific location of the easement is not defined. 11. Matters as shown in Land Survey Plat recorded August 10, 1999 as Reception No. 2713134. 12. Terms, agreements, provisions, conditions, obligations and easements as contained in Use by USR No. 1289 recorded August 22, 2001 as Reception No. 2876924. 13. Request for Notification of Surface Development recorded May 28, 2002 as Reception No. 2954952. Commitment No.TNGR0000603-C6 --14. Terms, agreements, provisions, conditions, obligations and easements as contained in Recorded Exemption No. 0705-05-3-RE-3685, recorded February 18, 2004 as Reception No. 3154846. 15. Terms, agreements, provisions, conditions, obligations, easements and covenants as contained in Restrictive Covenants recorded April 9, 2004 as Reception No. 3169585. 16. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Cactus Hill Ditch lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of Weld County, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above ditch or indicating any alterations of the same as from time to time may have occurred. 17. The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that: (A) The subject property may be located in a special taxing district; (B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent; (C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise: (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. r- Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE LandAmerica Transnation Transnation Title Insurance Company,an Arizona corporation,herein called the Company,for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A, in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six(6)months after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Transnation Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, this Commitment to become valid when countersigned by an authorized officer or agent of the Company. Transnation Title /h Insurance Company Attest: I NSUq yf� By: C/l .� o 4. \tr.0tl0ttrt p IC Secretaryre; frrt 14,1111 President Allan EXCLUSIONS FROM COVERAGE I. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment 1966 �- Transnation Title Insurance Company NOTICE TO PROSPECTIVE INSURED OWNER: Re: Mechanic's Lien and Gap Protection This is to advise that Transnation Title Insurance Company makes available to its prospective insured owners, in conjunction with their Transnation Title Insurance Company policy covering a single family residence, including a condominium or townhouse unit, protection against mechanic's liens. This protection is not automatic nor given in all cases, but is subject to the Company's Underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanic's liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent construction, whether on all of the improvements upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement, if applicable; (c) review of any performance or materialmen's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanic's lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of Transnation Title Insurance Company, or is an independent agent which will be the responsible entity relative to the closing only. Hello