HomeMy WebLinkAbout20061957 PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: 6
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: pp-- into
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 0805-23-0- 00-017
(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 W2 of the NE4 , Section 23,Township 06,North,Range 66 West
Property Address(If Applicable) N/A
Existing Zone District: PUD Proposed Zone District: PUD Total Acreage: 63.34 ac Proposed#/Lots: 24
Average Lot Size: 1.75 Minimum Lot Size: 1.75 Proposed Subdivision Name: Eagle View Farms
Proposed Area(Acres)Open Space: 9.7 acres
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Eagle View Farms, LLC Attn: Brad Keimes
Work Phone# (970)356-6600 Home Phone# N/A Email Address: brad@keirnes.com
Address: 3246 Grandview Drive
City/State/Zip Code: Greeley,CO 80631
APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany applications signed by Authorized Agent)
Name: Robb Casseday
Work Phone# (970)454-8740 Home Phone# N/A Email Address: Robb a CassedavCreativeDesiens.com
Address: 55 S. Elm Avenue. Suite 210
City/State/Zip Code: Eaton,CO 80615
UTILITIES: Water: North Central Weld Water District
Sewer: Individual Septic Systems
Gas: Atmos Energy
Electric:Home Light and Power Public Service(Xcel)
Phone: Owest
DISTRICTS: School: Weld RE-2
Fire: Eaton Fire Protection District
Post: Greeley
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for
the corporation. I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Bo
of County Commissioners cone g the proposed Change of Zone for the above described unincorporated area of Wel
Coun Colorado:
i
zed Agent D e t azure: Owner or Aut rized Agent Da
2006-1957
- ;,r•it Casseday Creative Designs, LLC
55 South Elm Avenue, Suite 210
-`r) Eaton, CO 80615
May 24, 2006
Weld County Planning Dept
Greeley, CO
RE: Ridgeview Farms / Eagle View Farms
Dear Sheri,
At this time we are submitting our application for Final Plat for Ridgeview Farms
PZ#1090. Please note that we have changed the name of the PUD and will
submit the Final Plat as Eagle View Farms PUD. The formal name of the
ownership entity has also been legally changed from Ridgeview Farms, LLC to
Eagle View Farms LLC. A copy of the document filed with the Colorado
Secretary of State, changing the entity name is included in our submittal. At this
time all requirements for the Change of Zone have been met and the COZ Plat
has been recorded.
Sincerely,
Linda Hulse
Planner/ Project Manager
Casseday Creative Designs, LLC
Architecture -- Planning - Fuvhronunnrtal Compliance - Graphic T)reign
(970) 454-8740 - (970) 454-8742 fat
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SPECIFIC DEVELOPMENT GUIDE
Eagle View Farms
Eagle View Farms Planned Unit Development (PUD) is an urban-scale residential subdivision,
as defined by Section 27-2-190, located south of State Highway 392 and west of WCR 35. The
subject parcel contains approximately 63.34 acres, and is bordered by the Ogilvy Ditch to the
west, State Highway 392 to the north, the Cache La Poudre Ditch to the northeast and CR 35 on
the east. Please refer to the attached vicinity map for property location.
The general concept of this development is to create an urban scale residential subdivision that
is consistent with existing development. The subdivision will create twenty-four single-family
estate lots, which will be compatible with the surrounding community as defined by Section 27-2-
70 of the Weld County Code. According to Section 27-2-70, compatible uses are determined by
evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise,
harmony, character, common open space, screening, health, safety, and welfare of the P.U.D. in
relation to surrounding uses. Eagle View Farms Subdivision layout and design respects the
adjacent agricultural, residential land uses, and compatibility criteria.
The planned subdivision will create a gated community for twenty-four single-family estate lots
measuring a minimum of 1.75 acres each from the centerline of the right-of-way. The only land
uses occurring within the 63.34-acre parcel will be single-family estate, accessory uses, and
recreational trail systems all of which will co-exist in harmony with the surrounding properties,
which include Pinnacle Park to the north and Sonny View Estates to the south. Both of these
existing subdivisions are located within Weld County's jurisdiction. Pinnacle Park contains
approximately 31 single-family residential lots, and Sonny View Estates contains approximately
53 single-family lots. Since the planned subdivision will locate between both of these
subdivisions, the planned use is compatible with the existing identical land uses. In view of the
fact that the demand for services already exists and is provided within the general vicinity, the
additional subdivision will not create an undue burden on County resources by being located in
a remote location, but will enhance service time and abilities.
The individual lot owner will select specific architectural styles of the principal and accessory
structures in conformity with adopted covenants and architectural guidelines and standards.
Development of the site will be compatible with the architectural style of the surrounding land
uses and with the overall character of the area.
Agricultural activities have been occurring on and around the subject parcel. The Right to Farm
Covenant, as it appears in Chapter 22 of the Weld County Code will be placed on all recorded
plats, by doing so,future residents of the subdivision will be aware of long-standing agricultural
practices in the area.
In accordance with Section 27-6-20.B., the following submittal entails a specific development
guide.
r
Section 27-4-20.E Initial impact plan addressing all impacts this use will have on the
proposed site and surrounding land uses. A listing of potential impacts is cited in Section
27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE)
Section 27-6-40 Component One—environmental impacts
1. Noise and vibration
2. Smoke, dust and odors
3. Heat, light and glare
4. Visual/aesthetic impacts
5. Electrical interference
6. Water pollution
Development of this proposal will not result in any adverse environmental impacts, including the
above listed environmental concerns. Negative impacts from noise and vibration, smoke, odors,
heat, glare, visual impacts, electrical interference and water pollution will not occur on the site.
Since farming can be a more intensive use than residential, some of these factors will be
significantly mitigated with the development of residential housing, such as smoke, dust and
odors. Visual and aesthetic impacts will be enhanced by entrance landscaping treatments and
landscaping within the subdivision.
Final Plat Compliance: The development will not result in any adverse environmental
impacts. Visual and aesthetic impacts will be enhanced. Please see Landscape Plan.
7. Wastewater disposal
All wastewater disposal requirements within this development will utilize individual septic
systems. According to Weld County regulations, septic systems comply with the definition of
sewer systems, which is a requirement for urban scale development as identified in Section 27-2-
190. The planned lot sizes within the subdivision have been designed to meet the density
requirements of the Weld County Code and the Weld County Health Department,therefore no
negative impacts are foreseen on this site. The overall gross density for the septic systems will
be 2.5 acres per individual lot. All septic systems shall be designed according to individual lot
characteristics. In accordance with the Weld County Department of Public Health and
Environment requirements, primary and secondary leachfield envelopes will be delineated on the
plat and language restricting building on the leachfield envelopes will be included in the
homeowner's association covenants.
Final Plat Compliance: All Septic Systems will be engineered to meet Health Dept.
requirements. Notes regarding Health Dept. regulations have been placed on the plat and
in the Covenants.
8. Wetland removal
No wetlands are located on this parcel; therefore, no wetland mitigation is necessary.
9. Erosion and sediments
10. Excavating,filling and grading
11. Drilling, ditching and dredging
Any on-site grading, drilling, ditching or dredging will be done sympathetically. There is one
drill window located on the property which has been abandoned under a Surface Use Agreement
with the mineral lessee, a copy of which has been included with this application. An erosion
control plan, which will be submitted to public works and will be established according to the
Phase II Storm water requirements.
Final Plat Compliance: Grading, Drainage, and Erosion Control are included in our
engineered construction plans.
12. Air pollution
13. Solid waste
14. Wildlife removal
15. Natural vegetation removal
This proposal will not result in negative impacts to the above listed concerns. The residential
uses should not create any adverse impacts to air pollution or contribute to solid waste concerns.
Final Plat Compliance: There will not be any negative impacts on the above concerns.
Natural vegetation will be enhanced with our landscape plan to attract wildlife.
16. Radiation/radioactive material
To the applicant's knowledge, there are no radioactive materials located on the subject parcel.
17. Drinking water source
The public water system will be provided by Northern Weld County Water District. Currently
NWCWD provides water service to the subdivisions surrounding the subject parcel. In
cooperation for NWCWD to provide service to this area the property owner is granting a thirty-
foot wide water line easement along the east half of Section 23 (CR 35) to loop the existing
system to ensure adequate pressure, fire flows are being provided to not only the planned
subdivision but the encompassing subdivisions as well. A water service agreement has been
submitted and reviewed by the County Attorney with the change of zone application.
Final Plat Compliance: A final water service agreement has been entered into with
NWCWD.
See attached agreement.
18. Traffic impacts
All residential lots will be served by an internal paved roadway, which will limit the number of
access points onto Weld County Road 35. Only one new access is being planned, and it is
centrally located along CR 35. No additional road accesses will be created. The Ogilvy Ditch
access to Hwy 392 is currently located on the west side of the ditch and not on this subject
parcel. There will be no subdivision access to Hwy 392. In accordance with Weld County
Public Works Department, the developer will construct the road with three inches of asphalt over
six inches of base. The traffic study prepared for the change of zone application determined that
Eagle View Farms will add 18 morning peak hour trips, 24 afternoon peak hour trips, and 230
trips per day with full build out and occupancy. These trips are minor and can be easily
managed, as stated in the traffic study prepared by Gene Coppola, P.E., dated September 2005.
Final Plat Compliance: We have entered into an Off-Site improvements agreement with
Public Works. See attached agreement.
Section 27-6-50 Component Two—service provision impacts
1. Schools
2. Law enforcement
3. Fire protection
4. Ambulance
Service providers for this PUD include Weld School District RE-2, Weld County law
enforcement, and the Eaton Fire Protection District. In cooperation with Weld School District
RE-2, a school bus turn-out will be created along WCR 35. Applicable school impact fees will
be paid before the final plat is recorded.
Through Weld County's referral process, the property owner will work with the special districts
to address the specific needs of the entire community.
Final Plat Compliance: We have met the requirements of the Weld County Sheriff's Dept
& the Eaton Fire Protection District. We have met the requirement of the School Districts
Bus Turn-Out and will pay the Cash in Lieu fees upon the Final Plat approval and before
recording.
5. Transportation (including circulation and roadways)
6. Traffic impact analysis by registered professional engineer
The internal roadway in the PUD is designed to meet the requirements of Chapter 24 of the Weld
County Code. Only one road access off WCR 35 is planned. In accordance with Weld County
street designs, the road will be constructed of three inches of asphalt over six inches of base, and
meet all emergency service requirements, as well as the Weld County Public Works standards
and regulations. It is the developer's intent to construct three cul-de-sacs extending from one
main street. The street design will measure a 65' right-of-way, and 50' roadway width. The cul-
de-sacs will also measure 65' rights-of-way and 50' roadway widths. The cul-de-sacs shall
incorporate landscaped islands within their centers. Existing ditch accesses are located on both
Hwy 392 and WCR 35. The only new subdivision access to be created will be centrally located
on CR 35. No additional road accesses will be created. No off-street parking areas have been
identified as the large lot sizes should provide adequate off-street parking needs for the
residential properties.
Final Plat Compliances: Road engineering has been included in our construction
documents.
7. Storm drainage
Storm drainage will be handled on-site. Drainage and soils reports have been submitted to
Public Works for review and approval.
Final Plat Compliance: Final Drainage Plan have been included in our application.
8. Utility provisions
9. Water provisions
10. Sewage disposal provisions
Utility providers will have the standard easement dimensions of 20 feet on the sides and rear lot
lines and a 15-foot perimeter easement. The drinking water source is through North Weld
County Water District. According to Section 27-2-176, A PUD Zone District shall be served by
an adequate sewage disposal system. All wastewater disposal within this development will be
utilizing individual septic systems. According to Weld County regulations, septic systems
comply with the definition of sewer systems, which is a requirement for urban scale development
as identified in Section 27-2-190. A public sewer source is not currently available to serve this
site. The 31 lot subdivision to the north and the 53 lot subdivision to the south are both served
by individual septic systems.
Final Plat Compliance: All utility easements have been noted on the Plat. Any revisions
required by the Utility Commission Board will be made at that time.
Section 27-6-60 Component Three—landscaping elements
1. Landscape plan
2. Treatment, buffering or screening and perimeter treatment
It is the developer's intent to provide 15% open space around the perimeter of the subdivision.
The perimeter landscaping will also include a trail system that weaves around the subdivision
and heads southerly towards Seeley Lake. Entry signage will be placed at the entrance of WCR
35. Individual landscaping on each lot will be determined and maintained by the lot owner,
subject to subdivision covenants and architectural guidelines and standards.
Final Plat Compliance: Landscaping and Entry Signage design have been included in
application.
3. Maintenance schedule for landscaping elements
4. On-site improvements agreement
S. Evidence of adequate water
The homeowners association will conduct the maintenance of all landscape improvements
within common areas. All plant materials and trail systems will be maintained in a healthy state
and any dead or dying plant material will be replaced at the earliest planting time possible. All
plant species selected should be drought tolerant and should require minimal water usage.
Landscape species should also be selected to adapt to the soil conditions of the site.
Final Plat Compliance: Maintenance for Landscaping has been provided for in the Home
Owner's Association Covenants. All the landscaping species that have been chosen are
xeric. Landscaping will be irrigated by a tap that has been obtained from NWCWD and/or
a non-potable irrigation system.
Section 27-6-70 Component Four—site design
1. Unique features
The topography of the subject parcel allows for sweeping views of the Rocky Mountain Front
Range. The arrangement of the lots maximizes view corridors. The Ogilvy Ditch Company has
a right-of-way for the existing inlet ditch that borders the subject parcel to the west. Also, the#2
Ditch has existing right-of-way bordering the property at the northeast corner.
2. PUD rezoning consistent with Chapter 22 of the Weld County Code
In accordance with Weld County's Comprehensive Plan, Section 22-2-60.C states, "Provide
mechanisms for the division of land which is agriculturally zoned. Options for division shall be
provided to ensure the continuation of agricultural production and accommodate low intensity
development. Urban-scale residential, commercial and industrial development will be
discouraged in areas where adequate services and infrastructure are not currently or reasonably
obtainable." Since the planned smaller subdivision will lie between two existing urban-scale
county subdivisions, where adequate services are currently installed the planned subdivision will
be compatible with Weld County requirements and consistent with the Comprehensive Plan. In
addition, since the parcel is relatively small in comparison to the average farm size, the
residential uses will be fully compatible with the surrounding residential land uses.
22-2-60.C.2 "Availability of services such as electricity, telephone, water, natural gas, sewer,
sheriff and fire protection will determine the intensity of development allowed.
22-2-60.C.3.b, "Availability, location and accessibility to existing infrastructure and utilities.
22-2-60C.3.d, "Consideration of existing improvements or structures.
22-2-90.B "Locations where urban development can occur should be encouraged to develop as
urban."
Since the demand for services already exists and is provided within the general vicinity, the
additional subdivision will not create an undue burden on County resources by being located in a
remote location, but will enhance service time and abilities.
3. Compatibility within PUD zone district
4. Compatibility with surrounding land uses
The applicant has carefully considered the uses on-site, adjacent properties and the existing
agricultural use of the property. The subject parcel measures less than eighty acres, which is the
size parcels are encouraged to be to retain viable farming operations. According to Section 22-2-
70.A of the Weld County Comprehensive Plan, "Population and economic growth will create a
demand for conversion of land to urban uses. The urban development goals and policies are
designed to plan for this anticipated growth by directing urban uses to where urban services exist
or can be provided." As stated previously, due to the existing proximity of two urban-scale
subdivisions, adequate services are located in the vicinity.
All recorded plats will include the Weld County Right to Farm Covenant, and the bulk
requirements of the Estate Zone District will be followed. The applicant will adhere to the Estate
Zone District unless otherwise listed or noted in the change of zone application and/or covenants.
It is also important to realize this project will be served by public water. Therefore, the standard
minimum lot size served by public water is one (1) acre.
The property owner has agreed with the mineral interest leaseholder concerning the planned
location of any new wells on this site. Any new wells will be directionally bored offsite so as not
to affect the layout of the planned subdivision. There are no existing oil & gas wells located on
the subject parcel. This site plan will comply with Weld County's regulations for oil and gas
setbacks. There is an existing oil well located adjacent to the southern property line, so planned
Lots 20 & 21 will be required to comply with setback requirements for such structure.
Final Plat Compliance: The 24 lot PUD was found to be compatible to surrounding
development and was approved for change of zone. Change of Zone Plat has been
approved and recorded.
5. Overlay districts
The site is not located within any overlay districts, including airport or flood.
Section 27-6-80 Component Five—common open space usage
The common open space within this subdivision are designed and planned to be consistent with
the requirements of Section 27-6-80 of the Weld County Code.
1. Permanent common open space restrictions
2. Establishment of homeowners organization
3. Mandatory membership in homeowners organization
4. Homeowners organization responsibilities
5. Homeowners organization powers
6. Ownership and maintenance of common open space
7. 15% common open space allocation
It is the plan of the developer to locate the 15% open space around the perimeter of the
subdivision. The purpose of this landscape buffer provides the opportunity to construct a
recreational trail that meanders around the subdivision and may provide a future connection with
the homeowners in the Sonny View Estates Subdivision, as well as buffering the residential
properties from traffic concerns along Hwy 392 and WCR 35. There are no public parks,
schools or similar uses required or planned to be dedicated with this development. A
homeowner's association will maintain the perimeter buffers, and covenants will be created for
.— the subdivision.
Final Plat Compliance: All Landscape requirements have been met. Please refer to
Landscape Plan. A HOA has been established and will registered with the Colorado
Secretary of State after final plat approval and before recording. Covenants have been
developed and will be recorded at the time of final plat recording.
Section 27-6-90 Component Six—signage
All signage within this PUD will comply with the sign standards set forth in Section 27-6-90 and
Division 6, Article II, Chapter 19 of the Weld County Code. A monument sign will be designed
and installed for the subdivision entrance located off WCR 35.
Final Plat Compliance: Monument sign has been designed and is included in the
application.
Section 27-6-100 Component Seven —MUD impact
This component is not applicable to the subject parcel since this proposal is not located within
the Mixed Use Development Boundary as identified by Weld County.
Section 27-6-110 Component Eight—intergovernmental agreement impacts
This component is not applicable to the subject parcel since Weld County and the City of
Greeley have not entered into an intergovernmental agreement regarding urban growth
boundaries. However, this site is located with within what the City of Greeley identifies as their
Long Range Expected Growth Area, which is expected to build out by the year 2020. This
property is located outside Greeley's Mid-Range Expected Service Area. The City of Greeley
does not allow a parcel to develop if it is not located within the Mid-Range Expected Service
Area.
Response to Resolution Conditions
A. The applicant shall submit an Improvements Agreement According to Policy
Regarding Collateral for(on-site) Improvements.
Improvements agreement included
B. The applicant shall submit draft of Covenants for review by County staff.
The covenants are included in the application.
C. The Cache La Poudre Irrigation Company has asked to review the landscaping,
fence, and trail design along the Greeley#2 Canal.
Sign off document included
D. The applicant shall submit written evidence that the Ogilvy Ditch Company has
reviewed the Landscape Plan.
Sign off document included
E. The applicant shall submit a detailed Landscape/Screening Plan, which includes a
perimeter treatment,to ensure that buffering and screening is provided.
Landscape Plan included
F. All copies of the Final Plan application shall include a copy of the preliminary
street name and addresses.
Street names and addresses included
G. The final plat shall include details on the bus turnout and future bus turnout to
ensure requirements of the Eaton School District have been met.
Bus turnout and future bus turnout are on plat. Cash in Lieu will be paid upon
approval offinal plat.
H. The applicant shall include evidence in the Final Plan application that the
appropriate postal district has reviewed the preliminary addressing and interior
street name.
Greeley Post Office has approved addresses and Mailbox Location.
I. The applicant shall submit evidence that the gated access has been approved by
all emergency service providers.
Gated access has been approved by the Eaton Fire Protection District.
J. Easements shall be shown on the final plat in accordance with section 24-7-60 of
the Weld County Code and Utilities Coordinating Advisory Committee
recommendation.
Easements are shown on plat and will be modified according to the Utilities
Advisory Committee recommendations.
K. Intersection sight distance triangles at the development entrance will be required.
Sight distance triangles have been included on construction drawings.
L. Provide Public Works with stamped, signed, and dated final plat drawings. And
roadway/construction and grading plan drawings.
Stamped and signed construction drawings included.
M. Stop signs and street name signs will be required at all intersections and shown as
a signing plan on final roadway plans.
Signing and striping plan is included in the construction plans.
N. Final drainage report stamped, signed, and dated by a professional engineer
licensed in the state of Colorado.
Final Drainage Report attached
O. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage.
Typical lot grading has been included in the construction plans.
P. Final drainage construction and erosion control plans.
Final drainage construction and erosion control plans are
included in Drainage Report.
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Publb Works
111 H Street,P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
Road File #: Date:
RE# : Other Case#:
1. Applbant Name PO VI' 91 u-C Phone A105Sio—lolorn
Address 324L, Ct&n t1tItE1,y 2I rr r y City G stateCCC z1 o3)
2. Address or Location of Access r 1C4lVJ ;612 4 We E 3r?
Section .Z Township 01Da Rangey<(p1W Subdivisbn Block Lot
A I
Weld County Road#: 3 '7 W Side of Road 7i7 Distance from nearest intersection I 0U
3. Is there an existing access to the property? Yes No X # of Accesses
4. Proposed Use:
❑ Permanent U. Residential/Agricultural ❑ Industrial
,❑ Temporary Subdivbion ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural ' Ch+1/4t_ jj,JlOMh/#W3SZ
RES - = Residential
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08G = Oil&Gas
D.R. = Ditch Road
0 = House SITE-
O = Shed !
•
A =Proposed Access kn 4
A = Existng Access AG 'e 1=�
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OFFICE USE ONLY:
Road ADT
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
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Ketones Companies, LLP
55 South Elm Avenue Suite 200
Eaton Colorado 80615
Fax 888.595.925+
w.keGnes o.c
KEIRNES'"
May 24, 2006
Ogilvy Irrigating and Land Company
c/o Stow Witwer
822 7`h Street, Suite 760
Greeley, CO 80631
Re: Landscaping Plan for Eagle View Farms PUD situated on
63 acres southwest of the intersection of WCR 35 and SH
392 in Weld County, Colorado.
To Whom It May Concern:
Please acknowledge your review and approval of the Landscape Plan dated May 23, 2006
for the above referenced development that borders the Seeley Lake inlet ditch, by signing
below.
Thank you very much.
Sincerel
rad Keirnes
Manager
Eagle View Farms, LLC
Ogilvy Irrigating and Land Company hereby acknowledges its approval of the
above referenced Landscape Plan this 25th day of Nay , 2006, by:
Signed: C•LJdp-e%/1-e'-4/
Name: Ogilvy Irrigating and Land Company
Title: PiteALLelleivtit
1 111111 11111 11111 11 111111 111111 11111 11111111 1111 1111
3375676 04/03/2006 01:34P Weld County, CO
1 of 7 R 36.00 D 0.00 Steve Moreno Clerk 8 Recorder
676 AGREEMENT GRANTING TO THE NEW CACHE LA POUDRE
IRRIGATING COMPANY A PERPETUAL RIGHT-OF-WAY FOR
THE USE AND MAINTENANCE OF A DITCH UPON THE
PROPERTY OF RIDGEVIEW FARMS,LLC
THIS AGREEMENT is made and entered into this 2nd day of December,2005,
by and between THE NEW CACHE LA POUDRE IRRIGATING COMPANY,
hereinafter referred to as"the Company"and RIDGEVIEW FARMS,LLC, a Colorado
limited liability company, hereinafter referred to as"the Developer".
WITNESSETH :
WHEREAS, the Company has an established right-of-way for the maintenance
and operation of an irrigation canal on the property of the Developer in the NE1/4 of
Section 23,Township 6 North,Range 66 West of the 6th P.M.,Weld County,Colorado;
and
WHEREAS, the Company desires to identify and plat in conjunction with the
Developer the perpetual right-of-way(hereinafter referred to as"Right-of-way")for the
use and maintenance of the aforesaid irrigation canal for the benefit of the Company's
shareholders;and
WHEREAS,the Developer is pursuing the development of a 24 Lot Residential
PUD (hereinafter referred to as"the PUD")on the property of Developer which shall
incorporate perimeter open space for aesthetic,recreational uses and utilities within the
Right-of-way;and
WHEREAS,by the terms hereof,the Company and the Developer desire to create
a perpetual right-of-way for the use and maintenance of the aforesaid irrigation canal and
for the use and maintenance of landscaping,fencing,open space, utilities and a recreation
trail within the Right-of-way.
NOW,THEREFORE,in exchange for the granting of this perpetual Right-of-way
and other agreements set forth herein, and for good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged,the Developer and the
Company agree as follows:
1. PREAMBLE. The Parties acknowledge that the recitals of fact set forth
above are correct,and they hereby incorporate the preamble into the body of this
Agreement.
111111111111 !111111111111111111111 VIII III IIIII ��F ill!
3375676 04/03/2006 01:34P Weld County, CO
2 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder
2. GRANT OF PERPETUAL RIGHT-OF-WAY. The Developer hereby grants
to the Company a perpetual non-exclusive Right-of-way seventy—five feet (75') wide for
the use and maintenance of the aforesaid irrigation canal as identified on"Exhibit A". It
is understood and agreed that this grant of perpetual Right-of-way and the provisions of
this Agreement shall be contingent and effective upon the full and final approval by Weld
County of Developer's PUD application and the final plat thereof.
3. DESCRIPTION OF RIGHT-OF-WAY. The Right-of-way granted hereby
shall perpetually afford the Company the right of ingress and egress over and across the
Right-of-way for the purpose of constructing,operating and maintaining an irrigation
canal and such other uses not reserved by Developer. It is understood and agreed as a
condition thereof that Developer shall reserve unto itself and its heirs, successors,assigns
and grantees all rights,title and interests to and for the following uses within said Right-
of-way:
a. Installation,maintenance of landscaping,fencing and a perimeter recreation trail
within the south twenty feet(20')of the Right-of-way.
b. Installation and maintenance of utilities and pipelines within the north ten(10)
feet of the south thirty feet(30')of the Right-of-way.
c. Permitted uses will be limited to walking,jogging,bicycling and other similar
non-motorized uses.No motorized vehicles will be allowed except for
management,patrol and maintenance purposes.
d. The public will be prohibited from entering the canal cross-section at all times,
and no fishing,swimming,wading,tubing,rafting,boating or any other water
activity will be allowed in the canal. The cross-section of the canal for the
purposes of this agreement shall be described as the inverted portion of the canal,
being the bottom of the canal and the two interior banks of the canal.
e. No camping or campfires will be allowed on the Right-of-way.
f. No hunting,firearms,weapon or explosives will be allowed on the Right-of-way.
g. No littering or dumping of trash will be allowed on the Right-of-way.
h. No alcoholic beverages will be allowed on the Right-of-way.
i. Domestic animals shall be permitted on the recreational trail, subject to the
applicable county ordinances and any other applicable regulations or reat,ictions.
Domestic animals will not be permitted to enter the canal cross-section at any
time.
2
1 111111 11111 11111 11111 111111 111111 11111 111I NI111111111
3375676 04/03/2006 01:34P Weld County, CO
3 of 7 R 36.00 0 0.00 Steve Moreno Clerk& Recorder
The enforcement of the ordinances with regard to the recreational trail shall be the
responsibility of the Developer,and by the terms of this Agreement,the Developer agrees
to make reasonable efforts in the performance of this responsibility.
The parties agree that nothing herein shall prevent them from subsequently agreeing to
additional terms and conditions concerning the use of the perpetual Right-of-way, as they
may deem appropriate.
The Right-of-way granted hereby shall be measured from the centerline of the
Company's canal to a line seventy-five feet(75') south and west of the centerline of said
canal within which Developer shall have the right to construct,operate and maintain a
recreational trail within the south twenty feet(20')of the Right-of-way.
In conjunction with this grant of perpetual Right-of-way,the Developer shall have the
right to enter upon the Right-of-way for the purposes of constructing and thereafter
reconstructing, locating or maintaining landscaping,fencing,utilities and the recreational
trail contemplated by this Agreement.Upon the completion of any construction,
reconstruction or maintenance, the Developer shall return the property as near as
practicable to its original condition,taking into consideration the nature of the work
performed.
Likewise,the Company shall have the right to enter upon the Right-of-way for the
purposes of constructing and thereafter reconstructing, locating or maintaining its
irrigation canal.Upon the completion of any construction,reconstruction or maintenance
thereof,the Company shall return the property as near as practicable to its original
condition,taking into consideration the nature of the work performed.
4. PROPOSED DEVELOPMENT OF RECREATIONAL TRAIL. Whenever
the Developer proposes to construct the landscaping, fencing,utilities and the
recreational trail, or any portion thereof,as contemplated by this Agreement,it shall
provide to the Company a description of said landscaping, fencing and trail for the
approval of the Company which approval shall not be unreasonably withheld,
conditioned or delayed.
5. IMPROVEMENTS,SIGNAGE. GATES AND FENCES ENCOMPASSED
WITHIN THE RIGHT-OF-WAY. The Company agrees not to erect or construct any
building or other structure,drill or operate any well,or otherwise construct any
obstruction in the Right-of-way. Likewise, the Company shall not deposit or permit or
allow to be deposited any earth,rubbish,debris or any other substance or material in the
Right-of-way which would affect the Developer's right to maintain and operate the
recreational trail,except on a strictly temporary basis.
3
111111111111111111111 HIE 111111 Uhl lf1
3375676 04)03/2006 D1:34P Weld County, CO
4 of 7 R 36.00 0 0.00 Steve Moreno Clerk& Recorder
The Company agrees that the Developer shall have the right to install, maintain and use
gates and fences on or abutting the Right-of-way and to place signs for public
information and safety upon the Right-of-way. The Developer agrees that such gates,
fences, signs or any other improvements installed in accordance with this Agreement
shall not interfere with the Company's use, maintenance, repair or replacement of the
canal, nor its right of ingress and egress. Further, no such improvements by the
Developer shall interfere with the Company's ability to go upon the canal's right-of-way
without interference or obstruction. The Developer further agrees that signage shall be
constructed to generally inform the users of the recreation trail and of the limitations
thereon and the dangers associated therewith.
6. THE COMPANY'S RIGHT TO CONTINUED OPERATION OF THE
CANAL. Notwithstanding the existence of reservation reserved by the Developer,the
Company, as it may deem appropriate, shall have the right to use,operate,maintain,
repair,replace and improve the canal and any and all structures associated with it,
including the addition of structures. In this regard, the Company will take reasonable
steps to avoid or minimize adverse impacts upon the Developer's property or its ability to
utilize the Right-of-way. The Developer shall bear or reimburse the Company for any
actual out of pocket maintenance costs reasonably incurred by the Company resulting
from the Developer's development and/or use of the Easement.
7. TRAIL AND RIGHT-OF-WAY MAINTENANCE. The Developer agrees
that it shall be responsible for all maintenance of the landscaping,fencing,utilities and
trail and the full width of the Right-of-way except for the cross-section of the canal itself.
The Developer shall be responsible for vegetation control and the removal of trash,
rubbish and debris for the full width of the Right-of-way.With the specific exception of
vegetation control and the removal of trash,rubbish or debris as aforesaid,the Company
shall continue to maintain the canal cross-section.The Developer's control of vegetation
shall not employ any method that would cause the water delivered by the canal to be
unsuitable for the uses of the Company's shareholders.
The Developer's operation and maintenance of the landscaping,fencing,utilities and
recreation trail shall not unreasonably interfere with the Company's continued use and
maintenance of its canal,nor shall the Company's continued use and maintenance of its
canal unreasonably interfere with the Developer's operation and maintenance of the
landscaping,fencing and recreational trail. Specifically,the operation,maintenance and
existence of the landscaping,fencing and recreation trail and the provisions of the
Agreement shall not in any way interfere with the flow of water in the canal or the
delivery of water by the Company.The Company may use its right-of-way for the use
and maintenance of its canal,including bringing machinery and vehicles onto such right-
of-way where necessary. The Developer acknowledges that the use of heavy equipment
by the Company may impact the recreational trail and associated amenities,and the
Developer agrees that to the extent reasonably possible, it shall design the recreational
trail to withstand the use of such equipment.Each party shall seek the advice and consent
of the other before entering projects which may have the potential of impacting the other
4
111111 IIII{ 1111111111 Hill 111111 1111 III lit Ell IIII
3375676 04/03/2006 01:34P Weld County, CO
5 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder
party's use of their property or exercise of the rights afforded hereunder or otherwise
existing.
8. INDEMNIFICATION. The Developer shall be liable for,and shall indemnify
and hold the Company, its officers, directors and employees harmless from all liabilities,
claims or demands that may be caused as a result of the construction,operation,
maintenance and use of the Right-of-way granted hereby,or by any wrongful or negligent
acts or omissions of the Developer or its agents or employees in the course of their
employment. In addition,the Developer agrees to indemnify the Company, its officers,
directors and employees,as to all costs and expenses related to defending such liabilities,
claims and demands made against the Company, its officers,directors and employees,or
any of them, by any other person or entity, whether or not any such liabilities,claims
and/or demands are groundless,frivolous,false or fraudulent..
9. RIGHT OF THE COMPANY TO LEASE OR SELL. Subject to the
provisions of the perpetual Right-of-way granted hereby and the terms and conditions of
this Agreement,nothing contained herein shall impair the right of the Company to sell,
lease,or otherwise manage its facilities.
10. RIGHT OF TERMINATION. Upon any substantial breach of any of the
provisions of this Agreement by one of the parties,the other party shall have the right to
terminate this Agreement or seek other remedies,including damages,subject to the
mandatory arbitration provision hereinafter set forth.The waiver by either party of any
default or breach of any term,covenant or condition of this Agreement shall not operate
as a waiver of any default or breach of any other term,covenant or condition,or
subsequent default or breach of the same.
11. MEDIATION AND ARBITRATION. In the event the Developer and the
Company cannot resolve issues that may arise from this Agreement,the parties agree that
any disputes shall be submitted to mediation by a mediator to be jointly selected and
equally paid for by,the parties. Should such mediation fail to resolve the issue,the parties
further agree that the mediator shall then be designated as an arbiter,with the power to
decide unresolved issues. The decision or decisions of the arbiter shall be final and
binding upon the parties. The fees and other expenses of arbitration shall be borne
equally by the parties unless the arbiter assesses all or a portion of the fees and costs
against either party.
Upon any arbitration decision finding a breach of contract which is subject to cure,the
arbiter shall determine a maximum number of days to effectuate such cure.
It is understood and agreed that any arbitration decision rendered pursuant to the
provisions of this paragraph may be filed by either party in a court of appropriate
jurisdiction and may be enforced as a judgment.
5
111111 11111 11111 I1111 111111 hill/11111 III 1111111 (Ili
3375676 04/03/2006 01:34P Weld County, CO
6 0l 7 R 36.00 0 0.00 Steve Moreno Clerk& Recorder
12. RUNNING OF BENEFITS AND BURDENS. The provisions of this
Agreement,including all benefits and burdens,shall be deemed to run with the land and
shall be binding upon and shall inure to the benefit of the successors and assigns of the
respective parties hereto, subject to the provisions hereof. The successors and assigns of
the Developer shall include future homeowners, homeowners associations,metropolitan
districts,or any entity having ownership of or within the PUD.
13. ASSIGNMENT. Neither party may assign or transfer all or any part of this
Agreement without the prior written consent of the non-assigning party,although such
consent shall not be unreasonably withheld,conditioned or delayed.
14. NOTICE. Any notice, demand or request delivered by mail in accordance
with the provision of this Agreement shall be deemed given seventy-two(72)hours after
the same is deposited certified mail in any post office or postal box regularly maintained
by the United States Postal Service and addressed to the Company at Post Office Box
104,Lucerne,Colorado 80646,and to the Developer at 3246 Grand View Drive,Greeley,
Colorado 80631. In addition,notice may be personally delivered to the above addresses,
in which event notice shall be deemed given as of the time and date of delivery. Each
party may change the above address by providing written notice of such change to the
other party,provided that such addresses must be within the County of Weld, Colorado.
15. RECORDATION. It is understood and agreed that upon the execution of this
document by both parties and the full and final approval of Developer's PUD and the
final plat thereof,the Developer shall file it with the Weld County Clerk and Recorder
and made a part of the permanent records of Weld County, Colorado. A copy of the
document with recording information shall be provided to the Company by the
Developer.
16. APPLICABLE LAW. This Agreement shall be interpreted in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF,the parties hereto have signed this Agreement on the day and
year first above written.
a . ��� 'i• S,LLC
�L le onager
A11EST
THE NEW CACHE LA POUDRE
IRRIGATING COMPANY
By�
ATTEST genberg;Preside
�`^�-- -- �-_
e on Brunner, Secretary
6
| III] III§ 2IIII| III§ IIIIIIIIIIIIIII| IIII1
3375676 04/0 e 01:34P Weld County, CO
7 of 7 R 36.00 0 0.00 Steve Moreno c� k& Recorder
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KeIrnes Companies, LLP
55 South Elm Acenoc, Suite 200
Eaton. Colorado 80615
Fax 888575-925}
wn‘r.k sir ni,_Com
KEIRNES '
May 24, 2006
Don Magnuson
New Cache La Poudre Irrigating Company
P.O. Box 104
Lucerne, CO 80646
Re: Landscaping Plan for Eagle View Farms PUD situated on
63 acres southwest of the intersection of WCR 35 and SH
392 in Weld County, Colorado.
Dear Don::
Please acknowledge your review and approval of the Landscape Plan dated May 23, 2006
for the above referenced development that borders the No. 2 Irrigation Ditch, by signing
below.
Thank you very much.
Sincerely,
rad Keirnes
Manager
Eagle View Farms, LLC
New Cache La Poudre Irrigating Company hereby acknowledges its approval of
the above referenced LandscapePlan this ?t day of , 2006, by:
Atcf arnAtVet/ Attarlad
Signed: 9yr
Name: Zh cesok,
Title:
Eagle View Farms Fire Dept Requirements:
1) Approved Knox Box system for emergency access will be installed.
2) Entrance gate will have battery back up system in case of power outage.
3) 1000 GPM Fire Flow requirements have been met.
4) Cul-de-sacs have 50' turning radius.
5) Bus Turnout area meets Fire Dept. requirements
The Eaton Fire Protection District has reviewed the above requirements and are
satisfied with all requirements.
Eaton Fire Department Approval:
ka a ill l FIRE DEPARTMENT
PLAN REVIEW
Name (Printed): nn S kY, ,t fa me APPROVED
DATE 5-25_04,
Signature: k3X
it see ocliacinoa Pier
Title: fire PP IFk4;Dn .19ri );ci
Casseday Creative Designs, LLC r55 South Elm Avenue, Suite 210
_=9 Eaton, CO 80615
May 16, 2006
Eaton Fire Protection District
50 South Maple Avenue
Eaton, CO 80615
RE: Eagle View Farms
To Whom It May Concern:
This letter is to address our planned gated subdivision at Hwy 392 and WCR 35.
We will be installing a KNOX-BOX® Rapid Entry System at our site. We will use the
model that is preferred by your Fire Dept. The Gate will have a battery back up in
case of a power outage. The gate will remain open as long as the key switch
remains in the emergency position (the key can be removed in either position).
Please see enclosed drawing as to the location of the KNOX-BOX. Also, enclosed is
an email copy from Alan Overton of NWCWD stating that we will meet the 1000 gpm
requirement for water flow. The County would like you to acknowledge that you
have reviewed the bus turnout and the cul-de-sac radii and they meet your
specifications. Please let us know if you have any other concerns.
Sincerely,
Linda Hulse
Project Manager
Attachments: Gate Drawing
Casseday Creative Designs, LLC
Architecture — Planning — Environmental Compliance — Graphic design
(970) 454-8740 — (970) 454-8742fax
email:mhbw:C,s,edayereal:nenreig,...rarn — ranee.Ca<ne ayerrataneDesigrn.rnn,
...---....--- i
2006 AUTIRORIZJITION ORDER FORM
sKrF� Effective
WW-552-5iii9.623-ii7-23e1•Fax 623-687-2290•WWW.KN0XB0X.00M ". January 1, 2006
Section 1 BILLING INFORMATION - MUST MATCH CREDIT CARD INFORMATION IF USED.
C' •IY/NAME DATE ORDERED
- r -
_
STREET(NO P.O.BOXES) SUITE/BUILDING
CITY STATE ZIP CODE -
I _ _ -
&INTACT WA
-] Send this form with payment to:
PHONE NUMBER _ L P0.NUMBER(GOV.AGENCIES ONLY) KNOX COMPANY
_ _ 1601 W. Deer Valley Road,
- - - Phoenix, AZ 85027
ORDER WILL NOT BE PROCESSED Section 3 ORDER PRODUCT HERE
Section 2 Without Authorized Signature Quantity Part Number Amount
Total$
***************ALL FOR ADC 800 Total$
-
Eaton Fire Prot Dist
50 S MaE1e Ave Total$
Eaton, LO 80615-8100 ,
a rewired,'re$7.00
Shipping& Handling r wired $
� red item
Authorized fire Agency Signature and Date Print Name CIearty 1 lb. to 7 lbs. $7.00 Shipping and
FS-07-178-01-08 8 lbs.to 25 lbs. $17.00 Handling$ • --..,.-.
S - . : Cade 26 lbs.to 50 lbs. $30.00 Subtotal$
gin TANT NOTE-Knox Master Keys are provided to authorized fire departments 51 lbs.to 75 lbs. $40.00 M0
•
r re)IsterCd entitles on an as-reeded bass solely to! use.ith the Knox Rapid No St Ta
ystem. No other use of tie keys or treir associated Codes is authorized.Key +aW X"ox lei vote.
Sales Tax$
-odes associated with the Knox Master Keys and Ke'r.!ays remain the property of the 'fhsrlra'JltatraJJ•Ca"ada or
Reqd
lox Company and are maintained by the Knox Company in Phoenix. Arizona. For in Pre-payment
Llestions regarding this oak,.contact Knox at 300-552-5669 call lot Wes. Total$
PRE-PAYMENT INFORMATION REQUIRED USE PRICE LIST ON LAST PAGE
ID C1iedc or Money Order made payable to:KNOX COMPANY Federal 1.0.095-3617858
❑VISA ❑AMEX - -
—
❑MC CI DISC CARD NUMBER
EXP.DATE(MM/Ym-) Cardholder Signature
Section 4 INSTALLATION ADDRESS • REQUIRED BY FIRE DEPARTMENT Fire Department Approval
BtHLDING NAME(WHERE ITEM WILL BE INSTALLED)-PLEASE TYPE ADDITIONAL INSTALLATION ADDRESSES ON A SEPARATE SHEET(REQUIRED BY FIRE DEPT) Signature Required to
! Submaster Items
- - - - - - 0 Check here to Submaster
ADDRESS I
CITY _ he$7.00 per keyed Dan.
STATE ZIP CODEsrehmesier Authorized Fife Agency Signature
1 - - -
'0/N
Section 5 SHIP TO ADDRESS IS REQUIRED
SHIP TO CONTACT NAME RECD
COMPANY NAME
I
STREET ADDRESS(NO PO BOXES)
.-I- - -
I - _
C.
_ _ STATE ZIP CODE
E-MAIL ADDRESS _
- -
I I I I 11 I
KT-KBAUTH-O05a.A
0 Copyrghr-KNOX COMPANY 2005
K KNOX° Knox® Key Switch 3500 Series
Sewing Fee Departments Sate f,15
For Emergency Override
•
tft� `, Single Switch
! 1 Nledel3502
2-13/16' 2-t/4"D
` PLATE I CLFARANLE�
.,
FIRE DEPT
Highly reflective O
operation decal
Gated communities, apartment complexes, parking La Ufa NORMAL EMERGENCY
garages, pedestrian gates and industrial receiving areas Fire Department °PUATM OPEN
row imam AZ re.
are just a few applications of the Knox®electric override 3/4"diameter
key switch. It also controls emergency power system WY thick aluminum D _ ' 4-1/2'
mounting shutoff and can be ordered with single or dual key options plate th PLATE
gasket
for fire,EMS and law enforcement access. (gasket
not
shown) LK
Stainless steel -0----
Dust Cover w4tl -i
Features and Benefits hole for tamper / -
seal
• Single or dual key switch Mounting holes fit /
scandani eagle electric
• Fire or law enforcement identification labels match box(Ey ..)
One position,two position or momentary switch
• Face plate and lock cover ensure weather resistant Oral Switch 4518"
operation. Mental 3503 PLATE
FIRE POLICE
Electrical Data O O
Highly reflective `
• SWITCH:SPDT operation decal - i i ��Label color blue
label color red for NORMAL tummy NORMAL EMERGENCY for Police
oz's wnaa z o.w.•s MEWS a
• 7 A res.,4 A ind.,(sea level),28 VDC. Fire Department m„
NOTE:Labels also CI 1
• 7 A res.,2.5 A ind.,(50,000 ft.),28 VDC. available in yellow _ _
for Chid if and
• 7 A res.or ind., 115 VAC.,60 Hz. white for Security
• UL®and CSA listed:7 A,250 VAC. \
-o---I o—
• Temperature tolerance up to+180°F.
Mounting holes fit
standard double /44
electric
switch bar(esp.)
Knox®Rapid Entry System
The Knox Company manufacturers a complete line of high
security products including Knox-Box key box,key vaults, Ordering Specifications
cabinets,key seRckes,padlocks, locking FDC caps and Dimensions: Requires 2 1/4'recessed depth x 3/4'diameter
electroeic master key security systems. For more Switch: S.P.S.T;7A res,4A ind.,key removable two position.
information or technical assistance,please call Customer Mounting: Key switch is designed to be recess mounted.
Benda at 1-800-552-5669. PM: 3500 Series Knox Key Switch(mfr's cat.ID)
Mfrs Name: KNOX COMPANY
nor COMPANY•1601 W.Deer Wiley Road,Phoenix,A285O27• (800)552-5669 • (623)687-2300 • Fax(623)687-2299•Web:www.knoxbox.com • E-mail:infoCknoxbox.com
o copyright 2005.mac Conpa.y dt
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04/12/2006 13:29 9703537368 GREELEY DT PAGE 01/81
Apr 11 2006 11- 33NA A_ irnes Companies, LLP , 888. /5.8254 p. l
`r
Eagle View Parma' Developer: Brad Keirdes/Robb Caeeeday
Case*PZ-1090 Planner: Sheri Lockman
PT NE4 23.6.66
Zoned PUD/Estate
Proposed Addresses:
Lot 1 : 32805 Eagleview Drive Lot 19: 16872 Cattleman's Way
Lot 2 : 32801 Eagleview Drive Lot 20: 16786 Cattlemen's Way
Lot 3 : 32795 Eagleview Drive Lot 21: 16180 Cattleman's Way
Lot 4 : 32791 Eagleview Drive Lot 22: 16884 Cattleman's Way
Lot 5 : 32789 Eagleview Drive Lot 23: 16886 Cattleman's Way
Lot 6 :. 32785 Eagleview Drive Lot 24: 16890 Cattleman's Way
Lot? ; 32781 Eagleview Drive
Lot 8 : 32715 Eagleview Drive
Lot 9 : 32780 Eagleview Drive
Lot 10 : 32784 Eagleview Drive
Lot 11 : 32790 Eagleview Drive or 16789 Shepherd's Way
Lot 12 : 16785 Shepherd's Way
Lot 13 : 16780 Shepherd's Way
Lot 14 : 16786 Shepherd's Way
Lot 15 : 16790 Shepherd's Way or 32794 Eagleview Drive
Lot 16 : 32800 Eagleview Drive or 16889 Cattleman's Way
Lot 17 : 16885 Cattlelan's Wry
Lot 18 : 16879 Cattleman's Way
LOG COct O �' . data " (trlc ( S O
Post Master Approval: Pan/4,144i/ Date: 4(,-t2 O (p
•
a;yv _.hafaSS43
' IO
Poe n*Fox Nee Il p n &slot TM ► (t .-81rf•
► IS -117 e?-
EAGLE VIEW FARMS FAD
Case # PZ-1090 Developer: Brad Keirnes/Robb Cassaday
PT NE4 23-6-66 Planner: Sheri Lockman
ZONED PUD/ESTATE
NOT IN FLOOD PLAIN (0907C)
RIF Area #1
North Weld County Water District
Individual Septic Systems
Natural Gas Heat — Atmos Energy
Xcel Energy
Qwest
Weld RE-2
Eaton FPD
Greeley P.O.
24 Residential Lots w/9.7 acres Open Space
PRELIMINARY ADDRESSING - 4/5/06
Lot 1 32805 Eagle View Drive
•
Lot 2 32801 Eagle View Drive
Lot 3 32795 Eagle View Drive
Lot 4 32791 Eagle View Drive
Lot 5 32789 Eagle View Drive
Lot 6 32785 Eagle View Drive
Lot 7 32781 Eagle View Drive
Lot 8 32775 Eagle View Drive
Lot 9 32780 Eagle View Drive
Lot 10 32784 Eagle View Drive
Lot 11 32790 Eagle View Drive —or-
16789 Shepherd's Way
(depending on location of driveway)
Lot 12 16785 Shepherd's Way
Lot 13 16780 Shepherd's Way
' Lot 14 16786 Shepherd's Way
Lot 15 16790 Shepherd's Way —or-
32794 Eagle View Drive
• Lot 16 32800 Eagle View Drive —or-
16889 Cattleman's Way
Lot 17 16885 Cattleman's Way
Lot 18 16879 Cattleman's Way
Lot 19 16872 Cattleman's Way
Lot 20 16786 Cattleman's Way
Lot 21 16880 Cattleman's Way
Lot 22 16884 Cattleman's Way
Lot 23 16886 Cattleman's Way
Lot 24 16890 Cattleman's Way —or-
32804 Eagle View Drive
Lin Dodge, Building Technician
Weld County Building Department\
4/5/06
Colorado Secretary of State
Filed Date and Time: 04/17/2006 08:32 PM
Document processing fee Entity Id: 20041428202
If document is filed on paper $125.00
If document is filed electronically $ 25.00 Document number: 20061163071
Fees& forms/cover sheets
are subject to change.
To file electronically,access instructions
for this form/cover sheet and other
information or print copies of filed
documents,visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY
Articles of Amendment
filed pursuant to §7-90-301,et seq. and §7-80-209 of the Colorado Revised Statutes(C.R.S.)
ID number: 20041428202
1. Entity name: Ridgeview Farms, LLC
(If changing the name of the limited liability company,indicate
name BEFORE the name change)
2.New Entity name:
(if applicable) Eagle View Farms, LLC
3.Use of Restricted Words(if any of these
terms are contained in an entity name,true 0 "bank"or"trust"or any derivative thereof
name of an entity, trade name or trademark 0 "credit union" 0 "savings and loan"
stated in this document,mark the applicable 0 "insurance","casualty","mutual",or"surety"
box):
4.Other amendments, if any,are attached.
5. If the limited liability company's
period of duration as amended is
less than perpetual,state the date
on which the period of duration
expires:
(mm/dd/yyyy)
OR
If the limited liability company's period of duration as amended is perpetual,mark this box: ❑✓
6. (Optional) Delayed effective date:
(mm/dd/yyyy)
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents,and the organic statutes.
AMD_LLC Page 1 oft Rev. 11/15/2005
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state,whether or not such individual is named in the document as one who has caused it to be delivered.
7.Name(s)and address(es)of the
individual(s)causing the document
to be delivered for filing: Keirnes Brad
(Last) (First) (Middle) (Suffix)
55 South Elm Avenue, Suite 200
(Street name and number or Post Office Box information)
Eaton CO 80615
(City) (State) (Postal/Zip Code)
United States
(Province-if applicable) (Country-if not US)
(The document need not state the true name and address of more than one individual. However,if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing,mark this box ❑ and include an attachment stating the
name and address ofsuch individuals.)
Disclaimer:
This form,and any related instructions,are not intended to provide legal, business or tax advice,and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date,compliance with applicable law,as the same may be amended from
time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
AMD_LLC Page 2 oft Rev. 11/15/2005
.-. —.
Keirnes Companies, LIP
55 South Elm Avenue, Suite 200
Eaton, Colorado 80615
En 888 575 9254
w ww.k tunes.mm
KEIRNES'
May 26, 2006
Brad Mueller
Planner
Weld County Planning Services
918 10th Street
Greeley, CO 80631
Re: Eagle View Farms PUD Financing Arrangement
r'^ Dear Mr. Mueller:
As requested, funding necessary for the development of the above referenced project will
be provided from cash on hand and/or bank lines-of-credit maintained by Eagle View
Farms, LLC and its owner and affiliates.
Sincerely,
Brad Keirnes
Manager
Eagle View Farms, LLC
IMPROVEMENTS AGREEMENT AC CORDING TO
POLICY REGARDING COLLATERA L FOR IMPROVEM ENTS
(PRIVATE ROAD MAINTENAN CE)
THIS AGREEMENT,made and entered into this 15th day of May, 2006, by and between
the County of Weld, State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
and Eagle View Farms,LLC hereinafter called"Applicant"
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld,Colorado:
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as
Eagle View Farms has been submitted to the County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit
Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and
supporting
documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,
along
with a time schedule for completion,are listed in Exhibits"A"and"B"o f this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto promise,covenant and agree as follow s:
1.0 Engineering Services:Applicant shall furnish,at its own expense,all engineering services in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A,"which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado,and shall conform to the standards an d criteria established by the
County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and
profiles,estimates,construction supervision,and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract.Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 Rights-of-Way and Easements:Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
3.0 Construction:Applicant shall furnish and install,at its own expense,the Subdivision or Planned Unit
Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein
by reference, according to the construction schedule set out in Exhibit "B" which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect,or to require
testing and inspection of material and work at Applicant's expense. Any material or wort not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems,water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of
County Commissioners, at its option, may grant an extension of the time of completion shown on
Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result of all suits,actions or claims of every nature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgments
rendered against the County on account of any such suit,action or claim,together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets
within a Subdivision or Planned Unit Development may be approved by the County as public roads and will
be maintained and repaiied by a Homeowners Association or, in its absence, the owners of lots within the
Subdivision or Planned Unit Development.
6.1 If desired by the County,portions of street improvem ents may be placed in service when completed
according to the schedule shown on Exhibit"B," but such use and operation shall not constitute an
approval of said portions.
2
6.2 County may, at its option, issue building permits for construction on its for which street
improve ments detailed herein have been started but not completed as shown on Exhibit"B,"and may
continue to issue building permits so long as the progress o£work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the County; and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a S ubdivisiono r Planned Unit Development and
the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the
County Engineer inspect its streets and recommend thatthe Board ofCounty Commissioners partially
approve them. Not sooner than nine months after partial approval, the County Engineer shall,upon
request by the applicant, inspect the subject streets,and notify the applicant(s) of any deficiencies.
The County Engineer shall reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer fins that the streets are constructed
according to County standards,he o r she shall recommend full approval. Upon a receipt of a positive
unqualified recommendation from the County Engineer for approval of streets withinthe development,
the Board of County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent
(100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months
of the Final Plat approval. If acceptab le collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may
�-.. request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies and regulations.
The improvements shall be completed within one(I)year after the Final Plat approval(not one year
after acceptable collateral is submitted)unless the applicant(s) requests that this Agreement be
renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for
the remaining improvements are updated and collateral is provided in the amount of One-Hundred
percent(100%)of the value of the improvements remaining to be completed If improvements are not
completed and the agreement not renewed within these time frames,the County,at its discretion,may
make demand on all or a portion o fthe collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will place restrictions
on those portions of the property that are not covered by collateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the req uirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accord ance with Exhibits"A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the
total value of the improvements as set forth in Section 6.0 and Exhibits "A"and "B."
8.1.2 The LetterofCredit shall provide for paymentupon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
3
has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the
estimated costs of completing the uncompleted portions of the required improvements,based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit
shall be either the date of release by We Id County of the final fifteen percent(15%),or one
year from the date of Final Nat approval,whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty(60)days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral,an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current degree of development is sufficient to cover One-Hundred
percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County,then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent (100%)of the
cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and w ill not release any portion of such
funds without prior approval of the Weld County Board o f Commissioners.
4
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow
agent,upon request by the County,shall release any remaining es crowed funds to the C ounty.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deo osit made with the County equivalent to One-Hundred percent(100%)of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project ora portion of the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation(CD OT)Materials Manual.
9.3 "As built"plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and
.-- specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place
in accordance with the ap proved plans. The letter shall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval
of the streets by the County, the applicant(s) may request release of the collateral for the projector
portion of the project by the Board. This action will be taken at a regularly scheduled public meeting
of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible govemmental entity,special district
or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County
Commissioners.
10.0 Public Sites and Open Spaces: When the Board ofCounty Commissioners,pursuant to a rezoning,Subdivision
or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location
suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of
5
the following alternatives,or as specified in the Planned Unit Development(PUD)Plan, if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be
reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation
in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission of the required acreage as determined according to Chapter
24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the B oard and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives,
successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running
with the land herein described, and shall be binding upon the successors in ownership of said land.
6
IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on the day and year
first above written.
APPLICANT:
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of , 20 .
My Commission expires:
Notary Public
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
, Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
7
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development E 'e • Qvi �Q�(' rn
Filing
Location: 14 11.1 Y 39 a. °c W C Q 3
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Unit Estimated Construction
Costs, Cost
Site grading tr6,Isc. GY 1./ e
Street grading ✓ /DO,000. O
Street base // 000
Street paving SY 2.0022_,000,00
//,000 SY 11.00 !8'1.000.00
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds /0y,AS-00, O O
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply sad;,t....E. MWCaC .200, 70 0
Water Mains(includes bore) JSO
Fire hydrants $ PGL 3140 aci.X600
Survey and street monuments and boxes / 4 $ /d.so O
Street lighting
Street Names a aSO
Fencing requirements 7,5000
Landscaping 300, O 0 O
Park improvements
Road culvert Zp OO O
Grass lined swale /O 400
Telephone
Gas 3.000
Electric /0e• p00
/Oe, goo
Water transfer
SUB-TOTAL:
I. 3SR.2SO ,00
Engineering and Supervision Costs S Jo sit C0o .06
(Testing,inspection,as-built plans and work in addition to preliminary and finalplat;supervision of actual construction
by contractors) /`/ '1`M1 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 4/ 6 7R5a.00
The above improvements shall be constructed in accordance with all County requirements and specifications, and
8
The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
By:
Applicant
Applicant
Date: , 20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development Ie U ew ca.,r r-s u U, 0 .
Filing
Location: HvJY 39 a cc U3 c,Q 35
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within ' years from the date of approval of the fmal plat Construction
of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading ' rho icklet
Street base 1. w kS
Street paving ( wk
Curbs, gutters,and culverts
Sidewalk
Storm sewer facilities a l")r.S
Retention ponds -2 w t.S
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains .+J K.s
Fire hydrants
Survey and street monuments and boxes -i Ma
Street lighting
Street name signs I VAC-
Fencing
requirements a ma
Landscaping 3 Md
Park improvements
Road culvert
Grass lined swale I MD
Telephone R Me
Gas
? �o
Electric s Ma
Water Transfer
SUB-TOTAL:
.Sa ,aKc
10
conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By:
Applicant
Applicant
Title Date: 20
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
r
9
it
780 East Carden o rive. Windsor. CO BO S SO
Pltione: <97O) 674_0440 Pax: <970) 674-0443
BUDGETARY ESTIMATE
NOT FOR CONSTRUCTION
Date: April 2006
Re: Eagle View Farms
Greeley/Eaton, Colorado
ITEM Unit QUANTITY UNIT COST EXTENDED
Earthwork
Mobilization LS 1.0 $4,500.00 $4,500.00
Dust Control LS 1.0 $2,500.00 $2,500.00
Clear and Grub LS 1.0 $3,000.00 $3,000.00
Cut CY 50000.0 $1.00 $50,000.00
Fill CY 56000.0 $0.50
$20,200.00
Silt Fence
LF 6800.0 $1.50 $10,200.00
Vehicle Tracking CY 100.0
$18.00 $1,800.00
$100,000.00
Storm Sewer
24"RCP LF 1,000.00
18" RCP $40.00 $40,000.00
LF 250 $35.00 $8,750.00
Pond Outlet Structure EA 1 $6,800.00
Manhole EA $6,800.00
RipRap Spillway @ Pond $1,800.00 $5,400.00
EA 1 1 $6,500.00 $6,500.00
Weir Wall @ Pond EA 1 $5,500.00
Concrete Cutoff Walls @ Pond EA $5,500.00
Drop Structures 2 $450.00 $900.00
EA 6 $2,500.00 $15,000.00
RipRap Type"M" CY 200 $80.00
S $16,000.00
Subtotal:
$104,850.00
Streets
Subgrade Prep SY 11,000.00 $2.00
Composite Paving @ Local Streets(6.0" $22,000.00
Base/3.0"Asphalt) SY 11,000.00 $17.00 $187,000.00
Subtotal:
$209,000.00
Landscaping Landscaping LS 1.0 $300,000.00 $300,000.0
Subtotal: rr_JJ11
$300,000.0
Dry Utilities
Phone Utility LOT 24.0 $125.00 $3,000.00
Electric Utility LOT 24.0 $4,200.00 $100,800.00
Gas Utility(If Natural Gas Used) LOT 24.0 $2,500.00 $60,000.00
Subtotal: $163,800.00
Onsite Potable Water
8" PVC LF 3800.0 $25.00 $95,000.00
tirade I reatment(o) Borrow Ditch for
Fire Hydrant Assembly EA 8.0 $1,020.00 $8,160.00
8"Fittings EA 8.0 $350.00 $2,800.00
8" Plug EA 2.0 $195.00 $390.00
8" GTV Valve& Box EA 6.0 $900.00 $5,400.00
8" Lowerings @ Grade Conflicts EA 2.0 $3,000.00 $6,000.00
2" Blowoffs EA 2.0 $1,200.00 $2,400.00
3/4"Services EA 24.0 $650.00 $15,600.00
Subtotal:
$135,750.00
Fire Hydrants
Fire Hydrants assembly 1 EA i 8.01 $3,100.001 $24,800.001
Fence
Fence EA 1.0] $75,000.001 $75,000.001
Misc
Road Culvert EA $20,000.00
Grass Lined Swale EA $10,600.00
Survey&Street Monuments EA $12,500.00
Street Names EA $2,250.00
Misc Total $45,350.00
Grand Total $1,158,550.00
44it 6
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,..._...
WUDc
COLORADO
Z
Account: R1339186 Receipt Date: 03-MAY-2006 Print Date: 03-MAY-2006
Page: 1
Parcel Nb: 080523000017 Receipt No: 105704 TransNo: 5060503144809
der N and es tn�aetlo.,: t r tt L tcon.
RIDGEVIEW FARMS LLC
3246 GRANDVIEW DR
GREELEY CO 80631
j [ j!�4SA t i .
17879 NE4NE4.EXC THAT PT N OF#2 DITCH/N2SE4NE4/PT W 2NE4 E OF DITCH 23-6-66(1.50R2D)
�t �u SS C k --•• Lam a Net ,.e
AGRICULTURAL L 25,926 7,520 2005 0208 73.179 4.138 69.041
'fit t P I #et t$ Ufl(!
.DGEVIEW FARMS LLC Check N $519.18
sti as F'e ., f�a€id F ajd Ff l8i # P T E F�aad
2005 TAX Whole
519.18 0.00 0.00 0.00 519.18
apt Eta m e Qtk er L?�t r tal rl eF�'S 8 *tom Due
2005 519.18 0.00 0.00 519.18 519�18 0.00 .
BALANCE AS OF 05/03/2006 0.00
THANK YOU FOR YOUR PAYMENT
All payments made by check are subject to final bank clearance.
Weld County Treasurer
P.O. Box 458
Greeley, CO 80632
Report Date: 05/01/2006 04:13PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R1339186
ASSESSED TO:
RIDGEVIEW FARMS LLC
3246 GRANDVIEW DR
GREELEY, CO 80631
LEGAL DESCRIPTION:
17879 NE4NE4 EXC THAT PT N OF#2 DITCH/N2SE4NE4/PT W2NE4 E OF DITCH 23-6-66 (1.50R2D)
PARCEL: 080523000017 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 519.18 0.00 0.00 0.00 519.18
TOTAL TAXES 519.18
GRAND TOTAL DUE GOOD THROUGH 05/01/2006 519.18
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0208 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 17.900 134.60 AGRICULTUR 25,926 7,520
SCHOOL DIST RE2 31.503 236.90
NCW WATER 1.000 7.52 TOTAL 25,926 7,520
NWC WATER 0.000 0.00
EATON FIRE 9.000 67.68
AIMS JUNIOR COL 6.357 47.81
WELD LIBRARY 3.281 24.67
TAXES FOR 2005 69.041 519.18
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 BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
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
Weld County Treasurer
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all
property taxes; special assessments and prior tax liens attached to this (these) account(s).
Current year's taxes are due but not delinquent. J s/�/O
Signed: "CS7,O -e--14—O Date:___ i
AGREEMENT FOR IMPROVEMENTS FOR WCR 35
THIS AGREEMENT is made and entered into this 25th day of, May in the year 2006, by
and between Eagle View Farms, LLC hereinafter referred to as "Developer", with an address, 55
South Elm Avenue, Suite 200, Eaton, CO 80615, and the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred
to as "County," with offices located at 915 - 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for Eagle View Farms PUD,
hereinafter referred to as the "Development," and
WHEREAS, WCR 35, hereinafter referred to as the "Road", will require a north bound
left turn lane, hereinafter referred to as the "Improvements", in part, due to the increased traffic
generated by the Development, and
WHEREAS, the Road is used for access to the Development, and
WHEREAS, the Development, is responsible for 29 percent of the need for the
Improvements based on a proportion of the traffic projected to be generated by the Development
to the existing traffic on the Road, and
WHEREAS, the proportional costs of the Improvements attributable to the traffic
generated by the Development using the Road is estimated to be $5,250.00 based on the estimate
attached hereto as Exhibit A.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above to
the completion of the Improvements and final accounting by the County
and payment of all land development charges by the Developer stipulated
hereunder, or(10) ten years if the Improvements are not constructed.
2. OBLIGATIONS OF THE COUNTY
A. The Improvements shall be constructed, within (10) ten years of the date
first written above, at a current estimated cost of $17,950.00. The final
design shall be at the discretion of the County.
B. Final Design, construction, and maintenance of the Improvements shall be
the responsibility by the County.
C. The County must construct the Improvements within (10)ten years of the
date first written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in escrow or
remaining to be paid.
D. The County shall perform a final accounting once the Improvements are
complete and may collect from the escrow account (or from the developer
if the amount in the escrow is insufficient to satisfy developer s
obligation) up to 29 percent of the total cost of the Improvements, subject
to the limitations in paragraph 3.B. If additional traffic is generated prior
to constructing the Improvements, such that the percentage of traffic
generated by the development is less than 29 percent, the County shall
adjust the percentage charged to the developer proportionately. Any
amount which must be collected from the developer, which is not paid
within 45 days of final accounting, shall be assessed interest in the amount
of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. The Developer will provide payment by check. The escrow account shall
be set up according to Paragraph 4 herein.
B. The Developer shall not be released from this obligation unless the County
does not construct the Improvements within the time frame set forth in
paragraph 2.C. herein. In no event shall the Developer's obligation under
this Agreement exceed $5,205.50 subject to an inflationary adjustment to a
higher or lower figure from the 2nd quarter of 2006 to the year and quarter
in which the contemplated work is being performed based on the
"Colorado Construction Cost Index Report" as published by the Colorado
Department of Transportation.
4. ESCROW AGREEMENT, the terms of which will be subject to review by the
County that provides at least the following:
A. The cash in escrow when fully funded is to be $5,205.50.
B. The escrow agent guarantees that the escrowed funds will be disbursed
according to the terms of this agreement and will not release any portion
of the funds without prior written approval of the Weld County Board of
County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this Agreement shall be
an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No Breach of any term, provisions, or clause
of this Agreement shall be deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party hereto, or waiver of, a breach by any other
party, whether express or implied, shall not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither the County nor the Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described herein, make
warranties, either express or implied that the improvement work and/or
maintenance of these roads meet standards other than those generally required for
counties and cities of the size and type similar to the County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
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Date: April 2006
Re: Eagle View Farms
Greeley/Eaton, Colorado
Exhibit A
Streets(WCR 35/Hwy#392
Intersection)
Earthwork LS 1 $2,850.00 $2,850.00
Subgrade Prep LS 1 $1,000.00 $1,000.00
Composite Paving (8.0" Base/4.0"
Asphalt) SY 400 $24.00 $9,600.00
Reclamation LS 1 $2,250.00 $2,250.00
Traffic Control LS 1 $1,250.00 $1,250.00
Signs/Striping LS 1 $1,000.00 $1,000.00
Total: $17,950.00
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