HomeMy WebLinkAbout20063090 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SHILOH ESTATES, AMENDED
PLANNED UNIT DEVELOPMENT FINAL PLAN, AMPF #354 - JAMES AND CHERI
SCOTT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on May 10,2006,the Board of County Commissioners approved an Amended
Planned Unit Development Final Plan,AMPF#354,forJames and Cheri Scott,35236 Cornerstone
Way, Windsor, Colorado 80550, to subdivide Lot 7, Shiloh Estates, into 4 (four) lots, for a parcel
of land located on the following described real estate, to-wit:
Part of Section 4, Township 6 North, Range 67 West
of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and James and Cheri Scott, with terms and conditions
being as stated in said agreement, and
WHEREAS, the Board has been presented with check #1734 from Shiloh, Inc., in the
amount of$119,629.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said check as stated above, copies of which are attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld,State of Colorado, by and
through the Board of County Commissioners of Weld County, and James and Cheri Scott, be, and
hereby is, approved.
BE IT FURTHER RESOLVED that check #1734 from Shiloh, Inc., in the amount of
$119,629.00, be and hereby is, accepted.
2006-3090
CC- �jl�� A4 /� � � PL0952
/a- 7- e‘
IMPROVEMENTS AGREEMENT- JAMES AND CHERI SCOTT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 6th day of November, A.D., 2006.
Il,ai`BOARD WELD CO NTY COLORADO
COUNTY COMMISSIONERS
ATTEST: £ // , ,+�C 'l� �' ;
J .eile, C air
Weld County Clerk to the '4)c k.,,52-41`, 3' 4
1 ` '"‘ ', l' �:,, i►�
i
David E. Long, Pro-Tem
BY: lei 1 2
Deputy Jerk to tde Board 'El `, )-
Willi m H. Jerke
AP ED AST M: % & �u
Robe� V
7%ne y c�-�i
Glenn Vaad
Date of signature: ilk k
2006-3090
PL0952
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this6_1 day of A,m.,r/,e r
200,6 by and between the County of Weld, State of Colorado, acting through its Board of
County Commissioners, hereinafter called "County," and James H. Scott Jr. 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:
Shiloh Estates P.U.D., a Planned Unit Development (PUD) and a resubdivision of Lot 7, is
located in the Southeast Quarter (SE ''4) of Section 4, Township 6 North (T.6N.), Range 67 West
(R 67W), Sixth Principal Meridian, Weld County, Colorado.
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said
property,to be known as Shiloh Estates P.U.D, Re-Subdivision of Lot 7. 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" of 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 follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of the
Subdivision or Planned Unit Development improvements listed on Exhibit "A,"
which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision, and
the submission of necessary documents to the County.
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
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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.
12 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 work 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
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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 repaired 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 improvements may be placed
in service when completed according to the schedule shown on Exhibit
"B," but such use and operation shall not constitute an approval of said
portions.
6.2 County may, at its option, issue building permits for construction on lots
for which street improvements detailed herein have been started but not
completed as shown on Exhibit "B," and may continue to issue building
permits so long as the progress of work on the Subdivision or Planned
Unit Development improvements in that phase of the development 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 Subdivision or
Planned Unit Development and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that the County
Engineer inspect its streets and recommend that the Board of County
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 finds that the streets are constructed
according to County standards, he or she shall recommend full approval.
Upon a receipt of a positive unqualified recommendation from the
County Engineer for approval of streets within the development, the
Board of County Commissioners shall fully approve said streets as public
but with private pay.
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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 acceptable 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 (1) year after the Final Plat
approval (not one year after acceptable collateral is submitted) unless
the applicants) 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 O00%) 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 of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means
of designating filings of a Planned Unit Development Final 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 requirements for
a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance 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."
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8.1.2 The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not performed the obligations
specified in the Improvements Agreement and the issuer has
been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times
the unreleased portion of the Letter of Credit shall be equal to a
minimum of One-Hundred percent(100%)of the 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 Weld County of the final fifteen percent(15%), or one
year from the date of Final Plat 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%)
of 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
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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 will not release any portion of such funds
without prior approval of the Weld County Board of
Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or
financial institution.
8.3.4 If Weld County determines there is a default of the
Improvements Agreement, the escrow agent, upon request by the
County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business in
the State of Colorado in an amount equivalent to One-Hundred percent
(100%) of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent
(100%)of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Applicant must
present a Statement of Substantial Compliance from an Engineer registered in
Colorado that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the
following:
9.1 The Engineer or his representative has made regular on-site inspections
during the course of construction and the construction plans utilized are
the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per
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Colorado Department of Transportation Schedule for minimum materials
sampling, testing and inspections found in the Colorado Department of
Transportation(CDOT)Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting
release of collateral is submitted. The Engineer shall certify that the
project "as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received
prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility
by the appropriate utility company, special district or town for any
utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate if the 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 fmal
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 project or
portion of the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty
Collateral" in the amount of fifteen percent (15%) of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity, special
district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final
approval by the Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,
pursuant to a rezoning, Subdivision or Planned Unit Development, requires the
dedication, development and/or reservation of areas or sites other than
Subdivision or Planned Unit Development streets and utility easements of a
character, extent and location suitable for public use for parks, greenbelts or
schools, said actions shall be secured in accordance with one of the following
alternatives,or as specified in the Planned Unit Development(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,
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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 Board and the Applicant. The cash
collected shall be deposited in an escrow account to be expended for
parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the Applicant, and
upon recording by the County, shall be deemed a covenant running ring with the land
herein described, and shall be binding upon the successors in ownership of said
land.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
APPLICANT: 4 4. / Z
APPLICANT:
TITLE:
Subscribed and sworn to before me this 2 day of January ,2006.
1
My Commission expires: Anne C.Johnson A4 1'7-it' e-
Notary Public `„
,
fQ'
My Commission Eckel 9HC 5
Al TEST: BOARD OF COUNTY
CO ISSIOZSiii A h �� ,,i E f
WELD COUNTY COLORADO
s
Weld County Clerk to the Boar;186! _ \ kva
�, M. J. Geile ,Chair
BY:A. 4��1ti1 t , p ' J NOV 0 6 2006
Dep Clerk ip' f !1 4
the Board NUN
illirmsrsir-
APPROVED AS TO FORM:
otYnty Attorney
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EXHIBIT'A"
Name of Subdivision
or Planned Unit Development: Shiloh Estates P.U.D., Re-Subdivision of Lot 7
Filing: N/A
Location: SE quarter of Section 4, Township 6 N. Range 67W of the 6`h P.M.. Weld County,
Colorado
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
Costs Construction Cost
Site grading
Street grading 4756 CY Bid $7,000.00
Street base 457 CY Bid $15,500.00
Street paving 2184 Sq Yd $8.74 $19,088.00
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities(Pond Outlet Structure) 1 EA $1,200. $1,200.00
Detention ponds(EXCAVATION) 2179 CY Bid $4,200.00
Ditch Improvements(Along Cornerstone Ct) 1207 LF $3,500.00
Subsurface drainage(18"HDPE Pond Outlet 60 LF Bid $2,350.00
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water(METER PIT&CONNECTIONS)
Water Mains(6"PVC) 1182 LF $24.00 $28,368.00
Fire hydrants 1 EA $2,450 $2,450.00
Survey and street monuments and boxes $3,800.00
Street lighting
Street Names(STREET SIGN) 1 EA $150.00 $150.00
Fencing requirements
Landscaping
Park improvements
Road culverts(18"HDPE culverts w/riprap) 30 LF Bid $1,700.00
Grass lined swale(Along ComerstoneWay) 116 LF Bid $800.00
Telephone 1 LS Bid $2,400.00
Gas 1 LS Bid $4,036.00
Electric 1 LS Bid $21,087.00
Water transfer
SUB-TOTAL: $117,629.00
Engineering and Supervision Costs$ 2,000.00
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision
of actual construction by contractors)
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TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 119,629.00
The above improvements shall be constructed in accordance with all County requirements and
specifications, and conformance with this provision shall be determined solely by Weld County,
or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit
"B."
scant
Applicant
Date: / ,20 O.6.
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate
seal.)
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1341306151314/200.102000600.0026264 Weld County, CO
eve MorenoClerk& Recorder
EXHIBIT B"
Name of Subdivision
or Planned Unit Development: Shiloh Estates,P.U.D, Re-Subdivision of Lot 7
Filing: N/A
Location: SE quarter of Section 4, Township 6 N, Range 67W of the 6th P.M, Weld County.
Colorado
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 1 year from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Street din Summer-Autumn,2006
Street base Summer-Autumn,2006
Street paving Summer-Autumn,2006
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities Summer-Autumn,2006
Retention ponds Summer-Autumn,2006
Ditch improvements Summer-Autumn,2006
Subsurface drainage Summer-Autumn,2006
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains Summer-Autumn,2006
Fire hydrants Summer-Autumn,2006
Survey and street monuments and boxes Summer-Autumn,2006
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert Summer-Autumn,2006
Grass lined swale Summer-Autumn,2006
Telephone Summer-Autumn,2006
Gas Summer-Autumn,2006
Electric Summer-Autumn,2006
Water Transfer
SUB-TOTAL: Summer-Autumn,2006
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361 1/200602County
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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: ant,'-67:0411/
scant
Applicant
Date: /_ ,2006.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate
seal.)
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SHILOH,INC. B&7409-3070 1734
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3070 7409BI: L 20016524 L734 34
rit ,t; Memorandum
TO: Clerk to the Board Office
' Board of County Commissioners
C. DATE: November 1, 2006
COLORADO FROM: Brad Mueller
Department of Planning Services
RE: Acceptance of Collateral and Improvements
Agreement for AmPF-354 (Shiloh Estates)
The Department of Planning Services has received evidence of collateral for the Shiloh Estates,
First Amendment (Planning File AmPF-354), James & Cheri Scott, owners.
This collateral is in the form of a Cash Deposit(Option No. 5 from the Improvements Agreement)in
the amount of $119,629.00, covering items outlined in Exhibit A of the attached executed
Improvements Agreement plus the 15%guarantee required of the Agreement.
The Improvements Agreement and collateral have been reviewed by the Departments of Planning
Services and Public Works,as well as the County Attorney's Office,and it has been determined that
the amount of collateral is sufficient to cover the proposed improvements.
The Departments of Planning Services and Public Works recommend acceptance of this collateral
and the attached Improvements Agreement, and they request scheduling with the Board.
1
Weld County Planning Department
GREELEY OFFICE
4 FEBEG 2 2006
Arig MEMORANDUM RECEIVE
D
WIlDTO: Brad Mueller,Planning Department DATE: 1-February-2006
Q FROM: Jesse Hein, Public Worl�sartment
COLORADO SUBJECT: AmPF-0354 Shiloh Estates PUD (Amended Final Plat)
Weld County Public Works Department has reviewed this Amended Final Plat request. Comments made during this
phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the
remaining application process.
Comments
General Comments:
❑ This amended final plat of Shiloh Estates PUD proposes to divide Lot 7 into four parcels for single family homes.
❑ The Shiloh Estates PUD Subdivision is planned for up to 4 additional single-family residential building sites.
External Roadways:
❑ CR 72 is classified by the County as a collector road(adjacent to this development) and requires an 80-foot right-of-way. CR 72
is paved and maintained by the County in the vicinity of this development.
❑ This development will introduce approximately 38 additional vehicle trips per day to the off-site roadway system from the
proposed 4 residential homes.
❑ Based on the proposal of limited development and anticipated low transportation impact on surrounding roads, a traffic study is
currently not required.
Internal Roadways:
❑ Internal roads shall meet Weld County criteria for a PUD. The internal roadway right-of-way shall be sixty (60) feet in width
including cul-de-sacs with a sixty-five (65) foot radius, and dedicated to the public. The typical section of interior roadway shall
be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the final plat. The cul-de-sac edge of pavement radius shall
be fifty(50) feet. Stop signs and street name signs will be required at all intersections. The roadside drainage shall be contained
within the right-of-way.
❑ Cornerstone Court shall be labeled as 60' right-of-way.
❑ The general note describing Cornerstone Court maintenance by the Shiloh Estates PUD Homeowners Association shall be
referred to as 60' of right-of-way. The applicant intends to privately maintain the internal roadway.
❑ The development is urban-scale in design, which normally curb, gutter and sidewalk are required. Curb & gutter influence the
handling of stormwaters. The existing subdivision does not currently have curb, gutter and sidewalk. Public Works would
support a waiver from curb, gutter and sidewalk based on the existing structure of the PUD.
o The applicant must request a waiver for curb, gutter and sidewalk from the Board of County Commissioners.
❑ The applicant shall provide a pavement design prepared by a professional engineer along with the final plan submittal.
❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and / or Utility Board
recommendations.
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❑ Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be
less than 3'/s feet in height at maturity, and noted on the final roadway plans.
❑ The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway /construction & grading
plan drawings for review and approval. Construction details must be included.
❑ The applicant has submitted the Improvements Agreements According to Policy Regarding Collateral for Improvements. These
agreements have been accepted by Public Works. The agreement shall be approved by the Board of County Commissioners
(BOCC)prior to recording the final plat.
Drainne:
❑ The Drainage Design Considerations for Shiloh Estates PUD, Resubdivision of Lot 7, dated Janua , 2006 by Wohnrade Civil
Engineers, Inc. is satisfactory.
❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a
professional engineer licensed in the State of Colorado shall be submitted with the final plan application. \\
Recommendation
❑ The Public Works Department has no conflict with this Amended Final Plat.
The applicant shallraddress:the comments listed above at the'specific step of the review process stated. The review
process will contmucon1y when all appropriate elements have been submitted: Issues of concern must be resolved
witlrthe Public Works Department prior to any decision or.recording."
*PC: AmPF-0354 Shiloh Estates PUD (Amended Final Plat)
Email & Original: Planner: Brad Mueller
PC by Post: Applicant: Todd Hodges Design, LLC.
PC by Post: Engineer: Wohnrade Civil Engineers,Inc.
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