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Home My WebLink About20091631 a • �. �� PUD FINAL PLAT ��• ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-1085 APPLICANT: Twin View Estates, LLC, c/o Tetra Tech RMC, LLC ADDRESS: 1900 S. Sunset Street, Suite 1-F, Longmont, CO 80501 REQUEST: PUD Final Plat for nine (9) lots with (E) Estate uses and one (1) common open space outlot (10.95 acres), Twin View Estates PUD LEGAL: Lot B of RE-2953; Part of SW4 Section 5, T4N, R68W of the 6T" P.M., Weld County, CO LOCATION: East of and adjacent to County Road 3 and north of and adjacent to County Road 48 ACRES: 71.68 acres, more or less PARCEL#: 1061 0S 000036 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: � Weld County Zoning Compliance, referral received 8/16/06 � Weld County Department of Public Works, referral received 9/7/06 &9/13/06 � Weld County Department of Public Health and Environment, referral received 10/10/06 � Town of Johnstown, referral received 8/18/06 � Town of Berthoud, referral received 8/22/06 � Larimer County, referral received 9/11/06 � United Power, referral received April 19, 2005 � State of Colorado, Division of Wildlife, referral received 9/20/06 � State of Colorado, Colorado Geological Survey, referral received 9/12/06 � Weld County Building Inspection, referral received 10/4/06 The Department of Planning Services'staff has not received responses from: � Weld County Sheriff's Office � Weld County Attorney � Weld County Assessor Office � Weld County Ambulance Services � State of Colorado, Division of Water Resources � Big Thompson Soil Conservation District � Weld County School District RE-2J � Berthoud Fire Protection District 2009-1631 P� i�� PF-1085 Twin View Estates Page 1 � � �� W��C. ADMI�NISTRATIVE EVIEW COLORADO PLANNER: Michelle Martin CASE NUMBER: PF-1085 APPLICANT: Twin View Estates, LLC, c/o Tetra Tech RMC, LLC ADDRESS: 1900 S. Sunset Street, Suite 1-F, Longmont, CO 80501 REQUEST: PUD Final Plat for nine (9) lots with (E) Estate uses and one (1) common open space outlot (10.95 acres), Twin View Estates PUD LEGAL: Lot B of RE-2953; Part of SW4 Section 5, T4N, R68W of the 6T" P.M., Weld County, CO LOCATION: East of and adjacent to County Road 3 and north of and adjacent to County Road 48 ACRES: 71.68 acres, more or less PARCEL#: 1061 05 000036 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19. 22, 23, 24 and 26 of the Weld County Code. 1) Section 22-2-210.D.2, PUD Policy 4.2— A Planned Unit Development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the resident of the project and usable for open space and recreation. The applicant has included approximately 10.95 acres of open space which surrounds the residential lots, providing usable open space for the residents of the subdivision. No residences shall be built in these areas. 2) Section 22-3-50.8.1, P.Goa12 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by the Little Thompson Water District. Individual sewage disposal systems will handle the effluent flow. 3) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. PF-1085 Twin View Estates Page 2 � � B. Secfion 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article ll, Chapter 27 of the Weld County Code. An approved on-site Improvements Agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Final Plan application submittal. The applicant has chosen to adhere to the bulk requirements of the E (Estate)Zone District. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter-Governmental Agreement. The proposed development is located within the three mile referral area of the Town of Berthoud, Town of Johnstown, and Larimer County. The Towns of Berthoud and Johnstown and Larimer County indicated no conflicts with their interests. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article ll, Chapter 27 of the Weld County Code. The residential lots will be serviced by Little Thompson Water District. The Weld County Attorney's Office has indicated that the water agreement submitted by the applicant was adequate for the Change of Zone. The Weld County Department of Public Health and Environment has indicated in a referral response dated October 11, 2005 that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet ihe traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated the applicant will still need to address the drainage, site entrance, construction of the road, and the walking trail. The applicants have submitted a Private and Public Improvements Agreement According Policy Regarding Collateral for Improvements. Two finalized Improvements Agreements will be required for review and accepted by the Weld County Board of County Commissioners prior to recording the PUD plat. F. Section 27-7-40.C.6 — In ihe event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacify to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The Weld County Department of Public Works has requested the applicant enter into a road stabilization agreement for County Road 3. G. Section 27-7-40.C.7-- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Weld County Department of Public Works stated that a final drainage report and construction plans, conforming to the drainage report, shall be approved prior to recording final plat. H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide included in the application materials. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. PF-1045 Highland Farms Page 3 � � The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: � \ � The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Departments of Public Works and Planning Services) � The applicant shall submit to the Weld County Department of Planning Services a bid for the proposed landscaping listing all materials and labor costs as outlined in the Improvements Agreement. The applicant shall make the appropriate changes to the Improvements Agreements as stated by the Department of Public Works in their referral dated 9/13/06 and then resubmit copies of the Agreement for final approval by the Weld County Department of Public Works and the Weld County Department of Planning � Services. (Department of Planning Services) �' Y� ��, � � The applicant shall submit evidence that the Weld County Attomey's Office has reviewed �„� k t° � and approved the Restrictive Covenants and Home Owners Association Incorporetion �' � � paperwork for the Twin View Estate PUD. Any changes requested by the Weld County �"�� 'tr' v Attorney's Office and Planning Department shall be incorporated. (Department of n.'+ ` Planning Services) `D.� The applicant shall submit finalized copies and the appropriate fee ($6 for the first page � and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Twin View Estates in the Office of the Clerk and Recorder. (Department of Planning Services) � The applicant shall provide written evidence from all applicable service agencies including Berthoud Fire Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post Office to the Department of Planning Services indicating that the proposed street names are in compliance with their identification/naming protocol/addressing. (Department of Planning Services) � The applicant shall submit evidence to the Department of Planning Services that the Home Owners Association has been recorded with the Secretary of the State. (Department of Planning Services) iG�i The,applicant shall submit deeds to the Department of Planning Services for recording of the outlot and open space areas deeding them to Twin View Estates Home Owners Association. (Department of Planning Services) �� The applicant shall address the requirements (concerns) of Weld County Public Works Department, as stated in the referral responses dated 9/7/06 & 9/13/06. Evidence of their approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) � The applicant shall attempt to address the requirements (concerns) of the State of Colorado Geological Survey as stated in the referral response dated 9/9/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) � The applicant shall attempt to address the requirements (concerns) of the Division of Wildlife, as stated in the referral response dated 9/14/06. Evidence of such shall be submitted in PF-1085 Twin View Estates Page 4 � � writing to the Weld County Department of Planning Services. (Department of Planning Services) � The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) �.�+ The applicant shall address the requirements of Weld County School District RE-2J as stated in the referral response dated 8/16/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) � The applicant shall make the following changes to the covenants: � Page 18 Section 9.2 states guest houses are allowed on the lots. Because this use was not part of the PUD application this will need to be removed. � Page 18 Section 9.2 needs to include Section 23-3-440 of the Weld County Code � pertaining to gross floor area of the accessory buildings. Page 19 Section 9.6 needs to state in the last sentence that, no temporary structure shall be permitted, except as many be determined to be necessary during construction and as specifically authorized by the Design Review � Committee and Weld County Department of Planning and Building Inspection. Page 20 Section 9.10 the sings in the subdivision must adhere to the Article IV Division 2 Estate Zoning of the Weld County Code, with the exception of the � entrance sign. Page 22 Section 9.18 the restriction upon home occupations must adhere to the � Section 23-1-90 of the Weld County Code. Page 23 Section 9.19 the Animal units allowed must adhere to Sections 23-1-90 � and 23-3-440.H of the Weld County Code for Estate Zoning. Page 26 Section 9.24 needs to state all outdoor lighting must adhere to Section 23-3-440 of the Weld County Code. (Department of Planning Services) N. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) O. The Plat shall be amended to include the following: � All sheets of the plat shall be labeled PF-1085. (Department of Planning Services) �j' The Weld County's Right to Farm Statement shall be placed on the plat per Appendix 22-E of the Weld County Code. (Department of Planning Services) � The Plat be amended to incluAe only the following plat certificates: Appendix 26- P.1, Appendix 26-P.2, Appendix 26-P.3, and Appendix 26-P.6. (Department of Planning Services) � Both Mark Kross and Stephen Greenlee shall sign the plat as acting managers for Twin View Estates, LLC. (Department of Planning Services) (� County Road 3 is classified by the County as a local roadway, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of- way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way PF-1085 Twin View Estates Page 5 � � and the documents which created it along with any additional future right-of-way required. (Department of Public Works) � Improvements to County Road 3 are anticipated which will require additional � � right-of-way_ There is a major power transmission line immediately adjacent to County Road 3 on the west that precludes expansion on that side. 20' for future right-of-way, 50' from the center of County Road 3 (the west line of Section 5) shall be delineated on the plat. (Department of Public Works) � The Typical Road Cross Section shall be removed from the plat. (Department of ` Public Works) ,8j' On sheet 2 there is a solid line shown from the NW corner of Section 8 to the north line of Section 5 that is not labeled. The line should be removed or labeled and dimensioned. (Department of Public Works) / �)�� The entrance to the subdivision shall be reconfigured to address the concems of ' the Department of Public Works, School District, and Emergency responders. The applicant shall submit written evidence to the Weld County Department of Planning Services that the above agencies have reviewed and approved the new entrance configuration. (Department of Public Works and Planning) ,� The plat shall label the open space as a utility easement per the Utility Board hearing on 9/14/06. (Department of Planning Services) � The plat shall include a utility service block per section 27-9-40.6 of the Weld County Code. (Department of Planning Services) �-2� The plat shall delineate the following easement granted to the Consolidated Home Supply Ditch per Book 557 at Reception Number 1478663. (Department of Planning Services) 13f The plat shall address the concerns/requirements of the Weld County Department of Public Works as stated in their referral dated 9/13/06 and 9/7/06. (Department of Planning Services) 4) The approved sign and its location shall be delineated on the plat. (Department of Planning Services) ,�' Intersection sight distance triangles at the development entrance will be required � to be shown on the plat. All landscaping within the triangles must be less then 3 Yz feet in height a maturity. (Department of Public Works) 16k The applicant shall delineate the location of the mail kiosk, the student pick up � area, and light on the plat. (Department of Planning Services) � The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of nine (9) lots with (E) Estate uses and one (1)common open space outlot (10.95 acres). (Department of Planning Services) B. The Open Space Lot is non-buildable for residential structures or structures providing habitable space. (Department of Planning Services) C. Installation of utilities shall comply with Section 24-9-10 and 27-9-40 of the Weld County Code and the Utility Board conditions. (Department of Planning Services) PF-1085 Twin View Estates Page 6 � � D. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) E. Water service shall be provided by the Little Thompson Water District. (Department of Public Health and Environment) F. A Stormwater Discharge Permit may be required for a developmenUredevelopmenUconstruction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area. The applicant shall contact the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) G. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) H. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) I. If Land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Healih and Environment) J. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities along with the enforcement of covenants. (Department of Planning Services) K. The Home Owners Association shall be responsible for replacing all dead or dying plant material in the open space areas. (Department of Planning Services) L. Weld County's Right to Farm Statement as delineated on this plat shall be recognized at all times. (Department of Planning Services & Department of Public Health and Environment) M. Stop signs and street name signs will be required at all intersections. (Department of Planning Services) N. All signs including entrance signs shall require building permits. All signs shall adhere to Article IV Division 2 of the Weld County Code with the exception of the entrance sign which was approved by the BOCC to be a 40 foot square foot sign. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) O. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) PF-1085 Twin View Estates Page 7 � � P. A building permit application must be completed for each lot and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) Q. A plan review must be approved and a permit must be issued prior to the start of construction on any of the planned lots. (Department of Building Inspection) R. The new homes shall conform to the requirements of the 2003 International Building Code, 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) S. Prior to the release of building permit, the applicant shall submit evidence of approval from the Berthoud Fire Protection District to the Weld County Building Department. (Department of Building Inspection) T. Setback and offset distances shall be determined by the 2003 International Building Codes and Chapter 23 of the Weld County Code, (Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) U. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) V. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) W. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) X. The site shall maintain compliance with the Berthoud Fire Protection District at all times. (Department of Planning Services) Y. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Z. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) AA. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. PF-1085 Twin View Estates Page 8 � � AB. Section 27-8-80.A of the Weld County Code - Failure to Complv with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AC. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. AD. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Develooment Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. Date: October 4, 2006 Michelle Martin - Planner II PF-1085 Twin View Estates Page 9 � � Love/and Peaks, LLC May 29, 2009 22 99 Smallwood Dr Fart Collins, C0 Ms. Michelle Martin, Pla�ner II Weld County Department of Planning Services 4209 WCR 24 '/z Longmont, CO, 80504 RE: Loveland Peaks, LLC; PUD Final Plat for nine (9)lots with(E)Estate uses and one (1) common open space outlot(11.29 acres) in Weld County Dear Michelie: This response letter specifically addressed the remaining items from the E-mail correspondence that you sent on November 17, 2008. All remaining issues have been addressed as follows: Condition 1.A: The private improvements agreements totals have been reviewed and corrected copies have been submitted previously. The collateral in the form of a I.etter of Credit is hereby submitted. Condition 1.D: The final covenants are hereby submitted, and the recording fee is hereby paid. Condition 1.G: The final deeds aze hereby submitted, and the recording fee is hereby paid. Condition I.H: The Construction Plans have been updated to address the last comments from Public Works, and were previously submitted. Condition 1.L: The updated off-site improvement agreement from Public Works has been received and signed, and the associated Letter of Credit, with the agreed amount, is hereby submitted. The receipt from the school district was previously submitted. Finally, we are hereby submitting the signed and stamped Mylazs. We appreciate worldng with you on this project. ffyou have any comments or suggestions, please do not hesitate to contad us. Thanlc you for your time and input regarding this project. Sincerely, J� oe McCarth Manager, Loveland Peaks, LLC. • • Page 1 of 1 Michelle Martin From: Richard Hastings Sent: Tuesday, May O5, 2009 320 PM To: 'jay.mccarthy@comcast.nef Cc: David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi; Michelle Martin; Stephanie Arries; Josh Holbrook Subject: Twin View Estates (PF-1085)"Agreement For Improvements For WCR 3" Attachments: PF-1085 Twin View Estates PUD (Off-site road stabilization)5-5-09.doc Jay, Please find attached, the updated off-site agreement for Twin View Estates (PF-1085). Let me know if you have any questions or require further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 5/5/2009 � � � a MEMORANDUM � � � TO: Clerk to the Board W��. DATE: 4/30/2009 COLORADO FROM: Richard Hastings, Public Works Department SUBJECT: Agenda Item— Final Release of Collateral Stagecoach Partners(Spitfire Office Bld.)—(SPR-401) Request for Final Release of Collateral: The Department of Planning Services received a request from the applicant, Floyd Oliver, requesting a final inspection of the property in order to obtain the final release of collaYeral, at the conclusion of the one-yeaz warranty period. Weld Connty Public Works Deparhnent performed a site inspection on 4/13/09, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements (Private Road Maintenance) Document # 2007-1369, have been completed and are found to be acceptable. Weld Countv Collateral List: Oliver, Floyd and Katharine, (PL1898, 2007-1369) SPR#401 Imps. Agrmt. Private Road Maintenance; Irrevocable Letter of Credit#6022, Centennial Bank of the West, STAGECOACH PARTNERS Expires 03/28/08, auto extensiou unless 60 days notice $173,060.00 Partial Release 0S/14/08 (2008-1453) -149,469.50 Amended Letter of Credit-new balance $23,590.50 Recommendation: The Departments' of Public Works and Planning Services are recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of$23,590.50. Q\Documen[s and Settings\mmartin\Local Settings\Tempmary Internet Files\OLK88\SPR-401 S[agecoach-Spi[fire Bld Final Collatetal Release MEMO.doc � � AGREEMENT FOR IMPROVEMENTS FOR WCR 3 THIS AGREEMENT is made and entered into this day of, in the year 2009, by and between , hereinafter referred to as "Developer", with an address and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter refened to as "County," with offices located at 915 - lOth Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, the Developer has obtained approval for a Subdivision PUD Final Plat for 9 lots for Twin View Estates, hereinafter referred to as the "Development," and WHEREAS, WCR 3 (from WCR 48 to SH 60 , a distance of approximately one - mile, hereinafter referred to as the "Road", will need road stabilization and dust control, and paving hereinafter referred to as the "Improvements", in part, due to the increased traffic generated by the Development, and WHEREAS, the Road abuts a portion of Twin View Estates, all of the lots will need the Road for access to the Development, and WHEREAS, the Development, is responsible for a share 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 for the Road attributable to the traffic generated by the lots in the Development using the Road, is estimated to be Twenty-One Thousand Six Hundred and Fifry-One and no/100 Dollars ($21,651). NOW, THEREFORE, in consideration of the mutual promises and wvenants 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, or ten (10) years, whichever is first in rime. 2. OBLIGATIONS OF THE COUNTY A. The Improvements contemplated by this Agreement include dust control efforts and a road paving (stabilization) project. These Improvements shall be undertaken and/or constructed, within (10) ten years of the date first written above, at a current estimated cost of$21,651. The final design of Q`:Documents and Settings:mmanin'�.Local Set[ings�Temporary Intemet Files':OLK88\PF10851win View Eslates VUD(Off-sice road stabiliza�ion)5-5-09.doc Page 1 of 8 � � the road paving (stabilization) project shall be at the discretion of the County. B. Final design, construction, and maintenance of the Improvements shall be the responsibility of the County. C. The County must construct the Improvements within ten (10) years of the date first written above or County shall farfeit a11 rights to land deve]opment charges, which are the obligation of the Developer. D. The County shall perform a final accounting following completion of the Improvements and shall then be entitled to collect the amount owed by Developer from the Letter of Credit (or from Developer, if the amount in the Letter of Credit is insufficient to satisfy Developer's obligation). The amount owed by Developer shall be calculated as Developer's proportion of the total cost of the Improvements, as represented by Exhibit A "Cost Estimating for Offsite Improvements AgreemenY' and Exhibit B "Applicant's Proportional Share for Traffic Route". (Exhibits A and B and expressly incorporated and made a part of this Agreement.) If additional traffic is generated prior to constructing the Improvements, such that the percentage of traffic generated by the development is less than the proportion currently projected, the County shall adjust the percentage chazged to Developer proportionately. Any amount which must be collected from Developer, which is not paid within 45 days of final accounting, shall assessed interest in the amount of 8 percent per annum. E. If, during the term of this Agreement, County performs a paving project on Weld County Road 3, adjacent to Twin View Estates, all monies represented by Yhe Letter of Credit, plus any monies owed by Developer pursuant to the inflation adjustment factors discussed in Paragraph 3.A. shall be applied to said Weld County Road 3 paving project. 3. OBLIGATION OF THE DEVELOPER A. Developer shall not be released from this obligation unless County does not construct the Improvements within ten (10) years of the date of this Agreement. In no event shall Developer's obligation under this Agreement exceed $21,651 subject to an inflationary adjushnent to a higher or lower figure from the third (3`d) 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. B. Developer agrees to obtain and maintain a Letter of Credit in the amount of$21,651 for the term of this Agreement. If for any reason Developer is unable to maintain a Letter of Credit which meets the terms of this Q\Docamants and Settingslinmartin\Local Setti�gs\Tempornry Internet Files�OLK88\PF-1085 Twin View Es�ales PW(Off-site mad s�abilizafio�)5-5-09.doc Page 2 of 8 � � � Agreement as set forth in Paragraph 4, Developer shall establish an Escrow Account into which Developer shall deposit the amount of $21,651. Once established, the escrow account shall remain in place, and shall be governed by the terms of Paragraph 5. 4. LETTER OF CREDIT A. Developer shall provide collateral in the form of an Irrevocable Letter of Credit for the above described Improvements in the amount of$21,651. B. Upon the acceptance of this Agreement by County, Developer shall provide County with an Irrevocabie Letter of Credit in the amount of $21,651. The Irrevocable Letter of Credit shall be held by the Clerk to the Board of the Board of County Commissioners of Weld County, and shall, pursuant to the provisions of Weld Counry Code, Section 2-3-30, be subject to the following terms and condirions: L The irrevocable Letter of Credit shall be issued by a federal or state licensed financial institution on a form supplied by the County. 2. The letter of credit shall state at least the following: a. The letter of credit sball be in the amount of$21,651. b. The letter of credit shall provide for payment upon demand to County if Developer does not pay directly for the Improvements specified in this Improvements Agreement and the issuer has been notified of such non-payment. c. Developer may draw from the letter of credit to pay Developer's obligations under the terms of this Agreement. d. The issuer of the letter of credit shall guarantee that at all times ihe unreleased portion of the L,etter of Credit shall be equal to a minimum of one hundred percent (100%) of the estimated costs of completing any uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for the Improvements item exceed the cost estimate in the Improvements Agreement, subject however to the obligation of the Developer to pay costs increased by inflation. The issuer of the letter of credit shall sign the Improvements Agreement acknowledging this agreement and its cost estimates. f. The letter of credit shall specify that the date of proposed expiration of the letter of credit shall be ten years from the date of the issuance of the letter of credit. 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 C:\Documents and Settings':mmartin\Local Settings�Temporary Intcrnct Filcs�OLK68\PF-1085 Twin View Es�a�cs PUD(Off-site mad siabilization)5-5-09.doc Page 3 of 8 � � 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. 5. ESCROW A. Developer shall provide collateral and deposit the full amount into an Escrow Account for the above described Improvements in the amount of $21,651, only in the event that Developer is unable to maintain the L,etter of Credit described in Paragraphs 3 and 4 above. B Developer shall enter into an escrow agreement with County that provides at least the following: 1. The cash in escrow shall equal $21,651. 2. The escrow agent shall guarantee that the escrow 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 Board. 3. The escrow agent will be a federal or state licensed bank or financial institution. 4. The funds in the escrow account shall be used to pay the obligations of Developer under this Agreement, unless Developer pays such obligations directly. The escrow agent shall, upon request by County and Developer release any remaining escrow funds to County. 6. 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. 7. 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. 8. MODIFICATION AND BREACH This Agreement contains the entire agreement and understanding between the Ci�Documenis aud Settiugslmmanin\I.ocal Setti�gs\Temporary Intemet Piles\OLK88\PP-1085 Twin View F.stares PUD(Off-site road stabiliaation)5-5-09.doc Page 4 of 8 • � � parties to this Ageement and supersedes any other ageements 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. 9. NO WARRANTY. Neither County nor 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 wark and/or maintenance of these roads meet standards other than those generally required for counties and cities of the size and type similar to County. 10. BINDING This agreement shall be binding on the heirs, successors, and assigns of the parties. C9Documems and Settings�mmanin\Local Seufngs\Temporery Inlemet Files\OLK88\PF-1085 Twi�View Fsbcea PUD(OfF site road atebilization)5-5-09.doc Page 5 of 8 � � IN WITNESS WHEREOF the parties hereto have signed this Agreement this day of , 2009. BY: Developer ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William F. Garcia, Chairman BY: Weld County Clerk to the Board Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney C:\Documents a�d Se¢i�gsmmarti��Local Settings\Temporary Inrernet Files\OLK88�PF-1085 iWln View P.sdtea PUD(OfGsile road stabilization)5-5-09.doc Page 6 of R � � Cost Estimafing for Ofisite/mprovements Agreement 1 o-Ju1-2006 PAS Weld County Road 3 stabilization for one-mile beriveen CR 48&SH 60. Weld County Public Works Dept. Two 13-foot lanes=26-feet. one-mile estimate one-mile 32.2% Material Quantitv Units Cost ep r Unit Total Cost Percent Cost Street Grading 2,542 yd^3 $3.00 yd^3 $7,626.00 $2,456.31 Street Base (Class 6) 2,542 yd^3 $15.00 yd^3 $38,130.00 $12,281.57 Chemical Stabilization 15,253 yd^2 $1.00 yd^2 $15,253.00 $4,912.95 (DC2000) Engineering &Supervision Costs (fixed) $2,000 $2,000.00 Grand Total = $63,009.00 $21,650.84 =%Total Estimate of Quantities Material Lenqth Width Deuth Area Area Volume Volume Weiuht feet feet feet ft^2 yd^2 fM3 yd^3 ton Street Grading 5,280 26 0.5 - - 68,640 2,542 - Class 6 5,280 26 0.5 - - 68,640 2,542 - Chemical 5,280 26 - 137,280 15,253 - - - ProportionalShare Aaqlicant(adt) Current(aadU Percentaqe Participation 86 181 32.2% C:�Dowme�ts and Settings�nmartin\Local Se�fi�glTemporary I�lernet Files\OLK88\PF-1085 Twiv View Estates PUD(Off�ite mad stabilization)5-5-09.doo Page 7 of 8 , • � � Applicanfs Pronortiona/Share for Tra�c Route CR 3 (between CR 48 &SH 601 $21,651 21,651 = Grand Total Applicant (for 9 Lots) OR $2,406 per Lot C:\Docomenta and Settings�mmartin\[.ocal Settfngs�Tempoary Imemet Files\OLK88\PF'-1085 7Win View Es�ates PUD(Off-site road stabilization)5-5-09.doc Page 8 of 8 � � Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Tuesday, May 05, 2009 1:08 PM To: 'Joe McCarthy; 'Jay McCarthy' Subject: PF-1085 HI Joe and Jay, I just wanted to check on the status of Twin View Estates Subdivision (PF-1085)and see if you had any questions for me. I know the May 29, 2009 deadline is quickly approaching. Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 Please tell us how we're doing: htro:l/www.c,o«eld.co.u�departnients plannin€,�com�m�ro��e connneuts,,c,fm, 5/5/2009 � � Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, November 17, 2008 2:50 PM To: 'Jay McCarthy'; 'Cozad, Julie' Cc: 'Joe McCarthy'; David Snyder; Clayton D. Kimmi Subject: PF-1085 Attachments: Twin View Estates (Final Plat)#5 11-13-08.pdf Hi Everyone, The Department of Public Works and the Planning Department has gone through the information submitted to date and the following items still need to be addressed. 1.A The private improvements agreement totals don't add up the sub-total should be $407,843 and the Total estimate should be$448,477. Once you make these changes submit copies and the collateral. 1.D Bring in the final covenants and the fee to be recorded with the mylars 1.G Bring in the final deeds and the recording fee with the mylars 1.H See attached memo from public works dated 11/13/08 =�b,,;f�•� '�/z�o`1 1.L the cash in lieu fee will need to be paid before you bring in the mylars �Jb�r•�<<� �JZ/v9 Let me know if you have any questions. �e� �h�N�a Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http:/lwww.co.weld.co,uslde�artmentslplanninqlco� im�rove comments.cfm 11/17/2008 � � Thompson School llistrict 800 S. Tal't Aae l.o��eland. CO 80537 97Q.6 f 3.�000 keceiat for Payment-in-Lieu-of Land Dedication Receipt is hereby ticknnwledged For ihe followin� paymenl. Legul Name ol'nevclopment: TW�n �/iHW �}��,fe5 �U � P F-/O$� Pr��perty rlddress(esl: �ot g a� R E 1Qdi-os-3 R E zVs3 0�rS4'�/'� $�- 4S- 6$� Ixgai llescription(BbcklLot): �N�� Coc�n��r G(� ---� High School Feeder System: ,��,��,-z/�Z�y� lleveloprr/Buwlder Rrsponsible for Paymenl: l-OVE �a.v�� PE'qKs , LLL'' Addrr�s uf lleveloper/tiuilder: 6�1 E. �qhmL�t/ (�� ' s�i� z U.�j Phunc: �or�t Cu(/�Y'ti� � U 15,vSL7 �1 7O -ZZ3- S 3S� Signa[ure of Person NlakinK Pa}ment: ll.J�'� � ��✓L Calcula►ion of Pavment , Cateaury A Cateeory B ,-� g ;+ Number of llwelling Units: - X X Payment per llwelling unit: 138?.00 946.00 SuUIoI�L• /z y�° G12AND 'I'0TAL: i�. �13 $ o0 P;i,1/my�u received as check#__ �C1� J HY= ' � �-� L Jurisdic/ion� � Uate: J�' �U (� � � ��takc eheek.p;irablc io: -'Ibom�snn tichnul Uistriei' Whitc-Thumpson School District 1'ellow- Jurisdiction Pink - Developer � � Twin View Estates (PF-1085) Cost Estimates: Twin View's Shares 3( 2.2%):(When and if required improvements to WCR 3lake place) Road Stabilization (At$45,000lmile) _ ($14,490.00)-for stabilization and an additional$3,500.00/year thereafter for maintenance till ferm-limit ends RAP (At$120,000/mile) _ ($38,640.00)-one time mst Paving (At$60Q000/mile) _ ($193,20090)-one time cos� Collateral Options: Collateral kept until improvemenis/maintenance are complete or until term-limit expires 1.Two Letters of Credit 1 st Letler of Credit for OmSi�e Improvements-Cosl=? 2nd Letter of Credit for combined Off-Site Impmvements-Cost=$239,790.00 a.2nd LOC cost breakdown: 1. $14,490.00-Stabilization 2. $31,500.00-9 years X$3,500.00 yeady maintenance 3. $193.200.00-Paving Total= $239,190 O0 Note:The 2nd LOC could be used/drewn upon,on a yearly 6asis,to cover the costs of impmvemenis that took place during that year. 2.Three Leners of Credil 1 st Letter of Credit for On-Site Improvements-Cost=T 2nd Letter af Credit for S�abiliza�ion OHSite Improvements-Cost=E45,990.00 a.2nd LOC cost breakdown: t. $14,490.00-Stabilization 2. $31 500.00-9 years X$3,500.00 yearly maintenance Total= $45,990.00 Noter The 2nd LOC coultl be used/drawn upon,on a yeatly basis,to cover the costs of impmvemenls that took place during that year. 3rd Letter of Credi�for Paving Off-Site Improvemen�s-Cost=$193,T00.00 3.Cash Payment One time up-front discounted cash payment based on a percentage of ihe possible estimated costs lisled above. The exact amouN would be delermined affer a mutual agreement is reached between Weld County and lhe OwnedDevelopedApplican�. • • Page 1 of 1 Michelle Martin From: Richard Hastings Sent: Thursday, April 02, 2009 7:55 AM To: Michelle Martin Cc: Stephanie Arries Subject: Twin View Estates Michelle, Sorry I won't be able to attend the meeting as we have our weekly staff meeting this p.m. and I'm off to Denver immediately after work today. I did speak with Stephanie yesterday and after our discussion, a new agreement might be in order and best that it be composed after Joe decides what collateral option he wishes to choose. This of course will impact your on-site that you have already signed by Joe. If Joe is adamant that we accept the old agreement with a choice of the new collateral options, then that might be the route we have to take. Let me know how the meeting goes. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 4/2/2009 •� •! Page 1 of 1 Michelle Martin From: Joe McCarthy [JoeGMcCarthy@yahoo.com] Sent: Friday, March 27, 2009 1:03 PM To: Richard Hastings Cc: David Snyder; Michelle Martin Subject: RE: Twin View Estates (PF-1085) "Agreements For Improvements For WCR 3" Rich, Thanks for the update, and I look forward to seeing it. We've talked with the bank holding the construction loan (who will provide the letter or letters of credit); we'll be ready to move with the info. — Joe McCarthy From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Friday, March 27, 2009 10:36 AM To: 'joegmccarthy@yahoo.com' Cc: David Snyder; Michelle Martin Subject: Twin View Estates (PF-1085) "Agreements For Improvements For WCR 3" Joe, Our Weld County Legal Department is reviewing the above-mentioned agreement and I should receive a reply, with current up to date cost estimates, sometime today. As soon as I receive this information I will forvvard it to you. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 3/30/2009 • • • • Page 1 of 2 Micheile Martin From: Richard Hastings Sent: Friday, March 27, 2009 4:23 PM To: 'joegmccarthy@yahoo.com' Cc: David Bauer; Wayne Howard; Don Dunker; Donald Carroll; David Snyder; Clayton D. Kimmi; Michelle Martin; Stephanie Arries Subject: Collateral Options for Twin View Estates (PF-1085)"Agreements For Improvements For WCR 3" Joe, Below are the most recent off-site cost estimates and collateral options related to Twin View Estates(PF-1085). Cost Estimates: Twin View's Shares (32.2%): (When and if required improvements to WCR 3 take place) Road Stabilization(At $45,000/mile) _ ($14,490.00� for stabilization and an additional $3,500.00/year thereafter for maintenance till term-limit ends RAP (At $120,000/mile) _ {$38 640.00) - one time cost Paving (At $600,000/mile) _ ($193.200.00) - one time cost Collateral Options: Collateral kept until improvements/maintenance are complefe or until term-limit expires 1. Two Letters of Credit 1 st Letter of Credit for On-Site Improvements - Cost = ? 2nd Letter of Credit for combined Off-Site Improvements - Cost = $239,190.00 a. 2nd LOC cost breakdown: 1. $14,490.00 - Stabilization 2. $31,500.00 - 9 years X $3,500.00 yearly maintenance 3. $193,200.00 - Paving Total = $239,190.00 Note: The 2nd LOC could be used/drawn upon, on a yearly basis, to cover the costs of improvements that took place during that year. 2. Three Letters of Credit 1 st Letter of Credit for On-Site Improvements - Cost = ? 2nd Letter of Credit for Stabilization Off-Site Improvements - Cost = $45,990.00 a. 2nd LOC cost breakdown: 1. $14,490.00 - Stabilization 2. $31 500.00 - 9 years X $3,500.00 yearly maintenance Total = $45, 990.00 Note: The 2nd LOC could be used/drawn upon, on a yearly basis, to cover the costs of improvements that took place during that year. 3/30/2009 • . • . • Page 2 of 2 3rd Letter of Credit for Paving Off-Site Improvements - Cost = $193,200.00 3. Cash Payment One time up-front discounted cash payment based on a percentage of the possible estimated costs listed above. The exact amount would be determined after a mutual agreement is reached between Weld County and the Owner/Developer/Applicant. These are current cost estimates. Inflationary adjustments and final traffic counts are part of the Off-site Agreement, which can either raise or lower the final proportional costs. Let me know if you have questions or if you require further information. The printed version of this email did not line-up as shown on the screen, but I assumed that you would like to review the information now, as opposed to next week when I could send a cleaner copy. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 3/30/2009 . � Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Thursday, March 19, 2009 9:37 AM To: 'Joe McCarthy' Cc: Jay McCarthy Subject: RE: PF-1085 Joe. Thanks for the emaiL Let me know if there is anything I can do to assist in completing this project by May 29, 2009. Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 � FAX: (720) 652-42]1 S: 7 � I t L �' ' ? Please tell us how we'�e doin Int� ��y_.�o t�c�1 co_u� �Ir�arim�ni. dunmp� c��m� im ro�� qn��n�nt*c:(y From: Joe McCarthy [mailto:joegmccarthy@yahoo.com] Sent: Thursday, March 19, 2009 9:22 AM To: Michelle Martin Cc: Jay McCarthy; ]oe McCarthy Subject: PF-1085 Michelle, In response to your email of March 10, I want to assure you that we fully intend to complete the Final Plat Recording. We plan to complete the process by May 29 (two months from now), and have every reason to believe - unforeseen events notwithstanding - that we can successfully complete the process by that date. We thank you for your assistance and diligence, and look forward to wrapping this up. Sincerely, �Joe McCarthy, Manager Loveland Peaks, LLC P.S. Please acknowledge receipt of this email, and whether it meets your needs regarding the notification for intent of completion. 3/19/2009 � � � Page 1 of 2 r Michelle Martin From: Cozad, Julie [Julie.Cozad@tetratech.com] Sent: Tuesday, March 10, 2009 3:55 PM To: Michelle Martin Cc: Jay McCarthy; 'Joe McCarthy'; Fowlkes, Cameron Subject: RE: PF-1085 Michelle, Tetra Tech received your e-mail back in November and completed all of the conditions outlined in that e-mail that were the responsibility of Tetra Tech. We then sent all of the documents with the changes in your e-mail, on to Joe and Jay McCarthy. I know that you and I have spoken about this a couple of times since November. At this time Tetra Tech does not have a contract to do any further work on this project and your contact should be directly with Jay and Joe. Thank you. Julie Julie A.Cozad � Land Planniny Manayer C;IviI t'_nymeeiing and Land Planning DeparUneni A1ai 30,s 77L5L£12 I FA" ;�'3.772.7 5 `3�Ct:ll 303 7U9 33�9 i≥!re:x�;.'.one: ��?0-ii3v..G5li3 'ulie. .zad a�tetratechcom �otra Teoh I Enc�incHznng and T rchltectural Services CEASi 1900:ioutl Sun�w[S(rr� ' ?uitc Lr i i n�jri��.;iii. C)8;��0? i v�v v 1�Y^ateCh.Com P!EASE NO�t Th(s nie 5 aqc. inclu�mg any attz.chmen[s. nia�inelude pn nle�,�d,r.onfit e�iliat andior ins(de tnfo�rr�ation.Any distnbution ar � �<�of this ;r,mn�a��lcatio i ty an�one oih�,er than the infendc�d r�:cipient is sinctly p�ohibited and may be ur�arv>ul.If yi�u are nei lhc�n[..nded ��if,��'�t.p�e .�i otl:y II c ;enc'er by a�lyinu lo thi n e .�4��nd then deletr itir�m your�y�lem. Prom: Micheile Martin [mailto:mmartin@co.weld.co.us] Sent: Tuesday, March 10, 2009 3:46 PM To: Cozad, Julie Cc: Jay McCarthy; ']oe McCarthy' Subjed: PF-1085 Julie, PF-1085 was approved by Department of Planning Services on October 4, 2006 at this time their are still some outstanding conditions before the plat can be recorded. On Nov. 17, 2008 I sent an email outlining what conditions still needed to be addressed (see attached). According to our recorded no action has occured since Nov. 17, 2008. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1)year of the date of the approval of the PUD Final Plan, or within a date specified by ihe Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to either withdraw or please submit a timeline to have everything completed, depending on your timeline this case may be referred to the Board of County Commissioners. 3/10/2009 - ' � • Page 2 of 2 If you have further question, please contact me at the above address or call (720) 652-4210 x 8730. Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4217 Please tell us how we're doing: httq:%iww«�.co.weld co uti�departmentsnllmiint!lcomp intprove comments.clm 3/10/2009 � � � � MEMORANDUM � � TO: Michelle Martin, Planning Services DATE: November 13, 2008 � ' !i � C FROM: Clay Kimmi, P.E. and Dafi�Snyder, E.I, Public Works • COLORADO SUBJECT: PF-1085 Twin View Estates (Final Plan) Weld CounTy Public Works Department has received a complete application for this Final Plan request. Comments made during this phase of the subdivision process are not all-inclusive, as other concerns or issues may azise during the remaining application process. Requirements .......................................................................................................................................................................................................................... The Weld County Public Works Department has received a Final Drainage Report for Twin View Estates from Tetra Tech Inc. The report and associated construction drawings were received at Public Works on October 9, 2008, and are dated September 19, 2008. The Final Drainage Report is signed, stamped and dated by Cameron L Fowlkes, P.E. #39318 of Tetra Tech Inc. Comments made during this stage of the review process are not al�-inclusive, as new concerns or issues may arise during later reviews. The final plat shall not be recorded until all issues in this memorandum have been resolved. Drainaqe Report The drainage report appears to be acceptable to Public Works. Final Plat The final plat appears to be acceptable to Public Works. Construction Plans: 1. On sheet 26A of 26, please revise the Q,00 for the detention pond outlet structure to be 8.18 cfs. The detention pond release rate is the 5 year historic onsite and offsite flows (9.36 cfs) minus the undetained flows (1.18 cfs). 2. The construction plans were not signed, dated, or stamped by a professional engineer licensed to practice in Colorado. Please provide three (3) copies of the construction plans that have been signed, dated, and stamped by a professional engineer licensed to practice in Colorado. The applican�sha��ddress the com�ot�nfs lisfed above dwiwg tLis Final Plnit a�gpiew process. " �ommerits made-during this stage:of the review process�are not all-inclusi�+��as.revised :.�:: ma#erials will have to be`submitted and approved by Pubtic�vrks prior.to the recor�ling of th'e� Final Plat. The review process will continue only when the all application materials have been ` submitted. PC: PF-1085 Twin View Estates PUD Email &Original: Michelle Martin, Dept.of Planning Services PC by Post: Cameron Fowlkes, P.E.,Tetra Tech Inc. Page I of I oceobee 2a,20os M:�PLANNING-DEVGLOPMENT REVIE W�-Ylnel Plet(PF,MF,M]��PI°-1085 4win View Eatates PUDCfwin View Eslalcs(Finel Plac)XS 10.20-08 Drafl DOC � � � TETRA TECH October 7, 2008 Ms. Michelle Mar[in, Planner Weld County Department of Planning Services 4209 WCR 24 % Longmont, CO 80504 RE: Twin View Estates, LLC; PUD Final Plat for nine (9) lots with (E) Estate uses and one (1) common open space outlot (11.29 acres) in Weld County Dear Michelle: This response letter specifically addresses the remaining items from the E-mail correspondence that you sent on July 1, 2008. All remaining items have been addressed as follows: Condition l. A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. Please see the attached Draft Improvements Agreements for the offsite and onsite improvements. The onsite agreement h¢s been modified to re,/lect the addition of the sign,student pic%up area and light po[e. A fina[signed improvements agreement and co[lateral wdU be submitted with the mylar. Condition 1. B. In the e-mail from July 1, 2008, you indicated that items M.4, M.5 and M.6 needed to be modified so that they do not conflict with the Weld County Code. The appropriate changes requested by the Department of Planning Services have been made. Please see attached modified covenants. Condition 1. D. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page)to the Department of Planning Services for recording the Restrictive Covenants for Twin View Estates in the Office of the Clerk and Recorder. This condition is acknowledged. The final Restrictive Covenants will be submitted to the Planning Dep¢rtment with aU the appropriate fees for reeording at the tdme of submUta!of the mylar.. � i < ri Tei _ n� tTx ��, � � � � Page 2 � TETRA TECH Ms. Michelle Martin May 16, 2008 Condition 1. G. The applicant shall submit deeds to the Departrnent of Planning Services for recording of the outlot and open space areas deeding them to the Twin View Estates Home Owners Association. A draft copy of the deed was submitted previousty and is included with this letter. Since the plat is not recorded, the[ot does not[egally e.risG A signed deed wil[be submitted with the mylar for recording. All applicable recording fees will be submitted with the deed. Condition 1. H. The applicant shall address the requirements (concerns) of the Weld County Public Works Department, as stated in the referral responses dated 9/7/06 and 9/13/06. Evidence of their approval shall be submitted in writing to the Weld County Department of Planning Services. All concerns have been addressed. The Tetra Tech response and final drainage report are attached to this letter. Condition L L. The applicant shall address the requirements of the Weld County School District RE-2J as stated in the referral response dated 8/16/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The final plat has accommodated the concerns of the Thompson School District R2-J in regard to bus stop area and the applicant will pay the cash-in-lieu fee and submit evidence to Weld County with the final mylar. Condition 1.O. Item 1.O. 3) The signature blocks on the plat are adequate. Either Jay or Joe McCarthy can sign for the Corporation. Evidence and documentation have already been submitted to R'eld County Planning showing this. Item 1.O. S)AU ROW verification is complete and shown on lhe p[at. Item 1.O. 9) The entrance has been confirmed See attached e-mails documenting evidence. The Fire District did not respond to several e-mails (Planning Department w¢s copied) and telephone ca[!s. It is our posi[ion that this condUion has been addressed Item 1.O. 14) Sign details are shown on the plat and costs included in the On-site Improvements Agreement. The plat has been approved per the e-mail sent(and attached to this letter) on July I5, 2008. � � Page 3 � TETRA TECH Ms. Michelle Martin May 16, 2008 We appreciate the opportunity to work with the Planning Department on this project. If you have any additional questions or comments, please feel free to contact me. Thank you for your time and input on this project. Sincerely, TETRA TECH � �? '1�'G�,/ � ,�t'�% Julie Cozad Planning Department Manager Pa Jay McCarthy Joe McCarthy W � W � Z 1 J W Y w � ¢ Z � y � H � O > ¢ J H � � 'g 15' 3 0 � 0 � a z O U d � d �� LL N L oN l- Q U Z � � � ALL LIGHTING ON SITE SHALL ADHERE TO LIGHTING REQUIREMENTS m o` OUTLINED IN SECTION 23-3-250.6.6 OF WELD COUNTY CODE. o (BLOCKED OR SHIELDED TO SHINE PRIMARILY ONTO SITE AND NOT a, ONTO ADJACENT PROPERTIES.) s 0 W 0 �' 0 m � N �I C� a � z � � 0 � a m o Drawing Description Project No.: Twin View N ° � TETRA TECH LIGHT POLE DETAIL Date: 7/29/08 � Designed By: JC M T �' _ www.tetratech.com F19Uf0 . ___ __ . ._- r m y 1900 5.Sunset Street,Ste.1-F w � Longmont Colorado 80501 I 3 PHONE:(303)772-5282 FAX:(303)772-7039 Copyright: Tetra Tech • • Page 1 of 1 Cozad, Julie From: Micheile Martin [mmartin@co.weld.co.us] Sent: Tuesday, July 15, 2008 8:37 AM To: Steve with Intermill �and Surveying Cc: Cozad, Julie Subject: RE: Twin View Estates Piat Corrections Looks great, they are ready for mylars. .�e� ..�Lasfis Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 From: Steve with Intermill Land Surveying [mailto:steve.ils@qwestoffice.net] Sent: Tuesday, July 15, 2008 8:22 AM To: Michelle Martin Cc: Julie Cozad Subject: Twin View Estates Plat Corrections Michelle, Attached are the changes per your tast round of comments. The outer property line boundary is bold. I was having trouble with my PDF writer and it was making all line types the same, but I think it's resolved. Also, the sign comments are addressed. Please review and let me know if we are ready for mylars. Thanks. Steve Stencel Intermill Land Surveying, Inc. 1301 North Cleveland Avenue Loveland, CO 80537 Phone: (970) 669-0516 Fax: (970)635-9775 Email: steve.ils@qwestoffice.net Company Email: intermill@qwestoffice.net NOTICE: USE OF THIS ELECTRONIC MEDIA BY ANYONE OTHER THAN INTERMILL LAND SURVEYING, INC SHALL BE AT THE SOLE RISK OF SUCH USER AND WITHOUT�IABILITY OR LEGAL EXPOSURE TO INTERMILL LAND SURVEYING, INC. BY SAVING THESE FILE(S), USER ACCEPTS RESPONSIBILITY FOR THIS ELECTRONIC MEDIA. 7/15/2008 • • Yage 1 oY 1 Cozad, Julie From: Skip Armatoski [armatoskis@thompson.k12.co.us] Sent: Friday, July 18, 2008 7:04 AM To: Cozad, Julie Subject: Re: Written evidence for configuration of road for Twin View Estates PUD (Weld Hi Julie, After reviewing the plan that you sent, our comments are as follows. Per District policy, busses do not enter subdivisions. Therefore, what is depicted on the plan will suffice for a student staging area, however, the actual bus stop wilt be located on CR3. Any kind of pullout there will be helpful Here is the quote from the Director of Transportation: "After reviewing the map, rt appears that the bus would be stopping on CR 3 to /oad/discharge students, and simp/y continue NB or S8, whichever the case may be at the time that this stop must be added to the route. While the 130' circle at the entrance on Twin View lane is adequate for a turnaround, it is district policy that buses do not enter subdivisions unless it is neccessary for the bus to reverse direction at that point. The location indicated on the diagram as the student pick-up should serve as a proper staging point for students waiting for the bus; it is lighted, situated well off the traveled portion of the road and as the diagram indicates, there is amp/e sight distance to the north and south of the entrance allowing the bus to safe/y make student stops on CR 3 regardless of the direction of bus travel. " Skip Armatoski GIS Specialist Thompson R2-J School District Loveland, CO 970.613.5017 7/18/zoo8 � � Cozad, Julie From: Ken Poncelow[kponcelow@co.weld.co.us] Sent: Monday, July 14, 2008 1:44 PM To: Cozad, Julie Subject: RE: Written evidence for configuration of road for Twin View Estates PUD (Weld County PF-1085) Looks great. Thanks for following our recommendations. -----Original Message----- From: Cozad, Julie [mailto:Julie.Cozad@tetratech.com] Sent: Wednesday, July 09, 2008 3:51 PM To: David Snyder; Lee Scott@us.crawco.com; Ken Poncelow; armatoskis@thompson.k12.co.us; brownek@thompson.k12.co.us Cc: Micheile Martin; Jay McCarthy; Joe McCarthy Subject: Written evidence for configuration of road for Twin View Estates PUD (Weld County PF-1085) David, Lee, Ken, Skip and Kate, Hello. We have been going through the Final Plat process with Weld County for the Twin View Estates PUD. We are about to record the Final Plat and the County is requiring that we have written evidence from all of you indicating that the entrance to the subdivision has addressed any previous concerns. The entrance was modified based on information provided by Weld County Public Works, the Fire District, the Sheriffs o�ce and the School District. Attached is a copy of the plat showing the entrance to the subdivision. Please respond to this e-mail that you have reviewed and approved the entrance configuration. Thank you so much. Let me know if you have any questions. Julie Julie A. Cozad � Land Planning Manager Civil Engineering and Land Planning Department Main: 303.772.5282 � FAX: 303.772.7039 � Cell 303-709-3319 Direct line: 720-864-4564 j u I ie.cozad @tetratech.com Tetra Tech � Infrastructure Group 1900 South Sunset Street, Suite 1-F � Longmont, CO 80501 � www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 1 � * . „ . , � y ,. . ..• �,,.� . •. . � � �, • • ; a • :,i� . .. • . � � *,�� •'� .'• f v� ` .�K/ '�•� af..;;.�. _;:!�� •+;. . t � W1` �� ,•, ��'f'' ��; ` j;� �: , • ;• '• 'f.�; ,,4. � ,. Q . . . . ... � • � • � � � � •r Q• �� ' A � • '.i . 4� '� � o � � t�� ' '�� . . _ " i . � , .• • •� ' � i: �" O .s ' � r. t�;' . , •„ �, • :� yf • , : � ,.�a., , • .�' :� • ...' Y�•:' : .�j • K y 61.1 � ' . �� • , . ��•. ' . . !�, •,�! � . .: ,� , � •f�! •� • � . '�';. �.` . ,• .r , 3 ° �� . � . � .�� . •. r �� . � ... R , : '• • . .• .p,;�. W r•' i. . ti.« , ;. , f � rg• . � . ; , .�.:a , :� •o� r• . .�� . .::,�'.. :� �• �•� • . r �' •f••'�• ��+r� `- � �. . � . i..• . � .f� Q t � • ! Z � � • •� . �� •� , w••. :• . •�;ti ..r. . , r r . ..� . �'fa� •• � y� . . . .�.' � � • . • • � .. � . i.�y1 . '' • : �' '. 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' .• :• • � f�� ,� • .� �.'. .t �. � •f .; : . �: . , . �'• -p . � � � ,4, . • • • , ., � �• • � , i .� • • � � W v �; �: • ' �' � ' * st' � � ••�. •� ; . :f ;s•.�,. .: i�: S ��'. . ��' �� ;i ` ' . :�.. . ..�,� .:,Qt • �+�:', •,. . � . •i i': :��:''•�.' : �• '• � ' ,� o ... .� . . .: , . �' : �.. .4 ',� , : U • • • �� : •� . .. • �' • a � • • . . � � — � � Page 1 of 2 Michelle Martin From: David Snyder Sent: Friday, July 25, 2008 4:31 PM To: Michelle Martin Cc: Clayton D. Kimmi Subject: RE: Plat for Twin View Michelle, The 2 comments in question from Julie Cozad on Twin View are addressed to the satisfaction of Public Works. The remaining comments per the memo from Clay and myself have yet to be addressed. If you have any questions, feel free to call or email. David Snyder, E.I. Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsn�er@co.weld.co.us From: Micheile Martin Sent: Thursday, July 24, 2008 4:44 PM To: David Snyder; Clayton D. Kimmi Subject: FW: Plat for Twin View Please see below and let me know your thoughts. .�c��e�o ��a�Gc;a Planner II 4209 CR 24.5 �ongmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX (720) 652-4211 From: Cozad, ]ulie [mailto:]ulie.Cozad@tetratech.com] Sent: Wednesday, ]uly 23, 2008 4:43 PM To: Michelle Martin Cc: Obrien, Marjory Subject: Plat for Twin View Michelle, In the memo from David Snyder and Clay Kimmi under the Final Plat it is states: A final plat was delivered to Public Works in May 2008 for review. 1. Public Works requires a copy of written signoff from the affected ditch company on easements. 07/28/2008 � • Page 2 of 2 2. Please put the following statement on the Final Plat"Weld County will not maintain drainage related areas or medians." We have provided documentation from the ditch company regarding the easements and the plat did include the language above. Please respond back to this e-mail to confirm that these items are now complete, so that we can respond back to Public Works appropriately. Thank you so much. Julie Julie A. Cozad ��and Planning Manager Civil Engineering and Land Planning Department "ain 3G�°�.771.5282 � Fak: 303772.�039�Ceil 30"� 7C �3319 �ireCtline� 720-oFd-d564 �ulie cozad a�tetratech.co_m_ ^,'r� ,t•,.�, i 1 r;truct�..ra Grnup >;0 5;, � ui ,� �:;treet.Su;te YF L�ngmcnt (,�)Uu50` ��n .v�r.tratech.com PLEA3E NC`?F. TGis inessaye,lndudng any attachmants.may inr,luUe privileged. confidential and�br lnside Information. P.ny distribution or u�of[h7s wrr�rnunice6�n by anyane oUier th�n±I�e 7r�tended recipieot is sfrir,ily prohibi[ed end may ba�mlawfoL If ynu are notthe intended �ea( c iL o e.�s� not(fy Che;erder by replying to fhis inessaye and then delele it from ycu�sysiem. ��Zg�2��8 � . Page 1 of 3 Michelle Martin From: Michelle Martin Sent: Friday, July 18, 2008 2:57 PM To: 'Cozad, Julie' Subject: RE: Written evidence for configuration of road for Twin View Estates PUD (Weld Julie, Staff determined today that the improvements agreement for PF-1085 will need to include the sign and the student pick up azea including the light pole. Let me know if you have any questions. ��e�i� �h'"rLritfi'sa Pla�ner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 From: Cozad, ]ulie (mailto:Julie.Cozad@tetratech.com] Sent: Friday, July 18, 2008 9:15 AM To: Michelle Martin Subject: FW: Written evidence for configuration of road for Twin View Estates PUD (Weld Hi Michelle, E-mail from Skip and Director of Transportation at the School District is below. It appears from their comments that the new configuration is adequate. Thanks, Julie Julie A.Cozad � Land Planniny Manager Civil Engineering and Land Planning Department ��18�2��g • � Page 2 of 3 Malr:J03.7"125232 � FAX: 303772JG3≤? I Cell 30&70a-3319 ,�irect Iine�.720-85h-43h4 iulie.cozad a(�tetratech.com Tetra i ech� I;ifrasiructure Group 1960 South Sunsei Sireet,Suite 1-F� lcngmont.CO 80501 I v✓ww.letratech.com PLEASE NOTE: This message. including any attachmerts,may(nclude privlleged,confidential and/or ins(de(nformation.Any distribution or use of thls communication by anyone other than the intended reolpient Is strictly prohlbited and may be unlawfuL If you aro not the intended recipient. please noti(y the sender by repiying to tliis message and then delete It from your system. From: Skip Armatoski [mailto:armatoskis@thompson.kl2.co.us] Sent: Friday, July 18, 2008 7:04 AM To: Cozad, Julie Subjed: Re: Written evidence for configuration of road for Twin View Estates PUD (Weld Hi Julie, After reviewing the plan that you sent, our comments are as follows. Per District policy, busses do not enter subdivisions. Therefore, what is depicted on the plan will suffice for a student staging area, however, the actual bus stop will be located on CR3. Any kind of pullout there will be helpful Here is the quote from the Director of Transportation: "After reviewing the map, it appears that the bus would be stopping on CR 3 to Ioad/discharge students, and simply continue NB or S8, whichever the case may be at the time that this stop must be added to the route. While the 130' circle at the entrance on Twin View lane is adequate for a turnaround, it rs district policy that buses do not enter subdivisions unless rt is neccessary for the bus to reverse direction at that point. The location indicated on the diagram as the student pick-up should serve as a proper staging point for students waiting for the bus; it is lighted, situated well ovi sizooa . � Page 3 of 3 off the traveled portion of the road and as the diagram indicates, there is ample sight distance to the north and south of the entrance allowing the bus to safely make student stops on CR 3 regardless of the direction of bus travel." Skip Armatoski GIS Specialist Thompson R2-J School District Loveland, CO 970.613.5017 07/18/2008 � � Page 1 of 2 Michelle Martin From: Cozad, Julie [Julie.Cozad@tetratech.com] Sent: Friday, July 18, 2008 9:15 AM To: Michelle Martin Subject: FW: Written evidence for configuration of road for Twin View Estates PUD (Weld Hi Michelle, E-mail from Skip and Director of Transportation at the School Disirict is below. It appears from their comments that the new configuration is adequate. Thanks, Julie Julie A.Cozad � Land Planning Manager Civil Enyineering and Land Planning Oepartment Maln�.3Q3.772.5282 I FAX: 303.772.7039 J Cell 303-709-3319 �Ireot I(ne: 720-864-456d Li lie.cozad�atetratech.com Tetra Tech I Infrasfructure Ginup i9QCl So�tii :unset Sheet.Sulte 1-F � Longmont.GO 80561 �wo✓m�.tetr�tech.com PLEASE NOTE This message, inGuding any aitachments,may include privileged, confdential andfor Inside informatlon.Any dlstribution or use of this commwiication by anyone other than llie'�ntendetl roapient Is strlclly prohibited and may be unlawful. If you are not the intended recipient,please notify Ihe sender by replying to this message and ihen delete it from your system. From: Skip Armatoski [mailto:armatoskis@thompson.kl2.co.us] Sent: Friday, July 18, 2008 7:04 AM To: Cozad, ]ulie Subject: Re: Written evidence for configuration of road for Twin View Estates PUD (Weld Hi Julie, After reviewing the plan that you sent, our comments are as follows. ovisi2oos � , Page 2 of 2 Per District policy, busses do not enter subdivisions. Therefore, what is depicted on the plan will suffice for a student staging area, however, the actual bus stop will be located on CR3. Any kind of pullout there will be helpful Here is the quote from the Director of Transportation: "After reviewing the map, it appears that the bus would be stopping on CR 3 to load/discharge students, and simply continue NB or SB, whichever the case may be at the time that this stop must be added to the route. While the 130' circle at the entrance on Twin View lane is adequate for a turnaround, it is district policy that buses do not enter subdivisions unless it is neccessary for the bus to reverse direction at that point. The locafion indicated on the diagram as the student pick-up should serve as a proper staging point for students waiting for the bus; it is lighted, situated well off the traveled portion oi the road and as the diagram indicates, there is ample sight distance to the north and south of the entrance allowing the bus to safely make student stops on CR 3 regardless of the directfon of bus travel. " Skip Armatoski GIS Specialist Thompson R2-J School District Loveland, CO 970.613.5017 o�ii si2oos • � Page 1 of 3 ^ , 1 Michelle Martin From: Cozad, Julie [Julie.Cozad@tetratech.com] Sent: Wednesday, July 09, 2008 4:55 PM To: Michelle Martin; Jay McCarthy; Joe McCarthy Cc: David Snyder; Eustice, Becky Subject: RE: PF-1085 Michelle, Here are our comments. Item 1.A. Regarding the improvements agreement, previous comments from Public Works and Planning requested changes to the Improvements Agreement, which we have made. None of the previous comments asked for the student area (which is just an area along side the road, no shelter), mail boxes or sign to be included in the Improvements Agreement and we feel that this is a new comment. The landscaping is included in the Improvements Agreement for$400.00 and rather than change it to $403.00, we would request to leave the agreement as is and get it in front of the Commissioners as soon as possible for acceptance. We feel that this condition has been met and all previous comments have been addressed. In regard to the sign, as stated in the letter to you on May 16, 2008, the applicants would like to submit final design for the sign at the time of building permits. At this time the applicants do not know what type of sign, the design of the sign, lighting for the sign, or any other details for it, so it would be difficult to show sign details on the plat. We are showing the location on the plat and the note on the plat states that all signs shall adhere to the Weld County Code, with the exception of the entrance signs, which were addressed with the Change of Zone, as far as size. The signs will not exceed the 24 square foot maximum indicated in the final plat and previous applications. We believe that we have met the condition, for reasons stated above. As far as the improvements agreement is concerned, again, without knowing what the signs will look like, we would rather not include the signs in the Improvements Agreement at this time. Item 1.6. The Covenants will be modified so that there is no confusion regarding the HOA covenants and the Weld County Code. Item 1.D., 1.G. and 1.L. These items will be submitted with the mylar as indicated in your e-mail and in our letter dated May 16, 2008. The redlines will be changed by Intermill Land Surveying and have been provided to them. For item 1.O.9. It was my understanding that this was already complete, but I have sent an e-mail to all the agencies and will have them verify in writing that they have reviewed and approved the configuration of the entrance. What can we do if the agencies do not respond? Can we go ahead and move forward? I copied you on the e-mail to them. Item 1.O.14. See above regarding the sign. We have shown the location for the entrance signs and the note is on the plat. We believe this condition has been met. The Public Works items are being addressed with David and Becky Eustice and we will send you verification from Public Works that their conditions are all met. Please let me know if you need anything else. Thank you for all of your time on this project. Julie Julie A.Cozad � �and Planning Manager Civil Engineering and Land Planning�epartment Main-303-772.5282� FAX:303.772.7039 I Coll 303-7D93319 Direc!Iine:720-864-4564 iulie.cozad a(�tetratech.com 07/14/2008 � • Page 2 of 3 r Tetra Tech � InfrastrucNre Group �900 South Sunset Sheet, Suite 1-P� Longmont, CO 80501 �www.tetratech.com PLEASE NOTE: This message,induding any anachments. may Include privileged.confidential and/or inside in(omiaClon. Any disiributlon or use o(Ihls commwiicalion by anyone otl�er ihan(he intended recipient Is stricily prohlblted and may be unlawful_ If you are not the intended reciplent, please notify the sender by replying to this message and then delete II from your system. From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Tuesday, July 0l, 2008 1:49 PM To: Cozad, Julie; ]ay McCarthy Cc: David Snyder Subject: FW: PF-1085 Regarding the improvements agreement it still needs to address the light for the student are mail boxes, ��nd the landscaping cost needs to reflect $403.00. C- �__ ��el� ��n Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 _ __ __ _. _ __. From: Micheile Martin Sent: Tuesday, July 0l, 2008 1:46 PM To: 'Cozad, Julie'; ']ay McCarthy' Cc: David Snyder Subject: PF-1085 Hi Julie, The Department of Planning Services and Public Works have reviewed the supplied documentation and the following conditions still need to be addressed before the plat can be recorded for 1�vin View Estates (PF-1085). 1.A 1.B (the covenants need to address M.4, M.5 and M.6 (the allowed uses according to the covenants contradict the Weld County Code)) 1.D (will need to be submitted with the mylar) 1.G (will need to be submitted with the mylar) 1.H (see attached memo from PW) 1.L In addition to the red lines on the plat the following need to be addressed 1.0.3 1.0.5 1.0.9 1.0.14 Let me know if you have any questions or if you would like to set up a meeting to discuss these items. The red lined plat is available in the SW office for you to pick 07/14/2008 • � Page 3 of 3 , � up. .�1�11 ��;a Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 07/14/2008 � � Michelle Martin From: Cozad, Julie [Julie.Cozad@tetratech.com] Sent: Monday, July 14, 2008 1:48 PM To: Michelle Martin Subject: FW: Written evidence for configuration of road for Twin View Estates PUD (Weld County PF-1085) FYI from Ken Poncelow, Weld County Sheriff re: the entrance for the subdivision. Julie A. Cozad � Land Planning Manager Civil Engineering and Land Planning Department Main: 303 .772.5282 I FAX: 303 .772.7039 � Cell 303-709-3319 Direct line: 720-864-4564 julie.cozad@tetratech.com Tetra Tech � Infrastructure Group 1900 South Sunset Street, Suite 1-F � Longmont, CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the aender by replying to this message and then delete it from your system. -- Ori�inal, Message----- From. '��:' Bq�Ili4r� [mailto:kponcelow@co.weld.co.us] Sent: Monday, July 14, 2008 1:44 PM To: Cozad, Julie Subject: RE: written evidence for configuration of road for Twin View Estates PUD (Weld County PF-1085) � Lqoks great�zu' Thanke for fallowing our recomnendatione. i �-----Original Message----- From: Cozad, Julie [mailto:Julie.Cozad@tetratech.com] Sent: Wednesday, July 09, 2008 3 :51 PM To: David Snyder; Lee Scott@us.crawco.com; Ken Poncelow; armatoskis@thompson.kl2.co.us; brownek@thompson.kl2.co.us Cc: Michelle Martin; Jay McCarthy; Joe McCarthy Subject: Written evidence for configuration of road for Twin View Estates PUD (Weld County PF-1085) David, Lee, Ken, Skip and Kate, Hello. We have been going through the Final Plat process with Weld County for the Twin View Estates PUD. We are about to record the Final Plat and the County is requiring that 1 we have written evidence fro•m all of you indicating that the'trance to the subdivision has addressed any previous concerns. The entrance was modified based on information provided by Weld County Public Works, the Fire District, the Sheriff's office and the School District. Attached is a copy of the plat showing the entrance to the subdivision. Please respond to this e-mail that you have reviewed and approved the entrance configuration. Thank you so much. Let me know if you have any guestions. Julie Julie A. Cozad � Land Planning Manager Civil Engineering and Land Planning Department Main: 303 .772.5282 � FAX: 303 .772.7039 � Cell 303-709-3319 Direct line: 720-864-4564 julie.cozad@tetratech.com Tetra Tech � Infrastructure Group 1900 South Sunset Street, Suite 1-F � Longmont, CO 80501 � www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 2 .� � � a M �:��Y �� MEMORANDU TO: Michelle Martin, lanning Services DATE: June 27, 2008 C �� O FROM: David Sny r, E.I., Clay Kimmi P.E., Public Works . COLORADO SUBJECT: PF-1085 Twin View Estates (Final Plan) #4 Weld County Public Works Department has received a complete application for this Final Plan request. Comments made during this phase of the subdivision process aze not all-inclusive, as other concems or issues will arise during the remaining application process. ....................................................................................................._Req u i rements......................................................................................................... The Weld County Public Works Department has received a Final Drainage Report for Twin View Estates from Tetra Tech Inc. The report and associated construction drawings were received at Public Works on May 19, 2008, and are dated May 2008. The Final Drainage Report and aIl construction drawings are signed, stamped and dated by Richard J. Christy, P.E. #40053 of Tetra Tech Inc. Comments made during this stage of the review process are not all-inclusive, as new concerns or issues will arise during later reviews. The final plat shall not be recorded until all issues in this memorandum have been resolved. Final Plat: A final plat was delivered to Public Works in May 2008 for review. 1. Public Works requires a copy of written signoff from the affected ditch company on easements. 2. Please put the foliowing statement on the Final Plat"Weld County will not maintain drainage related areas or medians". Drainaae: 1. There appear to be discrepancies in the runoff watershed length throughout the report. The runoff watershed length in the third paragraph on page 2 of the Final Drainage Report is shown as 3,150 ft. However, the calculations in the appendix show the length to be 3,250. Several of the calculations use a flow length of 4,090.3 ft. The flow lengths shown in the Runoff Calculations Summary Table do not appear to match the flow lengths shown on the Drainage Plan Map. Please review all the flow lengths and revise as necessary. Please note that changes to flow lengths will result in changes to discharge which will result in changes throughout the design. 2. As requested in the September 7, 2006, February 5, 2007, and November 17, 2007 review memorandums, please indicate the 100-year headwater depth (HW,00) for all culverts in the construction drawings. 3. As requested in the November 17, 2007 review memorandum, please provide the required 1 ft of freeboard on all proposed channels upstream of all culverts. 4. As requested in the February 5, 2007 and November 14, 2007 review memorandums, please discuss temporary and permanent erosion control features in the Final Drainage Report. 5. Please address all redlined comments in the Final Drainage Report, Drainage Report Sheet, and Construction Sheets. Page 1 of2 14-November-2007 M:�PLANNMG—DEVELOPA�NT 0.F.VIEWILFinal Plsl(PF,AS�,MJF)\PF-IOfi5 Twin View Estetcs PUD\Twin Vlew Finel Plat Rcview b-I 1-0B O0C � � Irriaation Ditches: 1. Attachment No. 4, Irrigation Flow Quantity, did not appear to be included with the submittal. Please provide documentation for the 5 cfs of ditch flows identified and utilized for calculations in the Final Drainage Report. Construction Plans: 1. Please address all redline comments on the Drainage Report Sheets. ,��' P�,�c�rii�,�at1 aclk��ess�.h�„�et►`m��,�b��a��'�Ii►s��anal�n�c'�e��racess ,� �y, �;�j � ,�� , °k� �i�7'Mk�t.E'�c �,g.fi+ t ��'t(b� �7t``'��YY,1�� t � � ��@F4'�y�@4'C@�� 0��+�,41„1,��, ��#�'a� +�,�� , �" �n- rn , � � r ��Wx�C� �S'� r ��{a � � (1� 4rcL�l��@ 1'l�ii �y'4i1C�. �y} p.� �r �p a j� y��y� y �� +CYe`F� "�Mj�� M1ei �x $6 t ��'� ��'R }y �� y,�'�+n�ie�� i{Fv�� ,�'��'y t gj ^i 9 ₹4st � .'�7�__y : 41 t �!�!�{�q ,i{� �*� �-vYl+kfx. '��C i �+�p�(�,�'�, �"I�NI�F+ �`� � �} . � s `� M Y ( � ''',�M�`'-�_�:'"� �. _ !' �. S71��Tt, v�` � €s ' � R i � 4Pa�' Fz ,�'nx��, M y�, �y ' . e '°s ' � t €� ' .L m+E� '*h r ;.� +. u K 3 �. � �'r�� ''., I�a�U f .,..r�,e ' _�. .,t,� ° r`� :, . .. ... . u; ...,,::,cr.._.,4... ss, . = .._.��„ rt.. . .. .. ...., ... .,� . ,,..�..... a. ..�..,.. ._.n ,...:.. . . ..._ ' PC: PF-1085 Twin View Estates PUD Email&Original: Michelle Martin, Dept. of Planning Services ✓ PC by Post Becky Eustice, P.E.,Tetra Tech Inc. Page 2 of 2 14-November-2007 M_@LANNING-DEVELOPMENT REVIEW�9-Ffnel Plat(P$MF,M1F)�PF-1085 Twiu Yew es�ems PUD\Twln V iew Finel Ple[0.eview 6-I1�08 DOC � � Page 1 of 2 Micheile Martin From: Michelle Martin Sent: Tuesday, July 01, 2008 1:49 PM To: 'Cozad, Julie'; 'Jay McCarthy' Cc: David Snyder Subject: FW: PF-1085 Attachments: Twin View Final Plat Review 6-11-08.pdf Regarding the improvements agreement it stiil needs to address the light for the student area,mail boxes, sign, and the landscaping cost needs to reflect $403.00. ��8,/� �2�� Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 From: Michelle Martin Sent: Tuesday, July 0l, 2008 1:46 PM To: 'Cozad, Julie'; ']ay McCarthy' Cc: David Snyder Subjed: PF-1085 Hi Julie, The Department of Planning Services and Public Works have reviewed the supplied documentation and the following conditions still need to be addressed before the plat can be recorded for nvin View Estates (PF-1085). 1.A 1.B (the covenants need to address M.4, M.5 and M.6 (the allowed uses according to the covenants contradict the Weld County Code)) 1.D (will need to be submitted with the mylar) i.G (will need to be submitted with the mylar) 1.H (see attached memo from PW) 1.L In addition to the red lines on the plat the following need to be addressed 1.0.3 1.0.5 1.0.9 1.0.14 Let me know if you have any questions or if you would like to set up a meeting to discuss these items. The red lined plat is available in the SW office for you to pick 07/01/2008 • • Page 1 of 1 Michelle Martin From: David Snyder Sent: Tuesday, July 01, 2008 11:18 AM To: Michelle Martin Subject: Twin View Estates Public Works is requiring the escrow amount as shown on the private and public improvement agreements. David Snyder, E.I. Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us _ _ ---__ _ _ __ - � � 07/01/2008 ��i �°�. � �� Recordedat 3552803 05/08t2008 04:15P Weld CoUnly, CO ' RecepSionNc. � of 3 R 16.00 D 0.00 Steve Moreno Clerk 8 Recorder EASEMENT .. �� . 2008 ,between � .. . . � THIS EASEMEN7,Sranted this 24th ' day of�. April . - � � Lit[le Thompson Wa[er District , . � � . . � whose]egal address is g35 E.Highway 56 � . �. � ,State of Coloado,the Grantor,.and ofthe �TownofBer[houd '��n'of �Larimer �. . �. � � . . � LovelandPeaks,LLC �� . , . �� wLoseleppladdressls 2z19SmallwoodDrive � � � - . - � � � ,and State of Colorado,tLe Grantee• ofthe 'City of FL Collins "Cwnty of .Larimer _ � . _ WI17�gggE7'I-7,tk�at the Gcantoy for and in considezation of tLe sum of ZeCO . . . doUars, paid to the Grantoi by 4�e Grantee,ihe receiPt and su@iaency of which is kmrohY ackaowledged,does Lereby grent,bargain,sell;and convey � to the Grantee an easement for ihe P�ses of(a�;x�u�m��ixn'm°ewe'ue`'ti��°°°�s'�"°°"'a"'�'�ac7 A 30'x 100'permanent easement,more fully described on Exhibit A,attached and incorporated herein,to construct,lay,install,inspect,monitor,maintain,repau,renew,substitute,change the size of,replace,remove,operate and use a drainage culveri and outfall ditch,through, wer eu3 across Ihe followinB dacribed Pazcel of nal P+oD�Y situate in the NW 1/4 of Sec.8,T4N,R68W County of �. � W eld and Squ o[Coloxado to wiC , � � I T6is Easement is for the benefit of and apDu[te��te of ColoiedoY and desecribedlasa`e iu Ihe �. Countyaf Weld See Exhibit A. . . This Easemcnt shall eacPire uP°°�e fiappening of ihe following evetil,m'at the time set forth below,whichever is earlier: � N/A Perpetual Easement - - The Grentee agees to repair and maintain tk�e easemenl grented herein at t6e cost and expense of tt�e Grantee,amen�s grautcd,nta will � in no w i w prcveet ihe prope[anc asoneble use a d enjoyment of tLe pm hrou � T (�lf,�.!/,A�'l � j �7 Gredee � �� T �� 71^L'(!�(:� L1'l/f�u1a�//�llLC`a�C, .STATEOFCOLORADO ��P;;oao�� ss. I courmroa i�vG��aT G� f �O�L , zoos , - The foregoing instrument was aclmowl ��"s �: bY IC�NB��I NN, wHY�6 t : . ; � Witaess my hand and ofii�sy�,./ � 7 � � �o/ ' xmur wni�� My commiss�on exDires: ��. �p, G •V in Denver,insert'•CiTy and••. ,S•��UB�'N'� Q' •�• Nome eod Addreu of Persm CruYnB NewIY Ctwted 1-eeV fl"�� . � No.1134.Rev.6-92. E.eSEME7vT m � �' . Bndfrnd Publishing,1743 Wn.¢St,D�^��5 CO 80203—(303)29245W—11A5 � � � TETRA TECH, INC. I I"III IIIII IIII'I IIIII IIIII III' IIIIIII III '�II' II'I II'I 3552803 05/08/2008 04.15P Weld Counry, C0 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder LEGAL DESCRIPTION A DRAINAGE EASEMENT ACROSS A PORTION OF THE NORTHW EST QUARTER OF SECTION 8, STOATE OF COLORADO, MORE PARTICULAR YEDESCR BED AS FOLLOWSCOUNTY OF WELD, COMMENCING AT THE NORTH QUARTER OF SECTION 8 WHENCE THE NORTHWEST CORNER OF THI3 DESCRIPTION' THENOCETALONG THE NORTH LIINE OF THOERNORT W EST QU RTER OF SAID R SECTION 8 SOUTH 89°25'46"WEST 791.30 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°34'14" EAST 30.00 FEET;THENCE SOUTH 89°25'46" W EST 100.00 FEET; THENCE NORTH 00°34'14"W EST 30.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE ALONG SAID NORTH LINE NORTH 89°25'46" EAST 100.00 TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.068 ACRES MORE OR LESS. �p R EClsl P .......,, F' p ;• a.B R h„•• �e` � G'�'�• F � R A1VDQ� ALF i�, RA TECH INC. B �ETER`R'��ANT:} � � �ADO PROFE$� AL LAND SURVEYOR NO. 20673 fJ.,� , •SJ ��NA1 �I �H� SHEET 1 OF 2 02/29/08 q:\5�92_001TWINVIEW�Documents\DRAINAGEEASEMENT.doc �900S.Sunset5treet,Suitel-FLongmont,CO80501 Tel:303.772.5282 Fau:303.7727039 www.tetratech.com i�iiiiii iii�i iiiiii iiiii iiiii iii�iii iii iiiii iiii iiii � 3552803 05I08/2008 04.15P Weld Counry, C0 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A A DRAINAGE EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 8,T4N, R68W OF THE 6TH P.M., COUNTY OF WEID, STATE OF COLORADO r z a > K m w NORTH LINE ° SECTION 8 OINT OF POINT OF E COMMENCEMEN Z BEGINNING N Y4 �F w SECTION S � S89°25'46"W T4N R68W ? 81°25'4 " 791.30' FND 2-�" � ALUM CAP � NW CORNER DRAINAGE EASEMENT PLS 23500 o OF SECTION 8• � 0.068 AC. A g T4N R68W -„ - � FND 3-Ya" 9°25'46'W o AIUM CAP 0 . m PLS 7242 E m m m m � � c _ T x �� w > 2 � 0 15' .., . 30' 60' N' A � THIS EXHIBIT DOES NOT REPRESENT A z MONUMENTED SURVEY. IT IS ONLY � INTENDED TO DEPICT THE ATTACHED SCALE: 1" = 30' o DESCRIPTION Q p ect No.: 133-5192-001-00 m Drawing Description rol m � TETRA TECH Date: 02-29-08 N Designed By: SS � Drawing No. m wwn.tetratech.com LL ,soos.suNSErsrr�Er EXHIBITA `Z OF `� T LONGMONT COLORADO,B4C�0� � PHONE:303772b2b2 FAX:303-772-7039 LL Copyright:Tetra Tech � � , � � � MEMORANDUM TO: Michelle Martin, Planning Serviccs DATE: 7une 27,2008 W��i FROM: David Snyder, E.I., Clay Kimmi P.E., Public Works COLORADO SUBJECT: PF-1085 Twin View Estates(Final Plan)#4 Weld County Public Works Department has received a complete application for this Final Plan request. Comments made during this phase of the subdivision process are not all-inclusive, as other concems or issues will arise during the remaining application process. Requirements ............................................................................................................................ The Weld County Public Works Department has received a Final Drainage Report for Twin View Estates from Tetra Tech Inc. The report and associated construction drawings were received at Public Works on May 19, 2008, and are dated May 2008. The Final Drainage Report and all construction drawings are signed, stamped and dated by Richard J. Christy, P.E. #40053 of Tetra Tech Inc. Comments made during this stage of the review process are not all-inclusive, as new concerns or issues will arise during later reviews. The final plat shall not be recorded until all issues in this memorandum have been resolved. Final Plat: A final plat was delivered to Public Works in May 2008 for review. 1. Public Works requires a copy of written signoff from the affected ditch company on easements. 2. Please put the following statement on the Final Plat"Weld County will not maintain drainage related areas or medians". Drainaqe: 1. There appear to be discrepancies in the runoff watershed length throughout the report. The runoff watershed length in the third paragraph on page 2 of the Final Drainage Report is shown as 3,150 ft. However, the calculations in the appendix show the length to be 3,250. Several of the calculations use a flow length of 4,090.3 ft. The flow lengths shown in the Runoff Calculations Summary Table do not appear to match the flow lengths shown on the Drainage Plan Map. Please review all the flow lengths and revise as necessary. Please note that changes to flow lengths will result in changes to discharge which will result in changes throughout the design. 2. As requested in the September 7, 2006, February 5, 2007, and November 17, 2007 review memorandums, please indicate the 100-year headwater depth (HW,00)for all culverts in the construction drawings. 3. As requested in the November 17, 2007 review memorandum, please provide the required 1 ft of freeboard on all proposed channels upstream of all culverts. 4. As requested in the February 5, 2007 and November 14, 2007 review memorandums, please discuss temporary and permanent erosion control features in the Final Drainage Report. 5. Please address all redlined comments in the Final Drainage Report, Drainage Report Sheet, and Construction Sheets. Page 1 of2 ia-No��omb�r-?oo7 M:`PI�AAING--DGVEI.OPMFNTNHYIEW�I-finalPla�(PF,MF'NJFIPFIU85T bie�cH�easP�DT�' Vie.vilnalVla�Rn�cw611-OA�OC � � Irriaation Ditches: 1. Attachment No. 4, Irrigation Flow Quantity, did not appear to be included with the submittal. Please provide documentation for the 5 cfs of ditch flows identified and utilized for calculations in the Final Drainage Report. Construction Plans: 1. Please address all redline comments on the Drainage Report Sheets. . .._.:.. . _..-.v::.. -oi:,..¢�..�.. �'-i! . cP... _.y._..i. ..... � ..a;iv�yt ".^i:ii � ::: ::a�"..: ., ...,...�ws §L-f"_. ::. � :'v i � m '. m 1 L'p;' - I , u - " " _ ..�. _ h:d , w g . . �m, �A � m m �e,y.....'_'... ... . � .� .. n .�.��. .R.........L.�u. x_..n:.._ �.:.: '�.t r e...� _�.. �__.urz�u . .............. � . _ . .. .....a� .. ....... .__ . .. . .e:s . PC: PF-1085 Twin View Estates PUD Email&Original: Michelle Martin, Dept.of Planning Services PC by Post: Becky Eustice, P.E.,Tetra Tech Inc. Page 2 of 2 ia-n�o�z�nhe�-?oo� M�.PI4ANIN(i- D[V[IOPNf�IRFVIEW}�I�ull'In�(PF.�Ai 1OFINP�IU93T OlneFlatuYl-0J '��VlqvrnalllalNn4cwG-II-UNDOf � � O T E T RA T E C H 1900 5.Sur�set Sveet,Suite I-f Longnorrc,CO 80501 Tel:303.772.5282 Fax 303.772-7039 MEMORANDUM To: Dave Bauer, P.E.,CFM From: Rich Christy, P.E. SubjeCt: Response to Comments from Weld County Public Works: Twin View Estates(PF1085)Drainage Report and Plan Changes Tt No. ]33-5365.001.00 Date: April 15, 2008 Mr. Bauer, The following is a list of responses to the memorandum comments dated November 14, 2007 from Brian Varrella, P.E. of Weld County Public Works to Michelle Martin of Weld County Planning Services, and responses to other issues discussed in our meeting at your office February 1, 2008. To the best of our knowledge, we have made the necessary revisions to address each comment. Final Plat: A final plat was not delivered to Public Worics in September 2007 for review. The following comments are copied from the February 5, 2007 review memorandum: 1. The right-of-way for Twin View Lane at WCR 3 and the adjacent open space shall be revised to provide adequate room for the configuration of the roadway and drainage shown in ihe construction plans. As discussed in our meeting on February 1s', the right-of-way is adequate as shown. There is a 15'drainage and utility easemenf adjacent to the right-of-way in which the ditch is located around the bulb on Twin �ew Lane. 2. It is assumed the lines shown beiween Lots 5 and 6 and Lots 7 and 8 are at the center of the existing irrigation ditch. If that is the case, the line should be called out accordingly and documentation pertaining to the ditch called out. If there is no existing easement for the ditch, the final plat dedication language shall be clarified to establish an irrigation easement for the owner of the ditch. The following response was provided by the surveyor and included on the plat. "The Lot lines between 5, 6, 7 and 8 are not the center of the ditch. The diich is situated within Lots 4, 5 8 8. Per comments by Pu61ic Works fhe ditch is now placed within its own 20' easement as shown." a. There shall be no fences constructed inside this easement without prior approvai of the irrigation ditch company. Please place a note on the plat so stating. Page 1 of 6 R:\5365 001 TwinView\Communications\Cwrespondence\Memos\Response to Public Wwks Comments\MEMORANDUM_2008- 04-15_5365_W eld_Cou nty.doc � � As discussed in the meeting on Fe6ruary 1�', Uiis note has been included in the covenants rather than on the plat 3. There is an existing irrigation ditch near the southwest line of Lot 7 that turns and parallel's the south line of the subdivision. If there is an existing easement for the ditch is shall be called out. If there is no existing easement, an irrigation easement shall be dedicated and shown on the final plat. The ditch carries drainage, not irrigation water, and is to be relocated next to path, then into defention pond. Easement labels have been clarified in the plat. At ihe February 1� meeting it was agreed that no further action is needed. 4. Public Works requires a copy of written signoff from the affected ditch company on easements requested in Item 1-c above. At the meefing on February 1�`, it was agreed that by adding to the easement description, fhat the exisfing irrigation easement shall also apply to access for maintenance of ihe ditch, then this comment is addressed. This addition has been added to the easement on the plat Additionally, aftachment No 1 - Irrigation Ditch Access Agreement is a letter from fhe ditch owner agreeing fo the proposed access to the easemenf. 5. Please dedicate and show the easement in Item 1-d above as "20-ft Irrigation Easement." It was agreed at the February 15�meetinq that no action is needed to address this comment. Drainage: 1. As requested in the Septem6er 7, 2006 and February 5, 2007 review memorandums,the applicant shall provide detention for the entire site according to Weld County CODE 24-7-30(D). If any areas release the 100-year developed discharge undetained, the total discharge from those areas must be subtracted from the 5-year historic release rate for the site. The 12.16 cFs identified in Section 4.0, 2�a paragraph, last sentence on Page 3 of the Final Drainage Report is incorrect. The 9.36 cfs introduced on the same page and section, 3�a paragraph, last sentence, is also incorred. Undetained runoff reduces the allowable release rate from the pond, and offsite contributions may not be included to size the detention pond outiet structure. a. For this subdivision, the Qs historic is 8.84 cfs for the entire site. The Qioo undetained in the developed condition is 3.40 cfs, so the allowable detention pond release rate must be no more than the following: 8.84— 3.40 = 5.54 cfs. b. All offsite flows must be managed through the site. Typicaily this is achieved by releasing the offsite portions of flow over the emergency overflow spillway, or channeling them around the subdivision. Please note the emergency spillway must be sized to pass the entire 100-year developed storm discharge from the site, and all 100-year offsite contributions simultaneously. a. The drainage report and construction plans have been revised to reflect a new drainage concept. Many of the lot-line swales were removed and the entire drainage study was revised. The revised undetained developed flows are 3.03 cfs. As a result fhe orifice plate on the deten6on pond outlet structure will restrict f/ows to 5.81 cfs or less and thereby the offsite flows will utilize the spillway in the 100-year events. Detention pond volume and freeboard requirements have be checked. Please refer to the Final Drainage Report for additional information. b. The spillway has been designed to handle the full developed condition plus offsite flows. Page 2 of 6 R:�5365 001 TwinView\Communications\Correspondence\MemosU2esponse to Public Works Comments\MEMORANDUM_2008- 04-15_5365_W eld_County.doc � � 2. As requested in the September 7, 2006 and February 5, 2007 review memorandums, an agreement must be obtained from the downstream property owners to perform any grading and construction work, or to disturb any ditches in any way during construction. The property owners have agreed to the location and nature of the release, but have not explicitly permitted access for construction or future maintenance. All agreements shail be documented in writing and submitted to Public Works for review prior to recording the Final Plat. Attachment No. 2: Drainaqe Easemeni with Little Thomason Water District was created to provide access for construction of fhe detention pond outlet structure and permanent access for Twin View HOA mainfenance of the culvert and channe/. HOA covenanfs have been revised to describe responsibilities to maintain the drainage system in the easement. 3. As noted in the September 7, 2006 and February 5, 2007 review memorandums, design calculations must show stable channel conditions prior to the establishment of vegetation. A termination detail was not discovered for rock riprap protection. Please specify a gravel filter per CDOT or UD&FCD guidelines, and support the design choice with engineering calculations in the drainage report appendix. Stable channel conditions have been checked using informafion provided in fhe ditch sizing and culvert sizing section of the revised drainage report The prini outs show that Froude numbers, velceities, channel slopes, etc. are either stab/e or require protection. The design producf for unsfable channels is fhe North American Green SC250 TRM. The design choice was made by consulting on the besf product choice and design mefhodology with a local North American Green vendor. Computer prinfouts are included in the drainage report and include checks for stability under a non-reinforced vegetafed state, a reinforced vegetated state, and a reinforced un-vegetated state. Calculations show stable channel conditions wiih the use of this product for all previously unstable channels under 100 year event conditions. Rip-rap is called out in the plans and the Urban Drainage detail for rip-rap termination is included. Thickness, width, lengths, D�, have been calculated via the methodology in the Hydraulic Structure chapter of Urban Drainage as discussed in the February 1�'meeting. Af all riprap locations, grenular 6edding or approved equal has been specified. Granular bedding details are added in the details section of the plan set. Due fo lot-line swales being removed, the pad grading detail was added to the overall grading sheet in the plan set. This detail describes the recommendations of fhe subsurface investigation and foundafion recommendations report by Land Professionals, LLC dated January 21, 2005, in which grading shall be away from foundation at 10%for a minimum of 10 feet. 4. As requested in the September 7, 2006 and Fe6ruary 5, 2007 review memorandums, please indicate the 100-year headwater depth (HW,00)for all culverts in the construction drawings. a. All of the proposed irrigation ditch cuiverts are designed with slopes that will restrict flow and promote siitation of the ditch and clogging of the pipes, thereby requiring frequent maintenance of the ditch at the ditch company's expense. All 15" CMPs shall be designed with slopes no less than 1.11%, all 15" RCPs shali be designed with slopes no less than 0.32%, and 18" RCPs shall be designed with slopes no less than 026°/o. b. Please note all cuiverts must be designed with a minimum cover of 1.0 ft. The 100-year headwater depfhs were added to fhe drainage report, the first page of the "Onsite Culver Sizing Calculafions"section ofAppendix D. This information has also been added to the culvert plan and profile sheefs in the construction plans as requested. Page 3 of 6 R:15365 001 TwinVew\Communications\Correspondence\Memos\Response lo Public Wwks Comments\MEMORANDUM_2008- 04-15_5365_W eld_County.doc � � a. As discussed at the February 1�`meeting, al1 irrigation cuNerts will be same size or larger than what is currently installed and maintained by the irrigation ditch owner. The ezisting 12"-18"CMP's will be replaced with new 18"RCP's. b. Culverts are designed wifh 1-foot cover to ground, this is noted on sheet 2 of fhe construction p/ans in fhe Storm Drainage Maintenance note and the Typical Plans for Residenfial Drives. 5.As requested in the February 5, 2007 review memorandum, please discuss temporary and permanent erosion control features in the Final Drainage Report, and include a discussion of revegetation plans for the subdivision. The report must specify a Weld County-approved seed mix, which may be obtained from the Weld County Addendum to the USDCM, dated June 2006 or later. This seed mix shall be pubiished in the construction drawing set on Sheet 18 of 25. The "Loamy Plains Clayey Plains, Loamy Slopes"mix found in the Weld County Addendum is discussed in the drainage report, section 4.0 Developed Drainage Characteristics, paragraph 4. It has a/so replaced the previous mix in the Sform Water Management Plan in the construction drawings. 6. The proposed channel designs for DP-3, DP-6, DP-8, DP-9, DP-11, DP-12 (supercritical), DP-13, DP-17, and DP-2O do not meet standards published in the USDCM(UD&FCD 2001). Please revise these channel designs for compliance with all design guidelines published in Table MD-2. a. Please check all swale designs for 1.0 ft of freeboard using a high n-value, and for stability under high velocities and high Froude numbers using a low n-value, per UDSCM guidelines (UD&FCD 2001). b. Please note that the calculated headwater on some culverts exceeds the channel capacity upstream. Please double-check the required 1.0 ft of freeboard on all proposed channels upstream of all culverts. All channels were reanalyzed for the revised drainage concept, and several lof-line swales were removed. Swales were analyzed with manning's n values of 0.030 for stability and 0.035 for capacity. Swales wifh velocities, Froude numbers, or depths above fhe guidelines in Urban Drainage tab/e MD-2, they were considered unstable and erosion control provided. The erosion control product chosen was North American Green's SG250. This is a permanent product that will allow vegetation to establish, but the product will remain to keep the soils stable. 7. Please calculate the required length (L), width (V�, thickness (t), and Dsoof ail rock riprap outlet protection at culverts and non-culvert locations, and identify on the plan view portions of the culvert profile sheets(Sheet 14 and 15 of 25) in the construction drawings. The current calculations do not spec'rfy W or t, and do not utilize outlet velocities calculated by CulvertMaster (published in the Appendices of the Final Drainage Report). The standard velocity of 7.0 fps does not apply to Type B soils, and is an incorrect application of USDCM Chapter 7 methodology. Riprap calculations were redone using USDCM Ch 8 Hydraulic Siructures section 3.4.3.2 thru 3.4.2.4 methodology at culvert ouUets. North American Green TRM's were selected for non-culvert locations as described in the response a6ove. 8. Please calculate and specrfy the required length (L), width (W), thickness(t), and Dso of ail rock riprap aprons at non-culvert locations. These dimensions must be supported with engineering calculations and identified in the construction drawings. Same as above. 9. Please size appropriate rock riprap or other revetment for the detention pond overflow weir using engineering calculations consistent with guidelines published in Chapter 8 (Hydraulic Structures) of the USDCM(US&FCD 2001). Same as above. Page 4 of 6 R:�5365_001_TwinView\Communications\Cwrespondence\Memos\Response to Public Works Comments\MEMORANDUM_2008- 04-15_5365_W eltl_Counry.tlx � � 10. The Ke used for all culvert calculations is too low. Any flared-end section shall have a Ke of 0.5 or greater. Concrete pipes shall utilize Scale 1 (Ke = 0.5) in hydraulic calculations, not Scale 3 (Ke= 0.2). Metal pipes shall utilize Chart 2, Scale 1 (Ke =0.5), and a Manning's-n value of 0.025 per the Weld County Storm Drainage Criteria Addendum.All entrance conditions shall be changed to "End-Section Conforming to Fill Slope" in the CulvertMaster calculations. We used"Square edge w/headwall"to get a Ke of 0.5 on concrete pipes, using the culvert master software. Irrigation Ditches: 1.As noted in the February 5, 2007 review memorandum, the irrigation ditch bisecting the site from northeast to southwest is impacted at multiple locations, including the pedestrian walk, storm drainage culverts, at the cul-de-sac, and the new 15"culvert in the ditch itself. Access and specrfic easements for the purpose of ditch maintenance shall be provided. An agreement must be provided from the owners/operators of the ditch documenting acceptance of the construction easement and access agreement prior to recording the£nal plat. See commenf response to Final Plat No. 4. Also refer to Attachment No. 3— Permission fo construcf in Irrigation Easement. 2. Please provide documentation for the 2 cfs of ditch flows ident'rfied and utilized for calculations in the Final Drainage Report. See attachment No. 4. Irrigation Flow Quantity email from the Little Thompson Water District. Flow is esfimated conservatively as 5 cfs per the headgate size. There are areas in the site where the existing irrigation ditch does not have capacity for 5 cfs buf all culverts were sized for that flow. ConsUuction Plans: 1. The cul-de-sac bulb on Twin View Court has been shifted to the west to alleviate subgrade moisture concems near the open irrigation ditch. The applicant will have to provide evidence of stable subgrade to Weld County before paving and release of surety can occur. A note was added to the fypical section in the construction documents. 2. Please show the 6-inch base on the Typical Road Section extending into the adjacent ditch for adequate drainage of subgrade material. Added to typical section in the consfruction documents. Improvements Agreement: 1. As noted in the February 5, 2007 review memorandum, the off-site improvements Agreement is acceptable as submitted with the following changes: a. Add a new paragraph 2 E to read; If, during the term of this agreement,Weld County performs a paving project on WCR 3, adjacent to Twin View Estates, any monies in escrow or monies to be deposited in escrow in accordance with this agreement, may be applied toward a WCR 3 paving project. Added to agreement and submitted to Planning Department. 2. The on-site Improvements Agreement is acceptabie with the addition of estimated construction costs for the pedestrian walk. The water transfer amount shall be ver'rfied by the Little Thompson Water District. If the Little Thompson Water District has an agreement with the developer, and indicates in writing they do not require Weld County to hold surety for water transfer, that amount can be deleted. Page 5 of 6 R:\5365 001 TwinVew\Communications\Correspondence\Memos\Response to Public Works Comments\MEMORANDUM_2008- 04-15_5365_W eld_County.doc � � The construction of the path is included in the site grading and culverts items. Attachment No. 5 is an email from Mike Cook, the Little Thompson Water DistricYs Engineer, stating that they do not�equire surety on tap fees. Anachments: No.I Irrigation Ditch Access Agreement No.2.Dlainage Fasement with Little Thompson Water Dfscnct No.3 Permission[o construcl in Irrigation Easement No.4 Irtigation Flow Quantity No.5 LTWD email Page 6 of 6 R:15365_001 TwinView\Communicalions\Correspondence\MemosV2esponse fo Public Works Comments\MEMORANDUM_2008- 04-7 5_5365_W eld_County.dx �µ� 1 06J27/2085 11:35 9702 64458 ; I�5 raut na � � rc' � �I �IASLM�1(,FONFAI2A.AND MA�I�W�Id.I..�' ' II AT[oxNEYSArLnw I . � � Sf�cth2S South Howes Sqed � � � . . . ,� FortColUns,Colorado 80521 �� .. TIMO'fHYW.HA9IER . �MeiimgAddress: . : JOSEPH3�.FONFARA PostOfficeBoz2267 j MICFIAkI.A.MAXwE�,I, i FortCo0ins,Coloredo 80522 � � T1MOT'fiY I,.GODDARA� � � i . � .7e! houo - �(9 0) . ep 7 493-5070 i �Facsimile� (970)493=9703 ' ' June 23, 2005 i i � Weld CounCy, Colorado � I � " Re: Twi❑ V�.ew Estat6s TO w8OM IT MA,Y CONGER�: i This law firm zepresents Twin View Estates, LLC, which is the owner and develo'er of the above project (and is hereaftex refe:rred to as "Owne�") . Owner has. requested that we provide weld County with an � oginion regarding Qwner' s right to cross certain ditches rixnn�.ng thxaugh the project area pursuant ta granta of easet[tent c}ontained in that certain Quit Claim Deed ' dated �ctober 1, 196'�, recorded December 7, 1967; in Sook 569r . at Reception No. 151b620 of the Weld County, Colorado records, and dated October l,j 1967, recorded December 7, 1967, in sook 589, at Reception hfo. J.510621 of Lhe Weld County, Colorado records (jointly, the� '�Easements") . Sinae the documents creata.ng the Easements do not speCify that the Easements aXe "exclusive, ^ Colorado law is cleaz that the easements will tie considered "non-exclusive." Given that the easements� are ❑''ion-exclusive, Orrner. . as �dwnoz of the fee estate over which , the easemenCs cross, has a reasonable right to use the area of th� Easements, subj�ct only to the dominant interest of the easement holder. �ecifically, Ownex has the right to cross the ditch located on the Easements without the consent of the easement holcier provi.ded onlv that Owner does so in a ntannex whzch will not unreasonably inhibit the easement holder's abilitv to �usa same, to maintain fhe clitch to spray and buzn weeds, and� provided triat Owner does not damaqe the ditch s�ruature itself. See, Osborn � Cavwood Ditch Co. v. I , ; --- ----------. . . � .. _._--- --- ----� _ _ _ --- _-- ' nc�zrizen5 xx:s5 yrnroevaoa nrcuoo �,-,� �� . � A(A51,�R,Ft)NFA.RA.AIVAMAXW�I.kLLP Weld County, Colorado � nrroxro�Ysnrti.w June 23, 2005 Page 2 I I � -Green; 673 P. 2d 360 (CoJ.o. 1983) . AZ1 of thes� concerns can be I addzessed by appropriate design of the. crossi.ng, again without trie cottsent of the easement holder: � Sincexely, �_ _ • MICHAEL A. MAXWELL � . MAM/r1w - . Gc: Mr. Bnrton C. Kross - via e-mail - � � � — • al'fAGNMEnT[ Z �� R�a�aat. 3552803 05/08/2008 04:15P Weld Counry, C0 xxevuonx�- 1 ot 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder EASEMENT antedthis 24th '� dayof--- April � � 2008 ,between � . � � : THIS EASEMEN7.Sr . . � . - � .. -Li[tle Thompson Water District . � . � - � whose legal addres,s is 835 E.Highway 56 . . � ,State otColorado,the Grauto5�?nd ofthe ��TownofBerthoud '�Ty'°f �Larimer � . . � � . � , - LovelandPeaks,LLC -� �-- � : . . �. - . Wb°�� 2219Smal1woodDrive � � � � - . - - � - � ,and State of Coloradq tl�e Grantea of the �'City of FL Collins 'County of . Larimer � _ � . _ WITNESSETH�ihat the G[antor,(or and in consideretion of the sum of . . -. � doUars� Zero pyid tn.the Grantor by the Grantec,the receiPt and suB'iciencY of Which is hereby aclaowlctlged,does bereby grant,bar�in�sell;and conveY . . to Q�e Grantee aa easement tor ihe Pu*Poses of ca�ne n.+.m��i�ct�°a we m«.rm'm"°°`'�"°°n"°"'an,ac7 A 30'x 100'permanent easemen[,more fully described on Exhibi[A,attached and incorporated herein,to co�struc[,lay,install,inspect,moniror,maintain,repair,renew,subs[itu[e,change tt�e size of,replace,remove,operate and use a drainage culvert and outfall ditch,tivough, 1 of rcal proDertY��te in tLe N W 1/4 of Sec.8,T4N,R68W Covut7'of over aod across Uu followiag de.tccibed Parce ' � W eld and State of Colorado to wie I I '�, I This Easemwt is for the benefit of and apDurlenani to ihat land,or anY part lhereof,situate iu the � � County of and State of Cdorado,and described as: Weld � See Exhibit A. . This Easement shell exp've upon the happening of the following evenb m at�e time set forth below,whSchever is earlier: , N/A Perpetual Easement � � � The Grantee agrees to repair and maintain the easement granted hereiu at t6e cosl and expense otthe Crrantee,and that said Gnntee will � in no w ii or prevent the proper an asonsble use a d enjoyment of We pmpy rou ; ment is gcsated. / �_____---�=�=�1 `�"'� GraWee . '�1 /�7'11^Ct�(-'L LUUt�w�t'/�Ic'LC`o�.[.. STATE OF COLORADO ��•r o� 1 sT• courrrYOF �>G:pTqD°�F� f � ��L , 2oos , - 'Ihe foregoing instNment was aclmowl dg ��s Gsf � br KTGNB�II HH, witt f�6 . � . : � Witness my hand and offi�s�,./ ; ; � � Mycommissionexpires: (0�� ;�A G Noveywbtic •IIinDenver,insert"Ciryand". 9 •��VBL�: Q. Nuve pud Add�cas o[Pcrtm CRalioe Newly Geaud Iseellksrn . No.1134.Rev.6-92. s,vSe�u:Nr m . � � Bndfmd PuDlishivg 1743 W+ue Sc.,Dmvu,CO 802V1-(703)2924500-I IAS � � � TETRA TECH, INC. ( I"III 'll'I IIII'I IIII' II'll III' IIII�'I III "II' IIII I'll 3552803 05/08/2008 04:15P Weld County, C0 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Reeorder LEGAL DESCRIPTION A DRAINAGE EASEMENT ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION S, STOATE OF COLORADO, MORE PART CUOLAR YEDESCFIBED AS FOLLOWSCOUNTY OF WELD, COMMENCING AT THE NORTH QUARTER OF SECTION 8 W HENCE THE NORTHWEST CORNER OF THIS DESCRIPTIONAT ENOE ALONG THE NORTH LINE OF T ORNORTHWEST QU RTER OF SAID R SECTION S SOUTH 89°25'46"WEST 791.30 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°34'14" EAST 30.00 FEET; THENCE SOUTH 89°25'46" WEST 100.00 FEET; THENCE A ONG SAID NORTH INE NORTH 89°O25'4fi IEASOTN 00.00 TORTHE OINT OF BEGINNINOG.B� THE ABOVE DESCRIBED EASEMENT CONTAINS 0.068 ACRES MORE OR LESS. Op REG/gt P . ...... F � :• " �BR/�{q• F C%�'2 F • R A1VD�@��,-�� RA TECH INC. B �ETE `g C ADO PROFE5 AL LAND SURVEYOR NO. 20673 -� •. :J� `PJi �.....•'pS � A I 1 �N SHEET 1 OF 2 02/29/0S q;�,5�g2_001 TWIN VIEVJ�Documents\DFAINAGE EASEMENT.doc 79005.Sunset5treet,SuitebP Longmont,CO9050t Te1:303.772.5262 Fax:303.7R7039 . www.tetratech.com i iiiiii iii�i iiiiii iiiii iiiii iii�+iii iii iiiii iiii iiii : 3552803 05/0812008 04 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBITA A DRAINAGE EASEMENT IOCATED IN THE NORTHWEST QUARTER OF SECTIOtd 8,T4N,R68W OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO r z a > z m w NORTH LINE ° SECTION a OINT OF P��T OF � BEGINNING COMMENCEMEN N yd OF w SECTION 8 � N89"2 '46" S89°25'46"W T4N R68W 5 1 .00' 791.30' FND 2-�" ° ALUM CAP g NW CORNER DRAINAGE EASEMENT PLS 23500 o OF SECTION 8• 0.068 AC. - g T4N R68W A 3 FND 3-Ya" S89" 5' "W o ALUM CAP 0.00 m PLS 7242 E m N 0 0z L N n � u'� a 3 � w > Z � $i 0 15' �� 30' 60' N Q � THIS EXHIBIT DOES NOT REPRESENT A z MONUMENTED SURVEY. IT IS ONLY SCALE: 1" = 30' � INTENDED TO DEPICT THE ATTACHED o DESCRIPTION < m Drawing Description Project No.: 133-5192-001 � � TETRA TECH oate: oz-2s-oe N Designed By: SS � Drawing No. m wwx.tetratech.com LL ,soos.sur+sErsrn�Er EXHIBITA `Z OF `Z T LONGMONTCOLORAD0.80501 i PHONE:303-77232ffi FAX:303-772-7039 LL Copyright:TeVa Tech "i _... /kr_r'AC,EI µcNT 3_ ---- -- ---- I . 11/09/2065 14:44 9 445S _ I�iS PAGE 92 I Ot�ober�2Q�5 � To Whom It May Cpncem: 'i I. �YUcr � ,,,,`�,� � �alf af tha Genevieve Clerk Trust, and as � resident of the property served by the irrigadon latera� dit� qnss(ng the sauth ; east portion ot the proposed g-�of development proposed by Twin View Estafes, ILLC properry; do hereby acknowledge and agree lhat the Proposed q-ossing crF the irrigation lateral ditch with one or more restder�tial drlveways arni assoctiated culverts will not interfena wkh the use and operation of the dkch_ � ` Signed �� 5� - �"��-- ` Date /y �_,;{r C� � � � i ' j � � Christy, Rich �p�,Nu�,� �, From: Michael Cook[mtcook@Itwd.orgJ Sent: Wednesday, January 30,2008 10:51 AM To: Christy, Rich Subject: FW: Questions for the Twin View Estates plat The ditch and culverts needs to be sized to handle up to 5 Sec-ft as that is the capacity of the headgate. Mike Cook From: Michael Cook Sent: Wednesday,)anuary 30, 2008 7:09 AM To: 'Christy, Rich' Subject: RE: Questlons for the Twin View Estates plat Rich: Please send me an updated description of the work to be done for the ditch and outlet. Were you in need on an easement for the improvements or some agreement to record? We are still working on the ditch and culvert. Mike Cook From: Christy, Rich [mailto:Rich.Christy@tetratech.com] K� Sent: Monday, January 07, 2008 8:52 AM To: Michael Cook Cc: Eustice, Becky; Light, Lauren Subject: Questions for the Twin View Estates plat Good moming Mr. Cook, As we discussed on the phone, below are the four questions pertaining to Weld County's comments on the Twin View Estates plat, construction documents, and drainage report. I appreciate you looking into these and helping us resolve them. Little Thompson Water District Items: 1. Agreement to construct detention pond outlet str�cture and maintain ditch improvements. 1 can provide you with a letter describing the area in question. I am attaching the previous letter with the information. However, we will be releasing less and detaining more per other comments from the County. Instead of releasing 8.84 cfs, we will release 5.54 cfs from the detention pond. 2. Verify the tlow in the irrigation ditch. We were told 2 cfs by the previous land owner. 3. Are 15" CMP culverts acceptable to convey irrigation flows across Twin View Estates? This is the current culvert rype, Weld Cou�ty is concerned about siltation and maintenance requirements. 4. Any possibility of not requiring Weld County to hold surety for water transfer amount?From our phone call, Little Thompson Water District is not requiring the escrow oftap fees. The County is escrowing the amount for the onsite waterline construction. Thanks again and please let me know if you need any more information from me as you look into these items. Richard Christy,P.E.�Project Engineer Direct:720.864A521 �Main:303.772.5282�Fax:303.772.7039 Rich.Christy�a telretech com Tetra Tech 1900 S.Sunset Street Suite 1-F �Longmont.CO 8050 t �www.tetratech.com PLEASE NOTE: This message.including any aflachmenis,may indude privileged.conOdential andlor insitle Informatlon.Any disiribution or use of ihis communication by anyone other ttian the intendetl recipient is stric[ty pmhibited and may be unlawfui. If you are not the intended recipient,please notify the sender by replying to this message and then delete it from your system. 4/14/2008 Christy, Rich = • � 5- From: Michael Cook[mtcook@Itwd.org] Sent: Tuesday, April 22, 2008 6:57 AM To: Christy, Rich Cc: Richard HH. Whittet; Judy Dahl; Ken Lambrecht Subject: RE: Little Thompson Policy on Water Taps You are correct we do not require escrow of funds for construction or water rights. Mike Cook From: Christy, Rich [mailto:Rich.Christy@tetratech.com] Sent: Monday, April 21, 2008 3:30 PM To: Michael Cook Subject: Little Thompson Policy on Water Taps Mike, A few months ago we discussed over the phone whether or not Littie Thompson Water District requires funds to be escrowed for water taps on new development projects. My notes indicate that LTWD does not, as long as there is money escrowed for the construction of the waterline itself. I'm referring to the Twin View project, and Weld County's on-site improvement agreement(attached and the last item of"Water Transfer"). Could you please verify via email that L7WD does not require funds for the line item "Water Transfer"? Thank you, Richard Christy,P.E.�Project Engineer Direct:720.864.4521 �Main:303.772.5282�Fax:303.772.7039 Rich.ChrisNCcdtetratech.com Tetra Tech 1900 S.Sunset Street Suite 1-F��ongmont,CO 80501 �www.tetratech.com PLEASE NOTE: This message, induding any a8acbmenis,may indude privileged,confidential and/or inside information.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful.If you are not the intended recipient,please notiy the sender by repiying to ihis message and then tlelete R from your system. 4/23/2008 � � � TETRA TECH May 16, 2008 Ms. Michelle Martin, Planner Weld County Department of Planning Services 4209 WCR 24 '/z Longmont, CO 80504 RE: Twin View Estates, LLC; PUD Final Plat for nine (9) lots with (E) Estate uses and one (1) common open space outlot (11.29 acres) in VJeld County Deaz Michelle: Thank you for your review of the Twin View PUD Final Plat submittal as described above. This response letter specifically addresses the Conditions of Approval and notes to be placed on the Final plat. Below is a list of the key issues outlined in your comments and our responses: Condition 1. A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regazding Collateral for Improvements including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. Please see the attached Draft Improvements Agreemenls for the offsite and onsite improvements. Once these have been reviewed, a final agreement with the appropriate collateral will be submitted to you. Three copies of the[owest bids are included as well as you requested. Condition 1. B. The applicant sha11 submit to the Weld County Departrnent of Planning services a bid for the proposed landscaping listing all materials and labor costs as outlined in the Improvements Agreement. The applicant shall make the appropriate changes to the Improvements agreements as stated by the Department of Public Works in their referral dated 9/13/06 and then resubmit copies of the Agreement for final approval by the Weld County Department of Public Works and the Weld CounTy Department of Planning Services. The appropriate changes requested by the Department of Public Works in their referral dated 9/13/06 have been made. Please see attached bid for the proposed landscaping listing the materials and labor costs as outlined in the On-sile Improvements Agreement. (See above response to comments) ,�-� �>�� , i � i„� , . � re� _ .��z Faz' �• . ,. ,. ,..� e��-.,r�� co„ � � Page 2 Ms. Michelle Martin May 16, 2008 Condition 1. C. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed and approved the Restrictive Covenants and Homes Owners Association Incorporation paperwork for the Twin View Estate PUD. Any changes requested by the Weld County Attomey's Office and Planning Department shall be incorporated. The Home Owners Incorporation paperwork and Restrictive Covenants are attached for review by the County Attorney's office. The attached Covenants have incorporated Conditions ofApproval Z.M. 1)-7). Bruce Barker reviewed the covenants previously and all comments from Mr. Barker have been incorporated. The plat wil[be an attachment to the Covenants and includes the most current Right to Farm. Condition 1. D. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Twin View Estates in the Office of the Clerk and Recorder. This condition is acknowledged Once the Covenants have been reviewed¢nd approved by the Counry Attorney's office, and aLl fnal changes are made, the final Restrictive Covenants will be submitted to the Planning Department with all the appropriate fees for recording. Condition 1. E. The applicant shall provide written evidence from all applicable service agencies including Berthoud Fire Protection District, the Weld County SherrifPs Office, Ambulance provider, and the Post Office to the Department of Planning Services indicating that the proposed street names are in compliance with their identification/naming protocoi/addressing. This item is complete and documentation is currently in the Planning Department fc[es. Condition 1. F. The applicant shall submit evidence to tbe Department of Planning Services that the Homes Owners Association has been recorded with the Secretary of the State. This item is complete and updated documentation is included with this letter. Condition 1. G. The applicant shall submit deeds to the Department of Planning Services for recording of the outlot and open space areas deeding them to the Twin V iew Estates Home Owners Association. The deed is included with this letter. Since the plat is not recorded, the lot does not legally exist A signed deed wil[be submitted with the mylar for recording. All applicab[e recording fees will be submilled with the deed. • � Page 3 Ms. Michelle Martin May 16, 2008 Condition 1. H. The applicant shall address the requirements (concerns) of the Weld County Public Works Department, as stated in the referral responses dated 9/7/06 and 9/13/06. Evidence of their approval shall be submitted in writing to the Weld County Department of Planning Services. Several meetings have taken place between Tetra Tech ¢nd the Weld Counry Public Works Department. A[I concerns have been addressed A memo from Public Works and the Tetra Tech response and itnal drainage report are attached to this letter. Condition 1. I. The applicant shall attempt to address the requirements (concerns) of the State of Colorado Geological Survey as stated in the referral response dated 9/9/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. This item is complete and documentation is currently in the Planning Department files. Condition 1. J. The applicant shall attempt to address the requirements (concerns) of the Division of Wildlife as stated in the referral response dated 9/14/06. Evidence of such shall be submitted in writing to the Weld County Departrnent of Planning Services. This item is complete and documentation is current[y in the P[anning Department fi[es. Condition 1. K. The applicant shall provide the Weld County Department of Planning services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. A Statement of Tazes obtained on April 9, 2008 rs attached to this letter. A final updated Statement of Taxes will be submitted with the final mylar. Condirion 1. L. The applicant shall address the requirements of the Weld County School District RE-2J as stated in the referral response dated 8/16/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The final plat has accommodated the concerns of the Thompson School District R2-J in regard to bus stop area and the app[icant will pay the cash-in-lieu fee and submit evidence to Weld County with the final mylar. Condition 1. M. The applicant shall make the following changes to the covenants. 1) through 7). New covenants have been drafted and are attached to this letier for submittal to the County Attorney and P[anning Department for final review and have incorporated Conditions ofApproval I.M. The plat will be recorded with the Covenants, as an attachment and includes the current Right to Farm Statement. � � Page 4 Ms. Michelle Martin May 16, 2008 Condition I. N. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats aze .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats aze ArcView shapefiles, ArcInfo Coverages and ArcInfo Export files format type is .e00. The preferred format far Images is .tif(Group 4). (Group 6 is not acceptable). This is acknowledged and wiQ be submitted with the ftna[my[ars by Intermill Land Surveyors. Condifion 1.O. The Plat shall be amended to include the following. Items 1) through 16) These items are completed and the plat has been amended to inc[ude them, as well as Condition 2.A. through AD. (Notes on the plat) Item 1.0. 4) indicates that Mark Kross and Stephen Greenlee shall sign the plat and this has been changed to Joe McCarthy, as manager of Loveland Peaks, LLC. Item 1.0. 12) indicates th¢t the p[at shall delineate an easement granted to the Conso[idated Home Supply Ditch perm Book 557 at Reception Num6er 1478663. Intermill Land Surveying has researched and conftrmed that this Book and Reception Number does not affect¢ny of the properry for Twin View Estates. The ditch is located within the vicinity of the property, but not on this property. Item 1.0. 14) The location of the monument signs are shown on the plat and will meet the requirements ojthe Weld County Code and Development Guide approved for this PUD. A final design wil!be submitted to Weld Counry at the time of bui[ding permUs. Two paper copies of the final plat are induded wUh this submi2tal. We appreciate the opportunity to work with the Planning Department on this project. If you have any additional questions or comments, please feel free to contact me. Thank you for your time and input on this project. Sincerely, TETRA TECH , '� , . � i' �� _ _. `y 1rC'<; �1�� Julie Cozad �_.' Planning Department Manager Pc: Jay McCarthy Joe McCarthy � � Twin View Estates p Unsigned Plans � , � Budget For Construction � • i �� To: Joe G. Mcarthy From: Sean Tisone 7251 W.20th St., Bldg L, Suite 101 Guillermo Hernandez Greeley, Coloredo 80634 Phone: (970) 330-5070 Fax: (970) 330-6044 Date: October 25, 2007 General Sitework $ 27,949 Dirt Work $ 77,794 Erosion Control $ 19,483 Water Main $ 70,079 Storm Main $ 80,280 Paving $ 136,149 TOTAL $ 411,734.10 Ezclusions: Permitting, Development Fees; Unstable Street/Parking Subgrade; Rock Excavation, Haul-Off and or Disposal: Stabilization of Trench Bottom; Dewatering and Dewatering Permit; Relocation of Existing Utilities; Frost or Winter Protection; Import or Export of Material for Dirt Work; Landscaping and Irrigation Systems; Muck, Rock, or Frost Excavation for Dirt Work;Storm Water Management Inspections; Bond(s); dry utility conduits; Base Course on walking trail. Crow Creek Construction, LLC: Accepted: By: By: Title: Title: Attest: Attest: Date: Date: � � Surveying 9 /lot $ 1,820.00 $ 16,380.00 Materal Testing 9 /lot $ 1,175.00 $ 10,575.00 Traffic Control 2 /day $ 108.00 $ 216.00 StreetSigns 2 /ea $ 388.80 $ 777.60 $ 27,948.60 Strip topsoil to stockpile 11,578 /cy $ 1.57 $ 18,177.46 Cut to fill onsite 10,654 /cy $ 2.15 $ 22,906.10 Excess material stockpiled on-site 19,377 Icy $ 1.66 $ 32,165.82 Trail grade seed and mulch 5 /ac $ 1,010.00 $ 4,545.00 $ 77,794.35 Straw bale barrier 22 /ea $ 54.00 $ 1,188.00 Siltfence 3,400 /If $ 1.24 $ 4,216.00 Inlet Protection 1 /ea $ 210.60 $ 210.60 Concrete washout pit 1 /ea $ 1,458.00 $ 1,458.00 Vehicle tracking control pad 1 /ea $ 510.00 $ 510.00 Temp seeding and mulching 20 /ac $ 595.00 $ 11,900.00 $ 19,482.60 8"C900 DR-18 Water(Native Bedding) 2,934 /If $ 12.04 $ 35,325.36 8" Gate Valve w/megalugs 9 /ea $ 850.00 $ 7,650.00 8" MJ Tee W/Mega lug 1 /ea $ 455.00 $ 455.00 8" MJ Bends W/Mega Lugs 9 /ea $ 185.00 $ 1,665.00 FireHydrantAssembly 2 /ea $ 4,073.00 $ 8,146.00 3/4"Waterservices 9 /ea $ 1,210.00 $ 10,890.00 Tie to Existing WL WCR3 1 /ea $ 2,052.00 $ 2,052.00 Tie to Proposed WL SE Corner 1 /ea $ 1,115.00 $ 1,175.00 8" Plug W/Temporary Blowoff 1 lea $ 1,930.00 $ 1,930.00 WL Testing 2,934 /If $ 0.29 $ 850.86 $ 70,079.22 � � 15"Class III RCP 221 /If $ 24.49 $ 5,412.29 18"Class III RCP 300 /lf $ 25.13 $ 7,539.00 24"Class III RCP 187 /if $ 34.81 $ 6,509.47 15"CMP Pipe 58 /lf $ 65.47 $ 3,797.26 15" FES RCP 2 /ea $ 316.00 $ 632.00 18" FES RCP 11 /ea $ 356.86 $ 3,925.46 24" FES RCP 6 /ea $ 436.44 $ 2,618.64 Pond Outlet Structure 1 /Is $ 4,914.00 $ 4,914.00 Weir Wall 1 /ls $ 3,132.00 $ 3,132.00 Type M Rip Rap 648 /cy $ 54.23 $ 35,141.04 24"x 38" HERCP 44 /If $ 59.50 $ 2,618.00 24"x 38" FES 2 lea $ 562.00 $ 1,124.00 19"x 30" HERCP 32 /If $ 53.40 $ 1,708.80 19"x 30" FES 2 /ea $ 515.00 $ 1,030.00 Plug existing CMP 1 /ea $ 178.00 $ 178.00 $ 80,279.96 Subgrade Prep 5,835 /sy $ 1.47 $ 8,577.45 Final Shape& Place 6" Base 5,835 /sy $ 6.16 $ 35,943.60 CR water line patch if Needed 33 /sy $ 83.43 $ 2,753.19 3"Asphalt 5,835 /sy $ 11.62 $ 67,802.70 9" Base Shoulder 1,760 /sy $ 10.04 $ 17,670.40 Raise Valves in Asphalt 9 /ea $ 378.00 $ 3,402.00 $ 136,149.34 Grand Total $ 411,734.30 . � � Tota� $ 16,344.00 $ 10,534.00 $ 324.00 $ 778.00 $ 27,980.00 Total $ 18,124.00 $ 22,945.00 $ 32,z».00 $ 4,530.00 $ 77,816.00 Total $ 1,188.00 $ 4,223.00 $ 211.00 $ 1,458.00 $ 506.00 $ 77,880.00 $ 19,466.00 Total $ 35,323.00 $ 8,462.00 $ 454.00 $ 3,093.00 $ 8,146.00 $ 10,888.00 $ 2,052.00 $ 1,114.00 $ 1,929.00 $ 846.00 $ 72,307.00 • � � Total $ 5,412.00 $ 7,539.00 $ 6,510.00 $ 3,797.00 $ 631.00 $ 3,925.00 $ 2,619.00 $ 4,914.00 $ 3,132.00 $ 35,138.00 $ 2,618.00 $ 1,123.00 $ 1,709.00 $ 1,029.00 $ 778.00 $ 80,274.00 Total $ 8,552.00 $ 35,920.00 $ 2,753.00 $ 67,789.00 $ 17,677.00 $ 3,780.00 $136,471.00 $414,314.00 � � Twin View Estates OFFSITE � Unsigned Plans - - � Budget For Construction . . �c To: Joe G. Mcarthy From: Sean Tisone 251 W. 20th St., Bldg L, Suite 101 Guillermo Hernandez Greeley, Colorado 80634 Phone: (970) 330-5070 Fax: (970)330-6044 Date: Octo6er25, 2007 General Sitework $ 7,614 Erosion Control & Dirt Work $ 19,379 Water Main $ 58,076 TOTAL $ 85,069.15 Exclusions• Permitting, Development Fees; Unstable Street/Parking Subgrade; Stabilization of Trench Bottom; Dewatering and Dewatering Permit; Relocation of Existing Utilities; Frost or Winter Protection; Import or Export of Material for Dirt Work; Landscaping and frrigation Systems; Muck, Rock, or Frost Excavation for Dirt Work;Storm Water Management Inspections; Bond(s); dry utility conduits; exclude Proposed PRV&Vault Rock Excavation, Haul of and or Disposal. Crow Creek Construction, LLC: Accepted: By: By: Title: Title: Attest: Attest: Date: Date: + � Traffic Control 12.00 day $ 567.00 S 6,804.00 Landscape Repair 7.00 Is $ 810.00 $ 810.00 $ 7,674.00 Road Repair(road base) 250.00 sy $ 18.90 $ 4,725.00 Strip Top soil and replace 3,703.00 cy $ 7.62 $ 5,998.86 Clean up Site 1.00 Is $ 2,718.67 $ 2,718.67 SiltFence 2,779.00 If $ 124 $ 3,371.56 Seed and Mulch 2.50 ac $ 1,026.00 $ 2,565.00 $ 19,379.09 m ' �1�. 8"Water Line Main 3,460.00 If $ 12.44 $ 43,042.40 6"Water Line Main 11.00 If $ 20.69 $ 227.59 Gate Valves and Boxes s.00 ea $ 548.71 $ 4,389.68 8"MJ Tee 2.00 ea $ 472.02 $ 944.04 8"MJ Bend 3.00 ea $ 284.44 $ 853.32 6"MJ Bend 1.00 ea $ 193.12 $ 193.12 8"x 6" Reducer 2.00 ea $ 207.44 $ 414.88 Blow Off Assembly 2.00 ea $ 1,793.91 $ 3,587.82 Air Vac Assembly 1.00 ea $ 2,191.58 $ 2,191.58 1"Service Lines 1.00 ea $ 859.09 $ 859.09 2"Service Lines 1.00 ea $ 1,196.54 $ 1,196.54 6"Plug wITB 1.00 ea $ 176.00 $ 176.00 $ 58,076.06 Total $ 85,069.15 . � � Tota� g s,soa.00 g s�o.00 ToWI $ 4,725.00 $ 5,992.00 $ 2,719.00 $ 3,377.00 $ 2,565.00 Total $ 43,028.00 $ 228.00 $ 4,390.00 $ 944.00 $ 853.00 $ 193.00 $ 415.00 $ 3,588.00 $ 2,192.00 $ 859.00 $ 1,197.00 $ 176.00 , � � / 1739 South County Road 13c;Loveland, C0 80537 �ERf�ARO office 970.669.1463/fax 970.669.1964 .Developing A Cominon Puture DAT�: October 25, 2007 TO: iay McCarthy FROM: Chad Holman RF,: Twin View Estatcs Attached is Gc�rard's proposal for ihis projccL Proposal is bascd on unsigncd plans by Tctra �Ccch RNIC datcd, Scpicmbcr 14, 2007 as well ��s plai�s by Wohnrade Civil Ei�ginccrs datcd September 2007 for the off-site water main improvements. Per your direction, ihe off-site waterline improvements have beeo broken out from the onsite costs. Please be surc ro reciew borh proposals. The overlot grading will gci�crate approaimatcly 24,000 CY excess materiaL "�he excess material (and topsoil)will be stockpiicd onsite per thc owner's direction. OUALIFICATIONS L PVC prices�re valid �br 30 days �nd are subject to review thereafier. ?. Asphalt prices are based on cuiTent projcetinns �i�r`L003. Asphalt prices may nced to be edjusted dcpcndi�g on actual prices (or ne�:t�-cur. 3. Roadb�ue priccs are valid through 2007. d. Siriping is cscluded (no information ;wailablc un plans). �. Gerrard's will provide the en�incer uf rceord �aith s�u�vey information regarding the ponds, swalcs, �nd asplialt surfnce lor his �isc in pund/drainage c�rtilications. Utility construction rcd-linc drawiugs w°ill be completed by Gerrard's and turned into the cngineer oCrecord for his use in crcxting the us-built drn��ings �or die �cater disVict. 6. I?rosirn� control mcasures will bc installcd onc timc per thc crosio� conuol plun siapplied in thc bidding �locuments. 7. Colorado Dcpsrtmcnt of He�lth �nd I�m-ironmcnt Stormwater llisch��ree and Air Pollutiou Gmission �v�oticc permits arc cvcludcd. S. �I�hc pcdcstrian wulk docs not includc scarily :md recompact. W�lk will hc gradcd only. Surlacine oC�valk to be by otliers. 9. llc�vatering is excluded. IQ Road subgrade st.ibilization is eacludcd (il reyuired). I I. Drivc�vay cukcrts nre escluded (sl�ou(d be done flt time uFhome construction). I?. .411 ��ter serviccs arc priccd as','�" with standard residciitial meter pits. 13. Plans do not specif�� t� model numbcr thc G'�or Z'� pressure reducine ��ah�es [hat xre to bc installe� in thc propusud PRV vault Ibr thc L�1�\0�U. �1'I�is inlbnnatiuu ��as not pruvidcd b�� Twin View Esates Cover Letter Oct 2007 Proposal.doc � ! LTWD when requested for. A budget of$5,600 for U�ese two valves has bcen included in this proposal. Final pricing will be detennined once this inforniation is provided by L"1'N%D. 14. Proposal assumes that the power company's connection is no more than 20' from the PRV Vault for connection witl�the telcmetry unit. The transfonner for ihe power company is excluded (to bc by° the power eompany°). 1�. Re-seeding of the farmer's field that is to be distmbed for tl�e construction of the off-site water line is eacludcd. Vegetation stripped offprior to the water line installation will be spread over the work area and graded. Pleasc call ifyou htivc any questions. �� Chad Holma� � � — o0o eM�o �oo aaoo o ao ! oo�m�� o�� m �� o m�o� m � i �i �� a � � -��. I H I � a � ; � �I� _ w �� a oo ��oo � eo �� oo o _ � m �n v.�`°-o � a � ,. �zr2 _ y� � � � � � S T O ' �� I'J °' E . _ ��_ w w» �n�nen�n �nn�n�n »�nwwesi»an�ntn�vi�nu�u�u�� c I I'. QU>,I . 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I il ili _ —— _. _—__ __ _— .. , ;I II I!ll,� � - i IIII II ' � ��. ��F a � I - � F IC� > � il I ' � 3 III Ii N I� . ��QI� � I ��, p iU a � � w d IN� I I p -� W ' il � ° � a I° I rc K �,O: � •� i ia y� .'�,w il` O .� ._ �y�fi �ajk I � . � � I,f a . �r--, �,� � ��o �o I �!� m i,n = m ' ._. , V,� 3 m 'F- � � � ADDITIONAL PROVISIONS L Gf�;NF.lLAL F:XCLUSIONS:.VI�ener�l e.�clusions upply unless spc:i'ically addressed in this bid. Dewatering,rock removal,erosion control,winter protection,sev<re Irost re�noval,soil stabiliza[ion and impott or export of filL ReFa�irs to e.cisting londscapc areas or sprinkler sysLems if ncccsaary to be by othcrs. �. SCOPE_�he purch05er shal I Le the pe�rson ur pe�sons and;or The Cun puny eccep[ine[his proposaL Gerr�rd F,xcav�tine, Inc.shall furnish all necessmy mTtcrial. labor and cyuipment to coniplete Ihe�vork speciGed he�cin in .�ccurd;ince wiih upplic�hle spucitic�uons and Standar<Is. 3. NROPOSAL OFFER CXPIKA"PION: This proposal shull be void w�less accepled�vitliin . _ �ays Gum the dnte hereof(_i0 days unless othenvise stated). a. ACCCPTAiA'CG: Accepttmce ofproposal is ako�ccepl�mec ol,JI aJdiliun�l pruvisions lisled licncin_ -. WORK CONDITIONS: Unlcss oiha-¢�fse xlened herein Ihe contraci or'ce is based upnn tlic followin�conditions' :�_ Gcirard H.�cavatin_�vill bc provided with thc adcyualc acccss m tlic��ork siic tha[ Gen�Nrd Lxcacuiine deems�iecessarv. b. Gcirurd Gxcavatin_�vill 6e provided a��ork si�e Gee uf o'.�structluns and Gee ol intcrfcrcncc by others. c 1-;ad�tvpc oi wnrk cuvened by thls aereemcnt shall bc pc"bnncd in a single, mminuous oper,ition thni will require only onc inobilinit`s�n_unless o�lia�wise v�aicd hercin. Vm�iancc (rom thc ubovc condilions shall bc co¢�� Icred chartgcs to�hc�rork. sec item 9. d_ Gerr�rd 6zcacating�+�III 6e provided�an[ideyuate numba �.� �pinr,s necessaiy Lo compktc d�c�cnrk. 6. PIiRFOR�tA:VCC: Unless othenvis'c slaled_Ihe work cutrrcJ hc(liic:_recment inus[be coinplcic��ithin [Icrrurd I:�c:rvatine�s currall eonstruclion ,cuson_ If.i�r cuv rc.isun [hc�vork is deluvcd in�n thc cnlJ�ticuthcr.lim cunu'aci pricc and.dicdulc ma�' hc chnn�cd_ A4rittcn noGcc ut ❑nv ch�ngc�vill bc given bv P:icslinilc nr muil. _ �ALTHOt2fLA"CION: �Thcpunh;�scrreprescn!slh�tho'thevan:thro�,�.r._ruf�ho ��rcmiseson �chid� Ihc proposed �cnrk is iu ne Junc nr�hal Gicv are th:xuthoriic�l r-precentmlve ol ihe o�cner twd thai lhc o �nr'>painissioii and dulhoriic iz hu-�b�� ,�rmucd ro l�cr,:.�J f:scu��aliu��lu perlonn ,uch ��nrk un ihc subjcci prentlscs. K. LI�11TfCD WnItRAN"PY: tiuP.'�ec� In thc term.nl�hiz puragraph_Gc� � .�d I!�eiealin_herehv ��arrwns thc�rorl:�,t�li,rmad h� it liom and al.�.iin;t Jclucis in n �[crial< .ind workmantihip lor n period ol nne�nur 17om tiie dum ol cumpleuon nl Ihe�curk_unlcss spe:.��calh �,reed uihcneise cl�c��hero in the A�rceinent,nr in e separa�c�crnten a�remcni siqned '�- �ihe purehasar und <.Icrtnrd Il�unvetine- �l CIIr1;�G1'S l U�fHi{l�'pli6: Additioiml churecc nta)' Le mutie tor:lticd or chnngeJ�roii: iiam or fnr ch.m��cd�cork con�iitiam. I he addi�Iont�l uh�ir��, im cuJ� a,�Jcd or d�anecd�oork condiiiou�>h�,ill ht nn ih�haris ol C unvd P.�wruin �:ailanc�d r.iic� :t ��la� I�°�h uvcnc�nd aud supercision IU. I�.NGI�f1�:IZI.CG n TS�;STI�'G: L;nlcss odicrnf�c providcd in thc dc ��ption nl Ihc�cork tn hc perfb�mcci. the price uf�he�cork does noi iuclude Ihe cnst nl en,'ineen { �n'��ice>.contitruction si�kim_ icsunc of materi;Js nnd�or Ic.c.n,of compuctinn. . � � I I. ADJUSTMENT5: i�irc hydrnnts and all appurtenances are ins[allcd per plans and within -A-.I Ibot ol engineer's stakcs. Any Further adjustments-will involve additio;iel chnrges. 12. INSPF,CTION OF WORK: Inspection during the progress of the wo:k shall bc thc responsibility ot the purchaser, In the absence nf inspection Gerrard f�cava[in�sha' �se its best judaement lu in�e�pret ihe plans and specilications nnd Gerrard Gxca�•ating's best ju.�;mant shall be conclusive as to its oblieotions diereundcr. 13. NAVMF:NT: �fhe aurk cumplGed wlll be invoiced monthly and upon completion. The lolnl timnunt invoiced is due upon receipt. ?%interest per month or?d%pur year will be charged on the pas[duc ba��mce aRer30 dzys. No retainaee may he withheld unless specifically agred to in �eri�ing by Gcrrard Escaveiing. Id_ COI.LTC'TI(1�,�: (Ierrurd F:ccavoting inav �ile Iicns�nd bond claims within Ihe prescribed periods Ibr iis o�vn protectinn In ihe eveN colledion elforts�re necessaiv. An additionnl chx�ge wil l be inode for cost o!all callectiai espenses. Including interest and retionable attomev's tees, incurrcd bv Gen�ard Hxcu��ating wheiher b;ised upun a lien. bond clein� or other proceJure. I?. FIhANCIAL I2GSPONSII3ILITY: II at any[ime Gen�nrd Gxcovatin_in its salejudgment, dete�mincs Ihat the finuncfal responsibili�y of the purchaser is wisatisR�emiy,it resarves[hc rl�h[ to rcquire payment in advunce orsaLis(aclop�guaruntee that invoices��i!I be paid when due. If am�pminents ore not paid�ehen duc, Gen�nrd Pacuvaling,at its option .-iay cancel any imfidtilled poruon ot this agrccment�vithoul fmther obligation or li�bility,and ali worA theretoforce cumpktcd sh:�ll thcicupon bc incoiccd nnd bc Juc und puy;iblc immcdi uely. Ib. SAI,h;5 TAX4:S: All applicablc Statc salcs tares that m�c currently in .ilcc[nrc indudcd in ihc price yuoted unless-specilically stated olhenvi;e in thls agreemenL 17. PERI171"f P[BSi13OND COSTS: "fhc pricc yuotcd in this propnsal ir !a�les thc cusi ofanp cii��lcounp� bun�s andr'or perinits thet arc essoci�ned�vith Gcn�nrd 6xc:,:aune�s�cork only. It doc� uul include Ihe cu�l uflap Ices ur.iny impact Icc�ass'esticd usuinsl Ihe nvner�?propenc. Unless ut6cr��Lcc�i�rccd,thc pricc docs nol includo fccs lor pnymcnl or perfui u;mcc bnnds. 10. .-VtIfI"fR:AIION_ In ihe eveni e dlsputc of.�m I:ind ur nuuire uYisca u,.Jerhi,ngrccnicnL or mauc;'�rclntcd w this a_�recmerl. bnih p.�rlics shall negotluLe in gnu;l I.iilh m.in efliirt Io resulve ihc dispulc. II�hc disputc Is not resolvcd li�lluu�in�guod I�iith negotiatiuns.thc partics shall scicc[ a nntlmiilv aerecahlc urbiiramr and suhinil lhu dispuic lu>udi urbitrah�-' fur bindinc.irhitratiou in Lo��9an�1 ( uluradn uudcr Ih�-cnntmcrci:d urbiv;iGon ni!cs nl thc Anm'iian Arhiiration �A.�n.iauon. In ihc ecrn� Ihr p�,inic.tne wi<ible io neree upun an arbitr iior.an.irbiu-�tursh.ill bc appuui�c:l in;i¢oidancc isilh �hc rules aud proccJuree ol thc AmcYicon .lrbitratiun iAssociation. I hc cn>> ul,iny arbilrtiGun procccJing.;hall 6c p;ud by Ihe non-prcra�� ; ��p:�rh�,as Jctcrntincd b�. thc;irbhrulor. �cho shall nlvn;nvurd re�uanublc uvorncv',fccs tn�hc� ....iilin�panv. fhcewnrd u�ihc srhiir:iiormac bt cnlbrccd in a cow't ai cumpctcnt juri�dinion_ 10. IkVCKCHrARG�S: bl'hen licllna H9 n subwnliaaor.(icrrarJ I �i<mil�� i:t vcill noi 6e rupuntiible ibr b:ickch<u�cs unl�ss a hvn(?)Ja�, o�nttcn nuucc has bccn�ivcn tu�:>nplcic unc conlracl �rork. dJJiunnal�•rurisons.:irc indudcd tis part nl ihis propo:al amd tn hc r.�idc�a ptirt oftni� cnntr.ict_ . � � �.�s- •'E�R��o 7739 Soufh Coun'a Road 73c/Loveland. CO 80537 Oc• �O 1 9t{ � rnrr,_ ,Fu� r_ olFice J70.669.1463/fax970.669,1964 E£fective 2/1/0"] � � � � � Hourly Rate Chart for Equipment EXCAVATORS 345 - 105,000 LB . $160.00 330 - 75,000 LB $150.00 225, 322 - 60,000 LB �� $135.00 215, 320L - 40,000 LB $125.00 330 with thumb attachment - 40,000 LH $160.00 320L with jackhammer attachment - 50,000 LB $250.00 LOADERS 966 - 5 CY $120.00 950 E/G/H - 4 CY S 95.00 950A, 936, 928 - 3 CY� $ 85.00 add $10.00/hour for forkli£t attachment GRADING TRACTOR $ 65.00 BACI430ES/LOADER $ 75.00 add 20.00 hour for compactor MOTORGRADERS 140G 5110.00 160H $120,00 14H $130.00 SCRAPERS 627 - 20 CY $185.00 623 - 23 CY $145.00 615 - 17 CY $135.00 613 - 11 CY 5125.00 TRUCKS Tandem - 12 CY $ 70.00 Rock Trailer - 16 CY $ 80.00 End dump/Belly dump/Side dump - 16 CY $ 75.00 Water Truck - On Road $ 75.00 Water Truck - Of� Roaci $ 95.00 Yick ups $ 25.00 COhIPACTORS Sheeps foot roller $ 70.00 815 - 4 wheel �v/ bladc $115.00 Roller - Pnevmatic S 70.00 REX $135.00 Arrow tamper S 75.00 �OZERS DS Dozer $125.00 D6 Dozer $735.00 D7 Dozer $150.00 MISCELLANEOOS Broom $ 55.00 Compres�or wit'r. break�r y 50.00 Spoil Vac $125.00 eobcat $ 65.00 Mini-excavator $ 65.00 Ag tractor with disc $110.00 Sewer Camera - Larqe Diametar Per LF Laborers $ AO.CO Supervisor $ 50.00 Mi5CELI.ANEOUS 'CCOLS Cut off saw. jumping 7ack, breaker, rock drill $ 25.00 Walk behir.d concrete/asphalt saw $ 40.00 A 158 charge for overhead a�d supervision xill 6e addeti [o the total charges incurred. Mobiiization on a time and naterial jon in the necchern Front Range area will be charged at $250.00 per move-in per machine. � � � PROPOSAL From (Contractor): Gopher Excavation, Pronosal No.: 492-A Inc. P.O. IIox 1079, I3erthoud, CO 80513, Uatc: 10-22-07 Ce1:970-53�-t112 Fax:970-532-I110 Proposal Submitted T» (Owner): Work To Be Perfurmed At: I.oveland Yeaks I,LC/Joe McCarthy 'I`win View Estates 2219 Smallwood Driv� Norih East Corner Of WCR 3 & WCK 48 Fort Collins,Colorado 8052R Tetra l`cech R�1•7C � 970-412 4022 ]ob# 80-�192.001.00 GQpk�er F xcavalion, loe, herby proposes to Furnish all the materials and perform all�the labor necassary for the com�letion of the Work as follows: � 1. h9obilizr�tion(Earth��ork) i�i �1,200.00 $1 ?00.00 �. Stock Pile Topsoil On�itc Prom Road, L)itches& 5000 CY 4y $1.8� $ 9,350.00 Detention Pond. � 3. Raugh Cut Material For Sub grade for Koads, D3tches& Detent�on Pond. 27,SOOCY (a3 $'.85 $78375.00 4. Vehicle'Tracking Control I�cr� ,1,000.00 $1,000.00 5. 15"CMP 100'(a? $2�.00 $ 2.iOp.00 ]5"' RCP Type III 240'�a�. $ 35.OQ $$,4t�0,QO 75"Fes With Trasl� Raek 2 (iz� $70�.00 b1,400.q0 ', 24"'RCP 7�ype lIl 65'ra; $45.00 $'_�)35.t)� 24"Fes With Trash Rack 2 (ii; $900.00 $I,800.Q0 19"x 30" IIIiRCY AO` a; $6Q.00 S�2,400.00 19'x 30" 11IsRCP Pes Wzth Trasli Rack 2i�% $750.00 $1,500.00 24"' x 38" HERCP GO't�r', $80.00 $4.80Q00 ?�1.' s 38"IIFP.CP Fes R%ith Trash Rack 2i�i `;>900.(YO �;I.SOfI.;)11 12ip Kap'l�}po 1. 300'I'on fii) $ 55.00 $16,700.00 6. Dcicntion Pond Outle;t Stcucwre 1 !cr' 51,�OO.QO $ 7.500.00 ( Out T.et Pipe 24" RCY Type ll l ZOO ii: $45.00 $9.000.00 24" Fes 1�'ith Trush Rack I'iiz $900.00 $ 90�.00 � Ovc�t7ow Wc'rr 1 (u, 53,750.00 $3JSC).00 � Rip Rap Type L 300 Ton �a� $55.00 $165f10.00 7. WaTer I,ine 8"G900 Dr18 3000''u7 �t;.00 $39,Op0.Oq � 3" Gate Vah�e With Sox & }2estraints 8(�i�. $1,200.00 � 9,G00.00 8"T R""1"ee��°I restraints 3t�i' $ 650.00 $ 1,950.00 Mise [3ends 45. 22, & 90 t�egre� Bends 8'u� $ �50.00 �4,400.O0 'ia'" 1Vater Service C�mpkte With Corp'I�ap& Nit 9�rE- $900.00 $8,100.00 6., I'ees W/Resiraints 3�u'. $(i00.00 'M1I_R00.00 � � ' Blow f�i'fCompl�te ]ri� $2,000A0 �?,0(�0.00 Fire Hydrant 2(rr�, $4,Qf�0,00 $8,060.C)0 8.Elcctrica] Trench Separate Coniract �Y/ Poudre Valley IZural Eleciric Pays GEI Dircct. Prep For 7'elephone'1`rench In F:xistiog rleetriaal Trench 2300'��L $1.00 $2,300.0U 9. Scatire'I'op b" Re compact Prep Poc Koad Base 1 (�� $7,500.00 $�,500.00 Install Road I3t�se 6" OF '/�"Class 5 Road Base 1 S00 Ton(til $1 i.50 $24,300.U0 10. Pave Road GVith 3' tlsphalt 1�Q0I"on'u; $�4.00 �Sd,000.00 ]1.Shouider Road'/�" Road 13ase � � 1 le� $8,000.00$8A00.00 1?. lns2a11 Strcet Si�ns And Final Grade Site 7(a; $5,25Q00 $5,2�0.00 NGI�E NO I I;SS, PfiK[�111'S;EN(i1NEERING, SU12VF.YING, S"fAKING I;'1'C 1S (�ART OF THIS PROPOSAL CAN BI: AI.)DEC) AT COSTS PLUS 15%. _ All m��terial is guaranteed to be as specified ai�d the aboti=L work to be performed in �ccordance�aith the dr�wings wd spec9fications subinitted for the�bo�re work and compieted in ei subst�ntial workmanlike manner for tl�e su�u of: �y 347,700.00 Yayme�t to Gopher Exer�ivation, G�c. to be as follows: Monthly Billing At'Che i��nd OI' The Mc�nfh To Be Paid I3y The 10��' Of "I he Prccecdin�;Nlonth. Ne[30 I��}'s 24/0 ]nterest I'er Month Until Paid In Pull. I Reapeatfullv Sabmitted $y: Accepted By: � ' W ' �f — — __ W. Rex Suits, Presid�tiu (Conuactor) Signattirc(Owner) Gopher I'.xcavation. lnc. Print Name and I'iUc � �� llatc 'Ihe terms aml conditimAs on CBe back side oC this Prnpossd ur atlncheU W lliis Pruposal are piirt uf this Prn��l and,acccptcJ bv all parties si�,ninK I�crefo. - CiOPHT:K I?XCAVf�"I'ION. INC_ Y.O. BOX ]Q79, Berthuud CO 8051� 970-Si2-1112 . � � ' PROPOSAL From (Contractorl: C;apher Gxcavation, Pro�asal Nu.: 492-B Inc. P.0. 13ox 1079, Berthoud,CO 80513, Date: 10-22-07 Te1:470-532-1112 F�x:970.532-1 1 l0 Proposal Submifted To(Owner): Work To Be Performed Af: I.oveland Feaks LLC/Joe NicCarthy Twin View Estetcs 2219 Smallwood Urive North East Cor��er Of WCR 3 &c WC'It �8 Fort Coliiitis, C:olorado 80528 W��hnrada Civil Enginccrs,(nc. 970-a 12-a022 Pro'cct# `T'V E 0707.00 Off Sitc�?kater ` Uayh�r��F�vatian, Inc: hechy proposes to ii�ra�ish alt rltematerials attti perform all the tabbr'necessaryfe�r tGe completion of the W"ork as folloivs: l. MobiiizaEion (Water) I;�il �l,?00.0� $1,200.0U 2. Waterline 8"C-90� DR18 3,4A�'(�r $13.�0 $4:i,240.00 3. T'ie In Tv Existing Sta. 1�t�00 1(ir�, $ 1,500.0(� $1,5Q(}.b0 4. Cont�ect To Txisting 2"Sta.6+q5.OR 1 a1 $7�0.00 �7�0.00 �. 8"90 De}�ree Bend wr Restraints 3t�� $50OAO $1,500.00 C. 8"4S Degrec Rend wl Restraints 2(k7 �500.00 31.t?OQ.OU 7. ii"Anchor"T cc wl Restraints 2 ii; $750.00 �1,500.00 8. 3" Gnte Valvc w/Restriints & 13oY 4(a) $1,200.00 R4,R00.0� 9. �'°Cap With Resuaints 1'i� $35G.00 $35Q00 l0. Btaw (')Il't�ssembly 2" ?'ii� ��° 1,500.00 $3,000.00 11. t" Afr-Vac,�ssemhly ?'a; $I,500.00 $3,0f10.00 l2. PRV Vault-Price Is Approsimate Lacation ], iAot Delermined At 7'his"1'ime. 1�cz $�16,SOO.QO $46,500.00 NU'I�E NO FF.I�S, PERM[TS,F�NGINI�,I��RING. SURVEYING, S"�`AK1"₹V(, T�;f(' IS PAR:I'OF T'1IIS PROPOSt�L CAN BE ADDI:D A'I`COS'I�S PLUS 15%. All material is guar�ntced to be as specified and the abote ��rork to be performed in accordanca�vith the drawings and specilications submitted Lor the�bove c��ock tuid com leted in a substanTial workmaiilika manner tor the sum ol: $ 110.340.00 s • MEETING MINUTES FROM February 22, 2008 Twin View Final Plat PUD Location: Southwest Weld County Planning Office Attendees: Julie Cozad, Jay McCarthy, Joe McCarthy and Michelle Martin Items to complete and record Final Plat: ALL ITEMS SUBMITTED TO WELD COUNTY MUST GO TO MICHELLE FOR DISTRIBUTION TO THE VARIOUS COUNTY OFFICES. MICHELLE WOULD LIKE THREE COPIES OF DOCUMENTS TO BE DISTRIBUTED. -Offsite and Onsite Improvements Agreements -Michelle will give Dave Bauer a call to provide Tetra Tech a Word document for the Off- site improvements agreement so that we can make the changes that Public Works is requiring. -Michelle would like to have three copies of the Draft Improvements Agreements to distribute to Public Works and others that need to review them. -Both agreements should have exhibits for the individual improvements and their costs and an exhibit that describes the timing (phasing) of the improvements. Michelle indicated that the improvements can be completed individually and the letter of credit (or other form of collateral) can be released by submitting a replacement letter(or other form of collateral) for the remaining improvements. This is a hearing with the Commissioners, but just as a business item. -The contacts would be: Davitl BauerlBrian Varella or pon Dunker at Public Works and Cindy Giaoque with the County Attorney's office. Both groups will need 2-3 weeks for review. -Covenants -Weld County had different covenants than the recorded covenants. Michelle gave a copy to Julie and Julie will e-mail the covenants to Jay and Joe later for revision. The covenants need to have the changes made as described in Michelle's Staff comments, Condition of Approval 1.M. 1) through 7), as well as the statement from the Division of Wildlife as shown in Lauren's letter to the DOW and the Right to Farm. -Jay and/or Joe will check to see who drafted the covenants and see if they can make the changes. -Julie will download the Secretary of State Certificate of Good Standing for the LLC and provide to Michelle. -Deeds for Open Space Outlot � � -Julie will check the Weld County Clerk and Recorder to see if the Bargain and Sale Deed ever got recorded. A new deed will be submitted to Weld County (Julie will do) with the new information on it. Grantor: Loveland Peaks LLC to Twin View Estates HOA -Michelle needs the new deeds for the new property ownership from Lovelantl Peaks LLC. Jay and/or Joe will provide. -Certificate of Taxes -This item is complete and will be submitted with all final documentation to Michelle. -School District: -Julie will check will the current cash-in-lieu fee and let Jay and/or Joe know the status. They will then make a determination to either pay the fee or try to work out an agreement. ' • • Weld County Planning DepartmenE S0UTHWEST BUILDINl3 MAR p 5 2008 RECEIVED a � � � DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 W EBSITE:www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-610O, EXT. 3549 • FAX (970) 304-6498 COLORADO March 3, 2008 Julie Cozad Tetra Tech Company 1900 South Sunset Street, Suite 1-F Longmont, CO 80501 Subject: Twin View Estates, PZ-1085 Resolution Dear Julie: The Department of Planning Services has reviewed and evaluated the Change of Zone Resolution for reference to the requirements of Public and Private improvemenYs associated with the Twin View Estates PUD, County Case Number PZ-1085. Please find our findings enclosed: The Board of County Commissioners approved the change of zone request for Twin View Estates PUD on April 5, 2006. Reference is made for the participation of County Road 3 pavement. (Bold text for emphasis) Section 27-6-120.6.e -That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Change of Zone plat submitted by the applicant shows roadways with a 60-foot right-of-way in width including cul-de-sacs with a 65-foot outside radius. A typical road cross section shall be shown on the Change of Zone plat. The typical local roadway section shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders. The cul-de-sac edge of pavement radius shall be 50-feet. The applicants are requesting a waiver from curb, gutter and sidewalks. The Department of Public Works is recommending approval of the applicanYs request for a waiver from curb, gutter and sidewalks. The Department of Public Works is requiring the applicant to participate in the paving of County Road 3. County Road 3 is classified as a local gravel road with 60 feet of right-of-way. - � Reference is made for on-and off-site improvements. (Bold text for emphasis) Section 27-6-120.6.f- An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. The Weld County Department of Planning Services and Public works has required a private and public Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to Twin View Estates PUD and all off-site improvements prior to recording the final plat. Reference is made for the participation of County Road 3 pavement. (Bold text for emphasis) 3. At the time of Final Plat: 3.C. The applicant shall submit a private Improvement Agreement regarding collateral for all improvements to the Planned Unit Development for acceptance by the Board of County Commissioners prior to recording the final plat. 3.F. The applicant shall enter into an agreement with Weld County to proportionally share the cost of improvements to County Road 3. The applicant shall submit a proposed public improvements agreement with the final plat application. 3.1 The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in the referral response dated September 29, 2005. It is the conclusion of the Department of Planning Services that adequate notice was established for the applicant sharing in a proportionate share of the County road 3 improvements, including yet not limited to paving of road surface. I have included the Board of County Commissioners Resolution for this land use case and action by the Board of County Commissioners. The Final Plat for Twin View Estates PUD was administratively approved with conditions on October 4, 2006. Please see attached with the bold text added for emphasis. Section 2.E states: \Section 27-7-40.C.5-- That street or highway facilities providing access to the property are adequate in functional c/assification, width, and structura/ capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public W orks Department reviewed this request and indicated the applicant will still need to address the drainage, site entrance, construction of the road, and ihe walking trail.The applicants have submitted a Private and Public Improvements AgreementAccording Policy Regarding Collateral for Improvements. Two finalized Improvements Agreements will be required for review and accepted by the Weld County Board of County Commissioners prior to recording the PUD plat. Section 2.F states: Section 27-7-40.C.6 — In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, ifapplicable. The Weld County Department of Public Works has requested the applicant enter into a road stabilization agreement for County Road 3. • � Heading: Prior to Recording the PUD Final Plak 1.A The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvementsincludingtheformofcollateral. ThesecurityfortheAgreement shall be tendered and accepted by the Board of County Commissioners. 1.B The applicant shall submit to the Weld County Department of Planning Services a bid for the proposed landscaping listing all materials and labor costs as outlined in the Improvements Agreement. The applicant shall make the appropriate changes to the Improvements Agreements as stated by the Department of Public Works in their referral dated September 13, 2006 and then resubmit copies of the Agreement for final approval by the Weld County Department of Public Works and the Weld County Department of Planning Services. 1.H The applicant shall address the requirements (concerns) of Weld County Public Works Department,as stated in the referral responses dated September 7,2006 and September 13,2006. Evidence of their approval shall be submitted in writing to the Weld County Department of Planning Services. In summary, the Department of Planning Services finds that adequate notice was provided to the applicant and their successors requesting that collateral would be required for public and private road improvements associated with this development proposal. Should you have further questions or require additional information, please contact us at the numbers noticed in the masthead. Thank you for your inquiry. Sincerely, N�� Kim Ogle Planning Manager ec: T. Honn,Director of Planning M.Martin,Planning D.Bauer,Public Works R.Hastings,Public Works Case File: PZ-1085 PF-I085 � RESOLUTION RE: GRANT CHANGE OF ZONE, PZ#1085, FROM A(AGRICULTURAL)ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRtCT FOR NINE (9) RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES AND 11 ACRES OF OPEN SPACE-TWIN VIEW ESTATES, LLC WHEREAS,the Boa�d of County Commissioners of Weid County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Wetd County, Colorado, and WHEREAS, a public hearing was held on the 5th day of April, 2006, at 10:00 a.m. for the purpose of hearing the application ofTwin View Estates,LLC,3555 Stanford Road,Suite 204,Fort Collins,Coiorado 80525,requesting a Change of Zone from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone Districtfor nine(9)residential lots with E(Estate)Zone uses and 11 acres of open space,fora parcel of land located on the following described real estate,to- wit: Lot B of Recorded Exemption#2953;being part ofthe SW 1/4 of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Lauren Light, c/o Tetra Tech RMC, 1900 South Sunset, Suite 1-F, Longmont, Colorado 80501, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present,studied the requestof the applicant and the recommendations of the W eld County Planning Commission and,having beenfullyinformed,findsthatthis requestshalibeapproved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-530 of ihe Weld County Code. 2. The request is in conformance with Section 27-6-120.D as follows: a. Section 27-6-120.D.5.a - The proposal is consistent with any Intergovemmental Agreementin effect influencing the PUD and Chapter 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter23(Zoning),Chapter 24(Subdivision),and Chapter26(Mixed Use Development)of the Weld CountyCode. The proposed site is not influenced by an Intergovernmental Agreement. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-210.D2 (PUD.Policy 4.2.) - A Planned Unit Development, which includes a residential use, should provide 2006-0724 PL1829 /'l� '�'L,�w /�`z,L��j �P��f'�A o�f�cl-o� � • CHANGE OF ZONE #1085 FROM A(AGRICULTURAL)T0 PUD -TW IN VIEW ESTATES, LLC PAGE 2 common open space free of buildings,streets,driveways,or parking areas. The common open space should be designed and lacated to be easily accessible to ail the residents ofthe project,and usable for openspaceandrecreation. SomePlannedUnitDevelopmentsmay not require common open space depending on theirtype,density,or other factors. The proposed development will consist of approximately 11 acres of open space. 2) Secdon22-3-50.B(P.Goal2)states,"Requireadequatefacili6esand services to assure the health, safety, and general welfare of the present and future residents of the County." The residential lots will be serviced by the Little Thompson Water District and individual septic systems. b. Section 27-6-120.D.5.b-The uses will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Arlicle II, of the Weld County Code. 1) Section 27-2-20, Access standards -The applicant shall pave the intemal road. 2) Section 27-2-40, Bulk requirements—The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone DisVict, except for the size of the sign. The applicant has requested the subdivision entrance sign to be between 25 to 50 square feet, per face. The E(Estate}Zone District allows for a 32-square-foot sign. 3) The applicant has met the remaining Performance Standards as delineated in Section 27-2-10. The Conditions of Approval ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. c. Section27-6-120.D.5.c-Theuseswhichwillbepermittedwilllbecompatible with the existing orfuture development ofthe surrounding area as peanitted by the existing zoning, and with the tuture development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced byan intergovemmental Agreement. The proposed development is located within the three-mile referral area of the Towns of Berthoud and Johnstown,a nd Larimer County. The Towns of Berthoud and Johnstown indicated no conflicts with their interests. The Weld County Department of Planning Services has not received a response from Larimer County. 200&0724 PL1829 � • CHANGE OF ZONE#1085 FROM A(AGRICULTURAL)TO PUD -TW IN VIEW ESTATES, LLC PAGE 3 d. Section 27-6-120.D.5.d -The residential lots wili be serviced by the Little Thompson Water District. The Weld CountyAttomey's Office has indicated that the agreements submitted bythe applipnt are adequate forthe Change of Zone. The Weld County Department of Public Health and Environment has indicated, in a referral response dated October 11, 2005, that the application has satisfied Chapter 27,AAicle 1,of the Weld County Code in regard to water and sewer service. e. Section27-6-120.D.5.e-TheChangeofZonepiatsubmittedbytheapplicant shows roadways with a 60-foot right-of-way,including cul-de-sacs with a 65- foot outside radius. A typical road cross section shail be shown on the Change of Zone plat. The typicai local roadway section shall be shown as two12-footpavedlaneswith4-footgrevelshoulders. Thecul-de-sacedge oipavementradiusshallbe50feet. Theapplicantsarerequestingawaiver from curb,gutter,and sidewalks,and the W eld County Department of Public Works recommends approval. The Weld County Department of Public Works is requiring the applicantto participate in the paving of Weld County Road 3,which is classffied as a local gravel road with 60 feet of righi-of-way. f. Section27-6-120.D.5.f-TheWeldCountyDepaRmentsofPlanningServices and Public Works have required Private and Public Improvements Agreements for improvements to Twin View Estates PUD, and ail off-site improvements shall be completed prior to recording the final plat. g. Section 27-6-120.D.5.g - The applicant has shown compliance with the applicable requirements contained in Chapter 23, Article V, of the Weld County Code regarding overlaydistricts,commercial mineral deposits,and soilconditionsonthesubjectsite. Accordingtotheapplication,therearetwo mineral interests; Twin View Estates, LLC, and Magpie Operation, Inc. A Surface Use Agreement, dated June 30, 2004, has been signed by Twin View Estates, LLC, and Magpie Operation, Inc. h. Section 27-6-120.D.5.h - The submitted Specific Development Guide accurately reflecis the Performance Standards and allowed uses described in the proposed Zone District, as described previously. The applicant is requestingthattheFinalPlanbeadministrativelyreviewed. TheDepartment of Planning Services and W eld County Board of Commissioners concurwith this request. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of Twin View Estates, LLC,for Change of Zone,PZ#1085, from the A(Agricuiturel)Zone District to the PUD(Planned Unit Developmenl)Zone Districtfor nine (9)residential lots with E(Estate)Zone uses and 11 acres of open space,on the above referenced parcel of land be, and hereby is, granted subject to the foflowing conditions: 1. Prior to recording the Change of Zone plat: 2006-0724 P11829 • � CHANGE OF ZONE#1085 FROM A(AGRICULTURAL)TO PUD -TW IN VIEW ESTATES, LLC PAGE 4 A. The Change of Zone plat shall be amended to delineate the following: 1) The plat shall be labeled PZ-1085. 2) The applicant shall clarify,on the plat, if there are 11 acres of open space or 10.8 acres of open space. 3) All future signs, including entrance signs, sVeet signs, and Stop signs shall be delineated on the platand meet setback requirements. 4) TheapplicantshallrenamethestreetsaccordingtolheWeldCounty Addressing Referral dated September 7, 2005. 5) All non-recorded easements shall be removed from the plat. B. The appiicant shall provide the Weld County Deparlment of Planning Services with a Statement of Taxes from the Weld County Treasurer, showing no delinquent taxes exist for the original parcel. C. The applicant shall atlempt to address the requirements, and concerns, of the Colorado Division of Wildlife, as stated in the referral response dated September30,2005. Evidenceofsuchshallbesubmitted, inwriting,tofhe Weld County Department of Planning Services. D. The applicant shall address the concerns of the Weld County Sheriff's Office, as stated in a memo dated November 1, 2005, and incorporate remedies for these concerns. The applicani shatl provide written evidence of a solution to the Department of Planning Services. E. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within thirty(30) days of approval by the Board of County Commissioners. W ith the Change of Zone plat map, the applicant shall submita digital fiie of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo CoveragesandArclnfoExportfilesformattypeis.e00. Thepreferredfortnat for Images is .tif(Group 4), (Group 6 is not acceptable). 2. The Change of Zone is conditional upon the following,and each shall be placed on the Change of Zone plat as notes prior to recording: A. Change of Zone, PZ#1085, is from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for nine(9)residential lots with E(Estate)Zone uses and 11 acres of common open space-Twin View Estates PUD. 2006-0724 PL1829 � � CHANGE OF 2ONE#1085 FROM A(AGRICULTURAL)TO PUD -TW IN VIEW ESTATES, LLC PAGE 5 B. Water service shall be obtained from the Little Thompson Water District. C. This PUD is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in acc�rdancewith the regulations of the Colorado Department of Public Health and Environment,WaterQuality Control Division,and the Weld CountyCode in effect at the time of construction, repair, replacement,or modification of the system. D. A Stormwater Discharge Permit may be required for a developmenUredevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area. The applicant shall contact the Colorado Department of Public Health and Environment, Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit for more information. E. During developmentof the site,all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions,at the request of the Weld County Departmenf of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. F. In accordance with the Regulations of the Colorado Air Quality Control Commission,any developmentthat disturbs more than five(5)acres of land must incorporate all available and practical methods that are technologically feasible and economically reasona6le in order to minimize dust emissions. G. If land development creates more than a 25-acre contiguous disturbance,or exceeds six(6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Departme�t of Public Health and Environment. H. Weld Count�/s Rightto Farm Statement,Appendix 22-Eofthe Weld County Code, shall be placed on any recorded plat. I. ThesiteshallmaintaincomplianceatalitimeswiththerequirementsofWeld County Govemment. J. Weld County Government personnel shall be granted access onto the property at any reasonable time in orcler to ensure the activities carried out on the property complywith the Development Standards stated herein and all applicable Weid County Regulafions. K. Installation of utilities shall complywith Section 24-9-10 of the Weld County Code. 2606-0724 PL1829 � • CHANGE OF ZONE#1085 FROM A (AGRICULTURAL)TO PUD -TW IN VIEW ESTATES, LLC PAGE 6 L. A Homeowners'Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurence,taxes and maintenance of open space, streets, private utilities and other facilities, along with ihe enforcement of Covenants. M. Appropriate building permits shall be obtained prior to any construction or excavation. N. No development activity shall commence on the property, nor shall any building permits be issued, until the Final Plan has been approved and recorded. O. A separate building permit shall be obtained priorto the construction ofany structure, including any future bus shelter, mail kiosk, entryway, and/or gates. P. APIanReviewisrequiredforeachbuilding. Plansshallbearthewetstamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Q. Buildings shail conform to the requirements of the Codes adopted by Weld Countyatthetimeofpermitapplication. Currentadoptedcodesinclude: the 20031nternational Residential Code;20031ntemational Building Code;2003 International Mechanicai Code, 2D03 International Piumbing Code, 2003 Intemational Fuel Gas Code,2002 tVational Electricai Code,and Chapter29 of the Weld County Code. R. Each residential building will require an engineered foundation based on a Site-Specific Geotechnicai Reportoran open hole inspection performed by a Colorado registered engineer. Engineered foundations shall bedesigned by a Colorado registered engineer. S. Fire resistance ofwallsand openings,construction requirements,maximum building height,and allowable areas will be reviewed atthe Site Plan Review. Setback and offset distances shall be determined bythe W eld County Code. T. Building height shall be measured in accordancewith the 2003 Intemational Building Codeforthe purposeofdetertnining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code i� order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Property lines shall be clearly identified and all propeRy pins shall be staked prior to the first site inspection. 2oos-o�2a PL1829 � • CHANGE OF ZQNE#1085 FROM A(AGRICULTURAL)TO PUD -TW IN VIEW ESTATES, LLC PAGE 7 3. At the time of Final Plat submission: A. Prior to recording the final plat,the applicant shall provide written evidence to the Department of Planning Services,from Weid County School District RE-2J, which indicates that all District requirements have been met. B. Priortorecordingthefinalplat,theapplicantshallsubmittotheDepartment of Planning Services, the deed to transfer the open space to the Homeowners'Association. TheDepartmentofPlanningServiceswillrecord the deed with the final plat. C. TheapplicantshallsubmitanlmprovementsAgreementAccordi�gtoPolicy Regarding Collateral for Improvements (private road maintenance), for acceptance by the Board of County Commissioners prior to recording the final plat. D. The applicant shall submit Covenants for Twin �ew Estates PUD. The Covenants shall include the following language for the protection of septic envelopes,"Activities such as landscaping(i.e.planting oftrees and shrubs) and construction(i.e. auxiliary structures, dirt mounds, etc.)are expressly prohibited in the designated absorption field site." The Covenants shall be approved by the Weid CountyAttomey's Office priorto recording the final plat. E. The right-of-wayfor the intemal roadway shall be dedicated to the County. F. The applicant shall enter into an agreement with Weld Counry to proportionallysharethecostofimprovementstoWeldCountyRoad3. The applicantshall submita proposed Public Improvements Agreementwith the final plat application. G. The appiicant shall submit Certificates from the Secretaryof State showing the Homeowners' Association has been formed and registered with the State. H. The applicant shall provide to the Department of Planning Services with written evidence of approval of preliminaryaddresses and street names from the Postai Service, Fire District and Sheriffs Office. I. The applicant shall address the requirements and concerns of the Department of Public Works, as stated in the referrel response dated September 29, 2005. J. Easements shall be shown in accordance with Weld County Standards and/or Utilities Coordinating Advisory Committee recommendations on the final plat. 2fl060724 PL1829 � • CHANGE OF ZONE#1085 FROM A(AGRICULTURAL)TO PUD -TWIN VIEW ESTATES, LLC PAGE 8 K. Prior to recording the final plat,the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation);acceptable GIS formats are .shp(Shape Files),Arclnfo Coverages and Arclnfo Exportfiles format type is .e00. The preferred format for images is .tif(Group 4), (Group 6 is not acceptable). The above and foregoing Resolution was,on motion duly made and seconded, adopted by the folfowing vote on the 5th day of April, A.D., 2006. BOARD OF OUNTY COMMISSIONERS WELD C TY, COLORADO ATTEST: {�� D�//�� A ��T�'/ o` M. . Geile, Chair Weld County Clerk to the Board EXCUSED David E. Long, Pro-Tem BY: , C-Bep y Clerk to the B '``�` ' �� c; `Wi am H. Jerke AP D A � ��' ', T—� Y'V�L ��'° ;Robert D. Masd n �\� � I � o y Attorney . Glenn Vasd� Date of signature: dU—os—ni� 2006-0724 PL1829 � Page 1 of 2 f i Michelle Martin _ . _ _ _ .. _.. __. _ From: Michelle Martin Sent: Monday, June 04, 2007 9:07 AM To: 'Light, Lauren' Subject: RE: PF-1085 Hi Lauren, According to my list the following items still need to be done: 1.A, 1.B, 1.C (need to include the right to farm), 1.D, 1.G, LH, 1.K, 1.L, 1N, 1.0, and 2. Let me know if you have any questions. �� .� Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 __. _ . _ _ _ _ _ _. _ _ From: Light, Lauren [mailto:lauren.light@ttrmc.com] Sent: Friday, June 0l, 2007 2:47 PM To: Michelle Martin Subject: FW: PF-1085 Could you please provide a quick answer to the email I sent you below? We are having a meeting next week and want to be sure where we stand with items. You probably missed the email from May when you were out. Thanks..... Lauren Light� Project ManagerlSenior Planner Main:3037725282 �Fax:303.772.r039 IaurenJight@itrmacam Teira Tech � Infrastructure Group 1900 South Sunset Streat. Suite 1-F� Longmont,CO II0501 i www.tetratech.com PLHASE NOTE This ineesage,indudtng any attachrnents, may lnciude prlvlleged, confidential and!Qr inside inforinaiton.Hny distnbutlon or use of Chis wmmunication by anyone other than the intencled recipient is sirietiy pwhibited and may be unlawfuL If you are not the fntended recipieni, please notify ihe sender by replying to this message and thzn delete il fram yaur system. From: Lauren Light Sent: Monday, May 07, 2007 3:34 PM To: 'Michelle Martin' Subject: PF-1085 So that we are both on the same page, is everything completed on the final plat for Twin View Estates except for: 1A, 1 C (need to add right to farm), 1 D, 1 H, 1 K, 1 L and 3? We are really trying to get this wrapped up. Thanks for your help. 06/04/2007 � � Michelle Martin From: jay.mccarthy@comcast.net Sent: Wednesday, January 30, 2008 929 AM To: Michelle Martin Cc: joegmccarthy@yahoo.com Subject: Re: Fw: Twin View Estates Meeting Michelle, Apologies for the delay. I 've been without email access for several days. We would like to review the comments from the Public Works memo dated November 14, 2007. Frankly, we've grown quite frustrated and confused by the process. In particular: -- Several comments are repeats from previous reviews that we believe have already been addressed -- Several comments are similar to previous reviews (and say they are repeats) , yet the request is somewhat different than before -- There continue to be many new comments/requests -- The memo states several times that there may very well be additional new comments/requests in the future The result is that, despi[e much effort on our part, we are making very little progress. Moreover, because requests are shifting and more requests keep coming, there is no end in sight. We would like to go through the comments, close any issues that can be closed, have a clear understanding of what needs to be done to close the remaining issues, and have agreement that this approval process can soon come to an end. Regards, Jay MCCarthy 970.282.4432 -----Original Message----- From: Michelle Martin [mailto:mmartinC�co.weld.co.us] Sent: Thursday, January 24, 2008 5:00 PM TO: Jdy MCCaYthy Subject: RE: Twin View Estates Meeting Jay, I will do my best to have Tom and Dave at the meeting. Could you please send me an outline of items you would like to discuss at the meeting on Feb. 1. Thanks. Michelle Martin Planner II 4209 CR 24 .5 Longmont, CO 80504 mmartin@co.weld.co.us 1 �J�� • � ___ _ _-- .� E� � r�l.vV��-�^—� /� �S��- i�M�J,/ter✓�./r.U.� �< — � � � � �s�,� .!��i�2 ��5 �.� /3�A�r. — N� �p��> v� �ny , � � Timeline of events for Twin View Estates PUD (PF-1085) — Final Plan August 16, 2006—PW receives a Final Plan application for Twin View Estates PUD. September 13, 2006—Review Memorandum #1 is sent from PW to Michelle Martin from Drew Scheltinga and Brian Varrella. Drainage comments are attached from a drainage review memo dated September 7, 2006. November 14, 2006 —PW receives a revised Final Plan application for Twin View Estates PUD. January 31, 2007—Tetra Tech contacis Brian Varrella by telephone to discuss the details of Twin View Estates and to find out the status of review. They request an immediate approval of the project. Brian notes that the project has to be reviewed before final sign-off, and states that there are other projects submitted before Twin View that must be reviewed first. February 2, 2007—Brian Varrella receives a phone call from Lauren Light, Rich Christy, and Ruslan Asadullaev of Tetra Tech to discuss the current status of Twin View Estates. Tetra Tech again reminds Brian that the Applicant needs an immediate approval of the project. February 5, 2007—Review Memorandum#2 is sent from PW to Michelle Martin from Brian Varrella and Jesse Hein. Application is incomplete at ihe time of review. A copy of the comments is sent directly to Tetra Tech as a PDF document. February 7, 2007—Tetra Tech contacts Brian Varrella to discuss comments from Review Memo #2, dated February 5, 2007. They requests a meeting with a Senior Engineer, and Brian notes that Dave Bauer will be scheduled into a future meeting. February 22, 200'7—Lauren Light, Rich Christy, and Kurt Rolin of Tetra Tech meet with Dave Bauer, Brian Vanella, and Jesse Hein of PW to discuss comments from Review Memo #2, dated February 5, 2007. It is noted that an agreement from downstream landowners to accept the discharge and nature of release from Twin View Estates must be provided to PW, per Review Memo #2, dated February 5, 2007, and Drainage Review Memo #1 dated September 7, 2006. June 8, 2007—Rich Christy of Tetra Tech contacts Bauer and Varrella at PW with design questions. Christy notes he is attempting to meet conditions from the February 5, 2007 review memorandum, and from the Februazy 22, 2007 meeting. September 17, 2007 —Public Works receives a revised Final Plan application for Twin View Estates PUD from Tetra Tech. November 14, 2007—Review Memorandum #3 is sent from PW to Michelle Martin from Brian Vanella. January 2, 2008—Tetra Tech sends an e-mail to Tom Honn and Michelle Martin o£Planning Services. The text reads as follows: "The applicants for Twin View are very frustrated with Public Page I of2 Last Updated 02-01-2008 M\PLANNMG—D[VELOPMLNT REVIFW�3-Final Plm(PF,MF,MJFl�PH-1085 9'win Vlcw Esm¢s PUD\Timeiinc o[Events forTwin View Esmia PODdoc , � � Works and were wondering if you or Tom Honn could help move this application along? The fzrst submittal to public works was August Is` of 2006 and there have been many submittals since then. The applccants are willing to sit down with planning and public works as they have to get this plat recorded. They are losing buyers and money." Dave Bauer of Public Works responded the same day as follows: "Comments, corrections, and reguests for additional information (permission for grading ancl construction of improvements on ditch company properry) were sent on November 14, 2007 (see attached). Since then, Public Works has not received any revised reports, drawings or correspondence to indicate that the ditch companies have been contacted and approve of the modifications to their facilities. The applicant was made aware of these ditch issues in February 2007. In addition, there are needed changes to some of the engineering plans and designs as described in previous referrals. These were also re- iterated in the November 14, 2007 memo. There is no need for a meeting until the reguested ditch easement agreements, corrections and engineering design revisions have been submitted and reviewed." January 4, 2008—Ruslan Asadullaev of Tetra Tech sends an e-mail to Brian Varrella of PW. He notes that he is reviewing the redlines from Review Memo #3, dated November 14, 2007, and is making necessary changes to his design. Channel design criteria are discussed, and comments from November 14, 2007 are clarified through the e-mail exchange. Page 2 of 2 Last Updated 02-01-2008 MdPLANNING-D[V ELOPMENT REVIE WU-Final Plal(PF,MF,M1F)\PF-1085 Twin View Esm�cs PUD\Tim<line of EvrnB for Twin Vicw Es�ame PUD doc Page 1 of 2 . • Michelle Martin From: David Bauer Sent: Wednesday, January 02, 2008 12:05 PM To: Michelle Martin; Don Dunker Cc: Thomas Honn; Brian Varrella Subject: Twin View Estates PF-1085 Attachments: Twin View Final Plat Review 11-14-07.pdf Michelle, Comments, corrections, and requests for additional information (permission for grading and construction of improvements on ditch company property) were sent on November 14, 2007 (see attached). Since then, Public Works has not received any revised reports, drawings or correspondence to indicate that the ditch companies have been contacted and approve of the modifications to their facilities. The applicant was made aware of these ditch issues in February 2007. In addition, there are needed changes to some of the engineering plans and designs as described in previous referrals. These were also re-iterated in the November 14, 2007 memo. There is no need for a meeting until the requested ditch easement agreements, corrections and engineering design revisions have been submitted and reviewed. David 13auer Weld County Public Works From: Michelle Martin Sent: Wednesday, January 02, 2008 11:32 AM To: David Bauer; Don Dunker Cc: Thomas Honn Subject: FW: PF-1085 Could you please update me on the status of PF-1085; as you can see from the attached email the applicants would like to record the plat? Would it help if we set up a meeting with the applicant or just staff to see what issues still need to be resolved? I would be available Friday after the staff ineeting to go over the file. Let me know your thoughts? �� Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Light, Lauren [mailto:Lauren.Light@tetratech.com] Sent: Wednesday, January 02, 2008 11:27 AM To: Michelle Martin Cc: Thomas Honn Subject: PF-1085 Hi Michelle, The applicants for Twin View are very frustrated with Public Works and were wondering if you or Tom 01/02/2008 Page 2 of 2 • • Honn could help move this application along? The first submittal to public works was August 1St of 2006 and there have been many submittals since then. The applicants are willing to sit down with planning and public works as they have to get this plat recorded. They are losing buyers and money. How can we move this forward? Is it worth it to set up a meeting with the applicants, planning and public works? Please help. Thank you. NOTE NEW EMAIL ADDRESS-lauren.light@tetratech.com Lauren light{Project Manager/Senior Planner ^i�ain'3i73772.�2Y2'... Fax: 30:.7727039 lauren.I(yM(a�teiraiech-cam ?t,trz Tech�Infrasl,uc'ur�;(:;rcup 7��0 Souih Si nset StreF t.S uto t-F i n.gmunt. C,6 i:tt �w� rctratc�,h.com 'LEASE NOTE Thts n;ess��e, Iricloa i�am;+atta�hmen[s. ina, �ica�de priv I.ye�! �caFi;,�. it d�..r�dlor nside Infom�,.tio».�-,ny csi„tri7..xm or .ise o`thi,cco mun�catie� by-anyor.�eth�r Ihan fhe rlended ree p�ent is sir��tly p ut bite��dnd may be,�nla�v'ul. Ifyou are not fhr ite 1 i,d .��.;ienC pieamP,n.,ti��y Uie sender by cp:y(ny to!Ti� nc 5 �ya and then delete it`rom yo;r system. �1��2�2�08 LiTT�TNOMPSON WATER DIS�CT Baard ofUirecrors: Distrtct Maoager: Alu$miier,Pnsrdmu RiChnN H.H.Whiuet � JimCtwper Mac lww�au R3S Eas�ilighway 56 Davelnrem. �cAhoud,CO 8tl513 RicIWN!.facwn6a' Pho�r f4I0)532-2096 Gary Olsan Pax:(97t1)S32-3734 Kathy GalliranCrig www.Ilw�d.org August 30, 2007 JDI Consulting, LLC Jae G. McCarthy(PMP} 2219 Smailwood Drive Fort Coilins, CO 80525 RE: Twin View Estates The District has compieted the review of the drainage ptan for the Twin View Estates development. At this time, we have no issues with your plan. The District is satisfied that yaur drainage will have no negative impacts on our property. There has also been a question raised about the possible existence of a road along the irrigation ditch serving our property. The District has no record of any road existing in that area. There may have been a farm trail or, trail used to access the ditch for maintenance. As long as we can access the ditch, we will nat need a developed road next to it. Sincerely, � � � � r��--__ .. Rhard H.H. Whittet District Manager � � � Herb Smith Properties LTD May 22,2007 758 Bmck Co�pus Christi,TX 78412 c!o Mark Smith Re:Nature and Quantity Acceptance Agreement Mr. Smith, 7'win View Estates is a 9-bt subdivision that is cuttently being developed nncthwest vf your pmperty.The development is proposing irnprovements to the drainage upsirearn of yourpond and the puc�wse oCthis lctter is to make you aware ofthose proposed improvements. Herb Smith Proparties LTD,historically collecu overland sheet flow from the Twin V iew Estates praperty which is located northwest of your property near the intersection of Weld County Roads 3 and 48.The proposed development o£the Twin View Esiates will change the nature and quantity of the r�lease inio your pond by collecting the site drainage and detaining it in a pond.Collected stormwater will undergo water quality features in the detention pond and wi(I be released inta the roadside ditch which currenUy co(tects much of the sheek flow and directs'rt to your pond. In the case of a major storen event(Imown as the 1 QQ year storm},the detention pond is designed to release the stormwater in a conirolled manner,at the historic 5 year swrrn rate which will be approximately 22.4cf,s. Attached 'rs an exhibit which shows the historic artd proposed drainage pattems. Tf you agree to accept the propnsec3 nature and yuantity nf lhe ilows please sign and refum thiy lettsr.Tf you have any questions please feel free to contact us. Name ufsender Russ McCahan Addre.ss ofserrder 3555 Stanford Road,Ste.204,Fort Collins,CO 80525 Phone&Gmail ofsender 970-226-1414 and trmcc;ahan(7a_,ywest.net (Twin View Estates or McCarthy's)Twin View Estates,LLC Signatuw-Mark Smi[h DaYc ! � � � � 7�IZ�t?1 , Signature-WTW Smith Farm,I,L.C,te�ant by Rachel .Katz Date � i � � . Hedi Smith i'roperties CIY7 �'1nY��Q7 7S8 Brock Colpus fhris�i,TX 78412 c!o Mazk Smith Re:Nature and Quantity Acceplance Agreeimnt Mr.Smitti, Twin V iew Eslates is a 4-lot subdivision that is currently being developed northwest of your property.'I'he develqrment is p�oEwsing improvcment,s to tho drai�ge upsiream of your pond and the purpose of this letter is to make you aware of thase pmposed improveme»ts. � Herb Smith Properties LTD,historicaily�Ilects overland.sheet flow finm ihe 7'win View L�states ptoperty which is bcated northwest of your prcrperty near the intetsection of WeIA C.ounty R�ds 3 and 48.'Ihe pm{ased devel�proentof the Twin Yiew Eatates will r.hange iha nature�andquanNty of the release i�to your pond hy-rnllecling ihe�xite drninage and detaining it in a po�d.Coliecled starmwater will undergo water quality features iu tbe deteMiem�nd a(d wili be released into the roadside ditch which cwrenUy collects much oF the sheat flow and dwreas k to yaur pond. ln the case nCa major storm event(known ss the t00 year stom�),the dete�tion pond is designed to release the stonnwater in a conirolled mariner,at d�e historic S year stonn rato which will be appro�cimately 22.4efs. Aaached is an exhibit which shows the historic atul proposed drainage pattems. If you agrce to aceept the pmposed nawre and quantity of the flows plesse sign and retum this lotkec,If ystu hava anY qeesticma please fa�l fF�4o c�nt�ct us. 1 rrr+ e�r I�r i�us V�t�£ rl5,u� h�NRlRIU Fait NMit�c.Fwit. . . � nl s >j2<r� °?,?.triuta�d (;:�au �,r 'h�i,F�pE ,.{!ino,Cii N!!: rv°. �'e� .. u,_ , j tr,ri�A.��dn i t t ��x.,-r `�?Q.' t,-1'1.1 t ua,f€�iat,�_a�r,i>>a ysvc:k.nc.i, FM8UA14RA1 fnflS�NP4Ik�8K,�oflE 't+r rri ,≤ <<:1 .a.n<� r�� 7,;.t �trr, .�.[,t i� i tr _E_�._!dts'�,l (_,f,�. Gg1mA41S��nS:NMlPahc,Poirt � �. ��.,f�'dWek 'F�RRnat4pMt fant Nat tt�k,FaN�� a�Wrt 81�:k � ��+��.E��;;,- ��'"p� �. . ....... ..gignaiw+e--MarkSmith.. . .. ... ... _. . . . . ..Da[e. . . . .. _ .. . . . . . �� Signulure-WI'W 8mitti Farm W.C,tenant by ftachei L..Ke� Uaze � � I I � � � � MEMORANDUM � � TO: Michelle Martin, Planning Services DATE: 14 November 2007 W ��• FROM: Bnan iC.Yarrella, P.E., Public Works COLORADO SUBJECT: PF-1085 Twin View Estates (Final Plan) Weld County Public Works Department has not received a complete application for this Final Plan request. Comments made during this phase of the subdivision process are not all-inclusive, as other concerns or issues will arise during the remaining application process. Requirements ................................................................................................................................................................................................................................................................. The Weld County Public Works Department has received a Final Drainage Report for Twin View Estates from Tetra Tech Inc. The report and associated construction drawings were received at Public Works on September 17, 2007, and are dated August 2007. The Final Drainage Report and all construction drawings are signed, stamped and dated by Richard J. Christy, P.E. #40053 of Tetra Tech Inc. Comments made during this stage of the review process are not all-inclusive, as new concerns or issues will arise during later reviews. The final plat shall not be recorded until all issues in this memorandum have been resolved. Final Plat: A final plat was not delivered to Public Works in September 2007 for review. The following comments are copied from the February 5, 2007 review memorandum: 1. The right-of-way for Twin View Lane at WCR 3 and the adjacent open space shall be revised to provide adequate room for the configuration of the roadway and drainage shown in the construction plans. 2. It is assumed the lines shown between Lots 5 and 6 and Lots 7 and 8 are at the center of the existing irrigation ditch. If that is the case, the line should be called out accordingly and documentation pertaining to the ditch called out. If there is no existing easement for the ditch, the final plat dedication language shall be clarified to establish an irrigation easement for the owner of the ditch. a. There shall be no fences constructed inside this easement without prior approval of the irrigation ditch company. Please place a note on the plat so stating. 3. There is an existing irrigation ditch near the southwest line of Lot 7 that turns and parallel's the south line of the subdivision. If there is an existing easement for the ditch is shall be called out. If there is no existing easement, an irrigation easement shall be dedicated and shown on the final plat. 4. Public Works requires a copy of written signoff from the affected ditch company on easements. Drainaqe: 1. As requested in the September 7, 2006 and February 5, 2007 review memorandums, the applicant shall provide detention for the entire site according to Weld County CODE 24-7-130(D). If any areas release the 100-year developed discharge undetained, the total discharge from those areas must be subtracted from the 5-year historic release rate for the site. The 12.16 cfs identified in Section 4.0, 2"d paragraph, last sentence on Page 3 of the Final Drainage Report is incorrect. The 9.36 cfs introduced on the same page and section, 3r° paragraph, last sentence, is Page 1 of 3 14-November-2007 M\PI,ANNING—DEV EIAPMENT REVIEWU-Final PW(PF,MF,Af1FpPF-1083 Twin View Estatn PUD\Twin Vkw Fival Plw R<view 1 LIdA].pOC � � also incorrect. Undetained runoff reduces the allowable release rate from the pond, and offsite contributions may not be included to size the detention pond outlet structure. a. For this subdivision, the Q5 historic is 8.84 cfs for the entire site. The Q,00 undetained in the developed condition is 3.40 cfs, so the allowable detention pond release rate must be no more than the following: 8.84 — 3.40 = 5.54 cfs. b. All offsite flows must be managed through the site. Typically this is achieved by releasing the offsite portions of flow over the emergency overflow spiliway, or channeling them around the subdivision. Please note the emergency spillway must be sized to pass the entire 100-year developed storm discharge from the site, and all 100-year offsite contributions simultaneously. 2. As requested in the September 7, 2006 and February 5, 2007 review memorandums, an agreement must be obtained from the downstream property owners to perform any grading and construction work, or to disturb any ditches in any way during construction. The property owners have agreed to the location and nature of the release, but have not explicitly permitted access for construction or future maintenance. All agreements shall be documented in writing and submitted to Public Works for review prior to recording the Final Plat. 3. As noted in the September 7, 2006 and February 5, 2007 review memorandums, design calculations must show stable channel conditions prior to the establishment of vegetation. A termination detail was not discovered for rock riprap protection. Please specify a gravel filter per CDOT or UD&FCD guidelines, and support the design choice with engineering calculations in the drainage report appendix. 4. As requested in the September 7, 2006 and February 5, 2007 review memorandums, please indicate the 100-year headwater depth (HW,00) for all culverts in the construction drawings. a. All of the proposed irrigation ditch culverts are designed with slopes that will restrict flow and promote siltation of the ditch and clogging of the pipes, thereby requiring frequent maintenance of the ditch at the ditch company's expense. All 15" CMPs shall be designed with slopes no less than 1.11%, all 15" RCPs shall be designed with slopes no less than 0.32%, and 18" RCPs shall be designed with slopes no less than 0.26°/a. b. Please note all culverts must be designed with a minimum cover of 1.0 ft. 5. As requested in the February 5, 2007 review memorandum, please discuss temporary and permanent erosion control features in the Final Drainage Report, and include a discussion of revegetation plans for the subdivision. The report must specify a Weld County-approved seed mix, which may be obtained from the Weld County Addendum to the USDCM, dated June 2006 or later. This seed mix shall be published in the construction drawing set on Sheet 18 of 25. 6. The proposed channel designs for DP-3, DP-6, DP-S, DP-9, DP-11, DP-12 (supercritical), DP-13, DP-17, and DP-20 do not meet standards published in the USDCM(UD&FCD 2001). Please revise these channel designs for compliance with all design guidelines published in Table MD-2. a. Please check all swale designs for 1.0 ft of freeboard using a high n-value, and for stability under high velocities and high Froude numbers using a low n-value, per UDSCM guidelines (UD&FCD 2001). b. Please note that the calculated headwater on some culverts exceeds the channel capacity upstream. Please double-check the required 1.0 ft of freeboard on all proposed channels upstream of all culverts. 7. Please calculate the required length (L), width (W), thickness (t), and D5o of all rock riprap outlet protection at culverts and non-culvert locations, and identify on the plan view portions of the culvert profile sheets (Sheet 14 and 15 of 25) in the construction drawings. The current calculations do not specify W or t, and do not utilize outlet velocities calculated by CulvertMaster (published in the Appendices of the Final Drainage Report). The standard velocity of 7.0 fps does not apply to Type B soils, and is an incorrect application of USDCM Chapter 7 methodology. 8. Please calculate and specify the required length (L), width (W), thickness (t), and D� of all rock riprap aprons at non-culvert locations. These dimensions must be supported with engineering calculations and identified in the construction drawings. Page 2 of 3 14-November-2007 M\PLAMIING—DEVEIqPMENT REVIEW V-Final Plm(PF,MF,M1FpPF-1083 Twin V kv�Esmtn PUD�Twin V iew Finel Plm Reriew i 1-10-0].DOC � � 9. Please size appropriate rock riprap or other revetment for the detention pond overflow weir using engineering calculations consistent with guidelines published in Chapter 8 (Hydraulic Structures) of the USDCM(US&FCD 2001). 10. The Ke used for all culvert calculations is too low. Any flared-end section shall have a Ke of 0.5 or greater. Concrete pipes shall utilize Scale 1 (Ke = 0.5) in hydraulic calculations, not Scale 3 (Ke = 0.2). Metal pipes shall utilize Chart 2, Scale 1 (Ke = 0.5), and a Manning's-n value of 0.025 per the Weld County Storm Drainage Criteria Addendum. All entrance conditions shall be changed to "End-Section Conforming to Fill Slope" in the CulvertMaster calculations. Irriqation Ditches: 1. As noted in the February 5, 2007 review memorandum, the irrigation ditch bisecting the site from northeast to southwest is impacted at multiple locations, including the pedestrian walk, storm drainage culverts, at the cul-de-sac, and the new 15" culvert in the ditch itself. Access and specific easements for the purpose of ditch maintenance shall be provided. An agreement must be provided from the owners/operators of the ditch documenting acceptance of the construction easement and access agreement prior to recording the final plat. 2. Please provide documentation for the 2 cfs of ditch flows identified and utilized for calculations in the Final Drainage Report. Construction Plans: 1. The cul-de-sac bulb on Twin View Court has been shifted to the west to alleviate subgrade moisture concerns near the open irrigation ditch. The applicant will have to provide evidence of stable subgrade to Weld County before paving and release of surety can occur. 2. Please show the 6-inch base on the Typical Road Section extending into the adjacent ditch for adequate drainage of subgrade material. Improvements Aqreements: 1. As noted in the February 5, 2007 review memorandum, the off-site Improvements Agreement is acceptable as submitted with the following changes: a. Add a new paragraph 2 E to read; If, during the term of this agreement, Weld County performs a paving project o� WCR 3, adjacent to Twin View Estates, any monies in escrow or monies to be deposited in escrow in accordance with this agreement, may be applied toward a WCR 3 paving project. 2. The on-site Improvements Agreement is acceptable with the addition of estimated construction costs for the pedestrian walk. The water transfer amount shall be verified by the Little Thompson Water District. If the Little Thompson Water District has an agreement with the developer, and indicates in writing they do not require Weld County to hold surety for water transfer, that amount can be deleted. „�_. � _ , .v. , .. _; t p -.,.,�_ � M� �_ . _ .. ,.•� ��-� �- ,. �u, ;.{ .-x. `�, Y.; �i � �<� s�' �: #�a K�≤' ��'�`"r.. ». ,. ......, ....v`,m.'i`'�i�,b:�;. , ..mE �L^ �t'.�E''°.�'.s.. s s: a"3 �.s.-r� �f .`.. �•.. . ... ., r . . . � .... .,.,�..;f. �.> , »,.w:>�r. ., �. PC: PF-1085 Twin View Estates PUD Email &Original: Michelle Martin, Dept.of Planning Services PC by Post: Rich Chrisly, P.E.,Tetra Tech Inc. Page 3 of 3 14-November-2007 M�.�PLANNMG—DEVEIAPMENT REVIENN-Final Pla�(PF,MP,MJF)WF-1083 Twin V iew Esutn PUD\Twin V iew Final Plac Revicw 1414-OZOOC Page 1 of 1 • # Michelle Martin From: Brian Varrella Sent: Friday, February 23, 2007 9:42 AM To: Michelle Martin Subject: Twin View Estates (PF-1085) Michelle, Good morning, and happy Friday! I am so ready for the weekend I can taste it . . . . Public Works had a meeting yesterday with Lauren Light of Tetra Tech RMC and her team. Tetra Tech is doing the engineering for the Twin View Estates PUD at WCR 3 near WCR 48. Our last round of comments was sent to them on February 5, 2007 in a memo from me and Jesse. In that memo we asked for some key items that may delay the approval of their final plat. The most significant impact to their project will come from trying to obtain a letter from the downstream property owner to receive water from the proposed detention pond. Tetra Tech has proposed to outlet their pond to an existing irrigation ditch that feeds a storage reservoir. We have requested Tetra Tech obtain a letter of approval from the affected irrigation company showing that they (the irrigation company) approve the nature and quantity of proposed releases. Tetra Tech will also be requesting a construction easement to build their drainage infrastructure and tie it into the irrigation ditch. There is another irrigation ditch that runs down the middle of the site. Tetra Tech is proposing 2 new pipes in the ditch, and will add some improvements over the ditch at the SW corner of their site. Lauren noted they have received approval from the ditch company to add the culverts, and we requested a copy of all agreements and approval letters. We noted that we cannot approve the final plat until all documentation with all affected ditch companies is provided to the County. In our meeting, we noted that obtaining these written approvals from the irrigation company may take some time. Lauren asked if we would provide a letter to them that we will approve final plat while they are obtaining written permissions from irrigation companies. We noted that final approval from Public Works will be sent to Planning after all requested items have been submitted and reviewed. One more thing —we noted in our review memorandum (Feb. 5, 2007) that all materials must be submitted through Planning and forwarded on to Public Works for review. Lauren Light noted that she was directed by you to submit Public Works review materials directly to our office. Is that what you would like us to do for this case? It is entirely up to you. If you have questions, let me know (ext. 3741). Otherwise, enjoy your weekend. Brian �......+++...++.....�,...+++..,. Brian K. Varrella, P.E., CFM Weld County Public Works 1111 H Street Greeley, CO 80632 phone: 970-304-6496 bvarrella@co.weld.co.us +.««+»»:r.+.+.««++++++++��......+ �2�26�2�� . Page 1 of 1 Michelle Martin From: Brian Varrella Sent: Friday, February 23, 2007 926 AM To: Lauren Light Cc: Jesse Hein; David Bauer; Michelle Martin Subject: Twin View Estates PUD (PF-1085) Lauren, I spoke with Leon Sievers this morning and asked him about the water pipe you plan to abandon in the WCR 3 right-of-way reservation. He said we will not require the pipe to be removed at this time. We would like you to add a note on the plat that an abandoned irrigation pipe is in the ROW reservation. Leon further noted that we will need to obtain a letter that verifies there are no downstream water users that may be injured by abandonment of the pipe. That letter must be submitted to Public Works and Planning Services as part of the PUD application to assure full documentation of the pipe before it is cut and capped at the entrance to your subdivision. Thanks, and enjoy your weekend. Brian «,��..��.��.�..+««...++��.�..., Brian K.Varrella, P.E., CFM Weld County Public Works 1111 H Street Greeley, CO 80632 phone: 970-304-6496 bvarrella_@co.weld.co.us �.+++.�..++�+�+:,.+++..+»��»�«.. 02/26/2007 Page 1 of 1 • • Michelle Martin From: Brian Varrella Sent: Monday, February 05, 2007 5:03 PM To: Lauren Light Cc: Michelle Martin; Jesse Hein; David Bauer; Drew Scheltinga Subject: Twin View Estates PUD (PF-1085) Attachments: Twin View Final Plat Review 02-05-07.pdf Lauren, We have compiled a list of items that remain outstanding for Twin View Estates PUD. The attached memorandum includes items from the September 7, 2006 drainage review memorandum from me, and the September 13, 2006 review memorandum from Drew Scheltinga. There are a few new items that we have identified to assist you in the next submittal. The most recent review items (September 2006) have not been resolved and the application is not yet complete. This being the case, we are unable to provide a complete review of this application. Please review the attached PDF memorandum for details. As you have questions or concerns, please let us know. We are available for questions and comments during regular work hours. Thanks, Brian Varrella �......*.......+.«.+...��.++.... Brian K. Varrella, P.E., CFM Weld County Public Works 1111 H Street Greeley, CO 80632 phone: 970-304-6496 b varrella@co.weld.co,us ��++++..,+�««.++++...�...�*..+++ 02/06/2007 � � a ,�� MEMORANDUM TO: Michelle Martin, Planning Services DATE: 0S February 2007 ��• FROM: Brian . Varrella, P.E., and J s Hein, COLORADO Deparment oFPublic Works SUBJECT: PF-1085 Twin View Estates (Final Plan) Weld County Public Works Department has not received a complete application for this Final Plan request. Comments made during this phase of the subdivision process are not all-inclusive, as other concerns or issues will arise during the remaining application process. Comments ................................................................................................................................................................................................................................................................... The Weld County Public Works Department has received a final plat application from Tetra Tech RMC for Twin View Estates PUD (PF-1085). Comments made during this stage of the review process are not all-inclusive, as new concerns or issues will arise during later reviews. The final plat shall not be recorded until all issues in this memorandum have been resolved. The following items from the Public Works review memorandum dated September 13, 2006 by Drew Scheltinga, P.E., and supplemented by the drainage review memorandum dated September 7, 2006 by Brian Varrella, P.E., have not been addressed or resolved. The latest submittal has not addressed or resolved many of the comments submitted in these two memorandums from Public Works, and is therefore incomplete. The applicant shall revise all of the items outstanding and resubmit the application for Twin View Estates PUD (PF-1085), in its entirety, for a complete review by Weld County. Please note the complete application and all associated materials must be directed to Weld County Planning Services before materials can be received by Public Works. 7. Final Plat: a. The right-of-way for Twin View Lane at WCR 3 and the adjacent open space shall be revised to provide adequate room for the configuration of the roadway and drainage shown in the construction plans. b. It is my assumption the lines shown between Lots 5 and 6 and Lots 7 and 8 is the center of the existing irrigation ditch. If that is the case, the line should be called out accordingly and documentation pertaining to the ditch called out. If there is no existing easement for the ditch, the final plat dedication language shall be clarified to establish an irrigation easement for the owner of the ditch. c. There is an existing irrigation ditch near the southwest line of Lot 7 that turns and parallel's the south line of the subdivision. If there is an existing easement for the ditch is shall be called out. If there is no existing easement, an irrigation easement shall be dedicated and shown on the final plat. 2. Construction Plans: a. There is a cul-de-sac bulb on Twin View Lane at WCR 3. The paving, shoulder and ditches extend outside the right-of-way and into the open space and lots. The right-of-way shall be ..� v..n...._,._....e_.,,..___..___..._..... Page 1 of5 __._ � � revised to provide adequate room for the paving, shoulder and drainage. Also, the center of the cul-de-sac bulb shall be located approximately 200' east of the centerline of WCR 3 in order to provide enough room for turning vehicles, particularly school busses, to align at a right angle to WCR 3 after making a U turn in the cul-de-sac. Also, moving the cul-de-sac east will provide a short tangent for vehicles turning off of WCR 3 to see other vehicles in the cul-de-sac. 3. Drainaue: a. The overall drainage concept to wllect the storm water in ditches and direct it to a detention pond, which will release storm water at controlled rate, is appropriate and meets Weld County code; however, this changes overland flows to a point discharge. The discharge from the detention pond is into existing irrigation ditches and 12" diameter pipes at the boundary of the development. Those existing facilities are not adequate to handle the detention pond discharge. b. Section 27-6-50 (6.7), Storm Drainage, of the Weld County Code requires a detailed study to track the route of off-site discharge until it reaches a natural drainage. Further it states off-site discharge shall not damage downstream property and requires the developer to mitigate any downstream impacts. Additional information shall be provided addressing the requirements of the code. Also, since the discharge is onto private property, documentation shall be provided that the downstream property owners accept the discharge as proposed in the construction plans. c. Please show offsite contours for a minimum of 200 ft outside property limits, and on all offsite areas flowing to the project site. i. There is flow entering the proposed site from the west across WCR 3. USGS contours verify this offsite contribution. Please manage all offsite discharge through the proposed subdivision. d. Please identify how the irrigation ditch will interact with proposed drainage for the site. It appears from the D-size sheet included in the back of the drainage report that the ditch will be incorporated into the drainage design of the site, though the report does not explicitly discuss this item. i. The applicant must provide written consent from the owners/operators of the irrigation ditch on the site to receive stormwater releases from the site, if the ditch is to be utilized for local drainage. An agreement must also be obtained from the owners/operators of the ditch to perform any grading work or to disturb the ditch in any way during construction. The owners/operators must agree to the location and nature of the release. All agreements shall be documented in writing and submitted to Public Works for review prior to scheduling final hearings with the Board of County Commissioners. ii. Channel protection may be required in portions of the ditch to prevent erosion. iii. If an agreement cannot be obtained with the irrigation company, the applicant is directed to assume the ditch is already running full. If the ditch is full, it will not redirect water, and shall not be utilized as a flow diversion. e. The report identifies Equation RO-2 was utilized from UD&FCD guidelines to develop the time of concentration (t�). Please break down the t� calcs to include overland flow time of concentration (t;) and swale flow time of concentration (t�). Show flowpaths on appropriate figures so they may be checked by Weld County Public Works staff for completeness and accuracy. f. Please provide appropriate erosion control at pipe outlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures, and must show stable channel conditions prior to the establishment of vegetation. i. An erosion control plan must be included as a document in the drainage report. ii. Please adhere to all freeboard requirements identified in the Weld County Addendum to the UD&FCD's Urban Storm Drainage Criteria Manual, dated June 2006. .._..r_..._._...._.......___.�_.�_..,._...,. Page 2 of 5 ,_�:.. � � b. Add a new paragraph 2 E to read; If, during the term of this agreement, Weld County performs a paving project on WCR 3, adjacent to Twin View Estates, any monies in escrow or monies to be deposited in escrow in accordance with this agreement, may be applied toward a WCR 3 paving project. Additional items are identified as follows to assist the applicanYs engineers in completing the project. The items identified in this stage of the review process are not all-inclusive, as a complete application has not been received by the County. A full review of the application will not be performed until all materials have been submitted and items outstanding have been resolved. 6. Final Plat: a. Public Works requires a copy of written signoff from the affected ditch company on easements requested in Item 1-c above. b. Please dedicate and show the easement in Item 1-d above as "20-ft Irrigation Easement." 7. Construction Plans: a. The cul-de-sac bulb on Twin View Court has been shifted to the west to alleviate subgrade moisture concerns near the open irrigation ditch. The applicant will have to provide evidence of stable subgrade to Weld County before paving and release of surety can occur. b. Please add a comment and dimension to show the 6-inch base to the Typical Road Section. c. The applicant must provide adequate access to Lots 6 and 7 as shown on Sheet 21 of 26 in the construction plan documents. All culverts shall have adequate cover to prevent damage to the pipes. 8. Drainaae: a. The urbanized catchment time of concentration calculation from Equation RO-5 (UD&FCD 2001) shall not be utilized to calculate the 5-year historic runoff from Twin View Estates PUD. This property is historically short-grass prairie and/or tilled agricultural land. Equation RO-5 will exaggerate the allowable release rate from proposed on-site detention ponds, thereby underestimating the allowable release rate from said ponds. i. As stated in the September 7, 2006 drainage review memorandum, the applicant shall provide detention for the entire site according to Weld County CODE 24-7-130(D). If any areas release the 100-year developed discharge undetained, the total discharge from those areas must be subtracted from the 5-year historic release rate for the site. ii. The applicant shall recalculate the 5-year historic discharge for the entire site utilizing appropriate methodology. b. The IDF table generated from UD-RainZone and published in Appendix B of the Final Drainage Report is applicable to Zone 2 (the San Juan, Rio Grande, Upper Colorado, Gunnison, and Green River basins). The proposed site is located in Zone 1. Estimates by Public Works show the precipitation values are approximately 10°/a lower as published than they should be for Zone 1 storms. i. The applicant shall update the IDF table in Appendix B to be consistent with the hydrologic region of the project. ii. The hydrology for the entire subdivision shall be revised to reflect these updates. c. Please resize the proposed detention pond to comply with Weld County CODE 24-7-130(D) following revisions 8-a and 8-b above. d. All irrigation ditches on the property shall be assumed to be flowing full at the time of the peak 100-yearstorm runoff. e. Please remove the portion of WCR 48 between WCR 3 and WCR 5 shown on all vicinity maps. WCR 48 does not exist in this portion of the County, and the maps are misleading, _,..,__._�,�_.,._,.__,m__..__..,.. Page 4 of 5 __ � � iii. A termination detail is required for rock riprap protection. Please specify geotextile product, or approved other, and support the design choice with engineering calculations in the drainage report appendix iv. A standard detail sheet for all temporary and permanent drainage and erosion control features must be provided as part of the construction plan set. This sheet shall be included as part of the drainage report with a stamp, signature and date from a registered P.E. licensed to practice in the State of Colorado. g. All culverts must be analyzed using HY-8, HEC-RAS, CulvertMaster, UD-Culvert, or other approved programs that adhere to HDS-5 guidelines published by the FHWA (2005). These programs must analyze tailwater conditions and inleUoutlet control in pipes. The current normal depth pipe analysis is incomplete and is not acceptable. i. All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:1 V or flatter per UD&FCD research. ii. All culvert outlets shall have appropriate outlet protection according to UD&FCD (2001) guidelines. h. Streets shall not have ponding in excess of 6 inches in the minor(10-year) storm or 18 inches in the major (100-year) storm. i. Revegetation of all disturbed earth shall comply with all standards defined in the Revegetation section of the Weld County Storm Drainage Criteria dated February 2006. j. The following items must be included in the Drainage Plan(s) in the construction plan set. i. Please show offsite contours for a minimum of 200 feet outside property limits, and on all offsite areas flowing to the project site on the drainage and erosion control sheet(s). ii. Please indicate the 100-year headwater depth (HW,00) on all culverts in plan view. iii. Please indicate the size, material type, length, invert elevations, and name/number of every pipe in the subdivision. k. Please provide a Culvert Plan and Profile sheet in the construction plan set for all proposed culverts. i. Please identify all existing and proposed utility locations. ii. Please indicate the size, material type, length, invert elevations, and name/number of every pipe in the subdivision. iii. Please show the existing and proposed ground profiles over all culverts and storm sewers. 4. Irriqation Ditches: a. The larger irrigation ditch that runs from northeast to southwest is affected in many ways: the pedestrian walk crosses it, storm drainage culverts cross it, it is to be realigned at the cul-de- sac, the road along the ditch is to be removed, and 18" culverts are to be put into the ditch. Access and specific easements for the purpose of ditch maintenance shall be provided. An agreement with the owner of the ditch in which they accept the construction, access and easements shall be provided prior to recording the final plat. b. An analysis shall be provided showing than an 18" culvert is adequate to convey the ditch flow. c. There are two smaller lateral irrigation ditches that leave the larger ditch and cross lots and open space. One is near the northeast corner of the development and one is near the southwest. Access to both these ditches shall be clarified and easements provided where they do not exist. An agreement with the owners of these ditches is also required. d. Irrigation facilities are shown and called out to be removed in WCR 3 at Twin View Lane. There is nothing called out to replace these facilities. Clarification is required. An agreement with the owner of this facility is required. 5. Improvements Aqreements: a. The off-site Improvements Agreement is acceptable as submitted with the following changes: ..u...�.m......,�...,�......_.�_...__,�..._,,.,.. Page 3 of 5 �.,.,_ � � especially with regard to the location and nature of releases from the proposed detention pond. f. Please discuss temporary and permanent erosion control features in the Final Drainage Report, and include a discussion of revegetation plans for the subdivision. The report must call out a Weld County-approved seed mix, which may be obtained from the Weld County Addendum to the UD&FCD's Urban Storm Drainage Criteria Manual, dated June 2006 or later. 9. Improvements Aqreements: a. Please update the improvements agreement to assume 10% for engineering costs. b. The on-site Improvements Agreement is acceptable with the addition of estimated construction costs for the pedestrian walk. The water transfer amount shall be verified by the Little Thompson Water District. If the Little Thompson Water District has an agreement with the developer, and indicates in writing they do not require Weld County to hold surety for water transfer, that amount can be deleted. The applicant shs�l address t6e comments listed above dariog this F�nal Plan review process. Comments made darieg this stage of the review process are not be all-iaclasave,as revised materials will have Yo be submitted and approved 6y Pubtic Works prior to the recordiHg of the �nat Pla�. The review proceas wilt continae only when the alt application materiais have been snbmitted. PC: PF-1085 Twin View Estates PUD Email & Original: Michelle Martin, Dept. of Planning Services PC by Post: Lauren Light, Tetra Tech RMC, LLC ....., .,..n...._.,....n.......___.�.__,�.._ .,.: Page 5 of 5 Page 1 of 1 � � Michelle Martin From: Lauren Light [lauren.light@ttrmc.com] Sent: Monday, January 29, 2007 221 PM To: Drew Scheltinga Cc: Rich Christy; Michelle Martin Subject: PF-1085 Hi Drew, We are trying to complete the final plat for Twin View Estates (PF-1085). Do you have any comments on the resubmittal or are we good to go? If the plans have met with your approval can you let me know and send an email to Michelle Martin at Planning so she can get us scheduled for the Board? Please let me know if you have any questions. Thank you for your help, I know you are busy. Lauren LigM� Pro)ect hflanagerl3enior Planner ."'.: �.�.3. 1 ��JLRI ' I-4Y �v "l.(��zJ '.,:i��.YPil.11f�h(�f[fOIC CC)Ill �-a 7cc11 �Fras(ruct�np Grcup 'i70 Soutt �r[SirC; ��ie 1-P � .., q�a�nt, CG&,J501 'I wnr.r_.�ir��t,c;i.com ''�_EnSF N71P Th-is m�ssa3e.in.,ii,,:eg any at[a.hments,mar in„h,�r,privii �cd �oaficcntia and!ur inside inform tion.Any nistr�hution or �nr ,�tfii��o � u�aiaati�n ,y a ,y�ne o f c t�an t"c .c.idc.J re, ir E c:�tric( �p ^�:h��;e;;�. d ma} bc �[n.w`ul. If yau are not the intentled c F.ieni ;�i �.c �i�f�t• _s�•dcr by �gE�7�ny[o tl•is �..sr�e an.,th��tie10t� t rom yuur sy�tem O 1/30/2007 Page 1 of 1 � # Michelle Martin From: Lauren Light [lauren.light@ttrmc.com] Sent: Thursday, November 16, 2006 3:19 PM To: Michelle Martin Subject: FW: adding language for Right to Farm to covenants Did kim forward this to you???? From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, November 14, 2006 8:08 AM To: BCKross@aol.com Cc: Lauren Light; Kim Ogle; Brad Mueller Subject: RE: adding language for Right to Farm to covenants With this e-mail, I will forward to Planning Services. I do not know if there is anything more they require before you record the covenants and will ask them to respond. The document satisfies my requirements. Bruce Barker, Weld County Attorney. From: BCKross@aol.com [mailto:BCKross@aol.com] Sent: Monday, November 13, 2006 6:27 PM To: Bruce Barker Cc: lauren.light@ttrmc.com; Kim Ogle Subject: Re: adding language for Right to Farm to covenants I made the changes that you suggested. Thanks for the quick response. Is it OK to proceed with executing the document, and getting it recorded? The final version is attached. Regards, Burt Kross 11/17/2006 Page 1 of 1 � • Michelle Martin From: Jarvis Fosdick [intermill@qwest.net] Sent: Tuesday, October 17, 2006 2:51 PM To: Lauren Light; Michelle Martin Subject: TwinView Estates PUD & Home Supply Ditch Re:Home Supply Ditch Easement(Book 557, Rec#1478663) � Item 1.0.12 requests that the "plat delineate the following easement granted to ..." After reviewing the deed it appears to pertain to a 60-foot easement for the Home Supply Ditch. This ditch is not located on the property, but is about 900' Northeast of the site. The deed does not appear to affect the subject property. Please respond with any thoughts /comments. Best Regards, Jarvis Fosdick Intermill Land Surveying, Inc. 1307 North Cleveland Ave., Loveland,CO 80537 Fax:(970)635-9775 Phone:(970) . 669-0516 EmaiCintermill@qwesLnet NOTICE: USE OF THIS ELECTRONIC MEDIA BY ANYONE OTHER THAN INTERMILL LAND SURVEYING,INC.SHALL BE AT THE SOLE RISK OF SUCH USER AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO INTERMILL LAND SURVEYING,INC.BY SAVING THESE FILE(S), USER ACCEPTS RESPONSIBILIN FOR THIS ELECTRONIC MEDIA. ..... ...... _._ ...... .... .. .._. .._.. _._.. 11��2�2�06 Page 1 of 1 • • Michelle Martin From: Bruce Barker Sent: Thursday, November 09, 2006 11:45 AM To: Lauren Light Cc: Michelle Martin Subject: RE: PF-1085 Incorporation papers look fine. Covenants look fine, except need to have some reference to the fact that each lot is subject to the Right to Farm elements found in Appendix 22-E of the Weld County Code. Bruce. From: Lauren Light [mailto:lauren.light@ttrmc.com] Sent: Thursday, November 09, 2006 9:14 AM To: Bruce Barker Subject: PF-1085 Hi Bruce, I had a meeting with Michelle Martin yesterday to discuss PF-10S5. She wanted me to check with you to see if you have had a chance to review the covenants and the incorporation papers for the HOA yet. Thank you. Lauren Light Tetra Tech Inc. Project Manager/Senior Planner 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 303-772-5282 (Phone) 303-772-7039 (Fax) laure__n,light@ttrmc.com 11/09/2006 • Page 1 of 1 • Lauren Light From: Lauren Light Sent: Monday, October 16, 2006 2:04 PM To: 'Michelle Martin' Cc: 'Jacqueline Hatch' Subject: Twin View Estates- PF-1085 Hi Michelle, Thank you for emailing staffs comments to both myself and Mr. Burt Kross. Conditions 1 E, 1 F, and 1 L were completed as required at the COZ phase and were a condition of submitting this Finai Plat. You have those documents already. The HOA incorporation paperwork should have been included in your submittal, with the covenants, to the County Attorney and the only changes required are 1 M. The client would like to get this plat recorded as soon as possible and if we can avoid duplicating what we have already submitted that would be appreciated. Thank you for your heip. Lauren Light Tetra Tech RMC Project Manager 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 303-772-5282 (Phone) 303-665-6959 (Fa�c) lauren,li�;ht@ttrmc,c�m 10/24/2006 , � Quotation for Landscape/Farming Services October 17, 2006 Robert L. Harding Custom Farming Contractor 113 Namaqua Road Loveland, CO 80537 TO: Twin View Estates, LLC 6933 Sedgwick Drive Fort Collins, CO 80525 A. Proposal to conduct landscape services for planting of open space for a proposed 9- lot Development located Lot B of RE-2953; Part of SW '/.Section 5, T4N, R68W, Weld County, CO. Pursuant to PUD Final Plat, Case Number PF-1085, the following services will be provided: 1. Obtain dryland pasture grass seed mixture from Sharpe Bros. Seed Company, Greeley, with the following seed content: 20% Pubescent wheatgrass 20% Intermediate wheatgrass 20% Crested wheatgrass 20% Smooth bromegrass 10% Perennial ryegrass 10% Orchardgrass Planting rate of 7.0 pounds per acre times 11 acres of open space is 77 Ibs of seed at $1.80 per pound = $139 2. Disc areas to be seeded: 11 acres times $7.00/acre = $77 3. Preparation of seed bed, packer or harrow: 11 acres times $7.00/acre = $77 4. Drill planter of pasture mix: 11 acres times $10.00/acre = $110 Total estimated cost for seeding of 11 acres of open space = $403 B. Proposal to mow a 10 feet wide trail that is 6,800 feet long for a proposed 9-lot Development located Lot B of RE-2953; Part of SW'/, Section 5, T4N, R68W, Weld County, CO. 1. Mowing rate is $50 per hour; assume 2 hours each time trail is cut 2. Assume six cuttings per year to maintain good grass growth and low profile. Total estimated cost for mowing each year is $600. . AC O C� QC AC ; O v � --� � � � � 'O 1- w � � O J � � � � Q � � � Q � � � � . • Page 1 of 1 • • Lauren Light From: Lee_Scott@us.crawco.com Sent: Thursday, May 11, 2006 5:06 PM To: Lauren Light Subject: Re:Twin View Estates Lauren: The Berthoud Fire Protection has no issue with street names approved by the county planning department, since such naming is the purview of that agency. Lee Brian Scott CFEI 2617 Martingale Drive Berthoud Colorado, 80513 970-532-0823 Voice/Fax 970-290-6423 Cell 5/17/2006 • • Page 1 of 2 Lauren Light From: Steve Charles[scharies@berthoudfire.org] Sent: Tuesday, November 07, 2006 9:18 PM To: Lauren Light Subject: RE: Weld County Subdivision Addresses Lauren, We find no conflicts with the addressing within the subdivision; however i could not pull up the site plan. Steve @ Berthoud Fire From: Lauren Light [mailto:lauren.light@ttrmc.com] Sent: Tue 11/7/2006 10:24 AM To: Randy Lesher Cc: Steve Charles Subject: RE: Weld County Subdivision Addresses I guess that would help. Sorry..... From: Randy Lesher [mailto:rlesher@tvems.com] Sent: Tuesday, November 07, 2006 10:16 AM To: Lauren Light Subject: RE: Weld County Subdivision Addresses Lauren—I did not get the attachments. Thanks Randy Lesher From: Lauren Light [mailto:lauren.light@ttrmc.com] Sent: Tuesday, November 07, 2006 9:44 AM To: Randy Lesher; scharles@berthoudfire.org Subject: Weld County Subdivision Addresses We are in the final process of having a subdivision approved by Weld Counry and they are requiring that we provide the pianning department with written evidence of approval of the addresses and street names for the subdivision from the Ambulance provider. I have attached the addresses and names as approved by Weld County planning. Could you please review and let me know if they meet with your approval? I have also included a sketch of the subdivision. Thank you for your help. Lauren Light Tetra Tech RMC Project Manager 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 303-772-5282 (Phone) lauren.light cr ttrmacom 11/8/2006 Page 1 of 1 • • Lauren Light From: Ken Poncelow[kponcelow@co.weld.co.us] • Sent: Thursday, May 18, 2006 233 PM To: Laure� Light Subject: RE: Twin Vew Estates These are approved. Thanks From: Lauren Light[mailto:lauren.light@ttrmc.wm] Sent: Tuesday, May 09, 2006 10:07 AM To: Ken Poncelow Subject: Twin View Estates The Change of Zone for Twin View Estates(PZ-1085)was approved by the Weld County Commissioners on April 5�', 2006. We are now proceeding to the Final Plat and we are required to provide the Weld County Department of Planning Services with written evidence of approvai of the preliminary addresses and street names. I have attached the addresses and street names as approved by Weld County Planning. Could you piease review and let me know if they meet with your approval? I have also attached a sketch of the subdivision. Thank you for your help and piease contact me with any questions. Lauren Light Tetra Tech RMC Project Manager 1900 S. Sunset Sireet, Suite 1-F Longmont, CO 80501 303-772-5282(Phone) 303-665-6959(Faac) lauren.li ht ttrmc.com 5/18/2006 Page 1 of 1 • � Lauren Light From: Randy Lesher[rlesher@Nems.com] Sent: Tuesday, November 07, 2006 10:38 AM To: Lauren Light Subject: RE: Weld County Subdivision Addresses Lauren—We are ok with this. Thanks Randy Lesher Thompson Valley EMS From: Lauren Light [mailto:lauren.light@ttrmc.com] Sent: Tuesday, November 07, 2006 10:25 AM To: Randy Lesher Cc: scharles@berthoudfire.org Subjed: RE: Weld County Subdivision Addresses I guess that would help. Sorry..... From: Randy Lesher [mailto:rlesher@ivems.com] Sent: Tuesday, November 07, 2006 10:16 AM To: Lauren Light Subject: RE: Weld County Subdivision Addresses Lauren — I did not get the attachments. Thanks Randy Lesher From: Lauren Light [mailto:lauren.light@ttrmc.com] Sent: Tuesday, November 07, 2006 9:44 AM To: Randy Lesher; scharles@berthoudfire.org Subject: Weld County Subdivision Addresses We are in the final process of having a subdivision approved by Weld County and they are requiring that we provide the planning department with written evidence of approval of the addresses and street names for the subdivision from the Ambulance provider. I have attached the addresses and names as approved by Weld County planning. Could you please review and let me know if they meet with your approvai? I have also included a sketch of the subdivision. Thank you for your help. Lauren Light Tetra Tech RMC Project Manager 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 303-772-5282 (Phone) lauren,lightra ttrmacom 11/7/2006 _ � � �, TETRATECH RMC 1900 S.Sunset Sveet,Suite 1-F Longmon4 CO 80501 . � Tel:303.772.5282 Fa�c 303.665.6959 TRANSMITTAL TO: Anna Mary/Cheryl FROM: Lauren Light DATE: May 9, 2006 Berthoud,CO ATTN: Anna Mary PROJECT: Twin View Estates PHONE: 970-532-5379 JOB NO: 80.5192.001.01 X Fa�c Number:970-532-0384 Number of pages sent(tnduding this cover)x;�pages. If you do not receive all pages or'rf transmission is not Gear,please call TeVa Tech RMC at(303)772-5282. Messenger - Delivery _ Pickup _ Other _ Standard Mail FedEx Ovemight WE ARE SENDING YOU: Copies Description 1 Prelinilnary addresses and street names for twin view estates. H erwiosures are not as noled,please notify us prwnptly. THESE ARE TRANSMITTED: For Approval As Requested For Your Use X For Review and Comment REMARKS: The Change of Zone for Twin View Estates(PZ-1085)was approved by the Weld County Commissioners on April Sth,2006. We are now proceeding to the Final Plat and we aze required to provide the Weld County Department of Planning Services with written evidence of approval of the preliminazy addtesses and sheet names. I have attached the addresses and sheet names as approved by Weld County Planning. Could you please review and let me know if they meet H:�Lauren�Projects\Twin View Fstata-91ot�Fina1 plat\Ytansmittal post o�ce.doc � � with your approval? I have also attached a sketch of the subdivision. Thank you for your help and please contact me with any questions. You tnay email me at laurealight@ttrmacom if ihat is easier. COPY TO: File H:Uauren�Projxts\Twin View Fsqtes-91ot�Fina1 plat\'Crmsmittal post ot£ia.dac � � � TETRATECH RMC 1900 S.Sunset Street,Suite I-F LongmonC CO 80501 � � Tel:303.772.5282 Fax:303.665.6959 TRANSMITTAL TO: Anna Mary/Cheryl FROM: Lauren Light DATE: November 7, 2006 Berthoud,CO ATTN: Anna Mary PROJECT: Twin View Estates PHONE: 970-532-5379 JOB NO: 80.5192.001.01 X Fax Number:970-532-0384 Number of pages sent(including this cover): 4 pages. If you do not receive all pages or if transmission is not clear,please cail Tetra Tech RMC at(303)772-5282. Messenger - Delivery _ Pickup _ Other _ Standard Mail FedEx Overnight WE ARE SENDING YOU: Copies Description 1 Preluninary addresses and street names for twin view estates. It enGasures are not as noted,please notify us promptly. THESE ARE TRANSMITTED: For Approval As Requested For Your Use X For Review and Comment REMARKS: The Change of Zone for Twin View Estates(PZ-1085)was approved by the Weld County Commissioners on Apol5th,2006. We are now proceeding to the Final Plat and we aze requued to provide the Weld CounTy Department of Planning Services with written evidence of apptoval of the preliminary addresses and sheet names. I have attached the addresses and street names as approved by Weld County Planning. Could you please review and let me Imow if they meet H:\Lauren�Projects\Twin View Estates-9 bt�Final plaOTransmittal pos[office2.doc � � with your approval? I have also attached a sketch of the subdivision. Thank you for your help and please contact me with any quesrions at 303-772-5282. You may email me at lauren.light@ttrmc.com if that is easier. COPY TO: File H:\Lauren�Projec[s\Twin View Estates-9 bt�Final plat\Transmittal post oflice2.doc � � TWIN ViEW ESTATES PUD �eve�oper. Twin�ew Est, LLC Case # PZ-1085 (Change of Zone from Ag to PUD) Laurea Light, [.andPro PT SW4 5-4-68 Planner: MicheNe Martin � ZONED PUD/ESTATE IS NO7'IN FtOOD PIAIN (0725C) . _.. < . _.. __ _ .___ __ _ LITI'LE THOMPSON WATER DISTRICT - INDIVIDUAL ENGINEERED SEPTIC SYSTEMS POUDRE VALLEY REA PROPANE GAS : BERTHOUD FPD THOMPSON R-27 QWEST COMMUNIfATION5 BERTHOUD P0 • 9 RESIDENTIAL LO.TS, 1 COMMON OPEN SPACE OUTLOT PRELIMINARY ADDRESSING Lot 1 23155 Twin View Lane Lot 2 23161 Twin View Lane Lot 3 23165 Twin View Lane Lot 4 23168 Twin View Lane ' Lot 5 23164 Twin View Lane —or- 23160 Twin View Court Lot 6 z3162 Twin�ew Court Lot 7 23158 Twin View Court Lot 8 23154 Twin View Court—or- 23154 Twin View Lane Lot 9 23150 Twin View Lane Lin Dodge, Building Technician Building Depattment 918 10"' Street Greeley CO 8Q631 Phone: (970)353-6100, ext. 3574 Fax: (970)3046498 - 9/ZJ0$ \; ,--.. _... __ __..__... .......-- --- _ __ — I � ---__ ___ - ....._ .__ _ . 1 � � _ Referral Notes for RZ-1085 �TWIN VIEW ESTATES PUD 1. Weld County Code Ord. 2003-6, Section 2-13-70-H limits the name of east west cul- + de-sacs to "Place"and north-south cul-de-sacs to'�Way": Both of these interior � streets could be east west or north-south, therefore, my suggestion.would be to I rename "Twin View Lane"to ��Twin View Way" and "Twin View Court"to "Twin View Place': � 2. Pfease verify whether the street name is "Twin View" or "Twinview"— it is spelled both ways on the plat. s�or cnzos a� s��aHv�a ca�avvo� t-� ino��z ioz - Hd�a x�i�s ana O Cldt11\E�� Q�r..J� ON 133HS sooziisiso S�.L`d,LS� tY1�IA NIA�.L 31VQ � i ' I � ` �? 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I � L' I I � ',��\� N : i �� w y>\�� i Q � � I I , �� L - - - � � Q a � � I I +, '�`�\� � — — — � r- � � a � ��; � I I N w �\\\\` o_ a F- N N N �: # � �I �I # a �� +i � Q ° cn � m W ' ~ a I I I o ^ -o��s �I'� # � �� o a � I F � O �- ,�� 1 � rl ^ �ii F a _J fJ' ` Q � Q � � � � � � I I � III ° X � I I in � `° �I z .. � � nJQz '� � Q a C� F F < �! -oars _ � � i u i s i � T �- �iii ��. — a `" I ii� �m,.�7 S _� _ ��.___��i - - - - - - - - - - - � - - - - - - - - - - - - - -- - - - - - - - - - - - — - - - - - - - - - - w� �# �J�M =�=�i I �� o? a� a� U UmUV>� I �� I 1 3w3w � ti ZN�jN Uj w N � � . ____i _ _ _ ---_ _. f I OFFICE OF THE $ECRETARY OF STATE OF "THE STATE OF COLORADO � CERTIFICATE . � I, Ginette Dennis, as the Secrefary of State of the State of Colorado, hereby certify that, � according to the records ofthis office, .j 'hvin v;ew Fismtes Hmneo.vners nssociation . IS 8 Nonprofit Corporation formed or registered on 07/11/2006 under the (aw of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. 17tis entity has been assigned entity identification number 20061280312 • 'IYtis certi5cate reflecis facts tstablished or disclosed by documents delivered to this office on paper Uvough 07/06/2006 that have been posted, and by documents delivered to this office electronically through p�/11l2006 @ 1020:33 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this officia( certificate at Denver, Colorado on 07/1 U2006(a3 10:20:33 pursuant to and in accordance with applicable law. T'his certificate is assigned Confirmation Number 6534057. I � �� ✓��C�`L�.e.". �� Secrotary of State of the Shte of Colorado � issr�est�r�uR��s�a��stas��s��ss�st��:�dofCetti6catet��ar��i�ssts��a�wsasssns��e�r�s� . � Nofin:Aurtifimrcis.+vedefectrorocoLhifiomthCdaradn6...tmvofr 'sWrb T ' !uL mdi �ateN (-d id ?rliw Ho�wer, aa m�opHon;Ilu ismaece md valldlry ofa certiJlcaa obbLad decaronico[[y may be ufabNahaJ63'viritirgthe Cere{/lmn Ca�finnmion P48��1 tlle Secrcpay oJSt�e i Wi6,ria. �,rY:/�Srww.rorse�r.m.ua3lr/C..x5caaSrmchCri�srrfado attvfng Ibe cen�e i co�alMn�on6er I � � dlaNay�ed an�Ir�cme.aMfollmuing Ihe Whvctbrts d7sploycd co,dr,��r�e��or ,vh�nz v n ane�m md u�or •,•,•fotlumlldmife/kctiveiasumicsofacur' . Farmoxtnfmmatkn,rlsltmrWe6.drt I�MP://www.soasnae.cuxNcpctBrsbn.xr .; Centermdsdeu FiuryentlyArkedQuesllua` - � i I � I , - . . ' - . � . CERT_GS_D Revised 09l2b1005. ��j . . � . _ . .. . . . . _ i I _ _ _- - � A ._ I � Colorado Secretazy of State � Date and Time: 07/11/2006 10:17 AM � — Document processing fee Id Number. 20061280312 If document is filed on paper S 125.00 If-doeumentirfiled-elcctronically-��------ 3-25.00—DpcunienYnnnlbert 200G.12803L2--�--�— ��j Fees&fomu/cover sh«ts . � � � are subject to change. + To file electronicalty,access instructions � � for this form/cover sheG�autl othu - � � infortnation or prirt copies of filed documents,visit www.sos.state.co.us and selec[Busi�ss Center. �I � Paper documenu must be typewriUen or machine printed neuvese�ceeoso��au�,Y ! Articles of Iucorporation for a NonproGt Corporation filed pursuant to§7-90-301,et seq.and§7-122-I01 of ihe Colorado Revised Statutes(C.RS) �.Eniiry nam« Twin�ew Estates Homeowners Association . - !'the,wnsn/ano�r�o,po,ur�mmoy,awneeertaoHuarntherennoruas.evrarra, •myoiytan• "l�orporNed• «cromPa^Y• •fimind• corp.•�••yC,•� ••c�••a�„J�• . §7-90-60/.C•BS) . 2.Use of Restricted Words(jm.yofrhe.re � . cenn.r are conarined w we enary rmme.aue ❑ "62nk"or"fmst"or any duivative thaeof - mm�e ojan wUry.dade mm�e w vademmk ❑.••credit uniOn" ❑ "saving5 2nd 108rt,• . � staud]n rhis documen4 mark t!u opplicnbk �❑ •`insuratlCe","casualty","mutual",w"sUrety" � 3.Princ�pai ot�cc strea eaa��: 6933 Sedgwick Drive (Srreunanes a�d nmwer) . Fort Collins CO 80525 �� Unrt�States ��P�� ' (ProWxe_IaPP+leab(e) (�ommY-UrotUsl . 4.Principal office mailing address: (If ditfaent from abovc) (Sveet�eradeien8u wPmvOgru eac 1�owmmmnJ (�nl r�=J (r�um�r co�J (Prorb�rs-U�pfivMeJ K'�r-11�+�/Sl , S.Registeredaga�t: (ifanindividml): KfOSS BUROf1 C. (�l !�W (er,�! rs� I OR(if a business orgaoiatiun): � 6.'Ihe person appointed as rogisttted agent in the document has consenled[o being so appointed. . �.Etegiscered ag«�t me,a address: 6933 Sedgwiek Drive � �Snurnamawdnw�arrj . - I Fort Collins �p 80525 : ! (CNJ l�eJ (r�.wuan coacl i 8.Registered agent mailing address: ': . . ..(ifdiffe�eutGMtlabove) . . lSlree�nauemdnwlberarPartOf/IccBox4�lwmofion) _ I i .. . . AATINC_NPC . . � Page 1 of3 . . . � Rev.l U16f2005 i i ; � � � - � . � � - � . � I i ___ . --__ - -_ _ � _ . _- -- --- ------- -- _ - --- � I -I � 1 _ - � (Cip'1 fSra+aJ (PosxdfL➢Codc) (Prwince-IIaPM��e) (ro�'-I�+�1 �.I 9.If the corporation's period of duration � - is less than perpetual,state ihe date on � which the period of duration expiros: (�/adYi�'r) 10.(OpNonal) Delayed effxGve date: (ew✓e�vi'»y) I1.Name(s)and address(es)of . � incorporawr(s): (itan inaivlaual) Kross - Burton C. . . . lLattl (Firxl (Mkl8e1 (S�Ld . OR(iPa busincu ocganizstion) � . 6933 Sedgwick Drive � (Saret aame md mm�ba or Po.r op,a ea�ip/orm�ion) Fort Coilins CO 80525 �'"� um�'°`e`d states �°"°"�'`�' m.�,��-+I�nnr�a�al l�o+�-1,�us� (�fmindividua() (�`) (F'�9 (M�1 !s�) OR(iFa busines rngan'iulion) � - �Strest�nmsand wm6er orPartO�ice BaY v�jonnmw^) � . (CUY) l�fll�2tl$t2teS ��GpC�j . (Proulnte-�l��ae) f�ow�dj",l�dUSl . (if aa individuel) (/�l (ru�,J (.d+dmN (s�'aJ OR(if a M�siness ot�nization) . . (Srieetxmnemdmm6erorPart0,�ceBaxlryfo�motionJ �rry� UnReilStates ��'�� - (Prouilrce-i1�P11caWe1 � (Comml'-'f�US� , . (4"maedmnflreeincapa�as.mantlhLr6� Q mdircludeanapachments�aBrgthanam¢amdaCd�vsuojdf � irnwpwators.) � . . - . i j AR77NC NPC . �. Page2of3 - . . Rev.11/IN2005 � . � I i I � I ' I � _ _._.--- _ ___ _. --- - __ ----- _ _ _ _. . -... _ _ ... -1 � _�I � 12.17ie nonptofit wrporation is formed under the Colorado Revised Nonprofii Corporation ACL � �� - 13.'Ihe corporallon will Q OR. will not ❑ have voting members. j 14.A descripGon of We distribution of assets upon dissolution is attached. � _ ( ,� 15.Additional infortnaGon may be included pursuant ro§7-122-102,C.R.S.and other organic s[atutes. If� � I . applicable,mark ihis box�0✓ and include an attachment stating the additional information. .! Notice: - � - � . Causing Jhis document to be delivered to the sxretary of s[ate.fw filing shall oonsti[ute the affi�mation or � . acknowledgment of each individual causing such delivery,under penalties of perjury,tha[the document is the � individual's act and dced,or ihat tl�e individual in good faith believes the document is the act and deed ofthe person on whose behalf the individual is causing ihe docutnent to be ddivered for filing,taken in conformity � with the tequiroments of part 3 of article 90 of tiUe 7,C.R.S,the constituent documents,and the organic . statutes,and that the'vidividual�in good faith believes the facts sta[ed in the document are true and the document complies with the requirements of that Part,ihe constituent documents,and tlie organic statutes. . - This pery'ury notice appties to�each individual who causes this document to be delivered to We secretary of - state,whether or not wch individua(is named in the document as one wl�o has caused it to be delivereA. � 16.-Name(s)and address(es)of the - individual(s)causing the document � - � � � to be delivered for filing. � � KfOSS - BUROO C, . (La`q _ (P'ruJ (Midrue) /St�9 6933 Sedgwick Drive - � � .(StrcelnomeaMnumbero,Part�esB�InfwmotionJ . . Fort Collins CO , 80525 �"� Un'rtec�States��r`�°�� (P•°�e-laPW�eJ f�o+�Y-�Iwrtrsl (11h6dacumsikma3rotamrclhetrue mme wd od�e.rs of.ororo Nan a�eGdivlduaL Nawewi.((Jw Mshm.rlale Uu�K m�dad6eu ajm+J'add6anfi�vtdudacaurhglMdawnwurobeddiratd/arfil7^B�markfhtrbo: ❑-mdfidudsanaRaChmaYsmdqgtAe rtane mida�sesr aJtuch LdrvidmltJ Disclaimer. This fonn,and any related instructions,are not intended to provide legal,business or tas advice,and aro - offered as a public service wifhout rcprosentation or warranty. While this form is believed W satisfy minimum � Iega1 requirqnentr as of its revision date,compliance with applicable Iaw,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 usu's attorney. I �'. . . . � . . . j �� i � t , r � .ARTm'C NPC � . .. �Paga 3 of 3 . Rw.1111420D5 � '( . . . . . . � . . � { i _- _ _--� _ -- __ _ � ---_____ _. _ i 1 ;� ,I � I NOTICE: , :.� This"image"is merely a dirplay oflnjormation thW was filed eleclronrtw!!y. /1 is not art image thal was created by oplically scaqning � . a paper docy�mart . I No svch pape!document was ftled. Conseqaenlly,no copy ofa paper document is avaUable regarding this document. � ! Queslions7 Contact the Buriness Dryisioa For confact injarmation,please visi[the Secretary afSfate's web si(e � Click the foilowing links to view attachments - Attachment 1 �c men o Articles of Incorporation ; ; ' 1 � � . ._ . - , . . � ` .1 . ' . - . . " . � � � € _ ! F � i i ___--------a __---. _ _ __ _� __------ __ �__ __ .� � IADDITIONAL PROVISIONS � I ATTACHED TO � � ARTICLES OF INCARPORATION � OF ! TWIN VIEW ESTATES HOMEOWNERS ASSOCIATION � ARTICLE 15.A. , PURPOSES AND POWERS OF ASSOCIATION This AssociaCion does not oontemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are as follows: 1. To operate the Development known as TWIN VTEW ESTATES � located in Weld County, Colorado (the "Development") , in accordance with the Colorado Revised Non-Profit Corporation Act, as amended. 2. To promote the health, safety, welfare and comQnon benefit of the reaidents of the Development. 3. To do any and all permitted acts, and to have and exerci.se any and all powers, rights and privileges which ase granted to a Homeowners Association under the laws o£ the State of Colorado and the Declaration of Covenants, Conditions, Restrictions and Easements for the Development (the "Declaration") , Bylaws, Rules and Regulations, and other governing documenta of the Association. The £oregoing statements of purpose shall be construed as a statement oE both purposes and powers. The purposes and powers . stated in each clause shall not be limited. or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. ARTICLE 15.B. NON-PROFIT The Association shail be a non-profit corporation, without shares of stock. I ; I I . `; i _ . . _ _� __ _ _ • _ . : i � ; . .� � ARTICLE 15.C. I MkMBER5H2P RZGHTS AND QUAI.IFICATIONS �� The classes ri hts and , g qualifications and manner of election � or appointment of Members are as £ollows: Any person who holds � title to a Lot in the Development shall be a Member of the � Association. There shall be one (1) membership for each Lot owned I within the Development. This membership shall be automatically transferred upon the conveyance of that Lot. ARTICLE 15.D. VOTING RIGHTS Each Owner shall have one (1) vote for each Lot owned. If more than one (1) person holds a beneficial interest in a Lot as joint tenant, tenant in common, or otherwise, all such persons shall be Members of the Association. If only one (1) of the mult3ple owners of a Lot is present at a meeting oP the Association, such Owner is entitled to cast the vote allocated to that I,ot. if more than one (1) of the multiple Owners axe present, the vote allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. There is a majority agreement if any one (1) of the multiple Owners casts the vote allocated to that I.ot without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot. Notwithstanding the foregoing, the Declarant of the Development shall have additional rights and qualifications as may be provided under the Declaration, including the right to appoint members of the Executive Board. ARTICLE 15.E. BOARD OF DTRECTORS The affairs of the Association shall be managed by a Board of Directors. The initial Board of Directors shall consist of three (3) persons. The number of inembers of the .Board of Directors may be changed by a duly adopted amendment to Che Bylaws, except that in no event may the number of inembers of the Board of Directors be less than three (3) . The names and addresses of the persons who shall serve as members of the Board of Directors until their successors shall be elected and qualified are as follows: Mazk A. Kroas 7233 Whitworth Court Fort Collins, Colorado B0528 I , Burton C. Kross ' 6933 Sedgwick Drive Fort Collins, Colorado 80525 ; � I . I ;__ _ _ _ ----_ i - _ _ __ i -----_ _ � � T. Russell McCahan 3558 9tanford Road, Suite 204 � ' Fort Collins, Colorado 80525 I � ARTICLE 15.F. � DI3SOLUTION The Association may be dissoived only with the written i consent of two-thirds (2/3) oP all First Security Tnterests � encwnbering Lots within the Development and by written agreement I of Lot Owners to which two-thirds (2/3) of the votes in the Association are allocated as more fully provided in the Declaration. Upon dissolution of the Association, other than incident to merger or consolidation, the assets of the Association shall be sold and the proceeds thereof shall be distributed to Lot Owners and lienholders as their interests may appear or, if not sold, title to such assets shall vest in the Lot Owners as tenants in cotmnon. ARTICLE 15.G. OFFICERS The Board of Disectors may appoint a President, one (1) or more Vice Presidents, a Secretary, a Treasurer and such othe= � otficers as the Board, in accozdance with the provisions of ' the Bylaws, believes will be in the best interests oE the Association. The officers shall have such duties as may be prescribed in the Bylaws and shall sexve at the pleasure of the Board of Directors. ARTICLE 15.H. DURATION The Association shall exist pexpetvally. ARTTCLE 15.I. LIMITATION OF LIABILITY OF DIRECTORS AND OFk'ICERS The personal liability of a Director to the Assaciation or I its Members £or monetary damages for breach of fiduciary duty as a Director is limited to the full extend provided by Colorado law. The Directors, officers, employees and Members o£ the � Association shall not, as such, be liable on its obligations. � Directors shall not be liable for actions taken or omissions � to act in the performance of corporate dufiies except for wanton !, j and will£ul acts or omissions. � � ; i i , � i _..... ----�--- .._.. .._ ..._— �.— ...---- .. . _.._. . _ i _ --- _ ___-- - _----i _ _ __ � _ __ _ _ -- __----- , � � .i � _ I ARTICLE 15.J. TNDEMNIFiCATION OF DIRECTORS The Association shall indemnify its Directors to the full : extent permitted by Colorado law. I ARTZCLE 15.K. AMENDMENTS Amendmente to these Articlea of Incorporation shall require the assent of at least two-thirds (2/3) of the Members o£ the Association as provided in the Colorado Revised Nonprofit Corporation Act. ARTICLE 15.L. I DISTRIBUTION OE ASSETS IIPON DISSOLUTION 1 Upon dissolution of the Association, the Board o£ Directors shall provide for the distxibution of all assets and liabilities of the Association in the £ollowing manner: 1. All liabilities and obligations of the Association shall be paid and discharged or adequate provisions shail be made for payment. j 2, All assets held by the Association requiring return, I transfer or conveyance which condition occurs by reason of dissolution sha11 be returned, transferred or conveyed in � acwrdance with such requiremenE. j 3. Assets received and held by the Association not subject � to liabilities, conditions or use limitations as specified above , � shall be distributed to the Owners of Lots pro rata according to ownership interest as provided by the Declaration. 4. Any remaining assets may be distributed to such Persons, societies, organizations, governmental ' entities, political subdivisions, or domestic or foreign corporations, whether foT profit or non-profit, as may be specified in a plan of distribution adopted pursuant to the Colorado Revised Non-Profit Cozporation Act and which is not inconsistent with these Articles of Incorporation. I i i � ' ' � i i � � ! � � � BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, that TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company, the mailing address of which is 6933 Sedgwick Drive, Fort Collins, Colorado 80525, County of Weld, State of Colorado ("Grantor") , for the consideration of Ten Dollars ($10 . 00) and other good and valuable consideration, in hand paid, hereby sells and conveys to TWIN VIEW ESTATES HOMEOWNERS ASSOCIATION, a Colorado Non- Profit Corporation, the mailing address of which is 6933 Sedgwick Drive, Fort Collins, Colorado 80525 ("Grantee") , that certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference. Signed and delivered this � � day of J V � � 2006. � TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company BY:i'�y�-C. Stephen C. Greenlee, Manager STATE OF COLORADO ) YERONICAUAIER ) ss . �aA�dC�� O COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _� day of � UL�, 2006, by Stephen C. Greenlee as Manager of TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: g/�/0�'f / �'.,�"�`' Notary Publi � � EXHIBIT ��A" ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO LIMITED LIABILITY COMPANY ("GRANTOR") AND TWIN VIEW ESTATES HOMEOWNERS ASSOCIATION, A COLORADO NON-PROFIT CORPORATION (��GRANTEE") . Legal Description of the Real Property �C�� Property Description (Twin View P.U.D. Open Space): Being a portion of Twin View PUD, situate in the Southwest Quarter of Section 5, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the West line of the Southwest Quarter of said Section 5 as bearing North 00°57'31" West and with all bearings contained herein relative thereto; Beginning at the Southwest Corner of the Southwest Quarter of said Section 5; thence along the West line of said Southwest Quarter North 00°57'31" West 346.50 feet; thence departing said West line North 89°25'46"East 50.00 feet to the TRUE POINT OF BEGINNING; thence North 00°57'31" West 447.81 feet; thence North 89°02'29" East 95.52 feet to a point on a curve concave to the Northeast, having a central angle of 30°18'34" and a radius of 65.00 feet, the long chord of which beazs South 43°35'59" East 33.99 feet; thence Southeasterly along the azc of said curve 3438 feet; thence non- tangent from said curve South 89°02'29" West 98.54 feet;thence South 00°57'31" East 402.94 feet thence North 89°25'46" East 445.02 feet;thence South 00°57'31" East 284.50 feet; thence North 89°25'46" East 767.15 feet; thence North 42°04'59" East 674.75 feet; thence North 02°10'29" West 1216.70 feet; thence South 89°15'20" West 1616.87 feet; thence South 00°57'31" East 490.37 feet; thence South 45°12'44" West 41.59 feet; thence South 00°57'31" East 390.79 feet; thence North 89°02'29" East 98.54 feet to a point on a curve concave to the Southeast, having a central angle of 30°18'34" and a radius of 65.00 feet, the long chord of which bears South 41°40'57" West 33.99 feet; thence Southwesterly along the azc of said curve 3438 feet; thence non-tangent from said curve South 89°02'29" West 95.52 feet thence North 00°57'31" West 955.15 feet; thence North 89°15'20" East 1748.47 feet; thence South 02°10'29" East 1815.44 feet; thence South 89°25'46" West 1342.01 feet; thence North 00°57'31" West 346.50 feet; thence South 89°25'46" West 445A2 feet to the TRLTE POINT OF BEGINNING. Said parcel contains 10.64 Acres, more or less, and is subject to all existing easements and/or rights of way of record. � � REAL PROPERTY TRANSFER DECLARATION (TD-1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides esseo[ial infortnation to the county assessor to help ensure fair and unifocm assessments for all property for property tax purposes. Refer to 39-14-102(4),Colorado Revised Statutes(C.R.S.). Requirementr: All conveyance documen[s(deeds) subject to the documentary fee submitted to [he county clerk and rewrder for recorda[ion must be accompanied by a Real Property Transfer Declaratioa This declara[ion must be comple[ed and signed by[he grantor(seller)or gran[ee(buyer). Refer to 39-14-201(l)(a),C.R.S. Penalty(or Noncompliance: Whenever a Real Property rransfer Declazation does not accompany Ihe deed, the clerk and recorder nolifies the county assessor who will send a no[ice to the buyer requesting that the declaration be remmed wiffiin thirty days after the notice is mailed. If the completed Real Property Transfer Deciaration is not retumed to the county assessor within the 30 days of noace,the assessor may impose a pena(ty of$25.00 or.025%(.00025) of the sale price, whichever is greatec This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-I4-102Q)(b),C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available ro the seller if the seller filed the declaration. Information derived from [he Reaf Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiafity requimmenis as provided by (aw. Refer to 39-5-12L5,C.R.S.and 39-13-102(Sxc),C.R.S. 1. Address and/or legai description of the reai property sold: Please do not use P.O.Box numbers. See E�ibit"A"attached hereto and incorporated herein by this reference. 2. Type of property purchased: � Single Family Residential � Townhome � Condominium ❑ MWti-Unit Res ❑ Commercial ❑ Industrial ❑Agricultural ❑Mixed Use � Vacant Land ❑Other 3. Date of closing: 2006 MontL Day y�� Date of conh�act if different&om date of closing: Month Day y� 4. Total Sale Price: Including all real and personal property. $N/A . 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, &ee standing appliances,equipment, imentory, furniture. If the personal property is not listed,[he entire purchase price will be assumed to be for the real property as per 39-13-20 t,C.R.S: ❑ Yes � No If yes,approximate value$ Describe 6. Did the total sale price include a trade or exchange ot additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑Yes � No If yes,value$ [f yes,does this h-ansaction involve a trade under IRS Code Section 103]? ❑Yes ❑ No 7. Was 100% interest in the real property purchased? Mazk"nd'if only a partial interest is being purchased. �Yes ❑ No If no, interest purchased ^/a 8. Is this a transaction among related parties? Indica[e whether the buyer or seller are related. Related parties include perso�s within the same family business affiliates,or affiliated corporations. �Yes ❑ No � � 9. Check any of the following ihat apply to ihe condition of the improvements at the time of purchase. ❑New ❑ Excellent ❑Good ❑Average ❑Fair ❑ Poor ❑ Salvage. If the property is financed,please complete the tollowing. NOT APPLICABLE 10. Total amount financed. $ 11. Type of financing: (Check all that apply) ❑New ❑Assumed ❑ Seller ❑ Third Party ❑Combination; Explain 12. Terms: ❑ Variable; Starting in[erest ra[e a/o ❑Fixed;Interest nte a/o � Length of time yeazs Balloon payment ❑ Yes ❑No. If yes,amount Due date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single Yamily detached, townhomes, apartrnents and cpndomi�iu�s)plQ�s�co�yp��is q4estion� 14-16 if�pplic�ble. Qtherwise,Skip 4U#17 ta complete. 14. Did the purchase price include a franchise or license fee? ❑Yes �No Ifyes,franchise or license fee value$ 15. Did the purchase price involve an installment land contract? ❑Yes �No If yes,date of contract 16. If this was a vacant land sale, was an on-site inspection of the property wnducted by the buyer prior to the closing? ❑Yes �No Remarks: Please include any additional information conceming the safe you may feel is important. No sale involved; convevance of common azea to homeowners associalion . 17. Signed this day of 2006. , Enter the day,month and year,have at least one of the parties to the transaction sign the dowment,and include an address and a daytime phone numbec P(ease designate buyer or seller. TWIN VIEW ESTATES,LLC, a Colorado Limited Liabitity Company By: �5 r=� "`-� Stephen C. reenlee,Manager Signature of Grantee(Buyer)❑ or Grantor(Seller)� 18. All future wrrespondence(tax bills,property valuations,etc)regarding this property should be mailed to: 6933 Sedgwick Drive (970) Fort Collins,Colorado 80525 � � � TETRATECH RMC October 24, 2006 Division of Wildlife 6060 Broadway Denver, CO 80216 Attn: Scott Hoover RE: Twin View Estates, LLC, Case Number PF-1085 Dear Scott: Thank you for your participation in the Subdivision process in Weld County. In response to your letter dated September 14, 2006, the items identified by DOW will be adhered to, as applicable. I have included the following item that is identified in the subdivision covenants and pertains to DOW comments. Household pets,such as dogs and cau,shall be permitted on the Lot,provided that said pets shall remain unde;the control of their owner at all times by voice conlrol or physical restraint and s6all not be allowed to chase domestic a�umals,livestock or wildlife. In addirion, Weld County's Right to Farm Statement will be placed on the final plat. If you have questions, please call me at 303-772-5282. Sincerely, TETRA TECH, INC. �� Lauren Light H:�Lauren\Twin ViewEsta[es.doc . 1900 5.Sunset Street.Suite I-F,Longmont,CO 80501 � Tel 303.772.5282 Fa�c 303.665.6959 wHnv.tVmccom � � � TETRATECH RMC October 24, 2006 Colorado Geological Survey 1313 Sherman Street,Room 715 Denver, CO 80203 Attn: Celia Greenman RE: Twin View Estates, LLC, Case Number PF-1085 Deaz Celia: Thank you for your participation in the Subdivision process in Weld County. In response to your letter dated September 9, 2006, the items identified by Colorado Geological Survey will be adhered to, as applicable. If you have questions,please call me at 303-772-5282. Sincerely, TETRA TECH, INC. �� c��- Lauren Light H:V.aurenV.etter smce geo.dce � � I 900 S.Sunset Street Suite I-F,Longmont,CO B0501 • � � Tel 303.772.5282 Faz 303.665.6959 www.ttrmccom � � �� H0MPS0N SCH00L DISiRICT 200 N.Wilson Ave. Bldg F TRANSPORTATION Loveland,CO 80537 SERVICES ph(970)613-5185 Loveland-BeRhoud CO fax(970)613-5181 May 12,2006 Lauren Light,Projec[Manager TeVa Tech RMC 1900 S.Sunset Street,Suite 1-F Longmont,CO 80501 Re: Twin Vfew EsYates(PZ-1085) Dear Ms.Light: I have received your request for written evidence from the Thompson School Disfict regarding disUict planning requireme�ts for the final plat on the proposed Twin�ew Estates sub devebpment After re-examining oomments from previous disUic[reviews of ihis subdivision and sWdying the sketch plan you had provided in your recent email, I see no concems in providing bus service w Twin �ew.Eshates studenis. The bus would load and discharge students at a designated stop on WCR 3 at Twin�ew Lane.The bus will not enter the development We are requesting ihat ihe deveioper provide a shaging area for studenis at the entrance to the project,well off ihe traveled portio�of ihe roadway. We would reoommend a concrete, asphaft or gravel pad approximately 10'x10'ro provide a designated waibng arez with seare footing for students. Landscaping or signage in the vianiry of ihe stop should rrot obscxire visibiiity of ihe wai6ng arez.The sfaging area could indude a windbreak or informal shelter for the studenis, but is not required. Street IighGng in this area would enhance safety during the winter season I hope this provides the infortnatlon required for subsequent development reviews of ihe proposed site. Please feel free to contad me direcUy"rf you should have further questlons or require addi6onal infortnation. Sincerely, /v�L� �� Nansi Crom Transporta6on Director cc: Skip Armatoski/Thompson R2J Planning Technician Linda Worthington/Transportation Rade Supervisor • . Page 1 of 1 Lauren Light From: Lauren Light Sent: Tuesday, November 07, 2006 10:40 AM To: 'brownek@thompson.kl2.co.us' Subject: PZ-1085 Weld County Subdivision Attachments: School district referral.pdf We are in the final process of having a subdivision approved by Weld County and they are requiring that we provide the planning department with written evidence of approval from the School District. I have attached the original referral provided by you to Weld I have already received approval from Nansi Crom regarding bus service. Do we pay the school district fees prior to recording the plat? If so, what would that amount be? Thank you for your help and p�ease let me know if you have any questions. Lauren Light Tetra Tech Inc. Project Manager/Senior Planner 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 303-772-5282 (Phone) 303-772-7039 (Fa�c) lauren.l ight@ttrmc.com 11/7/2006 Welrl �'ounty Plann9ng Departme�� ';pi.!T�i'��i"z,T RCJ!LDING �� aunty Plannmg Departmeni ;RFFLF'f 0FFICF ilC f c � t0116 � ;)C`.�'� I d� �?OOE'� 0`�a k��.� `� !uu�� ° Memoran�um�� TO: Michelle Martin, W.C. Planning CDATE October 5, 2006 O � FROM: Pam Smith, W.C. Department of Public � COLORADO Health and Environment �� _� CASE NO.: PZ-1085 NAME: Twin Views Estates The Weld County Health Department has reviewed this Final Plat application. The plat notes and development covenants appear to be complete as submitted. O:\PAM\Planning\Final Plat\PF-1085 Twin View ESLRTF 1 � � a �� ,� MEMORANDUM TO: Drew Scheltin a P.E , Pu lic Works Dept. DATE: 07-Sept-2006 � Q FROM: Brian . Vanella,P.E., Public Works Dept. �i COLORADO SUBJECT: PF-1085 Twin View Estates (Fina] Plan) Weld Counry Public Works Department has reviewed this Final Plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Drainage Comments ❑ Public Works received a Final Drainage Report for Twin View Estates (PF-1085) on August 16, 2006, herein referred to as the final drainage report. The report was submitted by Richard J. Christy, P.E.#40053, of Tetra Tech RMC, and is dated July 2006. o The final drainage report is stamped, signed, or dated by a registered P.E. licensed to practice in the state of Colorado. The construction plans included in the back of the report have not been stamped, signed, and dated by a registered P.E. Drainaqe Comments —the current drainage report is incomplete and cannot be fully reviewed at this time. The applicant shall revise the report to meet Weld County Code, shall address all items contained in this memorandum, and shall resubmit the final drainage report for a complete review by Public Works. ❑ Please add the following note to the text of the COZ drainage report and notes on all drainage sheets: "Weld County will not be responsible for the maintenance of drainage related areas." ❑ Please address all redline comments in the drainage report and in the drainage review checklist. ❑ The project vicinity map shall include an appropriate scale, as per Weld County CODE Sec. 27-9- 10(I). ❑ Please show offsite contours for a minimum of 200 ft outside property limits, and on all offsite areas flowing to the project site. ❑ Please identify how the irrigation ditch will interact with proposed drainage for the site. It appears from the D-size sheet included in the back of the drainage report that the ditch will be incorporated into the drainage design of the site, though the report does not explicitly discuss this item. o The applicant must provide written consent from the owners/operators of the irrigation ditch on the site to receive stormwater releases from the site, if the ditch is to be utilized for local drainage. An agreement must also be obtained from the owners/operators of the ditch to perform any grading work or to disturb the ditch in any way during construction. The owners/operators must agree to the location and nature of the release. All agreements shall be documented in writing and submitted to Public Works for review prior to scheduling final hearings with the Board of County Commissioners. o Channel protection may be required in portions of the ditch to prevent erosion. ❑ A dedicated drainage easement is required for all areas of 100-year inundation. Please identify and dimension all drainage easements on all plan sheets submitted with the Final Drainage Report. __._._�.__.___ Page 1 of3 � . � � ❑ All easements must be clearly identified and dimensioned on the final plat, the site plan, drainage plan, and the grading/utility plan sheets. This includes but is not limited to, utility easements, drainage easements, oil and gas easements, County and State right-of-ways, and others. ❑ All lots on the property require detention to reduce flood hazard risks to the adjacent residents and property. This includes the 3.35 acres flowing offsite identified on Page 2 of the final drainage report. o The applicant shall provide detention for the entire site according to Weld County CODE 24-7- 130(D). If any areas release the 100-year discharge undetained, the total discharge from those areas must be subtracted from the 5-yr historic release rate for the site. ❑ Please identify the source precipitation data used for Rational Method runoff calculations. o Please identify the impervious area and percent of total for determining appropriate C-values for entry into the Rational Method runoff calculations. ❑ The report identifies Equation RO-2 was utilized from UD&FCD guidelines to develop the time of concentration (t�). Please break down the t� calcs to include overland flow time of concentration (t;) and swale flow time of concentration (t,). Show flowpaths on appropriate figures so they may be checked by Weld County Public Works staff for completeness and accuracy. ❑ Please provide appropriate erosion control at pipe outlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures, and must show stable channel conditions prior to the establishment of vegetation. o An erosion control plan must be included as a document in the drainage report. o Please adhere to all freeboard requirements identified in the Weld County Addendum to the UD&FCD's Urban Storm Drainage Criteria Manual, dated June 2006. o Stable channel conditions shall consider depth, velocity, Froude number, and shear stress of flows in proposed channels, and be supported with engineering calculations and appropriate documentation, per UD&FCD (2001) or FHWA (2005) guidelines. o Please add rock riprap protection at all culvert outlets for the final drainage plans, and include rock size (D5o) and apron limits (length, width, and thickness). Please utilize UD&FCD methods, and include all design calculations and/or spreadsheets in the report appendix. o A termination detail is required for rock riprap protection. Please specify geotextile product, or approved other, and support the design choice with engineering calculations in the drainage report appendix o A standard detail sheet for all temporary and permanent drainage and erosion control features must be provided as part of the construction plan set. This sheet shall be included as part of the drainage report with a stamp, signature and date from a registered P.E. Iicensed to practice in the State of Colorado. ❑ All culverts must be analyzed using HY-8, HEC-RAS, CulvertMaster, UD-Culvert, or other approved programs that adhere to HDS-5 guidelines published by the FHWA (2005). These programs must analyze tailwater conditions and inleUoutlet control in pipes. The current normal depth pipe analysis is incomplete and is not acceptable. o All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:1V or flatter per UD&FCD research. o All culvert outlet shall have appropriate outlet protection according to UD&FCD (2001) guidelines. ❑ Streets shall not have ponding in excess of 6 inches in the minor (10-year) storm or 18 inches in the major (100-year) storm. ❑ Revegetation of all disturbed earth shall comply with all standards defined in the Revegetation section of the Weld County Storm Drainage Criteria dated February 2006. ❑ The following items must be included in the Drainage Plan(s) in the construction plan set. o Please show offsite contours for a minimum of 200 feet outside property limits, and on all offsite areas flowing to the project site on the drainage and erosion control sheet(s). __,.__...__ Page 2 of 3 . � � o All easements must be clearly identified and dimensioned. This includes but is not limited to, utility easements, drainage easements, oil and gas easements, County and State right-of- ways, and others. o Please identify existing utilities. o Please indicate the 100-year headwater depth (HW,00) on all culverts in plan view. o Please indicate the size, material type, length, invert elevations, and name/number of every pipe in the subdivision. ❑ Please provide a Culvert Plan and Profile sheet in the construction plan set for all proposed culverts. o Please identify all existing and proposed utility locations. o Please indicate the size, material type, length, invert elevations, and name/number of every pipe in the subdivision. o Please show the existing and proposed ground profiles over all culverts and storm sewers. o Please indicate the type, number, rim elevations, and clogging factors of all inlets. ❑ An emergency overflow spillway must be included for detention ponds to prevent breaching in a fully-plugged condition. The spiliway must be incorporated into the proposed contours. o The depth of flow out of the spillway shall be 6 inches or less. o A cutoff wall is required to prevent possible breach during the major (100-year) storm event. o The spillway shall have adequate erosion protection on the upstream face, overflow crest, and downstream face to prevent erosion during operation. Please provide engineering calculations in the drainage report index. _ The applicant shatl address the comments.�isted ahove during:tlus�inal�tar�review process..Comtments' made dnring�s stage af tHe revie�process=may notibe ail-iu�iusi�asrCvtsed materials.wili ha�to be' submitted aud approved�y Public Wo�ks�rior to schediiling a�ear�s�h the Ba�cCaf Couxtty ; Commissioners. The teview pi-ocess�ill cantinue only wl�en a€�eletue�ts�ave been submittetl. --._._.,.__.----. Page 3 of 3 _ . � ! • WELD COUNTY FINAL DRAINAGE REPORT CHECKLIST Name: Twin View Estates Plan Date: Received August 16,2006 at PW,report dated July 2006. Lowtion: W of WCR 3 between WCR 46 and SH 60 Rev.Date: September 7,2006 Case Yi: PF-1085 Rev.By: Brian K.V Weld County Public Works �Comment Headin 5 Adequately nnem�o� comme�� 9 am�assaa Required The final drainage report is stamped,signed,and dated by a X registered P.E.licensed to proctice in tha State of Colorado NI submitted construction plan sheets are stamped,signetl,and X A wet-stamp must be provided on all construction sheets datad by a registered P.E.licensetl to practice in the State of Colorado attached[o the drainage report,with signature and date. L� .Generol Locatlon andDescri tion � - :�::A �ocation � . 1.Township,Range,Section,'/.-Section X 2.Local streets within and adjacent to the development X 3.Major open channels,lakes,streams,irrigation and other water resource facillties within and adjacent to proposed X development 4.Names of surrounding developmeNs including jurisdiction X munici alities �. B. Descri �tiortofPro � � � 1.Area in acres X 2.Ground cover X 3.Ma�or o en channels and ownershi X 4.General project description X 5.Irriga�ion facilities and ownership information X Please identify ihe owners/operators of ihe irrigation ditch bisectin the site. 6.Groundwater characteristics(where applicable) X Please discuss lhe implications of the ivigation ditch on the roundwater ta61e. II. Draina e Basins and Sub-Basins A Ma'or Basin Descri tion t.Reference to Weld County Master Drainage Plan(s)where X a licable 2.Major basin drainage characteristics X 3.Identification of all irrigation facilities within 200 ft of ihe X See previous comments. ro ert bounda 4. Identification of all FEMA-defined 100-year floodplains and X floodwa 5 affectin the ro ert . B. Sub-Basin Descri tion � 1.Historic drainage patterns on the subject property and X ad'acent ro erties Must provide evidence ihat no offsite Flow enters ihe site. 2.OH-site drainage flow pattems and impacis on the subject X Show contours for a minimum of 200 ft offsite,or as far offsite property as required[o show no further offsite coniribution from adjacent areas. III.Drainage Design Criteria � � � � � The entire site must detain ihe 100-year developed flow and Discussion of the optional criterialdeviation from release it at a rate not to exceed the 5-year historic flow,as per q, X Weld Counry CODE 24-7-130(D). Any undetained releases Weld County CODE. from the site must be subtracted fmm the allowable detention release rate for the entire site. B. Develo ment Criteria Reference and Constreints 1.Discussion of previous drainage s[udies(i.e.project master plans)for the subject property that influence or are influenced b X ihe ro osed dreina e desi n for the site 2.Discussion of site constraints such as slopes,sVeets, Piease discuss how ihe irrigation dilch will be incorporated inlo utilities,existing strucWres,and the proposed development or X [he subdivision design. site lan im acts on ihe ro osed draina e lan Weltl County Pub/ic Works Page 1 oi7 Change ofZone Drainage Report Check/ist Form Updafed06-�7-2006 . ` i • Comment Headin s ndaq�=mry Atlentlon 9 Atltlressetl Requiretl Comments C. H. rolo ical Criteria � � �-� � � 1.Identify design rainfall(source of design storm depth X Please identify in the report and suppoR with documentation. infortnation,NOAA Atlas,UD&FCD ma s,etc. 2.Identify design storm recurrence intervals X 3.Identify runoff calcula�ion method(s)and any computer X models 4.Iden[ify detention discharge and storage calculation X method s and com uter models 5.Discussion and justification of other cnteria or calculation methotls used that are not presented in or referenced by the X Weld Count CODE D. H draulic Criteria 1.Identify various capaciry County References X 2.Identify detention outlet type X An emergency spillway is required for all detention areas. 3.Identi check/dro structure critena used X 4.Discussion of other drainage facility design critena used that X are resemed in ihe Weld Count CODE IV. Draina e Faeili �Design � � A Generel Conce t � 1.Discussion of concept and lypicai drainage pattems X Please discuss how the ivigation ditch will be incorporated into the subdivision desi n. 2.Discussion of compliance with off-site runoff considerations and consiraints X See previous comments. 3.Discussion of the content of all tables,charis,figures,or X �ocumentalion required for Rational Method calculations. drawin s resented in the re ort 4.Discussion of anticipated antl proposed drainage pattems X B. S cific Details 1.Discussion oi compliance with drainage criteria(street,inlet, and i e ca acities,etc. X Not included--please address. 2.Discussion of drainage problems encountered and solulions X at s ecific desi n oints 3.Discussion of detenlion stora e and outlet desi n X Emer enc s illwa re uired. 4.Discussion of maintenance access and aspecis of the design X Not included--please address. 5.Provide copies of Draft CDPHE or State Engineer's permit X a lications where a licable V. Conclusions The entire site must detain�he 100-year developed Flow and release it at a rate not to exceed the 5-year historic flow,as per A Compliance with the Weld County CODE X Weltl County CODE 24-7-130(D�. Any untletained releases from the site must be subtracled from the allowable detention release ra�e for the entire site. B. Draina e conce t An erosion conlrol plan must be included as an atlachmenl to ihe fnai dreinage report,and discussed in ihe lext of ihe report i.EffeCliveness of tlrainage tlesign to control tlamage from X Please show all channels are stable under proposed storm runoff conditions,antl provitle erosion protection at appropriate locations. 2.InFluence of proposed development on any applicable Weld X Count Master Draina e Plan recommendations 3.Identification of and written approval of affected irrigation wmpany or other pmpetly owner(s). Weld County may require that the applicant pmvide evidence that offsite impacted X Required for[he irrigalion ditch bisecling ihe property. junsdiclions have been notified of Ihe proposed drainage plans and otenlial im acts. VI. References� � � A Reference all criteria and technical information used X See previous comments. VII.Appendices A H drolo ic Com utations 1.Land use assum tions re ardin ad�acent ro erties X Weld County Publie Works Page 1 oI3 Change o/Zone Dreinage Report Checklist Form Updated0fi-2�-1006 � � Comment Headin s Aaay�a�iy nne�noo comma�� B Addressetl Requiretl 2.Initial and major storm runoff computations at specific design X Documentation required for Rational Method calculations. oints 3.Histonc and fully developed runoff computations at specific X Same as above. tlesi n oints 4.Com uter model in ul and out ut X Same as above. B. �H raulic Com utations � 1.Culvert sizin X See draina e review memo. 2.Storm sewer sizing X Same as above. 3.Street ca acit evaluation X Same as above. 4.Storm inlet sizing X Same as above. 5.Swale sizing X Channel stability not address,freeboard requirements not addressed. 6.Open channel sizing X Same as above. 7.Rundown and/or drop structure sizing X 8.Detention ond area/volume ca acit and outlet sizin X Emer enc ove6low re uired. 9.Changes to Calculation Methods—if applicant/design engineer modifes any portion of UD&FCD spreadsheets used for hydrologic or hydraulic calculations,the applicant/design X engineer shall identify all changes b calculation assumptions or computer programs as to type of change antl specific factors that were modifed. 10.Computer model input and output X Will be required for analysis of culverts. VIIL �Final items �� Proposed location and sizing of all storm sewers,swales,open A. channels,culverts,cross-pans,and other appurtenances, X including cross-sections of swales and open channels B Routing and accumulation of Flows at various critical poiNs for X the minor storm runoN � Routing and accumulation of flows at various critical points for X the ma or stortn runoff p Detention storage facilities and outlet works,including proposed X Emergency overflow required. 100- ear water surtace elevations E. Location of all existing and proposed utilities X Please idenlify. F. Routing of otf-site drainage flows through the development X Required. Minimum lowest opening elevalions of residential and � G commerciai buildings above Ihe 100-year water surface in X Please place all areas of 100-year inundation in dedicated streets,open channels,ditches,swales,or other drainage drainage easements. facilities,as illus�rated b Ihe relimina redin lans H. Proposed on-site private and public utility easements X Especially at the irngation ditch. I. Proposetl off-site private and public drainage easemenis X Required. � Elevations of manhole and inlet inverts in relation to project X tlalum K Proposetl water surface elevations for street encroachmenis for X Please include in ihe drainage report. Ihe minor and ma'or storm. L. Critical hydraulic structure dimensions X Culvens,swales,and emergency overflow for detention ponds are not atltlressed. M. Orifice plate sizes X N. Detention pontl volumes X O. All other critical hydraulic elevations X Freeboard for channels must be addressed. P Operations and Maintenance instructions for the proposed X Not addressed--please discuss in the drainage report. stormwaterdraina efacilities Q. Conshuction-phase emsion control calculations X Not addressed--please discuss in the drainage report. R. Permanent erosion and sediment control desi n X Not addressed--please discuss in Ihe draina e report. Weld Counry Public Works Page 3 of 3 Change o/ZoneOrelnage ReportChecklist Form UptlaMtl0B-41-1006 ' • ! a MEMORANDUM �� TO: Michelle Martin, Dept. of Planning Services DATE: 9/13/� C. FROM: Drew Scheltinga, P. E., Public Works Department COLORADO SUBJECT: PF-1085 Twin View Estates PUD (Final Plat) The Weld County Public Works Department has reviewed the final plat application materials. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be submitted and other concerns or issues will arise during further review. The final plat shall not be recorded until all issues in this memorandum have been resolved. Final Plat: The title on the plat shall show PF-2085. The notes on the final plat shall be revised to meet the zone change and County Code requirements. The documents creating the right-of-way for Weld County Road (WCR) 3 shall be called out on the final plat. If the existing right-of-way cannot be verified the right-of-way shall be dedicated on the final plat. WCR 3 is classified as a local roadway which requires a 60' of right-of-way. Because of anticipated development in the area, improvements to WCR 3 are anticipated which will require additional right-of-way. There is a major power transmission line immediately adjacent to the WCR 3 right-of-way on the west that precludes expansion on that side. A 20' right-of-way reservation 50' from the center of WCR 3 (the west line of Section 5) shall be provided. The Open Space Landscape Plan and the Typical Road Cross Section shall be removed from the final plat. On sheet 2, there is a solid line shown from the N.W. Corner of Sec. 8 to the north line of Sec. 5 that is not labeled. The line should be removed or labeled and dimensioned. The lot lines are not dimensioned to the outer boundary of the subdivision. Dimensions and parallel offsets for the open space shall be added. The right-of-way for Twin View Lane at WCR 3 and the adjacent open space shall be revised to provide adequate room for the configuration of the roadway and drainage shown in the construction plans. Page 1 of 4 M9PLANNING-�EVELOPMENT REVIEWI3-Final Rat(PF,MF,MJF)\PF-1085 Twin View Estates PU�\Twin View Flnal Plat Review e-13�06DOC � � It is my assumption the lines shown between Lots 5 and 6 and Lots 7 and 8 is the center of the existing irrigation ditch. If that is the case, the line should be called out accordingly and documentation pertaining to the ditch called out. If there is no existing easement for the ditch, the final plat dedication language shall be clarified to establish an irrigation easement for the owner of the ditch. There is an existing irrigation ditch near the southwest line of Lot 7 that turns and parallel's the south line of the subdivision. If there is an existing easement for the ditch is shall be called out. If there is no existing easement, an irrigation easement shall be dedicated and shown on the final plat. Construction Plans: The cul-de-sac bulb on Twin View Court is shown adjacent to the relocated irrigation ditch. At a subdivision in this vicinity, that has similar soil and drainage characteristics, the developer is experiencing severe subgrade moisture problems. The problem stems from having a large cul- de-sac adjacent to an open irrigation ditch. After several construction efforts to correct the problem, the subgrade is still unstable and Weld County has not accepted the construction which has caused the paving and release of surety to be delayed. The location of the Twin View Court cul-de-sac shall be moved southeast, crossing the ditch with a culvert or moved northwest up the hill and away from the open ditch. Access to the ditch for maintenance must also be considered. There is a cul-de-sac bulb on Twin View Lane at WCR 3. The paving, shoulder and ditches extend outside the right-of-way and into the open space and lots. The right-of-way shall be revised to provide adequate room for the paving, shoulder and drainage. Also, the center of the cul-de-sac bulb shall be located approximately 200' east of the centerline of WCR 3 in order to provide enough room for turning vehicles, particularly school busses, to align at a right angle to WCR 3 after making a U turn in the cui-de-sac. Also, moving the cul-de-sac east will provide a short tangent for vehicles turning off of WCR 3 to see other vehicles in the cul-de-sac. A pedestrian walk is shown around the development but there is no detail in the plans for the construction or materiais. A detail for the pedestrian walk shall be shown. The pedestrian waik shall be tied into Twin View Lane. On sheet 1, under Approved By, the signature line for Weld County Public Works shall be removed. On sheet 2, the Typical Interior Road Section states a pavement design will be determined after over lot grading. There is no over lot grading on this development and there is very little grading on the streets. A pavement design prepared by a professional engineer, supported by the appropriate geotechnical information, shali be provided and the following note placed in the Geotechnical Notes as follows; "After street grading has been completed but prior to placing any aggregate base course, a final geotechnical repoR shall be provided that certifies that the soils exposed by cutting and the soils placed in fills are properly wetted and compacted and that those soils are compatible with the pavement design". Page 2 of 4 M9PLANNING-�EVELOPMENT REVIEVJ�3Final Plat(PF,MF,MJF)\PF-10B5 Twin View Estates PU�\Twin View Finai Pla!ReWew B-13-06.DOC _ � � On sheet 2, the Typical Interior Road Section shows road side ditches that would be one foot deep while the road profiles show ditches considerably deeper and in many locations the ditches have special grades. The Section shall be revised to reflect the road plans. Roadway drainage ditches, culverts and erosion control must be within the rights-of-way. On sheet 14 the Seeding and Mulching notes area acceptable but are oriented to overlot grading. Since there is no overlot grading, the notes should be revised to emphasize all disturbed areas shall be seeded and mulched. Ditches and the retention area are of particular concern because of erosion potential that can damage drainage facilities. Drainage: The overall drainage concept to collect the storm water in ditches and direct it to a retention pond, which will release storm water at controlled rate, is appropriate and meets Weld County code; however, this changes overland flows to a point discharge. The discharge from the retention pond is into existing irrigation ditches and 12" diameter pipes at the boundary of the development. Those existing facilities are not adequate to handle the retention pond discharge. Section 27-6-50 B 7, Storm Drainage, of the Weld County Code requires a detailed study to track the route of off-site discharge until it reaches a natural drainage. Further it states off-site discharge shall not damage downstream property and requires the developer to mitigate any downstream impacts. Additional information shall be provided addressing the requirements of the code. Also, since the discharge is onto private property, documentation shall be provided that the downstream property owners accept the discharge as proposed in the construction plans. A Final Drainage Report has been submitted by Tetra Tech RMC dated July, 2006. Attached is a review memorandum from Brian Varrella, P. E., of the Weld County Public Works Department, dated September 7, 2006. A revised drainage report and construction plans addressing all of Mr. Varrella's comments is required. Irrigation Ditches: The larger irrigation ditch that runs from northeast to southwest is affected in many ways: the pedestrian walk crosses it, storm drainage culverts cross it, it is to be realigned at the cul-de- sac, the road along the ditch is to be removed, and 18" culverts are to be put into the ditch. Access and specific easements for the purpose of ditch maintenance shall be provided. An agreement with the owner of the ditch in which they accept the construction, access and easements shall be provided prior to recording the final plat. An analysis shall be provided showing than an 18" culvert is adequate to convey the ditch flow. There are two smaller lateral irrigation ditches that leave the larger ditch and cross lots and open space. One is near the northeast corner of the development and one is near the southwest. Access to both these ditches shall be ciarified and easements provided where they do not exist. An agreement with the owners of these ditches is also required. Page 3 of 4 MiPLANNING-DEVELOPMENT REVIEW�3FInal Mat(PF,MF,MJF)\PFi0B5 Twin View Estates Pll�\Tvi�n View Final Plat ReNew 6�13-06.DOC . # � The plans and final plat show irrigation, drainage and utility easements on both sides of the lines between Lots 5 and 6 and Lots 7 and 8. This is common for utility easements but in this case an irrigation ditch is involved. The irrigation ditch and access road should be in an exclusive easement with the utility easement either side of the lot line. Fencing a lot line could be difficult with the proposed configuration. Irrigation facilities are shown and called out to be removed in WCR 3 at Twin View Lane. There is nothing called out to replace these facilities. Clarification is required. An agreement with the owner of this facility is required. Improvements Agreements: The on-site Improvements Agreement is acceptable with the addition of estimated construction costs for the following items: survey and street monuments and boxes, Pedestrian walk, Telephone, Gas, and Electric. The amount for the Water transfer appears too small and must be verified by the Little Thompson Water District. If the Little Thompson Water District has an agreement with the developer, and indicates in writing they do not require Weld County to hold surety for water transfer, that amount can be deleted. The off-site Improvements Agreement is acceptable as submitted with the following changes: Add a new paragraph 2 E to read; If, during the term of this agreement, Weld County performs a paving project on WCR 3, adjacent to Twin View Estates, any monies in escrow or monies to be deposited in escrow in accordance with this agreement, may be applied toward a WCR 3 paving project. In paragraph 2 B, fill in the blanks to read 3`' quarter of 2006. Street and Drainage Facilities Maintenance: In the submitted Declaration of Covenants, Article 2, section 2.1.7, "Common Elements", common roads shall be called out. In Article 6, Section 6.2, several types of easements and their uses are well defined. Irrigation water is referred to in section (d) Utility Easement. Because of the extent of existing irrigation facilities in this development that will not owned by the Twin View Estates home owners, Irrigation easements and their uses should be defined in the covenants. Attachment: Drainage Review by Brian Varrella, P. E., dated September 7, 2006 PC: PF-1085 Twin View Estates PUD Email & Original: Michelle Martin, Dept. of Planning Services PC by Post Applicant & Engineer: Lauren Light, Tetra Tech RMC, LLC Page 4 of 4 M:\PLANNING-�EVELOPMENT REVIEVY�3-Final Fat(PF,MF,MJF)\PF-1085 Tvnn View Estates PUD\Twin View Final Plat ReNew&13-06.DOC � � MINUTES OF THE W ELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, September 14, 2006 10:00 a.m., in the Conference Room of the Department of Public Health and Environment at1555 N. 17'"Ave, Greeley, Colorado. Members Present: Doug Melby, Don Somer, Jerry Adams, Don Carroll Also Present: Jacqueline Hatch, Michelle Martin, Jesse Hein CASE NUMBER: RS-1122 APPLICANT: George&Vicki Kennedy PLANNER: Jacqueline Hatch REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way(197`h Way between Lots 13 & 14)within Vantage Acres Subdivision. LEGAL: Part of 197'"Way in Vantage Acres Subdivision being part of the S2 of Section 17, T1 N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately Yz mile north of CR 8 and approximately 1/2 mile west of CR 41. Jacqueline Hatch, Department of Planning Services presented Case RS-1122. The services include individual wells, septic system, United Power and Qwest. Staff is recommending that the applicant provide a utility easement in compliance with Section 24-7-60 of the Weld County Code. This would require the applicant to have 10 feet on either side of the new lot line. Don Carroll, Department of Public Works, asked if the applicant has indicated whether there were any existing utilities in the corridor or affected area. If so those should remain and the utility companies should have access to their system and this may be covered with a note on the plat. Ms. Hatch stated she does have letters from United Power and Qwest. Qwest has no conflict with the vacation and United Power agrees to vacate or abandon that part of 197`"Way. Mr. Somer added that in the letter it states that if utilities are found later those will still be upheld by easement. Ms. Hatch then read the letter from Qwest into the record. Mr. Somer stated that their records presently show no lines in the area but they have been wrong at times. If a line was found in the area it could stay there and the utility company could maintain it. Jerry Adams indicated the utility board is proposing a 30 X 30 foot utility right-of-way easement where the road was located. This would protect any utilities that may still be in the area. Mr. Carroll indicated that the applicant may need to be advised that no structures can be inside the right-of-way. Ms. Hatch indicated they can build in a utility easement with sign off from utility providers. Don Somer moved to approve with the condition that the 60 foot road right-of-way become a 60 foot utility easement. Doug Melby seconded. Motion carried. CASE NUMBER: PF-1085 APPLICANT: Twin View Estates LLC PLANNER: Michelle Martin REQUEST: PUD Final Plat for nine (9) residential lots with Estate Zone Uses. LEGAL: Lot B of RE-2953; part SW4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 3; north of and adjacent to CR 48 Michelle Martin, Department of Planning Services presented case PF-1085. The services include Little Thompson Water District, septic systems, propane, Poudre Valley REA and Qwest. Staff is recommending that the applicant provide the utility easements in compliance with Weld County Code Section 24-7-60 and Section 27-9-40. Don Carroll, Department of Public Works, asked if the open space could be utilized as a utility easement. Lauren Light, representative for the applicant, indicated that would be fine. They are already working with the water district to extend the water line across the open space. Doug Melby asked for clarification with regards to sign off sheets. Ms. Martin stated that would be required. � � Jerry Adams summarized that the final plat would delineated to reflect that the open space can also be used for utility easements and make sure there is a utility sign off sheet on the plat. Don Carroll moved to approve with those conditions. Don Somer seconded. Motion carried. Respectfully submitted, Voneen Macklin Secretary °�.,�..� DEPARTM�OF PLANNING SERVICES � � �� NORTH OFFICE 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 C. FAX: (970) 304-6498 COLORADO August 14, 2006 Tetra Tech RMC c/o Lauren Light 1900 S Sunset St Ste 1-F Longmont CO 80501 Subject: PF-1085- Request for approval of a PUD Final Plat for nine (9) residential lots with Estate Zone Uses on a parcel of land described as Lot B of RE-2953; part SW4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has fonvarded a copy of the submitted materials to the Berthoud and Johnstown Planning Commission for their review and comments. Please call Berthoud at (970) 532-3754 and Johnstown at (970) 587-4664, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sinc ly _ '�/� v" r Mich le Martin Planner :� • + ADDSTIONAL PROVISIONS ATTACHED TO ARTICLES OF INCORPORATION � OF � TWIN VIEW ESTATES flOMEOQPNERS ASSOCIATIOAT k ARTICLE 15.A. PT7RPOSES ANA POV�ERS OF ASSOCIATION This Asaociation does not contemplate pecuniary gain ar profit to the Membera thereof, and the apecific purposes for which it is formed are as £ollows: 1. To operate the Development known as TWIN VTE➢4 EBTATES � located in �6eld County, Colorado (the "Development") , in aecordance with the Colorado Renised Non-Pxofit Corporation Act, as amended. 2. To promote the health, safety, welfare and . crnmnon benefit of the reaidents of the Development. 3. To do any and all permitted acta, and to have and exerci.se ang and all powess, righte and pr.i.vileges which are granted to a Homeownexs Association under the laws of the 3tate of Colorado and the Declaration of Covenants, Conditions, Restrictiona and Easements for the Devalopment (the "Declaration") , Bylaws, Rules and Requlations. and other governinq documents o£ the Asaociation. The foTegoing statements oP purpose shs11 be construed as a statement of both purposes and powers. The purposes and po�eers stated in each clauae ehall not be limited. oT restzicCed by reference to or infexence £rom the terms or psovisions of any other clause, but shall be broadlp construed as independent purpoaes and pawers. ARTICI,E 15.B. NON-PROFIT The Association Shail be a non-�raEit corporation, without sharea af stock. � � � � ; � — -. �.._----•----- --�..,- ---- � ----------------__. .._ _ .._ .....- - •- ----- ------ ___--------- ---- � ; � • � • � , � � . r.amrcz� x5.c. L�MBERSHIP RIGHTS AND QUALIFICATIONS � The classes, z:lqhts and qualificatiqns and manner o£ election j or appointment o£ Members are as £ollows: Any person t+�ho holds title to a Lot in the Development shall be a Member of the i Association. There shall be one (1) membership for each Lot or�med � withim the Development. This membesship shall be automatically ! transferred upon the conveyance of that Lot. � ARTICLE 15.D. VOTING RIGHTS Each owner shmll have one il) note £or each Lot owned. If more than one (1) person holds a beneficial interest ia a I,ot as joint tenant, tenant in common, oz otherwise, a11 such persons shall be Membexs of the Association. If only one (1) o£ the multiple Owners of a Lot is present at a meeting of the Association, such Owner is entitled to cast the vote allocated to that 7�ot. If more than one (1) of the multiple Ownera axe present, the vote allocated to that I,ot may be cast only in accordance with the agzeement of a majority in intezest of the Owners. There is a majority agreement if any one (1) of the multiple Ownera casta the vote allocated to that Lot without protest beinq made proc�g�tly to the person presiding over the meetfnq by any of the othar Owners of the Lot. Notwithstanding the foreqoing, tha peclarant of the Developmeat shall have additional rights and qualif#cations as may b.e prova.ded under the Declaration, including the right to appoint me�era of the Executive Board. ARTTCLE 15.E. BOARD OB DIRECTORS The affairs of the AssociaYion shall be manaqed by a Board of Directors. The initial Board of Directozs shall consist of three (3y� persons. The number o£ membera of the .Hoard of Di=ectors may be changed by a duly adopted amendment to the Bylawa, except that in no event may the number of �mbers of the Board of Director8 be less than thxee t3) . The names and addresaea of the peraons who shall serve as members of the Board of Diractors until their successors shall be elected and qualified are as follows: Mark A. Kroas 7233 ➢7hitwosth Court Fort Collins, Colorado 80528 ; Burton C. Kross b933 Sedgwick Drive Fort Collins, Colorado 80525 � ' i ' ; --...-� -• ----- � ----- . _ _._.__. . . _.----- � - --- --- ---------- _. . --- _ i ; ! • • I T. Rusaell McCahan 3555 Stanford Road, Suite 204 � Fort Collins, Colorado 80525 I ARTICLE 15.F. � DI3SOT.UTION � The Aasociation may Be dissolvad only with the viritten � � consent of two-thirds (2/3) of all First Security Intex�esta ' encwnbering Lots within the Development and by written agxeement j of Lot Owners ta which two-thirds (2/3) of Che votea An the � Association are allocated as more fully provided in Che Declaration. Upon dissolution of the Asaociation, other than incident to merger or consolldation, the assets of the Association shall be sold and the proceeds thereof ahall be distribuCed to Lot Owners and lienholders as their iutezesta may appear or, if not so2d, title to such assets sha11 vest in the Lot Owners as tenants in comnon. ARTICLE 15.G. � _ OFFICERS The Hoard of Directors may appoint a President, ane (1) or more Vice Presidents, a 8ecreCary, a Treasures an@ such other officers as the Board, in accordance wi.th the provisions of ' the ByJ.axs, believes will be in the best interesta of the Association. , The of�icers ahall have such duties as may be prescrihed in the Bylaws and shall aerve at the pleasure of the Boa=d of Dixectora. ARTICI,E 15.H. AURATION The Association shall exist pezpetually. ARTICLE 15.I. LIMISATION OF LIABII,ITY OF DIRECTORS AND OFFICERS The personal liability of a Directox to the Aasociation or � its N�mbers for, dionetasy damages Por breach of fl.duciary duty as a birector is limited to the full extend provided hy CoJ.orado law. The Directars, officers, employees and Members of the + Association ehail not, as such, be liable on its obligatione. � Directors shall not be liable for actions taken or omissions to act in the performance of corporate duLies except for wanton i � and will#ul acts or omissions. � � I ,' i. ,. __� .-- ._ . _ _ __ _- -- -- _ __ . _______ � _� � � � ARTICLE 15.J. � INDEMNIFiCATION OF DIRECTORS The Asaociation ahall indemnify its Directors to the fu].1 � extent parmitted by Colorado law. , ARTICLE 15.K. AMENDMENTS Amendments to these Articlea of Tncorporation shall require the asaent of at least two-thirds (2/3) of the Membars o£ the Aseociation as pronfded in the Colozado Revised Nonprofit Corporation ACt. ARTICI,E 15.L. DISTRIBUTION OF ASSETS OPON DI590LDTION IIpbn di:ssolution of the Association, the Board of Directors shall provide for the distributlon of all assets and l�abilitias of the Association in the foJ.lowi.nq manner; 1. All liabilities and obligations of the Asaociation shall be paid and discharged or adequate provisiona shall be made far payment. � 2. Ail asaets held by the Asaociation requiring return, tranafer or conveyance which oondition occurs by reason of disaolUtion sha11 be returned, transferred or conveyed in + accordance with such requirement. , � 3. Assets received and held by tha Asaociation not subject to liabilities, conditiona ox use limitations as speci.fied above � shall be r3istributed Y.o the Ownera of Lote pro rata according to ownership interest as provided by the Declaratfon. 4. Any remaining aaseY,s may be di.atributed to such Persons, societies, organizations, governmental ' entities,. political subdivisions, or domestic or foreiqn- carporations, whether for profit or non-profit, as may be apeoified in a plan of diatrtbution adopted pvxsuant to the Colorado Revzsed Non-Profit Co,rporation Act and which is nat inconsistent with these ArtiCles of Incorporation. � i � � { i � � i � I � I�... —..._— . .._�— f -- •-- --- -.._... .._....---- -�---- ..__.------ � � � OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffrnan, as the Secretary of State of the State of Colorado, hereby certify that, according to ihe records of this office, Loveland Peaks,LLC is a Limited Liability Company formed or registered on 04/19/2007 �der the law of Colorado, has complied with all applicable reqtirements of this office, and is in good standing with this office. This entity has been assigned entity idenrificarion number 2007 1 1 9 1002 � This certificate reflects facts established or disclosed by documents delivered to this office on paper through 05/13/2008 �at have been posted, and by documents delivered to this office elecironically through 0S/16/2008(�a, 11:13:11 I have affixed hereto the Great Seal of the State of Colorado and duly generaYed, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 0S/16/2008 @ 11:13:11 puisuant to and in accordance with applicable law. This certificate is assigned Confirmarion Number 7087812 �f� ��/I�fIM�"�� Secretary of State of the State of Colorado •�k�li�tkYt�t!!t�}tk�ktk<rtRtfi�4�ilRRii?1�fL"•'nd Ot'L`ertlf•L$[CiRiRtliiikkttiM1iYtttYit�kl4YR+kitiktfi�tRt Notice:Acertrf at ' d ! h ' !lyfr th C f d Se< mrypfSt t ' W b Y trfuJlyand" d' teJy lid d ,� ti� However, ar an optiaq the Ssuance and validiry of a certificate obmined electranicnlly may 6e asta6lished by vrsiting the Certifmate Canfirmafion Page of the Secrefary of State'.t Web site, httu:/hvwwsassmte.ro.us/5'v/CerHficateSearchCrifetiado entering the certtficafe's co�rmatian monber d"uplayed on the cer�cate, and jollowing fhe inshvctlon.r displayed. Confirmlrq the 'uauance of a ce�cate "u me�e(y optiaw!and "u not necessarkto fhe valid and e,/f'ecfive issuance ofa certificate. For more informafion,visit aur Web site, http://www.sasstare.co.us/click B¢tiness Center and select"Frequen[tyAsked Ques(ions." CERT_GS_D Reviaed O VO711007 � � � Colorado Secretary of State ' Date and Time: 04/19/2007 12:54 PM Document processing fee Id Number: 2007 1 1 91 002 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document number: 2007 1 19 1002 Fees&fotms/cover sheets are subject to change. To file elecironically,access instmctions for this form/cover sheet and other information or print copies of£iled documents,visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. neovesrncEronoee�ceuseonzY Articles of Organization filed pursuant to§7-90-301,e[seq. and§7-80-204 of the Colorado Revised Statutes(C.R.S) t.En�ry name: Loveland Peaks, LLC (The name ofa l+mited liabi/iry canpany mvst contain the term ar ab6rwiation "limited liabilitycarcpany", "Itd.liabi/itycompany", "limdedlwbiliryca", "(Kliabiliryco.", •,limited,• "Uc,• ,•l.l.c.".ar'7td."§7-96601,C.RS) 2.Use of Restricted Words�jany oj�hese rerms me contained in an enbry name,true ❑ "bank"or"t7uSY'oi any detivative thereqf rsame of an errtity,aade rsmne or trademmk ❑ "ciedit union" � "savings and loan" srated in rhis documertr,mark rhe applicab(e ❑ "ntsw'ance","casualty","mutual",or"suiety" bozJ: 3.Principal office street address: 2219 S171811WOOd Df. (Street name and numberJ Fort Collins CO 80528 (C�NI (State (Posta!/LlpCode7 Unite�States (P�ovince-ifapplica6/e) (Cowhy-+fnotUS) 4.Principal office mailing address (if differont$om above): (Street mm�e and number or PastO�ce BaC infarmation) . (ciry) (3mreJ (Parral/Lrp cnde) (Province-iJaPpltcable) (Counhy-rfnotUSJ 5.Registered agetlt nazne (if an individuel): ��'af�hy Joseph .�f. (Lasr) (First) (Middle) (Sv,�/'�e) OR(if a business organizatian): 6. The person identified above as registered agent has consented to being so appointed. 7.Regis[ered agent s[reet address: 2219 S�I'1811WOOd Df. (Sbeet name and numbei) Fort Collins �p 80528 (City) (StateJ (Pastal/ZipCode) ARTORG LLC Page 1 of3 Rev.11/16/Z(105 � � 8. Registered agent mailing address (if dilleren[Gom above): (Street nrone and rt�ortber orPostO�ce Box infarmatian) (GryJ (Stafe) (Pasm72ipCodeJ (Prwince-r/'aPP7icable/ (Counhy-ifnolOSJ 9.Name(s)and mailing address(es) of person(s)fomung the limited liabiliTy company: pr�,��a;��a�q McCarthy Joseph Jr. (Last) (Firsff (Midd(e) (SuffaJ . OR(if a business organization) 2219 Smallwood Dr. (Street name and wmber or Pac!O�ce Box irformotionJ Fort Collins CO 80528 «'ty� UnS�e�States �°�`°'�ipCo°e� (Province-J'app7icable) (Counny-jnotUSJ (ifanindividual) MCC2ftfly James (Last) (First) (Middle) (Sv�'aJ OR(if a business organization) 5974 Snowy Plover Ct. (Street mm�e m,d munber w Part O�ce Bo.<irformationJ Fort Collins CO 80528 «�ry� Ur�erU SY8t2S ��ta!/LipCode) (Prwmce-ijapp(icoble) (Cauntry-ifnotUS) (if an individual) � (LastJ (First) (Middle) (Su,g'tt) OR(if a business organizalion) (So-eet name and munber or PartO�ce Box irrformatlon) (City) Un(StateJ$tateS (Poa'ta(2ipCode) IIB0 (Prwince-iJ'applicab(e) (Cauntry-ifnatUS) - (If mare Ihan ffiree persoru me fo�ming the 1'nnded liability canpany,mmk this 6as ❑and inclvde an attachment atating the true names and mailmg addreues afal[additiona(persoru formi�the lvrcited liability canpany) 10. The management of the limited liability company is vested in managers ❑✓ OR is vested in the members ❑ 11. There is at least one member of the limited liabiliry company. ARTORG LLC Page 2 of 3 Rev.I l/16/2005 � � 12. (Optional) Delayed effective date: (m.r✓dd/yyyy) 13.Additional inforsnation may be included pursuant to other organic statutes such as title 12,C.R.S. If applicable,mazk this box ❑ and include an attachment stating ihe additional information. Notice: Causing this document to be delivered to the secre[ary of state for filing shall constitute ihe affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or ihat the individual in good faith believes ihe document is the act and deed of ihe peison on whose behalf the individual is causing the document to be delivered for filing,taken in confotxnity with the requuemenis of part 3 of article 90 of title 7,C.R.S.,the constituent documenLs, and the organic statutes,and that the individual in good faith believes the facis stated in Ihe dceutnent aze true and the document complies with the requirements of that Part,[he constituent documents,and the organic statutes. This petjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or no[such individual is nazned in the document as one who has caused it to be delivered. 14.Name(s)and address(es)of the individual(s)causing the document McCarthy James to be delivered for filing: (Lastf (First) (Mlddle) (SufJ'tcl 5974 Snowy Plover Ct. (Sbeet name and mrmber or Part O�ce Bax inforntahan) Fort Collins CO 80528 ��'ty� Ur�t�`�`�States �'°�rauc;pcoae� (Prwince—rJapplicab(e) (Country—ifnotUS) (fhe document need naf state the true npme ond address ofmore tMn one individual However,f you wuh fo state the name ond address of any additiowl individuaLr cau.ring the docwnent m be delivered for filing,mark fhir boz ❑ and inclade an attachment stating the wme and address ojsuch indrvidua7s.J Disclaimer: This foan,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or wazranty. While this foan is believed to satisCy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the respansibiliry of the user of this foim. Questions should be addressed to[he user's attomey. ARTORG LLC Page 3 of 3 Rev.l l/16Y2005 � � NOTICE: This "image"es merely a display ojinjorma6on that was filed electronically. !t is not an image that was created by oprically scarming a paper document. Na such paper docnrnent wns filed. Consequent[y, no copy oja paper document es mailable regarding thrs document. Quesrions?Contact the Business Division. For contact injormanon,please visit the Secretary ojState's web site. � � � Colorado Secretary of State ' Date and Time: 03/30/2008 02:35 PM Document processing fee Id Numbe[: 20071191002 If document is filed on paper $100.00 If document is filed elecVonically $ 10.00 DoCument number. 20081172007 Late fee if enliTy is in noncompliant status If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees&fonnslcover sheets are subject to change. To file electronically,access ins[ructions for this form/cover sheet and other information or print copies of filed docucnents,visit www.sos.state.co.us and select Business Center. Paper documents must be typewntten or machine printed. neove srnce roa o��ce use oN�v Annual RepoM filed pursuant to§7-90-301,et seq. and§7-90-501 of the Colorado Revised Statutes(C.R.S) ID number: 20071191002 Enury n�"e. Loveland Peaks, LLC Jurisdiclion under the law of which the entity was fonned or registered: COIOf8d0 You mast complete tine 1. Notice: Causing this document to be delivered to ihe secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of pequry,that the document is ihe individual's act and deed,or that the individual in good faith believes ihe dxument is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in wnfortnity with the requiremen[s of part 3 of article 90 of tide 7,C.R.S.,the constituent documents,and the organic statutes,and that ihe individual in good faith believes the facts stated in the document aze t�ue and the document complies with the requirements of that Part,the cons[ituent documents,and the organic statutes. This pegury aotice applies to each individual who causes ihis document to be delivered to ihe secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered, 1.Name(s)and address(es)of the individual(s)causing the document MCCBrthy JOS2ph George Jf. to be delivered for filing: (Last) (FirstJ (MiddleJ (SvJJ'u) 2219 Smallwood Dr (Street name and m�mber w Past O�ce Box injormaponJ Fort Collins CO 80528 (Cityf (StateJ (Postal2ipCode) � (Province—ifapplica6/eJ (Caunlry—rfmt(JSJ (The docwnent need mt state the lrue name and nddress ofmore tMn ane individ�wL Howeveq rf}rou wuh to state!he name and address of any additiana/individuqU caysing fhe docwnenf m be delivered for filing,mark tltu Gax � and inciude an attac/vnent stating the name and addrers ofsuch individvals.J REPORT Page 1 of 2 Rev.0l/0l/2008 � � ❑ Mark the boz if information requested below is cuirent in the records of the Secretary of State OR complete Questions 2 through 7. 2.Principal office street address: 2219 SfT18��W00d �f. (Streetname and numberJ Fort Collins CO 80528 «'ry� Unff��States �°srauc;Pcoae� (Prw/nce—rfapp7icable) (Counvy—IfnolUSJ 3. Principal office mailing address: (if difCerent from above) (Street nmtte and number o�Past O�ce Bas information) (CiryJ (StateJ (Posta7/LfpCodeJ (Prwince—rfapplica6/eJ (Counlry—fnotUSJ 4.Registered agent name: (if an individuaq MCCBfthy J0S2ph J�. (LastJ (FirstJ Qvliddle) (SuJJizJ OR(if a business organization) 5. The pe7son identif`ied above as registe�d agent has wnsented to being so appointed. 6.xegisterea agem streec address: 2219 Smallwood Dr. (Streef rtame and nvmber) Fort Collins CO 80528 (City1 (SmteJ (PostaUlipCode) 7.Re�stered agent mailing address: (If aiffelent from above) (S(ree!mm�e and number or Post O�ce Boz informotionJ (CiryJ (State) (Postal2ipCode) (Prwmce-rfapplicabk) (Country-ifnatUS) Disclaimer: This fo[xn,and any related instructions,are not intended to provide legal,business or ta�c advice,and are offered as a public service without representation or wa�ranty. While this fonn is believed to sarisfy minimum legal requiremen[s 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 attomey. REPORT Page 2 of 2 Rev.0 V0l/2008 , � NOTICE: Thes "image"is merely a display of infa-mation that was feled electronically. It is not an image that was created by optically scnnning a paper documenG No such paper document was fiLed. ConsequenHy,no copy oja paper document is wailable regmding this document. Ques[ions?Contact the Business Drvision. Fa-contact informaBon,please visit the Secretnry ofState's web site. � � OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this oft'ice, Twin View Esta[es Homeowners Association is a Nonprofit Corporafion formed or registered on p�/11/2006 �der the law of Colorado, has complied with all applicable requirements of this office, and is in good standing witfi this office. This enrity has been assigned entity idenrification number 20061280312 This certificate reflects facts established or disclosed by documents delivered to this of£ice on paper through OS/13/2008 �at have been posted, and by documents delivered to this office electronically through OS/16/2008 (�a, 11:18:34 I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on OS/16/2008 @ ll:18:34 P�suant to and in accordance with applicable law. This certificate is assigned Confirmarion Number 708'7824 • I ��Kr� ��/I�yl�.� Secretary of State of the State of Colorado rts��trt�+ssr�4+rs�Rs��fttu�tssara�wt�ra�End of Certifica[OfissRFs:ss�ta�t:tsx,xawsr+�si�Rs��r�aaxtss Natice:A rt f r � d ! tro � lly jrcm the Cof d Se [r�f SY t ' W b 'v u fy!!y a d imn d� t ly alid d eJf b� Hawever, m an optioq the Bsuunce and valklity of o certrfica[e o6fained electron(cal(y may be utablished by visitmg the Ceilrfsafe Confomation Ppge of the Secretary ojState'a We6 site, h�fi://www sos sWte co us/brtlCerfi�cateSearchCriteriado entering the certificate's co�rmatlon manber displayed on fhe cer�cate, and fo!lowing the insvuc(ians displayed. Confl�mi g Me ' (a cen�cate u me !v wt�ow!and is n t necessary to 1he volid and e,(/'ective issuance of a ce'tificate. Fo�mwe informafion,vtsit our Web aite, http://wwwsassfate.co.us/click Buriness Centerandse(ect"FrequentlyAskedQuesfionr." CERT GS_D Revued 0U0712007 � � � Colorado Secretary of State ' Date and Time: 09/12/2007 10:57 AM Document processing fee Id Number: 20061280312 If document is filed on paper $100.00 If document is filed electronically S 10.00 Documettt number. 20071418814 Late Fee if entity is in noncompliant status If document is filed on paper $ 50.00 If documen[is filed electronically $ 20.00 Fees&forms/cover sheets are subject to change. To file elecVonically,access insuuctions for this form/cover shee[and other infonnation or print copies of filed documents,visit www.sos.state.co.us and select Business Center. Paper documents must be typewntten or machine printed. neovesawceFonoeF�ce useox�r Annual Report filed pursuant to§7-90-301,et seq. and§7-90-501 of the Colorado Revised Statutes(C.R.S) ID number. 20061280312 Encity name: Twin View Estates Homeowners Association Jurisdiction under the law of which the entity was foimed or regis[ered: COlOf8d0 You must rnmplete line 1. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affiRnation or acknowledgment of each individual causing such delivery,under penalties of pecjury,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 peison on whose behalf ihe individual is causing the document[o be delivered for filing,taken in confoimity with ihe requirements of pazt 3 of azticle 90 of title 7,C.R.S.,the constituent documenis,and the organic statutes,and that the individual in good faith believes the facts stated in the dceument are we and the documen[complies with the requirements of that Part,the constituent documents,and the organic statutes. This pequry notice applies to each individual who causes this document to be deliveced to the secretary of state,whether or no[such individual is named in the document as one who has caused it to be delivered. 1.Name(s)and address(es)of the individual(s)causing Ihe document to be deliveied for filing: MCCBfthy Joseph G Jr. (Las+) (First) MuIAe) (3u�'tt) 2219 Smallwood Dr (Sbee!name and m�mber or Ppst O�ce B�irtformalionJ Fort Collins CO 80528 (CiN1 (State) (Postp!/LipCodel (Pravince—iJapplicabJe) (Cauntry—fwrUS) (The doaunent need not state!he true name and address ofmore than one individuaL Howeveq if yrou wish to state Ihe name and address af arty add'Uiana!individuak cmuirtg the dxmrertt ta be delivered for filirtg,mark thir baa Q and include an attac/uttenf stanng the name and addresa ofsuch individuak.) REPORT Page 1 of 2 � Rev.3/8/2006 � � ❑ Mark the boa if utfotmation requested below is current in the records of the Secretary of State OR complete Questions 2 through 7. 2.Principal office street address: z219 S�I1811w00d Dfiv2 (Street name and numberJ Fort Collins CO 80528 �c+ryl rar (Posrar2:Pcode� Uni�e�States (Prwince-`f app7ica6leJ (Country-fnot USJ 3.Principal office mailing address: (if dillerent Gom above) (Street mm�e and num6er or Post O�ce Boz information) (City) (State) (Pasta!/Lip Code) (Pravince-rfapplicab(e) (Country-ifrrotUSJ 4.Registered agent name: (ifan individuat) �CCerthy Joseph .lf. (!�y (Firsr) 4uiddle) (Sujfu) OR(if a business organization) 5. The person identified above as registered agent has wnsen[ed to being so appointed. 6.Registered agent street address: 2219 Sff18��W00d �fIV@ (Street name and num6erJ Fort Collins �p 80528 rcrryl (s��rel (��muz;p c�rel 7.Registered agent mailing address: (if difFeient from above) (Street mm�e ard number or Post O�ce Bas infrnmutionJ (Ctry) (Stafe) (Poatal/LipCale) . (Province—�app(icableJ (Counhy—ifnofUS) Diaclaimer: This form,and any related instructions,are not intended to provide legal,business or taac advice,and aze offered as a public service without representation or wacranty. While this foim is believed to satisfy minimum legal requuements 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 focm. Questions should be addressed to the user's attomey. AEPORT Page 2 of 2 Rev.3/8/2006 � � NOTICE: This "image"is merely a desplay of infarmarion that was f+led elecironically. It is not an image that was created by optically scanning a paper dceument. No such paper document was filed Consequently, na copy of a paper docwnent is marlable regmding this dceument. QuesHans?Contact the Business Diviseon. Far contact injormation,please visit the Secretary ojState's web site. � • ` '` 20D713184S4 M 3 10•� Documentprocessingfee SEGRETflRY � STATE If document is filed on paper $10.00 a{-io-zm� 13:58:40 lf documrnt is filed decwnicalty Currmtly Not Availabk Fees&fortns/covc sha.ts are subject to change. To file electronically,access instructions for t6is fom✓covex sheet and other infocmation�print wpies of filed documents,visit wwwsosstace.caus and select Business Ccnter. Paper documents must be typev+ntten a'machice printed. .eove��ce roa oc�wea+�x Statement of Change � 61ed pursuant to§7-90-301,et seq:and§7-90-305.S or§7-90-604 or§7-90-701 or§7A0-702 or§7-90-705 or §7-90-804 of the Coloredo Revised Ststutes(C.R.S) ID numbcr. . � . . 20061280312 1,Entity name: Twin View Estates Homeowners Assoclalion � 2.True name: . -�yif diffeteM from llte entity treme) Complete lines 3-15 as applicable. Yon must coroplete Itne 16. 3.Resignauon of re�stered agart of record: Date on which agent resigned: June 29.2007 (mm/dd/riri1 Registered egent(ifan'udividusq Greenlee Stephen C. (/dy) �rsr/ (AfiddleJ (3ldfirl . OR(if a buainess organizatioe) � Registerod ageM street address: 3555 Stanford Road.Sulte 204 � (5neer wlne a�d oumbtrl Fort�rre CO �5 � (C%), (Swle) (Poaal2ipCode) � The porson appointed as regis[ered agent has delivered naice of the change to ffie entity at the principal office address of its principal office. 4.Appointment of new re�stered agent foliowing resignation of registered agent of record: Reglstered egenh(if an iadividual) M��Y ��Ph Jr. (Lenl (Fn+l lMtddle) . (S40u/ OR(if a busincss o[gan'vation) . The person appointed es registered agent in the docmnent has conserted w being so appointed. CHANGE Page 1 of4 Rw.7?J/2006 � � � Registwed agent street address: 2219 Smalhvaod Dmre ($lrxf+mne a�d numberl FortCoilins CQ 80528 (Ciyf (SrareJ (Paual/lipCodel Registered agent mailing address: (if diReren[fiom above) (Sfreellwme and numbn w Pwl�ct Bor inJormalionJ (Ciry) �Smle) (PosmlZpCode) (Prowuce-ifopylicnb(e1 (Cwm�ry-y'no�US7 5.Change of regisoered agent name and/or address of record: Registered agenh(itan individuary (GnrQ (Firar) (Midd(e/ (SuJfizl OR(if e bminess organization) 7tie person appointed as registerod agent in the document has consented to being so appointed. Registered ageot stRet address: (Slrret imme and nwnber) � � (C7N) (Srore� /Poseol2'p Code1 Registered agen[mailing address: (if different @om above) FSfrce mms ond nwnber or Pos:Ogfee BoxiuJonna�ion) �CiN1 (Smrc1 (Po.nal/LipCode) (Province-ifapplMabk) (Cauntry-U�US) lf the change is being effected by the rogistered agwt,the following statement applies: 7t�e person appointed es registeered agent has delivered notice of the change to the entity at the prineipal office addrc.ss of i4 principal office. 6.Change of pri�ipal office address of record: New principal office street addcess: 2219 SmaNwood�flve (Srrcetmmeandnumbn) FOA CalBns - CO 80.528 (CiN1 (SmteJ (Poam(?ip Code) (Provixe-Jfapp/'woWe) (Caunhy'tJnoeUS1 New principal office mailing address: (if diffdrnt from above) (S�reM mme md nunber or Pa{tOf/'xe Borinfonnatia� CHANGE . P�ge2ol4 Rev.2r0/1006 � � - (cryl lsm�l lawrau�rc^�1 (Pioviwu-tfapp/i�A7e) (Cotmby-�'wolUSJ 7, �OCUifICf1�RIIIL�Cl: (rcquimd for chauge(s)to 8,9,10, andJor 11 below) 8. Change of entity name of rococd([.LP,a�t 61 LLLP or fo�cign rntiry only): New cntity name: 9.Changc of true namc of rcConl(LLP,an.61 LLLP,grneral pn�v�e�s6ip or forcign rnfiy only): New true name: 10.Change of jurisdiction of formation of record(eoreign mury oniy): New jurisdiction of fofmadon: I 1. Chenge of entity form of record(fomigu mriry rnily): New entity form: . 12.Other change(s)not provided for above: lf other ieformation contained in the filed document is being changed,mark tiiis box ❑ and include an attachment stating the information ro be chenged and each such change. lf otha infom�etion is being added or deleted,mazk this box ❑ and include an attachment stating each addiuon or delMian. , l3.Withdrawal of Statement of Registrarion of True Name:(if applicabk,mazk tnis bmc �) 14.Use of Restrided Words f4am olthcse rerrm.f am auualrtad in an uruy mere,mre ❑ "6ank"or"ttust"or arry derivative thereof mme oJm enrry.u�e mme or maEe�nark ❑ "aedit union" ❑ "savings and loan" smKd in fAls daumrn6 awuE rAe appGoabfe ❑ "insurence••,«Cesuelfy•,••mutu8l�,Or••surch," �r l5.(Op�ionnl) Delayed effective date: l�/�i7fyl Notice: Ceusing this document to be delivered to the secretary of staro for fiting shall cm�sadrte the atfirtnaao�or aclrnowledgment of eech individual causing suc6 delivery,under�alties of pery'ury,that the document is the individual's act and deed,or that the individual in good fait6 believes die document is the act and deed of the person on whose behalf the indiridual is causing the document to be delivered for filing,takw in coafo�miry with the requi�ements of paR 3 of article 90 of tiUe 7,C.RS.,the constituent docum�ts,and the organic statutes,and that the individuel in good faith believes the facts stated in the document are dve and the document complies with the reqwrements of that Part,the constituent documenis,and the organic statutes. � 7tiis perjury notice applia to each individuel who causes this dceument to be deGvered W the secretery of state,whdher or not such individual is named in the dacummt es one w6o has caused it to be delivered. CHANOE Pege3of4 , R�v.12L2006 � � 16.Name(s)artd addrGss(es)of fhe individual(s)causing the document �� ro be delivered for filing. M��y Jr. (fnrrl (Fim) lM�dak) (S�d�) Y219 Smallwaod Orive � ($heef mme md nrmber or Pmr�n Bw Ixfom�allon) Fort Collins CA 80528 (C�nl (Siarel (Pasm�//�vCodel (Provim-IJopp7itaWe) (Caunlry'ifnolllS) (%6e dacumeN�rctd ool amle Ju hvt rmme andoddrcn ofinarc(Jwn one lndirid�wL fJmvever,if you wilh ro ttae Ihe name arid rtddress . olaK3'^�+b"°��"'�dua4causi�ds d«rmeIn to be ddivercdJorI�US.wark�Fis bo� Q and i�rclu(k an arrachmem rta�ing rpe namt and addre.v nlauch indiv7d�aGJ . Disclaimer: This form,end any related iretructions,are not intended to provide legal.business or tau advice,and are - offered as a public savice without representation or wartanry. Whik ihis form is believed W satisfy minimum tegal requira�ents as of its�evision data,compliancc with applicable law,as ihe same may be amended from dme to time,remains the responsibility of the user of this form. Questions should bc addressed tu Ihe user s attaney. _ � CHANGE Page�of4 Rn'.�� % �a��izi5��a r� s ta.a� Document rocessin fee �Ct?ETAR'f i.� STATE P S fti5-�3-'�QI]7 ?4:21:23 If document is filed on paper $I0.00 If dacument is filed electronically Currently Not Available Fees&forms/cover sheets are subject to change. To file electronically,acecss instructions for this form/cover sheet and other information or prin[copies of fiied documents,visi[www.sossta[e.co.us and select Business Center. Paper documents must ba typewritten or machine printed. eeo�esrece voaorFlce oseorar Statement of Change filed pursuant to§7-90-301,et seq.and§7-90-305.5 or§7-90-604 or§7-90-701 ar§7-90J02 ar§7-90-705 or y7-90-804 ofthe Colorado Revised Statutes(C.R.S) ID number: 200s7280312 1.Entity name: Twin View Estates Homeowners Association 2.True name: (if diffe�ent From[hc mtity reme) , Complete lines 3- 15 as applicable. You must complete line 16. 3.Resigna[ion of registered egent of record: Date on which agent resigned: 0S!0V2007 Imm/ddtyyyyJ Registered agent(ifan indiviauaq Kross Burton C. (Lasq (FirmJ (Middle) (Su�x) OR(if s businws organi>ation) Registered agent street address: 6933 Sedgwidc Drive (Sfreer name and num6erJ Fort Collins Cp 80525 (Ciry) (S/aee) (PormllLiP CodeJ The person eppointed as registered agent has delivered noUce of the change ro the entity at the principal office address of its principal office. 4.Appointment of new registered agent following resignation of registered egent of record: Registered agent(ifan indivcduaq Greenlee Stephen C. (Las/J (Fir.c(J (Middle) (SuffuJ OR(if a business organization) The person appointed as registered agent in the dceument has wnsenled[o being so appoinrod. CHANGE Pogc I of4 Rcv.2232006 � � ! -� Registered agent street addross: 3555 Stanford Road (Sneet name and number) Suite 20a Fort Cdlins CQ 80525 (Ciry) (Smre) (Posm(/L1pCode) Registered agen[mailing address: (if diffttent Gom above) ($reel nane anQ number ar Pav�ce Boi infarmalion) (Ciry) (Smre) (PoawULip Code) (Pro��inc¢-�applicnble) (Counrry-ifnofUS) 5.Change of registered agent name and/or address of record: Registered agent(if an individuai) (ln.sr) . (FiaQ (Middle) (Si�u) OR(if a business organizetion) The person appointed as registered agent in the dceument has consented to being so appointed. Registered agent street address: (Smee!nane and numberJ C� (CiN) (Smte1 (Pw1a12iP�e) Registered agent mailing address: (if diffefCn�Crom above) (S(reet name and number ar Post O�ee Bos in/'ormotionl (C(ryl lSrare) (Pusrul2ipCode) (Prorince-ifapp(icable) (Counlry-ifnatUS) If the change is being effected by the regis[ered agent,the following statement applies: "The person appointed aa regis[ered agent has delivered notice of the change to the entiry at the principal office address of its principal office. 6.Change of principal o�ce address of record: New principal office street address: 3555 Stanford Road (&reel Iwme and npmberJ $UiIB 204 Fort Col�ins CO 8tl525 (Ciry) (Sfa�e) (ParmfZp CadeJ (Provirr¢-t/apP(icab(e) (Cauntry-%rotUSJ New principal o�ce mailing address: (if differtnt&om above) (Srrcef name and number or Poat�ce Boxlrcfarmarron) CHANGE Page 2 of 4 Rev.L23/2006 � � :, (CiN) (Smte) (PormllLipCnde) (Province-ifopp(Icable) (Counrry-iJnotUS) 7. Document number: (requirod for change(s)ta S,9,I0, anNor I1 below) 8. Change of entity name of record(LLP,en.61 LLLP or£oreign en[iry only): New entity name: 9.Change of true name of record(LLP,art.6I LLLP,general pannership or foreign rntity only): New true name: 10.Change ofjurisdiction of fortnation of record(foreign enciry only): New jurisdiction of formation: I 1. Change of entity fortn of record(foreign entiry oniy): � New entity fortn: 12.Other chartge(s)not provided for above: If other information contained in the filed document is being changed,mark this 6ox ❑ and include an attachment stating[he information to be changed and each such ehange. If other inFormafion is being added or deleted,mark this box ❑ and include an attachment sta[ing each addition or deletion. l3.W ithdrawal of Statement of ReBstration of True Name:(if applicable,mark this box �) 14.Use of Restricted Words(�fa�y o(rh�e rerms are mn�ained in an enRry name,�rue ❑ "bank"or"W sP'or xny derivalive thereof name ojan em�ry,rrade rwme or vademark ❑ "crcdit union" ❑ "savings and loan" � smted in rhis dacument,mark'he appiicab(e ❑ "insurance","ca5ualty","mu[ual",or"surety" bas): 15. (Optiona!) Delayed efiective date: (mm/dd/YYri) Notice: Causing this document to be delivered ro the secretary of state for filing shatl constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of pery'ury,that ihe documen[is the individual's act and deed,or that the individual in good faith bdicves the dceument is the act and deed of the person on whose behalf the individuat is causing the document to be delivered for filing,taken in confortnity with[he requirements of part 3 of article 90 of tide 7,C.R.S.,ihe wnstituent documenis,and[he organic statutes,and that the individual in good faith believes the facts stated in the document are[rue and the document complies with the requircments of that Part,the constituent documents,and the organic statutes. This pery'ury no6ce applies to each individual who causes this document to be delivered[o the secretary of state,whether or not such individual is named in the document as one who has causcd it to be delivered. CNANGG Pag<3 of4 Rev.2!1)2006 � � (Ciry) (Smte) (PostaULipCadeJ (Prwince—rfapplicabk) (Country—ifnot(IS) 9. If the coiporation's perial of duration is less than perpetual,state the date on which ihe period of duration expires: (mm/dd/yyyy) 10. (Optiona[) Delayed effective date: �n,miedivm'I I 1.Name(s)and address(es)of incoipoiator(s): (if an individual) K�OSS BUffO11 C.. (Last) (Firsy �liddle) (SuffttJ OR(if a business organization) 6933 Sedgwick Drive (Streel name and rtum6er or Part Office Bac infomiatlonJ Fort Collins CO 80525 (CiryJ (�State (Postal/LipCode) Unded States (Province-rfapplicabk/ (Country-ifna!l1SJ (if an individual) (Lasr) (Firsy (M;ddle) (31$aJ OR(if a business organization) (Street name and number or PastO�ce Box infarmadonJ (C�7'I (smre (Pasra//Lip cade) Unitec�States (Prwince—rfapplicableJ (Caunhy—tfnatUSJ (If aIl indiVldUe�) (Last) (First) (Middk) (Suffix) OR(if a business organization) (Sheet name and m�mber or Pas[O�ce Box informanon) (Crty) (State (Parta!/LipCodeJ UrntedStates (Prwince—iJ'applicable) (Country—ifnotUSJ (lfmore thm�Ihree incojporarors,mark thir bas ❑ and include an attachmentsmting the mm�es and addresses ojall incorporatora./ ARTINC NPC Page 2 of 3 Rw.11/16/2005 � � ; � 16.Name(s)and address(es)of the individual(s)causing the dceument to bt dclivered for filing: Greanlee Stephen C. (LatU (firsU (Middle) (Su[/'u) 3555 Stan�ord Road (S�reel name nnd number w Pps!�ce Box ircfommtionJ Suite 204 Fort Collins CO 80525 (cry) (Smre) (PasmUZipCode) (ProWnce-ifnpplicnbleJ (Caunrry-ijnotUS) (Thtdocumentncedno(,ffaielFetruennmeartdaddressafmorclMnaxindividual. Noweve�,i�youwitArosta(ethenamepndaddress o/nny rtdditional individw(s cauring tM1a Aocumen!m be deliveredJor filing,mark fFit hu � nnd include an almcRmenl smting(he neme and address oJsuch individuals.J Disclaimer: This focm,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public secvice withouf representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applica6le law,as the same may be amended from time to time,remains the responsibility of the user of this fortn. Questions should 6e addressed[p the user's atlomey. CHANGE Page 4 ot4 Rev.221/200fi � � � Colorado Secretary of State ' Date and Time: 07/11/2006 10:17 AM Document processing fee Id Number: 20061280312 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document number. 20061280312 Fees&forms/cover sheets aze subject to change. To file elecVonically,access insVuctions 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 typewtitten or machine printed. naovesanceeoRo�iceuseor,�v Articles of Incorporation for a Nonprofit Corporation filed pursuant to§7-90-301,et seq. and §7-122-]Ol of the Colorado Revised Statutes(C.R.S) 1. Entiry n�e: Twin View Estates Homeowners Association (The name ofa nanprofit corporation may,but need w[,canfain the term or a66reviation "corparation", "incorporated", "company", "limded", "corp.", "inc.", "co."or"I[d." §7-90.601,C.R.SJ 2. Use of Restricted Words(ifany ofrhese terms are contmned in an entity�mme,true ❑ "bank"oi"[tvsY'oi any derivaUve thereof name oJan entity,trade nmrte w hademark � `bredit union" ❑ "savings and loan" srared in rhis documenr,mark rhe applicab(e ❑ "insurance","casualTy","mutual",or"surety" boz): 3. Principal office street address: 6933 S6dgWICk DfIVe (Street mm�e and numberJ Fort Collins CO 80525 (City) (SWte! (Pasta!/LipCodeJ United States (Province-rfapplicable) (Cwnfry-+fnotUSJ 4.Principal office mailing address: (if difTe�ent ffom ebOve) (Street nmrce a�d number or PactO�ce Bax info�matianJ (C7ty) (State) (Pactal2ipCade) (Prwince—rfaPplicable) (Counhy—�fnot(/S) S.Registeredagent: (ifanindividual): KfOSS BUf'tOfl C. (Laat) (FirstJ (MiddleJ (SuJfixJ OR(if a business organizarion): 6. The person appointed as registered agent in the document has consented to being so appointed. 7. Registered agent street address: 6933 SedgwiCk Dfive (Street name and nvmber) FoR Collins �p 80525 (Ciry) (State) (Postal2ip CadeJ 8.Registered agent mailing address: (iC dif�elen[from above) (Sdeet mm�e aral number or Patt O�ce Bac injormation) ARTINC NPC Page 1 of3 Rev.lUl6/2005 � � 12. The nonprofit corporation is foimed under the Colorado Revised Nonprofit Cotporation Act. 13. The wiporation will Q✓ OR will not ❑ have voting members. 14.A descnption of the distnbution of assets upon dissolution is attached. 15.Additional information may be included pursuant to§7-122-102,C.R.S. and other organic statutes. If applicable,mazk this box �✓ and include an attachment stating the additional informalion. Notice: Causing ihis document to be delivered to the secretary of state for filing shall constitute the aft"innation or acknowledgment of each individual causing such delivery,under penalties of perjury,that ihe document is the individual's act and deed,or that ihe individual in good faith believes the document is the act and deed of the peison 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 documenis,and the organic statutes,and that the individual in good faith believes the facis stated in the document are we and the document complies with[he requirements of that Part,the constituent documents,and the organic statutes. This pegury notice applies to each individual who causes this document to be delivered to the sec[etary of state,whether or not such individual is named in the document as one who has caused it to be delive�d. 16.Name(s)and address(es)of[he individual(s)causing the document [o be delivered for filing: {�f0SS BUfIOiI C. (Gast) (Firsy (Middle) (Suf/'u) 6933 Sedgwick Drive (Street name and munber or Past O�ce Bax informatlan) Fort Collins CO 80525 rc�ry� United States��ipc�e� (Prwince—rfapp/tcpble) (Counhy—rfrtotUSJ (fhe dacwnent need nat state the true nane and addiess ofmare than ane individuaC However,ijyau wiah to state the name and address ofany additional irx7ividua/a causing the dacwnertt to be delivered far fJing,mark this bnx ❑ and include an attachment sfafmg fhe wme and pddress ofsuch indrviduaJs.J 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 wartanty. While Uus form is believed to satisfy muumum legal requiremenis as of its�vision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibiliry of the user of this form. Questions should be addressed to the user's attomey. ART[NC_NPC Page 3 of 3 Rev.I l/16/2005 � � NOTICE: This"image"is merely a display of injormation that was filed elechonicalfy. It is not an image that was created by optically scanning a paper dacument. No such paper dceument was filed. Consequently, no copy oja paper document is available regarding this document. Quesfians?Contact the Business Division. For contact informa[ion,please visit the Secretary ofState's web site. Click the following links to view attachments Attachment 1 ac men �o Articles of Incorporation � � PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Numbers: 1061 0S 000036 Legal Description: Lot B of RE-2953; Part of the SW4 of Section 5, T4N, R68W of the 6�" P.M., Weld County, Colorado Existing Zone District: A(Agricultural); Proposed Zone District: PUD; Total Acreage: 71.68; Proposed #/lots: 9 Average Lot Size: 6.3 acres; Minimum Lot Size: 4.6 acres; Proposed Subdivision Name: Twin View Estates Proposed Area (Acres)Open Space: 10.95 acres Are you applying for Conceptual or Specific Guide? Specific FEE OWNER(S) OF THE PROPERTY(If additional space is required, attach an additional sheet) Name: Twin View Estates LLC Work Phone#: (970)231-1430 Address: 6933 Sedgwick Drive, Fort Collins, CO 80525 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Lauren Light, Tetra Tech RMC, LLC Phone: (303)772-5282 Address: 1900 S. Sunset Street, Suite 1-F, Longmont, CO 80501 Email: Lauren.light@ttrmc.com UTILITIES: Water: Little Thompson Sewer: Engineer Designed Septic Systems Gas: Propane Electric:Poudre Valley REA, Inc. Phone: Qwest DISTRICTS: School: Thompson R-2 (J) Fire: Berthoud Fire Protection District Post: Berthoud I(We)hereby depose and state under penalties of perjurythat 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 appiication. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Dept. of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado� b ' 05:� � \� 04� Signature: Owner or Aut oriz d gent D te -1- � • � TETRATECH RMC June 9, 2006 To Whom it May Concern: Twin View Estates, LLC has contracted with Tetra Tech RMC to process all work related to a Final Plat application to be filed in Weld County. Tetra Tech RMC is authorized to represent Twin View Estates, LLC throughout this process. Mark Kross is authorized to sign for Twin View Estates, LLC. Sincerely, � . � '�i��%=� Mark Kross 1900S.Sunset5tree4Suitei-FLongmont,CO80501 Te1:303.772.5282 Fa�c 303.665.6959 www.ttrmc.com � � STATEMENT OF AUTHORITY 1 . This Statement of Authority relates to an entity named: TWZN VIEW ESTATES, LLC, a Colorado Limited Liability Company. = . The type of entit}� is a limited liability company. 3 . The entity is formed under the laws of Colorado . 9 . The mailing address zor the entity is 3555 Stanford Road, Suite ?04, Fort Collins, Colorado 805?5 . S . The names and positions of the persons authorized to execute instruments conveying, encumbering or otherwise affecting title to real property cn behalf of the entity are as follows : Mark A_ Kross Manager Stephen C . Greenlee Manager 6 . The foregoing shall not be construed as pr2cluding the exercise by any other party of due authority to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity. 7 . Except as specified in paragraph 5, above, the authority of the foreaoing persons to bind the entity is not limited. 8 . This Statement of Authority is ex2cuted on behalt Of the entity pursuant to the provisions of Section 38-30-172 , C.R. S . � • E�:ECUTED this 23 �day of September, 2G02 . TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company BY� ,f� �16,/l.� Mark_ A. Kross, Manager � ay: ��iG.,d�� Ste�C. Greenlee, Manager STATE OF COLOkAi)O ) ) ss . rnrT1JT'�' QF LAR.IMER ) The ioregoing instrument was acknowledged before me this �� day of September, 200?, by IKark A. Kross and Stephen C . Greenlee as IKanagers of TWIN VIEW ESTATES, LLC, a Colorado Limited LiaLility Curi�paiiy. WITNESS my hand and official seal . My commission expires : �la(p`�CL1(D _ � � � ot Fub ic ,t.��OTAR j„�y . : . N�,A�BL�Cj�DO TF�F COL��P My Corrunission E�ires 712612D08 INELM O4/:4/p'_) _ i iiiiii iiui ii�iiiii iuii iiiiu iiiii iii iii�i iiii iiii � , 3488092 07/06/2U07 10:12A Weld CounN, C0 pj 1 ot 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder STATEMENT OF AUTHORITY (638-30-172, C.R.B.) 1. This Statement of Authority relates to an entitylaamed LOVELAND PEARS, LLC, A COLORADO LIMITED LIABILITY C0MPANY 2. The type of �ntity ie a: � corporatioa ❑ registered linited liability partnershiy � aonprofit corposation ❑ sngietered linit�d liability limited partnership � limited liability compaay ❑ limited partnerssip association ❑ gesieral partaerehip ❑ gwernmeat or governmental subdivision or agency � limited partnership ❑ 3. The eatity is formed under the laws of COLORADO 4. The mailing addreas for the entity ie 2219 SMALLWOOD DRIVS PORT COLLINS CO 60528 5. The � name � poei[ion of esch perroa authorised to executn instrumente conveying, encumbering, or othaxvriae affecting title to real proyerty oa behalf of the eatity ia JAM�3 G. MCCJIRTHY OR JOS&PH G. MCCARTHY JR. . NANAaERs 6� The authority of the foregoing pereon(s) to b1n8 the entity is �not limited ❑ limitefl as followe: 7. Other aattere conceraing the maaner in whicb the entity desla with interesta in real propertyr 8� Thie etatenent of Authority is executed on behalf oE the entity pursuant to the provisione of 838-30-172, C.R.S. 8xecuted thie �� day of �� Z�� . fOA 1.OVG.L�D PWCB. LLC. A COLo]uDo LL(I'1'm LSADIL2TY CO1tPLMY State of dl�r�� ) )ee. County ot r �M e� ) r the foregoiag instrummt was acknowledged bafore ne thie � g day o! �it/�C ZGI�7 by ooesvx o. Ycr�sxei. �m. au rot uw.�*m ewcs, r.r.c. A coweano ancza� nsAsxcxrr owvanr S Witnees my haa8 aad offici �,M'�B G O ady comm�eaion expires: KN��PR��p�O�''� �.�P�6�F ��, =y runii� wxsrr ttaCoxnaa xaxoax xo: �m„ewr` �J l. Thi� �eo �Aeuld not 6� v�W �ul�u CE� utlty L aap�El� o! JOSEPH G. XCCARiNY, JR. ho3dSn0 eitl� [o sv�l pzop�rty. 2219 SNALL610W DRIVE 1. 1'6� W�no� of �ny liaiGaCion �h�ll b� yrir lwl� w1Amo� tMt ao �uah 1Lie�tien �xisC�. FORT COLLIN5� CO 80528 7. ih� �e�tu�ae e! autlarity w�e 1» r�aosd�d w ebtain eh� '°^� b�a�!it� o! th� �CaCuC�. PC25073520.1 �� Form 759 02/12/03 SOA C5103165) _. � � z �� ,{��,� �� % 14of�3 R i6 020 D 64�00� Ste aeMoreno Clerk d flecorder GENERAL WARRANTY DEED THIS DEED is made this 29Lh day of June, 2007, by and between BOAZ FARM LLC, a Colorado Limited Liability Company, the mailing address of which, for purpose of this General Warranty Deed, is 3555 Stanford Road, Suite 204, Fort Collins, Colorado 80525 ("Grantor") , and LOVELAND PEAKS, LLC, a Colorado Limited Liability Company, the mailing address of which , for purposes of this General Warranty Deed, is 2219 Smallwood Drive, Fort Collins, Colorado 80528 ("Grantee") . WITNESSETH: That Grantor, for and in consideration of the sum of Ten Aollars {S1G. 00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto Grantee, its successors and assigns, forever, that certain parcel of real property, toqether with all improvements, if any, situate, lying, and being in the County of Larimer, State of Colorado, as described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") . TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances . TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantee, its successors and assiqns forever. And Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantor does hereby warrant the title to the same, subject only to the following: A. All easements and rights-of-way in place or of record. AfTFA REC0RDING RENRNTO: SosQah rY�cCo�k�� Sr• a�o�3sao.\ � , �a1�1 �'rtall wooc.4 D-r' .`""„�` Fo"r-� Collins, CL� So�aB --_ � � I Iillil Illll Ililll Iltll IIIiI IIIIII IIIII Ilf IIIII IIII IIII 3488091 07/05/2007 i0:12A Weld Counry, CO 2 0l 3 R 16.00 D 64.00 Steve Moreno Clerk 8 Recorder B. All oil, gas, gravel, or other mineral leases, reservations, or exceptions of record. C. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. D. All covenants, conditions, restrictions and other agreements of record. E. All zoning and other governmental rules and regulations. F. General property taxes for the year 2007 and subsequent years . Grantor, for itself and its successors and assigns, does covenant and agree to and with Grantee, its successors and assigns, that Grantee, its successors and assigns, shall and may lawfully and at all times hereafter peaceably and quietly have, occupy, possess, and enjoy the Property hereby granted, or intended so to be, with the appurtenances, without the lawful hindrance or molestation of Grantor, its successors and assigns, or of any other person or persons whomsoever, by or with its consent, privity, or procurement. IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed the day and year first above written. BOAZ FARM LLC, a Colorado Limited Liability Company By: C Stephen C. Greenlee, Manager STATE OP COLORADO ) ) ss. COUNTY OE LARIMER ) The foregoing instrument was acknowledged before me this d,�{t�` day of June, 2007, by Stephen C Greenlee as Manager of BOAZ FARM LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. � ion expires: I �,)�.1 ��.00�� P,��;...... �9'� �..�oTAR�..s �p I.�JC.�c..r►�d : : �C • � ; ^ ' Notary Publi ��'q�':�(/f3�-;GQ,P�� i ••.. F OF�COV� (HFSM 06 2 � � � �� 3488091 07/05I2007 10.12A Weld Counry, C0 3 of 3 R 16.00 D 64.00 Steve Moreno Clerk d Recorder EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GENERAL WARRANTY DEED BY AND BETWEEN BOAZ FARM LLC, A COLORADO LIMITED LIABILITY COMPANY (��GRANTOR") AND LOVELAND PEAKS, LLC, A COLORADO LIMITED LIABILITY COMPANY ("GRANTEE") . Legal Description of the Property Lot B of Recorded Exemption No. 1061-05-3 RE2953, according to the map recorded April 26, 2001, at Reception No. 2843434, being a portion of the Southwest Quarter of Section 5, Township 4 North, Range 68 West of the 6`" P.M. , County of Weld, State of Colorado; TOGETHER with all right, title and interest, if any, of Grantor in and to the minerals and mineral rights in, to and under the sabject property. o� � � . —�"�D,C6fIn IAVDiS[SN � - � !ffiS.�K6IX7lQFLT,IRX0FSTA'!6 ARTICLES OF ORGAN7ZATION ' FOR COLORADO LIMITED LIABILITY COMPANY 'u�3_1��3�0 t1 T��in View Estates LLC ` i��•�R ' SECfiETAft'r'"6f STA7E , ' � - � � �7'1�J'L17�� n7�YG.`�If The undersigned,a naturai person of at least 18 yeazs of age, acting aS an organizer,hereby forms a limited liabiliTy compauy by virtue of the Colorado Limited Liability Company Act, and adopts ihe following Articles of Organizarion for such limited liability company. ARTICLE I - Name The name o£the limited liability company is Tmin View Estates,LLC,hereinafter referred to as"the Company." . ARTICLE II Principal Place of Business Tha initial principal place of business of the limited liability company in this state is 6933 / Sedgwick Drive,Fort Collins,Colorado 80525. ARTTC.T E III Registered Agent and Business Address The initial registered agenz and Organizer of tlus limited liabiliry company in this state is Burton C. T{ress. The initial business address of the 1'�ited liabiliTy company and the reo stered � agent in this state is 6933 Sedgwick Drive,Fort Collins,Colorado 80525. ARTICLEIV Management Management of the limited liability company is vested in the managers. The nazne and business address of the initial managers who are to manage the lanited IiabiliTy company until the nrst annua]meeting of the members or until his successor is elected and qualified is as follows: /�h1FUTER UPDATE CiMPL� � � � Name Address Burton C.Krass 6933 Sedgwick Drive Fort Collins, Colorado 8Q525 Mark A, Iiross 2719 Antelope Drive Fort Collins, CoIorado 80525 T.Russell McCahan 801 Hinsdale Drn�e Fort Collins,Colorado 80526 Stephen C. Greanfee 4926 i{itchell v`Vay Fort Collius, Colorado 80524 _ ARTICLE V Membership The mzdersigned organizer certifies that there are at least two members desiring to form a limited liability company. ARTICLE VI Durafion The period of duration of the Company shall be 30 years. ARTICLE VII Purpose The purpose for which this limited liability company is formed is to engage in any and all lawfui business. ARTICL,E VIII Continuafion TJpon the death,retirement,resignation,expulsion;bankruptcy or dissolution of a member or the occurrence of any other euent,which temunates the continued membership of a member of the Company,the remaining members may unanimously agree to continue the business of the Company provided there aze at]east two remaining members. � IN WITNESS WHEREOF,I have signed these Articles of Organization this 5 day of September 2002,and I acknowledge the same to be my hue act and deed. � ' . �t�,.. � �iVt Burton C Kross, Organizer CONSENT OF REGISTERED AGENT I hereby consem to my appoin�ent as initial Registered Agent of ihe ]imited liability company in the State of Colorado in the foregoing Azticles of Otganization. ��,�w, � ��_ Burton C.Kross,Registered Agent Document I+�Iing The nazne and address of the indiiridual causing the documents to be delivered for filing is as follows: Burton C.Kross, 6933 Sedgwick Drive,Fort Collins,Co]orado 80525. -3- � � American Land Ti[le Association Commitment— 1982 TITLE INSURANCE COMMITMENT BY � 1�,,,j�„��,rIM "i►�� -=#1tIB c�4�Eirar�ty CCxnf��' Order Number: 20061238-G3-UPDATED We agree to issue policy[o you according to the terms of the Commitmen[. When we show the policy amount and your name as the proposed insured in Schedule A, [his Commitmcnt becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date,our obligation under this Commihnent will end. Also,our obligation under this Commi[men[will end when the Policy is issued and then our obliga[ion to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and lI of SCHEDULE B. THIS COMMITMENT IS NOT AN ABSTRACT,EXAMINATION,REPORT OR REPRESENTATION OF FACT OR T[TLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH 4 OF THE CONDITIONS. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its colporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. .."^r. l�C.�l l_ .,»P�.Y t»..�,?. ..-- 1."t�to� . .+ �Q�;:� .: ,:�� ,�.' - aL1� �ltle �- e: �o�tol�r i'� ces�ne. oc �n. eaa�a �W:: -*— Fo:� e..o;e..e ��:, t;08•:e � 4 . �t T'C%>S Countersigned: nui r+n;a�d .uuma+y�a�wi�"F Stewart TiHe of Colorado 3665 John F.Kennedy Parkway,Building 2,Suite 300 Fort Collins,CO 80525 Order Number: 20061238-C-3-UPDATED Pa e I of 2 Commi[men[—235 W/O Disclosure � � CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other securiry instrument. (b) "Public Records" means tiUe records that five construc[ive notice of matters affecting your title—according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of ihe Requirements (a) and (c) of Schedule B — Section I aze met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Para�aph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B—Section I. or Eliminate with our written consent any Exceptions shown in Schedule B—Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued[o you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us conceming the tiUe to the land must be based on this Commitment Order Number: 20061238-C-3-UPDATED Pa e 2 of 2 Commi[men[—235 W/O Disclosurc ! • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 7uly 25,2006 at 8:00 a.m. Commi[ment No. 20061238-G3-UPDATED 2. Policy or Policies To Be Issued: ( )ALTA(1992)Owner's Policy Amount: ( ) Standazd ( ) Extended Premium: O ALTA 1992 Loan Policy Amount: ( ) Standard( )Extended Premium: Additional Endorsements: Work Charge Premium: $450.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Tide to the estate or interest in said land is at the effective da[e hereof vested in: Twin View Estates, LLC, a Colorado Limited Liability Company 5. The land referred to in this Commitment is described as fallows. Lot B of Recorded Exemption No. 1061-0S-3-Re2953 according to the map recorded April 26, 2001 at Reception No. 2843434, in the Southwest Quarter of Section 5, Township 4 North, Range 68 West of the 6`h P.M., County of Weld, State of Colorado. SITUATE IN COUNTY For Information Only Property Address: TBD Colorado Stewart Titic Guacanty Company Commitment—Schcdulc A Page 1 of 1 � � SCHEDULE B-Section 1 REQUIREMENTS Order Number: 2006123&G3-UPDATED The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: l. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A LATER DATE NOTE: "The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto, once the NAME(S) of the INSURED(S) and the AMOLINT(S)of LIABILITI'have been DISCLOSED" STEWART TITLE . GUARANTYCOMPANY Commitmcn[—Schcdulc B 1 Page 1 oC I � • SCHEDULE B-Section 2 EXCEPTIONS Order Number: 20061238-C-3-UPDATED The policy or policies to be issued will contain exceptions to the following un►ess the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession,not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in azea, encroachments, or any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafrer fumished, imposed by laws and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid ta�ces, assessments and unredeemed tax sales. 8. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld Counry, recorded October 14, 1889 in Book 86 at Page 273. 9. A Condition contained in the United States Patent recorded September 13, 1883, in Book 36, at Page 393, Weld County Records, which states as follows: Yet excluding and excepting from the transfer by these presents "All Mineral Lands", should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the statute, shall not be constmed to include "Coal and Iron Land". 10. An easement for lateral ditch and incidental purposes as granted by an instrument recorded May 25, 1912 in Book 323 at Page 490 upon the terms and conditions therein set forth. STEWART TITLE GUARANTYCOMPANY Commitmen[—Schedulc B 2 Pagc 1 of2 � • 11. An easement for concrete canal and incidental purposes as granted to the Consolidated Home Supply ditch and Reservoir Company by an instrument recorded December 27, 1965 in Book 557 at Reception No. 1478663 upon the terms and conditions therein set forth. Ja2°An easement for open ditch and incidental purposes as granted by an instrument recorded December 7, 1967 in Book 589 at Reception No. 1510620 and 1510621 upon the terms and conditions therein set forth. J/S. An easement for ditch right of way and incidental purposes as granted to Whipple Lateral Ditch Company by an instrument recorded December 7, 1967 in Book 589 at Reception No. 1510622 upon the terms and conditions therein set forth. 14. Oil and gas lease recorded June 7, 1971 in Book 647 at Reception No. 1569152, and any and all assignments thereof, or interests therein. 15. Oil and gas lease recorded May 12, 1971 in Book 646 at Reception No. 1567661, and any and all assignments thereof, or interests therein. ,M: An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded May 14, 1982 in Book 967 at Reception No. 1891642 upon the terms and conditions therein set forth. ,J�Notes, restrictions, conditions, stipulations and easements, if any, imposed upon subject proper[y by map of Recorded Exemption No. 1061-0S-3-Re 2953 Recorded April 26, 2001 at Reception No. 2843434. 18. Covenants, conditions and restrictions which do not contain a forfeiture or reverter clause, and deleting restrictions, if any,based upon race, color,religion or national origin, as set forth in an instrument recorded May 17, 2005 at Reception No. 3286821, First Amendment recorded May 31, 2005 at Reception No. 3290239, Second Amendment recorded March 31, 2006 at Reception No. 3375161, Variance recorded May 26, 2006 at Reception No. 3391232, Third amendment recorded July 17, 2006 at Reception No. 3403713 and Fourth Amendment recorded July 17, 2006 at Reception No. 3403714. 19. Terms, conditions, provisions, and stipulations as contained in Surface Use Agreement recorded June 7, 2005 at Reception No. 3293024. STEWART TITLE GUARANTYCOMPANY Cammitmen[—Schedule B 2 Pagc 2 of 2 � • Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Graznm-Leach-Bliley Act(GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nona�liated third par[y unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado and Stewart TiUe GuaranTy Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files,or from our affiliates or others. • Information we receive from a consumer reporting agency. • Informatio� that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated othenvise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above ioformation that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to lmow that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. � • DISCLOSURES Order No. 20061238 Pursuant to C.R.S. 10-11-122,notice is hereby given that (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED INA SPECIAL TAXING DiSTRCT; (B) A CERTIFICATE OF TAXES DUE LISTING EACHTAXING NRISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMA'CION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER,OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-I, Paragraph C of Article VII requires that"Every[itle entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entiry conducts the closing and is responsible for recording or £ling of legal documen[s resulting from the transaction which was closed."Provided Ihat Stewart Tide of Larimer County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception number will not appear on the Owner's"Citle Policy and the Lender's TiNe Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Excep[ion No. 4 of Schedule B, Section 2 of the Commilmen[ from [he Owner's Policy to bc issued) upon compliance wi[h the following condi[ions: A. The ]and described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on ihe land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanids and Ma[erialmeds Liens. D. The Company mus[receive payment of the appropria[e premium. E. If [here has becn construction, improvements or major repairs undertaken on the property to be purchased,within six months prior to the Date of the Commitment,the requirements to obtain coverage for unrecorded lines will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the conhactor; paymen[of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has con[rac[ed for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Filc No.20061238 Stewart Titic of Colorado Disdosures Rcv. 10/99 � • DISCLOSURE Order No: 20061238 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence ihat a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Ordrr No:20061238 Stewart Title of Colorado Mincral Disclosurc Rw.07/2001 Treasurer's Tax Seazch Resul�ge � Page 1 of 1 - . - � . . . Home > Depa_rtments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax ear: 2005 a able in 2006 Property Information Owner Name: Twin View Estates Lic Address: City: Weld County, CO Account Number: R0909901 Parcel Number: 106105000036 Legal Address: pt sw4 5-4-68 lot b rec exempt re-2953 (1.01r1.40d) Value Information ActualLand Value $29,891.00 Assessed Land Value $8,670.00 Actuai Improved Value $0.00 Assessed Improved Value $0.00 ActuaiTotal Value $29,891.00 Assessed TotalValue $8,670.00 Payment Information Total Tax Amount: $673.70 First Half Amount: $0.00 Second Haif Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($673.70) Current Balance: $0.00 IF an of the followin fields are "YES" lease contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2385 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 77.705 Database Last Updated at: 02:55 AM on July 10, 2006 https://www.co.weld.co.us/departments/treasurer/ta�tax_results.cfm 7/10/2006 � � � TETRATECH RMC ENGINEER'S CERTIFICATION I hereby certify that this design for the"Utility Plans"was prepared under my direct supervision in accordance with Weld County Code and in accordance with the criteria of the Little Thompson Water District. oQPpO LICE,ysFo o��a.cC H,/y4�/(;.^ `:�..� �(/.M7 '�n,, 3 ' 'c.,�' 40�� ;w . ' ?��7/�� A9�'`FSSIONP��"�� Richazd J. Christy, P.E. Registered Professional Engineer State of Colorado No. 40053 1900 S.Sunset Street.Suite I-F,Longmon[,CO 80501 Tel 303 7725282 Faz 303,665b959 � www.ttrmcm;n � • METHOD OF FINANCING The estimated construction cost of$622,400 will be financed with a line of credit established at Fort Coilins Commerce Bank for Twin View Estates, LLC. This estimate includes, but is not limited to, the construction cost for roads, water system and storm drainage facilities. � • CONSTRUCTION SCHEDULE Construction of the development is proposed to commence October, 2006 and completion of all infrastructure is anticipated by January, 2007, weather permitting. The development will be completed in one phase, including all of the open space. Nine residential structures, and various outbuildings, wi�l be built depending on market conditions as well as the timing of when individual lots are sold. � � � TETRATECH RMC Traffic Requirements I hereby certify that this design for the"Roadway Plans"was prepared under my direct supervision in accordance with Weld County Code. An offsite improvements agreement has been prepared in order to mitigate dust from Weld County Road 3 to the development. The intemal streets have been designed as"Rural Subdivision I.ocal (Major)"per the request of Weld County in a memo dated Sept. 29, 2005. The pavement design shall be completed by a qualified engineer once the roadbed has been graded and a soils investigation has been completed. � _ /,r�� Richard J. Christy, P.E. 1900 S.Sunset Street,Suite I-F,Longmont,CO B0501 Tel 303,7725282 Fax 303.665.6959 wwwttrmccom � � APPENDIX 24-E(cont'd) w Z �. o � N � � Q N — W J U � . .} �•:. H �' W � J � � U � � N Z � - O � � U W N W � Z � J N t � Z � N J Q r � '- > m � Q tD � N � f N � O U � � �i� b o � cO w z � a J � N J �' � � m e = �/� W ¢ N , - r/a O � N � W � J � - � U � � O . � y � .. X Appx 24-S Supp. i � � BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, that TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company, the mailing address of which is 6933 Sedgwick Drive, Fort Collins, Colorado 80525, County of Weld, State of Colorado (`�Grantor") , for the consideration of Ten Dollars ($10 . 00) and other good and valuabie consideration, in hand paid, hereby sells and conveys to TWIN VIEW ESTATES HOMEOWNERS ASSOCIATION, a Colorado Non- Profit Corporation, the mailing address of which is 6933 Sedgwick Drive, Fort Collins, Colorado 80525 (��Grantee") , that certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference. Signed and delivered this � � day of c� V1 �/ , 2006 . TWIN VIEW ESTATES, LLC, a Colorado Limited Liability Company By:��/��l �� Stephen C. Greenlee, Manager STATE OF COLORADO ) r��^� ) s s . �d Cda'aOo COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this � day of %;, (,a , 2006, by Stephen C. Greenlee as Manager of TWIN V- IE ESTATES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal . My commission expires : �/,34,/�%`j ��' k�-n'I.L�C�t, ,� :.tiU:� Notary Publi¢ � � EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO LIMITED LIABILITY COMPANY (��GRANTOR") AND TWIN VIEW ESTATES HOMEOWNERS ASSOCIATION, A COLORADO NON-PROFIT CORPORATION (��GRANTEE") . Lega1 Description of the Real Property [TO BE DETERMINED] � � SITE SPECIFIC DEVELOPMENT GUIDE FOR TWIN VIEW ESTATES PUD COMPONENT ONE—ENVIRONMENTAL IMPACTS 1. Noise and Vibration— Twin View Estates is a residential development and as such there will be no adverse impacts from noise or vibration. 2. Smoke, dust and odors—As this is a residential development there wiil not be any impact to the environment from smoke, dust or odors. 3. Heat, light and glare—Lighting will be rypical for a residential development. There will not be an adverse impact from heat, light or glare. 4. VisuaUaesthetic impacts—Lots and houses will be oriented to take advantage of the views to the west. 5. ElectriCal interference—There will not be any equipment which will cause undue electricalinterference. 6. Water pollution—There will be no activities which will cause water pollution. 7. Wastewater disposal—Individual septic systems will be utilized for wastewater disposal. 8. Wetland removal—There are no jurisdictional wetlands located onsite. 9. Erosion and sedimentation—Consttuction activities will be conducted in a manner as to reduce potential erosion concerns. 10. Excavation, filling and grading—Construction of foundations and roads will be closely monitored and all regulations will be adhered to. 11. Drilling, ditching and dredging—Will not occur onsite. 12. Air pollution—Is not an issue in a residential development. 13. Solid waste—Individual homeowners will be responsible to remove household trash. 14. Wildlife removal—There are no existing colonies of wildlife that will be disturbed. 15. Natural vegetation removal—Homeowners will be encouraged to leave as much natural vegetation as possible on their lots. � � 16. Radiation/radioactive material—None. 17. Drinking water source— Little Thompson Water District 18. Traffic impacts—As the development is for only nine lots, impacts to traffic wiil be minimal. COMPONENT TWO— SERVICE PROVISION IMPACTS 1. Schools—There will be an impact of 7 additional students. The school district has indicated that cash-in-lieu will need to be paid. The District has approved the bus pull-off location. 2. Law enforcement—The sheriff's office recommendations will be taken into account and will be adhered to when applicable. 3. Fire protection—Berthoud Fire Protection District will provide service and this development will adhere to their rules and regulations when applicable. 4. Ambulance—Emergency service will be available through the fire district and Weld County. 5. Transportation—The interior roadways will be constructed to County and Berthoud Fire District standazds. Roads will be collateralized in an improvements agreement as necessary. 6. Traffic impact analysis—Not required by We(d County Department of Public Works. 7. Storm drainage—A final drainage report will be submitted with the final plat application and will adhere to Weld County regulations. 8. Utility provisions—All utility providers have been contacted and utilities aze available to the site. 9. Water provisions—Little Thompson Water District will provide water to the site. 10. Sewage disposal system—Individual sewage disposal systems will be designed and constructed to Weld County standazds. 11. Structural Road Improvements Plan—Roads will be constructed to Weld County specifications. � � COMPONENT THREE- LANDSCAPING ELEMENTS 1. Minimal landscaping is planned. The open space will remain in dry land grass. The homeowners association will be responsible for maintenance of landscaping. COMPONENT FOUR- SITE DESIGN 1. Section 22-2-60.C (A.Goal3) "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." A nine-lot subdivision is a low intensity development. The Right- to-Farm note will be included on the change of zone as well as final plat documentation in order to notify potential purchasers that agricultural uses can occur on adjacent properties. The plat notes will ensure the continuation of agricultural production on adjacent properties. Section 22-2-60.D (A.Goa1.4) "Conversion of agricultural land to nonurban residential use will be accommodated when the subject site is in an azea that can support such development." The proposed PUD is for a nine-lot subdivision that is defined as nonurban in the Weld County Code. Services are cunently available or reasonably obtainable for this site. Section 22-2-60.C (A.Policy.3.1) "Options for the division of agriculturally zoned land aze avai(able in Chapters 24 and 27 of this Code" Chapter 27 allows for a PUD process to divide agriculturally zoned properties. 2. As this is a residential development, there will not be any conflicting uses. 3. The Right-to-Farm statement will be provided on plats to insure compatibility with adjacent fazm ground. The development is located in an area which is conducive to residential uses. COMPONENT F IVE-COMMON OPEN SPACE USAGE Common open space of approximately 10.84 acres will be provided. The open space acreage exceeds the urban standard requirement of 15%. The open space will be owned and maintained by the Homeowners Association. The covenants for Twin View Estates will address all aspects of the open space such as maintenance, taxes and use restrictions. Homeowners will be required to join the homeowners association and the covenants will be established prior to the sale of lots. , � . � � COMPONENT SIX-SIGNAGE Individual signs will adhere to the requirements of the Estate Zone District. A subdivision sign may be constructed and located neaz the entrance but not in an area which restricts visibility to eithet incoming or outgoing traffic. The location will be noted on the plat. COMPONENT SEVEN—MUD IMPACT This component is not applicable as the subdivision is not located in the MUD. COMPONENT EIGHT- INTERGOVERNMENTAL AGREEMENT IMPACTS This component is not applicable as the subdivision is not located in any IGA azea. VARIANCE FROM REQUIREMENTS OF ESTATE ZONE DISTRICT Twin View Estates will adhere to the requirements of the Estate Zone District. REQUEST ADMINISTRATIVE REVIEW Administrative review of the final plat by Weld County Department of Planning Services is requested. WAIVER REQUESTS A waiver from curb, gutter and sidewalk is requested. There will be a path located around the perimeter of the subdivision, which will provide an azea for walking that is not located adjacent to the road. This path will allow neighbors to visit other properties without walking in the road. The addition of curb and gutter in a small subdivision, such as Twin View Estates, increases the infrastructure costs as well as the impervious area. Adding curb and gutter would require the addition of underground piping to route the water to the detention pond. The sketch drainage plan, which has been approved by Weld County Department of Public Works, routes the water to the same detention pond by utilizing overland flows. There aze drainage easements throughout the subdivision as required.by the Weld County Code. Due to the design of Twin View Estates, curb and gutter will not tie into adjacent subdivisions in the future, as the roads will not be extended because of the lot layout. � � APPENDIX B � WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: July I8,2006 l ll I H Sheet,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name: Twin View Estates,LLC Phone: 970-231-1430 Address: 6933 Sedgwick Drive,Fo�t Collins,CO 80525 2. Address or location of access: South of SH 60(appx. 1 '/,miles)and east of WCR 3 (see map below) Sec[ion: 5 Township:4N Range: 68W Weld County Road #3 Side of Road East Distance from nearest intersection 1 %:miles 3. Is there an existing access to the property? No 4. Proposed Use: PUD-Residenrial 5. Site Sketch N � Legend for Access Description: . ,r�l�i� . AGR= Agricultural W1�DG RES = Residential �A.m O&G= Oil&Gas � S � rU O D.R. — Ditch Road 1� =Proposed Access � =Existing Access M � RQ5 d 3 ��2 �-I� � OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requuement Cu1veR Size Length Special Conditions .::<:s::e:>s>a>.>+::.s:s»*s:.>*<..sssssx..e::**�**s*ss*res*..rs..rr****►«srw+rs+>s>+a.ss::�ss�rssss*Install ation authorized ❑ Information Insufficient Reviewed By: Title: � � R2-J � H0MPS0N SCH00L DISTRICT 200 N.Wilson Ave. Bldg F TRANSPORTATION Loveland,CO 80537 SERVICES ph(970)613-5185 LovelandBerthoud CO fax(970)613-5181 May 12,2006 Lauren Light, Project Manager Tetra Tech RMC 1900 S.Sunset Street,Suite 1-F Longmont, CO80501 Re: Twin�ew Esiates(PZ-1085) Dear Ms. Light: I have received your request for written evidence from the Thompson School DisVid regarding disfid planning requirements for the final plat on the proposed Twin�ew Estates sub development. After re-examining comments from previous disfid reviews of this subdivision and studying the sketch plan you had provided in your recent email, I see no concems in providing bus service W Twin View Esiates students. The bus would load and discharge students at a designated stop on WCR 3 at Twin vew Lane.The bus will not enter the development We are requesting that the developer provide a staging area for students at the enVance to the project, well off the traveled portion of the roadway. We would recommend a concrete, asphalt or gravel pad approximately 10'x10'to provide a designated waiting area with secure foodng for students. Landscaping or signage in the vianiry of the stop should not obscure visibility of ihe waiting area.The staging area could indude a windbreak or infortnal shelter for the students, but is not required. Street ligh6ng in this area would enhance safety during the winter season I hope this provides the informatlon required for subsequent development reviews of the proposed site. Please feel free to contad me direcUy'rf you should have further quesGons or require addifional informa6on. Sincerely, / 'd '�,�'(i�L� �liG'zl�- Nansi Crom Transportation Direc[or cc: Skip Armatoski/Thompson R2J Planning Technician Linda Worthington!Transportation Route Supervisor � � REAL PROPERTY TRANSFER DECLARATION (TD-1000) GENERAL INRORMAT[ON Purpose: The Real Property Transfer Declazation provides essential information to the county assessor to help ensure fair and uniform assessments for al]proper[y for property tax purposes. Refer to 39-14-102(4),Colorado Revised S[a[u[es(C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the counTy clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor(seller)or grantee(buyer). Refer to 39-14-201(I)(a),C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, [he clerk and recorder notifies the county assessor who will send a notice to the buye�requesting that the declaration be retumed within thir[y days after the notice is mailed. If the completed Real Property Transfer Declaration is not remmed to the counry assessor within[he 30 days of notice, the assessor may impose a penalry of$25.00 or .025% (.00025) of the sale price, whichever is greater. 7'his penalTy may be imposed for ariy subsequent year ihat[he buyer fails to submit ihe declaration until the property is sold. Refer to 39-14-102(1)(b),C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaza[ion available for inspection to the buyer. However, it is only available to the seller if the seller filed the declara[ioa Information derived from the Real Property Transfer Declaration is available to any ta�cpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Referto 39-5-12L5,CR.S. and 39-13-]02(5)(c),C.R.S. 1. Address and/or IeQal description of the real property sold: Please do not use P.O.Box numbers. See E�ibit"A"attached hereto and incorporated herein by this reference. 2. Type of property purchased: ❑ Single Family Residential ❑ Townhome ❑ Condominium ❑ Multi-Unit Res ❑ Commercial ❑ Industrial ❑ Agriculwral ❑ Mixed Use � Vacant Land ❑ Other 3. Date of closing: 2006 Month Day Year Date of conaact if different from date of closing: Month Day Year 4. Total Sale Price: Including all real and personal property. $N/A . 5. Was any personal property incladed in the transaction? Personal property would include, but is oot limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not ]isted, the entire purchase price will be assumed to be for the rea]property as per 39-13-201,C.R.S: ❑ Yes � No If yes,approximate value$ Describe 6. Did the total sale price include a [rade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑Yes � No If yes, value$ If yes,does this transaction involve a trade under IRS Code Section ]0317 ❑ Yes ❑ No 7. Was 100% interest in the real property purchased? Mark"no" if only a partial interest is being purchased. � Yes ❑ No [f no, interest purchased % 8. Is this a transaction among related parties? Indicate whether the buyer or seller aze related. Related parties include persons within the same famity busi�ess affiliates, or affiliated corporatio�s. � Yes ❑ No � • 9. Check any of the following that apply to the condition of the improvements at the time of purchase. ❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage. If the property is financed, please complete the following. NOT APPLICABLE ]0. Total amoun[financed. $ I1. Type of financing: (Check all that apply) ❑ New ❑ Assumed ❑ Seller ❑ Third Party ❑ Combination; Explain 12. Terms: ❑ Variable; Startiog interest rate % ❑ Fixed; Interest rate % Length of time years Balloon payment ❑ Yes ❑No. If yes, amount Due date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For propenies other than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums)pleaSe Fpinplete questions 14-16 if aRRlicabl�. Qtherwise, gkip X�#�7 in cntpp�ete. 14. Did the purchase price i�clude a franchise or license fee? ❑ Yes �No If yes, franchise or license fee value$ 15. Did the purchase price involve an installment land contract? ❑ Yes �No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? ❑ Yes �No Remarks: Please include any additional informa[ion concerning the sale you may feel is important. No sale involved; convevance of common azea to homeowners association . 17. Signed this day of ,2006. Enter the day, month and year, have at least one of the parties to the iransaction sign the dowment, and include an address and a daytime phone number. Please designate buyer or seller. TWIN VIEW ESTATES,LLC, a Colorado Limited Liability Company BY: �5 r� Stephen C. reenlee,Manager Sig�ature of Grantee(Buyer) ❑ or Grantor(Seller)� 18. All future correspondence(tax bills,property valuations,etc.)regarding this property should be mailed to: 6933 Sedgwick Drive (970) Fort Collins,Colorado 80525 � � OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Ginette Dennis, as the Secretary of State of the State of Colorado, hereby ceRify that, according to the records of this office, Twin View Estates Homeowners Association is a Nonprofit Corporation formed or registered on 07/11/2006 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20061280312 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 07/06/2006 that have been posted, and by documents delivered to this office electronically through 07/11/2006 @ 10:20:33 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 07/11/2006 @ 102033 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6534057 . � � • r �, �� '� �' # vlr # � ,� . ✓�CT'� �i��'�nl,o Secretary of State of the State of Colorado •w{{f{sf>xssrirrtktt��isrr+i++++++++++�**End ofCertifica[e***"*"*+ww+kkf��w�w�+++++��r++++++rrrt+rr Nofice:A certificate issued electronicallv from!he Colarado Secretary o(Stare's We6 sife is(u((v attd immediate[v va(id and ei(ective. Nawever, as an optian,the rssuance and validiry ofa certificate obtained elecnonically may be established by visiting lhe Certificate Confirmation Page of the Secremry of Stare's Web sire, htm�//www.aosstare.co.us/bvlCertlficateSearchCriteria.da enrering the rerfificote's confirmation nvmber displayed on the certificate, and following the instructions displayed. Can�rminP lhe issuance o(a certificale is meretv optiona!and is not necessory to lhe va(id and el7'ective issuance o(a rertificale. Far more information,visi!our We6 site, http://www.satstate.ro.us/c/ick Bvsiness Center ond se(ect"Frequendy Asked Quesdons." CERT_GS_D Revised 09YL2/2005 � � � Colorado Secretary of State ' Date and Time: 07/11/2006 10:17 AM Document processing fee Id Number: 20061280312 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document numbet': 2006 1 2803 12 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 wwwsosstate.co.us and select Business Center. Paper documents must be typewritten or machine printed. neovesrnceFonorr�ceuseorv�.v Articles of Incorporation for a Nonprofit Corporation filed pursuant to §7-90-301,et seq. and §7-122-101 of the Colorado Revised Statutes(C.R.S) i.En�iry name: Twin View Estates Homeowners Association (The name ofa nanprofit corporo(ion moy,6Ut need no(,eonfain(he term or abbreviofion "corporation" .'incorporaled" „campany•' '7imiled" "eorp.•' '•inc." "ca."or"ltd..' §7-90-60l,C.R.S.J 2. Use of Restricted Words('fanyojrhese rerms are conmined in an entiry name,rrue ❑ "bank"or"WsY'or any derivative thereof name of an enliry, trade nane or trademark ❑ "Credlt Unlod' ❑ "Savings and loan" sfared in rhis documenr,mark lhe applicable ❑ "insurance","casualty","mu[ual",or"surety" box): 3. Principal office street address: 6933 SedgWlCk DfIV2 (Stree!name and number) Fort Collins CO 80525 (CityJ (Sfate1 (PostaUZipCodeJ Unitetl States (Pravince—ijapplicableJ (Cauntry—ifnolUS) 4. Principal office mailing address: (if differen[Gom abOve) (Streer name and num6er or Post O�ce Box informationJ (Ciry) (SmteJ (PosmUZipCodeJ (Province—ifapplicableJ (Country—ifnolUS) 5.Registered agent: (if an individual): KfOSS BUftOfl C. (LastJ (F7'rstJ (MiddleJ /SuJfix) OR(if a business organization): 6.The person appointed as registered agent in the documen[has consen[ed to being so appointed. 7. Registered agent street address: 6933 S2dgWICk D�IVe (Street name arM numberJ Fort Collins �p 80525 (clryJ (Srare) (Posra72ip codeJ 8. Registered agent mailing address: (iP different from above) (Street mame and number or Post O�ce Boz informationJ ARTMC NPC Page 1 of 3 Rev.11/16/2005 � � (CityJ (State) (Vostal/ZipCodeJ (Province—jappHcableJ (Counlry-ifnolUSJ 9. If the corporatiods period of duration is less than perpetual,state Ihe date on which the period of duration expires: (mn✓dd�yyy) 10. (Optiona!) Delayed effective date: (mm/ddhyyy) 11.Name(s)and address(es)of incorporator(s): (ifanindividual) K�0SS Burton C. (LastJ (First) (Middle) (SnJ/ix) OR(if a business organization) 6933 Sedgwick Drive (Stree�name and number ar Past O�ce Box information) Fort Collins CO 80525 (CIryJ (�Staee (PostallLipCodeJ united states (Province—ifopplicableJ (Counlry-ijnolUSJ (if an individual) (Lasy (FirslJ (MlddleJ (SuJjixJ OR(if a business organization) (Street name and number or Posl O�ce Bos informafionJ (CiryJ (State (Postal/LipCodeJ United States (Province—ifapp(icable) (Cauntry-fJnotUS) (if an individual) (Gosq (First) (Middle) (Sa/ju) OR(if a basiness organizazion) (Street name and nvm6er or Pas!O�ce Box informationJ (Ciry) (Stare (Pastd2ipCodeJ UrntedStates (Province—ifapplica6leJ (Country—ifnotUSJ (ljmore thatt three inrorpamtors,mark(his box ❑ and include an atmchment staling the ttames andaddresses of ol( incorpoiafors.) ARTINC NPC Page2of3 Rev.11/IN2005 � � 12.The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act. 13.The corporation will ❑� OR will not ❑ have voting members. 14. A description of Ihe distribution of assets upon dissolution is attached. 15. Additional information may be included pursuant to §7-122-102,C.R.S.and other organic sta[utes. If applicable,mark Ihis box Q and include an attachment stating the additional information. 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 penal[ies of perjury,that the dowment is the individuaPs 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[he organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with ihe requirements of that Part,the constituent documents,and the organic statutes. 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. 16.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: KfOSS BUI'tO� C. (casr) (Firsr) (M;ddle) (Su(fix) 6933 Sedgwick Drive (Street name and number or Past O�re Bax infarmation) Fort Collins CO 80525 (ciry) (Srare) (Pasml�Z;p code) United States (Province—ifapplicableJ (CounUy—ifnatUSJ (The document need not stare!he frue name aral address afmare lhan one individual. Hawever,ifyou wish fo slate fhe name and address afany additiona!individuals caysing the documen!to 6e deliveredfor filing,mark fhis bos ❑ and include an attachment stafing ffie name amf address ofsuch iralividua(s.) Disclaimer: This form,and any rela[ed instructions,are not intended to provide legal,business or[ax advice,and are offered as a public service without representation or warranty. While this form is believed to sa[isfy minimum legal requirements as of its revision date,compliance wi[h 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. ARTMC NPC Page3of3 Rev.11/16/2005 � � NOTICE: This "image"is merely a display of information lhat was filed electronically. It is not an image that was created by optically scanning a paper documen[. No such paper dacument was fi[ed Consequently, no copy of a paper document is available regarding this document. Questions?Contact the Business Drvisaon. For condacd information,pdease visit dhe Secretary of State's web side. Click the following links to view attachments Attachment 1 ac men o Articles of Incorporation � � ADD2TIONAL PROVISIONS ATTACHED TO ARTICLES OF INCORPORATION OF TWIN VIEW ESTATES HOMEOWNERS ASSOCIATION ARTICLE 15.A. PURPOSES AND POWERS OF ASSOCIATION This Association does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are as follows: 1. To operate the Development known as TWIN VIEW ESTATES located in Weld County, Colorado (the "Development") , in accordance with the Colorado Revised Non-Profit Corporation Act, as amended. 2. To promote the health, safety, welfare and common benefit of the residents of the Development. 3. To do any and all permitted acts, and to have and exercise any and all powers, rights and privileges which are granted to a Homeowners Aasociation under the laws of the State of Colorado and the Declaration of Covenants, Conditions, Restrictions and Easements for the Development (the "Declaration") , Bylaws, Rules and Regulations, and other governing documents of the Association. The foregoing statements of purpose shall be construed as a statement o£ both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. ARTICLE 15.B. NON-PROFIT The Association shall be a non-profit corporation, without shares of stock. � � ARTICLE 15.C. MEMBERSHIP RIGHTS AND QUALIFICATIONS The classes, rights and qualifications and manner of election or appointment of Members are as follows: Any person who holds title to a Lot in the Development shall be a Member of the Association. There shall be one (1) membership for each Lot owned within the Development. This membership shall be automatically transferred upon the conveyance of that Lot. ARTICLE 15.D. VOTING RIGHTS Each Owner shall have one (1) vote for each Lot owned. If more than one (1) person holds a beneficial interest in a Lot as joint tenant, tenant in common, or otherwise, all such persons shall be Members of the Association. I£ only one (1) of the multiple Owners of a Lot is present at a meeting of the Association, such Owner is entitled to cast the vote allocated to that Lot. If more than one (1) of the multiple Owners are present, the vote allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. There is a majority agreement if any one (1) of the multiple Owners casts the vote allocated to that Lot without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Lot. Notwithstanding the foregoing, the Declarant of the Development shall have additional rights and qualifications as may be provided under the Declaration, including the right to appoint members of the Executive Board. ARTICLE 15.E. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of Directors. The initial Board of Directors shall consist of three (3) persons. The number of inembers of the Board of Directors may be changed by a duly adopted amendment to the Bylaws, except that in no event may the number of inembers of the Board of Directors be less than three (3) . The names and addresses of the persons who sha11 serve as members of the Soard of Directors until their successoss shall be elected and qualified are as follows: Mark A. Kross 7233 Whitworth Court Fort Collins, Colorado 80528 Burton C. Kross 6933 Sedgwick Drive Fort Collins, Colorado 80525 � � T. Russell McCahan 3555 Stanford Road, Suite 204 Fort Collins, Colorado 80525 ARTICLE 15.E. DISSOLUTION The Association may be dissolved only with the written i consent of two-thirds (2/3) o£ all First Security Interests � encumbering Lots within the Development and by written agreement j of Lot Owners to which two-thirds (2/3) of the votes in the Association are allocated as more fully provided in the Declaration. Upon dissolution of the Association, other than incident to merger or consolidation, the assets of the Association shall be sold and the proceeds thereof shall be distributed to Lot Owners and lienholders as their interests may appear or, if not so1d, title to such assets shall vest in the Lot Owners as tenants in common. ARTICLE 15.G. OFFICERS The Board of Directors may appoint a President, one (1) or more Vice Presidents, a Secretary, a Treasurer and such other officers as the Board, in accordance with the provisions of the Bylaws, believes wi11 be in the best interests of the Association. The officers shall have such duties as may be prescribed in the Bylaws and shall serve at the pleasure of the Board of Directors. ARTICLE 15.H. DURATION The Association shall exist perpetually. ARTICLE 15.I . LIMITATION OF LIABILITY OF DIRECTORS AND OFFICERS The personal liability of a Director to the Association or its Members for monetary damages for breach of fiduciary duty as a Director is limited to the full extend provided by Colorado law. The Directors, ofPicers, employees and Members of the Association shall not, as such, be liable on its obligations. � Directors shall not be liable for actions taken or omissions I to act in the performance of corporate duties except for wanton �I and willful acts or omissions. I _ _ -- _------_ _ � � ARTICLE 15. J. INDEMNIFICATION OF DIRECTORS The Association shall indemnify its Directors to the full extent permitted by Colorado law. ARTICLE 15.K. AMF,NDMENTS Amendments to these Articles of Incorporation shall require the assent of at least two-thirds (2/3) of the Members of the Association as provided in the Colorado Revised Nonprofit Corporation Act. ARTICLE 15.L. DISTRIBUTION OF ASSETS UPON DISSOLUTION Upon dissolution of the Association, the Board of Directors shall provide for the distribution of all assets and liabilities of the Association in the following mannex: 1. All liabilities and obligations of the Association shall be paid and discharged or adequate provisions shall be made for payment. , 2. All assets held by the Association requiring return, Itransfer or conveyance which condition occurs by reason of , dissolution shall be returned, transferred or conveyed in � accordance with such requirement. i 3 . Assets received and held by the Association not subject i to liabilities, conditions or use limitations as specified above I shall be distributed to the Owners of Lots pro rata according to I ownership interest as provided by the Declaration. 4 . Any remaining assets may be distributed to such Persons, societies, organizations, governmental entities, political subdivisions, or domestic or foreign corporations, whether for ' profit or non-profit, as may be specified in a plan o£ distribution adopted pursuant to the Colorado Revised Non-Profit Corporation Act and which is not inconsistent with these Articles of Incorporation. I----- ___----------- _—_ ...---- __ _ � � � TETRATECH RMC 1900 5.Sunset Street,Suite I-F Longmon4 CO 80501 Tel: 303.772.5282 Fax:303.665.6959 TRANSMITTAL TO: Anna Mary/Cheryl FROM: Lauren Light DATE: May 9, 2006 Berthoud,CO ATTN: Anna Mary PROJECT: Twin View Estates PHONE: 970-532-5379 JOB NO: 80.5192.001.01 X Fax Number: 970-532-0384 Number of pages sent(including this cover):�'�pages. If you do not receive all pages or if transmission is not clear,please call Tetra Tech RMC at(303)772-5282. Messenger - Delivery _ Pickup _ Other _ Standard Mail FedEx Overnight WE ARE SENDING YOU: Copies Description 1 Preliminary addresses and street names for twin view estates. If enUosures are not as noted,please noti/y us promptly. THESE ARE TRANSMITTED: For Approval As Requested For Your Use X For Review and Comment REMARKS: The Change of Zone for Twin View Estates(PZ-1085)was approved by the Weld County Commissioners on April5th,2006. We aze now proceeding to the Final Plat and we aze requued to provide the Weld County Department of Planning Services with written evidence of approval of the preluninary addresses and street names. I have attached the addresses and street names as approved by Weld County Planning. Could you please review and le[me know if they meet H:\I,auren�Projec6\Twin View Estates-91ot�Fina1 plat\iransmitlal post office.doc � � with your approval? I have also attached a sketch of the subdivision. Thank you for your help and please contact me with any questions. You may email me at lauren.light r�,ilttrmc.com if that is easier. COPY TO: File H:Uauren�Projec4s\Twin View Esutes-9 bt�Final pla[\Transmi[tal post o�ce.doc Page 1 of 1 • • Lauren Light From: Lee_Scott@us.crawco.com Sent: Thursday, May 11, 2006 5:06 PM To: Lauren Light Subject: Re: Twin View Estates Lauren: The Berthoud Fire Protection has no issue with street names approved by the county pianning department, since such naming is the purview of that agency. Lee Brian Scott CFEI 2617 Martingale Drive Berthoud Colorado, 80513 970-532-0823 Voice/Fax 970-290-6423 Cell 5/17/2006 Page 1 of 1 • • Lauren Light From: Ken Poncelow[kponcelow@co.weld.co.us] Sent: Thursday, May 18, 2006 2:33 PM To: Lauren Light Subject: RE: Twin View Estates These are approved. Thanks From: Lauren Light (mailto:lauren.light@ttrmc.com] Sent: Tuesday, May 09, 2006 10:07 AM To: Ken Poncelow Subject: Twin View Estates The Change of 2one for Twin View Estates(PZ-1085)was approved by the Weld County Commissioners on April 5�', 2006. We are now proceeding to the Final Plat and we are required to provide the Weld County Department of Planning Services with written evidence of approvai of the preliminary addresses and street names. I have attached the addresses and street names as approved by Weld County Planning. Couid you please review and let me know if they meet with your approval? I have also attached a sketch of the subdivision. Thank you for your help and please contact me with any questions. Lauren Light Tetra Tech RMC Project Manager 1900 S. Sunset Street, Suite 1-F Longmont, CO 80501 303-772-5282 (Phone) 303-665-6959 (Faat) lauren.light n ttrmc.com 5/18/2006 , � � Report Date: 04/09I2008 03:13PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0909901 ASSESSED TO: LOVELAND PEAKSLLC 2219 SMALLWOOD DR FORT COLLINS, CO 80528 LEGAL DESCRIPTION: PT SW4 5-4-68 LOT B REC EXEMPT RE-2953 (1.01 R1.40D) PARCEL: 106105000036 S�TUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2007 TAX 699.56 0.00 0.00 699.56 0.00 TOTAL TAXES 0.00 -- _ -- -- - --- GRAND TOTAL DUE GOOD THROUGH 04/09/2008 0.00 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2385- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804' 150.73 AGRICULTURAL 30,915 8,970 SCHOOL DIST R2J 41.657 373.67 ------- NCW WATER 1.000 8.97 TOTAL 30,915 8,970 LTW WATER 0.000 0.00 BERTHOUD FIRE 13.774 123.55 BERTHOUD FIRE (BOND 2014) 1.500 13.46 WELD LIBRARY 3.253 29.18 ------------- -------------------- TAXES FOR 2007 77.988' 699.56 'Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTR4INT 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) 3533845 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, aze evidence that, as of this date, all property ta�ces, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed� ��Y 111�� Date 1 REFERRAL LIST Name: Twin View Estates LLC * • Case# PF-1085 Cauntv Towns&Cities Fire Districts z Attorney _Ault _Ault F-1 z Health Departrnent z Berthoud z Berthoud F-2 Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office-Ed Herring _Dacono _Brighton F-3 z Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _G818tOn F-6 _Aiiport Authonty Firestone _HUdSon F-7 z Building Inspection _Fort Lupton _JohnstOwn F-8 z Code Compliance_S:Ann_N-Beth _Frededck _LaSalle F-9 Kun Ogle(Landscape Plans) _Garden City _Mountain View F-10 z Assessor Gilcrest _Milliken F-11 z Ambulance Services _Greeley _Nunn F-12 Grover _Pawnee F-22 State Hudson _Platteville F-13 z Div. of Water Resources z Johnstown _Platte Valley F-14 z Geological Survey _Keenesburg _Poudre Valley F-15 _Raymer F-2 _DepartmentofHealth _Kersey Southeast Weld F-16 _Depariment of Transportation _LaSalle _Union COlOfly F-20 _Historical Society _Lochbuie _Wiggins F-18 _WaterConservationBoard _Longmont Winds0r/SeveranceF-17 _Oil&Gas Conservation Commission _Mead _Milliken Division of Wildlife _New Raymer _South Hv✓y 66(Loveland) _Northglenn z North Hwy 66(Greeley) _Nunn Commissioner _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _z_Big Thompson/FTC _Thomton _Boulder Valley/Longmon[ _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/WestGreeley _Adams � _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson z Larimer Federal Government A¢encies Other _US Army Co�ps of Engrs z School District RE-25 USDA-APHIS Vet Service _No. Weld Water Dist _Federal Aviation Admin(Slructures _Art Elmqnist(MUD Area)-Info Only over 200 ft or w/in 20000 ft of Pub _ Airport _ Federal Communications Corrun _ 08/18/2006 16:08 9705870141 TOWNOFJOHNSTOWN PAGE 01 • • � �� AUG 17 2006 1'OWN OF JOlNOSTOwH Weld County Referral C. COLORADO August 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicanf Twin View Estates LLC Case Numbe� PF-1085 Please Reply By September 11, 2008 Planner Michelle Martin Projed PUD Final Plat tor nine(9)residential lots with Estate Zone Uses. Lepal Lot B of RE-2953; part SW4 of Section S,T4N, R68W of the 6th P.M.,Weld Counry,Colorado. Location East oi and adjacent to CR 3; north of and adjacent to CR 48 Parcel Numbei 1061 0S 000036 The application is submitted to you for revlew and recommendalion. Any comments or recommendalion you consider relevant to this request would be appreciated. Please reply by the above Ilsted date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the pepartment of Planninp Services. Ii you heve any further questions regartling the applicalion, please call the Plenner associatetl with the request. Plaaso noto that new �nfermepon may be added to applicalions un,der roviow tluring tha review proeess, Ii you desire 40 examine or obtain this adtlilional informatien, plRas�pll the Department of planning Sorvices. Weld County Utilily Board Hearing('rf applicable) ❑ We have revleweq the request and find that R does/does not comply with our Comprehenslve Plan � We have reviewed the request and�nd no con0icts with our interests. ❑ See etteched latter. Commenf•s' Sipnature Date Agency 4Weltl Counly Planni a 1. 4209 CR 24.5,Longmo0t,CO 80504 4p20)652-42�0 eM.8730 4(720)652�211(ax a N N Weld County Planning Departmenl � � SOUTHWEST BUILDING � � AUG 2 2 2006 Weld County R-et-erraT� C. COLORADO August 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number PF-1085 Please Reply By September 11, 2006 Planner Michelle Martin Project PUD Final Plat for nine (9) residential lots with Estate Zone Uses. Legal Lot B of RE-2953; part SW4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 3; north of and adjacent to CR 48 Parcel Number 1061 05 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) �❑,c We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O! We have reviewed the request and find no conflicts with our interests. ❑ See attachedletter. Commenfs Signature `�'�� l j�u'�Jpy Date g - ��- p(p Agency �,yu�,� �� /)�6-[i r •:•Weld Counry Planning Dept. •:•4209 CR 24.5, Longmont,CO 80504 •:•(720)652-4210 ext.6730 •'rp20)652-4211 fax SEP-11-2006 02:1BPM FRO� � �T-825 P.001/002 F-313 d 'I r,—�Jc i':.'= : , - � , �� Weld County Referral G. COLORADO August 14, 2006 The Weld County Department ot Planning Services has received the following item for review: Applicant 7win vfew Estates LLC Case Number PF-1085 Please Reply Sy September 11.2006 Planner Michelle Martin Projecf PUD Final Plat for nine(9)residential lots wiUt Estate Zone Uses. Legal Lot B of RE-2953; part SW4 of Serction 5,T4N, R68W of the 6th P.M.,Weld Counry,Colorado. Locafion East of and adjacent to GR 3:north of and adJacent to CR 48 Parcel Number 1061 OS 000036 The appllcation is submitted to you for review and recommendation. Any comments or recomme�tlation you consider relevant to this requastwould be appreciated. Please reply by th�above listetl date so that we may giVe fUll COnsideretion to you��ecommendation. My�esponse not�eceived before or on this date may Be deemed to be a positive response to the Department of Planning Services. If you heve any further questlons regarding the applicetion, please cell the Planner associated with the request. Ploase noto that new information may be added to appllcations under raview during the review process. If you desira to examine or o6tain this additlonal information, plaaso call the Department of Plannins Services. Weltl County Utllity Board Hearing (if applicable) ❑ We have revlewed the rcquest antl find that it does/does no!comply with our Comprehensive Plan � We heve revlewed the request and frnd no conflids with our interests. ❑ See aitached letter. Comments• Slgnature �� Date 9.�/..�� Ageney � �,�.r�r<.�s[ • 4Weld County Planning Dept. 44209 CR 24.6,Lonpmont,CO 8 OQ20)652-0210 ext.8730 4p20)8523211 fax '� We�unty�an�partment a GREELEY OFFICE � � � AUG 1 F 2a06 �� R��`�� Weld Coun y e rral C. COLORADO August 14, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Twin View Estates LLC Case Number PF-1085 Please Reply By September 11, 2006 Planner Michelle Martin Project PUD Final Plat for nine (9) residential lots with Estate Zone Uses. Legal Lot B of RE-2953; part SW4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 3; north of and adjacent to CR 48 Parcel Number 1061 05 000036 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan � We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comment. � ' I`�U\Pl.l7 `�1� �ar�f YI� �t �� lr�l��n�n �.�-e, VlO�kt� . Signature Date �—�� fl�� Agency �� ❖Weld County Planning DepL •:•4209 CR 24.5, Longmont,CO 80504 ❖(720)652-4210 exL8730 •:•(720)652-4211 fax � � � a DEPARTMENT OF PLANNING SERVICES � � Weld County Administrative Offices � � 4209 CR 24.5 Longmont CO 80504 WEBSITE: www.co.weld.co.us Phone (720) 652-4210 Ext 8736 Ci COLORADO October 4, 2006 Applicant: Twin View Estates LLC Case Number: PF-1085 Project: PUD Final Plat for (9) Nine residential lots Legal: Lot B of RE-2953; part of SW4 of Section 5, T4N, R68W of the 6`h P.M., Weld CountK Colorado. Location: South of and adjacent to CR 3; and north of and adjacent to CR 48. Parcel Numbers: 1061 05 000036 No permit was located for this parcel. 1. A building permit application must be completed for each lot and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2. A plan review must be approved and a permit must be issued prior to the start of construction on any of the planned lots. 3. The new homes shall conform to the requirements of the 2003 Intemational Building Codes, the 2005 National Electrical Code and Chapter 29 of the Weld County Code. Service,Teamwork,Integrity,Quality . - � � � 4. Setback and offset distances shall be determined by the 2003 Intemational Building Codes and Chapter 23 of the Weld County Code (Offset and setback distances are measured from the farthest projection from the structure). 5. A Flood Hazard Development Plan is required for buildings located within a 100 year flood plane. 6. A letterfrom the Fire District to asceRain if a permit is required or if there are any special requirements. Please contact me for any further information regarding this project. ��erely, � Robert Powell Building Plans Examiner Service,Teamwork, Integrity,Quality Weld Co Planning Departmenk • S(1�WEST BUILDING SEP 1 2 2006 STATE OF COLORADO COLORADO GEOLOGICAL 9lIRUE7' COLORADO Department of Natural Resources � 1313 Sherman Street,Room 715 Denver,CO 80203 '�,—� '1 r7 r—�,-- Phone: (303)86&2611 I �— �� i �, � � Fax: (303)866-2461 � � � Cj}„ ,�� L�.�. DEPARTME7N�Tp OF September 9,2006 NATUl�!]�, Ms Michelle Martin SWS T4N R68W �S�URCES Weld County Planning 4209 CR 24.5 eill Owens Longmont,CO 80504 Governor Russell George Re: Twin View Estates Executive Director CGS Review No.WE-06-0014 Vincent Matthews Division Director and Dear Ms Martin: � State Geologist In response to your request and in accordance with Senate Bill 35 (1972)I visited this proper[y to review the development plans. The referral included a Change of Zone Map(8/8/0S)and a Final Plat(6/28/06)prepared by Intemull Land Surveying;and a Mastei Utility Plan(7/31/06)prepazed by Teha Tech RMC. The site contains 71 acres to be divided into nine large lots. Drainage. An irzigation ditch crosses the property from southwest to northeast. This ditch is shown on the lots lines and any potential seepage should no[affect any of the homes. The propeRy is fairly flat; it will be important to grade a positive slope around shuctures to prevent water from ponding and possibly seeping in[o below-grade areas. Downspouts should discharge away from structures for the same teason. If basement construction is planned,depth to groundwater should be determined within each of the building envelopes; basement floors should be a minimum of 4 ft above seasonal high groundwater. Downspouts should dischazge away from structures for the same reason. SoiL The soil is described as Wiley in The Soil Survey ojWeld Counry,which is a silty, clayey loam. The soil could have the potentia]to either swell or collapse when loaded and wetted. The subsurface soils from each building envelope should be sampled and tested for geotechnical characteristics so that foundations and floors could be designed accordingly. SlighUy to moderately collapsible soils in the near surface could be mitigated with proper moisture- conditioning and;ecompac[ior,. Expansive soils might require ovcrexcavatxon and replacement with a st�uctural fill. The native soils could possibly be used as structural fill if moisture conditioning and compaction adequately reduce the swell potential. Other. The site is curren[ly used for agriculture. Fuhue homeowners might require advice or assistance in revegetating the lots to prevent the incursion of noxious weeds. There are no geologic conditions that would preclude development. Please contact me if there aze any questions. ;` S�,Y ^�.� e�a Gree Geologist 303-866-28ll celia.geenman@state.co.us • Weld Cou,a₹y Planni�epartment STATEOFCOLORADO SOifTIiWFST BUILDING BillOwens,Govemor SEP �7 ' 2��6 G��O DEPARTMENT OF NATURAL RESOURCES � DIVISION OF WILDLIFE (�E��IVED ��, �� q� AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey,Diredor f��OF� 6060 Broadway Denver,Colorado eoz�s For�Idlife- reiePnooe:(sos�29�-i�9z For People wildlife.state.co.us September 14, 2006 Weld County Planning Michelle Martin 4209 CR 24.5 Longmont, CO 80504 Subject: Twin View Estates, LLC, case number PF-1085 Dear Michelle: The Colorado Division of Wildlife has checked and reviewed the subject property and proposed development as to potential impacts on wildlife. The parcel is cunently agicultural land and generally cannot be considered as critical habitat for any wildlife species. According to ihe Colorado Division of Wildlife Natural Diversity Information Source Map for Weld County,the area provides winter range for bald eagles, foraging areas and winter range and winter concentration areas for ducks and geese, and is within the overall range for pheasant and mule deer and white-tailed deer. Coyote,fox, raccoon, skunk, songbirds,otherraptors and herpetofauna may also occurin this area. Native trees and downed or dead wood on the property should be left as now exists for continued benefits to wildlife. Upon disturbance of any areas, noxious weeds should be monitored and controlled. Homeowners should also be aware that planting trees,shrubs and other herbaceous plants may amact wildlife. SubsequenUy, omamental landscaping may be damaged by wildlife. Homeowners will need to be responsible for damages incutted and will not be eligible for any reimbursement by the Colorado Division of Wildlife. Chronic Wasting Disease has been diagnosed within deer herds west of this parcel. Homeowner and landowner cooperation has played a crucial role in Colorado Division of Wildlife management efforts and will continue to be essential in the future. Homeowners should be aware of this disease and management efforts associated with maintaining healthy deer populations. Homeowners should be awaze that feeding big game animals, including deer, in Colorado is prohibited. Attracting and concentrating herds of deer by supplemental feeding may play a role in the prevalence and spread of chronic wasting disease. Homeowners shoufd be made aware of the presence of native predators. Pets should not be allowed to roam free. A11 domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate far the species being raised. Pets as well may negatively interact with wildlife even on the home-sites and homeowners will be responsible for handling these problems. Homeowners should secure pet and animal feeds,trash containers,and charcoal/gas grills. Pets should have current shots. All control of nuisance wildlife will be the DEPARTMENT OF NATURAL RESOURCES,Russell George,Execafive Direda WILDLIFE COMMISSION,JetGey Craw(ord,Chair.Tom Burke,Uce Chair.CIai2 O'Neal,SecreTary Members,Robert Bray•Brad Coors•Ridc Enstrom•Richard Ray•James MrAnalry•Ken Torres 6c ORao Members,Russell George and Don Ament � � homeowner's responsibility with the possible exception of bears and mountain lions. Homeowners and potential homeowners will find additional recommendations and information in the following Cobrado Division of Wildlife Btochures: "Living with Wildlife in Coyote Country","Living With Wildlife Canada Geese", and"Too Close For ComforP'. Homeowners should also be awaze that hunting may be an ongoing fall and winter activity on lands suttounding the development. Shooting will occur normally in the eazly momings until dazk on these areas. The sounds of gunfire may be somewhat distracting,yet should be noted to the potential owners and developer. Thank you for your consideration of these comments. If you have any questions regazding these comments,please contact District Wildlife Manager Suzanne Kloster at 303-485-0593. Sincerely, ` �� ; I�f l,'{r <"Z �- �/�l� c�, ��, �}�P� g , �� Scott Hoover Northeast Regional Manager Cc: John Bredehoft,Assistant Director Mark Leslie, Area Wildlife Manager Suzanne Kloster,District Wildlife Manager File: Scott Hoover,Northeast Regional Manager Area 2 File AFFIDAVIT OF INTEREST�LAND OWNERS • Page 1 of 1 AFFIDAVIT_OF INTERESTED_LAND OWNERS SURFACE ESTATE Subject Parcel: 106105000036 THE LTNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County ]ntemet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld Coun Assessor was assembled within thirty days of the application's submission date. `j 4— Sig ture � Da e Property Owners_Within 500_ft._of Parcel#_106105000036 AME MAILING ADDRESS PARCEL IDENTIFI_CA_TI0N # 740 N ADAMS CLARK GENEVIEVE TRUSTEE 106105000035 BIRMINGHAM,MI 48009 22888 WELD CO RD 3 RAHAM JENNY JO 106108000046 BERTHOUD,CO 80513 ITTLE THOMPSON WATER 835 E HWY 56 ISTRICT 106108000048 BERTHOUD,CO 80513 801 HINSDALE DR CCHAN T RUSSELL (20%) & FORT COLLINS,CO 106105400053 80526 501 WELD CO RD 48 SANCHEZ ANTHONY L & LORI K 106106000010 BERTHOUD,CO 80513 255 COUNTY ROAD 46 STROH DANIEL G 106107100070 BERTHOUD,CO 80513 281 SHALE RIDGE RD SUITS HEATHER STORI & 106105000010 BERTHOUD,CO 80513 http://maps.merrickcom/website/weld/setSql.asp?cmd=buffer&PIN=106105000036&Par I... 6/26/2006 � • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Twin View Estates) Subject Property: Township 4 North Range 68 West. 6th P.M.. Weld County. CO Section 5: Lot B of Recorded Exemption No. 1061-05-3-RE-2953, being a part of the SW��4 Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through July 6, 2006. A photocopy or facsimile of this list shall for all purposes be a valid as the original hereof. Dated this 15` day of August, 2006. CREWS & ZEREN �� By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Twin View Estates, LLC Magpie Operating, Inc. 3555 Stanford Road, Ste. 204 2707 So. County Rd. 11 Ft. Collins, CO 80525 Loveland, CO 80537 Crews d'Zeren,LGC Mineral7it(e Services P.O. Box336337 (970)351-0733 C'jree(ey, CO 80633-0606 Page 1 of 2 jax(970J 351-0867 � � By acceptance and use of this list, the client and its agents agree to ali of the following: William G. Crews ("Crews") and Cynihia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or ClienYs agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5- 103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Cotorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the ClienYs contract is with, and all payments are due to, Crews &Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attomey licensed to practice law. Crews and Zeren have agreed to prepare listings of minerai estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client)of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, inciuding but not limited to, breach of representation,warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party(including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole,joint, concurrent, simple or gross). Crews d'Zeren,GGC �fineral7it(e Seruices P.O. Box336337 (970)351-0733 Gree(ey, CO 80633-0606 Page 2 of 2 'jax(970J 351-0867 � • Statement reEardinQ uses on site and followina of development Quide Twin View Estates is in compliance with and meets all criteria as required at the Change of Zone phase. The uses on site will consist of rural residential housing and will adhere to the Estate Zone District requirements except for signage size which was approved by the Board of County Commissioners. The following summary indicates how the development guide is being adhered to. In addition, the covenants for Twin View Estates details restrictions in the subdivision. ENVIRONMENTAL IMPACTS Twin View Estates is a residential development and as such there will be no adverse impacts from noise, vibration, smoke, dust or odors. Lighting will be typical for a residential development. There will not be an adverse impact from heat, light or glaze. There will not be any equipment located on the site which will cause undue electrical interference. There will be no activities which will cause water or air pollution. There are no jurisdictional wetlands located onsite and there are no existing colonies of wildlife that will be disturbed. Lots and houses may be oriented to take advantage of the views to the west. Individual septic systems will be utilized for wastewater disposal and will be constructed to Weld County regulations. Drinking water will be provided by the Little Thompson Water District. Individual homeowners will be responsible to remove household trash. As the development is for only nine lots, impacts to traffic will be minimal. Construction activities will be conducted in a manner as to reduce potential erosion concerns in accordance with Weld County rules and regulations. Construction of foundations and roads will be closely monitored and all regulations will be adhered to. SERVICE PROVISION IMPACTS The School District has approved the bus pull-off location and has indicated that cash-in-lieu will need to be paid which will be done in accordance with School District policy. The sherifPs office recommendations will be taken into account and will be adhered to when applicable. The Berthoud Fire Protection District will provide service and this development will adhere to their rules and regulations when applicable. The Fire District has approved the addressing for this development. Emergency service will be available through the Fire District as well as Weld County. The interior roadways will be constructed to Weld County and Berthoud Fire District standards. Roads will be collateralized in an improvements agreement as required and will be constructed to Weld County specifications. � � A final drainage report has been submitted with the final plat application and adheres to Weld County regulations. All utility providers have been contacted and utilities are available to the site. Little Thompson Water District will provide water to the site. Individual sewage disposal systems will be designed and constructed to Weld County standards. LANDSCAPING ELEMENTS Minimal landscaping is planned. The open space will remain in dry land grass and the homeowners association will be responsible for maintenance of landscaping. SITE DESIGN There will be a path ]ocated around the perimeter of the subdivision, which will provide an area for walking that is not located adjacent to the road. This path will allow neighbors to visit other properties without walking in the road. The drainage plan routes the water to a detention pond by utilizing overland flows. There are drainage easements throughout the subdivtsion as required by the Weld County Code. Due to the design of Twin View Estates, curb and gutter would not tie into adjacent subdivisions in the future, as the roads will not be extended because of the lot layout. The Boud of County Commissioners approved a waiver regarding the installation of curb, gutter and sidewalks. The Right-to-Farm note will be included on the final plat in order to notify potential purchasers that agricultural uses can occur on adjacent properties. The plat notes will ensure the continuation of agricultural production on adjacent properties. As this is a residential development, there will not be any conflicting uses. COMMON OPEN SPACE USAGE Common open space of approximately 10.95 acres will be provided. The open space will be owned and maintained by the Homeowners Association and the covenants for Twin View Estates will addresses all aspects of the open space such as maintenance, taxes and use restrictions. Homeowners will be required to join the homeowners association and the covenants will be established prior to the sale of lots. SIGNAGE Individual signs will adhere to the requirements of the Estate Zone District, except for the subdivision sign. A subdivision sign will be constructed and located neaz the entrance but not in an azea which restricts visibility to either incoming or outgoing traffic. The location is noted on the plat and the size was approved by the Board of County Commissioners. Hello