HomeMy WebLinkAbout20060101.tiff P. wNNED UNIT DEVELOPMENT (PUG) CHANGE OF ZONE APPLICATION
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'"t FOR PLANNING DEPARTMENT USE UA T E RECE'I'VED:
RECEIPT#/AMOUNT# 1$ CASE n ASSIGNED: f
APPLICATION RECEIVED BY PLANNER ASSIGNED:
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Paccret Number it P1 rD ..[d ` IU-yy1
(12 digit number-found on Tax I.D.intormabon,obtainable at the vtletd County rise: ac's Office, •^'C.c^!,!)
(Include all lots being included in the application area,it auditiurtei space is require-iequirad,attach as t°^na!sheet)
Mil'az-z -RE 2712
Legal Description �e'^ti0^ Township z. North- Ranee 6 West
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Property Address(if Appiiccabie) k/l// COkl15, 40/ 3/ J toes i n'e i ej W44,i r zy.y)-
Existing Zone District : // Prvy,00`I Zone District. R(!D. Total Acrenoe:_y5e C Proposed #/Lots
Average Lot Size: Minimum Lot C!ze: 7.II Proposed Subdivision Name: Korea Many AM;
Open 6, 9J1 /kJ i Proposed Area (Acres) �_P�.. -ter...'_- _-
ppt,ang for rnncept cal nr Specific Guide? Conceptual Specific X
Are you cr N,y...y �_. ._ ..... _�.�� _ Specific
FFF OWAIFR(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
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Work Phone# 6 flame Phone# Email Address
Address: 922—S. &tiedd Lase _
City/State/Zip Code_ (a f/Ranch a lG
APPLICANT OR AUTHORIZED AGENT (See Below Authorization must accompany applications signeu by Autronted AgenQ
Name: Jeffrey hi Guch , /f' ce !EM Enq(iteeav
Work Phone# X31- 9931j Home Phone m 17o '7 1170 Email Address Jana Cagc4 la csstcaT Ael
Address: 3461E a-hallow Arcl
City/State/Zip Code felt Col% Co (feSlff-70o2
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UTILITIES: Water: Cent al wino wan kit fiuo (c/
Sewer: -u uuhduSS Swig (J-qc.al Sys
Gas:
Electric: i�lnI�t•t/ PcwC/
Pijui la. a'l'ts _
uiS T RiCTS: School: Corn f^( dkpi lad 0 PE File: C'l�t 7S �la�'Cvj* fry fte&'ew�4N IS�i�iC/ _
Post: Ti? tat/C� _ -----I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of au fee owners of property must sign ibis
application. If an Authorzed Agent signs,a letter of authorization from all fee owners must be included with the appli a--_^ if
corporation is the lee owner, notarized evidence must be i,icwccd indicating rg the ig .to h3 the legal authority to sinn for the
t he c before the Weld County Planning Commission and the Board of
corporation. t (we), tiw undersigned,,. hereby request,.., aS
CountCa}, e _ sr., o the proposed Channe of 7nne for the above described unincorporated area of Weld County,
y./ ...no �.e _- '
cOkro
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Si_ re. or prized Agent Date Signature: Owner or Authorized Agent Data
EXHIBIT
2006-0101 1 .2. ,
MOOREA MANOR NORTH P.U.D.
SPECIFIC DEVELOPMENT GUIDE
December 5, 2003
INTRODUCTION
Moorea Manor North is a 45.2 acre parcel located along County Road 21.5 near Platteville,
Colorado. The proposed project is intended to create eight residential lots immediately adjacent to
Moorea Manor, a six lot residential subdivision approved in April, 2003. The larger lots allow for
minimal disruption of the existing road, utility, and irrigation infrastructure.
COMPONENT ONE
Environmental Impacts
1. Noise and Vibration
Moorea Manor North P.U.D. will create eight residential lots. The lots will allow limited large
animal activity and small ancillary buildings. Industrial or commercial activity will not be
allowed. Noise and vibration impacts would be similar to other large lot subdivisions and will
have no impact to adjacent property.
2. Smoke, Dust and Odors
Moorea Manor North P.U.D. will provide minimal impacts to adjacent property relating to
smoke, dust and odors. Specifically, NO burning will be allowed to create a smoke hazard.
Internal subdivision roads will be paved which will minimize dust creation. The existing
irrigation system will remain intact which will allow homeowners to flood irrigate individual lots.
This will greatly improve the quality of vegetative cover and minimize dust in animal areas.
Odors will not impact adjacent property. Solid waste disposal will insure household garbage is
removed from the site. Covenants will require that animal areas be maintained on a regular
basis.
3. Heat, Light, and Glare
Heat, light and glare will not be generated from the Moorea Manor North P.U.D. Heat will not
be vented from residential structures. Street lights will not be installed as to maintain a country
°dark sky environment Covenants will curtail lighting on structures. Glare will not be created
from residential structures.
4. Visual/Aesthetic Impacts
Moorea Manor North P.U.D.will create protective covenants which will minimize visual impacts
created from eight residential structures. Covenants will govern building height, building
materials, building color, and locations. Landscape will delineate street and open space areas
to create attractive, useable spaces. Landscaping will also provide buffering between lots and
adjacent properties.
Houses will be strategically placed to create view corridors for both homeowners and adjacent
property owners. Screening will also be provided for oil well equipment which currently creates
a negative visual impact in the area. Roadways will follow the existing terrain and house
elevations will match the terrain as well.
The existing site is barren except for oil production facilities. The development provision
outlined as part of Moorea Manor North will provide for the screening of existing eyesores,
establishment of acceptable ground cover, buffering via the creation of open space and
aesthetic enhancements with the addition of landscaping.
5. Electrical Interference
There is no activity proposed by the Moorea Manor North P.U.D. which will create electrical
disturbance. All electrical improvements will be installed underground. Antennas, towers, and
.-- dishes will be controlled by covenants. Transmission lines are located approximately 500 feet
south of this project These lines are far enough away to have no negative impact on the
project.
6. Water Pollution
Moorea Manor North P.U.D. will improve both surface and ground water quality. The
elimination of agricultural activity will reduce the chemical and sediment loads historically
created by runoff from this area. Also, irrigation and stormwater runoff will be routed to a
detention pond at the easterly edge of the site. The detention pond will function as a sediment
pond further improving water quality on the site. Covenants will require maintenance of open
space and animal areas.
7. Wastewater Disposal
Wastewater created from the residential units will be treated via Individual Sewage Disposal
Systems constructed on each site to be in compliance with Weld County Health Department
Guidelines.
8. Wetland Removal
As a previously irrigated and cultivated agricultural parcel,there are no wetlands located on the
site. The site was leveled to facilitate the irrigation system which eliminated low areas where
wetlands could have been established.
r.. 9. Erosion and Sedimentation
Erosion and sedimentation caused by stormwater runoff or wind have historically been minimal
from this site. The existing sparse grass and weed ground cover have provided an effective
protection for the site. There is currently no evidence of erosion or sedimentation on the site.
An erosion control plan and vegetative plan will be created to maintain these conditions.
10. Excavating, Filling and Grading
Overlot grading for this development will not be required. The disruption of the existing site will
be within the limits of the proposed Harpenden Court right-of-way. Once utilities are installed,
roadways will be graded and paved to eliminate visual and erosion impacts. Streets will be
graded to match the existing ground slope.
11. Drilling, Ditching and Dredging
Drilling, ditching and dredging will not be required to complete this project
12. Air Pollution
The creation of eight structures will increase vehicular traffic in the area by approximately 60
trips per day. Burning will not be allowed. Air pollution impacts, therefore, will be minimal.
13. Solid Waste
Solid waste will be removed from the site by a commercial waste hauler. Individual
homeowners will be responsible to contract for this service.
14. Wildlife Removal
Because this area has historically been cultivated, there is little habitat for wildlife. This project
will provide corridors along the existing irrigation ditch and provide open space tracts around
the perimeter of the project. No existing wildlife will need to be removed.
15. Natural Vegetation Removal
The natural vegetation currently located on the site is of poor quality. In the transition from its
current vacant status to a development parcel, additional effort will be made to maintain the
growth of the vegetation and establish a viable grass cover. Disruption of the site caused by
the development will be contained with the proposed Harpenden Court sixty foot right-of-way.
Located within this right-of-way will be all transportation, water, gas, electric, communication
and irrigation improvements.
•
16. Radiation/Radioactive Material
The geological hazard report prepared for this project indicates that the rock formation which
would produce radioactive activity is not located in this area. Background radiation levels were
found to be minimal in the area.
17. Drinking Water Sources
A potable water system will be provided through the Central Weld County Water District.
Delivery of this water will be accomplished by an existing ten inch water main in County Road
21.5 and by and existing eight inch water main in Harpenden Lane.
18. Traffic Impacts
Traffic Impacts created by the addition of eight residential structures will have insignificant
impact on the existing transportation infrastructure.
Harpenden Court will connect to the existing Harpenden Lane. Harpenden Lane connects to
County Road 21.5 which is a paved collector roadway.
COMPONENT TWO
Service Provision Impacts
1. Schools
Schools are provided by the Platteville-Gilcrest School District RE1. An agreement has been
executed with the School District which establishes an impact fee for each newly created lot.
The School District did not want a bus turnout along County Road 21.5. Busses will pick up
students along the interior roadways.
2. Law Enforcement
Law enforcement is to be provided by the Weld County Sheriff's Department The Sheriffs
Department is supportive of names, signage, well protection design, school access, and postal
access, but has indicated that they lack the resources to provide adequate services for
additional growth in Weld County. The Sheriffs Office did not require a turnout at the entryway
to this project since both the School District and Post Office did not request a turnout
3. Fire Protection
Fire Protection is provided by the Platteville—Gilcrest Fire Prevention District Fire hydrants,
roadways, signage, and turn arounds have been provided as the District has requested.
4. Ambulance
Ambulance service will be provided by the Northern Colorado Ambulance Service.
5. Transportation
The regional transportation system for this project is provided by County Road 21.5, County
Road 24.5, and County Road 23. These roadways are twenty-five foot wide paved collector
roadways. The interior subdivision roadways connect to County Road 21.5.
Harpenden Lane is currently a gravel roadway which is thirty-four foot wide and is located
within a sixty foot right-of-way and is classified as a local street The proposed development
will construct Harpenden Court to similar standards. It is anticipated that both Harpenden Lane
and Harpenden Court will be paved.
6. Traffic Impact Study
A Traffic Impact Study was not required for this project because of the minimal increase of
traffic to the existing system.
7. Storm Drainage
All stormwater runoff will be directed to a detention pond located at the east edge of the site.
An existing eight inch outfall line discharges historical runoff to the South Platte River.
8. Utility Provisions
The construction of the Moorea Manor Subdivision immediately adjacent to the south of this
property was completed in April 2003. Utility provides installed oversized infrastructure in
Harpenden Lane to provide for additional growth in this area.
9. Water Provisions
Water service will be provided by the Central Weld County Water District An eight inch water
main in Haprenden Lane will provide both domestic and fire flows to Moorea Manor North.
10. Sewage Disposal Provision
All sewage disposal will be provided by Individual Sewage Disposal Systems (ISDS) for each
lot Percolation tests completed for this area indicates that these systems are appropriate for
this development.
11. Structural Road Improvement Plan
A geotechnical study will be completed to identify the roadway structure for Harpenden Lane
and Harpenden Court
COMPONENT THREE
Landscape Elements
Landscaping for Moorea Manor North will consist of the following elements:
1. Oil Production Facility Screening
Berms will be provided to screen oil production facility along Lot 1 and along the north
perimeter of the site.
2. Perimeter Buffer
A thirty foot tract has been provided along the perimeter of the project. This tract will be fenced
by adjacent lots. An aggregate trail six feet wide will be provided for pedestrian, bicycle and
equestrian circulation.
3. Streetscape
One tree per lot will be planted along Harpenden Lane and Harpenden Court to delineate the
streetscape.
4. Maintenance
Maintenance of all improvements in common areas will be maintained by the HOA. Trees and
vegetation within the individual lots will be maintained by the property owners.
5. Irrigation
Native water rights associated with this property will be dedicated to the HOA for maintenance
and watering of the proposed open space. All existing irrigation infrastructure is operational
and will remain intact
COMPONENT FOUR
Site Design
1. Unique Site Features
A regional irrigation ditch,The Fort Lupton Bottom Irrigation Ditch, traverse the westerly portion
of the site. This ditch will provide a buffer between lots and a corridor for wildlife migration.
2. Consistency with Goals and Policies of Chapter 22
This project is consistent will the goals and policies of Chapter 22.
.. 3. PUD Zoning Compatibility
The proposed use is being developed for residential parcels. Screening will be provided from
oil production facilities on the site.
4. PUD Zoning Compatibility with Adjacent Land Uses
The project will be adjacent to a similar residential project along its south boundary. The
project will be adjacent with agricultural property along its north,west and east boundaries.
5. Hazard Areas
This project is not within a Flood Hazard, Geologic Hazard or Airport Overlay District.
COMPONENT FIVE
Common Open Space Usage
A tract along the perimeter of the project provides open space, buffer to adjacent property and a
trail system for pedestrian, bicycle, and equestrian uses. A larger area near the center of the
project will provide a picnic area, equestrian training area and trailhead for the perimeter tract.
r
COMPONENT SIX
Signage
Traffic control signs and street information signs will be installed at the intersection of County Road
21.5 and Harpenden Lane at the intersection of Harpenden Lane and Harpenden Court. No other
signing is anticipated for this project
COMPONENT SEVEN
MUD Impact
This project is not within a MUD area.
COMPONENT EIGHT
Intergovernmental Agreements Impacts
This project is not within an area govemed by intergovernmental agreements.
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
December 4, 2003
Jacqueline Hatch, Planner I
Weld County Planning Office
1555 North 17th Avenue
Greeley, CO 80631
RE: Moorea Manor North PK-1048
PUD-Change of Zone
NW''4 Sec.2,T2N, R67W
Dear Jacqueline:
Thanks for meeting with Steve Klen, Lee Petrides and myself to review your comments dated
October 14, 2003. This letter is intended to provide a response to the issues raised from various
referral agencies. Also, attached is our PUD Change of Zone submittal, which we feel addresses
the various concerns raised through the PUD Sketch Plan review.
Central Weld County Water District(CWCWD)
A water extension agreement has been submitted to and has been approved by the Weld County
Attorney's Office.
Platteville-Gilcrest Fire Protection District
This project will be able to conform to the requirements of the Fire Protection District relating to
pressure,flow, hydrant locations, access and turn arounds.
Weld County RE1 School District
An agreement has been provided with this submittal which addresses the Districts concerns. A
bus turnout will NOT be required at the entrance to this project along the west side of County Road
21.5.
Jacqueline Hatch, Planner I
Weld County Planning Offices
December 4, 2003
Page Two
Fort Lupton, CO Postmaster
A turnout for postal delivery will NOT be required for this project. Individual mail boxes will be
provided along the east side of County Road 21.5. This location is dictated by current delivery
routes.
Weld County Department of Health and Environment
Irrigation improvements have been shown on the site plan. Water service commitment information
has been provided to the Department. The large lots being proposed will allow for the requested
setbacks and delineation of two locations per lot for absorption fields.
Weld County Department of Public Works
The Public Works Department had no comments relating to this project Harpenden Lane and
Harpenden Court will be paved.
Fort Lupton Bottom Ditch
A draft agreement was completed and is attached with this submittal.
Colorado Geological Survey
It is agreed that site specific foundation design should be completed for all buildings.
Platte Valley Soil Conservation District
The Platte Valley Soil Conservation District provided soil information identical to information shown
on the Sketch Plan submittal and prepared by Church and Associates, Inc.
Weld County Department of Building
The Department of Building comments addressed future building requirements. We agree with
these comments.
Jacqueline Hatch, Planner I
Weld County Planning Offices
December 4, 2003
Page Three
Towns of Platteville, Frederick&Firestone
All three communities had no issue with the proposed project
Weld County Sheriff
The Weld County Sheriff has no concerns with this project. Since the School District and Post
Office did not want a turnout along County Road 21.5, the Sheriffs Office will not require a turnout.
Colorado Division of Wildlife(CDOW)
No response has been provided by the CDOW.
Urban Scale Development Standard
We have attempted to comply with Urban Scale Development Standards due to the proximity of
this project to Moorea Manor. The major change will be to include the paving of Harpenden Lane
and Harpenden Court.
Common Open Space
Fifteen percent(15%) Open Space has been added to this project as required by the PUD Zone
District.
Please review the information provided with this letter and with the PUD Change of Zone submittal
materials completed for Moorea Manor North. We look forward to working with you through this
phase of the development process and feel that comments received to date have been addressed
in a positive manner.
Please contact me at(970) 231-9937 if you need additional information.
Singe
ouch,
EAM Engineering
Cc: Lee Petrides, Weld 45 Acre, LLC
Weld County School District RE-1
Gilcrest •LaSalle • Platteville
P.O.Box 157
14827 W.C.R.42
Gilcrest,CO 80623
Jo Barbie,Superintendent Phone 970-737-2403
Bj Stone,Director of Curriculum and Staff Development Fax 970-737-2516
Ed Smith, Director of Auxiliary Services and Personnel Metro 303-629-9337
Jeff Cogburn,Director of Student Achievement
December 22,2003
Weld County Planning Department
Ms. Jacqueline Hatch
1555 North 17`s Avenue
Greeley, Colorado 80631
Dear Ms.Hatch:
This morning,I received a phone call from Mr. Jeffrey Couch,Planning Engineer for Moorea Manor North. It is my
understanding the developers of Moorea Manor North are requesting a zoning change for the development. Based on the
information provided by Mr. Couch and in the Weld County Referral dated August 28,2003,Weld County School District RE-1
has no objection to a change in zoning. It is our expectation that Weld 45 Acre LLC developers of Moorea Manor North,will
continue to honor the agreement as outlined in a letter to you dated September 22,2003. The agreement includes the following
-commitments:
• Weld 45 Acre,LLC agree to construct cul-de-sacs with a radius of 50 feet or more.
• Weld 45 Acre,LLC agree to inform potential homeowners that road conditions may prohibit school district transportation
ingress and egress due to inclement weather.
• Weld 45 Acre,LLC agree to pay the school district the full in lieu payment of$8,433.60 upon the sale of the parcels to a
developer. Should each parcel sell individually, Weld 45 Acre, LLC agree to pay the school district the in lieu payment of
$1,054.20 for each parcel at the time of sale.
Please feel free to call me if you have any questions.
Sincerely, (n�
pct_ O L
Jo Barbie
Superintendent of Schools
pc: Jeffrey Couch,P.E.,Agent
Cheryl Brewster,District Accountant
BOARD OF EDUCATION
Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris
President Vice President Secretary Treasurer Director Director
Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date: 29-123
RE# :
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Weld ,I Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. Applicant Name Weld ys c' £ LU Phone (7M) 93y- '/1372
Address aaz City j/, a State CO Zip to/La
2. Address or Location of Access Mvpt,A La,,q G wat etc
Section 2 Township 2Yt/ ange 67W Su division — Block — Lot
Weld County Road#: a S Side of Road es Distance from nearest intersection B /ro/f I.�/ B f
t� Mica el.l; wce Ey3'
3. Is there an existing access(es) to the property? Yes /1 No #of Accesses
4. Pr sed Use:
Permanent Residential/Agricultural ❑ Industrial
❑ Temporary 0 Subdivision ❑ Commercial 0 Other
5. Site Sketch
Legend for Access Description: -
•
AG = Agricultural _____] WOE
9/�� I
RES = Residential WOE
O&G = Oil&Gas
.— D.R. = Ditch Road
0 = House
O = Shed B f
NI A . mzf.s
Ntwly quid access - &teade4Iw1t (Eta% tv
.44
Ifprpt t tea �,
h' feplalhe nil access 1v ke Late
If-wild frun, lfarpt of Lag - -
7 tila ty
7
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Len th
Special Conditions g
Installation Authorized O Information Insufficient
Reviewed By:
Tide:
/
-19-
Report-Date: 12/10/2003 02:28PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0416400
^ASSESSED TO:
LAWLEY DAVID&CINDY&
9202 S ROCKPORT LN
HIGHLANDS RANCH, CO 80126
LEGAL DESCRIPTION:
PT S2NW4 2-2-67 PT OF LOT B REC EXEMPT RE-2812 LYING W OF THE LUPTON BOTTOM DITCH SITUS:
WELD
PARCEL: 131102000009 SITUS ADD: WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 TAX 12.12 0.00 0.00 12.12 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 12/10/2003 0.00
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2192 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 3.80 AGRICULTUR 648 190
SCHOOL DIST RE1 26.016 4.93
NCW WATER 1.000 0.19 TOTAL 648 190
CCW WATER 0.871 0.17
CWC WATER 0.000 0.00
CCS WATER 3.850 0.73
PLATTEVILLE-GILCREST FIRE 2.518 0.48
AIMS JUNIOR COL 6.316 1.20
WELD LIBRARY 3.249 0.62
TAXES FOR 2002 63.876 12.12
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
/"OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley,CO 80632
(970)353-3845 ext.3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due,
issued by Weld County Treasurer, are evidence that, as of this date, all property taxes, special
assessments and prior tax liens currently due and payable connected with the parcel(s) identified
therein have been paid in full.
Signed --4/,� Date A21/0 Q 3
deport Date: 12/10/2003 02:28PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0416200
r`ASSESSED TO:
LAW LEY DAVID&CINDY&
9202 S ROCKPORT LN
HIGHLANDS RANCH, CO 80126
LEGAL DESCRIPTION:
PT S2NW4 2-2-67 PT OF LOT B REC EXEMPT RE-2812 LYING E OF THE LUPTON BOTTOM DITCH (.45R1D)
SITUS: WELD
PARCEL: 131102000005 SITUS ADD: WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 TAX 72.16 0.00 0.00 72.16 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 12/10/2003 0.00
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2191 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 22.66 AGRICULTUR 3,902 1,130
SCHOOL DIST RE1 26.016 29.39
NCW WATER 1.000 1.13 TOTAL 3,902 1,130
CCW WATER 0.871 0.98
CCS WATER 3.850 4.35
PLATTEVILLE-GILCREST FIRE 2.518 2.84
AIMS JUNIOR COL 6.316 7.14
WELD LIBRARY 3.249 3.67
TAXES FOR 2002 63.876 72.16
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEN HOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
�..CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970)353-3845 ext.3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance,the attached Statement(s) of Taxes Due,
issued by Weld County Treasurer, are evidence that, as of this date, all property taxes, special
assessments and prior tax liens currently due and payable connected with the parcel(s) identified
therein have been paid in full.
Signed 9(7)S—P-2 Date 7271/0
•
Weld County School District RE- 1
Gilcrest • LaSalle • Platteville
P.O. Box 157
14827 W.C.R. 42
Gilcrest,CO 80623
Jo Barbie, Superintendent Phone 970-737-2403
Bj Stone, Director of Curriculum and Staff Development Fax 970-737-2516
Ed Smith, Director of Auxiliary Services and Personnel Metro 303-629-9337
Jeff Cogburn, Director of Student Achievement
September 5,2003
Jeffrey W. Couch, PE
co TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, Colorado 80528-7002
Dear Mr. Couch:
Please find enclosed two copies of the proposed agreement between Weld County School District RE-1 and Weld 45 Acre, LLC. If you
and your clients find the agreement acceptable, please have Mr. Petrides sign both and return one to the school district. I will then
forward a copy to the Weld County Planning Department. Thank you.
ucerely,
i _
Jo Barbie
Superintendent of Schools
BOARD OF EDUCATION
Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baler Marsha Harris
President Vice President Secretary Treasurer Director Director
Our Total Commitment is to Provide an Exemplary Education and Sate Environment or all Students
Agreement
Weld 45 Acre, LLC
and
Weld County School District RE-1
Weld County School District RE-1 and Weld 45 Acre, LLC agree to the following terms
regarding Weld County Planning Department Case # PK-1048
1. Weld 45 Acre, LLC agree to construct cul-de-sacs with a radius of 50 feet or more.
2. Weld 45 Acre, LLC agree to inform potential homeowners that road conditions may prohibit
school district transportation ingress and egress due to inclement weather.
3. Weld 45 Acre, LLC agree to pay the school district the full in lieu payment of$8433.60 upon
the sale of the parcels to a developer. Should each parcel sell individually, Weld 45 Acre,
LLC agree to pay the school district the in lieu payment of$1,054.20 for each parcel at the
time of sale.
Weld 45 Acre, LLC
Mr. Lee Petrides, Manager
vrV _ uti 1-d 7 -5-n3
Mr.'ice Pe 'des, Manager ate Jo' arbie Date
Weld 4 Acre, LLC Superintendent of Schools
Weld County School District RE-1
North American Resources Company
Deaver District Office a PanCanadian company
Re: Future development plans
Township 2 North, Range 67 West
Section 2: a parcel in the S/2NW/4
Weld County, CO
Danny Nelson, North American Resources Company's field agent, has told me of your
request for information regarding NAACO's development plans on the above-referenced tract of
land. It is our understanding that you are planning to develop this tract of land.
NARCO is preparing to drill the Echeverria#12-2 well in the SW/4NW/4. The
Echeverria#22-2 well was previously drilled in the SE/4NW/4 of Section 2. Under Colorado Oil
&Gas Conservation Commission rule 318.a NARCO cannot drill any additional wells on your
tract of land after these two are finished drilling. However, there are additional well operations
that may be performed.
NARCO will most likely open up additional underground formations to drain the natural
gas and oil from the wells. This is done with a much smaller rig, but room for the fracture
stimulation equipment will be needed for temporary use. There will undoubtedly be mechanical
problems over time, so a workover rig will be utilized to get the well fixed.
As you can appreciate, it is impossible to predict future rulings of the COGCC that may
or may not call for the possibility of drilling of additional wells. However, at this time and for the
foreseeable future no more wells may be drilled.
Please keep in mind that Weld County and the COGCC have specific setback
requirements that dictate the distances from the produciton facilities to any buildings or
improvements. These are designed with the health, safety and welfare of the nearby residents in
mind.
If you have any questions or comments, please call me at(303) 839-3010.
Very truly yours,
NORTH AMERICAN RESOURCES
COMPANY
Robert J. Bram
Landman
cc: Danny Nelson
1700 Broadway • Suite 2000 • Denver, Colorado 80290
Telephone: 303-861-9183
Easement Agreement
This Easement Agreement is between the Lupton Bottom Ditch Company, a Colorado mutual
ditch company, whose current office is located at 11016 Weld County Road 23, Ft Lupton CO, 80621
(the "Ditch Company") and Weld 4ae h L/ with a current
address of 9?!? SotaM Fcckpo(t 1st %aaand Aged, CO r0/Z6 (the"Landowner"), and
is upon the following terms:
1. Landowner represents that it is the owner of all the property known as Moorea Manor
North, the legal description of which is attached hereto as Exhibit A(the "Subdivision"). The Ditch
Company owns and operates a Ditch, known as the Lupton Bottom Ditch ("Ditch"). The Ditch runs
north from the south property line to the north property line of the Subdivision, as approximately shown
on Exhibit A.
2. Landowner desires to obtain approval of the Ditch Company for certain matters "required
by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of
the Subdivision". The Ditch Company's interests will be benefited by confirmation of the existing
easement in writing and by the granting of its approval through the terms and conditions of this
Easement Agreement. Therefore, the Parties acknowledge that valuable consideration exists for this
Easement Agreement among the Parties.
3. It is agreed that the Ditch Company has an easement for the Ditch, its appurtenant
facilities and structures, which are located within a 60-foot easement, 30 feet from each side of the Ditch
centerline. Landowner recognizes and confirms said ownership of the Ditch Company.
4. Landowner hereby grants and confirms to the Ditch Company an exclusive easement for
the Ditch, and its appurtenant facilities,together with rights of ingress and egress for Ditch Company
purposes over any part of the easement. The easement shall be shown on the plat of the Subdivision.
The easement is for, but not limited to, the maintenance, operation, use, repair, reconstruction,
replacement, inspection, construction of the Ditch and Ditch system of the Ditch Company, and any
practice that may be required in the future to operate the Ditch and Ditch system,together with its
appurtenant facilities, and includes the right to clean by mechanical, chemical or burning the Ditch and
Ditch system, the right to deposit earth and other materials on the easement, and the right to change the
location of the Ditch within the easement.
5. Landowner grants to the Ditch Company the full and exclusive right and authority to cut,
trim, remove, destroy or modify any trees, shrubs, grasses, structures, fences or other items within the
easement or causing a hazard within the easement. Landowner will not plant, place or maintain any
trees, shrubs, grasses, structures, fences or other items within the easement, nor shall Landowner plant,
place or maintain any trees, shrubs, grasses, structures, fences or other items in such a manner as to
cause harm or impede the access to the Ditch or operations of the Ditch Company within the easement.
6. Landowner recognizes and acknowledges the Ditch Company's exclusive right of use of
the Ditch and related easement and structures, and the exclusive right to exclude others from the Ditch
and related easement and structures.
7. Landowner represents and warrants that Landowner is,on the date of execution of this
Easement Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the
Subdivision, and Landowner will obtain the written consent and acceptance of all lien holders by
signature on this Easement Agreement prior to its recording. Failure to obtain such written consent and
acceptance from all such lien holders shall cause Landowner to be in default under this Easement
Agreement.
8. All earthmoving or other activities on the property undertaken by the Landowner, will not
expose underground water to the surface or cause to increase seepage from the Ditch. Landowner shall
immediately correct any such problem to the Ditch Company's satisfaction, at the Landowner's sole
expense, and reimburse the Ditch Company for any material injury to any of the Ditch Company's or
shareholders' interests, including but not limited to water rights, structures or the Ditch itself.
9. Landowner shall not cause, permit or suffer any hazardous material,pollutant or other
foreign material to be deposited or discharged into the Ditch or the water carried in the Ditch.
Landowner will immediately notify the appropriate governmental agencies and the Ditch Company of
any potential or actual such deposit or discharge by any person. Landowner agrees to pay for the entire
clean up of any substance which Landowner, it agents, successors or assigns, cause to be deposited or
discharged into the Ditch.
10. The Ditch Company has no obligation to accept or carry any storm water or wastewater in
its Ditch.
11. Landowner hereby specifically waives all known or unknown claims, damages, rights of
indemnity, rights of contribution or other rights of any kind or nature for claims, damages, actions,
judgments or executions that have arisen or may arise out of the maintenance, operation or use of the
Ditch Company's Ditch and easement, including,but not limited to: seepage from the Ditch; flooding
due to overflow or breach of the Ditch; washing or erosion of the Ditch bank; cleaning of the Ditch and
easement by burning or chemical means; and excavation of the Ditch and storage of residue. Landowner
hereby agrees to indemnify the Ditch Company, its directors, officers, employees and stockholders
against any loss from any claims, demands or actions that may hereafter be brought against any of them
as a consequence of this Easement Agreement or concerning any of the provisions of this Easement
Agreement.
12. In any action brought by the Ditch Company to enforce the provisions hereof, whether
legal or equitable, and/or in any action involving the Ditch Company and Landowner,whether to enforce
the provisions of this Easement Agreement or otherwise, the Ditch Company shall be entitled to collect
from Landowner any related expenses, attorneys' fees and costs. Venue for all actions shall be in the
State of Colorado. The Ditch Company shall be entitled to all legal and equitable remedies available.
13. The provisions hereof shall be deemed independent and severable,and the invalidity or
partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity
or enforceability of any other provision hereof, provided that the primary purposes of this Easement
Agreement remain viable.
14. The terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the successors and assigns of the Parties. The provisions hereof shall constitute covenants
�^ running with the land, burdening and benefiting each and every part of the properties and every interest
therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the
land and as covenants in an agreement between owners. This Easement Agreement affects the property
and title of the Subdivision, and this Easement Agreement shall be immediately recorded in the real
property records of Weld County, Colorado at the expense of Landowner, and after recording, the terms,
conditions and covenants of this Easement Agreement shall become a covenant running with the land of
the Subdivision. This Easement Agreement shall constitute a benefit and burden on the Subdivision and
this Easement Agreement shall be enforceable by the Ditch Company and/or any or all of its
stockholders.
15. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform
plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall
not constitute a waiver of the right to enforce said provision or any other provision hereof.
16. Whenever used in this Easement Agreement,the singular shall include the plural,the plural the
singular, and the use of any gender shall include all genders.
17. This Easement Agreement may be signed in counterparts. The Parties' signatures may be evidenced
by facsimile.
18. This Easement Agreement shall be construed under the laws of the State of Colorado.
19. Landowner agrees to the following, and the following notes shall be inserted by Landowner onto the
Subdivision plat:
A. Part of the property is located directly below the Ditch of the Lupton Bottom Ditch
Company and may be subject to underground water levels that may restrict the proposed new use of the
property.
B. The Ditch Company has the authority to cut and remove trees within its easement and it is
acknowledged by the owners of the property in the Subdivision that the Ditch Company may at any time,
remove any and all such trees on the property. The owners of the property in the Subdivision
acknowledge that the property owners and successor owners may not plant or otherwise landscape the
Ditch easement. The Ditch Company also has the authority to install and maintain roads along the Ditch
banks.
C. The property owners may not place any fence, gate, structure or obstruction whatsoever
within the easement, and particularly across the easement that in any way affects access to, or operation
of,the Ditch or easement. Any fences approved by the Ditch Company along the Ditch easement must
be fireproof and stock-proof to prevent damage by humans and livestock and other sources to the ditch.
Permanent "No Trespassing" signs must be placed and maintained at every boundary and crossing point
and every seventy-five feet(75') along both sides of the easement at Landowners expense. Landowner
shall be responsible for the maintenance of said signs.
D. The property owners acknowledge and understand that there may be subsurface waters
that arise in the area of this property and that there maybe periods of time when, due to water flowing
within the Ditch system and otherwise,that portions of the property receive significant amounts of
subsurface water that maybe very near to the surface, or resides on the surface. Due to this problem, the
utility of certain portions of the property for construction of structures could potentially be unavailable.
The Ditch Company has no obligation or plans to alter its operations to limit or reduce this surface and
subsurface water. The Ditch Company is not responsible for any damages that occur to the property due
to maintenance or operation of the Ditch.
E. The property owners acknowledge that except as specifically authorized in writing by the
Ditch Company: 1)No hunting, swimming,tubing,jet skiing, boating, canoeing, livestock grazing or
watering, or other use of the easement, Ditch or water in the Ditch is allowed; 2)No dumping of refuse,
including but not limited to household garbage,waste materials, grass clippings,tree and shrub prunings,
motor oil, chemicals, pesticides or herbicides is allowed; 3)No pumps for lawn or other irrigation are
allowed in the Ditch; 4)No use of the Ditch easement for hiking, biking, horseback,motorcycle,off road
vehicles or other motorized or non-motorized vehicle shall be allowed or; and 5)the Ditch Company, in
its sole discretion, has the right to allow or prohibit any activity affecting the Ditch,water carried in the
Ditch or related interests. Such authorization of activities shall be approved in writing by the Ditch
Company, prior to commencement of said activities, and such authorization may be revoked at any time,
for any reason with no penalty to the Ditch Company.
F. No crossings of the Ditch are permitted without the prior written consent of the Ditch
Company, and compliance with the rules, fees,regulations and requirements of the Ditch Company,
which may change from time to time in the sole discretion of the Ditch Company.
G. The Ditch Company is not responsible for any overflow, underflow, flooding, seepage or any
other unreasonable condition of the Ditch that results from natural conditions.
IN WITNESS WIJEREOF, the parties hereto have executed this Easement and Agreement this
day of M'l k•I 2004.
THE LUPT�O/N BOTTOM DITCH COMPANY:
By: ICJ es.— 4iG.�y,�}/
PRE IDEN f/
Attest:
SEC TAR
LANDOWNERS: (Moores Manor North)
Signature
Printed Name
Title
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of 2004 by
as of
Witness my hand and official seal.
My commission expires:
(SEAL) Notary Public
Signature
Printed Name
Title
STATE OF COLORADO )
e•' ) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of 2004 by
as of
Witness my hand and official seal.
My commission expires:
(SEAL) Notary Public
05/'_8/2004 11:42 3037589109 0PPSUPGICAL PAGE 01
t n
subsurtace water that maybe very near to the surface, or resides on the surface. Due to this problem,the
utility of certain portions of the property for construction of structures could potentially be unavailable.
The Duch Company has no obligation or plans to alter its operations to limit or reduce this surface and
subsurface water. The Ditch Company is not responsible for any damages that occur to the ro to maintenance or operation of the Ditch. p perry due
E. the property owners acknowledge that except as.specifically authorized in writing by the
Ditch Company: l> No hunting,swimming,tutting,jet skiing, boating,canoeing, livestock
gnving or
watering, or other use of the casement,Ditch or water in the Ditch is allowed; 2)No dumping of refuse,
including hut not limited to household garbage,waste materials, grass clippings,tree and shrub prunings,
motor oil,chemicals, pesticides or herbicides is allowed:3) No pumps for lawn or other irrigation are
allowed in the Ditch;4) No use of the Ditch easement for hiking,hiking, horseback, motorcycle,off road
vehicles or other motorized or non-motorized vehicle shall he allowed or;and 5)the Ditch Company, in
its sole discretion, has the right to allow or prohibit any activity affecting the Ditch,water carried in the
Ditch or related interests. Such authorization of activities shall be approved in writing by the Ditch
Company, prior to commencement of said activities,and such authorization may he revoked at any time,
for any reason with no penalty to the Ditch Company.
F. No crossings of the Ditch arc permitted without the prior written consent of the Ditch
Company, and compliance with the rules, fees, regulations and requirements of the Ditch Company,
which may change from time to time in the sole discretion of the Ditch Company.
C. The Ditch Company is not responsible for any crvertlow,underflow, flooding,seepage or any
other unreasonable condition or the Ditch that results from natural conditions.
r
IN WITNESS WI1LRF.OF, the panics hereto have executed this Easement and Agreement this
5_ _day of_ 0'IJILL—_._. 2004.
THE LUPFON BOTTOM DITCH COMPANY:
By:
PRTOF.
Attest• 1I1 VAt
Sa ETAR
A O NERS• ooresMrnn+ A
rtyNorth))) — l.UJ(5(�((A) c}s Lk
LLC.ignarpc Printed vac Att — V Jr
title
VO'd O6LT ZBZ 046 OuL..taaut6u3 wrral VSS=sO bO-9I -Kew
05/28/?004 11:4'_ 3037589109 OPPSUPGICAL PAGE 02
STATE OF WWI(ADO )
•
)ss.
COUNTY(11 WILD
The foregoing insovtncnt was acknowledged berme me this Z day of r�
—,� as — 2004 by
or
wetness my hand and official seal. ) '
My commission expires: Li 2't .9-O(96.
SANDRA A. PRODAN /!
(sENATARY PUBLIC Note biic • ((G��1 •
Stet OF COLORADO
£ WCcmm_ ssixt`,w... 20/(1 .co r (�1-c( Q ‘1 .S- ✓ACA L , t•
Signature
Printed Name —�
Title
STATE 01 COLORADO )
)ss.
COUNTY OF WI ,D
The foregoing instrument was acknowledged before me this_ day of 2004 b
_ Y
as
of
Witness my haul and official scat-
My commission expires:
(SE.AI.) Notary Public.
•
SO'd 0611 ZRZ 016 •3ut OuL.4esu46u3 week V95:5O to-sr-KeL.t
WATER LINE AND ROAD COST-SHARING AGREEMENT
t)
THIS AGREEMENT ("Agreement") is made and entered into this tc day of
0r dv u- , 2002, by and between Steve Klen and Lori Guttenstein, whose address is
6909 Shannon Court, Loveland, Colorado 80538, and who shall hereinafter be referred to jointly
as "K/G," and Lee Petrides, whose address is 9202 South Rockport Lane, Highlands Ranch,
Colorado 80126; David Lawley and Cindy Lawley, whose address is 15 Maple Drive, P. O. Box
107, Fredrick, Colorado 80530; Richard L. Parietti, whose address is 1609 East Phillips Avenue,
Littleton, Colorado 80122; and Weld 45 Acre LLC, the address of which is 9202 South Rockport
Lane, Highlands Ranch, Colorado 80126, who shall hereinafter be referred to collectively as
"LLC."
RECITALS
A. K/G are the owners of a certain parcel of undeveloped real property located in the
County of Weld, State of Colorado, and described as a parcel of land being part of the West 1/2
of Section 2, Township 2 North, Range 67 West of the Principal Meridian, Weld County,
Colorado, and being more particularly described as Lot A of Recorded Exemption No. 1311-02-
2-RE2812. Said property will hereinafter be referred to as"Moorea Manor."
B. LLC are the owners of undeveloped parcels located in the County of Weld, State
of Colorado, legally described as a parcel of land being part of the South 1/2 of the Northwest
1/4 of Section 2, Township 2 North, Range 67 West of the Principal Meridian, Weld County,
Colorado, and being more particularly described as Lot B of Recorded Exemption RE2812. Said
property will hereinafter be referred to as the "LLC Property."
C. K/G have submitted a request to the Weld County Planning Department to
subdivide Moorea Manor into six lots ranging in size from 9.909 acres to 4.293 acres as shown
on the Minor Subdivision Sketch Plan for Moorea Manor prepared by Team Engineering, Inc.
and dated 8/30/01 ("Sketch Plan").
D. As shown on the Sketch Plan, the LLC Property is adjacent to and immediately
north of Moorea Manor.
E. LLC intend to subdivide the LLC Property and have submitted a request to Weld
County Planning Department to subdivide the LLC Property.
F. The development of Moorea Manor and/or the LLC Property will require the
construction of an extension of a water main line and the construction of a private access
road/drive from Weld County Road 26, which will benefit both Moorea Manor and the LLC
Property.
G. The parties hereto desire to set forth and define the terms and conditions for
payment and discharge of their respective obligations with respect to the installation and
construction of the certain water main line extension and private access road/drive described
below.
NOW, THEREFORE, for and in consideration of the promises herein contained, the
mutual benefits to be derived therefrom and other good and valuable consideration, the receipt
and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as
follows:
1. Water Line Extension.
A. Construction. TUG shall dedicate or convey such rights-of-way as may be
required by Central Weld County Water District, hereinafter referred to as the "District," for the
construction of an extension of a 10 inch water main line, hereinafter referred to as the "Water
Line Extension." The Water Line Extension will generally run south from Weld County Road
2
26 to the north boundary line of Moorea Manor and then west to the cul-de-sac shown on the
Sketch Plan. The Water Line Extension will provide for two fire hydrants that will be located on
the road/drive referred to below as Harpenden Lane. K/G shall be responsible for arranging for
the construction of the Water Line Extension by the District. It is anticipated that construction
will begin within a reasonable time after K/G receive final approval of the minor subdivision
request for Moorea Manor, subject to contractor, material and labor availability; weather; the
District's requirements; and other factors not reasonably within the control of K/G.
B. Cost Allocation. K/G and LLC agree to share all costs for the design,
engineering and construction of the Water Main Extension, fifty percent (50%) to K/G and fifty
percent (50%)to LLC. The parties acknowledge that on May 14, 2002, K/G entered into Water
Main Extension Contract #1 with the District for the construction and installation of the Water
Main Extension, a copy of which contract is attached to this Agreement as Exhibit A and which
shall hereinafter be referred to as the "Contract." Pursuant to the Contract, the District estimates
the cost to design, engineer and construct the Water Main Extension will be Ninety-seven
Thousand Nine Hundred Six & 05/100 Dollars ($97,906.05), including labor, installation, fees
and other costs directly applicable to the construction of the Water Main Extension. Said
estimated costs shall hereinafter be referred to as the "Contract Estimated Costs." The Contract
Estimated Costs are for the Water Main Extension only and do not include any required tap fees.
The parties recognize that they will be required to purchase water taps at a later date dependent
upon available capacity.
C. Reimbursement by LLC to K/G. LLC recognize and acknowledge that K/G
have prepaid the District the Contract Estimated Costs. LLC agrees to reimburse K/G one-half
of the Contract Estimated Costs or one-half of the actual costs to the extent the actual costs are
3
greater than or less than the Contract Estimated Costs, hereinafter referred to as the "Water Main
Reimbursement." Payment of the Water Main Reimbursement by LLC shall be made prior to
any use by LLC of the Water Main Extension. LLC acknowledge and agree that they shall have
no right to tap into, connect to or otherwise use the Water Main Extension until they have fully
paid the Water Main Reimbursement to K/G. The parties acknowledge and agree that the
Contract Estimated Costs and the Water Main Reimbursement do not include any costs for the
construction or installation of lateral lines running from the Water Main Extension to supply
water to any lot within Moorea Manor or the LLC Property. Any costs to install any lateral to or
from the Water Main Extension shall be the sole responsibility of; and be paid for solely by: (1)
K/G for any lateral connecting to any lot in Moorea Manor, and (2) LLC for any lateral
connecting to any lot on or any portion of the LLC Property.
2. Road Improvement.
A. Construction. A private road/drive ending in a cul-de-sac shall be constructed
along the northerly boundary of a portion of Moorea Manor as shown on the Sketch Plan and
may be named Harpenden Lane. Said private road/drive shall hereinafter be referred to as
"Harpenden Lane." K/G shall be responsible for the construction of Harpenden Lane and in their
sole discretion shall control the manner and timing of the construction, except as follows:
Harpenden Lane will be constructed of packed road base and will satisfy current Weld County
standards for the construction of a private road/drive.
B. Cost Allocation. K/G and LLC agree to share all costs for the design,
engineering and construction of Harpenden Lane, fifty percent (50%) to K/G and fifty percent
(50%) to LLC. It is currently estimated that the design, engineering and construction costs to
4
construct Harpenden Lane with a surface of packed road base will be approximately Forty
Thousand Dollars ($40,000.00) ("Road Cost Estimate").
C. Reimbursement by LLC. LLC agrees to reimburse and pay to K/G one-half of
the Road Cost Estimate or one-half of the actual costs to construct Harpenden Lane to the extent
the actual costs are greater than or less than the Road Cost Estimate, hereinafter referred to as the
"Road Reimbursement." Payment of the Road Reimbursement by LLC shall be made prior to
any use by LLC of Harpenden Lane. LLC acknowledge and agree that they shall have no right
to any use of Harpenden Lane until they have fully paid the Road Reimbursement to K/G.
3. Cost of Paving Harpenden Lane.
The parties currently anticipate that Harpenden Lane will be surfaced with packed road
base. In the event that the development of the LLC Property requires, or in the event LLC
desire, to provide a different surface on Harpenden Lane, including asphalt or paving, LLC shall
be solely responsible for and bear all costs, including labor, materials, equipment and fees, for
the construction or installation of the asphalt/paving or other surface on Harpenden Lane. It is
expressly recognized and acknowledged that the responsibility for LLC to bear all costs for the
paving of Harpenden Lane is partially in consideration for K/G providing and dedicating the land
necessary for the construction of(a) Harpenden Lane and (b) the Water Main Extension. LLC
jointly and individually agree to indemnify, reimburse and hold harmless K/G against all costs,
fees (including reasonable attorneys fees), expenses, damages, judgments or liens incurred by
K/G or for which K/G is found liable as the result of any demand, claim or action against K/G or
Moorea Manor arising from or relating to any labor, services or materials provided by any person
or other entity at the request of, or alleged request of, LLC, or any person associated with LLC,
5
for the resurfacing of Harpenden Lane, except as such is necessary for maintenance of
ztc Pau; mac , P.o4 LA be, p�
Harpenden Lane as set forth below.
6x•oar q1^\ 1—Vs (Jdt(;4lts 1�4ut bee✓ -La.5rig ta� .
trot M\ pwfx&eog .
4. Maintenance of Harpenden Lane. tie)--t3,
The cost to maintain Harpenden Lane to a standard necessary to satisfy all requirements
of Weld County or to any greater standard desired by the owners of Moorea Manor and the LLC
Property and any costs to maintain the Water Main Extension shall be shared on a percentage
basis based upon the number of single family residences that are constructed on Moorea Manor
and the LLC Property. If there is any disagreement on the manner in which Harpenden Lane
should be maintained, the majority, as determined by one vote for each single family residence,
shall prevail. The amount owed by the owner(s) of Moorea Manor and the owner(s) of the LLC
Property shall be determined by dividing the total maintenance costs for any calendar year
(January 1 to December 31) by the number of single family residences on both Moorea Manor
and the LLC Property to derive an amount referred to as the "Shared Maintenance Cost" for each
single family residence. The total amount owed by the owner(s) of Moorea Manor shall be
determined by multiplying the Shared Maintenance Cost for any given calendar year by the total
number of single family residences constructed on Moorea Manor. The total amount owed by
the owner(s) of the LLC Property shall likewise be determined by multiplying the Shared
Maintenance Cost by the total number of single family residences constructed on the LLC
Property. In the event that Harpenden Lane and/or the Water Main Extension are dedicated to
the County, and the County assumes and accepts responsibility for maintaining Harpenden Lane
and/or the Water Main Extension, upon such dedication and acceptance, the owner(s) of Moorea
Manor and the LLC Property shall have no further liability or responsibility for maintaining
6
Harpenden Lane and/or the Water Main Extension, except as otherwise required by Weld
County.
5. Temporary Construction Easements.
Each of the parties agrees to execute and deliver such temporary grants or dedications of
rights-of-way or access, including, without limitation, any required emergency access that may
be reasonably necessary for the purpose of designing, engineering and constructing of the Water
Main Extension and Harpenden Lane.
6. Remedies.
Each and every term of this Agreement shall be deemed to be a material element hereof.
In the event that either party fails to perform according to the terms of this Agreement, such
party may be declared in default by written notice from the non-defaulting party to the defaulting
party specifying the nature of such default and allowing a period of fifteen (15) days from receipt
of notice within which to cure such default. In the event such default remains uncorrected, the
party declaring default may elect to terminate this Agreement and seek damages, treat the
Agreement as continuing and require specific performance and/or damages, or avail itself of any
other remedies at law or in equity.
In the event of any default hereunder by either party which shall require the party not in
default to commence legal or equitable action against the defaulting party, the defaulting party
shall also be liable to the non-defaulting party for all reasonable fees and costs incurred by the
non-defaulting party by reason of such default, including reasonable attorney fees.
7. Contingent Upon Approval of Subdivisions.
This Agreement is contingent upon the approval of the minor subdivision request for
Moorea Manor and the minor subdivision request for the LLC Property. In the event that either
7
or both the minor request for Moorea Manor and/or the minor request for the LLC Property are
not approved, this Agreement shall terminate and become null and void. In such event, K/G and
LLC shall not have any obligations to each other under this Agreement.
8. Severability.
If any provision of this Agreement shall be held unlawful, void and for any reason
unenforceable, such provision shall be deemed separate from, and shall in no way affect the
validity or enforcement of, the remaining provisions of this Agreement.
9. Non-Waiver.
The failure to enforce any provision of this Agreement at any time shall not constitute a
waiver of any right thereafter to enforce such provision or any other provision hereto.
10. Notices.
Any notice or other communication given by either party hereto to the other relating to
this Agreement shall be personally delivered or shall be sent by registered or certified mail,
return receipt requested, addressed to such other party at the respective addresses set forth below,
or such other address as may be designated from time to time by notice given pursuant to this
paragraph; and if mailed, such notice or other communication shall be deemed given three (3)
business days after being placed in the United States mail:
If to Klen and Guttenstein:
Steve Klen and Lori Guttenstein
6909 Shannon Court
Loveland, Colorado 80538
If to LLC:
Weld 45 Acre LLC
9202 South Rockport Lane
Highlands Ranch, Colorado 80126
8
11. Time is of the Essence.
It is agreed that time shall be of the essence of this Agreement and each and every
provision hereof
12. No Third-Party Beneficiary.
This Agreement shall not be construed as creating any rights for the benefit of any
parties, including, without limitation, Weld County.
13. Governing Law.
It is expressly understood and agreed by and between the parties hereto that this
Agreement shall be governed by, and its terms construed under, the laws of the State of
Colorado.
14. Headings.
Paragraph headings used herein are for convenience of reference and shall in no way
define, limit or prescribe the scope or intent of any provision of this Agreement.
15. Construction.
Words of the masculine gender shall include the feminine and neuter genders; and when
the sentence so indicates, words of the neuter gender shall refer to any gender. Words of the
singular shall include the plural and vice versa. This Agreement shall be construed according to
its fair meaning and as if prepared by both parties hereto.
16. Entire Agreement.
This Agreement sets forth the entire understanding of the parties with respect to the
subject matter hereof and may not be changed, except by a written document signed by all
parties hereto. There shall be deemed to be no other terms, conditions, promises,
9
understandings, statements or representations, express or implied, concerning this Agreement
unless set forth in writing and signed by all parties hereto.
17. Binding Effect.
This Agreement and the covenants contained herein shall run with the entire property and
shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
STEVE KLEN . LORI GUTTENSTEIN
DAVID LAWLEY CINDY LAWLEY
5 -7-
ES RICHARD L. PARIETTI
WELD 45 LLC
By:
Name: 1-Lt (Rotmolds
Title: do
10
Jun-27-02 08:b3A roam tnglnoorl ng Inc . on.; 4oz 1 /Stu P .02
CUSTOMER NAME: Klen
WATER MAIN EXTENSION CONTRACT#1
THIS ACREPMINT,made and entered into this I day of /lP , 20 PZ. by and between the
CENTRAL WELL)COUNTY WATER I)IS'FRIC I', hereinafter called the 1:)IS'i.RIC I'.and
Steve Klen and Sori Gullonst•.p hereinafter
called OWNER, WITNESSEIiI:
WHEREAS, I)lSl RICI' has been organized as a legal body and is known as the Central Weld County
water District,and
WI-ILKLAS, OWNERS are taxpaying electors within said DISTRICT, or have petitioned to join said
I)Is•fRICT, and
WHEREAS OWNER owns the following described real property within the service area of the
DI STRICT: (Said property is hereinafter referred to as the Subject Property.)
The S '/J of the NW ''A of Section 2, Township 2 North, Range 67 West of the 6"' Principal Meridian,
County of Weld. State of Colorado, except that portion as conveyed by deed recorded May 22, 1968 in Rook 595
as Reception No. 1516724,together with a portion of the SW '/ of said Section 2,the total being more particularly
described as follows: Beginning at the W 'A corner of said Section 2; thence North 89°28'45- Last on an assumed
bearing along the northerly line of said SW '/ of Section 2 a distance of 150.00 feet to the cue point of beginning;
thence South 00°00'00" East parallel with the westerly line of said SW '/L of Section 2 and along the easterly line
of a 150.00 foot wide parcel for Public Service Company of Colorado a distance of 2'_0.00 feet: thence North
R9"28'45"Fast parallel with said northerly line of said SW '/ of Section 2 a distance of 448.09 feet; thence North
00"00'00" West parallel with said westerly line of the SW `/, of Section 2 a distance on 220.00 feel to said
northerly line ()I'the SW '/, of Section 2; thence North 89°28'45" East along said northerly line of the SW S!4 of
Section 2 a distance of 1990.93 feet to the center of said Section 2;thence North On°51'04" West along the easterly
line of said S '/of the NW 1/4 of Section 2 a distance of 1324.59 feet to the northeast corner of said S 'G of the NW
1 of Section 2; thence South 89°19'02" West along the northerly line of said S '// of the NW '/4 of Section 2 a
distance of 2578.69 feet to the northwest corner of said S '/=of the NW 'A of Section 2; thence South 00°24'11"
Fast along the westerly line of said S 1/4 of the NW !/,of Section 2 a distance of 1167.28 feet to a point 150.00 feet
northerly of said W '/.corner of Section 2; thence North 89"28'45" East parallel with the southerly line of said S 1/2
of the SW 1 of Section 2 a distance of 150.00 feet: thence South 00'24'11"East parallel with said westerly line of
the S 1/2 of the NW '/.of Section 2 a distance of 150.00 feet to the true point of beginning.
WHEREAS. DISTRICT water facilities arc not presently located to service adequately the Subject
Property, and.
WHEREAS OWNER wishes to have the DISTRICT construct water mains to service the Subject Property.
and,
WHEREAS INSIRICI wishes to construct said water mains on the terms and conditions hereinafter set
forth and,
Page 1 of t
.- / e
i '.,
Jun-27-02 08:63A Team Engineering Inc. 970 282 1790 P.03
Water Main Extension Contract$1
WHEREAS. OWNERS are requesting water service by separate tap the agreements and will acquire tij,Y
water Hipps)with meter slit of 5/8 inches from the said DISTRICT, and,
WHEREAS i' islitICT reserves the right and has the authority to consider each extension contract provision
individually,and administer as determined appropriate based on varying conditions.
NOW, THEREFORE. in consideration of the premises and the terms of this agreement. it is mutually
agreed as Follows:
1. Prior to any expenditure or construction by DISTRICT, OWNER agrees to pay, in advance, the
amount of $97,906.05 based on the estimated casts for all material, labor, installation, fees and
other costs directly applicable to the extension. The amount of$97,906.05_is tier the line extension only and does.
not include required tap fees. Taps may he purchased based on capacity available at a later date.
2. OWNER agrees to execute any and all easements needed by DIS'T'RICT at no expense to
DISTRICT. across OWNER'S property for the purpose of installing any pipelines constructed by DISTRICT.
DISTRICT shall be responsible for restoring surface area back to reasonable condition at DIS IRICT cost.
3. OWNER agrees to abide by rates established and the rules and regulations of the DISTRICT.
4. This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado.
5. This Agreement constitutes the entire agreement between the parties with respect to the extension
of the water mains herein described,rand supersedes all prior arrangements or understandings with respect thereto.
6. 'Phis Agreement may only be modified,in writing,by the Hoard ol'Directors of the DISTRICT.
7. This Agreement shall be binding upon,and shall inure to the benefit of,the parties hereto.and
their successors, heirs,and assigns.
iN WITNESS WI ILREOF, the parties have hereunto and hereunder set their signatures the day and year
first hercinabove written.
OWNEIRS SICNATURE CENTRAL WELD COUNTY WATER pISTRICT
(Property Owner)
SiRrkek'{�
]\L.Gr) BY /%///� ,re
Steve Klen /7`"
ATTEST L l+-.. a l
Lori Cuttenste.ln
Page 2 of 2
CEITIMEMINOMMIMIMMlw
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FROM : CINDY LAWLEY
FAX NO. : 3039335535 Oct. 28 2002 09:01PM P2
•
understandings, statements or representations, express or implied, concerning this Agreement
unless set forth in writing and signed by all parties hereto.
17. Binding Effect.
This Agreement and the covenants contained herein shall run with the entire property and
shall be binding upon and inure to thle benefit of the parties hereto and their respective successors
and assigns.
IN WITNESS WHEREOF,'the parties hereto have executed this Agreement on the day
and year first above written.
STEVE ICLEN 1 . LORI GUTTENSTEIN
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ES RICHARD L. PARIETTI
WELD 45 LLC
MONre ‘` By:
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understandings, statements or representations, express or implied, concerning this Agreement
unless set forth in writing and signed by all parties hereto.
17. Binding Effect.
This Agreement and the covenants contained herein shall run with the entire property and
shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
STEVE KLEN LORI GUTTENSTEIN
-. I i°724162 /o/ oa
AVID LA Y C LA
E ES RICHARD L. PARIETTI
WELD 45 LLC
By:
Name: 4t P�MQk5
Title: Mkw?ettn. cc LAX-
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FROM : CINDY LAILEY FAX N0. : 3038335535 Oct. 28 2002 09:01PM P2
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understandings, statements or representations, express or implied, concerning this Agreement
unless set forth in writing and signed by all parties hereto.
17. Binding Effect.
This Agreement and the covenants contained herein shall run with the entire property and
shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns.
IN WITNESS WHEREOF„the parties hereto have executed this Agreement on the day
and
dyyear
�first above�writtteen. :
STEVEIQ.EN . ORIGUITENST
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f.EE ES RICHARD L. PARIETTI
`WELD 45 LLC
..IONT fi ‘, ! By. IGC �izCtMQvs
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