The URL can be used to link to this page

Browse Search

Home My WebLink About20061240.tiff APPLICATION FLOW SHEET COLORADO APPLICANT: Francisco Garcia CASE#: PF-1058 REQUEST: Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space LEGAL: Lot B of RE-3300; being part of the W2NE4 of Section 5, T4N, R68W of the 6th P.M., LOCATION: South of and adjacent to State Hwy 60; 1/4 mile west of CR 5. PARCEL ID#: 1061 05 100053 Acres: 74+/- Date By Application Received 11-18-2005 South/JH Application Completed 11-18-2005 KO Referrals listed Utility Board: January 12, 2006 Action: CL,nikla,7 - // � File assembled (ZI (LE_.) Url Case logged in computer Letter to applicant mailed Referrals mailed � \ Field check by DPS staff Administrative Review decision: „4 �„`_4& Board of County Commissioners hearing Of applicable) Date By County Commissioners Collateral Hearing Date Plat Recorded and Filed Recorded Plat sent to Applicant Overlay Districts Zoning PUD: Estate MUD Yes No Z IGA Yes - No Z_ Airport Yes • No Geologic Yes No_Z_ Flood Hazard Yes No Panel #080266 0637 C Road Impact /< / 78 2006-1240 g ;;;;N:: DEPARTMENT OF PLANNING SERVICES 3 NORTH OFFICE 918 10TH t GREELEY, CO 8063 80631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970)304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 November 19, 2005 Francisco Garcia 1959 Blanco Ct Loveland CO 80538 Subject: PF-1058- Request for Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space on a parcel of land described as Lot B of RE-3300; being part of the W2NE4 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 being processed. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, January 12, 2006, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10th Street, Greeley, Colorado. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Johnstown Planning Commission for their review and comments. Please call Johnstown at 587-4664 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission meeting to answer any questions the Commission members may have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application within sixty (60)days. If you have any questions concerning this matter, please call. Respectfully, Kim Planner FIELD CHECK inspection date: April 22, 2005 APPLICANT: Francisco Garcia REQUEST: Change of Zone from A(Agricultural)to PUD with Estate uses for eight(8)residential Lots, one (1) Lot with Agricultural Zone Uses along with 11.2 acres of Common Open Space (Las Haciendas PUD) LEGAL: Lot B or RE-3300; pt of the W2NE4 of Section 5,T4N, R68W of the 6th P.M.,Weld County, Colorado LOCATION: South of and adjacent to State Hwy 60; 1/4 mile west of CR 5 Zonina Land Use N A(Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Residential - S A(Agricultural) S Agricultural / Residential W A(Agricultural) W Agricultural COMMENTS: Rural residential with large lot estate style homes on large tracts of land is the general character in the vicinity. The tract of land for Las Haciendas PUD is presently constructed. The utilities are pulled, hydrants are in place, the road layout including appropriate right-of-way is bladed and pitched to drain. There is an existing residential structure on the South side of the ditch that is under construction. One well head and no tank battery is present. An irrigation ditch bisects the property. The site is basically "clean"with few non-commercial junkyard components. Ogle, Planner PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT It/AMOUNT# /$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number t O 6 t - 0 S - 1 - 0 0 - O S 3 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Indude all lots being included in the application area, If additional space is required,attach an additional sheet) Legal Description Lf 11 ?cc.. no. tOL t- S'-t R1—sle?Section S , Township `{ North, Range 68 West PropertyAddress(If Applicable) tboz 'cosi to rt,r -+ , t&to : o' ibis , !sic, (r-jesfc L,. Existing Zone District : A5. Proposed Zone District: Es+Jft9 Total Acreage: —1`} Proposed#/Lots q Average Lot Size: C.33 Minimum Lot Size: 3.4 Acres Proposed Subdivision Name: Las 1-1-ac-,e s " Proposed Area (Acres) Open Space: I (. Are you applying for Conceptual or Specific Guide? Conceptual Specific FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: Fr&v'.ci 5 c e C 4J-ct,ti Work Phone#(R7w5tc-vq 5$ Home Phone#(AZo) qt./- 19'r1 Email Address Address: t 1 P (j,Q,,„c„, u-. City/State/Zip Code Love-(4 .d , (0 . $O538 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Sa ,,1e Work Phone# Home Phone# Email Address Address: City/State/Zip Code UTILITIES: Water: L;- i-r i I.»._ pc... Ot',(-. Sewer Pr; Ja+t I t..d ;✓, d,,4..n-p I co„� t lkp� t(�CYz Gas: Cvre-L [ "c--5 Electric: PO IA.Arc_ VaA.tc._ (74k Phone: (3+.i cst ro+1 m .._,,,.; r ._f-i a.• 3 DISTRICTS: School: T1.,>, rs St-Loa t Dist 22—?- Fire: r�t-r'f't- ..,rl re- D c :�4-m�...�- Post: LISPS � rrc14. ,G 1 I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned, hereby request the Department of Planning Services to review this PUD Fina - request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning Final Plat for the above described unincorporated area of Weld County, Colorado: rf Or' Signatur . Owner Authorized Agent Date Signature: Owner or Authorized Agent ASS August 25, 2005 Garcia PUD II: Las Haciendas Lot B of RE 3300; pt of the W 2 NE A of section 5, T4N, R68 of the 6 P.M. Weld County, Colorado #PZ 1058 Parcel# 1061-05-100053 This statement is threefold it aims to (A)indicate that the proposed PUD final Plat described above is in compliance and meets all criteria as set forth in the change of zone. (B) Demonstrate a detailed description of the uses on site. (C) Demonstrate how the Specific Development guide has been followed and adhered to. The Specific Development Guide component I addresses the environmental impact. It lists 18 specific issues to be addressed. All applicable issues have been addressed. Referrals for all these issues and their solutions are on file. Specific plans,where appropriate, are included in the change of zone application. All service provision agencies have been contacted. Referrals,agreements, contracts, analysis, and/or reports are on file for all agencies. Adequate sewage disposals will be installed in individual lots as reported by Eagle Engineering on March 15, 2005. Report is on file. A landscaping plan is included with application. 11.2 acres have been designated to non- build able open space. Landscaping will focus on complimenting the established plant species. Efforts will be made to retain native grasses. Drought, tolerant vegetation will be strongly considered in order to conserve water. There are two features unique to the site: A ditch which bisects the site and an oil well. Both contracts/agreements are on file. The ditch will be labeled clearly as private property and will be posted"no trespassing". The oil well will be fenced, locked, and posted to avoid any tampering. Owner has agreed to remove any contaminated soil due to oil well. Ditch will continue its normal use. A home owner's association will be established. A copy of the covenants is included with the application. Open space development will proceed at the rate of residential construction and probably sooner. Onsite improvements agreement is included with the application. There will be one road in the development, it will be a county maintained road named "Celeste Ln". All signage will comply with section 27-16b of the County Code. Final mad plan is included with the application. The proposed site is not in a MUD area. The proposed site is not influenced by an inter-governmental agreement. URJI rumm..v. - - - COLORADO DEPARTMENT OF TRANSPORTATION 403106 SH/S/MP STATE HIGHWAY ACCESS CODE 60A/002.610/R Local Jurisdiction NOTICE TO PROCEED Weld County Permittee(s): Applicant; Francisco Garcia,Jr. Francisco Garcia,Jr. 1959 Blanca Street 1959 Blanca Street Loveland,CO 80538 Loveland, CO 80538 970-566-4958 970-5664958 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. None Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title A fl Date (X) - Asst kcces5 i/a-+/e3 Copy Di ibu ion:Required 1. Region Permit files 2.Staff Access Section. As needed:Local Author' , TCE Patrol, Inspector Form 1265 8/98 • mmimmetAN C'-a7f_lilt iillifillianiennerten State Highway No/Mc/Side 60A/002.610/R Permit fee Date of transmittal Region/Sectlon/Patrol Local Jurisdiction 100.00 11/21/2003 04/01/05 Weld County The Permittee(s); Applicant; Ref No. 2003 Francisco Garcia,Jr. Francisco Garcia,Jr. 1959 Blanca Street 1959 Blanca Street Loveland,CO 80538 Loveland, CO 80538 970-566-4958 970-566-4958 Is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal Injury or property damage sustained by reason of the exercise of the permit. Location: The access is located on State Highway 60,a distance of 3,196 feet east from Mile Post 2 on the south/right side. Access to Provide Service to: Single-Family Detached Housing 9 Each 100.00 % Other terms and conditions: • See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. • The development of these 9 lots must not Increase surface run-off to the state hiahwav right-of-way beyond the rate historically accented. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Rusty Lowe with the Colorado Department of Transportation in Loveland at 970-667-4650 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the penmittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permlttee �J �/ Date (x) /�-- I (/()_I/0 3 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By _ L , ^ Date(of issue) Title (x) )0:1 1A. 1�K , I CC i ( o / �j Assistant Access Manager Copyn: Required: Make co ae any for Previous editions are obsolete and may not be used 1.Reglon Local Authority Inspector CDOT Form#101 8/98 2.Appticant MICE Patrol Traffic Engineer 3.Staff Access Section NOV-1A-2005(MON) 16: 54 Mersner Engineering (FRY-1970 663 0368 P. 002/002 Engineering, Inc. Project No. GRD-498-04 November 14, 2005 Planning Department Weld County 918 10th Street Greeley, Colorado 80631 Rc: Las Haciendas-P. U.D., Weld County, Colorado (Case No. PZ 1058) The utilities that arc to serve the subject development are: Water Service - The Little Thompson Water District provides water service to the site from a ten- inch diameter water main located along the southern side of Colorado State Highway 60. An eight-inch diameter water main has been extended along Celeste Lane and to the eastern boundary of the site. Two fire hydrants have been located on Celeste Lane to provide fire protection for the development. Water service has been extended into Lot 9 to provide service to the home constructed on that lot. Sanitary Sewer Service-Individual on lot sewage disposal systems are to be utilized on each lot. The individual disposal systems arc to be designed for the specific use and the location of the system on each lot_ Electric Service- Electric service for the site is provided by Poudre Valley REA. Electric service is to extend along Celeste Lane to provide service to each lot. Poudre Valley REA will provide all design services related to the installation of the electric service system. Natural Gas Service-Natural gas service is provided by Xcel Energy. The gas service line is to he extended along Celeste Lane to provide service to each lot. Xcel Energy will provide all design services related to the installation of the natural gas service system. Telephone Service -Telephone service is provided by Qwest Communications. The telephone service line is to be extended along Celeste Lane to provide service to each lot. Qwest Communications will provide all desibm services related to the installation of the electric service system. We sincerely hope that this addresses any questions you may have with regard to the utility service for the site. If you should have any questions, please feel free to contact this office. rumen Resp> �� submitted, kp0 REG/� ME SNF Engineering, Inc. l.•'••; •'• •9s Os: s Leekt 47.1 Dennis R. Messner,President �` .• , Civil Engineering Consultants 150 E. 29th Street, Suite 270 Loveland, Colorado 80538 (970) 663-2221 reo. If. /UU9 9:U9AM XC FORI COLLINS No. 6849 P. 1 7 Xcel Energy. PUBLIC SERVICE COMPANY 1901 East Horsenooth Road Fort Collins,Colorado 80525 Feb, 17 2005 • Mr Caude Garcia 2044 Burbank Street Berthoud,Co.80513 Regard9ng: Gas service to Las Haciendas/Haciendas Builders. This letter is to inform you,Xcel Energy will be able to provide gas service to proposed Las Haciendas Sub/ in accordance with Company's Gas Line Extension Policy on file with the Public Utilities Commission of the State of Colorado. Please feel free to call if you have any questions regarding this matter. (970) 225-7810. Sin eiy, Rocky Caivano Jr. 2-23-05; 9:30AM;The CMG at Oldest ;3034513205 # 2/ 2 Will Serve Qwest 23-Feb-05 8:30:06 AM Communications 12121 Grant Street Room 201 Thornton, Colorado 80241 Mourhess,Cathy L Tracking # 2562 SUBJECT: Telephone facilities to planned/proposed development. Atm: HACIENDA BUILDERS FRAN GARCIA 1959 BLANCA COURT LOVELAND CO 80538 970-532-7275 Qwest will provide service to your planned/proposed developement: . GARCIA y t. f 2'- TF i� t- �>'r f t Y .i �.4 aim 7,,, - 3 `_ _ _i� 3i �3 .1:; `; ,. t F_T1�u_ ==nt.i - _a _:r 6 4N I 68W I 6TH WELD 774.1i----_ ., i —zF„r2- tWa ?1 —sd_.,s,7. =,.1 ,.a._A;. r.. _ 11(rs t3a.Y'- = r,i:--'�T.�3>. l.z:it Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission. I will need a final plat with measurements, easements,addresses,your phasing plan,and a trench plan before I can have this engineered. If there are any further questions, or if I can provide any assistance, please contact me. urhes , l ethy L (303) 451-4835 (LDA Coadinale (Phone) Sincerely -CONTRACT FOR ELECTRIC SERVICE The undersigned (hereinafter called the "Applicant") hereby applies for electric service from Poudre Valley Rural Electric Association, Inc. (hereinafter called the "Association")upon the following terms and conditions: 1. GENERAL a The Applicant will, when electric energy becomes available, purchase from the Association all electric energy used on the premises described below and will pay for at the applicable rates and terms in accordance with the'Schedule of Rates for Electricity and Rules and Regulations'(hereinafter called the'Rules and Regulations)as may from time to time be filed with the Public Utilities Commission of the Stale of Colorado by Poudre Valley Rural Electric Association.This contract shall continue in force for a minimum number of years as specified in paragraph 4(c)below from the date service is made available hereunder and said contract shall be automatically renewed on a yearly basis until cancelled by at least thirty(30)days written notice given by either party to the other,at the addresses specified herein. b. The minimum monthly or annual charge for electric service.regardless of the kilowatt hours consumed,shall be the higher of the following charges: 1) The minimum specified in the applicable rate schedule,or • 2) One and one half percent(1 Ye )of the Association's investment per month or eighteen percent(18%)of the Association's investment annually, based upon the actual estimated cost of constructing and installing the line extension and facilities necessary to supply the service,or c The transformer charge specified in the applicable rate schedule. No agent or representative of the Association has the power to amend, modify, alter or waive any of the provisions of the terms of this contract. Any promises,agreements,or representations made by any agent or representative of the Association not herein set forth shall be void and of no effect b. Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association. This contract will not alter the terms of any other contract between the Applicant and the Association. 2. RESPONSIBILITY a. The Applicant will sign separate Application for Service on a form provided and will comply with the Rules and Regulations of the Association. b Failure on the part of the Applicant to accept service from the Association or to comply with the Rules and Regulations of the Association,or to perform under the terms and conditions of this contract,shall not relieve the Applicant from making all the payments and performing all the conditions set forth in this contract. In the event the applicant becomes delinquent in any payments,the applicant will forfeit all construction deposits therefore made,and the Association shall have the option to declare all of the remainder of the payments due under this contract immediately due and payable. The Association,at its option and without further notice,may remove all or pan of the facilities. c The Association may record this instrument in the office of the County Clerk and Recorder in the County in which the real estate is situated. d This agreement shall be binding upon the surreccors.legal representatives heirs,devisees,and assigns of the respective parties hereto. e The Association shall use reasonable diligence to provide the Applicant with a constant and uninterrupted supply of electric power and energy;but if such supply shall fail or be Interrupted or become defective through acts of God,or the public enemy,or by accident,strikes,labor troubles,or by action of elements or inability to secure rights-of-way,or other permits needed,or any other cause beyond reasonable control of the Association,the Association shall not be liable therefore. 3. RIGHTS-OF-WAY a. The Applicant hereby grants and conveys unto the Association the right privilege and easement to construct,operate and maintain the facilities together with right of ingress and egress,including the installation of Association owned locks and/or IocA boxes,etc.,as may be necessary to extend,maintain and operate this service. b The Applicant hereby gives to the Association without cost or expense the further right and privilege to cut and trim any trees or shrubbery near said overhead lines supplying the Applicant.so that adequate and proper service may be extended hereunder. c The Applicant further agrees to assist in obtaining needed rights-of-way that may be required to provide service hereunder. d. The Applicant acknowledges that he/she has been instructed to disclose locations of underground obstructions.The Applicant agrees to indemnify the Association against loss or damage to underground property of the Applicant or to underground property of others on the Applicant's property. The Association will use reasonable care in locating and digging holes or trenches for poles, anchors or under-ground service but will not be responsible for damage to sewers, water lines or other underground facilities if the exact location of such underground property can not be determined before construction begins. 4. CONTRACT PROVISIONS a. Service will be rendered at the Association's standard voltage. The Association's meter shall constitute the point of delivery to the Applicant and the Applicant will own and maintain all poles.wires,equipment and other facilities beyond the point of delivery. b Service to be furnished under this agreement is to be delivered at a mutually agreed point on the Applicant's premises described below: Legal Description: Located in Quarter of Section 5 Township 4 N.Range 68 W.of 6m P.M.in the County of WELD further described as GARCIA 2"a P U D LOVELAND. COLORADO SERVICE ADDRESS: X I BUILDING PERMIT NO.: X c This contract shall continue in force for a minimum of ONE years from the date service is made available. d. Type of Service: ( )Permanent (X)Indeterminate ( )Temporary Describe. 120/240 VOLT,200 AMP SERVICE WITH METERS LOCATED ON PEDESTALS FOR 9 LOTS. PROPERTY OWNERS WILL FURNISH ALL BREAKERS IN THE METER PEDESTALS. Maximum KVA 50 Horsepower WA (X) Single Phase ( ) Three Phase ( ) Overhead (X) Underground e Applicable Rate Schedule A-03 f. The Association hereby acknowledges receipt of the following consideration paid by the Applicant In accordance with the applicable Rules and Regulations: 252.20 Ledger Acct.No. Amount Due:$ 35 647.00 Refundable Yes( ) No(XI Ledger Acct.No. Amount Due.$ _ Refundable Yes( 1 No( Conditions.THE ASSOCIATION SHALL INSTALL,OWN,OPERATE AND MAINTAIN THE UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES TO PROVIDE ELECTRIC SERVICE TO EACH OF THE 9 LOTS IN THE DEVELOPMENT_-THE TERMS OF THIS AGRUFMFNT SHALL APPI Y TO 9 LOTS OF THEDEVFI OPMENT. SAID AREA BEING BOUNDED BY RED ON THE PLAT ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF. THE APPLICANT WILL PAY THE ESTIMATED COST OF THE FACILITIES,NOT TO EXCEED$35,647.00. PLEASE NOTE THE LOCATION OF OUR STAKES, AND ADVISE POUDRE VALLEY REA OF ANY UNDERGROUND OBSTRUCTIONS. Social Security Number APPLICANT(S) N/A F AND GLANDS, LLC Deta(a)x//�7��C •-4Z Owner X SIGNATURE(S) (XI Yes ( )No x Title(s)X Prone Number ADDRESS 1959 BLANZIA COURT 970-5664958 Agreement for Water Extensions This Agreement made and entered into this a 3A day of Al/VWz-i AY- ,200 if by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and —/Z-#7,el-cSt-O anC[a4 hereinafter called"Customer",is upon the following terms and conditions,to-wit: 1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be established,or as hereinafter established. The Customer is either a taxpaying elector within the District,or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the"property"described in this Agreement. 3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction. C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of all liens and encumbrances, and the Customer shall finish sufficient evidence of title or a"Form 100"title policy if required by the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities. The District,upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees,on the date of installation of a tap and water is available for use at the tap. 5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said property. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct, operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the Customer shall forfeit all money or rights theretofore transferred to the District. 9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines,cut streets, alleys and easements to final grade and prior to the paving of streets, and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps herein described. 12. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit herein provided for the amount of its expense and return the balance of such deposit, if any,to the Customer. Customer agrees to pay all expense incurred by the District in excess of such deposit. LTWD Form 210 13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described, the Customer agrees to sell to the District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District, but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property, and each tap shall not exceed 3/ inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not encumber,mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war,riot,insurrection,Act of God,or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend,modify,alter or waive any provisions of this Agreement. Any promises, agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees,rates, tolls,penalties, or charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens. §32-1-1001(1)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and consequential damages, loss of revenue,attorney fees,court costs,expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person. IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written. LITTLE THOMPSON WATER DISTRICT CUSTOMER By: By: r/ZirJuS Lo .47ZCi.4 Z77 , Mailing Address: I9 31 l'LtI.<14( eT . Ratified by LTWD Board of Directors on: LtrilFL414 Ca ASS Telephone: 4!7 v- y(i( - 7 37- I.) Real Estate Description for Agreement("Property"): P. , 2.) Amount of Deposit: $3.) Date Customer needs facilities: Ar�/ni/tt 4.) Number of Northern Colorado Water Conversancy District units transferred to District: I I.2- 5.) Price per unit of Northern Colorado Water Conservancy District water: ail t OOO 6.) Tap Size: 5/8 x%inches. 7.) Number of taps to be installed: 9 8.) Plat Provided? K Yes No 9.) Number of new fire hydrants: 2 10.) Fee for hydrants: $ 41 Z#ct LTWD Form 210 (Revised May 1986) Page 2 of 2 LITTLE '1 EIOMPSON WATER Dh31 RICT DIRECTORS: Telephone(970)532-2096 Robes Boggiou .President July 19, 2004 7:5•7.;,./ Dn Anderson. 835 E Highway 56 Keith Croonquist P.O.Drawer G Richard Macomber Berthoud,Co 80513 Dave Lorenz. wwwjtwd.oeg Carey 1.Salomonson. Men Sauer MANAGER. Richard HH.white. Francisco Garcia 1959 Blanca Ct. Loveland, CO 80538 Dear Francisco: This letter is in response to your request for a water service commitment for up to 8 additional residential lots, in the location described as follows: PORTIONS OF N 'A, SEC.5, T4N,R68W-- WELD COUNTY, CO RE no. 1061-5-1 RE-3300 The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 10" diameter water line located along Hwy. 60 with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. Little Thompson Water District requires you to transfer 1.4 shares of Colorado Big Thompson water for each lot in the commitment and then to pay for the rest of the tap fee as the water lines are put in service. You then have the taps to sell with the lots at the price that you set. 3. If a fire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that needs to be paid prior to installation of the fire hydrant. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your subdivision. 4. In order to provide the required flows to the subdivision you will be required to install a minimum 6" Diameter water line from the 10" line with a loop through the subdivision. Several options exist for the looping of your project. The best option may be to work with the project East of yours to connect both projects. 5. You will be required to provide the needed water lines in the proposed subdivision. 6. The design, installation and total cost of the project will be the responsibility of the developer. This commitment letter will expire two years from the date of this letter if the taps have not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $25,700. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE, WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions,please contact me. Regards, ichael T. Cook District Engineer AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: Parcel Number - - - - (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: Title: The foregoing instrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: Notary Public -16- LIST OF MINERAL OWNERS AND MINERAL LESSEES (Garcia) Subject Property: Township 4 North. Range 68 West, 6th P.M., Weld County, CO Section 5: Lot B of Recorded Exemption No. 1061-5-1-3300, being a part of the WANE% Crews Zeren, LLC, an oil and gas 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 same were verified at July 26, 2005. A photocopy or facsimile of this list shall for all purposes be a valid as the original hereof. Dated this 5`" day of January, 2005. CREWS & ZEREN, LLC y: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Francisco Garcia Magpie Operating, Inc. 1959 Blanca 2707 So. County Rd. 11 Loveland, CO 80538 Loveland, CO 80537 Crews d'Zeren,LLC Mineral?itke Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's 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, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's 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 attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral 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, including 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 6'Zeren,LLC MinerafTitke Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 fax,(970)351-0867 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: Parcel Number - - - - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, 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 property(the surface estate)within five hundred (500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30)days prior to the date the application is submitted to the Department of Planning Services. By: Title: The foregoing instrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: Notary Public -15- AFFIDAVIT OF INTERES') LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 106105100053 THE UNDERSIGNED, 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 Internet 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 County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 106105100053 PARCEL NAME MAILING ADDRESS IDENTIFICATION # 1850 E HWY 60 BEEMER FAMILY TRUST 106105000050 LOVELAND,CO 80537 1712 STATE HWY 60 CURRY DONALD O & 106105100052 LOVELAND,CO 80537 6933 SEDGWICK DR KROSS BURTON C & 106105200055 FT COLLINS,CO 80525 925 N COUNTY LINE RD LARSON IVAR W & #1 DONNA M 106105000038 BERTHOUD,CO 80513- 9272 LARSON IVAR W & 925 N COUNTY LINE RD DONNA M #1 106105000039 http://maps.merrick.com/website/we1d/setSgl.asp?cmd=buffer&PIN=106105100053&Paz l=... 9/6/2005 AFFIDAVIT OF INTERESTF^LAND OWNERS Page 2 of 2 BERTHOUD,CO 80513- 9272 925 N COUNTY LINE RD LARSON IVAR W & #1 DONNA M 106105000040 BERTHOUD,CO 80513- 9272 925 N COUNTY LINE RD LARSON IVAR W & #1 DONNA M 106105000041 BERTHOUD,CO 80513- 9272 1756 HWY 60 OLSON DENNIS L 106105000019 LOVELAND,CO 80537 3555 STANFORD RD #204 TWIN VIEW ESTATES LLC 106105200057 FORT COLLINS,CO 80525 3555 STANFORD RD #204 TWIN VIEW ESTATES LLC 106105400053 FORT COLLINS,CO 80525 http://maps.merrick.com/website/weld/setSgl.asp?emd=buffer&PIN=106105100053&Paz 1=... 9/6/2005 1111111 III 1111111 III IIIIII IIII1111111 III 1111111111111 4� 2985416 09/06/2002 02:21P Weld County,CO 1 of 1 P 6.00 0 64.00 J.A."Snk"Tsukimloto WARRANTY DEED THIS DEED, Made this 30th day of August , 2002, between Dr. James H. Gentry, III and John G. Clagett and Sheryl R. Richeson and Thomas D. Clagett ofthe County of Larimer and State of Colorado , grantor,and Francisco Garcia .1/4./whose legal address is 1959 Blanca, Loveland, CO 80538 of the County of Larimer and State of Colorado ,grantee: WfTNESSETH,That the grantor,for and in consideration of the sum of SIX HUNDRED FORTY THOUSAND AND NO/100 -DOLLARS.($640,000.00 ), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these presents does grant,bargain,sell,convey and a,nfirm,unto the grantee,his heirs and assigns forever,an the real property together with improvements,if any.situate,lying and being in the County of Weld ,and State of Colorado, described as follows: Lot B, Recorded Exemption No. 1061-5-1 RE-3300 located in the West 1/2 of the Northeast 1/4 of Section 5, Township 4 North, Range 68 West of the 6th P.M. according to the Map recorded August 28, 2002 at Reception No. 2982236, County of Weld, State of Colorado also known by street and number as vacant ground, Loveland, Colorado 80537 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining.and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has goad. 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 the same are free and clear from all former and other grants,bargains,sales,liens,taxes.assessments. encumbrances and restrictions of whatever kind or nature soever.except for taxes for the current year,a Ike but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a[Title Review),of the contract dated April 18, 2002 ,between theparties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to aft genders. IN W WHEREOF,the rancor has executed this deed on the date set forth above. Y)!/'J John Clagett G pp J s pp GGen , III JRBmyea Genttr II, torney-in-fact S�iery Richaso • 'Pnoma D. (: a �t By: /� By: Af James . fie try, III ttorney-in-fact James entr , III Attorney-in-fact SPATE OF COLORADO ) )at. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 30th day of August , 2002 by Dr. James H. Gentry, III,Jameg H. Gentry, III as Attorney-in-Fact for John G. Clagett,James H. Gentry, III as Attorney-in-Fact for Sher 1 R. Richeson and James H. Gentry, III as Attorney-in-Fact for Thomas D. C My Commission expires: August 4, 2 _, . fine: my hand and attic' . `Y pUe /. ///;-'f� t Notary Pub' J `T �•:(1 Janet R. Jones WARRANTY DEED(for Ph"togrepak Recant)(.�\a a4w JC)NES is Nlea LRI%06sm SKLD CH 170.88.218.106 WE 2985415-2002.001 `W:zc-si°r 914 111111111111ili11111111III111111$1111I11111I11II11101 3269914 03118/2006 03:54P Weld County,CO 1 of 2 R 11.00 0 0.00 Steve Moreno Cleric&Recorder QUITCLAIM DEED -I THIS DEED,dated February 28, 2005 between Francisco Garcia ! of theCity of Lovelat.Bounty of Larimer and State of Colorado ,grantor(s).and F&G Lands, LLC whose legal address is 1959 Blanca Court, Loveland CO • of the City of County of Larimer and State of Colorado , grantee(s). Loveland WITNESS,that the grantor(s),for and in consideration of the sum of ten dollars00/100 —DOLLARS I the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,and QUITCLAIMED,and by these presents do remise,release,sell,and QUITCLAIM unto the grantee(s), heirs, successors and assigns,forever,all the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with improvements,if any,situate,lying and being in the City of Loveland County of Weld and State of Colorado,described as follows: i! • Lot B, Recorded Exemption No. 1061-5-1 RE-3300 located in the West 1/2 of the Northeast 1/4 of Section 5, Township 4 North, Range 68 West of the 6th p.m. accoraing to the Map recorded August 28, 2002 at Reception No. 2982236, County of Weld, State of Colorado. I ' I II I I li I I rtilArt Colorado Community Rank of Loveland I' Thompson Valley Towne Center 1050 Eagle Drive eltnen"City and"where applicable. I nveland.CO 80537 . No.75f.Rev.leg. QUtrrLAmr GEED SKID CH 170.88.218.106 WE 3269914-2 0 05.001'b'•dfO1^p"m°^'ng.wm-5-P1 ... w Y i N ! ! ill i , I dill! {t!' `!{T! 11 14;3 'I J It ill FL 'i ]1'j! J ii !f ', i i hilt# 1 Mir li#!llit I ai I/i-"P-"PIP- .• -- ` . ?, ii• :, I i -ii se, elf, I #iNt 11111111 t k ill fi!iati!1i ' 11111 1 III ! � ! : ;�i� is {'� III ,_Hi` ,i:, I , ."!. I i, 1! I. i i. m rill '' ! l° i}imiii!" of , `i: 4i,I E i i t'3 nil ! ! } ,•' a :,ii" } F i 1!4 'J , : ,tt ti i -:. `' it;t 1" I; ' # el I#( ;Iiii II: f t PM(!wig 111'1 ill pi ERA ilii}ii ►mill o - � • ! {,i,l�;lia t pi 1J ii •T•11 I II lift L i}JI •g1t !t•'i it#tl;i iif ,�+.„...1}m.xao).?\ ;i O i ill MT. L#ii:tit='#Jil1 ill '; {ht!, , I,i r! ! i! I „tilii,i ii,t IFi !milli]it i.il i T i Ilii� tt3 _ �'/, .Lo 4 id gl; E e a $i I! 1 y; itdl Q - � I�4 { "4 ti I _ !fill -- Pb :' 1-0 O i s PI / _i: `+ InoTu'oaw 214.25' - iY l�I��1 m : ..1 1, 13i4 I/ I 1, �-I,pTt!'1,'f „.t.,l'+L + r ' sarzsoa a za,a.�e ! III+i . F Rr i , , 8 ++ ig � mw4�r .^y,� L H CO 1 O $ 8 o I�� I i4 5 3 u 'HI `"4 il ,to) , . .v— Iili� ` ti ,. N \ i Y NI��I it �t t }O Oilt$ };1x I x I F..-•ir.i . #i N I } , a i i I 3oN i1 M R,, cb a!Jo igiii I '41 i N y �r-a;I '3.i.;of sI1 „ `i "Sip 3 3 ; :§«ii{+{Ss. 1u N cc-iii 81 t a i - 'I t I j � llill �� o Wx i ! s ,I „ts 061,, I N lam{,x �I.a`._ I -_1..—SOTi3'OOt�- may' Oo .I tsa al ; '� �' k'8 S t2 / k 4t ...„ M l I r �" I E"'4 � - >n,. 88 !F i( I r{ R ,smi NOM , J �, Ie I_ hi R� P t S R r w co L. . W ¢ sx 411 /// tit i 1,1.+1 I It �iI u. I MI R_ m,m,.� .,., if 1}I :Ili i llSI•k1 I . ,ii / jr, I sl-i si 41 +� =i it Ili 11 �ry1 I "*1" „14,' •nn 30750'7+ 35,a.,a• I U4 ,, Q '. iI ?€ GY tt' #�i I '':1 1 shit >q tlsk ii `,, , s �,#J i ii >i E , ,' I �� ;!i ii., I-1 sslit] a 111 j;' iI9i iEd iu,i iii , i k I } i _--l •ie ' er } f , ,t +i i,I i i'' z ell iii Ili, ,i1; yyy j( $ ≥i ;} ,y. � Ir gyp'i'.. ► F's III P.; lil I;, f' 4 I }j f ' 1 p b. �' FJ4 ;4 t `A 1� i le. J _ �,J dot n :.' i�! i ! 00 al. ;lilt lei 0 •I ! I lid i .1 . I i ! �` Iii ;f aF ;l a 4t� J i N i g i III>i± tt� It it it ft j! i ,t. P.il_' I ddl�i k f:i t _.,I I ,II itt ,It t ,9 t tt i i'll's!I i I"'o • ® J C' i' $ 4 Iii __ I" 5 6 1101 4 R 1.0004p OO Stave Morn° Mirka Recorder AGREEMENT This Agreement(the"Agreement"),is between THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY, a Colorado mutual irrigation company ("Ditch Company")and FRANCISCO GARCIA,1959 BLANCA,LOVELAND,CO 80538 AND F&G LANDS,LLC,a Colorado limited liability company,1959 BLANCA,LOVELAND,CO 80538 ("Landowner"),and is upon the following terms: 1. Subdivision and Ownership. Landowner is the owner of all of the property known as the LOT B,CORRECTED RECORDED EXEMPTION NO. 1061-5-1 RE-3300,being a portion of the West Half of the Northeast Quarter of Section 5,Township 4 North,Range 68 West of the Sixth Principal Meridian,County of Weld,State of Colorado.[Assessor's Parcel Number 1061051000531. There are two ditches on said property and this easement applies to both ditches,a copy of which is attached hereto as Exhibit A (the "Subdivision"). Landowner represents and warrants that Landowner is, on the date of execution of this 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 lienholders by signature on this Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lienholders shall cause Landowner to be in default under this Agreement. 2. Background and Purpose. 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 the granting of its approval through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement among the parties. Landowner shall promptly reimburse or pay directly all of the Ditch Company's engineering and legal expenses incurred in the negotiation,administration and effectuation of this Agreement. Landowner agrees to pay all of the other fees and expenses provided for in this Agreement. 3. Ownership and Administration of Ditch Company Stock. Landowner owns one assessable share of the Ditch Company which has historically been used to irrigate for agricultural purposes the Subdivision. Landowner desires to continue to have the Subdivision and open space areas irrigated by water from the ditch of the Ditch Company. Landowner shall obtain all necessary approvals to be able to use such water for such purposes. If fee title to all or any portion of the Subdivision is conveyed by the foregoing named persons (Landowner) to any successor, then Landowner shall forthwith assign the stock certificate for the share of the Ditch Company's stock to a non-profit corporation which shall be a subdivision homeowners association with its membership limited to owners of property within the Subdivision(the"HOA"). The HOA shall be required to pay the annual assessment on the stock of the Ditch Company and for the annual assessment of the lateral ditches that serve the Subdivision;and the HOA shall have the power to assess its members on a proportionate basis for such assessment and such HOA shall have a lien on the property in the Subdivision. The HOA shall designate one person to be the liaison with the superintendent(ditch fn.C 0OLPH W.STARR P.O. Page I Attorney at Law The Palmer Gardens ;50 East 2Dth Street,Sub 288 P.O.Box 842 Loveland,Colorado 80530 Weld - 3161576-2004 Page 1 of 14 111111111111 IINI li��ii 11111 l�ii iii�ii�III iii�i��(�� 3161576 03/12/2004 04:02P Weld County, CO 2 of 14 R 71.00 D 0.00 Steve Moreno Clerk& Recorder rider) of the Ditch Company. The liaison shall be the sole contact with the superintendent concerning ditch matters including,but not limited to,orders for water,ditch maintenance,and ditch stock assessments. The HOA's representative shall be legally authorized to represent the HOA and its members with respect to any matter concerning the Ditch Company;and no individual property owner in the Subdivision shall have any right, title, claim or interest in, to or with the Ditch Company, the ditch or the water in the ditch. Prior to such conveyance of title by the foregoing named persons to any successor,Francisco Garcia shall be the sole person entitled to act on behalf of Landowner under this section of the Agreement. In the event that Francisco Garcia is unable or unwilling to so act, then F & G Lands, LLC shall designate a successor to act on behalf of Landowner under this section of the Agreement and such successor shall be designated in writing and written notice of such successor shall be delivered to the Ditch Company forthwith. 4. Ownership of Ditch Company Property Rights. The Ditch Company has a right- of-way for its TWO ditches and appurtenant facilities described on the plat attached hereto. Landowner recognizes and confirms said ownership of the Ditch Company. Landowner agrees to execute an easement in the form of Exhibit B attached hereto to have the Landowner confirm and convey the property rights of the Ditch Company. The easement shall be recorded at the expense of the Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company an exclusive easement for the Ditch Company's irrigation ditches and appurtenant facilities as shown on the recorded survey plat of the Ditch Company's system together with rights of ingress and egress for Ditch Company purposes over and across the Subdivision. The width of each of the ditch easements is 100 feet,being 50 feet on each side of the centerline,and additional easement will be required,if necessary,to obtain a minimum of a 25 foot strip on the top of the bank on each side of the ditch. 5. Drainage. 5.01 There shall be no change made in the point, flow rate, volume, amount or type of drainage into the Ditch,except as provided in this Agreement. A Preliminary Drainage Report shall be prepared by Landowner if the Subdivision is further subdivided or if structures or impermeable surfaces are constructed on the Subdivision, which report shall be presented to the County and the Ditch Company. The Ditch Company shall be entitled to review the Preliminary Drainage Report during the time that the appropriate governmental agency is reviewing such report, The Landowner will incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company's engineer. A Final Drainage Report shall then be prepared containing all of the required changes. The Ditch Company shall have a reasonable time (not less than 45 days) to review such Final Drainage Report and present objections to such report and to the design,installation or construction of any facilities that alter the historic drainage pattern. If Landowner fails or refuses to modify the Final Drainage Report to meet the objections of the Ditch Company,then the County shall make the final determination regarding the modifications of the drainage plan. County shall be jointly and severally legally responsible for such drainage and drainage plan. 5.02 Neither Landowner nor HOA,nor their respective successors or assigns,shall cause, suffer or permit any hazardous material, pollutant or other foreign material to be deposited or discharged from or through the Subdivision into the Ditch or the water carried within the Ditch. My Page 2 Weld - 3161576-2004 Page 2 of 14 111111111111N III! Ill!1111111 Id 11111 iiiI 3161576 03/1212004 04.02P Weld County,CO 3 of 14 R 71.00 D 0.00 Stew Moreno Clerk Si Recorder person, including Landowner, having knowledge of such deposit or discharge shall immediately notify the appropriate governmental agencies and Ditch Company of any potential or actual such deposit or discharge by any person. 5.03 Landowner agrees that an easement exists for the historical waste water return ditches,if any,and Landowner agrees to regularly maintain,clean and repair the ditches on at least an annual basis prior to the irrigation season,and Landowner agrees to install a concrete pipe culvert of sufficient size based on the Ditch Company engineer's standards for lateral ditch crossings of roads or other surface uses that could affect the operation of the Ditch Company's ditch. 5.04 Landowner agrees that there may have existed for many years underground drain lines and lateral or field ditches carrying water across the properties. Landowner agrees that an easement exists for the underground drain lines and lateral or field ditches and they agree to regularly maintain and repair the lines and ditches on an"as needed"basis prior to the irrigation season. 5.05 In the event there is proposed or formed a drainage district under federal,state or local law or requirement,Landowner agrees to include all of the Subdivision property with the boundaries of such district. 6. Plat or Covenant Notes. The following notes shall be inserted by the Landowner onto the Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision: A. The Ditch Company has an easement for its ditch and has the authority to cut and remove trees within its right of way and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company will, at an appropriate 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 right of way. The Ditch Company also has the authority to install and maintain a road along each ditch bank for its purposes. B. The property owners may not place any fence within the ditch right of way, and particularly across the right of way;and the property owners shall not to install any gates or fences on the ditch company right of way without the prior written approval of the Ditch Company. Any fences approved by the Ditch Company along the ditch easement must be fire proof and stock-proof to prevent damage by ditch cleaning by burning,humans and livestock and other sources to the ditch. There will not be permitted any livestock watering in the ditch. There will not be permitted any pumps in the ditch. Cattle guards instead of gates should be utilized instead of gates. C. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this development and that there are 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 is 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 plans to alter its operations as it would cure this surface and subsurface water issue. Ditches may overflow and flood adjoining property and improvements. Property owners shall be solely responsible for all water that overflows the ditch and the Ditch Company shall not be liable for damage caused to any property or improvements due to water overflowing the ditch. D. The property owners shall maintain the irrigation and drainage patterns existing on the date of recording of the plat so that the quality of water entering the ditch from irrigation and Page 3 Weld - 3161576-2004 Page 3 of 14 1 11N 111111111111111111111 1111111 I l i 1111111111111 3161676 03/12/2004 04:02P Weld County, CO 4 o1 14 R 71.00 D 0.00 Sim Morose Oak 8 Recorder from precipitation and other sources be maintained,and so that there is no change in rate,amount, point or type of drainage into the ditches that will occur. The property owners shall monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system. E. The property owners acknowledge that: 1)No livestock watering,swimming,tubing, canoeing or other use of the 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. F. No crossings of the ditch are permitted without the prior written consent of the Ditch Company and compliance with the rules, regulations and requirements of the Ditch Company. 7. Miscellaneous 7.01 Attorney Fees,Law and Venue. In any action brought by the Ditch Company to enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or otherwise,the prevailing party shall be entitled to reasonable attorneys' fees as fixed by the court. This Agreement shall be construed under the law of the State of Colorado. Venue for all actions shall be in the District Court of the county where the Subdivision is located. 7.02 Severability. 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. 7.03 Successors and Assigns. The terms,covenants,and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner,the Ditch Company and the HOA,and each of them. Landowner's obligations hereunder shall terminate(and the successor(s)to Landowner shall arise)on the date that Landowner conveys all of Landowner's interest in the Subdivision to transferee(s)and/or HOA. HOA shall be jointly liable with all or any successor property owner within the Subdivision under the terms of this Agreement. Whenever a transfer of ownership of a lot or tract takes place to a bona fide purchaser for value, liability of the transferor for breach of this Agreement thereafter terminates,and the grantor shall be liable only for breach(s)of this Agreement arising prior to the date of conveyance. This paragraph shall apply to any property dedicated to or conveyed to a governmental entity or any other person or entity by Landowner as a public improvement or utility. All amounts due by Landowner or by HOA to the Ditch Company or to its stockholders,or otherwise under the Agreement shall be assessed by the HOA against the Subdivision under the terms of the covenants applicable to the Community;and the lien for such assessment against the Subdivision shall inure to the benefit of the Ditch Company and its stockholders for any amount due under the terms of the Agreement or otherwise. Such lien may be foreclosed against the Subdivision, or any portion thereof, by the Ditch Company or its stockholders in the place of the HOA,as provided in the covenants applicable to the Subdivision. 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 Page 4 Weld - 3161576-2004 Page 4 of 14 1111111III11IIll1111111111VII111111111 )1111IHI 3181674 03/1212004 04:02P weld County,co 6 0l 14 R 71.00 D 0.00 Stew Moreno Clot 8 _newel between owners. This Agreement affects the property and title of the Subdivision, and this Agreement shall be recorded at the expense of Landowner,and after recording,the terms,conditions and covenants of this Agreement shall become a covenant running with the land of the Subdivision. This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be enforceable by the Ditch Company or any of its shareholders,or both the Ditch Company and any of its shareholders. 7.04 Construction,Waiver,Gender,Time of Essence. 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. Whenever used in this Agreement, the singular shall include the plural,the plural the singular,and the use of any gender shall include all genders. Time is of the essence of this Agreement. 8. Liability and Indemnification. 8.01 Landowner, HOA, and Landowner's and HOA's successors and assigns, hereby specifically waive and release 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 ditches and easement,including,but not limited to:flooding due to overflow or breach of the Ditch Company's ditches;washing or erosion of the ditch bank;cleaning of the ditches and easement by any means including but not limited to burning or chemical means;and excavation of the ditches and storage of residue. 8.02 As used in this Agreement, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3)environmental costs, including,but not limited to,investigation,removal,remedial,and restoration costs,and consultant and other fees and expenses;and (4)any and all other costs or expenses. 8.03 As used in this Agreement,the term"Injury"means (1)death, personal injury,or property damage; (2)loss of profits or other economic injury; (3)disease or actual or threatened health effect;and (4)any consequential or other damages. 8.04 Landowner and HOA jointly and severally covenant and agree to at all times protect, indemnify, hold harmless, and defend the Ditch Company, its directors, officers, stockholders, agents,employees,successors,assigns,parents,subsidiaries,and affiliates from and against any and all Claims arising from,alleged to arise from,or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this Agreement; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the Facilities on or adjacent to the Easement; or (3) Landowner's or HOA's or both, or any other person's presence at the Subdivision as a result of or related to this Agreement. 8.05 Landowner's and HOA's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury,including,but not limited to: (1) Claims asserted by any person or entity, including, but not limited to, employees of Landowner or HOA or both or their contractors,subcontractors,or their employees; (2) Claims arising from,or alleged to be arising in any way from,the existence at or near the Subdivision of water or ditches or reservoir or other associated facilities; or Page 5 Weld - 3161576-2004 Page 5 of 14 111110'I'll 111111 011 liii 1111111 III !Milli 3161576 0311212004 04:02P Weld Comply, CO 6 of 14 R 71.00 D 0.00 Sieve Moro Mork d Recorder (3) Claims arising from,or alleged to be arising in any way from,the acts or omissions of Landowner or HOA or both,their sublessees, invitees,agents,members,or employees. 8.06 HOA and Landowner shall maintain adequate liability insurance with standard waiver of subrogation endorsement to insure the risks undertaken as a part of this Agreement in an amount not less than one million dollars or such other amount set from time to time by the Ditch Company naming the Ditch Company and the other indemnified parties as additional insureds. A certificate of such insurance shall produced by the HOA and Landowner upon request by the Ditch Company. 9. Authorized Crossings of Ditch. 9.01. If Landowner is otherwise in full compliance with the terms of the Agreement, Landowner, at its sole expense, shall be allowed to construct one bridge over the Ditch (the "Facility"). No utility or other crossings are allowed across either ditch under the terms of this Agreement. Construction of such Facility shall be completed in accordance with plans therefor prepared by AMERICAN EAGLE ENGINEERING, LTD and INTERMILL LAND SURVEYING,INC. (the"Facility Plan");and the Facility Plan shall be approved in writing by the Ditch Company and also be approved in writing by the County of Weld,Colorado("County")prior to the time that any construction of such improvements are commenced. The fee imposed by the Ditch Company upon the Landowner for each such crossing shall be$1,000.00. 9.02 The construction of the Facility over the Ditch as described in the Agreement,shall be completed on or before one year after the recording of the final subdivision plat for the Community or March 15, 2005, whichever date occurs first. Notwithstanding the foregoing, without Ditch Company's prior written consent,between March 15 and October 15 of any year Landowner shall not be allowed to prosecute any construction of such Facility,utilities or realignment of the Ditch. Further, Landowner and HOA shall assure that any portion of the Ditch that is affected by Landowner's construction activities will be ready to carry water by March 15,or such later date as Ditch Company shall specify in writing. Landowner shall coordinate all such construction with the Ditch Company. No placement of any improvement within the Ditch Easement Parcel or construction of crossings of the Ditch Easement Parcel by any person shall be permitted by Landowner or HOA except in accordance with this Agreement. 9.03 Landowner and HOA shall indemnify and hold Ditch Company harmless from any liability of whatsoever nature whether by way of tort,contract or statutory lien rights arising as a result of any activities undertaken by Landowner or HOA under the provision of the Agreement. Any and all damage,injury or loss suffered by Ditch Company as a result of any faulty engineering, materials or construction of the Facility,and any necessary costs for repair or replacement of such Facility,shall be accomplished promptly at the sole expense of Landowner and HOA. In addition to any other remedies that the Ditch Company or its stockholders may have under law,Landowner and HOA shall be responsible for payment of all consequential damages to the Ditch Company or its stockholders,or both,in the event of a breach of this Agreement by Landowner or HOA. 9.04 Ditch Company shall have the right (but not the duty) at all times during any construction or other activities on or near the Ditch to inspect the facilities under construction. The Ditch Company shall have the right to order a cessation of work on any part of the construction that is not in accordance with the plans or that may threaten the Ditch or its facilities from normal operation. Page 6 Weld - 3161576-2004 Page 6 of 14 111111 11111 IIIII 110111 1011 IIII 111111 Iu 11111 1111 1111 3101676 03/1212004 04:02► Weld Coolly,CO 7 el 14 R 71.00 D 0.00 Steve Moreno Clerk 0 Recoldet 9.05 Landowner shall provide the Ditch Company any additional easement for the purposes of maintenance,operation and use of the irrigation ditch,reservoir or other Ditch Company facilities across or on Landowner's property,which easement shall be in addition to the easements as shown on the Subdivision plat. Landowner shall make,execute and deliver to Ditch Company a perpetual easement over and across such lands for the ditch easements on the form attached hereto as Exhibit "B". Said easements shall be recorded at Landowner's expense, and Landowner shall furnish Ditch Company proof of title by standard title commitment. 9.06 HOA and Landowner shall undertake and perform all maintenance of the facilities installed by Landowner or HOA on,over,or under the Ditch(specifically including,but not limited to,the Facility. 9.07 In the event Landowner fails to properly repair or maintain the Facility or their appurtenant facilities over or under the Ditch or the Ditch as set forth above, then HOA and Landowner shall be in default under the Agreement,and in addition to any other remedy available under the Agreement or under law, the Ditch Company shall have the right to so notify the. Landowner in writing. Said notice shall be given by first class mailed at the last known address of the Landowner. Said notice shall be deemed received three days after deposit in the U.S.Mails. In the event proper maintenance has not been commenced thirty days after its receipt of such notice or, once commenced,is not diligently pursued until completion,Ditch Company may perform or have a third person perform the required repairs or maintenance. The actual costs incurred by Ditch Company for such repair or maintenance shall be paid by Landowner and HOA jointly and severally to Ditch Company or to the third person upon demand. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 4th day of March,2004. THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY,a Colorado mutual irrigation company i//1-4St/ j President—Kennetlf M. Markham Secretary—Delbert Belzer Page 7 Weld - 3161576-2004 Page 7 of 14 1111111111111111111111111111 liii 1222212��I 11111 liii 1O1 3181878 03/12/2004 04:02► Weld County, CO 8 of 11 A 71.00 D 0.00 Stove Moron Clerk& Recorder STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me thist day of March, 2004, by Kenneth M. Markham,as President,and Delbert Helzer,as Secretary of The Consolidated Home Supply Ditch and Reservoir Company,a Colorado mutual irrigation company. Witness my hand and official seal. 22I1.LC.C.. f.L.�Q . •o•N~ in '13i Notary Public My commission expires: Ialo1'1101" • Page 8 Weld - 3161576-2004 Page 8 of 14 11111111111111111111111 111111111 1111111 in 11111 1111 1111 3161676 03112/2004 04:02P Weld County, CO 9 0l 14 R 71.00 0 0.00 neve Moreno Clerk&Recorder I-- Landowner—FRANCISCO GARCIA STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me this,rday of March, 2004, by Francisco Garcia,as Landowner. Witness my hand and official seal. t / ;•••,-°-- ; , Notary Public . b Pu . / E My commission expires: lalor/o7 "s `• ao Landowner—F & G LANDS, LLC, a Colorado limited liability company, by Francisco Garcia as sole manager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me this Slay of March, 2004, by Francisco Garcia,as sole manager of F&G Lands,LLC,a Colorado limited liability company,as Landowner. Witness my hand and official seal. ni Notary Public : rotary My commission expires: kQ. 3?/J1- • ra1:c • Page 9 Weld - 3161576-2004 Page 9 of 14 3161676 03/1212004 04:02P Weld County, CO 10 of 14 11 71.00 D 0.00 Ehve Moreno(Ilerk a Recorder ACCEPTED AND APPROVED: LIENHOLDER: Co!cr so cxremura?y E?.:.. . c H.::_;cvC Ave. PO Cc: � Cc:cr io t : . . By�64ncaYf STATE OF CO LO\at d.G' ) ) ss. COUNTY OF We kfr ) The foregoing was acknowledged before me ti'1 day of h1CN ,2004,by -El I. 10620 1 ,as £lee ff+!ve Uh& i4 •,asLienholder. Witness my hand and official seal. fa n ke ntati 'Notary Pudic My commission expires: 5-17" C1.O • O.0.RY AVe4 DARCI N. • AMAYA 401 Page 10 Weld - 3161576-2004 Page l o of 14 11110111111 111111111111 I I I I1111111111 n u l l I l l I I I 3161570 0311212004 04:02P Weld Coolly, CO 11 al 14 R 71.00 D 0.00 Slew Moreno Clerk d Recorder EXHIBIT"A" COPY OF SUBDIVISION PLAT f insert) 'y- 4 1 C l r o 1 , i. d, t r, y 1V ti ig, ,L.N. 4 A ♦F IIIY;I ;TN.1 # • y . Weld County.Cobrad . Q{ Pace I Weld - 3161576-2004 Page 11 of 14 Weld - 3161576-2004 Page 12 of 14 Inn 1111 111111111111111 3161576 03/12I2004 04:02P Weld Doody, CO 12 of 14 R 71.00 0 0.00 Bove Moreno Cork a Recorder EXHIBIT"B" EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into as of the 4tb. day of March, 2004. by and between FRANCISCO GARCIA and F& G LANDS. LLC. a Colorado limited liability company,hereinafter called"Grantor"(whether grammatically singular or plural), and The Consolidated Home Supply Ditch and Reservoir Company, 1650 West 8th Street, Loveland.Colorado 80537.hereinafter called the"Ditch Company.' 1. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged. the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its successors and assigns,the sole,exclusive and permanent right to enter,re-enter,occupy and use the hereinafter described property to construct,reconstruct,inspect,upgrade.increase size or capacity, operate. repair. maintain, replace, remove and operate one or more open irrigation ditches and/or pipelines and/or reservoirs for the storage.transmission,distribution and service of irrigation water, and all above ground and underground and service appurtenances thereto, including metering stations. vaults,enclosures, identification signs.checks, headgates, dams and other fixtures,over, across, under and upon the following described land, situate in the County of WELD, State of Colorado,to-wit: (insert legal description) LOT B,CORRECTED RECORDED EXEMPTION NO.1061-5-1 RE-3300,being a portion of the West Half of the Northeast Quarter of Section 5,Township 4 North,Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado. 'Assessor's Parcel Number 1061051000531. There are two ditches on said property and this easement applies to both ditches. fhe easement and right of way for ditches shall be 100 feet wide,being 50 feet on each side of the center line,or 25 feet from the top of the bank of the ditch on each side,whichever is greater. 2 Grantor further grants to the Ditch Company: 2.01 The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Ditch Company may find reasonably necessary; 2.02 The right to support the ditches and pipelines across ravines and water courses with such structures as the Ditch Company shall deem necessary; 2.03 The right of ingress to and egress from the easement over and across all of the land of Grantor by means of roads and lanes thereon, if such exists. otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; 2.04 The right of grading for,constructing.maintaining and using such roads on and across the lands as the Ditch Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; 2.05 The right to install, maintain and use gates and/or cattle guards in all fences which now cross or shall hereafter cross the easement; 2.06 The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or Page I Weld - 3161576-2004 Page 12 of 14 1111111111111111111111 NUM 111111 l II IIII III ni 3161576 03112/2004 04:02P Weld Conti,CO 13 of 14 R 71.00 D O.® Steve Moreno Clerk it Recorder other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2.07 All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. 3. Grantor hereby covenants and agrees: 3.01 That Grantor shall not erect or place any permanent building.structure,improvement, fence or tree on the described easement,and the Ditch Company shall not be liable for their removal if they are so placed,and Grantor agrees,at Grantor's sole expense to so remove such items. 3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground cover in the easement or over any water lines and shall not substantially add to the ground cover in the easement or over the water lines or their appurtenances. 3.03 Grantor shall not grant any other easement, right-of-way. permit or license upon, under or over said property without the written consent of the Ditch Company. 3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character.except the following: 4. It is agreed by the parties: 4.01 Grantor reserves all oil,gas and other minerals in,on and under the above-described lands.and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Ditch Company. 4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives,successors,and assigns of the parties hereto. 4.03 The easement includes the right to clean by mechanical,chemical or burning the ditch system.the right to deposit earth and other materials on the easement,the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe. 4.04 The Ditch Company hereby expressly reserves an easement over and across the Subdivision for the benefit of Ditch Company. its designated successors, their contractors, employees,material men,and assigns for the purpose of conducting therein and thereon such work of maintenance. improvement, construction, utility installation, development, and other reasonable activities as the Ditch Company may deem necessary or desirable. 4.05 The Ditch Company is granted the full right and authority to cut, trim, remove, destroy,or modify any trees,shrubs,grasses.structures,fences or other items within the easement or not within the easement but may cause a hazard within the easement. Landowner, and any future homeowners association, shall not plant. place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall they plant.place or maintain any trees,shrubs, grasses, structures. fences or other items in such a manner, nor shall they place or maintain fence within the easement. Gates or cattle guards shall be installed in all fences so that the Ditch Company has easy passage to its ditch and facilities. The Ditch Company shall be provided keys for all locked gates. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor. Page 2 Weld - 3161576-2004 Page 13 of 14 11111111111111111111111 11111 111111111111111111 111 1111 • 3161576 03/12/2004 04:02P Wild County, CO 14 or 14 R 71.00 0 0,00 Slew Moreno got a Recorder GRANTOR OR FRANCISCO GARCIA STATE OF COLORADO ) ) ss. COUNTY OF ) 4z The foregoing instrument was acknowledged before me this S day of March,2004,by Francisco Garcia.as Grantor. •.;• Witness my hand and official seal. ' r rp QaRae /Let ,` Notary Public ' . r My commission expires: I (24/( M" s ' ,• .... » ; ; .... ialtS GRANTOR F & C LANDS, LLC, a Colorado limited liability company, by Francisco Garcia as sole manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me this, bday of March. 2004, by Francisco Garcia, as sole manager of F&G Lands. LLC,a Colorado limited liability company,as Grantor. Witness my hand and official seal. ,• I Notary Public ; c :""i• My commission expires: -pq/U - .. .,1c.> Page 3 Weld - 3161576-2004 Page 14 of 14 VIIIMINPu nilumiII I111111III1IIIIINI 3206407 11120/2004 02:10 Wald aunty.00 1 of 1 R 0.00 0 0.00 Move MarNw dark 8 RICSII POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that IX rM'O C [PAM full name(s)(single,joint,partnership,corporation,incorporated ass'n)j is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is hereby acknowledged,do(es)hereby grant unto Poudre Valley Rural Electric Association,Inc.,(Association)a Colorado Corporation,whose post office address is Fort Coffins,Colorado.and to its successors and assigns,a perpetual right-of-way easement upon these particularly described lands of the undersigned: AN UNDERGROUND UTILITY EASEMENT 10 FEET WIDE.5 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER#37188—GARCIA r PUD RECEPTION NO.: X 3 (C;c5 la; County WELD , Book X .Page X ,Secdon 5 ,Township 4 N,Range N W, for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating,repairing,maintaining,and extending from time to time an overhead and/or underground electric line or system, including, but not limited to, poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults, transformers,pads,and enclosures,on,over or under the above-described lands; And for the purposes of cutting,mowing or trimming,from time to time,trees,bushes and shrubbery located within 10 feet of the centerline of said line or system and to cut down all dead,weak,leaning or dangerous trees or limbs in or adjacent to the right-of way as may,in the opinion of the Association,otherwise endanger the lines or other facilities of the Association. The undersigned agrees to keep the area within 10 feet of the centerline of said underground or overhead electric line or system clear of buildings,structures,piles of earth,rubbish,debris or other substances or materials,and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems; And grants the Association the right of access for Ingress and egress over the lands above-described and the right to use the roads or trails,whether public, private or dedicated,to install,maintain and use gates and fences presently installed or as may be installed from time to time: And further agrees that all facilities installed by or for the Association shall remain the property of the Association,removable at the option of the Association. And shall not grant any other easement right-of-way,permit or license upon,under or over said property without the written consent of the Association. The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. The undersigned warrants that(s)he is(they are)the owner(s) in fee of the above described lands and will defend the title thereto against all claims,and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: MORTGAGE COMPANY NAME:X Go ton-4Do Ldn,-.><4t'r' 5 Mug X IN WITNESS WbFBEOF the undersigned has set his hand and seal this_'L day of Cm/ , . X (Owner) *Jr X (Owner) X (Owner) X (Owner) STATE OF COLORAUC ) ss: COOP OP,L/ 1'�-4L ) j - X.'Y ‘.^e foregoing instrument was edmowledged before methis oY day of Nm)e..ae- , 90°y, L1C.4izeiNu sn. • B NER(S)OF RECORD NAME(S) '9 Eq L My Commission Expires: 1727 ��7 Notary Public E) WORK ORDER#37186-TF LOCO aID„om.0 awl aa,SMnMnMr a.wnxmmwo n,M ISMNT4,a Weld - 3245487-2004 Page 1 of 1 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT (this "Agreement") is made and entered into this 1st day of March, 2005, by and between F & G Lands LLC, a limited liability company with its principle place of business located at 1959 Blanca Ct, Loveland, Colorado 80538 ("Owner") and MAGPIE OPERATING, INC., a Colorado corporation with its principle place of business located at 2707 South County Road 11, Loveland, Colorado 80537 ("Operator"). RECITALS A. Owner is the owner of the surface (and related mineral interest) and is in possession of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. Operator is the owner and holder of a leasehold and working interest in the oil and gas estate underlying all or portions of the Property and is conducting oil and gas production operations and intends to conduct additional drilling and production operations on the Property in the future. C. Owner and Operator desire to set forth their agreement with respect to further oil and gas operations on the Property, the accommodation of development of the surface, and to provide for cooperation between the parties and the mutual enjoyment of the party's respective rights in and to the Property. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the covenants herein made and the mutual benefits to be derived therefrom, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. Use of Lands. Each of the parties covenants and agrees that is shall strictly observe the terms and conditions regarding surface occupancy set forth in this Agreement. This Agreement, and the rights and benefits granted and created herein shall be effective as of the date of this Agreement. The provisions hereof shall be considered covenants running with the land during the life of this Agreement and all modifications and any assignment shall be subject to the provisions hereof. 2. Drill Site Area. Operator acknowledges that the "Drill Site Areas" and Production Facility Areas" reflected on Exhibit "B" attached hereto and incorporated herein by this reference shall be used as surface locations for future activities of Operator under this Agreement and under Operator's oil and gas leasehold interest with respect to the Property (including, without limitation, the drilling of any and all wells to any and all formations underlying the Property covered by this Agreement). Such areas shall be in addition to the "Existing Production Facility Area" also reflected on said Exhibit "B." All references contained in this Agreement to the term "Drill Site Area" shall also be deemed to refer to the applicable Production Facility Area resulting from operations on said Drill Site Area. Temporary access roads shall be available and used during drilling, completion, recompletion and workover operations. Permanent access roads to a Production Facility Area shall be approximately 20 feet in width and shall be reflected on Exhibit "B". Operator shall have the right to move, maintain, repair and operate derricks, drilling tools, vehicles and other machinery and equipment necessary or incident to the drilling, testing, completion or operation of all Drill Site Areas and Production Facility Areas. 3. Other Damages. If by any reasons resulting from the operations of Operator, there is damage to real or personal property upon the Property which is not associated with usual and customary operations, such as (but not limited to) damage to livestock, structures, buildings, fences, culverts, cement ditches, irrigation systems, and natural water ways, such damage will be repaired or replaced by Operator, or Operator will pay reasonable compensation to Owner for such additional damage. 4. Operational Restrictions. In conducting its operations on the Property, Operator shall use its best efforts to keep the Drill Site Areas and Production Facility areas free of weeds and debris. Upon prior notice to Operator, Owner shall have the right to install, from time to time, such berms, screening and landscaping as may be reasonable to Owner to screen any Production Facility Area and any production equipment, at its sole cost and expense, as long as it does not result in the increased risk to the health and safety of Operator's employees or others, and does not interfere with the operation and production and access to the well 5. Relocation. Owner may from time to time, request that Operator move, at Owner's expense (paid in advance), flow lines, roads and production equipment to enable Owner to better utilize, in Owner's reasonable judgment, the surface of the Property. Movement of such flow lines, roads and production equipment is conditioned upon Operator's reasonable determination that such movement will not result in increased risk to the health and safety of Operator's employees or others, and will not have a significant adverse effect on Operator's ability to produce the affected well. 6. Land Development. Operator acknowledges that is the intent of Owner to further develop the surface of the Property and adjacent property, and Operator shall use commercially reasonable efforts in the conduct of all operations pursuant to this Agreement to accommodate such use and development, and to conduct its operations in such a way as not to interfere with such use and development. Owner acknowledges that it is the intent of Operator to conduct further drilling and production operations on specified portions of the Property, and Owner shall use commercially reasonable efforts in its use and development of the surface so as not to interfere with such drilling and production operations. 7. Cooperation. Owner agrees to cooperate with Operator, at Operator's request, in Operator's effort to seek approval by Weld County or the State oftolorado, of the proposed oil and gas development on the Property and join in the execution of any consents or other documents necessary to permit Operator to pursue such approvals (subject, however, to the condition that the proposed operation must be consistent with the terms and conditions of the Agreement). 8. 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. 9. Default Remedies. The parties to this Agreement acknowledge and declare that it would be impossible or difficult to measure in money the damages which would accrue to either party by reason of the failure of the other party to perform its obligations as set forth herein. Therefore, should any dispute arise or any action be instituted by either party to this Agreement, to enforce the provisions of this Agreement, it is agreed that this Agreement shall be enforceable in a court of equity by decree of specific performance, and also that appropriate injunctions may be issued. Each of the parties hereto waives, for itself and its successors and assigns, any claim or defense that an adequate remedy exists in law. The remedies provided herein shall be cumulative, and not exclusive, and shall be in addition to any other remedies available to a non-defaulting party. In the event it is necessary for any party to engage in the services of legal counsel in order to enforce or defend its rights hereunder, the prevailing party in any such proceedings shall be entitle to an award of its reasonable costs and expenses (including attorneys' fees). 10. Assignment. This Agreement shall be assignable, in whole or in part, by either party, subject to the following: A. Operator shall assign its interest in the Oil and Gas Lease(s) covering the subject property only following written disclosure to the assignee of this Agreement, and such assignment shall be expressly subject to all terms and conditions of this Agreement, and the assumption by assignee of all obligations of Operator under this Agreement. B. Owner may assign an interest in this Agreement only in connection with the conveyance of all or any portion of the Property, and then only insofar as the Agreement pertains to that portion of the Property so conveyed. Owner shall make any such assignment only following written disclosure to the assignee of the existence of this Agreement, and such assignment shall be expressly subject to all terms and conditions of this Agreement (whether or not so stated therein) and the assumption by assignee of all obligations of Owner under this Agreement (whether or not so stated therein). 11. Headings. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit to the successors and assigns of the parties, and may be executed in counterparts. F & G Lands LLC Date Magpie Operating, Inc. Date / lli 40, I LI 1... A II 2. 81s 1 CII sz _ il m $ � cos 05 e _ I.; ■ Y II r 1111 _ in d • Jet c el LI i ) 11 _ r 2 S a Pyil y t t a .. a .k N N CI N W cn E axY a; d. - O CIP- W Y� 4 ✓ y 1O c ca0 = ,r# NLw _�.I . CD r , CO . 1.1 C V V •'` O T i +ice+ .L a r N � N I W < t, $l L� k K -.;...a,}14,,,.-1,4-r","”v�01 4 B S (-. �— t 1k { W 4 K+. i +y g cr.,. 4e- a , - p dd ` < 4 d t is d 3 7.,,3`,, " f ..zr` -...:4„,:',..,,,., a ' 's a= q 'Atli/4 4 f ; - N .t' i/r' yiF I a © ' er, =., Per tit I.I. 4 III. 14 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: 8 (in (o Y RE#: Pt - 1058 Other Case#: 1. Applicant Name Fra,A c-4 5 co CC wic Cr. Phone 6-70.)51.4- - 9 S8 Address I95oi City Lothcia-not State Co Zip 8O538 2. Address or Location of Access tf .6 Kc.c.. !06/ - S- t /ec. 330a Section 5. Township 4 Range GB Subdivision Block Lot 8-9 co. 4.t 3r5 APrf, Weld County Road#: b¢tvee.+ Side of Road Hw'i Co Distance from nearest intersection V2- 3. Is there an existing access(es)to the property? Yes V No #of Accesses 4. Proposed Use: ® Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ******************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural L_ RES = Residential O&G = Oil&Gas FRO Gib D.R. = Ditch Road v D = House '� u = Shed ft) sf = Proposed Access • = Existing Access Ni • *************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -17- res cit aft;- :, DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 Wimp PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT CO 80504 COLORADO PHONE (720)652-4210 ext. 8730 FAX(720)652-4211 December 15, 2005 Francisco Garcia Final Plat, Las Haciendas PUD for Eight Estates Lots and one Agricultural Lot and 11.2 acres of open space. PF-1058 1. A separate building permit shall be obtained prior to the construction of any structure including any future entry way and or gates. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Please contact me for any further information regarding this project. Sinc ly, er Vigil -,-2 EXHIBIT Building Official REFERRAL LIST NAME: Francisco Garcia CASE NUMBER: PF-1058 REFERRALS SENT: November 19, 2005 REFERRALS TO BE RECEIVED BY: December 21, 2005 COUNTY Ambulance Services TOWNS and CITIES Attorney Ault Lx Health Department Berthoud Extension Service Brighton Emergency Management Office Broomfield x_Sheriffs Office Dacono x_Public Works Eaton _Housing Authority Erie Airport Authority Evans x_Building Inspection Firestone x_Code Enforcement Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover _x_Department of Transportation Hudson Historical Society _x Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie =x_Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor =x_Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 _x_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS "_x_Big Thompson OTHER Fort Collins —_x School District-2J Greeley _x Lake Ditch Company Longmont West Adams 14% COMMISSION/BOARD MEMBER 11/22/2005 11:06 9705870141 TOWNOFJOHNSTOWN ..., PAGE 01 tte Weld County Referral WilDeNovember 19, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Francisco Garcia Case Number PF-1 058 Please Reply By December 21, 2005 Planner Kim Ogle Project Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space Legal Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location south of ana adjacent to State Hwy oU; 1/4 mile west of Parcel Number 1061 05 100053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) Administrative Review O We have reviewed the request and find that if does/does not comply with our Comprehensive Plan �\We have reviewed the request and find no conflicts with our interests. ❑ See attached letter, Comments. Signature Date 1 r— ZZ — a t'j Agency ^Weld County Planning Dept. 4 918 10"'Street,Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-64 EXHIBIT 11-29-2005 15:26 FROIF .-. T-865 P.001/002 F-374 ret-6-; Weld County Referral Ing November 19, 2005 C. ?2 02.„ : 34 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Francisco Garcia Case Number PF-1058 Please Reply By December 21, 2005 Planner Kim Ogle Project Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space t Legal Lot B or RE-3300; pt of the W2NE4,of Section 5, T4N, R68W of the 6th P.M.,Weld County,Colorado. ` Location South of and adjacent to State Hwy 60; 1/4 mile west of CR 5. Parcel Number 1061 05 100053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing Of applicable) Administrative Review O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 16 We have reviewed the request and find no conflicts with our interests. See attached letter. Comments' Signature L� t p a 3 Date 6 o f n C Agency 1 P � , / *Weld County Planning Dept- 4.918 1?Street,Greeley, CO. 80631 4.(970)353.6100 exL3.540 +(970)304-6498 fax 6t(te\ ‘;;;;:,), Weld County Referral wi ' November 19, 2005 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Francisco Garcia Case Number PF-1058 Please Reply By December 21, 2005 Planner Kim Ogle Project Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space Legal Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 60; 1/4 mile west of CR 5. Parcel Number 1061 05 100053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) Administrative Review ❑ 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. n Comments: �l C "n c-cM etc) it, ism( ?1X C'l le° fA ertn ti r( I'UT) ViC h Q,( ° Signature 1 fy�\ Date 1 ‘,zz-OS Agency Zz / f�.cri l r Nko - V EXHIBIT ❖Weld County Planning Dept. +918 10'"Street, Greeley, CO.80631 ❖(970)353-6100 ext.3540 +(970)304-649 Weld County Sheriffs Office M e mo To: Kim Ogle From: Ken Poncelow Date: November 24,2005 Re: PF-1058 The Sheriff's Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division, they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. The street name in this subdivision is approved. 9. The Sheriffs Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. EXHIBIT The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. • Page 2 ,..... v\iefe/ca 0 • 6 41(LE14 Weld County Referral Weld County Planning Departm November 19, 2005 O GREFIII LFY OFFICE ��NEO©1v DEC X ➢ 2005V �� COLORADO 1005 RECEIVEDTSnn4Tr c section The Weld County Department of Planning Services has received the following item for review: Applicant Francisco Garcia Case Number PF-1058 P/ease Reply By December 21, 2005 s Planner Kim Ogle Project Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and i 11.2 acres of open space I Legal Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th P.M., Weld I Ii County, Colorado. Location South of and adjacent to State Hwy 60; 1/4 mile west of CR 5. Parcel Number 1061 05 100053 I consider relevant to this request would be appreciated. ease • comments or recommendation you give full consideration to your recommendation. Any response not received before or on this date ma deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) Administrative Review i❑ We have reviewed the request and find that it does/does not comply with our Comprehensive P/an ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. C'ommPnt� r C O4 CQY15�71 cr PrI �1e Ybt� f h -lI ;red . Mt pl rcpt +0 COOT `f0 re..solde is f A\Iso no I 3Ci at ,d5cc�p in, Signature 4 IS-- U /� g� 1 1 Date _ 11 �Zg cm--Agency DDT f-'//��TCOE S5 is a(louse ;Ill cDor ovJ wt o own r I� -tyytt ,1y�Y�l 9 0. 1 aV lLtscG� i vi- i3 County Planning Dept. •:•918 10'"Street, Greeley,CD e CO.80631e(970)353-6100 ext.3540 •:•(970)304-6498 fax EXHIBIT I __Z___ L***N., Weld County Referral IilkCWeld County Planning Department November 19, 2005 GREELEY OFFICE NOV 2 8 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Francisco Garcia Case Number PF-1058 Please Reply By December 21, 2005 Planner Kim Ogle Project Final Plat, Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space Legal Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 60; 1/4 mile west of CR 5. Parcel Number 1061 05 100053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) Administrative Review ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan XI We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. �� Comments. Signature //• _ i 2:;), Date O3— Agency COq Vil 7 (City EXHIBIT fiWeld County Planning Dept. ❖918 10 Street, Greeley,CO. 80631 ❖(970)353-6100 ext.3540 4(970)304-649: DECLARATION OF PROTECTIVE COVENANTS LAS HACIENDAS PUD The undersigned, being the Declaration and Owner of all the land in the Las Haciendas PUD, Lot B of RE 3300, a tract of land lying in Northeast quarter of section 5, Township 4 North , Range 68 West of the 6th Principal Meridian, Weld County, Colorado as shown by a plat of said PUD dated the 11th day of November, 2005, do hereby make this Declaration of Protective Covenants applicable to lots 1-8 in Las Haciendas PUD. LAND USE I. No lot shall be used except for a single family residential purpose and no building shall be erected altered, placed or permitted to remain on any lot other than one single family dwelling, one private garage, and one accessory building or barn. II. No obnoxious or offensive activity shall be permitted on any lot nor shall anything be permitted which may be or may become an annoyance or nuisance to the neighborhood. Recreational use of all-terrain vehicles, motorcycles, snowmobiles and similar vehicles or equipment of a Unit shall be kept to a minimum and shall be used for the purpose of Unit owers. No organized or large group of such activities shall be allowed. No person shall discharge, fire or shoot any gun or other firearm or bow or weapon whatsoever for recreational purposes within any portion of the Common Interest Community. III. No manufacturing, industrial, or commercial enterprise shall be permitted on any lot except for home occupations conducted within the interior of the home. No on site advertising shall be allowed with respect to such home occupation. No semi-trucks or large delivery trucks shall enter the subdivision except for Fed-ex type trucks which shall be kept to a minimum. IV. No structure of a temporary character,trailer, basement, tent, shack, garage, barn, or other accessory building shall be used as a permanent or temporary residence. V. No part on any lot shall be used as a site for mobile homes, regardless of whether such mobile home is occupied as a dwelling or is stored on the lot temporarily. VI. No sign or advertising of any kind shall be erected, placed, permitted, or maintained upon any lot except for Real Estate type signs referring only to the lot on which it is displayed. VII. Landscaping for each unit will be completed within a period of no more than 9 months from the time of occupancy. Removal or replacement of existing trees will be prohibited. The use of plants indigenous to the locale is strongly encouraged. A landscaping plan will need to be reviewed and approved by the HOA. A variety of colors, shrubs, trees, rock, and grass is encouraged. VIII. Features unique to the property such as ditch and oil well are private properties. Likewise, nearby properties whether posted or not are private properties. There shall be no tampering with any of these areas. No owner shall modify or change the topography or countour of any drainage areas or easements, including swales for house drainage that may modify the approved subdivision drainage plan. Retaining walls, fountains, ponds etc. shall be designed so as to not modify the existing topography and must be approved by the ACC. IX. Overnight parking for vehicles on the street will be prohibited. Warnings will be issued and fees may be assessed for repeat violators. X. Any clotheslines to be installed within the common interest community must be approved in writing by the HOA. They must be retractable. XI. All external radio antennas, television antennas, satellite dishes or other external signal receiving devices shall be installed or erected in such manner as to minimize visibility. Unit Owners shall be encouraged to utilize screening, unobtrusive placement,planting, camouflage, and other measures to ensure that the aesthetics of the common interest community are protected and to ensure the safety of the installation of any such devices. ANIMALS No animals of any kind shall be raised, bred, trained, or kept on any lot for a commercial purpose except for those used for 4-H projects, rodeos, shows, etc.. II. A combined maximum number of four small pets over the age of eight weeks shall be permitted provided that said pets shall remain under control of their owner at all times by voice control or physical restraint and shall not be allowed to chase domestic animals, livestock or wildlife. Aggressive dog breeds such as Pit Bulls shall be discouraged and may be subject to special insurance requirements as deemed necessary by the HOA. III. Large animals such as horses and similar shall be restricted to no more than one animal per acre as allowed by Weld County zoning and shall be kept in a clean orderly manner. Such animals shall be prohibited from any other units within the Common Interest Community by way of being restrained by use of fence or shelters which shall be constructed in a professional manner. IV. No pigs, goats, burros or other obnoxious or exotic specified deemed offensive by the HOA shall be permitted on any Unit within the Common Interest Community. V. All hay and animal feed must stored inside a barn or other suitable structure approved by the ACC for such purpose or shall be neatly stacked and covered as to provide a neat appearance. Each unit shall be maintained in a clean sanitary condition at all times and no open manure piles may be maintained. Manure management must be maintained and shall be removed or dissipated at the Unit owners expense on a quarterly basis or at other specific time intervals as the HOA shall establish. BUILDINGS AN IMPROVEMENTS All dwellings shall have a minimum living space above the ground of not less than 2400 square feet for a single story home, excluding garage and porches. A dwelling with two or three stories shall have a minimum of 2800 square feet of finished living space above the ground.. No more than three stories excluding a basement will be allowed. II. All buildings and improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a professional manner. Residences shall be finished with a combination of stucco or stone/brick. The roofs on the dwelling shall be of a slate or barrel tile or equivalent as to give the Mediterranean appearance. III. Construction of buildings and improvements on any lot shall be completed within one year from the date of commencement unless an extension is granted by the HOA. IV. No tanks for the storage of gas, fuel oil, or any other matter shall be erected, placed or permitted above the ground on any lot, unless totally hidden from view. Any below ground storage of hazardous or toxic materials shall meet all applicable County ,State, and Federal regulations. V. All home plans and outbuildings must be approved by the Architectural Control Committee. All exterior finishes and colors should be presented and approved. One Full Set of construction drawings including plot plan shall be submitted to the ACC and shall be approved or disapproved in writing within 30 days of submittal. VI. Septic tanks and leach fields shall be identified on plot plan and installed near envelopes shown on subdivision final plat and sites shall be preserved on lots. All easements for installation and maintenance of utilities and ditches shall also be shown on the plot plan All such utilities shall be underground. No building or other structure shall be constructed, erected or placed upon any easement reserved for utilities, except fences, which shall be subject to the prior approval of the HOA. VII. The Architectural Control Committee as required for the lots in Las Haciendas PUD shall consist of the declarant, Francisco Garcia Jr. At the time of 50 percent of lots being sold then the Homeowners association shall take over enacting said covenants and will participate in ACC. MAINTENANCE I. Weeds must be kept cut or removed at all times. IL All dwellings, accessory buildings, barns, garages, fences, and other structures shall be maintained in a clean , orderly, and attractive appearance at all times. III. No inoperative or unlicensed motor vehicles, recreational vehicles, boats, trailers, motorcycles, farm equipment, or other mechanical equipment shall be stored on any lot for a period than two weeks unless such vehicle is concealed from public view. One horse trailer may be stored in an owner's lot provided it is kept in a clean an orderly manner. IV. Each lot shall be kept in an attractive an clean condition at all times. No trash, litter,junk , containers, or building material shall be permitted to remain visible from any neighboring lot or street except as necessary during a period of construction. In the event any structure is destroyed, either wholly or partially by fire or any other casualty, said structure shall be properly rebuilt or remodeled within six months to conform with these covenants. If the structure is not to be rebuilt, all remaining portions of the structure, including the foundations and all debris, shall be promptly removed from the property. VI. A common waste management agency will be encouraged to service all units V. Open space maintenance shall be the responsibility of the declarant, Francisco Garcia Jr. until 50 percent of lots are sold and then shall become the responsibility of the Homeowners Association. PROVISIONS The expenses of functions imposed on the Association pursuant to this Declaration, together with the expenses of the administration and its operation, shall be assessed uniformly against the lots owned by the purchasers, subject to the limitation on assessment set forth in paragraph below. An owner who is a purchaser shall be responsible for payment of the full share of any assessments for a lot whether or not the lot has improvements. Lot 9 which remains an Agricultural Zoning lot shall be exempt from these Covenants and shall be governed by Weld County with respect to Agricultural Zoning laws. II. In no event shall the annual average common expense liability allocated to any lot in the property, exclusively of optional user fees, exceed the maximum amount allowable by then applicable Colorado law for exception of the property and the association from the general application of the provisions of the Colorado Common Interest Ownership Act (CCIOA). The current Maximum Annual Assessment is $400.00 per lot, pursuant to Section 38-33.3-116 C.R.S. and such amount may be periodically adjusted without requiring general application of CCIOA. In no event shall the Board adopt any budget which will result in assessment of more than said then permissible Maximum Annual Assessment. III. In the Event the lot owners shall fail to maintain the open space areas in a reasonable order and condition in accordance with the original plan submitted with the final subdivision plat, the Board of County Commissioners for Weld County may exercise the power contained in CRS 24-67-105 as it now exists or as it may be amended. IV. These covenants shall operate as covenant running with the land for the benefit of any persons who now own or may hereafter own property within Las Haciendas PUD. Each lot owner is specifically given the right to enforce covenants through any proceedings , against any person violating or threatening to violate these covenants, and to recover any damages suffered by them from any such violation. Such damages shall include, but not be limited to, reasonable attorney's fees. court costs, expert witness fees, and bonding costs. V. The HOA upon request and after obtaining a court order from a Colorado court having jurisdiction thereof, may enter upon any unit and remove any improvement constructed, reconstructed, refinished, altered or maintained in violation of these covenants. The owner of the improvement shall immediately reimburse the HOA for all expenses incurred in connection with such action. If the owner fails to reimburse the HOA within thirty days after the HOA gives the owner notice of the expenses, the sum owed to the HOA shall bear interest at a rate of 18% annum from the date of the advance by the HOA through the date of reimbursement in full, and all such sums and interest shall be an individual assessment enforceable as provided in this document. VI. These covenants are to run with the land, and shall be binding on Lot owners for a period of twenty five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years. These covenants, not withstanding the above, can be altered or amended in any manner at any time by a recorded instrument signed by 60 percent of the Lot Owners. Provided, however, that the provisions regarding maintenance of roads or open space shall not be altered or amended without the concurrence of the Weld County Board of County Commissioners or municipality with land use jurisdictions. VII. If any portion of these Covenants are invalidated in any manner whatsoever, it shall not be deemed to affect in any manner the validity, enforceability, or effect of the remainder of these Covenants, and in such event, all of the remaining provisions of these Covenants shall continue in full force and effect as if such invalid provisions had never been included herein. VIII. No provision contained in these Covenants shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. IX. The HOA will be established after 50 percent of the lots are sold and will take over maintenance and other governing issues for Las Haciendas PUD. The HOA shall meet quarterly or as necessary to discuss any issues and review any proposals. The HOA will keep detailed and accurate records in chronological order of all of its receipts and expenditures, specifying and itemizing the maintenance and repair of expenses incurred. Such records and the vouchers authorizing the payment shall be available upon request for examination by the unit owners with an interest, such as prospective lenders. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. Francisco Garcia Jr. President F&G Lands LLC STATE OF COLORADO COUNTY OF LARIMER Acknowledge before me this I H day of W avom tV', 2005, by Francisco Garcia Jr. of F&G Lands LLC. Wit ness hand and official seal. My commisis sion expires : �� 'D�j •0 b �E SCy Notary Public p ÷ -33 N� ti Address y4W ,GO OQS7 FOF CO�OPP STATE OF COLORADO Bill Owens,Governor DEPARTMENT OF NATURAL RESOURCES p DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Weld County Planning Department `Pt4OF4 Bruce McCloskey,Director GREELEY OFFICE 6060 Broadway For Wildlife- Denver,Colorado 80216 DEC 1 b 2005 For People Telephone:(303)297-1192 December 13, 2005 RECEIVED Weld County Planning Kim Ogle 918 10th Street Greeley,CO 80631 Subject: Final Plat,Las Haciendas PUD for Eight Estate Lots and one Agricultural Lot and 11.2 acres of open space, case number PF-1058 Dear Kim: The Colorado Division of Wildlife has checked and reviewed the subject property and proposed development as to potential impacts on wildlife. The parcel is currently agricultural land and generally cannot be considered as critical habitat for any wildlife species. However, a check with the Division's Denver office or with the U.S. Fish and Wildlife Service as to the Preble's Meadow Jumping Mouse may be appropriate. The Lake Ditch,although a man-made waterway,provides a riparian corridor with associated riparian species. Although a house and ditch crossing have already been completed in the proposed lot 9, further disturbances to the Lake Ditch may warrant monitoring. An irrigation ditch also runs along the west side of the proposed development. All willows, cottonwoods, and other native riparian habitat should be left undisturbed as well as the dead wood and trees in this area. Although it appears a 75 foot buffer for Open Space is shown on the map west of lots 1 thru 4,clustering of houses and development near Celeste Lane provides a more substantial buffer for this riparian area. Increasing the buffer to 100 feet, 50 feet on either side of the centerline,would provide additional buffer. Other native trees within the PUD, including an old growth cottonwood in the southeast corner of Lot 9, should also be left undisturbed. According to the Colorado Division of Wildlife Natural Diversity Information Source Map for Weld County,the area provides winter range for bald eagles,foraging 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, other raptors and herptofauna may also occur in this area. 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 attract wildlife. Subsequently, ornamental landscaping may be damaged by wildlife. Homeowners will need to be responsible for damages incurred and will not be eligible for any reimbursement by the Colorado Division of Wildlife. Homeowners should be made aware of the presence of native predators. Pets should not be allowed to roam free. All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the species being raised. Pets as well may negatively interact with wildlife even on the home-sites and homeowners DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Ken Tones, -. Members,Robert Bray•Rick Enstrom•Philip James•Claire O'Neal•Richard Ray•Robert S •: EXHIBIT Ex Officio Members,Russell George and Don Ament 1 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 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 Colorado Division of Wildlife Brochures: "Living With Wildlife In Coyote Country","Living With Wildlife Canada Geese", and"Too Close For Comfort". Homeowners should also be aware that hunting may be an ongoing fall and winter activity on lands surrounding the development. Shooting will occur normally in the early mornings until dark 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 regarding these comments,please contact District Wildlife Manager Suzanne Kloster at 303-485-0593. Sincerely,[ Scott Hoover Northeast Regional Manager Cc: Suzanne Kloster Weld County Planning Department GREELEY OFFICE DEL: 2 2 2005 RECEIVED rest Memorandum TO: Kim Ogle, W.C. Planning ' DATE: December 20, 2005 C FROM: Pam Smith, W.C. Department of Publi /7) COLORADO Health and Environment CASE NO.: PF-1058 NAME: Francisco Garcia The Weld County Health Department has reviewed this Final Plat application. The review finds: • There are no covenants to review; • There are no primary and secondary septic envelopes on the lots; • There are no notes on the plat. The application was approved with the following Department recommended conditions being placed as notes on the plat: 1. Water service shall be obtained from the Little Thompson Water District. 2. This subdivision 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. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. 3. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks, including the 100-foot setback to any irrigation ditch. 4. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the fields should be restricted over the absorption field areas. 5. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. 6. 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 Health Department, a fugitive dust control plan must be submitted. 7. 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 EXHIBIT / practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 8. 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. 9. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\Final Plat\PF-1058 Francisco Garcia.RTF 2 Page 1 of 1 Kim Ogle From: Pam Smith Sent: Friday, January 06, 2006 4:23 PM To: Kim Ogle Subject: RE: Staff Comments PF1058 I've looked at the covenants and the section titled BUILDINGS AND IMPROVEMENTS, Section VI. The language is inadequate as written. The covenants state that the septic envelope sites should be preserved on all lots. The language approved by the BOCC reads: The covenants shall state that activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the fields should be restricted over the absorption field areas. Please inform the applicant. Call if you have questions. Pam From: Kim Ogle Sent: Saturday, December 31, 2005 11:33 AM To: Peter Schei; Pam Smith; Donald Carroll; Drew Scheltinga; Jesse Hein; Lee Morrison; Charlotte Davis Subject: Staff Comments Please review and provide return comment of either errors or omissions ... thanks Comments for St. Vrain Lakes will be generated with receipt of PW/ FHU Comments on January 3, 2006 01/06/2006 e • .malt 491 measi $MI 1 °..._..a__t2 j ocr i 6 .. .. 14191 4 As s.gn..u.mldi►=/ . 7r•4' N asecx-i s... -•=.mete,.biamm P. ter c..a� ../. ...l• .., .t Ws.., r r MOIMNOL aim M.-mn.aa-4.par. - OIIe AND GAS LEASE M►pla3Wshrr,blab er wr Imo Hta. . 19th b r September 6 1/ by rod 4r..o ..:1110, Gentry.., epd i„ S, Gentryq wife and husband, and Cecelia 1I. C1orttt. A. "...__1 c4c. .1a ClaKett;-and dbfitn M, Clagett,f. amt lnab'ada; and Jaalas R. GoatIL1,uik.aL J. S, Gentry III paetrd the OM pro hria.r1ihA`.a.;awe...a tam.) midTorrtD&L..Ltods.o7-- 50O %ta Tulsa Oklahoma —. p r s4 p.y .mewl Mt.hen.. WI11.�aaae,Tad e.ti_for ce r _ Dam Tan and More _ M Wd pail tern.of r1ir0 an►.ref slsa h.d.!.d.m the tray hw.M p.•h4ld.Ma r I.ODennese.of ham.Ma.s.....Meshy VMS.hma e.k .. o M d.*ear L .a.Irma h memo ea m.ravoti.a,eked..,..apeWe,lb me..i.Is p and odrt:y •.a,p.,...qr.p, met.1 Mar m,e+l►b41.4f wire beam bonding holm team Maream•.4pmo Imo mad*Mot.wr1.w a—ia le madam, no..OM.e.•M. on.,unapt. w are rid Imam,and amore la fib/-.Ms I4.41te.'ilbseried Ma` bold slate...._Colorad9 _---- � .-date stem __.— _ _ Torna141p_klrorth &an/teapeal_I—gth P. Ka _...... ..............__. .__...__a�etiga 5: !; NB/4 The undersigned &tosser hereby agree and direct that the bonus peat for t� -ease .sad_wllrent -•tee nts..shall•ho made to Cecelia I. Gentry or to her credit is the Bank named in paragraph 4hereof in the meaner set out therein. .- t.,4-z...1 a...l•toad•.t l am�+....aN.. -1...d.yM.r-w Mid tram.- .•r Isms m MOM r.hie. 1.1 ass a.-Iran Im Malawi I.Mwr:..d.4w w aiditten to tO.a'adjoin art.Y. .1.40.Mid.OMInds sdatia.' .r_ — omsed oe chimed y hem and maIMI.m _.(riy.- ). 40 +nR.m.r h_. TO H AVE AND TV MOLD tlr s ma l.lai.t I1 to. o parhhmo bon.- - yen.Om ear date fr ill ri M...h_ `.s Tate...: MI >•`!x-•.am Mead meate.eas moew thom.aO mop...,media,.therefrom.Mos :alYe. ... a....r.4 Mrk.I Ypaid hitb ap..r• amt dorm.Inca oar a.m. heed end Mead pta4aclis ream tear ash ...to.1 tare 4w Mall rer.m.led tee.a and an, t>,..pis p...a b lie pr therefrom. rot r)m.a d w a. L ....d..aoo d tae preens. hereby meaty treed P.lollaaa: p1.. Tye ammo abW.etnr.b tO.a.W d Mir her a meal,.Mr d met,me the pip.Mc to ehah L.ae f cement it.b 1b....! . h (li)b u7 la.of MI oil myna.a. and hen lf.Mead_memmm., u 1►e hem.a.em.my pay to the beer I«such me flare► f 1.)rofaler ate.m•rafl pr.r. 1 The l p.4.and'k�, .e h. '--n-�i M afar eta wl r ale 0 pye h..en mow 10.1. W) .Mal (1h>ol the firm Ma W.of he pw. s.rht.for a fro. ..3Ir .ad.hen w oval se MI than en Taffy a (1110.51 per I.each !melt wpa ....es•MI eery h I...( be b. M`de..e.The hits o Lave gm tree .n Cahn Item my p.w� the hard an Im d moms mt.rofmo ., .l.phi pally a laid _ MI by hie me immerse. thir.11.Me_of poem..... and d.4.. p,pteip...a.yot Im.me L To►r be..I..r' rra.al nom ;o4 sell and need dl .0. r..d aft Y Matt.a the l.•-,• lima and r. other the OOblb(A)al b.mirk.�.a. he m..lb ot M..&p.ahle meal,as Me premium b.p fry d fa.dmr ..I e.4y irad.t.a ninny d eta. m. If .p.an.. I. Me «a.m d t! Te lr..l a a mom..amom.. . rid had me a hal.re year from this Me, thin Iso,... .y0 tamrrr both ponds, Mee the Vim .y0. gin or be1.14. •••• r.a y en. 101. date. p., « intent. In Me Woo. or for W .how s veal( . M>•at_1letiosi►wl_-. —... ._. ,.,., „ Lo.eladl(Lot•laad) Colorado w rr wtr11M r ataeelas.'Ia0 he.h r I.a. .Ms an her. .... —._.__._ ..e.m a.d.hkh.hall tn....w r eh.drp...l«y / ...'�n'� r II,had,the sem N_._t1..Dpll...re *Ad._0eloo...... ..__. mar«+hm r = 00)e..er.h� �h sad ant ma a MI and gam Ill.1teas. H...•eih.e of dams'the.et�M.rn,d operations t•. the 4.44. M a.A at pee km mid dare. I.bb, Mr trrm.e.rme.l Of .plra1dm be the 41.10..4 d • ern •ur bc farther deferred me 1.4e p�1 p......., al.a tam a .+i..4 if ismderY.d..d rdrwd rye Me e.M,.u.m tvu re-6,M m w.. Me 6•.. payment. mom t 1y"M.atr1eaaa .payable m.Imeta.d. ba: elm Ib a...•.moan id emends, tam I nets.hyaena( O penmen.....Mane 051 1.mote by he b s firth d Mem.w w.nee thereof,mad.se Minn.on o MI ..the are f i stare Lera- u time mime deb..' Lie. More re record•rein—a rearm..a Ie.W Minty.rrn.W.4n hr ,....,h pert..a pan...(are M..1r.4 of a ,al ymI .may are..m na ender d d the area. •". pas la asol te berms ee.y,b.r,do.ea Sr ptgonum Mat the van me Y a a rehear.sae. s .mesh... ..d thel.as. b eremh pr ho. sw.r•Vaof i• a ,the p.ym nr trader d as in the `mom.Mann `•ova a bl M Id 1 r. b.1.r \r eel eda.1 the death d m amen Ab m the mum tn...Ld above.,hall b bodies.1b h.nr,dr.lmeen,e.acata.sae admmaw.tr.w-th 1. II as my.icy prom Me dir.n .r pr this land.rd den. the d this Mee.the 30.....4.0 l 7l•dry hob.a hal... ►..lama. Maim le `Maima.atN r+•to Me of nominal.opera...for the boiL.0 d a.A Mall he...mod b. h. ester. ..W pyl.,date « mended the I ese perm.el meal met he ammo••mad Ilan then.Mal comm.in Mom brow her.. ten,ante, W aJ It. rms. .b peradma p.ry.apb. 0erm/ .o..eef.. Me .. It.aid Loa mos a M Merest. Mr 1l Mr Mom dearnbed 1.4 M. .:.are ead..414 he h ate beton.Men theharm MinMind.Mind.to Ma be Ma the Ilea.only the pepana..lab M moms bean M M e Imh a.d .pare fee. ro7a11 c. and mule meuo d hhamIt.nes .Me d.o ,g..,od,µ eater Me.,....s Yid had tor in.yerel...there.,e..ept eater Pm was d I,Nm. WM.omen.by lime.L.m shall h«m ho ten Lem Mi. h No O.4W b.M.O. lb..AM Ms Y the boom a ley. ..ad Mem..,.mama the.rod a1Wnl of e.hrla..Le..«.►an pay Me Mayen a m.d by tby La mm.to ay.i.p amp mid had. right• 1 n.e>41 hom Me memo t u my l' u an mipeo ra.n,memo y,.er rtneree plate../a e.era.4 by hm.e..aid pmehm,i-•1.d41a lb. to pail .. It Mr L....Mao evemirone to droll a.ell 0..4..Ib ten.d M.M....w a.r esteem.rhned,t,,Lyre aka y..Ile right to dell iris .ell r ormanne ash n..Mal.'�dta...e are divest..sod if awl re ma,.a.1.....el Mee..'be I,.n.l a .e.Quanta..,the Mae Mail nominee ad be.hree 011E b►h.1 Olen .f I.sell 1.4 be. .•,ml...4 .n,hu e. d rm...M.rl0 101 m.n1i w1. 4. II Om Mai amino mete Im..o L ..1-abet le.4 Me Medea..4...va.n.in .hates fa Mt M mprary.30.011,the taw . Myna.bdl mantel •ate hem .de..a n.l..I. mrye..n a. anemia,Mar r rha,.d....hip u MA.M..I a m the.a104.or ..,.4....4,41 a he Melon. W in.m mold due ram M iY b...r aad t ba bar.1.1011.4 ,h the*1,11.,114.04.. r. mldyd ma7 1Iwan.1...l m Iamer This tem.r.b,4..e m pre-has.M.1 0.refire.M all...n ..r.. seep•^r..the.r./rrl...ion,4 dawn.awe nra. ..me m I.the d..,re...'r..ate by YMI.. Thme ere Ma .0-11oth mow.le so '.lj.,t to l.rwrh Me pan•I the L... ,dlov ren. animate Mat,i la Moth 1b hod,...fed by O.Ira.my br hereafter dnidd a a. ..pan.d f.,-.1..e.dare.bwl hoe.•Nletadeahr As...ade...'. 4 e eon. Imo.. It..bra..sel.wl Iha1, the mere Ian m a a..fe..d..M a pen a the t..p.hr a..1 al . Pam.•m a...am I.o.. A.M..h Mall y h ran.s put..ba lad Imo am►e delis. I.pant..of IIr nom...me pan law' at. rite Mr u.l ha..a �e m0401. , defeat e alai ISM ham m r.101 Y it nom.part v purr d..td t am II u y rem•then b a nt•Sr.era . .0.0 ter OM eas./.yowl.d.aid ra.Irb mo„1.11 ran.•..L.R.N.. ..10.i.a r•...rl p's..rted..1 In he 11111.th.4.I.,...•l.to reteim rash*. aw motet to rie*.O dam. .bp p mentil�ldm Iter.mdn.w asyntent aft pia~0.-ntd 4....... ant mom..safer.a hrhar..f mid panes are alta re.prnn maraca IoM. .rer:.1:w.,...,Mil .I..•r.M Iii oo 4.,end.a erwehimo.r p.mme.1 Me.h.....f.pnibr4 loads .h"her tad.. the nl rpm . tapeearu. 'I op.M • ."Dime.e a.MNm.P..,....s b. a , nvermsea.l authority aai. from time to m10.., with a..� mill,roast'. ....My. b plan a..1 a.wl oi. .eat.eimeM 11r t hr..as.4 boat fa w...d Mir tear M.11 he deem!` a .fRtect to p ...form ... b term, ...amt. .h pa.... .4 -h `o., p0..4 d..ehpl. t^I 4..eh.m•al aetratmt d fish.In«. Npa.N i.4..l hl ... Man Gore. 4.re I4se a.1, ru.vriary. 4 drips mend swam....aed lam has M�a a mere d, . b w".f 1 4 af mob , r.._..I.a1.. MII the .I the lam 0.. M r..t,.o.mean .m I. .. (01.14.self bleaae.1e.q....ted 1l..a.me%...m ... rend LM e.4 4..,C,•m of'e .at I.hei ltaewe Mat d M. 1...1 I. MM. w any pen. _•1 a.o.n'. the�If •4:1. � nl a r l.y...1 pow,TIT*mob ten.!....m.IhreM to pw1..,L. r.m of 41.1.Hall,4r the Wpodraram d r.mminitto Me M.Irm a•aM1raeM to diNeve.. • �bm'et.Z.;M 1mr•w.Ur mile.I.Maim bra.midis.Men Mr tt Yen hart d Iat I.411,4 tl.r 1L...I mod w m 407.10.,$,al dh1.44 ..W 1b. CS Ferments m.. ..Inre.1.:1:1. ..wt p„d101...only an tlaeu.•1. L.... .1.11 tertn0 e..K.ea.I.m ..0l pl..n.n.M,•bo-.m.l.a •.,a.at.,, 1;•M M rem, 1 appa.w.d I.r r..a.w.nwemntel..n,a 0, tint the mom moll•,omrel So Y/ T It 1e..11..,.to and mow e.Iwl.r.m.4 the lank yfwarssmia.II hermt,ham a.hereby mongol lb. I a.i IIS 5 .1.1 ,, pout .1 w re rho mead. le L. lye. Mar. l Mr Imo poetess renal m _•.• _ p aaM� lbeerl.... 1 .041, e... ..en l.. I. N4 ., er i. lib. Orals ..n. r..Yr..Ft I. mob ..r.•►ywa�.l �. A a 1.s ab a pa tier i.1'A,riam.��.y .e AA r rid roam of bow:. hear r-tem..I sue. Mewa.l. r I(.L for pnaye 4M..lopearet per.... d Ib pl.rim. M ...hem I,, ap.�P. t mamma r y, aemr./rI.w.Mali:+,or...Maim to N.t•,ae,d�mt..L dome..t d.nra..ma«Incen•MP ere..par:4 4 taw.t1 l.a$. 0 da.a'-a...b.M b ,111.00...fnl."•4••••a-f .,l.e Ire tb..rwt..w....altar. 4.11 n.4 b.t0.Iwl 0r I,..h.l....ed b.rn....d....... .pr lbw....i meat 1.0. .rri daW..h4. ee a rasa,lama IMnY/.)4t.a.4 other.tear., ,..p,,, r..t d b.l Any .b.:m1)why led,pp.aprapb his p. •-a t a h.M..1 and _ y - sae. d mob.... 4 de :, +-are.f pad...wa•, . d.1 ttara....... .th.flap fa e•.4. Lime I.-,.ha 1 t.0 lI a..I.Irp.m`t Mee mt La�i.r'.r 1 lb.reapers f th..h ee of•Me Manh.fd.r b. nears. y I«r w. ram . •I. of M.h.eau..w wLrb � -��W�wt.dam room{period.that.N} mare � Tama araer.are .en.1 rime etse mot •.w.rd 1....m m !► omemay d 1!.they .lot Mons- mama..m.Merl.h.L.. .lu ate aew Deer)'. Tp fah('.•f.hen A...m w..a e Menem... r ha 'W r rbwr l P.I nor Q.pnlr51 ar11 red awhether. • '•e a.e•a tom Mir,,..... wr. .....e0,.... wM p•� 1, ...- am w hammer. hlwmrlsme ..{dm«adAr.m M any •.the. dad M � eY,'!.. by..errs,ti writ 0 h...l Tb IMO. w0 �I.dr...p..i r.... oo .....n ,W;a:MM..' •t►yp..l.re fang froerib»nab ma.M.•11.1.. . Mee Mat..r..da a m a lb.. .)be dat��I se he d..0..,4w' palate.«..ail..air{mA. p.../�I�t r awaits b...j.- 1a and--m.rag a 4tg d this.modulo**M ae Ismaili se..p,as[nag .ma*swam mIMO ..TM mom.r{ ♦Me wM s.►m.r1.A.A r 4.rw r r fr.a,04-.a 1.r�v bwaw. 1.-...i a mar 4. mla IL *..� 7�MM.) Me betel wt . d Sea L.. peat..MJd ea.e.s..MM. P ...mfi.p .a.w..1 d ate ff.".411,M.r/Made wade 1b ream m 1a 1.Ate lomem..1.0a .,.. 130 p.hnNr.a year.,Yew..art -.ef r Ma real*%hp.• IMO hem are sago r mite.to.I...I-eE.w a eerie M►mom mum.,ale.V Me. ,of lilld id ail, are than ilsalm ra. Lea. .o-t.'..MAW..m,ten ash rte. nay M; L Aria.. '."laamyy am...410 q..al.1.44 tweed Try,~ are.... 4o.maishafts eMm..amad , .. ... r..moo f..w....«w and arils. Mayan. boor.*Si bow,d ppelm.•• wya prMle 4er.atdn .0y meow if L me iamb, wormalo w�mtmy..ar 404.•4 Deeds the M►en S.red btp.. .i�.naM sea per.Ar M.I..re. a w. .ream. ea pop .14 4.alms. ' r a Pam..0l r.lyM•, f*TAM.. arAaN. a••• 4 w e• roam the at...hwnb.d Imam.M,. ..M M /mh.ter4.s Wi 1..math a w *►MV me mss r.r.i..►Mown he r.ti/rM a w 6rl,rp o%mar re eweyyr.w«..M Pm.rr/may r r if. .....+Al yaw ppa-..tare may fan aft.nom.m.bra..mar 4......r, ..C.ecu•,lii *. Geattl ey M rr 0. d r a.mere bar tem.d. ... ...... .._oba leas.ammo*.O.*..*Amp of•,.Iels way am'. Mo.r ma see Wm. a .,+dam , .r.Lamm In.. .h.r w t ...•p ra.wW womb swam oaf moor 1+_. _I_.,p...1dM O arm me mom..... ... p...... T1. a ten pr..�..I ha - n..or.1 p. e...n..mm. r 1... .y r V. lr. 10.00 w 1-.mama pl-oaf rm.m +.sal• .mate....r Memo ma.as. a.w L.wo•1 n•. .em ii •.r e d.1.err, ten.d.me.Ha..lr r.e.b...m..m..4, .'per....+-ra.sammeM.s l... Loa fm avk �.t mato sew'e...w�r.Mee 4 3,/> - I • a,. 493 ' 141922,5 • y .pt airo"'.S''� t'==te a7:-....r`.r " -:Ar""ir`w'-..t.ri-...e i ir.s Y• �.ita.Tr.-7n,..sr .. w'lAAA i Oa efl.A'i..Ai aro/.�i..AAA..lea AA A...'.1'e.iS d AYlLL. w 44 ai.Mh.e�.itar wY met rte i Yw.W �w 4i.e i'a�"J iri0 I'�M.r 1f A%y wri4 1�s.I•.W to .1 resit at w Y a'.. r al. %M — Y eta"Y�.i rlWl�W�yYr1a •. L. tIb .sr low met •uY 1� �t �s'Ica.iarmi -i—w. Ira aramOrr'".+n oar w sA iwy m r ant ems rr u ar a.(�,./n/t.rt�i�ww..J /y��}V .�: �r daylik it c..— A G—W_ tly ... . .._._ J;..B 'Ga t Cool K. C1asettt�� --^'}� � -. .. -_ Ciao EY __ s . . Jaaaa On eLa N. ACOIOTILIDOMCIT STATI OF—._._..._. O.s... _Ay d— 19.. before me personify appeared._ _ _ .—_.._ _._.__.._.__. .. ..__._..__....._.. _to me boon to be the pnaoe_described m and whew aaavW the heea.htf Mainmast W asbeeWpad that__._.__ arced the same _free act sad deed Given wader my Mad sal and this-- —day d__.__...__.____._____.._,Ip__ ._ My Commission Empires_ tirrT►4 ACElOWLLOOsurf.MAE AND p{FE STATE OF_ _. .__. ......_...... u CaryeL___.._....._._......__..... _.._.____. On this- .... my d___._ _....19_before me _._..__....___....___._..___. __...... ...... .. __..._ tar bona e b.ate person—described b and who emoted te for rterwet sad acknowledged 'hat______ .._ ms the same as--free act sad deed including the Teem s o :the said wife bviap berg by s lay apsatirisedd be right sagthe aka of SAAR sad acknowledging t Given aim q MM and sad titia—_....______ _4>d_ . I9__ Mr Cammissiaa Expires— .. __..... . near.nebt: I '; % ,o r • , s • e x' 4 s pee y " , i . 9mo I i , I;' f � tz; w } V a ...1!� .``�'i v is a Igh lic g; t .. i _ - w COLORADO ACOIOWLZ$oflj T ETATI 11m ••n owicbs.lwad woo..air_.. 27th Se tneer 6J _Ay d_T_ _.. ._._ _..w_ ,It> J lat.Gaittrji Co .1La It._CIA net t. Jells I. Clain t*'glad Jun I. Oartza • W dacrl*A r.o._._ _. a • GRANT OF MGM'CIF*AT �.i +••••r,. S .•reed 3 s i ti a�11®OffO$writ mo. •f� a.e( tl. m.. bowl IA DIDIZT artof!.hot part.and W Lin=SO•,nW VAJSii Vila ISSN s dob maim(Thin DIMS Ls of Sad' -'-,e yRy��ys4ea Cita an'pofas a NIL i Rr174eQ1'R.at he and e ooalinton at the aw at Oat DAY(Sin nodeOn while sowYra1h W } area at-ha r half_t.SJ_.Ow Set sear blew to doghroard a d tea aid Whom w it he seat hal m Saw ads a.a}Nov:m=....w aaaass�onaidamt of wog.Salaamsar l nit*to arse#SoSal at s..Yr�[r Jr�r�at IM awe Ili a�O nos'" mg or EIS aaiS al -ieparhwore rah*sr as sass at remeapic Haler ar aft Y lei e awn fera a.Swear r sAasI to awe Ina ibeam. nod nal_brwy __ Na at W Hear ar w se Mir HM taw MS.erneS ad rrCC®eo of rid wort a W awl S°d w No at hod a i ban*past snag a Orr i 11 ht olio t a. iiHht • lime parallel a and 69• South of as North limo of tie following roadbed property:The West bat half (Y}) of the atehuat Quarter (ask) of Section Sin (S), arawp Foos (4) Norel. now Slaty•eilkt (6l) lest of the ttl F.N.. aid testy, CelorSs. TO HAVE AND TO BOLD ale asset w stet at woof as he reef ram.m arms w adn. La a. T4.Bret unties de they a with dthel teem'set that ..�;J an thwfaff amen t,parr at thew a• n eaue ase..arvr.A that they haw a tan w Ia.tsi right to it,or to pert,alma.that D i hat her aE r wm k.a w that they wIll lamer wsnsnt w ddetl the W4 Save aradala ISHfal Slaw at all arse d An a part at the madden-ma tar St root. the first parti.e de leer*,Shn say sad an daler foe yy hem whatsoever ears medental to taw Minnd the eights herein rnxy orapt payee to growths ✓ L4 WITNESS WHEREOF, the fire pasties bender*et hark n their h the day w year Lint as..nine y /J 2, tpas STATE OF COLORADO COUNTY Or LARi1QJl.l ll// �y Ti I .eet a iuua n .at washdw a.Si. T. b d__G______ — Ii.Y t_ 1. X. C'-LC•LC. _. �p bawl w...L 0� $.11:2). 6 COmmisvon nodes lanudry 23 136! t 4" / ,ice/ _ - yaill• • m"557 3i a 27s Ac.� 14'7ii(iSt3 • ._base.adaavn=:t; i-i j a Q r EASEMENT -+ FOR AND•.6 CLNSIDERaTIC'd. OP ONE COLLAR AND OTHER GOOD AND o %%WHE S CONREDEEtTIQaS, the receipt whereof is hereby acknowledged, 9 • =ELIA GRNTST,Mantor, does hereby grant, bargain, sell, mammy ea and release to TEE CONSOLIDATED HONE SUPPLY DITCH AND RESERVOIR CAI- c'a ca PAR and THE RANDY DITCH COMPANY, both of which are Colorado Corpor- .. atlases, their respective successors and assigns, a perpetual ease- ment 60 feet in width over and across the following described prem- ises, in Veld County, Colorado, to-wit: The South Self of the Southwest Quarter of the Northeast Quarter (E-1/2 of SW-1/4 of NE-1/4) of Section Five (5), Township Pour (4) North, Range Sixty-eight (68) Nest of the 6th P.N.S this Easyent is for the construction, operation and mainten- ance of the rain `concrete lined canal of second parties. In the event the construction of the said canal is not con- . munced by Nay 1, 1968. then and in that event on Nay 1, 1968 the rights and privileges herein granted shall at once revert to and be- come the property of the grantor, her heirs and assigns. IN WITNESS WHEREOF the grantor has hereunto set her hand and seal this day of ./y .,�� , 1965. A t. STATE OF COLORADO ) COUNTY OF - . h ss-7°2 . The foregoing Easement was acknowledged before ne this ,P day t. ^M+Z-•-• , 1965, by Cecelia Gentry. • f 1 e' •OTA�I1ia14s my hand and official seal. no s, G'e / r..t43 ` G '141 Notary Pic • Oi cammission expires ^y 14 /9l 6 -.4 • @` 565 z 35 52-2... Pw APR 19 19166 �... 1487,7Sf1 A..spoke - ra • I A S I N I N T 0 o t' In consideration of the es of One Dollar ad other valuable caoafd- a- es of the first part. by entice paid to J. H. � ad CIC9.0 MTV. parts ffi WRS0I.IDlTB) FEHQ S9YYLI DITCH Alm RESERVOIR CQIZENT. party of the second part, the parties of the first part hereby grant to the party of the second e part a peapetesl Easement over and across the fallordng described predatepreda situate in the County of Weld and State of Colorado, to-adt: The West Half of the West Half of the Northeast Quarter of Section Ma (5). to sbbip lour (b),Borth. Range Sixty-eight (68) West of the 6th Y.Y.: being more specifically described as lying iadiatsl vest of the Card lateral Ditch aid between the How Supply lake Canal to the south and Colorado Highway lo. 60 to the North. TM, Beat provide for vehicular ingress aid egress between Colo. Highly a No. 60 and the Sams Supply lake Canal for the construction, operation and maintenance of the new Card Lateral Diversion aid appurtenant structures. IN WETNESS ig31QI0F. the grantors have hereunto set their bands aid seals this day of April. 1966. STATE OF Ceti:a O ) ) as. COONS! OP LAHDO ) _ The foregoing inatruaent was aeloosledgd before me this ,_?_ day of April. 1966 by J. H. Gentry and Cecelia Gentry. Att _ •. •¢ YLT115S q hand and official seal. I : itt ecwisrim expires: ri'Oumoissim awes Feb.i�.1% 1 Q'•� ��,'• �rPV >7 pub,,.• Gr COLOp 1� - 4 x+A-- `her 565y 1487250 . (seal) z.. %t,nr „r . i9•i: CUNS31.IDAIID HOE SHPPLT DITCH +•• 1!' HESSIDOIR CODA!! = a •. -.c e• MPaeeident 0 '4 ATTHTT, g�. a) lit— �c;trao. Secretary' scan or oou+amo ) so. COUNTS OF IUBDfSt ) The Seagoing instrument was acknowledged bear, se this Ar day of April. 1966. to Jae B. Sloan as President and W. H. leirnes as Secaitary of The Consolidated Hone S.pplj Ditch and Hes.aeolr Ca.paay X74844 q hand and official seal. Jr oc.rissioa ezp'.rea b""" "aka s it y tie soesNint:%, 291 3 t•:• / .' aotar7 tt T Y Pi Dia '4 f e▪ a COO r • t i • ri OM . FEB 24 52 • nrramY..em-err rim_- +i.++.r M. Mt AID 11U1�lII�Li�;� "�""-+Y a... r``. a 1, Oa;bn' Yri�Y�. 014.1!.L own- mtna' • -.1 raw leas a mak—_aeea lames errlt, P -Ss agla - 1 Lea r magma.r ��eeU.��m al .ltd �� .fir 11/2Eeai `r— fir alga rw tart! re eer wr a.ISM/rrr arms ML ads 6Int esa tie :7a. " 42 sp Sims. 5, lstl/a 6rta. br'Sm'-6E an E4► s. r �r .......4• '444 er . .:. truss rat (mined d rich iYYa.)rest d the 1St 76s it add 42 61/► !w 10 r/2 t the w/L t tae sus,soma.32, Tama*5 dartk 444.4 61 ems or is 4- 1.4 6t. P. .. :O •�+ r.r.. 2.......____ 2.,,,... ______.__. Ns ,. ..'i .�:.irT'ir r'�•r yw� .t �{y� yy alga ant + .�. � �.a •.�r Ilr r rem: rfra=.1...�r..1 Yp�irr�f•i s_ia " . #.=.1=="..t.‘ ..r :�.' r r r �. �.- rtete tail a:r _ a'a.. 'rte Y.t Ina • ft ast nee On 'Kar WatagearWat ra i='Z.Vram • et �y ��r•.rr� aea..lg.rss.ea�e..s a . •Y`rlatalYrrr� =t Yrttererr ali•te �rtrerw'la i•'-'; garglas a alma la alga r r r.r,rr r area r Mr r_ Tot Old..en , .` t}O_aa alga brae esl��i r�EMI rest- j•+�rr�r rte.�e aerie We�er�.�+r�wle��.rr r •e y i tall Veda en.tar me IN =NW erns ll almaOligre Is las= a alga la imam raw •rreartagarage r reaerrr ' =new ew r irw lie t eat e. ewea Te are e.r salm • i a j �rZrr Walla :ir�L'rrs'rwr alley rlaantainree Yr Aga law Millelemailr. rstWieee...�yrr��e�r ��,_ _,—� r�•• i�iL �r�eTia=e�reer ar.�rr.T."•a rr�`�"rir 'tt.w�e..w . ammencsteary• .uer. ='1rrTrf� +�ie.�rr err a Y.lr rU Sae.cart we rae� a rata a se w ter.r . ..�" �� • ma �e yin ae. ,�a••a am bus ..+r'�ar r~a r a amass a..�er agonising e \^.anal nab be r�r s *T ref . ri alga rivermatm Ng ~war a�qa �•e are=a we ter.. aroma • grimfl r�arrteear.re. rrrrlgr treia.S lg�'ZLrrr r a ma 1�e4•ere t r rrl.erj r r rear wry} �+��Lar Mel ar�rie..w�rr:ra�T' r ear reerr t rea....:.f•rr .=rer`Ma daasp as ad sanatoria Vie. raw��w ra \alga=aaIr e.�jeeer.Z r.raZ 11aYe r.�ela�r a•r�.er Oafs�r�e evr r=ear r b S YY.rrrr ear rr r aareaee°r,"..e er. e..r.rtrr me Far r•1e�+• la•r w a Mad rates SS r•.r.aeana en lag arrr. r.a away arrrraaar.mr nesma mares gam asa sawem In a al amalgam r.r wr hp ar ee�.r.�ei.r�e an re `..ILm rare a s Pala la r _. aeaerYe; yar S VMS ryy�yyyew Yi w remama aerra San_arsC'.Oa.i at J\e ra =alga�r }area`erey,r� e- \areaJew._ ae lanky ewrrleseee -rrr a al. dal ea ay a^ rearrrpra�rm Sat rY r a ralr ele n Illei r rY eats sari a r r_�r.Ler1 err r. er�ea'laas'Ewa eY..rr•- S`rr.re'Criroasts.g' r.'t`alga4 are&—algae'in reeeeerrreeri�rT�.imegl arias .rareea tea. ae.. r erar�:...="rr` r_ ..e�rrersr''er...� r mar r�.Tat+ry r`Cr.. w'ammo I _� �r w.•elea pee a�,eeaaer�Leer •je rrr.s emir�rrrr�ee'er �_ r rceiime, er aid, e.�arrr.:e nor as ` Z^`r r errs br r a•le ..re rr r..�° ear e�tea r�ee�a ei—mon brare.�ara r 4444 r re.. r r r ar sewer n sae S lencioas at an ler se•ipieral Sit =man Was ran roan t� MaMereea alga *rr If SD ae ea r rereb er r r ee err q ej•.�Yrr.tr.4•.=r tae ..PPP 111�!!e. �� ylg "C . • • • .. p- a1is a - .-_'stk5 ' . -- • . kW ea 25842$9 � ` r. • ^ i, t .'f -. v.r.rt.;. r. l:: J • T om- l`-' _- Y :1•1- f• _i. r -? ,.,:_k_. .,:_k . ...-1.: ffh,_ -4l: • ?II.it w.. •1._l.. r _.-_I f �,. • ar r .. PaluiM§irill. %,TriaMAT. Ma IkL&MIS Ulf sadaI.aranw..i r r r � armOM am%adli.asrdarew am ' lar►si i Daft~dam rrwa,it w�7wII_._ isrrf.dYria mad mroYda��marr�rII/air r�rri Mg allinIll IMIIIIIR ar armor r aaaaoel.a s ans Ma awe War "S®t WW1 W W ISSODe co". +� Cari.a R . a�arbei Wm so ells '� A •� • l AD.sr_ �4ssZla Sada, art lima L Cessna I. CLp d tt a Dr. Jonas L Imlay El - I- .°P. /(c)nciel. .. r►W ad Weld ark l4'minimise weir ;VCr o xis;ol apes aC IL nu r_.G�... �w•.r ' j .; lalorI IlA7r 01 CO{ORADQ } la -Cana d Oland.Ad...k�rrs As loompap immure w atmrkA d lam at Ids 4.a .AD,D b t Was W r erode 4; - S • by-a.min' �w f� Ilan PIYe r ll 1 f e i I .11 ll' 1 q.4 i i if ! di i 8 I 1 I i i t I `I I F I W, • E i • i . '� 1 i i. 1 i ! i n! 7 E i I a = � I !J _ ' # • • 4. • • • K ; • .• 4t . s. , • • . , g c .=.., aswdal w�---- c'e ' SEP 24 1975 w 1�LQ690 LLM.- `coat c: o 6,0-..1 ). t, 3�� - - -- rn 0 736 a ta�4e . _oeif t o'clock APR 14 ?975 akto Rae No 185803 j. Lease No. 602726 11 CORRECTION OP LEASE DESCRIPTION WHEREAS, on the 17th day of March , 19 71 , a certain oil and ro gas lease as executed by Cecelia Y. Clagett and Dr. Janes H. Gentry iii and am Cecelia Gentry and James H. Gentry her bmbend,ggdnigen, as lessors, to ,41 Amoco Production Coopanyr" , 66 as lessees, recorded in Book 15O4, at Page c95 , of the County Records ofmit l.ri.er on and in Book 662, at Rea. I 1584318, of the County hecords of Weld .a+ Count q , Colorado , covering the following described lands situated in m .r> said Countiesmd State, to-wit: 0/2 Rt/4 Sec. 5, Towns.ip 4 North, Rage 44 west 6th P.Y. EXCEPT strip of land lying 12.5 feet (measured at right angles, west of the East Line of said 6/2]3/4 sr Stetson 5, sod 4.4%.] Y/2of the 6/2 of the SE/4 Section 32, Township 5 North, Range 68 West of the 6th P.M. cestsiniag 120 acres, sore or lass. AMOCO PWOVCTION COMPANY being sow the legal owner and holder of rid oil sad gas lease sod all rights thereunder; and 7NROpAS. it is the desire of the mdersigssd lessors to caned sad to correct the deocriptiea of the lands out forth is said lase, since such descrlptia as above at teeth does set perfectly ad adequately desertbe the property leased ad leteaded by the teedersigned lessors tc be leased thereby RUN, T*O1Ep0RE, for sad le consideration of the see of ONt DOLLAR (11.00) a had paid to each of the aadsrstgsod loose, the receipt et which is hereby fully se- SWIM'S ad tesfesued, ad the further caatderartw of the aerostats ad obliga- ting is said lase eeetaieed, taw wader.igasad loess, for the purposes eMwe set forth, hereby acknowledge end agree that sat lase sow covers end as iataded to ceder seta sad the fellawisg described lead is Larsen Coatiseitate of , Colored* to-wit: 0/2 At/4 see. 5 Tunas►ir 4 North, .aye hR test 6th P.V. ESC11, strip of lead lying 12.5 feet (tea.ured at right saglesi art of the Last lino of said eft hE/A -action S. tad ?5 w/2 of the g/2 er it* St/4 Sert ion 32, roundup S aorta, Mang* 66 Wed of the L" 6th 1.4. err 1 411' •1f fl /_. 121^ '-c-, S c yT.- .ro,I ," * 7tV € s e l :r 4 t y ��gg rT s a soot 1670690 • ..,_._ -. . 03 3 '2 165803'] 736, 749 3 2 And that such lease, for rental payment purposes, vas intended t. embrace and shall now be deemed to embrace 120 acres, whether or not it actually covers more or less acreage. AND the description contained in such lease, together with the acreage fig- u e for rental payment purposes, is hereby amended and corrected as shown above In order to show the true agreement of the parties. The undersigned lessors do hereby ratify, adopt and confirm said lease as herein amended, the same as though such changes had been originally written in said lease. and do grant, lease and let exclusively unto AML° PRODUCTION COMPANY, Its successors and assigns, the last above described land for the purposes and upon the terms, conditions, provision and agreements in . such lease contained mid to which reference is here made for all purposes, it not being intended hereby, however, to supersede or rate in any way such lease as to the land leased therein sad intended to be leased therein, and such lease is expressly . affirmed, ratified and declared to be effective and bindina for all purposes as of the date of its execution. TN WITNESS vintc7 , this tenant le executed on thte qO[ day of Axli • 19,x. USdnb5 x L. ed/ . aA1• ,. tse ,_ alN rlet rill L f i sa C • r.LCJV,rI ��y{ ._ ts• 14 „,_ ":---. .setrrl) ! A C C AAAAA c r The *phis Corrective of lases Deaeriptive la accepted by the eadersigad this //fl. 4y of 91_...__/r� , l9,$ yid rcoOCTtop tbent `, . /1 BY ,, ;\; [antra" 1 eet ^ i 18 690 1658037 di 3-3 j.a. COLORADO STATE OF COLORADO ) SS. COUNTY OF DENVER ) The foregoing instrument wes acknowledged before re this Rd day of in fait for AMOCO PRODUCTION COMPANY Attorney +_IMPRESS ay hand and official seal. o`,S i Ov s �� D s ti: -1 al p et, "At* ` .A jh writ c iyy �V.Z :c ta;.)! Public .qy� a lee}ejt expires: Security Life Building rr C#1114,re 7x 73.1373 Denver, Colorado 80202 IIMIRanc-COLORADO I ommen ansannairer Sun Or t,.waaw ) COUNTY or (It J.._ • ) ) ... The foregoing instrument vas acknowitlgad before em this _ 9Aj- of ___April 9� 15� ��dry by G .I w Vienna my hand end official seal. NOtar y Pubfic -'-T�_�'---- 9Cby-,by Conntesioa Expire': -n„ ?977 it yJam) 1\ -. kktt{{at 1 �1 4`k! 7 i t, i 4 d i b• r InINNIlC-COLORADO DOIvTODAL ACaiggmpgyry gun or tAnatfa ) Cary or Lane., ) es. 1Nl ) The foregoing instrument was eckacwledged before so thin Cu. day of Stall • 19.7.5_, by '`crei la Gentry angel fae.Ln V ilaeetr Witness my hand and official seal. 1,t•nw a Se•-.- Y .-411....:-.I.: Notary Public t y; by Conniselri�•t .... ley Co-':. - ,.:i,173 • • o r°°r '7'7"1 ...rid °�r.� was v....Nl 121976 ' a. ...a,..We.....a616 w 1693373 i .. 'dada k. ■.tai OIL AND GAS LEASE AGREEMENT Ma.W r•aerd aIN w, 24th N N._._ .ass Y2S,...__ by a Leda ass M. Gantry III and Phyllis J.Gwntry, husband and rife, and Cecelia N. I Clag.tt G John Wi. Clag.tt, rife and husband, of 1325 1Nat 6th. Loveland, Colorado 80537 GA- SUER h,. iu N L7S, INC.. of 618 Outside lei is averi....do o�`ar tEM 0{2 1 W -. ar N .Inhale caned In...- •.. Nat n armnSR78.lab a s hr,in ad r .ai einda a . ...._ ..1+sn_aod ace tr1G.9CLii_._--____—.D0lteltI_ NIr- on a Loa pµ.add N ad r heray ad.Maed W N a as a a,. m hnda.la aal ai a a part N Wean ad.t.a. it be ��W .d ad �r a la a oily mod.W In ad by dam pander non rap,ale.Ma W lm r S.aid saes,. Ci lam.11 ad OS ad M,Sg pap haw al yailyaaaat b. N . ......by atria pap►l.i l low ad W spa al nil� lrkti p.aa ea.Lr rd atria dew 4 ••yam a„l all dr SINS Ytl N y,rdnb WS . owns dry dab .. is S ie. Gay N D.__._ _ • Ta.abip 4 north. Range 68 Vest, 6th P.M. p. Section 5a Sift n • o ea nn attache rti al• d hereto and 3•00.2paated herein by reference and signed by o Sees for identification purposes. o r a d amebas 88.09 r........r kakis ST4a, id n -- .low tam dad at.had l i.sale. a.lens N ynn ha d••..W TM SI.Semen r d r pa r fah..N la i p.ad•rd ha need lad by a hr.SI.e®e a alma g la ardaaraar d a pia a•id v.err Wapa na luadid.d.nna eats has saga.ha el r S a sips lbw r.a55 hr a—n fa ai dial al i.tap e r aal r l a ad ha i lad data ac r Sly•••••r h+s r at MOSS*as ea ad w ham rasa data haid a a at as l MONO far sip i.Or hr ram aim Snai ad d g T•M ha area 151 N i peak acrd ha pa aid has•di al taboo al•in 1, t rat tan r as w dare add ad all a pea ad bar r ha pm at d era ha lop as r as w arid all gala aims r do a a ma aa.r ha maim S.a e�da alb a.i r IS r a W tea +,ar Baal IS.ierl is host b..ado•�..ahl al die mai^a i all 1.pa s.ei.ard ins ace el all ad need ad i pea.it N a al in mad a ad had a r add a_?atl!1.N___!!r99_-,—.pat_aria Y raiar r rbanells �a �y Mina r r• �r -- .�. a � -. : _ as _ __ rw r1 r„� -u araaai:adaaawara— Gawp:±a6apaa!aIPS,�mmapt aalle Gate td is a.lrath adaalre - . �I r am phi l aft a at e r raa t Rae Set all nisi Baal ear Nein al.rap ea boa at aalwa.all Ike r Sala•ea a al gab*••a..paid .sin hr i.drat bra a a e�la Irma i daft a a.rd Yap a i la as ad aiahrra d at std Una sap aata dal W aaadaaiatampon lab a arm ae ram a r a8a t•bmag axle a a4 fib Indral�s IS On Slip Soda�a O eV a.ar r•albs aiu_de _ rapMra Y.a_iaaa• at iaa• ale. a~irr N PS lob r Asps d prat.6ar yadt rt�� ape al aaS ilk lads iw as stag a�( aY as a N�In i as ear s lie m. t Rrayia bare. IN deal ea.aasr•al i d.5 r i..a S Y..b S SS ae dp Aa ear rr6s.a a�.•so ieA Mf ad S.a ._spat•i add w..6Yraw as b all drill say.r r SW Mk dadap•par r a hind.d••be Nat SS ^a a awaraSiito wear as dap i••••••t.d i gmrt Is slit SSD d ee old ar bur •aae.as hew ar:ant r_r aadn r r d son Sea aTrar=st so isel Per awes none slabs Sim a t al•w.pwY el i NSW ra al nb la arias earn So Y•i are aye,••So Sr ar rid amt se added r edam aar is asap al palms r mai a►ari�hf Nab i alai as lain a Sir gaala sleuth alma►of Ylf al a ail Ina Md• eared ai anal eaala ad.ai amp has aarfllapsafhaau •anal r A.tar alt tap af.a�ey afar SMa V�.raY ar aiaaIda r iiaraai ha isaii►h.aapa go barin oodad aYi Oram ea al Sag apronsai at rap aka gimme ad SS'SOS aW.sar as frame �e alb sped N elf. a a r lie ape deli la alibi a4 ... raa4rr aar•a ri i talc fi a{rrartrrarl_eia.r•.alias mar diaYaamb odhaYt• iiMaoodia.F asaaapppppprrraaa Tat m a..d ad adds eat 1a•mar aid iii i eat•I..lade deal aldp� IS af a a.aa.t 5 W NeiS r tai ar ace aaaat..I anima la aaa.'5 ladle aasp der all a SI SW N a ISIS SO a.�rdd=r�n:a a Sea as err r r.i Oa r...p a� N add*aria•la Ear a a arir Saga Ind la a se a alma irh mass ea.as thp Nap o.'_ Irapadal magiadd a see ore a at Saar i ar v float ad_tali OM MOSS dada MOMS SA in rata a i r saw fwd as,i it ar ha aid N a tai boa aaaadI air i Yrr a aagmaa twat alga i.ices as a has d ea a as ad ea...Sand a ad had a a oat as.amp ma a.Imo alb a.,ntai.•N art loan AO now a pia r ar ma•sae as thisy a spa lira a aid stela aim a rim r dram W..an Si* Is.,dada par Y Orden.a.ma b S a ma S eye sr by a S.S Y b S pa S.WS as Ara al.al ram to tad ash as.rio hN pa a hwr.to•w r r a prai.a mar a aid as al a la mar h heat pane r aye ad r N a alas a dada aar.d l ih ha es man lean at bad ha two ammo h r wars Sane as a ale bus Ss Y S.dale br a s aim pea....►ea* a i ell .alas•i a r a.afar N ar a a mar ad dada dam armaa N a a ai �ira••wit.,tams a seasa r�paa..t.d..Ward h a iii ha aid ar s attar r ra al.sr r a aYaaSs a..a—.-.al.pada+aa as a al.a r a��aa�ma r i.darr N al S. -r.loaf N pa. GC algae h ahr�pr•la s sr r Se r Nis S S.SS N al ar 'l a bia_N a a laails lc Gtr Is SINS,panted aAO.da a r r pas teat SINGS,.delta•Shalt ar r r pas iwi Sai pay all bp dad at late area a is is a i airdwia hr is anal r spans W.aide_a pad saga A.alas N.add•sera as al a pas ad.l ranaop a�an.•S.at S.tea k�• . ad.dream N S.ad tams,a l LOOS*ea is e,N So S A...,.h.a dab yapSse ri papal N awae.•..dial►gale aW aardrai alai I.�p.a.he+ra i i pyrtha S.Iowa Sa a d rd...ad ad a paid•law pi•'Aran•pmdad Maw at le i rd,h.l Y ara aaa hmi ma deed b S.ad ha•i ad rap i ■i as N Afar par hoar h.earl a a ado,•.dada h fah r Span in aerie;it a ear load as awed•ti Wm apasaa 5a a•wan r alma S.a ear is a sap mil as ad at at.aa N.arm r s da .hail be bred a air all an a In...hr v.h.miS4.Y• ha la at W,.a..a a soda app.wads W S S had. acrd S••e aaabathe be saga a•a pa a pa.Na pea ante had.ad S.nanoa r saga al a.i p.-aim•W S a d a Malaga papa al a..snaps pa al a.a t.ha lam at as.all piny dad r air r dais r sat ti as S•in a I spas•par a as a .M had.ado a add at r a a ro.had all Rabe dam paa•ar alma tai A.Wad al N W Wan S Mob r la an,all mama oar al a►amnia raft ai ri.iaa dm San add "...baba haaaild . • tom 771 a.r Sa4s 1693373, a jy Sao Ms set assert s r b prat a et rdsw . beat. 40rear•+�rrr..r- Ctl"" wa et au by sN ma emote•v ate a resew amiss a an Aso.YWesnwY.s►da.Ydrsew.wr marts.aolael a.,ne . Y.wiauraw • beat d are sse Same,e..a.las s maid rl....... has,al b baby sod ties veld .set dl w Ye.1 _ i__.era/r tar of een et dais.a-.el egg a a N.rasps--44.i leas.a rriWr arras srac► teen bwl;ad era l gab .ad at l tale b•w al l.eri.r Saab SA.as seabed elib by.-. s aids Y a as M On sssba seas r m.`dvea w a.ar�YeW ra..1Y.r M S.Yr.i. Illy SO law i.4*r 410 to evakas..ide.raJL SNIPS=W Spa (I) al.dl oases'vas the tars at die Ia.. rd,42)of dl mewed tawsn dee.arlry w.w0 aide a 4e word vas rrl lea II all al a.a wi.d Se S.lad I.pew=it tads le y ed e4 this lass i.0 etas ad I.la laa..W ewe ear r II sea well W 4e e.srlarN Shia the rs at less Iwo nod is ear ay se say bee earteedet y se sere. I. ever ort w•K is ask er i.part.A&Waal a walked a"Ise r thel.r,..W PISS•ranee w Leo loan Os W pa Meta,dies sae thy read.S..seal...d i.0.e ratap..rs.yawr.•Learloan beet O loses Wtiatdds ay.4*at Loot dear a wasd--s.War w do to S..r r r tieYid ha 'Ma V know.b y rota saytoss r Ma the Mer alai Seim dasNa,a era r a tee.WS bat We.1y r er Se r owed le die lee el i yVmslrrsrair Oryi.4.wdeadSi44awarwde1..Ywryms.b Ss.W4s► TY.W swami aa.a at_ dna el was W Oa w a buss relabels bale`1. wawa kea r!ball and r ad a Yii•p a Y.WP.�.`W a ley ea yes ie arts vela OVA (dear) UMW ----' /l`i ',�` •C,,.app�yCj� ItltdLl //"'� w. C1+9Kt: Qf3GU _ 1SdU d >ts m o I &taat.l..+.�>��.. a or. ks mliadoat• fi0.r W Ir eta p6Vea thatita } a t5'&. it.. 76 „at>r sops_ IL mag.ee ea-iota w ct q:tn-___Jog r 1. Paar` saw"isth ."Iwo Sas ad chair mass r alba ad r a`a Ube a aria paean--_. saw" a Sia ea fen al gas d r a dt___7lr� St..n I easrawWidaa W/adodearaV "tL tiq 11dd� ST 0. t oo l 4iaa at • ds'-_- '•r.ewp haw la ad a aid('ampWOlpaa a IIr'edr__ �_.—- _ —.-_._Sr • an-.parry sit_ J ar L frizs Ili ad Pt 2 t —.ra Via r ld MS'pada --. al_,ham ra p`r ad•aa al d atom dsadal r ea r ard.V — 1 + i Up Ca fir. I / I ao !� bad r id+ i if; • i I: � I � ' PI i II f 1 F i I if r " w � � � 1 £ am A--——- -I it actitocurilartas a dr.-._,..heel '.".•ra ran;bra alas lar a eh am.al my r b Y____ hash• __ r.�.r&.•daa.rrddararl*sold raa.... r r dm al id a•a lamas ad ands Wr al asset Inns .r a Sal al •�+rdi�ds and Wapar� --- -- - ---'--- - --- +•'-*l old Y.maa r l a la MINIS at mad era d al a ar ad par ha aka flew NI Gad.- • - -- a.4YMMsass Saa • Oer BOOK.951 RECEPTION.. ._ y1„. MIT !'�I TIMF.g1i.7 MART ANN FEUEISTEIN, Cler and Recoekcr, Wald County, Colorodo4L_ i lw.f.. —care a r.t.e else w r r Me Is ' --tee See S 1•24-01as Plan Ina.0• Oil and Gas Mining Lease ' Tuis Amman,wy, Entered into Ws t6•_—. —Sick ._ . ._.day.t—._Qctaber_.._ A.D. i9.HL terns James...RI_.£5nS1X-_Ill..1LD--and ohyl I in .i._Lentrlr h,.eh.nw _ ndylfs,- _ and Cecelia M. Clagett and John M. Clagett, Wife and husbaS,j5, and SkaerEnterprises, Inc._____ !••.area 0063 Xrp•dem eta: .. T•...�.................... .one thousand two hnndr>d 0 rW a•I a,aaa r••••••••boons.4......•rr !r. n1 Jun an. I....5 s....,ao 5 .r spad an r swoon Snit pa•beer.i.•a/.er a le. •.Y•are a1 a seta•a ra.••r r r r.•s i n�mar r.•rasa—e •....� ai - Y.rr.W Parr near. .1 a.•rr s. i na..n..✓t See parr r.r r YeX A ,� rill nra,in rr. • West one-half of the North Past one-Quarter 01/2 NE/4) • la Imes S s 4 north air 68 lint ...saris_ pa a am=•ta 1 rte r w arses a..aalr t♦re r In r•air•a le ea ea.•-- ar a a.One rr a r p..•.• ride T.Y.•w.Yr ar ...f�l"b .else r t.rats n.•.W 1.e el el. •. ...rfY=i an mooe-a.---leasa .-ry.r.�r re re rrern an Os leeImo Oa I sa.�aaaa.r • Yb.-- ire oar serer measles r. !• .r.a...w oweIles3� 1. .....e W r. ••Was ea owe~l..ei S�► 403 in �.ep..a�,y��ant a�t l Thr be a la.a r• r•a a.a•a re•.ar le .. isass t•.w e.a-r.Ira —be ea IMO in J vole-—1 Si a s..p Y a Y•.1•r a►MI .+rase la sew +.r. &-itt r r r.r•ao re swoon le lin`s&•ell •• `raj I ••.a Is edeol••.aer•a a a en•r r•-bee n 5 e.•obi•••• �•••• •r pea vile Os.elms•••a paw r✓r we or•••••tie la.•ba r/al r.s.. Firs. rational_ sr• a�r� w v:tr.= e r pa Tr.i.•.r ar �ppliiiL•.ie.�.t..�. a ••ar rase=^•":Lieter^� rrrte• •Ea n y�� • Lip ..�.� ►=.3....Ziti.wi r..7.��al•'aY� •tr•�.•'rar~.r OS•rte�. —.` .s��r r� •is aflame O•—or a—ar in ly err se r lb.44•212•r••r ass_—✓.nom le in —•log• Yi --oa fen se �vre a`sa•.�.'r- —..tea.-wrr...a• e ow•.a •�•.t see a a es e�.e One ai es wee earl!r r a.erne a~el r�. . •^r r�.r�..re r r.e .��as.r...�•r_ a�l•.n...ra ass be ar.+•a a is ^ .-SI Sim, -il=rs�..tr:••l 4b. -r�. ..ii.r e: =ere.;. ....a rn} ram. - r..orlon.w. s • l e 4 rl r r r r sass nor es w r a r�... Irra e s...Z.Z ear er r. •• ra•+a:r�.•r• D. Al.•war rraa.rr went=asso:a.— nape•w sear.Via. rase ..al��.a.�►�baa�.ry S)14 parr •tit roar..✓•..•a a a.•_rya b.•a.=...."..."=3.rasa••sass.._mares ••.l a 1..:.i.•ed •�Mllii a teore�r..rreenn•r- r.•r a�a en!il•a_r In rear •.rasa• r r..sea air I.w.• .easels a... w••w.-.a•e+ta.aa•.a—r r on ya►�'�.e'.Mi sass lZ.'Lerp.l.e�a-r.areZa a .. ••••.. • ....r.s a are:CI:=• ". Z-IrY Wiwi nn ae is tr�eeVa—S.—aa.e SO•are ma ain l rr urea ni=.3.......c"a�tzi+rrr'r Je.•.taiE A a`•��eere .. t r i a = } an = goaaaaa no o s`.rap�pay r•t.seer •-•r. y .t •.i ire sr r e.. ►.pa rr•r 1.+.s_ .--aai '. .r.e ` a•.pr••••;• as—•a.a lee •r Yo .Ts_•ara.w�a.:r M• a A it a so S.- �r al Z•e...��ar r�ee...r• .iai i��rlrl�ri.jeTa le le=tab otil• a a - . � _ r w as a r rra r parr r sass••✓, r err r-S r parr.a Oa De • ��a e•arrrare se rrreegaa•••as.e./er•sea arsea..r1 Pee..ay►.. M 1.►+E+ ern.a r►r+.�►•.r•e....,e Is no r en r Inflow..ela/aie— ellie +l,_•frt r ow rm.�ar..-... 'Swank l 'air-err be es r r ow* �aaa�r•r la• r tr in ell a Is ea arse r-- warel•r r Y.ia s a en/aY leer`wa else is ea r•••lr, se wr r.par r+.r r..r�a ..i.,►e rr..Wpa.r a..•• ....ei•rr.a.•"Yr+..r.r..�"..'L..•.T.~�Z�w�.i'i....•S'rdrr..ale a..rl.a w aarre..r SEE EXHIBIT A . ATTACHED HERETO AND MADE A PART HEREOF IN WITS wttnsoe.•.M s.-.r a r lea wee teat 1. n^- :/ _tot+._:, n/. CL", 1, 7r -- - Boo* c,� stare or_ II ACeNOWLOIe r' Canty 1 Faff•hi m ltri W Oahe, Lera, N Reaa S.visa Neis t BZ IT REMEMBERED,That to run b of _,A D.11— Saea,t Nan Pak la sad to ad Cal as Sa,p.aylly apaareel S a hawa to be t o Matat pew daartbd la a who m tad W ant sad fa..das annb t ad ae nolead a r that — -'the as a few sad away sit ad Md ht the as ad purposes task as an. a Wanes W>ens&I len benat*en ray anal Rata sad ettlad ap rea_nid sal,the a ad par 141 Nat. My a aaJdee eelt.a tdehaf Peek CORPORATION ACRNOWLIDOIfyrf RATS or Caen1 a Os the dsl at A D.If__Nolan no pare/appeal to r pasaaay brion she,htta ha by a flea dub ser%d d v:Tlet le t ths__ Intraatf of the Cap.aW aaartd le aad ahls Rana S Ias.l.f IS the aal Sad I. aM a rra be the aneatet eat 1 aW Ca, .a an that all aaaaat tan and ad aid le babel 1 aid Ceepa se hr aatha l°1 its Btad 1 Data ad al •eieelad.d a bonteta to he the ft..ed an deed 1 aid Caplet IN WITNESS WIE RIO►I bon Mato eat a had a aural q wand al a the day a l.s S IS aYesa that shave ans. N,aralinee spin. __ —.1R, _—.-- Were Pales RaTi9► NOTaaT S AQ IE sonLRDCO -COLORADO aVe_lead bas r din __4 ¢ rll 1 Ci.f+1�1.✓ .y� ILtY 'IS Phylli ratty. heeahaad and .ai T< and • X11C�jllagtttttta ne and John N. rlayart, Wife and Bahama VIII IN ar COOP . .tae ea�a.I s roach the. r as •tie a. =. .,.ems:a tar" T..I Omen Mawr a Rasa.^�. a.e.s.. de sewer-..+s�t.n a_ae ee r .ae� AA Iota 'aa'atr ealYes �t I f II I t I y I 1 I I ! 4 'I H ' i i f I I e I ii ! l g t ' I 3 i i f ' f I!₹ I !! l ' t 111 I i ili • - iii ; 411 ' , 3J . i Ali aQI1owLncaslIT_m AND Win run or � 4.ar a a O.tW a+ _ .L_ boa a pa..4 aaa aa1 r r ban r he a pan_Sala In as aka the'seines Ina Jai maw of Plo yataree-I-4 IMa_— M. Deo ea ad dad,radYW 1Y ears Ma a asnwl ltrog Rea haat the al.Y.banes has b r owl Wad at ha ROM as ea ea el . Oter inia ay aid ad as AR amt . 1L_ w aeeataa ale _- Ifsan Pelt • { I e ' , .a • • BOOIc9 l PR-fPTION 1872.552 3-3 EXHIBIT 'A' Oil and Gas Mining Lease dated October 8, 1981, by and between James B. Gentry III, M.D., and Phyllis J. Gentry, husband and wife, and Cecelia M. Clagett and John M. Clagett, wife and hus— band, as lessors, and Skaer Enterprises, Inc., as lessee. 17. Lessee agrees to commence drilling operations within 90 days after completing the drilling of one well on the M/2 St/4 of Section 32, Township 5 North, Range E' vest, Latimer County, Colorado. If lessee fails to commence drilling operations as set forth in this paragraph 17, then this lease shall terminate and lessee agrees to execute a release of this lease and file same of record. 18. Notwithstanding any other provision of this lease, if drilling operations are not commenced on or before December 31, 1982, then this lease shall terminate and lessee agrees to execute a release of this lease and file same of record. tensors. /3 in 's...y� - SUQ 87R�RtI �•1�tf,�w\ C`9 L.1( Lessee. ;,„ B 1117 REC 02058722 06/26/86 12:32 $24.00 1/008 F 1777 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2O58722 NOTICE OF GENERAL DESCRIPTION OF AREA SERVED BY PANHANDLE EASTERN PIPE LINE COMPANY CONCERNING UNDERGROUND FACILITIES PURSUANT TO C.R.S SEC. 9-1.5-103 (1) (1981 ) Pursuant to C.R.S SEC. 9-1.5-103 (1) (1981), Panhandle Eastern Pipe Line Company hereby FAT-notice of the following information: 1 . Panhandle Eastern Pipe Line Company owns and maintains underground facilities within the County of Weld , State of Colorado, for the purposes of transmission and gathering of natural gas. 2. The general description of the area served by Panhandle Eastern Pipe Line Company within the County of Weld , and State of Colorado is as follows, to wit: (See attached or accompanying system map and list of sections, townships, and ranges.) 3. Notice is given that Panhandle Eastern Pipe Line Company may place additional underground facilities in the future anywhere within its general service area described in paragraph 2 above. 4. Anyone concerned with the location of the underground facilities of Panhandle Eastern Pipe Line Company within the County of Weld State of Colorado, may obtain necessary information regarding the same from the following person or persons: Name: A. A. Smith Job Title: Area Superintendent Address: 635 N. 7th, P.O. Box 127 Brighton, CO. 80601 Telephone: (303) 659-5922 Notice is further given that in the event said individual is no longer so employed or retained, contact should be made with that individual who occupies that job title with Panhandle Eastern Pipe Line Company. SIGNED AND SEALED this J,3 a day of 90,7.E , 1986. PANHANDLE EASTERN PIPE LINE COMPANY BY:�/c1112h►t� Sen or g _ epresen ve Weld - 2058722-1986 Page 1 of 8 B 1117 REC 02058722 06/26/86 12:32 $24.00 2/009 F 1778 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO STATE OF COLORADO) ) ss. COUNTY OF ADAMS ) The foregoing instrument wa acknowledged efore me this Z3tti.day of aunt , 1986. by Shartni1 1. Pfn#cr Panhandle Eastern Pipe Line Company. 004tNNWy ,'' ,sF;• N4,'+ WITNESS my hand and official seal. F •.. ...•yo�P Notary c i My Commission expires: Ape;' 24, INe3 Address: (03'5 N th. r K�►t �p �pbpt 1019R/pg20/gw Weld - 2058722-1986 Page 2 of 8 B 1117 REC 02058722 06/26/86 12:32 $24.00 3/008 F 1779 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WELD COUNTY Panhandle Eastern Pipe Line Company has buried natural gas pipelines in the following locations: TOWNSHIP RANGE SECTIONS 1N 64W 3,5,6 1N 65W 1 ,2,3,4,5,6,7,8,9,10,11 ,16,17,18,19 20,21,28,29,31,32,33 1N 66W 1 ,2,3,4,5,6,7,8,9,10,12,13,14,15,16 17,18,19,20,21 ,22,26,27,28,29,30,32 33,34,35,36 1N 67W 1,2,3,4,5,6,7,8,9,10,11 ,12,13,14,15 17,19,20,21,22,23,24,25,26,27,28,29 ?0,31 ,32,33,34,35,36 1N 68W 1,2,3,6,7,8,10,11 ,12,13,14,15,15,17 19,20,22,24,25,29,30 2N 63W 5,6,7,8,9,18,19 2N 64W 1,5,6,7,8,10,11 ,12,13,14,15,16,18, 19,20,22,27,28,30,32,33,34,35,36 2N 65W 1 ,2,3,4,5,6,7,8,9,10,11,12,13,14,15 16,17,18,19,20,21 ,22,23,24,26,27,28 29,30,31 ,32,33,34,35 2N 66W 1,2,3,4,5,6,7,8,9,10,11 ,12,13,14,15 16,11,18,20,21,22,23,24,25 26,27, 28,29,30,31 ,32,33,34,35 2N 67W 1 ,2,3,4,5,6,8,9,10,11 ,12,13,14,15, 16,17,19,20,21 ,22,23,24,25,26,27,28 29,30,31,32,33,34,35,36 2N 68W 1,2,3,4,5,6,7,8,9,10,11 ,12,13,14,15 17,18.19,21,22,23,24,25,26,27,28,29 30,31 ,32,33,34,35,36 3N 63W 19,21 ,28,29,30,31 ,32 3N 64W 2,3,7,8,9,10,16,17,18,19,25,30,31 3N 65W 2,3,4,5,6,8,9,10,11 ,12,13,14,17,18, 19,20,22,23,24,26,27,28,30,31,32,33 34,35,36 Weld - 2058722-1986 Page 3 of 8 B 1117 REC 02058722 06/26/86 12:32 $24.00 4/008 F 1780 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WELD iOUNTY (cont1 TOWNSHIP RANGE SECTIONS 3N 66W 1 ,2,3,4,5,6,7,8,9,10,11,12,13, 14,15,16,17,18,19,20,21 ,22,23,24, 25,26,27,28,29,30,31 ,32,33,34,35 3N 67W 1,2,3,4,7,8,9,10,11 ,12,13,14,15,16, 17,18,19,20,21 ,22,23,24,25,26,27,28 29,30,31 ,32,33,34,35,36 3N 68W 7,8,14,17,20,21 ,22,23,24,25,26,27, 28,29,31,32,33,34,35,36 4H 63W 3,4,5,7,8 4N 64W 10,11 ,12,13,14,15,16,21 ,24,25,26,35 36 4N 65W 1,2,4,5,6,7,8,9,10,11,12,13,14,15, 16,17,18,19,20,22,23,24,26,27,28,29 30,31 ,32,33,34 4N 66W 1,2,3,4,6,7,8,10,11 ,12,13,14,15,16, 19,20,21,22,23,24,25,26,29,30,31 ,32 ,33,34,35,36 4N 67W 2,3,4,5,6,9,10,11 ,12,14,16,17,19,20 21,22,27,28,32,33,34,35,36 4N 68W 1,2,3,4,5,6,10,11 ,12,13,14,15,23,24 5N 63W 20,21,28,29,32,33 5N 65W 26,27,33,34,35 5N 66W 18,19,20,21 ,22,27,28,29,30,31 ,32,33 5N 67W 5,6,8,11 ,14,15,16,17,19,21 ,23,24,25 26,27,28,30,31 ,32,33,34,35,36 1019R/P922/9W Weld - 2058722-1986 Page 4 of 8 B 1117 $EC 02068722 06/26/86 12:32 $24,00 5/008 F 1781 MARY ANN FI<UERSTEIN CLERK & RECORDER WELD CO, CO • -� f e i. k.4 :Iiji i. t n l n { s t t A e - ; Di.el tarn ` / -a.Da R t11 i9 411 line r. a4 e 9 Ri r r of, x t i e i 1111111. 1 ii t f 3 3 � a I a i + i { I 1. t I -r I t: it 11 f •441 V+ i i 5± a e r + a IH—C j� - . .1 e . I - .. • _ •__ _.. -. __.. .. . _ -.. '. i a I rt." i I • i • _d i a I 1 hr. fl t -- Z . I i \ R • d T ,t1 r I. 1 4 (` _. I �. .ia l._ ._ a — I. I if 3 I t I I ' i` 1•:. i- ,J •i I .31:y ` �\ i "jai t - - �---i -- ++� hi 1 f i - .A.i nx t a t� .' ,._ -..J.:42, ''t I If iC. I+ 1 I .f? i a I - 4 i, ill kip n • L i 1 4' i 1 Iit t i r, ill 1 + ! i iial rl'.. 'i- 14 ja 1 \ I + il,ii I 1 r •: t1 i t, d - is I1 , ii . i L a • I- I ' p1 '4.1 a' i" !•_ .4 'fi I- i 1 i� •i . �;r � 1sL1J i a i Weld - 2058722-1986 Page 5 of 8 0 111? RRP 04000742 00/24/04 124)2 044.00 4/000 v 1?e;) MARY ANN FKUU6TRlN Pi,RRit 6 RRAARDRR WILD CO, AP I 1�• :t-A • '.� • a _ f - I f_+ i,t " • 1�►. J . . i ; • 41 a 1 + • t • • • t • • a la. -- L /* 44 + • • a R , 44— — —fir r [ C4h • • s • e • 'a ' --. • I • • • ; Si* • t • i e it I • 4kli • • • , r 1:t . ; t t , r « 1 • .e i - . __ I • t a . Ip1 1 7 . 1 1 e e if r ' j ` e t r 1 1 ._ , --P— .,c fib-- - . __.1.._ .,1 1 , I • I' ; , ,,,,,,,.,;,,,,,,, ,_. ,,, b , ,+. t --- —„--:-. - ----,-74 , _ ! .) ,_ ? „ et. , ,_, , 2„ .,, 1,' i - ,, ,: I,! I I.+1 t4' i �/ i fly,'f„1 1 ', lip { r t -40 3 t Ili I/I t* _..,'r_s _.: —„ r I tjt V1 1 i 1 i I .1- + Iil! 1 z 'r i ' . f k' • :1S 1'3 3 l,,----- , -4„ i ‘, z+, . ,:.,v it 'it r ii Ca'li ..--=*,,, - i CE • _ F IIdiot. ate- ,-i; -• - � - 1.ri� t t _ ^7 x , t A §• i•1 i,} T, : .3t. i I:! I i'i tfi r f 1- 5 `- 1— h 1 I •. ' ' -_ i 'a- .� ` tfl ' � .I�j, I Weld - 2058722-1986 Page 6 of 8 tt 111? hit 02088?22 06/26/06 " 12122 $24.00 7/008 k 1793 MARY ANN FE I OtktI N CISPX 6 R?COROfl tv11L8 CO, CO 1 lR7r ' • • i i 1 �1- i a �.' ` fi:...1rd , a, , • s fiii ' i -1• t X11 ' di _ ._ __ _I mit ,I i , i it 'I" �t f t 1 g ,i � 1Thl 11 Nt it r " `.. i`.i'(' 1d . --I 1+ 1 tJI •'k ' 'i 11 1�'i 1 $' • .! i JI . �° . • 4,t. I ,.14 t t N,. l `' j ' III ' • p 1i+` • . i Iin I�' t 1. J • s I Ir r iil l,l, is i •, i •. i tt flit .I i ' �;�, �'. ,l • 1 l+ ``'` t "i II! t 1 i°1 i es- i (i '' 1 iii + _ .} —i•,-c � s..t. ••. ,.li•I r t! ' i ; i lifH. ': • i •I \{ _ 'f Ip I� 'i 4�'• t. I ili + 21,-T III, I , (I+ �•+ it : 1 t l l I . � 4•*• li, ; i ..' la v I.l P,'1•' -C•, . : ti ig4T '7 �11 l, • , i �.I�, the = i !'. It , d; I , f{� , •id t!" 1 a .• I: I 't. ' i • 1! fIIt. • i �I. , ! ; tI '' „.' 4 , 111 '' , �— — � I _ ta v1►•"i[ , ' i It!, 1-i1 i' 1 ':1 1! aX1', ' T�ti i •' 1. .. It ! - !f E 4 I , t.. + i t i lk 11 t 1I --r--�_l ii'•�1,"'e-- i �--Y :;,___I-.21;i4 _ ,::::1).; h f ill ; !I, ,I , I , 1 •' ,t• '• • - I • I •t : ; I L.4•� t ,, i of h e - r•i . !i : 1,-.• i (: i It a j:i�I `I z`_ _.1"—' ' ;..vim`... ,i __ _ s :, . n�� • . Ji . ; :4111- iii �_ C "� k E II ` 'f:• _ `; I , i� kf''j^sa 1- • I i i°i I;•?•-i! i ' e ( I, I I r.ti _ _ C. 4• T U! f ! . ,.1,./.1,;:„..----. ✓ ./ �p °t„. —,—Ili $? el I /^ _ C.. 3 ' °� , lJ_ J:�f�af �L s �' ir:i �L l%.la !�I� •ii- i, 'i: 1�; _ -ill l Weld - 2058722-1986 Page 7 of 8 B 1117 Ric 02058722 06/26/86 12:32 $24.00 8/008 F 1784 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO k: rI ttl " 7 RIP, :141 : .... 1} . z ' • I i t ;(o'di! i .' •:f r�►. 1 1 q ,•t �_. ,— li! • 1� ,• ' ip. . f f. �; ,;. ! f ± t . , - j: � :•.'! i. • I! . �,,: •t •ilk 1 , • 1 it• •\% .! ' i ,. if di . ,.4• s• y ' f • 1 Vie.. 1 • ; �� U lre f. 8 :I� . . ' i;• . f : f1 Vii; �� ; i I t • i ` •'�; !. ' s • Ii , f Tf .i It i• A ny•3• ° • 1 • .1 f. •!•1. I • • •I! , f f I !.; ' I`Sff j: 1•__, • 4s- �f,1 Al. i 1 i »I j 1. v., • I • et• i F#T• '• 1: ' . • i 1 ita '''. .. 0• f.i i I. le , • if� 1 f ii a.i.f v f ! . - f . . .� - ( : r1' !f' , i + _• _ —F , !' 1 s . 9 t it 14 ▪ + 1 . . a + �. : II i a CC • I ', 2I . .d ! - i i ;t I , Weld - 2058722-1986 Page 8 of 8 111111111113110111E IINI0 IIIII III IIIII 11111 II 11111 NI III 2842457804/231200100 D 0.12:22P AAsS�RA CO la meto Li 61 NORTHERN COLORADO WATER CONSERVANCY DISTRICT JANUARY,1963 APPLICATION FOR CHANGE OF CLASS D ALLOTMENT CONTRACT Book 1064, ARTICLED-FORRELEASEOFERL4TuIacowrRACT Page 245 6 corrected by a Certificate of Correction in Mellon 1:The recants a Latimer comb/.comaco,Mown soots 2212 ,Page 640 or Flm Recaptbnd .the deaapla a bride to which a Olsen alomwl a 40 eon-lest of water was,dead by the Board of Dtredon of Northern Colorado Water Connivent Diwict.Said Wale ate deserted In Section 2 of tie Adler. Senn 2:FAST DESCRIBED LAMS See. Twig Age, WIE4SEI: Less bee. at SW con. SEISED; N. on W. lo. of sd. SEISED 275ft, m/1: E. 31ft: S. 05° E. 275ft. m/1. to S. ln. SE}SEE: W. all:. S. In. 46.6ft TB: Exc. Bk. 338. PR. 471. 32 SN 68W Sedln 3:The tnderdrne owns a al potion of IM awe-First Deacrbed tadr hereby Nn In neat for the arise a the dbnanl and ecmlrparyve tsa men horn sad 'First Oseaped Lands'oral the disposition Thereof as Mkaid in Arced II snap ill a this Applralon. SIGNATURES OF ALL RECORD OWNERS OF RRST DESCRIBED LANDS Signature* Addresses REFER TO EXHIBIT "A" FOR SIGNATURES (Signatures nub be adnowedged In space provided al back a this torn) NOTE:The signatures of any Menhaden will be redbird oay if dial rieredfoer has given nonce lo the Maria drain is had agedW the leap and weed or waer only in eccentrics with the Dines poky dated Seplanaer 11.1990. ARTICLE E-FOR ALLOTMENT OF WATER TO LAVE Meden I:TN underbred owns of the twenties'Second Donned Lands'hereby loin In INS wraith for the Purpose d assigning the bandits std skit- mere canna end a aasio IM anyey tax lien to the S'Second Decided in Lends' the amount end to the extent drown in Seaton 2 a this Area A Section 2:SECOND DOMr®LAIDBcenpe (enlds.wd,awplbn of Wine Described Linde 9a peon athe ahem w bb rdereptd werelo.Mao.was dwcnpaona any ether and math aster ants swwaned.) carder Aare Nana d Owned Ditch Land Description Se*. Twig• Rge. Peet James H. Gentry. Home Supply W}NEI; Exc. in Bk. 632, Rec. III. et a1 #1553761: Exc. Bk. 1009, Rec. #1942690; Exc. all exist. R/W 6 ease. 5 4N 68W 40 unmet Applicants epee that me blown,tams end comas she unto log wawa damn contract wem'ee.As from n Coder et The Bored bored teal the application: (I)Aperients EM pay tor Ms amount of water contracted and Maud hereunder by the Dowd of Metdrs a Northern Colorado Water Coroenncy parts ell a no to be rots aswWy by sold Dowd for.adh ambled so teSaded. (2)The dinned area aria be la beneficial ere of water as a supplemental irrigation supply upon Me haninabove'Simon Deserted Lands'and the amuel angst theater VIM bean en upon said lands.However.the use of the wafer atoll not be tinted solely to the described lands. (3)An sere-Ma of vats as referred to Iran Is dared as bare one -weetsidlMterrtousaMh(1/310,000)of Me cony of water ame*ly deterred by the Board Of Duran Of die District to be evMMN for ddwy'tom the water sure of Ito Districa.The water dMvey ob5gaeon of the 01*10 shag tennis it any entry pant from which water is released from the woks of the Dona.Further.on November 1 a each year,any water adelwted from It'.anal Wally Men neon to the Armen!Mall revert tithe wafer urns a the Dead. (4)Applicant sumNors,and assigns sloe be bond by the Water Conservancy Am of Colorado: by the Rues and Regutsens of the Bed a Directors of do Caret end by the repayment contract of My 6.193B between said District and the United States and all interments 1Mnot and applemeds thereto. (5)Alpkianta,succours and assigns amen agree That the rights of the Bed under the Water Consedency Act and enforcement of the Mme of she reyaymed conned shall rid be Inied In any manner by ankle X 4 20 of the Colorado Cannon. SIGNATURES Of ALL RECORD OWNERS OF SECOND DESCRIBED LANDS $pneNes AddreYY REPEL TA FJRIBIT 11811 FOR SIGNATURES (Sign atop must be acknowledged in apace provided on back a de*foam) ARTrLE M - FOR menryw THE rSC*.r arose IS*5TH..HOR OIlER TYPES OF CONTRACTS ARE TOM MADE FOR ALL OR PART OF TIEALLOTMEIT DESCRIBED IN ARTICLE L (eednn I:Names a Wain Or persons ttsnddy to apply kit a mend comity any portion of Me dolmed described in Ankle I which and assigned to lands in Adde I. Fee Nunes Addawl Aeet ce ORDER ON APPLICATION Al pates Mereaed We the Date ablm.nl described in Anon I heal hevng made appkiaaon for a read.and Melocaan or banter or 40 acre-tee of water and ter the pprtproa Serekin of M nvienp tax kin:end air a Hump by the board of Direaar it is hereby Ordered her: (I)The anent of 40 aae.feel a hereby removed tram►e ands deserted In Article I hated.end the aeapanya g tax an a (2)DDbpositn'ate released Wm said 40 sanest involved n Ma peaeBn Si be Yldbwa: a. An atldannt COann for beneficial um of 40 ace•teat Is hereby made nd a tas ten 111erelor ehel hereabr abut to lends deeabed in Adds ll in the amount.b the extent.and.alder Bib term set tort in said Ankle. b. Assn negral pert a this Ceder, Me President and Sec etary of the Dakar are hereby authorised•na WARR IO.xecuts tie appropriate akilnent contracts with the entities or personsnamed in Amde ill for the bneficW used •••KrrNheLwWr. .. NORTHERN COLORAbO-WATER CONSERVANCY DISTRICT • BY I hereby certify that the above Order was entered by the Directors of Water"fancy District on the 9th day of March A.D. 2001 ATTEST. ..er-!/ ,� !! Weld - 2842457-2001 Page 1 of 9 1111111 11111111111111111 11111 1111111111II1111110111111 2842467 04/2312001 12:22P JA Suki Teulmmoto 2 of 9 R 45.00 D 0.00 Weld County CO Exhibit "A" Signatures of Record Owners of First Described Lands Signatures Address at 7))-) .7 e-_Gi_.. 11? /L6 )c f' 4 .-2Uh i6K..—, James H. Gentry, III -51.9r, Ll � man STATE OFColotab() County of $tfl1 1 The foregoing� instrument was acknowledged before me this 2 day of Ct1 ALu, 2 { , A.D., 2001, by James H. Gentry III. VI ermisext Enos 10123/2004 wwmbw,CO a Witness my hand and Seal. My commission expires: 'PC) AMANDA SHAFFER NOTARY PUBLIC No Public STATE OF COLORADO _.__.-._.. _,Weld - 2842457-2001 --- Page 2 of 9— 1111111111111111111III!!111111111111111011111/III/III 2812167 04/23/2001 12:22P JA fluid Teukeeoto 3 of 9 R 45.00 0 0.00 Weld County CO Exhibit "A" Signatures of Record Owners of First Described Lands Signatures Address //�� --zier_ // /1 Sheryl cheson ��• %(3J U' Wit") 2//41/ 7 STATE OF7A14-110-494-1 County o €.1 tt /e. . The foregoing instrument was acknowledged before me this —a—day of ,7(e-42ca-411 , A.D., 2001. by Sheryl R.Richeson. ��// Witness my hand and Seal. My commission expires:14(4 Lam,,,,, Notary Public ebi apses. .�ai = la: Q J 0 34y 0 Weld - 2842457-2001 __. .....__Page 3 of 9 111111111111110 1111111111111 halt IIII 2842167 04/23/2001 12:22P JA SIN Teukamob 4 of 9 R 46.00 D 0.00 Weld County CO Exhibit "A" Signatures of Record Owners of First Described Lands Signatures Address }kJ' , • 7033 A* An if Thomas D. Clagett 1. „ ` ?.tea 3 STATE OF A/ kan s as 1 County of YLGIO.S c . ) The foregoing instrument was acknowledged before me this ono day of Ftbrikart , A.D., 2001, by Thomas D. Clagett. Witness my hand and Seal. My commission expires: 8/13/042.... ALbettfr. d. Witte 0_ R�' 5 v: Notary Public CetleU O(1145 0 U;5‘• Weld - 2842457-2001 Page 4 of 9-- 1111111 III 111111111111111111111111111 III 11111 IIII Ill 2842157 04/23/2001 12:22P JA Sold Takemofo 5 of 9 R 45.00 0 0.00 Weld County CO Exhibit "A" Signatures of Record Owners of First Described Lands Signatures Address C G• Gait 730O S.W. (GSii'' St', ►� m-.n, 1 F4- 3315 7 Jlagett G. STATE OF `�la d Q, 1 County of i'n'^`"; - `L 1 The foregoing instrument was acknowledged before me this ?3 �� day of Fcbrv.w�y , A.D., 2001. by John Clagett. ' '"� sandr C. ,a :: d r� , t3. rp ' % Commis:mop Wn.p. sews , pao�My C«ommaon Fip.09/097N101, Witness my hand and Seal. My comma ia�a�eoec> >�«•sw= lam! Notary Pub c Weld - 2842457-2001 Page 5 of 9— • 111111 1111 11111111111111111111111111 111 11111 11111111 2g��R04/23/20011111.11:2211 11'Weld oSoq co l oto Exhibit "B" Signatures of Record Owners of Second Described Lands Signatures Address r f CA,ta4 lti/ Jc1.- C Sheryl R. cheson &SW- ?0,..../c, tat STATE O County of The foregoing instrument was acknowledged before me this '24 - day of NS 4-t4 -444// , A.D., 2001, by Sheryl R. Richeson. Witness my hand and Seal. My commission expires: �Y:0V • otary Public a9ticrrr•:.t;urfir comet sal oa.exgtree a /p • Q O, S 't ' Weld - 2842457-2001 Page 6 of 9— 111111 IIIII UI11111111111111111111IIII 01 111111111 11 728ot 9 R 16457 .1 0.00 WS Coolly CO JAM kamoto Exhibit "B" Signatures of Record Owners of Second Described Lands Signatures Address %-%,lam © ileit ?oat( Ann hi, Thomas D. Clagett L i H re R&k, AK 9.2 .23 STATE OF AtkitN34J ) County of Pa 1 The foregoing instrument was acknowledged before me this 0210 day of re brluu-y , A.D., 2001. by Thomas D. Clagett. Witness my hand and Seal. My commission expires: ti/15/042) �a �rtabbilittV 6 . tOhe czi+ Notary Public ry�. 66\1\ .. Weld - 2842457-2001 Page 7 of 9— 1111111111111111111 IIIII 1IIII NM all III 1111 IIII IIII ' 2842457 04/23/2001 12:22P a Selo Ttukamoto 8 of 9 R 45.00 D 0.00 Weld County CO Exhibit "B" Signatures of Record Owners of Second Described Lands Signatures Address ^.nn 7300 S W. 16 S'1'1' 5t: G G . C" ;nation . , PL. 33157 Jaett G J STATE OF FIOr'gg4. 1 County of m1►►ini"DAP a) The foregoing instrument was acknowledged before me this . 3rd day of fcj*$ HJHJH tnim HJAf! V-tkrKgr y , A.D., 2001, by John 94 Clagett. NttG 'came iWitness my hand and Seal. My commis ,eg,..:. .ti,.,�r,,: .. I»»»W»S»»h»IY Yyv. f»»»y,» Notary Pub — Weld - 2842457-2001 Page 8 of 9 burn tin 1111111111111111 2842467 04123/2001 12:22P JA Sold Tsuksmota 9 of 9 R 46.00 D 0.00 Weld Cossq CO Exhibit "B" Signatures of Record Owners of Second Described Lands Signatnrya Address '1 jj<77yt[. Y✓, /7/ /0io7 4f. 2ghIxtitle James H. Gentry, Ill ' I(,I J d fib STATE OF Cu inn-11- n County of Wn� The foregoing tiinstrument was acknowledged before me this ` r `day of Ff'ba-Laf2\-1 , A.D., 2001, by James H. Gentry HI. farms 10967 haw 899. ViehLi,CO Ka/� Witness my hand and Seal. My commission expires: AMANDA Sl;ArFEjt NOTARY PUBLIC / 4L;(/\•,:- blic STATE OF COLORADO 1 Weld - 2842457-2001 ..._ - P... _� age 9 of 9 r COWRY. RICE"^^" nt hAaYTN r I IIIIII IIIII III'"III II'l L!'I�a III ALIT I"II] 2885034 09/20/2001 12.10P JA Sold Tsui:am* 1 of 3 R 18.00 D 0.00 yield County CO NORTHERN COLORADO WATER CONSERVANCY DISTRICT JANUARY,INS APPLICATION FOR CHANGE OF CLASS D ALLOTMENT CONTRACT ARDCLEI.Foa RELEASEOFE%ISTNGCONTRACI Bk. 1053, Rec. 11993540 and Rec. 12842457 Becton 1:The neon of We4d County,Colorado.show at Book .Pape or Ran b ran s a Northern Caaram Water Conservancy.the description of lands lo Mach EOSirla seemed a 90 awtaw a water was ordered by the Bled of ercy District Said lands are Warped In Bean 2 of Ise Article Sean 2:NWT DESCINEED LANDS Sao. T . Rea. W3NEI; Exc. in Bk. 632. Rec. 11553761; Exc. Bk. 1009, Rec. 71942690; Exc. all exist. R/W & ease. 5 4N 68W Salem 3:Theunde sped wren or a portions of the above'Re Demote]Lands'hereby Ion in applyig lot Pe release of lie allnhnerl and aompenWp a,Ian from sad -Feel Described Lads'and the deposition thereof as Indicated Ft Adkis II ands El of this Applcalon. SIGNATURES OF AU.RECORD OWNERS OF FIRST DESCRIBED LANDS Signatures AdMaan • REFER TO EXHIBIT "A" ATTACHED HERETO FOR SIGNATURES (&Omar«mule be awrdwtadgad n spas provided on bad of the anal NOTE:The signatures of any Sudden MI be repaired Only a Mel Wanda has given notice to the Maria Metalled is held apsnal the lend end wain o water only n lomderra MM Me Ochre pay dated September 14.1990. ARTICLE E-FOR ALLOTMENT OF WATER TO wax Sateen 1:The undersigned pole N Me berateabw'Second Described Lands'MOWS loin nlhb applmpon or the puWae of 1aeyhinp Me herein of the slat' meat conned and the atcontanykg tax lien b the'Second Dsecibed Lands'b ma amoral and to the anent sham in Satin 2 of this Adde. Nedra 2:SECOND D LANDS (secede reseeapbn d Ale Daac'bad Imes*n a porton of re dement blob,nertgiad treb.Also.enter description Of any MSc lard to edit eels le to be eereMrad) Carter Apes Nome of Owners DBM Lad Deaerpten Sam Tep. Rga. Past Seoldn 3,Appaowts epee mei ne following tears and condemn shall apply to any want aamnest contra"when result horn an Order ol Ile Board baled uteri tats appacalorL (I)Appeeana shall pay for Me amount of water contracted and allotted hereunder by Na Some of Oradea of Northern Colorado Water Conservancy Mena al a raw to be Mane annually by said Board for eat*acrrlpse so ebebaaed (2)The Nlobnwd antral Ilya be la bnehdal use of wafer as a supplemental bgalion s.ppiY upon me harelnabomt'Second Described Lana,'end site amwl dupes therefor eball be s tax lien won ad lands.Nonever,the use of the wale amt not be Wiled solely to site described lads. (3)An are-ba of water as referred to hereln a dented as bairg am'mree-hmdred-temmaNandh(1/310.000)of the pwntity of water annually declared ly ma Board of Daemon of the District to be aveable br delyery limn the wan apples of the District The water deeven otAgaon of M DMnd shall Nahaate al any delivery paint from Mich water Is released from the woks of ma Dialect.Punter.on November I d can year,any water undaeared from Me annual partly made avas.Se 10 the Applicant shall men to Me water a.gppes of Vie District. (A)Moment si:tenors.and aesipnt shall be bound by the Water Conservancy Act of Colorant by the Rules and RsgSwian of me Board of Mean of Me Diebicl:and by the repayment anted d Jury 5.1938 between sao District and the United Sales and all arnendttenla Mena and s.pp*nenls thereto. (5)Appinnb.ewwss0n ad 11Mess exams*Nee that the npss d the Board under me Water Conservancy Ad and enforcenan of the terms of said repayment toning Nall not be limited In any manner by arude X§20 or the Colorado Canerien. SIGNATURES OF ALL RECORD OWNERS OF SECOND DESCRIBED LANDS Sgnaurea AOSesan (Siphabma muse be adowte0)ed In 1paa pro dim WO of Me loan) ARTICLE NI- FOR ID►NTFYING THE MUNEAPAISS.DISTRICTS.CORPORATIONS.ENTITIES OR PERSONS WISH WHOM OTIMS TYPES OF CONTRACTS ARE TO BE MADE FOR ALL OR PART Of THE ALLOTMENT DESCRIBED IN ARTICLE L Satan 1:Nantes of melee Or persona miming to spy bra conbaa ooverkg any proton of tla dolmen described in Area r which Is not aagnsd to lend,b Ankle N. Names Addressee AM Fete CITY OF BROOMFIELD ONE DESCONBES DRIVE 90 BROOMFIEID. CO 80020 ORDER ON APPLICATION M patla ilereslad in the Dana anok"wM dacaed In Aide l hero hevnp node applicabn to ate release and relocation or tenter of 90 sae-tea d water end for IBM pp rposte alasbon of the atealrg ax lien:and.air a Heating by the Board Of Directors,I Is hereby Ordered dab (I)The anent of 90 waSeel Is hereby removed horn Ms lands described in Ankle I Dared.and Me ameaan4hg as San Is hereby Mora ed from Sad ands. (2)Diapoaildn of M 90 arrfeer involved in sa aplcaem shall be es tolows' a. An eaon.ant contract for berteaeas t e ot are-INl is Mosby made and a ax lien ihallmr ands hereafter Math b ands dapbad In Made II in the mount,b the eart and under the and set bed In said Ande. D. As In tagrel pan of Wa Order, me Proderk and Saeeary of the Diann are her ,ey_ajMaR00 and crowded b encode dm appropriate asdmem maraca win Me entities or persons named n Aida lei tit e M a beBcal use of 9D e NORTHERN COLORADO WATER'CONSERVANCY DISTRICT • BY I hereby certify that the above Order was entered by the Directors of d On tl» 10th day of Adgmat A.D. 2nm . • ATTEST: d • Weld - 2885034-2001 _ _ Page 1 of 3 1111111 IIIII 111111 1111111 ilnl 111111 III 1111 IIII III! 2885034 09120/2001 12:19P JA Suld Tsukanoto 2 of 3 R 15.00 D 0.00 Weld County CO STATE OF COI DRAW I sI Corny of e0gafillid The foregoing instrument was acknowledged before me this .__c.4E t day of July.__ A.D. 2001. by James H. Gentry III,., .. _ � •t Witness my hand and Scat My v mlmc'lo• /ncr�ptrc 9/L%1 it- Notary __ Public STATE OPtgfluR%9S MARYLAND, I.. The foregoing instrument was acknowledged before me this �f day of _ A.D. 2001. by, Sheryl R. Rlcheson .. t; FO * �IIt ail 9 Witness my hand aMl. •=�a • y svnuniachm /e ' . Notary Public (4/C7rtrks STATE OF 6Yf*t*AMMQl ARtf*td3'AS, Is: County ol —.._..__.. 44'The foregoing instrument was acknowledged bclire rye this . --- day of . JUI1 _- ..... A.D. 2001 , by Thomas D._Clatlett.. ....._.... .._.._.--.._....._..._----...._ _.._......__.._..._._.- .Witness my hand and Seal. My •armuniasiyn •expires. 9C...L6 Notary Public STATE or'a0tSna FLORIDA county of ._- .._. ._- _. The fitregoing inuruinnn was acknowledged before me�ths CPS. ._.. clay of July . A.D. 2001, by John C. Clagett7 pAaA6n0 k"Artiiac On t.e.... _---`.._--------- ---- Witness my hand and Scot My anmmissi xpi Y !xl W00laigpNlCCnIl1 I .._._. __ Nary Public _� f�l ElffeEg..u 1L10kg Y�,'' enrxnrunra.r.an NORTHERN: Cr.OP,ADO WATER CONSS'c r.NU DISTRICT F ' &> 79 LOVELAND COLORADO 8O5 Weld - 2885034-2001 Page 2 of 3 !MINI NIO IIIIIII III 11111111111 In MUM IHI IIII 3 3 R 15.00 01 0.00 Weld County CO � a 3 01 Exhibit "A" Signatures of Record Owners of First Described Lands Signatures Address 1 10764 North Zuni Drive Westminster. CO 80234 Jamesentry Y J ' ` . / 1 �f{.Q � 1111 . na •ane asileMD 2114 ah v1 �/ / Severna Park, MD 21146 Sheryl R. Ri eson 7024 Ruth Ann Lane Little Rock, AR 72223 Thomas D. Clagett G 7300 SW 165th Street Miami, 3 FL 3t11 57 Joh . Clagett Weld - 2885034-2001 — Page 3 of 3-- a a, f 1 fri 2t [ [[} �i it` ilf it Pi; kt{tf,' '1 .1 '80111 i'tif1 1 f if ";.•` ,' i e t. '4.1 1 i i r•i3 f{f j tt1 I l lief 1 t 3t iflit' isll 4'!i '''� . s _ 3 4 { +i { F f, tr i�9 !{'tE � ilL 11:1P,! • F[ .xi:• . fg , +� rilk 0 ,.i . 1 !rt 1,41 t x3.3iez. 1'd'!!; i1i itlg r" � { (• f .FIll • liuI'II ;i> ' I {f 'r . � ••• - 'F it rp ti 11;11 iliiiifq j i' )1 1 I _ ,-- .'.'„_. .7.--\lil Sl cif Willi �[; {[ '3 Fji1��tY�=t;lj} i+i :I�ao� -:. : 6 I i lilt >Ib bill: Ia 411 I i If f ri1 d ‘111 r "III t'{{!g� i{i{1 1 10 I!t! ±� ` 1' Q I . t# F [ x't E),i!f ! F { f {E ff il• i 6fi.t t ll j �, 11 s . i ll 's;t��1� f of;.. '!ht j1�' t�Ci +�itF�•��i i,�.t�r�#�.f> i ffj lflai( 'I'd; fi it �_ .,,i'j , _ `•'' a - #1 F i{t! {ZE fiit3 #t l�ti1{i!`c{�S i1 F a �. A•. .::t,t•. •. •• N I , e y C":` EE . :.--73;0; I I -_- ii • Ji 1 RIRI I ,M7 •oew .9 li I O wl i r• 1 �w7m1,1 '.ri ...,.\..Tel 2444.2 8 1 �� MF r ' I 4.44 I ci ill 3R): ; 7I R x cs K8 _4_,aiiiill f'-,---_I'' - r i WI I ► / IFa3da II i I ig CC. :I'll! , 1/Ld s4 `ft, I I i �" u+Eif:.� M -� �f Z25''1.Z `'1 All ' 44 I i% in•r70r • SOZ7S'00T� 1 3. 113`W jap 1• t 6 / 8 R 3 i L K N• I $p t L� I W = tet Y� 9i L .//I , k t ,, I r4 i :.= rQ- is 44 Iii 1 PE lip --, „. ,[ cr4 1141 ' .5i Si!PI Fa A :;t tt[ if r Liittii is W E—I "{ rA n) [ isn.w �•� U m • 13 I 90730 1'L /-1 Li V 0 _ di '.: I . 1E !Off ;�II�, Fi z VP. i'1 f+.' xl .�..t �Y�fr st 3 iF '4 -[ *4i .3 •' 314}[ ..�s i#' tf 1 ; ! J rii}i iyy[� i{ t [ssin a ff [tic , 4^''4 ii t . Er,.. {ait i t! Es7;2 Ji : f 3} x} {E [ F t x' \� E)) 'r is ? i 3: ; -.gr a no, is:, i�f vi a f f!$Iin e i F f1}z[i °I' f' At ylt {i • t�{ 5�" t F J_i I1F tl:t i '[ i xr �I F ti if i[ .ii . III ;f ist '°a: .,a iFe L CS $i ! f i! 4 I I L.u � • ® VII tiT Lt III , [i3ic xiti IF t if $$i !i r it L{Fit$ }.t VII ' 11111 1111 MN 1111111111111111 NEM 11111 3209914 03/18/2005 03:54P Weld County,CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk 8 Recorder also known by street and number as: 1609 Highway 60 assessor's schedule or parcel number: • TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right, title, interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s), heirs and assigns forever. IN WITNESS WHEREOF,The grantors)has executed this deed on the date set forth above. Francisco Garc la STATE OF COLORADO ss. County of Larimer The foregoing instrument was acknowledged before me in this 28th day of February , 2005 by Francisco Garcia Witness my hand and official seal. .My commission expires: .y Cos r Notary Public Name and Address of Penal Creating Newly Created Legal Description(g 38-35-106.5.C.R.S.) No.758.Rev.3-99. Qtrrcemat DaED Dana 2 at 2) SKLD CH 170.88.218.106 WE 3269914-2005.002 (4 • ; 1[Il�l�> AL DE$ a! fa6e h — . 1224S21 trall An hi Ws Pine 1 l _t._S e. 1oe\3wd. O gre air+...Of aas awe Pee Ababa .�y� aw a d h .e a n - ' °-trees. ._-_._--------- Idi9=a?.__ Ad Is W W s erns—Ad._J .Aram.+._Ow ASAl si Aldo b al rierst b.L d of ._teig Ma.n seA.. Asa ASS sot aiu _ ___-__- _peas 11. Ow ;Ia_Ut___ ---.. ___. r S?7.Wu_Detr�4�f1�a�M�i sea bat OaaaalA i.i..r ar r a r tl ssd = \Y ka ---- r ..a r d t es re a...Aa.fir SSW,r ad US ad.ea ter is Midmost ba ti.dd.•rt award no war-._ _. .._MaL_ _._LtiAR erne t_zolosto _ _. A•.ae Taneldp k sera. 4np 68 sat et the 6th P. N. J.atsaa 5e1 l5( 151 _ bo are r a Aqaba S Me Ask t laps Ad w at.t Oka r is pings. 1 weber sad aaerrbr odd no Ilarail P.. ad Aker uAw► d wbnd s r. a Owens.s0 the wilt is aarwe Iron AS Ara d 1 O.a.'sa's grab'.sod Ads+ma ltat.ari OS as e on Wiser 1 to rat:A Swirl T►r solo be sow sASes r swr AAA s+. r sq ha sr— r a.a..iw-p ea- a id.t-ai .sal N 5ar 1. .rd►wwewe a .we•a.r k Swig�irwr�ad IPwd OA bake Gas s•-teat a d ell f W Awe flee•&sa.as td hwwA 1.*Aiwa As air n d•a W t.aea- sill.sass. woes ab war.1 w1 era weer r■sows b Jew a..at.i land two ad sibs Si dens bat.ara+• It tn.Gnaw.Awns W Ass A as abr an sa aWAe of aid Asa Y.wsw 1 t side.awd I la ns tad w As no Wended art Grraw r w S.hoes ii t Gans ors to errs wei Attar sraa.—r r)A Assam_*nu fat ad swipe aaa.rrl t aA rrSA bons ta...M W Ss..lr are tSA Gas Soar OJ bone*spa se awe Owe b.sasens At AS Grwawf ti pment.ass parr Haas.r.ter bar...Os A.ws ar.iwi Set••••age r Pole.- lard A.S.teL+_..0.a 1 O.AS Assert TO taat AND TO SOU)S..5 arar•.-.or'ad esmenima.r►.i.sea+baba S. PIS Ss and sraaase.nsA Oa*.e b ears.►+.ten A As red Ora.ke.+. ! aft. INS p nal.ge.asetawl.A� s�ads.b.A.a�e.awt sir Ads=Yea ale�� mat rd lath h re-1719--bon.minas.-a.isyarwt pawed r,.asa.r•deaa IS ad aim ea el-r Li scans ns aarY dad AiOa ra.add as S S.soil a..i.aas� emirs aimpilaa pone awl edge star.An ea daag.a.aA .liar r feta S.MIS or SW ans•t sort. -241 d ` MOST IMINAIMMO-.4IIIIIMILILL MIME) nut or _.__..coWIA70 coiner ay _.JAG. rb_L.Ss Aar said d s ar OS- -,.__ _ -_--Ada/t _vabrar .. n.54- b- aster. I • �aatiaraaaa iSa .L asivers Oster 1,, 1957. tsar Parcel Number. 85324-06-001 Tax District: 2000 Schedule Number: R1634939 Current Mill : 73.695 General Information Owner Name &Address HARBOR DEVELOPMENT, INC 2423 EUGENE DR LOVELAND, CO 80538 Parcel Number 85324-06-002 Tax District: 2000 Schedule Number. R1634940 Current Mill - : 73.695 General Information Owner Name & Address HARBOR DEVELOPMENT, INC 2423 EUGENE DR LOVELAND, CO 80538 Parcel Number: 85320-00-002 Tax District: 2001 Schedule Number. RO512028 Current Mill - : 73.695 General Information Owner Name &Address OLANDER, STEVE/MARSHA 3853 E COUNTY RD 14 LOVELAND, CO 80537 Parcel Number: 85333-19-002 Tax District: 2001 Schedule Number. R1617155 Current MIH : 73.695 General Information Owner Name & Address BARRY, JOSEPH C 3731 SUZIE LN LOVELAND, CO 80537 Parcel Number: 85320-00-006 Tax District 2001 Schedule Number: R0512036 Current Mill : 73.695 General Information Owner Name & Address ELMQUIST, LORRAINE ELMQUIST BROS 8724 I-25 FRONTAGE RD E LONGMONT, CO 80504 Parcel Number: 85320-00-004 Tax District: 2001 Schedule Number: R0595721 Current Mill : 73.695 General Information Owner Name &Address OLANDER, MARTHA JEAN ET AL 355 E COUNTY RD 14 LOVELAND, CO 80537 Parcel Number: 85324-05-001 Tax District: 2404 Schedule Number: R1634932 Current Mill : 73.695 General Information Owner Name & Address HARBOR DEVELOPMENT, INC 2423 EUGENE DR LOVELAND, CO 80538 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this 9.3 day of S4/wrIb, , 20 PC,, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County,"and par if L.*4 S LA,C. ,hereinafter called "Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: Lo-r a , 2-. 33ev WE-Sr Oz. k1. GTtAAILTFR of SIC S', r4/d, RL.b' kJ Wfsb cry to r.on-/1-Do WHEREAS, a fmal Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Lq$ If-A c.l"when p N• be, has been submitted to the County for approval; and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion,are listed in Exhibits"A"and"B"of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County,Applicant shall furnish Revised 07/01/2002 MACPB\CTBFORjs4 APUBLIC one set of reproducible "as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or Revisal 97gr/2N2 MACTBC111FORMS1APUBLIC claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision, or Planned Unit Development, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider, applicant, or owner shall reimburse the original Revised 67/'1/2002 MACrB\CIRFORM9\AI'UBLIC subdivider,applicant,or owner,for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant, or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner, or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION(Third Edition. 19821 of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions, Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision, Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. Revised 117/01/2002 M:\CTB\CTBFORMS\APUBLIC 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets,the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to fmal approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. Revised 0711/2002 M:\CTB\GTBFORMS\MQBLIC 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A" and"B." The costs of the improvements described in Exhibit "A" will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. Revised 07/01/2002 MACTB\CrBFORM3V1PUBLIC 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested'M'Member of theAmerican m pecan theroperty Real Estate Appraisers (M. )indicating encumbered in its current degree of development is sufficient to cover One-Hundred percent (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent (100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. Reviled 07/01/2002 M:\CTB\C[BFORMS\APUBLIC ents 8.3.4 If Weld County determines there is a default of the release m Agreement the escrow agent, upon request by County, pall any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent (100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved,or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thin 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully Revised 07/01/2002 M:\CrB\CIBFORMSUPUBLIC accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for MI maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code, shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage, as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: 12-I O APPLICANT: 1 TITLE: Revised 07/01/2802 MACIB\CTBFORMBIAPUBLIC Subscribed and sworn to before me this day of , iii 15,20 05 . My Commission expires: �e SC l kfr i�.,� ��aAaa tv C .. _,;r EX,1' VO.p-(P c .4 Notary Public • G .O . sr,Aug�� Q: HTF OF•c053 Revised 07/111/2012 M:\CTB\CTBFORMS\APUBLIC ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Revised 17/51/2002 M:\CTB\C rBFORMS\APUBLIC TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 1}.2 D 81 -� The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: Applicant Appli6arrt I Pra4i 4 - F{-,( /am!i c_t.C Date: 2- 3 F- ,20 DS—. Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Revised 07/01/2002 EXHIBIT"B" Name of Subdivision or Planned Unit Development: L4tS tiS 9. u. b Filing: Location: f hir+ D ph'4491 teo ffsmw&-nl G2 ? _444, cre S ON Jot,n f All improvements shall be completed within 1 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Lnni# E- Street grading it Street base << Street paving a wtt t S Curbs,gutters,and culverts Sidewalk A/�A Storm sewer facilities „ tA- Retention ponds N�k Ditch improvements API4 Subsurface drainage Sanitary sewers Ad It Trunk and forced lines 444 Mains N6H Laterals(house connected) AIL* On-site sewage facilities N 14 On-site water supp y and storage Water mains Fire hydrants Clam Survey and street monuments and boxes a Lai i5ic-S Street lighting Street name signs l spy Fencing requirements 3 wtbK5 Landscaping 4 IvASK.,S Park improvements Ni A Road culvert &Pk, ST . Grass lined swale 44 Telephone a WSpy S Gas GdspL.wrt Electric tgai -rE. Water transfer 1 9-4.)744 SUB-TOTAL: i g „��ygjcs Revised 07/01/2002 EXHIBIT"A" Name of Subdivision or Planned Unit Development: LA5 %1.4&,✓G't5 9-Vl_1 • Filing: Location: (A,Vereare tilvniti be l8oriamito LP C Lfr-r em- so...a( Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Estimated Site grading Costs Construction Cost Street ding 3644.lDi m Street base Street paving Crabs gutters,and culverts SO 3o S Y I H 2,d 57 Sidewalk 4 k dlk Storm sewer facilities tit it i'a -- Retention ponds eel 4- 1 i Ditch Improvements eit A i Subsurface drainage al 4 Sanitary sewers 4 R Tnmk and forced lines 44 Mains ft h Laterals(house connected) ,ii It ' On-site sewage facilities NI R On-site water supply and storagenel it Water Mains(includes bore) I 14k 1 cat nci i Sire hydrants 1 to It 3 8 too st -I -I,g p°% Survey and street monuments and boxes — Street lighting Gsx if C7�s - Street Names Fencing requirements ,J Landscaping t I+ ft 1 A Park improvements 4 4,'1 tp '"i AA A Road culvert Grass lined swale 1 t.4 3t t'1,too Telephone Gas l at S can) Electric 1 Q" t S 0879 Water transfer 1 oat x 3r lr O t SUBTOTAL: LI- 5lw.LS an Tr* I tfB'%n i4,kon3> Engineering and Supervision Costs$ t St9n) (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) Revised 0741/2902 The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot bee met. By: Applicant Applicant p.�5% Date: L— ZcF , 20 e Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Revised 07/01/2002 Las Haciendas Construction Schedule 11/10/2005 Approximate dates of improvements Improvements: Beginning Date Ending Date Site Grading n/a n/a Street Grading 1/15/2006 1/30/2006 Street Base 2/01/2006 2/07/2006 Street Paving 2/08/2006 2/22/2006 Curves, Gutters, Culverts 1/15/2006 1/30/2006 Storm Sewer Facilities 2/01/2006 2/07/2006 Retention Ponds 2/01/2006 2/07/2006 Ditch Improvents Completed n/a Subsurface Drainage n/a n/a Sanitary Sewers n/a n/a Trunk and Forced Lines n/a n/a Mains Completed n/a Laterals (house connected) n/a n/a On-site Sewage Facilities n/a n/a On-site Water Supply/Strge n/a n/a Water Mains 1/15/2006 1/30/2006 Fire Hydrants Completed n/a Survey and Street/ Monuments and Boxes 2/08/2006 2/22/2006 Street Lighting n/a n/a Street Name Signs 2/08/2006 2/22/2006 Fencing Requirements 3/01/2006 3/30/2006 Landscaping 3/01/2006 3/30/2006 Park Improvements n/a n/a Road Culverts Completed n/a Grass Lined Swale n/a n/a Telephone 4/01/2006 4/15/2006 Gas 2/01/2006 2/7/2006 Electric 2/8/2006 2/15/2006 Water Transfer 1/01/2006 4/30/2006 *Schedule is estimated and based on final plat recording prior to January 15, 2006. Fab Lands RC. Phone: Hacienda Builders Inc. FAX: email: Thursday,November 10,2005 Mt.Kim Ogle Weld County Planning Re: Statement for financing of Las Haciendas PUD Dear Kim, Per the request on the final plat checklist,I am enclosing this statement pertaining to the financing of Las Haciendas PUD. My lender on this project will be Harry Morgan at Colorado Community Bank at 1050 Eagle Dr.Loveland,CO 80537. His phone number is 970-278-0040. The collateral method will be a letter of credit from this bank for the improvements on the project. The estimated construction costs to be financed are $414,089.30 for raw water,utilities,road,paving,landscaping etc.as shown on application material. Please call me if'you have any questions. My cell phone number is 970-566-4958. Sincerely, yam. Francisco Garcia Jr. President CHICAGO TITLE OF COLORADO, INC. SCHEDULE B - 2 EXCEPTIONS Commitment Number: 1415326 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the company: Standard Exceptions 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, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the 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. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Additional Exceptions 7. All water, water rights, or claims thereto, in, on or under the land. 8. Easements for public utilities, sewer lines, drainage, rights-of-way and other purposes, as shown on the plat of the subdivision, and as shown in various instruments of record, affecting only common elements. 9. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 10. Patent recorded September 13, 1883 in book 36 at page 393. 11. Right to use ditches and laterals as reserved in Warranty Deed recorded March 29, 1928 in book 847 at page 143. 12. The effect of the inclusion of the subject property in the Big Thompson Soil Conservation District, as disclosed by the instrument recorded July 7, 1948 in book 1230 at page 275. 13. Terms, conditions, provisions, agreements and obligations specified under the Mineral Deed, which was recorded February 29, 1956 in book 1444 at page 33. 14. Terms, conditions, provisions, agreements and obligations specified under the Mineral Deed, which was recorded February 29, 1956 in book 1444 at page 34. 15. Terms, agreements, provisions conditions and obligations of a Oil and Gas lease, executed by Cecelia W. Gentry a/k/a Cecelia Gentry and J.H. Gentry and Cecelia M. Clagett a/k/a Cecelia Clagett and John M. CHICAGO TITLE OF COLORADO, INC. SCHEDULE B - 2 EXCEPTIONS (Continued) Clagett and James H. Gentry a/k/a Dr. J.H. Gentry III, as lessor(s), and Forrest H. Lindsay, as lessee(s), recorded October 16, 1963 in book 493 at reception number 1419225, and any and all parties claiming by, through or under said lessee(s). 16. A right-of-way for underground water mains, and incidental purposes granted to Little Thompson Valley Water District, in the instrument recorded February 5, 1964 in book 506 at reception number 1428290. 17. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was recorded December 27, 1965 in book 557 at reception number 1478658. 18. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was recorded April 19, 1966 in book 565 at reception number 1487250. 19. Terms, agreements, provisions conditions and obligations of a Oil, Gas and Mineral lease, executed by Cecelia Gentry and James H. Gentry and Cecelia M. Clagett and Dr. James H. Gentry III, as lessor(s), and Amoco Production Company, as lessee(s), recorded February 24, 1972 in book 662 at reception number 1584318, and any and all parties claiming by, through or under said lessee(s). 20. Terms, conditions, provisions, agreements and obligations specified under the Correction of Lease Description, which was recorded April 14, 1975 in book 736 at reception number 1658037 and re-recorded September 24, 1975 in book 749 at reception number 1670690. 21. Terms, agreements, provisions conditions and obligations of a Oil and Gas lease, executed by James H. Gentry III and Phyllis J. Gentry and Cecelia M. Clagett and John M. Clagett, as lessor(s), and Skaer Enterprises, Inc., as lessee(s), recorded July 12, 1976 in book 771 at reception number 1693373, and any and all parties claiming by, through or under said lessee(s). 22. Terms, agreements, provisions conditions and obligations of a Oil and Gas Mining lease, executed by James H. Gentry III and Phyllis J. Gentry and Cecelia M. Clagett and John M. Clagett, as lessor(s), and Skaer Enterprises, Inc., as lessee(s), recorded October 23, 1981 in book 951 at reception number 1872552, and any and all parties claiming by, through or under said lessee(s). 23. Terms, conditions, provisions, agreements and obligations specified under the Notice, which was recorded June 26, 1986 at reception number 2058722. 24. Terms, conditions, provisions, agreements and obligations specified under the Application for Change of Class D Allotment Contract, which was recorded April 23, 2001 at reception number 2842457. 25. Terms, conditions, provisions, agreements and obligations specified under the Application for Change of Class D Allotment Contract, which was recorded September 20, 2001 at reception number 2885034. 26. All items set forth on the Recorded Exemption No. 1061-5-1 RE-3300 which was recorded August 28, 2002 at reception number 2982236 and corrected by instrument recorded March 19, 2004 at reception number 3163100. 27. Terms, conditions, provisions, agreements and obligations specified under the Agreement, which was recorded March 12, 2004 at reception number 3161576. CHICAGO TITLE OF COLORADO, INC. SCHEDULE B - 2 EXCEPTIONS (Continued) 28. A right-of-way for overhead and/or underground electric lines or system, and incidental purposes granted to Poudre Valley Rural Electric Association, Inc., in the instrument recorded December 20, 2004 at reception number 3245487. 29. Deed of trust from Francisco Garcia, to the public trustee of Weld county, for the benefit of Colorado Community Bank of Loveland, T.M., securing an original principal indebtedness of$400,000.00, and any other amounts and/or obligations, dated August 25, 2004, and recorded August 27, 2004 at reception number 3213236. Note: Disburser's Notice recorded August 27, 2004 at reception number 3213237. 30. Statement of lien claimed by Gerrard Excavating, Inc. in the amount of$52,749.10, recorded March 16, 2005 at reception number 3269168. 31. Civil Action No. (unknown) in the District Court, County of Weld entitled Gerrard Excavating, Inc., Plaintiff(s)vs. Francisco Garcia, Defendant(s). Notice of Lis Pendens recorded June 21, 2005 at reception number 3296560. 32. Clerk of the County Court, County of Weld, of judgement in favor of YKS Acceptance Corporation, Inc. against Francisco Rodriguez Garcia in the amount of$5,806.69, plus court costs, entered on April 14, 2003 in Civil Action No. 03C-002137, a transcript of which was recorded May 19, 2003 at reception number 3064033. Note: The following vesting deeds relating to the subject property have been recorded in the clerk and recorder's office of the county in which the property is located. Warranty Deed by and between Dr. James H. Gentry, Ill and John G. Clagett and Sheryl R. Richeson and Thomas D. Clagett(grantors)and Francisco Garcia (grantee)and recorded September 6, 2002 at reception number 2985415. Quit Claim Deed by and between Francisco Garcia (grantor)and F & G Lands, LLC (grantee)and recorded March 18, 2005 at reception number 3269914. END OF EXCEPTIONS Issued at: DENVER, COLORADO CHICAGO TITLE OF COLORADO INC. Commitment(Schedule B-2) CHICAGO TITLE OF COLORADO, INC. COMMITMENT FOR TITLE INSURANCE SCHEDULE C Commitment Number: 1415326 LOT B, RECORDED EXEMPTION NO. 1061-5-1 RE-3300, LOCATED IN THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., ACCORDING TO THE MAP RECORDED AUGUST 28, 2002 AT RECEPTION NUMBER 2982236, COUNTY OF WELD, STATE OF COLORADO Issued at: DENVER, COLORADO CHICAGO TITLE OF COLORADO INC. Commitment(Schedule C-Legal Description) CHICAGO TITLE OF COLORADO, INC. DISCLOSURE STATEMENT • Pursuant to Section 10-1-122 of the Colorado Revised Statutes; the Company is required to disclose the following information: o The subject property may be located in a special taxing district; o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; o Information regarding special districts and the boundaries of such districts may be obtained from a board of county commissioners, the county clerk and recorder, or the county assessor. • Colorado Division of Insurance Regulation 3-5-1, Paragraph C of Article VII, requires that "every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible from recording or filing of legal documents resulting from the transaction which was closed". Provided that CHICAGO TITLE OF COLORADO, INC. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Recording statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file any document that does not conform to requirements of this paragraph (a). • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, the Company is required to disclose the following information: that there is a recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5(Nonresident Withholding). Disclosure Statement (1415326.PFD/1415326/6) Chicago Title Privacy Statement July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed,will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with,or from the services being performed by,us,our affiliates,or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others;and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents,brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf;and • to others with whom we enter into joint marketing agreements for products or services that we believe you may fmd of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Chicago Title 4050 Calle Real, Suite 220 Santa Barbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACY STATEMENT (1415326.PFD/1415326/6) Home >Departments >Treasurer's Office >Tax Search >Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Garcia Francisco Address: City: Weld Account Number: R1993303 Parcel Number: 106105100053 Legal Address: pt w2ne4 5-4-68 lot b corr rec exempt re-3300(2.55r 3d)weld 000000000 Value Information Actual Land Value $33,151.00 Assessed Land Value $9,620.00 Actual Improved Value$0.00 Assessed Improved Value$0.00 Actual Total Value $33,151.00 Assessed Total Value $9,620.00 Payment Information Total Tax Amount: $790.44 First Half Amount: $0.00 Second Half Amount:$0.00 SR.Exemption: $0.00 Full Amount Paid: ($790.44) Current Balance: $0.00 IF any of the following fields are"YES" please 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 82.167 Database Last Updated at: 02:35 AM on September 19, 2005 Berthoud Eire Protection District To:Kim Ogle January 27,2006 Weld County Department of Planning Services VIA FACSIMILE 970-304-6498 1555 North 171°Avenue Greeley Colorado,80631 From: Lee Brian Scott Berthoud Fire Protection District Re: PF-1058 Las Hacienda PUD We have reviewed the plot Plan Map and have no conflicts with the proposal at this time and would approve it subject to the requirements mentioned below. Eventual construction or development will be required to meet departmental development standards.Construction requirements for the Berthoud Fire Protection District are currently drawn from the 1997 Uniform Fire Code.From time to time these source documents are updated or amended.In the event that there is a conflict between the requirements of this letter and updated requirements, the newer requirements in effect at the time of building permit submittal shall apply. The district requires that the developer provide proof of fire flow from the hydrants in the subdivision before any building permits are issued. The Fire District can perform this test at the request of the Little Thompson Water District and upon payment of the appropriate fee for the test to the fire district. The fire district shall maintain records of this test.Once such tests have been performed,additional tests for additional permits in the same subdivision would not be required unless the district or the applicant feels that a significant change in the flow has occurred. At the current time,so long as the fire flow from adjacent hydrants meets the departmental minimum of 1,000 GPM,the lots in this subdivision are approved by the fire district for homes of up to 3,600 square feet. Homes larger than that will require larger a fire flow as determined by table A-III-A-1 of the Uniform Fire Code. In the event that the new hydrants provided insufficient fire flow,alternative fire protection methods must be employed. This generally means that residential fire sprinklers will be required. The plans for such systems must be reviewed and approved by the district and the installation inspected by the district.The Berthoud Fire Protection District is also considering the implementation of an ongoing inspection program for residential sprinklers in the future. In the event a sprinkler system is required,approved contractors must do the work.Both the sprinkler contractor and the excavation contractor(who installs the sprinkler system supply line)must be licensed by the State of Colorado,Department of Fire Safety.Proof of such licensure must be provided to the district.A flow and pressure test is required on the supply line from the main to the structure before the line is covered. We would request that these requirements be included in the final plat,and that compliance be required prior to the issuance of any building permits. If you have any questions,please direct them to me at your earliest opportunity. Respectfully Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 (970) 532-2264 • www.BerthoudFire.org Lee Brian Scott Deputy Fire Marshal Berthoud Fire Protection District CC: Karl Gruber 1197 WCR 36 Berthoud Colorado,80513 And VIA FAX to Todd Hodges Design,970-613-8775 Page 1 of 1 Hacienda Builders From: "Kim Ogle" <kogle@co.weld.co.us> To: "Hacienda Builders" <hbinc1004@gwest.net> Sent: Wednesday, February 01, 2006 4:20 PM Subject: RE: PF-1058 Fran Given that Mr. Morrison has agreed to the covenants with the HOA established after 50% of the Lots sld staff will take direction from the Attorney's office. Correspondence recevied from Engineer Schei noted that no basements are allowed in this PUD. At his direction staff will strike reference to this stipulation, per his electronic mail. Basements areQermitted inyou PUD. Any other questions, please contact me. thanks, Kim ........................._..... From: Hacienda Builders [mailto:hbinc1004@gwest.net] Sent: Wednesday, February 01, 2006 3:50 PM To: Kim Ogle Subject: PF-1058 Kim, On condition 1 C, there is mention of incorporation of HOA paperwork. On Condition E, there is mention of HOA to be recorded with the State. Section IX of the Provisions in our covenants states that the HOA will be established after 50% of the lots are sold. Also, Lee Morrison has sent you a referral with his approval in which he states there are no conflicts. Please advise. Thanks! 2/2/2006 Page 1 of 1 Hacienda Builders From: <candelariogb@netscape.net> To: <hbinc1004@gwest.net> Sent: Sunday, February 05, 2006 9:43 PM Subject: Fwd: PF-1058 covenant revision Original Message From: Pam Smith <psmith@co.weld.co.us> To: Kim Ogle <kogle@co.weld.co.us>; candelariogb@netscape.net Sent: Thu, 2 Feb 2006 10:17:14 -0700 Subject: PF-1058 covenant revision Kim, Cande faxed me a copy of the revised covenants pertaining to the septic envelopes (Buildings and Improvements, paragraph 6). They are acceptable as revised. I know he is sending you a copy of the entire covenants as well. I can fax you what was faxed to me if you like. Let me know. Pam Try the New Netscape Mail Today! Virtually Spam-Free I More Storage I Import Your Contact List http://mail.netscape.com 2/7/2006 Page 1 of 1 Hacienda Builders From: "Drew Scheltinga" <dscheltinga@co.weld.co.us> To: "Kim Ogle" <kogle@co.weld.co.us> Cc: <hbinc1004@gwest.net>; "Peter Schei" <pschei@co.weld.co.us> Sent: Wednesday, February 08, 2006 11:24 AM Subject: PF-1058, Las Haciendas PUD Kim The typical lot grading detail for drainage is on Sheet 1 of 4 of the Grading, Drainage& Erosion Control Plan by Messner Engineering dated December 2, 2004. It is acceptable to Public Works. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltink a@co.weldco.us Email Copy: Fran Garcia, Hacienda Builders 2/8/2006 tOot ikw , MEMORANDUM TO: Kim Ogle, Planning Manager DATE: January 20, 2006 ' O FROM: Drew Scheltinga, P.E., Public Works Department WP C SUBJECT: PF-1058 Las Haciendas PUD (Final Plat) COLORADO The Weld County Public Works has reviewed the final plat application materials for an Administrative Review approval. The following items are required prior to recording: o The applicant shall provide a pavement design prepared by a professional engineer. o The typical cross-section of interior road shall be shown on the construction plans as two 12-foot paved lanes and 4-foot gravel shoulders with pavement and aggregate base course thickness conforming to the pavement design. o An existing 30"culvert is shown on the construction plans "to be relocated by others". After a discussion with Mr. Garcia on this date, it is my understanding the pipe is to be extended and not relocated. The work to be done on the pipe shall be clarified on the construction plans. o On this date I discussed the Improvements Agreement with Mr. Garcia, Peter Schei, and Lee Morrison. The original agreement was approved by Public Works in the amount of$414,089.30. Mr. Garcia has requested that amount be reduced by$7,720.00 for fire hydrants that are in place, $52,279.00 for water mains that are in place and $128,000.00 for CBT water transfer shares. The transfer of the water shares has not taken place. I informed Mr. Garcia Weld County will require written documentation from the water district that they approve and accept the items that have been constructed and that they have no objection to waving surety for the water shares to be transferred. If the Improvements Agreement is to be changed, Mr. Garcia must submit a new agreement. PC:PF-1058 Las Haciendas PUD(Final Plat) Email& Original:Planner PC by Post: Applicant PC by Post: Engineer AMERICAN EAGLE ' ENGINEERING, LTD. I I PRELIMINARY GEOTECHNICAL, GEOLOGICAL AND PERCOLATION REPORT A PORTION OF W1/2, NE 1/4 SEC 5, T4N, R68W OF THE 6T' PM WELD COUNTY, COLORADO ' FOR FRANCISCO GARCIA 1 1 PROJECT NUMBER: ' 04-GPS-3003 MAR. 15, 2004 5520 Gabriel Drive • Loveland,Colorado 80538 • (970) 669-1356 I ITABLE OF CONTENTS I PAGE INTRODUCTION 1 I SITE LOCATION AND DESCRIPTION 1 FIELD INVESTIGATION I IGEOLOGIC EVALUATION 1 ' FOUNDATION RECOMMENDATIONS 2 CONCRETE 2 IBACKFILL AND DRAINAGE 3 ' SEPTIC SYSTEM RECOMMENDATIONS 3 CONCLUSION 3 ISOIL CONSERVATION SERVICE MAP ETC. EXHIBIT A tSITE LOCATION " B GEOLOGY MAP C ITEST HOLE LOCATIONS DRAWING 1 IBORING LOGS .. 2 ' SWELL-CONSOLIDATION & LAB TESTS " 3 THRU 6 1 1 1 1 GEOLOGICAL REPORT AND PRELIMINARY GEOTECHNICAL AND.PERCOLATION REPORT ' INTRODUCTION The following report presents the results and recommendations of a Geological ' and preliminary Geotechnical and Percolation Investigation for a portion of W1/2 NE 1/4 Sec 5-4-68 Weld County, Co. This investigation was performed to ascertain the bearing capacity, percolation capabilities and stability of subsurface ' soils. It is our understanding single family residences will be constructed. SITE LOCATION AND DESCRIPTION The site is located between WCR 3 and 5 on the south side of CSH 60. The property slopes to the Northeast at about 2%. Vegetation on the site is mainly ' alfalfa, weeds and wild grasses. The Lake Ditch runs diagonally from about the center of the West property line to the Southeast corner. ' FIELD INVESTIGATION The test holes were made on 10/17 and 10/20/03 and 2/25/04. The percolation t holes were filled with water on the same day they were drilled. The percolation tests were performed the following day, by a member of this firm. The soils consisted of layers of sands, silts and clays (see test hole boring logs). ' Groundwater or bedrock was not encountered in any of the test holes. GEOLOGIC EVALUATION ' This area lies within the Denver Basin; being a part of the Great Plains Physiographic Province. Bedrock in this area consists of the Upper Cretaceous ' Pierre Shale composed mainly of shales and sandstones. The Soil Conservation maps show the building areas to consist of well drained, ' clay barns (see exhibit A). (I) There does not seem to be evidence of flooding or recent seismic activity in the area. The upper soils exhibited low bearing capacity and acceptable percolation ' rates. There did not appear to be any minerals worth mining in the area. FOUNDATION RECOMMENDATIONS ' The soils exhibited a consolidation potential. The proposed structure should be suitable for a footing and grade beam type of foundation, designed for a maximum bearing capacity of 500 to 750 pounds per square foot (dead load + full live load). The bottom of the foundation MUST be placed a minimum of 30 inches below final grade for frost protection. Each lot should have a site specific Geotechnical and Percolation Investigation. A member of this firm must be called to inspect the excavation prior to placement of any concrete, to ascertain the conditions are in accordance with this report. ' All slabs in living areas should be free floating and isolated from bearing members and utilities with a expansion joint. A 2 inch void should be placed beneath any partition walls on slabs. Slabs should be scored a minimum 1/3 of their depth, in maximum 100 square foot increments, to control cracking. Some vertical movement of slabs is expected. ' The foundation and slabs should not be placed on uncompacted fill, frozen ground, top soils, organic material or within 2 feet of seasonal groundwater. The bottom of the foundation must be placed a minimum of 30 inches below final ' grade for frost protection. An under drain system, placed under the basement slab and directed to daylight or into a sump pit, will be necessary. Bearing capacities are based on soil type, laboratory testing, visual characteristics and prior experience in the area. Based on our recommendations, anticipated differential movement should be less than 0.75 of an inch. ' CONCRETE ' All concrete and reinforcement should be placed in accordance with ACI 318. All slabs in living areas should have a minimum of 6 inches of 3/4 washed rock placed beneath them to provide a capillary break. Type II cement should be used ' in all concrete. The forms should not be stripped from the walls for at least 72 hours after placing concrete. The walls should be allowed to cure for at least 7 days before backfill. (2) 1 1 ' BACKFILL AND DRAINAGE Backfill should be placed around the foundation in 12 inch lifts and compacted or ' a berm should be added to provide for future settlement. Water settling must NOT be used. Trash, frozen material and organic material should not be used in backfill. The final grade should have a 10% slope away from the foundation in the first 10 feet. Downspouts and sill cocks should discharge into splash blocks or long ' downspout extensions that extend beyond the backfill limits or at least 10 feet, whichever is greater. Sprinkler heads must be placed at least 10 feet from the foundation and their spray must be directed away from the foundation. SEPTIC SYSTEM RECOMMENDATIONS In the area of TH 7 the percolation rates varied from 30 to 60 minutes per inch with an average of 46 minutes per inch. In the area of TH 9 the percolation rates ' also varied from 30 to 60 minutes per inch with an average of 48 minutes per inch. ' CONCLUSION The soils on the site have a consolidation potential, therefore the soils near the tfoundation must be prevented from becoming wet. The soils in the area of the percolation tests have acceptable percolation rate. Standard leach fields should be all that is necessary. There does not appear to be any insurmountable geological hazard, percolation or ' soil problems in the proposed building areas. The site seems well suited to its current proposed residential and open space development. The findings of this report do not reflect changes that may occur between test holes or any distance away from them. ' If we can be of any assistance in the future, please feel free to call. Sincerely,. AMERICAN EAGLE ENGINEERING, LTD. MICHAEL E. HOLT, PE PRESIDENT (3) 3 A, 1 I a Y ` . •r� r� t e 4 0.1'2 1 , ' art ° ✓,j "Mrt'a Y �� e t ,..,n. r f ..Y r,: \ < I 11s .. (J/ l i g I by"y to ?� . 42 m' /540.: ?} x ..fitThi: ,'' I:water 16 jMl .d��, �.' mir Ls. *. Etif¢I -! n $' v 82' } 81 4 42 ) . F CL • :A A. D1iLM . y 16yy 2 !?:' fltjLt 'r 15er 1,.i s ; 16 • e., 1Rr '4 q a 1'i t "��dd 'rne� 42 • g I �42$ 3� A,. ��,'. ara ♦w WELD COUNTY, COLORADO, SOUTHERN PART I 42—Nunn clay loam, 1 to 3 percent slopes. This is a 81—Wiley-Colby complex, 0 to 1 percent slopes. 'I deep, well drained soil on terraces and smooth plains at level map unit is on smooth plains at elevations of 4, elevations of 4,550 to 5,150 feet. It formed in mixed allu- to 5,000 feet. The Wiley soil makes up about 60 percen vium and eolian deposits. Included in mapping are small, the unit, and the Colby soil about 30 percent. About I long and narrow areas of sand and gravel deposits and percent is Heldt silty clay and Weld loam. small areas of soils that are subject to occasional flooding. The Wiley soil is deep and well drained. It formec Some leveled areas are also included. calcareous eolian deposits. Typically the surface laye I Typically the surface layer of this Nunn soil is grayish pale brown silt loam about 11 inches thick. The subso brown clay loam aobut 9 inches thick. The subsoil is light pale brown silty clay loam about 23 inches thick. The s brownish gray clay loam about 14 inches thick. The upper stratum to a depth of 60 inches is very pale brown s part of the substratum is light brownish gray clay loam. clay loam. The lower part to a depth of 60 inches is brown sandy Permeability is moderately slow. Available w£ loam. capacity is high. The effective rooting depth is 60 inc or more. Surface runoff is slow, and the erosion hazan Permeability is moderately slow. Available water capacity is high. The effective rooting depth is 60 inches low. I or more. Surface runoff is medium, and the erosion The Colby soil also is deep and well drained and fort hazard is low. in calcareous eolian deposits. Typically the surface la is pale brown loam about 7 inches thick. The upper inches of the underlying material is very pale brown I loam. The lower part to a depth of 60 inches is very 1 brown silt loam. Permeability is moderate. Available water capacit, I high. The effective rooting depth is 60 inches or mi Surface runoff is slow, and the erosion hazard is low. EXHIBIT A This soil is used for irrigated cropland and wild habitat and for urban development. II i 30 � � .._„? - Z° qI Ory DITCH 11 -t ,- =-f °moo ,v e lid Wells f Oil 5018 le i Y-aT i lo if Chapman �J / I _ I... _ Reservoir �37 3 `\„ 33 LAKE LA re,,,,, 1 �. 1N• II 5,�9 5 2 — _ .50491 I — soy, a � 4 in I .c\ •, / / � Tn France I P R 0Y ,,6 —"N\ _ it 9 5L79 VIII--� d 1 p 1 J inlay+fope — �� 7/ ' \,v• r" GRF r Reservoir i" —. j _ 8 �---/ �i i ;2 l / I EXHIBIT B I I . I I I , I I LO • co ... cal •• • • •• • • ego N • ° • • b • • / 01 d OTC 4G m z 01 ts 0 `.. O e J Of /e �gys LL O I I a d• OA m �D 9 u p • 0 • ; • Oi01p Sd•. .. .f d , dl • Vu'• . u ."• •••••• IIICIu.u�:' j1111111111111111�� .. chi ' c Kilo f •iJ i. .3N �` "� .,..- ..� •'_" s I�III�IIUIngljj . .c o I IN 0 y L c� / III 1'l) w JI ✓� v m m ,,•• w •V"'• tho E I „ 1 . M IE c a� / .----.1 m e ••>.‘• u) o t,op m AI m �i m a o E > ≥ m o I E m a D n m.2 r — > v ° V co L. ro m OC�YU � Od� m � m o roO O N-0 O)O c0_ ro C c V Q C m c m ''� --i 'CO C C« room_ [--- c— = M-0 ' y cc) �mm a uo >Ti d vj 2 E m o m am � mroD .- cc- c ��2coli� o '- op `0,0 n 0CD ,_ C O Q IAN- roaCSC d°'no I N0vEvcyN ° C C t J ro 0 m ocoo E o O 1 I IEXHIBIT C 7 TaN R66w Section 5 ' N. 1/4 Cor. ( E1/16 Section 5-4-68 \ S5 No 6 a eaa, r oo aqm or war n ovn.1 Vn hs 304631 20001 _ a .00.09 1 State c ow. Be.. •Biel. t.6n.oYn60c....'n. M9MaY N9n. o \ \-r 3046% _r N_.. a� ae.. • , S90'00'00"W 1112.20' • COLORADO STATE HIGHWAY 60 0 \\3p30 =�'-.. en 1— 7 I r �7 S \ I L90'Drama9.ore Ulllryy Easement. N 20' Drainage and h30° LOT 1 j Utility Een.•nd m' ' 3.63 acres I ve, CO S90'00 00 W m' Drainage and / / LOT 5 Co / 200.00' -APO Easement CCA o b._ ''.—J / 4.73 acres I IV Dreim•and K. ) l0'Drainage and / , IiWMYEa `nl. Utility Easement.. / i 1/ I/ — I x� a LOT 2 �10• Drainage and • • • I « I Utility Eaxm•na • 3.63 acres Open Space II 1 %" 1`� I I'6too u9 3.6± dare. —20' Drainage and i / N Utility Ea..m.n, i LOT' 9e J' . • • / (— \ acre N I - — o ' \ 'u°w �t I 7 > w 0 t. ,.0g- a \ I W LOT 3 \ \ N' sg1,1 w war _s.a3.ie'mrq __J �� O ,g J73 acres 3°3..S\ a 1._ _ °° rri u' °rmnage and r I Ilr 1 Utility Easement. ts'OnInN.ant \ J worry Ea.•m.m. Z 1 fJ LOT no' Drainage end ,t Utility Ea.•mmt LOT Y I I 4.4₹ acres I IT °j o 0 1-y. 3.63 acres I O I I'r-3001 N 30' Dminac.oM yuH\asement. I 1 N "_ I 20' Drainage end I 04.3' J \\ J W «' LOTB men• ' O�TQ \`J g.6 1 \�°'°. utility4.43 acres I I N `\ C\f:d�pu.aw and I (P Utility Courant. J • \ 20' Drainage Easement.�/� d i�J Approximate -arcs:- - L ♦ Soil Type aaapcc-] ' 5.073.55' QNe) It . \ o,'t•.actIetI7�� ' �i�� Open Space o 7.64 o O) w 3090 \ : Qry 43 • •PIJIS \ s.o)e.N'�]) �� I P11 N--; ``� -n-r7 (]eel PN58 • •PS213 \ �� ' FO-,48• • Pw3B / LOT9 \/ 26.93 acrea `•��F \( '_ I� I v 81 0:�O I IN y doll type idwtl laatlan I I ,, earner. C 1/4 Cor .-ecLon 5-4-68w� \ Found 3/a" Iron P,pe,— no cap V 1 To: a — N88'45r48"E ry 1307.30' FURNISHED BY INTERNE LL LAND SURVEYING,INC. 04-GP-3003 IDRAWING NO. I I zJ,) I- u -) 3 0 0 1- N p� •F N Z D N L [ g 0 3 i s Imo., 13 I- i q) J en v v ♦ v A I 6 d V1 V I ----- _ I z � ; 0 � J i Jo o s a m F' � N J e( Vr In • 0• VI I a o ° a 0 _l_ C^� -' \\ \\. \ \ \ \` - 1 N N 0 ' I z u _ 09 ],I ! o KT 00 s w m � Fz I a .Q iy E ' a r t-• i � , r I - v v. I �� o 0 s 3 N 0 0 I111 n AI N 0 04- GP- 3003 0 R P-,--).,/I r.14 r-J 0 a If O 1 WA-re2 1 I Z - I 0 3 N.\ I 2 -0 4 HI 0 U) I 0 0 u 5 H C - - I C 3 N load (ksf) 1 10 10 I test hole @ unconfined compressive strength = x, 000 ' c' natural moisture= 23- a dry density= I o S pcf LL= 2- 9 PI= G % passing #200= 4-b I O • - - I I � I 2V1/4/Alt00 WAYE2 ' c 3 , 0 -H -Si ro 4 I t H 0 1n 5 1 u 2 Co H v I 3 N load (ksf) 1 X10 1C unconfined compressive strength = ' 44 test hole G @ 9t- it) natural moisture= 27, 2- % dry density= t b S pcf a =29 PI= Co % passing #200= "S I SWELL-CONSOLIDATION TEST RESULTS project # Oa `'? - 8O O -- drawing # 3 I If T ' W ADD E2 I a 2R \ — C 3 O i r0 1-1 O in I z O U .-1 .� CO I W ) V) load (ksf) 1 10 1O( I test hole 9 @ 2' 3' unconfined compressive strength = IA" PSC natural moisture= z2 . 8 dry density= Io 4 pcf LL= 32. PI= O. % passing #200= 5s I I H + DD W/VTE2 I _ 2 _ I c 3 ti Ni 4 I V .4 0 m S c I I I -. L 3 1 O load (ksf) 1 unconfined compr1essive strength = 10 I test hole 9 @ 7'- &' natural moisture= 24 ,2- dry density= I o3 pcf a - 2-# PI= S % passing #200=42 ISWELL-CONSOLIDATION TEST RESULTS project # 04- { p- 3 003 drawing # 4- 1 I U AOD ' �'ar wi r c P. I 0 2 1 r 0 3 0 0 ' c 4 0 U 3 LO I , load ( ksf) 1 10 ' 10: I test hole CO @a' 3/L unconfined compressive strength C,,- :'s- natural moisture= 19 3 dry density= 3-7 pcf LL= 37 PI= 5 % passing #200= '2,- 1 1 0 I O II 0 Cl ri 5 INN\ I 0 1 3 load (ksf) 1 10 unconfined compressive strength = is, test hole g @ 6,,3� natural moisture= :4 dry density= lo E, pcf LL = 2. 9 PI= i- % passing #200= I SWELL-CONSOLIDATION TEST RESULTS project # O4 - co' 3003 drawing # S I I ' DRAINAGE INVESTIGATION EROSION CONTROL REPORT for GARCIA II - P. U. D. to be located on Lot B of Recorded Exemption No. 1061 - 5 - 1 RE - 3300 WELD COUNTY, COLORADO 1 ' Prepared for: ' Hacienda Builders, Inc. 1959 Blanca Court ' Loveland, Colorado 80538 December 2004 1 Project No. GRD - 498 - 04 1 ' Prepared by: MESSNER Engineering, Inc. 150 East 29th Street, Suite 270 Loveland, Colorado 80538-2765 Telephone: (970) 663-2221 ' 1SV EEERIER:a Engineering, Inc. Project No. GRD - 498 - 04 December 7, 2004 Fransisco Garcia ' Hacienda Builders, Inc. 1959 Blanca Court Loveland, Colorado 80538 Dear Mr. Garcia, The enclosed report represents the results of the Drainage Investigation and Erosion Control Report for ' the proposed"GARCIA TI- P. U. D" to be located on Lot B of Recorded Exemption No. 1061-5-1 RE-3300 in Weld County, Colorado. This investigation was based upon the proposed site development plan; on-site observation; and available topographic information. The investigation was performed according to the criteria established by Weld County. ' Thank you for the opportunity to be of service. If you should have any questions, please feel free to contact this office. Respec Submitted, MES NE Engineerin Inc. ' Dennis R. Messner, resident "1 hereby state that this final report (plan) for the "GARCIA II- P. U. D., Lot B of Recorded ' Exemption 1061-5-1 RE-3300 in Weld County, Colorado " was prepared by me or under my direct supervision for the owners thereof and meets or exceeds the criteria established by Weld County." ca•" A' Dennis R. sner Registered s4onal 14ncrkr State of Colo OlitACOISV / 2dVKeV Civil Engineering Consultants 150 E. 29th Street, Suite 270 Loveland, Colorado 80538 (970) 663-2221 1 t TABLE OF CONTENTS Description Page ' LE FI ER OF TRANSMITTAL TABLE OF CONTENTS ii&iii I SCOPE 1 ' II SITE DESCRIPTION 1 III EXISTING CONDITIONS 1 ' IV PROPOSED DEVELOPMENT 1 ' V EROSION CONTROL 2 ' VI CONCLUSIONS & RECOMMENDATIONS 2 ' VII REFERENCES 3 ! . 1 1 v TABLE OF CONTENTS (CONTINUED): ' EXHIBITS Vicinity Map FIRM Community Panel #080266 0725 C Existing Conditions Exhibit ' Proposed Conditions Exhibit Grading, Drainage, and Erosion Control Plan APPENDIX I Drainage Calculations APPENDIX II Charts, Graphs, Figures and Details I SCOPE The following report represents the results of a"Change of Zone" drainage investigation for the proposed ' Garcia II, P.U.D. to be located on Lot B of Recorded Exemption No. 1061-5-1 RE 3300, situated in the West Half of the Northeast Quarter of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. The purpose of this investigation is to determine the effects of the proposed ' development on the area's existing drainage facilities and to determine the needed drainage improvements, if any. The conclusions and recommendations presented in this report are based upon the proposed site development plan; grading and drainage construction plans; onsite observations; and the available ' topographic information. The analysis was performed according to the criteria established by Weld County, Colorado. SITE DESCRIPTION The proposed subdivision consists of a total of 74.8 acres. The proposed subdivision is to consist of the development of nine (9) rural residential lots. Eight of the proposed lots average 4.1 acres. The ninth lot contains approximately 25.9 acres. Access to the development will be from a proposed cul de sac, Celeste ' Lane, that will connect to Colorado State Highway 60. The site is located within Zone C as identified on the Federal Emergency Management Agency, Community ' Panel No. 080266-0725-C, dated September 28, 1982. Zone C is identified as an area that may be subject to minimal flooding. The site is not located within a designated flood way or flood plain. ' EXISTING CONDITIONS The site is bordered on the north by Colorado State Highway 60. Undeveloped agricultural land borders the ' western and southern boundaries of the proposed development. Several Recorded Exemption lots that range in size froml.8 acres to 7.2 acres border the eastern boundary of the proposed development. An irrigation ditch, the Lake Ditch, traverses the site from west to east. The Lake Ditch forms the northern boundary of I the proposed Lot 9 and serves to physically separate the lot from the remainder of the proposed development. Surface run off from Lot 9 and the area to the south dr.tin- into theLake Ditch, The site - urrently consists of irrigated farm land. The site is considered to be gently sloping. The site generally slopes from the southwest toward the northeast. The ground surface slopes range from 2% to 0.50%. ' The Existing Drainage Exhibit identifies the potential offsite contributing area to the west that comprises ' approximately 11.5 acres and is intercepted by a lateral ditch that flows from south to north along the western property boundary from the Lake Ditch to Highway 60. The lateral ditch then turns and flows easterly to a point approximately 600 feet east of the western boundary of the site. The lateral ditch enters a ' 30 inch diameter concrete pipe and passes under State Highway 60. The lateral ditch continues in a northerly direction at the north side of the Highway and ultimately discharges into Chapman Reservoir which is located approximately one-half mile north of State Highway 60. The Existing Drainage Exhibit identifies the northern portion of the site as Sub-Basin 'A' which comprises approximately 48.9 acres. Surface runoff drains across the site from southwest to northeast before concentrating in the roadside drainage ditch that runs along the southern side of Colorado State Highway 1 ' 60. The 5-year and 100-year peak runoff rates for Sub-Basin 'A' are 11.46 c.f.s. and 65.52 c.f.s. respectively. ' The Existing Drainage Exhibit identifies the southern portion site as Sub-Basin `B' and comprises approximately 25.9 acres. Surface runoff drains across the site from southwest to northeast before discharging into the Lake Ditch. The 5-year and 100-year peak runoff rates for Sub-Basin `B' are 3.38 c.f.s. ' and 28.29 c.f.s. respectively. ' PROPOSED DEVELOPMENT As previously stated, the proposed development is designed to have nine (9) rural residential lots. The eight ' lots situated north of the Lake Ditch are to average 4.1 acres. The ninth lot is to be all of the remainder of the site that is situated to the south of the Lake Ditch, approximately 25.9 acres. The balance of the site, approximately 16 acres, is to be utilized as open space and road right-of-way. ' The proposed on-site drainage pattern will retain the existing drainage patterns. Runoff will continue to flow in a southwest to northeast fashion, before flowing into the existing roadside ditch located along the south side of State Highway 60. A proposed 24-inch diameter Corrugated Metal Pipe (CMP) culvert will be required at the intersection of ' Colorado State Highway 60 and the proposed Celeste Lane. This culvert will convey the runoff that concentrates at the west side of Celeste Lane from Sub-Basin `Awe; ' The addition of the proposed residential lots and access road, Celeste Lane, will increase the overall imperviousness of the site from 2% to approximately 5.6%. The resulting increase in runoff for individual sub-basins within the property will be slight and have a negligible effect on the existing downstream drainage ' facilities. Therefore, detention of storm water from the proposed development would accomplish very little and is not recommended. The long flow path across the east, undeveloped portion of the site will allow sediment and certain urban pollutants to settle out before reaching and entering the existing drainage system. ' EROSION CONTROL ' The soil's classification by the U.S. Department of Agriculture, Soil Conservation Service, indicates that the surface soil is of the Nunn Clay Loam and the Wiley-Colbey Complex soil series. The Nunn Clay Loam has ' a moderately slow permeability. The "Soil Survey" identifies the Nunn Clay Loam surface run-off potential as medium and the hazard of erosion as low. The Wiley-Colbey Complex has a moderately slow permeability. The "Soil Survey" identifies the Wiley-Colbey Complex surface run-off potential as slow and ' the hazard of erosion as low. Erosion control considerations have been made based upon the short term, during construction activities, ' and the long term, when development of the subdivision is complete. The long term measures incorporated to eliminate erosion are the anticipated methods and materials to be ' used to provide the ground surface covering at the driveways and the landscaped areas. The residential structures and surrounding hard-surfaced areas will provide a deterrent to erosion. The establishment of pasture, lawns and the combination of landscape plantings and ground covers will aid in deterring erosion. 2 I The recommended short term erosion control methods to be incorporated into the construction requirements for the project are the placing of sediment control devices such as "Silt Fencing," "Straw Bale Inlet Filters" and"Straw Bale Dikes." These devices are recommended in order to prevent debris and sediment from ' flowing from the areas disturbed by construction activities onsite to the adjacent irrigation ditch, roads or properties. Wind erosion control measures have not been recommended for the site. It is anticipated that the disturbed area will be open and subject to wind action for an extremely short time. If blowing dust is a ' problem, a combination of surface roughening and water application is to be used to control the dust. CONCLUSIONS AND RECOMMENDATIONS ' 1. The proposed development will retain the existing drainage patterns. ' 2. The developed areas of the site are not located within the designated flood way. ' 3. All development is to be performed according to Weld County's established standards and policies. However, since Weld County does not publish a specific stormwater drainage criteria manual, certain technical aspects were taken from the "Larimer County Storm-Water Management Manual" and the ' Urban Drainage and Flood Control District's "Urban Storm Drainage Criteria Manual". 4. An adequately sized culvert is to be installed at the drainage crossing on the access roadway. ' 5. Temporary measures should be taken to control and prevent mud and debris from being washed or tracked onto the adjacent ditch, roads and properties. The completed subdivision improvements and landscaping will provide the permanent erosion control measure. ' REFERENCES I. Larimer County"Storm-Water Management Manual" prepared by Resource Consultants, Inc. for Larimer County, Colorado and dated April 1979. II. Urban Drainage and Flood Control District, "Urban Storm Drainage Criteria Manual," (current revisions). 1 . 3 I I I I I I EXHIBITS I I I I I I I 1 I I I ' GARCIA II P . U . D . N I f� I 4 _ r L I f'. wr � -��,Q,�0R�49• S . , _ •D ._• • �� ?5c 7/ NI -..:ti_ ' .5!}ay re 3� I k 4. , ~ t' . i Q� I zi.`•t:zT ? N \ k \ ITE A . . at.. ---k ,,. r' III \ ,fi • _1-7.-;2i: :k Vi i' L. C, I L} j i i'ti l --" I .j J . fr! 1 F ,\ j il II r ` 4 r I__ -- == - - --_ i s \ s / r (:•";- .01 ` + •, 4"yT7 fF f�I f /47 •F - +" 411 ;. y yn. l,l I VICINITY MAP SCALE: 1 "= 1 ,000' ' Located in the West Half of the Northeast Quarter of ' Section 5, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado w a w � � r�r u- t9 Q i F W C co C o m ce Ca r O ? Ca Ln W T m E`o E o E u = N CO .-..- q'. a o f ry a W = n 4.. S «� Q RI o m 8` a w c n W c0 CC N EEC 2sggvRt L u ti oa a � ! m in = z d C p m in ^+ a o m E Eyap� �I CZ 0 AZO ° CC° `€SELL 1-� LL Q F. z E,.� a p in o egg tu a. T 4 zU =t HO��S < 1 o ag Orral �O (rO`). F4 W a0 0 m 5 5�E Q•s C V Y jJ CCw CCw �p scuKV d. � :F. a3 E §I (N- if g¢LL1 — - -- Rio°? V aa. 22 ,- 4 I N - o I C _ O - / p �� Q- /O 111 - �': .Z.' - I K, e o ..../X-- I / -� -h W i:3`a: -3 a` 1.--N\ / w -4 h = _ I \ B Y _ O i Z - Q o D - ¢ Oo U p w �1 o z ® ® N Q�IwSi p N J - N l } _ h7./ and ii oftio II II I II II E O 0o EN o11 V ccr o 72/ 1; 41N I it " II IhCID 16 II II 0 I (ics?Ci wIF II Z p N II I illz v El M898 _ —. - A1Nf1 � I M698 A1Nl03 1:13011 Wail sluo�lnsuo0 6uuaau16u3 loauawuo�lnu3 pup Iin!O U II d II VIO2IV� $ N�SNOLLIUNOO ONLLSIXH o o JdHIHXS SUVNIVZIU allll "' 3 z c L � TT 'DUI '6uiiaaui6u3 w v o NI- a l� S S J I �L •ONI `S?IMQ'IIf1B VQNQIOVH ,u H Y a e r W CI :1N3113 o N o v V) n ai L_ rn E o c c o C C Z t,- -4.7. 7 0 V C o F/ n o E •o c a j-•-• w c o E mo NU J m o c N O U C O C a / V O N V c C O 'n 6 'p't O O d. w w CO L C C n U7 C U +� O U U V of C V OCO OD LC O� pCP p a`l o \ / E_4:) 1 a 0 >,L- t_.u � c 0 3 u p Q C3 C7 \ o � a) c / ao o a c U i c o vv I I ' m O N w .° m - I�.� N O f •I t N ro co 1 \ \\ N c U ddd Ln I o m r7 U m LT/ / c In a a CD O N 1 \ 2 X lA li m . na c 8 \ 11 X T N Z111 r�sO\ Is] U v $ c -' W X _Y O O -A6- 02� c0 Q O o:. flNN d \\.2,-,.0 0 m o �' ____co,.......:., - in `� , \ d a� o / "S N > r �r05,, \ s / c c_) q°.o1p \/j M �90 9g°S / / i ��' O zOs VQ 69115. e 90 �oS tea(: �� — iS �� so s N. _ h , o S� S : I I � S v c t\i‘\N / '//- a9 j o TwcCjTx°It„,\,/ "--„/ -5, s, o 0S t ��S �9O� f90S I ce _ �- �� H / cc 3 u N. a -c a ---- -- �/7 L 11I 9 t ,F of o �[ O-. to _ _ c C I c -A O) to .ate I� � � C v ma �� c �� '& iV UIn Li ZS�S DSO SdS ge- 9�S , c o x ,9 �j ,-) o o N o c �� SSS / �-No wto N JJ U R o 0 z to £ S,4�a.n ii _ n __. .--r• - D-lam__. 09 ,IVMHOIH 3IVIS OGVeLO100 LGGG-YUS\ULDP^I^1 HkSVtl UJ pwl.".I ULG ^fPp TJ YI0G ] V.I. """"""•' "•••^•""' """" N a'n'd (NI II VI32iVO o swo1Insuoo buuaau6u3 to}uauiuo.anu3 pulp I!A 3 SNOLLIUMOD a3SOdOad N O ,LIRA-1X3 I`JVNId2Ia 31111 "' 3 Z ao `f— •oul '6uueau16u3 w L> o o O �T TnT ONI `S2IHQ`IIf1H VQNHIGVH w < 3 x a =NI n a �l s s a 1M �L1N3110 o in) c�i V7 w n d c) O+` O N C p j N •_ C O Z V CO O U J p .O 13 C a Luc n`� 47.= C_ O �n c O NV NO J NN o ....d- m .O. N u U -� o .-' a .-' 'U1 O 0 C o 3 o C o ss�� — I I U V U V N V 01 U 0 c •O - N w �.�� / I -° t to o to ,_ :,:5.2 o a .. 6 C ] C•t CO co C V .�.+ O V —� ] O O C lr�(/ flNI11! ; I in ad, / cb/! co d o o m n a C � I I a /1 YIO in N \w .° '0 m ui ri 0 6 1_ I U U QJ Li I� j-iC \ d / C) Ul ` O o OU N N \ O iCC a x - ,1 Di 0 V--Q_ .. E S o ICJ v V v ✓_ m o o L" o ``'OVA • o x Y :1):)„ 1 Z II O .... N O J \ O CP Q 4;6: co (0 v- O 1 19 Q n III O 0.0 �` m o 0 .....C1..--------- - ,„,/ I-690 m 79 o LL o O o ci na • r\ Ps 0_ u) 0 0,c„. ` tom- a) o S \ 0.0 R U oi \ NN V y� U � �n O N c , t _. I O w l c N dOg, G O D K90S.... a ,_ O 690 � � a o C O w p 1 w 11 9 o cn �� / as _ �� - °s �o a .c 1 %\ \ g �� -= �� d�_ Q9 \ w E(D—� o Y oCDS W 9© �.... li .� i � ad � IIIIII N \ Q T S- I�; c 'a- :::: E cn / sm/ So N 4-4 , i L o .� o o w � U / Q p\il 5y \t..a) c �� • 3 / m r -o Atli U fl C9 C Io a L I a) o D a l m O 7 oN m ,c a C Q w IN NI- ��11\ V uw0oxw os w � I _ � � I� r .� c u SS - o v Oa °S - I , </con O Ecoc 4i z U) o _ O9 kVMHO1H 31V1S OGV≥dO-1OO '-L._1_________ LZI:Z•c99(CL6'''oia. 9ccDF CD 'Duo's''°^ 6• ,Z o1 .'ts 416 '3 CS. OQVfO'1O3 .d.1.N(100 Q73M �, — $ D:(ns..o; 6..•.oau.6:.3 :Dluaa•uc.m.3 e.g.- ...:+ --_ Mild 108.I.N00 NOISOH3 h, 1 Du '30VNIVHQ 'OAIQV21O :31:11 la31'0lid ' )I #o s— lr r i '6 u uaow6 u 3 Ei i c ci i co rn C m( F6 uo ltl nsDp �H 1 C1 1 H Ik .0N.1 1 'S 1 Q111 S H Q N M V H P d. rI SNWSIA3L' :1N3113 $ DS : U X � 1aSe ° Y SEtP- ill ze •e t �` p.:-.`3 r' 0.4 IL rp $F 8-E o'3Y w K .nac� E NI K. eW>: h �`, _` o p4.pp s • o gaf' <<0 4 p sbib^'4- L. c, 8 Si 42 r_c a2 a in CAE y;W.. aW. n g `,� �� e34S ��a^ ar L' Eu Eo 41a n nfi a,oU Vc) c, s• o « ° E. ' oaD ggg�s. • v e e e$ rc�- °o1 tY E r cp y z s n �t. I �' O _.J• ��+�s,% , °uu ud e v urn u`D vc cgp ��Ea oii - 1 l• N C 2v I #3qE� WI cN c= 7 c [p c°� cn� c' $ o- 3 i F I- N N $pY yp 3g3S � ) 1,,:il s #£ I It i5�p ° r/ i ro _N s ro s4 r!1;� m4s,� �� .'4 e` u ° �.i —n. C W l Y'' 1"6. o O 51° t 0 V.o V� i c E(F4. °. eyy rG`.r y p11� ,2 ! • }v u u u V _H1': S- 9 Fcl , { o4 SL � - O �zQm1aY� i.0 kL i., 5. '4�' noo� p0O � £7646 b. €$ E 71°�Ewa'LF cri ! !e ��a0.►N .. c �� -'c e :a c•� °� S.�¢�= b �wIwSnkLr eM4to � ��i4:. 4 6 Zi � v eto€ ��.�� ,`s 6�Jo� �f $ a�li�4°L'� rC O CCZ .y� . $ ipp 4� �• o ye9v,c�,d1S� �2 �� I 4n : .OSpgE= b f sS.oa. « ' a s�° &, 9cYD W'� I x v Eb �Nwh .�� ,F�`8 � .V o c tlo�"fib � I �> ��" 7, . � r...2 8 °— i 2. S Ec 1 ° n zii �c'O s85� 4F Fl�dc,it 8� _ G' I 9 O 'S$ py"L$- g�t;3 ryier;n �� 83 '$F l' ° �� '`� `oT ; � � g �s!; �►47L � a { a: £s6.° } `_ - -�_- oin < _^r—TL Qy L� •1 o Cn4L Voin o. .. ° c u o Z ,r, , —__ 11 i3 _ - > ° � + �� . .\\.)44. \ �t WfZ 1 d p t ce G • Q \ ,'\ f �� ter, � - r — • W., 1 • 4 a . VII c: m K i. Z A g 3 ji .� ``\ e b C a ) m r. � re ° + s' ' 1°r.' V ti I \ DC 0 Pry a; W — i \ 1jW v': . --I : v Iv g p e0 I I \ • z rte_ pQ, Ne a Li .5,,,,, 4/1- QgC ` OZO 12 kJ x IV �� LtaJ Vi C co / • j g e ...) ... x 4 s§ YYY Yy • 0 8 E i 2 . � ;ii.., /- 3 y€5.o d r O o Y �_ = uR £°y I F S Su' ip fi \ \ 'aaaSSS c' `� s,{ •!"f.Zi4 `oW / vD P V W I ` • _ 1' i D C I 1,D r •• jl i▪l na e a . � r �\ � ; ' � gos R� o I -`:1\ S8 �< F 4. z x«0.41 i iI"\ n ltl0 5 N „.�..'i� @. N6oW� Ni li K 8g I•� is NI- F-J Ns_st -s 'spy _ Y _ J '....um: ,�WX i40i2 D .t' _ i� y - _.— J in F It -2�0@ ' F.oa g."f a Ri j O iI , •I o e..9 g9� �_ \ c g;o}' 3„_ila i� O .S gam„ I �� - l4 : l / b4 $ �. lot '� '� - sa e — 4 b eo 1 i -4 Wt !ii V "iF >;�1x r� 90q a oi5 c 9 ow O g▪u g b ( �r� raoT '5 4 ₹3 -. �L». mob` o �.. ##c �. � s s Y° Al 1 Cr • £{l _ 1.0,2;-,,.rf I- i V' \ �i, 1 �R. , 1ay 1 ZI•oM� wu t o -i• gy I J a o9O .._ I '�II! r' F! t E �r< ,Ix„,-e i e J- ri "L' J1 ill ono m.- t4 1 p,k �—O W v'fps / ~ O W _•~ 'ifi• tF J j O O I •'3 ` y a `�6' O 's O T 1 I ocv� �; cry, at; o ' F sii rJ: �s I �� \'� � it �' 'a S cb.� �S I Sao O? Y I { / s L .� ( 4 3t 1 j i r.1 ¢ o JII $& ° ` h ri5 —— 1__ �.._— \' J X33 a ;gW"'..,!I I a c ri ! ?I o o iZ o�F- t y 5 INN,' I �g I� -0:f. * ;W _ o .y/ arc • IV 1YW N� y3 I111 N i Q I 0� C 1 \Y1 �^ 11 U •^I, , ,� '-�y �, _ __`! �j ! Se) / Z OO t 1 1 i ' ; ` . e O ini0 1 z I !if r'Qts I I Z a �� _ �!A i- - _/___&41' — - - — I i f i i • itz U s off( ✓- fir. ��.+,p t \ ;�j v O G3 11 � ? a — — " `y_ .,„______.......A....__ ! � 3 v i s `o o v a of o � ��T — �` f► � P. c 4N 1 a r aE E ^$� � c o� }4 In b W of 8O" `��''.� C va 7*S:fb• yIr/n ! I t�k 7" Ii'... - c'- tw pg CW ` 3„,,,, b t u 6 Z ab �Y S 7 W U s _` I K'o• X 'o 1 1 1 1 1 1 1 1 APPENDIX I 1 1 DRAINAGE CALCULATIONS 1 1 1 1 1 1 1 1 ' Area-Weighting for Imperviousness Calculation ' Project Title: GARCIA II-P.U.D. Catchment ID: EXISTING CONDITIONS-SUB-BASIN 'A' I Illustration 1 5tee.% t iE am: Flow Daemon } '1 5°ra„ C:2r�m m[ Subarea 3 Ea®aay ' Instructions'. For each catchment subarea,enter values for A and I. Subarea Area Percent Product I ID acres Imperviousness A I* Al input input input output I Undev. 48.50 2.00 97.00 Street 0.40 100.00 40.00 Roof 0.00 90.00 0.00 Gravel 0.00 40.00 0.00 I Drives 0.00 90.00 0.00 Landscape 0.00 0.00 0.00 I ' sum: 48.90 Sum: 137.00 _ .Ares.Weighted Imperviousness(sum A9/sum.A)o_. 2.80_ .. _ _ •_ I *See Table RO4 for recommended percentage Imperviousness values. I I 1 . . I. I Page 1 I I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Title: GARCIA II-P.U.D. Catchment ID: EXISTING CONDITIONS-SUB-BASIN 'A'-5 yr.STORM II. Catchment Hydrologic Data Catchment ID= 'A' I Area= 48.90 Acres Percent Imperviousness= 2.80 % NRCS Soil Type= C A, 8, C, or D III. Rainfall Information I(inch/hr)=C1 *P1 /(C2+Td)"C3 Design Storm Return Period, Tr= 5 years (input return period for design storm) I C1 = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 1.41 inches (input one-hr precipitation—see Sheet"Design Info") IIll. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C = 0.17 I Overide Runoff Coefficient, C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.17 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) ' Illustration I Reach 1flar LEGEND Reach 2 O Beginning How Direction I . E Catchment Renck 3 Boundary II NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field - Pasture/ Bare Swales/ Shallow Pavc' e'. . >z IL_ I I I Lawns Ground Waterways (Sheet Flow) I. ' I conveyance 2.5 � 5 I' 7 10 15 I 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coetf ante V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.0120 400 0.17 0.21 31.68 ' 1 0.0120 1,000 5.00 0.55 30.43 2 3 4 5 Sum 1,400 Computed Tc= 62.11 Regional Tc= 17.78 IV. I Peak Runoff Prediction using Computed Tc ediction using Regional Tc Rainfall Intensity at Tc, I = 1.39 inch/hr Rainfall Intensity at Tc, I= 2.95 inch/hr Peak Flowrate, Qp= 11.46 cfs Peak Flowrate, Qp= 24.25 cfs I I Page 2 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Tide: GARCIA II-P.U.D. Catchment ID: EXISTING CONDITIONS-SUB-BASIN IN-100 yr.STORM II. Catchment Hydrologic Data Catchment ID= 'A' I Area= 48.90 Acres Percent Imperviousness= 2.80 % NRCS Soil Type= C A, B, C,or D III. Rainfall Information I(Inchfhr)=C1 'P1 f(C2+Td)AC3 Design Storm Return Period, Tr= 100 years (input return period for design storm) I Ct = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 2.66 inches (input one-hr precipitation—see Sheet"Design Info") IIII. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C = 0.51 I Overide Runoff Coefficient, C= (enter an overide C value if desired, or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.17 Overide 5-yr. Runoff Coefficient, C = (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) ' Illustration �-------- I rb" LEGEND Reach 1 flay OBeginning gnn' Flow Direction I . Catchment Reach 3 Boundary ' NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type M cdcw Field Pasture/ Bare ILawns Ground Waterways I r _.(She,.Flow) I II Conveyance If 2.5 [ 5 ] 7 10 15 — 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Tf ft/ft R C-5 fps minutes input input output input output output Overland 0.0120 400 0.17 0.21 31.68 ' 1 0.0120 1,000 5.00 0.55 30.43 2 3 4 5 Sum 1,400 Computed Tc= 62.11 Regional Tc= 17.78 IV. I Peak Runoff Prediction using Computed Tc ediction using Regional Tc Rainfall Intensity at Tc, I= 2.63 inch/hr Rainfall Intensity at Tc, I= 5.56 inch/hr Peak Flowrate, Qp= 65.52 cfs Peak Flowrate, Qp= 138.67 cfs I I Page 3 • I Area-Weighting for Imperviousness Calculation IProject Title: GARCIA II-P.U.D. I Catchment ID: EXISTING CONDITIONS-SUB-BASIN'B' Illustration • 1 . LEGEND: Flow D iXECtl all I 5'°'la C- ctua car Suba¢a 3 Lw+alsy x ' instructions: For each catchment subarea,enter values for A and I. Subarea Area Percent Product I ID acres Imperviousness A r Al input input input output I Undev. 25.90 2.00 51.80 Street 0.00 100.00 0.00 Roof 0.00 90.00 0.00 Gravel 0.00 40.00 0.00 IDrives 0.00 90.00 0.00 Landscape 0.00 0.00 0.00 I ' sum: 25.90 sum: 51.80 Area-Weighted Imperviousness(sum A'llsum A). 2.00 ' `See Table RO-3 for recommended percentage imperviousness values. I I 1 . . I Page 4 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Title: GARCIA II-P.U.D. Catchment ID: EXISTING CONDITIONS-SUB-BASIN 'B'-5 yr.STORM II. Catchment Hydrologic Data Catchment ID= 'B' I Area= 25.90 Acres Percent Imperviousness= 2.00 % NRCS Soil Type= B A, B, C,or D III. Rainfall Information I(inch/hr)=Cl "P1 /(C2+Td)AC3 Design Storm Return Period, Tr= 5 years (input return period for design storm) I Cl = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 1.41 inches (input one-hr precipitation--see Sheet"Design Info") IIII. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C= 0.08 I Overide Runoff Coefficient, C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient,C-5= 0.08 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) ' Illustration O1'erl LEGEND Reach 1 flew Reach 2• O Beginning I now Matta E Cathment Reach 3 Boundary I NRCS Land Heavy Tillage/ I Short Nearly Grassed Paved Areas& Type Meadow Field .'..;[, - Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) I Conveyance 2.5 r 5---,F �7 � iii' l 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Ti' min utes ft C-5 fps input input output input output output Overland 0.0150 400 0.08 0.21 32.17 ' 1 2 0.0100 550 5.00 0.50 18.33 3 4 5 Sum 950 Computed Tc= 50.50 Regional Tc= 15.28 IV. ' Peak Runoff Prediction using Computed Tc ediction using Regional Tc Rainfall Intensity at Tc, I= 1.60 inch/hr Rainfall Intensify at Tc, I= 3.17 inch/hr Peak Flowrate, Qp= 3.38 cfs Peak Flowrate, Op= 6.71 cfs I I Page 5 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Title: GARCIA II-P.U.D. Catchment ID: EXISTING CONDITIONS-SUB-BASIN 'B'-100 yr.STORM ' I. Catchment Hydrologic Data Catchment ID= 'B' I Area= 25.90 Acres Percent Imperviousness= 2.00 % NRCS Soil Type= B A, B, C,or D III. Rainfall Information I(inch/hr)=C1 "P1 /(C2+Td)AC3 Design Storm Return Period, Tr= 100 years (input return period for design storm) I C1 = 28.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 2.66 inches (input one-hr precipitation—see Sheet"Design Info") IIII. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C= 0.36 I Overide Runoff Coefficient, C= (enter an overide C value if desired, or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.08 Overide 5-yr. Runoff Coefficient, C= (enter an ovende C-5 value if desired, or leave blank to accept calculated C-5.) ' Illustration I • overland • Reach 1 o, LEGEND Reach 2. Q Beginning Flaw Direction I 4- Catchment Reach 3 Be.udasy I NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& - Type MC=1... II !,old - —Pasture/ -- Bare— -Swales/ - Shallow Paved Swales I Lawns Ground Waterways (Sheet Flow) • Conveyance j) 2.5 5 il 7 I 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Tf ft/ftft C-5 fps minutes input input output input output output Overland 0.0150 400 0.08 0.21 32.17 ' 1 0.0100 550 5.00 0.50 18.33 2 3 4 5 Sum 950 Computed Tc= 50.50 Regional Tc= 15.28 N. I Peak Runoff Prediction using Computed Tc ediction using Regional Tc Rainfall Intensity at Tc, I = 3.01 inch/hr Rainfall Intensity at Tc, I= 5.99 inch/hr Peak Flowrate, Qp= 28.29 cfs Peak Flowrate, Qp= 56.17 cfs I I Page 6 Area-Weighting for Imperviousness Calculation Project Title: GARCIA II-P.U.D. ' Catchment ID: PROPOSED CONDITIONS-SUB-BASIN 'A-West Illustration ' r m: • Flow Dixecafla c ChM car $main J P.amday Instructions: For each catchment subarea,enter values for A and I. Subarea Area Percent Product ' ID acres Imperviousness A I* A*I input input input output ' Undev. 18.35 2.00 36.70 Street 0.70 100.00 70.00 Roof 0.40 90.00 36.00 Gravel 0.45 40.00 18.00 Drives 0.20 90.00 18.00 Landscape 0.60 0.00 0.00 1 sum: 20.70 Sum: 178.70 Area-Weighted Imperviousness(sum Al/sum A)= 8.63 ' *See Table RO-3 for recommended percentage imperviousness values. _ 1 I • Page 7 1 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD 1 Project Title: GARCIA II-P.U.D. Catchment ID: PROPOSED CONDITIONS-SUB-BASIN'A-West-5 yr.STORM ' I. Catchment Hydrologic Data Catchment ID= 'A-West' I Area= 20.70 Acres Percent Imperviousness= 8.63 % NRCS Soil Type= C A, B, C, or D ' II. Rainfall Information I(Inch/hr)=Cl 'P1 l(C2+Td)^C3 Design Storm Return Period, Tr= 5 years (input return period for design storm) I C1 = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 1.41 inches (input one-hr precipitation—see Sheet"Design Info") IIII. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C= 0.20 I Overide Runoff Coefficient, C= (enter an overide C value ifdesired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.20 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) ' Illustration Reach 1 "triad LEGEND Reach O B�udng 2 Flow Direction fa <-- Catchment Reack 3 Boundary I NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Meadow Field Pasture/ Bare Swales/ Sha t v ^,,< -.¢.,?ias Il l Lawns Ground Waterways (Sheet Flow 1. Ccie<yance 2.5 5 7 10 j 15 I 20 1 I Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.0150 1,300 0.20 0.42 51.09 ' 1 0.0100 25 15.00 1.50 0.28 2 3 4 5 Sum 1,325 Computed Tc= 51.37 Regional Tc= 17.36 IV. I Peak Runoff Prediction using Computed Tc ediction using Regional Tc Rainfall Intensity at Tc, I = 1.58 inch/hr Rainfall Intensity at To, I= 2.98 inch/hr Peak Flowrate, Op= 6.64 cfs Peak Flowrate, Op= 12.52 cfs I Page 8 I I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Tide: GARCIA II-P.U.D. Catchment ID: PROPOSED CONDITIONS-SUB-BASIN'A-West-10 yr.STORM ' I. Catchment Hydrologic Data Catchment ID= 'A-West I Area= 20.70 Acres Percent Imperviousness= 8.63 % NRCS Soil Type= C A, B, C, or D ' II. Rainfall Information I(inch/hr)=Cl *P1 /(C2+Td)"C3 Design Storm Return Period,Tr= 10 years (input return period for design storm) I Cl = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 1.69 inches (input one-hr precipitation—see Sheet"Design Info") IIII. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C = 0.30 I Overide Runoff Coefficient, C = (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.20 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) ' Illustration �-------- ' Reach 1 LEGEND flow Reach 2. Q Deeming Flow Direction I it---- Catchment Reach 3 Boundary ' NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Sw-'--:! Shallow Paved Swales Lawns Ground Waterways II . (Sheet Flow) -. -- - ' Conveyance ] 2.5 5 7 10 - I--- 'i3 I -20 Calculations: Reach Slope Length Syr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.0150 1,300 0.20 0.42 51.09 ' 1 0.0100 25 15.00 1.50 0.28 2 3 4 I 5 Sum 1,325 Computed Tc= 51.37 Regional Tc= 17.36 IV. I Peak Runoff Prediction using Computed Tc �iction using Regional Tc Rainfall Intensity at Tc, I = 1.89 inch/hr Rainfall Intensity at Tc, I= 3.57 inch/hr Peak Flowrate, Qp= 11.60 cfs Peak Flowrate, Qp= 21.90 cfs I I Page 9 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IllProject Tide: GARCIA II-P.U.D. Catchment ID: PROPOSED CONDITIONS-SUB-BASIN'A-West-100 yr.STORM ' I. Catchment Hydrologic Data Catchment ID= 'A-West I Area= 20.70 Acres Percent Imperviousness= 8.63 % NRCS Soil Type= C A, B, C, or D III. Rainfall Information I(inch/hr)=Cl *P1 /(C2+Td)^C3 Design Storm Return Period, Tr= 100 years (input return period for design storm) I Cl = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 2.66 inches (input one-hr precipitation—see Sheet"Design Info") ' III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C= 0.53 I Overide Runoff Coefficient, C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.20 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.) 1 Illustration •-------- ' overland . Reach 1 flav LEGEND Reach 2. O Beginning Flow Direction I . 4— Catchment Reach 3 Boundary I NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pa! ''.! -Bare- Swales/ -Shallow Paved Swales Lawns II Ground Waterways (Sheet Flow) I - Conveyance II, 2.5 5 F-7---- -I 10 'l 15 I 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Tf ft/ftft C-5 fps minutes input input output input output output Overland 0.0150 1,300 0.20 0.42 51.09 ' 1 2 0.0100 25 15.00 1.50 0.28 3 4 5 Sum 1,325 Computed Tc= 51.37 Regional Tc= 17.36 IV. I Peak Runoff Prediction using Computed Tc Iction using Regional Tc Rainfall Intensity at Tc, I = 2.98 inch/hr Rainfall Intensity at Tc, I = 5.63 inch/hr Peak Flowrate, Qp= 32.58 cfs Peak Flowrate, Qp= 61.46 cfs I IPage 10 ' I Area-Weighting for Imperviousness Calculation I IProject Title: GARCIA II-P.U.D. ICatchment ID: PROPOSED CONDITIONS-SUB-BASIN'A-East' Illustration I LE=D: Flaw Dasim ' I 4 �� suiass 1 b^ soma=y ' Instructions: For each catchment subarea,enter values for A and I. Subarea Area Percent Product I ID acres Imperviousness ' A I* Al input input input output I Undev. 25.90 2.00 51.80 Street 0.65 100.00 65.00 Roof 0.40 90.00 36.00 I Gravel 0.45 40.00 18.00 Drives 0.20 90.00 18.00 Landscape 0.60 0.00 0.00 I ' Sum: 28.20 sum: 188.80 Area•Weighted Impervialcnas(sum A'llsum A)= 6.70. _. ' *See Table RO-3 for recommended percentage Imperviousness values. I I 1 . I Page 11 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Title: GARCIA II-P.U.D. Catchment ID: PROPOSED CONDITIONS-SUB-BASIN 'A-East-5 yr.STORM ' I. Catchment Hydrologic Data Catchment ID= 'A-East I Area= 28.20 Acres Percent Imperviousness= 6.70 % NRCS Soil Type= C A, B, C,or D ' II. Rainfall Information I(inch/hr)=C1 *P1 /(C2+Td)-'C3 Design Storm Return Period,Tr= 5 years (input return period for design storm) I C1 = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 1.41 inches (input one-hr precipitation—see Sheet"Design Info") IIII. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C= 0.19 I Overide Runoff Coefficient, C= (enter an overide C value ifdesired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.19 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) ' Illustration •-------- . flewover LEGEND Reach 1 Bay Reach 2. O Er iimi� Flow Direction ICatchment Reack 3 Boundary I NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas 8 Type -a vw Field Pasture/ - Bare- Swales/ Shallow Paved Swales III I Lawns I Ground Waterways (Sheet Flow) I I Conveyance II 2.5 II 5 I 7 10 15 I 20 Calculations: Reach Slope Length Syr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.0100 400 0.19 0.20 32.79 ' 1 0.0110 1,000 15.00 1.57 10.59 2 0.0050 250 15.00 1.06 3.93 3 0.0100 400 15.00 1.50 4.44 4 5 Sum 2,050 Computed Tc= 51.76 Regional Tc= 21.39 IV. I Peak Runoff Prediction using Computed Tc ediction using Regional Tc Rainfall Intensity at Tc, I= 1.57 inch/hr Rainfall Intensity at Tc, I= 2.68 inch/hr Peak Flowrate, Qp= 8.51 cfs Peak Flowrate, Qp= 14.48 cfs I IPage 12 I CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD IProject Title: GARCIA II-P.U.D. Catchment ID: PROPOSED CONDITIONS-SUB-BASIN'A-East'-100 yr.STORM ' I. Catchment Hydrologic Data Catchment ID= 'A-East' I Area= 28.20 Acres Percent Imperviousness= 6.70 % NRCS Soil Type= C A, B, C,or D II. Rainfall Information I(inch/hr)=C1 'P1 /(C2+Td)AC3 Design Storm Return Period, Tr= 100 years (input return period for design storm) I Cl = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 2.66 inches (input one-hr precipitation—see Sheet"Design Info") ' III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient, C= 0.52 I Overide Runoff Coefficient, C= (enter an overide C value if desired, or leave blank to accept calculated C.) 5-yr. Runoff Coefficient, C-5= 0.19 Overide 5-yr. Runoff Coefficient, C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) ill Illustration Reach 1 overland o, LEGEND Reach 2. O Rrg Flow Dttecdon . E— Catrhment Reach 3 Boundary t NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& ?;•pt Meadow Field Pasture/ Bare Swales/ Shallow Paved Sv-!-:• Lawns Ground Waterways (Sheet Flow) -- - Conveyance II 2.5 I s 7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time I Coeff ante V Tf ft/ftft C-5 fps minutes input input output input output output Overland 0.0100 400 0.19 0.20 32.79 ' 1 0.0110 1,000 15.00 1.57 10.59 2 0.0050 250 15.00 1.06 3.93 3 0.0100 400 15.00 1.50 4.44 4 5 I Sum 2,050 Computed Tc= 51.76 Regional Tc= 21.39 Iv. I Peak Runoff Prediction using Computed Tc iction using Regional Tc Rainfall Intensity at Tc, I= 2.97 inch/hr Rainfall intensity at Tc, I= 5.05 inch/hr Peak Flowrate, Qp= 43.71 cfs Peak Flowrate, Qp= 74.40 cfs I Page 13 1 ' DRAINAGE CRITERIA MANUAL (V. 2) CULVERTS I I t 0 r z - w N f 11 " O y j �r-h-JIg r �'N O il 3 0 a J I V O W 111p013� �9 J, sato° r II cc N r > .N F O W 0 Z Z F- O U r e I1l031N00 O W W Q S o 0 0 W < Cr) I" W w 1' z -- 0 w J ' „ ,i -` 2 Q 2 ., J a Q x o ✓1 W w u z 2 ¢ r ' �. z N x N I-- J - a % W W a E `f J '_; J z J VM x o t 3 W r ± o a x r a T. 3 3 4. E x I._ ii‘N O — 7J a JO - I I_ W r u N Z II II - O a (3- O ri Z Z 3 u 1 F'• "u O O a w 0`,1 O ' Q cat F� Q> a Co i F 7 re• T `( W w a-J o x S • 3 --I _I � a1,3 Z I W W No a n o Y _ - a cc cc z- 7 W F �' tan z - m rn a s W g . Z Q z - U w O • S �1 3 3 a s la la v - I CI C U T I G Q U < ? O C O f'1 b� F- F to U W Z "` ❑ ❑ N r W Q 0z to N 2 J _ u w — 0 I 3 w w a .9O x W F- O g o u ¢ U J W 0 11 11 N z a 03 Cr 5. o c Oho '— i_O o- ' O ��yy n r W CC Y a = V >rc `rcz -Jo : N m uw z W M • I . From BPR FIGURE CU-8 ' Design Computation for Culverts—Blank Form Page 14 ' 06/2001 Urban Drainage and Flood Control District 1 1 ' APPENDIX H CHARTS, GRAPHS, FIGURES AND DETAILS 1 1 1 . 1 IA1Nf1O3 a13M 1 ° --- --- o m 9 —I s O . o r L_ I ` • pCn C -1 t �� O i p I 7 0 1 a �� . •ivy n V C�. J C��, ... '�' : �i ~' 1 R e " a:o ,)�, I I , o C W , W J' E J _ o . if O il N 1 r i • = � �-, a JIm 5L.,--, 7 o-IC t Wa LL t v It v�� rs r. .i. , 1 °IV... e‘'.3 / /GO/J� in 1 ._ , -C I 1 • I I` d l0 a\* ,�� mil— Qo _ Z 0 3� o or 14 1 r. v- n" G�SON ci G 'Q _ a LI NI I I re r lib co 1 • - _ 0 ei W W LL Q 0 O W 1 I < a a k— 'o I I- i 0 . (.) CC I CC 1 I ANON Cl. I I 1 G I co > I cc I U o Q Iza Z W LL z c ¢ O w0r , G T- to H- Q ¢ -v'ou I ~ � � ° 3 P1 w _ Q uawH O O J OU I-� I O '- W a ¢wD i I CL — >O z _10 N G W J G Q N co CL H b o < r 4 // / , 1 J Cu o a w La , J .� wa0H // I I I C N G w -rri z /// z o' Q o O IL EL all_ cc 0 / / o a c I ryy A p I y ti 0 I n I I o m m rtoh - P n N )n°H gad sagpul ) AlISN31NI 1IVdNIVEI I I I LOVELAND ' STORM DRAINAGE CRITERIA MANUAL TABLE 502 ' DESIGN TOTAL RAINFALL AREA II — LOVELAND ' 2hr-5min Storms ' NOTE: All Rainfall Values are in Inches TIME 2-YR - 5 YR0 25-YR 50-YR 00-VR 5 0.29 0 41 0.49 0.59 0.68 0.77 10 0.45 0.64 0.76 0.92 1.06 1.20 15 0.57 0.81 0.96 1.16 1.34 1.52 I 20 0.66 0.94 1.12 1.36 1.54 1.78 25 0.73 1.04 1.24 1.50 1.71 1.98 30 0.79 1.12 1.33 1.61 1.86 2.10 I 35 0.83 1.19 1.41 1.70 2.00 2.30 40 0.87 1.25 1.48 1.78 2.10 2.39 45 0.91 1.30 1.54 1.85 2.18 2.47 50 0.94 1.34 1.60 1.91 2.25 2.54 ' 0.97 1.38 1. 1.97 2.31 2.60 h0 1 1.00 .41) 1.69 "' 2.03 2.36 ;2.6fi 1 65 1.03 1.44 1.73 2.08 2.40 2.71 70 1.06 1.47 1.76 2.12 2.44 2.75 I 75 1.08 1.50 1.79 2.16 2.48 2.79 80 1.10 1.52 1.81 2.18 2.52 2.82 85 1.11 1.54 1.83 2.22 2.55 2.85 I 90 1.12 1.55 1.85 2.25 2.58 2.88 95 1.13 1.56 1.87 2.27 2.60 2.91 100 1.14 1.57 1.89 2.2; 2.61 2.93 I 105 1.15 1.58 1.91 2.30 2.62 2.95 110 1.16 1.59 1.92 2.31 2.63 2.97 115 1.17 1.60 1.93 2.32 2.64 2.99 120 1.18 1.61 1.94 2.33 2.65 3.01 I I WRC ENG. REFERENCE: Latimer County Storm Water Management I Manual, FEBRUARY 1979 -506- I I31 ' DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF I TABLE RO-3 I Recommended Percentage Imperviousness Values Land Use or Percentage I Surface Characteristics Imperviousness Business: Commercial areas 95 I Neighborhood areas 85 Residential: Single-family Multi-unit (detached) 60 I Multi-unit (attached) 75 Half-acre lot or larger Apartments 80 I Industrial: Light areas 80 Heavy areas 90 Parks, cemeteries 5 I Playgrounds 10 Schools 50 Railroad yard areas 15 I Undeveloped Areas: Historic flow analysis 2 Greenbelts, agricultural 2 I Off-site flow analysis 45 (when land use not defined) Streets: Paved 100 I Gravel (packed) 40 Drive and walks 90 Roofs 90 I Lawns, sandy soil 0 Lawns, clayey soil 0 See Figures RO-3 through RO-5 for percentage imperviousness. I Based in part on the data collected by the District since 1969, an empirical relationship between C and I the percentage imperviousness for various storm return periods was developed. Thus, values for C can be determined using the following equations (Urbonas, Guo and Tucker 1990). ICA = KA + (1.31i3 - 1.44i' + 1.1351- 0.12) for Ca ≥0, otherwise CA = 0 (RO-6) CCD CD= K + (0.858i' - 0.7861- + 0.774i+ 0.04) (RO-7) I CB = (C A + COD)I2 ' in which: Ii = % imperviousness/100 expressed as a decimal (see Table RO-3) ' 06/2001 RO-9 Urban Drainage and Flood Control District il ' . /visions—Design Standards Sec.24-7-120 I / 6. Provision exists in the design or operation of any proposed drainage facilities to ensure suitable provisions for maintenance. The County does not maintain drainage facilities. 7. Where a subdivision proposal will cause the introduction of new pollutants into the runoff water, ' provision will be made for the storage,treatment and removal of such pollutants. D. The storm frequencies to be used in the design of storm drainage systems shall be obtained from the design storm frequencies listed in Table 24.2 below. ITable 24.2 Design Storm Frequencies I Design Storm Period Land Use � &esidential ,) 6-years„,: I Open Space 5 years Commercial 10 years Public Buildings 10 years I Industrial 10 years Road Crossing Conducting Drainage Road X10 years - ' Collector Road 25 years Arterial Road 50 years Natural Drainage 25 years I1. Storm drainage facilities designed in accordance with the above design storm frequencies will be flooded in the event of storms exceeding the return periods shown. In no case shall a one-hundred-year I design storm frequency cause inundation to any structure or pose a hazard. 2. All stormwater detention facilities shall be designed to detain the stormwater runoff from the fully developed subdivision from a one-hundred-year storm and release the detained water at a quantity and rate I not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. (Weld County Code Ordinance 2001-1) Sec.24-7-140. Airport overlay district requirements. I If a subdivision or portion of a proposed subdivision is located in an airport overlay district area, all applicable regulations of Cb prer 23 of this Code shall be met. I Sec.24-7-150. Flood hazard overlay district requirements. If a subdivision or portion of a proposed subdivision is located in a flood hazard overlay district area, all applicable regulations of Chapter 23 of this Code shall be met. ISec.24-7-160. Geologic hazard overlay district requirements. If a subdivision or portion of a proposed subdivision is located in a geologic hazard overlay district area,all applicable regulations of Chapter 23 of this Code shall be met. ISec.24-7-170. Planned unit development overlay district requirements. If a subdivision or portion of a proposed subdivision is located in a planned unit development overlay Idistrict area, all applicable regulations of Chapter 23 or 27 of this Code shall be met. Sec.24-7-180. Public sites and open spaces. I A. Within a subdivision, the Board of County Commissioners may require the dedication, development or reservation of parcels, or the placement or purchase of a conservation easement upon lands for parks, greenbelts or other necessary public purposes. The type of use, lot size and residential density shall be considered when determining parcels necessary for public purposes. Public purposes may include common Iopen space,parks,wildlife preserves,riparian areas,trails or other lands to be preserved. 24-46 Hello