HomeMy WebLinkAbout20060507.tiff EXHIBIT
1
-- PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLI 9 '
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 0805-23-0- 00-017
(12 digit number—found on Tax LD.Information,obtainable at the Weld County Assessor's Office,or W N IN co.'scldco.us.)
(Include all lots being included in the application area. If additional space is required,attach an additional sheet)
Legal Description W2 of the NE4 Section 21 Township 06 North,Range 66 West
Property Address(If Applicable) N/A
Existing Zone District:Ag Proposed Zone District:PUD Total Acreage: 63.34 ac Proposed#/Lots: 24
Average Lot Size: 1.83 Minimum Lot Size: 1.75 Proposed Subdivision Name: Ridgeview Farms
Proposed Area(Acres)Open Space: 9.7 acres
r
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Ridgeview Farms,LLC Attn:Brad Keirnes
Work Phone It (970)356-6600 Home Phone# N/A Email Address: brad@keirnes.com
Address: 3246 Grandview Drive
City/State/Zip Code: Greeley,CO 80631
APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany applications signed by Authorized Agent)
Name: Robb Cassedav
Work Phone# (970)454-8740 Home Phone# N/A Email Address: RobberceassedavCreativenesigns.coni
Address: 55 S.Elm Avenue,Suite 210
City/State/Zip Code: Eaton,CO 80615
UTILITIES: Water: North Central Weld Water District
Sewer: Individual Septic Systems
Gas: Atmos Energy
Electric:Home Light and Power Public Service(Xcel)
Phone: ()west
DISTRICTS: School: Weld RE-2
Fire: Eaton Fire Protection District
Post: Greeley
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for
the corporation. I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board
of County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld
County,Colorado:
/O 6 O (p. 74.os
Si : Owner or A gent Date S tore: Owner r Authorized Agent Date
2006-0507
Ridgeview Farms, LLC
55 South Elm Avenue, Suite 200
Eaton, Colorado 80615
To Whom It May Concern:
Pleased be advised that I, C. Bradley Keirnes, Manager of Ridgeview Farms, LLC,hereby
authorize Casseday Creative Designs, LLC to represent me in my endeavor to subdivide a parcel
of land located in the West Half of the Northeast Quarter of Section 23, T6N, R66W of the 6`h
P.M., Weld County, Colorado.
C. ley Keirnes, Da
RIDGEVIEW FARMS
RESPONSE TO COMMENTS
1. The site is not located in any of the defined urban areas and the site is unable to be served by
urban infrastructure such as municipal sanitary sewer.
- There is adequate water supply.
- Dept of Health has recommended approval. Their conditions have been
met.
- Since the demand for services already exist and is provided within the
general vicinity the additional subdivision will not create an undue
burden on County resources by being located in a remote location, but
will enhance service time and abilities.
- Section 22-2-90.b "Locations where urban development can occur
should be encouraged to develop as urban.
2. The application materials state that screening and buffering are not applicable
to this project.
- This statement has been removed from all application material.
- 25' of landscape buffering has been noted on plat & landscape plan.
3. Interior roads Curb, Gutter, and Sidewalk.
- To stay consistent with the surrounding neighborhoods and to maintain a
rural subdivision ambience to the community and the existing
subdivisions,the developer is requesting a variance to the urban scale
development requirement for curb and gutter.
- Public works has recommended approval.
4. Urban Scale Development requires support services such as central water, sewer
systems, road networks, parks and recreation facilities, and storm water
drainage.
- We have support of all these services with the exception of sewer systems
which is being replaced by a septic system.
5. The applicant has not provided evidence that conflicts with the irrigation ditches,
Oil and Gas lease areas, existing gas line or the surrounding roadways have been
or can be adequately addressed.
- Agreement with Cache La Poudre Irrigatin Company has been
reached.
- Agreement with Ogilvy Irrigation Company has been reached.
- Texas American Resources has been notified. Agreement in works.
- Agreement with Duke Energy is in the works.
6. The applicant shall submit evidence of an adequate water supply for irrigation of
landscape.
- We have obtained a revised agreement with NWCWD to include an
Irrigation tap.
7. The applicant shows an access road adjacent to CR 35 extending to ditches and
Oil/Gas facilities in the vicinity of the development. The access road must be
located outside the 110'right of way.
- The access road has been realigned to run straight south within the Ogilvy
Ditch easement agreement.
8. Applicant shall submit information regarding the current use and future plans for
the existing pump house on Lot 1.
- The "pump house"is actually a meter house and has been re-labeled on
the plat. It will be relocated along with the gas line once an agreement has
been finalized with Duke Energy.
9. The plat shall be amended to show the current and future location of the gas line.
- The plat will be amended when an agreement is finalized with Duke
energy.
10. The applicant shall verify the existing right-of-way for CR 35 (110) on the plat.
- Right-of-way has been noted on plat.
11. The applicant shall verify the existing right-of-way for highway 392. The
Applicant shall coordinate with CDOT concerning right-of-way and any required
roadway improvements.
- The right-of-way for 392 has been noted on the plat.
- We met with Public Works& started the review of our traffic study in
regard to possible improvements. CDOT has left the decision to Public
Works. Public Works will review prior to final plat.
12. Entrance sign shall be delineated on the plat and meet the required setbacks
- The entrance sign has been delineated on the plat and meets all set
back requirements.
13. Pedestrian shelter shall be amended to meet an offset of 10'from the future road
right-of-way.
- The pedestrian shelter has been amended to meet the 10' setback from the
future road right-of-wqy.
14. The plat shall delineate the required building setback from the existing oil and
gas structures.
- The setbacks have been delineated on the plat.
15. Public Works suggests a typical section of interior road be shown as two 12 foot
paved lanes with 4 foot gravel shoulders.
- Interior roads have been designed to meet Public Works standards&
sections and design will be provided with the final plat.
16. Landscaping within site distance triangles must be less than 3 Yd feet in height.
- Site triangles are clear and will be noted on plat.
17. Primary and secondary septic envelopes shall be placed on each lot.
- Septic envelopes have been placed on the plat.
ra.
AGREEMENT GRANTING TO THE NEW CACHE LA POUDRE
IRRIGATING COMPANY A PERPETUAL RIGHT-OF-WAY FOR
THE USE AND MAINTENANCE OF A DITCH UPON THE
PROPERTY OF RIDGEVIEW FARMS,LLC
THIS AGREEMENT is made and entered into this 2nd day of December,2005,
by and between THE NEW CACHE LA POUDRE IRRIGATING COMPANY,
hereinafter referred to as"the Company"and RIDGEVIEW FARMS, LLC, a Colorado
limited liability company,hereinafter referred to as "the Developer".
WITNESSETH :
WHEREAS,the Company has an established right-of-way for the maintenance
and operation of an irrigation canal on the property of the Developer in the NE1/4 of
Section 23, Township 6 North, Range 66 West of the 6a'P.M.,Weld County, Colorado;
and
WHEREAS,the Company desires to identify and plat in conjunction with the
Developer the perpetual right-of-way (hereinafter referred to as"Right-of-way") for the
use and maintenance of the aforesaid irrigation canal for the benefit of the Company's
shareholders; and
WHEREAS,the Developer is pursuing the development of a 24 Lot Residential
PUD(hereinafter referred to as"the PUD")on the property of Developer which shall
incorporate perimeter open space for aesthetic, recreational uses and utilities within the
Right-of-way; and
WHEREAS,by the terns hereof,the Company and the Developer desire to create
a perpetual right-of-way for the use and maintenance of the aforesaid irrigation canal and
for the use and maintenance of landscaping, fencing, open space, utilities and a recreation
trail within the Right-of-way.
NOW,THEREFORE,in exchange for the granting of this perpetual Right-of-way
and other agreements set forth herein, and for good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged,the Developer and the
Company agree as follows:
1. PREAMBLE. The Parties acknowledge that the recitals of fact set forth
above are correct,and they hereby incorporate the preamble into the body of this
Agreement.
1
2. GRANT OF PERPETUAL RIGHT-OF-WAY. The Developer hereby grants
to the Company a perpetual non-exclusive Right-of-way seventy—five feet (75')wide for
the use and maintenance of the aforesaid irrigation canal as identified on"Exhibit A". It
is understood and agreed that this grant of perpetual Right-of-way and the provisions of
this Agreement shall be contingent and effective upon the full and fmal approval by Weld
County of Developer's PUD application and the final plat thereof.
3. DESCRIPTION OF RIGHT-OF-WAY. The Right-of-way granted hereby
shall perpetually afford the Company the right of ingress and egress over and across the
Right-of-way for the purpose of constructing, operating and maintaining an irrigation
canal and such other uses not reserved by Developer. It is understood and agreed as a
condition thereof that Developer shall reserve unto itself and its heirs, successors,assigns
and grantees all rights,title and interests to and for the following uses within said Right-
of-way:
a. Installation,maintenance of landscaping, fencing and a perimeter recreation trail
within the south twenty feet (20')of the Right-of-way.
b. Installation and maintenance of utilities and pipelines within the north ten(10)
feet of the south thirty feet(30')of the Right-of-way.
c. Permitted uses will be limited to walking,jogging,bicycling and other similar
non-motorized uses.No motorized vehicles will be allowed except for
management, patrol and maintenance purposes.
d. The public will be prohibited from entering the canal cross-section at all times,
and no fishing, swimming, wading,tubing,rafting,boating or any other water
activity will be allowed in the canal. The cross-section of the canal for the
purposes of this agreement shall be described as the inverted portion of the canal,
being the bottom of the canal and the two interior banks of the canal.
e. No camping or campfires will be allowed on the Right-of-way.
f. No hunting, firearms, weapon or explosives will be allowed on the Right-of-way.
g. No littering or dumping of trash will be allowed on the Right-of-way.
h. No alcoholic beverages will be allowed on the Right-of-way.
i. Domestic animals shall be permitted on the recreational trail, subject to the
applicable county ordinances and any other applicable regulations or restrictions.
Domestic animals will not be permitted to enter the canal cross-section at any
time.
2
The enforcement of the ordinances with regard to the recreational trail shall be the
responsibility of the Developer, and by the terms of this Agreement,the Developer agrees
to make reasonable efforts in the performance of this responsibility.
The parties agree that nothing herein shall prevent them from subsequently agreeing to
additional terms and conditions concerning the use of the perpetual Right-of-way,as they
may deem appropriate.
The Right-of-way granted hereby shall be measured from the centerline of the
Company's canal to a line seventy-five feet(75') south and west of the centerline of said
canal within which Developer shall have the right to construct,operate and maintain a
recreational trail within the south twenty feet(20')of the Right-of-way.
In conjunction with this grant of perpetual Right-of-way,the Developer shall have the
right to enter upon the Right-of-way for the purposes of constructing and thereafter
reconstructing,locating or maintaining landscaping,fencing,utilities and the recreational
trail contemplated by this Agreement. Upon the completion of any construction,
reconstruction or maintenance,the Developer shall return the property as near as
practicable to its original condition,taking into consideration the nature of the work
performed.
Likewise,the Company shall have the right to enter upon the Right-of-way for the
purposes of constructing and thereafter reconstructing,locating or maintaining its
irrigation canal. Upon the completion of any construction,reconstruction or maintenance
thereof,the Company shall return the property as near as practicable to its original
condition,taking into consideration the nature of the work performed.
4. PROPOSED DEVELOPMENT OF RECREATIONAL TRAIL. Whenever
the Developer proposes to construct the landscaping,fencing,utilities and the
recreational trail,or any portion thereof,as contemplated by this Agreement, it shall
provide to the Company a description of said landscaping, fencing and trail for the
approval of the Company which approval shall not be unreasonably withheld,
conditioned or delayed.
5. IMPROVEMENTS, SIGNAGE, GATES AND FENCES ENCOMPASSED
WITHIN THE RIGHT-OF-WAY. The Company agrees not to erect or construct any
building or other structure,drill or operate any well,or otherwise construct any
obstruction in the Right-of-way. Likewise,the Company shall not deposit or permit or
allow to be deposited any earth,rubbish,debris or any other substance or material in the
Right-of-way which would affect the Developer's right to maintain and operate the
recreational trail,except on a strictly temporary basis.
3
The Company agrees that the Developer shall have the right to install, maintain and use
gates and fences on or abutting the Right-of-way and to place signs for public
information and safety upon the Right-of-way. The Developer agrees that such gates,
fences, signs or any other improvements installed in accordance with this Agreement
shall not interfere with the Company's use, maintenance, repair or replacement of the
canal, nor its right of ingress and egress. Further, no such improvements by the
Developer shall interfere with the Company's ability to go upon the canal's right-of-way
without interference or obstruction. The Developer further agrees that signage shall be
constructed to generally inform the users of the recreation trail and of the limitations
thereon and the dangers associated therewith.
6. THE COMPANY'S RIGHT TO CONTINUED OPERATION OF THE
CANAL. Notwithstanding the existence of reservation reserved by the Developer, the
Company, as it may deem appropriate, shall have the right to use,operate, maintain,
repair,replace and improve the canal and any and all structures associated with it,
including the addition of structures. In this regard,the Company will take reasonable
steps to avoid or minimize adverse impacts upon the Developer's property or its ability to
utilize the Right-of-way. The Developer shall bear or reimburse the Company for any
actual out of pocket maintenance costs reasonably incurred by the Company resulting
from the Developer's development and/or use of the Easement.
7. TRAIL AND RIGHT-OF-WAY MAINTENANCE. The Developer agrees
that it shall be responsible for all maintenance of the landscaping, fencing,utilities and
trail and the full width of the Right-of-way except for the cross-section of the canal itself.
The Developer shall be responsible for vegetation control and the removal of trash,
rubbish and debris for the full width of the Right-of-way. With the specific exception of
vegetation control and the removal of trash,rubbish or debris as aforesaid,the Company
shall continue to maintain the canal cross-section. The Developer's control of vegetation
shall not employ any method that would cause the water delivered by the canal to be
unsuitable for the uses of the Company's shareholders.
The Developer's operation and maintenance of the landscaping, fencing,utilities and
recreation trail shall not unreasonably interfere with the Company's continued use and
maintenance of its canal, nor shall the Company's continued use and maintenance of its
canal unreasonably interfere with the Developer's operation and maintenance of the
landscaping, fencing and recreational trail. Specifically,the operation,maintenance and
existence of the landscaping, fencing and recreation trail and the provisions of the
Agreement shall not in any way interfere with the flow of water in the canal or the
delivery of water by the Company. The Company may use its right-of-way for the use
and maintenance of its canal,including bringing machinery and vehicles onto such right-
of-way where necessary. The Developer acknowledges that the use of heavy equipment
by the Company may impact the recreational trail and associated amenities, and the
Developer agrees that to the extent reasonably possible, it shall design the recreational
trail to withstand the use of such equipment. Each party shall seek the advice and consent
of the other before entering projects which may have the potential of impacting the other
4
party's use of their property or exercise of the rights afforded hereunder or otherwise
existing.
8. INDEMNIFICATION. The Developer shall be liable for, and shall indemnify
and hold the Company, its officers,directors and employees harmless from all liabilities,
claims or demands that may be caused as a result of the construction,operation,
maintenance and use of the Right-of-way granted hereby,or by any wrongful or negligent
acts or omissions of the Developer or its agents or employees in the course of their
employment. In addition,the Developer agrees to indemnify the Company, its officers,
directors and employees, as to all costs and expenses related to defending such liabilities,
claims and demands made against the Company, its officers,directors and employees, or
any of them,by any other person or entity, whether or not any such liabilities, claims
and/or demands are groundless, frivolous, false or fraudulent..
9. RIGHT OF THE COMPANY TO LEASE OR SELL. Subject to the
provisions of the perpetual Right-of-way granted hereby and the terms and conditions of
this Agreement, nothing contained herein shall impair the right of the Company to sell,
lease,or otherwise manage its facilities.
10. RIGHT OF TERMINATION. Upon any substantial breach of any of the
provisions of this Agreement by one of the parties,the other party shall have the right to
terminate this Agreement or seek other remedies, including damages,subject to the
mandatory arbitration provision hereinafter set forth. The waiver by either party of any
default or breach of any term, covenant or condition of this Agreement shall not operate
as a waiver of any default or breach of any other term,covenant or condition, or
subsequent default or breach of the same.
11. MEDIATION AND ARBITRATION. In the event the Developer and the
Company cannot resolve issues that may arise from this Agreement,the parties agree that
any disputes shall be submitted to mediation by a mediator to be jointly selected and
equally paid for by,the parties. Should such mediation fail to resolve the issue,the parties
further agree that the mediator shall then be designated as an arbiter,with the power to
decide unresolved issues. The decision or decisions of the arbiter shall be final and
binding upon the parties. The fees and other expenses of arbitration shall be borne
equally by the parties unless the arbiter assesses all or a portion of the fees and costs
against either party.
Upon any arbitration decision finding a breach of contract which is subject to cure,the
arbiter shall determine a maximum number of days to effectuate such cure.
It is understood and agreed that any arbitration decision rendered pursuant to the
provisions of this paragraph may be filed by either party in a court of appropriate
jurisdiction and may be enforced as a judgment.
5
12. RUNNING OF BENEFITS AND BURDENS. The provisions of this
Agreement, including all benefits and burdens, shall be deemed to run with the land and
shall be binding upon and shall inure to the benefit of the successors and assigns of the
respective parties hereto, subject to the provisions hereof. The successors and assigns of
the Developer shall include figure homeowners,homeowners associations,metropolitan
districts, or any entity having ownership of or within the PUD.
13. ASSIGNMENT. Neither party may assign or transfer all or any part of this
Agreement without the prior written consent of the non-assigning party, although such
consent shall not be unreasonably withheld,conditioned or delayed.
14. NOTICE. Any notice, demand or request delivered by mail in accordance
with the provision of this Agreement shall be deemed given seventy-two(72)hours after
the same is deposited certified mail in any post office or postal box regularly maintained
by the United States Postal Service and addressed to the Company at Post Office Box
104, Lucerne, Colorado 80646,and to the Developer at 3246 Grand View Drive, Greeley,
Colorado 80631. In addition, notice may be personally delivered to the above addresses,
in which event notice shall be deemed given as of the time and date of delivery. Each
party may change the above address by providing written notice of such change to the
other party,provided that such addresses must be within the County of Weld, Colorado.
15. RECORDATION. It is understood and agreed that upon the execution of this
document by both parties and the full and final approval of Developer's PUD and the
final plat thereof,the Developer shall file it with the Weld County Clerk and Recorder
and made a part of the permanent records of Weld County, Colorado. A copy of the
document with recording information shall be provided to the Company by the
Developer.
16. APPLICABLE LAW. This Agreement shall be interpreted in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and
year first above written.
RIDGE ,LLC
radley ei =anager
Al1EST
THE NEW CACHE LA POUDRE
IRRIGATING COMPANY
By7ngenberg, Pre dent
Al 1 EST v A
n Brunner, Secretary
6
.. ..,.. �v. mow... .v.... 14U.40.2 WW1
•ftit
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
&t*' enact tAr
COMPANY: DATE:
FAX NURSER: TOTAL TOO TAL NO.OF PAGES INCLUDING COVER:
5L g100- a
PF NUMBER SENDER'S REFERENCE NUMBER
RE:
YOUR REFERENCE NUMBER
0 URGENT 0 FOR REVIEW ❑PLEASE COMMENT 0 PLEASE REPLY ❑PLEASE RECYCLE
NOM/COMMENTS:
4 +co/pr, o-+
O"- ! lAl`�p41
'2"-Vter, A/,e�rp6/� (l 'es
eepe.41trAl 041 F J1- &ay (Ai-Tv pff-n5
( 01 ,4, T w/, D7 vvufl s.
oil (27 I ¢c-� 'nlnJ q-✓: 4-
€*440.01. Cs al s 6f Crises to kt.&
(iov I e1uLoC1C a ` 17).04 F,p " Azrece6.01,Enis
Gam- (O ) 3_78-,3S/
fl24NORTR 1'M AVENUE
GREELEY, Co 10637
l
se sti
eili
o a •
c. w ' � ` `ad as8 ,�."` ,
�y Y
GI
l W W
O Y 'v
N'c1,t Ctwply RU.I$ __ .. y`.' r .
-a
r_
AI
Y
mk
U S.
s
4
0-
PIP u
-o q;
. r e
_ o @
C.."? - W ::
7....
K
a.
F
3 t I
a
tin S
8 I.
U2
.
unrt� . 9.
is W
4i
7 '
I
?0O £9b'ON IC:aT C PP/CT/CP
y Cb ,+ ,C ) n a
o. el
o
1z
z
o
Izth 1°1\ iv 1 7----.."----------1. I CIS
N
.00
C /
4 U
W
3 ; ,I F / m
1SIx m
' K (= ,_. ,11 ,O / c
' O lip 11
11 w
\,,, Ti
i k ij
4 It 4 !
jl 1 � in .07
. /ry
J 4%
..., . • i
z Nn / -
�^) n /� rte,"� C
V / o 0
` \� M
U \ o
U
C9 \ r=
I �.
w II 01 N
ry Its
o III
1/4• a m
O o r�1`
O -l-. —__—____ —,tea� 6 I W o
li< w LL a
r
S'
I m
o a a
m
2 a 2
1
T) IV Ol c �cp N c j y m C o O
h N .... .0 U c a c ry ¢ N a O J ; a VQ 6 Hit J m .A. 7 — sr.= ca eta N fn C « c c l0 A J 1 I w
a J 0 mc�.i85Ea"im Ehm0m �ea Z a _ W
e 3 _ m � av) F �aoo° C 5. J ¢ » m y 0 0
P
J y O ° O ® a p ♦ 4 0 gum . Z J J N
NI-
J I—
IS o O I z
CO3CC GIS O . 1line
Red lines 14
- iiiif
OIL AND GAS WELLS
• Oil I Gas Wells o LL P.a,E°«.o, E 1 2 WE 3-2, .E ,.:o NELSON:d,o puE«., ,
o • Well Status ®—0
O Location P.R.E......,o 4- o.LLLE33')Q„DREDGE
22s oF..„GE..,, •a wa00.,
o Producing °" "�
G Shut In ' 24 19
8 Temp Aban o x,.E ERR 0 0.E.z o o GEELE.4,4
.a.,,,. GER.., 0 Anne.
o Injecting
II A.'',
• Plugged URU.E,-ro 4,.s.E~, ��
o Dry&Aban
oDomestic mu0 0. .„aE. *""' ,-n iE:E.uE.g ....u®00,,,
Gas Storage
® Waiting On ®EE,.E.3 o E..,Q Ew..',n4GEa
o Location °` n VET,a, �.E0.o:�E ®0OARR01-„o..n. USE..., a.: �.o.,4,.n
a Ahern I nn Ov.rxEzx
N
SCALE 1 : 30,857
I -" r--r _r
2,000 0 2,000 4,000 6,000
FEET b'
http://oil-gas.state.co.us/infosys/Maps/cogcc_Prod.mwf Wednesday, March 16, 2005 12:07 PM
Keirnes Companies, LLP
55 South Elm Menue, Suite 200
Colo doSam], mrcle cu 80615
Fa_x 898 575 9254
sekeirnu.ct
KEIRNES`"
January 18, 2006
Jack Holman
President
Ogilvy Irrigating and Land Company
822 7th Street, Ste 760
Greeley, CO 80631
RE: Ridgeview Farms PUD and Ogilvy Inlet Ditch Easement
Dear Jack:
As you know, I am pursuing Weld County approval of a 24 Lot Residential
PUD north of Seeley Lake. As part of that process and as separately provided
for in the Purchase Contract between us for property owned by Ogilvy Irrigating
and Land Company, it is necessary to establish an easement to accommodate
Ogilvy's needs to access and maintain the Seeley Lake Inlet Ditch along the west
side of my proposed residential development. Toward that end and in an effort to
provide required information to Weld County in the course of their review of my
proposal, I am proposing an Inlet Ditch easement as generally delineated on the
attached drawing.
Please acknowledge by signing below your tentative agreement with the
proposed easement delineation as drawn and Ogilvy's intention to enter into a
formal Easement Agreement between us, subject to the terms and conditions of
our Purchase Contract.
Sincerely, Ackno dged this / '' day
of 2006,
741-1,,,m24,Ly
Brad Keirnes, Manager Jacl lolman
C.B. Keirnes Land Company, LLC President
Ogilvy Irrigating and Land
Company
cc: Stow Witwer
Attachments: Ridgeview Farms PUD Site Plan
\` N STATE HIGHWAY
N80°36'26"E PARCEL # OUTLOT A IF, #
1)00' 144(0)00007
s4 # '�PE000f740i407'E; I 38.66' S89'28'04 E
10.4± acres . ++
Right of Way as 1' 1 S88°57'34"E \ ' N46'08'02"N
y y per deed ,I N89'39 04 W overall 2702.03' 315.70
ulvert
— —— — —in book 653 at Page 144. ---- 1 OO.OO ` \\
l Gas markZ poi 37.94'
N0T4000fW �1 • �— - - r°Gas pipe
110' DUKE
FOR ENERGY 29.05'1 247.22'
18' CMP culvert •
GAS PIPELINE. ; 1 , Gas marker Post Cnrcrete irrigation structure Gas steel pipe 3'
• S
t 1 ei,a v( - 1 \- Eanerere-waFf1-- -, z6,
11 ' X1 '1 • '� LOT 7 / ; A A �d
00110201 Oo 00011 1 rt. , 47 6� ' 1.851 acres \ LOT 6 i ) \ 6•',Gas Pipe1' R , \`� , 1.85± acres i i LOT 5 / / ,
1 1 11I „ ��1 ', tt r i 1.85± acres , ��
@A\
\ it \ PT ; ; ii
, , •LOT 8 I % / '; LOT 4
Proposed Ogilvy Easement \ \ •�t '1 1.85± ales 6 �sN�. r.r�i_,. . / 1.85± acres
East Side of Inlet Ditch , , ` \\ 1� 1 •H�"t' ' r. ;
\ �j� t `� i "^� • ---- •_ `., 60' Right of Way,
!�, # ������ii� �J1 1�'��9�9(? 11 r `• " I I -� i -\ • ; `� ,',i
Existing Ogilvy Easement \ �O Q 10 .. I �`
West Side of Inlet Ditch `t 0 ' i / / / ` ` �� ,'��' LC
�t`\ \O F J LOT 9 i ' LOT 1 0 •;,' \\ .<\ 1.asf
- _ ' \ \ 1.85± acres i i 1.85± acres ,% `�• N
- - - - -
1 \ \`� \\ it \` ' i / ,/ •• •\,
Existing dirt road \ \ . . \ •\ II / , . A\
1' 1 1 ' i Ft+ N.
Approximate top of bank 1 i 60' Right of Way •
N. � ' .
of the Ogilvey Ditch as �t \ \ �' ,' LOT 11 / ..--\\* �\
•
located on 11/16/04 ye- . < 1.85± acres • . ,, • �� LbT 12 / ,'\,'� 1.85± acres \-�`` �'•East line of the Olgilvey I 1 `- • .I > • / Landscape Island /
Ditch as described in deed .1 1 ,
/
recorded 5/27/04 at tt ' 01 \ _-- ' ._e.' , •11 LOT 15 / /
Reception No. 3184094. \ ' Ok .4 6'•a l 1.851 acres % %
\ .* , /
Possible Future %1' ` \, ,...5.-_---.. ;
Pedestrian Bridge t% -65 1` tt ' / ,
�' x\�'/ O \` \?>\ ' LOT 13 / i\ \`.�` // / LO1
O \ ii
�` ` 1.85± acres / ` ` `�. i 1/ 1.85±
Existing Ogilvy Easement \�\ 0- 11 ' I \ / / , ,, /
West Side of Inlet Ditch ''I `, 1 \ % % LOT 14 �'
` �\ \ \� / i 1.85± acres ,' / -----
Proposed Ogilvy Easement \/ • \ \ 1 / / �/ .'
East Side of Inlet Ditch \\ 1 / i 'v'
N27`00'00"VJ` \ \� `�` ` !\ / 1 LOT 17
261 .00' \t r \ ` / / 7 / 1.85± acres
Realigned Access Road �. ��
` f -
OUTLOT A � \ \.
�\ < `. LOT'18
10.4± acres \ t t. \ `
��\,\ t\ M \ ;l 1.85±I acres
Patna # 0895201000004 t \ 11,,1 '
N00°03'34"E t \ 1 \ DETENTION 1
431 .27'--\\\;1
% \it '
t 11. 1 •
t " •
1 ! 1 ,-f PT
1
, 1, 1i it Q--B-5
'52 1\ 1, !II . 1 I LOT 19
II \1 1 �' , 'i 1.851 acres r/.
I '1 jll;. ''Li , ,
A:
CSNE 1 /64 Corner \ 4$ OUTLOT A
' 10.4± acres
Section 23-6-66
ro i '1 '1 E44TiLEL # (0)810)5c"'5c�'00005 c
up , 1 c
co , ,
I
I
Page 1 of 1
Kim Ogle
From: Lee Morrison [Imorrison@co.weld.co.us]
t: Wednesday, December 07, 2005 5:35 PM
To: Ruth Becker
Cc: Kim Ogle
Subject: RE: HOA documents for Ridgeview Estates PUD
Apart from misspell of asssesment on p. 7 , Declaration is acceptable. Bylaws
are acceptable.
Let D. Monn:ao-w
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and delete your copy of
this message."
From: Ruth Becker [mailto:rbeckerlaw@comcast.net]
Sent: Friday, November 18, 2005 8:33 AM
To: Lee Morrison
Subject: HOA documents for Ridgeview Estates PUD
, attached for your review and approval are the bylaws and covenants for the Ridgeview Estates PUD HOA. I understand
you need to approve these before the final plat is approved. If you have any questions, please let me know.
Ruth C. Becker
1122 Barberry Ct.
Boulder, CO 80305
303-554-6150
fax 720-304-0020
rbeckerlaw@comcast.net
This message and the attached documents are for the sole use of the intended recipient and may contain confidential and
privileged information. Any unauthorized review, use, dissemination, copying, or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email or by telephone (303-554-6150) and destroy all copies of the
original message. Thank you.
12/08/2005
Response to Department of Planning Services &
Referral Agency Sketch Plan Comments
Ridgeview Farms PUD
The following statements are intended to address each of the specific County regulations, goals and
policies as outlined in the June 10, 2005 letter from the Weld County Department of Planning
Services,and to ensure this project is in compliance with the Weld County Comprehensive Plan.
ADHEREANCE TO THE WELD COUNTY COMPREHENSIVE PLAN GOALS AND POLICIES
PUD.Goal S. — "Demonstrate that adequate facilities and public services are currently available or
reasonable obtainable to serve the Planned Unit Development or zone district."According to
Section 22-2-70.A of the Weld County Comprehensive Plan, "Population and economic growth
will create a demand for conversion of land to urban uses. The urban development goals and
policies are designed to plan for this anticipated growth by directing urban uses to where urban
services exist or can be provided " Since you have the existing subdivisions of Pinnacle Park which
contains approximately 31 single-family residential lots, and Sonny View Estates, which contains
approximately 53 single-family lots the proposed Ridgeview Farms Subdivision will be easily served with
existing infrastructure because Ridgeview Farms would locate between the two existing subdivisions. By
locating Ridgeview Farms between these two populated areas you provide the County another
opportunity to provide efficient county services to areas that are already served
As indicated in the June 10, 2005 letter from the Weld County Department of Planning Services, the
proposal is an urban scale development This proposal does have an adequate water supply, which
is evidenced by the North Weld County Water District water agreement, which has been reviewed by
the County Attorney's office. According to the PUD performance standards identified in Section 27-
2-176, all PUD's considered urban scale development shall be served by an approved sewer system,
as defined by the Board of County Commissioners. The developer is requesting septic systems to be
considered an approved sewer system for this subdivision.
According to Section 27-2-70, compatible uses are determined by evaluating the general uses,
building height, setback offset, size, density, traffic, dust, noise, harmony, character, common
open space, screening, health, safety, and welfare of the P.U.D. in relation to surrounding uses.
Ridgeview Farms Subdivision layout and design respects the adjacent agricultural, residential
land uses, and compatibility criteria.
In accordance with the Weld County Comprehensive Plan and urban scale development the
following goals apply to Ridgeview Farms:
22-2-60.C.2 "Availability of services such as electricity, telephone, water, natural gas, sewer,
sher(and fire protection will determine the intensity of development allowed
22-2-60.C.3.b, "Availability, location and accessibility to existing infrastructure and utilities.
22-2-60C.3.d, "Consideration of existing improvements or structures.
22-2-90.B "Locations where urban development can occur should be encouraged to develop as
urban. "
Since the demand for services already exists and is provided within the general vicinity, the
additional subdivision will not create an undue burden on County resources by being located in
a remote location, but will enhance service time and abilities.
STREET/UTILITY/ACCESS STANDARDS
PUD.Policy 5.3— "Creative and innovative approaches to internal road systems will be
considered"In accordance with the City of Greeley comments, the developer has reconfigured the
subdivision along CR 35 to "reserve"30'of additional right-of-way to the County's 30'dedication
for future use, and the developer will locate the frail and open space within this 30'reservation.
Per the request of CDOT, the developer will provide the 100'right-of-way, and add an additional
10'of landscaped buffer for berms and mature tree landscaping to be preserved for future roadway
expansion. The City of Greeley's request for 70'right-of-way will fall inside of CDOT's request.
A traffic study has been prepared for the change of zone application. Based on analysis and
investigations, the traffic study found that current operating conditions are acceptable in the area of
the proposed development. No auxiliary lanes or other improvements are needed to serve this
development. Site generated traffic is can be easily absorbed and accommodated by the existing street
system, and the added traffic will not adversely impact short-or long-term operations on area
streets.
To stay consistent with the surrounding neighborhoods and to maintain a rural subdivision ambience
to the community and the existing subdivisions, the developer is requesting a variance to the urban
scale development requirements for curb and gutter.
The developer will address the County Road Impact Fee Program and comply with the fee structure,
per Ordinance 2002-11. In accordance with Weld County Public Works Department, the developer
will construct the road with three inches of asphalt over six inches of base.
A school bus turn-out is identified on the site plan. The developer will also provide a covered bus
shelter in the turn-out, in accordance with Weld County School District RE-2 standards. Also, the
developer will pay the required school impact fee prior to filing the final plat application.
A designated road name will be identified on the Final Plan. Should a subdivision identification sign
be installed, such signage will adhere to the Weld County PUD and Zoning Ordinance and the
applicant will obtain the appropriate permits.
OPEN SPACE/LANDSCAPING
PUD.Policy 4.2—In accordance with the urban scale requirements, the subdivision allows for 15%
open space. The open space has been incorporated into the subdivision as a perimeter subdivision
buffer/trail system. The proposal includes approximately 9.2445 acres of open space. The future
right-of-ways identified are not included in the 15%open space calculation. The open spaces are
configured to provide a perimeter buffer for the subdivision. The detention ponds are not being
utilized for recreational or scenic purposes and therefore are not included in the 15%open space
requirement.
The detention facilities shall be located in outlots, which are maintained by the homeowner's
association, and not the responsibility of individual lot owners. An HOA has been formed and will
be registered with the State prior to final plat submittal.
The proposed open space, bus/mail pull off, and entrance sign location are to remain private under
ownership of a homeowner's association. In accordance with Section 23-2-790.a., the homeowner's
association will be established before any residences are sold.
ENVIRONMENT CRITERIA
The septic system density of each lot will have an overall gross density of two and one-half acres
(2%:). Per Section 27-2-176 Sewer Provisions, urban scale development shall be served by an
approved sewer system, as defined by the Board of County Commissioners. The Developer
requests the County Commissioners find septic systems an approved sewer system.
Per the request of the Health Department,percolation data was submitted prior to the Change of
Zone Application. In accordance with the Weld County Department of Public Health and
Environment requirements,primary and secondary leachfield envelopes will be delineated on the
plat and language restricting building on the leachfield envelopes will be included in the
homeowner's association covenants.
Since the applicant is submitting a specific development guide and to utilize the staff review option
for final platting, the applicant has submitted a water service agreement to the County Attorney for
approval.
There is an existing Duke Energy line that bisects the property. The Developer will be relocating the
gas line within the perimeter landscape buffer.
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION
IMPROVEMENTS
The overall gross lot density measures approximately 2.5 acres. If this definition does not comply
with Weld County requirements, then the Developer requests a variance to the Estate Zone District
to allow for an 1.5 acre minimum lot size.
The Developer has met with Eaton Fire Protection District and has agreed to comply with their
requests as outlined in the attached letter.
The Oil& Gas Agreement regarding the one drill window is included with the application.
The bus pull-off and mailbox cluster boxes will be reviewed by both the school district and the post
office for comments or suggestions.
To ensure compatibility with the surrounding residential areas, the applicant is requesting a
variance to the curb, sidewalk&gutter standards for urban-scale subdivisions.
New Cache Irrigation Company is requesting a 75'ditch easement. The developer and the ditch
company have reached an agreement for a shared easement. The ditch easement will also include a
10-15 foot wide landscaped buffer.
r
SUMMARY
The responses to the Sketch Plan comments are intended to address the concerns that Weld County
staff and the referral agencies expressed Minor changes to the design of the subdivision are
delineated on the new drawings and all the reports should address the concerns that were identified.
This PUD application is consistent with the goals and policies of the Weld County Comprehensive
Plan as it proposes an urban scale development, which meets and exceeds the established
requirements of the Weld County Subdivision, Zoning, and Planned Unit Development Ordinances.
r
SPECIFIC DEVELOPMENT GUIDE
Ridgeview Farms
Ridgeview Farms Planned Unit Development (PUD)proposes an urban-scale residential
subdivision, as defined by Section 27-2-190, located south of State Highway 392 and west of
WCR 35. The subject parcel contains approximately 63.34 acres, and is bordered by the Ogilvy
Ditch to the west, State Highway 392 to the north, the Cache La Poudre Ditch to the northeast
and CR 35 on the east. Please refer to the attached vicinity map for property location.
The general concept of this proposal is to create an urban scale residential subdivision that is
consistent with existing development. The proposed subdivision would create twenty-four single-
family estate residential lots, which would be compatible with the surrounding community as
defined by Section 27-2-70 of the Weld County Code. According to Section 27-2-70, compatible
uses are determined by evaluating the general uses, building height, setback offset, size, density,
traffic, dust, noise, harmony, character, common open space, screening, health, safety, and
welfare of the P.U.D. in relation to surrounding uses. Ridgeview Farms Subdivision layout and
design respects the adjacent agricultural, residential land uses, and compatibility criteria.
The proposed subdivision would create a gated community for twenty-four single-family estate
lots measuring a minimum of 2.5 acres each from the centerline of the right-of-way. The only
land uses occurring within the 63.34-acre parcel will be single-family estate, accessory uses, and
recreational trail systems. All of which would co-exist in harmony with the surrounding
-^ properties, which include Pinnacle Park to the north and Sonny View Estates to the south. Both
of these existing subdivisions are located within Weld County's jurisdiction. Pinnacle Park
contains approximately 31 single-family residential lots, and Sonny View Estates contains
approximately 53 single-family lots. Since the proposed subdivision would locate between both
of these subdivisions, the proposed use is compatible with the existing identical land uses. In
view of the fact that the demand for services already exists and is provided within the general
vicinity, the additional subdivision will not create an undue burden on County resources by
being located in a remote location, but will enhance service time and abilities.
The individual lot owner will select specific architectural styles of the principal and accessory
structures in conformity with adopted covenants. Development of the site will be compatible
with the architectural style of the surrounding land uses and with the overall character of the
area.
Agricultural activities have been occurring on and around the subject parcel. The Right to Farm
Covenant, as it appears in Chapter 22 of the Weld County Code will be placed on all recorded
plats, by doing so,future residents of the subdivision will be aware of long-standing agricultural
practices in the area.
In accordance with Section 27-6-20.B., the following submittal entails a specific development
guide.
Section 27-4-20.E Initial impact plan addressing all impacts this use will have on the
proposed site and surrounding land uses. A listing of potential impacts is cited in Section
27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE)
Section 27-6-40 Component One—environmental impacts
1. Noise and vibration
2. Smoke, dust and odors
3. Heat, light and glare
4. Visual/aesthetic impacts
S. Electrical interference
6. Water pollution
Development of this proposal should not result in any adverse environmental impacts, including
the above listed environmental concerns. Negative impacts from noise and vibration, smoke,
odors,heat, glare, visual impacts, electrical interference and water pollution will not occur on the
site. Since farming can be a more intensive use than residential, some of these factors will be
significantly mitigated with the development of residential housing, such as smoke, dust and
odors. Visual and aesthetic impacts will be enhanced by entrance landscaping treatments and
landscaping within the subdivision.
7. Wastewater disposal
All wastewater disposal within this development will utilize individual septic systems.
According to Weld County regulations, septic systems comply with the definition of sewer
systems, which is a requirement for urban scale development as identified in Section 27-2-190.
The proposed lot sizes within the subdivision have been designed to meet the density
requirements of the Weld County Code and the Weld County Health Department, therefore no
negative impacts are foreseen on this site. The overall gross density for the septic systems will
be 2.5 acres. All septic systems shall be designed according to individual lot characteristics. In
accordance with the Weld County Department of Public Health and Environment requirements,
primary and secondary leachfield envelopes will be delineated on the plat and language
restricting building on the leachfield envelopes will be included in the homeowner's assnciation
covenants.
8. Wetland removal
No wetlands are located on this parcel;therefore, no wetland mitigation is necessary.
9. Erosion and sediments
10. Excavating,filling and grading
11. Drilling,ditching and dredging
Any on-site grading, drilling, ditching or dredging will be done sympathetically. There is one
drill window located on the property. An oil and gas agreement has been included with this
application. An erosion control plan,which will be submitted to public works and will be
established according to the Phase II Storm water requirements.
12. Air pollution
13. Solid waste
14. Wildlife removal
15. Natural vegetation removal
This proposal will not result in negative impacts to the above listed concerns. The residential
uses should not create any adverse impacts to air pollution or contribute to solid waste concerns.
16. Radiation/radioactive material
To the applicant's knowledge, there are no radioactive materials located on the subject parcel.
17. Drinking water source
The public water system will be provided by Northern Weld County Water District. Currently
NWCWD provides water service to the subdivisions surrounding the subject parcel. In
cooperation for NWCWD to provide service to this area the property owner is granting a thirty-
foot wide water line easement along the east half of Section 23 (CR 35)to loop the existing
system to ensure adequate pressure,fire flows are being provided to not only the proposed
subdivision but the encompassing subdivisions as well. A water service agreement has been
submitted and reviewed by the County Attorney with the change of zone application.
18. Traffic impacts
All residential lots will be served by an internal paved roadway,which will limit the number of
access points onto Weld County Road 35. Only one new access is being proposed, and it is
centrally located along CR 35. No additional road accesses will be created. The Ogilvy Ditch
access to Hwy 392 is currently located on the west side of the ditch and not on this subject
parcel. There will be no subdivision access to Hwy 392,unless the Eaton Fire Department
requires an emergency only access. Any unforeseen traffic impacts resulting from the review of
this proposal by the Weld County Public Works Department will be addressed in future
application submittals. The developer will address the County Road Impact Fee Program and
comply with the fee structure,per Ordinance 2002-11. In accordance with Weld County Public
Works Department,the developer will construct the road with three inches of asphalt over six
inches of base. The traffic study prepared for the change of zone application determined that
Ridgeview Farms will add 18 morning peak hour trips,24 afternoon peak hour trips,and 230
trips per day with full build out and occupancy. These trips are minor and can be easily
managed, as stated in the traffic study prepared by Gene Coppola, P.E., dated September-, 2005.
Section 27-6-50 Component Two—service provision impacts
1. Schools
2. Law enforcement
3. Fire protection
4. Ambulance
Service providers for this PUD include Weld School District RE-2, Weld County law
enforcement, and the Eaton Fire Protection District. In cooperation with Weld School District
RE-2, a school bus turn-out will be created along WCR 35. Applicable school impact fees will
be paid before the final plat is recorded.
Through Weld County's referral process,the property owner will work with the special districts
to address the specific needs of the entire community.
5. Transportation (including circulation and roadways)
6. Traffic impact analysis by registered professional engineer
The internal roadway in the PUD is designed to meet the requirements of Chapter 24 of the Weld
County Code. Only one road access off WCR 35 is proposed. In accordance with Weld County
street designs,the road will be constructed of three inches of asphalt over six inches of base, and
meet all emergency service requirements, as well as the Weld County Public Works standards
and regulations. It is the developer's intent to construct three cul-de-sacs extending from one
main street. The street design would measure a 65' right-of-way,and 50' roadway width. The
cul-de-sacs would also measure 65' rights-of-way and 50' roadway widths. The cul-de-sacs
shall incorporate landscaped islands within their centers. Existing ditch accesses are located on
both Hwy 392 and WCR 35. The only new subdivision access to be created would be centrally
located on CR 35. No additional road accesses will be created. No off-street parking areas have
been identified as the large lot sizes should provide adequate off-street parking needs for the
residential properties.
7. Storm drainage
Storm drainage will be handled on-site. Drainage and soils reports have been submitted to
Public Works for review and approval.
& Utility provisions
9. Water provisions
10. Sewage disposal provisions
Utility providers will have the standard easement dimensions of 20 feet on the sides and rear lot
lines and a 15-foot perimeter easement. The drinking water source is through North Weld
County Water District. According to Section 27-2-176,A PUD Zone District shall be served by
an adequate sewage disposal system. MI wastewater disposal within this development will be
utilizing individual septic systems. According to Weld County regulations, septic systems
comply with the definition of sewer systems,which is a requirement for urban scale development
as identified in Section 27-2-190. A public sewer source is not currently available to serve this
site. The 31 lot subdivision to the north and the 53 lot subdivision to the south are both served
by individual septic systems.
Section 27-6-60 Component Three—landscapist elements
1. Landscape plan
2. Treatment,buffering or screening and perimeter treatment
It is the developer's intent to provide 15%open space around the perimeter of the subdivision.
The perimeter landscaping will also include a trail system that weaves around the subdivision
and heads southerly towards Seeley Lake. Entry signage will be placed at the entrance of WCR
35. Individual landscaping on each lot will be determined and maintained by the lot owner. A
screening or buffering plan is not applicable to this project.
3. Maintenance schedule for landscaping elements
4. On site improvements agreement
S. Evidence of adequate water
The homeowners association will conduct the maintenance of all landscape improvements within
common areas. All plant materials and trail systems will be maintained in a healthy state and
any dead or dying plant material will be replaced at the earliest planting time possible. All plant
species selected should be drought tolerant and should require minimal water image. Landscape
species should also be selected to adapt to the soil conditions of the site.
e--
Section 27-6-70 Component Four—site design
1. Unique features
The topography of the subject parcel allows for sweeping views of the Rocky Mountain Front
Range. The arrangement of the lots maximizes view corridors. The Ogilvy Ditch Company has
a right-of-way for the existing inlet ditch that borders the subject parcel to the west. Also, The
#2 Ditch has existing right-of-way bordering the property at the northeast corner.
2. PUD rezoning consistent with Chapter 22 of the Weld County Code
In accordance with Weld County's Comprehensive Plan, Section 22-2-60.C states, "Provide
mechanisms for the division of land which is agriculturally zoned. Options for division shall be
provided to ensure the continuation of agricultural production and accommodate low intensity
development. Urban-scale residential,commercial and industrial development will be
discouraged in areas where adequate services and infrastructure are not currently or reasonably
obtainable." Since the proposed smaller subdivision would lie between two existing urban-scale
county subdivisions,where adequate services are currently installed the proposed subdivision
would be compatible with Weld County requirements and consistent with the Comprehensive
Plan. In addition, since the parcel is relatively small in comparison to the average farm size,the
residential uses will be fully compatible with the surrounding residential land uses.
22-2-60.C.2 "Availability of services such as electricity,telephone, water, natural gas, sewer,
sheriff and fire protection will determine the intensity of development allowed.
.. 22-2-60.C.3.b,"Availability,location and accessibility to existing infrastructure and utilities.
22-2-60C.3.d, "Consideration of existing improvements or structures.
22-2-90.B "Locations where urban development can occur should be encouraged to develop as
urban."
Since the demand for services already exists and is provided within the general vicinity,the
additional subdivision will not create an undue burden on County resources by being located in a
remote location,but will enhance service time and abilities.
3. Compatibility within PUD zone district
4. Compatibility with surrounding land uses
The applicant has carefully considered the uses on-site, adjacent properties and the existing
agricultural use of the property. The subject parcel measures less than eighty acres, which is the
size parcels are encouraged to be to retain viable fanning operations. According to Section 22-2-
70.A of the Weld County Comprehensive Plan,"Population and economic growth will create a
demand for conversion of land to urban uses. The urban development goals and policies are
designed to plan for this anticipated growth by directing urban uses to where urban services exist
or can be provided." As stated previously,due to the existing proximity of two urban-scale
subdivisions, adequate services are located in the vicinity.
All recorded plats will include the Weld County Right to Farm Covenant,and the bulk
requirements of the Estate Zone District will be followed. The applicant proposes to adhere to
the Estate Zone District unless otherwise listed or noted in the change of zone application and/or
covenants. It is also important to realize this project will be served by public water. Therefore,
r-� the standard minimum lot size served by public water is one(1)acre.
The property owner has agreed with the mineral interest leaseholder concerning the proposed
location of any new wells on this site. Any new wells would be directionally bored so as not to
affect the layout of the proposed subdivision. There are no existing oil & gas wells located on
the subject parcel. This site plan will comply with Weld County's regulations for oil and gas
setbacks. There is an oil well located adjacent to the southern property line, so proposed Lots 20
& 21 will be required to comply with setback requirements for such structure.
5. Overlay districts
The site is not located within any overlay districts, including airport or flood.
Section 27-6-80 Component Five—common open space usage
The common open space within this subdivision are designed and proposed to be consistent with
the requirements of Section 27-6-80 of the Weld County Code.
1. Permanent common open space restrictions
2. Establishment of homeowners organization
3. Mandatory membership in homeowners organization
4. Homeowners organization responsibilities
5. Homeowners organization powers
6. Ownership and maintenance of common open space
7. 15% common open space allocation
It is the intent of the developer to locate the 15%open space around the perimeter of the
subdivision. The purpose of this landscape buffer provides the opportunity to construct a
recreational trail that meanders around the subdivision and may provide a future connection with
the homeowners in the Sonny View Estates Subdivision, as well as buffering the residential
properties from traffic concerns along Hwy 392 and WCR 35. There are no public parks,
schools or similar uses required or proposed to be dedicated with this development. A
homeowner's association will maintain the perimeter buffers, and covenants will be created for
the subdivision.
Section 27-6-90 Component Six-signage
All signage within this PUD will comply with the sign standards set forth in Section 27-6-90 and
Division 6,Article II,Chapter 19 of the Weld County Code. A monument sign will be designed
for the subdivision entrance located off WCR 35.
Section 27-6-100 Component Seven—MUD impact
This component is not applicable to the subject parcel since this proposal is not located within
the Mixed Use Development Boundary as identified by Weld County.
Section 27-6-110 Component Eight—intergovernmental agreement impacts
This component is not applicable to the subject parcel since Weld County and the City of
Greeley have not entered into an intergovernmental agreement regarding urban growth
boundaries. However,this site is located with within what the City of Greeley identifies as their
Long Range Expected Growth Area, which is expected to build out by the year 2020. This
property is located outside Greeley's Mid-Range Expected Service Area. The City of Greeley
does not allow a parcel to develop if it is not located within the Mid-Range Expected Service
Area.
EATON FIRE PROTECTION DISTRICT
50 SOUTH MAPLE AVENUE, EATON COLORADO 80615
970-454-2115
FAX 970-454-2164
FIRE PREVENTION BUREAU
August 16, 2005
Robb Casseday
55 South Elm Avenue
Eaton CO, 80615
RE: Subdivision Requirements
Dear Robb,
On August 8th we met and discussed the requirements that would need to be met for the
subdivision located at WCR 35 and Highway 392. After speaking with Chief Hugh Kane
and reviewing the folder similar subdivision located in the Eaton Fire Protection District
a reduced fire flow will be allowed. 500 gpm at 20 psi will be allowed if flow can be
maintained for one hour. If a well pump is necessary to meet the flow requirements,
specifications will need to be submitted for review and approval by the Eaton Fire
Protection District Fire Prevention Bureau. This well will be strictly for use by the fire
department.
We also discussed the use of a pull-off for both the school district use and for fire
department access to the fire hydrant. The Eaton Fire Protection District has no conflicts
with this as long as:
1. Hydrant can be readily accessible in case of emergency.
2. "No Parking"signs are posted near and around pull-off
If possible, the well and well pump can be connected to a hydrant if water flows can still
be met at discharge. Hydrant specifications shall meet the Eaton Fire Protection District
requirements and specifications. Hydrants will be located as discussed in our meeting
(every 600 ft) and connected to North Weld Water main when lines are capable of
supplying 1000 gpm at 20 psi. At that time the water well and pump will be allowed to
be removed or used for other functions.
Thank you for your cooperation and if you have any questions or concerns please feel
free to call.
FFD Sant
`re, ieC-oT1 A.r- AcprrwlaQy
W t Wl I N aR,.4_ LtEs SQL=
Tricia
Original Message
From: Brad Keirnes [mailto:brad@investors-usa.com]
Sent: Thursday, September 22, 2005 9:30 AM
To: Patricia M. Di Grappa
Cc: Robb R. Casseday
Subject: RE: Seeley Lake Farm -- Greeley
Tricia:
Thanks again for coming up this week. As we discussed, my preference
is immediately address and formally agree on issues pertaining to 63
acre parcel owned by my legal entity, Ridgeview Farms, LLC. All of
the minerals I acquired in my purchase from Swift, including for the
63 acre parcel, are titled in the name of another of my legal entities
C.B. Keirnes Land Company, LLC.
Please forward draft of proposed Surface Use Agreement for my review.
Thanks very much.
Best regards,
Brad Keirnes
970.356. 6600 direct phone/mobile
888.575. 9254 direct fax
r
CONFIDENTIALITY NOTICE: This email is intended solely for the person
or entity to which it is addressed and may contain confidential and/or
privileged information. Any review, dissemination, copying, printing
or other use of this e-mail by persons or entities other than the
addressee is prohibited. If you have received this e-mail in error,
please contact the sender immediately and delete the material from
your computer.
Original Message
From: Patricia M. Di Grappa [mailto:pmd@bonanzacrk.com]
Sent: Wednesday, September 14, 2005 2:32 PM
To: brad@investors-usa.com
Subject: RE: Seeley Lake Farm -- Greeley
Mr. Keirnes
My number is 720-279-2330 x 207
Thank you for your patience.
Tricia Di Grappa
/1
Best regards,
Brad Keirnes
970.356. 6600 direct phone/mobile
888.575. 9254 direct fax
CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or
entity to which it is addressed and may contain confidential and/or
privileged information. Any review, dissemination, copying, printing or
other use of this e-mail by persons or entities other than the addressee
is prohibited. If you have received this e-mail in error, please contact
the sender immediately and delete the material from your computer.
From: Patricia M. Di Grappa [mailto:pmd@bonanzacrk.com]
Sent: Thursday, September 22, 2005 10:36 AM
To: brad@investors-usa.com
Subject: RE: Seeley Lake Farm -- Greeley
And you want to move the compressor site with this agreement also?
Original Message
From: Brad Keirnes [mailto:brad@investors-usa.com]
Sent: Thursday, September 22, 2005 10:07 AM
To: Patricia M. Di Grappa
Subject: RE: Seeley Lake Farm -- Greeley
I haven't decided yet. For now, let' s assume for initial drafting
purposes I pay as I go.
Best regards,
Brad Keirnes
970.356. 6600 direct phone/mobile
888.575.9254 direct fax
CONFIDENTIALITY NOTICE: This email is intended solely for the person or
entity to which it is addressed and may contain confidential and/or
privileged information. Any review, dissemination, copying, printing or
other use of this e-mail by persons or entities other than the addressee
is prohibited. If you have received this e-mail in error, please contact
the sender immediately and delete the material from your computer.
Original Message
From: Patricia M. Di Grappa [mailto:pmd@bonanzacrk.com]
Sent: Thursday, September 22, 2005 9:58 AM
To: brad@investors-usa.com
Subject: RE: Seeley Lake Farm -- Greeley
Brad
r.
Have you decided to trade the directional costs for your royalty or do
you want to pay as you go?
Tricia
Original Message
From: Brad Keirnes [mailto:brad@investors-usa.com]
Sent: Monday, October 03, 2005 6:32 AM
To: Patricia M. Di Grappa
Cc: Robb R. Casseday
Subject: RE: Seeley Lake Farm -- Greeley
Tricia:
Good morning. Please advise on status of draft surface use agreement.
Thanks.
Best regards,
Brad Keirnes
Keirnes Companies, LLP
55 South Elm Avenue, Suite 200
Eaton, Colorado 80615
970.356. 6600 direct phone/mobile
888.575.9254 direct fax
brad@keirnes.com
www.keirnes.com
CONFIDENTIALITY NOTICE: This email is intended solely for the person or
entity to which it is addressed and may contain confidential and/or
privileged information. Any review, dissemination, copying, printing or
other use of this e-mail by persons or entities other than the addressee is
prohibited. If you have received this e-mail in error, please contact the
sender immediately and delete the material from your computer.
Original Message
From: Patricia M. Di Grappa [mailto:pmd@bonanzacrk.com]
Sent: Friday, September 23, 2005 8:36 AM
To: brad@investors-usa.com
Subject: RE: Seeley Lake Farm -- Greeley
Brad
I'm sorry, but I won't be able to finish a draft of the agreement today. I
will get to it as soon as possible next week.
Thanks for your patience and have a good weekend.
Tricia
Original Message
From: Brad Keirnes [mailto:brad@investors-usa.com]
Sent: Thursday, September 22, 2005 12:52 PM
To: Patricia M. Di Grappa
Subject: RE: Seeley Lake Farm -- Greeley
I think I'd like to have the option to move it if necessary relative to
our development and marketing of our residential lots.
MessageFrom: Patricia M. Di Grappa [pmd@bonanzacrk.com]
Sent: Tuesday, October 04, 2005 11:07 AM
To: brad@keirnes.com
Subject: RE: Seeley Lake Farm -- Greeley
Brad
The agreement has to go through an approval process. I can't give you an exact
date, but it shouldn't be too long.
Also, I had to amend the plat I sent you. It wasn't practical to drill the
41-23 from that location. Attached is a copy of the revised plat. It allows
for one vertical well and one directional well. Much cheaper!
Tricia
Original Message
From: Brad Keirnes [mailto:brad@keirnes.com]
Sent: Monday, October 03, 2005 9:58 AM
To: Patricia M. Di Grappa
Cc: Robb R. Casseday
Subject: RE: Seeley Lake Farm -- Greeley
Thanks for the plat. Please advise when we should expect the draft agreement.
Best regards,
Brad Keirnes
Keirnes Companies, LLP
55 South Elm Avenue, Suite 200
Eaton, Colorado 80615
970.356. 6600 direct phone/mobile
888.575. 9254 direct fax
brad@keirnes.com
www.keirnes.com
CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or
entity to which it is addressed and may contain confidential and/or privileged
information. Any review, dissemination, copying, printing or other use of
this e-mail by persons or entities other than the addressee is prohibited. If
you have received this e-mail in error, please contact the sender immediately
and delete the material from your computer.
From: Patricia M. Di Grappa [mailto:pmd@bonanzacrk.com]
Sent: Monday, October 03, 2005 9:27 AM
To: brad@investors-usa.com
Subject: RE: Seeley Lake Farm -- Greeley
Brad
The agreement has to be reviewed by management before I can send it to you. I
do have the a draft of the plat if you would like to look it over and make any
changes.
eo ,iuu uis U. dine
0, „aE�_, „- .", ma c)r:;tt-
S Red Lines i5 13
OIL AND GAS WELLS
• Oil/Gas Wells o
o - ■ WelI Status
O Location ,L �f o 4- G-LE:
o Producing
Shut in n " n -, 24 19
• pAban -'Y/ o� ER___ U I
r o Injecting
+ Plugged o >.E,_. .4),..„,,„
o Dry&Aban 0 m= ,.,
ODomestic *,.a:,,,: +E��a, ,.,,,..c,..,,�.,
Gas Storage _
c, Waiting On u F,FF LIFF Q
a L ca onr n �.E. ..� `�� 0�. ..,� O ,.1�E`\(G`,. ...,, (. .
N
SCALE 1 : 30,857
)=I I-- I
z,000 0 2,000 4,000 s,aoo /r
FEET
http://oil-gas.state.co.usfinfosys/Maps/cogcc_Prod.mwf Wednesday, March 16, 2005 12:07 PI
W 01
�` '---.--- Ow f /' J y S {x�y�Q u r� i z <� N
j O
in
O
O it....))
��,J� m
`�
b
as �ico
! ii a
hi; S i S% { i S.
+ zI re a ..J c
(l=) co
iv q �l 3
1 ineli ! 4! fi /
CD ti
- ' - ,
4H pr
v
_ 1A� a ---1w
C _ > gym" /7 p�‘.
- i54 may^ ✓ /
I ®1 (155i H .._.....„......" r ..t.•.. . .-...- ." ..',•., 8
\ o vi/
sw
(I)
, , _ )f i \
IN
N..
gi, iiM ..
O `---- '4
• 1 , t _ tD
u siMi. v>
15
O J1 0 E
• E
Q
a
V) o
a U
U a
a m
a a 2
a c
m Q w • T o .�Q
C a1 C O d/ O C I
C
m w m c _ CO _7
0 w « in
Ica den QcoQa . 00o _I E V a i-
-1 ~w a WW m 4'- 0006 ° W c z c c a • g II i
p a $ " O' E a a e
�^ • W _ L m _ Z'p m m .0 C m - a O m 1 U ch .0co
it O • o 11 m
q
a • o w ❑ o
a O V t
.c
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
October 20,2005
Weld County Planning
1555 N 17th Avenue
Greeley, Co 80631
RE: Ridgeview Farms
Dear Planner:
The canal for The New Cache La Poudre Irrigating Company(NCLPIC), commonly
known as Greeley#2 Canal,passes along the northeasterly of Ridgeview Farms. The
canal right-of-way in this area would typically be a total of 150 feet in width being 75
each side of the center of the canal.
There is an interest of Ridgeview Farms to locate a fence on the south edge of the canal
right-of-way and a public trail and limited landscaping between the fence and the canal
itself. The request and concept has been discussed with the Board of Directors. The
concept is consistent with an existing trail agreement with the Town of Windsor.
Efforts are currently being made to draft an agreement that is suitable to the needs of
Ridgeview Farms and NCLPIC.
Please keep us informed as to the progress of this proposal. Give us a call if you have
questions.
Sincerely,
Don Magnu
Superintend nt
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
AGREEMENT GRANTING TO THE NEW CACHE LA POUDRE
IRRIGATING COMPANY A PERPETUAL RIGHT-OF-WAY FOR
THE USE AND MAINTENANCE OF A DITCH UPON THE
PROPERTY OF RIDGEVIEW FARMS,LLC
THIS AGREEMENT is made and entered into this 2nd day of December, 2005,
by and between THE NEW CACHE LA POUDRE IRRIGATING COMPANY,
hereinafter referred to as "the Company" and RIDGEVIEW FARMS, LLC,a Colorado
limited liability company,hereinafter referred to as"the Developer".
WITNESSETH :
WHEREAS,the Company has an established right-of-way for the maintenance
and operation of an irrigation cam! on the property of the Developer in the NE1/4 of
Section 23,Township 6 North,Range 66 West of the 6a'P.M.,Weld County, Colorado;
and
WHEREAS, the Company desires to identify and plat in conjunction with the
Developer the perpetual right-of-way (hereinafter referred to as"Right-of-way")for the
use and maintenance of the aforesaid irrigation canal for the benefit of the Company's
shareholders; and
WHEREAS,the Developer is pursuing the development of a 24 Lot Residential
PUD(hereinafter referred to as"the PUD")on the property of Developer which shall
incorporate perimeter open space for aesthetic, recreational uses and utilities within the
Right-of-way; and
WHEREAS,by the terms hereof,the Company and the Developer desire to create
a perpetual right-of-way for the use and maintenance of the aforesaid irrigation canal and
for the use and maintenance of landscaping, fencing,open space, utilities and a recreation
trail within the Right-of-way.
NOW, THEREFORE, in exchange for the granting of this perpetual Right-of-way
and other agreements set forth herein, and for good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged,the Developer and the
Company agree as follows:
1. PREAMBLE. The Parties acknowledge that the recitals of fact set forth
above are correct,and they hereby incorporate the preamble into the body of this
Agreement.
r
1
2. GRANT OF PERPETUAL RIGHT-OF-WAY. The Developer hereby grants
to the Company a perpetual non-exclusive Right-of-way seventy—five feet(75')wide for
the use and maintenance of the aforesaid irrigation canal as identified on"Exhibit A". It
is understood and agreed that this grant of perpetual Right-of-way and the provisions of
this Agreement shall be contingent and effective upon the full and final approval by Weld
County of Developer's PUD application and the final plat thereof.
3. DESCRIPTION OF RIGHT-OF-WAY. The Right-of-way granted hereby
shall perpetually afford the Company the right of ingress and egress over and across the
Right-of-way for the purpose of constructing,operating and maintaining an irrigation
canal and such other uses not reserved by Developer. It is understood and agreed as a
condition thereof that Developer shall reserve unto itself and its heirs, successors,assigns
and grantees all rights, title and interests to and for the following uses within said Right-
of-way:
a. Installation,maintenance of landscaping, fencing and a perimeter recreation trail
within the south twenty feet(20')of the Right-of-way.
b. Installation and maintenance of utilities and pipelines within the north ten(10)
feet of the south thirty feet(30')of the Right-of-way.
c. Permitted uses will be limited to walking,jogging,bicycling and other similar
non-motorized uses.No motorized vehicles will be allowed except for
management,patrol and maintenance purposes.
d. The public will be prohibited from entering the canal cross-section at all times,
and no fishing, swimming,wading,tubing,rafting,boating or any other water
activity will be allowed in the canal. The cross-section of the canal for the
purposes of this agreement shall be described as the inverted portion of the canal,
being the bottom of the canal and the two interior banks of the canal.
e. No camping or campfires will be allowed on the Right-of-way.
f. No hunting, firearms, weapon or explosives will be allowed on the Right-of-way.
g. No littering or dumping of trash will be allowed on the Right-of-way.
h. No alcoholic beverages will be allowed on the Right-of-way.
i. Domestic animals shall be permitted on the recreational trail, subject to the
applicable county ordinances and any other applicable regulations or restrictions.
Domestic animals will not be permitted to enter the canal cross-section at any
time.
r
2
r
The enforcement of the ordinances with regard to the recreational trail shall be the
responsibility of the Developer, and by the terms of this Agreement, the Developer agrees
to make reasonable efforts in the performance of this responsibility.
The parties agree that nothing herein shall prevent them from subsequently agreeing to
additional terms and conditions concerning the use of the perpetual Right-of-way, as they
may deem appropriate.
The Right-of-way granted hereby shall be measured from the centerline of the
Company's canal to a line seventy-five feet(75') south and west of the centerline of said
canal within which Developer shall have the right to construct,operate and maintain a
recreational trail within the south twenty feet(20') of the Right-of-way.
In conjunction with this grant of perpetual Right-of-way,the Developer shall have the
right to enter upon the Right-of-way for the purposes of constructing and thereafter
reconstructing, locating or maintaining landscaping,fencing,utilities and the recreational
trail contemplated by this Agreement. Upon the completion of any construction,
reconstruction or maintenance,the Developer shall return the property as near as
practicable to its original condition,taking into consideration the nature of the work
performed.
Likewise,the Company shall have the right to enter upon the Right-of-way for the
purposes of constructing and thereafter reconstructing,locating or maintaining its
irrigation canal. Upon the completion of any construction,reconstruction or maintenance
thereof, the Company shall return the property as near as practicable to its original
condition,taking into consideration the nature of the work performed.
4. PROPOSED DEVELOPMENT OF RECREATIONAL TRAIL. Whenever
the Developer proposes to construct the landscaping,fencing,utilities and the
recreational trail, or any portion thereof,as contemplated by this Agreement, it shall
provide to the Company a description of said landscaping, fencing and trail for the
approval of the Company which approval shall not be unreasonably withheld,
conditioned or delayed.
5. IMPROVEMENTS, SIGNAGE,GATES AND FENCES ENCOMPASSED
WITHIN THE RIGHT-OF-WAY. The Company agrees not to erect or construct any
building or other structure,drill or operate any well,or otherwise construct any
obstruction in the Right-of-way. Likewise,the Company shall not deposit or permit or
allow to be deposited any earth,rubbish, debris or any other substance or material in the
Right-of-way which would affect the Developer's right to maintain and operate the
recreational trail,except on a strictly temporary basis.
r
3
The Company agrees that the Developer shall have the right to install, maintain and use
gates and fences on or abutting the Right-of-way and to place signs for public
information and safety upon the Right-of-way. The Developer agrees that such gates,
fences, signs or any other improvements installed in accordance with this Agreement
shall not interfere with the Company's use, maintenance, repair or replacement of the
canal, nor its right of ingress and egress. Further, no such improvements by the
Developer shall interfere with the Company's ability to go upon the canal's right-of-way
without interference or obstruction. The Developer further agrees that signage shall be
constructed to generally inform the users of the recreation trail and of the limitations
thereon and the dangers associated therewith.
6. THE COMPANY'S RIGHT TO CONTINUED OPERATION OF THE
CANAL. Notwithstanding the existence of reservation reserved by the Developer,the
Company, as it may deem appropriate, shall have the right to use, operate,maintain,
repair,replace and improve the canal and any and all structures associated with it,
including the addition of structures. In this regard, the Company will take reasonable
steps to avoid or minimize adverse impacts upon the Developer's property or its ability to
utilize the Right-of-way. The Developer shall bear or reimburse the Company for any
actual out of pocket maintenance costs reasonably incurred by the Company resulting
from the Developer's development and/or use of the Easement.
7. TRAIL AND RIGHT-OF-WAY MAINTENANCE. The Developer agrees
that it shall be responsible for all maintenance of the landscaping, fencing, utilities and
trail and the full width of the Right-of-way except for the cross-section of the canal itself.
The Developer shall be responsible for vegetation control and the removal of trash,
rubbish and debris for the full width of the Right-of-way. With the specific exception of
vegetation control and the removal of trash,rubbish or debris as aforesaid,the Company
shall continue to maintain the canal cross-section. The Developer's control of vegetation
shall not employ any method that would cause the water delivered by the canal to be
unsuitable for the uses of the Company's shareholders.
The Developer's operation and maintenance of the landscaping, fencing, utilities and
recreation trail shall not unreasonably interfere with the Company's continued use and
maintenance of its canal,nor shall the Company's continued use and maintenance of its
canal unreasonably interfere with the Developer's operation and maintenance of the
landscaping, fencing and recreational trail. Specifically,the operation, maintenance and
existence of the landscaping, fencing and recreation trail and the provisions of the
Agreement shall not in any way interfere with the flow of water in the canal or the
delivery of water by the Company. The Company may use its right-of-way for the use
and maintenance of its canal, including bringing machinery and vehicles onto such right-
of-way where necessary. The Developer acknowledges that the use of heavy equipment
by the Company may impact the recreational trail and associated amenities, and the
Developer agrees that to the extent reasonably possible, it shall design the recreational
trail to withstand the use of such equipment. Each party shall seek the advice and consent
of the other before entering projects which may have the potential of impacting the other
4
party's use of their property or exercise of the rights afforded hereunder or otherwise
existing.
8. INDEMNIFICATION. The Developer shall be liable for, and shall indemnify
and hold the Company, its officers, directors and employees harmless from all liabilities,
claims or demands that may be caused as a result of the construction, operation,
maintenance and use of the Right-of-way granted hereby, or by any wrongful or negligent
acts or omissions of the Developer or its agents or employees in the course of their
employment. In addition,the Developer agrees to indemnify the Company, its officers,
directors and employees, as to all costs and expenses related to defending such liabilities,
claims and demands made against the Company, its officers,directors and employees, or
any of them,by any other person or entity, whether or not any such liabilities, claims
and/or demands are groundless, frivolous, false or fraudulent.
9. RIGHT OF THE COMPANY TO LEASE OR SELL. Subject to the
provisions of the perpetual Right-of-way granted hereby and the terms and conditions of
this Agreement,nothing contained herein shall impair the right of the Company to sell,
lease,or otherwise manage its facilities.
10. RIGHT OF TERMINATION. Upon any substantial breach of any of the
provisions of this Agreement by one of the parties,the other party shall have the right to
terminate this Agreement or seek other remedies, including damages, subject to the
mandatory arbitration provision hereinafter set forth. The waiver by either party of any
default or breach of any term,covenant or condition of this Agreement shall not operate
as a waiver of any default or breach of any other term, covenant or condition,or
subsequent default or breach of the same.
11. MEDIATION AND ARBITRATION. In the event the Developer and the
Company cannot resolve issues that may arise from this Agreement, the parties agree that
any disputes shall be submitted to mediation by a mediator to be jointly selected and
equally paid for by,the parties. Should such mediation fail to resolve the issue, the parties
further agree that the mediator shall then be designated as an arbiter, with the power to
decide unresolved issues. The decision or decisions of the arbiter shall be final and
binding upon the parties. The fees and other expenses of arbitration shall be borne
equally by the parties unless the arbiter assesses all or a portion of the fees and costs
against either party.
Upon any arbitration decision finding a breach of contract which is subject to cure, the
arbiter shall determine a maximum number of days to effectuate such cure.
It is understood and agreed that any arbitration decision rendered pursuant to the
provisions of this paragraph may be filed by either party in a court of appropriate
I jurisdiction and may be enforced as a judgment.
r
5
12. RUNNING OF BENEFITS AND BURDENS. The provisions of this
Agreement, including all benefits and burdens, shall be deemed to run with the land and
shall be binding upon and shall inure to the benefit of the successors and assigns of the
respective parties hereto, subject to the provisions hereof. The successors and assigns of
the Developer shall include future homeowners,homeowners associations, metropolitan
districts, or any entity having ownership of or within the PUD.
13. ASSIGNMENT. Neither party may assign or transfer all or any part of this
Agreement without the prior written consent of the non-assigning party, although such
consent shall not be unreasonably withheld, conditioned or delayed.
14. NOTICE. Any notice, demand or request delivered by mail in accordance
with the provision of this Agreement shall be deemed given seventy-two(72)hours after
the same is deposited certified mail in any post office or postal box regularly maintained
by the United States Postal Service and addressed to the Company at Post Office Box
104, Lucerne, Colorado 80646, and to the Developer at 3246 Grand View Drive, Greeley,
Colorado 80631. In addition,notice may be personally delivered to the above addresses,
in which event notice shall be deemed given as of the time and date of delivery. Each
party may change the above address by providing written notice of such change to the
other party,provided that such addresses must be within the County of Weld, Colorado.
15. RECORDATION. It is understood and agreed that upon the execution of this
document by both parties and the full and final approval of Developer's PUD and the
final plat thereof,the Developer shall file it with the Weld County Clerk and Recorder
and made a part of the permanent records of Weld County, Colorado. A copy of the
document with recording information shall be provided to the Company by the
Developer.
16. APPLICABLE LAW. This Agreement shall be interpreted in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and
year first above written.
RIDGEVIEW FARMS, LLC
By
C. Bradley Keirnes,Manager
ATTEST
THE NEW CACHE LA POUDRE
IRRIGATING COMPANY
By
ii!I ungenberg, Pre dent
ATTEST ^�
r•"""". on Brunner, Secretary
6
r
Report Date: 10/24/2005 02:11 PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R1339186
/'1 ASSESSED TO:
C B KEIRNES LAND COMPANY LLC
3246 GRAND VIEW DR
GREELEY, CO 80631
LEGAL DESCRIPTION:
17879 NE4NE4 EXC THAT PT N OF#2 DITCH/N2SE4NE4/PT W2NE4 E OF DITCH 23-6-66 (1.50R2D)
PARCEL: 080523000017 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 523.76 0.00 0.00 523.76 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 10/24/2005 0.00
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0208-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 19.957 130.93 AGRICULTUR 22,624 6,560
SCHOOL DIST RE2 40.307 264.41
NCW WATER 1.000 6.56 TOTAL 22,624 6,560
NWC WATER 0.000 0.00
EATON FIRE 9.000 59.04
AIMS JUNIOR COL 6.328 41.51
WELD LIBRARY 3.249 21.31
TAXES FOR 2004 79.841 523.76
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
r P.O. Box 458
Greeley, CO 80632
(970)353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)
of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date,
all property taxes, special assessments and prior tax liens currently due and payable
r connected with the parcel(s) identified therein have been paid in full.
•
Signed Date /Q/42 rocs'
North Star
design, inc.
October 25, 2005
Peter Schei
Weld County Public Works Department
PO Box 758
Greeley, CO 80632
Re: Ridgeview Farm Drainage Design
Proj: 258-01
Dear Peter:
This letter addresses the proposed drainage design for Ridgeview Farm. The site is located on the
southwest corner of Highway 392 and Weld County Road 5. The proposed project (63.34 acres)
consists of 24 single family lots ranging in size from 1.5 to 2.5 acres, along with associated public
streets and walks. The existing on-site drainage pattern is to the southwest at approximately
2.0%. Existing vegetation consists mainly of native grasses.
With the proposed drainage design, existing drainage patterns will be maintained as much as
possible. A detention pond is proposed at the southwest corner of the site that will detain the
developed flows with a release rate equal to the 5-year historic runoff rate. With this design, all
on-site runoff will be conveyed to the proposed detention pond via surface flows. The only storm
sewer proposed with this project is the pond outlet structure and culverts that will be utilized at
necessary street crossings.
Attached, please find flow and detention pond calculations for the proposed development. If you
need additional information or have any questions, please do not hesitate to call.
Sincerely, Checked By,
jLift— igi6k
Shane Boyle, EIT Patricia Kroetch, PE
7OO Automation Drive, Unit I Windsor, Colorado 8O55O
97O - 686 - 6939 Phone • 97O- 686 - 1 1 88 Fax
•
/ ) 6 _
(
E w
/ 11,? 'o / 2 a , = e
] — / - , J
( co _
§ \ \ \}AI) ! ) , _
b / ° � CCI / \
/ WI \\ .Tat § 00 00
/ 5! 4O
( a \ ( ) Cin te,
° @ & R / / / { „
\ I
5 \ ) \ ` / 0
0 \
_ Cl) . \ ! !
6 ;
/ / d C \
* ° q5E & ( / 0
{ \ [ § q o ;
o uc A ) _
k ° »
$ / ) }
)
§
- ='.- 'CO
k.) CE ~ -
;
) ® /z ;.1 ,.7.;
j � f /\ : ;
Z
j \
/ ° {«E § !
§ /
\ ,L4 ^ E eu od
e la
—
? Et', ! \
§ ) e ' -E ; �
0 t - ! ;
) !
\ \ E E gE 2 ;
/
\ in � — : >
) Je ( ! *® ( � In� §
, / 9 +
Cr : / \
Q Z \ ) 2 ( \ 0 --: }
\ f \ 4 y { g >
\ / § / \ \ \ )
® @ ` ' 9z
\ ) ) \ § /
§
)
el
\ w , - ,
d
} 0 ,
) • i -
( / ^ k � / !
g
/ e , - u
}
\
\ { ni ac,: -
,
z \f
j / _ ; : -
b ) ) \ } \
§ \ ) a .;
@i = \ ` V el.0 .0
� � ) k
; ; : e \/ ! ;
CO O
\ > ( cn `
/ in
� ) / § 0
A co O
\ } ( ( ` ® -
` gmBA / z
) ! 7 )
r
c
a
E
g
0•
.5
Uo
.
▪ 11
Q+ F _ - o
o g n a
wFT a
O
z
Z w a
d ggCC
r u z A ` V o
x ? o
U
E. O
W o w
- o O
5 e T
a v
z
c . 0
U
c N e o
E
O E 'C o
F
L\L
ca
Q U _ G v
U
C v
z g O O N .o
N N
[� y� U a O !-: y
oov �
_W vi
°3 c] u .5 al
O 9 — F
J O
W - N O n n A C w 'p
n e a A 9
I II II
C4a IO GC' me aU .II Q
z
0
a a z
_ Da m z 2 y
cn y m -. Q
Z
> O o U
o
'c in d d Z F, II
p. inF` w OFF a
t a a 0 i U < g 6 H
C X
z° $ 3 g
LL
r MINIMUM DETENTION VOLUME REQUIRED
FAA METHOD
(100-YEAR)
LOCATION: RIDGEVIEW FARM
PROJECT NO: 258-01
COMPUTATIONS BY: SB
SUBMITTED BY: NORTH STAR DESIGN, INC.
DATE: 10/25/2005
A trib. To pond = 63.34 acre
QD= CiA Ciao= 0.30
V; =T*CiA = T*QD Developed C*A= 19.0 acre
Vo= K*Qpo*T QPO= 18.0 cfs
S=V; - V, K= 0.91 (from fig 2.1)
Rainfall intensity from City of Greeley IDF Curve
Storm Rainfall Qo Vol. In Vol. Out Storage Storage
Duration, T Intensity, i (cfs) V1 V. S S
(min) (in/hr) (ft3) (ft3) (ft3)
(ac-ft)
5 9.67 183.7 55125 4914 50211 1.15
10 7.51 142.7 85623 9828 75795 1.74
20 5.34 101.5 121765 19656 102109 2.34
30 4.39 83.4 150154 29484 120670 2.77
40 3.59 68.2 163721 39312 124409 2.86
50 3.10 58.9 176719 49140 127579 2.93
60 2.78 52.8 190172 58968 131204 3.01
70 2.47 46.9 197127 68796 128331 2.95
80 2.16 41.0 197013 78624 118389 2.72
90 1.98 37.6 203169 88452 114717 2.63
100 1.79 34.0 204081 98280 105801 2.43
110 1.65 31.4 206932 108108 98824 2.27
120 1.50 28.5 205222 117936 8/286 2.00
130 1.41 26.8 208984 12//64 81220 1.86
140 1.32 25.1 21(1694 13/592 /3102 1.68
150 1.23 23.4 210352 14/420 62932 1.44
160 1.1/ 22.2 21343U 15/248 56182 1.29
1 /0 1.11 21.1 215141 16/0/6 48065 1.10
150 1.05 20.0 21)453 1 /b9U4 385/9 0.89
/'` Required Storage Volume: 131,204 ft3
3.01 acre-ft
STAGE-STORAGE TABLE
LOCATION: RIDGEVIEW FARM
PROJECT NO: 258-01
COMPUTATIONS BY: SB
SUBMITTED BY: NORTH STAR DESIGN, INC.
DATE: 10/25/2005
PROPOSED POND VOLUME
Surface Incremental Total
Stage Area Storage Storage
(ft) (ftz) (ac-ft) (ac-ft)
4715 0
4716 4,800 0.037 0.04
4717 15,900 0.225 0.26
4718 27,100 0.488 0.75
4719 38,700 0.751 1.50
4720 50,900 1.025 2.53
100-Year WSEL 4720.40 55,456 0.483 3.01
Spillway Elev 4721 62,400 0.816 3.83
Top Of Berm Elev 4722 67,600 1.492 5.32
Detention Pond Outlet Sizing
(100 yr event)
LOCATION: RIDGEVIEW FARM
PROJECT NO: 258-01
COMPUTATIONS BY: SB
SUBMITTED BY: NORTH STAR DESIGN, INC.
DATE: 10/25/2005
Submerged Orifice Outlet:
release rate is described by the orifice equation,
Qo=C.A.sqrt( 2g(h-E0))
where QQ= orifice outflow(cfs)
Co= orifice discharge coefficient
g= gravitational acceleration = 32.2 ft/s
A0= effective area of the orifice (ft 2)
Eo= greater of geometric center elevation of the orifice or d/s HGL (ft)
h = water surface elevation (ft)
r-. Qo= 18.0 cfs
outlet pipe dia=D= 30 in
Invert elev. = 4715.00 ft
Eo= 4715.72 ft
h= 4720.40 ft- 100 yr WSEL
Co= 0.64
solve for effective area of orifice using the orifice equation
A0= 1.621 ft2
= 233.4 in2
orifice dia. =d= 17.24 in
Check orifice discharge coefficient using Figure 5-21 ( Hydraulic Engineering)
d/D= 0.58
kinematic viscosity, u = 1.22E-05 ft2/s
Reynolds no. =Red= 4Q/(pdu)= 131E+06
Co=(K in figure)= 0.64 check
Use d= 17.25 in
A0 = 1.623 f 2 = 233.71 in2
Q mar = 18.0 cfs
Det Pond.xls
Emergency Overflow Spillway Sizing
LOCATION: RIDGEVIEW FARM
PROJECT NO: 258-01
COMPUTATIONS BY: SB
SUBMITTED BY: NORTH STAR DESIGN, INC.
DATE: 10/25/2005
Equation for flow over weir topof
berm
Q=CLHsn �\
1 /I elevation
where C = weir coefficient= 3.1 4-_
H=overflow height L V 'QQ yr WSEL
L= length of the weir
The pond has a spill elevation 0.3 ft above the maximum water surface elevation in the pond
Spillways will be designed with 0.5 ft flow depth, thus H= 0.5 ft
Size the spillway assuming that the pond outlet is completely clogged.
Qloo = 74.1 cfs
Spill elev= 4721.00 ft 100 yr WSEL= 4720.40 ft
Top of berm elev= 4722.00
Weir length required:
L= 67.6 ft
Use L = 70 ft
v= 2.00 ft/s
Det Pond.xls
r
acSS'WtOte Bawd es �a u.a.p it*,%
0s9W aDmalcO..,FyM �3,�z
ppm'ova usiwavlr 00[ Bs %AS p,ubl,ea -tit*,
NV3d 30VNIVda AaVNIINI-131d CO
` "Y `j,'� ' I
ka
'DUI'U6lsep .�L„ .poz—.I :,loos �Lj4?w,b r ° _
wavd i nain30aia
MVO AB N0ISN3s •3N 90/9Z/0I :0100 VO. N I
e
~ n E w
=i a
u
i;
^ g m a n o o F
Y ill Yn W
1 , tesr58E w w
us
ID a
:. II
R 1- 1
I
co
N..Mpl1,et e
>jt
NU
fFR
p ss Gros A.NI1OO m3M
„ /
`C
1 /
'
�{�' ^ s 1 ul ' / ,� ;
/ a 1j
I
•
p, 1 1 `I
a ��-- - ro i
a / I I 11
\ 1
111,
u i
I
I p i f ` I i
4 ec
li
7
I
g
I I <�' ` i s
69
E �sk2
i - _ -lam o
• gW§
t /%'� air z6 �
o N Fog
3-- \-- ' --- - z No r§
r
r P
WV Y
11
I SIN NH 61:/-1 1 S00Z/Sp:/01 bMp 30V IIIV,RIAsI. LIcV loin, Mnuabl^N III-89„A'1-"1','-1 D N�.
q
Hello