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Home My WebLink About20062331.tiff PLANNED UNIT DEVELOPMENT(PUD)FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#AMOUNT# IS CASE Si ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 1 1 - 0 9 - 4 - 0 0 - 0 6 6 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office.or wNwe co weld Cri us) (moults all Iota being trIc.iudeci in the application area,tf eddltianal space is requred.attach an eddltiona#sheet) Legal Descr+poor,-ot B of RE No. 1311-09-4-R£1921,Section 9 , Township 2 North, Range frl West Pro perty Address(If Applicable) 8585 Weld Co. Rd. 22, Fort Lupton, CO 80621 Existing Zone District: PUD Proposed Zone District: PUD Total Acreage: 105.7*Proposed#/Lots 19 *Total acreage includes area to be developed (68.9 ac.) & Tract A (36.8 ac.), undeveloped. Average Lot Size: 2.3 ac Minimum Lot Size: 2.0 ac Proposed Subdivision Name' Cloruloma Estates Proposed Area(Acres)Open Space: 15.0 ac Located within'area to be developed ((18.9 ac)=21: Are you applying for Conceptial or Specific Guide? Conceptual Specific X FEE OW NER(S)OF THE PROPERTY (It addworol space is required.roach an attritional sheet) Name. Don and Linda Owens Work Phone 8 Home Phone#303/833-4Q40 _Email Address Address: 8585 WCR 22 CitylState2ipCode Fort Lupton, CO 80621 APPLICANT OR AUTHORIZED AGENT (See Allow Autha¢atan must accompany appscatrois*grad ed by Aurhomad Ap>ery Name. Ed Pruss Work Phone# 303/449-5000 Home Phone# Email Address Address' O/O Coidwell Banker, 3300 28th St, CityfStatelZip Code Boulder, CO 80301 UTILITIES: Water: Central Weld County Water District Sewer: Each residence will have an engineer-approved on-site wastewater Gas: Xcel Energy treattaeat system. Electric: United Pourer Phone: Wear C+vim in i cations DISTRICTS: School: Fort Lupton School District _ Fire: Platteville/Cilerest Fire Protection District _ Post: Fort Lupton I(We)hereby depose and state under penalties of perjury that all statements,proposals,anWor plans submitted with or contained within the application are true and correct to the best ci my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from ell fee owners must be included with the application If a corporation is the fee owner.notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned,hereby request the Department of Planning Services to re»ew this PUD Final Plat or request hearings.before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Fi Plat a t(bove desonbed unincorporated area of Weld County Cobraoo: Signature:Owner or Authorized Agent Date Signature: OwnerorAuthorized g g g e Agent Date EXHIBIT 2 2008-2331 GLORALOMA ESTATES PUD PEI No. 02-006 SPECIFIC DEVELOPMENT GUIDE Weld County Code—Article VI Section 27-6-30. Major Components of the Development Guide The development guide consists of eight (8) major components of the PUD development, as follows: A. Environmental impacts. B. Service provision impacts. C. Landscaping elements. D. Site design. E. Common open space usage. F. Proposed signage. G. MUD impacts. H. Intergovernmental agreement impacts. Section 27-6-40. Component One—Environmental Impacts A. Intent. The intent of Component One is to identify and isolate any possible impacts the proposed use may have upon the environment on the site, as well as on neighboring sites. B. Duties of the Department of Planning Services. The Department of Planning Services, in conjunction with personnel from the Public Works and Department of Public Health and Environment, will be responsible for reviewing the potential environmental impacts presented by the PUD development. The Department of Planning Services will utilize the development guide for assessing each of the following environmental impacts. The applicant shall submit an explanatory statement as to how the PUD development will plan for and accommodate the following impacts. The explanatory statements are as follows: 1. Noise and vibration: It is not anticipated that any excess noise or vibrations will be created by the project that would not be associated with a typical low-density residential development. Noise from the existing WCR 19 will be buffered with landscaping. 2. Smoke, dust and odors: 1 The project will not generate any unusual smoke or odors. During construction, dust control will be provided in accordance with local and state regulations. 3. Heat, light,and glare: Heat, light and glare will be controlled by the landscape and development designs. 4. Visual/aesthetic impacts: The natural grade on the site is from southeast to northwest. This natural grade, the large lots proposed on this PUD Change of Zone, and landscape buffering will minimize any visual/aesthetic impacts. The landscape buffering will provide screening along WCR 19 and along the boundary of the oil/gas facilities located southeast of the development. All buildings will conform to Weld County building codes. 5. Electrical interference: There are no reasons to expect that the development of the lots proposed in this PUD Change of Zone will create any electrical interference. 6. Water Pollution: No water pollution will occur. Wastewater treatment is discussed below. A majority of the site, including any areas outside of the proposed residential units and their irrigated yards, will maintain its current land use as equestrian pasture. It is anticipated that these equestrian pastures will consist of non-irrigated pasture grasses, which will provide erosion control and water quality for storm drainage in an historic manner. None of the developed areas will be allowed to drain into the adjacent properties or into the Coal Ridge Ditch. Three (3) copies of the final drainage report are included with this submittal for additional information regarding stormwater management. 7. Wastewater disposal: Professionally engineered individual sewage disposal systems will be required for each proposed residence. Refer to the two copies of Terracon's Geotechnical Engineering Report dated November 17, 1999, that have been included with this submittal. 8. Wetland removal: The site has been evaluated for wetlands. The "Wetland and Rare Species Evaluation" prepared by Wildland Consultants and dated March 2003, 2 determined that no wetlands exist on the property. An existing grove of Plain's cottonwood trees on the site does exhibit some riparian-like characteristics. However, this existing grove of trees will not be impacted by the proposed development. Refer to the Wildland Consultants' Wetland and Rare Species Evaluation, Gloraloma Subdivision, March 2003 (two copies included with this submittal). 9. Erosion and sedimentation: Erosion and sedimentation during construction will be controlled in accordance with local, state, and federal regulations. After construction, erosion and sedimentation will be controlled with landscaping settling ponds, and storm drainage structures. This is discussed in more detail in the stormwater drainage section. Refer to the Final Drainage Report for Gloraloma Estates PUD, Final Plat Submittal, dated March 2006, prepared by Pickett Engineering, Inc. (three copies included with this submittal). 10. Excavating,filling and grading: The proposed grading operation on the site is limited to the roadway construction and excavating the storm drainage ponds. This material will be used to fill some low areas to create berms to supplement the landscape screening and as necessary for the installation of utilities. 11. Drilling,ditching and dredging: See "Excavating,filling and grading, "above. 12. Air pollution: No uses are planned that would require an APEN. Other activities, which could create air pollution and the preventative measures taken, are addressed in other sections. 13. Solid Waste: A local trash company will collect and dispose of solid waste. 14. Wildlife removal: The site has been evaluated for the presence of endangered wildlife. Wildland Consultants' report determined that none exist on the property. Please Refer to Exhibits: Wildland Consultants' Wetland and Rare Species Evaluation. 15. Natural vegetation removal: 3 The majority of the existing vegetation consists of seeded grass and weeds on equestrian pastureland. There are no areas of native grassland on the site. No stands of trees will be impacted by the proposed development. Refer to Exhibits: Wildland Consultants' Wetland and Rare Species Evaluation. 16. Radiation/radioactive material: There are no sources of radiation or radioactive material on site. 17. Drinking water source: This is discussed in the following section, 27-6-50, B.9. 18. Traffic impacts: This is discussed in the following section, 27-6-50, B.5 & 6 Section 27-6-50. Component Two—Service Provision Impacts A. Intent. The intent of Component Two is to ensure that service provisions to the site have been adequately planned for and are available to serve the site now and into the future. B. Duties of the Department of Planning Services. The Department of Planning Services, Public Works and other County agencies are responsible for determining if adequate service provisions will be available for the proposed PUD development. The Department of Planning Services will utilize the development guide for addressing each of the following service provision impacts. The applicant shall submit an explanatory statement as to how the PUD development will plan for and accommodate the following impacts: The explanatory statements are as follows: 1. Schools: Anita Salazar of the Ft. Lupton School District stated that when all 19 lots have been built upon, the anticipated additional school students would not adversely affect the existing schools. 2. Law enforcement: The Weld County Sheriffs Department will provide law enforcement. 3. Fire protection: The Platteville/Gilcrest Fire Protection District will provide fire protection. Refer to Exhibits: Letter from the Platteville/Gilcrest Fire Protection District dated February 25, 2003. 4. Ambulance: 4 Weld County Paramedic Services will provide ambulance services. Refer to Exhibits: EMS access e-mail dated March 3, 2003. 5. Transportation (including circulation and roadways)—A description of the functional classification, width and structural capacity of the street and highway facilities that provide access to the PUD Zone District. If the street or highway facilities providing access to the PUD Zone District are not adequate to meet the requirements of the proposed district, the applicant shall supply information that demonstrates the willingness and financial capability to upgrade the street or highway facilities in conformance with Sections 22-3-60 through 22-3-190 of this Code. This shall be shown by submitting, with the PUD application, a separate improvements agreement describing the proposed road improvements and method of guaranteeing installation of said improvements in conformance with the County policy on collateral for improvements. The agreement shall be used for the purpose of review, evaluation and compliance with this Section [Sec. 27-6- 50 of the Weld County Code]. The development is located directly west of WCR 19. Both the primary and secondary accesses to the site will be off WCR 19. WCR 19, a paved two- lane roadway with a posted speed limit of 55 miles per hour, is designated as a rural collector in the Weld County Comprehensive Transportation Plan. Although the ultimate right-of-way for WCR 19 will be eighty feet (80), the existing sixty foot (60) right-of-way and roadway is adequate to meet the requirements of the proposed development. The site plan (included in the plan set) shows the proposed alignment through the project. The internal streets will be designated as local rural roadways with sixty foot (60) rights- of-way and each shall have two, twelve foot (12) travel lanes with four foot (4') shoulders. Equestrian trails will also provide circulation/connectivity through the site. 6. A traffic impact analysis prepared by a registered professional engineer competent in traffic engineering shall be provided by the developer, unless specifically waived by the Department of Public Works. An updated traffic impact analysis, dated December 16, 2005, has been completed for the Gloraloma project. As the traffic analysis indicates, "the subdivision will generate 14 morning peak hour trips, 19 afternoon peak hour trips, and [a grand total off 182 trips per day. These trips are considered minor. " The traffic analysis was based on a total of 19 residential lots. Based on the traffic counts performed for the traffic impact analysis, these 182 trips are less than 12% of the current daily traffic on WCR 19. Refer to the Gloraloma Traffic Impact Study by Eugene G. Coppola, PE, dated December 16, 2005 (two copies included with this submittal). 7. Storm drainage. All development within a PUD Zone District shall adhere to the stone drainage design and technical criteria regulations in Section 24-7-130 of this Code. The historic stormwater drainage patterns and runoff amounts will be maintained. The developer will be required to submit a detailed engineering study, from a Colorado licensed engineer, that shows both the undeveloped and developed drainage patterns. The 5 drainage study shall track the route of off-site discharge until it reaches a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be required to mitigate any downstream impacts caused by said development. The stormwater drainage study may be waived by Public Works based upon the proposed impacts and intensity of the PUD. To refer to the drainage report (in Exhibits), open drainageways and culverts will collect stormwater and convey runoff to stormwater management facilities. The detention ponds will retain the runoff and release it at historic rates to its historic drainage path as specified in Section 24-7-130 of this Code. Refer to the Final Drainage Report for Gloraloma Estates PUD, Final Plat Submittal, dated March 2006,prepared by Pickett Engineering, Inc. 8. Utility provisions. A description and statement from the representative of the provider of the utilities which demonstrates that there are adequate utility provisions available to serve the developer. Letters from Qwest Communications, United Power, and Xcel Energy are included with this submittal. 9. Water provisions. A description of the water source and system and a statement from the representative of the provider of the water system that demonstrates that the water supply quality and quantity are sufficient to meet the requirements of the uses within the PUD Zone District. The proposed development will be served by the Central Weld County Water District. The letter from the Central Weld County Water District, indicating their intention to serve this proposed development with an adequate water supply, has been approved by the Weld County Attorney's Office. Refer to Exhibits: Letter from Central Weld County Water District dated May 12, 2003; and the email from Lee Morrison, Asst. Weld County Attorney, dated May 22, 2003. 10. Sewage disposal provisions. A description of the sewage disposal facility. If the facility is a public sewer system, a statement from the representative of the provider of the sewer system utility which demonstrates that the disposal system will adequately serve the uses within the development. Professionally engineered individual sewage disposal systems will be required for each proposed residence. A homeowners association will manage the maintenance of the septic system. The homeowners association will establish a schedule for the required maintenance and will collect association dues to pay the costs associated with the maintenance. 11. Structural Road Improvements Plan. Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated 6 to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system as determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. (Weld County Code Ordinance 2001-1) The traffic impact analysis referenced above indicates that current operating conditions in the area of the site are very acceptable, the direct traffic impact of the proposed development would be minor and future operating conditions with the property fully developed will remain very acceptable. Refer to the Gloraloma Traffic Impact Study by Eugene G. Coppola, PE, dated December 16, 2005 (two copies included with this submittal). Section 27-6-60. Component Three—Landscaping Elements A. Intent. The intent of the landscape plan is to ensure that the landscaping and aesthetics of the site are compatible to that of surrounding land uses and that the site will provide and maintain an increased sense of place for those inside of the development. The landscape plan shall provide clear and supported information both by written statements and graphic representations. The information will provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment will be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Plant material selection will be reviewed for adaptability to physical conditions of the site plan. B. Duties of the Department of Planning Services. The Department of Planning Services will be responsible for evaluating the landscaping elements of the PUD for compatibility with Chapters 22, 23, 24 and 26 of this Code. The Department of Planning Services will utilize the development guide for evaluating all landscape issues associated with the proposed change of zone. The applicant shall submit the following information: The explanatory statements are as follows: 1. A landscape plan in accordance with Section 27-9-30 of this Code. The landscape plans illustrate the conceptual location of trees, trails, screening and open space within the development. Refer to the submittal package for the Landscape Plans, sheets L1.1—L1.4, by Ground Logic Landscape Architecture & Consulting. 2. A statement which describes any proposed treatment, buffering or screening between uses, building or structures in order to achieve compatibility, and a statement which describes the proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screens, fences,walls, berms and other landscaping. Open spaces will be landscaped with trees, shrubs and native grasses as indicated on the landscape plans. Berms will be constructed to facilitate the landscape screening along WCR 19 and along the adjacent property at the southeast corner of the site. Working in conjunction with the existing 7 grading from the southeast to the northwest, these proposed landscaped berms will provide an effective buffer between the proposed residential development and the existing adjacent land uses. The remaining open space areas and PUD perimeter will have existing or planted native grasses, which promote low water usage and blend into the natural surroundings. The development will have an equestrian trail system for the use of the Gloraloma residents. Refer to the submittal package for the Landscape Plans, sheets L1.1—L1.4, by Ground Logic Landscape Architecture & Consulting. 3. A maintenance schedule for all landscaping elements on site, delineating the care, management and maintenance of the proposed landscaping. A homeowners association will manage the maintenance of the landscaping. The homeowners association will collect association dues to pay the costs of landscape maintenance. Landscaping will be maintained on a schedule, which will insure a high quality appearance, performed either with in-house crews or by outside subcontractors at the discretion of the HOA board. 4. A proposed on-site improvements agreement for the proposed landscaping shall be submitted to the Department of Planning Services. At the time of final plat, the developer will enter into an improvement agreement with the County. Such agreement will provide guarantees that the proposed landscaping will be completed. 5. The applicant shall submit evidence that there is adequate water to sustain and maintain the landscaping proposed in the landscape plan. In determining whether available water resources are adequate to sustain and maintain the proposed landscaping, the Department of Planning Services may require the applicant to submit written assurance of such adequacy from a water resource professional or agronomist. The developer has adequate water resources to maintain irrigated landscaped areas. See the Service Provision Impacts section for additional information. The remaining landscaped areas will use non-irrigated native seed mixes as specified in the previously referenced Landscape Plan. Refer to Section, 27-6-50, B.9 of this document. Section 27-6-70. Site Design A. Intent. The intent of Component Four is to ensure that the PUD is established with consideration to the site's advantages and limitations, as well as the compatibility of the development to adjacent sites. The design of the site should consider all existing features, both natural and man-made, to determine those inherent qualities that give the site and the surrounding area its character. B. Duties of the Department of Planning Services. The Department of Planning Services and Department of Public Works will evaluate site design base upon Chapters 22, 23, 24 and 26 of this Code. The development guide will provide an explanatory statement as to how 8 the PUD development will adequately accommodate unique site factors for the site and the surrounding area. The following information shall be provided: The explanatory statements are as follows: 1. A statement describing any features unique to the site, such as topography and irrigation ditches. The Gloraloma site has inherent qualities that will be incorporated into the project. The topography of the site falls away from WCR 19 and WCR 22 towards the northwest. Located within Tract A and northwest of the proposed development, a large stand of established cottonwood and other native tree species provides a scenic backdrop to the west. This existing stand of trees, the site's topography, and the proposed landscape buffering along WCR 19 will provide the site with pleasing visual aesthetics and a feeling of seclusion from the surrounding land uses. The proposed trail system and accessibility to the Gloraloma Ranch equestrian facilities will provide residents with recreational benefits unique to this subdivision. Other features unique to the site include the Coal Ridge Ditch lateral, which is located at the northwest corner of the site but will not be impacted by the proposed development. Five (5) oil/gas well/production facilities are located within the site and an additional two (2) oil/gas wells are located within Tract A. The locations of each of these features are identified on the Final Plat. 2. A statement which demonstrates how the proposed PUD rezoning is consistent with the goals and policies of Chapter 22 of this Code. In Sec 22-1-110 (A), the Weld County Comprehensive Plan states "the way land is presently used is one (1) of the most important considerations in land use planning. " The current land use of the site is the operation of the Gloraloma Equestrian Ranch. The Equestrian Ranch will still continue its operations within Tract A, located adjacent to the proposed development. The proposed development will be marketed towards potential buyers based on their interest in the amenities provided by the adjacent Gloraloma Ranch. The end result will be a low-density community of residents whose interests focus on the existing land use pattern. The proposed development is situated in the Southeast Quarter of Section 9, Township 2 North, Range 67 West, Weld County, Colorado. The Weld County comprehensive plan states in Sec 22-1-110 (C) that "Future growth will require continued urban land area expansion within municipal urban growth boundary area, as well as small amounts of rural area development. " The proposed development's location is proof of this statement. As defined by the Coordinated Planning Agreement for Dacono, Frederick and Firestone, and the Town of Firestone's Comprehensive Plan, the proposed development is located within an urban growth boundary area dedicated to the Town of 9 Firestone. That urban growth boundary currently requires Residential Low Density for any proposed development. The location of this proposed development, within the urban growth boundary area, also complies with the Weld County Comprehensive Plan in Section 22-2-60 A. Policy 3, which states, "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area. " The applicants have entered into an Annexation Agreement with the Town of Firestone. The Weld County Comprehensive Plan Sec. 22-2-60 A. Goal 1, states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. " The proposed development is in compliance with this goal as demonstrated by the following statement taken directly from a Weld County referral agency's comments regarding the proposed development's sketch plan review: "The subject property is categorized as 'Other' land by the United States Department of Agriculture. The development of this site will not result in prime farmland being taken out of production. " Although this site is not prime farmland, this Final Plat application recognizes the importance of preserving agricultural land use within Weld County and has included as part of the final plat a Right-to-Farm covenant. The inclusion of the Right-to-Farm Covenant as part of the plat demonstrates that the applicants' understanding that long- established agricultural practices shall not be found to be a public or private nuisance and that such practices are essential to agricultural production. It also demonstrates the applicants' understanding that moving to a rural area exposes children to different hazards than in an urban or suburban area and that services equivalent to those provided by municipalities may not be provided. 3. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be compatible within the PUD Zone district. In addition, a detailed description of how any conflicts between land uses within the PUD Zone District are being avoided or mitigated and can comply with the performance standards. The land uses identified in the previously approved PUD rezoning application are complementary. The land use allowed by right for the proposed low-density development shall follow the requirements defined by the Sec. 23-3-400 through 23-4-400 (Estate Lot Districts) of this Code, with the exception of the minimum lot size requirement of two and one-half(2.5) acres. Under Sec. 23-3-520 item F (PUD Districts), the normal bulk requirements for minimum lot size may be varied as specified in the PUD District final plan. The proposed lot size for the residential lots shall be between 2.06 acres and 2.43 acres (as indicated on the recorded change of zone plat). The land use allowed by right for Tract A of the proposed PUD District shall continue to follow the "Site Specific Development Plan" and "Special Review Permit Development Standards" as defined in USR-1120, to recorded November 6, 1996, in Book 1576 as Reception No. 2519472. USR- 1120 is for an equestrian center and ranch. The PUD Zone District will create a symbiotic relationship, as the proposed low-density residential development focuses on the amenities provided by the current land use of the existing equestrian ranch located on the adjacent Tract A. In a similar fashion, the existing equestrian center and ranch and its land usage will benefit from being located adjacent to a residential development that encourages the residents to keep horses on their lots. The remaining land uses within the PUD Zone District are open space and some existing oil facilities. The open space areas, integrated system of trails, local roadways, and oil and gas easements shall provide connectivity between the residents of the proposed development and the equestrian center. Likewise, the patrons of the equestrian center shall have access to the open space and trail system within the proposed development. The non-obtrusive oil facilities are commonplace features in rural Weld County's landscape and do not detract from the proposed development and its proposed land uses. 4. A statement which demonstrates how the uses allowed by the proposed PUD rezoning will be compatible with land uses surrounding the PUD Zone District, including a detailed description of how any conflicts between land uses surrounding the PUD Zone District will be avoided or mitigated. The existing surrounding land uses include agricultural land to the north; existing Use by Special Review for oil & gas support services to the immediate southeast of the property; a commercial turkey farm to the east; and an irrigation reservoir to the west. The natural grade on the site is from southeast to northwest. This natural grade, combined with large low-density lots and landscape buffering, will minimize any visual/aesthetic impacts. The landscape buffering will provide screening along WCR 19 for the commercial turkey farm to the east and along the boundary of the oil/gas facilities located southeast of the development (as detailed in the landscaping plans). The grading and proposed drainage facilities will detain storm runoff and release it at a controlled rate along historic flow paths. The traffic study indicates that the proposed development will have negligible impact on the existing level of service on WCR 19 and the surrounding land use. A complete list of potential environmental impacts and how the proposed development will address each of these issues is found in Section 27-6-30, Component One— Environmental Impacts, on pages 1 through 4 of this document. The inclusion of the Right-to-Farm Covenant as part of the plat demonstrates the applicants' understanding that long-established agricultural practices shall not be found to be a public or private nuisance and that such practices are essential to agricultural production. It also demonstrates the applicants' understanding that moving to a rural area exposes children to different hazards than in an urban or suburban area and that services equivalent to those provided by municipalities will not be provided. The proposed development's focus on the amenities of the existing equestrian ranch and the 11 rural lifestyle make it very compatible with the surrounding land use. The existing land use patterns of this area of Weld County are part of the character and inherent qualities of the site. It is a goal of this proposed PUD Zone District to continue to integrate those qualities into its proposed low- density residential land use. 5. If the proposed change of zone is located within a Flood Hazard, Geologic Hazard or Airport Overlay District, as identified by maps officially adopted by the County, the applicant shall submit information which documents how the applicant intends to meet the requirements of the County Supplementary Regulations concerning floodplain and/or floodway, geological hazard and/or airport overlay districts. The Gloraloma development is not within any Geologic Hazard or Airport Overlay district. The Gloraloma development is not located within a floodplain. Refer to the Final Drainage Report for Gloraloma Estates PUD, Final Plat Submittal, dated March 2006, prepared by Pickett Engineering, Inc. (3 copies included with this submittal). Section 27-6-80. Component Five—Common Open Space Usage A. Intent. Common open space is an essential community asset and an important component of a development's design. Common open space attempts to preserve ecologically important environments, provides attractive views and space for recreational activities and buffers the development from other land uses. The intent of Component Five is to ensure that each development provides and appropriate amount and type of open space within the site. B. Open Space Regulations. Common open space is intended to establish a sense of community and increase the quality and uniqueness of each site. Open space provides enjoyable space while adequately buffering various uses. 1. Common open space restrictions will be permanent and not for a period of years. 2. The homeowners' organization will be established before any residences are sold. 3. Membership in the organization is mandatory for each residence owner. 4. The homeowners' organization is responsible for liability insurance, taxes and maintenance of open space and recreational and other facilities. 5. The organization will have the power to levy assessments, which can become a lien on individual premises for the purpose of applying the cost of operating and maintaining common facilities. 6. If the organization established to own and maintain common open space, or any successor organization fails to maintain the common open space in reasonable order and condition in accordance with the approved PUD final plan, the following action may be taken: 12 a. The cost of such maintenance by the Board of County Commissioners shall be paid by the owners of the properties within the PUD that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105, C.R.S. b. If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty(30) days or any extension thereof,the Board of County Commissioners, in order to preserve the values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners and accepted by the Board of County Commissioners. Before the expiration of said one-year period, the Board of County Commissioners shall hold a public hearing to consider the necessity of continuing such maintenance for a succeeding year. Notice of the hearing shall be given, in writing, not less than thirty (30) days and not more than sixty (60) days prior to this hearing to the organization normally responsible for the maintenance of the common open space and to the owners or residents of the PUD. If the Board of County Commissioners determines that such organization is not ready and able to maintain said common open space in reasonable condition, the Board may continue to maintain said common open space during the next succeeding year, and shall be subject to a similar hearing and determination in each year thereafter. 7. All PUDs containing a residential element shall provide for a fifteen percent (15%) common open space allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard will be considered and may be approved by the Department of Planning Services staff as long as the intent of Chapters 27 and Chapters 26 of this Code has been met. S. All PUDs may apply for a greater density and have reduced common open space when applying the cash-in-lieu alternative listed herein. a. In lieu of the preservation of land for common open space and subject to the discretion of the Board of County Commissioners, the applicant has the option of paying to a public entity approved by the County an amount equal to a proportionate share of the market value of the overall property under development consideration at the time of the final plat, or dedicating an equal number of acres at a different site. Such public entity shall possess the authority to hold land for public purposes. Should the developer select to purchase land for reduced on-site common open space, the land shall be purchased within the MUD area, or an alternative site designated by the Board of County Commissioners. Such alternative sites shall include, but not be limited to, land preservation activities and trail easements outlined in regionally accepted master plans. b. The required acreage may be determined according to the overall common open space requirement reduction. Such open space shall be dedicated to a public agency for one (1) or more essential public purposes. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. The required acreage as determined may be reserved through deed restrictions as 13 open area, the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. c. The required acreage shall be determined according to Appendix 26-E of this Code. Land shall be dedicated to a public agency for one (1) or more essential public purposes. This Option does not provide a complete elimination of common open space within the proposed development. This option does proved a reduced amount of common open space based upon the site features of the applicant site. Individual site features shall also be taken into consideration by the Department of Planning Services upon review of the application. d. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. A written agreement to this effect shall be provided to the Department of Planning Services at the time the sketch plan application is submitted. The agreement shall indicate the agency's readiness and ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance of the property shall also be provided. Failure to provide this information may result in the Department of Planning Services inability to process the review of the sketch plan application on the subject site. e. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be determined by a land appraiser with the minimum qualifications of a Certified General Appraiser through the Colorado State Board of Real Estate Appraisers. An appraiser with additional qualifications of a MAI or an ARA is desirable. The applicant shall be responsible for all fees associated with the r— appraisal. Payment shall be made according to the following formula: The anticipated average retail lot value for all lots in the development/phase shall be multiplied by the percentage of common open space the development is proposing to eliminate. f. The amount collected shall be deposited in a segregated account upon recording the final plat in the Department of Planning Services. g. The amount collected shall be expended within ten (10) years from the collection date for common open space, parks, wildlife preserves, riparian areas, trails or other lands to be preserved. h. Performance standards and bulk standards of the proposed zoning district shall be adhered to. C. Duties of the Department of Planning Services 1. The Department of Planning Services will be responsible for evaluating the open space usage of the PUD for compatibility with Chapters 22, 23, 24, and 26 of the Weld County Code, if applicable. 2. The applicant shall provide a statement detailing how any common open space will be owned, preserved and maintained in perpetuity. As needed, the Planning Commission or its representative shall compare the development to date with the approved construction plan to determine compliance,as follows: 14 The common open space areas do not include Tract A, which continues to be owned and operated by the current owners with the uses permitted by USR 1120 as previously described in this development guide. The common open space will be owned by the Gloraloma Estates Homeowners Association. The developer has submitted an on-site improvements agreement setting forth a plan providing for the installation of open spaces, recreational areas and commonly owned facilities. The developer has also submitted a copy of the Declaration of Covenants that states the HOA shall maintain open space and other landscaping, and replace non-weed vegetation after such vegetation has been planted by the developer. a. The construction and provision of all common open space, public utilities and recreational facilities as shown in the application materials and all subsequent plans shall proceed at a rate which is no slower than the construction of residential, commercial or industrial buildings and structures. b. The applicant shall submit an on-site improvements agreement setting forth a plan providing for the installation, permanent care and maintenance of open spaces, recreational areas and commonly owned facilities and parking lots. The same shall be submitted to the County Attorney and shall not be accepted until approved as to legal form and effect. (Weld County Code Ordinance 2001-1) Section 27-6-90. Component Six—Signage A. Intent. Signage has become an increasing issue in the County. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. The following signage controls are intended to protect and preserve the visual corridors of the roadways within the County while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the PUD Zone District. B. Duties of the Department of Planning Services. 1. The Department of Planning Services staff shall insure that the intent of Chapter 27 of this Code is carried out through the following sign regulations: a. Sign district regulations in Subsection C below. b. Sign construction standards in Subsection D below. c. Design provisions and requirements in Subsection E below. d. Non-permitted signs in Subsection F below. e. Nonconforming signs in Subsection G below. 2. The Department of Planning Services staff shall supply to the applicant written findings regarding non-adherence to the sign regulations of Chapter 27 of this Code. C. Sign District Regulations 15 1. Signage within a PUD shall adhere to all requirements in this Chapter and Chapters 23 and 26 of the Weld County Code, if applicable. 2. No sign shall be erected, enlarged, constructed, reconstructed, relocated, refaced, structurally or otherwise altered in the MUD area without first obtaining a building permit from the Department of Planning Services. 3. No sign shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Signs located at an intersection will be outside of the sight distance triangle. Signs which could potentially affect vehicle traffic shall be reviewed by the Department of Public Works and the Colorado Department of Transportation, if applicable. 4. No sign other that traffic control signs except as expressly allowed by state statute and permitted by the Colorado Department of Transportation shall be erected, constructed or maintained within, over or upon the right-of-way of any County, state or federal road or highway within the County. 5. All signs and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance throughout the County. If signs are not maintained as described, the Director of Planning or an authorized representative shall have the right to order the repair or removal of any sign which is defective, damaged or deteriorated, or has defects which may include holes, cracks, rotted, loose or missing materials or parts of the sign. D. Sign Construction Standards 1. All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. 2. Any operable or removable parts of a sign such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message shall be securely fastened or be provided with safety chains or hinges. 3. Signs shall be constructed to prevent potential hazards to the public. 4. All permanent signs and sing structures in the County shall be designed and constructed in accordance with the Uniform Building Code quality standards as adopted by the County. All electrically illuminated signs shall be designed and constructed to conform to the electrical code as adopted by the County. All signs and sign structures shall be designed and constructed to comply with the design standards set forth in this Chapter. E. Design Provisions and Requirements for Signs in the PUD Zone District 1. The owner, or applicant as agent for the owner, shall prepare a set of sign standards for all signs in the development. Such standards shall be included as part of any 16 site plan and included in the covenants approved for the PUD. The size, colors, materials, styles or lettering, appearance of any logo, type of illumination and location shall be set out in such standards. 2. The standards shall be such that signs constructed or maintained under the standards will comply with the sign regulations of the County in the PUD Zone District, and shall be for the purpose of assuring harmony and visual quality throughout a project. 3. Final development plans shall not be approved until the sign standards have been approved by the Department of Planning Services. 4. All signs in development complexes shall be designed and constructed of materials which harmonize with the architecture of the site on which the sign is located. Generally, the use of sign materials the same as or similar to the main building materials used on-site shall be found to provide the required level of design harmony. Design harmony is produced by adhering to the following: a. Marquee, canopy, overhead canopy, under-canopy,projecting or wall signs shall be mounted at least fourteen (14) feet above any driveway and at least nine (9) feet above any walkway over which they are erected. The top line of these signs shall not be higher than the top of the wall, roof eaves or parapet line of the building to which they are attached. b. Detached signs shall not be located in the visual sight triangle. .- c. Off-site detached signs shall have a minimum setback of twenty-five (25) feet and a minimum offset often (10) feet from the right-of-way. d. On-site identification signs shall have a minimum setback of fifteen (15) feet and a minimum offset of ten(10) feet from the right-of-way. e. Detached signs shall have surrounding landscaping which extends a minimum of three (3) feet from all sides of the sign base. f. The minimum spacing between signs shall be six hundred (600) feet. g. Signs within the MUD area or urban development node shall adhere to the sign regulations in Chapter 26 of this Code. F. Non-permitted signs in the PUD Zone District 1. Roof signs where any sign is mounted and supported wholly upon or over the roof of any structure. For purposes of these regulations, surfaces with slopes less than seventy-five percent(75%) from horizontal shall be considered roof surfaces. 2. Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed shall not be used as a sign structure for any signs within the PUD Zone District. 17 3. Attention-attracting devices are prohibited, including mechanical or electrical appurtenances such as revolving beacons or flashing signs, which are designed to compel attention. This shall not apply to banners used as temporary signs to announce or promote events of civic interest, provided that such banners are attached top and bottom (or two [2] sides) to permanent posts or buildings erected for another purpose, and provided that a building/sign permit is obtained. 4. All temporary signs as allowed in Chapter 23 shall be removed within ten (10) days after the event promoted. 5. Signs or components of signs that change physical position or light intensity by any movement or rotation of the physical sign or components which make up the sign or which give the visual impression of movement or rotation. G. Non-conforming Signs. Every legally established sign in existence on the effective date of these regulations within the PUD Zone District may continue in existence subject to the following: 1. A sign shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. The changing of the movable parts of an existing sign that is designed for such changes, or the repainting or reposting of display matter, shall not be deemed a structural alteration. 2. The lawful use of a sign existing on the effective date of these regulations, although such sign does not conform to the provisions hereof, may continue; but if such nonconforming use is discontinued for a period of six (6) months or more, such sign shall not be used until it has been made to conform with the provisions of this Chapter. 3. Any sign which have been damaged fire, wind, explosion or natural disaster to the extent that fifty percent(50%)or more of the construction value or replacement cost of the sign before it was damaged shall be deemed to have been totally destroyed and the sign shall not be restored except in conformity with this Chapter. Any sign which has been damaged to an extent less than fifty percent (50%) of the construction value or replacement cost of the sign before it was damaged may be restored to the condition which it existed previously as a nonconforming use prior to its damage. (Weld County Code Ordinance 2001-1) All Signage will meet the requirements of Chapter 23 and 26 of the Weld County Code if applicable. Section 27-6-100. Component Seven—MUD Impact A. Intent. The MUD area has been developed to provide high quality development in an urban corridor area within the County and therefore, development in the MUD area is driven by the intensity of the use and the impacts of the use on adjoining neighbors and the community. B. Duties of the Department of Planning Services. When an application is proposed for the MUD area, additional standards will apply. These standards are intended to carry out the intent and goals of Chapter 26 of this Code. The Department of Planning Services will review 18 all PUD proposals for development inside of the MUD area in conjunction with the applicable standards set forth in Chapter 26. The Gloraloma development is not located within the MUD Zone. Section 27-6-110. Component Eight--Intergovernmental Agreement Impacts A. Intent. Efficient and orderly land development directs PUD developments to locate where urban services exist or can more easily be provided, such as in close proximity to municipalities and within the MUD area. Currently, the County and many municipalities are cooperating in joint planning efforts to achieve a consistent vision for land surrounding municipal boundaries. This coordination is achieved through intergovernmental agreements. B. Duties of the Department of Planning Services. When an application is proposed in an area included in an intergovernmental agreement, additional standards and criteria for review will apply. These standards are intended to carry out the intent and goals of the intergovernmental agreement with the affected municipality. The Department of Planning Services will review PUD proposals for development influenced by an intergovernmental agreement area in conjunction with the applicable standards set forth in the agreement. The proposed PUD District is located within the Urban Growth Area of the Town of Firestone, as identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono and the Towns of Firestone and Frederick. The applicants have entered into an Annexation agreement with the Town of Firestone. r 19 MAR 04 '03 15:53 FP CGL&LiELL 8ciHKER EU.LP 29 9-19703566406-13 P.02/05 Feb 25 03 11 : 51a Wes Scott 370 785 0139 p. 2 Platteville/Gilcrest Fire Protection District 303 Main Street P.O. Box 407 Platteville CO 80651-0407 970-785-2232 970-785-0I39 FAX February 25, 2003 To Whom It May Concern: If the Glora Lorna Estates are developed on the north side of WCR 22 and east of WCR 171/: then the Platteville/Gilcrest Fire Protection Dist will cover it. If the development extends beyond these roads then the Ft. Lupton Fire Dist. and the Fredrick Fire DiSt. need to be aware. If there are any questions please give me a call. ,_ mcerel 7-"il Russ Kloster Fire Prevention Officer PGFPD r MAR 04 ,n7 15:53 FR COLDWELL ErrVER BLDR .t4 R-19703566486-17 F.03/06 //- . Q REPLY ). r.t REPLY ALL ), ^'. FORWARD ). = DELETE ) I o PRINT I Qpen message in New Windo% to From: Dave Bressler <OBRESSL ER@co•weld.Co.us> Add_ Addree ss BPS Date: Mon, 03 Mar 2003 16:49:22 -0700 To; edpruss@earthlink.com jcampain@aims.edu, DAVE Jacoby <DJACOBY@co,weld.co.us>, Kathy Baxley <KBAXLEY@co.weld.co.us>, LYLE ACHZIGER <LACHZIGE@co.weld.co.us>, MONICA Mika Cc. <PLafleur@co.weld.co.us>, Mitch Wagy <MWAGY@co.weld.co.us>, Paul LaFleur <PLafleur@co.weld.co.us>, ROD Deroo <RDEROO@co.weld.co.us>, Robert Osborne <ROsborne@co.weld.co.us>, Rick Weber <RWEBER@co.weld.co.us>, jcampain 1@mindspring.com Subject: Glora Loma Estates - EMS Access Dear Mr. _rues : As requested, weed County ?arar..edic Services Paramedic ?3 drove by the Weld County Roar; 22 & 19 location for your proposed development. There were no new roads access / egress routes apparent, but the crew did� „nom hive a r1 "; cult time locating the general area today in the event emergency . services were requested. Please contact us when there are more definitive access and egress routes established and we will be glad to review them. Thank you, Dace 3ressler, Director C REPLY ). REPLY ALL I. a' FOQWARD I. r. DELETE ! . a PRINT - ) ) Open Message in New Window rAP 04 '0 15: 54 FF C0LL..=__ E t•YEP BLDFI '?-197L1�5F_�^ �- P.06/06 2-Z4-C3 . 3:ZePv:ONE Will Serve Qwest Commtmications Monday, February 24, 2003 3:18:08 PM 3351 Eastbrooilc.Drive Ft. Collins, CO 80538 CAROLE VEYSEY Tracking # 2302 SUBJECT: Telephone facilities to planned/proposed development. Attn: GLORALOMA ESTATES SUBDIVISION 'EDWARD F. ?MISS [_ 7 13300 28TH ST BOULDER,CO 80301 30349-5000 � Qwest will provide service to your planned/proposed developemeat: GLORALOMA ESTATES SUBDIVISION y T 2N 67W 6TH PM WELD Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission. I will need a final plat with measurements, easements,addresses,your phasing plan, and a trench plan before I can have this engineered. If there are any further questions, or if I can provide any assistance,please contact me. CAROLE VEYSEY 970477-6406 (WA Coordinator) (Phone) Sincerely GLORALOMA ESTATES PUD PICKETT ENGINEERING, INC. PEI No. 02-006 STATEMENT OF COMPLIANCE: The following is a statement indicating how the Proposed PUD final plan complies with and meets all criteria set forth in the change of zone. Per the resolution to grant the change of zone, there were numerous items that had to be addressed or resolved prior to scheduling the Board of County Commissioners hearing and prior to recording the final plat. Each of those issues was resolved in turn so that the change of zone was eventually approved by the Board of County Commissioners and the change of zone plat was recorded at the Weld County Clerk and Recorder's office. Also, per the change of zone resolution, there were nine items that were required to be addressed at the time of the final plat submittal. Those items are listed below with an explanation of how they were addressed. A. The applicant shall submit an On-Site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. Four copies of the On-Site (Private) Improvements Agreement have been submitted with the Final Plat Application. B. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. The copies of the Improvements Agreement contain a construction schedule for those improvements with an anticipated completion date within three years of the final plat approval. C. The applicant shall submit evidence to the Weld County Department of Planning Services, with the final plan application, that all proposed street names and lot addresses have been submitted to the Fire Protection District, Weld County Sheriff's Office, Weld County Paramedic Service, and the Post Office for review and approval. Sheet C-P.2 of the final plat indicates the proposed street names and lot addresses. A copy of this sheet has been submitted to the fire protection district, sheriff's office, paramedic service and post office for their review and approval. Copies of the letters to those agencies are attached. D. The applicant shall submit Covenants and Homeowners' Association paperwork for review and approval by the Weld County Attorney's Office. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the Covenants. The Covenants shall state that activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other 3/10/2006 1 of 3 landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the fields, should be restricted over the absorption field areas while in use. Four copies of the declaration of covenants have been submitted with the Final Plat application. Section 3.7.1 of the covenants contains language for the preservation and/or protection of the absorption field envelopes. E. The applicant shall submit stamped, signed, and dated final plat drawings and roadway/construction and grading plan drawings (with the final application) to the Department of Public Works for review and approval. Construction details must be included. A complete set of stamped, signed and dated construction drawings have been submitted for the review and approval of the Department of Public Works. F. Water for the Gloraloma Ranch equestrian center shall be given to the Homeowners' Association. Written evidence of such shall be provided to the Department of Planning Services. The Gloraloma Ranch equestrian center is located within Tract A of the proposed subdivision. Tract A is not part of the residential development but will continue to be owned and operated by Don and Linda Owens with the uses permitted by USR 1120. The details of the permitted uses are referenced in the Specific Development Guide that has been submitted with the Final Plat application. Pickett Engineering contacted Chris Gathman of the Weld County Planning Department for clarification on this item. Mr. Gathman stated that this item is actually concerned with ensuring there is enough water available to install and maintain the proposed landscaping improvements within the common open space areas of the residential development. Pickett Engineering has previously provided evidence of adequate irrigation water for the watering of proposed landscaping to the Weld County Planning Department as a condition required to schedule the Board of County Commissioner's hearing for change of zone. There have been no changes to the proposed water supply or landscaping requirements since this issue was addressed The areas of proposed landscaping that require irrigation will utilize water taps from the two lots that are currently non-buildable due to encumbrances resulting from existing oil/gas facilities. These taps will by supplied by the Central Weld County Water District and will be metered for water usage generated by the drip irrigation system that will be installed to establish the landscaping areas. The Home Owners Association will pay for the water utilized for this irrigation. At such time as the landscaping is mature enough to no longer need the drip irrigation system, the taps can revert back to residential use once the oil/gas facilities are removed from those two lots. G. The Weld County Sheriff's Office has indicated that a sign with a graphical representation of the subdivision should be placed at the entrance to the subdivision. To address this concern, the applicant shall submit a set of sign standards as required by Section 27-6-90.E.1 of the Weld County Code for review and approval. �.. A draft copy of the sign standards has been attached to this statement of compliance. 3/10/2006 2 of 3 H. Final drainage construction and erosion control plans (conforming to the Drainage Report) stamped, signed, and dated by a professional engineer licensed in the state of Colorado shall be submitted with the final plan application. The Final Drainage Report must compare the historic and developed flows (runoff) in a way that is analogous over the basins. This would tie the report to the data from the appendices and concisely document the detention requirements. The area south of Weld County Road 22 must be more fully investigated for contribution to off-site drainage. A topographical map of the expanded area will need to be included. A closer investigation of capturing off- site waters by the Bull Canal shall be elaborated upon. It appears the Drainage Report has assumed any and all drainage south of Weld County Road 22 does not impact the development. (Rainfall generating less than the 100-storm may possibly fill fields and cross over roadways.) The applicant shall address the large off-site basin area in the Final Drainage Report. Supporting discussion of the on-site lake/reservoir, high water level, and spillway shall be included in the Final Drainage Report, insuring safety of the proposed residential lots. The final stamped, signed and dated drainage construction and erosion control plans are included in the complete set of construction drawings for the review and approval of the Department of Public Works. A final drainage report that meets the criteria stated above has also been submitted for the review and approval of the Department of Public Works. The applicant shall provide an agreement with the Coal Ridge Ditch Company and Northern Colorado Water Conservancy District, or provide evidence that they have made an adequate attempt to address the concerns. A copy of a warranty easement deed has been signed by Don and Linda Owens, which would grant the Coal Ridge Ditch Company continued access to their existing facilities in the adjacent property. A copy of this easement agreement has been attached to this statement of compliance. The ditch company has not signed the easement agreement yet but the negotiations are ongoing. The applicants have made numerous attempts to finalize this agreement with the ditch company and are very close to achieving that goal. The applicants are continuing to work in a cooperative manner to address the concerns of the ditch company. In addition to meeting the criteria as outlined in the change of zone resolution, a Specific Development Guide has be submitted with this Final Plat application that describes in detail the proposed uses on site and has been adhered to in the development of these final plans. 3/10/2006 3 of 3 'a\ OO1.006Q/ PE PICKETT ENGINEERING, INC. March 9,2006 J.D. Broderius Weld County Sheriffs Office 1950 O Street Greeley, Colorado 80631 RE: Final Plat Approval Gloraloma Estates PUD PEI No.02-006 Dear Mr. Broderius: On behalf of our clients,Don and Linda Owens,we are submitting the Final Plat application to the Weld County Planning Department. We request your review and approval of the enclosed plat sheet's addresses. If you recall,the proposed subdivision will contain 19 Residential Estate lots and is located in Section 9,Township 2 North,Range 67 West of the 6th P.M., Weld County, Colorado. Thank you for your consideration of this matter. If you have no objections to the lot addresses, please indicate your approval by"signing-off' in the area below, and return the signed original to us. Sincerely, PICKETT ENGINEERING,INC. Steel PkeOs R. Sean Phipps,PE Project Manager RSP/pkg has reviewed the lot addresses for Gloraloma Name of Service Provider Estates PUD and agrees that they meet our criteria. • Name and Title of Person Signing Date 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 • PE PICKETT ENGINEERING, INC. March 9,2006 Russ Kissler,Fire Prevention Officer Platteville/Gilcrest Fire Protection District PO Box 407 Platteville,Colorado 80651-0407 RE: Final Plat Approval Gloraloma Estates PUD PEI No. 02-006 Dear Mr.Kissler: On behalf of our clients,Don and Linda Owens,we are submitting the Final Plat application to the Weld County Planning Department. We request your review and approval of the enclosed plat sheet's addresses. If you recall,the proposed subdivision will contain 19 Residential Estate lots and is located in Section 9, Township 2 North,Range 67 West of the 6`s P.M., Weld County, Colorado. Thank you for your consideration of this matter. If you have no objections to the lot addresses, please indicate your approval by"signing-off' in the area below, and return the signed original to us. Sincerely, PICKETT ENGINEERING,INC. R. Sean Phipps, PE iep - Project Manager RSP/pkg has reviewed the lot addresses for Gloraloma Name of Service Provider Estates PUD and agrees that they meet our criteria. Name and Title of Person Signing Date 808 8th Street -- Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 PE PICKETT ENGINEERING, INC. March 9, 2006 Lorena Buum,Postmaster Fort Lupton Post Office 533 4a' Street Ft. Lupton, Colorado 80621 RE: Final Plat Approval Gloraloma Estates PUD PEI No. 02-006 Dear Ms. Buum: ' On behalf of our clients, Don and Linda Owens,we are submitting the Final Plat application to the Weld County Planning Department. We request your review and approval of the enclosed plat sheet's addresses. If you recall,the proposed subdivision will contain 19 Residential Estate lots and is located in Section 9, Township 2 North,Range 67:West of the 6th P.M., Weld County, Colorado. Thank you for your consideration of this matter. If you have no objections to the lot addresses, please indicate your approval by"signing-off' in the area below, and return the signed original to us. Sincerely, PICKETT ENGINEERING, INC. Pl.; s R. Sean Phipps, PE �� Project Manager RSP/pkg • has reviewed the lot addresses for Gloraloma Name of Service Provider Estates PUD and agrees that they meet our criteria. Name and Title of Person Signing Date 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 P E PICKETT ENGINEERING, INC. March 9, 2006 Rod Deroo, Operations Manager Weld County Ambulance Service 1121 M Street Greeley,Colorado 80631 RE: Final Plat Approval Gloraloma Estates PUD PEI No. 02-006 Dear Mr. Deroo: On behalf of our clients,Don and Linda Owens,we are submitting the Final Plat application to the Weld County Planning Department. We request your review and approval of the enclosed plat sheet's addresses. If you recall,the proposed subdivision will contain 19 Residential Estate lots and is located in Section 9,Township 2 North,Range 67.West of the 6th P.M., Weld County, Colorado. Thank you for your consideration of this matter. If you have no objections to the lot addresses, please indicate your approval by"signing-off' in the area below, and return the signed original to us. Sincerely, PICKETT ENGINEERING,INC. k % PhipPs R. Sean Phipps, PE Project Manager RSP/pkg has reviewed the lot addresses for Gloraloma Name of Service Provider Estates PUD and agrees that they meet our criteria. Name and Title of Person Signing Date 808 8th Street -- Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 GLORALOMA ESTATES PUD PICKETT ENGINEERING, INC. PEI No. 02-006 SIGNAGE STANDARDS A sign with a graphical representation of the subdivision will be placed at the entrance to Gloraloma Estates PUD. The sign shall meet Weld County Code criteria found in Chapters 23 and 27, if applicable. The sign will also be designed and constructed in accordance with the Uniform Building Code quality standards as adopted by Weld County. The sign's location has been identified on the Final Plat and on the Layout Plan, C-3.1. The current owner desires to sell the final plat and construction drawings of this planned unit development after it has been approved and recorded. It is unreasonable to believe the new developer and the owner would present the same signage for approval. In the interest of saving both the county and owner time and money, the size, colors, materials, styles of lettering, appearance of any logo, and type of illumination shall be determined by the new developer and will be presented to the county for approval. Gloraloma Estates PUD 3/10/2006 March 3, 2006 Alfred Sater, President New Coal Ridge Ditch Co Dear Mr. Sater, Gloraloma Estates will build or cause to be built a 6' high chain link fence along the southeast side of your ditch at the ROW or break in slope extending from where the ditch enters our property extending southwestward until the ditch leaves our property, about 170 feet in length. The fence will be completed by the time the final paving of the subdivision is completed. Sincerely, Don Owens � , Linda Owens w N80'30'02"E FENCE IS 3.74' SOUTH OF PROPERTY 30.00' LINE N S89'30'35'E 26. N N lei/ ��-- --x-x--x--,.x--x x x --�C N. - 7�! /� 01 CI RIGHT I HT OF WAY 7 C 9. PAGE 115 • CEN PLATTED RIGHT OF WAY �C /7 TO USA. REC. NO. 1631170 CAF it ll JG� --- r Gr1 G__ \ \ /\--\1( N " 1 v 1 s. \ \ \I- \ \ \ ® \ 1 LA 100 50 0 0 100 200 300 1N [L 1 I J ca SCALE IN FEET Ul co. 1n JUN-09-2006 FRI 11:35 AM FAX NO. .-. P. 01/02 Qom: ' ,.... Report 0 te: 061091200611:30AM WELD COUNTY TREASURER Page; 1 STATEMENT OF TAXES DUE S HEDULE NO: R8770200 ESSED TO: B IG WILLIAM 0 18 84 WELD CO RD 35 LA SALLE,CO 80645 LEGAL ESCRIPTION: PT NE4 -66 LOT C REC EXEMPT RE-2671 (.18R60) PARCEL 105738000018 SITUS ADD: TAX YE R CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 311.46 0.00 0.00 311.46 0.00 TOTAL TAXES 0.00 GRAN TOTAL DUE GOOD THROUGH 06/09/2006 0.00 ORIGIN L TAX BILLING FOR 2005 TAX DISTRICT 2182- Authori Mill Levy Amount Values Actual Assessed WELD C UNTY 17.900 121,55 COMMERCIA 4,000 1,160 SCHOO DIST RE1 10.971 74.49 AGRICULTUR 19,417 6,630 NCW ATER 1.000 6.79 -- --__-- CCW ATER 0.607 4.12 TOTAL 23.417 6,790 CCS W TER 3.350 22.75 LASALL FIRE 2.404 16.32 AIMS JU IOR COL 6.357 43.16 WELD L BRARY 3.261 22.28 _ _ TAXES OR 2005 45.870 311.46 ALL TAX IEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO A VERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE ^ CONTAC ED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1. REAL PR PERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST SE PAID SY CASH OR CASHIERS CHECK. P.O.Do 458 Groele CO 80632 (070)3 3-3845 ext.3290 JUN-09-2006 FRI 11 :35 AM " FAX NO. P. 02/02 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached tatement(s) of Taxes Due, issued by the Weld County Treasurer, are vidence that, as of this date, all property taxes, special assessments and I for tax liens currently due and payable connected with the parcel(s) i entified therein have been paid in full. igned .C.Q, Date /9, '1 Identify Results Page 1 of 7 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3774605 Parcel#: 131109400066 Tax Area: 2258 Bordering County: Acres: 103.17 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 02 - 67 - 09 -4 - - Owners Name&Address: Property Address: OWENS DON & Street:8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description PT SE4 9-2-67 LOT B AM REC EXEMPT AM RE 1921(1.27R) SITUS: 8585 22 CR WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 4180 Acres 15 Agricultural 4147 Acres 88.17 Land Subtotal: 103.17 $8,912 $2,590 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 10 Out Building 11 Out Building 12 Out Building 13 Out Building 14 Out Building 2 Out Building 3 Residential 4 Out Building 5 Out Building 6 Out Building 7 Out Building 8 Out Building 9 Out Building Improvements Subtotal: $762,991 $125,010 Total Property Value $771,903 $127,600 Building Details Account#: R3774605 Parcel#: 131109400066 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 06/06/2006 Identify Results Page 2 of 7 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD .-. FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1968 Exterior: Frame Siding HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 1564 #of Baths: 2 Roof Type: Gable #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 480 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name &Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 10 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1997 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 160 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 11 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 1976 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 288 http://maps.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=13110... 06/06/2006 Identify Results Page 3 of 7 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 A Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 12 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 1976 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 288 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 13 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 1976 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 288 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 06/06/2006 Identify Results Page 4 of 7 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR .^� 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 14 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 1976 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 288 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Barn Year Built: 1970 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1440 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 3 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1981 Exterior: Frame Siding HVAC: Electric Baseboard http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 06/06/2006 Identify Results Page 5 of 7 Interior Finish: Drywall Built As SQ Ft: 2450 #of Baths: 3 Roof Type: Gable #of Bdrms: 4 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 4 Units: 0 Garage: Attached SQ Ft: 462 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 4 Out Building Individual Built As Detail Built As: Horse Arena Year Built: 1997 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 14112 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 5 Out Building Individual Built As Detail Built As: Stable Year Built: 1997 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 5280 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 06/06/2006 Identify Results Page 6 of 7 Account#: R3774605 Parcel*: 131109400066 Owners Name&Address: Property Address: ..^� OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 6 Out Building Individual Built As Detail Built As: Stable Year Built: 1997 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 5280 #of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 7 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1978 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 600 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 8 Out Building Individual Built As Detail Built As: Stable Year Built: 1980 http://maps.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=13110... 06/06/2006 Identify Results Page 7 of 7 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 10400 #of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R3774605 Parcel#: 131109400066 Owners Name&Address: Property Address: OWENS DON & Street: 8585 22 CR 8585 COUNTY RD 22 City: WELD FORT LUPTON, CO 80621 Building# Property Type 9 Out Building Individual Built As Detail Built As: Stable Year Built: 1980 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3384 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 06/06/2006 PE PICKETT k CE KING, INC.:. May 26,2006 Manuel Montoya Farmers Reservoir&Irrigation Company 80 South 27'"Avenue Brighton,CO 80601 RE: Request for Easement Gloraloma Estates, PUD PEI No.02-006 • Dear Mr. Montoya: At the beginning of March,we had a phone conversation about the proposed Gkaraloma Estates Subdivision located at the northwest corner of Weld County Rood 19 and Weld County Road 22. The proposed subdivision is located adjacent Lake Harrison in Section 9,Township 2 North, Range 67 West in Weld County. Please see the attached email message that I sent to you as a follow-up to my phone call. The Weld County Public Works Department has reviewed our proposed drainage improvements and has requested that we pursue securing easements from the Farmers Reservoir.& Irrigation Company(FRICO). I have attached a site map that shows some ofthe proposed drainage improvements. Also shown(in red) are two locations where we arc proposing to cut very shallow swalks to convey detained stonnwater runoff across the 30-foot-wide strip of land that FRICO owns north of take Harrison. We would like to request a drainage easement at each of those locations and an access easement at the northern location. I would like to discuss these proposed easements with you to address any concerns or questions that you may have. lam going to be at the site on Thursday morning,June 1. If you are available,I would like to meet with you at the site to review the drainage improvements and proposed easements. If you are not able to come out to the site,perhaps I can meet)ou at your office in Brighton. Please contact me as soon as possible to see if we can arrange a time to meet. Our contact information is shown at the bottom of this sheet. Thank you for your time; I look forward to hearing from you. Sincerely, PICKEIT ENGINEERING,INC. R. Sean Phipps,PE Project Manager RSP1pkg cc: Brian Varrella, Weld County Public Works 808 8th Street --- Cawley, CO 80631 t Phone(970) 356.6362 Fax(970) 356.6406 Sean Phipps "gym: Sean Phipps[sphipps©'pickettengineering.com) .ent: Monday.March 06, 2006 2:27 PM To: 'manuel@farmersres_com' Subject: (02-006)Lake Harrison in Weld County Mr. Montoya. We spoke on the phone on Friday morning of last week about Lake Harrison located in Section 9, Township 2 North, Range 67 West in Weld County As we discussed. the adiacent property to the east and north of the FRICO property is currently going through the subdivision process with the Weld County Planning Department to plat the Gloratoma Estates Subdivision. I explained that my company has completed the grading and drainage design for the proposed subdivision and that in completing that design I had assumed that FRICO would not want storm drainage runoff from the subdivision to drain toward Lake Harrison. During our phone conversation. you confirmed that FRICO would prefer that storm drainage from the subdivision does not drain toward Lake Harnson even though some drainage from the undeveloped property has historically flowed toward the Lake. I explained that our proposed drainage improvements would intercept runoff from the subdivision before it would enter the FRICO property I wanted to send you an exhibit showing our proposed drainage improvements. Please see the attached .pdf file. Please note that POND A will intercept storm drainage flow from the proposed subdivision that have historically drained toward Lake Harrison. Also please note that we have designed two shallow flat bottom swales that will allow controlled release from the detention ponds to be conveyed across the 30'step of FRICO property that runs north to northwest from the Lake Harrison outlet structure toward the Coal Ridge Ditch Outfall. These shallow flat bottom ditches will convey the controlled release from the detention ponds across that 30' strip of FRICO property and further west to the existing grove of cottonwood trees located west of the 30'strip. These ditches are less than 1.25 feet deep and over 5 feet wide at the bottom of ditch and help to convey the storm drainage to its historical discharge location. Please contact me to let me know if these improvements are acceptable to FRICO or if I may answer any questions or concerns you may have regarding our proposed drainage improvements. Thank you for your time and assistance in this matter I look forward to h^ng from you. Sean Phipps,PE Project Manager PICKETT ENCINEERING_, INC. See 8°'Street Greeley.CO 80631 Phone 970 356.6382 ext.28 Fax 870.356 6486 / PI IIV • • alip' *i f a 1 .-rte,f. 7 - .. lif rrs , • r• ,' / ,,' O O o / .1 ..ter ....1 j, I )41 i 1 .: I', ! • . 1 ----'..: ! .' '''' li Ii _0 • f YM 8' , Mb r u r,. i ,...T4 . ..,.' - . ‘,: NI 4 N., ..\ \ a. k H ,,,, ' Iii ' + ' ' if i #3•.rt lfr 6. .., 1 i ark V., J.... .,. ll lilt \ k1. 1 1 it ) Ir 811 I . / i• 8 i , t II ---1--- II .---/ pwr;„,,o.ii.m-.....Aik r srt I �.""._'�'�' 4 *Nil§ f,,.� `um ' .. ileil \ 4 . . .._...._,„_....4,r, .. . .,,, - „ \ `� i=mp ? iii 6 `..... i ``.•w I '',....-...—..---'1/ r' r1 PI 1 g . I, x ... ... . s* 8fg 41 sr-,,.. ,,,, r F AO., ill 11111111111111111111111 tat!Inkin!!111 e r 3127608 111181 MS Steve MOM Cis 01 10 R 61.00 0 0.00 5O8 AGREEMENT THIS AGREEMENT is made and entered into this 7 day of Or-de el"--L 2003, by and between Don Owens and Linda Owens, hereinafter referred to as "Owner," and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred to as "Firestone"or"Town". WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Weld County, Colorado, with a street address of 8585 Weld County Road 22, Fort Lupton, Colorado, 80621, and more particularly described and depicted on Exhibit"A"attached hereto and incorporated herein by reference(such property is hereinafter referred to as"the Property"); and WHEREAS, the Property is located within the Urban Growth Area of the Town, as identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono and the Towns of Firestone and Frederick(the"ICPA"); and WHEREAS, Owner has submitted to Weld County an application for approval of a large- lot residential subdivision to be located on the Property, which application has received PUD Sketch Plan approval, with conditions, under Weld County Case No. S-521, and which application is for a development currently identified as Gloraloma Estates PUD; and WHEREAS, the proposed development constitutes Urban Development under the ICPA and, as a condition of any such approval and pursuant to the ICPA, the Owner is obligated to execute an annexation agreement with the Town; and WHEREAS, the parties by this agreement desire to set forth their understanding with respect to annexation of the Property to the Town, the potential development of the Property within the County,and related matters; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 1 i iru��rriir i�r�riurlr��ir rim�i rfrri i��rr�ir�iri irri 3127608 11/18/2003 11:18A Weld County CO 2 of 10 R 61.00 D 0.00 Steve Moreno Clerk b Recorder 2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions with respect to annexation of the Property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to any and all requirements concerning annexation and development contained in the Town of Firestone Municipal Code, Access Code, Development Regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq. This Agreement shall not be construed to preclude further agreements concerning annexation of the Property to the Town or the provision or financing of municipal services to the Property. 3. Annexation. Owner shall apply for and consent to the annexation of the Property to the Town when requested in writing by the Town Board, so long as the Property is eligible for annexation to the Town. The Owner will also sign an annexation petition, or a petition for annexation election, when requested by the Town Board, and will vote for annexation to the Town if an annexation election relating to the Property is held. The Town agrees it will not make any request to Owner under this Paragraph sooner than four years from the date of execution of this Agreement, unless sooner permitted pursuant to Paragraph 5. At the time of annexation, the Town and Owner agree to consider a zone district designation that will permit defined equine uses on the Property,consistent with Town zoning and animal maintenance standards. 4. Property to he Annexed. The Property the Owner shall annex to the Town pursuant to this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by reference, or such portion thereof as the Town may request. To facilitate any requested annexation of a portion of the Property, Owner hereby consents to the division of the Property for annexation purposes only, to the extent such consent is required by C.R.S. §31-12-105(1). Owner shall execute additional evidence of such consent upon request by the Town. 5. Failure to Annex; Appointment of Attorney-in-Fart. In the event Owner fails to annex the Property to the Town as required by this Agreement, the Town may at is sole option and without otherwise limiting its legal rights bring an action at law or equity, including an action for specific performance, to enforce Owner's obligations hereunder. Further, Owner, for themselves, their successors, transferees, heirs, and assigns hereby irrevocably appoint the Town Administrator of Firestone as Owner's lawful attorney-in-fact for the purpose of signing any annexation petition or petition for annexation election, for voting in any annexation election, and for executing any and all other documents determined by the Town to be necessary for annexation of the Property to the Town. The Town Administrator shall exercise the powers under this appointment only upon written request of the Town Board, and only if the Owner and/or its successors, transferees, heirs and assigns have not signed a petition for annexation within thirty (30) days after receipt of a written request made pursuant to Paragraph 3. This power of attorney is granted and intended to be valid for the longest period of time permitted by state statute. In the event the state statute is amended to shorten the validity of this power of attorney to a period of less than five years, the Town may exercise this power of attorney at any time prior to the expiration of the validity thereof, 2 11111111III 11111111111 IIlI 1111111 IIIII III IIIII IIII IIII 3127508 11/16/2003 11:18A Weld County, CO 3 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder even if within the four-year waiting period set forth in Paragraph 3. 6. Development Standards. The Owner agrees that any residential development of the Property shall comply with the land use and development standards set forth in Exhibit B, attached hereto and incorporated herein by reference. The Owner further agrees that compliance with such standards is a material consideration of this Agreement and that the Town may at is sole option, and without otherwise limiting its legal rights, bring an action at law or equity, including an action for specific performance, to enforce compliance with such standards. In addition to the annexation provisions set forth above, Owner agrees that the Town may also require annexation of all or any portion of the Property at any time in the event the Property or a portion thereof is used for purposes other than a large-lot residential subdivision, or if the Property or a portion thereof, as developed, is not in compliance with the land use and development standards set forth in Exhibit B. 7. Ohligstinnc Fnfnrcrahlr. The parties agree that this Agreement, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and assigns to annex the Property to the Town under the terms hereof. 8. Annexation Documents. When requested by the Town, Owner shall provide at its expense a legal description, annexation petition, annexation maps, surveys, newspaper publications, and other reports and documents determined by Firestone to be necessary to accomplish the annexation of the Property to the Town. Firestone shall prepare the annexation impact report. s-^ 9. Plat Note. Owner shall include on any subdivision plat for the Property a note stating as follows: "The property platted herein is subject to that certain Agreement regarding annexation to the Town of Firestone which is recorded at Reception No. of the records of the Weld County Clerk and Recorder. Such Agreement provides that the property platted herein maybe annexed to the Town of Firestone and that the Property must comply with the land use and development standards stated therein." 10. 1 egiclative Dicrretinn. The Owner acknowledges that annexation of the Property is subject to the legislative discretion of the Board of Trustees of the Town of Firestone. Nothing in this Agreement is intended or shall be construed to require the Town to annex the Property or to initiate any annexation proceedings relating to the Property. 11. No Other Annexation. Under no circumstances shall the Property be annexed to another municipality without the prior written permission the Town Board of Trustees, which may be granted or denied in the sole and absolute discretion of the Town. 12. Subdivision Appmval. This Agreement shall be null and void in the event Owner does not obtain and Weld County does not record final subdivision and PUD approvals permitting the development of a large-lot residential subdivision on the Property. 3 111111111111 VIM 11111111111IIIIIIII111111111if 3127608 11118/2Dt13 11:18A Weld County, CO ^ 4 of 10 R.51.00 D 0.00 Steve Moreno Clerk& Recorder 13. Covenants to Run with land/Rinding Effect. This Agreement and all covenants herein touch and concern the real property described in Exhibit A and shall be covenants running with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the Town, and their respective heirs, transferees, successors, and assigns. This Agreement or, at the Town's discretion, a memorandum hereof, shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. 14. No Repeal of laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety,and welfare of the Town and its inhabitants. 15. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts,terms,portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term, portion,or provision held to be invalid. 16. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 17. Amendment. This Agreement may be amended only by mutual agreement of the Town and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. 18. Fntire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, or obligations other than those contained herein, and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 19. Owner. As used in this Agreement,the term "Owner"shall include any of the heirs, successors, transferees or assigns of Owner, which include, but are not specifically limited to, owners of individual lots within the proposed subdivision of the Property. All such parties shall have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if they were the original parties thereto. 4 1111111 IIIII IIII HEM MIN RI 111 IIIII 1111 1B 3127508 11/18/2003 11:18A Weld Coty, 6 of 10 R 61.00 D 0.00 Steve Moreno Clerk&Recorder 20. Amendments to 1 aw. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such Town ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 21. Notice. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Firestone P.O. Box 100 Firestone, CO 80520 With copy to: Light,Harrington&Dawes,P.C. 1512 Larimer Street, #550 Denver,CO 80202 Notice to Owner: Don and Linda Owens 8585 Weld County Road 22 Ft.Lupton,CO 80621 With copy to: Frascona,Joiner,Goodman& Greenstein,P.C. ATTN: Karen J.Radakovich 4750 Table Mesa Drive Boulder,CO 80305 22. Governing i aw. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County,Colorado. 23. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 5 • 11111»1«111110111111111111111111111111111► 3121608 6 of 10 R 61.00 D 4.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. otES.T..O4,4„ TOWN OF FI ST E SEAL By: Michael P. Simone, Mayor J HegwoCTown Cl4rk OWNER Don Owens Linda Owens ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF bie to" The above and foregoing signatures of Don Owens and Linda Owens were subscribed and sworn to before me this e1 7 day of QC/0.6e- ,2003. Witness my hand and official seal. My Commission Expires Jan.18,2006 My commission expires on: (SEAL) jO/.t (: . � _ rjtARY 6 - 1. \O ter r . 111111111111111111111111111111111111111 I I 11111111111111 3127508 11/18/2003 11:18A Weld County, CO 7 01 10 R 51.00 D 0.00 Steve Moreno Clerk d Recorder EXHIBIT A Legal Description Lot B of Recorded Exemption 1311-09-4-RE1921, Recorded October 3, 1996 in Book 1570 as Reception No. 2513889, being part of the SE 1/4 of Section 9, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 7 11111111111 IIII 1111111 fill 111111111111 III 11111 IIII IIII 3127508 11/18/2003 11:18A Weld County, CO 8 of 10 R 51.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT B Land Use and Development Standards The following land use and development standards shall apply to any residential development of the Gloraloma Estates described on Exhibit A: 1. Land use shall be single family residential and open space. 2. Maximum number of residential dwelling units shall not exceed 20. 3. Maximum building height shall be 38 feet. 4. Minimum floor area of each dwelling unit shall be not less than 3,000 square feet. 5. There shall only be one principal building per lot. 6. Minimum building setbacks for the principal building shall be 50-feet from all roadways. 7. Building elevations that are exposed to Road 19 or Road 22 shall have similar architectural detailing as the front of the building. 8. Fences types shall be uniform in style, design and materials throughout the development. 9. Only two major entry signs shall be constructed for the development; both shall be located on Road 19. 10. Quick couplers shall be installed within common areas to provide the opportunity to irrigate native grass areas within those common areas during dry periods to keep such grass well established. Supplemental drip irrigation shall be provided to trees and shrubs planted within common areas in order to maintain such landscaping that is installed to enhance the common areas. Watering under this standard shall be the responsibility of the Homeowner's Association. 1 I. Fronts of homes on straight streets shall be staggered to avoid a"row" look. 12. Walkout units shall be located so as to avoid the construction of three-story elevations and the resulting"wall effect"of the 3-story elevations. 13. Only one accessory building, not including a freestanding garage, is permitted per lot and shall be set back at least five feet from any property line. Accessory buildings are not permitted in the front yards or side yards that face a public street. Accessory buildings, 8 • . 1 IIIIII 11111 IIII IIIIII1 IIII 111111111111 III IIIII IIII III1 3127508 11/18/2003 11:18A Weld County, CO 9 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder which may not be use for dwelling purposes, shall be of a similar color as the primary building, may not exceed a height of eighteen feet and shall not exceed five hundred square feet of floor area. Construction materials shall be similar to the primary building, except that pre-manufactured metal accessory buildings are permitted. 14. No motor vehicle may be parked in the front yard or side yard of a residential lot except on a paved or graveled driveway which is intended for parking or access to a garage or carport. 15. Only one freestanding garage is permitted per lot or dwelling unit and shall be subject to the same front and side yard setback requirements as the main building. A freestanding garage shall be set back at least five feet from the rear property line. Freestanding garages shall be of a similar color and architectural style, and constructed of similar materials as the main building. 16. All dwellings shall be constructed on a permanent concrete foundation which foundation shall have the following minimum characteristics: • It shall be constructed to be below estimated frost depth. • The foundation shall be located directly below not less than ninety percent of the outside perimeter of the first floor building wall. • The foundation shall be at a minimum eight inches in thickness. 17. All dwelling roofs shall have the following minimum characteristics: • A minimum of three roof planes per building, to add articulation. • A pitch of not less than four inches in twelve inches. • Eighty percent of all eves shall protrude from the exterior wall (not including the width of any gutter) no less than twelve inches. This minimum overhang shall apply to all roofs, irrespective of pitch. 18. All residential dwellings shall be oriented on the lot such that a side with a length that is at least eighty percent the length of the longest side of the dwelling predominately faces the local street providing access to the lot, The length of any side does not include the length of any attached garage. In all cases the front door of the dwelling shall be located in the closest one-quarter portion of the dwelling that predominately faces the local street. For corner lots,this provision only applies to the local street providing direct driveway access. 9 11111111111111111141111111111111111111III111111II IR 3127608 1 of 10 R 61.00 D 0.00 Stew Moreno Clerk 8 Recorder 19. All dwellings developed shall have at least two car garages, and such garages shall be distributed in an even manner throughout the development. 20. There shall be a minimum of two trees of 1.5-inch caliper for each dwelling planted within the front yard of the dwelling. 21. Shrubs and ground cover plantings shall comprise no less than ten percent of the landscaped area of the front yard. 22. Eighty-five percent of the exterior color treatment for all residential dwellings and • accessory uses shall be muted (excluding glass treatment). 23. All sloped roofs shall be covered with a muted color roofing material. 24. Unless otherwise provided by resolution of the Town Board of Trustees, all homes shall have no less than 1,000 square feet and no more than 3,000 square feet of lawn and shrub area. 25. At the time of any annexation by the Town, the water taps for the area to be annexed shall be transferred to the Town, and the ownership or beneficial use of any water rights for such taps shall also be transferred to the Town. It is a condition of Town water service that there be dedicated to the Town water rights sufficient to satisfy the demands upon the Town water system. 'WI Po 1 24 PM(,JIFF.`9RMFeeaoneWonxsian&DvwAnex tiou Nod) I 111111 III IIIII 111111 hill J111111111 III Milli II 3193993 06/2912004 12.28P Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk 2t Recorder gj MEMORANDUM OF AGREEMENT FOR COMPATIBLE DEVELOPMENT Pursuant to the terms of that certain unrecorded Agreement for Compatible Development ("Agreement") dated the Z�tf day of June, 2004 between the undersigned and subject to the conditions set forth therein, EnCana Energy Resources Inc. ("EnCana") with an address for business of 950 17th Street, Suite 2600,Denver,Colorado 80202, and Don Owens and Linda Owens ("Owens"), with an address for business of 8585 Weld County Road 22, Fort Lupton, Colorado 80621, have agreed to compatible surface development uses for the surface estate described as Lot "B" of Recorded Exemption #1921, being a portion of the E/2SE/4 of Section 9, Township 2 North, Range 67 West, Weld County, Colorado, as recorded at Reception Number 2532509 of the records of Weld County, Colorado. Owens, who intends to develop a housing development on the surface estate and EnCana, as the owner of certain oil and gas leasehold and/or mineral rights, entered into the Agreement to provide for the co-existence and joint development of the surface estate and the oil and gas estate and to establish the process through which EnCana and Owens will develop the two estates. This Memorandum of Agreement for Compatible Development is executed by Owens and EnCana and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Agreement. A true and complete copy of the Agreement is available at the EnCana offices to persons with an interest in the above-described land. F In witness whereof, this instrument is executed effective the1day of June,2004. EnCana Energy Resources Inc By: Jam alcutt Attorney- -Fact Don Owens inda g.. -1- • 1111111111111111111111111111(111tin ��11111 Nt11111 3193993 06/2912004 12:28P Weld County, CO '2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS State of Colorado ) arf4►.)0 )§ County of Weld ) D5in.cwens and Linda Owens acknowledged the foregoing Agreement before me this f fr... dAy.p V. 2004. <1, ?+itn'en my hand and official seal.o M?2C(1p ii ggot}'Expires:UExLG/dlZOOs Notary ublic State of Colorado ) ) § ty and ty of Denver ) • tAi • c0 \ trigs-#;Walcutt acknowledged the foregoing Agreement before me thiss2/ day of `'t ? .tRtt as; ttmey-in-Fact for EnCana Energy Resources Inc. 5� . • 0 ' tWitf sk hand and official seal. "4y„cRlm` p & 1 �,2QfJS f�sioti Expires: f, di 1 i� Notary Public �f Please Return to: EnCana Oil&Gas(USA) Inc. 950 17th Street, Suite 2600 Denver, CO 80202 -2- J d ' 1111111111111NIIII /III 111111111111111III11111lIII III 2800050 10/13/2000 01:44P JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO MEMORANDUM OF SURFACE USE AGREEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) This Memorandum is made and entered into this 24th day of May, 2000, by and between Don Owens and Linda Owens, husband and wife, ("SURFACE OWNER") and North American Resources Company, 1700 Broadway, Suite 2000,Denver,Colorado 80290 ("NAACO"). As of the date described above, SURFACE OWNER and NARCO entered into a Surface Use Agreement (the "Agreement")providing for the use of the surface of the land described below by NARCO in connection with certain oil and gas operations and the compensation to Surface Owner for all damages(except as provided for in the "Agreement") to the surface of the land associated with the drilling,testing, completion, reworking, pumping, operation and maintenance of the wellsite to be located in: Township 2North,Range 67 West, 6th P M Section 9: NE/4SE/4 Weld County, Colorado This Memorandum of Surface Use Agreement is executed by SURFACE OWNER and NARCO and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Surface Use Agreement is available from NARCO to any person with an interest in the above described land. Don Owens Linda Owens NORTH AMERICAN RESOURCES COMPANY By: 161444agall Kevin J. Edwards, Denver District Manager 11111111111111111111111111111111I 111111111 ill IIII IIII 2900050 10/13/2000 01:44P JA Suki T:ukamoto 2 of 2 R 10.00 D 0.00 Weld County CO ACKNOWLEDGMENTS STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2. day ofd 000, by Don Owens and Linda Owens, husband and wife. ••,aouuWu„ TA/,,N. /NY. roc ':*' log ca `-'4-,..,_,,,,, \‘.\ \6 v (cpckUA-k—. O '•. „ • . •• ', Notary Public fq 0p•"X o,,,,i,,.,..,l,,,,. My commission expires: \2/ i4/2OOO STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this JO tyday of Old:: , 2000, by Kevin J. Edwards, Denver District Manager of North American Resources Company. �O'`0 .DO '��, . tart Pl! lIC �,�" My commission expires: /7- / I 2 1111111111111111111111111111 I I I I1111111 I I 111111 I I I I1111 2770100 05/24/2000 02:57P JA Suki Tiukamoto 1 of 2 R 10.00 D 0.00 Weld County CO MEMORANDUM OF SURFACE USE AGREEMENT �� STATE OF COLORADO ) ss. COUNTY OF WELD ) This Memorandum is made and entered into this 26th day of April, 2000,by and between Don Owens and Linda Owens, husband and wife, ("SURFACE OWNER")and North American Resources Company, 1700 Broadway, Suite 2000,Denver, Colorado 80290("NARCO"). As of the date described above, SURFACE OWNER and NARCO entered into a Surface Use Agreement(the"Agreement")providing for the use of the surface of the land described below by NARCO in connection with certain oil and gas operations and the compensation to Surface Owner for all damages(except as provided for in the "Agreement")to the surface of the land associated with the drilling,testing, completion, reworking, pumping, operation and maintenance of the wellsite to be located in: Township 2 North, Range 67 West,6th P M Section 9: NW/4SE/4 Weld County, Colorado This Memorandum of Surface Use Agreement is executed by SURFACE OWNER and NARCO and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Surface Use Agreement is available from NARCO to any person with an interest in the above described land. rTh Don Owens Li a Owens NORTH AMERICAN RESOURCES COMPANY By: dud; Kevin J. Edwards,Denver District Manager 111111111111111111111111111111111111111III11111IIII IIII 2770400 05/2412000 02b7P JA Suki Ttukamolo 2 of 2 R 10.00 0 0.00 Weld County CO ACKNOWLEDGMENTS STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thia7%ay of April, 2000,by Don Owens and Linda Owens, husband and wife. w r. Notary Public it ..y "•auuu , i••a,,,,,, ` My commission expires: l a-7/1`l/ STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) St The foregoing instrument was acknowledged before me this / day of a ,,,2000, by IGeVrth y wards, Denver District Manager of North American Resources Comp 4 My commission expires: /" l .deo( 2 3` HRH 111111111III NMI 111111111111 Bin Iill 2754631 03/0912000 04:15P JA Suld Taukamoto 1 of 2 R 10.00 D 0.00 Weld County CO MEMORANDUM OF SURFACE USE AGREEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) This Memorandum is made and entered into this 21st day of February,200,by and between Don Owens and Linda Owens,husband and wife, ("SURFACE OWNER")and North American Resources Company, 1700 Broadway, Suite 2000, Denver, Colorado 80290 ("NARCO"). As of the date described above, SURFACE OWNER and NARCO entered into a Surface Use Agreement(the "Agreement")providing for the use of the surface of the land described below by NARCO in connection with certain oil and gas operations and the compensation to Surface Owner for all damages(except as provided for in the"Agreement")to the surface of the land associated with the drilling,testing, completion, reworking,pumping, operation and maintenance of the wellsite to be located in: Township 2 North,Range 67 West, 6th P M. Section 9: SE/4SE/4 Weld County, Colorado This Memorandum of Surface Use Agreement is executed by SURFACE OWNER and NARCO and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Surface Use Agreement is available from NARCO to any person with an intere ' e above described land. ^) Don Owens Linda Owens NORTH AMERICAN RESOURCES� / COMPANY By: V'f.'lt��LW ellivi /l�G+ Kevin J. Edw s,Denver District Manager IIIIII 111111111111 Iii Iilli 11111 1111111 III III IIII Ill 2754631 03/09/2000 01:15P JA Ski Taukamoto 2 of 2 R 10.00 0 0.00 Weld County CO ACKNOWLEDGMENTS STATE OF COLORADO ) ss. COUNTY OF WELD ) vd> The foregoing instrument was acknowledged before me tbisiday of February, 2000, by Don Owens and Linda Owens,husband and wife. ---: t \L V i ticjit)-it--____, ti n • .A � ' ..4\' Notary Pub' { •,,ee••..•w,,,a y..•"' My commission expires: 1a/14(7OOO STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ()T 4.dayoLEebruvy, 200 , by tCe*J' Edwards, Denver District Manager of North American Resources Company. ".:>•,••• . •F c l' .. .• . 0 .• r 4 [S Te :..`4 lO��OO. ....b��Z fic� ,n/ / My commission expires: ii"/c2-- `()co 2 Hello