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HomeMy WebLinkAbout20033201.tiff APPLICATION FLOW SHEET COLORADO APPLICANT: Fran Garcia CASE#: PF-564 REQUEST: Final Plan /Garcia Planned Unit Development (PUD)with E (Estate) Zone Uses for Five Lots with 5.65+/-acres Common Open Space. LEGAL: Lot A of Recorded Exemption 2509 being a part of the Northeast Quarter of Section 6, Township 4 North, Range 68 West of the 6th Prime Meridian,Weld County, Colorado. LOCATION: South of and adjacent to State Highway 60 and west of and adjacent to WCR 3 PARCEL ID#: 1061 06 000 072 ACRES: 20.02 +/- Date By Application Received (COZ PLAT SUBMITTED W/FINAL) 8/21/02 RA Application Complete (HELD FOR COZ PLAT SIGS/RECORDING) 9/16/02 RA PC Hearing Date: Action: N/A Utility Board Date: Action: """"" 1714/02 PC Sign to be Posted By: PC Sign Posted - Referrals Listed File Assembled 9,23 oz Referrals Mailed .9.23. 02- Chaindexed 9.23, o-2- Letter to Applicant Mailed _9 .23• 02- Date Public Notice Published Surrounding Property/Mineral Owners Notified Planning Technician Maps Prepared Field Check by DPS Staff // // / Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board Action:Aglr 1 MYYwYN u /1,--110-1.- 'G BCC Sign to be Posted By: ••i BCC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts: Road Impact Fee Area: Yes , No_X Zoning AG/PRIME SW Weld Area #1 , +2_, #3 Airport Yes No_X_ Windsor Geo Hazard Yes No_X_ Flood Hazard Yes No_X Panel #0725C pL /95 2003-3201 • 't PUD FINAL PLAT WI`Pe. ADMINISTRATIVE REVIEW COLORADO CASE#: PF-564 DATE: 11/22/02 APPLICANT: Francisco Garcia PLANNER: R.Anderson 1959 Blanca Court Loveland, CO 80526 REQUEST: Final Plan / Garcia Planned Unit Development (PUD) with E (Estate) Zone uses for Five Lots with 5.65+/-acres Open Space. LEGAL: Lot A of Recorded Exemption 2509 being a part of the Northeast Quarter of Section 6, Township 4 North, Range 68 West of the 6' Prime Meridian, Weld County, Colorado. LOCATION: South of and adjacent to State Highway 60 and west of and adjacent to WCR 3 PARCEL#: 1061 06 000 072 ACRES: 29.02 +/- THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code. The approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are met. The proposed site is not influenced by an Inter-Governmental Agreement. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The applicant has met the twenty performance standards as delineated in Section 27-2-10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site does not lie within an Urban Growth Area, nor is the applicant proposing an Urban Scale Development. Weld County's Right To Farm has been attached to the Final Plat thus informing any new residents that the area of the surrounding community is agricultural in nature.The Department of Planning Services has determined that granting this PUD Final Plan will have a minimal impact on the surrounding land uses. PF-564, Garcia PUD, page 1 D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. Little Thompson Water District has indicated their ability and willingness to service this application. Sewage disposal will be served by Individual Sewage Disposal Systems (I.S.D.S.). Based on the Department of Health referral dated 11/14/02, the site is suitable for conventional septic systems. E. Section 27-7-40.C.5--That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. Development Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code. The Weld County Public Works Department and Department of Planning Services shall require an Improvements Agreement in accordance with Section 27-6-120.6.f of the Weld County Code for improvements to off and on-site improvements.A finalized Improvements Agreement for Private and Public Road Maintenance will be required prior to recording the final plat. F. Section 27-7-40.C.6— In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. H. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services'Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant has submitted an off-site Public Improvements Agreement. The applicant must verify the costs shown in Exhibit"A" as these costs are nominal for the paving work recommended. The applicant shall provide calculations, unit quantities, dimensions, and costs to support their agreement. The applicant shall document the percentage of trip generation as called out in the off-site improvements agreement. Site-specific trip generation will be in contrast to CR 3 existing background traffic. (Department of Public Works) B. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements PF-564,Garcia PUD, page 2 (Private & Public Road Maintenance) including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works) C. The Restrictive Covenants for the PUD shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder and evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) D. The Department of Public Works finds"the Final Drainage Study for Garcia P.U.D., dated June 2002, by Loonan and Associates, Inc. is generally acceptable. Weld County Code (Sec.24-7-130, Table 24.2)requires that residential drainage studies calculate the 5-year design storm frequency. The study used a 2-year design storm frequency in the report. Because the culverts will be adequate and there will be no detention, we will not require a resubmittal.The applicant shall remove the inlet for the culvert under the access entrance. Public Works finds operation and maintenance concerns with this improvement along side a gravel roadway. The applicant shall use flared end sections on the culverts. Also, the applicant should shorten the length of pipe and use an open cut ditch." (Department of Public Works) E. A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted.The drainage report states that all drainage is to runoff into the Lake Ditch. The applicant shall provide a letter from the ditch authority confirming that the storm drainage routing and the runoff are acceptable.The final drainage report shall document and review FEMA maps to determine if flood hazards exist. Easements shall be shown in accordance with County standards and / or Utility Board recommendations,also dimensioned on the final plat. Public Works will not allow buildings or structures to be constructed over any easement and a note stating this must be added to the drawings. The final plat shall show and label the Lake Ditch and the Home Supply Ditch. The Grading, Drainage and Erosion Control Plan shall also show and label these ditches. F. The applicant shall submit an digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). (Department of Planning Services) G. The Plat shall be amended to include the following: 1) The most recent version of Weld County's Right to Farm as listed in Section 22, Appendix 22-E of the Weld County Code. (Department of Planning Services) 2) The requirements of the Weld County Utility Board,as delineated in the minutes of the meeting dated 11/14/02. (Department of Planning Services) 3) The CR 3 existing 30-foot right-of-way(measured from centerline of the roadway) shall be verified by the applicant and the documents creating the right-of-way noted on the final plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. This 30-foot right-of-way shall be shown and dimensioned on the final plat. (Department of Public Works) 4) SH 60 is classified by the County as a state highway and requires a minimum 150- PF-564,Garda PUD, page 3 foot right-of-way. The applicant shall coordinate with CDOT, the requirements for right-of-way on SH 60, and provide a letter of confirmation to Public Works. The applicant, on the final plat, shall show and dedicate the right-of-way, measured from the section line. (Department of Public Works) 5) A note shall be placed on the final plat stating that Weld County does not maintain unpaved internal development roadways. Roadway and grading plans along with construction details will be required to conform to the final plat. (Department of Public Works) H. Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the Colorado Division of Wildlife have been addressed. (Department of Planning Services) Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the Weld County Sheriff's office have been addressed. (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development allows for Estate uses(5 lots)which shall comply with the PUD-Estate Zone District requirements as set forth in Section 23-3-400 of the Weld County Code. The common open space shall be owned and maintained by the homeowners association, in accordance with Section 23-3-500 and 27-2-60 of the Weld County Code. (Department of Planning Services) B. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) C. Water Service shall be obtained from the Little Thompson Water District. (Department of Public Health and Environment) D. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal(I.S.D.S.)Regulations. Each septic system shall be designed for site-specific conditions, including, but not limited to maximum seasonal high groundwater, poor soils and shallow bedrock. (Department of Public Health and Environment) E. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) F. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) G. In accordance with the Regulations of the Colorado Air Quality control Commission any development that disturbs more than five (5) or more acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and PF-564,Garcia PUD, page 4 Environment) H. If land development creates more that a 25-acre contiguous disturbance,or exceeds six(6) months in duration,the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) Any signs, including entrance signs, located on the property shall require building permits and shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services and Building Inspection) J. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. (Department of Planning Services, Department of Public Works) K. Appropriate building permits shall be obtained prior to any construction or excavation. (Department of Building Inspection) L. All structures shall conform to the Section 29-2-20 of the Weld County Code, Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II (1998 International Mechanical Code),Section 29-2-40 of the Weld County Code,Article II(1999 Electrical Code),29-2-50 of the Weld County Code,Article II (1997 International Plumbing Code)and Section 29-2-10 of the Weld County Code,Article II, Chapter 29(current Weld County Building Ordinance). (Department of Building Inspection) M. Each building will require an engineered foundation based on a site-specific geo-technical report or an "open-hole" inspection conducted by a Colorado Registered Professional Engineer. Engineered foundations shall be designed by a Professional Engineer registered in the State of Colorado. (Department of Building Inspection) N. At the time an application is accepted for a building permit a plan review will be required for each building. Two complete sets of plans are required when applying for the permit. A complete review of the building or structure may reveal other building issues or areas requiring attention. (Department of Building Inspection) O. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0725C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Section 23-5, Division 3 of the Weld County Code. (Department of Planning Services) P. Building height shall be limited to the maximum height allowed by UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) Q. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk requirements from Chapter 27 of the Weld County Code.Building height shall be measured in accordance with Chapter 23 of the Weld County Code to determine compliance with offset and setback requirements. Offset and setbacks are measured from the farthest projection from the building. An ILC PF-564, Garcia PUD, page 5 (Improvement Lot Certificate)will be required for each building showing the building height as measured according to Chapter 23 of the Weld County Code as well as offset and setback distances to property lines. The ILC bearing the stamp of a Colorado registered engineer or the certification of a Colorado registered surveyor, will be required prior to frame inspection. (Department of Building Inspection) R. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department,Weld County Department of Public Health & Environment, and the Weld County Department of Planning Services. (Department of Planning Services) S. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan- If a Final Plan plat has not been recorded within one(1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may,after a public hearing, revoke the PUD Final Plan; T. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1)year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan,the Board may,after a public hearing,revoke the PUD Final Plan and order the recorded PUD Plan vacated. U. Section 27-8-80.A of the Weld County Code-Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen(15)days of the issuance of such notice,setting forth the item,date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. V. Section 27-8-80.6 of the Weld County Code -Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. W. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) X. Prior to the release of any building permit, evidence of Thompson (R2-J) School District cash-in-lieu payment shall be presented to the Building Department. (Department of Planning Services) PF-564 , Garcia PUD, page 6 3. Upon completion of Items 1 and 2 above,the applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Prior to the release of any building permits: A. The applicant shall supply a designated street sign and stop sign at the appropriate location. (Department of Public Works) B. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Berthoud Fire District have been met. (Department of Planning Services) C. Prior to the release of any building permit, evidence of Thompson (R2-J) School District cash-in-lieu payment shall be presented to the Building Department. (Department of Planning Services) PF-564 , Garcia PUD, page 7 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley,17th CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 11 I COLORADO September 23, 2002 Fran Garcia c/o Donald Leffler Design Development Consultants 2627 Redwing Road Suite 350 Ft. Collins, CO 80526 Subject: PF-564 - Request for a Final Plan/Garcia Planned Unit Development (PUD) with E (Estate) Zone Uses for Five Lots with 5.65 +/- acres Common Open Space on a parcel of land described as Lot A of RE-2509; being part of the NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described are being processed at the present time. Our department will be processing the Final Plan in accordance with Chapter 27, Article III of the Weld County Code. You will be notified by this office at the end of the review period regarding the Final Plan. If you have any questions concerning this matter, please feel free to call or visit. Sincerely, Robert Anderson Planner PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number_Z-564 Application Fee: _$535.00 Zoning District Receipt Number Date Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I(we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See Attached Exhibit. (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER:__10610600072 (12 digit number found on Tax I.D.or obtained in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION Garcia PUD EXISTING ZONING A CHANGE OF ZONE CASE NUMBER TOTAL AREA(ACRES) 29.02 TOTAL AREA(acres) OF COMMON OPENSPACE_4.38 acres_ NO. OF PROPOSED LOTS_5 LOT SIZE: AVERAGE_5.8 MINIMUM 2.6 UTILITIES: WATER: NAME Little Thompson Water District SEWER: NAME septic GAS: NAME Public Service PHONE: NAME Qwest ELECTRIC: NAME Poudre Valley REA DISTRICTS: SCHOOL: NAME Thompson R2J School District FIRE: NAME Berthoud Fire District ENGINEERS NAME Loonan&Associates, INC. PHONE_970-493-2808 ADDRESS 1630 S. College Ave., Fort Collins, Co. 80526 PHONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: Fran Garcia HOME TELEPHONE: 970-461-2977_ ADDRESS: 1959 Blanca Court, Loveland, CO. 80538_ BUS. TELEPHONE: 970-566-4958_ NAME: HOME TELEPHONE: ADDRESS: BUS. TELEPHONE: APPLICANT OR AUTHORIZED AGENT(if different than above): NAME: _Design Development Consultants, Donald D. Leffler HOME TELEPHONE: ADDRESS: _2627 Redwing Rd. Suite 350, Ft Collins, Co. 80526 BUS. TELEPHONE: 970-266-0585_ OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: NAME: Jim Warner, Mag Pie Operations, Oil&Gas Leasee ADDRESS: 2707 South County Rd. #11, Loveland, CO. 80537 Signature: Owner or Authorized Agent 4. Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY July 21, 2002 To: Robert Anderson, Planner Weld County Planning Services 1555 N. 17`s Avenue Greeley,Colorado 8063 RE: Application requirements for PUD Final Plan and Change of Zone#564. Dear Robert Anderson, Enclosed you will find the responses to resolution comments and concerns. If you are in need of further information please feel free to contact our office at your earliest convenience. Sincerely, ign De o DI Consultants Donal . Le er 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY Application Requirements for PUD Final Plan. 1. Final Plan Application forms are submitted within with the respective filing fee. 2. Enclosed is a copy of the Change of Zone plat,which delineates the proposed uses. 3. Enclosed is a copy of the title and warranty deed that identifies the property owners included in the PUD final Plan. The respective owner's names shall be implemented on the Change of Zone Plat. 4. The certificate of tile is included within and the public dedications and easements have been noted on the Change of Zone Plat and the PUD Final Plat. 5. The PUD Final Plat shall dedicate the appropriate public road right of way. No other public lands are to dedicated. 6. The property owner shall present to Weld county certificate form Weld County Treasurer showing no delinquent taxes. 7. Enclosed are the engineering documents for responsible design of utilities. 8. Enclosed is the draft of the covenants and governing regulations for the PUD. 9. Enclosed is the draft for improvement agreement. The owner proposes to use one lot for collateral for improvements and shall comply with Sections 24-9-10 and 24-9-20. 10. Enclosed are the appropriate engineering documents for property access and functional classification, width and capacity to meet traffic requirements of the uses for the proposed zone district. 11. An off-site improvement agreement is enclosed within for review and the owner shall dedicate the respective lot for collateral for improvements. 12. The PUD construction schedule shall coincide with the respective utilities, roads and over-lot grading to start upon approval of the improvement agreement and scheduled to be finished within one year. 13. Enclosed is the respective improvements agreement and the owner will utilize one lot to facilitate the required collateral for said improvements. 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY 14. Enclosed within is the list of names and addresses of owners of property within five hundred feet of the PUD. The list is dated with current names and addresses. 15. Enclosed is the list of mineral owners and lease's of mineral owners on or under the parcel of land being considered. 16. The applicant formally request approval of the Final Change of Zone and Final PUD plat and is in compliance with the Development Guide of Weld County and has been followed and adhered to. 17. A Final Plan plat map has been enclosed for your review. 18. A Landscape Plan has been enclosed for your review. 19. A Utility Plan has been enclosed for your review. 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY November 6,2002 To: Robert Anderson,Planner Weld County Planning Services 1555 N. 17th Avenue Greeley, Colorado 8063 RE:Response to comments on conditions of Approval for PF-564 Garcia PUD (Final Plat). The below items have been addressed and incorporated into the design of the final plat and related engineering documents. We submit the following: 1. Tides have been changed to address the drawings as"Final Plat". 2. The final drainage study has been revised to address the concerns of public works. 3. The inlet has been removed and the revisions to the storm pipe have been made. 4. A final drainage report, stamped by the engineer is included in the submittal. 5. The applicant is currently working with the Handy Ditch Co.to verify drainage into the existing canal. Responses should be available at the time of hearing. 6. Final drainage report includes an exhibit for the FIRM,flood plan concerns. This site is not located in any designated flood plans. 7. Fa cements and reception numbers have been incorporated onto the final plat. 8. Labeling of the ditches, easements and rights of way have been put on the final plat. 9. CR 3 is show as dedicated to Weld County per reception number. 10. CDOT has been corresponded and the result of an additional 25 feet of Right of Way reservation has been placed on the plat. 11. Off site improvement agreement has added the calculation sheet as an exhibit to justify funds. 12. A note has been added,to the Final Plat,for maintenance responsibilities for the internal road are the responsibility of the HOA. 13. The applicant has adjusted the improvement agreements and awaits the BOCC approval. 14. All plans have been adjusted to the Final Plat configuration. 15. Issues pertaining to the Division of Wildlife have been addressed. See attached letter. If there are any further adjustments we request that the Weld County Planner be allowed to verify corrections in the effort to approve filing of the final plat. Sincerely, esign elopment Consultants Do . Leffler 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970) 266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY November 6,2002 Traffic counts percentage calculations. The below calculations are based on the conditions of approval as agreed upon with the Weld County Public Works Department during the public hearings for approval of the Garcia PUD. The owner/developer shall be responsible for the road improvements on Weld County Road#3 based on the following terms. 1. The developer is only responsible for the one-half of the width of the road section in relationship of the property line adjacent to the county road and in improvements from the entrance of the subdivision to the northern point of the respective property line. 2. The developer is only responsible for the percentage of total increase of the trips generated by the PUD and in direct correlation to the road frontage from the entrance of the project to the north end of the property line adjacent to WCR#3. The percentage is based upon the table attached that indicates the traffic volume at the time of this application to be 182 vehicle trips per day. The increase is 50 trips per day. The percentage is calculated as 50 tips/(182 existing trips plus the 50 new trips). 50/232=0.2255 or 22%of the respective improvements Bases for calculations for paved improvements we used$350,000.00 per mile. One half the width is equal to$175,000.00 per mile. The total distance for the improvement is based on a 20'radius return to the southern most portion of the entrance to the subdivision. This relates to a distance of 590 feet of road frontage. To obtain the total cost of the improvement we calculate the following: (590feet/5280 feet per mile)x($175,000.00)x 22%=$4,302.08 for the pavement improvement fee for WCR#3. 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY October 24,2002 Suzanne Turner-Kloster Wildlife Manager Colorado Division of Wildlife 4207 W. County Road 16E Loveland, Colorado 80537 RE: Response to your Letter dated October 18th,2002 Subject: Final Plat,Garcia PUD, Case#PF-564,Part of the NEl/4, Sec. 6, T4N,R68 W,of 6th P.M. Dear Mrs. Suzanne Turner-Kloster Thank you for reviewing the above-mentioned PUD,and on behalf of our client Fran Garcia,we wish to address your concerns as stated within your October 18th letter to Robert Anderson. Please understand that we are in a concern with time as is everyone and wish to have your response to prior to staff's submittal package on November 4th of next month. In response to your letter we are incorporating the following onto the Final Plat notes. The builder and the proposed development will not disturb any areas related to the existing irrigation canals. All of the existing features within the proximity of the irrigation canals; existing wetland- associated species of vegetation in the irrigation canal areas will not be disturbed. The existing cottonwood and willow communities in association with the irrigation canals associated with this development plan shall remain in tact and not disturbed for benefit of the existing wildlife refuge. Notes will be added to the plat that address the surrounding areas are conducive to hunting,wildlife activity such as coyote,fox,raccoon, skunk, deer, songbirds,and raptors and that home owners are to be aware of the existence of native predators. Pets should not be allowed to roam freely. Notes will be added to the plat that indicates the responsibility of property owners to secure pet and animal feeds,trash containers, and charcoal/gas grills. That all animals kept on the property shall have current shots and records of proof of shots. A note will be added to inform property owners that all control of nuisance wildlife will be the homeowner's responsibility with the exception of bears and mountain lions. We feel that the proposed development will preserve the specific areas as addressed within your previous comments and that with the inclusion of the notes as stated above that the preservation and concerns of the Colorado Wildlife Division have been met. Please feel free to contact our office if you have questions or additional comments. Please respond to Mr.Robert Anderson at Weld County Planning as we are pursing the filing of the final plat upon your final comments. Thank you in advance for your help in this matter. Sincerely, esi elopment Consultants Do d 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY October 24,2002 Tess Jones,Region Access Manager Department of Transportation Region 4, Traffic 1420 god Street Greeley, Colorado 80631 RE: Garcia PUD,filed in Weld County, Case PF-564,Final Plat right of way dedication for Highway 60. Dear Tess Jones, On behalf of our client,Fran Garcia,and in pursuit to file the Final plat for the Garcia PUD,in Weld County located south of State Highway 60 and west of Weld County Road#3. We are showing the dedication from centerline of State Highway 60,a total of 75 feet of dedicated right of way for state highway 60. We are requesting from you a letter or communication to the Public Works Department of Weld County,engineering department, Peter Shei that this meets the required right of way dedication as needed by CDOT. If you require additional right of way please advise us so we may make the proper adjustments on our final plat. Your assistance in expediting this request is deeply appreciated as we have review packets that the county needs to send out by November 4'h,next week. Thank you for your help in this matter. If you have questions or additional comments please feel free to contact our office. Sincerely. Design Development Consultants Donald D.Leffler 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY October 24, 2002 Tess Jones,Region Access Manager Department of Transportation tt a 142 Region 4,Traffic 1420 2°d Street Greeley, Colorado 80631 RE: Garcia PUD,filed in Weld County, Case PF-564,Final Plat right of way dedication for Highway 60. Dear Tess Jones, On behalf of our client,Fran Garcia,and in pursuit to file the Final plat for the Garcia PUD,in Weld County located south of State Highway 60 and west of Weld County Road#3. We are showing the dedication from centerline of State Highway 60,a total of 75 feet of dedicated right of way for state highway 60. We are requesting from you a letter or communication to the Public Works Department of Weld County,engineering department,Peter Shei that this meets the required right of way dedication as needed by CDOT. If you require additional right of way please advise us so we may make the proper adjustments on our final plat. Your assistance in expediting this request is deeply appreciated as we have review packets that the county needs to send out by November 4th, next week. Thank you for your help in this matter. If you have questions or additional comments please feel free to contact our office. Sincerely. C Design Development Consultants VUF tiro cu-rrl�✓l-KnS�C-t VLor r0✓ - - I60r Pmt-frk—r dicL h `� ai+c-r1iY\R_ W2 arc withinci Do d . er -t- —15 ' 0� restcua-toV1 a a c�p ar ole �o i oyl l bud- LOC L.1-1 It t i o 5+ -if- no pe-t'rnarg,v`4 c-t-tArt-5 be- bv-t W U3 l h 100 i of +kV-- cEna-+' L' ✓uz . at; Act's' 1t�1 /o• 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970) 266-0585 Fax(970)282-7123 Country Living // Bianca Ct. $498,700 r Y Tr: ■■.: �r You'll love this superbly appointed 2-story with full basement. A perfect floor plan! There are vaulted ceilings in the living room. It has a large gourmet kitchen with granite counter tops,double oven,microwave oven,and smooth cook-top range. There is a formal dining room plus a large breakfast nook. The kitchen and family room with fireplace form a spacious open area for entertaining large gatherings. The large master bedroom suite has his and hers walk-in closets,built-in book shelves,and a luxurious 5-piece master bath with jetted tub. This house sits on a large 3.4 acre lot. * 4 Bedrooms * Full Basement * 3 Baths * Large Kitchen with Jenn-Air * 3 Car Garage Cooktop,Granite Counters, * New Construction Double Oven,and Hardwood Floors * Formal Dining Room * Loft Area Overlooking Living Room * Central Air Conditioning * 3340 Square Feet Call Carolyn LaMaster 612-1211 to see this home !! Carolyn LaMaster BrolerAssoclate ; Prudential Office: 970-667-2510 # Direct: 970-612-1211 Warnock Realty Co. Mobile: 970-6901596 Fax: 970-667-2604 C e-maih c j_lamaster@yahoo.com AGREEMENT This Agreement (the Agreement), is between the CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY (Ditch Company) and FRANCISCO GARCIA, JR. and FRANCISCO GARCIA, SR (Landowner), and is upon the following terms: 1. Landowner is the owner of all of the property known as the Garcia P.U.D., a copy of which is attached hereto as Exhibit A(the"Subdivision"). 2. Landowner desires to obtain approval of the Ditch Company for certain matters required by the Weld County, Colorado,Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's interests will be benefited by the granting of its approval through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement among the parties. Landowner shall pay a permit fee to the Ditch Company of$1,500.00 which shall be in addition to all other fees or charges required to be paid by the Landowner to the Ditch Company under the terms of this Agreement. Landowner shall also reimburse the Ditch Company for all of its engineering and legal expenses incurred in the review, negotiation and completion of this Agreement. 3. Landowner does not own assessable shares of the Ditch Company and the Subdivision has not been irrigated for agricultural purposes. 4. The Ditch Company has a right-of-way for its two ditches and appurtenant facilities shown on the plat attached hereto. Landowner recognizes and confirms said ownership of the Ditch Company. Landowner agrees to execute an easement in the form of Exhibit B attached hereto to have the Landowner confirm and convey the property rights of the Ditch Company. The easement shall be recorded at the expense of the Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company an exclusive easement for the Ditch Company's two irrigation ditches and appurtenant facilities as generally depicted on the drawing of the Ditch Company's system together with rights of ingress and egress for Ditch Company purposes over and across the Subdivision. 5. Landowner represents and warrants that Landowner is,on the date of execution of this Agreement,the sole owner of the Subdivision. Landowner may have lien(s)against the Subdivision, and Landowner will obtain the written consent and acceptance of all lienholders by signature on this Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lienholders shall cause Landowner to be in default under this Agreement. 6. Landowner will maintain the existing irrigation patterns on the Subdivision,and shall maintain the quality of water entering the ditch from irrigation, and from runoff from precipitation and otherwise. There shall be no change made in the rate, amount, point or type of drainage into the ditch, except as provided in a Final Drainage Plan that has been accepted by Weld County and by the Ditch Company as provided in this Agreement. Landowner agrees to submit to the Ditch Company for review a Preliminary and a Final Drainage Plan that shall have been accepted by the Weld County government. Any changes to the Preliminary Drainage Plan and to the facilities shown or required by Page 1 by the County and the Ditch Company shall be incorporated into the Final Drainage Plan and such facilities shall be constructed solely at the expense of the Landowner. Maintenance of all drainage facilities shall be accomplished by Landowner or Weld County or both. Any facilities that are not installed or maintained as provided in the Final Drainage Plan shall cause a default under this Agreement. No facilities that are not described in the Final Drainage Plan and accepted by the Ditch Company shall be installed. No changes to the Final Drainage Plan shall be made after the Ditch Company and the County have accepted the Final Drainage Plan. Landowner agrees that there may have existed for many years underground drain lines and ditches carrying water across the properties. Landowner agrees that an easement exists for the underground drain lines and ditches and Landowner agrees to regularly maintain and repair the lines and ditches on an"as needed"basis prior to the irrigation season. In the event there is proposed or formed a drainage district under federal, state or local law or requirement,Landowner agrees to include all of the property with the boundaries of such district. Landowner and any homeowners association will not cause, permit or suffer any hazardous material,pollutant or other foreign material to be deposited or discharged into the Ditch Company's ditch or the water carried in the ditch. The Landowner will immediately notify the appropriate governmental agencies and the Ditch Company of any potential or actual such deposit or discharge by any person. 7. Landowner, and Landowner's successors and assigns, hereby specifically waive all known or unknown claims,damages,rights of indemnity,rights of contribution or other rights of any kind or nature for claims, damages, actions,judgments or executions that have arisen or may arise out of the maintenance,operation or use of the Ditch Company's ditch and easement,including,but not limited to:flooding due to overflow or breach of the Ditch Company's ditch;washing or erosion of the ditch bank; cleaning of the ditch and easement by burning or chemical means;and excavation of the ditch and storage of residue. Landowner, and Landowner's successors and assigns, hereby agree to indemnify the Ditch Company,its directors,officers and stockholders against any loss from any claims, demands or actions that may hereafter be brought against any of them as a consequence of this Agreement or concerning any of the provisions of this Agreement. 8. In any action brought by the Ditch Company to enforce the provisions hereof,whether legal or equitable,and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or otherwise,the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. Venue for all actions shall be in the Weld County District Court. 9. The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 10. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner, the Ditch Company and the homeowners association,and each of them. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the properties and every interest therein. In addition,the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Agreement affects the property and Page 2 title of the Subdivision,and this Agreement shall be recorded at the expense of Landowner,and after recording,the terms,conditions and covenants of this Agreement shall become a covenant running with the land of the Subdivision. This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be enforceable by the Ditch Company or any of its shareholders, or both the Ditch Company and any of its shareholders. 11. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Agreement,the singular shall include the plural,the plural the singular,and the use of any gender shall include all genders. This Agreement shall be construed under the law of the State of Colorado. Time is of the essence of this Agreement. 12. The following notes shall be inserted by the Landowner into the permanent covenants affecting the title to the Subdivision or onto the Subdivision plat: A. The Ditch Company has the authority to cut and remove trees within its right of way and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company will, at an appropriate time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the ditch right of way. The Ditch Company also has the authority to install and maintain a road along each ditch bank for its purposes. B. The property owners may not place any fence within the ditch right of way, and particularly across the right of way; and the property owners shall not to install any gates or fences near the ditch company right of way without the prior written approval of the Ditch Company. Any fences approved by the Ditch Company along the ditch easement must be stock-proof to prevent damage by humans and livestock and other sources to the ditch. There will not be permitted any livestock watering in the ditch. A chain link type fence should be constructed along the boundary of the Ditch Company's easement if a fence is to be constructed. Cattle guards instead of gates should be utilized instead of gates. C. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this development and that there are periods of time when,due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this problem,the utility of certain portions of the property for construction of structures could potentially be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface and subsurface water issue. D. The property owners shall maintain the irrigation and drainage patterns existing on the date of recording of the plat so that the quality of water entering the ditch from irrigation and from precipitation and other sources be maintained,and so that there is no change in rate,amount,point or type of drainage into the ditches that will occur. The property owners shall monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system. E. The property owners acknowledge that: 1)No livestock watering,swimming,tubing, canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub Page 3 prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3)No pumps for lawn or other irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. F. No crossings of the ditch are permitted without the prior written consent of the Ditch Company and compliance with the rules, regulations and requirements of the Ditch Company. 13. 13.1. Landowner at its sole expense shall be allowed to place one storm drainage outfall pipe into the existing irrigation canal known as the"Lake Ditch." Landowner shall construct at its sole expense, the structures in accordance with the engineering plan prepared by Loonan And Associates,Inc. dated lark uwr.y 9 , 2002, and is hereby incorporated herein as though set forth in full verbatim. Landowner shall have any affected ditch ready to carry water by March 15,2003;and Landowner may do work on the ditch after March 15, 2003, only with the specific consent of the Ditch Company's Superintendent. In any event,the ditch shall be available to carry water on the date designated by the Ditch Company Superintendent. Landowner shall,during the installation of such facilities and during all other construction,be responsible for any and all costs incurred in connection with said project and shall further hold the Ditch Company harmless from any liability of whatsoever nature whether by way of tort, contract or statutory lien rights as a result of any act or failure to act caused by or through the direction of Landowner, its agents or employees. Landowner's engineer shall certify that the design,the quality of materials used and construction practices shall be at least equivalent to the corresponding requirement established by the Weld County government and/or the United States Department of Agriculture. Any and all damage, injury or loss suffered by the Ditch Company as a result of any faulty engineering, materials or construction in the structure and appurtenant facilities and any necessary costs for repair or replacement of such reconstructed facilities shall be at the sole expense of Landowner following the date of completion of said construction and acceptance in writing by the Ditch Company. All other charges by the Ditch Company made under this Agreement shall be in addition to the fee acknowledged above in this paragraph. 13.2. The Ditch Company shall have the right (but not the duty) at all times during the construction to inspect the facilities and shall give its approval before any pipe or other underground facility is covered and the structures are completed. The Ditch Company must give its prior approval of the placement of said structures and of all the appurtenances thereto. 13.3. Landowner agrees to provide the Ditch Company any additional easement for the purposes of maintenance,operation and use of the irrigation ditch,reservoir or other Ditch Company facilities across or on Landowner's property,which easement shall be in addition to the easements as shown on the Subdivision plat. Landowner shall make, execute and deliver to Ditch Company a perpetual easement over and across such lands for the ditch easements on the form attached hereto as Exhibit"B". Said easements shall be recorded at Landowner's expense,and Landowner shall furnish Ditch Company proof of title by standard title commitment. 13.4. Landowner shall promptly pay all reasonable costs,expenses,attorney fees or other sums incurred by the Ditch Company as a result of this construction project and for any inspection of Page 4 the completed facilities, as well as for any conduct of such Landowner, its agents, contractors, engineers, and employees subsequent to the date of this Agreement. 13.5. Landowner agrees to undertake and perform all maintenance of the facilities on,over, or under the Ditch Company's ditch. All repair and maintenance shall be done by the Landowner in accordance with the policies and practices of the Ditch Company; and the Landowner shall abide by the directions of the Superintendent of the Ditch Company in this regard. Landowner may not landscape its property within the Ditch Company's right of way. 13.6. Landowner agrees that it will be responsible for all damage, injury or other costs incurred by any person or entity,including the Ditch Company,proximately caused by the facilities constructed pursuant to the terms of this Agreement, and the ditch and/or reservoir or water carried in the ditch and/or reservoir through the above described area. Owners and Association acknowledge that the ditch carries seepage, runoff and other water from areas outside of the property owned by Landowner. Landowner shall obtain from any appropriate governmental authority all necessary permits regarding drainage and other waters that may enter the ditch. 13.7. The maintenance obligations of the Landowner set forth above shall be guaranteed by the Landowner as follows: In the event the Landowner fails to properly maintain the Storm Water Outfall and appurtenant facilities over the Ditch Company's ditch and right-of-way as set forth above,the Ditch Company shall have the right to so notify the Landowner in writing. Said notice shall be given by first class mailed at the last known address of the Landowner. Said notice shall be deemed received three days after deposit in the U.S.Mails. In the event proper maintenance has not been commenced within thirty days after receipt, or,once commenced,is not diligently pursued until completion,the Ditch Company may undertake to do the necessary maintenance. The actual costs incurred by the Ditch Company for such maintenance shall become liens against the Subdivision property by recording notice thereof with the Larimer County Clerk and Recorder. Said liens may be foreclosed in the manner provided for foreclosure of judgment liens under the laws of the State of Colorado. Ditch Company shall be entitled to recover its actual costs and attorneys'fees incurred in filing and foreclosing on any such liens. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 6th day of January, 2003. THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY,a Colorado mutual irrigation company By:i President— emfeth M. Markham Secretary—Delbert Hel e Page 5 STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me this 6th day of January, 2003, by Kenneth M. Markham,as President, and Delbert Helzer, as Secretary of The Consolidated Home Supply Ditch and Reservoir Company, a Colorado mutual irrigation compa , .n Witness my hand and official seal. otary Public My commission expires: Wts: \pSp.R y^\r 453 94"OF CO - 6 FRANCISCO GARCIA, JR. Landowner FRANCISCO GARCIA, SR. Landowner a'ae --�e� 4 S 1-Z STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me this 9th day of January, 2003, by Francisco Garcia, Jr., and Francisco Garcia, Sr., as Landowner. Witness my hand and official seal. _ a Asa Notary Public My commission expires: la p-1163 /D3 41 0,2 C10;14 EXHIBIT"A" COPY OF SUBDIVISION PLAT (insert) 1 EXHIBIT"B" EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into as of the 6th day of January, 2003,by and between FRANCISCO GARCIA,JR. and FRANCISCO GARCIA, SR., hereinafter called "Grantor" (whether grammatically singular or plural), and The Consolidated Home Supply Ditch and Reservoir Company, 1650 West 8th Street,Loveland, Colorado 80537, hereinafter called the"Company." For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Grantor hereby grants, sells, conveys and transfers to the Company,its successors and assigns,the sole, exclusive and permanent right to enter,re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase size or capacity, operate, repair, maintain, replace, remove and operate one or more open irrigation ditches and/or pipelines and/or reservoirs for the storage, transmission, distribution and service of irrigation water, and all above ground and underground and service appurtenances thereto,including metering stations,vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over, across, under and upon the following described land, situate in the County of Larimer, State of Colorado, to-wit: The Company's"River Ditch"at the southerly boundary of the Garcia P.U.D.; and the Company's "Lake Ditch" at the northerly boundary of the Garcia P.U.D. The easement and right of way for both of the ditches shall be 100 feet wide, being 50 feet on each side of the center line, or 25 feet from the toe of the ditch on each side, whichever is greater. Grantor further grants to the Company: (a) The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Company may find reasonably necessary; (b) The right to support the ditches and pipelines across ravines and water courses with such structures as Company shall deem necessary; (c) The right of ingress to and egress from the easement over and across all of the land of Grantor by means of roads and lanes thereon,if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; (d) The right of grading for, constructing,maintaining and using such roads on and across the lands as the Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (e) The right to install,maintain and use gates and/or cattle guards in all fences which now cross or shall hereafter cross the easement; (f) The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement; (g) MI other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. 1 GRANTOR HEREBY COVENANTS AND AGREES: (a) That Grantor shall not erect or place any permanent building, structure,improvement, fence or tree on the described easement, and the Company shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. (b) Grantor shall not diminish the ground cover in the easement or over any water lines and shall not substantially add to the ground cover in the easement or over the water lines or their appurtenances. (c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the Company. (d) Grantor warrants that Grantor is the owner in fee of the above-described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever character, except the following: IT IS MUTUALLY AGREED BY THE PARTIES: (a) Grantor reserves all oil, gas and other minerals in, on and under the above-described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Company. (b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this 6s'day of January, 2003. GRANTOR FRANCIL7 GARCIA(, JR. RANCISCO GARCIA, SR. STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing was acknowledged before me this 9t' day of January, 2003, by Francisco Garcia, Jr., and Francisco Garcia, Sr., as Grantor. Witness my hand and official seal. Notary Public My commission expires: lc.)-/ R-/O3 ' NOTAW 2 WAS a tr *P.••PMW0,•m1i9..•m...Np.N•0..PJ N.M,eLe3 Vr•YWpM.q Drumm 4W+IN ff/.'.mOM Mu mILiN.aOY WItl,11(Yr Yao(.,, II MO.wavurrh .....,.. fopn., R1/i..-.1.Wa i.DWZW.31uy i.n'mrn,MlMrl woo salWIWI=VII MOM°VIM=LLCM ►£SITS•P•of.L�y.1A.�.( t00[wi+� .wnrmrrmrlm 01.31111.'C.Otl OMMGm1{iR 1••4691f�•N►I6 ....!b,vol 7111.66610 PW1p,MP.y ..4,....=0„..* tw,looy 8 tIVIICISIWO1NAYiO'anna�.1I59 'Qcr'IlQ • • mill Ir.►» n d>!3aOH!� 7sId I•o!d —J, I ! I A II _ I j 4 112 U1 ,! I 11 ! I illy, !i IA " S. —__-_ -- --~--�--- -~ maw y = 7:- 1.— Y — 1 s i 'I` •! P• ., /.. __ ►! 1 III* // -r r 1 ,1 Si Y N . \ ____L =.F-- / N. "! i1I '' i i 11 �` `\ � �-i Sri,.' i .A\\ l% ---- ` _ '0 -II I ii I i , ill y ic' ` t 7r �'`- 1\ H 5 ` ` t! 1•, ' 1 -} /r.�4 4v- \\//ff#'73' 1 .1% 1\ \ !�I 1 �, 1 1 ' J - . it i Y a ► _ I F 1-- '' 1001 I Jrm. �". . l I t 1 .m. • t 1 ti tt I ki I d- I \ Ai111 11 1.1!r ,i,! !i , �i !hill Ai::,::� #��f�, tI11.,� !fi �I�Ij� (,_ SCG55� I I !=1'I! l,IIi,';iii'1I'!I li•l i j;} � , � ! I � �f I 1 it l' : . 1I1 [ i 1ilE ► 11. 41i il'Ii1IM iiitI i1i 1!.1:1111}4ii1=�1 1.111,1 It, 111il; • Iirr gg 11 iif t ii i1�4;:Pill], Iilii1 mli4:III hI! 1IIIft Ii 111Il =; j €f _r`nrr i ' !J'diil!L 111I .! I'f=I1dt;l1 ! n!km, 19 m OQI om Q : s.3 / › _ oj / .*4 ---e.'---- lit 1 N. X41, / // ^ ^ Weld County Planning Department GREELEY OFFICE NOV 1 5 2002 rzPr RANDOLPH W. STARR, P.C. RECEIVED ATTORNEY AT LAW THE PALMER GARDENS 150 EAST 29TH STREET,SUITE 285 P.O.BOX 642 LOVELAND,COLORADO 80539-0642 (970)667-1029 FACSIMILE(970)669-3841 RANDOLPH W.STARR E-Mail RSTARR8553@aol.com November 14, 2002 Weld County Planning Division 1555 North 17th Avenue Greeley, CO 805631 REGULAR MAIL AND FACSIMILE 970-304-6498 Attention: Robert Anderson Re: Garcia P.U.D. - File Number Comments of The Consolidated Home Supply Ditch and Reservoir Company Dear Robert: The following are the comments of The Consolidated Home Supply Ditch and Reservoir Company (the Company) with respect to the above subdivision proposal. 1. The Company requests that the County require that an agreement be entered into between the Company and all of the property owners(and all lienholders) setting forth the provisions that are discussed in this letter. The execution and recording of this agreement should be a condition of approval of this development by the County. A blank form of the agreement is enclosed with this letter. 2. The Company has an easement for its ditch system across the property which is included within the development. The Company owns two ditches that are impacted by this development. The Company owns the "River Ditch" which is at the southerly boundary of the property and the Company owns the"Lake Ditch"which is at the northerly boundary of the property. Although the Company has not had its ditch system surveyed in this area,the Company has identified an easement width as 100 feet,being 50 feet on each side of the center line. Additional easement will be required,if necessary,to obtain a 25 foot strip on each side of the ditch(from the edge of the ditch for driving access and maintenance). The plat should be amended to show the Company's easement correctly. Additional easement area is necessary for structures such as lateral ditches used to irrigate the subdivision property and other property in the area, checks,headgates and access easements. The plat must also show the location of any lateral ditches. The plat should be corrected to show the actual location of the lateral ditches, and an easement width should be shown for each lateral. 3. The Subdivision apparently shows no crossing over the ditch of the Company. If a crossing would be necessary, whether for roads, utilities, or other facilities, the Company would require that no crossing of its ditches will be allowed without the prior written approval of the Company. Weld County Planning Division -2- November 14, 2002 4. The Company has the authority to cut and remove trees within its right of way and the Company wants the applicant to acknowledge that the Company will, at an appropriate time,remove any and all such trees on the applicant's property. The Company wants the applicant to acknowledge that the applicant and its successor owners may not plant or otherwise landscape the ditch right of way. The Company also has the authority to install and maintain a road along each ditch bank for its purposes. A note should be inserted on the plat of the Subdivision regarding these issues. 5. The applicant must not place any fence within the right of way, and particularly across the right of way; and the applicant should agree not to install any gates or fences near the ditch company right of way without the prior written approval of the Company. Any fences approved by the Company along the ditch easement must be fireproof and stock-proof to prevent damage by cleaning of the ditch by burning and by humans and livestock and other sources to the ditch. There will not be permitted any livestock watering in the ditch. A chain link type fence should be constructed along the boundary of the Company's easement if a fence is to be constructed. A note should be inserted on the plat of the Subdivision regarding these issues. 6. The Company would identify to the applicant and the County that there may be subsurface waters that arise in the area of this development and that there are periods of time when, due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this problem,the utility of certain portions of the property for construction of structures could potentially be unavailable. The Company has no plans to alter its operations as it would cure this surface and subsurface water issue. A note should be inserted on the plat of the Subdivision regarding these issues. 7. The Company wants the applicant to agree that all earth moving and landscaping shall be accomplished so that all return flow and waste water from irrigation will return to the historic point of discharge. The applicant should acknowledge that historic irrigation and drainage patterns should be maintained on the property so that there are no changes in the operation of the Company's facilities. A drainage plan should be required to be prepared by a competent engineer to analyze and report on any change in drainage patterns caused by the development of the property. The Company should be provided a copy of that plan and the Company should have the opportunity to review and comment on the plan. MI drainage facilities constructed by the developer should be operated, maintained, repaired and replaced by the appropriate governmental entity. 8. The applicant should be required to maintain the existing irrigation and drainage patterns so that the quality of water entering the ditch from irrigation and from precipitation and other sources be maintained, and so that there is no change in point or type of drainage into the ditches that will occur. The applicant should be required to monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system. A note should be inserted on the plat of the Subdivision regarding these issues. 9. The applicant should be required to agree to join a drainage district for this area in the event of formation of such a district. r• Weld County Planning Division -3- November 14, 2002 10. The applicant may own stock in the Company, and may also own water through the Northern Colorado Water Conservancy District, or otherwise. Since the ownership of the property will be divided by the subdivision, and since the Company's bylaws prohibit division of its stock ownership, the Company wants the applicant to inform the Company of the applicant's plan for administration of irrigation water. The Company suggests that a subdivision owners association be required to be formed for the ownership and administration of the irrigation water rights within the Subdivision. 11. The Applicant should acknowledge that: 1)No livestock watering,swimming,tubing, canoeing or other use of the ditch or water in the ditch is allowed;2)No dumping of refuse,including but not limited to household garbage,waste materials,grass clippings,tree and shrub prunings,motor oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other irrigation are allowed in the ditch; 4)No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed. A note should be inserted on the plat of the Subdivision regarding these issues. If further information is needed concerning these comments then you should contact: Mr. Delbert Helzer, Secretary, The Consolidated Home Supply Ditch and Reservoir Company, 1650 West 8th Street, Loveland, Colorado 80537, Telephone: 970-667-1934. Smc , kandolph W. Starr RWS Enc.-Agreement Pc, Mr.Delbert Helzer,Secretary The Consolidated Home Supply Ditch And Reservoir Company 1650 West 8th Street Loveland,CO 80537 Ditch Company's Engineer Mr.J.Brian Zick The Engineering Company 2310 East Prospect Fort Collins,CO 80525 Owner and Owners'Address Francisco Garcia Jr. 1959 Blanca Court Loveland,CO 80538-5022 Engineer and Engineer's Address Loonan and Associates,Inc. 1630 South College Avenue P.O.Box 270852 Fort Collins,CO 80527-0852 \\Pavilionk\WP SRW\OFFICE\Consolidated Home Supply Ditch\Garcia PHD\111402 Standard Letter Planning.doc 01/21/2003 17:05 970-462-K2977 FWCIENA &JIDERS� PAGE 01 Ai'riv FPIN Adre-q4 , apazinfers 6-4re- P /22/O3 -- -"hose r e (cl )0, con S ' S J will) Tic � (S / � ey,--c S ( Gc,( r 27 '742-tar opfrai DECLARATION OF PROTECTIVE COVENANTS GARCIA PUD The undersigned, being the Declarant and Owner of all the land in the Garcia PUD, a tract of land lying in Northeast quarter of section 6, Township 4 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado as shown by a plat of said PUD dated the 7th day of February, 2003, do hereby make this Declaration of Protective Covenants applicable to all lots in Garcia PUD. LAND USE a. No lot shall be used except for a single family residential purpose and no building shall be erected altered, placed or permitted to remain on any lot other than one single family dwelling, one private garage, and one accessory building or barn. b. No obnoxious or offensive activity shall be permitted on any lot nor shall anything be permitted which may be or may become an annoyance or nuisance to the neighborhood. c. No manufacturing, industrial, or commercial enterprise shall be permitted on any lot. d. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other accessory building shall be used as a permanent or temporary residence. e. No part on any lot shall be used as a site for mobile homes, regardless of whether such mobile home is occupied as a dwelling or is stored on the lot temporarily. f. No sign or advertising of any kind shall be erected,placed, permitted, or maintained upon any lot except for Real Estate type signs referring only to the lot on which it is displayed. ANIMALS a. No animals of any kind shall be raised,bred, trained, or kept on any lot for a commercial purpose. b. A combined maximum number of four pets over the age of eight weeks shall be permitted. c. One animal per acre as allowed by Weld County zoning shall be permitted on any lot and shall be kept in a clean orderly manner. BUILDINGS AND IMPROVEMENTS a. All dwellings shall have a minimum living space above the ground of not less than 1600 square feet excluding garage and porches. A dwelling with two or more stories shall have a minimum of 2000 square feet of finished living space above the ground. A dwelling with three or more floor levels above ground shall have a minimum of 2000 square feet of finished living space above the ground. b. All buildings and improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a professional manner. c. Construction of buildings and improvements on any lot shall be completed within one year from the date of commencement. d. No tanks for the storage of gas, fuel oil, or any other matter shall be erected, placed or permitted above the ground on any lot, unless totally hidden from view. Any below ground storage of hazardous or toxic materials shall meet all applicable County, State, and Federal regulations. e. All home plans and outbuildings must be approved by the Architectural Control Committee. One full set of construction drawings including plot plan shall be submitted to the ACC and shall be approved or disapproved in writing within 30 days of submittal. f. Septic systems shall be installed in primary or secondary envelopes shown on subdivision plat and sites shall be preserved on lots. g. The Architectural Control Committee as required for the lots in Garcia PUD shall consist of the declarant, Francisco Garcia Jr. At the time of all lots being sold then the Homeowners association shall take over enacting said covenants. MAINTENANCE a. Weeds must be kept cut or removed at all times. b. All dwellings, accessory buildings, barns, garages, fences, and other structures shall be maintained in a clean, orderly, and attractive appearance at all times. c. No inoperative or unlicensed motor vehicles, recreational vehicles, boats, trailers, motorcycles, farm equipment, or other mechanical equipment shall be stored on any lot for a period longer than two weeks unless such vehicle is concealed from public view. One horse trailer may be stored in an owner's lot provided it is kept in a clean and orderly manner. d. Each lot shall be kept in an attractive and clean condition at all times.No trash, litter,junk, containers, or building material shall be permitted to remain visible from any neighboring lot or street except as necessary during a period of construction. In the event any structure is destroyed, either wholly of partially by fire or any other casualty, said structure shall be properly rebuilt or remodeled within six months to conform with these covenants. If the structure is not to be rebuilt, all remaining portions of the structure, including the foundations and all debris, shall be promptly removed from the property. e. Road and open space maintenance shall be the responsibility of the declarant, Francisco Garcia Jr. until all lots are sold and then shall become the responsibility of the Homeowners Association. PROVISIONS a. The expenses of functions imposed on the Association pursuant to this Declaration,together with the expenses of the administration and its operation, shall be assessed uniformly against the lots owned by the purchasers, subject to the limitation on assessment set forth in paragraph below. An owner who is a purchaser shall be responsible for payment of the full share of any assessments for a lot whether or not the lot has improvements. The Association shall establish periodic budgets for the necessary maintenance and improvements of the road and open space. b. In no event shall the annual average common expense liability allocated to any lot in the property, exclusive of optional user fees, exceed the maximum amount allowable the then applicable Colorado law for exception of the property and the association from the general application of the provisions of the Colorado Common Interest Ownership Act(CCIOA). The current Maximum Annual Assessment is $400.00 per lot, pursuant to Section 38-33.3-116 C.R.S. and such amount may be periodically adjusted without requiring general application of CCIOA. In no event shall the Board adopt any budget which will result in assessment of more than said then permissible Maximum Annual Assessment. c. In the event the lot owners shall fail to maintain the road and open space areas in a reasonable order and condition in accordance with the original plan submitted with the fmal subdivision plat, the Board of County Commissioners for Weld County may exercise the powers contained in CRS 24-67-105 as it now exists or as it may be amended. d. These covenants shall operate as covenant running with the land for the benefit of any persons who now own or may hereafter own property within Garcia PUD. Each lot owner is specifically given the right to enforce covenants through any proceedings, against any person violating or threatening to violate these covenants, and to recover any damages suffered by them from any such violation. Such damages shall include, but not be limited to,reasonable attorney's fees, court costs, expert witness fees, and bonding costs. e. These covenants are to run with the land, and shall be binding on Lot owners for a period of twenty five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years. These covenants, not withstanding the above, can be altered or amended in any manner at any time by a recorded instrument signed by 60 percent of the Lot Owners. Provided, however, that the provisions regarding maintenance of roads or open space shall not be altered or amended without the concurrence of the Weld County Board of County Commissioners or municipality with land use jurisdictions. f. If any portion of these Covenants are invalidated in any manner whatsoever, it shall not be deemed to affect in any manner the validity, enforceability, or effect of the remainder of these Covenants, and in such event, all of the remaining provisions of these Covenants shall continue in full force and effect as if such invalid provision had never been included herein. g. No provision contained in these Covenants shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. Francisco Garcia Jr. Francisco Garcia Sr. STATE OF COLORADO COUNTY OF LARIMER Acknowledged before me this 9-1144day of AA A vdk , 2003, b Francisco Garcia Jr. and Francisco Garcia Sr. y Witness my hand and official seal. My commission expires:0 \" VALPi,(/c444 i ..............%%` Notary Public 2� 0` F9 .00 IDC,3 I0`fe) g�r3-( I • % Address / G �ry'• �• . .rI 1 l€OF C0\-0= p FINAL DRAINAGE STUDY _ FOR GARCIA P. U.D. PREPARED FOR: DESIGN DEVELOPMENT CONSULTANTS 2627 REDWING ROAD, SUITE 350 FORT COLLINS, CO 80525 REVISED: NOVEMBER 2002 DATE: JUNE 2002 CONSULTING ENGINEER LOONAN AND ASSOCIATES, INC. 1630 SOUTH COLLEGE AVE. P.O. BOX 270852 FORT COLLINS, CO 80527 — 4000442 &i /1440e. Tote, 1630 S. e4Uege,4e. P.O. 6"ox 270152 goat ems, eO 10527 (970) 493-2108 742 (970) 495-9735 November 5, 2002 County of Weld Public Works Division 1111 H Street Greeley, CO 80631 - RE: GARCIA P.U.D. Dear Sirs: Loonan and Associates, Inc. is pleased to submit this Final Drainage Report for the proposed Garcia P.U.D. located south of State Highway 60 and east of WRC 3. Please — review this Final Drainage Report at your earliest convenience. We look forward to your comments and ultimate approval of the Final Drainage Report. Please feel free to contact me at (970) 493-2808, if you have additional questions. Sincerely, L..4..4. 44,41 Aiia6;.fx1.4,,( 4w . °•o n ,EFL .F.• i : .pv xs James R. Loonan o,`/ //a/CZ .%77P.4.•/0 TABLE OF CONTENTS SECTION I - GENERAL PROJECT LOCATION AND DESCRIPTION Page No. Location 1 Description of Property 1 SECTION II -DRAINAGE BASINS & SUB-BASINS Major Basin Description 1 Minor Basin Description 1 SECTION III - DRAINAGE DESIGN CRITERIA Regulations 2 Development Criteria Reference and Constraints 2 Hydrologic Criteria 2 Hydraulic Criteria 2 SECTION IV - DRAINAGE FACILITY DESIGN General Concept 2 Specific Details 3 SECTION V-CONCLUSIONS Compliance with Standards 3 Drainage Concept 3 SECTION VI-EROSION AND SEDIMENT CONTROL Discussion 3 General Erosion and Sediment Control Measures 4 SECTION VI - REFERENCES References 5 APPENDIX EXHIBIT A- Grading and Drainage Plan v M Qa� >•�iu aT• kc�c ■•� /' • ' C I c, .. _ � ..•:!-..„� fi 9 � , �. I _sin ba 25,.6 1- ' �' tom•' w A�� ,._. ' II � -- 1 U \. • S 1i3� _� _.0'"--1,,/ A v.`y, `( Cf / =3g Jr- ,3C u , O v ^c J I 1 ( 1 V ,' a I (-1.„, ‘,/ I ,t,./ --,.....„ 1 , i ,... --'t- '� L l� ----_ �_ � • 11 I A i / —_N �� - 9 Jam., .)I. -. !, _�� ' � I .�1 ' . ,V _% �'� I 7' F • #I I I '. '- 1�I ,., !...1 ' / -� ^ _ _'.p - � � • F -� VI I _ -. I___- . :I . 177-</ ...k- (1---H-1--•-‘2'-'1\'''''-‘;';\-2) -',- -- \\ _-__.----L-)••:>;.._1;./.11:.r_. .. :_i 4.1:::::: I? _I -1\--ji,,,,,,,,r74-1:72 ----- . , N\c„,_/5, ‘y _ i--, -it T1-21 ' ),-)iii—)--:•-•--5 -2_,,,,{:\_:::_iii\s„::: _tc,,,,,,,,„k„,,,,,,,,l."-r...-ti, Copyright(C)1997,Maptech,Inc. T5N LARIMERCOUNTY TaN WELD COUNTY ' J w u m m I� Ptzas srt ZONE A DeFrance eservov } a Z -- WELTY — o: l —_ g 111111 w 7 2 E - J Hummel Reservoi A Garcia PUD is located in the NW 1/4 of Sec. 6,T4N,R68W. This PUD is not located in any designated flood areas as shown on the FIRM Map&Panel No.080266 0725 C. FIRM(FLOOD INSURANCE RATE MAP WELD COUNTY, COLORADO, PANAEL 725 C OF 1075 COMMUNITY-PANEL NUMBER 080266 0725 C MAP REVISED: September 28, 1982 L General Location and Description A. Location _ The Garcia P.U.D. is located in the Northwest 1/4 of Section 6, T 4N, R 68W of the 6th Principal Meridian, Weld County, Colorado. More particularly, it is located southwest of the intersection of Weld County Road 3 and State Highway 60. The site is bounded on the north by State Highway 60, on the east by WCR 3, on the south by agricultural land and on the west by agricultural land. The Lake Ditch is adjacent to the northeast corner of the site and the Home Supply Ditch is adjacent to the southern boundary. B. Description of Property The Garcia P.U.D. site consists of approximately 29 acres of gently sloping ground. The existing vegetation consists of agricultural plants. The existing ground slopes northeast at approximately 1.6% slope. The existing runoff from this site either drains directly into the existing irrigation canal or into the existing borrow ditches for the State Highway and County Road 3. Both borrow ditches currently drain directly into the Lake Ditch. The Garcia P.U.D. project consists of 5 lots that are to be developed for single family-residential use. The development will include the construction of a turn-around to allow access to the lots. II. Drainage Basins and Sub-Basins A. Major Basins Description The site is within the Big Thompson River drainage basin. The entire site area will drain into the Lake Ditch. B. Sub-Basin Description For the purpose of this final drainage report,we place the entire site into four basins— Subbasin A, B, Cl, and C2. We also place the entire offsite tributary area into one basin—Subbasin Offsite. Subbasin A- Consists of approximately 8.33 acres. It is mostly landscaped with about 2 lots and a portion of paved highway. Runoff will be directly discharged to Lake Ditch. Subbasin B —Consists of approximately 17.79 acres. It consists of the majority of the gravel road, about 3 lots, and landscape. It is assumed that all of the offsite runoff will be directed through this subbasin. — t Subbasins Cl and C2—Consist of portion of Weld County Road 3 and landscaped area west of the road. The runoff from this subbasin will be directed through a ditch alongside the road. Subbasin Offsite - The offsite tributary area consists of approximately 13.7 acres. We assumed that the Home Supply Ditch would not intercept any of the offsite runoff. It is assumed that the offsite runoff to the west of the site will be intercepted and will not flow onto the site. III. Drainage Design Criteria A. Regulations The City of Loveland—Public Works Division's Storm Drainage Criteria Manual was utilized in preparing this report along with the Weld County allowable historic release rate. Loveland's manual was chosen because the location of the project is close to the City of Loveland. B. Development Criteria Reference and Constraints The developed site will convey runoff to the discharge points in a safe and effective manner. The increase runoff due to the development of this site is small portion of the current onsite and offsite runoff. C. Hydrological Criteria The two-year event was used for the minor storm event and the 100-year frequency rainfall was used for the major storm event. The Rational Method was used to calculate flows. D. Hydraulic Criteria The runoff produced by the site will be conveyed to Lake Ditch located north along the northern boundary in via overland flow, swales, existing culverts, and a proposed storm pipe. IV Drainage Facility Design A. General Concept The proposed development should be designed to maintain the historic drainage patterns. 2 B. Specific Details Each lot will be constructed such that runoff will be diverted around the building structures. The historical drainage patterns can be maintained with only minor diversions. The ultimate design point of the Lake Ditch will be maintained. V. Conclusions A. Compliance with Standards All storm drainage calculations followed the guidelines provided by the City of Loveland's Storm Drainage Criteria Manual. B. Drainage Concept This development is made up of lots intended for residential use. From the calculations in the Appendix, it can be seen that the development will produce a small amount of additional runoff. We estimate the increase in the total 100 year runoff(including offsite area) to Lake Ditch to be 1.09 cfs (about 2.5% increase). Therefore, we do not recommend requiring detention ponds. The detention ponds may cause more nuisance problems for only a minimal affect on the downstream facilities. The drainage system has been designed to convey the runoff to the designated design points in a manner as safe as possible. The proposed storm pipe will be designed for the 2-year storm event with the 100-year runoff overtopping the road embankment. VI. Erosion and Sediment Control This section describes methods recommended to control wind erosion, soil erosion and sediment from storm runoff during and after the construction of — drainage structures, and site grading. This development of erosion control criteria establishes the methods and guidelines used to perform the erosion analysis and develop the erosion control plan. A. Discussion The clearing and stripping of land for site grading, overlot grading, or for the construction of drainage structures, and swales, may cause high-localized erosion rates with subsequent deposition and damage to offsite properties. Uncontrolled, such erosion could destroy the aesthetic and practical values of individual sites, and cause damage to downstream property. 3 In general, erosion and sediment control measures may consist of minimizing soil exposure, controlled runoff across exposed areas, and sediment control at drainage structures. Each of these measures is described below and shall be utilized by the developer and/or the contractor during any construction activity occurring at this site. B. General Erosion and Sediment Control Measures Minimizing Soil Exposure: Where practical, the construction area and duration of soil exposure should be kept to a minimum. All other areas should have a good cover of vegetation or mulch. Grading should be completed as soon as possible after it is begun. A temporary cover crop, a permanent vegetative cover crop, or other landscaping should be established in disturbed _ areas. Re-vegetation may consist of native grasses, lawn grasses, or various winter wheat. Decorative rock, flower gardens, or shrubs may also be utilized in the final landscaping to cover the soil. Re-seeded areas should be mulched with straw or hay to protect exposed soil until vegetation is established. Controlled Runoff Across Exposed Areas: Where practical, construction may include constructing temporary swales to intercept and direct storm water around exposed areas. Swales can be constructed to control surface water, which collects on exposed areas and prevent gross erosion in the form of gullies. Riprap, straw bale dikes, or other temporary erosion control devices may be installed to control storm water velocities across exposed areas. Sediment Control: Temporary and/or permanent sediment control devices may be installed at the major drainage structures and flow concentration points shown on the Drainage Exhibit. Such structures shall be used to intercept and trap sediment once it is produced and prevent it from being conveyed offsite onto downstream property. Erosion and Sediment Control Plan The following summarizes the overall erosion control plan for this project. The details will be shown on the construction drawings. A. Straw bale dikes will be used on all existing and proposed swales to help prevent debris from entering the existing culverts. B. Other erosion control measures will be used as necessary to help minimize erosion for this project 4 VII. References City of Loveland Public Works Division Storm Drainage Criteria Manual • APPENDIX Od WN6._. <' 7- Oil P C • • Y / - ---i31 ° LAKE w0/T . a \ ,� I_ � _J.__- A — 50 A A _ I A I I' t A 0 I • A P I 1 A .5,70 1 Y • 1 en 8\'1 51 - I I 9. I I I _ I I . _ 1 I I \}\\::"--..........IL I ,e:::::::::',, : ...„.,:rxf: Rferfir - 8 riI may.' 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U m a d VN m (73 0 W -1 U a m U z c t 0 D p 0 H 0 0 w 6 STORM uRAIF AGE CRITERIA MANUAL TABLE 601 RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS - LAND USE OR RUNOFF COEFFICIENTS SURFACE CHARACTERISTICS PERCENT FREQUENCY Business: IMPERVIOUS 2 5 10 100 — Commercial Areas 95 .87 Neighborhood Areas 70 .60 .65 .70 .80 Residential : — Single-Family Figure-603 .40 .50 .60 Multi-Unit (detached) 50 .45 Multi-Unit (attached) .45 .50 .60 .80 7 1/2 Acre Lot or Larger Figure-603 .60 65 .70 .80 9 gure-603 .30 .35 .40 .60 Apartments 70 .65 .70 .70 .80 Industrial : — Light Areas 80 .71 .72 Heavy Areas 90 .76 .82 .80 .80 .85 .90 — Parks, Cemetaries 7 .10 . 10 .35 .60 Playgrounds 13 .15 .25 .35 .65 Schools 50 .45 .50 .60 .70 Railroad Yard Areas 40 .40 .45 .50 .60 Undeveloped Areas: Historic Flow Analysis 2 — Greenbelts, Agricultural (see "Lawns") Dffsite Flow Analysis 45 — (when land use not defined 43 47 55 .65 Streets: moved Gravel 100 .87 .88 .90 .93 13 .15 .25 .35 .65 Drives and Walks 96 .87 .87 .88 .89 Roofs 90 .80 .85 .90 .90 — Lawns , Sandy Soil 0 .00 .01 .05 .20 Lawns, Clayey Soil 0 .05 .10 .20 .40 NOTE: The Rational Formula coefficients do not apply for larger basins where — the time-of-concentration exceeds 60 minutes. WRC ENG REFERENCE: USQCM DRCOG Rev. May 1, 1984 -629 • - • N cc u w cc N- (D m N- CD CV m Z 0 N (O m CD LL 42 I Y 0 W Z = J 0 Q 0 f V r W O 0 U) N N - m iD L)) .n- r (1) (ND 0 a o _ a n n a n D) th co co �_ (h f° v n m N N N r w pp T z I—w LL co O) N Cl m co m LL O (n F Q W O O r• N r m0 O 0 2 g O W a 0 Z tiiJ 0 a. r r p . 0 re O > N a v zoD E Ill CL � F 2_ (p F 0 0 l0D N 0 0 co 0 O O U) r ti 3 N D) co W u) m J Z O Z J >- c rr a N Y N m ._. M M Or Or 6 ( O Z O z 4O roiO F F N g CO J t O N N r r EC(0 > J 0 ° LL Q )- = O O O O 0 0 0 ? 0u0) u0) w m (q (0D N .... Z J U Q co m O N O n n o n ,�. W o ^ r O Di a < Q Co a Z 0 0 co F o 0 0 0 a z o 0 (1)U 0 0 0 0 0 0 OF o 0 .— m m D —V ZO a m 0 0 m m W O0 C m O 0 0 Z c e o Il> O h 0 0 0 Ill w 1 LOVELAND FIGURE 601 STORM DRAINAGE CRITERIA MANUAL OVERLAND TIME OF FLOW soo = •s■r.\.■•a. 70 arle0007.000: 4! 0. ■ .A i 'ifit O.•e r.■u�0 .� ■� •.i /.•' MIMI O ■ u • a • uru•rul'u n. •■ .■ 'quo�' U.." ■y. 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U AM! -S.5.. r•r�- - — Ar _ ■ 0 _ THE ABOVE CURVES ARE A SOLUTION OF THE FOLLOWING EQUATION: ti = I.8 (1.1 - Cs) -7/1_ where: ti= initial flow time (min.) — S = slope of basin (°/0) Cs = runoff coeficient for 5 year frequency (Table 601) L = length of basin (ft.) Notes: I. The curves are for use with the Rational Method, see Text Section 6O2. 2. The curves shall not be usQd for distances in excess of 500. . WRC ENG. REFERENCE: _. "Urban Storm Drainage Criteria Manual" DRCOG, Denver, Colorado 1969 -640- OVELAND I STORM DRAINAGE CRITERIA MANUAL FIGURE 802 _ TRAVEL TIME VELOCITY FOR RATIONAL METHOD 50 30 7 — i- 20 c 2o z to O a �,t t A.e/ _ cc a C`.at $• h 10 :Z W ° v O ° v W J= r v tL 3 d II v iv C7e A. h= 0 J 5 y +v 3t v y i6 e- e 3 a. Ja a ♦' O IU a h y ° 0 W' 2 h a h 4 CC 3 == a� o' �t aee . v 0 3� Oe i 2 hry W 2 y r o h=° 40 .... F rt e Q O r 3 a �O 1 a. T — .5 4 .1 .2 .3 1 2 3 5 10 20 VELOCITY IN FEET PER SECOND WRC ENG. REFERENCE: 'Urban Hydrology For Small Watersheds' Technical Release No. 55, USDA, SCS Jan. 1975. LL LL • O LL Z U- 0 W I.Ui 0 SNaVW3a 140 W (,x- 00 I- co I L LL <.� < I— + O O~ I- 6 O I F- F w (Nlw) 11 M ~ (Sdd) J 0 A4Naa^CL co -- u cc F- OA co >- Waal 0 N 7 az!s adld 0 I— 0 a (%) O UZ a adois m• 0 i (SdO)M013 O LU a 0 NOIS30 w (SdOMAOld w 133a1S Z• w (%) ' C75 cc 3dOlS CD 0 W (SdO) v I `81v a - LL m U LL 0 O .- .- N Cl LL CC• rn n. Z (OW °' mN- N CO O U) V N (v o.ohAms O - - ( 0 0 0 Q F F (aN/NI) I aam g _z_ m 0 N a r 0 C H• 0 ZF (NIW) m m v 1Oi m Co Co m O 01 �' W i- 0 (SdO) t-_ '- N .- m 0 CO N — O 0 x 0 0 0 r 0 or 00 (UWNI) I °? o00 LO cm m rn a — r r N N G O a { LL (WO 31 0) S m CO Co Co LL o — z N O N N-O N h N VV.10.0LO _0.3 N. a . oa 0 r a I- W dd300 0000 0 0 a W JJONNU 0 0 0 6 0 0 0 0 N 0 CO 3 N J (0V) wait/ CO m °'• o of N of J M -) ..-• NDISJO VJUV 0 0 N - Z } 1NIOd NOIS3O Z 0 0 0 0 0 OF M 0 a U Z ' o0 0 I-- 0 0 d O w w ¢ m U U 0 H 0 c 0 • W O > N 0 0 0 0 w . 0 0 ` G / \ \ 0 3 iee c) n -- » (G® ' P G® 0 _ — \ f w c 0 - ® ! 92!S Odle' O (%) ; oz ! s 0 ° -- co G�o e ` 0 NOIS30 w GOMA o -- § y c ® _s § 62 ! - ! in — I j § = o R ; ; N CO 01 to CC j3_ ! 0 (Dv) Z N- B ) mo ms — — m / � / c w I fl § § j O wm � „ , G22 co 31 § } c, / ; 0 o § q » : § R 2 _ c w I / f § { % , , ! _ , K2 = = CD 0 2 0 ,0 ct gNi3 CO Nr La Rk4 # k \ _ d _=cia 5 % a. CV q � c _� . CO , , _d_2 ( 0000 0 f _ § § _ < ° ! ° e ° ® 0 K 0 0 000 0 co _ r-. •. LOVELAND ' STORM DRAINAGE CRITERIA MANUAL I TABLE 502 DESIGN TOTAL RAINFALL AREA I1 - LOVELAND 2hr-5min Storms NOTE: All Rainfall Values are in Inches TIME 2-YR 5-YR 10-YR 25-YR 50-YR 100-YR - 5 0.29 0.41 0.49 0.59 0.68 0.77 10 0.45 0.64 0.76 0.92 1.06 1.20 15 0.57 0.81 0.96 1.16 1.34 1.52 _ 20 0.66 0.94 1.12 1.36 1.54 1.78 25 0.73 1.04 1.24 1.50 1.71 1.98 30 0.79 1.12 1.33 1.61 1.86 2.10 - 35 0.83 1. 19 1.41 1.70 2.00 2.30 40 0.87 1.25 1.48 1.78 2.10 2.39 45 0.91 1.30 1.54 1.85 2.18 2.47 - 50 0.94 1.34 1.60 1.91 2.25 2.54 55 0.97 1.38 1.65 1.97 2.31 2.60 - 60 1.00 1.41 1.69 2.03 2.36 2.66 65 1.03 1.44 1.73 2.08 2.40 2.71 70 1.06 1.47 1.76 2.12 2.44 2.75 75 1.08 1.50 1.79 2.16 2.48 2.79 - 80 1.10 1.52 1.81 2.18 2.52 2.82 85 1.11 1.54 1.83 2.22 2.55 2.85 - 90 1.12 1.55 1.85 2.25 2.58 2.88 95 1. 13 1.56 1.87 2.27 2.60 2.91 100 1.14 1.57 1.89 2.29 2.61 2.93 105 1.15 1.58 1.91 2.30 2.62 2.95 110 1.16 1.59 1.92 2.31 2.63 2.97 115 1.17 1.60 1.93 2.32 2.64 2.99 - 120 1.18 1.61 1.94 2.33 2.65 3.01 - WRC ENG. ( REFERENCE: Larimer County Storm Water Management Manual, FEBRUARY 1979 -cnc LOVELAND STORM DRAINAGE CRITERIA MANUAL FIGURE 502 • RAINFALL INTENSITY - DURATION CURVE — 0 W Q 0 Z E e ) za cc cr O Q ul 0 V) ¢o u 0 n Q Z 74 W V Z J O 0 J 0- =w () } O n W2 cc H U Zp0o W N E c 0 W W H~la 1— O Oa ? H Z•10-1u)u) 0 Z ^ » J Q 0<la W • u J W wa0ljef C VI�W— C Q m Z 1i.0 I M Z O Q 2 C E01 O T ft Q _ o: 7 D 2 2 O F- in p +4: 'P• a. • o AW E \ W4 4 In 0� 0 p b n n 0 ( ' °H gad cayaul ) AIISN31NI 11V4NIVa WRC ENG. REFERENCE: • -509- — A — -P\occc)scde_ Su r.4 12 Cw,44-,.i n DDeve(opent-ni-') Qa = /. 7/ c&-s ( s(. b s,r (3 t osss; fc, "' 0,00 - 3a./6 c SS - 0 a N v ma nn,n, "5 E 7 r. ov) E cL yneairt8r l(3.2,5 " 8 t 0 . 55 °70 , " 4 4 )' �0 N d Z .c For 0 = 3a./6 c&s, cL = o�.Og . . ) -Tin c�en2-rej t • out pi-I-. o4 1-he roccc s;c e_ at -!c/2, lS J a.0,5 ' J I.n .song c-c ses� n^c de,otln PN ``y _ Q lot as /o o ces /, 6O" , wti ;cLn cccr, con �c,� a_ �! = /3- ScsS . �l W ^g C1 ec-hari ,4 - G /-7 / cs5 '.5t�b ba sin Q -►- c3s&s,-i-e,3 - Q,00 - 3a -/6c-SS /nonnin 5 Er QC( _ r .J / Si n= 0-06 d i G 5 -a . 55°70 4 9 1 , _ A- 6 /—/ For a = 3;2 •/6 css , ol = /- 4cj ' %o a ( cu,atk _ & ' *- ax (1.4q')<9) = /7- 9Z Raads)de s u)a to - r TRAPEZOIDAL CHANNEL ANALYSIS NORMAL DEPTH COMPUTATION June 14, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Flow Rate (cfs) 1.71 Channel Bottom Slope (ft/ft) 0.0055 _ Manning's Roughness Coefficient (n-value) 0.06 Channel Left Side Slope (horizontal/vertical) 4.0 Channel Right Side Slope (horizontal/vertical) 4.0 Channel Bottom Width (ft) 0.0 COMPUTATION RESULTS DESCRIPTION VALUE - Normal Depth (ft) 0.69 Flow Velocity (fps) 0.89 Froude Number 0.267 Velocity Head (ft) 0.01 - Energy Head (ft) 0.71 Cross-Sectional Area of Flow (sq ft) 1.92 Top Width of Flow (ft) 5.54 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. .. Roads ) de 5M/ale. /00-jr TRAPEZOIDAL CHANNEL ANALYSIS NORMAL DEPTH COMPUTATION June 17, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Flow Rate (cfs) 32.16 Channel Bottom Slope (ft/ft) 0.0055 Manning's Roughness Coefficient (n-value) 0.06 Channel Left Side Slope (horizontal/vertical) 4.0 Channel Right Side Slope (horizontal/vertical) 4.0 Channel Bottom Width (ft) 0.0 COMPUTATION RESULTS DESCRIPTION VALUE — Normal Depth (ft) 2.08 Flow Velocity (fps) 1.85 Froude Number 0.32 Velocity Head (ft) 0.05 Energy Head (ft) 2.14 Cross-Sectional Area of Flow (sq ft) 17.36 Top Width of Flow (ft) 16.67 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson S Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. n-� ' a. tit- TRAPEZOIDAL CHANNEL ANALYSIS NORMAL DEPTH COMPUTATION June 14, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Flow Rate (cfs) 1.71 Channel Bottom Slope (ft/ft) 0.006 Manning's Roughness Coefficient (n-value) 0.06 • Channel Left Side Slope (horizontal/vertical) 4.0 Channel Right Side Slope (horizontal/vertical) 4.0 Channel Bottom Width (ft) 0.0 COMPUTATION RESULTS DESCRIPTION VALUE — Normal Depth (ft) 0.68 Flow Velocity (fps) 0.92 Froude Number 0.278 Velocity Head (ft) 0.01 • Energy Head (ft) 0.69 Cross-Sectional Area of Flow (sq ft) 1.86 Top Width of Flow (ft) 5.45 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc. , 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281) 440-4742, Email:software@dodson-hydro.com • All Rights Reserved. Sec.b n A-f) ' i 0Olr TRAPEZOIDAL CHANNEL ANALYSIS NORMAL DEPTH COMPUTATION June 14, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Flow Rate (cfs) 32.16 Channel Bottom Slope (ft/ft) 0.0055 Manning's Roughness Coefficient (n-value) 0.06 - Channel Left Side Slope (horizontal/vertical) 4.0 Channel Right Side Slope (horizontal/vertical) 4.0 Channel Bottom Width (ft) 6.0 COMPUTATION RESULTS DESCRIPTION VALUE — Normal Depth (ft) 1.49 Flow Velocity (fps) 1.8 Froude Number 0.319 Velocity Head (ft) 0.05 — Energy Head (ft) 1.54 Cross-Sectional Area of Flow (sq ft) 17.83 Top Width of Flow (ft) 17.92 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com - All Rights Reserved. ^crCt Cc.. Or' veW4 CvIV<-✓'!=S Si za _soy n,s. a.-jr s-hor/-r- - a Qa = i, 7/ c3S ( 5"�JI�c�Sin t3taSS .,/ c) c) Qoo = 3Ol . /6 csss 0 .15 - 5`0.55 '9c) n = o ,oC3 LL, 0 c. N I/ �° � From t nChn an a S uufiror, °tir o;ctr efc ✓ = [S c Cr) ert vier-) GS = 906c -S-s 7 /. 7/ccsss c z w I so r-esier l v a lir-Cck¢J o.u(v e-r-f" a ✓t & L 3 LT I V sW UI R .� Dr ye-<A-x(1 CcoIvtrtS PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE June 17, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.25 FHWA Chart Number 1 FHWA Scale Number (Type of Culvert Entrance) 3 - Manning's Roughness Coefficient (n-value) 0.013 Entrance Loss Coefficient of Culvert Opening 0.5 Culvert Length (ft) 20.0 Invert Elevation at Downstream end of Culvert (ft) 1.0 Invert Elevation at Upstream end of Culvert (ft) 1.11 Culvert Slope (ft/ft) 0.0055 Starting Flow Rate (cfs) 1.71 — Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 1.71 Starting Tailwater Depth (ft) 0.0 - Incremental Tailwater Depth (ft) 1.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet �. Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 1.71 0.0 0.72 0.0 0.52 0.52 0.52 3.58 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281) 440-4742, Email:software@dodson-hydro.com All Rights Reserved. esi yy.r c 5ec-F/o rn B - 8 s: 0,610 a ) ' Cw n> ✓Js o,06 ca ,sJ o U 5 w Qa = 0,40ctS cn z c � 'oo — 7,/ Bids OC r Q = 7. /` cCS, off-= [,17 / _ For G _ /, 7/c Ss ) d = O,G8 _Uqj CO Siccs-f-7✓2,..) SLJcc% /r, G1..., (3ecf-ztn c-cs) 4 �1 A?sovr:ct ✓cc/vim. go, = D,?..6c&s _ G,00 -4 7Scrxs -Sor Gwc, - 4.7•Ccss , cc = (" a / ^ ^ <SC cf-ton B-a• t00 5r TRAPEZOIDAL CHANNEL ANALYSIS NORMAL DEPTH COMPUTATION June 14, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Flow Rate (cfs) 7.18 Channel Bottom Slope (ft/ft) 0.006 Manning's Roughness Coefficient (n-value) 0.06 — Channel Left Side Slope (horizontal/vertical) 4.0 Channel Right Side Slope (horizontal/vertical) 4.0 Channel Bottom Width (ft) 0.0 COMPUTATION RESULTS DESCRIPTION VALUE — Normal Depth (ft) 1.17 Flow Velocity (fps) 1.32 Froude Number 0.304 Velocity Head (ft) 0.03 — Energy Head (ft) 1.19 Cross-Sectional Area of Flow (sq ft) 5.45 Top Width of Flow (ft) 9.34 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson s Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. ^ n El-,,5.)-,iiy 5th cle_ to C sane-c TRAPEZOIDAL CHANNEL ANALYSIS NORMAL DEPTH COMPUTATION /00—Li June 14, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Flow Rate (cfs) 4.75 Channel Bottom Slope (ft/ft) 0.018 _ Manning's Roughness Coefficient (n-value) 0.06 Channel Left Side Slope (horizontal/vertical) 4.0 Channel Right Side Slope (horizontal/vertical) 4.0 Channel Bottom Width (ft) 0.0 COMPUTATION RESULTS DESCRIPTION VALUE • — Normal Depth (ft) 0.82 Flow Velocity (fps) 1.78 Froude Number 0.493 Velocity Head (ft) 0.05 — Energy Head (ft) 0.87 Cross-Sectional Area of Flow (sq ft) 2.66 Top Width of Flow (ft) 6.53 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc. , 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com — All Rights Reserved. Pi pe- . ode-e- /}cce5s Zt 13 Cassc.+neeL -1h"to+ Or&S+ 1 e are cc w :// ender Svbbce , ,n /3 ,, natC1 C&rovrs 71/4.;pa rr+2p) 0,00 = 4 75 c&s 0 6.ee_ ad-kcal-vac/ ccnocL (ochres . /7W= /-of/ Svr a ,c,o ore w o ,a 4 ' _C-orG� , ) c�kU r c-t- cc-re. /css t n con dtcc plena Per. n c c .7 W 6wg e n }e r1 nq Lke_ ID kt rsvan SL•bbasin C 2. ( ex 1St-1 & Alt Q a c 0,40 c5s C c! t-ez) .UU - 7- igc-cs diavinr-- s _ 9, 73. 5ee ckl-tcr e.rL arra/c./s/s. Hit/ = /-5:1. ' ' 78 5wG ,00 . }- nn lino r inn°Cie)4 CrS1f oe,ctin� nnacj 5CCc• d or;el3 /he_ rn�j or storm. Jape ex dti v j 5(... b-b as , n3 6#exiSfi Oa = /, 7/ c5s CQ ,00 = 3a-/G cc-s gas=_ 5 75 %) see a.I cl�ti ecrtecr sts . //uJ = a2, ,6 > 15 " SOrc►,c°. Thus, The. exz5Liny /5 " pipe cvi// not ha ti r1 Pact' &C)r -1- e trick/Or- '3/a ren_ , cc s p . %/ Lv«3 w; //' 'be" of e_S/9,"Leek = 3 /2 C-7-: 9.-67 l = 0, 5- ' Q/0O = 3a ./6c_-c-S L = 3407 ( sc 3C ') , Spillway c 1J be se-l- at lev. 77_ 00 pi*pe c>nde-r- / -ccesS PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE November 5, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.5 FHWA Chart Number 1 FHWA Scale Number (Type of Culvert Entrance) 3 - Manning's Roughness Coefficient (n-value) 0.013 Entrance Loss Coefficient of Culvert Opening 0.5 Culvert Length (ft) 64.0 Invert Elevation at Downstream end of Culvert (ft) 81.27 — Invert Elevation at Upstream end of Culvert (ft) 81.74 Culvert Slope (ft/ft) 0.0073 Starting Flow Rate (cfs) 0.24 - Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 0.24 Starting Tailwater Depth (ft) 0.0 • Incremental Tailwater Depth (ft) 1.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 0.24 0.0 0.24 0.0 0.17 0.18 0.17 2.2 k L. HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281) 440-4742, Email:software@dodson-hydro.com - All Rights Reserved. . ' Pipe_ Under cc e sS ( 0O-j r- PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE November 5, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.5 FHWA Chart Number 1 FHWA Scale Number (Type of Culvert Entrance) 3 — Manning's Roughness Coefficient (n-value) 0.013 Entrance Loss Coefficient of Culvert Opening 0.5 Culvert Length (ft) 64.0 Invert Elevation at Downstream end of Culvert (ft) 81.27 -- Invert Elevation at Upstream end of Culvert (ft) 81.74 Culvert Slope (ft/ft) 0.0073 Starting Flow Rate (cfs) 4.75 .— Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 4.75 Starting Tailwater Depth (ft) 0.0 Incremental Tailwater Depth (ft) 1.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 4.75 0.0 1.21 0.0 0.77 0.84 0.77 5.16 A__ L • 5 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281) 440-3787, Fax: (281) 440-4742, Email:software@dodson-hydro.com All Rights Reserved. Exist-in Co/tier/- Ex/ l-t745 C2 -� )/ PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE June 24, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.5 FHWA Chart Number 1 FHWA Scale Number (Type of Culvert Entrance) 3 ▪ Manning`s Roughness Coefficient (n-value) 0.013 Entrance Loss Coefficient of Culvert Opening 0.5 Culvert Length (ft) 10.38 Invert Elevation at Downstream end of Culvert (ft) 75.78 Invert Elevation at Upstream end of Culvert (ft) 76.79 Culvert Slope (ft/ft) 0.0973 Starting Flow Rate (cfs) 0.4 — Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 0.4 Starting Tailwater Depth (ft) 0.0 '— Incremental Tailwater Depth (ft) 0.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 0.4 0.0 0.24 0.0 0.12 0.23 0.12 6.34 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 • Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. �— rx,Sfien Culvert G xil,nq G2- ,00— r PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE June 24, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.5 FHWA Chart Number 1 _ FHWA Scale Number (Type of Culvert Entrance) 3 Manning's Roughness Coefficient (n-value) 0.013 Entrance Loss Coefficient of Culvert Opening 0.5 Culvert Length (ft) 10.38 Invert Elevation at Downstream end of Culvert (ft) 75.78 • Invert Elevation at Upstream end of Culvert (ft) 76.79 Culvert Slope (ft/ft) 0.0973 Starting Flow Rate (cfs) 7.18 ▪ Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 7.18 Starting Tailwater Depth (ft) 0.0 "" Incremental Tailwater Depth (ft) 0.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS • Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 7.18 0.0 1.51 0.0 0.48 1.04 0.46 14.64 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 ... Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. .. ,-. Ex i: q CuI ve r-I- J Ex ini 43 700-tr PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE June 14, 2002 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.25 FHWA Chart Number 1 FHWA Scale Number (Type of Culvert Entrance) 3 Manning's Roughness Coefficient (n-value) 0.013 Entrance Loss Coefficient of Culvert Opening 0.5 Culvert Length (ft) 16.94 Invert Elevation at Downstream end of Culvert (ft) 77.0 '- Invert Elevation at Upstream end of Culvert (ft) 77.89 Culvert Slope (ft/ft) 0.0525 Starting Flow Rate (cfs) 32.16 Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 32.16 Starting Tailwater Depth (ft) 0.0 • Incremental Tailwater Depth (ft) 1.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet .— Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 32.16 0.0 22.6 9.9 1.25 1.25 1.25 26.21 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281) 440-3787, Fax: (281) 440-4742, Email:software@dodson-hydro.com All Rights Reserved. PL1592 1592 2003-3201 Large Map Located in Original File Not Scanned ark, REFERRAL LIST NAME: Fran Garcia CASE NUMBER: PF-564 REFERRALS SENT: September 23,2002 REFERRALS TO BE RECEIVED BY: October 21,2002 COUNTY TOWNS and CITIES _X Attorney _Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono _X Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City _X Division of Water Resources Gilcrest _X Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer _X Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 _X_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 _USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X_School District RE-2J Greeley Ditch Company Longmont West Adams COMMISSIONER _X Fred Walker (yeatits>, MEMORANDUM TO: Kim Ogle, Planner DATE: 17-April-2003 C FROM: Peter Schei, P.E., Civitf e , Public Works Department. • COLORADO SUBJECT: PF-Garcia PUD - Signoff mal Plat).doc Weld County Public Works Department has received final plan materials and has the following development referral comments. Comments u The Public Works Department effectively `signs-off' on this development with no recognized issues. The Planning Department may proceed with this case,with no restrictions by Public Works.' PC: PE-Garcia PUD - Signoff(Final Plat).doc Email& Original: Planner PC by Post: Applicant ] p Ks/- PC by Post: Engineer Loonah .,.,.. ,....... , .,...„ Page 1 of Weld County Planning Department (eVet, Lis•Nt: GREELEy OFFICE APR 1 7 2003 MEMORANDUM RECEIVED CTO: Kim Ogle, Planner DATE: 16-April-2003 COLORADO FROM: Peter Schei,P.E., Civil Engineer SUBJECT: PF-564, Garcia PUD Review Comments 3 (Final Plat) The Weld County Public Works Department has reviewed this final plat request and has the following remarks. COMMENTS: An additional, 20-foot utility easement must be shown parallel to the curved oil storage/separator/well setback (proposed chain-link fence) for Lot 1 and Lot 2. This would alleviate any potential conflicts with-respect-to the oil company and utilities required for the homeowners. The applicant shall properly identify the 20-foot utility easement on a resubmitted certified final plat, which would be in concurrence with the Utility Board Meeting held on 14- November-2002. ❑ The applicant has not submitted a stamped, signed and dated final plat drawing to Public Works. Additionally, the January 18, 2001, date appears inaccurate for this drawing (including revisions). The applicant shall submit to Public Works a stamped, signed and dated final plat drawing. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." ❑ The applicant has not labeled the irrigation ditches correctly on the final plat. The Lake Ditch is located along the northern boundary and the Home Supply Ditch is located along the southern boundary of the development. The applicant shall properly identify the ditches on a resubmitted certified final plat. RECOMMENDATION: The above Conditions of Approval shall be fulfilled prior to recording the final plat. Issues of concern must be resolved with the Public Works Department prior to recording the final plat. PC: PF-564 Email&Original: Planne. ,r^ PC by Post: Applicant wf---'f PC by Post: Engineer Lponcc4 M'Pttm`Plvnnin{Rcvieu 3-FiouI PITlPFS6J G.uaw PU�Rcviw Gnui.sits](R aI MA,)d[ Page 1 of 1 23Jmary-100] Weld County Planning Department a GREELEY OFFICE JAN 2 8 2003 MFIME RDUM • TO: Robert Anderson, Planner DATE: 4-J uary-2003 COLORADO FROM: Peter Schei, P.E., Civil Engineer , SUBJECT: PF-564, Garcia PUD Review C mmen 2 (Final Plat) The Weld County Public Works Department has reviewed this final plat request and has the following remarks. COMMENTS: ❑ The applicant has not submitted a stamped, signed and dated final plat drawing to Public Works. Additionally, the January 18, 2001, date appears inaccurate for this drawing (including revisions). ❑ The applicant shall submit to Public Works a stamped, signed and dated final plat drawing. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." ❑ The Public Improvements Constructions Plans for Garcia P.U.D. dated December 24, 2002, have been accepted by Public Works. ❑ The applicant has not labeled the irrigation ditches correctly on the final plat. The Lake Ditch is located along the northern boundary and the Home Supply Ditch is located along the southern boundary of the development. The applicant shall properly identify the ditches on a resubmitted certified final plat. ❑ The 20-foot utility easement currently shown on the final plat at the far rear of Lot 1 and Lot 2 is correct. ❑ An additional, 20-foot utility easement must be shown parallel to the curved oil storage/separator/well setback (proposed chain-link fence) for Lot 1 and Lot 2. This would alleviate any potential conflicts with-respect-to the oil company and utilities required for the homeowners. The applicant shall properly identify the 20-foot utility easement on a resubmitted certified final plat, which would be in concurrence with the Utility Board Meeting held on 14-November-2002. ❑ The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral For Improvements. The Weld County Board Of County Commissioners (BOCC), prior to recording the final plat, shall approve these agreements. o The applicant shall submit an acceptable off-site Road Maintenance and Improvements Agreement regarding access to the development via public gravel roadways. The applicant shall be responsible for dust suppression (chemical) during the time the development is under construction. Public Works has not M\Pnce\Plwnl g Renrn�Pi zI PI APF-SN Gar[ia PfID R[view C mmenls R(Final PIn11 Ja Page 1 of 2 24-Januar,2003 satisfactorily accepted an off-site improvements agreement from the applicant. Public Works differs with the applicant on the calculations and related costs associated for public roadway improvements. The off-site (publicly maintained) agreement should be based on a 22% shared factor for approximately 1,100-feet of upgrading and paving of CR 3. In the proposal letter dated November 06, 2002, from Don Leffler, Design Development Consultants, it referred to a frontage factor of 590-feet. Public Works' calculations and requirements are based from the entrance to the nearest paved road, which is the 1,100-foot factor. The County customarily and uniformly accepts the full section of roadway to be built for these improvements. The applicant shall submit an acceptable off-site improvements agreement for approval by Public Works. RECOMMENDATION: The above Conditions of Approval shall be fulfilled prior to recording the final plat. Any issues of concern must be resolved with the Public Works Department prior to recording the final plat. Enclosure: Garcia PUD Improvements Agreement review. PC: PF-564 Email & Original: Planner �� �� r PC by Post: Applicant 7 PC by Post: Engineer loch ti/1 scec M\PcierTlanag RencwV-Fula,Flat PF-564 Garcia PUD_Redew Comments 2(Final Plat)Jrc Page 2 oft 24-Tanury-2003 Weld County Planning Department • GREELEY OFFICE riefr DEC 2 7 2002 RECEIVED MEMORANDUM O • TO: Robert Anderson, Planner DATEll ecember-2002 COLORADO FROM: Peter Schei, P.E., Civil Engineer SUBJECT: PF-564, Garcia PUD Review Co ents (Final Plat) The Weld County Public Works Department has reviewed this final plat request and has the following remarks. COMMENTS: ❑ The final plat and associated drawings have not been stamped, signed and dated by a professional engineer licensed in the State of Colorado. The applicant shall resubmit a certified final plat along with certified drawings to Public Works for acceptance, for a final review to conclude with this office. o The final plat has improperly labeled the irrigation ditches. The Lake Ditch is located along the northern boundary and the Home Supply Ditch is located along the southern boundary of the development. The applicant shall properly identify the ditches on a resubmitted certified final plat. o The applicant shall place a 20-foot utility easement along the rear perimeter of Lot 1 and Lot 2 (both lots adjacent to oil wells) as agreed to at the Utility Board Meeting on 14- November-2002. The current plat shows a 15-foot easement, which is erroneous. The applicant shall properly identify the easement on a resubmitted certified final plat. o The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral For Improvements. The Weld County Board Of County Commissioners (BOCC), prior to recording the final plat, shall approve these agreements. o The applicant has submitted an on-site Improvements Agreement for Private Road Maintenance. The on-site (privately maintained) quantities and unit costs appear to be adequate to complete the internal portion of the project. Since Bianca Way will not be paved, the County will not acquire it for maintenance. o The applicant shall submit an acceptable off-site Road Maintenance and Improvements Agreement regarding access to the development via public gravel roadways. The applicant shall be responsible for dust suppression (chemical) h1:�PeIe.Plyiuwg RimcwJ-Pioal PUt PP-56i Gartiv PUU Reviow Coinu,ettstPiwI PUI)d Page 1 of 2 E4-Utt+2 during the time the development is under construction. Public Works has not satisfactorily accepted an off-site improvements agreement from the applicant. Public Works differs with the applicant on the calculations and related costs associated for public roadway improvements. The off-site (publicly maintained) agreement was based on a 22% shared factor for approximately 1,100-feet of upgrading and paving of CR 3. In the proposal letter dated November 06, 2002, from Don Leffler, Design Development Consultants, it referred to a frontage factor of 590-feet. Our calculations and requirements are based from the entrance to the nearest paved road, which is the 1,100-foot factor. The County customarily and uniformly accepts the full section of roadway to be built for these improvements. The applicant shall submit an acceptable off-site improvements agreement for approval by Public Works. ❑ The applicant must provide a letter(s) from the irrigation ditch authority(s) confirming that storm drainage routing and runoff are acceptable. The applicant has proposed to direct storm runoff into irrigation ditch(s) as per the final drainage report. The applicant shall submit a letter(s) to Public Works for acknowledgment, prior to setting a hearing schedule with the County. ❑ Public Works has meet with the applicant, Fran Garcia on 18-December-2002, over probable controversy with the adjacent ditch owner(s). At present, the Public Works Department has accepted the final drainage report and drainage construction plans submitted by the applicant. Should the applicant and ditch owner(s) agree on modified drainage for the development, up to date certified final plat materials shall be required for acceptance by the Public Works Department, prior to setting a hearing schedule with the County. RECOMMENDATION: The above Conditions of Approval shall be fulfilled prior to recording the final plat. Any issues of concern must be resolved with the Public Works Department prior to recording the final plat. PC: PF-564 Email & Original: Planner .N:VPCICDPIwuwg ReviewV-Final PlmNF36a Gvciu PUD Review Ginmm¢(Fiiol PlwPgw Page 2 of 2 20-Dec-02 Weld County Planning Department GREELEY OFFICE OCT 2 3 2002 MEMORANDUM RECEIVED TO: Robert Anderson, Planner DATE: 21 October 2002 Ci FROM: Peter Schei, P.E., Civil Engineer COLORADO SUBJECT: PF-564, Garcia PUD (Final Plat) 7 The Weld County Public Works Department has reviewed this final plat request and has the following remarks. CONDITIONS OF APPROVAL: o A change of zone plat was submitted with the final plat application materials. A final plat drawing(s) shall be submitted to Public Works for review. o The Final Drainage Study for Garcia P.U.D., dated June 2002, by Loonan and Associates, Inc. is generally acceptable. Weld County Code (Sec. 24-7-130, Table 24.2) requires that residential drainage studies calculate the 5-year design storm frequency. The study used a 2-year design storm frequency in the report. Because the culverts will be adequate and there will be no detention, we will not require a resubmittal. o The applicant shall remove the inlet for the culvert under the access entrance. Public Works finds operation and maintenance concerns with this improvement along side a gravel roadway. The applicant shall use flared end sections on the culverts. Also, the applicant should shorten the length of pipe and use an open cut ditch. o A final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted. o The drainage report states that all drainage is to runoff into the Lake Ditch. The applicant shall provide a letter from the ditch authority confirming that the storm drainage routing and the runoff are acceptable. o The final drainage report shall document and review FEMA maps to determine if flood hazards exist. o Easements shall be shown in accordance with County standards and / or Utility Board recommendations, also dimensioned on the final plat. Public Works will not allow buildings or structures to be constructed over any easement and a note stating this must be added to the drawings. o The final plat shall show and label the Lake Ditch and the Home Supply Ditch. The Grading, Drainage and Erosion Control Plan shall also show and label these ditches. M`-PemrTlaw gRevlewJ-Final PlarPF-564 Garcia PUD(Pial FIJI)doc Page 1 oft 210cmbWl ❑ The CR 3 existing 30-foot right-of-way (measured from centerline of the roadway) shall be verified by the applicant and the documents creating the right-of-way noted on the final plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. This 30-foot right-of-way shall be shown and dimensioned on the final plat. ❑ SH 60 is classified by the County as a state highway and requires a minimum 150-foot right-of-way. The applicant shall coordinate with CDOT, the requirements for right-of- way on SH 60, and provide a letter of confirmation to Public Works. The applicant, on the final plat, shall show and dedicate the right-of-way, measured from the section line. ❑ The applicant has submitted an off-site improvements agreement. The applicant must verify the costs shown in Exhibit "A" as these costs are nominal for the paving work recommended. The applicant shall provide calculations, unit quantities, dimensions, and costs to support their agreement. The applicant shall document the percentage of trip generation as called out in the off-site improvements agreement. Site-specific trip generation will be in contrast to CR 3 existing background traffic. ❑ A note shall be placed on the final plat stating that Weld County does not maintain unpaved internal development roadways. ❑ The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral For Improvements (Private & Public Road Maintenance). These agreements shall be approved by the BOCC prior to recording the final plat. ❑ Roadway and grading plans along with construction details will be required to conform to the final plat. RECOMMENDATION: The above Conditions of Approval shall be fulfilled prior to recording the final plat. Any issues of concern must be resolved with the Public Works Department prior to recording the final plat. PC: PF-564 Design Development Consultants, Don Leffler Loonan and Associates, Inc., James Loonan Moo-Peter5Plemiwg NevevV-PimI PIai5PP-564 Garcia RID IPLUI PIap,Eoc Page 2 of 2 210ctobo@ .� i i., MEMORANDUM I WTO: Robes:Anderson.Planning DATE: March 22.2002 r. -. • FROM: Drew Scheltinga, P. E., iN�;� :)1 COLORADO SUBJECT: Z-564,Garcia PUD Attached is a copy of Donald Leffler's letter of Frbruary 20, 2002,requesting a waver from the requirement to pave PUD internal roads. 1 have reviewed the request in light of the recent criteria we have used regarding paring and have the following comments: 1. Paving is not required in a minor subdivision, which allows 9 lots. 2. This location is not in an urban growth boundary or the MUD. 3. The internal road does not access a paved road: 4. There are no paved Weld County roads within 2 miles. 5. There are no other subdivisions in the vicinity. 6. There is no possibility of the internal road being extended. 7. The internal road is very short; therefore,vehic e speeds will be slow. I concur with Mr. Leffler's request to wave paving;mainly based on the fact that the proposed internal road will generate very little fugitive dust: 'I he traffic generated by the Garcia PUD will add to the fugitive dust problem on WCR 3 At the Planning Commission hearing on February 19, 2002,there was testimony about an existing fugitive dust problem. As stated in my memo of September 18,2001,at our last count there was 182 vehicles per day (vpd)on WCR 3, and that the traffic added by the Garcia PUD will increase the vpd over 200. In that memo I requested a traffic mitigation plan and have not received ore. At final plat,the applicant will be required to submit an agreement to share in the cost to pave WCR 3 from the entrance to SI-f 60. The cost share will be proportionate to the traffic that will be generated by the Garcia PUD and the existing traffic. The recent Dove Haven agreement, approved by the Commissioners, can be used for a model. PC: Z-564 Donald Leffler(by FAX) M'.lPFILES\DREW.Piarring,,z.564-2.atx1 ', Post•It'Fax Note 7671 oaro�Z.�..l � 1 m 0,..1 Le. 4,:i 7, I7, e. Frem Drat.) c„wPt co CO ct d CO Mono Q Pnora 420 -;o4-44149 ' Far*970-'28Z-1/Z3 Fall U 1 MEMO RAN L JM • lutTO: Robert Anderson, Planner I DATE: Szpteir'tbei• rs, ?001' •" FROM: Drew Scheltinga, Engineering Supervisor SUBJECT: Z-564: Garcia PUD Subdivision • COT A DO The Weld County Public Works Department has reviewed this PUD Change of Zone request. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. COMMENTS: External Roadways: WCR 3 is designated as a local roadway in the Weld County Comprehensive Transportation Plan. Local roadways require a minimum 60-foot right-of-way. The developer will be required to dedicate a 30-foot right-of-way on the east boundary of this parcel. Intersection sight distance triangles will be shown on the plat. All landscaping in the intersection sight distance triangles must be less than 3.5 feet high at maturity. Internal Roadways: All PUD roadways are paved. The internal subdivision paved roadways consist of two 12-foot travel lanes with 4-foot gravel shoulders. Stop signs and street name signs will be required at all intersections. The internal roadway will need to dedicate a 60-foot right-of-way. The maximum block length is 1500 feet. All lots within the subdivision shall use the internal roadway system. Parallel roadway alignments are undesirable according to the Weld County Code. I have visited the site and believe the internal roadway should be located toward the middle of the parcel. The developer has not discussed the roadway alignment with the Public Works Department. The roadway alignment should be changed. Storm Water: A drainage report signed by a professional engineer licensed in the State of Colorado will be required at the change of zone. The report was not included in my packet. Traffic Impacts: WCR 3 in the vicinity of this site has 182 vehicles per day(vpd). This development will increase the traffic beyond the allowed 200 vpd. The developer will need to submit a mitigation plan. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ❑ The internal roadways will be constructed to be consistent with the subdivision regulations. The cul-de-sac edge of pavement radius shall be 50 feet. ❑ The roadways shall be realigned to allow adequate separation from WCR 3. ❑ The required right-of-way for the internal and external roadways shall be dedicated to Weld County. ❑ A stop sift and street name sign shall be placed at all intersections. ❑ Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity. G A drainage study shall be submitted at the change of zone stage. ❑ A traffic mitigation plan will be submitted for review. If you have any questions,please call. pc: Z-564 WCR 3 M:\W P FI LES\diane\DEV ELOPMENT\Z-564.wpd Kim Ogle - Re: GARCIA PUD—Good trn? Please advise Page 1 From: PAM Smith To: Ogle, Kim Date: 4/21/03 8:51 AM Subject: Re: GARCIA PUD—Good to Go? Please advise The only thing I mentioned in my comments was that the note on the plat was correct, but the language in the covenants was not specific to the activities prohibited. If that has changed it is good to go!! >>> Kim Ogle 04/17/03 06:44AM >>> This was Roberts Case, Case number PF-564. the plat is in for recording with the improvements agreement, are all issues as you know them to be been addressed? >>> PAM Smith 04/14/03 03:53PM >>> I don't know what this is...can you give me a number or something??? Are you waiting on my comments??? I'M CONFUSED >>> Kim Ogle 04/13/03 01:53PM >>> ricit, MEMORANDUM iv I 0 TO: Robert Anderson, WC Planning DATE: November 14, 2002 • COLORADO FROM: Pam Smith, W.C. Department of Public Health an. Environment PC CASE NO.. -564 NAME: Fran Garcia PUD The Weld County Department of Public Health and Environment has reviewed this final plan application. The applicant has placed primary and secondary envelopes on all lots, even though envelopes were only requested on lots 1-4. An agreement for a water main extension agreement between Little Thompson Water District and the applicant has been included in the application materials. The note on the plat regarding the preservation and/or protection of the second absorption field envelope is correct. However, the language in the covenants is not specific to the activities prohibited. The Departments'recommendations for approval (from the change of zone)are included as follows: ti, 1. Water service shall be obtained from the Little Thompson Water District. r) 2. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. 6 3. Language for the preservation and/or protection of the second absorption field envelope shall be placed in the development covenants. The covenants shall state that activities such as landscaping(i.e. planting of trees and shrubs)and construction (i.e. auxiliary structures, dirt mounds, etc.) are expressly prohibited in the designated absorption field site. I' 4. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. G 5. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. II 6. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. I 7. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 1 8. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\FinalPlan\pf564.rtf Kr\ Weld County Referral a • COLORADO September 23, 2002 The Weld County Department of Planning c.nrvices has received the following item for review: Applicant Fran Garcia Case Number PF-564 Please Reply By October 21, 2002 Planner Robert Anderson Project Final Plan/Garcia Planned Unit Development(PUD)with E (Estate)Zone Uses for Five Lots with 5.65 +/-acres Common Open Space. Legal Lot A of RE-2509; being part of the NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and west of and adjacent to WCR 3. Parcel Number 1061 06 000072 u _ The ap;!ication is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give ful! consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive respor to the Department of Planning Services. If you have any further questions regarding the application, plu.,se call the Planner associated with the request. Weld County Utility Board Review Meeting: November 14, 2002 ❑ We have reviewed the request and find that it does/ f .'9s not comply with our Comprehensive Plan ❑`We 'lave re,it:.ead The request and find no conflicts with our interests. ®' See attached:otter. Comments. Signature Date Agency /`( LL-64 W,y u� n t •. rn +Weld County Planning Dept. 1 55 N. 17th Ave.Greeley,Co.�C`o 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax n a DEPARTMENT OF BUILDING INSPECTION (it Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 WIiDc COLORADO October 2, 2002 Fran Garcia Final Plan/Garcia Planned Unit Development (PUD) with E (Estate) Zone Uses for Five Lots with 5.65 +/- acres Open Space. PF-564 In addition to the requirements listed on the Final Site Plan as numbers 14 through 17, the following items shall be incorporated: 1. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. 2. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Property pins shall be clearly identified and all property lines shall be identified by string lines stretched between pins or by other approved means. Approved building and foundation plans shall be on the site and available to inspectors for each inspection. Please contact me for any further information regarding this project. Sincerely, cpk,L;ig Jeff eif Building Official Service,Teamwork, Integrity,Quality f &ttip "it Weld County Referral O • COLORADO September 23, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Fran Garcia Case Number PF-564 Please Reply By October 21, 2002 Planner Robert Anderson Project Final Plan/ Garcia Planned Unit Development (PUD)with E (Estate)Zone Uses for Five Lots with 5.65 +/-acres Common Open Space. Legal Lot A of RE-2509; being part of the NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. Location Sour!: of and adjacent to State Highway 60 .ind west of and adjacent to WCR 3. Parcel Number 1061 06 000072 The applicatior. is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Plarn. r associated with the request. Weld C( unty 3oard Re-iew Meeting: November 14, 2002 ❑ We have reviewed the regc:est and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. JIB See attached letter. Comments: tspp eNtArNi. Signature �( �,r" rW�,( Date Q-Z Agency [uul '`.1 taw_ {•Weld County Planning Dept. •}1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Kit h MEMORANDUM To: Robert Anderson, Planner September 24, 2002 From: Bethany Salzman, Zoning Compliance Officer COLORADO Subject: PF-564 Referral Upon review of my computer and files, no existing violations were noted; however, it was noted that an Electric Permit(EL-0110029) should be expired. As a result, a violation may be initiated. Please touch base with Trudy Halsey, Building Compliance Officer, prior to any determinations,to find out the requirements of the Department of Building Inspections. cc:Trudy Halsey, Building Compliance-via e-mail SERVICE,TEAMWORK,INTEGRITY,QUALITY Cc'. d 2002 MEMORANDUM To: Robert Anderson From: Ken Poncelow Date: September 25, 2002 Subject: PF-564 The sheriffs office recommends the following improvements for this housing sub-division: 1. The sheriff's office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either a mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county roadway to obtain their mail. 3. The names of all streets within the sub-division should be presented to the sheriff's office for approval. This will eliminate duplication of street names within the county. The street name for this sub-division is fine. 4. A permanent sign should be placed at the entrances to the sub-division detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 5. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the sheriff's office will have limited traffic enforcement powers. 6. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 7. The sheriffs office is very supportive of homeowner funded homeowners associations. These associations provide a contact for the sheriffs office and a means for maintaining common areas. 8. There is a oil or gas well within this sub-division. This needs to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. These sites appear to be fenced off on the plans. The Sheriff's Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. h f &t avelip. Weld County Referral O • COLORADO September 23, 2002 The Weld County Department of Planning Services has received the followh:!g item for review: t ---_ Applicant Fran Garca Case Number P1 -5 _I; x Please Reply By October 21, 2002 Planner Re bert Anderson Project Final Plan!Garcia Planned Unit De.; lopment (PUD) :with E (Estate)Zone Uses fo: Five Lot, with 5.65 +/-acres Common Open ,Span.. Legal Lot A of RE-2509; being part of the NE4 of Section 13, 4N, RC8W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Highway 60 and west of and adjacent to WCR 3. Parcel Number 1061 06 0:,.,072 The application is submitted to you for review and recommendation. A, /comments or recommendation you consider relevant to this request would be appreciated. Please re;,' • by the above listed date so that we may give full consideration to your recommendation. Any response ; )t received before or on this date may be deemed to be a positive response to the Department of Manning Services. If yell have any further questions regarding the application, please call the Planner associated w th the regnosl. —W/eld County Utility Board Review Meeting: November 14, 2002 )g We have reviewed the request and find that . does does not comply irirh our Comprehensive Plan f_i\ We have reviewed the regr,eLt and find no conflicts 'pith our inter ' ❑ See attached letter.) Tr Comments: A ay MCP ,_ in- Ii at- Or /and GQ. &iecc&ci .122- Spilt / Es- iet- f5 fe lak id prior --/D ii e rS.Sc4t rre of k la Lc !ol.i j L)tn1I+. WE ,Srfhecl sl-rjct tui/( xov:.1/e 2 reek_ P ai- Hce +n c n r,.i—, (4)add also I i e -fro e�sl r��v1, ,(-) `l'ke._ hekrnc ofyit& -a°e-SaC_ -iv)43i prvjcc+ - rhtaA 5 sySierx, `t-batik yak Signature ,e,Gaj uJ `y v`G� Date al�/Q� Agency _ /Vk�4//1L Q .� � . 070613-32y1(e +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax BERTHOUD FIRE PROTECTION DISTRICT Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264 I mber 27,2002 Robert Anderson Weld County Department of Planning Services 1555 North 17th Avenue Greeley Colorado,80631 Re: Garcia PUD,Care number PF564553 We have received your referral for the Garcia PUD for review. Fire Department records indicate that this parcel was previously reviewed in the fall of 2000 under your case number Z564. Copies of our reply at that time are enclosed and no significant changes appear to have been made which would have changed that reply. I am enclosing our fire protection and access regulations,which would apply to this development for your review. It does appear that two hydrants would be required for this subdivision.These hydrants would have to be installed along with the appropriate access roads before construction of any proposed residences. One hydrant could be placed adjacent to lot#2 perhaps in middle of the island in the center of the dead end access road turn around One hydrant will be needed along county road#3 adjacent to lot#5 about midway between the entrance to the dead end access road and the south edge of the property. Construction requirements for the Berthoud Fire Protection District are currently drawn from the 1997 Uniform Fire Code.From time to time these source documents are updated or amended.In the event that there is a conflict between the requirements of this letter and updated requirements,the newer requirements in effect at the time of building permit submittal shall apply. If you have any questions,please direct them to me at your earliest opportunity. R y, Lee Brian Scott Deputy Fire Marshal CC: Fran Garcia,Jr. Fran Garcia,Sr. Donald Leffler Enclosures AN EQUAL OPPORTUNITY EMPLOYER C BERTHOUD FIRE PROTECTION DISTRICT ;I•/.\ rBox 570 • 275 Mountain Ave. • Berthoud, CO S0513 • (970) 532-2264 I September 21, 2001 Weld County COPY Department of Planning Services Robert Anderson, Planner 1555 N. 17th Ave. Greeley, Colorado 80631 RE: Case Number Z-564 Dear Mr. Anderson, The Berthoud Fire Protection District has completed it's review of the five (5) lot PUD located west of and adjacent to Weld County Road 3 and State Highway 60. In accordance with the codes/regulations adopted by the District,the following is required: 1. Single family and two family residential developments shall have fire hydrants spaced so that no dwelling shall be more than 300 feet from the hydrant as measured via the street. Hydrants shall not be more than 600 feet apart, Note: Building envelopes may be required to ensure that all dwellings are within 300 feet of a fire hydrant. 2. Fire hydrants shall be within 15 feet of the curb or designated roadway , with no obstructions within 3 feet. 3. The minimum fire flow for one and two family dwellings having a fire area which does not exceed 3,600 square feet shall be 1,000 gallons of water per minute. Fire flow for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in the Uniform Fire Code, 1997 Edition, Table A-III-A-I. Fire Area Defined: The fire area shall be the total floor area of all floor levels within the exterior walls, and under the horizontal projections of the roof of a building. Exception: A reduction in required fire flow of 50%, as approved by the Fire Chief, is allowed when the building is provided with an approved automatic fire sprinkler system 4. The turning radius of a dead-end development access road shall be a minimum of 50 feet. AN EQUAL OPPORTUNITY EMPLOYER Page 2 COPY 5. Development access roadways shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all weather driving capabilities. If you have any questions, please direct them to me at your earliest convenience. Respectfiilly, Steve Charles, Fire Chief CC Design Development Consultants 2627 Redwing Road, Suite 350 Fort Collins, Colorado 80526 BERTHOUD FIRE PROTECTION DISTRICT Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264 Kt I� March 18, 2001 O Mr. Robert Anderson, Planner Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Garcia P.U.D. Dear Mr. Anderson: The Berthoud Fire Protection District has completed its' review of the Garcia P.U.D. The District requires the installation of approved fire hydrants so that no dwelling is greater than 500' from an approved fire hydrant. Fire hydrants must not be installed greater than 1,000 feet apart. The minimum required fire flow for dwellings 3,600 square feet or less is 1,000 g.p.m. Dwellings greater than 3,600 square feet must meet the required fire flow provisions of the Uniform Fire Code. If the required fire flow cannot be met, in addition to the fire hydrant requirements, dwellings must be protected by a residential automatic sprinkler system(13 D). Access to the Garcia P.U.D., as designed, meets the intent of the District's fire apparatus access policy. The turning radius of the turn around must be a minimum of 50'. If you have any questions,please direct them to me at your earliest convenience. Respectfully 4-oL d+ — Stephen Charles Fire Chief C Fran Garcia 914 5th Street Johnstown, CO 80534 AN EQUAL OPPORTUNITY EMPLOYER BERTHOUD FIRE PROTECTION DISTRICT POLICY BSM 86/01-006 FIRE DEPARTMENT ACCESS SECTION I PURPOSE 1.1 The purpose of this policy is to set standards within the Berthoud Fire Protection District regarding Fire Department Access. SECTION II REQUIRED ACCESS 2.1 Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 of the 1997 Uniform Fire Code for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet of (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 902.3 for personnel access to buildings. Exceptions: 1. When buildings are completely protected with an approved automatic fire sprinkler system,the provisions of Sections 902.2.1 and 902.2.2. 2. When access roads cannot be installed due to location on property, topography, waterways nonnegotiable grades or other similar conditions,the chief is authorized to require additional fire protection as specified in Section 1001. 3. When there are not more than two Group R,Division 3,or Group U Occupancies,the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road may be impaired by vehicle congestion,condition of terrain,climactic conditions or other factors that could limit access. For high piled combustible storage, see Section 8101 (a)UFC, 1997 Edition For Wood Product Storage, see Section 3004.4.1,UFC, 1997 Edition For Hazardous Materials, see Section 8001.14.3.10,UFC, 1997 Edition 1 SECTION III DIMENSIONS 3.1 Dimensions: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained and indicating the established vertical clearance when approved. Vertical clearances or widths shall be increased when in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. Section 902.2.2.1 (a)UFC, 1997 Edition 3.2 Surface: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. Section 902.2.2.2 (b)UFC, 1997 Edition 3.3 Turning Radius: The turning radius of a fire apparatus access road shall be approved by the chief Minimum turning radius of a fire apparatus access road must be 20' inside and 50' outside, excluding parking areas. Section 902.2.2.3 (d)UFC 1997 Edition 3.4 Dead Ends: Dead-end fire apparatus access roads in excess of 150 feet in lei unless a longer distance is approved by the chief, shall be provided with approved provisions for turning around of fire apparatus. A minimum of 100'diameter turnaround is required, parking areas shall not be included. Section 902.2.4 (d)UFC, 1997 Edition 3.5 Bridges: When a bridge is required to be used as part of a fired apparatus access road, it shall be constructed and maintained in accordance with nationally recognized standards. See Article 90, Standard a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the chief. Section 902.2.2.5, 1997 Edition 3.6 Grade: The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. Section 902.2.2.6 U.F.C.1997 Edition 2 The Berthoud Fire Protection District would prefer that on open streets the grade of incline would not exceed 4%. However,the fire department development access roadways shall not be of a grade of incline which exceeds the standards set forth by the appropriate political subdivision planning department street standards. 3.7 Obstruction and control of fire apparatus access. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under Section 902.2.2.1 shall be maintained at all times. Entrances to roads,trails or other access ways which have been closed with gates or bathers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. 902.2.4.2 Closure of access ways. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads,trails or other access ways, not including public streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways which have been closed or obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the chief Exception: Public officers acting within their scope of duty. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed,tampered with or otherwise molested in any manner Exception: When authorized by the chief or performed by public officers acting within their scope of duty. Any fences which cross fire apparatus access roadways must open able for a clear width of 12'. Gates may be chained with a padlock,however they must not be locked in such a way as to be inaccessible by firefighting personnel using standard bold cutters for access. Any gates must be signed- "No Parking-Fire Lane" Roadways must be able to support imposed load of an aerial fire apparatus or an aerial apparatus on outriggers. 3.8 Timing: All required fire apparatus access roadways must be installed and serviceable prior to above ground combustible construction begins. 3 3.9 Multi Story Buildings: Buildings greater than two stories in height must have a thirty foot unobstructed fire apparatus access roadway on at least one side of the building for aerial operations. 1. Roadway must be able to support imposed load of an aerial fire apparatus or an aerial fire apparatus on outriggers. SECTION IV ADDITIONS Access requirements for additions to existing buildings must follow the same criteria as new buildings. When measuring access distances, the entire building, old plus new, must be considered. Watch especially for reduction in access to existing buildings. SECTION V REMODELS 4.1 Remodels of existing buildings require no additional access requirements unless the certificate of occupancy is changed or the existing degree of hazard is increased requiring more firefighting resources. Revised 3/02 4 BERTHOUD FIRE PROTECTION DISTRICT POLICY BSM 96/12-018 FIRE DEPARTMENT DEVELOPMENT ACCESS SECTION I PURPOSE 1.1 The purpose of this policy is to set standards within the Berthoud Fire Protection District regarding fire department development access. These requirements are in addition to the requirements listed under policy BSM 86/01-006. SECTION II ACCESS REFERENCE 2.1 The Berthoud Fire Protection District, as a safety consideration,prefers two points of access to a development. a. Two points of access provides the fire department an alternative access to the development in the event that one of the two access points is blocked. b. Two points of access also provided the public emergency egress from a development should a site evacuation be required. • SECTION III SPECIFICATIONS 3.1 Dead-Ends-Dead-end fire department access roads generally will not exceed 400 ft. within urban areas and 600 ft.within rural areas of the District, as defined by the Chief. Special consideration for fire apparatus turnaround may be made for dead end fire department access roads which exceed 400 ft. within the urban areas and 600 ft. within the rural areas of the District at the discretion of the Chief. a. Street may be widened to allow for fire apparatus turnarounds which meets Section 3.2. b. Fire apparatus turnarounds will be required for dead end roads which exceed 400 ft. within the Town of Berthoud and 600 ft. within the rural areas of the District. 1. Fire apparatus turnarounds will be required on dead end roads within the urban areas as defined by the Chief as follows: 401 ft. and portions thereof in 400 ft. increments. 1 2. Fire apparatus turnarounds will be required on dead end roads within the rural areas of the District as follows: 601 ft. and portions thereof in 600 ft. increments. The Berthoud Fire Protection District may approve the use of Y on hammer dead-end turnarounds. 3.2 Street Widths - Street widths shall be in accordance with the appropriate political subdivision planning department street standards. 3.3 Street Names - Street names shall have the names of existing streets which are in alignment in the county or in an adjoining county or municipality, and shall be approved by the appropriate political subdivision planning department. 3.4 Timing- Access roadway for use of fire apparatus shall be provided to the immediate job sites at the start of the above ground combustible construction. 3.5 The temporary fire department access roadway shall be at least 20 ft. in unobstructed width, with an unobstructed vertical clearance of 13 ft. 6 in. and capable of supporting fire apparatus. 3.6 Fire department development access shall be completed as outlined in Section 3.1 prior to occupancy of any structure in the Development unless prior approval is received from the Chief. Revised 4/02 2 BERTHOUD FIRE PROTECTION DISTRICT POLICY BSM 85/05-003 FIRE PROTECTION SPECIFICATIONS SECTION I PURPOSE 1.1 The purpose of this policy is to set a standard within the authority of the Berthoud Fire Protection District regarding water distribution lines,fire hydrant specifications/location and required fire flow. SECTION H WATER DISTRIBUTION SYSTEM 2.1 Definitions a)FIRE AREA is the floor area, in square feet,used to determine the required fire flow. b)FIRE FLOW is the flow rate of a water supply,measured at 20 psi residual pressure,that is available for firefighting 2.2 Modifications a)Decreases:Fire flow requirements may be modified downward by the Fire Chieffor isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements are impractical. b)Increases: Fire flow may be modified upward by the Fire Chief where conditions indicate an unusual susceptibility to group fires or conflagrations. An upward modification shall not be more than twice the required flow, larger increases are impractical 2.3 Fire Area a) General: The fire area shall be the total floor area of all floor levels within the exterior walls, and under the horizontal projections of the roof of a building, except as modified in this section. b)Area Separation:Portions of buildings which are separated by one or more four-hour area separation walls constructed in accordance with the Building Code,without openings and provided with a 30 inch parapet, are allowed to considered as separate fire areas. c) Type I and Type H -F.R. Construction: The fire area of buildings constructed of Type I and Type II -F.R. construction shall be the area of the three largest successive floors. 1 2.4 One and Two Family Dwellings: The minimum fire flow and flow duration requirements for one and two family dwellings having a fire area which does not exceed 3,600 square feet shall be 1,000 gallons of water per minute.Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in Table No.A-III-A-I, Uniform Fire Code, 1997 Edition. Exception: A reduction in required fire flow of 50 percent, as approved by the Fire Chief, is allowed when the building is provided with an approved automatic sprinkler system. 2.5 Buildings Other Than One and Two Family Dwellings: The minimum fire flow and flow duration for buildings other than one and two family dwellings shall be specified in Table No. A-11.1-A-I,Uniform Fire Code, 1997 Edition. Exception:A reduction in required fire flow up to 75 percent, as approved by the Fire Chief, is allowed when the building is provided with an automatic sprinkler system.The resulting fire flow shall not be less than 1,500 gallons of water per minute. SECTION III FIRE HYDRANT SPECIFICATIONS/LOCATIONS 3.1 All fire hydrants installed within the authority of the Berthoud Fire Protection District shall meet the following standards: a. All fire hydrants will be A24015 Mueller improved, A423 AWWA Mueller Centurion or approved equal. b. All hydrants will have a five and one-quarter (5 1/4") inch or larger valve opening, two (2) two and one-half(2 '/) inch hose nozzles, one (1) pumper nozzle and a six (6) inch or larger mechanical joint inlet. c. All nozzles shall have National Standard threads. d. The hydrant shall be of traffic hazard type with safety features which will prevent barrel breakage. e. Specifications for the operating nut and stubs and cups shall be one (1) inch or pentagon and open right. 3.2 Single and two family residential developments shall have fire hydrants spaced so that no structure shall be more than 300 feet from the hydrant as measured via the street. Hydrants shall not be more than 600 feet apart. 3.3 Multiple family(higher density than two family)developments shall have fire hydrants spaced so that no structure shall be more than 300 feet from a fire hydrant as measured via the street. Hydrants shall be not more than 600 feet apart. 2 3.4 Commercial and industrial developments shall have fire hydrants spaced so that no structure shall be more than 300 feet from a hydrant as measured via the street. Fire hydrants shall not be more than 600 feet apart. 3.5 When a multiple family dwelling, commercial or industrial building protected by a fire protection system and the fire department connection is in excess of 150 feet from a fire hydrant,there shall be required an on site fire hydrant and water distribution lines capable of supplying the required fire flow. 3.6 Fire hydrants shall be connected to loop water distribution lines,whenever possible. 3.7 Fire hydrants shall be within 15 feet of the curb or designated roadway and with no obstruction within 3 feet. 3.8 When fire protection facilities (i.e., fire hydrant, water distribution lines, etc.) are to be installed, such facilities, including all surface access roads, shall be installed and made serviceable prior to and during the time of construction. SECTION IV WATER SUPPLY IN AREAS WITHOUT MUNICIPAL OR DISTRICT WATER DISTRIBUTION SYSTEMS 4.1 In areas more than one mile from a Municipal or District water distribution system capable of supplying the required fire flow,rural water supplies or an automatic residential sprinkler system shall be utilized. 4.2 Design and construction of cisterns,reservoirs,etc.,shall be in accordance with NFPA 1231. The owner/occupant shall provide and maintain fire department accessibility. 4.3 A residential sprinkler system shall be in accordance with NFPA 13D. Revised 11/2000 3 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of ent of erals and Geology Department of Natural Resources Weld County Planning Department 1313 Sherman Street,Room 715 GREELEY OFFICE Denver,Colorado 80203 2 Phone:(303)866-2611 OCT 1 2002 FAX:(303)866-2461 DEPARTMENT OF RECEIVED October 11, 2002 OUR CES Bill Owens Governor Greg E.Watcher Executive Director Mr. Robert Anderson Michael B.Long Weld County Planning d 4-<< e Division Director 17th Vicki Cowart 1555 N. Ave. Z/ State Geologist Greeley, CO 80631 ` and Director Re: Garcia PUD, final plan CGS Review No. WE-03-0015 Dear Mr. Anderson: Regarding the final plan: Because of the high groundwater conditions at the site, CGS recommends that note 3 of the plat notes state that it is likely that engineered systems will be required for the site. The existing note is valid but generic in that it does not alert future homebuyers that additional costs for ISDS design and installation are likely to be forthcoming. Along the same line, note 16 of the plat notes should include mention that basement construction might not be feasible because of shallow groundwater conditions. This would inform homebuyers who might be intent on a particular home design. For those who, in fact, read the plat notes, the above recommendations would prove useful. Please call me if there are any questions. Yours truly, 1) 4 , w.,_ Celia Gree• an GeologistVVVVV 02 01 : 31p Suzanne Kloster 3024850593 p. 1 tot Weld County Referral • COLORADO September 23, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Fran Garcia Case Number PF-564 Please Reply By Octcber 21, 2002 Planner Robert Anderson Project Final Plan/ Garcia Planned Unit Development(PUD)with E(Estate)Zone Uses for Five Lots with 5.65+/-acres Common Open Space. Legal Lot A of RE-2509; being part of the NE4 of Section 6,T4N, R68W of the 6th P.M., Weld County, Colorado Location South of and adj'cent to State Highway 60 and west of and adjacent to WCR 3. Parcel Number 1 061 06 000072 The application is submitted to you for review and recommendation. Any comments c r recommendation you consider relevant to this request would be appreciated. Please reply by the above- listed date so that we may give full consideration your recommendation. Any response not received be fore or on this date may be deemed to be a positive response to the Department of Planning Services. If y()Li have any further questions regarding the application, please call the Planner associated with the reque•it. Weld County Utility Board Review Meeting: November 14, 2002 U We have re vie...ed the requc.t and find that it does! ..)as not comply with our Cc mprehensive Plan ❑ We Nava revie:.ved The rercc_st and find no conflicts with our interests. 1 See ?itache.i:<ifer. Comments: • Signature • 7 Date /0 ' / Agency Lp0 �J +Weld County Plan:.ng Dept. +1555 N. 17th Ave.Greeley,CO.80631 C•(970)353-6100 ext.3540 4'(970)304-6498 fax Oct 23 02 01 : 31p Suzanne Kloster 30,344350593 p. 2 STATE OF COLORADO Bill Owens,Governor tD DEPARTMENT OF NATURAL RESOURCES . V, DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER ?t,O• - � Russell George,Director Or 6080 Broadway Denver,Colorado 80216 For Wildlife- Telephone:(300)297-1192 For People October 18,2002 Robert Anderson Weld County Planning Department 1555 N. l t Ave. Greeley, CO 80631 Subject: Final Plan/Garcia Planned Unit Development (PUD)with E(Estate)Zone Uses, Case Number PF-564,part of the NE4 of Section 6,T4N, R68W of the 6th P.M. Dear Mr. Anderson: I have visited and reviewed the subject property and proposed development as to potential impacts on wildlife. The area generally cannot be considered as critical habitat for any wildlife species. However, a check with the Division's Denver office or with the U.S. Fish and Wildlife Service as to the Preble's Meadow Jumping Mouse may be appropriate. There are 2 irrigation canals located near or on the parcel. One irrigation canal is on the northeast side of the property and the other is on the west edge of the current road that runs north to south on the west side of the property. These irrigation canals currently are supporting wetland-associated species of vegetation. Any disturbance of these areas may require consultation with the U.S. Fish and Wildlife Service for possible Preble's Meadow Jumping Mouse concerns. Mature cottonwood and willow communities are also found in association with the irrigation canal to the west of the access road. All existing cottonwood trees, willows,including dead standing trees and all dead and downed wood, trees and logs should be left as now exists for continued benefits to wildlife. Any trees that would be removed should be replaced at a 1 to 1 ratio. Other than the northeastern and western edge,the parcel is currently agricultural land. Coyote, fox, raccoon, skunk, deer, songbirds, raptors and herptofauna may frequent this area. Occasionally the irrigation canals may serve as a corridor for black bears and mountain lions traveling through the area. Homeowners should be made aware of the presence of native predators. Pets should not be allowed to roam free. All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the species being raised. Pets as well may negatively interact with wildlife even on home- sites and homeowners will be responsible for handling these problems. Homeowners should secure pet and animal feeds,trash containers, and charcoal/gas grills. Pets should have current shots. All control of nuisance wildlife will be the homeowner's responsibility with the possible exception of bears and mountain lions. DEPARTMENT OF NATURAL RESOURCES,Greg E,Walther,Executive Director VVILDUFE COMMISSION,Rick En*om,Char•Robed Shoemaker,V ce-Chat•Marianna Rehopaios,Secretary Members,Bernard Black•Tom Burke•Phip James•Brad Phelps •Olive Valdez ExOfficio Members,Greg E.Welcher end Don Amend Oct 23 02 01 : 32p SuT.anne Kloster 303.4850593 p. 3 Homeowners should also be aware that hunting would be an ongoing fall and winter activity on lands near the vicinity of the development. Shooting will occur normally in the early mornings until dark on these areas. The sounds of gunfire may be somewhat distracting,yet should be noted to the potential owners and developer. Thank you for your consideration of these comments. Sincerely, Suzanne Turner-Kloster Wildlife Manager Colorado Division of Wildlife 4207 W. Cty. Rd. 16E Loveland, CO 80537 WARRANTY DEED THIS DEED, Made this 30th day of January , 2001 between Schrage Living Trust of the County of Weld and State of Colorado grantor,and Francisco Garcia, Jr. as to an undivided 70% interest and Francisco Garcia, Sr. as to an undivided 30% interest whose legal address is 914 N. 5th Street, Johnstown, CO 80534 of the County of Weld and State of Colorado .grantee: W ITNESSETH,That the grantor,for and in consideration of the sum of Three Hundred Fifty Thousand and No/100 DOLLARS.($350,000.00 )' the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee,his heirs and assigns forever,all the real property together with improvements.if any,situate,lying and being in the County of Weld ,and State of Colorado. described as follows: Lot A, Recorded Exemption No. 1061-06-1—RE2509 according to the map recorded October 8, 1999 at Reception No. 2725534, being a portion of the Northeast 1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, less any portion contained within Volney Chapman Reservoir as shown in that instrument recorded November 25, 1885 in Book 59 at Page 67 of the Weld County, Colorado records, County of Weld, State of Colorado. also known by street and number as 23857 WCR 3, Loveland, CO 80537 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right.title,interest. claim and demand whatsoever of the grantor,either in law or equity,of, in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargainer)and described,with the appurtenances, unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant.grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed. has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants,bargains,sales, liens, taxes,assessments. encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and rights—of—way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Schrage Living Trust I � e ore H. Schrage, Trustee STATE OF Colorado ) )ss. COUNTY OF Lan liner ) The foregoing instrument was acknowledged before me(his 30th day of January, 2001 lay Theodore H. Schrage as Trustee of the Schrage Living Trust My Commission expires: August 4, Witness ray hand and of I. P.. PUiik. . •:� anet R. Joneslar I i IAMET P 1 WARRANTY NERD(for Phntopaphle Renard)( ^"d JONES • y•• p8 Firs"hmerican Heritage Title f^ 375 West 37th Street, 4150 Loveland, CO 80538 PHONE: (970) 669-7515 FAX: (970) 669-0119 PURCHASERS SETTLEMENT STATEMENT PREPARED FOR: NOT APPLICABLE CASE NO.: LR49451B00 PROPERTY ADDRESS: 23857 WCR 3 LOVELAND, COLORADO 80537 SELLER: SCHRAGE LIVING TRUST PURCHASER: FRANCISCO GARCIA, JR. AND FRANCISCO GARCIA, SR. SETTLEMENT DATE: JANUARY 30, 2001 DATE OF PRORATION: JANUARY 30, 2001 LEGAL DESCRIPTION: L A, REC EX 41061-06-1-RE2509 COUNTY OF WELD STATE OF COLORADO DESCRIPTION DEBIT CREDIT 1. SELLING PRICE $ 350,000.00 $ 2. SI-MORTGAGE POLICY-CONY 70.00 3. TAX CERTIFICATE TO FIRST AMERICAN TITLE INSURAN 15.00 4. DEED RECORDING FEES 5.00 5. DEED DOCUMENTARY FEE 35.00 6. TAXES FOR CURRENT YEAR 29 DAYS AT $ .6587 19.11 7. DEPOSIT PAID TO SELLER 5,000.00 8. CLOSING FEE TO FIRST AMER. HERITAGE 100.00 Sub-Totals $ 350,225.00 $ 5,019.11 Balance due from Purchaser $ $ 345,205.89 TOTALS $ 350,225.00 $ 350,225.00 APPROVED AND ACCEPTED Sales or use taxes on personal property not included. FIRST AMERICAN HERITAGE TITLE CO assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee funds as indicated. Purchaser si Broker/Agent .� Francisco Garcia, J Not Applicable d /' /n (fr e Purchaser ,sir sco �iae S+- Closing A nt 1 Francisco Garcia, Sr. st America eritage Title Co • Pile.LN4915ulC TITLE DEPARTMENT - DELIVERY TRANSMITTAL `'' MFR, FIRST AMERICAN HERITAGE TITLE CO h' 1000 Centre Avenue•Fort Collins,CO 80526•Ph:(970)493-3051•Fax:(970)224-2177 ' a40 First American Heritage Title NOVEMBER 22, 2000 Title Company n, .,realop.ar..r,, ORDER NO: LR49451B00 ADVANTAGE PROP. ADDR: 23857 WCR 3, Loveland, Colorado 80537 OWNER/BUYER: Francisco Garcia, Jr. PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: !CLOSING First American Heritage Title Co ATTN: Janet Jones/Loveland OFFICE Loveland Escrow Office 375 West 37th Street, #150 PHONE: (970) 669-7515 Loveland, CO 80538 FAX: (970) 669-0119 # COPIES: 1 ROUTING METHOD: DELIVER TO: ATTN: Theodore Schrage 866 State Hwy 60 PHONE: Loveland, CO 80537 FAX: # COPIES: 1 ROUTING METHOD: MAIL TO: ATTN: t St. PHONE: Johnstown, CO 80534 FAX: # COPIES: 1 ROUTING METHOD: MAIL THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: TRANSMIT File LR4945I BOO • File/I LR4945 I BOO SS. i"L \a\ Ir J` FIRST AMERICAN HERITAGE TITLE COMPANY INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 -- Requirements 3 SCHEDULE 8-2 -- Exceptions 4 CONDITIONS 1-A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. NFAMJAT Pike LR49451B00 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B - Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. 200-200-1 _ ..... File I LR49451B00 Form No. 1343(CO-B7) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent, First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effec- tive as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commit- ment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The,Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on page 1-A. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First Amer` PRESIDENT i�c/an Title Insurance Company (jarN a/f GPI'(\tLE irySU• cBYX/ . �OPP Oq4� • a o : o N SEPTEMBER 24, l j •1968 .. "4l / 4t y • BY SECRETARY C 'LIFOPN\P BY COUNTERSIGNED F.M. uwvuiea, FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue•Fort Collins,CO 80526•Phone: (970)493-3051 •FAX: (970)224-2177 COMMITMENT SCHEDULE A Commitment No: LR49451B00 1. Commitment Date: November 13, 2000 at 7 :29 A.M. 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy - Proposed Insured: $ 350, 000 . 00 Francisco Garcia, Jr. (b) Loan Policy - Proposed Insured: $ 345, 000 . 00 To Be Assigned 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Schrage Living Trust 4. The land referred to in this Commitment is described as follows: Lot A, Recorded Exemption No. 1061-06-1-RE2509 according to the map recorded October 8, 1999 at Reception No. 2725534, being a portion of the Northeast 1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, less any portion contained within Volney Chapman Reservoir as shown in that instrument recorded November 25, 1885 in Book 59 at Page 67 of the Weld County, Colorado records, County of Weld, State of Colorado. (for informational purposes only) 23857 WCR 3 PREMIUM: Owner's Policy $ 977. 00 SI-Mortgage Policy-CONY $ 70 . 00 Tax Certificate $ 15. 00 11/22/00 11 : 33 : 00 cm SF1278 :rrcocr 11/22/00 10 : 06 :44 cm SF1278 Fuca LRa9a31800 NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION • When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S. ) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. 11/22/00 10 : 06: 45 cm SF1278 File# LR49451BO0 Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. LR49451B00 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. Cc) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) The following documents satisfactory to us must be signed, delivered and recorded: 1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule A, Item 2A. 2. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A, ' Item 2 (b) . NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000. 00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604. 5 (NONRESIDENT WITHHOLDING) . 11/22/00 10 : 06: 46 cm SF1278 Files LR49451800 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 Order No. LR49451B00 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1 . Taxes and Assessments not certified to the Treasurer's Office. 2 . Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments, now or heretofore assessed, due or payable. 7. An easement for ditch and incidental purposes granted to the Consolidated Home Supply Ditch and Reservoir Company by the instrument recorded February 4, 1890 in Book 76 at Page 244. 8. An easement for ditch and incidental purposes granted to Volney Chapman by the instrument recorded February 3, 1890 in Book 87 at Page 261 . 9 . The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded May 15, 1896 in Book 51 at Page 321; and any and all assignments thereof or interest therein. 10 . Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 . 11. Terms, conditions, provisions, agreements and obligations specified under the Grant of Right-of-Way by and between Alfred Hinrichsen and The Little Thompson Valley Water District recorded February 5, 1964 in Book 506 at Reception No. 1428306. 12 . Any assessment or lien of Big Thompson Soil Conservation District, as disclosed by the instrument recorded August 12, 1948 in Book 1232 at Page 354. 13 . Any assessment or lien of Berthoud Fire Protection District, as disclosed by the instrument recorded June 29, 1950 in District Case No. 10552 . --Continued 11/22/00 10 : 06 :48 cm SF1278 Flea LeaeasiBOO Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR49451B00 14. Terms, conditions, provisions, agreements and obligations specified under the Right of Way Contract by and between Alfred C. Hinrichsen and Matilda Hinrichsen and Associated Oil and Gas Co. recorded April 29, 1965 in Book 540 at Reception No. 1462318. 15. An easement for the construction, operation and maintenance of the main concrete lined canal and incidental purposes granted to the Consolidated Home Supply Ditch and Reservoir Company by the instrument recorded December 12, 1965 in Book 557 at Reception No. 1478659 . 16. Any assessment or lien of Little Thompson Valley Water District, as disclosed by the instrument recorded April 16, 1968 in Book 593 at Reception No. 1515370 . 17. Any assessment or lien of Northern Colorado Water Conservancy District, as disclosed by the instrument recorded February 25, 1972 in Book 662 at Reception No. 1584363 . 18. Restrictions as contained in Deed to Theodore H. Schrage and Ruth M. Schrage, recorded May 8, 1973 in Book 691 at Reception No. 1612775, as follows: a. Excepting a well located in 6.88 acre reservoir site. b. Also subject to an easement from Home Supply Ditch to West line of subject property, thence along said West line North to the 4 acres in the Northwest corner of the East 1/2 of the Northeast 1/4 of Section 6, Township 4 North, Range 68 West, which easement is 10 feet in width, for the purpose of transporting irrigation water from the Home Supply Ditch to said 4 acre parcel. Said easement is to be surveyed at expense of holder thereof and is to be tiled and buried as it runs from the Home Supply Ditch to the West line of subject property, thereby allowing the passage of equipment and machinery over the same. The tiling and burying of the water line to be the expense of holder. 19 . An easement for electric transmission or distribution line or system and incidental purposes granted to Poudre Valley Rural Electric Association by the instrument recorded September 28, 1973 in Book 700 at Reception No. 1622199 and 1622202 . 20 . An Oil and Gas Lease, from Theodore H. Schrage and Ruth M. Schrage as Lessor(s) to A. T. Skaer as Lessee(s) dated November 19, 1973 , recorded April 14, 1975 in Book 736 at Reception No. 1657972, and any and all assignments thereof or interests therein. CONTINUED 11/22/00 10: 06 :49 cm SF1278 File LRa9451 B00 Form No. 1344-22 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR49451B00 NOTE: Affidavit showing Pooling Agreement recorded May 17, 1976 in Book 767 at Reception No. 1688607 in connection with the above Oil and Gas Lease. 21. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between John H. Chilson and Theodore H. Schrage and Ruth M. Schrage recorded April 21, 1976 in Book 765 at Reception No. 1686632 . 22 . Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between John H. Chilson and J. Arthur Anderson recorded June 2, 1972 at Reception No. 1686633 . 23 . Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement by and between Alfred C. Hinrichsen and Matilda Hinrichsen and John M. Chilson recorded April 21, 1976 in Book 765 at Reception No. 1686634. 24. An easement for electric transmission lines and incidental purposes granted to Platte River Power Authority by the instruments recorded February 15, 1977 in Book 789 at Reception Nos. 1711265, 1711267 and 1711268. 25. Terms, conditions, provisions, agreements and obligations specified under the Agreement regarding an easement by and between Consolidated Home Supply Ditch and Reservoir Company and The Handy Ditch Company recorded September 20, 1999 at Reception No. 2721515. 26. Easement and Right-of-Way Agreement with Little Thompson Water District recorded June 12, 2000 at Reception No. 2774217. 27. The following matters as shown on The Exemption Map recorded October 8, 1999 at Reception No. 2725534: a. Right-of-way for Weld County Road 3 along the East property line. b. Right-of-way for Colorado State Highway 60 along the North property line. c. Ditch Easement along the South property line and Northeast property line. d. Building Site and Proposed Access Road. e. Oil well, water separator and oil storage. f. All Notes . CONTINUED _'_/22'00 10 : 06 : 50 cm SF1278 File 11 LRa9451B00 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR49451B00 g. Right to Farm Covenant. Report Date: 11/17/2000 08:09AN1 WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 15141 SCHEDULE NO: R0027893 ORDER NO: ER49451900 ASSESSED TO: VENDOR NO: 32 SCHRAGE LIVING TRUST FIRST AMERICAN HERITAGE TITLE 866 STATE HWY 60 1000 CENTRE AVENUE LOVELAND, CO 80537 FT COLLINS CO 80525 LEGAL DESCRIPTION: 25694-A E2NE4 6 4 68 EXC BEG S89D59'W 1344.33' FROM NE COR OF SEC S2D37'E 581.45' N89D59'E 300' N2D37'W 581.45' S89D59'W 300' TO POB EXC BEG NE COR SD NE4 S89D59'W 371.53' ALG N LN SEC S 30' S19D50'E 60' S28D31'E 100' S26D32'E 200' S36D55'E 75' S50D31'E 130' S57D25'E 84.55' N86D32'E 30' TOE LN NE4 ALG SD E LN NO3D27'W 540.55' TO BEG (2.14R8DIS7RES) SITUS: 866 60 HWY 001 WELD 00000 SITUS: 866 60 HWY 002 WELD 00000 SITUS: 866 60 HWY 003 WELD 00000 PARCEL: 106106000072 SITUS ADD: 866 60 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 1999 TAX 2,054.40 0.00 0.00 2,054.40 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 11/17/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 2001 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 521.86 Land 23,302 6,760 SCHOOL DIST R2I 52.796 1,250.20 Exempt 0 0 NCW WATER 1.000 23.68 Improve 168,913 16,920 LTW WATER 0.000 0.00 BERTHOUD FIRE 7.674 181.72 Total 192,215 23,680 WELD LIBRARY 3.249 76.94 86.757 2,054.40 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST I, REAL PROPERTY-AUGUST I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number. personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes,unless specifically mentioned. I. the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may sf be redeemed with the amount Nov b required for redemption are as noted herein. In witness whereof, I have hereunto set my hand a se [piss da�eG 2000. TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 07/10/02 11:24AM DELINQUENT TAX NOTICE Bill#:4306 Page: 1 ACCOUNT NO: R0527701 WELD COUNTY TREASURER ASSESSED TO: Donald D. Mueller GARCIA FRANCISCO JR (UND 70% INT)& P.O. Box 458 GARCIA FRANCISCO SR (UND 30% INT) Greeley, CO 80632 1959 BLANCA CT (970) 353-3845 ext. 3290 LOVELAND, CO 80538-5022 LEGAL DESCRIPTION: PT E2NE4 6-4-68 LOT A REC EXEMPT RE-2509(1.33R4D) PARCEL: 106106000087 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST PEN,FEES PAID TOTAL DUE 2001 TAX 331.08 3.31 0.00 165.54 TOTAL TAXES 168.85 GRAND TOTAL DUE GOOD THROUGH 07/31/2002 168.85 IF PAYING AFTER"GOOD THROUGH DATE', CALL FOR THE NEW AMOUNT DUE. CONTACT YOUR MORTGAGE COMPANY IF THEY ARE RESPONSIBLE FOR PAYING THE TAXES. ALL PAYMENTS MUST BE MADE IN CASH OR CERTIFIED FUNDS AFTER OCTOBER 1,2002. NO PERSONAL CHECKS ARE ACCEPTED ON PRIOR YEAR'S TAXES(TAX LIEN SALE). PAYMENT MUST BE MADE BY CERTIFIED FUNDS(CASH,CASHIERS CHECK, ETC.) THIS IS YOUR FINAL NOTICE. TAXES WILL BE SOLD AT TAX LIEN SALE IF PAYMENT IS NOT RECEIVED IN THE TREASURER'S OFFICE BY NOVEMER 4,2002. cfre* ad-4.) PAID JUL 26 2002 miti.MIEW COU ' JRER • HACIENDA BUILDERS, INC. 3608 at. FRANCISCO GARCIA, JR. HIM 1959 BLANCA CT. =momsL LOVELAND, CO 80538 82-216/1070 (970) 461-2977 DATE 7-a-L/- a a_ PAYTO THE I,. Q G ORDER OF 1j eatH- ;. G� I $ /�L j LW-kJ // ((�� / /��� tY0 Lde. J <. -4114-14Set-A �%'1 �— DOLLARS 8 AMERICAN BANK 300 E.29TH ST. LOVELAND,COLORADO 80538 �/(970)669-1776 FOR dal. -Ly"J:eS H'00 3608" I: 10 700 2 16 31: 0 28 S 2 5" 07/10/02 11:24AM DELINQUENT TAX NOTICE Bill#:4306 Page: 1 ACCOUNT NO: R0527701 WELD COUNTY TREASURER ASSESSED TO: Donald D. Mueller GARCIA FRANCISCO JR(UND 70% INT)& P.O. Box 458 GARCIA FRANCISCO SR(UND 30% INT) Greeley, CO 80632 1959 BLANCA CT (970) 353-3845 ext. 3290 LOVELAND,CO 80538-5022 LEGAL DESCRIPTION: PT E2NE4 6-4-68 LOT A REC EXEMPT RE-2509(1.33R4D) PARCEL: 106106000087 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST PEN,FEES PAID TOTAL DUE 2001 TAX 331.08 3.31 0.00 165.54 TOTAL TAXES 168.85 GRAND TOTAL DUE GOOD THROUGH 07/31/2002 168.85 IF PAYING AFTER"GOOD THROUGH DATE", CALL FOR THE NEW AMOUNT DUE. CONTACT YOUR MORTGAGE COMPANY IF THEY ARE RESPONSIBLE FOR PAYING THE TAXES. ALL PAYMENTS MUST BE MADE IN CASH OR CERTIFIED FUNDS AFTER OCTOBER 1,2002. NO PERSONAL CHECKS ARE ACCEPTED ON PRIOR YEAR'S TAXES(TAX LIEN SALE). PAYMENT MUST BE MADE BY CERTIFIED FUNDS(CASH,CASHIERS CHECK, ETC.) THIS IS YOUR FINAL NOTICE. TAXES WILL BE SOLD AT TAX LIEN SALE IF PAYMENT IS NOT RECEIVED IN THE TREASURER'S OFFICE BY NOVEMER 4,2002. PAID JUL 26 2.002 Alp C0U JRER HACIENDA BUILDERS, INC. 3608 •ibb% FRANCISCO GARCIA, JR. "'•' 1959 BLANCA CT. LOVELAND, CO 80538 82-216/1070 (970) 461-2977 DATE 7-a-t( 6a- PAY TO THECue /�._ /J /f s y $ 1O ORDER OF J Cue /� eo-t �J/, L �� 6' l hum �, +� -4 g�+Gc meet-2" DOLLARS 8 AMERICAN BANK 300 E.29TH ST. LOVELAND,COLORADO 80538 � (970)6691776 FOR d+ -Cr"- S ___ _______ _ 11.00 3 60811• I: LO 700 2 L 6 3f: 0 28 5 2 50 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS PF-564 SCHRAGE TRUST MAG PIE OPERATIONS 866 STATE HWY 60 JIM WARNER LOVELAND, CO 80537 2707 SOUTH COUNTY ROAD#11 LOVELAND, CO 80537 PHILLIPS RR 1 BOX 272 BRIDGEPORT, NE 69336 GENEVIEVE CLARK TRUST C/O BRUCE PETERSON 1312 GREYSTONE BARTLESVILLE. OK 74006 KASUBKE 2167 LDERBERRY ROAD GOLDEN, CO 80401 KENNEY 23955 WCR 3 LOVELAND, CO 80537 DESIGN DEVELOPMENT DONALD LEFFLER 2627 REDWING ROAD 350 CERTIFICATE OF MAILING FORT COLLINS, CO 80525 I hereby certify that I have placed a true and CASIASCO correct copy of the surrounding property owners 0750 E. STATE HWY 60 and owners and lessees of minerals in LOVELAND, CO 80537 accordance with the notification requirements of Weld County in Case Number PF-564 in the BADER United States Mail, postage prepaid First Class PO BOX 738 Mail by letter as addressed on the attached list ABIQUIU, NM 87510 this 23rd day of September, 2002. GARCIA 914 N. 5TH STREET JOHNSTOWN, CO 80534 •f)c �a Aron SANCHEZ I/ � 501 WCR 48 Donita May BERTHOUD, CO 80513 PETERSON 1312 GREYSTONE BARTLESVILLE, OK 74006 ELMQUIST 8724 1-25 FRONTAGE ROAD E LONGMONT, CO 80504 GARCIA 1959 BLANCA COURT LOVELAND, CO 80538 APO of Colorado ` I 610 East County Road 76 Wellington CO 80549-2011 -�■�� 970-568-7369 Fax 970-568-95904•0111 September 4, 2001 Donald Leffler Design Development Consultants 2627 Redwing Rd Ste 350 Fort Collins Co 80525 The attached list of affected property owners was prepared by our office for the Garcia site , Weld County Co.— 11 names. To the best of our knowledge this list is a current and accurate representation of the owners of record and their respective addresses as recorded for tax notices at the Weld County Assessor's Office in the state of Colorado on August 31, 2001. The area of affected property owners was determined by our offices using the site map provided by your office. APO of Colorado expressly disclaims any responsibilities for errors, omissions or inaccuracies that may arise as a result of the reference plat provided by the Weld County Assessor's Office, their GIS maps or computer records. Respe ally submitted, 'Dale & Gloria Boresen Owners, APO of Colorado Thank you for using APO of Colorado! APO of Colorado 610 E County Rd 76 Wellington, CO 80549-2011 Telephone 970-568-7369 Fax 970-568-9590 Invoice Number Sold To: 877 Design Development Consultants Invoice Date: 2627 Redwing Rd Ste 350 Jul 24, 2002 Fort Collins, CO 80526 Customer ID: Design Invoice Description Extension Update of 500'APO list for Garcia site, Weld& Larimer Counties - 12 names 25.00 Payment Due Upon Receipt Total Invoice Amount 25.00 Payment Received TOTAL 25.00 We research and make mailing labels for affected property owners GARCIA SITE -WELD CTY DESIGN DEVELOPMENT FRAN4P.MPfa PAF?PIA DESIGN DEVELOPMENT DONALD LEFFLER 1959 BLANCA CT BY APO OF COLORADO 2627 REDWING RD, 362 LOVELAND CO 80538 14 FORT COLLINS CO S0525 SCHRAGE TRUST ROGER KENNEY ANTHONY& 866 STATE HWY 60 23955 WELD CTY RD 3 LORI SANCHEZ I OVF!.AND)CO 805;17 LOVELAND CO 80537 501 WELD E DD CTY CO RD 48 BERTH13 GARY R JOAN PHII I IPC CATHERINE CASIASCO BRUCE& r7,73 1 De-NV h?'1 r-7Cn C CTATC 1J\A!V an VELMA PETERSON MIN 1 Lls.-/."L I L V/JV L,L)1 1'1 I 1-1 V Y I UV BRIDGEPORT NE 69336 LOVELAND CO 80537 1312 GREYSTONE BARTLESVILLE OK 74006 GENEVIEVE CLARK TRUST RICHARD& RAYMOND & CIO BRUCE PETERSON CATHERINE HANES LORRAINE ELMQUIST 1312 GREYSTONE 2605 E CTY RD 14 87241-25 FRNTG RD E BARTLESVILLE OK 74006 LOVELAND CO 80537 LONGMONT CO 80504 THOMAS& PAUL & MARILYN KASUBKE JENNI BUKOWSKI PO BOX 16910 2307 EAST CTY RD 14 GOLDEN CO 80401 LOVELAND CO 80537 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: SPP Attachcri r,Prga1 Property Legal Parcel Number: 10610600072 STATE OF COLORADO ) ss. COUNTY OF WELD) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge,the attached list is a true and accurate list of the names and address of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the real property records in the Weld County Clerk and Recorder's Office. By: 4-A-_____ Title: Fran C4arria, Owner n The foregoing instrument was subscribed and sworn to me this �J"day of 7 , c206/ . WITNESS my hand and official seal. My Commission Exp$Q g nmmiccinn F..1-fires 12/28/2003 1 Notary Public a I ;4OTARY ••. s PUBLIC •. 'i�FCF coup' 13 -+� PUD CHANGE OF ZONE: NAMES OF MINERAL OWNERS AND LESSEES ON SUBJECT PROPERTY Please print or type ADDRESS,TOWN/CITY, NAME STATE AND ZIP CODE Fran Garcia Jr. 70% interest 914 N. 5th St. Johnstown, CO. 80534 Fran Garcia Sr. 30% Owner Iet p3e—ds. C—r Lou EsuLet> GO• be$38 Jim Warner, Maq Pie Operations Oil & Gas Leasee, 2707 South County Rd. #11 , Loveland CO. 80537 14 LO/09/2001 MAGPIE OPERATING, INC. PAGE 1 )9 :51 : 08 REVENUE DISTRIBUTION FILE LISTING PROPERTY LFU TR44 TRACT 44 DL: 50 TRACT 44 OWNER NAME DECIMAL FORCE INT SEV MKT PAY 999500 MAGPIE OPERATING, INC. 0 . 86412020 Y WI Y Y D 11138 WILDHORSE PEAK LITTLETON, CO 80127 TAXID. . . 84-1189774 EB0001 ELMQUIST BROS . PARTNERSHIP 0 . 00261680 N RI Y N P 8724 I-25 FRONTAGE RD E. LONGMONT, CO 80504 TAXID. . . 84-1063887 EL0001 LORRAINE ELMQUIST 0 . 00261690 N RI Y N P 8724 I-25 FRONTAGE ROAD LONGMONT, CO 80504 TAXID. . . 523-20-0149 ER0001 EVERGREEN RESOURCES, INC. 0 . 00581740 N ORR Y N P P. O. BOX 660 DENVER, CO 80201-0660 TAXID. . . 84-0834147 HJH001 JOHN H. HAINS, JR. 0 . 00623790 N RI Y N P BOX 831 LYONS, CO 80540 TAXID. . . 559-42-6771 HPC002 HEWLETT-PACKARD COMPANY 0 . 00506240 N ORR Y N P ATTN: CUSTOMER SERVICE M.S. BU 203 P. O. BOX 301 LOVELAND, CO 80537 TAXID. . . 94-1081436 SFP001 SWANSON FARM A PARTNERSHIP 0 .00523370 N RI Y N P 13125 COUNTY LINE ROAD LONGMONT, CO 80501 TAXID. . . 84-0829069 STR001 THEODORE H. & RUTH M. SCHRAGE 0 .10829470 N RI Y N P 0866 STATE HWY 60 LOVELAND, CO 80537 TAXID. . . 489-32-0657 TOTAL WORKING INTEREST: 0 . 86412020 ROYALTY INTEREST: 0 .12500000 OVERRIDE INTEREST: 0 . 01087980 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, November 14, 2002, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue, Greeley, Colorado. Members Present: Doug Dalton, Don Carroll, and Jerry Adams. Also Present: Kim Ogle for Robert Anderson, Planner; Donita May, Secretary; Peter Schei, Department of Public Works; Don Leffler, representing the applicant, Fran Garcia. 1. APPLICANT: Fran Garcia CASE NUMBER: PF-564 PLANNER: Robert Anderson REQUEST: Final Plan/Garcia Planned Unit Development (PUD)with E (Estate) Zone Uses for Five Lots with 5.65 +/-acres Common Open Space LEGAL: Lot A of RE-2509; being part of the NE4 of Section 6, T4N, R68W of the 6`" P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 60 and west of and adjacent to WCR 3. Doug Dalton, Chair, Xcel Energy, called the meeting to order. Kim Ogle, for Robert Anderson, Planner, presented case PF-564. Don Carroll, Public Works suggested that the perimeter easement be straight, adjacent to the property line through that section. Mr. Carroll said that what may happen in the future, if the tank batteries do go away, will be a strange easement on a circular pattern crossing two lots, and that would not appear to make good sense at this location. Doug Dalton, Xcel Energy suggested the 200 foot easement be called a setback instead and put in as an easement along the perimeter, which would also help with the building envelopes because it is going to be tight anyway. Mr. Carroll pointed out that if a building technician were to take a look at the building envelope and there is a utility easement right in the center, it could possibly be a problem at that location. Don Leffler, the applicant's representative, suggested that they make that continuous with the property line between Lots 1 & 2 to make the utility easement on both sides of that run parallel with the property line. Mr. Carroll asked Mr. Leffler if he had been in contact with the State Highway Department to see if they were asking for any future right-of-way off of HWY 60? Mr. Leffler replied that they had been in contact with CDOT and have submitted a letter and a response from CDOT. Mr. Leffler also pointed out that the plat designates a 75 foot right-of-way dedication with an additional 25 foot right-of-way reservation put in place adjacent to Highway 60. This information has been placed on the final plat. Mr. Dalton asked if there were any comments from the fire agency on this because of the turn-around? Mr. Leffler said the round-about they have done does meet the design criteria as far as the fire department is concerned. Mr. Dalton asked for any other concerns or comments. Mr. Carroll asked Mr. Leffler if they had contacted most or all of the utility companies to verify that they are comfortable with the easements or are there any requests? Mr. Leffler replied that Mr. Garcia, the applicant, had been doing that because he is getting ready for the construction portion of the project, and so far has not gotten any additional comments addressing the boards concerns regarding the easements on the property lines. Jerry Adams, Greeley Gas (Atmos), said he noticed that some of the perimeter easements are called out as LTWD (Little Thompson Water District) utility easements. He was not really sure what that meant and asked if any utility can use those easements? Mr. Leffler indicated that those are filings that were made by Little Thompson Water District and recorded specifically to show up on the deed and the drawings, and are exclusive to the LTWD. Mr. Adams said it looks to him that if he was trying to access the subdivision, he would need some kind of a perimeter utility easement that he could use to get off of WCR 3 right-of-way. How would he do that? Mr. Leffler responded that they have in place a 20 foot utility and drainage easement surrounding the perimeters of all of the lots. Mr. Dalton said he didn't see where they could cross since Little Thompson Water District had the easements on the north and the east, so utilities would have to come in through the road access. Mr. Leffler said parallel to WCR 3 there is an LLUE, an all inclusive landscape utility easement, as well as the landscape and open space, which actually overlays the Little Thompson Water District easement, giving all of the utilities a right to be in the LTWD easement. Mr. Carroll asked Mr. Leffler if there were any notes on the plat that would hinder utilities from utilizing or crossing the open space or landscaped areas? Mr. Leffler replied that there are no restrictions on this. Mr. Dalton asked if there was a motion to approve with the additions the board has requested? Mr. Adams made a motion to approve PF-564 with the following two modifications: change the utility easement, called out as a 200 foot setback, and move that utility easement parallel to the rear lot lines along Lots 1 & 2; and continuing the side lot utility easement between Lots 1 & 2 to meet with that easement. Mr. Carroll seconded. Motion passed. Respectfully submitted, UtLJO„ 1- Donita May Secretary Agreement for Water Main Extensions This agreement,made and entered into this y —day of .h?'_,by and between LITTLE THOMPSON WATER DISTRICT.hereinafter called the"District"and F'" tel Gel 4 - hereinafter called"Customer". is upon the following terms and conditions, to-wit: I. The District i3 Organised as a special district under laws of the S tate of Colorado serving treated water within the District as may now be established.or as hereinafter established.The Customer is either a taxpaying elector within the District.or desires to receive water service and to:oin the District. 2. The Customer desires to obtain water service for the "property" described in this Agreement. 8. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water sen ice to :he property:but the District may construct said mains,or the District may approve construction by the Cntomer.or:he Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains.The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation.After completion of all construction and acceptance by the District,a final adjustment of costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction, then the Customer shall pay to the District,on demand. additional advances towards the cost of construction. C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right,title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed.Such transfer shall be made free andclear of all liens and encumbrances.and the Customer shall furnish sufficient evidence of tide or a"form 100"title policy if required by the District.The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to in sure:hat all construction costs have been patd in full,All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities.The District,upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities, the District shall approve and accept :he transfer and shall thereafter assume operation and maintenance of the lines.In no eventshall the District assume ownership,operation or maintenance of any installation on ;he service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be hereafter adopted by the District.The Customer shall commence payment of established rates of the District,including minimum fees,on the date of installation of a tap and water k available for use at the tap. 6. The District, pursuant to the terms of this Agreement, will only be obligated to serve the tap site shown on this Agreement, 6. The terms of this Agreement shall apply to she property described herein,and the taps hereinafter provided may be used only upon said property. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District.If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct,operate and maintain the facilities herein described, together with the full right of ingress and egress,and to cut and trim trees and shrubbery to the extent necessary.The Customer shall obtain and convey to the District all easements required by the District,and the District shall not be responsible for any delay in providing service in the event of failure to provide such easements.Furthermore,failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect,and the Customer shall forfeit all money or rights theretofore transferred to the District, 9. The facilities herein described are requited by the Customer by date hereinafter stated.In the event the District installs the facility,the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, governmental authority. action of the elements.accident,strikes, labor trouble,inability to secure materials or equipment,or any cause beyond the reasonable control of the District. the District shall not be liable therefore or for damages caused thereby, 10, In the event :he District installs the facilities, the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines, cut streets, alleys and easements to anal grade and prior to the paving of streets,and the construction of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. I I. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and regulations as now established or as may hereafter be established by the District.No water service may be obtained except upon property included within the boundaries of the District.Customer agrees that no other person shall be permitted to use water provided by the taps herein described. 12. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement.then this Agreement shall become null and void.In such event,the District may setoff against thedcposit herein provided for the amount of its expense and return the balance of such deposit, if any,to the Customer.Customer agrees to pay all expense incurred by the District in excess of such deposit. LTWD FORM 210 'Rn.May tail rape 1 of 2 ,l Agreement for Water Main Extensions 13. (Delete if inapplicable.)In order to off set the cost of water to supply the property herein described,the Customer agrees to sell to the District the number of aae•foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the amount for each unit,hereinafter described.Customer shall not receive cash for such units transferred to the District,but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the r,umber of taps hereinafter provided within the above-described property,andeach tap shall not exceed 374 inches.No raps will be served by the District until all of the terms and conditions of this Agreementhave been fulfilled by the Customer,including transfer of the above-described water rights.The taps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer.Any such transfer shall be made to property owned by the Customer.and such property, and the Customer, shall meet all rules,regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property,or at any other place shall expire and become null and void 20 years from the date of this Agreement.Customer may not encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto.In all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District, the District may pay tap rebates to the Customer upon receipt of a fully paid tap Fee from another party to serve property not included within the below described property.These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rutea and Regulations.The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5 year period,the District shall have no further obligation to make refunds.The total amount of the rap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District.District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war. riot,insurrection. Act of Cod, or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend, modify,alter or waive any provisions of this Agretmrent.Any promises,agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls, penalties. or charges for services, programs. or facilities furnished by the District constitute a perpetual lien on the property herein described,and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens,§32-1-1001t 1)(j),C.R.S. 1973(1981 amendments).In the event Customer fails to abide by any of the terms or conditions of this Agreement. Customer agrees to pay all costs and expenses Incurred by the District as a result of the breach including direct and consequential damages, loss of revenue, attorney fees, court costs, expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives,successors and assigns of the parties hereto. Except as provided herein, the Customer may not assign all or any part of any interest in this Agreement to any person. IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first above written, LITTLE THOMPSON 7,ATER DI/STRICT CUSTOMER By: alga F / .'(//( By: - ��VVV Mailing Address: (4 '4 edsvd4 cr. Ratified by LTWD Board of Directors on: Lill) kela Gfl 8tps- '/s b t'E1nL!liLI 4 Z T� Telephone: q l P till- 47- 1) Real Estate Description for Agreement ('property'): GA KanP,vQ N W ile, 5�G • 6 ;'- N , , , gtv wGeep Nry 2)Amount of Deposit:11 / 3) Date Customer needs facilities: U N ('tWC ti1J gg, 4) Number of Northern Colorado Water Conservancy District uniukraa sterred to District: 3 5) Price per unit of Northern Colorado Water Conservancy District water. VP'.hWa4P, 6)Tap Six:5/8 x 3/4 inches. 7)Number of taps to be installed: 3 N&W T/tp5 1 & F-srFN6 rn-p * 1 M 1't'f rP/ nr0.4 8) Plat Provided? Yes No Tf�dNS/ me fro > r}fie gyjg 9) Number of new fire hydrants: 10) Fee for hydrants: t LTWD PORN?10 (Rev.May ea) Page 2 of 2 PL1592 2003-3201 Large Maps Located in Original File Not Scanned Hello